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HomeMy WebLinkAboutNCS000517_FINAL PERMIT_20070507-_._---'-T--STORMWATERTDIVISI-ON-CODING--SHEET---_ PERMIT NO. DOC TYPE `�F FINAL PERMIT ❑ MONITORING INFO ❑ APPLICATION ❑ COMPLIANCE ❑ OTHER DOC DATE ❑j'jr?�S�J`� YYYYMMDD • L� STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000517 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, The Fund for Sandy Point North Carolina, LLC is hereby authorized to discharge stormwater from their separate storm sewer system located in: Chowan County to receiving waters, Albemarle Sound and unnamed tributaries to Albemarle Sound, within the Pasquotank River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts 1, II,111, IV, V, VI, V1I and V1II hereof. This permit shall become effective June I, 2007. This permit and the authorization to discharge shall expire at midnight on May 31, 2012. Signed this day May 7, 2007. Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission PERMIT NO. NCS000517 ICal :I61xf)Zslfle!IDia&l PART I PERMIT COVERAGE PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION SECTION B: PUBLIC EDUCATION AND OUTREACH SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR FSP ACTIVITIES AND OPERATIONS SECTION H: WATER QUALITY/HYDRAULIC ASSESSMENT AND MONITORING PART III PROGRAM ASSESSMENT PART IV REPORTING AND RECORD KEEPING REQUIREMENTS PART V STANDARD'CONDITIONS SECTION A: COMPLIANCE AND LIABILITY SECTION B: CONSTRUCTION, OPERATION AND MAINTENANCE OF POLLUTION CONTROLS SECTION C: MONITORING AND RECORDS PART VI LIMITATIONS REOPENER PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VIII DEFINITIONS ATTACHMENT A PHASE I PROJECT DATA i PERMIT NO. NCS000517 PART I PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, The Fund for Sandy Point North Carolina, LLC ("Permittee" or "FSP"), is authorized to discharge stormwater from the separate storm sewer system to receiving waters, Albemarle Sound and unnamed tributaries to Albemarle Sound, within the Pasquotank River Basin. Such discharge will be controlled, limited and monitored in accordance with the Permittee's Phase Il NPDES Stormwater Permit Application, specifically including the Stormwater Management Program Report, and any approved modifications thereto. The approach to stormwater management described in Permittee's application and report is hereafter referred to as the "Stormwater Plan." 2. All discharges authorized herein shall be adequately managed in accordance with the terms and conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. 3. The issuance of this permit does not preclude the Permittee from complying with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 4. This permit covers activities associated with the discharge of stormwater from the separate storm sewer system within the Sandy Point Development (the Permittee's 930-acre development in Chowan County, North Carolina, also hereafter referred to as the "Project") as constructed, operated and maintained in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "Stormwater Rules") and the approved Stormwater Plan, including specifications and other supporting data submitted, on file with and approved by the Division of Water Quality ("Division") and considered a part of this permit to control potential pollution from the separate storm sewer system. The permit applies to current and future development by the Permittee. Contemporaneously with the issuance of this permit, the Division has approved, pursuant to 15A NCAC 2H.1000, the first phase of the Sandy Point Development as defined in the Permittee's application. Project data for the first phase of development is included as Attachment A to this permit. All future phases of the Project shall require approval by the Division pursuant to 15A NCAC 21-1.1000 but shall not require modifications to this NPDES permit. 6. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40 CFR Part 122, 123 and 124, North Carolina General Statutes 143-215.1 and in accordance with the approved Stormwater Plan, all provisions contained and referenced in the Stormwater Plan are enforceable parts of this permit. The Permittee will develop and implement its approved Stormwater Plan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions outlined by the Director, and the provisions of this permit. 7. The permit requires the development and proper implementation of the Stormwater Plan. The purpose of the Stormwater Plan is to reduce the discharge of pollutants from the separate storm sewer system to the maximum extent practicable, to protect water quality, and to satisfy the applicable water quality requirements of the Clean Water Act. Implementation of best management practices consistent with the provisions of the Stormwater Plan constitutes compliance with the standard of reducing pollutants to the maximum extent practicable. Successive iterations of the Stormwater Plan and other components of this permit will be driven by the objective of assuring that discharges do not cause or contribute to the violation of water Part I Page 1 of 2 PERMIT NO. NCS000517 quality standards through the expansion and tailoring of management measures within the scope of the Stormwater Plan. 8. The permit authorizes the point source discharge of stormwater runoff from the separate storm sewer system. In addition, discharges of non-stormwater are also authorized through the separate storm sewer system of the Permittee if such discharges are: (a) Permitted by, and in compliance with, another NPDES discharge permit including discharges of process and non -process wastewater, and stormwater associated with industrial activity; or (b) Determined to be incidental non-stormwater flows that do not significantly impact water quality, which may include: • water line flushing; • landscape irrigation; • rising groundwaters; • uncontaminated groundwater infiltration; • uncontaminated pumped groundwater; • discharges from potable water sources; • foundation drains; • air conditioning condensate (commercial/residential); • irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); • springs; • water from crawl space pumps; • footing drains; • lawn watering; • residential and charity car washing; • flows from riparian habitats and wetlands; • dechlorinated swimming pool discharges; • street wash water; • flows from emergency fire fighting. The Division may require that non-stormwater flows of this type be controlled by the Permittee's Stormwater Plan. 9. Approved plans and specifications for this Project are incorporated by reference and are enforceable parts of the permit. 10. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the projects will be recorded showing all such required common areas and easements, in accordance with approved plans. IL No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative stormwater management features (such as swales) shown on the approved plans as part of the stormwater management system without the Permittee having submitted a revision to the permit and received approval from the Division. 12. All references in this permit to "the public" and "the community" refer to residents of the Sandy Point Development, as well as persons working at or visiting the Sandy Point Development. Part I Page 2 of 2 PERMIT NO. NCS000517 PART II FINAL LIMITATIONS AND CONTROLS FOR PERMITTED DISCHARGES SECTION A: PROGRAM IMPLEMENTATION The permittee will implement, manage and oversee all provisions of its Stormwater Plan to reduce pollutants discharged from the separate storm sewer system. This includes, but is not limited to, the following areas: The permittee will develop and maintain adequate legal mechanisms, such as restrictive covenants, regulations, policies and procedures, to implement all provisions of the Stormwater Plan. The permittee will keep the Division advised of the status of its legal mechanisms and will develop these mechanisms in accordance with the schedule outlined in the Stormwater Plan. The permittee's Stormwater Plan will be implemented and managed such that the discharge of pollutants from the separate storm sewer system is reduced to the maximum extent practicable. It is anticipated that in order to meet this provision, implementation of the Stormwater Plan will occur with emphasis given to priority areas and to management measures and programs that are most effective and efficient at varying stages of the plan's implementation. The permittee will implement the components of the Stormwater Plan to prohibit, to the maximum extent practicable, illicit connections, spills and illegal dumping into the separate storm sewer system. 4. The permittee will implement provisions of the Stormwater Plan as appropriate to monitor and assess the performance of the various management measures that are a part of the Stormwater Plan. ,This will include the provisions of this permit. The permittee will maintain adequate funding and staffing to implement and manage the provisions of the Stormwater Plan. The permittee will implement appropriate education, training, outreach, and public involvement programs to support the objectives of this stormwater discharge permit and the Stormwater Plan. 7. The permittee will implement a program to reduce pollution from construction site runoff as described in the Stormwater Plan and in accordance with this permit. 8. The permittee will implement a post -construction site runoff control program to regulate new development and redevelopment by requiring structural and non-structural best management practices to protect water quality, to reduce pollutant loading, and to minimize post -development impacts. This program will include provisions for long-term operation and maintenance of BMPs. 9. The permittee will evaluate activities and operations and develop and implement an appropriate program for operation and maintenance of facilities to reduce the potential for stormwater pollution. to. Proposed permit modifications must be submitted to the Director for approval. Part 11 Page 1 of 12 PERMIT NO. NCS000517 SECTION B: PUBLIC EDUCATION AND OUTREACH 1. Objectives for Public Education and Outreach (a) Distribute educational materials to the community. (b) Conduct public outreach activities. (c) Raise public awareness on the causes and impacts of stormwater pollution. (d) Inform the public on steps they can take to reduce or prevent stormwater pollution. 2. BMPs for Public Education and Outreach The permittee shall implement the following BMPs to meet the objectives of the Public Education and Outreach Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals (a) Resident education and Develop and implement within 6 months of occupancy of any residence outreach program at the Project, excluding the occupancy of any residence as a sales office for the Project, an educational campaign to inform residential property owners on illicit discharges, sources of pollution in stormwater runoff and what they can do to minimize or eliminate pollution in stormwater runoff. (b) Business education and Develop and implement within 6 months of occupancy of any outreach program commercial building at the Project, excluding the occupancy of any commercial building as a sales office for the Project, an educational campaign to inform businesses on illicit discharges, reporting, proper waste disposal, sources of pollution in stormwater runoff and what they can do to minimize or eliminate pollution in stormwater runoff. (c) Education materials Develop general stormwater educational material within 12 months of the effective date of this permit for residential property owners and businesses. Instead of developing its own materials, the permittee may rely on state -supplied Public Education and Outreach materials, as available, when implementing its own program. Include information on steps to reduce or