HomeMy WebLinkAboutSW8140416_CURRENT PERMIT_20220708STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 � -0 16
DOC TYPE
CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
Zo22 07 09
YYYYMMDD
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
July 8's, 2022
Signature Top Sail NC, Ltd. LP
Attn: Michael 1-1. Pollak
9337 B Katy Freeway #377
I louston, TX 77024
NORTH CAROLINA
Environmental Quality
Subject: Permit Renewal
Post -Construction Stormwater Management Permit No. SW8 140416
Wyndwater Phase 2
Pender County
Dear Mr. Pollak:
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on July 6th, 2022. The Division is hereby notifying you that permit SW8 1404016 has been
renewed, updated, and re -issued on July 8`s, 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 July 3`a, 2030 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 919-431-3000, or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
This project will be kept on file at the Wilmington Regional Office. If you have any questions concerning this
permit, please contact Dylan McPeake in the Wilmington Regional Office at (910) 796-7215 or
dylan.mcpeake@iicderir.gov.
Sincerely,
Brian Wrenn,Zirector
Division of Energy, Mineral and Land Resources
Enclosures: Attachment C — Permitting History
Renewal Application Documents
DES/DM: \\\Stormwater\Permits & Projects\2014\140416 HD\2022 07 permit 140416
cc: Wilmington Regional Office Stormwater File
w �Effi North Carolina Depanmentof Environmental QuaBty I Division of Energy. Mineral and Land Resources
(df�V `Q,/ Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
•rr�+a� / 910796.7215
Post -Construction Stormwater Management
Permit No. SW8 140416
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
Signature Top Sail NC Ltd. LP
Wyndwater Phase 2 (including Phase 9 lots)
Wyndwater Subdivision, Hampstead, Pender County
FOR THE
construction, operation and maintenance of one (1) wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter referred to as the
"stormwater rules') 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 July 3b, 2030 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.
1. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.8 of this permit. The runoff from all built -upon area within the
permitted drainage area(s) of this project must be directed into the permitted stormwater
control measure(s). The stormwater control measure has been designed to handle the
runoff from 418,899 square feet of impervious area.
Page 1 of 7
Post -Construction Stormwater Management
Permit No. SW8 140416
3. The subdivision is permitted for 69 lots, each limited to a maximum of 4,500 square feet
of built -upon area.
4. The maximum built -upon area allowed for the entire subdivision is 418.899 square feet.
5. The drainage area will be limited to the amount of built -upon area indicated in Sections
1.3 and 1.8 of this permit, and per approved plans.
6. A 50' wide vegetative buffer must be provided and maintained adjacent surface waters,
measured horizontally from and perpendicular to the normal pool of impounded
structures, the top of bank of both sides of streams and rivers and the mean high-water
line of tidal waters.
All runoff being directed into wetlands shall flow into and through those wetlands at a
non -erosive velocity.
8. The following design criteria have been permitted for the wet detention pond and it must
be provided and maintained at the design condition.
Pond 1
a.
Drainage Area, acres:
Onsite, ft2:
Offsite, ft2:
24.01
1,046,055
0
b.
Total Impervious Surfaces, ft2:
Onsite, ft2:
Offsite, ft2:
418,899
0
c.
Average Pond Design Depth, feet:
4.5
d.
TSS Removal Efficiency:
90%
e.
Design Storm, inches:
1.5
f.
Permanent Pool PP Elevation, FMSL:
20.5
g.
Permitted PP Surface Area, ft2:
33,673
h.
Temporary Storage Elevation, FMSL:
21.92
i.
Permitted Storage Volume, ft3:
55,827
j.
Predevelo ment 1 r-24 hr. discharge rate, cfs:
0.95
k.
Controlling Orifice, inch 0 pipe:
4.0
I.
Orifice Flow Rate, cfs:
0.29
m.
PP Volume, ft3:
138,674
n.
Forebay Volume, ft3:
29,015
o.
Maximum Fountain Horsepower:
1/2
p.
Receiving Stream/River Basin:
Mullet Run / Cape Fear
q.
Stream Index Number:
18-87-9-1
r.
