NCS000517_FINAL PERMIT_20070507 (2)

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
CS
S�
DOC TYPE
9ZFINAL PERMIT
❑ ANNUAL REPORT.
O APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
YYYYMMDD

Aria
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Mr. Sam Young, President
The fund for Sandy Point North Carolina, LLC
723 McMullan Ave. # 305
Edenton NC 27932
Dear Mr. Young:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
May 7, 2007 RECEIVED
Subject: Pen -nit No. NCS000517
Sandy Point, Phase One
High Density Stonnwater Project
Chowan County
In accordance with your request to modify Permit No. NCS000517, we are forwarding
herewith the revised 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 pen -nit does not affect the legal requirements to obtain other permits which may be required
by the Division of Environmental Management or pen -nits 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 919/733-5083 ext. 545.
Sincerely,
>� -'?� /5��
Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
Central ]'Iles
Stonnwatcr and General Pcnnit Unit Files
vDWQ'Wasliington Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
512 N. Salisbury St., Raleigh, North Carolina 27604 North Caroli na
Phone: [phone] FAX: [phone] Internet: h2o.onr.state.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Aaturallfil

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERM IT 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 requiremdnts, and other
conditions set forth in Parts I, 11, II1, W, V, V1, VII and VIII hereof.
This permit shall become effective June 1, 2007.
This permit and the authorization to discharge shall expire at midnight on May 31, 2012.
Signed this day May 7, 2007.
>�� -�N�� >� - -
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Conunission

PERMIT NO. NCS000517
:TABLE OF CONTENTS
PARTI
PERMIT COVERAGE
PART II
FINAL LMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A:
PROGRAM IMPLEMENTATION
SECTION B:
PUBLIC EDUCATION AND OU'TREACII
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 FIOUSEKEEPING FOR FSP
ACTIVITIES AND OPERATIONS
SECTION l-l:
WATER QUALITY/HYDRAULIC ASSESSMENT AND MONITORING
PARTIII
PROGRAM ASSESSMENT
PART IV
REPORTING AND RECORD KEEPING REQUIREMENTS
PART V
STANDARD CONDITIONS
SECTION A:
COMPLIANCE AND LIABILITY
SECTION 13:
CONSTRUCTION, OPERATION AND MAINTENANCE OF
POLLUTION CONTROLS
SECTION C:
MONITORING AND RECORDS
PA1tT VI
LIMITATIONS REOPENER
PART VI1
ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART V11I
DEFINITIONS
ATTACIIMIENT A
PHASE I PROJECT DATA
n

PERMIT NO. NCS000517
PARTI PERMIT COVERAGE
1. During the period beginning on the effective date of the permit and lasting until
expiration, The Fund for Sandy Point North Carolina, LLC ("Pennittee" 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 Pernittee's Phase 11 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 "Stonnwater 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,
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 stonnwater 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 stone 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 Pennittee'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 211.1000 but shall not require modifications to this NPDES
permit.
b. Under the authority of Section 402(p) of the Clean Water Act and implementing regulations 40
CPR 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
Storrwater flan in accordance with Section 402(p)(3)(B) of the Clean Water Act, provisions
outlined by the Director, and the provisions of this permit.
The permit requires the development and proper implementation of the Stormwater flan. 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 flan 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 1 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 Perrnittee 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;
• uncontarinated 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 21-1
.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
Pennittce'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.
11. 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 pernut 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 pennittee will develop and maintain adequate legal mechanisms, such as restrictive
covenants, regulations, policies and procedures, to implement all provisions of the Stonnwater
Plan. The pennittee 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 Stormwatcr 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.
3. The pennittee will implement the components of the Stormwater Plan to prohibit, to the
maximum extent practicable, illicit connections, spills and illegal dumping into the separate
stor n 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.
5. The pennittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwatcr Plan.
6. The permittee will implement appropriate education, training, outreach, and public involvement
programs to support the objectives of this stonnwater 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 pen -nit. -
The pennittee 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 pennittee 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.
10. Proposed permit modifications must be submitted to the Director for approval.
Part I1 Page 1 of 12

PERMIT NO. NCS000517
SECTION 13: PUBLIC EDUCATION AND OUTREACH
I. 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 stonmwater pollution.
BMPs for Public Education and Outreach
The pennittee 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.
,BMPk°
s...� �`��_Me°asurableGoals
(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 infonn 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 coiruncrcial 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 11 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.
BMPs for Public Involvement and Participation
The pennittee 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� �,s r `I17eiis'uiabl"e Goals
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(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
Stormwatcr Plan and to promote ongoing participation in the stormwater
program.
Part II Page 3 of 12

