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HomeMy WebLinkAboutSW8121019_HISTORICAL FILE_20130110STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 121019 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS C�7 HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE Zo i 3 o l l y YYYYMMDD 44 �d MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary January 10, 2013 Mr. Lyle D. Gardner, President Evergreen Construction Company 7706 Six Forks Road, Suite 202 Raleigh, NC 27615 \ Subject: Stormwater Management Permit No. W81S 20919 l Beaufort Spring High Density Commercial Subdivision Constructed Wetlands Project (Class SA waters) Carteret County Dear Mr. Gardner The Wilmington Regional Office received a complete Stormwater Management Permit Application for Beaufort Spring on January 9, 2013. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8120919, dated January 10, 2013, for the construction, operation and maintenance of the BMP's and built -upon area associated with the subject project. This permit shall be effective from the date of issuance until January 10, 2021, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system 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 150E of the North Carolina General Statutes, and must be fled 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 Kelly Johnson, at (910) 796-7215. Sincerely, Fora es Wakild, P.E., Director Division of Water Quality GDS/kpj: S:1WQS1StormwatehPermits & Projects120121120919 HD12013 01 permit 120919 cc: Matthew D. Williams, PE Town of Beaufort Division of Coastal Management Wilmington Regional Office Stormwater File 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 One Phone: 919 807-63001 FAX: 919-807-64921 DENR Assistance: 1-877-6236748 NorthCarolina Internet: xarx.nmateroualitv.ora Nry uyra & State Stormwater Management Systems Permit No. SW8121019 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH 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 Evergreen Construction Company Beaufort Spring US Hwy 70, Beaufort, Carteret County FOR THE construction, operation and maintenance of one (1) constructed wetland in compliance with Session Law 2008-211 and the provisions of 15A NCAC 2H .1000 (hereafter collectively referred to as the "stormwater rulesl and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until January 10, 2021 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The subdivision is permitted for 2 lots, each limited to a maximum amount of built -upon area as indicated in Section 11.16 (f) of this permit. 3. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.10 of this permit. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. The stormwater wetland has been designed to treat the runoff from 141,738 square feet of built -upon area. 4. The maximum built -upon area allowed for the entire subdivision is 141,846 square feet. Of this amount, 141,738 square feet will drain to the stormwater wetland and 108 square feet will drain to the infiltration area/stilling basin to obtain settling prior to being discharged because the 108 square feet could not be captured in the stormwater wetland. For projects within % mile of and draining to SA waters, direct discharges to SA waters are not allowed. Swale discharges from the design storm must either be infiltrated or diffused at a non -erosive velocity into the vegetated buffer or other natural area. The vegetated buffer or other natural area must be capable of providing effective infiltration of the runoff from the design storm. The infiltration area/stilling basin will provide effective infiltration for the 108 square feet that cannot drain to the stormwater wetland. Page 2 of 8 State Stormwater Management Systems Permit No. SW8121019 5. The drainage area will be limited to the amount of built -upon area indicated in Section 11.16 of this permit, and per approved plans. The built -upon area for the future development draining to the stormwater wetland is limited to 55,141 square feet. 6. A 50' wide vegetative buffer must be provided adjacent all surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers and the mean high water line of tidal waters. 7. The volume in excess of the design storm must flow overland through a level spreader and 50 foot vegetative filter strip, designed per NCAC 2H.1008 (f) to pass the peak flow from the 10 year storm in a non - erosive manner. 8. The discharge from the stormwater wetland has been designed to discharge to a level spreader and filter strip capable of providing effective infiltration per SL2008-211, Section 2(b), (1)(c)(2). 9. Prior to the discharge of stormwater runoff from any lot into the approved stormwater system, the permittee shall ensure that the owner of the lot has obtained a separate Offsite Stormwater Management Permit. 10. The following design elements have been approved for this constructed wetlands stormwater facility, and must be provided in the system at all times: a. Drainage Area, acres: 5.93 Onsite, ftz: 258,311 Offsite, ftz: 0 b. Total Impervious Surfaces, ftz: 141,738 Buildings, ftz: 29,023 Roads/Parking, ftz: 46,188 Sidewalks, ftz: 11,386 Future, ftz: 55,141 c. Plant Depth, feet: 1.00 d. TSS removal eff., %: 85% e. Design Storm, inches: 3.66 f. Permanent Pool Elevation, FMSL: 9.5 g. Permitted Wetland Surface Area, ftz: 39,000 h. Shallow Land Area, ftz: 15,600 i. Shallow Water Area, ftz: 15,600 . Deep Pool Area, ftz: 7,800 k. Permitted Temporary Storage Volume, ft3: 39,000 I. Temporary Storage Elevation, FMSL: 10.5 m. Controlling Orifice 0": 3.00 n. Trees 0 o. Shrubs 0 p. Herbaceous Plants 7,800 q. Receiving Stream / River Basin I Index / Class Turner Creek/ white Oak / 21-35-1-11-1 / SA; How Page 3 of 8 State Stormwater Management Systems Permit No. SW8 121019 II. SCHEDULE OF COMPLIANCE No person or entity, including the penmittee, shall alter any component of the approved stormwater system shown on the approved plans unless and until the Division has approved of the revised plan. 2. The permittee is responsible for the routine monitoring of the project for compliance with the built -upon area limits, grading and storm drainage system established by this permit, the permit documents, the approved plans and the recorded deed restrictions. 3. The permittee shall review all individual proposed and modified lot plans for compliance with the conditions of this permit. The permittee shall not approve any lot plans where the maximum allowed built -upon area has been exceeded, where the revisions to the grading or to the storm drainage system are proposed, unless and until a permit modification has been approved by the Division. 4. The permittee shall notify any lot owner that is found to be in noncompliance with the conditions of this permit, in writing and shall require remediation within a reasonable time frame. 5. 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. 6. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 7. All stormwater collection and treatment systems must be located in either public rights -of -way, dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required rights -of -way, common areas and easements, in accordance with the approved plans. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built -upon area. C. Further development, subdivision, acquisition, or sale of any, all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. d. Alteration of any aspect of the approved stormwater drainage system and/or the approved stormwater BMPs. e. The construction of built -upon area within any permitted future development areas shown on the approved plans. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition. The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals. Page 4 of 8 State Stormwater Management Systems Permit No. SW8121019 13. Records of maintenance activities must be kept by the permittee. The records will indicate the date, activity, name of person performing the work and what actions were taken. 14. The facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The project and the stormwater facility must be in substantial compliance with all permit conditions. Any items not in substantial compliance must be repaired, replaced or restored to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8121019, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 55,931 square feet for Lot 1 and 85,915 square feet for Lot 2. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the pond or to the street, grading the lot to drain toward the pond or street, or grading perimeter swales and directing them into the pond or street. i. Built -upon area in excess of the permitted amount will require a permit modification. j. All affected lots shall maintain a 50' wide vegetative buffer adjacent to all surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers and the mean high water line of tidal waters. k. Any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in G.S.143, Article 21. I. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 18. If permeable pavement BUA credit is desired, the permittee must submit a request to modify the permit to incorporate such language as required by the Division of Water Quality. The request to modify must include a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements shall submit the necessary forms and documentation to the permittee, or a designated agent, and receive approval prior to construction of the permeable pavement. Page 5 of 8 State Stormwater Management Systems Permit No. SW8121019 III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. At least 30 days prior to the sale of the property, or a change of ownership, or a name change of the permittee or of the project, or a mailing address change, the permittee must submit a completed and signed Name/Ownership Change form to the Division of Water Quality, accompanied by the supporting documentation as listed on the form. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until such time as the Division approves a request to transfer the permit. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143- 215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. The permittee shall maintain a copy of the permit, 0&M agreements, and the approved plans at all times. 10. 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 Session Law 2006-246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al. 11. The permittee shall submit a permit renewal application at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate documentation and the processing fee. Permit issued this the 10t^ day of January 2013. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for khNes Wakild, P.E., Dire for DivisibWof Water Quality By Authority of the Environmental Management Commission Page 6 of 8 State Stormwater Management Systems Permit No. SW8121019 Beaufort Spring Page 1 of 2 Stormwater Permit No. SW8120919 Carteret Countv Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 7 of 8 State Stormwater Management Systems Permit No. SW8121019 Certification Requirements: Page 2 of 2 The drainage area to the system contains approximately the permitted acreage. _2. The drainage area to the system contains no more than the permitted amount of built -upon area. _3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. _5. The wetland zone elevations are per the approved plan. 6. The wetland is located per the approved plans. 7. A trash rack is provided on the outlet structure. 8. All slopes are grassed with permanent vegetation. _9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of wetland zone surface area and volume have been provided. _12. Required drawdown devices are correctly sized and located per the approved plans. _13. All required design depths are provided. 14. All required parts of the system are provided. _15. The required number of wetlands plantings have been provided. cc: NCDENR-DWQ Regional Office Inspector, Town of Beaufort Building Inspections Page 8 of 8 ' DWQ USE ONLY Date R eived Fee Paid Permit Number Z'ff/ , Applicable Rules: ❑ Coastal SW -1995 El Coastal SW (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Other WQ Mgmt Plan: - 2008 El Ph II - Post Construe 'on ❑ Universal Stormwater Management Plan State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form nwy 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.): Beaufort Spring 2. Location of Project (street address): City: Beaufort County: Carteret Zip: 28516 3. Directions to project (from nearest major intersection): From intersection of US HWY 70 and Camden Road in Carteret County, go northeast on US HWY 70 approximately 0.20 mile, and project site is on northwest side of the right-of-way of US HWY 70. 4. Latitude: 34 ° 43 ' 54 " N Longitude: 76 * 38 ' 18 " W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ®New ❑Modification ❑ Renewal w/ Modification} tRenetoals With modifications also requires SWU-102 -Renewal Application Form b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) and the status of construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low 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 stonnwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 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? ❑No ®Yes If yes, see S.L. 2012-200, Part Vl: httl2://12ortal.ncdenr.org/web/wq/ws/su/statesw/rules laws mECEIVEII OCT 2 2 2012 Form SV✓U-101 Version 06Aug2012 Page I of 6 III. CONTACT INFORMATION I. 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: Evergreen Construction Company Signing Official & Title: Lyle D. Gardner, Owner and President b.Contact information for person listed in item la above: Street Address: 7706 Six Forks Road, Suite 202 City: Raleigh State: NC Zip: 27615 Mailing Address (if applicable): 7706 Six Forks Road, Suite 202 City: Raleigh State: NC Zip: 27615 Phone: ( 919 ) 848-2041 Fax: ( ) Email: lyledgardner@aol.com c. Please check the appropriate box. The applicant listed above is: ❑ The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) M 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: Joyce V. Gibbs Signing Official & Title: Joyce V. Gibbs, Owner b.Contact information for person listed in item 2a above: Street Address: 7151 Yellowood Lane City: Beaufort State: NC Zip: 28516 Mailing Address (if applicable): 7151 Yellowood Lane City: Beaufort State: NC Zip: 28516 Phone: ( ) Fax: ( ) Email: 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: Baldwin Design Consultants, PA Signing Official & Title: Matthew D. Williams, PE b.Contact information for person listed in item 3a above: Mailing Address: 708-D Cromwell Drive City: Greenville State: NC Zip: 27858 Phone:( 252 ) 756-1390 Fax: ( ) Email: mwilliams@baldwindesignconsultants.com 4. Local jurisdiction for building permits: Town of Beaufort Point of Contact: Debbie Graham Phone #: ( 252 ) 728-2141 FCF-0 OCT 2 2 2012 Form SWU-101 Version 06Aug2012 Page 2 of 6 4. Local jurisdiction for building permits: Town of Beaufort Point of Contact: Debbie Graham Phone #: ( 252 ) 728-2141 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Stormwater runoff will be routed to a constructed stormwater wetland where the design runoff will be stored and treated. Runoff in excess of the design runoff will be discharged to a level spreader and vegetated filter. 108 SF of impervious NOT treated in wetland will be infiltrated in a "stilling basin". 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD 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 ❑ Ph lI — Post Construction 3. Stormwater runoff from this project drains to the White Oak River basin. 4. Total Property Area: 8.238 acres 5. Total Coastal Wetlands Area: 0.00 acres 6. Total Surface Water Area: 0.00 acres 7. Total Property Area (4) — Total Coastal Wetlands Area (5) — Total Surface Water Area (6) = Total Project Area*: 8.238 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 High 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 (BUA). 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 = 39.52 % 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. Basin Information Drainage Area rama a rea _ rama a Area _ Drainage Area _ Receiving Stream Maine umr ree_ urner ree Stream Class tream Index um er - - - - - - - - otal Drainage Area s site Drainage rea s site Drainage rea s Proposed Impervious Area (sf) % Impervious Area (total) Im ervious Surface Area Drainage Area _ Drainage Area _ Drainage Area _ Drainage Area _ -site ui mgs ots s29,027 site Streets s a -site Farking s On -site Sidewalks s IAI AM n Other on -site s Future s B site s xistmg s total s Stream Class and Index Number can be determined at: httli. portalmcdenr.org/webhuq/ys/csu/ctssifications Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 06Aug2012 Page of 6 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Stormwater runoff is routed to a constructed stormwater wetland where the desien runoff is stored and treated. Runof in excess of the desien runoff is discharged to a level soreader and vegetated filter. 108 square feet of impen-ious area NOT treated in wetland is infiltrated in a "stilling basin". 2.a.If claiming vested rights, identif}' the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.lf claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW - 1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to the White Oak River basin. 4. Total Property Area: 8?38 acres 5. Total Coastal Wetlands Area: 0.00 acres 6. Total Surface Water Area: 0.00 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area,: 8.238 - acres Total project area shall be calculated to exclude the following: the normal ppool of impounded structures, the area beteoeen the bnnls of sbemru mud rivers, Ghe area beloru the �larurnl High INatcr (NHIN) linear Mena HipA lNnter (A4111N) line, and coastal <vetlmrds lmtdmmd fam the NHW (or MI line. The resultant project area is used to calcrinte overall percent built upon area (BUA). Not -coastal wetlands landward of the NIibV (or MHIN) line may be included in the total project area. S. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 39.52 '%, 9. How many drainage areas does the project have?] (For high density, count 1 for each proposed engineered stormwater BMP. For low densitrl and other projects, use 1 for the whole property men) 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. Basin Information -Drainage Area _ Drainage Area _ Drainage Area Drainage Area _ Receiving Stream Name urner Creekurner(.