SW8020510_Current Permit_20210216

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
February 16, 2021
WDV, Inc.
Attn: Robert Exum, President
PO Box 1967
Wilmington, NC 28402
NORTH CAROLINA
Environmental Quality
Subject: Revised Permit
Stormwater Permit No. SW8 020510
Waterford
Brunswick County
Dear Mr. Exum:
The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal
Application for the subject project on. The Division is hereby notifying you that permit SW8 020510 has been
renewed on February 16, 2021, and shall be effective until February 15, 2029. Please keep this permit on file at
all times. Please note that the renewed, updated, and re -issued permit does not impose new or different terms; it
merely restates some of the previous terms to provide you with a better understanding of your obligations under
the permit.
The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with
the terms and conditions of this state stormwater permit. The plans originally approved on November 25, 2002
and most recently modified on January 5, 2021, will remain in full force and effect in accordance with the
regulations set forth in Title 15A NCAC 2H.1000. This permit is issued in the original permittee's name and will
be transferred in a separate action after this issuance.
This permit is subject to the conditions and limitations as specked therein. Please pay special attention to the
conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed
restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to
establish an adequate system for operation and maintenance of the stormwater management system, to record
deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems.
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.
If you have any questions, need additional copies of the permit or approved plans, please contact Daniel Sams in
the Wilmington Regional Office, at [phone] or [e-mail].
Sincerely,
� Brian Wrenn, � for
Division of Energy, Mineral and Land Resources
Enclosures: Renewal Application Documents
Attachment A — Designer's Certification Form
Attachment B — Built -Upon Area Allocation
Attachment C — Permitting History
DES/dan:\\\Stormwater\Permits & Proiects\2002\020510 HD\2021 02 permit 020510
cc: Gavin Milligan, Cape Fear Engineering
Brunswick County Engineering
Wilmington Regional Office Stormwater File
EE,
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
WiUnington Regional Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405
NORM CAROU
910.796.7215

State Stormwater Management Systems
Permit No. SW8 020510
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
WDV, Inc.
Waterford
Leland, Brunswick County
FOR THE
construction, operation and maintenance of a non -discharging series of wet detention ponds
in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and specifications and
other supporting data as attached and on file with and approved by the Division of Energy,
Mineral and Land Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until February 15, 2029 and shall be
subject to the following specified conditions and limitations:
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 Attachment A.
3. Approved plans and specifications for this project are incorporated by reference and
are enforceable parts of the permit.
4. All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements. The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans.
Page 1 of 8

State Stormwater Management Systems
Permit No. SW8 020510
5. The following design elements have been permitted for this non -discharging series of
wet detention ponds stormwater facility, and must be provided in the system at all
times.
a.
Drainage Area, acres:
580.1
Onsite, ft2:
25,269,353
Offsite, ft2:
None
b.
Total Impervious Surfaces, ft2:
9,874,355 (see Attachment B)
C.
Pond Depth, feet:
3.0 minimum
d.
TSS removal efficiency:
90%
e.
Design Storm:
4", non -discharging pond
f.
Permanent Pool Elevation, FMSL:
Pond 1, FMSL:
21.0
Pond 2-5, FMSL:
20.0
Pond 3, FMSL:
21.5
Pond 4, FMSL:
23.0
Pond 5, FMSL:
20.0
Pond 8, FMSL:
19.0
Pond 9, FMSL:
21.0
Pond 10, FMSL:
22.0
Pond 11, FMSL:
22.0
Pond 12, FMSL:
22.0
Pond 13, FMSL:
22.0
Pond 14, FMSL:
20.0
g.
Permitted Surface Area @PP, ft2:
3,123.260
h.
Permitted Storage Volume, ft3:
3,636,768
i.
Storage Elevation, FMSL:
Pond 1, FMSL:
23.0
Pond 2-5, FMSL:
22.0
Pond 3, FMSL:
23.5
Pond 4, FMSL:
23.0
Pond 5, FMSL:
22.0
Pond 8, FMSL.:
20.0
Pond 9, FMSL:
22.0
Pond 10, FMSL:
23.0
Pond 11, FMSL:
23.0
Pond 12, FMSL:
23.0
Pond 13, FMSL:
23.0
Pond 14, FMSL:
22.0
j.
Controlling Orifice:
n/a, non -discharging pond
k.
Permanent Pool Volume, ft3:
n/a
I.
Forebay Volume, ft3:
n/a
m.
Maximum Fountain Horsepower:
n/a
n.
Receiving Stream / River Basin:
Jackeys Creek/Cape Fear
o.
Stream Index Number:
18-77-3
p.
Classification of Water Body:
"C; Sw"
Page 2 of 8

State Stormwater Management Systems
Permit No. SW8 020510
II. SCHEDULE OF COMPLIANCE
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater management
system without submitting a revision to the permit and receiving approval from the
Division.
2. The permittee is responsible for verifying that the proposed built -upon area for the
entire lot, including driveways and sidewalks, does not exceed the allowable built -upon
area. Once the lot transfer is complete, the built -upon area may not be revised without
approval from the Division of Energy, Mineral and !_and Resources, and responsibility
for meeting the built -upon area limit is transferred to the individual property owner.
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve the homeowner of
the responsibility to maintain compliance with the permitted BUA limit.
4. 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 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
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. 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.
g. Other modifications as determined by the Director.
5. 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.
6. 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.
7. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
Page 3 of 8

State Stormwater Management Systems
Permit No. SW8 020510
8. 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.
9. 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.
10. Permanent seeding requirements for the stormwater control must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design
Manual.
11. 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 020510 Modification, 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 State of North Carolina, Division of Energy,
Mineral and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Energy, Mineral and Land Resources.
f. Impervious Area required to be recorded is as summarized in Attachment B.
These allotted amounts include 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. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales and
directing them into the pond or street. Lots that will naturally drain into the
system are not required to provide these measures.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
j. If the ownership of any commercial lot is not retained by the permittee, the
owner of each of the lots must submit a separate Offsite Stormwater
Management Permit application package to the Division of Energy, Mineral and
Land Resources and receive a permit prior to any construction on the lot.
12. 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.
13. Decorative spray fountains will not be allowed in the stormwater treatment system.
Page 4 of 8

State Stormwater Management Systems
Permit No. SW8 020510
14. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR
personnel. The facility must be in compliance with all permit conditions. Any items not
in compliance must be repaired or replaced to design condition prior to the transfer.
Records of maintenance activities performed to date will be required.
15. The permittee shall at all times provide the operation and maintenance necessary to
assure that all components of the permitted stormwater system function at optimum
efficiency. 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:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
16. 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.
17. The facilities shall be constructed, operated and maintained in accordance with the
provisions of this permit, the approved plans and specifications, and the supporting
documents attached to this permit and on file with the Division.
18. 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.
III. GENERAL CONDITIONS
Current Permittee Name or Address Changes: The permittee shall submit a
completed "Permit Information Update Application Form" (available on the Division
website) to the Division within 30 days to making any one or more of the following
changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee;
2. Permit Transfer: This permit is not transferable to any person or entity except after
notice to and approval by the Director. The permittee shall submit a completed and
signed "Permit Transfer Application Form" (available on the Division website)
accornpanieTBy the require ee an supporting documentation as listed on the form,
to the Division at least 60 days prior to any one or more of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the
case of an individual lot sale that is made subject to the recorded deed
restrictions and protective covenants;
u. The assignruent ur curiveyance of declarant rights to another individual or
entity;
c. 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
d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS )55-14-
05 or NCGS 57D-6-07 and 08;
e. Bankruptcy;
f. Foreclosure, subject to the requirements of Session Law 2013-121,
Page 5 of 8

State Stormwater Management Systems
Permit No. SW8 020510
3. The permittee is responsible for compliance with all of the terms and conditions of this
permit until such time as the Director approves the transfer request. Neither the sale
of the project, in whole or in part, nor the conveyance of common area to a third party
constitutes an approved transfer of the stormwater permit.
4. Any individual or entity found to be in noncompliance with the provisions of this
stormwater management permit or the requirements of the Stormwater rules is subject
to enforcement procedures as set forth in NCGS 143 Article 21.
5. The issuance of this permit does not preclude the Permittee from complying with any
and all statutes, rules, regulations, or ordinances which may be imposed by other
government agencies (local, state, and federal) which have jurisdiction.
6. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or
replacement stormwater management systems.
7. 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 permit conditions.
8. Permittee grants permission to staff of the DEMLR to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
10. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of construction.
11. 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).
Permit modified, updated and reissued this the 16th day of February 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Brianllre ,
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 020510
Page 6of8