Loading...
HomeMy WebLinkAboutSW8040919_Historical File_20050125Mr. Travis Tyndall, Co -Manager Inland Properties Group, LLC 2894 Belgrade-Swansboro Road Maysville, NC 28555 Dear Mr. Tyndall: Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 25, 2005 Subject: Permit No. S W9 040919 Morada Bay`Section I Low Density Subdivision Stormwater Permit Cartgret County The Wilmington Regional Office received a complete Stormwater Management Permit Application for Morada Bay Section I on January 25, 2005. 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. SW8 040919, dated January 25, 2005, for the construction of the project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required.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, P.O. Drawer 27447, Raleigh, NC 27611-7447. 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 either Gary Beecher or me at (910) 395-3900. Sincerely, anv-lc3e Ed Beck Acting Regional Supervisor Surface Water Protection Section EB/:ghb S:1WQSISTORMWATIPERMIT1040919.Jan05 cc: David Newsom, RE (Crystal Coast engineering) Carteret County Inspections NCDOT district engineer Gary Beecher. (DWQ) Division of Coastal Management Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer 5ervicel-877.823-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet: h2o.enr.state.nc.us e 1VorthCarolina An Equal Opportunity/Affirmative Action Employer— 50% Recyded/10% Post Consumer Paper NJ7&1'd State Stormwater Management Systems Permit No.SW8 040919 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 PERMISSION IS HEREBY GRANTED TO Mr. Travis Tyndall, Co -Manager Inland Properties Group, LLC Morada Bay Section I Carteret County FOR THE construction, operation and maintenance of a 25% low density subdivision 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. 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 Each of the 11 lots is limited to a maximum of 5,620 square feet of built -upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25%, per the requirements of Section .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. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. 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. 6. All roof drains must terminate at least 30' from the mean high water mark. M State Stormwater Management Systems Permit No.SW8 040919 II. SCHEDULE OF COMPLIANCE 1. 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. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. 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 revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 040919, as issued by the Division of Water Quality under 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 Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 5,620 square feet. 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, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. 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. h. Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC. i. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. State Stormwater Management Systems Permit No.SW8 040919 All roof drains shall terminate at least 30' from the mean high water mark. 5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -upon area per lot within 30 days of the date of recording. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 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. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 10. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built -upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 11. Within 30 days of completion of the project, the 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. Any deviation from the approved plans must be noted on the Certification. 12. 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 toc 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. 13. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. - 14. The Director may determine that other revisions to the project should require a modification to the permit. 15. Stormwater conveyances will be located in either dedicated right-of-way (public or private), recorded common areas or recorded drainage easements. The final plats for the State Stormwater Management Systems Permit No.SW8 040919 project will be recorded showing all such required easements, in accordance with the approved plans. III. GENERAL CONDITIONS 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. 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 of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The 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 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. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of responsibility for transferring the permit. 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. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 25th day of January 2005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -41 ----- !:�- ---- � . J -------------------------- Alan W. Klimek„ P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 040919 OFFICE USE ONLY Date Received Fee Paid Permit Number � �+ (J" 1 �% �� ,� 2 /T" -,2Z , of � ? 04015 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original 1. GENERAL INFORMATION l . Applicants name (specify the name of the corporation, individual, etc. who owns the project): Inland Properties Group, LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance 3. Mailing Address for person listed in item. 2 above: V 2894 Belgrade-Swansboro Rd. City: Maysville _ State: NC Zip: 28555 Telephone Number: ( 910 ) 743-6070 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Morada Bay Section I 5. Location of Project (street address): Intersection of NC 24 and J Bell Ln. City: White Oak County: Carteret 6. Directions to project (from nearest major intersection): From intersection of NC 24 & NC 58, east on NC 24 approx. 