SW7080715_Final Permit_20081113

WA-Iw Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 13, 2008
Mr. Ross BeeBe, Member Manger
Pamlico Beach Properties, LLC
240 Craven Street
New Bern, NC 28560
Subject: Permit No. SW7080715
Pamlico Shores Recreation and Open Space
Low Density Stormwater Project
Beaufort County
Dear Mr. BeeBe:
The Washington Regional Office received a complete Stormwater Management Permit Application
for Pamlico Shores Recreation and Open Space on November 4, 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 2H.1000. We are forwarding Permit No. SW7080715
dated November 13, 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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 Scott Vinson or me at [phone].
Sincerely,
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Regional Supervisor
Surface Water Protection Section
AH/sv: S:\WQS\STORMWATER\PERMIT\SW7080715
cc: Allen Henke — The East Group
Beaufort County Inspections
Doug Huggett, Division of Coastal Management
�shington Regional Office
Central Files
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North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
Internet: w .nc vateraualiri ore 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748
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State Stormwater Management Systems
Permit Number SW7080715
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 kegulations
PERMISSION IS HEREBY GRANTED TO
Pamlico Beach Properties, LLC
Pamlico Shores Recreation and Open Space
Beaufort 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 "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. This permit covers the construction of 18,220 square feet of built -upon area.
2. The overall tract built -upon area percentage for the project must be maintained at
7.70%, 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. The runoff from boat ramps and other impervious surfaces outside the 50' buffer
area must be directed away from surface waters to the extent practicable. Roof
drains must terminate at least 50 feet from the Mean High Water line.
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Permit Number SW7080715
11. SCHEDULE OF COMPLIANCE
Projects covered by this permit will maintain a minimum 50 foot wide vegetative
buffer between all impervious areas and surface waters.
2. 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 SW7080715, 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. Lots within CAMA's Area of Environmental Concern may require that the
permitted maximum built -upon area be reduced due to CAMA jurisdiction
within the AEC.
Construction of additional built -upon area in excess of 18,220 square feet will
require a permit modification.
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.
j. A minimum 50 foot wide vegetated buffer area shall be provided between
surface waters and all impervious surfaces.
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State Stormwater Management Systems
Permit Number SW7080715
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.
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.
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.
i 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.
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Permit Number SW7080715
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.
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.
The permittee grants permission to DENR Staff to enter the property for the purpose
of inspecting all components of the stormwater management facility.
The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
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 13th day of November, 2008.
N RTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
---`� a ----------------------------------------- for
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7080715
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