SW7051006_Modification_20110727

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MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 27, 2011
Mr. Eldon L. Miller III, President
EKMS, Inc_
P.O. Box 729
Moyock, NC 27958
Subject: Stormwater Permit No. SW7051006 Modification
Shingle Landing Farm Subdivision
Low Density Subdivision Permit
Currituck County
Dear Mr.Miller:
The Washington Regional Office received a complete Stormwater Management Permit Application for modification to
permit SW7051006 for Shingle Landing Farm on June 24, 2011. 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. We are forwarding Permit No. SW7051006, dated July 27, 2011, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and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 supercede any other agency permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in
the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this
permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact either Roger Thorpe or
me at [phone].
Regional Supervisor
Surface Water Protection Section
cc: Hyman & Robey, PC
Currituck County Building Inspections
North Carolina Division of Water Quality Intemet wNInv.ncwaternualitv.ore
943
Phon
Washington, NC 2gton 78 9 uare Mall FAX [phone]i5 Nor/tlhCayrrolina
An Equal Opputunity/Afitmative Action Employer —50%Recycled/l0% Post Consumer Paper NaWra[[y

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW 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
EKMS, Inc.
Shingle Landing Farm
Currituck County
FOR THE
construction, operation and maintenance of a 30% low density subdivision in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved
stormwater mansgement'plans and specifications, and other supporting data as attached and on file
with and approved by the Division of Water Quality and considered a 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
Each of the 17 lots is limited to the maximum square feet of built -upon area as shown in
Attachment A of this permit and as indicated in the approved plans.
2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at
30% per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between
all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales
with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the
Division.
6. All roof drains must terminate at least 30 feet from the mean high water mark or top of stream
bank.

II. SCHEDULE OF COMPLIANCE
Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and
be operational for their intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or
other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to operate
the permitted stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
4. The permittee shall submit to the Director and shall have received approval for revised plans,
specifications, and calculations prior to construction, for any modification to the approved
plans, including, but not limited to, those listed below:
a. Any revision to any of the items shown on the approved plans, including the stormwater
management system, design concept, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved plan.
5. The Director may determine that other revisions to the project should require a modification to
the permit.
6. The permittee shall submit all information requested by the Director or his representative within
the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an
impervious surface such as a road and that minimum amount needed under driveways to
provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and
Design Manual
9. The permittee is responsible for verifying that the proposed built -upon area 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 Water. Quality, and responsibility for meeting the
built -upon area limit is transferred to the individual property owner, provided that the permittee
complies with the requirements of Section 11.11 of this permit.
10. Within 30 days of completion of the project, the permittee must certify in writing that the
project's stormwater controls, and impervious surfaces have been constructed within
substantial intent of the approved plans and specifications. Any deviation from the approved
plans must be noted on the Certification.
11. Deed restrictions are incorporated into this permit by reference and must be recorded with the
Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must
include, as 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 SW7051006, as issued by the Division of
Water Quality 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 Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division of Water Quality.
The maximum built -upon area per lot is as shown in Attachment A of this permit. 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, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
the development except for average driveway crossings, is strictly prohibited by any
persons.
h. Each lot will maintain a 30 foot wide vegetated buffer between all impervious areas and
surface waters.
j. All roof drains shall terminate at least 30 feet from the mean high water mark.
12. The permittee shall submit a copy of the recorded deed restrictions which indicates the
approved built -upon area per lot within 30 days of the date of recording.
13. If the permittee sets up an Architectural Review Committee (ARC) to review plans for
compliance with the restrictions, the plans reviewed must include all proposed built -upon area
(BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to
maintain compliance with the permitted BUA limit.
14. 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.
15. Stormwater conveyances will be located in either dedicated right-of-way (public or private),
recorded common areas or recorded drainage easements. The final plats for the project will
be recorded showing all such required easements, in accordance with the approved plans.
16. A copy of the approved plans and specifications shall be maintained on file by the Permittee at
all times.
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality, in accordance with North
Carolina General Statutes 143-215.6A to 143-215.6C.
The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The filing of a
request for a permit modification, revocation and reissuance, or termination does not stay any
permit condition.