-reek Stream ass ' N Stream index Number' 05- 71- 5- - 1-1 otal Uramage Area s) 5 , h n-site ramage rev st _5 , 1 -site rarnage rea (st) U Proposed Impervious Area" (sf) I' , _ b 1U8 % Impervious Area" (total) 5 7N 5. % lm ervious" Surface Area Drainage Area _ Drainage Area __ ramage Area ramage rev _ n-site ut mgs ots (sf) 2v, 1 b5 On -site Streets sY 25 On -site Parking (s) _6,5 4 On -site Sidewalks (s) 1U,D.Z1 I ub 0— n r+— Other on -site (st) L_U 11IA a 9M7 Future (s) (. Z 74 UN •• "'�� f -Site (st Existing s ) ota (sit : 1,7, * SlreamClass and Index Number can bedetermined at: little11oortal.ncdenr.orb/rveb{roq/ps/csu/classiFicntions " 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 nmcnad of existing BUA that will renmin after development. Do not report arty existing BUA that is to be removed and rohich will be replaced by new BLIA. 11. How was the off -site impervious area listed above determined? Provide documentation. Form SWU-101 Version Oct. 31, 2013 Page 3 of Projects in Union County: Contact DWQ Central Ojfrce staff to check if the project is located within a Threatened & Endangered Species watershed that maybe 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 httD://Portal.ncdenr.ore/web/wo/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://portal.ncdenr.org/web/wq/ws/su/statesw/forms dots. 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 httl2://portal.ncdenr.orgZweb/wq/ws/su/maps.) 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 versions for each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms does. Initials 1. Original and one copy of the Stormwa ter Management Permit Application Form. "W 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants /W/✓ 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 h!W://www.envhelp.org/pages/onestopexpress.htmI 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 �/s mile of the site boundary, include the '6 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 a separate document). D. Vegetated buffers (where required). 104041 Q=— (C E E Y!/ F OCT 2 2 2012 Form S WU-101 Version 06Aug2012 Page 4 of 6 bY.-- 9. 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 D WQ to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 262 Page No: 16 z� 11. For corporations and limited liability corporations (LLC): Provide documentation from the NCQ(T� 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. ht!p://www.secretaEy.state.nc.us/Corporafions/CSearch.4spx VIL 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.orgZweb/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 signature(s) 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 on 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. VIIL 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: Matthew D. Williams, PE Consulting Firm: Baldwin Design Consultants, PA Mailing Address: 708-D Cromwell Drive City: Greenville State: NC Zip: 27858 Phone:( 252 ) 756-1390 Email: mwilliams©baldwindesignconsultants.com Fax: ( 252 ) 321-1412 IX. 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) Joyce V. Gibbs , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item la) Li le D. Gardner with (print or type name of organization listed in Contact Information, item 1a) Evergreen Construction Company 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. ECEUVE OCT 2 2 2012 Bv:- - Form S WU-101 Version 06Aug2012 Page 5 of 6 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: Matthew D. Williams. PE Consulting Firm: Baldwin Design Consultants, PA Mailing Address: 708-D Cromwell Drive City: Greenville Phone: ( 252 ) 756-1390 Email:—mwilliams@baldwindesigpconsultants.com State: NC Zip: 27858 Fax: ( 252 ) 321-1412 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or hype name of person listed in Contact Information, item 2a) Loyice V. Gibbs , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item la) Lule D. Gardner with (print or hjpe name of organization listed in Can tact Information, item la) Evergreen Constoictlwi Company 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. 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. Date: 9 6 7 117 11 nW v I, I (`Jn<! a Notary Public for the State of MerKA 66rAkA, County of do hereby certify that 50MAdC, 64a,5 -IpersonM appeared before me this --�- day of Se I kAAAbe)/' , a stormwater permit. Witness my hand and o1 Hunn�c won Cove SEA My commission expires 0/0 q1" 0 f 7 ECERVE OCT 2 2 2012 BY: Form SWU-101 Version 06Aug2012 Page 6 of 7 r) X. APPLICANT'S CERTIFICATION I, (print or h/pe naane of person listed in Contact Inforniation, item la) Lille D. Gardner .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 stormwater rules under 15A NCAC 21-1.1000 and any other applicable state stormwater requirements. Signature: Date: /�/I?--- I, � n a Notary Public for the SState of N County of C do hereby certify that L y / t- personally appeared before me this (%day of � f oW/� and nowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, /� M —�Oti \ SEAL My commission expires b'lt It � E EOtldE OCT 2 2 2012 BY: Form SWU-101 Version 06Aug2012 Page 7 of 7 Baldwin Design o Consultants,PA DESIGN - LANO PLANNING SURVEYING 708-D Cromwell Drive • Greenville, NC 27858 Date: Job No: 252-756-1390 • 252-321-1412 (fax) 1/8/13 10-104 To: N.C. DENR - Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Attention: Kelly Johnson Re: Beaufort Spring - Stormwater Project No. SW8 121019 - Request for Additional Information We are sending you: ❑ Attached ❑ Under separate cover via ❑ Drawings ❑X Plans ❑ Prints Pay Request/ Invoice 11 Letter ❑ Package ❑x Other Listed Below the following: ❑ Specifications 2 Revised Sheet 3 of Form SWU-101 2 1/8/13 Revised Drainage Area Map F'1C JAl 112111 BY: Transmitted as checked below: XFor approval For your use As requested 11 For review Remarks: Approved as noted Approved as submitted Returned for corrections Other Resubmit Submit _ Return copies for approval copies for distribution corrected copies Kelly, Please find the additional information you requested in your e-mail to me dated January 8, 2013. Slgrted: . MatthedvMiams Copy to: Johnson, Kelly From: Matthew Williams[mwilliams@baldwindesignconsultants.com] Sent: Tuesday, January 08, 2013 10:36 AM To: Johnson, Kelly Subject: RE: Beaufort Spring, SW8 121019 Kelly, b. We have a note on Sheet 9 of the Plans, stating "Note: This Project Does Not Contain Any Wetlands." It is located on the left-hand side of the sheet directly above the "Constructed Wetland Notes'. 4.) a. Per your comment, I will add a second column to the table on page 3 of the main application form for the 108 SF draining to the stilling basin. b. The 108 SF is in the 0.01 acre of drainage area shown on the Drainage Area Map. I will revise the Drainage Area Map per your comment. I expect that we should definitely be able to get this additional information to you before 1/22/13. We should be able to send it in the mail either today or tomorrow. Thanks, Matthew D. Williams, PE Baldwin Design Consultants, PA 708-D Cromwell Drive Greenville, NC 27858 Phone: (252) 756-1390 Fax: (252) 321-1412 From: Johnson, Kelly [mailto:kelly.p.johnson@ncdenr.gov] Sent: Tuesday, January 08, 2013 8:52 AM To: Matthew Williams Subject: RE: Beaufort Spring, SW8 121019 Matthew, 1.) Wetlands: a. CORPS: You are correct. We do not holdup stormwater permits for CORPS calls. But, if the CORPS calls something that isn't on the stormwater plan after the permit is issued the permit has to be updated to reflect the CORP's information. b. Wetland Note: I don't see a wetland note on the plans that says that there aren't wetlands onsite? Am I overlooking it? We need to have a "no wetlands onsite" note on the plans if there are no wetlands. 4.) Impervious: a. Application: The application's BUA table's total has to match the deed restrictions. I recommend that you add a second column to the table and fill in information for the 108sf that will drain to the infil area/stilling basin. I have drafted the permit text to reflect that the 108ft will be handled this way. b. Drainage Area Map: I think that the 108sf is in the 0.01ac DA that is shown on the DA Map, but that O.Olac is inside of the wetland's DA's orange line. Please revise this to show that that area will drain to the infil area/stilling basin. How long do you think this will take to turn around? Can you get it back in by 1/22/13? 1 have drafted the permit already. Thanks, KJ From: Matthew Williams [mailto:mwilliams@baldwindesignconsultants.com] Sent: Monday, January 07, 2013 10:42 AM To: Johnson, Kelly Subject: RE: Beaufort Spring, SW8 121019 Kelly, have attached in PDF a copy of the letter from our wetland consultant, Jay Johnson, which indicates that wetlands are not present on the project site. We are still waiting on a report from the US Army Corps, and will forward to you when we receive it. In a previous conversation, I believe you stated that we would not need to ask for a time extension for the submittal of the report from the US Army Corps. I just want to confirm that is correct, and that you will not require an extension while you are waiting for this. Regarding your comment #4, 1 have a question or need clarification. As I indicated in my response letter, all of the proposed impervious area from the project site will be treated in the proposed constructed stormwater wetland, except for 108 SF of sidewalk in the extreme southwestern portion of the tract which is infiltrated in a "stilling basin." So 141,738 SF of the total 141,846 SF of proposed impervious area is treated in the constructed stormwater wetland. I didn't revise the deed restriction form since it lists the total impervious area in the project site. Does the deed restriction form still need to be revised? Or, rather, should I revise page 3 of the main application form (adding a second drainage area for this 108 SF treated in the "stilling basin")? Thank you, Matthew D. Williams, PE Baldwin Design Consultants, PA 708-D Cromwell Drive Greenville, NC 27858 Phone: (252) 756-1390 Fax: (252) 321-1412 From: Johnson, Kelly [mailto:kelly.p.johnsonCalncdenr.gov] Sent: Friday, January 04, 2013 10:32 AM To: Matthew Williams Subject: FW: Beaufort Spring, SW8 121019 Matthew, I went through the project submittal today. Here is the status of each of the items: 1.) Waiting on wetland data 2.) OK 3.) OK 4.) Have you updated the deed restrictions form? It still shows 55,931+85,915=141,846sf. But, the revised page three of the application shows 141,738sf? 5.) OK 6.) OK Thanks, KJ From: Johnson, Kelly Sent: Thursday, December 20, 2012 12:40 PM To: 'Matthew Williams' Subject: RE: Beaufort Spring, SW8 121019 Matthew, From my limited research online about this (such as htto://legal-dictionary.thefreedictionary.com/attorney-in-fact) it sounds like there is a Power of Attorney document that appoints an Attorney in Fact. All I need is a paper trail such as the Power of Attorney document listing Gibbs III as the Attorney in Fact. If you can create a paper trail connecting the dots then everything will be fine. X From: Matthew Williams [mailto:mwilliams(&baldwindesignconsultants.com] Sent: Thursday, December 20, 2012 11:38 AM To: Johnson, Kelly Subject: RE: Beaufort Spring, SW8 121019 Kelly, When I said that Samuel Gibbs signed the application as "attorney in fact", I am referring to the exact language Mr. Gibbs wrote in Section "IX. PROPERTY OWNER AUTHORIZATION" of the Stormwater Management Permit Application Form he signed. This is the son of Joyce Gibbs. His full name is "Samuel C. Gibbs III" (as written in the Notarization section of Section "IX. PROPERTY OWNER AUTHORIZATION" of the Stormwater Management Permit Application Form. I think the correct legal term he has is "power of attorney" From: Johnson, Kelly [mailto:kellyp.iohnsonc@ncdenr.gov] Sent: Thursday, December 20, 2012 11:27 AM To: Matthew Williams Subject: RE: Beaufort Spring, SW8 121019 Matthew, I just googled "attorney in fact". That is a new one for me. I am not familiar with that term. It sounds similar to a power of attorney? I am not sure? KJ From: Johnson, Kelly Sent: Thursday, December 20, 2012 11:12 AM To: 'Matthew Williams' Subject: RE: Beaufort Spring, SW8 121019 Matthew, The deed says that Samuel C Gibbs and his wife Joyce Gibbs own the property. It sounds like you are talking to Samuel Gibbs, Jr? If there is some sort of legal document to connect Samuel Gibbs Jr to this property (a will, a power of attorney document, or something like that), that would work. Only one of the owners has to sign if there are more than one owner of a family such as may be in this case. Johnson, Kelly From: Johnson, Kelly Sent: Friday, December 21, 2012 8:18 AM To: 'Matthew Williams' Subject: RE: Beaufort Spring, SW8 121019 - Request for Time Extension OK. We will extend it until 1/8/13. Have a great holiday, KJ From: Matthew Williams [mailto:mwilliamsCrilbaldwindesignconsultants.com] Sent: Thursday, December 20, 2012 3:08 PM To: Johnson, Kelly Subject: RE: Beaufort Spring, SW8 121019 - Request for Time Extension Kelly, I would like to request a time extension for the submittal of the additional information for the Stormwater Management Permit for "Beaufort Spring", project No. SW8 121019. Our firm is taking next week off. That fact coupled with the time needed to get all of the requested additional information are the reasons for this request for a time extension. We expect to be able to submit the requested information by Tuesday, January 8, 2012, and request an extension of the deadline until this date. Please respond to this message to let me know if this extension has been granted. Thank you, Matthew D. Williams, PE Baldwin Design Consultants, PA 708-D Cromwell Drive Greenville, NC 27858 Phone: (252) 756-1390 Fax: (252) 321-1412 From: Johnson, Kelly [mailto:kelly.p.iohnson(@ncdenr.gov Sent: Wednesday, December 19, 2012 9:45 AM To: Matthew Williams Subject: FW: Beaufort Spring, SW8 121019 Matthew, I got your voicemail about the issue with the signature authority. I am sorry to hear that she is in the hospital. I have attached the regulation that specifies who can sign the application forms (see Section Q. Since this is a legislative requirement I don't have a lot of flexibility about who can sign the forms. Is there an alternate way that you can think of to accomplish these requirements? If not, I will have to issue a deadline extension so that she can sign it when she is out of the hospital. If that will be necessary, please propose a date. Thanks, Kelly Kelly From: Matthew Williams [mailto:mwilliamsCalbaldwindesignconsultants.com] Sent: Thursday, December 20, 2012 8:33 AM To: Johnson, Kelly Subject: RE: Beaufort Spring, SW8 121019 Kelly, Regarding comment #2 in your request for additional information, I contacted Samuel Gibbs (the son of Joyce Gibbs, who signed the application as "attorney in fact"), and he informed me that the property is 50% owned by Joyce and 50% by him. Given this fact, does that present an option? Since he is part owner, does his signature on the application fulfill the requirement? Thanks, Matthew D. Williams, PE Baldwin Design Consultants, PA 708-D Cromwell Drive Greenville, NC 27858 Phone: (252) 756-1390 Fax: (252) 321-1412 From: Johnson, Kelly [mailto:kelly.p.johnsonOncdenr.gov] Sent: Wednesday, December 19, 2012 9:45 AM To: Matthew Williams Subject: FW: Beaufort Spring, SW8 121019 Matthew, I got your voicemail about the issue with the signature authority. I am sorry to hear that she is in the hospital. I have attached the regulation that specifies who can sign the application forms (see Section Q. Since this is a legislative requirement I don't have a lot of flexibility about who can sign the forms. Is there an alternate way that you can think of to accomplish these requirements? If not, I will have to issue a deadline extension so that she can sign it when she is out of the hospital. If that will be necessary, please propose a date. Thanks, Kelly From: Johnson, Kelly Sent: Tuesday, December 11, 2012 8:41 AM To: 'Matthew Williams' Subject: FW: Beaufort Spring, SW8 121019 Matthew, I talked to WaRO about collecting impervious near where the entrance drive meets the main road. They said that they try to collect as much BDA as possible. They said that there may have been a few projects in the past where it was not possible to collect a small portion of the entrance road, but those were few and far between. (They also do not have many projects subject to the SA rule). I have attached an example of a compromise that we reached with another project in the same situation a while back. This may work for your project as well. Basically, there are two "stilling basins" at the end of the entrance drive that hold the water for a while so that it can infiltrate as much as possible to meet the intent of the SA no -discharge rule. 31 From: Johnson, Kelly Sent: Friday, November 30, 2012 10:42 AM To: 'Matthew Williams' Subject: Beaufort Spring, SW8 121019 Matthew, Please see the attached letter which will be mailed today. Have a good weekend, Kelly *** My email has changed to kellv.a.iohnsonOncdenr.eov K.eL L,i 0hws01,4, 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 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. NOD32 6156 (20110526) Information This message was checked by NOD32 antivirus system. http://www.eset.com NOD32 6156 (20110526) Information This message was checked by NOD32 antivirus system. http://www.eset.com NOD32 6156 (20110526) Information Baldwin Design COnsultants,PA [DESIGN - LANG PLANNING - SURVEYING 708-D Cromwell Drive • Greenville, NC 27858 252-756-1390 • 252-321-1412 (far) To: N.C. DENR - Division of Water 127 Cardinal Drive Extension NC 28405 Letter Q,f Transmittal' Date: 1/2/13 Attention: Kelly Johnson Job No: 10-104 Re: Beaufort Spring - Stormwater Project No. SW8 121019 - Request for Additional Information We are sending you: ❑ Attached ❑ Under separate cover via ❑ Drawings 0 Plans ❑ Prints ❑ Pay Request/ Invoice ❑ Letter ❑ Package H Other Listed Below the following: ❑ Specifications v- 1 1/2/13 Response Letter 2 1/2/13 Revised Plans 2 1/2/13 Revised Wetland and Peak Flow Attenuation Calculations 2 1/2/13 Revised Stormwater Management Narrative 2 Revised Sheet 3 of Form SWU-101 1 1/2/13 Revised Wetland & Level Spreader Supplement forms 2 12/31/12 Revised Drainage