SW7010804_Modification_20160928

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
September 28, 2016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
Mr. Daniel F. Scanlon, II, Manager
Currituck County
153 Courthouse Road
Currituck, NC 27929
Subject: Permit No. SW7010804 Mod
Whalehead Club HCP — Restroom Facility Addition
Low Density Stormwater Project
Currituck County
Dear Mr. Scanlon:
The Washington Regional Office received a complete Stormwater Management Permit
Application for modification to stormwater permit SW7010804 on September 1, 2016.
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. SW7010804 dated September 28, 2016, for the construction
of the subject project.
This permit shall replace all existing stormwater permits issued for this project site and
shall be effective from the date of issuance until rescinded. The permit 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 150E 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 me at [phone].
Sincerely,
Ro err Thorpe
Environmental Engineer
cc: Quible & Associates, PC
Currituck County Planning
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
943 Washington Square Mall. I Washington, NC 27889
252-946-6481 T

State Stormwater Management Systems
Permit No. SW7010804
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, and LAND RESOURCES
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
Currituck County
Whalehead Club HCP
FOR THE
construction, operation and maintenance of stormwater management systems in
compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and specifications,
and other supporting data as attached and on file with and approved by the Division of
Energy, Mineral, and Land Resources and considered a part of this permit for grassed
swales and buffers to serve the Whalehead Club HCP located at Corolla, NC. This permit
modification is for adding a restroom facility.
The Permit shall be effective from the date of issuance until rescinded and shall be subject
to the following specific conditions and limitations:
DESIGN STANDARDS
The following criteria are approved as meeting the stormwater rules for this
project:
a. The total area for this project is 34.06 acres.
b. Total impervious area for this project site is 234,439 square feet. The
total number of lots is 1.
C. Allowable built -upon area must be consistent with proposed plans and
restrictions submitted in the application by the permittee.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
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2. The overall tract built -upon area percentage or lot sizes for the project must
be maintained at levels at least as stringent as the low density levels specified
in the stormwater rules.
The development must demonstrate that no areas within the project site are
of such high density that stormwater runoff threatens water quality.
4. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
5. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) or curb outlet systems
as defined in the stormwater rules and approved by the Division.
6. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an
impervious surface such as a road
b. That minimum amount needed under driveways to provide access to
lots.
7. Projects covered by this permit will maintain a minimum 30 foot wide
vegetative buffer between all impervious areas and surface waters.
8. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any
vegetative practices (such as swales) shown on the approved plans as part
of the stormwater management system without submitting a revision to the
permit and receiving approval from the Division.
9. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of Register of Deeds. A copy of the recorded
restrictions must be received by this Office within 30 days of the date of
recording. Recorded deed restrictions must include, as a minimum, the
following statements related to stormwater management:
a. A statement of the allowable built -upon area per lot in the following
form:
"The allowable built -upon area shall not exceed 234,439 square feet
and shall be inclusive of that portion of the right-of-way between the
front lot line and the edge of the pavement, structures, pavement,
walkways of brick, stone, slate, not including wood decking."
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
943 Washington Square Mall. I Washington, NC 27889
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b. Items related to stormwater management must remain in the deed
restriction, and this is to be indicated by including the following:
"The covenants pertaining to stormwater regulations may not be
changed or deleted without concurrence of the State."
C. To assure that vegetated conveyances are not piped (in accordance
with item 5) deed restrictions must indicate that:
"Filling in or piping of any vegetative conveyances (ditches, swales,
etc.) associated with the development except for average driveway
crossings, is strictly prohibited by any persons "
10. The Engineer/Owner/Developer/Permittee must certify in writing that the
project's stormwater controls, and impervious surfaces have been
constructed within substantial intent of the approved plans and specifications.
11. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size
b. Project name change
C. Transfer of ownership
d. Redesign or addition to the approved amount of built -upon area
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions to the project
should require a modification to the permit.
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.
II. SCHEDULE OF COMPLIANCE
The permittee shall comply with the following schedule for construction and
maintenance of the Low Density Option stormwater systems:
a. Swales and other vegetated conveyances shall be constructed in their
entirety, vegetated, and be operational for their intended use prior to the
construction of any built -upon surface except roads.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
943 Washington Square Mall. I Washington, NC 27889
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b. During construction, erosion shall be kept to a minimum and any eroded areas
of the swales or other vegetated conveyances will be repaired immediately.
2. The permittee shall at all times provide the operation and maintenance necessary to
operate the permitted stormwater management systems at optimum 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.
3. The permittee shall submit recorded deed restrictions limiting built -upon area per lot
in accordance with Part I, item 9, within 30 days of the date of recording.
4. The Permittee shall submit the Engineer/Owner/Designer/Permittee Certification in
accordance with Part I, item 12, within 30 days of completion of the project.
5. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may subject
the Permittee to an enforcement action by the Division, in accordance with North
Carolina General Statutes 143-215.6A to 143-215.6C.
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 21-1.1000; and North Carolina General Statute 143-
215.1 et.al.
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
943 Washington Square Mall. I Washington, NC 27889
252-946-6481 T

The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for those
revisions under any of the following conditions:
a. Any additions, deletions or redesign of the previously permitted amount of
built -upon area proposed regardless of the size of the modification.
b. Further subdivision of the project area.
6. The permit is not transferable to any person except after notice to and approval by
the Director. The Director may require modification or revocation and reissuance of
the permit to change the name and incorporate such other requirements as may be
necessary. A formal permit request must be submitted to the Division of Water
Quality accompanied by the appropriate fee, documentation from both parties
involved, and other supporting materials as may be appropriate. The approval of this
request will be considered on its merits; and may or may not be approved.
7. The issuance of this permit does not preclude the Permittee from complying with any
and all statutes, rules, regulations, or ordinances which may be imposed by other
government agencies (local, state and federal) which have jurisdiction.
Permit issued this the 28 th day of September, 2016.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
For Tracy E. Davis, PE, CPM, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7010804
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
943 Washington Square Mall. I Washington, NC 27889
252-946-6481 T