eliminate pollution sources including proper disposal of waste materials. (d) Education material Distribute within 6 months of occupancy of any commercial building at dissemination the Project, excluding the occupancy of any commercial building as a sales office for the Project, written educational material to residential property owners and businesses via mailings, in community central areas and other heavy traffic areas, (e) Presentations Present educational information within 6 months of occupancy of any commercial building at the Project, excluding the occupancy of any commercial building as a sales office for the Project, at homeowners association, business association and other community meetings. Part II Page 2 of 12 PERMIT NO. NCS000517 SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION 1. Objectives for Public Involvement and Participation (a) Provide opportunities for the public, including major economic and ethnic groups, to participate in program development and implementation. (b) Comply with applicable state and local public notice requirements. 2. BMPs for Public Involvement and Participation The permittee shall implement the following BMPs to meet the objectives of the Public Involvement and Participation Program and shall notify the Division prior to modification of any goals. BMP Measurable` ;gals (a) Administer a Public Conduct annual public meetings within 6 months of occupancy of any Involvement Program commercial building at the Project, excluding the occupancy of any commercial building as a sales office for the Project, to allow residential property owners an opportunity to review and comment on the Stormwater Plan and to promote ongoing participation in the stormwater program. Part 11 Page 3 of 12 PERMIT NO. NCS000517 SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION 1. Objectives for Illicit Discharge Detection and Elimination (a) Detect and eliminate illicit discharges, including spills and illegal dumping. (b) Address significant contributors of pollutants to the separate storm sewer system. The permittee may require specific controls for a category of discharges, or prohibit that discharge completely, if one or more of these categories of sources are identified as a significant contributor of pollutants to the separate storm sewer system. (c) Implement appropriate enforcement procedures and actions. (d) Develop a storm sewer system map showing all outfalls and waters receiving discharges. (e) Inform employees, businesses, and the public of hazards associated with illegal discharges and improper disposal of waste. 2. BMPs for Illicit Discharge Detection and Elimination The permittee shall implement the following BMPs to meet the objectives of the Illicit Discharge Detection and Elimination Program and shall notify the Division prior to modification of any goals. BMP Measurable Goals itR YR ` 2 HMIR Wyli5 (a) Illicit Discharge Develop and implement an Illicit Discharge X X X Detection and Detection and Elimination Program. Include Elimination Program provisions for program assessment and evaluation. (b) Legal authorities Establish and maintain adequate legal X X X authorities to prohibit illicit discharges and enforce the approved Illicit Discharge Detection and Elimination Program. (c) Storm Sewer and Identify location and specification for all X X Conveyance System Base stormwater conveyances in the as -built site Map plans. Continue to identify, locate, and update map of stormwater conveyances in the as -built site plans as new phases of development progress. (d) Illicit discharge detection Implement an inspection program to detect X X procedures illicit discharge into the stormwater conveyance system including the emergency overflow floodwaters. Establish procedures for tracing the sources of illicit discharges and for removing the sources. Develop procedures for identification of priority areas likely to have illicit discharges. (e) Staff training Conduct training for staff on detecting and X X X reporting illicit discharges. Part II Page 4 of 12 PERMIT NO. NCS000517 (f) Public education Inform the public of hazards associated with X X X illegal discharges and improper disposal of waste. (g) Establish a public Establish and publicize a reporting X X X reporting mechanism mechanism for the public to report illicit discharges. Part 11 Page 5 of 12 PERMIT NO. NCS000517 SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Construction Site Runoff Controls (a) Reduce pollutants in stormwater runoff from construction activities. (b) Provide procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporates consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) Establish requirements for construction site operators to control waste, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 2. BMPs for Construction Site Runoff Controls The permittee shall establish BMPs for construction site runoff controls for activities disturbing one or more acres of land surface and for those activities disturbing less than one acre that are part of a larger common plan of development. (a) The permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure. (b) The NCDENR Division of Land Resources Erosion and Sediment Control Program effectively meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities disturbing less than one acre that are part of a larger common plan of development. This program is authorized under the Sediment pollution Control Act of 1973 and Chapter 4 of Title 15A of the North Carolina Administrative Code. This program includes procedures for public input, sanctions to ensure compliance, requirements for construction site operators to implement appropriate erosion and sediment control practices, review of site plans which incorporate consideration of potential water quality impacts, and procedures for site inspection and enforcement of control measures. (c) The NCGO10000 permit establishes requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. (d) The permittee must provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. (e) Construction site runoff controls for activities disturbing less than an acre shall adhere to the erosion control practices outlines in FSP's Maintenance Specifications. Part II Page 6 of 12 PERMIT NO, NCS000517 SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS 1. Objectives for Post -Construction Site Runoff Controls (a) Manage stormwater runoff from new development / redevelopment that drains to the separate storm sewer system and disturbs an acre or more of land surface, including development /redevelopment of less than an acre that is part of a larger common plan of development. (b) Provide a mechanism to require long-term operation and maintenance of BMPs. (c) Ensure controls are in place to minimize water quality impacts. 