4.7 miles to J. Bell Lane, right on J. Bell Lane. 7. Latitude: 34° 42' 03" N Longitude: 760 57' 49" W of project P J 8. Contact person who can answer questions about the project: Name: David K. Newsom, PE (Crystal Coast Engineering, PA) Telephone Number: ( 910 ) 325-0006 Il. PERMIT INFORMATION: 1. Specify whether project is (check one): X New Renewal Modification Form SWU-101 Version 3.99 Page 1 of 4 RECEIVED SEP 1 6 7004 BY; 2. if this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): X Low Density High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): �CAMA Major X Sedimentation /Erosion Control X 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Stormwater will be collected and treated in roadside vegetated swales. 2. Stormwater runoff from this project drains to the White Oak River basin. 3. Total Project Area: 9.73 acres 4. Project Built Upon Area: 25.00 % 5. How many drainage areas does the project have? I 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area t Drainage .Area 2 Receiving Stream Name Sikes Branch Receiving Stream Class SA; HQW Drainage Area 423,808 sf (9.73 ac) Existing Impervious* Area -0- Proposed Impervious*Area 105,952 sf (2.43 ac) % Impervious* Area (total) 25.00 % Impervious* Surface Area Drainage Jr" 11 Drainage Area 2 On -site Buiidings fog a..rsro:iiwu, 61,827 sf (1.42 ac) On -site Streets 43,498 sf (1.00 ac) On -site Parking _0- On-site Sidewalks Other on -site �ra�s 627 sf (0.14 ac) Off -site -0- Total: 105,952 sf (2A3 ac) Total: impervious area is aeJRnea as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 7. How was the off -site impervious area listed above derived? NIA IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number N/A as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than N/A square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5093 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. is • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary _ Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VI.T. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Crystal Coast Engineering, PA Mailing Address:3817_3 Freedom Way City: Hubert Phone: [ 910 ) 325-0006 VIII. APPLICANT'S CERTIFICATION State: NC Zip:28539 Fax: ( 910 ) 325-0060 I, (print or type name ofperson listed in General Information, item 2) _____ 7L <7 4V /S 7-2��,���, certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 21-1.1000. _ _.I" Signature: Form SVU-101 Version 3.99 Page 4 of 4 Date: Permit No. 0 o (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in I SA NCAC 2H .1005 through 1007. I. PROJECT INFORMATION Project Name: Morads Bay Section 1 Contact Person: Number of Lots: 11 Number:. ( 910 ) 743-6070 Allowable Built Upon Area Per Lot*: 5,620 sf *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. 11. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor -the appropriate percent built upon area divided by 100. ' RA Road Area - the total impervious surface occupied by roadways. • OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots - the total number of lots in the subdivision. • BUA/Lot . the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. Form SWU-104 Rev 3.99 Page 1 of 2 (SA x DF) - RA - OA ° BUA No. Lots Lot Calculation. A/Lot = ( (423,808 sf x 0.25) - 43,498 sf - 627 sf) / 11 lots = 5,620 sf III. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. Applican Initials per/ a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to sale of any lots. c. Built upon area calculations are provided for the overall project and all lots. d. Project conforms to low density requirements within the ORW AEC (if applicable). [15A NCAC 2H .I007(2)(b)] Form SWU-104 Rev 3,99 Page 2 of 2 North Carolina Carteret County Restrictive Covenan Morada Bay S��tiop Know all men by these presents, that Wandrroperties Group, (hereinafter "Declarants") parties of the first part, do hereby venant and agree to and with all other persons, firms or corporations who now own oyfiay hereafter acquire Lots 1-11 as shown on a plat entitled Morada Bay Section prepared by Alan Bell Surveying, PA that all of said lots shall be and are hereby made bject to the following restrictions as to the use thereof, running with said property by howsoever owned and be binding upon all parties having any right, title or interest n the described properties or any part thereof, their heirs, successors and assigns, an 11 inure to the benefit of each owner thereof. The Covenants and restrictions are a ollows: 1. No lot shall be used ex for residential purposes, and no buildings shall be so erected, altered, placed for to remain on any lot other than one detached single family dwelling of to exceed two and one-half stories in height and a private garage for no ore than two cars. 2. No building shall permitted on any lot which has a ground floor area of the main structure a lusive of one-story porches and garages of less than square tbet for one-story dwelling, nor less than square feet for a dwelling of m re than one story. 