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SW8190210_Current Permit_20230612
-"-" Ato,,,,,‘,,,,.N ROY COOPER Governor s�cj ELIZABETH S.BCSEt;; DOUGLAS R.ANSEL NORTH CAROLINA /nterfrn argoor Festal Quality June 12,2023 A. Sydes Construction,Inc. Attn:Anthony W.Sydes,President 100 Carolina Plantation Blvd. Jacksonville,NC,28546 Subject: Post-Construction Stormwater Management Permit No.SW8 190210 Swansgate Low Density Subdivision Project with a Curb Outlet Swale System Onslow County Dear Mr. Sydes: The Division of Energy,Mineral and Land Resources received a complete,modified Post-Construction Stormwater Management Permit Application for the subject project on March 17,2023. Staff review of the plans and specifications has determined that the project,as proposed, complies with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 amended on.January 1,2017(2017 Rules). Please refer to Attachment C for a detailed description of the current proposed major modification. We are hereby forwarding the modified, updated,and re-issued Permit No. SW8 190210 dated June 12,2023,for the construction,operation and maintenance of the built-upon areas(BUA)and vegetated conveyances or areas associated with the subject protect.Please replace the previous proposed deed restrictions and protective covenants with the attached modified versions. This permit shall be effective from the date of issuance until rescinded and does not supersede any other agency permit that may be required. The project shall be subject to the conditions and limitations as specified therein. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. If any parts,requirements,or limitations contained in this permit are unacceptable,you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings(OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty(30)days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee(if a filing fee is required)and/or the details of the filing process at 6714 Mail Service Center, Raleigh,NC 27699-6714,or via telephone at 919-431-3000,or visit their website at www.NCOAH.com.Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit,please contact Catherine Hadidon in the Wilmington Regional Office,at(910)796-7215 or Catherine.Hadidon@deq.nc.gov. Sincerely,Calkto _k_ ?? 1 1CS . Douglas R.Ansel,Interim Director Division of Energy,Mineral and Land Resources Enclosures: Attachment A—Designer's Certification Form Attachment B—Built-Upon.Area Allocation Attachment C—Permitting History Application Documents DES/ceh: 111Stormwater\Pennits&Projects120191190210 LD\2023 06 permit 190210 96 North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land.Resources D �� �nowiNameawkommobNimmo Wilmington Regional Office 13Z7 Cardinal Drive Extension I Wilmington,North Catalina 28405 NORTH O Otran. 910.7%.7215 State Stormwater Permit No.SW8 190210 Page 2 of 2 (;-. Jonathan L.McDaniel,FE—Tidewater Associates,Inc Onslow County Building Inspections Onslow County Engineering NCDOT District Engineer Wilmington Regional Office Stormwater File North Carolina Department of Environmental Quality I Division of Energy:Mineral and Land Resources ■ ) Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 Nona r Dwir.thdfm.rutirir 910.7%.7215 Post-Construction Stormwater Management Permit No. SW8 190210 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT LOW DENSITY SUBDIVISION DEVELOPMENT WITH A CURB OUTLET SWALE SYSTEM In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission, including 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (collectively, the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO A Sydes Construction, Inc. Swansgate At Swansboro Loop Road and Main Street Extension, Swansboro, Onslow County FOR THE construction, management, operation and maintenance of built-upon area (BUA) for a low density subdivision arca with a curb outlet swale system (the "low density area(s)") as outlined in the application, approved stormwater management plans, supplements, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or"DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable parts of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, or rescission; however, these actions do not stay any 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 for cause as allowed by the laws, rules, and regulations contained in 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. 1. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 229,474 square feet. The BUA requirements and allocations for this project are as follows: a. LOW DENSITY AREA BUA LIMITS. The low density area must not exceed 24% per the requirements of the stormwater rules. Within this low density area, this permit approves a percent BUA of 24% and the construction of a total of 229,474 square feet of BUA, which includes 604 square feet of future BUA. b. BUA FOR INDIVIDUAL LOTS. Each of the 37 lots are limited to a maximum amount of BUA as indicated in Attachment B of this permit and as indicated in the approved plans and specifications. The maximum BUA assigned to each lot via this permit and the recorded deed restrictions and protective covenants may not be increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division. Page 1 of 6 Post-Construction Stormwater Management Permit No. SW8 190210 2. PERVIOUS AREA IMPROVEMENTS. At this time, none of the pervious area improvements listed in G.S. 143-214.7(b2) or the Stormwater Design Manual have been proposed for this project. Pervious area improvements will be allowed in this project if documentation is provided demonstrating those improvements meet the requirements of the stormwater rule. 3. LOW DENSITY AREA REQUIREMENTS. The low density area requirements for this project are as follows: a. LOW DENSITY AND CONVEYANCE DESIGN. The low density area is permitted based on the design criteria presented in the sealed, signed and dated supplement and as shown in the approved plans and specifications. This low density area and conveyances must be provided and maintained at the design condition. b. PIPING. Other than the piping shown on the approved plans, only minimal amounts of piping under driveways and roads is allowed within the low density area when it cannot be avoided. No additional piping is allowed. c. DISPERSED FLOW. The low density area has maximized dispersed flow of stormwater runoff through vegetated areas and minimized the channelization of flow. d. VEGETATED CONVEYANCES. Stormwater runoff that could not be released as dispersed flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V) designed to not erode during the peak flow from the 10-year storm event as defined in the stormwater rules and approved by the Division. e. CURB OUTLET SYSTEMS. Each designated curb outlet must convey stormwater runoff to a vegetated conveyance or vegetated area as shown on the approved plans and specifications. The conveyance must be maintained with a dense vegetated cover at a minimum of 100' long, side slopes at 3:1 (H:V) or flatter, a minimum bottom width of 2 feet, and a longitudinal slope no steeper than 5% to carry the peak flow from the 10-year storm at a non-erosive velocity. 4. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not cause erosion downslope of the discharge point. 5. VEGETATED SETBACKS. A 50-foot wide vegetative setback must be provided and maintained in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The setback is measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback except as shown on the approved plans or in the following instances where the BUA has been minimized and channelizing runoff from the BUA is avoided: i. Water dependent structures; and ii. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights that cannot practically be located elsewhere. b. RELEASE OF STORMWATER NOT TREATED IN A STORMWATER CONTROL MEASURE (SCM). Stormwater that is not treated in an SCM, such as in this low density project (including roof drains), must be released at the edge of the vegetated setback and allowed to flow through the setback as dispersed flow. 6. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded with the Office of the Register of Deeds prior to the sale of individual lots orgroups of lots: a. EASEMENTS. All stormwater collection systems, vegetated conveyances, and maintenance access located on property owned by other persons or entities must be located in permanent recorded easements or drainage easements as shown on the approved plans. b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. Page 2 of 6 Post-Construction Stormwater Management Permit No. SW8 190210 G. FINAL PLATS. If a final plat is recorded, it must reference the operation and maintenance agreement and must also show all public rights-of-way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. The permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure the permit conditions and the approved plans and specifications are maintained in perpetuity. The following deed restrictions and protective covenants related to stormwater management have been recorded in Book 5922 on Pages 395—397 with the Onslow County Register of Deeds and must be maintained in perpetuity: i. The following covenants are intended to ensure ongoing compliance with Stormwater Management Permit Number SW8 190210, as issued by the Division of Energy, Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000, effective January 1, 2017. ii. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. iii. These covenants are to run with the land and be binding on all persons and parties claiming under them. iv. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. v. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. vi. The maximum built-upon area (BUA) per lot is as shown in Attachment B. This allotted amount includes any BUA 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 not shown on the approved plans. BUA has the same meaning as G.S. 143-214.7, as amended. vii. The maximum allowable BUA shall not be exceeded on any lot until the permit is modified to ensure compliance with the stormwater rules, permit, and the approved plans and specifications. viii. Filling in, piping or altering any vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. ix. Filling in, piping or altering any designated curb outlet swale or vegetated area associated with the development is prohibited by any persons. x. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters in accordance with 15A NCAC 02H.1003(4) and the approved plans. xi. All roof drains shall be released no closer than at the edge of the 50-foot wide vegetated setback and allowed to flow through the setback as dispersed flow. At no time shall stormwater runoff be piped into or through the setback. xii. Each designated curb outlet must convey stormwater runoff to a vegetated conveyance or vegetated area as shown on the approved plans and must be maintained at a minimum of 100' long, 3:1 (H:V) side slopes or flatter, a minimum bottom width of 2 feet; have a longitudinal slope no steeper than 5%, carry the peak flow from the 10-year storm at a non-erosive velocity, and dense vegetated cover. xiii. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. 7. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded areas of the on-site stormwater system will be repaired immediately. a. PROJECT CONSTRUCTION, OPERATION AND MAINTENANCE. During construction, all operation and maintenance for the project and stormwater system shall follow the Erosion Control Plan requirements until the Sediment-Erosion Control devices are no longer needed. b. FINAL GRADING. The curb outlet swales, vegetated areas and vegetated conveyances shall be entirely constructed and vegetated. Once the final grading is completed and the site is stabilized, the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. Page 3 of 6 Post-Construction Stormwater Management Permit No. SW8 190210 8. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications, except for minimum driveway crossings. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved stormwater collection system and/or vegetative conveyance shown on the approved plan, except for minimum driveway crossings. e. The construction of any allocated future BUA. f. Adding the option to use infiltrating permeable pavement or#57 stone within the lots as a pervious surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any infiltrating permeable pavement, #57 stone area, public trails, or landscaping material within the common areas to be considered a pervious surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. 9. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the approved plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded operation and maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights-of-way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 10. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed operation and maintenance agreement, to assure that all components of the permitted on-site stormwater system are maintained at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. In the event that the low density area fails to meet the requirements of low density, the permittee shall take immediate corrective actions. This includes actions required by the Division and the stormwater rules such as the construction of additional or replacement on-site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 11. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. Page 4 of 6 Post-Construction Stormwater Management Permit No. SW8 190210 12. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved; iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; v. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on-site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 13. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this permit and the approved plans and specifications until the Division approves the transfer request. a. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is responsible for verifying that the proposed BUA on each individual lot, within each drainage area and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall review all individual lot plans for new construction and all subsequent modifications and additions for compliance. The plans reviewed must include all proposed BUA, grading, and driveway pipe placement. The permittee shall not approve any lot plans where the maximum allowed BUA limit has been exceeded or where modifications are proposed to the grading and/or to the stormwater collection system and/or to the vegetated conveyance unless and until a permit modification has been approved by the Division. The permittee shall review and routinely monitor the project and each lot to ensure continued compliance with the conditions of the permit, the approved plans and specifications, and the recorded deed restrictions and protective covenants. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit in writing and shall require timely resolution. b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee may establish an ARB or ARC or other group to conduct individual lot reviews on the permittee's behalf. However, any approval given on behalf of the permittee does not relieve the permittee of the responsibility to maintain compliance with the conditions of the permit and the approved plans and specifications. c. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplements, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. d. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated conveyances must be accessible for inspection, operation, maintenance and repair as shown on the approved plans. e. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. Page 5 of 6 Post-Construction Stormwater Management Permit No. SW8 190210 f. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. g. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions. h. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have been made. i. OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit modified, updated, and reissued this the 12th day of June 2023. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION adriY0. 9/6A Douglas R. Ansel, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 190210 Page 6 of 6 Post-Construction Stormwater Management Permit No. SW8 190210 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As-Built Permittee Certification • As-Built Designer's Certification General MDC • As-Built Designer's Certification for Low Density Projects A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. Page 1 of 1 Post-Construction Stormwater Management Permit No. SW8 190210 AS-BUILT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. ❑ Check here if this is a partial certification. Section/phase/SCM#? ❑ Check here if this is part of a Fast Track As-built Package Submittal. Printed Name Signature a Notary Public in the State of County of do hereby certify that personally appeared before me this day of , 20 and acknowledge the due execution of this as-built certification. (SEAL) Witness my hand and official seal My commission expires '' Permittee's Certification NCAC .1042(4) Prov es' i NIA . A. DEED RESTRICTIONS 1 BUA RECORDS 1. The deed restrictions and protective covenants have been recorded Y or N and contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. 2. A copy of the recorded deed restrictions and protective covenants Y or N has been provided to the Division. 3. Records which track the BUA on each lot are being kept. (See Note Y or N 1) .. B. MAINTENANCE ACCESS 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTS 1. The SCMs and the components of the runoff collection /conveyance Y or N system are located in recorded drainage easements. 2. A copy of the recorded plat(s) is provided. Y or N D. SINGLE FAMILY RESIDENTIAL LOTS -PlEts for residential lots that Y Q' N have an EC -1 include the following: _ 1. The specific location of the SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N 3. A note that the SCM is required to meet stormwater regulations and that the lot owner is subject to enforcement action as set forth in Y or N NCGS 143 Article 21 if the SCM is removed, relocated or altered without prior approval. E. OPERATION AND MAINTENANCE AGREEMENT Y or N 1. The O&M Agreement is referenced on the final recorded plat. Y or N 2. The O&M Agreement is recorded with the Register of Deeds and Y or N appears in the chain of title. F. OPERATION AND MAINTENANCE PLAN—maintenance records are being kept in a known set location for each SCMvil and are available for Y or N review. L G. DtIGNER"S CERTIFICATION FORM—has been provided to the Dmvision. { Y or N Page 1 of 6 Post-Construction Stormwater Management Permit No. SW8 190210 Note I.Acceptable records include ARC approvals, as-built surveys, and county tax records. Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. Page 2 of 6 Post-Construction Stormwater Management Permit No. SW8 190210 AS-BUILT DESIGNER'S CERTIFICATION GENERAL MDC I hereby state that I am a licensed professional and I certify by my signature and seal below, that have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS-BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is a part of a Fast-Track As-Built Package Submittal per .1044(3). Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name Signature NC Registration Number Date Consultant's Mailing Address: SEAL: City/State/ZIP Phone Number Consultant's Email address: O Circle N if the as-built value differs from the Plan. If N is circled, provide an explanation on Page 2. OO N/E = not evaluated (provide explanation on page 2) ON/A= not applicable to this SCM or project. Consultant's Certification NCAC .1003((3) &General MDC 1Q50 ®As-but ON/E 1 ON/A A. TREATMENT REQUIREMENTS 1. The SCM achieves runoff treatment. Y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from offsite areas and/or existing BUA is Y or N bypassed. 4. Runoff from offsite areas and/or existing BUA is directed Y or N into the permitted SCM and is accounted for at the full build-out potential. 5. The project controls runoff through an offsite permitted Y or N SCM that meets the requirements of the MDC. 6. The net area of new BUA increase for an existing project Y or N has been accounted for at the appropriate design storm level. 