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HomeMy WebLinkAbout64-05 Seacorr, LLCc/o Tim Rains Permit Class Permit Number NEW (Express Permit Program) 64-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ermlt for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Seacorr,LLC c/o Tim Raines,6234 Ingleside Drive,Wilmington,NC 28409 Authorizing development in New Hanover County at adj. to the Atlantic Ocean, at 519 Ft. Fisher Blvd. North, in Kure Beach,NC as requested in the permittee's application dated 03/08/05 (MP-1 &MP-3), including the attached workplan drawing dated 3/26/05 and the Ocean Hazard Notice dated 04/01/05. This permit,issued on May 6,2005 , 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. Subdivision Development 1) Unless specifically altered herein, this permit authorizes only the land disturbing activities associated with the construction and installation of utilities and stormwater infiltration basins for the Seawatch Subdivision, all as expressly and specifically set forth in the permit application and depicted on the attached workplan drawing. 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) 395-3900 prior to the commencement of any such activity for this determination. (See Attached Sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR 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 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 that your project is consistent with the North Carolina Coastal Signature of Permittee Management Program Seacorr, LLC Permit#64-05 Page 2 of 3 Additional Conditions 2) Prior to initiation of construction within the Ocean Hazard AEC, a representative of the Division of Coastal Management shall stake the limits of the 60-foot small structure development setback. Construction must begin within 60 days from these determinations. Failure to initiate construction within 60 days, or erosion of the shoreline by adverse weather conditions,will require these limits to be restaked by the Division. 3) This permit does not authorize any dune disturbance activity. 4) All construction shall comply with building requirements of the N.C. Building Code, and the local flood damage prevention ordinance as required by the National Flood Insurance Program. If any provision of the building code or a flood damage prevention ordinance is inconsistent with any AEC standards,the more restrictive provision shall apply. 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). Stormwater Management 5) The Division of Water Quality's approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW8990835, which was modified on 02/28/05. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control 6) Appropriate sedimentation and erosion control devices,measures or structures (e.g. silt fence, diversion swales or berms, sand fence, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands,watercourses and/or properties. 7) In order to protect water quality,runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 8) All structures authorized by this permit shall be relocated or dismantled when they become imminently threatened by changes in shoreline configuration. A structure(s) shall be relocated or dismantled within two (2)years of the time when it becomes imminently threatened, and in any case, upon its collapse or subsidence. However, if natural shoreline recovery or beach re-nourishment takes place within two (2) L9.) years of the time the structure becomes imminently threatened, so that the structure is no longer imminently threatened,then it need not be relocated or dismantled at that time. This condition shall not affect the permittee's right to seek authorization of temporary measures allowed under CRC Rules. In accordance with NCAC T15A:07H.0306(c),no public funds shall be utilized for the proposed project. This prohibition includes expenditures for construction and perpetual mainteance of all utilities. Costs incurred to maintain the authorized utilities shall be the responsibility of the permittee. Seacorr, LLC Permit#64-05 Page 3 of 3 Additional Conditions General NOTE: In accordance with 15A NCAC 7H.0308(a)(1)(B),no seawall or riprap revetments will be allowed in the future should any structure become threatened from erosion. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Seacorr, LLC C/o Tim Raines for Seawatch Subdivision 2. LOCATION OF PROJECT SITE: The project is located at 519 Ft. Fisher Blvd. North, adjacent to the Atlantic Ocean, in Kure Beach,New Hanover Co. Photo Index - 2000: 21-255 S, T 9-10 1995: 21-236 R, S 3-4 1978: 9-1093 I, J 15-16 State Plane Coordinates - X: 2332421 Y: 94865 GPS - V-032409A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 03/24/05 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 04/01/05 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town Of Kure Beach Land Classification From LUP - Developed (B) AEC(s) Involved: OH Water Dependent: No (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing None Planned: Municipal sewer (F) Type of Structures: Existing - Material testing site (includes temporary wooded platforms, utilities and chain-link fence) Planned - Utilities connection and stormwater infiltration basin (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (Open water) (C) Other - Highground 33,760 sq. ft. (or (including utilities and stormwater basin 0.78 acres) disturbance) disturbed (D) Total Area Disturbed: 33,760 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is proposing to install utilities(including water and sewer)and a stormwater infiltration basin, adjacent to Ft. Fisher Blvd.North. Mr:Raines Page Two 9. PROJECT DESCRIPTION Withers and Ravenel, Inc., on behalf of Seacorr, LLC, has requested that the attached application be processed under the Express Permit Review Pilot Program. The physical address of the project site is 519 Ft. Fisher Blvd. North, adjacent to the Atlantic Ocean, in Kure Beach,New Hanover Co. To find the property, take NC Hwy 421 south from Wilmington to Kure Beach. The project site will be located on the eastern and western sides of Ft. Fisher Blvd., approximately 0.4 miles south of the Carolina Beach/Kure Beach town line. The subject property is approximately 1.78 acres with roughly 319' of frontage along the Atlantic Ocean. The tract included eleven Lots that are split by Ft. Fisher Blvd. Six of the Lots are located along the eastern side of Ft. Fisher Blvd. and the remaining Lots are located along the western side. The property elevation ranges from approximately 4 to 11 feet above Mean High Water(MHW). The portion of the property located east of Ft. Fisher Blvd is currently used as a materials testing site. Numerous items including HVAC systems(both residential and industrial), gas grills,weather vanes, outdoor lights, and solar panels are exposed to the elements to test for corrosiveness. The items are located inside of an existing chain-link fence. A portion of the project site lies within the right-of-way of Ft. Fisher Blvd.North. The area within the right-of-way is generally flat but rises slightly in elevation as you move to the west. The entire tract contains very little vegetation. Lawn grasses and ornamental landscaping comprise the majority of vegetation located on the lots west of Ft. Fisher Blvd.North. The eastern side of Ft. Fisher Blvd. North is void of vegetation and is comprised of mostly beach sand(due to location and construction of testing site). The waters of the Atlantic Ocean are classified "SB"by the Division of Water Quality. The area is NOT designated as a Primary Nursery Area by the Division of Marine Fisheries. The long term average annual erosion rate for this area of Kure Beach is 2 feet/year. The 100 year storm recession line for this area is 300', creating a total Ocean Erodible Area AEC of 420'. PROPOSED PROJECT The applicant is proposing to install sub-surface utilities to service the five Lots located on the western side of Ft. Fisher Blvd. North, by connecting to the existing water and sewer mains, which run along the eastern side of Ft. Fisher Blvd.North. Additionally, the applicant is proposing to install a 15' x 300' stormwater infiltration basin along the eastern side of Ft. Fisher Blvd. North(eastern basin). Two other stormwater infiltration basins would be installed just outside of the 20' utility easement along the western side of Ft. Fisher Blvd. North, adjacent to Lots 116-118 and Lot 114 (western basin). The eastern basin would be approximately 24"deep and would be located just outside of the 10' right-of-way for the Town of Kure Beach. Three sewer lines would run from west to east beneath Ft.Fisher Blvd. North beginning at the intersection of the main line along the common property lines of Lots 114, 115 and 116 and 117 and 118. Additionally,three water lines would run from east to west from the main line,below Ft. Fisher Blvd.North,two located along the road in front of Lot 119 and the other located in front of Lot 121. 10. ANTICIPATED IMPACTS The initial construction would result in the disturbance of approximately 0.78 acres(33, 760 sq. ft.)of high ground. According to the Division of Water Quality, the applicant has received a modified State Stormwater Permit(permit no. SW8990835). Submitted by: Jason Dail Date: 4/4/2005 Office: Wilmington Recommendations for State Permit— Seacorr, LLC c/o Tim Raines for Seawatch It is recommended that a permit be issued subject to the following conditions: • In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. • Any violation of the Stormwater permit approved by the DWQ will be considered a violation of this CAMA permit. • Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). • A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes. NOTE: Thispermit 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) 395-3900 prior to the commencement of any such activity for this determination. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark '1 owe a� K�.<-•�. 1. APPLICANT c. Street address or seconday road number 9 � 5� . sti.Qr- �1�d. til a. Landowner: m � S d. Is proposed work within city limits or planning Name �e �.Go �' 1-- �- •C- • jurisdiction? X_Yes No Address e�z3`�" �Q ,5.a� , �, e. Name of body of water nearest project (e.g. river, City �1 m�n�,�o rl State�_ creek, sound, bay) 0 CR-c..r-1 Zip Z 409 Day Phone 91(3 -3b"? - 39ZZ. Fax 9 k o- ZS lI - 9(�'(0 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: ���-�' �I o�� Name ��� ����-1 �'��- a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier, and �.c�- �- IOc{- •excavation and/or filling activities. Address 107 �klS,y s -c City ��w�, State YA Zip n4-03 Day Phone 9io "Zslo-9Z77 b. Is the proposed activity maintenance of an existing project, new work, or both? ne;^i W c rk Fax C. Will the project be for public,private or commercial use? c. Project name (if any) Se&. az�� - _ Q4 Ch�9- z l3 d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE: Per"dt*Q be issued in name of Lou mer(s), andlor project. If more space is needed, please attach protect name. additional pages. \\ 11 2. LOCATION OF PROPOSED PROJECT _ a. County t\gyjo Q q-,� ✓� �v nJ xt�dosrns COASTAL N1AN C3LZi�'.c -T Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER �.J,1�t, s�s��•-� cn.�n a ;o✓� CHARACTERISTICS a. Size of entire tract 1 Bf7 cc-,- n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) S000 - 9000 S,�, wastewater, industrial/commercial effluent, 'wash down' and residential discharges.) c. Approximate elevation of tract above MHW or NWL ►I ,0 -}/- d. Soil type(s) and texture(s)``of tract 11 o. Describe existing drinking water supply source. U 9,- QAX -) �+. �C1 Sandi � � C� s.r 5�4 1 CU,�nn,c�c�0✓1 e. Vegetation on tract rove f. Man-made features now on tract n sy,Ak / 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (co suh ae local Land use plain) following items must be submitted: Conservation Transitional Developed Community • A SPY of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No (Anach zoning aonpliance crmf,cate, f applicable) • An accurate, dated work plat (including plan view and cross-sectional drawings)drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2' by II" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an Yes _X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? Yes X No Engineers regarding that agency's use of larger Coastal (marsh) Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be.sufficiently detailed to (Anad, documentation, if available) guide agency personnel unfamiliar with the area to the UJ Revised 03/95 COASTAL MANA ENT Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge,the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal approved Coastal Management Program and will be Management. Upon signing this form, the applicant further certifies that such notice has been provided. conducted in a manner consistent with such program. Name Coh4-,-%�- L.Gn..,.1on eve- I certify that I am authorized to grant, and do in fact, Address ckz�z &-,--V)aA Or. rNu•.