SW7100308_Final Permit_20100810

NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 10, 2010
Mr. Douglas E. Anderson, Executive Vice President
Burton Farm Development Company, LLC
1021 Noell Lane
Rocky Mount, NC 27804
Dear Mr. Anderson:
Natural Resources
W /CFI )
Dee Freeman
Secretary
Subject: Stormwater Permit No. SW7100308
Arlington Place
Low Density Subdivision Permit
Pamlico County
The Washington Regional Office received a complete Stormwater Management Permit Application for
Arlington Place on July 30, 2010. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211
and Title 15A NCAC 21-1.1000. We are forwarding Permit No. SW7100308, dated August 10, 2010,
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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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 adfudicatory 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.
If you have any questions, or need additional information concerning this matter, please contact either
Scott Vinson or me at [phone].
A
erel
AI Hodge
Regional Supervisor
Surface Water Protection Section
AH/sv: K:\SAV\STORMWATER\PERMIT\SW7100308
cc: Joseph Anlauf, PE, Quible & Associates
Pamlico County Inspections/Planning Department
Drug Huggett, Division of Coasial Management
✓Washington Regional Office
Central Files
North Carolina Division of Water Quality Internet: w .ncwaterquality.org 11c
fV
943 Washington Square Mall Phone: [phone] \ FAX: [phone] ortil Carolina
Washington, NC 27889 FAX: [phone] Natuialb An Equal Opponunily 1 Affumative Aclion Employer

State Stormwater Management Systems
Permit No.SW7100308
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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
Burton Farm Development Company, LLC
Arlington Place
Off Burton Farm Road, Minnesott Beach, Pamlico County
FOR THE
construction, operation and maintenance of a 24% low density subdivision in compliance
with the provisions of Session Law 2008-211 and 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 107 lots is limited to a maximum of (see attached table) square feet of
built -upon area, as indicated in the application and as shown on the approved
plans. CA
MA regulations may reduce the allowable built -upon area for those lots
within the AEC.
2. The overall tract built -upon area percentage for the project must be maintained at
24% per the requirements of Session Law 2008-211 and Section .1005 of the
stormwater rules.
3. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent surface waters.
4. 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.
5. All roof drains must terminate at least 50 foot from the mean high water mark.
6. Level spreaders/preformed scour holes shall be provided at the ends of all swales
that discharge into a regulated buffer priorto any coastal wetlands or. surface water.
Page 2 of 6

Old LC OLUI I IIVVdMI IVIdI IclyCl I ICI It JYOLCI I ID
Permit No.SW7100308
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.
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. Mowin.9, and re -vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Maintenance of level spreaders and infiltration areas in accordance with
approved plans and O&M documents.
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 permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
6. 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.
7. 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.
8. 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 and 11.12 of this permit.
Page 3 of 6

State Stormwater Management Systems
Permit No.SW7100308
9. 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 SW7100308, 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 Qualit .
f. The maximum built -upon area per lot is (see attached table 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. For those lots within CAMA's Area of Environmental Concern, where DCM
calculates a different maximum lot built -upon area, the governing lot BUA
shall be the most restrictive of the two amounts.
i. Each lot will maintain a 50 foot wide vegetated buffer between all impervious
areas and surface waters.
j. All roof drains shall terminate at least 50 foot from the mean high water
mark.
k. If permeable pavement credit is desired, the property owner must submit a
request, with supporting documentation, to the permittee and receive
approval prior to construction of the permeable pavement.
10. The permittee shall submit a copy of the recorded deed restrictions within 30
days of the date of recording.
11. If the permittee sets up an Architectural Review Committee or Board (ARC orARB)
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 or ARB do not
relieve the lot owner of the responsibility to maintain compliance with the permitted
BUA limit.
12. All 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.
13. 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.
Page 4 of 6

JLLILC JLUIIIIWCILUI IVIdlldyy 111M IL JYLLC111J
Permit No.SW7100308
14. If permeable pavement credit is desired, the permittee must submit a request to
modify the permit to incorporate such language as required by the Division of Water
Quality. The request to modify must include a soils report identifying the type of soil,
the Seasonal High Water 'fable elevation and the infiltration rate. Upon the
successful completion of a permit modification, the individual lot owners that request
to utilize permeable pavements must submit the necessary forms and
documentation to the permittee and receive approval prior to construction of the
permeable pavement.
III. GENERAL CONDITIONS
This 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
re -issuance of the permit to change the name and incorporate such other
requirements as maybe necessary. In the event of a name or ownership change, a
completed Name/Ownership Change form, signed by both parties, must be
submitted to the Division of Water Quality accompanied by the supporting
documentation as listed on page 2 of the form. The approval of this request will be
considered on its merits, and may or may not be approved.
2. The permittee is responsible for compliance with all permit conditions until the
Director approves a transfer of ownership. Neither the sale of the project nor the
transfer of common areas to a third party, such as a homeowner's association,
constitutes an approved transfer of the stormwater permit.
3. 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.
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 Session Law 2008-211,
Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and
North Carolina General Statute 143-215.1 et. al.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by the Division, such as the construction of additional or
replacement stormwater management systems.
6. The permittee grants permission to DENR Staff to enter the property during normal
business hours, for the purpose of inspecting all components of the stormwater
management facility.
7. 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 re -issuance, ortermination does
not stay any permit condition.
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. Approved plans and specifications for this project are incorporated by reference and
are enforceable parts of the permit.
Page 5 of 6

