SW6080802_HISTORICAL FILE_20080910

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW)
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

,KIRBY
WREAL ESTATE GROUP. LLC
To: From: ✓'V4
Fax: `1 J ._ 21q( - IJ 70 Pages:
Phone: Date:
Re: cc:
Message:
AM 27,20
0MR-fAVEf1EVILLEREGI
285 S.E. Broad Street • Y.U. Box 1195 • Southern Pines, NC 28388
Offire: 9io.692.8133 • Fax: g7o.6y2.176o • info@kit'bycotitpanies.com
www.1c.irbyeompanies.com
S/T'd LOL098S OTeT:Ol 09LT3E90Tt, 31diS3 7N3'J ,'SSIJl:w"A 90;cT 800c-1S.-9Fd

DWO USE. ONLY
. date RCiciv�•�I Fee Peed -- Permit Nurnl er
State of North Carolina
Department of Envirinnncnt and Natural Resources
Division of Water Quality
STORNIFWAl'ER MANAGEMENT PERMIT APPLICATION FORM
This form mail lu p0olurnp,:(1liir use ne ail ot1€uml
1. CF,NERAL INFORMATION
1. Applicants name (s'pccify the name of the corporation, individual, etc w110 owns llte project):
Kirby I Io chti( (;nmp, T,LC
2. Print0Wner%Signing Official's mote and title (parson legally responsible for futility and (:ompliance):
Matthew Khbv Member
3.
Mailing; Address fur person listed in ilem 2 abuve:
285 SF Rryad St.
C i rv:Suu th rn Pines
Phone: j`)llJ. ) 692-2731 _
Email;
5tate:NC Zip.2887
Fax: 910 _.) 02-17h11
-1. Project Name (subdivision,facilih,, or establishmentmuue- should beconsistmnlwithproj(.�ctnanteoil plans,
specifications, letter,, operation and maintenance agreements, etc.):
Utllfliy 11opruvements to tierve Forcrpft Woods and Plains
J.
1-ovation of Project (,41cM address):
Michael Rd -SR 1Z-Lo
City:VVIliwel 116 Pines
6. Directions to project (hom nearest major intcrse( tion):
Cou ntv: Moore
7. 1 olitude:36-15 29N LonKfludc:79-24-IhbV of project
R. Contact person who can answer ques00115 about the project
NameSrank 1Nankn, Hubbs, Upchurch & Assoc. Telephunc Number: (910 ) 692-9616
LSmailawa nko!�nbubbsupchu rdt[om
Il. PERMIT INFORMATION:
1. Specily whether project is (chock ono): QNew
FinwSWU-101 Version 8.07
I'a,c,e I u14
nitcnowal 710 odifica tiun
Si2'd L6L09869T6T:01 89LT269OT6 ElidiS3 -lUzl'd A&ID:w"d 93:2T 8082-L2-9HkJ

2. If this appli[ntion is being subnlittod as the result of a renewal or modification to an ccisting permit, list the
e\istinp, permit number and it, issue date (it knor+o)
3. Specify the.. lype of project (check ono).
01 o"' nensity Ill ligh Donsity []Redevelop UCenerrl I'crmlt ❑universal SMP ❑other
4 Additional I'rojrcl Requirements (check al'rp Gcahte blank,):
❑LAMA Major QScdimenlalirm/Erosion Cron trot ❑404/401 I'ermit ❑NPI)hti Shnntwater
Inlnrmatiun on required slate permits can be obtained by r.,intacting the Customer Service C"onter at
1.877-623-6748.
Ill. PROJECT] N FORMAT] (7) N
1. In the spare provided bulutr, summarize hpc+'slorntreatrr will be treated. Also illicit a detailed narrative
(one to two pages) dosrrihi,%stormwater, managomrnl G+r the Project.
5tormwatrr will be amveved by a stormdraina po svlort, and outlet into a shale and Ihi•n into it biuretention cell
with tindel'drains for uutletiny of the tre.olyd slorunvatcr,
2 Shn'mwater carrell Irnm this protect drains In the L_;I ere pear liivur basin.
;. lbtal Silo Area: N/A ., a�; res 4. '1"utal Wetlands Area: N/!\_ ne'Iws
5. 100' Wide Strip of Welland Area: N/A ., _acres (not applicable ifno-wellomis e.tist uu Sit")
6 'lotel P'lrojcct Area*",21.87 acres T Project Built 11pon Area:' III 'Yo
8. How many drainage areas dues the+ project have?7
9. Complete the following information lot each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with tho information for each area provided in the +ante format as below.
Basin Information
Drainage Arcs 1 -
- Drainage Area " -_
Receiving Stream Name
Sprint; Valley Lake
Spring Valley Lake
bVS-I11,B 18-23-h
Stream Class & lades No.
11'5-III,b 18-23-6
Drainage Alen (sf)
Exi-sting hnpervious' Area (sf)
I813d8
771'J09
... -0
0
Pn"posed Impervious"Aria (st)
165705
11.48 ..
,0 Ln +etvious" Area (total)
35.48
Ills* Surface Area
On -site Buildings (sf)
On-siteShrcis (sf)
On -silo Parking (sf)
L>It-SIYC Sid P\yolks (sl
Othcr on-sltc. (sl')
OII-tine (sf)
Irainage Area I
35000
24333
5000
o image Area 2
1411000
13)05
1 U1111
1.0705
Imperohms area is dehnerl as fill built nprm drew utcduding, but aol limifrvl to, hnildinss, roads, porl;ing nr-� ns,
xldrumlL>, gruucl arins, etc.
**7*otal proirrl'orea ,hall be calculated hosed oil file nlrreut pnfiat rcganiing iut losinll ofv CH,710e l the built apron arch
percenm};c rah Illation
ponn SWU-IllI Vcriiom S 07
64353
Ne-o.. 2 of 4
Si`„d L9LR9EVOT6Tral 99LT2698T6 31t11S3 7U3d A8dI',1:W0ru 99:2T 8882-L2-911N

