SW7170915_Modification_20190610

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
Allied Properties, LLC June 10, 2019
Attn: Justin M. Old, Registered Agent
417 Caratoke Hwy Unit D
Moyock, NC 27958
Subject: Stormwater Permit No. SW7170915 Modification
Waterleigh Subdivision
Low Density Subdivision with a Curb Outlet Swale System
Currituck County
Dear Justin M. Old,
The Washington Regional Office received a complete Stormwater Management
Permit Application for the modification of the Waterleigh Subdivision permit number
SW7170915 on April 25, 2019. The modification involves adding 47 lots and the
associated impervious area. 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. SW7170915, dated June 10, 2019,
for the construction, operation and maintenance of the subject project.
This permit shall be effective from the date of issuance until rescinded, shall void
permit SW7170915 issued October 5, 2017 and permit modification SW7170915 issued
on September 12, 2018 and shall be subject to the conditions and limitations as specified
therein, and does not supercede any other agency permit that may be required. Please
pay special attention to the conditions listed in this permit regarding the Operation and
Maintenance of the SCM(s), recordation of deed restrictions, certification of the SCM's,
procedures for changing ownership, and transferring the permit. Failure to establish an
adequate system for operation and maintenance of the stormwater management system,
to record deed restrictions, to certify the SCM's, to transfer the permit, or to renew the
permit, 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 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 further assistance concerning this matter, please
contact me at [phone].
Sincerely,
William Carl Dunn, PE
Environmental Engineer
cc: David A. Deel, PE — Deal Engineering, PLLC (PO Box 3901, Kill Devil Hills, NC 27948)
Currituck County Inspection
Washington Regional Office
�FQ
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
j Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
r"^""""YOi��� 252.946.6481

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY SUBDIVISION DEVELOPMENT
WITH A CURB OUTLET SWALE SYSTEM
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
Allied Properties, LLC
Waterleigh Subdivision
Campus Drive, Moyock, Currituck County
FOR THE
construction, operation and maintenance of a 24% 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 Energy, Mineral, and
Land Resources (Division) 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. The project is permitted for 134 lots, each limited to a maximum of (see
Attachment) square feet of built -upon area, as defined by the stormwater rules,
and as indicated in the approved plans.
2. The overall tract built -upon area percentage for the project must be maintained at
or below 24%, per the requirements of Session Law 2006-246 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. Runoff conveyances other than the curb outlet system swales, such as perimeter
ditches, must be vegetated with side slopes no steeper than 3:1 (H:V).

All roof drains must terminate at least 50 feet from the mean high water mark of
surface waters.
Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
This project proposes a curb outlet system. Each designated curb outlet swale or
1 00'vegetated area 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.
8. Four wet ponds have been proposed to meet the requirements of Currituck
County's Stormwater Management Ordinance and as such are not part of this
permit,
II. SCHEDULE OF COMPLIANCE
Curb outlet swales, 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.
During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
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. Each designated curb outlet swale or 100' vegetated area 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.
8. By issuance of this permit, the Division is granting a minor variance to the no piping
requirements and the curb outlet minimum requirements as set in 15A NCAC
2H.1005(2)(a)(ii), at locations as designated on the approved plans for the
management of the four wet ponds. The additional treatment gained through the
wet ponds provides the means for granting the minor variance.
9. 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.
10. 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, 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 11.12 and 11.13 of this permit.
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 SW7170915, as issued by
the Division of Energy, Mineral, and Land Resources 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 Energy, Mineral, and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Energy, Mineral, and Land
Resources.
f. The maximum built -upon area per lot is (See Attachment) 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, 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 foot wide vegetated buffer between all impervious
areas and surface waters.
i. All roof drains shall terminate at least 50 foot from the mean high water mark.
j. 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.
12. The permittee shall submit a copy of the recorded deed restrictions within 30 days
of the date of recording.
13. If the permittee sets up an Architectural Review Committee or Board (ARC or ARB)
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.
14. 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.
15. 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.
III. GENERAL CONDITIONS
1. 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 may be 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 Energy, Mineral, and Land Resources 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. Conveyance of common areas to third
parties, such as a homeowner's association, by the permittee, where the required
Name/Ownership Change form has not been submitted to and approved by the
Division, does not constitute transfer of the stormwater permit and does not relieve
the permittee of responsibility for maintaining compliance with the permit or
transferring the 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 Energy, Mineral,
and Land Resources, 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 2006-246,
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, or termination
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.
10. 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.
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.
Permit issued this the 10th day of June, 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
Danny Smith, Interim Director
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7170915

