SW7190704_Final Permit_20190812

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
August 12, 2019
The James Jarvis and Catherine Thrasher
Revocable Living Trust
c/o Mr. James Jarvis
241 Shingle Landing Road
Moyock, NC 27958
Subject: Stormwater Permit No. SW7190704
The Landing Subdivision
Low Density Stormwater Project
Currituck County
Dear Mr. Jarvis:
The Washington Regional Office received a completed stormwater permit
application for the subject project on July 5, 2019. 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. SW7190704 dated August 12, 2019 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This permit shall be effective from the date of issuance until rescinded and shall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 supersede
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 this office at [phone].
Sincerely,
Samir Dumpor, PE
Regional Engineer
cc: WARO
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davekftissellprofessionalgroup.com
bill. ITewnsPcurrituckcountync.gov
North Carolina Deparnnent of Environmental Quality I Division of Energy, Mineral and Land Resources
Washington Regional Office l 943 Washington Square Mail 1 Washington. North Carolina 27889
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
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 kegulations
PERMISSION IS HEREBY GRANTED TO
The James Jarvis and Catherine Thrasher (Landing) Revocable Living Trust
Mr. James Jarvis and Catherine Thrasher
FOR THE
construction, operation and maintenance of a low density project 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 for the Landing
Subdivision located at 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. This permit is for the construction of a 29-lot single family residential subdivision
on a 72.66-acre tract with 10.47-acres of proposed impervious area. Each of the
29 lots is limited to a maximum built -upon area as stated in the attached deed
restrictions and protective covenances.
2. The overall tract built -upon area percentage for the project must be maintained at
or below 24%, as required by Section 2H .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit and shall be kept
on file by the permittee at all times.
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.

5. No piping is allowed except that minimum amount necessary to direct runoff
beneath an impervious surface such as a road or to provide access.
The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent streams or other surface waters.
The stormwater detention pond as shown on the plans is designed to meet the
requirements of the Currituck County stormwater management ordinance, and as
such, are not part of this permit.
II. SCHEDULE OF COMPLIANCE
The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area.
2. 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.
3. This project may not be sold or subdivided in whole or in part without first receiving
a permit modification from the Division.
4. Prior to the subdivision and/or sale of this project, in whole or in part, the following
deed restrictions must be recorded with the Office of the Register of Deeds:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7190704, as issued by
the Division of Energy, Mineral, and Land Resources under 15A 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 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 stated in the attached deed
restrictions and protective covenances (see attached table). 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. This project may not be sold or subdivided, in whole or in part, without first
receiving a permit modification from the Division.
h. Construction of additional impervious areas such that low -density
requirements are no longer met will require a permit modification prior to
construction. An engineered system will be required to collect and treat the
runoff from all built -upon area associated with the project, including that
area permitted under the low density option.
i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with this development, except for average driveway crossings,
is strictly prohibited by any persons.
j. The built -upon areas shall be located a minimum of 50 feet landward of all
perennial and intermittent surface waters.
A copy of the recorded restrictions must be received in this Office within 30 days
of the date of sale.
6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated
with the permitted development, except for average driveway crossings, is strictly
prohibited by any persons.
7. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modifications to the approved plans, including, but not limited to, those listed
below:
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, 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 was sought.
f. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
8. 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.
9 During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
10 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.
G. 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.

