20210318 Ballance Tract Mine SW7210207

STATED
d,
ROY COOPER S"
Governor
MICHAEL S.REGAN
Secretary
mom!
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
March 18, 2021
APVA, LLC
Attn: Justin M. Old, Agent
417 Caratoke Hwy, Unit D
Moyock,NC 27958
Subject: State Stormwater Management Permit No. SW7210207
Ballance Tract Mine
Low Density Project
Currituck ounty
Dear Justin Old:
The Washington Regional Office received a compplete, State Stormwater Management Permit
Application for the subject project on February 19, 2021. Staff review of the plans and
specifications has determined that the pproject, as proposed, complies with the Stormwater
Regulations set forth in 15A NCAC 2H.1000 amended on January 1, 2017 (2017 Rules).
We
are hereby forwarding Permit No. SW7210207 dated March 18, 2021, for the construction of
the built-upon areas (BUA) and vegetated conveyances associated with the subject project.
This permit shall be effective from the date of issuance ntil rescinded and the project shall be
subject to the conditions and limitations as specified therein and does not supersede any other
agency permit that may be required. Failure to comply with these requirements will result in
future compliance problems. Please note that this permit is not transferable except after notice
to and approval by the Division.
This cover letter, attachments, and all documents on file with DEMLR shall be considered
part of this permit and is herein incorporated by reference.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing by filing a written petition with the Office of
Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the
North Carolina General Statutes and must be filed with the OAH within thirty (30) days of
receipt of this permit. You should contact the OAH with all questions regarding the filing fee
(if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh,NC 27699-6714, or via telephone at 919-431-3000, or visit their website at
www.NCOAH.com. Unless such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Carl Dunn in the Washington
Regional Office, at [phone] or [e-mail].
Sincerely,
William Carl Dunn, PE
Division of Energy, Mineral and Land Resources
Enclosures: Attachment A—Designer's Certification Form
Attachment B—Built-Upon Area Allocation
Application Documents
cc: David Klebitz,PE—Bissell Professional Group(davek��aa,,bissell rofessionalgroup.com)
Currituck County Inspections-Bill Newns(BiILNewns(7CurrituckCountyNC.gov)
Washington Regional Office Stormwater File
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
Washington Regional Office i 943 Washington Square Mall I Washington,North Carolina 27889
rnn,cnr~r^in
252.946.6481

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated
and adopted by the North Carolina Environmental Management Commission, including
15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (the "stormwater
rules"),
PERMISSION IS HEREBY GRANTED TO
APVA, LLC
Ballance Tract Mine
Caratoke Hwy, Moyock, Currituck County
FOR THE
construction, management, operation and maintenance of built-upon area (BUA) for a
24% low density project (the "low density area') discharging to Class NSW waters as
outlined in the application, approved stormwater management plans, supplements,
calculations, operation and maintenance agreement, recorded documents, specifications,
and other supporting data (the "approved plans and specifications") as attached and/or
on file with and approved by the Division of Energy, Mineral and Land Resources (the
"Division" or"DEMLR"). The project shall be constructed, operated and maintained in
accordance with these approved plans and specifications. The approved plans and
specifications are incorporated by reference and are enforceable parts of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specified conditions and limitations. The permit issued shall
continue in force and effect until the permittee files a request with the Division for a
permit modification, transfer, or rescission; however, these actions do not stay any
condition. 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 for
cause as allowed by the laws, rules, and regulations contained in 15A NCAC 2H.1000 and
NCGS 143-215.1 et.al.
1. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project
is 317,317 square feet. The BUA requirements and allocations for this project are as
follows:

