SW6120705_Permit Renewal_20201030

ROY COOPER
Governor
MICHAEL_S. REGAN
Secretary
BRIAN WRENN
Director
Riverbrooke, LLC
Attn: Watson G. Caviness, Member/Manager
639 Executive Place, Suite 400
Fayetteville, NC 28305
NORTH CAROLINA
EnytronmentatQuatity
October 30, 2020
Subject: Permit Renewal
Stormwater Management Permit SW6120705
Riverbrooke Subdivision Section 4 & 5
High Density Subdivision Project
Hoke County
Dear Mr. Caviness:
Effective August 1, 2013, the State Stormwater program has been transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will
remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this
permit will now reference DEMLR as the Division responsible for issuance of the permit.
The Fayetteville Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) received a
complete Stormwater Management Permit Renewal Application for Riverbrooke Subdivision Section 4 & 5 on
October 16, 2020. We are hereby notifying you that permit SW6120705 has been renewed on October 30, 2020
and shall be effective until October 30, 2028. For your records, please find enclosed a renewed, updated, and re-
issued permit. 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 permit terms to provide
you with a better understanding of your obligations under the permit.
The renewal and re -issuance 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 October 24, 2012 will
remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H .1000 and
Session Law 2006-246.
This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the
conditions listed in this permit regarding Operation and Maintenance of the Stormwater Control Measures
(SCMs), 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. Per NCGS 143-215(e), the petition
must be filed with 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.
--.
��� North Carolina Department of Environmental Quality (Division of Energy, Mineral and Land Resources
Cc !! EFayetteville Regional Office 1 225 Green Street, Suite 7141 Fayetteville, North Carolina 28301
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If you have any questions or concerns, please contact Mike Lawyer at [phone] or via a -mail at
[e-mail].
Sincerely,
for Brian Wrenn
Director
DEMLR
ec: Diane Dellasandro, Controller — Caviness & Cates
cc: FRO — DEMLR, State Stormwater Files
0

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE 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
Riverbrooke, LLC /Watson G. Caviness
for
Riverbrooke Subdivision Section 4 & 5
US Highway 401 Business, Raeford, NC
Hoke County
FOR THE
construction, operation and maintenance of the Stormwater Control Measures (SCMs) in compliance
with the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and specifications and other
supporting documents as attached and/or on file with and approved by the Division of Energy, Mineral
and Land Resources and ,considered an enforceable part of this permit.
This permit shall be effective from the date of issuance until October 30, 2028 and shall be subject to
the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
2. The SCMs have been approved for the management of stormwater runoff as described in the
application documents and as shown on the approved plans. The subdivision is permitted for 73
lots, each allowed a maximum of 3,750 square feet of built -upon area.
3. The runoff from all built -upon area within the permitted drainage area of this project must be
directed into the permitted stormwater control system.
4. Built -upon areas associated with this project shall be located at least 30 feet landward from all
perennial and intermittent surface waters.

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 maximum allowed by this permit. Once
the lot transfer is complete, the built -upon area may not be revised without approval from the
Division of Energy, Mineral and Land 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 set up by the permittee 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. 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.
5. 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.
6. 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 the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area. The project area
is defined as all property owned by the permittee, for which Sedimentation and Erosion
Control Plan approval or a CAMA Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
7. The permittee shall submit for approval, final site layout and grading plans for any permitted
future development areas shown on the approved plans, prior to construction.
8. 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.
9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will
be repaired immediately.
10. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate designer
for the system installed certifying that the permitted facility has been installed in accordance with
this permit, the approved plans and specifications, and other supporting documentation. Any
deviations from the approved plans and specifications must be noted on the Certification.

11. 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.
12. The permittee shall at all times provide the operation and maintenance necessary to assure that
all components of the permitted stormwater system function at the design condition. The
approved Operation and Maintenance Plan must be followed in its entirety and maintenance
must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation 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.
13. Records of maintenance activities must be kept by the permittee and made available upon
request to authorized personnel of the Division of Energy, Mineral and Land Resources. The
records will indicate the date, activity, name of person performing the work and what actions
were taken.
14. The permittee shall submit to the Division of Energy, Mineral and Land Resources an annual
summary report of the maintenance and inspection records for each SCM. The report shall
summarize the inspection dates, results of the inspections, and the maintenance work
performed at each inspection.
15. The stormwater management system 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/or on file with the Division.
16. 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 SW6120705, 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. The maximum allowable built -upon area per lot is 3,750 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. Each lot will maintain a 30' wide vegetated buffer between all impervious surfaces and
surface waters.
h. 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.
17. 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.
18. 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 the fountain's pump is based on the permanent pool
volume. The maximum horsepower for a fountain pump in Pond 1 is 1/8 HP. The
maximum horsepower for a fountain pump in Pond 2 is 1/4 HP.
Ill. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and approval by the
Director. In the event of a change in ownership, the appropriate form must be completed and
submitted to the Division of Energy, Mineral and Land Resources accompanied by any
applicable fee, documentation from both parties involved and other supporting materials as may
be appropriate. The project must be in good standing with the Division of Energy, Mineral and '
Land Resources. The approval of this request will be considered on its merits and may or may
not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions of this permit
until such time as the Division approves a request to formally transfer the permit. Neither the
sale of the project area in whole or in part, nor the conveyance of common area to a third party,
constitutes an approved permit transfer.
3. Any individual or entity found to be in non-compliance 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.
4. 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.
5. 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.
6. Permittee grants permission to Division staff to access the property during normal business
hours for the purpose of inspecting all components of the permitted stormwater management
system.
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 condition.

8. The permittee shall notify the Division of any name, ownership, or mailing address changes
within 30 calendar days.
9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for
a minimum of eight years from the date of the completion of construction.
10. The permittee shall submit a permit renewal application with all required forms, documentation,
and processing fee at least 180 days prior to the expiration date of this permit.
Permit renewed and re -issued this the 30th day of October 2020.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for B n Wrenn, birector
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
State Stormwater Management Permit SW6120705