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HomeMy WebLinkAboutSW8051007_HISTORICAL FILE_20060111STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW60�-//o DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE �2� /// YYYYMMDD �0F W ATERQ Michael F Easley, Governor O G William G Ross, Jr, Secretary r North Carolina Department of Environment and Natural Resources Alan W Klimek, P E Director Division of Water Quality January 11, 2006 Mr Stuart Cooke, Member/Manager The Resort at Ocean Isle Beach, LLC 6606 Beach Drive, SW, Unit E Ocean Isle Beach, NC 28469 Subject- Approved Plan Revision The Resort at Ocean Isle Beach - Lots 1-69 & Resort Club Stormwater Project No. SW8 051007 Brunswick County Dear Mr Cooke On December 29, 2005, the Wilmington Regional Office received a plan revision for Stormwater Management Permit Number SW8 051007 The revisions include a relocation of infiltration area #5 and a minor reconfiguration of the amenity area It has been determined that a formal permit modification is not required for the proposed changes We are forwarding you an approved copy of the revised plans for your files Please replace the old approved plan set with the new one Please be aware that all terms and conditions of the permit issued on November 15, 2005, remain in full force and effect Please also understand that the approval of this revision to the approved plans for the subject State Stormwater Permit is done on a case -by -case basis Any other changes to this project must be approved through this Office prior to construction The issuance of this plan revision does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction If you have any questions concerning this matter, please do not hesitate to call me at (910) 796-7303 Sincerely, I1) Robert D Gordon Environmental Engineer II ENBlydg S 1WQSISTORMWATIREVISION1051007 jan06 cc Phil Norris, PE, Norris, Kuske & Tunstall Delaney Aycock, Brunswick County Building Inspections Division of Coastal Management Robert Gordon Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service1-877-623-6748 one Wilmington Regional Office Wdmtngton NC 28405 3845 FAX (910) 350 2004 Internet h2o enr state nc us NorthCarolma An Equal Opportunity/Affirmative Acton Employer — 50% Recycled110% Post Consumer Paper ;Vatur171111 Skate Stormwater Management Systems Permit No SW8 051007 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 Mr Stuart F Cooke & The Resort at Ocean Isle Beach, LLC The Resort at Ocean Isle Beach - Lots 1-69 & Resort Club West of NC 904, Ocean Isle Beach - Brunswick County FOR THE construction, operation and maintenance of 5 Infiltration Trenches in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit This permit shall be effective from the date of issuance until November 15, 2015 and shall be subject to the following specified conditions and limitations I DESIGN STANDARDS 1 This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data 2 This stormwater system has been approved for the management of stormwater runoff as described in Section 16 on page 3 of this permit The subdivision is permitted for 69 lots and the Resort Club Lot, each allowed 3600 square feet of built -upon area 3 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit 4 In lieu of a 50 ft vegetated filter, additional volume equal to twice the design storm will be provided in the stormwater system 5 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 SW8 051007 6 The following design elements have been permitted for this infiltration trench stormwater facility, and must be provided in the system at all times 1{ 'o.# +1N}',, 4!,,)1i,,p Nt °, I it'r r[rs,y,,f, rfa'i$7 f ,s �f �, , fir„ r, y,�1r,ji!11 yri°t,. ,�rrf},1„���r,° lrrFt r,'r 1� lr 'fr=t ',,P, „�r i'tr 1471n P i �,� r� �„il ',' , � �? ! S {e,13'„ �� � T4711,lnfdtrationit nets« +; ;,°: ;,, �,ir y �4 Trench �'1�rI vAnfiltration, i '-ATrench 2-y In iltration; ,,, , ,Trench, 3�h Drainage Area Onsite Offsite Acres ft2 ft2 2 677 116,620 0 0 608 26,500 0 479 208,649 0 Total Impervious Surfaces Lots at 3600 sf/lot Roads/Parking Other Offsite ft2 74,171 63,000 10,078 1093 0 13,788 0 10,074 3,714 0 126,992 112,000 13,280 1,712 0 Design Storm inches 3 3 3 Trench Dimensions, L x W x H ft 140x40x6 70x4Ox3 240x4Ox6 Perforated Pipe Dia /Length ft 4/980 2/420 4/1,680 Seasonal High Water Elev FMSL 5 0 5 0 5 0 Bottom Elevation FMSL 76 7 0 70 Storage/Bypass Elevation FMSL 14 6 11 0 14 0 Permitted Storage Volume ft 21,719 4,247 35,839 Expected Infiltration Rate in/hr 20 20 20 Time to Draw Down days 0 097 0 038 0 093 Type of Soil `,'c;; '°f'{,°;rf', Newhan Receiving Stream 'uf,� Eastern Channel River Basin Lumber Stream Index Number r,,r'rf`,,i��! 15-25-6 Classification of Water Body��,�,;,� SA,HQW tt� i� Ir't(Kit4t't�,, " k i, C In tration � , I �p� �I nfi trafiobrn ,«UlltS, jt,i Trench5 h Drainage Area Onsite Offsite Acres ft2 ft2 2 921 127,256 0 021 9,148 0 Total Impervious Surfaces Lots at 3600 sf/lot Roads/Parking Other Offsite ft2 80,890 66,500 10,475 3,915 0 5,250 3,600 1,380 270 0 Design Storm inches 3 3 Trench Dimensions, L x W x H ft 205x40x4 35x30x3 Perforated Pipe Dia /Length ft 3/2,255 2/180 Seasonal High Water Elev FMSL 5 0 5 0 Bottom Elevation FMSL 7 0 7 0 Storage/Bypass Elevation FMSL 120 11 0 Permitted Storage Volume ft-3 22,845 1,647 Expected Infiltration Rate in/hr 20 20 Time to Draw Down days 010 0 034 Type of Soil "'t Newhan Receiving Stream It Eastern Channel River Basin "rlf"112J, i° ° '' Lumber Stream Index Number 'f11�1U 411E,€,"l5l 15-25-6 Classification of Water Body SA HQW Page 3 of 9 State Stormwater Management Systems Permit No SW8 051007 II SCHEDULE OF COMPLIANCE No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division 2 The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner 3 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 4 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately Infiltration systems should not be used as erosion control devices, due to the potential clogging 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 5 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 6 The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below a Any revision to the approved plans, regardless of size b Project name change c Transfer of ownership d Redesign or addition to the approved amount of built -upon area e Further subdivision, acquisition, or sale of all or part of the project area The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought f Filling in, altering, or piping of any vegetative conveyance shown on the approved plan 7 The Director may determine that other revisions to the project should require a modification to the permit 8 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 Page 4 of 9 State Stormwater Management Systems Permit No SW8 051007 9 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 slopes and the vegetated filter d Immediate repair of eroded areas e Maintenance of all slopes in accordance with approved plans and specifications f Debris removal and unclogging of bypass structure, filter media, flow spreader, catch basins, piping and vegetated filter g A clear access path to the bypass structure must be available at all times 10 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 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 12 Prior 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 13 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 SW8 051007, as issued by the Division of Water Quality under NCAC 2H 1000 b The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit c These covenants are to run with the land and be binding on all persons and parties claiming under them d The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality e Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality f The maximum built -upon area per lot is 3600 square feet This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, 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 Page 5 of 9 State Stormwater Management Systems Permit No SW8 051007 14 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 15 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 Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools III GENERAL CONDITIONS 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 protect 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) that 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 Page 6 of 9 State Stormwater Management Systems Permit No SW8 051007 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 15th day of November, 2005 NOR T AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION "3 for A an Klimek, , Director Division of Water Quality By Authority of the Environmental Management Commission Page 7 of 9 State Stormwater Management Systems Permit No SW8 051007 The Resort at Ocean Isle Beach - Lots 1-69 & Resort Club Stormwater Permit No SW8 051007 Brunswick County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form are a part of this Certification Noted deviations from approved plans and specifications