3. Easement f Utilites. There is hereby reserved to the Declarants and their Assignees blanket easement upon, across, above and under all property within the co nity for access, ingress, egress, installation, repairing, and maintaining all utili ' s serving the community or any portion thereof, including, but not limit o, ,gas, water, sanitary sewer, telephone, and electricity, as well as storm drai a and any other service such as, but not limited to, a master television ant system, cable television system, or security system which the Declarants mil t decide to have installed for either of themselves or their designee, as the may b e, to install, repair, replace, and maintain or to authorize the i stallation, repairing, replacing, and maintaining of such wires, conduits, cables, d other equipment related to the providing of any such utility or service. Should any party requesting such utility or service, request a specific license or easement by separate recordable document, the Declarants shall have the right to grant such easement. 4. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No commercial or business activity of any nature shall be conducted on any lot. 5. Animals. No animals, livestock or poultry of any kind may be raised, bred, kept, or permitted on any lot, with the exception of the following pets: (1) dogs; (2) cats; (3) birds; and other usual and household pets. Pets are not permitted to roam free or endanger the health of the community. No pets shall be kept, bred or maintained for any commercial purpose. 6. Signs. No sign of any kind, including yard sale signs, shall be displayed to the public view on any lot except one professional sign of not more than (5) square feet advertising the property for sale or rent, or signs used by builders or developers to advertise the property during the construction and sales period. 7. Garbage, clothesline and Woodpiles. All lots, whether occupied or unoccupied, shall be well maintained and no unattractive growth or accumulation of rubbish or debris shall be permitted. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. All garbage containers, woodpiles and other similar items shall be located or screened so as to be concealed from view of neighboring lots, streets, or passing vehicles, provided garbage containers may remain on the curbside for up to twelve hours on days of scheduled curbside pick up. 8. Satellite Dish and Antennas. Only satellite dishes twenty-four inches (24") in diameter or smaller are permissible. No exterior antennas shall be placed, allowed, or maintained upon any portion of the community, including any lot. 9. No unlicensed motor vehicle shall be allowed to stand on any lot for more than forty-eight (48) hours. No stripped, partially wrecked, or junk motor vehicles, or part thereof, shall be permitted to be parked or kept on any street or lot, in such a manner as to be visible to the occupants of other lots or the users of any street. No trucks or cars shall be parked or along the right of way. No commercial vehicles of any type may be parked, stored or kept on the property. 10. No trailer, basement, tent, shack, garage, barn, or other outbuilding created on the tract shall at any time be used as a residence temporarily or permanently nor shall any structure of a temporary character be used as a residence on the property. No slab, mobile homes, manufactured or modular homes shall be permanently or temporarily located on a lot. All houses shall be "stick built" and no house shall be moved onto any other lot. Declarant reserves the right to erect and place a temporary sales office on any lot owned by it to be used as a sales office for a period not to exceed seven (7) years. No trailer (except recreational vehicles and boats which are parked behind the dwelling), tent, shack, or barn shall be erected or placed on any lot covered by these covenants. No storage shed shall be permitted on any lot covered by these covenants unless approved by the Declarant. No such building shall be built on old materials. All storage buildings must use new materials. All playground equipment and storage buildings shall be placed to the rear of the main dwelling structure. No underground storage tanks are allowed. All fuel or propane tanks must be placed above ground level and the same will be screened on three sides by a lattice type material to prevent view from the main road. No above ground pools shall be allowed. 11. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years after which the date these restrictive covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. 12. Enforcement shall be by proceedings at law or in equity against any person violating or attempting to violate any covenant either to restrain violation or to recover damages. The Court may award attorney's fees to the prevailing party in any subsequent civil action. Failure by the Declarant or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to enforce the same. 13. Invalidation of one of these covenants by judgement or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 14. The developer reserves the right to subject the real property in this subdivision to a contract with for the installation of street lighting which requires a continuing monthly payment to by residential customer. 15. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number SW8 040019 as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 16. No more than 5,620 square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 17. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. I.B. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 19. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. IN WITNESS WHEREOF, Declarant has executed and sealed this Declaration as its act and deed this day of By- By: /Declarant /Declarant Crvstal Coast Enaineerina. PA 3817-3 Freedom Way Hubert, N.C. 28539 Tel: (910) 3254)OW Fax (910) 325MM Emai: cizeo.rccom November 22, 2004 Mr. Gary H. Beecher N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 Re: Stormwater Project No. SW8 040919 Morada Bay Section I Carteret County Dear Mr. Beecher, RECEIVED NOV 2 3 2004 BY: We are in receipt of your Request for Additional Information dated November 9, 2004 for the referenced project. We provide the following information to allow you to continue the stomriwater review (item number corresponds to your original Request): 1. Added swale icon to legend. Swales are proposed along both sides of road. Plan & Profile sheets which show swale profiles are enclosed for your use. 2. Plan & Profile sheets should allow you do determine flow directions. 3. The ditch is tributary to Sikes Branch (see attached quad). All properties tributary to this ditch are undeveloped (i.e., wooed or farmland). 4. Copy of proposed deed restrictions is attached. We are hopeful that this response addresses all concems and that the permit can be issued in the near future. Should you have questions or additional concerns, please feel free to contact me. CRYSTAL COAST cc: Inland Properties Group, LLC AIZA. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary November 9, 2004 Alan W. Klimek, R.E., Director Mr. Travis Tyndall, co -manager Inland Properties Group, LLC 2894 Belgrade-Swansboro Road Maysville, NC 28555 Subject: Request for Additional Information Stormwater Project No.SW8 040919 Morada Bay Section I Carteret County Dear Mr. Tyndall: The Wilmington Regional Office received a Stormwater Management Permit Application for Morada Bay Section I. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: .1. ,Ifore int'Lrt•rr►crtion iv needled regarding g the stormwater sla r►lc�� erg,►ng Aht rada Bat, Drhzlc:. Are there lava eo• on froth shiesof'the, road. ! A :swaie ire►,u orsjlin ol, doe1 it ot rrl�pear in the legend, this ►nukes it rlifficuft ftpr me try_ fi►flow the sts,ales throughout the site. Stor►nivater flow arraivs and mare lopo line:%- are needed, especially along hforada Bay Drive. Without these it is di_fti :ult to defer: dne svl►ic�h w ), the water tis,ill_flon: T'he etv that flan provided are Jinded and dif tcndt to read, 3. Afore irrforrnatio►n iv needed on the existing ditch located at the sottth end of he properti=. Where doer this ditch flow tool' Is it being used by other surrounding; stormivater.�ystetn.s? 4_ Plea end us a cope of the proposed deed re5trictiom-.f ►r t{art r:r; r =r, A'hank You Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to October 20, 2004, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of allrequireditems, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation ofNCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-395-3900 / FAX: 910-350-2004 / Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NofthCarohna Natzfli4 Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, /*� .h3.A� Gary eecer Environmental Technician RSS/ghb: S:\WQS\STORMWATIADDINFO\2003\040919.Nov04 cc: David Newsom, P.E. (Crystal coast Engineering) :h Comments on Application by Inland Properties Group, LCC: SW8 ... Subject: Comments on Application by Inland Properties Group, LCC: SW8 040919 From: "Todd Miller" <toddm@nccoast.org> Date: Thu, 7 Oct 2004 10:43:12 -0400 To: "Linda Lewis <Linda.Lewis@ncmail.net> CC: <noelle.lutheran@ncmail.net> Dear Linda, Enclosed are some preliminary comments regarding the Inland Properties Group, LCC application for Morada Bay Section 1 (SW8 040919). I'm still reviewing the application, and may have some additional comments especially after the Carteret County Planning Board reviews the project again on October 11. appreciate•the fact that you and your staff have been very helpful in providing the information I've requested. Because I grew up and live in close proximity to this proposed project --and our entire neighborhood has been following the subdivision process at the county level in great detail --I happen to be very familiar with: the land, the downstream coastal waters, and the various development proposals that are being made by the applicants. I'm seasoned enough in this business to know that this land will be developed, but niy expectations are that existing environmental laws and regulations will be fully applied and enforcad so as to protect water quality, and I intend to keep a very watchful eye on the permitting and development process since I travel by this property many times each day. As stated in the coastal stormwater rules (15 NCAC 02H.1003), it was the intent of the Environmental Management Commission that projects like this subdivision near sensitive coastal waters would not endanger water quality because they would be designed as low -density development The concept promulgated within the coastal stormwater rules is that projects will not contribute significant amounts of polluted stormwater runoff and therefore assure the protection of water quality standards and comply with the, anti degradation requirementsof both state and federal law. As presented in the application, the proposed access road called Morada Bay Drive between Highway 24 and theplanned subdivision is in fact "High Density Development."This portion of the development drains directly to SA/ORW/HQW waters that have been classified by the NC Division of Water Quality as "impaired waters." The roadway is designed without an engineered stormwater