Area Map 1 Power of Attorney Documentation for owner, Joyce Gibbs 1 12/6/12 Email from Joanne Steenhuis regarding streams not present on site Transmitted as checked below: ❑X For approval ❑ Approved as noted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as submitted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected copies ❑ For review ❑ Other Remarks: Kelly, 11 JAN 0 3 2013 We expect to receive a report from our consultant regarding possible wetlands ythe site by end of week, and will forward to you prior to the January 8, 2013 deadline. y' Signed: Matthew Williams Baldwin Design Consultants^ ENGINEEFIING SURVEYING - PLANNING STORM WATER MANAGEMENT NARRATIVE BEAUFORT SPRING CARTERET COUNTY, NORTH CAROLINA January 2, 2013 Project Name: Beaufort Spring Location: Carteret County, NC Developer: Evergreen Construction Company 7706 Six Forks Road, Suite 202 Raleigh, NC 27815 ECEOVE Consultant: Baldwin Design Consultants, PA 708-D Cromwell Drive JAN 0 3 2013 Greenville, NC 27858 Phone: 252.756.1390 BY. GENERAL PROJECT INFORMATION The purpose of this project is to develop a tract for a residential senior living facility, associated entrance drive and parking lot, associated utilities, associated storm drainage, a proposed constructed stormwater wetland, and a proposed level spreader. An adjacent tract (part of the project site), labeled "B-1 — Future Development' will be developed for commercial use at some point in the future in phase 2. The current proposed residential portion of the development will be constructed in phase 1. The total post -development impervious area, upon total development of the project site, including the adjacent "B-1 — Future Development' tract, is 3.26 acres. Drainage from both the current proposed residential tract and the future commercial tract will be treated in the proposed constructed stormwater wetland. The site area of the current proposed residential site is 6.404 acres. The site area of the adjacent "B-1 Future Development' tract is 1.834 acres. The combined area of the tract with the current proposed residential development and the adjacent "B-1 Future Development' tract gives a "total project area" of 8.238 acres. The project site is located northwest of the right-of-way of US HWY 70 approximately 0.20 mile northeast of the intersection of US HWY 70 and Campen Road in Carteret County. The project site is bounded on the southeast by US HWY 70, on the southwest by developed commercial land and undeveloped land, and on all other sides by undeveloped land. 708-D CROMWELL DRIVE - GREENVILLE, NORTH CAROLINA 27858 TEL 252.756.1390 - FAx 252.321A412 - www,BALDWINDESIGNCONSULTANTS.com STORMWATER INFORMATION . Pre -development: The project site consists of 8.24 acres, with existing grades averaging from 0% to 4%. Existing surface drainage is currently sheeting off -site to the southeast and into existing ditches on the site which flow off -site to the southeast into the existing roadside ditch on the northwestern side of US HWY 70. The existing surface runoff is not detained or treated by any stormwater BMP. This site currently drains into Turner Creek (stream index # 21-35-1-11-1, classification "SA;HQW") in the White Oak River basin. This site is within 0.50 mile of SA waters, and ultimately drains to SA waters. Post -development: This project is currently proposed to be built in two phases. In the construction of phase 1, the proposed 2-story multi -family residential building in the northwest section of the tract and associated parking area, the entrance drive, sidewalk in the southern -most portion of the tract along US Highway 70, the proposed constructed stormwater wetland, and the proposed level spreader will be installed. Phase 1 consists of 1.99 acres of impervious area. In phase 2, the proposed retail shops and associated parking will be constructed. Phase 2 consists of 1.27 acres of impervious area. The proposed constructed stormwater wetland and level spreader being constructed in phase 1 are being designed to handle the runoff from both phases 1 and 2. Upon completion of phase 1 but prior to completion of phase 2, approximately 4.42 acres of on -site drainage area will be collected via sheet flow, swales, drop inlets, and a reinforced concrete pipe system before it is routed to the proposed constructed stormwater wetland and level spreader. At this time, only a small portion of the area in the "B-1 — Future Development' tract will drain to the constructed stormwater wetland (including all proposed impervious area constructed during phase 1). During this time period prior to completion of phase 2 of the development, the area not draining to the constructed stormwater wetland from the "B-1 — Future Development' tract will not contain any impervious area. Following the completion of phases 1 and 2, the runoff from approximately 5.93 acres of on -site drainage area will be routed to the constructed stormwater wetland and level spreader, including 141,738 of the total 141,846 SF of impervious area proposed on the project site. The remaining 108 SF of impervious area not draining to the constructed stormwater wetland will be effectively infiltrated in a "stilling basin" located around Drop Inlet #4 at the extreme southwestern portion of the project site. The constructed stormwater wetland will treat the design runoff, and attenuate the peak runoff from the 1-yr and 10-yr storms (as required by.the Town of Beaufort's stormwater ordinance). Runoff in excess of the design volume will be routed from the constructed stormwater wetland to a level spreader with 50 ft vegetated filter. Relation of SHWT to Permanent Pool Elevation of Constructed Wetland A seasonal high water table (SHWT) determination was made by Terracon for this project on May 25, 2011. The SHWT in the location of the proposed constructed stormwater wetland was found to be approximately 1.5 feet below the average existing ground elevation of approximately 10.50 ft msl, giving a SHWT elevation of approximately 9.00 ft msl. The proposed permanent pool elevation of the constructed stormwater wetland is 9.50 ft msl. The SHWT is within six inches of the proposed permanent pool elevation (PPE) of the constructed stormwater wetland. IMPACT OF FILLING ON -SITE DITCHES The filling of the ditches on the site will not adversely affect upstream or downstream properties for the following reasons. A new 1354 LF ditch is being proposed along the eastern property line to replace the portion of the eastern -most existing ditch that is being filled. This proposed ditch will drain to the existing roadside ditch along the northern side of US Highway 70. Therefore, after the proposed development, upstream drainage will still be able to flow southeast along the eastern boundary of the project site to the existing roadside ditch along US Highway 70. And the post -development peak runoff to this ditch will be less than that in the pre -developed condition for the 1-yr and 10-yr storms because the peak flows for those storms is attenuated by the proposed constructed stormwater wetland. The vast majority of the drainage area that would drain to the remaining on -site ditches being filled will, in the post -developed condition, be captured and routed to the proposed constructed stormwater wetland for attenuation of the 1-yr and 10-yr storms before being discharged off -site. Thus, impact from the peak flow on downstream areas will be reduced. Upstream areas from these ditches will not be adversely impacted either, because the drainage that would enter these ditches is able to enter either of the two existing ditches running along the eastern and western boundaries of the project site. Upstream area draining into the existing ditch running northwest -southeast located off -site to the west of the project site will not be adversely impacted by the filling of the on -site ditches that "tee" into this ditch, because this area will still be able to ultimately drain to the existing roadside ditch along the northern side of US Highway 70 via the existing ditch running northwest -southeast located off -site to the west of the project site. PROJECT SITE AREA BREAKDOWN Total Project Area (including "Future Develop." Tract) 8.24 ac Existing Building Area 0.00 ac Existing Transportation Impervious Area 0.00 ac Total Existing Impervious Area 0.00 ac Phase 1 New Building Area 0.67 ac Phase 1 New Transportation Impervious Area 1.32 ac Phase 2 New Impervious Area 1.27 ac Total Impervious Area Post -Development (Phases 1 & 2) 3.26 ac QaUJE Q d F (�-70Q qb : Tc, 6Rmwo 6tg65 (ft s(glt? �5 $w QCOW4j CN^-)►'W-r) DURABLE POWER OF ATTORNEY FOR FINANCIAL MANAGEMENT t.. W:1RN1 `ic {'O 5'ERSO\ Exi',cu YI VG "StfSS DDC.1.`, Nlr\T THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE PONVER OF ATTORNEY. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS: TIIIS DOCIJ\lli:NT \1A1' PItOVIDE'1'FIE PERSON YOU DESICNATE AS YOUR ATTORNEY -IN -FACT wi'm BROAD LEGAL. POWERS. INCLUDING Tim POWERS TO MANAGE, DISPOSE. SELL AND CONVEY YOUR REAL AND PERSONAL PROPERTY AND TO BORROW :NIONEY USING YOUR PROPERTY AS SECURITY FOR TUC 1-0, N. THESE POWERS WILL CONTINUE TO EXIST EVEN IF YOU BECOME DISABLED OR INCAPACITATED. THESE POWERS WILL EXIST UNTIL YOU REVOKE OR TERMINATE THIS POWER OF ATTORNEY. YOU HAVE THE RfGIIT TO REVOKE OR TERMINATE. THIS PC1tVER Of, ATTCIR,NEV AT AN'Y TIME:. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS FOR YOU. IF THERE IS ANYTHING ABOUT THIS FORNI THAT YOU DO NOT UNDERSTAND. YOU SHOULD ASK A LAWYER TO EXPLAIN ITTO YOU 1. Principal and Attorney -in -Fact ECEI V E PRINCIPAL JAN 0 3 2013 Joyce Vick Gibbs 121 Crescent Drive BY: C3eaulSn. North Carolina _S> 16 [..Joyce Vick Gibbs, appoint the person named below as my attorney -in -tact to act for me in any lawful way with respect to the powers delegated in Part 4, below. Durable Power of Attorney for Fin:uieml Manm_,ement — Page I of 10 f t TTORNCKJN-Fff CT Samuel Chadwick Gibbs III 121 Crescent Drive Beaufort. North Carolina 28516 Main phone: 4088871488 2. Delegation of Authority Mv attorney-in-fiact may delegate. in writing, any authority granted under this durable power of attorney to a person he or she selects. Any such delegation shall state the period during which it is valid and specify the extent of the delegation. 3. Effective Date This power of attorney is effective immediately. and shall continue in effect it I become incapacitated or disabled. 4. Powers of Attorney -in -Fact I grant niv attorney -in -fact power to act on my behalf in the following matters. as indicated by my initials next to each granted power. Du ra the Poorer of Ano rncp for Financial MitnagemenI — Page'_ of 10 INITIALS y" iJ (1 i Real estate transacdo ty_ (2) "tangible personal property transactions (.3) Stock and bond_ conuttodity, option arid other securities transactions. (4) Banking and other financial institution transactions. (i) Business operating transactions. (6) Insurance and annuity transactions. (7) Estate. trust. and other benefician, transactions. ,U (8) Living trust transactions. U (9) Legal actions. (10) Personal and family care. (1 1) Government benefits. (12) Retirement plan transactions. (I 3) tax matters_ (14) Gift transactions. These powers are defined in Part 13.. below. 5. Waiver of Attorney-in-Fact's Duty to File and Render Accounts I waive the requirement, set out in North Carolina Gen. Stat. § 32A-1 L that my attorney - in -fact file this power of attorney with the clerk of the superior court and render inventories and accounts_ after illy incapacity or mental incompetence, to the clerk of the superior court. 6. Compensation and Reimbursement of Attorney -in -Fact My attorney -in -fact shall not be compensated for services. but shall be entitled to reimbursement. from my assets. for reasonable expenses. Reasonable expenses include but are not limited to reasonable fees for inhumation or advice from accountants. lawyers or investment experts relating to my attorney-in-fact's responsibilities under this power of attorney. (N! Durable Po%ier of Attornev for Financial Management — Page 3 of 10 7. Personal Benefit to Attorney -in -Fact Adv attorney -in -fact may buy any assets of mine or engage in any transaction he or she deems in good faith to be in nry interest. no matter what the interest or benefit to my attorney -in -fact. 8. Commingling by Attorney -in -Fact My auornev- in- fact may not commimale any of my funds with any finds ofllis or hers. 9. Liability of Attorney -in -Fact My attorney -in -fact shall not incur any liability to me, my estate� my heirs. successors or assigns for acting or refraining from acting under this document. except for willful misconduct or gross negligence. ti4y attorney -in -fact is not requircd to make my assets produce income. increase the value of my estate, diversify my investments or enter into transactions authorized by this document, as long as my attorney -in -fact believes his or her actions are in my best interests or in the interests of my estate and of those interested in my estate_ A successor attorney -in -fact shalt not be liable for acts of a prior attorney -in- tact. 10. Nomination of Conservator or Guardian of Estate If. in a court proceeding, it is ever resoled that I need a conservator, guardian or other person to supervise my estate. I nominate my attorney -in -fact to serve in that capacity. 11. Reliance on This Power of Attorney Any third patty who receives a copy of this document may rely on and act under it. Revocation of the power of attonicy is not effective as to a third party until the third pane has actual knowledge of the revocation. I agree to indemnify the third party Ibr any claims that arise against the third party because of reliance on this power of attorney. 12. Severability Ifany provision of this document is ruled unenforceable; the remaining provisions shall stay in effect. 13. Definition of Powers Granted to Attorney -in -Fact The powers granted in Part 4. above, authorize my attorney -in -fact io do the following: (1) Rea/ estate transactions My attorney -in -fact may act for me in any manner to deal with all or any part of any interest in real property that I own at the time of execution of this document or later acquire, under such terns. conditions and covenants as ruv attorney-itt-titer (kerns Durable Power of Attorney for Financial ill anagement — Page 4 of 10 proper. My attorney-in-fact's powers include but are not limited to the power to: (n) ;Accept as a gift, or as security for a foan, reicet, dcrnantl_ huy. Icase, rcc•eive or otherwise acquire ownership or possession of any estate or interest in real property. (b) Sell. exchange, convey with or without covenants. quitclaim, release. surrender. ntortgage. encumber, partition or consent to the partitioning of, -rant options concerning. lease. sublet or otherwise dispose of anv interest in real property. (c) Maintain, repair, improve, insure, rent, lease, and pay or contest taxes or assessments on any estate or interest in real property I own or claim to own. (d) Prosecute. defend, intervene in, submit to arbitration. settle and propose or accept a compromise with respect to any claim in favor of or against me based on or involving, any real estate transaction. (2) Tcutcibte personal property tratrsactiotts Nly attorney -in -fact may act for me in any manner to deal with all or am° part of ally interest in personal property that I own at the time of execution of this document or later acquire, under such terms as my attorney -in -fact deems proper. Ply attorney-in- fact's powers include but are not limited to the power to lease, buy, exchange, accept as a gift or as security' for a loan. acquire. possess, maintain, repair. improve. insure. rent• convey, mortgage, pledge, and pay or contest taxes and assessments on any tangible personal property. (3) Stock and bond, connrtodi{y, option and other secztrities transactions \9y attoney-in-fact may do any act which I can do through an agent. with respect to any interest in a bond, share, otter instrument of similar character or commodity. My attorney-in-faci's powers include but are not limited to the power to: (a) Accept as a _'ift or as security for a loan, rziect, demand: huv, receive or othenvise acquire ownership or possession of any bond, share, instrument of similar character. commodity interest or any investment with respect thereto, together with the interest, dividends, proceeds or other distributions connected with it. (b) Sell (including short sales). exehange, transfer. reieasc, surrender. pledge, trade in or otherwise dispose ofany bond, share, instrument of similar character or commodity interest. (c) Demand, receive and obtain any money or other thing of value to which I am or Durabic Pnwer of Anorney for Financial Management — Page 5 of 10 may become or may claim to be entitled as the proceeds of any interest in a bond. share, other instrument of similar character or commodity interest. (d) Agree and contract,. in any manner, and with any broker or other person and on any terms.. for the accomplishment of any purpose listed in this section. (e) Execute, acknowledge, seal and deliver any instrument my attorney -in -fact thinks usefil to accomplish a purpose listed in this section, or any report or certificate required by law or regulation. (4) Banking and other financial institution transactions My auomey-in-fact may do any act that I can do through an agent in connection with any banking transaction that might affect my financial or other interests. My attorney- in-fact's powers include but are not limited to the power to: (a) Continue, modify and terminate any deposit account or other banking, arrangemmnt, or open eiihev m the name of ttte agent alone or my name alone or in both our names jointly, a deposit account of any type in any financial institution. rent a safe deposit box or vault space, have access to a safe deposit box or vault to Which I would have access. and make other contracts with the institution- (b) h4akc, sign and deliver checks or drafts. and withdraw nay funds or property from any financial institution by check, order or otherwise. (c) Prepare financial statements concerning my assets and liabilities or income and expenses and deliver them to any financial institution. and receive statements. notices or other documents Bona any, financial institution. (d) Borrow money from a financial institution on terms my attorney -in -fact deems acceptable, give security out of my assets, and pay, renew or extend doe time of payment of any note given by or on my behalf. (5) Business operating transactions Ivry attorney -in -fact may do any act that 1 can do through an agent in connection with any business operated by me that nay attorney -in -fact deems desirable. My attorney-in- fact's powers include but are not limited to the power to: (a) Perform any dutv and exercise tiny right. privilege or option which I have or claim to have under any contract of partnership, enforce the terms of any partnership agreement- and defend, submit to arbitration or settle any legal proceeding to which I am a party because of membership in a partnership. Durable Power of Attorney for Financial Management — Page 6 of 10 (b) I-'xcrcise in person or by proxy and enforce any right, privilege or option which I have as the holder of ally hond, share or insuunuau ofsimilar character and defend. submit to arbitration or settle a legal proceeding to which 1 am a party because of any such bond. share or instrument of similar character. (c) With respect to a business owned solely by me, continue. modify, extend or terminate any contract on my behalf; demand and receive all money that is due or claimed by me and use such funds in the operation of the business_ ern?aoe in banking transactions my attorney -in -fact deems desirable. determine the location of the operation, the nature of the business it undertakes, its name. methods of manufac(uring. selling, marketing. (inancing. accounting. 