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HomeMy WebLinkAboutSW8000905_HISTORICAL FILE_20100701STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑ CURRENT PERMIT [:]'APPROVED PLANS HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE- I ��]/O�7D! YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 1, 2010 Ms. Betty Bullock, President Sunset Cove Development, Inc. P. 0. Box 1685 Jacksonville, NC 28540 Subject: PERMIT RENEWAL REQUEST Stormwater Permit No. SW8 000905 Harbor Pointe Pender County Dear Ms. Bullock: The Division of Water Quality issued a. Coastal Stormwater Management Permit, Number SW8 000905 to Harbor Pointe for a High Density project on June 13, 2001. This permit expires on June 13, 2011. Per 15A NCAC 2H.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. If this is still an active project please complete and submit the enclosed renewal application prior to December 13, 2010. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible,for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted stormwater treatment system, a certification of completion be submitted to the Division from an appropriate designer for the type of system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact David Cox at 910-796-7318. Sincerely, Georgette S.6t, Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures GDSldwc S:IWQSIStormwater\RenewallRequests120011000905.jul10 cc: Wilmington Regional Office File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One ff Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 N O rth C ar0 i 1 Il ii Internet: www.ncwaterquality.org ;VatllrmltJ An kqual Opportunity 1 l4111rrnalive Action Employer TRANSACTION REPORT P,41 APR--29-2005 FRi 03:09 PM FOR: DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP �c APR-29 03:02 PM 919198542932 6'52" 15 SEND L K 229 TOTAL 6M 52S PAGES: 15 Slate of North Carolina Department of Environment and Natural Resources Wilmington Regional Office (910) 395-3900 Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: # pages (excludi g cover) f 4- To: r7S 2 QWS i From: � �2 L ecv-T ' CO: Division: FAX #: 7,9 FAX#: 910-350-2004 REMARKS: _ CGyJU Df 600y05 - - Ufa-i& -ro;4 le 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3945 Telephone (910) 395-3900 Fax (910)350-2004 An Equal Opportunity Affirmative Action Employer rV State of North Carolina + Department of Environment and Natural Resources Wilmington Regional Office (910) 395-3900 Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date: 4-ZQ`05 # pages (excludi g cover) To: Ch ri 2 f ewsk i From: t. ', L (z S CO: Division: FAX #: 6,54- Z9 3 FAX#: 910-350-2004 REMARKS: of 6C0 l05 127 Cardinal Drive Extension, Wilmington. N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity ,Affirmative Action Employer State Stormwater Management Systems Permit No. SW8 000905 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Permit Number: Location: gnplicant: Mailing Address: Application Date: Name of Receiving Stream / Index 4: Classification of Water Body: If Class SA, chloride sampling results Design Storm, inches: Project Area, acres: Total Impervious Surfaces, ft2: 33,967 11 lots at: Lot 1 = 1,462 ft2 Lot 2 = 1,515 ft2 Lot 3 = 1,451 ft2 Roads, flz: 13,098 Parking, ft2: 9,957 Offsite Area entering Pond, ftz: Controlling Orifice: Seasonal High Water Table: Type of Soil: Expected Infiltration Rate: Harbor Pointe SW8 000905 Pender County Ms. Betty Bullock, President Sunset Cove Development, Inc. PO Box 1685 Jacksonville. NC 28540 .tune 1, 2001 Topsail Sound I ICWW 118-97-10 "SA" n/a 1.5 2.14 Lot 4 = 1,528 ft2 Lot s = 1,810 ft2 Lot 6 = 1,809 ft2 Lot 7 = 1,914 ft2 Lot 8 = 2,509 ft2 Lot 9A = 2,173 ft2 Lot 9B = 2,312 ft2 Lot 9C = 2,387 ft2 none, per Engineer 4"i� overflow pipe to vegetated filter (standard for all systems) 0.90 .. Sand/Clay/Debris Mix, trenches will be filled with select materials, i.e. clean sand 0.52" per hour 3 State Stormwater Management Systems' Permit No, SW8 00090�5 DIVISION OF WATER QUALITY PRO3ECT DATA SHEET 17 Underground Infiltration Trench Systems 1A 113 2A 213 3A 3B 4A 4B 5 5/6 Required Storay,,e Volume, ft}: 43 82 43 82 57 57 57 57 60 1,168 Provided'Storage Volume, fi3: 46 88 46 88 60 60 60 60 64 1.236 Overflow Elevation, FMSL: 6.4 6.4 6A 6.2 5.9 5.9 5.9 5.9 5,2 5.0 Bottom of Trench Elevation, FMSL: 2.90 2.90 2.90 2.90 2.90 2.90 2.90 - 2.90 2.90 2.90 Seasonal High Water Table, FMSL: 0.90 090 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Time to Draw Down, hrs: 38.4 38.4 36.1 36.1 32.8 32.8 32.9 32.9 252 23.0 Drainage Area, ft': 366 694 366 694 476 476 476 476 504 ] 1,376 Total Impervious Surfaces, ft2: 366 694 366 694 476 476 476 476 504 M51 .6 7A 7B 8 8/9A 9A/9B 913/9C Required Storage Volume, ft}: 60 60 60 60 930 472 755 Provided Storage Volume, ft;: 64 64 64 64 972 480 775 Overflow Elevation, FMSL: 5.7 5.3 5.3 5.0 4.6 4.4 3.8 Bottom of Trench Elevation. FMSL: 290 2.90 2.90 2.90 2.90 2.90 2.90 Seasonal High Water Table, FMSL: 0.90 0.90 0.90 0.90 0.90 , 0.90 0.90 Time to Draw Down, hrs: 30.7 26.3 26.3' 22.9 18.7 16.5 9.9 Drainage Area, ftz: 504 504 504 504 10,375 6,88$ 9,669 Total Impervious Surfaces, ft2: 504 504 504 504 7,691 3,811 6,170 N State Stormwater Management Systems Permit No. S\V8 000905 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 pail 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. If an Architectural Review Committee (ARC) is required to review plans for compliance with the BUA limit, the plans reviewed must include sidewalks and driveways. Any approvals given by the ARC do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The following items will 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. e. Further subdivision, acquisition, or sale of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval 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 it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 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 Certif cation. 10. Decorative spray fountains will not be allowed in the stormwater treatment system. 11. 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. State Storinwater Management Systems. Permit No. SW8 000905 12. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the NorthCarolina Erosion and Sediment Control Planning and Design Manual. 13. Prior to transfer of the permit, the pond must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 14. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (ever), 6 months). b. Sediment removal. c. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. C. 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. g. Access to the outlet structure must be available at all times. h. The vegetated filter shall be kept free of erosion. The spreader mechanism shall be kept free of sediment and trash, and shall evenly distribute the runoff across the width of the filter. 15. 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. 16. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section 1, Part 2. The recorded statements must follow the fon-n: a. "The maximum built -upon area per lot is: Lot 1 = 1,462 ft2; Lot 2 = 1,515 ft?; Lot 3 = 1,451 ft2; Lot 4 = 1,528 ft2; Lot 5 = 1,810 ft2; Lot 6 = 1,809 ft2; Lot 7 = I,914 ft2; Lot 8 = 2,508 ft2; Lot 9A = 2,173 ft-; Lot 9B = 2,312 ft2; and Lot 9C = 2,387 W. This allotted amount includes.any built -upon area constructed within the lotproperty boundaries, and that portion ofthe 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." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." "Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State." d. "Lots within CAMA's Area of Environmental Concern may be subiect to a reduction in their allowable built -upon area due to CAMA regulations." "AIl runoff on the lot must drain into the permitted systems. 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 naturally drain into the system are not required to provide these measures." 6 State Stormwater Managcment Systems Permit No, SW8 000905 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must bear the signature of the Permittee, the. deed book number and page, and stamplsignature of the Register of Deeds. 18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 19. 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. 111. GENERAL CONDITIONS I . 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 "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case of engineered systems, will also be required. The prgject must be in good standing with D WQ. The approval of this request will be considered on its merits and may or may not be approved. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division i ff Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-21 5.hC. 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. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division. such as the construction of additional or replacement stormwater management systems. 5. The 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. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 7. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this -the 13th day of June, 2001. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION may, Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SWS 000905 7 JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING -LAND PLANNING - MAPPING CIVIL ENGINEERING P.O. Box 1685 409.1ohnson Blvd, Jacksonville, NC 28541 Office: (910) 346-9800 Fax No.: (910) 346-1210 E-Mail: jpierece@onslowonline.net TO Ms. Linda Lewis N.C. Department of Environment and Natural Reseur-ees 127 North Cardinal. Drive Wilmington, NC 28405 WE ARE SENDING YOU [] DRAWINGS ❑ COPY OF LETTER ❑ AlTACHED ❑ PRINTS CHANGE ORDER tIQLf, C12 2003 II Li letter of transmittal DATE IOR NO. December 18, 2003 A TEN'n ON Ms. Linda Lewis RE., Harbor Pointe ❑ UNDER SEPARATE COVER VIA THE: FOLLOWING ITEMS: ❑ PLANS ❑ SAMPLES ❑ SPECIFICATIONS COPIES DATE NUMBER DESCRIPTION 1 copV of recorded "Amendment to Declaration of Covemant Conditions and Restrictions for Harbor Pointe 1'HEES1_ ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ Approved as submitted E❑ Approved as holed ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ For review and comment ❑ For bids due REMARKS —Should you have any questions, lease give us a calla JWYLaj " ags�l STATE OF NORTH CAROLINA COUNTY OF PENDER BK228O308 `�#.E 18 A 19lQ 08 TER OF DEED; AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS ENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this 12_, day of 2003, by and among the undersigned, being the record owners of all the lots in the subdivision known as "Harbor Pointe", situated in Topsail Township, Pender County, North Carolina and more particularly described on a map prepared by John L. Pierce & Associates, P.A., dated April 5, 2000, and recorded in Map Book 33, Page 39, Slide 447, in the Pender County Registry (the "Subdivision"). Said map being incorporated by reference as if fully set forth and referred to for the purpose of furnishing a more complete and accurate description of the property which is subject to this amendment. WITNESSETH: WHEREAS, Sunset Cove Development, Inc., a North Carolina corporation, did execute a document entitled, "Declaration of Covenants, Conditions and Restrictions" dated April 19, 2000 and recorded in the Pender County Registry on April 20, 2000 in Book 1575, Page 333, (the "Declaration") subjecting the real property described therein to certain covenants, conditions and restrictions; and WHEREAS, the State Stormwater Management Permit No. SW8 000905 issued by the North Carolina Environmental Management Commission, Division of Water Quality on June 13, 2001, (the "Stormwater Permit") required certain restrictions be placed upon the lots in the subdivision; and WHEREAS, in order to be in compliance with the requirements of the Stormwater Permit it is necessary to amend the Declaration to include the restrictions required by the Stormwater Permit. NOW, THEREFORE, the parties hereto, being the record owners of all of the lots in the Subdivision, hereby declare that the Declaration of Covenants, Conditions and Restrictions recorded in Book 1575, Page 333, Pender County Registry, be and are hereby amended by adding the following new ARTICLE IX: ARTICLE IX. STORMWATER MANAGEMENT. (A) The maximum built -upon area per lot is as follows: Lot 1 - 1,462 square feet, Lot 2 - 1,5 1S square feet, Lot 3 - 1,451 square feet, Lot 4 - 1,528 square feet, Lot 5 - 1 ,810 square feet, Lot 6 - 1,809 square feet, Lot 7 - 1.914 square feet, Lot 8 - 2,508 square feet, WPDDCS/D0C/RE5TC0V/AMEND HAR.WPD BK228GPG309 Lot 9A - 2,173 square feet, Lot 9B - 2,312 square feet and Lot 9C - 2,387 square feet. 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, concret:, gravel, brick, stone, slate, coquina and parking areas, but does not inciude raised, open wood decking or the water surface of swimming pools. (B) The covenants pertaining to stormwater regulations may not be changed or deleted without the concurrence of the State of North Carolina. (C) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State of North Carolina. (D) Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. (E) All runoff on any lot must drain into the permitted systems. 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 a pond or to the street. Lots that naturally drain into the system are not required to provide these measures. Except as herein modified and amended the Declaration of Covenants, Conditions and Restrictions referred to herein shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned individual parties have hereunto set their hands and seals and the corporate and limited liability company parties have caused this instrument to be signed by their duly authorized officer or manager, the day and year first above written. �_4(SEAL) ROBERT W. LEGARE (owner of Lot 1) (yk' 10 OG 6_1,4 J (SEAL) CLAIRE B. LEGARE (own of Lot 1) i (SEAL) DANNY E. N (owner of Lot 2) L,.. + y (SEAL) AN L. NORRIS (owffer of Lot 2) (SEAL) WILLIAM FV BODENRAMER, Jy. (owner of Lot 3), by his attorney in fact, JOAN E. BARDIN NEW CENTURY HOMES, LLC, a North Carolina limited liability company (owner of Lot 4 and Lot 96) By: Danny ffbrriS, its,, Manager r. NORB Rq_Z_SNS (owner of Lot 5) EA L) WPOOCS/OOC/RESTCOV/AMENOHAR.WPO B,K2288Prj310 (SEAL) JOHN L. PIERC (owner of Lot 6) HOMECO BUILDERS, INC., a North Carolina corporation (own of Lot 7) By: j1MMY PI CE, its President //"?x (SEAL) 0. VCARRO C L (owner of Lot (:':W� (SEAL) ED A CARROLL (owner of Lot 8) SUNSET COVE DEVELOPMENT, INC., a North Carolina corporation (own ;jimmy ot and the D larant) By. .. President Vice �f , l k1V`' (SEAL) WILLARD LEE KENNEDY (owner of�y 9C) STATE COUNTY OFOR(1f��/�J The undersigned, a Notary Public in and for the county and state aforesaid, hereby certify that ROBERT W. LEGARE and wife, CLAIRE B. LEGARE, personally appeared before me this date and acknowle t"IWN14Ve execution of the foregoing instrument for the purposes set forth therein. �T( .BU�Cpc�fii�� Witness my hand and official stamp or seal, this IV day of November, 2003. �. '' •'� My commission expires: YA-t�'GC Notary Public STATE OF NOR H CAROLINA COUNTY OF IApy =_ LJ ' C� 11 Jill The undersigned, a Notary Public in and for the county and state aforesaid, hereby certify that DANNY E. NORRIS and wife, JOAN L. NORRIS, personally appeared before me this date and acknowledged the due execution of the foregoing instrument for the purposes set forth therein. Witness my hand and official stamp or seal, this � day of November, 2003. ............. My commission expires: ld% L/0.3 Notary Public WPDOCS/DOC/RESTCOV/AMENDHAR.WPD 3It2235PG3II STATE OF NORTH CAROLINA COUNTY OF ONSLOW The undersigned, a Notary Public in and for the county and state aforesaid, do hereby certify that JOAN E. BARDIN, attorney in fact for WILLIAM H. BODENHAMER, JR., personally appeared before me this day and being by me duly sworn, says that she executed the foregoing instrument in behalf of WILLIAM H. BODENHAMER, JR. and that her authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged and recorded in the Office of the Register of Deeds of Pender County, !North Carolina on the 13th day of March, 1991, in Book 769, at Page 23, and that this instrument was executed under and by virtue of the authority given by said instrument granting her power of attorney; that the said JOAN E. BARDIN acknowledged the due execution of the foregoing instrument for the purposes therein expressed for and on bebalf-of the said WILLIAM H. BODENHAMER, JR.. '. WITNESS MY HAND AND OFFICIAL SEAL, this the 7th day of November, 2003. y ,`'` " U 6 No r Publi P.+ My commission expires: October 24, 2006 STATE OF NORTH CAR LINA COUNTY OF The undersigned, a Notary Public in and for said County and State, do hereby certify that DANNY NORRIS, personally came before me this day and acknowledged that _he is the Manager of NEW CENTURY HOMES, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the 1n' liability uL il011 company I)y its Manager. Withe nessreoing instrument was my hand and official tamp ordseal, this in its name,` day of November, 2003. A\� 6 ..... ULLO+k������i .o�ARr / Notary Pub is�r My Commission Expires: � ��/u� �� Pu81.�G =3 O•'• STATE OF NORTH CAROLINA //,1s1 0i j�ICo1� %\`\\\` COUNTY OF The undersigned, a Notary Public in and for the county and state aforesaid, hereby that NORBERT E. SIMMONS personally ������ p y appeared before me this date and acknowledged the due e q 4 foregoing instrument for the purposes set forth therein. ; / t A216 �``��� '' ...., Oc .4 Witness my hand and official stamp or seal, this '7 y of e3 �O�ARY My commission expires: \ o CC— _ Z �C/U Notary Public = oyS pt,DO d STATE OF NORTH CAROLINA II11111 COUNTY OF ONSLOW The undersigned, a Notary Public in and for the county and state aforesaid, hereby certify that JOHN L. PIERCE personally appeared before me this date and acknowledged the due execution of the foregoing instrument for the purposes set forth therein. Witness my hand and official stamp or seal, this day of November, 2003. -L� 13U' LLp My commission expires: (�Gf��•�'" "'C� Notary Public _ C,IARy '..� eow-_— WPDOCS/OOC/RESTCOV/AMENDHAR.WPD y(' '' ..•• �01' ;;�� (Oink' OOVN \\���� RX2286PG312 STATE OF NORT CARJINA COUNTY OF oO The undersigned, a Notary Public in and for said County and State, do hereby certify that JIMMY PIERCE personally came before me this day and acknowledged that _he is President of HOMECO BUILDERS, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President. `�,� D11111f111l11U�j/��� Witness my hand and official stamp or seal, thiday of Nov/elmbe�r', 2003. \\�,���'�'l,.bULLO�,ii����� Notary Public r p!_'tiU My Commission Expires: u1.\r" � C,•,• .• c.` STATE OF NORTVCAR LI }NA COUNTY OF �S9U� ;"i1111t111,1 The undersigned, a Notary Public in and for the county and state aforesaid, hereby cert'f at O.H. 11�1,1J �l fNv CARROLL and wife, EDNA CARROLL, personally appeared before me this date and ackno�®�1L �i��ue execution of the foregoing instrument for the purposes s forth therein. \�`���•(,.••• •••�C,��iii� Witness my hand and official stamp or seal, this day of November, 2003.�'•�O�ARY•••'• My commission expires: o J� Notary Public W o pUBL,�, J •U` STATE OF NORTN CAR LAVA Ci ��\`\\ COUNTY OF . La'5 q�� rr;ii �y�N The undersigned, a Notary Public in and for said County and State, do hereby certify that JIMMY PIERCE personally came before me this day and acknowledged that _he is Vim President of SUNSET COVE DEVELOPMENT, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its na e by its Va.cP President. Witness my hand and official stamp or seal, �` y ��ut1laU�ul/ii this da of November, Z003. �r,� Notary Public C My Commission Expires: � �/-3 = • �'1.`:�i_�'�. ,•.mac,` STATE OF NOR CAR L1'N�y i�i��//�„!� frilC101V1`"\���� COUNTY OF _ ��I� S �U�J The undersigned, a Notary Public in and for the county and state aforesaid, hereby certify that WILLARD LEE KENNEDY, personally appeared before me this date and acknowledged the due execution of the foregoing instrument for the purposes set forth therein. (��G Witness my hand and official stamp or seal, thA 1� c�a f Neer, 2003. ���t►►111111►11AlII//j�� My commission expires: Z'/ . Notary Public W PDOCS/D0C/RESTCOV/A MEN DHAR, W PD 12/05/2003 08:49 910-346-1210 JOHN L PIERCE JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING • LAND PLANNING • MAPPING CIVIL ENGINEERING OFFICE: 910-346-9800 FAX: 910-346-1210 E-MAIL: jpierceQonslowonline.net P,O, Box 1685 Jacksonville. NC 28541 December 5, 2003 tMj . i6daTewisj N.C. Department of Environment And Natural Resources 127 North Cardinal Drive Wilmington, NC 28405 Re: Harbor Pointe Project Dear Vas_ Lewis: PAGE 01 409 Johnson Blvd. Jacksonville, NC 28540 Please find enclosed the "Amendment to the Restrictive Covenants" you have required us to provide to you. As you can see we are still in the process of obtaining the necessary signatures of the owners prior to recording. 7 At this point we are only missing one signature of the owner of Lot 9C and it has been mailed to him for signature. Hopefully, we will have this document back prior to Christmas for recording. We are asking for your patience and allow us extra time so we may obtain all signatures required. Should you need any additional information to grant this request, please let us know, Sincerely, L116A-1 John L. Pierce JOHN' L. PIERCE & ASSOCIATES P.A. Jp/bb Encl. LOTS. =ARMi_HND HND WOODLAND Sl.'RVE`/ING ' SRE P�_ANNING • SUBDIVISION LAYOUT • LAND DEVELOPMENT PLANNING CONSTRUCTION SfJRVEy1NG • TOPOGRAPHIC SURVEYING AND MAPPING Phase I Ervin:nmen,al Aud7 , Risk A�sessment 12/05/2003 08:49 910-346-1218 JOHN L PIERCE PAGE 02 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS STATE OF NORTH CAROLINA COUNTY OF P£NDER THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this day of November, 2003, by and among the undersigned, being the record owners of all the lots in the subdivision known as "Harbor Pointe", situated in Topsail Township, Pender County, North Carolina and more particularly described on a map prepared by John L. Pierce & Associates, P.A., dated April 5, 2000, and recorded in Map Book 33, Page 39, Slide 447, in the Pender County Registry (the "Subdivision"). Said. map being incorporated by reference as if fully set forth and referred to for the purpose of furnishing a more complete and accurate description of the property which is subject to this amendment. WIT NESSETH: WHEREAS, Sunset Cove Development, Inc., a North Carolina corporation, did execute a document entitled, "Declaration of Covenants. Conditions and Restrictions" dated April 19, 2000 and recorded in the Pender County Registry on April 20, 2000 in Book 1 575, Page 333, (the "Declaration") subjecting the real property described therein to certain covenants, conditions and restrictions; and WHEREAS, the State Stormwater Management Permit No, SW8 000905 issued by the North Carolina Environmental Management Commission, Division of Water Quality on June 13, 2001, (the "Stormwater Permit") required certain restrictions be placed upon the lots.in the subdivision; and WHEREAS, in order to be in compliance with the requirements of the Stormwater Permit it is necessary to amend the Declaration to include the restrictions required by the Stormwater Permit, NOW, THEREFORE, the parties hereto, being the record owners of all of the lots in the Subdivision, hereby declare that the Declaration of Covenants, Conditions and Restrictions recorded in Book 1575, Page 333, Pender County Registry, be and are hereby amended by adding the following new ARTICLE IX: ARTICLE IX- STORMWATER MANAGEMENT. (A) The maximum built -upon area per lot is as follows: Lot 1 - 1,462 square feet, Lot 2 - 1 ,51 5 square feet, Lot 3 - 1,451 square feet, Lot 4 - 1 ,5z8 square feet, Lot 5 - 1 ,810 square feet. Lot 6 - 1 ,809 square feet, Lot 7 - 1 ,914 square feet, Lot 8 - 2,508 square feet, kVP00CS! 00 C/Rf STCov,/a?,rN DNA R.W PD 12/05/2003 08:49 910-346-1210 JOHN L PIERCE PAGE 03 Lot 9A - 2,173 square feet, Lot 9B - 2,312 square feet and Lot 9C - 2,387 square feet. 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. (13) The covenants pertaining to stormwater regulations may not be changed or deleted without the concurrence of the State of North Carolina, (C) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State of North Carolina. (D) Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to LAMA regulations. (E) All runoff on any lot must drain into the permitted systems. 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 a pond or to the street. Lots that naturally drain into the system are not required to provide these measures. Except as herein modified and amended the Declaration of Covenants, Conditions and Restrictions referred to herein shall remain in full force and effect. (N WITNESS WHEREOF, the undersigned individual parties have hereunto set their hands and seals and the corporate and limited liability company parties have caused this instrument to be signed by their duly authorized officer or manager, the day and year first above written. �- (SEAL) ROBERT W. LEGARE {owner of Lot 1) (SEAL) CLAIRE B. LEGARE (own of Lot 1) ` (SEAL) DANNY E. N (owner of Lot 2) L (SEAL) AN L. NORRIS (owrier of Lot 2) ` (S EA L) WILLIAM BODEN AMER, 1. (owner of Lot 3), by his attorney in fact, JOAN E. BARDIN NEW CENTURY HOMES, LLC, a North Carolina limited liability co any (owner of Lot 4 and Lot 9B) l By: Danny rri f, Tt� Manager (SEAL) NORBNT-E S 1\15 (owner of Lot 5) WODOCS!DOC/RE5TCCV/AMENO HAR.WPD 12/05/2003 08:49 910-346-1210 JOHN L PIERCE PAGE 04 STATE OF NO3�-) CA� OLINA COUNTY OF &A (SEAL) JOHN L. PIERCE (owner of Lot 6) HOMECO BUILDERS, INC., a North Carolina corporation (own of Lot 7) By: JIMMY P CE its president )vrt,� - - ____(SEAL) 0,k. CARROLL (owner of lot 2aZG2-� (SEAL) ErNA CARROLL (owner of Lot 8) SUNSET COVE DEVELOPMENT, INC., a North Carolina corporation (own f Lot 91A, and the D larant) By G F Jimmy Pi its President Vice {SEAL) WILLARD LEE KENNEDY (owner of Lot 9C) The undersigned, a Notary Public in and for the county and state aforesaid, hereby certify that ROBERT W. LEGARE and wife, CLAIRE B. LEGARE, personally appeared before me this date and acknowledged the due execution of the foregoing instrument for the purposes set forth therein. Witness my hand and official stamp or seal, this/`/ day oaf/November, 2003. My commission expires' _'jm/t!P/0-� Notary Public STATE OF NORTH CA OLINA COUNTY OF Jfi 5&u - The undersigned, a Notary Public in and for the county and state aforesaid, hereby certify that DANNY E. NORRIS and wife, JOAN L. NORRIS, personally appeared before me this date and acknowledged the due execution of the foregoing instrument for the purposes set �forth therein. .__L Witness my hand and official stamp or seal, this _ day of November, 2003. My commission expires: Notary Public /62 c) L' 03 kNFC JC5/CGC,%RE3TCO,//a;+4ENDq LS WPD 12/05/2003 08:49 910-346-1210 JOHN L PIERCE PAGE 05 STATE OF NORTH CAROLINA COUNTY OF ONSLOW The undersigned, a Notary Public in and for the county and state aforesaid, do hereby certify that jOAN E. BARDIN, attorney in fact for WILLIAM H. BODENHAMER, JR., personally appeared before me this day and being by me duly sworn, says that she executed the foregoing instrument in behalf of WILLIAM H. BODENHAMER, JR. and that her authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged and recorded in the Office of the Register of Deeds of Pender County, North Carolina on the 13th day of March, 1 991 , in Book 769, at Page 23, and that this instrument was executed under and by virtue of the authority given by said instrument granting her power of attorney: that the said JOAN E. BARDIN acknowledged the due execution of the foregoing instrument for the purposes therein expressed for and on behalf of the said WILLIAM H, BODENHAMER, JR.. WITNESS MY HAND AND OFFICIAL SEAL, this the 7th day of November, 2003. r-v-. Aa,"A_- il'- No r Publi � t 1 My commission expires: October 24, 2006 STATE OF NORTH CARQLINA COUNTY OF ___) 1 The undersigned, a Notary Public in and for said County and State, do hereby certify that DANNY NORRIS, personally came before me this day and acknowledged that _he is the Manager of NEW CENTURY HOMES, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of the 1' d liability company the foregoing instrument was signed in its name y its Manager. ���r�����/ii� Witness my hand and official stamp or seal, this day of November, 2003. '.6t1L��Ct�i11% J Notary Pub is My Commission Expires:_ 1��/�'S_ pUSOG •�'�4� STATE OF NORTH CAROLINA fa <<nG0a�\ COUNTY OF The undersigned, a Notary Public in and for the county and state aforesaid, hereby �� I01, that NORBERT E. SIMMONS, personally appeared before me this date and acknowledged the due e �oftjl foregoing instrument for the purposes set forth therein_ \\��F�.• C��� Witness my hand and official stamp or seal, this y of Pdkt�rver rber, 2_ 3.. O�aR My commission expires: T'� Z ��U Notary Public p cj ' STATE OF NORTH CAROLINA COUNTY OF ONSLOW The undersigned, a Notary Public in and for the county and state aforesaid, hereby certify that JOHN L. PIERCE personally appeared before me this date and acknowledged the due execution of the foregoing instrument for the purposes set forth therein. Witness my hand and official stamp or seal. this day of November,- 2003. ``�11111y1t111r11rr�il�,� c�` ?,ULLpC7// My commission expires: Notary Public r,-,���,. •. N'?OO CS/COC/R ESTCOV AM EN 0 M AR.WPC 4= %itfrf!; �,!, I! 1111ti1u� 12/05/2002 08:44 410-346-1210 JOHN L PIERCE PAGE 06 STATE OF NORTH CARD INA '� COUNTY OF The undersigned. a !Votary Public in and for said County and State, do hereby certify that JIMMY PIERCE personally came before me this day and acknowledged that _he is President of HOMECO BUILDERS, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President. \r,�111111f1€lfll�����r/r/ Witness my hand and official stamp or seal, this i4 day of November, 2003. \�����ULL• C,f'��� i At, y Notary Public My Commission Expires:_ STATE OF NORTCAR f INA COUNTY OF _ `a�t;��% I;ltiti�t ' The undersigned, a Notary Public in and for the county and state aforesaid, hereby cert' at O.H. CARROLL and wife. EDNA CARROLL, personally appeared before me this dale and acknoe execution of the foregoing instrument for the purposes st orth therein. '4��'C_.• Witness my hand and official stamp or seal, this day of November, 2003. 416; 0 ' =A 42P- My commission expires: Notary Public � •. A� � n •. g t.l ; =cs 01 STATE OF NORTH CAROLINA UU`u�'10 COUNTY OF r,�r;attitt The undersigned, a Notary Public in and for said County and State, do hereby certify that JIMMY PIERCE personally came before me this day and acknowledged that _he is President of SUNSET COVE DEVELOPMENT, INC.. a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its e by its �rine President. �3day Witness my hand and official stamp or seal, this of November, 2003. Notary Public My Commission Expires: STATE OF NORTH CAROLINA ��o`r:':•. ;a�� ` COUNTY OF lii Ill The undersigned, a Notary Public in and for the county and state aforesaid, hereby certify that WILLARD LEE KENNEDY, personally appeared before me this date and acknowledged the due execution of the foregoing instrument for the purposes set forth therein. Witness my hand and official stamp or seal, this day of November, 2003. My commission expires. Notary Public WPD005/DOC/REST COVIAWe.v0H4R Wvp JOHN L. PIERCE & ASSOCIATES, P.A. Land Surveying - Land Planning �. P.O. Box 1685 AUG Z�Q1 409Johnson Blvd. Jacksonville, N.C. 2854 Office: (910) 346-9800 Fax No.: (9 46-1210 F,-Mail: jpicrcc a onsiowonli TO Noelle Lutheran N.C. Department of Environment and Natural Resources 127 North Cardinal Drive Wilmington, NC 28405 WE ARE SENDING YOU ❑ Drawings ❑ Attached ❑ Copy of Letter ❑ Prints ❑ Change order letter of transmittal 1)Yu l y 27, 2001 Boa no. ATTENTION Noelle Lutheran IE Harbor Pointe ❑ Under separate cover via ❑ Plans 0 ❑ Samples the following items: ❑ Specifications COPIES DATE NUMBER DESCRIPTION 1 G Copy of "As -Built" Stormwater Plan 1 "Designer's Certification" THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ For review and comment ❑ For bids due 19 ❑ Prints returned after loan to us REMARKS Should you need an..y additional . 'nf rmat' n 1 SIGNED 4 1 State Stormwater Management Systems Permit No. SWS 000905 Harbor Pointe Stormwater Permit No. SW8 000905 fender County Designer's Certification Page I of 2 1, DAB&n Z� /`%� , as a duly registered_/ �r ,�; jy ,V, 7. in the State of North Carolina, having been authorized to observe eriodically/weeklylfull time) the construction of the project, for ��`,��,/ zj(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 -/2�/ Q L R-CFIVI�,D AUG 0 2 NO BY: E:3 State Stormwater Management Systems Permit No. SW8 000905 Certification Requirements: Page 2 of 2 %tLf The drainage area to the system contains approximately the permitted acreage. The drainage area to the system contains no more than the permitted amount of built -upon area. All the built -upon area associated with the project is graded such that the runoff drains to the system. 12 &e The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. f�. trash rack is provided on the outlet/bypass structure. All slopes are grassed with permanent vegetation. �8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. ' T) b The permitted amounts of surface area and/or volume have been provided. AtA---I I . Required drawdown devices are correctly sized per the approved plans. QW2. All required design depths are provided. "13. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. :Z The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Sam Altman, Topsail Beach Building Inspections RECEIVED AUG 0 2 2001 BY: 9 07/19/2001 15:54 910-345-1210 JOHN L PIERCE PAGE 01/01 MEMORANDUM To: Noelle Lutheran From- Dave Newsom . Ai John L, Pierce & A is es Date: 7/19/01 Subject: Harbor Point Relocation of Systems 5/6 & 819A Per our telephone conversation this date, we understand that it is permissible to relocate infiltration systems 5/6 & 8I9A. As you know, presence of buried cable utilities necessitated this modification. Please also note that we have slightly increased size of systems serving Tots 3, 4, 9A, 9B & 9c to allow for a 1008 Sp building on these lots. You have indicated that a permit modification will most likely be required to accommodate these changes. 07/19/2001 10:44 910-346-1210 JOHN L PIERCE PAGE 01 Fax Transmittal John L. Fierce & Associates Land Surveying — Land Plan Hung — Mapping P.a, Box 1685 409 Johnson .Blvd. Jacksonville, N.C. 28541 Office: (910) 346-9800 Fax No., (910) 346-1210 E-ma: inierce0omslowonline.net TO: Noelle Lutheran DATE: July 19, 2001 RE: Harbor Point Enclosed/Attached: As promised: 1) Sketch showing drainage areas for each infiltration system. 2) Sizing Calculations used when relocating system 5/6 & 819A Remarks - As you know, presence of burred cable utilities will necessitate relocation of Systems 516 &. 8.19A as shown on revised plan given to you yesterday, Does your office have any objection to relocation of these systems. Please note that no decrease in system volume is proposed (will accommodate 1.5" runofffrom drainage area) and that all required setbacks are maintained. Please also note that we have slightly increased size of systems serving Lots 3, -t, 9A, 9B & 9c to allow for a 1008 Sr building on these lots (I forgot to mention this to you yesterday). 1 would guess that a permit modification maybe required for this change. If agreeable, we will resubmit for permit modification as soon as possible. Please review and let us know if these changes are acceptable to your office. 07/19/2001 10:44 910-346--1210 JOHN L PIERCE PAGE 02 TCI'SAI� \tie 6/4 END OF BRfp.^,E OVER INTRACOASiAL WAl'ERWAY- � 07/13/280l 10:4* 910-345-1218 JOHw L PIERCE PAGE mo ^ t MEM HIGH WATER UNE AND LOCATION OF BULKHEAZ cis MAAK IN MAM ~- � — --------' — ---- — ---- — ----- — ----- — ---- — ----- — ----- — ---- ----`— ---- ` CD LD VA E7 � aH (.