SW7080302_Final Permit_20080502

WOCRa
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colson H. Sullins, Director
Division of Water Quality
May 2, 2008
Attn: William Tingle
1117 Neuse Drive
Oriental, NC 28571
Subject: Stormwater Review SW7080302
The Preserve Subdivision
Low Density Stormwater Permit
Pamlico County
Dear Mr. Tingle:
The Washington Regional Office received a complete Stormwater Management Permit Application for the subject
project on March 3, 2008. 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 21-1.1000. We are forwarding
Permit No. SW7080302 dated May 2, 2008, for the construction of the subject 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and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 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.
If you have any questions, or need additional information concerning this matter, please contact either Ernest
Odei-Larbi or me at [phone].
'ncerel ,
g upervisor
Surface Water Protection Section
Washington Regional Office
AH/eol: J:\WPDATA\WQS\ State SW-EOL\Permits — Low density\2008
cc: Phil Hamer, E.1 (MacConnell & Associates, PC, P.O. BOX 129, Morrisville, NC 27560)
Wmlico County Planning/Inspection
ashington Regional Office
Central File
North Carolina Division of Water Quality Internet: www ncwateraualitv.ore One
943 Washington Square Mall Phone [phone] NOl'thC3rohna
Washington, NC 27889 Fax [phone] Naturally/
An Equal Opportunity/Alrumative Action Employer— 50 % Recycled/l0% Post Consumer Paper

State Stonnwater Management Systems
Permit No. SW7080302
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
William Tingle
Pamlico County
FOR THE
construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of
Session Law 2006-246 and 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 Sand Filter shown on
the plans for nutrient removal is under the jurisdiction of Pamlico County.
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 8 lots in this 20.86 acre residential development is limited to a maximum square footage of
built -upon area of 9000. CAMA regulations may reduce the allowable built -upon area for those lots within
the AEC.
2. The overall tract built -upon area percentage for the project must be maintained at 25 per the
requirements of Session Law 2006-246 and Section .1005 of the stormwater rules.
3. The built -upon areas associated with this project shall be located at least 50 feet landward of all perennial
and intermittent surface waters.
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. All roof drains must terminate at least 50 foot from the mean high water mark.
6. Level spreaders shall be provided at the ends of all swales that discharge into a regulated wetland or any
surface water.
2

State Stormwater Management Systems
Permit No. SW7080302
11. SCHEDULE OF COMPLIANCE
1. 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 re -vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Maintenance of level spreaders and infiltration areas in accordance with approved plans and
O&M documents.
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.
5. The permittee shall submit all information requested by the Director or his representative within the time
frame specified in the written information request.
6. 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.
7. Within 30 days of completion of the project, the 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. Any deviation from the approved plans must be noted on the
Certification.
8. 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, provided that the permittee complies with the requirements of
Section 11.11 and 11.12 of this permit.
9. 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 SW7080302 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.

State Stormwater Management Systems
Permit No. SW7080302
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.
e. The maximum built -upon area per lot is 9000 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.
f. 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.
g. For those lots within CAMA's Area of Environmental Concern, where DCM calculates a different
maximum lot built -upon area, the governing lot BUA shall be the most restrictive of the two
amounts.
h. Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface
waters.
i. All roof drains shall terminate at least 50 foot from the mean high water mark.
j. If permeable pavement credit is desired, the property owner must submit a request, with
supporting documentation, to the permittee and receive approval prior to construction of the
permeable pavement.
10. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of
recording.
11. If the permittee sets up an Architectural Review Committee or Board (ARC or ARB) 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 or ARB do not relieve the lot owner of the responsibility to maintain
compliance with the permitted BUA limit.
12. All 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.
13. 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.
14. If permeable pavement credit is desired, the permittee must submit a request to modify the permit to
incorporate such language as required by the Division of Water Quality. The request to modify must
include a soils report identifying the type of soil, the Seasonal High Water Table elevation and the
infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that
request to utilize permeable pavements must submit the necessary forms and documentation to the
permittee and receive approval prior to construction of the permeable pavement.
15. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times.
III. GENERAL CONDITIONS
1. This 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 re -issuance of the permit to change the name
and incorporate such other requirements as may be necessary. In the event of a name or ownership
change, a completed Name/Ownership Change form, signed by both parties, must be submitted to the
Division of Water Quality accompanied by the supporting documentation as listed on page 2 of the form.
The approval of this request will be considered on its merits, and may or may not be approved.

State Stormwater Management Systems
Permit No. SW7080302
2. The permittee is responsible for compliance with all permit conditions until the Director approves a
transfer of ownership. Neither the sale of the project nor the transfer of common areas to a third party,
such as a homeowner's association, constitutes an approved transfer of the stormwater permit.
3. 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.
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 Session Law 2006-246, Title 15A of the North Carolina Administrative Code, Subchapter
21-1.1000; and North Carolina General Statute 143-215.1 et. al.
5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action, including those as may be required by the Division,
such as the construction of additional or replacement stormwater management systems.
6. The permittee grants permission to DENR Staff to enter the property during normal business hours, for
the purpose of inspecting all components of the stormwater management facility.
7. The permit issued shall continue in force and effect until revoked or terminated. 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.
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.
9. Approved plans and specifications for this project are incorporated by reference and are enforceable
parts of the permit.
10. 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.
11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at
least 30 days prior to making such changes.
Permit issued this the 2nd day of May 2008.
NTH OLINA ENVIRONMENTAL MANAGEMENT COMMISSION
✓^`v
-- ---------
apo
for Coleen H. Sullins Director
Division of Water Quality
By Authority of the Environmental Management Commission
PERMIT NO SW7080302