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HomeMy WebLinkAboutSW7050207_HISTORICAL FILE_20110701STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW :n,/Z07 ❑OC TYPE El CURRENT PERMIT ❑ APPROVED PLANS FV' HISTORICAL FILE DOC DATE YYYYMMDD S CK 4fs;=vra� OFFICIAL USE ONLY: Case Number: Non -Residential Site Playa Date Filed: Application Gate Keeper: Amount Paid: lhh� +G_��f�-. �: fN' i tl'1 k# (�T. i'G"I rl� I Y+7h �,�" i'>p4*�lS�' s � r. -. �1 }�=•l4 �1 n'W�' M� 1--.❑1�`..L 41 � R i i2\ i€ (A onttactlniormatinn,p-n �'i11��` �.�. ��. f-..}!.�� �. �': S+G (` fi tii��1�• l y .C. i. j � t.-Y'h,:' .. .�,.. .�"t _.+IsK..-!{ !li__.•.{t���G. .iTr Y(. �' ♦ APPLICANT: PROPERTY OWNER: Name: �/ /��� ICifO Name: To, I,I s:' It t_.C; x1,' a?.��, •.l Address: �r'� "' + '"1T~ -,1c F .,;"! ..i.1 �1,, II_, Address Telephone: >:r`'!- I �'i'i=- Telephone: Fax Number: E-Mail Address: LEGAL RELATIONSHIP OF APPLICANT TO PROPERTY OWNER: Physical Street Address: C-O Location: i tirl-:_'E'U1) r I? �. ?::>U i Parcel Identification Numbers): (_ e,:,;)T, ^ • ? Total Parcel(s) Acreage: 9 7 40, Fax Number: E-Mail Address: Existing Land Use of Property: C raMP,h. .l.>t - r s'..+' a ';Li' sC-n>•J�Cr�,n��'�.1 N-� a�-t!.r ° rS7.3�'e t,[z1 Y r �Yri �s k' r`q 1,.:� :�ixs ,wrL +�. •ir2a r' Project Name: ^l--n-F 4 G, L� l) i 1r'PJ�-L r'•-(t � t it r: _ fl, r> I �_ Proposed Use of the Property: cl1­ f--ro Deed Book/Page Number and/or Plat Cabinet/Slide Number: Total square footage of land disturbance activity: "� + 13 C1 Cr} �., �',___ _• _ / Total lot coverage: '.6 Ie_,r'C Total vehicular area: f i rC)�7 _✓ Existing gross floor area: L'r Proposed gross If loor area: G4 4 t7U I hereby authorize county officials to enter my property for purposes of determining zoning compliance. All information submitted and required as part of this process shall become public record. MA,p l E zZ-rl �-- Applicant Date Owner Date Nan -Residential Site Plan Application Page 4 of 5 9/10 Non -Residential (Commercial)'Application Review Process Currituck County Planning Department PO Box 70 Currituck, NC 27929 Prone: 252.232.3055 Fax: 252.232.3026 Physical Address: 153 Courthouse Road Webslte: j"1;/fwww.co.currituck.n=/Pfanning.cfm The applicant must schedule a pre -submittal meeting with county staff to discuss the proposed plan, preliminary assessments regarding the proposed use and the adopted ordinance and plans, and process. The applicant must submit a complete application packet on or before the application submittal date. A complete application packet consists of the following: o Completed Currituck County Non -Residential Application. o Application Fee ($.02 per square foot of gross floor area or $50 minimum). a An accurate site plan of the property drawn to scale (1 "=50'1 In a professional like manner, unless waived by the administrctar. The site plan shall Include the following: o General Information Including, but not limited to: vicinity sketch; north arrow;. engineering scale ratio; acreage; title of the development; date of the plan; gross floor area of all buildings; name and address of owner/developer and person or firm preparing the plan; and zoning setback lines. o Location(s), dimension(s), and arrangement of all: vehicular entrances, exits, drives and fire lanes; automobile parking spaces, width of aisles and bays, angle of parking and number of spaces; truck unloading docks, ramps and spaces; refuse collection (dumpster) container space(s); building(s) with exterior dimensions; tenses, walls, docks, ramps, pools, patios, and surface areas; water tap(s) denoting size(s) of line(s) or well area; sewer tap(s) denoting size(s) of lines or septic system location, including repair area; electrical service connection(s); existing and proposed fire hydrant; easements and rights -of -way; sizes) of all public utility lines (water, sewer and storm sewer) within all adjacent public rights -of -way and easements. o Drainage plan, including a drainage narrative with calculations, site surface drainage, pipe size, yard drains, catch basins, curb inlets, and topographic plan that Indicates location and elevation changes above or below natural grade (shown in one foot Intervals) within the past six months and contains the following certificate: !E E-ADnf d J owner/agent do hereby certify that I will develop the property In accordance with the approved plans which will be constructed or maintained so that surface waters from such development are not unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to such lower adjacent properties. In addition, the development will be constructed or maintained so that it will not unreasonably impede the natural flow of water from higher or adjacent properties across such development, thereby unreasonably causing substantial damage to such higher adjacent properties. Date, G - i1 Chwner/Agent: Non -Residential Site Plan Application Page 1 of 5 9110 SITE 7MOCE. CO-R--r- 31-1'-4-+ W I A • =xlbT?lFl-tlEFET-( LINE LL 'B7 �vnF4& abrmv-Aa?- -rmzz" C14AA-f OW P" Tl�. TP A JN Ma- 4nq vm—x. c UM-T- 4. , S 12 Non- ResfclentlaMite Plain submiitol Checklist.: Staff will use the following checklist to determine the completeness of your application. Only complete applications will be accepted. Non -Residential Site Plan Submittal Checklist Date Received: ;'r 'j "'1 TRC Date: Proiect Name: Applicant/Property Owner: Applications Complete Non -Residential Site Plan application WA NCDENR, DWQ stormwater permit application (if 10,000sf or more of built upon area) NCDENR, Land Quality, Erosion and Sedimentation Control permit application (if one acre or more of land disturbance) NCDOT Street and Driveway Access Permit Application and Encroachment Agreement ARHS Construction Improvements Permit Fee Application Fee ($.02/sf of gross floor area or $50 minimum) Plans Accurate site plan drawn to scale (1" = 50') Drainage Plan Bufferyard/Landscape Plan Lighting Plan, if applicable jV& NCDENR, Land Quality, Erosion and Sedimentation Control Plan, if one acre or more of land disturbance. Number of Copies Submitted 5 Copies of plans 5 Hard copies of ALL documents 1 PDF digital copy (ex. Compact Disk — a -mall not acceptable) of all plans AND documents Pre -application Meeting Pre -application meeting was held on 6 r' ' U, I i and the following people were present: Comments Non-Resldential Site Plan Application Page 5 of 5 9110 -1 OFFICIAL USE ONLY: Case Number: Non -Residential Site Plan Date Filed-. Application Gate Keeper: Amount Paid: 66 APPLICANT: PROPERTY OWNER: Name: Address: Telephone: Fax Number: Name: Address: Telephone: Fax Number. E-Mail Address, E-Mail Address: LEGAL RELATIONSHIP OF APPLICANT TO PROPERTY OWNER: UAX)AAOI I r Property, InfbrrriatIon..-. 7 77771 Physical Street Address. Location: Parcel Identification Number(s); Total Porcel(s) Acreage. Existing Land Use of Property: Project Name: LA N Proposed Use of the Properly: Deed Book/Page Number and/or Plot Cabinet/Slide Number: Total square footage of land disturbance activity, Total lot coverage: Total vehicular area: Zia '9 70 Existing gross floor area: Proposed gross floor area: L) I hereby authorize county officials to enter my property for purposes of determining zoning compliance. All Information submitted and required as part of this process shall become public record. AYA-Z,- C I zne4� Applicant Date Owner Date Non-Aesidential Site Plan Application Page 4 of 5 9/10 04 t cic co zy17~l Non -Residential (Commercial) Application Review Process 1669 Curritudk County Planning Deportment PO Box 70 Curritucc, NC 27929 66, Phone: 252.232.3055 Fax:. 252.232.3026 Physical Address: 153 Courthouse Road Website:httn://www.co.currltuck.ncus/Pimming�fm, The applicant must schedule a pre -submittal meeting with county staff to discuss the proposed plan, preliminary assessments regarding the proposed use and the adopted ordinance and plans, and process. The applicant must submit a complete application packet on or before the application submittal date. A complete application packet consists of the followings o Completed Currituck County Non -Residential Application. o Application Fee ($.02 per square foot of gross floor area or $50 minimum). a An accurate site plan of the property drawn to scale (1 "=50') In a professional like manner, unless waived by the administrator. The site plan shall include the followingL o General information including, but not limited to: vicinity sketch; north arrow; engineering scale ratio; acreage; title of the development; date of the plan; gross floor area of all buildings; name and address -of owner/developer and person or firm preparing the plan; and zoning setback lines. o Location(s), dimension(s), and arrangement of all: vehicular entrances, exits, drives and fire lanes; automobile parking spaces, width of alsles and bays, angle of parking and number of spaces; truck unloading docks, ramps and spaces; refuse colledldn (dumpster) container space(s); buildings) with exterior dimensions; fences, walls, docks, ramps, pools, patios, and surface areas; water tap(s) denoting size(s) of llne(s) or well area; sewer tap(s) denoting size(s) of lines or septic system location, including repair area; electrical service connection(s); existing and proposed fire hydrant; easements and rights -of -way; size(s) of all public utility lines (water, sewer and storm sewer) within all adjacent public rights -of -way and easements. o Drainage plan, Including a drainage narrative with calculations, site surface drainage, pipe size, yard drains, catch basins, curb Inlets, and topographic plan that indicates location and elevation changes above or below natural grade (shown In one foot intervals) within the post six months and contains the following certificate: , -AdanI _ Z_W211►Psti1 owner/agent do hereby certify that I will develop the property In accordance with the approved plans which will be constructed or maintained so that surface waters from such development are not unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to such lower adjacent properties. In addition, the development will be constructed or maintained so that it will not unreasonably Impede the natural flow of water from higher or adjacent properties across such development, thereby unreasonably causing substantial damage to such higher adjacent properties. Date: i,- A2 y/ Owner/Agent: Non-Rusidentlal Site Plan Applicaticn Page f of 5 9/10 i0i7- estdenirl PIanIsIatliitYaf,Ch ._... a �.. ecichst; ...,,_ � f', .;i.:, r� ,:,;;. ..� ,;�i.. •,,.�,-�. Staff will use the following checklist to determine the completeness of your application. Only complete applications will be accepted. Non -Residential Site Plan Submittal Checklist Date Received: a, TRC Dater Project Name, � -e"n" res'y - 1-":,:;,i 1S". aP/% .:':.1.,�i.i.. Applicant/Property Owner; `"fit lli-4 1`i`, �a� 1.=:'`,�Y;��•.�,��h.� Applications Complete Non -Residential Site Plan application NCDENR, DWQ stormwater permit application (if 10,000sf or more of built upon area) NCDENR, Land Quality, Erosion and Sedimentation Control permit application (if one acre or more of land disturbance) NCDOT Street and Driveway Access Permit Application and Encroachment Agreement ARMS Construction Improvements Permit Fee Application.Fee ($.02/sf of gross floor area or $50 minimum) Plans Accurate site plan drawn to scale (i" = 50') Drainage Plan Bufferyard/Landscape Plan Lighting Plan, If applicable NCDENR, Land Quality, Erosion and Sedimentation Control Plan, if one acre or more of land disturbance. Number of Copies Submitted 5 Copies of plans 5 Hard copies of ALL documents 1 PDF digital copy (ex. Compact Disk — e-mail not acceptable) of all plans AND documents Pre -application Meeting Pre -application meeting was held on"ZzIl and the following people were present: Comments Non -Residential Sate Plan Applicadon Page 5 of 5 9/10 6a6LZ GS7L657821- 111HAcan� �41 NMVZ❑ p7/r7/'� 3ido ❑g4o«Io�a .,�25 r3lft�b3'nollxr�lttvo'J---atn 2119 41%-I� 6'-&L2 '�t�tiS�S aoHS NzaH.Lno4 -�IrtlS.s;aaAS,aLojg9 Now G`VS-% -3171VVV •NHCt -21m NM 0 �'N 1.lNno7 -A,3n i l?J�n7 'd5m1 HaN�Y21� 25V�dod -L71no7 �-)V9d III bbr1�'I 71�2LVd SSSINlSnB WO�a3�l� NO I-LVOo� } Nd,O -311G - --------- - --------- . lll u P I I t I IL I I I •OFl � � � � I � � I I: _ � I A I I � I � �< Ii J � f � 7 ;F •• � Q�, • � C r � 1zry M�soH a =z P Z i -$- 0 9 �7 xi w 8 7 ° z 0 0 o r o �� o � ��V[• 7. N W OFFICIAL USE ONLY: Case Number. Non -Residential Site Plan Date Filed: ` Application Gate Keeper: Amount Paid: r r.nx Contact Information APPLICANT: PROPERTY OWNER:: Namo; �� r3 �•e '� �� li.�'� %' Name; /Ct r4 C D o '" Address; Y0 t 3 1 V y L i 4' � Address: C� i 3 I U y ?•f! K r y'Y y Aywz< ry c. ?? S' S'rj �C ,->✓ / /�.¢� r, iV �y f 5 Telephoner+' :�' Y� ! -� Telephone: yo i _ Fax Nunben S. °Z �S 1.5,E `� Fax Number, -�g oi -A - E•Mail Address; !_�C'�3 DF N �./ C)9*? rFIA Nl , ; E-Mall Address; J3 7%4x LEGAL RELATIONSHIP OF APPLICANT TO PROPERTY OWNER: !tt Property Information Physical Street Address: Zo ' Location: �C� • [ C S C�i ti'' c " �` Parcel Identification Number(s), /ALf F_ &I el o is V0c)c) Total Parcel(s) Acreage: _ , I , 4 C_ �(/ SJr j rr,. :5 t-�' T r' - , _ _ .. Existing Land Use of Property; t/x e,;r,y Lir r r Request - - - - - -- Project Nomer UC3 Pfia� 17 ��L," Proposed Use of the Property: "v , "C' +q G I Deed Book/Page Number and/or Plat Cabinet/511de Number:' % 5 7 r! /Q vZci' / Total square footage of land disturbance activity: ., -�, „!„_„_„ _ ✓` Y Total lot coverages . `1 r Total vehicular area: V 6 / 1 Existing gross floor area: 0 Proposed gross floor area: SYU I hereby authorize county officials to enter my property for purposes of determining zoning compliance. All Information submitted and required as part of this process shall become public record. Applicant r Date Owner Date^ Non•Resldentlal Site Plan Ap,llcaton Page 4 of 5 9110 0 5 s� Non -Residential (Commercial) Application Review process Contact Information Currituck County Planning Department• PO Box 70 ' Currituck, NC 27929 Step) Pre -application Meeting Phone: '252'232.3055 Fax: 252.232.3026 Physical Address: 153 Courthouse Road Websfte: httg://www.co.currituck.nc.us/Plonnina.cfm The applicant must schedule a pre -submittal meeting with county staff to discuss the proposed plan, preliminary assessments regarding the proposed use and the adopted ordinance and plans, and process. Step 2 Applicatlon Submittal The applicant must submit a complete application packet on or before the application submittal date. A complete application packet consists of the fallowing: Completed,Currituck County Non -Residential Application. Application Fee ($.02 per square foot of gross floor area or $50 minimum). . i isr.*O An accurate site plan of the property drawn to scale (V=50') in a professional like manner, unless waived by the administrator. The site plan shall include the following: o General information including, but not limited to: vicinity sketch; north arrow; engineering scale ratio; acreage; trtle of the development; date of the plan; gross floor area of all buildings; name and address of owner/developer and person or firm preparing the plan; and zoning setback lines. o Location(s), cilmenslon(s), and arrangement of all: vehicular entrances, exits, drives and fire lanes; automobile parking spaces, width of.oisles and bays, angle of parking and number of spaces; truck unloading docks, ramps and spaces; refuse collodion (dumpster) container space(s); buildings) with 'exterior dimensions; fences, walls, docks, ramps, pools, patios, and surface areas; water top(s) denoting size(s) of lines) or well area; sewer tap(s) denoting sizes) of lines or septic system location, including repair area; electrical service connection(s); existing and proposed fire hydrant; easements and rights -of -way; size(s) of all public utility lines (water, sewer and storm sewer) within all adjacent public rights -of -way and easements. o Drainage plan, Including a drainage narrative. with calculations, site surface drainage, pipe size,. yard drains, catch basins, curb inlets, and topographic plan that indicates location and elevation changes above or below -natural grade (shown in one foot Intervals) within the past six months and contains the following certificate: I, /?o�3Erz-r b K-,it- lowner/agent do hereby certify that I will develop the property in accordance with the approved plans which will be constructed or maintained so that surface waters from such development are not unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to such lower adjacent properties. In addition, the development will be constructed or maintained so that it will not unreasonably Impede the natural flow of water from higher or adjacent properties across such development, thereby unreasonably causing substantial damage to such higher adjacent properties. Date, 0 • � / - I I Owner/Agent: ✓.