7. The SCM(s) meets all the specific minimum design Y or N criteria. B. VEGETATED SETBACKS I BUA • 1. The width of the vegetated setback has been measured Y or N from the normal pool of impounded waters, the MHW line of tidal waters, or the top of bank of each side of rivers or streams. 2. The vegetated setback is maintained in grass or other Y or N vegetation. 3. BUA that meets the requirements of NCGS 143-214.7 Y or N (b2)(2) is located in the setback. 4. BUA that does not meet the requirements of NCGS 143- Y or N 214.7 (b2)(2) is located within the setback and is limited to: Page 3 of 6 Post-Construction Stormwater Management Permit No. SW8 190210 a. Publicly funded linear projects (road, greenway sidewalk) b. Water-dependent structures c. Minimal footprint uses (utility poles, signs, security lighting and appurtenances) 5. Stormwater that is not treated in an SCM is released at Y or N the edge of the setback and allowed to flow through the setback as dispersed flow. _ _L i @+ As--built OWE ()N/A C. STORMWATET OUTLETS—the outlet hen ee tne peak few from the 10 year storm with no downslope Y or N D. VARIATIONS 1. A variation (alternative) from the stormwater rule Y or N provisions has been implemented. 2. The variation provides equal or better stormwater control Y or N and equal or better protection of surface waters. `E. COMPLIANCE WITH OTT REGULATORY PROGRAMS Y or N has teen met. F. SIZING -the voluus o# e SCM takes the runoff from all - surfaces into accourl and is sufficient to handle the required Y or N storm depth. G. CONTAMINATED SOILS— infiltrating SCM's are not Y or N located in or on areas with contaminated soils. H. SIDE SLOPES 1. Vegetated side slopes are no steeper than 3H:1 V. Y or N 2. Side slopes include retaining walls, gabion walls, or Y or N other surfaces that are steeper than 3H:1 V. 3. Vegetated side slopes are steeper than 3H:1 V(provide Y or N supportin documents for soils and vegetation). IO 1. EROSN PROTECTION 1. The inlets do not cause erosion in the SCM. Y or N 2. The outlet does not cause erosion downslope of the Y or N discharge point during the peak flow from the 10 year storm. J. EXCESS FLOWS—An overflow/ bypass has been provided. Y or N IC I WATERING -A method to diawdown stancErg water has Y or N been provided to facilitate maintenance and inspection. L CLEANOUT AFTER CONSTRUCTION—the SCM has been Y or N cleaned out and converted to its approved design state. M. MAINTENANCE ACCESS 1. The SCM is accessible for maintenance and repair. Y or N 2. The access does not include lateral or incline slopes Y or N >3:1. N. DESIGNER OUALIFICAWTRACK PERMIT)— The designer is licensed under Charters SPA, 89C, 89E, or Y or f! 39F of the Genera! Statutes. Provide an explanation for every MDC that was not met, and for every item marked "N/A" or"N/E", below. Attach additional pages as needed: Page 4 of 6 Post-Construction Stormwater Management Permit No. SW8 190210 AS-BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROJECTS i hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in 15A NCAC 02H.1003, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the"AS-BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. ❑ Check here if this is a partial certification. Section or phase ❑ Check here if this is part of a Fast-Track As-Built Package Submittal per 15A NCAC 02H .1044(3). ❑ Check here if the Designer did not observe the construction but is certifying the project. ❑ Check here if pictures of the project are provided. Printed Name Signature NC Registration Number Date Consultant's Mailing Address: SEAL: City: State: Zip: Phone:( ) Consultant's Email address: iD Circle N if the as-built value differs from the Plan/permit. If N is circled, provide an explanation on page 3. © N/E = Not Evaluated (provide explanation on page 2). ©N/A= Not Applicable to this project/plan. Consultant's Certification (MDC 15A NCAC 02H .1003) 1 Project Density and Built-Upon Area ©As-built ©N/E (3 /A 1. The project has areas of high density based on natural drainage Y or N area boundaries, variations in land use or construction phasing. 2. The project's built-upon area does not exceed the maximum limit Y or N specified in the permit. Dispersed Flow ®As-built )N/E ON/A 1. The project maximizes dispersed flow through vegetated areas Y or N and minimizes channelized flow. Vegetated Conveyances G)As-built° ®N/E ®N/A 1. Stormwater that is not released as dispersed flow is transported Y or N by vegetated conveyances. 2. The project has a minimal amount of non-vegetated conveyances Y or N to reduce erosion. 3. Other than minimal piping under driveways and roads, no piping Y or N has been added beyond what is shown on the approved plans. 4. Side slopes are no steeper than 3H:1V. Y or N 5. The conveyance does not erode in response to the peak flow from Y or N the 10-y ear storm. Curb outlet systems(Ilf applicable) ®As-built ©N/E ®N/A 1. The swale or vegetated area can carry the peak flow from the Y or N 10-year storm at a non-erosive velocity. 2. The longitudinal slope of the swale or vegetated areas does not Y or N exceed 5%. 3. The swale has a trapezoidal cross-section and a minimum bottom Y or N width of two feet. 4. The minimum length of the swale or vegetated area is 100 feet. Y or N 5. Side slopes are no steeper than 3H:1 V. Y or N Page 5 of 6 Post-Construction Stormwater Management Permit No. SW8 190210 6, The project utilizes treatment swales designed per Section .1061 Y or N in lieu of the curb outlet system requirements. Vegebded Setbacks (if a bM) {)As-bu 1t OWE ()N/A 1. The width of the vegetated setback is at least 50'. Y or N 2. The width of the vegetated setback has been measured from the normal pool of impounded waters, the MHW line of tidal waters, Y or N or the top of bank of each side of rivers or streams. 3. The vegetated setback is maintained in grass or other vegetation. Y or N 4. BUA that meets the requirements of NCGS 143-214.7(b2)(2) is Y or N located in the setback. 5. BUA that does NOT meet the requirements of NCGS 143- 214.7(b2)(2) is located within the setback and is limited to: • Publicly-funded linear projects (road, greenway, or sidewalk) Y or N • Water dependent structures • Minimal footprint uses such as poles, signs, utility appurtenances, and security lights. 6. The amount of BUA within the setback is minimized, and Y or N channeling of the runoff from the BUA has been avoided. 