[► 1 J = m 1 ` t 91 -3.0 A j 80-7 I � i r IS I (T1 131, -) 3.o i ' Sty (=` ,0 55 o 2, �_ � � Lam. • �f . ` `� �'�' � � i JAL_/ � ,Q► _�.t , rr IA 745 504 6-;k�_ 3 PAGE 01 r 11/01/2003 09149 r r P.O. Box 1685 Jacksonville, W 28541 DATE: 910-346-1210 JOHN L PIERCE JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING - LAND PLANNING - MAPPING OFFICE: 910.346-9600 PAX NO,; 910.346-1210 E-MAfL: jpierca®onslowonline.net FAX NO. (910) 346-1210 TO: FROM: NVI BER OF.COPIES INCLUDIYG THIS PAGE . /3 409 Johnson 131vd. Jacksomrille, N.C. 28540 LOTS, FARMLANb AND WOODLAND SURVEYING - SiTE PLANNING • SU13DIVISION LAYOUT - LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING Pha4e I Environmental Audit / Risk Assessment 11 / 01 / 2003 09: 49 916--346-1210 JOHN L PIERCE PAGE 02 Q� WArR Michael F. Easley, Governor r� P William G- Ross Jr. Secretary `O G North Carolina Department of Environment and Natural Kesources Alan W. Klimek P,E.,Director Q Coleen H, Sulllins, of Directo Division of Water Quality October 29, 2003 Ms. Betty Bullock, President Sunset Cove Development, Inc. c/o John L. Pierce and Associates PO Box 1685 Jacksonville, NC 28540 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS Harbor Pointe Subdivision Starr*mwater Project No. SW8 000905 Pender County Dear Ms. Bullock: On June 13, 2001, the Wilmington Regional Office issued a Stormwater Managment Permit to you for Harbor Pointe Subdivision. Per the requirements of the permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that, as of this date, a copy of the recorded deed restrictions has not been received in this -Office. Failure to record and/or provide a copy of the recorded deed restrictions is a violation of your permit, and subject to enforcement action. Please forward a copy of the recorded deed restrictions to this Office at the address below by November 29, 2003, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:IWQSISTORMWATIDEEDREST1000905.oct03 cc: Pender County inspections Wilmington Regional Office N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax Customer service 1 800 623-7748 'c►L i .1 f 81 / 2i 03 03: 49 JOHN L. PTERCE 910-346-1210 BK157SPG3.33 FILED STATE OF NORTH CAROLINA 00 APE 20 AM 8t 29 COUNTY OF PENI)ER JOiC� �.5Y1iCEl30Q� RMSTER 0P DEED,y CLARATION OF COVENANTS, CONDITIONS AN6 �>~tia R CQIfHTY, Rf5TRICTIONS THi5 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Is made this __ _ _ day of April, 2000. by SUNSET LOVE DEV51-OPMENT, INC., a North Carolina corporation, hereinafter referred to as 'Deciarant". WITNESSETH: WHF,RW, the Declarant is the owner of certain real property situated In Topsail Township, Pender County, Barth Carolina and being more pardcularty described as follows: SEWC all of lots numbered 7, 2, 3, 4, S, 6, 7, S, 9A, 98 and 9C, as shown on a plat entitled, 'HARBOR POINTE", prepared by John L Plerce-Surveying, dated April 5, 2090 and recorded In Map Book 33, Page 39, Slide 447, in the office of the Register of Deeds of Pender County, North Carolina, Said real property being hereinafter referred to. as the "Property" AND WHEREAS, the OeClarant is deslrou$ of subjecting the Property to protective covenants, conditions anti restrrctlonS for the purpose of protetting the vatue and desirability of the Property, each of which shall be binding Upon. Inure to the henefli of, and run with the Property and each and every lot or parcel thereof, and shall apply to and hind any owner thereof, his/her heirs, Successors and assigns. NOW, THEREFORE, the Deciarant hereby declares that the Property is and shall be held, transferred, sold and conveyed subject to the protective cavenaints, conditions and restrictions hereinafter set forth: ARTICLE 3w`:LtiefS abQ''ftrt4$!?t" -,os 1. S�rkDo"fix V ls+ist.kar et D+rKIo pEFiRTIONS gAalwt 0,&014, .To Section i , "Association' shall mean and refer to HARBOR POINTE HOMEOWNERS, A5soCwnoN, iNC„ a North Garoilria non-profit corporation, its successors and assigns. Section 2. "Owners" small mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot (a5 hereinafter defined In Section 5) which is a part of the Property, including contract sellers, but excluding those having such Interest merely as security for performance of an obllgation_ 11l0112003 09;49 910-346-1210 JOHN L PIERCE PAGE 04 6K [ 575PG334 Section 3. "Property" shall mean and refer to all that certain real property shown on the plat of "HARBOR POINTE" recorded In Map Book 33, Page 39, Slide 447, in the office of the Register of Deeds of Pender County, North Caroiina. Section 4. "Common Area" shall mean all real property (including the Improvements thereto) owned by the Association for the common use and enjoyment of the owners of any Lot. The Common Area to be owned ;. by the Association at the time of the conveyance of the first Lot is shown on the map of the Property recorded in Map Book 33, Page 39, slide 447. In the office of the Register of Deeds of Pender County, North Carollna and described as follows: Being all of the street or roadway designated as 3D' Ingress & Egress & Utility Easement, and the Common area, containing 0,04 acre, Including the boat dock and improvements attached ;p thereto. '. Section 5-."Lot" shall mean and refer to any plot of land shown on the recorded map of the Property g with the exception of the Common Area. A A Section 6. "Declarant' shall mean and refer to Sunset Cove Development, Inc., its successors and assigns, If such successors or assigns shoWd acquire more than one undeveloped Cot from the Declarant for the purpose of development. k,. ARTICLE II �.4 PROPERTY RICE11 — > i Section I , Q�ner�'_Ssmentssf Eniovment. Every owner shall have a right and easement of enjoyment In and to the Common Area, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Assoclation to charge reasonable admission and other fees for the use of any recreational facility situated upon or attached to -the Common Area: (b) the right of the Association to suspend the voting rights and right to use the } recreational facllltles by an owner For any period during which any assessment against his/her Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; :v (c) the right of the Association to dedicate or transfer all or any portlon of the Common Area for such purposes and subject to such conditions as may be agreed to by the members of the Association; no such dedication or transfer shall be effective unless agreed to by two-thirds (2/3) of each class of members 2 4 �i 11/0112003 09:49 910-346-1210 JOHN L PIERCE PAGE 05 „ .urvs33J voting on the same at a duly called meeting for that purpose. and a certificate signed by the secretary of the Association is recorded Indicating the approval; Section 2. Delegation of use_ Any owner'of a Lot may delegate, In accordance with the By -Laws of the Association, his/her right of enjoyment to the Common Area and facilities to the members of his family, tenants or contract purchasers who reside on the Lot. ARTICLE III MEMBERSHIP AND VgT G RIGHTS Section 1 . Member. Each owner of a Lot which is subject to assessment shall be a member of the Association_ Membership shall be appurtenant to and may not be separated from owncrshlp of any Lot. Section 2, Change of Membership. Change of membership In the Association shall be establlshed by the recording in the office of the Register of Deeds of Pender County, North Carolina, of a deed or other instrument establishing a record fee simple title In a Lot and the delivery of a certified copy of such deed or other Instrument to the Association. The person or other entity designated by such deed or other Instrument shall thereby become a member of the Association and the membership of the prior owner shall thereby terminate. Section 3, i is Each member of the Association shall have one (1) vote for each Lot owned. When more than one person or entity holds an Intere5t In a Lot as an Owner, or when a lot is owned by a y' corporation, partnership or other form of joint venture, a Certificate of Voting in a form established by the Association shall be Filed by such Owner, designating the person who shall be entitled to cast the vote with respect to such Lot; provided, however, no Certificate of Voting shall be required when a lot is owned solely by a husband and wife as tenants by the entirety and a vote cast by either thei husband or wife, In person or by proxy, shall be binding upon the other unless a contrary vote is timely received by the Association, to which event neither vote shall be counted. A Certificate. of Voting shalt be valid until such time as the Associatron receives either a subsequent Certificate of Voting or a written revocation of the Certificate of Voting Is flled .... with the Association. If no Certificate of Voting is properly filed with the Association with respect to.a Lot which requires such a Certificate, no vote shall be allowed with respect to said Lot until such time as a Certificate of Voting is properly riled with the Association. In no event shall any factional vote be counted or more than one vote be cast with respects to any one (1) Lot. Section 4, Board of Director,. The Board of Directors of the Association. which shall consist of three (3) members, or persons designated by a member, shall manage the business and affairs of the Association. So long as the Declarant is the owner of twenty-five percent (25M of the total number of Lots, but In no event longer than December 31, 2002, the Declarant, or Its successors of assigns, shall have the right to designate and appoint two of the three members of the Board of Directors of the Association. Tile Declarant shall have the right to remove, with or without cause, any persons selected by It to act and serve on the Board of Ma 3 9111,11- 11/01/2003 09:49 910-346-1210 JOHN L PIERCE PAGE 06 BK 1575PG336 Directors, The Declarant shall also have the right to appoint a successor director to fill a vacancy created by the death, resignation or removal of a director appointed by the Declarant to serve for the unexpired term of such director. All other directors shall be elected to the Board of Directors as provided by the By -Laws of the Association. ARTICLE IV COVENANT 170 i MAINTENANCE A51LJJMA N7S Section 1. QreatloI3 of Lie rso on or AssesSrDaots. The Dectarant, for each Lot owned; hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not It shall be so expressed in such deed, Is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and speciaf assessments, together with Interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together Interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the Owner of such Lot at the time the assessment became due. The personal obligation for delinquent assessments shall not pass to his/her successors in title unless expressly assumed by such successors. Section Z. Purpose 4f Assessment. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Property and for the Improvement and maintenance of [he Common Area and grounds upon each Lot. including mowing and landscaping Thereof. Section 3, Qtterminaiipn of Ass s t. Until January 1 of the year immediately following the conveyance of the First Lot to an Owner, the maximum annual assessment shall be one Hundred Dollars (S 1 00_00) per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may not be increased by more than 5,4% above the maximum annual assessment far the previous year without a vote of the membership. From and after January 1 of the year Immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment my be Increased by more than 5.0M than the maximum annual assessment of the previous year only by a vote of two-thirds (213) of the members, voting in person or by proxy, at a meeting duly called for such purpose. (b) The Board of Directors of [he Association my fix the annual assessment at an amount not to exceed the maximum allowed. d 11/01/2003 09:49 910--346-1210 JOHN L PIERCE PAGE 07 . — . vi vNV'. Section 4. ecl I s ss t ca I I e ts, In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable for that year only for the purpose of defraying, In whole or In part, the cost of any construction, reconstruction, repair or replacement of capital improvements upon or attached to the Common Area, Including fixtures and Personal property related thereto, ployided that, any such assessment shall have the assent of two—thlyds (2131 of the votes of the members, voting In person or by proxy, at a meeting duly called for such purpose. Section 5. Nptice a �uQwm For ga[pnAuthprized�Under Sections 3 ant! 4 of Article IV. Written notice of any meeting called for the purpose of taking any action under Section 3 of Section 4 of this Article 1V shall be sent to all members not less than 30 days nor more than 60 days In advance of the meeting. At the first such meeting called, the presence of members or proxies entitled to cast sixty percent (60.0%) of all votes of members shall constitute a quorum for the purpose of conducting such meeting. If the required quorum Is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1 /2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. _nIform Rate of Assessment. Both annual and special assessments must be fixed at'a uniform rate for all Lots and may be collected monthly, quarterly, semi --annually or annually. Section 7. Date of Commencement of Annual Assessments and Due Datg$. The annual assessments provided for hzrein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area to the Association. The first annual assessment shall be adjusted according to the number of months remaining In the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period_ Written notice of the annual assessment shall be sent to each Owner of a Lot. The due dates shall be established by the Board of Directors and set forth In the notice. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate 'of the Association as to the status of assessments on, a lot Is binding on the Association as of the date of its Issuance. Section 8. Effect of Nonpayment of Assessments and Remedies of the Assoclatl4n. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten 00.OV per annum. The Association may bring an aalon at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. The Association is hereby granted a power of sale -to• conduct such foreclosure In accordance withJucilclal Sales procedures set forth In the General Statutes of North Carolina. Section 9. 5uburdination_ pf the _)_ien_co Mortgages and_ Deeds _o( TLt=. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust. Sale or transfer of any Lot shall not affect the assessment Ilen. However, the sale or transfer of any Lot pursuant Lo mortgage or deed of trust foreclosure or any proceeding In lieu thereof. shall extinguish the lien of such assessments as to payments, which became due prior to such sale or transfer. No sale or transfer shall relieve the owner of such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 1/01/2003 09:49 910-346-1210 JOHN L PIERCE PAGE 08 BKA 57SPG338 ARTICLE V . ARCH1TE Q&AL CONTRA The Dcciarant hereby establishes an Architectural Control Committee (the "Committee") for the purpose or regulating and approving. prior to Cons[ructlon, the external design, appearance, landscaping, color, use, and location of any proposed Improvements to be located or constructed on any Lot so as to preserve and �p enhance the Lot values within the Property and to maintain a harmonious relationship among all structures and the natural vegetation and topography. (a) Commi t e Members. The Committee shall consist of two persons. The Initial Committee shall be composed of the Following named persons for the terms herein designated, to wit: . Name Tc_rm Jimmy Pierce until April 1, 2002 Athena Pierce until April 1, 2001 Upon the expiration of the term of each Initial member of the Committee, a'successor member shah be appointed by the Board of Directors of the Associatlon to serve for a two-year term and each successor thereafter shall be appointed by the Board of Directors of the Assoclation to serve For a two-year term, The Board of Directors of the Association shall have a right to remove, with or without cause, any member of the Committee appointed by such Board. The Board of Directors of the Association shall also have the right to appoint a successor member to fill a vacancy In the Committee created by the death, resignation or removal of a member appointed by the Board to serve the unexpired term of such member. (b) AppLQYaL No Improvements, alterations, repairs, change of paint colors, placement of signs, excavations, changes in grade, landscaping or other work which in any way alters the then existing conditions of any Lot or the Improvements thereon shall be made or done without the prior approval of the Committee. No building, fence, wall, boat dock, residence or other structure shall be commenced, erected, maintained, Improved, altered, or otherwise modified without the prior approval of the Committee. W procedures_ Two copies of a complete set of plans and specifications descrlbing the proposed work requiring the approval of the Committee shall be submitted to the Committee. The Committee shall either approve or disapprove The proposed work In writing within fifteen 0 5) days of the receipt of said plans and specifications. if the Committee disapproves the proposed work, the Committee shall state Its reason or reasons for such disapproval in the written notification. In the event that Committee fails to approve or disapprove, In writing, any proposed work within said fifteen (15) day 6 11101/2003 09:49 910-346-1210 JOHN L PIERCE PAGE 09 reverse or modify such decfsion by a two-thirds vote of the directors. ARTICLE Vi USE RUTFUCT1QM5 Section 1. Uses. No Lot, Lots or portion thereof, shall be put to any use other than for residential purposes. Section 2. Land Use and Bulldina Tvae. No building shall be used except for 'single family residential purposes'. "Single family residential purposes' is defined as a family. unit related by blood or marriage as is customary In the area. A single family may consist of a singie individual but shall not consists of a number persons unrelated, by blood or marriage, whether adults or minors under the care of others wherein there is provided family care for usually two or more unrelated persons. A single family residential unit shall not be used nor shall residential purposes as herein set out be defined as covering the following types of uses: fraternities, sororities, family care homes, boarding homes or any type residence In which a person or persons' care Is paid for by himself or herself or others. No Structure shall be erected, placed, altered or permitted to remain on any such lot other than one detached single family dwelling not to exceed the Town of Surf city. restrictions. All construction shah be custom type construction built an the Lot and no existing building constructed elsewhere shall be moved on to the Lot for residential or any other purpose. No mobile homes, single or double -wide, pre -manufactured or modular homes or any unit requiring a Division of Motor Vehicles certificate of title or certificate of orlgln, shall be placed or constructed on any Lot- This covenant shale not be construed as prohibiting the use of a new single-family detached dwelling as a model home for sales purposes. Section 3. Dweling9uality �L Size. The lower or bottom floor area of the main structure, exclusive of open porches and garages, shall be not less than 1,400 square feet of heated area for a dwelling of one-story. The lower or bottom floor area and second floor area of the main structure, exclusive of open porches and garages, shall be not less than 800 square feet, each, of heated area for a dwelling of more than one-story. Section 4. ldlng Location- No building shall be located on any Lot nearer to the front tot line, rear lot line (which shall be deemed to be the approximate mean high water line of the channel) or side iot.fines than The minimum building lines shown on the recorded map of the Property_ No residential building 'shall be located on any Lot nearer than 25 feet From the front lot line. nor nearer than 20 feet from the rear lot line, nor nearer than 7,5 feet From either side lot llne. For purposes of this covenant, eaves, steps, open porches and - carports shall "at be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot. An error of not more than 10 percent In the location of a building on a Lot with respect to the minimum setback lines shall not be considered a violation of this covenant. 0 11 / 01 / 2003 09: 49 910-346--1210 JOHN L PI BK 1575PG340 section S. Subdivision, No Lot shad be subdivided If the result of such subdivision is separate ownership of less than a whole LOT. Provided. however• that the Declarant, its successors or assigns, reserves the right to make minor boundary line adjustments between Lots so long as said adjustment does not extend 10% of the total area of a given Lot. Section G. Building Construction. Alt structures built on any Lot shall comply with all rules and regulations of the Town of 5urf City and the Coastal Area Management Act and the North Carolina Storm Water Management Act. All dwellings under construction must be completed and ready for occupancy within 15 months from the date of commencement of construction. Section 7. Docks and EIrrs. (a) The building setback requirements set Forth herein are not applicable to the construction of docks and piers or similar structures placed upon ar extending From the •'ire. Lots adjoining navigable waterways so long as such structures do not encroach upon other Lots or easements set forth In these covenants, conditions and restrictions or as shown on the recorded map of HARBOR POINTE and are otherwise in comptlance with the terms and conditions of these covenants, conditions and restrictions_ r ,y (b) The Owner of any Lot an which piers, docks and/or artificial stabilization devises are to be eonstruCted must. prior to construction, obtain written approval from the appropriate Federal. State and municipal governmental authorities, and the Declarant or the architectural review committee. (c) The Owner shall be solely responsible for the maintenance of any pier or dock „( constructed on or extending From his/her Lot and shall maintain the same at all times in a good and safe condition, Section 5. MlUellatl=s U5t ResrrlcCLons. F, (a) Camytr�. Travel Trallers. Boats and Boar Trailers. No camper, travel trailer, boat or boat trailer may be parked on any street, nor may such be parked on any Lm nearer to the side lot line than 7.5 feet or nearer to the street than the front face of the dwelling located on such Lot. (b) Trash, Durnpinq & ReceQtacles. No LoC shall be used as a dumping ground for rubbish, trash, garbage or other refuse, and all such rubbish, trash, garbage or other refuse shall be kept in clean and covered receptacles located in an enclosed structure Sc that the contents thereof shall not be visible from the street or the Intracoastal Waterway. All the Lot Owners Shall be responsible to see that their rubbish, trash, garbage and other refuse is systematically and promptly collected and removed from the Lot by a refuse collector. S t145r• :ih;� 11/01/2003 09:49 910-346-1210 JOHN L. PIERCE PAGE 11 conducted- upon any Lot, nar shall any act be committed thereon, which would constitute an annoyance or nuisance to the other residents of the Property or the general public. (d) Lot Mai a The Association shall keep each Lot landscaped and mowed regularly so as to promote a clean and sightly appearance. (e) 8nIM1115. No animals, livestock or poultry of any kind shall be.ralsed, bred or kept an any Lot, except that dogs, cats or other household pets, not to exceed two each In number, may be kept, provided that they are not kept, bred or maintained for any commercial purposes. Any such household pet shalf not be allowed an any other Lot In the subdivision of HARBOR POINTS, unless the pet is an and attached to a leash. (f) fences. No fence may be erected or permitted to remain on any Lot, excepr, however, split rill fences not to exceed four feet In height shall be permitted. (g) Signs, No signs shall be located or permitted to remain on any Lot other than a sign advertising the Lot for sale or for rent. (h) lunk• Cars & lienai L No stripped, partially wrecked or Junk motor vehicle, or part thereof, shall be permitted to be parked or kept on any street or Lot. Any major mechanical or repair work performed on any motor vehicle shall be done In an enclosed garage and shall riot be visible from the street. Any motor vehicle parked or kept an any Lot shall have a current state vehicle registration and current license tag. ARTICLE VII f�SFRVATlDN DF EASEMENTS Section 1. U i ] a e Easements. Easements for installation of and maintenance of utilities and drainage facilities are reserved over, upon and under the areas five (5) feet from each side Lot line and as shown on the recorded map of HARBOR PCINTE. Section 2. �rrset_Liohtina Agreement The Declarant reserves the right to subject the Property and Lots to a contract with an electrlc utility company for the installation of underground electric cables and/or. the Installation street lighting, either or both of which may require an initial payment and/or a continuing monthly payment to an electric utility company by the Owner. 9 1/01/2003 09:49 910-346-1210 JOHN L PIERCE PAGE BK 1575PG342 ARTICLE VIII GENERAL PROVISIONS Section 1. cern, The Assoclatlon, or any Owner, shall have the right to enforce,'by proceedings = at law or in equity, all restrictions, conditions, .covenants, reservations, Ilens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs and expenses. induding reasonable attorneys' fees, shall be recoverable by the prevailing party for the enforcement of these covenants_ Section 2. Modification of CovenanxF. Cgridition"nd RgSTrIgalons. Except for Storm Water requirements, this Declaration may be altered, modified, or amended at any time as a whole or as to any pan hereof by a written document executed by the Declarant or its successors and assigns and by the Owners of not less than fifty-one percent (51.096) of the Lots tD which this Declaration applies, by an instrument In writing r recorded in the Office of the Register of Deeds of Pender County, North Carolina. If the Decfarant owns fifty- one percent (51,o9t7 or more of the Lots, the Declarant may alter or amend this Declaration without the consent I.. of any other party. Section 3, Term. This Declaration is to run with the Property and shali be binding on all Owners and persons claiming under them for a period of twenty-five (25) years from the date of recordation of this -' Declaration, after which time this Oeclaration shall automatically extended for sutcessiye periods of ren years, ^ 7 unless an instrument signed by a majority of the then Owners, has been recorded, agreeing to change this Declaratlon in whole or In part, Section 4. Variances. The Decfarant, in its discretion, may allow reasonable variances and adjustments in these covenants, conciltlens and restrictions In order to alleviate practical difficulties and hardship in their enforcement and operation. Any such variances shall not violate the spirit or Intent of this Declaration, No vartance or adjustment will be permitted If such would be materially detrimental or injurious to the welfare of the other Owners, as determined by the Declaranr. Section S. Styerabillty, Invalldation of any one of these covenants, conditions or rt=strrctlons by judgment or court order shall in no way aFfect the enforceability and validity of the other covenants, conditions or restrictions, which shall remain in full force and effect. IN WITNESS WHEROF, the undersigned Declarant and corporate Lot owner have caused this Instrument to be signed by their respective Presidents, attAsted by their respective Secretaries and their corporate seals hereto affixed, by authority duly given by their respective Board of Directors, and the undersigned partnership Lot Owner has caused this instrument to be signed by its duly authorized general partners, all the day and year first above written. 10 11101r2003 09:49 910-346-1210 JOIN L PIERCE PAGE 13 i° Its President Atte�•i ��?'',;�6r cai,'••,ts secretary t V. LE C • o• y� lif''��U ' .�. ��'roj�OR�•��Rit�l�`lA Dh� ovJ - CQUNITY l A 4 M , V MAO a Notary Public of the county and state aforesaid. certify thai AIUt< 5- P1 personally appeared before me this day and acknowledged that { he Is the Secretary of Sunset Cove Development, Inc., a North Carolina carparatlon, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed In its name by Its :} President, sealed with its corporate seal and apes by him/her as its Secretary. Witness my hand and official stamp or eat Is Ti d 2floo. Nota P lic t t Notary NOTARY s ~- My Commission expires: ;7W= North Carolina - Pender Couarr Thra foregoing (or annexed) certificate of �-is certified to be Cower hi:�day of A.D.p��O JCYCf M SV.ICJGDUD -- Re&tcr of Deed. ar Deputy/ A i P RegWcr of Dec& , 3 O� wA ; `� Michael F, Easley, Governor \Oa pG William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources > Alan W. Klimek, P,E.,Director p ' Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality October 29, 2003 Ms. Betty Bullock, President Sunset Cove Development, Inc. c/o John L. Pierce and Associates PO Box 1685 Jacksonville, NC 28540 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS Harbor Pointe Subdivision Stormwater Project No. SW8 000905 Pender County Dear Ms. Bullock: On June 13, 2001, the Wilmington Regional Office issued a Stormwater Managment Permit to you for Harbor Pointe Subdivision. Per the requirements of the permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that, as of this date, a copy of the recorded deed restrictions has not been received in this Office. Failure to record and/or provide a copy of the recorded deed restrictions is a violation of your permit, and subject to enforcement action. Please forward a copy of the recorded deed restrictions to this Office at the address below by November 29, 2003, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSSlarl: S:IWQSISTORMWATIDEEDREST1000905.oct03 cc: Pender County Inspections Wilmington Regional Office N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer service —�A Wilmington Regional office Wilmington. NC 28405 (910) 350-2004 Fax 1 800 623-7748 INCDENR -.-!'�."» iJ.•.�; y°.".' ri'"'.r�`�r.. 1'3� 3 _i.��`� Ld!J L�...�= j�"`I iF. w:. rL �_ ..` '' �,V:a.,�w v.�s "^R` "�. 4 •� .3.. ,�I Fi :3 jj j3 �� - FOi'n1 DCM-MP-1 V 2 PPLICATION �A.SUN 0 7 2002 (ro be completed by al] applicants}CY DIVISION OF COASTAL MANAGEMENT c 'Q b.. City, town, community or landmark I. APPLICANT a. Landowner: Homeco Builders Inc. & Name Sunset Cove Development Inc, Address P.O. Box 1685 Ciry Jacksonville state NC Zip 28540 , Day Phone (910) 346- 9800 Fax 910 346-1210 b. Authorized Agent: City Jacksonville state NC Zip 28540 Day Phone (910) 346-9800 h-M[WIDINEARNPA1 c. Project name (if any) Harbor Pointe & Homeco Builders Inc. N07F Aernsst wO be ir=ed in nam- ofIandn mer(r), and/or 2. LOCATION OF PROPOSED " PROJECT a. County Pendpr Revised UP35 ofSJ t c. Street address or secondary road cumber N.C.'Hi hwa 210/50 @ draw bridge d. Is proposed work within ' city limits or planning jurisdiction? XX yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Tonsai 1 Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. docks & dredging of channel & installation of 1653 line of Bul hea b. Is the proposed activity maintenance of an existing project, new work, or both? _Weu.i tiAinrk c. WHI the project be for public, private or commercial use? _ Private & public d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach, additional pages. Purpose and use is for single e 'dential ,z.:., JUN 0 7 2002 - or;n D C sYi-i'P-1 _ � v DIVISION OF s COASTAL MANAGEMENT 4. LAND A.ND:wATER CHAKACTERISnCS a. 5i_ze of entire tract- 2.14 acres & 1.44 acres b. S�_,,e of individual lot(s) _ 0.19_ acres aver� C1 ) c. Approximate elevation of tract above NiHW or NwL, 4' - 7' above mean high water d. Soil type(s) and texture(s) of tract sand clay & dPhris fill e. Vegetation on tract grass, dP_cnrati va landscaping f. Man-made features now on tract existing seawall g_ What is the CAMA Land Use Plan land classification of the site? (co„ndr the local land use pkm.) Conservation Transitional �. Developed Community Rural Other n. How is the tract zoned by local government? R5 i. Is the proposed project consistent with the applicable zoning? X X Yes No (Awcn z—rg —iu-- ccrtifi=r, if appa-bk) i. Has a professional archaeological assessment been done for the tract? Yes XX No If yes, by whom? k.. is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes XX No 1. Are there wetlands on the site? X� Yes No Coastal (marsh) XX Other If yes, has a delineation been conducted? Yes (Auach dacw%rmadm. if a► zUable) m. Describe existing wastewater treatment facilities a. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industriallconimercial effluent, "wash down" and residential discharges.) -- existing stormwater infiltrations stem o. Describe existing drinking water supply source. 5. ADDITIONAL 'FORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then - forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an & 112" by II" white paper. (Refer to Coastal Resources Commission Rule 71.0203 for a detailed description.) _ ..... Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are' acceptable only if an adequate number of quality copies are provided by .applicant. (Contact the U.5. Army Corps of Engineers regarding that agency's,"use of larger drawings.) A`site or location map is a part of plat _ requirements and it must be sufficiently- detailed to guide agency personnel unfamiliar with the area to the Re.ised ON95 9 t __ —.• ♦' . :•mot' _yG•-. .' r -, .� ..Y ... r.. � �! 1f �1`Jl JIS� �V�- Il r II 'A' A Forin DCM-MY-1 JUN 0 7 2002 site. Include highway or s=ridary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A Iist of the names and complete addresses or the adjacent waterfront (riparian) landowners and signed return recripts as prwr that such owners have received a copy or the application and plats by certified rnah. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name James Howard Batts Address 12,1S Phone 51A q C;; ±- 4 ,1UC- Li y14 Name Sea Manor FnjerDri.SeS 1 1 C_ - -- Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permirtee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. ;j . • A statement of compliance with the N.C. Environmental Policy Act (N.C.G-S. 113A - I to 10) If the project involves the expenditure of public funds or use 'of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Rerised 03M DIVISION OF CQ_83TAL MANAGEMF.Nj 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any, permit issued in response to this application will allow only the -development described in the application. The project will be subject to conditions and restrictions contained i-t the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's . approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the Z (O day of !-� 67 Print Name .501,> L, Signature _ Laruioivner or Authorized Age= ' • _ Please indicate anacbmems'pertaininQ to your proposed project. __�-ISCM MP-2 Excavation and Pill information ..-DCM M9-3 Upland Development —,,--DCM MP-4 Structures Information ' DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided ar the borrom of each form. 'Form E V A �I0 i� J U N 0 7 zooz DU � D FUILL MoEv�AN of 1�1 `ICOASTAL MANAGEMENT (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be gives in feet. Reviled U95 1. EXCAVATION N/A a. Amount of material to be excavated from below MHW or NWi- in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL N/A L Location of disposal area b. Dimensions.of disposal area c. Do you claim title to disposal area? Yes No If no, attach at letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes No If yes, where? gzi�.tnx-.u,.�swv.x-m:+..:_ems-.-..-�....r.�.......... Forin DCM-MP-2 e. Does the disposal area include any coastal wedands (marsh). SAVs or other wetlands? Y- Yes No f. Does the disposal include any area in the water! Yes No , 3. SHOREU E STABII.TLATION a. Type of shoreline stabilizaition XX Bulkhead Riprap b. Length N61 .. c. Average distance waterward of MU-IW or NWL 0' in;taiIPd at MUW d. Maximum distance waterward of N* W or NWL 0' - installed at MHW e. Shoreline erosion during preceding 12 months Unknown (So— of -for—=-) f. Type of bulkhead or riprap material whaler & cap g. Amount of fill in cubic yards to be placed below water level (1) Riprap 0 (2) Bulkhead backfill h. Type of fill material _ N/A i. Source of fill material N/A 4. OTHER FILL A (Excluding Shore%e Stabifi=00n) N/A a. Will fill material be brought to site? Yes No Re.6ed 03195 If yes, (l) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes No If yes, - (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. flow will excavated or fill material be kept on site and erosion controlled? _Si I t fPncP b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Bucket & bar4g c. Will wetlands be cr3ssed in transporting equipment to project site? Yes XX No If yes, explain steps that will be taken to lessen environmental impacts. N/A 111111111110MUDITMTOMA - D JUN 0 l 2002 DIVISION OF COASTAL MANAGEMENT or w UPLAND DEVELOPM[ENT (Constrnction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-l. Be sure to complete all other sections of the Joint Application that relate to this proposed project_ a. "type and number of buildings, facilities, units or struaures proposed 11 b. Number of lots or parcels c. Density (give the number of residential units and the unimper acre) _11 _units/2.14_ acres 5.1 units er acr d. Site of area to be graded, filled or disturbed including roads, ditches, etc. ? t_ a arras e. if the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan`at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion c°,oatrol plan been submitted to the Division of Land Resources? XX Yes No If yes, date submitted f. List the, materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outs nding Resource Water, to be covered by impervious andlor built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vebicular driveways or parking, Revised QM ECEIVE JUN 0 7 2002 OF COASTAL DIVIM1AONAGEMEN r h. Projects that require a CAMA Major Development Permit may also rewire a 5tormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? XX Yes No If yes, date submitted --June 1 , 2001,__ i. Describe proposed method of sewage disposal. Public sewer ( Town of Surf miry ) j. Have the facilities described in item i. above received state or local approval? Yes (Am2ch appropriat d-u--t d—) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). None -other -than stormwater (stormwater infiltration treatment measures provided) I. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) 211hli r Dater Si iQl-y (Tnutn of ci irf ri ty ) m. Will water be impounded? Yes _'Y No If yes, how many acres? NIA_ __ n. if the project is a oceanfront development, when was the lot(s) platted and recorded? N/A -(arbor Pointe Apprxzu or PmJea Name sipature Date �; ���.�.xt—y.�.' -�,.1.+-'`-%Y '�-xw ,.': '�— � - _. �.- "'��: �'^�..__ ..-`�.-ram.-�--� ..r-r-•!�...a.:. _; Form STRUCTURES (Constructiore within Public Trust Areas) Attach this form to Joint Application for LAMA Major e.. Mooring buoys N/A Permit, Form DCM-MP-1. Be sure -to complete all (1) ­�— Commercial _„Community _Private other secdons of the Joint Application which relate to (2) Number this proposed project (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) ____ Commercial . ammunity-U PrivMte (2) Number 9 (3) Length (4) Width _ , 5 _ (5) ringer Piers XX Yes No (ii) Numb er 9 Ci) Length 20 (iiii Width 5 (6) Platform(s) Yes XX No (i) Number (ii) Length (iii) Width {7) Number of slips proposed (9) Proximity of sr mcture to adjacent riparian property lines 10 (9) •Width of eater body _ -100 �- (10) Water depth at waterward end of pier at M.LW or NWL b. Boathouse (including covered lifts) (N/A) (1) Commercial _ Private (2) Length (3) Width c. Groin (e.g, wood, saeetpile, etc-) (N/A_. (1) Number (2) Length(s) d. , Breakwarir (e_g, wood, sheeipiie, etc,) (I) Length (2) Average distance from MOW, NWL or wetlands (3) Maximum dunce beyond 'MHW, NWL or wetlands (4) Width of water body (5) Distance buoy(s) to be placed N yond shoreline f. Mooring structure (boatlik mooring pilings, etc.) (1) — Commercial —Community ,_,,,• Px ivate (2) Number (3) Length (4) Width g. Other Give cv"TL-je rfezr pti0y in AP m Or Project Name ECEIVE JUN 0 7 2002 DIVISION OF COASTAL MANAGEMENT Revised 03195 Form DCNJ-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial Xkommunity _ Private (2) Number I (3) Length 60, (4) Width 10' (5). Finger Piers Yes -XX_ No (i) Number (ii) Length (iii) Width (6) Platform(s) -4—Yes No (i) Number 1-- (ii) Length hn'.. (iii) Width 1_n, C7) Number of slips proposed 0 (8) Proximity of structure to adjacent riparian property lines 15' min. (9) Width of water body 100+ _ (10) Water depth at waterward end of pier at NE-W or NWL 1' a0D'ox _ b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length (s) d.. Breakwater (e.g- wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Revised 03t" e. Mooring buoys N/A (1) , Commercial —Community •_•_ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) N/A. (1) _Commercial ity Commun_ Private (2) Number (3) Length (4) Width g. Other fa,e eanvlew de:criocm) Harbor Pointe Applicwn or rmjed Nww Date SUN 4 7 20U2 DoilSOA OF ENT Go ASTAL M AN AG'EM r-""i..�, t Form DCM-MP-4 STRUCTURES (Construction within Public Trust Arms) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) andlor Pier(s) (I) —Commercial —Community XX Private (2) Number 11 (3) Length (4) Width 10 (5) Finger Piers Yes XX No (i) Number (ii) Length (iii) Width (6) Platform(s) XX Yes No (i) Number 11 (ii) Length 20 (hi) Width 10 (7) Number of slips proposed -0- (8) Proximity of structure to adjacent riparian property lines 15, min. (9) Width of water body, 80' min. (10) Water depth at waterward end of pier at NILW or NWL varies 1 b. Boathouse (including covered lifts)' N/A "(1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpide, etc.) N/A (1) Number. (2) Length(s) d. Breakwater (e_g. wood, sheetpile, etc_) N/A (I) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands Rrvised 0 195 e, Mooring buoys N/A (1) _ Commercial —Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f_ Mooring structure (boadift, mooring pilings, etc.) N/A (1) _ Commercial Community _ Private (2) Number (3) Mgt (4) Width g. Other (Give mnspLese description) NIA Harbor Pointe Apprzant or Project Name &9whire Date JUN o l 2002 COASTAL 1rS10N OF ANAGEMENT I NARRATIVE HARBOR POINTE Sunset Cove Development Inc., is proposing to dredge the existing channel that is located in Surf City a shown on the plan entitled "Togo & Channel Location" for the Harbor Pointe project. Harbor Pointe is an eleven (11) lot subdivision located just North and adjoining the Intracoastal Waterway on N.C. Highway 210 at the Surf City drawbridge. Harbor Pointe also adjoins the Thomas Seafood and Tackle Shop along the North side, which was built in the 1950s according to local knowledge and has an existing boat basin which is used to park several shrimp boats and other commercial boats. The channel accommodates boat traffic for several homes built to the North of Harbor Pointe. According to Mr. Floyd Stewart (formerly Surf City Building Inspector), the channel was dredged in the early 1950s. This channel clearly has an established use and accommodates several homes and piers that were built years ago. We are enclosing approximately sixty (60) letters showing the problems that exist. This channel currently has several problems due to the collection of sediment that has been deposited over the years and lack of maintenance to the channel. All excavated material will be place on a lot owed by Homeco Builders Inc. and all necessary erosion control will be installed on the site. We plan to dredge this channel to its original depth and width as shown on the enclosed profiles. We have no plans for expanding the use of the channel. Homeco Builders Inc. owns a 1.44 acre tract adjoining N.C. Highway 210 and is approximately eight hundred thirty three feet (833') North of bridge that accommodates the Intracoastal Waterway. Homeco Builders Inc. is proposing to install approximately one hundred sixty five feet (165') of bulkhead along the channel as shown on the attached map and will also be the site where the spoil will be placed for the dredge materials. D '(CEHVFA J U N 0 l 2002 DIVISION OF COASTAL MANAGEMENT COA J U N 4 7 2002 N/fi DIVISION �.