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HomeMy WebLinkAbout162-05 Minor Mod. 03/2006 Wright Smith dba/WD-42, LLC y FM=IFICATION/MINOR ss Permit Number 162-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermtr t � oo for ®pY Major Development in an Area of Environmental Concerri'� pursuant to NCGS 113A-118 d P �xcav4tion and/or fillingpursuant to NCGS 113-229 , Issued to Wright Smith dba/WD-42,LLC,6800 Wrightsville Avenue Suite 10,Wilmington,NC 28403 Authorizing development in New Hanover County at adj. Myrtle Grove Sound, 272 Shannon Drive. Wilmington , as requested in the permittee's letter dated 2/7/06, including the attached workplan drawing (1), dated 3/21/05. This permit, issued on March 29, 20(16 , 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) Unless altered herein, this modification authorizes only the land disturbing activities associated with the demolition of an existing three car garage and the development of a new 50 ft. x 32 ft. single family residence, all as expressly and specifically set forth in the attached letter and workplan drawing. Any additional land disturbing activities and/or construction shall require a modification of this permit. Note: This modification does not alleviate the permittee from the requirement that all aspects of this Y project comply with New Hanover County Zoning requirements. Should New Hanover County determine that this modification does not comply with local zoning requirements, this modification shall become null and void. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENvR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. {' date. An appeal requires resolution prior to work initiation or continuance as the case may be. 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 ,/ Charles S. Jones, Director hereunder requires further Division approval. Division of Coastal Management q PP All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2008 In issuing this permit, the State of North Carolina agrees �7// that your project is consistent with the North Carolina Coastal Management Program. ignature of Permittee a -��.�.rr�.�,,r. - - -.•.,�,�.,.,k.�, �. �- ,�.-�.:.-ram Wright Smith dba/WD-42, LLC Permit#162-05 Page 2 of 2 ADDITIONAL CONDITIONS 1K� ; r Sedimentation and Erosion Control NOTE: A revised Erosion and Sedimentation Control Plan may be required for this project. This plan shall be filed at least thirty (30) days prior to the beginning of any 1 rbing activity. Submit this plan to the Department of Environment and Natural Res Land Quality Section, 127 Cardinal Drive Extension,Wilmington, NC 28405 2) Appropriate sedimentation'and erosion control devices,measures or structures shall be implemented to h ensure that eroded materials do not enter adjacent wetlands, watercourses and property(e.g. silt fence, diversion swales or berms, etc.) Stormwater Management .3) The N.C. Division of Water Quality approved this modification under the stormwater management rules of the Environmental Management Commission by way of Stormwater Permit No. SW8050616 Modification on 3/21/06. Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit. General 4) This modification shall be attached to the original of Permit No. 162-05, which was issued on 10/26/06, and copies of all documents, including any subsequent refinements, shall be readily available on site when Division personnel inspect the project for compliance. 5) All conditions and stipulations of the active permit remain in force under this minor modification, unless altered herein. 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. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. 'F P V.}PY}p.}iE�`4N}07W-F A on AL NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary March 28, 2006 Wright Smith dba WD—42,LLC 6800 Wrightsville Avenue Suite 10 Wilmington,NC 28403 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. Please sign both the original (buff- colored form) and the Xerox stamped "Copy". 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. Please retain the original (buff-colored form),as it must be available on site when the project is inspected for compliance. 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 if another qualified party submits a valid objection to the issuance of this permit within twenty(20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. 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 require 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 is 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, Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-2808\ FAX: 252-247-33301 Internet; NN•:PN.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Permit # DCIvf Coordinator: MAILING DISTRIBUTION: (( �r� ,, 11 ��S v�' �, Ste;k 10, Permitee: �P��tit� SM; ��M 11n��''�`� LI-L� G W - ---..