Classification of Water Body:
SA; HWO over Y mile
II. SCHEDULE OF COMPLIANCE
No person or entity, including the permittee, shall alter any component of the approved
stormwater system shown on the approved plans unless and until the Division has
approved of the revised plan.
2. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
Page 2 of 7
Post -Construction Stormwater Management
Permit No. SW8 140416
During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately. If the stormwater system is 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.
4. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 140416. as issued by the Division
of Energy, Mineral and Land Resources under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the Division.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division.
f. The maximum built -upon area per lot is 4,500 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.
g. For those lots within CAMA's Area of Environmental Concern, where DCM
calculates a different maximum lot built -upon area, the governing lot BUA shall be
the more restrictive of the two numbers.
h. All runoff from the built -upon areas on the lot must drain into the permitted system.
This may be accomplished through providing roof drain gutters, which drain to the
pond or street, grading the lot to drain toward the street or directly into the pond, or
grading perimeter swales and directing them into the pond or street.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
j. All affected lots shall maintain a 50' wide vegetative buffer adjacent to surface
waters, measured horizontally from and perpendicular to the normal pool of
impounded structures, the top of bank of each side of streams and rivers and the
mean high-water line of tidal waters.
k. 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 G.S. 143, Article 21.
5. A copy of the recorded deed restrictions must be submitted to the Division within 30
days of the date of recording the plat, and prior to selling lots. The recorded copy must
contain all of the statements above, the signature of the Permittee, the deed book
number and page, and the stamp/signature of the Register of Deeds.
6. The permittee shall review all lot plans for new construction and any subsequent
modifications and additions, for compliance with the conditions of this permit. The
permittee shall not approve any lot plans where the maximum allowed built -upon area
has been exceeded, or where revisions to the grading or to the storm drainage system
are proposed unless and until a permit modification has been approved by the Division.
Page 3 of 7
Post -Construction Stormwater Management
Permit No. SW8 140416
The permittee is responsible for the routine monitoring of the project for compliance with
the built -upon area limits, grading, and the storm drainage system established by this
permit, the permit documents, the approved plans, and the recorded deed restrictions.
The permittee shall notify any lot owner that is found to be in noncompliance with the
conditions of this permit in writing, and shall require timely resolution.
8. The permittee shall at all times provide the operation and maintenance necessary to
assure that all components of the permitted stormwater system function at design
condition. The approved Operation and Maintenance Agreement is incorporated by
reference into this permit and must be followed in its entirety and maintenance must
occur at the scheduled intervals.
9. Records of maintenance activities must be kept and made available upon request to
authorized personnel of the Division. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
10. The facilities shall be constructed in accordance with the conditions of this permit, the
approved plans and specifications, and other supporting data.
11. Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool
surface.
C. Separated units, where the nozzle, pump and intake are connected by tubing, may
be used only if they draw water from the surface in the deepest part of the pond.
d. The fountain may not be placed into the forebay.
e. The falling water from the fountain must be centered in the main pond, away from
the shoreline.
f. The maximum horsepower for a fountain in this pond is horsepower.
12. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, the permittee shall cause a certification from
an appropriate designer for the system installed to be submitted, 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.
13. All stormwater collection and treatment systems must be located in either public rights -
of -way, dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such rights -of -way, common areas and easements, in
accordance with the approved plans. Access to the stormwater facilities for inspection
and maintenance shall be maintained via appropriate recorded easements at all times.
14. Prior to transfer of the permit, the stormwater facilities will be inspected by Division
personnel. The project and the stormwater facility must be in substantial compliance with
all permit conditions. Any items not in substantial compliance must be repaired, replaced
or restored to design condition prior to the transfer. Records of maintenance activities
performed to date will be required.
Page 4 of 7
Post -Construction Stormwater Management
Permit No. SW8 140416
15. 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.
16. 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 project or SCM that impact the certifications, a
new or updated certifcation (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
project 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
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.
4. 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 project 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.
Page 5 of 7
Post -Construction Stormwater Management
Permit No. SW8 140416
a. 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;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. 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.
iv. 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);
b. 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 project and the on -site stormwater system complies
with the permit conditions. Records of maintenance activities performed to date
may be requested. Projects not in compliance with the permit will not be
transferred until all permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and
conditions of this permit until the Division approves the transfer request.
