SW8971102_Email with 2017 Deficiency Correspondence_20220711

Georgoulias, Bethany
From: Johnson, Kelly
Sent: Monday, July 11, 2022 9:05 AM
To: [e-mail]
Cc: Georgoulias, Bethany; Farkas, Jim J; Clark, Paul; Hall, Christine; Norris, Kellie E; Pusey,
Steven; Zorda, Garrett D
Subject: RE: [External] SW8 971102 (Harkers Village)
Attachments: 2017 05 CEI_deficient 971102_Attachment A.pdf, 2008 12 permit 971102.pdf, 2017 05
CEI_deficient 971102.pdf
Mr. Turner,
I have attached the most recent correspondence for this permit. I do not believe this has been resolved.
If you have further questions, please let me know.
Kelly
0l vusovu
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive
Wilmington, NC 28405-3845
Phone: [phone]
From: Clark, Paul <[e-mail]>
Sent: Friday, July 8, 2022 3:25 PM
To: Hall, Christine <[e-mail]>; Johnson, Kelly <kelly.p.][e-mail]>; Norris, Kellie E
<[e-mail]>; [e-mail]; Pusey, Steven <[e-mail]>; Zorda, Garrett D
<[e-mail]>
Cc: Georgoulias, Bethany<[e-mail]>; Farkas, Jim J <[e-mail]>
Subject: FW: [External] SW8971102
Wilmington Stormwater Staff,
Hi. The above referenced permit is NOT in LF, so it is difficult to get documentation on it. if you can provide any
assistance to Dwight Turner that would be greatly appreciated. Thx.
Paul Clark
Water Supply Watershed Protection Coordinator
Stormwater Program
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
[phone]
[e-mail]

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.
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third parties.
Before printing this email, please consider your budget and the environment.
h ttps://d eq. n c. qo v/sw
From: Dwight Turner <[e-mail]>
Sent: Friday, July 08, 2022 1:12 PM
To: Clark, Paul <[e-mail]>
Subject: RE: [External] SW8971102
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
I believe so?
From: Clark, Paul <[e-mail]>
Sent: Friday, July 8, 2022 12:51 PM
To: Dwight Turner <[e-mail]>
Subject: RE: [External] SW8971102
CAUTION: This email originated from outside of the organization. Do NOT click links or open attachments unless you recognize the
sender and know the content is safe.
Dwight,
HI. I'm sorry, but I could not find SW8971102 in the LF repository. Do I have the correct permit no???? thx
Paul Clark
Water Supply Watershed Protection Coordinator
Stormwater Program
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
[phone]
[e-mail]
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
Before printing this email, please consider your budget and the environment.
h ttps://d eg. n c. go v/sw
From: Dwight Turner <[e-mail]>
Sent: Friday, July 08, 2022 9:47 AM
To: Clark, Paul <[e-mail]>
Subject: [External] SW8971102
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Paul,
I've found this permit, SW8971102 for Harkers Village, but also found a notice of non -compliant inspection?
Do you know where this permit stands? I see on the website it is active, am I to assume this is correct? Has the HOA
taken over this permit?
Thanks for any information you can provide .
Dwight A. Turner
Code Enforcement Officer
Carteret County
Planning and Development
402 Broad Street
Beaufort, NC 28516
Phone: [phone]
Dwight.Turner(&-carteretcountync.gov
www.carteretcountync.gov
Please note that email sent to and from this email address is subject to the North Carolina Public Records Law and may be disclosed to
third parties.
Disclaimer: The content of this message and all attachments are subject to NC Public Record Law. According to the law
all information except the property of a private individual is considered public record and subject to disclosure upon
request to third parties without prior notification. If you are not the intended recipient of this message contact the
sender immediately and delete the message from your files. Thank you for your cooperation.
Disclaimer: The content of this message and all attachments are subject to NC Public Record Law. According to the law
all information except the property of a private individual is considered public record and subject to disclosure upon
request to third parties without prior notification. If you are not the intended recipient of this message contact the
sender immediately and delete the message from your files. Thank you for your cooperation.

