SW7050803_Final Permit_20051003

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Michael F. Easley, Governor wa:R7i�1\\lJ
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William G. Ross Jr., Secretary
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North Carolina Department of Environment and Natural Resources
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Alan W. Klimek, P.E. Director
Division of Water Quality
October 3, 2005
Mr. James L. Lea III
JLL Business Trust
174 Mariner's Way
Moyock, NC 27958
Subject: Stormwater Permit No. SW7060803
Whispering Pines Subdivision
Low Density Subdivision Permit
Currituck County
Dear Mr. Lea:
The Washington Regional Office received a complete Stormwater Management Permit Application for
Whispering Pines Subdivision on August 2, 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. SW7050803 dated October 3, 2005, 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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 supersede 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 either
Amy Franklin or myself at [phone].
Sincerely,
AoL
Regional Supervisor
Surface Water Protection Section
cc: Currituck County Building Inspections
R9bert Stewart, PE
VVGashington Regional Office
Central Files
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone]
Internet h2o.encstate.nc.us 943 Washington Square Mall, Washington, NC 27889
Customer Service
1-877-623.6748
NorthCan
NaAm,
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State Stormwater Management Systems
Permit Number SW7050803
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
James L. Lea 111
Whispering Pines Subdivision
Currituck County
FOR THE
construction, operation and maintenance of a 30% low density subdivision in compliance with the
provisions of 15A NCAC 21-1.1000 (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
1. Each of the 10 lots is limited to a maximum of 11,385 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 or lot sizes for the project must be maintained at
30% 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 foot 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' from the mean high water mark.
II. SCHEDULE OF COMPLIANCE
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.
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State Stormwater Management Systems
Permit Number SW7050803
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 revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
- — 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 Director may determine that other revisions to the project should require a modification to the
permit.
6. The permittee shall submit all information requested by the Director or his representative within
the time frame specified in the written information request.
7. 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.
8. 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
9. 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 H.11 of this permit.
10. Within 30 days of completion of the project, the permittee must certify in writing that the projects
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.
11. 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 SW7050803, as issued by the Division of
Water Quality under NCAC 2H.1000.
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State Stormwater Management Systems
Permit Number SW7050803
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 drainageasshown 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 11,385 square feet. 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 edgeof 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. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters.
All roof drains shall terminate at least 30' from the mean high water mark.
12. The permittee shall submit a copy of the recorded deed restrictions which indicates the
approved built -upon area per lot within 30 days of the date of recording.
13. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance
with the restrictions, the plans reviewed must include all proposed built -upon area (BUA). Any
approvals given by the ARC do not relieve the lot owner of the responsibility to maintain
compliance with the permitted BUA limit.
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.
15. 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.
Ill. 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.
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State Stormwater Management Systems
Permit Number SW7050803
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
2H.1000; and North Carolina General Statute 143-215.1 et. al.
5r- --The-permit is -not -transferable to any person or entity exceptafter notice to and approval by the
Director The Director may require modification or revocation and reissuance ofthe 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.
6. The permittee is responsible for compliance with all permit conditions until such time as the
Division approves the permit transfer request. Transfers to third parties by the permittee where
the required documentation has not been submitted to the Division does not relieve the permittee
of responsibility for transferring the permit.
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 it's components.
9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 3rtl day of October 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
forAlan W. Klimek, P.E., Direc or '
Division of Water Quality
By Authority of the Environmental Management Commission
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