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
Page 6 of 7
Post -Construction Stormwater Management
Permit No. SW8 140416
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.
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 and reissued this the 811 day of July, 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
,7,Brian Wrenn,Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 7 of 7
Attachment C - Permitting History
Wyndwater Phase 2
Permit No. SW8 140416
Approval
Permit Action
BIMS
Description of the Changes
Date
Version
7/3/2014
Original
10
Approval
1. The impervious area increased.
8/3/2015
Modification
1.1
2. The pond size increased.
3. The number of lots decreased from 55 to 54 lots.
I. Overall impervious area and drainage area has
increased.
7/15/2016
Modification
12
2. Total number of lots has increased from 54 to 61
3. Pond I has increased in volume
I. This phase 9 of development accounts for the
previously permitted "future" impervious area of
60,300 sf in Phase 2
2. The new impervious area will be allocated as a total
8/23/2018
Modification
1.3
of 40,500 sf for 9 additional lots, and will include
19,800 sf for additional pavement
3. Overall impervious area and drainage area for
Phase 2 remains the same.
1. Changing the allowed built -upon area (BUA) for all
lots to make it 4,500 square feet each.
2. The removal of one lot from previous Phase 9 area
4/3/2022
Modification
1.4
(now totaling 8 lots) this reducing the overall number
of lots by one, for a total of 69 lots with a total BUA
pf 418,899 square feet in this Phase 2.
7/8/2022
1 Renewal
1 2.0
lExpires on 7/3/2030
5060 11101A'1 � fuolo
Operation & Maintenance Agreement
Project Name: lWyndwater Phase 2 _
Project Location: lWyndwater Subdivision
JAN 19 2C'2) 8 l
Cover Page RRcnllll;,, -.
Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept -in a log in a known set
The BMP(s) on this project include (check all that apply & corre;
Bioretention Cell
Quantity:
Dry Detention Basin
Quantity:
Grassed Swale
Quantity:
Green Roof
Quantity:
Infiltration Basin
Quantity:
Infiltration Trench
Quantity:
Level SpreaderA/FS
Quantity:
Permeable Pavement
Quantity:
Proprietary System
Quantity:
Rainwater Harvesting
Quantity:
Sand Filter
Quantity:
Stormwater Wetland
Quantity:
Wet Detention Basin
Quantity:
1
Disconnected Impervious Area
Present:
No
User Defined BMP
Present:
I No
O&M tables
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures
" Responsible Party:
Title & Organization:
Street address:
City, state, zip:
Phone number(s):
Email:
Signature:
I, Garry S.
Michael H. Pollak
Manager - Signature Top Sail NC, LP
9337B Katy Freeway #377
Houston, Texas 77024
713-822-3891
mike@signature-compa!Aes.com
County of New Hanover
personally appeared before me
acknowledge the due execution of the O r
Witness my-,han,d_and official seal,
NOTARY
PuBUG
Date: / n--Z02'd
a Notary Public for the State of North Carolina
do hearby certify that Michael H. Pollak
ay of 106Auovt , Zs 2ci and
anance Agreeme
My commission expires: April 13, 2020
Wet Detention Pond Maintenance Requirements I
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if
one is provided.
Important maintenance procedures
Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the
basin should be watered twice weekly if needed, until the plants become established (commonly six weeks).
No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to
establish the plants on the vegetated shelf.
Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention
basin.
If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the
emergency drain should be minimized to the maximum extent practical.
Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected 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 should be kept in a
known set location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element:
Potential problem:
How I will remediate the problem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the BMP
Areas of bare soil and/or
Regrade the soil if necessary to remove the gully, and then plant a
erosive gullies have formed.
ground cover and water until it is established. Provide lime and a one-
time fertilizer application.
Vegetation is too short or too
Maintain vegetation at a height of approximately six inches.
long.
The inlet device
The pipe is clogged.
Unclog the pipe. Dispose of the sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged.
Erosion is occurring in the
Regrade the swale if necessary to smooth it over and provide erosion
swale.
control devices such as reinforced turf matting or riprap to avoid future
problems with erosion.
