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20080010 Ver 1_CAMA Application_20080102
a~ c~.srar~i ,s s C. w1 a. ~ xp p$- pt~ ~ O 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 28 December 2007 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Cyndi Karoly ~pN 2 2008 Division of Water Quality -wA~.a~~ vrEn~+os AHO ~0~ FROM: David W. Moye Express Permits Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Stanford Holdings, LLC, c/o Robert (Trip) Forman, III Project Location: The project site is located at 25706 and 25712 NC 12 in Waves adjacent a manmade basin and access canal off Pamlico Sound in Dare County, North Carolina. Proposed Project: The applicant proposes to expand an existing kiteboarding business by replacing the existing dwelling and 2 storage buildings with an office/retail building, 14 - 2 bedroom apartments in a three-story building, and paved parking with 102 spaces. Please indicate below your agency's position or viewpoint on the proposed project and return this form to The Washington Regional Office by 18 January 2008. 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: SIGNED 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. 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Express Permit Review Program 1. APPLICANT'S NAME: Stanford Holdings LLC, c/o Robert (Trip) Forman, III 2. LOCATION OF PROJECT SITE: at 25706 and 25712 NC 12 HWY in the Village of Waves at Real Kiteboarding, adjacent a manmade basin and access canal off Pamlico Sound in Dare County, NC Photo Index - 2006: 174-7847; P-18,19, Q-18,19 2000: 174-2053; H-6 1995: 174-1799; H-16 State Plane Coordinates - X: 2,304,900 Y: 679,400 GPS Rover File #U091111B Rodanthe Quad. (lower right corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/17/07 09/11/07 Was Applicant Present - No Yes 5. PROCESSING PROCEDURE: Application Received -12/27/07 (revised) 12/03/07 Office -Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan -Dare County Land Classification From LUP -Uplands -Limited Transition, AECs -Conservation (B) AEC(s) Involved: CS (C) Water Dependent: NO (D) Intended Use: Commercial (E) Wastewater Treatment: Existing -Septic tank and drain field Planned -Enlarged septic tanks and drain fields (F) Type of Structures: Existing -Dwelling, 3 storage buildings, basin with bulkhead, docks and boat ramp Planned - 14-unit condominium, office/retail building, paved parking, single pile weather station (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other (84,945 ft2 highground (D) Total Area Disturbed: X1.95 acre 084,945 ft~) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: The applicant proposes to expand an existing kiteboarding business by replacing the existing dwelling and 2 storage buildings with anoffice/retail building, 14 - 2 bedroom apartments in a three-story building, paved parking with 102 parking spaces, and a wireless weather station on an existing 8" diameter piling 1 mile offshore. Major Modification -CAMA Major Permit No. 17-04 Stanford Holding, LLC c/o Robert (Trip) Forman, III Dare County Express Permit Review Program Project setting Kendall Turnage of Environmental Professionals, Inc., on behalf of Stanford Holding, LLC (c/o Robert Forman), has requested the attached application be processed under the Express Permit Review Program, for a major modification of the existing CAMA Major Permit No. 17-04 under the name of Stanford Holdings, LLC (aka Kiteboarding) for aretail/office building and a 14-unit 3 story condominium development under the name of Real Kiteboarding. The project site is located in the Village of Waves at 25706 and 25712 NC 12 Highway (across from Dare Building Supply), on a manmade canal and basin system off the Pamlico Sound in Dare County, North Carolina. CAMA Major Permit No. 17-04 was issued to Stanford Holdings, LLC (aka Kiteboarding) on 30 January 2004 for maintenance excavation in the manmade basin, bulkhead construction, 8 new drive on jet ski docks for a total of 10, and a concrete boat ramp. The permit was modified on 22 March 2005 to increase the width of the boat ramp as well as relocate it, add fixed docks along the east and south sides of the basin, and extend the bulkhead on the north side of the basin by 60'. A second modification was issued on 12 April 2005 to construct breakwaters on both sides of the access channel into the Pamlico Sound. All work authorized by the original permit and subsequent modifications have been completed. Several General Permits have also been issued on the site to allow seasonal use of floating ramps and jumps in the sound adjacent to the project site. These floating structures are currently anchored in the basin. The applicant is currently working on constructing a commercial retail building (described in the application) outside of Coastal Management jurisdiction. The applicant's parcel of land incorporates 2 tracts of property, comprises a total of ±3.48 acres, and is the current location of Real Kiteboarding. Real Kiteboarding is a wind surfing business with training classes and rentals of wind surfers and jet skis. Currently, 10 jet skis are available for rent and are stored on floating drive on docks in the basin. In addition to the existing development identified above are a house used as the office, three storage buildings, and a gravel drive and parking area. The waterward (west) third of the property is designated as Section 404 wetlands by Tom Steffens of the U. S. Army Corps of Engineers. A large portion of this 404-wetland area has also been delineated as Coastal Wetlands, vegetated with Spartina alterniflora, S. Major Modification - CAMA Major Permit No. 17-04 Stanford Holding, LLC c/o Robert (Trip) Forman, III Dare County Express Permit Review Program Page Two cvnosuroides, S. patens, and Distichlis spicata. With the exception of the southern boundary of the site, the Coastal Wetland area is routinely mowed and used as a training area for wind surfing. The remainder of the site is mostly uplands and is mowed lawn grass with ornamental shrubbery around the office (house). An area of mixed hardwoods is present along the south property line with cedar, live oaks, pines, and an under story of green briar bay. There is a small finger of Coastal Wetland vegetated with S. cvnosuroides and S. patens projecting into the upland mowed area along the southern property line boundary immediately south of the existing boat ramp area. The project site is bordered to the north side by a developed property with a commercial store, single-family dwelling, several out buildings and a manmade basin connecting into Pamlico Sound. The adjoining property is vegetated similarly to the applicants. The site is bordered to the south by a developed lot with asingle-family dwelling and vegetation similar to the applicants. The site averages ±4' above the normal water level. The Estuarine Water of the Pamlico Sound in this area is classified as SA by the Environmental Management Commission and is open to shellfishing. Project description The applicant proposes to redevelop the site by removing the existing house and storage buildings. As previously described, a ±90' by ±175' commercial building is currently under construction just outside the 75' Coastal Shoreline Area of Environmental Concern (AEC). The existing elevation of the property at the commercial building location will be raised ±4' for a finished floor elevation of ±9.35'. The applicant proposes to construct a ±70' by ±104' three-story apartment building containing 14 - 2 bedroom units for employee rental housing, with paved parking under the building on the first level. Approximately 92' of retaining wall is proposed adjacent the apartment building along the north property line. Additional paved parking is proposed onsite for a total of 102 spaces. A portion of the apartment building and adjacent parking lot are within the 75' Coastal Shoreline AEC. The parking lot proposed west of the commercial building is identified on the plats as spaces 19 through 62 (43 spaces) and will be constructed of porous pavers identified as Turfstone. The remaining spaces will be paved with asphalt or concrete with the exception of 9 spaces identified on the plat as spaces 94 through 102, which will be grass pavers. Major Modification - CAMA Major Permit No. 17-04 Stanford Holding, LLC c/o Robert (Trip) Forman, III Dare County Express Permit Review Program Page Three Approximately 244.6' of retaining wall is proposed adjacent the new Turfstone parking area. A wireless weather station is proposed, attached to an existing 8" diameter piling located due west of the project site, in the Pamlico Sound ±1 mile offshore. The applicant proposes to construct a wastewater system utilizing a Bioclere sewage disposal system with a drainfield onsite. The total amount of disturbance for the project site is ±1.95 acres (±84,945 ft2), which is ±56% of the entire site. The total impervious coverage for the site is ±39,716 ft2 or 26.2%. As proposed, ±11,040 ft2 or 16% of impervious surface is proposed within the 75' Coastal Shoreline Area of Environmental Concern (AEC). No impervious surface is proposed within 30' of the normal water level. Anticipated impacts The project as proposed will result in the disturbance of ±84,945 ftZ (1.95 acres) of uplands as a result of the development activities. The project as proposed will result ±11,040 ftZ of impervious surface within the Coastal Shoreline AEC. David W. Moye - 27 December 2007 i ,. LAMA MAJOR EXPRESS PERMIT NARRATIVE REAL KITEBOARDING WAVES, NC 1. APPLICANT: Stanford Holdings, LLC (owner) c/o Robert S (Trip) Forman, III Real Kiteboarding Attn. Trip Forman PO Box 1614 Buxton, NC 27920 P-252-305-6596 2. Property: 25706 NC Hwy 12, Waves, NC Approximately 3.48 acres with an existing boat basin, bulkhead and existing buildings. The site is developed with an existing dwelling and accessory buildings. 3. Purpose of Development: Modification of Existing CAMA Major permit # 17-04. Proposed work includes demolition of all existing highground structures and redevelopment of site for mixed use (commercial and residential) purposes. Current use is for kiteboarding sales and training. Building number 1 on plans is currently under construction The proposed redevelopment will bring the site into conformance with all county zoning ordinances and will remove several non-conformities at the site. The attached plans by Massey Design & Associates (Sheets C-1, C-4.1 and C-4.2) show the proposed development of the site. Building # 1 Currently under construction outside AEC for retail, training classrooms and warehouse complex to continue current use. Building also proposes to house three small accessory units for lease (Kayak Rental, Deli, Massage, etc.). Building # 2 Fourteen 2 Bedroom apartments for employee rental housing. Portions of required parking to be located underneath proposed building. Septic system Centralized onsite sewage system is proposed. The 5749 SF Active septic system field will utilize a Bioclere septic system to serve all wastewater treatment for the site. A septic 4506 SF Repair Area is also provided. Development will also provide for onsite stormwater management and infiltration (for a site that currently only has sheet flow measures). 