HomeMy WebLinkAboutSW8071024_CURRENT PERMIT_20220204STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2022 0204
YYYYMMDD
ROY COOPER
Governor
EUZABETH S BISER
Secretary
BRIAN WRENN
Director
February 4, 2022
Marsh Harbour Partners, Inc
Arm Leslie A Fredeen, President
131 Camp Morehead Drive
Morehead City, NC 28557
NORTH CAROLINA
Envtrwunenro/ Quality
Subject Permit Renewal
Post -Construction Stormwater Management Permit No SW8 071024
Marsh Harbour Phase 1, Section 3- Abaco Village at Marsh Harbour
Carteret County
Dear Mr Fredeen
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on February 1, 2022 The Division is hereby notifying you that permit S W8071024 has been
renewed, updated, and re -issued on February 4, 2022, as attached Please be aware that the renewal and re -
issuance of this stormwater permit does not imply that the site is currently in compliance
This permit shall be effective until December 30, 2029 and does not supersede any other agency permit that may
be required The project shall be subject to the conditions and limitations as specified therein This permit does
not impose new or increased stormwater control requirements, it clarifies the rules and requirements of this
program to provide you with a better understanding of your obligations under this permit Failure to comply with
these requirements will result in future compliance problems Please note that this permit is not transferable
except after notice to and approval by the Division
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH) The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAH within thirty (30) days of receipt of this permit You should contact the OAH with all questions regarding
the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, NC 27699-6714, or via telephone at 919431-3000, or visit their website at www NCOAH corn Unless
such demands are made this permit shall be final and binding
If you have any questions concerning this permit, please contact Ashley Smith In the Wilmington Regional
Office, at (910) 796-7215 or ashleym smith@ncdenr gov
Sincerely,
ck mu
5�; Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures Attachment A — Designer's Certification Form
Attachment C — Permitting History
Renewal Application Documents
DES/ams \\\Stormwater\Permits &. Prgects\2007\071024 HD\2022 02 pernut 071024
cc Wilmington Regional Office Stormwater File
D_E Q_,, North Carolina Department of Environmental Quality I DMmon of Energy Nneral and Land Resources
YYlmmgmn Regional Office 1 127 Cardinal Dnve Extension I WJnungotn North Carolina 28405
9107967215
Post -Construction Stormwater Management
Permit No SW8 071024
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION 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
Marsh Harbour Partners, Inc
Marsh Harbour Subdivision, Phase 1, Section 3
Marsh Island Drive at Abaco Drive, Cape Carteret, Carteret County
FOR THE
construction, operation and maintenance of one (1) infiltration basin in compliance with the provisions
of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules') and as outlined in the
application, approved stormwater management plans, supplement, calculations, operation and
maintenance agreement, recorded documents, specifications, and other supporting data (the
"approved plans and specifications") as attached and/or on file with and approved by the Division of
Energy, Mineral and Land Resources (the "Division" or' DEMLR") The project shall be constructed,
operated and maintained in accordance with these approved plans and specifications The approved
plans and specifications are incorporated by reference and are enforceable part of this permit
This permit shall be effective from the date of issuance until December 30, 2029 and shall be subject
to the following specified conditions and limitations The permit issued shall continue in force and
effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission, however, these actions do not stay any condition 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 for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H 1000 and NCGS 143-215 1 et al
I DESIGN STANDARDS
1 This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data
2 This stormwater system has been approved for the management of stormwater runoff as
described in Section 18 of this permit The stormwater control has been designed to handle
the runoff from 102,367 square feet of impervious area which includes 72,000 sf for lots,
24 188 sf for roads and 6,179 sf reserved for future development
3 The subdivision is permitted for 24 lots, each limited to a maximum of 3,000 square feet of
built -upon area
4 All runoff in excess of the design storm must pass through a 50-foot vegetated filter
5 The tract will be limited to the amount of built -upon area indicated on page 2 of this permit, and
per approved plans
Page 1 of 7