__.>� ,��__ �.�WY TAL MANAGUIEhIl" ' �,,,,.. • �`'� o._�e�_v, Emma W, XTIAMW I --------------------------------------- ---------- Raw 'L 4 41M 'L !{ o t LC1 f IQl 1 nH •"i 1"� JUN 0 FA lig om DIVISION OF TIM COASTAL MANAGEMENT " zit z� I , ! N y\ JOHN L. PIERCE & ASSOCIATES, P. LAND SURVEYING - LAND PLANNING - MAPPING OFFICE: 910-346-9800 FAX NO.: 910-346-1210 E-MAIL: jpierce@onslowonline.net P.O. Box 1685 Jacksonville, NC 28541 December 12, 2001 Ms. Noelle Lutheran Stormwater Section N.C. Department of Environment and Natural Resources 127 North Cardinal Drive Wilmington, N.C. 28405-3845 Re: Stormwater Project No SW8 000905 Harbor Point Dear Ms. Lutheran, 449 J-o�i}t';Grt-Bled, Jacksonville, N.C. 28540 You will recall that a Designer's Certification for the referenced project was submitted to your office on 7/27/01. Upon receipt of that certification, your office expressed concerns regarding the method in which gutter downspouts were connected to infiltration systems. Specifically, you questioned whether it was possible to physically connect the downspouts to the infiltration system influent piping. Per your request, we investigated the possibility of "hard piping" the downspouts to the infiltration systems. However, it is my opinion that piping in this manner will not allow runoff in excess of 1.5" to bypass infiltration as was the design intent. We therefore respectfully request that your office approve the system construction. In my opinion, the system was constructed in substantial conformance with the approved construction drawings. We are very eager to resolve this one outstanding issue in hopes of "closing out" this project as soon as possible. Should you have any questions, please feel free to contact me. Yours David K. Newsom; PE J01 N PIERCE & ASSOCIATES LOTS, FARMLAND AND WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT- LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING Phase I Environmental Audit / Risk Assessment �nd I GJhJ da aJ,oµf f�+s? 1 1 = r P. 1 COMMUNICATI01`4 RESULT REPORT ( ri iN_22.2001 3:23P1"l ) * * * OPTION ___ADDRESS ------I -ILE MODE ------- .------------------------ ---- WATER QUALITY 11OR MEMORY TX __ _--------------- E-2) BUSY ----REASON FOR ERROR E_4) tlO FACSIMILE CONNECTION- — - - — — - E_�j Np ANSWER F LINE FOIL State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office 'Michael F. Easley, Governor William G. Ross 3r,, Secretary 1 FAX COVER SHEET Date: To: CO: �'AX ii No. Pf-Pages: r:A01VTO m: , na: REMARKS: 127 Cardinal Drive Evtension, Wilmington, N.C.28405-3845 Telaphollc1(910) 395-3900 Rnx (010) 350-2004 An Equal Opportunity A1Tirmativc Artlop niploycr State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross jr., Secretary Date: To: -Bad CO: D FAX #: REMARKS: FAX COVER SHEET No. Of PZIR-11117 es: [ (, From: CO: &,L/ FAX#: 910-350-2604 127 Cardinal Drive Extension, Wilmington, K.C. 28405-3845 71"cicphone (910) 395-3900 Fax (910) 350-2004 An Fqual Opportunity Affirmative Action Employer State of North Carolina ` Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna D Moffitt, Director September 14, 2000 _CERTEFEED MAIL # 7099 3400 0003 7009 0519 RETURN RECEIPT REQUESTED Mr. John L. Pierce ` Sunset Cove Development, Inc. Post Office Box 1685 Jacksonville, North Carolina 28540 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT' CAMA VIOLATION # 00-41D Sunset Cove Development, Inc. PENDER COUNTY Dear Mr. Pierce: Information gathered by the Division of Coastal Management shows that you have undertaken Major Development in violation of the Coastal Area Management Act (CAMA). No person may undertake Major Development in a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Coastal Resources Commission. North Carolina General Statutes (hereinafter abbreviated NCGS I I3A-118). I have information that you have undertaken Major Development by the development of an eleven lot subdivision and by the construction of a bulkhead along approximately 859 linear feet of shoreline at Harbor Pointe Subdivision (formerly Topsail Landing), adjacent to Topsail Sound, in Surf City, Pender County. This development is being undertaken within Estuarine Waters, Public Trust Areas, and Coastal Shoreline Areas of Environmental Concern, and no valid permit has been issued for it. Therefore, I have concluded that you are in violation of the permit requirement of the Coastal Area Management Act. On March 20, 2000, CAMA General Permit No. 020312-D was issued to Jimmy Pierce for the construction of 350 linear feet of bulkhead and CAMA General Permit No. 020313-D was issued you for the construction of 344 linear feet of bulkhead. A Certification of Exemption was also issued to O.H. Carroll for the construction of 165' of bulkhead. It is now my understanding that when these authorizations were issued for the bulkhead construction, the property was in the common ownership of Sunset Cove Development, Inc.. These authorizations were issued based on your survey of Topsail Landing dated Marchl9, 2000, which contained erroneous property owner information. The CAMA General Permits and Certification of Exemption are therefor null and void. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer OW Mr. John L. Pierce September 14, 2000 Page Two I request that you immediately CEASE AND DESIST any further development and contact me about this matter. A civil assessment of up to $2500.00 may be assessed against any violator. Each day that the development described in this Notice is continued or repeated may constitute a separate violation which is subject to an additional assessment of $2500.00. An injunction or criminal penalty may also be sought to enforce any violation. NCGS 113A-126. It is the policy of the Coastal Resources Commission to assess a. minimum civil penalty of Three Hundred Fifty Dollars ($500.00) against all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources which were affected and the extent of the damage to them. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. A site inspection will be made in the immediate future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. Once again, I request that you contact me immediately about these matters. cc: Charles S . Jones Bob Stroud, District Manager Jeff Richter, COE Mickey Sugg, COE Merrie Jo Alcoke Floyd Stewart (LPO) Mr. John L. Pierce September 14, 2000 Page Two I request that you immediately CEASE AND DESIST any further development and contact me about this matter. A civil assessment of up to $2500.00 may be assessed against any violator. Each day that the development described in this Notice is continued or repeated may constitute a separate violation which is subject to an additional assessment of $2500.00. An injunction or criminal penalty may also be sought to enforce any violation. NCGS 113A-126. It is the policy of the Coastal Resources Commission to assess a, minimum civil penalty of Three Hundred Fifty Dollars ($500.00) against all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources which were affected and the extent of the damage to them. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. A site inspection will be made in the immediate future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. Once again, I request that you contact me immediately about these matters. cc: Charles S. Jones Bob Stroud, District Manager Jeff Richter, COE Mickey Sugg, COE Merle Jo Alcoke Floyd Stewart (LPO} Registered Agent http://www.secretary.state,nc.tis/Corporations/agent.asp?1949462 :RIETARY OF STATE Corporation Registered Agent Information Agent Name PIERCE, JOHN L Businesses that this Agent Represents Entity Name Type Status Formed A & J LAND COMPANY, INC. BUS Admin. Dissolved 5/29/1991 BHP WESTERN, INC. BUS Current -Active Name 2/24/1998 BLACKJACK INVESTORS, LLC LLC Current -Active Name 121311998 DELTA INVESTORS INC. BUS Current -Active Name 12/5/1994 FOUR STAR DEVELOPMENT, INC. BUS Current -Active Name 3/10/1998 JOHN L. PIERCE & ASSOCIATES, P.A. PA Current -Active Name 8/3/1999 L,B,J. PROPERTIES, LLC LLC Current -Active Name 5/14/1998 PARKWAY INVESTORS LLC LLC Current -Active Name 6/3/1999 VISION DEVELOPERS, INC. BUS Current -Active Name 10/6/1995 W.B.P. III, L.L.C. LLC Current -Active Name 9/18/1996 Records Returned 1 to 10 Please note this may not be a complete list of companies represented by this agent. Data from the old system has many duplicate entities. So we will need to combine all information about an entity into one record. 1 01' 1 06/26/2001 9A0 AM Registered Agent 11ttp://www.secretary.state.nc.us/Corporations/ageni.asp?1916692 EPARTMENT OF THE SECRETARY OF STATE Corporations Registered Agent Information Agent Name PIERCE, JOHN L Businesses that this Agent Represents Entity Name Type Status Formed MALLARD CREEK DEVELOPMENT, INC. BUS Current -Active Name 3/2/1998 SUNSET- COVE DEVELOPMENT, INC. BUS Current -Active Name 3/27/1997 Records Returned 1 to 2 Please note this may not be a complete list of companies represented by this agent. Data from the old system has many duplicate entities. So we will need to combine all information about an entity into one record. 1 of 1 06/26/2001 9:42 AM Registered Agent http://www.secretary.state.nc.us/Corporations/agent.asp?1951255 EPA RTMENT OF THE SECRETARY OF STATE Corporations Registered Agent Information Agent Name BULLOCK, BETTY Businesses that this Agent Represents Entity Name Type Status Formed BEAVER CREEK INVESTORS INC. BUS Current -Active Name 7/12/1999 KINGS CREEK DEVELOPMENT, INC. BUS Current -Active Name 8/24/1999 Omeqa Investors, L.L.C. LLC Current -Active Name 9/5/2000 Records Returned 1 to 3 Please note this may not be a complete list of companies represented by this agent. Data from the old system has many duplicate entities. So we will need to combine all information about an entity into one record. 1 of 1 06/26/2001 9:44 AM Registered Agent http://www.secretary.state.nc.us/Corporations/agent.asp? 1958771 DEPARTMENT OF THE SECRETARY OF STATE Corporations Registered Agent Information Agent Name BULLOCK, BETTY Businesses that this Agent Represents Entity Name Type Status Formed HORIZON INVESTORS, L.L.C. LLC Current -Active Name 12/10/1999 The Corral Group of Asheboro, LLC LLC Current -Active Name 12/21/2000 Records Returned 1 to 2 Please note this may not be a complete list of companies represented by this agent. Data from the old system has many duplicate entities. So we will need to combine all information about an entity into one record. ] of] 06/26/2001 9:44 AM 1Zegistered Agent http://www.secretary,state.nc.us/Corporal ions/agetit.asp?2568356 DEPARTMENT OF THE SECRETARY OF STATE Corporations Registered Agent Information Agent Name Bullock, Betty Businesses that this Agent Represents Entity Name Type Status Formed Moosehaven Development, Inc. BUS Current -Active Name 10/5/2000 Records Returned 1 to 1 Please note this may not be a complete list of companies represented by this agent Data from the old system has many duplicate entities. So we will need to combine all information about an entity into one record. 1 of 1 06/26/2001 9:45 AM $titity Names http://www. secretary. state. naus/Corporations/Corp. asp?4977951 Date: 6/29/2001 Document Filings Corporation Names ClOrPorations Name Name Type SUNSET COVE DEVELOPMENT, INC. Legal NC Business Corporation Information SOSID: 0422394 Status: Current -Active Name Date Formed: 3/27/1997 Citizenship: Domestic State of Inc.: NC t Duration: Perpetual Registered Agent Principal Office Agent Name: PIERCE, JOHN L Address: Registered Office 409 Johnson Blvd Principal Mailing Address: Jacksonville NC 28541 Address: Registered Mailing P O Box 1685 Address: Jacksonville NC 28541 No Address Listed 409 Johnson Blvd Jacksonville NC 28540-542 I of 1 6/29/01 8:30 AM JPEG image 700x905 pixels hitp://w,A,,A,.SecreLary.state.nc.us/iinaging/14537660.jpg 4 TM� tnoosret�maturs �t;<1;td ia'It>cst� 3abate sho�d6ese.�se� �s:foZlar►s.{the.ra,rncctrddo�t++iiie+�t mar 'il►is ire ....... d�r:o( ......... ..:. ..: , �9. 1 01 1 6129/01 8:33 AM Imaging Document http://www.secretary.state.ne.uOC6rporat... tate%2EncO/a2Eus%2Fimaging%2F 14537661%2F-jpg w The tist6w4l6a of tho roWtoC 14. lk' 0 name, orthe'll1w Awl is—, 6/29/01 8:33 AM Imaging Document http://WWW.secretary.state.nc.us/Corporat...talc%2Enc%2Eus%2Fimaging%2F14537662%2Ejpg I 1 or l 6/29/01 8:33 AM State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary Division of Water Quality June 13, 2001 Ms. Betty Bullock, President Sunset Cove Development, Inc. PO Box 1685 Jacksonville, NC 28540 Subject: Permit No. SW8 000905 Harbor Pointe High Density Subdivision Stormwater Project Pender County Dear Ms. Bullock: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Harbor Pointe on June 1, 2001. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 000905, dated June 13, 2001, for the construction of the project, Harbor Pointe. This permit shall be effective from the date of issuance until June 13, 2011, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Scott Vinson, or me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/sav: S:IWQSISTORMWATIPERMIT1000905.JUN cc: Sam Altman, Topsail Beach Building Inspections Scott Vinson ';Wilmington -Regional Office F ? Central Files"' 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10'/,, post -consumer paper State Stormwater Management Sirsiems Permit No. SW8 000905 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 Sunset Cove Development, Inc. Harbor Pointe Pender County FOR THE construction, operation and maintenance of 17 infiltration trench systems 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 June 13, 2011 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 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 pages 3 and 4 of this permit, the Project Data Sheets. The subdivision is permitted for I 1 lots, each allowed the following amount of built -upon area: Lot I = 1,462 ft2; Lot 2 = 1,515 ft2; Lot 3 = 1,451 ft2 Lot 4 = 1,528 ft2; Lot 5 = 1,810 ft2; Lot 6 = 1,809 ft2; Lot 7 = 1,914 ft2; Lot 8 = 2,508 ftz; Lot 9A = 2,173 ft2; Lot 9B = 2-312 ft2; and Lot 9C = 2,387 ft2. a. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. These underground trench systems must be operated with a 50' vegetated filters. 2 State Stormwater Managemcnt Systems Permit No. SW8 000905 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Name of Receiving Stream / Index 9: Classification of Water Body: If Class SA, chloride sampling results: Design Storm, inches: i Project Area, acres: Total Impervious Surfaces, fie: 33,967 11 lots at: Lot 1 = 1,462 ft2 Lot 2 = 1,515 fie Lot 3 = 1,451 ft2 Roads, ft2: 13,098 Parking, ft2: 9,957 Offsite Area entering Pond, ft2: Controlling Orifice: Seasonal High Water Table: Type of Soil: Expected Infiltration Rate: Harbor Pointe SW8 000905 Pender County Ms. Betty Bullock, President Sunset Cove Development, Inc. PO Box 1685 Jacksonville, NC 28540 June 1, 2001 Topsail Sound / 1CWW / 18-87-10 „SA#' n/a 1.5 2.14 Lot 4 = 1,528 ft2 Lot 5 = 1,810 ft2 Lot 6 = 1,909 ft2 Lot 7 = 1,914 ft2 Lot 8 = 2,508 ft2 Lot 9A = 2,173 ft2 Lot 913 = 2,312 ft2 Lot 9C = 2,387 ft2 none, per Engineer 4" (� overflow pipe to vegetated filter (standard for all systems) 0.90 Sand/Clay/Debris Mix, trenches will be filled with select materials, i.e. clean sand 0.52" per hour 3 State Stormwater Mana-enient S�rstems Permit No. SWS 000905 DIVISION OF WATER QUALITY PROJECT DATA SHEET 17 Underground Infiltration Trench Systems 1A 1B 2A 213 3A 3B 4A 413 5 516 Required Storage Volume, ft': 43 82 43 82 57 57 57 57 60 1,168 Provided Storage Volume, ft3: 46 88 46 88 60 60 60 60 64 1,236 Overflow Elevation, FMSL, 6.4 6.4 6.4 6.2 5.9 5.9 5.9 5.9 5.2 5.0 Bottom of Trench Elevation, FMSL: 2.90 2.90 2.90 2.90 2.90 2.90 2.90 2.90 2.90 2.90 Seasonal High Water Table, FMSL: 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Time to Draw Down, hrs: 38.4 38.4 36.1 3 6. 1 3 2. 9 32.9 32.9 32.9 25.2 23.0 Drainage Area, ft2: 366 694 366 694 476 476 476 476 .504 11,376 Total Impervious Surfaces, ft=: 366 694 366 694 476 476 476 476 504 9,751 6 7A 713 8 819A 9A/913 913/9C Required Storage Volume, ft3: 60 60 60 60 930 472 755 Provided Storage Volume, ft3: 64 64 64 64 972 480 775 Overflow Elevation, FMSL: 5.7 5.3 53 5.0 4.6 4.4 3.8 Bottom of Trench Elevation, FMSL: 2.90 2.90 2.90 2.90 2.90 2.90 2.90 Seasonal High Water Table, FMSL: 0.90 0.90 090 0.90 0.90 0.90 0.90 Time to Draw Down, hrs: 30.7 26.3 26.3 22.9 18.7 16.5 9.9 Drainage Area, ft2: 504 504 504 504 10,375 6,888 9,669 Total Impervious Surfaces, ft': 504 504 504 504 7,691 3,811 6,170 4 State Stormwater Management Svstems Permit No. SV18 000905 II. SCHEDULE OF COMPLIANCE l . 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 submittinn a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Committee (ARC) is required to review plans for compliance with the BUA limit, the plans reviewed must include sidewalks and driveways. Any approvals given by the ARC do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The following items will 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. e. Further subdivision, acquisition, or sale of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 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 it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 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 In 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. Decorative spray fountains will not be allowed in the stormwater treatment system. 11. 1 f the stormwater system was used as anErosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. State'Stormwater Management Systems Permit No. SW8 000905 12. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. Prior to transfer of the permit, the pond must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 14. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. C. 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. a. Access to the outlet structure must be available at all times. h. The vegetated filter shall be kept free of erosion. The spreader mechanism shall be kept free of sediment and trash, and shall evenly distribute the runoff across the width of the filter. 15. 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. 16. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the form: a. "The maximum built -upon area per lot is: Lot I = 1,462 ft2; Lot 2 = 1,515 ft2; Lot 3 = 1,451 ft2; Lot 4 = 1,528 ff; Lot 5 =1,810 ft2; Lot 6 = 1,809 ft2; Lot 7 = 1,914 ft2; Lot 8 = 2.508 ft2; Lot 9A = 2,173 ft2; Lot 9B = 2,312 ft2; and Lot 9C = 2,387 fC-. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion ofthe 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." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." "Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State." d. "Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations." e. "All runoff on the lot must drain into the permitted systems. 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 naturally drain into the system are not required to provide these measures." 11 State Stormwater Management Systems Permit No. SW8 000905 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must bear the signature of the Permittee, the deed book number and page, and stamp/signature of the Register of Deeds. 18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 19. 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. Ill. GENERAL CONDITIONS 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 "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case of engineered systems, will also be required. 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. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The 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. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 7. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the I3th day of June, 2001. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW$ 000905 7 State Stormwater Management SN'stems Permit No. SNNIS 000905 Harbor Pointe Stormwater Permit No. S WS 000905 Pender County Designer's Certification Pa`e 1 of 2 1, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, j ect) for (Proj ect 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 8 State Storm -water Management Systems Permit No. SWS 000905 Certification Requirements: Page 2 of 2 l . The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is'located per the approved plans. 6. Trash rack is provided on the outletlbypass structure. 7. All slopes are grassed with permanent vegetation- 8. Vegetated slopes are no steeper than 3 -.1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. I]. Required drawdown devices are correctly sized per the approved plans. l2. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Sam Altman, Topsail Beach Building Inspections i ti State Stormwater Management Systems Permit No. SW8 000905 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 ofArticle 21 of Chapter 143, General Statutes ofNorth Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION 1S I-IEREBY GRANTED TO Sunset Cove Development, Inc. Plarhor Pointe Pencler County FOR THE construction, operation and maintenance of 17 infiltration trench systems in compliance with the provisions of 15A NCAC 21-1 .1000 (hereafter referred to as the ".stormrvcrter rules') and the approved stormwater management plans and specifications and other supporting data as attached and on fie with and approved by the Division of Water Quality and considered a part of this permit. ']'his permit shall be effective from the date of issuance until .tune 13, 2011 and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS 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 runoffas described on pages 3 and 4 of this permit, the Project Data Sheets. The subdivision is permitted for 1 1 lots, each allowed the following amount of built -upon area: Lot 1 = 1,462 ft2; Lot 2 = 1,515 ft2; Lot 3 = 1,451 ft2; Lot 4 = 1,528 ft2; Lot 5 = 1,810 ft2; Lot 6 = 1,809 Ft', Lot 7 = 1,914 ft2; Lot 8 = 2,508 ft2; Lot 9A = 2,173 A 2 ; Lot 9I3 = 2,312 ft2; and Lot 9C = 2,387 ft2. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. Tlicse underground trench systems must be operated with a 50' vegetated filters. 2 State Stormwater Management Systems Permit No. SW8 000905 Project Name: Permit Number: Location: Applicant: Mailing Address: DIVISION OF WATER QUALITY PROJECT DATA SHEET Harbor Pointe S W 8 000905 Ponder County . Ms. Betty Bullock, President Sunset Cove Development, Inc. 1'0 Box 1685 Jacksonville, NC 28540 Application Date: June 1, 2001 Name of Receiving Stream / Index 9: "Topsail Sound / ICW W / 18-87-10 Classification of Water Body: "SA" If Class SA, chloride sampling results: n/a Design Storm, inches: Project Area, acres: Total Impervious Surfaces, ft2: 33,967 11 lots at: Lot 1 = 1,462 ft2 Lot 2 = 1,515 ft2 Lot 3 = 1,451 ft2 Roads, ft2: 13,098 Parking, ft2: 9,957 Offsite Area entering Pond, Ill: Controlling Orifice: Seasonal High Water "Table: Type of Soil: Expected Infiltration Rate: 1.5 2.14 Lot 4 = 1,528 ft2 Lot 5 = 1,810 ft2 Lot 6 = 1,809 ft2 Lot 7 = 1,914 ft2 Lot 8 = 2,508 ft2 Lot 9A = 2,173 ft2 I.,ot 913 = 2,312 ft2 Lot 9C = 2,387 ft2 none, per Engineer 4"4 overflow pipe to vegetated filter (standard for all systems) 0.90 Sand/Clay/Debris Mix, trenches will be filled with select materials, i.e. clean sand 0.52" per hour 3 State Slormwater Management Systems Permit No. SW8 000905 DIVISION OF WATER QUALITY PROJECT DATA SHEET 17 Underground Infiltration Trench Systems IA 1 B 2A 213 3A 313 4A 4B S 5/6 Required Storage Volume, ft': 43 82 43 82 57 57 57 57 60 1,168 Provided Storage Volume, ft': 46 88 46 88 60 60 60 60 64 1,236 Overflow Elevation, FMSL.,: 6.4 6.4 6.4 6.2 5.9 5.9 5.9 5.9 5.2 5.0 Bottom of french Elevation, FMSL: 2.90 2.90 2.90 2.90 2.90 2.90 2.90 2.90 290 2.90 Seasonal High Water `fable, FMSLL: 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 090 Time to Draw Down, lirs: 38.4 38.4 36.1 36.1 32.8 32.8 329 32.9 25.2 23.0 Drainage Area, ft2: 366 694 366 694 476 476 476 476 504 11,376 Total Impervious Surfaces, ft2: 366 694 366 694 476 476 476 476 504 9,751 6 7A 7B 8 8/9A 9A1913 91319C Required Storage Volume, ft': 60 60 60 60 930 472 755 Provided Storage Volume, ft': 64 64 64 64 972 480 775 Overflow Elevation, FMSL: 5.7 5.3 5.3 5.0 4.6 4.4 3.8 Bottom of "I'rench Elevation, FMSL: 2.90 290 2.90 2.90 2.90 2.90 2.90 Seasonal High Water Table, FMSL: 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Time to Draw Down, lirs: 30.7 26.3 26.3 22.9 18.7 16.5 9.9 Drainage Area, f12: 504 504 504 504 10,375 6,888 9,669 Total Impervious Surfaces, ft2: 504 504 504 504 7,691 3,811 6,170 0 State Stormwater Management Systems Permit No. SW8 000905 11. 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. If an Architectural Review Committee (ARC) is required to review plans for compliance with the BUA limit, the plans reviewed must include sidewalks and driveways. Any approvals given by the ARC do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit. 4. The following items will 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. C. Further subdivision, acquisition, or sale ofthe project area. "The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 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 it's 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. Decorative spray fountains will not be allowed in the stormwater treatment system. 11. 1 f 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 State Stormwater Management Systems Permit No. SW8 000905 12. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Mamial. 13. Prior to transfer of the permit, the pond must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 14. The permitter shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. C. 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. g. Access to the outlet structure must be available at all times. h. The vegetated filter shall be kept free of erosion. The spreader mechanism shall be kept free of sediment and trash, and shall evenly distribute the runoff across the width of the filter. 15. 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. 16. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section 1, Part 2. The recorded statements must follow the form: a. "The maximum built -upon area per lot is: Lot I = 1,462 ft2; Lot 2 = 1,515 W; Lot 3 = 1,451 112; Lot 4 = 1,528 ft2; I.,ot 5 = 1,810 ft2; i.ot 6 = 1,809 ft2; Lot 7 = 1,914 ft2; Lot 8 = 2,508 f12; Lot 9A = 2,173 ft2; Lot 913 = 2,312 ft2; and Lot 9C = 2,387 ft2. '['his 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." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." "Alteration of` the drainage as shown on the approved plan may not take place without the concurrence of the State." d. "Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations." "All runoff on the lot must drain into the permitted systems. 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 naturally drain into the system are not required to provide these measures." 0 State Stormwater Management Systems Permit No. SW8 000905 17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording; the plat, and prior to selling lots. "file recorded copy mList bear the signature ofthe Permittec, the deed book number and page, and stamp/signature of the Register ol� Deeds. 18. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting; data. 19. A copy of the approved plans and specifications shall be maintained on file by the Permittce for a minimum of ten years from the date of the completion of construction. 111. GENERAL CONDITIONS Tliis 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 Permittec, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of the deed of trust. Other supporting; materials, such as a signed Operation and Maintenance plan in the case of engineered systems, will also be required. 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. Failure to abide by the conditions and limitations contained in this permit may subject the Permittec to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittce 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. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittce shall take immediate corrective action, including; those as may be required by this Division, sLICh 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; ol'a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 6. Permittec grants permission to staff of the DWQ to access the property for the purposes of inspecting; the stormwater facilities during; normal business hours. 7. "file permittee sliall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the 13th day of .tune, 2001. NORTH CAROLINA ENVIRONMLNTAL MANAGEMENT COMMISSION Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 000905 VA r I Ss' '� C� . N . Gg r/'o ! i Gent s �.c.t��-tr •a� LG G L� � 8 �-/i�rlor f A2 h, G, ����! �►�6 �a 3. r3, a3��[d�.r5 Co.y��n�� [mot 7 fs . x„w. 6--ct r; S. 5;.nrno.•? t 2So[ �sq�rc ��;dc A)G 2753c ISBN-[sn j L f-Z Elntity Names http://www.secretary. StatC.TIC. a s/Corporali oii s/Corp.asp?4844719 TE 41 Corporation Names Name O. H. Carroll Construction, LLC Limited Liability Company Information SOS1D: 0521952 Status: Current -Active Name Date Formed: 2/22/2000 Citizenship: Domestic State of Inc.: NC Duration: 12/312010 RT Corporations Date: 6/28/2001 Document Filings Name Type Legal NC Registered Agent Principal Office No Address Listed Agent Name: CARROLL, OSCAR H Address: Registered Office Address: 619 South Topsail Drive Surf City NC 28445 Principal Mailing No Address Listed Address: Registered Mailing 619 South Topsail Drive Address: Surf City NC 28445 I of] O6/28/2001 3:14 I'M I5b3PG246 31(D�bu PB NBER COUNTr !tC 03/30/2000 r"n at"" i $1300.00 Prepared by: W 1 ; 'MXLSTED, DOTSON & CARTQUN4 goal Estase �)''�II�ii�� Parcel No: �_ 1 Exrlso Tax Mal 1 to: rr3'' Sunse�tYrCdve ' 66, pa ment , Inc. z-)5anw.�5q 0 v1 ►.IC. n C!•Irc i• r•Rnrl - Y Wr STAMPS: WARRANTY DEED NORTH CAROLINA G tiWW COUNTY too R THIS DEED, made this LbLL- day of March, 2000, by and between TP, INC., a North Carolina Corporation, hereinafter referred to as Grantor, and SUNSET COVE DEVELOPMENT, INC., a North Carolina Corporation, hereinafter referred to as Grantee; W 1 T N E S S E T )i: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee, its successors and assigns, in fee simple, all that certain lot or parcel of land situated in Surf City, Pender county, North Carolina, and more particularly described as follows: TRACT I: BEING all of Lot numbers 1 through B inclusive as shown on map entitled "Recombination of Topsail Landing" prepared by Charles F. Riggs and Associates, Inc. on January 10, 2000 and recorded in Map Boo): 33, Page 17, Slide 445, Pender County Registry. TRACT II: BEING all of Lots 9A, 9B and 9C as shown on map entitled "Recombination of Lot 9 of Topsail Landing" dated January 10, 2000 and recorded in Map Book 33, Page 18, Slide 445, Pender County Registry and being the lot formerly shown as Lot 9 in Map Book 33, Page 17, Slide 445, Pender County Registry. SUBJECT TO RIGHT OF WAY OF INTRA COASTAL WATERWAY. SUBJECT TO RIGHT OF WAY OF NC HIGHWAY 210 AND NC HIGHWAY 50. TO'HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee, its successors and assigns in fee simple. And the Grantor does covenant that it is seized of the premises in fee simple, and has the right to convey the same, that the same is free and clear of all encumbrances, and that it will warrant and defend the title herein conveyed against the lawful Recorded Bend Verified Joyce M. SwicesoGd render GountS, N0 �171•r- g o i m 7 n f 3 1y.1 k z to IF O !1 V 41 ��s r E,. iys.�fiku rt71�4 ! s s { j y ,� `!• f.ry � w C !-RP�ry"�4 --N7`}'�4"Ta.f r.��` �t'.7 �'� d�.�::•;i .... r,�s-E, f:.j i�t�,.-, __.r"_.y"}� �>F s t.- 6,, „?,s �.,r,.;.! +' _ n. 00 MAY 2 AM to. 58 YEHDFRiC0UH7Y HC e5127J2t100 JOYCE 8 SWICEGOOD $29Cl.00 REGMER OF DEEDS �;. s<pn OF O RpuMA Real Estate PENDER 30UNTY, NC Excise Tax t, RX054 Tax $290.00 Recordtng'C1m..000%k and Paws Tax Lot I3o...... _._�_._ _Mww _ _ ,„.,Farrah IdentiSer No ............ ._4. ...... 4'e'led by ._ �. ,.,...�. _.. _ Gounty on the____ bay of by Mall after rocardin$ tO.R_ ,D�nie1 R12zoy P� O.,aox 956,,, •Aunty,. NCB 2h133S���w�ll W` _,.. � �_,� __ � . „ This instrument was prepared by„R..Danie3 Rizzn, ACtorne+watGaw,�M_w^__� T� „_T__� Brief description for the Index !TRB4A P02KfE NORTH CAROLINA GENERAL WARRANTY{ DEED 2D b and between THIS DEED made this_. 19th ...der of.�..._._...._._....._.._..._..___..._.„ MaY , Db.fl�_..., Y GRANTOR GRANTEE Sunset Cove Development, Inc. New Century Homes, LLC P. o. Box 1605 B. O. Box 727 Jackaorlville, NC 29540 Dunn, NC 28335 £nler 1n appro0rtala hfselr ter <.va parkl; nan+e, „ddretr, and, t! appreyri. te, eh.raelar sl enlllr, aq. carpets ifoy ei'partausNp:^'•,,��. The desitnation Grantor and Grantee as used herein shall include said parties, thsir heirs, aucceaeors,' arid'axolgnej and small include singular, plural, masculine, feminine or neuter as regairod by context. WITN£5S£T34, that the Grantor, for a valuable consideration paid by the Grantee, the receipt' oL'.which is hereby acknowiadged, has and by these presents does grant, bargain, sell and convey unto the Grantee iti fee ailitiple, il)' that certain lot or parcet of land situated in the City uf, „ „ �_ TO_a �_ Township, County, forth Carolina and name psrticulnrly described as follows: Being all of Lot: 2 of Harbor Pointe as shown an map entitled "Revised Recombination Plat Showing harbor Pointe" prepared by Zahn L. Pierce b Associates, P.A. or% May 1'�2004 and recorded in Map Book 33, page 47, Slide 448, Ponder County Registry (formerly Lot 2 of MTopsail handing as shown on map recorded in Map Book 33, Page 17, Slide 445, Ponder County Registry). Subject to right of way of i:nt:ra Coastal Waterway. Subject to sight of way of MC Highway 210 and NC Highway 50. o `T0 o�7 F Tftc 04` 019 t; ', •�l 1 H.C. Bwr Unoaiation Form No. L-3, O 1976, Revised L 1917 Yh11 It .* roti W P..x apaawa ].l.atr W. a01 oil i . L.ve1.Clon 0f I 14a " 1". 4ck 3 BNI535PG03I Tax Lot No ............. t Verified by.....`........ by..................... PENDER B COURTY NC 05/19/2000 STATE QF $270. 00 Fi �RpLINA J! V. Real Estate / Excise Tax F LED 00 MAY 19 Phi 1; 2 7 JOYCE H. SWICEGOGD hEGISTER OF DEEDS POIDER COUNTY,14C Excise Tax $270.00 1Recording Thne, Book and Page . ............................................................ Parcel Identifier No........................................................................... ........................:....... County on the ......,......... day of ........... ........................... ........ ........., ,Mail after recording to ......�a.y�or..... dwarda & Vatcher.,_Attorneys,,...P..0., Box1 1057 t Jackspny� �] e.,_„NC 28540 This instrument was prepared by ..,..,.Ga�lar, Edwards & Natchez, .Attorneys ......................... Brief description for the Index Lot 3, Harbor Pointe, Slide 448 NORTH CAROLINA GENERAL WARRANTY DEED THISDEED made this ................ day of ......... M: y.......... ....... .............................. 2000....... by and between - - -- GRANTOR SUNSET COVE DEVELOPMENT', INC., a North Carolina corporation GRANTEE WILLIAM H. BODENHAMER, JR. Recorded and Verified Joyce U. swicew"O . Reginter of Deed Yeadelr GocwtT l 10, Enter In appropriate block for each party: name, address, and, If appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein,,phall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or nduter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simpie, all that certain lot or parcel of land situated in the City of ......................... .....,..1�Psa� �..,........, ........ Township, Pender County, North Carolina and more particularly described as follows: Being.all of Lot 3, as shown on a plat entitled, -"Revised Recombination Plat, Showing IIARBOR POINTE" dated May 1, 2000, prepared by John L. Pierce & Associates, P.A. and recorded in Map Book 33, Page 47, Slide 448, in the office of the Register of Deeds of Pender County, North Carolina. Subject to the Declaration of Covenants, Conditions and Restrictions recorded in Book 157 5 , Page 3 53 , in the office of the Register of Deeds of Pender County, North.Carolina. lj �f. N, C. 11nr Assoc, r'orsn No. 3 n 197f,, Revised C 1977 - .9—F, Williams a Co.. 1 13- 127, gad+l, lll.. N, r, 77u95 ro r 11.v h. N [: a.. n,sna — F,t GK 1535PG032 f The property hereinabove described was acquired by Grantor by ftistrument recorded in ........ A snap showing the above described property is recorded in Plat Book ........... 3.3................... page......... 4177....,...... TO HAVE AND TO HOLD the aforesaid Iot or parcel of land and all privileges and appurtenances thereto belonging to .the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee Simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be Signed in its corporate name by Its duly authorized officers and Its seal to he hereunto affixed' by authority of Its Board of Directors, ti.e day and year first above written. SUNSET COVE DEVELOPMENT, INC. - - - - - ----------- - ------- ------------------ ---(SP.A") f rCorporate Name)►a f1! i T V. r o- , By:--------- - - - J---------------------------------------------------- --- - _(sEnL} _____President ATTEST: ` - n n - - - - - -------- --- -'------- --- -- -_(SEAL) (/�`i{'/lam/'„/C/ --------- - --- - - - - ---- ----- --- -- --------------- fA .______, ___-_____Secretary (Corporate Seal) `_____. �] SEA1.-8TAMP NORTH CAROLINA-----------------------------------COn[lty. I, a Notary Public of the County and State aforesaid, certify that ------------------------------------------ _ _s i0 rn = - - Grau t 1.1 �• •'� In personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this --------- day of ______________________ ' - My commission expires: ______________________________ ---------------------------------------- Notary Public NORTH CAROLINA ______County, �`F 1, at Notary Public of the County and State aforesaid, certify that L/7 Li `rQ�_ll[L� �_P r�`T________- ' CC =0 'A,9 ��5� X personally came before me this day and acknowledged that _�7 he 1i ___________________________ Secretary of _-S------:--COVe-DeVeZO�la2Ilt,--Inc .-------- a North Carolina corporation, and that by authority duly u given and as the act of the corporation, the foregoing Instrument was signed in Its name by its _„--_---___ U4i A80�J President. sealed with its corporate senl and atteste�y her-___ as its „„_________________________ Secretary. Witness my hand and official stamp or seal, this L_(__y_day .