Signature Registration Number Date SEAL Page 8 of 9 State Stormwater Management Systems Permit No SW8 051007 Certification Requirements Page 2 of 2 1 The drainage area to the system contains approximately the permitted acreage .2 The drainage area to the system contains no more than the permitted amount of built -upon area 3 All the built -upon area associated with the project is graded such that the runoff drains to the system 4 All roof drains are located such that the runoff is directed into the system 5 The outlet/bypass structure elevations are per the approved plan 6 The outlet structure is located per the approved plans 7 Trash rack is provided on the outlet/bypass structure 8 All slopes are grassed with permanent vegetation 9 Vegetated slopes are no steeper than 3 1 10 The inlets are located per the approved plans and do not cause short- circuiting of the system 11 The permitted amounts of surface area and/or volume have been provided 12 Required drawdown devices are correctly sized per the approved plans 13 All required design depths are provided 14 All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter 15 The required dimensions of the system are provided, per the approved plan cc NCDENR-DWQ Regional Office Delaney Aycock, Brunswick County Building Inspections Jeff Phillips, Brunswick County Engineering Page 9 of 9 rcD-10-cu1u RUIN ub;,ee fill NGl ENE FAX NO. 910 350 2004 P. 02 J&,Vq;.AV NCDEWR North Carolina Department of Environment and Natural Resources Division of Water Quality Severly Eaves Perdue Coleen h Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANCE FORM I. CURRENT PERMIT INFORMATION I Stormwater Management Permit Number S W 2 Project Name 9�. r+ -a4 cZcAA Lo t5 cwb 3 Current Permit Holder's Company Name/Organization 1 tsv4 -z C 3U �u �LLC. 4 Signing Official's Name S-�s zv`i C001eTitle Vitr PAM � t1t r (person legally rosponsibie for rmli 5 Mailing Address v eaL, r. UN tT City i 3 uoK,-i� State L)C.� Zip ' 6 Phone /o) r!a -- ! % _ Fax 11, PROPOSED PERMiTTEE 1 OWNER / PROJECT 1 ADDRESS INFORMATION This quest is for (please check all that apply) ['Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change (Please complete Item 4 below) ❑ Other (please explain) y 1 Proposed permittee's company name/organization PCA 2. Proposed permittee's signing official's name- __- J A-I�LG� P T-Er Jr 3 Proposed permittee's Title.- PrA BZV5[ pEW--� [ _ 4 Mailing Address Po, fit{ (o5i�q City N LE '9 l State, i) L Zip Phone (�Sl�?) S — �?(aZ Fax (_ 910 ) 5 F5 - ?a (o -- 5 New Project Name to be placed on permit Please check the appropriate box, The proposed permittee listed above is UrHOA or POA (Attach a copy of the deed transferring ownership of a# common areas Pr nt Name of HOA or POA in #1 above and provide name of HOA(POA) president in #2 above) ❑ The property owner. ❑j Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner Information on page 4) ❑ Developer (Complete Property Owner Information on page 4) SSW NIO Change FJev16Nov2009 rage 1 of 4 FEB 2 8 Z010 r tb-1 o-CU i u MUN U8.'22 Alt NCDENR FAX NO, 910 350 2004 P. 03 iII REQUIRED, ITEMS This application package will not be accepted by the Division of Water Quality unless all of the applicable required items listed below are included with the submittal. t . This completed and signed form 2 Legal documentation of the transfer of ownership (For Permit Transfers Complete Current Permittee and Proposed Permittee Sections) 3 A copy of the recorded deed restrictions, if required by the permit 4 The designer's certification, if required by the pormit and if not already submitted to DWQ 5 If the Proposed Permittee is a corporation, C_I_C or General Partnership, provide documentation from the Secretary of State office, which supports the named president, vice president, member, manager or General Partner 6 The $40 00 processing fee If this is an initial transfer from the original permittee to the property owner or other responsible party such as an HOA, the processing fee is not required Subsequent ownership transfers will require the $40 00 processing fee iV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements ❑ Check here if the Current Owner !s only changing the owner name, company name or protect name, or the marling address, and will retain ownership of the permit I, _ _ , the current owner, hereby notify the Division of Water Quality that I am changing my name or company name and/or I am changing my mailing address and/or I am changing the name of the permitted project I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed and that if all raqui'red supporting information and attachments as outlined above are not included, this application package will be returned as incomplete .Check here If Current Owner Is transferring (selling) the property to a new owner and will not retain ownership of the permit 1, Slu z r4 Ct--O Lz- , the current owner, am submitting this application for a transfer of ownership for permit # SwyJ a5i oo I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit I further acknowledge and attest that i have transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records to the Proposed Permittee named in Sections 11 and V of this form at the mailing address listed in Section 11 of this form I further attest that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of this form I understand that this transfer of ownership cannot be approved by the Division of Water Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs this form I understand that in the event the facility is not in compliance or the Proposed Permittee does not sign this f rM, the responsibility to bring the facility into compliance and to comply with the terms and cod' o s of the permit remains with me until such time as the Proposed Permittee signs this form and e vision aooroves it a Notary Public for the State of County ofY�l..scc. _ , do hereby certify that personally appeared before me this the day of _b1�1 L� _ _ 20%7 , and acknowledge the due execution of the forgoing instrument Witness my hand and official seal, (Notary Seal) Si1C'rrVcari@tif3 Notary Signatu e iw ary r'ubi+o Brun iv,r,ck County SSW N/Q Change Rev16Nov2009 Page 2 of 4 P+�'t` ` - ot+na My Comr - ti,iur) Expres i /29/201 t r cn- i o-LU i U 11UN Uti . CC All NUDENK FAX NO, 910 350 2004 P, 04 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, JAuG:5 P I—KTr= -J r , hereby notify the Division of Water Quality that I have acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and maintaining, the permitted stormwater management system I have examined the permit and inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit and to comply with the terms and conditions of the permit I attest that I have reviewed this application for an ownership change and it is accurate and complete to the best of my knowledge I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as Incomplete. I- further acknowledge and attest that in the event the required facility Inspection reveals that the project is not in compliance with the permit, I understand this transfer of ownership will not be approved until the project is brought into compliance I acknowledge and attest that I have received a copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWO approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records from the previous permittee I further acknowledge and agree that I will construct and/or operate and maintain the system per the requirements listed in the permit and in the Operation an aintenanc reement Signature Date .211 k Ila 11 z I-li_Dff_Lq, a Notary Public for the State of County of _�,�rG!/ll,�/. C� 7— __, do hereby certify that S personally appeared before me this the day of _�&h(/J/1Y4 20JO , and acknowledge the due execution of the forgoing Instrument Witness my hand and official seal, Notary Signature �Not0ry�i my Norlh Ge alma My Comnnis:,ion iw spires 1 /29/2011 Additional copies of the original permit and the approved Operation and Maintenance plan can be obtained from the appropriate Regional Office of the Division of Water Quality This completed form, including all supporting documents and processing fee, should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document Both the lessee / developer and the property owner will appear on the permit as permittees SSW N/O Change Rev16Nov2009 Page 3 of 4 rZD - i o—cu 1 u E IUN VO • C3 HFJ IAUUtNK f iX NU. y 1 U �bU ZUU4 P. 05 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permimee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form. Printed Name JAWL�3a P• TAB 'Jr I Organization 00 & �T � -Tsu= P�� _^ Title within the Organization RXC-51 DE-N 1 Street Address le::, G�4uSr��tUr��j_ _D►L' _ -- -- - City cf:7C-r� h� ?X"Pclt4 State NC- Zip Mailing Address _ P. o . li� b-� (a 5V i _ City. (if diffe ent from slreel address) 15 [.- encb1 State N Zip z 9 Phone `t/° J ����Z- Fax. 916/S;7 - 0�Z.