4. Receiving Stream: Man-made boat basin and canal off of Pamlico Sound Waterbody Classification: SA; HQW 5. Site soils: Duckston, Newhan, Carteret f , ~• 6. PROPOSED DEVELOPMENT: • Remove all existing buildings and sheds (and foundations) • Remove all existing utilities in disturbed/ redeveloped area • Re-grade site and install stormwater basins and infiltration systems. • Construct Building 1 and Building 2 • Construct parking areas • Install septic system • Construct a 244.6 LF and a 92 LF Retaining wall landward of all wetland areas. • Re-vegetate all disturbed areas • No new proposed structures or impervious area proposed within the 30-foot buffer • Boat ramp and gravel boat access to remain undisturbed • Install weather station on existing 8 inch piling approximately one mile west of existing boat basin at Lat/Long coordinates N 35d 34.005' W 75d 29'311' for monitoring of wind velocity and directions for kiteboarding activity area and instruction Silt fencing will be installed just landward of the entire the 30 ft AEC to prevent siltation of surface waters prior to any land disturbance. STORMWATER TREATMENT: The stormwater system design is proposed in a manner which infiltrates as much stormwater as possible. Three stormwater management areas are proposed, two above ground and one underground. Two vegetated stormwater bypass swales will be required per engineering specifications. No new impervious areas are proposed within the 30-ft AEC Buffer and all stormwater conveyances within this buffer will be limited to sheet-flow only. See plans by Massey Design and Associates for details and locations of stormwater infiltration features Environmental Professionals Inc. Kendall Turnage 12/ 18/07 ~Y Cwa. Fx.p oe-oo~o APPLICATIONfor Maior Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 7. Primary Applicant/ Landowner Information Business Name Real Kiteboarding (Stanford Holdings, Llc) Project Name (if applicable) Real Kiteboarding Applicant 1: First Name Robert (Trip) MI S. Last Name Forman III Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 47170 Hwy 12 PO Box 1614 City Buxton State NC ZIP 27920 Country US Phone No. 252- - 305 - 6596 ext. FAX No. 252 - 995 - 6597 Street Address (if different from above) City State ZIP Email trip@realkiteboarding.com 2. Agent/Contractor Information Business Name Environmental Professionals, Inc. Agent/ Contractor 1: First Name MI Last Name George H Wood Agent/ Contractor 2: First Name MI Last Name Kendall E Turnage Mailing Address PO Box City State PO Box 3368 3368 Kill Devil Hills NC ZIP Phone No. 1 Phone No. 2 27948 252 - 441 - 023 9 ext. - - ext. FAX No. Contractor # 252 441 0721 Street Address (if different from above) City State ZIP 1404 South Virginia Dare Trail Kill Devil Hills NC 27948 - Email environmental pro@earthlink.net <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for , ~,, Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Dare 25706 and 25712 NC Hwy 12 NC HWY 12 Subdivision Name City State Zip None Waves NC 27982 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 995 - 6596 ext. N/A, , a. I n which NC river basin is the project located? b. Name of body of water nearest to proposed project J r0~s 110 Pamlico Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ®Manmade ^Unknown PamliCO Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ^No work falls within. DARE COUNTY 4, Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Approx 920 ft. Approx. 3.48 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.67, 2.81, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0-8 ft ^NHW or ®NWL e. Vegetation on tract Coastal wetlands, Myrica cerifera, landscaped lawn f. Man-made features and uses now on tract 1 house foundation, 1 retail/training facility (currently under construction outside of the 75 ft Coastal Shoreline Area of Environmental Concern), bulkhead, boat ramp, paved driveway, house and three sheds g. Identify and describe the existing land uses adjacent to the proposed project site. residential, vacation, commercial h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? S-1 (Attach zoning compliance certificate, if applicable) ®Yes ^No ^NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ^Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ^Yes ®No ^NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ^Yes ®No ^NA National Register listed or eligible property? <Form continues on next page> ~ Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ^No (ii) Are there coastal wetlands on the site? ®Yes ^No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ^No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. septic tank(s) o. Describe existing drinking water supply source. Dare County Water System p. Describe existing storm water management or treatment systems. None existing 5. Activities and Impacts ' a. Will the project be for commercial, public, or private use? ®Commercial ^Public/Government ^Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Project will serve as a Retail Space and training facility for kiteboarding, parking, septic system installation, small restaurant and other amenities supporting the existing uses. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Equipment may include a backhoe, front-end loader and dump truck. Equipment to be stored onsite during construction. Please see Narrative for detail. d. List all development activities you propose. Please see Narrative for description of proposed activities e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 84,945 ®Sq.Ft or ^Acres g. Will the proposed project encroach on any public easement, public accessway or other area ^Yes ®No ^NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. surface runoff, most stormwater infiltratedin onsite on highground basins to meet NCDWQ stormwater rules and permit conditions, overflow swale and routes are provided in for etraordinary high rainfall events. i. Will wastewater or stormwater be discharged into a wetland? ^Yes ®No ^NA If yes, will this discharged water be of the same salinity as the receiving water? ^Yes ^No ^NA j. Is there any mitigation proposed? ^Yes ®No ^NA If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for ~. Major Development Permit 6. Additionallnformation In addition to this completed application form, (MP-i) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (!) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Joseph and Kellie Keily Phone No. N/A Address 4 HighglandPlace Asheville NC 28804 Name Asa H Gray III Phone No. N/A Address PO BOX 619 Rodanthe, NC 27968 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Pertmit # 17-04 NCDLQ # 2006-016, NCDWO # #SW 7060623 CAMA general permit # 33096A Army Corps JD Action ID #SAw- 2007-02743-128 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves e~enditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. . , /- Date x~ /~, 7 Print Name f~ e,~~~~2 i / Tu ~,n ,~ -/~ ~ , „~~ -'7, ~- ~~ Signature cs-r~:~ -~:~.,~~<,- ~.,-l~.c--«~~ v' ,J Please indicate application attachments pertaining to your proposed project. ^DCM MP-2 Excavation and Fill Information ^DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information v Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. ~ GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. Retail building currently under construction, residential building proposed, Parking areas, 244.6 LF Retaining Wall, 92 LF Retaining Wall, Active Septic and Repair Areas, Stormwater Mangement Areas c. Density (give the number of residential units and the units per acre). 14 units on 3.48 acres (4.02 per acre), All located in one building e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land-disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes ^No ^NA (ii) If yes, list the date submitted: NCDLQ Permit # 2006-016 approved July 7, 2006 b. Number of lots or parcels. 2 d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 84,945 SF f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Asphalt, turfstone, grassed pavers and concrete g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 16% i. Give the percentage of the entire tract to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 26.2 j. Describe proposed method of sewage disposal. Bioclere sewage disposal system with drainfield I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, 'tivash down" and residential discharges). surface runoff h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes ^No ^NA (ii) If yes, list the date submitted: modification requested October 23,2007 NCDWQ Project # SW7060623 k. Have the facilities described in Item (i) received state or local approval? ^Yes ®No ^NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ®Yes ^No ^NA If yes, attach appropriate documentation. m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Dare County water system o. When was the lot(s) platted and recorded? 0.67 acre parcel recorded 3/4/04; 2.81 acre parcel recorded 11/15/02 n. (i) Will water be impounded? ^Yes ®No ^NA (ii) If yes, how many acres? N/A p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ^Yes ^No ®NA Date Real Kiteboarding Project Name Stanford Holdings, LLC Applicant Name _/'~'~/~ t/lTy E'vr'f~ Applicant Signature ~ ~ Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/manna: ^Commercial ^PubliGGovernment ^Private/Community ®This section not applicable b. (i) Will the facility be open to the general public? ^Yes ^No c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width (v) Floating ^Yes ^No e. (i) Are Platforms included? ^Yes ^No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ^Yes ^No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (ii) Number of slips existing 0 i. Check the proposed type of siting: ^ Land cut and access channel ^Open water; dredging for basin and/or channel ^Open water; no dredging required ^Other; please describe: k• Typical boat length: m. (i) Will the facility have tie pilings? ^Yes ^No (ii) If yes number of tie pilings? d. (i) Are Finger Piers included? ^Yes ^No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ^Yes ^No f. (i) Are Boatlifts included? ^Yes ^No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ^ Full service, including travel lift and/or rail, repair or maintenance service ^ Dockage, fuel, and marine supplies ^ Dockage ('beet slips") only, number of slips: ^ Dry storage; number of boats: ^ Boat ramp(s); number of boat ramps: ^ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? ^Yes ^No 2~2-808=808 .; °1-BSS-~RCOAS7 .`. ~,ntvvw.rlccoasailtxte~~~r~~ ~~~ise. °i~l~?106 2. DOCKING FACILITY/MARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the proposed project. ^ Office Toilets ^ Toilets for patrons; Number: ;Location: ^ Showers ^ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. ®This section not applicable f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. 9• Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Glve the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. 1• What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ^Yes ^No ~'-~`"':t'°~ ';~ . "° ~"~;~~-~~:t"}~aS'7" .. ~rvvvw.r€ctia°~ ='4~frnan~~x r,;, . n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ^Yes ^No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ^CW ^SAV ^SB ^WL ^None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ^Yes ^No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ^Commercial ^PubliGGovernment ^Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This ection not applicable a• Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING P/LINGS and BUOYS ®This section not applicable a. Is the structure(s): ^Commercial ^Public/Govemment ^Private/Community a Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b• Number d. Description of buoy (color, inscription, size, anchor, etc.) ;~~2-t3-~5 :a mS~>~#C~A~"E' ~; avyu.~c~:c~asttr~a~zac~~°+~~. ; .,~ AevP~e; ~~1~7?C36 a. Proximity of structure(s) to adjacent riparian property lines open water siting approximately one mile west of existing basin Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body ApproX. 