PERMIT NO. NCS000517
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIIMINATION
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 stone 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.
BMPs for illicit Discharge Detection and Elimination
The pernittec 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.
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(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 storinwater
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 11 Page 4 of 12

PERMIT N0. NCS000517
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(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 II Page 5 of 12

PERMIT NO. NCS000517
SECTION E: CONSTRUCTION SITE RUNOFF -CONTROLS
1. Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwatcr runoff from construction activities.
(b) Provide procedures for public input, sanctions to cnsure 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.
13MPs 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 NCG010000 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 11 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 permitter shall implement the following BMPs to meet the objectives of the Post -
Construction Stormwater Management Program.
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(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 perfon-ned
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 I1 Page 7 of 12

PER.mrr NO. NCS000517
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(f) Post Construction
Storniwater control measures must control
Stormwater Management
and treat the difference between the pre -
Measures
development and post-devclopment 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.
Stormwatcr 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 II Page 8 of 12

PERMIT NO. NCS000517
SECTION G.- POLLUTION PREVENTION AND GOOD HOUSEKEEPING, FOR FSP
ACTIVITIES AND OPERATIONS
I, Objective for Pollution Prevention and Good Housekeeping for FSP Activities and
Operations
Prevent or reduce stormwater pollution from FSP activities and operations.
BYIPs 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 Housekeepinl' Program and shall notify the Division prior to modification
of any goals.
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(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
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(d) Operation and
The permittee shall provide the operation and
X
X
X
X
Maintenance
maintenance necessary to assure the
permitted stonmwater 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 stonnwater 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
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(h) Pesticide and Fertilizer
rSP 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.
(1) Training
All stort-nwater 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 11 Page 11 of 12

PERMIT NO. NCS000517
SECTION II: WATER QUALITY/IIYDRAULIC 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.
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.
AA �'i- easuralik Goals
(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/1-Iydraulic 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 II 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
pennittee'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 pennittee 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 pennittee 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.
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 III Page 1 of 2

PERMIT NO. NCS000517
plan. The pernuttee will provide certification in writing (in accordance with fart 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 infonnation 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.
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 ESP'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 environmental/stnrmwater
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 Il<our 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 inforniation 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.
S. 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 permitlee's Stonnwater Plan or for the entire Program,
7. Other Information
Where the permittce 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 tennination, revocation and reissuancc, or
modification; or denial of permit coverage upon renewal application.
(a) The pennittee 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 pen -nit 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 hmprovement 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, 318 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
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 1 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 pen -nit that has a reasonable likelihood of adversely affecting human health or the
environment.
Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittec 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 pennittee 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.
6. 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 pennittee 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 shal 1,
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.
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 perinittee 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

PERM IT 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 pennitted 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 pen -nit;
(b) Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this pen -nit;
(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 143-2153(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 21-1 .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
pen -nit condition.
Part VI Page 1 of I

PERMIT NO. NCS000517
PART Vll ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENT'S
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
21-1 .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part V1I Page I of 1

PERMIT NO. NCS000517
PART VIII DEFINITIONS
Best Manauement 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),
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.
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 hcaring,
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 DWQ
The.Division of Water Quality, Department of Environment and Natural Resources.
Director
The Director of the Division of Water Quality, the permit issuing authority.
Part VIII Page 1 of 4

PERMIT NO. NCS000517
8. EMC
The North Carolina Environmental Management Cormrnission.
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 stonnwater
except discharges pursuant to an NPDES permit (other than the NPDES separate storm sewer
system permit), allowable non-stonmwater 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-stonnwater Discharge Categories
The following are categories of non-stonmwater discharges that the pernuttee 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)], uncontanunated 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 VIII 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 Discharge 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.
1$. Public
All references in this permit to "the public" and "the corrununity" 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. Stonnwatcr 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 V11I Page 3 of 4

PERMIT NO, NCS000517
23. `roxic 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 of
7,826 of
20,720 of
Provided Storage:
37,688 of
4,465 of
8,539 cf
28,494 cf
Bioretention Areas
Basin # Storage Volume
A 1
686 of
A2
686 of
A3
686 of
A7
1,123 of
A8
1,023 cf
A29
223 of
A30
10,624 cf
B2
639 of
B3
1,391 of
C5
3,432 cf
D15
189 of
D24
884 of
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