May 10, 2017
Mr. Clyde P. Harris, Member
Hubquarter, LLC
3105-d Ward Blvd.
Wilson, NC 27893
Subject: Notice of Non -Compliant Inspection & Project Return
SW8 971102: Harkers Village
Carteret County
Dear Mr. Harris:
Harkers Village is currently covered by State Stormwater Permit SW8 971102 and issued to Hubquarter,
LLC. I understand that Phase III has been subdivided and sold to four entities as shown in Attachment A.
Since the revised configuration of Phase III has changed, please modify SW8 971102 to reflect the
revised configuration and record deed restrictions limiting the impervious area to the permit's
requirements.
SW8 971102 Notice of Inspection: On May 8, 2017, the Wilmington Regional Office of the DEMLR
inspected Harkers Village, located off Island Road in Carteret County to determine the status of
compliance with the State Stormwater Management Permit Number SW8 971102 issued most recently on
December 23, 2008. DEMLR file review and site inspection revealed that the site is not in compliance
with the terms and conditions of this permit. Please find a copy of the completed form entitled
"Compliance Inspection Report" attached to this letter.
1. Inspection Findings:
a. Subdivision: Please modify the permit to reflect the revised configuration.
b. Impervious Area: There are several homes in the subdivision which have exceeded their
impervious allocation. I understand that Mr. Harris' engineer, Ron Cullipher, is
preparing a permit modification to correct the overages by re -allocating available
impervious area to the homes impacted.
i. Historical Data: A summary of the historical data is provided below.
Project Area
Permit Permit
10/13/98 12/23/08
41.6 ac
1,812,096 ft2
Max Impervious Area, 25%
ac
ft2
Impervious Allocated:
396ft2
t7.,ed
Onsite Lots
279ft2
# Lots of 4.500sMot
62lots
k Lots at 3, 735sf/lot 01 need lots
Streets 64,473 75,858 it'
Other 53,000 11,132 ft2
future impervious not claimed 2 53,419 it,
1Need verify that a wetland exclusion calculation was not
used? (10.4 ac on 1998 application)
ii. Clubhouse and Parking: Please show these areas on the plan, and itemize these
areas' impervious area in the impervious area allocation. The 2008 plan shows
the area as "gravel", which was not itemized in the 2008 data shown above.

c. Deed Restrictions: Please update the deed restrictions, and submit a recorded copy. If it
is not possible to deed restrict lots that you have sold (for instance 212 Island Road is
currently under construction), then please account for impervious area at its full built -out
potential.
d. Swale Beside Lot 51: This swale is obstructed by an electrical box and has a pipe.
Please ensure that this Swale can function appropriately, and make any changes to the
permitted plan upon permit modification. The project was previously inspected in
February 2017 following flooding complaints forwarded from the Morehead City DCM.
Please see the enclosed inspection report.
e. Certification: Please be advised that a certification is required per Section II(8) of your
permit.
2. Future Transfer of SW8 971102: Once this permit is in compliance, has sold at least 50% of the
lots to homeowners, and the common areas are deeded to the HOA, please apply to transfer this
permit to the HOA. To establish compliance please make sure that the infrastructure is in place,
the swales are in good shape, the deed restrictions are recorded, the certification in-house, and all
other permit requirements are met before the transfer inspection.
SW8 971102 Project Return:
The Wilmington Regional Office received and accepted a State Stormwater Name Ownership Change
Application for Harkers Village on April 3, 2017 to transfer the permit to the HOA. The items discussed
above must be addressed before the permit can be transferred. A review of the information submitted has
determined that the supporting information is not complete and the permit cannot be issued for the project
as proposed. Per the requirements of Section .1045 of the Stormwater Management Rules, this Office is
hereby returning the subject application as incomplete. The $505.00 application fee has been forfeited and
a new fee will need to be provided if you choose to resubmit this application in the future. If you wish to
pursue construction of this project, you must reapply for a permit to the Division. Your application
package must include a completed and signed application form, supplement form, signed O&M
agreement, application fee, signed, sealed and dated calculations, and 2 sets of signed, sealed and dated
site layout and grading plans with details.
The construction of any impervious surfaces prior to receipt of the stormwater permit, other than a
construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS
143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A.
If you have any questions concerning this matter, please contact Kelly Johnson at [phone] or via
e-mail at [e-mail].
Sincerely,
Tracy Davis, P.E., Director
Division of Energy, Mineral and Land Resources
GDS/kpj: \\\Stormwater\Permits & Projects\1997\971102 LD\2017 05 return_project 971102
enc: Attachment A
Inspection Report, May 8, 2017
Inspection Report, February 3, 2017
cc: Ron Cullipher, PE, Stroud Engineering
Brian Deanhardt, President, BKD, Inc., (owner, 212 Island Rd)
224 Pintail Lane, Harkers Island, NC 28531
Michael & Jo Ann Mangum, Managers, Jamvr, LLC (owners, 218 Island Rd)
222 Pintail Lane, Harkers Island, NC 28531
Kenneth Evanko, Manager, TEACK Properties, LLC (owner, 230 Island Rd)