- Email I certify that I own the property Identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections 11 and V to develop, lease or purchase the property A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along with the lessee/developer and that if the designated Proposed Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending sales contract, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner As the property owner, it is my,responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statue 143-215 1, and may result in appropriate enforcement actin including the assessment of civil penalties of up to $25,000 per day, pursuant to NCG 145 6 Signature of the property owner f Date 21abc a Notary Public for the State of County ofdo hereby certify that personally appeared before me this the /j day of , 20/0 -, and acknowledge the due execution of the forgoing instrument Witness my hand and official seal, &444,Z7_ .tiheny 4carieti(Notary Seal) Nritary Public Notary Signat re Br,,,istwick County 190t1h CarOJIT)a My COrnri-S-IOR EXPI,a31/29/201 1 SSW N/0 Change Rev16Nov2009 Page 4 of 4 �3 ,�_ZOes 82900 P0836 14 e4 33 001 Brenda M Clemmons Brunswick County, NC Register of Deeds page I of 2 TOO _— r i I Und I-1113RCe cc ,r �, d,jrm of,,nng+rral ❑ DocumeRt corl ims yr--,L .f Igindl Inshment tdt canrol Ix, reprcjuced or copied EXc se Tax' $ D This rrtaTua+ent was prepared by. Wes Arid Godbey, PC, Attorneys at Law, 6406 Beach Drive SW, Ocean Isle &nch, NC 28469 - Prepared wthout examination or certification of title Brtef descnptran for the Index - Parcel No 257FI00114 General Warranty Dead 01 *0i1�►R�TZ+rI�i,D C OUN rY OF BRUNSWICK THIS DEED made this I I clay of March, 2009 by and between The Resort at Ocean We Beach, LLC, a North Carolina Urnited LAabillity Company, GRANTOR and The Resort at Ocean Isle Beach Property Owners Assocsation, Inc.,-a,NarjkCarqA.pa,.,CgrpW!Mon, G&"fME-W co-e pddzVtss e� i r _ THAT the Grantor, for a valuable considembon paid by the Grantee, the receipt of which is hereby ackmwkKkjed, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all of that Certain lot, tract or parcel of land situated In Brunswick County, North Carolina and more particularly described as fbilows: BEING ail of that 0.21 Tract da0gna ad as "Amerritq Area" as show on map thereof recorded in Map Cabinet 33, at Page 542 in the Brunswick County Registry. TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all pnvileges and appurtenances thereto belonging to the Grantee in fee simple Q3-is-2009 . ' = lllli�� �IIl1��II�� 4�lE�lllllll l 12�P@83mop? mns 33 p01 Brunswick County. NC Register s page 2 of 2 AND the Grantor covenants with the Grafrtee, that Grantor is seized of said premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and dear of all encumbrances, and that Grantor wilt warrant and defend the title against the lawful claims of all persons whomsoever except for the except►ons hereinafter stated title to the property heremabove described is subject to the fbilowing exceptions The provisions of all applicable zoning and land use ordinances, statutes and regulations; 2009 ad valorem taxes, all applicable restnctove covenants and utility easernetiits of record The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors acid asgigns, antl sMU include siriguildr, (Aural, a asculine, feminine or neuter as required by context IN WITNESS WHEREOF, the Grantor has dilly executed the foregoing as of the day and year first above written Resort at Onsan Esle Beach, LLC r " .0 (SEAL) la B. i • Member / Manager State of North Carolina County of`�-�'SvJ�C� 1, the undersigned Notary Public of the County and state afioresaut certify that James B jX rs. ll personafly came before me this day and ark wiedged that he is the Member / Manager of The Resort at OOcean_Isk Beach. LZC, a North Carolina limited liabilrty company, and that by authority duly given and as the ad of such entity, they signed the foregoing instruiz ent in its ram -we on its behalf as its act W dyed. 1Wmiess my hand and Notanal stamp or seal Donna M. LaChafm NOTARY PUBUC Bnmewic k County, No lY Coi11}iljswon SIBS 4 My commission Expires Daeft J. HObirison � &--gister of 30b514 Hoak 2290Pacp 1053 12/15/2005 12:51»99M Rec R -- Z"OL4 � Cvggg&lm �av � L .. ....� DECLARATION OF COWNANTS, CMMITIONS, RESTRICTIONS AND MOMENTS FOR THE RESORT AT OCEAN ISLE BEACH L Z rl� WHEREAS, the Devel erUMMW=Kin real property located in Ocean Isle Beach, Brunsw ount olina, and WHEREAS, the Developer proposes to create on such property a subdivision containing 95 residential home lots, together with common areas as more fully described in the attached Exhibit A, and hereafter referred as the "Subdivision", and 41. WHEREAS, the 17evelo wishes t �ah the following objectives for its benefit and the bane �(�ts in the subdivision by the imposition of the restri t kEd l a� s�emeents set forth herein; (a) To maintain t e single fa`�lential character and integrity of the Subdivision, (b) To preserve the quality of the natural amenities of the subdivision, (c) To minimize or eliminate the possibility of any disruptions of the peace and tranquility of the single family residential environment I YeSubdiViBiOn, (d) To prevent thef 1eration of the natural character of thvisn, and (a) To keep propn t ision high, stable and in a state of rea . and WHEREAS, the Developer is desirous of maintaining design criteria, location, construction specifications and other controls to assure the integrity of the Subdivision, and WHEREAS, the Dev per hereby declares hat all of the properties described herein shall be d, mortga a �iAnd conveyed subject to the following easements, restricn conditions, which are for the purpose of protecting esirability of, and which shall run with the real property ;x on,ies having any right, title or interest in the described prop a y part thereof, their heirs, successors and assigns, and shall inure toi benefit of each Owner thereof ARTICLE I Definitions Section 1 "Assoc ion" shall mean and ar=ccessors to The Resort at Ocean Isle Beach Property Owners ciati �� and assigns Ad c_ �Mll section 2 nPrope� to that certain real property hereinbefore de art cu arly shown on Exhibit `A" PTOil,,� r tr r �0, .A4 + r 1 r 3 ' t - } j � r❑ . ti � u74 y � r ' ' k � !Jl • lrr � { a �ti. `mil r ' � � r qj�rj� Uff*yyMV@t # 306514 Book 2298Page: 1064 Section 4. The developer or Association may at any time dedicate the streets in the Subdivision to a public authority if it so desires. Section 5 It is agreed that time is of the essence with regard to these restrictions, coven s, limitations and co�tions A Section 6. In the eve o � or breach of any of these restrictions by any Owner e c er the Owners of Lots in the Subdivision, or any of t w shall have the right to g proceed at law or in equ� to comp ante with the terms hereof or to prevent the violation or breach in a" nd"yevent. In addition to the foregoing, the Developer, its successors and assigns, shall have the right, whenever there shall have been built on any Lot in the Subdivision a structure which is in violation of these restrictions, to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the Own if after thirty 8)ff11days written notice of such violation, it shall not have n coEr i Owner The Association is hereby granted a perpetual a each Lot for the purposes of carrying out its responsii�j ton, and any such entry and abatement or removal shag o beM waiver of the rights to do so or hereafter as to the same breach & ' a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement Should Developer employ counsel to enforce any of the foregoing covenants, conditions, reservations or restrictions, because of a breach of the same, all costs incurred in such enforcement, including a reasonable fee for Developer's counsel., shal a paid by the Owner o such Lot or Lots in breach thereof. r r aQ X" Section 7. The De9A6S s`Fiill not in any way or manner be liable or responsible for n oVAT restrictions by any person other than itself. G�(�nzo Section 8. In the event that any of the provisions hereof are declared void by a court of competent jurisdiction by reason of the period of time herein stated for which the same shall be effective, then in that event such term shall be reduced to a period of time which shall not violate the rule against perpetuities or other law of the to of North Carolina, and such provision shall be full fective � uced period of time Section 9 The c (p ohdit= rvatrons and restrictions herein contained may be a� m supplemented or amended in any way by an instrument in writing signedirds (2/3) of the then Lot Owners, provided, however, any such changA�shal apply to all Lots equally or shall be less restrictive than this instrument if it applies to less than all Lots Provided, further, that all property rights reserved to Developer shall continue forever to Developer, its successors and assigns, except as otherwise provided hereiu, and, as provided in Article 111, Section 2, hereof, the obligation for ntenance and r ,rim f the Common Areas may not be eliminated or substantial) �DairedaChfi � � Section 10 Restric tormwaiCWFL8J ations. 