SW7160208_Final Permit_20160226

PAT MCCRORY
covemor
DONALD R. VAN DER VAART
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
February 26, 2016
Mr. Justin M.Old
Hidden Oaks, LLC
422 A Caratoke Hwy., Suite 2
Moyock, NC 27958
Subject: State Stormwater Management Permit No. SW7160208
Hidden Oaks
Low Density Subdivision Project with a Curb Outlet Swale System
Currituck County
Dear Mr. Old:
Secretary
TRACY DAVIS
Director
The Washington Regional Office received a complete, Stormwater Management Permit Application for
Hidden Oaks on February 16, 2016. 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 2H.1000. We are forwarding Permit No. SW7160208, dated February 26, 2016, for
the construction of the built -upon area associated with 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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 supersede any other agency permit that
may be required. Please pay special attention to the conditions listed in this permit regarding the
Operation and Maintenance of the BMP(s), recordation of deed restrictions, certification of the project,
procedures for changing ownership, and transferring the permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system, to record deed
restrictions, to certify the projector to transfer the permit in a timely manner, will result in future
compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings
(OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes. Per
NCGS 143-215(e) the petition must be filed with the OAH within thirty (30) days of receipt of this permit.
You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or
the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at
919-431-3000, or visit their website at www.NCOAH.com. 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
252-948-3959.
Sincerely,
,�,CTracy Davis, P.E., Director
Division of Energy, Mineral and Land Resources
SD: G\LR\SWP\SD\Permits-Low Density\SW7160208
cc: David Klebitz, PE, Bissell Professional Group
Currituck County Planning Division
Washington Regional Office
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
943 Washington Square Mall. I Washington, NC 27889
252-946-6481 T

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY SUBDIVISION DEVELOPMENT WITH A CURB OUTLET SWALE 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
Hidden Oaks, LLC
Hidden Oaks
Investors Drive off of Caratoke Highway, Currituck County
FOR THE
construction, operation and maintenance of a 24% low density subdivision project with a curb outlet
Swale system in compliance with the provisions of Session Law 2008-211 and Title 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 Energy, Mineral and Land Resources (hereafter referred to as the Division or DEMLR) 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
1. The overall tract built -upon area percentage for the project must be maintained at 24% per the
requirements of the stormwater rules. This permit covers the construction of a total of 390,425
square feet of built -upon area (BUA).
2. Each of the 67 lots is limited to a maximum of 3,178 square feet of built -upon area, as
indicated on the application and as shown on the approved plans.
3. 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%, carry
the flow from a 10 year storm in a non -erosive manner, and maintain a dense vegetated cover.
4. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches,
must be vegetated with side slopes no steeper than 3:1 (H:V).
5. Two wet detention ponds are provided to meet the Currituck County Unified Development
Ordinance and are not covered by this permit.
6. 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. By the issuance of
this permit, the Division is granting a minor variance from the no piping requirements as set in
15A NCAC 2H.1005(2)(a)(ii), at several locations. The locations covered by this variance are
the inlets and the outlets for proposed BMP's and the piping between lots 5 and 6, 12 and 13,
26 and 27, 32 and 33, 36 and 37, 43 and 44, 51 and 52 and 66 and 67. The proposed BMP's
will provide better treatment of the stormwater runoff than the vegetated swales lost by approved
piping.
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7. The project shall provide and maintain a minimum 50-foot wide vegetative buffer adjacent all
surface waters, measured horizontally from and perpendicular to the normal pool of
impounded structures, the top of bank of each side of streams and rivers and the mean high
water line of tidal waters. All runoff directed into and through the vegetative buffer must flow
through the buffer in a diffuse manner.
8. Stormwater runoff that is directed to flow through any wetlands shall flow into and through
these wetlands at a non -erosive velocity.
II. SCHEDULE OF COMPLIANCE
1. No person shall alter the approved stormwater management system or fill in, alter, or pipe any
drainage feature (such as swales) shown on the approved plans as part of the Stormwater
management system, except for minimum driveway crossings, unless and until the permittee
submits a modification to the permit and receives approval from the Division.
2. The maximum built -upon area assigned to each lot via this permit and the recorded deed
restrictions may not be increased or decreased by either the individual lot owner or the
permittee unless and until the permittee notifies the Division and obtains written approval from
the Division.
3. The permittee shall review each lot for new construction and all subsequent modifications and
additions, for compliance with the requirements of the permit. The plans reviewed must include
all proposed built -upon area, grading, and driveway pipe placement. The permittee may
establish an Architectural Review Board (ARB) or Committee (ARC) to review new and
modified lot development plans for compliance with the Covenants and Restrictions, including
the BUA limit. However, any approval given by the ARB or ARC on behalf of the permittee
does not relieve the permittee of the responsibility to maintain compliance with the overall
permitted built -upon area for the project.
4. The permittee is responsible for verifying that the proposed built -upon area on each individual
lot, and for the entire project, does not exceed the maximum allowed by this permit. The
permittee shall routinely monitor the lots and where a lot is determined to have exceeded the
permitted maximum BUA, the permittee shall notify the lot owner of such in writing and shall
require remediation within a reasonable time frame to bring the lot into compliance.
5. Curb outlet swales, swales, vegetated areas and other vegetated conveyances shall be
constructed in their entirety, vegetated, and operational for their intended use prior to the
construction of any built -upon surface, per the approved plans.
6. During construction, erosion shall be kept to a minimum and any eroded areas of the swales
or other vegetated conveyances will be repaired immediately.
7. The permittee shall at all times provide and perform the operation and maintenance necessary
as listed in the signed Operation and Maintenance Agreement, such that the permitted curb
outlet swales and stormwater management system functions at its optimum efficiency.
8. 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, 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 SW7160208, as issued by the Division of
Energy, Mineral and Land Resources 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 Division.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division.
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f. The maximum built -upon area per lot is 3,178 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,
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.
h. Filling in, piping or altering any designated 5:1 curb outlet swale or vegetated area
associated with the development is prohibited by any persons.
i. A 50-foot wide buffer must be provided adjacent to surface waters, measured horizontally
from and perpendicular to the normal pool of impounded structures, the top of bank of
both sides of streams and rivers, and the mean high waterline of tidal waters.
j. All roof drains shall terminate at least 50' from the normal pool of impounded structures,
the banks of rivers and streams and the Mean High Waterline of tidal waters.
k. 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.
I. Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the stormwater rules is subject to enforcement
procedures as set forth in N.C.G.S. 143, Article 21.
9. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date
of recording.
10. 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. Redesign or addition to the approved amount of built -upon area or to the drainage area.
c. 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 or a CAMA Major permit was sought.
d. Filling in, piping, or altering any vegetative conveyance shown on the approved plan,
except the minimum driveway crossings.
e. The development of any future area or additional phase(s) noted on the approved plans.
11. All stormwater conveyances will be located in either public rights -of -way, dedicated common
areas or drainage easements. The final plats for the project will be recorded showing all such
required rights -of -way, common areas and easements, in accordance with the approved plans.
12. 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.
13. The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
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.
Page 3 of 5

