SW7120204_Modification_20120525

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, PE Dee Freeman
Governor Director Secretary
May 25, 2012
Mr. Anthony W. Sydes, Member Manager
NAD Development, LLC
4355 Gum Branch Road, Unit B
Jacksonville, NC 28540
Subject: Stormwater Permit No. SW7120204 Modification
Hardee Farms
High & Low Density Subdivision Project with
3 Wet Ponds & 2 Curb Outlet Swales
Craven County
Dear Mr. Sydes:
The Washington Regional Office received a complete Stormwater Management Permit Application for
the modification of Hardee Farms on May 14, 2012. 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 2H.1000. We are forwarding Permit No. SW7120204
Modification, dated May 25, 2012, for the construction of the project, Hardee Farms.
This permit shall be effective from the date of issuance until February 20, 2020, and shall be subject
to the conditions and limitations as specified therein. Please pay special attention to the Operation
and Maintenance requirements in this'permit. Failure to establish an adequate system for operation
and maintenance of the stormwater management system will result in future compliance problems.
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 Scott
Vinson, or me at [phone].
incerel ,
Al odg�
Regional Supervisor
Surface Water Protection Section
AH/sv: S:\WQS\STORMWATER\SW7120204MOD
cc: John Thomas, PE
Craven County Planning / Inspections
Washington Regional Office
North Carolina Division of Water Quality Internet: www.newaterquality ore
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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State Stormwater Management Systems
Permit No. SW7120204MOD
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION 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
NAD Development, LLC
Hardee Farms
off Old Airport Road, south of New Bern, Craven County
FOR THE
construction, operation and maintenance of a subdivision with an area of high density
development consisting of 103 residential lots (Lot Nos. 1-10 & 16-108) draining to three
wet detention ponds and a 24% low density development consisting of 18 residential
lots (Lot Nos. 11-15 & 109-121) with 2 curb outlet systems, all 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.
This permit shall be effective from the date of issuance until February 20, 2020 and
shall be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in on page 3 of this permit. The subdivision is permitted for
121 total lots, each allowed a maximum of 4,000 square feet of built -upon area
each.
The runoff from all built -upon area within the three high density drainage areas of
this project must be directed into the designated permitted stormwater control
system (ie Wet Detention Basin) as shown on the approved plans and
specifications.
Page 2 of 9

State Stormwater Management Systems
Permit No. SW7120204MOD
4. This project proposes two curb outlet swale systems. Each designated curb
outlet swale shown on the approved plan must be maintained at a minimum of
100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no
steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner,
maintain a dense vegetated cover, and be located in either a dedicated common
area or a recorded drainage easement.
5. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent surface waters.
6. The following design elements have been permitted for the three wet detention
pond stormwater facilities, and must be provided in the systems at all times.
a. Drainage Area, ft2: DA #1 DA #2 DA #3495,175 365,493 515,671
b. Total Impervious Surfaces, ft2: 209,670 167,394 224,635
c. Average Pond Design Depth, feet: 4.28 4.19 4.92
d. TSS removal efficiency: 90% 90% 90%
e. Design Storm: 1.5" 1.51, 1.5"
f. Permanent Pool Elevation, FMSL: 10.00 6.00 6.00
g. Permitted Surface Area @PP ft2: 18,884 14,707 16,872
h. Permitted Storage Volume, ft�: 60,033 59,099 95,933
i. Storage Elevation, FMSL: 12.50 9.00 10.00
j. Predevelopment 1 year 24 hour: 15.04 9.67 13.64
k. Post development 1 year 24 hour: 27.67 18.95 26.20
1. Controlling Orifice: 2.50" O pipe 2.00" O pipe 2.25" O pipe
m. Permanent Pool Volume, ft3: 67,226 50,254 62,953
n. Forebay Volume, ft3: 13,481 10,030 11,501
o. Maximum Fountain Horsepower: 1/4 hp 1/6 hp 1/4 hp
p. Receiving Stream / River Basin: Brice Creek / Neuse
q. Stream Index Number: 27-101-40-(1)
r. Classification of Water Body: "C; Sw, NSW"
II. SCHEDULE OF COMPLIANCE
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(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.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire development does not exceed the maximum allowed by this permit.
Once the lot transfer is complete, the built -upon area may not be revised without
approval from the Division of Water Quality.
3. If an Architectural Review Board or Committee is set up by the permittee to
review plans for compliance with the BUA limit, the plans reviewed must include
all proposed built -upon area. Any approvals given by the Board do not relieve
the homeowner of the responsibility to maintain compliance with the permitted
BUA limit.
4. 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 3 of 9

