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HomeMy WebLinkAbout32-15EX Mid-Atlantic IRA LLC (Not Complete)Permit Class NEW (Express Permit Program) Permit Number 32-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Verint"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Mid -Atlantic IRA, LLC, c/o Cameron Smith 125 South Carrol Street Frederick MD 21701 Authorizing development in Onslow County adj. to Alligator Bay, Marsh Haven Subdivision, along Marsh Haven Rd., in Sneads Ferry, as requested in the permittee's application dated 12/8/14 (MP-1), 12/20/14 (MP-2 & 3), including the workplan drawings (3) dated 1/19/15, all dated received 1/28/15. This permit, issued on March 4, 2015, is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) This permit authorizes only the land disturbing activities associated with establishment of the Marsh Haven Subdivision, including roadways and associated utilities that are expressly and specifically set forth in the permit application and depicted on the attached work -plat drawings. Any additional land disturbing activities and/or construction shall be evaluated on a case -by -case basis by a representative of the Division of Coastal Management (DCM) to determine additional permit requirements. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. (See Attached Sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. YL Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Mid -Atlantic IRA, LLC ADDITIONAL CONDITIONS Community Pier & Kayak Launch Permit #32-15 Page 2 of 3 2) Unless specifically altered herein, this permit authorizes only the access pier and kayak -launching facility, all as expressly and specifically set forth in the permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this facility without permit modification. No non -water dependent uses of structures shall be conducted on/in or over public trust waters without permit modification. 3) This permit does not authorize any formalized boat slips. 4) No portion of the observation deck located within the 30' Coastal Shoreline Buffer shall exceed 200 sq. ft. 5) No portion of the permitted kayak facility shall extend more than Y< the width of the waterbody, as measured from the waterward edge of the coastal marsh to the opposing waterward edge of coastal marsh. 6) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7) Any portion of the permitted access pier constructed over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 10) It is possible that the authorized structures may be damaged<by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure. The permittee shall not hold the State of North Carolina nor the United States liable for any such damage. 11) This permit does not authorize the placement of any tie piles in association with the permitted structures. 12) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Mid -Atlantic IRA, LLC ADDITIONAL CONDITIONS Stormwater Management Permit #32-15 Page 3 of 3 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) The Division of Energy, Mineral and Land Resources, Stormwater Section approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW8070617. Any violation of the permit approved by the DEMLR will be considered a violation of this CAMA permit. Sedimentation and Erosion Control 15) All disturbed areas shall be properly graded and provide a ground cover sufficient to retain erosion shall be established within thirty days of project completion. 16) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. NOTE: The permittee has received a Sedimentation and Erosion Control Plan for the subdivision (Permit No. ONSLO-2011-088). Should the permittee choose to modify/amend the existing permit, he or she should contact the Division of Energy, Mineral, and Land Resources; Land Quality Section, at 127 Cardinal Drive Extension, Wilmington, NC 28405. General 17) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily. 18) The permittee and/or his contractor shall meet on site with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The building code or flood damage prevention ordinance may impose additional more restrictive requirements than the Division's standards for development in areas of environmental concern (AECs). NOTE: The U.S. Army Corps of Engineers has assigned the proposed projects COE Action Id. No. SAW-2008-01067). NOTE: An express permit application processing fee of $2,000 was received by the Department of Environment and Natural Resources for this project. NCDE�NR AF j"f2* North Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaart Governor Secretary March 4, 2015 Mid -Atlantic IRA, LLC c/o Cameron Smith 125 South Carrol Street Federick, MD 21701 Dear Mr. Smith: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (bufPcolored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, /9z Debra D. Wilson Express Permit Coordinator / Wilmington District Manager E4losuce4OI %t.l r✓m cc: Jennifer Antinori-Ennett, 252 Ennett Lane, Sneads Ferry, NC 28460 MHC 127 Cardinal Drive Est., Wilmington, NC 28405 Phone: (910) 796-7215 \ Internet:. htto://yortal.nedenr.orL7/web/em/ An Equal Oppodunily I Affirmative Action Employer— Made In part by recycled paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Mid -Atlantic IRA, LLC 2. LOCATION OF PROJECT SITE: The project site is located at the terminal end of Marsh Haven Drive, adjacent to Alligator Bay, in Sneads Ferry, Onslow County. Photo Index — 2006: 28-6494, A-D, 1-3 2000: 28-387, A-E, 1-4 1995: 28-375, A-G, 10-16 State Plane Coordinates — GPS File: NO 12915A X: 2482093 Y: 283201 Lat.: 34°25'48.32"N Long: 77°26'47.25"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 1/29/15 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — Complete 1/28/15 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Onslow County (B) Classification From LUP — Developed/Conservation/Resource Protection (B) AEC(s) Involved: ES-ORW, PT (C) Water Dependent: Yes (pier), No (subdivision infrastructure) (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic Planned - N/A (F) Type of Structures: Existing — Partial subdivision Planned — Proposed completion of the subdivision (road and utilities and kayak launch) (G) Estimated Annual Rate of Erosion: N/A Source— N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (coastal) (B) Non -Vegetated Wetlands - open water 4,140 sq. ft. (incorporated) (C) Other (Highground) +/- 62,000 sq. ft. (disturbed) (D) Total Area Disturbed: 1.51 (66,140 sq. ft.) (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: Yes S. PROJECT SUMMARY: The applicant is proposing to develop the remaining portion of an existing subdivision that is partially located within the 575' AEC and construct a community kayak launch (i.e. pier and platform). RECEIVED FEB 0 4 2015 aertnaarHn �,nr Mid -Atlantic IRA, LLC Date: January 30, 2015 Page Two 9. PROJECT DESCRIPTION: The Marsh Haven subdivision is located adjacent to Alligator Bay, along Marsh Haven Road, in Sneads Ferry, Onslow County. To get to the project site from Wilmington, travel north on US Hwy 17. Turn right on Old Folkstone Road in Holly Ridge. Continue along Old Folkstone Road and cross through the intersection of Old Folkstone and NC Highway 210. Continue along Old Folkstone for approximately 1.6 miles and turn right onto Chadwick Acres Road. Travel east along Chadwick Acres road for approximately 0.8 miles and then turn right into the Marsh Haven subdivision. Continue to the terminal end of Marsh Haven road and the project site will be located on the left. The property is approximately 100.59 acres in size with approximately 451 linear feet of water frontage. According to the application package, elevation at the property varies from 2'-3' above Normal High Water. Both residential and agricultural properties surround the property to the north, east and west and Alligator Bay borders the property to the south. The highground portion of the tract has vegetation that consists of Live Oaks (Quercus virginiana), Catbriar (Smilax sp.), Red Cedars (Juniperus virginiana), Wax myrtles (Myrica cerifera), Long -leaf Pines (Pinus palustris), Hickory (Carya sp. ), Maples (Acer ruhrum), and other hardwoods. The southern portion of the property consists of "404 type" wetlands and coastal marsh. The wetland areas are separated from the high ground portion of the property by a series of mosquito ditches, which runs parallel and perpendicular to the shoreline. A mosquito ditch runs the entire length of the property from east to west along the far southern shoreline, adjacent to Alligator Bay. Coastal wetlands vegetation borders the runs of the mosquito ditches and consists primarily of Smooth Cordgrass Marsh (Spartina alternii lora) and Black Needle Rush (Juncus roemarianus). High marsh species species such as Salt Grass (Distichlis spicata), interspersed with Sea Lavender (Limoium carolinanum), Salt Meadow Hay (Spartina patens) and Sea Ox-eye (Borrichia frutescens) complete the transitional area to the high ground. In addition to the wetlands that border the property along the southern shore, there appears to be another section of "404" Type wetlands located in the northeastern portion of the subdivision, which does not appear to be located within the AEC. According to the jurisdictional determination provided as part of the CAMA major application package, the "404" type wetlands on site have been verified by the US Army Corp of Engineers, and given an Action ID (SAW-2008-01067). As noted above, a portion of the subdivision is located within the 575' AEC associated with Alligator Bay and its tributaries. As a result, the applicant is requesting approval to install the remaining portions of roadway and utilities within the 575' AEC, as well as the proposed pier and kayak launch. The majority of the subdivision has been developed; however, the remaining portions (those located within the 575' AEC) have been cleared of vegetation. The applicant has existing permits, certifications and/or licensing from the NC Division of Water Quality's State Stormwater Section (SW8070617), Land Quality Section (Onslo-2011-088) and the Dept. of Transportation (Driveway Permit 0-1930) for development of the entire subdivision. The waters of Alligator Bay, adjacent to the proposed project area, are classified "SA-ORW" by the Division of Water Quality. Additionally, this section of the Alligator Bay is designated as a Primary Nursery Area by the Division of Marine Fisheries, and according to maps provided by Shellfish Sanitation, the area is OPEN to the harvest W&Ilfish. PROPOSED PROJECT: FEB 0 4 2015 P18NI-NIND CITY Based on the application package, the landowner intends to complete construction of the subdivision infrastructure to include roadways and utilities, and install a community pier and kayak launch. Beginning with the high ground development, the applicant is requesting approval to install the remaining roadway system within the subdivision, particularly the area within the 575' AEC. As referenced in "Attachment C" of the application package, Marsh Haven drive terminates in an unnamed drive that runs east and west. These drives approximate the 575'AEC and within this area, development is limited to 25% built -upon area (BUA). As designed, approximately 62,000 square feet of disturbance (or BUA) would be associated with construction of the roadway extensions and utilities installation. It is uncertain, based on the information provided in the CAMA permit application, how many acres or square feet are encapsulated within the 575' AEC, but the BUA percentage allowance(s) should be described in the details of the existing stormwater permit. Regardless of what was previously approved, the planned development within the 575' AEC shall be limited to 25% BUA. Twenty-nine (29) individual lots are located within the Mid -Atlantic IRA, LLC Date: January 30, 2015 Page Three 575' AEC and the approved BUA for each of these lots should be accounted for in determining the BUA allowance for the entire portion of the subdivision located within the 575' AEC. Please refer to "Attachment C" and sheet "CO" for information pertaining to the layout of the lots and road way as it corresponds to the 575' AEC. According to the application package, the remaining upland development would not result in the filling or excavation of any wetlands or open water areas. It should also be noted that with the exception of the proposed development discussed herein, any other development undertaken on the 29 lots located within the 575' AEC would require additional review by the Division of Coastal Management or the local CAMA permit official. In addition to the upland development, the applicant is requesting approval to install a community pier and kayak launch. As planned, the access pier would originate from high ground (near the terminal end of Harrison Court) and would span a vast section of both "404" type and coastal wetlands. The 5' wide access pier would span to the south, a distance of approximately 768', before terminating in a 12' x 20' platform. A 3' x 20' "step-down" would be constructed along the outer edge of the platform to provide access to the water for kayak launching and/or retrieval. Overall, the platform would measure 15' x 20'. A second platform would be constructed as part of this project; however, this platform would be located over high ground, and within the 30' Coastal Shoreline buffer. As designed, the platform would be located at the southern tip of the property, immediately adjacent to the upper coastal wetland alignment, and within the alignment of the proposed pier. At this location, there is a large berm, or mound, and the applicant wishes to take advantage of the elevation here by creating a more panoramic viewing platform. According to the site drawings, the majority of the 12' x 18' uncovered platform would be located within the 30' Coastal Shoreline buffer; however, no portion would be located over the adjacent wetlands. Based on the site plan drawings, water depths in the vicinity of the proposed kayak launch measure approximately 2.2', relative to normal low water. Considering that only kayaks will be launched and/or retrieved at this site, there should be minimal concerns regarding disturbance to the substrate. Should a permit for this project be authorized, it should be conditioned to limit water access to kayaks only. 10. ANTICIPATED IMPACTS The applicant's proposal of completing the upland subdivision would result in the disturbance of approximately 62,000 sq. ft. (1.42 acres) of high ground within the 575' AEC, contiguous with Alligator Bay. Additionally, the proposal to construct a pier and kayak launch would result in the incorporation of approximately 4,140 sq. ft. of public trust and estuarine waters. As designed, the 12' x 18' uncovered deck that is proposed is partially located within the 30' Coastal Shoreline buffer. Although the total square footage of this structure exceeds 200 sq. ft., only 200 sq. ft. or less would be actually located within the 30' buffer (see Sheet 1 of 1). Based on the site plan drawings, the proposed pier and kayak launching facility would be located within the applicant's area of riparian access (no waiver required), and would be located within `%4 of the width of the water body. Submitted by: Jason Dail for Debra Wilson (Express Permit Coordinator) in her absence. Date: January 30, 2015 Office: Wilmington RECEIVED FEB 0 4 7015 MARSH HAVEN Project Narrative: This project involves residential subdivision, which has previous permits issued and attached. Master plan enclosed of subdivision. A 401 is in place. There are a total of 29 lots which are partially or fully located with in the AEC, as shown on the master plan. Disturbed land and development with in the AEC area will include asphalt road installation and pier structure, as shown on enclosed work plat. Pier structures will be installed via standard marine construction methods. RECEIVED FEB 0 ¢ P015 PIT, RECEIVED DCM WILMINGTON, NO JAN 2 8 2015 Recommendations for State Permit — Mid Atlantic IRA, LLCfor Marsh Haven subdivision The total area of the kayak launch was calculated as follows: Shoreline length = 451 ft. x 8 sq. ft = 2000 sq. ft. allowable. Fixed access pier = 5' x 768' = 3,840 sq. ft. Upland platform — partially located within 30' Coastal Shoreline buffer —12' x 18' = 216 sq. ft. total Platform — kayak launch 15' x 20' = 300 sq. ft. Total = 300 sq. ft. The community kayak launch would provide water access for the community by way of a kayak launch. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the width rule and the eight square foot rule. The proposed structures would be located entirely over open water. This office has no objection to the proposed work provided that it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include the following conditions: It is staffs recommendation the proposed upland platform would be CONSISTENT with the Rules of 15A NCAC 7H.0209 (d) Use Standards for Coastal Shorelines (10)(F) which states "Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively exceed 200 square feet;" The applicant has stated the proposed observation deck would not exceed 200 square feet within the buffer. Regardless, a condition should be placed on the permit that restricts the size of platform in the 30' buffer to 200 sq. ft. or less. It is staff s recommendation that the proposed subdivision development would be CONSISTENT with The Rules of 15A NCAC 07H.0600 Development Standards Applicable to all AECS. 1. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on; in, or over public trust waters without permit modification. 2. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pier line and 1 /4 width of the water body. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation. 4. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury, which may be caused from existing or future operations undertaken by the United States in the public interest. 5. The permittee will maintain the authorized work in good condition and in conformance witkEdwvWms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the� pproject without having the permit transferred. FtB 1U15 Delm-r mMD EmrY 6. This permit authorizes six (6) boat slips. At no time shall more than six vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 7. This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 8. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alterations, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States or the State of North Carolina. No claim shall be made against the United States or the State of North Carolina on account of any such removal or alteration. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at 910-796-7215 prior to the commencement of any such activity for this determination. RECEIVED FEB 0 4 71115 Rem-fP1H6 e"- EXPRESS MAJOR APPLICATION TRACKING SHEET APPLICANT: Midatlantic IRA, LLC for Marsh Haven PROJECT: community docking facility LOCATION: Chadwick Acres Road, adjacent to Alligator Bay/Stump Sound, in Sneads Ferry FIELD REP: Dail/Wilson AGENT/CONTRACTOR: Antinori Construction, Inc. Initial Date Received in Office: 1-28-15 Assigned by District Manager: 1-28-15 Comments: Check if complete, or record date received: COUNTY: Onslow 10 DAY DEADLINE: To FIELD REP on: 1-28-15 Application Narrative Agent Auth. DEED Return Receipts Check No. and Amount Green Cards 1-28-15 1-28-15 1-28-15 1-28-15 n/a $200013469 1-28-15 Date: RETURNED TO APPLICANT, INCOMPLETE SUBMITTAL: Date: RECEIVED RE -SUBMITTED APPLICATION: Date: SENT ADD -INFO LETTER: NOTES: C .2�- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 MPLYTO ATTENTION OF: March 10, 2015 Regulatory Division Action ID No. SAW-2008-01067, General Permit No. 197800056 Midatlantic IRA, LLC. 125 South Carrol Street Frederick, Maryland 21701 Dear Mr. Smith Through coordination with the North Carolina Division of Coastal Management we have learned of your request to construct a docking facility at the terminal end of Marsh Haven Drive adjacent to Alligator Bay in Sneads•Ferry, Onslow County, North Carolina. Coordinates are: 34.5178 N,-77.3980 W. On January 1, 2011, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the submitted plans and the revised plans received on February 5, 2015, which are a part of this permit. 2. An as built survey of the structure and an exact coordinate location of the seaward end of the dock will be sent to our office for review for navigation concerns. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. RECEIVED DCM WILMINGTON. NG MAR 13 2015 -3- Mr. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED DCM WILMINGTON, NC MAR 13 2015 DCM MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name �1 antic, T''-fi LLU Project Name (if applicable) M ays avM Applicant 1: First Name Uma on MI Last Name m Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address v-M MC9,0 s+ PO Box city dlfhtt State M ZIP a '4 0 Country Phone No. - 509) ext. FAX No. Street Address (if different from above) City State ZIP Email 2. Agenb'Contractor Information Business Name 1 V Agent/ Contractor 1: First Name MI L st Name s"-fin On - E7nrv-i+ Agent/ Contractor 2: First Name —k1 MI Last Name / D4IW� Mailing Address 2 PO Box City Chi"' State /tVr/v ZIP pPhone No. 1 Phone No. 2 FAX No. N Contractor # NUU 2q 2 Street Add ress(if different from above) City State ZIP RECEIVED Email O�IM�in��r;_Cov�s�rv� ���ah�ucow� B�ttA-tC4FIBGl1 <Form continues on back> RECEIVED DCM WILMINGTON, NC 252.808 ;aCOAST anagemenJANJ 8 2015 Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Q iv) 1W State Rd. # Subdivision Name lVU ' ,3Qak State I -c Zip Z Mu Phone No.. 1 - 5 radditional page with list) Lot No.(s) (if many, attach t) I -Grp ext. Y • 3 0l J � - q a. In which NC river basin is'/ the project located? b. Nof body of water nearest to proposed project a a oly� ' 16 01-1-D c. Is the water body identified in (b) above, natural or manmade? ,PKatural ❑Manmade []Unknown d. Name th osest major water b to the proposed project site. 5 ro St e. Is proposed work within city limits or planning jurisdiction? L If applicable, list the planning jurisdiction or city limit the proposed Oyes 'F140 work falls within. U , �cor D�cd��. Dnsl�w m oSound '-bw nsh r P 4. Site Description a. Total length of shoreline on the t ct (ft.) ze of entire tract (sq.ft.) 5 t4 3�S 1,'l p0 91 Ci , s Size of Individual Ipt(s) elevation of tract above NHW (normal high water) or 4Approximate WL(normal water/ eqL(if or ❑NWL many lot sizes, please attach additional page with a list)1 HI r e. Vegetation on tract r maYsh l fi swarnn�y Sc nl b vro i-I tjto-n f. Man-made features and uses now on tract V A Cant +rL L+ UilirtkvtA o g. Identify and describe the existing landadjacent to the proposed project site. �/t7 1 t Lbb� h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? i� w,(^ r� to Imo, �� 2 C1 ilid t t"1 tC{,� (Att ch zoning compliance certificate, if applicable) Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes o ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED RECEIVED FEB 0 4 2015 DCM W)LMINGTON, NC - W=-Rlmo CITY IAni n n 2015 252.808.2808 .. 