SW7040320_Final Permit_20040405

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Michael F. Easley, Gove r2
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Coleen Sullins, Deputy Director
Division of Water Quality
April 5, 2004
Mr. John McCandless
P.O. Box 111
Jarvisburg, North Carolina 27947
Subject: Stormwater SW7040320
Tuckers Lair
Currituck County
Dear Mr. McCandless:
r
The Washington Regional Office received the Stormwater Application for the subject
project on March 30, 2004. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW7040320 dated April 5, 2004 to John Candless for
Tuckers Lair.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specked therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final
and binding.
If you have any questions or need additional information concerning this matter, please contact Mr.
Roger Thorpe at [phone], extension 214.
Sincerely,
Jim Mulligan
Regional Water Quality Supervisor
cc: Currituck County Inspections
Hyman & Robey
Ai ashington Regional Office
Central Files
Washington Regional Office 943 Washington Square Mall, Washington NC 27889 252.946.6481(telephone), 252.946.9215(fax)

State Stormwater Management Systems Permit No. SW7040320
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE 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
John McCandless
Currituck County
FOR THE
construction, operation and maintenance of stormwater management systems 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 grass
swales and buffers to serve Tuckers Lair located in Currituck County.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
DESIGN STANDARDS
The following criteria are approved as meeting the stormwater rules for this project:
a. The total area for this project is 5.15 acres.
b. Total impervious area proposed for this project site is 1.38 acres.
C. Total number of lots is 5.
d. Allowable built -upon area must be consistent with proposed plans and restrictions
submitted in the application by the permittee.
The overall tract built -upon area percentage or lot sizes for the project must be maintained at
levels at least as stringent as the low density levels specified in the stormwater rules.

'3. The development must demonstrate that no areas within the project site are of such high
density that stormwater runoff threatens water quality.
4. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit.
5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales
with minimum side slopes of 3:1 (H:V) or curb outlet systems as defined in the stormwater
rules and approved by the Division.
6. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious surface such
as a road.
b. That minimum amount needed under driveways to provide access to lots.
7. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between
all impervious areas and surface waters.
8. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative
practices (such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving approval from
the Division.
9. Each of the lots in the subdivision will be limited to the amount of built -upon area indicated in
the approved plans and consistent with item 1 above.
10. The permittee is responsible for verifying that the proposed home plans do not exceed the
allowable built -upon area. Once the lot transfer is complete, the home plan may not be revised
without approval from the permittee, and responsibility for meeting the built -upon area limit is
transferred to the individual homeowner.
11. The Engineer/Owner/Developer/Permittee must certify in writing that the project's stormwater
controls, and impervious surfaces have been constructed within substantial intent of the
approved plans and specifications.
12. Deed restrictions are incorporated into this permit by reference and must be recorded with the
Office of Register of Deeds. A copy of the recorded restrictions must be received by this Office
within 30 days of the date of recording. Recorded deed restrictions must include, as a
minimum, the following statements related to stormwater mangement:
a. A statement of the allowable built -upon area per lot in the following form:
"The allowable built -upon area per lot shall not exceed 10,000 square feet; inclusive of that
portion of the right-of-way between the front lot line and the edge of the pavement, structures,
pavement, walkways of brick, stone, slate, not including wood decking."
b. Items related to stormwater management must remain in the deed restriction, and this is
to be indicated by including the following: 'The covenants pertaining to stormwater regulations
may not be changed or deleted without concurrence of the State."
C. To assure that vegetated conveyances are not piped (in accordance with item 5) deed
restrictions must indicate that:
"Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons."

13. The following items will require a modification to the permit:
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 of the project area.
In addition, the Director may determine that other revisions to the project should require a
modification to the permit.
14. 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.
II. SCHEDULE OF COMPLIANCE
1. The permittee shall comply with the following schedule for construction and maintenance of the
Low Density Option stormwater systems:
a. 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 except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
2. 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 revegetating of the side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved plans and specifications.
3. The permittee shall submit recorded deed restrictions limiting built -upon area per lot in
accordance with Part I, item 9, within 30 days of the date of recording.
4. The Permittee shall submit the Engineer/Owner/Designer/Permittee Certification in accordance
with Part I, item 12,within 30 days of completion of the project.
5. The permittee shall submit all information requested by the Director or his representative within
the time frame specified in the written information request.
Ill. GENERAL CONDITIONS
1. 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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11 '2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a
request for a permit modification, revocation and reissuance, or termination does not stay any
permit condition.
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 Title 15A of the North Carolina Administrative Code,
Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et.al.
5. The permittee shall submit to the Director and shall have received approval for revised plans,
specifications, and calculations prior to construction, for those revisions under any of the
following conditions:
a. Any additions, deletions or redesign of the previously permitted amount of built -upon
area proposed regardless of the size of the modification.
b. Further subdivision of the project area.
6. The permit is not transferable to any person except after notice to and approval by the
Director. The Director may require modification or revocation and reissuance of the permit to
change the name and incorporate such other requirements as may be necessary. A formal
permit request must be submitted to the Division of Water Quality accompanied by the
appropriate fee, documentation from both parties involved, and other supporting materials as
may be appropriate. The approval of this request will be considered on its merits, and may or
may not be approved.
7. 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.
Permit issued this the 5 th day of April, 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek
Division of Water Quality .
By Authority of the Environmental Management Commission
Permit Number SW7040320