10. 1 low was Lhe off -site impervious area listed above do6vor17here are no off -site impervious a«•as dreiuinti_
hi the ran -site chains , )rea % 'all woodland: and natural conditions).
IV. DEED RESIli I(TIONSAN1) PROTECTIVE C(]VLNANTS
One of the following,leech resu'ictions and protective covenants are required to be recorded for all subdivisions,
nutparcels and Iuture development prior to the sale of any lot. HIM sizes vary significantly, a table listing each lot
nundwo she and the allnwANe built -upon area for each lot must be provided as an ti ttarhrrumt
Fornl DRPC-1
I ligh Density CornmercialSubdivisions
Form DRPC-2
high DensiLV Developments with Oul.pair t is
Form DhP('.-3
High Ucnsity Residential Subdivisions
Focht UKP( -4
Low Density Commercial Subdivisions
I orn, DRPC-5
Low Don silo Rtaidential Subdivisions
Form DI:PC-6
Low Density Kesidenrial Subdrvisions with Curh outlets
ay your signature below, you certify that the recorded deed restrictions and protective covenants for this
project shall include all the applicable sterns required in the above form, that the covenants will be binding
on all parties and persons claiming under them, that they will run with the land, that the required covenants
cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the
We of anv Int.
V. SUPPLEMFNT rORMS
The applicable.slale sturrnwatOr manat;rment permit suppknwnl form(s) listed below must be::ubmitted for each
B1v1f'speiiIrCd liu this project. Contact the Stnnnivater and Cenoral Permits Linn at (919) 7 33-5US3 for the slelus
and availabHlq, of these forms.
Form SW401-Low Density
Form SW'401-Cu rb Oil Het 1; ";tC111
ROM SIV401-0ff.Site System
I'm in SW401-Wet Retention R.lsill
Form ti1,V401-Infiltration Basin
Form `SIV4014rdill ration Trench
Form 51MU'l-Bion•hmhon Cell
ROM SW4111-LrQ Spreader
Pori SlV401-%Versa nd
Form SW401-Grassed Swale
Forn) MN401-`;nod Filter
Form .SWU-101 Version R.07
S/b'd WW38h0TGT:01
Low Density Supplement
C u 11101.1 tlet S) stom Su I)plenieIIt
Off -Site Sysl'cnt supplemenl
WO Detention Basin SuppKirwrit
Tn6hinItion Basin Supplcmcnl.
1,intie rhround infiltration l rent h SuI?plemet) t
Biownoon Cell SupNoment
Level Spreader/Pilter Riparian Ruficr Supplcmmnit
Constructed Welland Supplement
Grassed Swale: Supplon,eot
Sand Filter Suppoirieut
Part•, 3 0174
09LT2690T6 31biS3 _11:i3J hBJI i:wc'-'d 90:2T 8002-L2-91n1:i

\'L SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package include%all of the items listed below. The complete application package should be.
submitted to the appropriate DIVQ Office. (Approprio lc office may be found by locating; projecl no Ihc•
inleractive online map al. bulgy ��h2o.rnr.,•tote.uC.ur•�>u�:p.i_map.e.hlm)
1. Please indicate Ihnl you Lave provided the InIlntving rerlunQd inforntaLion by initial in I, in the space provided
neat to each item.
Initials
Original of lilt? S't rruwator Management Pornnt Application Form
• Original and mrr n,pq of the Deed Restrictions & Protective Covenants Form
• Origblal of the applicable Supplenlent Foriu(.$) and 0h'Lvl agreemont(s) for each Bmv )
• Permit application processing fee of $505 ($4,000 for Fxpress) payal,+le to N(J )FNh 7
• Calcula tiona,f. detailed narrative desn ipllno d,torruwater it catmell L/lounagemeot
Copy i,f auy applicable soil I
• 'I'Itroo ropier of plane and spucifirceifiralinns (sealed, signal &dated), including.
_ D0veloPrrte1lt/Project 0u11le
Fngineer and firm
I.egend
- Nnrrh avow
Sale
Rcvi,iun number & dale
Merin high water line
Diurensionc(i property/projorl boundary
Location map with named streets or NCSR numbers
Original contours, proposed contour;; spot elevations, tinished Iiom elevations
Details of roads, drainage features, collection syslcmi, and sturrowater rontrol measures
Wetlands dclllledled, or a note nn plaits that none cxisl
Existing drainage (including off -site), drainage eascumnLs, pipe sine%, runoff calculations
Drainage areas delincaLed
\vegetated buffers (whoro required)
VII. ACENT AUTHORIZATPON
If you wi%h to designate at.nhnrily to another individual or Firm sn Ilr,.if Wey utay provide Information on your
bcb.df, plerwe rnmplcic this section.
Elc%i{Dated agonl (individual or firni):lhank Wankn- Hobbs. Upchillch and Assoc., P.A.
Mailing Addws,"PO Lion "1.7'17
(_Ity:cioollivro Pincs
Pl)o,�e: 910 ). 6924616
Emai I:fw_ankil!(ghobhs„ pclw rch.com
rill. AP'PLICAN'1" S CtiRTIFTC.ATION
Slate:N(, Zip:28388 .,.
Fax [phone]
I, ('Print nr h/pc Home otprn;ou liphvl iu Ccncrnl btfornratinrr, item ?) A1rdNram Kir(+q ...
rrrl ify I:Lxt the information included on this; pot nlil apfdi(atiun form is, to the Gent of my I:nowlell};e, t orre(t and
Ihat the project will be coustnutrd in epltfernlrinrr will) lilt- approved plans, that the rcaluirod dcc(I restrictions
Mid protectivecovennnl,c „ill be recorded, and that the proposed project complies Willi [lit-. requirements of 15A
NCAC 211 .'I000.
�i{�Datm•Ct.-
Fenn SW U-101 feesin..F07
Pngc 4 n1'4
S/S,d L0,L098b0TST:01 09LT2690T6 31diS3 _103'q 90:2T 8002-L2-rJf1C

