SW7060605_Final Permit_20060629

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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
June 29, 2006
Mr./Ms. Delma 0. White, Member Manager
H & D Development, LLC
5841 Neuse Road
Grantsboro, NC 28529
Subject: Stormwater Permit No. SW7060605
Forest Run, Phase Five
Low Density Subdivision Permit
Craven County
Dear Mr./Ms. White:
The Washington Regional Office received a complete Stormwater Management Permit
Application for Forest Run, Phase Five on June 28, 2006. 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. SW7060605, dated June 29, 2006, 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This permit shall be effective from the date of issuance until rescinded and shall be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 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 either Scott Vinson or me at [phone].
ction Section
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cc: John G. Thomas, PE
raven County Building Inspections
Washington Regional Office
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North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone]
Internet: www ncwaterqualitv.ore 943 Washington Square Mall, Washington, NC 27889
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1.877-623-6748
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Permit No.SW7060605
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
H & D Development, LLC
Forest Run, Phase Five
Craven County
FOR THE
construction, operation and maintenance of a low density subdivision 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.
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 92 lots is limited to the maximum of 5,000 square feet of built -upon
each as indicated in the application and on 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 50 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 50 feet from the mean high water mark.
Page 2 of 5

II. SCHEDULE OF COMPLIANCE
1. 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.
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
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 11.11 of this permit.
10. Within 30 days of completion of the project, the 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. Any deviation
from the approved plans must be noted on the Certification.
Page 3 of 5

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 SW7060605 as issued by
the Division of Water Quality under NCAC 2H.1000.
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 drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
The maximum built -upon area per lot is 6,000 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 edge of 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.
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 50 feet wide vegetated buffer between all impervious
areas and surface waters.
All roof drains shall terminate at least 50 feet 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.
Page 4 of 5

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.
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.
5. The permit is not transferable to any person or entity 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.
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.
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.
The permittee shall notify the Division of Water Quality of any name,
ownership or mailing address changes within 30 days.
Permit issued this the 29t" day of June, 2006.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
----------------------------�=--------------------------------- for
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5