Stone verge is clogged or
Remove sediment and replace with clean stone.
covered in sediment (if
applicable).
The forebay
Sediment has accumulated to
Search for the source of the sediment and remedy the problem if
a depth greater than the
possible. Remove the sediment and dispose of it in a location where it
original design depth for
will not cause impacts to streams or the BMP.
sediment storage.
Erosion has occurred.
Provide additional erosion protection such as reinforced turf matting or
riprap if needed to prevent future erosion problems.
Weeds are present.
Remove the weeds, preferably by hand. If pesticide is used, wipe it on
the plants rather than spraying.
The vegetated shelf
Best professional practices
Prune according to best professional practices
show that pruning is needed
to maintain optimal plant
health.
Plants are dead, diseased or
dying.
Determine the source of the 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.
Weeds are present.
Remove the weeds, preferably by hand. If pesticide is used, wipe it on
the plants rather than spraying.
STORM-EZ 1/8/2020
Version 1.4 O&M Manual Page 3 of 5
I Wet Detention Pond Maintenance Requirements (Continued) I
T e main treatment area
Sediment has accumulated to
Search for the source of the sediment and remedy the problem if
a depth greater than the
possible. Remove the sediment and dispose of it in a location where it
original design sediment
will not cause impacts to streams or the BMP.
storage depth.
Algal growth covers over 50%
Consult a professional to remove and control the algal growth.
of the area.
Cattails, phragmites or other
Remove the plants by wiping them with pesticide (do not spray).
invasive plants cover 50% of
the basin surface.
The embankment
Shrubs have started to grow
Remove shrubs immediately.
on the embankment.
Evidence of muskrat or
Use traps to remove muskrats and consult a professional to remove
beaver activity is present.
beavers.
A tree has started to grow on
Consult a dam safety specialist to remove the tree.
the embankment.
An annual inspection by an
Make all needed repairs.
appropriate professional
shows that the embankment
needs repair. (if applicable)
The outlet device
Clogging has occurred.
Clean out the outlet device. Dispose of the sediment off -site.
The outlet device is damaged
Repair or replace the outlet device.
The receiving water
Erosion or other signs of
Contact the local NC Department of Environment and Natural
damage have occurred at the
Resources Regional Office.
outlet.
The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not
readily penetrate into accumulated sediments.
E C E I liJ Ems' '
JAN 14 2020
BY•
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Version 1.4 O&M Manual Page 4 of 5
Sup 4`tOKl6 d+.o�
Wet Detention Pond Design Summary I
Wet Pond Diagram
WET POND ID FOREBAY MAIN POND
1 Permanent Pool El. M
Permanent Pool El.Temporary Pool El: Temporary Pool El:Pretreatment other NoClean Out Depth: Clean Out Depth:than forebay? Sediment Removal El: Sediment Removal El:Has Vag. Filter? No Bottom Elevation: Bottom Elevation: 13
ECEIV
JAN 14 2020
BYE
STORM-EZ 1/8/2020
Version 1.4 O&M Manual Page 5 of 5
Permit Number: SW Fi l tieY/G
(to be provided by DWQ)
Drainage Area Number:
Wet Detention Basin 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.
The wet detention basin system is defined as the wet detention basin,
pretreatment including forebays and the vegetated filter if one is provided.
This system (check one):
does ® does not incorporate a vegetated filter at the outlet.
This system (check one):
❑ does ® does not incorporate pretreatment other than a forebay.
Important maintenance procedures:
— Immediately after the wet detention basin is established, the plants on the
vegetated shelf and perimeter of the basin should be watered twice weekly if
needed, until the plants become established (commonly six weeks).
— No portion of the wet detention pond should be fertilized after the first initial
fertilization that is required to establish the plants on the vegetated shelf.
— Stable groundcover should be maintained in the drainage area to reduce the
sediment load to the wet detention basin.
— If the basin must be drained for an emergency or to perform maintenance, the
flushing of sediment through the emergency drain should be minimized to the
maximum extent practical.
— Once a year, a dam safety expert should inspect the embankment.