a. LOW DENSITY AREA BUA LIMITS. The low density area, in the approved plans
and specifications, must not exceed 24% per the requirements of the
stormwater rules. Within this low density area, this permit approves a percent
BUA of 24% and the construction of a total of 317,317 square feet of BUA.
b. CAMA AECs. Where a project or lot is located within CAMA's Area of
Environmental Concern (AEC), the Division of Coastal Management (DCM) may
calculate a different maximum BUA based on CAMA regulations. The more
restrictive BUA limit will apply to the project.
2. LOW DENSITY AREA REQUIREMENTS. The low density area requirements for this
project are as follows:
a. LOW DENSITY AND CONVEYANCE DESIGN. The low density area is permitted
based on the design criteria presented in the sealed, signed and dated
supplement and as shown in the approved plans and specifications. This low
density area and conveyances must be provided and maintained at the design
condition.
b. PIPING. Other than the piping shown on the approved plans, only minimal
amounts of piping under driveways and roads is allowed within the low density
area when it cannot be avoided. No additional piping is allowed.
c. DISPERSED FLOW. The low density area has maximized dispersed flow of
stormwater runoff through vegetated areas and minimized the channelization
of flow.
d. VEGETATED CONVEYANCES. Stormwater runoff that could not be released as
dispersed flow may be transported by vegetated conveyances with minimum
side slopes of 3:1 (H:V) designed to not erode during the peak flow from the 10-
year storm event as defined in the stormwater rules and approved by the
Division.
3. STORMWATER OUTLETS. This project does not propose any discharge points and
therefore will not have the opportunity to cause erosion during the 10-year storm
event.
4. VEGETATED SETBACKS. A 50-foot wide vegetative setback must be provided and
maintained in grass or other vegetation adjacent to all surface waters as shown on
the approved plans. The setback is measured horizontally from the normal pool
elevation of impounded structures, from the top of bank of each side of streams or
rivers, and from the mean high waterline of tidal waters, perpendicular to the
shoreline.
a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated
setback except as shown on the approved plans or in the following instances
where the BUA has been minimized and channelizing runoff from the BUA is
avoided:
i. Water dependent structures; and
ii. Minimal footprint uses such as poles, signs, utility appurtenances, and
security lights that cannot practically be located elsewhere.

5. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the
following documents to be recorded with the Office of the Register of Deeds:
a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system and
maintenance accesses must be located in public rights-of-way, dedicated
common areas that extend to the nearest public right-of-way, and/or
permanent recorded easements that extend to the nearest public right-of-way
for the purpose of inspection, operation, maintenance, and repair.
b. OPERATION AND MAINTENANCE AGREEMENT. The operation and
maintenance agreement must be recorded with the Office of the Register of
Deeds.
c. FINAL PLATS. The final recorded plats must reference the operation and
maintenance agreement and must also show all public rights-of-way, dedicated
common areas, and/or permanent drainage easements, in accordance with the
approved plans.
6. MODIFICATIONS. No person or entity, including the permittee, shall alter any
component shown in the approved plans and specifications. Prior to the
construction of any modification to the approved plans, the permittee shall submit
to the Director, and shall have received approval for modified plans, specifications,
and calculations including, but not limited to,those listed below. For changes to
the pro)ect that impact the certifications, a new or updated certification(s), as
app icable, will be required and a copy must be submitted to the appropriate DEQ
regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size
including the BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of
the project and/or property area as reported in the approved plans and
specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of
any component of the approved stormwater collection system and/or
vegetative conveyance shown on the approved plan'
e. The construction of any allocated future BUA.
f. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not
included in the approved plans and specifications.
g. Other modifications as determined by the Director.
7. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any
eroded areas of the on-site stormwater system will be repaired immediately.

