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HomeMy WebLinkAboutSW8920516_Historical File_20131016NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E. Davis, PE, CPM Director October 16, 2013 Pat McCrory, Governor John E. Skvarla, III, Secretary Hurst Harbor Association John Worrell, President PO Box 516 Swansboro, NC 28584 Subject: State Stormwater Management Permit No. SW8 920516 Hurst Harbor Subdivision and Homeowner's Park Low Density Subdivision Permit Onslow County Dear Mr. Worrell: 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 any addendums to this permit will now reference DEMLR as the Division responsible for issuance of the permit As a result of the submittal of a CAMA major permit for replacement and extension of the boat ramp in the Homeowner's Park, DEMLR staff performed a file review of permit SW8 920516 on March 15, 2013. During this review DEMLR staff discovered that the stormwater permit needed to be condensed and transferred to the Hurst Harbor Association. On March 15, 2013 DEMLR sent a letter to Hurst Harbor Association requesting a transfer and modification to address the proposed changes to the Homeowner's Park. In addition, DEMLR identified information in the permit that needs to be updated in order to put the site in compliance with the terms and conditions of the state stormwater permit. On April 15, 2013, the Division of Energy, Mineral and Land Resources (DEMLR) received a Name/Ownership Change Form from Mr. James Fisher, president of the Hurst Harbor Association, requesting transfer of the permit to the Association. As you are aware, in order to modify the permit, the Association must be the permittee of record. Therefore, the Division is hereby notifying you that permits SW8 900223 and SW8 920516 have been condensed into SW8 920516 and is transferred' to the Association effective October 16, 2013. By signing the Name/Ownership Transfer form, and acknowledging receipt of the permit, the Association has accepted the responsibility for complying with the terms and conditions in this permit. For your records, please find enclosed a copy of the condensed and updated permit, a copy of the Division's March 15, 2013 letter, and a copy of Name/Ownership Change form submitted on April 15, 2013. Please retain this cover letter and the attached permit on file at all times. As outlined in the Division's letter dated March 15, 2013, there are still issues of built -upon area on the Homeowner's Park site and drainage within the subdivision that must be addressed by the Hurst Harbor Association subsequent to the transfer of the permit. DEMLR also discovered on August 23, 2013 that Mr. John Worrell is now the president of Hurst Harbor Association. Upon receipt of this permit transfer documentation please submit all information as requested in the March 15, 2013 letter to the Association. This information must be received by November 18, 2013. If we do not receive this information by this date the Association will be out of compliance with the.permit, which may result in a Notice of Violation. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: (910) 796-7215 / Fax: (910) 350-2004 State Stormwater Management Systems Permit No.SW8 920516 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 conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, certification of the project, procedures for changing ownership, and transferring the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to certify the project or to transfer the permit in a timely manner, 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 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. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis at (910) 796-7215 or email at Iinda.lewis@ncdenr.aov. Sin rely, D Tracy D vis, P.E., Director Division of Energy, Mineral and Land Resources GDS/arl: G:1WQ1Shared\StormwateAPermits & Projects11992\920516 LM201310 permit 920516 cc: James Fisher, outgoing president, Hurst Harbor Association Dave Newsom, P.E., Crystal Coast Engineering Onslow County Building Inspections NCDOT District Engineer Barry Guthrie, Division of Coastal Management -Morehead City Wilmington Regional Office Stormwater File Page 2 of 6 State Stormwater Management Systems Permit No.SW8 920516 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES 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 Hurst Harbor Association Hurst Harbor Subdivision and Homeowner's Park NCSR 1511 (Hammocks Beach Road) and John L. Hurst Drive, Swansboro, Onslow County FOR THE construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000, 1988 version (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 DEMLR and considered 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. Each of the 30 single family lots and the one Homeowner's Park lot is limited to a maximum of 6,900 sctuare feet of built -upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentage for the project must be maintained at 25% 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 the outer edge of the 30-foot surface water buffer. 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. Page 3 of 6 State Stormwater Management Systems Permit No.SW8 920516 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 re -vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Maintenance of level spreaders in accordance with approved plans and O&M. 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. Redesign or addition to the approved amount of built -upon area or to the drainage area. C. Further subdivision, acquisition, or selling of the project area. d. Filling in, altering or piping any vegetative conveyance shown on the approved plan. e. The development of any future area noted on the plans. 5. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 6. No l ing shall be allowed except that minimum amount necessary to direct runbeneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 7. The permittee is responsible for verifying that the proposed built -upon area on each lot, including the Homeowner's Park, 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 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 Sections 11.9, 11.10 and 11.11 of this permit. 8. 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. 9. The permittee shall review all proposed lot construction plans and all subsequent additions and modifications for compliance with the stormwater permit, including the built -upon area (BUA) limits and piping limits. The lot owner shall not construct any new built -upon area on the lot without first obtaining approval from the permittee that the maximum allowed amount has not been exceeded. Page 4 of 6 State Stormwater Management Systems Permit No.SW8 920516 10. 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, at a minimum, the following statements related to stormwater management: ?. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 920516, as issued by the State of North Carolina 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. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the State of North Caolina. f. The maximum built -upon area per lot is 6,900 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. 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. For those lots within the CAMA Area of Environmental Concern (AEC), where DCM calculates a different maximum lot built -upon area, the governing maximum lot BUA shall be the more restrictive of the two amounts. i. Each lot will maintain a minimum 30-foot-wide vegetated buffer between all impervious areas and surface waters. j. All roof drains shall terminate at outer edge of the 30-foot surface water buffer. 11. The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording. 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. All stormwater conveyances will be located in either a dedicated right-of-way t(public or private), recorded common areas or recorded drainage easements. he final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. III. GENERAL CONDITIONS 1. Any person or entity found to be in noncompliance with the terms and conditions of a stormwater management permit or the stormwater rules is subject to enforcement action in accordance with NCGS 143, Article 21. 2. The permit issued shall continue in force and effect until modified, revoked or terminated. Page 5 of 6 State Stormwater Management Systems Permit No.SW8 920516 3. 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 Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Director at least 60 days prior to any one or more of the following events: a. An ownership change including 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; b. 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; c. Bankruptcy; d. Foreclosure; e. Dissolution of the partnership or corporate entity; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; 4. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance, or termination does not stay any permit condition. 5. 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. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. 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 its components. 9. 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. 10. The permittee shall retain a copy of the permit and the approved plans on file at all times. Permit transferred, modified and reissued this the 16t" day of October 2013. NOR CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ----- _---- --------- ck----------------- Tracy vis, P.E., Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 6 of 6 DWQ USE ONLY Date Received Fee Paid Permit Number Applicable Rules: ❑ Coastal SW —1995 ❑ Coastal SW — 2008 ❑ Ph 11- Post Construction (select all that apply) ❑ Non -Coastal SW HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ Mgmt Plan: State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Hurst Harbor Subdivision (Incl. Hurst Harbor Homeowners Park) 2. Location of Project (street address): Hammocks Beach Road City:Swansboro Township County:Onslow Zip:28584 3. Directions to project (from nearest major intersection): From the intersection of NC 24 and US 17 in Jacksonville east on NC 24 approx. 17.0 miles so NCSR 1511 (Hammocks Beach Road), right on NCSR 1511 approx. 2.2 miles Site at end of NCSR 1511 4. Latitude:340 40' 18.0" N Longitude:770 08' 13.0" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modificationt tRenewals with modifications also requires SWU-102 - Renewal Application Form b.If this application is beingg submitted as the result of a modification to an existing permit, list the existing permit numberSW8 900223 & SW8 920516 , its issue date (if known)2/16/90 & 4/4/97 , and the status of construction: ❑Not Started ZPartially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ZLow Density [-]High Density ❑Drains to an Offsite Stormwater System []Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, n/a and the previous name of the project, if different than currently proposed, n/a 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑Sedimentation/Erosion Control: ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts ac of Disturbed Area b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: 5. Is the project located within 5 miles of a public airport? ZNo ❑Yes If yes, see S.L. 2012-200, Part VI: http://portal.ncdenr.org/web/wq/ws/su/statesw/rules laws Form SWU-101 Version 06Aug2012 ECEFE f • APR 15 2013 RV:. Page 1 of 6 III. CONTACT INFORMATION a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:Hurst Harbor Association Signing Official & Title fames G. Fisher, President HOA b.Contact information for person listed in item la above: Street Address:PO Box 516 City: Swansboro State:NC Zip:28584 Mailing Address (if applicable): City: State: Zip: Phone: ( ) Fax: ( ) Email: c. Please check the appropriate box. The applicant listed above is: ® The pr erty owner (Ski to Contact information, item 3a) ❑ Lessee** Attach a copy o the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization: Signing Official & Title: b.Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if applicable): City: Phone: ( l State: Zip: State: Fax: Zip: 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: Signing Official & Title: b. Contact information for person listed in item 3a above: Mailing Address: City: Phone: Email: 4. Local jurisdiction for building permits: Onslow Coun State: Zip: Fax: ( 1 Point of Contact:George Lacey Phone #: (910 ) 9893072 APR 15 2013 k Form SWU-101 Version 06Aug2012 Page 2 of 6 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Low Density 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific I?evelepment Plan or PLJD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ pA II - Post Construction 3. Stormwater runoff from this project drains to the White Oak River basin. 4. Total Property Area: 22.98 acres 5. Total Coastal Wetlands Area: n/a acres 6. Total Surface Water Area: -0- acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area':22.98 acres + Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal Higgh Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (BI,IAA). Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 24.98% % 9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. LOr,31 4OZ /-164f 7-30 (OFg 4—i 0 _YA I Basin Information aurae Area aurae a 3 Draina e Area Receiving Stream Name Intracoastal WaterwayWaterwa IntracoastalFosters Creek- Stream ass ; Stream Index Number - - _20-35 Total rainage Area s sf 748,361 s s s -site Drainage Area s sf 748,361 s s s -site Drainage Area s - - - - _ _ _ Proposed Impervious Area (sf) 6,900 sf 194,834 s s s Impervious Area (total) ° 1 26.03%_1° 1 24.98% Impervious' Surface Area Drainage Area amage Area _ ge Area _ amage Area -site u ings ors s - - st 48,3UU s _ s -site Streets s sf 36,134 s - s -site Parking s s _ _ _ _ 1,358 s -site Sidewalks (sf)- - _ _ _ Other on -site s s - - 329 s Future s s _ - _ _672 s Off -site s - - xisting s n a -- n a n a Total s s st 4Z5,3UU st 250,034 s Stream Gass and Inaex Number can be determined at: http.l,(Rortal.ncdenr.org/web/wos/csu/classifications Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. ***Report only that amount of existing BUA that will remain after development. Do not repyp sting&- that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documen on Form SWU-101 Version 06Aug2012 Page 3 of 6 BY: Proiects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per 1 SA NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http:/ /vortal.ncdenr.org/we)i/wq/ws/su/bmp-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://12ortal.ncdenr.org/web/wq/ws/su/statesw/forms docs. The complete application package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by locating project on the interactive online map at http://portal.ncdenr.org/web/wq/ws/su/mays.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest vers�. s for each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forists'doas. 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to hU://www.envhelp.org/12ages/onestogexpress.htnd for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1h mile of the site boundary, include the 1h mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as p. Vegetated buffers (where required). Form SWU-101 Version 06Aug2012 Page 4 of 6 a separate do EIV APR 15 2013 +3v:.. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 1240 Page No: 902 11. Far corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. hU://www.secretary.state.nc.us/Corporations/CSearch.asl2x VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signatures) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed can the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DWQ, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:David K. Newsom, PE Consulting Firm: Crystal Coast EnSiLeering, PA Mailing Address:205-3 Ward Road City:Swansboro Phone: (910 ) 325-0006 Email:crystalcoastenggbizec.rr.com State:NC Zip:28584 Fax: (910 ) 325-0060 DC. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) certify that I own the proper identified in this permit application, and thus give permission to (print or type name of person listed in ContacthInformation, item 1a) with (print or type name of organization listed in Contact Information, item 1a) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. ECEIVEak APR 15 2013 9-y: Form SWU-101 Version 06Aug2012 Page 5 of 6 As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature: Date 1._____________________________________, a Notary Public for the State of --------------------- County of --------------------, do hereby certify that -------------------------------------- personally appeared before me this _ day of ---------- _------ , -------- and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, ______________________________ ------------------ SEAL My commission expires X. APPLICANT'S CERTIFICATION ]] I, (print or type name of person listed in Contact Information, item 1a) �Q ► n G S �' She ►r certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwate s unyler 15A NCAC 2H .1000 and any other applicable state stormwater requirements. Signature: Date: I, _C [i c��_� (i1 h �1_r1�i rcc� , a Notary Public for the State of r4A arch 11 rA County of QZ]�5J&Y\Z------- do hereby certify that ZC A __FI �h e-1� _ _r = --personally appeared before me this J of -4 L'- _______- 9,0 f3- and�noee e ecutio of the application for a stormwater permit. Witness my hand and official seal, FmELIA I CLINKINBEARD Notary Public onslow County North Carollno t I !q y Commission Expires SEAL My commission expires IVO V . 