State Stormwater Management Systems
Permit No.SW7100308
10. A copy of the approved plans and specifications shall be maintained on file by the
Permittee at all times.
11. 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.
12. The permittee shall notify the Division in writing of any name, ownership or mailing
address changes at least 30 days prior to making such changes.
Permit issued this the 10t" day of August, 2010.
NO THLINA ENVIRONMENTAL MANAGEMENT COMMISSION
- - —`---------------------------------------- for
Coleen H. Sullins Director
Division of Water Quality
By Authority of the Environmental Management Commission
Stormwater Permit No. SW7100308
Page 6 of 6

i„'lP t 4 2010
LOW DENSITY AREA#1
'ALLOWABLE
COVERAGE
LOT #
TOTAL
AREA
UPLAND AREA
1
96,511
2.22
64,014
66.33%
15,363
24.00%
2
92,528
2.12
63,304
68.42%
15,193
24.00%
3
187,180
4.30
122,115
65.24%
29,308 -
24.00%
4
134,048
3.08
12.74
96,605
72.07%
23,185
24.00%
5
283,094
6.50
166,376
58.77%
39,930
24.00%
6
119,2 5
63,824
53.51%
15,318
24.00%
7
109,206
2.51
86,338
79.06%
20,721
24.00%
8
127,573
2.93
72,616
56.92%
17,428
24.00%
9
64,949
1.49
41,947
84.58%
10,067
24.009/.
10
69,124
1.59
43,743
63.289/.
10,498
24.00%
11
70,997
1.63
45,285
63.78%
10,868
24.00%
Total
1,354,495
31.09
866,166
63.95%
207,880
24.00°%
LOW DENSITY AREA#2
5,040
24.00%
55
21,000
0.48
21,000
100.00%
56
21,000
0.48
21,000
100.00%
5,040
24.00%
57
21,000
0.48
21,000
100.00%
5,040
24.00%
58
21,000 -
0.48
21,000
100.00%
5,040
24.00%
59
21,000
0.48
21,000
100.00%
5,040
24.00%
60
21,000
0.48
21,000
100.00%
5,040
24.00%
61
21,000
0.48
21;000
100.00%
5,040
24.00%
62
20,482
0.47
20,482
100.00%
4,916
24.00%
63
22,247
0.51
22,234
99.94%
5,336
24.00%
64
25,417
0.58
21,766
85.63%
5,224
24.00%
65
30,524
0.70
21,616
- 70.81%
5,188
24.00%
66
28,712
0.66
22,374
77.93%
5,370
24.00%
67
24,760
0.57
22,146
89.449%
5,315
5,266
24.00%
68
22,500
0.52
21,943
_
97.52%
24.00%
69
36,862
0.85
33,139
89:90%
7,953
24.00%
70
66,972
1.54
51,449
76.82%
12,348
24.009/.
71
26,474
0.61
23,632
89.26%
5,672
24.00%
72
28,469
- 0.65
22,957
80,64%
5,510
24.00%
.73
20,835
0.48
20,835
100,00%
5,000
24.00%
74
20,835
0.48
20,835
100,00%
5,000
24.00%
75
20,835
0.48,
20,835
100.00%
5,000
24.009/o
-76
-- 2Q083
0.46
20,083
100.00%
4,820
24.00%
77
21.000
0.48
21,000
100.00%
5,040
24.00%
78
21,000
0.48
21,000
100.00%
5,040
24.00%
-- 79
21,000
0.48
21,000
100.00%
5,040
24.00%
80
28,176
0.65
28,176
100.00%
6,762
24.00%
81
21,959
0.50
21,959
100.00%
5,270
24.00%
82
22,559
0.52
22,559
100.00%
5,414
24.00%
83
22,831
0.52
22,831
100.00%
5,480
24.00%
84
23,104
0.53
21,469
92.92%
5,152
24.00%
85
25,833
0.59
Z.197
78.18%
4,847
24.00%
86
37,792
0.87
24,656
65.24%
5,917
24.009%
87
62,361
1.43
51,740
82.97%
12,418
24.009/.
88
66,329
1.52
51,706
77.95%
12,409
24.00%
89
37,881
0.87
29,490
77.85%
7,077
24.00%
90
35,861
0.82
31,040
86.56%
7,450
24.00%
91
37,700
0.87
32,839
87.11%
7,881
24.00%
92
31,962
0.73
27,364
85.61%
6,567
24.00%
Total
1,080,354
24.80
962,350
89.08%
230,964
24.00%