7. Stormwater is not discharged (via swale or pipe)through a vegetated setback. Stormwater is released at the edge of the Y or N setback and allowed to flow through the setback as dispersed flow. Outlets ®As-built ®WE ®N/A 1. Stormwater outlets do not cause erosion downslope of the Y or N discharge point during the peak flow from the 10-year storm. Variations (Ms-built ()N/E ®N/A 1. The project has variations from the MDC that were not previously Y or N approved. (Modification may be required.) Deed restrictions(if applicable) Q)As-built MN/E ON/A 1. Deed restrictions are recorded and ensure that the project and the BUA will be maintained in perpetuity consistent with the Y or N permit, approved plans, and specifications. For Subdivisions Only(Residential or Commercial) (DAs-bunt I OWE ®N/A 1. The number of platted lots is consistent with the approved plans. Y or N 2. The project area is consistent with the approved plans. Y or N 3. The layout of the lots and streets is consistent with the approved Y or N plan. 4. The width/radius of streets, paved accesses, cul-de-sacs and Y or N sidewalks is consistent with the approved plan. 5. No piping, other than those minimum amounts needed under a Y or N driveway or under a road, has been added. 6. The lot grading, road grading, vegetated conveyances, piping, Y or N inverts, and elevations are consistent with the approved plans. Provide an explanation below for every MDC that was not met, and for every item marked "N/A"or "N/E."Attach additional pages as needed. Page 6 of 6 Attachment C-Permitting History swansgate Permit No.SW8 190210 Approval BIMS Date Permit Action Description of the Changes Modified Plan Sheets Version Low Density Subdivision Project with a Curb Outlet Swale System-construction, operation and maintenance of a 24%low density subdivision project with a curb outlet swale system in compliance with the provisions of Title 15A NCAC 2H.1000 effective January 1,2017.The overall percent of built upon area(BUA)permitted Original for the project must not exceed 24%per the requirements of the stormwater rules. 5/29/2019 Approval 1'0 This permit covers the construction of a total of 229,474 square feet of BUA,which 2-3,7(of 10) includes 228,870 square feet of proposed BUA and 604 square feet of future BUA allocation.Each of the 37 lots are limited to a maximum amount of built-upon area as indicated in Attachment B of this permit and as indicated in the approved plans and specifications. Minor 6/12/2023 Modification 1.1 Reallocation of BUA,no changes to total or lot lines. nla Pending Transfer Page 1 of 1 Operation & Maintenance Agreement Project Name: Swansgate Project Location: Main Street Extension, Swansboro Cover Pogo Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include(check all that apply&corresponding O&M tables will be added automatically): Bioretention Cell Quantity: Location(s): Dry Detention Basin Quantity: Location(s): Grassed Swale Quantity: 5 Location(s): Green Roof Quantity: Location(s): Infiltration Basin Quantity: Location(s): Infiltration Trench Quantity: Location(s): Level SpreaderNFS Quantity: Location(s): Permeable Pavement Quantity:_ Location(s): Proprietary System Quantity: Location(s): Rainwater Harvesting Quantity: Location(s): Sand Filter Quantity: Location(s): Stormwater Wetland Quantity: Location(s): Wet Detention Basin Quantity: 0 Location(s): Disconnected Impervious Area Present: No Location(s): User Defined BMP Present: No Location(s): I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. *Responsible Party: Anthony W. Sydes Title&Organization: President,A. Sydes Construction, Inc. Street address: 100 Carolina Plantation Blvd. City, state, zip: Jacksonville NC 28546 Phone number(s): 910-455-6956 Email: leahquinn@sydescommunities.com 4 Signature: i' L' Date: �- r8 I9 I, D-c.1�r 1 ct.h . "1� , a Notary Public for the State of . C , County of D( sl b t3 , do hearby certify that - n -jor , aro..f S personally appeared before me this \ day of 0 011 and acknowledge the due execution of t Operations and Maintenance Agreement. Witness my hand and official seal, l.5.1 CI1jYy'N . `� Oca-/' 4e�:� E V : C-', 11 ' =4.0 �pR ' _ F 282 'i ' ' o ?o r 2/13/2019 Version 1.4 O&M Manual Page 1 of 3 Seal , My commission expires —ici cR i • FE•ir-3 2 8 - • BY: STORM-EZ 2/13/2019 Version 1.4 O&M Manual Page 2 of 3 Grassed Swale Maintenance Re►uirernents Important maintenance procedures: _ The drainage area of the grassed swale will be carefully managed to reduce the sediment load to the grassed swale. After the first-time fertilization to establish the grass in the swale, fertilizer will not be applied to the grassed swale. The grassed swale will be inspected once a quarter. Records of operation and maintenance will be kept in a known set location l and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How to remediate the problem: The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The entire length of the Trash/debris is present. Remove the trash/debris. swale Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then re-sod (or erosive gullies have formed. plant with other appropriate species)and water until established. Provide lime and a one-time fertilizer application. Sediment covers the grass at Remove sediment and dispose in an area that will not impact streams the bottom of the swale. or BMPs. Re-sod if necessary. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. Ffl ? STORM-EZ 2/13/2019 Version 1.4 O&M Manual Page 3 of 3 DEMLR USE ONLY Date Received Fee Paid Permit Number 0t . s&R igoa(t) STORMWATER PERMITTING FORM 7: MINOR MODIFICATION Standard Permitting Program—No Fee for Minor Modification Express Permitting Program—See Express Fee Schedule Only complete applications packages will be accepted and reviewed. This form and the required items(with original signatures)must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at:http://deq.nc.gov/contact/regional-offices. This form is to only to be used by the current permittee to notify the Division of a minor modification. Pursuant to Rule 15A NCAC 02H.1002, a minor modification is a change to the project that: 1)does not increase the net built-upon area;and/or 2) does not change the size or design of the SCM(s). A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW8 190210 2. Current Permit Holder's Company Name/Organization: Swansgate 3. Signing Official's Name: Anthony W. Sydes 4. Signing Official's Title: President 5. Mailing Address: 100 Carolina Plantation Blvd. City: Jacksonville State: NC ZIP: 28546 6. Street Address(if different): : Same City: State: ZIP: 7. Phone: (910)455-6956 Email: leahquinn@sydescommunities.com 8. Describe the minor modifications that you are requesting, including any revised BUA allocations(attach additional pages or supporting tables similar to Section IV 10 of the original application, if needed): Revised BUA allocations for Swansgate subdivision. Documentation is attached below in Application. B. SUBMITTAL REQUIREMENTS Please mark"Y"to confirm the items are included with this form. Please mark`X"if previously provided. If not applicable or not available,please mark N/A.: Y 1. Two hard copies(with original signatures)and one electronic copy of this completed form. N/A 2. Two hard copies and one electronic copy of the revised