After the wet detention pond is established, it should be inspected 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 should be kept in a known set
location and must be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element:
Potentialproblem:
How I will remediate theproblem:
The entire BMP
Trash debris is present.
Remove the trash debris.
The perimeter of the wet
Areas of bare soil and/or
Regrade the soil if necessary to
detention basin
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.
Vegetation is too short or too
Maintain vegetation at a height of
long.
approximately six inches.
Form S W401-Wet Detention Basin O&M-Rev.4 Page 1 of 4
Permit Number:
(to be provided by DWQ)
Drainage Area Number:
BMP element:
Potentialproblem:
How I will remediate theproblem:
The inlet device: pipe or
The pipe is clogged.
Unclog the pipe. Dispose of the
swale
sect iment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged,
Erosion is occurring in the
Regrade the swale if necessary to
swale.
smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.
The forebay
Sediment has accumulated to
Search for the source of the sediment
a depth greater than the
and remedy the problem if possible.
original design depth for
Remove the sediment and dispose
sediment storage.
of it in a location where it will
not cause impacts to streams or
the BMP.
Erosion has occurred.
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
revent future erosion problems.
Weeds are present.
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The vegetated shelf
Best professional practices
Prune according to best professional
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.
Weeds are present.
Remove the weeds, preferably by
hand. If pesticide is used, wipe it on
the plants rather than spraying.
The main treatment area
Sediment has accumulated to
Search for the source of the sediment
a depth greater than the
and remedy the problem if possible.
original design sediment
Remove the sediment and dispose
storage depth.
of it in a location where it will
not cause impacts to streams or
the BMP.
Algal growth covers over
Consult a professional to remove
50% of the area.
and control the algal growth.
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50% of
with pesticide (do not spray).
the basin surface.
Form SW401-Wet Detention Basin O&M-Rev.4 Page 2 of 4
Permit Number:
(to be provided by D 0'Q)
Drainage Area Number:
BMPelement:
Potentialproblem:
Ilow 1 will remediate theproblem:
Theembankment
Shrubs have started to grow
Remove shrubs immediately.
on the embankment.
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present.
consult a professional to remove
beavers.
A tree has started to grow on
Consult a dam safety specialist to
the embankment.
remove the tree.
An annual inspection by an
Make all needed repairs.
appropriate professional
shows that the embankment
needs repair. if applicable)
The outlet device
Clogging has occurred.
Clean out the outlet device. Dispose
of the sediment off -site.
The outlet device is damaged
Repair or replace the outlet device.
The receiving water
Erosion or other signs of
Contact the local NC Division of
damage have occurred at the
Water Quality Regional Office, or
outlet.
the 401 Oversight Unit at 919-733-
1786.
The measuring device used to determine the sediment elevation shall be such
that it will give an accurate depth reading and not readily penetrate into
accumulated sediments.
When the permanent pool depth reads 6_5 feet in the main pond, the sediment
shall be removed.
When the permanent pool depth reads 5_5 feet in the forebay, the sediment
shall be removed.
Sediment Removal
Bottom
15
---------------
FOREBAY
13ASIN DIAGRAM
(fill in the blankv)
(-R Min.
Sediment
Storage
Permanent Pool Elevation 20.5
- Sediment Removal Elevation 14 Volume
Bottom Elevation
MAIN POND
I -0
Storage
Form SW401-Wet Detention Basin O&M-Rev.4
Page 3 of 4
Permit Number:
(to be provided b), D R'Q)
I 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: Wvndwater Phase 2
BA4P drainage basin number:
Print name: Wyndwater Homeowners Association - Michael H. Pollak
Title: Director
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.
1, Garry S. Pape , a Notary Public for the State of
North Carolina County of New Hanover , do hereby certify that
Michael 1-I. Pollak personally appeared before me this OJ
day of IU W 1P+,3- - ?AA'I , and acknowledge the due execution
infiltration basin maintenance requirements. Witness my hand and official seal,
�•`"PY S P.
j%OTAgy
s AUBUG
.,•pfY!MINh1Ed�
SEAL
My commission expires April 13, 2020
Porte SW401-Wet Detention Basin O&M-Rev.4 Page 4 of 4
DEMLR USE ONLY
Date Releiveg
as
Fee Paid
too I say—
Permit Number
YOT
:J
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
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: SW8 140416
2. Project name: Wvndwater Phase 2
3. Project street address: Wvndwater Subdivision
City: Hampstead County: Pender —ZIP:
28443
4. What, if any, changes have been made to the project as permitted? Nbf-.)e
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: htti)s:Hdeg.nc.gov/about/divisions/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: https://decl.nc gov/about/divisions/eneMv-mineral-land-
resources/energv-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: Signature Top Sail NC. Ltd.