�t. Nan -Residential Site Plan Applicatlan Page t of 5 9110 LEGEND: l - t� . n.e Ex. Rebar 1 Fire Hydrant 22 Transformer g �t a / tSI� A Water Meter ', I, ROBERT G. DARDEN, OWNER DO HEREBY CERTIFY THAT I WILL ■ Lot Number Post 5 DEVELOP THE PROPERTY IN ACCORDANCE WITH THE APPROVED PLANS IIHICH WILL BE CONSTRUCTED OR MAINTAINED SO THAT D.a. U57, M. 47 a Spot Elevation SURFACE WATERS FROM SUCH DEVELOPMENT ARE NOT ILK- N7 B _ NAVO 88 UNREASONABLY COLLECTED AND OlANNELED ONTO LOWER ADJACENT SUCH " g n.c 37 SITE Proposed Tree PROPERTIES AT SUCH LOCATIONS OR AT vOL.uMES As To h, z; CAUSE SUBSTANTIAL DAMAGE TD SUCH LOWER ADJACENT PROPERTIES. IN CONSTRUCTED OR MAINTAINED S THAT IT WILL N0T UNREASONABLY /\ \ / �4�ry 87 �'ICIPTITY MAP N: IMPEDE THE NATURAL FLOW OF WATER FROM HIGHER OR ADJACENT B %\ 4= ROPER PTIES ACROSS SUCH DEVELOPMENT. THEREBY UNREASONABLY � / \ ` E'4�,y �! - - - - - - - CAUSING SUBSTANTIAL DAMAGE TO SUCH HGHER ADJACENT PROPERTIES. � V' } DATA aWNEa: NOTES: Address, 107 Peace Court ryry�� / _ OR✓t� 4 // I I Lot Area = 41,779 Sq. Ft. i State Storrowater Permit No., F1a 7050207 Da 11M. rc e S f° / I I` T Proposed Coverage= 10,205 (24.4%) Flood Zones are subject to change lr> Setbacks shown are as per the County of Currituck Zoning; they do not LVc reflect any Restrictive Covenants that may exist. This bosed the survey was on existing property corners found In conjunction DS1157, PC 33 . - _ with the recorded reference given. Certifler hereon Is not responsible for utilities and/or features that are 4� not visible at the time of the survey, nor any additional setbacks that / \� I r I-- are not shown. r, ry �3"aM i_ 15' UT0. A DR -a ERYXENS _, ..;. ... 7 ` � I� �- ��' � n„� 579'34'14'W — 374.83' ' °m {FleLS} 121 13 — N79 28 13 E `+fiCE -,- G LF _ (REc) 121 11 N79 3a 14 E ::. T ,.....-- -- _ 50 R .... E CofE Or A�4 15'�CD"R RD 0 1 2700 N. Croerao H-y. KA D-A Hills. NC. Z7948 C-1697 Phone: (252) 441-1415 F— (252) 480-1182 CURVE DATA, C-I R- 200.W L- 127.te• C- S82.15.11'E 124,99• „SITE PLAN" FOR LOT 46 THIS DOCUMENT ❑RIGINALLY ISSUED AND SEALED BY M. DOUGLAS STYONS JR., C-2 R- 2OBW L- 1.27.0Z C- S45-49'16'E IF5-W FREEDOM BUSINESS PARK, LLC.-PHASE I L-3227, ON 6-22-2011, THIS MEDIA SHOULD NOT BE CONSIDERED A CERTIFIED DOCUMENT. s SURVEYED FOR GRAPHIC SCALE �,� ,,,,, rw.. r-.r�T M A I IN rEET ) 1 L-h - M IL Currituck County Planning Dept Application for commercial building in Freedom Industrial Park Planned building will be 5940 sq ft, with 6 units each 45x22. Plan use is to rent units for storage of large items. Each unit will have a walk in door and 14 x 14 overhead door. Building is designed and erected by Harrellsville Metal Works. They have been doing business in Currituck for over 25 years. They will also take care of doing the site work. Any swales required will be dug as the site work is done. Any required plantings will be done after construction. There are currently small trees, 6-8 feet tall along the front on 45 ft centers. Hopefully most of the can remain and any gaps filled in. The lot drains toward the rear and the west as shown by elevations on survey. there is a state storm water permit # FW 7050207 for the industrial park. The lots on both side, across the street and behind my lot are still vacant. There should not be a need for turn around space for fire trucks since it is directly on Peace court which is a cul-de-sac with minimal traffic. There will be a marked handicapped parking space and one overhead door will be fitted with an electric door opener. I will install a fire extinguisher in each unit if required. There will not be any heated space, restrooms, or water in the building. Three exterior security lights and minimal interior lighting and outlets are planned. No septic system will be installed. The minimum finished floor elevation taken from the storm water permit is 8.82 ft. {! irrw;l` 16irrtil7ir N-v- 2011 33549 t TA-rrnging Nvarb for (6rn.eral Tunfrarturo FOS GEIyE ,A Y 20. 1 S CO J Z 11_ 73 RrH -�CAROL Of lli,s is to Lrrtifiq 014at: Harrellsville Metal Works, Inc. Harrellsville, NC is bulg rrgistrrrb anb rntitlrh to prartirr tnxn Limitation: Limited Classification: Buiilding until December 31, 2011 wilrn tllir, Lrrtifiratr rxpirrs. lViturss nur llanlr, anb sral of tlir 13nar). Batrl, Ealrigll. N--6. January 1, 2011 c:E�i � rrrfifir7lr aaaaiE aanl Ear alierrl. f RE: SW7 050207 Freedom Business Park Subject: RE: SW7 050207 Freedom Business Park From: "Chris Taylor" <ctaylor@spectrava.com> Date: Fri, 27 May 2005 16:24:35 -0400 To: "Linda Lewis" <linda.lewis@ncmail.net> CC: "Michael Kuntz \(E-mail\)" <mike@salesleads.com>, <jim@edsallandepp.com> Here you go... -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Friday, May 27, 2005 3:44 PM To: Chris Taylor Subject: Re: SW7 050207 Freedom Business Park Chris: If you add the phase III lots to that Exhibit A list, we'll be done. Linda Chris Taylor wrote: Linda- Attached is the Exhibit A for Phase li. Let me know if you need anything else in order to issue the permit. Thanks, Chris -----Original Message ----- From: Linda Lewis [mailtc:linda.lewis@ncmail.net] Sent: Friday, May 27, 2005 12:12 PM To: Chris Taylor Subject: Re: SW7 050207 Freedom Business Park Chris: The permit that will be issued will include both Phase II and Phase III. The previously issued SW7 030405 permit will be superseded and will cease to apply at this project upon issuance of the 050207 permit. I think it was merely an oversight in Washington when the project was submitted. Normally, the same permit number would have been kept (SW7 030405) and it would have been reissued with Phase III added to it. All modifications are subject to being changed to comply with any new regulations or interpretations that have taken place since the original permit was issued. That being said, deed restrictions (DR's) are not required to be recorded before the permit is issued. I only wanted a copy of the recorded Phase II DR's because you told me that they had already been recorded and limited the BUA on the lots in Phase II to 65% of their area. If only some of the Phase IT lots have been recorded at 65%, then whatever lots remain in Phase II that are awaiting issuance of the modified permit to be upped to 65% should be reported in square feet in the proposed amendment, along with the Phase III lots. For those Phase IT lots with a BUA limit already recorded at 65%, you need not change them to square feet, but they do need to be identified and listed in the permit as being limited to 65%. So, send me a modified Exhibit A listing those Lots in Phase IT that are recorded as being limited to 65%, those Lots in Phase 11 that are now being changed to 65% reported in square feet, and all lot BUA in Phase 1 of6 5/31/2005 7:51 AM RE: SW7 050207 Freedom Business Park III reported in square feet. Upon receipt of the permit, the permittee is expected to execute and record the necessary documents so that the permitted conditions are met. Linda Chris Taylor wrote: Linda- I feel like I'm going around in circles, but the latest from the atty is below. The previous covenants for Phase II mandated development at less than 65!� in conformance with the original low density permit, but it seems Jim Edsall feels he can not amend the covenants until we have approval of the stormwater plan by the county (which we can not get until we have permits issued by the state). Catch 22? I believe he is under the impression that you should be able to issue a permit for 65% lot coverage without amending the covenants for Phase II because it seems that the state has already done so with SW7030405. We are modifying that permit to go from the grassed swales and wet infiltration basin originally permitted to the interconnected wet ponds proposed with this submittal. This change was mandated by the county because they were unhappy with the previous design and stated that it was not functioning as designed. I will fax you the previous permit and agreement with the County. Maybe there is a way yet that we can move forward with this. If you feel you can not issue the new permit without modified covenants for Phase II, will you accept a draft of the revised covenants to be recorded upon County approval? Sorry for all the confusion and thanks for your help in getting this resolved. Chris -----Original Message ----- From: Jim Edsall [mailto:jimOedsallandepp.com] Sent: Thursday, May 26, 2005 11:52 AM To: Chris Taylor; Michael Kuntz (E-mail) Subject: RE: SW7 050207 Freedom Business Park Chris and Mike, I am faxing to Chris a copy of the Phase II and III stormwater permit which was just faxed to me by Andy at Quible. This approves 65% coverage for Phase II and Phase III. I am also faxing the agreement between Mike and the County regarding coverage in Phase II. Through this agreement, the County has agreed to allow Mike to increase coverage for Phase II to 65% as follows: 1) the 9 lots that had already applied for building permits were increased immediately; 2) the 4 other lots that had been sold but had not applied for building permits to be increased upon approval by the County of a comprehensive stormwater plan for Phase II and Phase III; and 3) the remaining 4 unsold lots in Phase II to be increased upon Mike obtaining an agreement with the neighbor to the south to clean the ditch, and approval by the County of a comprehensive stormwater plan that does not require stormwater conveyance through ditches located on adjoining property. The Phase 11 restrictive covenants can be amended only when all of the above requirements of the agreement have been met, allowing the increase to 65%. Once those requirements have been met, the owners in Phase II can be asked to amend the covenants to increase their coverage to 65% for their lots. Jim -----Original Message----- 2 of 6 5/3 ! /2005 7:51 AM RE: SW7 050207 Freedom Business Park From: Linda Lewis [mailto:linda.lewisancmail.net] Sent: Thursday, May 26, 2005 8:17 AM To: Chris Taylor Subject: Re: SW7 050207 Freedom Business Park Chris: No, I have not received a copy of the recorded deed restrictions for Phase II. If they were recorded at 65% for the lots, then I will honor that and put that into the modified permit. If they were not recorded at 65%, then Each lot owner will need to sign an amendment to the restrictions acknowledging and accepting this limitation. Linda Chris Taylor wrote: Linda- Just received a letter from Mike Kuntz's atty.(I will fax this to you) He says that we can not ammend the recorded covenants for Phase II since most of those lots have already been sold. Have you received a copy of the Phase II covenants as yet? Hopefully they already specify the desired 65% BUA. I've requested a copy from the atty and will forward to you upon receipt. Not sure what we will do if the specified BUA is something other than 65%. -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net Sent: Tuesday, May 24, 2005 5:31 PM To: Chris Taylor Subject: Re: SW7 050207 Freedom Business Park Chris: We used to allow that, but due to potential math errors, lot area changes, etc., we prefer the BUA per lot specified in square feet. Linda Chris Taylor wrote: Linda- I'm figuring the BUA by multiplying 65% of each lot area. Can we just specify that 65%/lot rather than individually list each BUA as shown in Exhibit A? This might be better if lot sizes were to change during the permitting process due to lot perc tests or other permitting requirements. I was thinking something to this effect: */14.2 The maximum allowable built upon area per lot is 65% of the lot area: /* */These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right of 3 of 6 5/31 /2005 7:51 AM RE: SW7 050207 Freedom Business Park way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools./* -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net Sent: Tuesday,.May 24, 2005 4:08 PM To: Chris Taylor Subject: Re: SW7 050207 Freedom Business Park Chris: Yes, please. Linda Chris Taylor wrote: 65% BUA per lot is what is desired for all lots within Phase II and III. We will amend the proposed covenants to include lots 5-24 as you suggested. Do you still need Exhibit A revised to include lots 5-24? -----Original Message ----- From: Linda Lewis [mailto:linda.lewisOncmail.net] Sent: Tuesday, May 24, 2005 11:55 AM To: Roger Thorpe Cc: Chris Taylor Subject: Re: SW7 050207 Freedom Business Park Thanks, Roger. Since the 030405 permit did not require deed restrictions, I am going to include a design condition in the 050207 permit that Lots 5-24 are limited to 65% BUA per lot, and a requirement to record a deed restriction to that effect. Chris, if 65% per lot is no longer the design basis for lots 5-24, please advise, and revise Exhibit A as necessary to reflect the correct BUA per lot for those lots. Please remember that if a lot is already sold, you will not be able to change it's BUA limit without the owner's permission. 4 of 6 5/31/2005 7:51 AM RE: 5W7 050207 Freedom Business Park Linda Roger Thorpe wrote: Linda I have attached a copy of the previous permit as you requested. The files do not contain any deed restrictions. However the submittal specified 65% lot coverage on each lot. Roger Linda Lewis wrote: Chris: The reason I asked for a copy of the previous deed restrictions is because the modified application is for Phases II and III, however, the current proposed deed restriction document does not cover Lots 5-24 in Phase II, so I am unable to write the BUA limits for those lots into the permit. I will copy this email to the Washington Regional Office and request that they send me an electronic copy of the SW7 030405 permit that covered Phase II, and fax me a copy of the Phase II deed restrictions. Additionally, as I was attempting to draft the permit, I noticed that the current deed restrictions only go from Lot 25 to Lot 42, however, Phases II and III cover Lots 5-52 (Lots 1-4 were previously permitted under a separate permit). Please add Lots 43-52 and their respective BUA limits to Exhibit A, and resubmit that document. Linda 5 off, 5/31/2005 7:51 AM RE: SW7 050207 Freedom Business Park Freedom CovenantsII&III Exhibit A.doc Content -Description: Freedom CovenantsII&IH Exhibit A.doc Content -Type: appl ic atio n/m sword Content -Encoding: base64 6 of 6 5/31/2005 7:51 AM Re: SW7 050207 Freedom Business Park Subject: Re: SW7 050207 Freedom Business Park From: Linda Lewis <linda.lewis@ncmail.net> Date: Fri, 27 May 2005 12:11:49 -0400 To: Chris Taylor <ctaylor@spectrava.com> Chris: The permit that will be issued will include both Phase II and Phase III. The previously issued SW7 030405 permit will be superceded and will cease to apply at this project upon issuance of the 050207 permit. I think it was merely an oversight in Washington when the project was submitted. [normally, the same permit number would have been kept (SW7 030405) and it would have been reissued with Phase III added to it. All modifications are subject to being changed to comply with any new regulations or interpretations that have taken place since the original permit was issued. That being said, deed restrictions (DR's) are not required to be recorded before the permit is issued. I only wanted a copy of the recorded Phase IT DR's because you told me that they had already been recorded and limited the BUA on the lots in Phase II to 65% of their area. If only some of the Phase II lots have been recorded at 65%, then whatever lots remain in Phase II that are awaiting issuance of the modified permit to be upped to 65* should be reported in square feet in the proposed amendment, along with the Phase III lots. For those Phase II lots with a BUA limit already recorded at 65%, you need not change them to square feet, but they do need to be identified and listed in the permit as being limited to 65%. So, send me a modified Exhibit A listing those Lots in Phase II that are recorded as being limited to 65%, those Lots in Phase II that are now being changed to 65% reported in square feet, and all lot BUA in Phase III reported in square feet. Upon receipt of the permit, the