6 l I c-�o / APR 15 2013 „. - Form SWU-101 Version 06Aug2012 Page 6 of 6 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: SW8 920516 (incl. SW8 900223) 2. Project Name: Hurst Harbor Subdivision 3. Current Permit Holder's Company Name/Organization: Hurst Family Trust 4. Signing Official's Name: Ned Hurst 5. Mailing Address: n/a City: n/a 6. Phone: (n/a Title: (Trustee) - Deceased State: n/a Zip: n/a Fax: n/a II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑✓ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑� Name change of project (Please complete item 5 below) ❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑✓ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: Hurst Harbor Association 2. Proposed permittee's signing official's name: James G. Fisher 3. Proposed permittee's title: President 4. Mailing Address: P.O. Box 516 City: Swansboro Phone: 910 787-2376 State: NC Zip: 28584 Fax: ( ) n/a 5. New Project Name to be placed on permit: Hurst Harbor Subdivision (incl Hurst Harbor Homeowner's Park Please check the appropriate box. The proposed permittee listed above is: ❑✓ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a recorded easement for all areas that contain stormwater system features. Print name of HOA or POA in #1 above and provide name of HOA/POA's authorized representative in #2 above) ❑ The property owner ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be granted upon receipt of a copy of the recorded deed) ❑ Developer (Complete Property Owner Information on page 4) iIEGEIVE SSW N/O Change Rev24Sept2012 Page 1 of 4 APR 5 203 BY. III,, REQUIRED ITEMS A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all of the applicable required items listed below are included with the submittal. Failure to provide the listed items may result in processing delays or denial of the transfer. 1. This completed and signed form. This certification must be completed and signed by both the current permit holder and the new applicant if this is a change of ownership. 2. Legal documentation of the property transfer to a new owner. 3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit. 4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from each DWQ Regional office), if required by the permit and if not already submitted to DWQ. 5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability company, or other corporate entity, provide documentation showing the authority of the named representative to act on behalf of the proposed permittee. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements and fill out the certification below that statement: ❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing address, but will retain the permit. I, , the current permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. ❑✓ Check here if current permittee is transferring the property to a new owner and will not retain ownership of the permit. I, Hurst Family Trust , the current permittee, am submitting this application for a transfer of ownership for permit # swe 920516/900223 . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I have provided a copy of the most recent permit, the designer's certification for each BMP, any recorded deed restrictions, covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved operation and maintenance agreement, past maintenance records, and the most recent DWQ stormwater inspection report to the proposed permittee named in Sections II and V of this form. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not included, this application package will be returned as incomplete. I assign all rights and obligations as permittee to the proposed permittee named in Sections II and V of this form. I understand that this transfer of ownership cannot be approved by the DWQ unless and until the facility is in compliance with the permit. Signature: ho� mgglreC Oar Date: County of . a Notary Public for the State of do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature SSW N/O Change gev24Sept2012 Page 2 of 4 (Notary Seal) ECEIV APR 152013 M BY. _ V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) 1, James G. Fisher, President HOA , hereby notify the DWQ that I have acquired through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted stormwater management system, and, if applicable, constructing the permitted system. I acknowledge and attest that I have received a copy of: (check all that apply to this permit) the most recent permit the designer's certification for each BMP ❑ any recorded deed restrictions, covenants, or easements ❑ the DWQ approved plans and/or approved as -built plans the approved operation and maintenance agreement past maintenance records from the previous permittee (where required) DWQ stormwater inspection report showing compliance within 90 days prior to this transfer I have reviewed the permit, approved plans and other documents listed above, and I will comply with the terms and conditions of the permit and approved plans. I acknowledge and agree that I will operate and maintain the system pursuant to the requirements listed in the permit and in the operation and maintenance agreement. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed or if all required supporting information and attachments listed above are not includethl'lication package will be returned as incomplete. Signature: ref County of M day of Date: /,� a Notary Public for the State of do hereby certify that personally appeared before me this the 20La-, and acknowledge the due execution of the for oing instrument. Witnesg my hand and official seal, 1. easL� — _(Unlar& 51w) - Notary Sig —nature CELIA J. CLNKINBEARD Notary Public Onslow County North Carolina DLqjj) My Commission Expires Additional copies of the original permit and the approved Operation and Maintenance agreement can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee (if required), should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. SSW N/0 Change Rev24Sept2012 Page 3 Ui 4 ES-O'EML APR 15 2013 BY: VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: (if different from street address) State: Fax: Zip: Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy of the lease agreement or other contract, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the submittal. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and I will therefore share responsibility for compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statute (NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: I, , a Notary Public for the State of County of _ _ , do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature (Notary Seal) nECEIVE� APR 15 1013 BY - SSW N/O Change Rev24Sept2012 Page 4 of 4 Lewis,Linda From: David Newsom <crystalcoasteng@bizec.rr.com> Sent: Friday, August 23, 2013 11:29 AM To: Lewis.Linda: Scott. Georaette Subject: RE: Hurst Harbor Homeowners Park Request for Permit Mod and Transfer SW8 920516 I believe his name is John Worrell. Mr Fisher plans on updating him this evening based on your recent voicemail and Georgettes email to me. I should have more info next week. From: Lewis,Linda fmailto:linda.lewis@ncdenr.gov] Sent: Friday, August 23, 2013 11:22 AM To: Scott, Georgette; David Newsom Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Dave: I think at this point we are going to go ahead and at least get the permit transferred to the HOA first, and then we'll deal with the modifications that are needed for the Homeowner's Park project. What is Mr. Worrell's full name? I will put it on the transferred permit. Thanks. Linda Lewis NC Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Scott, Georgette Sent: Friday, August 23, 2013 11:18 AM To: David Newsom Cc: Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 It is ok David. Thank you for all of your help. We will take care of it. Georgette From: David Newsom[mailto:crystalcoasteng(dbizec.rr.com.� Sent: Friday, August 23, 2013 10:08 AM To: Scott, Georgette Cc: Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Sorry for the delay. Johnson, Kelly From: Johnson, Kelly Sent: Wednesday, July 03, 2013 11:43 AM To: Lewis,Linda Subject: FW: SW8 900223, SW8 920516 - Hurst Harbor Subdivision Importance.- High Linda, This is one that I had planned to return, but you were going to work on it because you knew about it already. Yesterday you had mentioned that you were going to return it? I looked it up and it came in on 4/15 so we need to decide what to do with this fairly quickly... it will be statutory on 7/15/13. It is on your shelf.. Thanks, KJ From: Johnson, Kelly Sent: Monday, April 29, 2013 8:19 AM To: 'David Newsom' Subject: RE: SW8 900223, SW8 920516 - Hurst Harbor Subdivision David, Please submit this by COB Wed 5/1 or I will have to return it. Thanks, KJ From: David Newsom [mailto:crystalcoastengabizec.rr.com] Sent: Thursday, April 25, 2013 3:12 PM To: Johnson, Kelly Subject: RE: SW8 900223, SW8 920516 - Hurst Harbor Subdivision Met w. them yesterday. They gave me the go ahead to prepare "hand drawn" drainage map (on the plat prepared by others).....as requested by Linda Lewis. Sent my staff to the Reg of Deeds this morning to get the base map. Will be submitting a package SOON. From: Johnson, Kelly [mailto:kelly.p.johnson(a)ncdenr.gov] Sent: Thursday, April 25, 2013 1:23 PM To: David Newsom Subject: RE: SW8 900223, SW8 920516 - Hurst Harbor Subdivision What is the word on this? I need to move on it fairly soon. It came in two Mondays ago. Thanks, KJ Pat McCrory Governor April 29, 2013 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. Director Mr. James G. Fisher, HOA President Hurst Harbor Association PO Box 516 Swansboro, NC 28584 Subject: APPLICATION RETURN SW8 900223 & SW8 920516: Onslow County Dear Mr. Fisher: Hurst Harbor Subdivision John E. Skvarla, III Secretary On April 15, 2013, the Division received an incomplete State Stormwater Management Application for the project listed above. The application is being returned because the application package lacked the necessary elements to accept it for review. Please provide the following information upon the next submittal of this application package: 1. Two Options: a. Transfer & Correction: If we transfer the permit and cannot find the current permittee there is a 60 waiting period per the Attorney General for that person to respond to a letter from DWQ. One option is to wait for that time period to elapse, and then combine the two permits as a correction then that is one option. b. New Permit: The second option is to get a new permit without a transfer. This is a standard modification package with the fee. 2. Other: I understand that your engineer has been in contact with Linda Lewis in my office to discuss the details of this project. Please refer to those emails for additional information and further direction. Please visit DWQ's website at http:/lh2o.enr.state.nc.us/su/bmp forms.htm to download the latest available forms. Please provide the requested information and return the package to the address below. Note that the 90-day statutory permit review time begins upon receipt of a complete application. If you have any questions, please �io not hesitate to call me at (910) 796-7331 or email me at kelly.p.johnson cdenr. ov; ��t ;(]� Sincerely, CVlx Kelly Johnson Environmental Engineer �V " GDS/kpj: S:1WQS1StormwaterlPermits & Projects1199M90022312013 04 return _app 900223 S:IWQSIStormwaterlPemtits & Projects11992\920516\2013 04 retum_app 920516 cc: David Newsom, PE Wilmington Regional Office Stormwater File SW8 900223 Wilmington Regional Office Stormwater File SW8 920516 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St Ralegh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-64921 DENR Assistance:1-877-623-6746 NorthCarolina Internet www.ncwateroualitv.oro �Q'tura��� An Equal Opportunity \ AiArmative Action Employer Johnson, Kell From: Lewis,Linda Sent: Tuesday, April 23, 2013 11:44 AM To: Johnson, Kelly Subject: FW: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 These are some of the issues we've been emailing about regarding this application. I will be glad to keep that file in my office, since I'll probably end up being the reviewer. Thanks. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lewis,Linda Sent: Friday, April 19, 2013 5:46 PM To: 'David Newsom' Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Dave- the deed restrictions limiting the BUA per lot to 6900 sf as required by the original 900223 certification of compliance for the subdivision, were recorded sometime in August 1990. Our copy is old and the text regarding the BUA limits was highlighted and then copied, so it shows up as a dark line, obscuring the words. I was able to download a clean copy, so you don't have to go to the trouble of getting a copy for me. However, although not required, it would be really helpful for the HOA to maintain compliance with the permit if the HOA voted to amend the existing covenants as part of this transfer. In 1990, the deed restriction statements were minimal to say the least. We would like to see them add the updated statements prohibiting the addition of more piping, keeping all BUA out of the 30' surface water buffer, etc., as indicated on that Standard Deed Restriction form. The HOA has the ability to amend the covenants if they so desire. Per Section XIX, all lots are members of the Hurst Harbor Association; Per Section XX, the majority of the membership can vote to change the covenants (but not the restrictions required by the stormwater permit); Per Section XXI, enforcement of the covenants is by proceedings of law. Per Section XXIi, a majority (60%) of the lot owners is needed to amend the covenants. When the HOA becomes the permittee, they will have to "monitor" the BUA on everybody's lot and make sure no one goes over (or has gone over) the 6900 sf max, and that nobody adds (or has added) any excessive piping. The State will only step in if necessary to get compliance, but the permittee/HOA is supposed to head that off by setting up some sort of plan review process to review new lot construction and additions to existing lots for compliance with the covenants. BUA limits are part of the covenants, so that review needs to make sure that the proposed improvements do not exceed the BUA limit; that the lot has not added any extra piping except for an "average" driveway pipe; and that the lot owner has not completely piped in the road ditch in front of the lot. I also was able to download the recorded plat and it shows drainage easements located between lots 3&4, 6&7 and 18&19. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: David Newsom mailto:c stalco sten bizec.rr.co ] Sent: Friday, April 19, 2013 3:12 PM To: Scott, Georgette; Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Sounds reasonable ... I will try and get copy from Reg of Deed. One other issue has arisen... I prepared a Standard Deed Restriction Form (as usually required for Low Density Residential). As you know, that form is written as if the original developer is signing...... The current President of the HOA is reluctant to sign that form, as since original construction .... most lots have been sold to third parties (other than developer and/or HOA) and now the HOA has no control over those lots....other than the deed restrictions currently on record. That being the case, is the Deed Restriction and Protective Covenant form (Form DRPC-5) absolutely necessary? From: Scott, Georgette f maiito:georgette.scott(dncdenr gov] Sent: Friday, April 19, 2013 11:16 AM To: David Newsom; Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Linda has the file in her office and she is out at present. Seems to me that the recorded plan from Jacksonville would be better to use. So I would recommend using that. When you put the handwritten changes on the plans stamp it for your changes only (You can state that on the plan) under your stamp. And just note on the plans if we need to see any insert or other info with the plan that has specific info on the swales as discussed below. Georgette Scott Stormwater Program Supervisor State Stormwater Program NC Division of Water Quality 127 Cardinal Drive Fart. Wilmington, NC 28405 Phone (910) 796-7335 Fax (910) 350-2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third patties. From: David Newsom fmaiito:crystalcoasteng@bizec.rr.com] Sent: Friday, April 19, 2013 11:01 AM To: Scott, Georgette; Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Yes.....lf something "hand written" will suffice...... can certainly do that. What I need is a copy of the plat on which to make such notations. Do you have one in your file? If not, I can probably get one from Reg. of Deeds in Jax. From: Scott, Georgette fmailto:georgette.scott(dncdenr.gov] Sent: Friday, April 19, 2013 10:33 AM To: David Newsom; Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 David, These "remarkedly devoid of detail" permits are one of the biggest sources of problems, not just for us when a complaint comes in and we are trying to figure out what is what, but also for residents of subdivisions when they are trying to manage and determine what their maintenance requirements and costs should include. In Linda's email she asked if you could. at least provide flow direction and the locations/inverts of the points where the road ditch runoff is released into a lot line swale and directed to the surface water. Is it possible for you to take the original plan and hand mark locations, flow direct/inverts of each swale (maybe number them and place arrows on old plan?) and if needed, give us an 8.5 x 11 document with standard design or any other info you can provide that may help the residents manage their system? That way you do not have to redraw the plan and we have information for purposes of inspection when the HOA calls us about problems. This would also help the HOA also when they are trying to determine maintenance costs for the swales. Georgette Scott Stormwater Program Supervisor State Stormwater Program NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone (910) 796-7335 Fax (910) 350-2004 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: David Newsom fmailto:crvstalcwasteng@bizec.rr.coml Sent: Friday, April 19, 2013 7:26 AM To: Lewis,Linda Cc: Scott, Georgette Subject: RE: Hurst Harbor Homeowners Park Request for Permit Mod and Transfer SW8 920516 "remarkably devoid of detail"...... Yes, that original subdivision info given to me by HOA is similarly generic....... and lacking that "detail" we usually see today. That being the very reason I asked the question about the Swale Info....as I do not have in my possession any of the original design data (it appears it does not exist). I certainly do not object to providing, "flow direction and locations/inverts of the points where road ditch runoff is released ....... please note that we do NOT even have a basemap of the entire subdivision....onto which to show that information. If we must provide that information.....I must somehow create such a "basemap ....... an expense I certainly cannot afford (without compensation from HOA)...... and an expense I am certain the HOA does not want to incur unless ABSOLUTELY NECESSARY. SO ..... I guess my question is.....what is the VERY MINIMUM that we can get by with (as far as mapping) to get the Homeowners Park permit issue resolved? Thanks ..... I hate to be a pain here .... but this project is slowly evolving into something quite different than what I originally anticipated. From: Lewis,Linda fmailto:Iinda.lewis(dncdenr.govl Sent: Thursday, April 18, 2013 12:10 PM To: David Newsom Cc: Scott, Georgette Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Dave Sorry, I forgot to reply to that one. I talked to Georgette and we agreed that whatever swale calculations were provided for the original project would need to be placed onto the new supplement. There are no swale calculations in the file, so we will not require you add the existing swale calculations to the supplement, unless you want to. At a minimum, I would like to know flow direction and the locations/inverts of the points where the road ditch runoff is released into a lot line swale and directed to the surface water. As an aside comment, the approved subdivision plans from 1990 are remarkably devoid of detail. Basically, the plans have property lines, lot lines, MHW line and the 75' CAMA AEC line. There are no contour lines, spot elevations or swales of any sort shown. I have a separate 8.5 x 11 piece of paper with a 60' ROW road cross- section indicating that the road is 20' wide, there is no curbing, the front slope of the road ditch in cut is 4:1 and the back slope is 3:1. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: David Newsom rmailto:crystalcoasteng(dbizec rr com] Sent: Thursday, April 18, 2013 8:42 AM To: 'David Newsom'; Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 See below. Got everything ready to mail.... pending answer to below question. From: David Newsom rmailto:crvstalcoasteng@bizec.rr.coml Sent: Wednesday, April 17, 2013 9:21 AM To: 'Lewis,Linda' Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 One final question..... 4 I have prepared the Low Density Supplement. As the Subdivision Low Density Design has been PREVIOUSLY APPROVED....and considering the fact that I do NOT have the original design documents.... nor do I have the original drainage calculations (assuming they were even done)....... Is it absolutely necessary to complete the Swale Design Info section of the Low Density Supplement? Without a complete and total asbuilt topo survey of entire subdivision ..... I am unable to "back compute" that drainage info for any existing swales on the project. And seeing how project was previously reviewed and approved...... seems unnecessary (at least from my perspective). THanks From: Lewis,Linda [mailto:linda.lewis0ncdenr gov] Sent: Wednesday, April 17, 2013 8:44 AM To: David Newsom Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 If we go with option 1, getting a new low density permit for the subdivision, we'll need a signed application form (SWU-101), a low density supplement, a copy of the recorded deed restrictions (@6900 sf per lot), a letter outlining all the efforts to locate the permittee, a copy of the deed transferring the common area to the HOA, and the $505 application fee. Along with that new application, the HOA can submit a request to rescind 920516 because the new plans for the homeowners park will be included as part of the new permit for the subdivision. The Division will take care of rescinding 900223 once the new permit is issued Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: David Newsom fmailto:crystalcoa no(dbizec rr com] Sent: Tuesday, April 16, 2013 11:40 AM To: Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Met w. Jim Fisher this morning.... Option 1 seems preferable. If I understand correctly, you will need a Low Density Supplement in order to proceed. Is that correct? Is that all that you need? I have a signed letter from HOA requesting Permit Recinsion...if you still need that. THanks Johnson, Kelly From: David Newsom [crystalcoasteng@bizec.rr.com] Sent: Tuesday, April 23, 2013 11:44 AM To: Johnson, Kelly Cc: Lewis,Linda Subject: RE: SW8 900223, SW8 920516 - Hurst Harbor Subdivision Not sure what the problem is ......... But I presume with the server on this end (mine). I plan to meet with HOA President again tomorrow to determine the best course of action. From: Johnson, Kelly rmailto•kelly p Johnson(nc enr gov] Sent: Tuesday, April 23, 2013 11:37 AM To: David Newsom Cc: Lewis,Linda Subject: FW: SW8 900223, SW8 920516 - Hurst Harbor Subdivision Dave, This email bounced back to me today. (I am not sure why it took a week?) Anyway, I need to get this resolved fairly soon. I emailed John last week when I was having trouble with this, and I think he put a copy of the email on your desk. I know that you have also been talking to Linda about this, so I have cc'd her. Please see below. Thanks, KJ From: Johnson, Kelly Sent: Tuesday, April 16, 2013 9:58 AM To: Crystal Coast Engineering Cc: Lewis,Linda Subject: FW: SW8 900223, SW8 920516 - Hurst Harbor Subdivision This was delayed b/c of a server issue yesterday, so I do not know if it went through or not... trying again. From: Johnson, Kelly Sent: Monday, April 15, 2013 3:51 PM To: Crystal Coast Engineering Cc., Lewis,Linda Subject: SW8 900223, SW8 920516 - Hurst Harbor Subdivision Dave, Linda said that the two of you had discussed two options for this recently, so you may have sent in this package before that discussion. Which way do you want to go with this? 1.) Transfer & Correction: If we transfer the permit and can't find the current permittee there is a 60 waiting period per the AG for that person to respond to a letter from DWQ. If you want to wait that out, and then combine the two permits as a correction (because we don't know why this ended up as two permits) then that is one option. 2.) New Permit: The second option is to get a new permit without a transfer. This is a standard modification package with the fee. We received a transfer & modification package without the fee. So, can you send me the missing info depending on which way you go? Thanks, KJ ice Uw O k VI,S O IL. Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 Johnson, Kelly From: Securence Mailer Sent: Tuesday, April 23, 2013 8:59 AM To: Johnson, Kelly Subject: Undeliverable: SW8 900223, SW8 920516 - Hurst Harbor Subdivision Your message To: Crystal Coast Engineering <crystalcoasteng0biztec.rr.com> Subject: SW8 900223, SW8 920516 - Hurst Harbor Subdivision Sent: Mon, 15 Apr 2013 19:51:32 +0000 Securence ID: 1366055495833-017-02019504 did not reach the following recipient(s): crystalcoasteng biztec.rr.com Delivery failure reason: no destination servers currently available or none defined. Delivery attempt history for your mail: 2013-04-15 14:53:31 (CDT) 2013-04-15 14:55:31 (CDT) 2013-04-15 14:59:31 (CDT) 2013-04-15 15:06:31 (CDT) 2013-04-15 15:20:31 (CDT) 2013-04-15 15:45:31 (CDT) 2013-04-15 16:33:18 (CDT) 2013-04-15 18:03:18 (CDT) 2013-04-15 20:53:18 (CDT) 2013-04-16 02:16:19 (CDT) 2013-04-16 12:30:09 (CDT) 2013-04-17 07:55:59 (CDT) 2013-04-18 07:56:16 (CDT) 2013-04-19 07:56:48 (CDT) 2013-04-20 07:57:44 (CDT) 2013-04-21 07:57:57 (CDT) 2013-04-22 07:58:47 (CDT) 2013-04-23 07:58:56 (CDT) R The mail system will no longer continue trying to deliver your message. Johnson, Kell From: Lewis,Linda Sent: Monday, April 15, 2013 4:27 PM To: Johnson, Kelly Subject: FW: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 This is what I told Dave, per Georgette. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lewis,Linda Sent: Monday, April 15, 2013 10:55 AM To: 'David Newsom' Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Dave: A slight change to the process based on some recent information I got from Georgette regarding the way the AG wants us to handle permit transfers. OPTION 1- if a permittee refuses to sign off on a transfer form, or has died or can no longer be located, then the Division can issue a new permit to the new owner. The new permit must be for the same project with no changes. In this option, a signed transfer form is not needed, but the new owner must complete and sign a new application and supplement and submit them, along with the $505 application fee and a letter explaining all the circumstances of tracking down the old permittee (attempts to contact) and his/her refusal to sign, or inability to be located. OPTION 2- if the existing permittee can no longer be located, and the new owner desires to have the existing permit transferred to them, then the Division will send a 60-day notification letter from the AG, to all known addresses for the permittee in an attempt to notify them of the transfer. If after 60 days, there is no response from the permktee, then the Division will proceed with the transfer (transfer document must be signed by the new owner - no fee for the first transfer). The transferred permit must be signed by the Director, but so far, we have not had any luck getting the Director to sign such a transfer. In the interest of time, we recommend applying for a new permit, however that does require a $505 fee because it is a new permit. This is the tradeoff to waiting 60 days and hoping that the director will sign the transferred permit. Legislation is being considered to fix this, but there is no guarantee it will be passed or that it have the same intent that we originally proposed it for. If your client goes the route of applying for a new permit instead of waiting 60 days for a transfer, in the area of the application where it discusses vested rights, you would fill it in with the existing permit issue date and claim a vested right to develop the project under that same rule (1988, 1995, Phase II) as previously permitted. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: David Newsom fmailto:crystalcoasteng(&bizec rr com] Sent: Monday, April 15, 2013 9:26 AM To: Lewis,Linda Subject: FW: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 See below. Unfortunately, the package went out (in mail to you) last Friday ..... and before receipt of your email message. As a result, that package DOES NOT INCLUDE the requested Rescinsion Letter. However, if acceptable .... I can draft something up .... have it signed by Mr. Fisher.....and forward to you. From: Jeanie Clinkinbeard [mailto:jeanie0bizec.rr.coml Sent: Monday, April 15, 2013 9:22 AM To: 'David Newsom' Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Yes, this went out Friday. From: David Newsom fmailto:crystalcoasteno(dbizec.rr com] Sent: Saturday, April 13, 2013 9:20 AM To: Jeanie at CCE Subject: FW: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 See below.... Has that package gone out yet? From: Lewis,Linda fmailto:linda.lewis(alncdenr.gov] Sent: Friday, April 12, 2013 5:28 PM To: David Newsom Subject: FW: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Hey Dave- I just talked with James Fisher about the upcoming transfer. I understand that Mr. Hurst is dead and the Trust is dissolved, so there is probably no one left to sign the transfer document for the Trust. Be sure to include the updated drawings of the Homeowner's Park (6900 sf max) and a completed and signed Plan Revision request form. As previously indicated, we will process a transfer of 900223 to the HOA first, then we can accept and process the Homeowner's Park plan revision to 900223 and then I think we also wanted to consolidate the 2 permits into one by rescinding 920516. As near as I can tell with a potential total of three "minor modifications", I think the following documents would need to be submitted to simplify the process: 1. The signed N/O transfer form, to transfer the 900223 subdivision permit to the HOA. 2. A signed plan revision form and 2 updated plans for the Homeowner's Park lot under 900223. 3. A request from the HOA to rescind 920516. Since the 900223 permit already assigned a max BUA to all of the lots, including the Homeowners Park Lot, we can simply rescind 920516 and add the new approved plan for the Homeowner's Park to the 900223 approved plan set. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lewis,Linda Sent: Wednesday, April 03, 2013 10:54 AM To: 'David Newsom' Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 It depends on what we're doing. If the permit is being transferred for the first time, and the plans for the HOA park are being revised, there is no fee. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: David Newsom fmailto:crystalcoastengCalbizec rr com] Sent: Wednesday, April 03, 2013 10:42 AM To: Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Just about done with Application Package..... Will you guys be charging the $505 permit fee ... or can we waive it in this instance? From: Lewis,Linda rmailto.,Iinda.lewis(ancdenr.gov1 Sent: Wednesday, April 03, 2013 9:23 AM To: David Newsom Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Dave- Yes. Any surface that is used to park on or drive on must be accounted for as BUA. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: David Newsom fmailto:cW.Wicoastenci(&bizec.rr omml Sent: Wednesday, April 03, 2013 9:12 AM To: Lewls,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 One more thing I meant to ask..... specific to the Park Lot (lot 31) It is apparent, based on site visit, and Google Earth that residents use the grassed area immediately left (west) of turn around (at boat ramp) for parking. Even though this area is grassed.... should I estimate its area ...... and count it as Parking BUA.... even though it is grass? If you agree.....lt is my intent to count up ALL the existing BUA...... and then designate as FUTURE the difference in that figure (all existing BUA) and the allowable per lot (6900 sf). From: Lewis,Linda fmailto:linda.lewis(dncdenr.govl Sent: Tuesday, April 02, 2013 12:10 PM To: David Newsom Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Dave- that sounds great. Let me know if the AG needs to assist. Yes, you can submit the modified application in the name of the HOA, with the understanding that the transfer of the permits must occur first and then the consolidation/modification can be accepted and reviewed afterward. It doesn't matter which permit number you keep and which one gets rescinded. As part of the modification/consolidation, be sure to request the rescission of whichever one of the permit numbers you are not keeping. This is a record -keeping exercise because the reviewer wants the "bean" counted for the 2 activities, and because we cannot have 2 modifications 'open" on the same permit at the same time in the database. The transfer is entered, processed and "issued" first and then the modification is entered, reviewed and issued the next day. The HOA will only get one piece of paper, the modified permit, which acknowledges both the transfer and the modification. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. From: David Newsom fmaiito:crystalcoasteng@bizec.rr.coml Sent: Tuesday, April 02, 2013 11:49 AM To: Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 iI I am, along with HOA association help, working on that now. I was able to determine that Gertrude Hurst (Hurst Harbor N.) was Ned Hurst sister, but, that her "enterprise" is separate and not associated with this project. We (me and HOA) will continue to research who, if any, is presently available to sign on behalf of original permittee. I am proceeding with: 1) Preparation of Stormwater Plan —showing the additional BUA 2) Preparation of Permit Mod Application. I presume OK to put the application itself in the name of the HOA.. (i.e. assume the transfers happens first)? From: Lewis,Linda [mailto:linda.lewis@ncdenr.govl Sent: Tuesday, April 02, 2013 10:43 AM To: David Newsom Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 The subdivision permit is not in the name of the HOA. All we need to accomplish is a standard transfer of a permit where the original permittee is no longer available. The proposed permittee needs to do the necessary research to track down any heirs. Once you exhaust your resources in that regard, I can certainly get the AG involved to assist in tracking down any living heirs of the original Trust. I did not mean to imply that Gertrude E. Hurst Trust and the Hurst Family Trust are related, or one and same, or that the former can sign for the latter or vice versa. I was simply stating the name of the permittee for the 94 permit for the adjacent subdivision and observing that both are named Hurst and both are Trusts. Since the 2 projects are adjacent, it would make sense that the owners are somehow related, but I can neither confirm nor deny any relationship. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: David Newsom fmaiito:crystalcoastenq@bizec.rr.coml Sent: Tuesday, April 02, 2013 10:27 AM To: Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Again, I have no problem whatsoever with submitting the Transfer paperwork ......... But I fear getting the appropriate signature, on behalf of "Hurst" may be difficult, as Mr. Hurst has since passed away....and the Hurst Family Trust (original permittee) is no longer in existence. Are you suggesting that possible Gertrude Hurst Trust (another entity altogether) could sign on behalf of "Hurst Family Trust"? Anyway .... if someone can tell me who to contact ... that is LIVING....I will certainly try and obtain that signature. My point of the Permit ALREADY being in the name of the HOA was simply intended to avoid tracking spending inordinate amounts of time tracking down folks from the Hurst family who may....or may not ... still be alive. From: Lewis,Linda fmailto:linda.lewis(&ncdenr.gov} Sent: Tuesday, April 02, 2013 9:45 AM To: David Newsom Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Dave: The original subdivision was permitted under 900223 for a max. BUA of 6900 sf per lot to the Hurst Family Trust. In early 1992, the HOA submitted plans for the development of the "Homeowner's Park" and the reviewer simply wrote a permit under SW8 920516 for the one Homeowners Park lot verifying that the BUA was under 6900 sf and met the low density requirements. In early 1992, the importance of transferring the stormwater permit from a developer to the HOA was not fully realized. Today of course, the permit would have been transferred to the HOA and a plan revision for the Homeowner's Park would have been approved. A new permit would not have been issued. The 900223 permit for the overall subdivision remains in effect, and remains in the Hurst Family Trust name — it has not been rescinded or transferred. My suggestion is to combine the 2 permits and issue them both to the HOA. This of course means that the 900223 permit needs to be transferred and the plans for the homeowners park approved under the 920516 permit need to be incorporated into the approved plan set. In 1994, Hurst Harbor North subdivision, immediately adjacent to Hurst Harbor, was permitted separately to the Gertrude E. Hurst Trust under SW8 940524. 1 don't know if the HOA has control over both subdivisions or not. There is no copy of a recorded deed restriction for 940524. If 940524 needs to be transferred to the HOA as well, we might as well do it all at one time. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: David Newsom fmailto:crystalcoastena@bizec.rr.coml Sent: Tuesday, April 02, 2013 7:35 AM To: `David Newsom'; Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 FYI Yesterday, we "measured up" the existing BUA (Driveway, pads, wall, etc) on site and it is indeed in excess of that required by permit ...... so it would appear that a permit mod is necessary. I am working on that application now. I am, however, unsure as to weather a formal Permit Name Change is required..... as the name on the permit was changed on the 1997 Mod. (see previous email). Any input/advice is appreciated. From: David Newsom fmailto:crystalcoasteng@bizec rr com] Sent: Tuesday, April 02, 2013 7:32 AM To: 'David Newsom'; Lewis,Linda Subject: RE: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 Please see below. From: David Newsom rmailto:crystalcoasteng@bizec.rr.com] Sent: Thursday, March 28, 2013 7:45 AM To: Lewis,Linda Subject: Hurst Harbor Homeowners Park - Request for Permit Mod and Transfer SW8 920516 I met w/ the HOA yesterday at the Homeowners Park.....and just have a couple questions in order to assure that we address this in the correct fashion: It is apparent the drive/turnaround configuration is somewhat different (probably larger) than that depicted on the drawing in the 4/4/97 Mod. I presume what we need to do is "AS -BUILT" what is there .... and if indeed BUA > 4,696 (amount currently permitted), prepare a New Stormwater Plan drawing showing the actual configuration ..... and submit a MOD for the new configuration and additional BUA. Will we need to hire a surveyor to define BUA in place....or can we measure ourselves (one of my technicians) on the ground and with the benefit of aerial topography. Bear in mind that the "edge" between the shell rock drive and grass in poorly defined in areas.....and it seems an actual instrument survey may provide more precision that that necessary to "estimate" the area of BUA. As the HOA is in a hurry to get their boat ramp construction underway ....... if there are any other suggestions you can offer.....1 am "all ears". Thanks Completeness Review Checklist Project Name: ��pST ���r Received Date: QL t,3 Project Location: �t�,�g� 6���avJ Accepted Date: 2008 Coastal Type of Permit: Paperwork Emailed Engineer on: 4116 11 .lAllio(t4 13 1 :DSupplement(s) (1 original per BMP) BMP Type(s): �� �0�(CAMA ml�.Sc�� �O&M with correct/original signatures (1 original per BMP except LS/VFS and swales) pplication with correct/original signatures C 1� OAW-47 ?Mi'AOICE CSj 5fC Ay - Corp or LLC: Sig. Auth. perSoS or ®Deeds+ �$505 (within 6mo) ' '� SHW 3�: t? r\ A. Soi s Report wits T AI�y( " ®Le ''3 Reviewer Calculations (signed/sealed) fio� �Lv�� g000;a: � BE 0101M (�%5 15n'+ LIMCA yea ElNo obvious errors �� �- t t,J84 �Slfo-rScwoEp A Density includes common areas, e.c �� 3 �Q,3�°� 1Mo 5W$ Q%- v� 4 Deed Restrictions, if subdivideF71 LJ Signed &Notarized O C�►�` �5t4� 1lNw�� �`�, ,��t�S rya,. . � , . ,.. ., ..�.. — • — — — � ,. ,. _ glans :2 Sets ID ails (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading ®Wetl s: Delineated or No Wetlands Vicinity Map ®Layout (proposed BUA dimensions) Legend DA Maps ®Project Boundaries nfiltration Soils Report SHWT: Bottom: Visited: %dd itiona I Information: WA (sf) )A (sf) T (el) ;HW i (ei) )epth (ft) ')A (sf) Wet Pond ®Soils Report SHWT: PP: Offsite ®PE Cert for Master ®Deed Rest for Master BUA Permitted (Master): BUA Proposed (Offsite): Lot #: ®Lot # Matches Master sf sf 205 Ward Rd. # 3 Swansboro, N.C. 28584 Tel: (910) 325-0006 Fax: (910) 325-0060 Tramsmiftl To: Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Ree Hurst Harbor Subdivision From: Jeanie for David Newsom Date: April 12, 2013 ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Attached: One (1) Narrative One (1) original Name / Ownership Change Form One (1) original and one (1) copy Stormwater Permit Application One (1) copy HOA minutes (showing applicant as President of HOA) One (1) USGS Location map One (1) copy Deed Two (2) copies plan Comments: Submitted for review & approval. Note, Dave has advised me that no application fee is required for this project Thank you! RECEIVED APR 15 1013 9V- Wind Dance Ln. Conc. Pad (666 sf) Lot 31 BUA Summary Existing Streets (Entrance Drive): 4,541 sf Existing Parking (Grass) 1,358 sf Other (Conc Pad and Boat Ramp): 329 sf Future (Undesignated) 672 sf TOTAL 6,900 sf Lot 1 Hammocks Point Subdivision TRACT DATA: Map Number: 1320A-31 NC PIN: 535404907396 Owner: Hurst Harbor Association Address: 100 John Hurst Drive Deed: Bk 1240 Pg 902 Plat: Bk 27 Pg 056 Acres: 0.58 NOTES: 1. Boundary and site information taken from Onslow County GIS AND IS NOT BASED ON FIELD SURVEY. 2. Measurements of Built Upon Area by Jim Fisher, President HOA and Dovid K. Newsom, PE and established by field measurement and aerial topography. Grass Parking Area (1,358 sf) Boat Ramp (264 sf) Q 3 o n L o� 0 0 90.00' Lot Hurst H (Romeo Lot 1 Hurst Harbor (Padgett, S.D.) John L. Hurst Dr. Entrance Wall (65sf) Lot 1 RBO Hurst Harbor Park) (Padgett, S.D.) ra 00 �0) rn "Shell Rock" Entrance Drive (4,541 sf) 89'40' 30"E .15' Intracoastal Waterway 19-41—(15.5) Er'EVVE GRAPHIC SCALE SCALE 'w 0 20 40 80 ( IN FEET ) 1 ineh = 40 it. 160 Crystal Coast Engineering, P.Q. Hurst Harbor Subdivision -Homeowner's Park PREPARED FOR .;:•. Civil and Environmental ConsultingEn Engineers �: Hurst Harbor Homeowners Association Swansboro Township - Onslow County ` � $PAL s; David K. Newsom, PE SCALE: 1" _ 40' REv: John R. Freshwater, PE 205-3 WARD ROAD, SWANSBORO, N.C. 28584 DATE 4/3/13 PROJECT: 1 — --- - •' )' . `.c>w: PHONE: (910) 325-0006 - FAX: (910) 325-0060 , � F19,0k L-IcEYv6 r, -9-- C- - 2 5 53 DRAWN BY: DKN SHEET: •�.� ,•` Stormwater Permit Modification Narrative Hurst Harbor Subdivision - Onslow County y On 2/16/90, DWQ issued Stormwater Permit SW8 900223 to the Hurst Family Trust allowing construction of a 31 Lot, including Homeowners Park, residential Low Density (25%) subdivision. All lots, including the Homeowners Park lot (Lot 31) were granted up to 6,900 sf of BUA per lot under that permit. On 10/5/92, DWQ issued a Modification to SW8 900223 allowing development of the Homeowners Park. On 4/4/97 DWQ issued SW8 920516 Mod allowing "construction of 4,696 sf of built -upon area". On 3/15/13, DEQ issued a Request for Permit Modification and Transfer, resulting from a CAMA Major Permit Application review for certain boat ramp/dock improvements. 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P P ! -� A 41 A 4 gl 8ulawge data y .................................................................................... •-------------------------- - ...... ........ ."........... I............................ u1 popaoaaa Iaalunalsul Sq t(nagaf) Aq paalnbag soAt paglaasap aaogsulaaaq 4.tadoad aqy ,•Q • �J d i T MOOR �Z� HF91PTirm Wind Dance Ln. Conc. Pad (666 sf) Lot 31 BUA Summary Existing Streets (Entrance Drive): 4,541 sf Existing Parking (Grass) 1,358 sf Other (Conc Pad and Boat Ramp): 329 sf Future (Undesignated) 672 sf TOTAL TRACT _DATA: Map Number: 1320A-31 NC PIN: 535404907396 Owner: Hurst Harbor Association Address: 100 John Hurst Drive Deed: Bk 1240 Pg 902 Plat: Bk 27 Pg 056 Acres: 0.58 NUTES- 1. Boundary and site information taken from Onslow County GIS AND IS NOT BASED ON FIELD SURVEY. 6,900 sf Lot 1 Hammocks Point Subdivision 2. Measurements of Built Upon Area by Jim Fisher, President HOA and David K. Newsom, PE and established by field measurement and aerial topography. Grass Parking Area (1,358 sf) Boat Romp (264 sf) Crystal Coast Engineering, P.A. Civil and Environmental Consulting Engineers David K. Newsom, PE John R. Freshwater, PE 205-3 WARD ROAD, SWANSBORO, N.C. 28584 PHONE: (910) 325-0006 n. FAX: (910) 325-0060 VIR.,IYt LIGGNs[—� 4C_-2—S�� n 3 O Z CD O � CL Lot Hurst H (Romeo, Lot 1 Hurst Harbor (Padgett, S.D.) RBO Park) John L. Hurst Dr. N OD v Cn rn Entrance Wall (65sf) Lot '1 Hurst Harbor (Padgett, S.D.) "Shell Rock" Entrance Drive (4,541 sf) 89`40'30"E ,15` ntracoastal Waterway.-� 19-41—(15.5) GRAPHIC SCALE �n ( IN FEET) 1 inch = 40 ft ��,•�`�ZN G'.,+� ,,, Hurst Harbor Subdivision - Homeowner's Park PREPARED FOR Hurst Harbor Homeowner's Association Swansboro Township - Onslaw County _ FAL 4 SCALE: 1" = 40' REV: `g DATE: 4/3/13 PROJECT: DRAWN BY-- DKN SHEET: ��— '�r of Minutes HHA 7-29-12 The Hurst Harbor Association Annual Membership Meeting was called to order at 2:30 PM, July 29, 2012, by President Jim Fisher. He distributed and briefly reviewed the following documents: 1. Current Contact list of property owners 2. Summary of Board Actions 8/11-8/12 3. Park Upgrade Financial Status 4. Agenda for today's meeting President Jim reviewed changes in property ownership that had taken place during the previous year due to sale, death or other transfer He then gave a review of the Board activities during the year. He noted that although there had only been two official meetings held the following had been accomplished: 1. Repair of the gate and park landscape after the crash 2. Installation of stop signs 3. New keys to the gate distributed (those who have already lost them see Jim) 4. John Worrell has agreed to be the "Landscape Representative" for the association. President Jim asked that questions concerning specific maintenance items be delayed until that place on the agenda. Treasurer Susan Burkhard reported that the beginning balance for the year 2011-2012 had been $22,519.46, our net liabilities for the year were $8,029.43, leaving a final balance of all assets on 08/06/2012 of $14,490.03. She reported that this balance is primarily last year's assessment $$'s earmarked for the completion of the park/dock/ boat ramp project. All present received a balance sheet showing that our regular expenses - electricity, water, landscape upkeep and insurance — consume nearly all of our income which is fixed at $3,000.00, $100.00 per lot per year. The President called for an attendance. It showed 14 owners present and 7 others represented by verified proxy for a total of 21. President Jim reported that none of the original three bids we had received for replacing/repairing the boat ramp, which ranged from $6,300 to $11,000, were still active. In addition we have learned that the project will require a "major" CAMA permit @$2,000.00 to $2,500.00. John Worrell presented the case for REPLACING the ramp: A safe, functional launch is an asset to the community. We need @60 feet to give us 3 % ft of depth at low, 5ft @ high tide. To do a thorough job will require retaining walls on both sides, as was done in HH North, to protect against wash- out. Prices are subject to change but at present that could cost about $22,000. We have received an unofficial quote from T&L Environmental for $19,550 to $22,000. Discussion followed on design considerations needed to prevent wash out. It was suggested that a performance clause be included in each bid which specifies durability for a specified time and degree. Dan Cooney stated that his son was at one time employed by the NC Dept of Wildlife. His specialty area was piers and ramps. Dan offered his son's services to review our plans. The executive board was asked to continue to gather information, obtain bids and report back. President Jim reported that Wind Dance residents have expressed concern that our dock is not cabled. Discussion followed. Group agreed that designs differ and ours did not require cabling. Doug Padgett requested that his shore and dock crew be allowed to use the park area fo t i tVWporage. in return we will get some of the leftover rip -rap for our shoreline. Approved. APR 15 2013 ,,, __. -- Jeff Turner suggested that Wind Dance residents might be interested in using our ramp/dock in return for a share of the costs. Discussion included liability and supervision issues. Several members went on the record as not in favor. No action was initiated. President Jim presented the proposed Budget for 2012-2013. To meet the expense of a new boat ramp the budget would need to include provision for an additional assessment of $400 - $500 per lot. Scott Johnston moved that the budget be accepted with the specification that the assessment be set at $500. Doug Padgett seconded. Discussion followed. Tom Burkhard noted that we need to increase the annual dues amount as our regular expenses will soon exceed our fixed income. President Jim noted that changing the amount of annual dues requires a change in the by-laws. That subject was tabled for further information. A vote on the Budget passed 21-0. In -person voted by a show of hands. Proxies were polled separately with all indicating in favor. Rick Vanek moved that the Board be empowered to conduct the procedure needed to change the annual dues from $100 to $200 beginning in the 2021-2013. It was seconded by Tom Burkhard and passed unanimously by a show of hands. Nolan Skidmore requested that the community install speed limit signs for the general safety of all residents. The board was empowered to install a 20 mph speed sign. Diane Vanek requested the board to see to the removal of any general "for sale" signs in the vicinity of the entrance gate. Discussion included the observation that such signage increases traffic. The board was so empowered. Delores Worrell introduced the need for additional signage indicating "Private Community". The topic was tabled to be taken up by the Board for further discussion. The slate of proposed Board of Directors for 2012 — 2013 remained the same as 2011— 2012. It was approved by acclamation. The meeting was adjourned at 3:40 PM Respectfully submitted, Sµ....� r � u-•.� G� a.. d Susan Burkhard Secretary, HHA 08/25/2012 Board of Directors 2012-2013: Jim Fisher — President Scott Johnston Doug Padgett Janet Prevost Susan Burkhard John Worrell ,t JxT�'{} iN r ■ yam/ . i "t_ * •i N • z_. 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( �t l ` `_ ♦� <�f b �r - -..� Y'° t r ( inHe `i' T� '��•. ``'''� ` t!(,.'A 1 fa 4. d� .;t'4d�: t e s F '�, ���� •+i i' �' ■_ fr �Ey � ti, Afw v t .1 ,:s t.. ^.:i .• r,y♦` J ��I {r •1 y °{ Foul t r iE it ��, - ry �. ! r ter.;/,��� is • ■• =•( L\�!*r. I c t it r sb 1° ' `rr • "� tba�a�c f "' FoNf s _.. _ Hurst Harbor �.' Hlhs'.♦ ' ���v�-,(yJr y¢. Jp7� r'1r • • 1j'� �..- fisy!.y- T . �J./>>• l.3 i+Ar a:.", ti(60'COJ1 ray , 71 w:: - ++ +� '.e •( SCALE 1:24000 J- .. r; • Yam`. .-: f 1:' < t• 1 MILE J•., ■-ter' o �.'" �' .! "'� �, ••::. �' `•t . 0 1000 2000 3000 4000 5000 FEET . �SQ3 Name: HUBERT Date: 04/12/13 APR 15 ?013 .. Scale: 1 inch.