206 E. Bedford Rd, Wilmington, NC 28411
Thomas Roberts, President, Aqua North Carolina, Inc. (owner, well site)
202 MacKenan Ct, Cary, NC 27511
Inspector, Carteret County Inspections
Division of Coastal Management (if necessary)
Wilmington Regional Office

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SW8 971102 — 5/10/17 Letter - Attachment A — Page 1 of 5
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BUSINESS CORPORATION ANNUAL REPORT
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Neighborhood Codes
OWNER:
BKDINC
PIN15: 73250767982500D
HOUSE NUMBER C7 Digits]: DDGD212
APT #:
STREET NAME:
ISLAND
STREET TYPE:
RD
CITY: HARKERS ISLAND
DEED BOOK:
1538
DEED PAGE:
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TOTAL ACRES:
D.33
CITY LIMIT:
BEDROOMS:
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BATHROOMS:
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NEIGHBORHOOD CODE:
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STRUCTURE VALUE:
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LIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: Jamyr. LLC
SECRETARY OF STATE 10 NUMBER, 09IM5 STATE OF FORTMTION NC �r°i61j
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3. REGISTERED OFFICE STREET ADDRESS& COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
OWNER: ]AMVR LLC
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PIN15: 7325076797350DD
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SECTION a: PRINCIPAL OFFICE INFORMATION
STREET NAME: ISLAN❑
I. DESCRIPTION OF NATURE OF BUSINESS: VazitWn Renals
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2, PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
DEED BOOK: 1538
4. PRINCIPAL OFFICE STREET ADDRESS a COUNTY S. PRINCIPAL OFFICE MAILING ADDRESS
DEED PAGE: 471
222 Pintail Lane 222 Pintail Lane
TOTAL ACRES: 0.29
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BEDROOMS: D
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SECTION C: C. -„ANY OFFlCIAL9 (Enter addisonal Canpany Olfwtials in Section E.)
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NAME: Jo ann W Mangum NAME. Mitchell W Mangum NAME:
NEIGHBORHOOD CODE: 8D012
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STRUCTURE VALUE:
ADDRESS, ADDRESS. ADDRESS-.
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222 Pintail Lane 222 Pintail Lane
OTHER VALUE: 0
Harkers island, NC 28531 Harkens Island, NC 28531
TOTAL VALUE: 57287
SALE PRICE: 250DO
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SECTION D: CERTFKATION OF ANNUAL REPORT Section D must be complelad -n its ontnely by a perwNbusiness entity.
CURRENT DEED DATE: 20160407
Jo ann W Mangum 3t2812017
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PLAT PAGE: 274
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SW8 971102 — 5/10/17 Letter - Attachment A — Page 3 of 5
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LIMITED LIABILITY COMPANY ANNUAL REPORT Layers
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NAME OF tIMIITED LIABILITY COMPANY: TEACK Propedim. LLC Information
SECRETARY OF STATE ID NUMBER: 15U3955 STATE OF FORMATION NC
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45 Wilmington, NC 28405-8703 New Hanover Cou Wilmington. NC 28405-8703 _ APT #;
'F; A, 4. - ; ` ,7 _ C 4i ) STREET NAME; ISLAND
SECTION B' PRINCIPAL OFFICE INFORMATION STREET TYPE: RD
r 58 Mar, T i - _ -a a^ 1. DESCRIPTION OF NATURE OF BUSINESS: Reel Estate Holding CITY: HARKERS ISLAN❑
9884 '-' r t j 2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: POI RedaCoon DEED BOOK: 1544
I ' _ _ 4. PRINCIPAL OFFICE STREET ADDRESS 0. COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS DEED PAGE: 174
5' 3798 - - r TOTAL ACRES: 0.403
30.' �, r �i 206 E_Bedford Rd 206 E Bedford Rd
I n 5795 ELL�SITE Wilmington, NC 28411-9510 Wilmington, NC 28411-9510 CITY LIMIT'
791 - BEDROOMS: 0