permittee is expected to execute and record the necessary documents so that the permitted conditions are met. Linda Chris Taylor wrote: Linda- I feel like I'm going around in circles, but the latest from the atty is below. The previous covenants for Phase II mandated development at less than 65% in conformance with the original low density permit, but it seems Jim Edsall feels he can not amend the covenants until we have approval of the stormwater plan by the county (which we can not get until we have permits issued by the state). Catch 22? I believe he is under the impression that you should be able to issue a permit for 65% lot coverage without amending the covenants for Phase II because it seems that the state has already done so with SW7030405. We are modifying that permit to go from the grassed swales and wet infiltration basin originally permitted to the interconnected wet ponds proposed with this submittal. This change was mandated by the county because they were unhappy with the previous design and stated that it was not functioning as designed. I will fax you the previous permit and agreement with the County. Maybe there is a way yet that we can move forward with this. If you feel you can not issue the new permit without modified covenants for Phase II, will you accept a draft of the revised covenants to be recorded upon County approval? Sorry for all the confusion and thanks for your help in getting this resolved. Chris -----Original Message ----- From: Jim Edsall [mailto:'im@edsallande .comI Sent: Thursday, May 26, 2005 11:52 AM To: Chris Taylor; Michael Kuntz (E-mail) Subject: RE: SW7 050207 Freedom Business Park Chris and Mike, 1 of 5 5/27/2005 12:16 PM Re: SW7 050207 Freedom Business Park I am faxing to Chris a copy of the Phase IT and III stormwater permit which was just faxed to me by Andy at Quible. This approves 65% coverage for Phase II and Phase III. I am also faxing the agreement between Mike and the County regarding coverage in Phase II. Through this agreement, the County has agreed to allow Mike to increase coverage for Phase II to 65% as follows: 1) the 9 lots that had already applied for building permits were increased immediately; 2) the 4 other lots that had been sold but had not applied for building permits to be increased upon approval by the County of a comprehensive stormwater plan for Phase II and Phase III; and 3) the remaining 4 unsold lots in Phase II to be increased upon Mike obtaining an agreement with the neighbor to the south to clean the ditch, and approval by the County of a comprehensive stormwater plan that does not require stormwater conveyance through ditches located on adjoining property. The Phase 11 restrictive covenants can be amended only when all of the above requirements of the agreement have been met, allowing the increase to 65%. Once those requirements have been met, the owners in Phase IT can be asked to amend the covenants to increase their coverage to 65% for their lots. Jim -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net Sent: Thursday, May 26, 2005 8:17 AM To: Chris Taylor Subject: Re: SW7 050207 Freedom Business Park Chris: No, I have not received a copy of the recorded deed restrictions for Phase II. If they were recorded at 6S% for the lots, then I will honor that and put that into the modified permit. If they were not recorded at 65%, thed each lot owner will need to sign an amendment to the restrictions acknowledging and accepting this limitation. Linda Chris Taylor wrote: Linda- Just received a letter from Mike Kuntz's atty.(I will fax this to you) He says that we can not ammend the recorded covenants for Phase II since most of those lots have already been sold. Have you received a copy of the Phase IT covenants as yet? Hopefully they already specify the desired 65% BUA. I've requested a copy from the atty and will forward to you upon receipt. Not sure what we will do if the specified BUA is something other than 65%. -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net Sent: Tuesday, May 24, 2005 5:31 PM To: Chris Taylor Subject: Re: SW7 050207 Freedom Business Park Chris: We used to allow that, but due to potential math errors, lot area changes, etc., we prefer the BUA per lot specified in square feet. Linda Chris Taylor wrote: 2 of 5 5/27/2005 l 2: l 6 PM Re: SW7 050207 Freedom Business Park Linda- I'm figuring the BUA by multiplying 65% of each lot area. Can we just specify that 65%/lot rather than individually list each BUA as shown in Exhibit A? This might be better if lot sizes were to change during the permitting process due to lot perc tests or other permitting requirements. I was thinking something to this effect: */14.2 The maximum allowable built upon area per lot is 65% of the lot area: /* */'These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right of way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools./* -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Tuesday, May 24, 2005 4:08 PM To: Chris Taylor Subject: Re: SW7 050207 Freedom Business Park Chris: Yes, please. Linda Chris Taylor wrote: 65% RUA per lot is what is desired for all lots within Phase II and III. We will amend the proposed covenants to include lots 5-24 as you suggested. Do you still need Exhibit A revised to include lots 5-24? -----Original Message ----- From; Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Tuesday, May 24, 2005 11:55 AM To: Roger Thorpe Cc: Chris Taylor Subject: Re: SW7 050207 Freedom Business Park Thanks, Roger. Since the 030405 permit did not require deed restrictions, I am going to include a design condition in the 050207 permit that Lots 5-24 are limited to 65% BUA per lot, and a requirement to record a deed restriction to that effect. Chris, if 65% per lot is no longer the design basis for lots 5-24, please advise, and revise Exhibit A as necessary to reflect the correct BUA per lot for those lots. Please remember that if a lot is already 3 of 5 5/27/2005 12:16 PM Re: SW7 050207 Freedom Business Park sold, you will not be able to change it's BUA limit without the owner's permission. Linda Roger Thorpe wrote: Linda I have attached a copy of the previous permit as you requested. The files do not contain any deed restrictions. However the submittal specified 65% lot coverage on each lot. Roger Linda Lewis wrote: Chris: The reason I asked for a copy of the previous deed restrictions is because the modified application is for Phases II and III, however, the current proposed -deed restriction document does not cover Lots 5-24 in Phase II, so I am unable to write the BUA limits for those lots into the permit. I will copy this email to the Washington Regional Office and request that they send me an electronic copy of the SW7 030405 permit that covered Phase II, and fax me a copy of the Phase II deed restrictions. Additionally, as I was attempting to draft the permit, I noticed that the current deed restrictions only go from Lot 25 to Lot 42, however, Phases IT and III cover Lots 5-52 (Lots 1-4 were previously permitted under a separate permit). Please add Lots 43-52 and their respective BUA limits to Exhibit A, and resubmit that document. Linda 4 of 5 5/27/2005 12:16 PM Re: SW7 050207 Freedom Business Park Subject: Re: SW7 050207 Freedom Business Park From: Roger Thorpe <Roger.Thorpe@ncmail.net> Date: Tue, 24 May 2005 11:44:04 -0400 To: Linda Lewis <linda.lewis@ncmail.net> Linda I have attached a copy of the previous permit as you requested. The files do not contain any deed restrictions. However the submittal specified 65% lot coverage on each lot. Roger Linda Lewis wrote: Chris: The reason I asked for a copy of the previous deed restrictions is because the modified application is for Phases II and III, however, the current proposed deed restriction document does not cover Lots 5-24 in Phase II, so I am unable to write the BUA limits for those lots into the permit. I will copy this email to the Washington Regional Office and request that they send me an electronic copy of the SW7 030405 permit that covered Phase II, and fax me a copy of the Phase II deed restrictions. Additionally, as I was attempting to draft the permit, I noticed that the current deed restrictions only go from Lot 25 to Lot 42, however, Phases II and III cover Lots S-52 (Lots 1-4 were previously permitted under a separate permit). Please add Lots 43-52 and their respective BUA limits to Exhibit A, and resubmit that document. Linda Content -Type: application/msword 2003 Freedom Business Park - Inf.doc Content -Encoding: base64 of 1 5/24/2005 11 A7 AM Re: SW7 050207 Freedom Business Park Subject: Re: SW7 050207 Freedom Business Park From: Linda Lewis <1inda.1ewis@ncmail.net> Date: Tue, 24 May 2005 11:44:24 -0400 To: Chris Taylor <ctaylor@spectrava.com> Chris: I emailed Washington for a copy of the SW7 030405 permit that the BUA's for those lots listed. In the interest of time, if 5-24 to Exhibit A, that would allow me to write this permit. proposed covenants for SW7 050207 that was submitted with the to be revised as well to include these additional lots. I can of that page from the attorney. Linda Chris Taylor wrote: should already have you could add lots The first page of the application will need accept a faxed copy Linda- Looks like we are on the same page this morning ... our emails must have passed each other in cyberspace. Attached is the revised Exhibit A. Bo you need the covenants and exhibit A revised further to include lots 5-24? I'll see if I can get a copy of the covenants for those lots. -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Tuesday, May 24, 2005 11:03 AM To: Chris Taylor Cc: Al Hodge;. -Roger Thorpe; Bill Moore Subject: SW7 050207 Freedom Business Park Chris: The reason I asked for a copy of the previous deed restrictions is because the modified application is for Phases II and III, however, the current proposed deed restriction document does not cover Lots 5-24 in Phase II, so I am unable to write the BUA limits for those lots into the permit. I will copy this email to the Washington Regional Office and request that they send me an electronic copy of the SW7 030405 permit that covered Phase II, and fax me a copy of the Phase II deed restrictions. Additionally, as I was attempting to draft the permit, I noticed that the current deed restrictions only go from Lot 25 to Lot 42, however, Phases II and III cover Lots 5-52 (Lots 1-4 were previously permitted under a separate permit). Please add Lots 43-52 and their respective BUA limits to Exhibit A, and resubmit that document. Linda of 1 5/24/2005 12:13 PM Re: SW7 050207 Freedom Business Park Subject: Re: SW7 050207 Freedom Business Park From: Linda Lewis <linda.lewis cr ncmail.net> Date: Tue, 24 May 2005 11:55:01 -0400 To: Roger Thorpe <Roger. Thorp e@ncmai 1. net> CC: Chris Taylor <ctaylor@spectrava.com> Thanks, Roger. Since the 030405 permit did not require deed restrictions, I am going to include a design condition in the 050207 permit that Lots 5-24 are limited to 65% BUA per lot, and a requirement to record a deed restriction to that effect. Chris, if 65% per lot is no longer the design basis for lots 5-24, please advise, and revise Exhibit A as necessary to reflect the correct BUA per lot for those lots. Please remember that if a lot is already sold, you will not be able to change it's BUA limit without the owner's permission. Linda Roger Thorpe wrote: Linda I have attached a copy of the previous permit as you requested. The files do not contain any deed restrictions. However the submittal specified 65% lot coverage on each lot. Roger Linda Lewis wrote: Chris: The reason I asked for a copy of the previous deed restrictions is because the modified application is for Phases II and III, however, the current proposed deed restriction document does not cover Lots 5-24 in Phase II, so I am unable to write the BUA limits for those lots into the permit. I will copy this email to the Washington Regional Office and request that they send me an electronic copy of the SW7 030405 permit that covered Phase II, and fax me a copy of the Phase II deed restrictions. Additionally, as I was attempting to draft the permit, I noticed that the current deed restrictions only go from Lot 25 to Lot 42, however, Phases II and III cover Lots 5-52 (Lots 1-4 were previously permitted under a separate permit). Please add Lots 43-52 and their respective BUA limits to Exhibit A, and resubmit that document. Linda 1 of 1 5/24/2005 12:13 PM SW7 050207 Freedom Business Park Subject: SW7 050207 Freedom Business Park From: Linda Lewis <linda.lewis@ncmail.net> Date: Tue, 24 May 2005 11:02:43 -0400 To: Chris Taylor <ctaylor a spectrava.com> CC: Al Hodge <ALHodge@ncmai1.net>, Roger Thorpe <Roger. Thorpe@ncmai 1. net>, Bill Moore <bill.moore@ncmail.net> Chris: The reason I asked for a copy of the previous deed restrictions is because the modified application is for Phases IT and III, however, the current proposed deed restriction document does not cover Lots 5-24 in Phase II, so I am unable to write the BUA limits for those lots into the permit. I will copy this email to the Washington Regional Office and request that they send me an electronic copy of the SW7 030405 permit that covered Phase IT, and fax me a copy of the Phase IT deed restrictions. Additionally, as I was attempting to draft the permit, I noticed that the current deed restrictions only go from Lot 25 to Lot 42, however, Phases II and III cover Lots 5-52 (Lots 1-4 were previously permitted under a separate permit). Please add Lots 43-52 and their respective 9UA limits to Exhibit A, and resubmit that document. Linda 1 of 1 5/24/2005 l 1:02 AM HE .'ECTRA GROUP INC. 563 Central Drive Virginia Beach, Virginia 23454 Phone: 757.497.5862 Fax: 757.456.0017 Webpage: www.spectrava.com May 20, 2005 RECEIVE Ms. Lind"t Lewi's MAY 2 3 2�05 North Carolina Division of Water Quality Wilmington Regional Office �i y 127 Cardinal Drive Extension kk ilmington. NC 25405-3845 Subject: Stormwater Project No. SW7 050207 (Modification of SW7 030405) Freedom Business Park Phases II and IIf, Currituck County [dear Ms. Lewis: \Vc have revised the above referenced plan and are resubmitting two sets for approval. The following comments are keyed to those of yo1u- letter dated May 17, 2005: As discussed. a fax letter leas been provided from the Corps of engineers indicating there is no wetlands present on the property. 2. A trash rack has been provided for the weir and orifices. A detail is provided on sheet 2. 3. As discussed, the drawdown time is su1'ficient. The otitfall ditch is dry except during heavy rairltall. 4. Lots 1-4 are a part of Phase I and not a part of this permit appllcatloll (Phase I I and III). I believe we have addressed all colrtments set forth in \roar letter.•II'yoar have any questions, or desire additional information, please do'not hesitate to call. Sincerely. TI-IE SPECTRA GROUP, INC. (I Christopher Inc. cc. Michael Kuntz 04-1524 Providing Quality Service Since 7981 ENGINEERING 0 SURVEYING 0 SUBSURFACE UTILITY ENGINEERING 0 North Carolina Currituck County DECLARATION OF PROTECTIVE COVENANTS FOR FREEDOM BUSINESS PARK - PHASE III LOTS 25 THROUGH 52, INCLUSIVE THIS DECLARATION, made and entered into this _ day of , 2005, by MICHAEL KUNTZ and GAY S. KUNTZ, hereinafter referred to as "Declarant"; WITNESSETH: THAT WHEREAS, Declarant is the owner of that certain tract or parcel of land more particularly described as Lots 25 through 52, inclusive, Freedom Business Park Subdivision - Phase III ("Phase III") as shown on the map or plat recorded in Plat Cabinet _, Slide , in the Currituck County Public Registry; AND WHEREAS, it is for the mutual benefit of all lot owners, present and future, in said subdivision for Declarant to subject said lot as referenced hereinabove to the following Protective Covenants; NOW, THEREFORE, Declarant does hereby declare that all of the properties referred to above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties, or any part thereof, their heirs, successors and assigns, for the term of these covenants as set forth below, and shall inure to the benefit of each holder thereof. ARTICLE I LAND USE AND BUILDING TYPE. No building shall be erected, altered, placed or permitted to remain on any lot other than those which shall conform with all size, use and setback requirements established by the governmental authorities of the County of Currituck and the State of North Carolina. No lot shall be used in any circumstance for "adult"oriented business. ARTICLE II SITE AND PLAN APPROVAL. No building, fence, or any other structure shall be erected, placed or altered on any premises in said development until the building plans, specifications and plot plan showing the location of such improvements have been approved by the appropriate governmental authorities. RECEIVED ARTICLE III MAY T 3 2005 PROJ # W. „ BUILDING LOCATION. No building shall be located on any lot nearer than the setbacks established by the Unified Development Ordinance of Currituck County (hereinafter "UDO"), and the North Carolina General Statutes. ARTICLE IV EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved over the front ten (10) feet of each lot, the rear ten (10) feet of each lot, and ten (10) feet on each sideline, unless shown in excess of such distances on any recorded plat, in which case the plat shall control. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities and drainage facilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retire the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. ARTICLE V NUISANCES. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No signs or billboards shall be stored or regularly parked on the premises. ARTICLE VI TEMPORARY STRUCTURES. Except as hereinbefore set forth, no trailer, tent, shack, barn or other out building, except a private garage for not more than three (3) cars, shall be erected or placed on any lot covered by these covenants. No detached garage shall at any time be used for human habitation, either temporarily or permanently. ARTICLE VII FENCES. Opaque fences and screening shall be installed in accordance with the requirements of the UDO. ARTICLE IX ACCESSORY BUILDINGS. All accessory buildings must conform to the same architectural style as the commercial building located on the same lot, and must be in conformance with the lot coverage restrictions found in the UDO. ARTICLE IX APPEARANCE. Each owner shall keep his building site free from tall grass, undergrowth, dead trees, trash and rubbish, and properly maintained so as to present a pleasing appearance within the subdivision. In the event an owner does not properly maintain his building site as above_provided, in the opinion of the Declarant, then Declarant (or its successors in interest), at its option, may have the site cleaned to its satisfaction, and the costs thus incurred shall be the responsibility of the lot owner. The costs of cleanup, if expended by the Declarant or its successors in interest, shall be a continuing lien upon the property until the sums due and payable are paid in full. Trash cans must be located as to not be visible from any road within the subdivision. All primary fuel storage tanks must be placed underground. No inoperable motor vehicles may be parked on any lot if visible from any road within the subdivision. ARTICLE X ANIMALS. No animals or poultry of any kind shall be kept or maintained on any part of said property, except for as may be permitted by the County of Currituck for veterinary services or kennel business. ARTICLE XI PARKING. Adequate off street parking shall be provided by the owner of each lot for the parking of automobiles owned by such owner and/or the owners' customers. ARTICLE XII UTILITIES. Each lot owner shall be responsible for his or her own connection to power, telephone, etc. and shall pay all costs of installation and service. ARTICLE XIII WATER AND SEWER. Purchasers of lots shall be required to pay to Declarant a water impact fee at the prevailing per -lot rate established by the County of Currituck, said water impact fee to be over and above the contract "Purchase Price," said sum to be paid to the Declarant at closing of lot owner's purchase of the lot. All lot owners shall thereafter be subject to monthly charges as approved and assessed by the proper public authorities for water and/or sewer for domestic usage. Individual wells are allowed for watering lawns and maintenance of landscaping improvements. ARTICLE XIV _ STATE -MANDATED STORM WATER PROVISIONS. The following covenants are intended. to ensure ongoing _compliance witha StateE Stormwaten-Management 'Permit Number, [' . � as issued by 'the .Division` o'f, Water"Quality under NCAC 2H.1000. hi compliance,with',the tEi.-ms of saidapermit,Ahe,following restrictiOhs _apply.to the Sulidivision 1 !14:-17XI eratiorr,,=of,,the drainage; as°showi o � flier.a p ved plan may:.not'take place without the concurrence of the Division of Water Quality ,14:2.The m xaxa innum allowable built-i�pori,area per.lot is asfoilow5 See'attached'Exliibit A These allotted amounts include anyl uilt-upon area constructedWwiiliin tli- lot property boundaries, and that,portion ofthe right-of=waybetween the fi-ont lot,line and the'edge of the pavement"-Builtupon.'area includes; but is'not limited to, structures, asphalt, concrete, wood�deckm or the�'wat®r�surface'of d .parking, areas, but does not include raised, =open a _, , stone, s ate; coquina an g, swimming.pools _ �.� ..� .._ _ ...._ I f3 XII` runoffefrom;the built=upon areas,on;the °lot must drain into the-perniitted system: This may be accomplished through a variety, of means including: a piped';:collection system, which ultimatelypp ischarges!4nto`gthe `stormwater facility appropriate grading of the lot such that the upon surfaces drain<�nto the stormwater facility;µor graded swales whichJ'coil ect4,unoff and<di'fd6VJt into :the: st6f iwatcr facility' I4:4Eacli lotsw11 e ownership is ;not4etamed�`by the.,pernittc`e, is required to stib mit a §ti - F f{�Pu lWater Qualityanreceive .aseparate stop-n , . --.t�mrir`f.r.i=e.-.r.�r.d'i�nne4�i�`n+rrir. ,•�•�,»•.� Filling in or piping of any vegetative conveyances (e.g., ditches, swales, etc.) associated with Freedom Business Park except for average driveway crossing, is strictly prohibited by any persons. Any built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State. Except as provided in Article XV hereinbelow, all maintenance requirements set forth in the Stormwater Management Permit Conditions shall be the responsibilities of the Freedom Business Park Owners' Association subject to assessments. ARTICLE XV MAINTENANCE. Each lot owner shall be responsible for the maintenance of the drainage ditches and swales located along their front and rear of lot lines, including but not limited to mowing and other upkeep of the vegetative cover, trash removal, removal of sediments within the swales, and restabilization of the swales as needed. Vehicular traffic and the parking of vehicles is strictly prohibited within any stormwater swales. ARTICLE XVI FREEDOM BUSINESS PARK OWNERS' ASSOCIATION. 16.1 Membership. Every person or entity who is a record owner of a fee simple interest in any Lot in Phase III is subject by this Declaration to assessment by the Declarant during the Declarant Control Period, and subsequent to the Declarant and subsequent to the Declarant Control Period, by the Freedom Business Park Owner's Association and shall be a member of the Association; provided, however, that any such person or entity to hold such interest merely as a security for the performance of an obligation shall not be a member. The Declarant Control Period shall continue until 1) the Declarant is no longer the owner of a majority of lots in Phase III; or 2) a "turn -over" meeting at which the Declarant relinquishes control of the Association. The requirement of membership shall not apply to any mortgage or trustee beneficiary acquiring title by foreclosure of otherwise pursuant to the mortgage or deed of trust instrument. 16.2 Purpose. The purpose of the Association shall be to maintain any common areas of the Association including Subdivision signage, and any landscaping within any common areas The Association shall also be responsible for the enforcement and the collection of assessments. 16.3 Voting Rights. The Association shall have one class of voting membership and members shall be entitled to one vote for each Lot in which they hold an interest required for membership by 16.1 of this Article. When more than one (1) person or entity holds such an interest in any Lot, all such persons shall be members and the vote for such Lot shall be exercised as they among themselves determine and such persons shall designate one (1) person to vote for their Lot, but in no event shall more than one vote be cast with respect to any such Lot. These voting rights are subject to those provisions made on behalf of the Declarant as set forth in Section 16.7 herein. 16.4 Meetings, Regular Meetings shall be convened annually by the President of the Association. Called meetings may be convened by the President of the Association or by any three (3) members of the Association by giving thirty (30) days written notice to al the Association members. 16.5 Quorum. A quorum for a regular or called meeting of the Association shall consist of a majority of the members of the Association. 16.6 Officers. Officers of the Associations charged with the day to day operation of the Association and authorized to carry out the Association's business and execute documents on behalf of the Association, shall consist of a president and a Secretary/Treasurer, each appointed by the Declarant during the Declarant's Rights Period and thereafter elected by a majority vote of the Property Owners of the Subdivision. 16.7 Responsibilities and Authority. The members of the Association, by and through its elected officers, shall be responsible for maintaining the Common Areas of the Association. 16.8 The Declarant's Representation. During the Declarant's Control Period, there shall be no amendment of this Declaration without the written consent of the Declarant. ARTICLE XVII COVENANT FOR PAYMENT OF ASSESSMENTS 17.1 Creation of Lien and Personal Obligation for Assessments. Each Owner, of a commercial lot, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed of other conveyance, shall be deemed to covenant and agree to pay to the Association annual assessments or charges related to the maintenance of the Common Areas as designated on the Subdivision Plat. The annual assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. The initial annual assessment, which shall be due the Association beginning on the _ day of , 200 shall be the sum of $ Upon filing with the Currituck County Clerk of Court's office, each such lien shall be prior to all other liens except the following: (1) assessments, liens and charges for real estate taxes due and unpaid on the Lot; and (2) all sums unpaid on deeds of trust, mortgages and other encumbrances duly of record against the Lot prior to the docketing of the aforesaid lien. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the owner of such Lot at the time when the assessment fell due. 17.2 Purpose of Assessments. The assessments levied by the Association shall be exclusively for the purpose of maintaining the Common Areas including landscaping and signage and streets until public dedication for the Subdivision. 17.3 Annual Assessments. The annual assessment shall never be greater than $ per Lot unless a majority of Lot Owners agree. The annual assessment shall be established by the Declarant during the Declarant's Rights Period and thereafter shall be established by a budget adopted by the Executive Board of the Association pursuant to the revisions of Section 47F-3- 103(c) of the North Carolina General Statutes. 17.4 Due Dates of Assessments. Written Notice of the annual assessment shall be sent to every Lot Owner subject thereto between July 1 and September I of each year and the annual assessment shall be due and payable on or before September 1 of each year. 17.5 Effect of Non -Payment of Assessment: The Personal Obligation of the Owner: The Lien: Remedies of the Association. If the assessments are not paid on the date due then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection, including reasonable attorney fees thereof as hereinafter provided, thereupon become a continuing lien on the Lot, or Lots, which shall bind such Lot or Lots, in the hands of the then - owner, his heirs, devisces, personal representatives and assigns,. The personal obligation of the then -owner to pay such assessments, however, shall not pass to his successors in title unless expressly assumed by them. If he assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of interest set by the Board, not to exceed the maximum rate permitted by law and the Association may bring appropriate civil action against the Owner personally obligated to pay the sam or to foreclose the lien against any such Lot, or Lots, and there shall be added to the amount of such assessment to be collected upon foreclosure, the costs of such action and reasonable attorney's fees to other cost incurred by the Association. In the event a judgement is obtained against any owner for such assessment, such judgement shall include interest on the assessment as above provided and reasonable attorney's fees to be fixed by the Court, together with the cost of the action. ARTICLE XVIII ADDITION OF PROPERTIES. Upon a unanimous vote of owners in Phase I and Phase II of Freedom Business Park, those phases may be subjected to this Declaration by Supplemental Declaration signed by each of said owners and recorded in the public registry of Currituck County, said owners thereby to become members of the Association. ARTICLE XIX TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty five (25) years from the date these covenants are recorded with the Currituck County Register of Deeds office, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants, in whole or in part. ARTICLE XX AMENDMENT. Subject to the requirements of State approval of amendments relating to stormwater, these covenants may be amended by the Declarant without the consent or joinder of any other party until such time as Declarant no longer is owner of a majority of the lots, after which this Declaration may be amended by written agreement, signed by the owners of a majority of the lots, said agreement to be duly recorded in the office of the Register of Deeds of Currituck County. ARTICLE XXI ENFORCEMENT. Enforcement of these covenants shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, and the aggrieved party may request restraint of the violation or damages resulting from said violation. ARTICLE XXII ��1VIISCELLANE(7US) 2�2 17The StatE fNorth,-C,,aollina is�-rriade-a�.beneficiary�of these covenants to the extent neeessar to_maintain comp"liance'with t}ie stonmwater management permitl ^. 22:2 These cotenants are to run with the land and"be 6indingron all persons and parties claiinirig under them) pertalmng to stormwater may not 15 ;alt cdjor, rescindedwiihout t_l d ;enf'hf t}ie'St'ate'of Nnrth.Caroliria_ Division of Water Quality? ARTICLE XXIII SEVERABILITY. Invalidation of any one of these covenants or any part thereof by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect, and the failure of any person or persons to take action to enforce these covenants shall not be construed as a waiver of any future enforcement rights. IN TESTIMONY WHEREOF, the Declarant has caused this instrument to be executed, as of the day and year first above written. [Signature and acknowledgment page to follow] DECLARANT Michael Kuntz Gay S. Kuntz STATE OF CITY/COUNTY I, a Notary Public of the County and State aforesaid, certify that MICHAEL KUNTZ AND GAY S. KUNTZ personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this the day of 120_. My commission expires: Notary Public ExhhibIt The maximum allowable built -upon area (s.f) per lot is as follows: Lot # BUA Lot # BUA 5 26,118 6 26,09 Lot # BUA Lot # BUA 7 26,155 8 26,123 Lot # BUA Lot # BUA 9 37,19 10 26,130 Lot # BUA Lot # BUA 11 26,130 12 26,130 Lot # BUA Lot # BUA 13 26,130 14 26,130 Lot # BUA Lot # BUA 15 26,130 16 26,130 Lot # BUA Lot # BUA 17 27,142 18 33,65 Lot # BUA Lot # BUA 19 33,02 20 40,241 Lot # BUA Lot # BUA 21 47,158 22 31,209 Lot # BUA Lot # BUA 23 51,697 24 0 Pond Lot # BUA Lot # BUA 25 37, 507 26 30,574 Lot # BUA Lot # BUA 27 33,078 28 26,64 Lot # BUA Lot # BUA 29 26, 649 30 26,649 Lot # BUA Lot # BUA 31 31,092 32 26,416 Lot # BUA Lot # BUA 33 26,650 34 26,650 Lot # BUA Lot # BUA 35 27 906 36 28,128 RECEIVED MAY 2 7 2005 DWQ PROJ # SA)2 O S()ZO v 2 e;rY)2 i 4t ech rn e'l-" Lot # BUA Lot # BUA 37 26,133 38 26,00 Lot # BUA Lot # BUA 39 26, 000 40 26,00 Lot # BUA Lot # BUA 41 26,00 42 26,02 7 Lot # BUA Lot # BUA 43 26,021 44 26, 000 Lot # BUA Lot # BUA 45 26,00 46 27,23 Lot # BUA Lot # BUA 47 27,056 48 27,671 Lot # BUA Lot # BUA 49 26,496 50 26,585 Lot # BUA Lot # BUA 51 26,125 52 0 Pond These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Freedom Park Subject: Freedom Park From: Linda Lewis <linda.lewis@ncmail.net> Date: Fri, 20 May 2005 11:37:46 -0400 To: Chris Taylor <ctaylor r@spectrava.com> Chris: The trash rack should also cover the face of the weir from elevation 7 up to elevation 8.82 to prevent any trash & vegetated debris that falls into the pond from being discharged downstream. I don't normally see outlet structures so remotely located away from the pond proper. It raises a question about whether the remote Location will adversely affect the maintenance of the outlet structure after runoff producing rainfall events. Please remember that a clear access to the outlet structure must be maintained. I sincerely hope this doesn't become an issue. Also, please specify the size of the openings that form the trash rack. Please specify an opening size of no more than 4" o.c.e.w. I have another question: Have the covenants for Phase II been recorded? If so, can you have the owner forward me a copy? Thanks, Linda I of 1 5/20/2005 l 1:38 AM 05/19/05 THU 16:39 FAX 75745600.1.7 SPECTRA GROUP 121001 563 Central Drive Virginia Beach, Virginia 23454 (757) 497-5862 Phone (757) 456-0017 Fax ctaylor@spectrava..com facsimile .transmittal To: Lj O LA LF AJ Ir7 Fax: 9 i 0 — 35 o _ 200 From: Chris Taylor Date: Re����� �Pages; CC: 0 Urgent x For Re%iew ❑ Please Comment © Please Reply © Please Recycle . . . . . . . . . . IVr as • jj , u !