. .. - DWQ USE ONLY
Date Received Pee Paid Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATIONWttORM""
This forru may be photocopier) for use as an original
SEP
I. GENERAL INFORMATION DER FAy�fENLIEREGIO� E
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Kirby Holding Group, LLC
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
3. Mailing Address for person listed in item 2 above:
285 SE Broad St.
City:Southrn Pines State:NC 7ip:28387
Phone: (910 ) 692-2731 Pax: (910 ) 692-1760
Email:
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Utilitiy Improvements to Serve Foxcroft Woods and Plains
5. Location of project (street address):
City:Whispering Pines County:Moore
6. Directions to project (from nearest major intersection):
7. Latitude:36-15-29N Longitude:79-24-16W of project
8. Contact person who can answer questions about the project:
Name:Frank Wanko, Hobbs, Upchurch &z Assoc. 'Telephone Number: (910 ) 692-5616
[e-mail]
H. PERMIT INFORMATION:
1. Specify whether project is (check one):
®New
❑Renewal ❑Modification
FormSWU-101 Version8.07 Page I of

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
❑Low Density ®I-ligh Density ❑Redevelop ❑General Permit ❑Universal SMP ❑Other
4. Additional Project Requirements (check applicable blanks):
❑CAMA Major ®Sedimentation/Erosion Control ❑404/401 Permit ❑NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
Ill. PROJECT INFORMATION
I. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project .
Stormwater will be conveyed be a stormdrainage sytem and outlet into a swale and then into a bioretention cell
with underdrains for outleting of the treated stormwater.
2. Stormwater runoff from this project drains to the Cape Pear River basin.
3. Total Site Area: N/A acres 4. 'total Wetlands Area: N/A acres
5. 100' Wide Strip of Wetland Area: N/A acres (not applicable if no wetlands exist on site)
6. Total Project Area**:21.87 acres 7. Project Built Upon Area:24.14
8. How many drainage areas does the project have?7
9. Complete the following information for each drainage area If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information
Drainage Area 1
Drainage Area 2
Receiving Stream Name
Spring Valley Lake
Spring Valley Lake
Stream Class & Index No.
WS-111,13 '18-23-6
WS-IILB 18-23-6
Drainage Area (sf)
181348
771309
Existing Impervious* Area (sf)
0
0
Proposed Impervious*Area (so
64353
"165705
Impervious* Area (total)
35.48
21.48
*
Impervious, Surface
'Drainage Area "1
b
Drainage Area 2
g
On -site Buildings (so
35000
140000
On -site Streets (so
24353
13205
On -site Parking (sf)
5000
12500
On -site Sidewalks (st)
Other on -site (so
Off -site (SO
Total (so:
64353
165705
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
**Total project area shall be calculated based on the current polio regarding inclusion ofWetlnuds in tlue built upon area
percentage calculation.
Form SWU-101 Version 8.07 Page 2 ol'4

jJ
10. Flow was the off -site impervious area listed above derived?There are no off -site impervious areas draining_
to the on -site drainage areas (all woodlands and natural conditions).
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions,
outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot
number, size and the allowable built -upon area for each lot must be provided as an attachment.
Form DRPC-1
High Density Commercial Subdivisions
Form DRPC-2
High Density Developments with Outparcels
Form DRPC-3
High Density Residential Subdivisions
Form DRPC-4
Low Density Commercial Subdivisions
Form DRPC-5
Low Density Residential Subdivisions
Form DRPC-6
Low Density Residential Subdivisions with Curb Outlets
By your signature below, you certify that the recorded deed restrictions and protective covenants for this
project shall include all the applicable items required in the above form, that the covenants will be binding
on all parties and persons claiming under them, that they will run with the land, that the required covenants
cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the
sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
13MP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SW401-Low Density
Low Density Supplement
FormSW401-Curb Outlet System
Curb Outlet System Supplement
Form SW401-Off-Site System
Off -Site System Supplement
Form SW401-Wet Detention Basin
Wet Detention Basin Supplement
Form SW401-Infiltration Basin
Infiltration Basin Supplement
Form SW401-Infiltration "french
Underground Infiltration Trench Supplement
Form SW401-13ioretention Cell
Bioretention Cell Supplement
Form SW401-Level Spreader
Level Spreader/Filter Strip/ Restored Riparian Buffer Supplement
Form SW401-Wetland
Constructed Wetland Supplement
Form SW401-Grassed Swale
Grassed Swale Supplement
Form SW401-Sand Filter
Sand Filter Supplement
Form SWU-101 Version 8.07 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the
interactive online map at httn:/,,h2o.enr.stite.nc.us/su/msi mans.htm)
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form
• Original and one copy of the Deed Restrictions & Protective Covenants Form ° S
• Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP _04
• Permit application processing fee of $505 ($4,000 for Express) payable to NCDENR n.5h
• Calculations & detailed narrative description of stornuvater treatment/management (Q�
• Copy of any applicable soil report EQ>�
• Three copies of plans and specifications (sealed, signed & dated), including:
- Development/Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stornuvater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm):Frank Wanko - Hobbs, Upchurch and Assoc., P.A.
Mailing Address:PO Box 1737
City:Southern Pines StateNC Zip:28388
Phone: [phone] Fax: (910 ) 692-7342
EmaiLfwankorr hobbsupchurch.com
VILL APPLICANT'S CERTIFICATION
I, (print or type nacre of person listed in Gencral Information, item 2) Mattllen) Kirby
certify that the information included on this perm it application form is, to the best of my knowledge, correct alid
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of'15A
NCAC 21-1 .1000.
Signature: V �� J Date: �— 7
FormSWU-101 Version8.07 Page 4of4