2. BMPs for Post -Construction Site Runoff Controls The permittee shall implement the following BMPs to meet the objectives of the Post - Construction Stormwater Management Program. x`�:BMP w ' " 1Vleas ralile Goals yR ,yR� YR Yg ; YR DSI. „lfXr 1 'N1F1' %t" [I 1MPf[IYR"di kV (a) Establish strategies to Implement strategies that include a X X X X X address stormwater combination of structural and/or non- structural and non- structural BMPs. Establish pre -construction structural BMPs review of plans, inspection during construction, and post -construction acceptance procedures. (b) Operation and Develop and implement a long-term X X X X X Maintenance Plan Operation and Maintenance Plan for all structural stormwater BMPs. (c) Annual Maintenance Conduct and document annual maintenance X X X Inspection of structural inspections of all structural BMPs. Annual BMPs maintenance inspections shall be performed by a qualified professional. (d) Develop Educational Provide contractors and builders working X X X X X Program within the Sandy Point Development guidance materials regarding post - construction requirements, including pre - construction review of plans, inspection during construction, and post -construction acceptance procedures. (e) Establish a program to Control the sources of fecal coliform to the X X X X control the sources of fecal maximum extent practicable coliform to the maximum extent practicable Part 11 Page 7 of 12 PERMIT NO. NCS000517 �Dltlr il�. .61 easuralsle Goals �, L� "�WR �� YR i'R .� 4. YR�' �5f (f) Post Construction Stormwater control measures must control Stormwater Management and treat the difference between the pre - Measures development and post -development condition for the 1-year 24-hour storm. All structural stormwater treatment systems must be designed to achieve 85% average annual removal of total suspended solids. Stormwater management measures must comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c). All phased development that is part of a larger common plan of development disturbing one or more acres of land surface and those activities disturbing less than one acre shall be submitted to the DWQ for review and approval with post -construction stormwater management measures identified above. (g) Deed restrictions and Deed restrictions and protective covenants are protective covenants required by FSP to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans. Part I1 Page 8 of 12 PERMIT NO. NCS000517 SECTION G: POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR FSP ACTIVITIES AND OPERATIONS 1. Objective for Pollution Prevention and Good Housekeeping for FSP Activities and Operations Prevent or reduce stormwater pollution from FSP activities and operations. 2. BMPs for the Pollution Prevention and Good Housekeeping for )FSP Activities and Operations The permittee shall implement the following BMPs to meet the objectives of the Pollution Prevention and Good Housekeeping Program and shall notify the Division prior to modification of any goals. BMP-:Measuralle YR ` YR, ��YR. YR YR 1 2- 3 4 5 (a) Develop an operation and Develop an Operation and Maintenance Plan X X X X maintenance program that has the ultimate goal of preventing or reducing pollutant runoff from FSP activities and operations. FSP shall annually review and amend as appropriate the Operation and Maintenance Plan as additional development of FSP progresses. (b) Inspection and evaluation Develop an inventory of all facilities and X X X X of facilities, operations, operations owned and operated by the and the separate storm permittee with the potential for generating sewer system and polluted stormwater runoff, including the associated structural separate storm sewer system and associated BMPs. structural BMPs. Inspect potential sources of polluted runoff, the stormwater controls, and conveyance systems. Evaluate the sources, document deficiencies, plan corrective actions, and document the accomplishment of corrective actions. (c) Operation and The facilities must be properly maintained X X X X Maintenance and operated at all times. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. Part II Page 9 of 12 PERMIT NO. NCS000517 BMP Measurable Goals YR YR YR YR YR 1 2 3 4 5 (d) Operation and The permittee shall provide the operation and X X X X Maintenance maintenance necessary to assure the permitted stormwater system functions at optimum efficiency including, but not limited to: a. Scheduled inspections every 6 months b. Sediment removal c. Mowing and revegetation 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 outlet structures, orifice devices and catch basins and piping. (e) Spill response procedures Develop and implement spill response X X X X procedures that will be implemented to minimize the risk to human health and the environment. (f) Vacuum Sweeping At a minimum, vacuum sweeping of the X X X X permeable pavement surfaces shall be conducted 2 times per year (every 6 months) to remove trapped fines and prevent clogging. (g) Pesticide and Fertilizer FSP