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NEIGHBORHOOD CODE: 80012
j fi' Efi13 , NAME: Kenneth E. Evanko NAME. NAME:
Mai STRUCTURE VALUE; 0
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J 75 Y G5 _ LAND VALUE: 6865655b
— ADDRESS ADDRESS ADDRESS OTHER VALUE: iJ
206 E. Bedford Rd.
1YETL NO � 9536 I TOTAL VALUE: 68656
Wilmington, NC 28411 SALE PRICE: 26500
' CURRENT DEED DATE: 20160603
33 I SECTION D: CERTIFN:A710N OF ANNUAL REPORT, Set:ion p rtaral be compelea m its entraly M a personlwsmess entity
G2 4462 I 35 Y5 i PLAT BOOK: 33
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SW8 971102 — 5/10/17 Letter - Attachment A — Page 4 of 5
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� BUSINESS CORPORATION ANNUAL REPORT
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NAME OF BUSINESS CORPORATION- Aqua North Carolina, Inc.
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Information
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Parcels - Updated 05-03-2017
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1. NAME OF REGISTERED AGENT: Corporation Sen," Company
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OWNERS AQUA NORTH CAROLINA INC
327 Hillsborough Street 327 Hillsborough Street
PIN15: 732507677781000
139
9l118
Raleigh. NC 27603-1725 Wake County Raleigh, NC 27603-1725
HOUSE NUMBER {7 Digits): 0000000
-
45 9996
APT 9:
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5ECTION B: PRINCIPAL OFFICE INFORMATION
STREET NAM E:
1, oESCwPTwN of NATURE DF euSINESS: wafer ut,iay -
STREET TYPE:
CITY:
2. PRINCIPAL OFFICE PHONE NUMBER, 610-527.00W 3, PRINCIPAL OFFICE EMAIL: Privacy Redaction
-
DEED BOOK: 1497
4. PRINCIPAL OFFICE STREET ADDRESS E COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
DEED PAGE: 131
202 MacKenan Court 202 MacKenan Court
TOTAL ACRES: 0
Cary, NC 27511-6447 Cary, NC 27511-5"7CITY
LIMif;
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BEDROOMS: 0
SECTION Cr OFFICERS(Fnler acidg-106—S Sod—F i
BATHROOMS: 0
a
NAME: Stan SZCZYgiet NAME_ Diana Moy Kelly NAME: Thomas J. Roberts
NEIGHBORHOOD CODE: 8OD12
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TITLE: SeCR Wy TITLE: Treasurer TITLE. Fresideai
STRUCTURE VALUE: 0
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ADDRESS: ADDRESS, ADDRESS:
LAND VALUE: 2
202 MacKenan Court 202 MacKenen Court 202 MacKenan Court
OTHER VALUE 0
Cary, NC 27511 Cary, NC 27511 Cary, NC 27511
9536
TOTAL VALUE: 2
SALE PRICE: 25000
4 - -
SECTION D: CERTtFICA.TION of ANNUAL REPORT, Secwn D meat Oe txrttplsNa In Its anvEly q a pasorvEusw+ess enury.
CURRENT DEED DATE: 20140821
1 3 I
PLAT BOOK: 29
Stan Sz�ygitN 314R017
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PLAT PAGE, 431
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SW8 971102 — 5/10/17 Letter - Attachment A — Page 5 of 5
(permitted configuration of Phase III)
PHASE III M
INCLUDE WEL
FUTURE OUTP
ZONE AT
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PHASE III
TB14PDRARY SEED
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State Stormwater Management Systems
Permit No.SW8 971102 Mod.
December 23, 2008
Clyde P. Harris, Member
Hubquarter, LLC
3105-d Ward Blvd.
Wilson, NC 27893
Subject: State Stormwater Management Permit No. SW8 971102 Mod.
Harkers Village
Low Density Subdivision Permit
Carteret County
Dear Mr. Harris:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Harkers Village on December 12, 2008. 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
971102 Mod., dated December 23, 2008, for the construction of the subject 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 David Cox or me at [phone].
Sincerely,
Georgette Scott
Stormwater Supervisor
Surface Water Protection Section
GS/dwc: S:\WQS\STORMWATER\PERMIT\971102Mod.dec08
cc: David Gambardella
Carteret County Building Inspections
David Cox
Wilmington Regional Office
Central Files
Page 1 of 5

