SW7041105_Transfer Owner_20120229

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MURK
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Charles Wakild, P.E.
Director
Mr. Tim Sweeney, Registered Agent
130 of Chatham, LLC
3409 Birk Bluff Court
Cary, NC 27518
Dee Freeman
f1M
Subject: Stormwater Permit No. SW7041105 — Ownership Change
Palmetto Point
Low Density Stormwater Project
Dare County
Dear Mr. Sweeney:
The Washington Regional Office received a completed Stormwater Management Permit
Ownership Change for for the subject project on February 13, 2012. 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.
SW7041105 dated February 29, 2012, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded, shall void Permit
Number SW7041105 issued on October 17, 2008, 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issuance until rescinded and shall be subject to the conditions and limitations as specified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. The originally
approved plans (approved on April 7, 2005) are still in effect and shall be transferred from Mr.
David Deel to 130 of Chatham, LLC.
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 either Samir Dumpor, or me at [phone].
Al�bdge 9 1-i
Regional Supervisor
Surface Water Protection Section
cc: David Deel, PE, PO Box 3901, Kill Devil Hills, NC 27948
Pare County Planning/Inspections
,,'Washington Regional Office
North Carolina Division of Water Quality Intemet www ncwaterqualitv.ore
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] N&fth aarrolliina
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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
130 of Chatham, LLC
Palmetto Point
Dare 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 "store mater 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 Palmetto
Point located off Colington Road near Kill Devil Hills, NC.
This Permit replaces the previous permit October 17, 2008, 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. Each of the (4) residential subdivision lots shall be limited to a maximum built -upon area of
20,000 sf.
2. The overall tract built -upon area percentage for the project must be maintained at, or below
30%, as required by Section .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.
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. 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
7. Roof drains must terminate at least 30 feet from the Mean High Water line.

II. SCHEDULE OF COMPLIANCE
Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between
all impervious areas and surface waters.
The permittee is responsible for verifying that the proposed built -upon area does not exceed
the allowable built -upon area.
3. 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.
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 SW7041105, 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.
C. 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.
The maximum built -upon area per lot is 20,000 sf. This allotted amount includes any
built -upon area constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built -upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
but does not include raised, open wood decking, or the water surface of swimming
pools.
Construction of additional impervious areas such that low density requirements are no
longer met must be submitted to DWQ and a permit modification must be issued 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.
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.
A minimum 30 foot wide vegetated buffer area shall be provided between surface
waters and all impervious surfaces.

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.
7. Projects within CAMA'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.
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. 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 revegetating 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
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.

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. This permit is not transferable 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. The
permittee is responsible for compliance with all permit conditions until the Director approves
the transfer.
6. The permittee grants permission to DENR Staff to enter the property for the purpose of
inspecting all components of the stormwater management facility.
7. The permittee shall notify the Division of any name, ownership or mailing address changes
within 30 days.
8. This project proposes the use of a wet detention basin to comply with local requirements. The
proposed wet detention basin will be reviewed and permitted through the local government.
9. 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 129th day of February, 2012.
NO TH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-_--_ --------------------
for Charles Wakild, PE, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7041105 — Ownership Change