SW7100201_Final Permit_20100331

A R
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
Mr. Jerry T. Womack, President
Route 168, hie.
1190 Harmony Road
Norfolk, VA 23502
Dear Mr. Womack:
Division of Water Quality
Coleen H. Sullins
Director
March 31, 2010
0a:K6
Natural Resources
Dee Freeman
Subject: Stormwater Permit No. SW7100201
Equestrian Downs, Phase I1
Low Density Subdivision Permit
Currituck County
The Washington Regional Office received a complete Stormwater Management Permit
Application for the subject project on March 30, 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. SW7100201
dated March 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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, 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 Roger Thorpe or me at [phone].
Al
1 Supervisor
Water Protection Section
cc: Hyman & Robey
Currituck County Building Inspections
Doug Huggett - CAMA
North Carolina Division of Water Quality Internet: www.ncwateroualuv.ore
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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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
Route 168, Inc.
Equestrian Downs, Phase H
Currituck County
FOR THE
construction, operation and maintenance of a 24% low density subdivision 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
Each of the 12 lots is limited to a maximum square footage of built -upon
area of 100,000 square feet. 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 24% or less 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.

il. SCHEDULE OF COMPLIANCE
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.
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.
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.
The Director may determine that other revisions to the project should
require a modification to the permit.
The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information
request.
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, permanent 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
SW7100201, 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.
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 100,000 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, 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.
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
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.
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 31 st day of March 2010.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
P
for
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7100201