SW7130109_Final Permit_20130326 (2)

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John Skvarla
Governor Director Secretary
DIVISION OF WATER QUALITY
March 26, 2013
Quality Homes of Currituck, LLC
Attn: Mr. Justin Old
1285 Tulls Creek Road
Moyock, NC 27958
Subject: Stormwater Permit No. SW7130109
Single Family Residential Lots
Low Density Stormwater Project
Currituck County
Dear Mr. Old:
The Washington Regional Office received your stormwater permit
application on January 25, 2013. Based on our review of your
application, plans and specifications, it has been determined that the
proposed project will comply with the Stormwater Regulations set forth
in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7130109 dated
March 26, 2013 to Quality Homes of Currituck, LLC.
This permit shall be effective from the date of issuance until
rescinded, and shall be subject to the conditions and limitations as
specified therein.
-1-f- 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 Mail, Washington, NC 27889
-Phone: [phone] FAX: [phone]
Internet wwwwwatemualitv.om -
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally

Quality Homes of Currituck, LLC
March 26, 2013
Page Two
If you have any questions, or need additional information
concerning this matter, please contact Bill Moore at [phone].
Sinc�jre1 ,
Amy Addms, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
CC: Hyman & Robey, PC
Currituck County Planning/Inspections
WARO

State Stormwater Management Systems
Permit No. SW7130109
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
Quality Homes of Currituck, LLC
Currituck County
FOR THE
construction, operation and maintenance of stormwater management systems
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 grassed swales and vegetated
buffers to serve Quality Homes of Currituck, LLC (6) lot subdivision
located on Baxter Lane near Moyock, 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
1. The following criteria are approved as meeting the stormwater
rules for this project:
a. The total area for this subdivision is 6 acres.
b. Total allowable built -upon area for the (6) single
family residential lots is 57609 sf.
C. Allowable built -upon area must be consistent with
proposed plans and restrictions submitted in the
application by the permittee.
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2. The overall tract built -upon area percentage or lot sizes for
the project must be maintained at levels at least as
stringent as the low density levels specified in the
stormwater rules.
3. The development must demonstrate that no areas within the
project site are of such high density that stormwater runoff
threatens water quality.
4. Approved plans and specifications for projects covered by
this permit are incorporated by reference and are enforceable
parts of the permit.
5. The only runoff conveyance systems allowed would be vegetated
conveyances such as swales with minimum side slopes of 3:1
(H:V) or curb outlet systems as defined in the stormwater
rules and approved by the Division.
6. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath
an impervious surface such as a road
b. That minimum amount needed under driveways to provide
access to lots.
7. Projects covered by this permit will maintain a minimum 50
foot wide vegetative buffer between all impervious areas and
surface waters. In addition, projects located in the Neuse
River Basin must comply with the Neuse River Basin Riparian
Buffer Rules.
8. No homeowner/lot owner/developer shall be allowed to fill in,
alter, or pipe any vegetative practices (such as swales)
shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit
and receiving approval from the Division.
9. The permittee is responsible for verifying that the proposed
home plans do not exceed the allowable built -upon area. Once
the lot transfer is complete, the home plan may not be
revised without approval from the permittee, and
responsibility for meeting the built -upon area limit is
transferred to the individual homeowner.
10. Deed restrictions are incorporated into this permit by
reference and must be recorded with the Office of Register of
Deeds. Recorded deed restrictions must include, as a
minimum, the following statements related to stormwater
management:
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a. A statement of the allowable built -upon area per lot in
the following form:
"The allowable built -upon area per lot shall not exceed
9600 square feet, inclusive of that portion of the
right-of-way between the front lot line and the edge of
the pavement, structures, pavement, walkways of brick,
stone, slate, not including wood decking."
b. Items related to stormwater management must remain in
the deed restriction, and this is to be indicated by
including the following: "The covenants pertaining to
stormwater regulations may not be changed or deleted
without concurrence of the State."
C. To assure that vegetated conveyances are not piped (in
accordance with item 5) deed restrictions must indicate
that: "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."
11. The Engineer/Owner/Developer/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.
12. The following items will require a modification to the
permit:
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 of the project area.
In addition, the Director may determine that other revisions
to the project should require a modification to the permit.
13. 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.
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II. SCHEDULE OF COMPLIANCE
1. The permittee shall comply with the following schedule for
construction and maintenance of the Low Density Option stormwater
systems:
a. 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 except roads.
b. During construction, erosion shall be kept to a minimum and
any eroded areas of the swales or other vegetated conveyances
will be repaired immediately.
2. 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 revegetating of the side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved plans
and specifications.
3. The permittee shall submit recorded deed restrictions limiting
built -upon area per lot in accordance with Part I, item 10, within
30 days of the date of recording.
4. The Permittee shall submit the Engineer/Owner/Designer/
Permittee Certification in accordance with Part I, item 11,
within 30 days of completion of the project.
5. 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
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 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.
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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 permittee shall submit to the Director and shall have received
approval for revised plans, specifications, and calculations prior
to construction, for those revisions under any of the following
conditions:
a. Any additions, deletions or redesign of the previously
permitted amount of built -upon area proposed regardless of
the size of the modification.
b. Further subdivision of the project area.
6. The permit is not transferable to any person 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
7. The issuance of this permit does not preclude the Permittee from
complying with any and all statutes, rules, regulations, or
ordinances that may be imposed by other government agencies
(local, state and federal) that have jurisdiction.
Permit issued this the 26 th day of March, 2013.
MANAGEMENT COMMISSION
CAaaf1es Waki, Director
Division of Dfater Quality
By Authority of the Environmental Management Commission
Permit Number SW7130109
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