--- _�--___ 43 Agent: Iew� Li4l� ��� DCNf Field Offices: J Elizabeth City orehead Ci Washtn on ilmingto US Army Corps of ngineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Tim (I CDO Henry Wicker Others: Cultural Resources: Renee Gledhill-Early Environmental Health: Terry Pierce Marine Fisheries: Mike Street NCDOT: Ken Pace Shellfish Sanitation: Patty Fowler S Office: n ater uali C di Karoly(for non-DOT John Hennessy CDOT) Wildlife Resources: Maria Tripp Mme S+we,�VAkrf David Cos(NCDOT) Travis Wilson(NCDOT) LPO: FACING DISTRIBUTION: Permitee at 9/0 - 2,15(7 — G 26 Agent at DCNI Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilnngton(910/350-2004) US Army Corps of Engineers(USACE): Washington: Mike Bell(tiCDOT) Bill Biddlecome(NCDOT) Raleigh Bland(252/975-1399) Wilmington: Dave Timpy(NCDOT) Henry Wicker(910/251-4025) CAI�Lk Mayor Permit Process Manual Page 70 of 70 a ' AL �;� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary November 28, 2007 Mr. Wright Smith 6800 Wrightsville Ave ED Wilmington,NC 28403 OEC 4 Z0V Dear Mr. Smith: �` wrentia ty C)CM This is with reference to the request submitted by you to modify State Permit#162-05, which was issued on 10/26/05 and expires on 12/31/08 to Wright Smith dba/WD-42, LLC. The action proposed in your submittal consists of relocation of the 4' wide breezeway between 260 and 264 Shannon Dr., from the north side of the homes to the south end of the homes. Upon review of the proposed plat submittal, I, in conjunction with Doug Huggett with the Division of Coastal Management Permitting Section, have determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Permit #162- 05, as described in your transmittal letters and plans dated 10/30/07, which was received in our office on 10/31/07. This letter does not include any other permits that may be required from N.C. Division of Water Quality or New Hanover County Inspections Department. Sincerely, Steven H. Everhart PhD, District Manager cc: Doug Huggett, DCM 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964\Internet: http://www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper r � �• r . s r SMITH VIA PIROPERTIES, INC4 6800 Wrightsville Ave.,Suite 10 Wilmington,NC 28403 wrightsmithco@bizec.rr.com 910-256-2842 Fax 910-256-6526 10-30-07 Mr. Robb Mairs NCDENR Dear Mr. Mairs, We would like to relocate the breezeway between 260 & 264 Shannon Dr., from the North side of the homes (exhibit"A"), to the south end, as shown on exhibit`B". The impervious area will neither increase nor decrease. The landscaping will be more suitable for the breeze- way to be located as proposed. Please respond and let me know if you have any objections, or if my proposal will be acceptable. Thank you in advance for your help and consideration. Sincerely, Wnght Smith, Pr Smith PropertL�_ i-c tr G E i V DCM WILMINGTON, NC O C T 3 1 2007 MAR-23-2006 16:14 From: To:4 P.2/13 a�F wAr��Q Miahnal r luloy,Qovew('r �O G William G.RM Jr,Socrotar) _ 7 Norut Curolinu DOpurtmant of avitonmant and Natural Resouli;: > Alan W K11rr6c,P H DIME Division of Wator Quul;l r March 21, 2006 RL^. V-s y L—.Li Mr, Wright Smith Member/Manager t�CM ftiMICT©iU, NC W042, I.I.0 MAR 2 1 2006 6800 Wrightsville Avenue, Suite 10 Wilmington, NC 28403 Subject: Stormwater Permit No. SW8 050616 Modification Shannon Pointe Low Density Subdivision Permit New Hanover County Dear Mr Smith: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Shannon Pointe on January 30, 2006. Staff review of the plans and specifications has determined that the project, as proposed, will corn I with the Stormwater Regulations set forth in Title 1 SA NCAC 2H.1000. We are forwarding Permit No. SW8 060616 Modification, dated March 21 , 2006, for the construction of the subject project, This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained In this permit are unacceptable, you have the rl�ht to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this�ermit. This request must be in the form of a written petition, conforming to Chapter 508 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demand, are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Rhonda Hall or me at (910) 796-7215. Sincerely, Er��kd'�'eck Regional Supervisor Surface Water Protection Section ENB/rbh: S:\WQS\STORMWARPERMIT\050616Mod.marO6 cc: Michael Gallant, PE Tony Roberts, New Hanover County Building Inspections David Thomas, NCDOT Beth E, Wetherill, New Hanover County Engineering Division of Coastal Management Rhonda ball Wilmington Regional Office Central Files l��iltr a r North Curolinu 17ivisign o(Wutar Quality 127 Cardinal Driva rwen6iorl Wilmington,NC 2R405 Phona(910)796.?21 S Customer SCIVILL Wilmington Regional QfYica Int rric'. v�p�y.