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P,E., Director
May 7, 2007
Mr. Sam Young, President
The Fund for Sandy Point North Carolina, LLC
723 McMullan Ave. ## 305
Edenton NC 27932
Subject: Permit No. NCS000517
Sandy Point, Phase One
High Density Stormwater Project
Chowan County
Dear Mr. Young:
In accordance with your request to modify Permit No. NCS000517, we are forwarding;
herewith the revised NPDES permit. This permit is issued pursuant to the requirements of North
Carolina Gcneral Statute 143-215 .l 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, confonning 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 pcnnit 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 919/733-5083 ext. 545.
Sincerely,
;)24� )
Alan W. Klimek, P.I .
cc: Mike Mitchell, EPA Region IV
Central Files
Stannwate—r-and:General:P- Fn—niCUnita ilcs
DWQ Washington Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699.1617
512 N. Salisbury St., Raleigh, North Carolina 27604 One
Phone: [phone] FAX: [phone] / Internet: h2o. enr.state.nc.usNAaturally
orth C arof i n a
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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, III, IV, V, VI, VII and Vill hereof.
This permit shall become effective .tune 1, 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

' IPERMIT NO. NCS000517
TABLE OF CONTENTS
PART I
PERMIT COVERAGE -
PART II
FINAL LIMITATIONS AND CONTROLS FOR PERMITTED
DISCHARGES
SECTION A:
PROGRAM IMPLEMENTATION
SECTION 13:
PUBLIC EDUCATION AND OUTREACH
SECTION C:
PUBLIC INVOLVEMENT AND PARTICIPATION
SECTION D:
ILLICIT DISCHARGIE 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 fl:
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 RIEOPENER
PART VII
ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART Vlll
DEFINITIONS
ATTACHMENT A
PHASE 1 PROJECT DATA
0

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 ("Permittec" 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 Pennittee's Phase 11 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 "Stonnwater 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.
The issuance of this permit does not preclude the Pennittee 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 pennit, the Division has approved,
pursuant to 15A NCAC 214.1000, 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
C1:R 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 Stonnwater 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.
The permit requires the development and proper implementation of the Stonnwater Plan. The
purpose of the Stonnwater Plan is to reduce the discharge of pollutants from the separate stonn
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 I of 2

PERmrr NO. NCS000517
quality standards through the expansion and tailoring of management measures within the scope
of the Stormwater Plan.
S. The permit authorizes the point source discharge of stormwater runoff from the separate storm
sewer system. fn 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 21-1
.0200);
• springs;
• water from crawl space pumps;
• footing drains;
• lawn watering;
• residential and charity car washing;
• ' flows from riparian habitats and wetlands;
• •deeblorinated 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 casements. The final plats for the projects will be recorded showing all such
required common areas and casements, in accordance with approved plans.
H. 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 Pennittee having submitted a revision to the perrrtit
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 1 Page 2 of 2

PERMIT NO, NCS000517
PART II t:INA.L LIMITATIONS AND CONTROLS I{OR PERMITTED DISCHARGES
SECTION A: PROGRAM IMPLEi1'IENTATION
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.
2. 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 Stonmwater
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.
6. 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.
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
BM Ps.
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.
10. Proposed permit modifications must be submitted to the Director for approval.
Part I1 Page 1 of 12

PERMIT NO. NCS000517
SECTION 13: PUBLIC EDUCATION AND OUTREACH
I. 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 stortwater pollution.
(d) Inform the public on steps they can take to reduce of 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.
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"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 store- water 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 pcnnittee 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.
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(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 II Page 3 of 12

PERMIT NO. NCS000517
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
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
pern-ittee 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 Prograin and shall notify the Division prior to modification of any goals.
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(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
overnow 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
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Inform the public of hazards associated with
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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 II Page 5 of 12

PERMIT NO. NCS000517
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
Objectives for Construction Site Runoff Controls
(a) Reduce pollutants in stormwatcr 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 NCG010000 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 It Page 6 of 12

PERM IT NO. NCS000517
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
1. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development I redevelopment that drains to the
separate stonn 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.
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.
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(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 perfonned
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
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Stonnwater control measures must control
Stormwatcr 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 I SA NCAC 2H . I008(c).
All phased development that is part of a
larger coirunon 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
stonnwater management measures identified
above.
(g) Deed restrictions and
Deed restrictions and protective covenants arc
protective covenants
required by FSP to ensure that subsequent
development activities maintain the
development (or redevelopment) consistent.
with the approved plans.
Part 11 Page 8 of 12

