SW7040513_Final Permit_20040726

wa-Ro
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor
July 26, 2004
Mr. John Wehrenberg
1700 John Small Avenue
Washington, North Carolina 27889
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: Stormwater SW7040513
Tree Shade Subdivision
Beaufort County
Dear Mr. Wehrenberg:
The Washington Regional Office received the Stormwater Application for the subject
project on May 11, 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
211.1000. We are forwarding Permit No. SW7040513 dated July 26, 2004 to John Wehrenberg
for Tree Shade Subdivision.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified 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,
7T7"--
1w Jiln Mulligan
Regional Water Quality Supervisor
cc: Beaufort County Inspections
Ajyolis Engineering
✓Washington Regional Office
Central Files
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 NOnrthC�1TO11na
Phone: [phone] FAX [phone] / Internet: h2o.enr.state.nc.us
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State Stormwater Management Systems
Permit No. SW7040513
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 Wehrenberg
Beaufort 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 5 vegetated curb outlet swales and buffers to serve Tree Shade Subdivision located in
Washington, NC.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
The following criteria are approved as meeting the stormwater rules for this project: .
a. The total area for this project is 36.9 acres.
b. Total impervious area proposed for this project site is 7.5 acres.
C. Total number of lots is 35.
d. Allowable built -upon area must be consistent with proposed plans and restrictions
submitted in the application by the permittee.

2. 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.
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.
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 projects 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 (see attachment); 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.
IL SCHEDULE OF COMPLIANCE
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.
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.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the
Pernrittee to an enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
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 26 th day of July, 2004.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
�, Aran W. Klimek
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7040513

r
ALLOWABLE BUILT -UPON AREAS
TREE SHADE SUBDIVISION
1700 JOHN SMALL AVENUE
WASHINGTON, NORTH CAROLINA
ALLOWABLE
LOT #
TOTAL AREA
IMPERVIOUS AREA
% BUA
1
160,200 SF
10,000 SF
6.2%
2
29,300 SF
6,500 SF
22.2%
3
29,300 SF
6,500 SF
22.2%
4
30,100 SF
6,500 SF
21.6%
5
26,100 SF
6,500 SF
24.9%
6
28,400 SF
6,500 SF
22.9%
7
40,700 SF
6,500 SF
16.0%
8
36,200 SF
6,500 SF
18.0%
9
40,600 SF
6,500 SF
16.0%
10
33,100 SF
6,500 SF
19.6%
11
27,600 SF
6,500 SF
23.6%
12
23,900 SF
6,500 SF
27.2%
13
51,300 SF
7,500 SF
14.6%
14
42,900 SF
7,500 SF
17.5%
15
33,000 SF
7,500 SF
22.7%
16
29,100 SF
6,500 SF
22.3%
17
54,800 SF
6,500 SF
11.9%
18
47,278 SF
6,500 SF
13.8%
19
25,400 SF
6,500 SF
25.6%
20
39,100 SF
6,500 SF
16.6%
21
39,600 SF
6,500 SF
16.4%
22
38,100 SF
6,500 SF
17.1%
23
29,200 SF
6,500 SF
22.2%
24
24,500 SF
6,500 SF
26.5%
25
28,100 SF
6,500 SF
23.1%
26
29,500 SF
6,500 SF
22.0%
27
40,000 SF
6,500 SF
16.3%
28
61,500 SF
6,500 SF
10.6%
29
36,200 SF
6,500 SF
18.0%
30
66,000 SF
6,500 SF
9.9%
31
86,200 SF
6,500 SF
7.5%
32
59,000 SF
6,500 SF
11.0%
33
51,000 SF
6,500 SF
12.8%
34
35,900 SF
6,500 SF
18.1%
35
33,000 SF
6.500 SF
19.7%
234,000 SF