shall develop in Year 2 and implement in X X X X Application Plan Year 3-5 a Pesticide and Fertilizer Application Plan to manage application of pesticides, fertilizers, and other vegetation management materials to minimize pollutant potential of stormwater runoff. Pesticide and fertilizer usage shall be restricted to those materials approved by EPA/NCDA and shall be used in accordance with label restrictions. Training of appropriate FSP staff shall include instruction on the appropriate uses and applications of all pest control methods. This training shall be designed to increase awareness of proper mowing techniques, release of biological and chemical agents, appropriate spill response, the correct use and handling of products and the potential for water quality impacts. Part II Page 10 of 12 PERMIT NO. NCS000517 Ieasurable Goals ` YR� YRYR YR Ylt (h) Pesticide and Fertilizer FSP shall annually review and amend as X X X Application Plan appropriate the Pesticide and Fertilizer Application. Plan as additional development of the Project progresses. (i) Training All stormwater maintenance staff must be X X X properly trained to identify and remove pollutants including sediments from the storm sewer system. Provide specific training on pollution prevention and good housekeeping procedures developed for FSP activities and operations. Provide training on spill response procedures to appropriate staff. Part II Page 11 of 12 PERMIT NO. NCS000517 SECTION H: WATER QUALITY/HYDRAULIC ASSESSMENT AND MONITORING 1. Objective for Water Quality/Hydraulic Assessment and Monitoring Evaluate the impacts on water quality and other impacts of the New Urban Waterfront Area development in North Carolina. 2. BMPs for Water Quality/Hydraulic Assessment and Monitoring The permittee shall implement the following BMPs to meet the objectives of the Water Quality/Hydraulic Assessment and Monitoring Program and shall notify the Division prior to modification of any goals. tl j BMSlow,11'Ieasura61FG'os al'° (a) Water Quality/Hydraulic Develop a Water Quality/Hydraulic Assessment and Monitoring Plan to Assessment and be submitted to DWQ within 18 months of the effective date of the Monitoring Plan permit. The Plan shall include a schedule for implementing the proposed assessment and monitoring activities. DWQ shall complete its review of the plan within 6 months of receiving the plan from the permittee. (b) Water Quality/Hydraulic Initiate implementation of the Water Quality/Hydraulic Assessment Monitoring and Monitoring Plan within 6 months of receiving Plan approval from DWQ. In accordance with the implementation schedule, the permittee shall provide in subsequent annual reports a summary of the assessment and monitoring activities performed within the reporting period. (c) Revisions to the Water FSP shall annually review, amend as appropriate, and submit to DWQ Quality/Hydraulic for approval any amendments of, the Water Quality/Hydraulic Assessment and Assessment and Monitoring Plan as additional development of the Monitoring Plan Project progresses. Part H Page 12 of 12 PERMIT NO. NCS000517 PART III PROGRAM ASSESSMENT 1. Implementation of the Stormwater Plan will include documentation of all program components that are being undertaken including, but not limited to, inspections, maintenance activities, educational programs, implementation of BMPs, enforcement actions, and other stormwater activities. If monitoring and sampling are being performed, documentation of results shall be included. Documentation will be kept on -file by the permittee for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. Permittee will review and update the Stormwater Plan as necessary, but at least on an annual basis. The permittee will submit a report of this evaluation and monitoring information to the Division on an annual basis. This information will be submitted within 30 days of the anniversary date of the effective date of the permit and cover the previous year's activities. The permittee's reporting will include appropriate information to accurately describe the progress, status, and results of the permittee's Stormwater Plan and will include, but is not limited to, the following components: (a) The permittee will give a detailed description of the status of implementation of the Stormwater Plan. This will include information on development and implementation of all components of the Stormwater Plan for the past year and schedules and plans for the year following each report. (b) The permittee will adequately describe and justify any proposed changes to the Stormwater Plan. This will include descriptions and supporting information for the proposed changes and how these changes will impact the Stormwater Plan (results, effectiveness, implementation schedule, etc.). (c) The permittee will document any necessary changes to programs or practices for assessment of management measures implemented through the Stormwater Plan. In addition, any changes in the cost of, or funding for, the Stormwater Plan will be documented. (d) The permittee will include a summary of data accumulated pursuant to the Stormwater Plan throughout the year along with an assessment of the significance of the data in light of the Stormwater Plan. (e) The permittee will provide information on the annual expenditures and budget anticipated for the year following each report along with an assessment of the continued financial support for the Stormwater Plan. (f) The permittee will provide a summary of activities undertaken as part of the Stormwater Plan throughout the year. This summary will include, but is not limited to, information on the establishment of appropriate legal authorities, project assessments, inspections, enforcement actions, continued inventory and review of the storm sewer system, education, training and results of the illicit discharge detection and elimination program. 