----May ------------------- ME, 11Iy conunlsslou expires: __i---- ---- - ---- --- -- --I't -- ---- -- - ---- Notary Public The foregoing Certificate(s) of ----- - ------ „- ------ =-- - ----- - - -------------------------- ------ --I -- Is/are certified to be correct, Thls Instrument and this certificate are duly registered at the dale and i the (look and Page shown on the first page hereof, IQ5 Fort ------ ----- JD CE -------__ ` -------COUNTY t113 By ----- ___________________Deputy/ staj-Iteglster of Deeds Ill"l N. (:. iisr Ascnc, fnnu No. 3J 1976, Etevised ©1977 — Jemc, w n .,n, s co., i�L., ne. i z7, v.aki.�iu.. N. c. nosy N, ,r l by A3--t wIth the N, C. Sal Assoc, — 1981 FEN9EA CoONTY NC 05/19/2000 $210.00 81ATE RtH pti lNA i(Eli � Real Estate Excise Tax � � a Excise Tax $270.00 FILED 00 MAY 19 PH It 29 JOYCE M. SWICEGOaD REGISTER OF DEEDS PENDEH COUNTY, NC 8KI585PGO45 Recordiog Time, Book and Page Tax Lot No. — ............... .. Parcel Identifier No......................... Ve 'red by A .................................. County o►► the ............. day of ................ by....................................................................................................................... g Ga for Edwards...... Vatche.r, ..tonne s P Q Box. 1057 gacksonvil.le NC 285 a►I after recordin to ........y....... �............. Y,...:.......�... .....................I....... This instrument was prepared by .... Gaylor,,.,Edwar,ds.... &..,Varcher,.AtGpr.neys......................................................................... Brief description for the index Lot 4, Harbor Pointe, Slide 448 NORTH CAROLIN.A GENERAL WARRANTY DEED THIS DEED made this ................ day of ............... ..... May. ........ ....... ...1.... ... .... I 2.OQQ—, by and between GRANTOR SUNSET COVE DEVELOPMENT, INC., a North Carolina corporation GRANTEE GAYLOR, EDWARDS & VATCHER, a North Carolina general. partnership Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporaliou or partnership. The desig►aation Grantor and Grantee as used herei►yJtall include said parties, their heirs, successors, and assigns, a►id shall include singular, plural, masculine, feminine oi• neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, ali that certain lot or parcel of land situated in the City of.................................................................... ....;L.op.P;4t.................. 'Township, ............Pen e.r........................ County, North Carolina and more particularly described as follows: Being all of Lot 4, as shown on a plat entitled, "Revised Recombination Plat, Showing HARBOR POINTE" dated May 1, 2000, prepared by John L. Pierce & Associates, P.A. and recorded in Map Book 33, Page 47, Slide 448, in the office of the Register of Deeds of Pender-County, North Carolina. Subject to the Declaration of Covenants, Conditions and Restrictions recorded in Book LS-75 , Page 433 , in the office of the Register of Deeds of Pender County, North Carolina. �� ed e,ntl. 'L'erifie� Joyce�• �*ice�oo r�1 Register of Uaet Fender Gcu¢310 1�0 N. C. Bar A"au, f mm No.3 0 1976, Rcvil,d n 1977— Jv— Mill—, & Cn, sly• 527, •dklnv{lt., N,C 77055 r,bn.S h,, Aw,. ,,,M N. C. Pn•.....,_,vgl RK 1505pG046 The property hereinabove described was acquired by Grantor by j;nstrument recorded in.............................................................. A map showing the above described property is recorded in Plat Book...................33............ page......, 4.7.............. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all' persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: IN WITNESS WHEREOF, the Grantor has hereunto set his hand and SeRI, or if corporate., has caused this instrument to be signed In its corporate name by its duly authorized officers and Its seal to he hereunto affixed by authority of Its Board of Directors, the day and year first above written. ll SUNSET COVE DEVELOPMENT, 1NC. 9 - (Corporate Name) ____.,_--- _-»--------------President ATTEST : ` - ------ --------------- __ 1.------------ __`,4�e_'__� _ ___Secretary (Corporate Seal) j,_1 •l�.a -------------------------------------------------------------(SEAL) a r O W-------------------------------------------------------------(SEAL) l rr >J i�-------------------------------------------------------------(SEAL) r� W -------------------------------------------------------------(SEAL) NORTH CAROLINA----------------------------------- county. A 1, a Notary Public of the County and State aforesaid, certify that__________________________________________ --------------------- ___________-_-____-_________--___-___________________________-..__- Grantor, tF � , personally appeared before me this day and acknowledged the execution of (lee foregoing instrument. witness my u p hand and official stamp or seal, this day of , 111y commission expires: ______________________________ ---------------------------------------- Nutary Public 5 AL-S MP NORTH CAROLINA, ---- OnSIflW ---------------County. czow �� I, a Notary Public of the County and State aforesaid, certify that ........,,,,ti.Cpersonally came before me this day and acknowledged that 6__ lie is ___________________________ Secretary of pYAg1)A5 SUNSET COVE DEVELOPMENT, INC. _______________________________________________________ a North Carolina corporation, and that by authority duly 0�given and as the act of the corporation, Llee foregoing Insttrtument was signed In its name by its _______________AVBL�G President, sealed with Its corporate seal and attes/teed} by ___1�__ as its ___________________________ Secretary. u►fitness my hand and official stamp or seal, this L J day of _____ Mai___- , 2000 Go��+�� ro- Ia��o rk. »« •. AIY commission expires: _--- 1 _ ------------- --- - -- -- - ----- ------ ------ Notary Public The foregoing Certificate(%) of ------------- ---- -------- -- _ _ -- ------------------ ------------------------- -- - - -------------- -- !s/are certified to be correct, This Instrument and this certificate are duly registered at the date and time ands} he Dooh and Page shown on the first page hereof. // ` ------------ - - - -- --- -- -- REGISTER OF DEEDS FOR----- -_ _---- --- ------ COUNTY 13Y ---- ----------------------------- Deputy/A'9sistairt-Register of Deeds @d N. C. Il:lr Assoc. Form No, .3 © 1976, Itevised © 1977 - Jemn W{i;ieme 6 Ca.. Ise., HoK 12T. �Wklevilre, N, C 27055 P10110i by Ay- I with 011 N. C. n,, A%e ,, — 1981 �t s B1(I 635KI 16 GO G T 31 PI's Il: P3 PENDEtl 000HST NC 10/31/200(} ' �,� 1ECUS $B60.00 il.':ti S i ER 0 sterL NA �'' 1'� peat Estelc CCUIICY,tic �pPl pP9u�'19I Excise lax Excise Tns $860. 00 I Recording TYmr, Book and Page TaxLot Nn................. ............... ........................................ ................... ,............. ............Parcel ldentirier No.........................................................,.......................... Verified..._ ........................... ................. ....................... ._......... ...... County on the ............. _........ day of........................................................................ 19........_.... by..................... ....._........................---.......,..............................................................................,..,............. Ldiil of er recording to._ ...... ss and Fairley, 11tt_o171eY5,.-_F..O......BCu,_254.,...Surf.....iLy.A..i7._..2.9.9.5..--............ ,.,..._... Zoy10 v .— ----- - This initr-unent was prepared by ..P_._Daniel_Rizzo, At[orney_at_Law _ __ 13riaf desi•_ription for the lades LT S, HARBOR p0[ATE NORTH CAROLINA GENERAL WARRANTY DEED THIS CPE1^. made this.26l:b........ day of.....Oc.C.oher.e....20.0.11— ...... - ..... lix.......... . by and between GRANTOR GRANTEE Hameco Builder„ Inc. Norbert E. Simmons and wife, Daisy S. Simmons P. 0, Box. 27D4 2501 Isaac Drive Surf Cicy, NC 28445 Goldsboro, NC 27530 ReOGI�dBd and Verified Joyce k , of D,-nad ,(Z fs8-ii ear of Deeds/�Fi�� PesldEr County, ND Enter In .ppraprI. tr block rer tech p.rly: n.rnc, addrrss, and, If ipp—pri.tt, character of tnllly, e.q. edrpora lien or p—tnteshlp. The designation Grantor and Grantee ns used herein shall include Said parties, their heirs, suceensors, and assigns, and Shall include Singular, plural, masculine, feminine nr neuter as required by context. WITNESSETH, that the Grantor. fur a valuahie considcratiun paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant. bargain. sell and convey unto the Grantee in fee simple, all that Topsal certain tut or Pas'rel of land situated i=1 the Citti of -----............. ........_-....._............... ....... ........_._..._....-.-...i........_................... Township. _._.__-............ Pende,r,........... _... ,Cotmly- North (arrdina and more particularly described as Follows: Being all of LokE i,?&Harbor Pointe as shown on map entitled 'Recombination Plat Showina Harbor Pointe'/ prepared by John L. pierce & Associates, P,A. on june 19, 2000 and recorded in Map Book 33, Page: 65 Slide 449 Pender County Registry (formerly Lot: 5 of Topsail Landing as shown on map recorded in Flap Hook 33, Page 17, Slide 445, Pender County Registry}. Subject to right of way of Intra Coastal waterway. Subject to right of way of MC Highway 210 and 1TC Highway 50, 7-/ N.C. Bar Aoeocis.tion Form No, L-3, 0 2976, Revioed P 1977 `1�{�*,��� rele SC—M F— ne• all,tn .pPre—d terl3, by, L ru Tn. +. C. e.e ....Cl •r len•..a 'rn. +. C. Ae.dr l•[I.� oe eealcarr•, lore MCa>• gel r . . .. . .. . FILED 00 APR 20 Alf B: 46 PERIDER t:omtry RC 04/20/2000 JOYCE M. SWICEGOOD S200.00 RE6ISFER•6F DEEDS Bran of ?ENDER COUNTY-X 'AOZLILI A ii Ra91 Estate V Excise Tax rxcisa Tax 52oa.oa Bli45�5PC35� Recording Time. Boob and Page Tax Lot No . .......... .._.,-.„--......__.._.__._.............. _............ ___..... ............ .........»Parcel Identifier No. Verified by _,„-____.___._._......._...._._..._...., County on the ..... __ .............day of 19 Mail after recording 40_??:.. Daniel Rizzor P..»0: _Box _.956,.«.�n,._.NC..._,2033I'll5 __._.. _».^.._....._ _.._.-.» ...--•-^•--•- This.ibAruMent'was prepared BriCf deecriµtion f.of the Index LT 5.FihH80A POIHTF NORTH CAROLINA GENERAL WARRANTY DEED THIS DkPti made this._..19th.-.^daY of..._._....___..„... _.__........_.....April__ ,19,a0•--_, by and between GRANTOR Sunset Cove Development, Inc. P. 0. Box 1685 Jacksonville, NC 28S40 GRANTEE HomeCo Builders, Inc. P. 0. BOX 2704 Surf City, NC 28445 ?E d4 Enter In appropriate blocs far each part?; ram , addrear• and. it appropriate, charaoier of entity, e.Q. eorporallon or partncrshfp. The desigoation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, maaculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable cnnsideratinn '. paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain. sell and convey unto the Grantee in fee simple, at; that To sail • certain lot or panel of land situated in the City- nf,.,._._•__„...•„_,,,-__-,_-__......_...__...._. _ ka ___......^...__.._..... Township, �� Fender I' ... --_».-_•----•---.-------------_--..-County, Barth Carolina and more p,irticulurly described as follows: Being all of Lot 5 of Harbor Pointe ac shown on map entitled "Recombination Plat Showing Hazloor Pointe" prepared by John L. Pierce & Associates, P.A. on April 5, 2000 and recorded in Map Boole 33, Page 39, Slide 447, Pender County Registry (formerly Lot 5 of Topsail Landing as shown on map recorded in Map Book 33, Paga 17, Slide 445, Pender County Registry). Subject: to right of way of Intra Coastal Waterway. Subject to right of way of NC Highway 210 and NC Highway SO. Recorded and Verifiytl Joyce M. Sivicego ;�i of Deeus ruador County, so B.C. Bar Aonocfation Form No. L-3, 0 1976, RDT:Luod o 1977 (:r� ■�� n,le ecudard eon • b.n ,pprw.a jointly br, � ll St+e .. C. a.r ,u.oe3.[!oo a,y rr,e X. C. R.e oclartan of tr•ltorr•, ins, na+ oea 07/31/2000 013:28 9le8929103 R DANIEL RI220 ATTY / PAGE 02 :x.1 pEROia C0111TY NC 04/20/2000 ' $200.00 rrattarIH, f1 WNA lfS si±3 Lf,���91 Real Estate Excis9 Tax Excise 'Ihx $ 2 0 0 .00 FILF 00 APR 20 A 8: 44 JOycE ki.5 41C G000 AEO�STER of FEQS FEHOF C0UN Y NC BK 1515PG344 Recording Time. Book and Page TaxLot No.l.................__... _... ..........---... -.._.._..._......_..-__-_.............. ..... --Parcel Identifier No. Ver' by` 6» ...................... -........ ......... County on the .............. - .... ..day of bY..... ..._--.-........... /...._................................. _............ .................... ---................. _............................ , 19 Mail After recording to_Rr. Davie Rizzo P, O. Sox 966r Dunne NC» 20335..._............ ..-____-__._...._..._ _ .....»......---- --- --...._..._........- _- ............. ......... iryshrwniht',vaa prepared by_R.:....Daniel Rizzo, Attorney at__Law ......... _........ ....._._............................. Hrigr: crj tiMi.rnr the Index lT 6,HAR90R POINTE ©RTH CAROLINA GENERAL WARRANTY DEED THIZDEb"D friade this .....19Ch day of._.....-__W» April.. ? by and between GRANTOR Sunset Cove Development, Inc. P. 0. Box 1665 Jacksonville, NC 28540 GRANTEE John L. Pierce P. 0. Box 1985 Jacksonville, NC 26540 Enter In appropriate block for tech party: name, address, and, it appropriate, ch.rseler of entity, e.q, corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and asaigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable Consideration paid by the Grantee, the receipt of which is hereby aclmowledged. has and by these presence does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain Sot or parcel of land situated in the City of ... -__................. To sail County. North Carolina andj-mnre particularly described as follows_ Being all of Lot 6 of Harbor Pointe as shown on map entitled "Recombination Plat Showing Harbor Pointen prepared by John L. Pierce & Aeeociateo, P.A. on April 5, 2000 and recorded in Map Book 33, Page 39, Slide 447, Pender County Registry (formerly Lot 5 of Topsail Landing as shown on map recorded in Map Book 33, Page 17, Slide 445, Pender County Regiztryl. Subject to right of way of Intra Coastal waterway. Subject to right of way of NC Highway 210 and NC Highway 50. �e 1 4>1 Cty rr, is 101� �� }' 's. �Y D c'q0 r. �'` ore oc, N.C. sar Asnoaiat'.ion form No. L-3, ° 1976, Revised ° 1977 ``��( �� tn1. sc.omre r.— ea. seen avero•.a jointly ey, i )� M4 ., C. 0— Aeeeela[0oa •nA v P. C. A.•oel.cion at Reflton•, 1ne. Woo, 001 . . . . . . I . . 07/31/2000 09:28 9188929103 R DANIEL RIZZQ ATTY PACE 05 BK 1575PG34-S The property hereinabove described was acquired by Grantor by instrument recorded in ,Bock 1563 Page 246 A map Showing the above described property is recorded in Pender County: Map Back 33, Page 39, Slide 447, farjrly.Lot 5 as sngwn in Boos; 33. Page 17. Slid TO HAVE AND TO HOLD the aforesaid lot or parcel of land and a[ prlvilegee ail appurtenances thereto belonging to the Grantee is fee simple. And the Grantor covenants with the Grantee. that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persona whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is Subject to the following exceptions: Easements and Reacrictione of record- 2000 ad valorem taxee. 1N WITNeSs WNFREOr, the eran(or hn hrreuato ect his hand sad &eat, or if rpor•te, A" caused Call instrument to he rtaaed to ter earpoeaN name by Its duly authorized orlletrs and it& real to be hereunto AffNed by authority of its Board of Directors, the day and year fish ebvte writt'n. Sunset Cove Development, Inc. (DIAL) lCerporace xamel r s ---------------------------- _---------------- ,.__..----------- (S SAL) -...--Prtridrnt ArrXi : » ..----.... t,i.....:........... Secretary (Coreorab Ceai) rL, • , e M�•I TA,n . t 1 fit. C1� �•ttn . r ----- •----- --------- (SEAr.1 J. f 'r......... ..... .. ..... ..... ..... .----------------- .----- (SEAL) NORTH CAROL.NA,.................. .--------- Gevrlty. N 1. a Votary Public or tut County and state aforesald. certify chat ..... ..................................- y________________________________________________-_.-,____._ _ oraator. m Deesonany •ppiared before me this day and ecknowtedged the eaecutlon of Lisa [orelloina Instrument Wimesa my hand and offkiai stamp or teal, this -------- say of ----------------------------------------- la_IlO„ My eotnmla&lon txpi,..; ....... 1_ _ __________________ .-. .......... Notary Public SEAht,�xAllfp NORTH CAROLINA, Pender------ •__---------------- County, •,�� ttK. CoZ f'A 1. a Naeary Publle or the county and State atuttaatd, certify that •, .__,_�i~rlB31d__%-_ P�.BXC_e__..______- �f ct, .••""'•--. 9�, ', a peraanailY come before me this day and at knawledred [lest _ 5 he is ___-. S•eretary at ��4YQR i y S11ILs t'__C COVe Develop:ilen>tit_ ZIIC a NorttL Carolina rerporatton, And that by authority My y.. ' • �- riven and as too act at the corporation, the [orefatn= tnrtrumrht was flQned in It, acme by It. ............... L presielta6 se3d*d with Its corporate Beal and Attested by _hEr -__._ ar .- It _____--__-__-__ ___..___ 7ecra Cary. . to Ca = n 9qy ,y R'itneis my hand And offlrtal stamp or Beal, this 12t11_ aY of _______________•.lips] N r. ''.. CO sty commit exptrts: A6a22=iI3_----..._- K QQst --.--- Notary Publle .r. The la reretnr Certl lleau(U of .. _--•- -- ------ - - ----- is/are re•t![Itd to he tmrrrct. Thus lnitrumrnt and this ccrtlfMat, art duly re Slsteetd e1 the date And time and to the Reap and rare shown on the Ilea[ poor barwt- /l{rrs rr}} _�Y --- Ma SWICFGVOD_ _._ .-_• _._REaIb3's OP BEERS FOR._.j1,k\� „-__._____-004NTT By -_ . -t._1. �t`1� n, rI tom(]+/Ar.lsuut . Re'OW of H.C. Bar Aapocistion Form Ito. L-3, C 1976, Revioed ° 1977 `r�i' r��` .... ar.«y.y rod. hAA beco appra.ea Jelbely by? .-..,-._.• r.. pCBA ovl s ./•j.�.. , .le t 07/31/2000 09:29 9108929103 R DANIEL RIZZO ATTY r r 7 PAGE 04 a y(,G FILED 04 MAY -5 AK 8' 30 JOYCE M. SWICEGOOD PEaD¢R COUHTT HC 05/03/2000 REGISTER OF DEEDS 1 $270.00 PENDER COUNTY, NC etartoppF M F)nLINA Real Estate �p Excise Tax BK 158OPG335 Excite Tax $270 . 00 I Recording 71me. Book and Page TaxLot No . ................ ----.......»....._............_....... -...._... ........................ ....... _..... Parcel Identifier No. ................................ ._..... _............ ........................ _............... Verifiedby_q...... ..... _......... _......-.........,,...............County On the ....................... day of ..._.................................................... ._...., 19 ............... by Mail aft< „rrtordinQ to_R.;_ Daniel Rizzo P. O. Bax 966 Dunn NC 28335 T3iia VPtj.Lftnpnt tr,�ke•prepared by.,R.. .Daniel Rizzo, Attorn.e., �,..Law...............-----......................,.........._.... —................. ..... ....... a9riet 7C�rt ion ; lil•'the Index LT 7.tiAltBOA POIllTE -. .._..,:NORTH CAROLINA GENERAL WARRANTY DEED THIS IiLi+1U maids this. .4th _.....day of .. ..............................................._......._MaA...by and between GRANTOR Sunset: Cove Development:, Inc. P. 0. Box 168-9 ,,t v Jacksonville, NC 28940 GRANTEE Bobby E. Baird d/b/a B. B. Building Company 1202 Fairground Road Dunn, NC 29334 Enter In appropriate block for each party: name, address, and, if apyropriate, character of entity, e.q, eorpocallon or pu4ner3hlp. The designation Grantor and Grantee as used herein shall include said parties, their heirs, succeaeora, and assigns, and ■ball include singular, plural, rnaeculine, feminine or neuter no required by Conte-t. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee. the receipt of which is hereby acknowleciged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City nf.,_._. Topsail Townshi ...........7•,gndei . County, North Carolina an&irnore particularly described as follows: Being all of Lot 7 of Harbor Pointe as shown on map entitled "Revised Recombination Plat Showing Harbor Pointe" prepared by John L. Pierce ✓r Associates, P.A. on May 1, 2000 and recorded in Map Book 33, Page 47, Slide 442, Pender County Registry (formerly Lot 5 of Topsail Landing at shown on map recorded in Map Book 33, Page 17, Slide 445, Pender County Registry), Subject to right of way of lnzxa Coastal Waterway, Subject to right of way of NC Highway 210 and NC Highway 50. H.C. Bar Association roan No. L-3, ° 1976, Revised ° 1977 �(1 1'��[) Soi. S[..b Pam —. bean .ypr".d )ai.uy Dy: Jl l r11. a. Cad.� a.r a....10C en •M Sae p, C. a.w—Uan at ;l..1— , tAS. M1e11 001 . .. , . . . I , . . 07/31/2000 09:2B 1310SS29103 R DANIEL RIZZO ATTY PAGE 07 EX 158OPG336 The property hereinabove described was acquired by Grantor by instrument recorded in Book Z563, Page 246 A map showing the above described property is recorded in Book 33, Page 47, Slide 448 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same In fee simple. that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated, Title to the property hereinabove described is subject to the following exceptions: Eaeements and Restrictioris of record. 2000 ad valorem taxes. W WI'T?;ZSZ WREREOF. the Granter hoe hereunto get big bond and sea i, ar if eorporam, has canoed thig instrument to he Oraed AMfta corpente name by its duly authorised plfketa and its seal to be hereunto Arnxea by authority of itA Board of Direct-M the day and year AM above rrittea. .Sunset: Cove Development, Inc. (AXAL) ___ _______ [C orporake NameM---•-_--_�------ all: -----•--- -- ---•--•--•-'--'- --------------(S1:AL) i A ., .___MAJ.) •'r...-..__._.________________•_-.-___-_._-_____-_.______. _. _________________ ______ _.-_--.--- ________________ __._ ,_6eeretnry LC arPoraie Seall L __.__._•_____________(3aAL) a(�[ '4 •• MQ.rN CAROLINA. ............ •--------------------- Caonty. •� ¢•• +7 A Notary Ppeilr of the County and $fate a foregald. Certify that ~ rJr d • d ,. ¢ �11,3 a1:N1 � 4 . �'g !d -'id . Y appeared before far this day and achnowiedted the esetuttan at the fore[aln[ Instrument Witne4 my A (3 -person all h S. o.,lt?"j'hend aiva pttlpi;t e[;tnP or seal thU day at ------------- _.•____--------------------- is-Ilo_. n rymAnilinen i{pt{d .. MY romrn4elon t[Plrer:........ 1"_ __,_ Ieatary P¢hlle '. ,agx �7�FAi�• NO4SIr CAitOe-YbtA,P@AdEX---------- `------- _------ county. /� � e �. ��.tj(, (;Ql�.Ik., , ), a Notary public of the County and State afo-xald. certify that C_4414_S'__ ---C 4`�r:------------ t(,V 'r•�••�''•s '%: q , lac ac NnowleQaeQ that _ _ he !r of Personally came before sue thle day __________ ____ _________ ____ Secretary oI '.,NOT4�1�� SunseC_Cove_Developmenti_ IEi6_ __.._ a North Carolina torporatioh, and that by a¢thprity duty e given and as the act of the torporatioa, the foregaln[ instrument was sinned in Rt name by Its ___ .•_-------- N '. 141 , L`G Prettdeat, sraltd with Itc eorppratc seal and attested by _._ ae its __•______,_,__ -., Secretary. % Witpess my hand and offlelal stamp or oral, this 4th,. ar ! . .. _- MAjC_-,3nr_i},Q_-_ ''•�Nt`C01)Nt s'`� MY cammllsion expirer.. 06rj2=Il3--.----•--------- ._L _S:10-- --------- Notary Public The fareppth; Certificate(.) gig v-------------------------------------- ..-------------------------------------- Were eeceifled to be rorrael. rhia instrtiment and this ceftlricate ere duly retfgtered at the date and time and Ih the Dooh ed parr .horn an the fit. pate hose.{. i tftVr� lryt (�t�jj ��1 �}lt _.__CO Vhr1r7 �3�tleA[JV-AL-1{rt�tl El,t}t}1Mi_�_�as,_,__!�__._ __R[4fa'T[R OT aLEDd rOA._-._ .__,.____•_________________ My _•�fV-�-.y._Af,}(�//]�•;:J_C-?�_. DaPutrifMwhlaee�-4et ie[er of Deede N.C. Bar Aaaociation Pozen No. L-3, 0 1976, Ravised o 1977 5� '��[) .his sctme.m taro bee been -PPr d "i-t!_Y bra ` u 1 r*e d. C. her A—.ia;tea end The d. C. aeaecieticn or e.etcoca•. Znc. nC1f• oat - Sent By: Gaylor, Edwards & Vatcher; To: JOHN PIERCE At: 3461210 07/31/2000 17:03 9108929103 910 455 0117; Jul-31.00 5:03PM; Page 1/2 R DOU EL RIZZO ATTY , _) PAGE 01/02 TarLot No . ....................... .................. ._.... ......_............... .......... ........... ..... ._........ parcel Identifier No ........ verlAed by ..................... ...- .,._ .... _ ..__._ ..._-_.,County on the -------- --- —day of .....,,...._ ._ by- --- - ---.......,.._.....,.._...._.... ....... ..............._._............._.......... _......_..........,,_._. _ ._ ..,..............� __ __._ __ ,... ._ Mail attar recording to-R_ nanial_AitsEv,_•A�.o� _� §�.Fup4a__HC 7 ,<,.n. �_...„,^ - - This Instrument was prepared by-A..-oar�ttll Bilef disorlptlon for the Index LT 8,IWM IU1NIt NORTH CAROLINA G FN ERAL 'WARRANTY DEED THto D65U made thla...?th-....dsy of_ ....... ......_-•---...-.•--_•,-....... Junk_, . 1tlt4S.,..... by and botwcen GRANTOR auneot cave Vovelopment, arm. F. Q. Box 1685 Jackeonville, MC 10340 GRANTER Q. U. Carrvll C,nenotruction, L1,C 619 S. Topsail Drive Surf City, KC 20445 Baler to appeeprlste Week tar earl sarlr: Pans, addnu, oml, It arproprtsia, cdaraeler el entlly; 4C regNatian of parinrrship The dulgaatlon Grantor mid Crantoa as uosd herein shall Include oald parties, thole halts, euceadeore, and oviirnd, an shall Include singular, plural, msecullne, forninins or neutar as raduirod by oontext. WITNEMETif, that the Grantor, for a valuable c9nslderatlnn pale by the Grantoe, the raeelpt of which Ie hemb ac4nuwl.4acd, has ind by theca presents does prant, bargain. Boll and convey unto the Grantee In too olmple, all the certain lot or parcel of land situated in the CityToai1T_-... Townshl ....... County, North 04rollpa and rnnre prt'llcularly described ae foyuwa, Being a111 of Lot 8 o6 Illuebtir Pointe as olwrm op map entitled ■Reviaed R•aombiA•tion Plat. . Bhnwing Harbor Pointer" prapax-pd by John L. Pierce & A000C14tra, p.11. on may 1, 2900 and .. racgrded in MtW Hook 31, Pago 47, 811do 446, pander County Regivix-y lf'o=marly Lot 8 of Topsail Landing ae shown on mt+p recorded in Nay Hook 33,;Pago 17, elide 445, Ponder Cbaaty;,•,- Rogietryl• Subjeat to right of way of Intro. C000t4l Watbrw4y, Vubjecc to right of way of NC Highway 710 and NC Highway 50. I�ctn 14 16 4q Pa, g r1 t o g IZ-I I - oa 7�1:(.Ct3�6D ... _ ..__ r�_�..e_►�ws. o. L-9, a19�4.rROTi'i• a 1f77 A Sent By: Gaylor, Edwards & Vatcher; 910 455 0117; Jul-31-00 5:04PM; Page 2/2 137/31/2000 17:03 3108929103 R dANtEI_ RIZZO ATTY PAGE e2102 The property hrrslnsbove deecrlbed woo ocqulred by CrAntor py inetrttmcnt recorded In B°ok 1563, Page 246 A r.ep showlr6 the abovc described property 1a recorded In Hook 33, Pagc 47. Slide 449 TO HAVE AND TO HOLD the ■forapaid Nut or parcel or land And all privllegee and appurtenances thoroto belonglpg to the Grantvc In fca simple. And the Grantor covenants with the Grantee. that Gront-r to oelved of the pntn4as III fee aimplc. has the right to convey the earns in fad simple, thst title is marketable and free and clear of all ancumbrancob, and that Grantor will warrlttttsal defend the title stalnat the lawful clolnls of 411 persons whornadevar except for the exceptlons hereinafter stated. Tills to the property hereinabove dtscrlbed is subject to tho following exceptions: $aselnencs and ReotriCtiona oC record. Reetrlctiona appeaLrirtg at rocorded in Book 1675, Rw3c 331. Ir Irtr)taea L.nanFer, Le: erewL.. t.a. 61.ap.6e rrt b1. b..d awe -1, .r IF r ...L.. ).1 rws14 1alt 0ANUMOldAl. 16 Of a! nd as as .errosw pmr 011t d11ry ■VLapr.d.e efUtrra and Ua pal to ►l apr...w .Ilford by w.Ihorlly of Jim iost4 or otrertdre, lea der ee�rlar n111 .DOVV prllLce. ewLeet CvvC 17evely mewlt, Inc.--------------(aa4l.l --(C rr..t.a. No rr1.1 .a r v pr:..--------•..................................... ---IMAL) .............. n.Ld.Vt i Arks". A................ .------------------- ........................ taaAL) _..._.._... ..................... ... m ......•.............-,'...___ arrlolerY (Corporate perll r♦t -._-_ ..... ...........(VEAL) I1fA6417Ar1r nOnrl4 LAMULINA. ...... _.. C...tr. .. +$� err Valllr, of Lhe Cpe.t► and p1ALe atvn.ald..LrrIIU the& _____ ----------------------------------- .'. N..p...........................................'..................,......................------.. iFllatar. p......Jlr arYopled bolole the tall der and eelbowll Qspd the eareatlrrl or IM1e Ilrgoll+r IattfaMlaL *Wools MY V t1.. . �hand nd ert1/41 llama ar trrl. LMI �d�r or ............. .................. r1.n Y1r 40 aallriloe r.pnree:---------- ---------------•--- '...... '- ---........_....--- ------- rl-wy rualld eKAL.Y7AMp• rraaTlt CAMULINA, eCnder................... ...... C.enly. i . MOA17 rpallr of ". Co..b .ed ItaL. .d.rn.11, ..ewr la.o ----------- ............ .... ponrdlaY Qa d bN.t. Ota 1hL Mr e.d .c Ynowrtt>;ed lain ­Q. NO 1e .... .--------- .............. aNletdrr of ' ......t itatzfl�_ 479_m I•.ru Cerausa ..ry.e.N.e. o.e Ask by aelapfltp defy a siv.e .Vd M QM ea Of $be Lotpemajon, the brr.p.lar lie"rarnoal ray elsood In 14 nola! OY Its ............... {♦ frgldeoL >rrMtt 1yy■ 14 lofp•.". ...I ..■ "&..I.@ by _............ IL. _............:.. ...--_--- u asaPaMrlr Irtldreg e.a head and s(lrrlal nalap .r real. elm Zth._d&r of ... :.......... ::...YN.L.•... __... atr rtlmnlulop d.elnr: 116:1z:A3....:.................. .....:................ ............. xdgrr TIYIu' The lvleealn. Cerinlral.l.) .1..----------------- ....................... -----..------- ..... ---- ................................... .. /en e.rUfnd to Of 99-4%. 7h1. loatLVaent and'MIS 46-IM.t. ... d.)Y rg1.r••.• -+ La. dale .nd it-, ..d L.. tYr weal sal Pero she" en.$1• 1 ftl pals ■If e. J. ...._.-..- -------------------------- dr 01991>0 roe .................................... evLlrsY be ............ ............................................OLp.dlwnbLna-Rae6br .f ■..M >st•C. ray lYsaooi■eioa I1orm Ito, L 1. " 1916, aeviaed ° 1177 L�.l jxy, �•. a.•w.w ron r.. au .cvo•.d JmrOY 0Yi .. .. .[M .o� w7 J�U ! lR jtal 1 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Coastal Management James B. Hunt, Jr., Governor Bill Holman, Secretary Donna O Moffitt, Director September 14, 2000 CERTIFIED MA 31L # 7099 3400 0003 7009 0519 RETURN RECEFPT REQUESTED Mr. John L. Pierce Sunset Cove Development, Inc. Post Office Box 1685 Jacksonville, North Carolina 28540 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION # 00-41 D Sunset Cove Development, Inc. PENDER COUNTY Dear Mr. Pierce: Information gathered by the Division of Coastal Management shows that you have undertaken Major Development in violation of the Coastal Area Management Act (CAMA). No person may undertake Major Development in a designated Area of Environmental Concern without first obtaining a permit from the North Carolina Coastal Resources Commission. North Carolina General Statutes (hereinafter abbreviated NCGS 113A-118) . I have information that you have undertaken Major Development by the development of an eleven lot subdivision and by the construction of a bulkhead along approximately 859 linear feet of shoreline at Harbor Pointe Subdivision {formerly Topsail Landing), adjacent to Topsail Sound, in Surf City, Pender County. This development is being undertaken within Estuarine Waters, Public Trust Areas, and Coastal Shoreline Areas of Environmental Concern, and no valid permit has been issued for it. Therefore, I have concluded that you are in violation of the permit requirement of the Coastal Area Management Act. On March 20, 2000, CAMA General Permit No. 020312-D was issued to Jimmy Pierce for the construction of 350 linear feet of bulkhead and CAMA General Permit No. 020313-D was issued you for the construction of 344 linear feet of bulkhead. A Certification of Exemption was also issued to O.H. Carroll for the construction of 165' of bulkhead. It is now my understanding that when these authorizations were issued for the bulkhead construction, the property was in the common ownership of Sunset Cove Development, Inc.. These authorizations were issued based on your survey of Topsail Landing dated March19, 2000, which contained erroneous property owner information. The CAMA General Permits and Certification of Exemption are therefor null and void. 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 a Teiephone 910-395-3900 C Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Mr. John L. Pierce September 14, 2000 Page Two I request that you immediately CEASE AND DESIST any further development and contact me about this matter. A civil assessment of up to $2500.00 may be assessed against any violator. Each day that the development described in this Notice is continued or repeated may constitute a separate violation which is subject to an additional assessment of $2500.00. An injunction or criminal penalty may also be sought to enforce any violation_ NCGS 113A-126. It is the policy of the Coastal Resources Commission to assess a, minimum civil penalty of Three Hundred Fifty Dollars ($500.00) against all violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources which were affected and the extent of the damage to them. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. A site inspection will be made in the immediate future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. Once again, I request that you contact me immediately about these matters. cerely, J' son Fi d Re resentative cc: Charles S. Jones Bob Stroud, District Manager Jeff Richter, COE Mickey Sugg, COE Merrie Jo Mckky Floyd Stewart (LPO) '10i ,)( 1 HISTORICAL CHRONOLOGY U�J l (�U� and — N 'INVLSTIGA TIONS ASSESSMENT Jul 7, 1999 The CAMA application for Topsail Landing is for nine two story duplexes with water and sewer, boat slips, common boat ramp, and dredging. The size of tract to be graded is 2.073 acres. The current vegetation on tract is beach grass. The agent is Charles Riggs. The property was originally recorded in Map Book 26 Pg 78 as 12 lots. Right -or way release by USCOE is recorded in Deed Book 628 Pg 79. On Feb 24, 1999, the lots were recombined to create nine lots, Map Book 32 Pg 80. In March 1999, Ronald Bryant purchased the property, Deed Book 1470 Pg 108. The total property contains 13 acres, 2.073 of uplands known as Topsail Landing. The nine lots have been presold. Placement of asphalt over existing gravel driveway is necessary. The spoil site will be solely on the 2.073 acre tract. There is a stone water permit concern. Se t 1, 1999 NIr:�B ant sells the, ro ert to TP Inc= Deed Book I511. P 101 Ronal_, `P ry . p P y _ ( g ) d Bry a,rr is the registered agent of the company. Deborah Bryant is the secreta�y.+ Oct 20, 1999 Mr. Ronald Bryant applies for an erosion and sedimentation control plan. Nov 8, 1999 Topsail Landing Dredge Spoil Area plan is approved for 5.3 acres (2.1 acres surface and 3.2 acres under water). The map of the proposed spoil envelope documents 1.549 acres. The narrative says it is a proposed residential (duplex on each lot) subdivision. The site was previously cleared but weeds and grasses currently exist (Deed 1142 Pg 112). Iciu I0, 2000 The "Recombiruition of Topsail Landing" &platted in Map Book 33 Pg 17 Slide . _ 945 prepared by Charles _Riggs (T�act I). The "Recombination of Lot 9 of.Tops al Landing" is platted in Map Book 33 Page 18 Slide 445 (Tract II) Mcir 10, 2000 Sunset Cove Development, Irrc. buys Lots 1-8, 9A, 9B, and 9C (Deed Book `1563. Apr 79, 2000 Sunset Cove Development, Inc. sells Lot 6 to John L: Pierce (Deed Book 1575 Pg 334): John L. Pierce is the registered agent of Sunset Cove Development, Inc.. Betty Bullock is the president and Athena Pierce is the secretary._ Dan Rizzo is the attorney from Durrri, NC. This Lot has a house. - May 4, 2000 Sunset Cove Developrrrerrt, Lrc. sells Lot 7 to Bobby Baird B. 13, Building M Company (Deed Book 1580 Pg 335). Dan Rizzo is the attorney, This Lot has a house. _ __ -.� .. _ . k IIfgy 19, 2000 Sunset Cove Development, Inc. sells -Lot 2 to New Century Hotnes, LLC (Deed Book 1585 Pg 157). Danny Norris of Dunn, NC is the registered agent. Dar' Rizzo is the attorney. This Lot has a house. 1 fay 19, 2000 Sunset Cove Development, Inc. sells Lot 3 to William Bodenhanter (Deed Book �I585 Pg 031 j � _.�..._ _. _ _ . , May 19, 2000 Sunset Cove Development, lac. sells Lot 4 to Cay_lor, Edwards, and Vatcher (Deed Book 1585 Pg 044! Jun 7 2000, Sunset Cove Development, Inc. sells Lot 8 to O.H. Carroll Construction (Deed Book 1649 Pg 208). Dan Rizzo is the attorney_ This Lot has a house.!. Jul 24, 2000 Ms. Paith inspects site and requests a revised plan. The site land use has changed from a dredge spoil area to a development. Four homes are being built behind the newly installed bulkhead. There is a boat ramp connected to a new paved road access to the home lots. The entire area appeared to have been graded. A Notice of Violations is written. Jul 28, 2000 Mr. John Pierce contacts the Land Quality office and testifies there are several owners of the property. Sunset Cove only built the road. Jul 31, 2000 Ms. Paith measures the site. The road is about .3842 acres, the lots are about 1.3774, acres, and the boat ramp is not included. Aug 2, 2000 Ms. Paith sends an e-mail to Mr. Sams outlines reasons to require and erosion and sedimentation control plan. 1) site measures 1.37 acres 2) it is an existing permitted site 3) as of July 31, 2000, Ronald Bryant is listed as property owner by tax office 4) the lots appear to have been cleared at same time 5) may have evidence the same contractor did the site work Aug 2, 2000 Ms. Paith and Daniel Sams meet with Mr. John Pierce representing Sunset Cove Development as per Mr. Pierces' request. Mr. Pierce claims the subdivision is now called Harbor Pointe and 11 lots have been platted (Map Book 33 Pg 65). He provides deeds and a map of the lots sold. He states he was not aware of any prior permits with land quality. He said Ronald Bryant changed the land use upon his Feb 2000 plat. Mr. Pierce tells Land Quality that each individual land owner cleared their own lots. Mr. Pierce claims responsibility for the installation of the bulkhead, access road, and boat ramp. 3 According to land disturbance measurements discussed in the meeting, the bulkhead, boat ramp and access road roughly totaled 39,000 sq. ft which is less than one acre. Due to this estimate and the claim that the land use changed under the prior ownership, Land Quality staff decides not to pursue Sunset Cove at this time. Mr. Pierce did not tell Land Quality he was a property owner in the subdivision. Aug 4, 2000 Mr. Pierce faxes a letter to Mr. Sams summarizing the meeting. He claims Sunset Cove Development Inc. purchased the eleven lots from Mr. Bryant on March 10, 2000 (Book 1563 Pg 246). He admits the site is about 2 acres in size and that the only disturbance was the access drive and bulkhead. Aug 21, 2000 Ms. Paitli receives the NOV as unclaimed mail. Aug 21, 2000 Ms. Paitli asks Mr. Bryants representative for address or phone number. A message was left for Mr. Bryant to call Ms. Paith. Aug 24, 2000 Ms. Paith asks Steve Padgett, of the Town of Surf City, for a phone number or address for Ronald Bryant, Aug 28, 2000 Ms. Paith tries to get a correct address from Mr. Ronald Bryant so that the certified mail can be delivered. He claims he does not own the property. Ms. Paith explains that if he does not claim it, it will be delivered by the Sheriff. Mr. Bryant tells Ms. Paith to remail the letter. Aug 30, 2000 Mr. Bryant receives the NOV and calls Ms. Paith. He says Homeco did the site work -clearing all lots and Sunset Cove Developers bought the property. He says he did not build the bulkhead or road and is not a partner of the developers. Sept 5, 2000 Mr. Bryant, of T.P. Inc., responds in writing to the NOV. He states he is not the financial responsible party for he did not do any land disturbing at the site. He claims he dealt with Mr. Jimmy Pierce and Mr. John Pierce and they are responsible for their own permits. Sept 6, 2000 Jim Gregson (CAMA), Scott Vinson (DWQ/Stormwater) and Janet Paith (LQS) meet. The conclusion is that storm water will be required under the CAMA major permit. Since it is presumed there are no erosion problems at the site, the LQ case is closed for now. Sept 18, 2000 Charles Riggs states that the client purchased the land and developed it. He is no longer involved. 