Post -Construction Stormwater Management
Permit No SW8 071024
6 All stormwater collection and treatment systems must be located in either public rights -of -way,
dedicated common areas or drainage easements The recorded plats for the project must
show all such required rights -of -way, common areas and drainage easements, in accordance
with the approved plans
The runoff from all permitted built -upon area within the permitted drainage area of this protect
must be directed into the permitted stormwater control system
8 The following design criteria have been permitted for the infiltration basin and must be
provided and maintained at design condition
a Drainage Area, acres
Onsite, ft2
Offsde, ft2
b Total Impervious Surfaces, ft2
c Design Storm, inches
d Basin Depth, feet
e Bottom Elevation, FMSL
f Bottom Surface Area, ft2
g Bypass Weir Elevation, FMSL
h Permitted Storage Volume, ft3
i Type of Soil
t Expected Infiltration Rate, in/hr
k Seasonal High Water Table, FMSL
I Time to Draw Down, hours
m Receiving Stream/River Basin
n Stream Index Number
o Classification of Water Body
II SCHEDULE OF COMPLIANCE
470
204,829
0
102,367
15
20
105
4,852
1250
12,862
Sandy Loam
60
850
52
Boathouse Creek / WOK01
20-31
"SA, HQW'
1 The stormwater management system shall be entirely constructed, vegetated and operational
for its permitted 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 system
will be repaired immediately
3 The permittee shall at all times provide the operation and maintenance necessary to assure
the permitted stormwater system functions at the design condition The approved Operation
and Maintenance Plan must be followed in its entirety and maintenance must occur at the
scheduled intervals including, but not limited to
Semiannual scheduled inspections (every 6 months)
Sediment removal
Mowing and revegetation of slopes and the vegetated filter
Immediate repair of eroded areas
Maintenance of all slopes in accordance with approved plans and specifications
Debris removal and unclogging of bypass structure, infiltration media, flow spreader,
catch basins, piping and vegetated filter
A clear access path to the bypass structure must be available at all times
Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR The records will indicate the date, activity, name of person
performing the work and what actions were taken
The facilities shall be constructed in accordance with the approved plans, the conditions of this
permit, specifications and other supporting data as attached to this permit, and on file with the
Division
Page 2 of 7
Post -Construction Stormwater Management
Permit No SW8 071024
If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation Any deviations from the approved plans and specifications must be noted on
the Certification A modification may be required for those deviations
8 Access to the stormwater facilities for inspection and routine maintenance shall be maintained
via a recorded access easement to the nearest public right-of-way The easement shall be
maintained in a passable condition
9 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
10 No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below For changes to
the protect or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification
a Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc
b Redesign or addition to the approved amount of BUA or to the drainage area
c Further development, subdivision, acquisition, lease or sale of any, all or part of the
protect and/or property area as reported in the approved plans and specifications
d Altering, modifying, removing, relocating, redirecting, regrading or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan
e The construction of any allocated future BUA
f Adding the option to use permeable pavement or #57 stone within the lots as a
permeable surface The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded
g The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications
h Other modifications as determined by the Director
III GENERAL CONDITIONS
1 CORRECTIVE ACTIONS REQUIRED If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -site
stormwater systems These additional or replacement measures shall receive a permit from
the Division prior to construction
2 PERMIT RENEWAL A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H 1045(3)
3 CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes
Page 3 of 7
Post -Construction Stormwater Management
Permit No SW8 071024
TRANSFER This permit is not transferable to any person or entity except after notice to and
approval by the Director Neither the sale of the protect and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit
TRANSFER REQUEST The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H 1045(2) This
request must be submitted within 90 days of the permit holder meeting one or more of
the following
i A natural person who is deceased,