plan sheets(must be a revision of the originally approved plan sheets). Y 3. if there is reallocation of lot BUA, a copy of the revised recorded deed restrictions and protective covenants OR the proposed recorded deed restrictions and protective covenants documenting the changes and a signed agreement to provide the final recorded document. N/A 4. If applicable,the appropriate Express review fee. fl E C i V MAR 17 2023 Stormwater Permit Form 7: Minor Modification 1 BY: my 14,2017 C. CONTACT INFORMATION 1. The Design Professional who is authorized to provide information on the Applicant's behalf: Design Professional's Name: Jonathan L McDaniel Consulting Firm:Tidewater Associates, Inc Mailing Address:604E Cedar Point City: Cedar Point State:NC Zip:28584 Phone: (252) 393-6101 Fax: ( ) Email: :Imcdaniel(a)tidewaterenc.com 2. [OPTIONAL] If you would like to designate another person to answer questions about the project: Name&Title:Annalei Beaudet Organization:Tidewater Associates, Inc Mailing Address:604E Cedar Point City:Cedar Point State:NC Zip:28584 Phone: (252) 393-6101 Fax: ( ) Email: :annaleibeaudetccit)gmail.com D. CERTIFICATION OF PERMITTEE I, Anthony W. Sydes ,the current permittee, certify that I have authorized the minor modifications liste• in Section A and shown in the attached revised plan sheets. I further attest that this information is accurate and .- ,lete to the/be)st o my knowledge Signature: D. 4 _ Date: I, Lea 1(6Q /M Y( ,a Notary Public for the tat f / Y t� County of 0, fOR) ,do he eby certify that Q`J V (i(/ a s personally appeared before me this the day of �// / , 20, nd acknowledge the due execution of the forgoing instrument.Witness my hand and official seal, Is i i (No ar eal) 1 4 {q17 ,�zu /4, At--) My commission expires / /�� flECE1VEn MAR 17 2023 BY Stormwater Permit Form 7: Minor Modification Page 2 of 2 Oct 6,2017 SUPPLEMENT-EZ COVER PAGE F LOAD SUPPLEMENT FORMS I PROJECT INFORMATION R' 1 Project Name Swans ate 2 Project Area(ac) 21 95 3 Coastal Wetland Area(ac) 0 —4 Surface Water Area(ac) _.__. -__._._.___. 0 ____._a___.-- - 5 Is this project High or Low Density? _Low 6 Does this project use an off-site SCM? No COMPLIANCE WITH 02H.1003(4) 7 Width of vegetated setbacks provided(feet) NA_ 8 Will the vegetated setback remain vegetated? 9 Is BUA other that as listed in.1003(4)(c-d)out of the setback? 10 Is streambank stabilization proposed on this project? I _—_ — NUMBER AND TYPE OF SCMs: 11 Infiltration System 0 12 Bioretention Cell 0 13 Wet Pond 0 —_— 14 Stormwater Wetland .-- 0 15 Permeable Pavement 0 1.4 ..._- 16 Sand Filter 0 17 Rainwater Harvesting(RWH) -----•-------..__ U 18 Green Roof 0 19 Level Spreader-Filter Strip(LS-FS) 0 20 Disconnected Impervious Surface(DIS) 0 21 Treatment Swale 22 Dry Pond 0 23 StormFilter 0 24 Silva Cell 0 25 Bayfilter —. 0 26 Filterra 0 LOAD SUPPLEMENT FORMS DESIGNER CERTIFICATION 27 Name and Title: Jonathan L McDanieh PE,vice President 28 Organization: Bell and Phillips__..._-••_-_---•-_.-•- 29 Street address: 604E Cedar Point Blvd. !r 30 City,State,Zip: --___... ._._...._Cedar Point NC28584.._-.___...__._.. 131 Phone number(s): 252-393-6101 132 Email: jmcdaniel t I j @parker acksonville.com Certification Statement I certify,under penalty of law that this Supplement-EZ form and all supporting information were prepared under my direction or supervision;that the information provided in the form is,to the best of my knowledge and belief.true,accurate,and complete:and that the engineering plans,specifications:operation and maintenance agreements and other supporting information are consistent with the information provided here. Designer Pr: g I 0011111111/g% FED 2 8 260 ,,, n‘-.... ....../A ,.._ 1:9, - 2 I"0-----I , • :'Qeft � (:� Sigma ure of Designer BY: -- I SEAL •: - 1 37928 • ig--'0% 2/2 01 1 -4,4,1' 'a i�.0% Date — —;.tra L ... au., . I m � C/) f $ � I I {�dpoi y er- N o 4I ooa) � � � >- rM1M N Z N >-Z 1 i - e LI.±± P I I o a) F. t• 5 Cs." c-• a) 2 oE 3 04 c a) = o �• o o td E o °_ a 5o s i -° N O U. ,. (4 fV o a) a) a) 5 Cs-CO ` a CIY fv ~ 1:2cB c \ a) a c W a o c _ r-. a. -.E. . -a C Cl) (n �. 0 CO > - To C O 2 c "-' ^ n a) a N C _c •E 7 W C9 _N v j N a o N Ih! IHI co 1JH ! a) c o E c 0 3 a) c Q) ° a°) c S °o a) a ° c o o J Lo a) E -° ca o o - 0 o CD a) a) a 'o GC. w c - oa �' o o '° "� Q 0 r_T+ a) a)cti ..c a ccu �. C) OT Z GE E if i.` V? C E C U O O N +�+ o ii CnZ 8 'R > � 5) 0on = < a FEB2 C' ! „ ° 0 , U co O ° N N aa)) O �'� (0 i. ., -50 E t.: o s E a c 1.1 a ° Q4 E ° o cx c m Eu k a W m n a) x m Qaa) > co Z ®NO2i.) M < N 2 < a ® •N ,- N M s+ to N. MI I 0 �I ClI CO 0 Lt) -� L. .=_I I I I I �I 1 �I �I �I T-1� 1 I 1 117.77777 1 j — a = � .� I i 7 i y � i h.: ......: ....:: - , I-- r 1 • , 1 8. 001010f { 0 . .. . NIA kr:i4l!N __..,_ _.. 1. _ 14r _ _- _. ___—._�—._____ ...... . O� � c,{1 � M M� v 0 a °A 731 7 cl -- %n Ws itn to o O 0 op Q ( .� ti 5/ r•�!O v\• C 2013 - II a o t o Q v M Ja ,tha [ ...Am m -9=� dolF3.- O-- • o'40 •aao I 42 C i5 CS O c C'1 M en k — ci rc el t a) _ 03 ,w ^" C'! t0 r, w `a Q r N M et 4? tD ti Af e> r. N '4, �^ M rot— C: II -,I... NtYNNNNNNNNM `ate SL to mwatterMariagemenntt '1 • • ' Permit No. SW8 190210 CL � AS-BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROJECTS I hereby state that I am a licensed professional and I certify by my signature and seal below that I have observed the construction of the low density project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in NCAC 02H.1003 and is consistent with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS-BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. (J Check here if this is a partial certification. Section or phase? Check here if this is part of a Fast-Track As-Built Package Submittal per .1044(3). Check here if the Designer did not observe the construction but is certifying the project. Check here if pictures of the project are provided. I�/J� Printed Name So i'4&V\ L . M,1A:we] Signature 9704( 1 " NC Registration Number 9E 37 ag Date 9/21a/22 �001111.1%,, Consultant's Mailing Address: SEAL: ��0..� CAq j�►•,, ,,.••` of ,y9-, Caoq-E Cedar Po;�f ,S1/14(, . ( ( :9 AL 1 _ 928 OzT gNL. t`fto,. City/State/ZIP War Po N C Ag5a q IL„"'°••- Phone Number 252 — 3q3-to I 0 I SUN 13 L ay, if Consultant's Email Address: SMebounit I @ rol¢.wotiter Five. CoM O Circle N if the as-built value differs from the Plan/Permit. If N is circled, provide an explanation on page 2. OO N/E = not evaluated (provide explanation on page 2) 3N/A = not applicable to this project/ plan. Consultant's.Certification'(MDC .`1003) • • .OAs-built ON/E { ©N/A .A..Project De.nsityand:-Built-Upon Area i. 1. The project has areas of high density based on natural drainage area boundaries, variations in land use or Y or N I construction phasing. 