SW7970122_Final Permit_20200110

ROY COOPER
Gwamor
MICHAEL S. REGAN
S=cre: 's,
S. DANIEL SMITH
7vw
'NORT-1 CP:�OLI',G.
Enytron ntal Quality
January 10, 2020
Bay Harbour Community Services Association
Attn: Edward Rhine, President
420 Harbour View Drive
Chocowinity, NC 27817 `
Subject: Stormwater Permit No. SW7970122
Bay Harbour Subdivision
Low Density Stormwater Project
Beaufort County
Dear Edward Rhine:
The Washington Regional Office received a complete Stormwater Management
Permit Application for the transfer of ownership of Bay Harbour Subdivision from
Bluegreen Carolina Land, Inc. to Bay Harbour Community Services Association on
December 6, 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. SW7970122 dated January 10, 2020,
for 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This permit shall be effective from the date of issuance until rescinded, and shall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. Please pay special attention to the
Operation and Maintenance requirements in this permit. Failure to establish an
adequate system for operation and maintenance of the stormwater management
system 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 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 me at [phone].
Sincerely,
William Carl Dunn, PE
Environmental Engineer
cc: Washington Regional Office
Q 'OF)xth ra-ol aD.p tmr t(Ernr ir,a .ta: Q-- 'ty D.v r v�eryr �rrmral am eF•so.r
W hie y.o r yioaal ORi 94.Wash nqt,• SquartMall d shiny x ho^ Car O&ie
u.e
cv.wrts4wwiwia w+aV L L.f4;.54K1

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
Bay Harbour Community Services Association
Bay Harbour Subdivision
Chocowinity, Beaufort County
MoUalloolml
construction, operation and maintenance of a 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:
DESIGN STANDARDS
Each of the 97 lots is limited to a maximum of 9,250 square feet of built -upon area,
as indicated in the application and as shown on the approved plans.
The overall tract built -upon area percentage for the protect must be maintained at
low density as per the requirements of 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.

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. All roof drains must terminate at least 50 foot from the mean high water mark.
6. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
II. SCHEDULE OF COMPLIANCE
1. 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. Mowiny, 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:
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.
G. 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.

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.
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.
9. 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.
10. 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 SW7970122, 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 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 9,250 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 foot wide 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.
11. The permittee shall submit a copy of the recorded deed restrictions within 30 days
of the date of recording.

12. 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.
13. 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.
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 or revised plans and certification in writing to the Director that the
changes have been made.
15. If permeable pavement credit is desired, the permittee must submit a request to
modify the permit to incorporate such language as required by the Division. The
request o modify must include a soils report identifying the type of soil, the
SeasonaltHigh Water Table elevation and the infiltration rate. Upon the successful
completion of a permit modification, the individual lot owners that request to utilize
permeable pavements must submit the necessary forms and documentation to the
permittee and receive approval prior to construction of the permeable pavement.
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 requires 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.
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 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 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 10th day of January, 2020.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
Danny Smith, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7970122