= 2,000 ft. -• Copyright (C) 2M Wopo s{ John L Hurst Drive, Swansboro, NC - Google Maps Page 1 of 1 Goigle To see all the details that are visible on the screen, use the "Print' link next to the map. 02013 Google - httn://maps.google.eom/maps 3/15/2013 MCDE:NR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. Governor Director March 15, 2013 Hurst Harbor Association Andre Webb, Agent 120 John L. Hurst Drive Swansboro, NC 28584 Subject: Request for Permit Modification and Transfer Hurst Harbor Subdivision Stormwater Project No. SW8 920516 Onslow County Dear Mr. Webb: John E. Skvarla, III Secretary On February 27, 2013, the Division of Water Quality received a copy of a CAMA Major Permit application requesting the Division's comments regarding the proposed replacement and extension of the boat ramp for Hurst Harbor Homeowner's Park. The Hurst Harbor subdivision received a stormwater management permit (Certification of Compliance) on February 16, 1990, for the construction of a 31-lot low density subdivision, with each lot limited to a maximum of 6,900 sf of built -upon area. Deed restrictions limiting the built -upon area per lot were placed into Article IX of the covenants and restrictions, which were recorded in Deed Book 971 at Page 412 of the Onslow County Register of Deeds. Please note that the State of North Carolina is a beneficiary of the covenants and has the authority to enforce them. The Hurst Harbor Homeowner's Lot was permitted as a modification to the original 1990 subdivision permit on October 5, 1992 and subsequently modified on April 4, 1997, for 4,696 square feet of built -upon area. Any changes to the built -upon area for the Homeowners Lot will require. a review and approval of the new layout and grading plan in order to assure that the 6,900 square foot maximum has not been exceeded and that no piping has been installed resulting in a direct discharge to SA waters. Please note that Google images appear to show that the amount of built -upon area has increased beyond the permitted 4,696 sf at this site. Specifically, the turn -around area was approved to be 16' x 16', but appears to be much larger now. As part of the modification, all of the built -upon area on the lot must be accounted for. In a separate matter, the Division notes that the current stormwater permit has not been transferred to the HOA. If the subdivision meets the requirements for transfer, then the original developer, Ned. Hurst, Trustee for the Hurst Family Trust, must initiate the permit transfer by completing and signing the Name/Ownership Change form, and submitting the signed form with the original signatures of the developer and the HOA to the Division. The project will be inspected for compliance with the permit terms, conditions and requirements, including the limited built -upon area and piping. The permit modification and transfer must be initiated in order for the Division to approve the proposed boat ramp replacement and extension project. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910 796-72151 FAX: 910350-20M 1 DFNR Assistance: 1-877-623-6748 Internet www.ncwaterquality.org �ne Carolina )WA(ra!! An Equal Opportunity 1 Affirmative Action Employer Mr. Webb March 15, 2013 Permit Number SW8 920516 I have attached copies of all the referenced documents. If you have any questions regarding the permit modification and/or transfer process, please do not hesitate to contact me at (910) 796-7215 or email me at linda.lewis[c.ncdenr.gov Sincerely, Linda Lewis Environmental Engineer III GDS/arl: SAWQS1Stormwater Permits & Projects11992\950516 LD12013 03 letter 920516 cc: Onslow County Building Inspections Barry Guthrie, DCM-Morehead City Wilmington Regional Office Page 2 of 2 NL4R North Carolina Department of Environment and Natural 6tpsources Division of Coastal Management yo c - Pat McCrory Braxton C. Davis Governor Director (0 February 25, 2013 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location Linda Lewis Joanne Steenhuis Division of Water Quality Doug Huggett Major Permits Processing Coordinator John E. Skvarla, III Secretary ECEIVEn pp , 3 Ii ti CAMA/DREDGE & FILL Permit Application Review Hurst Harbor HOA Onslow County, at 100 John L. Hurst Drive in Hurst Harbor Subdivision on the AIWW, near Swansboro. Proposed Project: Proposes to replace and extend an existing boat ramp along with two associated breakwaters adjacent the boatramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 17, 2013. If you have any questions regarding the proposed project, please contact Barry Guthrie, Permit officer at (252) 808-2808 Ext. 213. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attache . Alcaz,/ A 3706-- .5kl D-Q--M, This agency objects to the project for reasons described in the attached comments. SIGNED 0(,C;U _ DATE .3-- ✓ -1.3 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Adon Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Hurst Harbor HOA 2. LOCATION OF PROJECT SITE: 100 John L. Hurst Drive in Hurst Harbor Subdivision on the AIWW, near Swansboro, Onslow County Photo Index - 2006: 39-8061 grid (T6) State Plane Coordinates - X: 2560234.53 Y: 342152.62 LAT 34040.222N LON 77008.274W 3. INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/6/13 Was Applicant Present No 5. PROCESSING PROCEDURE: Application Received — 12/13/12 cc:2/11/13 Office —Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Onslow County Land Classification from LUP — Conservation w/in AEC (B) AEC(s) Involved: Public Trust Waters, Estuarine Waxers, Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — N/A Planned — NIA (F) Type of Structures: Existing Boat ramp, rip -rap, pier, gravel access Planned — Replace and extend boatramp and construct breakwaters (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: 111KINAM41M I) (A) Shallow Bottom 658 fta 252 f12 N/A (B) Open Water N/A N/A 748 fF incorp. (D) Total Area Disturbed: 900 ft2 (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant is proposing to replace and extend an existing boat ramp along with two associated breakwaters adjacent the boatramp. 9. NARRATIVE DESCRIPTION: The 'Hurst Harbor project is located at 100 John L. Hurst Drive, on the Atlantic Intracoastal Waterway (AIWW), near Swansboro, Onslow County. To reach the project site, travel on Hwy. 24. Turn west onto Old Hammock Road and travel 1.1 miles. Turn south(left) onto Hammock Beach Road and travel 1 mile. The project site is located at the intersection of Hammock Beach Road and John L. Hurst Drive. The project site consists of one 0.58-acre parcel and has an average highground elevation of +2 ft. above NHW. The Onslow County LUP classifies this area as conservation within the AEC. The project area is cleared and maintained; vegetation consists of native grasses, shrubs, and coastal wetlands. A narrow band of coastal wetlands exists on site consisting of Spartina alterniora. The project site is bordered by the AIWW and single family residential homes on both sides. The AIWW is approximately 965' across at this location. The proposed structures would be located 370' from the AIWW Federal Channel Setback Line. The bottom is composed of fine sand, with the area disturbed directly adjacent the boatramp being silty sand. The project site is currently used as the boat ramp and launching area for Hurst Harbor Subdivision. Structures onsite consist of a 102' pier and boat ramp. Limited parking is allowed onsite and no slips are provided at the pier. The Division of Water Quality classifies this area of the AIWW as SA-ORW. This area is not a Primary Nursery Area as classified by the Division of Marine Fisheries. The area is open to the harvesting of shellfish by the Division of Marine Fisheries -Shellfish Sanitation. 10. PROJECT DESCRIPTION: The applicant is proposing to remove an existing boatramp and replace with a wider and longer ramp. The existing ramp measures 12' in width and extends 29' below NHW. The proposed ramp would be 14' in width and 60' in total length. The ramp would extend 47' below NHW, 18' beyond the existing ramp footprint. Approximately 10.3 yd3 of material would be excavated to achieve the appropriate grade and water depth for a properly functioning boatramp. The ramp would be constructedusing a coffer dam and poured in place. An area 14 x 47'(658 ft2) would be disturbed below the NHW line for the construction of the ramp. All spoil material would be trucked offsite. Vinyl sheetpile breakwaters are also proposed immediately adjacent each side of the ramp. The breakwaters are proposed to terminate approximately 47' below NHW, the same length as the proposed boatramp. No development is proposed on the highground portion of the project site. 11. ANTICIPATED IMPACTS: The proposed project would result in the disturbance of 658 ft2 of shallow bottom. This area has been previously disturbed, therefore it appears that shellfish impacts would be minimal due to the amount of disturbance directly adjacent the existing boatramp. The proposed boatramp would be located within the area of disturbance of an existing ramp; new bottom habitat disturbances would be expected to be minimal. The construction of the breakwater area would cause the total amount of open water incorporated to total 748 ft2. No coastal or 404 Wetlands would be filled by this project. No upland development is proposed on the project site. �s".H'1'�' '�i.-r7"`tl�:1fl°l� 1•a _i'::��'i'Qfl�'. '�'9t�'� ��PL�Ti"Zi�%�.1�J _i�i9 �� �.� I BOAT RAMP AND BREAKWATER ADDITION HURST HARBOR ASSOCIATION 100 JOHN L. HURST DFm, SWANSBORO, NC ONSLOW COUNTY i loville 1 Hope+7Vldetr�sT �Fmpia 'b"ROrt�'Yit�., N ��# 8rR'&IkE3fQ r• .. .. ' m CRY$off ore (FAarrikt N321 } lob 7�gonj l.y Hann ., • ; ... _ 1 a h hlerr�rnon a 22 ade.. - Matceratal'�c,,o�;ar� !#avela�k � °Atls . Cacte d i°r: North H a_ �ou�k'" - �Seale�rei ome tub act ton .4 ��� ` ` LNorth War Stl1 lot 1+►liilistan a Vim. 70 PROJECT LOCATI t BraBd�C� �.. •: < N TJ k: 4Jae,Marhallbe t p-ogue fitlar►ttG'B�ach '' Swansliorn.»lite,�5 �8ear Path Cre E eratdIter AREA LOCATION Gloucester . f Hark re Island h' • ' N / F DOUGLAS PADGETT, JR. 102 JOHN L. HURST DR. SWANSBORO, NC 28584 PROPERTY LINE PROPERTY LINE N / F HURST HARBOR ASSOCIATION 100 JOHN L. HURST DR. SWANSBORO, NC 28584 N / F WOODARD J. REEVES 103 WIND DANCE LN. SWANSBORO, NC 28584 R i PAREAN - ---------- - - - - - - ----------- r- L EX. RIP- RAP NORMAL HIGH WATER LINE (NHW) EX. DOCKING FAC I LITY 9 2' B 2.5 x - —60 ' T6'-8„ LEGEND NORMAL LOW WATER x2.25 DEPTHS IN FEET NORMAL HIGH WATER RIPARIAN LINE PROPERTY LINE R' TO EDGE - OF AIWW 10' ix2.10 2.o x 2.5 x 2.0 x x 2.10 �-2.5 CCA TIMBER PILING NOTES B -`-PROPOSED CONC. d- BOAT RAMP PROPOSED VINYL I BREAKWATER 60' LONG ON EACH SIDE OF RAMP r -------------------------�--- RIPARIAN LINE EX. RIP -RAP 1. WATER DEPTHS RELATIVE TO NORMAL LOW WATER. 2. TOTAL LINEAR FEET OF SHORELINE IS -90'. 3. WIDTH OF WATER BODY IS - 919'. 4. PROPOSED CONC. RAMP DIMENSIONS 13.5' X 60'. SCALE: 1 "=15' cN 0 0 N / F LEGEND DOUGLAS PADGETT, JR. NORMAL LOW WATER 2.25 102 JOHN L. HURST DR. DEPTHS IN FEET X SWANSBORO, NC 28584 PROPERTY RIPAR IAN--\ LINE LINE NORMAL HIGH WATER •--•--•--- ---------------------- RIPARIAN LINE ------- PROPERTY LINE - - EX. DOCKING FACILITY EX. BOAT RAMP TO BE REMOVED EX. LAYER OF ROCK TO BE REMOVED 14'-10-1/2" PROPOSED EXCAVATION AREA X-SECTION A -A, TYP. SCALE: 3/16"=1 '-O" N / F HURST HARBOR ASSOCIATION 100 JOHN L. HURST DR. PROPERTY SWANSBORO, NC 28584 LINE N / F WOODARD J. REEVES 103 WIND DANCE LN. SWANSBORO, NC 28584 EX. RIP -RAP NORMAL HIGH WATER LINE (NHW) , -A 92' 2.5 x Z.0 2.5 x 2.0 N EX. DOCKING = FAC I L1TY �--A \-EX. CONC. BOAT RAMP (TO BE REMOVED) - -------------- - - - - - - - - - - - - - - RIPARIAN 191, LINE EX. RIP -RAP x 3iR' TO EDGE - OF AIWW 1 0' X2.10 io X x2.10 NOTES ;� 0 0 o 2N flzdz�N 1. 2. WATER DEPTHS RELATIVE TO NORMAL LOW WATER. TOTAL LINEAR FEET OF SHORELINE IS -90'. z 3. WIDTH OF WATER BODY IS - 919'. o �; 4. EXISTING CONC. RAMP v n TO BE REMOVED. s o 5. SEE X-SECTION A -A o FOR AREA OF EXCAVATION. v o SCALE: 1 "=15' N 44' E FAC I DOCKING N G o 0 RAMP LENGTH o 14 EX. CONC. AREA OF BOAT RAMP _ EXCAVATION (TO BE REMOVED) EXISTING RAMP PROFILE ELEVATION SCALE: 1 "=5' NOTE: CONCRETE RAMP PROPOSED CONSTRUCTION WILL HAVE A 4" LAYER OF CRUSHED STONE UNDER A 6" REINFORCED CONCRETE SLAB. RAMP SLOPE IS 8°. 60' TOTAL RAMP LENGTH PROPOSED CONC BOAT RAMP AREA OF EXCAVATION PROPOSED RAMP PROFILE ELEVATION SCALE: 1 "=5' I N MUD LINE EX. DOCKING FACILITY cz z�oz� z O NHW �► NLW inza_ � z O�� MUD LINE z CONC. RAMP TO BE s z o 12"x12" AT END.��'�� �osoo Li V � � Z PROPOSED VINYL BREAKWATER 60' LONG S ON EACH SIDE OF RAMP EX. DOCKING FACILITY 2 x 12 TRTD. TIMBER 0.01 2 x 6' TRTD. TIMBER cif o v TRTD. TIMBER PILING z o SHORE GUARD VINYL 2.5 CCA SHEETING 325 SERIES Elz 5-8" THRU I 14'-0"I- 0BOLT bi o 4 x 6 TRTD. TIMBER > o x —III-III d + d ..y •.• , + • . yf '� ' •d. ? • r ' •' ! + •. f • f • . ~• a .A f -I II 1 Ll,E6lErLl—',r -I 6" 3,000 psi CONC. SLAB z REINFORCED WITH #4 REBAR AT 12 0. C. EAC H WAY. ; z z 4" MINIMUM LAYER OF CRUSHED STONE 2S n �z z � o5�� u�Sz'S z�zoo X—SECTION A —A, TYP. V o o SCALE: 1 /4"=1 ' -0" S Andre Webb 1199 Nine Foot Road Newport, NC 28570 To Whom It May Concern: We are proposing work on the property of Hurst Harbor Association located at 100 John L. Hurst Drive in Swansboro, NC. The proposed work consists of the following: 1. Removing the existing 12' x 44' concrete boat ramp in its entirety, 2. Constructing a new 14' x 60' concrete boat ramp, and 3. Constructing vinyl breakwater walls 60' long on each side of the concrete boat ramp. The proposed boat ramp construction will be a 4" layer of crushed stone under a 6" reinforced concrete slab. It will be constructed using a coffer dam and the concrete will be cast in place. The proposed boat ramp will extend approximately 46'-8" seaward of normal high water. Please feel free to contact me with any questions or concerns at 252-665-4378. Thank You, Andre Webb I': 0CM NP-1 APPLICRION for Major ilevelopwmnt Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additionafpage(s) with names listed. Mailing Address Z0 J7Ojip/ �%li{tea% �W{Vf: PO Box City J pO��/ibr21� State Me - ZIP 8 Country V5,4 Phone No. FAX No. Street Address (if different from above) i! 014-A) ._L T7U1ea ( / �00✓l r� City State ZIP Email 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI ' Last Name AKole Agent/ Contractor 2: First Name MI Last Name Mailing Address L4,7 /`,l rA* /=ram/ 'zo a > PO Box City N6l--1)PO State ZIP / Jh C, 95'70 Phone No.. 1 Z�z' 665 4/ ext. Phone No. 2 - ext. FAX No. . Contractor # Street Address (if different from above) City State ZIP Email L ni Form continues on back> Form ;Page 2 of 4) APPUCA T ICN icr Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # ONS. Lot) /00 J NN L - 14,11-15T 729 Subdivision Name I City State Zip Vile= HARBa 5PAAolS9vA1) /VC 28. e� Phone No. Lot No.(s) (if many, attach additional page with list) qro - it) - 2 3 �6 ext. iv/,g_ a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project W N 17,6 OAK - _- �9�w�✓ d. Name the closest major water body to the proposed project site. c. Is the water body identified in (b) above, natural or manmade? ANatural ❑Manmade ❑Unknown _. A-rAVAUI f. If applicable, list the planning jurisdiction or city limit the proposed e. Is proposed work within city limits or planning jurisdiction? ❑Yes )<No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size -of entire tract (sq.ft.) To. Z�6 ' !.�! 0.58 Acwl 7 = � J, Z6S�z c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or %"A (if many lot sizes, please attach additional page with a list) NWL (normal water level) NHW or ❑NW L e. Vegetation on tract f. Man-made features and uses now on tract �v Ck��G FPS/ G�7i' —eOA1— g. Identify and describe the existing land uses adjacent to the proposed project site. �F S/,r�NN//pL. 7�h%GL4n� 6 h. How does local government zone the tract? t. Is the proposed project consistent with the applicable zoning? S /fir � L (Attach zoning compliance certificate• if applicable) 'lies ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No NA If yes, by whom? 31 I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes No ❑NA National Register listed or eligible property? <Form continues on next page> orm DCNI :bIF- � image :J �r 4; APPLICA flCN i("r Major Development -Permit AV m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? a 5 ONO )CYes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. NoNC- o. Describe existing drinking water supply source. NoN(- p. Describe existing storm water management or treatment systems. 5L-) f4'0 C-6 j-vN ' OFF 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. 11orJae Ir �isr�m�G LA o lveh l 6 F irz/E+iAc of &O-r-s c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Q ,MP %/luGK V cAvo-reX Fog %(Fi�at/�N6 FX/Si�r'6 �aoT d. List all development activities you propose. Co,�„i�lvG /vN aF ,,° /5� �X �a Cavc/1Fr.�C /90a' /ZOi"P A&45 (2) gb l I//AJ1""- �i.o,�i��� wAcCs, o,j e. Are the proposed activities maintenance of an existing project, new work, or both?� f. What is the approximate total disturbed land area resulting from the proposed project? ;'t Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NIA i. Will.wastewater or stormwater be discharged into a wetland? ❑Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No�IA j. Is there any mitigation proposed? ❑Yes ❑No A If yes, attach a mitigation proposal. <Form continues on back> Form. DCM MP-1 (Page 4 of 4) ,'0 APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b, An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. a.• The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name OaaJOR % E(tv¢f Phone No. Address /03 IWIV D,ONa9,0 S"►vS&eo PC Z858"/ Name 7ov61A3 f AP607 Phone No. Address %Po 301 J'06&_C6AA1X 4"t- NC ZG5516? Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates: h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. I I3A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. further certify that the information provided in this application is truthful to the best of my knowledge. Date /0 g'�'"�- Print Name Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information i i F Jan 20 00 01:31 a p.2 Form 0CM MP-2 EXCAVAi0N and FILL (Except for bridges and cutvert$) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project Please include ail supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Rock Other (excluding Channel Canal Boat Basin Boat Ramp Rock Groin Breakwater shoreline (WLW) stabilization l`1tNL Length �� f Width I Avg. Existing �+ NA NA Depth Final Project NA NA Depth !. EXCA VA TIOIY a. Amount of material to be excavated from below NHW or NWL In cubic yards. c. (i) Does the area to be excavated dude coastal wetiandslmersh (CW), submerged aquatic vegetation (SAV), Shen bottom (SB), or other wetlands (WLr If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL Mono (ii) Describe the purpose of the excavation in these areas: N II ❑ This section not applicable fi. Type of maWei to be excavated. ,4N"�' d. Mig.h-ground excavaUan in cubic yards. NAB 2. DISPOSAL OF EXCAVATED UATERIAL OThis section not applicable I a. Location of disposal area. b. Dimensions of disposal area. I i� �� F7 1p CIF -577F 015Po5P4L 1Z x I Z c. (i) Do you claim title to disposal area? []Yes [I No -;2(NA (li) If no, attach a letter granting permission from the owner. e. (I) Does the disposal area *include any coastal wetiands/marsh (GW), submerged aquatic vegetation (sAV), shell bottom (SB), or otherwetiands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV Else OWL one tit) Describe the p rpose or disposal in these areas: d. (1) Will a dispo* aria be available for future maintenance? i]Yes ❑No `r1kA (il) if yes, where? (I) Does the die I include any area in the water? []Yes ❑NoIA (fl) if yes, how much water area is affected? ,Ian 2u uu ui 6ia p.3 F0 UICTIO WIF-2 (Ex•-zs-6d:.ftM and FU', Pa, 2 of 2) 3. S OREUNE STASIiIZAMIV 0kTNss9dkn not appdcable (Ifdeuelopmed fs a wood groin, use MR4 — Structures) j a. Type of shoreline stabilization: b. Length: ❑Bul&head ❑Rtprap ❑BreakwatedShc []Other Width: c. Average distance wsterward of NKW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilisation material: g. Number of square feet of fill to be placed below water level. Bulkhead backtill Rlprap BreakwoteriSlll -- Other - i. Source of flu material. f. (1) Has there been shoreflr* erosion during preceding 12 months? ❑Yes E3No ❑NA (ii) If yes, state amount Of erosion and source of erosion amount information_ h. Type of ill material. 4. OTHER FILL ACTIO/ITSES his section not aptalkable (Excluding Shoreline StabNization) a. Ill WIN lilt material be brounthtto the site? ❑Yes []No DNA b. () Wdl AN material be placed in coastal wetlandsJmarsh (CW), If yes, (I) Amount of material to be placed In fhe water (ii) Dimensions of fill area (v) Purpose of flit Jr. GENERAL submerged aquatic vegetation (5AV), saes bottom (ss), or otherwetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (li) Describe the purpose of the fill in ihese areas: a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, omdrolled? backhoe, or hydraulic dredge)? -PeV(1c6, aFr - SJTte &CAVATOR c. (k) Will navigation4#9 be required as a result of the project? ❑Yes []No LZMA (10 fi yes, explalr,14at type and how they will be implemented, d. (1) WIN we be crossed in transpa *V equipment tQ project site? $aYes ❑No []NA (ii) If yes, explain steps that wiu be taken to avoid or minimize environmenteI impacts. &r-4!/R1'j"pt Wile- 1�Nft4p 11rJ o/� p Applicant Name Project Name Applicant Signsture I,. 1-rJ-"-4MC0-"'T -,- �v_riv.ecre�s .��rnat2�ac_r rt_bc.±i rin-ised! 12;2R61G6 Jan 20 00 01:31 a p.4 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITYfMARINA CHARACTERIS77CS is the docking faciility/marina: )]Commercial ❑Public/GovernMani ©pdvatelCommunity e. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width (v) Floating [-]yes ❑No e. (t) Are Platforms included? Dyes ❑No If yes: (ii) Number (iii) Length (iv) Width (v) Floating []Yes ❑ G Note,: Roofed areas are calculated from &VIr7e dimens/ans. g, (i) Number of slips proposed (ii) Number of slips existing 1. Check the proposed type of siting: [] Land cut and access channel DOpen water; dredging for basin and/or channel []Open water; no dredging required 00ther, please describe: k, Typical boat length: m. CI) Will the facility have tie pilings? ❑Yes ❑No (li) If yes number of fie pilings? This section not applicable b. (1) Will the facility be open to the general public? ❑Yes []NO d- (1) Are Finger Piers included? []Yes ❑No If yes: (Ii) Number (ili) Length (iv) Width (v) Floating ❑Yes ❑No f, (i) Are eontlifts included? Oyes DNo if yes: (u) Number (iii) Length (iv) Width h. Check all the types of ser%Ices to be provided. ❑ Full service, including travel lit and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage Cwet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat remp(s), number of boat ramps: ❑ Other, please describe: j, Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I, (1) Will the facility be open to the general pubic? []Yes []No Jan 20 00 01:32a p.5 2. DOCKING FACILITYWARM OPERATIONS ` Thus section not apploWe a. Check each of the following sanitary facilities that wilt be included in the proposed project_ ❑ pfeoe Toilets 0 Toilets for patrorie: Number: Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Deserfbe treatmenttype and disposal locallon for all sanitary wastewater. c, Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be c orttrolled? e. (1) Give the location and rx,mber of "No Sewage Dlscltarge' signs proposed. (UP) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, If appGcatNe, for containIN industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and 'No Wake signs proposed- L Give the location of fuel -handling faciMs, and describe the safety measures planned to protect area vmW quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. if this project Is an expansion of an existing marina, what types of services are currently provided? '1�5?•�,-? R r'i �, f- iSa^o-!#t":Bb'.'! S?',a st%v<:�r.,ccsast.:€r._�n_-;FL �s�.:x, + nT--A- ed: 12i27)S3Q Jan 20 00 01:32a i"0. sirs- LtiyiLcd;R list+s (S&7u tag -'Gs, Pac.& 3 ;3s 4•,` m. is the madnaldocking facility proposed within a primary or secondary nursery area? ❑Yes ©No n. Is the +narinaldodcing facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. []CW ❑SAV ❑SI3 ❑WL ❑None p. Is the proposed madnaldoeking facility located wittfm or within close proximity to any shellfish leases? Cayes ❑No If yes, give the name and address of the leaseholder(s), and give the proximityto the lease. 3. BOATHOUSE (+nckiding covered lifts) - ,This section not applicable a. () ls-the boathouse sti ucture(s): ❑Commercial ❑PublidGovemment ❑PrivatelCommunity (r) Number CM) Length (v) Width Note. Roofed areas am calculated from dripflne dimensions. 4. GROIN (e.g., wood, sheefpile, etc. it a rock groin, use MP-2, Excavation and Fill) P5P& section not applicable a. (I) Number (ii) Length (ia) Width F5. BREAKWATER (e.g., wood, sheetpr7e, etc.) ❑This section notapplicable a. Len Q � b. Average distance from' NWL, or wetlands -110 . a Maxlmum distance beyond, NWL or wetlands !o 6. MOORING PILINGS and BUOYS is section not applicable a. Is the slructure(s): b• Number 0100mmerdal ❑PubliclGovemmeril ❑PlivatelCommunity o. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note. TWa should be measured from marsh edge, ifprssent e. Arc of the swing 1"te. =''a* :wi.+�k+a.�.a : i:U s_rf Jan 2U UU U'1: 3Ca p.7 7. GENERAL a. Pnaxlmity of shwture(s) to adjacent riparian property lines Note: For buoy ormooring pNng, use arc of awing lnafudFng length of vessel. c. Width of water body r,-6E6Si a. (1) Will navigational aide be required as a result of the project? OYes ONO NA 01) If yes, explain hat type and how they will be Implemented. b. Proximity of structure(s) to adjacent docking facilities. poae ry E.c5-r 17 d. Water depth at waterward end of structure at NLW or NW L ,�.. —Z,S le E1-:1 04 80{j leamP 8 OTHER ❑rriisseWon not appNcable a. Give complete description: !Z - 9-1 Z. Date Project Name ,I j Z'�t �tJ Applicant Nome Applicant Signature 232-8 -2808 :9 3-8984RCOA-ST :: fjw+ror. kc xqkPL hma s Lewis,Linda From: Lewis,Linda Sent: Wednesday, July 06, 2011 11:53 AM To: Guthrie, Barry Subject: Hurst Harbor North SW8 900223 Barry: I don't have any comment on the proposed project. Since the boat ramp extension occurs waterward of the existing ramp, there is no new BUA or high ground development, so there is no stormwater permit required. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Beverly Eaves Perdue Governor June 16, 2011 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Location: Proposed Project: m 1a NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management 3 �j James H Gregson 22V Dee Freeman Di or �,.Q � �� ^ �' Secretary ``A o . 9� � 4�1 r�'� a'� _ xvED � JUN 2'1 2011 Linda Lewis Division of Water Quality — Stormwater Doug Huggett Major Permits Processing Coordinator CA C,VDREDGE & FILL Permit Application Review Hurst Harbor North HOA The project site is located between lots 9 and 10 at the terminus of Harold Ave., Hurst Harbor Nth Subdivision, Swansboro, Onslow County. The applicant is proposing to extend an existing boat ramp along with two associated breakwaters adjacent the boat ramp. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 07/07/2011. If you have any questions regarding the proposed project, please contact Barry Guthrie at (252).808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED idrla.� DATE—(O " ��lf 400 Commerce Ave., Morehead City NC 28557-•3421 NO e CarQhna Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net / An Equal Opportuniy\AffirmativeAction Employer �lVathj lb" DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Hurst Harbor North HOA 2. LOCATION OF PROJECT SITE: Between lots 9 and 10 at the terminus of Harold Ave in Hurst Harbor North Subdivision, near Swansboro, Onslow County Photo Index - 2006: 33-6542 grid (P5) State plane Coordinates - X: 2560234.53 Y: 3421-52.62 Rover: JJ042113A LAT 34040.541N LON 77008.195W 3. INVESTIGATION TYPE: CAMA,.D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/16/11, 4/21/11 Was Applicant Present —Yes, No PROCESSING PROCEDURE: Application Received — 4/13/11 cc:5/25/11 Office — Morehead City SITE DESCRIPTION: (A) Local Land Use Plan — Onslow County Land Classification from LUP — Conservation w/in AEC (B) AEC(s) Involved: Public Trust Waters, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — N/A Planned — N/A (F) Type of Structures: Existing — Elevated boat ramp, bulkhead, pier, gravel access, two breakwaters Planned — Replace and extend boatramp and breakwaters (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: (A) Shallow Bottom 233 ft2 N/A N/A (B) Open Water N/A N/A 1,240 ft2 incorp. (D) Total Area Disturbed: 17,753 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant is proposing to extend an existing boat ramp along with two associated breakwaters adjacent the boatramp. 9. NARRATIVE DESCRIPTION: The Hurst Harbor North project is located at the terminus of Harold Avenue, adjacent to Foster Creek, near Swansboro, Onslow County. To reach the project site, travel on Hwy. 24. Turn west onto Old Hammock Road and travel 1.1 miles. Turn south(left) onto Hammock Beach Road and travel 0.8 miles and turn east(left) onto Harold Avenue. The project site is located between 117 and 119 Harold Avenue. The project site consists of one 0.41-acre parcel and has an average highground elevation of +3 ft. above NHW. The Onslow County LUP classifies this area as conservation within the AEC. The project area is cleared and maintained; vegetation consists of native grasses_ shrubs, and coastal wetlands. A narrow band of coastal wetlands exists on site consisting of Spartina alterniflora and Juncus roemerianus. The project site is bordered by Foster Creek and single family residential bomes Hurst Harbor North Page: 2 on both sides. Foster Creek is classified as SC and is approximately 922' across at this location. The bottom is composed of fine sands and silt, with the area disturbed directly adjacent the boatramp being silt. The project site is currently used as the boat ramp and launching area for Hurst Harbor North Subdivision. Structures onsite consist of a 105' pier, elevated boat ramp with breakwaters, and an access driveway. No parking is allowed onsite and no slips are provided at the pier. The elevated ramp is constructed out of wooden timbers with concrete ramp. State'major permit #133-92 was issued in 1992 to construct the original Hurst Harbor Subdivision. Major Permit #62-96 was issued on May 2, 1996 for the construction of the existing elevated boat ramp, pier, and shallow bottom excavation. The Division of Water Quality classifies this area of the Foster Creek as SC waters. This area is not a Primary Nursery Area as classified by the Division of Marine Fisheries. The area is closed to the harvesting of shellfish by the Division of Marine Fisheries -Shellfish Sanitation. 10, PROJECT DESCRIPTION: The applicant is proposing to remove and regrade 10' of an existing concrete boatramp and extend the structure 12' waterward. Final dimensions for the concrete ramp would be 10.7' x 40'. The ramp would extend approximately 65' below the NHW contour. Approximately 4.3 yd3 of material would be excavated to achieve the appropriate grade and water depth for a properly functioning boatramp. An area 10.7' x 22' (233 ft2) would be disturbed below the NHW line. This area has been previously excavated by authority of the major state permit #62-96. All spoil material would be truck offsite. Vinyl sheetpile breakwaters are also proposed immediately adjacent each side of the ramp. The breakwaters are proposed to be extended 12' on each side of the ramp and be constructed of vinyl sheetpiles. The breakwaters would terminate approximately 30' beyond the waterward extent of the adjacent coastal wetlands and 62' below NHW. No development is proposed on the highground portion of the project site. 11. ANTICIPATED IMPACTS: The proposed project would result in the disturbance of 233 ft2 of shallow bottom. This area has been previously disturbed, therefore it appears that shellfish impacts would be minimal due to the amount of disturbance directly adjacent the existing boatramp. The proposed boatramp would be located within the area of disturbance of an existing ramp; new bottom habitat disturbances would be expected to be minimal. The expansion of the breakwater area would cause the total amount of open water to be increased by 128 ft2 totaling 1,240 ft2. No coastal or 404 Wetlands would be filled by this project. No upland development is proposed on the project site. Barry Guthrie Moreh_ -ad City June 8, 2011 !".M MP•1 APPLICATION for Major Development 1`81"Mit APR _ (last revised 12127106) North Carolina DIVISION OF COASTAL¢,ENT 9. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) LA �:I:: oA Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State s • V �c ZIP Country Phone No. J/ FAX No. �J lopsex w OO - 3Z6 �J/ 7C DZext. - - Street Address (if different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Tv9AJt41Z /19�RiNIF Ca Agent/ Contractor 1: First NNaamee MI' Last NNaamme /� lo Agent/ Contractor 2: First Name MI Last Name Mailing Address o rux 088� PO Box /88s City /s/W//d/7P err- State N� ZIP Z95� 0 Phone No. 1 Phone No. 2 ZJ � - �� " 7 ?7, ext. - ext. FAX No. Contractor # Street Address (it different from above) City State ZIP Email V <Form continues on back> Form DCNI MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location RECEIVED County (can be multiple) Street Address States Rd. PR # 13 2011 0iy Ga*/ .L� !.� Ro4p idi/F�vvE Subdivision Name ilegoa f City S�.awS19oA5 State I IL16 Zip 2" Phone No. Lot No.(s) (if many, attach additional page with list) eD - 3Z6 - 15'02 ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project PRI PF OAlc c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. atural ❑Manmade []Unknown &VAJ e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Yes . ❑No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 660 su 14C0 s c. Size of individual lot(s) i 1A _/�, d. Approximate elevation of tract above NHW (normal high water) or P, NWL (normal water.levei) —YwHW (If many lot sizes, please attach additional page with. a list) or ❑NWL e. Vegetation on tract f. Man-made features and uses now on tract g. Identify and describe the existing land uses adjacent to the proposed project site. .�ESIDIE�vTio� ��CCiivG h. How does local govemment zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) iPewj��e c� 71 as ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? .0Yes/PJNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes o ❑NA National Register listed or eligible property? . <Form continues on next page> Form DCM MP-1 (Page 3 of 4) AYYL1UA1 iUN for ` Major Development Permit M. (i) Are there wetlands on the site? yes ❑No (ii) Are there coastal wetlands on the site? ` Yes []No �J (((❑Yes (iii) If yes to either (i) or (ii) above, has a delineation been conducted? No (Attach documentation, if available) PeEfVED n. Describe existing wastewater treatment facilities. NIX APR 1. 3 2011 o. Describe existing drinking water supply source. DCM-M= Cffy Ivs/4 p. Describe existing storm water management or treatment systems. Sv, wc- %eworr 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government . Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. AoN°o C. Describe the proposed construction methodology, types of construction a uipment to be used dun construction, the number of each type of equipment and where it is to be sloredpe d. List all development activities you propose. raves—rNb Prof PtoGo.—� ,a,,,� �X �N� / Z � l�v/�NFi� . ��"% F�,,v .�fi �CXi S�N� � a✓ Fiz<,/ S/Df• aF /favi R.o.�iP /Z � d'u�T/rt� �Sh�wA�7 e. Are the proposed activities maintenance of an existing project, new work, Lor both? If. What its the approximate total disturbed land areajj%ssuiting from the proposed project? CQSq.Ft or ❑Acres `r` g. Will the proposed project encroach on any public easement, public accessway or other area ❑Ye o [-].NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. MIA i. Will. wastewater or stormwater be discharged into a wetland? ❑Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No _�4A j. Is there any mitigation proposed? ❑Yes ❑No A If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION Tor Major Development RECEMW 6. Additional Information p in addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for A+ a PLAo2Qll package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. D'Cny b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present staius of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e.. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name 17paw%A tuo# t -4Q Phone No. Address ( 17 10it"D 5��,�SBt,2x} MC- ZW&'y Name p,;, IM16 ! _ Phone No. Address 0 vG p livif 5�.i4i1/. &'W /V C. 2RS'$y Name Phone No. Address Q. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dales. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 3-15"Ilz Print Name 4'weer Signature Please indicate application attachments pertaining to your proposed project. %DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development �7CM MP-4 Structures Information 0 Form DCM MP-2 RECEI VID EXCAVATION and FILL (Except for bridges and culverts) APR 13 2011 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other secttiio�ns of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 2 z Width d r r/ Avg. Existing — 0• NA NA Depth Final NA NA Depth "'�� 1. EXCAVATION ❑ This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic.vegetatign (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL done (ii) Describe the p pose of the excavation in these areas: N /A d. . High -ground excavation in cubic yards. N7"- 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section, applicable a. Location of disposal area. b. Dimensions of disposal area. lac a ip O'%I: - SIiC pistomme' c, (i) Do you claim title to disposal area? ❑Yes ❑No'XNA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WI �4 (ii) Describe the p pose of disposal in these areas: d. (i) Will a disposal rea be available for future maintenance? [:]Yes❑No A (ii) If yes, where? . f. (1) Does the disposal include any area in the water? ❑Yes ❑No > VA (ii) If yes, how much water area is affected? 3. SHORELINE STABILIZATION This sect*WaWo (If development is a wood groin, use MP-4 Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabillzation material: g. Number of square feet of Till to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other I. Source of fill material. b. Length: ►irR A pD 1* 201� Width: d. Maximum distance waterward of NHW or NWL: DCM-MfD CnV f. (1) Has there been shoreline erosion during preceding 12 months? [--]Yes [--]No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of Fill material. 4. OTHER FILL- ACTIVITIES This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the fill in these areas: 15. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe,.or hydraulic dredge)? Tlduc, l�� F - S/ir✓ fX44KAi09 C. (i) Will navigationids be required as a result of the project? d. (1) Wil etlands be crossed in transporting equipment to project, ❑Yes ❑No NA site? Yes ❑No ❑NA (ii) If yes, explain what type and how they will be implemented. (ii) If y , explain steps that will be taken to avoid or minimize environmental impacts. LCIEV044A. 1 4off" Date Applicant Nam Project Name Applicant Signature Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) RECEIVED APR 13 2011 DCM-MRD CrIT Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. f. ®(7CK1NG FACILITY/MARINA CHARACTERIST.CS :. Thrssectronriotapplica. .bl a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? []Commercial ❑Public/Government ❑Private/Community ❑Yes ❑No c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No e. (i) Are Platforms included? []Yes []No If yes: (ii) Number (iii) Length (iv) Width (v) Floating []Yes El No Note: Roofed areas are calculated from drlpllne dimensions. g. (1) Number of slips proposed (ii) Number of slips existing I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? (--]Yes ❑No (ii) If yes number of tie pilings? d. (i) Are Finger Piers included? []Yes ❑No If yes: (ii) Number (iii) Length (iv) Width _ (v) Floating []Yes ❑No f. (1) Are Boatlifts included? ❑Yes []No It yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips'l only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (1) Will the facility be open to the general public? []Yes ❑No �rx�7�-��•!O"���X�� +'u j'�,�3.']•"'l�ls i. :��� +in �c�i�n:���:''i�.,'�J''�`v�.'7����5���''.�s'�r�i •����`',::i�a��A 'ra��:J yr.,ia ��..G 1.1 r�s v ❑ Showers RECIEUVED ❑ Boathokfing tank pumpout; Give type and location: 9 b. Describe treatment type and disposal location for all sanitary wastewater. APR !� 2011 DCM ]M CnT c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. . (i) Give the location and number of "No Sewage Discharge" signs proposed. (11) Give the location and number of Tumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing marina, what types of services are currently provided? 252-803--2608:-11-83,154 zC{3A37::" r�ivls-& 92127i0i m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No o. is the manna/oocKing tacility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (5AV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB MM OWL ❑None APR 13 701i p. Is the proposed marina/docking facility located within or within close proximity to -any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. DCU-MHDCJTY 3'. BOATHOUSE 'including coveredNfts) Tbis'sectlon otapplrcable. a. (i) is the boathouse structure(s): f �� ❑Commercial ❑Public/Government ❑Private/Comm unity (ji) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e . wood;.: sheetpile,:::ete Ya rock:groin;-Liss.MP 2`EXcavation and.:Flli.) -This-secdon nofapplicable a. (i) Number (ii) Length (iii) Width rA7LR.re:g::�: wood; sliaetpile,. a#c;) a. Length Z%7 " c. Maximum distance beyond NHW, NWL or etland -30 r b. Average distance from NHW, NWL, iO / section; 6. MOORING..PICINOS: and..BUOYS his section: not apOicabie a. Is the structure(s): ❑Commercial ❑Public/Government ❑Pdvate/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Are of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-30i3-2308 :: 1-8':ij-4i'IC0�, T ;. �m4 7asst z lam ia_qamea. t..zf io AssJ: 12;..7 GCS c. Width of water body e. (1) Will navigational aids be required as a result of the project? []Yes ❑No alQ4NA (ii) If yes, explain hat type and how they will be implemented. -a. Give complete descrip'tiort: , L ;:Gate is ,.. Y .: �•i .:, _ -- . >; � _— Pro ect:tUame.=. ... j- - Applicant: Na a Applicant:' ignature.y.:LA i=5�ii:rJ' iW'IY'�.�C•IIGCt'� � • yX:T� �I��.'�'.���"�w"&.it� ���:I�'ir� -� i� d. Water depth at waterward end of structure at NLW or NWL 0 90 aT W*p APR 13 2011 1DCM-MHD CTi Y 242-2- 3-Z3'3S : 1-Y=3 '1PzO " :; y,uv4v x:aa:?a' aensn*.x�a, rs°mi a:i:: yr � Turner Marine Construction APR 13 2011 PO Box 1885 Morehead City, NC 28557 DCMBD My To Whom It May Concern: We are proposing work on the property of Hurst Harbor North Home Owners Association (HOA), located at the End of Harold Avenue in Swansboro, NC. The purpose of the project is to gain water depth at the end of the boat ramp. After the project is complete we will have gained 1' of water at the end of the boat ramp. The proposed work consists of the following: 1. Removing and replacing 10' of the existing concrete boat ramp, 2. Extending the concrete boat ramp 12' seaward from the end of the existing concrete boat ramp, and 3. Extending the existing breakwaters which run down each side of the existing boat ramp 12' seaward. Please see enclosed drawings for further details.We appreciate your time and consideration on this project. Thank You, Andre Webb Turner Marine Construction 6 BOOK 15)3 b phu 491 THIS DOCUMENT PRESENTED TO TnnAr UNSLOW COUNTY TAX Urri" Prepared by: WARLICK, MILSTED, DOTSON QAVk4,k= CLERK., Parcel-tJo Hail to: Hr. Stephen Olmstead, Jr. 107 Harold Avenue Swansboro, NC 28584 � U WARRANTY DEED ra_mns - NORTH CAROLINA ONSLOW COUNTY THIS DEED, made this 4_4�L day of 6, 1998, by and between The Gertrude Hurst Trust by its Trustees: Venice H. Cook, Harriet Hurst Turner, John H. Hurst and Leandra V. Hines, hereinafter referred to as Grantor, and the Hurst Harbor North Association as provided and created in restrictive covenants recorded in Book 1213, Page 601 in the Office of the Register of Deeds of Onslow County, North Carolina, hereinafter referred to as Grantees; WITMESSETH: That the Grantor, for a valuable consideration paid by the Grantees, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and Convey unto the Grantees, their heirs and assigns, in fee simple, all that certain lot or parcel of land situated in Swansboro Township, Onslow County, North Carolina, and more particularly described as follows: BEING that lot designated as "Homeowner's Park", lying between Lots No. 9 and 10 as shown upon plat entitled "revised map of Lots 5 through 18, in Hurst Harbor North" dated March 14, 1995, and recorded in Book 32, Page 42, Slide I-30 in the Off Ice -of the Register of Deeds of Onslow County, North Carolina, said recorded plat being incorporated herein by this reference for the purpose of providing a particular description. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantees, their heirs and assigns in fee simple. And the Grantor does covenant that it is seized of the premises in fee simple, and has the right to convey the same, that the same is free and clear of all encumbrances, and that it will warrant and defend the title herein conveyed against the lawful claims of all persons whomsoever. APR 13201, DM.WZ Crrr _ _ look 1538. Pave 491. File Rmther BOOK 15 3 8 PAGE 492 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day and year first above written. THE GERTRUDE HURST TRUST BY : / �_ _ VENI H. COOK, (ust�ee (SEAL) BY : EAL IF.T NUR TURNER, Trustee BY (SEAL) ULDRA UR. , Tru LteeBY.(SEAL, V. HINES, Trustee STATE OF NORTH CAROLINA ONSLOW COUNTY I' L� 0•'john-'n^ , a Notary Public in and for said County and State do hereby certify that VENICE H. COOK, Trustee for The Gertrude Hurst Trust, personally appeared before me this day and acknowledged the execution of the foregoing instrument. of wi nes my hand and official stamp or seal, this c QY , 1998. " ,uutmM114% Notary Public N. M commission expires: ��fNOtA,gy a y t �k xe SEAL STATE STATE OF N C COUNTY OF�yM I, __ �i�a�( ► Mc Ci1i r a.� , n Notary Public in and �•'•""�s�;r'�.,`. for said county and State do hereby certify that HARRIET HURST TURNER, Trustee for The Gertrude Hurst. Trust, personally ,.••.......,. P �;• �T`1j4::�r: appeared before me this day and acknowledged the execution of the foregoing instrument. Witnes my hand and official stamp or seal, this da -:�•'::A;:.:``4i of �C4F�n3P� , 199B." Y CCU°{i•�' L_ i AIL C �''•••.....••'"`�` No r Public My ommis ion expires: ' �t�nr � APR 13 2011 1DCM-IViFiU cn y Book 1538. Paae 491. File Number BOX 1 �i o Nacc J 3 STATE OF NORTH CAROLINA ONSLOW COUNTY I, - 4 !i►J a Notary Public in and for said County and State do hereby certify that JOHN H. HURST, Truster for The Gertrude Hurst Trust, personally appeared before me this day and acknowledged the execution of the foregoing instrument. fitness my hand and 8�off ic a�l istamp of seal-,, this ocd of , 199 Q-A� Hs COUNTY OF 1, L-t SSR 1 . Lc1t0RR-eXSz _, a Notary Public in and for said County and State do hereby certify that LEANDRA V. HINES, Trustee for The Gertrude Hurst Trust, personally appeared before me this day and acknowledged the execution of ""t4e foregoing instrument. 4141, '.•;, Witness my hand and offi i stamp or seal, t i 1� day pf;1998 71 i a— , , Note y ublic .}iY14Aaeisjion expires: L3 STATE OF NORTH CAROLINA ONSLOW COUNTY I The foregoing certificates) of SANDRA N. JOHNSON, BLAKE MCMURRAI 6 LESA T..EDWARDS „_is (are) certified to be correct. This instrument was presented for registration this _jLa„+_ day of _wvrI , 1998 at 3:08 &.1U, P.M., and duly recorded in the office of the Register of Deeds of Onslow County, North Carolina, in Book r.y�g_, Page This the 8th day of APRIL , 1998. REGISTER OF DEEN ASSISTANT, DEPUTY REGISTER OF DEEDS APR a 3 2011 DCM M-M Cny Book 1538. Pace 491. File Number S �F�E Ir i. -zMa 1 :4.- N. •I c•„ruunw.Ny An L 4, tioe 0 N9�41r�r1N •y ' G C•6:J C.I ❑ 1 T E ifid � r ' IFves?�sji! Jos Y s a 1 3 E Y^� - sll t�Y t g7Gy'.i. As . -H 1!fnO ,x9/N84 � N �e 5y os p N g bo � �� r-- a � � ,00 •0r_ b 3.00 311 cGZ s O� Q 1 V r r ^ AN "K 0 1>n;ll ¢p My �� � � ✓r' APR 201, h<.. . DCM MM cUY tR � 'H o ® c OC]I ° Oi'❑n 1 S 9 �•wa .. t w 0 SOl Fr •.iiL 11. ypi �, y1pY p�1 ��rf 0 BOAT RAMP AND BREAKWATER EXTENSION HURST HARBOR NORTH HOA --. HAROLD AVENUE, SW-ANSBORO, NC... isper earor�' ONSOLOW CO' ^NTY 01P nq Hope F h �slc �B 3i r. andemere y, ribel � r A ' Pamhoo Reel a,p __ stonewall w dgs t:,.tGrantsboro1600, Af :s Cs€ ;t `,,Ss�ttstore Merrstt� 4329 r ortansullle�'+ a ..o,.. nh�r� � � 55 � Pamlioo Thurman -' +Oriental - .yIle !' J+ Carteret Carteret Iliston REJECT LQCi4Tl0��Widwood .17*arshallberg -XroWWe..-.—,B�aufort « Morehea •tasty Gloucester Bo ue Atlantic Beach Swansioro • 9 4Flarkers Island Cape Carteret +Salter Path �` - C .P-atnt �' aLop%bJt.l��.'ai� a8ear Cre .. Emerald Isle. AREA LOCATION APR 13 2011 DCM MHD Crry NOTES 1. WATER DEPTHS RELATIVE TO NORMAL LOW WATER. Z. TOTAL LINEAR FEET OF k k k k SHORELINE IS N99. i 1 k 1 RIPARIAN LINE PAMELA MAROON r ____----r- 117 HAROLD AVENUE k k k k k . LEGEND NORMAL LOW WATER DEPTHS IN FEET NORMAL HIGH WATER RIPARIAN LINE PROPERTY LINE COASTAL MARSH SWANSBORO, NC 28584 -t k=_'r k k �— T kkkkkk ik k56' k 29 EX. BREAKWATER 1 25' LONG EACH SIDE TIMBER CONC. PROPERTY ,BOAT RAMP BOAT RAMP X o.5 X 2.15 X 2.o X 2.25 LINE '(o k CONC. k k k N/ F DRIVEWAY k k k k EX. DOCKING HURST HARBOR NORTH HOA k FACILITY HAROLD AVENUE SWANSBORO, NC 28584 --EX. SEAWALL ,� k 106' tl 1 k k k Ic k k k k Ic k t k k k k k COASTAL NORMAL HIGH WATER MARSH APR 13 2011 X� CITE / r k k k k k k k k k k k k —IL PROPERTY �__-�- �`'� k k k k k RIPARIAN 7 LINE LINE k k k k k k k k k k k k k k k rr k k k N / F k k k k k W.D. MILLS. JR. k k k k 119 HAROLD AVENUE k k k k k k k k SWANSBORO, NC 28584 t k k k k k t k k k k k k k k k k k k SCALE: 1"=20' k k k k k k k t e le Ie Ic Ic k IC Ic '1 k k k Ic O N N z 0 0 v z x RsczATD NOTES i 1: WATER DEPTHS RELATIVE 11 TO NORMAL LOW WATER. , 2. TOTAL LINEAR FEET OF SHORELINE IS -991 . RIPARIAN N/F PAMELA MAROON SWANSBOROLDNCVENUE 28584---- APR IS 2011 LEGEND NORMAL LOW WATER X2Q DEPTHS IN FEET - NORMAL HIGH WATER •--•--•--•• `� RIPARIAN LINE - - - - - - - - . PROPERTY LINE 0 COASTAL MARSH REMOVE & REPLACE 10' OF EX. CONC. RAMP PROPERTYJ j FROM WATERWARD END TOWARDS SHORE LINE 56'-2" EX. BREAKWATER 25' ON EACH SIDE PROPOSED EXTENSION 12'ON EACH SIDE. PROPOSFD 12' EXTENSION TR OF CONC. RAMP .�, - _ ._m I CONC./j DRIVEWAY I EX. SEAWALL I 4 N / F I HURST HARBOR NORTH HOA i HAROLD AVENUE SWANSBORO, NC 28584 I NORMAL HIGH WATER i 1t f I M COASTAL MARSH CONC. BOAT RAMP 0 1.5 EX. DOCKING FAG! LITY x 2.15 X 2.0 �I I SCALE: 1 "=10' x� i1! Q � � o V o x2.25'��� � o � Q�\__ z iLEC;E3i�T�` EX. DOCKING FACILITY L MUD LINE UD LIN NOTE: CONCRETE RAMP PROPOSED CONSTRUCTION WILL HAVE A 6" LAYER OF CRUSHED STONE UNDER A 5" REINFORCED CONCRETE SLAB. EX. DOCKING FACILITY 12 DCM-MHD MY 56'-2» 8II;v- M ■ II z � II TIMBER BOAT RAMP CONC. BOAT RAMP i i Z EX. SEAWALL i I Q REMOVE & REPLACE 10 OF EX. CONC. RAMP INA FROM WATERWARD END TOWARDS SHORE "' II � EXISTING RAMP PROFILE ELEVATION SCALE::1 "=5' o 6g oa 10 I I II r+� ZN z TIMBER CONC. BOAT RAMP II BOAT RAMP EX. SEAWALL REMOVE & REPLACE 10' OF EX. CONC. RAMP FROM WATERWARD END TOWARDS SHORE Ii � PROPOSED 12EXTENSION II o �z � o z z o OF CONIC. RAMP u��o� mono PROPOSED RAMP PROFILE ELEVATION SCALE: 1 "=5' S (Page 1 of 6) Doc ID: 004320480006 Type: CRP Recorded: 04/23/2008 at 02:20:05 PH Fee Amt: $29.00 Page 1 of 9 O.nelae &ountY. NO Maryland K. Washington Rep. of Deeds BK3053 Po364-369 HURST HARBOR ASSOCIATION AMENDMENT AND RESTATEMENT OF 8Y-LAWS 2008 THIS DECLARATION OF BY-LAWS is made in accordance with the intent of the Restrictive Covenants, and as amended, for Hurst Harbor, lot numbers 1 through 30, inclusive, recorded in Book 971, Pages 409-418, in the Office of the Onslow County, N.C. Register of Deeds. This document supercedes any previous Amendments or Restatements of the By -Laws. ARTICLE I NAME AND LOCATION - The name of this non-profit organization is the Hurst Harbor Association, hereinafter referred to as the "HHA". Official meetings of the HHA will be held at places designated by its Board of Directors, hereinafter referred to as the "BOD". ARTICLE II DEFINITION OF TERMS: 1) The term "Park" shall refer to that area as designated by deed recorded in Book 1240, Page 902, in the Office of the Onslow County, N.C. Register of Deeds, and shall be owned collectively by the HHA. 2) The term "Owner" shall refer to the deeded owner of record (i.e., name must appear on deed as having lawful title) of a particular lot. 3) The term "Assessment" shall refer to the amount of money owed by each owner for HHA expenses shared in common in accordance with the Restrictive Covenants. ARTICLE III MEMBERSHIP RIGHTS AND RESPONSIBILITIES. 1) Each property owner shall be a member of the HHA. Each lot shall be allowed only one vote (except when electing Directors, as specified in Article VI, Section 2.) and one assessment. 2) Each member shall be entitled to the use and enjoyment of the Park, and may delegate such rights to those residing in their residence, as well as guests when accompanied by the member. Members and their accompanied guests are all subject to the Park regulations as reflected in the Restrictive Covenants. Failure to observe these regulations will result in suspension of future Park privileges for the member(s) involved. ARTICLE IV MEETINGS OF MEMBERS: 1) Annual Meetings - An annual meeting of the members shall be held in July, or as deemed necessary by the Board of Directors. Notice of this annual meeting shall be dlstrihi--Imd by the Secretary at least 30 days prior to 2) Special Meetings - The President may call a Special Meeting of the membership when deemed necessary. Notice of special meetings shall be distributed by the Secretary at least 10 days prior to the occurrence of such meeting, providing each member with the date, time, location and purpose of the meeting. Book: 3053 Page: 364 Eeq: i (Page 2 of 6) Page 2 3) Quorum - In accordance with the Restrictive Covenants, a quorum shall consist of 16 lot owners either present or represented by proxy. 