4" (a) The following covenants arewaft, l to ensure ongoing compliance with the State of North Carolina Storm Water Management Permit Numbers #SW8 051007 and #SW8 051008, as issued by the Division of Water Quality under 15A NCAC 2H 1000 0 �� � r ♦ F �� ) i � � ' � 1 � � , . I � 1 � •4y i _ ^ t . 'lam ( t 1 • , I I i ON U U"0651.4 Book 2238Page; 1065 (b) The State of North Carolina xsa� ade a beneficiary of these covenants to the extent necessary to maintain compliance with the Storm Water Management rules. (c) These covenants are to run with the land and be binding on all persons and pa s claiming and A` (d) The covenants zm Water may not be altered or rescinded wit xpressUMaWkIM consent of the State of North CarolinAvisica Quality a (e) Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality (f) The maximum b�t upon area (BUA) per ot is as follows (1) Lots 1 - 69 @ Q {2} Lot desigr" 0&WPRW @ 3600 square feet �V (3) Lots 70 - 95 @ 2600 square e�'z These allotted amounts include any built upon area constructed within the property boundaries, and, that portion of the right of way between the front .Lot line and the edge of the pavement Built upon a�°�,� includes, but i t limited to, structures, asphalt, concrete grave �A Zone, coquina and parking -11 areas, but does n �, open wood decking, or the water surface �Q dig o0 FFZC (g) In the case of a lot within e � regulated AEC, if the built - upon area for that lot, as calculated by CAMA, is less that the amount shown in these restrictions, the most restrictive BUA will be the maximum permitted for that lot (h) Filling in or aping any vegetative conveyances (ditches, swales, etc ) associat�ith the dev except for average driveway crossings, is stri9bly nz persons. (]) Each lot wil �30''U stated buffer between all impervious ar and s a � (k) All roof drains shall terminate at least 30' from the mean high water mark of the surface waters (1) All runoff from the built -upon areas on the lot must drain into the permitted syst This may be accom shed through a variety of means including roof n gutters V D in to the street, grading the lot to drain towar ''grading perimeter swales to collect the lot r1 r tin them into a component of the stormwater system V PC � nagl��rain into the system are not required to provide the Q� al measures This paragraph applies only to Lots 1-�69 and the Lo esignated as the Resort ocean Club. �ervr';n�� Lr-UMW � i �t 7 7F A' � � �r_ � r � . h i � .+ � ;. f iC} I 3 L "' I � � _ [ ' i r ( _ � � ' 1 � � . a � 7 � , t r � � � j � ' E� ii �+ . '� N ' � e � s, ' . � � i :. ? C _ _ ..j " u t ' —s i 1 i ' i l 7 i 1 f _ t � � J' -� I � r . 1 � CC, _ e i � � r ' � — j I e 1 .+ � - s v � i s r �i + I r , 1 � � I � r r + + t : � C � f r r i �rl,, �� i� �+, � ; -s - �r�r� umAaftj 306514 Book 229E age: 3066 IN WITNESS WHEREOF, the Developer has executed this Declaration this day of ©rim 2005 ER MANAGER �C �L STATE OF NORTH CAROLINA COUNTY OF 3 i:U� G, :_i' L I, LQJ— ic of the state and county aforesaid, do hereby ce a e , personally appeared before me this �+l—ed' �� he is the MEMBER MANAGER of THE RESORT AT OCEAN ISLE EACH, L 6'�-by authority duly given and as the act of such entity, he signed the Ding instrument in its name on its behalf as its act and deed. Witness my hand and seal, this the A� day of Dot '-w6 !��y ••'0N11•h•p• „M~��� O -Notary UJ g ary Pdb. isA U"ATssianF-expires'� D Co NOT,�R} -A. % m •� so 4.04i .� 0kcou aYugr 0� t��d+�l r5 '! Y�tJ�� � � � 1 r S� � �_ ` ..` `, �` \y � �" w w�+ .— _ _ � t iv r r' � { 1^ �, r TI �� � � �_ e i , v A � �7 � � ._ _ �. �7 _ ' 1 � ` 1 'b �� � y x l i � 5 � � � � i �. 1 � I L. ^' � _ ' . .. 1 — � ° � � i � } � c �. � _ � —- ' -r' .* �, � _ -7� �.� �' c �- ti .' '4 �� l ����., 1�1 kT ., ' � �: � , k 1e 1. Project Name: THE RESORT AT OCEAN ISLE BEACH RECEIVED OCT 2 8 2005 * Lots 1-69 * Lot Designated as Resort Ocean Club BY SK-'To--400-7 DWQ Stormwater Project Number. SW8 051007 2. Project Name: THE RESORT AT OCEAN ISLE BEACH * Lots 70-95 DWQ Stormwater Project Number: SW8 051008 Section 10 Restrictions for Stormwater Regulations (a) The following covenants are intended to ensure ongoing compliance with the State of North Carolina Storm Water Management Permit Numbers #SW8 051007 and #SW8 C51C08, as issued by the Division of Water Quality under 15A 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 Storm Water Management rules (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 Storm Water may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality (e) Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality (f) The maximum built upon area (BUA) per lot is as follows (1) Lots 1 - 69 @ 360C square feet (2) Lot designated as Resort Ocean Club @ 3600 square feet (3) Lots 70 - 95 @ 2600 square feet These allotted amounts include any built upon area constructed within the property boundaries, and, that portion of the right of way between the front lot Line and 1 r 14 the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools (g) In the case of a lot within CAMA's regulated AEC, if the built --upon area for that lot, as calculated by CAMA, is less that the amount shown in these restrictions, the most restrictive BUA will be the maximum permitted for that lot (h) Filling in or piping any vegetative conveyances (ditches, swales, etc ) associated with the development except for average driveway crossings, is strictly prohibited by any persons (D) Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters (k) All roof drains shall terminate at least 30' from the mean high water mark of the surface waters (1) All runoff from the built -upon areas on the lot must drain into the permitted system This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater system Lots that will naturally drain into the system are not required to provide these additional measures This paragraph applies only to Lots 1-69 and the Lot designated as the Resort Ocean Club IN WITNESS WHEREOF// the Developer has executed this Stormwater Deed Restriction this 6f� day of OC_7705 S 2005 THE RESORT AT OCEAN ISLE BEACH, LLC Patrick J Ball ntine Member -Manager 2 STATE OF NORTH CAROLINA COUNTY OF New Hanover I, SM Glasgow , a Notary Public of the state and county aforesaid, do hereby certify that Patrick J. Ballantine , personally appeared before me this day and acknowledged that he is a MEMBER MANAGER of THE RESORT AT OCEAN ISLE BEACH, LLC and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as .its act and deed Witness my hand and seal, this the 25th day of October , 2005 01ARY ary P lic My/ommissicn expires $-27-2008 =� P z '`may UCAY gyOVER `G�J`�� 3 Dote 1 Design NORRIS, KUSKE &TUNSTAL-L 902 Market St Sheet CONSULTING ENGiNFFRES INC Wilmington NC 28401-4733 Of Check Job For Job No 1Cn 1 ] I e5i7.S RECEIVED OCT 2 8 zoos BY 5 u+ a o0 Dale ` Design A NORRIS, KUSKE &TUNSTALL 902 Market St Sheet CONSULTING ENGINEERS INC Wilmington NC 28401-4733 j �t Check Job 5'M"PW41 LIZ6 For (,�CSveT' .fob No 7orvf- = // (P/ (o zv sF oe 2• 1o77 4c. IMAe: vi av-:5 /t, O 95 ,5 F' Pa,9-,A)A rE �4409 "-- 2 Tam 4)v-e6 = Zto� 5ov :Pr ne, o, <aa 6 yet. LnT S a (94rA)t�146 4a2f9 0 3 rbM A = Zo �� �o 9 '�F a2 tD r5 3 : 1000Jo 7nT*t. lrrn-"- 1-5 Co 1$ r— Q%Z 'Zigz..t AcL I m F�� JtQ S /dam c 10ri vcrrr-.A. Tr J! v wr)I-V— I �l 4 -VT�, (2- 5aa 17►'L�r ki AC&L; 16r?lt:F�#Q ro 3,Glf 5 �F laU� 5oal�= A0674C r � w Date Design Check NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS INC Job For 902 Market St Sheet Wilmington N C 28401-4733 Of Job No `D " S A " w 4 -7 - t--' 5 , (_) t /4,Z15-6 11 1 ,4 jQ- Af-- :5 rd-ruS,r4- k Lf (OL)C- 7z) A,; 0 r-f tmro) =- 2v u to 5 F"3 e2 3 (PUC Tv 00 FV -7w-) %) 630 pr3 Z, 60, 641 15w&rL,�, p5l, 15 4- r-T -fir !� r� 3 1 Date Design Check NORRIS, KUSKE&TUNSTALL CONSULTING ENGINEERS INC Jab I For 902 Market St Wilmington N C 28401-4733 -00 Of Job No in v0 r /D e-1.17 7O (e7 -TvTOL) + S r, V--0 rr- X l �vF 7" re Co �T - �`] '` j c o 'r J (112 Lr r o7o r r >c 3,14 F-Ij C F= 7� L� -� emu' '� � � I +� c� FT v 3 i7T afilcl-s-109 #- 6 7;�4-v %C'/ `tJl,,2d 1G 2qQ r 6 T6 'e'arrca` � (VC r7- 2 4 o r=r y 6 ,rr) -- o7 v r T- Fr o�� �-(7 2�o F� x�z�S-� r�7� r�rr �1rr �I PT- C3ate Design NORRIS, KUSKE &TUNSTALL 902 Market St Sheyet CONSULTING ENGINEERS INC Wilmington N C 28401-4733 Of Check Job For Job No S//,5/Js X ®/� rAO-1-11 22f 6 5 ,9r > � i 4�v /�3 4 6 T9-`r 55 ip/ /:,C.