11. Within 30 days of completion of the project, the permittee shall certify in writing
that the project has been constructed in accordance with the approved plans.
12. 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
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 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, 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 Title 15A NCAC
2H.1000 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 DEQ 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.
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 12 th day of August 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-------------------------------------------- for
S. Daniel Smith, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit No. SW7190704

Low Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management
Regulations, deed restrictions and protective covenants are required for Low Density Residential
Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are
necessary to ensure that the development maintains a "built -upon" area consistent with the applicable
regulation governing the density level.
I, James Jarvis. Jr. and Catherine Thrasher Trustees acknowledge and affirm by my signature below, that I
will cause the following deed restrictions and protective covenants to be recorded for The Landing prior
to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number . as issued by the Division of Water Quality under
the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. 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.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is (see table) 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.
7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built -upon area for that lot than is shown herein, the
governing maximum built -upon area for that lot shall be the most restrictive of the two.
8. 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.
9. Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface
waters.
10. All roof drains shall terminate at least 30* foot from the mean high water mark of surface waters.
*50 foot for
projects
(�located In t 20 coastal counties. I I
Signature:_( t3�X Y�PnP�, �l d /� Dates —'"t9
J J �J ►�. ; µ ��,�
Cu,
�� , a Notary Public in the
State of �rg �i rJR , County) of Cu t• ►� , �j�
do hereby certify that C cL 44� -e 1- i Qh-✓ A k e "—personally appeared
before me this the day of r5 e , 30, and acknowledge
the due execution off the foregoing instrument. Witness my hand and official seal,
�✓�"" K \ . --1j SEAL
Signature 1
�f
My Commission expires / 171 RECEIVED JUL D 5 2019
Form DRPC-5 Rev.2 05Nov2009 Page 1 of 1

0
Low Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management
Regulations, deed restrictions and protective covenants are required for Low Density Residential
Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are
necessary to ensure that the development maintains a "built -upon" area consistent with the applicable
regulation governing the density level.
I, James Jarvis. Jr. and Catherine Thrasher. Trustees acknowledge and affirm by my signature below, that I
will cause the following deed restrictions and protective covenants to be recorded for The Landing prior
to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number as issued by the Division of Water Quality under
the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. 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.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is (see table) 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.
7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built -upon area for that lot than is shown herein, the
governing maximum built -upon area for that lot shall be the most restrictive of the two.
8. 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.
9. Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface
waters.
10. All roof drains shall terminate at least 30* foot from the mean high watermark of surface waters.
*50 foot for projects located in the 20 coastal counties.
J 4-d
State of
, a Notary Public in the
County of C Lk- y` r �` - 'A- C-4 ,
do hereby certify that -PS I"1 as • v i S Sr— personally appeared
before me this the r 7- Y day of Z5'k iJ , 20- , and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
SEAL
Signature
My Commission expires _
Form DRPC-5 Rev.2 05Nov2009 Page t of t

THE LANDING
Residential Subdivision
Allowable Built -Upon Area and
Deed Restriction Calculations
Low Density
•1:07 NO "�'
LQ�f' RSA
�':` xi
1
40,000
12,000
2
40,308
12,092
3
40,272
12,082
4
37,969
11,391
5
39,594
11,878
6
40,643
12,193
7
41,383
12,415
8
40,000
12,000
9
40,000
12,000
10
40,776
12,233
11
40,223
12,067
12
40,963
12,289
13
40,000
12,000
14
40,000
12,000
15
40,002
12,001
16
39,809
11,943
17
40,045
12,014
18
40,080
12,024
19
40,000
12,000
20
40,000
12,000
21
42,675
12,803
22
43,648
13,094
23
46,784
14,035
24
44,115
13,235
25
40,000
12,000
26
40,000
12,000
27
39,409
11,823
28
40,000
12,000
29
39,905
11,972
Total
1;178`803
3 `,
Project Area Data:
Area (sf)
Area (Ac)
Proposed Lot Area:
1,178,603
27.06
Proposed Right -of -Way Area:
131,645
3.02
Proposed Common Area:
1,854,815
42.58
Total Project Area:
3,165,063
72.66
Built -Upon Area Data:
Area (sf)
Area (Ac)
Residential Lot Coverage:
353,581
8.12
Roadway Coverage:
64,285
1.48
Sidewalk Coverage:
18,371
0.42
Misc. Other Coverage:
20,000
0.46
Total Built -Upon Area:
456,237
10.47
Percentage Built -Upon Area: 14.41%
6

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