infiltration system. In fact, the roadside ditches that are proposed are clearly designed to "convey" stormwater without;any treatment or infiltration directly into degraded SA/ORW/HQW waters. This stormwater collectign system will result in violations of water quality standards and further degradation of downstream waters, and it is inconsistent with state and federal water quality requirements. The rest of the subdivision cn probably be made to comply with existing low -density standards, but insufficient information and documentation has been provided in the application to verify that this is the case. Below are specific comments regarding omissions and errors in this permit application. They include: (1) Sikes Branch is classified as Outstanding Resource Waters in addition to SA/HQW. Here are the ORVI boundaries as classified and described by the NC Environmental Management Commission: Bogue Sound (including Intracoastal Waterway from White Oak River Basin to Beaufort Inlet) (index No. 20-36) from Bogue Inlet to a line across Bogue Sound from the southwest side of. mouth of Ga4s Creek to Rock Point and all tributaries except Hunting Island Creek, Goose Creek, and Broad CreekWere reclassified from Class SA to Class SA ORW. (15A NCAC 02B .0312) Please note that Sanderk Creek was included as ORW waters including its tributaries. Sanders Creek is also classifi. d as a primary nursery area by the NC Division of Marine Fisheries. These are highly sensitive, but degraded waters. (2) The North Cgrolina Water Quality Assessment and Impaired Waters List (2002 Integrated 305(b) and 1 of 3 10/11/2004 8:08 AM Comments on Application by Inland Properties Group, LCC: SW8 ... 303(d) Report classifieds both Sikes Branch and Sanders Bay as "impaired Waters." The report attributes ths:impairment to fecal coliform and places a "HIGH" priority on removing this impairment. Any additional stormwater drainage into Sikes Branch will further degrade this stream, and make it even more difficult to remove this impairment. Federal law requires the NC Division of Water Quality to cyan up these waters, and any actions taken in regard to development that drains to this stream Should be consistent with that federal obligation. (3) The North Carolina Water Quality Assessment and Impaired Waters List (2004 Integrated 305(b) and 303(d) Report) Public Review Draft continues to List Sikes Branch and Sander Bay as "Impaired Waters." Thi's updated report show no progress has been made in cleaning up these impaired waters over'the past two years. (4) The Plans and Specifications Included in the Application Fail to Provide Original and Proposed Contours and. Drainage Patterns for the Right -of -Way for the Access Road (Morado Bay Drive) to the Subdivision. This topography once provided will clearly show that the road must cross over a significant "rise" between Highway 24 and Sikes Branch. South of the creek, the roadside ditches will function to drain a pocket of 404 wetlands that are uphill from Sikes Branch. In addition, the application does not show the drainage area that flows into the right-of-way as required (15A NCAC 2H.1003(g)(4 & 5). Plans do show that all drainage between Highway 24 and Sikes Branch will be conveyed via roadside ditches directly into Sikes Branch. In fact, the applicant is proposing to remove the exisitng 15" culvert udder J. Bell Lane at the highway, and to connect the Highway 24 ditches directly into the new roadsidd;.ditches constructed along Morada Bay Drive. This will convey stormwater off of Highway 24 directly iaitq Sikes Branch. To make it feasible within the 50 foot right-of-way owned by the applicants, tliese swa/es are likely to be much steeper than the 3:1 maximum requirement for swales. This explains why plans show that the roadside "swales" (i.e., ditches) will extend outside of the property owned by the applicant onto adjacent property owners land. There is no documentation that adjacent. -property owners have provided permission for these "swales" to be placed on their properties. ° (5) The Plans and Specifications Provide No Information To Allow Evaluation of Whether the Road Drainage Takes Into Account the Runoff At The Ultimate Built -Out Potential From All Surfaces Draining to the System, including any Off -Site Drainage. Properties to the east and west of the road will drain into the new roadside ditches as well as runoff from Highway 24 ditches. No contours of land surrounding the road are provided in the application. However, there is considerable runoff already flowing into existing J. Bell Lane from surrounding lands, most of which are currently either not developed or, in low density single family houses. Providing this information is a basic requirement of the stormwater rules that is necessary to ensure compliance with water quality standards f;. (15A NCAC.02H.1008(c)(1)). (6) The Plans and Specifications Provide No Information About the Future Two Phases of the Subdivislon0o Allow Evaluation of Whether the Drainage Takes Into Account the Runoff At The Ultimate BuiltrOut Potential From All Surfaces Draining to the System including any Off Site Drainage. The applicant has presented plans to the Carteret County Planning Board that for a subdivision that will have approximately 50 lots. The boundary between Phase 1 and Phases 2 and 3 is also creek cabled Sikes Branch (SA/ORW/HQW). This creek is shown on the plan as a "ditch." I'm not sure why only the road and 11 lots have been submitted with this permit application, but clearly all future phases of the