4. 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 as allowed by the taws,
rules, and regulations contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and approval by
the Director. The Director may require modification or revocation and reissuance of the permit
to change the name and incorporate such other requirements as may be necessary. A formal
permit request must be submitted to the Division of Water Quality accompanied by the
appropriate fee, documentation from both parties involved, and other supportin materials as
may be appropriate. The approval of this request will be considered on its merits, and may or
may not be approved.
6. The permittee is responsible for compliance with all permit conditions until such time as the
Division approves the permit transfer request. Transfers to third parties by the permittee where
the required documentation has not been submitted to the Division does not relieve the
permittee of responsibility for transferring the permit.
7. 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. If any of those permits result in
revisions to the plans, a permit modification must be submitted.
8. The permittee grants permission to DENR Staff to enter the property during business hours for
the purposes of inspecting the stormwater management system and it's components.
9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 27 th day of July 2011.
NORT I CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
J-7
L
ForColeen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7051006

Attachment A
Permit SW7061006
Shingle Landing Farm
Lot #
Lot Area (sf)
Allowable BUA (sf)
1
45,132
13,390
2
40,547
11,976
3
66,891
18,800
4
40,189
12,057
5
40,109
12,033
6
40,016
12,005
7
96,553
21,000
8
40,319
11,976
9
40,075
11,847
10
40,038
11,847
11
45,762
13,729
12
78,579
21,000
13
40,048
12,014
14
40,183
12,055
15
40,150
12,045
16
40,218
12,065
17
63,558
18,739
Total 238,578
Total Subdivision Area is 21.2 acres
Allowable impervious roads is 38,464 sf
Total allowable impervious area is 277,042 sf
Note: The addition of any impervious area to any open areas will require modification to this permit.

Low Density Residential Subdivisions JUN 2 4 POii
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management
Regulations, deed restrictions and protective covenants are required for Low Density Residential
Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are
necessary to ensure that the development maintains a "built -upon" area consistent with the applicable
regulation governing the density level.
I, Eldon L. Miller, III, President, EKS, Inc acknowledge and affirm by my signature below, that I will
cause the following deed restrictions and protective covenants to be recorded for Shingle Landing
Farm prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW7051006 , 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 _See Attachment 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, and
coquina, but does not include raised, open wood decking, or the water surface of swimming pools.
7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built -upon area for that lot than is shown herein, the
governing maximum built -upon area for that lot shall be the most restrictive of the two.
8. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings is strictly prohibited by any persons.
9. Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface
waters.
10. All roof drains shall terminate at least 30* foot from the mean high water mark of surface waters.
9
a Notary Public in the
State of �� � �Ict7\� rCA County of CL1.lC - L- ,W R-
do hereby certify that zLl r \\N�k MZ personally appeared
before me this the —a k day of ` kJcc�. , 20�L, and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
�d SEAL
Signature i
My Commission expires
Form DRPC-5 Rev.2 05Nov2009 Page 1 of

Low Density Residential Subdivisions
Deed Restrictions & Protective Covenances
Shingle Landing Farm - Post Construction
Lot Coverage Calculations
Total Subdivision Area =
21.2
ac
Street Right of Ways =
1.95
ac
Total Area of Lots =
19.25
ac
Allowable coverage of existing permit
(30%) =
277,042
sf
Impervious Roads =
38,464
sf
BUA available to lots =
238,578
sf
BUA to be unamended (lots 1,2,8,9,10) =
61,036
sf
Total Available for lots 3-7 & 11-17=
177,542
sf
Lot
Number
Lot Area
(sf)
Lot Area Ratio
Allowable
BUA (sf)
% Coverage
1 *
45,132.00
0.054
13,3901
1129.7
2 *
40,547,00
0.648
11,976
29.5
3
66,891.00
0.080
18,800
28.1
4
40,189.00
0.048
12,057
30.0
5
40,109.00
0.048
12,033
30.0
6
40,016.00
0.048
12,005
30.0
7
96,553.00
0.115
21,000
21.7
8 *
40,319.00
0.048
111976
29.7
9 * .
40,07$.00
0.049
11,847
29.6
10 *
40,038.00
0.048
11,847
29.6,
11
45,762.00
0.055
13,729
30.0
12
78,579.00
0.094
21,000
26.7
13 (o/s)
40,048.00
0.048
12,014
30.0
14
40,183.00
0.048
12,055
30.0
15
40,150.00
0.048
12,045
30.0
16
40,218.00
0.048
12,065
30.0
17
63,558.00
0.076
18,739
29.5
Total
838,367.00
1.000
238,578
* No proposed changes to existing lots 1,2,8,9,10
Total Coverage in modified subdivision =
Total BUA Under Existing Permit =
No net change in permitted coverage
Form DRPC-5 Rev.2 05Nov2009 Page 2 of 2
277,042 sf
277,042 sf