SW7020305_Final Permit_20020416

Ala --Re)
T
ERP Michael F. Easley, Governor
SAG William G. Ross, Jr. Secretary
r Gregory J. Thorpe, Ph. D., Acting Director
April 16, 2002
Mr. Skip Dixon
Hatteras Harbor, LLC
Post Office Box 1327
Nags Head, North Carolina 27959
Subject: Stormwater SW7020305
Hatteras Harbor
Dare County
Dear Mr. Dixon:
The Washington Regional Office received the completed Stormwater Application for the subject
project on March 7, 2002. 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. SW7020305 dated April 16, 2002 to Hatteras Harbor,
LLC.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this
permit shall be final and binding.
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

Page 2
Mr. Skip Dixon
April 16, 2002
If you have any questions or need additional information concerning this matter, please contact
Mr. Robert Tankard at [phone], extension 233.
Sincerely,
A -a- _...
,,,,-Jim Mulligan
Regional Water Quality Supervisor
cc: Quible & Associates
Dare County Inspections
Washington Regional Office
Central Files
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

State Stormwater Management Systems Permit No. SW7020305
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
Hatteras Harbor, LLC.
Dare County
FOR THE
construction, operation and maintenance of stormwater management systems in compliance with
the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications, and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit for grass swales to serve the proposed Hatteras Harbor subdivision located off of NC 12
in Hatteras Village, NC.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
The following criteria are approved as meeting the stormwater rules for this project:
a. The total area for this project is 15.2 acres.
b. Total impervious area proposed for this project site is 3.79 acres.
C. Total number of lots is twenty-nine.
d. Allowable built -upon area must be consistent with proposed plans and restrictions
submitted in the application by the permittee.

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.
3. 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.
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.
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. Each of the lots in the subdivision will be limited to the amount of built -upon area
indicated in the approved plans and consistent with item 1 above.
10. The permittee is responsible for verifying that the proposed home plans do not exceed the
allowable built -upon area. Once the lot transfer is complete, the home plan may not be
revised without approval from the permittee, and responsibility for meeting the built -
upon area limit is transferred to the individual homeowner.
11. 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.
12. Deed restrictions are incorporated into this permit by reference and must be recorded
with the Office of Register of Deeds. A copy of the recorded restrictions must be
received by this Office within 30 days of the date of recording. Recorded deed
restrictions must include, as a minimum, the following statements related to stormwater
management:

a. A statement of the allowable built -upon area per lot in the following form:
"The allowable built -upon area per lot shall not exceed (see attachment) square feet,
inclusive of that portion of the right-of-way between the front lot line and the edge of the
pavement, structures, pavement, walkways of brick, stone, slate, not including wood
decking."
b. Items related to stormwater management must remain in the deed restriction, and
this is to be indicated by including the following: "The covenants pertaining to
stormwater regulations may not be changed or deleted without concurrence of the State."
C. To assure that vegetated conveyances are not piped (in accordance with item 5)
deed restrictions must indicate that:
"Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
the development except for average driveway crossings, is strictly prohibited by any
persons."
13. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size
b. Project name change
C. Transfer of ownership
d. Redesign or addition to the approved amount of built -upon area
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions to the project should require
a modification to the permit.
14. The Director may notify the permittee when the permitted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the
notice, the penmittee 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.
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.
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
Pernttee 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.
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 pernut as allowed by the
laws, rules and regulations contained in Title 15A of the North Carolina Administrative
Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al.
5. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for those revisions under any
of the following conditions:
a. Any additions, deletions or redesign of the previously permitted amount of built -
upon area proposed regardless of the size of the modification.
b. Further subdivision of the project area.
0

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.
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 16th day of April, 2002,
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
;^Gregory J. Thorpe, Ph. D., Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7020305
7

Table 1 - Allowable Built Upon Area for the Lots of Hatteras Harbor MIP'� R - 7 22 Mj 2
1- 0
WORW MINE
18,194
3,803
17,079
3,570
C.
16,881
3,528
18,153
3,794
19,678
4,113
19,454
4,066
21,302
4,452
a`qgFir41,952
8,768
27,485
5,744
21,428
4,478
19,146
4,002
as nz 'PIP
18,297
3,824
18,335
3,832
18,376
3,841
ENS MIN
18,417
3,849
18,458
3,858
18,647
3,897
3W RIIJI @b
21,914
4,580
WzNliRAII'9010%
25,056
5,237
9p, " I"#?E
19,775
4,133
S�
20,834
4,354
ZIOII'�,--1119"' 39m,
19,805
4,139
20,108
4,203
K 11
23,447
4,900
A 00,
20,663
4,319
N
20,612
4,30
bry -K� Zm
21,147
0
20,143
4!1210
19,218
4,017
604,004
126,237
L
D VT'i'I6')AAf A, iii DI