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HomeMy WebLinkAbout132-05 Wayfarers Cove, for Minnesott Beach Holdings, LLC h Permit Class Permit Number tti NEW(Express Permit Program) 132-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and I Coastal Resources Commission Vermtt for J r X Major Development in an Area of Emir � Concern �� f pursuant to NCGS 113A-118 10. 'ry OCA, { Excavation and/or filling pursuant to NCGS 113-229 y Issued to Wayfarers Cove, for Minnesott Beach Holdings, LLC, 1107 Bennett Rd, Arapahoe, NC 28510. Authorizing development in Pamlico County on the Neuse River at Minnesottttt Beach off SR 1121 Bennett Rd) at the Wayfarers Cove Marina near Arapahoe, as requested in the permittee's application dated 07/08/2005, including the attached workplan drawings (13 total - CS. Cl to C7. and C16 to C20) all dated 07/11'2005 This permit, issued on August 22, 2005, is subject to compliance with the application (N-.-here consistent with the permit), f x all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development r 1) Unless specifically altered herein, this permit authorizes construction of 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center,pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment ofWayfarers Cove, all as y depicted in the permittee's application and workplan drawings referenced above. 2) Any development or land disturbing activity that is considered non-water dependent is not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission (EMC) Neuse River Basin buffer regulations in place at the time of such development. Contact a representative of the Division of Water Quality at 252-946-6481 in reference to information t on the Neuse River Basin buffer. (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 pp 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 fi 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 is your project is consistent with the North Carolina Coastal Siartature of Permittee <' Management Program. ` -":---------.....�,.....:�.,.,.,.... r' .. ,+-.::-xoa.-oa:- .+wow-rx-aor.+-:-.+:.�r rrto-w-Te-:-:K-rk+�•n+�+oa Jno-ara.+c,c-:-0 r a-eoo,+�w:avrr<�++ rrx:_..w-�-..-:_ :�:��-:.�;�._.___:o:..�ti..:r. Wayfarers Cove Permit m 132-05 Minnesott Beach Holdings, LLC Page 2 of 3 Y Y. f ADDITIONAL CONDITIONS f Stormwater Management y 3) In order to protect water quality, runoff from the construction shall not visibly increase the amount of suspended sediments in adjacent waters. t J 4) The Division of Water Quality (DWQ) is currently reviewing a stormwater permit application to determine if the project is in compliance with North Carolina's Water Quality Certification program and has assigned permit No. SW7050714 to the application. The permittee must receive a Water Quality f Certification from DWQ, and provide a copy to the Division of Coastal Management, prior to the initiation of any construction activities. Changes to the stormwater permit application may require an modification of this permit. Contact a representative of the Division at (252) 946-6481 prior to commencement of any such activity for this determination. 1 Sedimentation and Erosion Control 3: 5) Appropriate sedimentation and erosion control devices,measures or structures (e.g. silt fence, diversion swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands,watercourses and/or properties. Y ppy Z 6) 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. s NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 943 Washington Square Mall, Washington,NC 27889 . 'yYy 'i J. Shoreline Stabilization 7) The alignment of the authorized riprap retaining wall must be staked by a surveyor and approved by the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked and approved by DCM within a maximum of 30 days prior to the new expected start of construction. f 8) The riprap retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the structure. t L 9) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl, or broken concrete. 10) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to 1: prevent its movement from the site by wave or current action. Wayfarers Cove Permit# 132-05 ` Minnesott Beach Holdings, LLC Page 3 of 3 ADDITIONAL CONDITIONS 11) All backfill material shall be obtained from a high ground source and confined behind the permitted riprap retaining wall. Archives and History }' i• 12) Prior to the initiation of any land-disturbing activities authorized by this permit, the permittee shall, in :. coordination with the N. C. Department of Cultural Resources (NCDCR), develop and implement an archaeological survey of the proposed project area. Initiation of pezmitted land-disturbing activities shall not begin until written approval is obtained from NCDCR, and a copy of such approval has been received by the Division of Coastal Management. ADDITIONAL CONDITIONS General 13) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily. }4y. S is NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. # Contact a representative of the Division at (252) 946-6481 prior to commencement of any such activity for this determination. r NOTE: The permittee and/or his./her contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: The U.S. Army Corps of Engineers has assigned this project COE Action ID No. 200511690 and Issued General Permit No. 198000291 on 08/15/2005. j; }; Y DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Express Permit Review Program 1. APPLICANT'S NAME: Wayfarers Cove for Minnesott Beach Holdings, LLC 2. LOCATION OF PROJECT SITE: Off SR 1121, at 1107 Bennett Road upstream of the ferry landing at Minnesott Beach on the Neuse River near Arapahoe in Pamlico County, North Carolina Photo Index - 2000: 74-885; I-18,19,20 1995: 74-816; I-4,5,6, J-4,5,6, State Plane Coordinates - X: 2,652,600 Y: 451,400 GPS Rover File # could not obtain Cherry Point Quad. (upper left corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 04/21/05 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 07/21/05 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Community (land), Conservation (water, wetlands) (B) AEC(s) Involved: ES (C) Water Dependent: NO (D) Intended Use: Commercial - Constructed to enhance the sale of the property (E) Wastewater Treatment: Existing - Individual septic systems Planned - Community low pressure septic system (F) Type of Structures: Existing - Access road, marina, various buildings, a dwelling Planned - 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] D—REDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other ±1,524,600 ft2 Highground (D) Total Area Disturbed: ±35.0 acre (±1,524,600 sq. ft.) (E) Primary Nursery Area: NO (F) Water Classification: B-NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Wayfarers Cove Minnesott Beach Holdings, LLC Pamlico County Express Permit Review Program Project setting Tom Hicks, on behalf of Minnesott Beach Holdings, LLC, has requested the attached application be processed under the Express Permit Review Program, for a planned development under the name of Wayfarers Cove. The project site is located at Minnesott Beach off SR 1121 (Bennett Road)upstream of the ferry landing at the Wayfarers Cove Marina(formerly known as the Minnesott Beach Yacht Basin) site on the Neuse River and a manmade basin and canal (Alligator Gut), near Arapahoe in Pamlico County,North Carolina. The applicant's parcel of land is ±40.74 acres and ±34.85 acres are proposed for development. The site has±740' of riverfront shoreline with no stabilization in place. The existing marina(CAMA Maj or Permit No. 109-84RT)is a±13 8 slip facility constructed in a manmade basin with an access canal, and a channel into the Neuse River. The access canal with riprap groins on each side projecting into the Neuse River is located on property owned by the Mimiesott Golf and Country Club. The entire marina facility is located in Alligator Gut, a natural stream and wetland area excavated prior to Coastal Management permit authority. While a small area of the basin has been bulkheaded, the majority of the basin area has non-stabilized shoreline. Currently on the property are a dwelling adjacent the Neuse River(at the downstream(east)end),several commercial buildings adjacent the basin,a boat yard,swimming pool,and two access roads. In addition,a diked spoil area is present adjacent the Neuse River at the upstream (west) end of the property. The majority of the site is vegetated with mixed hardwoods and pines. The under story is comprised of vines and herbaceous shrubs mixed with upland grasses. The river shoreline is a sand beach area f30'wide that interfaces the wooded area at a f3' erosion escarpment on the downstream (east) end. As you transition upstream, the erosion escarpment elevates to ±10' in the center and terminates at±20' at the upstream (west) end. There are two areas of Spartina patens on the upper portion of the beach terminating at the erosion escarpment. The project site is bordered on the upstream(west) side by a bulkheaded and developed lot with a single-family residence and a pier with a boatlift in the Neuse River. Upstream of this property are several additional single-family developed lots with individual piers and slips. As described above,the adjacent downstream(east)property is owned by the Minnesott Golf Club and is comprised of the access canal,protective riprap groins that project into the Neuse River, and narrow strips of highground adjacent both sides the entrance canal. These strips are vegetated similarly to the applicants but also include a large area of Phragmites sp. on the downstream(east) side of the canal. Immediately downstream of the Golf Club property is The Links at Wayfarers Cove. This is a condominium development currently under construction (CAMA Major Express Permit No. 29-05). No docking facilities exist on either of these properties. The site is 10' to 25' above the normal water level (NWL). The Neuse River in this area is classified SB-NSW by the Environmental Management Commission and is closed to shellfishing. Minnesott Beach Development, LLC Pamlico County Page Two Express Permit Review Program Project description The applicant proposes to redevelop the property by creating 23 single-family lots,48 town homes, 20 condominiums, a community center, pool, relocated boatyard, dockmaster/ship store office,several retail stores,and access roads with parking areas. With the exception of the 50'Neuse River Riparian Buffer, the entire :34.85 acres of uplands on the site will be disturbed. Approximately 1.51 acres(65,598 ftz)will be graded and/or filled within the 75'Estuarine Shoreline Area of Environmental Concern (AEC). The 1.51 disturbed acres within the Estuarine Shoreline AEC include the construction of asphalt access roads, parking areas and a small portion of the commercial building adjacent the basin that will impact 0.72 acres (t31,305 ftz). The proposed impervious coverage within the 75' Estuarine Shoreline has been calculated at t5.39%. The existing gravel and soil access roads will be removed,as will the existing 4 buildings and the pool. The house on the Neuse River will be removed and most of the site will be cleared and grubbed. The existing spoil disposal area adjacent the Neuse River will be removed and the area graded for town home lots. Fifteen town homes lots are proposed adjacent the Neuse River well outside the 75' Estuarine Shoreline AEC. Each lot will be approximately 2,180 ftz (0.05 acre) in size. The remainder of the proposed town home lots and the condominiums will be located around the marina basin. Although some of the proposed lots around the manmade basin do encroach within the 75' Estuarine Shoreline AEC, no structures, only grading, are proposed within these areas. The applicant proposes to connect to an existing 6"water main(owned by Pamlico County) located adjacent to the site. Individual septic tanks will connect into an onsite low-pressure sewage system with a 4.17 acre drain field(documentation is attached). A Coastal Storm Water Permit with the Division of Water Quality has been applied for as well as a Sedimentation and Erosion Control Plan with the Division of Land Resources. A NPDES permit has been applied for associated with boat hull washing operations that will occur at the relocated boatyard area. A concrete pad is proposed at this location f 120' from the NWL of the manmade basin. The runoff from the boat hull washing operations will be collected in a closed system as per the attached documentation and plat(s). Approximately 740 linear feet of rock riprap is proposed along the erosion escarpment at the upper or landward end of the beach area and landward of the existing Coastal Wetland area. The riprap is proposed on a 2 to 1 slope, and the majority of the riprap will be outside the 75' Estuarine Shoreline AEC. No additional backfill is proposed. The riprap will cover 7,400 ftz of Estuarine Shoreline and will be no closer than 25 ' to the NWL. The riprap as proposed will be placed within the Neuse River Buffer Basin area. Anticipated impacts The project as proposed will result in the disturbance of f1,524,600 ftz(t35 acres)of uplands as a result of the development activities. David W. Moye—21 July 2005 form DCM-MP-1 RECEIVED APPLICATIONJUL 2 1 2005 (To be completed by all applicants) WARO b. City, town, community or landmark 1. APPLICANT Minnesott Beach, Near Arapahoe, 28510 - c. Street address or secondary road number a. Landowner: Off Route 306 at end of NCSR 1121 - Name Minnesott Beach Holdings LLC d. Is proposed work within city limits or planning jurisdiction? X Yes No Address 1107 Bennett Road e. Name of body of water nearest project (e.g. river, City Arapahoe State NC creek, sound, bay) NPuSP River Zip 28510 Day Phone (252)249-1424 Fax (252)249-0504 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Tom Hicks a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and 1107 Bennett Road excavation and/or filling activities. Address Single-Family, Townhomes, Condos, Residential Development, Boatyard, City Arapahoe State NC Community Center, Pool and Light Retail/ Office Space; including Road and Utility Infrastructure. Zip 28510 Day Phone (252)249-1424 b. Is the proposed activity maintenance of an existing project, new work, or both? New Fax (252)249-0504 c. Will the project be for public, private or commercial c. Project name (if any) use? Private Wayfarers Cove - Upland Development d. Give a brief description of purpose, use, methods of construction and daily operations of proposed NOTE: Permit%0 be issued in name oftm,do,wwr(s), andlor project. If more space is needed, please attach additional pages. project name. Build residential development for private use. Development of boatyard area 2. LOCATION OF PROPOSED for public use. PROJECT a. County Pamlico Revised 03/95 Form DCM-MP-1 in. Describe existing wastewater treatment facilities. 4. LAND AND WATER On-site low pressure septic system will CHARACTERISTICS be permitted for this site. a. Size of entire tract 40.74 Acres n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) varies - See Plans wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or Surface runoff only in actor ce wi NWL 10 to 25 Feet Coastal Stormwater Permits to be sought for project. d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. Sandy Loam (Alpin Fine Sands) Pamlico County Water e. Vegetation on tract Mature hardwoods and pine mix. f. Man-made features now on tract Marina, boatyard, residence, dockhouse, 5. ADDITIONAL INFORMATION bathhouse, pool. g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site. (Consult the local rand use plan.) following items must be submitted: Conservation Transitional Developed X Community • A COPY 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 Residential Multi-Family - PUD forward a copy of the deed or other instrument under (Planned Unit Development) 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? y Yes No (Attach zoning compliance certificate, if 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? X Yes No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? URS Corporation detailed description.) Morrisville, North Carolina 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? X Yes No Engineers regarding that agency's use of larger Coastal (marsh) x_ Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? No requirements and it must be sufficiently detailed to (Anach documentation, if available) guide agency personnel unfamiliar with the area to the Wetland areas are not within limits of work. Revised 03/95 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 that they have 30 days in which to submit comments I certify that to the best of my knowledge, the proposed on the proposed project to the Division of Coastal activity complies with the State of North Carolina's Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name See attached list I certify that I am authorized to grant, and do in fact, Address grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connection with evaluating information related to this Name permit application and follow-up monitoring of the Address project. Phone I further certify that the information provided in this Name Address application is truthful to the best of my knowledge. Phone • This is the� day of�_ �� A list of previous state or federal permits issued for ' work on the project tract. Include permit numbers, Print N 'cks permittee, and issuing dates. NCDENR Permit No. 109-84 Signature t Landowner or Authorised Agent • A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project. (DEHNR) to cover the costs of processing the application. DCM MP-2 Excavation and Fill Information x DCM MP-3 Upland Development • DCM MP-4 Structures Information A signed AEC hazard notice for projects in DCM MP-5 Bridges and Culverts oceanfront and inlet areas. Not Applicable 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 Environmental Policy Act. Not Applicable Revised 03/95 r r 0� A LC� Michael F.Easley,Governor "'`' `Q(✓ William G.Ross Jr.,Secretary 7 North Carolina Department of Environment and Natural Resources 10 Q�� ,pt ,.,,,,�_-•s-.,�; Y Alan W.Klimek,Y.E.Director Division of Water Quality September 15, 2005 Mr. Tom Hicks, Member/Manager Minnesott Beach Holdings, LLC 1107 Bennett Road Arapahoe, NC 28510 Subject: Stormwater Permit No. SW7050714 Wayfarers Cover High Density Project Pamlico County Dear Mr. Hicks: The Washington Regional Office received a complete Stormwater Management Permit Application for Island Land Center on August 31, 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. SW7050714 dated September 15, 2005, for the construction of the subject project. This permit shall be effective from the date of issuance until September 15, 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 thirty (30) 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 Scott Vinson, or me at (252) 946-6481. "od Regional Supervisor Surface Water Protection Section AH/sav: C:\STORMWAT\PERMIT\SW7050714 cc: Kevin Avolis, PE P mlico County Building Inspections vid Moye, CAMA - WaRO Washington Regional Office Central Files NbnhCw Nahir, North Carolina Division of Water Quality Washington Regional Office Phone(252)946-6451 FAN(252)946.9215 Customer Service Internet. h2o.enr.state.nc.us 943 Washington Square?`hall.Washington.NC 27889 l-577-623-6749 State Stormwater Management Systems Permit No. SW7050714 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Minnesott Beach Holdings, LLC Wayfarers Cove Pamlico County FOR THE construction, operation and maintenance of six infiltration basins in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "storm water 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 September 15, 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 Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 497,000 square feet of impervious area. 3. The tract will be limited to the amount of built-upon area indicated on page 3 of this permit, and per approved plans. 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. 5. The runoff from all built-upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. Page 2 of 8 State Stormwater Management Systems Permit No. SW7050714 6. The following design criteria have been provided in the infiltration basin and must be maintained at design condition: a. Site Area, acres: 34.85 Basin 1 Basin 2 Basin 3 b. Drainage Area to Basins, acres: 7.51 6.25 2.51 C. Total Impervious Surfaces, ft2: 143,672 122,205 66,923 d. Design Storm, inches: 1 1 1 e. Basins Depth, feet: 1.30 1.80 1.50 f. Bottom Elevation, FMSL: 9.50 9.50 9.50 g. Bottom Surface Area, ft2: 9,412 6,268 3,464 h. Bypass Overflow Elevation, FMSL: 10.80 11.30 11.00 i. Permitted Storage Volume, ft3: 13,802 11,773 6,074 j. Type of Soil: Alpin Alpin Alpin k. Expected Infiltration Rate, in/hr: 2.0 2.0 2.0 I. Seasonal High Water Table, FMSL: 7.5 7.5 7.5 M. Time to Draw Down, hours: 7.8 1 1.0 9.0 n. Receiving Stream/River Basin: Alligator Gut / Neuse o. Stream Index Number: 27-116 P. Classification of Water Body: "SC; Sw, NSW' Page 3 of 8 State Stormwater Management Systems Permit No. SW7050714 6. (continued) a. Site Area, acres: 34.85 Basin 4A Basin 413 Basin 5 b. Drainage Area to Basins, acres: 5.94 0.86 3.28 C. Total Impervious Surfaces, ft2: 45,526 18,303 100,371 d. Design Storm, inches: 1 1 1 e. Basins Depth, feet: 1.00 1 .00 1.50 f. Bottom Elevation, FMSL: 13.0 12.0 19.0 g. Bottom Surface Area, ft2: 6,353 1,550 5,802 h. Bypass Overflow Elevation, FMSL: 14.00 13.00 20.50 i. Permitted Storage Volume, ft3: 7,134 1,824 9,764 j. Type of Soil: Alpin Alpin Alpin k. Expected Infiltration Rate, in/hr.- 2.0 2.0 2.0 I. Seasonal High Water Table, FMSL: 9.0 9.0 14.0 M. Time to Draw Down, hours: 6.0 6.0 9.0 n. Receiving Stream/River Basin: Alligator Gut / Neuse o. Stream Index Number: 27-116 P. Classification of Water Body: "SC; Sw, NSW' II. SCHEDULE OF COMPLIANCE 1. 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. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions 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 slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to the bypass structure must be available at all times. Page 4 of 8 State Stormwater Management Systems Permit No. SW7050714 4. 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. 5. The facilities shall be constructed as shown on the approved plans. 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. 6. 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. A modification may be required for those deviations. 7. 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. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, lease 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. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. 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. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Page 5 of 8 State Stormwater Management Systems Permit No. SW7050714 III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. 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. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. 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. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 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. Unless specified elsewhere, permanent seeding requirements for the stormwater lin hed i the North Carolina Erosion and control must f011aW the yUiUe111les established ini � ie i�vi i ._, Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 15th day of September, 2005. RTH CA OLINA ENVIRONMENTAL MANAGEMENT COMMISSION A n VV. KI mek, Directo Division of Water Quality By Authority of the Environmental Management Commission Page 6 of 8 State Stormwater Management Systems Permit No. SW7050714 ` Wayfarers Cove Stormwater Permit No. SW7050714 Designer's Certification 1, , 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 included in the Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Date Page 7 of 8 State Stormwater Management Systems Permit No. SW7050714 Certification Requirements: 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. All roof drains are located such that the runoff is directed into the system. 5. The bypass structure weir elevation is per the approved plan. 6. The bypass structure is located per the approved plans. 7. A Trash Rack is provided on the bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11 . The permitted amounts of surface area and/or volume have been provided. 12. All required design depths are provided. 13. All required parts of the system are provided. 14. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Washington Regional Office Pamlico County Building Inspections Page 8 of 8 w AUG 2 9 2005 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Morehead City+ CCU MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIFTETT GOVERNOR August 19, 2005 SECRETARY Mr. Doug Huggett, Major Permits Processing Coordinator North Carolina Department of Environment and Natural Resources Division of Coastal Management 1638 Mail Service Center Raleigh, North Carolina 28699-1638 Subject: CAMA Permit Application—Construction of 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and rip rap along the erosion escarpment. Near the communities of Minnesott and Arapahoe in Pamlico County Mr. Doug Huggett, The permit application was submitted to this office for review. Find attached the completed form as requested. This agency does not object to the project as proposed provided a proper access permit is obtained from the NC DOT. It occurs adjacent to the highway right of way and will have a significant impact on the highway. Should you have any questions or need additional information, please advise. My number in the New Bern district office is(252) 5144716. Sincerely, Aaron C. Everett District Engineer ACE/rrf attachment Copy: Roberto Canales, P.E., Chief Engineer's Office Judy Slywka, Roadside Environmental Unit Dwayne Alligood, P.E., Division Maintenance Engineer County Maintenance Engineer kc-r-F Mllscr� Division Two•District Two•209 S. Glenburnie Road 9 New Bern,N.C. 28560•Phone(252)514-4716 s �. ! � Y � � "k i � :�� � ,, `+.' .. '', _ '�" P .. .. :J � .. -- � f • � .i .,�` � ; . - a., F.r • ,�.. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director Will'am G Ross Jr., Secretary MEMORANDUM To: David Moye, Express Permits Coordinator From: Maureen Meehan Will,DCM Morehead City District Planne Date: August 15, 2005 Subject: Major Permit Application, Requested by Minnesott Beach Holdings,LLC/Wayfarers Cove to construct 20 condominiums, 48 town homes, 23 single family home lots, a commercial building, community center, pool, boatyard, dock master/ship store, access roads, parking, and riprap along the erosion escarpment, on property located at 1107 Bennett Road, adjacent to the Neuse River and a manmade canal, Minnesott Beach, Pamlico County, North Carolina. LUP Consistency Determination: The proposal appears Inconsistent With & In Conflict with the 2004 Pamlico County Land Use Plan certified by the CRC on January 28, 2005. Overview The plan provides policy statements for both the county and the communities of Mesic, Vandemere, Bayboro, and Minnesott Beach (Section 6.5, page 69 of the plan). Specific policy statements for each town have been included within the Goals, Policies, and Future Land Use Map section of the plan. The policies for the municipalities are supplemental to the other policies within the plan and the communities must be sure development meets all of the goals and policies of the plan. Areas of Environmental Concern (AEC) impacted by the proposed development include Estuarine Shoreline (ES). The Waters at the project site are classified as B-NSW and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. The Pamlico County Land Classification Map designates the subject property as Town Center and the affected AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "The county will require open water and upland marinas to meeting the following development guidelines: provide wastewater pump-out facilities and restrooms approved by the appropriate state or local agency; provide at least 112 off-street space for each slip or storage space (marinas serving solely property owners of an adjoining subdivision are not required to provide off-street parking);provide at least one dry fire hydrant." (Policy 1.1.2.1, Public Access Policies, pg. 57) " The county establishes a local, permanent conservation zone within 75 feet of the normal mean high water level or normal water level for all shorelines bordering public trust waters, estuarine waters, and any waters designated as primary nursery areas. All development and construction activities will be prohibited in this area except for the following uses: marinas, docks and piers, boat ramps and similar structures providing public access; and structures to prevent erosion as 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper .� described in the Public Access policies section. This permanent conservation zone is not intended to apply to man-made ditches, canals, basins, lakes, impoundments, and similar constructed facilities. The policy is not intended to apply to forestry operations that comply with `best management practices'. The conservation zone applies to all subdivision of land after January 26, 1990, regardless of the intended use, and to all divisions of land after the certification of this plan." (Policies 2.3.3, 2.3.3.1, 2.3.3.2, 2.3.3.3, Land Use Compatibility Policies, pg. 59) "The county supports the CAMA use standards for estuarine shorelines" (Policy 2.3.1, Land Use Compatibility Policies, pg. 59) "The Town will use its zoning ordinance to support the CAMA use standards for development in any AEC. Lot dimensions in the 75 foot permanent conservation zone along the Town's waterways will be controlled by the zoning ordinance." (Policy 6.5.3.1, Minnesott Beach Policies, pg. 71) "The Town supports residential development that is consistent with a single-family, conventional housing setting. Multifamily structures are limited to those areas zoned for such uses at the time of plan adoption. " (Policy 6.5.3.7, Minnesott Beach Policies, pg. 71) Discussion The proposed development appears to be inconsistent with the 2004 certified Pamlico County Land Use Plan in two different instances. The inconsistencies include development encroachment into the 75-foot conservation zone and proposed residential development that has a higher residential density that is allowed per the land use plan's future land use plan map. The following development standards need to be addressed by the applicant prior to approval by this office. 1. Per policy 2.3.3, no development, unless specifically mentioned, within the policy statements, shall be permitted within the established 75- foot permanent conservation zone. The applicant has proposed approximately 5.39% impervious surface area within the conservation zone. Therefore, unless the proposed impervious surfaces are indeed water dependent or are adjacent to a man made water-body as defined in Policy 2.3.3.3, then those surfaces must be removed or placed in an appropriate area outside of the conservation zone. 2. It appears that the proposed residential density (2.6 units/acre) is greater than what is allowable per the Future Land Use Plan Map density description, which states, "Gross development density for this classification is projected to be approximately 1 dwelling for every 7.5 acres or less. Site development density, where water and sewer and other services are available, may be approximately 2 dwellings per acre or higher." The project site will utilize county water services and will not provide public sewer services, but private septic systems connected to a private package treatment plant. The applicant must provide correspondence that local density and intensity requirements are met and are in accordance with the intent of the density defined for the Future Land Use Plan Map. Cc: Ted Tyndall, Assistant Director Tere Barrett, Morehead City District Manager John Thayer, Manager of Planning and Public Access .r ® North Carolina Wildlife Resources Commission Richard B. Hamilton,Executive Director MEMORANDUM TO: David Moye,Express Permits Coordinator,Washington Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria Tripp,Northeast Coastal Region Coordinator ,.1 Habitat Conservation Section DATE: August 11,2005 SUBJECT: Express CAMA Dredge/Fill Permit Application for Minnesott Beach Holdings, LLC,Wayfarers Cove,Pamlico County,North Carolina. Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the permit application with regard to impacts on fish and wildlife resources.The project site is located off SR 1121 (Bennett Road)upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe, NC.Our comments are provided in accordance with provisions of the Coastal Area Management Act(G.S. 113A- 100 through 113A-128),as amended,and the Fish and Wildlife Coordination Act(48 Stat.401,as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct 20 condominium units,48 town homes,23 single family lots,a commercial building,community center,pool,boatyard,dock master/ship store,access roads,and parking areas as well as place riprap along the erosion escarpment of the Neuse River shore.The existing marina(CAMA Major Permit No. 109-84RT)within the±40.74 acre parcel is a±138 slip facility constructed in a manmade basin with an access channel in the Neuse River.The entire±34.85 acres of uplands,with the exception of the 50'Neuse River Riparian Buffer,will be disturbed.Proposed impervious surfaces within the 75'Estuarine Shoreline Area of Environmental Concern(AEC)are f5.39%.Approximately 740 linear feet of riprap is to be placed along the erosion escarpment landward existing Coastal Wetlands.The riprap will be no closer than 25'to the NWL and no backfill is proposed.The applicant also states future marina renovations within and around the existing basin are planned,but are not covered under this permit process. The Neuse River in this area is classified B NSW by the Environmental. Management Commission. NCWRC does not object to the project as currently proposed as long as all necessary precautions are made to ensure the adjoining waters of the Neuse River system and Alligator Gut are not adversely impacted during the extensive proposed upland disturbance. Sedimentation and erosion control measures must be in place prior to project implementation and inspected periodically during construction.We also request the applicant consider the planting of native,non-evasive species of plants throughout their landscaping scheme. We appreciate the opportunity to review and comment on this and future permit applications regarding this site.If you need further assistance or additional information,please contact me at(252)948-3916. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 0 Fax: (919) 715-7643 RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr., Secretary Alan W. Klimek, P.E., Director August 11, 2005 Subject: DWQ comments to the CAMA permit for the project at Wayfarers Cove near Minnesott Beach in Pamlico Co. The Division of Water Quality 401 Wetland/Buffer unit has reviewed the project as submitted through the CAMA Express Review and received on July 21, 2005. DWQ has no objections to the project as proposed in the application. Conditions: • In the areas of disturbance within Zone 2 of the riparian buffer it is required that the appropriate BMP's be used to avoid impacts to Zone 1. • Disturbed Zone 2 area throughout the project must be revegetated and stabilized. • The Division of Water Quality should review modifications to the proposed project that impacts wetlands or the riparian buffer. Kyle Barnes Environmental Spec. III DWQ/WaRO VMWI N.C.Division of Water Quality 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 FAX(252)946-9215 �s s 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 21 July 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Maureen Meehan-Will JU1" Division of Coastal Management MoriwhQ4kj f y� FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Minnesott Beach Holdings, LLC Wayfarers Cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. 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 UJ 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neU An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%a Post Consumer Paper ti 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 21 July 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Ken Pace Department of Transportation FROM: David W. Moye JUL 2 7 2005 , Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Minnesott Beach Holdings LLC s s • ay arers cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. 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 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.neY An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper t,(Wr4f 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 21 July 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM 1 TO: Maureen Meehan-Will dU! Division of Coastal Management FROM: David W. Moye �f �tt Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE& FILL Permit Application Review Applicant: Minnesott Beach Holdings, LLC Wayfarers Cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. 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. 1 SIGNED DATE ),Y D_e) 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nett An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper a�! z Z 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 21 July 2005 EXPRESS PERMIT RIVIEW PROGRAM MEMORANDUM f w. TO: Patty Fowler,NCDENR Division of Environmental Health Shellfish Sanitation Section JUL '+ 2005 1' FROM: David W. 1VMoye LSLHELLFfSN S Express Permits Coordinator AN41 , _ n..,' Washington Regional Office a SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Minnesott Beach Holdings, LLC Wayfarers Cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. 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 �` D TE 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper -&L'1S AU6 @L 00 S o' ter` r _ 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 21 July 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: STORMWATER IRECEi Scott Vinson—Express Permits Coordinator Division of Water Quality JUL 2 1 20GI FROM: David W. Moye D,A/ Express Permits Coordinator Y Y Q- VVAR® Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Minnesott Beach Holdings, LLC Wayfarers Cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. r This agency has no comment on the proposed project. ' tV o. SW 1oS al `� 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 co ments. "1 SIGNED DATE Al �6 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.net/ An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Qe 6 zo o J 'oaoe consr�,rr W A Q C7 0 � �wm z _ 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 21 July 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM D !S E 2 p nn TO: Joe Henderson L� 9 1YJ Department of Administration JUL 2 2 2005 FROM: avid W. Moye +xpress Permits Coordinator DOA STATE PROPERTY OMCE Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Minnesott Beach Holdings, LLC Wayfarers Cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. 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 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.net/ An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper gq_cn a-) _1uVX aQ®5 apVCUMUT 41 2 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 21 July 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Gloria Nance-Sims, Director Division of Community Assistance FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Minnesott Beach Holdings, LLC Wayfarers Cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. 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 7- 2 C DS 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.ney An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper apF COASTgT� a 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 21 July 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Pat McClain For: Jim D. Simmons, P.G.,P.E., Director Division of Land Resources FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Minnesott Beach Holdings, LLC Wayfarers Cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. 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 p ect only if the reco dec j changes are incorporated. See attach)21, �T� ,, Q Thts agency objects to th oject for asons descfi�6�etac ed� comments. SIGNED / DATE 1— 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper . R a z 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 21 July 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Ted Tyndall Division of Coastal Management FROM: David W. Moyef ty Express Permits Coordinator M Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Minnesott Beach Holdings, LLC Wayfarers Cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. 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 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Qk C_(S 0% NX&C COAS74141, 3 i = 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 21 July 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Mr. Sean McKenna For: Mr. Preston P. Pate, Director Division of Marine Fisheries FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Minnesott Beach Holdings, LLC Wayfarers Cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. 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 121-71C, 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:wwwmccoastalmanagement.net/ An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper a 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 21 July 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Maria Tripp �h �► 9�'s NC Wildlife Resources Commission a JUL N FROM: David W. Moye r pi; ryt. Express Permits Coordinator .- �Onservation Jw Washington Regional Office G16, Pro-grdm SUBJECT: CAMA/DREDGE & FILL Permit Application Review 5� vzc Applicant: Minnesott Beach Holdings, LLC Wayfarers Cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. .vu -see .dfr, j ez—,.U.+, 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 if 4 u r� zoos- 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.ney An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Re c& 11 t46 2005 a' V r 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 21 July 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM RECEIVE TO: 401BUFFER JUL 2 1 2005 Tom Steffens Division of Water Quality DWQ-VIIARO FROM: David W. Moye Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Minnesott Beach Holdings, LLC Wayfarers Cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. 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 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ilV�/AO� LOAST41 a �o / /o7 2 s'j - � 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 21 July 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Doug Huggett Division of Coastal Management JUL 2 5 2005 FROM: David W. Moye MOreheed City DCM Express Permits Coordinator Washington Regional Office SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Minnesott Beach Holdings, LLC Wayfarers Cove Project Location: Off SR 1121 (1107 Bennett Road) upstream of the ferry landing at Minnesott Beach on the Neuse River and a manmade basin near Arapahoe in Pamlico County, North Carolina Proposed Project: Applicant proposes to construct 20 condominium units, 48 town homes, 23 single family lots, a commercial building, community center, pool, boatyard, dockmaster/ship store, access roads and parking areas, and riprap along the erosion escarpment. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 11 August 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. 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 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.netl An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper K RECEIVED WAYFARERS COVE JUL 2 1 2005 MINNESOTT BEACH, NORTH CAROLINA WARO Project Description This project consists of the development of a single-family and multi-family residential subdivision, marina and related commercial development on a 40.74 acre parcel of land located at the end of Bennett Road in Minnesott Beach, Pamlico County, North Carolina. It is proposed that a mixture of single-family homes, townhomes and condominium units be developed and conveyed individually. In addition to the residential development, commercial development will occur on the site including the development of a small restaurant/snack bar facility, a dockmasters office and ship store, meeting space, a community center and swimming pool facilities. A new boat repair and maintenance yard will be constructed along the northern side of the property. The subject property is currently developed with what was formerly known as the Minnesott Beach Yacht Basin. This facility has been renamed Wayfarers Cove. This project addresses the upland area development around the existing marina facilities. It is proposed at some point in the future to renovate the marina facilities to include the installation of a new bulk head along a new basin alignment and the installation of new floating docks. The proposed development will be served by public water service provided by Pamlico County and on-site sewage disposal and treatment area. The following permits are being secured associated with the upland development portion of the proposed project: 1. CAMA Major Permit 2. Coastal Stormwater Permit 3. Erosion and Sedimentation Control Permit 4. Public Water Permit 5. On-Site Wastewater Permit 6. NPDES Permit (for bottom washing operations) Additional permitting will be required at the time that the marina renovation occurs. Find below a general description of the proposed development as it relates to each of these permits. A. CAMA Major Permit A CAMA Major permit is being sought in order to properly execute this project. CAMA Areas of Environmental Concern (AEC) exist on the property. Limited development is proposed to occur within these CAMA AEC areas as a part of the proposed upland development. The proposed disturbance within the CAMA AEC area as part of the upland development includes the installation of limited impermeable surfaces within the CAMA AEC area and the light filling and grading in the AEC areas to establish finish grades. Additionally, rip rap shoreline stabilization will be installed along the existing storm escarpment along the Neuse River shoreline on the project site. Otherwise, no other land disturbing activities or construction are proposed to occur within the CAMA AEC or below the normal water level as a part of this submittal. B. Coastal Storin eater Permit The subject property is located adjacent to the Neuse River and Alligator Gut. These water bodies have a classification of SB, Sw, NSW. SA waters do exist at a point in the Neuse River east of the site. The SA and SB delineation line extends from Wilkerson Point to Cherry Point on the southern shoreline of the Neuse River. This delineated line is located in excess of one-half mile from the subject property. The proposed development on the subject property will result in an overall built-upon density of 32.5% necessitating a High Density Stormwater permit. Due to the superior soil conditions present on the site, the depth to groundwater, and considering the limited space available for a stormwater retention system, infiltration basins will be employed to satisfy the Coastal Stormwater Regulations. All runoff from newly created impermeable surfaces will be routed to these infiltration basins. Small fringe areas located between the rear of the proposed development and the Neuse River or Alligator Gut surface waters are naturally graded to drain towards these water bodies. No runoff from these areas are proposed to be collected and routed through the stormwater systems due to elevation constraints. These areas are presently covered with grass vegetation or trees and limited no grading or altering of the surfaces in these fringe areas will occur. A total of(8) drainage basins are located on the subject property as follows: Drainage Basin No. 1 covers a total area of 7.51 acres. It is proposed that this drainage basin be developed to a density of 43.9% built-upon. The one-inch storm within this drainage basin will be collected and routed to Infiltration Basin No. 1 which will be constructed adjacent to the tennis court area. The one-inch storm volume for this basin is 13,802 cubic feet. The provided retention volume is 14,373 cubic feet. Any volume in excess of the storage volume will bypass the infiltration basin and will discharge in a non-erosive fashion to a flow dissipating Swale which will spill runoff across the v bulkhead area. Although this drainage area exceeds the 5 acre limit for infiltration basins the entire drainage area for Basin No. 1 will be treated through this basin system. Due to the topography and limited space, one larger infiltration basin was determined to be the best alternative. The draw down times of the soils found in Wayfarers Cove in addition to the basin size are more than adequate to handle the entire 7.51 acre drainage area. Drainage Basin No. 2 covers a total area of 6.19 acres. It is proposed that this basin be developed to an overall density of 44.3 % built-upon area. It is proposed that all runoff from Drainage Basin No. 2 be routed to Infiltration Basin No. 2 which will be constructed on the western side of the proposed community center. The required one- inch storm volume at this basin is 11,557 cubic feet. The provided storage volume is 12,220 cubic feet. All runoff in excess of the storage volume will bypass the infiltration basin and will discharge to the vegetated area at the rear of the condominium and townhouse development along the proposed future bulkhead. Drainage Basin No. 2 also exceeds the 5 acre limit; however, it was also determined that an enlarged infiltration basin would be the best alternative. The basin size in combination with the soils present are more than adequate to handle the 6.19 acre drainage area. Drainage Basin No. 3 covers a total area of 2.51 acres. This drainage basin is located on the Neuse River end of the project. It is proposed that this drainage basin be developed to an overall density of 59.8%. All runoff from this drainage basin will be routed through Infiltration Basin No. 3. The required one-inch storage capacity in this basin is 5,796 cubic feet. The provided storage volume is 6,513 cubic feet. All runoff in excess of the storage volume will discharge to Alligator Gut via flow spreading swales. Drainage Basin No. 4A covers a total area of 5.94 acres. This drainage basin is located on the northern end of the project site. The majority of this drainage basin consists of the low pressure sewer system disposal area. It is proposed that this drainage basin be developed to an overall density of 17.6%. All runoff from this drainage basin will be rerouted through Infiltration Basin No. 4A. The required one-inch storm volume is 6,557 cubic feet. The provided storage volume in Infiltration Basin No. 4A is 10,525 cubic feet. All runoff in excess of the storage volume will discharge to Alligator Gut via flow spreading swales. Drainage Basin No. 4 also exceeds the 5 acre limit; however, it was also determined that an enlarged infiltration basin would be the best alternative. The basin size in combination with the soils present are more than adequate to handle the 5.94 acre drainage area. Drainage Basin No. 4B covers a total area of 0.86 acres. This drainage basin is located on the northern end of the project site. It is proposed that this drainage basin be developed to an overall density of 48.9%. All runoff from this drainage basin will rerouted through Infiltration Basin 4B. The required storage capacity in this basin is 1,729 cubic feet. The provided storage volume is 3,129 cubic feet. All runoff in excess of the storage volume will discharge to Alligator Gut via flow spreading swales. Drainage Basin No. 5 covers a total area of 3.28 acres. Drainage Basin No. 5 encompasses the proposed boatyard area. A separate infiltration basin is proposed for this area which will collect and treat in excess of the one-inch storm volurne and to avoid co-mingling of runoff into other drainage basins on the project. The minimum required storm volume is 4,769 cubic feet; however, a total capacity of 14,253 cubic feet is provided representing storage capacity for an approximate three-inch storm. Any runoff in excess of the provided storage volume will bypass the infiltration basin and will discharge to the flow spreading swale located adjacent to the haul out facility as shown on the project plans. Drainage Basins Nos. 6, 7 and 8 represent the fringe areas of the site which are located topographically downgradiant of the proposed development. Drainage Basin No. 6 is located on the eastern side of the project site downgradiant of Drainage Basin No. 4. An existing gravel road located within this drainage basin will be removed as a part of the proposed construction and this area will be revegetated in order to re-establish a buffer area. The proposed revegetation of this area will result in additional treatment beyond that which currently exists today and will result in the re-establishment of a buffer area adjacent to the surface waters of Alligator Gut. Drainage Basin No. 7 represents the fringe area along Neuse River Drive. The majority of this area will remain vegetated with the existing mature vegetation that exists today. Drainage Basin No. 8 represents the fringe area located adjacent to the Neuse River and Alligator Gut at the southern end of the project. Limited to no grading activities will occur within this fringe area. The existing vegetation is proposed to remain in this area of the project. A soils evaluation has been completed on the subject property as a part of the initial design efforts for the installation of an on-site septic system on the property. Hydraulic conductivity tests were completed on the site at an elevation of approximately 18 to 23 feet above the water level. Groundwater was found to exist in this area of the site at depths in excess of 9 feet below the surface. Hydraulic conductivity tests revealed an average hydraulic conductivity of the soils of 108.05 inches per hour. The soils on this site generally consists of a Alpin fine sands which are very sandy in nature to depths in excess of five feet below the surface. It is proposed that the bottom of the infiltration basins be constructed approximately two feet below grade. Table 15 of the Pamlico County Soils Survey provides a recommended permeability rate within the Alpin fine sands between 2.0 and 6.0 inches per hour. It is proposed that the infiltration basins be constructed to a maximum flooded depth of two feet. Considering an infiltration rate of 2.0 inches per hour, the infiltration basin should go dry within a time period of 12 hours of a storm event or ''/z days. C. Erosion and Sedimentation Control Permit An Erosion and Sedimentation Control permit will be needed to properly execute the project since in excess of one acre of land will be disturbed. It is proposed that all areas of the subject property other than the majority of the areas within the existing 50 foot Neuse Riparian Butter area and those areas below the normal water level be disturbed to execute the project. The project covers a total area of 34.85 acres exclusive of the surface water areas of Alligator Gut located on the site. Less than 34.85 acres will be disturbed since no existing riparian buffer areas will be impacted by the proposed construction other than light grading activities. However a permit fee covering a total disturbed area of 34.85 acres, or$1,750 is included with the permit application. Erosion and Sedimentation Control devices will be utilized on the subject property to protect the abutting surface waters and surrounding properties. Permanent vegetation will be established on the site in order to stabilize the finish surfaces. D. Pubic Water Supply Permit A Public Water Supply permit will be sought to properly execute the project. An existing 6-inch water main is located adjacent to the property along Bennett Road, Neuse River Road and on the northern side of the project on the present day Clark property. Connections will be made to each of these water mains to form a looped water distribution system throughout the project in an effort to maintain system pressures and flow. The existing water distribution system in this area is owned by Pamlico County. Project plans and specifications for the water distribution system will be submitted to the State of North Carolina through Pamlico County for approval. E. On-Site Wastewater Permit Sewage disposal for the project will be provided by an on-site sewage disposal system. This system will generally consist of a septic tank at each residential unit and at each commercial building. Effluent from the septic system will be collected in a pump tank and will discharge through a low pressure effluent only system to a pre-treatment unit which will be located on the north end of the project site. The 4.17 acre parcel of land located on the northeastern corner of the project has been set aside for effluent treatment and disposal. Sewage effluent will discharge through a recirculating filter media to remove solids and provide treatment. From this point, the sewage effluent will be discharged to a low pressure sewer distribution system to be located on the 4.17 acre parcel. The on-site sewage disposal system will be permitted by the North Carolina Department of Environmental and Natural Resources (NCDENR) On-Site Wastewater Section. The permit application will be submitted through the Pamlico County Health Department prior to being forwarded to the State. F. NPDES Permit An NPDES permit is being secured for the project associated with bottom washing and rinsing operations that will occur in the boatyard area of the site. It is proposed that all bottom washing operations occur on a concrete wash pad as depicted on the project plans. All runoff from bottom washing operations will be collected in a recirculating system. Solids will be collected in a grit chamber and all effluent will be recirculated. Future Proposed Development It is proposed that at some point in the future that the existing marina facilities at Wayfarers Cove be renovated. This proposed renovation will consist of the removal of the existing dock system and bulkhead and the installation of a new floating dock system and bulkhead, along a new alignment. This realignment of the basin will result in the re-establishment of new riparian buffer and CAMA AEC areas parallel with the new bulkhead. The upland development proposed at this time has been laid out to accommodate the future proposed 50 foot riparian buffer limit and 75 foot CAMA AEC limit. In addition to the marina renovations, it is proposed at a some point in the future that shoreline stabilization be installed along the Neuse River side of the project in order to stabilize the steep slopes in this area. A shoreline stabilization permit application will be submitted in conjunction with the marina renovations permit. zo(Ull of" ' 267Rtt �.CUC4 ARAPAp SORT A ^' 8510 t ,._ July 11, 2005 NC Department of Environment and Natural Resources 934 Washington Square Mall Washington,NC 27889 ATTN: David W.Uoye Dear Mr. Moye: The proposed Wayfarers Cove Marina Property is in compliance with the Town of Minnesott Beach Zoning Ordinance. If you need additional information,please let us know. Sincerely, Ray Lee Mayor r i WA O-VE June 30, 2005 Dolores Hall North Carolina Dept. of Cultural Resources State Historic Preservation Office 4617 Mail Service Center Raleigh,NC 27699-4617 Dear Dolores, Please accept this letter as confirmation of our phone conversation.As I mentioned to you, I respectfully disagree with your decision regarding our marina property. When Tom and I first spoke with you,you informed us there were no archeological sites of interest identified on the marina property and that we would not have any survey requirements imposed on that property as a result of a CAMA permit application in the future. Dan Cassedy has done a reconnaissance of our marina property, at your request and our expense. You have now changed your mind and indicate that you will require an archeological survey based on his suggestion that there is a location that maybe archeologically sensitive and not excessively disturbed. We bent over backwards at great expense to cooperate with you on the Country Club property. We would appreciate you giving this some consideration in dealing with our marina property. We are willing to have Dan Cassedy or another archeologist survey the property for a day, as you and I have discussed on the phone. If they find nothing of significant we will be free to move on with our project without further archeological requirements. Please let me know your thoughts on this, as soon as possible. We are in the process of submitting our CAMA permit. I will keep you posted as to our progress as we firm up plans to have the property surveyed. I am hopeful everything can be worked out as it was in the past. Thank you very much. Sincerely, P..� m, Peter H. Mac Murray Wayfarers Cove 1707 Bennett Road • Arapahoe,NC 28570 • 252.249-7424 • FOX:252.249.0504 • www.wayfarerscove.com c r URS URS Corporation 1600 Perimeter Park Drive Morrisville, North Carolina 27560 Telephone: 919.461.1100 Fax: 919.461.1415 March 18,2005 Peter MacMurray Minnesott Beach Developers, LLC 1107 Bennett Road Arapahoe, NC 28510 Re: Archaeological Sensitivity of Your Additional Property Associated with the Marina at Minnesott Beach. Dear Mr. McMurray: This letter is to summarize the results of my brief reconnaissance of the property you intend to develop associated with the Minnesott Marina. During our excavations at site 31 PM8 next to the golf course, you asked me to take a look at the property along the west side of Alligator Gut Creek where you are planning additional residential development. You and I walked the property so I could assess the terrain, vegetation, and evidence of prior disturbance. This was a visual inspection rather than a systematic survey. Based on my inspection, I can provide you with the following comments. There are two areas of the property that appear to be both archaeologically sensitive and not excessively disturbed. The general location and boundaries of these areas is depicted on the air photo on page 2 of this letter. One area is on the point of land at the mouth of the creek between your house and the dredge spoil settlement basin. The other area is on the higher ridge just west of the marina office and the south of the marina repair yard. These areas flagged as archaeologically sensitive are likely to contain one or more prehistoric archaeological sites. Other portions of your existing property have been disturbed by dredging, dredge spoil disposal, marina construction and previous land clearing. Any sites that once existed have likely been disturbed to the point they do not exist or are not significant. The adjacent property that you have under option extends north along the west side of the creek (now a small man- made lake) north of the earthen dam. After inspecting this area, I believe it has a lower potential for containing archaeological sites. The most sensitive terrain has been submerged by the lake, and the relative slope of the terrain adjacent to the lake is less conducive to prehistoric settlement. Respectfully submitted, URS Corporation Daniel F. Cassedy, Ph.D. Senior Archaeologist • : 1 Daniel Casse4 URS Corp 1 4 Sd i4 r t s y '1 < ate. `'-'• fi_ �'.fi � Arc h olEg .c ' ens1 ' Areas North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F, Easley, Govemor Charles S. Jones, Director William G. Ross,Jr., Secretary 20 July 2005 PAMLICO NEWS TIMES Post Office Box 510 Oriental,NC 28571 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 27 July 2005 edition of your newspaper. If it will not be possible to include this notice in that edition,or if you should have any questions about this notice, please call me as soon as possible at 948-3812. A 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 notices, and an original invoice to: JAYS POOLE NCDENR COASTAL MANAGEMENT DIVISION 1638 MAIL SERVICE CENTER RALEIGH,NC 27699-1638 Thank you. Sincerely, Sandra Gordon Secretary,Division of Coastal Management c: Doug Huggett Original faxed:- Original mailed: ��- No`hCarolina NatumQll 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 l FAX:252-948-0478 1 Internet:www.nccoastalmanaaement.nel) NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT EXPRESS PERMIT REVIEW PROGRAM The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 21 July 2005. According to the said application, Minnesott Beach Holdings, LLC proposes to construct Wayfarers Cove, consisting of 23 single-family lots, 48 town homes, 20 condominiums, a community center, pool, relocated boatyard, dockmaster/ship store office, several retail stores, access roads with parking areas, and place riprap along the erosion escarpment of the Neuse River, off SR 1121 at 1107 Bennett Road on the Neuse River and a manmade basin near the Community of Arapahoe at Minnesott Beach in Pamlico County, North Carolina. A copy of the entire application maybe examined or copied at the office of David Moye, 943 Washington Square Mall, Washington, NC 27889, during normal business hours. Public comments received by 21 August 2005 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. David W. Moye Express Permit Coordinator 943 Washington Square Mall Washington, North Carolina 27889 252-948-3852 PLEASE PUBLISH ON: 27 July 2005 `pl COASiq�� a i North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross,Jr.,Secretary 18 January 2005 Mr. Tom Hicks C/O Minnesott Beach Holdings, LLC 1107 Bennett Road Arapahoe, North Carolina 28510 Dear Mr. Hicks: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of Wayfarers Cove onsite your property located off SR1121 at 1107 Bennett Road adjacent the Minnesott Golf and Country Club on the Neuse River near the Community of Minnesott Beach in Pamlico County, North Carolina. It was received as complete on 21 July 2005, and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program. Under this expedited process, the projected deadline for making a decision will be around 20 August 2005. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. Sincerely, David W. lvfoye DCM Express Permit Coordinator Washington Regional office Enclosure Cc: Doug Huggett—Major Permits Coordinator, Morehead City, DCM Tere Barrett—District Manager, Morehead City, DCM Kevin Avolis, P.E. —Avolis Engineering, P.A., P.O. Box 15564,New Bern,NC 28561 943 Washington Square Mall,Washington,North Carolina 27889 Phone:252-946-6481 1 FAX:252-948-0478 1 Internet:www.nccoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper i t AMA PERMIT APPLIED FOR P ROJ CT: -%N!' \co c� copOSe� c.o+� +.:� ®. c�.�.n.�,-�►�J b v3t� con. 'moo\ , lactio.�y -�, c�►oc ►� •lcb:n s)mc%- o.c-c.sziS roans o.,%q per !3 or�,ey o rsQ ri pao.�� l ltA"%t .ft%c-w�" \k0'1 rime Alow.& 1121 o� �Na"�o.rQr� Cc�v� o.� �`A'• ae�. -)art\: SEE Z-7 Z UN Zoos E Di-T%o tN aF P t�ee�ttcu•New s T . Ux"l-Nct,tfc COMMENTSA C P E )U H za Zoos- APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: she�so'F� o �10\�� •�,s. Uc. _,r s�. i3V\O�N. thou E, FwA mst �rer+:� C SC+• .� b1V 1S10N OF CAA6'TAL MAN Afol�lAtNT Qr�oho t N C Z�351� ��13 �N ASH1N6To N SfilUA0.�. MALL 00 2s'L- L4 i. AVOLIS ENGINEERING P.A. 11.� P.O, Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068 July 8, 2005 Mr. Joe Clark 45 Indian Bluff Road Arapahoe, NC 28510 RE: CAMA Permit Wayfarers Cove, Arapahoe, North Carolina AE Project No. 05125 Dear Mr. Clark: Enclosed please find a copy of the above-referenced permit application for the referenced project which is to be constructed on the property adjacent to your property. Minnesott Beach Holdings LLC is required to notify riparian abutting property owners of the planned action. Please direct any comments you may have relative to this proposed action to Mr. David W. Moye, CAMA Permitting Office a the following address: Mr. David W. Moye Express Permit Coordinator NCDENR - Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Should you have any questions regarding this project, please do not hesitate to call. Sincerely, Kevin volis, P.E. Vice-Pr sident COMPLETE ■ Complete items 1,2,and 3.Also complete A. Signa e item 4 if Restricted Delivery is desired. X �nt ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, �_ or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Rem 1? ❑Yes If YES,enter delivery address below: ❑ No Mr. Joe Clark 45 Indian Bluff Road Arapahoe, NC 28510 3. Service Type It!Certified Mail ❑ Express Mail ❑Registered (A Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7099 3400 0011 0639 3614 (traanssfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540: AVOLIS ENGINEERING, P.A. P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068 July 8, 2005 Mr. Thelbert T. James, Jr. 244 River Drive Arapahoe, NC 28510 RE: CAMA Permit Wayfarers Cove, Arapahoe, North Carolina AE Project No. 05125 Dear Mr. James: Enclosed please find a copy of the above-referenced permit application for the referenced project which is to be constructed on the property adjacent to your property. Minnesott Beach Holdings LLC is required to notify riparian abutting property owners of the planned action. Please direct any comments you may have relative to this proposed action to Mr. David W. Moye, CAMA Permitting Office a the following address: Mr. David W. Moye Express Permit Coordinator NCDENR - Division of Coastal Management 943 Washington Square Mall Washington,NC 27889 Should you have any questions regarding this project, please do not hesitate to call. ��rely, LvirAvolis, .E. COMPLETE •N COMPLETE THIS SECTIONONPELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the Card to you. B. Received by(Printed Name) C. Date of livery ■ Attach this card to the back of the mailpiece, 1 or on the front if space permits. D. Is delivery address different from item 1? Y❑ s 1. Article Addressed to: If YES,enter delivery address below: ❑ No Mr. Thelbert T. James, Jr. 244 River Drive Arapahoe, NC 28510 3. Service Type CXCertified Mail ❑Express Mail ❑Registered IN Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) '❑Yes 2.TArtflilember 7099 3400 0011 0639 3621 (fn3nsfer from service iabeQ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M &3 AVOLIS ENGINEERING, P.A. -LJ P.O. Box 15564 • New Bern, North Carolina 28561 (252) 633-0068 July 8, 2005 Minnesott Golf& Country Club c/o Mr. John Gillikin 806 Country Club Drive Arapahoe, NC 28510 RE: CAMA Permit Wayfarers Cove, Arapahoe, North Carolina AE Project No. 05125 Dear Sirs: Enclosed please find a copy of the above-referenced permit application for the referenced project which is to be constructed on the property adjacent to your property. Minnesott Beach Holdings LLC is required to notify riparian abutting property owners of the planned action. Please direct any comments you may have relative to this proposed action to Mr. David W. Moye, CAMA Permitting Office a the following address: Mr. David W. Moye Express Permit Coordinator NCDENR - Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Should you have any questions regarding this project, please do not hesitate to call. Sincerely, rAvolis, .E. VPresident C6MPLETE THIS SECTION . . ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ^ Agent ■ Print your name and address on the reverse El Addressee so that we can return the card to you. Adelivery (P' to N e) C. Date of D livery, ■ Attach this card to the back of the mailpiece, r G— or on the front if space permits. J 1. Article Addressed to: dress different from item 1? ❑Yes If YES,enter delivery address below:.. ❑No Minnesott Golf & Country Club C/O Mr, John Gillikin 806 Country Club Drive Arapahoe, NC 28510 3. Service Type EX Certified Mail ❑Express Mail ❑Registered Return Receipt for Merchandise ❑Insured Mail t C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7099 3400 0011 0639 3638 (Transfer from service label) PS Form 3811,February2004 Domestic Return Receipt 102595-02-M-1540 AVOLIS ENGINEERING P.A. �> P,O, Box 15564 • New Bern, North Carolina 28561 (252) 633-0068 July 8, 2005 Mr. & Mrs. Myron Smith 811 Smith Drive P.O. Box 67 Atlantic, NC 28511 RE: CAMA Permit Wayfarers Cove, Arapahoe, North Carolina AE Project No. 05125 Dear Mr. & Mrs. Smith: Enclosed please find a copy of the above-referenced permit application for the referenced project which is to be constructed on the property adjacent to your property. Minnesott Beach Holding's LLC is required to notify riparian abutting property owners of the planned action. Please direct any comments you may have relative to this proposed action to Mr. David W. Moye, CAMA Permitting' Office a the following address: Mr. David W. Moye Express Permit Coordinator NCDENR - Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Should you have any questions regarding this project, please do not hesitate to call. Sincerely, vin Avolis, P.E. Vi -President SENDER: CCPPLETE-THIS SECTION COMPLETE THIS SECTION ON' DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig at re item 4 if Restricted Delivery is desired. X Agent ■ Print your name and address on the reverse (,�t ❑Addressee so that we can return the card to you. B. eceived by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. _l �-rn(�L(�e '1 L-0 1 D. Is delivery address different fr6rh Rem 41-� s 1. Article Addressed to: If YES,enter delivery addressielflt !r Mr- & MrS. Myron Smith , L2 811 Smith Drive P.O- Box 67 Atlantic, NC 28511 3. Service Type EXCertified Mail ❑ Express Mail ❑ Registered Return Receipt for Merchandise ❑ Insured Mail C.O.D. 4. Restricted Dglivery7(Extra Fee) ❑Yes 2. Article Number 7099 3400 0011 0639 3645 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1i540 FILEID in PAM-ICU Count V. NC on Soap 02 2001 st 0 IS PM by: Sly K WHITFUFU REGISTER IF DEE05 � I••'"� � � �� 600K 430 PAGE 308 �q.926.00 Ststo of PAMLICO North Caroline County Real Eat at o Exc;:: Tax NORTH CAROLINA PAMLICO COUNTY TAX PARCEL 4 THIS DEED, made this 31'` day of August, 2004, by and between KEITH A. WOLFENBARGER and wife JUDY H. WOLFENBARGER, citizens and residents of Pamlico County, North Carolina, NHNNESOTT BEACH YACHT BASIN, INC., a North Carolina corporation, and K& JW,LLC,a North Carolina limited liability company, collectively Grantors, to NIINNESOTT BEACH HOLDINGS,LLC,a limited liability company organized and existing under and by virtue of the laws of the State of Virginia, and authorized to do business in the State of North Carolina; whose mailing address is: lakp ey L44 ��c`2/C� , Grantee; WITNESSETH That the Grantors in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to them paid by the Grantee, the receipt of which is hereby acknowledged;have bargained and sold, and by these presents do bargain, sell, and convey unto the Grantee,its successors and assigns,the following described property,to wit: SEE EXHIBIT"A"ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE Prepared By _ Sumrell,Sugg,Carmichael,Hicks and Hart,P.A. RETURNED TO Attorneys at Law DATE RETURNED 416 Pollock Street New Bem, North Carolina 28560 s . BOOK 430 PAGE 309 TO HAVE AND TO HOLD the above described lot or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee:, its successors and assigns, in fee simple forever, subject to,the herein above mentioned encumbrances,if any. And the Grantors, for themselves, theirs successors,heirs and assigns, covenant to and with said Grantee,its successor and assigns,that they are seized of said premises in fee and have the right to convey same in fee simple; that the same are free from encumbrances except the herein above mentioned encumbrances, if any; and that they will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, KEITH[ A. WOLFENBARGER, and wife JUDY H. WOLFEBARGER,have hereunto set their hands and adopted as their seals the typewritten word "SEAL" appearing beside their names,this the day and year first above written. IN TESTIMONY WHEREOF, MINNESOTT BEACH YACHT BASIN, INC. has caused this deed to be executed in its name by its President, attested by its Secretary, and its corporate seal to be hereunto affixed,this the day and year first above written. IN TESTIMONY WHEREOF, KEITH A. WOLFENBARGER, and JUDY H. WOLFEBARGER,being all of the Members of K& JW, LLC,have hereunto set their hands and adopted as their seals the typewritten word "SEAL" appearing beside their names, this the day and year first above written. / By: (SEAL) (SEAL) KEITH A.WOLFE ARGER By: (SEAL) JUDY .WOLFENBARGtR T41NNESOTT BEACH YACHT BASIN,INC. PRESIDENT ATTEST: _ Y (S E . ,,... ..,,. f �, •off• f -2- ; o: � SEA ? CC. BOOK 430 PAGE 310 K& JW,LLC, A Limited Liability Company B�y (SEAL) KEITH A.WOLFENBAR ER,MEMBER By: Tu—'Oc' -H h SEAL JUDY WOLFENBARGEr4iMMBER N RTH CAROLINA 'r2Cc fJPs 1 COUNTY fQlCf, a Notary Public of the aforesaid County and State do hereby certify t KEITH A.WOLFEI�IBARGER and JUDY H.WOLFENBARGER, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument. 4 y hand and notarial seal,this / day of ,f �Z" ,2004. MSC%in sio'lal N(STARY PU6IC '�'• �BLIG NO TH CAROLINA r e. COUNTY F 1 �^ Notary Public of the aforesaid County and State, do hereby certify that �'. ,� personally appeared before me this day and acknowledged that he is the _ Secretary of NHNNESOTT BEACH YACHT BASIN, INC., a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by h�--self as its Secretary. ,��,.�� �'\(3�Y1.1x•/UL1lI�!��. my hand and notarial seal,this Jf day of 7 , 2004. ,pii ires: k��' . �xP — TARY PUBLIk�` t� 3 - ��'/el.�l COv rP/+aearabarose+t"'' BOOK 430 PAGE 311 NORTH CAROLINA COUNTY I4here , allotary Public of the aforesaid County and State do certify t� t KEITH A.WOLFENBARGER and JUDY H.WOLFENBARGER, Members of K & JW,LLC, a limited liability company, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal,this l day.of 2004. `e� saueuu+ Al iwrARY PUBL M , bmmissidn.11 es: �O TA,4y EXPIRES l.)S 'QL/8L1G :v Coo NORig' LINA PAMLICO COUNTY 4-l1 wit, 0 72 C. The foregoing certificate of a Notary Public of the foregoing County and State, is certi ed to be co c . 's instrument was presented for registration this day and hour and duly recorded in the Office of the Register of Deeds of Paunlico County,North Carolina, in Book� _, at Page This day of _,A.L).,2004, at ,3; QF o3clock-L.M. BY: RE(j-1-S-T#&OF DEEDS DEPUTY REGISTER OF DEEDS s\re\wolfenbwgervmbhol&gs.deed.dm 4 - BOOK 430 RAGE 312 EXHIBIT A Legal Description Parcel One All that certain tract or parcel of land lying situate and being in Number Five Township,Pamlico County,North Carolina, and more particularly described as follows: On the north side of Neuse River and west side of Alligator Gut and beginning at the intersection of the northern edge of Neuse River with the western edge of Alligator Gut, it also being grantors' southeast comer as shown on that map entitled"A SURVEY FOR JUDY H. WOLFENBARGER",by Robert M. Chiles,PE, dated March 1, 1979 and recorded in Map Book 12 at Page 34,Pamlico County Registry, and running thence from said POINT OF BEGINNING North 31 degrees 42 minutes 00 seconds West with the northern edge of Neuse River 344.75 feet; thence North 61 degrees 15 minutes 47 seconds East 159.93 feet to the southeast comer of Neuse River Drive; thence North 56 degrees 07 minutes 10 seconds East with the end of said street and its extension 80 feet to the southern edge of Alligator Gut; thence South 29 degrees 45 minutes 00 seconds East with the edge of said gut 45.70 feet to grantors' eastern line; thence South 07 degrees 19 minutes 00 seconds West with grantors' eastern line 378.22 feet to the POINT OF BEGINNING as shown on a survey and map dated December 7, 1993,prepared by A.Hugh Harris, Jr.,PE-RLS, entitled"A SURVEY FOR KITH WOLFENBARGER AND WIFE,JUDY WOLENBARGER (sic)", a copy of which is recorded in Plat Cabinet A,Slide 80-5.,Pamlico County Registry, and incorporated herein by reference. AS AN APPURTENANCE to the above described lot there is conveyed herewith a perpetual, non-exclusive easement for ingress, egress and regress over and along Neuse River Drive. Parcel Two All those certain tracts and parcels of land lying situate and being in Number Five Township, Pamlico County,North Carolina, and more particularly described as follows: TRACT ONE: Beginning at a point, it being the point of intersection of the eastern right of way line of N.C.S.R.#1121 (Bennett Place Road) and the northern right of way line of Neuse River Drive,THENCE from said point or place of beginning along the eastern right of way line of N.C.S.R.#1221 North 34 degrees 19 minutes 02 seconds East 418.29 feet, North 33 degrees 52 minutes 34 seconds East 188.21 feet,North 32.degrees 39 minutes 57 seconds East 98.46 feet to a point; thence leaving said right of way line South 55 degrees 46 minutes 03 seconds East 640.59 feet; thence South 31 degrees 10 minutes 38 seconds West 86.84 feet; then South 69 degrees 25 minutes 39 seconds East 815.20 feet; thence South 30 degrees 25 minutes 00 seconds West 486.77 feet; thence North 69 degrees 21 minutes 00 seconds West 111.05 feet; thence South 22 degrees 05 minutes 00 seconds West 300 feet; thence South 07 degrees 19 minutes 00- seconds West 1,219.90 feet to the mean high water mark of the Neuse River; thence North 32 degrees 28 minutes 27 seconds West 344.91 feet; thence North 37 degrees 41 minutes 46 BOOK 430 PAGE 313 seconds West 248.18 feet; thence North 48 degrees 48 minutes 16 seconds West 190.12;thence North 41 degrees 54 minutes 53 seconds East 330.53 feet; thence North 40 degrees 54 minutes 47 seconds West 502.44 feet; thence North 27 degrees 58 minutes 22 seconds West 273.58 feet; thence North 37 degrees 12 minutes 10 seconds`pest 564.17 feet to the point of beginning, containing 40.735 acres, more or less, in accordance with a survey for Minnesott Beach Holdings,LLC by Atlantic Survey &Design,PA,dated May 20, 2004, reference to which is hereby made . SAVING AND EXPECTING from Tract One above the following described property: On the north side of Neuse River and west side of Alligator Gut and beginning at the intersection of the northern edge of Neuse River with the western edge of Alligator Gut, it also being grantors' southeast comer as shown on that map entitled"A SURVEY FOR JUDY H. WOLFENBARGER",by Robert M. Chiles,PE, dated March 1, 1979 and recorded in Map Book 12-at Page 34,Pamlico County Registry, and running thence from said POINT OF BEGINNING North 31 degrees 42 minutes 00 seconds West with the northern edge of Neuse River 344.75 feet;thence North 61 degrees 15 minutes 47 seconds East 159.93 feet to the southeast comer of Neuse River Drive; thence North 56 degrees 07 minutes 10 seconds East with the end of said street and its extension 80 feet to the southern edge of Alligator Gut; thence South 29 degrees 45 minutes 00 seconds East with the edge of said gut 45.70 feet to grantors' eastern line; thence South 07 degrees 19 minutes 00 seconds West with grantors' eastem line 378.2;feet to the POINT OF BEGINNING as shown on a survey and map dated December 7, 1993,prepared by A.Hugh Harris,Jr.,PEAT entitled"A SURVEY FOR KEITH WOLFENBARGER AND WIFE,JUDY WOLENBARGER(sic)", copy of which is recorded in Plat Cabinet A, Slide 80-5, Pamlico County Registry, and incorporated herein by reference. AS AN APPURTENANCE to the above described lot there is conveyed herewith a perpetual, non-exclusive easement for ingress,egress and regress over and along Neuse River Drive. TRACT TWO: That certain easement, as described in the deed recorded in Book 200 at Page 152 of the Pamlico County Registry and being designated as "Hatched Area 1.620 Acre Easement Area"on the map referred to above. TRACT THREE: That certain easement recorded in Book 295 at Page 903 of the Pamlico County Registry. TRACT FOUR: Those certain easements described in the Deed of Easement recorded in Book 200 at Page 127 of the Pamlico County:Registry.