u A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved,
ui A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding
ro A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants,
v The assignment of declarant rights to another individual or entity,
vi The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214 7(c2),
TRANSFER INSPECTION Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit conditions
have been met and that the protect and the on -site stormwater system complies with
the permit conditions Records of maintenance activities performed to date may be
requested Protects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met
COMPLIANCE The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request
a APPROVED PLANS AND SPECIFICATIONS A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable
recorded documents, and specifications shall be maintained on file by the permittee at
all times
b DIVISION ACCESS The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project
c ENFORCEMENT Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the stormwater
rules is subject to enforcement procedures as set forth in NCGS 143 Article 21
d ANNUAL CERTIFICATION The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions
e OBTAINING COMPLIANCE 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 modified plans and certification in writing to the Director that the
changes have been made
Page 4 of 7
Post -Construction Stormwater Management
Permit No SW8 071024
OTHER PERMITS The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, State or Federal government
agency having jurisdiction Any activities undertaken at this site that cause a water
quality violation or undertaken prior to receipt of the necessary permits or approvals to
do so are considered violations of NCGS 143-215 1, and subject to enforcement
procedures pursuant to NCGS 143-215 6
Permit renewed, updated and reissued this the 4th day of February 2022
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
�C&k9 A
rian vvrenn. Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 7
Post -Construction Stormwater Management
Permit No SW8 071024
Marsh Harbor Subdivision, Phase I, Section 3
Stormwater Permit No SW8 071024
Carteret County
Attachment A
Designer's Certification
I, , as a duly registered in the State of North
Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the
project,
(Project)
for (Project Owner) hereby state that, to the best of my
abilities, due care and diligence was used in the observation of the project construction such that the
construction was observed to be built within substantial compliance and intent of the approved plans
and specifications
The checklist of items on page 2 of this form is included in the Certification
Noted deviations from approved plans and specification
Signature
Registration Number
Date
SEAL
Page 6 of 7
Post -Construction Stormwater Management
Permit No SW8 071024
Certification Requirements
1 The drainage area to the system contains approximately the permitted acreage
2 The drainage area to the system contains no more than the permitted amount of built -
upon area
3 All the built -upon area associated with the project is graded such that the runoff drains
to the system
4 All roof drains are located such that the runoff is directed into the system
5 The bypass structure weir elevation is per the approved plan
6 The bypass structure is located per the approved plans
7 A Trash Rack is provided on the bypass structure
8 All slopes are grassed with permanent vegetation
9 Vegetated slopes are no steeper than 3 1
10 The inlets are located per the approved plans and do not cause short-circuiting of the
system
11 The permitted amounts of surface area and/or volume have been provided
12 All required design depths are provided
13 All required parts of the system are provided
14 The required system dimensions are provided per the approved plans
15 All components of the stormwater BMP are located in either recorded common areas
or recorded easements
cc NCDEQ-DEMLR Wilmington Regional Office
Carteret County Building Inspections
Page 7 of 7
Attachment C - Permitting History
Marsh Harbour Phase 1, Section 3- Abaco Village at Marsh Harbour
Permit No SW8 071024
Approval
Date
Permit
Action
BIMS
Version
Description of the Changes
4/18/2008
Original
Approval
10
3/29/2016
Transfer
1 1
from Slowflight of Cedar Point, Inc to
Marsh Harbour Partners, Inc
2/4/2022
1 Renewal
20
lExpires December 30, 2029
DEMLR USE ONLY
Date nred
Fee Paid
Permit Number
I1-44--0`457
1S+� U 710
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER-
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H 1045(3), the current permit holder shall renew their high density permit 180 days
pnor to its expiration Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Sechon 60 (c) This application form is for permit renewals only
