SW7091210_Final Permit_20100831

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NCDENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
Mr. Mark Saunders, Manager
Bella Shore Development, LLC
131 Ocean Boulevard West
Holden Beach, NC 28462
Dear Mr. Saunders:
Division of Water Quality
Coleen H. Sullins
Director
August 31, 2010
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Natural Resources
Dee Freeman
Secretary
Subject: Stormwater Permit No. SW7091210
Bella Shore
Low Density Subdivision with a Curb Outlet System
Pamlico County
The Washington Regional Office received a complete Stormwater Management Permit Application for
Bella Shore on August 6, 2010. 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. SW7091210, dated August 31, 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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
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
Scott Vinson or me at [phone]. ,
Regional Supervisor
Surface Water Protection Section
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cc: Tim Clinkscales, PE — Paramount Engineerins
Pamlico County Building Inspections
Do. gg Huggett, Division of Coastal Management
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Regional Office
Central Files
North Carolina Division of Water Quality Internet: www,nmaterquality.org One
943 Washington Square Mall Phone: [phone] FAX: [phone] North Carolina
Washington, NC 27889 FAX: [phone] l
An Equal Opportunity\Affirmative Action Employer Na ` LKura (`-

State Stormwater Management Systems
Permit No. SW7091210
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT WITH A CURB OUTLET 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
Bella Shore Development, LLC
Bella Shore
Pamlico County
FOR THE
construction, operation and maintenance of a 25% low density subdivision with a curb
outlet system 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
The project is permitted for 871 lots, each limited to a maximum of (see Table)
square feet of built -upon area, as defined by the stormwater rules, and as
indicated in the approved plans. CAMA regulations may reduce the built -upon
area for those lots within the AEC.
The overall tract built -upon area percentage for the project must be maintained
at 25%, per the requirements of Section .1005 of the stormwater rules.
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 /o, 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.
4. No piping 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.
Runoff conveyances other than the curb outlet system swales, such as perimeter
ditches or road side swales, must be vegetated with side slopes no steeper than
3:1 (H:V).
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State Stormwater Management Systems
Permit No. SVV7091210
6. Swales shown on the approved plans that daylight or stop some distance prior to
the Neuse Riparian Buffer without an approved level spreader or preformed
scour hole must have diffused sheet flow at the 50 foot buffer line. If diffused
sheet flow has not occurred naturally by the time the concentrated swale runoff
reaches the buffer, a level spreader or preformed scour hole shall be
immediately installed and a permit modification shall be required by the Division.
7. Prior to the start of construction, an accurate Coastal Wetland delineation must
be approved by the Division of Coastal Management. A permit modification will
be required if the delineated Coastal Wetland and the Neuse Riparian Buffer line
changes from the approved stormwater plans.
8. Prior to the start of construction of any future non-residential impervious areas
not shown on the approved plans including the 3.44 acres for Pump Stations and
7.56 acres of unknown "Future", development plans shall be submitted to the
Division of Water Quality and receive written approval in order to verify that low
density permitting requirements are being met.
9. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
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. Mowin.9, and revegetating 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.
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, piping, or altering 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.
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State Stormwater Management Systems
Permit No. SW7091210
6. 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 has complied with the
requirements of Section 11.12 of this permit.
7. 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. The permittee shall submit the Certification to the
Division within 30 days of completion of the project.
The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
Each lot in the subdivision covered by this permit will maintain a minimum 50 foot
wide vegetative buffer between all impervious areas and surface waters.
10. All roof drains must terminate at least 50 feet from the Mean High Water mark or
the top of any stream bank.
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.
12. 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 SW7091210, as issued by
the Division of Water Quality under NCAC 2H.1000.
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 per lot is (see Table) 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
ot 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.
Lots within CAMA's Area of Environmental Concern may have the
permitted built -upon area reduced due to CAMA jurisdiction within the
AEC.
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State titormwater ivianagement aystems
Permit No. SW7091210
Filling in, piping or altering any designated 5:1 curb outlet swale or
vegetated area associated with the development is prohibited by any
persons.
j. A 50 foot vegetated buffer must be maintained between all built -upon area
and the Mean High Water line of surface waters.
k. All roof drains shall terminate at least 50 feet from the Mean High Water
mark.
I. 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.
M. Filling in, piping or altering any designated level spreaders or preformed
scour hole associated with the development is strictly prohibited by any
persons.
13. The permittee must submit a copy of the recorded deed restrictions within 30
days of the date of recording the plat, and prior to selling of lots. The recorded
copy must contain all of the statements above, the signature of the Permittee,
the deed book number and page, and the stamp/signature of the Register of
Deeds.
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. 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.
16. The final plats for the project will be recorded showing all required swale
easements and common areas, in accordance with the approved plans.
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 Qualityy,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.2.
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.
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State Stormwater Management Systems
Permit No. SW7091210
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 transfer 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 the terms and conditions of this permit until the Division approves the permit
transfer.
6. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances imposed by other
government agencies (local, state and federal) which have jurisdiction. If any of
those permits or approvals result in revisions to the plans, a permit modification
must be submitted and approved by the Division prior to construction.
7. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater control system and
it's components.
8. The permittee shall notify the Division of Water Quality of any name, ownership
or mailing address changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for the life of the project.
Permit issued this the 31 st day of August, 2010.
NO TH C ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
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--- -` =----------------------------- for
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
State Stormwater Permit Number SW7091210
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