� 4- l 4*5 / &l r at = 5 PT FT x �3 r'T' 5-0 lvr Y, 3,1 pP-evJomvro l 'L33 a�a9`� O p.'q t ©, 0 38 q- 7,40 0 , 100 S 0.61 a, C34, STORMWATER SYSTEM NARRATIVE THE RESORT AT OCEAN ISLE BEACH - LOTS 1-69 & RESORT CLUB OCEAN ISLE BEACH, NORTH CAROLINA For The Resort at Ocean Isle Beach, LLC 6606 Beach Drive, SW, Unit E Ocean Isle Beach, NC 28469 in a nk r-7n nnnn October 2005 Prepared by NORRIS, KUSKE, S TUNSTALL CONSULTING ENGINEERS, INC 902 Market Street Wilmington, North Carolina 28401 (910) 343-9653 (910) 343-9604 (Fax) E-mail office@nkteng com NKT Project No 05125 RECGFTVFD OCT 1 7 2005 BY s013 03 rW7 w. NARRATIVE DESCRIPTION The project site is an 11 2 acre tract located in Ocean Isle Beach, North Carolina The soils of the site consist of lightly vegetated, sandy topsoil and grades ranging from 0 5% to 2 0% Approximately 7 acres will be graded to allow construction of a residential subdivision & resort club with paved parking and paved access The runoff from the site is estimated using the rational method 10-year design storm and rainfall data for the area Construction is scheduled to begin as soon as all permits and approvals are obtained STORMWATER MANAGEMENT MEASURES The project site is located in Brunswick County Land disturbing on the site will exceed one acre, which requires the site to comply with the State Regulations The stormwater runoff from the development will be directed to 5 infiltration basins The stormwater basins are designed to accommodate this site at 2 times the first 1 5 inches of runoff due to no overflow and vegetated filter Im f OCT 2 6 2005 BY' 1. Project Name: THE RESORT AT OCEAN ISLE BEACH * Lots 1-69 * Lot Designated as Resort Ocean Club DWQ Stormwater Project Number: SW8 051007 2. Project Name: THE RESORT AT OCEAN ISLE BEACH * Lots 70-95 DWQ Stormwater Project Number: SW8 051008 Section 10 Restrictions for Stormwater Regulations (a) The following covenants are intended to ensure ongoing compliance with the State of North Carolina Storm Water Management Permit Numbers #SW8 051007 and #SW8 051008, as issued by the Division of Water Quality under 15A 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 Storm Water Management rules (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 Storm Water may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality (e) Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality (f) The maximum built upon area (SUA) per lot is as follows (1) Lots 1 - 69 @ 3600 square feet (2) Lot designated as Resort Ocean Club @ 3600 square feet (3) Lots 10 -- 95 @ 2600 square feet These allotted amounts include any built upon area constructed within the property boundaries, and, that portion of the right of way between the front lot line and 1 the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools (g) In the case of a lot within CAMA's regulated AEC, if the built -upon area for that lot, as calculated by CAMA, is less that the amount shown in these restrictions, the most restrictive BUA will be the maximum permitted for that lot (h) Filling in or piping any vegetative conveyances (ditches, swales, etc ) associated with the development except for average driveway crossings, is strictly prohibited by any persons (J) Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters (k) All roof drains shall terminate at least 30' from the mean high water mark of the surface waters (1) All runoff from the built -upon areas on the lot must drain into the permitted system This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater system Lots that will naturally drain into the system are not required to provide these additional measures This paragraph applies only to Lots 1-69 and the Lot designated as the Resort Ocean Club IN WITNESS WHEREOF )J the Developer has executed this Stormwater Deed Restriction this &$W day of 0C-770 ETZ , 2005 THE RESORT AT OCEAN ISLE BEACH, LLC Patrick J Ball tine Member -Manager z STATE OF NORTH CAROLINA COUNTY OF New Hanover I, SM Glasgow a Notary Public of the state and county aforesaid, do hereby certify that Patrick J. Ballantirie , personally appeared before me this day and acknowledged that he is a MEMBER MANAGER of THE RESORT AT OCEAN ISLE BEACH, LLC and that by authority duty given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed Witness my hand and seal, this the 26th day of October , 2005 My ssfon expires 3 NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, INC December 28, 2005 Mr Rob Gordon, Environmental Engineer II NC DENR Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re Stormwater Permit NO SW8 051007 The Resort at Ocean Isle Beach — Lots 1-69 & Resort Club Brunswick County Revised Plan NKT No 05125 Dear Mr Gordon J Phillip Norris, PE John A Kuske, III, PE John S Tunstail, PE J A Kuske, PE of Counsel �EIVED 8 2005 We are enclosing two (2) sets of revised plans showing the new location of the stormwater system for The Resort Club The configuration has not changed Please let us know if you need any additional information Thank you for your assistance with this project Sincerely, NORRIS, KUSKE & TUNSTALL CONSUL ENGINEE , INC J Philli orris, P Nlkbh 05125 12-28-05-revised plan-Itr Enclosure Cc Patrick Ballantine w/ 1 set of plans 902 Market Street • Wilmington, NC 28401-4733 0 Phone 910 343 9653 • Fax 910 343 9604 n State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office (910) 796-7215 Michael F Easley, Governor William G Ross Jr, Secretary FAX COVER SHEET Date: /l h6loj To: %� !�✓, �� CO: FAX #: /$ - REMARKS: # pages (excluding cover) From:� ��✓�d.✓ Division: SWP FAX#: 910-350-2004 127 Cardinal Drive Extension, Wilmington, N C 28405-3845 Rlephone (910) 796-7215 Fox (910) 350-2004 An Equal Opportunity Affirmative Action Employer .I r * * * COMMUNICATION RESULT REPORT ( NOV 16 2005 FILE MODE OPTION ---------------------------- 160 MEMORY TX REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS kGROUP) --------------- 9-7939425 P 1 B 47AM 1 TTI NCDENR WIRO RESULT PAGE ----------------------------- OK P 10/10 E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office (910)796-7215 Michael F. Easley, Governor William G Ross Jr, Secretary FAX COVER SHEET Date: /1%lG,,/��' # pages (excludin cover) To: f �� ,-4 From: ���,-� �.✓ . CO: Division: SNW FAX # FAX#: 910-350-2004 REMARKS: 127 CARlinof Drh a Exton glon, Wilmington, N.0 2840"845 Iblophnne (910) 79&7215 Fax (910) 350•2004 An Equal Opportun"AftlrmativoAction Employer NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, INC November 9, 2005 Mr Robert D Gordon, Environmental Engineer II NC DENR Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re The Resort, Lots 1-69 & Resort Club SW8 051007 Express Permit Comments Brunswick County NKT Project No 05125 Dear Mr Gordon J Phillip Norris, PE John A Kuske, III, PE John S Tunstall, PE J A Kuske, PE of Counsel We are responding to your faxed comments of November 7, 2005 regarding the subject project as follows 1 Additional spot elevations have been added for clarification 2 BMP #4 supplement has been initialed 3 The trench detail has been corrected 4 The overflow elevations for trench #5 has been changed on the plans We are enclosing two (2) sets of revised drawings and one (1) original Page 2 of 4 of the supplement for your continued review and approval Please contact us if you have any further questions or comments Thank you for your assistance on this project Sincerely, NORRIS, KUSKE & TUNSTALL ONSULTING ENGINEERS, C. P orris, t 1 �q JPN/asn 05125 11-09-05-s-sw response-Itr cc Stuart Cooke / The Resort at Ocean Isle Beach, LLC 902 Market Street 9 Wilmington, NC 28401-4733 - Phone 910 343 96S3 - Fax 910 343 9604 c P 1 FILE MODE 951 MEMORY TX * * * COMMUNICATION RESULT REPORT ( NOV 7 2005 OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS GROUP) ------ 9-3439604 2 38PM ) * TTI RESULT -----_----OK - * * NCDENR WIRO PAGE -----P—W1i1 E--2) BUSY E-4) NO FACSIMILE CONNECTION FAX OVER SHEET Date: November 7, 2005 No. of Pages: 1 To: Phil Norris, PE From: Robert Gordon Express permitting se Lion Company: Norris, Kuske & Tunstall FAX # 910-350.2004 FAX #: 343-9604 Phone # 910 196-7303 DWQ Stormwater Project Number: SW8 051007 Project Name: The Resort, lots 1.69 & Resort Club MESSAGE: Sorry it has taken so long to get this to you. The permit has been drafted and reviewed by Linda The items listed below are all that will be required to issue the permit. Let me know if you have any questions Please provide additional spot elevations to better indicate proposed drainage patterns and support delineated drainage area v-2. Please hand initial page 2 of the updated BMP #4 supplement 3. Please correct the trench detail (#1 & 3) The gravel above and below the 48" pipe add to greater than the total proposed trench height (1,5 +4+1 5 7, not 6). V-'4. The storage/overflow elevation on the supplement for trench #5 is different [011,10B # AM: =I=1111 Date November 7, 2005 No of Pages- 1 To Phil Norris, PE From- Robert Gordon Express permitting seition Company: Norris, Kuske & Tunstall FAX # 910-350-2004 FAX #• 343-9604 Phone # 910-796-7303 DWQ Stormwater Project Number- SW8 051007 Project Name: The Resort, lots 1-69 & Resort Club MESSAGE Sorry it has taken so long to get this to you The permit has been drafted and reviewed by Linda The items listed below are all that will be required to issue the,Permit Let me know if you have any questions /l5�a� ✓ 1 Please provide additional spot elevations to better indicate proposed drainage patterns and support delineated drainage area Vr ti Please hand initial page 2 of the updated BMP #4 supplement Please correct the trench detail (#1 & 3) The gravel above and below the 48" pipe add to greater than the total proposed trench height J,1,5 +4 1_5 7, not 6) /W ` �� 0 ' /1 D The storage/overflow elevation on the suppl"enI for trench #5 is different than is�own on the drawings Also, this elevation is not �sho � on tt detail (L ,c C . o����� o r &o �v av r . oo ro. o �g t ��,� ���r � ✓�.