SW7040827_Modification_20040917

IA�d
Michael F. Easley, Governor
William G. Ross Jr., Secretary
rNorth
Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DIVISION OF WATER QUALITY
September 17, 2004
6/5 Defense, LLC
Attn: Mr. Nils Ladenburg
4628 N. Croatan Highway
Kitty Hawk, NC 27949
Subject:
Dear: Mr. Ladenburg:
Stormwater Permit'No. SW7040827
Villages at Ocean Hill, Phase 5
MODIFICATION
Low Density Stormwater Project
Currituck County
The Washington Regional Office received your completed
Stormwater Application for the subject project on September 91
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. SW7040827 dated September 17, 2004 to 6/5 Defense, LLC.
This permit replaces SW7021026, and 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the date of issuance until rescinded and shall be subject to the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, 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 Internet h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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6/5 Defense, LLC
September 17, 2004
Page Two
If you have any questions, or need additional information
concerning this matter, please contact me at [phone],
extension 264.
Since/.re/ley,
William J. Moore
Environmental Engineer
Washington Regional Office
cc: Bissell Professional Group
Currituck County Planning/Inspections
Washington Regional Office
Central Files

State Stormwater Management Systems
Permit No. SW7040827
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
6/5 Defense, LLC
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 vegetated buffers to serve the Villages at Ocean
Hill, Phase 5 Modifications, located at Corolla, NC.
This Permit replaces SW7021026, 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. The following criteria are approved as meeting the stormwater
rules
for this project:
a.
The total area for this
project is
15.56 acres.
b.
Total impervious area
for this
project site is 2.78
acres.
C.
d.
Total number of lots is
Allowable built -upon
27.
area must
be consistent with
proposed restrictions submitted in
the application by the
permittee.
3

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.
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 for driveway 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. In addition, projects in the Neuse and Tar -
Pamlico River Basins must comply with the Riparian Buffer
Rules.
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. 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 management:
a. A statement of the allowable built -upon area per lot in
the following form:
"The allowable built -upon area shall not exceed the
square feet shown in the following 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." 4

S- 9-01p11:10 :5 D 3
.252 tot Y cG
0 = I 2
1968
Villages @ Ocean Hill Phase a
Low Density Stormwater Calculations
Area (sf)
Area (ac)
Right-of-way area:
60,856
1.40
Impervious Road Coverage
45,025
1,03
Total lmperviousCoverage
45.025
1.03
in Right -of -Way
Impervious Lot Coverage:
76,230
1.75
Total Impervious Coverage:
121,266 2.78
Total Project Area:
677,794 15.56
%Impervious Coverage
17.89%
Allowable Impervious
Coverage:
30%
9/9l2004
Denotes proposed impervious
lot coverage exceeding 30% based
on the developable area available
specified impervious lot coverage has
been increased to a maximum 2,500s.f.
A minimum filtration length of 100 I.f.
has been provided to accommodate the
increased runoff from all imp. surfaces
A.C.O.E. "404" fill permits have been req'd
for the development of lots 18, 27 & roadway
construction.
Ev'b

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."
10. 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.
11. 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. Change 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.
12. 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:
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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_o-f -side_-sloped ;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 10,
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 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.
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.
C1

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.
- - --- ----5-,---T-he- pe-rmi-t- is _not_-tr.ans.fex_able_ 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 17 th day of September, 2004.
NORTH CAROLINAANVIRONMENTAL MANAGEMENT
Alan W. Kl' k, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7040827
7