SW4231203_Cover Letter & Permit_20240221

�c STATE
h �y
ROY COOPER n
Governor
ELIZABETH S.BISER ` a
Secretary *`� QU"IAM
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
February 21,2024
Sagamore Homes,NC,Inc. Developer/Current Property Owner
Attn: Kenneth L. Anson Jr.,President
1348 Westgate Center Drive, Suite 100
Winston-Salem,NC 27103
AND
Noland Farms Homeowners Association,Inc., Current Property Owner
Attn: Amy Zannini,President
3409 Union Grove Road
Winston-Salem,NC 27127-9212
Subject: Fast Track Final Post-Construction Stormwater Management Permit No. SW4231203
Noland Farms
Low Density Subdivision Project
Davidson County
Dear Mr. Anson and Mrs. Zannini:
The Division of Energy,Mineral and Land Resources received a complete Fast Track Final Permit Application
for the subject project on December 7, 2023. This project received a Fast Track Authorization to Construct
permit, SWA000105,issued on May 26,2022. Staff review of the as-built plans,engineer certifications and
specifications as well as a site inspection on January 24,2024 has determined that the project complies with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000 amended on January 1, 2017(2017 Rules). We
are hereby forwarding Permit No. SW4231203 dated January 20,2024, for the operation and maintenance of the
stormwater control measures(SCMs)and management of current built-upon areas(BUA) associated with the
subject project and the operation and maintenance of the vegetated conveyances associated with the subject
project.
With the issuance of this final fast track permit, SW4231203,the Fast Track Authorization to Construct permit
approved under SWA000105 is no longer required and has been rescinded effective January 20,2024.
This permit shall be effective from the date of issuance until rescinded and does not supersede any other agency
permit that may be required. The project shall be subject to the conditions and limitations as specified therein.
Failure to comply with these requirements will result in future compliance problems. Please note that this permit
is not transferable except after notice to and approval by the Division. As the identified developer of the
project, Sagamore Homes,NC, Inc. ("Developer") shall be the designated permit holder and responsible for
meeting the conditions and limitations specified therein.
Please be aware that it is the responsibility of the permit holders, Sagamore Homes,NC, Inc. ("Developer"/
"Property Owner") and Noland Farms Homeowners Association, Inc. ("Property Owner")to notify the Division
of any changes in ownership and request an ownership/name change for the stormwater permit. However,if the
development agreement between the Developer and the Property Owner is dissolved, cancelled or defaults, and
the Division is not notified by the Developer to transfer the permit,then the responsibility for permit compliance
reverts back to the Property Owner. A complete transfer request must be submitted to the Division within 30
days as described below otherwise the Developer and Property Owner will be operating a stormwater treatment
facility without a valid permit which is a violation of NC General Statue 143-215.1. Failure to transfer the
permit may result in appropriate enforcement action in accordance with North Carolina General Statute §143-
215.6A through§143-215.6C being taken against the Property Owner.
D E Q�� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
NORTH CAROLINA _
De" mofUmmnmmUlu°anh 919.707.9200

Post-Construction Stormwater Management
Permit No. SW4231203
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.
This project will be kept on file at the Winston-Salem Regional Office. If you have any questions concerning
this permit,please contact Jim Farkas in the Central Office, at 919-707-3646 or [e-mail].
Sincerely,
6u "91tcd4�aww �?
William E. Toby Vinson,Jr.,Interim Director
Division of Energy,Mineral and Land Resources
Enclosures: Application Documents
Compliance Inspection Report
DES/j£ \\WaterResources\DEMLR-Stormwater\SW Permits\SW4231203
cc: Paul A.Stimpson,PE;LaBella Associates,PC
Tod Hancock,Davidson County Building Inspections
NCDOT District Engineer
Tamera Eplin,DEMLR
Winston-Salem Regional Office Stormwater File
Page 2 of 2

Post-Construction Stormwater Management
Permit No. SW4231203
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
FINAL FAST TRACK POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT
LOW DENSITY SUBDIVISION DEVELOPMENT
In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North
Carolina Environmental Management Commission, including 15A NCAC 02H.1000 amended on
January 1, 2017 (2017 Rules) ("stormwater rules"),
PERMISSION IS HEREBY GRANTED TO
Sagamore Homes, NC, Inc. and Noland Farms Homeowners Association, Inc.
Noland Farms
Off of Tussey Road, Lexington, Davidson County
FOR THE
management, operation and maintenance of built-upon area (BUA) for two (2) low density subdivision
area (the "low density area(s)") as outlined in the application, approved as-built stormwater
management plans, as-built supplements, as-built calculations, operation and maintenance
agreement, recorded documents, as-built 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"). The project has been constructed in
accordance with these approved plans and specifications. The approved plans and specifications
submitted with this application as well as the supporting documentation on file with the Fast Track
Authorization to Construct, SWA000105, are incorporated by reference and are enforceable parts of
this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations. 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 condition. 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.
Page 1 of 7