�yLy(A���k{y n[g Vax (910)�50-2004 1-977.621.670 An Equol OpponunityiOrmotivo Actlon Fmptoyer-60%RocyclodA0%pout Conaumar Papor MAR-23-2006 16: 14 From: To:4 P.3'13 State Stormwater Management Systems Permit No.SWB 050616 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Mr. Wright Smith & WD42, LLC Shannon Pointe New Hanover County FCR THE construction, operation and maintenance of a 26% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules' and the approved stormwater management plans and specifications, and 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 1, The site is limited to a maximum of 16,651.1 square feet of built-upon area, as indicated in the approved plans. CAMA regulatlons may reduce the allowable built-upon area for those lots within the AEC, 2. The overall tract built-upon area_percentage for the project must be maintained at 25% per the requirements of Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4, Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30' from the mean high water mark. Page 2 of 5 MAR-23-2006 16: 14 From: To:4 P.4/13 State Stormwater Management Systems Permit_No SW8 05061e Modlficaklon II, SCHEDULE OF COMPLIANCE 1. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their Intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to Include: a. Inspections b, Sediment removal. c. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e, Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan, 5. The Director may determine that other revisions to the project should require a modification to the permit. S. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No pi Ing shall be allowed except that minimum amount necessary to direct runoff beneath an Impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner, provided that the permittee complies with the requirements of Section 11.11 of this permit. Page 3 of 5 MAR-23-2006 16:14 From: To:4 P.5'13 State Stormwater Management Systems Permit No.SWS 050616 Modlfgait on 10, Within 30 days of completion of the project, the permittee must certify in wnting that the pro ect'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. 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure onggoin compliance with State Stormwater Management Permit Number SW6 090616 Modification, as issued by the Division of Water Quality under NCAC 2M.1000, b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit, c. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality, f. The maximum built-upon area is 16,651.1 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. In. Lots within CAMA's Area of Environmental Concern may have the permitted built-upon area reduced due to CAMA jurisdiction within the AEC. i, Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. j. All roof drains shall terminate at least 30' from the mean high water mark. 12, The permittee shall submit a copy of the recorded deed restrictions within 30 days of the date of recording. 13, If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built-upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 14. 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 pirector 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. 15, Stormwater conveyances will be located in either dedicated right-of-way (public or private, recorded common areas or recorded drainage easements. The final plats fort a project will be recorded showing all such required easements, in accordance with the approved plans Page 4 of 5 MAR-23-2006 16:15 From: To:4 P.6113 State Stormwater Management Systems Permit No SW8 050616 Modification III. GENERAL CONDITIONS 1. Failure to abide byy the conditions and limitations contained in this permit mayy subject the Permittee to an enforcement action by the Division of Water Clualityy, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated, 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. I 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. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary, A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on Its merits, and may or may not be approved, 6, The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request, Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of responsibility for transferring the permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have Jurisdiction, If any ofthose permits result in revisions to the plans, a permit modification must be submitted, 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 21°t day of March, 2006. NOR CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A- T •. fnr an ime , RE,, Director Division of Water Quality By Authority of the Environmental Management Commission Page 6 of 6 MAR-23-2006 16: 15 From: To:4 P.7'13 Date Received Fce Paid Pormit Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photoeopled(or use as an orfginai 1. GENERAL,INFORMATION I. Applicants name(specify the name of the corporation. Individual,etc who owns the project): WID_ .2 , L.L C 2. Print Owner/Signing OMclal's name and title (person legally responsible for facility and compliance): 3. Mailing Address for person listed in Item 2 above _lo�Gri l�Z1 rs y/c.4 city,_1r1/LN1W'6 74.t/ State�1C Zfp�_ Telephone Number: /D SG ,2f¢ 4. Project Name(subdivision, facility,or establishment name , should be consistent with project name on plans, specifications,letters,operation and maintenance agreements, etc)- o aIA) F 5. Location of Project (street address), City, County 'W 6. Directions to project(from nearest major intersection). 7. Latitude: A V,12 J& V Longitude' - 77- .32.$— of project a. Contact person who can answer questions about the project L.4.Q7- elephone Number,. IT. PERMIT INFORMATION., V Specify whether project Is (check one): —New Renewal _�ModIncatlon Form SWU•101 Version 3.99 Page I of 4 S MAR-23-2006 16:15 From: To:4 P.8/13 c it cats application is being submitted as the result o� f a renewal existing permit number or modification to an existing permil, list the cr ,�, ��� ,.,,. and its issue date (If known)�u�„Y /3, 3 Sped the type of project (check one) ."„1, Density High Density -Redevelop ,_,,..-_-,General Permit � Other 4. Additional Project Itequirements (check applicable blanks) _CAMA Major ,.,,_Sedimentation/CroSion Conit of .,.404/401 Permit ,_•_NppgSStormwater Information on required state permits can be obtained by contacting the Customer Service Centerat 1177.623.6748. III. PROJECT INFORMATION I In the space provided below, summarize how stormwiter will be treated Also attach a detailed narrative (one to two pages) describing stormwater management for the project Z, Stotrnwater runoff from this project drains to the River baste 3. Total Project Area: f- acres 4 Project Built Upon Area, .Z � 9 96 5. How many drainage areas does the project have , B. Complete the following Information for each drainage area If there are more than two drainage areas in the project,attach an additional sheet with the Information for each area provided in the same formal as below ;r+� �� ;, ►;.�. Itta�h Anea I rving Stream Name Dr�a'l age vet .Z�G 44.)W C Lu d.J �Deralnageceiving Stream Class SA Area Existing Impervious Area / D SOS , F Proposed Impervlous'Area 96 Im ervlous'Area (total) 27 :e age rea 1 rairn�� rea On•slte 9uildtngs 3(v r S ,0CJ'On site Parking 'o,,j.65 ,� /� �' scd FT. On site Sidewalks Other �,. S ,s' T, Orr-site r� d��� / 8 9 0 �2 / 5� . 9 S_, Total. �/ 9/O .�) X ,Fr Total 7( 7 JQ. Fl," lmpervicui area is det7ned as the built upon arch including, but not limited to buildings. roads,parking areas, aldawalks,gravel areas, etc Form SWU•101 Version 3,99 plice 2 of4 MAR-23-2006 16: 16 From: To:4 P.9/13 7 How was the oMsite Impervious area Ilsted above derived IV, DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following Italicized deed restrictions and protective covenants ore required to be recorded for all subdivisions,outparcels and future development prior to the sale of any lot !f lot sizes vary aignlficaruly,a table listing each lei num5er,size and the allowable built-upon area For each lot must be provided as an attachment I. The following covenants are intended to ensure ongoing compliance with stare stormwater management permit number changed or deleted without the consent of the Sta as rod by the Division of Water Quality These covenants maynor be 2. No more than square feet orany lot shall be covered by structures or impervious materials Impervious materials Include asphalt, gravel, ccocretr. brick. stone slate or similar material but do not Include wood decking or the watersurlace ofswlmming pools, 3 Swolesshall not be l)lled In, piped, or altered excepr as necessary to provide drivewoy crossings 4. Built-upon area In excess of the permitted amount requires a state stormwater management permit modincation prlor to constructlon, 5. All permitted runoffrom outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that major ns the inregrity and performance of the system as permitted. By your signature below,you certify that the recorded deed restrictions and protective covenants for this ro ect shall Include all the applicable items required above, that the covenants will be binding on all parties and persons clalming under them,that they will run with the land, that the required covenAnrs cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot V, SUPPLEMENT FORMS The applicable state stormwater management permit supplement forms) listed below must be submitted for each BMP spedned for this project. Contact tho Stormwater and General Permits Unit at (919) 733.50S3 (or the status and availability of these forms, Form SWU.102 Wet Detention Basin Supplement Farm SWU.103 Infiltration Basin Supplement Form SWu•104 Low Density Supplement Form SWU•105 Curb Outlet System Supplement Form SWU•108 Off•Slte Systern Supplement Form SWU�107 Underground infiltration Trench Supplement Form SWU•108 Neuse River Basin Supplement Form SWU.l09 Innovative Best Management Practice Supplement Form SWU-101 Version 3,59 Pnge 3 or MAR-23-2006 16:16 From: To:4 P.10/13 BASIN STREAM NAME ICWW RECEIVING STREAM CLASS SA DRAINAGE AREA 66842 SQ,FT, EXISTING IMPERVIOUS AREA 0 r .z1 PROPOSED IMPERVIOUS AREA 16517,8 SQ,FT, a % IMPERVIOUS AREA(TOTAL) 2410% a l cq 0/0 ON-SITE BUILDING 11744,2 SQ,FT, ON-SITE STREETS RIBBONS 873 5 SO-FT, ON-SITE PARKING PADS 3112,5 SQ,FT, ON-SITE SIDEWALKS 0 OTHER ON-SITE RETAINING WALL 787,4 SQ,FT, OFF SITE (FUTURE DEVELOPMENT) 133,5 $Q FT, TOTAL 18851A SQ,FT, MAR-23-2006 16: 16 From: To:4 P. 11/13 Permit No. (to be provMrd by DWO State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATI R MANACEMENT 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 21`1 ,1002(18). Low density requirements and density factors can be found in 1 SA NCAC 2 H .1005 through .1007. I. PROJECT INFORMATION Project Name � �NNO.t/ poi-u7' — Contact Person A7'VdA41- if Farce--u-�� Phone Number; Number of Lots: Z Allowable Built Upon Arca Per Lot*: *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, a. BULLT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: - SA Site Area-the total project area above Mean High Water, Wetlands may be excluded when the development results in high density (rockets, - D!~ Density Factor-the appropriate percent built upon area divided by 100. - RA Road Area-the total impervious surface occupied by roadways. • OA Other Area-the total area of impervious surfaces such as clubhouses, tennis courts,sidewalks, etc. No.Lots -the total number of lots in the subdivision. - 6UA/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, Form SWU.104 Rev 3,99 Pagc I of 2 MAR-23-2006 16: 16 From: To:4 P. 12/13 (S x DF)-RA-OA No.Lots Lot Calculation; �,�oFos6� /^,?p62 UI-014-.S' A2CA �oG, ��� o ,Sq•j7' , ��. 9 oQ EU. REQUIR. D ITEMS CHECIK.ILIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. if the applicant has dcsignatod an agent on the Starmwater Management Permit Application Form, the agent may initial below. Ap lice is initials a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to sale of any lots. c. Built upon area calculations are provided for the overall project and all lots. OJAIA d. project conforms to low density requirements within the ORW AEC(if applicable). C I SA NCAC 2H .1007(2)(b)) Form SWV-104 Rov 3.99 Page 2 of 2 MAR-23-2006 16:17 From: To:4 P.13/13 i VI, SVBMrrTAL 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, The complete application package should(D submitted to the appropriate DWQ Regional Office be 1. Please Indicate that you have provided the following required information by Initialing In the spaceprovidod next to each item, flea � • Original and one copy of the Stormwater Management Permit Application Form • One copy of the Applicable Supplement Forms) for each BMP • Permit application processing fee of S4zo (payable to NCOENR) Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including Development/Project name engineer and firm -Legend -North arrow •Scale Revision number&date •Mean high water line •Dimensioned property/project boundary I Location map with named streets or NCSR numbers j •Original contours, proposed contours,spot elevations, finished floor elevations •Details of roads,drainage features, collection systems, and stormwater control measures •Wetlands delineated, or a n-ore on plans(hot none exist •Existing drainage (including off•sitc), drainage easements, pipe sizes, runoff calculations Drainage areas delineated -Vegetated buffers (where required) VIh AGENT AUTHORIZATION If you wish todaslgnate authority to another individual or firm so that they may provide information on your behalf,pease complete this section. Designated agent(Individual or firm) i C,�A E• �} �- ��' �,q Mailing Address: / (, ZOX—4Q 2 c2 , . „• City: ScP,PX- CrirV State /VC zip; 12e Phono, ( g1,9 1 _ 38 2/� .,.,_. Fax ( 9/O VIQ. APPLICANT'S CERTIFICATION 1, (prtnf or type name of person listed/n General Information, Item 2) A,144 11: CAi97* certify that the Information included on this permit application form Is, to the best of my knowledge,correct and that the project will be constructed In conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NC AC 2H,1000. Slgnaturc: Form SWU•101 Version 3.99 Pnnc 4 o1'4 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug HuggettRIF go Permits Section FROM: Robb Mairs Field Repre entative, Wilmington M R R �Qt; THROUGH: Jim Gregson4w,-/ Wilmington District Manager Morel 1Oad CIty DoM DATE: March 20, 2006 SUBJECT: Permit Modification Request CAMA Major Permit No. 162-05 Wright Smith dba/WD-42 LLC, New Hanover County Mr. C Robert Stroud, Jr., acting agent for Wright Smith dba/WD-42 LLC, is requesting a modification of State Permit No. 162-05. State Permit No. 162-05 was originally issued to Wright Smith dba/WD-LLC on October 26, 2005 and is due to expire on December 31, 2008. Mr. Stroud is requesting that the permit be modified to allow for the demolition of the existing three car garage along with its' existing parking apron. This action would be followed by the construction of a new single family residential unit. The proposed dimensions for Pis structure are 50'x32'. This structure would be duplexed with one of the proposed residences authorized by State Permit No. 160- 5 located just east of the existing garage. These units would be joined by means of a pergola/walkway. The other two houses to be built on the east side of the property would also be considered a duplex and would also be joined by means of a . pergola/walkway. The project would ultimately be considered as consisting of two(2)duplexes and one(1) single family residence. The agent also states that in order to comply with the New Hanover County zoning requirements for a project of this nature, the applicant has recombined his adjacent properties in order to satisfy the square footage requirements of the R-15 classification. This recombination has resulted in a total developable area of approximately 83,917 sq. ft. Of this, approximately 18,023.7 sq. ft. would be impervious surface including building footprints plus driveways and parking pads. This would result in a 21.4% coverage of the project AEC. The agent states that New Hanover County Planning Department signed in approval of the plat and a modified storm water plan has been submitted to the N.C. Division of Water Quality on January 30, 2006 The applicant has submitted check(#5749) in the total amount of$100.00 for the modification request. This Office has no objection to the permit renewal and modification request for State Permit No. 162-05. Enclosures cc: Wilmington Files Henry Wicker, USACE Rhonda Hall, DWQ. 127 Cardinal Drive Extension,Wilmington,North Carolina 28405-3845 Phone:910-796-7215\Fax:910-350-2004\Internet:http://www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper AViA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr Secretary February 28, 2007 t :aL3� t�" Mr. Wright Smith 6800 Wrightsville Ave MAR 5 J; Wilmington,NC 28403 ���� Dear Mr. Smith: Morehead City DDM This is with reference to the request submitted by you and your agent, Mr. C Robert Stroud, to modify State Permit #162-05, which was issued on 10/26/05 and expires on 12/31/08 to Wright Smith dba/WD-42, LLC. The action proposed in your submittal consists of an extensive landscaping project for the residences authorized under State Permit# 162-05. The action proposed also includes the construction of an elevated platform 4' in width, which would run from the courtyard of 270 and 274 Shannon Drive (Units B and C of Shannon Pointe) to the community dock. As stated in your letter dated 2/28/07, the proposed landscaping would result in an additional decrease in impervious areas from the original stormwater plan for the project, and has eliminated the possibility of runoff into adjacent waters. Upon review of the proposed plat submittal, I, in conjunction with Doug Huggett with the Division of Coastal Management Permitting Section, have determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Permit #162- 05, as described in your transmittal letters and plans dated 2/12/07 and 2/28/07, which was received in our office on 2/13/07 and 2/28/07. Sincerely, O v J es H. r gson is ict Manager cc: oug Huggett, DCM Linda Lewis, DWQ 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964\Internet: http://www.nccoastaimanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper 02/28/2007 16:00 FAX 910 256 6526 WRIGHT SMITH CO. 11 002/002 SMITH Pff""ROPERTIES, INC. 6800 Wrightsville Ave.,Suite 10 Wilmington,NC 29403 vrtightsm ithco@bi zoc.tT.corn 910-256-2842 Fax 910.256-6526 February 28, 2007 Mr. Robb Mairs 127 Cardinal drive Extension Wilmington, NC 28405 Additional information for requested Letter of Refinement Shannon Pointe $D [Smith Properties, Inc.] - State Permit #162-05 Dear Mr. Mairs: This is with reference to your request for a more definitive statement regarding stormwater runoff from the Shannon Pointe project site as a result of the proposed landscaping. We are aware of the importance of controlling both the runoff and retention of natural rain water as well as irrigation water that the project site will experience. As now designed the proposed land- scaping will result in an additional decrease in impervious areas from the original storrnwater plan for the project. This proposed activity has eliminated the possibility of runoff into adjacent waters. In addition to this information, and for better clarification, the raised wooden walkway shown on the proposed landscape plan will be 4' in width, and will connect the courtyard between 270 & 274 Shannon Dr., and the waterside stairs for each of said homes, in addition to the approved Arbor; all of which will connect to the existing dock. This walkway will be constructed in a manner to allow water to "pass through", thereby, not altering our impervious coverage. Hopefully this information addresses all concerns regarding the landscaping_ If I can be of any other assistance in this matter please feel free to contact me, Sincerely, Wright Smith, res. Smith Properties, Inc. r—NVIKOINI`OKMATION `f815 Carolina E)eackRoad Wilmington,NC28+12 -mail:enviroin+mation@6ellsoutknet NAME. 91 a-799-+556 CELL 91 o-520-7272 February 7, 2006 Mr. Rob Mairs NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Mr. Mairs: My client, Mr. Wright Smith, has asked me to submit a request for a minor modification to State Per- mit #162-05 issued on October 26, 2005 and expiring on