2. Signing Official's Name: Michael Fl. Pollak
3. Signing Official's Title: Manager
4. Mailing Address: 9337 B Katy Freeway
City: Houston State: TX ZIP: 77024
5. Street Address:
City:
6. Phone: Q13) 822-3891 Email: mike(ftignature-companies com
ZIP :
�2 Zva: e
JUL 0 6 2022
BY:------ --
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018
i 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/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
I,nitiiaa)l each item below to indicate that the required information is provided in the application package:
/ �l/•�r 1. A permit application processing fee of $505.00 payable to NCDEQ.
1) L 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.
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,
condominium/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.
4. O&M Agreements, Please select one:
® I have a copy of the current recorded O&M Agreement for all SCMs, and I 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 to me. I agree to keep this on file with the permit.
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.
" "�"' 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 in accordance with the permit.
7. (IF APPLICABLE] When the permittee 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).
tL3.otl=B fie° e.._
JUL 0 6 2022
Av.
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018
1 D. PERMITTEE'S CERTIFICATION
I, ��lG/-�o 1- L l^% / 04 L- A 2< the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I 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 is rmit renewal application is, to the best of my
knowledge, corr c a cq let .
Signature: Date:
a Notary Public for the State of
County of do hereby certify
that
Pi
appeared before me
this the Wday of , 20j2,=2__, and acknowledge the due
execution of the forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signatun
My commission
�1ATASo,
NOT
c<
"00UNTy
JUL 0 6 2022
ay.-�
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018
�FIE
I;�Pd
®Rn
NCDENR
Permit No, SV o I4DI1(0 ^'vg%
(to be ProWded by 0:4ro)
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WET DETENTION BASIN 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.
Project name
Contact person
Phone number
Date
Drainage area number
Ill. DESIGN INFORMATION
Site Characteristics
91 G-442-7870
P.E.
0" W A TFgOG
y r
a r
o
Drainage area
1,046,055 ft2
Impervious area, post -development
418,899 fl2
%impervious
40.05 %
Design rainfall depth
1.5 in
Storage Volume: Non -SA Waters
Minimum volume required
53,664 fl'
Volume provided
55,827 If
OK, volume provided is equal to or in excess of volume required.
Storage Volume: SA Waters
1.5" runoff volume
If
Pre -development 1-yr, 24-hr runoff
It
Post -development 1-yr, 24-hr runoff
83
Minimum volume required
ft3
Volume provided
it3
Peak Flow Calculations
Is the pre/post control of the lyr 24hr stonn peak flow required?
N (Y or N)
1-yr, 24-hr rainfall depth
3.8 in
Rational C, pre -development
0.20 (unitless)
Rational C, post -development
0.49 (unitless)
Rainfall intensity: 1-yr, 24-hr storm
Pre 1-yr, 24-hr flow
5.00 in/hr
24.01 ff3lsec4/0
OK
-development peak
Post-development 1-yr, 24-hr peak flow
6008 ff'Isec?Pre/Post
1-yr, 24-hr peak flow control
36.07 ff/sec��Elevations
Temporary pool elevation
21.92 fmsl
_— . r
Permanent pool elevation
20.50 fmsl
= 0313115 -
SHWT elevation (approx. at the perm. pool elevation)
Top loft shelf elevation
20.90 fmsl
21.00 hnsl
�i/ �•.�lt�,
of vegetated
Q • iiINF���
Bottom of 10ff vegetated shelf elevation
20.00 fmsl
// .q • • - • • Q ��
��//�Rr$
Sediment cleanout, top elevation (bottom of pond)
14.00 trust
P Ii�
Sediment cleanout, bottom elevation
13.00 fmsl
l/
Sediment storage provided
1.00 If
` �J
Is there additional volume stored above the state -required temp. pool?