1i)rm oforganiztati n and insurance. and hiring and paying employees and independent contractors. (d) Execute, acknowledge, seal and deliver any instrument ofany kind that my attorney -in -fact thinks useful to accomplish any purpose listed in this section. (e) Pay, compromise or contest business tuxes or assessments. (1) Demand and receive money or other things of value to which I am or claim to he entitled as the proceeds of any business operation. and conserve. invest. disburse or use anything so received for purposes listed in this section. (6) Insurance and annuity transactions My attorney -in -fact may do any act that 1 can do through an agent, in connection with any insurance or annuity policy. that my attomcy-in-fact deems desirable. My attorney- in-fact's powers include but are not limited to the power to: (a) Continue, pay the premium on. modify. rescind or terminate any annuity or policy of life, accident, health, disability or liability insurance procured by tie or on my behalf before the execution of this power of attorney. Mc attorney -in -fact cannot name himself or herself as beneficiary of a renewal. extension or substitute for such a policy unless he or she was already the beneficiary before I signed the power of attorney. (b) Procure new, different or additional contracts of health. disability, accident or liability insurance on my life, modil}!. rescind or terminate any such contract and designate the beneficiary of any such contact. (c) Sell, assign, borrow on. pledge, or surrender and receive the cash surrender Value of any policy. Durable Power of Attorney for Financial Management — Page 7 of 10 (7)Fstate, trust and other beneficiary transactions My attorney -in -fact may act for me in all matters that affect a trust. probate estate, guardianship, conservatorship, escrow, custodianship or other fund from which I am. may become or claim to be entitled, as a beneficiary, to a share or payment �4y attorney-in-fact's authority includes the power to disclaim any assets which I arn. may become or clainn to be entitled, as a beneficiary, to a share or payment. (8) Living trust transactions My attorney -in -fact may transfer ownership of any property over which lie or she has authority under this document to the trustee of a revocable trust I have created as setttor. Such property may include real property. stocks. bonds, accounts with financial institutions, insurance policies or other property. (9) Legal actions My attorney -in -fact may act for me in ail matter that affect claims in favor of or against me and proceedings in any court or administrative body. M-y attorney-in-fact's powers include but are not limited to the power to: (a) I -lire an attorney to assert any claim or defense before any court, administrative board or other tribunal. (b) Submit to arbitration or mediation or settle any claim in favor of or against me or any litigation to which I am a party, pay any judgment or settlement and receive any money or other things of value paid in settlement. (10) Personal and jamilp care My attorney -in -fact may do all acts necessary to maintain my customary standard of living, and that of my spouse and children and other persons customarily supported by or legally entitled to be supported by me. My attorney-in-fact's powers include but are not limited to the power to: (a) Pay for medical, dental and surgical care, living quarters, usual vacations and travel expenses. shelter, clothing, food, appropriate education and other living costs. (b) Continue arrangements with respect to automobiles or other means of' transportation. charge accounts. discharge of any services or duties assumed by me to any parent. relative or friend, contributions or payments incidental to membership or affiliation in any church. club, society or other organization. Durable Power of Attorney for Financial Management — Page 8 of 10 (11) Government benefits My attorney -in -fact may act for me in all matters that affect my right to government benefits, including Social Security, Medicare. Medicaid,. or other governmental programs, or civil or military service. My attorney-in-fact's powers include but are not limited to the power to: (a) Prepare, execute, file, prosecute, defend, submit to arbitration or settle a claim on my behalf to benefits or assistance, financial or otherwise. (b) Receive the proceeds of such a claim and conserve, invest, disburse or use them on illy behalf'. (12) Refirement plan transactions \ply attonncy-in-fact may act for me in all matters that affect illy retirement plans. My attorney-in-fact's powers include but are not limited to the power to select payment options under any retirement plan in which I participate, make contributions to those plans, exercise investment options, receive pavnnent from a plan, roll over plan benefits into other retirement plans, designate beneficiaries under those plans and change existing beneficiary designations. (13) Tax matters My attorney -in -fact may act for me in all matters that affect my local, state and federal taxes. Mq attornev-iit-fact's powers include but are not limited to the power to: (a) Prepare. sign and file federal, state, local and foreign income, gift, payroll, Federal Insurance Contributions Act returns and other tax returns. claims for refunds. requests for extension of time, petitions, any power of attorney required by the Internal Revenue Sen ice or other taxing authority, and other documents. (b) Pay taxes due, collect refunds, post bonds, receive confidential information, exercise any election available to me and contest deficiencies determined by a taxing authority. (14) Giff transactions My attorney -in -fact may make gifts and other transfers of my property without consideration or with less than full consideration, including forgiveness of debts owed to nhe and completion of charitable pledges that 1 have made. However, 111v attornev- in-fact shall not (i) appoint, assign or designate any of illy assets, interests or rights directly or indirectly to himself or herself, or his or her estate or creditors, or the Ournble Power of Attorney for Financial Management —Pig c 9 of In creditors of his or her estate, 60 disclaim assets to which I would otherwise be entitled if the effect of the disclaimer is to cause such assets to pass directly or indirectly to my attorney -in -fact or his or her estate, or (iif) use my assets to discharge any of his or her legal obligations, including any obligation of support owed to others. excluding me and those I am legally obligated to support. I understand the importance of the powers I delegate to my attorney -in -fact in this document. I recognize that the document gives my attorney -in -Pact broad powers over ntc assets, and that these powers will become effective as soon as I sign this document and continue indefinitely unless I revoke this durable power of attorney. Jti Signed this day of �Ef V �I qLc-��_, State ol`North Carolina, Count), of -Q �" E<E Signature: —(I &A l a,., v l ,(J� CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of North Carolina ) ) ss. County of On r�f�r 'A^�y , (o. . before me, 04,2 f y C !� NC L') notary public in and for said state, personally appeared -Jc y C LI I C �.: L 14S b �- , personally known to me (or proved on the basis of satistactory evidence) to be the person whose name is subscribed to the within instrument. and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public for the State ofNorth Carolina [NOTARIAL SEAL,] My commission expires: Durable Power of Attorney for Financial Management — Page 10 of 10 Baldwin Design Consultants,PA ENGINEERING SURVEYING PLANNING January 2, 2013 NCDENR — Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Attn: Kelly Johnson, Environmental Engineer REF: Request for Additional Information Stormwater Project No. SW8 121019 Beaufort Spring Carteret County Dear Ms. Johnson: ECEIVE JAN 0 3 2013 BY.•��_ Thank you for your recent comments regarding the Beaufort Spring project in Carteret County. In response to your comments in your letter dated November 30, 2012, please find the following information: Comment #1 Natural Features: The "natural area" at the northernmost portion of the tract appears to be wetlands on Google Earth's aerial imagery. Additionally, the site is located on or in "blue line" areas on the USGS Topo map. Please work with a consultant to verify if wetlands andlor streams are present and then contact Christie Whicker with the CORPS of Engineers for further guidance (910.251.4637). If applicable, all streams and wetlands must be labeled on the plan, and streams must have a 50ft vegetated buffer measured from the Top of Bank (TOB) of the stream. Wetlands do not have to be buffered. Response #1 Please find attached email from Joanne Steenhuis of your office indicating that streams are not present on the project site. We are currently working with a consultant, Jay Johnson, regarding the possibility of wetlands existing on the site. We are still waiting on his report, expect to receive it by the end of this week, and will forward to you as soon as we receive it. We are also currently in the process of contacting the U.S. Army Corps to conduct a site visit, and will forward you their report once it is completed. Comment #2 Signature:. The application is signed by the property owner's Attorney in Fact. Please provide documentation of the arrangement between Joyce Gibbs (the property owner) and the attorney (name unknown) which gives her attorney signature authority to sign the permitting documents on her behalf. Response #2 Please find attached the legal document showing that Samuel C. Gibbs III has "Power of Attorney" for Joyce V. Gibbs, which empowers Samuel C. Gibbs III to act on behalf of Joyce V. Gibbs in legal matters and business transactions. 708-D CROMWELL DRIVE • GREENVILLE, NORTH CAROLINA27858 TEL 252.756,1390 • FAx 252.321.1412 • www.BALDWINDES IGNCONSULTANTS.coM Comment #3 1. Calculations: a. Incremental Areas/ElevationslVolumes Table: Please show the temporary pool elevation (10.5msl) in this table. b. Level Spreader/ Vegetated Filter Strip (LS/VFS): i. Please provide design calculations for the level spreader lip's length. ii. Please ensure that the design complies with the "no discharge" requirements of the 2008 Rule (SL2008-211, Section 2(b), (1)(c)) because the project is within a half mile of and draining to shellfish (SA) waters. The most popular method for complying with a design consisting of a wetland to a LS/VFS is to provide a qualitative discussion of the soils, slope, and vegetation in the filter strip area to show that the filter strip will effectively infiltrate the stormwater. Another option is to provide calculations showing that the filter strip is large enough to provide effective infiltration. Or, there could be any number of other options that you may propose to demonstrate compliance. ReSDonse #3 Please find the revised "Constructed Stormwater Wetland and Peak Flow Attenuation Calculations" with the revisions per your comment, including a discussion of the filter strip to show it will provide effective infiltration. Comment #4 Impervious Area: The two lots' impervious area on the deed restriction documents sum to 141, 846sf (55, 931 sf+85, 915sf), which is greater than the impervious area proposed for the project, 139,784sf, and it appears that the road is contained by the two lots. Please make any necessary corrections. Response #4 Please find revised Sheet 3 of the Stormwater Management Permit Application Form, showing that 141,738 of the total 141,846 SF of impervious area proposed on the project site is treated in the proposed Constructed Stormwater Wetland and Level Spreader and Vegetated Filter Strip. The only proposed impervious area on the project site not treated in the proposed Constructed Stormwater Wetland and Level Spreader and Vegetated Filter Strip is 108 SF of sidewalk located in the extreme southwestern portion of the tract. This 108 SF of sidewalk will be infiltrated in a proposed "stilling basin" located surrounding Drop Inlet #4. Comment #5 Plans a. Project Area: Please label the outline of the area to be covered by the permit on the plans. b. Drainage Area Map: Please clarify the drainage area to the stormwater wetland. Two drainage area maps have been provided, and sub -drainage areas with their acreage have been labeled, but the sum of the sub -drainage areas is larger than the drainage area shown on the application (256,568sf/5.89ac). i. Do both lots drain to the wetland, or just Lot 2? If Lot 1 does not drain to the wetland, how will the impervious on Lot 1 be treated? The swales along the two long edges of Lot 1 appear to either provide collection to drain Lot 1 to the stormwater wetland, or to drain Lot 1 offsite. Please provide invert elevations of these ditches. ii. Please also clarify how the offsite area shown on the drainage area map is related to the permit. The application shows that there is not any offsite drainage area. c. Effective Infiltration: Please label the effective infiltration area on the plans. d. Swales: Please ensure that swales are provided at 3:1 or flatter. e. Invert Elevations: Please show all invert elevations for swales and pipes where you have not done so already. f. Grading/Spot Elevations: Please provide additional grading and/or spot elevations to show the direction of flow of all of the impervious area draining to the stormwater wetland. Please show the direction of flow on the road, both lots' drainage, as well as the roof downspouts. For instance, how will drainage from the building/parking on the northern edge of Lot 2 get to the swales? Drainage appears to go downhill to elevation 12msl and then potentially to the natural area rather than to the swales draining to the BMP. (The upper invert of each swale is higher than 12ms1.) g. Stormwater Wetland Dimensions: Please show the dimensions of the lengths and arcs of the permanent pool on the plans. h. Outlet Device: i. On Sheet 9, there is a Faircloth skimmer draining to the LSNFS. There is also a 4" PVC with a 3" drilled cap at upper invert 9.5msl which appears to be the outlet device, but the 4"pipe does not drain to the LSNFS. Please make the necessary corrections such that the stormwater wetland drains to the LSNFS in order to provide effective infiltration. ii. Please show the outlet orifice elevation and diameter on the outlet control structure detail. i. Drainage Easements: Please ensure that the collection system draining to the BMP is included in the drainage easement. j. Level Spreader: Please provide a level spreader detail showing all dimensions and elevations. Please also show "level" elevations for all elevations parallel to the lip, and show that the filter strip flows downhill from the lip flowing to the ditch. Please show the material that the level spreader will be constructed from. It must be constructed from concrete or some other permanently stable material. k. Planting Plan: Please provide a planting plan showing the locations, types and numbers of plants to plant in each wetland zone. Response #5 ►ff. Please find the area to be covered by the permit (ie, the 8.238 acres of project site area) outlined in orange highlighter and labeled on the revised drainage area map. . b. Please find the revised drainage area maps. The drainage maps have been simplified, eliminating off -site areas which do not drain to the proposed constructed stormwater wetland. The off -site areas delineated on the previously submitted drainage maps were shown for the sizing of culverts that drain this off -site area. Area from both Lots 1 and 2 drain to the wetland, including almost all impervious surfaces in both lots proposed at this time (with exception of small area from sidewalk in southwestern most portion of tract which is infiltrated in a "stilling basin"). Most of the area in Lot 1 (ie, the 1.51 acres shown on the revised drainage area map) will not drain to the Constructed Wetland after the current proposed development (during which most of Lot 1 remains undeveloped). This portion of Lot 1 not draining to the Constructed Wetland will contain zero impervious surface. After Lot 1 is fully developed at some point in the future, storm drainage will be designed so that all of the impervious area added at that time will drain to the Constructed Wetland. c. Please find on revised Sheet 5 of plans that the 50 Vegetated Filter Strip has been labeled as "Effective Infiltration Area". Also, please find on revised Sheet 4 of plans that the "stilling basin" (located around Drop Inlet #4) treating the sidewalk located in the extreme southwestern portion of the tract has been labeled as an "Infiltration Area." d. Please find on revised plans that all swales are 3:1 or flatter. e. Please find on revised