Post-Construction Stormwater Management
Permit No. SW4231203
1. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 102,572
square feet. The BUA requirements and allocations for this project are as follows:
a. LOW DENSITY AREA BUA LIMITS (AREA DRAINING TO SWEARING CREEK). The low
density area must not exceed 24% per the requirements of the stormwater rules. Within this
low density area, this permit approves a percent BUA of 16.81% and the construction of a
total of 82,950 square feet of BUA. This permit does not provide any allocation of BUA for
future development within this low density area.
b. LOW DENSITY AREA BUA LIMITS (AREA DRAINING TO BEAVERDAM CREEK). The low
density area must not exceed 24% per the requirements of the stormwater rules. Within this
low density area, this permit approves a percent BUA of 13.98% and the construction of a
total of 19,622 square feet of BUA. This permit does not provide any allocation of BUA for
future development within this low density area.
c. BUA FOR INDIVIDUAL LOTS. Each of the nineteen (19) lots are limited to a maximum of
4,000 square feet of BUA, as indicated in the approved plans and specifications. The
maximum BUA 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.
2. PERVIOUS AREA IMPROVEMENTS. At this time, none of the pervious area improvements
listed in G.S. 143-214.7(b2) or the Stormwater Design Manual were constructed or are proposed
for this project. Pervious area improvements will be allowed in this project if documentation is
provided demonstrating those improvements meet the requirements of the stormwater rule.
3. LOW DENSITY AREA REQUIREMENTS. The low density area requirements for this project are
as follows:
a. LOW DENSITY AND CONVEYANCE DESIGN. The low density area is permitted based on
the as-built condition design criteria presented in the sealed, signed and dated supplement
and as shown in the approved plans and specifications. This low density area and
conveyances must be provided and maintained at the design condition.
b. PIPING. Other than the piping shown on the approved plans, only minimal amounts of
piping under driveways and roads is allowed within the low density area when it cannot be
avoided. No additional piping is allowed.
c. DISPERSED FLOW. The low density area has maximized dispersed flow of stormwater
runoff through vegetated areas and minimized the channelization of flow.
d. VEGETATED CONVEYANCES. Stormwater runoff that could not be released as dispersed
flow is 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.
4. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not cause
erosion downslope of the discharge point.
5. VEGETATED SETBACKS. A 30-foot wide vegetative setback has been provided and must be
maintained in grass or other vegetation adjacent to all surface waters as shown on the approved
plans. The setback is 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.
a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback
except as shown on the approved plans or in the following instances where the BUA has
been minimized and channelizing runoff from the BUA is avoided:
i. Water dependent structures; and
ii. Minimal footprint uses such as poles, signs, utility appurtenances, and security
lights that cannot practically be located elsewhere.
Page 2 of 7

Post-Construction Stormwater Management
Permit No. SW4231203
b. RELEASE OF STORMWATER NOT TREATED IN A STORMWATER CONTROL
MEASURE (SCM). Stormwater that is not treated in an SCM, such as in the low density
area (including roof drains), must be released at the edge of the vegetated setback and
allowed to flow through the setback as dispersed flow.
6. RECORDED DOCUMENT REQUIREMENTS. The following documents required by the
stormwater rules have been recorded with the Office of the Register of Deeds prior to the sale of
individual lots or groups of lots:
a. EASEMENTS. All stormwater collection systems, vegetated conveyances, and maintenance
access located on property owned by other persons or entities must remain located in
permanent recorded easements or drainage easements as shown on the approved plans.
b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance
agreement has been recorded in Book DE 2533 on Pages 1913-1919 with the Office of the
Register of Deeds.
c. FINAL PLATS. The final plat is recorded in Book PL 89 on Page 56 with the Office of the
Register of Deeds and includes the following:
i. Shows the entire stormwater conveyance system, including any SCMs, and
maintenance accesses either 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.
d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. The permittee has recorded
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. The following deed restrictions and protective covenants related to stormwater
management have been recorded in Book DE 2533 on Pages 1913-1919 with the Davidson
County Register of Deeds and must be maintained in perpetuity:
i. The following covenants are intended to ensure ongoing compliance with
Stormwater Management Permit Number [SW4231203], as issued by the Division
of Energy, Mineral and Land Resources (the "Division") under 15A NCAC
02H.1000, effective January 1, 2017.
ii. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
iii. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
iv. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the Division.
V. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division.
vi. The maximum built-upon area (BUA) per lot is 4,000 square feet. This allotted
amount includes any BUA 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
not shown on the approved plans. BUA has the same meaning as G.S. 143-214.7,
as amended.
vii. The maximum allowable BUA shall not be exceeded on any lot until the permit is
modified to ensure compliance with the stormwater rules, permit, and the approved
plans and specifications.
viii. 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.
ix. A 30-foot wide vegetative setback must be provided and maintained adjacent to all
surface waters in accordance with 15A NCAC 02H.1003(4) and the approved
plans.
X. All roof drains shall be released no closer than at the edge of the 30-foot wide
vegetated setback and allowed to flow through the setback as dispersed flow. At
no time shall stormwater runoff be piped into or through the setback.
A. 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.
Page 3 of 7