MVQ USE ONLY
Dale Received
Fee Paid
Permit Number
—0 8
S
J 2✓ Q 5'02
State of North Carolina
Department of Environment and Natural Resources p�
Division of Water Quality DENR—FRO
STORMWATER MANAGEMENT PERMIT APPLICATION FORM Alai G b 2008
This farm may be photocopied for use as an original ®WQ
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Matthew Kirby, Member
3. Mailing Address for person listed in item 2 above:
City:Southrn Pines State:NC Zip:28387
Phone: (910 ) 692-2731 Fax: (910 ) 692-1760
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Utilitiy Improvements to Serve Foxcroft Woods and Plains
5. Location of Project (street address):
City:Whispering Pines County:
6. Directions to project (from nearest major intersection):
7. Latitude:36-15-29N Longitude:79-24=16W of project
8. Contact person who can answer questions about the project:
Name:Frank Wanko, Hobbs, Upchurch & Assoc. Telephone Number: (910 ) 692-5616
[e-mail]
H. PERMIT INFORMATION:
1. Specify whether project is (check one): ®New []Renewal ❑Modification
Form SWU-101 Version 8.07 Page 1 of

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit
and its issue date (if known)
3. Specify the type of project (check one):
❑Low Density ®High Density ❑Redevelop ❑General Permit ❑Universal SMP ❑Other
4. Additional Project Requirements (check applicable blanks):
❑CAMA Major ®Sedimentation/Erosion Control ❑404/401 Permit ❑NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stornnvater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project,
Stormwater will be conveyed by a stormdrainage sytem and outlet into a swale and then into a bioretention cell
Nvith underdrains for outleting of the treated stormwater.
2. Stormwater runoff from this project drains to the Cape Fear River basin.
3. Total Site Area: N/A acres 4. Total Wetlands Area: N/A acres
5. 100' Wide Strip of Wetland Area: N/A acres (not applicable if no metlmrds exist on site)
6. Total Project Area**:21.87 acres 7. Project Built Upon Area:19.10 %
8. How many drainage areas does the project have?7
9. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information.
Drainage Area 1
Drainage Area 2 "
Receiving Stream Name
Spring Valley Lake
Stream Class 8r Index No.
WS-II1,13 18-23-6
Drainage Area (sf)
181348
Existing Impervious* Area (sf)
0
Proposed Impervious*Area (so
63353
% Impervious* Area (total)
34.93
Impervious* Surface Area
Drainage Area 1
Drainage Area 2
On -site Buildings (sf)
35000
On -site Streets (sf)
24353
On -site Parking (sf)
4000
On -site Sidewalks (sf)
Other on -site (so
Off -site (sf)
Total (so:
63353
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
**Total project area shall be calculated based on the current policy regarding inclusion ofeoetlands irr the built upon area
percentage calculation.
Form SWU-101 Version 8.07 Page 2 of

10. I -low was the off -site impervious area listed above derived?There are no off -site impervious areas draining
to the on -site drainage areas (all woodlands and natural conditions).
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions,
outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot
number, size and the allowable built -upon area for each lot must be provided as an attachment.
Form
DRPC-1
High Density Commercial Subdivisions
Form
DRPC-2
High Density Developments with Outparcels
Form
DRPC-3
f ligh Density Residential Subdivisions
Form
DRPC-4
Low Density Commercial Subdivisions
Form
DRPC-5
Low Density Residential Subdivisions
Form
DRPC-6
Low Density Residential Subdivisions with Curb Outlets
By your signature below, you certify that the recorded deed restrictions and protective covenants for this
project shall include all the applicable items required in the above form, that the covenants will be binding
on all parties and persons claiming under them, that they will run with the land, that the required covenants
cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the
sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SW401-Low Density
Low Density Supplement
FormSW401-Curb Outlet System
Curb Outlet System Supplement
Form SW401-Off-Site System
Off -Site System Supplement
Form SW401-Wet Detention Basin
Wet Detention Basin Supplement
Form SW401-Infiltration Basin
Infiltration Basin Supplement
Form SW40"1-Infiltration Trench
Underground Infiltration Trench Supplement
Form SW40"1-Bioretention Cell
Bioretention Cell Supplement
Form SW401-Level Spreader
Level Spreader/Filter Strip/Restored Riparian Buffer Supplement
Form SW401-Wetland
Constructed Wetland Supplement
Form SW401-Grassed Swale
Grassed Swale Supplement
Form SW401-Sand Filter
Sand Filter Supplement
Forni SWU-101 Version 8.07 Page 3 of4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the
interactive online map at http://h2o.encstate.nc.us/su/nisi maps.hun)
Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
• Original and one copy of the Stormwater Management Permit Application Form
• Original and orre copy of the Deed Restrictions & Protective Covenants Form
• Original of the applicable Supplement Fonn(s) and O&M agreement(s) for each BMP
• Permit application processing fee of $505 ($4,000 for Express) payable to NCDENR
• Calculations & detailed narrative description of stormwater treatment/management
• Copy of any applicable soil report
• Three copies of plans and specifications (sealed, signed & dated), including:
- Development/ Project name
- Engineer and firm
- Legend
North arrow
Scale
Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
V1I. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm):Frank Wanko - Hobbs, Upchurch and Assoc., P.A.
Mailing Address:PO I3ox 1737
City:Southern Pines State:NCLip:28388
Phone: (910 ) 692-5616 Fax: (910 ) 692-7342
EmaiLfwanko<r hobbsupchurch.com
Vlll. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, itenr 2) Mattlim; Kirby
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 21-I .1000.
Signature: '�� Date: t'?
(,'LI-0q
Form SWU-101 Version 8.07
Page 4 of 4