WATERLEIGH PHASES 1, 2 4
Residential Subdivision
Attachment A
Allowable Built -Upon Area and
Deed Restriction calculations
Lot No.
Lot Area
(W)
Max. Albwa i e
Runk -Upon area (fta)
.3--A
20,013
6,004
2
20,000
6,p00
3
MOW
6,000
4
20,000
6,pDD
5
20,002
6,001
6
20,003
61001
7
20,0D6
61002
8
201006
61002
9
20,002
61001
10
20,p00
61000
11
20000
6,000
12
20,000
6,000
13
20,014
6,004
14
20,544
6,163
IS
20,409
6,123
16
20,267
5,080
17
20,042
6,013
18
2W%9. _
:, .6,17.1-
19
20,533
6,1S4
20
20,533
6,160
21
20,66S
6,200
25
20,075
6,023
26
20,054
6,016
27
2D,290
6,087
28
20,000
6,DW
29
20,000
6,000
30
20,000
61000
31
20,000
6,000
32
20,061
6,018
33
20,092
6,028
34
20,092
61029
35
20,058
6,017
36
20,000
6,000
37
20,OD0
6,000
38
20,265
61080
50
20,000
6,000
51
20,000
6,000
52
20,000
6,000
53
20,000
6,OOp
73
20,082
6,024
Ma
Low Density
Phase Summary
PHASE
1
Pro)ect Area Data
(ft')
(Be
Total Lot Area:
824,656
18.93
Total R/W Area:
266,990
6.13
Total 0pen Space Area:
731,816
16.80
Total Pro)ed Area:
1,823,462
41,96
Built -Upon Area Data
(ft
fad
Lot Coverage:
247,391
5,69
Streets:
3,33
Parking
Z 122 " "
0.16
Sidewalks:"'"
0.90
Other
0.04
otp urt pon rep:
,1
t - -
Revr ision^ ursuant Phase 1 recorded peat
i Revisions pursuantto finaldesign of Phase

WATERLEIGH PHASES 1, 2 4 Allowable Built -Upon Area and
Residential Subdivision Deed Restriction Calculations
Lot No.
Lot Area
(W)
Max. Allowable
Built -Upon Area.(ft')
39
21,227
6,368
40
2!1,002
6,001
41
20,007
61002
42
20,005
6,D01
43
20,004
6,OD1
44
20,W6
6,002
45
20,002
6,OD1
46
20,008
6,002
47
20,259
6,081
48
20,OD1
6,000
49
20,097
6,026
54
20,000
6,D00
55
10,OW
61000
56
20,OD0
6,ODO
57
20,001
6OW
56
20,002
61001
59
20,008
6,002
60
20,003
61001
61
20.003
6,001
62
20,001
61000
63
20,759
6,228
64
20,752
226
65
20,007
6002
6G
20OW
6,000
67
20,000
6,000
68
20,000
-6,000
69
20,000
6,000
70
20,O00
G WO
71
201000
6,OW
72
22,584
6,775
136
20,453
6,136
137
20,000
61000
138
20 OW
6,000
139
20,O00
6,000
140
20,000
6,W0
141
20,000
6,000
142
20ODD
6,DW
143
20,000
6,000
144
20,202
6,061
145
20,OW
6,000
146
20,O00
6,000
147
20 WO
6,000
148
20,001
6,000
149
20 W2
6 WS
ISO
20021
6,006
CIA
1
Low Density
Phase summary
PAM#2
.
Pro Area Data
(it)
(ac)
Total Lot Area: 906,417
Total R/W Area 1:14498
Total Open Spate Area.
20.81
3.25
15,96
Iota Pr 'act Area:
1,743,080
40.02
Bu6t•Upon Area Data
( )
(ac)
Lot Coverage:
Streets:
Parking:
Sidewalks:
Other:
271,925
; 90`,
0
0
6.24
2.09
0.00
0.76
0.00
I otal isulit-upoo Area:
Revisions pursuant to final design of Phase

WATERLUGH PHASES 1, 2 4 Allowable Built -Upon Area and
Residential Subdivision Deed Restriction Calculations
22
20,408
3,5 Q, yy�gp
6,122 A
23
20,153
6,D46
24
20,088
6,026
75
20OW
61000
76
20000
6000
77
20OD0
60W
78.
20,003
6061
79
20,002
6W1
80
20002
6001
81
20 001
6,000
82
2Q000
61000
83
20,000
6OW
84
20 000
6,000
85
20,045
6,014
86
10,314
6,094
87
20,062
61019
88
20592
6178
89
21104
I 6,331
90
21,14$
1 6,344
91
21,157
6,347
92
20,192
6058
93
291003
61001
94
20,001
61000
95
20,066
6,020
96
20168
6,050
97
20170
6,051
98
20,065
6,020
99
20009
6003
100
20,002 1
6,01)1
101
10,103 1
6,101
102
20,000 1
COW
103
20,006 1
6 002
104
20000
6,000
105
20;001
6,000
106
20,171
6 051
245
20,045
6.014
246
20335
6101
247
20,007
6,D02
248
20,007
6,002
249
20,007
6,002
250
20,007 1
6,002
251
20,007 1
6002
252
20,035
6,011
253
20,009
6 003
254
20,009
6,003
255
20,000
6,W3
256
20,005
6,002
257
20000
6000
a
Low Oenatty
,
s
y
PrajectArea Data
(ft
(ac
Total Lot Area:
966,419
22.19
Total R/W Area:
143,865
3.30
Total Open ce Area:
747,660
17.16
10tal Project Ares:
44
42.65
gul t-Upon Area Data
(ft)
(ac
Lot Coverage:
289,926
6.66
Streets:
102,307
2.33
Parking:
0
0.00
Sidewalks:
35535
0.82
Other:
0
0.00
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