project should be presented as part of this application to comply with (15A NCAC 02H. 1008(c) (1)). (7) The Percent. Built -Upon Area for the Access Road from Highway 24 to the Subdivision Is Clearly a Pocket of High Density Development and Should be Regulated As Such In Order to Protect Water Quali . This portion of the development is isolated from the rest of the subdivision. it is simply a 20+ foot wide road approximately 1,150 feet long cover more than one acre of land located in a right-of-way owned by the applicant that is only 60 feet wide. The built -upon area in this discrete portion of the development -will exceed 25% built -upon. In addition, drainage ditches along the road are proposed that will-oute,stormwater from the road, Highway 24, and surrounding developed and undeveloped properties directly into the SA/ORW/HQW "Impaired" waters of Sikes Branch. To protect these receiving w4fers, an intiitration system is clearly required by the stormwater rules since this project is within 112 mile of SA waters and it is in fact "high density development" (15A NCAC 2 of 3 10/11/2004 8:08 AM Comments on Application by InloAd Properties Group, LCC: SW8 ... 02h.1008(d)). (8) The site plain does not show the proposed intersection between existing J Bell Lane and Morada Bair Drive The Carteret County Planning Board instructed the applicant to provide a right turn intersection into the new development off of J. Bell Lane. This issue is likely to be discussed at next week's planning board meeting. Whatever the outcome, making this intersection will involve routing drainage, some additional impervious cover, and under the applicant's preferred option enlarging culverts in Sikes Branch under existing J. Bell Lane. Depending on how this connection is made, therd°could be additional runoff into Sikes Branch. The applicant's also do not own the land where they proposed to connect J. Bell Lane to their road. Clearly, this engineered intersection should be included in the plans provided for your review and this application is incomplete without this information. (9) Recorded deed restrictions and protective covenants are not provided. The applicant put "N/A" on IV. 2. of the stormwater application indicating there will be no limitations on the square feet of any lot that can be covwed by structures or impervious materials. This is inconsistent with 15A NCAC 02H.1003(d)(1) that explicitly requires recorded deed restrictions and protective covenants to ensure development activities maintain development consistent with the plans and specifications approved by the Division. by the "Low :Density Supplement" Application Form. The proposed subdivision lots are not uniform, and the required Table was not included in the application. Lots vary in size because of soil conditions and other factors, and this Table is necessary to evaluate compliance with low -density. requirements. (11) No Operati6n and maintenance plan signed by responsible party has been presented. This is required at -part of the application (15A NCAC 021-11.1003(g)(8)) and 15A NCAC 021-11.1003(d)(1). a Thank you again for considering these comments and for carefully reviewing this application so as to protect and restore water quality in Sikes Branch, Sanders Creek and Bogue Sound. I would appreciate being notified immediately of any modifications to the permit application, and when significant additional informatibb is submitted by the applicant. Of course, I'd also like to know when any final permit decisions ar4 made. As I becomd aware of any design changes required by the county, I plan to pass that information along to you as well. Also, I plan to let you know if I see things happening during construction that appear to be inconsistent with whatever permit is eventually issued. With best regards, Todd cc: Noelle Lutheran Todd Miller Executive Director .s North Carolina Coastal Federation 3609 Highway 24 (Ocean) Newport, NC 2857;Q (252) 393-8185 (25�) 393-7508 (fax) www.nccoast.org 3 of 3 10/11/2004 8:08 AM 3817-3 Freedom Way Hubert, N.C. 28539 Tel: (910) 325-0006 Fax: (910) 325-0060 jc*l Trartsn!Ml V To: Ms. Linda Lewis From: David K Newsom, PE N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Rm Morada Bay Section I ❑ urgent Date: September 13, 2004 ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Original and One (1) copy of Stormwater Permit Application & Supplement One (1) copy of Stormwater Treatment Narrative Two (2) sets of plans One (1) check in the amount of $420 Comments: Submitted for review and approval. I+ CEIVE D SEP 18 2004 YO Stormwater Treatment & Erosion Control Narrative Morada Bay Inland Properties Group, LLC proposes to construct an eleven (11) lot residential subdivision on a 9.73 acre tract located near the intersection of NC 24 and J Bell Lane just east of Goose Creek in the White Oak Township, Carteret County. The site is currently undeveloped (wooded and agricultural). The project site is located adjacent to Sikes Branch (SA:HQW) in the White Oak Basin. The proposed development activities are low density (BUA=25%). Proposed impervious areas are as follows: Buildings Streets Parking Sidewalks Other Reserve for Future Total Site Offsite Total 61,827 sf -0- 61,827 sf 43,498 sf -0- 43,498 sf -0- -0- -0- -0- -0- -0- 627 sf -0- 627 sf -0- -0- -0- 105, 952 sf -0- sf 105,952 sf Site topography is gently sloping (0 — 5%) generally toward the easterly boundary of the tract. Soils are loamy sand/sandy loam. 77 4-0 liy 42'306 Cv. Sao Ski V, Copyright (C) I E07, rvlaptech. Inc. C.A..w Laft itA.-K