ti
Stormwater Management Narrative
Foxcroft Woods and Plains
Erosion Control to Serve Foxcroft Woods and Plains
Moore Countv, NC
August 4, 2008
General Information
1. Name of Project:
2. Gradon Conlrol to Serve Nxcn)1? IUoadr and Plains
3. Street Address, City, County:
114icbael Rd 3 KIS40, ll'/biepering Pines, 2l4aore Corntly
4. Geographic Coordinates: 33.1329N 79.2 1(;W
5. Acres in Tract: 21.57 acres
6. Acres Being Disturbed: 3.0 acres
7. Acres in Wetlands: 0 acres
(Wetlands must be delineated & Sign -Off obtained from USACOE)
(Proposed Wetland Impacts Require Permits from Corps & DWQ)
8. Ownership Information From NC Secretary of State Web Site:
Kirby Holding Group, LLC
9. Description of Development Proposal:
The pzrrpo.ie o/ /bi.t pm)jea h m deeelop lbe 21.87flovs inlo a 35 lol subelirhion lender/ in Vbuper-in,
Pine.i; 114oare Cnun/y, Nnr7h Cwn/Corr. 'I %ii.r proper/y Lr loealed is a IYIS-lll ualer yualily area.
10. Description of Adjacent Land Uses:
Ke.ddenliaL
11. Description of Existing Site & Topography:
Rollin, will) /be len'airr 3errerally .rlapirr; from The blgb poinl al lbe norlbuve.�l career to a low pain/ at lbe
ranlbeasl Corner:
12. Previous or Existing Permits:
13. Tax parcel ID Number:
N/fl
14. Pre-1988 Built Upon Area, If Applicable:
AV
15. Discuss Phasing of the Project & Stormwater Facilities:
Pr vied i.r proposed /o be. airtdruc/ed in a iin;le pbare
16. Discuss Proposed Waste Water Treatment & Water Supply:
Il%a.r/ewaler 'l realnrert/ i.r to done, wilb individual repli' per lol and Illaler Sapply .rball be
praeirled by e. i.slillo nearby mein.,:
17. Identify Historic Sites & Projects Being Funded With Public Monies:
None
18. Disclose Any/All Non -Compliance Issues with DENR Agencies:
None
Stormwater Narrative Page 1 of 2

Stormwater Information
1. River Basin: Cape Fear
2. Stream Classification:
Name. Spring Va//ey Lake Index No.: /8-23-6 Class: Il%S-II1,13 Dist. from Site: 500
fr.
ii. Name: Index No.: Class: Dist. from Site: ft.
iii. Name. Index No.: Class: Dist. from Site: ft.
3. Identify Whether the Stormwater Design is High Density or Low Density, Commercial
or Residential, State Stormwater or NPDES Phase II, Address Vested Rights When
Applicable; Identify Pockets of High Density:
1-1 gb Density, Residewial, Stale S lominialer
4. Proposed Total'Yo Impervious Surface:
19.10%
5. Number of Proposed Treatment Measures, Type(s) of Collection System:
1-1 gb Den.ii}y. Single 13ionvoilion Cc.//.
6. Will All Built Upon Area Be Collected:
YI_S
7. Identify Whether or Not the Project Has Buffer Requirements & Whether or Not
Development Is Proposed Within A Buffer:
A/A
8. Discuss Coastal Management AEC's When Applicable:
N/;'I
9. Discuss Off -Site Runoff:
09',iilc rmni11 lbrruegb lbe proposed iy.ilem will be ndnimi�ed
10. Discuss Whether Road Construction Across Other property Is Necessary To Access
This Project:
i lecexr to lbe properly mill be ria art acenl paiwl inmG:
11. If An On -Site Evaluation Of The Soils Has Been Done, Discuss Infiltration Rates,
Seasonal High Water Table, etc., and Include Date Of Site Evaluation (This Is
Required For Infiltration Projects):
bn-Site 13ralnalion bas been conipleled and nporl i.r eailoserl
Additional Comments
Stormwater Narrative Page 2 of 2

Permit Number: AM
+' (to be provided by DWD)
O=gyp WATF,rOG
ARA
PICDEPdR
�Y
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
BIORETENTION CELL SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information.
I. PROJECT INFORMATION;
Project name Utilitiy Improvements to Serve Foxcroft Woods and Plains
Contact name Frank Wanko
Phone number 910-692-5616
Date July 16, 2008
Drainage area number 1
IL; DESIGN; INFORMATION ''.i-" , t „a, I'.r';a ri Ire',. av 'r.a t +� ,x,;m� ,1 _ P .`i , ' �'f k?' dd.. r
Site Characteristics
Drainage area 181,348.00 ft'
Impervious area 63,353.00 ft2
Percent impervious 34.9% %
Design rainfall depth 1.00 inch
Peak Flow Calculations
1-yr, 24-hr runoff depth
2.50 in
1-yr, 24-hr intensity
5.43 in/hr
Pre -development 1-yr, 24-hr peak Flow
6.78 ft3/sec
Post -development 1-yr, 24-hr peak flow
11.52 ft'/sec
PrelPost 1-yr, 24-hr peak control
4.74 ft3/sec
Storage Volume: Non -SR Waters
Design volume
5,507.10 ft'
Storage Volume: SR Waters
Pre -development 1-yr, 24-hr runoff
ft3
Post -development 1-yr, 24-hr runoff
ft3
Minimum volume required
0.00 ft,
Volume provided
It
Cell Dimensions
Ponding depth of water
12.00 inches
OK
Ponding depth of water
1.00 ft
Surface area of the top of the bioretention cell
5507.10 ft2
OK
Length:
200.00 ft
OK
Width:
28.00 ft
OK
-or- Radius
ft
Soils Report Summary
Drawdown time, ponded volume
12.00 hr
OK
Drawdown time, to 24 inches below surface
36.00 hr
OK
Drawdown time, total:
48.00 hr
In -situ soil:
Soil permeability
in/hr
Planting media soil:
Soil permeability
1.00 in/hr
OK
Soil composition
% Sand (by weight)
85%
OK
% Fines (by weight)
10%
OK
% Organic (by weight)
5%
OK
Total: 100%
Form SW401-Sioretention-Rev.3
Parts I and 11. Design Summary, Page 1 of 2

l'
Permit Numbers ✓U60 oy !i
(to be provided by DWQ)
Phosphorus Index (P-Index)
Basin Elevations
Temporary pool elevation
Planting elevation (top of the mulch)
Bottom of the cell
Planting depth
Depth of mulch
SHWT elevation
Are underdrains being installed?
(unitless)
366.00 fmsl
365.00 fmsl
362.00 fmsl
3.00 ft
4.00 inches
358.00 fmsl
Y (Y or N)
How many clean out pipes are being installed?
10
What factor of safety is used for sizing the underdrains? (See
4.00
BMP Manual Section 12.3.6)
Additional distance between the bottom of the planting media and
1 ft
the bottom of the cell to account for underdrains
Bottom of the cell required
361.00 fmsl
Distance from bottom to SHWT
3.00 It
Type of bioretention cell (answer "Y' to only one of the two
following questions):
T
OK
OK
OK
OK
y
Is this a grassed cell? Y (Y or N) OK
Is this a cell with trees/shrubs? N (Y or N)
Planting Plan
Number of tree species
Number of shrub species
Number of herbaceous groundcover species
Additional Information
Does volume in excess of the desi n volume b ass the
0
bioretention cell? yp Y (Y or N) OK
Does volume in excess of the design volume flow evenly distributed Y (Y or N) OK
through a vegetated filter?
What is the length of the vegetated filter? 150 ft
Does the design use a level spreader to evenly distribute flow? N (Y or N) Show how flow is evenly distributed
Is the BMP located at least 30 feet from surface waters (50 feet if
SA waters)?
Is the BMP localed at least 100 feet from water supply wells?
Are the vegetated side slopes equal to or less than 3:1?
Is the BMP located in a recorded drainage easement with a
recorded access easement to a public Right of Way (ROW)?
Inlet velocity (from treatment system)
Is the area surrounding the cell likely to undergo development in
the future?
Are the slopes draining to the bioretention cell greater than 20%?
Is the drainage area permanently stabilized?
Pretreatment Used
(Indicate Type Used with an "X' in the shaded cell)
Gravel and grass
(8'inches gravel followed by 3-5 ft of grass)
Grassed Swale
Forebay
Y (Y or N) OK
Y (Y or N) OK
Y (Y or N) OK
Y (Y or N) OK
1.30 ft/secInsufficient inlet velocity unless energy dissipating devices are
being used.
N (Y or N) OK
N (Y or N) OK
Y (YorN) OK
P
OK
Form SW401-Bioretention-Rev.3 Parts I and 11. Design Summary, Page 2 of 2

Bio'retentionCell Supporting Calculations; '.
Peak,lnflow Calculations
.,
, , r
Drainage Area'(A ), ` r T
181,348 SF ,
Pre-development"lmpervous Area r (+'1i,
0 SF
Pok-developrn6nt nhperviousArea =-� �� �
63,353 SF,,x = r, '�
,i2;
Pre -development Impervious Percentage
0.60%
Post-'develop'ment Impervious Percentage
Pre='development Run'off,Coefficient (C p f .�
0.30
,
Post -development Run-off Coefficient,( C)
0.51
IJ
Rainfall Depth,(Rd) r ,'
1.0 k"�'
Finding The 10 yr, 24 hr<Storin �i��''� i ,46
„
_yNOAA web'site chart
5.43 inch t _
Time of Concentration:°
Hydraulic, Length L
952 ft °
k" Change in-Elev.,H
26 ft
Tc, (L3/H) 385/128
6.14 min
;
r Depth at Tc `& 10.yr d= a
in/hr.'
,� i yd(in)/tc(min)*,60(min/hr)r
Intensity,.Peak'1 yrnr
ra ' d(in)/tc(min)*60(mm/nr)'
0.41 m/hr' j °
Depth at Tc & 1 yr d
0.35
'
m/hrIr
. r
Pre devoi eloper ent 1 yr 24-hr peak flow x, n
6.78
ft3CI�A'
-,
st-develnent2hrpeak.f
t" �
ec C*I*A4Poft
r�,
Storage Volumes N6n;SR Waters Calculations
Rv = 05+ 9*(imperwous`(ac)/DA (ac))
0.364
V =3630 * Rd *.Rv Ai "'--
5507 09
ft3 -
Cell Dimensions
e a
;pcincling depth of wat6"r iEO
�
m
;.
ft
.area regwred �,SFt
lengtfift,��
).,
"
widthft
a

