SW8990851_Historical File_20001009

October 9, 2000
O`C\ 'Ma1 no
Mr. Edwin L. Burnett, Managing Member 1YN
Pointe Associates, L.L.C. a aNe w\ �Jlm S
3950 Old Bridge Road
Southport, NC 28461
Subject: Permit No. SW8 990851 Modification
Subdivision Village Green Townhouses and Westport
Low Density Subdivision Stormwater Permit
Brunswick County
Dear Mr. Burnett:
The Wilmington Regional Office received a complete modification to the Stormwater Management Permit
Application for Village Green Townhouses and Westport Subdivision on September 22, 2000. 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. SW8 990851 Modification,
dated October 9, 2000, for the construction of the project Village Green Townhouses and Westport Subdivision.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and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 150B of the North Carolina General Statutes, and
filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. 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 Linda
Lewis or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/arl: S:\WQS\STORMWAT\PERMIT\9908551.00T
cc: Phil Norris, P.E.
Delaney Aycock, Brunswick County Inspections
David Thomas, NCDOT, Division 3, District 3 Engineer
Wilmington Regional Office
Central Files
Linda Lewis

State Stormwater Management Systems
Permit No.SW8 990851 Modification
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
Pointe Associates, L.L.C.
Village Green Townhouses and Westport Subdivision
Brunswick County
FOR THE
construction, operation and maintenance of a 25% low density subdivision 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
Water Quality and considered a part of this permit for Village Green Townhouses and Westport Subdivision.
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. Each of the 145 single family lots is limited to a maximum of 2,400 ft2 square feet of built -upon area, as
indicated in the approved plans. Each of the 62 Townhouse units is limited to a maximum of 2,500 ft2.
CAMA regulations may reduce the allowable built -upon area for those lots within the AEC.
2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25%, per the
requirements of Section .1005 of the stormwater rules. The total built -upon area proposed for this project
is 756,804 ft2.
3. Approved plans and specifications for projects covered by this permit are incorporated by reference and
are enforceable parts of the permit.
4. Lots 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.

State Stormwater Management Systems
Permit No.SW8 990851 Modification
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. 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 maximum allowable built -upon area per lot is 2,400 ftz 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."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the Division of Water Quality."
C. "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."
d. "Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area
reduced due to CAMA jurisdiction within the AEC."
e. "Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface
waters."
5. 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.
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:
a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
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.

State Stormwater Management Systems
Permit No.SW8 990851 Modification
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.
10. If an Architectural Review Committee (ARC) is required to review plans for compliance with the BUA
limit, the plans reviewed must show all structures, sidewalks, patios, pools, decks, driveways and parking
areas. Any lot that shows more built -upon area than the permitted amount may not be approved. The ARC
must either approve or deny the proposed house and lot plans in writing. Any approvals given by the ARC
do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit.
11. 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.
12. 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.
13. The following items will require a modification to the permit. Revised plans, specifications and
calculations must be permitted prior to beginning construction on the modification:
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 selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved plan.
14. The Director may determine that other revisions to the project should require a modification to the permit.
III. GENERAL CONDITIONS
1. 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.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. 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 laws, 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.

State Stormwater Management Systems
Permit No.SW8 990851 Modification
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 supporting 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 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.
7. The permittee grants permission to DENR Staff to enter the property during business hours for the
purposes of inspecting the site for compliance with this permit.
8. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address
changes within 30 days.
Permit issued this the 9th day of October, 2000.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 990851 Modification

Andrew &Kuske John R. Andrew, P.E.
CONSULTING ENGINEERS, INC. J.A. Kuske, P.E.
J. Phillip Norris, P.E.
902 Market St. • Wilmington, North Carolina 28401-4733 • Telephone [phone] • Fax [phone] • [e-mail]
Ep ? 9 000
September 22, 2000
TO. Ms. Linda Lewis
NCDENR
FROM: J. Phillip Norris, P.E.
Andrew & Kuske Co 4'ineers, Inc.
RE: Westport & Village Greens Townhouses
SW8 990851
A&K Project No. 99241
Per your fax of 9/21/00 we offer the following responses:
1. Tract 3 is not included in this project.
2. We have noted on page 3 of 4 to see the attached table of BUA
restrictions.
3. Mr. Burnett's title is Managing Member.
99241-22
JPN/jmc

COMMUNICATION RESULT REPORT ( SEP.21.2000 __4A-1PF1-
TTI NCD
FILE MODE OPTION
249 MEMORY TX
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
9-3439604
RESULT
OK
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regio2W Office
James B. Hunt, Governor
Date: September 21, 2000
To: Phil Norris, P.E.
Company: .Andrew and Kuske
FAX #: [phone]
Bill Holman;
FAX COVER SHEET
No. of Pages: 1
ram: Linda Levis
ater Quality Section - Storn
AX 4: 910-350 2004
hone #: 910-395-3 0
DWQ Stormwater Project #SWS 990851 Mod
Project Name: Westport Subdivision and Village Greens Townhomaes
MMSSAGE:
1 see where Tract 4 has been assigned a built�upon area, but nothing has been assigned to Tract 3.
Please indicate the RUA restrictions for the lots and future areas on page 3 of 4 of the application.
What is Mr. Burnett's title witbin the LLC? It must be placed in Section Z, part 2 on page 1 of the
application.

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
James B. Hunt, Governor
Date: September 21, 2000
To: Phil Norris, P.E.
Company: Andrew and Kuske
FAX #: [phone]
Bill Holman, Secretary
FAX COVER SHEET
No. of Pages: 1
From: Linda Lewis
Water Quality Section - Stormwater
FAX #: [phone]
Phone #: [phone]
DWQ Stormwater Project #SW8 990851 Mod
Project Name: Westport Subdivision and Village Greens Townhomes
MESSAGE:
I see where Tract 4 has been assigned a built -upon area, but nothing has been assigned to Tract 3
Please indicate the BUA restrictions for the lots and future areas on page 3 of 4 of the application.
What is Mr. Burnett's title within the LLC? It must be placed in Section I, part 2 on page 1 of the
application.
S :1WQSISTORMWATIADDINF01990851. SEP
127 Cardinal Drive Extension, Wilmington, NC 28405-3845 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

== Andrew & Kuske
CONSULTING ENGINEERS, INC.
John R. Andrew, P.E.
J.A. Kuske, P.E.
J. Phillip Norris, P.E.
902 Market St. • Wilmington, North Carolina 28401-4733 • Telephone [phone] • Fax [phone] • akengnrs®wiimington.net
August 17, 2000
Ms. Noelle Lutheran
NC DENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Village Green Townhouses and Westport Subdivision
Brunswick County
Permit No. SW8-990851 Modification Request
A&K Project No. 99241
Dear Ms. Lutheran:
g90 fop
Enclosed are two sets of plans for the subject project, two sets of calculations, the
original Division of Water Quality stormwater management perrnit application, and one
copy, one copy of the SWU-104 supplement form, one copy of the stormwater narrative
and a $420.00 check for the processing fee. This request is for a modification to SW8-
990851.
Please review this information for approval and contact us with any questions or
comments you may have. Thank you for your assistance on this project.
Sincerely,
ANDREW & KUSKE
CONSULT ENGINEERSIINC.
PhilTip-tQorris, P.
M241-MS70DBWI
Enclosures
cc: Mr. Edwin Burnett / Pointe Associates, L.L.C.
C E I NTE D
AUS 18 2000
DWQ
PROJ #