1.888-4 oastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? es []No (ii) Are there coastal wetlands on the site? Ves ❑No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ; Yes; []No (Attach documentation, if available) ,t , n. Describe existing wastewater treatment facilities. r f' o. Describe existing drinking water supply source. NM- 1 I o f tv,6 ur al + n`l ct p. Describe existing storm water management or treatment systems. NJft 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑ ommeroial ❑Public/Govemment *Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. DIY >L 6F QI2i��I0cv, N` j1 Ix-10 F1DV1CLL comill Uh61 YnZn113L'(S 1vrh/1 a � la0— �U uecieq d 11 i INGIrGY U�Wt *pcccss Yla, 1act4cu/-. w use. C. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. S-6mard ,rnamt WnO vt4Dl �ra,c J sVlw a ffk j -b OVA �oW, WUAJ aVIA 1 "w W ffQ/Y&' d. List all development activities you propose. Got�s%t� 5'x mot razz, V\)" 12xIIli& GL (p, 1►�gln round♦ con 0" -- ss vuci gyp' VaLgA 1AUYU0 WJ 3xzo sick Ds� �v���w acts �Oi1S c3—S Drcr marsh x33�' (�tzr out- kmD e. Are the proposed activities maintenance of an existing project, new work, or both? w IK v- f. What is the approximate total disturbed land area resultin from the proposed project? Sq.Ft or []Acres smu I 5q HIA QdS V4 g. Will the proposed project encroachfon any public easement, public accessway or other area I ❑Yes No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Njfl- i. Will wastewater or stornwater be discharged into a wetland? []Yes NNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No RNA j. Is there any mitigation proposed? ❑Yes KNo ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> FEB 0 4 2015 RECEIVED DCM-mw) rrlry DCM WILMINGTON. NO 252.808.2808 .. 1.888-4 .. www.necoastaimanagement.netJAN 28Z015 P Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application ' huction booklet on how to property prepare the required items below. project narrative. . An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. rt :)-j-/t .l f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must beadvised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. QGy.' Ld 5tJnk&VJ y� Name PA41C�t ( revs Phone No. Address CO RDX 3h4 .111 gOflllm N6 78541 Name 111y ivy 9V4$Oct &S Phone No. Address 3��5 NtC!"10 B�Vd,kLA4LNL GW g4sNq Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N vIS i i tsS r t ,a I �I d Uf bA W all . S gned consultant or agent a orization form, if applicable. Wetland delineation, if necessary. t w4m Sur , Uyny J. A signed AEC hazard notice for projects in oceanfront and Inlet areas. (M t be signecrby property owner) &ILl111-- k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 12.1 1 20 1!1 Print Name �(.i1111dti }�Yl'tl r1 Dlti 1'{ I f1t Signs Please indicate application attachments pertaining to your ❑DCM MP-2 Excavation and Fill Information CM MP-3 Upland Development CM MP-4 Structures Information fed project. ❑DCM MP-5 Bridges and Culverts RECEIVED FEB 0 4 Z015 BEhrt M1M!?i ear RECEIVED NILMINGTON, NC 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net JAN 2 8 2015 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. � dt"I ►/h. SOL JZDQd5 96duty Density (give the number of residential units and the units per acre). 1fILYI(A' W (,Ikia td Ini elm e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (1) If applic ble, has a sedimentation and erosion control plan been sub ad to the Division ���of L���an"""d"""Resources? IR Fos ❑No []NA l-1 (ii) If yes, list the date submitt d: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehi ular driveways or parking. 1. Give the percdnt� of the entiretract to beOc6vered bykpehrio and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. j. Describe proposed method of sewage disposal. inajv�dut(Sr�o� il�S tv., t 1AS 0 Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Size of area to be graded, filled, or disturbed including roads, ditches, etc. l a, ow sG R YWd "s UPI 9 �'sr4P-) 0V'v ovwte-g List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. RS>o h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? Yes ❑No ❑NA � C� (ii) If yes, list the date submitted: 40 Have the facilities described in Item (i) received state or local app Val? 'es ❑No ❑NA If yes, attach appropriate documentation. ODoes the proposed project include an innovative stormwate�ECEIVED design? ❑Yes ❑No A FEB 0 4 If yes, attach a ropnate documentation. Z�(5 MM,1 1,M "M P'h4 RECEIVED DCM WILMINGTON, NC 252.808.28082:: 1.888.4RCOAST n www.nccoastalmanagement.net re 2 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) V V�AAA I o. When was the tot(s) platted and recorded? &Z Date ,lq"c N Nan Project Name ',,/ y Applicant Name �] ,, X2 Applicaht/Signature n. (i) Will water be impounded? ❑Yes ❑No *A (Ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes 1$ []NA Wb �,�r t„ta Sbt& of ajN RECEIVED FEB 0 4 1015 NRrm_nNNr� term RECEIVED DCM WILMINGTON, NC 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmatiagement.net rev&AN 11$6M5 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment [Private/Community c. (1) Dock(s) and/or pier(s) (it) Number I, (III)Length n %roar (iv) Width rr (v) Floating ❑Yes �No e. (i) Are Platforms included? i�Yes []No If yes: ' ` (it) Number l (III) Length ,�� r r (iv) Width �S (v) Floating ❑Yes 4No Note: Roofed areas are calculated from ddpfine dimensions. g. (i) Number of slips proposed P RNbar of slips existing 1. Check the proposed type of siting: ❑ Land cut and access channel t ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required []Other; please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? ❑Yes KNo (ii) If yes number of tie pilings? ❑This section not applicable b. (!)Will the facility be open to the general public? ❑Yes XNo d. (1) Are Finger Piers induced? []Yes X4o If yes: (11) Number _ (III) Length Qv) Width _ (v) Floating []Yes []No f. (i) Are Boatlifts included? []Yes IXO If yes: (it) Number _ (III) Length _ (iv) Width h. Check all the types of services to be provided. Iv I R ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, c1hharteelr boats, sail boats, mixed types). I" RECEIVED FEB 0 4 2015 I. (1) Will the facility be open to the general public? VCRA-MINM ro" []Yes ANo RECEIVED DCM WILMINGTON, NC JAN 2 8 2015 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagemetit.net revised: 12/27/06 Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included In the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpoul; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? aFCFIVFn k. Describe design measures that promote boat basin flushing? FEB 0 4 2015 I. If this project is an expansion of an existing marina, what types of services are currently provided? 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanagemengnet DCM WILMINGTON, NC JAN 2 8 2015 revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) m. Is a marina/docking facility proposed within a primary or secondary nursery area? as ❑No A Illllllsls Ahe marir'docking facility proposed within or adjacent to any shellfish harvesting area? Yes S Is the ma„na%docking facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or ottt�h(��'��[S errwetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑��`�� CW ❑SAV ❑SB )� OWL []None ® Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes XNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Publio/Govemment ❑Pdvate/Community (ii) Number _ (iii) Length (Iv) Width Note: Roofed areas are calculated from ddpline dimensions. 14. GROIN (e.g., wood, sheetpi/e, etc. If rock groin, use MP-2, Excavation and Fill.) XThis section not applicable a. (i) Number (11) Length Ili!) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) �(Mis section not applicable I a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS Is section not applicable a. is me stmcture(s): ❑Commercial ❑Public/Govemment ❑Pdvate/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ U. Numoei d. Description of buoy (color, inscription, size, anchor, etc.) B 0 4 7111E - ECEIVED DCM WILMINGTON, NC JAN 2 8 2011 252.808.2808 :: 1-888-4RCOA5T :: www.nccoast. Imanalement.net revised: 12/27106 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. a41 Mll�u t'�ttiu �?�` Puri Prn ��I ANote: For buoy or oonng pill , use arc of swing including length of vessel. Width of water bodyu Gfrox 66b d. ter depth at watenvard end of structure at NLW or NWL 1 IM 0 Old d l ? e. (i) Will navigational aids be required as a result of the project? []Yes []No XNA (ii) If yes, explain what type and how they will be implemented. 18. OTHER U(This section not applicable a. Give complete description: /�1.t& ak D 19 Date 14mh, oclti Prniact Name Applies Signature RECEIVED FEB 0 4 2015 ��`rm:�nwn emr DCM WILM NIVED GTON, NC JAN 2 8 2015 252.808.2808 :: 1.888.4RCOAS7 :: www.nccoastaimanagement.net revised: 12/27106 r WIC r GIOZ S 9 Nd I Ig 9x9 1 C4 4ax9 hq RECEIVED l' A FEB 0 4 P15 1 �F��_pN4,P1 F'IfY 9hh RECEIVED ,.M WII_MINGTON, NC JAN 2 S 205 A r 3� it4pw J 2xh RECE -zs �- FEB o nrr�n_�n ?Ah R EIVED DCM I INGTOt J N 82015 ih:TvA�A�. VED 17015 ,m WI Y I. NC 1) Propo.ed lot and right or say Ilne. taken from .n9Fe.rYq plane prodded by Roml. ! Tun.loll CmMUna Fn9inaer., Ma. 2) Thia m� hw bean tram from Nfarmatbn w staled and dl Yrprorwnent. . proposed and we for plannh9 P covs and. No raWd said .urwy hoe bean pwforrnad PrNYnhary% not for recadr8an, annwyanam or bet. 2) My and dl d oOrnrntd reaWoBma Fedwd. Stata, Load. "', H.O.A. aced, Eta rt W wlMd MM ih4 par` rupm.ele for �fpohq f1. rabbtbnr prbr to any dMgn 2 daeA lesT i oraraa ty MPL arawin9 Name: I 4 i ?O D4� y. 4� O CHPONCN CO 4C�r5 NORTH Sltew R �aN W P CHADWICK BAY VICINITY MAP AREAS: PROPOSED IMPROVEMENT = 4,004.4 SF PROPOSED IMPROVEMENT OVER UPLANDS = 128.4 SF PROPOSED IMPROVEMENTS OVER WETLANDS = 2.020.5 SF PROPOSED IMPROVEMENTS OVER WATER = 1,855.5 SF FEB 04, 2015 ILLUSTRATIVE MAP FOR: MARSH HAVEN DCMMHDCITY Proposed Pier and Kayak Launch Marsh Haven at Alligator Bay Stump Sound Township, Onslow, County _ North Carolina Date: ory 1g, Sheet 1 0! 1 t7 8AR SCALE P= 40' G b slyV M an 1. r- m Kin � Talbot Land Surveying, P.C. Ilo z �4 16747 O.S. Hwy 17. Suite 108 Ffl Hampstead, North Carolina 28443 00 y uo.aa. C-R9RR { 1 Mona: (ets) 270-9824 0 marSN NTS STE DATA .a amN. ; mom - ea a .Al vpwm 35' mo w 5tt MMER IN, W If' "'OpbEO pYBIIC SIPFfl3 ff.UFCIM WMY w�AO' RM NRM L W RfM .. dRtRNdWRA CPNWGf /.W"ANR MY GV.41MRgN: ME q]IRMI: SNVM PFApY IW MRM: 6 lW CFNSIM sfN1pPMEM O 3SR MIII:YMIE dPWNVs MG 0.WIE0 P6C3NML OMIGPYFM xl)NCfR ]3142 IIR rota M1M]G ar L09 p14Vf a NVWOaI°19 %N56R Cs sI ]NWOT e,m]sa •YEP.bf AT 91F: YAWOY OMH ITRATIARI O.H IC IPUAda w WAm wmm fL'C / P\4WAG 9 ENER TYPE PPNNf M mf TIGIMFM SSEV 0`I]NNWL 5FPswfn flRf[l6: PIIWl0 I1w0i ER s1MVT MPWfgV8 MRI5: omens n],Ize eP MMfJMENCIW av PdEMRET. ..am Ipm N Iu Innox eF FMIe IOV11uvfM%VS: MIA MTll.IIe y RG sfr IF M FARIVIFD W46 OR t OF VRRT. WMNgiA Is CRMRA OVER: FMPU51 MM1VlRK. LLS FBJ CWFMM Iss a.°Hcruo]"u. s�inm. wlrz >m mlowlx. vo mTm SIIMEYOPo 5h1'UA! 301 . FRORI CSIPFflI .0" S:.F.E1Yb I11 N:1RSlEN. MreC. RBNJ 9101]D-s]3{ 014d[O[ NOMU k PA6Rll tl MTV. PMMWM ."Al raw Alen a I'm NMM GMUM fWI PWN .m. lww FAN NV ]ilO0PM6 ft0] NWFNBFA 0]. Yq] NOTES: I. WETANDS EXIST ON SITE AND PRE SHOWN ON PLANS. WOUND IMPACTS HAVE BEEN PERMRTEO WITH THE CORPS OF ENGINEERS BY OTHERS, 2 SANITARY SEWER FOR PHASE II LOTS WILL BE DESIGNED BY OTHERS AND PERMUTED BY LOCAL ONSLOW COUNTY HEALTH DEPARTMENT, REFER TO SEWER PWIS FOR ALL SEWER EASEMENTS. 3. EXISTING TOPOGRAPHIC, BOUNDARY AND WETLANDS SURVEY INFORMATION FROM STEW'ART ENGINEERING. EXISTING SPOT ELEVATIONS BY PANL TALBOT, PLS. BOTH PROVIDED BY OWNER.. ALLIGATOR BAY ALLIGATOR BAY ALLIGATOR BAY RECEIVED DCM WILMINGTON, NC JAN 2 8 2015 uvi - WILLIAM & LISA HOLLAND ONSLOW COUNTY MARY JANE KOMAN VERNON HOWELL >0 \eX7 WILLIAM & EDNA MALCOLM LCUCIVU ___ ..,_ :so R.R CHADWICK ACRES RECEIVED I9fef�l FEB 04 2015� - G`(tyl-�HnW f 14* B.R. PACE SCALE: 11I = 200' o® CO RECEIVED DCM WILMINGTON, NC JAN 2 8 2015 .r K vmwo i ,' 1 � p k jj � ki I j yl' '�'K -1�♦ /KK ,.I 1 ��••� iii M ' KY i �� 11 ' RECEIVED 17 FEB 0 4 1175 9 KK RECEIVED DCM E�� �AY✓ e wr (� WII MINGTON. NC JAN 2 8 2015 AXW NC® North Carolina Department of Environment and Natural Resources Pat McCrory Governor Midatlantic IRA, LLC Donald R. van der Vaart Secretary March 2, 2015 m ;PJN W DWR Project # 20110893 V3 JOT ` Onslow Count ., v Attn: Cameron Smith 125 South Carrol St. d"aaoratRMIT Frederick, MD 21701 Subject Property: Marsh Haven Subdivision Community Kayak Launch, Sneads Ferry No written Concurrence Needed Dear Mr. Smith: You have our approval, in accordance with the attached conditions and those listed below to construct a community kayak launch, as described in your CAMA Express application dated February 2, 2015 and received by the Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on February 2, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3883 (GC 3883). This Certification allows you to use the General Permit 198700056 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the General Permits or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this General Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H .0501 and .0502). RECEIVED 127 Cardinal Drive Extension, Wilmington, North Carolina 25405 DCM WILMINGTON, NC Phone: 910-796-7215\Internet: www.ncdenr.gov MAR 0 2 2015 An Equal Oppodunily 1Alfinnalive Action Employer -Made in pad by recycled paper Midatlantic IRA, LLC Attn: Cameron Smith DWR Project # 20110893 V3 March 2, 2015 Page 3 of 4 10. Certificate of Completion The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within 30 (thirty) days of project completion. Mail to: NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification of completion is available at: http://portal.ncdenr.org/web/wo/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 11. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 115A NCAC 02H .0502 (e)). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this certification and its conditions are final and binding FtECEIVED OCM WILMINGTON, NC MAR 0 2 2015 J EXPRESS MAJOR PERMIT FEE SCHEDULE Marsh Haven Community Docking Facility/$2000IOnslow Co. DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial devel does not involve the filling or excavation Cany wetlands or o en water areas: $2 100% $250 0% $0 II. Public or commercial development that not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED FEB 0 4 2015 0CM-MH1.1 ('rr* E C U � N � O U � �a U Z 0 O N x O O O m U@din@) OOOO � o U u_o�� 0❑ o00o v'-zo� U o x m M ry Q oi'� v o z z z z z , .z v w a U 0 a yVj N 2 m W W N N v m O O 6,2 2O N N h N . z6`mvvvv EE:1m6NNao v v_0 oa'c'o 'm5 as o.m x o .... o 00 00 o0000 oo oo f- m m m °rj O'nnm�Mc r u m m _co U a M'o M m m o ro o � N m r U m O Q r LL 16 E^ m e : `o LL m IL LL LL m m> m IL u J U U a � Q � c o Q a u E p v o x vOay m' >.w v O m(� c o0 mromm m u M c `o C9.a v v2 'x m U E E o° c@ o v m m m> t m m ,'J_ LL U O Q m x m N N E E E E v t� c7 o co b N U N N ryO U P m m V U V U 3 S c@ E O O o c c _ =o00 m ti o ccr� m y (? U U o 0 o U¢ 0 0 0 rn c M M M M U m CO m 0'0 o g ro` rnmorrnv q� U G N rn rn o_i _m c v o L U U U U U Q Q N N N Nm Vl m N N N N N N NN N.N N Uy d N N N N N N N N N NN N N N N N N N N N N N N N N N N N N N N N N N^ N N N APRA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor February 2, 2015 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Donald R. van der Vaart Secretary Re: Major Public Notice for Midatlantic IRA, LLC for Marsh Haven S/D Kyle & Heather: Please publish the attached Notice in the Thursday, February 5, 2015 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, ' Shaun K. il S1mp so " Permitting Support & Custom r Assistance Division of Coastal Management MINEWAVII'lue Jonathan Howell - MHC DCM RECEIVED Tyler Crumbley - USACE FEB 0 4 1015 Michele Walker- DCM Wopn. Mr"l (,!TM N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA. On January 28, 2015, Midatlantic IRA, LLC proposed to develop the remaining portion of Marsh Haven SID, and construct a community kayak launch at the terminal end of Marsh Haven Dr., adjacent to Alligator Bay, in Sneads Ferry, Onslow County. A copy of the application can be examined or copied at the office of Debra Wilson, N.C. Dept. of Environment & Natural Resources, Division of Coastal. Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910- 796-7266) during normal business hours. Continents mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to February 26, 2015 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED FEB 0 4 2015 Betm-mmD erry Pat WGrory Governor ANA VCLDU North Carolina Department of Environment AGENT AUTHORIZATION FORM Date: DL 1 �t 9 Name of Property Owner Applying for Permit: Owner's Mailing Address: Email: C i ,^� M 1 h r L Q.bl . (-0rY1 Phone L Resources John E. Skvarla, III Secretary Namq of Authorized Agent for this project: Agent's Mailing Address: sy Cos FGt' M »L m4k Email: art�tnoV1_�C�S+ni�Ib1�y _ Phone (9 f0 )S e) - Li1 I certify that I have authored the agent listed above to act on my behalf, for the purpose of applying for, and obtaining all LAMA Permits necessary to install or construct the following (activity): For my property located at YY1lt Y k Ht7AC �(AlQJI VI C IQ(: 'Paif- ut SD� b3152.52 This certification is valid 1 year from (date) 2 Property Owner Signature Date N.C. Division of Coastal Managernent 127 Cardinal Ori9a Ext„ Wilmington, NC 26405 Phone' 910-796-72151 FAX: 91M953964 Internet: www.n=stalmanagement net An [No lor+muury 1 kimm i;ve Action En'4bper RECEIVED FEB 0 4 2015 po�rP^n,r� C?t?Y RECEIVED DCM WILMINGTON. NC 60/10 39Vd A9070iVWN3Q Nd31SV3 94T999LZ9Z JAN $ 6 2015 LV:60 PTH/EZ/01 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to; by D. Is d Ifs M WI JAN 2 8 2015 l Agent ❑ Addre 11rp , m Item 1? ❑ yes below: ❑ No 3, Service Type c 'I ❑ Certified Mail® ❑ Priority Mall ExpreseRI N/' 2 v ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collecton DeliveryFEB 4. Restricted Delivery? (Extra Fee) leNx•� ste 'Srrfii_s�t I�ee�Y)}}OZ:--LL-#O (��s5g013 3020 0002 0025 2689 19 rm 381 Jul 20 3 rt 4Dome c Return Receipt ■ Complete Items 1, 2, and 3. Also complete A. u 7 item 4 if Restricted Delivery is desired. 1�" ® -Agent ■ Print your name and address on the reverse X u— ❑ Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. R el �ib� nolea' ame) \ � a � 01Pate of Delivery or on the front if space permits. �1. c. I — 1. Article Addressed to: D. dlivery address different from Item 17 []Yes' D10-N YES, enter delivery address below: Ergo \ �Ili`ya�o� �t� �soGa-ks e������ RE 31D�15 YYI�. DiGb10 1 V, �Cjo FEB g46gq 10�1 3. Service Type ❑ Certified Mail® ❑ Priority Mail Express` ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ yes DOD1 3991 3809 2. ArticleNumber Arras rfroms 7012 2920 (7"mnsler from service labeq PS Form 3811, July 2013' - Domestic Return Receipt RECEIVED RECEIVED DCM WILMINGTON, NC FEB 04 2015 JAN 2 8 2015 R19'" -Y'F' P'i! OEM North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor Secretary January 30, 2015 Antinori Marine Construction Attn: Jennifer Antinori-Ennett 252 Ennett Lane Sneads Ferry, NC 28460 Dear Ms. Ennett: The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of the applicant (Midatlantic IRA, LLC) for development activities in the Marsh Haven Subdivision, in Sneads Ferry, Onslow County. It was received as complete on January 28, 2015, and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program. Under this expedited process, the projected date for making a decision will be on or around February 28, 20IS. Please be advised that this project will also require authorization from the US Army Corps of Engineers. The majority of CAMA major permit applications that also require Federal authorization are processed as a joint review under the CAMA Major Permit / Corps of Engineers 291 General Permit process. Under most circumstances, the Federal review of these applications would be after February 28, 2015. If the US Army Corps of Engineers does not render a decision on your project by the time a CAMA permit decision can be made, the Division of Coastal Management will render a permit decision on the CAMA Permit only. Should that occur, the US Army Corps of Engineers would most likely process your project as a General Permit 291. Should you wish to place your project on hold before February 28, 2015, pending the receipt of the Federal decision, the Division of Coastal Management will render a decision once the Federal comments are received. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. kn eDRepresentative RECEIVED FEB 0 4 2015 Enclosure p npe any e r»� cc: Jonathan Howell, DCM Tyler Crumbley, COE Maria Dunn, NCWRC; Chad Coburn, NCDWR Sue McLaughlin, LPO Onslow County Mid -Atlantic IRA, LLC C/o Cameron Smith, 125 South Carrol St., Frederick, MD 21701 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX:910-395-3964 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer T [T I11N11111111111NI : 008741340009 Type: 4CAP RocoIDe03/07/2011a0B;ad3:24 AM Fe Ant: $43. do Pepe 1 of 9 Revenue Tax: $0.00 0,31" County NC Rebecca L. Poilard Rep. of Deeds m3561 Po725-733 ��ff��Me deed Presented to MazIr- 009 edd; 021000e3t T0.a: 0Rp Ruco1071237:12 n FMe: 1143.00 Pape 1 of B EYo1ee Tax: 30.00 Mcounts' NC Deorah T Ilarrinaton Me ce DEEDS Ba2832 Pa828-836 (Space Above for Recorder's Use) NORTH CAROLINA SPECIAL WARRANTY DEED ONSLOW COUNTY This instrument prepared by: EXCISE TAX: $0.00 Bradley D. Pines, Attorney Parcel Identifier No.: 774-48 1698 E. Arlington Blvd., Greenville, NC 278.58 'No Fair Examinanon has been performed by side The prupmy herein wnveyod does not include preparing alt0mey. the primary residence of the Grantor. Mail/B..; 0anles, 125 Somh Carroll Street, Suite 2M, Fredrick, MD 21701 THIS DEED made and entered into this=1% day of January, 2011, by and between CAMERON L. SMITH, M.D., WALTER RAY GAMMON, M.D., RICHARD J. MURPHY, M.D., RICHARD S. LEWIS, M.D., CHRISTOPHER B. MIZELLE, M.D., MATHIJS BRENTJENS, M.D., and ERIC R. HOWELL, M.D., TRUSTEES OF THE EASTERN DERMATOLOGY & PATHOLOGY, PA. 401(K) PROFIT SHARING PLAN AND TRUST FOR THE BENEFIT OF CAMERON L, SMITH, M.D. c/o Christian E. Porter, Esq. 1698 E. Ariinaton Blvd. MIDATLANTIC IRA, LLC FOR THE BENEFIT OF CAMERON L SMITH IRA 125 South Carroll Street, Suite 250 Frederick, MD 21701 The designation Grantor and Grantee as used herein shall include said pardes, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter, as required by context. i W ur s next. ThF 0.r 0 OffN... BgA g P . 