4 Sept 27, 2000 Ms. Paith visits the site. Landscaping of the entrance and of a couple of lots is underway. Oct 26, 2000 HonteCo Builders, Inc. sells Lot 5 to Norbert E And Daisy S. Sininions (Deed Book 1635 Pg 176). Athena Pierce is president of IlomeCo Builders, Iric.. Dan - - -- - Rizzo is the attorney_. This Lot has a house.} Feb 8, 2001 Mr. Daniel Oakley, Senior Deputy Attorney General, responds to Mr. John Pierces' complaints of DENR decisions. DENR decisions are upheld. Mar t3, 2001 Ms. Paith uses the site to practice GPS skills. Walking the entire site, satellite data measures 2. 243 acres disturbed. {On a CAMA map dated 3/18/00, the property owners are listed as follows Jimmy Pierce owned Lots 1234, OH Carrol 567, and John Pierce 89?? Jim, can you confirm??} Prepared 5/17/01 by Janet Paith Er. City Nznies http://www.secretary.statc.iic.us/Corporatioiis/Corp,asp?497795 1 N1 DEPARTMENT OF THE SECRETARY OF STATE Date: 6/25/2001 Document Filings Corporation Names Name SUNSET COVE DEVELOPMENT, INC. Business Corporation Information SOSID: 0422394 Status: Current -Active Name Date Formed: 3/27/1997 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: PIERCE, JOHN L Registered Office 409 Johnson Blvd Address: Jacksonville NC 28541 Registered Mailing P O Box 1685 Address: Jacksonville NC 28541 Corporations Name Type Legal NC Principal Office Address: No Address Listed Principal Mailing 409 Johnson Blvd Address: Jacksonville NC 28540-542 I of 1 06/25/2001 4:24 PM Design Calculations Infiltration System(s) for Harbor Point Subdivision — Surf City, N.C. April 3, 2001 (Revised May 7, 2001) 1 . Project Descri-ption The proposed subdivision is located in Surf City on NC 201150 just west of the bridge over the intercoastal waterway. The site includes a total of 2,14 acres and has been subdivided into 11 lots. The site is on the location of a pre-existing ferry landing and mobile home park. As a result, an existing roadway (gravel/soil) is utilized for access to the property. Prior to the date of these calculations, the project has been initiated without an approved stormwater plan. Currently, five (5) residences and associated impervious area have been constructed on the site. These calculations address new infiltration facilities for the 6 undeveloped lots as well as retrofitted infiltration facilities on those lots already developed, in accordance with the applicable design requirements. 2. Design Requirements Project will be designed in accordance with NC Administrative Code Section 15A NCAC 2H.1000 — Stormwater Management. This site is in the category of "development activities within one-half mile of and draining to SA waters or unnamed tributaries to SA waters". Due to existing and proposed impervious areas, the project is considered "high density development ". In accordance with regulations, an infiltration system designed to accommodate 1-11T' of rainfall will be required. Furthermore, runoff in excess of the design volume must flow overland through a vegetative filter. in accordance with "high density' requirements, runoff from all impervious surfaces, including existing, must be treated. 3. Im rvious Drain a Area Existing and proposed impervious areas are as follows: EXISTING IMPERVIOUS Building Driveway Roadway System Am Aron Aa IA -0- -0- -0- 1 B -0- -0- -0- 2A 366 -0- -0- 2B 694 -0- -0- 3A •0- -0- -0- 3B -0- -0- -0- 4A -0- -0- -0- 4B -0- -0- -0- 5 504 -0- -0- 516 1,008 1,257 6,009 6 504 -0- -0- 7A 504 -0- -0- 7B 504 -0- -0- 8 504 -0- -0- 8/9A 504 3,207 3,504 9A/9B -0- -0- 1,110 9B/9C -0- -0- 2,475 PROPOSEDIMPERVIOUS Building Driveway Roadway "Total Aro Area Area Irnocrvious -0- -0-366 694 694 �r D 694 -0- -0- 694 0- -0_ 694 C p 1pp1 476 -0- -0- 476 476 -0- -0- 476 476 -0- -0- 476 476 -0- -0- 476 lock -0- -0- -0- 504 V�� -0- 1,477 -0- 4,751 �0 -0- -0- -0- 504 -0- -0- -0- 504 -0- -0- -0- 504 -0- -0- -0- 504 476 -0- -0 7,691 952 1,749 -0- 3,811 1429 2,267 -0- 6,170 Total 33,967 t J"r�R�v,^ii 11.• Y7i'er :: acme � s iJn 4.iL+ ..a. 12 veil 1 haw .. ,,`';Y}r.:5'Pubilui`.. �".�,e�_'ri ev" s, d S.. 'arm � f f ,i.,'h tt. ? 01P' ,t, r •J.f 1. is+., ..:.If✓�� ��,[ lint Jl lJ;'Li 'i';}',J 7 .f t r .'J}:• , . r .'i :�. J'1! .,,. ,.IF, .tJ' „'. r I ,.. •SJ-; ... it.,l' ,'e •' i...`,d , 'JI;i '� •• , -tit .,i t ;S'!1 ..•I'�' ' : 41. :'S � ;t:;f�, Jt � � ., f: .il .J:'1 „ ...l,i , f i 1. ' ... - ✓{ I'.,: .i: , f.J:�:�rjel'., rf• .n:'J:! ,. ;�R < :J Sr'f`,! 'Y..t. :1'r's 44 w '!..+_ .. •+: A '... +�:,tS •.1+ ;b• ,. .4 f" fA'. •'t .' r: r.. .. i fl•.. I ;C,l iS' V, , '1 i , I,Jal,'•up _A +'A ',. It r•.� 'u .. ,5e ,•7?„ ;i4'J: is �i, :'. i. v .,'J.. .3. ;.',, • •ry .,t�.5i a 4,1,• .: Y ;1., - , Cr 'ij ��'.^: :a ., .11 .!S ,� 'ii. •+i, h'J !i t. , r .'f,.i J"i'' ,I. .err r rl �. _.i •:�t'rr :j '. iri' . �, ,i � ,+:el'iS., I: 1',,. rll' ,. .' i,✓.i'. 'J'. ,r,: � ' :I •. t,( t.'t''� ,, . :,., J;- .. +: �: �,4fi 4. System 1-A a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 = 366 sf x 1.5"/12" = 45.8 cf b. Required System Volume System Volume = 45.8 cf / stone porosity = 45.8 cf / 0.48 = 95.4 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthav,ilable = (ground elevation) - (0.9 + 2.0' required separation) =6A-2.9 = 3.5' d. Required Area Area, ,,d = System Volume / Depth,,a;,,bie = 95.4 cf / 3.5' = 27.3 sf e. Required Length Assume width = 3' Length,,,; = Area,,q,,;d / Width = 27.3 sf / 3' = 9.1' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area.,idw x 0.52 in/hr) _ (45.8 cf x 12) / ((9. l' x 3') x 0.52 inthr) 38.7 hours (1.6 days) o.k., < 5 5. System 1-B a. Runoff Volume Runoff Volume = Impervious sf x 1.5'712 = 694 sf x 1.5"l l2" = 86.8 cf b. Required System Volume System Volume = 86.8 cf / stone porosity = 86.8 cf / 0.48 = 180.7 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) 1'� 1. - !. _ t ' .'� . � - e �. ` �'R. i • t • .r _� �� ' , Ir ,r . ., i , ,��. +. , It .! t .' ..: Depth„.;b<bie = (ground elevation) - (0.9 + 2.0' required separation) = 6.4 - 2.9 = 3.5' d, Required Area Area„ i� = System Volume / Depth. ,jw, = 180.7 cf / 3,5' = 51.6 sf e. Required Length Assume width = 3' Length,,,,,� = Area,,,, d / Width = 51.6 sf / 3' = 17.2' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areapmvidw x 0.52 in/hr) (86,8 cf x 12) / ((17.2' x 3') x 0.52 in/hr) - 38.8 hours (1.6 days) o.k., < 5 6, System 2-A a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 = 366 sf x 1.5"/12" = 45.8 cf b. Required System Volume System Volume = 45.8 cf / stone porosity = 45.8 cf ! 0.48 = 95.4 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthpvaiub1c = (ground elevation) - (0.9 + 2.0' required separation) = 6.2 - 2.9 = 3.3' d_ Required Area Area g,,I, = System Volume / Deptha,,.jLbi. = 95.4 cf / 3.3' = 28.9 sf e. Required Width Available length = 11.5' Width,,n i = Area,,,,,;,,d / Width = 28.9 sf / 11.5' = 2.5' f. Drawdown Time Assume soil hydraulic conductivity of0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areamm&d x 0.52 in/hr) _ (45.8 cf x 12) / ((11.5' x 2.5') x 0,52 in/hr) 36.8 hours (1.5 days) o.k., < 5 7. System 2-BB a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 694 sf x 1.5"/ 12" = 86.8 cf b. Required System Volume System Volume = 86.8 cf / stone porosity = 86.8 cf / 0.48 = 180.7 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth,,,.I.b,e = (ground elevation) - (0.9 + 2.0' required separation) = 6.2 - 2.9 = 3.3' d. Required Area Area,„ i„d = System Volume / Depth„71i,,b,, = 1803 cf / 3.3' = 54.8 sf e. Required Width Available length = 219' Width, = Area,,y,,; / Width =54.8 sf/ 21.9' = 2.5' f Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Aream id d x 0,52 in/hr) (86.8 cf x 12) / ((21.9' x 2,5') x 0,52 in/hr) 36.6 hours (1.5 days) o.k., < 5 � . E :3: ."tt• r Id- r. 7 f i ' •elr• _ ii 8. System 3-A a. Runoff Volume Runoff Volume = Impervious sf x 1.5"A2 =476sf x 1.5"/12" = 59.5 cf b. Required System Volume System Volume = 59.5 cf / stone porosity = 59.5 cf / 0.48 = 124.0 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthavail46le = (ground elevation) - (0.9 + 2.0' required separation) = 5.9 - 2.9 = 3.0' d. Required Area Area„ i„d = System Volume / Deptha j� = 124 cf / 3.0' =41.3 sf e. Required Width Available length = 17.2' Widthrequired = Arear,m�d / Width =41.3 sf/ 17.2' = 2.4' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area.,;dw x 0.52 in/hr) (59.5 cf x 12) / ((17.2' x 2.4') x 0.52 in/hr) 333 hours (1.4 days) o.k., < 5 9. aMm 3�B a. Runoff Volume Runoff Volume = impervious sf x 1.5"/12 = 476 sf x 1.5"/12" = 59.5 cf b. Required System Volume System Volume = 59.5 cf / stone porosity = 59.5 cf / 0.48 = 124.0 cf r- �):.. lif.:J •• UT::'1'•lG " r 1.i:;� ` i _ i fLl, 1. :r _. ?.f I r . T 1�• !l. �i' . .. f 'i 1, ' . I. (• If. _ ..?t'� .f. _S') i. U ? .J lS �,frrf•i 'f5 r'P'?. nlr I'I 1 - 'al•t,rir.!-1 r t' ' ��=M + )UT ; c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthawilol. = (ground elevation) - (0.9 + 2.0' required separation) = 5.9 - 2.9 = 3.0' d. Required Area Area,.;d = System Volume / Deptk,a;jbu = 124 cf / 3.0' =41.3 sf e. Required Width Available length = 17.2' Width,,4,,;,d = Area,,p,iw / Width = 41.3 sf / 17.2' = 2.4' f. Drawdown Time Assume soil hydraulic conductivity of0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,,,wd d x 0.52 in/hr) (59.5 cf x 12) / ((17.2' x 2.4') x 0.52 in/hr) = 33.3 hours (1.4 days) o.k., < 5 10, System 4-A a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/I2 = 476 sf x 1.5"112" = 59.5 cf b. Required System Volume System Volume = 59.5 cf / stone porosity = 59.5 cf / 0.48 = 124.0 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthav,;i.bu = (ground elevation) - (0.9 + 2.0' required separation) = 5.9 - 2.9 =30' d. Required Area Area,,,g,,,,,d = System Volume / Depth,a;t,�,e = 124 cf / 3.0' =413 sf e. Required Width Available length = 13.2' Width,q„i,w = Area,,y,,;,w / Width = 41.3 sf / 13, 2' = 3.1' f, Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areap,,;dvd x 0.52 in/hr) (59.5of x 12) / ((13.2' x 3.V) x 0.52in/hr) = 33.6 hours (1.4 days) o.k., < 5 11, System 4-13 a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 = 476 sf x 1.5"/12" = 59.5 cf b. Required System Volume System Volume = 59.5 cf / stone porosity = 59.5 cf / 0,48 = 124.0 cf c, Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth„,.il$bie = (ground elevation) - (0.9 + 2.0' required separation) = 5.9 - 2.9 = 3.0' d. Required Area Area„,q,,;,,d = System Volume / Depth,,,a;ubic = 124 cf / 3.0' = 41.3 sf e. Required Width Available length = 13.2' Width,qli,d = Area,,i.., / Width = 41.3 sf / 13.2' = 3.I' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areas„,, ;d<,d x 0.52 in/hr) (59.5 cf x 12) / ((13.2' x 3.1') x 0.52 irAr) ' ; ,• ,. . k .'� v �. � ' .� • .� •' t� .; .... .. .!• .r t � � 33.6 hours (1.4 days) o. k., < 5 12, System 5 a. Runoff Volume Runoff Volume = impervious sf x 1.5"/I2 = 504 sf x I.5"712" 63.0 cf b. Required System Volume System Volume = 63.0 cf / stone porosity = 63.Ocf / 0.48 = 131.3 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Deptha,ijaple = (ground elevation) - (0.9 + 2.0' required separation) = 5.2 - 2.9 2.3' d. Required Area Area,..,,,;t a = System Volume / Deptha„aiwbi,, = 131.3 cf / 2.3' 57.1 sf e. Required Width Available length = 10.0' Widthwircd = Area,,,4uh d / Width =57.1 sf/ 10.0' = 5.7' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & SoiIs Report) Drawdown Time = Runoff Volume x 12 / (Areap,,,�,,,d x 0.52 in/hr) _ (63.0 cf x 12) / ((10.0' x 5.7') x 0.52 in/hr) 25.5 hours (I -I days) o.k., < 5 13. System 5/6 a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 = 9,75I sf x 1.5"/12" = 1,218.9 cf b. Required System Volume N System Volume = 1,218.9 cf ! stone porosity = 1,218.9 cf / 0.48 = 2,539.3 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth,,.,;,,bj.: = (ground elevation - 0.5) - (0.9 + 2,0' required separation) = 5.0 - 2.9 = 2.1' d. Required Area Area,v„j,�d = System Volume / Depth,,,,;bbi, = 2,539.3 of / 2.1' = 1,209.2 sf e. Required Length Assume width = 4.7' Length,,,., = Area,,,,,,ed / Width = 1,209.2 sf/ 4.7' = 257.3' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areap,,,;&d x 0.52 in/hr) (1,218.9 cf x 12) / ((257.3' x 4.7') x 0.52 in/hr) = 23.3 hours (0.97 days) o.k., < 5 14. System 6 a. Runoff Volume Runoff Volume = Impervious sf x 1.5' /12 = 504 sf x 1.5"/ 1.2" = 63.0 cf b. Required System Volume System Volume = 63.0 cf / stone porosity = 63.Ocf / 0.48 = 131.3 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth,v,it,bl, = (ground elevation) - (0.9 + 2.0' required separation) = 5.7 - 2.9 = 2.8' d. Required Area Area,,y„h..d = System Volume / Depth,,,, = 131.3 cf / 2.8' = 46.9 sf e. Required Width Available length = 11.5' Widthr„;,ed = Area,, ,,m / Width = 46.9 sf/ 11,5' = 4.l' f Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time Runoff Volume x 12 / (Area..,,;dw x 0.52 Whr) - (63.0 cf x 12) / ((11.5' x 4.1') x 0.52 in/hr) - 30.8 hours (1.3 days) o.k., < 5 15. S s_ y_t�_nt 7-A a. Runoff Volume Runoff Volume = Impervious sf x I.5"/12 = 504 sf x 1.5"/ 12" 63.0 cf b. Required System Volume System Volume = 63.0 cf / stone porosity = 63.0 cf / 0.48 = 131.3 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Deptha,,,;y,b,, = (ground elevation) - (0.9 + 2.0' required separation) = 5.3 - 2.9 = 2.4' d. Required Area Area,,,b d = System Volume / Deptha�;bbj, = 131.3 cf / 2.4' = 54.7 sf e. Required Width Available length = 17.7' Width Area,,,, a / Width 54.7 sf/ 17.7' 3.1' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) ItJ .. 1. ", t" Drawdown Time = Runoff Volume x 12 / (Areav� x 0.52 in/hr) (63.0 cf x 12) / ((17.7' x 3.1') x 0.52 in/hr) 26.5 hours (I. I days) o.k., < 5 16. System 7-13 a. Runoff Volume Runoff Volume = Impervious sf x 1.5" /12 = 504 sf x 1.5" 112" = 63.0 cf b. Required System Volume System Volume = 63.0 cf I stone porosity = 63.0 cf / 0.48 = I31.3 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth,,,,;t6te = (ground elevation) - (0.9 + 2.0' required separation) = 5.3 - 2.9 = 2.4' d. Required Area Arean:y,,,,..d = System Volume / Depth$,,jmt,, = 131.3 cf / 2.4' = 54.7 sf e. Required Width Available length = 17.7' Width„,y„i,w = Aream*,d / Width =54.7sf/ 17.7' = 3.1' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areap,,,idm x 0.52 in/hr) (63.0 cf x 12) / ((17.7' x 3.1') x 0.52 in/hr) 26.5 hours (I.I days) o.k., < 5 17. System 8 a. Runoff Volume Runoff Volume = Impervious sf x 15712 = 504 sf x 1.5"/12" Ile = 63.0 cf b. Required System Volume System Volume = 63.0 cf / stone porosity = 63.0 cf / 0.48 = 131.3 of c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthavailable = (ground elevation) - (0.9 + 2.0' required separation) = 5.0 - 2.9 = 2.1' d. Required Area Area,.y.m = System Volume / Deptha,&;i,,bie = 131.3 cf 1 2.V = 62.5 sf e. Required Width Available length = 19.0' Width,,;" = Area,wi,.d / Width = 62.5 sf / 19.0' = 3.3' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,,,,�dw x 0.52 in/hr) _ (63.0 cf x 12) / ((19.0' x 3.3') x 0.52 in/hr) 23.2 hours (0.97 days) o.k., < 5 18. System 8/9A a. Runoff Volume Runoff Volume = impervious sf x 1.5"/12 = 7,691 sf x 1.5"/12" =961Aef b. Required System Volume System Volume = 961.4 cf 1 stone porosity = 961.4 cf / 0.48 2,002.9 of c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth.,„,,b,e = (ground elevation - 0.5) - (0.9 + 2.0' required separation) = 4.6 - 2.9 = 1.7' � ' I • i � I � � r I�1 .. i - '� '! , J + � ��� ♦. •i J �' � '.. 1 • • �/ . '1� �• �JL I,� 1' ' • •�'. ..,.. , d. Required Area Area,.Vi,.d = System Volume / Depth,,,,iL*Ie = 2,002.9 cf / 1.7' = 1,178.2 sf e. Required Length Assume width = 4.9' Length, q,i,d = Area,,*,,d / Width = 2,002.9 sf / 4.9' = 240.4' f Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areap,owdw x 0.52 in/hr) (961.4 cf x 12) / ((240.4' x 4.9') x 0.52 in/hr) 18.8 hours (0.78 days) o.k., < 5 19_ Ust a. Runoff Volume Runoff Volume = Impervious sf x 15712 = 3,811 sf x 15 /12" = 476.4 cf b. Required System Volume System Volume = 476.4 cf / stone porosity = 476.4 cf / 0.48 = 992 A cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth.,. ij.bl{ = (spreader elevation) - (0.9 + 2.0' required separation) = 4,4 - 2.9 = 1.5' d. Required Area Area,.vi,d = System Volume / Depth,,,;bbl, = 992.4 cf / 1.5' = 661.6 sf e. Required Length Assume width = 10.0' Length,,,;, d = Area ,,i„ d / Width = 661.6 sf / 10.0' = 66:2' f Drawdown Time 40, EAT I " L 1 , - . '., I :. f . i Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time Runoff Volume x 12 / (Areav„i&d x 0.52 in/hr) _ (476.4 cf x 12) / ((66.2' x 10.0') x 0.52 in/hr) 16.6 hours (0.69 days) o.k., < 5 20. S te_y�m 913/9C a. Runoff Volume Runoff Volume=Impervioussf x 1.5"/12 = 6170 sf x 1.5"/12" = 771.3 cf b. Required System Volume System Volume = 771.3 cf / stone porosity = 771.3 cf / 0.48 1,606.8 cf c, Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth.,ilable = (spreader elevation) - (0.9 + 2.0' required separation) = 3.8 - 2.9 = 0.9' d. Required Area Area,w,rod = System Volume / Depthe,,g;Ible = 1,606.8 cf / 0.9' = 1,785.3 sf e. Required Width Assume length = 102.4' Width,.q = Arear q,, re / Length = 1,785.3 sf/ 1.02.4 17.4' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,,,jdd x 0.52 in/hr) (771.3 cf x 12) / ((102.4' x 17.4') x 0.52 in/hr) = 9.99 hours (0.42 days) o,k., < 5 JOHN L. PIERCE & ASSOCIATES, P.A. Land Surveying - Land Planning - Mapping P.O. Box 1685 409 Johnson Blvd. Jacksonville, N.C. 28541 Office: (910) 346-9800 Fax No.: (910) 346-1210 E-Mail: jpierce@onslowonline.net 1 ,TO Scott Vinson N.C.Department of Environment and NaturalResources 12Z North Cardinal Drive Wilmington, NC 28405 WE ARE SENDING YOU ❑ Drawings ❑ Attached ❑ ❑ Copy of Letter ❑ Prints ❑ ❑ Change order ❑ JUN 01 2J01 _... ""­r( ft6r'd'f Err;tfsmittal DATE JOB No. May 30, 2001 ATTENTION Scott—Tirnson IE Harbor Pointe Under separate cover via Plans ❑ Samples the following items: ❑ Specifications COPIES DATE NUMBER DESCRIPTION 1 Check in the amount of four hundred twenty dollars 420.00 **AS PER OUR TELEPHONE CONSERVATION SUBMITTAL AS SENT EARLIER. THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ Approved as submitted ❑ Approved as noted ' ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ For review and comment ❑ For bids due 19 ❑ Prints returned after loan to us REMARKS SIGNED JOHN L. PIERCE & ASSOCIATES, P.A. Land Surveying - Land Planning - Mapping P.O. Box 1685 409 Johnson Blvd. Jacksonville, N.C. 28541 Office: (910) 346-9800 Fax No.: (910) 346-1210 C-Mail: jpierce@onslowonline.net TO Scott Vinson N.C. Department of Environment and Natural Resources 127 North Cardinal Drive -- Wilmington, NC 28405 WE ARE SENDING YOU ❑ Drawings ❑ Attached ❑ Copy of Letter ❑ Prints ❑ Change order O0� "_�' Q��J?z7�� Jitter of transmittal DATE JOB NO, May 29, 2001 ATTENT30N Scott Vinson RE Harbor Pointe ❑ Under separate cover via ❑ Plans ❑ Samples the following items: ❑ Specifications COPIES DATE NUMBER DESCRIPTION 2 Sets of plans 2 Revised applications **CHECK WILL BE FORWARDED AFTEB DETERMINATION -OF ** THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ For review and comment ❑ For bids due 19 ❑ Prints returned after loan to us REMARKS Should you need any additional information, please let _us know. _ SIGNED JOHN L. PIERCE & ASSOCIATES, P.A. Land Surveying - Land Planning - Mapping P.O. Box 1685 409 Johnson Blvd. Jacksonville,. N.C. 28541 Office: (910) 346-9800 Fax No.: (910) 346-1210 E-Mail: jpierce@onslowonline.net TO Scott Vinson N.C. Department of Environment and Natural Resources 127 North Cardinal Drive Wilmington, NC 28405 WE ARE SENDING YOU ❑ Drawings ❑ Attached ❑ ❑ Copy of Letter ❑ Prints ❑ ❑ Change order ❑ RECRI BY: letter of transmittal pAay 22, 2001 Boa No. ATTENTION Scott Vinson Harbor Pointe Under separate cover via Plans ❑ Samples the following items: ❑ Specifications COPIES DATE NUMBER DESCRIPTION 2 Sets of revised plans 1 Revised "Stormwater Management Permit Application" 17 "Underground Infiltration Trench Supplement" 1 "Design Calculations Infiltration Systems" l 2_0 1 d �7 l THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ For review and comment ❑ For bids due 19 ❑ Prints returned after loan to us REMARKS Should you need any additional information, please let us know. SIGNED F % f , SITE AND SOILS EVALUATION REPORT PROPOSED INFILTRATION AREAS HARBOR POINTE DEVELOPMENT- SURF CITY, NORTH CAROLINA PREPARED FOR: JOHN L. PIERCE & ASSOCIATES, P.A. JACKSONVILLE, NORTH CAROLINA PREPARED BY: DWAYNE A. GRAHAM, R.S., L.S.S. N. C. Licensed Soil Scientist # 1022 GRAHAM ENVIRONMENTAL CONSULTING, INC. OCTOBER 13, 2000 SO!L .sC, 'A_Gf� v - N0 2TH W7 Graham P.O. Box 799 Environmental Consulting, Inc. October 13, 2000 1.0 INTRODUCTION Clinton, North Carolina 28329 Phone/Fax: 910-529-6868 The Harbor landing Development is to be located on Highway 50 East, Surf City, NC. Impervious surface and other drainage improvements associated with the development require, as a part of the Starmwater Management Permit Application, a soils evaluation to determine equivalent soil series types, depth to seasonal high water -table and infiltration rates of the soils at proposed basin bottom. The remainder of this report will present our finding's and conclusions. 2.0 SITE AND SOILS DATA COLLECTION 2.1 Soils Descriptions Page 2 of the appendix presents soil profile descriptions from 3 soil pits evaluated on the site. The site map, Page 1 of the appendix indicates the approximate location of the pits evaluated. Based on these profile descriptions, the soils on this site are not consistent with any published or recognized Soil Series. The typical soil profile observed was a 20 to29 inch Fill layer of a sand, clay and debris mix which was massive and compacted. Underlying this layer to depths of 45 to 60 inches was a loamy sand/sand fill with varying amounts of silty clay loam and shell debris. This Payer was friable to loose and was found to have free flow of groundwater into borings. The free flow of groundwater would tend to indicate significantly higher conductivity of this material. The original marsh organic layer was encountered at Pit 2 at a depth 45 inches and extended to a depth of 70 inches. This layer was organic, massive and compacted. Soil wetness con&ions are determined by observations of soil colors of chroma 2 or less -where indicative of soil wetness. Native gray to black colors of the mixed fill would prevent the use of this criteria for determining depth to soil wetness over this site. However, based on elevation and landscape position of this site, static water levels do not tend to fluctuate significantly throughout the year. Therefore, the seasonal high would tend to occur at depth as indicated by static levels indicated herein. In review of the Soil Boring Descriptions it can be seen that static levels are consistent at an average depth below ground surface of 26 to 28 inches. 2.1.2 Hydraulic Conductivity and Infiltration Rates Observation of massive layer removal from the upper 24 to 30 inches of pit digs would tend to indicate that the upper 24 to 30 inches of this site would have limited infiltrative capacity. Therefore, no conductivity testing was performed. The lower fill sediments were found to free flow into open bore holes at significant rates -indicating assumed suitable rates of saturated conductivity. SOIL 1 SITE EVALUATIONS' WETLAND DELINEATION & MITIGATION " SOIL HYDRAULIC TESTING & DRAINAGE ANIMAL I DOMESTIC WASTEWATER SYSTEMS EVALUATIONS " SUBDIVISION EVALUATION & PLANNING GROUNDWATER MOUNDING ANALYSIS' GPS MAPPING " SEPTIC SYSTEM DESIGN & PERMIT ACQUISITION Graham Environmental Consulting, Inc. Harbor Pointe Project -Surf City, NC Site and Soils Report-Stormwater Permit Application John L. Pierce & Associates, P.A. Page Two of Two October 13, 2000 Based on current criteria for infiltration basins, it would appear that this site, in it's current conditions would not be suitable for providing infiltration of runoff water. The basis for this opinion is the compacted upper 24 to 30 inches of fill. We do, however, feel that the materials below this layer are sufficient to provide for lateral flow of groundwater off site. 3.0 CONCLUSIONS AND RECOMMENDATIONS It is our understanding that this project may be allowed some flexibility for use under re- development rules. Therefore, we would offer our recommendation that we feel may allow for use of this site for infiltration of run-off waters. Having recognized the deeper sediments flow properties, we would propose the removal of the upper 24 to 30 inches of the fill material from the proposed area and followed by a careful interface mix and back -fill to at least existing grade, with a coarse sand. This proposed site modification would tend to accomplish two objectives. One, the uniformity and infiltrative capacity of the upper 2 feet would be significantly increased from its current condition. Secondly, given the anticipated depth to soil wetness, this site would have properties, as close as possible, to current basin design protocol. Therefore, it is our professional opinion that with careful and precise modification of this site. proposed infiltration areas would allow for a viable alternative for collection and infiltration of run- off water from this development. Data presented in this report represents designated data points. Conclusions presented herein from our study are assuming uniformity of characteristics between data points and includes subjective assumptions and interpretation of soils, drainage and other features and therefore may not completely represent all conditions or variability of the site. The recommendations and conclusions presented here are our professional opinion based on the site work and interpretationlobservations of soils borings performed to date and should not be considered a guarantee that concurrence from the appropriate regulatory personnel will be obtained. APPENDIX �9 CQ SITE AND SOIL BORING LOCATIONS MAP o PROPOSED INFILTRATION AREA -HARBOR POINTS PROJECT S SURF CITY, NORTH CAROLINA-PENDER COUNTY `'�• c Fp PAGE I -APPENDIX CHANNEL OF TOPSAIL SOUND �r i \ I 0.41 ACRES v I I 17,815 SO. FZ ., EXISTING ' o g BULKHEAD BULKHEAD ` MONITORING LL►� �ti y NV.=0.41' E � WELL '; ==- �- �6 .5 'j ARK .IN HARBOR POINTE i E P.P. TO E �yGe BROKEN RE CATED 1 M,6.33, P.65, SL. OQ-' v f INV =1.62' �ti NV.=1.58 O BE FTE �h \ O z c i REMOVED m f FREEZER N63' { c� TO BE O OIL Sc 1 REMOVED EXIST. 72" R.C. . o Ofv3~ SSE Q cw LL- ��� P,�N ='- 1-STORY o Q� LOT 9C �2 BLOCK ELEV. 1=4 51, .0. Q o 0o J -- TO BE R 'r' u o EMOVED 00 gym S L.P. 00 QFr ARK)NG AREA / J PARKING ARF L �N J' / w 128.70' 3.71 �. SIGN EIS E N 30'41'40" W 134.96' EI5 BUSN. SIGN EXIST. M.H. Ld P. E i� MEDIAN n E N Lo z _ N.C. HWY. 210 & 50 N 31.01'17• w E.P.K.— w 100' R/W OF B\R\*GEOVER INTI Graham Environmental Consulting, Inc. Soil Boring Descriptions Harbor Pointe Development Proposed Stormwater Infiltration Site Page 2, Appendix Soil Morphology andscape Horizon Pos. Slope I Bottom Profile# % { Depth in Texture Structure Mineralogy Consistence Soil Matrix Color Soil Mottle Color ! A I I I 1 l PIT 1 0-2 Fill 20 Imixed,ls,sl,shell Im,comp vfi greylblack Fill 2 I 60 Ilsls,w/sicl mix wgrlw,sg fr 1 10yr5/2 , Static @ 26' j � f - h 3 PIT 2 0-2 Fill 1 29 rnixed,ls,sl,shell m,comp vfi (grey/black Fill 2 45 Isls,w/sicl mix wgrlw,sg I fr 110yr512 Al 74 organic m,comp fi-vfi redlbrown Static @ 28.50" I I PIT 3 1 0-2 j Fill 1 29 mixed,ls,sc,shell Im,comp Ivfi mixed Fill 2 60 Its/s,seil,w/sicl wgr, w/sg fr 1 10yr512 Static @ 28.00" shell/sici debris 1 1 1 �f '.l�•1,�',-k�•;�a'�; lip; � I:.� pot SCE 0 0 0 C GU S7- 2.TO. State of North Carolina 11. Box 620 -27602-0629 Phonc7 (919) 716-6600 Fax: (919) 716-6767 -t TELEQPIER TRANSMIZ:TALSHEET eicle- 5WIV-0b, 2:1 0 de DATE: t 2- — 6 -BF ROF PAGES (INCLUDING TRANSMITTAL SHEET): "CONFIRM RECEIPT OF DOCUMENT(S) IF MARKED HERE: lo'd ZO: 6 10, zi jpw Z9Z9-9TZ-6T6lXPJ -lUiN3WNOdIAN3 ■ aYlOr,.,.,Edwards & Vatcher; ':JLJVVIkTLUA: .60 f. FAX NO.: .-FROAL -�.:..;"TAX NO.: SUFJECT: COMMNTS: 910 455 0117, Mar-9-01 6;25PM; GAvT-oR. EtowAxDs & VxivEmR An"MaNKYS AT LULW Pbor OrF" Max IOS7 JACH.&ONVILL1.1r. r4ORTH CAROLINA Sgf.41- L057 FACSEMIELE TRANSAUSSION 011(, - �,-J(-7 IMMM eol% C.__ PAGES (Inc. Cover): DATE: TIM: flags I 2IL9 Nz- SR=IE TICLIVRONUm 49LO) 4554�1A" PAM 491co *MD-QjII The information contained in this facsimile message is confidential and intended only nl for the personal use of the person named above as 'receiver". If the reader of this memap is not the intended recipient, or the employee or agent responsible for delivering this messa ge to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohi'bited. If you have received this communication in error, please notify us by telephone at 910-455-9494 and return the original message to us at the address above. Thank you, — ---------- Z0 *d 20. . 6 TO, ZT -JAW _1HIN3WN0dIAN3 rig, (3aylar, Edwards & Vatcher; GA.YLM' ,,14P1 ALmmw. V*TC1tLR 910 455 0117; Mar-9-01 6:26?M; GAYWR, EDWARDS & VATCMR AT7cmws AT LAw FCTr Orewa AOX 10P JAcKsoNvit.T.ri, NOWrH CAROUNA March 9, 2001 Mr.' Rick Shiver �-NCDENR 'w6h,0 f.-Water Quahi-r ......•11.17 Cardinal Drive Extension : ..'..�­cWilmingto' NC2840S FikstmIIt"N6.:'(gray 350-2004 VIA FIRST CLASS MAIL AND FACSIMILE R;t: • Notice of Recommendation for Enforcement Harbor Pointe tt!66nwaicer Pdrmit No. SW 8 00090S Pehd6r County Dear Mr., -Shiver: Page 2/4 OTTICF: ' 219 NM BXDGr-. SrUrr TEXPRONEL (910) FAX- I have been requested by the officers and shareholders of Sunset Cove Development, Inc. respond to.your letter, dated March 7, 2001, concerning the referenced matter. As I believe you are aware, John Pierce, a principal shareholder of Sunset Cove Development, C., has discussed the issue regarding the stormwater permit with Mr. Dan Oakley, Senior Deputy -t 7,, Attorney General with the North Carolina Department of justice. A copy of his letter dated February te 2001 was forwarded to you. Following our receipt of his letter, John Pierce and I had a telephone nversa ion ti.. with Mr. Oakley explaining the difficulty that would be encountered in obtaining the letter rmission of the various lot owners for a stormwater system. This was followed up with ale er . ...from me to Mr., Oakley, mated February 12, 2001 is copy of which is enclosed)- We have called Mr, kley'to discuss this matter further, but to date have been unable to speak to him. 7 Be assured we are diligently pursuing a resolution of this matter and will make our best ort to,'comply.with whatever is determined to be required. "M By copy of this letter, I am requesting Mr. Oakley to contact me, or possibly set up a conferenice call, to see if an amicable resolution, which will be acceptable to;the present lot owners, can be reached. Sincerely, Dewey E closure cc: Dari Oakley (w/ enclosure) 'John L. Pierce (w/o. enclosure) 20:6 TO, ZT jPW . . . . . . . . . . - z9�9-9TZ-6%:XPNNO�IAN3 ,Gay3or,<<Edwards Vatoher; 810 455 0117; Mar-9-01 6:28PM; Page. 3f4 syt �}8y J. GAYLU7t_ EOWAMIS VATCF:ER v 219 New Bafrx$$7?G1rt h ATfeRFum AT Law TL�LEMCINE: s P Box 1057 ast n[�C6 ()10) 455.9Vi6 r� " lAocsoNvIuZ. Nc,x1>a C+aouNA WAL'I= W'VAxCHft ' ut Yk K x �:, 2$541 lQ57 PAX! (910) 4S5_0117' ; .{11 ;I February l z, 2001 rr ��,ti, Ddniei C_..Oakley Environrnentai Division �, Nortls.CarQllna Department of Justice M leigK`KIC 27602-0629 4,r hYt� r'L� Harbor Pointe, Pender County, North Carolina l Dear Darr: I' As discussed in our telephone conversation this morning, it will be difficult, ' if not . for Sunset Cove Development, Inc, to comply with the stormwater permitting rules for P � p y P 9 ; iYIkI` f s' the subj6r-t tract. At our, meeting with Scott Vinson of the Division of Water Quality in November, 2000 we }' ',� :• iscussed the possibility of an infiltration system. It was understood that since the seasonal high water table was appraximately two feet below the land surface, the proposed infiltration system j would not have to be in strict compliance with 15A NCAC 2H -I 008(d)(3) which requires the bottom of the infiltration system to be two feet above the high water table. An engineer employed bY1ohn Pierce Associates, P.A. attern ted to design an infiltrations stem to come as close as possible 'fb the Divlslon of Water Quality requirements_ In doing so, the system would require significant .' ?:'; :,'•;' '= `' , modifications to Lots 2, 3, 4, 7 and 8 in the Harbor Pointe Subdivision. These lots are no longer `-:owned by Sunset: Cove Development, Inc. I am almost certain the various owners of -these lots would not consent to the modifications required to accomodate the system designed. Foliawing is a time line of the various actions and notices Concerning the issuance of the 1 CAMA permits for construction of the bulkhead and stormwater management violation: r 1. 3/20/2000 - three (3) CAMA general permits issued to Jimmy Pierce, John Pierce and O.H. Carroll for construction of the 859 feet of bulkhead and boat ramp; 2. Betwee:-. -d of March and middle ofJune, 2000 bulkhead and boat ramp constucted. li;';,•;.,. ,v 3. 4/2012000 -deed For Lot 5 to HomeCo Builders, Inc. and deed for Lot 6 toJohn L. lherce recorded; _. 4. 5/05/2000 - deed for Lot 7 to Bobby G. Baird, dib/a B.B. Building Company i.[oil recorded; S. 5J 14J2000 -deed for Lot 3 to William H. Bodenhamer, Jr. and deed for Lot 4 To, I��/� ` '• Gaylor, Edwards and Vatcher recorded; 6. 6/--/2000 - deed for Lot S to O-H_ Carroll Construction, LLC recorded; :'. 7. 7/28/2000 - meeting with Charles Jones, Jim Gregson and Mary Jo Aicoke, we ,:r , •., explained that although three individuals who were issued the CAMA permits were not actually `grahred title, there were six (6) separate owners of the tract at the time construction was complieted ' •and each was' responsible for its prorata share of the costs of construction; we were informed that iC*r AIL 5 • .. 'as Zang as Division of Land Resources did not require a sedimentation and erosion control plan the . ivision of Coastal Management would not take any action concerning the technical violation in the suance'?of.the CAMA general permits; VO'd M 6 TO, ZT -)LOW Z9Z9-9TZ-6T6:xp3 _1d1N3WNOdIAN3 I..�.�s.as,m-eawvruazw..w ..._.x..a.-�::nv-.<.• •: .• ... - r ry y Ewa tt,lr t„By:`,.Gay]or, Edwards & Matcher; 910 455 0117; Mar-9-01 6:25PM; Pago 4/4 F ;�, 8. 8I0412000 - letter from John Pierce to Dan Sams of Division of Land Resources explaining why bulkhead and boat ramp constructed without submission of sedimentatlon and `•'erosion control plan; 9- 9/ 14/2000 - letter from Jinn Gregson setting forth Notice of Violation and Request.to Cease; 10. 9/22/2000 - letter from Scott Vinson to either submit a stormwater permit application or response regarding the status of the project; 11. 9/--/2000 - stormwater management general permit under A003(5}(A) < submitted; 12. 10/13/2000 - letter from Rick Shiver rejecting general permit application on the A ' •''' ': grounds`,that CAMA major required; f 13. 11 /--/2000 - meeting with Scott Vinson, jimGregson and Bob Shroud do discuss liossibll resolution of disagreement as to necessity of stormwater permit We would appreciate it if you would reconsider your position concerning the requirement of a stormwater permit in light of the chronology of events set forth above, the fact that the _:•;' `�`: 'LAMA general permits could have been issued to the several actual owners of the lots, the ;'.;::;:''difficulty, if not impossibility, of obtaining permission of the various lot owners for construction an infiltration system and the significant impervious nature of the tract prior to the present ;r 1�-developrrrent. If you believe a meeting of the various department heads would be helpful to resbilve this situtation. Just let us know. Another related 'rsue on which I would appreciate your opinion concerns the issuance of permits by the Town of Surf City. A copy of the Notice of Violation and Request to Cease dated September 14, 2000 from Jim Gregson was sent to Floyd Stewart in the building `'department of.the Town of Surf City. He is of the impression that the Cease and Desist Notice ;:precludes the issuance of building permits for the individual lot owners as well as sunset Cove Development. Inc. Since these lots were legally platted and sold prior to the notice of violation, I d'o not believe the Individual lot owners, who bought in good faith, without notice of any DENR violation, should be denied building permits. Please let me know your thoughts on this issue as r. s soon as possible. <; Si _ Sincerely, -12 J. Dewey Edwa s, jr. Cc: . :JohnL Pierce 3 I f: ry r f C tQFFIgL%WPWINI,WPDOCS1IF7rrASIOAL'LGW-WPO 50 'd so: 6�io, ZT JeW Z9Z9-9TZ-6T6: xPJ — --J-- �d1N3WN0�IAN3 910 455 0117; Mar-9-01 6:23PM; Page 1miA■�!t By.,;i Gaylor, Ederards & Vatcher; 6 11 ■ ■ A Jimmi' F. UAYLOR J. DEWEY ISDWARDS, JR. WACTER W. VATCHGR GAYLOR, EDWARDS & VATCHER AT-TORNEYS AT LAW POST OFF]CF. BOX 1057 JACKSONVUA.F.. NUFrrH CAROLINA 28541-1057 March 9, 2001 Mr. Rick Shiver NCDENR Division of Water Quality 1 27 Cardinal Drive Extension Wilmington, NC 28405 Facsimile No.: (910) 350-2004 VIA FIRST CLASS MAIL AND FACSIMILE Re: Notice of Recommendation for Enforcement Harbor Pointe Stormwater Permit No. SW 8 000905 Pender County Dear Mr. Shiver: i-1,4 �-� o ta� n o (t-) T 1- 5 C--jj 8 o CoQ c s- Pj- OFVFCE: 219 NFW BR1U(J7F.$TRLfT TELEPHUNf , 1910)455-4494 FAX: (91 0) 45 5-01 17 I have been requested by the officers and shareholders of Sunset Cove Development, Inc. to respond to your letter, dated March 7, 2001, concerning the referenced matter. As I believe you are aware, John Pierce, a principal shareholder of Sunset Cove Development, Inc., has discussed the issue regarding the stormwater permit with Mr. Dan Oakley, Senior Deputy Attorney General with the North Carolina Department of Justice. A copy of his letter dated February 8, 2001 was forwarded to you. Following our receipt of his letter, John Pierce and I had a telephone conversation with Mr. Oakley explaining the difficulty that would be encountered in obtaining the permission of the various lot owners for a stormwater system. This was followed up with a letter from me to Mr. Oakley, dated February 12, 2001 (a copy of which is enclosed). We have called Mr. Oakley to discuss this matter further, but to date have been unable to speak to him. Be assured we are diligently pursuing a resolution of this matter and will make our best effort to comply with whatever is determined to be required. By copy of this letter. I am requesting Mr. Oakley to contact me, or possibly set up a conference call, to see if an amicable resolution, which will be acceptable to the present lot owners, can be reached. Sincerely, VDew�eyE rds, Jr. Enclosure cc; Dan Oakley (w/ enclosure) John L. Pierce (w/o enclosure) t Sent By, Gaylor, Edwards & Vatcher; 910 455 0117; Mar-9-01 6:24PM; Page 2/3 GAVLOR, EDWARDS & V ATCU ER Jimmy F, GAYWR J. DEWEY EDWARM, JR. WALTER W. VATL'NFR Daniel C. Oakley Environmental Division North Carolina Department of Justice P.O. Box 629 Raleigh, NC 27602--0629 ATTORNFYS AT DAw FROST OFFICE 13OX 1057 )ACKSONVILLE, NORTH CAROUNA 28541 -to57 February 12, 2001 Re: Harbor Pointe, Pender County, North Carolina Dear Dan: _0r}:1C1:: 219 Nrw 8RI1}(;F Y1'RF:F7 TFLU110NE: (910)455-9444 FAY: (910) 455-0117 As discussed in our telephone conversation this morning, it will be difficult, if not impossible, for Sunset Cove Development, Inc. to comply with the stormwater permitting rules for the subject tract. At our meeting with Scott Vinson of the Division of Water Quality in November, 2000 we discussed the possibility of an infiltration system. It was understood that since the seasonal high water table was approximately two feet below the land surface, the proposed infiltration system would not have to be in strict compliance with 1 5A NCAC 2H .1008(d)(3) which requires the bottom of the infiltration system to be two feet above the high water table, An engineer employed by John L. Pierce Associates, P.A., attempted to design an infiltration system to come as close as possible to the Division of Water Quality requirements. In doing so, the system would require significant modifications to Lots 2, 3, 4, 7 and 8 in the Harbor Pointe Subdivision. These lots are no longer owned by Sunset Cove Development, Inc. I am almost certain the various owners of these lots would not consent to the modifications required to accomodate the system designed. Following is a time line of the various actions and notices concerning the issuance of the CAMA permits for construction of the bulkhead and stormwater management violation: 1. 