� i fI THE 5PE t e....................... . r 05/19/05 THU 16:39 FAX 7574560017 SPECTRA GROUP 101�)N IZAGK a 002 ��rX Zu V /9;t7OC) W lgei �ae7r-l& WELpe1'P 10 51 D F A 061.e',`2 Ear✓ C Tp P Purr -I �� =5, 2I R fir' PIA. Or? FlGE� WL-rEt2 Tv ,50r-0"ur*, To A wOW Es�sY r-or- I-' AwT-e+jAo-Ge �" : ALA � �I ti, . PiEvI AND. ro P26- Gj�LIIANIZ�d v 1 -L) L_ L- " i v 1J o D 918-01--30' a 30' sa' � E TA I � B p ' GRAPHIC SCALE (ll 1 ••¢30' — EL 6.82 • y-, -; i J - .- TRA5H RACK W vw-w4: ;m3p: _!i = - a wF l-R I NV 7a, . �-12'1•'�'D�► 4R�:F-ICES LA FRONT ELEVATION SIX OCTAL A EACH WAY. EACH ME t :CaNCA m To BE 4coo P9 up"m cowRftsrvt =TwvTK !. ! PEE TO K SWMEa THE OPEM& WILL 9E "MIED TO ACC _ MATt AIMALS TO 47•. 1 DAM. 1 ppA QRa1C3t£pEt R1 ACCa�Ah(.E' 1MTM AM A-W .VMWbWMC lrl � kf PO �N 1 M0114E. 7i P 7 Lq4 4 NG► S At TM PM y' �luvnM Ct� ACTWL WCASUREMUM MAY VMY 1M1T11 i1 i N .M0 Car 5KXL tsar or AVOWAL► PAOJMT ADM.rLL SCOPC, aR .ScL m., 1 7. lLh�IrALi TWO ALl OOCUIL. ALL 1MEMM EXC&T FERE A Cb ft CT IMTH 1 L lwlYrEvRcT� �L VWAW% 1u1Y Qfr#A 90 ARE D OR 9EVELE OJLVE7[T. MORTAR - -r4' Cif WM M►Y BE PROVM ON ALL M= AT K~ACTUREA'S aPTKK E L = S•a2' •� uARs e. �• EAC>s wAlr; EnC+t rJ�CE. �4 -a— FLAW -KYJ"bs- WFtA SEt OCTAL B s- SECTION A —A �a OO NOT rI I DETAIL A WEIR/ORIFICE RESTRICTOR WALL N.To' S. DETAIL B of DIV OF WATER QUALITY Fax:9197332496 May 19 2005 10:13 P.01 OF WA7-4�-�' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 1617 Mail Service Center Raleigh, NC 27699-1617 - Fax: 919 733-2496 Phone: 919-733-7015 TELECOPY TO: FAX NUMBER: FROM: - PHONE: # OF PAGES INCLUDING THIS SHEET: COMMENTS: I DIV OF WATER QUALITY Fax:9197332496 May 19 2005 10:13 05/19/O5 THU 08:26 FAX 7574580017 SPECTRA GROUP • 563 Centralbzive s Virginia Beach, V'lginia 23454 (757) 497-5862 Phone (757) 456-0011 Fax ctaylor@spectrava, corn fwl..-S,�, e, TO: L IAM4 L 6w If — Fax: q�q 733 - 2 9G P. U2 a 001 From: — Chris Taylor Date: Re: 5►'10502,0Pages: .� cc: ft�wA9 8v s'i,VE S ❑ Urgent x For Review O Please co"nent ❑ Please Reply _. ❑ Please Racyclo y.: TRESP1.0TV ski ..... • . k14 DIV OF WATER QUALITY Fax:9197332496 May 19 2005 10:13 P.03 Z 5f FCrRA CROUP 002 05/19/05 'CHi3 09:26 FAi 7574560017 lunipe#- Trril nl TT'� HAWN. NL: 275,49 2GI-3100 FAX (?5') 261.12CO @fi:iill' (;uihlzLn',,.�ds,�y:r��.CSSrr� To WE ARE SENDNG YOU `4mched ❑ Under separate cover via a © Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ onT@ G ATTERnON RE: W the 1`01fowine items: ❑ Samples ❑ Specifications �. .. i �. TOME�. r THESE ARE TRANSMITTED as checked below: ❑ For approval 0 For your use Q As requested r ❑ For review and cormnent ❑ FORBIDS DUE - — REMARKS ❑ Approved as submitted El Resubmd copies for approval ❑ Approved as noted ❑ SubrnR copies for distribution ❑ Returned for corrections ❑ Return corrected prints Fj ❑ PRWS RETURNED AFTER LOAN TO US COPY TO DIV OF WATER QUALITY Fax:9197332496 May 19 2005 10:13 P.04 SPEGTItA GROUP @ 003 05/19/05 TRU 09:27 PAX 7574560017 U S..ARMY CORPS OF ENGINEERS . Wilmington District Action I.D: ORO l 1 O County: C ar u CI__`__ Notification of Jurisdictional Determination Property owner/Authorized AgentAddr= _g.._JeyT __ Telephone Number Size and Location of Pmperty(water6ody, Highway name/number,town, etc.) ! Ll0 a 7ra,T I^AF :TPJ n,-L Pet t7 (J. nt/ i/k I(v ng "r L & F Ak SR t fTPowe 11 s r" "J4T-0& _ _ - _ Indicate Which of the following apply: • There are ds on the above des property which agty suggest shou delinea surve surveyed wet! Ines must be verif" our staff before th .orps Will mak a final j dictional determinate on your property. Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be a p ished in a timely m ou may wish toe a consultant to ob more timely deli ton of the wetlands. your consultant hFic't'iaontllal a wedand litre on erty, Corps staff review it, and, if it is a rate, we strongly r"zmat you have the ' surveyed for final a 1 by the Corps. The will not make a final ju ' determination on your property wi t an approved survey, • The wetlan ur lot have been d , and the limits of Corps .0 etian have been explai to you tl0erc is a change i e law or our published regula ' , tliig determination may c 'ed u for a period not to ree years from the date of this otification. : V• There are no wetlands present on the above described prop"t rNich are subject to the peraut requirements of Section 404 of the Cleats Water Act (33 USC 1344). Unless there is a change in the law ar our published regulations, this determination may be relied upon for a period not to exceed ame years Emm the date of this notification, ''Q• The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. Placetncnt of dredged or fill material in wetlands on this property without a Department of the Army permit is inmost cases a violation of Section 301 of the Clean Water Act 33 USC 1311)_ A permit is not required for work on the pr�operty restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact a L 1c ;L ✓ -�, at ,Z 5 z - r S — �v z Property owner/Authorized Project Manager Signature Date,,,_„ „6 %f 2 f a.1 _ Expiration Date rJ i r � SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND 'THE WETLAND DV INEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COP OF THIS FORM -r -rL . -],I I1_� _ 1 .. - ..J.._.T :.C. _.1 +. ,. -1.._ -- . . 1' - - — J50207 Freedom Business Park II & HI r Subject: Re: SW7 050207 Freedom Business Park lI & III From: Linda Lewis <Iinda.lewis@ncmail.net> Date: Thu, 19 May 2005 09:43:55 -0400 To: Chris Taylor <ctaylor@spectrava.com> Chris: A letter from the Corps regarding the wetlands delineation (or lack of) is exactly what I need. A trash rack can be designed with hinges to provide easy access for cleaning. Please make the openings 4" o.c.e.w. or less. The trash rack will not prevent sediment accumulation, so regarding inspection/cleanout frequency of the outlet strucure, yes, I will make the change to the supplement, initialled & dated. If the permittee has a problem with this, the permit can be adjudicated within 60 days. Regarding the water level in the ditch- it has been our experience that many consultants are not considering the normal water level in an outlet ditch when determining permanent pool and storage elevations, expecially where ditches are flat, and influenced by tides. The volume associated with the 1" storm must draw down in 2-5 days. With a permanent ditch water level at or above the storage elevation, that is unlikely to happen. Obviously, I am out of my region, and I am not familiar with where in the county this may be a problem, so I will rely on your BPJ regarding the ditch water level. If you feel that this will not be problem, OK. However, if a future inspection reveals a problem with the draw down time, please don't be surprised if the permittee receives a notice of violation. The WaRO concurred that Lots 1-4 were part of Phase I and not included in this permit. However, if this project was in the Wilmington Region, and depending on when the permit for Phase I was issued, I would have called it phased development and required Phase I to be included in the permit for Phases II and III. Linda. Chris Taylor wrote: *Linda- Thanks for the quick response. I will call you this morning to discuss, but in the meantime, here are a few responses to your comments:* Has the owner been trained to identify wetlands? Please either have the site investigated by the Corps of Engineers or other trained personnel certified to identify wetlands, or send me a copy of Mr. Kuntz's wetlands training certification. *Mr Kuntz just faxed me a Corps of Engineers' Jurisdictional determination by Tom Walker with USACOE that no wetlands exist on the entire tract. I understand he is sending me additional information on this, but I will fax -to you what he has sent me thus far.* Please provide a trash rack over the weir face that covers the orifices as well. Due to the location of the orifices at just 6" above the ditch invert with no trash guard, clogging of the orifices is a real danger. The permittee will need to increase the frequency of inspection to twice a month or more and the frequency of sediment removal in the ditch around the outlet structure to once every 3 months or so until construction on each lot in the park is completed. *I considered the use of a trash rack in my original design, but after some thought, felt it would probably do more damage than good by hindering the cleanout of sediment. Also felt at the time that leaves and other debris would likely clog the trash rack just as quickly as it would the two 4" orifices. we have often used a trash rack to prevent leaves and trash from entering a storm sewer system, but, in this case, where the outlet is two 4" diameter holes in an 8" thick wall, I did not see the benefit and felt the system would be easier to I oft 5/19/2005 11:23 AM i' 050207 Freedom Business Park II & III t maintain without the trash rack. That said, I am not completely opposed to the trash rack and would be willing to discuss it with you. I agree that the inspection and sediment removal around the outlet structure frequency should be increased. would you like notes to that effect added to the plan or should we modify the language in the Wet Detention Basin Supplement?* How will the water level in the ditch affect the 2-5 day drawdown? If the water level is at 7 or higher, the pond will not drawdown within the required time frame. *I'm confused by this comment. Calculations provided showed that the water quality storage volume (elevation 7) would drawdown in 2.77 days. Obviously that does not take into account continued rainfall once the storage elevation of 7' is reached. Are you concerned with the water level in the ditch upstream or downstream of the outlet structure. If upstream, the weir should drawdown the pond from elevation 8.82' to 7' in approximately 5.3 hrs while the orifice will drawdown the remainder from elevation 7' to 6' in 2.77 days. The total time will be just under 3 days. If you are concerned with the water level downstream, obviously the pond will not drain out any further than the water level in the outfall ditch. I'm told that the outfall ditch (when kept free of obstructions) has been functioning adequately. while I'm not sure that we can design for excessive depth in the outfall ditch, the design drawdown time of less than 3 days still allows 2 days for the outfall ditch to clear and still fall within the required 5 day drawdown time.* The drainage area does not include Lots 1-4 in Phase II. I have asked the Washington Regional Office to provide me with information from the previous permit file whether these lots were previously included in the drainage area, and if they were not, why they were not. The runoff from all impervious areas on each lot in the proposed Phase III and the previously permitted Phase II must be directed into the pond. *Lots 1-4 were a part of Phase I and not a part of this permit request (phase II and III). * -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Tuesday, May 17, 2005 3:52 PM To: Chris Taylor Subject: SW7 050207 Freedom Business Park II & III Chris: Attached please find a short list of additional review comments, in response to the information you submitted on May 13, 2005. If you have any questions about my comments, please email or call me. I will be out of the office all day tomorrow and back on Thursday. Linda << File: sw7050207.may05.doc » 2 of 5/19/2005 11:23 AM SW7 050207 Freedom Business Park II & III Subject: SW7 050207 Freedom Business Park IT & III From: Linda Lewis <linda.lewis@ncmail.net> Date: Tue, 17 May 2005 15,52.24 -0400 To: Chris Taylor <ctaylor@spectrava.com> Chris: Attached please find a short list of additional review comments, in response to the information you submitted on May 13, 2005. If you have any questions about my comments, please email or call me. I will be out of the office all day tomorrow and back on Thursday. Linda ' Content -Type: application/msword w7050207.may05.docl 11 Content -Encoding: base64 1 of 1 5/17/2005 4:01 PM J F * * * COMMUNICATION RESULT REPORT ( MAY.17.2005 3:51PM ) * * * P. 1 FILE MODE 204 MEMORY TX OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER Date: May 17, 2005 To: Chris Taylor Company: The Spectra Group FAX #: 767-456-0017 TTI NCDENR WIRO ADDRESS (GROUP) RESULT PAGE ------------------------------------- ----------------- 917574560017 OK P. 1/1 E-2) BUSY E-4) NO FACSIMILE CONNECTION Michael F. Easley, Govemor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. taimek, P.E. Director Division of Water Quality FAX COVER SHEET No. of Pages: 1 From: Linda Lewis Water Quality Section - Stormwater FAX # 910.350-2004 Phone # 910.395-3900 DWQ Stormwater Project Number: SW7 050207 Project Name: Freedom Business Park Phases II & III MESSAGE: Dear Chris: The Division received your request to schedule an Express permit review for this project on May 13, 2005. The review was scheduled and conducted on May 17, 2005, and the application has been found deficient. The following information is needed to continue the review: 1. Has the owner been trained to identify wetlands? Please either have the site investigated by the Corps of Engineers or other trained personnel certified to identify wetlands, or send me a copy of Mr. Kuntz's wetlands training certification. o�0F w a r�9�0 � r =� o -c Date: May 17, 2005 To: Chris Taylor Company: The Spectra Group FAX #: 757-456-0017 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality FAX COVER SHEET No. of Pages: 1 From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW7 050207 Project Name: Freedom Business Park Phases II & III MESSAGE: Dear Chris: The Division received your request to schedule an Express permit review for this project on May 13, 2005. The review was scheduled and conducted on May 17, 2005, and the application has been found deficient. The following information is needed to continue the review: 1. Has the owner been trained to identify wetlands? Please either have the site investigated by the Corps of Engineers or other trained personnel certified to identify wetlands, or send me a copy of Mr. Kuntz's wetlands training certification. 2. Please provide a trash rack over the weir face that covers the orifices as well. Due to the location of the orifices at just 6" above the ditch invert with no trash guard, clogging of the orifices is a real danger. The permittee will need to increase the frequency of inspection to twice a month or more and the frequency of sediment removal in the ditch around the outlet structure to once every 3 months or so until construction on each lot in the park is completed. 3. How will the water level in the ditch affect the 2-5 day drawdown? If the water level is at 7 or higher, the pond will not drawdown within the required time frame. 4. The drainage area does not include Lots 1-4 in Phase 11. 