SW7170902_Final Permit_20190104

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR
Interim Director'
January 4, 2019
Tuckers Cove, LLC
Attn: Mr. Justin Old
417 Caratoke Hwy, Unit D
Moyock, NC 27958
MODIFICATION for
Subject: Stormwater Permit No. SW7170902
Tuckers Cove Subdivision
Low Density Stormwater Project
Dear Mr. Old: Currituck County
The Washington Regional Office received your request to modify the subject
stormwater permit on December 12, 2018. Staff review of the plans and specifications
has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding this modification
for Permit No. SW7170902 dated January 4, 2019, for the construction of the subject
project.
This permit replaces the previous stormwater permit issued for this project and
shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein and does not supersede any other agency
permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable,
you have the right to request an adjudicatory hearing upon written request within thirty
(30) days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
6714. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter,
please contact this office at [phone].
Sincerely,
Samir Dumpor, PE
Regional Engineer
cc: WARO
ec: DAVEK(a)bissellprofessionalgroup.com
Laurie. LoCicero(cDCu rrituckCountyNC.gov
rva�iHcuai D � Q��
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Washington Regional Office � 943 Washington Square Mall � Washington, North Carolina 27889
252.946.6481

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Tuckers Cove, LLC
Mr. Justin Old
FOR THE
construction, operation and maintenance of a low density project in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and
the approved stormwater management plans and specifications, and other supporting
data as attached and on file with and approved by the Division of Energy, Mineral, and
Land Resources (Division) and considered a part of this permit for a proposed 30-lot
single family residential (sfr) subdivision located off Tulls Creek Road near Moyock, NC.
This permit replaces the previous stormwater permit for this project and shall be effective
from the date of issuance until rescinded and shall be subject to the following specific
conditions and limitations:
I. DESIGN STANDARDS
This permit is for a 30-lot sfr subdivision on a 47-acre tract located off Tulls Creek
Road near Moyock, NC. The total proposed built -upon area is 9.44 acres.
2. The overall tract built -upon area percentage for the project must be maintained at
or below 24%, as required by Section 2H .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit and shall be kept
on file by the permittee at all times.
4. The only runoff conveyance systems allowed will be vegetated conveyances such
as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules
and approved by the Division.
5. No piping is allowed except that minimum amount necessary to direct runoff
beneath an impervious surface such as a road or to provide access.
6. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent streams or other surface waters.
Nothing Compares,.
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Washington Regional Office 1 943 Washington Square Mall I Washington. NC 27889
252 946 6481

It. SCHEDULE OF COMPLIANCE
The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area.
The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame specified
in the notice, the permittee shall submit a written time schedule to the Director for
modifying the site to meet minimum requirements. The permittee shall provide
copies of revised plans and certification in writing to the Director that the changes
have been made.
3. This project may not be sold or subdivided in whole or in part without first receiving
a permit modification from the Division.
4. Prior to the subdivision and/or sale of this project, in whole or in part, the following
deed restrictions must be recorded with the Office of the Register of Deeds:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7170902, as issued by
the Division of Energy, Mineral, and Land Resources under 15A NCAC
2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
Permit.
C. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Energy, Mineral, and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Energy, Mineral, and Land
Resources.
f. The maximum built -upon area per lot is listed in the attached Table for the
Tuckers Cove Residential Subdivision. This allotted amount includes any
built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas,
but does not include raised, open wood decking, or the water surface of
swimming pools.
g. This project may not be sold or subdivided, in whole or in part, without first
receiving a permit modification from the Division.
h. Construction of additional impervious areas such that low -density
requirements are no longer met will require a permit modification prior to
construction. An engineered system will be required to collect and treat the
runoff from all built -upon area associated with the project, including that
area permitted under the low density option.
i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with this development, except for average driveway crossings,
is strictly prohibited by any persons.
j. The built -upon areas shall be located a minimum of 50 feet landward of all
perennial and intermittent surface waters.
Nothing Compares
5tateof North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Washington Regional Office 1 943 Washington Square Mall I Washington. NC 27889
252 946 b481