a. PROJECT CONSTRUTION, OPERATION AND MAINTNEANCE. During
construction, all operation and maintenance for the project and stormwater
system shall follow the Erosion Control Plan requirements until the Sediment-
Erosion Control devices are no longer needed.
b. FINAL GRADING. The vegetated areas and vegetated conveyances shall be
entirely constructed and vegetated. Once the final grading is completed and the
site is stabilized, the permittee shall provide and perform the operation and
maintenance as outlined in the applicable section below.
8. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall
determine if the project is in compliance with the approved plans and take the
necessary following actions:
a. If the permittee determines that the project is in compliance with the approved
plans, then within 45 days of completion, the permittee shall submit to the
Division one hard copy and one electronic copy of the following:
i. The completed and signed Designer's Certification provided in
Attachment A noting any deviations from the approved plans and
specifications. Deviations may require approval from the Division;
ii. A copy of the recorded operation and maintenance agreement;
iii. Unless already provided, a copy of the recorded deed restrictions
and protective covenants; and
iv. A copy of the recorded plat delineating the public rights-of-way,
dedicated common areas and/or permanent recorded easements,
when applicable.
b. If the permittee determines that the project is not in compliance with the
approved plans, the permittee shall submit an application to modify the permit
within 30 days of completion of the project or provide a plan of action, with a
timeline, to bring the site into compliance.
9. OPERATION AND MAINTENANCE. The permittee shall provide and perform the
operation and maintenance necessary, as listed in the signed operation and
maintenance agreement to assure that all components of the permitted on-site
stormwater system are maintained at the approved design condition. The
approved operation and maintenance agreement must be followed in its entirety
and maintenance must occur at the scheduled intervals.
a. CORRECTIVE ACTIONS REQUIRED. In the event that the low density area fails
to meet the requirements of low density, the permittee shall take immediate
corrective actions. This includes actions required by the Division and the
stormwater rules such as the construction of additional or replacement on-site
stormwater systems. These additional or replacement measures shall receive a
permit from the Division prior to construction.
b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and
made available upon request to authorized personnel of the Division. The
records will indicate the date, activity, name of person performing the work and
what actions were taken.

10. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit
a completed Permit Information U date A lication Form to the Division within 30
days to making any one or more o the following changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee.
11. TRANSFER. This permit is not transferable to any person or entity except after
notice to and approval by the Director. Neither the sale of the project and/or
property, in whole or in part, nor the conveyance of common area to a third party
constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate
application, documentation and the processing fee as outlined in 15A NCAC
02H.1045(2) and must be submitted upon occurrence of any one or more of the
following events:
i. The sale or conveyance of the project and/or property area in whole or
in part;
ii. Dissolution of the partnership, corporate, or LLC entity, subject to
NCGS 55-14-05 or NCGS 57D-6-07 and 08;
iii. Bankruptcy;
iv. Foreclosure, subject to the requirements of Session Law 2013-121;
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit
conditions have been met and that the project and the on-site stormwater
system complies with the permit conditions. Records of maintenance activities
performed to date may be requested. Projects not in compliance with the
permit will not be transferred until all permit and/or general statute conditions
are met.
12. COMPLIANCE. The permittee is responsible for complying with the terms and
conditions of this permit and the approved plans and specifications until the
Division approves the transfer request.
a. REVIEWING AND MONITORING FOR COMPLIANCE. The permittee is
responsible for verifying that the proposed BUA within each drainage area and
for the entire project does not exceed the maximum amount allowed by this
permit. The permittee shall review and routinely monitor the project to ensure
continued compliance with the conditions of the permit, the approved plans
and specifications.
b. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved
plans, application, supplements, operation and maintenance agreement, all
applicable recorded documents, and specifications shall be maintained on file
by the permittee at all times.
c. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the
permitted project. j

d. ENFORCEMENT. Any individual or entity found to be in noncompliance with
the provisions of a stormwater management permit or the requirements of the
stormwater rules is subject to enforcement procedures as set forth in NCGS 143
Article 21.
e. OBTAINING COMPLIANCE. 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 modified plans and
certification in writing to the Director that the changes have been made.
f. OTHER PERMITS. The issuance of this permit does not preclude the permittee
from obtaining and comply'ng with any and all other permits or approvals that
are required for this development to take place, as required by any statutes,
rules, regulations, or ordinances,which are imposed by any other Local, State or
Federal government agency having jurisdiction.Any activities undertaken at
this site that cause a water quality violation or undertaken prior to receipt of
the necessary permits or approvals to do so are considered violations of NCGS
143-215.1, and subject to enforcement procedures pursuant to NCGS 143-
215.6.
Permit issued this the 18th day of March 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
:Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7210207

Attachment A
Certification Forms
The following blank Designer Certification forms are included and specific for this
project:
• As-Built Permittee Certification
• As-Built Designer's Certification for Low Density Projects
A separate certification is required for each SCM. These blank certification forms maybe
copied and used, as needed,for each SCM and/or as a partial certification to address a
section or phase of the project.