PERMIT NO. NCS000517
SECTION G: POLLUTION PREVEN`!'ION AND GOOD HOUSEKEEPING FOR FSP
ACTIVITIES AND OPERATIONS
1. Objective for Pollution Prevention and Good Housekeeping for FSP Activities and
Operations
Prevent or reduce stonnwater pollution from FSP activities and operations.
BM Ps for the Pollution Prevention and Good Housekeeping for FSP Activities and
Operations
The pennittee shall implement the following BMI's to meet the objectives of the Pollution
Prevention and Good Housekeeping Program and shall notify the Division prior to modification
of any goals.
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(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
permittec 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.
(e) 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
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(d) Operation and
The permittee shall provide theoperatioji 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 nunimize pollutant
potential of stormwater runoff.
Pesticide and fertilizer usage shall be
restricted to those materials approved by
EPAINCDA 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 1I Page 10 of 12

PERMIT NO. NCS000517
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(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.
(1) 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 11 Page 11 of 12

PERMIT NO. NCS000517
SECTION H: WATER QUALITY/HYDRAULIC ASSESSMENT AND MONITORING
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.
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(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/I-lydraulic
biitiate 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 pemuttec
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 11 Page 12 of 12

PERMIT NO. NCS000517
PART III PROGRAM ASSESSMENT
Implementation of the Stonnwater 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 permittce 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 implernented 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 infonnation 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 pennittee 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.
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 permittce 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 III Page I of 2

PERMIT NO. NCS000517
plan. The perimittee 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 infonnation as necessary to assess the progress
and results of the Stormwater Plan.
Part III Page 2 of 2

PERMIT NO. NCS000517
PARTIV REPORTING AND RECORD KEEPING REQUIREMENTS
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
Stonnwater 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 environmentallstomnwater
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. 1 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 pennittee 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 pennittee 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 circucnstances.
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.
S. Annual Reporting
The pennittee 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 Stonnwatcr 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 permittce 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 pennit termination, revocation and reissuance, or
modification; or denial of permit coverage upon renewal application.
(a) The permittce 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 I 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 CPR 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, 318 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)(I3) 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 excccd $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 perrut 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, 143-215.6I3,
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 pernittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.
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.
6. Severability
The provisions of this pen -nit 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.
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 permittec 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 tenninated 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 13: 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
The pernuttee 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
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 pennittee 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) 1-lave 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 tithes, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
fart V Page 5 of 6

PERMIT NO. NCS000517
Availability of Reports
Except for data detennined 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 AI)MINISTERING 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
21-1 .0105(b)(4) may cause this Division to initiate action to revoke the permit.
Part V11 Page 1 of 1

PERMIT NO. NCS000517
PART Vlll DEFINITIONS
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.
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 DWQ
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
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 stonnwater
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-stonnwater Discharge Cate og ries
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,
dechlorinatcd 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 treasures 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 VIII 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. Pennittee
The owner or operator issued this pen -nit.
17. Point Source Discharge 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 pennit 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 stonnwater;
in. 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. Stonnwater 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 Vlll Page 3 of 4

PERMIT N0. 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:
ATTACHMENTA
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
13
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 of
7,826 cf
20,720 cf
Provided Storage:
37,688 cf
4,465 of
8,539 of
28,494 of
Bioretention Areas
Basin # Storage Volume
Al
686 cf
A2
686 cf
A3
686 of
A7
1,123 cf
A8
1,023 cf
A29
223 of
A30
10,624 cf
132
639 cf
133
1,391 of
C5
35432 of
D15
189 of
D24
884 of
Overflow from areas C & D flows to Wel 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

ALIT �-� WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
June 6, 2006
Mr. Sam Young, President
The Fund for Sandy Point North Carolina, LLC
723 McMullan Ave, # 305
Edenton NC 27932
Subject: Pen -nit No. NCS000517
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Sandy Point, Phase One
High Density Stormwater Project
Chowan County
Dear Mr. Young:
In accordance with your application for a stormwater discharge permit, we are forwarding
herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North
Carolina General Statute 143-215 A 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 adjudieatory
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 pert -nits 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 919/733-5083 ext. 545.
Sincerely,
Alan W. Klimek, P.E.
cc: Mike�Mitch II-EPW-Region-IV
Cen ral Files 4--00'
Stormwater-and-General-Permit' Uilit-Fi les
,� - - ---
UWQ Washington Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One
512 N. Salisbury St., Raleigh, North Carolina 27604 NorthCarolina
Phone: [phone]! FAX; 919-733-24961 Internet: h2o.enrstate.nc.us An Equal OpportunitylA6firmative Action Employer — 50% Recycled/10% Post Consumer Paper ;Vaturally

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, 1II, IV, V, VI, VIi and VIII hereof.
This permit shall become effective June 15, 2006.
This permit and the authorization to discharge shall expire at midnight on June I4, 2011.
Signed this day June 6, 2006,
Alan W. Klimek, PA., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

PERMIT NO, NCS000517
TABLE OF CONTENTS
PART 1
PERMIT COVERAGE
PART 11
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 1<:
POST -CONSTRUCTION SITE RUNOFF CONTROLS
SECTION G:
POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR FSP
ACTIVITIES AND OPERATIONS
SECTION 1-I:
WATER QUALITYIHYDRAULIC ASSESSMENT AND MONITORING
PART I11
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 Vll
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 H 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."
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.
The issuance of this permit does not preclude the Permittee from complying with any other
applicable federal, stale, 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 430-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 21-1.1000 (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 211.1000, 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 2H.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.
The permit requires the development and proper implementation of the Stormwater Plan. The
purpose of the Storrwater 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.
S. 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 Penn ittee 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.
H . 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 11 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.
2. 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.
3. 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 wilt 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.
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.
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.
10. Proposed permit modifications must be submitted to the Director for approval.
Part II Page 1 of 12

PERMIT NO. NCS000517
SECTION B: PUBLIC EDUCATION AND OUTREACH
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.
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.
aBMP ^ti
�Masu able Goa sF—��WY
R�YRA
All
(a) Resident education and
Develop and implement within 12 months of
X
X
X
X
X
outreach program
the permit issue date 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 12 months of
X
X
X
X
X
outreach program
the permit issue date 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
X
X
material 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 written educational material to
X
X
X
X
dissemination
residential property owners and businesses
via mailings, in community central areas and
other heavy traffic areas.
(e) Presentations
Present educational information at
X
X
X
X
homeowners association, business association
and other community meetings.
Part 11 Page 2 of 12

PERMIT NO. NCS000517
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
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.
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.
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(a) Administer a Public
Conduct public meetings to allow residential
X
X
X
Involvement Program
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.
— ffill;t��BMP, Y
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14.
5
(a) Illicit Discharge
Develop and implement an Illicit Discharge
X
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. NC5000517
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(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
I. 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 11 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 1 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.
#
k� BMT `
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�YR
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f YR�
fY.R�
�YRz
(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
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
maximum extent practicable
fecal coliform to the
maximum extent
practicable
Part II Page 7 of 12

PERMIT NO. NCS000517
.BMP
asuablelGoals �'
YR
YR
YR
IN
R
(0 Post Construction
Stormwater control measures must control and
Stormwater Management
treat the difference between the pre -
Measures
development and post -development conditions
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 listcd'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 II 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.
MA�?P�.Y�-
1. �
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(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 11 Page 9 of 12

PERMIT NO. NCS000517
BMP. -�
Mc sa urableGoals ti,
3 YlzYR
YRYR
(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
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 H Page 10 of 12

PERMIT NO. NCS000517
.� a ? w biz k w "; •
1' -,•. f6 .. ..r�} H,,,�..,s<d, r
*Measurablee'Goals,
!`hS i.^ k 3 1 �-i �a 4
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w
YR
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(h) Pesticide and Fertilizer
FSP shall annually review and amend as
X
X
X
X
Application Plan
appropriate the Pesticide and Fertilizer
Application Plan as additional development
of FSP 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 H Page 11 of 12

PERMIT NO. NCS000517
SECTION H: WATER QUALITYIHYDRAULIC 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.
W r BMP � Y"
N I
Measura}ilc Goals
YR
tu
�YR �
YR �
ON.
`PYR
(a) Water Quality/Hydraulic
Develop a Water Quality/Hydraulic
X
Assessment and
Assessment and Monitoring Plan to be
Monitoring Plan
submitted to DWQ within 12 months of the
effective date of the 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
X
X
X
X
Monitoring
Quality/Hydraulic Assessment 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
X
Quality/Hydraulic
appropriate, and submit to DWQ for approval
Assessment and
any amendments of, the Water
Monitoring Plan
Quality/Hydraulic Assessment and
Monitoring Plan as additional development of
FSP progresses.
Part 11 Page 12 of 12

PERMIT NO. NCS000517
PART III PROGRAM ASSESSMENT
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.
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 permit
anniversary date of each year 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 permittec 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 permttee 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 pennittee will provide a summary of activities undertaken as part of the Stonnwater
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.
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
plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph
Part III Page I of 2

PERMIT NO. NCS000517
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 Pennitting 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 environmental/stormwatcr
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 W 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 pern-littee 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 perinittee 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, 318 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 11 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 Iaws or regulations.
6. 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.
S. 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.
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. Blow 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 pen -nit; 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 143-215.6B'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 1 SA 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 V1I 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
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.
De� partment
Department means the North Carolina Department of Environment and Natural Resources
5. Division or DWQ
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 V11I Page 1 of 4

PERMIT NO. NCS000517
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 Activitv
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,
dechlorinatcd 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 coveants, 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 VIII 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 Discharge 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. Redevelo ment
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
S W7060113
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 of
4,454 cf
7,826 of
20,720 of
Provided Storage:
37,688 cf
4,465 cf
8,539 cf
28,494 cf
Bioretention Areas
Basin # Storage Volume
Al
686 of
A2
686 of
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

1
NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Mr. Sam Young, President
The Fund for Sandy Point North Carolina, LLC
723 McMullan Ave. # 305
Edenton NC 27932
Dear Mr. Young:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
June 6, 2006
Subject: Permit No. NCS000517
Sandy Point, Phase One
High Density Stonnwater Project
Chowan County
In accordance with your application for a stormwater discharge permit, we are forwarding
herewith the subject* state - NPDES permit. "Phis permit is issued pursuant to the requirements of North
Carolina General Statute 143-215 .I and the Memorandum ol-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 150E 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 pen -nits 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 919/733-5083 ext. 545.
Sincerely,
>)9� 9-5�
Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
Central Files
Stormwater and General Permit Unit Files
(D W_QyW ash i ngton-Rcg i ona l Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 one
512 N. Salisbury St., Raleigh, North Carolina 27604 NorthCarolina
Phone: [phone]I FAX: [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper ;Vaturally

STATE of NORTH CAROLINA
DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES
DIVISION of WATER QUALITY
PERMIT NO. NCS000517
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCIARGE 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 1,11, III, IV, V, VI, VII and V111 hereof.
This permit shall become effective June 15, 2006.
This permit and the authorization to discharge shall expire at midnight on June I4, 2011.
Signed this day June 6, 2006.
Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission

PERMIT NO. NCS000517
TABLE OF CONTENTS
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 II:
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
n

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 ("Pertnittee" or "FSP"), is
authorized to discharge stonnwater 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 II NPDES Stormwater Permit Application,
specifically including the Stormwater Management Program Report, and any approved
modifications thereto. The approach to stonnwater 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.
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 Pernuttce'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 214.1000, 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 2H.1000 but shall not require modifications to this NPDES
permit.
5. 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 Permittce 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.
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);
• spnngs;
• 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
Permittec's Stormwater Plan.
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.
11. 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.
2. 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 pennittee 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.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan.
b. 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.
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.
The permittec 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.
10. Proposed permit modifications must be submitted to the Director for approval.
Part 1I Page I of 12

PERMIT NO. NCS000517
SECTION B: PUBLIC EDUCATION AND OUTREACH
I. 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 pemvttee 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.
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(a) Resident education and
Develop and implement within 12 months of
X
X
X
X
X
outreach program
the permit issue date 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 12 months of
X
X
X
X
X
outreach program
the permit issue date 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
X
X
material 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 written educational material to
X
X
X
X
dissemination
residential property owners and businesses
via mailings, in community central areas and
other heavy traffic areas.
(e) Presentations
Present educational information at
X
X
X
X
homeowners association, business association
and other community meetings.
Part II Page 2 of 12

PERMIT NO. NCS000517
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
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.
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(a) Administer a Public
Conduct public meetings to allow residential
X
X
X
Involvement Program
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 pemuttee 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.
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(a) Illicit Discharge
Develop and implement an Illicit Discharge
X
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 R Page 4 of 12

PERMIT NO. NCS000517
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(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 1I 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 NCG010000 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 pernuttec must provide and promote a means for the public to notify the appropriate
authorities of observed erosion and sedimentation problems. The pernittee 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 H Page 6 of 12

PERMIT NO. NCS000517
SECTION F: POST -CONSTRUCTION SITE RUNOFF CONTROLS
I. Objectives for Post -Construction Site Runoff Controls
(a) Manage stormwater runoff from new development I 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 pennittee shall implement the following BMPs to meet the objectives of the Post -
Construction Stormwater Management Program.
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(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
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
maximum extent practicable
fecal coliform to the
maximum extent
practicable
Part II Page 7 of 12

PERMIT NO. NCS000517
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(f) Post Construction
Stormwater control measures must control and
Stormwater Management
treat the difference between the pre -
Measures
development and post -development conditions
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 U 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
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(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 11 Page 9 of 12

PERMIT NO. NCS000517
�BMP �
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(d) Operation and
The pernvttee 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
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 11 Page 10 of 12

PERMIT NO. NCS000517
is
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(h) Pesticide and Fertilizer
FSP shall annually review and amend as
X
X
X
X
Application Plan
appropriate the Pesticide and Fertilizer
Application Plan as additional development
of FSP 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 11 Page I 1 of .12

PERMIT NO, NCS000517
SECTION H: WATER QUALITY/IIYDRAULIC 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.
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(a) Water Quality/Hydraulic
Develop a Water Quality/Hydraulic
X
Assessment and
Assessment and Monitoring Plan to be
Monitoring Plan
submitted to DWQ within 12 months of the
effective date of the 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
X
X
X
X
Monitoring
Quality/Hydraulic Assessment 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
X
Quality/Hydraulic
appropriate, and submit to DWQ for approval
Assessment and
any amendments of, the Water
Monitoring Plan
Quality/Hydraulic Assessment and
Monitoring Plan as additional development of
FSP progresses-.
Part II Page 12 of 12

PERMIT NO. NCS000517
PART III PROGRAM ASSESSMENT
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 permit
anniversary date of each year 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
plan. The permittee will provide certification in writing (in accordance with Part W, Paragraph
Part III Page 1 of 2

PERMIT NO. NCS000517
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.
a. 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
I. 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 Penn fitting 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 environmental/stonnwater
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 systern, 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 W 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 small 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 lnflation'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 .122A1(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, 318 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
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,
143-2I5.6C 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 maybe 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.
6. 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 maybe 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
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
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 confonn 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 pen -nit, 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
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.
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, pernut 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
8. 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
II. Illicit Dischar e
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 Cate ones
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 coveants, 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 VIlI 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 Discharge 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 VIH 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 VH1 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
S13
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 of
20,720 cf
Provided Storage:
37,688 of
4,465 cf
8,539 cf
28,494 cf
Bioretention Areas
Basin 4 Storage Volume
Al
686 cf
A2
686 cf
A3
686 of
A7
1,123 cf
A8
1,023 of
A29
223 cf
A30
10,624 of
B2
639 of
B3
1,391 cf
C5
3,432 cf
D15
189 of
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

ATLA.
WCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
June 6, 2006
Mr. Sam Young, President
The Fund for Sandy Point North Carolina, LLC
723 McMullan Ave. # 305
Edenton NC 27932
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: Permit No NCSOOQ51.7-�
Sandy Point, Phase One
High Density Stortnwater Project
Chowan County
Dear Mr. Young:
In accordance with your application for a stormwater discharge permit, we are forwarding
herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North
Carolina General Statute 143-215 .l 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 150E 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 919/733-5083 ext. 545.
Sincerely,
Alan W. Klimek, P.E.
cc: Mike Mitchell, EPA Region IV
CCentral-Files
Stormwater and General Permit Unit Files
DWQ Washington Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699.1617 One
512 N. Salisbury St., Raleigh, North Carolina 27604 NorthCarolina
Phone: [phone] FAX: [phone] Internet: h2o.enr.state.nc.us
An Equal OpportunityWfirmative Action Employer — 50% Recycled/10% Post Consumer Paper ;Vatutrully

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 iw
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, 11,111, IV, V, VI, VII and VIll hereof.
This permit shall become effective June 15, 2006.
This permit and the authorization to discharge shall expire at midnight on June 14, 2011.
Signed this day June 6, 2006.
Alan W, Klimek, P. ., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
f

PERMIT NO. NCS000517
TABLE OF CONTENTS
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 1{SP
ACTIVITIES AND OPERATIONS
SECTION 1-1:
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 V1I
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 II 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 "Storrwater 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 pennit,
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 pen -nit covers activities associated with the discharge of stormwater from the separate storm
sewer system within the Sandy Point Development (the Permittee's 430-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 21-1,1000 (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 2H.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 Pemzittee 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.
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 (commerciaVresidential);
• irrigation waters (does not include reclaimed water as described in 15A NCAC 2I-I
.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.
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.
11. 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 1 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.
2. 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.
5. The permittee will maintain adequate funding and staffing to implement and manage the
provisions of the Stormwater Plan. '
b. 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.
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.
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.
10. 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.
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(a) Resident education and
Develop and implement within 12 months of
X
X
X
X
X.
outreach program
the permit issue date 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 12 months of
X
X
X
X
X
outreach program
the permit issue date 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
X
X
material 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 written educational material to
X
X
X
X
dissemination
residential property owners and businesses
via mailings, in community central areas and
other heavy traffic areas.
(e) Presentations
Present educational information at
X
X
X
X
homeowners association, business association
anI other community meetings.
Part 11 Page 2 of 12

PERMIT NO. NCS000517
SECTION C: PUBLIC INVOLVEMENT AND PARTICIPATION
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 13MPs to meet the objectives of the Public
Involvement and Participation Program and shall notify the Division prior to modification of any
goals. .
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(a) Administer a Public
Conduct public meetings to allow residential
X
X
X
Involvement Program
property owners an opportunity to review and
comment on the Stormwater Plan and to
promote ongoing participation in the
stormwater program.
Part II Page 3 of 12

PERMIT NO. NCS000517
SECTION D: ILLICIT DISCHARGE DETECTION AND ELIMINATION
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.
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Develop and implement an Illicit Discharge
X
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
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Inform the public of hazards associated with
X
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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 U Page 5 of 12

PERMIT NO. NCS000517
SECTION E: CONSTRUCTION SITE RUNOFF CONTROLS
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.
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 NCG010000 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 permtttee 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.
(c) 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 11 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.
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(a) Establish strategies to
Implement strategies that include a
X
X
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X
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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
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
maximum extent practicable
fecal coliform to the
maximum extent
practicable
Part II Page 7 of 12

PERMIT NO. NCS000517
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(f) Post Construction
Stormwater control measures must control and
Stormwater Management
treat the difference between the pre -
Measures
development and post -development conditions
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.
90 9- U'Ar
Part H 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.
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(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 11 Page 9 of 12

PERMIT NO. NCS000517
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Operation and
The perrnittee 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
c. 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
X
procedures that will be implemented t'o
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 11 Page 10 of 12

PERMIT NO. NCS000517
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(h) Pesticide and Fertilizer
FSP shall annually review and amend as
X
X
X
X
Application Plan
appropriate the Pesticide and Fertilizer
Application Plan as additional development
of FSP progresses.
(i) Training
All stormwater maintenance staff must be
X
X
X
properly trained to identify and remove
pollutants including sediments from the stonn
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 11 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.
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(a) Water Quality/Hydraulic
Develop a Water Quality/Hydraulic
X
Assessment and
Assessment and Monitoring Plan to be
Monitoring Plan
submitted to DWQ within 12 months of the
effective date of the 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
X
X
X
X
Monitoring
Quality/Hydraulic Assessment 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
X
Quality/Hydraulic
appropriate, and submit to DWQ for approval
Assessment and
any amendments of, the Water
Monitoring Plan
Quality/Hydraulic Assessment and
Monitoring Plan as additional development of
FSP progresses.
90 a - NnF
Part II 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 permit
anniversary date of each year 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 Stormwatcr 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 Stonnwater
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.
(t) 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
plan. The permittee will provide certification in writing (in accordance with Part IV, Paragraph
Part III Page I of 2

PERMIT NO. NCS0005 i 7
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.
90 8- Nor
Part III Page 2 of 2

PERMIT NO, NCS000517
PART IV REPORTING AND RECORD KEEPING REQUIREMENTS
1. Records
The perrnittee 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 environmental/stormwater
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 docu vent 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 perrittee 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 pernuttee'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 W 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 reissuanee, 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, 318 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 penally
assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for
Class 11 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, 143-215.6B,
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.
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.
6. 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. NC5000517
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 maybe 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. NC5000517
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
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.
go S- Hnr
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) I -lave 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 pen -nit 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 pennit 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.
90 3- Ur
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 pen -nit, 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

�1
PERMIT NO. NCS000517
00 8 - Nn
Part VII Page 1 of 1

PERMIT NO. NCS000517
PART V1II DEFINITIONS
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).
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.
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.
Department
Department means the North Carolina Department of Environment and Natural Resources
6. Division or DWQ
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
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 coveants, 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 duality
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 VIII 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. Perrnittee
The owner or operator issued this permit.
17. Point Source Discharge 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 stonmwater;
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,
90 0 - NA
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 Systcrns
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 of
20,720 cf
Provided Storage:
37,688 of
4,465 cf
8,539 cf
28,494 of
Bioretention Areas
Basin # Storage Volume
Al
686 cf
A2
686 of
A3
686 cf
A7
1,123 cf
A8
1,023 of
A29
223 cf
A30
10,624 cf
132
639 of
B3
1,391 cf
C5
3,432 cf
D15
189 of
D24
884 cf
Overflow from areas C & D flows to Wet Pond
Wet Pond Depth: 6.5 ft
Provided Storage Volume: 359,875 of
Provided Surface Area: 79,160 sf
Controlling Orifice: 14 — 2.0 inch holes @ elevation 2.5 ft