r.
Permit Number: :!5V /d° M Z
(to be provided by DWQ)
Drainage Area Number:
Bioretention Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
Important operation and maintenance procedures:
— Immediately after the bioretention cell is established, the plants will be watered
twice weekly if needed until the plants become established (commonly six
weeks).
— Snow, mulch or any other material will NEVER be piled on the surface of the
bioretention cell.
— Heavy equipment will NEVER be driven over the bioretention cell.
— Special care will be taken to prevent sediment from entering the bioretention cell.
— Once a year, a soil test of the soil media will be conducted.
After the bioretention cell is established, I will inspect it once a month and within 24
hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal
County). Records of operation and maintenance will be kept in a known set location
and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element:
Potentialproblems:
How I will remediate theproblem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the
Areas of bare soil and/or
Regrade the soil if necessary to
bioretention cell
erosive gullies have formed.
remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
The inlet device: pipe,
The pipe is clogged (if
Unclog the pipe. Dispose of the
stone verge or swale
applicable).
sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged (if
a licable).
Erosion is occurring in the
Regrade the Swale if necessary to
swale (if applicable).
smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
Stone verge is clogged or
Remove sediment and clogged
covered in sediment (if
stone and replace with clean stone.
applicable).
Form SW40 I -Bioretention O&M-Rev.3
Page 1 of 4

BMP element:
Potentialproblems:
How I will remediate theproblem:
The pretreatment area
Flow is bypassing
Regrade if necessary to route all
pretreatment area and/or
flow to the pretreatment area.
gullies have formed.
Restabilize the area after grading.
Sediment has accumulated to
Search for the source of the
a depth greater than three
sediment and remedy the problem if
inches.
possible. Remove the sediment and
restabilize the pretreatment area.
Erosion has occurred.
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion 2roblems.
Weeds are present.
Remove the weeds, preferably by
hand.
The bioretention cell:
Best professional practices
Prune according to best professional
vegetation
show that pruning is needed
practices.
to maintain optimal plant
health.
Plants are dead, diseased or
Determine the source of the
dying.
problem: soils, hydrology, disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary.
Tree stakes/wires are present
Remove tree stake/wires (which
six months after planting.
can kill the tree if not removed).
The bioretention cell:
Mulch is breaking down or
Spot mulch if there are only random
soils and mulch
has floated away.
void areas. Replace whole mulch
layer if necessary. Remove the
remaining much and replace with
triple shredded hard wood mulch at
a maximum depth of three inches.
Soils and/or mulch are
Determine the extent of the clogging
clogged with sediment.
- remove and replace either just the
top layers or the entire media as
needed. Dispose of the spoil in an
appropriate off -site location. Use
triple shredded hard wood mulch at
a maximum depth of three inches.
Search for the source of the
sediment and remedy the problem if
possible.
An annual soil test shows that
Dolomitic lime shall be applied as
pH has dropped or heavy
recommended per the soil test and
metals have accumulated in
toxic soils shall be removed,
the soil media.
disposed of properly and replaced
with new planting media.
Form SW401-Bioretention O&M-Rev.3
Page 2 of 4

BMP element:
Potentialproblems:
How I will remediate theproblem:
The underdrain system
Clogging has occurred.
Wash out the underdrain system.
fif applicable)
The drop inlet
Clogging has occurred.
Clean out the drop inlet. Dispose of
the sediment off -site.
The drop inlet is damaged
Repair or replace the drop inlet.
The receiving water
Erosion or other signs of
Contact the NC Division of Water
damage have occurred at the
Quality 401 Oversight Unit at 919-
outlet.
733-1786.
Form SW401-Bioretention O&M-Rev.3
Page 3 of 4

Permit Number :S-�J(06gZY6 2i
(to be provided by DWQ)
acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the system or prior to any changes to the system or responsible party.
Project name:Utilitiv Improvements to Serve Foxcroft Woods and Plains
BMP drainage area number:
Print name:Matthew Kirby
Address:285 SE Broad St.: Southern Pines, NC 28387
Phone:[phone]
Signature:
Date: 46- A-t%-!J
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
I , a Notary Public for the State of
, County of do hereby certify that
�jp�ic141 personally appeared before me this
day of �GDtI , and acknowledge the due execution of the
forgoing bioretention maintenance requirements. Witness my hand and official seal,
oOWd
A0804
SEAL
My commission expires J249,
Form SW401-Bioretention 1&M-Rev. 2
Page 4 of 4

K
l.:
L
I

41
1.0
lq�[
0.258
3894.59

Permit No' ✓ W Jo y
(to be assigned by DWO)
III. REQUIRED.ITEMSICHECKLIST-� t l
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will
result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to
indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a
requirement has not been met, attach justification.
Pagel Plan
Initials Sheet No.
AQ2:?- S%J-I
a
S0.t
1. Plans IV - 50' or larger) of the entire site showing:
- Design at ultimate build -out,
- Off -site drainage (if applicable),
- Delineated drainage basins (include Rational C coefficient per basin),
- Cell dimensions,
Pretreatment system,
- High flow bypass system,
- Maintenance access,
- Proposed drainage easement and public right of way (ROW),
- Clean out pipe locations,
- Overflow device, and
- Boundaries of drainage easement.
2. Plan details (1' = 30' or larger) for the bioretention cell showing:
- Cell dimensions
- Pretreatment system,
- High flow bypass system,
- Maintenance access,
- Recorded drainage easement and public right of way (ROW),
Design at ultimate build -out,
- Off -site drainage (if applicable),
- Clean out pipe locations,
- Overflow device, and
- Boundaries of drainage easement.
5,0.1 3. Section view of the bioretention cell (1' = 20' or larger) showing:
- Side slopes, 3:1 or lower
- Underdrain system (if applicable), and
- Bioretention cell layers [ground level and slope, pre-treatment, donning depth, mulch depth, fill media
depth, washed sand, filter fabric (or choking stone If applicable), #57 stone, underdrains (if applicable),
I SHWT level(s), and overflow structure]
yi Ee d� l 4 A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. The
results of the soils report must be verified in the field by DWO, by completing & submitting the soils
investigation request form. County soil maps are not an acceptable source of soils Information. All
elevations shall be in feet mean sea level (fmsl). Results of soils tests of both the planting soil and the in
situ soil must include:
- Soil permeability,
1 - Soil composition (% sand, % fines, % organic), and
(1rri)ed -P-index.
v rn Ce 11 5. A detailed planting plan (1' = 20' or larger) prepared by a qualified individual showing:
- A variety of suitable species,
- Sizes, spacing and locations of plantings,
- Total quantity of each type of plant specified,
-A planting detail,
- The source nursery for the plants, and
- Fertilizer and watering requirements to establish vegetation.
SW-1 6. A construction sequence that shows how the bioretention cell will be protected from sediment until the
rp� entire drainage area is stabilized.
Via. En c� o fa 1 7. The supporting calculations (including underdrain calculations, if applicable).
_E^Ct" J 8. A copy of the signed and notarized operation and maintenance (0&M) agreement.
9, A copy of the deed restrictions (if required).
Form SW401-Bioretention-Rev.3 Pan III, Page 1 of 1