AS-BUILT PERMITTEE CERTIFICATION
I hereby state that 1 am the current permittee for the project named above,and 1 certify by my signature
below,that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4)
and the terms,conditions and provisions listed in the permit documents,plans and specifications on file
with or provided to the Division.
❑Check here if this is a partial certification. Section/phase/SCM #?
❑Check here if this is part of a Fast Track As-built Package Submittal.
Printed Name Signature
1, a Notary Public in the State of
County of do hereby certify that
personally appeared before me this day of 20
and acknowledge the due execution of this as-built certification. (SEAL)
Witness my hand and official seal
My commission expires
Permittee's Certification NCAC .1042 4 Completed/
( � NA Provided /
A. DEED RESTRICTIONS BUA RECORDS
1. The deed restrictions and protective covenants have been Y or N
recorded and contain the necessary language to ensure that the
project is maintained consistent with the stormwater regulations
and with the ermit conditions.
2. A copy o the recorde ee restrictions and protective Y or N
covenants has been rovided to the Division.
3. Records which trac t e BUA on each of are being kept. See Y or N
Note 1
B. MAINTENANCE ACCESS
1. The SCMs are accessible for inspection, maintenance and repair. Y or N
2. The access is a minimum of 10 feet wide. Y or N
3. The access extends to the nearest public right-of-way. Y or N
C. EASEMENTS
1. The SCMs and the components of the runoff collection / y or N
conveyance system
are located in recorded drainage easements.
2. A copy of the recorded plat(s) is provided. Y or N
D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that y or N
have an SCM include the following:
1. The specific location of the SCM on the lot. Y or N
2. A typical detail for the SCM. Y or N
3. A note that the SCM is require to meet stormwater regulations y or N
and that the lot owner is subject to enforcement action as set

forth in NCGS 143 Article 21 if the SCM is removed, relocated or
altered without prior approval.
E. OPERATION AND MAINTENANCE AGREEMENT Y or N
1. The 0&M Agreement is referenced on the final recorded plat. Y or N
2. The 0&M Agreement is recorded with the Register of Deeds and Y or N
a ears in the chain of title.
F. ON AND MAINTENANCE P - maintenance records are
being kept in a known set location for each SCM and are available for Y or N
review.
G. DESIGNER'S CERTIFICATION FORM -has been provided tote Y or N
Division.
Note 1-Acceptable records include ARC approvals,as-built surveys,and county tax records.
Provide an explanation for every requirement that was not met, and for every"N/A"
below.Attach additional sheets as needed.

AS-BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROTECTS
1 hereby state that I am a licensed professional and I certify by my signature and seal below,that I have
observed the construction of the project named above to the best of my abilities with all due care and
diligence,and that the project meets all of the MDC found in 1SA NCAC 02H.1003,in accordance with the
permit documents,plans and specifications on file with or provided to the Division,except as noted on the
"AS-BUILT"drawings,such that the intent of the stormwater rules and the general statutes has been
preserved.
❑ Check here if this is a partial certification. Section or phase
❑ Check here if this is part of a Fast-Track As-Built Package Submittal per 15A NCAC 02H.1044(3).
❑ Check here if the Designer did not observe the construction but is certifying the project.
❑ Check here if pictures of the project are provided.
Printed Name Signature
NC Registration Number Date
SEAL: Consultant's Mailing Address:
City: State:
Zip:
Phone:l-)
Consultant's Email address:
0 Circle N if the as-built value differs from the Plan/permit. If N is circled,provide an explanation on page
3.
OO N/E= Not Evaluated (provide explanation on page 2). ON/A= Not Applicable to this project/plan.
Consultant's Certification(MDC 15A NCAC 02H.1003)
Project Density and Built-Upon Area OAs-built OO N/E OO N/A
1. The project has areas of high density based on natural drainage Y or N
area boundaries,variations in land use or construction phasing.
2. The project's built-upon area does not exceed the maximum limit Y or N
specified in the permit.
Dispersed Flow OO As-built OO N/E OO N/A
1. The project maximizes dispersed flow through vegetated areas Y or N
and minimizes channelized flow.