A PROJECT INFORMATION
1 State Stormwater Permit Number SW8 071024
2 Project name Marsh Harbour Phase 1, Section Three -Abaco Village at Marsh Harbour
3 Project street address Marsh Island Dnve and Abaco Courts
City (
28584
County Carteret ZIP
4 What if any changes have been made to the project as permitted?
If the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at httos //deg nc gov/about/dwisions/energv-
mineral-land-resources/energy-mineral-land-rules/stormwater-program/post-construction
B PERMITTEE INFORMATION
If changes to the permittee or project name have been made please complete either the Permit Update form
or the Permit Transfer form available at httos //deg nc gov/about/dwisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction State Stormwater Permits do not
automatically transfer with the sale of the property
1 Current Permit Holder's Company Name/Organization Marsh Harbour Partners
2 Signing Official's Name Mr Leslie A Fredeen
3 Signing Official's Title President
4 Mailing Address 131 Camp Morehead Dnve
City Morehead City State NC ZIP
28557
5 Street Address
City State ZIP
6 Phone (?S2) 808-7039 Email LAFredeen(d_)Gmail cam
FEB 0 12022
BY
Stormwater Permit Renewal Form Page 1 of 3 May 11 2018
C SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2 USMP Non -Coastal HQW/ORIA9 Only applications packages that
include all required items listed below will be accepted and reviewed
Initial each item below to indicate that the required information is provided in the application package
LAF 1 A permit application processing fee of $505 00 payable to NCDEQ
LAF 2 One original signed hard copy and one electronic copy of this completed form The signing official
named on this application to represent the current permittee must meet one of the following
a Corporation — a principle executive officer of at least the level of vice-president,
b Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G S 57D "North Carolina Limited Liability Company Act"
c Public Entity — a principal executive officer, ranking official or other duly authorized employee
d Partnership or limited partnership — the general partner,
e Sole proprietor, or
f Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity
LAF 3 One hard copy and one electronic copy of recorded documents required by the original permit that have
not yet been received by DEMLR including deed restrictions, protective covenants
condommrum/planned community declaration and easements If the project has been built include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date
LAF 4 O&M Agreements Please select one
® 1 have a copy of the current recorded O&M Agreement for all SCMs, and 1 will continue to
keep this on file with the permit or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent tome 1 agree to keep this on file with the permit
LAF 5 Designer Certifications Please select one
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division or
® A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed, or
❑ The project has not yet been built
LAF 6 [IF APPLICABLE] If the project has been built one original hard copy and one electronic copy of a
signed sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected and that they have been built and maintained to accordance with the permit
LAF 7 [IF APPLICABLE] When the permtttee is a corporation or a limited liability corporation (LLC) Provide
one hard copy and one electronic copy of documentation from the NC Secretary of State or other
official documentation, which supports the titles and positions held by the persons listed in Section
C 2 per 15A NCAC 2H 1043(3)(b)
https //www sosnc gov/online services/search/bv title/ Business Registration
It= ELo tt< P Rg` 9.
FEB 0 1 2022 I
BY �!
