SW7170915_Final Permit_20171005

ROY COOPER.
Governor
Energy; Mineral &
LandBesoarces: .
ENVIRQMM90TAL QUALITY
October 5, 2017
Allied Properties, LLC
Attn: Justin M. Old, Registered Agent
417 Caratoke Hwy, Unit D
Moyock, NC 27958
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
Subject: Stormwater Permit No. SW7170915
Waterleigh Subdivision, Phase 1
Low Density Subdivision with a Curb Outlet Swale System
Currituck County
Dear Justin M. Old,
The Washington Regional Office received a complete Stormwater Management
Permit Application for the Waterleigh Subdivision, Phase 1 project on September 21,
2017. Staff review of the plans and specifications has determined that the project, as
proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW7170915, dated October 5, 2017, 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This permit shall be effective from the date of issuance until rescinded, and shall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 150E 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,
William Carl Dunn, PE
Environmental Engineer
cc: David A. Deel, PE — Deel Engineering, PLLC (PO Box 3901, Kill Devil Hills, NC 27948)
Currituck County Inspections
Washington Regional Office
State: of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Washington Regional Office f 943 Washington Square Mail I Washington, NC 27889
2529466481

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NPDES PHASE II 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
Allied Properties, LLC
Waterleigh Subdivision, Phase 1
Campus Drive, Moyock, Currituck County
FOR THE
construction, operation and maintenance of a 24% low density subdivision 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 Energy,
Mineral, and Land Resources (Division) 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 project is permitted for 41 lots, each limited to a maximum of (see
Attachment) square feet of built -upon area, as defined by the stormwater rules,
and as indicated in the approved plans.
2. The overall tract built -upon area percentage for the project must be maintained at
or below 24%, per the requirements of Session Law 2006-246 and Section .1005
of the stormwater rules.
The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent surface waters.
State ofNorth .Carolina I Environmental Quality I Energy, Mineral and Land Resources
Washington Regional Office 1943 Washington Square Mall I Washington, NC 27889
252:946 6481

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. All roof drains must terminate at least 50 feet from the mean high water mark of
surface waters.
6. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
7. 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, maintain a dense vegetated cover, and be located in either a dedicated
common area or a recorded drainage easement.
8. Three large wet ponds (17.4 surface acres) have been proposed to meet the
requirements of Currituck County's Stormwater Management Ordinance and as
such are not part of this permit,
II. SCHEDULE OF COMPLIANCE
Curb outlet swales, 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. 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.
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:
State of North Carolina I Environmental Quality I Energy,.Mlneral and Land Resources
Washington Regional Offlce 1' 943 Washington Square Mall IWashington, NC. 27889
252 940 6481

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. 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.
8. By issuance of this permit, the Division is granting a minor variance to the no piping
requirements and the curb outlet minimum 5:1(H:V) side slopes as set in 15A
NCAC 2H.1005(2)(a)(ii),. at locations as required for the management of the three
large wet ponds. The additional treatment gained through the wet ponds provides
the means for granting the minor variance.
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.
10. 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, 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 11.12 and 11.13 of this permit.
11. 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 SW7170915, as issued by
the Division of Energy, Mineral, and Land Resources under NCAC 2H.1000.
State of North Carolina I Environmental Quality I Energy: Mineral and Land Resources
Washington Regional Office 1943 Washington Square Mall I Washington, NC 27889
2529466481

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 Energy, Mineral, and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Energy, Mineral, and Land
Resources.
f. The maximum built -upon area per lot is (See Attachment) 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, 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 footwide 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.
12. The permittee shall submit a copy of the recorded deed restrictions within 30 days
of the date of recording.
13. 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.
14. 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.
15. 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.
State of North. Carolina I Environmental Quality I Energy, Mineral and hand Resources
Washington Regional Offlce 1943 Washington Square Mail I Washington, NC 27889
252 946 6481

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. Conveyance of common areas to third
parties, such as a homeowner's association, by the permittee, where the required
Name/Ownership Change form has not been submitted to and approved by the
Division, does not constitute transfer of the stormwater permit and does not relieve
the permittee of responsibility for maintaining compliance with the permit or
transferring the 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 2006-246,
Title 15A of the North Carolina Administrative Code, Subchapter 2H.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.
State: of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Washington Regional Office 1943 Washington Square Malt I Washington NC 27889
252946.6481

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 5th day of October, 2017.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
Tracy E. Davis, PE, CPM
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Stormwater Permit No. SW7170915
State of North Carolina -I Envimmoental Quality I Energy, Mineral and Land Resources
Washington Regional Office 1943 Washington Square Malt I Washington,.. NC 27889
252:9466481

ezz Waterleigh Subdivision Phase 1-'Impervious Coverage Calculations
Lot Lot Area
Max. Lot Coverage
Number (sf)
(sf)
1
20013
6004
2
20000
6000
3
20000
6000
4
20000
6000
5
20002
6001
6
20003
6001
7
20006
6002
8
20006
6002
9
20002
6001
10
20000
6000
11
20000
6000
12
20000
6000
13
20014
6004
14
20544
6163
15
20409
6123
16
20267
6080
17
20042
6013
18
20563
6169
19
20505
6152
20
20524
6157
21
20658
6197
25
20075
6023
26
20054
6016
27
20290
6087
28
20000
6000
29
20000
6000
30
20000
6000
31
20000
6000
32
20061
6018
33
20092
6028
34
20092
6028
35
20058
6017
36
20265
6080
37
20000
6000
38
20265
6080
50
20000
6000
51
20000
6000
52
20000
6000
53
20000
6000
73
20073
6022
74
20009
6003
Total (sf):
824892
247468
Total (ac):
18.937
5.68
Total Ph 1 Project Area:
Total Lot Area:
Total R/W Area:
Total Open Space Area:
Proposed
Impervious Cover
jsf) ac
2,067,358 47.46
824892 18.93
275735 6.33
966731 22.2
Lot Coverage:
247,468
5.68
Streets:
121,102
2.78
Parking:
7,775
0.18
Sidewalks:
35,064
0.80
Other:
3,383
0.08
Total:
414,792
9.52