3. The Director may notify the permittee when the Project and/or the Stormwater Plan does not meet one or more of the requirements of the permit. Within the time frame specified in the notice, the permittee will submit a written plan and time schedule to the Director for modifying the site and/or the Stormwater Plan to meet the minimum requirements. The Director may approve the corrective action plan, approve a plan with modifications, or reject the proposed Part Ill Page 1 of 2 PERMIT NO. NCS000517 plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph 2) to the Director that the changes have been made. Nothing in this paragraph shall be construed to limit the Director's ability to conduct enforcement actions for violations of this permit. 4. The Division may request additional reporting information as necessary to assess the progress and results of the Stormwater Plan. Part III Page 2 of 2 PERMIT NO. NCS000517 PART IV REPORTING AND RECORD KEEPING REQUIREMENTS 1. Records The permittee shall retain records of all information required by this permit for a period of at least 5 years from the date of acquisition. This period may be extended by request of the Director at any time prior to the end of the five-year period. 2. Report Submittals (a) Duplicate signed copies of all reports required herein, shall be submitted to the following address: Department of Environment and Natural Resources Division of Water Quality Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (b) All applications, reports, or information submitted to DWQ shall be signed by FSP's chief executive officer or a duly authorized representative of FSP. A person is a duly authorized representative only if: (i) The authorization is set forth in writing by the chief executive officer; (ii) The authorization specifies either an individual or a position having responsibility for the overall operation of a regulated facility or activity or an individual or position having overall responsibility for environmentallstormwater matters; and (iii) The written authorization is submitted to the Director. (c) Any person signing a document under paragraphs (a) or (b) of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part IV Page 1 of 2 PERMIT NO. NCS000517 3. Recording Results For each activity performed or information collected pursuant to the requirements of this permit, the permittee shall record the following information: (a) The dates, exact place, and time of the activity or information collected; (b) ,The individual(s) who performed activity; (c) The techniques or methods used; and (d) The results of such activity or information collected. 4. Twenty-four Hour Reporting The permittee shall report to the DWQ central office or the regional office any noncompliance that may constitute an imminent threat to health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. 5. - Annual Reporting The permittee will submit reporting and monitoring information on an annual basis per Part III of this permit on forms provided by the DWQ. 6. Additional Reporting The Director may request reporting information on a more frequent basis as deemed necessary either for specific portions of the permittee's Stormwater Plan or for the entire Program. 7. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in applying for this permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 2 of 2 PERMIT NO. NCS000517 PART V STANDARD CONDITIONS SECTION A: COMPLIANCE AND LIABILITY 1. Duty to Comply The permittee must comply with all conditions of this permit. 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 143-215,6(a) to 143-215.6(c). Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of permit coverage upon renewal application. (a) The permittee shall comply with standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $27,500 per day for each violation). Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] ' (c) Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] (d) Any person may be assessed an administrative penalty by the Administrator for violating sections 301, 302, 306, 307, 308, 3 18 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this .Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations are not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500). Part V Page 1 of 6 PERMIT NO. NCS000517 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. b. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 7. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the coverage issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Director upon request, copies of records required by this permit. 8. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Part V Page 2 of 6 PERMIT NO. NCS000517 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 10. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition. Part V Page 3 of 6 PERMIT NO. NCS000517 SECTION B: CONSTRUCTION, OPERATION AND MAINTENANCE of POLLUTION CONTROLS 1. Construction a. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. b. Upon completion of construction of any phase of the development that has been approved by the Division, the permittee shall submit to the Division a certification from an appropriate designer for the installed phase of the stormwater management system certifying that such phase of the system has been installed in accordance with this permit and the Division's approval of such phase, including the approved plans and specifications, and other supporting documentation. Mail the Certification to the Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina, 27889, attention Division of Water Quality. C. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 2. Proper Operation and Maintenance a. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are owned and/or operated by the permittee to achieve compliance with the conditions of this permit. b. 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. 