SW7030421_Final Permit_20120220

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
February 20, 2012
County of Currituck
Attn: Mr. Daniel E. Scanlon II
153 Courthouse Rd, Suite 204
Currituck, NC 27929
MODIFICATION For
Subject: Stormwater Permit No. SW7030421
Southern Outer Banks Water Treatment
Plant
Low Density Stormwater Project
Currituck County
Dear Mr. Scanlon:
The Washington Regional Office received a stormwater application for the subject project on
December 15, 2011. A review of the project has been completed and it has been determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211,
and Title 15A NCAC 21-1.1000. We are forwarding Stormwater Permit No. SW7030421 dated
February 20, 2012, for the construction of the subject project.
This permit rescinds all previous stormwater permits for this site, and shall be effective from the date
of issuance until rescinded and shall be subject to the conditions and limitations as specified therein,
and does not supercede any other agency permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
North Carolina Division of Water Quality Intemet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 VAX 252-946-9215
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
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County of Currituck
February 20, 2012
Page Two
If you have any questions, or need additional information concerning this matter, please contact either
Bill Moore or me at [phone].
incerely,
AI d e
9
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Regional Supervisor
Surface Water Protection Section
cc: Hazen and Sawyer Inc
Eric Weatherly, Currituck County Inspections
Washington Regional Office,i

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STATE OF NORTH'CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
County of Currituck
Southern Outer Banks Water Treatment Plant
Currituck County
FOR THE
construction, operation and maintenance of a low density development in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved
stormwater management plans and specifications, and other supporting data as attached and on file
with and approved by the Division of Water Quality and considered a part of this permit for proposed
modifications to the existing Water Treatment Plant located at 734 Ocean Trail, Corolla, NC.
This permit rescinds all previous stormwater permits for this site, and shall be effective from the date
of issuance until rescinded and shall be subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1. This permit is for proposed modifications to an existing water treatment plant site. The
modifications will result in a total built -upon area of 1.50 acres on the existing 14.63 acre site.
2. The overall tract built -upon area percentage for the project must be maintained at no more
than 24%, as required by Session Law 2008-211 and Section 2H.1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit and shall be kept on file by the permittee at
all times.
4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales
with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the
Division.
5. No piping is allowed except that minimum amount necessary to direct runoff beneath an
impervious surface such as a road or to provide access.
6. The built -upon areas associated with this project shall be located at least 50 feet landward of
all perennial and intermittent streams or other surface waters.
7. Roof drains must terminate at least 50 foot from the Mean High Water line.

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8. No direct discharges to class SA or SR Waters are allowed. Diffuse flow of stormwater at a
nonerosive velocity to a vegetated buffer or other natural area capable of providing effective
infiltration of the runoff from the 1 year 24-hour storm shall not be considered a direct point of
stormwater discharge.
II. SCHEDULE OF COMPLIANCE
The permittee is responsible for verifying that the proposed built -upon area does not exceed
the allowable built -upon area.
2. The Director may notify the permittee when the permitted site does not meet one or more of
the minimum requirements of the permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director for modifying the site to meet
minimum requirements. The permittee shall provide copies of revised plans and certification in
writing to the Director that the changes have been made.
3. This project may not be sold or subdivided in whole or in part without first receiving a permit
modification from the Division.
4. Prior to the subdivision and/or sale of this project, in whole or in part, the following deed
restrictions must be recorded with the Office of the Register of Deeds:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW7030421, as issued by the Division of
Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
G. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division of Water Quality.
f. This project is permitted for a maximum of 1.50 acres of built -upon area. Construction
of additional built -upon area in excess of this amount will require a permit modification.
g. This project may not be sold or subdivided, in whole or.in part, without first receiving a
permit modification from the Division.
h. Construction of additional impervious areas such that low -density requirements are no
longer met will require a permit modification prior to construction. An engineered system
will be required to collect and treat the runoff from all built -upon area associated with the
project, including that area permitted under the low density option.
i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
this development, except for average driveway crossings, is strictly prohibited by any
persons.
j. The built -upon areas shall be located a minimum of 50 feet landward of all perennial
and intermittent surface waters.
5. A copy of the recorded restrictions must be received in this Office within 30 days of the date of
sale.
6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
permitted development, except for average driveway crossings, is strictly prohibited by any
persons.

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7. Projects within DCM's Area of Environmental Concern (AEC) are subject to a reduction of the
permitted amount of built -upon area due to CAMA jurisdiction within the AEC. The more
restrictive of the two numbers shall be considered the maximum BUA.
8. The permittee shall submit to the Director and shall have received approval for revised plans,
specifications, and calculations prior to construction, for any modification to the approved
plans, including, but not limited to, those listed below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of the project area in whole or in part. The
project area is defined as all property owned by the permittee, for which Sedimentation
and Erosion Control Plan approval was sought.
f. Filling in, altering or piping any vegetative conveyance shown on the approved plan.
9 Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and
be operational for their intended use prior to the construction of any built -upon surface.
10 During construction, erosion shall be kept to a minimum and any eroded areas of the swales or
other vegetated conveyances will be repaired immediately.
11 The permittee shall at all times provide the operation and maintenance necessary to operate
the permitted stormwater management systems at optimum efficiency to include:
a. Inspections
b Sediment removal.
C. Mowing, and re -vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
12. Within 30 days of completion of the project, the permittee shall certify in writing that the project
has been constructed in accordance with the approved plans.
13. The permittee shall submit all information requested by the Director or his representative within
the time frame specified in the written information request.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and approval by the
Director. The Director may require modification or revocation and re -issuance of the permit to
change the name and incorporate such other requirements as may be necessary: In the event
of a name or ownership change, a completed Name/Ownership Change form, signed by both
parties, must be submitted to the Division of Water Quality accompanied by the supporting
documentation as listed on page 2 of the form. The approval of this request will be considered
on its merits, and may or may not be approved.
The permittee is responsible for compliance with all permit conditions until the Director
approves a transfer of ownership. Neither the sale of the project nor the transfer of common
areas to a third party, such as a homeowner's association, constitutes an approved transfer of
the stormwater permit.
Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality, in accordance with North
Carolina General Statutes 143-215.6A to 143-215.6C.

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4. The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws,
rules, and regulations contained in Session Law 2008-211 and Title 15A NCAC 2H.1000 of the
North Carolina Administrative Code; and North Carolina General Statute 143-215.1 et. al.
5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective action, including those as may be
required by the Division, such as the construction of additional or replacement stormwater
management systems.
6. The permittee grants permission to DENR Staff to enter the property during normal business
hours, for the purpose of inspecting all components of the stormwater management facility.
7. The permit issued shall continue in force and effect until revoked or terminated. The permit
may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and re -issuance, or termination does not stay any permit
condition.
8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and
Design Manual.
9. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
10. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances, which may be imposed by other government
agencies (local, state and federal), which have jurisdiction.
11. The permittee shall notify the Division in writing of any name, ownership or mailing address
changes at least 30 days prior to making such changes.
Permit issued this the 20 th day of February, 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-- ---" = - - ----------------
for Charles Wakild, PE, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7030421