Stormwater Permit Renewal Application Form Page 2 of 3 May 11 2018
D PERMITTEE'S CERTIFICATION
L E5L { E A the person legally responsible for the permit certify that I have
a copy of the Permit and O&M Agreement on site (or 1 will obtain a copy and it will be kept on site) that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project SCMs, or ownership All information provided on this permit renewal application is, to the best of my
knowledge, correcgag6a2fmplete.,^
Signature ! I '1 Date //231ZZ
NOTARIZATION
I, ( t zc, b e a, a Notary Public for the State of
k)c. County of C4 t 4t r t do hereby certify
that _ �_eslie r r e dx personally appeared before me
this the 25 day of S w n�. j 20 2 Z and acknowledge the due
execution of the forgoing instrument Witness my hand and official seal,
(Notary Seal)
Notary Signature C u' N/� F�—
My commission expires
® 0,0
FEB 0 1 2022 I
BY �l
Stormwater Permit Renewal Application Form Page 3 of 3 May 11 2018
Permit No
(to be provided by D W&
State of North Carohna
DepartmLnt of EnN ronment and Natui it Resources
Division of Watei Quaht)
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
INFILTRATION BASIN SUPPLEMENT
This form mot be photocopied foi use ns an ortgtnul
DWO Stormwater Management Plan Review
A complete stonnvater management plan submittal includes a stormwater management permit application, an
infiltration basin supplement for each System, design calculations, soils report and plans and specification
shoving all Stormwater conveyances and system details
PROJECT INFORMATION
Fo/in�r'��Y
Pro)cctName Townhomes of Abaco NotJ M4/a54 AA0.b00P— tr4t5e 1 SeLrto t 3
Contau Pelson I-c6vlt; FkEDEEni Phone Number ( 252 ) gig '70 31
This taorksheet applies to Basin No 1 (and only) in Drainage Area I
tus "inwried on ylunl) (from Form swu 101)
Il DESIGN INFORiNlAT10N - Attach supporting calculationsfdoc,umentation The soils report must he
based upon an actual field investigation and soil bonngs County soil maps arc not an acceptable soutce
of soils information All elevations shall be in feet mean sea level (tms])
Soils Report Summary
Soil 1)Pe Sandy LLoam
Infiltiation Rate _ -� to inlhr of ct/hi/Sf (encle upproprtatc units)
SHWT EIevatton <8 50 pnsl (Seusonal High Warei Table elcration)
Basin Design Parameters
Design Storm
Design Volume
Drawdown Time
Basin Dimensions
Basin Size
Balm Volume Provided
Basin Elevations
Bottom Elevation
Storage Elev anon
I op Elevation
1 5" inch R 5 inch elent lot Sal watery I Inch evcntjorothers)
12,796 c f
022 dav,
1406 tt x 34 5 _ tt - 4,852 stl ft (bartom dimensions)
12,862 c I
rJ
( tl9 E
10 5012 so m,5i AN 1 1 2016
13 50 tinsl
BY ------—
Finn Swt1 103 Rey 3 99 P igc 1 01
iII REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N C Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section 15 A NCAC 2H 1008
initial in the space provided to indicate that the following design requirements have been met and supporting
documentation is attached It the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below Attach justification if a requirement has not been met
Applicants Initials
_�_ a System is located 50 feet from class SA waters and 30 feet from other surface waters
b System is locati d at least 100 feet from water supply wells
c Bottom of system is at least 2 feet above the seasonal high water table
jOIZn',,/41d Bottom of the system is 3 feet above any bedrock or impervious soil horizon
e System is not sited on or in fill material or DWQ approval has been obtained
n14AI f System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way
i i 4,6z g Drainage area for the device is less than 5 acres
/ 1^/ h Soils have a minimum hydraulic conductivity of 0 52 inches per hour and soils report is
attached
i System captures and infiltrates the runoff from the first 1 0 inch of rainfall ( 5 inc vent for
areas draining to SA waters ) Design volume and infiltration calculation ed
System is sized to take into account the runoff at the ultimate built -out potential from all
surfaces draining to the system, including any otf-site drainage Calculations attached
(. Z k All side slopes stabilized with vegetated corer are no steeper than 3 1 (H V)
I A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is provided
m Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches or
dense vegetative cover is provided
n Vegeta i is provided for overflow and detail is shown on plans (Required minimum
lengtW is 50 et for SA waters, 30 feet for other waters)
a� o Flow distribution mechanism within the basin is provided
_ p A benchmark is provided to determine the sedimant accumulation in the pretreatment device
q Runoff in excess of the design volume bypasses off-line systems (bypass detail provided)
r System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within t1VL days A soils report and all
� �/� pertinent draw -down calculations are attached
�7 s Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the project is complete and the entire drainage area is
stabilized
Form SWU-103 Rev 3 99 Page 2 of 3
�WFILTRATION BASIN OPERATION AND MAINTENANCE ACREEMEN7
�l Afta1 every runoff pi oduetng iamfall event and at least monthly inspect the infiltration system for crown,
trash a, -cumulation, Vegetative corer, and general condition
2 Repair eroded areas immediately, re -seed as nccetisaryto maintain adcquatc vegetatne coves, mow
vegetated covet to maintain a maximum height of six inches, and remoNe trash as needed
3 Aftu every runoff produwng rainfall ev cnt and at least monthly inspect the bypass, inflow and m ci flow
structures for blockage and deterioration Remove any blockage and repair the, structure to appioved deign
specification,
Rerun e accumulated sediment from the pretreatment system and infiltration basin annually or when depth
it, the pretreatment unit is reduced to 75% of the oiigmat design depth The system shall be iestoied to the
original design depth without over -excavating over -excavating may cause the required water table
o
separation to be reduced and may compromise the ability of the system to perform as devgned Removed
sediment shall be disposed of in an appropriate manner and shall not be handled in a maiuicr that will
adveisely impact water quality (1 e stockpiling noar a storniwater treatment deN ice of stream etc )
A benchmark shall be established in the pretreatment unit The benchmark will document the of lguial
design depth so that accurate sediment accmnulation readings can be taken The measuring device used to
determine the depth at the benchmark shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments
When the design depth reads n/a feet in the pretreatment unit, the sediment shall be
remoNed from both the pretreatment unit and the infiltration basin
If the DrvlSlon determines that the system is failing, the system will immediately be iepaued to of Igmal
design specifications If the system cannot be repaired to perform its design function, other stonuwatct
control devices as allowed by NCAC 2H 1000 must be designed, appi oN ed and constructed
I acknowledge and agree by my signature below that I am responsible for the performance of the five
maintenance procedures listed above I agree to notity DWQ of anv problems with the ,vLtcln or prior to any
changes to the system or responsible party
print Name and I itle 6451,1 E Q F!t-E De mot!
Address 1;1 CAAT AWL04C-Ah NAP
phone 2- Z- D Date l'11-11�
Signature — —
Note 7hc l(,goll)'r-tsponsi should not be a horneowmis assoc iahon unless more than 500i'5 of the /on have been +old and u
iesrdent ojihe subdn uion has been named the pi esident
T_ p "S 7 , i - a Notary Public for the Stah, of %i�n Dt(,ii �.4�064 . (uunth of
—Ua�a
n FF ap
Pit �onalls Peaiod before nw thn
(11-D DO_f do hertbs ctrttf� that /1 `�/E,AEz)
day of f. L�. ] O 1 and aul nowledgc the due extcutum of the foi_ going tnftlnatton basin mamtenan�e icgmrcmcnts
Witness in;hnYid-nnfloftiOtal seal � � s(L)a L��JpL.vUO'Y\J1
e - t TAMMIE S EBRON Nlv commission expires 2C2n.k "/ 2- ✓) 1
NOTARY PUBLIC
Carteret County �EGEOVE
North Carolina sit.-ro l�
My Commission Expires Dec 18 2016
1 otm swi1;-IM RONv"3 99 Page ; of 3 JAB i �ftl�
01
High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H 1000 and S L 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility Deed
restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon"
area consistent with the design criteria used to size the stormwater control facility
