SW7080940_Final Permit_20090116

RPC Contracting, Inc
Attn: Mr. Robbie Parker
PO Box 333
Kitty Hawk, NC 27949
Dear Mr. Parker:
Beverly Eaves Perdue, GovemovhT6
r
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 16, 2009
Subject: Stormwater Permit No. SW7080940
Proposed Asphalt Plant Site
Knobbs Creek Drive
Low Density Stormwater Project
Pasquotank County
The Washington Regional Office received a completed Stormwater Management Permit
Application for the subject project on December 15, 2009, 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. SW7080940 dated January 16, 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This permit shall be effective from the date of issuance until rescinded and shall be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 Bill Moore, or me at [phone].
inc r ly,
Al Hodge
Regional Supervisor
Surface Water Protection Section
cc: Albemarle & Associates, LTD
Pasquotank County Planning/Inspections
_,) Cashington Regional Office
Central Files
Mailing Address Phone [phone] Location N,no CaroJ-
1617 Mail Service Center Fax [phone] N. Salisbury St. Cltlfl'UI�
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.ncwateraualitv.or¢ Customer Service 1-877-623-6748
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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
RPC Contracting, Inc.
Mr. Robbie Parker
Pasquotank 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 for the
Knobbs Creek asphalt plant site located off Knobbs Creek Drive in Elizabeth City, NC.
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
1. This is a proposed commercial asphalt plant site with a maximum built -upon area of 39,344
square feet (designated stockpile areas on approved plans are excluded from BUA).
2. The overall tract built -upon area percentage for the project must be maintained at, or below
30%, 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. Roof drains must terminate at least 30 feet from the Mean High Water line.

II. SCHEDULE OF COMPLIANCE
Projects covered by this permit will maintain a minimum 30 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 SW7080940 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.
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,
The maximum built -upon area is 39,344 sf. 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, but does not
include raised, open wood decking, or the water surface of swimming pools.
g. 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.
h. 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.
A minimum 30 foot wide vegetated buffer area shall be provided between surface
waters and all impervious surfaces.

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.
8. 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.
9. 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.
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
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 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.
6. The permittee grants permission to DENR Staff to enter the property for the purpose of
inspecting all components of the stormwater management facility.
7. The permittee shall notify the Division of any name, ownership or mailing address changes
within 30 days.
8. This project proposes the use of a wet detention basin to comply with local requirements. The
proposed wet detention basin will be reviewed and permitted through the local government.
9. 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 16 th day of January, 2009.
NORTH CA OLINA ENVIRONMENTAL MANAGEMENT COMMISSION
AL— �j a
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7080940