plans invert elevations for swales and pipes. f. Please find on revised plan grades showing the direction of drainage in the lots. Please note on revised Sheet 5 of plans that a 93 LF ditch has been added north of the proposed building to capture runoff from the building and sidewalk. All of the parking area at the northern edge of Lot 2 drains to the West and is captured in the 198 LF ditch that drains to the Constructed Wetland. Please find roof downspout locations shown on the building, using "DS" notation. g. Please find on revised plans the lengths and arcs of the permanent pool shown (ie, the 9.50 ft contour). In. Please find on revised plans that the 3" orifice has been revised to drain into the outlet control structure and then to the Level Spreader and Vegetated Filter Strip. i. Please find on the revised plans that the collection system draining to the BMP is included in the drainage easement. j. Please find on revised Sheet 5 of plans the revised detail for the Level Spreader and Vegetated Filter Strip showing all dimensions and elevations, and other items per your request. k. Please find on revised Sheet 9 of plans the "Constructed Wetlands Plant Schedule" with the types and numbers of plants to plant in each wetland zone, and the locations for these plants shown with shading on the plan of the Constructed Wetland at 1 "=20' scale. Comment #6 Supplement: The supplement shows that 3,900 plants will be provided in the shallow land areas. Please specify the number of each type of plant (herbaceous, shrubs, and trees) on the supplement form. Response #6 Please find the revised "Wetland Supplement" form, specifying 3,900 herbaceous plants. I hope the information provided accompanying this response letter will prove sufficient in the continued review of this project. Please contact me if you have any questions or need additional information. Sincerely, *T vw"— VGL� Matthew D. Williams, PE Cc: Project file #:10-104 CONSTRUCTED STORMWATER WETLAND AND PEAK FLOW ATTENUATION CALCULATIONS ECEOVE JAN 0 3 2013 BEAUFORT SPRING BY: - Project #: 10-104 Carteret County, North Carolina October 18, 2012 Revised January 2, 2013 CARp"`�i 'n _=•o- - •a SEAL v�-- 036772 - GIN` &&�� ✓� Matthew D. Williams, P.E. /- z -/3 Date 708-D CROMWELL DRIVE •.GREENVILLE, NORTH CAROLINA27858 TEL 252.756.1390 - FAx 252.321.1412 • www.BALDWINDESIGNCONSULTANTS.com Baldwin Design Consultants, PA 3OB Beaufort Spring r Design, Land Planning a Surveying SHEETNO, 1 OF 1 708-0 Cromwell Drive GALCULlkTED BY mew DATE 1=013 Greenville, NO 27858 CHECHEDDY DATE (252)75661390 SCALE Storthwaler Welland Surface Area Sizing Drainage Area = 5,93 Acres (including future development retail lot) %Drainage Area Impervious - 54 87 % (including future development retail lot @ 70%impervious) Runoff Storaae Volume Requirements Runoffvolume from 1.5 Inch storm Rv=0.05a.009(0 1= 54,87 % Rv = 0.54 inches/aches Volume = (Design rainfall)(Rv)(Dramage Area) = (15 inches)(0.54 in/n)(5.93 arse) Volume = 0.40 ac-ft 17,560 cf Runoff volume from one-year 2441our storm (preEevelopmenl) Rv=0.05,.009(I) 1= 0.00 % Rv 0.05 inWes/nches Volume = (Design rainfal0(Rv)(Dramage Area) = (366 inches)(0.05 iNn)(8.238 acre) Volume = 0.13 ac-ft 5,472 d Runoff volume from one-year 24�hour storm (postAeveloument) Rv=0.05-009(0 1= 39,52 % Rv = 0,41 inches/nches Volume = (Design minfall)(Rv)(Drainage Area) = (3,66 inches)(041 imm)(8.238 acre) Volume = 1.02 ac-fl 44,403 cf Must store 38,931 cf of water to be drawn down over 2-5 days above the permanent pool elevation Wetland Surface Area Total Required Surface Area = Runoff Volume / Depth of Temporary Pool Depth of Temporary Pool = 12" Total Required Surface Area = 38,931 tl/ 1.0 it 38 9: 38,931 at must be provided at permanent pool elevation for credit as a BMP SAprovided = 39000 SF BMP's provided by this pocket weUand = 1 00 Stage Storaae Data surface diff. accum. Elevation area alev storage storage Elevation Stage Penn Poet 9.50 15600 - 9SO 0.50 14,311 10.00 41,643 14,311 1000 0S 0.50 21,566 10.50 44.622 35.877 10.50 1.0 0,50 23.055 11.00 47.598 58,932 11.00 1.5 1.00 50,641 12.00 53,683 109.573 12.00 2.5 0,25 14,011 12.25 58.403 123 583 12.25 2.8 Death Distribution of Permanent Pool to Meet Pocket Wetlands Criteria Permanent Pool Elevation = 9.50 Total Area of Welland = 39000 SF Required Depth DisldbuUon Surface Areas Shallow Land (12" depth) 40% = 15,600 SF fmm PP to 10.50 Shallow Water(3"-6" depths) = 40% = 15.600 SF from 9.50 to 9,00 Deep Pools (18"-36" depth) = 20% = 7.800 SF from PP to 8.00 Provided Depth Distribution Surface Areas Provided Shallow Land (12-depth) = 40.0% 15,600 SF horn PP to 10.50 Shallow Water (3"-6" depths) = 40.0% = 15.600 SF from 9SO to 9.00 Deep Pools (1W 36" depth) = 20 0% = 7,800 SF from PP to 8,00 Baldwin Design Consultants, PA Design, Land Planning, 3 Surveying 708-0 Cmmv,ell Drive Greenville, NC 27868 (252)756-1390 STORM WATER DETENTION ROUTING FOR BEAUFORT SPRING Total Tract Developed (Including "Future Development" Retail Lot) Beaufort, NORTH CAROLINA 1 Year 24-Hour Storm or 80 % 2 Year 24-Hour Storm 112113 1 year storm Total watershed area 8.24 acres Impervious Area C. 0.95 CN= 96 0.00 acres Managed Pervious Flat Lawn<2% C. 0.15 CN= 61 0.06 acres Wooded C= 0.20 CN= 36 8.18 acres Hydrologic Sail Group B Hydraulic Length Overand 137 Channeled 1370 feet Vertical Relief Overland 3.2 Channel¢ed 3.2 feet 1 yr rainfall 3.66 inches Time of Concentration channel flow Bee Overland Channeled L 2.9 21.0 23.9 minutes 128 Composite C based on published values (exhtbd 1-Maleom) 0.20 8 R g h Rainfall Intensely = ! = 2 132 18 3.15 inches per hr (h+T 10 203 22 25 246 23 100 302 25 Peak Discharge Q = C/A 4.15 eta 1 year storm (80%2-year) 2 Slte CondlOons Post Development Total watershed area 8.24 acres Transporation Impervious C= 0.95 CN= 98 1.95 acres Building C= 1,00 CN= 98 1.31 acres Managed Pervious Flat Lawn<2 % C= 0.15 CN= 61 342 acres Wooded Pervious C= 0.20 CN= 36 1.56 acres Hydrologic Soil Group 8 Hydraulic Length Overland 36.00 Pipe Channel 84.5 Ditch Channe: 559 It Vertical Relief Overland 1.57 Pipe Channel 1.50 Ditch Channe'. 1.5 it 1 yrrainfall 366 inches Design Hydrograph Formulation Composite CN 70.9 000 4 11 5=--10 CN Runoff (P-0.2S)' 1.16 inches Q• _ P+0.8S Time of Concentration channel flow (not overland) L' ° yea Overland Pipe Channel Ditch Channel 0.2 + 0.2 + 100 = 10.3 minutes H 1` 128 Composite C = 0.48 8 R 9 h Rainfall Intensity= /= 2 132 18 466 inches per hr(2-yr stomp (h+T 10 203 22 25 246 23 100 302 25 Peak Discharge Q = C/A Time to peak Vol T = ° 1.39Q• 14.84 cfs (80% 2-year) 28.0 minutes Allowable release at impoundment (pre -bypass) = 4A5 cis Peak rate of inflow at impoundment (pre -bypass) = 1464 cis Allowable release at impoundment(post-bypass)= 2.56 cfs Peak rate of inflow at impoundment (post -bypass) = 13.26 cfs BYPASSED FLOW (2.31 acres of site area) Area(ac) C I(In/hr) Transportation 0.00 0.95 Roof 0.00 1.00 4eyws:ea 1.59 cfs (80%2-year) Managed Pervk u: 075 0.15 Wooded 1.56 0.20 Total 2,31 0.18 466 1 year storm 3 STAGE STORAGE DATA surface dlff. accum. Elevation area elev storage storage Elevation Stage 9,50 15,600 9.50 0.50 14,311 MOO 41.643 - 14,311 10.00 0.50 0.50 21,566 1D.50 44.622 35.877 10,50 1.00 0.50 23,055 11.00 47.598 58.932 11.00 1.50 1.00 50'"1 12.00 53.683 - 109,573 12.00 2,50 0.25 14,011 12.25 58,403 - 123.583 12.25 2.75 Storage elevaticnCranimum storage volume 10.50 msl Z Computed Storage Stage LN(slorage) LN(Stzge) Stage 58,932 1,50 1,53 109,573 2.50 11.60 0.92 2.50 123,583 2.75 11.72 1.01 2.75 I( G=N`5'� 1.26 ) �(2 Z, Sr K,= 34,459.14 Z-16 ( S. Z=r 0.31 K J 10.50 feet msl Sae Outlet Device for Control Structure nven elevation = 9.50 feet msl estimated onfice center elev. = 9 63 feel mist Average Head Elevation = 10.50 feet msl Average Head = 0.33 feet discharge (d) = 2.6 cis coefficient of discharge = 0.6 Q of orifice 0.136 cfs Draw doom of storage volume 3.30 days Orifice equation Q=C,A 2gh 1.08 inches SAY 3 inches orifice will drain temp storage in 3.30 days 1 year storm 4 Peak Inflow = 13.25 cfs Time to Peak = 28.0 min Orifice Tamp Structure Total Time Inflow Outflow Outflow Overflow Outflow T (min) O (cfs) O ( cfs) O (CIS) O (cfs) O ( cfs) 0 0,00 0.00 0.00 0.00 0.00 5.00 1.01 0.00 OM 000 0.00 10.00 3.74 0.00 0.00 0.00 0.00 15.00 7.35 0.00 0.00 0.00 0.00 20.00 10.74 0.00 0.00 0.00 0.00 2500 12.87 0.00 0.00 0.00 - 0.00 30.00 13.10 0.00 0.00 0.00 0.00 35.00 11.35 0.00 0.00 000 0.00 4000 9.00 0.00 0.00 0.00 0.00 4500 7.14 0.00 0.00 0.00 0.00 50.00 5.66 0.00 0.00 0.00 0.00 55 00 4,49 0.00 0.00 0.00 0.00 60.00 3.56 0.00 0.00 000 0.00 65.00 2.82 0.00 0.00 0.00 0.00 70.00 2.24 0.00 0.00 0.00 0.00 75.00 1.78 0.00 0.00 0.00 0.00 80.00 1.41 0.19 0.00 0.00 0.19 85.00 1.12 0.19 0.00 0.00 0.19 90.00 0.89 0.19 0,00 000 0.19 95.00 0.70 0.19 0.00 0.00 0.19 100.00 0.56 0.19 0.00 0.00 0.19 105.00 0.44 0.19 0.00 000 0.19 110.00 0.35 0.19 0.00 0.00 0.19 115.00 0.28 0.19 0.00 0.00 0.19 120.00 0.22 0.19 0.00 000 0.19 12500 0.17 0.19 0.00 0.00 0.19 130.00 0.14 0.19 0.00 0.00 0.19 135.00 0.11 0.19 GM 0,00 0.19 140.00 0.09 0.19 0.00 0.00 0.19 14500 0.07 0.19 0.00 0.00 0.19 150.00 0.05 0.19 0,00 0.00 0.19 155.00 0.04 0.19 0.00 0.00 0.19 16000 0.03 0.19 0.00 0.00 0.19 165.00 0.03 0.19 0.00 0.00 0.19 170.00 0.02 0.19 0.00 0.00 0.19 17500 0.02 0.19 0.00 0.00 0.19 180.00 0.01 0.19 0.00 0.00 0.19 1 a5.00 0.01 0.19 0.00 0.00 0.19 190,00 0.01 0.19 0.00 0.00 0.19 195.00 0.01 0.19 0.00 0,00 0.19 200.00 0.01 0.19 0.00 0.00 0.19 20500 0.00 0.19 0.00 0.00 0.19 210.00 000 0.19 0.00 0.00 0.19 215.00 0.00 0.19 0.00 0.00 0.19 22000 0.00 0.19 0.00 0.00 0.19 225.00 0.00 0.19 0.00 0.00 0.19 230.00 0.00 0.19 0.00 0.00 0.19 235.00 0.00 0.19 0.00 0.00 0.19 24000 0.00 0.19 0.00 0.00 0.19 245.00 000 0.19 000 0.00 0.19 250.00 0.00 0.19 0.00 0.00 0.19 25500 0.00 0.19 0.00 0.00 0.19 260.00 000 0.19 0,00 0.00 0.19 265.00 0.00 0.19 0.00 0.00 0.19 270.00 0.00 0.19 0.00 000 0.19 275.00 0.00 0.19 0.00 0.00 0.19 280.00 0.00 0.19 0.00 0,00 0.19 285.00 0.00 0.19 0.00 0.00 0.19 290.00 0.00 0.19 0.00 0.00 0.19 295.00 0.00 0.18 0.00 0.00 0.18 300.00 0.00 0.18 0.00 0.00 0.18 305.00 0.00 0.18 0.00 0.00 0.18 1 year storm uuolsleaA L U Wee ilmlo glBue-1 ISW SB'LL AeMIIIdS A3usBlew3 U 00'9 11emlo Lf Bue-1 amlowlS IoQuoO Iallno to dot ISW IFS, LL MOUlaeO wnjur S uuols leaA-Z%091m1um of USL'L item to Wfluel OWnlOn uouw lot uplenal310od/jwodwal ISW 09'01. 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Tune of Coneentration channel lbw ' Ovedend CSannehized H 2.9 21.0 23.9 minutes 128 Compoe8e C based on published values (evhbit 1-Malcom) 0.20 8 S a h Rainfall lntensiry= 1 = 2 132 18 462 mehes perhu (h+T) 10 ¢113 22 25 2<8 23 too 302 25 Peak Mscbarye Q = C/A 7.28 cls 10 year ston, Total watershed area 614 ades Transporation C= 0.95 CN= 98 1.95 a r Building C= 1.00 CN= 98 1.31 acres Managed Pervious Flat Lavm4% C= 0.15 CN= 61 3.42 acres Wooded C= 0.20 CN= 36 1.% acres Hydrologic Soil Group B Hydraulic Length Overland 3600 Pipe Chann<I Be Dtcr Channel 559 ft Vedieal Relief Overland 157 Pipe Channel 1.50 Cacti Channel IS ft 10 Year Rainfall 687 inches Design Hydmgrf h Formulation Composite CN 709 000 S=__IO 4 n CN Runon (P-02S) 3.60 inches 0.. P, US Time of concentration channel flow (not overland) r „'Barr Overland Pipe Channel Whip Channel II L 02 ` 02 . - 100 10.3 minutes H I?B Composite C = 048 8 R g In Rainfall Intensity = /= 2 132 18 628 inches per hf (nor) 10 203 22 25 246 23 100 302 25 Peak Disdtaye Q=CIA 2i00 cM1 Time to peak T = f al 1.39Q 51.2 minutes Allowable release at impoundment (pre bypass) = 728 ds Peak rate of inflow at impoundment (pre -bypass) = 2500 cls Allowable release at impoundment(post bypass)= 4.60 tits Peak rate of inflow at impoundment (post bypass) = 22.33 ds BYPASSED FLOW (2.31 acres of eke area) Area(ac) C ITafbr) Transportatbn 0.00 0.95 Root 000 1.00 Qbypassid 2.69 oft Managed Pen4 0]5 0.15 Wooded I 020 Total 2.31 0.18 628 10 year slmm 3 wince d'm. Etevadon rte elev store'. store.. Eteveoon Stege 950 15600 9.50 am 050 14.311 law 41643 14,311 10,00 0.50 050 21.566 10,5c) 44,622 35.377 10.50 1,00 0.50 23055 11 00 47.598 58,932 11.00 160 100 50.641 12,00 53.683 109.573 12.00 250 0.25 14011 12.25 58,403 - 123,583 12,25 225 Storage elevaf on®minimum storage volume 10.50 msl 2 Comported Stange Stage LN(stonge) "(Slog.) Stege 14,311 050 0.50 58.932 1 so 10.98 0,41 1.53 109,523 250 11.60 092 2.50 123,583 225 11.72 1,01 225 (z. bra 1.26 S. .e. .r1 �1 34 as9.ta 5.�,. z= 031 K 10.50 feet orsl S'do Oubal Device for Control Stmuuw evert elevation - 9.50 feet rest estimated orifice center elev. = 963 feet mel Wopoxd water surface elev. = 10,50 feet mel Average head (0)= 033 feet dis .,. 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Baldwin Design Consultants, PA D—Ign,l Pv .66u—e 208L C-11 Dm. G—AN, NC 2266! (26217%-1]W STORM WATER DETENTION ROUTING FOR BEAUFORT SPRING Total Tract Developed (including "Future Development' Retail Loll Beaufort, NORTH CAROLINA 100 rear sl.a 1w1] 10o year semi Sits COMiBotu PrseaualopmarA Total watershed area 8.24 .,as Impembu, Area G 095 CN• 98 0w acres Managed Porrious Flat Lawn<291, U 0.15 dl= fit 006 as wooded G 0.20 Ql• w 8.is as Hydrologic Soil Group B Hydmulb Length OverWnd 132 Channelized 1370.0 feel Venial Relief cY na. 32 Channalbed 12 feel IN Year Rainfall 11.43 inns Time of Cencentmlion Nannel fib— H 2.9 128 Compoiile C based On published values (simian 1-MakOm) R Rainlill lntensiry= (= g 2 (h+T10 25 100 Peak Dacim ga Q = CIA SBa Cabbloho Post Dewbpmerl4 0 132 203 246 302 219 M1 18 22 23 25 23.9 mmutes 0,20 6.18 inches per to 10.16 cis Total watershed area 8,24 acres Trani,ioation lro mvbuz U- 095 CN= 98 1.95 acres Burling C= Lw CN= 98 1.31 acres Managed PerviOue FWI tawn<2% C= 0.15 CN= 61 3.42 acres Wooded Pervious C= 0.20 CN= 36 L56 acre, Hydrologic Soil Group B Hydraulic Length O eNnd 36.00 Pipe Channel 04.5 DIch Uannel 559 it Vertical Relief Ovenand 1,57 Pipe Channel 1.50 Wdr Channet 1.5 f1 100 Year Rainfall 11 43 inches Oaspn Hydrogmph FOrmulatipn C m,kple CIA 909 1000 4 11 CN R..H -02S)' 765 inches Q•(P P+O.BS Time of ncarinmon channel lbw (not oYarlandi °'•• Nodapt Pip, Ch mmel Lltchr Channel 02 H ° 0.2 a . 109 10.3 imirrta es _ ` 128 eoimPosee C = 048 8 R 9 h Rainfall lnleneily= I= 2 132 16 B64 inches Per hr (h+T) 10 203 22 25 246 23 IN W2 25 Peak Discharge Q = C/A UAL pfa Time to Peak T _ Vo( ` 1390 79.2 lemma, Peak role of inflow at impoundment (pro bypass) = 31A1 da Peak rate of inflow at impoundment (par bypass) = 30.73 cis BYPASSED FLOW (131 achis a add aru) Anti C kuhril Tranewromon 0.00 0,95 Roof 000 L00 Itoo,olmos 3.68 cfa Managed Peni 0.25 0,15 Wooded 156 020 Total 2,31 0.18 8.64 100 year storm 2 STAGE STORAGE DATA and.. lint. EkvaNan area elev at..,. atoe. n Elevatlon Stage 950 15,600 - - 950 coo 0.50 14,311 low 41 643 1,i31l low 0.50 0.50 21,556 1050 44,622 35.877 10.50 1M 050 2]055 11,00 a7,598 58.932 1100 1.50 1.M 50"1 12M 53,683 - 109,523 12M 250 - 0.25 14,011 12.25 58 403 - 123,583 1225 2,75 Storage elevatiol�minimum storage volume 10.50 msl Z c nnpwed Storage Slag. 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PP.mmmmm.... .. ..... d 0 0 m t n< rvrvrvrv� mrvrvrvrvnNm_------Pmmnnmmmmvvvrvmmrvrvrvrv----------00N00mNN0NNOmmmm r o � 8888888888888S88N,888888 SS88 8885 SS88 S88S88 88S8S88888888S88S N,888888888 8 8o p: �° �y �: --ry N.e,Sv<9tm mmnnmm 8g---'--- ---------grvnnnnnnrvn�«n'Rn�$rxrv8,4mmmSRmA��m'R mnmS39's� �o dg8 �t Level Spreader Design Calculations and Vegetated Filter Strip Discussion PROJECT: Beaufort Spring Carteret County, North Carolina December 21. 2012 Required Level Spreader Length Per BMP Manuel, criteria for sizing Level Spreader is 10 linear feet per CFS of flow from the 10-year storm. Per stormwater routing, the discharge to the Level Spreader for the 10-year storm is 4.29 cfs Therefore, minimum length of level spreader = 4.29 cfs x 10 ft/cfs = 42.9 ft Level Spreader Length Provided: Level Sprader Length Provided = 43 ft l Qualitative Discussion of Vegetated Filter Strip as to how it provides Effective Infiltration As discussed in detail below, the soils, slope, and vegetation of the proposed Vegetated Filter Strip will effectively infiltrate the stormwater runoff from the Level Spreader. Per the soil report by Terracon (attached with Stormwater Management Permit Application) conducted in May of 2011, the soil in the area of the Vegetated Filter Strip is "silty fine sand", "slightly clayey silty sand" and "slightly clayey silty fine sand". According to the soil testing report by Aston Soil Works (attached with Stormwater Management Permit Application) conducted in June of 2011, the hydraulic conductivity or infiltration rate of the soil in the area of the Vegetated Filter Strip is 0.924 in/hr. This infiltration rate is well above the minimum required infiltration rate of 0.52 inches per hour specified in the BMP Manuel for Infiltration Devices. A slope of 0,46% is proposed for the Vegetated Filter Strip. This is well below the maximum of S% slope allowed by the BMP manuel for an engineered Vegetated Filter strip used in this situation. The vegetation proposed for the Vegetated Filter strip is a combination of tall fescue, centipede, and bermuda grass. Given that grassed vegetation is the best vegetation for infiltration according to the BMP Manuel, the use of grass for this proposed Vegetated Filter Strip will maximize the amount of effective infiltration of stormwater runoff. 