SW7050108_Final Permit_20050318

W ArFR Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 18, 2005
Mr. Eric Avery, Partner
Carlyle -On -The -Sound, LLC
821 Ocean Trail, Suite 4
Corolla, NC 27927
Subject: Permit No. SW7 050108
Carlyle On The Sound Subdivision
Low Density Subdivision Stormwater Permit
Dare County
Dear Mr. Avery:
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
Carlyle On The Sound Subdivision on March 16, 2005. 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. SW7 050108, dated March 18, 2005, for the
construction of the project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the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.
If you have any questions, or need additional information concerning this matter, please contact Roger
Thorpe at [phone].
Sincerely, 1
6,,P
Edward Beck
Acting Regional Supervisor
Surface Water Protection Section
EB/:ghb S:\WQS\STORMWAT\PERMIT\050108.Mar05
cc: Eduardo J. Valdivieso, P.E (Quible & Associates)
Dare County Inspections
NCDOT district engineer Dare County
Gary Beecher (DWQ)
Central Files
Division of Coastal Management (Washington Region)
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North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877.623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.encslate.nc.us
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State Stormwater Management Systems
Permit No.SW7 050108
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
Mr. Eric Avery, Partner
Carlyle -On -The -Sound, LLC
Carlyle On The Sound Subdivision
Dare County
FOR THE
construction, operation and maintenance of a 30% low density subdivision 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.
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
1. Each of the 73 lots is limited to the maximum square footage of built -upon area as
indicated in the table below. CAMA regulations may reduce the allowable built -upon area
for those lots within the AEC.
Lot #
MAX
BUA
1
8,773
2
8,197
3
8,907
4
6,249
5
5,538
6
4,827
7
8,607
8
15,627
9
9,945
10
6,193
11
8 087
12
9,241
Lot #
MAX
BUA
61
10,825
62
10,802
63
8,982
64
8,506
65
6,641
66
5,991
67
5,769
68
5,753
69
5,897
70
6,381
71
6,312
72
5,627
73
8,990

State Stormwater Management Systems
Permit No.SW7 050108
2. The overall tract built -upon area percentage or lot sizes for the project must be
maintained at 30%, per the requirements of 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. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer
between all impervious areas and surface waters.
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.
6. All roof drains must terminate at least 30' from the mean high water mark.
Il. SCHEDULE OF COMPLIANCE
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.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
3. 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.
4. Deed restrictions are incorporated into this permit by reference and must be recorded with
the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions
must include, as a minimum, the following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 050108, 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.
f. The maximum built -upon area per lot in square feet is listed above in Section I-1.
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, and coquina, but does not

State Stormwater Management Systems
Permit No.SW7 050108
include raised, open wood decking, or the water surface of swimming pools.
g. 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.
h. Lots within CAMA's Area of Environmental Concern may have the permitted
built -upon area reduced due to CAMA jurisdiction within the AEC.
i. Each lot will maintain a 30' wide vegetated buffer between all impervious areas
and surface waters.
j. All roof drains shall terminate at least 30' from the mean high water mark.
The permittee shall submit a copy of the recorded deed restrictions, which indicates the
approved built -upon area per lot within 30 days of the date of recording.
The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
No piping shall be allowed except that minimum amount necessary to direct runoff
beneath an impervious surface such as a road and that minimum amount needed under
driveways to provide access to lots.
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.
The permittee is responsible for verifying that the proposed built -upon area does not
exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon
area may not be revised without approval from the Division of Water Quality, and
responsibility for meeting the built -upon area limit is transferred to the individual
property owner.
10. If the permittee sets up an Architectural Review Committee (ARC) to review plans for
compliance with the restrictions, the plans reviewed must include all proposed built -upon
area (BUA). Any approvals given by the ARC do not relieve the lot owner of the
responsibility to maintain compliance with the permitted BUA limit.
11. Within 30 days of completion of the project, the 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. Any deviation from the
approved plans must be noted on the Certification.
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.
13. 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:

State Stormwater Management Systems
Permit No.SW7 050108
a. Any revision to any of the items shown on the approved plans, including the
stormwater management system, design concept, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage
area.
C. Further subdivision, acquisition, or selling of the project area.
f Filling in, altering or piping any vegetative conveyance shown on the approved
plan.
14. The Director may determine that other revisions to the project should require a
modification to the permit.
15. Stormwater conveyances will be located in -either dedicated right-of-way (public or
private), recorded common areas or recorded drainage easements. The final plats for the
project will be recorded showing all such required easements, in accordance with the
approved plans.
I11. 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 re -issuance, 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 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 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.
6. The permittee is responsible for compliance with all permit conditions until such time as
the Division approves the permit transfer request. Transfers to third parties by the
permittee where the required documentation has not been submitted to the Division does
not relieve the permittee of responsibility for transferring the permit.
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. If any of those permits result in
revisions to the plans, a permit modification must be submitted.
8. The permittee grants permission to DENR Staff to enter the property during business
hours for the purposes of inspecting the stormwater management system and it's
components.

State Stormwater Management Systems
Permit No.SW7 050108
9. The permittee shall notify the Division of Water Quality of any name, ownership or
mailing address changes within 30 days.
Permit issued this the 18th day of March 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
6"a -
-- - -- - -------------------------------------------
Alan W. Klimek„ P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7 050108