I, WsLtt: A F"OEe't4 , acknowledge, affirm and agree by my signature below, that I will
cause the following deed restrictions and covenants to be recorded prior to the sale of any lot
1 The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number sLiR o,? to 7.4- , as issued by the Division of Energy, Mineral and
Land Resources under the Stormwater Management Regulations
2 The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit
3 These covenants are to run with the land and be binding on all persons and parties claiming under
them
4 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
5 Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Energy, Mineral and Land Resources
6 The maximum allowable built -upon area per lot is 31000 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, gravel, brick, stone, slate, coquina and parking areas, but does
not include raised, open wood decking, or the water surface of swimming pools
OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the following
The maximum built -upon area per lot, in square feet, is as listed below tors (-2AL : 30005,F E4cA
Lot # BUA Lot # BUA Lot # BUA Lot # BUA
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, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools
7 Each lot will maintain a * foot wide vegetated buffer between all impervious areas and surface
waters
**50 foot for projects located in the 20 coastal counties
All runoff from the built -upon areas on the lot must drain into the permitted system This may be
accomplished through a variety of means including roof dram gutters which drain to the street, grading
the lot to dram toward the street, or grading perimeter swales to collect the lot runoff and directing them
into a component of the stormwater collection system Lots that will naturally dram into the system are
not required to provide these additional measures
JAN i 9
Form DRPC-3 Rev 2 05Nov2009 Page t of 2
High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
Signature Date Ile
a Notary Public in the
State of NafZI I,. r�ct- � i ,,.j e�, County of
do hereby certify that r £411 F lq FQL�L-Z TJ personally appeared
before me this the I 1 day of J Ant i 20_Uo_, and acknowledge
the due execution of the foregoing instrument Witness my hand and official seal,
SEAL
ry^^^ y TAMarteret
S EBRON
—]
ignature PUBLIC
My Commission expires �PO„ Y2S�� }� I North Carolina
i My Commission Expires Dec 18 2016
ECEE OS'
JAN 1 12016
t3Y
Form DRPC-3 Rev 2 05Nov2009 Page 2 of 2
/ -
CUP P-ogf oeLAFT C41
Co J C NAB ( 5
Prepared by / Mail to John E Tantum, P A.
Attorney at Law
604-C Cedar Point Boulevard
Cedar Point, North Carohna 28584
Index m the Grantor Index
MARSH HARBOUR Subdi lion
MARSH HARBOUR PARTNERS, INC
s F Pa0pus ;1-0
89
ECEIVIE
JAN 1 1 2016
BY
NOTICE THIS DOCUMENT REGULATES OR PROHIBITS THE USE AND DISPLAY
OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH
CAROLINA AND ALSO REGULATES OR PROHIBITS THE USE AND DISPLAY OF
POLITICAL SIGNS [SEE ARTICLE II, SECTION 2 8(f)]
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
AMENDMENT TO
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR MARSH HARBOUR
THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS is made this _ day of November, 2015 by MARSH HARBOUR
PARTNERS, INC, a North Carolina Corporation (hereinafter referred to as "Declarant")
WITNESSETH
WHEREAS Declarant is the owner and developer of certain real estate in Carteret
County, North Carolina, commonly referred to as "MARSH HARBOUR' and
WHEREAS, Declarant has caused to be recorded a Declaration of Covenants,
Conditions and Restnenons for Marsh Harbotir originally recorded in Book 1220 Page 83
Carteret County Registry and a REVISED DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR MARSH HARBOUR AS RECORDED IN BOOK 1223, PAGE 28
CARTERET COUNTY REGISTRY and
WHEREAS, Declarant has previously amended and revised said Covenants, Conditions
and Restrictions in Book 1278 Page 197, Book 1278 Page 198, Book 1298 Page 174, Book 1389
Page 124 and Book 1415 Page 54, Book 1446, Page 124 and Book 1486 Page 3 all recorded in
Carteret County Registry, and
WHEREAS the Developer wishes to amend Section 9 9 of the Covenants
NOW, THEREFORE pursuant to Section 9 6 of the Revised Declaration of Covenants
