SW7090203_Final Permit_20090220

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Mr. John Wehrenberg
108 Gambit RoaQ't,}.
Washington, NC 27889
Dear Mr. Wehrenberg:
Coleen H. Sullins
Director
February 20, 2009
Dee Freeman
Subject: Stormwater Permit No. SW7090203
Wheat Field Subdivision
Low Density Subdivision with a Curb
Outlet Swale System
Beaufort County
The Washington Regional Office received a complete Stormwater Management
Permit Application for Wheat Field Subdivision on February 11, 2009. Staff
review of the plans and specifications has determined that the project, as
proposed, will comply with the Stormwater Regulations set forth in Session Law
2008-211 and Title 15A NCAC 2H.1000. We are forwarding Permit No.
SW7090203, dated February 20, 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This permit shall be effective from the date of issuance until rescinded and shall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 Samir Dumpor or me at [phone].
Sincerely
Al Hodge •[�
Regional Supervisor
Surface Water Protection Section
North Carolina Division of Water Quality Internet: www.ncwateraualitv.ore
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NofthCa�rohna
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AH/sd: J:\WPDATA\WQS\ State SW-SD\Permits - Low Density
cc: Joe Avolis, PE, Avolis Engineering, P.A.
Beaufort County Inspections
,/GVashington Regional Office
Central Files

State Stormwater Management Systems
Permit No. SW7090203
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NPDES PHASE II STORMWATER MANAGEMENT PERMIT
LOW DENSITY SUBDIVISION DEVELOPMENT
WITH A CURB OUTLET SWALE SYSTEM
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
John Wehrenberg
Wheat Field Subdivision
Beaufort County
FOR THE
construction, operation and maintenance of a 24% low density subdivision with a curb
outlet Swale system in compliance with the provisions of Session Law 2008-211 and
15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules') 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 14 lots is limited to a maximum of 8,000 square feet of built -upon
area, as indicated in the application and as shown on the approved plans.
2. The overall tract built -upon area percentage for the project must be maintained
at 24%, per the requirements of Session Law 2008-211 and 15A NCAC 2H
.1000.
3. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent surface waters.
4. Runoff conveyances other than the curb outlet system swales, such as perimeter
ditches, must be vegetated with side slopes no steeper than 3:1 (H:V).
5. All roof drains must terminate at least 50 feet from the mean high water mark of
surface waters.
6. This project proposes a curb outlet system. Each designated curb outlet swale or
100' vegetated area shown on the approved plan must be maintained at a
minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a
longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a
non -erosive manner, maintain a dense vegetated cover, and be located in either
a dedicated common area or a recorded drainage easement.
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State Stormwater Management Systems
Permit No. SW7090203
II. SCHEDULE OF COMPLIANCE
1. Curb outlet swales, vegetated areas 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, per the approved plans
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 re -vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Cleaning and repair of catch basin grates, flumes, piping, and the flow
spreader mechanism.
g. Maintenance of level spreaders and infiltration areas, in accordance with
approved plans and O&M documents.
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 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 or to the
drainage 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, piring, or altering any vegetative conveyance shown on the
approved plan.
The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
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.
7. Recorded deed restrictions must include, at 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 SW7090203, 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.
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State Stormwater Management Systems
Permit No. SW7090203
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 8,000 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, coquina,
driveways, and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches,
swales, etc.) associated with the development except for average
driveway crossings, is prohibited by any persons.
h. Filling in, piping or altering any designated 5:1 curb outlet swale or
vegetated area associated with the development is prohibited by any
person.
i. A 50' vegetated buffer must be maintained between all built -upon area
and the Mean High Water line of surface waters.
j. All roof drains shall terminate at least 50' from the Mean High Water mark.
k. Each designated curb outlet swale or 100' vegetated area shown on the
approved plan must be maintained at a minimum of 100' long, maintain
5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than
5%, carry the flow from a 10 year storm in a non -erosive manner, maintain
a dense vegetated cover, and be located in either a dedicated common
area or a recorded drainage easement.
8. The permittee must submit a copy of the recorded deed restrictions within 30
days of the date of recording.
9. No pi ing shall be allowed except those minimum amounts necessary to direct
runoff beneath an impervious surface such as a road or under driveways to
provide access to lots.
10. 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 andspecifications. Any deviation from the approved plans must
be noted on the Certification. The permittee shall submit the Certification to the
Division within 30 days of completion of the project.
11. 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.
12. 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.
13. Prior to transfer of ownership, the swales must be inspected and determined to
be in compliance with the permit. Any deficiencies will be repaired or replaced
prior to the transfer.
14. The final plats for the project will be recorded showing all required drainage
easements and common areas, in accordance with the approved plans.
15. The permittee shall submit for approval, final layout and grading plans for any
future development areas shown on the approved plans, prior to construction.
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State Stormwater Management Systems
Permit No. SW7090203
III. GENERAL CONDITIONS
This 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
re -issuance of the permit to change the name and incorporate such other
requirements as may be necessary. In the event of a name or ownership
change, a completed Name/Ownership Change form, signed by both parties,
must be submitted to the Division of Water Quality accompanied by the
supporting documentation as listed on page 2 of the form. 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 a transfer of ownership. Conveyance of common areas to third
parties, such as a homeowner's association, by the permittee, where the
required Name/Ownership Change form has not been submitted to and
approved by the Division, does not constitute transfer of the stormwater permit
and does not relieve the permittee of responsibility for maintaining compliance
with the permit or transferring the permit.
2. 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.
3. 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 Session Law 2008-
211, Title 15A of the North Carolina Administrative Code, Subchapter 21-1.1000;
and North Carolina General Statute 143-215.1 et. al.
4. In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by the Division, such as the construction of
additional or replacement stormwater management systems.
The permittee grants permission to DENR Staff to enter the property during
normal business hours, for the purpose of inspecting all components of the
stormwater management facility.
6. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance, or
termination does not stay any permit condition.
7. 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.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
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.
10. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes at least 30 days prior to making such changes.
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State Stormwater Management Systems
Permit No. SW7090203
Permit issued this the 20th day of February, 2009.
7NRTI�AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
------- - r'i--------------------------
for Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
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