16 mIIBS b. Proximity of structure(s) to adjacent docking facilities. approx 5,280 feet d. Water depth at waterward end of structure at NLW or NWL 3.9 ft e. (i) Will navigational aids be required as a result of the project? ®Yes ^No ^NA (ii) If yes, explain what type and how they will be implemented. White reflectors already exist on piling for safety 8. OTHER ®This section not applicable a. Give complete description: Proposed Weather Station will be installed on an existing 8 inch piling approximately one mile west of existing basin at Lat Long Coordinates: N 35d 34.005' W 75 29.311' Piling currently has white reflectors on sides of piling for nighttime visibility. ~~ ~~8~0 7 Date ~.E'.ij,~ kt'IC'f~ ea/~~ t7 Project Name Sf~~~~ ~e~~~~~, GLC Applicant Name Applicant Signature ~a2-SCf-~~C~ : °-~~5-•&RCt?liS~" ~::avwyv.ccz~a~tadm~r~~~~rrss~°•°. ~ ~~° r~v~s~c~: 11~'~?f3t3 _ _ .._ • r M•&a,~~sbt'r ~'- ~6/S i 3NI73J1 o~ ~ o< ur r~ ~~ I I i ' r~ l r r t ~ fi r r' 1~ ~~ e o t r 1 i t '63b3h l ~63A3N. r i i t r11 7 J t ~' d Sty ~/'' . •• MFZ82 s6•~ ' 4 n abb~LoOt r •% ~n~s6 1 n_ ~'~, Z ow ~ Y N ~~•}OQ~, ~u2 o zZZ=o Woo V WW~~(]~d 7°23'02" ti_""'~ '. O o0 C G vi ,~ c ~ -S 2 y .~ .D p c 2 °'S ~ ~ y ~ ~ ~ c •~ O N H d A~ ~ y ~~~~3~ ~~ A N d a u A C] v V r ~ ~ ~ tj~ ~C ~•'~ t0 ~ d M of N w ~ '`'~ W 01 Q' ~ ~f e~1 M C ~ ~ ~ Ul V T o u '1 C ~ ^ et ('Y ~ v a0 °~ m• m ~~~,:c~ r„ rv f*Y K m U M M r,1 E d N M d m O w ~ M t+1 W N C' .- O M H 0 ' C ~ . M 1 t!1 V1 V ~O tD ^ ~ t'1 M ~Q ~ . . ,,, n e .~ ~r a• cn in ~ w w W w ' w e c c t W q tf1 N M O V' ~.O Cp G M ~ ~ n N ~ M ~ Q o st t\ t/1 O <t h ~ O 1' n e0 <}' N O f^- ~ N M ~ ~/'1 lD CG O] to GO LU O] O] E O ti m m m m m m m ~ ~ v w ~ rn a E ~= r°~. a~ ~ ~ ~ ~ ai o c fti L W I C °~ vi U X ~ .~ O. ~ .'C.+ ~ 7 row,,,, b ~ C W ~ 0 3~ u c •^ ~ o ~p v rfl .a O O ~ '^ Z ~. C VO' C.a'-^ iv O~-p O 7 O a o e~~ ~+ ~ "i' o~ V ~ i- O A O y ~ v oo c s, n r0 •¢ ~ ~• i ~.~ vrm~ ~ N .~ ~ ~ ~ C •~ ~ ~ ~ ~ yby ~ G ~ o ~ b ~ :~ g z .°.3 ~~ ro .o 'o o .S ~ o '~ -o v L° " is E ~« c ro '}~ b.33 v o b•v.o ~ ~~ 15'.3~:Jd J V O 0 -~~ z T z 0 Q U O 0 3 Z o ~ u' vi 5 N z Q ~ ~ s 3 ~s.~,~ r- L', ~'~-~ N .r,~ ~N~?OS 0~171n/bd J~Nb1.lb ~ V z vas ~ O ~ hi •~ 1 ~ vaS I l s s ~. Iii v o ~ r ~ ~• `~ G w ~ ~ m v `d c O V w o ~ ~ _ a i n x M ~ A C~ :C O w w W tJ ~ N w y ` ? ' OG w Q ~ v ~ a0o .A a ~ i ~ n. '~ _' a+ vii O ~ 'D ~ ~ ; ~ vs ,~ ~„~ ~nm C ~ ~- UVm > a -°J E °y b° o °- Q ~ sa ~" C~C a`, E ~ H ~ ~ ~ ~ ate.. G ..G ~ ~ ~ ~ V a c ~ ~ ? d ~ ~ c a m O o ~ ~ c -n 0 = r z .- ~ ~ ry ~ v , N ~ to U U T T or~ ~zz W ~ .~'- O '11 N N V' st t°'r1 •~7 M t/'1 ~ ~ O~ m O O ~ Vh' C Z o a ~ rn rn d - ~~ w w V U Q d a 0. `+.. I K" • 1' N Q `V 'O b •.:;, NOTE:1: INTERLOCKING SPLIT BLOCK RETAINING WALL TO BE USED WHERE-CONTRACTOR IS UNABLE TO PROVIDE 3:1 SLOPE. NO FILL PERMITTED IN DESIGNATED WETLANDS. OWNER TO STAKE WETLANDS PRIOR TO CONSTRUCTION. 2: CONTRACTOR TO CONTRACT ENGINEER TO FIELD VERIFY,THAT THE PROPER FILL MATERIAL HAS BEEN PLACED ON-SITE PRIOR TO THE BASE AND GRASSPAVE 2 SYSTEM BEING PLACED. 3: INTERLOCKING RETAINING WALL TO BE INSTALLED AS PER MANUFACTURER INSTRUCTIONS.- LIGHT DUTY POST AND RAIL INTERLOCKING Q~.p~y\ SPLIT BLOCK ~~0. RETAINING WALL _ o~ .1T ~` ..4 , - M •. d•y' / c ~ a2 ,.. 12" STONE --'-'^" BASE COMPACTED TO 95°~° SECTION E-E (NTS) SPLIT RETAINING WALL GRASSPAVE 2 SYSTEM 8" WASHED # 57 STONE BASE WAPPED IN GEOTEXTILE FABRIC COMPACTED SUBGRADE. ALL FILL MATERIAL TO BE SP SAND AND IN GENERAL CONFORMITY TO EXISTING MATERIAL FROM THE SITE. ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment 1404 SOUTH VIRGINIA DARE TR. P.O. BOX 3368 KILL DEVIL HILLS, NC 27948 (252)441-0239 (252)441-0721 (FAX) DRAWN: KT DA TE.• 12/17/2007 REV. NONE CROSS SECTION OF EXISTING PILING AND PROPOSED WEA THER S TA TION _ -- PROPOSED ~ ~A AO~R (WIRELESS) 6 ft ~ - WHI ~ REFLECT0R5 ~tlP•~ EXlST1NC PILING NWL PAMLICD SOUND LDCA770N OF fX1SANG P1UNC AND PROPOSED H£A7NER SlAAON N 35d 34.005' W 75d 29.311' SUBS TRA TE ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment 1404 SOUTH VIRGINIA DARE TR. P.0. 80X 3368 KILL DEVIL HILL5, NC 27948 (252)441-0239 (252)441-0721 (FAX) ORAIiN.• KT DATf.• 12/18/2007 RENSIONS NONf SCALE.• 1 inch = 5 ft rernlit l.lass .. NEW AA4 .L =r.; •. . STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Permit Numb?r 17-04 Coastal Resources Commission P~11~it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 . X Excavation and/or filling pursuant to NCGS 113-229 Issued to Stanford Holdings, LLC (aka Kiteboarding), 84 Garner Lane, Bayshore, NY 11706 Authorizing development in Waves workplan drawings (8), 4 dated received 9/3/03, 1 dated 9/2/03, 1 dated 8/14/03, 1 dated 7/16/03 and 1 dated 5/19/03. This permit, issued on January 30, 2004 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Maintenance Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between March 1 and October 31 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) The spoil disposal area must be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 3) Excavation will not exceed -3 feet below the normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) finis permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on . ,: ~: December 31, 2007 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. '~~"e County at man-made basin adj. to the Pamlico Sound as requested in the permittee's application dated 8/29/03, including attached Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ~~,~ ~~ .~ ,~ Char s S. Jones, Acting Director Division of Coastal Management This permit and its conditions are hereby accepted. .. , .- ... _v ... Signature of Permittee ,Stanford Holdings - : ~ - ~` ~" _ - . Y. Permit #17-04 Page 2 of 4 ADDITIONAL CONDITIONS 4) No excavated or fill material will be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). ~) All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 6) The disposal area will be constructed a sufficient distance from the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 7) No spoil material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. Shoreline Stabilization _. S) The bulkhead will not extend waterward more than an average of 5 feet from the normal water level. 9) The bulkhead must be constructed prior to any backfilling activities. 10) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through t' structure. 11) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 12) The fill material will be clean and free of any pollutants except in trace quantities. 13) -- No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 14) The authorized boatramp must be poured on an upland location and pushed into place once hardened. No live concrete may come into contact with any surface water. Personal Watercraft Doclcin~ Facility 15) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating~~or"`'~ stationary;`F"may become a'permanent part=' of `this'' docking' facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public tn~ waters without permit modification. ~ _ .........-n,-: „-. ::: -ter. ~[~-~^c^^~m>~:hwy.,-N+,.~~^-0-0.a,.-~4~N:.ti:,t,N..}M'.44M~^<_,...,-0.CS¢,.,d, ... Stanford Holdings ~ ~`' ` ~, , , . ~ ~'°°"' Permit #17-04 Page 3 of 4 ADDITIONAL CONDITIONS ~~ 16) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 17) The authorized structure and associated activity must not cause an unacceptable interference with navigation. 18) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 19) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. edimentation and Erosion Control 20) All disturbed areas must be provided a ground cover sufficient to restrain erosion shall be provided within 15 working of completion of any phase of grading on cut or filled slopes. 21) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). 22) The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. General 23) In accordance with commitments made by the pennittee, conservation easements or deed restrictions shall be placed on all remaining wetlands on site (approximately 29,991 sf). Such easements and/or deed restrictions shall be in place prior to the filling or excavation of any wetlands. 24) -The construction and/or operation of the authorized facilities shall not directly result in any closure of any waters that are open to the taking of shellfish. Any such closure directly attributable to the authorized facilities will require that the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. - ., _„ .r ..:-.:: Stanford Holdings ,:. ; •.._ Permit #17-04 Page 4 of 4 ADDITIONAL CONDITIONS 25) Prior to the initiation of any development authorized by this pernlit, the permittee shall schedule and coordinate apre-construction meeting with a representative of the Division of Coastal Management. The meeting shall also include the dredge contractor. The locations of the approved pier, boat ramp, personal watercraft slips, and bulkhead alignments, shall be approved by DCM staff at this meeting. 26) No excavation or filling activities shall take place outside of the alignment of the area indicated on the attached workplan drawings. 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) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project by way of a General Water Quality Certification (DWQ Project No. 031463), which was issued on 11/12/03. No. 030313. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of GP 1982002''" (COE Action ID. No. 200410837), which was issued on 11/30/03. DIVISION OF COASTAL MANAGEMENT AGENCY FORM FOR PERMIT APPLICATIONS QU~~ S_ hxGM~J I~' for Stanford Holdings, LLC., owner of the property located at: (property owner or owner's representative) 25706 and 25712 NC Hwy 12 in Waves NC (property location/address) do hereby authorize lnvironmental Professionals Inc. (}game of person or company acting as agent) to act as my agent for the purpose of obtaining any required CAMA permits that may be needed for the proposed development at the above-indicated property. My project entails: (describe proposed development for which permits are being sought} This agency authorization is limited to the specific activities described above, and will expire on: (date on which agency authorization expires } ~r3C-~ S_ ~-vv.~n+~ --rr (printed name of owner) ~lZl~~- (date} 2sz - 3as - ~S~ib (day-time phone number) ~ i'Y!~ f'}'1~3~~? (tale, if officer of corp. owner or trustee for property) AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Landowner of record authorizes Environmental Professionals, Inc. to: enter the property to gather environmental and site information, including delineation of environmental regulatory jurisdictions; 2. enter the site with the regulatory agencies (i.e. U.S. Army Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.) as needed to review regulatory alignment(s) and to identify additional regulatory jurisdictions; submit plats and other information to acquire regulatory agency confirmations and/or approvals (U.S. Army Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.); and 4. provides authorization for Environmental Professionals, Inc. to act as your agent for the purposes of obtaining environmental permits and/or authorizations. . lJ ate D e a J ENVtitONMENTAL PROFESSIONALS INC.-____ PLANNING FOR A BETTER ENVIRONMENT October 24, 2007 CertiEed/Returned Receipt Requested Mr. Joseph K. Kiely 4 Highland Place Asheville, NC 28804 Dear Mr. Kiely, Attached you will find plans for the construction of two buildings, associated parking, and sewage disposal for commercial and residential facilities associated with Real Kite Boarding in Waves, North Carolina. In accordance with the guidelines by the North Carolina Division of Coastal Management, we are notifying you as adjacent riparian property owners of the plans for these improvements. Should you wish to make comment regarding the proposed developments or have questions, do not hesitate to contact me. You may contact the North Carolina Division of Coastal Management, attention Mr. David Moye at 252-948-3852. Please provide your comments or questions within thirty days from the date of the notification. We appreciate your consideration of this request and are ready to answer any questions that you may have. Sincerel , Envir ental Professi nals, inc. e ge H Wood, C P, PWS Attachment: a/s I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence. O. BOX 3368 KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • FAX: 252 441-0721 EMAIL: environmentalpro®earthlink.nett 441-023. i~ ~~... ~~ 1 ENYIRONMENTAI, PROFESS[ONALS - = ~~ INC:.~~~::: PLANNING FOR A BETTER ENVIRONMENT October 24,L007 Certified/Returned Receipt Requested Mr. Asa H. Gray, III P.O. Box 619 Rodanthe, NC 27968 Dear Mr. Gray, Attached you will find plans for the construction of two buildings, associated parking, and sewage disposal for commercial and residential facilities associated with Real Kite Boarding in Waves, North Carolina. In accordance with the guidelines by the North Carolina Division of Coastal Management, we are notifying you as adjacent riparian property owners of the plans for these improvements. Should you wish to make comment regarding the proposed developments or have questions, do not hesitate to contact me. You may contact the North Carolina Division of Coastal Management, attention Mr. David Moye at 252-948-3852. Please provide your comments or questions within thirty days from the date of the notification. We appreciate your consideration of this request and are ready to answer any questions that you may have. Sincerely, Env' nmental Professio als, Inc. rg H. Wood, CEP, PWS Attachment: a/s I have no objection to the project described in this correspondence. I have objection to the project described in this correspondence .............._ - -- ---.._....._....,-,mr _ ..., ,.,: .O. BOX 3368 KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • FAX: 252 441-0721 EMAIL; environrr~entalproC~earthlinlc.net2 441-023.9 ^ Complete items 1, 2, and 3. Also complete item~4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Asa H. Gray, III P.O. Box 619 Rodanthe, NC 27968 A. Signature X ~ ^ Agent ^ Addressee B. ceiv y Tinted Name) C. D to of elivery D. Is delivery address dill ent from item 1? Ye If YES, enter delivery address below: ^ No 3. Service Type Certified Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes - 2. Article Number 7 p p 4 116 0 O 3 (] 6 4 2 31 6 3 6 4 (riansfer from service label) PS Form 3811, February 2004 Domestic Retum Receipt ~+, -C'~~ "~ ~- J"T iozsss-0z-nn-tsao ~~ n,.-~.~, ,~ ._ ,-, ra r~i.. x . ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can retum the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Dr. Joseph K. Kiely 4 Highland Place Asheville, NC 28804 A. Signatur4 X ~ti l~`Agent ~ Addressee B. Receiv bjt (P ted of Delivery 1 1 D. Is delivery,address different from item 1? ~^ Yes If YES, enter•delivery address below: ^ No 3. ervice Type Certified Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number (Transfer from service label) 7 0 4 116 0 0 0 0 6 4 2 3 5 319 2 PS Form 3811, February 2004 Domestic Return Receipt ~'7 -C~ Q•-/~7~ tozsss-0z-M-tsao Fll~d 6opk: 7461 Papa: 107 Ooo Id: 6080763 Ii/16l2002 06: 10PN Raoalpt ~: 66763 Doo Coda: DEED NC Exol a Tax pd: 5760.00 fiRR6ARR M GRHY. REGISTER OF DEEDS DARE CO, NC IIIIII IIIII III' 1IIIII Iilllll IIII I{III III ~ll'I III I~~I 608 67002 06 13P11 by and betwcxl~:LELD Ii,.14fIDGETT aad:vaife f.1.f'l:p-N H- MIDGETT patties of the first part; and STAP~Oi~.~H,OLDINGS, LC:a~Norifi:Caiolina limited liability company, having an address of ~&4,Cdruu'L.ane, Bay Shotz, New.,Yotk 11706, party of the second past; ~~• WIT'iV"ESSETH: That the parties of the Fust part is consideration of the sum of Ten I~llars ($10.00) and other good and valuable considerations to said pames paid by the party of the second part, the receipt of which hereby is acknowledged, have bargained and sold and by thCSc przsents do bargain, sell and convey unto the party of the second par[, said party's successors and assigns, the following described property, to wit: All that tract and pan:cl of ]and lying and being sim:ue in Kinnalsztt Township, pare County, Notch Carolina and being snore patsiculazly described on Exhibit A attached hereto and incorporated by reference herein. TO HAV& AND TO HOLD said properly and all privileges and appurtenances thereunto belonging [o the parry of the second par[, said pasty's successors and assigns forever. Prepared by Ward and Smith, P.A., 1W1 College Court, IVew Besi[, NC 28562-4972 No opinion on [itlt is rendered by Ward and Smith, P.A. without a separate wriltea opinion on title from Ward and Smith, P.A. I I~~III I~III ill III~II III' I'll lI~II III ~~III IIII ~~I d0~ 07S 0s 06 13P„ And the parties of the first property in fee and have the right to c encumbrances except any encumbr:8it warrant and defend the title to.:tli4's;ii IN TESTIArfOi~I'.~V~] hand hereto and have adopied~~~gaic3 said parties' name.. this ~tl~e:,d~aq`~ntl y. ::io ~cc~x~na~i .floc said pattirs are seized of said ame`in.fse simple: that the same is free from ~sttictions men[ioned above attd that said parties will si the inwful Claims of all persons whomsoever. the part}~&~f`ihC, first part have set said parries' seal rtle:typCwri[iers~word "SEAT." appearing beside VIII{ VIII IIII llllll IIIIIII Illi IIIIII Ill VIII Ill NIi E0607~002 06: 13PM STATE OF N~8"~~I CAROLINA COLJN'TY OF PL_ I,yl./S',m.I Counry and Stair, do hereby ccctiF MIDGETT pcrsonally a{rptacsii;t5c foregoing insrrumen[. ... _ . a Notary Public in and for said .,,uuu~Urnr~q Chu nur :~.,:: ~; Notary seal or stamp must appear within above box. I~III'~II~ I~I II~II ~IIIIII'lll III~II III VIII III IIII 80807S0il2 06~ 13PM 'I'hc foregoing cctij,f~S;~:q~ ;,? a .mow ~ ~- X71 ~ ~.v errs ~ +v~ ~.+,~i.~ Notary Public of said County and:Statc,:is cCZaif"ied to be co~+cct. This tnstrumcat was presented for t>rgi~aation [his day and hou;`ar~~uly. recorded in the i~cc of the Register of Dodds of Dire County, North Carolina, in. Bi5o1t~' , Pnge r,... This .~~..d!" `:, :: V~(\ : ~~•~:k~'` •24Q?, at ~~_ o'c)ock ~.M. •, ~`'~:...•_81kR~ARA M. GRAY Register of Deeds NBMAl1V~51334tt~1.::: •..::~ , ~' (lam ~ (~ec~ , o~ D~ III) ~~III III ~~~~I~ II~IIII III I~I~II II~ ~II~I III I'I) a0ae7 emz mb ,~~ a:;, :,:;,,:: All than tract and parceJ.af.Jatd,)yii1g:~nd being si[uate in Kinnekeer Township;`~er~~oit~ity~North Carolina and being more particularly desci~byd iB'ftllowsc All that trac[ acid parcel ~df,Eand shown apCT~'tttpictcd on the map entitled "Lel`aud:R,.I4lidgeti, aPlat of :I:~tsd"t1t~v~, Kinnekeet ~'oarnship,,~are County; Neutlt~Earol3na" prepared by Waslay'ivL•,.Iv1~eRitis, Jr., PI.S, st;tucyed'Atigust 8, 2002. platted Augu~`~9~;;~OQ~.aiyd rcxordcd.lu:Plai~abgot E, Slide 699 in thz voice offhe`Rcgister of Deeds:o~:Daie•Ctiti-ty, said map being ~?acr~rpot~itd•by referenca~fiiri~id:~'or~a taiore perfect dcscriptioa of ;zl~C.iiacl~aad parcel of lagd~ierFtry~CUiivtyed. The tract of land ~ficrcbyconveyed is also all of:;tJie ~tnpcr[y idrntificd as 23~ai~.Counry Tax Parcels OT4313fl00 and 014312000. This conveyance is made together with fee simple title [o alI lead lying beneath the stYa shown aad depicted oa the asap ttferenec~d above as "Basin" and all other submerged lands lying within the boundaries of the above conveyed parcel. This conveyance also is trade together with all right, title aad interest of the patties of the first part ob[sined by said parties of the first Part by virtue of dre instrument tuorded in Deed Book 832, Page 261 in the office of the Register of Deeds of Dare County. NBMwIN~Si3104tit F11 •d Soak: 1640 Pala: 110 Doo Id: 612E4B7 09/04/2004 12: 0~PM Rao•lpt ~: 10!460 Doo Code: DEED NC Exol•• Tu pd: 2100.00 BRRBPRN N DRPT~ REOI9TER OF DEED6 DARE CO, NC r.~ (~ APPROVED 1 DA C LLOECTO TAX _ a ~ I I~IIII ~~II''i~•IIIII~I Ill ~I' III~IIII III VIII II'I III 03 0~4~2004 12:0BPR ~- ;~~ • Tllis instrument shcw1c1,6K.rrtailBd tp [he preparers Dixoa, Dixon & Casey,l'LL,G; P.O. B1a2b'750, Avon, NC 27915 Brief Index Desczipttgn;. Niatrs .~ Bounds Parcel in Waves Parcel Identifier Number: 014317000 .. Excise Tax: $ NORTH CAROLT~~GENERA~:WARRANTY DEED THIS WARRANTY DEED is made Uiis.3.`:°.day~gf 1Viarch, 2004, by an3.bettveen`~;,,~'`: '~~,~' ,:'~,,,~•~": -:: '~:: DARE ~~~., REAL ESTATE ... j.\. ...,,: ~-:::•.:.••• ..•::::..ELSIE S. SAWYER .''``'•~ • ~• ~~ ~ COUNTY ~~~;~;)'' TRANSFER tAX :. `°and:Edu~txarid, JAMES:E,;YSiA~K.Y~R~` LT I ~ ~ L _ o, J SCIC~D HOLLA1~Il.BR.OTHERS and Husband, CLAYTON T. BROTHERS, JR. and EDNA M. DANIELS and Husband, TOMMIE D. DANIELS and WANDA FREDRICK and Husband, ZOLA FREDRICK and ANDREA SMILEY and Husband, WILLIAM L. SMILEY and GARY ETHERIDGE, divorced and not remarried and NORMA JEAN LOMA and Husband, JUSTO B. LOMA and CLARENCE E. MIDGETT, III, divorced and not remarried and STEVE MIDGETT and Wife, JOANNE MIDGETT and JANICE M. HAINES and Husband, IRA HAINES and IONA ALDEAN HAVES and Husband, CLARENCE T. HAVES and LAURA DENISE MIDGETT, divorced and not remarried and KAYE WRENN GRIFFIN and Husband, SHANE GRIFFIN IIIII~ ~IIII IIII IIIIIII IIIII III IIIIIIII III I'II' IIII IIII 070 642004 12: OoPM and DENNiS L. NIIDGETT, JR., divorced and not remarried (hereinafter referred to in the neuter singular as "the Grantor") and STANFORD HOLDING~4 LLC Post Office Box 1614.:.. ~`` Buxton NC 27920 1:.~ ;:.~ '° :;:.°`°:: ~~~,. (hereinafter referred to in the neuter singular as "the Grant¢e'~° -~.,~ WITNESSETH, that the Grantor, for a valuable consideCaion:paidby tJie Grantee, the receipt of which is hereby acknowledged, has and by these presents does hereby give, grant, bargain, seil,aitd'cotftey~uizio the Grantee, its heirs, successors, administrators and assigns, all of the[ certain lot or pazccl of land situated in the.V~llagi~`o{~Wa4es; Kinnakeet Township of said Dare County, North Carolina, and more particularly described as follows: Beginning at a concrete mortitige~t, `sjid concrete a West 72.45 feet from an.iron pos('get`siri`ille West Southeast corner for the€peiGC~J riostcs7r ~omterly ovn and place ofbeginni#1g:Nortl $3:aGgri;es, 06 minus comering and prgGgttding;N'ortti`07 degrees, 00 mir cornering and pioce'8¢3a& `3outlr`82 degrees, 46'triin cornering anti `prpce~diirp`Sputh 04 degrees, Sq`miii Reference is made:~io~ttltit survey entitled "Leland:,P Counry, North Caroiiiia", prepazed by Wesley M, N tkt7e~ng:locared I<7prth 80 degrees, 12 minutes, 43 seconds of'tlxe 1.©0 fooC`i-ight-of--way of N.C. Highway 12 at the ti;tif'ord#loldings,LLO; thence commencing from said paint ~coritiy_ West 307.20 feet to a concrete monument; thence 'seconds East 96.66 feet to a concrete monument; thence secpitds East 303.62 feet to a concrete monument; thence etiiinds West 94.94 feet to the point and place ofbeginning. tt - A Plat of Land -Waves, Kinnakeet Township, Dare PLS, dated 8/19/2002. The property herein described was acquired by the Grantor's heirs by deed recorded in Book Q ai Page 440, in the Public Registry ofDare County. See also Exhibit A attached hereto which contains an explanation of the heirship of the Grantors. TO HAVE AND TO HOLD the aforesaid lot or parcel of load and all privileges and appurtenances thereto belonging to the Grantee in fee simple The Grantor covenants with the Grantee that Graator is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant aad defend the title against the lawful claims of all persons whomsoever except for the following exceptions: Ad Valorem taxes for 2004 and all subsequent years. Z. Subject to any easements and restrictive covenants as may appear of record in the Public Registry of Daze County. Iillllllillllllilllllllllllllll('fill llllllllllllllll 6a~e 48 mi 12:0BPM IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal. STATE OF ... .. .. '.. I, a Notary Public of County and SE~t$~a~;tesa<id,~certify that EL$IE personally app ared before a is day afid'3ckhodcJcdged the execution qt or seal, this ~ day of ~~~ ~..~' . ''`~;:~pOq ::•::'" , My Commission Expires;-.~~`° _____ ~ ... ._ OFFICIAL SEAL Notary d ~Carollna MICkiAEL C. CASEY ` Nh CtxnmlaNOn Elmirea SI31N5 and Husband, JAMES E. SAWYER, Grantor, instrument. Witness my hand and official stamp ~Y~`~ ~. ^ Notary Public ,,, s'~72 0 a ~~ ~~ } 5 ~ ..^ . •~ w....A State o~ North Carolina Department of Environment anC Natural Resources Washington Regional Offioz tvlichael -. ~asiev, Governor DIYtSION {~F LAa'VD RESt3L'RGES LAv`D QI,?AL;CTX SECTION 3uly 7, 20U6 ~TT'EI: C)F -~PP'~OV ~ T Stanford Holdings, LLC ATTN: itilr. Robert. S. Foreman, Managing :+rfember Post Office Box ? ~7 Burton, North. Carolina 2798 William G. Ross, Jr., 5ec;ztary RIr: :Erosion and Seclirnentation Conuol PLan tio. Dare -2fl06~-315 Real Kitebc~arding NC IZ, Waves - L'are County River Basin.; I'as<,luotank Date Received: Jane 13. 24t)6 Respoxtsible Party: Siat~ord Holdings, LLC Dear Sir: This office has cotnpleted its review of the erasion and sediulentaric~n control plan for the referenced 2.~ acre disturbance. .Based on the information provided. we have determined the submirted plan for the demolition of zxisting iac:ilites, regr~acliug rflr eonstrtu:don of a buil~;..ing and expanded parking area, if properly implemented and responsibly maintained, should meet the intent and minimum requirements of the Ac:t. We, therefore, issue this LETTER OF APPROVAL. In l9?:,, the Sedimentation Pollution Control Act (copy available upon request] was enacted. It established a performance oriented program with the OBJECTIVE of PREVENTING SEDIMENT DAMAGE to adjoining properties and/or natural resources resulting from land. disturbing actiti~ities through the use of reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site conditions, during the course of the proje::t. AS THE DECLARED RESPONSII3LE P.~RTY, YOUR LEGAL R:ESPONSTBII.,TTY is to understand the Act and comply with the following minimum requirements of the Act and the abUVe listed modifications fif tiny]: ~~ as^. .. are ,7a;; 'a~as~i ^..`..,ar iir _ ?~c -ete: ^Gre _a_ 5a~-:CS'. -=.X :.~~ ~~ _' jr~ .. ..~v',:. .. Stanford Holdings, LLC ATTN: I~ir. Roben S. 1~oremaiz, ;~-ianaging 'viember July 7, ?{fib Page -- art erosion and sedintentruion control plait is only vtiliri for .i years following the date of initial approval, if no Icvid-disturbing activin~ ltcu been tutdenakert; -- the L~TFS'T APPRflVE'I,> soil erosion artd sedirnent control plant tit~ill be used dttrirtg inspection to deterntine contpliarice raid a copy of the plan rrutst be nn file at the job site; -- erosion and sedime~it control measures ar devices are to be installed to safely ~vitftstarid the rztrio~j`'resultirtg frorn a 10 year storm event - b.5 - 7 inches in 24 hours ar at the rate of t5.~ - 7 inches in 1 hour. -- unless the a,~`=site bnrro~u andlor disposal sites are idenntiifterl in :the erosir~n carumi pkrri, nu earthen material is ro be broug}u on or removed from the project sire; -- except in the case of a storm related eniergertcy, a revised errrsiu~t t~nr# sedzmsntatiion control plan must be sutrmitted trr and r:ivpraved by this v, f, five prirrr to iniliatzng any signz,~cunt changes in the ^nnstru+~ion, grading or drainage plans; -- a bier :ante, su,~tciera to restrain visible sedirnentatic~n, must b:e provided grid mainxained between the land-disturbing activity and arty adja~cerit property or watercourse; __ riew or a~`eded cut or filled slopes must be at an angle that can be retained by vegetative cover, AtV1J rr}ust be »r»videti wifj~,~ ernund cover sufi-tcierit to restrain. erosion within 21 calenr~r davc a,~ cflrrenletzan o„f anX phase (rinugh or ~f ggg (RYE CRA,~,~ ~,~ Nt)T in the t#PPR+OVED seeding specifications ~~ is it an ACCEPTABLE sicbstirtuP f©r the providing of a temporary ground cover); -- the CERTIF ,FATE Op' PL<~'y ~ PP R0~4~ must be posted ax the priman! entrance to the job site and remain tuuil the site is permanently stabilised; -- unless a temporary, manufactured, lining marerzal hrrs beers specified, a clean .s7raw rnufch must be applied, cu the minimum ruse of 2 tans/acre, to Stanford Holdings, LL,C ATTN: Mr. Roben S. Foreman. 1~1ana~ing Member July 7, 2006 Page 3 all seeded areas. 1 he nrutcfi must cover at least i5 ~o of the seeded area after it is eitjtc~r tacked, wit/t an acceptable tac~:ing nuuerial, or crimped in place; -- in order to comply with the intent of the Act., the scheduling of the larrd- disturbing activities is to be such that both the area of exposure and the time between the land disturbance and the providing of a ground cover is minimized; -- a verm~znen~round cover. strfftcient restrain erosion, n;~,£t be pn~vided within the shorter of IS working or 90 calendar days after completion of co~tsrrurtion or rievelopment on any portion of the tract (~?YF C=ItAS S IS 1VOT in the APPROVER seeding specifications ~ is it an ~.C~EP?'ABLE substitute ,for the providing o, f a nurse cover far the permanent grass cover); and, -- this approval is based, in parr, on the accuracy o, f the tnstormatzon provided in the Financial Responsibility/{Jwnership form submitted with the project plaits. You are rerluired ro, fii~ an amended form i, f there is arty cfuuige in the info»narion included on the frtrm. 73tis rrpprovrzl and the financial responsibility/liability cited in it does not autoniaticall~~ transfer }with a cluutge in project ownership. Be advised that to ensure cotpliance with the approved. plan and the program requirements, unannounced periodic inspections will be made. if it is determined that the implemented plan is inadequate, this office may rewire the installation of additional measures andior that the plan be revised to comply with state law. {;tat:; Revisions to the scope of this project without prior approval of the plan showing the changes can be considered a violation). Failure to comply with any pan of the approved :plan or with any requirements of this program could result in the taking of appropriate legal action {civil or criminal) against the financially responsible party (Stanford Holdings, LLC}. Some options are Stop Work Orders and the assessing of a civil penalty of up to $5000 for the initial violation plus up to $St)00 per day for each day the site is out of compliance. In recognizing the desirability of early coordination of sedimentation control, we believe it would be beneficial for you and your contractor to arrange a preconstructian conference to discuss the requirements of the approved erosion anal sedimentation control plan. Prior to beginning this project, YOU ARE REQUIRED TO tither CONT.~.CT 'T'HIS OFFICE TO Stanford Holdings. L.LC ATTV; :Llr. Robert S. Foreman. Managing ~lrmber July 7, 21)06 Page 4 a.DV~ISE :~fr. lyric Pare (252-945-6~$1, ext_ 38~$} OF TI3E CC)NSTRLICTT()N START-L~ DATE, contractor and on-site contact person OR complete and return the attached Project Information Sheet to the aboti~e named. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regtiiations and rules. to addition, the land disturbing activity described in this plan may also require approval or pt:rmitting from other agencies -Federal, State er kcal. These could irt;lude the L;.S. r'~rmy Corps of rz3gineers under Arricle 4.1).4. jurisdiction, the Division of Water Quality -Surface Water Section under stormwater regulations (contact the Stormwater group at ?52-946-b48 T ), county, city or town ag~ucies unxiez trther lo~:al ordinances, or other appravals that may be required. ,s ~~„p,~val does nvt sn~rsede~,nv otit~er apProvaI or permit. Please be advised that all laud-dis~i:rbix~.g activities affectiag 1 or mare acres are retluir~ri to have a {Federal NPDBS permit. Ezaolrased is the Construction Activities General YPDES Permit - NCGOlUO(~€3 for this project. The res{~onsibility for understattdixtg and complying with this permit with you., ttte tinancially :tensible party. lie aware than failure to comply with this permit could result iu bath the State and Federal governments talQng apprt~priate legal action. G3ntact the Division of Water Qual"sty -Surface U~ater Set;rion at {~ .~Z} 9~b-b481 shod you have any questior~ retarding monitoring and r~ec:orrl keeping requirements of the permit. Sincerely, ~~~ Patricia. H. McClain, Regional Engineer :pm enc'.osures ~ C/.~--~--- PE wlo enc. cc: Clayton 'Massey, PE, Massey Design Alton Hodge, Division of Water Quality Acting Regional Manager, Division of Coastal Management, E. Ciry U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT ORM ID: SAW-2007-02743-123 County: Dare U.S.G.S. Quad: Rod,_ a_ nthe NOTIFICATTON OF JURISDI!;C'I'IONAL DETERMINATION Property Owner/Agent: Real Kiteboardine/Stanford Hoidin~s LLC Address: Post Office I3ox 1473 Button, North Carolina 27920 Telephone No.. 252-305-7754 Aeent Property description: Size (acres) 2 parcels = 3.48 acres Nearest Town Waves Nearest Waterway Pamlico Sound River Basin Tar-Pamlico USGS I-lUC 03020105 Coordinates N 35.567749 W -75.469122 Location description 2 parcels; 25706 and 25712 NC Hwy 12 Waves Dare Count, North CaroI2na Indicate Which of the FoIIowin Apnly: A. Preliminary Determination _ Based on preliminary informatioq there maybe wetlands on the above described property. We strongly suggest yon have this property inspected to dete?~mir~, the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdict•;onal determination mt st 1: ~ verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Adrni~strative Appeal Process {Reference 33 CFR Part 33I). B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and. Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed $ve years from the date of this notification. X There arc waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Crean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be xelied upon for a period not to exceed five years from the date of this notifcation. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. Fvr a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 08/23/2007. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ Please be advised that a Prior Converted Cropland (PC) determination made by the Natural Resource Conservation Service (NRCS) remains valid as Iong as the area is devoted to an agricultural use. If the land changes to anon-agricultural use, the PC determination is no longer applicable and a new wetland determination is required for Clean Water Act purposes. Page 1 oft ORM ID: SAW-2007-02743-128 _ There are no waters of the U.S., to include wetlands, present on the above described property which aze subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at {252) 264-3901 to determine their requirements. Placement of dredged or frll material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 30I of the CIean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Tom Steffens at 252-975-1616 ext.25. C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and direct[y abuts Pamlico Sound. D. Remarks Site includes 0.44 acre inland basin directly leading to Pamlio Sound E. Appe31S Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process {NAP) fa. ~ sheet and request for appeal (RFA) form. Lf you request to appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following address: Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9MI5 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division ffice within b0 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 10 2/ 3!2007. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date 08/23/2007 Expiration Date 08/23/2012 Copy furnished: Tom Corpening Page 2 of 2 o~C~ WAr~9~~ r ~_ y O '< Michael F. Easle}•, Govcmor William G. Ross Jr.. Secretary North Carolina Deparuncnt of Environment and Neutral Resources Alan W. Klimel-, P.E. Director Division of water Qualip~ October 2, 2006 Mr. Robert S. Foreman, Standford Holdings, inc. PO Box 1614 Buxton, NC 27920 Dear Mr. Foreman: III, Managing Member Subject: Stormwater Permit No. SW7060623 Real Kiteboardin~ High Density Project Dare County The Washington Regional Office received a complete Stormwater Management Permit Application for Real Klteboarding on September 19, 2006. Staff review of the plans and specifications has determined that the proJJ'ect, as propposed, will comply with the Stormwater Reggulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7060623 dated October 2, 2006, for the construction of the subject project. This permit shall be effective from the date of issuance until October 2, 2016, and shall be subject to the conditions and limitations as specified therein. Please pa special attention to the Operation and Maintenance requirements in this permit and in the submitted application. 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 Qermit 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 1508 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 either Scott Vinson, or me at (252) 946-6481. ince ely, 1"R ~ Regional Supervisor Surface Water Protection Section AH/sav: C:ISTORMWATERIPERMIT\SW7060623 cc: Clay Massey, PE Dare County Building Inspections Washington Regional Office Central Files North Carolina Divisan of Water Quality Washington Regional Office Phooe (252)946-6481 FAX (252)946.9215 Customs Service Internet www.ncttiaterattslity.ore 943 Washington Square Mall, Washington, NC 27889 t-877-623-6748 ivy car ,1~aturc An Equal OpportunirydAffirmative AC9on Empbyer - 50% RetydedHll9G Past Consumer Paper *~~Tbt CA R~~~ Conditional Use Permit No. 9 -2006 Dare County Sections 22-27.1; 22-31; and 22-68. Application of: Stanford Haldings LLC for Real Kiteboarding, a gaup development project in Waves, NC. O!r January 16, 2007 the Dare County Board of Commissioners considered the application of the Petitioner above Warned which application is an file with the Dare County Planning Departmerrt, grid the Board finds as follows: 1. That the written application of Petitioner with attachments has been duly submitted to the Dare County Planning Board as required by Section 22 of the Dare Coumy Code (hereinafter referred to as "Code"); 2. That the application substantially complies with the requirements of the Code in that it requests uses permitted by conditional use permit under the Code, including group developmems; 3. That the Petitioner owns 3.48 acres of property located in Waves, NC and identified on the Dare Courrty Tax Records by Parcel Ident~cation Numbers (PIN} Ob4708993594 and 0647089954444. The property is zoned S-1. 4. That the Dare County Planning Board recommended for approval the granting of a Conditional Use Permit as requested. The Planning Board made this recommendation on August 14, 2006 5. That the Dare County Board of Commissioners is empowered under sections of the Code set out above to grant uses such as allowed herein and insofar as the conditional use is hereinafter allowed it will not adversely affect the public interest; 6. That the hereinafter described conditional use is deemed to be reasonable and is not in degradation of the intent of the ordinance. NQW, THEREFORE, under the provisions of the Code, the following conditional use is granted to 'Stanford Holdings LLC for the construction of a group developmem project, subject to such conditions as are hereinafter set out: CONDITIONAL USE: a group development project consisting of a mixture of commercial and residential development. The commercial development shall include retail sales, rentals of watersports equipment and on-site use, instructional lessons ofwatersports equipment use, and a deli restaurant. The residential use shall include multifamily units. A site plan„ as approved by the Board of Commissioners depicting the location of the structtirat improvements and other site amenities is identified as Appendix B, attached to and made a part of this Permit. CONDITIONS: 1. Two structures shall be constructed an the site with Building 1 dedicated to retail, a 20.seat restaurant, warehouse, office and instructional use. Building 2 shall contain 14 residential units. The maximum building height of each structure shall be 52 feet as permitted under the S-1 zoning district regulations. Any proposed increase in the restaurant seating will require additional review and approval by the Dare County Planning Board and Board of Commissioners. 2. An as-built survey of the infrastructure improvements shall be submitted to the planning Department upon completion of the improvements and the release of the certificate of occupancy for the buildings. 3. On-site parking shall be provided as regulated by the Dare County Coder Section 22.55 and 22.56 with lU2 spaces provided on site. Drive aisles shall be a minimum of20 feet in width and constructed of an impervious surface as required under Section 22-31 of the Dare County Zoning Ordinance. 4. Signage on the site shalt be subject to the provisions of Dare County General Code, Title XV, Chapter 158. Temporary signs such as sandwich board or A frame type signs shall not be used on the property. The display of flags and other wind devices shall be according to the standards of Chapter 158. 5. There shall be no personal watercraft offered for rent or use by the public at the site. Kayaks, kiteboarding units, and other non-motorized watersports equipment may be offered as rentals. No privately-owned personal watercraft shah be operated or launched from the site. 6. A buffer plan of either fencing or dense vegetation shall be developed. This plan shall meet the standards of the S-1 zoning ordinance and be verified by the Planning staff prior to occupancy of the sits. The plan shall also be submitted for review to the adjoining property owners for comments on the preferred method of vegetation (fencing versus vegetation). 7. The existing structures on the site shall be demolished. The developer shall provide a demolition/construction schedule to the Dare County Chief Building Inspector for his review and approval prior to the start of construction on the proposed improvements. 2 8. Personal watercraft used by the employees of real Kiteboazding shall be operated in a safe and cautious manner. Personal watercraft used by Real Kitebaarding shall maintain a 200- foot sepazatian from National Pazk Service land. 9. No windsurfing equipment, kayaks, or other watersports equipment shall be displayed in the front yard setback area or the right-of--way of NC 12. l0.0utdoor amplification systems may be used for annual special events, however, such systems shall not be used earlier than 9:00 am or later than 10:00 pm. I 1. Lighting improvements shall be as depicted on the approved site plan. I2. Public restrooms shall be provided in the retail structures according to the number of fixtures and location standards in the NC state building code. 13. A State stormwater shall be secured and stormwater improvements shall be constructed as depicted on the site plan. 14. All supplementary state and federal permits shall be obtained prior to the issuance of building permits for the proposed improvements. Copies of these permits shall be submitted at the time building permits are requested. 15. All work authorized by the CUP should be completed within 3 years of the date of Board of Commissioners approval. 16. Due to the shared use of the parking, wastewater and other site improvements, any proposal to divide or separate the improvements shall be subject to review and approval by Dare County. 17. A copy of this conditional use permit and its conditions of operation and signage restrictions shall be provided to all tenants, lessees, occupants, owners ar their assigns of the individual retail units and the restaurant structure. 18. The Planning Department staff shall monitor the site. The applicants and/or other occupants shall be notified in writing of any violations of this CUP, Dare County Zoning Ordinance or other applicable Coumy code. Appropriate measures to correct any violation identified by the Dare Coumy Planning Department shall be made upon receipt of notice. Additional review by the Dare County Planning Board and Board of Commissioners may be necessary if administrative efforts are unsuccessful to correct any identified violation. 19. It is understood that all other terms and provisions of the Code shall remain in full force and effect except ss herein lawfully permitted; 20: A violation of this Permit shalt be a violation of the Code punishable as therein provided, and shall automatically void Permit. This 16th day of January 2007 ,, ~: SEAL;' ~. ~,;~ ., :~ ~,, ~ '-, . ~ , ,. ,, , ~. -_ w .''•%~ . `mow ' < -- o ~,~ - _ _ couNrY of DARE By: ~ Warren Judge, Chairman Dare County Board of Commissioners ATTE T: i By: ~' "'~i'- ~ ~- F Harris Clerk to the Board TffiS PERMIT AND THE CONDITIONS Stanford By:~ APP VED TQ LEGAL FORM By: Robert L. Outten County Attorney 4 AMENDMENT TO CONDITIONAL USE PERMIT #9-2006 FOR REAL KITEBOARDING GROUP DEVELOPMENT On July 16, 2007, the Daze County Board of Commissioners considered an amendment to the conditional use permit for the Real Kiteboarding group development in Waves, NC. The original CUP was issued to Stanford Holdings LLC in January 2007 by the Dare County Board of Commissioners. On April 9, 2007 the Dare County Planning Board reviewed the proposed amendment and recommended approval of the amendment. The following revisions shall be made a part of CUP 4-2006 as detailed below: 1. Wooden fencing shall be constructed around the existing cemetery located on site as depicted on the site plan prepared by Massey Design dated March 17, 2007. Access to the cemetery may not be blocked by the developer, any property owner or tenaat of the structwes located on the site. A perpetual access easement not less than 15 feet in width to the cemetery shall be recorded in the Dare County Register of Deeds the issuance on the proposed retail structure and a copy ofthe recorded easement provided to the Dare County Planning Department. The property owner shall provide perpetual care and maintenance of the cemetery area. 2. All other conditions included in the original CUP shalt remain in force and part of this amendment. This 16`" the day of July 2007 _, ;~ t,,. `~~ SEAL.'; • ~ ~ i ~ , • - ~ ~~ , .,,. , _ ~ ', - ~~ - `~ `" r ~ } ; y,. ;r ~ , ._ ~. 'r. ., ~`i.. b l~ ~N _ ~.. ,, COUNTY OF DARE By: ~~~ Warren Judge, Chairnt Dare County Board of ommissioners ATTEST: By: c~/ll~~ Fran Harris Clerk to the Board THIS PERMIT AND THE CONDITIONS HEREIN ARE ACCEPTED Stanford Holdings LLC By: Trip Foreman APPRO GAL FORM By: Robert L. Outten Cauchy Attorney «r~~hna ,.._-- ~ivosion o~ Fnvirontrten~al l-irealf~ tir ~~~~:~'f/ Terry L. Pierce, Director . r ;?~, a I'>~S~~; ,y j ~" ' On-Site Vt<ater Protection Section rJ11~51011 of Em~ironmenr:al Health And y Adams, Chief Mr. Jack Flythe, Environmental Health Supervisor Dare County Health Department PO Box 1000 Manteo, NC 27954 Courier; 16-30-11; Fax: (252) 441-6921 December 4, 2006 State ofNortn Carolina Michael F. Easley, Governor Dapariment of Envlronmant and N turdl P,esourcas YUIOam G. Rost, Secretary ;~ ~ ~~ r- ~t ~,~.,,.,,'I ti Subject: Revised Conditional Approval of the Wastewater Engineering Design for Real Kiteboarding NC Hwy 12, Waves, Dare County Project Number: 2006-27 Dear Mr. Flythe: This letfer has been revised fo reflect a proposed TS-1 treatment standard, instead of the TS-Jl standard previously stated in the conditional approval letfer dated November 17, 2006. Revisions to the wastewater engineering design for the Real Kiteboardin were received by the On-Site Water Protection Section on October 16, g project submitted by VIlilliam "Bill" Fenner, Jr., PE development to be constructed off of NC12 in Waves, North Carolina. The evsed submiitalpackage ons ted of copies of a "Septic Design Submittal Package" and a 5-page set of plans. Although Mr. Fenner seemed to have addressed our concerns outlined in the letter dated August 30, 2006, there were concerns about the locations of the stormwater system in regard to the requirements of 15A NCAC 18A .1950. It is our understanding that changes have been made to the layout of the stormwater channeling system by Massey Design & Associates, PC and to the collection sewer/force main layout by Mr. Fenner (per emails from Mr, Fenner and Mr. Massey dated October 30 and November 15, 2006 respectively) to comply with the requirements of the rule. We have since completed our review of revised plans and specifications and additional information submitted for the wastewater system proposed to serve Real Kiteboarding. It appears most of our technical comments have been adequately addressed. Enclosed you should fend one copy of the revised plans and design flow calculations page of the specifications, stamped " Conditionally Approved by the On-Site Wastewater Section, Division of Environmental Health, Department of Environment and Natural Resources." The Improvement Permit and Authorization to Construct to be issued for this wastewater system must include the approved plans, specifications, system operation and maintenance plan, legal documents and any other conditions deemed appropriate by the health department. Note that the following conditions are required to be met as part of the Installation Permit and Authorization to Construct: 1. Change "TS-11 Effluent Qualify Standards for Advanced Pretreatment Systems" stated on page D-1 of the Design Narrative to "TS-1 Effluent Quality Standards forAdvanced Pretreatment Systems" based upon the proposed effluent levels (refer to 15A NCAC 18A .1970). 1642 Mail Service Center, Raleigh, North Carolina 27699-1642 One Phone (819) 733-3270 /Fax {919) 715-3227 NorthCarolina http://www.deh.enr.state.nc.osloww/index.htm ~A't~lll tl~~lJ An Equal Opportunity / Afifrmative Action Employer Real {Citeboarding _ Revised CA uecamber 4, 2000 Pag6 2 o'i G 1• Provide cleanouts at fhe bends equal to or greater than 45°, 3• The plan drawings must show fhe locations, pipe invert and ground surface 4• The deli restaurant is prohibited from disposing of syrups, granulat elevations of all cleanouts, beer, soups, coffee and other food scraps and other solid wastes into the waste are difficult to degrade, cause higher 60D Y TKN loadin s ed sugar, milk products, juice, soft drinks, adversely effect fhe microbial populations responsible for treating 'the waste water system. I hose materials g onto the treatment system, and create conditions that 5. No additional seats may be added to the restaurant without the prior a ro water. Neafth Department. pp val of the OSWS and the Dare County 6• As-built plans with Professional Engineer certification are completed after ti • the as-buiits are to be forwarded to our office for review and for• fhe archives no ' the final inspection has been conducted of the installation and approval iv 1e installation is complete. Copies of Department, later than ninety (90) days after g en by the Dare County Health The conditionally approved revised plans and specifications are for the followi Facilities. New facility will consist of fourteen (14) two-bedroom dwellin ng facilities and system components: retail space Totaling 4,410 square feet; warehouse space totaling 2,056 square fe equivalent; school office space totaling 1,389 square feet with hyo g units with a sleeping capacity oififty-six (56) persons; totaling 4,162 square feet with twelve (12) full-time employees or the a viva! et with two (2) full-time employees or the totaling 720 square feet with one (1) full-time empio ees or• (2) full time employees or fhe equivalent; office space q ent, a deli restaurant and a kayak retail space S stem: New-one (1)1,500-gallon grease fra • twY the equivalent. w/duplex pumps; two (2) gioCiereO 30/32 trickling fitter units with 2300 clarifier p, o (2) 3,000-gallon septic tanks; one (1) 4,000-gallon flow equalization tank w/dual effluent fitters; one (1) 5,000-gallon pump tank w/duplex Myersm Model elapsed time meter, event counter, manual reset, audible/visible high water al s, one (1)1,500-gallon secondary settling tank pumping system; two (2) 8arnese SE411 jto be supp-ied by AquapointT+v • MW50 pumps; duplex timed dosing with jeach field - 450 linear feet (LF), twelve (12) 37.5-foot drainfinesJ; bTAR _ arm system and battery backup control panel j' ~° (2) t.PP drainfields with duplex dosing system Desi n Flow: 5,313 gallons per day 1.2 gallons per day/square feet) S stem classification: VI, requiring weekly inspection by the ORC and quarter) ' department, and at least semi-annual inspection by your department. It is strop department conduct inspections of this facility morn frequently es eciall Y inspection reports submitted to the local health g y recommended that the ORC and your It is critical that the Health Department require a preconstructp Y during the first year of operation. Representatives of the Health Department, the owner, the installer and the en on meeting be held prior to system installation. this meeting. During this meeting, the sequencing of project construction 1 grneer certifying the installation must atten discussed and clearly understood by all parties. Holding such a preconstr•ucf' d the Authorization to Construct, with attendance required by all ke ' nspection, and testing activities must be is noted that this meeting has been Included in the project specifications, r°n meeting must be fisted as a condition In y parties prior to fhe onset of the system installation, It As you are aware, there are a number of times during the installation of this s ste department must be provided to insure that this system is installed properly. For . Y m when direct supervision by the health this project, make certain that: 1642 Mail Service Center, Raleigh, North Carolina 27699.1842 Phone (919) 733-3270 /Fax (919) 715-3227 Orte hip:liuvwvv.deh.enr.state.nc.us/oWw/index.htrrt ~~~~~C/y~+/'jC iria qn Equal Opportunity /q~ry~mative Action Employe, ~~~~j` ~'~•i~~ rzaar nrrenoara~nc~ - Kevised CA ~ecernl:,et~G , 2ULIG F GAyC .J OI V Facilities served remain as specified, with no new sources of wastewa#er to be added to the system. Water conserving measures are to be practiced, including law-flow fixtures (toilets which use no mare than 1.6 gallons per flush, urinals which use no more than 1.0 gallons per slush, spigots which use no more than 1.0 gallons per minute. No garbage grinders are permitted to be connected to fhe sanitary sewage system. HVAC and refrigeration/freezer unit condensate lines are plumbed into the storm water (not sanitary) system. The disposal of syrups, granulated sugar, milk products, juice, soft drinks, beer, soups, coffee and other food scraps and other solid wastes (frorri the restaurant} into the wastewater system is prohibited. These materials are difficult to degrade, cause higher BOi7 & TKN loadings onto the treatment system, and create conditions that adversely effect the microbial populations responsible for treating tl7e wastewater, e Water Lines: New water lines are installed as specified in relation to sewers and drainfields, located in strict accordance with approved plans, including specified crossing provisions (assure water lines at least 18-inch above collection sewers and supply lines at ail points of crossing), Water supply to any yard hydrants in the vicinity of wastewater system components shall be RPZ-protected. Tankage. General: Grease traps, septic tanks, flow equalization, 13ioClere©secondary settling and pump tanks shall be installed in strict accordance with the approved plans and specifications including use of properly constructed state-approved tanks, and paying strict attention to specified invert elevations, water-tightness provisions including specified pipe penetrations, additional waterproofing, and drainage provisions to divert surface water from the tanks and their access openings. Ensure that access openings and risers are provided as shown and determined to be fully accessible and functional from the ground surface without requiring entrance into any basins. Ensure that all tanks are determined to be fully watertight and infiltration-resistant per the wafer-tightness tests specked. Do not accept any tanks that have had holes cast into them below the working liquid level, whether patched or not. Manhole rings or hatches are to be bolted and sealed onto their risers as shown to be provided. Wash-down water supplies in tankage vicinity must be provided. o Tanka a Installation General: Tanks and access openings, risers/manholes, outlet tees and effluent filters shall be installed in strict accordance with approved plans and specifications, as well as being in accordance with manufacturer's specifications. Filter must be readily accessible from the tops of the tank without requiring entrance into the tank (access handle should extend to within 98-inches of riser top. o Riser_ Act; All access riser hatches shall be secured bytamper-resistant stainless steel bolts, and inaccessible with flathead screwdrivers, Phillips screwdrivers, or standard wrenches. a Collection S stem: The collection system is completed per approved plans and specifications, proper materials, grade, and with all required horizontal and vertical separations maintained between sewers, storm water drains/chambers and water lines. Ail sewer lines, cleanouts and manholes must be tested for water-tightness, as specified. • Sanitary Tees: Grease traps and septic tanks shall include specified sanitary tees installed at their outlets. Septic tanks are to include 13ioClereO unit returns located and installed in strict accordance with manufacturer's spec cations. • Pump Tanks: Pump tanks must include all specified pumps and components, with all hardware of stainless steel or comparable corrosion resistance material. Ensure that all appurtenances, (e.g., floats and float support mechanisms, valves, etc.) are provided as shown and specified, including the use ofcorrosion-resistant stainless steel and PVC/Schedule 40 where indicated. Level control floats must be readily accessible from above grade and installed at specified activation elevations. Control panel is to be installed directly adjacent to the tank in NEMA 4X enclosure with 1642 Mail Service Center, Raleigh, North Carolina 27699-1642 One Phone (919) 733-3270 /Fax (919) 715-3227 NOirt11Cc`tl'O~lric~ http:/lwww.deh.enr.state.nc,uslowwlindex.htm ~~~'t~ j~''~'I~~ An Equal Opportunity / Affirmative Action Employer Raaf fGteboarcling - Revisecl CA c,.C,el l lLel~ 4, ~Ul~~ ~'cl i~.C ~ U'16 wires conveyed from pumps and controls directly to the panel through conduit installed in the riser, Wire conduits must by watertight and gastigl•~t, yet still enable floats a- pumps to be changed without requiring entrance into the tanks, ® Pump Rates: Pump delivery rates must all be measured (for each pump) and determined to be comparable to design specifications. ® BioClere®Units: BioClere©advanced treatment units are installed per the plans and specifications. The units shah be specifically designed to meet NG design requirements, as follows: a. The junction box for the BioClere®fan unit must be located outside of the fan box in a NEMA 4X enclosure. b. Individual pump run timers for each Bioclere pump must be installed in the BioClereG Control Panel. c. 1-he BioClere®struts must either be made from or encapsulated in anon-biodegradable material, d. The BioClere®fan units must be certified by the manufacturer to provide 240 cfm. The unit must be tested at start- upand flow quantity measured using a flow velocity method, e. Exhaust fan vent must include a screen. "the manufacturer roust cerliry that the presence of the screen will not limit airflow less than 230 cfm. f. The BioClereO units must be leaked tested for zero percent 24-hour leakage in accordance with the plan notes, g. The main control panel must be NEMA 4X. h. The clarifier seam must befactory-glassed. i, The BioClere®alarm circuit shall be supplied ahead of any pump overload and short circuit protective devices. j. Flanye connection between BioClere®filter and sump sections must be specified to be factory seated with FRP to form permanent watertight seal. As part of start-up, the return rates from the BioClereO units to the septic tanks must be accurately measured (by draw-up test into each tank with inlet/outlet blocked) so that the return rates can be accurately set by the Bioclere® representative and the engineer. Secondary Settling Tank: Secondary settling tank and access openings, risers/manholes,otitlet tees and effluent filters shall be installed in strict accordance with approved plans and specifications, as well as being in accordance with manufacturer's specifications. Filter must be readily accessible from the tops of the fank without requiring entrance into the tank (access handle should extend to within 18-inches of riser top. Final Dosing Tank: The final dosing tank must include all specified pumps and components, with all hardware for float supports, access hatches and pump removal chains of stainless steel. Ensure that all appurtenances, (e.g., floats and float support mechanisms, valves, etc.} are provided as shown and specified. Level control floats must be readily accessible from above grade and installed at specified activation elevations. Control panel is to be installed at specified location adjacent to lift station in NEMA 4X enclosure with wires conveyed from pumps and controls through wire conduit installed in the riser. Wire conduit(s) must be watertight and gastight, yet still enable floats or pumps to be changed without requiring entrance into the tanks. Dosing system appurtenances must be manually checked and controls must be tested for proper automatic operation. The high water alarm should also be tested and ensured to be properly functioning. Control S stems; Dosing/timer control systems are provided in strict accordance with the approved plans and specifications, including pumps, controls, float support systems, float settings, valves, and the audible and visible alarm systems. All dosing system appurtenances must be manually checked and controls must be tested for proper automatic operation. Level control floats must also be set to activate at levels indicated on approved plans. The high wa#er alarm should also be tested and ensured to be properly functioning. As part of system startup, LPP laterals and manifold pressure taps shall be demonstrated to all be open and the minimum design pressure head demonstrated to be delivered 1642 Mail Service Center, Raleigh, North Carolina 27699-1642 One Phone (919) 733-3270 I Fax (919) 715-3227 NorthCaroli,+n~. http:llwww.deh.enr.state.nc.usloww/index.htm ~~tltt'~ll~/ An Equal Opportunity ! Affirmallve Action Employer Kea! Kiteboarciing- P.evised CA UG-C@iill.icf °,, 2Ulib' Page ~vr` 6 per design. The pump delivery rate for each pump must be measured and determined to be in accordance with design specifcations, wtth tuner settings adjusted accordingly, Control panels controlling drainfieid dosing pumps shall have pump cycle and run timer recording capability and shall rneet "the requirements of .1952. ® Supply Lines: Supply lines are provided in strict accordance with approved plans anti specifications, including pipe sizes, rnaterials, including specified air release valves, separation distances/crossing details and installation depths, Ensure that the hydrostatic pressure tests for water-tightness are executed in accordance with specifications and approved plans. LPP Drainfieid: Site preparation must be completed in strict accordance with approved plans, rules, the engineer and Fleafth department specifications. Field lime locations must be flagged and re-approved by the engineer and health departrnentjust prior to installation. Confirm field to be properly constructed, including specified french locations, depth, width (18-inch trench width), sleeved lateral construction, orifice size, spacing and specific locations, supply line and li~anifold sizes and interconnection detail (and lateral-to manifold connections), lateral turn-ups and turn-up protectors, Held adjustment gate valves and recommended protective fitter-fabric and backfill completed in strict accordance with approved plans and specifications. Laterals must be blown out with fresh water and pressure head to the two drainfields simultaneously adjusted per approved plans, and pump delivery rate to the field measured and confirmed to be in accordance with design parameters. Field must be finally landscaped to shed surface water, seeded and mulched to establish permanent vegetative cover. Site preparation procedures shall be conducted in a manner that results in negligible damage to the drainfieid areas. The Applicants soil scientist should also be asked to make a field review of site preparation steps, due to their critical nature. Ensure that surface water diversions are provided in accordance with the plans and That measures for establishing an adequate vegetative cover are implemented, as specified. • Start-Up: Start-up provisions are completed including flushing of supply lines, testing of system performance, BioClere©start-up per rnanufacturers specifications, and final landscaping provisions, which should adequately divert water away from the drainfields and tanks and begin to establish a suitable vegetative cover over the drainfields. Dosing system testing and adjustments must be completed including required measurements of pump delivery rates and pressures in each field. • Repair area: The repair area identified for this project and access thereto must be maintained and kept available far future repair. No construction on or utilization of this area is permitted. • Operation and Maintenance fO&M): The operation permit must include, as conditions, any 0&M procedures included in the 0&M manual to be provided by the design engineer, necessary information regarding the proposed management entity and certified operator and system performance monitoring requirements. The permi#s shall include the 0&M procedures within our innovative wastewater system approval IWWS-2002-1, and any additional concerns deemed appropriate by the health department for the 0&M of this system. A certified subsurface system operator (who must also have a Grade 1I wastewater certificate} shall be contracted to operate the subsurface system. The operator shall inspect the system and report findings to the health department. The system is classified as a Type Vla and requires weekly monitoring with quarterly reporting by a certified subsurface operator (who must authorized by AWT Environmental, Inc. to operate the system). 0&M procedures listed in the operation permit shall include that during each operator visit, flow at the facility must be monitored and recorded, and the pump elapsed time and cycle counter readings shall be recorded at all pump tanks. At feast semiannually, the ORC must re-measure and set the pressure head and pump delivery rates to the drainfields, as needed. 1642 Mail Service Center, Raleigh, North Carolina 27699-1642 One Phone (919) 733-3270 /Fax (919} 715-3227 NorthCarolina http:lJwww.deh.enr.state.nc.us/owwlindex.htm ~~~~j~'~~~~ An Equal Opportunity I Affirmative Action Employer Rea! f<iieboarding - Re~iised C,~ UG-C@riiiict `, GUUu Pugh G GI E the efFluent must be sampled at the dosing tank tri-annually (in May, July and September for CBODS, TSS, and I otal Nitrogen at a NC certified wastewater laboratory, '1•he samples must be obtained, preserved and analyzed in accordance with 40 CFR 136 procedures, and chain-of-custody documentation must be provided with all monitoring repot is. The Treated ef~iuent musT meet "TS-I Eff/uenr ~ua1iry Standards rot Advanced Aretreafinenf Systems" as speciried in 95A NCAC 'i8A .9970 to ensure drainfield longevity. If the analyses indicate These limits are not being met, then the operator must contact your office within 24 hours. Every three months, a tivritten report documenting the sampling data ir~ust be included in the operator report. After one year of compliant sampling is completed, consideration may be given to the monitoring frequency being modified with the approval of this office. a Record Drawings: As-built plans with Professional Engineer certification are completed after the installation is complete. Copies of the as-builts are to be forwarded to our ofiiice for review and for the archives no later than ninety (90) days after the final inspection has been conducted of the installation and approva{ given by the Dare County Flealth Department. Note that a registered professional engineer must certify that the system has been installed in accordance with the approved plans and specifications. This certification is based upon periodic observations of construction and a final inspection for design compliance by the certifying engineer or his representative. Please also note fhafi Bioclere~'s representatives must approve the sysfiem, and the health department prior to the issuance of an operation permit must approve the installation. If you or the applicant's consultant has any questions concerning these comments, please feel free to contact me by phone at (919) 715-3270, by fax at (919) 715-3227, or by a-mail at loma.withrow@ncmaif.net. Sincerely, ~~~ Loma C. Withrow On-Site Wastewater Engineering cc: Robert Uebler, PhD -Regional Soil Specialist William E. Fenner, Jr., PE 1642 Mail Service Center, Raleigh, North Carolina 27699-1642 Phone {919j 733-32701 Fax (919} 715-3227 http:/lwww.deh.enr.state.nc.us(owwlindex.htm Not thCarolina J~atur~llt~ An Equal Opportunity 1 AtfirmaGve Action Employer ~ NORTH ELEVATION ve•-•~ Y SOUTH ELEVATION yr - r-a L~1 tiles ~ I ' f -_ _ _ -. _1 rl 1 _i~ ii~.i r t'P t'~ - t~ ~1~ ., _, ~ r. ,. ~L: - - -- ------ 3 WEST ELEVAl10N yr - r-o• em v+ues ., ea~.o. aawo tOl+L6.i Y~ XI~CAOe1.G Yom[ rtui ~ji SKid -~ ..K,v ca~icnT w .waslre, __.. I_ t _. ._ I ~~~ -- -- -+ i T~_._ ~~~~~~ ~.:.. rs ez jca: wic.ewa:v ~m ot .. ProJcd No: wztiu o: w L .ti « o ..e worm crdm. Titlr. z!t..r:.~. DYe: Au{~u ]9 Tlle+ SWe: zn•=ra• +21 c at+ ~ t+ a.u -~-..t/~' ..-~~~ a GF LOONtRA5f0i `'-"'__=~ , ~ i::i.:l~ ,~,. F~.:t'~..o.+~- rAkn: A.tlamo.tt~ oes~.etW., Pngea No: wozxN L N o: w eee o ..., Noah Cud'm Title: Eketlk.~ OWl: A.qw T93BOT Seek: In•-1'aY' ~J _ A201 ~,1 N£ST ELEVATION /1 EAST ELEVATION ve' . r-r 2 SOUTH ELEVATION +~r - ~ -e ~ NORTH ELEVATION +ir - +'~_ 4 EAST+ELEVA7N)N