4 r . ITT i COUNTY 0n':_ NC. RECEIVED FEB 0 4 7015 rolrn: mnm FITT Book: 3561 Page: 725 Page 1 of 9 esa::2eaz,ea9•:eze RECEIVED 13JdCM9NI I MIW WO 11,41W(amber JAN 2 3 2015 ieage a oe 91 '.Y 1 Deed Page 2 of 7 WITNESSETH: WHEREAS, the real property described below was conveyed to Cameron L. Smith, M.D., Walter Ray Gammon, M.D., and Richard J. Murphy, M.D., as Trustees of the Eastern Dermatology & Pathology, P.A. 401(k) Profit Sharing Plan and Trust for the benefit of Cameron L. Smith, M.D., by deed recorded on October 24, 2006, in Deed Book 2756, Page 101 in the Onslow County Public Registry; and WHEREAS, the current trustees of the Eastern Dermatology & Pathology, P.A. 401(k) Profit Sharing Plan and Trust are Cameron L Smith, M.D., Walter Ray Gammon, M.D., Richard J. Murphy, M.D., Richard S. Lewis, M.D., Christopher B. Mizelle, M.D., Mathijs Brentjens, M.D., and Eric R. Howell, M.D.; and WHEREAS, the Trustees of the Eastern Dermatology & Pathology, P.A. 401(k) Profit Sharing Plan and Trust have been duly authorized by the plan participant, Cameron L. Smith, M.D., to make this conveyance to Grantee for the benefit of Cameron L. Smith. NOW, THEREFORE, Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to him in hand paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does hereby bargain, sell, and convey unto Grantee all that certain lot or parcel of land lying and being in Onslow County, North Carolina and being more particularly described as follows: SEE ATTACHED EXHIBIT A INCORPORATED HEREIN BY REFERENCE. TO HAVE AND TO HOLD the foregoing described tract or parcel of land and all privileges and appurtenances (hereunto belonging or in anywise appertaining unto the said Grantee in fee simple forever. And Grantor covenants to and with the Grantee that he has done nothing to impair such title as he received, and he will forever warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: deeds of trust of record; current taxes and assessments not yet due and payable from the date hereof and subsequent years; and all covenants, conditions, restrictions, reservations, easements, rights -of -way, and declarations or other matters of record. ��t BARRi,�c o: 4i P T o • C01JNTY RECEIVED FEB 0 4 2015 r1F IM.:�H[�' p17q Book: 3567 Page: 725 Page 2of9 Baok:2832,eage:820 RECEIVEDDCM&!LNZq-,��1��(a��beT Book 35 1, JAN 2 8 2015 w-q. .. o. 9j Deed Page 3 of 7 IN TESTIMONY WHEREOF, the said Grantor has hereunto set his hand and seal this the day and year first above written. EASTERN DERMATOLOGY & PATHOLOGY, P.A. 401(K) PROFIT SHARING PLAN AND TRUST FOR THE BENEFIT OF CAMERON,-L. SMITH. M.D. By: By: M.D, Trustee By (SEAL) RICHA$/J. MURPHY, M.D, Trustee By: �•'�' , (SEAL) D S. LEWIS, M.D, Trustee By: (SEAL) CHRISTOPKER B. MIZELLE, M.D, Trustee By: (SEAL) MATHIIS BRENTJENS, M.D, Trustee By (SEAL) ERIC R. HL .D, Trustee RECEIVED FEB 0 4 1015 pintlq'A?MPa rdW'f RECEIVED Book: 3561 Page: 725 Page 3 of 9 eeor:283:,Pa":e2e DCM WILMINGTON, NC Book 3561, Pane 725, File Number JAN 2 8 2011 �eeg¢ • e2 �3J Deed Page 1 of 7 STATE OF NORT C OLINA COUNTYOF I I certify that the following person(s) personally appeared before me this day, each acknov that he or she voluntarily signed the foregoing document for the purpose stated therein and in the indicated: CAMERON L SMITH. M.D.. Trustee. Eastern Dermstnlnav A, Pathntnay. P.A Witness my hand and Notary Seal this the -a day of January, 2011. low] Signature: 1�.�z b �. a-6& r- .. Yryl(J/� � '-� Print Name: reVtl s Notary Public My Commission Expires: ciN 09,ZC12 STATE OF NORTH CAROLINA COUNTYOF P4 to me 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose slated therein and in the capacity indicated: WALTER RAY GAMMON. M.D.. Trustee. Eastern Dermatoloev & Pathnlnav_ P.A. AAMI JAI Witness my hand and Notary Seal this the (_I day of January. 2011. Signature: C7K'l7MH"'�a 6. &fliyfts Print Name: 1J1�cy& t) iwrews Notary Public My Commission Expires: -dqAw~ Zll 7 01 Z Book: 3561 Page: 725 Page 4 of 9 RECEIVED FEB 0 4 7015 pr4w�-rrrrN�« �,nnv (�t�/, `^R,I1E�C/�EIIIV/�EDn t�'�. nao��3391: 4Ag2'%9-:rFile Eh"m JAN 2 8 2015 Deed Page 5 of 7 STATE OF NORTH C IAROLINA COUNTY OF __P�'J I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: RICHARD J. MURPHY, M.D., Trustee, Eastern Dermatology& Pathology P.A. 401(k) Profit Sharina Plan and Trust nd Notary Seal this the 6 day of January, 2011. Signature: �'j�P.,y��'1(), \}ideww5 Print Name: t �"o* D WS Notary Public My Commission Expires: 12 STATE OF NORTH CAROLINA COUNTY OF N 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: RICHARD S ) RWIS. M.D.. Tmstee. Eastern nerm.rntno., le, van,.,in,r., a e nmrvs o...r:. nd Notary Seal this the 11 day of January, 2011. Signature: _gaf icb f), 0f3w'ws Print Name: -&Vida t> AY&eWs Notary Public My Commission Expires: 7S YyWj 2-1 , 2OiZ- RECEIVED �Z BA?nV. ••.� FEB Q 4 1015 f yam:'. '• O. rL : _. PIT7 M"°:fb1.7.wF?a MHK o : COUNTY : ye N.G. TC •'. ..........�G Book: 3561 Page: 725 Page 5 of 9 ��((y RECEIVED �S Hoo1n (31VI 1NIL��lifll��Ri er JAN 2 8 Z015 Deed Page 6 of 7 STATE OF NORT(�H. `C1AROLINA COUNTY OF p f1T I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: CHRISTOPHER B. MIZELLE. M.D.. Trustee. Eastern Derma-lologv & Pathology. P.A. 401fk1 Profit Sharing Plan and Trust . My Witness my hand and Notary Seal this the Za day of January- 2011 Signature: t-N-ndo Q. oyYy"5 ' Print Name: Byer o p, N6yfw5 Notary Public 11 Expires: 2k Zd)Z STATE OF NORTH IC'AROLINA T COUNTY OF r A+ 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose staled therein and in the capacity indicated: MA.THIIS BRENTJENS M D Trustee Eastern Dermatology & Pathology P.A. 401(k) Profit Sharing Plan and Trust Witness my hand and Notary Seal this the 1 7 day of January. 2011. Signature: 13t+r o o AFA�g1[m-`✓' Print Name: ley' do n ,n4tws Notary Public My Commission Expires: J011UQyy Z$, 2012 RECEIVED .ray;, FEB 0 4 2D15 Book: 3561 Page: 725 Page 6 of 9 RECEIVED Hook .%;jf,+ M BQl1@1PSRJ I�ir JAN 2 8 2015 Deed Page 7 of 7 STATE OF NORTH CAROLINA COUNTYOF P I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ERIC R. HOWELL, M.D.. Trustee, Eastern Dermatoloey & Patholoev. P.A. 401(k) Profit Witness my hand and Notary Seal this the A dayofJanuuv.2011. low) ' 4 Signature: Q'YXbt, 8114WA5 Print Name: QAu'& N- 4pceW s Notary Public Expires: Jd—24 RECEIVED '.OAf q ......... c�,�; FEB 0 4 1014 f : ca Pl'. t +v : � - P'"aHA'ti�r�nt ro�l♦x �S7rn per... 9o5k2832,ezge:806 RECEIVED Book: 3561 Page: 725 Page 7of9 gwjhjyy,)q{_p�jlg(�{`�j�i.tnmter JAN 2 3 2015 )Page 8 0£ 9) EX1ffBif A Cameron L. Smith and wife, Barbara 1- Smith Page 1 All that certain tract or parcel of land lying and being in Stump Sound Township, Onslow County, North Carolina, lying on the south side of Chadwick Acres Road and being more particularly described as follows: Beginning at an existing convete monument in the southern right of way line of Chadwick Acres Road, which monument marks the northeestemmost comer of Alligator Bay as shown on a plat recorded in Plat Book 42 at Page 75 of the Onslow County Registry and the wrlhwcstan comer of that .347 acre of land described in a D"d to Chadwick Shores. Inc. in Deed Book 674, at Page 247 of the Onslow County Registry; running thence from this point of beginning along and with the southern right of way line of Chadwick Acres Road South 730 331341 East 60.02 feet to an existing iron pipe; thence leaving the right of way of Chadwick Acres Road running South 14" 09' 75" West 160.49 feet, South 31 P 41'481East 66.17 fees North 58" 14' 44" East 150.) 5 feet, South 35" 16' 35" East 231.82 feet, South 35" 16' 45" East 145.92 feet to an existing rebar; thence along and with the William and Edna Malcolm line ac shown on soup recorded in Plat Book 51 at Page 125 ofthe Onslow Cowry Registry South 350 I T 22" East 1,310.63 feet and South 350 17' 22" East 971.04 feet to an existingconerete mort mtent;theuce South49a 58' 03" West 518.58 feet and South 500 51' 17" West 644.21 feet to the mean high water line as established as of October 2006 ofAlligaforBay, running thence along fie mean high water line the following courses and distances: North 890 49' 20" West 65.17 feet, North 54" 08' 41" West 99.34 feet, North 650 16'28" West 91.63 feet, South 590 55' 17" West 124,50 feet, South 75' 44' 43" West 88.69 feet, South 610 33' 57" West 91.I7 feet, South 4r 03' 02" West 98.29 feet. South 30 53' 12" West 71.57 feet, South 3803V 02" West IS 1.60 fat, North 25°33,13" West 99.39 feet, North 05` 45' Book: 3551 Page: 725 Page 8 of 9 RECEIVED BAkktiG r`*< \ FEB 0 4 7015 119- n S Tt; Ft pF, ,• aook:ze32,Px9e:929 r'� RE�C,� 17Ftir.e Ax Eook 3 e tanober R, M e i unb JAN 2 2015 .oyo ,cage s or. sl EXHHHT A Cameron L. Smith and wife, Barbara L. Smith Page 2 24" West 81,50 feet, North 39" 52' 54" West 26.91 feet, North 57a 42' 39" West 31.95 feel, North 68° 48' 30" West 62.63 feet, North 54" 28' 55" West 157.95 feet, Nonh 44" 02' 23" West 183.89 feet, North 5lo 50' 20" West 142.06 feet, Nortb 57° 25' 37" Wcst 105.50 feel, North 64" 06 49" West 84.93 feet; thence leaving themean high watermark and running North A' 13' 21" West 351.62 feat Nonh 16" 35' 26" East 166.93 feet, Thence North 31° 45"21' East 193.69 feet; North 49" 21' 13" East 225.73 feet, North 014 00' 03" East 275.00 feet; thence North 000 33' 55" East 87.95 fee; thence North 00° 33' 55" East 97.27 fat, North 090 21' 55" West 96.48 feet, North 22" 11' 06" West 173.85 feet; North 23° 29' 49" West 116.52 feet, North I S" 40' 21" West 85.94 feet, North 06639' 54" East 157.84 feet, North 02* 13' 22" West 207.73 feel, North 03- 59' 15' West 105.42 feet, and North 58" 33' 45" Fast 790.26 feet to an existing concrete monument; theweNorth 31044' 33" West 91.28 feet, and North 14" 10' 58" East 188.79 feet to m existing concrete monument in the southern right ofway line of Cbadwick Acres Road, the point ofbeginning, containing 112.46 acres, mom or less, all according to a survey end plat pin for Cameron Smith by Stewart, dated the 2r day of September, 2006. NORTH CAROLIKk PITT COUO I, Oeboroh T. Barting>on, Reglater o1 Geedata PId Coemy' N.C. do hereby certify that the toregoln0 on file in d t� / and correct copy of the Paga- R this oflice as recorded In Book w `j :mac\_. WITNESS hood othcidseallNs —L= qOr r�Tr ., day s COUNTY �= DEBOW gSTEROFDEE05 O RECEIVED FED 0 4 2015 Pr>r"::to, w. ", Fgfly Book:3561 Page: 725 Page 9 of 9 eoorzerz,e.ye:eza RECEIVED souk, r�nhANk� Nf-'3�frPV eY JAN 2 8 2019 J� CeQ of patwma"144E PREPARED BY: GEORGE L. FLETCHER, ESQ. FLETCHER. RAY & SATTERFIELD, LLP ATTORNEYS AT LAW TAX PARCEL ID NO.: StarnPs- �3 4144a.co STATE OF NORTH CAROLINA COUNTY OF ONSLOW ��II�NUOoc��IfNAWYAIE���rn9�I�Wf Recorded: 10/24%20060at Type: CRP PM Fee amt: $4,626.00 Page 1 of S Exclse Tax: $4,499.00 MiOn ldredOnu(TThomas OReglster Of Deeds SK2756 P01O1'ZOV RETURN TO: LEL. HANCOCK AND LASITTER, P.A ATTORNEYS AT LAW P.O. BOX 356 NEN BERN. N.C. 28563 32148 WARRANTY DEED THIS DEED, made this A3_ day of October, 2006, by and between Chadwick Shores, Inc., a North Carolina corporation, Grantor, and Cameron L. Smith, MD, Walter Ray Gammon, MD, Richard J. Murphy, MD, Trustees of the Eastern Dermatology & Pathology, PA 401(k) Profit Sharing Plan for the Benefit of Cameron L. Smith, MD, Grantee, whose mailing address is: &o Christian E. Porter, Esq., 1698 E. Arlington Boulevard, Greenville, NC 27858. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: That the Grantor for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does give, grant, bargain, sell and convey unto the RECEIVED FEB 0 4 1t1+5 Hann-enwD �sP/ Hook iAMIR IR µuF I1'Firl6 It,mber WN t an kraqu c ai o/ Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, State of North Carolina, and more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. 2006 ad valorem property taxes. 2. Applicable restrictions, easements and reservations of mineral rights of record. 3. All local, county, state and federal laws and regulations relative to the zoning, occupancy, subdivision, usage, construction and development of the described property. 4. Matters which would be revealed by an accurate survey of the property. IN WITNESS WHEREOF, the Grantor has caused this deed to be executed the day and year first above written. CHADWICK SHORES, INC. a North Carolina corporation By: {/'�l.Gi-e.c�///lip Vir�a Williamson, Vice -President RECEIVED FED 0 4 2015 r<rnr4 h-Al IM w14* Book 2lq Ct,CM IJr• File Number bCM WILMINGTON, NG JAN 2 8 2m9 kraye � Ui J) STATE OF NORTH CAROLINA COUNTY OFW1�K I, tC.*1 V,xWck, a Notary Public of the County and State aforesaid, certify that Virginia illiamson personally appeared before me this day and acknowledged that she is Vice President of Chadwick Shores, Inc., a North Carolina corporation, and that she, as Vice - President, being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official stamp or seal, this the 63 day of October, 2006. My commission expires: - 317"aC09 Notary U Public x RECEIVED FEB 0 4 2015 Dcvj_ 4 H W„.-Y. Hook 21REO@&P#LW., File Number DCM WILMINGTON, NC JAN 2 A 2nlq k..%jW Y Vl j/ EXHIBIT A Cameron L. Smith and wife, Barbara L. Smith Page 1 All that certain tract or parcel of land lying and being in Stump Sound Township, Onslow County, North Carolina, lying on the south side of Chadwick Acres Road and being more particularly described as follows: Beginning at an existing concrete monument in the southern right of way line of Chadwick Acres Road, which monument marks the northeastemmost comer of Alligator Bay as shown on a plat recorded in Plat Book 42 at Page 75 of the Onslow County Registry and the northwestern corner of that .347 acre of land described in a Deed to Chadwick Shores, Inc. in Deed Book 674, at Page 247 of the Onslow County Registry; running thence from this point of beginning along and with the southern right of way line of Chadwick Acres Road South 73" 33' 34" East 60.02 feet to an existing iron pipe; thence leaving the right of way of Chadwick Acres Road running South 14e 09' 25" West 160.49 feet, South 31141' 48" East 66.17 feet, North 58" 14' 44" East 150.15 feet, South 35e 16' 35" East 231.82 feet, South 350 16' 45" East 145.92 feet to an existing rebar; thence along and with the William and Edna Malcolm line as shown on a map recorded in Plat Book 51 at Page 125 of the Onslow County Registry South 350 17' 22" East 1,310.63 feet and South 35° 17' 22" East 971.04 feet to an existing concrete monument; thence South 49e 58' 03" West 518.58 feet and South 501 51' 17" West 644.21 feet to the mean high water line as established as of October 2006 of Alligator Bay; running thence along the mean high water line the following courses and distances: North 89e 49' 20" West 65.17 feet, North 54' 08' 41" West 99.34 feet, North 65' 16' 28" West 91.63 feet, South 590 55' 17" West 124.50 feet, South 75° 44' 43" West 88.69 feet, South 610 33' 57" West 81.17 feet, South 49° 03' 02" West 98.29 feet, South 34' 53' 12" West 71.57 feet, South 38e 30' 02" West 181.60 feet, North 250 3311311 West 99.39 feet, North 05e 45' RECEIVED FEB 0 4 2015 11F'KA'A°�F!N lo`f� aok 27WCGt" 0.t, File Nimber �7CM WILMINGTON, n1C JJAN 2 9 7nlq EXHIBIT A Cameron L. Smith and wife, Barbara L. Smith Page 2 24" West 81.50 feet, North 390 52' 54" West 26.91 feet, North 57' 42' 39" West 31.85 feet, North 680 48' 30" West 62.63 feet, North 54' 28' 55" West 157.85 feet, North 44' 02' 23" West 183.89 feet, North 51' 50' 20" West 142.06 feet, North 57° 25' 37" West 105.50 feet, North 64' 06' 49" West 84.93 feet; thence leaving the mean high water mark and running North 71 ° 13' 21 " West 351.62 feet, North 160 3512611 East 166.93 feet, Thence North 31 ° 45" 21' East 193.68 feet; North 49' 21' 13" East 225.73 feet, North 011 00' 03" East 275.00 feet; thence North 00° 33' 55" East 87.95 feet; thence North 00' 33' 55" East 97.27 feet, North 080 21' 55" West 96.48 feet, North 220 11' 06" West 173.85 feet; North 230 29' 49" West 116.52 feet, North 15' 40' 21" West 85.94 feet, North 061 39'54" East 157.84 feet, North 020 13' 22" West 207.73 feet, North 030 59' 15" West 105.42 feet, and North 58° 33' 45" East 790.26 feet to an existing concrete monument; thence North 31 ° 44' 33" West 9l .28 feet, and North 14° 10' 58" East 188.79 feet to an existing concrete monument in the southern right of way line of Chadwick Acres Road, the point of beginning, containing 112.46 acres, more or less, all according to a survey and plat plan for Cameron Smith by Stewart, dated the 27" day of September, 2006. RECEIVED FEB 0 4 2015 tRtysa Frrar AN � d3 2015 Revised 11912013, Supersedes NW 29 dated 91912011 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2008-01067 County: Onslow U.S.G.S. Quad: Sneads Ferry GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Owner/Applicant Midatlantic iRA. LLC/ Agent: Real Consulting. Inc. Cameron Smith IRA. LLC still: Ladd Gasparovic nttn: Cameron L. Smith Address: 384 Whisper Park Drive Address: 125 South Carol Street Wilmington, NC 28411 Frederick, MD 21701 Size and location of property (water body, road name/number, town, etc.): The�propert,i is located on the south side of Chadwick Acres Road approximately 0.7 all. west of its intersection with Waterw:w Dr., Sneads Ferry, Onslow Comity. North Carolina. Description of projects area and activity: The 1)roiect involves permanent impacts to 0.149 ae. and temporary impacts to 0.0069 ac. of non riparian wetlands for the construction of access and infrastructure for the purpose of installing access and infrnstructure for a residential subdivision called Marsh Haven. Applicable Law: ® Section 404 (Clean Water Act. 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: NW-14, NW-18 REMARKS: The use of this permit has been verified After -the -Fact. This authorization includes all of the impacts permitted in the NW 29 authorized 9/9/2011, with the addition of one wet{;znd impact between lots 6 and 7 ( Wetland Impact 4). SEE ATTACKED NATIONWIDE AND SPECIAL CONDITIONS. Your worl. is authorized by the above referenced permit provided it is accompFished in strict accordance with the attached conditions and your submitted revised application and attached information died 1/2/2013 (received inaol3) aid supplemental information received via email oil 119/2013. An)' violation of the o;::iciied conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration of-.k !- aidlor appropriate legal action. Tltis verification will remain valid until the expiration date identified below uoiess t!ie nationwide authorization is modified, ;uspznded oi'revoked. If, prior to the expiration date identified below, the nationwid+:?-:r-at authorization is reissued anr1.'or modified., this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. if the nationwide permit authorization expires or is sus,pnuded. revoked, or is mollified. such that the activity would no longer comply with the terms and conditions of the nationwide pentiit. activities which have commenced (i.e., are under construction) or are under contract to continence in reliance upon the nationwide pertnit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide pei'nut's expi ifion, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify. suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individuu! Section 401 Water Quality Certification, You should contact the NC Divisinn of Water Quality (telephone (91.9) 733-1786) to dete;raine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA). prior to beginning work you must contact the N.C. Division of Coastal Management invWihnington, NC, at (910) 395-3900. This Deptiamen! of the At iedfica!iwi does not relieve the permittee of the rcr+onsibilip• to obtain any other required Federal, State alocal approralspermiis. If there are am' questions regarding this ve:'ification. any of the conditions of the P'err.':ii, or the Corps of Engineers %gi a ilp program, please contact David E. Bailey at 910-25 1 -4469. - FEB 0 4 10tS Cpips RCgtll I01')' Official '�vv�Date''- t/9/2013 M �=�- M ti� neur3 rmr Expiration Date of Verification: 1/9/2015 Copy Furnished: Joanne Steenhufs . NCDENR-DWQ, 127 Cardinal Drive Extension, Wilmington, NC28405 1;Civ' Page I of 2 JA,N 9 8 2015, Detprmination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US inc Iud'utg wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Pro grant Administrative Appeal Process ( Reference 33 CPR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and I-tarbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. M There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date ofthis notification. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. please reference jurisdictional determination issued 4/22/2008 . Action ID SAW-2008-01067 . Corps Regulatory OfficiaC Expiration Date 4i22/2013 Copy Furnished: Joanne Steenhuis , NCDENR-DWQ. 127 Cardinal Drive Extension, Wilmington, NC 28405 Page 2 of 9 RECEIVED FEB 0 4 2015 jOI N—imf k-41 of-f RECEIVED )CM WIL MINCTON, NC JAN 2 3 2015 .Special conditions: Marsh Haven subdivision AID# 2008 01067 1) In order, to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 2) The following deed notification should be included in the recorded restrictive covenants before property containing wetlands is conveyed. Any alteration to this language should be approved before incorporation. "A portion of subdivision has been determined to meet the requirements for designation as a wetland. Any subsequent fill or alteration of this area shall conform to the requirements of the federal rules addressing wetland impact noted in the Code of Federal Register at the time of the proposed alteration. The intent of this provision is to prevent additional wetland and stream impact, so the property owner should not assume that a future application for filling or alteration would be approved. The property owner shall report the name of the subdivision in any application pertaining to said rules. This covenant is to run with the land and shall be binding on all parties and all persons claiming under them." 3) The wetland boundary, as marked on the "Wetland Delineation far: Cameron Smith" (signed by the Corps of Engineers on 4/22/2008), shall be physically/visually identified using silt fence, safety fence, or similar products during all phases of construction in tine following areas: a. The limits of the wetland impacts authorized by this perni t as shown on the "Wetlands Impact Plan and Profile" submitted with the PCN application and attached information dated 1/2/2013 (received 1/7/2013). b. The wetland boundaries within 50 feet of all construction and other land disturbing activities within the Marsh Haven subdivision project. / Date: 1/ 9l Z a l 3 Project Manager Page 3 of 9 RECEIVED FEB 0 4 MIN 9CM-M8D CITY RECEIVED DCM WILMINGTON, NC JAN 2 0 2015 h `6 5� INN SIR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 11, 2011 MldAtlantic IRA, LLC c/o John F. Kiley, Manager 125 S. Carroll Street, Suite 250 Frederick, MD 21701 Subject: Stormwater Management Permit No. SW8 070617 Mod. Marsh Haven at Alligator Bay Low Density Subdivision Onslow County Dear Mr. Kiley Dee Freeman Secretary RECEIVED OCi 17 2011 N&T The Wilmington Regional Office received a complete, modified Stormwater Management Permit Application for Marsh Haven at Alligator Bay on October 11, 2011. Staff review of the plans and specifications has determined that the pro ect, as proposed, will coppply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are fonvaling Permit No. SW8 070617 dated October 11, 2011, for the construction, operation and maintenance of the built -upon areas and vegetated conveyances associated with the subject project. The modifications covered by this permit are vested to the 1995 rules and include the following: 1. A change in the ownership of the property. 