1 have asked the Washington Regional Office to provide me with information from the previous permit file as to whether these lots were previously included in the drainage area, and if they were not, why they were not. The runoff from all impervious areas on each lot in the proposed Phase III and the previously permitted Phase II must be directed into the pond. ENBlarl: S:1WQSlSTORMWATIADDINF0120051SW7050207.may05 North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer 5ervicel-877-623.6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet: h2o.ear.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper onr NthCarolina Naturally WET DETENTION POND ANALYSIS FILE NAME: S:IWQSIPOND1SW7050207.may05.WK1 Project Number: SW7050207.may05 REVIEWER: L. Lewis PROJECT NAME: Freedom Park Phase II & III DATE: 17-May-05 Receiving Stream: Currituck Sound Class: SC Drainage Basin: Pasquotank Index No. Site Area 56.30 acres Drainage Area � 24542 00 square feet Area in Acres 56.30 IMPERVIOUS AREAS Lots Street SW TOTAL SURFACE AREA CALCULATION 1454904.00 square feet 139392.00 square feet square feet square feet square feet square feet square feet 5e.4206 00'11. square feet Rational C Rational Cc= 0.07 % IMPERVIOUS 65.01% SAIDA Ratio 4.65% Des. Depth 5 Req. SA 114053 sf TSS: 90 Prov. SA kil 1885 ' sf VOLUME CALCULATION Rational ?* Des. Storm 1 00 inches Rv= 0.635 Bottom 1.00 msl Perm. Pool 60. msl Design Pool 7 msl Storage met @elev 7.00 msl Req. Volume ;' 129791 cf Vol. Prov. at DP 253'S2 ' cf ORIFICE CALCULATION Avg. Head = Flow Q2, cfs Flow Q5, cfs No. of Orifices Diameter, inches Drawdown = 0.42 ft 0.751 cfs 0,300 cfs C 3.303333333 weir HxW days * place a "T' in the box if Rational is used FnPFRAY Perm, Pool Volume= Req. Forebay Volume= Provided Volume= Percent= 118877 New pond on 23775,4 21677.00 Elevation Area Inc. Vol. Acc. Vol. 6.00 118859.00 0.00 7.00 125270.00 122064.50 122064.50 Volume in connector ditch at elevation 7= 131287.00 Q2 Area = 34.80 sq. inches Q5 Area = 13,92 sq. inches Orifice Area 25,13 sq. inches Q= 0.542 cfs in x in Surface Area @DP = 125270 sq. ft. Falling Head Drawdown = 3.4 days L= -0.083 COMMENTS Surface Area and Volume are deficient. Orifice is within Design Guidelines. i jr E �CTRA GROUP, INC. May 4, 2005 563 Central Drive Virginia Beach, Virginia 23454 Phone: 757.497.5862 Fax: 757.456.0017- Webpage: www.specftava.com RECEIVEJD Ms. Linda Lewis MAY 13 2005 North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension PROD # �2� �Os f?UO Wilmington, NC 28405-38456SU Zv"7 Subject: Stormwater Project No. SW7 050207 (Modification of SW7 030405) Freedom Business Park Phases II and 11.1 Currituck County Dear Ms, Lewis: We have revised the above referenced plan and are resubmitting the application for approval. The following comments are keyed to those of your letter dated April 22, 2005: The owner has certified that no wetlands exist on site (see note #17 on sheet l of the plan set. 2. We have revised the plan to show a 12' wide, 6:1 vegetated shelf as required. 3. The owner's correct mailing address is shown in the title block of the plan set. 4. No offsite drainage area or built -upon area is draining to this project. Section 111.7 of the application has been corrected. 5. We have corrected the vicinity map as required. 6. We have corrected the application to show all built -upon areas in square feet rather than acres. 7. A copy of the proposed deed restrictions for this subdivision development, to include all required conditions and limitations is enclosed. S. We have revised the sediment cleanout depth on the supplement to elevation 2.25 (depth = 3.75') 9. We have corrected the SA/DA ratio per the correct SA/DA tables for design of wet ponds in the 20 coastal counties. Providing Quality Service Since 1981 ENGINEERING Ls SURVEYING 0 SUBSURFACE UTILITY ENGINEERING E �CTRA GROUP, INC. 563 Central Drive Virginia Beach, Virginia 23454 Phone: 757.497.5862 Fax: 757.456.0017 Webpage: www.spectrava.com 10. We have deepened the proposed pond to 5' in order to satisfy the requirements of the SAIDA tables, 1 1. We have corrected the temporary storage elevation reported on the Supplement to 7.0 and revised the pond section detail accordingly. 12. We have revised the pond section detail to specify the elevation of the pennanent pool. 13. We have labeled the cul-de-sac radius on the plan sheet. 14. We have revised the plan title to Freedom Park Phase II and III. 15. We have sealed the pond calculations. I believe we have addressed all comments set forth in your letter. Additionally we have enclosed a check for S4000.00 and an Express Permitting application form in order to expedite the approval of the permit. If you have any questions, or desire additional information, please do not hesitate to call. Sincerely, THE SPECTRA GROUP, INC. Christopher PTaylor, P.E. Enc. cc. Michael Kuntz 04-1524 Providing Quality Service Since 1981 ENGINEERING 0 SURVEYING A SUBSURFACE UTILITY ENGINEERING 05/05/05 THU 15:50 FAX 7574560017 SPECTRA GROUP 9 001 563 Central Drive Virginia Beach, Virgini • 23454 (757) 497-5862 Phone (757) 456-0017 Fax ctaylor@spectrava.corn v facsimile transmittal ' 3 5B O $1600 To: CANIER?L,.]_ 6�Ytg' Fax: quo / 350 " 2-Dot: �O I From: Chris Taylor Date: +� rj — O S 41�1 Re: F'<EEfX> P r— Pages: 4 1 ❑ Urgent x For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle l J Cufr.�nf v l �"�Q P2aEGT � O S� -7 O S O 2-07 { r oQI I C&T:i 2tJ 0 7 O Oc#o 10;Zoy i e kj L-#,#J-C)pr L-&�-J is exj D� ,j 11-0 1� `SHE SPECTRAtRO;UP,IN ...................... . 05/05/05 THU 15:5.1 FAX 7574560017 SPECTRA GROUP ALA -MCDENK North Carolina Department of Environment and Natural Resources 127 Cardinal Drive, Wilmington NC 28405 (910) 395-3900 FAX (910) 350-2004 Request for Express Permit Review FlLL41' all information below and CHECK required Permitils). FAX or email to Cameron. Weaver(@_ncmail.net along with a narrative and vicinity map of the project location. Projects mast be submitted by 9:00 A.M. of the review date, unless prior arrangements are made. 0 002 APPLICANT Name oe3P_r'_ , L.L_ L. - Company 1: 1, C, H ��k--ut_ ►�z_ - _ - Address 1122 AV0 —City/State Po•vjl:u 6 Fc21,jr Zip '2:71?�,c, County Phone -- 21 t5 I Fax Email_ 1, PROJECT Name. Fr_cC c%::7 +- A P.4z' i,- f-'ItL(s e. a 11L ^_ PROJECT LOCATED IN 25 LzQ v "'.J <_ RIVER BASIN ENGINEER/CONSULTANT C oP_js ro(2r}I5L A . TA ^ Company T++� =� �T��- G ao L.2 r I) ,ma c. Address D �2- _ . City/State VA e E^� _Zip ? 3q-sy County PhoneOG-7) Fax ("7 : q5- +a -cc 1 `1 Email__ ❑ STREAM ORIGINATION CERTIFICATION; Stream Name --------- -------------- --------------------- --------- .------ --------- ----- ------ ----- ------------------------ ------------------------------ -- [g'STORMWATER ❑ Low Density Q High Density -Detention Pond ❑ High Density -Other ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site ❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ LAND QUALITY ❑ Erosion and Sedimentation Control Plan with acres to be disturbed. ❑ WETLANDS (401) ❑ No Wetlands on Site (letter from COE) ❑Wetlands Delineated/No JD ❑ Greater than 0.1 AC Wetlands Impacted ❑Jurisdictional Determination has been done ❑ Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee, to be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only SUBMITTAL DATES: Fee Split for multiple permits; SW $ CAMA $ LOS $ 401 $ Total Fee Amount $ 05/05/05 THU 15:51 FAX 7574560017 SPECTRA GROUP Q 003 Freedom Park- Phase II & III Drainage Narrative This drainage design for Freedom Park Phase III will account for a 65% proposed impervious area for the entire 56.3 acres of Phase II and III. For design purposes, the assumption is made that the predeveloped site is 0% impervious. Utilizing Haesteds "Pond Pack" (SCS Method), a "pre" and "post" CN of 77 and 92 (see enclosed calculations prepared by Quible and Associates, PC), "pre" and "post" time of concentrations of 3 hours and 1 hour (see Spectra calculations), and a 6.8" rainfall, a temporary "10-yr Quantity" storage volume of 341,510 CF was found to be required to limit peak runoff to predeveloped conditions. A check of this required storage volume was performed using the Modified Rational Method and a similar result was obtained. Additionally, a "Water Quality" temporary storage volume was determined to be 129,774 CF for a total storage volume of 471,284 CF. The permanent pool elevation for this design was assumed to be 6.0' due to the proposed lowering of the outlet ditches to elevation 6.0 and the resulting lowering of the water table in this area. A more in depth discussion of this assumption is found in the enclosed calculations prepared by Quible and Associates, PC. The required "I0-yr Quantity" storage volume resulted in an onsite total storage elevation of 8.82' and a "water quality" temporary storage elevation of 7.0' within the existing pond, proposed pond, and interconnecting conveyance channels. Roadside and property line swales were neglected in this design resulting in a conservative estimate of storage provided. An outlet restriction device was then designed to retain the required "water quality" volume (two 4" diameter orifices) and release it over the required 2 to 5 days, and also to limit the peak 10-year runoff to predeveloped rates (weir). Additionally, as agreed upon previously between the developer and the County, we have shown twin 24" culverts to replace the existing 21" culvert beneath Freedom Avenue approximately 800' from the US 158 Bypass and the downstream outfall ditch to be cleaned and regraded to elevation 5.5'. Sizing of these culvert pipes was not a part of our design. Refer to the enclosed calculations prepared by Quible and Associates, PC for this information. `,ytrriu rrir� E5 SRO 'QQ'��Z�D<'• • SEAL 1024 5 may:.. *V""0PFiER1A%.`` Z s '121K 05/05/05 THU 15:52 FAX 7574560017 SPECTRA GROUP 0 004 THE SPECTRA, GROUP, INC. 563 Central Drive 4 VIRGINIA BEACH, VA 23454 A Engineering A Surveying A Subsurface Utility Engineering (757) 497-5862 FAX (757) 456-0017 E-mail: etaylorna spectrava.com TO NCD - Divisiqi2eof Water Qualily 943 Washin S uare Mall Washin n NC 2 9-1424 25 946-6481 WE ARE SENDING YOU ❑ Attached ❑ Shop drawings ❑ Prints ❑ Copy of letter ❑ Change order 1h I [Ml;� - 1�1111CI 11 I DATE: May 4, 2005 jog � 04-1524 A TENTION Linda Lewis PIE Freedom Park- Phase II & III Stormwater Project No. SW7 050207 (Modification of SW7 030405) Powells Point, Currituck, NC ❑ Under separate cover via ❑ Plans ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 1 5-4-05 1-2 Cover Letter 2 5-2-05 1-3 Drainage Plan 1 5-4-05 1 Application for Express Permtting 2 1-31-05 1-4 Revised Stormwater Management Permit Application Form and Wet Detention Basin Supplement Sheets 1 1-30-05 1 $4000.00 Application Fee for Express Permitting 1 5-2-05 1-25 Sealed Drainage Narrative and Calculations � � � � t� rRaP�As�D GoJ�NkNTS THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS COPY TO ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected plans 19 ❑ PRINTS RETURNED AFTER LOAN TO US RECEIVED SIGNED Christopher A. Taylor, P.E. If enclostires are not as noted, kindly notify its at once. Q Chr� Taylor !4:�rj+j- l,-1 s- n Full Name: `�-� Cameron Weaver Last Name: Weaver First Name: Cameron Job Title: One-Stop/Express Permitting Coordinator Department: C DENR Company: NCDENR Customer Service Center - WiRO Other Address: 1 127 Cardinal Drive Extension Wilmington NC 28405 Business: 910-395-3900 ext. 251 Business Fax: 910-350-2004 E-mail: Cameron.Weaver@ncmail.net 21reod boy yec ;� 4L nep�� proyovi F5w_e7 Sv Z-0-79 -need A') 2olC/ 4 ezv Few /'Cfl t / 'ej"5s- RECEdVED MAY 13 2005 DWQ PROJ # - ._ FREEDOM BUSINESS PARK, L LC. 140 FREEDOM AVE. POWELLS POINT, NC 27956 PH. (252)491-5220 FAX (252)491-2161 WEB WWW.FREEDOMBUSINESSPARKCCOM Pay to the Order of WL 2030 SS-Ii2153i Date 302�1 $ VG", c'-D Dollars 8 BBUELITE BUSENESS BRANCH BANKING AND TRU%T COMPANY KI DEVIL HILLS, NORTH CA NA For � OIVE W Q' A� CDE R j North Carolina Department of Environment and Natural Resources 127 Cardinal Drive, Wilmington NC 28405 (910) 395-3900 FAX (910) 350-2004 Request for Express Permit Review FILL-IN all information below and CHECK required Permit(s). FAX or email to Cameron. Weayergncmail.net along with a narrative and vicinity map of the project location. Projects must be submitted by 9:00 A.M. of the review date, unless prior arrangements are made. APPLICANT Name Company i 4 ,J -r z Address4o2 Ay City/State Po�✓J;5':u_'s Poi�•r" Zip 2:7'i&c, County Phone­N i - Zt 3 1 Fax i oo Email l �LE iy_ Lk --- Illy r'). Cc�✓j PROJECT Name Ft=CGS r-J PArL A,z� 1 G PROJECT LOCATED IN PA-� c2u RIVER BASIN ENGINEER/CONSULTANT Company i ►+� _c_T� c�,v�►' , 1Nc. — Address C)P —City/State VA k,,A Zip County Phone(7�71) q l 7 -Svro z Fax�75-7 ) L4S la -aca 1 -7 Email ❑ STREAM ORIGINATION CERTIFICATION; Stream Name ------------------------------------ --------------------------------------------------------------------------------------------- -_-------------------------------- [TSTORMWATER ❑ Low Density [High Density -Detention Pond ❑ High Density -Other ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site ❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ LAND QUALITY ❑ Erosion and Sedimentation Control Plan with acres to be disturbed. ❑ WETLANDS (401) ❑ No Wetlands on Site (letter from COE) []Wetlands Delineated/No JD ❑ Greater than 0.1 AC Wetlands Impacted ❑Jurisdictional Determination has been done ❑ Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee, to be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only RECEIVED SUBMITTAL DATES: Fee Split for multiple permits: MAY 13 2005 SW $ CAMA $ DWQ LQS $ PROJ # 401 $ Total Fee Amount $ OF 11RrF9 Michael F. Easley, Governor O� QG William G. Ross, Jr., Secretary to r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 22, 2005 Mr. Michael Kuntz, Member/Manager Freedom Business Park, LCC 100 Freedom Avenue Powells Point, NC 27966 Subject: Request for Additional Information Stormwater Project No. SW7 050207 (Modification of SW7 030405) Freedom Business Park Phases 11 and III Currituck County Dear Mr. Kuntz: The Washington Regional Office received a Stormwater Management Permit Application for Freedom Business Park Phases 11 and III on February 4, 2005. Due to a staff shortage in Washington, staff of the Wilmington Regional Office are conducting the review and issuing the permit for this project. A preliminary review of the application has determined that it is not complete. The -following information is needed to continue the stormwater review: 1. Please either delineate all wetlands on site, disturbed or undisturbed, or note on the plans that none exist. 2. Please specify a minimum 10' wide 6:1 'vegetated shelf, per the BMP Manual. 3. Please verify that this is your mailing address where you can be reached, and not the address of the project. i/ 4. Section 111.7 of the application indicates the derivation of the offsite drainage areas, but no offsite area has been accounted for in Section 111.6. Please clarify if there is any offsite drainage area or built -upon area draining to this project. 5. Please enlarge the street names on the vicinity map and -add the nearest intersection of two major roads. A major road is any 1, 2 or 3 digit NC, US or interstate highway. 6. Please report all built -upon areas in square feet on the application. 7. Please provide a copy of the proposed deed restrictions for this subdivision development, to include all required conditions and limitations per the attached I document. U 8. The pond must be maintained at a minimum of Tat all times. Please revise the sediment cleanout depth on the supplement to elevation 3.0 North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Servicel-877-623-6748 Wilmington Regional office Wilmington, NC 28405-3845 FAX (919) 733-2496 Intemet: h2o.enr.state.nc.us One NorthCarollina An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper Naturally Mr. Kuntz April 22, 2005 Stormwater Application No. SW7.050207 / 9. 1 am unable to duplicate the SA/DA ratio reported in the calculations. It is much too low. I can only surmise that your consultants have used the table printed in the BMP Manual, which is clearly labeled for use only in the Piedmont. I have enclosed the correct SAIDA tables for design of wet ponds in the 20 coastal counties. ✓ 10. As a result of item #9, the surface area provided is deficient. ✓ 11. The temporary storage elevation reported on the supplement should be 7.0, since this is the first outlet available above the permanent pool elevation. Please revise the pond section detail. 