Vegetated Conveyances OO As-built ©N/E OO N/A
1. Stormwater that is not released as dispersed flow is transported Y or N
by vegetated conveyances.
2. The project has a minimal amount of non-vegetated conveyances Y or N
to reduce erosion.
3. Other than minimal piping under driveways and roads,no piping Y or N
has been added beyond what is shown on the approved plans.
4. Side slopes are no steeper than 3H:1V. Y or N
S. The conveyance does not erode in response to the peak flow from the Y or N
10-year storm.
Curb outlet systems(if applicable) OAs-built ®N/E OO N/A
1. The swale or vegetated area can carry the peak flow from the Y or N
10-year storm at a non-erosive velocity.
2. The longitudinal slope of the Swale or vegetated areas does not excee Y or N
5%.
3. The swale has a trapezoidal cross-section and a minimum bottom wic Y or N
of two feet.
4. The minimum length of the swale or vegetated area is 100 feet. Y or N
S. Side slopes are no steeper than 3H:1V. Y or N
6. The project utilizes treatment swales designed per Section.1061 Y or N
in lieu of the curb outlet system requirements.
Vegetated Setbacks(if applicable) OAs-built OO N/E (I N/A
1. The width of the vegetated setback is at least 50'. Y or N
2. The width of the vegetated setback has been measured from the nor
pool of impounded waters,the MHW line of tidal waters, Y or N
or the top of bank of each side of rivers or streams.
3. The vegetated setback is maintained in grass or other vegetation. Y or N
4. BUA that meets the requirements of NCGS 143-214.7(b2)(2)is locate Y or N
in the setback.
S. BOA that does NOT meet the requirements of NCGS 143-214.7(b2)(2)
located within the setback and is limited to:
• Publicly-funded linear projects (road,greenway,or sidewalk) Y or N
• Water dependent structures
• Minimal footprint uses such as poles,signs,utility
appurtenances,and security lights.

6. The amount of BUA within the setback is minimized,and Y or N
channeling of the runoff from the BUA has been avoided.
7. Stormwater is not discharged (via swale or pipe) through a
vegetated setback.Stormwater is released at the edge of the Y or N
setback and allowed to flow through the setback as dispersed flow.
Outlets (DAs-built OO N/E (I N/A
1. Stormwater outlets do not cause erosion downslope of the Y or N
discharge point during the peak flow from the 10-year storm.
Variations (DAs-built OO N/E OO N/A
1. The project has variations from the MDC that were not previously Y or N
approved. (Modification may be required.)
Deed restrictions(if applicable) (DAs-built OO N/E OO N/A
1. Deed restrictions are recorded and ensure that the project and
the BUA will be maintained in perpetuity consistent with the Y or N
permit,approved plans,and specifications.
For Subdivisions Only(Residential or Commercial) (DAs-built ©N/E OO N/A
1. The number of platted lots is consistent with the approved plans. Y or N
2. The project area is consistent with the approved plans. Y or N
3. The layout of the lots and streets is consistent with the approved Y or N
plan.
4. The width/radius of streets,paved accesses,cul-de-sacs and sidewal Y or N
is consistent with the approved plan.
S. No piping,other than those minimum amounts needed under a Y or N
driveway or under a road,has been added.
6. The lot grading,road grading,vegetated conveyances, piping, Y or N
inverts,and elevations are consistent with the approved plans.
Provide an explanation below for every MDC that was not met,and for every item marked"N/A"or
"N/E."Attach additional pages as needed.