5. A copy of the recorded restrictions must be received in this Office within 30 days
of the date of sale.
6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated
with the permitted development, except for average driveway crossings, is strictly
prohibited by any persons.
7. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modifications to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of the project area in whole or in
part. The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of any
built -upon surface.
9 During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
10 The permittee shall at all times provide the operation and maintenance necessary
to operate the permitted stormwater management systems at optimum efficiency
to include:
a. Inspections
b Sediment removal.
C. Mowing, and re -vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
11. Within 30 days of completion of the project, the permittee shall certify in writing
that the project has been constructed in accordance with the approved plans.
12. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
Nothing Compares.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Washington Regional O(fice 1943 Washington Square Mall I Washington. NC 27889
252 946 6481

III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
re -issuance of the permit to change the name and incorporate such other
requirements as may be necessary. In the event of a name or ownership change,
a completed Name/Ownership Change form, signed by both parties, must be
submitted to the Division accompanied by the supporting documentation as listed
on page 2 of the form. The approval of this request will be considered on its merits,
and may or may not be approved.
The permittee is responsible for compliance with all permit conditions until the
Director approves a transfer of ownership. Neither the sale of the project nor the
transfer of common areas to a third party, such as a homeowner's association,
constitutes an approved transfer of the stormwater permit.
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division, in accordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A NCAC
21-1.1000 of the North Carolina Administrative Code, Subchapter 21-1.1000; and
North Carolina General Statute 143-215.1 et. al.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by the Division, such as the construction of
additional or replacement stormwater management systems.
6. The permittee grants permission to DEQ Staff to enter the property during normal
business hours, for the purpose of inspecting all components of the stormwater
management facility.
7. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance, or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the swales must
follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
10. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state and federal), which have jurisdiction.
Nothing Comparesti
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Washington Regional Office 1943 Washington Square Mall I Washington NC 27889
252 946 6481

11. The permittee shall notify the Division in writing of any name, ownership or mailing
address changes at least 30 days prior to making such changes.
Permit issued this the 4 th day of January 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
a- ------------------------------ for
Danny Smith, Interim Director
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit No. SW7170902 Modification
Nothing Compares
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, NC 27889
252 946 6481

TUCKERS COVE EXHIBIT "A" Low Density
Residential Subdivision Allowable Built -Upon Area and
Deed Restriction Calculations
LOT NO.
LOT AREA (ft2).
Me: AI)o;s , ,
BP)It Upoh,
1
40,005
10,000
2
40,004
10,000
3
40,101
10,000
4
40,022
10,000
5
40,129
10,000
6
40,056
`- 10,000
7
40,675
10,000
8
40,258
10,000
9
40,437
10,000
10
40,001
10,000
11
40,004
10,000
12
40,003
10,000
13
40,028
10,000
14
40,199
10,000
15
57,347
10,000
16
49,723
10,000
17
41,772
10,000
18
45,241
10,000
19
40,001
10,000
20
40,001
10,000
21
40,265
10,000
22
40,001
10,000
23
40,000
10,000
24
40,001
10,000
25
40,002
10,000
26
40,103
10,000
27
40,511 1
10,000
28
40,612
10,000
29
41,714
10,000
30
43,247
10,000
Total
1,242 403
300,b$0
Project Area Data:
AREA (sf)
Total Residential Lot Area:
1,242,463
Total Common Area:
611,938
Total Right-of-way Area:
139,690
Total 15' Access Easement Area:
21,940
Public Trust Surface Water Area:
39,124
Total Property Area:
2,055,155
Project Area (Less Public Trust):
Built -Upon Area Data:
Residential Lots:
Roadway:
Sidewalks:
Misc. Amenity:
Total Built -Upon Area
% Built -Upon Area:
PHASC -. F =
2,016,031
AREA (sf)
300,000
73,877
19,060
18,175
411.112
20.39%
=Z 0rJ
0.90 Ac. DAVID 0-
47.18 Ac. /!l/111111\\
46.28 Ac.
9.44 Ac.