for Marsh Harbour, the Declarant does hereby amend said Covenants and all Amendments
thereto for Marsh Harbour by making the following changes, additions or deletions in the
Revised Declaration of Covenants Conditions and Restrictions as originally recorded in
Book 1223 Page 28 and as previously amended as stated herem as follows
Section 9 9 Cmphance with Coastal Stormwater Management Revelations the
following deed restrictions and covenants are incorporated herein pursuant to Title 15 NCAC
2H 1000
(a) The following covenants an, intended to ensure ongoing compliance with State
Storm Water Management Permits that have been issued for each Section of the
Subdivision. Each section is listed below together with the permit number
relating to that section and the maximum square foot impervious coverage on
each lot allowed pursuant to that permit All permits having been issued by the
Division of Water Quality under NCAC 2H 1000
PHASES/SECTIONS
PERMff #
MA7ffMUM S UARE FOOT
IMPERVIOUS COVERAGE
Phase 1, Section I &
060535
4450
Section 2 (except
Lots 25-29
Phase 1, Section 1
060535
6000
Lots 25-29
Phase 2
060919
4093
Phase
070651
5310
Phase Section
071024
3000
(b) The State of North Carohm is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit
(c) These covenants an to run with the land and be binding on all persons and parties
clarm�no
(d) The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolma, Division of Water
Quality
(e) Alteration of the drainage as shown on the approved plan may not take place
without the concurrence of the Division of Water Quality
(f) The maximum allowable built -upon area per lot is as set forth in each permit
described above 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, gravel, bnck, stone, slate, and
coquina, but does not include raised, open wood decking, or the water surface of
swimming pools
(g) This project proposes a curb outlet system Each designated curb outlet swale
shown on the approved plan must be maintained at a minimum of 100' long with
5 1 (H V) side slopes or flatter, have a longitudinal slope no steeper than 5%
carry the follow from a 10 year storm in a non -erosive manner, and maintain a
dense vegetated cover
(h) 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
(i) Each lot will maintain a 50 wide vegetated buffer between impervious arras and
surface waters
�) All roof drams shall terminate at least 50' from the mean lugb water mark of
surface waters
(k) Filling in, piping or altering any designated 5 1 curb outlet Swale associated with
the development is prohibited by any persons
When applicable for the sense of this instrument, the singular should be read as including the
plural and the male, female, and neuter pronouns and adjectives should be read as
interchangeable
Except as herem modified the Covenants as recorded in Book 1486, Page 3 shall remain
in full force and effect.
IN WITNESS WHEREOF, the Declarant has caused this mstru eat to be executed all the
day and year first above written.
MARSH HARBOUR PARTNERS, INC
By
Leslie A. Fredeen/Presrdent
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, the undersigned Notary Public of the County of and State
aforesaid, certify that Leslie A. Fredeen, personally came before me this day and acknowledged
that he its the president of MARSH HARBOUR PARTNERS, INC, a North Carolina
Corporation, and that by authority duly given and as the act of such entity he/she signed the
foregoing instrument in its name on its behalf as its act and deed
Witness my hand and Notarial stamp or seal, this day of November 2015
My Commission Expires
Notary Public
FZR4
MARSH HARBOUR SUBDIVISION
PHASE 1 SECTION 1
MAP BOOK 31 PAGE 218
PHASE 1 SECTION 1
COMBINATION OF LOTS 39 & 40 MAP BOOK 32 PAGE 67
PHASE 1 SECTION 2
MAP BOOK 31 PAGE 303
PHASE 1 SECTION 2
REVISION OF LOTS 47,49,49 MAP BOOK 31 PAGE 916
PHASE 1 SECTION 2
REVISION OF LOT 41 MAP BOOK 31 PAGE 999
PHASE 1 SECTION 3
MAP BOOK 32 PAGE 180
PH SE 2
MAP BOOK 31 PAGE 645
PHASE 3 SECTION I
ORIGINAL MAP BOOK 32 PAGE 68
RE -RECORDED MAP BOOK 32 PAGE 106
PHASE 3 SECTION 2
ORIGINAL MAP BOOK 32 PAGE 140
RE -RECORDED MAP BOOK 32 PAGE 152
PHASE 3 SECTION 3
ORIGINAL MAP BOOK 32 PAGE 228
RE -RECORDED MAP BOOK 32 PAGE 265