3/20/2000,- three (3) CAMA general permits issued to Jimmy Pierce, John Pierce and O.H. Carroll for construction of the S59 feet of bulkhead and boat ramp; 2. Between end of March and middle of June, 2000 bulkhead and boat ramp constucted. 3. 4/20/2000 - deed for Lot 5 to HomeCo Builders, Inc. and deed for Lot 6 to John L. Pierce recorded; 4. 5/05/2000 - deed for Lot 7 to Bobby B. Baird, d/b/a B.B. Building Company recorded; S. 5/19/2000 - deed for Lot 3 to William H. Bodenhamer, Jr. and deed for Lot 4 to Gaylor, Edwards and Vatcher recorded; 6. 6/--/2000 deed for Lot 8 to O.H. Carroll Construction, LLC recorded; 7. 7/28/2000 - meeting with Charles Jones, Jim Gregson and Mary Jo Alcoke, we explained that although three individuals who were issued the CAMA permits were not actually granted title, there were six (6) separate owners of the tract at the time construction was completed and each was responsible for its prorata share of the costs of construction; we were informed that as long as Division of Land Resources did not require a sedimentation and erosion control plan the Division of Coastal Management would not take any action concerning the technical violation in the issuance of the CAMA general permits; Sent By: Gaylor, Edwards & Vatcher; 910 455 0117; Mar-9-01 6:24PM; Page 3/3 8. 8/04/2000 - letter from John Pierce to Dan Sams of Division of Land Resources explaining why bulkhead and boat ramp constructed without submission of sedimentation and erosion control plan; 9. 9/14/2000 - letter from Jim Gregson setting forth Notice of Violation and Request to Cease; 10. 9/22/2000 - letter from Scott Vinson to either submit a stormwater permit application or response regarding the status of the project; 11. 9/--/2000 - stormwater management general permit under .1003(5)(A) submitted; 12. 1 0/1 3/2000 - letter from Rick Shiver rejecting general permit application on the grounds that CAMA major required; 13. 1 1 /--/2000 - meeting with Scott Vinson, JimGregson and Bob Shroud do discuss possible resolution of disagreement as to necessity of stormwater permit. We would appreciate it if you would reconsider your position concerning the requirement of a stormwater permit in light of the chronology of events set forth above, the fact that the CAMA general permits could have been issued to the several actual owners of the lots, the difficulty, if not impossibility, of obtaining permission of the various lot owners for construction of an infiltration system and the significant impervious nature of the tract prior to the present development. If you believe a meeting of the various department heads would be helpful to resolve this situtation, just let us know. Another related issue on which I would appreciate your opinion concerns the issuance of building permits by the Town of Surf City. A copy of the Notice of Violation and Request to Cease dated September 14, 2000 from Jim Gregson was sent to Floyd Stewart in the building department of the Town of Surf City. He is of the impression that the Cease and Desist Notice precludes the issuance of building permits for the individual lot owners as well as Sunset Cove Development, Inc. Since these lots were legally platted and sold prior to the notice of violation, do not believe the individual lot owners, who bought in good faith, without notice of any DENR violation, should be denied building permits. Please let me know your thoughts on this issue as soon as possible. Sincerely, J. Dewey Edwa s, Jr. cc: John L. Pierce C:',OFFICEIWPWIMtiWPDOCS\LETTEAs',OAKI.FY2 WPO r,A JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING - LAND PLANNING - MAPPING OFFICE: 910-346-9800 FAX NO.: 910-346-1210 E-MAIL: jpierce@onslowonline.net P.Q. Box 1685 Jacksonville, NC 28541 MAGI � 4 2001 May 9, 2001 : Mr. Scott Vinson gy Stormwater Section N.C. Department of Environment and Natural Resources 127 North Cardinal Drive Wilmington, N.C. 28405-3845 Re: Harbor Point Surf City, N.C. Dear Mr. Vinson, 409 Johnson Blvd. Jacksonville, N.C. 28540 Attached herewith for your review is the revised Stormwater Plan with applicable details & Design Calculations for the infiltration systems serving the referenced project. In accordance with your letter dated April 17, 200 all infiltration facilities have been designed to accommodate 1.55" of runoff from all impervious surfaces, including the existing roadway. Furthermore, all infiltration facilities adhere to the required 50' setback from mean high water. Since this revised design meets all applicable design requirements, the owner does not wish to pursue a Director's Certification as discussed in our meeting of March 29, 2001. We are hopeful that the plan can be reviewed and approved at the Regional Office level. Please review the plans and calculations and indicate if the design is acceptable, if so, I will prepare the permit application package and forward to your office. We very much appreciate your assistance in this matter. Should you have any questions, please call at (910) 346-9800. Z David K. Newsom, PE JOHN L. PIERCE & ASSOCIATES LOTS, FARMLAND AND WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT - LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING Phase IEnvironmental Audit / Risk Assessment J � t. ' , t ��� v►1-'V� f d pf�ESSlp Design Calculations SEAL InfiltrationrSystem(s) ro 18148 Harbor Point Subdivision — Surf City, N.C. +'�G�IivE,,��• April 3, 2001�OOB°��o�°° (Revised May 7, 2001) 1. Project Description The proposed subdivision is located in Surf City on NC 201150 just west of the bridge over the intercoastal waterway. The site includes a total of 2.14 acres and has been subdivided into 1 l lots. The site is on the location of a pre-existing ferry landing and mobile home park. As a result, an existing roadway (gravel/soil) is utilized for access to the property. Prior to the date of these calculations, the project has been initiated without an approved stormwater plan. Currently, five (5) residences and associated impervious area have been constructed on the site. These calculations address new infiltration facilities for the 6 undeveloped lots as well as retrofitted infiltration facilities on those lots already developed, in accordance with the applicable design requirements. 2. Design Requirements Project will be designed in accordance with NC Administrative Code Section 15A NCAC 2H.1000 — Stormwater Management. This site is in the category of "developmenr activities within one-hatf mile of and draining to SA waters or wrnamed trihutaries to SA waters". Due to existing and proposed impervious areas, the project is considered "high density development", in accordance with regulations, an infiltration system designed to accommodate 1-1/2" of rainfall will be required. Furthermore, runoff in excess of the design volume must flow overland through a vegetative filter. In accordance with "high density" requirements, runoff from all impervious surfaces, including existing, must be treated. 3. Im envious Drainage Areas Existing and proposed impervious areas are as follows: EXISTING IMPERVIOUS Building Driveway Roadway system Aren Area Arca lA -0- -Q- 4)- I13 -0- -0- -0- 2A 366 -0- -0- 213 694 -0- -0- 3A -0- -0- -0- 313 -0- -0- -0- 4A -0- -0- -0- 4H -0- -0- -0- 5 504 -0- -0- 516 1,008 1,257 6,009 6 504 -0- 4)- 7A 504 -0- -0- 713 504 -0- -0- 8 504 -0- -0- MA 504 3,207 3,504 9A/913 -0- -0- 1,110 913/9c -0- -0- 2,475 PROPOSED IMPERVIOUS Building Driveway Roadway Total Arca Area Area lmyst rvious 366 -0- d1- 366 694 -0- -0- 694 -0- -0- -0- 366 -0- 4)- -0- 694 476 -0- -0- 476 476 -0- -0- 476 476 4)- -0- 476 476 -0- -0- 476 -0- -0- -0- 504 -0- 1,477 -0- 9,751 -0- -0- -0- 504 -0- -0- -0- 504 -0- -0- -0- 504 -0- -0- -0- 504 476 -0- -0 7,691 952 1,749 -0- 3,911 1428 2,267 -0- 6,170 Total 33.967 R 4 4. System I -A a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 = 366 sf x 1.5"/12" = 45.8 cf b. Required System Volume System Volume = 45.8 cf / stone porosity = 45.8 cf / 0.48 = 95.4 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthavailahle = (ground elevation) - (0.9 4- 2.0' required separation) = 6.4 - 2.9 = 3.5' d. Required Area AreaRy„ia = System Volume / Deptha,..,,;bb1c = 95.4 cf / 3.5' = 27.3 sf e. Required Length Assume width = 3' Length,, i,w = Arear quj,d / Width = 27.3 sf/ 3' = 9.l' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areas ,id d x 0,52 in/hr) _ (45.8 cf x 12) / ((9.1' x 3') x 0.52 in/hr) 38.7 hours (1.6 days) o.k., < 5 5. System 1-13 a. Runoff Volume Runoff Volume = Impervious sf x 15712 = 694 sf x l . 5"/ 12" = 86.8 cf b. Required System Volume System Volume = 86.8 cf / stone porosity = 86.8 cf / 0.48 = 180.7 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Deptho";l;,hic = (ground elevation) - (0.9 -+- 2.0' required separation) = 6A - 2.9 = 3.5' d. Required Area Arean,,,,,;nd = System Volume / Depthav iuhie = 180.7 cf / 3.5' =51.6 sf e. Required Length Assume width = 3' Leng1hra,,,Li.L.1 = Arear,,,,,ired / Width = 51.6 sf / 3' = 17.2' f Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 I (Areap,,,,ida x 0.52 in/hr) (86.8 cf x 12) / ((17.2' x 3') x 0.52 in/hr) 38.8 hours (1.6 days) o.k., < 5 6. System 2A a. Runoff Volume Runoff Volume = Impervious sf x 1.5"112 = 366 sf x i.5"/12" = 45.8 cf b. Required System Volume System Volume = 45.8 cf / stone porosity = 45.8 cf 1 0.48 = 95A cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthmuil,hle = (ground elevation) - (0.9 + 2.0' required separation) = 6.2 - 2.9 = 3.3' d. Required Area AreaR,,,,,i,d = System Volume / Depthuvaju. lc = 95.4 cf / 3.3' = 28.9 sf e. Required Width Available length - 1 l .5' Width-n-i" = Area,,,,i,,j / Width = 28.9 sf / l 1.5' = 2.5' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,,,o,;&-.d x 0.52 in/hr) (45.8 cf x 12) / ((1 l_5' x 2.5') x 0.52 in/hr) 36.8 hours (1.5 days) o.k., < 5 7. System 2-13 a. Runoff Volume Runoff Volume = Impervious sf x l .5"/12 = 694 sf x 1.5"/12" = 86.8 of b. Required System Volume System Volume = 86.8 cf / stone porosity = 86.8 of / 0.48 = 180.7 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth,vailable = (ground elevation) - (0.9 + 2.0' required separation) = 6.2 - 29 = 3.3' d. Required Area Area,ti,,,,i,,.d = System Volume / Deptha,.,;,a6,, = 180.7 cf / 3.3' = 54.8 sf e. Required Width Available length = 21.9' Width,e,uirW = AreaTa,,,i,,d / Width = 54.8 sf/ 21.9' = 2.5' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area.,Rdm x 0.52 in/hr) (86.8 cf x 12) / ((21,9' x 2.5') x 0,52 in/hr) = 36.6 hours (1.5 days) o.k., < 5 8. System 3-A a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 = 476 sf x 1.5"/ 12" = 59.5 cf b. Required System Volume System Volume = 59.5 cf / stone porosity = 59.5 cf / 0.48 = 124.0 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthavidah1c = (ground elevation) - (0.9 + 2.0' required separation) = 5.9 - 2.9 = 3.0' d. Required Area Arear;,,u,rM = System Volume / Deptha%,ailable = 124 of / 3.0' =41.3 sf e. Required Width Available length = 17.2' Width.,,,irL,, = Arear,,,.i,Ld / Width = 41.3 sf / 17.2' = 2.4' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils .Report) Drawdown Time = Runoff Volume x 12 / (AreaM,;,M x 0.52 in/hr) (59.5 cf x 12) / ((17.2' x 2.4') x 0.52 in/hr) 33.3 hours (1.4 days) o.k., < 5 9. System 3-B a. Runoff Volume Runoff Volume = impervious sf x t_5"/12 = 476 sf x 1.5/12" = 59.5 cf b. Required System Volume System Volume = 59.5 cf / stone porosity = 59.5 cf / 0.48 = 124.0 of c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth,4,iiable = (ground elevation) - (0.9 + 2.0' required separation) = 5.9 - 2.9 = 3.0' d. Required Area Area,t,{„i,d = System Volume / DepthavailaMc = 124 cf / 3.0' =41.3 sf e. Required Width Available length = 17.2' Width{"i„ ired = Area,-,.,,„ i,d / Width =41.3sf/ 17.2' -24' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 I (Areat„o,.i" x 0.52 in/hr) (59.5 cf x 12) / ((17.2' x 2.4') x 0.52 in/hr) 33.3 hours 0.4 days) o.k., < 5 10. System 4-A a. Runoff Volume Runoff Volume = Impervious sf x 15712 = 476 sf x 1.5"/ l 2" - 59.5 cf b. Required System Volume System Volume = 59.5 cf / stone porosity = 59.5 cf / 0.48 = 124.0 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Deptha,ai,able = (ground elevation) - (0.9 + 2.0' required separation) = 5.9 - 2.9 = 3.0' d. Required Area Area,,,.i,.d = System Volume / Depth a„.iuhir = 124 cf / 3.0' =41.3 sf e. Required Width Available length = 13.2' Width,,,,,,,;nd = Area,,,,,,ind / Width =4i.3 sf/ 13.2' = 3.1' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,,,.;&d x 0.52 in/hr) (59.5 cf x 12) / ((13.2' x 3.1') x 0.52 in/hr) 33.6 hours (1.4 days) o.k., < 5 l l . System 4-B a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 _ 476 sf x 1.5"/ 12" = 59.5 cf b. Required System Volume System Volume = 59.5 cf / stone porosity = 59.5 cf / 0.48 = 124.0 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Deptha,.,,,,b,c = (ground elevation) - (0.9 + 2.0' required separation) = 5.9 - 2.9 = 3.0' d. Required Area Area,ly,,;,w = System Volume / Depth,,.;ub,, = 124 of / 3.0' =41.3 sf e. Required Width Available length = 13.2' Width,N.i,w = Area, ,,,i„w / Width =41.3 sf/ 13.2' = 3.1' f Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,,,,,ika x 0.52 in/hr) (59.5 cf x 12) / ((13.2' x 3. P) x 0.52 in/hr) 33.6 hours (1.4 days) o.k., < 5 12. System 5 a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 = 504 sf x 15712" = 63.0 cf b. Required System Volume System Volume = 63.0 cf / stone porosity = 63.Ocf / 0.48 = 131.3 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthava;iab,e = (ground elevation) - (0.9 + 2.0' required separation) = 5.2 - 2.9 = 2.3' d. Required Area Area,,,s,,;,..a = System Volume / Depthavaelahle = 131.3 cf / 2.3' = 57.1 sf e. Required Width Available length = 10.0' Width„N,,;rcd = Areas„ i,,a / Width = 57.1 sf / 10.0' = 5.7' f Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,.,i w x 0.52 in/hr) (63.0 of x 12) / ((10,0' x 5.7') x 0.52 in/hr) 25.5 hours (I. i days) o.k., < 5 13. System 5/6 a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 = 9,751 sf x 1.5"/ l 2" = 1,218.9 cf b. Required System Volume System Volume = 1,218.9 cf / stone porosity = 1,218,9 cf / OA8 = 2,539.3 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Deptha,ailable = (ground elevation — 0.5) - (0.9 + 2.0' required separation) = 5.0 - 2.9 = 2.1' d. Required Area Area,,„ i,,.d = System Volume / Depthavaaable = 2,539.3 cf / 2.1' = 1,209.2 sf e. Required Length Assume width = 4.7' Lengthrequired = AreaT,,„y,d / Width = 1,209.2 sf / 4.7' = 257.3' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Arearf,,,jdm x 0.52 in/hr) (1,218.9 cf x 12) / ((257.3' x 4.7') x 0.52 in/hr) 23.3 hours (0.97 days) o.k., < 5 14. System 6 a. Runoff Volume Runoff Volume = Impervious sf x 1.5" /12 = 504 sf x 1.5" /12" 63.0 cf b. Required System Volume System Volume = 63.0 cf / stone porosity = 63.Ocf / 0.48 = 131.3 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthavailable = (ground elevation) - (0.9 + 2.0' required separation) = 5.7 - 2.9 d. Required Area Arean.,{,,;R.d = System Volume / Depthavulablc =131.3cf/2.8' = 46,9 sf e. Required Width Available length = 11.5' Width,,„ 1fed = Area,,,,,;,,d / Width = 469 sf / 1 1.5' = 4.1' f Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,,,,j" x 0.52 in/hr) _ (63.0 cf x 12) / ((11.5' x 4.1') x 0.52 in/hr) 30.8 hours (13 days) o.k., < 5 15. System 7-A a. Runoff Volume Runoff Volume = impervious sf x 1.5"/12 = 504 sf x 1.5"/12" = 63.0 cf b. Required System Volume System Volume = 63.0 cf / stone porosity = 63.0 cf / 0.48 = 131.3 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthar,jilabie = (ground elevation) - (0.9 + 2.0' required separation) = 5.3 - 2.9 = 2.4' d. Required Area AreaR„ui„w = System Volume / Deptha%,;labie =131.3cf/ 2.4' = 54.7 sf e. Required Width Available length = 17.7' Width,.4.ired = Area,,.i,d / Width = 54.7 sf 1 17.7' = I F f Drawdown Time Assume soil hydraulic conductivity of 0,52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,,, ,j W x 0.52 in/hr) (63.0 cf x 12) / ((17.7' x 3. i') x 0.52 in/hr) 26.5 hours (1.1 days) o.k., < 5 16. System 7-B a. Runoff Volume Runoff Volume = Impervious sf x 1.5" /12 = 504 sf x 1.5/12" = 63.0 cf b. Required System Volume System Volume = 63.0 cf / stone porosity = 63.0 cf / 0.48 = 131.3 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthava;iahie = (ground elevation) - (0.9 } 2.0' required separation) = 5.3 - 2.9 = 2.4' d. Required Area AreaR.4„ir,,, = System Volume / Depth,v.,;usE, =131.3cf / 2.4' = 54.7 sf e. Required Width Available length = 17.7' Widthreq„i,W = Area,,,,,;, / Width = 54.7 sf / 17.7' =3.P f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,,,,md d x 0.52 in/hr) (63.0 cf x 12) / ((17.7' x 3.V) x 0.52 in/hr) 26.5 hours (I.1 days) o.k., < 5 17. System 8 a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 = 504 sf x 1.5"/12" = 63.0 cf b. Required System Volume System Volume = 63.0 cf 1 stone porosity = 63.0 cf 1 0.48 = 131.3 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Deptha`aitabte = (ground elevation) - (0.9 + 2.0' required separation) = 5.0 - 2.9 = 2.V d. Required Area AreaR.qui„M = System Volume / Deptha1�itabte =131.3cf/ZV = 62.5 sf e. Required Width Available length = t9.0' Widthf quires = Area�,,,,T,A / Width = 62.5 sf / 19.0' = 3.3' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Arear,o,;&..d x 0.52 in/hr) (63.0 cf x 12) / ((19.0' x 3.3') x 0.52 in/hr) 23.2 hours (0.97 days) o.k., < 5 18, System 819A a. Runoff Volume Runoff Volume = Impervious sf x 1.5/12 = 7,691 sf x 1.5"/12" = 96 f .4 of b. Required System Volume System Volume = 961.4 of / stone porosity = 961.4 cf / 0.48 = 2,002.9 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthavaitabt� = (ground elevation - 0.5) - (0.9 + 2.0' required separation) = 4.6 - 2.9 = 1.7' d. Required Area Area,qui,,.d = System Volume / Deptha4d]labla = 2,002.9 cf / 1.7' = 1,178.2 sf e. Required Length Assume width = 4.9' Length,e4„ irM = Area,.,,,i,,,d / Width —2,002.9sf/ 4.9' 240.4' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,11 ,i&d x 0.52 in/hr) (961.4 cf x 12) / ((240.4' x 4.9') x 0.52 in/hr) W 18.8 hours (0.78 days) o.k., < 5 19. System 9A/913 a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 = 3,811 sf x 1.5"112" = 476.4 cf b. Required System Volume System Volume = 476.4 cf / stone porosity = 476.4 cf / 0.48 = 992.4 cf c. Available Depth Assume groundwater elevation = 090 (from Site & Soils Report) Depth„aii,bjc = (spreader elevation) - (0,9 + 2,0' required separation) = 4.4 - 2.9 = 1.5' d. Required Area Arear.y„irw = System Volume / Deptha,;,iL,,hj, = 992.4 cf / 1.5' = 661.6 sf e. Required Length Assume width = 10.0' Length„ .,,rd = Area,,,,,,�,,d / Width = 661.6 sf / 10.0' = 66.2' f Drawdown Time Assume soil hydraulic conductivity of0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,,,,,;ae,l x 0.52 in/hr) (476.4 cf x 12) / ((662' x 10.0') x 0.52 in/hr) 16.6 hours (0.69 days) o.k., < 5 20. System 913/9C a. Runoff Volume Runoff Volume = Impervious sf x 1.5"/12 = 6170 sf x 1.5"/ 12" = 771.3 cf b. Required System Volume System Volume = 771.3 cf 1 stone porosity = 771.3 cf / 0.48 = 1,606.8 cf c. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthal.,;lahle = (spreader elevation) - (0.9 + 2.0' required separation) = 4.3 - 2.9 = 1.4' d. Required Area Area,ts,,,,,d = System Volume / Depth,vailhle = 1,606.8 cf / IA' = 1,147.7 sf e. Required Length Assume width = 10.0' Lengthfequifea = Area,,,7fed / Width = 1,147.7 sf l 10.0' = 114.8' f. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) 1 Drawdown Time = Runoff Volume x 12 / (Areal„. ia�d x 0.52 in/hr) (771.3 cf x 12) / ((114.8' x 10.0') x 0.52 in/hr) 15.5 hours (0.65 days) o.k., < 5 P. 1 I FILE MODE 149— MEMORY TX * * * COMMUNICATION RESULT REPORT ( APR.18.2001 OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANS14ER ADDRESS (GROUP) — 8-9103461210 2:15PM ) TTI NCDENR WIRO RESULT PAGE -------------------------- OK P. 3/3 E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office MiclYael F, Easley, Governor William G. boss jr., Secretary FAX COVER SHEET Date: '7ANo. Of Pages: To: pe,oviqew From: Co : I�,.1. � `c.,�.e � � oc .. C 0 .- FAX #:9Lo -�3q(,2 - 1 ;2-1 0 - - - FAX#: 9l_ Or3S0-2004 REMARKS: Lit 127 Cardlnnl Drive Extension ,WiIminglon, N.C. 28405.3845 Telephone (910) 395-3900 fax (910) 350.2004 An Equal Opportnoity Alilrmntive Action Employer State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary Date: q11 ? A To:. FAX #: g(o_ REMARKS: FAX COVER SHEET No. Of Pages: From • , CO: D) �j a FAX#: 910-350-2004 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 3.90-2004 An Equal opportunity Affirmative Action Employer State of North Carolina Dpartment of Environment and Natural Resources Wilminl;lon Regional Office Michael F. Isasley, Governor William G. Ross, llr., Secretary Division of Water Quality April 17, 2001 Mr. David Newsome, P.f'. John L. Pierce & Associates, P.A. PO Box 1685 Jacksonville, NC 28540 A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SubJect: State Stormwater Requirements Harbor Pointe Subdivision Stormwater Project No. SW8 000905 Pender County Dear Mr. Newsome: After reviewing the proposed project and consulting; additional Water Quality staff experienced in the treatment of Stormwater runoff I offer the following design modifications to the above mentioned project: Can the same amount of volume found ill the underground infiltration trenches be found in creating, the infiltration basins/vegetated swales for all lots like the ones found between lots 5, 6, 7, & 8? Would these infiltration basins have a higher bottom elevation therefore increasing the amount distance from the SFIW`I'? Moving systems 1, 2, 3, 4, 8, 9, 10, & 11 would help facilitate stormwater drainage easements as well as the operation and maintenance that goes along; with these systems. It has been determined that because of possible future maintenance problems, treatment systems will not be allowed under building structures. 2. The higher the flow spreader mechanism is constructed at the outlet end the more length of vegetated swalc up slope could be used for storage volume. Could it be possible to modify the elevation/grade of the undeveloped lots to allow for a higher outlet structure/flow spreader? The required 50 Ioot setback for all infiltration systems has not been nlct. Could it be possible to pull back the infiltration basins/vegetated swales to 50 feet from mean high water and still meet the 1.5 inch storage volume? I f not, how much would the storage volunle be short'? Could additional area located beside the drive areas of lots 1, 9A, 913, & 9C be used for storgage? The area could possibly be graded lower than the drives and be connected to the adjacent vegetated Swale/infiltration basins. Also could the idea ofa shallow vegetated Swale running along side the road be implemented to allow for the collection and storage of the road ]'1.1110ff as discussed ill Our nieeting oil March 29? 4. It should be noted or shown on the plans that roof drains are to be directed into the infiltration basins. Also the parking area under the buildings should also be graded to drain into the basins and not toward the bulkhead. Ill order to increase the anlourlt of storage volunic available, the use of bulkheading the sides of'the shallow infiltration basins should be considered when i-edesigiiiiig these systems. Instead ofhaving a 3:1 side slope, a short vertical bulkheaded wall running along the length of the basin on both sides will be permitted for this project. 127 Cardinal Dr. list., Wilmington, North Carolina 28405 'Telephone 910-395-3900 FAX 910-350-2004 An Ggwrl Opportunity Affirmative Action Employer 50,va recycledl10'%o post -consumer paper . 6. Are there any water supply wells located within the project site or within 100 feet of the property boundary? 7. Deed restrictions will need to be recorded on all of the lots owned by Sunset Cove or on any of the individual lots owned by partners associated with this development. Deeds and casements will need to be sought after on those lots that have already been sold. Please copy this Office on any correspondence sent to those individual homeowners and their responses. 8. "['here will need to be sediment removal benchmarks created for the infiltration basins in order to determine when sediment will need to be removed. recognize that some ofthcse questions will require additional work and calculations to be made. However if' Under any circumstance a specific requirement is not being meet than appropriate efforts need to be shown as to how the requirements were attempted to be observed and as to what reasons the requirements Carl not be made. Proper justification needs to be documented before staff can make recommendations for permitting. Sincerely, cot Vinson I�nvironment 11 Engineer RSSlsav: S:1WQSlS'I'ORMWAIALF"I'TIaRS1000905.APR cc: Wilmington Regional Office JOHN L. PIERCE & ASSOCIATE •7EIVEDLAND SURVEYING - LAND PLANNING - MAPPING OFFICE-. 910-346-9800 APR FAX NO.: 910-346-1210 E-MAIL: jpierce@onslowonline.net BY' P.O. Box 1685 409 Johnson Blvd. Jacksonville, NC 28541 Jacksonville, N.C. 28540 April 3, 2000 Mr. Scott Vinson Stormwater Section N.C. Department orEnvironment and Natural Resources 127 North Cardinal Drive Wilmington, N.C. 28405-3845 Re,. Harbor Point Surf City, N.C. Dear Mr. Vinson, Attached herewith For your review are the Stormwater Plan with applicable details & Design Calculations for the infiltration systems serving the referenced project. Per our meeting last week, the owner wishes to permit the project High Density. As a result, +, infiltration facilities have been designed to accommodate 1.5" of runoff from all impervious surfaces, including the existing roadway. Since this design meets all applicable design requirements, we do not wish to pursue a Directors Certification as we discussed during our meeting. We are hopeful that the plan can be reviewed and approved at the Regional Office level. Please review the plans and calculations and indicate if the design is acceptable. If so, I will prepare the permit application package and forward to your office. We very much appreciate your assistance in this matter. Should you have any questions, please call at (910) 346-9800. Your,,tfuly, DaVff K. Newsorpl PE .IOHN L. PIERCE & ASSOCIATES LOTS, FARMLAND AND WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT - LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING Phase I Environmental Audit / Risk Assessment Design Calculations��'"tiTi a F Infiltration System(s) $4$ h for Harbor Point Subdivision -- Surf City, N.C. 9� ���,��'F'��o���'`��`�' � April 3. 2001 1. Project Description The proposed subdivision is located in Sur City on NC 20 ]/ 0 just Xvest of the bridge over the intercoastal waterway. The site includes a total of 2.14 acres and has been subdivided into I I lots. The site is on the location of a pre. -existing ferry landing and mobile home park. As a result, an existing .roadLva�' ("gravel/soil) is utilized for access to the property. Prior to the date of these calculations. the project has been initiated without an approved storm,,vaier plan. Currently. five (5) residences and associated impervious area have. been constructed on the site. These calculations address new infitration facilities for the 5 undeveloped lots as weal as retrofitted infiltration facilities on those lots already developed, in accordance -itil the applicable design requirements. pesign Recluiremenss Project will be designed in accordance with NC Administrative Code Section 1 ?A NCAC 211.1000 — Stormwater Management. This site is in the category of "(1oveloppmttt rzctivitices loithi;T n;te-hnlf mike n1' wuizhwinfi g to `A ,vergers or a;wwneci trihntories t() tsq waters", Due to existing and proposed impervious areas, the project is considered "{rig{ cite;miry dev<elryttwtra••. In accordance with regulations, an infiltration system designed to accommodate 1-1/2" of rainfall will be required. Furthermore, runoff in excess of the design volume must flow overland through a vegetative filter. 1n accordance with "{fig{t rlc+trsin' requirements, runoff from all impervious surfaces, including existing, must be treated. ;. lir��aaae ail'P25 Existing and proposed imperviots areas are as follows; EXISTING IMPERVIOUS PROPOSED IMPERVIOUS BLDG DRIVEWAY ROADWAY' BLDG DRIVEWAY ROADWAY TOTAL LOT AREA AREA AREA AREA AREA AREA IMPERVIOUSI 1 0 0 1598 1060 402 0 3060 2 1060 455 1558 0 0 0 3073 3 0 0 1187 952 499 G 1 2638 4 0 0 1144 952 576 0 2672 5 1008 802 1094 0 0 0 2904 6 1008 801 1485 0 0 0 3294 7 1008 906 1112 0 0 0 3026 8 1008 1500 1367 0 0 0 3875 9A 0 0 1458 ! 1 952 1221 0 3631 98 0 0 1223 952 1360 0 3535 9C 1 0 0 701 952 1435 0 3088 TOTAL 34796 4. .System 1 (L t 9 ) a. Impervious Areas Buildings (952 sf 12) = 476 sf Driveways (1435 sf/2) = 718 sf Exist Road 701 sf 1,895 sf b. Runoff Volume Runoff Volume = 1,895 sf x 1.5"/12 = 237 cf c. Required System Volume System Volume = 237 cf / stone porosity = 237 cf 10.48 = 493.8 cf d. Available Depth Assume groundwater elevation = 0,90 (from Site & Soils Report) Depthal;,;jable = (spreader elevation) - (09 + 2.0' required separation) = 3.60 - 2.90 = 0.70 e. Required Area Area,��jr d = System Volume / Depthavailable = 493.8 cf / 0.70' = 705 A sf f. Required Length Length"iPed = Area, q&m / Available Width = 705.4 sf/ 20' = 35.3' (say 35.5') g, Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Arearmvid.d x 0.52 in/hr) (237 cf x 12) / ((35.5' x 20') x 0.52 in/hr) 7.7 hours (0.32 days) o.k., < 5 5. 5vstem 2 (Lot 9C & Lot 9B) a. Impervious Areas Buildings Driveways Exist Road (952 sf/ 2) + (952 sf/ 2) _ (1435 sf/ 2) + (1360 sf/ 2) _ b. Runoff Volume Runoff Volume =3,573 sf x 1.5"/12 = 447 cf c. Required System Volume 952 sf 1,398 sf 1,223 sf 3,573 sf System Volume = 447 cf / stone porosity = 447 cf / 0.48 = 931.3 of d. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) DepthavB11abie = (spreader elevation) - (0.9 + 2.0' required separation) = 3.80 - 2,90 = 0.90 e. Required Area Area„N.,.d = System Volume / Depthavaiiabk = 931.3 cf / 0.90' 1,034.8 sf f. Required Length Lengthmq,,;rcd = Arearq,i,,d / Available Width = 1,034.8 sf/ 30' = 34.5' g. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areapm%,ded x 0.52 in/hr) w (447 cf x 12) / ((34.5' x 30') x 0.52 in/hr) 10.0 hours (0.42 days) o.k., < 5 6. S atem 3 L is 9B &99A.) a. Impervious Areas Buildings (952 sf/ 2) + (952 sf/ 2) = 952 sf Driveways (1360 sf 12) + (1221 sf/ 2) = 1,291 sf Exist Road 1-458 sf 3,701 sf b. Runoff Volume Runoff Volume = 3,701 sf x 1.5"/12 = 463 of c, Required System Volume System Volume = 463 cf / stone porosity = 463 cf / 0.48 = 964.6 cf d. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Deptha,aitable = (spreader elevation) - (0.9 + 2.0' required separation) = 4.00 - 2.90 = 1.10 V � r .. i '; .. j ;.� . � , r .. . _ r' .. •• ,. r :" . a �r �. ., ,.� i r r ,: i y.-• �. r � 7 � .� � 4• ,,. r .y� i •,, . • e. Required Area Area,equired = System Volume / Depthav ika51e = 964.6 cf / L 10' = 876.9 sf f. Required Length LengthrNuired = AreaNj,,j,, / Available Width 876.9 sf / 20' = 43.8' (say 44.0') g. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areal,,.;dd x 0.52 in/hr) (463 cf x 12) / ((44.0' x 20') x 0.52 in/hr) 111 hours (0.51 days) o.k., < 5 7. System 4 (Lot 9A &8) a. Impervious Areas Buildings (952 sf / 2) + (1,008 sf / 2) = 980 sf Driveways (1221 sf / 2) + (1500 sf / 2) = 1,361 sf Exist Road 1,367 sf 3,708 sf b. Runoff Volume Runoff Volume = 3,708 sf x 1.5"/12 = 464 cf c. Required System Volume System Volume = 464 cf / stone porosity = 464 cf / 0.48 = 966,7 cf d. Available Depth Assume groundwater elevation = 0-90 (from Site & Soils Report) Deptha�%ilasle = (spreader elevation) - (0.9 + 2.0' required separation) =4.10 - 2.90 = 1.20 e. Required Area Arearegaired = System Volume / Depthavailable = 966.7 cf / 1.20' = 805.6 sf f. Required Length Lengthmq„ imd = Arear,„ii,d / Available Width = 805.6 sf/ 20' 40.3' (say 40.5') g. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,,, ided x 0,52 in/hr) (464 cf x 12) / ((40,5' x 20') x 0,52 in/hr) 13.2 hours (0.55 days) o.k., < 5 8. 5 stem 5 (Lot 8 a. Impervious Areas Buildings (1,008 sf/ 2) + (1,008 sf/ 2) = 1,008 sf Driveways (1,500 sf / 2) + (906 sf / 2) — 1,203 sf Exist Road 1,112 sf 3,323 sf b. Runoff Volume Runoff Volume = 3,323 sf x 1.5" /l 2 = 415 cf c. Required System Volume System Volume = 415 cf / stone porosity = 415 cf / 0.48 = 864.6 cf d. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthatinilable = (system top) - (0.9 + 2.0' required separation) = 4.25 - 2.90 = 1.35 e, Required Area Areareq,,;rod f. .Required Length Length,,q,,;red g. Drawdown Time = System Volume / DepthdL.Aabla = 864.6 cf / 1.35' = 640.4 sf = Area,,q,,;,,d / Available Width = 640.4 sf / 10' = 64.0' Assume soil hydraulic conductivity of 0,52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areap j&d x 0.52 in/hr) (415 of x 12) / ((64.0' x 10') x 0.52 in/hr) 15.0 hours (0.62 days) ok, < 5 f 1 . t 1 ,I. r 9. $Y is em 6 (Lot 7 a. Impervious Areas Buildings Driveways Exist Road (1,008 sf/ 2) + (1,008 sf/ 2) (906 sf/ 2) + (801 sf/ 2) b. Runoff Volume Runoff Volume = 3,347 sf x 1.5"112 = 418 cf c. Required System Volume System Volume = 418 cf / stone porosity = 418 cf / 0.48 = 870.8 cf d. Available Depth 1,008 sf 854 sf 1.g85 sf 3,347 sf Assume groundwater elevation = 0.90 (from Site R Soils Report) Depthava,iabie = (system top) - (0.9 + 2.0' required separation) = 4.50 - 2.90 = 1.60 e. Required Area Area,q,,;.a f. Required Length Lcngtllrequirw g. Drawdown Time = System Volume / Deptb;,,j ab,c, = 870.8 cf / 1.60' = 544.3 sf = Area,,virm / Available Width = 544.3 sf/ 10' = 54.4' (say 54.5') Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areapmv,d x 0.52 in/hr) — (418 of x 12) / ((54.5' x 10') x 0.52 in/hr) 17.7 hours (0.74 days) o.k., < 5 10. System 7 Lot 6 K 5) a. Impervious Areas Buildings Driveways Exist Road (1,008 sf/ 2) + (1,008 sf/ 2) — (801 sf / 2) + (802 sf / 2) b. Runoff Volume Runoff Volume = 2,904 sf x 1.5"/12 1,008 sf 802 sf 1 094 sf 2,904 sf .. i '� . � � � �. .� . i � 'd i � � - � .. .r � ! ',� . � � r� ,- � �, .� � ., '-f f � i � = 363 of c. Required System Volume System Volume = 363 cf / stone porosity = 363 of / 0.48 = 756.3 cf d. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth.,iawe = (system top) - (0.9 + 2.0' required separation) = 4.60 - 2.90 =1.70 e. Required Area Arearequirul f. Required Length Length„rq,ired g. Drawdown Time = System Volume / Depthacailabk = 756.3 of 1 1.70' = 444.9 sf = Area,�q„i,.,j / Available Width = 444.9 sf 110' = 44.5' Assume soil hydraulic conductivity of0.52 inity (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 / (Areapnnided x 0.52 in/hr) _ (363 cf x 12) / ((44.5' x 10') x 0.52 in/hr) 18.8 hours (0.78 days) o.k., < 5 SXstem 8 Lot 5 & 4 a. Impervious Areas Buildings (1,008 sf 12) + (952 sf / 2) — 980 sf Driveways (802 sf / 2) + (576 sf / 2) — 689 sf Exist Road 1 144 s 2,813 sf b. Runoff Volume Runoff Volume = 2,813 sf x 1.5"/12 = 352 of c. Required System Volume System Volume = 352 cf / stone porosity = 352 of / 0.48 = 733.3 of d. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth...Oable = (spreader elevation) - (0.9 + 2.0' required separation) = 5,00 - 2.90 = 2.10 e. Required Area Arearequired = System Volume I Depth,,, ijuhle = 733.3 of 1 2.10' = 349.2 sf f. Required Length Length,,q,i,w = Area,,q„„ee / Available Width = 349.2 sf / 20' = 17.5' g. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time = Runoff Volume x 12 1 (Areapr„vided x 0.52 in/hr) (352 of x 12) / ((17.5' x 20') x 0.52 in/hr) 23.2 hours (0.97 days) o.k., < 5 12. 5.ystem 9 (Lot 4 a. Impervious Areas Buildings (952 sf / 2) + (952 sf / 2) — 952 sf Driveways (576 sf / 2) + (499 sf / 2) w 538 sf Exist Road 1.187 sf 2,677 sf b. Runoff Volume Runoff Volume = 2,677 sf x 1.5' I12 = 335 of c. Required System Volume System Volume = 335 of 1 stone porosity = 335 of / 0.48 = 697.9 of d. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depthavailable = (spreader elevation) - (0.9 + 2.0' required separation) = 4.90 - 2.90 = 2.00 e. Required Area Areamquirod = System Volume / .Depthata&bLa = 697.9 of / 2.00' = 349.0 sf f. Required Length Lengthro,ired = Arearrquima / Available Width = 349.0 sf/ 20' = 17.5' ' � � 4 ' , .. 1 � .f� � � .. . . • i .1 Y .� y � k . rt , i I . x 1 � �, g. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site R Soils Report) Drawdown Time = Runoff Volume x 12 / (Area,,, ,j&d x 0.52 in/hr) _ (335 cf x 12) / ((17.5' x 20') x 0.52 in/hr) 22.1 hours (0.92 days) o.k., < 5 13. Systems ¢., Lot 3 2) a. Impervious Areas Buildings (952 sf/ 2) + (1060 sf/ 2) = 1,006 sf Driveways (499 sf / 2) + (455 sf / 2) = 477 sf Exist Road 1,558s f 3.041 sf b. Runoff Volume Runoff Volume = 3,041 sf x 1.5"/12 = 380 cf c. Required System Volume System Volume = 380 cf 1 stone porosity = 380 cf / 0.48 = 791.7 cf d. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Deptha,nOable = (spreader elevation) - (0.9 + 2.0' required separation) = 5.10 - 2.90 = 2.20 e. Required Area Areany„ iced = System Volume / .Depthava;iabie = 791.7 cf / 2.20' = 359.9 sf f. Required Length Length,,j,,;nd = Arean,,,,ued / Available Width = 359.9 sf/ 20' = 18.0' g. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site R Soils Report) Drawdown Time = Runoff Volume x 12 / (Mea,,ro,;ded x 0.52 in/hr) (380 cf x 12) / ((18,0' x 20') x 0.52 in/hr) 24.4 hours (1.02 days) o.k., < 5 14. Syem 11 Lot 2 R. 1) a. Impervious Areas Buildings (1,060 sf/ 2) + 1,060 sf — 1,590 sf .Driveways (455 sf/ 2)+ 402 sf — 630 sf Exist Road 1 598 sf 3,818 sf b. Runoff Volume Runoff Volume = 3,818 sf x 1.5"/12 = 477 cf c. Required System Volume System Volume = 477 cf / stone porosity = 477 cf / 0.48 = 993.8 of d. Available Depth Assume groundwater elevation = 0.90 (from Site & Soils Report) Depth,va;labze = (spreader elevation) - (0.9 + 2.0' required separation) 5.60 - 2.90 2.70 e. Required Area Area,,,i,m = System Volume / Deptha,a;labla = 993.8 cf / 2.70' = 368.1 sf f. Required Length Length,,q.iree = Area,,,,,,, / Available Width = 368.1 sf / 12' = 30.7' (say 31.0') g. Drawdown Time Assume soil hydraulic conductivity of 0.52 in/hr (see Site & Soils Report) Drawdown Time - Runoff Volume x 12 / (Area,,n,,,,d,,d x 0.52 in/hr) w (380 of x 12) / ((18.0' x 20') x 0.52 in/hr) = 24.4 hours (1.02 days) o.k., < 5 �t Permit No. .t (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This farm may be photocopied for use as an original DWO Stormwater Management _Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. I. PROJECT INFORMATION Project Name : Contact Person: This worksheet applies to: Basin No. (as identified on plans) Phone Number: in Drainage Area (from Form 5WU-101) II. DESIGN INFORMATION - Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (fmsl). Soils Report Summary Soil Type Infiltration Rate SHWT Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time in/hr or of/hr/sf (circle appropriate units) fmsl (Seasonal High Water Table elevation) inch (1.5 inch event far SA waters, I inch event for others) c.f. days Basin Dimensions Basin Size ft. x Basin Volume Provided c.f. Basin Elevations Bottom Elevation fmsl Storage Elevation fmsl Top Elevation fmsl ft. ft. (bottom dimensions) Form SWU-103 Rev 3.99 Page 1 of 3 III. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Attach justification if a requirement has not been met. Applicants Initials a. System is located 50 feet from class SA waters and 30 feet from other surface waters. b. System is located at least 100 feet from water supply wells. c. Bottom of system is at least 2 feet above the seasonal high water table. d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. e. System is not sited on or in fill material or DWQ approval has been obtained. f. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. g. Drainage area for the device is less than 5 acres. h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is attached. i. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). Design volume and infiltration calculations attached. j. System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. Calculations attached. k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V). 1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided. m. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches or dense vegetative cover is provided. n. Vegetated filter is provided for overflow and detail is shown on plans (Required minimum length is 50 feet for SA waters, 30 feet for other waters). o. Flow distribution mechanism within the basin is provided. p. A benchmark is provided to determine the sediment accumulation in the pretreatment device. q. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided). r. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days. A soils report and all pertinent draw -down calculations are attached. s. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Form S W U-103 Rev 3.99 Paae 2 of 3 31 IV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT l . After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetated cover to maintain a maximum height of six inches, and remove trash as needed. 3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration. Remove any blockage and repair the structure to approved design specifications. 4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth in the pretreatment unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over -excavating. Over -excavating may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the pretreatment unit. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the design depth reads feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin. 5. if the Division determines that the system is failing, the system will immediately be repaired to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. I acknowledge and agree by my signature below that I am responsible for the performance of the five maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title: Address: Phone: Signature: Date: Note: The legally responsible party should not he a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. 1, , a Notary Public for the State of , County of do hereby certify that personally appeared before me this day of , and acknowledge the due execution of the forgoing infiltration basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires Form S W U-103 Rev 3.99 Page 3 of 3 State of North Carolina Departrnent of Environment and Natural Resources Wilmington Regional Office Michael F. Easley. Governor VI'iiliam G. Ross, Jr., Secretan' Division of, \ ater Quality April 9. 2001 Ms. Betty Bullock. President S1.111SCt Cove Development, lnc. PO Box 1685 Jacksonville. NC 285d0 Subject: State Stormwater Requirements Harbor Pointe Subdivision Stormwatcl- Project No. SV18 000905 Pender Count, 1)car Nos. Bullock: Ott March 29. 2001 staff from the Wilmington Regional Office, consisting of Mr. Rick Shiver and myself, islet with Mr. John Pierce and Mr. David Newsome, P-E_ in order to help resolve the problems associated with the. project known as Harbor Pointe Subdivision located on NC Hwy 210 & 50 in Pender County. The problems plainly stemmed around the design requirements and specifications associated with the State Stormwater Program and the existing site constraints. Due to the nature and time displacement of the impervious built upon area that once existed on this site; the redevelopment permitting option can not be considered for this project. It is confirmed that a trailer park did exist back in the early 1970's, however aerial photographs show that in the early l 980's the site had been cleared of all trailers and tlhe site was overgrown with shrubbery and small trees. Over time the permeable nature of the sons has certainly increased from when there was regular traffic and built upon area on the site. As the site exists there is approximately 26.5'Vo of impervious coverage consisting of a newly paved access road and four to five sinole family residences. One feasible option that can be allowed is to halt any further construction of the lots and to pursue a Director's CertiYtcation for a Low Density Permit, noting that the built upon area limit for low density projects that drain to SA classified waters is only 25.0%. It eras discussed during the mecting'that this would come to a substantial amount of loss of possible income on the future sale of the lots and would not be a favored option by the developers. A second option that was discussed was to pursue. a high density permit that requires for this project to construct, operate and maintain an engineered infiltraiion system designed to store and infiltrate the first 1 .5 inches of runofffroth all the impervious area. To do this the scaling, back Of future built upon area is necessary in order to decrease the amount of storage volume required and at the same time increasing the amount of area available for storage of the 1.5 inch design volume. One of the design I-equirerllents for infiltration is for the bottom of the system to be at least 2 feet above the seasonal High water table, SI-1WT. Because the SHW'I" is approxinhatc,•ly 2 feet below the existing grade and the fact that the road in addition to concrete parking is already constructed on the site it may not be possible for this proiect to adequately meet all the infiltration requirements of the stormwater administrative Code. Due to this. it may be necessary to pursue a Director's Certification for the high density permit, however this option is highiy unlikely at this time and should not be taken 11110 aCCOU111 wllelh designin- the treatment system. ll was also discussed that to order to decrease the al1101.111t of impervious coverage the use of pavement rur111ers for the drive ways should be considered. Another option available to reduce 'guilt upon area would be to construct t11e parking area of permeable Pavement. All that can be done to reduce the amount of impervious coverage should be considered and proposed. Sincerely- , f � _ Scott Vinson Environmental En<_yineer RSS1s,,ty: S:1\NIQSIS"fORMWATILETTF.RS1000905.A1'R v cc: Wilmington Regional Office 127 Cardinal Dr. Ext.. Wilmin+otmi, Nurrh Carolina 2840� Telephone 910-39*-3900 FAX 910-3-50-2004 An h;nual Opportunity Afitrmative Action Employer 50"". rccvc1cd110 %. post -consumer paper Stale (,)f N.(;:tth Carolina Department of Envit-onment and Natural Resources Wilmington Regional Office Alichael F. Easle)', Governor William G. Ross, Jr., Secretary Division of Water Quality March 7.2001 CIIRTIFII?D ]HAIL 7000 0600 0023 4230 ] ](17 1ZF'I'URN RECEIPT la"QUES'rcl) Ms. Betty Bullock, ]'resident Sunset Cove Development, Inc. I'O Box 1685 Jacksonville, NC 28540 Sub iect:NOTICE OF RECOAIMENDATION FOR ENFORCEMENT Harbor Pointe Stormwater Permit No. S WS 000905 Pender County Dear Ms. Bullock This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violation of North Carolina General Statute NCGS 143-215.6A(2); Failing to apply for or secure; and/or act in accordance with the terms, conditions, or requirements of a permit required b)' NCGS ] 43-215.1 _ An incomplete application package was received on October 11, 2000 and was returned on October 13, 2000. You have failed to respond to the original request for a Stormwater Management Permit Application sent to you on September 22, 2000. If you have an explanation for this violation that you wish to present, please respond in writing to me within ten (10) days following receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. By copy of this letter to the Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If VOL] have any questions concerning this matter; please contact Scott Vinson at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/sav: S:IWQSISTORMWA7'\ENFLETR1000905.F1---I3 cc: Sam Altman, Topsail Beach Building lnspections Bradley Bennett Wihi�lnt�ton-]2egiona]=0fri? Central 7" i Ies 127 Cardinal Dr. Eat., Wilminglon, north Carolina 28405 'Telephone 910-395-3900 FAX 910-350-2004 An Equal Opporhmity Affirmative Action Employer recycled110'%. post -consumer paper � .fin 1S � Article Sent TO: mPostage -, ,-I- S , 3 Certified Fes b P�iGnaik� f'r'1 ru � Return Receipt Fee (Endorsement Required( Restricted +� r ly��1 o Delivery Fee (Endorsement Required) Total Poatege d Fees 3/ 7 �� V . N O), ' © Name (Please Pnnt Dearly) 0 6e Complated by mailer) --1 -- �-`�'•--1.Jrr i---y7.-----••---•K`---. C] o� Street, t. No.; a PC�t6ex No. T - ----••--------------•- ' o f'� .... fare, -------------•- Crty, fate, 2fP+4 '-- ----------------------•-•--...--- •- 1 r -) to YO =F" * * * COMMUNICATION RESULT REPORT ( MAR.12.2021 P. 1 FILE MODE --------------- 092 MEMORY TX OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER facsimile TRAN SM ITTAL to: Dan Dalcley fax #: 919-716-6767 re: Harbor Pointe date: March 12, 2001 pages: 2, including this cover sheet. ADDRESS (GROUP) 8-9197166767 TTI NCDENR WIRO RESULT -------PAGE-- OK P. 2/2 E-2) BUSY E-4) NO FACSIMILE CONNECTION facsimile TRANSMITTAL to: Dan Oakley fax #: 919_716.6767 re: Harbor Pointe date: March 12, 2001 pages: 2, inCluding this cover sheet. From the desk of... Beverly Rivenbark Admin Assistant NCDENR 127 Cardinal Drive Ext. Wilmington, NC 28405 910-395-3900 Fax:910-350-2004 TO: I I t f I T I Q f If rl i.JI I II, It,\I.LICrf 4 f"IN: 7 -1 1. r(-C)P (EQ T"R -k ITT -\ L -H7T,:T F ROM: DATE: -N'U-tvj-BF-R OF PAGZS (INCLUDING TP--,,,,NS,,VIITT.A-L SHEET): 3 CONFIRM RECEIPT OF D0CU1YU:N7(5') HERE-: c 0 IVi 'PA;-s i5 Haf,66e Po;r7 fe r ep A L 4s -IUIN3WN081(W3 8S: 7T To, OZ q;J _6T6: XPA To'd GAYLOR, EDW ARDS & VATCSER OFMC ~: -19 NPc B r=E 9TD=s A'rmr iErs ftT LAw :. of :0"7 3AUAr F. On»rn 'TX7Hp\'E. i; " T'f•"" F -- PRS"i OFFICE SO'X 1057 3:: DZWEY F_DWARM. JR. (9 r 0) 455.9494 WALtER W. VATCKSA JAMONVIr.U. NORTR CAROLIN^ 28541-1057 PAX: '. _ (910) 455-011- RECEIVED February 12, 2001 M 1 _`j { +j` yy4{.hf ` ••1 \ �.V 200• i:f;^' ': Daniel C. Oakley 'Environmental Division A. TORNEY GENERAL �►? ,:x:`' --North•-Cafolina Department of justice &Mra nmir1W Divi6oTi ``'.`;_'RaieigF►�NC 27602-0629 Re: Harbor Pointe, Pender County, North Carolinas` r' - :;Dear Dan: i,i,, Y:.. :..: As discussed in our telephone conversation this morning, it will be difficult, if not '.<`' :.•- :impossible, for Sunset Cove Development, Inc. to Comply with the stormwater permitting rules for �-='•thE 5ubje[ttract, :. }^ •.`.,-;_;. At our meeting with Scott Vinson of the Division of Water QualityinNovember, 2000 we _ discussed'the possibility of an infiltration system. It was understood that since the seasonal high ;water table' was 'approximately two feet below the land surface, the proposed infiltration system ' <' wouid riot have to, be''in strict compliance with 15A NCAC 2H .1008(d)(3) which requires- the bottom €the infiltrations stem to be two feet above the high water table. An engineer employed byjohn •Plerce'Associates,`P.A., attempted to design an infiltration system to come as close' as possible �;:'"•;,;;,:' to the Division of Water Quality requirements. In doing so, the system would require significant ti, � "-modifications to Lots 2, 3, 4, 7 and 8 in the Harbor Pointe Subdivision. These lots are no longer ;owned by Sunset Cove Development, Inc. I am almost certain the various owners of these lots would not consent to the modifications required to accomodate the system designed. NT Following is a time line of the various actions and notices concerning the issuance of the MA permits for construction of the bulkhead and stormwater management violation_ 3Rr� •.. .i>�' •�r5 1 3/20/-2000 - three (3) CAMA general permits issued to Jimmy Pierce, John' -Pierce and O.H. 'Carroll for construction of the 859 feet of bulkhead and boat ramp; 2.. Between end of March and middle of June, 2000 bulkhead and boat ramp constucted. 3. 4/20/2000 - deed far Lot 5 to HomeCo Builders, Inc. and deed for Lot 6 to John L. :Pierce recorded; - r„•,,," 4. 5 05 20 0- deed o of 7 to Bobby B. Baird d b a B l l 0 ee for L y l l B.B. Building Company recorded; S. 5/19/2000 - deed for Lot 3 to William H. Bodenhamer, Jr. and deed for Lot 4 to Gaylor, tdwards aridVatcher recorded; 6. 6/--/2000 - deed for Lot 8 to O.H. Carroll Construction, LLC recorded; 7/28/2000 - meeting with Charles Jones, Jim Gregson and Mary -Jo Aicoke, we �1 L explained that although three individuals who were issued the CAMA permits were not actually granted title,, there we're six (6) separate owners of the tract at the time construction was completed and each was responsible for its prorata share of the costs of construction; we were informed that as long as Division of Land Resources did not require a sedimentation and erosion control plan the �� ...• , .._.. Division of Coastal Management would not take any action concerning the technical violation in the' , ;issuance of the CAMA general permits; _.__.. ZO 'd 8S i ZI TO, 0Z qa3 �919-9 Z--6%: X?� -1d1N3WN0dIIN3 8. S/04/2000 - letter from John Pierce to Dan Sams of Division of Land Resources explaining why bulkhead and boat ramp constructed without submission of sedimentation and `'erosion control plan; - 9. 9/14/2000 - letter from Jim Gregson setting forth Notice of Violation and �....­ecluest to Cease, 10. 9/22/2000 - letter from Scott Vinson to either submit a stormwater permit '':_:;application or response regarding the status of the project; 17. 9/--/2000 - stormwater management general permit under .1 003(5)(A) 5. -'submitted; 12. 10/13/2000 - letter from Rick Shiver rejecting general permit application on the groundg that CAMA major required: 13. 11 --/2000 - meeting with Scott Vinson, JimGregson and Bob Shroud do discuss zT possible resolution of disagreement as to necessity of stormwater permit. g the requirement Nf We would appreciate it if you would reconsider your position concernin of a stormwater'permit in light of the chronology OT events set forth above,the fact-that'the CAMA general permits could have been issued to the several actual owners of the lots, the difficulty, if not impossibility, of obtaining permission of the various lot owners for construction of an infiltration system and the significant impervious nature of the tract prior to the present .,development. If you believe a meeting of the various department heads would be helpful To resolve this -his situtation, just let us know. Another related issue On Which I would appreciate your opinion concerns the issuance of "building permits by the Town of Surf City. A copy of the Notice of Violation and Request to .--F,''``'"'Cease dated September 14, 2000 from Jim Gregson was sent to Floyd Stewart in the building `department of the Town of Surf City. He is of theimpressionthat the Cease and Desist Notice �.precludes the issuance of building permits for the individual lot owners as well as Sunset Cove Development, Inc. Since these lots were legally platted and sold prior to the notice of violation, I not believe the individual lot owners, who bought in good faith, without notice of any DENR _-violation, I n, should be denied building permits- Please let me know your thoughts on this issue as pos ._.�,s�oon as:possible. Sincerely, JL Dewey Edwa s, Ir. L Pierce- -0"T" C-I0FF1M%AAWN\W?00CS\M-- MS%0AKLFYZ.WPD 20 J 6S:ZT TO. OZ q@j L9z9-9TI-6T6:xP3 7diN3WNO�IAN3 q,M-.Yr-I \I kt.\I. Mr. John L. Picrcc 4,09 Johnson i'J"Ldcvz:rd P.O. Box 1685 Jacksonville, NC 28541 RI: Harbor Pointe Dear John: �l tIc (J' No rllt C('11- tliit<t I k'},i il'llllf 'l 11 t,I .SI I`.II[ I' IN Fcbruary 8, 2001 RECEIVED FEB 12 2001 BY: Itla'1.\" iSS:Daniel C ()aklcy 4in•iron wnt,l I)i6,inn ,Sn.[k ley Gi�n,uil.j u�. euC.[u 1'0cphunc:'I I'7171 h•nMl[I Pax: 'S 1'N71n,a7n7 VIA FAX 910/346-1210 Following our conversations, and meeting on January 10, 2001, 1 have reviewed the various positions ofthe Division of Coastal Management, the Division of Land Resources, and the Division of Water Quality. I find thcsc positions consistent with the statutes and rules which are applicable in this area. Basically, 15A NCAC 7I-1 Al05(d) operates to call for a CAMA Major Permit for the 859' bulkhead, and the stormwater program is therefore applicable. I realize the ownership issues have worked to your detriment through no fault of your own, but that does not change the fitct the stormwater permitting rules have been triggered and need to be addressed. See 15A NCAC 2H .1000. In reviewing the matter with Rick Shiver, he indicated that a low-cost option of compliance was available and had been the subject ofdiscussions. He understands your concerns over the time this has taken, and promised to help expedite your project. Thmik you for hringi.ng this matter to my attention if You hive any hues!inns, nir'asr food free to give me a call. Voa4, my yo rs, Get Daniel C. Oakley Senior Deputy Attorney General DCOIdh cc: Rick Shiver Charles Jones Dan Sams i46288 * * * COMMUNICATION RESULT REPORT ( NOV. 6.2000 2:57PM ) * } P. 1 FILE MODE OPTION ADDRESS (GROUP) --------------------------------------- 700 MEMORY TX — — 9-5197:3 Z,19 REASON —FOR —ERROR------------- ------ E-1) HANG UP OR LINE FAIL E-3) NO ANSWER I N� ENR i,IIRO RESULT PAGE -------------------— - P. -i E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Governor 13111 Hoiman, Secretary FAX COVER SHEET `r" RENURKS: No. Of Pages• From: � �� 43SQ= co: _�-Q Ck) Q F'AX#: 910-350-2004 1.1' 127 Cardinil Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395.3"D FIX (910) 350.2004 An Equal Opportunity AflTrmativeAdlon Employer N GAYLOR, EDWARDS & VATCHER ATTORNEYS AT LAW Jimmy F. GAYLOR POST Ormcn Box 1057 J. DEWEY EDWARDS, IR. WALTER W. VATCHER JACKSONVILLE, NORTId CAROLINA 28541-1057 October 23, 2000 Mr. Rick Shiver Water Quality Regional Supervisor NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Jim Gregson Field Representative NC Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 OCT 2 5 2000 OFFICE: 219 NEW BRIDGE STREEr Re: Harbor Pointe Subdivision Stormwater Project No. SW8 000905 and Alleged CAMA Violation # 00-41 D Gentlemen: TELEPHONE: (910) 455-9494 FAX: (910) 455-0117 Mr. John Pierce has contacted me on behalf of Sunset Cove Development, Inc. concerning your letters dated October 13, 2000 and September 14, 2000, respectively. it is my understanding that the issue of the need for a Stormwater Management Permit has arisen as a result of Mr. Gregson's determination that a CAMA major permit was required for the construction of the bulkhead and boat ramp at the referenced subdivision. The contents of Mr. Gregson's letter to Sunset Cove Development, Inc. dated September 14, 2000 is contrary our understanding of your department's position based upon our meeting on July 28, 2000 at the NCDENR's office in Morehead City, NC. At that meeting we discussed the discrepancy between the intention of the various owners to separately own parcels as represented to Mr. Gregson versus the actual ownership of the various lots affected at the time the general permits were issued to John Pierce and Jimmy Pierce. We explained that as a result of financing issues at the time of closing on the tract of land involved it was more practical to acquire the tract in the name of a single entity, Sunset Cove Development, Inc. It was also explained that there were several individual owners, other than John Pierce and Jimmy Pierce, of the various lots affected by the bulkhead and boat ramp at the time the construction took place. It is my recollection that Mr. Charles Jones indicated that his department would not take any action concerning the issuance of the general permits for the bulkhead and boat ramp as long as the Sedimentation and Erosion Control Department was satisfied that a sedimentation and erosion control plan would not have otherwise been required. Enclosed is a copy of a letter, dated August 4, 2000, to Mr. Dan Sams of the Sedimentation & Erosion Control division. This letter was written to follow up on our understanding that the CAMA general permit issue would be moot if a sedimentation and erosion control plan was not otherwise required. The next communication received concerning this matter was the letter from Mr. w Gregson dated September 1.4, 2000. We were confused by this letter because, as stated previously, we were of the opinion that the CAMA general permit issue had been resolved at the July 28, 2000 meeting. Based on that assumption, it was our belief that since less than one acre had been disturbed at the site, a general permit for the. bulkhead and boat ramp was all that was required. We would like to schedule a meeting with the appropriate representatives of your department to resolve this matter. It is still our belief that a CAMA major permit was not warranted since in actuality there were several property owners who had deeds for the areas upon which the bulkhead was constructed at the time they were constructed and paid for the work performed. Sincerely, . Dewey d ards, fir. Attorney for -Sunset Cove Development, Inc. m JOHN L. PIERCE & ASSOCIATES, P. LAND SURVEYING - LAND PLANNING - MAPPING OFFICE: 910-346-9800 FAX NO.: 910-346-1210 E-MAIL: jpierce@onslowonline.net .9,0. Box 1685 Jacksonville, NC 28541 October 16, 2000 Mr. Scott Vinson Stormwater Section N.C. Department of Environment and Natural Resources 127 North Cardinal Drive Wilmington, N.C. 28405-3845 Re: Harbor Landing Topsail Township Dear Mr. Vinson, C OCT 2 0 2000 409 Johnson Blvd. Jacksonville, N.C. 28540 In response to our telephone conversation earlier today, I submit herewith one revised Preliminary Stormwater Plan for the project. Per our conversation, we have relocated and enlarged the infiltration basins. The basins now can accommodate well in excess of the 1.5" rain event (including gravel and sand fill volumes). In fact, the system can accommodate in excess of the 3" rain event before runoff overflows into the vegetative buffer. Furthermore, the basins have been relocated outside of the 30 CAMA zone. As discussed, a soils evaluation was conducted by Dwayne Graham and his report was previously sent to your office. As you know, we wish to permit this project under the redevelopment option as impervious area in the proposed project is significantly less than that which presently exists (57 % vs. 36%). Please review the plan and indicate whether your office will permit this development under the redevelopment option. If permissible, we will finalize the stormwater plan and formally submit to your office. We very much appreciate your assistance in this matter. Should you have any questions, please call at (910) 346-9800. Your ly, i avid wsom, PE ' JOHN L. PIERCE & ASSOCIATES LOTS, FARMLAND AND WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT - LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING phase IEnvironmental Audit I Risk Assessment s ■ 10/16/2000 16:16 ■ P.o Box IETAS Jacksonville. NC ?A ;a I 910-346-1210 JOHN L PIERCE I I JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING - LAND PLANNING - MAPPING OFFICE; 910-346-9800 FAX NO.: 910-346-1210 E-MAIL: 1pl&rce 0 onslowonllne.nel I I I , I DATE: �V�1 I FAX NO. (910) 346-I210 II TO: FR[ NUMBER OF COPIES INCLUDING THIS PACE. - REMARKS: ` I PAGE 01 4U9 Johnson Blvd, Jacksonville, N.C. 28544 1.0 r S. r AHMLAND AND WOODLAND SURVEYING ,SITE PLANNING - SUBDIVISION LAYOUT - LAND DEVELOPMENT PI_ANNrNc; CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING Phaso I Environmental Audlt 1 Risk Assessment 1af16i 2000 I6: 18 l' 0, [dux i riRS J.jrks0nv1ll0. NG 2"41 910-346-1210 l JOHN L PIERCE I JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING - LAND PLANNING - MAPPING OFFICE, 910-346-9800 FAX NO.: 910-346-1210 l E-MAIL.: jpierco0onstowornline.net October 1N, 2000 Mi. Scutt Vinson Siorrnwawr Section C I )cpanmerlt of Environment and Natural Resources 127 North Cardinal Drive Wilrrrington, N C. 28405-3845 I Re Harbor Landing 'ropsail Tnwnship Dear Mr. Vinsiw, PAGE 02 409 JohnKnn Blvd. Jacksonville, N.C. 2B540 in response ro our telephone converaa wn earlier today. I submit herewith one revised Preliminary Stormwater Man for the project. Per our conversation. we have relocated and enlarged the infiltration hssin.s The basins now can accommodate well in excess of the 1.5" rain event {including gravel and sand lilt volumes). In tact, the system caniaccotntnodate in excess of the 3" rain event before runotf overflows into the vegetative buffer, Furthermore, the basins have been relocated outside of the 30 C:AMA zone. As discussed, a soils evaluation was conducted by Dwayne Graham and his report was previously sent To Your office. I ,As you know, we wish to permit thil project under the redevelopment option as impervious area in the proposed hrolcct is significantly less than that which presently exists (57 % vs, 36%). Please review the plan and indicate whether your office will permit this development under the rcdevrloprnent option. If permissible; we will finalize the stoimwater plan and formally submit to Your �I)icc We very much appreciate your assistance in this tnetter. Should you have any questions, please call at (1)10) 341 6-08(lf). 'I Yourily. , 1)avid . wsom, PE .1011N 1. PIERCF& ASSOCIATES I i 0T_i, t-AnMi ANn AND wooat_AND SURVEYINGI- SITE PLANNING - SUBDIVISION LAYOUT- LAND DEVELOPMENT PLANNINC, CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING Phase I Environmental Audit ! Risk 4aeHament 10/16/2000 16:18 910-346-1210 �i JOHN L PIERCE i PAGE 03 ►a�rox (vAM Ir ar•t• r�Z �� • 1r.. W •. :f .'•s. �I-- F •-•1. 1,� �. r �c �,�.,h: � �a�i r� r1,•�. ,;�. GOL/IO"m 1.$ /— t VEGETATED INFILTRATION BASIN 040 xxc i I �I I k 4 PAGE 04 10/16f2000 16:18 910-346-1210 I JOHN L. PIERCE \ 0 I EIS a I eu D EAU 1.12 6KHEAD ' B �- 5. •r:'Ilk a E EXISTING 11 � \ �� B4 4 BULKHEAD ' c -}-3. 7 f WELL \ CO 1�ON �� ARK IN \ \• ,� �N C •, CO TI y M.E c t a Al L 3. H.., m 17. �. P. F' 17.0 ._2.571 o_ 6 17.0 (: (", IC L I jk' Q .F. ELE 3.00' 1 7.0' o ...\2 • 1 % z a cn { FOLOT 3 IRMFPLY �z, w `� ul ! LOT UI-LARD i i l LOT 4 I) z v ? LOT 5 j j� 17,0L) vG 17.0' �$' ,q f 0 LOT o co ` 17.0' n _ J ' � 7. a' Z I o a N V, cn .PROP r S A • L.F. � EI 3a'4 W 20 y 43 EXIS 84 AN. 0 L�.�,z P E I rn - EP DIA56 p E N f b () N 9 ;� 9E 40 BC C z 39C �iC, Eft ER ER ER N.C��Y 2 H210 & 50 JW �s N 31.0>..17. 25 1 R f W 24 I? T CR ER ER 2 j ER i :f 10i16/2060 06:38 910-346-1210 {i I I ii JC)NN L PIERCE FAX MEMO .John L. Pierce & Associates, PA kind Surveyitiu - Land Planning —'Mapping 1' O Box 1685 I 409 1,41"som Blvd. lacl.,uuillc. IN.C', 28541 Office (910) 146.9800 Fax No.. (910) 34fr1210 1 i-+nai1 11sicrcc{i)��p510worne.net PAGE 01 Ra 0 it I v ED OCT f 6 2= , swum DWQ TO: Scoff Vinson � F Ft: Ouvid K. Newsrim! I)A,rF'.: (A wher 16, 1000 RE: HarborTim Development I � AN _ 01i (irk, rrw<rr(,, we .Submitted u PRELIMINAR Y stormwaier plan on 10,V 00 Ji)r fhc .+u)1cV1 pro j'e1.•t_ Ibis plun was basedupon verhal communivations with the soil.,r.vennst. 1W1'.1)w,(iYrw (;rahum. Mr. Graham has since put his findings in written fi)rrrl. Amicht-d tx flit, rc-pe)rl /rum Mr. Graham. f Vlz;u.ve review the eeporl and the previously submitted .sturmwater plan and indicule how, h{••w io tyro c ed, Meuse hear in mind that we desire to permit this pr(?iecl wider flu- 1{I•,l11•:l'1•;1.(11'A41:Nlr�pthm. �� • I 10/16/2000 06:38 910-346-1210 JOHN L PIERCE PAGE 02 SITE AND SOILS EVAI PROPOSED INFILTF HARBOR POINTE DEVELOPMENT- V i PREPARED FOR: JOHN L. PIERCE & ASSOCIATES, P.A. JACKtONVILLE, NORTH CAROLINA I PREPARED BY: DWAYNE A. GRAHAM, R.S., L.S.S. N. C. Licensed $oil Scientist 0 1022 GRAHAM ENVIRONMENTAL CONSULTING, INC. OCTOBER 13, 2000 t !1 D Solt SC,� I i 1 10l16i2000 06:38 h 910-346-1210; JDHN L PIERCE PAGE 03 Graham Environmental Consulting, Inc. October 13. 2000 P.O. Box 799 Clinton, North Carolina 29329 Phone/Fax: 9 ill-529-6W 1.0 INTRODUCTION The Harbor Landing Development is to be located on Highway 50 East, Surf City, NC. Impervious surface and other drainage Improvements associated with the development require, as a part of the Stormwater Management Permit Application, a soils evaluation to determine Pquivalent soil series types, depth to seasonal high water -table and infiltration rates of the soils at proposed basin bottom. The remainder or this report will present our finding's and conclusions. I 2.o SITE AND SOILS DATA COLLECTION I 2.1 Soils Descriptions Page 2 of the appendix presents soil profile descriptions from 3 soil pits evaluated on the site The site map, Page 1 of the appendix indicates the approximate location of the pits evaluated. Based on these profile descriptions, the soils on this site are not consistent with any published or recognized Soil Series. The typical soil profile observed was a 20 to29 inch Fill layer of a sand, clay and debris mix which was massive and compacted. Underlying this layer to depths of 45 to 60 inches was a loamy sand/sand fill with varying amounts of silty clay loam and shell debris. This layer was friable to loose and was found to have free flow of groundwater into borings. The free flow of groundwater would tend to Indicate significantly higher conductivity of this material. The original marsh organic layer was encountered at Pit 2 at a depth 45 inches and extended to a depth of 70 inches. This layer wag organic, massive and compacted. i Soil wetness conditions are determined by observations of soil colors of chrome 2 or less -where indicative of soil wetness. Native gray to black colors of the mixed fill would prevent the use of this criteria for determining depth to soil wetness over this site. However, based on elevation and landscape position of this site, static water levels do not tend to fluctuate significantly throughout the year_ Therefore, the seasonal high would tend to occur at depth as indicated by static levels indicated herein. In review of the Soil Boring Descriptions it can be seen that static levels are consistent at an average depth below ground surface of 26 to 28 inches. 2.12 Hydraulic Conductivity and Infiltration Rates Observation of massive layer removal from the upper 24 to 30 inches of pit digs would tend to indicate that the upper 24 to 30 inches of this site would have limited infiltrative capacity. Therefore, no conductivity testing was performed. The lower fill sediments were found to free flow into open bore holes at significant rates -indicating assumed suitable rates of saturated conductivity. SOIL i SITE EVALUATIONS' WETLAND DELINEATION 8 MITIGATION' SOIL mRAULIC TESTING a DRAINAGE ANIMAL I DOMESTIC WASTEWATER SYSTEMS EVALUATIONS' SUBDIVISION EVALUA11oN & PLANNnvo GROUNDWATER MOUNDING ANALYSIS - GP$ MAPPING • SEPTIC SYSTEM DESIGN & PERMIT ACQUISITION 10/16/2000 06:38 910-346-1210� JOHN L PIERCE PAGE 04 Graham Environmental Consutting, Inc. Harbor Pointe Project -Surf City, NC Site and Soils Report-Stormwater Permit Application John L_ Pierce & Associates, P.A. Page Two of Two October 13, 2000 I i Based on current criteria for infiltretlon basins, It would appear that this site, in it's current conditions would not be suitable for providing infiltration of runoff water. The basis for this opinion is the compacted upper24 to 30 inches of rill. We do, however, feel that the materials below this layer are sufficient to provide for lateral flow of groundwater off site. 3.0 CONCLUSIONS AND RECOMMENDATIONS It is our understanding that this project may be allowed some flexibility for use under re- development rules, Therefore, we would offer our recommendation that we feet may allow for use of this site for infiltration of run-off waters. Having recognized the deeper sediments flow properties, we would propose the removal of the upper 24 to 30 inches of the fill material from the proposed area and followed by a careful interface mix and back -fill to at lean existing grade, with a coarse sand. This proposed site modification would tend to accomplish two objectives. One, the uniformity and infiltrative rApacity of the upper 2 feet would be significantly Increased from its current condition. Secondly, given the anticipated depth to soil wetness, this site would have properties, as close as possible, to current basin design protocol. Therefore, it is our professional opinion that with careful and precise modification of this site, proposed infiltration areas would allow for a viable alternative for collection and infiltration of run- otf water from this development. i Data presented in this report represents designated data points. Conclusions presented herein from our study are assuming uniformity of characteristics between data points and includes subjective assumptions and interpretation of soils, drainage and other features and therefore may not completely represent all conditions or variablltty of the site. The recommendations and conclusions presented here are our professional opinion based on the site work and interpretation/observatio`ns of soils borings performed to date and should not be considered a guarantee that concurrence from the appropriate regulatory personnel will be obtained. 10/1612$$0 06:38 910-346-1210 JOHN L PIERCE 'AGE 05 10/1612000 06:38 910-346--1210 '� JOHN L PIERCE PAGE 06 -m w. SITE AND SOIL BORING LOCATIONS MAP o` PROPOSED INFILTRATION ARIEA-HARBOR POINTE PROJECT r v SURF CITY, NORTH CAROLINA-PENDER COUNTY C' .., •moo sa, • � , IX9 I - s °•� �'� CHANNEL OF TOPSAIL SOUND i •iy i 0.41 ACRES ' 1 7, 81 5 SQ. FJ' EXISTING ' 2 BULKHEAD '?' MONITORING 1BULKHEAD ORGELL�LL � �, l NV.+0.41'- as HARBOR POINTE I `E P.P. TO E ' �GQ BROKEN OQ - M.B,33, P.65, SL. RE OCATE0 CONCRETE C `m INV -1-62' Ny101.S8' 0 BE '`h \ 80 z REMOVED I FREEZER .6 3' f TO BE. Qii . R.C 4 ! p;+ 1 REW VExls ��+ 3 SEO SL. ED1 ` o y 1 ILOT 9C `Gri. P��y A• G -STORY 3 � Q� vNr, BLOCK BUILDING v Oo J a 0 �+' F.F. iELEV. .4.51' [ TO BE REMOVED tnn ocv 4 2 x L-P. ` 022 . J. ARKING AREA J PARKING ARRN E I� n� it ti` 29.70' 3.71 ..� I SIGN - EIS N 30'41 W 134.98 I I BUSH. EXIST. nd:r+; SIGN EXIST- M.H. Ir1EDIAN r E N N -0 ' 7- V f 1 & 31 1 l HWY. 50 N.C- H 2 0 , ;{ R /W E.P.K. Li" 100' FN\nQF F;\0QGF OVER INT I ' F I ' JOHN L. PIERCE & ASSOCIATES, P.A. I LAND SURVEYING - LAND PLANNING - MAPPING OFFICE: 910-346-9800 FAX NO.: 910-346-1210 EIMAIL:ipierce@onslowonline.net.� �F P.O. Box 1685 Jacksonville, NC 28541 October 9, 2000 Mr. Scott Vinson Stormwater Section N.C. Department of Environment and Natural Resources 127 North Cardinal Drive Wilmington, N.C. 28405-3845 € Re: Harbor Landing Topsail Township OCT 12 Z000 409 Johnson Blvd. Jacksonville, N.C. 28540 Dear Mr. Vinson, i 6 .-4 In response to our recent telephone conversation regarding stormwater permitting for the referenced project, I submit herewith one preliminary Stormwater Plan for the project. As you know, we wish to 1=MIL permit this project under the redevelopment option as impervious area in the proposed project is 4..o significantly less than that which presently exists (57 % vs. 36%). `'j✓15 L7 As you suggested, we have completed a preliminary analysis of the on -site soils to ascertain whether infiltration devices can be effectively used on this site. The soil analysis was conduced by Dwayne /� Graham on 10/6/00. Mr. Graham established the groundwater elevation at approximately 1.5' based upon - measurements from the adjacent monitoring well and test holes. Test holes reveal that sail materials at the y ! _ site are highly variable, including sand fill materials with high hydraulic conductivity (in excess of .52 in/hr.) interspersed with concrete rubble and other less pervious fill materials. Mr, Graham indicates that C, r1106 i significant 'excavation -is necessary_t.2remove_these-unsultable.lnaterials. We have developed the attached Stormwater Plan giving consideration to Mr is -findings lease note that the proposed infiltration device can accommodate runoff from t first inch of rainfall. Flows in excess of this "first flush" will sheet, flow through proposed vegetated buffers (no direct discharges proposed). We feel that this redevelopment meets the requirements of the stormwater regulations to the "maximum extent practicable" considering the size, elevation and location of the site. I think that you will agree that the proposed project provides a much greater degree of stormwater mitigation than the existing development. We are therefore hopeful that your office will permit this project under the redevelopment option. Please review the plan and indicate whether your office an permit under the redevelopment option. if permissible, we will finalize the stormwater plan and formally submit to your office. In addition, we will direct Mr. Graham to formalize his findings in report form and submit to your office for review. We very much appreciate your assistance in this matter, Should you have any questions, please call at (910)346-9800. !44�4 Its e "�'' f Nam. aMA -I'll( 11.1 Yours truly,, i.�` c� rv+� n •J� O r �'rl e,as l Awr.` � p ti l 5 W o •t 'i"L ia� . Newsom, % 30 JOHN L. PIERCE✓ ASSOCIATES LOTS. FARMLAND AND WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT - LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING Phase T Environmental Audit / Risk Assessment d 09/29/2000 07:18 910-346-12101� JOHN L PIERCE JOHN L. PIERCE & ASSOCIATES, P.A. LANDI SURVEYING - LAND PLANNING - MAPPING I OFFICE-. 910-346.9800 FAX NO.: 910.346-1210 E-MAIL: Jplerce®onslowonline.net i r',n. AnH rrtirt�, Ik J:wk:+unvdli), NC;14541 I September 29, 2000 t Mi. Scoo Vinson Srormwaicr Section N C Department of Environment and Natural Resources 127 North Cardinal Drive j Wilmingion, N C 28405-3845 I, Re- Ihlarbor I.anding I 'I'upsaii 'Township Oear Mr Vinson PAGE 01 409 Johnyun BMt JaSksonvilfe. N.C. "'28540 L°w600- 0 wow 0 S In response io our recent telephone conversation regarding stormwater permitting for the referenced pwicct. I submit herewith one preliminary Stormwater Plan for the project. Although this site is less Than Ome acre, Jim Cregson has indicaied that the proposed development will require a LAMA Major I)t•vclL.ryrrncTlt Permit which I understand will necessitate review and approval of the stormwater plan by your office As we discussed, we! wish to cKplom the possibility of permitting this site undet the redevelopment option (Section .1003(dx3)(B). When considering this request, p1ea-4e hear in mind the ri►ilowiaK. i I • The site is currently occupied by $ 1 story black building, frt m, concrete paving and gravel parking area as shown on the attached Demolition Plan. Total impervious area of the site totals 10,068 A' which equates to 56.5% impervious. The site Currently has no stormwater mitigation facilities and includes at least one piped outlet (15" RCP). • We propose to remove all existing buildings, pavemerrt and stormwater pipes and construct a new tuwnhorne facility as shown on the attached Preliminary Strmwater Plan. 