Post-Construction Stormwater Management
Permit No. SW4231203
xii. The Declarant shall have the right to amend the covenants without consent of the
members to conform the Declaration to the requirements of any law or
governmental agency having legal jurisdiction over the property, including those
agencies sponsored by or under the control of the State of North Carolina. A letter
from an official of any such agency requesting, requiring or suggesting an
amendment necessary to comply with the requirements of such agency, shall be
sufficient evidence to affect such an amendment. The amendment shall be effective
upon recording.
7. MODIFICATIONS. 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. For changes to the project 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
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 stormwater collection system and/or vegetative conveyance
shown on the approved plan, except for minimum driveway crossings within the low density
area.
e. The construction of any allocated future BUA.
f. Adding the option to use infiltrating permeable pavement or#57 stone within the lots as a
pervious surface. The request may require a proposed amendment to the deed restrictions
and protective covenants for the subdivision to be submitted and recorded.
g. The construction of any infiltrating permeable pavement, #57 stone area, public trails, or
landscaping material within the common areas to be considered a pervious surface that
were not included in the approved plans and specifications.
h. Other modifications as determined by the Director.
8. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and
maintenance necessary, as listed in the signed operation and maintenance agreement, to
assure that all components of the permitted on-site stormwater system are maintained at the
approved design condition. The approved operation and maintenance agreement must be
followed in its entirety and maintenance must occur at the scheduled intervals.
a. CORRECTIVE ACTIONS REQUIRED. In the event that the low density area fails to meet
the requirements of low density, the permittee shall take immediate corrective actions. This
includes actions required by the Division and the stormwater rules such as the construction
of additional or replacement on-site stormwater systems. These additional or replacement
measures shall receive a permit from the Division prior to construction.
b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made
available upon request to authorized personnel of the Division. The records will indicate the
date, activity, name of person performing the work and what actions were taken.
9. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
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Post-Construction Stormwater Management
Permit No. SW4231203
10. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. DEVELOPER AGREEMENT. It is the responsibility of the permit holders, Sagamore
Homes, NC, Inc. ("Developer"/"Property Owner") and Noland Farms Homeowners
Association, Inc. ("Property Owner"), to notify the Division of any changes in ownership and
request an ownership/name change for the stormwater permit. However, if the development
agreement between the Developer and Property Owner is dissolved, cancelled or defaults,
and the Division is not notified by the Developer to transfer the permit, then the responsibility
for permit compliance reverts back to the Property Owner. A complete transfer request must
be submitted to the Division within 30 days as described below otherwise the Developer and
Property Owner will be operating a stormwater treatment facility without a valid permit which
is a violation of NC General Statue 143-215.1. Failure to transfer the permit may result in
appropriate enforcement action in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C being taken against the Property Owner.
b. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request
must be submitted within 90 days of the permit holder meeting one or more of the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the property
on which the permitted activity is occurring or will occur through foreclosure,
bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants;
V. The assignment of declarant rights to another individual or entity;
vi. 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);
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection
will be conducted by Division personnel to ensure the permit conditions have been met and
that the project and the on-site stormwater system complies with the permit conditions.
Records of maintenance activities performed to date may be requested. Projects not in
compliance with the permit will not be transferred until all permit and/or general statute
conditions are met.
11. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this
permit and the approved plans and specifications until the Division approves the transfer
request.
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Post-Construction Stormwater Management
Permit No. SW4231203
a. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is
responsible for verifying that the proposed BUA on each individual lot, within each drainage
area and for the entire project does not exceed the maximum amount allowed by this permit.
The permittee shall review all individual lot plans for new construction and all subsequent
modifications and additions for compliance. The plans reviewed must include all proposed
BUA, grading, and driveway pipe placement. The permittee shall not approve any lot plans
where the maximum allowed BUA limit has been exceeded or where modifications are
proposed to the grading and/or to the stormwater collection system and/or to the vegetated
conveyance unless and until a permit modification has been approved by the Division. The
permittee shall review and routinely monitor the project and each lot to ensure continued
compliance with the conditions of 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.
b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee may
establish an ARB or ARC or other group to conduct individual lot reviews on the permittee's
behalf. However, any approval given 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.
c. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved as-built
stormwater management plans, application, as-built supplements, as-built calculations,
operation and maintenance agreement, all applicable recorded documents, and
specifications shall be maintained on file by the permittee at all times.
d. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated
conveyances must be accessible for inspection, operation, maintenance and repair as
shown on the approved plans.
e. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property
during normal business hours to inspect all components of the permitted project.
f. ENFORCEMENT. 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.
g. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions.
h. OBTAINING COMPLIANCE. 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.
i. OTHER PERMITS. The issuance of this permit does not preclude the permittee from
obtaining and complying with any and all other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or ordinances,
which are 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.
Page 6 of 7

Post-Construction Stormwater Management
Permit No. SW4231203
Permit issued this the 20t" day of January 2024.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
6weaegaed 4�am� 57
William E. Toby Vinson, Jr., Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW4231203
Page 7 of 7