State Stormwater Management Systems
Permit No. SW7120204MOD
The stormwater management systems shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
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 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, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
7. The permittee shall submit for approval, final site layout and grading plans for
any permitted future development areas shown on the approved plans, prior to
construction.
8. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
9. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
10. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system(s) installed certifying that the
permitted facility has been installed in accordance with this permit and the
approved plans and specifications. The permittee must certify in writing that the
project's stormwater controls and the impervious surfaces have been constructed
within substantial intent of the approved plans, specifications and other
supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification(s).
11. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
12. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections.
b. Sediment removal.
c. Mowing and re -vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
Page 4 of 9

State Stormwater Management Systems
Permit No. SW7120204MOD
13. Records of maintenance activities must be
indicate the date, activity, name of person
were taken.
kept by the permittee. The records will
performing the work and what actions
14. This permit shall become void unless the facilities are constructed in accordance
with the conditions of this permit, the approved plans and specifications, and
other supporting data.
15. 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, at a minimum, the following statements
related to the stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7120204 Modification,
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.
f. The maximum built -upon area per lot is 4,000 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, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. 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 numbers.
h. All runoff on the high density lots must drain into the designated permitted
system. This may be accomplished through providing roof drain gutters,
which drain to the street, grading the lot to drain toward the street, or
grading perimeter swales and directing them into the pond or street. Lots
that will naturally drain into the system are not required to provide these
measures. Excessive piping of roof gutters on the low density lots is not
allowed.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
j. If permeable pavement credit is requested, the property owner must
submit a request, with supporting documentation, to the permittee and
receive approval prior to construction of BUA.
16. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording, and prior to selling lots. The recorded copy must
contain all of the statements above, the signature of the Permittee, the deed
book number and page, and the stamp/signature of the Register of Deeds.
Page 5 of 9

State Stormwater Management Systems
Permit No. SW7120204MOD
17. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
18. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
c. The falling water from the fountain must be centered in the pond, away from
the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in these
ponds are 1/4hp for Pond #1, 1/6hp for Pond #2 and 1/4hp for Pond #3.
19. 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 Table 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.
20. A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a completed Name/Ownership Change form signed by both parties, 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.
The permittee is responsible for compliance with all permit conditions until such
time as the Division approves a request to transfer the permit. Conveyance of
common areas to third parties, such as a homeowner's association, by the
permittee, does not constitute transfer of the stormwater permit and does not
relieve the permittee of responsibility for maintaining compliance with the permit
or for transferring the permit.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. 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) having jurisdiction.
Page 6 of 9

State Stormwater Management Systems
Permit No. SW7120204MOD
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 this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
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 or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control 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.
10. 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 NCAC 21-1.1000, and NCGS 143-215.1 et.al.
11. 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.
12. This permit shall be effective from the date of issuance until February 20, 2020.
Application for permit renewal shall be submitted 180 days prior to the expiration
date of this permit and must be accompanied by the processing fee.
Permit issued this the 25th day of May, 2012.
ENVIRONMENTAL MANAGEMENT COMMISSION
\'-- 1--1'0_I-1U71— for
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7120204 Modification
Page 7 of 9

State Stormwater Management Systems
Permit No. SW7120204MOD
Certification Requirements: Page 2 of 2
Designer's Initials
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Craven County Planning / Building Inspections
Page 9 of 9

State Stormwater Management Systems
Permit No. SW7120204MOD
Hardee Farms Page 1 of 2
Stormwater Permit No. SW7120204MOD
Craven County
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 8 of 9