SW7060205_Final Permit_20190911

ROY COOPER
MICHAEL S. REGAN
Secre[.r�
S. DANIEL SMITH
Dvector
River Bluffs Limited Partnership
Attn: John Eagan, Registered Agent
PO Box 25168
Winston Salem, NC 27144
Dear John Eagan:
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September 11, 2019
Subject: Stormwater Permit No. SW7060206 MOD
River Bluffs, Section VIII
Low Density Subdivision Project
Craven County
The Washington Regional Office received a complete Stormwater Management Permit
Application for the modification of the River Bluffs, Section VIII project on August 30, 2019, 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. SW7060205 MOD dated September 11, 2019 for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded, shall void permit
SW7060205 issued on April 25, 2006 and shall be subject to the conditions and limitations as
specified therein, and does not supercede any other agency permit that may be required. Please
pay special attention to the conditions listed in this permit regarding the Operation and
Maintenance of the SCM(s), recordation of deed restrictions, certification of the SCM's,
procedures for changing ownership, and transferring the permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system, to record deed
restrictions, to certify the SCM's, to transfer the permit, or to renew the permit, will result in future
compliance problems.
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
150E 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.
Please contact me at [phone] if you have any questions.
Siinc�erellyy,
William Carl Dunn, PE
Environmental Engineer
cc: Kevin Avolis, PE — Avolis Engineering, PA ([e-mail])
Craven County Inspections — Shelton Toler ([e-mail])
Washington Regional Office
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
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
River Bluffs Limited Partnership
River Bluffs, Section Vlll
River Bluffs Drive, New Bern, Craven County
FOR THE
construction, operation and maintenance of a low density residential development 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 Energy, Mineral and Land Resources and considered a part of this
permit.
This 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
Each of the 51 lots in this 52.6 acre residential development is limited to a
maximum 5,050 square feet of built -upon.
The overall tract built -upon area percentage or lot sizes for the project must be
maintained at 30% or less per the requirements of Section .1005 of the
stormwater rules.
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 feet wide vegetative
buffer between all impervious areas and surface waters.
5. 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.
II. 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. Mowin.9, 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. 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 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.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
The Director may determine that other revisions to the project should require a
modification to the permit.
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.
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 Energy,
Mineral and Land Resources, and responsibility for meeting the built -upon area
limit is transferred to the individual property owner, provided that the permittee
complies with the requirements of Section 11.11 of this permit.
10. 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.
11. 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 SW7060205 as issued by
the Division of Energy, Mineral and Land Resources under NCAC
2 H.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 Energy, Mineral and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Energy, Mineral and Land
Resources.
f. The maximum built -upon area per lot is 5,050 square feet. 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 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. Each lot will maintain a 30' wide vegetated buffer between all impervious
areas and surface waters.
i. All roof drains shall terminate at least 30' from the mean high water mark.

12. 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.
13. 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.
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.
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.
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 Energy, Mineral
and Land Resources, in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
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.
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 Energy, Mineral and Land Resources 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 DEQ Staff to enter the property during
business hours for the purposes of inspecting the stormwater management
system and it's components.
9. The permittee shall notify the Division of Energy, Mineral and Land Resources of
any name, ownership or mailing address changes within 30 days.
Permit issued this the 11"' day of September, 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
For Danny Smith, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7060205