3. Need to Halt or Reduce not a Defense It shall not be a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. Part V Page 4 of 6 PERMIT NO. NCS000517 SECTION C: MONITORING AND RECORDS 1. Representative Sampling When required pursuant to this permit, stormwater samples collected and measurements taken shall be characteristic of the volume and nature of the permitted discharge. These samples shall be taken on a day and time that is characteristic of the discharge. Where appropriate, all stormwater samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. When specified herein, monitoring points established in this permit shall not be changed without notification to and approval of the Director. 2. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 3. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air -Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels, and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. 4. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part V Page 5 of 6 PERMIT NO. NCS000517 5. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division of Water Quality, As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. Part V Page 6 of 6 PERMIT NO. NCS000517 PART VI LIMITATIONS REOPENER The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. Part VI Page 1 of 1 PERMIT NO. NCS000517 PART VII ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The permittee must pay an administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part VII Page 1 of 1 PERMIT NO. NCS000517 PART VIII DEFINITIONS 1. Best Management Practice (BMP) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning (see non-structural BMP). 2, Built -upon Area That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material, 3, Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 4. Common Plan of Development A construction or land disturbing activity is part of a larger common plan of development if it is completed in one or more of the following ways: • In separate stages • In separate phases • In combination with other construction activities It is identified by the documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, plats, blueprints, marketing plans, contracts, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot. It can include one operator or many operators. 5. ' Department Department means the North Carolina Department of Environment and Natural Resources 6. Division or DWO The Division of Water Quality, Department of Environment and Natural Resources. 7. Director The Director of the Division of Water Quality, the permit issuing authority. Part VIII Page 1 of 4 PERMIT NO. NCS000517 S. EMC The North Carolina Environmental Management Commission. 9. FSP The Fund for Sandy Point North Carolina, LLC 10. Hazardous Substance Any substance designated in 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11. Illicit Discharge Any discharge to a separate storm sewer system that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES separate storm sewer system permit), allowable non-stormwater discharges, and discharges resulting from fire -fighting activities. 12. Industrial Activity For the purposes of this permit, industrial activities shall mean all industrial activities as defined in 40 CFR 122.26. 13. Non-stormwater Discharge Categories The following are categories of non-stormwater discharges that the permittee must address if it identifies them as significant contributors of pollutants to the storm sewer system: water line flushing, landscape irrigation, diverted stream flows, rising groundwater, uncontaminated groundwater infiltration, [as defined in 40 CFR 35.2005(20)], uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the definition of illicit discharge and only need to be addressed where they are identified as significant sources of pollutants to waters of the United States). 14. Non-structural BMP Non-structural BMPs are preventive actions that involve management and source controls such as: (1) Restrictive covenants, policies and other legal mechanisms that protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space, provide buffers along sensitive water bodies, minimize impervious surfaces, and/or minimize disturbance of soils and vegetation; (2) education programs for developers and the public about minimizing water quality impacts; (3) other measures such as minimizing the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention. Part V III Page 2 of 4 PERMIT NO. NCS000517 15. Outfall The point of wastewater or stormwater discharge from a discrete conveyance system. See also point source discharge of stormwater. 16. Permittee The owner or operator issued this permit. 17. Point Source Discharize of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 18. Public All references in this permit to "the public" and "the community" refer to residents of the Sandy Point Development, as well as persons working at or visiting the Sandy Point Development. 19. Redevelopment Means any rebuilding activity unless that rebuilding activity; 1) Results in no net increase in built -upon area, and 2) Provides equal or greater stormwater control than the previous development. 20. Separate Storm Sewer System A conveyance or system of conveyances (including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): i. That discharges to waters of the United States or waters of the State; ii. Designed or used for collecting or conveying stormwater; iii. Which is not a combined sewer; and iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2 21. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 22. Total Maximum Daily Load (TMDL) A TMDL is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL is a detailed water quality assessment that provides the scientific foundation for an implementation plan. The implementation plan outlines the steps necessary to reduce pollutant loads in a certain body of water to restore and maintain water quality standards in all seasons. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. Part VIII Page 3 of 4 PERMIT NO. NCS000517 23. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part VIII Page 4 of 4 PERMIT NO. NCS000517 Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Receiving Stream: Classification of Water Body: Total Site Area: Total Impervious: ATTACHMENT A PHASE ONE PROJECT DATA Sandy Point Phase One SW7060113 Chowan County The Fund for Sandy Point North Carolina, LLC 723 McMullan Ave. # 305, Edenton, NC 27932 1/17/2006 (original) UT to Albemarle Sound SB 27.16 ac 12.79 ac Infiltration Systems Drainage area #: A B C D Size: 12.97 ac 1.88 ac 3.24 ac 9.07 ac Impervious area: 5.96 ac 0.95 ac 1.72 ac 4.16 ac Required Storage: 29,650 cf 4,454 cf 7,826 cf 20,720 cf Provided Storage: 37,688 cf 4,465 cf 8,539 cf 28,494 cf Bioretention Areas Basin # Storage Volume A 1 686 cf A2 686 cf A3 686 cf A7 1,123 cf A8 1,023 cf A29 223 cf A30 10,624 cf B2 639 cf B3 1,391 cf C5 3,432 cf D15 189 cf D24 884 cf Overflow from areas C & D flows to Wet Pond Wet Pond Depth: 6.5 ft Provided Storage Volume: 359,875 cf Provided Surface Area: 79,160 sf Controlling Orifice: 14 — 2.0 inch holes @ elevation 2.5 ft Sandy Point - Water Quality Monitoring NPDES Permit#NCS000517 NCDENR Stormwater Permit #SW70601 l3 Sandy Point will implement a Water Quality Monitoring Plan in order to assess the impact of the development on adjacent waterways. Baseline Measurements • Monitoring will begin in the Sound prior to the opening of the excavated Harbor to the waters of Albemarle Sound in order to establish a pre - development baseline of information. This monitoring will begin immediately after the Water Quality Plan is approved by NCDENR. • Two permanent monitoring locations will be established for the baseline measurements and future sampling. These locations are adjacent to the NC 32 bridge and approximately 200' west of Channel 1. These locations are identified on the attached map as M-I and M-2. • Measurements will be conducted quarterly. Samples will be taken and analyzed in January, April, July, and October of the first year for use as a baseline. • Samples will be analyzed for the following: - Dissolved Oxygen - Fecal Coliform - Phosphorous - Nitrogen Potassium Temperature Turbidity Salinity Continued Monitoring Monitoring will continue after the excavated Harbor is opened to the waters of Albemarle Sound. In addition to the two baseline locations (M- 1 and M-2), two monitoring locations will be established within the newly formed west side harbor. M-3 will be located at the intersection of the inner harbor with the eastern harbor entrance, and testing will begin with the first quarter following the opening of the harbor to Albemarle Sound. M-4 will be located at the intersection of the inner harbor with the western harbor entrance, and testing will begin with the first quarter following the opening of the western portion of the harbor to Albemarle Sound. These locations are identified on the attached map. • Measurements will be conducted quarterly. Samples will be taken and analyzed in January, April, July, and October of each year. • Samples will be analyzed for the following: Dissolved Oxygen Fecal Coliform Phosphorous Nitrogen Potassium - Temperature - Turbidity - Salinity Anomalous Results • In the event that there are sample results which appear to be anomalous due to improper / contaminated sample collection or lab handling, additional samples shall be taken within one month of the original sampling, and the original sample results shall be abandoned if the second sample results confirm the original results to be anomalous. Record_Keepin� • Records of all sampling will be kept on -File with The MS-4 Manager and will be made available to NCDENR on request. c� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves_ Perdue Charles Wakild, P, E. Governor Director November 19, 2012 Quible & Associates P.C. Derek A. Dail, P.E., Project Manager P.O. Drawer 870 Kitty Hawk, North Carolina 27949 Subject: NPDES Permit Number NCS000517 Dear Mr. Dail; Dee Freeman Secretary RECEIVED NOV262012 DWQ-WARO In accordance with your application for a stormwater discharge permit received on March 13, 2012, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated May 9, 1994 (or as subsequently amended). If any parts contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. 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, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other State, Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mike Randall at telephone number 919-807-§474 or mike.randall@ncdenr.gov. incerely, for Charles Wakild, P. E. cc: Mike Mitchell, EPA Region W Stormwater and General Permit Unit files DWQ Washington Regional Office Wellands and ;;Innnwater Branch 1-117 Mail Service Cenler, i?aleiy,l, Noilh r;aro!ina 21%?9•1617 Location: ;12 N Salim+w7 St. Pa!eiV iPp t`' Crro::,,a 27�04 Prune: 91['17-f 10L I PAS ::� I�- c 7.6431 "..51 ?r r;rvic? 1•R rr'.G': ri%� I �r,t�rnet: 4vwwf ncw, �ieryu:�li:;.r,rq u Fqua: JI , gory w i,ty' : ; iar,»p, r- A": ,,1 E'u;er�yer 1,46r hCarolina )aturall STATE of NORTH CAROLINA DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES DIVISION of WATER QUALITY PERMIT NO. NCS000517 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, The Fund for Sandy Point,North Carolina, LLC is hereby authorized to discharge stormwater from their separate storm sewer system located in: Chowan County to receiving waters, Albemarle Sound and unnamed tributaries to Albemarle Sound, within the Pasquotank River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V, VI, VII and VIII hereof. This permit shall become effective December 1, 2012. This permit and the authorization to discharge shall expire at midnight on November 30, 2017. Signed this day, November 15, 2012. 12-� ALa for Charles Wakild, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission