SW8170316_Permit_20190303

March 8, 2019
Mr. Jack Stocks, Manager
Finley Properties, LLC
211 N. 5"' Avenue
Wilmington, NC 28401
Subject: State Stormwater Management Permit No. SW8 170316
Finley Farms Subdivision
Low Density Subdivision Project with Curb Outlet Swales
Brunswick County
Dear Mr. Stocks:
The Wilmington Regional Office received a complete, modified State Stormwater Management Permit
Application for the subject project on December 10, 2018 with additional information received on February 20,
2019 and March 7, 2019. Staff review of the plans and specifications has determined that the project, as
proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 effective
January 1, 2017. We are forwarding modified Permit No. SW8 170316, dated March 8, 2019, for the
construction, operation and maintenance of the stormwater control measures (SCMs), built -upon areas, as well
as the stormwater collection system and/or vegetated conveyance system associated with the subject project.
Please replace the previously approved plan sheets with the attached modified and approved versions. In
addition, please replace the previous application (SWU-101), proposed deed restrictions, Low Density
Supplement, and the Operation and Maintenance Agreement with the attached modified versions.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions
and limitations as specified therein and does not supersede any other agency permit that may be required.
Please pay special attention to the permit conditions regarding the limitation of built -upon area, modification
of the project, the operation and maintenance of the vegetated conveyance system, and the procedures for
changing ownership of and/or transferring the permit. Please also pay attention to the permit conditions that
requires the recordation of deed restrictions and protective covenants, easements, and the maintenance
agreement, which must all be provided along with certification upon completion of the project. Failure to
comply with these requirements will result in future compliance problems.
The following modifications are included and covered by this permit:
The subject property is located in an unincorporated part of Brunswick County, immediately adjacent
to the Tara Forest subdivision, which is within the Town of Leland. A total of 10 proposed lots will
front on Springstone Drive, an existing public roadway. No new roads, sidewalks, or utilities are
proposed on these lots. A new private roadway, Finley Court, will be constructed to provide access to
an additional 8 lots.
The private cul-de-sac will have curb and gutter with a 5:1 curb outlet swale to an amenity pond,
which drains through a conveyance swale to an existing ditch that parallels Springstone Drive. The
lots fronting Springstone Drive will drain directly, and through interconnected amenity ponds, to the
same existing ditch, which drains southeast towards Lanvale Road. The runoff will enter a 3:1 swale /
ditch (Swale No. 3 in Hearthstone) that runs along the back (western) side of many lots, then turns and
runs along the back (southern) side of many lots in Hearthstone, and will outlet at southeastern corner
of the subdivision, where it enters the DOT right-of-way and flows through a pipe under Old Lanvale
Road and into another roadside ditch.
Portions of the ditch along Springstone Drive, in northern part of the Finley Farms development, will
be filled. The Springstone drive right-of-way does not drain directly to the ditch in this area.
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.

Management
State Stormwater
Permit No. SW8 170316 MOD
If you have any questions, or need additional information concerning this matter, please contact Steve Pusey in
the Wilmington Regional Office, at [phone].
Sincerely,
S. Daniel Smith, Interim Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment A — Certification Forms
Application Documents
GDS/sgp: \\\Stormwater\Permits & Projects\2017\170316 LD\2019 03 permit 170316
cc: David L. Menus, PE, Stroud Engineering
Dept. of Planning & Inspections, Town of Leland
Brunswick County Engineering
NCDOT District Engineer
Wilmington Regional Office Stormwater File
Page 2 of 2

State Stormwater Management
Permit No. SW8 170316 MOD
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW 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
Finley Properties, LLC
Finley Farms Subdivision
Springstone Drive, Brunswick County
FOR THE
construction, operation and maintenance of a 24% low density subdivision project in compliance with
the provisions of Title 15A NCAC 2H .1000 effective January 1, 2017 (the "stormwater rules") and the
approved stormwater management plans, application, supplement, 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") and
considered an enforceable part of this permit.
The permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the management of stormwater described in the
approved plans and specifications. The overall percent of built -upon area (BUA) permitted for
the project must not exceed 24% per the requirements of the stormwater rules. This permit
covers the construction of a total of 97,849 square feet of BUA, which includes 82,007 square
feet of proposed BUA, and 15,842 square feet of future BUA allocation.
2. Each of the eighteen (18) lots are limited to a maximum of 4,000 square feet of built -upon area,
as indicated in the approved plans and specifications.
3. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface
waters, measured horizontally from the normal pool elevation of impounded structures, from the
top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters,
perpendicular to the shoreline in accordance with the stormwater rules and the approved plans
and specifications. All stormwater runoff, including roof drains, shall be released as dispersed
flow no closer than at the edge of the vegetated setback. At no time shall stormwater runoff be
piped into or through the setback.
4. This project has maximized dispersed flow of stormwater runoff through vegetated areas and
minimized the channelization of flow. Stormwater runoff that could not be released as dispersed
flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V)
designed to not erode during the peak flow from the 10-year storm event as defined in the
stormwater rules and approved by the Division.
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State Stormwater Management
Permit No. SW8 170316 MOD
5. No piping shall be allowed except those minimum amounts necessary to direct stormwater
runoff beneath a built -upon area such as a road or driveway when it cannot be avoided.
6. The peak flow from the 10-year storm event shall not cause erosion downslope of the
stormwater outlet discharge point.
II. SCHEDULE OF COMPLIANCE
The project shall be constructed in accordance with the conditions of this permit and the
approved plans and specifications.
2. Vegetated areas and vegetated conveyances shall be entirely constructed, vegetated, and
operational prior to the construction of any individual lot development, per the approved plans
and specifications.
3. During construction, erosion shall be kept to a minimum and any eroded areas of the vegetated
areas or vegetated conveyance system will be repaired immediately.
4. All vegetated conveyance systems, stormwater collection systems, and/or maintenance
accesses must be located in public rights -of -way, dedicated common areas that extend to the
nearest public right-of-way, and/or permanent recorded easements that extend to the nearest
public right-of-way for the purpose of inspection, operation, maintenance, and repair.
5. The permittee shall at all times provide and perform the maintenance necessary, as listed in the
signed Operation and Maintenance Agreement titled Swale System Maintenance Requirements,
a part of the Low Density Supplement, to assure that the permitted vegetated conveyance
system functions at the approved 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.
6. The operation and maintenance agreement must be recorded with the Office of the Register of
Deeds
7. The final plats for the project must be recorded with the Office of the Register of Deeds prior to
the sale of lots. The recorded plat must reference the Operation and Maintenance Agreement
and must also show all public rights -of -way, dedicated common areas, and/or permanent
drainage easements, in accordance with the approved plans.
8. Recorded deed restrictions and protective covenants must be recorded with the Office of the
Register of Deeds, will be incorporated into this permit by reference, and include, at a minimum,
the following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 170316, 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 4,000 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, driveways, and parking areas, but does not include raised, open wood decking, or
the water surface of swimming pools.
g. Built -upon area in excess of the permitted amount will require a permit modification to
ensure compliance with the permit and stormwater rules.
h. Filling in, piping or altering any vegetated conveyances (ditches, swales, etc.) associated
with the development, except for average driveway crossings, is prohibited by any
persons.
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State Stormwater Management
Permit No. SW8 170316 MOD
i. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface
waters, measured horizontally from the normal pool elevation of impounded structures,
from the top of bank of each side of streams or rivers, and from the mean high waterline of
tidal waters, perpendicular to the shoreline.
j. All roof drains shall be released as dispersed flow no closer than at the edge of the 50-foot
vegetated setback. At no time shall stormwater runoff be piped into or through the setback.
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 NCGS 143, Article 21.
9. For each lot, the permittee shall record deed restrictions and protective covenants prior to the
issuance of a certificate of occupancy to ensure the permit conditions and the approved plans
and specifications are maintained in perpetuity.
10. The maximum built -upon area assigned to each lot via this permit and the recorded deed
restrictions and protective covenants may not be increased or decreased by either the
individual lot owner or the permittee unless and until the permittee notifies the Division
and obtains written approval from the Division.
11. The permittee shall review each lot for new construction and all subsequent modifications and
additions to ensure compliance with the conditions of the permit and the approved plans and
specifications. The plans reviewed must include all proposed built -upon area, grading, and
driveway pipe placement. The permittee shall not approve any lot plans where the maximum
allowed built -upon area has been exceeded, or where modifications to the grading or to the
storm drainage system are proposed unless and until a permit modification has been approved
by the Division. The permittee may establish an Architectural Review Board (ARB) or
Committee (ARC) to conduct these reviews. However, any approval given by the ARB or ARC
on behalf of the permittee does not relieve the permittee of the responsibility to maintain
compliance with the conditions of the permit and the approved plans and specifications.
12. The permittee is responsible for verifying that the proposed built -upon area on each individual lot
and for the entire project does not exceed the maximum amount allowed by this permit. The
permittee shall routinely monitor the lots for compliance with the permit, the approved plans and