LOW DENSITY AREA#3
LOT #
TOTAL
AREA
UPLAND AREA
ALLOWABLE
COVERAGE
289
19,326
0.44
19,326
100.00%
4,638
24.00%
290
19,267
0.44
19,267
100.00%
4,624
24.00%
291
19,267
0.44
19,267
100.00%
4,624
24.00%
292
19,267
0.44
19,267
100.00%
4,624
24.00%
293
19,267
0.44
19,267
100,00%
4,624
24.00%
294
20,758
0.48
20,758
100.00%
4,982
24.00%
295
22,231
0.51
22,231
100.00%
5,335
24.00%
296
22,231
0.51
22,231
100.00%
5,335
24.00%
297
22,231
0.51
22,231
100.00%
5,335
24.00%
298
22,231
0.51
22,231
100.00%
5,335
24.00%
299
-20,567
0.47
20,567
100.00%
4,936
24.00%
300
19,556
0.45
19,556
100.00%
4,693
24.00%
301
19,692
0.45
19,692
100,00%
4,726
24.00%
302
20,000
0.46
20,000
100.00%
4,800
24,00%
303
20,001
0.46
20,001
100.00%
4,800
24,00%
304
32,945
0.76
32,945
100.00%
7,907
24,00%
305
33,841
0.78
33,841
100.00%
8,122
24,00%
306
23,494
0.54
23,494
100.00%
5,639
24.00%
307
20,225
0.46
20,225
100.00%
4,854
24.00%
308
18,484
0.42
18,484
100.00%
4,436
24.00%
309
18,420
0.42
18,420
100,00%
4,421
24.009/.
310
18,392
0.42
18,392
100.00%
4,414
24.00%
311
18,364
0.42
18,364
100.00%
4,407
24.00%
312
18,811
0.43
18,811
100.00%
4,515
24.00%
313
48,602
1.12
38,551
79.32%
9,252
24.00%
314
21,406
0.49
20,951
97.87%
5,028
24.00%
315
18,0 00
0.41
18,000
100.00%
4,320
24.009/.
316
18,000
0.41
18,000
100,00%
4,320
24.00%
317
19,171
0.44
19,171
100.00%
4,601
24.00%
318
18,000
0.41
18,000
100.00%
4,320
24.00%
319
18,000
0.41
18,000
100.00%
4,320
24.00%
320
18,105
0.42
18,105
100.00%
4,345
24.00%
321
31,195
0.72
21,955
70.38%
5,269
24.00%
322
29,079
0.67
26,383
90.73%
6,332
24.00%
323
18,202
0.42
18,202
100.00%
4,368
24.00%
324
38,282
0.88
33,555
87.65%
8,053
24.00%
325
28,005
0.64
25,648
91.59%
6,156
24.00%
326
28,800
0.66
25,443
88.34%
6,106
24.00%
327
28,800
0.66
27,006
93.77%
6,481.
24.00%
328
27,971
0.64
23,993
85.78%
5,758
24.00%
329
31,869
0.73
27,786
87.19%
6,669
24.00%
330
81,196
1.86
55,045
67.79%
13,211
24.00%
331 -
59,031
-- 1.36
33,975
57.55%
8,154
24,00%
332
42,343
0.97
23,304
55.04%
5,593
24.00%
333
20,171
0.46
18,948
93.94%
4,548
24.00%
334
21,000
0.48
21,000
100.006/.
5,040
- 24.00%
335
21,000
0.48
21,000
100.00%
5,040
24.00%
336
21,393
0.49
21,393
100.00%
5,134
24.00%
337
19,360
0.44
19,360
100.00%
4,646
24.00%
338
24,558
0.56 -
24,558
100.00%
5,894
24.00%
339
31,172
0.72
30,552
98.01%
7,332
24.00%
340
57,606
1.32
42,417
73.63%
10,180
24.00%
341
60,218
1.38
32,727
54.35%
7,854
24.00%
342
65,240
1.50
46,826
71.77%
11,238
24.00%
343
W,512
0.77
27,108
80.890%
6,506
24.00%
344
29,158
0.67
26,663
91.44%
6,399
24.00%
345
23,119
0.53
23,119
100.00%
5,549
24.00%
346
37,222
0.85
25,270
67.89%
6,065
24.00%
Total
1,597,654
36.68
1,400,880
87.68%
336,211
24.00%
Total
4,032,503
92.57
3,229,997
80.08%
775,055
24.00%