12. Please revise the pond section detail to specify the elevation of the permanent pool. 13. Please label the cul-de-sac radius. 14. Please include Phase II on the plan title block, calculations, etc. This permit is being issued to cover both the previous Phase II and the new Phase 111, so Phase 11 must be a part of the documentation. ✓ 15. Please seal the pond calculations. Please send the requested additional information to the Wilmington Regional Office at the address listed at the bottom of the first page of this letter. The requested information should be received in the Wilmington Regional Office prior to May 22, 2005, or the application will be returned as incomplete. The return of a project will necessitate resubmittai of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of the first page of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals.must be provided. Copies are not acceptable. If -you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer ENBlarl: S:IWQSISTORMWATERIADDINFO120051SW7050207.apr05 cc: Chris Taylor, P.E., The Spectra Group Linda Lewis Page 2 of 2 1/26/05 FRI 13:40 FAX 7574560017 SPECTRA CROUP Z003 2. if this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its Issue date (if known) 'J -27-03 3. Specify the type of project (check one): Low Density ✓ High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): — CAMA Major Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1.877-6Z3-6748, III. PROJECT INFORMATION 1 in the space provided below, summarize how stormwater will be treated, Also attach a detailed narrative (one to two pages; describing stormwater management for the project. :�I--o 96 &46190�- )L"! j L--L— D& T iZF &TF D Tt-f"M411 i' nit at, E or- I b r,e 005-�1 W E'Lp2W Q> f, F-5,XcS-r1._._ 6n4 o 096 1:190P , 92) 2. Stormwater runoff from this project drains to the C61206401—Altlr= River basin. 3. Total Project Area: 56, 3 -acres 4. Project Built Upon Area. (g* % 5. How many drainage areas does the project have? ---- I_____ 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Receiving Stream Name p Receiving Stream Class Drainage Area 0j A4- £)isting Impervious` Area O Proposed Im ervious"Area (o Aft % Impervious` Area (total) (195 Z On -site Buildings rN[,l ,4 .� On -site Streets 3, 2 µ-cm On -site Parking On -site Sidewalks Other on -site r Off -site Total:. 3 TotaL• Impervious area is defined as the built upon area Including, but not limited to, buildings, roads, parking areas, sidewalks, gravel arras, etc J-j:� ror. PoF.0"E 0, voc;�14 (ji r1a Leh rWATCr2 A6 uNoraraG Laftp Form SWU-101 Version 3.99 Page 2 of 4 1/28/03 FRI 13:41 FAX 7574560017 5FECTRA GROUP IZO04 0/ 7, How was the off -site impervious area listed above derived? 6 � [L OF Wyj p t7 +Z IN 1V, DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following Italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcets and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. 1, The following covenants are Intended to ensure ongaing compliance with state stormwater management permit number as Issued by the Divtslon of Water Quality, These covenants may not be changed or deleted without the consent of the State. Z. No more Own square feet of any lot shall be covered by structures or Impervious materials. Impervious materials include asphalt,,gravel, concrete, brick, stone, slate or similar material but do not Include wood decking or the water surface of swimming pools. 3 Swales shall not be filled in, piped, or altered except as necessary to provide driveway crtzssings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5, All permitted runoff From autparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance or the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable Items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement forms) listed below must be submitted for each BMP specified for this project. Contact the Storrnwater and General Permits Unit at (919) 733.5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplemen: Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 01/28/05 FRI 13:43 FAX 7574560O17 SPECTRA GROUP Z006 Permit No.-�� (ta be prQ tEd ._.State of North Carolina . jff?VEU Department of Environment and Natural Resources Division of Water Quality FEB 0 4 2005 STORMWATER MANAGEMENT PERMIT APPLICATION FORM li �� WET DETENTION BASIN SUPPLEMENT �91� V This form may be photocopied for use as an original DWQ Stormwater Management k1jn Review; A complete stormwater management plan submittal includes as application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: V!92E&Potl P — P Contact Person: V1Phone Number: (?Gnu A+9 I — 2,1 �v For projects with multiple basins, specify which basin this worksheet applies to: L-0—'r L-Z n&21 elevations Basin Bottom Elevation Permanent Pool Elevation _ la fO ft. Temporary Pool Elevation areas Permanent Pool Surface Area'J . 2-�j6 sq. ft. Drainage Area. ac. Impervious Area ac. (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (r-rar^t_ t�A- 35,2Fbt 61>5A v let 656 sF) (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -site and off -site drainage to the basin) volumes Permanent Pool Volume d1ZOIO cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume a cu. ft. (volume detained above the permanent pool) Forebay Volume (F&rl\---i (o,QIM cu. ft. (approximately 20% of total volume) Otherparameters SAMAt �.a 3a i� �p (surface area to drainage area ratio from DWQ table) Diameter of Orifice in. (2 to 5 day temporary pool draw -down required) Design Rainfall �.0in. ( W41WC 421(AW TY) Design TSS Removal 2 90 % (minimum 85% required) Form SAr(J-102 Rev 3.99 Page 1 of 4 01/26/05 FRI 13:44 FAX 7574560017 SPECTRA GROUP Z008 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition, b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, move vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 2.2r feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2.2-5 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (Iiu In the blanJkr) Permanent Pool Elevation (, •f7 f Sodunent oval El. -------------- -- SedimentRemoval Elevation 3.75 75% BottomElc etion 3,a %--------------------------------------------- I-�5/° D •� Bottom Elevation FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. if the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-1 CO. Rev 3.99 Page 3 of 4 SW7 050207 Freedom Business Park 11 & III Subject: SW7 050207 Freedom Business Park 11 & III From: Linda Lewis <linda.lewis@ncmail.net> Date: Fri, 22 Apr 2005 16:57.57 -0400 To: Chris Taylor <ctaylor@spectrava.com> Chris: After you and I talked, I was able to figure out the rest of what I needed for the review, Attached please find my comments, the coastal SA/DA table, and deed restriction statements for the owner to incorporate into the covenants and get recorded as soon as possible. The application will be returned for revision via snail mail. (USPS). Linda Lewis ......... ........... .. .. .. .. .. .. .. .. .. ....... ................. ........ .. .. .. .. .. .. .. _................ ........ 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Content -Type: application/msword DEEDREST-HDCOMSD.doc E Content -Encoding: base64 SADATABLE.doc11 Content -Type: application/msword I Content -Encoding: base64 I of 1 4/22/2005 4:58 PM It Page 1 of 1 North Carolina Elaine F Marshall DEPARTMENTOF THE Secretary SECRETARY OF STATE Corporations °Corporations Home *Important Notice •Corporate Forms/Fees *Corporations FAQ *Tobacco Manufacturers *Dissolution Reports *Non -Profit Reports *Verify Certification *Online Annual Reports Links *Secretary Of State Home *Register for E-Procurement *Dept. of Revenue Legislation *1999 Senate Bills *2001 Bill Summaries *Annual Reports 1997 *Corporations 1997 *Other Legislation Search *By Corporate Name *For New Corporation *By Registered Agent Online Orders *Start An Order *New Payment Procedures Contact Us *Corporations Division *Secretary of State's web site Print *Printable Page PO Box 29622 Raleigh, NC 2762"622 (919)807-2000 Date: 4/22/2005 Click here to: View Document Filings 1 Print apre-populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC FREEDOM BUSINESS Legal PARK, LLC Limited Liability Company Information SOS I D: 0457494 FID: 562081118 Status: Current -Active Date Formed: 4/24/1998 Citizenship: Domestic State of Inc.: NC Duration: APR 2097 Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address Principal Mailing Address: Edsall, Attorney, Jim 8562 Caratoke Hwy. Harbinger NC 27941 PO Box 70 Harbinger NC 27941-0070 100 Freedom Ave. Powells Point NC 27966 No Address For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. http://www.secretary.state.nc.us/Corporations/Corp.aspx?Pitem]d=4597770 4/22/2005 is #PART Y T LIMITED LIABILITY COMPANY (LLC) ANNUAL REPORT e NAME OF LIMITED LIABILITY COMPANY (LLC): FR I=DOM BUS NE S ARK LLC STATE OF REGISTRATION: Hr SO S I D: 0457494 Date Filed: 3/18/2003 6:49:00 PM Elaine F. Marshall North Carolina Secretary of State 2003 077 00809 FISCAL YEAR ENDING: 1213112002 MONTHlDAYIYEAR SECRETARY OF STATE L.L.C. ID 0457494 FEDERAL EMPLOYER ID NUMBER 562081118 If this is the first annual report filing.YOU MUST COMPLETE THE ENTIRE FORM. If your ❑ LLC's information has not changed since the previous report, please check the box and complete line 7. 1. REGISTERED AGENT& REGISTERED OFFICE STREETADDRESS4NCLUDE COUNTY: Must be a North Carolina add ressI E'dsall, Attorney, Jim _ Name Harbinger, NC 27941 Street _ County: Currituck CRY NC, Zip County 2. REGISTERED OFFICE MAILING ADDRESS IF DIFFERENT FROM THE STREET ADDRESS: PO Box 70 Street Harbinger, NC 27941-0070 City 3. IF THE REGISTERED AGENT CHANGED, THE NEW AGENT MUST SIGN: 4. ENTER PRINCIPAL OFFICE ADDRESS AND TELEPHONE NUMBER HERE: 100 Freedom Ave. Powells Point, NC 27966 County: Currituck Street City Telephone Number, including area code (252) 491-8369 5- BRW-FLY DESCRIBE THE NATURE OF BUSINESS: Real Estate Development NC. Zip SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT State ,Zip 6. ENTER NAME, TITLE, AND BUSINESS ADDRESS OF MANAGER(S)%EMBER(S) OR IF THE LLC HAS NEVER HAD MEMBERS, ITS ORGANIZERS: (ATTACH ADDMONAL PAGES IF NECESSARY) NAME- BUSINESS ADDRESS- NAME- BUSINESS ADDRESS- NAME- BUSINESS ADDRESS- T. CERTIFI ATION, ANNUAL RErORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES. FORM MUSTTBE SIGNED BY A MANAG•EWMEMBER DATE 1) ' kw-T--z— MANAGERWMBER PE OR PRINT NAME TITLE ANNUAL REPORT FEE: $200.00 MAIL TO: Secretary of State _ Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 1111111111111 1111111111111111 1111111111111111111111 L.- . ... .. ..... . LIMITED LIABILITY COMPANY (LLC) ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY (LLC): EME" AUSMM PARK 1 I t` STATE OF REGISTRATION: Ac SOSID: 0457494 Date Filed: 3/19/2001 2:35 PM Effective: 4/2612001 Elaine F. Marshall North Carolina Secretary of State SECRETARY OF STATE RLLP ID NUMBER 045 FISCAL YEAR ENDING: 12/31 /2000 MONTHIDAYIYEAR FEDERAL EMPLOYER ID NUMBER: 56--2081118 IF THIS IS THE INITIAL ANNUAL REPORT FILING, PLEASE COMPLETE THE ENTIRE FORM. IF YOUR ❑ REGISTERED LIMITED LIABILITY PARTNERSHIP INFORMATION HAS NOT CHANGED SINCE THE PREVIOUS REPORT, PLEASE CHECK THE BOX AND COMPLETE LINE 7 ONLY. 1. REGISTERED AGENT & REGISTERED OFFICE MAILING ADDRESS: 2. STREET ADDRESS AND COUNTY OF REGISTERED OFFICE: 3. IF THE REGISTERED AGENT CHANGED, SIGNATURE OF THE NEW AGENT: SIGNATURE CONSTITUTES CONSf W TO THE APPOINTMENT 4. PRINCIPAL OFFICE STREET ADDRESS: 5. ENTER PRINCIPAL OFFICE TELEPHONE NUMBER HERE: PLEASE INCLUDE AREA CODE 6. ENTER NAME, TITLE, AND BUSINESS ADDRESS OF MANAGER(S) HERE: NAME- ADDRESS- TITLE- NAME- TITLE- NAME- TITLE- 7. BRIEFLY DESCRIBE THE NATURE OF BUSINESS: R-ssal. .:state development. CITY - ST- ZIP- ADDRESS - CITY - ST- ZIP- ADDRESS - CITY - ST- ZIP- 8. CERTIFIC TION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES FORM MUST BE SIGNED BY A GENERAL PARTNER DATE Michael Kuntz r-MBTia3er TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: $200,00 MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 LIMITED LIABILITY COMPANY (LLC) ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY (LLC): EREE2 M EWSWNESS PARJ4LLC STATE OF REGISTRATION: W SOSID: 0457494 Date Filed: 3/19/2001 2:35 PM Effective: _4126/2001 Elaine F. Marshall North Carolina Secretary of State L I Ulu uu• SECRETARY OF STATE RLLP ID NUMBER ftj FISCAL YEAR ENDING: 12/31 /1999 MONTHIDAYNEAR FEDERAL EMPLOYER ID NUMBER: 56-2081118 1F THIS IS THE INITIAL ANNUAL REPORT FILING, PLEASE COMPLETE THE ENTIRE FORM. IF YOUR F REGISTERED LIMITED LIABILITY PARTNERSHIP INFORMATION HAS NOT CHANGED SINCE THE PREVIOUS REPORT, PLEASE CHECK THE BOX AND COMPLETE LINE 7 ONLY. 1. REGISTERED AGENT & REGISTERED OFFICE MAILING ADDRESS: James T. Edsall (of EIsall & Epp, Attorneys'at Law, A.C.) PO am 70 H bbWw, IYC2MI.0070 2. STREET ADDRESS AND COUNTY OF REGISTERED OFFICE: 8562 Caratoke Highway HwMkqw, NC 27041 Cow"- CURRMJCK 3. IF THE REGISTERED AGENT CHANGED, SIGNATURE OF THE NEW AGENT: SIGNATURE C NSTWIMS CONSENT TO THE APPOINTMEW 4. PRINCIPAL OFFICE STREET ADDRESS: 100 Freedom Avenue Powells Dint, NC 27966 5. ENTER PRINCIPAL OFFICE TELEPHONE NUMBER HERE: 2252-_491-8369 _ PLEASE INCLUDE AREA CODE 6. ENTER NAME, TITLE, AND BUSINESS ADDRESS OF MANAGER(S) HERE: NAME- Michael Kuntz TITLE- Member -Manages NAME -Gay S. Kuntz TITLE- der -Manager NAM E- TITLE- 7. BRIEFLY DESCRIBE THE NATURE OF BUSINESS: ADDRESS- 100 FreedCM Avenue CITY- P wells Point ST-NC ZIP-27966 ADDRESS- 100 Freedom Avenue CITY - Powells Paint ST-NC ZIP- 27966 ADDRESS - CITY - ST- ZIP- tt d estate developai nt. IL CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED UABILITY COMPANIES FORM MUST BE SIGNED BY A GENERAL PARTNER DATE Michael Kuntz _Member -Manager TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: $200.DO MAIL TO: Secretary of State - Corporations Division - Post Office Box 29525 • Raleigh, NC 27626-0525 THE SPECTRA GROUP, INC. 563 Central Drive VIRGINIA BEACH, VA 23454 Engineering A Surveying A Subsurface Utility Engineering (757) 497-5862 FAX (757) 456-0017 MEMORANDUM RECEIVE? FEB 0 4 2005 HD DWQ-WARO TO: Tommy Brothers, Michael Warren, Andy Wells, Ron Lackey, Jason Weeks, Stanley Griggs, William Westcott, Pat McClainFRoger Thorp Shannon Crawford, Lucy Cardwell, Henri Ou, Kim Coulson FROM: Christopher A. Taylor, P.E. DATE: January 27, 2005 SUBJECT: Freedom Park- Phase III Attached to this memo you will find a copy of a plat for Freedom Park- Phase III subdivision/site plan approval. Approval being sought is for: Sketch Plan/Special Use Permit X Preliminary Plat Final Plat Preliminary Plat/Site Plan Amended Sketch Plan/SUP Amended Preliminary Plat Amended Final Plat Site Plan/SUP After you have reviewed the plans, please complete the section below and forward this memo with your comments to me no later than February 15, 2005. Approved as is Reviewed with no comments Approved with the following comments: Disapproved for the following reasons Signature of TRS Member Printed Name of TRS Member and Company Thank you for your prompt attention to this matter. If you have any questions, please do not hesitate to call me at (757) 497-5862. PLEASE FAX COMMENTS TO (757) 456-0017 THE SPECTRA GROUP, INC. 563 Central Drive VIRGINIA BEACH, VA 23454 Engineering A Surveying A Subsurface Utility Engineering (757) 497-5862 FAX (757) 456-0017 E-mail: ctaylor6i,snectrava.com TO NCDENR=Division of Water Quality 943 Washington Square Mall Washington, NC 27889-1424 (252) 946-6481 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter 31 0 sozo LETTER OF TRANSMITTAL DATE' February 1, 2005 JOB No. 04-1524 A'I-TFNT]ON gill Moore or Roger Thorpe RE Er� ar - ase Modification to Existing High Density Permit Powells Point, Currituck, NC ❑ Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change order ❑ COPIES DATE NO, DESCRIPTION 2 1-21-05 1-3 Drainage Plan 1 1-27-05 1 TRS Comment Letter 2 1-31-05 1-8 Stormwater Management Permit Application Form and Wet Detention Basin Supplement 1 1-30-05 1 $420,00 Application Fee RECEIVED 1 1-25 Drainage Narrative and Calculations n 005 1 5-3-04 1-57 Quible Drainage Calculations (Void) 1 2-1-05 1 Drainage Area Map THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections 19 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected plans ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS _ As discussed, a new High Density Permit is being, sought for the revised design (Wet Pond with Dischar�,e) COPY TO SIGNED Christopher A. Taylor, P.E. If enclosures are not as noted, kindly notify us at once. State Stormwater Management Systems Permit No. SW7 050207 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Michael Kuntz and Freedom Business Park, LLC Freedom Business Park Phases 11 and 111 Peace Court & Freedom Avenue, Poplar Branch, Currituck County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until May 31, 2015 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The subdivision is permitted for 45 buildable lots, each allowed a maximum amount of built -upon area more particularly described in Section 11.12(f) of this permit. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 2of9 State Stormwater Management Systems Permit No. SW7 050207 6. The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 56.3 Onsite, ft2: 2,452,428 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 1,594,296 46 Lots, ft : 1,332,009 • Roads/Parking, ft2: 139,392 Other, ft2: 122,895 Offsite, ft2: 0 C. Pond Depth, feet: 5.0 d. TSS removal efficiency: 90% e. Design Storm: 1.0 f. Permanent Pool Elevation, FMSL: 6.0 g. Permitted Surface Area @PP, ft2: 118,859 h. Permitted Storage Volume, ft3: 253,352 i. Storage Elevation, FMSL: j. Controlling Orifice: k. Permanent Pool Volume, ft3 I. Forebay Volume, ft3: m. Maximum Fountain Horsepower: n. Receiving Stream 1 River Basin: o. Stream Index Number: p. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 7.0 2@4""0 pipe 118,877 21,677 113 Currituck Sound I Pasquotank 30-1 "S C" 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permiftee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. Page 3 of 9 State Stormwater Management Systems Permit No. SW7 050207 3. If an Architectural Review Board or Committee is required to review plans, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Page 4 of 9 State Stormwater Management Systems Permit No. SW7 050207 12. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7 050207, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built -upon area per lot is as listed below, in square feet. Lot 5 26,000 Lot 21 47,158 Lot 37 26,133 Lot 6 26,092 Lot 22 31,209 Lot 38 26,000 Lot 7 26,155 Lot 23 51,697 Lot 39 26,000 Lot 8 26,123 Lot 24 0 Pond Lot 40 26,000 Lot 9 37,190 Lot 25 37,507 Lot 41 26,000 Lot 10 26,130 Lot 26 30,574 Lot 42 26,027 Lot 11 26,130 Lot 27 33,078 Lot 43 26,021 Lot 12 26,130 Lot 28 26,649 Lot 44 26,000 Lot 13 26,130 Lot 29 26,649 Lot 45 26,000 Lot 14 26,130 Lot 30 26,649 Lot 46 27,232 Lot 15 26,130 Lot 31 31,092 Lot 47 27,056 Lot 16 26,130 Lot 32 26,416 Lot 48 27,671 Lot 17 27,142 Lot 33 26,650 Lot 49 26,496 Lot 18 33,652 Lot 34 26,650 Lot 50 26,585 Lot 19 33,028 Lot 35 27,906 Lot 51 26,125 Lot 20 40,241 Lot 36 28,128 Lot 52 0 Pond This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. Built -upon area in excess of the permitted amount will require a permit modification. Page 5 of 9 State Stormwater Management Systems Permit No. SW7 050207 Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. 14. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 1 /3 hp. 15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 17. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Page 6 of 9 State Stormwater Management Systems Permit No. SW7 050207 Ill. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 31 st day of May 2005. NORTH C OLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1&-,e� Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 050207 Page 7 of 9 05/26/05 THU 1.4:.19 FAX 757456001.7 524919298 Edsall and Epp 05-26-2005 08:52am From-QUIBU&ASSOCIATE5 SPECTRA GROUP EDSALL & EPP ATTORNEYS 2522611260 12:22:46 p.m. 05-26-2005 T-210 P.002/000 F-706 fi !1 002 'o IAkNa F. EaWay, Oowmar vatam o. Ran Jr., smm*y NOM Camara Depamwmt of Envhrnem m W NatuW RE801t1066 Ales W. KUM* P.E., plr =r Dmsion of Water auallty DIVISION OF WATER QUALITY May 27, 2003 Mr. Michael Kuntz Freedom Business Park, LLC 100 Freedom Ave. Powalls Point, NC 27966 Subject: Stormwater Permit No. SW7030405 Freedom Park Phase II & III High Density Stormwater Project Currituck County Dear Mr. Runts: The Washington Regional Office received the completed Stormwater Application for the subject project on April 23, 2003. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Reguilati.vns set forth in Title I5A NCAC 2H.1000. We are forwarding Permit No. SW7030405 dated May 27, 2003 to Freedom Business Park, LLC for grassed swales and a wet infiltration basin to serve Phase II & III of Freedom Business Park located at Powalls Point in Currituck County,, NC. This permit will replace and void permit SW7010721 issued October 12, 2001 for low density development of phase II of Freedom Business Park. . Thie permit shall be effective from the date of issuance until May 27, 2013 and shall be subject to the conditions and limitations as specified therein. please pay special attention to the operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stomwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) daya following receipt of this permit. This request must be in the faro of a written petition, conforming to Chapter 150E 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. 05/26/05 THU 14:20 FAX 7574560017 2524919298 Edsall and Epp 06-26-2005 0113n Fox-NIBLEAASSOCIATES SPECTRA GROUP 1201 '.23�.16 P.M.p.rn. 05-[a-'LOUS � r� EDSALL A EPP ATTORNEYS 2522611290 T-V O P.003/009 F-700 Michael Kuntz May 27, 2003 Page Two If you have any questions, or need additional information concerning this matter, please Contact Roger K. Thorpe at (252) 946-6491, extensi.vn 214. Sincerely, !0-- 1-r'T IIt Mulligan Water duality Regional Supervisor Washington Regional Office cc: V6uible & Associates Currituck County Inspections WaRO Stormwater Files Central Files 05/26/05 THU 14:20 FAX 7574560017 2524919298 Edsall and EPP 05-26-2005 00:53an From-QUIDLUASSOCIATES SPECTRA GROUP EOSALL $ EPP ATTORNEYS 2522011290 1Z:23:32 p.m. 05-26-2005 T-210 P104/000 F-706 C] 004 ofi state Stormwalter Management Systems Permit No. SW7030405 STATZ OF NORM CAROLINA DZMTHNT OF &NVlMOGM AM SAL NZISCURMS DIVISXCN OF WKTER QLU LITY STATE ST MkTZR b9MGKbffM PERMr T HIGH mNsm Dmwaa T In accordance with the provisions of Article 21 of chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED T4 Freed= Business Park, LLC Currituck County FOR THE construction, operation and maintenance of stormwater management systems is Compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater xules1F) and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for grassed swales and a wet infiltration basin to serve Phase Ii & III of Freedom Business Park located Powella Point In Currituck County, NC. This permit will replace and void permit SW7010121 issued October 12, 2001 for low density development of Phase II of Freedom Business Park. This permit shall be effective from the date of issuance until May 27, 2013 and shall be subject to the following specified conditions and limitations: I. DESIGN STAIQ MS I This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 2 of this permit, the Project Data Sheet. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 05/26/05 THU 14:21 FAX 7574560017 SPECTRA GROUP ?005 2524919296 Edsall and Epp EOSALL & EPP ATTORNEYS 1 2:23:59 P.M. u5-"-zUu:3 n 05-26-2005 00;682e From-WIBLEIASSOCIATH 1522611100 T-21a P.005/000 F-ros VMSION OS R Q=XTY PROJECT DATA Project Name: Permit Number: Location; Applicant: Mailing Address: Application Date: Water Body Receiving 5tormwater Runoff. Ciaasification of Water Body: Total Site Area: Total Impervious Surfaces Allowed: Basin Depth: Required Storage Volume: Provided Storage Volume: Overflow elevation Freedom Business Park Ph II & III SK7030405 Currituck County FSreed= Business Park, LLC 100 Freedom Ave. Powells Point, NC 27966 4/23/2003 UT to Currituck Sound 5C 54.9 acres 34.6 acres proposed 6.0 feet 127,713 cf .350,971 cf 8.0 feet 05/26/05 2524919208 05-29-2005 SPECTRA GROUP ? 006 THU 14:21 FAX 7574560017 11:24:29 m. os-zb-zoos �ar� Edsall and Epp EDSALL & EPP ATTORNEYS p 00.18am Frn-4 RE&ASSOCIATES Z512611260 T-210 PAWN F-706 4. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as pant of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. S. The following items,wi.11 require a modification to the permit: a, Any revision to the approved plans, regardless of size b . Project name change c. Transfer of ownership d. Redesign or addition to the approved amount of built - upon area ee k'urther subdivision of the project area. 2n addition, the Director may determine that other revisions to the project should require a modification to the permit. 6. the Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit_ Within the time frame specified in the notice, the permittee shall submit a written time schedule to.the Director for modifying the site to meet minim= requirem,sants. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 11. sCiIEDUrA OF COMPLIANCE T. The permittee will comply with the following schedule for construction and maintenance of the stormwater management system_ a. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the constriction of any built -upon surfaces except roads. b. During construction, erosion shall be kept to -a minimum and any eroded areas of the system will be repaired immediately. 2. The facilities must be properly maintained and operated at all times. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency including, but not limited to: 05/26/05 THU 14: 21 FAX 7574560017 E�SALLS EPP AT SPECTRA GROUP 2624919298 Edsalland Epp 05-26-2008 09.13am F r =-A IBLESASSOCIATE$ 2522811260 007 12:24:49 P.M - 05-26-200a T-210 P.00T/002 F-TOB LE a. . Semi-annual scheduled inspections (every 6 months) b. sediment removal C. Mowing and revegetation of Side slopes d. inmediate repair of eroded areas e. Maintenance of side slopes in accordance with approved plans and specifications f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. This permit shall become voidable unl.ese the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction and prior to operation of this permitted facility, a certification must be received frown an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Mail -the Certification to the Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina,.27889, attahtion Division of Water Quality. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction.. rrl. GENERAL OONDITICNS 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request mu$t be submitted to the Division of water Quality accompanied by an application fee; documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143,215.6(a) to 143-215.6(c). 3. The issuance of this permit does not preclude the Permittes from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 05/26/05 THU 14:22 FAX 7574560017 t524919298 Edsall and Epp 05-28-2005 02:53am frog-QUIREM$=IATES SPECTRA GROUP EDSALL a EPP ATTORNEYS 2122011260 12:25:22 p-m- u"-<u^[UU7 T-210 P.009/001 F-708 008 6w 4. In the event that the facilities fail to perform satistactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5_ The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. Permit issued this the 27 th day of May, 2003. NORTH CAIMIMA ENVZROMOMAL MANAGDfNT 009R+ 2SXC i Alan'W. Klimek, P.F.; Director Division of Water Quality By Authority of the Environmental Management Commission Pemmit Number SW7030405 SPECTRA GROUP 009 05/26/05 THU 14:22 FAX 7574580017 t2:25:43 p.m. OS -Ls -sous '�" Edsall and Epp £OSALL & EPP ATTORNEYS 2524919298 ZSZZ811260 i-210 P.009l000 F-i06 05-26-2005 0oMax FIwQUIRE{ASSOGIAM Freedom Businese Park Phase II & III Stormwater Permit No. SDP7030405 Designer's Certification z'► as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, for (Project) (Project owner) hereby state that to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial canmpliance and intent of the approved plans and specifications. Signature Registration.Number Date 05/26/05 THU .14:22 FAX 7574560017 SPECTRA GROUP 2524919298 Edsall and Epp EDSALL & EPP ATTORNEYS 12:20:54 p.m 11/14/2003 11:17 252-232-3026 CURR7TUCK COUNTY 05-26-2uu8 c 3 o l o PAGE 01 Post o@i" B" 70 Cxftwk Nod Ce UDA 27929 LKJIIIWil�,-I1904 3 A Dcpartment of Planning and Inspecdow November 13, 2003 Michael Kuntz . Freedom Business Parr LLC 100 Freedom Ave Powells Point, NC 27966 RR Freedom Business Park, Phase II Deaf Mr. Kuntz: 252 232-305502-232.3378 Fax 251-232.9026 This is to conf=. the county's understanding of those items .that you agreed to in our meeting on November 6, 2003 concerning dminage issues associated with Freedom Business Park, Phase TL In order for the county to move forward with the issuance of building permits for, this development, Freedom Business Park, LLC acknowledges and agrees to the following: 1. Total lot coverage in Phase 11 i udt= the cxisfing roads and cul-de-sacs shall be limited to thirty (30) percent until a comprehensive stormwMer management solution is advanced and agreed upon by all parties including the county; and a. The existing nine (9) lots which have currently submitted site plans (Lots 9, 13, 14, 15, 16, 17, 18, 22, 23) will be allowed to msubmit their site plans to conform with the recent stormwater guidelines prepared by Quible (copy attached). The additional six (6) lots which have been sold (owner will provide numbers), but have not submitted site plans for approval, may submit site plans reflecting only a 30% coverage if a plan is submitted by the developer and approved by the county to construct an additional stormwater pond across the street from Lot 9 of Phase 11 in the undeveloped area of Phase III. A time line for construction of the pond and a performance bond will be required if not completed before the issuance of a building permit for these six (6) lots is desired b, For the remaining four (4) lots, currently owned by the developer, to be issued a building permit or the existing six (6) lots to go from 30% to 650/, and/or approval of Phase III, then a comprehensive plan must be developed and submitted for c;ouaty approval to resolve the present stormwater management concerns. ' 05/26/05 THU 14:23 FAX 7574560017 SPECTRA CROUP 011 2524919298 Edsall and Epp EDSALL & EPP ATTORNEYS 12:21:23 p.m. 05 26 2ooa 3 rl 11/14/2003 11:17 252-232-302G CURRITUCK COUNTY PACE 02 2. You shall renew the street maintenance bond for -.au ' streets within this development project and said bond shall not expire until such time as NCDOT accepts maintounce responsibilities for these streets. Prior to (1) issuance of a building permit for the four (4) lots currently owned by the developer, (2) issuance of building permits increasing lot coverage from 30% to 65% for the six (6) lots which have been sold but for which the site plans have not been submitted, or (3) approval of Pbase III, the developer shall provide: a. An agreement from the adjacent property owncr to the south to clean out all obstructions and debris along the ditch that traverses that prop" down to North Spot Road; or b. A comprehensive stormwater management plan acceptable to the co" 's engineer that would not require stonnwater conveyance through ditches located on the adjoining property for adequate function_ The county will contact NCDOT concerning the bloelmge of the culvert under North Spot Roe& If you disagree with these conditions for the issuance of building permits, please contact me at your earliest coavonience at 252-232-3055, extension 262. If you agree with these conditions, please sigh the space provided below, have notarized, and return the original to me. r Planning AICP 05/26/05 THU 14:23 FAX 757456001.7 SPECTRA GROUP 2524919298 Edsall jand Epp EDSALL & EPP ATTORNEYS 12:22:01 p.m 11/14/2003 11:17 252-232-3026 CLRRITUCK caiNTY PAGE 03 fj 012 i, Michael Kuntz, Freedom Business Park, LLC, agree to the conditions noted in this agreement_ `' `' G( t Signature North Carolina Currituck County Date ' a NotaryPublic for said County and State, do hereby certify that orally appeared before me this day and acknowledged the due execution of the foregtwina instrument. Witness my hand and off eW seal, this the day of November, 2003. (Official Seal);Z—Not Public 0%%III+IIIII, My commission exp m: cc: Pat McDowell 'tE, M: C��`� Jolm Morrison ��• NOTARY •'•��'. Donna `/oliva Z+ f t - - PUBLIC — MFcow LV : u= r�1rrll�n����