State Stormwater Management Systems
Permit No.SW8 971102 Mod.
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
Clyde P. Harris & Hubquarter, LLC
Harkers Village
Harkers Island Rd., Harkers Island, 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
Phases 1 & 2 are limited to a maximum of 4,500 square feet of built -upon area, and
Phase 3 is limited to a maximum of 3,735 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 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 feet 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 feet from the mean high water mark.
7. Where the flowrate in a swale exceeds the non -erosive flowrate for the 10 year storm,
level spreaders shall be provided.
8. For projects within '/2 mile of SA waters, direct discharges are not allowed. Discharge
to a vegetated or natural area capable of providing effective infiltration for the 1 year
24 hour storm shall not be considered a direct discharge.
Page 2 of 5

State Stormwater Management Systems
Permit No.SW8 971102 Mod.
11. 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 re -vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Maintenance of level spreaders in accordance with approved plans and O&M.
4. 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.
5. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
6. 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.
7. 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, provided that the permittee complies with the requirements of
Section 11.11 and 11.12 of this permit.
8. 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.
9. If the permittee sets up an Architectural Review Committee or Board or similar
structure, to review plans for compliance with the restrictions, the plans reviewed
must include all proposed built -upon area (BUA). Any approvals given by the
Committee or Board do not relieve the lot owner of the responsibility to maintain
compliance with the permitted BUA limit.
Page 3 of 5

State Stormwater Management Systems
Permit No.SW8 971102 Mod.
10. 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 971102, 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 4,500 square feet for Phase 1 & 2, and
3,735 square feet for Phase 3 . 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. For those lots within the CAMA Area of Environmental Concern, where DCM
calculates a different maximum lot built -upon area, the governing maximum lot
BUA shall be the more restrictive of the two amounts.
i. Each lot will maintain a minimum 30 feet wide vegetated buffer between all
impervious areas and surface waters.
j. All roof drains shall terminate at least 30 foot from the mean high water mark.
11. The permittee shall submit a copy of the recorded deed restrictions within 30 days of
the date of recording.
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 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.
13. All 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 project will be recorded showing all such required easements, in accordance with
the approved plans.
14. Prior to the development of any future area or additional phase noted on the
approved plans that has a BUA allocation, a permit modification must be submitted to
and approved by the Division. The modification must demonstrate that the built -upon
area does not exceed the maximum amount permitted under this permit and that it
meets the intent of low density development per the stormwater rules and available
guidance.
Page 4 of 5

State Stormwater Management Systems
Permit No.SW8 971102 Mod.
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 modified, 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 re -issuance, 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 sale or conveyance of property or common area to
third parties does not constitute transfer of the stormwater permit. 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. A completed
Name/Ownership Change Form, signed by both parties involved, must be submitted
to the Division of Water Quality 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.
6. The permittee is responsible for compliance with all permit conditions until such time
as the Division approves the permit transfer request.
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 its
components.
9. 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.
10. 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.
Permit issued this the 23rd day of December, 2008.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Coleen H. Sullins Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5