December 31, 2008. The permit was is- sued to Wright Smith dba/WD-42, LLC. The proposed new change in the existing project involves the demolition of the existing three car garage along with its'existing parking apron. This action will be followed by the construction of a new single family residential unit. The proposed dimensions for this structure are 50'x 32'. This structure will be duplexed with one of the proposed residences authorized by State permit #160-05 located just east of the existing garage. These units will be joined by means of a pergola/walkway. The two other houses to be built on the east side of the property will also be considered a duplex and will also be joined by means of a pergola walkway. The project will ultimately be considered as consisting of two(2) duplexes and one(1)single family residence. In order to comply with the New Hanover County zoning requirements for a project of this nature my client has recombined his adjacent properties in order to satisfy the square footage requirements of the R-15 classification. This recombination has resulted in a total developable area of approximately 83,917 s. f.. Of this, approximately 18,023.7 feet will be impervious surface including building foot- prints plus driveways and parking pads. This will result in a 21.4% coverage of the project AEC. The recombined property has been recorded on December 8, 2005 and can be found in Book 48, page 388. Dexter Hayes, Planning Director for New Hanover County, has signed in approval of the plat that I am submitting with this request. My client submitted a modified storm water plan via his engineer on January 30, 2006 to Ms. Rhonda Hall with the NC Division of Water Quality. We are waiting for that authorization to be approved. I am enclosing a check for $100.00 as the required fee for the minor modification. If there are questions concerning the above request or if I can be of any other assistance in this mat- ter, please advise. Sincere C Robert Stroud Jr Consultant Cc: Wright Smith DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS �r P.O.BOX 1890 WILMINGTON,NORTH CAROLINA28402-1890 IV IN REPLY REFER TO September 11, 2006 ED S 2 0 2006 Regulatory Division Action ID No. 200501141 and State Permit No. 162-05 M ©rstlead MY CCM Mr. Wright Smith Smith Properties 6800 Wrightsville Avenue, Suite 10 Wilmington NC 28403 Dear Mr. Smith: Please reference your request to modify your permit issued on October 25, 2005, which authorized a private docking facility and upland development located at 272 Shannon Drive, Wilmington North Carolina, New Hanover county and was last modified on March 28, 2006. The requested modification consists of changing the name of the permittee to Smith Properties from Wright Smith dba/WD-42, LLC. The proposal continues to be consistent with the provisions and objectives of general permit No. 197800056. The permit is hereby modified. It is understood that all other conditions of your permit remain applicable. If you have any questions or comments you may call me at (910) 251-4634. S'ncerely, Dave Timpy, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished(without enclosure): Chief; Source Data Uilt NOAA/National,Oceg Survey ATTN: Sharon Tear R/CS261 1315 East-West Hwy.;Rm. 7316 Silver Spring, MD 20910-3282 Doug Huggett ivision of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 30, 2006 pip �O W- ED Mr. Wright Smith S E P 6 - 2006 6800 Wrightsville Ave Wilmington,NC 28403 Morehead City DCM Dear Mr. Smith: This is with reference to the request submitted by your agent, Mr. C Robert Stroud, to modify State Permit #162-05, which was issued on 10/26/05 and expires on 12/31/08 toiWright Smith dba/WD-42, LLC. The action proposed in your submittal consists of closure of the authorized brick wall under a letter of refinement dated February 10, 2006. The agent has submitted documentation from their surveyor indicating that the impervious coverage of the modified project would be 23.8%. The agent also states the closure of the wall would eliminate the access to the unimproved road that has been of recent concern. Upon review of the proposed plat submittal, I, in conjunction with Doug Huggett with the Division of Coastal Management Permitting Section, have determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Permit #162- 05, as described in your transmittal letter and plans dated.7/10/06, which was received in our office on 7/10/06. Sincerely, J H. Gregson Dis ' t Manager cc: Doug Huggett, DCM Linda Lewis, DWQ 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964\Internet: http://www.coastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper 4815 CAROLINA BEACH ROAD WILMINGTON, NC 28412 ENVIROINFORMATION CONSULTING HOME 910 799-4536 !107 CELL 910 520-7272 EMAIL:ENVIROIN4MATION@BELLSOUTH.NET July 10, 2006 Mr Rob Mairs NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Subject: Application for Permit Transfer & Letter of Refinement for #162-05 Dear Mr. Mairs : I am submitting a request for the subjection behalf of my client Wright Smith. We are re- questing that the permit be transferred to Smith Properties, Inc from WD-42, LLC. We also request that a Letter of Refinement be Issued to allow for the closure of the brick wall as shown on the attached drawing dated July 10, 2006. In conjunction with that action we are submitting documentation from The Clark Group indicating that the impervious cover- age of the modified project is 23.8 %. The closing of the wall will eliminate the access to the unimproved road that has been of recent concern. My client does not own this road. I am enclosing a check from my client for $100.00 to cover the cost of the transfer. If there are other questions concerning the application or if I can be of additional assistance in this matter, please advise. Sincerely C Robert Stroud Jr Consultant REC;EIV ED TiECLARKGRoup Geo En vironmental Services Land/Hydrographic Surveys Forestry Services June 1, 2006 Wright Smith Construction Attention: Wright Smith 6800 Wrightsville Avenue Wilmington,North Carolina 28403 Subject: Driveway Impervious Calculation This letter is to certify that upon recalculation of the total impervious surface including the new driveway configuration for 260 Shannon Drive(Unit A), which increases the driveway strips from 1 foot in width to 2 ft, the actual impervious area is calculated to be 16,447 Sq/Ft, which is 23.8% of the total lot area. If you have any questions please feel free to contact me. Thanks .�s se��61rtt:ie�>j� , AL 4Davifloyd, cr,,�'� 40{{��� P.L.S L-3640 �yo��', SOG` RECEIVED DCM WILMINGTON, NC JUL 1 0 2006 Corporate:5000 Blue Clay Road Castle Hayne,NC 28429•Post Office Box 10136 Wilmington,NC 28404 (910)602-3900 Office•(910)602-3975 Facsimile Fayetteville: 155 Builders Boulevard Fayetteville,NC 28302.Post Office Box 607 Fayetteville,NC 28302 (910)426-0003 Office•(910)426-0009 Facsimile Whiteville: 711 North Madison Street,Whiteville,NC 28472•(910)642-0308 Office•(910)642-0309 Facsimile www.clarkgroup.us �K"mil A J g6 6g O OPEN PrVSEG\ I — G`CK O \ MM 2"pp Wq'eq hfQH re l a I lb /0.0. 5,I NOW Op popMEII.Y .Y 12-IOM � �` WMA5 P. WITH W: 3-783; f 6 818 22.5' S2.0 GECK �h o O GECK p I'BRICK WAIL � 5H^DAJaVPO�W1EWf"B�� •�i•:�'r;,!'i,J�1 �'0��[s(�.t71 I �'�Ik Q�'�•':: SHk•YVON p01NiE I,Nf„�„ 2.000 50Ff. ^ rtt y,r b 1•�� PRL' nDI.L�In� a r Z000 so:f �a G c,2y cV o ti-- W 9 L-�_ im 50.0' e `. ZVI ER x RECEIVE aGl5' VlNGTON, MP:39 GG•199 11 � 0 2006 " b e-_ T NOW Or;p I PATRICIA FAl'E , ° i PD: 267; p ! "RCP � 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S.Jones,Director William G. Ross Jr., Secretary Ya6 `\ t 4,. J' MEMORANDUM � � ,� , 1�', � TO: Doug Huggett A lJ'G 3 � 7 it Q DCM -Major Permits FROM: Robb Mairs � � QIty UCM DCM - Wilmington THRU: Jim Gregson DCM- Wilmington RE: Modification Request- CAMA Permit#162-05 WD-42, LLC New Hanover County DATE: August 23, 2006 Mr.C.Robert Stroud,consultant and agent for Wright Smith,is requesting a modification to Permit#162-05 to change the name of the permittee to Smith Properties. State Permit#162-05 was originally issued to Wright Smith dba/WD-42, LLC on October 26, 2005 for a private docking facility and upland development located at 272 Shannon Dr.,Wilmington,N.C.,New Hanover County and was last modified on March 28,2006.The permit is set to expire on December 31, 2008. The agent has submitted a check(ck. # 1073) in the amount of$100.00 for the name change request. This Office has no objection to the permit transfer request. Enclosures cc: WiRO files Doug Huggett Dave Timpy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-796-7215\Fax: 910-395-3964\Internet: http://www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper 4815 CAROLINA BEACH ROAD WILMINGTON,NC 28412 ENVIROINFORMATION CONSULTING HOME 910 799-4536 CELL 910 520-7272 EMAIL:ENVIROIN4MATION®BELLSOUTH.NET a July 10, 2006 Mr Rob Mairs NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Subject: Application for Permit Transfer & Letter of Refinement for #162-05 Dear Mr. Mairs : I am submitting a request for the subjection behalf of my client Wright Smith. We are re- questing that the permit be transferred to Smith Properties, Inc from WD-42, LLC. We also request that a Letter of Reflnement be issued to allow for the closure of the brick wall as shown on the attached drawing dated July 10, 2006. In conjunction with that action we are submitting documentation from The Clark Group indicating that the impervious cover- age of the modified project is 23.8 %. The closing of the wall will eliminate the access to the unimproved road that has been of recent concern. My client does not own this road. I am enclosing a check from my client for $100.00 to cover the cost of the transfer. If there are other questions concerning the application or if I can be of additional assistance in this matter, please advise. Sincerely R C Robert Stroud Jr Consultant AUG 3 0 2006 Morehead City DCM RECEIVED DCM WILMINGTON, NC JUL 1 0 2006 f , .. �. ". h r h �