2. A reduction in the number of lots from 155 to 149, with no change to the previously permitted BUA per lot. 3. A modification to the road cross section to remove the curb and gutter resulting in a reduction In the road built - upon area from 264,714 sf to 182,812 sf. 4. The elimination of the 100' long curb outlet swales. 5. The elimination of a BUA allocation for an amenity area. There is now a future amount of 69,048 sf. This permit shall be effective from the date of Issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. Please pay special attention to the requirements for Operation and Maintenance, recordation of deed restrictions, BUA limits, piping limits and the permit transfer process. Failure to follow these requirements will result in future compliance Issues. 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 filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, Telephone (919)-431-3000 or visit their website at www.ncoah.com. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis at (910) 796-7216. Singprely, .s Z far Coleen .Sullins, Director Division of Water Quality RECEIVED GDS/arl: S \WQS\Stormwater\Permits & Pro'-cts\2007\070617 LD\2011 10 permit 070617 FEB 0 4 7.U15 cc: nab'hMJ!(,,bauN�!da:&1>jrtsSllonsu4tl!>9°nginbets„•ingtjr Onslowoiahty inspections NCDOT District Engineer DCM-MHD CITY Jason Dail, Division of Coastal Management Wilmington Regional Office Stormwater File RECEi\/UG DCM WILMINGTON, NC Wilmington Regional Otloe 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One AN 2 8 2015 ww. Phone: 910.796.7215\ FAX: 910-350.20041Customer Servlce:1b71823-8748 N Carolinas Internet wncwaterquality.org tura!!y An Fnnal OnwimMl Aemwllvn Arann FmnlnVM RECEIVED FEB 0 4 2015 P/PI+».!IA W f) FITV RECEIVED DCM WILMINGTON, JAN 2 8 2015 State Stormwater Management Systems Permit No. SW8 070617 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO MidAtlantic IRA, LLC Marsh Haven at Alligator Bay Chadwick Acres Road, Sneads Ferry, Onslow County FOR THE construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of 15A NCAC 2H A 000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS The project is permitted for 149 lots, each limited to a maximum amount of built - upon area, as defined by the stormwater rules, and as indicated in the approved plans. Lots 1-82 are limited to 3,900 sf, and Lots 83-149 are limited to 4,500 sf. CAMA regulations may reduce the built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentage for the project may not exceed 25%, per the requirements of Section .1005 of the stormwater rules. 3. No piping shall be allowed except those minimum amounts necessary to direct runoff beneath an impervious surface such as a road or a driveway. 4. Runoff conveyances such as perimeter ditches and lot line swales, must be vegetated with side slopes no steeper than 3:1 (H:V). 5. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 6. The project must maintain a 30-foot-wide vegetated buffer adjacent to all surface waters, measured horizontally from and perpendicular to the normal pool of WCEIVED impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. FEB 0 4 2015 II. SCHEDULE OF COMPLIANCE NbFw-{.W ql l MF�M1 The vegetated stormwater conveyances shown on the approved plan shall, zLMINGT, 9 Y pp p �Pm wiLMirvcroN, NC constructed in their entirety, vegetated, and operational for their intended use prior to the construction of any built -upon surface. JAN 2 8 W5 State Stormwater Management Systems Permit No. SW8 070617 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency as indicated in Section V. of the Low Density Supplement Form, the Swale System Maintenance Requirements. 4, The permittee shall submit to the Director of DWQ 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. When in doubt about whether a proposed modification requires approval, the permittee shall contact the stormwater staff at the appropriate Regional Office of the Division of Water Quality. a. Redesign of or addition to the approved amount of built -upon area (BUA), This includes, but is not limited to: an increase of BUA on any lot over and above the maximum permitted amount; increases to the paved width of streets or sidewalks; and the addition of amenity areas, recreation facilities, streets, sidewalk or curb and gutter where none had been previously approved or shown on the approved plans; b. Any change to the layout or size of the subdivision lots, streets, or stormwater conveyance system; c. An increase in the permitted number of lots; d. Further subdivision, acquisition or sale of all or any part of the project area; e. Alteration of any aspect of the approved stormwater conveyance system; f. Excess driveway piping or roof drain piping that does not meet the requirements of this permit; g. The construction of built -upon area within the 30' buffer; h. The development of any amenity areas, recreation facilities or future areas noted on the approved plans. The built -upon area assigned to those areas may not be exceeded and the development must meet the low density development requirements per the stormwater rules and available guidance; i. Any deviation from the approved grading plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The permittee shall review all proposed lot plans to ensure that the lot improvements will maintain compliance with the requirements of the permit. The lot plans submitted to the permittee shall address and show, at a minimum, all proposed built -upon area, drainage improvements, roof drains, driveway piping, easements and grading. The permittee Is prohibited from approving any lot plans that do not meet the minimum requirements of the permit. 7. The permittee shall monitor the project and the lots on a routine basis to verify that the overall project and each lot have maintained compliance with the permit requirements. The permittee shall notify any lot owners that are not in compliance in writing and shall require and follow-up on any necessary remedial action to bring the project and/or the lot into compliance. Copies of this correspondence may be forwarded to the Division for the record. RECEIVED The permittee shall construct the roads and the approved stormwater drainage system to the elevations, grades and dimensions as shown on the approved FEB 4 4 2015 plans. rgwWA.*n"l H4 Cis^ 'NIL MINGTON, N JAN 2 8 20151 0—, � _E n State Stormwater Management Systems Permit No. SW8 070617 9. The permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. The permittee shall submit the Certification to the Division within 30 days of completion of the project. 10. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 11. All roof drains must terminate at the edge of the 30-foot buffer. Runoff shall sheet flow through the buffer in a diffuse manner. 12. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. 13. Recorded deed restrictions must include, at a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 070617 as issued by the Division of Water Quality under NCAC2H.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 stormwater drainage system 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 as follows: Lots 1-82 @3,900 square feet and Lots 83-149 @4,500 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, uncovered open -slatted decking, or the water surface of swimming pools. g. Filling in, piping or altering any vegetated .conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons. h. Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC. Where the DCM calculates a different maximum allowed BUA for a lot than is listed here, the more restrictive shall apply. I. A 30-foot vegetated buffer must be maintained adjacent all surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of rivers and streams and the Mean High Water line of tidal waters. j. All roof drains shall terminate at the edge of the 30-foot buffer. RECEIVED FEB 0 4 2015 14. The permittee must submit a copy of the recorded deed restrictions within 30 Howe �waMb"� days of the date of recording. DCM WILMINGTON, NC JAN 2 a 2015 D...... A ^f a State Stormwater Management Systems Permit No. SW8 070617 15. 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. 16. The permittee shall ensure that the final plats for the project are recorded showing all public rights -of -way, required drainage easements and common areas, in accordance with the approved plans. Ill. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. This permit is not transferable to any person or entity except after notice to and approval by the Director. A request to transfer the permit will be considered on its merits and may or may not be approved. The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Water Quality at least 60 days prior to any one or more of the following events: a. The sale or conveyance of all or any part of the project area, except for individual platted lots that are made subject to the recorded covenants; b. The sale or conveyance of the common areas to the HOA or POA, under the following conditions: i. One of the following requirements has been met: 1. The declarant control period has terminated; or, 2. The declarant has conveyed at least 50% of the lots to owners other than the declarant; And: ii. The common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners association or owners association in accordance with the declaration; and iii. The HOA or POA is legally formed under the requirements of Chapter 47F of the North Carolina General Statutes to carry out the maintenance RECEIVED requirements of the permit; and, iv. The project is in compliance with the permit, as determined by a DWQ FEB 0 4 2015 inspection. r4.h"AXA,,,,.It* c. The dissolution of the permittee, if the permittee is a corporate entity, LLC, General Partnership, etc. d. Bankruptcy and/or foreclosure; e. A name change of the permittee; RECcIVEO f. A name change of the project; DCM WILMINGTON. NO g. A mailing address change of the permittee; JAN 2 S Z015 Dn'e G of a State Stormwater Management Systems Permit No. SW8 070617 6. The permittee is responsible for compliance with all the terms and conditions of this permit until the Division approves the permit transfer. Neither the sale of the project area in whole or in part (except for individual platted lot sales) nor the conveyance of common area to a third party constitutes an approved permit transfer request. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances imposed by other government agencies (local, state and federal), which have jurisdiction. If any of those permits or approvals result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during normal business hours for the purpose of inspecting the stormwater control system and its components. The application, supplements, Operation and Maintenance agreements, supporting documentation and approved plans are enforceable parts of this permit. The permittee shall maintain a copy of the approved plans on file at all times. Permit modified and reissued this the 11th day of October 2011. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION -` l-5 ----------------------- �� CoH. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission RECEIVED FEB 0 4 2015 f jH{>A-A�A�M t!Fh4 RECEIVED DCM WILMINGTON, NG JAN 2 8 2015 D--^ G -f 12 DWQ USE ONLY Date Received Fee Paid Permit Number DD . �'3�7 5�1 .5) el� Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph R - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt Plan: State of North Carolina i Department of Environment and Natural Resources Division of Water Quality V STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Marsh Haven at Alligator Bay 2. Location of Project (street address): City:Sneads Ferry County:Omlow Zip: 3. Directions to project (from nearest major intersection): From intersection of Hwy 210 and Old Folkstone Road (SR 1518) travel east on Old Polkstone Road approximately 13/4 miles turn out Chadwick Acres Road (SR 1552) travel SE 9/10 mile, site on right 4. Latitade:34031' 37.3" N Longitude:770 24' 3.38" W of the main entrance to the project. II. PERMIT INFORMATION: 1, a. Specify whether project is (check one): ❑New NModification b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW8 070617 , its issue date (if known)Tune 19, 2007 and the status of construction: NNot Started ❑Partially Completed* ❑ Completed* "provide a designer's certification 2. Specify the type of project (check one): NLow Density ❑High Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DWQ requesting a state stormwater management permit application, list the stormwater project number, if assigned, N/A and the previous name of the project, if different than currently proposed, N/A 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major NSedimentation/Erosion Control: _ ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts ac of Disturbed Area RECEIVED FEB 0 4 1015 PYAR7 PM ' RITT 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:Permits have been aoDlied for. AUG 18 2011 RECEIVE[, f CM WILMINGTON, NC JAN 2 8 2015, Form SWU-101 Version 07Jun2olo Page 1 of 6 III. CONTACT INFORMATION 1. 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:MidAtlantic IRA LLC a^ awm ' ` "'" Signing Official & Title:john F. Kiley, Goetedim R.-An 2A�' b'. Contact information for person listed in item 1a above: Street Address:125 S. Carroll Street Suite 250 City:Frederick State:MD Zip:21701 Mailing Address (if applicable):Same as Above Phone: (_301 ) 360-9510 (Ext. 204) Email:N/A State: Zip: Fax: (301 ) 695-6244 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) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization: Signing Official & b. Contact information for person listed in item 2a above: Street Address: Mailing Address (if Phone: State: State: Fax: ( 1 3. a. (Optional) Print the name and title of another contact such as the project's construe gJ person who can answer questions about the project: Other Contact Person/Organization:Norris & nstall Consulting Engineers. P.C. An 18 ml Signing Official & Title:T Phillip Norris P EBY;.--....— b.„ Contact information for person listed in item 3a above: Mailing Address:1127 Floral Parkway Suite 400 City:wilmington State:NC Zip:28403 RECEIVED Phone: (910 ) 287-5900 Email:pnorris@ntengineers.com Fax: (910 ) 287-5902 Fzp 0 4 706 4. Local jurisdiction for building permits: Onslow, County Planning & Development Point of Contact:Angie Manning Phone #: (910 ) 9893062 RECEIVED DCM WILMINGTON, NC Fornr SWU-101 Version 071un2010 Page 2 of 6 JAN 2 8 2015, IV.' PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Low Density - Swales Project previously approved SW8 070617 Dated 06-19-07 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 II - Post Construction 3. Stormwater runoff from this project drains to the White Oak River basin. 4. Total Property Area: 80.18 acres 5. Total Coastal Wetlands Area: acres 6. Total Surface Water Area: acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) - Total Project Aree:80.18 acres To, project area shall be calculated to exclude the following: the norms! pool of im�prtoAu„nded structures, the area between fhe banks of streams and rivers, the area below the Normal Hi h Water (NHW) iine or Mean High Water (MHV1>J line, and coastal wetlands landward (yom the NHW (or MHI line. The resultant pro�eY ea is used to calculate overall percent built upon area (BUA). Non -coastal wetlands landward of fhe NHW HV1� line may be, in the tofaL project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 25 % 9. How many drainage areas does the project have?l (For high density, count 1 for each proposed engineered stormwater BUR 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 1 Drainage Area Drains Area Drainage Area Receiving Stream Name Alligator Bay Stream Class * SA;ORW Stream Index Number * 1939-3 Total Drainage Area (sf) 3,492,641 SF On -site Drainage Area (sf) 3,492,641 SF Of -site Drainage Area (so 0 Proposed Impervions Area" (so 873,160 SP % Impervious Area* total 25% impervious" Surface Area Drainage Area 1 Drainage Area _ Drainage Area Drainage Area _ On -site Buildings/ Lots(sf) 621,300SF a On -site Streets (sf) 182,812 SF On -site Parkin (sQ 0 On -site Sidewalks (sf) 0 lit - Other on -site (sf) 0 Future (sf) 69,048 SF Off -site (sf) 0 Existing BUA*** 0 Total sf): 873,160 SF * Stream Class and Index Number can be determined at: httpV&ortal.ncdenr.org[webha49slcsi dassificatious "* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Report only that amount of existing BUA that will remain after development. Do not report alyexisting-BUA.that is it) be removed and which will be replaced by new BUA. CEIVED 04 2015 0 O Fm r= m M z< Im 00 Z Z 0 FormSWU-101 Version 07Jun201 0 Page 3of6 11. How was the off -site impervious area listed above determined? Provide documentation. N/A Pro iects in Union County: Contact DWQ Central Office staff io check tfthe project is located within a Threatened & Endangered Species watershed that maybe subject to more stringent stormwater requirements as per 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 httu: / /portai.ncdenr,org/web/wq/ws/su/ bmp-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://portal.ncdenr.org/web�wg/ws/­,qu/­statesw/`fornis does. 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 atht!p://12ortaLncdenr.org/web/ WA/ws/su/maps.) Please indicate that the following required information have been provided by initialin¢ 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.ncdelu.org/web/wq/ws/su/statesw/forms does. is 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part V1I below) 3. Original of the applicable Supplement Form(,s,)I`(sealed, signed and dated) and O&M agreement(s) for each BMP. v a M0 .UV 4. Permit application processing fee c,4; 5 ayable to NCDENR. (For an Express review, refer to htlro://www.envitelp.org/RaM/onestopexpress.html 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. CJ 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'h mile of the site boundary, include the V2 mile radius on the map. 7. Sealed, signed and dated calculations. 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. RECEIVED h. Identify all surface waters on the plans by delineating the normal pool elevation of FEB 0 4 2015 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, DGM-MHD CITY 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 wat 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. AUG 18 U jj 1. Details of roads, drainage features, collection systems, and stormwater control mew area. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by qualified,person. Provide documentation of qualifications and identify the person w ED made the determination on the plans. D('M W I RECEIVED NO 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). JAB �015/ p. Vegetated buffers (where required). Form SWU=101 Version 07Jun2010 Page 4 of 6 Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to de ths) as wellas a ma of the borin locations with the existin P P g g elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verifij the SHWTprior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: &5 U 1 _ Page No: W 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC G� 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 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 he returned. htW://www.secretary.stabe.nc.us/Co.rl?oratioris/­CSearch.asl2x VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and P=enr.org/web/wA/`ws/­su/­statesw/forms forms can be downloaded from htm://portal.ncdenr.org/web/wq/ws/su/statesw/forms_ does. 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, 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:). Phillip Norris, P.E. Consulting Firm: Norris & Tunstall Consulting Engineers, P.C, Mailing Address:1127 Floral Parkway, Suite 400 City:Wilmington State:NC Zip:28403 Phone: (910 ) W-9653 Fax: (910 1 W-9604 Email:pnorris®ntengineers.com RECEIVED IX, PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this FEB 0 4 206 section) H6WA.W4rahe)-" I, (print or type name of person listed in Contact Information, item 2a) certify that I own the property identified in this permit application, and thus give permission to (print or hjpe name of person listed in Contact Information, item 1a) with (print or h/pe name of organization listed in Contact Information, item la) 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 ,J party responsible for the operation and maintenance of the stormwater system. AUG182011 t� y m °D c< o �rn z Form SVJU-101 Version 07Jun2010 Paee 5 of 6 As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner, As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. a Notary Public for the State of . County of do hereby certify that personally appeared before me this _ day of 1 , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission X APPLICANT'S CERTIFICATION I, (print or type name of person listed in Contact Information, item 1a) fohn P. Kilet�todian certify that the information included on this permit application form is, to the best of my knowledge, correct and that die 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 stormyaJer rules under 15A N L 2006-246 (Ph. II - Post Construction) or SL 2008-211. Sianature: C _ t. 1 � 2H .1000, S` a' !% Date: 7. 1 i 1 l V i 0 g+ t� i �� '1 a Notary Public for the State of It - � e aa do hereby certify that &5106 before me thts 2l' day of and ackno the due � a stonmwater permit. Witness my hand and officials al, SEAL My Mycommisslonexpires / County of personally appeared n—of the application for RECEIVED FEB A 4 2015 AUG 16 2011 `moo FormSWU,101 Version077un2010 Pago6of6 c-n � 0 �rn rn 00 Z z 0 PermitNo' (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources. Division of Water Quality SI'ORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT' This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in Session Law 2008-211, 15A NCAC 2H .1000, Session Law 2006-246, and the DWQ BMP Manual. Curb and gutter systems are allowed provided they meet the requirements in 15A NCAC 2H .1008(g). I. PROJECT INFORMATION Project Name : Marsh Haven at Alligator Ba Contact Person: J. Phillip Norris, P.E. Phone Number: 910 287-5900 La 5 196b SF Number of Lots:149 Allowable Built Upon Area (BUA) Per Lot*A lO S1- Number of Dwelling Units Per Acre* *:N/A Low Density Development (check one): ® without curb & gutter ❑ with curb & gutter, outlets to (check one): ❑ Swales ❑ Vegetated Area *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. BUA shall be shown in units of square feet. * *(Phase II Post -Construction (non -SA) only) II. BUILT UPON AREA RECEIVED Refer to DWQ's forms and applications website for specific language that must be recorded in the deed FEB 0 4 7M restrictions for all subdivided projects. (http://h2o.enr.state.nc.us/su/bmp_forms.htm) j.