SW7160604_Final Permit_20160617

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
June 17, 2016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Mr. Anthony W. Sydes, President
A. Sydes Construction, Inc.
PO Box 7122
Jacksonville, NC 28540
Subject: State Stormwater Management Permit No. SW7160604
Fenwick Isle at Bluewater Rise
Low Density Subdivision Project with a Curb Outlet Swale System
Craven County
Dear Mr. Sydes
Secretary
TRACY DAVIS
Director
The Washington Regional Office received a complete, Stormwater Management Permit Application for
Fenwick Isle at Bluewater Rise project on June 9, 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 NCAC2H.1000. We are forwarding Permit No. SW7160604, dated
June 17, 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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 project or 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 150B 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,
,Tracy Davis, P.E., Director
Division of Energy, Mineral and Land Resources
SD: G\LR\SWP\SD\Permits-Low Density\SW7160604
cc: Bobby Billingsley, PE, Thomas Engineering
City of New Bern Inspections
Washington Regional Office
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone]/Fax: [phone]

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
A. Sydes Construction, Inc.
Fenwick Isle at Bluewater Rise
Off of Old Airport Road, Craven 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
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 323,497
square feet of built -upon area (BUA).
2. Each of the 40 lots is limited to a maximum of 4,000 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:\/).
5. Three wet detention ponds are provided to meet the City of New Bern Stormwater guidelines
and are not covered by this permit.
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. 1 005(2)(a)(ii), at several locations. The locations covered by this variance are
the outlets for proposed BMP's 1. and 2 and the piping between lots 1 and 2, 4 and 5, 25 and
26, 36 and 37, 38 and 39. The proposed BMP's will provide better treatment of the stormwater
runoff than the vegetated swales lost by approved piping.
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f. The maximum built -upon area per lot is 4,000 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,
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'iong, 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.
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Permit issued this the 171 day of June, 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
Permit No. SW7160604
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