2. The project's built-upon area does not exceed the 6>rNmaximum limit specified in the permit. . B. Dispersed flow-the project.maxi rrai:zes•.dispersed flow • .or N . through vegetated-areas and:minimizes:.channelized flow.. .. `/ C. Vegetated.Conveyances. • • :. • • . . •. I • 1. Stormwater that is not released as dispersed flow is transported by vegetated conveyances. i or N 2. The project has a minimal amount of non-vegetated . . 0 or N conveyances to reduce erosion. 3. Other than minimal piping under driveways and roads, no piping has been added beyond what is shown on the ; OY or N approved plans. EC . IVE 0 4. Side slopes are no steeper than 3H:1V. I Y or N I 7 2023 Page 6 of 8 IIY• • "tate Stormwater Management . Permit No. SW8 190210 5. The conveyance does not erode in response to the peak ' or N I flow from the 10 year storm. `/ .D. Curb outlet systems -the project uses curb &cgutter with •I • outlets ,to:grassed.swales or,vegetated.areas that.meet the : or: .N . ff' 'following criteria: . : '` " ...•.:. . 1. The swale or vegetated area can carry the peak flow from the 10 storm at a non-erosive velocity. I or N 2. The longitudinal slope of the swale or vegetated areas ! CD does not exceed 5% or N 3. The swale has a trapezoidal cross-section and a minimum i • bottom width of two feet. CD or N 4. The minimum length of the swale or vegetated area is 100 ; i feet. OY or N • • 5. Side slopes are no steeper than 3H:1V. I eor N 6. The project utilizes treatment swales designed per Section I Y or N .1061 in lieu of the curb outlet system requirements. • OAs-built ©N/E i. OO NIA E. • Vegetated Setbacks .. i L . . • 1. The width of the vegetated setback is 50'. I Y or N : ✓ 2. The width of the vegetated setback.has been measured from the normal pool of impounded waters, the MHW line of I Y or N ! ✓ tidal waters, or the top of bank of each side of rivers or streams. 3. The vegetated setback is maintained in grass or other vegetation. I Y or N I v 4. BUA that meets the requirements of NCGS 143- ; '"fir N j 214.7(b2)(2) is located in the setback. j -,, 5. BUA that does NOT meet the requirements of NCGS 143- �+ I+� 4. 214.7(b2)(2) is located within the setback and is limited to: q i re-- a. Publicly funded linear projects (road, greenway, or "Vfv' - I sidewalk) ik. Y or N` [, L 7 b. Water dependent structures l'.....-'\,..*1 c. Minimal footprint uses such as poles, signs, utility appurtenances..and security lights. 6. The amount of BUA within the setback is minimized and channeling of the runoff from the BUA has been avoided. I Y or N I V 7. Stormwater is not discharged (via swale or pipe) through a vegetated setback. Stormwater is released at the edge of ' Y or N I l/ the setback and allowed to flow through the setback as ; dispersed flow. F.: ..Outlets;=,stormwater.outlets do'not cause erosion`:downslope • ...... ... • .. . ofthe.discharge po'int.during the: flow from the'1'0 year. • Y or N . .. storrxt. O . ':;G:.-Variati.ons.-the project has.variations from-t-he IVIDC that : • • ':were not previously approved (Madtfication:may.be•required). is Y -• 0.. ! •- . .H.:•:.Deed restrictions (if required)-are.recorded and ensure • I• ..= ':that The-project.and the..BUA witl•be•maintained in`perpetuity ! or N •. 1: . .-consiste•nt.with the permit,:appro::ved plans.and:specifications. .• :I. For Subdivisions�Only:� Residernt!al or Commercial:)..:• • 1 .,.. . . . 1 The number of platted lots is consistent with the approved (.:' or Nplans. 2. The project area is consistent with the approved plans. I or N 3. The layout of the lots and streets is consistent with the or N approved plan. 4. The width /radius of streets, paved accesses; cul-de-sacs I Y or N and sidewalks is consistent with the approved plan. 5. No piping, other than those minimum amounts needed ! Y or N I i under a driveway or under a road, has been added. I 6. The lot grading, road grading, vegetated conveyances: . piping, inverts, and elevations are consistent with the a roved laps. i Y or N I i E Page7of8 ., MAN 1 / 2023 3 state Stormwater Management Permit No. SW8 190210 Provide an explanation for every MDC that was not met, or for every deviation from the permitted condition below: t �� �'- SON`, �k it) M1l172023P Page 8 of 8 ' ' ""ate Stormwater Management ' • ' . Permit No. SW8 190210 AS-BUILT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. ❑ Check here if this is a partial certification. Section/phase/SCM 1 I Check here if this is part of a Fast Track As-built Package Sub ' al. Printed...Al./bonyl) SY Name aS -Signature /A../22A 1, I, b, I .91/nn , a Notary Public in the State of Count of /7 / vV , do hereby certify that perso lly_appeared before me this 2� day of ®y`®' Q1; '� 20 r�7 ,s$, g and acknowledge the due execution of this as-built certification. nr (SEAL) ,/0 �¢A i ness and an offici seal ` :. 'BLIC k �•� �: ,i7;1//?/9 �`cfa Ca 7„....t....__ 'ai 14.3�' Ba!Milian { y commission expires //� �- Completed 1 Permittee's Certification NCAC 0042(4)• Provided ! N/A A. DEED RESTRICTIONS 1 BUA RECORDS I 1. The deed restrictions and protective covenants have been recorded I ()or N and contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the l I permit conditions. l } 2. A copy of the recorded deed restrictions and protective covenants I or N has been provided to the Division. 3. Records which track the BUA on each lot are being kept. (See Note I Yor N 1) B. MAINTENANCE ACCESS • 1. The SCMs are accessible for inspection, maintenance and repair. or N I 2. The access is a minimum of 10 feet wide. I Y or N '3. The access extends to the nearest public right-of-way. Y or N I C. EASEMENTS 1. The SCMs and the components of the runoff collection /conveyance ( or N I I system are located in recorded drainage easements. i I 2. A copy of the recorded plat(s) is provided. I Y or N I D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that j have an SCM include the following: Y or0 1. The specific location of the SCM on the lot. . i Y or •N I AKA. 2. A typical detail for the SCM. Y or N ,J/A. 3. A note that the SCM is required to meet stormwater regulations and I that the lot owner is subject to enforcement action as set forth in Y or N ��vf NCGS 143 Article 21 if the SCM is removed, relocated or altered without prior approval. E. OPERATION AND MAINTENANCE AGREEMENT Y or N 1. The O&M Agreement is referenced on the final recorded plat. . Y or E) I jECEVE nPage 1 of 8 MAR 1 7 MS • 'state Stormwater Management Permit No. SW8 190210 2. The O&M Agreement is recorded with the Register of Deeds and ei ! appears in the chain of title, • i Y or • F. OPERATION AND MAINTENANCE PLAN—maintenance records are • being kept in a known set location for each SCM and are available for Y or N review. G. DESIGNER'S CERTIFICATION FORM— has been provided to the • Division. I I or N INote1-Acceptable records include ARC approvals, as-built surveys, and county tax records. Provide an explanation for every requirement that was not met, and for every"N/A" below. Attach additional sheets as needed. Se.e.