�IbWI'!nnl,+x �r� Complete the following calculation in the space provided below where: • SA Site Area - the total project area above Mean High Water. F�C • DF Density Factor - the appropriate percent built upon area divided by 100. , AUG 18 2011 • RA Road Area -the total impervious surface occupied by roadways. • OA Other Area -the total area of impervious surfaces such as clubhouses, ti • No. of Lots - the total number of lots in the subdivision. • BUA per Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. • Total allowable lot BUA - the computed allowable built upon area for all lots combined. • Total BUA from lot listing - the sum of built upon area allocated for each lot on the list of non-uni('R_rmd9�D DCM WILMINGTON, NO Fonn SW40 I -Low Density-Rev.3-2/10/09 Page 1 of 4 JAN 2 8 2015 For uniform lot sizes: (SA: If x DF: 1- (RA: fl)-(OA: lie) = BUA per Lot = fl (No of Lots: ----) For non -uniform lot sizes: a. (SA: 3492641 11� x DF:.25) - (RA: 182812 il?) - (OA: 69048 tl) = Total allowable lot BUA = 621300 A' b. Total BUA from lot listing: 621300sf. b must be < a I11, DESIGN INFORMATION Complete the following table. If additional space is needed the information should be provided in the same format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State of North Carolina Erosion and Sediment Control Planning and Design Manual or at http://hdse.nws.nomgov/hdsc/pfds/ TA111P 7 Cwale desiorn information based on the 10-vear storm. Swale No. Drainage Area ac Impervious Area ac Grassed Area ac C Q cfs Slope % V811aW s Vees,at s Flow Depth ft 1 0.03 0.012 0.018 0.45 0.09 0.375 3.5 0.83 0.19 2 1.18 0.075 1.105 0.31 2.52 0.385 3.5 1.93 0.66 3 1 3.17 0.321 2.849 0.22 4.91 0.25 3.5 1.94 0.92 4 0.64 0.199 0.441 0.37 1.61 0.255 3.5 1.48 0.60 5 0.68 0.20 0.48 0.35 1.64 0.22 3.5 1.5 0.60 6 0.22 0.011 0.209 - 0.72 0.25 3.5 1.2 0.45 7 0.44 0.172 0.268 0.43 1.32 0.36 3.5 1.6 0.52 8 0.28 0.060 0.22 0.28 0.54 0.304 3.5 1.2 0.39 9 0.104 0.044 0.06 0.46 0.33 0.30 3.5 1.06 0.32 10 0.15 0.065 0.085 0.48 0.48 0.30 3.5 1.16 0.37 11 0.07 0.032 0.038 0.48 0.24 0.30 3.5 0.98 0.29 12 0.43 0.175 0.255 0.45 1.32 0.28 3.5 1.46 0.55 13 0.07 0.032 0.038 0.48 0.24 0.30 3.5 0.98 0.29 14 2.6 0.291 2.309 0.22 3994 0.25 3.5 1.84 0.85 15 0.34 0.15 0.19 0.6 1.43 0.24 3.5 1.40 0.58 16 0.344 0.14 0.20 0.6 1.45 0.23 3.5 1.39 0.59 17 0.201 0.09 0.111 0.6 0.84 10.66 3.5 1.80 0.4.0 18 0.115 0.045 0.02 0.6 0.48 10.66 3.5 1.49 0.33 19 0.260 0.14 0.12 0.6 1.09 10.15 3.5 1.10 0.57 20 0.422 0.17 0.25 0.6 1.77 10.41 35 1.81 0.57 Form S W401-Low Density-Rev.3-2/10/09 FEB 0 4 J115 Page 2 of 4 .• ' i DCM W1LM1NGTON. NC JAN 2 8 2015 Swale dat�il and pmmq ont vegetation is speolfled on tlae:plens <Swa10 datail nrovtded On Ulans. II Ctll tC9 LTNCR hmn/Cl fnr nn mon�nl vnnuluf r.n .. $ to the system (delmaete.dtniaaga area for eaoh ewale) 4'� V. SWALE SYSTEM MAINTENANCE RE, QUIRE, 1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time; and grass will not be mowed too close to the ground or "scalped". 2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up, erosion, and trash accumulation. 3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment removal. 4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a timely manner based on the monthly inspections. Side slopes must be maintained at the permitted slope. 5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices and piping. 6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality. I aclmowledge and agree by my signature below that I am responsible for the performance of the six maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title:John F. Kiley, GmtotHu i(eh?=�10' W .It�6t Address:125 S. Carroll Street. Suite 250 Frederick. MD 21701 Phone:301-360c-9J1A -yExt.2004L_ Date: 7�t� Rivnafnrr.� F`Y v°- t �"'�--• t.,,,rr..,n ,.:�,../ Note; The legally responsible party should not beh homeowners association unless more than S0016 of the lots have been sold and a resident of the subdivision has been named the president, Notary Public for the State of County of C(o hraby cart* at )d�^ ' (4 Ol I Sarsonally appeared before me this day of 0�and acknowledge the due execution o e forgoing swaie maintenance requirements. Witness my hand and official seal, Notary MY Form SW401-Low Density-Rev.3-2/10/09 expires -q I- i ( Page of AUG 18 2011 RECEIVED FEB 0 f 2M Hl^h"I�lwAfi'r'Msa� 4E��_,L� U, f ;,41NJ;3 2�1"Jl OWN OCT 1 1 2011 In accordan th Title 15 NCAC 2H.1000 and S.L. 2006.246, the StormwafeF Vfana9f)m8a P W lotions, deed restrictions and protective covenants are required for Low Density Residential ` subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the.development malmains a "built -upon" area consistent with the applicable regulation governing the d � stO�Alli I, ski acknowledge and affirm by my signature below, that) will cau e t e following deed restrictions and protective covenants to be recorded for htsA Naven e, Mela prior to the sale of any lot: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number..as issued by the Division of Water Quality under the Stormwater Management Regulations, 2. The State of North Carolina Is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. 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. 5. Alteration of the drainage as shown on the approved ppIan igy of fak la a without the concurrence of the Division of Water Quality, 390U sxr I °� 6 z q 6. The maximum allowable built -upon area per lot is y50p y�.i` squat Sfe9 .. Thf ydttotied amount Includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not Include raised, open wood decking, or the water surface of swimming pools. 7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built -upon area for that lot than is shown herein, the governing maximum built -upon area for that lot shall be the most restrictive of the two. 8. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings is strictly prohibited by any persons. 9. Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface waters. 10. All roof drains shall terminate at least 30* foot from the mean high water mark of surface waters. *50 foot for projects located in the 20 coastal counties. Signature: Date: rJ 1 /1 �o�KF,I<I'i N9sw«b +^ lsli Ajidx• c r2A,LiC 'ri3U CRP�ro„Sn.fG,Z2A a Notary Public in the State of J Ala, cG ,,County of Titr7C�PiVt� do hereby certify that }• f—f [f C STObl"brsonally appeared RECEIVED before me this the 10 day of 20-fl—, and acknowledge FES 0 4 2015 the due execution of the foregoin 7istyment, Witness my hand and official seal, tlp Po"-Mt+n 6Iry FJjTheogo-a Barnhart'K eY SEPNflTARY PUBLIC a Frederick County 3 My Commis� ooEMpres My Commission expires/ My Form DRPC-5 Rev.2 05Nov2009 Page 1 of 1 -' H� -j"C, k �r . �iLia '';t,TON, N(; 1AN 2 8 2015 (WA NKT #11056 MENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT -PERMIT INFORMATION 1. Stormwater Management Permit Number: SW8 070617 2. Project Name: Marsh Haven at 3. Current Permit Holder's Company Name/Organization: Trust FBO Cameron L. Smith 4. Signing Official's Name: Cameron L. Smith Title: Manager (person legally responsible for permit) 5. Mailing Address: 3391 Southport Supply Road City: Bolivia State: NC Zip: 28422 6. Phone: ( 910 ) 253-0066 Fax: ( ) N/A 11. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ® Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: MidAtiantic IRA, LLC rye sareerowsmitp 2. Proposed permittee's signing official's name: John F. Kiley 3. Proposed permittee's Title: Custodian 4. Mailing Address: 125 S. Carroll Street, Suite 250 City: Frederick State: MD Zip: 21701 Phone: 3( 01 ) 360-9510 (Ext. 204) Fax: (301 ) 695-6244 5. New Project Name to be placed on permit: N/A Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name of HOA or POA in #1 above and provide name of HOA(POA) president in #2 above). ® The property owner. RECEIVED ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on FEB 0 4 101§ page 4) ❑ Purchaser (Attach a copy of the pending sales agreement and complete Proerty_Owner qa n a++•� Information on page 4) 'FCEI' EDP ❑ Developer (Complete Property Owner Information on page 4) AM 10 lull wi;,JR"TONII. NIC SSW N/O Change Rev16Nov2009 Page 1 of 4 III. REQUIRED ITEMS This application package will not be accepted by the Division of Water Quality unless all of the applicable required items listed below are included with the submittal. 1. This completed and signed form. 2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee and Proposed Permittee Sections) 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit and if not already submitted to DWQ. 5. If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from the Secretary of State office, which supports the named president, vice president, member, manager or General Partner. 6. The $40.00 processing fee. If this is an initial transfer from the original permittee to the property owner or other responsible party such as an HOA, the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements: 21 Check here if the Current Owner is only changing the owner name, company name or project name, or the mailingt. address, and will retain ownership of the permit i, Cam tron L • gthe current owner, hereby notify the Division of Water Quality that I am chandirig my ntab or company name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments as outlined above are not included, this application package will be returned as incomplete. C ] Check here if Current Owner is transferring (selling) the property to a new owner and will not retain ownership of the permit. I, , the current owner, am submitting this application for a transfer of ownership for permit # . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. 1 further acknowledge and attest that I have transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records to the Proposed Permittee named in Sections II and V of this form at the mailing address listed in Section II of this form. I further attest that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of this form. I understand that this transfer of ownership cannot be approved by the Division of Water Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs this form. I understand that in the event the facility is not in compliance or the Proposed Permittee does not sign this form, the responsibility to bring the facility into compliance and to comply with the terms and conditions of the�gqerm� remains with me until such time as the Proposed Permittee signs this form and the-6ivisiola'aboteGes it. Signature: �/`� Date: ?/ N V' 2.vl( a Notary Public for the State of do hereby certify that <24-maw L. 5YY►4k 9r personally appeared before me this the RECEIVED 3 I day of 20_L1. and acknowledge the due execution of theEB 0 4 2015 Zfing instrument. Witness my hand and official seal, (Notary Seal) � r7f '�°e_ A �nkd kalY NotaTy Signa ure I JoZ�03 �bJS RECEIVED SSW N/0 Change Rev16Nov2009 Page 2 of 4 DCM WILMINGTON, NC JAN 2 8 Z015 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) i, John F. Kiley, Custodian , hereby notify the Division of Water Quality that I have acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and maintaining, the permitted stormwater management system. I have examined the permit and Inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit and to comply with the terms and conditions of the permit. I attest that I have reviewed this application for an ownership change and it is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further acknowledge and attest that in the event the required facility Inspection reveals that the project is not in compliance with the permit, 1 understand this transfer of ownership will not be approved until the project is brought into compliance. I acknowledge and attest that I have received a copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records from the previous permittee. I further acknowledge and agree that I will construct and/or operate and maintain the system per the requirements listed in the permit and in the Operation and Maintenance agreement. Signature/:�, ! ',-K Date: r0 a'� �✓ r 4 , a Notary Public for the State of County of ritpcte -_-L— , do hereby certify that personally appeared before me this the 5� day of lAl% 20J_L and acknowledge the due execution of the forgoing instrument. Wit es my �nc}andpofficial seal, My Additional copies of the original permit and the approved Operation and Maintenance plan can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee, should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee /developer and the property owner will appear on the permit as permittees. RECEIVED FEB 0 4 2015 SSW N/0 Change Rev16Nov2009 Page 3 of 4 RLGEI iU DCM VVILMINGTON. NG JAN 2 8 2015, VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections /I and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: State: Mailing Address: (if different from street address) City: State: Zip: Phone: Email: Fax: I certify that I own the Property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections 11 and V to develop, lease or purchase the property. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permtttee along with the lessee/developer and that if the designated Proposed Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending sales contract, 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 by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statue 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner day of Date: a Notary Public for the State of County of , do hereby certify that personally appeared before me this the 20�, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature SSW N/0 Change Rev16Nov2009 Page 4 of 4 (Notary Seal) RECEIVED FEB 0 4 20b RECErvED DCM WILMINGTON, NC JAN 2 8 2011 07/26/2011 13:38 2527526146 EASTERN DERMATOLOGY SCANNED NCDENR Division of Water Quality 127 Cardinal Dr. Extension Wilmington NC 26405 July 18, 2011 To Whom it May Concern: PAGE 02/15 II6S- Norris & Tunstall Consulting Engineers, P.C., has Indicated that certain permitting departments have questioned whether or MidAtlantic IRA, LLC is a North Carolina entity or is domiciled in North Carolina. Please understand that MidAtlantic IRA, LLC is merely the custodian for holding the self directed IRA of Dr. Cameron L. Smith, who is a North Carolina resident, residing at 314 Kenilworth Rd., Greenville, NC 27858. For tax purposes, Dr. Smith's individual retirement plan owns the property known as "Marsh Haven" development on Chadwick Acres Rd. in Sneads Ferry. Mk1At12ntic IRA, LLC holds legal title to that asset merely to act as custodian on Dr. Smith's behalf and to administer the self directed IRA. Dr. Smith is the.beneficial owner and has all authority with respect to the property. Dr, Cameron L. Smith John F. Kiley- MidAtlento IRA, LLC � AUG 18 tali RECEIVED FEB 0 4 206 O+ V)IVA�>,,,w RECEIVED DCM WILMINGTON, NO JAN 2 8 2015. 0.0 Reel DEC 2%N' > N NCURR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary December 19, 2013 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS MidAtlantic IRA, LLC FBO Cameron Smith, IRA ATTN: Mr. John F Kiley, Custodian 125 S. Carroll Street, Suite 250 Fredrick, NC 21701 RE: Project Name: Alligator Bay -Marsh Haven Project ID: ONSLO-2011-088 Acres Approved: 22.35 County: Onslow, Chadwick Acres Rd., Sneads Ferry River Basin: White Oak Stream Classification: Other Submitted By: John S Tunstall, P.E., Norris & Tunstall Consulting Engineers, P.C. Date Received by LQS: December 6, 2013 Plan Type: New Dear Mr. Kiley: This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications and Performance Reservations. A list of the modifications and reservations is attached. This plan approval shall expire three (3) years following the date of appproval, if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B 0129. Should the plan not perform adequately, a revised plan will be required (G.S. 113A-54.1)(b). Please be aware that your pproject will be covered by the enclosed NPDES Construction Stormwater General Permit NCG010000. Please become familiar with all the requirements and conditions of this permit in order to achieve compliance. Please be advised that Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, you should consider this letter to give the Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. RECEIVED FEB 0 4 10b HMf )-Onm W44 Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone;(910) 796-72151 Fax (910) 350-2004 RECEIVED DCM WILMINGTON, NC JAN 2 8 Z015 Letter of Approval with Modifications and Performance Reservations Project: Alligator Bay - Marsh Haven December 19, 2013 Page 2 of 4 North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please not that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you have provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, Daniel Sams, PE Regional Engineer Land Quality Section Enclosures: Certificate of Approval Modifications and Performance Reservations NPDES Permit co: John S Tunstall, P.E., Norris & Tunstall Consulting Engineers, P.C. DWQ Regional Supervisor , RECEIVED FEB 0 4 295 F10", "oq NPM -�ECEIVEG DCM WILMINGTON, NCI JAN 2 8 2015, Letter of Approval with Modifications and Performance Reservations Project: Alligator Bay - Marsh Haven December 19, 2013 Page 3 of 4 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Alligator Bay -Marsh Haven Project ID: ONSLO-2011-088 County: Onslow 1. This plan approval shall expire three (3) years following the date of approval, if no land disturbing activity has been undertaken, as is required by Title 15A NpCAC 4B .0129. 2, The developer is responsible for the control of sediment on site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site. Each sediment storage device must be inspected after each storm event. Maintenance and/or clean out is necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site and functional until all grading and final landscaping of the project is complete. 3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of veggetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 honzontal to 1 vertical or less steep. Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches. 4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include our agency's Stormwater regulations and the Division of Water Resources' enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corpps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal tvlanagement's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U.SArmy Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that maybe required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the N.C, Sedimentation Pollution Control Act. 5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the.requirements of the Division of Water Resources (DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within 1'urisdictionalwetiand areas must be approved by the aforementioned agencies prior to installation. The Land Quality Section must be notiFled of a relocation of the measures In question to the transition point between the wetlands and the uplands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of either DWR, the Corps, or the EPA, it is the responsibility of the developer to inform the Land Quality Section regional office so that an adequate contingency plan can be made to assure sufficient erosion co r I remains on site. Failure to do so will be considered a violation of this approval. � �EIVED FEB 0 4 1015 W60-00tq /-"o RECEIOH, DCM WILMINGTON, NC JAN 2 8 Z015 Letter of Approval with Modifications and Performance Reservations Project: Alligator Bay -Marsh Haven December 19, 2013 Page 4 of 4 a. Any borrow material brought onto this site must be from a legally operated mine or other approved source. Any soil waste that leaves this site can be transported to a permitted mine or separately permitted construction sites without additional permits. Disposal at any other location would have to be Included as a permit revision for this approval. 7. This permit allows for a land disturbance, as called for on the application plan, the new area not to exceed 4.9 acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and additional application fee. Any addition in impervious surface, over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures. 8. The construction detail for the proposed silt fence .requires reinforcing wire and steel posts a maximum of eight(8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater than six (B) feet apart.. 9. Because the sediment traps and basins are shown on the plan as the primary sedimentation and erosion control devices on this project, it is necessary that the traps and basins and their collection systems be installed before any other grading takes place on site, and that every structure that receives more than one acre of drainage is built so that each dewaters only from the surface. If that proves to be impractical, a revised plan must be submitted and approved that addresses erosion and sediment control needs during the interim period until the traps and basins are fully functioning. 10. A graveled construction entrance must be located at each point of access and egress available to construction vehicles during the grading and construction phases of this Eroject. Access and egress from the project site at a point without a graveled entrance will e considered a violation of this approval. Routine maintenance of the entrances is critical. 11. As a condition of the provided NPDES General Stormwater Permit, groundcover stabilization must meet specific time frames. Slopes (including cuts, fills, and ditch banks) that are steeper than 3 horizontal to 1 vertical left exposed will, within seven (7) calendar days after completion of any phase of grading, be provided with groundcover. Slopes that are 3 horizontalto 1 vertical or flatter will be provided with groundcover within fourteen (14) calendar days. 12. As a part of routine monitoring of the approved land disturbing activity, the financially responsible party shall assure Inspections of the area covered by the approved plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with North Carolina General Statute 113A 54.1(a). 13. The new land disturbance does not have sufficient sediment storage on site; therefore, sediment fence failure or other causes of off -site sediment will precipitate the need for a plan revision to include adequate sediment storage. RECEIVED FEB 0 4 711A RECEIVED DCM WILMINGTOK NC JAN 2 8 2015 W69 Driveway 1�4q ate ®—//'30 Cation March 17 2011 S, Permit No. Ii x,• _ rr s i a oun : v-•Onslow Develo ment Name: Marsh Haven at Alll ator Ba I Route/Road: Chadwick Acres Drive (SR 1553) Exact Distance .3 ® Miles N S E W ❑ Feet ® ❑ ❑ ❑ From the Intersection of Route No. SR1553 and Route No. SR2334 Toward SR1518 Property Will Be Used For: N Residential /Subdivision ❑ Commercial ❑ Educational Facilities ❑ TND ❑ Emergency Services ❑ Other Property: ❑ is .N is not within ANY City Zoning Area. t'✓B 'dam." r� - • I, the undersigned property owner, request access and permission to construct driveway(s) or street(s) on public right- of-way at the above location. • I agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance with the current "Policy on Street and Driveway Access to North Carolina Highways" as adopted by the North Carolina Department of Transportation. . • I agree that no signs or objects will be placed on or over the public right-of-way other than those approved by NCDOT. • I agree that the drveway(s) or street(s) will be constructed as shown on the attached plans. • I agree that that driveway(s) or street(s) as used in this agreement include any approach tapers, storage lanes or speed change lanes as deemed necessary. • I agree that if any future improvements to the roadway become necessary, the portion of driveway(s) or street(s) located on public right-of-way will be considered the property of the North Carolina Department of Transportation, and I will not be entitled to reimbursement or have any claim for present expenditures for driveway or street construction. • I agree that this permit becomes void if construction of driveway(s) or street(s) is not completed within the time specified by the "Policy on Street and Driveway Access to North Carolina Highways". • I agree to pay a $50 construction inspection fee. Make checks payable to NCDOT. This fee will be reimbursed if application -is denied. •-I agree to construct and maintain the driveway(s) or street(s) in a safe manner so as not to interfere with or endanger the public travel. • I agree to provide during construction proper signs, signal.lights, flaggers and other warning devices for the protection of traffic in conformance with the current "Manual on Uniform Traffic Control Devices for Streets and Highways' and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the District Engineer. • I agree to indemnify and save harmless the North Carolina Department of Transportation from ail damages and claims for damage that may arise by reason of this construction. • I agree that the North Carolina Department of Transportation will assume no responsibility for any damages that may be caused to such facilities, within the highway right-of-way limits, in carrying out its construction. • I agree to provide a Performance and Indemnity Bond in the amount specified by the Division of Highways for any construction proposed on the State Highway system. • The granting of this permit is subject to the regulatory powers of the NC Department of Transportation as provided by law and as set forth in the N.C. Policy on Driveways and shall not be construed as a contract access point. • I AGREE TO NOTIFY THE DISTRICT ENGINEER. WHEN THE PROPOSED WORK BEGINS AND WHEN IT IS COMPLETED. RECEIVED *979D0022"'406711-27120"I?go RECEIVED SEE 2 2 �011 A FEB 0 4 7015 ' �YDN91-Fy,41(y q,,'t N&T 2004-01 NOTE: Submit Four Copies of Application to Local District Engineer, N.C. Department of Transportation TES 65.04rev. 61.03419 DCM WILMINGTON. NC AN 2 0 Z015 R PROPERTY OWNER (APPLICANT) V (TN V�mj c SADDRESS AS COMPANY John F. Kiley, Cu an NAME a MIdAtIantACYC FRO Cameron Smith, IRA SIGNATURE M' SIGNATURE 125 Carroll St., Suite 256 ADDRESS Frederick, MD 21701 Phone No. 301-360-9610 _LE)L. 204) AUTHORIZED AGENT WITNESS COMPANY John S. Tunstall, P.E. NAME Am Norris Norris, Kuske & Tunstall Consultinq Engineers Inc. ireowiciev', No Is. Kusk & T stall "ons-1-1--a— sneers, Inc. SIGNATURE to y�y ADDRESS 90AMarket Street An)npr- 902 Marks Street Wilm., NC 28401 Phone No. 910 Wilminaton Y.NC 28401 910-343-9653 PMTE 1-Rm 6-g A i. ig wgtm- MUM sm-'Q. THINE Wm� in, APPLICATION RECEIVED BY DISTRICT ENGINEER SIGNATURE DATE APPLICATIONAPPROVED BY CALGOVERbILWWAL AUTHORITY (when required) Zoo I SIGNATUI, TITLE TE APPLICATION APPROVED 8 DI 1 NG EER SIGNATURE ATE INSPECTION BY NCDOT SIGNATURE TITLE DATE COMMENTS: RECEIVED FEB 0 4 2015 JAN 2 510151 Driveway and Street Access Permit STANDARD Provisions PERMIT#: 0-1930 08-23-2011 PI Effective July 1, 2010, all flagging operations within NCDOT Right of Way require qualified and trained Work Zone Plaggers. Effective July 1, 2011, qualified and trained Work Zone Traffic Control Supervisors will be required on Significant Projects. Training for this certification is provided by NCDOT approved training sources and by private entities that have been pre approved to train tiumselves. If you have questions, contact our website it,: www.ncdot org/—wzte, or contact Stuar: Bourne, P.E. with NCDOT Work Zone Traffic Control Unit at 919-250-4159 or sbourne@nedot.gov. P 2 Notify NCDOT Division Traffic Services at least one week prior to any excavation if within 1/2 mile of a signalized intersection. P 3 The Applicant agrees to provide traffic control devices, lane closures, road closures, positive protection and/or any other warning or positive protection devices necessary for the safety of road users during constructicn and any subsequent maintenance. This shall be performed in accordance with the latest NCDO'f "Roadway Standard Drawings" and "Standard Specifications for Roads and Structures" manuals and amendments or supplements thereto. When there is no guidance provided in the Roadway Standard Drawings or. Specifications, comply with the "Manual on Uniform Traffic Control Devices" (MUTCD) and amendments or supplements thereto, including the "North Carolina Supplement to the MUTCD". Information as to the above rules and regulations may be obtained from the NCDOT Division Engineer or the local NCDOT District Office. P 4 This permit is approved with tire. undersWiding that the North Carolina Department of Transportation does not guarantee the righi cf way or, this road, nor will it be responsible for any claim for damages brought by any property owner by reason of the installation. P 5 Any/all utility relocation shall be the responsibility of the Permittee. P 6 Permittee shall notify NCDOT for an inspection before covering the pipe and after completion of the driveway. Pipe shall be reinforced concrete, aluminum or bituminous -coated galvanized pipe. Pipe joints shall be sealed with mortar or other suitable material. Only Corrugated high -Density Polyethylene (CHDPE) pipe meeting the requirements of f',ASHTO M294 Type "S" standards shall be accepted for driveway and storm drain applications. P 7 If at any time any drainage structure is disturbed, broken, or destroyed it shall be the Applicant/Owner's responsibility o rapair or replace the structure to the satisfaction of NCDOT. RECEIVED P 8 The driveivay(s) access points shall remain as shown on the approved driveway permit. FEB 0 4 7015 ploo-Iwn" 1&4* RECEIVED DCM WILMINGTON, NC JAN 2 8 2015, P 9 Ingress and egress shall be maintained to all businesses and dwellings affected by the project. Special attention shall be paid to police and fire stations, hospitals, and fire hydrants. P 10 Any work requiring equipment or personnel within five (5) feet from edge of pavement on undivided highways, or ten (10) feet from edge of pavement on divided roadways, shall require a lane closure with appropriate tapers as per NCDOT standards. P 1 I Shoulder construction shall meet NCDOT specifications and standards. P 12 The issuance of this permit does not preclude: the Per mittee from complying with any and all statutes, rules., regulations, or ordinances that may be imposed by other government agencies (local, state, and federal) which have jurisdiction. P 13 The encroaching party shall comply with all apf,licable focal, state, and federal environmental regulations and shall obt6n all necessary local, state, and federal environmental permits, including but not limited to, those related to sediment control, storm water, wetland, streams, endangered species and historical sites, P 14 During construction if there is a 2" dropoff or greater, then the dropoff has to be corrected the same workday. If it is in a. curb and gutter section, then there shall not be a dropoff behind the curb of 6" or more. If so then the correction has to be made the same workday. P 15 Refer to "Slope and Drainn;e,Requirements" when grading proposed driveway. See attachment for details. CONTACT INFORMATION: District 1 Office, Jacksonville, 910-346-2040 Onslow County Maintenance Office, Jacksonville, 910.455-3777 Pender County Maintenance Office, Burgaw, 910-259-5413 Division 3 Traffic Engineer,Wilmington, 910.251-2693 Division 3 Traffic Services, Castle Hayne, 910-341-0300 RECEIVED FEB 0 4 1014 PCwmo n RECEIVED DCM WILMINGTON, NO JAN 2 8 2011 Driveway and Street Access Permit SPECIAL Provisions PERMIT#: 0-1930 08-23-2011 SP 1 A Performance & Indemnity Bond, Surety Bond, or Continuing Bond in the amount of $1,000.00 for work within the NCDOT right-of-way has been posted with the Division of Highways. After completion of the project, the Permittee shall request an initial inspection by NCDOT personnel. If found satisfactory, the bond will be released, providing no roadway improvements were involved. If roadway improvements were a requirement of this permit, the bond will be released one year from the satisfactory completion of improvements. SP 4 Pavement markings shall be the responsibility of the Permittee. The Permittee shall have the pavement markings pre -marked, inspected, and approved by NCDOT personnel prior to ti:e piaeement of final pavement mat,6ugs. Contact Traffic Services at 910-341-0300 for pre -marking inspections or Meld changes. Centerline pavement markings shall be installed the sane day resurfacing is accomplished. All other pavement markings shall be completed within five (5) days of resurfacing. Pavement markings shall be thermoplastic or paint and meet the IQCDOT's Standard Specifications for Roads and Stra .tunes, a,d the NCDOT Roadway Standard Drawings. PAVEMENT MARKINGS SHALL BE THERMOPLASTIC ONLY IN THE VICINITY OF SIGNALIZFr-) INTER` ECTICNS AND ROUNDABOUT LOCATIONS FOR ALL SYMBOLS, STOP AND YUHLD BARS. SP 5 Final pavernent rnarkings shall be Therrnoplastic. Existing pavement markings shall be removed cornpletaly as specified by the District Enginc:vr. Ail centerlines and lane lines shall be replaced by the end of each dzy s operation. Edge lines and other markings shall be placed within five (5) clays alter they have been obliterated. SP 8 The applicant shall construct roadway swa!es in the same location of the existing ditch line to allow pos_tive draim.ge cf existing roadway. SP 10 Contact NCDOT for an inspection at least 24 hours prior to covering the pipe. If the installation is not foilowed by an mspection, the contractor may have to uncover a sufficient number of joint:: to cmurc complio.vicn. SP 15 It shall be the responsibility of Permittee to construct the followipg: Roadway improvements as shown on the attached plans. Improvements shall be built to NCDOT specifications, and in accordance with the pavement schedule on the attached plans. SP 16 It is the responsibility of the owner/developer to provide verification certifying that the roadway improvements were constructed in accordance with the approved plan. A CERTIFIED REPORT SIGIN(LD 11Y Y.A. ?'Id1PES5J014 U ENGINF.,ER IS REQUIRED. (See =..ttau:lied form.) if testing results satisfy requirements, final approval will he given- if not: ntgoirewnits for comPF:nice will be issued. SP 17 The asphalt that is placed on thi; project shall rncet the re(mirements of the NCDOT RECEIVED "Quality Management System for Asphalt PavemetAs, Maintenance Version" mannalI� EB All required. forms shail be filled out. and submitted to the local NCDOT Maintenance 0 4 101§ Office. (See attachments.) pq""7^^npp1TM RECEIVED DCM WILMINGTON, NC JAN 2 8 Z019, SP 19 It is a condition of this permit that when future development occurs, additional roadway improvements will be required. The type and extent of development will determine what improvements are necessary. SP 20 Pavement design for widening shall be the following: 5 1/2" B25.013, 1 1/2" S9.5B or SF9.5A SP 22 Driveways shall have a minimum of 6" of ABC and 1-1/2" of SF9.5A or S9.5B from edge of pavement to the right-of-way line, or have a minimum of 6" of concrete from edge of pavement to right-of-way lute. (See NCDOT Roadway Standard Drawing #848,02.) SP 27 When working inside NCDOT Right of Way, there shall be no lane closures between the hours of 6:00 am - 9:00 am and 4:00 pm - 7:00 pm. No lane closures shall be allowed on State -observed holidays and weekends. SP 38 IT IS A CONDITION OF THIS DRIVEWAY PERMIT THAT ALL DRIVEWAYS SHALL BE SERVED INTERNALLY. SP53 This Permit is for Phase 1 ONLY of Marsh Haven at Alligator Bay, Phase I is 40 single family homes. Before construction begins on Phase a update to this driveway permit will be required. A Bond shall be posted for a right turn lane and a revision to this permit will be made. RECEIVED DCM WILMINGTON, NC JAN 2 8 2015. o m o E; n O rn ' F, III � to El C/) m um, O o% M z 0° D 0°' 1 a Z ' 0 ' W A. '• tl Iz I VVVm J m0 r p A r C :< m Z m Z 9 T s o m 11 —� M of co oaZC < co C Z m m pp �D Dm r 1 p z p r b D D 8 �Z rn x 0 0 I n n c X W go G) c m m n O z n C) UCM V RECENEo 0 04 1015 w "Hf) C?ITY VEG GTON.NG PE Certification for Subdivisions and Streets County: Subdivision Name: Date: Plat Book / Page or Slide / Cabinet Recording Info: Street Names: Phase: I have conducted a thorough on-siie inspection of the subject subdivision street's alignment and storm drainage, I certify that the streets and storm drainage have been constructed within substantial compliance and the.intent of the design drawings approved by the North Carolina Department of, Transportation on____/ and all subsequent revisions, Additionally, the attached testing reports sealed by a Professional Engineer indicates that the thickness' and densities for the subgrade, base and pavement have been constructed in accordance with the pavement structure approved in the aforementioned design drawings, Name: Signature: NC PE #: RECEIVED FEB 0 4 7015 p�^nn_ano�laltb DCN N9L Nili�t " ON, NIG JAN A 3 2015, QUALITY MANAGEMENT SYSTEM FOR ASPHALT PAVEMENTS F.O.B. Annual Needs Asphalt, Subdivision Subdiviision and Encroachment Agreeintenance Version - May ment ent Asphalt Pavements ll. 2EK921,LON. Produce and supply asphalt mixtures and pavements in accordance with a quality management system as described in these provisions. Perform all quality control activities in e Dep accordance with applicable procedures detailed in thartment's Hot Mix Asphalt Quality in Management System (HMA/QmS) Manual in effect on the date of 'contract advertisement, except as modified herein or unless otherwise approved. In lieu of providing quality control in accordance with these provisions, the supplier may provide quality control for the applicable mix type as described in Section 609 of the 2002 Standard Specifications with revisions in effect on the date of contract advertisement. In addition, Certification of Pavement Conformance, as detailed in Item 2B below, is a requirement. The producer will be permitted to operate under any of the Quality Management Systems detailed above and may switch from one system to another provided the minimum sampling frequency is maintained and the appropriate Division Quality Assurance Supervisor is notified in advance. 2. DESCRIPTION OF RFCPONSIBrr r,. --- �mauW41 ES, (A) Quality Control: Provide and conduct a quality control program in accordance with Ite Quality Control Systemi em 5 "Contractor's A quality control program is dfined as all activities, including mix necessary adjustments in the process t design, process control inspection, plant and equipment calibration, sampling and testing, and hat are related to production, transportation and placement of a pavement to meet all requirements of the specifications. Complete and provide to the Project Engineer Form QMS-MV1 detailing the companies and/or individuals responsible for each component of the quality control program. ($) Quality Control Certification of Pavement Conformance: Prior to project acceptance onto the State Maintenance System, provide to the Project Engineer certification that Hot Mix Asphalt was constructed in accordance with this Provision, Article 610 of the 2002 Standard Specifications for Roads and Structures as revised by the Maintenance Provision, dated March 2004, and in accordance with the Approved Plans, Utilize Form QMS-MV2 for this certification process, Certification of pavement conformance is project specific and may be performed by either a North Carolina licensed Professional Engineer with expertise in asphalt testing and placement procedures or a NCDOT certified QMS Level Q Plant Technician. Include all quality control test reports associated with the production, placement and compaction of the asphalt with the certification document. Compile the test results for each day's production to a project separately. QC laboratory test data may be representative of asphalt .produced to multiple .projects provided the minimum testing .frequency is maintained, FEBECEIVED O 4 201§ Provide measurements and documentation to substantiate the constructed pavement width, thickness and cross-section is that detailed in the Approved Plans. P4: nn::ryOW9 FIN Asphalt which does not conform to the Approved -Plans and/or Specifications should be presented to the Project Engineer for evaluation prior to certification of pavement conf, vEo Additional testing to determine suitability of this asphalt may be required. Note in a"summary R 1!' MNCTON. NC JAN F� ii 2015 and attach to the certification all asphalt test results that do not meet Specifications. Include Project Engineers directives; additional test results, if applicable; corrective measures; and final action. ' Certification of Pavement Conformance does not relieve the appropriate companylies from the responsibility of performing any pavement maintenance or corrective measures necessary prior to acceptance of the project. Certification of Pavement Conformance is not required for F.O.B. Annual Needs Asphalt. (C) Quality Assurance: The Department will conduct a quality assurance program in accordance with Item 6 "Quality Assurance". A quality assurance program is defined as all activities, including inspection, sampling, and testing related to determining that the quality of the mixture components and completed pavement conforms to specification requirements. 3. MIX DESIGN/JOB MIX FORMULA REQUIREMENTS. Apply all requirements of Article 610-3 of the 2002 Standard Specifications for Roads and Structures as revised by the Maintenance Provision, dated March 2004. 4. FIELD VERIFICATION OF MIXTURE AND JOB MIX FORMULA ADJUSTMENTS. Conduct field verification of the mix at each plant within 30 calendar days prior to initial production of each mix design, when required by the Allowable Mix Adjustment Policy and when directed as deemed necessary, Provide mix verification results to Division QA lab and to individual certifying mix conformance. Field verification testing consists of performing a minimum of one full test series on mix sampled and tested in accordance with Item 5(C)2, "Required Sampling and Testing Frequencies Obtain the mix verification sample and split in accordance with current procedures in the Department's HMA/QMS Manual. Do not begin normal plant production until all field verification test results have been completed and the mix has been satisfactorily verified by a QMS Level II Quality Control Plant Technician or Division Quality Assurance Supervisor. Verification is considered. satisfactory when all volumetric properties except %Gmm@Nini are within the applicable mix design criteria and the gradation, binder content, and %Gmm@Nini are within the individual control limits for the mix type being produced as specified in Article 609 of the 2002 Standard Specifications for Roads and Structures with revisions in effect on the date of contract advertisement. In addition to the required sampling and testing for field verification, perform all preliminary inspections and plant calibrations as outlined in the HMA/QMS Manual. .Retain records of these calibrations and mix verification tests, including Superpave Gyratory Compactor (SGC) printouts, at the QC laboratory, In addition, furnish Copies of the mixiECEivED verification tests, including SGC printouts, to the Division Quality Assurance Lab and 'individual certifying pavement conformance. FEB 0 4 2915 KA-A'AWM " Conduct the initial mix verification of all new mix designs with the plant set up to prod?r�e the aggregate blend and binder content in accordance with the initially approved IMF. If the Contractor and/or the Engineer determines from quality control test results conducted during mix verification that adjustments to the IMF are necessary to achieve specified mix properties, adjustments to the IMF may be made within tolerances permitted by specifications for the mix type being produced, subject to approval. No reduction of asphalt binder content wSbve�ifMUVED NO JAN 2 8 2015 when the average production VMA computes below the minimum specification requirement. All JMF adjustments will be approved by the Engineer and documented in writing. Failure by the Contractor to fully comply with the above mix verification requirements will result in immediate production stoppage by the Engineer. Do not resume normal, production until all mix verification sampling and testing, calibrations, and plant inspections have been performed and approved, Any mix produced that is not verified may be assessed a price reduction at the Engineer's discretion in addition to any reduction in pay due to mix and/or density deficiencies. 5. CONTRACTOR'S QUALITY CONTROL SYSTEM. (A) Personnel Requirements: Obtain all certifications In, accordance with the Department's QMS Asphalt Technician Certification Program as outlined in the HMA/QMS Manual. Provide a certified QMS Asphalt Plant Technician or QMS Asphalt Mix Sampling Technician at each plant site at all times during production of material for the project. Perform all quality control operations and activities, testing, and data analysis by or under the direct supervision of a certified QMS Asphalt Plant Technician. Sampling and data posting may be performed by or under the direct supervision of a certified QMS Asphalt Mix Sampling Technician or QMS Asphalt Plant Technician, Absences of the QMS Asphalt Plant Technician or QMS Asphalt Mix Sampling Technician, other than those for normal breaks and emergencies, must be pre -approved by the appropriate QA Supervisor or his designated representative. Any extended absence of the Technician that has not been approved will result in immediate suspension of production by the Engineer, All mix produced during this absence will be accepted in accordance with Article 105-3 of the Standard Specifications, Have readily available a certified QMS Asphalt Plant Technician Level H to consult for any necessary adjustments in the mix quality control process. The Level U Technician may serve in a dual capacity and fulfill the Level I Technician or Asphalt Mix Sampling Technician requirements specified above. Provide a certified QMS Roadway Technician with each paving operation at all times during placement of asphalt, F.O.B. Annual Needs asphalt excluded, This person is responsible for monitoring all roadway paving operations and directly supervising all quality control processes and activities, to include stopping production or implementing corrective measures when warranted. The Roadway Technician is also responsible for monitoring density test results and proceeding on limited production if required. Provide a certified QMS Nuclear Gauge Operator when nuclear density control is being used. Post in the quality control laboratory an organizational chart, including names, telephone numbers and current certification numbers of all personnel responsible for the quality control RECEIVED program while asphalt paving work is in progress. FEB 0 4 2015 (B) Field Laboratory Requirements: q Mm NAND (' Perform all quality control testing at a Department certified laboratory, unless otherwise approved. The laboratory may be located either at the plant facility or off -site. A minimum of 320 square feet (30 square meters) of floor space (exclusive of toilet facilities), equipment, and supplies necessary for performing quality control testing is required. Provide convenient telephone and fax machine access for QMS personnel at the plant site. Provide testing equipment meeting the requirements of the test methods herein identified4WED Item 5(Q2, " Required Sampling and Testing Frequencies Provide equipment that'ls'10i0¢' H' GTCN, NC JAN 2 8 201% calibrated and maintained. Allow all measuring and testing devices to be inspected to confirm both calibration and condition. If at any time the Engineer determines that the equipment is not operating properly or is not within the dimensions or calibration described in the applicable test method, the Engineer may stop production until corrective. action is taken. Maintain and have available a record of all calibration results at the laboratory. (C) Plant 1Nlix Quality Control: (1) General: Include in the quality control process the preliminary inspections, plant calibrations and field verification of the mix and JMF as described in Item 4, "Field Verification of Mixture and Job Mix Formula Adjustments". In addition, conduct at a minimum, but not limited to, the sampling, testing, and determination of all parameters outlined in these provisions using test methods and minimum frequencies specified herein. Perform additional sampling and testing when conditions dictate. Log all samples taken on forms provided by the Department. Split and retain all samples taken in accordance with prescribed procedures in the HMA/QMS Manual. Provide documentation as required in Item 5(E), "Documentation (Records)". Retain the untested split portion of quality control aggregate and mix samples for 5 calendar days at the quality control laboratory site, commencing the day the samples are tested. Permission for disposal may be given by Quality Assurance personnel prior to these minimum storage periods. Retain the split portion of the quality control mix verification and referee mix samples until either procured by or permission for disposal is given by Quality Assurance personnel, Store all retained samples in a dry and protected location. (2) Required Sampling and Testing Frequencies: For projects or contracts where the specified quantity of an asphalt concrete mix type is 100 tons or more, maintain minimum test frequencies as established in the schedule below. Complete all tests within 4 calendar days of the time the sample is taken. Should the specified tests not be completed within the required time frame, cease production at that point until such time the tests are completed. Provide all test data to the appropriate Division Quality Assurance Lab and individual certifying pavement conformance within one calendar day of the results being known. Should the Contractor's testing frequency fail to meet the minimum frequency requirements as specified, all mix without the specified test representation will be considered unacceptable until samples are recovered from the constructed pavement and the appropriate testing is performed. Upon evaluation of the test results, the pavement will be accepted in accordance with Article 105-3 of the Standard Specifications. If desired, innovative equipment or techniques not addressed by these specifications to produce or monitor the production of mix may be utilized, subject to approval. RECEIVED FEB 0 4 1015 HMpYA-os4 st-rry RECEIVED DCM WILMINGTON, NC . JOIN 2 8 2011 QUALITY CONTROL NIININIUM SAMPLING AND TESTING SCHEDULE Sample and test the completed mixture from each mix design at the minimum frequency detailed below. Include in the production increment all mix being produced under this Provision, excluding F. 0, B. Annual Needs asphalt. If the daily production quantity is less than 100 tons (metric tons) a sample is not required. Daily Production — Tons (Metric Tons) dumber of Samples oer day 100— 750 (100.750) 1 750- 1500+ 1 per each additional'750 tons (metric tons) Sample and test the -completed F.O.B. Annual Needs asphalt mixture at a minimum frequency of 1 Partial Test Series per quarter for each mix design produced during that quarter, beginning January of each year, and/or when directed by Quality Assurance personnel. Obtain the sample from the actual asphalt being supplied for F.O.B. Annual Needs Asphalt. Utilizing the QMS Form QC-1, fax all tonnage information to the appropriate Division Quality Assurance Lab by the beginning of the next work day, not to exceed one (1) calendar days. Obtain a sample, within the increment specified above, at a location determined by the QMS Asphalt Plant Technician or QMS Asphalt Mix Sampling Technician. Acquire the sample in accordance with the procedures detailed in the current edition of the Department's HMA/QMS Manual, excluding the random sampling procedures. Sample the asphalt mixture from the truck at the plant in accordance with AASHTO T 168 Modified. A split sample is required. Perform a Partial Test Series on each sample within the specified Increment. Utilizing the QMS Form QC-1, provide test results to the Quality Assurance Lab and the individual certifying pavement conformance within one calendar day after the test results are known. Partial Test Series will consist of Items A. and B. detailed directly below. A. Binder Content, % (Contractor may select either option below): 1. Ignition Furnace (AASHTO T 308 Modified) 2. Other (Contractor may request and use other means of determining percent asphalt binder, subject to approval). B. Gradation on Recovered Blended Aggregate from Mix Sample (AASHTO T 30 Modified) Grade on all sieves specified on JMF In addition to Items A& B above, perform the following additional tests, Items C through J, during mix verification (Full Test Series), RECEIVED C. Maximum S pecific Gravity (AASHTO T 209 or ASTM D 2041), optional FEB 0 4 2015 (ASTM D 6857) t��,. _M M cev D. Bulk Specific Gravity of Compacted Specimens (AASHTO T 166), optional (ASTM D 6752), Average of 3 specimens at Nda, gyrations (AASHTO T 312) E, Air Voids (VTNI)(AASHTO T 269), Average of 3 specimens at Nd,, gyrations F. Voids in Mineral Aggregate (VMA) (calculation) JJFCEI\/ED G. Voids Filled with Asphalt (VFA) (calculation) DCM WILMINGTON, NC JAN MOZ H. Pe,o,s/Pb, Ratio 1. % Maximum Specific Gravity at N;�i (calculation) J. % Maximum Specific Gravity at Nm,,, (Split Sample Required) 1, Sampled from plant produced mix 2. 3 specimens compacted at N,,. gyrations 3. %Gmm@Nmaxcalculated from average of 3 specimens. As part of the Quality Control Process and in addition to the above Full and Partial Test Series, periodically or when directed conduct the following sampling and testing: A. Aggregate Stockpile Gradations (AASHTO T 27 and T 11) (Sampled from stockpiles or cold feed system as follows; split samples not required) 1. Coarse Aggregates (Approved Standard Sizes) 2. Fine Aggregates (Stone Screenings, Natural Sands, Etc.) In lieu of the aggregate stockpile gradations performed by QC, gradation quality control data conducted by the aggregate producer, which is representative of the Contractor's current stockpiles, may be furnished. B. Reclaimed Asphalt Pavement (RAP) Binder Content and Gradation (AASHTO T 308 Modified or T 164 and AASHTO T 30) (sampled from stockpiles or cold feed system). Have RAP approved for use in accordance with Article 1012.1(0). (Split Sample Required) C. Combined Aggregate Moisture Content (AASI TO T 255) Drum Plant Only (sampled from stockpiles or cold feed system). D. Uncompacted Void Content of Fine Aggregate, AASHTO T 304, Method A (natural sand only). E. Reclaimed Asphalt Shingle Material (RAS) Binder Content and Gradation RECEIVED (AASHTO T 308 Modified or T 164 and AASHTO T 30 Modified) (sampled from stockpiles or cold feed system at beginning of production and weekly FEB 0 4 2015 thereafter). Have RAS approved for use in accordance with Article 1012-l(F),PP.M MHo CITY (Split Sample Required) Sampling and Testing of the asphalt mixture may be performed after pavement construction is complete, however, this process is highly discouraged. When electing to test the asphalt mixture after the pavement construction is complete, adhere to the sampling and testing frequency detailed below. Perform all sampling and testing in the presence of an appropriately QMS certified technician. A. The mixture tonnage without test representation will be divided into approximate equal sub -lots not to exceed 250 tons. B. Increment tonnage of 375 tons or more will be divided into a minimum of 3 sub - lots. C. Increment tonnage of less than 375 tons will be divided into a minimum of 2 sub - lots. RECEIVED DCM WILMINGTON, NC JAN 2.8 2015 D. Each sub -lot shall be sufficiently cored at one random location to yield enough mix to perform a Partial Test Series. Only one set of samples will be allowed in each sub -lot. E. Core samples from the same sub -lot will be combined for testing, samples from different sub -lots shall not be combined for testing, F. Full depth cores must be satisfactorily separated by mix layer prior to testing. G. Saw the area from which the cores were taken to create a rectangular area. Remove all excess material and immediately clean, tack, fill with hot asphalt mix of the same type and compact the asphalt to conform to the surrounding area. (3) Control Limits; The following are established as control limits for mix production. Control Limits Mix Control Criteria Target Source Individual Limit 2.36mm Sieve JIVIF t8.0 % 0.075mm Sieve JMF t2.5 % Binder Content JIVIF t0.7 % (4) Corrective Actions: All required corrective actions are based upon initial test results and must be taken immediately upon obtaining those results. In the event situations occur which warrant more than one corrective action and/or adjustment, give precedence to the more severe of these actions. Stopping production when required takes precedence over all other corrective actions. Document all corrective actions. Immediately cease production of a mix when an individual test result for a mix control criteria exceeds both the individual test control limits and the applicable specification design limits detailed in Table 610-1 of the 2002 Standard Specifications for Roads and Structures as revised by the Maintenance Provision, dated March 2004, or when two consecutive binder content test results exceed the individual limits. Do not resume normal production of the mix in'question until approval is given. Acceptance of all mix failing to meet the individual test control limits will be determined in accordance with Article 105-3, In addition, any mix which is obviously unacceptable will be rejected for use in the work. Failure to stop production when required due to an individual mix test not meeting the specified requirements will subject all mix from the stop point tonnage to the point when the next individual test is back within the control limits, or to the tonnage point when production is actually stopped, whichever occurs first, to being considered unacceptable. Acceptance of this mix will be determined in accordance with Article 105-3 of the Standard Specifications. Additional sampling and testing of the mix from the constructed pavement may be required for evaluation. .. RECEIVED _r,r_iJcD FEB 0 4 2M DW WILMINGTON, NC "hM-MHD CITY JAN 2 3 2019, (5) Allowable Retesting for Mix Deficiencies: The Contractor may elect to resample and retest for plant mix deficiencies when individual QC test(s) exceed one or more mix property target(s) by more than the tolerances indicated below. Perform the retesting within 10 days after initial test results are determined. Retesting must be approved prior to being performed and in accordance with the Department's "GUIDELINES FOR RETESTS OF PLANT MIX DEFICIENCIES" outlined in the RMA/QMS Manual. These retests will be performed by the Contractor under the supervision of the Department's QA Personnel. Retests for any mix deficiency other than as listed below will not be allowed unless otherwise permitted. Acceptance of the mix in question will be based on the retest data in accordance with Article 105-3. The Department reserves the right to require the Contractor to resample and retest at any time or location as directed. • % Binder Content. - by more than +/- 1.0% • 0.075 mm sieve by more than +/ 3.0% • 2,36 mm sieve - exceeds both the Specification mix design limits and one or more of the above tolerances (D) Field Compaction Quality Control (F.O.B. Annual Needs Asphalt excluded): (1) General: Perform quality control of the compaction process in accordance with these provisions and applicable requirements of Article 610-9 of the 2002 Standard Specifications for Roads and Structures as revised by the Maintenance Provision, dated March 2004. The Contractor may elect to use either cored sample density procedures or nuclear gauge density procedures. Utilizing QMS Form MV-1, provide to the Department and the individual certifying pavement conformance the method of density quality control which will be used on the project. Establish acceptable control strips when required at locations approved by the Engineer. Construct control strips which are 300 feet (91.4 m) in length at the paver laydown width being placed. When utilizing core sample control, place control strips anytime placement is proceeding on limited production due to failing densities. When utilizing nuclear density control, place control strips at the minimum frequencies specified in the Department's curreriruVEo Nuclear Gauge Operator's Manual. In addition, place control strips anytime deeRVO 4 2015 necessary by the Engineer. pbWl'NOInb PYhY Perform density sampling and testing within each test section, which is defined as 2000 linear feet (600 linear meters) or fraction thereof per day of pavement placed at the paver laydown width. Perform density sampling and testing on all pavement widening 4.0 feet (1.2 m) or greater, on uniform width paved shoulders 2.0 feet (0.6 m) or greater, and on all full width travel lane pavements, including normal travel lanes, turn lanes, collector lanes, ramps, loops, temporary pavements, and wedging as outlined in the fltvlA/QM5 Manual, unless otherwise approved. Base and intermediate mix types (surface mixes not included) utilized for pavement widening of less than 4.0 feet (1.2 meters) and all mix types used in tapers, irregular areas and intersections (excluding full width travel lanes of uniform thickness), will not be subject to the sampling and testing frequency specified above provided the pavement is compacted using approved equipment and procedures. However, the Engineer may require occasional C,V `:1'LMINC3 MN, NC JAN 2 3 2013, density sampling and testing to evaluate the compaction process, irregular areas are defined as areas which have irregular shapes. which make them difficult to compact with conventional asphalt rollers to include cut -de -sacs. perform the sampling and testing at the minimum test frequencies as specified above. Should the density testing frequency fail to meet the minimum frequency as specified above, all mix without the required density test representation will be considered unsatisfactory until samples are recovered from the constructed pavement and the appropriate testing is performed. Upon evaluation of the test results, the pavement will be accepted in accordance with Article 105.3 of the Standard Specifications. Conduct all QC nuclear density testing the same day that the mix being tested is placed and compacted. Obtain all core samples no later than the beginning of the next production day, not to exceed three (3) calendar days. Test QC core samples and submit test results to the Quality Assurance Lab and to the individual certifying pavement conformance within one calendar day of the results being known. Should the specified density tests not be completed within the allowable time cease production at that point until such time the required tests are completed. Failure to provide samples may result in suspension of all project operations. Retain quality control density core samples at the plant site for 5 calendar days, commencing the day the samples are tested, or until permission for disposal is granted by the quality assurance personnel, whichever occurs first. Retain the Department's quality assurance comparison and verification core samples in a sealed container at the plant site until obtained by quality assurance personnel. Store all retained density samples on a smooth, flat surface in a cool, dry, and protected location. Check core samples may be taken by the Contractor for any of the following reasons: 1. When core sample control is being used and a test section core sample(s) is more than 2.0 percent below the average of all core samples from the same lot, that core(s) samples may be checked, 2. When a control strip fails and a core sample(s) is more than 2.0 percent below the average of the control strip, that core(s) may be checked. For each core sample that is to be checked, take 3 check samples as follows: one adjacent to the initial sample and one ten feet (3 meters) in each direction, longitudinally, of the initial sample. The results of these 3 check samples will be averaged and this average will be used in lieu of the initial core results in question. The initial core sample results will not be used if check samples are taken. Check samples must be taken within 2 calendar days of the date when the initial sample results are obtained, Only one set of check samples per sample location will be allowed, if full depth cores are necessary at these check sample locations, separation of the layer to be tested will be the responsibility of the Contractor, Notify the Project Engineer itu&&F samples are to be obtained. FEB 0 4 1015 (2) Pavement Samples (Cores): WA>. .,I �n f1JTV When cored samples are required by either density method, obtain cores from the full layer depth of the compacted pavement at random locations determined in accordance with procedures in the Department's H,YIAfQMS Manual. Full depth cores may be taken in lieu of placing a separator medium beneath the layer to be tested. if full depth cores are taken, the Contractor is responsible for separating the layer of mix to be tested in a manner such that it is not damaged. The use of a separator medium beneath the layer to be tested is prohkitedc_::; RCN; WILMINGTON, NC JAN 2 8 2015 Pavement layers may be cooled by approved artificial methods to allow cutting the core samples as quickly as possible. No additional compensation will be made for the costs of artificial cooling. Take pavement specimens for density testing purposes utilizing a 6 inch (152.4 mm) core drill. Use approved coring equipment that is capable of taking a representative sample of the compacted pavement. Where samples have been taken, clean the inside surfaces of the sample hole, dry, lightly coat with tack coat, and immediately place and compact new mix of the same type to conform with the surrounding area. Use a circular tamp or other approved device to achieve compaction. (3) Cored Sample Density Procedures: In addition to the above requirements, perform core sample density control procedures as noted herein. When cored sample control is being utilized, the testing frequency will be a minimum of one random 6 inch (152 men) core sample taken from each test section, except take a minimum of at least three core samples from each mix type and/or lot placed on a given day. An initial control strip Is not required at the beginning of placement of each job mix formula but may be performed by the Contractor for use in determining the necessary compactive effort and roller patterns. Cored sample control strips will be required if production and placement is being performed under limited production procedures due to failing densities. (4) Nuclear Gauge Density Procedures: In addition to the requirements in Item 5(D) 1, perform nuclear density control procedures in accordance with the Department's most current Nuclear Gauge Operator's Manual. This manual may be obtained through the Department's M & T Soils Section. Determine density by the backscatter method of testing using a thin -lift nuclear gauge, with printer, which has been approved by the Department. Furnish, maintain, and operate the nuclear gauge, Perform testing by a certified QMS Nuclear Gauge Operator, Provide a gauge that has been calibrated within the previous 12 months by an approved calibration service, Maintain documentation of such calibration service for a 12month period. Provide record of gauge calibration to the individual certifying mix conformance. Conduct all QC nuclear density tests the same day the mix being tested is placed and compacted. Furnish summary of density results, along with the nuclear gauge printout(s), to the individual certifying mix conformance. Determine target density for testing by constructing control strip(s) in accordance with and at the frequencies prescribed in the Nuclear Gauge Operator's Manual. Core saeftog* VEo from the control strips may be checked in accordance with the criteria established in Ite 041015 5(D) L Conduct sampling and testing as specified based on test sections consisting of nofiliorr""� than 2000 linear feet (600 linear meters) or fraction thereof per day on pavement placed at the paver laydown width. The nuclear density testing frequency will consist of five random gauge readings (one random reading from each of five equally spaced increments) from each test section. In addition, take at least five gauge readings during any day's production of a given mix type. Random locations for gauge