�� � ��-� --l�d� �l-orb- 1�0d �� nJ �l D rd eAY. D (kiAL fr l 1048 4. U o b THE RESORT AT OCEAN ISLE BEACH, LLC 6606 Beach Drive, SW, Unit E Ocean Isle Beach, NC 28469 October 26, 2005 Mr Robert D Gordon Environmental Engineer II DWQ 127 Cardinal Drive Extension Wilmington, NC 28405 RE Stormwater Project Nos SW8 051007 & SW8 051008 The Resort at Ocean Isle Beach Brunswick County Dear Mr Gordon Per our telephone conversation of today, attached is the cover page and the signature page of the Operating Agreement for The Resort at Ocean Isle Beach LLC I am a Member -Manager of The Resort at Ocean Isle Beach LLC with the authority to act on its behalf Thank you for allowing these pages and this letter to satisfy your requirements Also, thank you for accepting the "No Public Monies" letter previously submitted to Jim Gregson and Dean Hunkele Sincerely, Patrick J allantme The Resort at Ocean Isle Beach, LLC Enclosure Operating Agreement — Cover page & Signature page OPERATING AGREEMENT OF THE RESORT AT OCEAN ISLE BEACH, LLC (A North Carolina Limited Liability Company) 1215 Counterparts. This Agreement may be Executed in multiple counterparts, each of wluch shall be deemed an original for all purposes and all of wtuch when taken together shall constitute a single counterpart instrument Executed signature pages to any counterpart instrument may be detached and affixed to a single counterpart, which single counterpart with multiple executed signature pages affixed thereto constitutes the onginal counterpart instrument All of these counterpart pages shall be read as though one and they shall have the same force and effect as if all of the parties had executed a srrigle signature page IN WITNESS WHEREOF, the undersigned, being the initial Managers and all of the Members of the Company, have caused this Agr=ui to be duly adopted by the Company as of the 30th day of May, 2005, and do hereby ass urn agree to be bound and to perform all of the terms and provisions set forth in this Agree n (Seal) / ]inh Myras, ilk/ " -� (Seal) Page 19 NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, INC October 26, 2005 Mr Robert D Gordon, Environmental Engineer It NC DENR Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re The Resort at Ocean Isle Beach, Lots 1-69 & Resort Club SW8 051007 Additional Information Brunswick County NKT Project No 05125 Dear Mr Gordon J Phillip Norris, PE John A Kuske, III, PE John S Tunstall, PE J A Kuske, PE of Counsel We are addressing your comments of October 21, 2005 regarding the subject project as follows 1 The deed restrictions have been revised and are enclosed 2 Our client is working to obtain the agreement you requested It will be forwarded to you as soon as we receive it 3 The items noted in the application have been addressed as noted 4 Additional spot elevations have been added to show basic drainage patterns 5 Elevations have been added to the trench system details System #4 has been changed New calculations are enclosed 6 The sidewalk has been added and dimensioned on the road cross-section 7 The resort club site plan has been more completely dimensioned We are enclosing two (2) sets of revised plans, two (2) sets of the revised calculations, the revised application pages, and one (1) copy of the deed restrictions for your continued review and approval Please contact us if you have any further questions or comments Thank you for your assistance on this project Sincerely, NORRIS, KUSKE & TUNSTALL ONSULTING ENGINEERS, INC. Awl WIN- J hillip Norris, P E JPNlasn 05125 10-26-05-s-sw response-itr COCT __ • �� cc Stuart Cooke / The Resort at Ocean Isle Beach, LLC 2 �� Patrick Ballantine 902 Market Street - Wilmington, NC 28401-4733 - Phone 910 343 9653 - Fax 910 343 9604 -05 12-23P Patrick & Lisa Ballantine 9]O 793 9425 P O 1 THE RESORT AT OCEAN ISLE BEACH, LLC 6606 Beach Drive, SW, Unit E Ocean Isle Beach, NC 28469 Septgmber 29, 2005 Mr Jim Gregson NC Division of Coastal Management 127 Cardinal Drive Extension Ocean Isle BLach, NC 28469 RE * CAMA Major Permit * The Resort at Ocean Isle Beach I.LC (Applicant) * The Resort at Ocean Isle Beach a proposed subdivision * No Public Expenditures for roads or utilities Dear Mc Gregson RECEIVED OCT 2B 200 As required by the North Carolina Division of Coastal Management (CAMA) please allow this letter to attest that the applicant, Frie Resort at Ocean isle Beach LLC shall not use public expenditures for road or utility construction andlor installation within the 420 Ocean Hazard AEC Further, the Master Declaration of the Property Owners Association " ill declare that the POA shall be responsible for the perpetual maintenance and repair of said roads and utilities and that no public monies �4ill be utilized therefor If you have any questions or comments, please do not hesitate to contact me at 910-579-2800 Thank you Patrick J Ballantine Member/'Manager The Resort at Occan Isle Beach, LLC P 1 COMMUNICATION RESULT REPORT ( OCT 21 2005 3 49PM ) TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE ------__---__--------------------------------------------------------.._----------------------------- 637 MEMORY TX 93439604 OK P 4/4 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER E-2) BUSY E-4) NO FACSIMILE CONNECTION FAX COVER SHEET Date: October 21, 2005 No. of Pages: 4 To; Phil Norris, PE From: Robert Gordon Express permitting section Company: Norris, Kuske & Tunstall FAX # 910.350 2004 FAX #: 910443-9604 Phone # 910.796.7303 DWQ Stormwater Project Number: SW8 051007 Project Name: The Resort at Ocean Isle Beach, rots 1.69 & Resort Club MESSAGE: Attached is the request for additional Information for the high -density portion of The Resort The original will be mailed to the applicant and a copy will also be mailed to you. Give me a call if there are any questions, Thanks FAX COVER SHEET Date October 21, 2005 No. of Pages 4 To: Phil Norris, PE From: Robert Gordon Express permitting section Company- Norris, Kuske & Tunstall FAX # 910-350-2004 FAX #. 910-343-9604 Phone # 910-796-7303 DWO Stormwater Project Number, SW8 051007 Project Name: The Resort at Ocean Isle Beach, Lots 1-69 & Resort Club MESSAGE: Attached is the request for additional information for the high -density portion of The Resort The original will be mailed to the applicant and a copy will also be mailed to you Give me a call if there are any questions Thanks �QF W ATF9 Michael F Easley, Governor �O G William G Ross, Jr, Secretary North Carolina Department of Environment and Natural Resources Alan W Klimek, P E Director Division of Water Quality October 21, 2005 Mr Stuart F Cooke, Member/Manager The Resort at Ocean Isle Beach, LLC 6606 Beach Drive, SW, Unit E Ocean Isle Beach, NC 28469 Subject Request for Additional Information Stormwater Project No SW8 051007 The Resort at Ocean Isle Beach, Lots 1- 69 & Resort Club Brunswick County Dear Mr Cooke The Wilmington Regional Office received a Stormwater Management Permit Application for The Resort at Ocean Isle Beach, Lots 1- 69 & Resort Club on October 17, 2005 A preliminary review of that information has determined that the application is not complete The following information is needed to continue the stormwater review => Please note the comments below are for the high -density portion only The low -density portion is being considered as a separate project and was reviewed separately 0 The proposed deed restrictions submitted were for a low -density curb outlet system A curb outlet system is not proposed Please use the correct high -density deed restriction language A sample is attached Also, the deed restrictions must be signed, dated and notarized by the applicant 2 Because the proposed infiltration systems are located in a proposed (or existing) right of way, an agreement must be signed, dated and notarized by both parties (the applicant and the entity who the right of way will be dedicated to) This agreement must address maintenance of the system and what each party can and cannot do inside the right of way (as it pertains to the infiltration systems) Because the language for this type of agreement has not been discussed, it is recommended that a sample agreement be submitted to our office for review (prior to signatures) If a meeting is necessary to discuss what will be required in this agreement, please contact our office 3 Please address the following items on the application a On section 1111 (6), the'pr jest has 5 drainage areas, not 1 b On the supplement design storm is 3 inches, not 1 5 (in lieu of a vegetated filter) c The storage/overflow elevation cannot be above the proposed CB rim elevation for each system Please correct Note this will likely have an effect on the ibottom elevation as well (i 4 Please provide some basic contours or spot elevations for the project (enough to show