specifications, and the recorded deed restrictions and protective covenants. 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.
13. Upon completion of the project, the permittee shall determine whether or not the project is in
compliance with the permitted plans and take the necessary following actions:
a. If the permittee determines that the project is in compliance with the permitted plans, then
within 45 days of completion, the permittee shall submit to the Division one hard copy and
one electronic copy of the following:
i. The completed and signed Designer's Certification provided in Attachment A noting
any deviations from the approved plans and specifications. Deviations may require
approval from the Division;
ii. A copy of the recorded maintenance agreement;
iii. Unless already provided, a copy of the recorded deed restrictions and protective
covenants; and
iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common
areas and/or permanent recorded easements, when applicable.
b. If the permittee determines that the project is not in compliance with the permitted plans,
the permittee shall submit an application to modify the permit within 30 days of completion
of the project or provide a plan of action, with a timeline, to bring the site into compliance.
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State Stormwater Management
Permit No. SW8 170316 MOD
14. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications, except for minimum driveway crossings. 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:
a. Any modification to the approved plans and specifications, regardless of size.
b. Redesign or addition to the approved amount of built -upon area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
area as reported in the approved plans and specifications.
d. Filling in, piping, altering, modifying, removing, relocating, redirecting, or resizing of any
component of the approved vegetated conveyance system shown on the approved plan,
except for a minimum driveway crossing.
e. The construction of any allocated future BUA.
f. The construction of any permeable pavement for BUA credit within the common areas that
was not included in the approved plans and specifications. The request must include a
proposed amendment to the deed restrictions and protective covenants for the subdivision,
and a soils report identifying the type of soil, the Seasonal High Water Table elevation and
the infiltration rate.
g. The construction of any 57-stone area or trails to be considered a permeable surface that
were not included in the approved plans and specifications.
h. Other modifications as determined by the Director.
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 modified plans and certification in writing to
the Director that the changes have been made.
16. Prior to transfer of the permit, the vegetated conveyance system will be inspected by Division
personnel. The project and the vegetated conveyance system must be in compliance with all
permit conditions. Any items not in compliance must be repaired, replaced or restored to design
condition prior to the transfer.
III. GENERAL CONDITIONS
1. 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.
2. The issuance of this permit does not preclude the permittee from complying with and obtaining
any and all other permits or approvals that are required in order 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.
3. In the event that the project fails to meet the requirements of a low density project, the permittee
shall take immediate corrective actions. This includes actions required by this Division and the
stormwater rules such as the construction of an additional or replacement vegetated
conveyance system and/or stormwater control measures. These additional or replacement
measures shall receive a permit from the Division prior to construction.
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State Stormwater Management
Permit No. SW8 170316 MOD
4. 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 State Stormwater Request Form
for Permit Transfer or Permit Information Update, accompanied by the 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. Any ownership change including:
i. The assignment of declarant rights to another individual or entity;
ii. 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;
iii. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of Session Law 2011-256;
iv. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-01(e) and
NCGS 57D-6-07;
b. Bankruptcy;
c. Foreclosure, subject to the requirements of Session Law 2013-121;
d. A name change of the current permittee;
e. A name change of the project;
f. A mailing address change of the permittee;
5. The permittee is responsible for compliance with all of these terms and conditions until such time
as the Division 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
permit.
6. The permittee grants Division staff permission to enter the property during normal business
hours for the purposes of inspecting all components of the permitted project.
7. The permit issued shall continue in force and effect until the permittee files a request with the
Division for a permit modification, transfer, or rescission; however, these actions do not stay any
permit conditions.
8. Approved plans, application, supplements, calculations, operation and maintenance agreement,
and specifications for this project are incorporated by reference and are enforceable parts of the
permit. A copy of this permit, application, supplements, operation and maintenance agreement,
and approved plans and specifications shall be maintained on file by the permittee at all times.
9. Unless specified elsewhere, permanent seeding requirements for the vegetated areas must
follow the guidelines established in the North Carolina Erosion and Sediment Control Planning
and Design Manual.
10. 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.
Permit modified and reissued this the 8th day of March 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
S. Daniel Smith, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 170316
Page 5 of 5

State Stormwater Management
Permit No. SW8 170316 MOD
Attachment A
Designer's Certification Form

State Stormwater Management
Permit No. SW8 170316 MOD
Stormwater Permit Number SW8 170316
Finley Farms Subdivision
Brunswick County
Designer's Certification — Low Density Project
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
project and the stormwater system has been built in accordance with the approved plans and
specifications.
Required Items to be checked for this certification to be considered complete are listed below.
Please note any deviations from approved plans and specifications here:
SEAL
Signature
Registration Number
Date
Certification Requirements:
1. The individual lots and project contains no more than the maximum permitted amount
of built -upon area.
2. All of the built -upon area associated with this permit has been constructed and is
graded in accordance with the approved plans and specifications.
7. The vegetated conveyance system has been constructed in accordance with the
approved plans and specifications and adequately conveys the stormwater runoff.
4. Vegetated slopes are no steeper than 3:1.
3. The project has been stabilized with permanent vegetation such that sediment is not
leaving the lot.
5. Roof drains are released no closer than the edge of the vegetated setback and the
runoff is allowed to flow through as dispersed flow.
cc: NCDEQ-DEMLR
Inspector, Brunswick County Building Inspections