-KorN 'D Je SGM'S / low dtns41 atlArNco A> op JoAtS S�.Ck c o✓1 E. 7 4,¢. k64-ri CY4V'�. tIN4 �-S re-Per. v c t. I - c .h/q/r- tice II cJ cJ • flECEIVEfl MAR 17 2023 BY: .ram•�-w.....,, . ., s sir JUN 2 3 2023 I 1 BY.. Page 2 of 8 Type: CONSOLIDATED REAL PROPERTY Recorded: 1/14/2021 11:51:33 AM Fee Amt: $26.00 Page 1 of 2 Onslow County, NC Omega K.Jarman Reg.of Deeds BK 5360 PG 152 - 153 • • Prepared by:Lanier,Fountain,Ceruzzi&Sabbah/dd STATE OF NORTH CAROLINA COUNTY OF ONSLOW AMENDMENT TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR SWANSGATE SUBDIVISION (Book 5340,page 760) THIS AMENDMENT TO DECLARATION of Covenants, Conditions and Restrictions made this the 4- day of January, 2021 by A. Sydes Construction, Inc., a North Carolina Corporation, (the"Declarant")whose address is PO Box 7122,Jacksonville,NC 28541. WITNESSETH: WHEREAS, the Master Declaration of Covenants, Conditions, and Restrictions for Swansgate Subdivision (the "Declaration") dated December 17, 2020, was duly recorded in the Onslow County Registry in Book 5340,Page 760; and WHEREAS, the Declarant intends to amend Section 1.3; Section 1.5; and Section 4.1 as hereinafter provided. NOW,THEREFORE,the Declaration is hereby amended as follows: 1. Section 1.3 "Articles" or"Articles of Incorporation." Any reference to Shipwright Pointe Homeowner's Association,Inc. is deleted and"Swansgate HOA,Inc."inserted in lieu thereof. 2. Section 1.5 "Association." Any reference to Shipwright Pointe Homeowner's Association, Inc. is deleted and"Swansgate HOA, Inc."inserted in lieu thereof. 3. Section 4.1 "Homeowner's Association." Any reference to Swansgate Homeowner's Association, Inc. is deleted and"Swansgate HOA,Inc."inserted in lieu thereof. 1 E E fiEigiCAR 17 2023 submitted electronically by "Lanier, Fountain ceruzzi & Sabbah" BY. in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Onslow county Register of Deeds. Except as specifically amended or altered by this Amendment,all provisions, restrictions and covenants contained in the original Declaration shall remain in full force and effect as to all property described in the said Declaration,as amended. IN WITNESS WHEREOF,the undersigned,being the Declarant herein,has hereunto set its hand and seal, as of the day and year first above written. A. Sydes Construction,Inc., A North Carolina Corporation By: ,I/ A.,1 a� (SEAL) Anthony 1 . Sydes, resident STATE OF NORTH CAROLINA COUNTY OF ONSLOW I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document in the capacity indicated thereon: Anthony W.Sydes Date: January pi ,2021. ! 'is ~--'---, --""U-/ 'Ca;—OZ.F.... ..* Notary Public "� My commission expires: 2 ti/°� ! t)t ?__ i,ii,irn,,n,,, 'v OAR" y,.,= 1. \ V0 PUBS- • l .:1Clients\AA-SubdivisionslAA-Subdivigoa4lSwamsntgt inglii m to Declaration flECEIVEfl 2 MAR 17 2023 BY: mortgages in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or taking of Common Areas, ARTICLE XIII STORM WATER REGULATION Section 13,1 (a) The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 190210 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 Division. (e) Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. (f) The maximum allowable built-upon area per lot is shown on Attachment B, 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 has the same meaning as G.S. 143-214.7,as amended. (g) Built-upon area in,excess of the permitted amount will require a permit modification to ensure compliance with the permit and stormwater rules, (h) Filling in, piping or altering any vegetative conveyances (ditches, swales, etc.) associated with the development,except for average driveway crossings, is prohibited by any persons. (i) Filling in, piping or altering any designated curb outlet swale or vegetated area associated with the development is prohibited by any persons. (j) A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters, measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters,perpendicular to the shoreline, flECEnJEfl 27 A MAR 1 / 2023 BY: (k) All roof drains'shall be released as dispersed flow no closer than at the edge of the 50- foot vegetated setback. At no time shall stormwater runoff be piped into or through the setback. (I) Each designated curb outlet must convey stormwater runoff to a vegetated conveyance or vegetated area as shown on the approved plans and must be maintained at a minimum of 100' long, 3:1 ( J:V) side slopes or flatter,a minimum bottom width of 2 feet;have a longitudinal slope no steeper than 5%, carry the peak flow from the 10-year storm at a non-erosive velocity,and dense vegetated cover. (m)Any individual or entity found to be in noncompliance with the provisions of the Stormwater Management Permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in N.C.G.S. 143, Article 21. ARTICLE XIV SIGHT DISTANCE AT INTERSECTIONS No fences,wall,hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply upon any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. ARTICLE XV DRIVEWAY DRAINAGE All driveways shall have drainage tile in the street ditches installed and sized in accordance with the N.C. State Highway recommendations. ARTICE XV.I STREET LIGHTING AGREEMENT The Declarant reserves the right to subject the real property in this subdivision to a contract with an electric utility company for the installation of underground electric cables and/or the installation of street lighting,and entrance sign lighting,either or both which may require an initial payment and/or a continuing monthly payment to an electric company by the owner of each dwelling. fIECEIvE MAR 17 20; 28 BY: IN WITNESS WHEREOF,Declarant has caused this instrument to be executed as of the day and year first above written. A. SYDES CONSTRUCTION, INC,, A North Carolina corporation I_ _c " '• j Name: Anth n /:W^ d s Title: President STATE OF NORTH CAROLINA COUNTY OF ONSLOW I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document in the capacity indicated thereon:Anthony W.Sydes Date: December / ° ,2020. ? -...rv... 64,17- Notary Public My Commission Expires: '/fit: [Affix Seal] Q 1A • PUBV CO' ` jjECE9VE MAR 17 2023 BY: 29 EXHIBIT A Legal Description Being all of the property shown on map entitled, "Final Plat, Swansgate, A Residential Cluster Development"dated October 15, 2020,prepared by Bell and Phillips, and recorded in Map Book 79,Page 98, Onslow County Registry. flECEIVE MAR 17 2023 BY 30 • Attachment B Built-upon Area Allocations LOT NUMBER MAX BUA 3 4,300 sq.ft. 4 4,300 sq.ft. 8 4,300 sq.ft. 9 _ 4,300 sq.ft. 28 _4,300 sq.ft. 29 4,300 sq.ft. 30 4,300 sq.ft. All other lots 4,000 sq.ft. flECEIVE MAR 17 2023 BY: