SW7081002_Final Permit_20090206

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
W. Gaither Aydlett & Kathryn L. Aydlett
204 West Ehringhaus Street
Elizabeth City, North Carolina 27909
Division of Water Quality
Coleen H. Sullins
Director
February 6, 2009
Subject: Stormwater Permit No. SW7081002
Love -Reid Farm
Low Density Subdivision Permit
Pasquotank County
Dear W. Gaither Aydlett & Kathryn L. Aydlett:
Dee Freeman
Secretary
The Washington Regional Office received a complete Stormwater Management Permit
Application for Love -Reid Farm Subdivision on December 15, 2008. 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. SW7081002, dated
February 6, 2009, for the construction of the subject project.
This permit shall be effective from the date
the conditions and limitations as specified therein,
that may be required.
of issuance until rescinded and shall be subject to
and does not supercede any other agency permit
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,
6714 Mail Service Center, Raleigh, NC 27699-6714. 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].
Aince ly,
AI od e
Regional Supervisor
Surface Water Protection Section
AH/sv: S:\WPDATA\WQS\SAV\Permits\SW7081002
cc: John Sawyer, Hyman & Robey, PC
Pasquotank County Building Inspections
,,,Washin ton Regional Office
Central Files
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Internet:w .ncwaterquality.org
Phone: [phone] \ FAX: [phone]
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State Stormwater Management Systems
Permit No.SW7081002
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
W. Gaither Aydlett & Kathryn L. Aydlett
Love -Reid Farm
Pasquotank County
FOR THE
construction, operation and maintenance of a 24% impervious 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
Each of the twelve lots is limited to a maximum of 9,371 square feet of built -upon
area, as indicated in the approved plans.
The overall tract built -upon area percentage or lot sizes for the project must be
maintained at 24% 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' 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.
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State Stormwater Management Systems
Permit No.SW7081002
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 necessaryto
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 thatthe proposed built -upon area does not
exceed the allowable built -upon area. Once the lot transfer is complete, the built
of 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.
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:
Page 3 of 5

State Stormwater Management Systems
Permit No.SW7081002
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7081002, 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
withoutthe 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.
f. The maximum built -upon area per lot is 9,371 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.
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 50' wide vegetated buffer between all impervious
areas and surface waters.
i. All roof drains shall terminate at least 50' 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,
16. A copy of the approved plans and specifications shall be maintained on file by the
Permittee at all times.
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State Stormwater Management Systems
Permit No.SW7081002
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 of Water Quality, in
accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
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.
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.
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.
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 I.unsdiction. 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 6th day of February, 2009.
N RTH AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
----®---------------------- for
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5

Low Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 21-1.1000, the Stormwater Management Regulations, deed restrictions
and protective covenants are required for Low Density Residential Subdivisions where lots will be
subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the
development maintains a "built -upon" area consistent with the applicable regulation governing the density
level.
W.Gaither Aydlett &
I, Kathryn L. Aydlett acknowledge and affirm by my signature below, that I will cause the
following deed restrictions and protective covenants to be recorded for Love -Reid Farm
prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit NumberSt j 2 og l o (.))-, as issued by the Division of Water Quality under
NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. 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.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality. Cf 312 /
6. The maximum allowable built -upon area per lot is i4iat= 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.
7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built -upon area for that lot than is shown herein, the
governing maximum built -upon area for that lot shall be the most restrictive of the two.
6. 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.
9. Each lot will maintain a 30 foot wide vegetated buffer between all impervious areas and surface
waters.
10. All roof drains shall terminate at least 30 foot from the mean high water mark of surface waters.
I, C1 \C� r'� �•r� Q S. C' C a Notary Public in the
State County of 2(A Sc tiCt�r,
do hereby certify that VW,G.(a1,d\x..§ �<cd.\, personally appeared
before me this the 1 0*" day of t lov e r hie 20_QL _, and acknowledge
the due execution of the foregoing instrument. Witness my hand and official
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My Commission expires L I R I-5
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FormDRPC-5 Rev.1 Page 1 of 1