N (Y or N)
Elevation of the top of the additional volume
fmsl
GENE
AN 14 2020
BY'
Form SW401-Wet Detention Basin-Rev.9-4/19/12
II. Design Summary, Page 1 of 2
Permit No.
(to be provided by DWDJ
II. DESIGN INFORMATION
Surface Areas
Area, temporary pool
Area REQUIRED, permanent pool
SAIDA ratio
Area PROVIDED, permanent pool, Apra„ pw
Area, bottom of 1 Oft vegetated shelf, Aep, .0
Area, sediment cleanout, top elevation (bottom of pond), Ay raid
Volumes
Volume, temporary pool
Volume, permanent pool, Vpm, pw
Volume, fombay (sum of forebays if more than one forebay)
Forebay %of permanent pool volume
SAIDA Table Data
Design TSS removal
Coastal SAIDA Table Used?
MountairdPiedmont SAIDA Table Used?
SAIDA ratio
Average depth (used in SAIDA table):
Calculation option 1 used? (See Figure 10-2b)
Volume, permanent pool, Vpa.,,, "
Area provided, permanent pool, Ap„m-ppq
Average depth calculated
Average depth used in SAIDA, d„, (Round to nearest 0.511)
Calculation option 2 used? (See Figure 10-2b)
Area provided, permanent pool, Apra„ ,n,
Area, bottom of 10ft vegetated shelf, Amumer
41,813 ft?
32,428 8'
3.10 (unitless)
33,673 fti OK
29,622 ftv
10,888 ft`
55,827 ft' OK
138,674 ft'
29,015 it'
20.9 % % OK
90 %
Y (Y or N)
(Y or N)
3.10 (unitess)
N (Y or N)
38,674 ft'
33,673 ft'
ft
It
Y (Y or N)
33,673 W
29,622 rye
Area, sediment cleanout, top elevation (bottom of pond), Adpppp„ d 10,888 ft'
Need 3 ft min.
'Depth' (distance blw bottom of 1Oft shelf and top of sediment) 6,00 ft
Average depth calculated 4.57 it OK
Average depth used in SAIDA, d„, (Round to down to nearest 0.5ft) 4.5 ft OK
Drawdown Calculations
Drawdown through orifice?
Diameter al orifice (if circular)
Area of orifice (if -non -circular)
Coefficient of discharge (Ca)
Driving head (Ho)
Drawdown through weir!
Weir type
Coefficient of discharge (C..)
Length of weir (L)
Driving head (H)
Pre -development 1-yr, 24-hr peak flow
Post -development 1-yr, 24-hr peak flow
Storage volume discharge rate (through discharge orifice or weir)
Storage volume drawdown time
Additional Information
Vegetated side slopes
Vegetated shelf slope
Vegetated shelf width
Length of fiowpath to width ratio
Length to width ratio
Trash rack for overflow & orifice?
Freeboard provided
Vegetated filter provided?
Recorded drainage easement provided?
Capums all runoff at ultimate build -out?
Drain mechanism for maintenance or emergencies is:
Y (Y or N)
4.00 in
in
0.60 (unitless)
0.47It
(Y or N)
(unitless)
(unitless)
ft
ft
24.01 ft'Isec
60.08 ft/sec
0.29 ft'/sec
2.24 days
3 :1
10 :1
10.0 It
3 :1
1.6 :1
Y (Y or N)
2.0 ft
N (Y or N)
Y (Y or N)
Y (Y or N)
OK, draws down in 2-5 days.
OK
OK
OK
OK
OK
OK
OK
OK
OK
OK
00FIVE.
JAv 14 2020
ji ,
Bw `�
Form SW401-Wet Detention Basin-Reva-411 Bit Parts I. a II. Design Summary, Page 2 of 2
Permit No. 1 N 0 4vj y ADD
(to be provided by DWQ)
III. REQUIRED ITEMS CHECKLIST
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
it I All
1. Plans (1" - 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),
- Basin dimensions,
- Pretreatment system,
- High Flow bypass system,
- Maintenance access,
- Proposed drainage easement and public right of way (ROW),
- Overflow device, and
- Boundaries of drainage easement.