1l /2013 Yi_engineering proieclstBeaufort SpringNttenuation-Routing\total Tract nevelopedcomtruded Weill 1-2131evel Spreader & Filter San Johnson, Kelly From: Johnson, Kelly Sent: Wednesday, December 19, 2012 9:45 AM To: 'Matthew Williams' Subject: FW: Beaufort Spring, SW8 121019 Attachments: 0000_Regulations_1003. pdf Matthew, I got your voicemail about the issue with the signature authority. I am sorry to hear that she is in the hospital. I have attached the regulation that specifies who can sign the application forms (see Section Q. Since this is a legislative requirement I don't have a lot of flexibility about who can sign the forms. Is there an alternate way that you can think of to accomplish these requirements? If not, I will have to issue a deadline extension so that she can sign it when she is out of the hospital. If that will be necessary, please propose a date. Thanks, Kelly From: Johnson, Kelly Sent: Tuesday, December 11, 2012 8:41 AM To: 'Matthew Williams' Subject: FW: Beaufort Spring, SW8 121019 Matthew, I talked to WaRO about collecting impervious near where the entrance drive meets the main road. They said that they try to collect as much BUA as possible. They said that there may have been a few projects in the past where it was not possible to collect a small portion of the entrance road, but those were few and far between. (They also do not have many projects subject to the SA rule). I have attached an example of a compromise that we reached with another project in the same situation a while back. This may work for your project as well. Basically, there are two "stilling basins" at the end of the entrance drive that hold the water for a while so that it can infiltrate as much as possible to meet the intent of the SA no -discharge rule. KJ From: Johnson, Kelly Sent: Friday, November 30, 2012 10:42 AM To: 'Matthew Williams' Subject: Beaufort Spring, SW8 121019 Matthew, Please see the attached letter which will be mailed today. Have a good weekend, Kelly ***My email has changed to kelly.a.iohnson@ncdenr.eov I UW0hwsow Kelly Johnson Environmental Engineer Division of Water Quality Stormwateir Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 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. Johnson, Kelly From: Johnson, Kelly Sent: Wednesday, December 19, 2012 10:01 AM To: 'Matthew Williams' Subject: RE: Beaufort Spring, SW8 121019 Matthew, I was out of the office unexpectedly Mon & Tues. I also just sent you an email about #1 from your voicemail, probably at the same time you were writing the one below. As for the planting plan, if the plans already show what will be planted where that is fine. I generally include a statement about the planting schedule when there are other items that come up that could affect the planting's design such as the amount of impervious in #4 or the need for the # of plants in #6 so that when I go back through this when it comes back in I can use the letter as a checklist to make sure that the items that are dependent on one another are updated. KJ From: Matthew Williams [mailto:mwilliams(a)baldwindesignconsultants.com] Sent: Wednesday, December 19, 2012 9:42 AM To: Johnson, Kelly Subject: RE: Beaufort Spring, SW8 121019 Kelly, I left you a voice mail yesterday, and am just sending you this e-mail as a "back-up" to get in touch with you. I have a couple questions regarding your request for additional information. 1. Comment 2 — As I mentioned in my voice mail, the property owner (Joyce Gibbs) is in the hospital after just recently having major surgery and is not in a state to sign the form. Therefore, her son Samuel Gibbs is the person who signed the form, acting as her power of attorney. What type of documentation would you need in this situation? 2. Comment 5.k. — Sheet 9 of the plans we submitted contain a "Plant Schedule" that list the types and numbers of plants to plant in the shallow land and shallow water areas. And the locations of the shallow land and shallow water areas are then shown (with shading) on a plan view of the Constructed Wetland at 1 "=20' scale. Is this sufficient for what you are requesting? Thanks, Matthew D. Williams, PE Baldwin Design Consultants, PA 708-D Cromwell Drive Greenville, NC 27858 Phone: (252) 756-1390 Fax: (252) 321-1412 From: Johnson, Kelly [mailto:kelly.i).iohnson(�ncdenr.gov] Sent: Tuesday, December 11, 2012 8:41 AM RQQ vc � To: Matthew Williams Subject: FW: Beaufort Spring, SW8 121019 Matthew, I talked to WaRO about collecting impervious near where the entrance drive meets the main road. They said that they try to collect as much BUA as possible. They said that there may have been a few projects in the past where it was not t possible to collect a small portion of the entrance road, but those were few and far between. (They also do not have many projects subject to the SA rule). I have attached an example of a compromise that we reached with another project in the same situation a while back. This may work for your project as well. Basically, there are two "stilling basins" at the end of the entrance drive that hold the water for a while so that it can infiltrate as much as possible to meet the intent of the SA no -discharge rule. 131 From: Johnson, Kelly Sent: Friday, November 30, 2012 10:42 AM To: 'Matthew Williams' Subject: Beaufort Spring, SW8 121019 Matthew, Please see the attached letter which will be mailed today. Have a good weekend, Kelly *** My email has changed to kellv.o.iohnson0Dncdenr.eov K.eLLWohvt,sovl. 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 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. NOD32 6156 (20110526) Information This message was checked by NOD32 antivirus system. http://www.eset.com Johnson, Kelly From: Steenhuis, Joanne Sent: Thursday, December 06, 2012 8:51 AM To: Matthew Williams Cc: Johnson, Kelly Subject: RE: Beaufort Spring - Stream Determination Request Matthew, As I told you over the phone yesterday, The E/I point for this stream is on the southeast side of Hwy 70 and does not go onto the proposed project site at all. If you have questions, please call me 910.796.7306. From: Matthew Williams[mailto:mwilliamsCalbaldwindesignconsultants.com] Sent: Tuesday, December 04, 2012 3:36 PM To: Steenhuis, Joanne Subject: Beaufort Spring - Stream Determination Request Joanne, As we discussed on the phone this afternoon, we are requesting a stream determination for the "Beaufort Spring" project site located in Beaufort, Carteret County. Per the review of this project by Kelly Johnson of your office, she is requesting if there are any streams present on site that are subject to the buffer rules. We are requesting the "regular' (and not express) process. I have attached above in PDF file the "Stream Origin Determination" request form and 3 accompanying maps, including an aerial. The project site is located just to the Northeast of an ABC store on the northern side of US HWY 70. Also, could you please let me know the date and time you plan on visiting the site? My boss may like me to meet you on site during the site investigation. Thank you, Matthew D. Williams, PE Baldwin Design Consultants, PA 708-D Cromwell Drive Greenville, NC 27858 Phone: (252) 756-1390 Fax: (252) 321-1412 r' 1 ' I O T.P. Asphalt Curb —� t I I N.I.P. N. /. PI n 49 I V II I INFIL EAT (SEEN I II DETAIL) I OIJ I III o� 48 i tI � CURB INLET TCe29.79 I 11 I�v.�28.54 II It p _ II 'OLI S INFILTRATION II AREA (SEE It I DETAIL) I II I itit �I u I It it Asphalt Curb I--rI---�I 47 111 o=�4r INP I Inv. Out 29.1 It II I ' I TDP"28.87 I Grode-28.2 I 1 j I I i I I I 7�1 1 8�28.54 C:28,42 I N 200. of 1 Inv. In a 30.1 El Road Cross With Rai: ROPDEWEYINLET CN-BN-2 x35* \ . CROP INCN-BN-2 �+rvr#P� WAtER LEVEL PIPE 10 VARIES BRICIl CONC. GROUT FILL M ' I dal Dd �ed Dro Inlet /Infiltration Area Detail :ewe., b: :all 2E00 CONC. Foon'to (-)A -=�7 No WCT(.Wn>>5 Jay Johnson c/o Blue Water Environmental Services 2473 Boyd Galloway Rd. Grimesiand, NC 27837 252-341-9802 Mr. Timothy Morgan Beaufort Spring Housing Associates, LLC 77a6 Six Forks Road Raleigh, N.C. 27615 (gig)a48-2041 Subject: Site Summary of tract On December 13th 2012 1 conducted a wetlands assessment for an 8.239 acre tract located northwest of the right of way of US HWY 70 approximately 0.20 of a mile northeast of the intersection of US HWY 70 and Campen Road in Beaufort, Carteret County. (Deed Book 1426, Page 88 of the Carteret County Register of Deeds) The wetlands assessment was requested by Mr. Mike Baldwin representing Baldwin Design Consultants, PA. The entire tract is currently flat and wooded, dominated by an over story of Loblolly pine and a very open under story that made the tract fairly easy to access. The soils survey from the USCS maps the tract as a "Tomotley" series soil. The Tomotley series soils are listed as a poorly drained (Hydrlc) soil that formed In loamy marine and fluvial sediments and is susceptible to drainage. The historic use of the tract was part of an agricultural farming operation prior to the woodland condition that it is currently found. There are to be noted an extensive historic drainage ditch system found on the front, back, sides, and in the middle of the tract. Soil borings throughout the site verified soil colors similar to what would be found in a "Tomotley" soil. Seasonal high water ground water tables in this soil type are noted to be within one foot of the surface however all the soil borings I did throughout the site revealed no saturation or water tables within 18 inches of the surface. It is my opinion that the historic drainage ditch system found on the tract and adjacent properties has had a positive influence on drainage of the site. I would recommend final verification and confirmation and sign off by the US Army Corps of Engineers prior to any land disturbance of the site. Ili MC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor November 30, 2012 Mr. Lyle D. Gardner, President Evergreen Construction Company 7706 Six Forks Rd, Suite 202 Raleigh, NC 27615 Division of Water Quality Charles Wakild, P. E. Director Subject: Request for Additional Information Stormwater Project No. SW8121019 Beaufort Spring Carteret County Dear Mr. Gardner: Dee Freeman Secretary The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application for Beaufort Spring on October 22, 2012. A preliminary in-depth review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: Natural Features: The "natural area" at the northernmost portion of the tract appears to be wetlands on Google Earth's aerial imagery. Additionally, the site is located on or in "blue line" areas on the USGS Topo map. Please work with a consultant to verify if wetlands and/or streams are present and then contact Christie Whicker with the CORPS of Engineers for further guidance (910.251.4637). If applicable, all streams and wetlands must be labeled on the plan, and streams must have a 50ft vegetated buffer measured from the Top of Bank JOB) of the stream. Wetlands do not have to be buffered. 2. Signature: The application is signed by the property owners Attorney in Fact. Please provide documentation of the arrangement between Joyce Gibbs (the property owner) and the attorney (name unknown) which gives her attorney signature authority to sign the permitting documents on her behalf. 3. Calculations: a. Incremental Areas/Elevations/Volumes Table: Please show the temporary pool elevation (10.5msl) in this table. b. Level Spreader/ Vegetated Filter Strip (LSNFS): i. Please provide design calculations for the level spreader lip's length. ii. Please ensure that the design complies with the "no discharge" requirements of the 2008 Rule (SL2008-211, Section 2(b), (1)(c)) because the project is within a half mile of and draining to shellfish (SA) waters. The most popular method for complying with a design consisting of a wetland to a LSNFS is to provide a qualitative discussion of the soils, slope, and vegetation in the filter strip area to show that the filter strip will effectively infiltrate the stormwater. Another option is to provide calculations showing that the filter strip is large enough to provide effective infiltration. Or, there could be any number of other options that you may propose to demonstrate compliance. 4. Impervious Area: The two lots' impervious area on the deed restriction documents sum to 141,846sf (55,931sf+85,915sf), which is greater than the impervious area proposed for the project, 139,784sf, and it appears that the road is contained by the two lots. Please make any necessary corrections. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One L. Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 NOrthCaTOlina Internet: v .nmaterquality.org Naturally En Pm.i norm .„ &%Ce—mi.c Amon Pmoo.o. !s 5. Plans a. Project Area: Please label the outline of the area to be covered by the permit on the plans. b. Drainage Area Map: Please clarify the drainage area to the stormwater wetland. Two drainage area maps have been provided, and sub -drainage areas with their acreage have been labeled, but the sum of the sub -drainage areas is larger than the drainage area shown on the application (256,568sf/5.89ac). i. Do both lots drain to the wetland, or just Lot 2? If Lot 1 does not drain to the wetland, how will the impervious on Lot 1 be treated? The swales along the two long edges of Lot 1 appear to either provide collection to drain Lot 1 to the stormwater wetland, or to drain Lot 1 offsite. Please provide invert elevations of these ditches. ii. Please also clarify how the offsite area shown on the drainage area map is related to the permit. The application shows that there is not any offsite drainage area. c. Effective Infiltration: Please label the effective infiltration area on the plans. d. Swales: Please ensure that swales are provided at 3:1 or flatter. e. Invert Elevations: Please show all invert elevations for swales and pipes where you have not done so already. f. Grading/Spot Elevations: Please provide additional grading and/or spot elevations to show the direction of flow of all of the impervious area draining to the stormwater wetland. Please show the direction of flow on the road, both lots' drainage, as well as the roof downspouts. For instance, how will drainage from the building/parking on the northern edge of Lot 2 get to the swales? Drainage appears to go downhill to elevation 12msl and then potentially to the natural area rather than to the swales draining to the BMP. (The upper invert of each swale is higher than 12msl.) g. Stormwater Wetland Dimensions: Please show the dimensions of the lengths and arcs of the permanent pool on the plans. h. Outlet Device: I. On Sheet 9, there is a Faircloth skimmer draining to the LSNFS. There is also a 4" PVC with a 3" drilled cap at upper invert 9.5msl which appears to be the outlet device, but the 4" pipe does not drain to the LSNFS. Please make the necessary corrections such that the stormwater wetland drains to the LSNFS in order to provide effective infiltration. ii. Please show the outlet orifice elevation and diameter on the outlet control structure detail. i. Drainage Easements: Please ensure that the collection system draining to the BMP is included in the drainage easement. j. Level Spreader: Please provide a level spreader detail showing all dimensions and elevations. Please also show"level" elevations for all elevations parallel to the lip, and show that the filter strip flows downhill from the lip flowing to the ditch. Please show the material that the level spreader will be constructed from. It must be constructed from concrete or some other permanently stable material. k. Planting Plan: Please provide a planting plan showing the locations, types and numbers of plants to plant in each wetland zone. 6. Supplement: The supplement shows that 3,900 plants will be provided in the shallow land areas. Please specify the number of each type of plant (herbaceous, shrubs, and trees) on the supplement form. Please remember that a change to one number may have a domino effect on other numbers. Please check all plans, calculations and forms to ensure that the numbers are consistent throughout. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to December 31, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmission of all required items, including the application fee. If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. Nee 2 of 1 The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143- 215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at kelly.p.johnson@ncdenr.gov. Sincer ly, Ily Jo nso Environm tal Engineer GDS/kpj: S:1WOS1StormwaterlPermits & ProjectsQ0121121019 HD12012 11 addinfo 121019 witlia.n cc: Matthew D. Baldwin, PEE Wilmington Regional Office Stormwater File Pape. 'i of Johnson, Kelly From: Johnson, Kelly Sent: Thursday, November 29, 2012 8:37 AM To: Steenhuis, Joanne Subject: Straight line Streams Near Beaufort Joanne, Do you know anything about these blue lines in Beaufort? I have a project in the spot below (shaded red in the top picture) and it is surrounded by "farm ditches" per the consultant. But, they show up as blue lines so I assume they are streams? Have you seen these? Do you know anything about them? Thanks, KJ *** My email has changed to kellv.a.iohnson@ncdenr.eov K.e���ohwsow Kelly Johnson 77 Ta 1 3w x5 n-y 12 t \ x �3a45 Crab Point ble 04, wE a7 q e Bag Gibbs .,� ?a , I vk Gallant Point Willis Pt 3 _'lJ e �� °' t - _ f , �* � p Braufir ,.heaC C � Ac 1 _ Phil❑ s p �° IslandILIgP 3844 Iq i ��jp- lzco Cmeek C l K a..:#Mq�yf _ Town SL oe @ A 9F eek S` �� • • i y0��'i�-. r., L'_/ �aIL', �' � _ ___�/ - i, ,�� ,! RI,cg ❑��h ate_-ou` 1rGl t .. t'•, '�'�� 'f f .:/�•�� I xi�� '�i �l •-,� .. Ili j�-� 0 an �•1 a 9, =`vr+'- J.l I r -4 > i ----u-_..1 Chi neY 43 Area e[ �,towers 1 aewueoer T r _. i ��- • ,pal, 41i etoeor;,cnr. cnaoxeroev �M 'pir y.� ...�qj' {, a. l al3a Ohari .y ort Term nal Pry �,� ib o ipaf- f2 A D 1 0 � iV '� Is] fir'..... 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El Sightseeing Select this `olcler an,, cock on the 'Play button beor„ to start the r Blueberry FM ❑ .