SW7110720_Final Permit_20130107

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
January 7, 2013
Albemarle Plantation Property Owners Association, Inc
Attn: Mr. Terry Facey
One Plantation Drive
Hertford, NC 27944
Subject: Stormwater Permit No. SW7110720
Albemarle Plantation
Low Density Stormwater Project
Perquimans County
Dear Mr. Facey:
The Washington Regional Office received your request for a Name/Ownership change
for the subject project on October 15, 2012. A copy of the deed of transfer from the
original owners to the Albemarle Plantation Property Owners Association was provided
along with this request. After reviewing our files and the information provided, it has
been determined that the project, as constructed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 21-1.1000. We are forwarding Stormwater
Permit No. SW7110720 dated January 7, 2013, to the Albemarle Plantation Property
Owners Association, Inc. for all of the existing low density portions of the Albemarle
Plantation development.
This permit replaces the low density permit issued to Albemarle Plantation Holdings,
LLC on November 10, 2011, and 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rescinded and shall be subject to the conditions and limitations as specified therein, and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.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.ncwaterQuality.org
An Equal Opportunity 1 Affrmative Action Employer
One
NorthCarolina
Naturally

Albemarle Plantation Property Owners Association, Inc
January 7, 2013
Page Two
If you have any questions, or need additional information concerning this matter, please
contact either Bill Moore or me at [phone].
Sincerely,
Amy Adams, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: Bissell Professional Group
Perquimans County Planning/Inspections
Washington Regional Office

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
Albemarle Plantation Property Owners Association, Inc
Albemarle Plantation Residential Development
Perquimans County
FOR THE
construction, operation and maintenance of a low density development 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 for the Albemarle Plantation Residential
Development located near Hertford, NC.
This 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
This permit is a consolidation of all previous low density permits issued for the
single family residential sections and designated common areas of Albemarle
Plantation. The original master plan showed a golf courselresidential
development with 136 acres of impervious area on a 566 acre tract of land. A
table listing the low density sections with plat dates is attached. Plan details and
allowable built -upon areas for individual sections are included with the originally
approved projects on file at the Washington Regional Office.
2. The built -upon area percentages for the individual residential lots and the overall
development must be maintained at 30%, or less, per requirements of the
stormwater rules. The allowable built -upon area for each Section is listed in the
attached "Albemarle Plantation - Amendment to Declarations" signed November
22, 2010.

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 30 feet
landward of all perennial and intermittent streams or other surface waters.
7. Roof drains must terminate at least 30 feet from any surface waters or roadside
swales.
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 SW7110720, 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. Allowable built -upon areas for each single family residential lot are listed in
the attachments. 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 30 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.
9 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.
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.
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; 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 7 th day of January, 2013.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Wakild, PE, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7110720