4) Majority Vote - A mcijarity vote needed to conduct HHA business shall be at least 9 lot owners of those representing the quorum. 5) Proxies - A proxy document will be prepared and filed with the Secretary at least two days in advance of a called meeting. Any such proxy shall be considered to be revocable and will automatiely cease upon conveyance of ownership. ARTICLE V BOARD OF DIRECTOR5: 1) Number The affairs of the HHA shall be managed by a six -person Board of birectors composed of members, and consisting of a President, Secretary, Treasurer and three Members At -Large. 2) Term of Office - At the annual meeting, the membership shall select the required six Directors to serve for a term of one year. HHA Directors may serve as many terms as they are elected by the membership. 3) Removal - Any Director may be removed from the Board with or without cause by a majority vote of the membership. in the event of death, resignation or removal from office, a successor shall be named by the remaining Board members to serve until the next annual meeting. 4) Compensation - No Director shall receive compensation for arty service he may render to the HHA in his capacity as a Director. 5) Taking Action Without A Meeting - Although the Directors will normally assemble to conduct business, they have the right to take binding action absent such meeting provided they obtain written approval by all Directors for such action. ARTICLE VI NOMINATION AND ELECTION OF DIRECTORS: 1) Nomination - Nomination for election to the six -person Board shall be made by members of the HHA, by presentation to the HHA Secretary at least two (2) days prior to the Annual Meeting. 2) Election - Election of the Board of Directors shall be by secret ballot. Only properties in good standing shall have the right to vote. Any one person representing each property, designated by ownership or by proxy, shall be allowed to vote. Each property shall be allowed a maximum of six (6) votes, representing the six (6) Board positions to be filled; however, no individual nominee shall receive more than one (1) vote from each property. Those members receiving the highest number of votes shall be elected to office. 3) Choosing Officers - After an election is held the six newly -elected Directors shall meet to determine which office will be held by each Director for that term. ARTICLE VIE MEETINGS OF DIRECTORS: 1) Regular Meetings - Regular meetings of the Board shall be called at their own discretion. 2) special Meetings - Special meetings of the Board shall be held when coiled either by +u.. Ow...:.i.w+ — — n+6Ap hun ilinnrinna arA -i+-n - +i r . • 1 .1 . Book: 3053 Page: 364 Seq: 2 (Page 3 of 6) Page 3 days. 3) Quorum - Four of the six Directors shall constiture a quorum for transaction of business which shall be regarded as action by the Board of Directors_ ARTICLE VIII POWERS AND DUTIES OF THE BOARD: 1) Powers: a) Suspend the right to use the Park of any member who is in violation of the rules and regulations set forth in the Restrictive Covenants. b) Suspend the right to vote and the right to use the Park of any member in default of payment of assessments. c) Exercise all powers, duties and authority vested in the HHA by these By -Laws and the Restrictive Covenants. d) Declare the office of a member of the Board to be vacant when such member is absent from three consecutive meetings of the Board. e) Employ a manager, independent contractor or such other employee as deemed necessary and prescribe their duties. f) Employ an attorney, accountant or any other professional to assist the HHA when deemed necessary. g) Enter into contracts to provide supplies and services necessary to the operation of the HHA. 2) Duties. a) To keep a complete record of all its acts and to present a statement thereof to the members at the annual meeting or at any special meeting where such statements are required. b) To supervise all officers, agents and employees of HHA and to see that their duties are properly performed. c) To fix the amount of assessment and the manner of payment due from each member, in accordance with the Restrictive Covenants and to send written notice of any change in assessment which may occur to each member at least 30 days prior to the due date. This date due is June 1st of each year, the amount of annual assessment is $100 per lot and can only be increased by a majority vote of the members,. however, it may be reduced at the direction of the Board. d) To recommend Special Assessments for capital improvements to be voted on by the HHA membership. e) To procure and maintain liability insurance of the Park as deemed necessary for protection of HHA members. f) To cause all officers or employees having fiscal responsibilities to be bonded if deemed necessary. g) To enforce mowing and maintenance of cleared lots and be authorized to mow cleared lots when needed as well as recoup expenses from lot owners. h) To serve as the Architectural Committee, enforcing rules put down in the Restrictive Covenants. ARTICLE IX OFFICERS AND THEIR DUTIES: The duly elected members of the Board shall complete their one-year term of service unless Book: 3053 Page: 364 Seq: 3 (Page 4 of 6) Page 4 Board will appoint someone to complete the term of office. 1) The President will: a) Preside at all meetings of the Board and serve; as Chairman at all meetings of the HHA membership. b) Carry out all orders and resolutions of the Board and sign all written instruments as necessary. c) Appoint the Secretary or Tremrer to preside over any meetings the President will not be able to attend. The Secretary will: a) Record the voting and keep the minutes of all meetings. b) Serve notice of all meetings to the membership. c) Keep current records of all the owners, showing names and addresses. The Treasurer will: a) Receive all monies for the HHA. b) Disburse such funds as directed by resolution of the Board. c) Sign and send out all checks for the HHA. d) Keep proper accounting records. e) Prepare an annual budget and statement of income and expenditures for distribution to the membership at the Annual Meetings. The Members At -Large will perform duties as deemed necessary by the President. ARTICLE X BOOKS AND RECORDS: The records of the HHA shall be made available at reasonable hours for inspection by any member. A copy of these By -Laws will be provided to each member as well as a copy of any recorded Amendment to the Restrictive Covenants. ARTICLE XE AMENDMENTS: Thes By -Laws may be amended at any Regular Meeting or Special Meeting of the HHA where a quorum is represented. Written notice shall be sent to all members 30 days prior to such meeting stating its date, time, location and the contents of the proposed Amendment. ADOP'iION,. The foregoing Amendment and Restatement of By -Laws was adopted at a Special Meeting of the HHA on March 29, 2008 by majority vote in accordance with the following signatures. Book: 3053 Page: 364 Seq: 4 (Page 5 of 6) Page 5 0?_ — vw, (SEAL) April 3, 2008 W. Keith Walsh, President 2 4ScoSEAL) April 2008 ohnston, Secretary dau'� (SEAL) Edwin T. Rose, Treas April 4 2008 April -�- 2008 April 3 , 2008 1"'ba A. -- (SEAL) April 4—Z, 2008 Bobby 611 ib r At -Large Book: 3053 Page: 364 seq: 5 (Page 6 of 6) STATE OF NORTH CAROLINA ONSLOW COUNTY I. Gwen H. Wetherington, a Notary Public for said County and State do hereby certify that W. Keith Walsh, Scott R. Johnston, Edwin T. Rose, P. Barry Matthews, Sefton Douglas Padgett, Jr. and Bobby Guy Stevens personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the !! day of April, 2008. My commission expires: August 19, 2008 Gwen H. Wetherington, otary Public a�IET.... 4k ,•, 0: NOTARY PUBLIC Book: 3053 Page: 364 Seq: 5 (Page 1 of 27) /� • nwewena��enseelelvlw��IN1�IR1 Doe ID: 006899970027 Type: CRP �l Recorded: 09/03/20m at 12:46:17 Pn Fee Act: $92.00 Pape 1 of 27 Onslew county, NC nary and K. Vashinpton Rep. of Deeds m3121 PQ363-389 HURST HARBOR ASSOCIATION AMENDMENT AND RESTATEMENT OF RESTRICTIVE COVENANTS 2008 This seventh Amendment and third Restatement of the Restrictive Covenants mode and entered into this day, July 26, 2008, by the undersigned being the owners of 60% or more of the lots in Hurst Harbor do hereby amend and restate the Restrictive Covenants recorded in Book 1313, Pages 58-68, Onslow County Registry, as follows: WITNESSETH - That whereas the owners of the real estate described in Article I of this declaration, are desirous of subjecting said real property to the protective and restrictive covenants hereinafter set forth, each and all of which are for the benefit of such property and for each owner thereof, and shall inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors In interest and any owner thereof. NOW, THEREFORE, the Hurst Harbor Association (HHA) declares that the real property described and referred to in Article I hereof is and shall be held, transferred, sold and conveyed subject to the protective covenants set forth below: ARTICLE I The real property which is and shall be held, transferred, sold and conveyed subject to the protective covenants set forth herein is located in Onslow County, North Carolina, and is particularly described as follows: BEING all of lots numbers 1- 30, inclusive, as shown upon plat entitled "Hurst Harbor', prepared by Donald C. Clements, Jr., RLS No. L -2460, dated January 18,1990, and recorded in Map Book 27, Page 56, Slide E-324, in the Office of the Register of Deeds of Onslow County, North Carolina, said recorded plat being incorporated herein by this reference for the purpose of providing a particular description. ARTICLE II LAND USE No lot shall be put to any use other than for single residential purposes. BUILDING TYPE - No structure shall be erected, placed, altered or permitted to remain on any lot other than one detached, single family dwelling, not to exceed three stories in height (inclusive of entire structure) A private garage is allowed which may contain living quarters for occupancy by domestic servants of the lot occupants only, and such other out -buildings as may be reasonably appurtenant to the dwelling, provided that the same are constructed in line with the general architectural design and construction standards used in the dwelling itself. All house pilings, with the exception of porch or deck pilings, must be enclosed, covered or screened from exterior view. Construction of gazebos behind dwellings and on piers or docks shall be permitted, provided that the walls of such gazebos shall not be constructed of solid or opaque materials, the size of gazebos shall not exceed 150 square feet of roof area Book: 3121 Page: 363 Seg: 1 (Page 2 of 27) Page 2 ARTICLE IV SATELLITE RECEPTION AND FUEL TANKS - All satellite dishes and similar apparatus that are not screened from view from the street shall be restricted to the small variety of 20" diameter or less. No unscreened external antennas shall be allowed. All fuel tanks and gas bottles shall be located so as not to be visible from the streets or from neighboring lots. ARTICLE V UTILITIES - HHA reserves the right to subject the real property in this subdivision to a contract with the appropriate power company to provide street lighting. This will require a continuing monthly payment to the power company by HHA. ARTICLE VI DWELLING QUALITY AND SIZE - No dwelling shall be less than 2,000 square feet of heated space. Architectural plans need to be submitted in writing to the Board of Directors (the Architectural Committee) prior to the commencement of building to ensure the structure will conform to the Restrictive Covenants. The Architectural Committee will respond in writing within 30 days or the plans will be considered approved. ARTICLE VII BUILDING LOCATION - No building shall be located on any corner lot nearer to the front lot line than the setbacks indicated on the recorded plat or any side street than forty (40) feet. No building shall be located with respect to interior side lot lines so as to be nearer than twelve (12) feet to either such line. No dwelling shall be located on any interior lot nearer to the front lot line than forty (40) feet nor nearer than ten (10) feet to the rear interior lot line. No structural improvements may be made between any street in the subdivision and the front or side of any dwelling without the consent of the Board of Directors of the 1-lurst Harbor Association. This provision shall not apply to landscaping. For the purpose of this covenant, eaves, steps and chimneys shall not be considered as port of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. An error of not more than ten percent (10%) in the location of a building an the lot with respsct to the minimum set -back lines shall not be considered a violation of this covenant. ARTICLE VM IMPERVIOUS COVER - Must conform to State and Federal regulations. ARTICLE IX NUISANCES - No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Excessive noise levels are expressly prohibited. Book: 3121 Page: 363 Seq: 2 (Page 4 of 27) Page 4 remain on any lot at any time for any purpose unless it is parked behind the main dwelling structure or placed inside the carport or garage. This restriction shall not, however, prohibit the use of such temporary structures by builders or developers during and in the course of construction and sales of dwellings upon said lots. ARTICLE XVI DRAINAGE - All driveways shall have drainage the in the street ditches Installed and sized in accordance with the North Carolina State Highway Commission standards. If culverts are tiled over, then at least one drainage basin shall be placed at each property line, street corner or elsewhere as necessary. Any change in lot elevation or drainage of culverts must be presented in writing and approved by the Board of Directors (the Architectural Committee). No lot shall be filled higher than the one hundred (100) year high watermark. ARTICLE XVII SWIMMING POOLS Swimming pools of any type (either in -ground or above -ground) may be placed In the side or rear yard only, and must be approved by the Board of Directors (the Architectural Committee) prior to installation. Any modification of any existing swimming pool, including appurtenant items, such as fencing, must be approved by the Hurst Harbor Association Board of Directors. ARTICLE XVIII HURST HARBOR ASSOCIATION All owners of Lots 1 through 30, inclusive, in Hurst Harbor Subdivision, shall be members of HHA, which is hereby organized as hereinafter provided. All owners and purchasers of lots in Hurst Harbor Subdivision, ae described, agree and shall be members of the HHA. for the purposes hereinafter set out: 1. Responsibility of the Association - The Association shall assume responsibility for the maintenance of the streets in the subdivision and for the maintenance of drainage easements, for street lighting and for all the improvements and maintenance of the Homeowner's Park 2. Assessments - Each lot owner shall be a member of the HHA and by acceptance of the deed to each lot, whether or nor it shah be expressed in such deed, is deemed to and does hereby covenant and agree on behalf of such owner, the owner's heirs, successors, and assigns, to pay assessments to the HHA for the expenses Incurred. 3. Lien of Assessment - The assessments called for hereinabove, together with interest with interest and costs of collection, including court costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. Personal obligation for delinquent assessment shall not pass to his successors in title unless expressly assumed by them. Any assessment not paid within thirty (30) days after the due date shall bear interest at a rate of nine percent (9%) per annum. The designated Officer of the HHA may bring an action at law against the owner or owners personally obligated to pay the same Book: 3121 Page: 363 Seq: 4 (Page 6 of 27) "s 6 10. Hours of Park use are from sunrise to sunset. However, the boat launch maybe used at any time. When sunset goes beyond 7 p.m., use of the Park should be done with courtesy for the Park neighbors in mind. 11. The Park should remain locked at all times except when members are entering and exiting. Each member will need to be responsible to keep their Park inaccessible to non-members. 12. Faiiure to comply with these regulations will result in suspension of Park privileges for the offending member(s), the duration of which shall be determined by the Board. ARTICLE XX TERM - These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time such covenants shall be automaticly extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change the covenants in whole or in part. ARTICLE XXI ENFORCEMENT - Enforcement shall be by proceedings at law or in equity against orry person or persons violating or attempting to violate any covenant, either to restrain violations or to recover damages. ARTICLE Val: MODIFICATION These restrictions are subject to being altered, amended, modified, cancelled or changed at any time as to said Subdivision as a whole or as to any subdivided lot or part thereof by written document executed by not less than sixty percent (60%) of the property owners and recorded In the Office of the Register of Deeds of Onslow County, North Carolina. SEVERABILITY - Invalidation of arty one or more of these covenants by judgement or order of any court shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. This Amendment and Restatement of the Restrictive Covenants is made pursuant to Article XX of the recorded covenants. Hook: 3121 Page: 363 Seq: 6