SW7081110_Final Permit_20120917

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WCDIE- R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, PE Dee Freeman
Governor Director Secretary
September 17, 2012
Mr. Hunter W. Spruill
310 US 13-17 South
Windsor, NC 27983
Subject: Stormwater Permit No. SW7081110
Cypress Shores on the Pamlico, Ph 1 & 2
(Previously named Shady Shores Subdivision
& Riverview Estates SW7071004)
Low Density Subdivision Permit
Beaufort County
Dear Mr. Spruill:
The Washington Regional Office received a complete Stormwater Management Permit
Application for the transfer, name change and to combine two existing developments, Riverview
Estates, permit number SW7071004 and Shady Shores, permit number SW7081110, on July 27,
2012. The two residential subdivision projects are to be combined into one subdivision named
Cypress Shores on the Pamlico and the ownership of the State Stormwater permit is to be
transferred to Hunter W. Spruill. By issuance of this permit, permit number SW7071004 is
hereby rescinded and the files and approved plans and specifications are transferred under permit
number S W7081110. 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
and Session Law 2008-211. We are forwarding Permit No. S W7081 110 dated September 17,
2012, for the continued 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This permit shall be effective from the date of issuance until rescinded and shall be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 Scott Vinson or me at [phone].
Sincerely,
�C
Roge y- K. Thorpe, PE
Interim Regional Supervisor
Surface Water Protection Section
cc: Beaufort County Building Inspections
Doug Huggett - CAMA
North Carolina Division of Water Quality Internet: www.ncwaterquality.ora
943 Washington Square Mall Phone: [phone]
One
Washington, NC 27889 FAX [phone]
7
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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
Hunter W. Spruill
Cypress Shores on the Pamlico
Beaufort County
FOR THE
construction, operation and maintenance of a low density subdivision in
compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-
211 (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
Each of the 27 lots previously approved for Shady Shores Subdivision is
limited to a maximum square footage of built -upon area as listed in
Attachment A of this permit. Each of the 5 lots previously approved for
Riverview Estates, SW7071004, is limited to 9,663 square feet of built -
upon area each. 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 for the 5 lots located within the old
Riverview Estates area and 24% or less within the old Shady Shores area
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.
7. The project proposes the use of a wet detention basin to comply with the
local requirements. Permitting of this wet detention basin will be done
through the local government.
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, ppermanent 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
SW7081110, 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.
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.
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 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 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 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 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 17 th day of September, 2012
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
Charles Wakild, PE, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7081110

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