SW7981112_Final Permit_19981213

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
DIVISION OF WATER QUALITY
December 23, 1998
Mr. Walter J. Marsh
188 sunrise Circle
Mooresville, NC 28115
Subject: Permit No.
Harbour Bay
Low Density
Dare County
Dear: Mr. Marsh:
MA
RCDENR
NO CARoum DtrARrMeur OF
ENVIRONME AND NA RE ouRcE
SW7981112
Subdivision
Stormwater Project
The Washington Regional Office received the completed
Stormwater Application for the subject project on December 17,
1998. 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
Permit No. SW7981112 dated December 23, 1998 to Walter J. Marsh @
Associates. Please note General Condition # 8. in the permit which
prohibits development of the two commercial lots without first
obtaining a stormwater permit.
This permit shall be effective from the date of issuance until
rescinded and shall be subject to the conditions and limitations as
specified therein.
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, P.O. Drawer 27447, Raleigh, NC 27611-7447.
Unless such demands are made this permit shall be final and
binding.
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

Harbour Bay
December 23, 1998
Page Two
If you have any questions, or need additional information
concerning this matter, please contact Roger Thorpe at (252) 946-
6481, extension 214.
Sincerely,
rrJim Mulligan
Water Quality Regional Supervisor
Washington Regional Office
cc: Quible and Associates
Are County Inspections
shington Regional Office
Central Files

State Stormwater Management Systems
Permit No W7981112
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE 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
d PERMISSION IS HEREBY GRANTED TO
Walter J. Marsh @ Associates
Harbour Bay Subdivision
Dare County
FOR THE
construction, operation and maintenance of stormwater management
systems 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 Water Quality and considered a part of this permit for
Harbour Bay Subdivision located in Kitty Hawk, NC.
The Permit shall be effective from the date of issuance until
rescinded and shall be subject to the following specific conditions
and limitations:
I. DESIGN STANDARDS
1. The following criteria are approved as meeting the
stormwater rules for this project:
a. The total area for this project is 16.15 acres.
b. Total impervious area for this project site is 4.93
acres.
C. Total number of lots is 35.
2. The overall tract built -upon area percentage or lot sizes
for the project must be maintained at levels at least as
stringent as the low density levels specified in the
stormwater rules.

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3. The develop�ent must demonstrate that no areas within the
project site are of such high density that stormwater
runoff threatens water quality.
4. Approved`plans and specifications for projects covered by
this permit are incorporated by reference and are
enforceable parts of the permit.
5. The only runoff conveyance systems allowed will be
vegetated conveyances such as swales with minimum side
slopes of 3:1 (H:V) or curb outlet systems as defined in
the stormwater rules and approved by the Division.
6. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff
beneath an impervious surface such as a road
b. hat minimum amount needed under driveways to
rovide access to lots.
7. Projects covered by this permit will maintain a minimum
30 foot wide vegetative buffer between all impervious
areas and surface waters.
B. No homeowner/lot owner/developer shall be allowed to fill
in, alter, or pipe any vegetative practices (such as
swales) shown on the approved plans as part of the
stormwater management system without submitting_ a
revision to the permit and receiving approval from the
Division.
9. Each of the lots in the subdivision will be limited to
the amount of built -upon area indicated in the approved
plans and consistent with item 1 above.
10. The permittee is responsible for verifying that the
proposed home plans do not exceed the allowable built -
upon area. Once the lot transfer is complete, the home
plan may not be revised without approval from the
permittee, and responsibility for meeting the built -upon
area limit is transferred to the individual homeowner.
11. Deed restrictions are incorporated into this permit by
reference and must be recorded with the Office of
Register of Deeds. A copy of the recorded restrictions
must be received by this Office within 30 days of the
date of recording. Recorded deed restrictions must
include, as a minimum, the following statements related
to stormwater management:
a. A statement of the allowable built -upon area per
lot in the following form:
"The allowable built -upon area per lot is 4428 sq.

ft. per lot and shall be inclusive of that portion
of the right-of-way between the front lot line and
the edge of the pavement, structures, pavement,
walkways of brick, stone, slate, not including wood
decking."
b. Items related to stormwater management must remain
in the deed restriction, and this is to be
indicated by including the following:
"The covenants pertaining to stormwater regulations
may not be changed or deleted without concurrence
of the State."
C. To assure that vegetated conveyances are not piped
(in accordance with item 5) deed restrictions must
indicate that:
"Filling in or piping of any vegetative conveyances
(ditches, swales, etc.) associated with the
development except for average driveway crossings,
is strictly prohibited by any persons."
12. The Engineer/Owner/Developer/Permittee must certify in
writing that the project's stormwater controls, and
impervious surfaces have been constructed within
substantial intent of the approved plans and
specifications.
13. The following items will require a modification to the
permit:
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 of the project area.
In addition, the Director may determine that other
revisions to the project should require a modification to
the permit.
14. 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.

II. SCHEDULE OF COMPLIANCE
1. The permittee shall comply with the following schedule for
construction and maintenance of the Low Density Option
stormwater systems:
a. 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 except roads.
b. During construction, erosion shall be kept to a minimum
and any eroded areas of the swales or other vegetated
conveyances will be repaired immediately.
2. The permittee shall at all times provide the operation and
maintenance necessary to operate the permitted stormwater
management systems at optimum effiFiency to include:
a. Inspections
b. Sediment removal
C. Mowing, and revegetating of
d. Immediate repair of eroded
e. Maintenance of side slopes
plans and specifications.
the side slopes
areas
in accordance with approved
3. The permittee shall submit recorded deed restrictions limiting
built -upon area per lot in accordance with Part I, item 9,
within 30 days of the date of recording.
4. The Permittee shall submit the Engineer/Owner/Designer/
Permittee Certification in accordance with Part I, item 12,
within 30 days of completion of the project.
5. The permittee shall submit all information requested by the
Director or his representative within the time frame specified
in the written information request.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained
in this permit may subject the Permittee to an enforcement
action by the Division of Water Quality, in accordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until
revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated
for cause. The filing of a request for a permit modification,
revocation and reissuance, or termination does not stay any
permit condition.

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4. The issuancgg of this permit does not prohibit the Director
from reope�,ing 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 of the
North Carolina Administrative Code, Subchapter 2H.1000; and
North Carolina General Statute 143-215.1 et.al.
5. The permittee shall submit to the Director and shall have
received approval for revised plans, specifications, and
calculations prior to construction, for those revisions under
any,of the following conditions:
a. Any additions, deletions or redesign of the previously
permitted amount of built -upon area proposed regardless
of the size of the modification.
b. Further subdivision of the project area.
6. The permit is not transferable to any person except after
notice to and approval by the Director. The Director may
require modification or revocation and reissuance of the
permit to change the name and incorporate such other
requirements as may be necessary. A formal permit request
must be submitted to the Division of Water Quality accompanied
by the appropriate fee, documentation from both parties
involved, and other supporting materials as may be
appropriate. The approval of this request will be considered
on its merits, and may or may not be approved.
7. 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.
8. The two commercial lots located on the East end of the
property adjacent to US Hwy 158 By -Pass shall not be developed
until either a modification to this permit is applied for and
received or an individual stormwater permit for those lots is
applied for and received.
Permit issued this the 23 rd day of December, 1998.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
,e.A. Preston Howard, Jr., P.E., Director
Division of water Quality
By Authority of the Environmental Management Commission
Permit Number SW7981112