SW7050717_Modification_20050908

Michael F. Easley, Gov rnoorRo
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DIVISION OF WATER QUALITY
September 8, 2005
Hattie Creef Landing, LLC
Attn: Mr. Mike Pugh
29 Fairway Drive
Southern Shores, NC 27949
Subject: Stormwater Permit No. SW7050717
Hattie Creef Landing - Modification
Low Density Stormwater Project
Dare County
Dear: Mr. Pugh:
The Washington Regional Office received your Stormwater
Application for the subject project on July 20, 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.
SW7050717 dated September 8, 2005 to Hattie Creef Landing, LLC.
This permit replaces SW7050106, and 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the date of issuance until rescinded and shall be subject to the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.
North Carolina Division of Water Quality Internet h2o.ennstate.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Hattie Creef Landing, LLC
September 8, 2005
Page Two
If you have any questions, or need additional information
concerning this matter, please contact Mr. Bill Moore at (252)948-
3919.
S' ere y,
"Aii+ Hodge, ' n upe visor
Surface Water Protection Section
Washington Regional Office
cc: Quible & Associates
Dare County Planning/Inspections
WaRO Files
Central Files

State Stormwater Management Systems
Permit No. SW7050717
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
Hattie Creef Landing, 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
grassed swales and vegetated buffers to serve Hattie Creef Landing
Subdivision located off NC Highway 12 at Salvo, NC.
The permit replaces SW7050106, and shall be effective from the
date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
1. The following criteria are approved as meeting the
stormwater rules for this project:
a. The total area for this project is 8.72 acres.
b. Total allowable impervious area for this project
site is 94,882 square feet.
C. Total number of lots is 18.
d. Allowable built -upon area must be consistent with
proposed plans and restrictions submitted in the
application by the permittee.
3

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.
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.
S. 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. 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:
4

A statement of the allowable built -upon area per
lot in the following form:
"The allowable built -upon area shall not exceed
the square feet listed in Table 1, 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."
12. 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.
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 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.
5

II: SCHEDULE OF COMPLIANCE
1. 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.
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
1. 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.
6

Hattie Creef Landing
Page 1 of I
HATTIE CREEF LANDING SUBDIVISION
(Clarified July 11, 2005 to incorporate Final Plat/Boundary Survey amendment)
TABLE 1 - Allowable Built -upon Area per Lot
III,. 4�
1
16,913
3,618 .
2
16,747
3,582
3
15,357
3,285
4
15,211
3,254
5
15,065
3,223
6
16,171
3,459
7
22,523
4,820
8
23,578
5,045
9
20,361
4,357
10
21,021
4,498
11
20,548
4,397
12
23,803
5,092
13
15,010
3,211
14
15,010
3,211
15
15,596
3,336
16
15,304
3,274
17
15,205
3,253
18
18,909
4,045
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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.
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.
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 8 th day of September, 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7050717