Utilitiy Improvements to Serve
Foxcroft Woods and Plains
MOORE COUNTY, NORTH CAROLINA
SOILS REPORT
PREPARED BY:
GRAHAM AND CURRY
P.O. BOX 1089
WEST END, NC 27376
DULY, 2008

�k
07/15/08 0,9:51 FAX [phone] CRA]iml & CIIRRIG
Job
Name N Q y V ��. W iS. P Cr 7 ns S Job No.
la002
TEST BORING FIELD REPORT
vwvilu wuua u
Date % /52- Weather. Elevation
MAMEWN
Water Level ,o / at TOB
Water Level at
—f
Water Level at 24 Hours
Water Losses
Casing, Size Length
Hammer Type
Note: (Record Methods of Drilling & Depths)
C �Dmomu mJ SmmgUI111af6a�..cMfFanNLnvg Log do

.07/15/08 09:51 UA" 910 673 2747GRAHAM & GURRIE
Job
. NP.0 ()4
Dale �� Weather yore
9 003
TEST BOR(NG'FIELD REPORT
SO Hrs. Moving�3,5 Boring #_--2-
Ground Surface
Elevation LIS
�o
- ,►M■■EZ'
■©
■■
MIMMENINME
■■
IMMENNIMME
■■■
■■■■■�■
■■■
■■■■i■■■
■■■
■■■i■■■
i■■i
■■■
IMEM
■■■
■■■■■■■,
IMEN
■■■■■■M
Water Level 9 at TOB
Water Level _C7_ at $
Water Level 4!�6 at 24 Hours
Water Losses
Casing, Size Length
Hammer Type
Note: (Record Methods of Drilling & Depths)

May 13, 2008
Mr. Bradley Bennett
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Foxcroft Woods and Plains Development
Moore County
Mr. Bennett:
In the fall of 2006 we submitted construction drawings for Phase I and Phase II of the
referenced development to NCDENR for approvals and permits. In a October 3, 2006
letter from the Division of Water Quality we were notified that "a State Stormwater
Management Permit is not required for this project."
Based on this letter and other approvals required at the time, a decision was made to go
forward with the construction of the project. Several factors go into the decision making
process for the construction of a residential development. They include the construction
costs based on the approved plans, the number of lots, the projected value of each lot
upon completion of the construction of the infrastructure, and the financing available.
Based on these factors financing of the project was secured. Construction of the
infrastructure began and was completed in early 2008.
Upon completion of construction of the infrastructure we began the next step in the
development process of constructing single family homes. An erosion control plan was
developed for the construction of the homes and submitted to NCDENR. The individual
at NCDENR responsible for the review and approval of the erosion control plan
misunderstood the intent of the submittal and assumed that the plan was submitted for the
construction of the infrastructure and acted accordingly. One of the steps followed was to
notify the Division of Water Quality. On April 15, 2008 we received a letter from the
Division of Water Quality stating that a Stormwater Management Permit was required.
We are requesting that the Division of Water Quality re-evaluate the need for a
Stormwater Management Permit based on the following:
1. The construction of Phase I and Phase iI of the development was approved in
October 2006 without the need for a Stormwater Management Permit.
2. The decision to go forward with the financing and construction of the
development was made based upon approvals at that time.

3. It is not fair for the Division of Water Quality to ask for a Stormwater
Management Permit after the completion of a project when we were informed
prior to beginning construction that a permit was not required. If the permit had
been required at that time and several lots had been eliminated due to the need of
ponds or other measures, then we may or may not have gone forward with the
construction.
4. We received our financing based on the approvals we had at the time we began
construction. The impacts of any additional stormwater management devices
might have on the number of lots or the value of the lots will create a financial
hardship on our development. If these measures had been taken into consideration
prior to construction, they could have been taken into consideration with the
financing received.
5. The only construction remaining to take place is the construction of the homes on
each lot. Lot sizes were approved with a minimum lot size of /z acre which is the
state minimum for lots in the watershed.
Based on these factors we are requesting that the Division of Water Quality re-evaluate
the need for a Storm Water Management Permit for the construction of homes on the
approved lots. If you have any questions, need additional information, or would like to
meet to discuss this issue, please let me know. We look forward towards a quick
resolution.
Sincerely,
Matt Kirby
Kirby Holding Group, LLC
910-692-2731
Copy: Tom Goodwin, Hobbs, Upchurch & Associates