SW7980204_Final Permit_19980424

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State of North Carolina
Department of Environment
and Natural Resources
Washington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
DIVISION OF WATER QUALITY
April 24, 1998
Sandpiper Cay Development Corp.
Attn: Mr. Charlie H. Foy
P.O. Box 750
Kitty Hawk, NC 27949
Dear: Mr. Foy:
NCDENR
NIXtIX W OLII DE THEM OF
ENV RCNME µO NA RESOURCES
Subject: Permit No. SW7980204
Eagles Nest Duplexes
Low Density Stormwater Project
Dare County
The Washington Regional Office received the completed
Stormwater Application for the subject project on March 20, 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. SW7980204 dated April 24, 1998 to Sandpiper Cay
Development Corp.
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rescinded and shall be subject to the conditions and limitations as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

Sandpiper Cay Development Corp.
April 24, 1998
Page Two
If you have any questions, or need additional information
concerning this matter, please contact Bill Moore at (919) 946-
6481, extension 264.
Sincerely,
oger K. Th pe
Water Quality Supervisor
Washington Regional Office
cc: Coastal Engineering
Dire County Inspections
�G3ashington Regional -Office
Central Files

State Stormwater Management Systems
Permit No. SW7980204
STATE OF NORTH CAROLINA
OF ENVIRONMENT AND NATURAL
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
Sandpiper Cay Development Corp.
Dare County
101 1IM00
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 Eagles Nest Duplexes located at Kitty Hawk,
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
1. The following criteria are approved as meeting the
stormwater rules for this project:
a. The total area for this project is 5.1 acres.
b. Total impervious area for this project site is 1.44
acres.
C. Total number of lots is 16 SFR.
d. Allowable built -upon area per lot must be
consistent with proposed restrictions submitted in
the application by the permittee.
3

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.
7. Projects covered by this permit will maintain a minimum
30 foot wide vegetative buffer between all impervious
areas and surface waters.
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.
9. 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:
4

a. A statement of the allowable built -upon area per
lot in the following form:
"The allowable built -upon area per lot is specified
in the attached table dated 3/18/98, and shall be
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.
5

e
II. SCHEDULE OF COMPLIANCE
1. 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.
5. 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
1. 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.
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.
M

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 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.
6. 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 24 th day of April, 1998.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
�c
'Preston H
Division of
By Authority
oward, Jr., P.E., Director
Water Quality
of the Environmental Management Commission
Permit Number SW7980204
YI

Eagles Nest
3/18/98
Bldg
Drive
Walk
Optional
Total s.f.
Total s.f.
Duplex
s.f.
s.f.
s.f.
patio
provided
allowed
1
2141
476
108
128
2853
3093
2
2141
469
108
128
2846
3086
3
2141
523
108
128
2900
3140
4
2141
476
108
128
2853
3093
5
2141
773
108
128
3150
3390
6
2141
462
1081
128
2839
3079
7
2141
463
108
128
2840
3080
8
2141
523
108
128
2900
3140
9
2141
463
108
128
2840
3080
10
2141
463
108
128
2840
3080
11
2141
463
108
128
2840
3080
12
2141
537
108
128
2914
3154
13
2141
660
108
128
30371
3277
14
2141
660
1081
1281
30371
3277
15
2141
469
108
1281
28461
3086
16
2141
469
108
1281
28461
3086
463811
50221
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