SW7080809_Transfer Owner_20140204

e7
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvarla, III, Secretary
February 4, 2014
Three Seas Legacy, LLC
Attn.: Mr. Christopher Fulcher, Member/Manager
PO Box 250
Oriental, NC 28571
Subject: Stormwater Permit No. SW7080809 — Ownership Change
Lion's Gate Subdivision
Low Density Subdivision Permit
Pamlico County
Dear Mr. Fulcher:
The Washington Regional Office received a complete State Stormwater Permit
Name/Ownership Change Form for Lion's Gate Subdivision on January 9, 2014. Staff
review of the ownership change request has determined that the project, as proposed,
will comply with the Stormwater Reggulations set forth in Title 15A NCAC 2H.1000. We
are forwarding Permit No. SW7080809 — Ownership Change, dated February 4, 2014,
for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded, shall void permit
SW7080809 issued on February 20, 2009 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 ( 0)
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 me at [phone].
Sincerely,
Samir Dumpor
Environmental Engineer
PHM/sd: G:\LR\SWP\SD\Permits - Low Density
cc: Eugenia Wade, Vice -President, Branch Banking & Trust Company (3450
Pacific Ave., Virginia Beach, VA 23451)
Pamlico County Building Inspections
Washington Regional Office
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 • Phone: [phone] / FAX: [phone]
Internet: http://www.portal.ncdenr.org/web/Ir/land-quality
An Equal Opportunity / Affirmative Action Employer - 50%Recycled/10% Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
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
Three Seas Legacy, LLC
Lion's Gate Subdivision
Pamlico County
FOR THE
construction, operation and maintenance of a 25% 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 Energy, Mineral, and Land Resources (Division) 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:
1. DESIGN STANDARDS
Each of the 38 lots and 6 common areas are limited to a maximum of (see
attached table) square feet of built -upon area, as indicated in the approved
plans.
2. The overall tract built -upon area percentage or lot sizes for the project must be
maintained at 25% 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 50 foot 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 50' from the mean high water mark.
II. SCHEDULE OF COMPLIANCE
Swales and other vegetated conveyances shall be constructed in their entirety,
Page 2 of 5

vegetated, and be operational for their intended use prior to the construction of
any built -upon surface.
During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
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. 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 Director may determine that other revisions to the project should require a
modification to the permit.
6. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
7. 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.
9. 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, 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 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.
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:
Page 3 of 5

a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit NumberSW7080809, as issued by
the Division of Energy, Mineral, and Land Resources 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 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.
The maximum built -upon area per lot is (see attached table) 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 sl!rface 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.
Each lot will maintain a 50' wide vegetated buffer between all impervious
areas and surface waters.
j. All roof drains shall terminate at least 50' 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
Page 4 of 5

accordance with the approved plans.
16. A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
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, 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. 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 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.
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.
The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 4th day of February, 2014.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
racy E.'Davis, PE, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5

Lion's Gate revised 02/06/09
Allowable Impervious Surface Calculations
Low Density, Residential Section
1
22,325 0
22,325
0.00
22,325
4,600
r22
2
25,126
7,687
17,439
0.31
19,361
4,600
3
31,363
7,524
23,839
0.24
31,363
4,600
4
24,448
9,228
15,220
0.38
17,527
4,600
5
23,714
11,158
12,556
0.47
15,346
4,600
29.98%
6
21,345
3,079
18,266
0.14
21,345
4,600
21.55%
7
27,046
1,515
25,531
0.06
27,046
4,600
17.01%
8
29,693
1,454
28,239
0.05
29,693
4,600
15.49%
9
21,341
0
21,341
0.00
21,341
4,600
21.55%
10
22,802
0
22,802
0.00
22,802
4,600
20.17%
11
22,583 -
0
22,583
0.00
22,583
4,600
20.37%
12
22,153
2,652
19,501
0.12
22,153
4,600
20.76%
13
21,579
0
21,579
0.00
21,579
4,600
21.32%
14
23,621
0
23,621
0.00
23,621
4,600
19.47%
15
26,461
0
26,461
0.00
26,461
4,600
17.38%
16
37,026
0
37,026
0.00
37,026
1 4.600
12.42%
17
33,541
0
33,541
0.00
33,541
1 4,600
13.71%
18
82,173
8,103
74,070
0.10
82,173
1 4.600
5.60%
19
26,860
9,355
17,505
0.35
19,844
4,600
23.18%
20
21,034
968
20,066
0.05
21,034
4,600
21.87%
21
23,039
564
22,475
0.02
23,039
4.600
19.97%
22
25,381
0
25,381
0.00
25,381
4,600
18.12%
23
25,142
0
25,142
0.00
25,142
4,600
18.30%
24
22,920
1,436
21,484
0.06
22,920
4,600
20.07% -
25
34,671
464
34,207
0.01
34,671
4,600
13.27%
26
22,483
0
22,483
0.06
22,483
4,600
20.46%
27
23,905
0
23,905
0.00
23,905
4,600
19.24%
28
22,538
0
22,538
0.00
22,538
4,600
20.41%
29
20,758
0
20,758
0.00
20,758
4,600
22.16%
30
16,871
0
16,871
0.00
16,871
4,600
27.27%
31
21,178
0
21,178
0.00
21,178
4,600
21.72%
32
17.734
0
17,734
0.00
17,734
4,400
24.81%
33
17,351
0
17,351
0.00
17,351
4,600
26.51%
34
18,645
0
18,645
0.00
18,645
4.600 1
24.67%
35
23,481
0
23,481
0.00
23,481
4,600
19.59%
36
30,465
0
30,465
0.00
30,465
4,600
15.10%
37
18,283
0
18,283
0.00
18,283
4,500
24.61%
38
40,818
2,631
38,187
0.06
40,818 -
4,600
11.27%
C1
58,146
25,871
32,275
0.44
38,743
2,500
C2
69,260
0.
69,260
0.00
69,260
5,000
7.22%
C3
295,397
148,644
146,753
0.50
183,g14
0
0.00%
C4,C5,C6l
971,824
29,304
942,520
0.03
971,824
233,611 124.04%
Note: Computations for common use areas C4, C5, and C6 made assuming 9 multifamily buildings (4 units per building @
16,118 sf per building) with impervious parking pads. Computations also account for approximately 33,000 sf for
clubhouse, pool, tennis court, sidewalks, etc.