�:-� _�1� grant permission to representatives of state and federal Phone (1.64)4S3- 4(.3? LS o++ review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name El,i M. bw�,- e- permit application and follow-up monitoring of the Address 1530 Quen-•-►�.Q" ,A1 2 , C�r.��o a project. Phone (?oLO In - tZy-S ZbZ07 I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone 2005 , • A list of previous state or federal permits issued for This is the 31'�L day of to r ISL. work on the project tract. Include permit numbers, Print Name wl L(-/,t-rti )'�4/^/cf permittee, and issuing dates. Signature x Landowner or Authorized Agent Sv)Q, °)90'�35 • A check for$250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources prof. (DEHNR) to cover the costs of processing the _ DCM MP-2 Excavation and Fill Information application. .� ACM MP-3 Upland Development • A signed AEC hazard notice for projects in — DCM MP-4 Structures Information — DCM MP-5 Bridges and Culverts oceanfront and inlet areas. — DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina �r 7`"`? nH Environmental Policy Act. Revised 03/% COAS fAL SVIHNAG-- VIENT Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? X _ Yes No a. Type and number of buildings, facilities, units or If yes, date subwAtted $e,,.,nLA n z8/0.5 structures proposed Qti i. Describe proposed method of sewage disposal. b. Number of lots or parcels j. Have the facilities described in Item i. above c. Density (give the number of residential units and the received state or local approval? units per acre) S.C) (Attach appropriate documentation) k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, including roads, ditches, etc. sanitary wastewater, industrial/commercial effluent, 33 - 7V) sS-. / o.?b "wash down" and residential dischar es). An e. If the proposed project will disturb more than one �� �n�� � 1Zb� b�•s��S 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. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.) control plan been submitted to the Division of Land QVLI;C� Sv Svc Co -Nei e,CA.'bil Resources? Yes No If yes, date submitted I in. Will water be impounded? Yes X No If yes, how many acres? f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when was the lot(s) platted and recorded? M 3b/ 19j Se.c,w cac1 _ g. Give the percentage of the tract within 75 feet of Applicant or Project Name MHW or NWL, or within 575 feet in the case of an X �G�—G� ✓C/ Outstanding Resource Water, to be covered by Signature 03 Jo8 J o5 r-�1 Impervious and/or built-upon surfaces such as "" � "`' ""s"7` d pavement, buildings, rooftops, or to be used for Date 'v �:� TT vehicular driveways or parking. �! Revised 03/95 t�•�,� �,,,,,� COASTAL i'vIANAGEMENT PLAT FOR ANNEXATION OF LOCATION MAP aMK 041A RAWe 112 brain rAxaMr orm W LoQue Center Property W'W � :.,u :_:;� a5:,a W. /; KURE BEACH TOWNSHIP,NEW HANOVER COUNTY,NORM CAROLINA _ rF�rra 5ZEEo, DATE. FEBRUARY 1999 _-__ KURE VILLAGE -- / 10iM»,.., �— 'e'7FBerRIAr"srt vicar-WAY ----�---- l •`^� f / � n I / w."rei_«"rts,�mr•."n•v»Ar. i i a�K / �rta ro..rtmm.e TRACT C" TRACT "D„ e T � '4 /. • R d�J �.�..rr Rm�.����e M A r m-n H � ` = �` rAYKirr�,' `/ / f ' mrmurt a awsr wv amr�nw I r,-7 w T4.u• / 11' � r / `./ " c»Mw .spar ncMeu�r�ir s rr.wawn acw � 1 rZl >w re w ezr. IfQ /\ «,,,swn»A.,.w«o n»�a V..o'uam n'eaw Me l/ ��mr ,w . wov � \\ ... :.a / fir,/ ° o / 1 f � ��rt t✓.td..�i.Q=_mwa- aAl Z.as nR ar, \ LSPOTTERS COURT a �/a4 k---- �r.�.�i�L_�•t_�_•- �,`���`;�f,� l � / � +N»3d,77ti�.rrrM mun ow'.r:...m, w roe " mr w.'vwnM'.'.cr.'x i.n° 0aror..Krr..m w rwe o un a a uw•w. ra Aem.m / / rar.w // ————T" /;. , l ! • xA�e ni.[rr a:'-'oo-a Y arw `/� v 000 l HANOVER DESIGN SERVICES, P.A. mnOYep1O«� ram." ,i AU MAYL4vk 3f ,T�/g g,g'I� �•/ U � L L J L 4J Qo Kure Village WaY .Q `0o Q O 2 a 3 Q 'atch WQ s Y cn � o L 0 a �o Atlantic o to Site Ocean Spotters Ct. Kure Dunes Lane Vicinity y Nap � Town of Kure Beach � o� F 1;i� New Hanover County North Carolina G AUTHORITY FOR APPOINTMENT OF AGENT The undersigned owner(s), Seacorr, L.L.C. , do(es) hereby appoint Cindee Wolf/Withers & Ravenel as his, her, or it's exclusive agent for the purpose of petitioning the North Carolina Department of Environment& Natural Resouces — CAMA Division, for a CAMA Major Permit for the property located at 519 Fort Fisher Boulevard, Kure Beach, North Carolina. This agency agreement shall continue in effect until final disposition of the permit submitted in conjunction with this appointment. Date: Agent's Name, Address & Telephone: Signature of Owner(s): Cindee Wolf/ Withers & Ravenel LJ ��ti 107 Stoldey Drive, Suite 104 Wilmington, NC 28403 Tel. (910) 256-9277 A PS�P 00 Seawatch at Kure Beach — Phase 2B Town of Kure Beach / New Hanover County/ North Carolina Project Narrative for CAMA Major Permit This project is proposed on two (2) tracts of land bordering Fort Fisher Boulevard (U.S. Hwy. 421), a 60' public right-of-way, between Seawatch Way and Spotters Court. The tracts are currently used for industrial corrosion testing, and are covered with a gravel surface. The proposal is to subdivide the tracts into fifty-foot (50') wide residential parcels for future individual homes. Minor CAMA permits will be applied for as each home is permitted for construction. The current request is for installation of the water & sewer service connections to the existing mains within the Fort Fisher Boulevard right-of-way, and of three (3) infiltration basins for stormwater management of the future impervious surfaces. The design for the basins has been approved and permitted by the Division of Water Quality as a High Density Subdivision Stormwater Project, Permit No. SW8 990835 Modification. The project is expected to take approximately one (1) week to complete. v � � Qt GO DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Seacorr, LLC C/o Tim Raines for Seawatch Subdivision County: New Hanover LOCATION OF PROJECT: 519 Ft. Fisher Blvd.North, adjacent to the Atlantic Ocean, in Kure Beach r_—n P� —r-A'N DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 1 2005 77 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No ��U CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes ?9APR 1 1 2005 FIELD REPRESENTATIVE: Jason Dail DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: Morehead City DOM B) DATE APPLICATION RECEIVED IN RALEIGH: /fi,5 FEE REC'D:$ Z,000. ca PUBLIC NOTICE REC'D: 0�10710.5 END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: )�Ql L ON: l� C) 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History Division of Environmental Health Division of Highways Wildlife Resources Commission Division.of Water Resources Division of Marine Fisheries Submerged Lands(DMF) 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 Express Permit April 4, 2005 MEMORANDUM: *91 DCM ` ,�7 l !✓z5 TO: Renee Gledhill-Early L'fES2WAPON NC Dept. of Cultural Resources Archives&History FROM: Jason Dail Express Permitting Coordinator SUBJECT: CAMAIDREDGE&FILL Permit Application Review Applicant: Seacorr, LLC c/o Tim Raines for Seawatch Subdivision Project Location: 519 Ft. Fischer Blvd.North, adjacent to the Atlantic Ocean, in Kure 13each,`N°ew Hanover County. Proposed Project: The applicant proposes to install utilities (including water and sewer) and a stormwater infiltration basin, adjacent to Ft. Fisher Blvd.North. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 27, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at(910) 395-3900. 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 K % DATE 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper APR 0 6 � r5 p ECMVE �. IVA APR 1 8 2005 NrnENR North Carolina Department of Environment and Natural Re -HABITAT PROTECTION Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Express Permit April 4, 2005 MEMORANDUM: Morehead City D(Avj TO: Fritz Rohde For Preston P. Pate,Jr., Director Division of Marine Fisheries , FROM: Jason Dail JUN 92005 Express Permitting Coordinator Morehead SUBJECT: CAMA/DREDGE&FILL Permit Application Review CI ty D(iM Applicant: Seacorr, LLC c/o Tim Raines for Seawatch Subdivision Project Location: 519 Ft. Fischer Blvd.North, adjacent to the Atlantic Ocean, in Kure Beach,New Hanover County. Proposed Project: The applicant proposes to install utilities (including water and sewer) and a stormwater infiltration basin, adjacent to Ft. Fisher Blvd.North. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 27, 2005. If you have any questions regarding the proposed project,please contact Jason Dail at(910) 395-3900. 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 V)/0 S 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources w Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary co Express Permit +*- April 4, 2005 10 MEMORANDUM: Cr IV— TO: Ken Pace NCDOT MAY 1 0 2005 State Construction/Materials Branch pIV.OFF Mng FROM: Jason Dail ` Express Permitting Coordinator MAY 1 1 2005 SUBJECT: CAMA/DREDGE &FILL Permit Application Revie `'Morehead City L)CIM Applicant: Seacorr,LLC c/o Tim Raines for Seawatch Subdivision Project Location: 519 Ft. Fischer Blvd. North, adjacent to the Atlantic Ocean, in Kure Beach,New Hanover County. Proposed Project: The applicant proposes to install utilities (including water and sewer) and a stormwater infiltration basin, adjacent to Ft. Fisher Blvd. North. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 27, 2005. If you have any questions regarding the proposed project,please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. lit AII Tn4 owt "Croq REPLY: LX' This agency has no objection to.the project as proposed. f 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 �Ou1/l�a E , DATE s 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanaoement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper 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 Express Permit !) 2005 4pri14, 2005 Merehead City pCM MEMORANDUM: .00 TO: Linda Lewis or APR j.1 ZppS Joanne Steenhuis CO �DiVISION Division of Water Quality gSTgl. MgNq��WN FROM: Jason Dail Express Permitting Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Seacorr, LLC c/o Tim Raines for Seawatch Subdivision Project Location: 519 Ft. Fischer Blvd. North, adjacent to the Atlantic Ocean, in Kure Beach,New Hanover County. Proposed Project: The applicant proposes to install utilities (including water and sewer) and a stormwater infiltration basin, adjacent to Ft. Fisher Blvd. North. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 27, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. il REPLY: This agency has no objection to the project as proposed. s, ��d�3 �� � uej Z-ZF-()5 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. /I SIGNED �� � DATE 4- &—o 5 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper .* . e 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 Express Permit April 4, 2005 MEMORANDUM: A TO: Linda Lewis or APR0 5 2005 Joanne Steenhuis By; Division of Water Quality FROM: Jason Dail Express Permitting Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Seacorr, LLC c/o Tim Raines for Seawatch Subdivision Project Location: 519 Ft. Fischer Blvd. North, adjacent to the Atlantic Ocean, in Kure Beach, New Hanover County. Proposed Project: The applicant proposes to install utilities (including water and sewer) and a stormwater infiltration basin, adjacent to Ft. Fisher Blvd. North. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 27, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. C&MF-11 f?4776W rZ D_Lt tr6T rd/2 This agency has no comment on the proposed project. /OJ�V �r is ro meo This agency approves of the project only if the recommended cha$ges are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED (3 ,X - DATE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%a Post Consumer Paper EXPRESS PERMITTING The attached application is being processed through the DENR Express Permitting Program. As such, failure to respond to the Wilmington Regional Office by the listed due-date will be construed as a no comment. The Express Permitting Program does not allow for extensions during the comment period. Ivorin-cawna-uepartment of Environment and Natural Resources Division of Coastal Management JUN 9 2005 Michael F. Easley, Governor Charles S. Jones, Director willia ss Jr., Secretary �, Express Permit ,..� city r April 4, 2005 C F,4 V Del MEMORANDUM: APR 2 9 2005 DIVi�,ION OF r", n TO: Dan SamASTAI�sj✓JANAGEMENT a r For James 3ammo �'� �' Division of Land Resources ' ..:�' APR Y 2005 FROM: Jason Dail �nr@dye Express Permitting Coordinator ad QtY DCA1 SUBJECT: CAMA/DREDGE &FILL Permit Application Review Applicant: Seacorr, LLC c/o Tim Raines for Seawatch Subdivision Project Location: 519 Ft. Fischer Blvd. North, adjacent to the Atlantic Ocean, in Kure Beach, New Hanover County. Proposed Project: The applicant proposes to install utilities (including water and sewer) and a stormwater infiltration basin, adjacent to Ft. Fisher Blvd. North. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 27, 2005. If you have any questions regarding the proposed project, please contact Jason Dail at (910) 395-3900. 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 (4--CrLW• -)21 Q�t,__, DATE 4 5--D5 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper 4 1 �w N��ENR 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 Express Permit April 4, 2005 MEMORANDUM: TO: Dan Sams APR For James Simmons S Division of Land Resources ©'��S'T��V�S/ C 4f.,q OF FROM: Jason Dail Express Permitting Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review JuN 9 2005 Applicant: Seacorr, LLC c/o Tim Raines for Seawatch Subdivision Moreheacf City DCM Project Location: 519 Ft. Fischer Blvd. North, adjacent to the Atlantic Ocean, in Kure Beach,New Hanover County. Proposed Project: The applicant proposes to install utilities (including water and sewer) and a stormwater infiltration basin, adjacent to Ft. Fisher Blvd. North. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 27, 2005. If you have any questions regarding the proposed project,please contact Jason Dail at(910) 395-3900. 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. SIGNEDi �. � DATE 4 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper . t 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 Express Permit 9 206: April 4, 2005 o, etild bbm MEMORANDUM: TO: Joe Henderson AFR - i Lj 05 NC Dept. of Administration State Property Office FROM: Jason Dail Express Permitting Coordinator ct, 'r SUBJECT: CAMA/DREDGE &FILL Permit Application Review APR 12 2005 Applicant: Seacorr, LLC c/04il0 oftaines for Seawatch Subdivisi f 0rehead City E)cM Project Location: 519 Ft. Fischer Blvd. North, adjacent to the Atlantic Ocean, in Kure Beach,New Hanover County. Proposed Project: The applicant proposes to install utilities (including water and sewer) and a stormwater infiltration basin, adjacent to Ft. Fisher Blvd.North. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 27, 2005. If you have any questions regarding the proposed project,please contact Jason Dail at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested. / :Ag REPLY: ✓ This agency has no objection to the project as proposed. 5001 0 9 dd d This agency has no comment on the proposed project. [CC12AI& ) 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 CJ)ATE 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS Transmittal April 3, 2005 To: Jason Dail N.C. Dept. Of Environment & Natural Resources — CAMA Division From: Cindee Wolf Re: Seawatch at Kure Beach — Phase 2 B Attached are the other two (2) verifications that notice was delivered to the adjacent property owners. Please do not hesitate to give me a call if you have any questions or need additional information. Thanks! ECEIVE APR A 4 2005 caw Krv� � ►,��d► TT APR 0 4 2005 DIVISION OF COASTAL MANAGEMENT 107 Stokley Drive,Suite 104 Wilmington,North Carolina 28403 Tel:9io.256.9277 Fax:9io.256.258q www.withersravenei.com Michael F. Easley, Governor T �0 W A TF9 p O G William G. Ross, Jr., Secretary 7 North Carolina Department of Environment and Natural Resources Alan V.r. Klii Ck, P.E. DirCCtor `ram' Division of Water Quality February 28, 2005 Mr. James Vatrt, President v Seawatch Homeowners Association D 101 Seawatch Way MAR 2 2005 Kure Beach, NC 28449 Subject: Permit No. SW8 990835 Modification Seawatch at Kure Beach High Density Subdivision Stormwater Project New Hanover County Dear Mr. Vatrt: The Wilmington Regional Office received a complete modified Stormwater Management Permit Application for Seawatch at Kure Beach on February 24, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 990835 Modification, dated February 28, 2005, for the construction of the project, Seawatch at Kure Beach. This permit shall be effective from the date of issuance until February 28, 2015, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, Edward Beck Acting Regional Supervisor Surface Water Protection Section ENB/arl: S:\WQS\STORMWA1-\PERMIT\990835MOD.feb05 cc: Mark Hargrove, P.E., Withers & Ravenel Tony Roberts, New Hanover County Inspections Division of Coastal Management Linda Lewis Wilmington Regional Office �Q Central Files oN A omk el "I QVII North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)395-3900 Customer Servi ea. ! 6�1E Wilmington Regional Office Wilmington,NC 28405-3845 FAX (919)733-2496 Internet: e..nc.us One NorthCarolina An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Natumllry State Stormwater Management Systems Permit No. SW8 990835 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY Ft�_rr�l � ',7 P � � � tt It E STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT _Jrt_aG rovisions 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 Seawatch Homeowners Association Seawatch at Kure Beach New Hanover County FOR THE construction, operation and maintenance of a wet detention pond and 4 infiltration trenches 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 other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until February 28, 2015 and shall be subject to the following specified conditions and limitations.. I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Sections 1.5 and 1.6 of this permit. The subdivision is permitted for 123 loth. Lots 1-22, 24-114 and 116-124, are each allowed a maximum of 3,000 ft of built-upon area; Lot 115 is allowed a maximum of 3,268 ft . Lot 23 is eliminated to allow for the construction of Sea Horse Place. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 2 of 10 State Stormwater Management Systems Permit No. SW8 990835 Modification 5. The following design criteria have been provided in the wet detention pond and must be maintained in the system at all times: a. Drainage Area, acres: 21.24 Onsite: 925,075 Offsite: 0 b. Total Built-upon Area, ft2: 404,027 100 Lots at 3,000 ft2: 300,000 Roads/Parking, ft2: 89,010 Other, ft2. 15,017 Offsite, ft': 0 C. Design Storm: 1" d. Pond Depth, feet: 7.0 e. TSS removal efficiency: 90% (no filter is required) f. Permanent Pool Elevation, FMSL: 8.5 g. Permanent Pool Surface Area, ft2: 15,670 h. Permitted Storage Volume, ft3: 43,249 i. Temporary Storage Elevation, FMSL: 10.95 j. Controlling Orifice: 2.5"� k. Permitted Forebay Volume, ft3: 15,839 I. Maximum Fountain Horsepower: 1/3 M. Receiving Stream / River Basin: Atlantic Ocean / Cape Fear n. Stream Index Number: CFR 99-3 o. Classification of Water Body: "SB" o� 1 �S o PQ� OF �N� PG,EM O Page 3 of 10 State Stormwater Management Systems. Permit No. SW8 990835 Modification 6. The following design criteria have been provided in the infiltration trenches, and must be maintained at design condition: Trench # 1A 1113 2A 213 a. Drainage Area, acres: 2.56 0.70 0.42 0.17 Onsite: 111,514 30,400 18,253 7,539 Offsite: 0 0 0 0 b. Total Built-upon Areq, ft2: 36,000 18,000 10,638 4,638 Lots at 3,000 ft : 36,000 18,000 10,638 4,638 Roads/Parking, ft2: 0 0 0 0 Other, ft2. 0 0 0 0 Offsite, ft : 0 0 0 0 c. Design Storm: 1" 2" 2" 2" d. Trench Dimensions, ft: 580 x 10 300 x 15 127.5 x 5 103 x 5 -- --- 178.5 x 7 40 x 7 (LxWxH) Note: all trenches are 2' high. e. Pipe diameter/length, in/ft: 12/580 12/300 12/254 12/206 8/464 8/240 12/348 12/80 f. Trench Bottom Elev., FMSL: 10.0 10.0 10.0 10.0 g. Provided Storage Volume, ft': 4,640 3,600 1,793 771 h. Bypass Elevation, FMSL: 12.0 12.0 12.0 12.0 i. Type of Soil: Kureb Sand j. SHWT Elevation, FMSL: 8.0 8.0 8.0 8.0 k. Expected Infiltration Rate: 8 in/hr 8 in/hr 8 in/hr 8 in/hr I. Time to draw down, days: <1 <1 <1 <1 II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built-upon area for the entire lot, including driveways and sidewalks, 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. 3. If an Architectural Review Committee (ARC) is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built-upon area. Any approvals given by the ARC do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. Page 4 of 10 State Stormwater Management Systems Permit No. SW8 990835 Modification 5. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 6. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 7. The Director may determine that other revisions to the project should require a modification to the permit. 8. 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. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 11. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain draws its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is basedT6 permanent pool volume. The maximum pump power f s PP and is 1/3 horse ower. 012 12. Permanent seeding requirements for the stormwater control m t Ilo��tRe guidelines established in the North Carolina Erosion and Sedim ontrc 11S�ON E OF MENT Planning and Design Manual U M�,t`►P►G' Page 5 of 10 CO p,gTP` State Stormwater Management Systems Permit No. SW8 990835 Modification 13. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. Prior to the sale of any lot, deed restrictions must be recorded, which limit the built-upon area per lot to the amount shown in Section I, Part 2. The recorded statements must follow the form: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 990835 Modification, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built-upon area per lot for Lots 1-22, 24-114 and 116-124 is 3,000 square feet; Lot 115 is limited to a maximum of 3,268 ft2. The allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built-upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the system or street, as required, grading the lot to drain toward the system or street, or grading perimeter swales and directing them into the system or street. Lots that naturally drain into the system are not required to provide these additional measures. Page 6 of 10 State Stormwater Management Systems Permit No. SW8 990835 Modification 16. Prior to transfer of the permit, the stormwater facilities must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must bear the signature of the Permittee, the deed book number and page, and stamp/signature of the Register of Deeds. 18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, including as may be required, but not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The 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. 7. Permittee grants permission to staff of the DWQ to access the tl� . P T� e purposes of inspecting the stormwater facilities during normal bu ss hogs, 8. The permittee shall notify the Division of any name, ownership or ing D N of- address changes within 30 days. �VI M�Q MENT Cop,ST NAM. A Page 7 of 10 State Stormwater Management Systems Permit No. SW8 990835 Modification 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 28th day of February 2005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director ,rl Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 990835 Modification Page 8 of 10 State Stormwater Management Systems Permit No. SW8 990835 Modification Seawatch at Kure Beach Page 1 of 2 Stormwater Permit No. SW8 990835 Modification New Hanover County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date piVlM►,NA FMENT CC pSTAL Page 9 of 10 State Stormwater Management Systems, Permit No. SW8 990835 Modification Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet/bypass structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short- circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 14. The dimensions of the system, as shown on the approved plan, are provided. cc: NCDENR-DWQ Regional Office New Hanover County Building Inspections Y Page 10 of 10 OFFICE USE ONLY Date Received Fee Paid Permit Number State of North Carolina Department of Environmental and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name(specify the name of the corporation, individual, etc. who owns the project): Seawatch Home Owners Association 2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance): James Vatrt, President 3. Mailing Address for person listed in Item 2 above: 101 Seawatch Way City: Kure Beach State: NC Zip: 28449 Telephone Number: ( 910) 256-2271 4. Project Name(subdivision, facility, or establishment name—should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Seawatch Expansion 5. Location of Project(street address): US HWY 421 S City: Kure Beach County: New Hanover 6. Directions to project(from nearest major intersection): Approximately 3,000 If north from intersection of US HWY 421 and SR 1573 7. Latitude: No 34 00' 30" Longitude: W° 77 54' 00" of project. 8. Contact person who can answer questions about the project:: Name: Mark N. Hargrove, PE Telephone Number: (910)256-9277 II. PERMIT INFORMATION: To E C E IV E nn 1. Specify whether project is (check one): New Renewal } ''`MdAfi�ca ion 20 ►IVISION OF Form SWU-101 Version 3.99 Page 1 of COASTAL MANAGEMENT 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number SW8 990835 and its issue date(if known) 12/02/99 3. Specify the type of project (check one)' Low Density X High Density Redevelop General Permit Other 4. Additional Project Requirements(check applicable blanks): X CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748 III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages)describing stormwater management for the project. Infiltration system 2. Stormwater runoff from this project drains to the Cape Fear River Basin. 3. Total Project Area: 25.67 acres. 4. Project Built Upon Area: 39.1 %. 5. How many drainage areas does the project have? 4 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project,attach and additional sheet with the information for each area provided in the same format as below. (Pond) (Trench 1) (Trench 2a) (Trench 2b) Basin Information Drainage Area 1 Drainage Area 2 Drainage Area 3 Drainage Area 4 Receiving Stream Atlantic Ocean Atlantic Ocean Atlantic Ocean Atlantic Ocean Name Receiving Stream SB SB SB SB Class Drainage Area 21.24 ac 0.70 ac 18,253 sf or 0.42 ac 7,539 sf or 0.17 ac Existing -0- hn ious•Area Proposed Impervious' 9.28 ac 0.41 ac 10,638 sf or 0.24 ac 4,638 sf or 0.11 ac Area %Impervious'Area 43.67% 59.2% 58.8% 61.5% Total Impervious*Surface Drainage Area 1 Drainage Area 2 Drainage Area 3 Drainage Area 4 Area On-Site Buildings& 300,000 sf 18,000 sf 10,638 sf 4,638 SF Driveways On-Site Streets 89,010 sf - - - On-Site Parking - - - On-Site Sidewalks 8,647 sf - - - Other On-Site 6,370 sf - - - clubhouse, of Off-Site Total: 404,027 sf Total: 18,000 sf Total: 10,638 sf Total: 4,638 sf Form SWU-101 Version 3.99 Page 2 of 4 *Impervious area is defined as the built upon area including, but not limited to, buildings, roads,parking areas, sidewalks, gravel areas, etc. 7. How was the off-site impervious area listed above derived? IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, out parcels, and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size, and the allowable built-upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than (see below) square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but not include wood decking or the water surface of swimming pools. (3,000 sf for lots 114, 116, 117& 118 and 3,276 sf for lot 115-existing house built in 1999) 3. Swales shall not be filled in,piped, or altered except as necessary to provide driveway crossings. 4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from the 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 maintains the integrity and performance of the system as permitted. By your signature below,you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above,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 State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at(919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement -q Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off-Site System Supplement 1 Z + Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement \ \ PIr Form SWU-109 Innovative Best Management Practice Supplement Q MAN GOA��A�. Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality(DWQ). A CVittpiGte package IilciuucS all Of the itcrns iiStau beivw. iiC GGaiipiCtc application package$hvuld be sab...ttted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Iliti s • Original and one copy of the Stormwater Management Permit Application Form fN • One copy of the applicable Supplement Form(s) for each BMP Al u • Permit application processing fee of$42#-(payable to NCDENR)(yoo o /n • Detailed narrative description of stormwater treatment/management M'V// • Two copies of plans and specifications, including: wt VhL -Development/Project name - Engineer and firm - Legend -North arrow - Scale - Revision number&date -Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers -Original contours,proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems,and stormwater control measures -Wetlands delineated,or a note on plans that none exist -Existing drainage(including off-site), drainage easements,pipe sizes, runoff calculations -Drainage areas delineated -Vegetated buffers (where required) VI1. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf,please complete this section. Designated agent(individual or firm): Withers &Ravenel, Inc. Mailing Address: 107 Stokley Drive, Suite 104 City Wilmington State: NC Zip: 28403 Phone: (910) 256-9277 Fax: (910)256-2584 VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, Item 2) James Vatrt 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 cove is will be re orded, rtd that the proposed project complies with the requirements of 15A NCAC 2H.10 i Signature: o Date: >� Form SWU-101 Version 3.99 Page 4 of 4 Permit No. SW8 990835 /lk_l D (to be provided by DWO State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a wet detention basin supplement for each basin, design calculations, plans and specifications showing all basin and outlet structure details, and a signed and notarized operation and maintenance agreement. I. PROJECT INFORMATION (please complete the following information): Project Name: Seawatch Expansion Contact Person: Phillip Tripp Phone Number: (910 ) 763-5100 For projects with multiple basins, specify which basin this worksheet applies to: 1 elevations Basin Bottom Elevation 1.5 ft. (floor of the basin) Permanent Pool Elevation 8.5 ft. (elevation of the orifice) Temporary Pool Elevation 10.95 ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 15 670 sq.ft. (water surface area at the orifice elevation) Drainage Area 21.24 ac. (on-site and off-site drainage to the basin) Impervious Area 9.28 ac. (on-site and off-site drainage to the basin) volumes Permanent Pool Volume 78,306 cu.ft. (combined volume of main basin and forebay) Temporary Pool Volume 43 249 cu.ft. (volume detained above the permanent pool) Forebay Volume 15,839 cu.ft. (approximately 20% of total volume) Other parameters SA/DA' 1.60 (surface area to drainage area rati a Diameter of Orifice 2.50 in. (2 to 5 day temporary p �- wn requi d) Design Rainfall 1 in. 2� � p Design TSS Removal2 90 % (minimum 85%required) � v,S�pNP ts,met11 G O PS,PL N Form SWU-102 Rev 3.99 Page 1 of 4 Footnotes: l. When using the Division SAIDA tables,the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious%and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2. In the 20 coastal counties,the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90%TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90%TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). 1Y# b. The forebay volume is approximately equal to 20% of the total basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. NA e. If required, a 30-foot vegetative filter is provided at the outlet(include non-erosive flow calculations). / f. The basin length to width ratio is greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). /j1 f i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified to be performed prior to use as a wet detention basin m. A mechanism is specified which will drain the basin for maintenance or an emergency. * (7 foot design depth with 90% TSS removal) III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) ❑ does does not incorporate a vegetated filter at the outlet. This system (check one) ❑ does does not incorporate pretreatment other than a forebay. Fonn SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75%of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 5.25 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2.25 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 9.0 Sediment mova70. 6.75 75 0--- --- - Sediment Removal Elevation 3.75 75%Bottom eva 5. -------------------------------------------- ----- Bottom Elevation 2.0 25°/ FOREBAY MAIN POND �ry O 5. Remove cattails and other indigenous wetland plants when they cover 50 the basin bgag& T plants shall be encouraged to grow along the vegetated shelf and forebay ber . 01V�S�ANp�GEM Asv'u M 6. If the basin must be drained for an emergency or to perform maintenance, the &shing of sediment through the emergency drain shall be minimized to the maximum extent possible. 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven 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: Seawatch Homeowners Association, James Vatrt Title: President Address: 101 Seawatch Way, Kure Beach,NC 28449 Phone: o S Signature: LI // Date: �/I /T. Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a resident of the subdivision has been named the president. a Notary Public for the State of North Carolina Count S 4i,-7.0�lQ n rY Y of n t?k 4L,vt.6wr do hereby certify that James Vatrt personally appeared before me this f 7 day of Mou-e`l 2004 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, OFFICIAt SEAL 'o NO=ISMINA • NE N HANOMCOUNTY IM.STR CHAN NOTARY UBUC SEAL My commission expires Form SWU-102 Rev 3.99 Page 4 Of 4 Permit No. SW8 990835 (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name: Seawatch at Kure Beach Contact Person: Charles Cazier Phone Number: (910 ) 763=5100 For projects with multiple infiltration systems, a supplement form must be completed for each system. This worksheet applies to: Trench 1 A in Drainage Area A (from plans) (from Form SWU-101) II. DESIGN INFORMATION (attach supporting calculations/documentation): Soils Report Summary (based upon an actual field investigation and soil borings) Soil Type light tan med. sand Infiltration Rate 8.0 in/hr or cf/hr/sf (circle appropriate units) SHWT Elevation 8.0 fmsl (Seasonal High Water Table elevation) Trench Design Parameters Design Volume 4,573 c.f. Design Storm 1.0 inch event (1.S inch event for SA waters, 1 inch event for others Drawdown Time .125 days Perforated Pipe Size 8 inch diameter Perforated Pipe Length 280 ft. No. Observation Wells 11 (may be required on a case-by-case basis) Stone Type (if used) #57 wash Stone Void Ratio 0.40 Trench Elevations (in feet mean sea level) OMtn Rp1 Bottom Elevation 10.0 fmsl �Q S1ON OF MEN1 Stora /Overflow Elevation 12.0 fmsl SDP MANAGE SWU-107 Rev3.99 Page 1 of C'OA Trench Dimensions Height 2 ft. Length 580 ft. Width 10 ft. Volume Provided 4,640 cu.ft. III. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stonmwater Best Management Practices manual (N.C. Department of Environment, Health and Natural Resources,November 1995) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Attach justification if a requirement has not been met. Applicants Initials a. System is located 50 feet from class SA waters and 30 feet from other surface waters. CDC b. System is located at least 100 feet from water supply wells. ILDC c. Bottom of system is at least 2 feet above the seasonal high water table. L d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. * e. Off-line system, runoff is excess of the design volume bypasses the system(bypass detail provided). �LTc f. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon infiltration through the bottom only(a hydrogeologic evaluation may be required). 'rx g. Soils have a minimum hydraulic conductivity of 0.52 inches per hour. A h. System is not sites on or in fill material or DWQ approval has been obtained. i. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. j. System is sized to take into account the runoff at the ultimate built-out potential from all surfaces draining to the system, including any off-site drainage. L k. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. 1. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters). ( L in. Drainage area for the device is less than 5 acres. n. A pretreatment device ( filter strip, grassed swale, sediment trap, etc.) is provided. o. Trench bottom is covered with a layer of clean sand to an average depth of 4 inches. DC p. Sides of infiltration trench are lined with geotextile fabric. I cpc q. Rock used is free of fines (washed stone) and has large void ratio. r. Side to bottom ratio is less than 4:1. S WU-107 Rev 3.99 Page 2 of 4 (�7C s. Observation well(s) are provided(case-by-case basis). (" t . Vegetated filter is provided for overflow(50 feet for SA waters, 30 feet for other waters) and detail is shown on plans. u . A benchmark for checking sediment accumulation is provided. IV. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT l. After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration and the infiltration system for erosion,trash accumulation, grass cover, and general condition. 2. Repair eroded areas immediately, re-seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain system performance. 3. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth. Restore depth to original design depth without over-excavating. Over-excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. 4. The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month. Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately. 5. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. 6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to 75%of the original design depth. The system shall be restored to the original design depth without over-excavating. Over-excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the infiltration system. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the depth at the benchmark reads .375' , the accumulated sediment shall be removed from the system. SWU-107 Rev 3.99 Page 3 of p1V1�►ANA EMENT GOA-STAB I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection system in accordance with 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: James Vatrt President Seawatch Homeowners Association Address: 101 Seawatch Way, Kure Beach NC 28449 Phone: U Signature: �Q c_ 9 Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a resident of the subdivision has been named the president. a Notary Public for the State of North Carolina ,County of Q_ do hereby certi that James Vatrt personally appeared before me this ;2�_Tz day of ' r-,1 ,_2004 , and acknowle a the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official sealer t SEAL My commission expires SWU-107 Rev 3.99 Page 4 of Permit No. SW8 990835 tvt& ) (to be provided by DWQJ State of North Carolina De_aartment of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name: Seawatch Expansion Contact Person: Phillip Tri Phone Number: (910 ) 763-5100 For projects with multiple infiltration systems, a supplement form must be completed for each system. This worksheet applies to: Trench 1 8 in Drainage Area I (from plans) (from Form SWU-101) II. DESIGN INFORMATION (attach supporting calculations/documentation): Soils Report Summary (based upon an actual field investigation and soil borings) Soil Type light tan med. sand Infiltration Rate 8.0 in/hr or cf/hr/sf (circle appropriate units) SHWT Elevation 8.0 fmsl (Seasonal High Water Table elevation) Trench Design Parameters Design Volume 3,517 _c.f. Design Storm 2.0 inch event (1.S inch event for SA waters, I inch event for others Drawdown Time .125 days Perforated Pipe Size 8t1A, inch diameter Perforated Pipe Length 240 ft. No. Observation Wells NA (may be required on a case-by-case basis) Stone Type (if used) #57 crushed granite Stone Void Ratio 0.40 Trench Elevations (in feet mean sea level) Bottom Elevation 10.0 fmsl Stora Overflow Elevation 12.0 fmsl SWU-107 Rev 3.99 Page 1 of p1VLMA" EMENstot4 of: T g CpAgTAL Trench Dimensions Height 2 ft. Length 300 ft. Width 15 ft. Volume Provided 3,vGG cu.ft. III. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Attach justification if a requirement has not been met. Applicants Initials lC a. System is located 50 feet from class SA waters and 30 feet from other surface waters. _cvc�_ b. System is located at least 100 feet from water supply wells. C12L c. Bottom of system is at least 2 feet above the seasonal high water table. �� d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. C-12C e. Off-line system, runoff is excess of the design volume bypasses the system (bypass detail provided). CnC f. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon infiltration through the bottom only (a hydrogeologic evaluation may be required). g. Soils have a minimum hydraulic conductivity of 0.52 inches per hour. _CZ h. System is not sites on or in fill material or DWQ approval has been obtained. i. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. j. System is sized to take into account the runoff at the ultimate built-out potential from all surfaces draining to the system, including any off-site drainage. k. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. p[ _ 1. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters). m. Drainage area for the device is less than 5 acres. � �— n. A pretreatment device ( filter strip, grassed Swale, sediment trap, etc.) is provided. o. Trench bottom is covered with a layer of clean sand to an average depth of 4 inches. p. Sides of infiltration trench are lined with geotextile fabric. q. Rock used is free of fines (washed stone) and has large void ratio. r. Side to bottom ratio is less than 4:1. SWU-107 Rev 3.99 Page 2 of 4 s. Observation well(s) are provided (case-by-case basis). t . Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters) and detail is shown on plans. lip u . A benchmark for checking sediment accumulation is provided. 1-1 IV. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT 1. After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general condition. 2. Repair eroded areas immediately, re-seed as necessary to maintain adequate vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain system performance. 3. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth. Restore depth to original design depth without over-excavating. Over-excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. 4. The water level in any monitoring wells will be recorded after a 1 inch rainfall event and at least once a month. Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately. 5. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. 6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over-excavating. Over-excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the infiltration system. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the depth at the benchmark reads .375' , the accumulated sediment shall be removed from the system. AP ' too pIV 1 MANAGEMENT SWU-107 Rev 3.99 Page 3 of COASTAL I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection system in accordance with 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 patty. Print Name and Title: James Vatrt, President, Seawatch Homeowners Association Address: 101 Seawatc Kure Beach NC 28449 Phone: . �7 Izw Signature: Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a resident of the subdivision has been named the president. 1 ��. /'�) -Q � ,a Notary Public for the State of North Carolina ,County of /4 GL'LI-12, k ILL do hereby certify that James Vatrt personally appeared before me this /') —day of_March _2004 and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, U ry ��t b//cam OFFICIAL SEAL r rt� NORTH CAROLINA • NEW HANOVER COUNTY a V.M. STRACHAN r s NOTARY PUBLIC My Commission Expires SEAL My commission expires - D r}OD , SWU-107 Rev 3.99 Page 4 of 4 Permit No. �lL� c!%�'c'l S �lU (to be provided by DWQ) State of North Carolina Department of Environment and Nat- ral Rescurces Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photo copied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, and plans and specifications showing all stormwater conveyances and system details. 1.PROJECT INFORMATION Project Name: Seawatch Sim C 're 6- eoc 1 Contact Person: Mark N. Hargrove, PE Phone Number ( 910) 256-9277 For projects with multiple infiltration systems, a supplement form must be completed for each system. This worksheet applies to: Trench 2a in Drainage Area 3 (from plans) (from Form SWU-101) 11. DESIGN INFORMATION (attach supporting calculations/documentation): Soils Report Summary (based upon an actual field investigation and soil borings) Soil Type Kureb Sand Infiltration Rate 8.0 t!�Y or cf/hr/sf(circle appropriate units) SHWT Elevation 8.0 sl (Seasonal High Water Table elevation) Trench Design Parameters Design Volume 1,727 c.f. Design Storm 2.0 inch event(1.5-inch vent for SA waters, 1 inch for others) Drawdown Time 1.04 hrs days Perforated Pipe Size 12 inch diameter Perforated Pipe Length 301.5 ft. No. Observation Wells NA (may be required on a case-by-case basis) Stone Type(if used) #57 crushed granite Stone Void Ratio 0.40 Trench Elevations (in feet mean sea level) Bottom Elevation 10.0 finsl Storage/Overflow Elevation 12.0 frnsl FormSWU-107 R60.99 Page 1 of 4 p1V1Sl�NAGEMENT COASTAL M Trench Dimensions Height 2.0 ft. Length 127.5'/178' ft. :'Width 5.0'/7.0' ft. Volume Provided 1 795 Cu. ft: M. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N.C. Department of Environment, Health and Natural Resources, November 1995)and Administrative Code Section: 15 A NCAC 2H.1008. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Attach justification if a requirement has not been met. Applicants Initials mN4 a. System is located 50 feet from class SA waters and 30 feet from other surface waters. ma k b. System is located at least 100 feet from water supply wells. 64 c. Bottom of system is at least 2 feet above the seasonal high water table. MNA d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. MfJ9_ e. Off-line system, runoff in excess of the design volume bypasses the system(bypass detail provided) M04 f. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon infiltration through the bottom only (a hydrogeologic evaluation may be required). MVA g. Soils have a minimum hydraulic conductivity of 0.52 inches per hour. 104 h. System is not sited on or in fill material or DWQ approval has been obtained. 109 i. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. W1V# J. System is sized to take into account the runoff at the ultimate built-out potential from all surfaces draining to the system, including any off-site drainage. MIN F� k. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. MN� I. System captures and infiltrates the runoff from the first 1.0 inch of rainfall(1.5 inch event for areas draining to SA waters ). ;I'15vor� 0 m. Drainage area for the device is less than 5 acres. g n. A pretreatment device(filter strip, grassed swale, sediment trap, etc.) is provided. FormSWU-107 R60.99 Page 2 of 4 -�1 - o. Trench bottom is covered with a layer of clean sand to an average depth of 4 inches. P. Sides of the infiltration trench are lined with geotextile fabric. ul)I� 4. DvCk uSCd IS fTeL of fines (washed stones) and has a large void ratio. Mph r. Side to bottom area ratio is less than 4: 1. rM0 s. Observation well(s) are provided (case-by-case basis). 4— t. Vegetated filter is provided for overflow(50 feet for SA waters, 30 feet for other waters) and detail is shown on plans. MNA u. A benchmark for checking sediment accumulation is provided. IV. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT 1 . After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration and the infiltration system for erosion, trash accumulation, grass cover, and general condition. 2. Repair eroded areas immediately, re-seed as necessary to maintain ad6quate.vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain system performance. 3. Remove accumulated sediment annually or when depth is reduced to 75%of the original design depth. Restore depth to original design depth without over-excavating. Over-excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. 4. The water level in any monitoring wells will be recorded after a I-inch rainfall event and at least once a month. Chronic high water table elevations(within I foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately. 5. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H.1000 must be designed, approved and constructed. 6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to 75%of the original design depth. The system shall be restored to the original design depth without over-excavating. Over-excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the infiltration system. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. r.1 -ZJ'q"E m..\1 u ss�'Aime When the depth at the benchmark reads 0.50 the accu nt shall he removed from the system. 1) ApR p 120 FormSWU-107 R60.99 Page 3 of DIVISION OF COASTAL MANAGEMENT I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection system in accordance with 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: Tames Vatrt, President. Seawatch Homeowners Association Address: I01 Seawatch Way,Kure Reach, NC 28449 Phone: 9 O '� Date: off/ e0� Signature: Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a resident of the subdivision has been named the president. 1, ll i°► 2►a CJFa , a Notary Public for the State of N C-' County of do hereby certify that —A'�E S V A 9 personally appeared before me this day of E - and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, ga.,.^--�, �4 & a SEAL My commission expires OFFICIAL SEAL Notary R bk"Cam COUNTY of WW W►VM— PAuLA R. �►r cam FormSWU-107 R60.99 Page 4 of 4 Permit No. (to be provided by DWQ) State of North Carolina Depal tment of Environnient and Natural Resoui-ceJ Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM UNDERGROUND INFILTRATION TRENCH SUPPLEMENT This form may be photo copied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an underground infiltration trench supplement for each system, design calculations, and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION YY Project Name: Seawatcht3imaim (� kC.V re-_V-� Contact Person: Mark N. Hargrove, PE Phone Number: ( 910)256-9277 For projects with multiple infiltration systems, a supplement form must be completed for each system. This worksheet applies to: Trench 2b in Drainage Area 3 (from plans) (from Form SWU-101) 11. DESIGN INFORMATION(attach supporting calculations/documentation): Soils Report Summary (based upon an actual field investigation and soil borings) Soil Type Kureb Sand Infiltration Rate 8.0 or cf/hr/sf(circle appropriate units) SHWT Elevation 8.0 (Es', (Seasonal High Water Table elevation) Trench Design Parameters Design Volume 759 c.f. Design Storm 2.0 inch event(1.5-inch vent for SA waters, 1 inch for others) Drawdown Time 0.95 hrs days Perforated Pipe Size 12 inch diameter Perforated Pipe Length 143 ft. No. Observation Wells NA (may be required on a case-by-case basis) Stone Type(if used) #57 crushed rg anite Stone Void Ratio 0.40 Trench Elevations (in feet mean sea level) Bottom Elevation 10.0 finsl Storage/Overflow Elevation 12.0 fmsl q4 � FormSWU-107 R6v3.99 Pa e 1 of 4 G��IS��N QEM�N� g COASSr�� M Trench Dimensions Height 2.0 ft. Length 103/40 ft. W J.]_ c n> >_ r ^s r `vrtu�ii 5.0' 7.v �. ` oluinerrovided i71 CU. it. III. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N.C. Department of Environment, Health and Natural Resources, November 1995)and Administrative Code Section: 15 A NCAC 2H.1008. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Attach justification if a requirement has not been met. Applicants Initials MNI- a. System is located 50 feet from class SA waters and 30 feet from other surface waters. AAti4 b. System is located at least 100 feet from water supply wells. PAO-- c. Bottom of system is at least 2 feet above the seasonal high water table. IMNA d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. VY,N e. Off-line system, runoff in excess of the design volume bypasses the system(bypass detail provided) M 4 f. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days based upon infiltration through the bottom only (a hydrogeologic evaluation may be required). w�a) g. Soils have a minimum hydraulic conductivity of 0.52 inches per hour. �N h. System is not sited on or in fill material or DWQ approval has been obtained. i. Plans ensure that the installed system will meet design specifications(constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. J. System is sized to take into account the runoff at the ultimate built-out potential from all surfaces draining to the system, including any off-site drainage. MV4 k. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. MN1� 1. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters). ;L " 54 r-A ME m. Drainage area for the device is less than 5 acres. n. A,pretreatment device(filter strip, grassed swale, sediment trap, etc.) is provided. FormSWU-107 R6v3.99 Page 2 of 4 MNtI o. Trench bottom is covered with a layer of clean sand to an average depth of 4 inches. k6L p. Sides of the infiltration trench are lined with geotextile fabric. n'\NK q. Rock- used IS free of fiiieS (washed stone" and has a large void ratio. NW 9- r. Side to bottom area ratio is less than 4: 1. 'A_ s. Observation well(s) are provided(case-by-case basis). t. Vegetated filter is provided for overflow(50 feet for SA waters, 30 feet for other waters) and detail �� is shown on plans. imrL u. A benchmark for checking sediment accumulation is provided. IV. UNDERGROUND INFILTRATION TRENCH OPERATION AND MAINTENANCE AGREEMENT 1 . After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for blockage and deterioration and the infiltration system for erosion,trash accumulation, grass cover, and general condition. 2. Repair eroded areas immediately, re-seed as necessary to maintain ad6quate.vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash and blockages as needed to maintain system performance. 3. Remove accumulated sediment annually or when depth is reduced to 75%of the original design depth. Restore depth to original design depth without over-excavating. Over-excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. 4. The water level in any monitoring wells will be recorded after a 1-inch rainfall event and at least once a month. Chronic high water table elevations (within 1 foot of the bottom of the system for a period of three months) shall be reported to DWQ immediately. 5. If DWQ determines that the system is failing,the system will immediately be repaired or replaced to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H.1000 must be designed, approved and constructed. 6. Remove accumulated sediment from the infiltration system annually or when depth in the unit is reduced to 75%of the original design depth. The system shall be restored to the original design depth without over-excavating. Over-excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the infiltration system. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. �q U When the depth at the benchmark reads 0.5 the accumu sediment s all be removed from the system. APR 0 120 FonnSWU-107 R60.99 Page 3 of DIVISION OF COASTAL MANAGEMENT I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater collection system in accordance with 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: James Vatrt President, Seawatch Homeowners Association Address: 101 Phone: r.9.. . Date: Signature: Note: The legally responsible party should not be a homeowners association unless more than 50%of the lots have been sold and a resident of the subdivision has been named the president. a Notary Public for the State of f\j L County of y4 vJ H A N 0 y E K do hereby certify that J )q m E S V (9 TEE personally appeared aaoS before me this day of T-:-F 6 and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, Qua Q � SEAL My commission expires _ Notary�c41�� COUNTY OF NEW PAULA P. 14%0�1 Li �lrf FormSWU-107 R60.99 ^ Page 4 of 4 03/15/2005 14:42 9104520060 LANDMANAGEMENT PAGE 02/03 Land Ma �pement group, Inc. Environmental Co6ultants (Post Office Bo.,2522 %Vdmington, Nora Carivhw 28402 Teltpl boat:910-452-0001 Main o.ffte: Omuch Offce., Suite 1S (P O. OaX 1120 Downey®ranch Offue Ta►k 504 Cruatan Street 380S°ifitrt'dllrcAWnue Wanteo,NC 27954 'Gth mington, NC 28402 Tfronc: 252-473-3400 April 8, 2004 Tim Raines Lague Center PO Box 656 Wrightsville Beach, NC 2800 RE: Seawatch at Kure Beach - Phase 2 2 Tracts, 3.78 Total Acres Kure Beach, NC Tim, On April 8, 2004, Land Management Group, Inc made a site visit to the above mentioned property for the purposes of 404 wetlands mapping/delineation. The property is located south of Seawatch Way, east&west of Fort Fisher Blvd. North, and north of Spotters Court. The existing Seawatch Phase 1 bounds the tracts on the west. The site was evaluated using the U.S. Army Corps of Engineers (USACE) Wetlands Manual- 1987 edition. This evaluation incorporates a three parameter approach incorporating 1) evaluation for hydric soils, 2) evaluation for hydrophytic vegetation, and 3) hydrological indicators. No jurisdiction 404 Watiands as regulated by the USACE were observed on the subject property. No isolated wetlands as regulated by the North Carolina Department of Environment and Natural Resources (currently not regulated by the USACE were observed on the subject property. 2.51 Acre Tract 1) Soils present on the site did not contain any mucky modffiers and were found to be dry and friable. A borehole advanced at the northwest comer of lots 117 and 118 found no hydric soils (lowest topographical point on the tract). A fine to medium sand fill (color- 7,6YR 3/4) was encountered from the surface to 24" depth. Historical soil surface was encountered at 24". This included a 6" layer of dark gray medium fine sand (10YR 3/1), friable with no muck and greater than 70/30 washed sand grains. Soils from 30"-40"were a pale yellow medium to coarse sand (10YR 714). 2)Site vegetation contains species such as coastal bermuda, clover and wild oni No hydrophytic vegetation was encountered on the tract. 3) No water was viewed in an unlined borehole advanced down to 4 �hls borehole was allowed to equilibrate for several minutes with no wal� not�i soil moisture was encountered Indicating that the 40" level v anywh%A peer t G� 03/15/2005 14:42 9104520060 LANDMAMAGEMENT PAGE 03/03 vadose zone (found directly above the shallow water table). This one day observation of shallow water table conditions on the site is not representative of the hydrology of the site. It is a point of reference as to the site conditions on that day. 1.28 Acre Tract 1) Soils present on the site contained no surface and little to no horizon changes within the first 30". A soil boring was advanced on the eastern side of the fence line, adjacent to the beach, and midway down the tract. This soil boring revealed a white fine sand (10YR 8/1) soil surface and the remainder of the profile was a fine-medium pale yellow sand (10YR 8/4) 2) No significant growth of vegetation was observed on the tract. Frontal dune areas have been planted with sea oats. 3) No water was viewed in an unlined borehole advanced down to 30" deep. This borehole was allowed to equilibrate for several minutes with no water table noted. No soil moisture was encountered indicating that the 30" level was even anywhere near the vadose zone. This one day observation of shallow water table conditions on the site is not representative of the hydrology of the site. It is a point of reference as to the site conditions on that day. No concerns were noted around 404 wetland issues or Isolated wetland issues on the site. The only environmental concern noted on the site was on the 1.26 acre parcel. This concern would be the LAMA setback established from the first line of stabile vegetation. As discussed, Lague is already aware of this setback and necessary planning has taken this Into consideration. No other concerns were noted during the field review of the two tracts. Please call with problems or questions at your convenience. Thank you. Respectfully, JJ Chip Ja s Environmental Scientist O`J�SN`PNPCa GO Aria - 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 April 4, 2005 FAX: 343-2229 2 Pages Star News Diane Blake Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice -Seacorr, LLC c/o Tim Raines for Seawatch Subdivision Dear Ms. Blake: Please publish the attached Notice in the April 7, 2005, issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and a copy of the invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. The phone number is 919-733-2293. Please send the original invoice and a copy of the affidavit for payment to Bev Rivenbark at Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-395-3900. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincer ly, Lindsay LaRose Express Permitting Admin. Assistant Enclosure cc: File Copy Doug Huggett Ted Tyndall 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper 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 application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on April 1, 2005. According to said application, Seacorr, LLC C/o Tim Raines for Seawatch Subdivision/to install utilities (including water and sewer) and a stormwater infiltration basin, adjacent to Ft. Fisher Blvd. North/ 519 Ft. Fisher Blvd. North, adjacent to the Atlantic Ocean, in Kure Beach, New Hanover County. A copy of the entire application may be examined or copied at the office of Jason Dail at N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-395-3900) during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to April 27, 2005, 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 this matter will be provided upon written request. ��-a 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 April 4, 2005 Seacorr, LLC C/o Tim Raines 6234 Ingleside Drive Wilmington,NC 28409 Dear Mr. Raines: The Division of Coastal Management hereby acknowledges receipt of your application,for State approval for development of the subject property located at 519 Ft.Fisher Blvd.North,in Kure Beach,New Hanover County. It was received as complete on April 4,2005,and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Pilot Program.Under this expedited process,the projected date for making a decision will be around May 4, 2005. NCGS I I3A-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 Ft. Fisher Blvd. North. Some examples would be: Nailing the notice card to a telephone pole or stake along the road right-of-way fronting your property. Failure to post this notice could result in an incomplete application. Sincerely, 1 son Dail DCM Express Permit Coordinator cc: Doug Huggett, DCM Dixon Ivy, LPO Henry Wicker, COE 127 Cardinal Drive Extension,Wilmington,North Carolina 28405-3845 Phone:910-395-3900\Fax:910-350-2004\Internet:http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper AMA RMIT APPLI F R ^AWA lw% ^ A6v% % w PR J "ma FOR MORE DETAILS CONTACT APPLICANT: THE CAL PER T FICER BELQW� 4 F � • ��/1,� . ► DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: Seti.cA�r L L C Address of Property: 5k9 Tiork (Lot or Street 4, Street or Road) 0, W. (City and County) —�� I hereby certify that I own property adjacent to the above-referenced propei�klfAe indivi a applying for this permit has described to me as shown on the attached drawing the Nep are proposing. A description or drawing, with dimensions; should be provided w.iths le, r. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal 1lanagement, 127 Cardinal Drive Extension, Wilmington, INC 2810-:5 or call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. �VAI�TER SECTION I uncle:stand that a pier, ooring pilings, breakvi ater, boat or boat lift'must be set bck a minimum distance of 15' from ea of riparia ss - unless waived by me. (If you wish to waive the setback, you must initial opriate blank below.) I d o waive the 15' setb'n"' requirement. I c4e not wish to waive the 15' setback requirement. d s' S'`. Name Date Print Name Kv evo— &-q.c1n, G Z�y-�� , ,Z NCDEN'K Telephone Number with Area Code Nca C. Ouw.C� S:\c amaE—ncmmvrc mo NArup i RrsouAc_s �,she l ls'\riparianproperty.frrr► DIVISION OF COASTAL MANAGEMENT ^ - ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: Sp�cpY.r- L,L.C . Address of Property: S i ► 6o-4 (Lot or Street #, Street or Road) k\,-P , & 3,) , N G 2,%44 (City and County) I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please «rite the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28105 or call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION (Nok I understand that a ck, mooring pilings, break�i-ater, bo, e or boat lift must be se: bck a minimum distance of 15 y area of ripar' ess - unless waived by me. (If you wish to tivaive the setback, you must ini i propriate blank below.) I o waive the 15' setb"cCk requirem I ce not wish to waive the 15' setback requirement. Sign NTame Date Print Namer a;� Telephone Number with Area Code c� S:\camalshells\riparianproperty.f-m °" 0"—�"".1 U -5 GOP DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWII'ER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: Se c,cA,,V- ,C l Address of Property: Sk9 T�wk IF'Sti,4,,r �j1v �, 1 7 (Lot or Street#, Street or Road) /4 CIO '� -7'00o (City and County) I hereby certify that I own properly adjacent to the above-referenced property. ThW divi,.. ual applying for this permit has described to me as shown on the attached drawing the developnI ttt thev are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please «rite the Division of Coastal 1lanagement, 127 Cardinal Drive Extension, Wilminaton, INC 2811105 or call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION �►•k�� A�1;c�b�.� I understand that a pier, ooring pilings, breakwater, boat or boat lift'must be set bcic a minimum distance of 15' from ea of riparia ss - unless waived by me. (If you wish to waive the setback, you must initial opriate blank below.) I d o waive the 15' setba1K requirement. I de not wish to waive the 15' setback requirement. Sian Frame Da e Print Name 1,,1;�,..�;,.��}b,.., � �CNCDEN'K Telephone Number with Area Code Nome c. oum cv-W cw ENVIRONMENT♦NO NQLR/.L RESOURCES S:\cama:shells\riparianproperty.frm ('out ,�. DIVISION OF COASTAL MANAGEMENT - ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: 5e c,,c-0 L L C �'*" 0 2 z V q1;IM" Address of Property: 5\9 �tu-� 's��,,r gAV el . 11S (Lot or Street#, Street or Road) n 15APR 13 2005 (City and County) COASTAL MANAGEMENT I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be pro�-ided with this letter. ✓ I have no objections to this proposal. f4�0_�' � ��� If you have objections to what is being proposed, please write the Division of Coastal ?Ianagement, 127 Cardinal Drive Extension, Wilmington, INC 28Y05 or call 910-395-3900 within 10 days of receipt of this notice. No response is considered the same as no objection if `•ou haN-e been notified by Certified Mail. WAIVER SECTION I understand that a pier, ooring pilings, breakwater. boat or boat lift must be set bck a minimum distance of 15' from ea of riparia ss - unless waived by me. (If you wish to Nvaive the setback, you must initial opriate blank below.) I d o waive the 15' setbac'.; requirement. I d_- not wish to waive the 15' setback requirement. Sign NTame Date Eli ems. Lev; e, 1530 Q,7g__ ,s Q� ,P .4 Z Print Name Cy� zo7 NCDENR Telephone Number with Area Code t4c , C �M" E.—ROMMENT MD HCun .RE50t1MCE5 S:\cama,.sheI Is\riparianp top erty.frin EXHIBIT C STATE OF NORTH CAROLINA, REAL ESTATE PURCHASE CONTRACT COUNTY OF NEW HANOVER AGREEMENT made this 30th day of July, 2004, between LaQUE CENTER FOR CORROSION TECHNOLOGY, INC, a North Carolina corporation("Seller") and SEACORR,LLC, a North Carolina limited liability company ("Purchaser"); WITNESSETH : In consideration of the mutual covenants and agreements herein contained, the Seller and Purchaser agree as follows: 1. Sale. The Seller agrees to sell and convey and the Purchaser agrees to purchase the real property in Kure Beach,New Hanover County, North Carolina described on Exhibit A hereof(the"Property"). 2. Purchase Price. The purchase price for the Property shall be its fair market value as of the date of exercise of the option between the parties hereto of even date herewith to which this agreement is attached as Exhibit A (the"Option"). The purchase price shall be paid at closing by cash or by certified check. "Fair market value" shall be determined according to the generally accepted rule that such value is the price at which a willing buyer and a willing seller would have agreed to trade the property at the time if both parties were informed of the circumstances and neither was compelled to buy or sell. Should any dispute arise as to the fair market value of the Property,the parties hereto agree to submit the question of value to appraisal by S. Cory Gore(the"Appraiser")or any other appraiser acceptable to the parties if for any reason the Appraiser is unavailable or fails or refuses to act. Either Buyer or Seller may direct the Appraiser to conduct the appraisal. The appraisal shall be made with all reasonable dispatch and the Appraiser shall make his report in writing to each of the parties. The valuation established by the Appraiser shall be accepted as final by all of the parties hereto. Each party shall pay one-half of the cost and expenses of the Appraiser. 3. Deed. The deed shall be made to the Purchaser, and shall be the usual bargain and sale deed with general warranty and covenants against encumbrances, except those"Permitted Encumbrances"herein stated. -f-10A 4. Permitted Encumbrances. The property shall be conveyed subject � a. zoning regulations and ordinances of the Tow 3ach , if Q 1 to b. any state of facts an accurate survey of the Prope ay AR 0 0 ��M�N� O\J� PNPG c. easements and other rights in and to any street or highwa of way and any public utilities crossing or servicing the property, inclu4Q rainage; d. suitability of soils for any purpose; e. ad valorem taxes for the year in which closing occurs , which taxes shall be prorated as of the date of closing; and 5. De ault. In the event of a breach of this agreement, each party shall have all remedies available at law or in equity. 6. Closing. The closing shall occur at the offices of Hogue, Hill, Jones,Nash and Lynch, 101 S. 3rd Street, Wilmington,N.C., at 10:00 AM on the 601h business day following the receipt by Seller of notice of exercise of the Option. 7. Possession. Possession of the Property shall be delivered at closing. 8. Assiznment. This contract may not be assigned without the written agreement of Seller. 9. Parties. This contract shall be binding upon the heirs, successors or assigns of the parties. IN WITNESS WHEREOF, the parties have executed and sealed this agreement as of the date first above written. LAQUE CENTER FOR CORROSION TECHNOLOGY, INC. By: SEACORR, LLC By: DNA N -2- G� S:\WOJL\Raines-LaQue-L\aQue\SeaconCONTRACT.PUR.doc NORTH CAROLINA OPTION TO PURCHASE This option to purchase made the30tb-day of.............July.................... .......... 9*20.04 between ...LaQUE„CENTER_... FOR CORROSION TECHNOLOGY. INC. hereinafter referred to as Seller, . ................................................ ............................................................... to .............SEACORR,. i LCq........................................................................... WITNESSETH, that the Seller, for and in consideration of the sum of ....Ten...and...N.011.00...-.-777----.-- ---.. Dollars ($...1.0...00............. ......) to him in hand paid by the Buyer, receipt of which is hereby acknowledged, does here- by give and grant unto the Buyer, his heirs, assigns, or representatives, the exclusive right and option to purchase all of that certain plot, piece, or parcel of land together with all improvements located thereon in the City of K.0 re...Be.ach ........................................................ . County of ......New.,Han.P.v?.r........................................ State of North Carolina, being known as and more particularly described as follows: SEE._Exhibit..A..att,ached.,hereto..and..,made a...part,..hereof, except_..there is.,excluded.,from ........the prop.er.t.y.,.described_..on..Exhibit..A. and. from this..Option real...property described,. .. on...Exhib.it. B...her.eo.f................................................................................................................................................................... ............-................-................................................................................. ............-..................... ........................................................I....I...... .........................................................................................................................................................................................................I................ .......................................................................................................................................................................................................................... .......................................................................................................................................................................................................................... .......................................................................................................... ....................................................................... ..................................... The terms and conditions of this option are as follows: 1. Term. This option shall be for a period of ..fiv.e.. y.ea.rs......................*XXxxX g and shall exist and continue until .5;.D.Qo'clock ....P... M on the ..3.Qt.hday of ....July...................................................}gsg2009 2. Exercise. At any time during the option period, Buyer may exercise this option by hand delivery or deposit of written notice by certified or registered mail, return receipt requested, to Seller at the following address: _.62.34...Ingleside-Drive..................._......... ................. ...................... ........................... ........................ Wilmington, NC 28409 .............................................. ............................................................................................ ............................................................................................ ............................................................................................. 3. Contract Upon Exercise. Upon exercise, the terms of purchase and sale shall be as set forth on Exhibit C attached hereto, and incorporated herein by reference. 4. Application of Option Money. The consideration paid for this option, above set forth, shall !] shall not be applied on the purchase price at closing, if this option is exercised. If this option is not exercised, the option money will be retained by Seller. 5. Other Conditions. Buyer may purchase the Property in parts or parcels and this option shall remain in effect during the time provided above as to any portion which Buyer has not purchased. APR 2005 COASTq�MAN OF AGSMSNT IN WITNESS WHEREOF, the Seller has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. LaQUE CENTER FOR CORROSION TECHNOLOGY, INC.;;ir (SEAL) ------------------------Corp rate (Cor orate N -------------------------------------------------------- � z By• x Z --------------------------------------------------------(SEAL) --------------------------President ►� x ATTEST:09 U d ---------------------------Secretar Y (Corporate Seal) t� --------------------------------------------------------(SEAL) SEAL-STAMP NORTH CAROLINA- ----------------------------------County. I, a Notary Public of the County and State aforesaid, certify that ------------------------------------------ t•r x u personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my N ] hand and official stamp or seal, this ------ day of ----------------------------, 19..... My commission expires: -------------------------------------------------------------------------Notary Public SEAL-STAMP STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER �°. I,,5,Fp ecin L. Notary Public of the county and state i c nisthl Cpersonally came before me this da an o tha Presid nt of LaQUE CENTER FOR CORROSION T ,INC.14 and that he/she,as President,being authorized to do so cuted th �P>jAi said corporation. Witness my hand and seal,this the JZ da Au ,�2Q c>v N OF M�N� My commission expires: 8-,�L( -08 O Pt G Public (SEAL) CJrC Recommendation: Attach fully completed "Offer To Purchase And Contract" N.C. Bar Assoc. Form No. 2, as Exhibit A to set out the terms of Purchase and Sale Upon Exercise. N.C.Bar Assoc.Form No.8©1977—James Williams&co.,Inc.,Box 127,Yaokinville,N.C.27055 Printed by Agreement with the N.C.Bar Assoc.—1981 1244 0727 ::� _:_=;= JAN 21 16 29 AN 18`4 NORTH CAROLINA NEW HANOVER COUNTY WARRANTY DEED This deed made as of the 30th day of December,1983,by INCO UNITED STATES,INC.,a Delaware corporation with its principal office at 1 New York Plaza,County of New York,State of New York(hereinafter"GRANTOR')to 25 LaQue Center for Corrosion Technology,Inc.,a Delaware corporation having a principal office in Wilmington,North Carolina(hereinafter"GRANTEE") W ITN ESSETH WHEREAS resolutions were adopted on this 30th day of December,1983 by the Board of Directors of the GRANTOR,authorizing the transfer of all right and title of the GRANTOR in and to a certain parcel of land in Federal Point Township,New Hanover County,State of North Carolina; NOW THEREFORE,in consideration of the sum of One Hundred Dollars and other valuable considerations paid by the GRANTEE,the receipt of which is hereby acknowledged,the GRANTOR has bargained,sold and conveyed,and by these presents,does bargain,sell and convey to the GRANTEE,its successors and assigns,a certain tract or parcel of land(hereinafter the"Property")in Federal Point Township,New Hanover County,State of North Carolina,consisting of two portions which are hereinafter respectively referred to as the Eastern Section and the Western Section and which are bounded and described as follows; Eastern Section BEGINNING at a point in the eastern fine of U.S.Highway #421,said point located south 20 degrees 33 minutes west 1035.19 feet as measured with said eastern line from its intersection with the northern line of the INCO tract recorded in Book 885, Page 724,New Hanover County Registry;running thence from said Beginning with said eastern line south 20 degrees 33 minutes west 1133.46 feet to a point;thence south 69 degrees 30 minutes east 148.37 feet more or less to the highwater line of the Atlantic Ocean;thence with said high water line north 23 degrees 44 minutes 30 seconds east 137.80 feet to a point;thence north 20 degrees 29 minutes east 1044.92 feet to a point;thence north 87 degrees 04 minutes 20 seconds west 162.45 feet to the Point of BEGINNING, containing 4.12 acres. RETURNED TO t 7 IVISION OF AL MANAGEMENT R, - -2_ 1244 0728 Western Section BEGINNING at a point in the western line of U.S.Highway p421(50 feet from the centerline),said point located south 20 degrees 33 minutes west 1036.03 feet as measured with said western line from its intersection with the northern line of the INCO tract recorded in Book 985,Page 724,new Hanover County Registry; running thence from said Beginning with the western line of Highway #421 south 20 degrees 33 minutes west 1101.70 feet to a point; thence north 87 degrees 02 minutes 20 seconds west 526.59 feet to the point of curviture of a curve having a radius of 300.00 feet and a deflection angle of 90 degrees 00 minutes to the right; thence with said curve northward 471.24 feet to the point of tangency of said curve(chord to the previous course being north 42 degrees 02 minutes 20 seconds west 424.26 feet);thence north 2 degrees 55 minutes 40 seconds east 450.00 feet to the point of curviture of a curve having a radius of 300.00 feet and a deflection angle of 90 degrees 00 minutes to the right;thence with said curve eastward 471.24 feet to the point of tangency(chord to the previous course being north 47 degrees 55 minutes 40 seconds east 424.26 feet);thence south 87 degrees 04 minutes 20 seconds east 960.12 feet to the Point of BEGINNING,containing 23.40 acres. Both of the Eastern Section and Western Section being parts of the property conveyed to the GRANTOR by Deed and Corrective Deed respectively recorded in Book 1221 at Page 762, and Book 1223 at Page 39,of the New Hanover County Registry. SUBJECT TO: 1. Taxes for the year 1984 not yet due and payable,and for subsequent years. 2. Subject to a general permit in favor of Southern Bell Telephone and Telegraph Company recorded in Book 236,Page 75 of the New Hanover County Public Registry,North Carolina. 3. Subject to a permit in favor of Carolina Power do Light Company recorded in Book 318 at Page 308 of the New Hanover County Public Registry,North Carolina. 4. Title to that portion of the subject property lying within the bounds of the right of way of U.S.Highway No.421 as shown on survey by George Losak,Surveyor,Dated April 5, 1970. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges or appurtenances thereto belonging to the GRANTEE,its successors and assigns to their only use and behoof forever. And the GRANTOR covenants with the GRANTEE,its successors and assigns,that is is seised of the premises in fee and has the right to convey in fee simple,that the same are free and clear from all encumbrances,except as hereinabove stated,and it will warrant and defend the title to the same against the claim of all persons whomsoever.; `Oa/ E:V ' APR 0 1 M DIVISION OF COASTAL MANAGEMENT QtJ112tf.�U4 tj� N 1 sw•Gin• V 1 I 5 r'z r BOOT PATE 1244 0729 .3- 1N TESTIMONY WHEREOF,the GRANTOR has caused this Warranty Deed to be signed in its name by its Vice President,attested by its Secretary,and sealed with Its corporate seal all on the day and year first above written,by order of its Board of Directors duly given. INCO UNITED STATES,INC. By: 4ic-eltresid t Attest: (Corporate Seal) , C? Secretary STATE OF NEW YORK } ss. COUNTY OF NEW YORK ) 1,Donna M.Amaturo,a Notary Public in and for said county,certify that Dyer S.Wadsworth personally came before me this day and acknowledged that he is Secretary of INCO UNITED STATES,INC.,and that by authority duly given and as the act of the Corporation,the foregoing instrument was signed in its name by its Vice President,sealed with its corporate Seal and attested by himself as its Secretary. Witness my hand and Notarial Seal this 20th day of January,1984. (seal) l STATE OF NORTH CAROLINA r New Hanover County L�`�•'v The Foregoing Certificate of _ E Vis certified correct. This the_2 j day of_12JZ_ 19<54 Rebecca P.Tucker,Relgicr of Deeds By OF ,OAS GEMENT