SW7130811_Final Permit_20131101

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North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM
Director
November 1, 2013
Mr. James M. Jarvis, Jr., Owner
241 Shingle Landing Road
Moyock, North Carolina 27958
Subject: State Stormwater Permit No. SW7130811
Jarvis 5 Lot Minor Subdivision
Low Density Stormwater Project
Currituck County
Dear Mr. Jarvis:
Pat McCrory, Governor
John E. Skvarla, III, Secretary
The Washington Regional Office received a complete Stormwater Management Permit
Application for the James M. Jarvis, Jr. & Catherine T. Jarvis 5 Lot Minor Subdivision project
on September 20, 2013. 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. SW7130811 dated
November 1, 2013, 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This permit shall be effective from the date of issuance until rescinded and shall be subject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 me at [phone].
Sincerely,
Scott Vinson
Environmental Engineer
G:\LR\SWPNSAV\G-Stormwater\PERMIT\SW7130811
cc: Douglas Abbott, PE — Hyman & Robey, PC
Currituck County Planning/Inspections
Washington Regional Office
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 • Phone: [phone] / FAX: [phone]
Internet: hftp://www.portal.ncdenr.org/web/lr/land-quality
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
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
James M. Jarvis, Jr.
Jarvis 5 Lot Minor Subdivision
Located off North Lou Sawyer Rd., Moyock, NC
FOR THE
construction, operation and maintenance of a 24% low density subdivision 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
Each of the 5 lots is limited to a maximum of 9,600 square feet of built -upon area, as
indicated in the application and as shown on the approved plans.
2. The overall tract built -upon area percentage for the project must be maintained at
24% per the requirements of Session Law 2008-211 and Section .1005 of the
stormwater rules.
3. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent surface waters.
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.
All roof drains must terminate at least 50 foot from the mean high water mark.
Page 2 of 6

II. SCHEDULE OF COMPLIANCE
1. 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.
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 re -vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Maintenance of level spreaders and infiltration areas in accordance with
approved plans and O&M documents.
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.
5. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
6. 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.
7. 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.
8. 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 and 11.12 of this permit.
Page 3 of 6

9. 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 SW71308111 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. The maximum built -upon area per lot is 9,600 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.
g. 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.
h. Each lot will maintain a 50 foot wide vegetated buffer between all impervious
areas and surface waters.
i. All roof drains shall terminate at least 50 foot from the mean high water mark.
j. If permeable pavement credit is desired, the property owner must submit a
request, with supporting documentation, to the permittee and receive approval
prior to construction of the permeable pavement.
10. The permittee shall submit a copy of the recorded deed restrictions within 30 days of
the date of recording.
11. If the permittee sets up an Architectural Review Committee or Board (ARC or ARB)
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 or ARB do not
relieve the lot owner of the responsibility to maintain compliance with the permitted
BUA limit.
12. All 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.
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.
Page 4 of 6

14. If permeable pavement credit is desired, the permittee must submit a request to
modify the permit to incorporate such language as required by the Division of Water
Quality. The request to modify must include a soils report identifying the type of soil,
the Seasonal High Water `fable elevation and the infiltration rate. Upon the
successful completion of a permit modification, the individual lot owners that request
to utilize permeable pavements must submit the necessary forms and documentation
to the permittee and receive approval prior to construction of the permeable
pavement.
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.
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, Title
15A 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.
Page 5 of 6

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 1st day of November 2013.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
s✓ i m:E — `f------ s-`=&---- -----= ------------- for
Tracy E. Davis, PE, CPM
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit No. SW7130811
Page 6 of 6