SW7090913_Final Permit_20100119

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North Carolina
Beverly Eaves Perdue
Governor
Mr. Danny Meadows
City of New Bern
P.O. Box 1129
New Bern, NC 28563
NCDEE R
Department of Environment and
Division of Water Quality
Coleen H, Sullins
Director
January 19, 2010
Natural Resources
Dee Freeman
Subject: Permit No. SW7090913
Jack Smith Creek Stormwater Improvement Project
Low Density Stormwater Project
Craven County
Dear Mr. Meadows:
The Washington Regional Office received a complete Stormwater Management
Permit Application for the Jack Smith Creek Stormwater Improvement project on
November 17, 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 21-1.1000. We are forwarding
Permit No. SW7090913 dated January 19, 2010, 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This permit shall be effective from the date of issuance until rescinded and shall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
North Carolina Division of Water Quality Internet: www ncwaternualitv.ore
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Page 2
January 19, 2010
Carolina General Statutes, and filed with the Office of Administrative Hearings,
P.O. Drawer 27447, Raleigh, NC 27611-7447. 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].
Sincerely,
i;
Al A! dg
Regional Supervisor
Surface Water Protection Section
cc: Washington Regional Office
Central Files
Doug Huggett - CAMA

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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
City of New Bern
Jack Smith Creek Stormwater Improvement Project
Craven County
FOR THE
construction, operation and maintenance of a low density development in
compliance with the provisions of Session Law 2008-211 and 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. This permit covers the construction of 30,000 square feet of built -upon
area including a graveled access road and pump station.
2. The overall tract built -upon area percentage for the project must be
maintained at no more than 24%, as required by Session Law 2008-211
and Section 2H .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 and
shall be kept on file by the permittee at all times.
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. The built -upon areas associated with this project shall be located at least
50 feet landward of all perennial and intermittent streams or other surface
waters.
7. Roof drains must terminate at least 50 foot from the Mean High Water line.
8. No direct discharges to class SA or SR Waters are allowed. Diffuse flow of
stormwater at a nonerosive velocity to a vegetated buffer or other natural
area capable of providing effective infiltration of the runoff from the 1 year
24-hour storm shall not be considered a direct point of stormwater
discharge.
II. SCHEDULE OF COMPLIANCE
1. The permittee is responsible for verifying that the proposed built -upon
area does not exceed the allowable built -upon area.
2. 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.
3. This project may not be sold or subdivided in whole or in part without first
receiving a permit modification from the Division.
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
SW7090913, 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. This project is permitted for a maximum of 30,000 square feet of
built -upon area. Construction of additional built -upon area in excess
of this amount will require a permit modification.
g. This project may not be sold or subdivided, in whole or in part,
without first receiving a permit modification from the Division.
h. Construction of additional impervious areas such that low -density
requirements are no longer met will require a permit modification
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.
i. 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.
j. The built -upon areas shall be located a minimum of 50 feet
landward of all perennial and intermittent surface waters.
5. 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 DCM'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. The most restrictive of the two numbers shall
be considered the maximum BUA.
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 in whole
or in part. 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.
3 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 re -vegetating 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.
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.
2. The permittee is responsible for compliance with all permit conditions until
the Director approves a transfer of ownership. Neither the sale of the
project nor the transfer of common areas to a third party, such as a
homeowner's association, constitutes an approved transfer of the
stormwater permit.
3. 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.
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
Session Law 2008-211 and Title 15A NCAC 21-1.1000 of the North
Carolina Administrative Code, Subchapter 21-1.1000; and North Carolina
General Statute 143-215.1 et. al.
5. 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.
6. 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.
7. 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.
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. Approved plans and specifications for this project are incorporated by
reference and are enforceable parts of the permit.
10. 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.
11: 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.
Permit issued this the 19 th day of January 2010.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
%I
- -
Colleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7090913