readings will be determined in accordance with the procedures in the Department's most current Nuclear Gauge Operator's Manual-iTest JCNM VVItKNG� TON. NC JAN 2 8 2015 section. pavement must be of the same mix design as the pavement utilized in the applicable control strip. (5) Density Acceptance: As detailed in Article 610-13 of the 2002 Standard Specifications for Roads and Structures as revised by the Maintenance Provision, dated March 2004, asphalt pavement will be accepted for density on a lot by lot basis. A lot will consist of one day's production of a given job mix formula on a contract. As an exception, separate lots will be established for pavement placed simultaneously by multiple paving crews. A separate lot will be established for the pavement placed by each paving crew. (6) Limited Production Procedure: Proceed on limited production when, for the same mix type, one of the following items occur: • Three consecutive failing lots • Two consecutive failing nuclear control strips. Limited production is defined as being restricted to the production, placement, and compaction of a sufficient quantity of mix necessary to construct only a 300 foot (100 meter) control strip plus 100 feet (30 meters) of pavement adjacent to each end of the control strip. Remain on limited production until such time as satisfactory density results are achieved or until two control strips have been attempted without achieving acceptable density test results. If the Contractor fails to achieve satisfactory density after two control strips have been attempted, cease production of that mix type until such time as the cause of the failing density test results can be determined. As an exception, the Project Engineer may grant approval to produce a different mix design of the same mix type if the cause is related to mix problem(s) rather than compaction related problems. If the Contractor does not operate by the limited production procedures as specified above, three consecutive failing lots or two consecutive failing nuclear control strips, whichever is applicable, and all mix produced thereafter will be considered unacceptable. Acceptance of this mix will be determined in accordance with Article 105-3 of the Standard Specifications. Additional sampling and testing from the constructed pavement may btUVED required for evaluation of this pavement. FEB 0 4 2014 (E) Documentation (Records): DEN, f,Au� W,,,,, Document all quality control observations, records of inspection, samples taken, adjustments to the mix, and test results on a daily basis. Note the results of observations and records of inspection as they occur in a permanent field record. Record adjustment to mix production and test results on forms provided. Provide all such records to the Engineer, upon request, at any time during project construction. Complete all QC records and forms in accordance with the most current edition of the Department's H1v1A/QMS Manual and provide to the individual certifying mix conformance. Maintain the QC testing forms and records for one calendar year after the project is accepted onto the state maintenance system. Failure to maintain QC records and forms as required, or to provide these records and forms to the Engineer upon request, may result in production and/or placement stoppage until the problem is resolved. Falsification of test results, documentation of observations, records of inspection, adjustments to the process, discarding of samples and/or test results, or any,.othPF,[—D )CKf'.NIEMINGTON, NC _. JAN 2 3 20151 deliberate misrepresentation of the facts will result In the revocation of the applicable person's QMS certification and possible prosecution under State and/or Federal Law. The Engineer will determine acceptability of the mix and/or pavement represented by the falsified results or documentation. If the mix and/or pavement in question Is determined to be acceptable, the Engineer may allow the mix to remain in place at no pay for the mix, asphalt binder and other mix components. If the mix and/or pavement represented by the falsified results is determined not to be acceptable, remove and replace with mix which complies with the Specifications. Payment will be made for the actual quantities of materials required to replace the falsified quantities, not to exceed the original amounts. 6. QUALITY ASSURANCE. The Department's quality assurance program will be conducted by a certified QMS technician(s) and will be accomplished in the following ways: _Plant Mix OUalitV Assurance• 1. By conducting assurance testing of split samples obtained by the Contractor; 2, By periodically observing sampling and testing procedures performed by the Contractor; 3, By directing the Contractor to take additional samples at any time and any location during production (in lieu of the next scheduled random sample for that increment); 4. By conducting verification sampling and testing on samples taken independently of the Contractor's quality control samples; or 5. By any combination of the above The Engineer will conduct assurance tests on both split QC mix samples taken by the Contractor and verification samples taken by the Department. These samples may be the regular quality control samples or a sample selected by the Engineer from any location in the process or verification samples taken at random by the Department. The Engineer may select any or all split samples for assurance testing. Density Quality Assurance: 1. By retesting randomly selected quality control test sections (either cores or RECEIVED nuclear) 2. By periodically observing tests performed by the Contractor; FEB 0 4 1015 3. By testing randomly selected comparison core samples taken adjacent to the Pow =nnr! PITY Contractor's quality control core samples (8 inches center -to -center); and 4. By conducting verification sampling and testing on test sections (either core or nuclear) independently of the Contractor's quality control test sections 5. By periodically directing the recalculation of random numbers for the Quality Control core or nuclear density test locations. The original QC test locations may be tested by QA and evaluated as verification tests. Comparison and verification core samples will be taken in the presence of a QA technician, and either delivered directly to the appropriate Division Quality Assurance Lab by a QA technician or placed in a sealed container and delivered to the Quality Control Lab to be acquired for Quality Assurance testing. DCM WILMINGTON, NO . JAN 2 0 2015, Quality assurance and verification samples will periodically be obtained for testing independently of the Contractor's quality control process. These samples will be split for testing t' A urance and Quality Control personnel. by Qua ity ss Results of quality assurance tests will be provided to the Contractor within 4 working days after the sample has been obtained. Limits of f Precision: Differences between the Contractor's and the Department's split sample test results will be t'dered acceptable if within the following limits of precision: roos Limits of Precision Mix Proper t 10.0% 25.Omm sieve(Base Mix) t 10,00/0 19.Omm sieve(Base Mix) f 6.0% 12,5mm sieve(Intermediate Mix) t 5.0% 9,5mm sieve(Surface Mix) t 5,0010 4.75mm sieve(Surface Mix) t 5,0010 2,36mm sieve(All Mixes) t 2,0% 0,075mm sieve(All Mixes) t 0.5% Asphalt. Binder Content Maximum Specific Gravity(G,, m) 0,020 Bulk Specific Gravity (Gmb) t 0.030 t 1.2% (% Compaction) Retest of QC Core Sample t 2.0% (% Compaction) Comparison QA Core Sample t 2.0% (% Compaction) QA Verification Core Sample t 2.0% (% Compaction) Nuclear Comparison of QC Test t 2.0% (% Compaction) QA Nuclear Verification Test The Engineer will immediately investigate the reason for differences if any of the following occur: 1. QA test results of QC split sample does not meet above limits of precision, or 2. QA test results of QC split sample does not meet the individual test control limits or the specification requirements, or 3. QA verification sample test results exceed the allowable retesting tolerances. If the potential for a pavement failure exist, the Engineer may suspend production, wholly or in part, in accordance with Article 108-7 of the Standard Specifications while the investigation is in progress. The Engineer's investigation may include, but not be limited to the following: RECEIVED 1. Joint testing of any remaining split samples, 2. Review and observation of the QC technician's sampling and testing procedures, FEB 0 4 Nb gaNp: Nn�rroa+ 3. Evaluation and calibration of QC testing equipment, and/or 4. Comparison testing of other retained quality control samples, and/or additional density core samples. If additional mix samples or core samples are necessary to resolve the difference, these samples will be taken. as directed and tested jointly by the Quality Control and Quality Assurance personnel. if reasons for the difference cannot be determined, payment for the mix in question, `D ,ve M!NeroN, No JAN.2820151 will be determined in accordance with Article 105-3 of the Standard Specifications, If the reason for the difference is determined to be an error or other discrepancy in the quality control test results, the applicable quality assurance test results or applicable verification test results will be used to determine compliance with the applicable mix or density specification requirements. Quality Assurance personnel will periodically witness the sampling and testing being performed by the Quality Control technician. If the Engineer observes that the sampling and quality control tests are not being performed in accordance with the applicable test procedures, the Engineer may stop production until corrective action is taken. The Engineer will promptly notify the Contractor of observed deficiencies, both verbally and in writing. The Engineer will document all witnessed samples and tests. 7. QUEL NCE, ill be made by the Department in accordance with Final acceptance of the asphalt pavement w the following: MLx Accentan_C0: The Engineer will base final acceptance of the mix on'the results of random testing made on split samples during the assurance process and validation of the Contractor's quality control process as outlined in Items 6 and 5(C), respectively. Densr� Ceptance (F O B Annual Needs asphalt excluded): The Department will evaluate the asphalt pavement For density compliance after the asphalt mix has been placed and compacted using the Contractor's quality control test results, the Department's quality assurance test results, and by observation of the Contractor's density quality control process as outlined in Items 5(D) and 6 of this provision and in Article 61043 of the 2002 Standard Specifications for Roads and Structures as revised by the Maintenance Provision, dated March 2004. RECEIVED FEB 0 4 2015 RECEIVED DCM WILMINGTON, NC JAN 2 3 2015, Liam. PDeseription: County: roject It Mix Aspbalt Supplier, be NCDOT Caddlled PIeM) Melon under which the Asphalt Mixture will be tested C8 # Plant 1: Cart.# QMaintenance version Plant 2; Cert.0 2002 Speclticatlon as revised Plant 3: _...._... o.nlur} Rnecial ProVISIDn - „_, e_.....deNumhefle) — ty and lndlVI0ua1k�l 1+� naqulramant 1a QMS Level I Plant Crdlnc.eon) QMS Cert.# QMS Cart.# QMS Cart.# Company Performing Asphalt placement: ,. Company and Indlvldual(s) performing Asphalt tensity Testing: QMS Cart.#, Co Leval I Plant Taohnlelen .(slot aMa Nuolar aauge Operator) QMs Cert.# QMS Cart.# QMS Cart.# Proposed Type of Density Control Q Nuclear a Core QMS Certified Roadway Tech iici on,)) QMS Cert.# (Must be PrMent during all laydown op QMs Cart.# Individual Certifying pavement Conformance with NCDOT Specifications and pical Sections detailed on the approved plans: trting end laydown prccedurr) andNCOOGrtlned QMS Level II Plant Technician ar NO naglatered Civil engineer with eapedlse In uphdt Ty QMs Cert.0 or NC PE# Company: al.nne Number: - Comments: Anticipated Asphalt Placement Date:' District Engineer Is to COPY the Divisfcn GA Lab end ell parties listed above Form oMS•MV1 RECEIVED March 2004 FEB 04 MIS <Eca:r,Eri DCM WILMINGITA, NC DCM-MHD CITY JAN 2 8.2015. certify that I' project is S c'fications Certification of Pavement Conformance the Hot Mix Asphalt placed on the.. in accordance with the North Carolina Department of Transportatlon pe t Article signingLi above I certify that Specificationsaccordance er the 22Standard for Roads and Structures with curtentes revisions or in accordance the Quality Management System for Asphalt Pavements (Maintenance Version) dated March 2004. 1 certify that the asphalt mixture was placed in accordance with Article 610 of the 2002 Standard Specifications for Roads and Structures as modified by the Maintenance Provision dated March 2004. and cross-section Further, I certify that the pavement structure was constructed to the depth' Approved Drawings have detailed on the Approved Plans. Any exceptions to the above Specifications or App been previously addressed with the NCDOT Project Engineer and are explicitly detailed in an attached document. Witness my original signature, and license or certification number, this the •_ day Of (month)' (year). North Carolina Registered Professional Engineer or License or Certification Number QMS Level II Plant Technician or Disclaimers: This certification is based upon the attached test data and measurements and is not testimony to the workmanship of the asphalt pavement which is the sole responsibility of the company performing such work, The above signature shall not in any manner transfer to the signatory or waive such responsibility until the above project or portion thereof is accepted onto the state -maintenance system' of This certification is based upon the attached test data being acc heetests andanthe co paniescthey accuracy and authenticity rests with the individuals performing represent. Attachments: \Asphalt Mixture Testing `Zonfrtmation of testing performed at Department Certified Lab Approved job-mix•formula number for each asphalt n una utilized aotor Printouts far each asphalt mix design Field verification test results with Superpave Gyratory Comp ( SGC ) p utilized QC -I form for each production day, QA/QGI form with binder content printout for each mixture sample tested Density Testing M&T 605 form for each production day , QC-5 form for each day when core samples are obtained QA/QC-5 form for each day when core samples are obtained Most recent nuclear gauge calibration- if applicable Ivt&T 5l4 QA/QC form for each nuclear control strip IV&T 516 QC font, for each day nuclear density testing is performed RECEIVED FEB 0 4 2015 Form QM5-MV2 March 2004 DCM WILMINGT0N, k!G JAN 2 0 2015, NKT #10109 VERIFICATION OF COMPLIANCE WITH lc y.11 ENVIRONMENTAL REGULATIONS (Check Appropriate Box) NI ❑ Permits from the N.C. Department of Environment and Natural Resources and the U.S. Army Corp of Engineers are not required for this project. However, all applicable federal and state regulations have been followed. The required permits from the N.C. Department of Environment and Natural Resources and the U.S. Army Corp of Engineers hmze obtained for this project. Copies of permits and Completion Certificates are attached. A��,,�.e,� in +1-e rzw e % a-F ilh& �I ❑ All applicable NPDES Stormwater Permit requirements have been met for this project. (The applicant should contact the N.C. Division of Water Quality in Raleigh to determine if a stormwater permit is required). The project is in compliance with all applicable sedimentation and erosion control laws and regulations. Project Name: Marsh Haven at Alligator Bay Township: Sneads Ferry County: Onslow Project Engineer: John S. Tunstall, P.E. Phone No. 910-343-9653 Norris, Kuske & Tunstall Consulting Engineers, Inc. Project Contact: John S. Tunstall. P.E. John F. Kiley, Custodian Applicant's Name: MidAtlantic IRA, LLC F Date Submitted: 63.11.11 Form VCEK-I June I, 2006 �R4 RECEIVED FEB 0 4 2015 FV9"-MW) CRY RECEIVED DCM WILMINGTON, NG JAN 2 8 Z015 NKT Project N iJA National Pollutant Elimination System (NPDES) 'L. tv Stormwater Permit Compliance Certification I, John F. Kiley, Custodian of EintrusWidatlantlpnLLC FBO Cameron Smitti IRA, a duly authorized representative of Marsh Haven at Alligator Bay, an industrial / commercial / residential,?facility requesting attachment to a North Carolina Department of Transportation highway drainage system at Chadwick Acres Road in Onslow County, do hereby certify the following: Check appropriate box and circle type of facility The Industrial / Commercial / Residential facility does not require an NPDES stormwater permit. (This is not an industrial facility). ❑ The Industrial / Commercial / Residential facility does require an NPDES stormwater permit. The permit has been obtained and a Stormwater Pollution Prevention Plan (SPPP) is in place. Appropriate structural stormwater best management practices (BMP) are designed and installed as required by the Department of Environment and Natural Resources (DENR) and / or the local governing agency. All structural stormwater BMP's are located outside of NCDOT right-of-way. I understand if the Department of Transportation determines the facility is not in compliance with NPDES stormwater requirements, the Department will report the noncompliance to the DENR Division of Water Quality. I also understand that falsification of this certification may result in penalty of law against the facility and me as prescribed in the North Carolina General Statues. . Signature:- r s( t{f.CrIVED John F. Kiley, Custodian) 1'�,B 04 10'6 Date: / ) .f / lv yj hw QN+vclrf Note: If the applicant has a question as to whether an NPDES stormwater permit is required, he or she may contact the N.C. Division of Water Quality in Raleigh at (919) 733-5083 (ask for Stormwater and General Permits Unit). Form NPDES-1 RECEIVED May 22, 2006 DCM WILMINGTON, NO JAN 2 8 2019. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary EXPRESS February 2, 2015 MEMORANDUM: TO: FROM: Debbie Wilson, NC DENR-DCM Express Major Permits Coordinator -Southern & Central Regions 127 Cardinal Drive Ext., Wilmington NC 28405 (Courier 04-16-33) SUBJECT: CAMA Permit Application Review Applicant: Midatlantic IRA, Lill for Marsh Haven SID Project Location: terminal end of Marsh Haven Drive, adjacent to Alligator Bay, in Sneads Ferry, Onslow County Proposed Project: to develop the remaining portion of an existing S/D partially located within the 575' AEC, and to construct a community docking facility with a kayak launch Please indicate below your agency's position or viewpoint on the proposed project and return this form to Debbie Wilson at the address above by February 26, 2015. If you have any questions regarding the proposed project, contact her at (910) 796-7266, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, 128405 Phone: 910-796-72151 FAX 910-395-3964 Internet www.nccoastalmanagement.net An Equal Opportunity Affirmative Action Employer e�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary EXPRESS February 2, 2015 MEMORANDUM: FROM: Debbie Wilson. NC DENR-DCM Express Major Permits Coordinator -Southern & Central Regions 127 Cardinal Drive Ext., Wilmington NC 28405 (Courier04-16-33) SUBJECT: CAMA Permit Application Review Applicant: Midatlantic IRA, LLC for Marsh Haven SID Project Location: terminal end of Marsh Haven Drive, adjacent to Alligator Bay, in Sneads Ferry, Onslow County Proposed Project: to develop the remaining portion of an existing S/D partially located within the 575' AEC, and to construct a community docking facility with a kayak launch Please indicate below your agency's position or viewpoint on the proposed project and return this form to Debbie Wilson at the address above by February 26, 2015. If you have any questions regarding the proposed project, contact her at (910) 796-7266, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext, Wilmington, NC 28405 Phone. 910-796-72151 FAX 910-395-3964 Internet, www.nccoastalmanagementnet An Equal Oppotlumty l APormatave Action Employer EXPRESS DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Midatlantic IRA, LLC COUNTY: Onslow PROJECT NAME: Marsh Haven SID & Community Kayak launch LOCATION OF PROJECT: terminal end of Marsh Haven Dr., adjacent to Alligator Bay, in Sneads Ferry DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-28-15 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Dail DISTRICT MANAGER REVIEW: v" ir B) DATE RECEIVED BY MAJOR PERMYTS UNIT: PUBLIC NOTICE REC'D: 2-5-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE: 2-2-15 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $2000 EXPRESS FEE END OF NOTICE DATE: 2-26-15 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 2-26-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM Corps of Engineers NC Division of Coastal Management EXPRESS Major Permit Application Computer Sheet AEC Alligator Bev Fee COATS SIPS 2000� Applicant: Midat/antic IRA, LLC for Marsh Haven Agent: Antinori Construction, Inc c% Jennifer & Jerry Ennett Project Site County: Onslow Staff: Dail/Wilson LAB District: Wilmington Project Name: Marsh Haven Communityif t Rover File: jy0 i21Is4- River Basin: White Oak Initial date of application submittal to WiRO: 1-28-15 Date application "received as complete" in the Field office Permit Authorizalio CAMA ❑Dredge & Fill ❑Both SITE DESCRIPTIONIPERMIT INFORMATION ORW: Pyes ❑No PNA: Yes ❑No Photos Taken: Yes ❑ NA Setback Required (riparian): ❑Yes No Critical Habitat: ❑Yes ❑No AgNot Sure 15 foot waiver obtained: E]Yes,3gNo Hazard Notification Returned: ❑Yes,,Oo SAV: ❑Yes No []Not Sure Shell Bottom: ❑Yes ❑No .Q Not Temporary Impacts: ❑Yes No Sure Sandbags: ❑Yes19No ElNot Sure Did the land use classifica�tion ome Mitigation Required (optional): from county LUP: ❑Yes ` o ❑YesANo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes_jNo ❑NA ❑YesNo ❑NA 94I FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) pen or- Closed P / S SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I [:]Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) (Jurisdictional wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass ❑ (SY) Salt reed grass (Spartina alterniflora) (Spartina cynosuroides) ❑ (DS) Salt or spike grass ❑ (SC) Bullrush or three square ❑ (TY) Cattail (Typha sp.) (Distichlis spicata) (Scirpus sp.) ❑ (JR) Black needlerush ❑ (SP) Salttmeadow grass (Juncus roemerianus) (Spartina patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 X Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 ❑ I II(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 Applicant: Midatlantic IRA, LLC (Marsh Haven) Date: 1-28-16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One n New Work Replace 5 Maint ❑ ❑ Y ❑ N f 1p (J New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace 1 Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Dredge ❑ Fill ❑ Both ❑ Other i / dq Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1-868-4RCOAST :: www.nccoastalmananement.net revised: 10/12/06