SW7980203_Final Permit_ 19980506

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Washington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
DIVISION OF WATER QUALITY
May 6, 1998
Mr. Tommy Batten
S & T Land, LLC
P.O. Box 3146
New Bern, North Carolina 28563
Subject: Permit No. SW7980203
The Oaks Subdivision
Low Density Stormwater Project
Craven County
Dear Mr. Batten:
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The Washington Regional Office received the completed Stormwater Application for the subject
project on March 16, 1998. 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. SW7980203 dated May 6, 1998 to S & T Land, LLC.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein.
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, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this
permit shall be final and binding.
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

Page 2
Mr. Tommy Batten
May 6, 1998
If you have any questions or need additional information concerning this matter, please contact Mr.
Robert Tankard at [phone], extension 233.
Sincerely,
Roger K. Thorpe
Water Quality Supervisor
Washington Regional Office
cc: Avolis Engineering
Craven County Inspections
.Washington Regional Office
Central Files
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

State Stormwater Management Systems Permit No. SW7980203
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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
S & T Land, LLC
Craven County
construction, operation and maintenance of stormwater management systems 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 Water Quality and considered a part of this
permit for grass swales to serve the proposed Oaks Subdivision site located on NCSR 1113 near
Havelock, NC.
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
I. The following criteria are approved as meeting the stormwater rules for this
project:
a. The total area for this project is 16.95 acres.
b. Total impervious area proposed for this project site is 2.81 acres.
C. Total number of lots is thirty-four.
d. Allowable built -upon area must be consistent with proposed plans and
restrictions submitted in the application by the permittee.

2. The overall tract built -upon area percentage or lot sizes for the project must be
maintained at levels at least as stringent as the low density levels specified in the
stormwater rules.
3. The development must demonstrate that no areas within the project site are of
such high density that stormwater runoff threatens water quality.
4. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
5. The only runoff conveyance systems allowed will be vegetated conveyances such
as swales with minimum side slopes of 3:1 (H: V) or curb outlet systems as defined
in the stormwater rules and approved by the Division.
6. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious
surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
Projects covered by this permit will maintain a minimum 50 foot wide vegetative
and forested buffer between all impervious areas and surface waters to satisfy the
Neuse River reparian buffer requirements.
8. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any
vegetative practices (such as swales) shown on the approved plans as part of the
stormwater management system without submitting a revision to the permit and
receiving approval from the Division.
Each of the lots in the subdivision will be limited to the amount of built -upon area
indicated in the approved plans and consistent with item 1 above.
10. The permittee is responsible for verifying that the proposed home plans do not
exceed the allowable built -upon area. Once the lot transfer is complete, the home
plan may not be revised without approval from the permittee, and responsibility for
meeting the built -upon area limit is transferred to the individual homeowner.
11. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of Register of Deeds. A copy of the recorded restrictions
must be received by this Office within 30 days of the date of recording. Recorded
deed restrictions must include, as a minimum, the following statements related to
stormwater management:
a. A statement of the allowable built -upon area per lot in the following form:
"The allowable built -upon area shall not exceed 2,845 square feet, inclusive
of that portion of the right-of-way between the front lot line and the edge
of the pavement, structures, pavement, walkways of brick, stone, slate, not
including wood decking."

b. Items related to stormwater management must remain in the deed
restriction, and this is to be indicated by including the following:
"The covenants pertaining to stormwater regulations may not be changed
or deleted without concurrence of the State."
C. To assure that vegetated conveyances are not piped (in accordance with
item 5) deed restrictions must indicate that:
"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."
12. The Engineer/Owner/Developer/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.
13. The following items will require a modification to the permit:
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 of the project area.
In addition, the Director may determine that other revisions to the project should
require a modification to the permit.
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.
H. SCHEDULE OF COMPLIANCE
The permittee shall comply with the following schedule for construction and maintenance
of the Low Density Option stormwater systems:
a. 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 except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.

2. 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.
3. The permittee shall submit recorded deed restrictions limiting built -upon area per lot in
accordance with Part I, item 9 within 30 days of the date of recording.
4. The Permittee shall submit the Engineer/Owner/Designer/Permittee Certification in
accordance with Part I, item 12,within 30 days of completion of the project.
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
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.
2. 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 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.
5. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for those revisions under any
of the following conditions:
a. Any additions, deletions or redesign of the previously permitted amount of built -
upon area proposed regardless of the size of the modification.
b. Further subdivision of the project area.
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The permit is not transferable to any person 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 request must be submitted to the Division of Water Quality 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.
7. 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.
Permit issued this the 6 th day of May, 1998.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
&_ % �
.;---A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7980203