basic drainage patterns) North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796 7215 Customer 5ervicel 877.623 6748 Wilmington Regional Office Wilmington NC 28405 3845 FAX (910) 350 2004 Internet h2o enr state nc us One NorthCaro/h/na An Equal OpportunitylAftirmative Action Employer — 50% Recycledll0% Post Consumer Paper Naturally The Resort at Ocean Isle Beach, Lots 1-69 & Resort Club October 21, 2005 Stormwater Permit # SW8 051007 5 Please add elevations to the trench system details 6 Please show (and dimension) the sielewalk on the road cross-section 7 Please show more detailed dimensions of the impervious area on the resort club amenity area Please note that this request for additional information is in response to a preliminary review The requested information should be received by this Office prior to November 3, or the application will be returned as incomplete The return of a protect will necessitate resubmittal 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 this letter The request must indicate the date by which you expect to submit the required information 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) 796-7303 Sincerely, )zo_ v a��_L_ Robert D Gordon Environmental Engineer II ENB/RDG S1WQSISTORMWATERIADDINFO120051051007Oct21 cc Phil Norris, PE, Norris, Kuske & Tunstall Robert D Gordon INFORMATION PERTAINING TO DEED RESTRICTIONS AND PROTECTIVE COVENANTS In accordance with Title 15 NCAC 2H 1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility The following deed restrictions and covenants must be recorded prior to the sale of any lot The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number , as issued by the Division of Water Quality under NCAC 2H 1000 2 The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit 3 These covenants are to run with the land and be binding on all persons and parties claiming under them 4 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 5 Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality 6 The maximum allowable built -upon area per lot is square feet This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools 7 All runoff from the built -upon areas on the lot must drain into the permitted system This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater system Lots that will naturally drain into the system are not required to provide these additional measures NORRIS, KUSKE &TUNSTALL CONSULTING ENGINEERS, INC October 17, 2005 4D Mr Cameron Weaver, Express Review Coordinator NC DENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 P21Qv key Re State Stormwater Permit Express Review Submittal The Resort at Ocean Isle Beach — Lots 1-69 & Resort Club Ocean Isle Beach, NC NKT Project No 05125 Dear Mr Weaver J Phillip Norris, PE John A Kuske, III, PE John S Tunstall, PE j A Kuske, PE of Counsel Enclosed are two (2) sets of plans for the subject project, one (1) drainage area basin delineation plan, one (1) set of calculations, one (1) copy of the stormwater narrative, one (1) copy of the soils 1 infiltration system report, one (1) copy of the Articles of Organization, one (1) copy of the Deed Restrictions, the original Division of Water Quality Stormwater Management Permit application, the original SWU-107 supplement forms for Drainage Areas 1-5, and a $4,800 00 check ($4,000 00 is for the stormwater express permit review fee and $800 00 is for the erosion control express permit review fee which is scheduled for October 26, 2005) Please review this information for approval and contact us with any questions or comments you may have Thank you for your assistance on this project Sincerely, NORRIS, KUSKE, & TUNSTALL CONSULTING ENGINEERS, INC. J hillip Norris, P E OCT 17 2005 JPNlasn Sv g D5 i DOT-1 05125 10-17-05-s-sw express-ftr Enclosures cc Stuart Cooke 1 The Resort at Ocean Isle Beach, LLC Patrick Ballantine Jim Myers 902 Market Street - Wilmington, NC 28401-4733 - Phone 910 343 9653 9 Fax 910 343 9604 September 28, 2005 Norris Kuske & Tunstall Consulting Engineers 902 Market Street Wilmington, North Carolina 28401 Attention Mr Phil Norris, P E Reference Double Ring Infiltrometer Testing The Resort at Ocean Isle Ocean Isle Beach, North Carolina Job No 1063-05-458 Dear Mr Norris W IN RECEIVED OCT 0 3 2005 In accordance with S&ME Proposal 915-05 dated August 12, 2005 S&ME personnel have recently conducted two double -ring infiltrometer tests of the surlicial sods at the subject site at the approximate locations shown in Figure 1 Specifically, our representatives performed the following work items on August 23 and September 7, 2005 Advanced four hand-augered borings across the site in order to visually classify the in -place soils The hue and chroma of the recovered soil samples were compared to a Munsell Soil Color Chart 2 Conducted two double -ring Infiltrometer tests at depths ranging from 12 to 14 inches below the existing ground surface This testing was conducted in general accordance with American Society for Testing and Materials (ASTM) procedure D-3385 entitled, "Infiltration Rate of Sods in Field Using Double - Ring Infiltrometer" Based on our field classifications of the excavated soils at the hand-augered boring locations, the in - place soils consist of slightly silty sands which extended to the maximum completed boring depth of 96 inches below the existing ground surface Water was encountered in the borehole at location 3 at a depth of 84 inches below the existing ground surface No water was encountered in the boreholes at the other three locations The site water level will fluctuate with climatic and seasonal conditions, however, and may be higher or lower at other times of the year s&ME, Inc (910) 7999945 6409 Amsterdam Way, Building B-3 1910) 7999958 fax Wilmington, North Carolina 28405 www.smernc.com Norris Kuske & 7'tinstall Consulting Engineers S&ME Job Number 1063-05-458 September 28, 2005 Page Two The average infiltration rate at test location 2 was approximately 24 2 inches per hour At test location 3, the average infiltration rate was approximately 214 inches per hour A summary of the field test results is presented in Tables 1, 2, and 3 S&ME appreciates the opportunity to provide our services during this phase of the project Should you have any questions after reviewing this letter, or if we can be of additional assistance, please do not hesitate to contact us at your convenience Sincerely, S&ME, INC. Philip M Byrd Geotechnical Department Manager Randy Martin, P E Branch Manager PMB RGM/jns Attachments TABLE 1 Hand Auger Borings Munsell Soil Descriptions The Resort at Ocean Isle Beach Job Number 1063-05-458 Soil Series* Newhan Reported Depth to High Water Table* Greater than 6 0 Feet *As interpreted from the "Soil Survey of Brunswick County" prepared by the United States Department of Agriculture Soil Conservation Service Depth Location (Inches) Hue Value/Chroma Soil Description 1 0-18 2 5 Y 6/4 Light yellowish brown fine to medium SAND - trace of silt 18-24 2 5 Y 5/4 Light olive brown fine to medium SAND - trace of clay 24-96 2 5 Y 6/3 Light yellowish brown fine to medium SAND - trace of silt No water was encountered to depth investigated 2 0-3 2 5 Y 5/6 Light olive brown fine to medium SAND - trace of silt 3-8 10 YR 416 Dark yellowish brown fine to medium SAND - some clay 8-60 2 5 Y 6/3 Light yellowish brown fine to medium SAND - trace of silt 60-96 2 5 Y 1 511 Gray fine to medium SAND - trace of silt No water was encountered to depth investigated Moist at 96 inches 3 0-18 2 5 Y 514 Light olive brown fine to medium SAND - trace of silt 18-85 2 5 Y 614 Light yellowish brown fine to medium SAND - trace of silt Water was encountered at a depth of 84" below the existing ground surface 4 0-96 2 5 Y 6/3 Light yellowish brown fine to medium SAND - trace of silt No water was encountered to depth investigated TABLE 2 Double Ring Infiltrometer Testing The Resort at Ocean Isle Beach Ocean Isle Beach, North Caiolina Job No 1063-05-458 Location 2 Date of Test September 7, 2005 Depth of Test Below Site Grade 12 inches Depth of Water in Rings 3 inches Inner Diameter of Inner Ring 11'/a inches Inner Diameter of Outer Ring 22'/z inches Depth to Water No water encountered Average Infiltration Rate 24 2 inches per hour Soil Series* Newhan Reported Depth to High Water Table* Greater than 6 feet SOIL PROFILE Depth Inches Hue Value/Chroma Soil_ Description 0-3 2 5 Y 5/6 Light olive brown fine to medium SAND - trace of silt 3-8 10 YR 4/6 Dark yellowish brown fine to medium SAND - some clay 8-60 2 5 Y 6/3 Light yellowish brown fine to medium SAND - trace of silt 60-96 2 5 Y 5/1 Gray fine to medium SAND - trace of silt *As interpreted from the "Soil Survey of Brunswick County prepared by the United States Department of Agriculture Soil Conservation Service" TABLE 3 Double Ring Infiltrometer Testing The Resort at Ocean Isle Beach Ocean Isle Beach, North Carolina Job No 1063-05-458 Location 3 Date of Test September 7, 2005 Depth of Test Below Site Grade 14 inches Depth of Water in Rings 3 inches Inner Diameter of Inner Ring 1 13/a inches Inner Diameter of Outer Ring 22% inches Depth to Water 84 inches Average Infiltration Rate 21 4 inches per hour Soil Series* Newhan Reported Depth to High Water Table* Greater than 6 feet SOIL PROFILE Depth (Inches) Hue Value/Chroma Soil Description 0-18 2 5 Y 5/4 Light olive brown fine to medium SAND - trace of silt 18-85 2 5 Y 6/4 Light yellowish brown fine to medium SAND - trace of silt *As interpreted from the "Soil Survey of Brunswick County prepared by the United States Department of Agriculture Soil Conservation Service" � r � "� ra J&/ J&Z 1/& !g I /'I 14 '' I''' i r Ma s5 ® 1Ul 1! ley1/.