2. Partial plan (1" = 30' or larger) and details for the wet detention basin showing:
- Outlet structure with trash rack or similar,
- Maintenance access,
- Permanent pool dimensions,
- Forebay and main pond with hardened emergency spillway,
- Basin cross-section,
- Vegetation specification for planting shelf, and
- Filter strip.
3. Section view of the wet detention basin (1" = 20' or larger) showing:
- Side slopes, 3:1 or lower,
- Pretreatment and treatment areas, and
- Inlet and outlet structures.
4. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified
on the plans prior to use as a wet detention basin.
4i � 5. A table of elevations, areas, incremental volumes & accumulated volumes for overall pond and for forebay,
to verity volume provided.
G— 6. A construction sequence that shows how the wet detention basin will be protected from sediment until the
44 e(`L �� entire drainage area is stabilized.
u, 7. The supporting calculations.
8. A copy of the signed and notarized operation and maintenance (O&M) agreement.
`Ilt 9. A copy of the deed restrictions (if required).
�O 10. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. County
soil maps are not an acceptable source of soils information.
Form SW401-Wet Detention Basin-Rev.9-4118/12
aMAN i 2a2o
BY,
Part III. Required Items Checklist, Page 1 of 1
k
State Stormwater Management Systems
Permit No. SW8 140416 MOD
Wyndwater Phase 2
Stormwater Permit No. SW8 140416
Pender County
Designer's Certification
Page 1 of 2
I, 6a> m StJ as a duly registered RJev� -,�� �igW' in the
State of frth Ca olina, having been authorized to observe (periodically/weekly/full time) the
construction of the project,
(ProTct7- ---
for SJ j tQ� IO S W LI
"d (Project Owner) hereby state that, to the best
of my a ilities, due cdre 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 a part of this Certification.
Noted deviations from approved plans and specifications:
Iltlrll
AREAL �.
Signature = G31315 ;
Registration Number 0 1 511-bI
Date Ci 0 /z91 S // RYISi i PP\��
EGEIVE'
AUG 0 5 2019
BY:
Page 8 of 9
k 1
State Stormwater Management Systems
Permit No. SW8 140416 MOD
Certification Requirements: Page 2 of 2
IXI.
The drainage area to the system contains approximately the permitted acreage.
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 outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
Zk10. The inlets are located per the approved plans and do not cause short-circuiting
of the system.
The permitted amounts of surface area and/or volume have been provided.
2. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
e15. The required dimensions of the system are provided, per the approved plan.
16. All components of the stormwater BMP are located in either recorded common
areas, or recorded easements.
cc: NCDEQ-DEMLR Regional Office
Pender County Planning Department
� eAi a;I41 e.C4
ECEIVE•
AUG 0 5 2019 � )
BY:_�
Page 9 of 9
High Density Residential Subdivisions JAN j 4
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 211.1000 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, Michael H. Pollak, acknowledge, affirm and agree by my signature below, that I will cause the following
deed restrictions and covenants to be recorded for Wvndwater - Phase 2 prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number as issued by the Division of Water Quality 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 Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is 4,500 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:
6. The maximum built -upon area per lot, in square feet, is as listed below:
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.
Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface
waters.
**50 foot for projects located in the 20 coastal counties.
8. 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 drain gutters which drain to the street, grading
the lot to drain 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 drain into the system are
not required to provide these additional measures.
OC EIV0F
"I 1 l l",
Br
Form DRPC-3 Rev.2 05Nov2009 Page 1 of 2
High Density Residential Subdivisions
Signature
I, Garry S. Pape , a Notary Public in the
State of North Carolina , County of New Hanover ,
do hereby certify that Michael H. Pollak personally appeared
r-
before me this the F1 day of Jaw 20 , and acknowledge
the due executi of the foregoing instrument. Witness my hand and official seal,
. 0 Wtttunu�y�ty�
Sign �c..
My Commission expires April 13, 2020 IAOTAgy
I't/BLIG
OCEIVE
JAN 14 2020 .
BYE
Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2