` Nakuru, Kenya Nuru Palace Hotel, Nakuru Kenya ❑ d Telnporary Places ♦ Layers iaA1r GAIM » _' a' Primmy Datab� 0� t F Borders and Labels ❑ ❑ Places ''it Photos o� ❑G 3DBu ©y� Ocean t ❑ 7�[ Weather Completeness Review Checklist Project Name: Fny--rr Project Location: l eTfnes? Paperwork Emailed Engineer on: Received Date: as or-T 1 a Accepted Date: NN =ment(s) (1 original per BMP) BMP Type(s): ��j tCA,UO To Ls/vs with correct/original signatures (1 original per BMP except LS/VFS and swoles) LJ—Af—ftp�lication with correct/original signatures 'vtc orp or LLC: Si . Auth. er SoS or letter �o5 (within 6mo) Os-o-iis Report with SHWT —ca-4CV- :rnlelrlo�n 1 1 � r dulations (signed/sealed) RNo obvious errors nsity includes common areas, etc Restrictions, if subdivided: Note to Reviewer: -fglkN�w InP\1��ov,? Lk —Signed & Notarized ElLorrect Template (Comm/Res & HD/LD) or Dec. Covenants & Rest. Plans ets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Grading Wetlands: Delineated or No Wetlands Vicinity Map Layout (proposed BUA dimensions) Legend �DA Maps Project Boundaries Infiltration Wet Pond Offsite Soils Report Soils Report �PE Cert for Master Lot #: SHWT: SHWT: Deed Rest for Master El Lot p Matches Master Bottom: PP: BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: Permitted Proposed: Proposed: Proposed: BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) Baldwin Design Consultants,PA DESIGN -LAND PLANNING -SURVEYING 708-D Cromwell Drive • Greenville, NC 27858 252-756-1390 • 252-321-1412 (fax) To: N.C. DENR - Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 letter OJf Trans i I IN Date: 10/19/12 Attention: Kelly Johnson Job No: 10-104 Re: Beaufort Spring - Stormwater Management Permit Application We are sending you: ❑ Attached ❑ under separate cover via ❑ Drawings ❑ Letter ❑X Plans ❑ Prints ❑ Package the following: ❑ Pay Request/ ❑Specifications Invoice LE Other Listed Below 2 10/18/12 Plans 2 10/18/12 Peak Flow Attenuation & Storm Drainage Calculations 2 10/18/12 Stormwater Management Narrative 2 9/7/12 Stormwater Management Permit Application Form (SWU-101) 1 10/18/12 Wetland & Level Spreader Supplement forms and O&M Agreements 2 9/18/12 Drainage Area Map 1 8/20/12 90251 Check for $505.00 1 Copy of Property Deed 1 Project Site Location on USGS and NRCS Soil Maps 1 Soils Reports by Gene Aston and Terracon Transmitted as checked below: �X For approval ❑ Approved as noted ❑ Resubmit copies for approval 11 For your use ❑ Approved as submitted Submit copies for distribution As requested Returned for corrections ❑ Return corrected copies ❑ For review Other Remarks: OCT 2 2 2012 Slgred: Matthew Williams Copy to: CLIENT: PROJECT: WEATHER: TERRACON JOB NO.: DATE: May 25, 2011 TERRACON 314 BEACON DRIVE WINTERVILLE, N.C. 28590 TELEPHONE (252) 353-1600 Baldwin Design Consultants, PA 'e n i OCTI Beaufort Spring; Beaufort, North Carolina Sunny and hot 72111108 PERSONNEL: Bob Neel As requested by Mr. Mike Baldwin, representing Baldwin Design Consultants, PA, a representative of Terracon Consultants, Inc. was on site today to determine the depth to the seasonal high water table, to visually classify the near surface soils and to obtain a soil sample for laboratory testing. The locations explored are indicated on the attached drawing. Please note that the locations indicated are approximate and are not to scale. At HA-1, we observed very dark grayish brown (IOYR-3-2) silty sand topsoil to a depth of approximately one foot. At 1.5 feet, the soil color and texture transitions to dark grayish brown (IOYR-4-2) slightly clayey silty sand. The seasonal high water table is placed at a depth of 1.5 feet, based on a consistent soil color with a chroma value less than 2. A soil sample from a depth of 1.0 to 1.5 feet was collected for laboratory testing. At HA-2, we observed very dark grayish brown (IOYR-3-2) and brown (IOYR-5-3) silty sand topsoil to a depth of approximately one foot. At 1.5 feet the soil color and texture transitions to grayish brown (1 OYR-5-2) and dark grayish brown (10YR-4-2) slightly clayey slightly silty fine sand. The seasonal high water table is placed at a depth of 1.5 feet, based on a consistent soil color with a chroma value less than 2. A soil sample from a depth of 1.0 to 1.5 feet was collected for laboratory testing. At HA-3, we observed very dark gray (I0YR-3-1) slightly silty sand topsoil to a depth of approximately one foot. At 1.5 feet the soil color and texture transitions to dark grayish brown (10YR-4-2) and very dark grayish brown (10YR-3-2) silty fine sand. The seasonal high water table is placed at a depth of 1.5 feet, based on a consistent soil color with a chroma value less than 2. A soil sample from a depth of 1.0 to 1.5 feet was collected for laboratory testing. The composite sample obtained from the three borings was returned to the laboratory and prepared for flex wall permeability (ASTM D5084) testing. The test results obtained are attached. Please note that the permeability obtained (1.19 x 10-0) correlates with an infiltration rate of approximately 0.2 inches per hour. Mr. Mike Baldwin was advised of our observations and test results on May 31, 2011. RESPECTFULLY SUBMITTED TERRACON PERMEABILITY TEST REPORT TEST DATA: SAMPLE DATA; Specimen Height (cm): 10.16 Sample Identification: #1 On -site, native Specimen Diameter (cm): 7.11 Dry Unit Weight (pcf): 97.7 Visual Description: Dark Gray Silty Fine Moisture Before Test (%): 9.0 Sand w/ Occasional Organics Moisture After Test (%): 23.0 Remarks: ASTM D 5084 Run Number: 1 • 2 ♦ Infiltration media ..ell Pressure (psi): 45.0 Maximum Dry Density (pcf): Test Pressure(psi): 42.0 Optimum Moisture Content (%): Back Pressure(psi): 40.0 Diff. Head (psi): 2.0 Percent Compaction: Flow Rate (cc/sec):7.34. 10 -2 Permeameter type: Flexible Wall Perm. (cm/sec): 1.19x 10--4 Sample type: Remolded TIME - t (sec) O 25 50 75 100 M 8 10 a i e 70^-0 N \ 8 x 10--9 6 x 10'-4 Y 1 4 z 10'-4 } H H J Fi m 2 Q W i W a I x 10^-4 0 5 10 15 20 AVERAGE HYDRAULIC GRADIENT - dH/L (cm/cm) r'roject: Beaufort Spring Project No.: 72111108 cation: Beaufort, NC File No.: --�te: 5-27-2011 Lob No.: Tested by: LW PERMEABILITY TEST REPORT Checked by: BN TERRACON CONSULTANTS, INC. Test: CH - Constant head ----------------- p O'W- &j,N PROPOSED REGIONAL STORWHATER rAClLrFY Ha �r cum (yp) C201225t00264 State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION SOSID:1277525 Date Filed: 9/11/2012 9:20:00 AM Elaine F. Marshall North Carolina Secretary of State C201225100264 Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. l . The name of the limited liability company is: Beaufort Spring Housing Associates, LLC 2. If the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no limit on the duration of the limited liability company.) 12/31/2062 The name and address of each person executing these articles of organization is as follows: (State whether each person is executing these articles of organization in the capacity of a member, organizer. or both. Note: This document must be. signed by all persons listed here). Timothy G. Morgan (Organizer) 7706 Six Forks Road Raleigh, NC 27615 4. The street address and county of the initial registered office of the limited liability company is: Number and Street 7706 Six Forks Road City, State, Zip Code Raleigh, NC 27615 County Wake 5. The mailing address, if different from the street address, of the initial registered office is: 6. The name of the initial registered agent is: Lyle D: Gardner 7. Principal office information: (Select either a or b) a. 0 The limited liability company has a principal office. The street address and county of the principal office of the limited. liability company is Number and Street 7706 Six Forks Road City, State, Zip Code Raleigh NC 27615 County Wake The mailing address, if different from the street address, of the principal office of the corporation is: b. ❑ The limited liability company does not have a principal office. C201225100264 8. Check one of the following: (i) Member -managed LLC: all members by virtue of their status as members shall be managers of this limited liability company. ✓ (ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 9. Any other provisions which the limited liability company elects to include are attached. 10. These articles will be effective upon filing, unless a date and/or time is specified: This is the 30 day of August 20 12 —Signat re Timothy G. Morgan (Organizer) Type or Print Name and Title NOTES 1. Filing fee is $125. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Form L-01) Instructions for Filing r 70PS'et,dalAfflance AGREEMENTFORPURCHASE AND SALE OF MNPFM LN nsALToae North Carol/na Assoolatlon ofREALTORSe THIS AGREEMENT, including any and all addenda attached hereto C'Agreement"), is by and between e(n) (individual or State of formation and type ofontity) Jovice V. Gibbs and Samuel C. Gibbs. 111 a(n) NA C'Seller"). (individual or State of formation and typo of entity) FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES 813T FORTH HEREIN AND OTHER OOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Terms and Detiaittons: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Property"; (Address) L4 Gibbs ED Beaufort, N.C. 28616 Plat Reference: Lot(s) 4 Block or Section 66 as shown on Plat Book or Slide 0262 at Page(s) 00016 Carteret County, consisting of 9.26 acres. If this box Is checked, "Property" shall mean that property described on Exhibit A attached bereto and Incorporated herewith by reference, (For information purposes: (i) the tax parcel number of the Property Is: 730612867161000 ; and, (il) some or all of the Property, consisting of approximately 9.26 acres, is described in Deed Book 0262 Page No. 00016 Carteret County.) together with all buildings and improvements thereon and all fixtures and appurtenances thereto and oil personal property, if any, itemized on Exhibit A. S 463,000.00 (b) "Purchase Price" shall mean the sum of Four -Hundred Sixty -Three Thousand Dollars, pgrahle oil the following rernlsc S 1.000.00 (1) "Earnest Money" shallmean One Thousand Dollars or terms as follows: NA Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money shall be promptly deposited in escrow with Realty World First Coast Realty (name of person/entity with whom deposited), to be applied as part payment of the Purchase Price of the Property at Closing, or disbursed es agreed upon under tho provisions of Section 10 herein, Page I of 8 This form Jointly approved by: STANDARD FORM 580-T IR North Carolina Bar Association Revised 1/2011 ar�Lma• North Carolina Assoocciiaation of REALTORSO, Inc. ® 712011 Buyer lnitlalsy �// Seller Initials )c 1N4ixm puSu•d tY FbffNUaior 0 8004so-osu I� ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAYBE )��`' PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box) ❑ ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer's Taxpayer Identification Number Is: 1 ❑ ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. $ NA (it) Proceeds of anew loan in the amount of Dollars for a tern of years, with an amortization period not to exceed years, at an interest rate not to exceed per annum with mortgage loan discount points not to exceed % of the loan amount, or such other terns as may be set forth on Exhibit B. Buyer shall pay all costs associated with any such loan. (ill) Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of Dollars being payable over a term of years, with an amortization period of years, payable in monthly installments of principal, together with accrued Interest on the outstanding principal balance at the rate of percent ( %) per annum in the amount of $ with the first principal payment beginning on the first day of the month next succeeding the date of Closing, or such other terms as may be set forth on Exhibit B. At any time, the promissory note may be prepaid in whole or in part without penalty and without lbrthor interest on the amounts prepaid from the date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies may be limited to foreclosure of the Property. If the deed of trust given hereunder Is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B. If such senior financing is subsequently foreclosed, the Seller may have no remedy to recover under the note.) $ NA (iv) Assumptton of that unpaid obligation of Seller secured by a deed of trust on the Property, such obligation having an outstanding principal balance of $ and evidenced by a note bearing interest at the rate of percent%) per annum, and a current payment amount of $ - . The obligations of Buyer under this Agreement are conditioned upon Buyer being able to assume the existing loan described above. If such assumption requires the lender's approval, Buyer agrees to use Its best efforts to secure such approval and to advise Seller Immediately upon receipt of the lender's decision. Approval must be granted on or before . On or before this data, Buyer has the right to terminate this Agreement for failure to be able to assume the loan described above by delivering to Seller written notice of termination by the above date, Nrne behig ojrhe essence. If Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. IfBuyer fails to deliver such notice, then Buyer will be deemedto have waived the loan condition. Unless provided otherwiso iu Section 3 hereof; Buyer shall pay all fees and costs associated with any such assumption, Including any assumption fee charged by the lender. At or before Closing, Seller shall assign to Buyer all interest of Seiler In any current reserves or escrows held by the lender, any property management company and/or Seller, including but not limited to anytenant improvement reserves, leasing commission reserves, security deposits and operating or capital reserves for which Seiler shalt be credited said amounts at Closing. $ 462,000.00 (v)Cash. balance of Purchase Price, at Closing In the amount of Four -Hundred Sixty -Two Thousand Dollars. Pago 2 of 8 STANDARD FORM 580-T BuyerinitiaLs _ Seller Initials ��'� - "' Revised W011 ok ® W2011 Tn. Ixm podxed h' ForttluPator ® 400404e12 (c) "C n " shall mean the date and time of recording of the deed. Closing shall occur on or before October 31, 2012 or NA (d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller. (e) "Examination Period" shall mean the period beginning on the Contract Date and extending through August $1, 2012 TIMEIS OF THE ESSENCE AS TO THEEXAMf U77ONPEPJOD. (f) "Brokers "shall mean: NA ("Listing Agency"), ("Listing Agent"- Licenso il) Acting as: ❑ Seller's Agent; ❑ Dual Agent and Realty World First Coast Realty ("SollingAgency"), Micah Shepard ("SellmgAgent"- License # 237851 ) Acting as: Buyers Agent; ❑ Seller's (Sub) Agent; ❑ DualAgeat (g) "Seller's Notice Address" shall be as follows: Ashville NC 28803 except as same may be changed pursuentto Section 12. (h) "Buyer's Notice Address" shall be as follows: 7706 Six Forks Road Ste 202 Ralalah NC 27615 except as same may be changed pursuant to Section 12. ® (i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and Incorporated herein by reference. (Note; Under North Carolina law, real estate agents are not permitted to draft conditions or contingencies to this Agreement.) Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Purchase Price. Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Agreement, exolse tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes required by law, and the following: Page 3 of 8 Q STANDARD FORM 580-T Buyer Initials [ d ✓ _ Seller Initial !al )�j� _ Revised 1/2011 0712011 7N3 km tor* sao.aaeseu Buyer shall pay recording costs, costs of any title search, title Insurance, survey, the cost of any inspections or investigations undertaken by Buyer under this Agreement and the following: None Each party shall pay its own attorneys fees. Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as masouablypossiblo after the Contract Date copies of all information relating to the Property in possession of or available to Seller, including but not limited to: title insurance policies, surveys and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorneys file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials In the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyers and Seller's agents and attorneys. If Bayer does not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all materials delivered by Seiler to Buyer pursuant to this Section 4 (or Section 7, if applicable), If any, and shall, upon Seller's request, provide to Seller copies of (subject to the ownership and copyright Interests of the preparer thereof) any and all studies, reports, surveys and other information relating directly to the Property prepared by or at the request of Buyer, its employees and agents, and shall deliver to Seller, upon the release of the Earnest Money, copies of all of the foregoing without any warranty or representation by Buyer as to the contents, accuracy or correctness thereof. Section S. Evidence of Title: Seller agrees to convey fee simple marketable and insurable title to the Property free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (if applicable) and (o) matters of record existing at the Contract Date that are not objected to by Buyer prior to the end of the Examination Period ("Pormitted Exceptions"); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fixed sum of money, such as deeds of trust, mortgages or statutory liens. Seller shall not enter Into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without ilia prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed. Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions: (a) Now Lon nr The Buyer must be able to obtain the loan, if any, referenced In Section 1(bx11), Buyer must be able to obtain a fhm commitment for this loan on or before NA , effective through the date of Closing. Buyer agrees to use its best efforts to secure such commitment and to advise Seiler immediately upon receipt of lender's decision. On or before the above date, Buyer has the right to terminate this Agreement for failure to obtain the loan referenced in Section 1(b)(11) by delivering to Seller written notice of termination by the above date, ffnre being of ilia essence. If Buyer delivers such notice, this Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notico, then Buyer will be deemed to have waived the loan condition. Notwithstanding the foregoing, after the above date, Seller may request In writing from Buyer a copy of the commitment letter. If Buyer falls to provide Seller a copy of the commitment letter within five (5) days of receipt of Sellors request, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller has not then received a copy of the commitment letter, and Buyer shall receive a return of Earnest Money. (b) Qualification for Financing: If Buyer is to assume any indebtedness in connection with payment of the Purchase Price, Buyer agrees to use its best efforts to quality for the assumption. Should Buyer fall to quality, Buyer shall notify Seller In writing Immediately upon lender's decision, whereupon this Agreement shall terminate, and Buyer shall receive a return of Earnest Money. (o) Title Examinstiow After the Contract Date, Buyer shall, at Buyers expense, cause a title examination to be made of the Property before the end of the Examination Period. In the event that such title examination shall show that Seller's title Is not fee simple marketable and insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and exceptions, In no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof; then Buyer may terminate this Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title Insurance, the Insuring company must be licensed to do business in the state in which the Property is located. Title to the Property must be insurable at regular rates, subject only to standard exceptions and Permitted Exceptions. (d) Same Condition: If the Property is not in substantially the same condition at Closing as of the data of the offer, reasonable wear and tear excepted, then the Buyer may (1) terminate this Agreement and receive a return of the Earnest Money or (II) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of -the Sellets insurance proceeds payable on account of the damage or destruction applicable to the Property. Page 4 of 8 STANDARD FORM 580-T Buyer Initial Seller Initialsi `� G Revised W011 48 7l2011 TW faro podxad br. FomuiBtur 0 4004WO12 (e) Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during normal business hours, shall have the right to enter upon the Property for the purpose of Inspecting, examining, performing soil boring and other testing, conducting timber cruises, and surveying the Property. Buyer shall conduct all such on,site inspections, examinations, soil boring and other testing, timber cruises and surveying of the Property in a good and workmanlike manner, shall repau any damage to the Property caused by Buyer's entry and on -site inspections and shall conduct same in a manner that does not unreasonably interfere with Sol[or's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on -site inspections outside of the hours any tenant's business Is open to the public and shall give prior notice to any tenants of any entry onto any tenant's portion of the Property for the purpose of conducting Inspections. Upon Seller's request, Buyer shall provide to Seller evidence of general liability Insurance. Buyer shall also have a right to review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose any Information regarding this Property (or any tenant therein) unless required by law and the same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, In which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representatives In exercising its rights under this Section 6(o) and agrees to Indemnify and hold Seller harmless from any damages resulting therefrom. This Indemnification obligation of Buyer shall survive tire Closing or earlier termination of this Agreement. Buyer shall, at Buyer's expense, promptly repair any damage to the Property caused by Bayer's entry and on -site inspections. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date through the end of tire Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY. Section 7. Leases (Check one of the following, as appllcable)t N If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined) affecting the Property. ❑ If this box Is checked, Seller discloses that there are one or more leases affecting the Property (oral or written, recorded or not - Leases") and the following provisions are hereby made a part of this Agreement. (a) All Leases shall be itemized on Exhibit B, (b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were Listed therein; (e) Seller represents and warrants that as ofthe Contract Date there are no current defaults (or any existing situation which, with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default'. In the event there is any Leaso Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description of the situation In accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer Immediately in the event a Lease Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the Lease. (d) In addition to the conditions provided In Section 6 of this Agreement, this Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease), and Seller agrees to use its best efforts to effect such assignment. Any assignment required under this Section 7 shall be required to be delivered at or before Closing by Seller In addition to those deliveries required under Section 11 of this Agreement. (e) Seiler agrees to deliver an assignment of any Lease at or before Closing, with any security deposits hold by Seller under any Leases to be transferred or credited to Buyer at or before Closing. Seller also agrees to execute and deliver (and work diligently to obtain any tenant signatures necessary for same) any estoppel certificates and subordination, nondisturbance and attornment agreements in such form as Buyer may reasonably request, Section S. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, Including, but not limited to, those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without Limitation, any material, waste or substance which is (I) petroleum, (Li) asbestos, (Ili) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Page 5 of 8 STANDARD FORM 580-T Buyer initials l — Seller initials SLc Revised 1/2011 7� 0 7/2011 1N+ Wan podwd br. F*/ XASJt0r ® 6004 sett Clean Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. §1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6903) or (vi) defined as it hazardous substance pursuant to Section 101 of the Comprehensive Environineutal Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601). Seller has no actual knowledge of any contarolnation ofthe Property flora such substances es may have been disposed of or stored on neighboring tracts. Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein, shall be borne by Seller. Except as to maintaining the Property in Its same condition, Seller shall have no responsibility for the repair of the Property, Including any improvements, unless the parties hereto agree in writing. Section 10. Earnest Money Disbursement: In the event that any of the conditions hereto are not satisfied, or in the event of a breach of this Agreement by Seller, then the Earnest Money shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such broach. In the event this offer is accepted and Buyer breaches this Agreement, then the Earnest Money shall be forfeited, but such forfeiture shall not affect any other remedies available to Seller for such breacb. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of Earnest Money held In escrow by a licensed real estate broker, the broker is required by state law to retain said Earnest Money In its trust or escrow account until It has obtained a written release from the patties cementing to Its disposition or until disbursement is ordered by a court of competent jurisdiction, or alternatively, the party holding the Earnest Money may deposit the disputed monies with the appropriate clerk of court In accordance with the provisions of N.C.6.S. §93A-12. Section 11. Closing: At or before Closing, Seller shall deliver to Buyers general warranty deed tuiless otherwise specified on Exhibit B and other documents customarily executed or delivered by a seller In similar transactions, Including without limitation, a bill of sale for any personalty listed on Exhibit A, an owner's affidavit, lien waiver forms and a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act), and Buyer shall pay to Seller the Purchase Price. At Closing, the Earnest Money shall be applied as part of the Purchase Price, The Closing shall be conducted by Buyer's attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until Closing has taken place. Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be In writing and shalt be deemed to have beenproperly, given and received on the date delivered in person or deposited in the United States mail, registered or certified, retain receipt requested, to the addresses set out in Section I (g) as to Seller and in Section I(h) as to Buyer, or at such other addresses as specified by written notice delivered In accordance herewith. Section 13. Entire Agreements This Agreement constitutes the solo and entire agreement among the parties hereto and no modification of this Agreement shall be binding unless In writing and signed by all parties hereto. Section 14. Enforceabllity: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; It being expressly agreed that the notice described in Section 12 is not required for effective communication for the purposes of this Sectionl4. This Agreement shall be binding upon and inure to the benefit of the patties, their hairs, successors and assigns and their personal representatives. Section 15. Adverse Information and Compliance with Laws: (a) Seller Knowledge: Seller has no actual knowledge of (1) condemnation(s) affecting or contemplated with respect to the Property; (11) actions, suits or proceedings pending or threatened against the Property; (111) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' assoclation special assessments, except as follows (fnsort "None" or the identification of any matters elating to (i) through (iv) above, if any): mote: ror purposes or mis agreement, a "confirmed- special assessment is detlmed as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A "pending" special assessment Is defined as an assessment that Is under formal consideration by a governing body. Seller shall pay all owners' association assessments and all governmental assessments confirmed as of the date of Closing, if any, and Buyer shall take title subject to all pending assessments disclosed by Seller hatch if any. Seller represents that the regular owners' association dues, If any, are $ 0.00 per NA Page 6 of 8 STANDARD FORM 880-T Buyer fuitlals Seller Initials ✓ 10(-N _ S4, Revised1/2011 0712011 TN& tam pcdiwsd by. FGrnKd8W 40 sooasaaeu (b) Compliance: To Seller's actual knowledge, (1) Seller has compiled with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property, (if) performance of the Agreement will not result In the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other Instrument to which Seller is a party or by which Seller or the Property Is bound, and (iii) there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in any such action, suit or other proceeding. Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in accordance with this Agreement. Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property Is located This form has only been approved for use In North Carolina, Section 18, Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit B. Section 19. Tax -Deferred Exchange: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non -exchanging party, as shall be required to give effect to this provision. Section20, Memorandum of Contract: Upon request by either pally, the parties hereto shall executo a memorandum of contract in recordable form setting forth such provisions hereof (other than the Purchase Price and other sums due) as either party may wish to incorporate. Such memorandum of contract shall contain a statement that it automatically terminates and the Property Is released from any affect thereby as of a specific date to be stated In the memorandum (which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall be home by the party requesting execution of same. Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement and such Instruments as may be necessary to effectuate any transaction contemplated by this Agreementen behalf of the party for whom he or she signs and that his or her signature binds such party. Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indenualp mg party for fees or commissions. arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: Q) except as to the Brokers designated under Section 1(i) of this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to be Involved in this transaction and (if) that the compensation of the Brokers Is established by and shall be governed by separate agreements entered into as amongst the Brokers, the Buyer and/or the Seller. ❑ EIFS/SYNTHETIC STUCCO: Ifthe adjacent box is chocked, Seller discloses that the Property has been clad previously (either in whole or in part) with an "exterior Insulating and finishing system" commonly known as "HIFS" or "synthetic stucco". Seller makes no representations or warranties regarding such system and Buyer is advised to make Its own Independent determinations with respect to conditions related to or occasioned by the existence of such materials at the Property. THE NORTH CAROLINA ASSOCIATION OF RBALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. Page 7 of 8 STANDARD FORM 580-T Buyer Initials Seller faftfalsZ 041 s Revised 1/2011 ® 74011 IMr Inm non xd tr• Fo mtdatw 0 900-400m12 BUYER: SELLER: Individual Individual Joyce V. GI bs Date: Date: Q j 4 Samuel C. Gibbs, Ili Data: Date: C?/7 7 (: Business Entity Business Entity Evergreen Construction Company (Name of dty) (Name ofEndty) By:7S-- By: Name: Lyle Gardner Name: Title: President Title: Date: Date: The undersigned hereby acknowledges receipt of the Earnest Money set forth hereto and agrees to hold said Earnest Money In accordance with the terms hereof. (Name of Date: By: Pago 8 of 8 STANDARD FORM 580-T nu. wm, AV&-d W. gtet.O e004saae:2 Revised 1/2011 0 7/1011 Page 1 of 1 Owner Information otmer6 x8131e: ojaEs,lovcsv 03vners Addrea3: 307 YELLOWOOD LANE Ro Address: 0000000 - CI and Stata: ASHEVII,i,S NC 28803 Property Card RI 590050.071.000 OIBB9,00YCE 9 2012 313,918 MAT 0D R 7306.12.86. )151000 CARP 630313,978 PY V.1 U80 313,978 IANO 002 LIMA 9/17/2005 RC 30) YBLLOROOD LAHE DEF BLDO 000 MHEVILLE NC 28603 9.210 ACRES XFOB 000 MP BBROIORI CITY FIRE BEAUFORT PIRG RESCUE BEAVIORT RESCUE OTHER RRH 06X PL BH/PO BtlD 59005000 VE6 000800 YACNIT PLAT ADDRESS 0000000 L80ALi L8 GIBBB 8D OCAD 0262 00016 AICVI PRINTED 7/22/2011 BY ROEA9 Seq Zone code Van De ... L'une LMO Front Depth Beek F2 BUSIte UT VT2kLQO Adjl Adj2 Adj3 Ad36 Fed] Oedj am Adj CFI Rate Yalu. 1 595006 ONDBYELOPED 2.000 AC 59,000.000 1.00 .25 1.00 1.00 1.00 1.00 1.000 56,050,000 112,100 2 395003 MxwD ACREAGE 7.260 AC 39,000.000 .75 .85 1.00 1.00 1.00 1.00 3.000 27,606.807 20I,878 No sketch available Disclaimer: The information contained herein is from our current tax system and contains Information that was valid post 1999. It may be used as a tool for research however the Information may not always be accurate. ti/ �1''Y fi.�<.4lDtiw X Svc. Slli��/fln�I (� 61, !wbl-Ipaw http://tax.carteretcountygov.org/taxparcelswlnnary,asp?recno-7306.12.86.7151000&cardse... 9/2/2011 Exhibit B I. Buyer able to obtain zoning and site plan approval to develop the site as a senior rental community. 2. Water and sewer being available to the site with adequate capacity for size of proposed project. 3. Buyer able to obtain the funding needed from the north Carolina Housing Finance Agency during the 2012 funding cycle. Awards are typically made by the end of August. 4. Examination period runs through August. 5. Closing to occur within sixty days of the project being selected for funding by NCHFA. (Buyer) ll !( (Date) Evergr on Construction Company � y j oyce V. Gibbs » CA —(Seller) _ / -711 J 11 (Date) X (Seller) �� f i1 (Date) Samuu C. Gibbs, III f tS l :i b EVERGREEN CONSTRUCTION COMPANY (919)848.2041 7706 SIX FORKS ROAD, SUITE 202 RAL.EIGH, NO 27615 PAY ** One Thousand Dollars And No Cents ** TO THE ORDER OF Realty World First Coast Realty Inc. Att: Micha Shepard P.O. Box 2070 Beaufort, NC 23516 CAPITAL BANK RALEIGH, NORTH CAROL INA 63-1176-670 DATE AMOUNT 09/14/2011 **$1,000 00 11°0 78 b 36112 1:06 70 1 0601: 080 20ci 7 11,7113 EVERGREEN CONSTRUCTION COMPANY Realty World First Coast Realty, Inc. 09/14/2011 $1,000.00 Control #78136 Invoice Date Description Invoice — payment Amount Discount Amount Vendor Ref 1000 09/I4/2011 Realty World First Coast Realty, Inc. $1,000.00 $1,000.00 m`apemo�r. hnwoian+. ww�n., o..moa,K 0 78136 Aston Soil Works, Inc. P.O. Box 86 Simpson, NC 27879 Mike Baldwin 708-D Cromwell Drive Greenville, NC 27858 June 13, 2011 Re: Hydraulic Conductivity Testing for Stormwater Facility at Beaufort Spring in Beaufort, NC. Dear Mr. Baldwin, On June 8, 2011, 3 Saturated Hydraulic Conductivity (K.1) measurements were performed on the referenced property. All measurements were located within the proposed stormwater retention area spaced approximately 50 feet apart. The measurements utilized a two inch diameter auger hole that was bottom planed and brushed prior to each test. A constant head permeameter was used for testing. The results of testing are presented in the table below. Ksat Locaton Hole Depth(in) Head(in) Kit (in/hr) Equiv. ( cm'/hr) 1 9 5.5 .627 1260 2 10 7 1.316 3780 3 10 6 .829 1890 AVG .924 AVG 2310 This data is presented for the purposes of aiding in the design of the above -mentioned stormwater systems. If I can be of further assistance feel free to contact me at 252 341 9707. Sincer ly, // (.A /k ,'1 Gene Aston Licensed Soil Scientist # 1261 �d FO SOIL `E AS �f. W .� NJ 12b1 �p� ® OFNOR1ttGPs StA Ntl Ntl r 1 ' (Joins sheet 13) Nd Ntl a Ntl'. DA0 ISLAN \ �I IJ :i5� .5fit AA Nh .Ne SHEET NUMBER 20 CARTERET COUNTY, NORTH CAROLINA Tm 76°37"30' 34'45'0O- sig S ,y5 ll w fµ. �3fliNtl =1 Y I r M1 d O P2oJE6-r: Spy 9 GOV. �p�� 22 2012 i SOSID: 0049445 Date Filed: 10/5/2011 9:02:00 AM CB-479 (39) Business Corporation North Carolina ]Ann Elaine F. Marshall 11-22.10 North Carolina Secretary of StateThis report may be filed online at the Secretary of State website: msw Name of Business Corporation: EVERGREEN CONSTRUCTION COMPANY Fiscal Year Ending: 05 31 11 State of Incorporation: NC M"M / Dry / Y. Secretary of State 10 Number: 0049445 ED I hereby cedlly that an annual report completed in Its entirety has been submitted and the information requested below (required by NCGS 55.16-22) has not changed and Is therefore complete. Nature of Business: CONST. & MGMT. Registered Agent Registered Office Mailing Address: County City: State: ZIP Code: Registered Office Street Address: County: City: State: ZIP Code: Signature of New Registered Agent: (Slanarora mmuwlm mnsanl ro Ma appdnMMntl Principal Office Telephone Number: (919) 848-2041 Principal Office Mailing Address: 7706 SIX FORKS ROAD, SUITE 202 City: State: ZIP Code: RALEIGH, NC 27615— Principal Office Street Address: 7706 SIX FORKS ROAD, SUITE 202 City: State: ZIP Code: RALEIGH, NC 27615— wnm, nue. aim ousness Xuaress or rnncipa11m cers' Name: Title: LYLE D. GARDNER PRESIDENT Address: 7706 SIX FORKS ROAD RALEIGH, NC 27615 Name: Tale: \ TIMOTHY G. MORGAN VICE PRESIDENT Address: 7706 SIX FORKS ROAD RALEIGH, NC 27615 C : State: ZIP: Name: Title: Address: C N: ne State ZIP .-•, v.........v.n,�o.au u, on Yualllaia Yurpagllaait. LYLE D. GARDNER 06951112-0-to TYPaor Pnm Name K191J1 . aae PRESIDENT Title