([ 1(((! v /® / / lrr rr r~r- • r +I`�Cr•(, rr /ri4�'l�ir r. r 1 1 1 �, P� •o: \ � ® / r ! r r �r r r rrr rr �r� ter.' -r .r r - rrr r .r ' 1 � ® /rr r f��r Or'fN �P RGSfr�!f�r�r�/ rrr ri ri Sri r' %r i r ' 1 i r i rr, ��rrl i �7/// i r•/ J rr rr rir � 1 12 I 1 rr r ri rr i -i -i irri �r r' 1 r --------------- �___ �1j_--_ �___ I r 'rr �r rrr -J'r-r iri rrri � ' 1 1 25 I u �.cm -� ll ®fl ! ® �--� 4 z y�' I I® Iwr1® i i ' j+L�lll 1 � i +__________ C e MCnr Pg N 1 O 1 ]"eLe FE�_ "-- ------ Crouse 5vbdnnslon ' ao .31 O!I � 1 b Map CaZ Ma 147 _ I i $lock If 4 5 Map k 3 Ion f C I age !79 1 9 e5 e ,may urn rt z - - 1 2r _ yCGA rner 'rrr ' =G 9�bn.v� Tee r ' ' - rr'7 Inen - f! 39 2 p - ".57.59GT G92 dl 45 O r�i� -2 �50910 1 m n f-21Ge 12655Tp wn e] /y ! !s ' /C - = 1 i : 7 Beach VIIG} Crouse SdIN]lan O 2 N4�C Cando Book MaR Cab Z P9 147 1 rrrr7:Sr I Page 65 S7 �-, ; ' r �-�-�-C� • na, me rd V r ; vegee.ro„ k Pm�.e I.q., rasem„... r•'u.ara ny roan of om nt lkas LEGEND • Approximate Location of Hand-Augered Borings ® Approximate Location of Double -Ring Infiltrometer Testing !/ ` !2 i !,3• I !9 I /5�I� /6 I !7 I !8 119 I 2p !p ; y ! B i 7 f 5 1 $ ; q .3 I I 1 I I t I s 0d.11 W ILamsor. OB 1 15 ^age 178 Note Site plan drawing provided to S&ME by Norris Kuske Tunstall Consulting Engineers personnel SCALE NOT TO SCALE DOUBLE -RING INFILTROMETER TESTING FIGURE CHECKED BY RGM THE RESORT AT OCEAN ISLE BEACH NUMBER OCEAN ISLE BEACH, NORTH CAROLINA DRAWN BY JNS 1 ENGINEERING • TESTING DATE 9-9-05 ENVIRONMENTAL SERVICES JOB NUMBER 1063-05-458 08,'04,'2005 12 04 9104520060 b, LANVMANA6LMENI �pb NCDENR 1 North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington NC 28405 (910) 395-3900 FAA {810) 350-2004 Request for Express Permit Review FILL-IN all Information below and CHECK required Permit(s). FAX or email to Cameron Weaver(n-ricmail net along with a narrative and vicih& me of the project location Projects must be submitted by 9.00 A.M of the review date, unless prior arrangements are made. Ais-0 It )_U APPLICANT Name 4n i Company Coo R§.ry _ Address / �yf�r _City/StateaR �.+r+s± A) Zip 2 L'/o!R ,c _ County x - Phone9io-6,(6-3ySo Fax Sic -z--9xr2-- Ema'h PROJECT Name THr_ ,e&roQT PROJECT SYSTEM(S) TRIBUTARY TO _(STREAM NAME) _ -V"" erg - RIVER BASIN ENGINEER/CONSULTANT Company�� rr�vr�sc,rrGl�u,P�ri'-c Address To- Bic .Z , A City/State A.)f&m1virrmAd NG Zip,;8'y! County A"wcR Phone_ 9rQ-y.<z.-rax r Fax We - iW -42CO60_ _ Email Sr10 RRrso,v� 4n�G/t�, �P a✓s r- State or National Environmental Policy Act (SEPA, NEPA) - EA or EIS Required ❑ Yes DNo ❑ STREAM ORIGIN Determination; # of stream calls, Stream Name 2`SSTORMWATER ❑ Low Density .�.. -� ❑ High Density -Detention Pond ❑ High Density -Other Wetlands MUST be addressed t glow ❑ Low Density -Curb & Gutter FHigh Density -Infiltration ❑ Off Site Li COASTAL ❑ Excavation & Fill r ❑ Bridges & Culverts [ Itructures Information �- MANAGEMENT [ Upland Development ❑ Manna Development ❑ Urban Waterfront ❑ LAND QUALITY ❑ Erosion and Sedimentation Control Plan with /y Y acres to be disturbed WETLANDS (401) Wetlands on Property 2 Yes ❑ No Isolated Wetlands on Property [I yes [DI�o Check all that gpply Wetlands Will Be Impacted ❑ Yes P'No Weiland Impacts o Acm(s) Wetlands Delineation has been completed 2Yes [] No ❑ Buffers Impacted o Acre(s) USACOE Approval of Delineation completed ❑ Yes Q No 404 Application in process w1USACOE ❑Yes [2No 1 Permit received from USACE ❑Yes EKO 401 Application required []Yes M No If Yes, ❑ Regular ❑ Express Additional fees, not to exceed 50% of the original Express Review permit application fee, may be charged for subsequent reviews due to the insufficiency of the permit applications. SUBMITTAL DATES SW CAMA LOS 401 For DENR use only � i AL Fee Split for multiple permits V $ letr 5 $ $ Total Fee Amount S Vb� U4I ZU130 1 L U4 �Jl U4nZUUbU LkNL)IVItANkUt.IVIG#Y I Project Narrative The Resort Ocean bale Beach Stuart Cooke The property is generally located between Troy Street and the Summer Place subdivision and extends from the Atlantic Ocean to Eastern Channel First Street and Third Street are paved and currently provide access to the property The coastal wetland along Eastern Channel represents the extent of 404 wetlands on the property The property includes a lot with an existing house on the oceanfront The remainder of the property is currently undeveloped The proposed project will include 95 single-family lots and the construction of infrastructure including roads and utilities A community crabbing dock with no designated boat slips will be constructed extending to Eastern Channel from a pedestrian easement No non -water dependent uses are planned within the 30-foot buffer and no fill or excavation is planned within the wetland or waters The existing house will be removed and a community beach club will be constructed on the oceanfront lot The beach club will feature a swimming pool with associated decking, a beach access boardwalk, bathrooms and indoor space suitable for community meetings and social evcnts bbiU4'1LI0Ja 1L 134 biU4Z)ZUUbU L"MAYIRN04UtIyILNI , Top'pzonc - The Web's 1 opograptnc Map r-Hht lob/ b G,v,�'d�'�2RX11Y�odoft We Ji 1 1 I ` ' ' - -' •���1 (• ' 'k P ...••• � ems' .�.fr,_.�,• '; .. — •mow ` fill 1.7 f PL 21' 30" '3fi7 SCALE 1:24 ON 5 O K(LONETERS iAMRS - -- - - -- — MILES am eao0 moo 0 03 06 0.9 12 15km G 0 0 2 0 d 0 6 0 8 1 Ni Map center is 33 88690N, 78 4451OW (WGS84/NAD83) Shallotte quadrangle M--8 534 Projection Is UTM Zone 17 NAD83 Datum G=1 425 http Hwww topozone com/pnnt asp9z--17&n=3752558 99953718&e=736279 0001002&s=5 8/4/2005 i 08/e4/2005 12 04 9104520060 LANDMANAGEMENT PAGE 01/07 1. LAND MANAGEMENT GROUP, INC. Environmental Consultants Po4t Office Box 2522 Wilmington, N.C. 28402 PHONE No. 910/452-0001 FAX No. 910/452/0060 Robert L. Moul Suite 14 Larry F. Baldwin Downey Branch Office Park W Stephen Morrison 3805 Wrightsville Avenue G. Craig Turner Wilmington, N.C. 28403 PLEASE DELIVER THE FOLLOWING DOCUMENT(S) TO: Cameron Weaver ;�?rcKC3wyyJT�.� PNIL. %J RLS THIS TRANSMITTAL IS FROM: Steve Morrison NUMBER OF PAGES: 7 DATE: 8/4105 (INCLUDING THIS COVER) I have attached the completed request forms for express permit review for The Peninsula and The Resort at Ocean Isle Beach Location maps and project narratives are also included Please proceed with scheduling a pre -application meeting The best days for me include 8/8 all day, 8/9 afternoon, 8/10 afternoon, 8/1 l all day and 8/12 before 10 00 I'll be gone the following week If these dates don t work, Laura Stasavich may still be able to attend Let me know of a proposed date and rime as soon as you can Thank you for your assistance NKT Project No 05125 INFILTRATION SITE VISIT REQUEST Name of the Project The Resort at Ocean Isle Beach Location (attach a clear vicinity map) Shelby Street, Ocean Isle Beach Street address, SR number, community, etc Directions from the nearest major intersection From US 17 & NC 904 take NC 904 to Ocean Isle Beach Follow NC 904 onto island to First Street Turn right onto First Street Site is on right between Troy Street and Sea Turtle Path Owner/Applicant Name The Resort at Ocean Isle Beach, LLC Consultant Name Phil Norris, P E 1 Norris, Kuske & Tunstall.Consulting Engineers, Inc Consultant Contact Information 910-343-9653 (P) 910-343-9604 (F) pnorris a(-.nkteng com Phone, fax email etc Existing ground elev @basinitrench= Bottom Elev of infiltration basinitrench= Existing ground minus bottom elev = Add 2' (max bottom elevation)= Date/Time of Soils Investigation Summary/Comments -� 46 izh Y #1 #2 #3 #4 #5 #6 #7 #8 //%3o VA rll> /*.,/d to n d h S / All proposed Infiltration areas and existing, active utility lines located within the proposed basin/trench must be marked and flagged If these areas are not flagged, the Soils Scientist reserves the right to decline to do the investigation If the proposed infiltration system will be located in an area of existing pavement and there is no open area nearby, equipment capable of breaking through the impervious layer must be provided The soils investigation does not take the place of a soils report prepared by an appropriate professional The Soils Scientist will only verify the soil conditions that are reported in the Soils Report, and make a determination as to the suitability of the site to meet the infiltration design requirements under NCAC 2H 1000, and assumes no liability should the system fail