III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and approval by
the Director. A request to transfer the permit will be considered on its merits and may or may
not be approved. The permittee shall complete, sign and submit one of the two
Name/Ownership Change Forms available online. The Name/Ownership Change Form must
be accompanied by the supporting documentation as listed on the form and must be submitted
to the appropriate Regional Office of the Division at least 60 days prior to any one or more of
the following events:
a. The sale or conveyance of the project area in whole or in part, except for individual lot
sales which are made subject to the recorded covenants and restrictions of record;
b. The sale or conveyance of the common areas to the HOA or POA where the
requirements of Session Law 2011-256 have been met;
c. The dissolution of the corporate entity, LLC, or General Partnership;
d. Bankruptcy and/or foreclosure proceedings;
e. A name change of the permittee;
f. A name change of the project;
g. A mailing address change of the permittee.
2. The Permittee is responsible for compliance with all the terms and conditions of this permit
until such time as the Division approves the permit transfer in writing. Neither the sale of the
project area, in whole or in part, nor the conveyance of common area to a third party
constitutes an approved transfer of the stormwater permit.
3. The permit issued shall continue in force and effect until revoked or terminated.
4. 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.
5. 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 for cause 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.
6. The issuance of this permit does not preclude the Permittee from complying with and obtaining
any and all other permits or approvals that are required in order for this development to take
place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by
any other Local, State or Federal government agency having jurisdiction. Any activities
undertaken at this site that cause a water quality violation or undertaken prior to receipt of the
necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and
subject to enforcement procedures pursuant to NCGS 143-215.6.
7. Any person or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the stormwater rules is subject to enforcement
procedures as set forth in N.C.G.S. 143, Article 21.
8. Approved plans, application, supplements, operation & maintenance agreements and
specifications for projects covered by this permit are incorporated by reference and are
enforceable parts of the permit. A copy of this permit, application, supplements, the operation
and maintenance agreements, and the approved plans and specifications shall be maintained
on file by the Permittee at all times.
9. The Permittee grants permission to DEMLR Staff to enter the property during normal business
hours for the purposes of inspecting the stormwater control system and its components.
10. 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
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Permit issued this the 261h day of February, 2016.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Tracy Davis, P.E., Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5