SW7941023_Final Permit_20160518

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
Energy, Mineral
and Land Resources TRACY DAVIS
ENVIRONMENTAL OVALITV
May 18, 2016 Director
Diamond Resorts GK Development, LLC
Attn: Ms. Jackie Smullen
10600 West Charleston Blvd
Las Vegas, NV 89135
Subject: Stormwater Permit No. SW7941023
Beachwoods — Planned Commercial Development
Low Density Project
Dear Ms. Smullen: Dare County
The Washington Regional Office received your request for a name/ownership
change for the Beachwoods PCD (formerly Barrier Island Station) located at Cypress
Knee Trail, Kitty Hawk, NC on April 14, 2016. 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. SW7941023 dated May 18, 2016, for the construction and maintenance of
the subject project.
This permit replaces all previous state stormwater permits for this site, and 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be effective from the date of issuance until rescinded, and shall be subject to the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 adjudicator' 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 a staff member in the stormwater group, or me at [phone].
Sincerely,
Samir Dumpor, PE
Regional Engineer
cc: Bissell Professional Group
Town of Kitty Hawk Planning/Inspections
Washington Regional Office
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
943 Washington Square Mall, I Wasltington, 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 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
Diamond Resorts GK Development, LLC
Beachwood, PCD — Kitty Hawk, NC
Dare County
FOR THE
construction, operation and maintenance of a 30% low density commercial site in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwaterrules') 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 (DEMLR) and considered a part of
this permit.
The permit replaces all previous state stormwater permits for this site, and shall be
effective from the date of issuance until rescinded and shall be subject to the following
specific conditions and limitations:
I. DESIGN STANDARDS
This project is a 22.04 acre commercial site located at Cypress Knee Trail in
Kitty Hawk, NC. Total built -upon area, including existing and proposed
modifications, is 2.84 acres.
The overall tract built -upon area percentage for this project must be maintained
at, or below 30%, per the requirements of Section .1005 of the stormwater rules.
4. No pi ing 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 to lots.
Runoff conveyances, such as roadside swales and perimeter ditches, must be
vegetated with side slopes no steeper than 3:1 (H:V).
Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
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II. SCHEDULE OF COMPLIANCE
Roadside swales, vegetated areas 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, per the approved plans.
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 revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Cleaning and repair of catch basin grates, flumes, piping, and the flow
spreader mechanism.
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 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 or to the
drainage area.
e. Further subdivision, acquisition or sale of the project area. 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, piping, or altering any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. 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 has complied with the requirements
of Section 11.12 of this permit.
7. 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.
8. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
9. All roof drains must terminate at least 30' from the Mean High Water mark.
Page 3 of 5

10. 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 SW7941023, as modified,
and 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 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.
The allowable built -upon area shall not exceed 30%. This allotted amount
includes any built -upon area constructed within the 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 vegetated area associated with the
development is prohibited by any persons.
i. A 30' vegetated buffer must be maintained between all built -upon area
and the Mean High Water line of surface waters.
j. All roof drains shall terminate at least 30' from the Mean High Water
Mark.
11. 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.
12. Prior to transfer of ownership, the swales must be inspected and determined to
be in compliance with the permit. Any deficiencies will be repaired or replaced
prior to the transfer.
13. The final plats for the project will be recorded showing all required swale
easements and common areas, in accordance with the approved plans.
Page 4 of 5

III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Energy,
Mineral, and Land Resources, in accordance with North Carolina General
Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance, or
termination does not stay any permit condition.
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 of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
The 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
reissuance of the permit to change the name and incorporate such other
requirements as may be necessary. A formal permit transfer request must be
submitted to the Division of Energy, Mineral, and Land Resources accompanied
by the appropriate fee, documentation from both parties involved, and other
supporting materials as may be appropriate. The approval of this request will be
considered on its merits, and may or may not be approved. The permittee is
responsible for compliance with all the terms and conditions of this permit until
the Division approves the permit transfer.
6. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances imposed by other
government agencies (local, state and federal) which have jurisdiction. If any of
those permits or approvals result in revisions to the plans, a permit modification
must be submitted.
7. The permittee grants permission to DEMLR staff to enter the property during
business hours for the purposes of inspecting the stormwater control system and
it's components.
8. The permittee shall notify the Division of Energy, Mineral, and Land Resources
of any name, ownership or mailing address changes within 30 days.
Permit issued this the 18 th day of May, 2016.
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
Permit No. SW7941023
Page 5 of 5