SW7080914_Final Permit_20090123

Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
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January 23,
Mr. Robert Whitley, III, Partner
The Robert Whitley, Jr. Family Limited Partnership-C
48 Duckview Trail
Washington, NC 27889
Subject: Stormwater Permit No. SW7080914
Cabo Estates
Low Density Subdivision Permit
Beaufort County
Dear Mr. Whitley:
Coleen H. Sullins, Director
Division of Water Quality
The Washington Regional Office received a complete Stormwater Management Permit Application for the subject
project on November 17, 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. SW7080914 dated January 23, 2009, 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and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 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 Roger
Thorpe or me at [phone].
kerely,
AI Hodge
Regional Supervisor
Surface Water Protection Section
cc: Hood Richardson, PA
Beaufort County Building Inspections
Doug Huggett - CAMA
Washington Regional Office
Central Files
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.ore One
943 Washington Square Mall Phone [phone] NorthCarolina
Washington, NC 27889 Fax [phone] Naturally
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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
The Robert Whitley, Jr. Family Limited Partnership-C
Cabo Estates
Beaufort 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 32 lots is limited to a maximum square footage of built -upon area as listed in Attachment A of
this permit. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC.
2. 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.
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.
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
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 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 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 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 SW7080914, 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 is as listed in Attachment A of this permit. 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.
j. 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.
16. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times.
III. 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 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 at. 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.
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 23 rd day of January 2009.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7080914