'The proposed project will reduce impervious area to 6,426 sif which equaes to 36.1% impervious. Furthermore, we propose to incorporate grassed swaie6 (5:1 side slope) to collect and transport stormwater to a vegetated buffer (width varies From 20' to 60') over which we propose to "sheet flow" collected stormwater. No stormwater piping is proposed othler then roof drains which are intended to convey roof water to the vaKetHted swales, I We feel chat this redevelopment meets` the requirements of the stormwater regulations to the "maximum extent praciieable" considering the size; elevation and location of the site, I think that you will agree that the prupcpscd project provides a moth greater degree of stormwater mitigation than the clisting development, We are therefore hopeful that your office will permit this project under the redevelopment option if permissible, we will fnBlize the stormwater plan and formally submit to your otlice. We very much appreciate your assistance in this matter. Should you have any questions, please call at (910) i46-980Q 1 David-- —Newsom, PF. I01IN 1- PIERCE & SSOCIATES t' AHMt.ANU AN[) WOODLAND SURVEYING : SITE FLAN ING SUBDIVISION LAYOUT- LAND DEVELOPMEtVT PLANNING CONSTRUCTION SURVEYING • TO OGRAPWIC SURVEYING, AND MAPPING Phase I E6ronms tal Audit / Risk Assessment 09129/2080 07:18 5r 9 el - A) I 910-346—•1210 '� EIS -4 v ,1•sue :,� � L.Y r_ 0 rn f' 1 r• 1 � v� Z L.P. OW OR FORMERLY 4MES 8LJ1,1_ARD 'I[,N .,`+�+. EIS 1 EiIST, �w - 'f, E - I JOHN L PIERCE PAGE @2 r z v j CHANNEL OF TOPSAIL '�,,0UND 0.41 {ACRES 17,815 SQ. FZ¢ EXISTING 1� � � BULKIitAG \U� MONITORING �\ _ ►3��.� WELL E P.P. TO E aG? BROKEN C� RE OCATED �ti CONCRETE INV -1.62' Nv.=1.58' TO BE a ' C� REMOVEp FREEZER1.63' ^r TO 13E "4 \ I — REMOVED EXIST. 12" R,C.. it `" 1-STORY BLOCK BUILDING F.F. E1_ E V. a 4.51 ' TO BE REMOVED i 'I PARKING AREA PARKIN[ aRFa 6.26' I 28.70' �-J 311a1! r - MEDIAN F I N.C. H WY. 210 & 50 i 00' R /W w F` I'.P. II E E INV.=0.41 MARI•: IN 1 vlbec f R. J • rn + 0, t rJ 1. r7 [D; 1 u) u p ai u' 4--v) _ _ gWM I_.P.� '1 ca �.o w R1. P E N z N �.P.1<. 1-' F:N\f) OF I s` E_.. —�k� 09/29/2000 07:16 910-346-1210 1 t I I oIN rE REVI FF) 35, SL.449 'E(t1) I 1 1 I I E F.H4 W.V. tPGE OF EXISTING A PHALT C,90 :l E.P.K. —_ I INTRAC'.OAc',TAL WATERWAY EXISTING 6" WAfLP LINT_ I CsWN LEMEVEL4)F,ER, 80BBY FiAIRD 1202 FAIR GROUND ROAD sa JOHN L PIERCE ECM = SCM - ,E_ _ PP = MH TB GW SP = WV = Co = FH 0— L.P. PAGE 03 LX15I11Vh LUNI- PIUM SF1 CONC. MON, ELECTRIC POWER LINE POWER POLE MANHOLE TELEPHONE BOX GUY WIRE SERVICE POLE WATER VALVE CLEAN OUT FIRE HYDRANT SANITARY SEWER C:LEANOUT LIGHT POLE PROPOSED BIORE TENTION AREA PRELIMINARY MARINA LAYOUT & STORMWATER PLAN SHOWING PROPERTY OF HARBOR LANDING TOPSAIL TOWNSHIP, PENDER COUNTY, NC I PREPARED BY JOHN L. PIERCE & ASSOCIATES. P.A. 409 JOHNSON BLVD, JACKSONVILLE. NC 2,9540 PHONE: 910-346--9800 DATE: JIUNE 23, 2000 II SCALE: 1 "= 30' F.B. 479, PC. 55— b6 JOB #205878 FILE NAME: HARBFcH i GRAPHIC SCALE 0 10 ao so 120 REVISIONS, 9/27/00 PFR CAMA COMMENTS ( IN FEET } 1 inch - 30 ft. SHEET t l I 09/29/2000 07:18 910-346-1210 1 JOHN L PIERCE PAGE 04 P y 1 I 1 J9 y �r�1• Cbt�M ARE I EXISTING BULKHEAD ' IFFER "� rn r• fVfG TATEU F \ � 1n y ' BULKHEAD RK IN17.0 qE'd \ D�►w E� HARBOR POINTE REV ' OMMON AREA M.8.33, P,65. SL,44� ' i� 17 C)'Ln 17.0' \ r cj d o 0 m ! z 17.0' , f ZONE VE01) •r In n ,N 17.0 1 ` lLn LOT d o� , cQo 9 •F. ELlp 13 00: 7,0' 1 __ ! LCi1 2 � cob : � o � a i�o � o ch LOT 3 LOT 4to ~ ¢ 3 Ln LOT `. (- 1. U LOT 5Tn o o o I r 17.4"r ov _7s I q w f'C LOT 6 o r L) f 0 17.oi• O � -4 -r1 Z ` ' cc I `. PrzoP. - OP EA S i..F'. 1 0' a 1 3.71 L ---HU:-a.N SIGN , " F15 N 30'4 W — EIS _ — — E1I sT M:TH-_ - _ i EXIST. M.H. _ - E CT. 9 SAN. CLrtir MEDIAN E AN _ _ N _C. HWY. 210 & 50 N �101'1 %' u 698 _ F.P.K. 10/09;2000 09:16 910-346-1210 JOHN L PIERCE PAGE 01 JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING - LAND PLANNING - MAPPING I OFFICE: 910-346- 9600 FAX NO_: 910-346-1210 E-MAIL: jplerte0onslowonline.net P.O. Box 1685 409 Johnson BlvcJ. JHtksurwill0, Nt; 2FIS41 Jack5onville. N.G. 23540 FAX NO. (910) 346r1210 TO- FROM: NUMBER OF COPIES INCLO NG TMS PAGE; I REMARKS: LOTS, FAHMLAND AND WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT - LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING -TOPOGRAPHIC SURVEYING AND MAPPING Phaae'I Environmental Audit / Rlak Assessment 10/09/2000 09:16 910-346-1210 i JOHN L PIERCE PAGE 02 JOIN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING - LAND PLANNING - MAPPING I OFFICE: 910- 346-9800 FAX NO.: 910-346-1210 E-MAIL: jplerce®onsiowonline.net 1 P.O. tsuR Itit1S j 40 Johnson 131wr1 .Iac:k:;uIwIIIC, Nt.: ?F3 i) 1 � J3Ck50rw1llg. N.{;. ?s�5dtl (%l;wbel 1t. 2000 vlr Scott Vinson Stormwater Section N.(' OcImanient of Environment and Natural Resources 12.7 North Cardinal Drive Wilmingloi), N.C. 28405-3845 iI Re. flarhor l.anding owil Township Dear Mr Vinson, In r"poasc to our recent telephone' wnvsreation regarding stormwater permitting for the referenced project, I submit herewith one preliminary Stormwater Plan for the project. As you know, we wish to pi;rmit this project under the rode 4lopment option as impervious area in the proposed project is siknificsntly less than that which presently exists (57 °/6 vs. 360/0), 1 As you suggested, we have completed a preliminary analysis of the on -site soils to ascertain whether wiiltration devices can be effectively used on this site. The soil analysis was conduced by Dwayne Utaham on I0/b/00. Mr. Graham established the groundwater elevation at approximately 1.5' based upon measurements from the adjacent monitoring well and test holes. Test holes reveal that soil materials at the site are highly variable, including sand fill n ater'ials with high hydraulic conductivity (in excess of .52 ill/Ill.) interspet'sed with concrete rubble and other lees pervious fill materials. Mr. Coahatn indicates that significant excavation is necessary to,remove then unsuitable materials. We have developed the attached Stormwater Platt giving consideration to Mr. Graham's findings. Please note that the proposed infiltration device Can accommodate runoff from the first inch of rainfall. Flows in cx"ss of this "first flush" will sliest flow through proposed vegetated buffers (no direct discharges proposed). We feel that this redevelopmem meets the mquiremems of the 3tortnwater regUlatiuras to the "Ilk:Im n,um extent practicable" Consiaoring the size, elevation and location of the site. I think that you will 11gLCU Ihttu the proposed project provides a much greater degree of stormwater mitigation Than the existing development. We are therefore hopeful that your office will permit this project under the redevelopment �I{itlun. I Please rr.view the plan and indicate vAmber your officccan permit under the redevelopment optic>It. If permissible, we will finalize the stormwaterr plan and formally subunit to your othee. In addition, we will died Mr. Graham to formalize his findings in report form and submit to your office for review. We very much appreciate your assistance in this matter. Should you have any questions, please call at (o 10l 346-9900, Yours iruly, i vav?�i�.' Ncwsutn, ,101IN I., 1'IFACF.;ASSOCIIA1 1 w i i, f AnMLANC) AND WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT - LAND DC-VELOPMFNT PLANNING CONSTRUCTION SURVEYING -TOPOGRAPHIC SURVEYING AND MAPPING PttaseI Envlrortmentai Audh 1 Male Assassmenl i 10/09/2000 09:16 910-346-1210 JOHN L. PIERCE PAGE 03 IIIVEE k • EIS `— w 2.9 D EAD n� II �KHEAD 1.12 3 u B 9 HEAD 06 61 +3,2 i gyp. COMMON ARE 6 EXISTING ;f r. E ` 59 HT co i• �! ,' B4 � ' BULKHEAD -� 4 ZONE VEO 1) GETATENu C N 8 RK.IN I p �1 NC C / �V 58 " 17.0 'A3!1 7,1 17.0' m L. P. LP I56 iv 1 � � 7Z, 7'N a L:_ Z.I4 Iri LOT 1 o co .F, E !; 0Q CO�C `' w L L LOT 3 o 'a LOT 4 5 LD °L° a 1 6 x ¢ o ui L C BULLARD w LOT 5 e o Sao f or LOT 6 0" J t. D 17Ar• 17.0r � ��I m �2 ~110 L.F- LP \PROP La yi o o / L.P. OP EO S a� icy Al 0-5. 71 3 SIGN EI N 30,- E$I� jay E 84 AN. �., P, (} , C51 E - OI AN 56 :� E N _5-- - -- r'`� r� l � 40 BC C °O z }9C eiCS ER N.C. H210& 50 :s� \t4 31• 10/09/2000 09:16 910-346-1210 j JOHN L PIERCE PAGE 04 .St �--- _ 1 i BULKHEAD 70 AWl6RBOR POINTE REVISED M.B.33, P.65, SL.449 I % L� l ZONE VE(11) / VALL 2 �+ f 3.9 T. M.H. 1< N 31'01'17' V 698,?5' f� i j� F,H,f 04 I H w.v. GE OF EXISTING �A PHAET E.P.K. VICINITY MAP — NOT TO SCAL VEGETATED INFILTRATION BASIN 140 sr rc i vt;GETATED SWALE "a =&L[ "vfuW c1VF'k IN IRACO ASi,,L VVP IERVaA f nrsrI ItAlkiAav kAA01kiA I AVf IIT Rr CTnPM\NATFR State of North Cafolina Department of Environment i and Natural Resources Wilmington Regional Office I James 13. Hunt, Jr., Governor � NCDENR Bill Holman, Secretary Division of -Water Quality NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES i October 13, 2000 Ms. Betty Bullock, President Sunset Cove Development, Inc. 110 Box 1685 Jacksonville. NC 28540 Subj ect: PROJECT RETURN Stormwater Project No. SW8 000905 Harbor Pointe i Pender County Dear Ms. Bullock: A review of your Stormwater Management Permit Application indicates that the proposed type of project permit applied for, General, is not anoption for this development. Upland development was and is associated with the bulkhead and boat ramp. Sunset Cove Development, Inc. was the land owner at the time of the claims for the three CAMA General Pemits for the bulk head. The Division of Coastal Management has fount{ that a Violation has occurred due to a misrepresentation of the land owner(s). Sunset Cove Development. Inc. should have received a CAMA Major permit for the bulkhead, which in turn, would have required Sunset Cove Development, Inc., to apply for and receive a State Stormwater Management Permit for the bulkhead, boat ramp and all associated upland development. The potential high density development of this project and the SA class waters will require an infiltration system for the treatment of all impervious surfaces within the entire project area. Because the high density option was not applied for, this Office is therefore returning the subject application, including check #1227 in the amount of $420.00, as incomplete. You are reminded that the construction of any more impervious surfaces on the property will constitute a violation of 15A NCAC 2H.1000 and may result in the assessment of civil penalties. By copy of this letter to the Building Inspector, this Office is requesting that they consider withholding the building permits and. Certificates of Occupancy for this project Bending issuance of the Stormwater Management Permit. 1f'you have any questions concerning this matter, please contact Mr. Scott Vinson or me at (910) 395- 3900. 1 Sincerely, Rick Shiver Water Quality Regional Supervisor I RSS/sav: SAIAIQSISTORMWATIRETURN100090-).00T cc: Rodney Scruggs, Pender County Inspections W-ihllington-Regional_Office, Central Files 1. I 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING - LAND PLANNING - MAPPING OFFICE: 910-346-9800 FAX NO.: 910-346-1210 E-MAIL: jpierce@onslowonline.net P.O. Box 1685 Jacksonville, NC 28541 October 5, 2000 Mr. Scott Vinson Environmental Engineer I N.C. Department of Environment and Natural Resources 127 North Cardinal Drive RECEIVED 0 2000 40 Johnson Blvd. C T 1 BY: Ile, N.C. 28540 JrVIV,, . S,,, L w,;-J t o'" '" A Rzo-ow"il -is Wilmington, NC 28405 G� o2srJ 1 ew �•�� Re: Stormwater Management Permit - Harbor Pointe, Pender County + �� Stormwater No. SW8 000905 Dear Mr. Vinson: Enclosed is a general stormwater permit application for the bulkhead and boat ramp A, v construction on the above referenced site. No other upland development activities were undertaken by Sunset Cove Development, Inc. in connection with the construction of the bulkhead and boat ramp. As stated in my letter dated August 4, 2000 to Mr. Dan Sams of the Sedimentation & Erosion Control Division (a copy' of which is enclosed), Sunset Cove Development, Inc. was not aware of the CAMA Major Development application submitted by the prior owner of the subject property and did not undertake to perform the development activities proposed by the prior owner. A SL''� ��,., F,c.s s.,�w.i�v � I�-/+'�� Aw"'"' A-4 o- Cv+m-4 )*1111*r-' It is my understanding that the general stormwater permit is all that is required for the work performed by Sunset Cove Development Inc. I would appreciate it if you would process the enclosed application and, if in order, issue the permit. If you have any questions, please!give me a call at (910) 346-9800 Sin erely, ' John L. Pierce for l SUNSET COVE DEVELOPMENT INC. I jp/bb Encl. LOTS, FARMLAND AND WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT - LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING PhaseI Environmental Audit 1 Risk Assessment State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality I ' IIs Ada DENR i NOR7H CAROLINA DEPAR7MEN7 OF I ENVIRONMENT AND NATURAL RESOURCES I September 22, 2000 I CERTIFIED MAIL # 7000 OG00 0023 4230 1145 RETURN RECEIPT REQUESTED Mr. John L. Pierce Sunset Cove Development, Inc. P 0 Box 1685 Jacksonville, NC 28540 I Subject: REQUEST FOR STORMWATER MANAGEMENT PERMIT Harbor Pointe Stormwater Project Number: SW8 000905 j Pender County Dear Mr. Pierce: On September 11, 2000, the Wilmington Regional Office of the Division of Water Quality received notification that a CAMA Major Development application would have been required for Sunset Cove Development, Inc. to construct a 859 foot bulkhead along the ICWW. The Stormwater rules, 15A NCAC 2H.1000, require any project that must receive either a CAMA Major permit or Sedimentation Erosion Control Plan approval to apply for and receive a Stormwater Management Permit: Under Section .1003 (b), this Office is required to review the entire project under a common plan of development for compliance with the Stormwater Rules. Please submit a complete stormwater' management permit application as appropriate for the type of proposed development. A general stormwater permit is required for the following proposed development activities: Clearing and grading activities only; a single family residence; a bulkhead or boat ramp. Other types of development such as the construction of a bulkhead or boat ramp in association with upland development will require the appropriate application package as outlined in NCAC 2HI .1000. Please either submit a completed permit application or a written response regarding the status of the project by October 11, 2000. It is a violation ofNCGS 143-215.1 to engage in development activities without the required permit. You are subject to enforcement action and penalties if you fail to get a permit required by the statutes, or if you fail to respond to this letter. Please send stormwater applications and all correspondence to the address at the bottom of this letter. To assure prompt service, please reference the project number above on all correspondence. If you have any questions, please do not hesitate to call me at (910) 395-3900. I '� SincereIy, I I Scott Vinson Environmental Engineer i RSS/sav: S:IWQSISTORMWATISTORMSUMS W8000905.SEP cc: Jim Gregson, CAMA Rep. (Morehead), DCM Rodner Scruggs, Pender County Inspections Wilmington Regional Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper I I 1 4 L.rl = Article Sent To: GYG V , C3 Postage $ � rn /,y Y.. CJ (] r Certified Fee `l� �'� r1.1 + FI � 6narki M Return Receipt Fee / / i ,mere �s + ru (Endorsement Required) r r,.1 O Restricted Delivery Fee t1(,'} D C3 (Endorsement Required) 1:3Total Postage &Fees=$9 .Ci 37�% _t ..n = Ne (Please Pr pf CIO y} (to be com leted by m filer) n/x` {-8V L C1 5iree . pt, No.; o PO Sax No. ✓ l ---- o �. 1117� Crty, fete, Z1P+4 " � rz �,See Reverse lor Instructions ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: �v,tG.J/./✓i /�/ NCB Received by (Pfpse Prrnt Clearly) C. Sign t e\L x & 4- k—Er D�Agent rE. _ Addressee) D. Is delivery address different fmm 'tem�l�❑ -,Y5, � If YES, enter delivery address be -'y -- 3. Service Type Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (i✓rira Fee) ❑ Yes 2:. Article Nurn,er [Copy frorri service label) 0 %� J PS-F6';;�'�� 38}i11, July '1999` Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE c ;Ep • Sender: Please print address, State of North Carolina DENR 127 Cardinal Drive Ext. Wilmint ton, NC 28405 (Attu: Bev) _ __ Fist -Class, Mail Postage 8 Fees_Paid _ - USPS Permit No. G-10 ..,State of North Carolina Uepartiierit of Environment and Natural Resources Wilmington Regional Office Division of Coastal Manageme James B. Hunt, Jr., Governor 7 -------------------------- Bill Holman, Secretary i Donna D Moffitt, Director ,I September 20, 2000 1 I _ David K. Newsom, PE i John L. Pierce & Associates, P.A. I Post Office Box 1685 Jacksonville, -North Carolina 28541 Re: . Harbor Landing Pender County Dear Mr.- Newsom: Per your letter of September 13, 2000, including preliminary plat dated June 23, 2000, 1 have reviewed the subject project and offer the following comments: The prelinunary plat indicates the proposed construction of a six (6) lot townhouse development, including a 19. slip marina. ' • The construction of the proposed marina and highground development would require a CAMA Major Permit from this Division. I • The proposed marina development would also require the preparation of an Environmental Assessment (EA) pursuant to the North Carolina Environmental Policy Act (NCEPA) and T15A, Subchapter I of -the North. Carolina Administrative Code. • Residential marinas shall be allowed no more than 27 square feet of public trust area for every one linear foot of shoreline for the Iconstruction of docks and mooring facilities. Per the submitted plat, the proposed development has approximately 173' of shoreline. This would allow a total of 4,671 square feet of public trust incorporation for the proposed marina. The proposed design would incorporate approximately 5,493 square feet of public trust area, which would not be consistent with 15A NCAC 07H .0208 (b)(5)(D). The Coastal Shoreline Rules which became effective on August 1, 2000, require that within estuarine and public trust shoreline AECs (areas of environmental concern), new development, with the exception of water dependent uses, shall be located a distance of 30 feet landward of normal water level or the normal high water level. Portions of the development, as indicated on the preliminary plat, are located within the 30' buffer area. This includes four of the six townhouses and a walkway. I 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Y Telephone 910-395-3900 0 Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer I David K. Newsom, PE September 20, 2000 Page Two It appears that the project would exceed the allowable 30 % impervious surface limit within the 75' AEC, and would therefor require an engineered storm water design that would meet or exceed the protection provided by the 30 % limitation. Also, please be advised that the requirement for a CAMA Major Permit for the project would also likely ,require the project to apply for and receive a Stormwater Management Permit from the North Carolina Division of Water Quality. Please call me if I can be of further assistance in this matter. incerely, fgs n iel Representative cc: Charles Jones v Bob Stroud Floyd Stewart (Town of Surf City) Scott-Vihson_(DW-.� David K. Newsom, PE September 20, 2000 Page Two fl It appears that the project would exceed the allowable 30 o impervious surface limit within the 75' AEC, and would therefor require an engineered stormwater design that would meet or exceed the protection provided by the 30 % limitation. Also, please be advised that the requirement for a CAMA Major Permit for the project would also likely ,require the project to apply for and receive a Stormwater Management Permit from the North Carolina Division of Water Quality. Please call me if I can be of further assistance in this matter. i i i Sincerely, 1 , 5 g5qn 6FielRepresentative cc: Charles Jones Bob Stroud Floyd Stewart (Town of .Surf City) �Scott�Viiisori'(DWQ)=-"! . E I P. 1 COMMUNICATION RESULT REPORT s tyOV . 2.2000 3 ICH ILE MODE---- ------ T----------- TX a—%9715306 - ----T—TINCDEMP, WIPO RESULT ,—_� PAGE _—QK _____ `P. 4/4, -------------- -------------------------------- DrIAS011 FOR ERROE2 E�-�1) NO FAt_5zttILE COi 1NE�=TION ,. E-3) NO AN51 RR LINE FAIL 4 I State of North Carolina Department of Enviro=ent and Natural Resources Wilmington Regional Office t Bill Holman, Secretary James B , Hunt, Governor FAX COVER SHEET Date: w1 - 1 ` No CO. � i g"N j �FAX 30�0 FA 4 REMARKS : pages. 127 C-ardinil Drive Rutusion, Wilmington, N.C, 20405.3945 Tdtpb0ne.(P- 1.395-,39Q0 crux (910) 350-2004 An EquDl Oppahunity AM rMA11vo Actiap Employer I 1 4 P. 1 COMMUNICATION RESULT REPORT ( OCT.16.2000 10;31AM ) I TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE ------------------------------------------------------------ 040 MEMORY TX ----� 8-9103284132 OK P. 3/3 Il 11 I I 1 I 1i11 —W— -- — REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER E—E) BUSY E-4) NO FACSIMILE CONNECTION I State of North Carolina Department of Environment and Natural Resources Wigton Regional Office James B. Hunt, Govemor Bill Holman, Secretary FAX COVER SHEET Date: ! No. Of Wages: - - To, S, _Qr-0-4- From: ` FAX #: _ 9 /0 - FAX#: 910-3 0-20D4 pk--V!%. CIO—393=-31?00 REMARKS: 1 127 Cardinal Drive Extension, Wilmington, N.C. 28405484E Telephone (910) 395-3900 Far (910) 350-2004 An rqual oppor unity AMrmativeAction Employer i II n State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office lames B. Hunt, Jr., Governor ` Bill Holman, Secretary Division of Water Quality 1, September 11, 2000 I CERTIFIED MAIL # 7000 0600 0023 4230 1176 RETURN RECEIPT REQUESTED I Mr. John L. Pierce Sunset Cove Development, Inc. 1' O Box 1685 NC 28540 - ' Subject: Dear Mr. Pierce: Al • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES REQUEST FOR STORMWATER MANAGEMENT PERMIT Harbor Pointe Stormwater Project Number: S W8 000905 Pender County On September 11, 2000, the Wilmington Regional Office of the Division of Water Quality received noti lication that a CAMA Major Development application would have been required for Sunset Cove Development, Inc. to construct a 859 foot bulkhead along the ICWW. The Stormwater rules, 15A NCAC 2H.1000, require any project that must receive either a CAMA Major permit or Sedimentation Erosion Control Plan approval to apply for and receive a Stormwater Management Permit. Under Section .1003 (b), this Office is required to review the entire project under a common plan of development for compliance with the Stormwater Rules. Please submit a complete stormwater management permit application as appropriate for the type of proposed development. A general stormwater permit is required for the following proposed development activities: Clearing and grading activities only; a single family residence; a bulkhead or boat ramp. Other types of development such as the construction of a bulkhead or boat ramp in association with upland development will require the appropriate application package as outlined in NCAC 2H.1000. Please either submit a completed perri,iit application or a written response regarding the status ofthe project by October 11, 2000. It is a violation of NCGS 143-215.1 to engage in development activities without the required permit. You are subject to enforcement action and penalties if you fail to get a permit required by the statutes, or if you fat I to respond to this letter. I V Please send stormwater applications and all correspondence to the address at the bottom of this letter. To assure prompt service, please reference the project number above on all correspondence. If you have any questions, please do not hesitate to call me at (910) 395L 3900, Sincerely, I I Scott Vinson Environmental Engineer I RSS/sav: S:1WQSlSTORMWATIS7'ORMSUB1SW8000905.SEP cc: Jim Gregson, CAMA Rep. (Morehead), DCM Rodner Scruggs, Pender County Inspections Wilmington Regional Office Central Bikes li 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 'releplione 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recyded110%. post -consumer paper I I State of North Carahiia I7epartmei-it of Environment ;A'11d.Natural Resources U7 Cardinal Drive Ext. VAminc - -NC 28405 rR�iU� R MPMO MAIL' REQUESMJ CERTIFIED MAIL + j 7000 0600 0023 SEP 2. hP�1 �d G�3 a Hsi?' 0 F , 4230 2 r. 1176 p� Y ri �41' Mr. John L. Pierce - Sunset Cove Develop P'. O. Box 1685 ro NC 2 8'Sy;4 OtA Inc. ,n ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: �L.� l.. �r �.•c�� ��• ,4 t ar J A. Received by (Please Print Clearly) I B. Date of Delivery C. Signature X ❑ Agent ❑ Addressee D. Is delivery address different from item 1 ? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type L1•C i ieed Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.D.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) 701b Oda& /!LI () _//Z(k PS Form 3811, July 1999 Domestic Return Receipt 102595-00•M-0952 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • State of North Carolina DENR ; 127 Cardinal Drive Ext. Wilmington, NC 28405 (Attn: Bev) State of \orth'Carolina Department of Environment and Natural Resources Wilmington Regional Office .lames B. Hunt,.Jr., Governor Bill Holman, Secretary, Division of Water Quality September 11, 2000 CERTIFIED MAIL 4 7000 0600 0023 4230 1176 RETURN RECEIPT REQUESTED Mr. John L. fierce Sunset Cove Development, Inc. 1' O Box 1685 NC 29540 1 Subject: REQUEST FOR STORMWATER «cs+*wi�la� MANAGEMENT PERMIT Harbor Pointe Stormwater Project Number: SW8 000905 Pender Count), Dear Mr. Pierce: On September 11. 2000, the 'Wilmington Regional Office of the Division of Water Quality received notification that a CAMA Major Development application would have been required for Sunset Cove Development, Inc. to construct a 859 foot bulkhead alone the ICWW. The Stormwater rules, 15A NCAC 214.1000, require any project that must receive either a CAMA Major permit or Sedimentation Erosion Control Plan approval to apply for and receive a Stormwater Management Permit. Under Section .1003 (b), this Office is required to review the entire project under a common plan of development for compliance with the Stormwater Rules. Please submit a complete stormwater management permit application as appropriate for the type of proposed development. A general stormwater permit is required for the following proposed development activities: Clearing and grading activities only; a single family residence; a bulkhead or boat ramp. Other types of development such as the construction of a bulkhead or boat ramp in association with upland development will require the appropriate application package as outlined in NCAC 2fl.1000. Please either submit a completed permit application or a written response regal•dilig the stittis ofthe project by October 1 1.2000. It is a violation ofNCGS 143-215.1 to en�(Fage in development activities without the required permit. You are subject to enforcement action and penalties if you fail to get a permit required by the statutes, or if you fall to respond to this letter. Please send storinwater applications and all correspondence to the address at the bottom of this letter. To assure prompt service, please reference the project number above on all correspondence. If you have any questions, please do not hesitate to call mr, at (910) 395-3900. Sincerely. Scott Vinson Environmental Engineer 1 RSS/sav: S:IWQSISTORMWATISTORMSUBISW8000905.SEP cc: Jim Gregson, CAMA Rep. (Morehead), DCM Rodner�g gsiona , Pender County Inspections Willnineton-Re al-4fflc? Central Files 127 Cardinal Ur. Ext., Wilmington, forth Carofina 28405 3'eiephone 910-395-3900 FAX 910-350-2004 An F.qunf Opportunity Affirmative Action Employer 50% reeycied110%. post -consumer Imper Nprm,Elease Prioll Clewarfy) 00 b co p igbymailar) m --------------------------------- Street,," No; or Box No. I'd /'4 es, A= ------------------------------------------------------------- State, +4 /,./. 71'". I'S Forni MOO, July ;��g See Reverse for In =lructicris -CAMArFAND DREDGE: AND FILL ' ,. �.J -ENERALzo�,: �2©313 ►� E R _ as-authorized+by.the State of North Carolina ' Department of Envir=onment, Health, and Natural resources and the Coastal Resources Commission in an area -of environmental concern pursuant to 15A NCAC Applicant N e 4�i C `{^-�' A r- Phone Number .TP L - Address City State._ /VC Zip Project. Location (County, State Road, Water.Body, etc.) Lf S 4 `7%> EsA+ L I-A+ubtAl(s N'e JPIco ; Type of Proieci: Activity- 2� I &A I K#2�147_) Pd L{] d 4 .;.11ray ✓c" �y0/1/yr4L , PROJECT DESCRIPTION Pier (dock) length. SKETCH '• i I ! I � __ � I F� _ !- TT-1 t 1. Q �(sCALE: pS/ T lIj) . 1yF �E � II % 17 N : 5--�-�•-•-••-•1- I{� I 7 Groin length ' i I •number. Bulkhead length ,rSG max. distance offshore { •` '. z 1 I I I:' 1 Basin, channel dimensions cubic yards Ll Boat ramp dimensions Other. - ! i /-v :.i. 4 f i i i i . i�. f i This permit.is subject-io compliance with this application, site f drawing and attached general and specific conditions. Any NNN f violation of these 'terms may subject the permittee to a fine, -- imprisonment or civil action; and may -cause the permit to be- applicant's signature void- come-null-and,i This' permit must :be on `.thi project site and accessible ' to the ' • _ -permit officer's signature permit officer when -the is .inspected for.•compliance. _project The applicant certifies b.y•signing.this permit .thav-]).this pro- U- 0U. 0C) ject .is consistent with the local land use -plan :and all local issuing date expiration,date ordinances, and 2) a written statement has been obtained from .adjacent riparian landowners certifying that they have no N /�e�%�•-;. objections to the proposed work. attachments - In issuing this permit the State of North Carolina certifies that pU this project is consistent with the North Carolina Coastal .application fee Management -Program. r 3 ' 1 l- x t 4 - t •Appllcanl f l Address', ty�' x Prriiart°t Name'' �heproposep,projecttc r above es hereby_certifi{ ?t quirement pursuantaa, k CAMA;permtt7equlrerr your<obtalning any othe SKETCH .r ,":w 5. ! 1 I 1 {: � `, - 9"[PTIE iCATI�ON QF EXEN t �� „y.,.,�-*, ►� rn -^t,.Y �c , 3 .T � ...z-,..�rrr .�.�.. � � -k - .. �.sti �wx •cam 7"`r �4 -,tiA ,�' = ^S ' ,,. _' '��� � k,l •t- - .,i +� s. � - �,L .. , `- - ^ssx'r u---4 '�•� s �e i - 301V1�R QUIRING`"A CAMASPERii IT :t 7'e ,rr.+ i - r'J.i•::r=_e_ 1'r —.-.c.+.. f.-..-.fir A�' iuthot ued by ihe_ Statefof Noitfi Caollna f' t _ r n'r )artment of Environment, i Iealth.,and.NaturaFResources and theCoasta! Resources Cammisslon - png area oienvlronmental concern pursuant to'15 NCAC Subchiapter. ,,K 0203 - �.s.n..�r.._,.�.`.•�?,. ^,: .IY w r :dy _.:r"• ►- Phone N6mbbr(91," Y .+f•w `�- (� J-{Y�- yid-C/,. !� lfo1. I t,. State NC rZlp•°� :y:� y; tate Road,"Water.Bociy; etc) = L f fin, 'SiF s ; r �'T-J""-r...3.,?<,rrS: M•r ..r. .,. -;c . �.,..K, 1 .4'?, u[r�:. �..�'L : -S +s+.+ -..•EIS: '3_ i+•,..r `. a s, ._1,, ,. f Project i4W !l#�) q9 �.��st:J-=z_aiw`'rEy �'�.ts� ^���•rr-,�i,•'v �. .•r- i.. 1 '_•r:._ :ice.-v. : rTr• .�-�'�� .�;�'-, 3 K1•,.+. u:��--• ^.s.'?i .. X..�w�/i SA ,'I_'4...�4__..^.�. �. .n)J• ..-.� .1 �-„-..:.'.'.: ."�� •4. �-::�-� :.,r .4:• _ � _.. y p, , .I y,� located and constructed asdescnbedr Thls ccrtiiication of 'exemption from reguuing:a LAMA permit Is asexempt from the LAMA parrrirt red,. r �-valid:for.90 days.from the'datenofyssuance Followmg:explration r; , �NCACr,7K,.0203 Ttiis ezemptlon,'io r:a re ezamiriatian:of the -project and =project site may be necessary . tS�d4eS{nOt'alleviate,ihefiecessdy oi,�tocontinuettiisoertificatlon°;a " ,�'' h �'�'}' '77 'r'<•` tate federal or Local authonzation ty k �; � - .:r-' L •4 .� '-"fir � ..te .s; s'. ,.; ' ,•# �i ! °. I ''1 � `" '-s';1 (SCAL'E _ bk? OR CJi I ;i �� "x,•- i }r `�µt ^ki- "�'' 't`rk.1t 'tier'.. �'1.• i'?i •5:.�;1 _ �G. ! pk'S;'.yr72 l� jjb' o aJ .l n _. •s Yy _.'1 rs._ -i, � _ Y'� i "'1'�' rw: s>�..1� ix- l.' _ �..♦ -•sary. � •� ^ ;� h-r.�: - : -M : L'�lsr 'I�', •� G� •'�_..' �: t'i>�., :`: �C�ie-' ya �= sr• Y• :ij,w, G �C1 r]'�� 't _•L-Y_'�M- } .� �shk..{�1-ry r •�xr'T .ir tl rr..� Ial.,µS- t .,. �f a . t eD: �_: �� J' d � � M s„ lyt � it +b�' � Y � r� S t - !' (t r• Y s•'' 1 � �..t,e;.. �;w;: �, r��( yt`.� ,,. � G1 �, T � {:�, ,�.��' wa,,.tl;' '�"'�-„��.rt ' #t�z. o-: �:�ta f .! �' '1' � --� �s`' '-' 1 �.5; r;�.••�.'.... A- r� yips` t-rr, i - e err y r D �z'{.rt^7+ht � 1�1� � aj sFit •.. f -!', ,C� y: � y i # -" - i �- F *:, { � Y r. w 'I+ 3,+''/[ -:.}�, j y ih w 1 y i •t {r t I 'I, t _ "'.I.r t 1# r . 1, '•'- ! �+ �'� I4 !,. tiir .Y , � - � fJ'{t 1T i !4 -'. � 1- ! I _ _ L I ? 1 I I1 ',I I i,� 5 t �. t � _ .h •� A _ y'• [ •'[l r. A .F i�' _ � t ;1 4 � w' si4 r G �-��~ � rftr~ r5 r ° s!� � � �F'� {7!'ry[S ''� ��li..fi,.�. It 'K a I{• `"�'t Y gI , U„ rti` � t r�_. j' Y-•}t � �l �- f � y � I-• i _{ .1:., _..7 1 t't I J.' _ .I .'lY y�.R. �l '� � 1 ^Cl L: xt. � a ' r! It �` �J s !i � �F � A,. 1y.`.?- 1 �a�„ ^� -r K�: �: y-•� s>!'� t _ HrA!� -.r. llsk .z t kn- r• 1,� f; t •�i } ,e�" ..Jr•.�,.�v �• ; .'`� .I [ - _ R.} 1 q5 �t I �. _ l .,l F1 ii �..._ -�„ .ii.. j o S,. � d• - l ;:�.• L.. •,,.r t r.' $ .,j_ -� �%«v tl � �• "� _:# ;-z - '4 ds �S i _�: - J or �iG•Fe' - rr *. ,� [ � +4,' 1- ! H • .,,. .- - 3r s; � } - ! R '"�k :•F .�", � - _r � 3-�x ', :. � fi4' w � .7x '..,_, t � •�•� I �r.� l ,� �r•'a.1 �..t3r' ti' '[ rl 1 r. !; r.. .c� � � "t. � ['.n r y k.. ; 'r i ' }'. • _ 7• [ II t , �.7 � �': T t.'.x 1 'i �'+A ff JJ -1 t • 1 -L '' ', 1.� '% fi �{# - t 15 �xf �i -� `- d I. ,��»R+�� al�y i�7, //�t�� � t -t_ 4: � � (�.�.�.�' .Yj;i-'?. ;' �K 1 �.1 (�/I`\' I V 'I•rG' i. 'i 'f_�I •JI Y S - , -� jk.t - - i i raid r F 4 Is "'7" {� k , I :-� , I i-.;�' -•' 1 ,,, s �, 1 I- �- { ' '.,, r J Any person�.Wpo:praceedslwlth a.devefopment.wlthout.the:con- ` Gr sent of a;CAMA. clal under the mistaken;ass.u!pptiontihat ttie A 'cant ignat e , development is'exempte8 will be m vlolaiion of the LAMA If there r , ^ > is aaubsaquent determiriatlon-thaVa peimlt was �equired,for;the „[ .development: r ` - dA b I I ature _ F - - fL� - :The a licant certifies b 'si nin thls:exem tion that 1 the a PP Y;.,.9, -.. 9, l? O P" .Issuing�date pllcant-has-read:and,vvA1;atiid by ihe!conditionsjo{ this exerrip; tian, and (2) a written statement liasbeeri obtained from adjacent ' landowners certifying''hat-±they-'have_ :no' -objections :to:.ther . - r.. -Expiration date =� .proposed work:, ' Attachmcnt:.15 North Carolina'Administrative Cade 7K ; .0203 v CAMA AND DREDGE AND FILL -GENERAL 020312.-4b I PERMIT / as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC - % "a 00 _ J 7 %4. ! 3 Applicant Name �Ot-1N , != RC �y � n.�.e -�- G4-P arm (91YOL/ b - ? eo o' Phone Number ' Address 4/O9 _50jnr,50A-' ?I\f� City 5otj •� kc- State Al .. -Zip Project Location (County, State Road, Water Body, etc.) Type of Project Activity —pRLA This permit is subject to compliance with this application, site drawing and attached general and -specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. ! = applicant's signature Ar permit officer's signature i� issuing date expiration date attachments application fee'h �a�x 'wb PbGE1043 Br, 1163P � � IN TEMMONY WHEREOF, the above corpo:1 cantor caused IN TESTIMONY WHEREOF, each hide d I rarttnr lux hereon ts,is irzirumcm to be executed in its corporate name by its set his hand and adopted as his seat the word 'SEAL- appearing aside or President, new his signature, this soled iosnument being executed and delivered e;• averted by Its - _ '-` Secretary, the date first abort wrincn. and its corporate seal to erein affamd aU Ey the JxwU order of Its Ma td of Dimcaon first duly given, with this swltd instnunem being Grantor: (SEAL) dtlivered on the date first above written. t Un kAT1:NAM Rv'. Prrsident Grantor: (SEAT.) Granmr: (SEAL.) Grantor: Al-1'FST R,4" Secretary tt7osi�{rrs rF,i'�U , j i'[irlOi+r�t drF{EFLSOF. the above partnenhip Orantor. Limped Liability Company. or Limited Liability Partnership has caused this instrirnent to be . izttatcdt 1. the C �Fa tEc�ompam or paraership name by duly authonzed general pamser(a) or rnaragers, and has adopted as its seal the word 'SfiAL' tppeart estate itrrhmE; �1sfi scaled instrumcint: Wag executed and delivered on sM dztr fist above written. T y ;—,,c; yi��: (SEAL) by: (SEAL) P"r AM ft1X NLf Wr. LLc, On LLP �nLf)) . Title: By�...4 •^..•O I �'� ,�` _ _ _ _ (SEAT.) By: (SEAL) Tide- Tide: SFAL SCAMP STATE OF NORTH CAROLINA, COUNTY OF !, a Notary Public, do hereby tenify that Grantor, personally rppvred before me this day and acknowledged the execution of this Deed of TrusL Whom my hand and official. sump or teat, this day of My Commission FApires: NOTARY PUBLIC r�s SEAL STAMP STATA OF NORTH CAROLINA, COUNTY OP S 1, a NOdry Public, do hereby certify that Greater, personally appeared before me this day aid acknowledged the cxtcudon of this Deed of Trust. --. Witness my hard sad official stamp or seal, this day of CD My COmmuxlOA Etpirts: NOTA KY PUAUC SEAL STAMP STATE OF NORTH CAROLENA, COUNTY OF l J 1, a Notary Public, do hereby ccrilfy that perionit4y appeared belOrc me this day and aexnow edg Lost iney i3darc ImciXIEC wM =coca parmers or marmlim) or a and further acknowledged the due accution of dw Died ofTWL on behalf of the Witness my hard and official stamp or seal, this - -d;y of - — My Caeaoasion Expires: NOTARY MMUC STATE OF NORTH CAROLINA, COUNTY OF Smm�aon _ T� r •"��y� �FriJ '' I' ,�e�„gg`tL,�. S:nlamAn _ _ _ , a Notary Asbfr- of SEt Bon Cwrny, '�•�~'• S•jf'rNanb Cano�me, do hc[cby ctaYify that oaf appeared AChena S. Pierce PeTso ly •' NOtA a '�efore me dais day and AekoawleCg+b that 5 he is 5cecretary of Sunset Cove Deye} OpmeftC, ZnG. .a corporation, and that by authority duly given and as the act or the corporation, the foregoing msnument was signed In [a name by !ts Pruldent, sealedwith iu corporetc se:i. and mucsted by herself as its V, _ Secretary. ;r'11,o •ti+ �:" Wimm my hand and official stamp of seal, this loth day of March 200D ....... My commission PxRires; 6-22-2003 NOTARY "UC The foregoing Cestificalc(s) of Peggy K_ Coleman Warc ccrdficd to be correct. This insaummi and this certificate are duly regirtercd at the date and rune" car the Rook and Page shown an the fist page hereof, A— REGLvmR OF DL•EDS FOR on$low COUNTY By; -----`— Deputy/Aesistanl- RegutxofDecds. P"a•1a 98T4U5 ueosu eaax 161 ' PAGE 10 41 SCHEDULE "A" UK r 5 6 3 PG 2 5 p PENDER COUNTY TRACT I: Being all of Lot Numbers 1, 2, 3, 4, 6, and 8 as shown on map entitled "Recombination of Topsail Landing" prepared by CharlesF. Riggs and Associates, Inc. on January 10, 2000 and recorded in Map Book 33, Page 17, Slide 445, Pender County Registry, TRACT II: Being all of Lots 9A, 9B and 9C as shown on map entitled 'Recombination of Lot 9 of Topsail Landing" dated January 10, 2000 and recorded in Map Book 33, Page 18, Slide 445, Pender County Registry and being the lot formerly shown as Lot 9 in Map Book 33, Page 17, Slide 445, Pender County Registry. Subject to right of way of Intra Coastal Waterway. Subject to right of way of NC Highway 210 and NC Highway 50. ONSLOW COUNTY TRACT Al: Commencing at the centerline intersection ofMyrtle Drive and NC Hwy 210; thence leaving said intersection and along the centerline of NC Hwy 210 in a northeastern direction 658.9 feet to a point in said centerline; thence leaving said centerline South 30 deg. 21 min_ 46 sec. East 49.96 feet to an existing concrete monument in the southern right-of-way line of NC Hwy 210; thence along said right-of-way line North 61 deg. 19 min. 45 sec. East 945.42 feet to a set iron rod in said southern right-of-way line and being THE TRUE POINT OF BEGINNING; thence from the above described true.point of beginning and along said right-of-way line North 61 deg. 19 min. 45 sec. East 60.00 feet to a set iron rod; thence leaving said right-of-way line South 30 deg. 21 min. 46 sec. East 85.00 feet to -a set iron rod; thence South 30 deg. 21 min. 46 sec. East 105.00 feet to a set ironrod; thence South 30 deg. 21 min. 46 sec. East 91.18 feet to a point in the approximate mean high waterline of the Atlantic Ocean; thence along said approximate mean high water line South 60 deg. 19 min. 33 sec. West 59.98 feet to a point; thence leaving said approximate mean high water line North 30 deg. 21 min. 46 sec, West 92.23 feet to a set iron rod; thence North 30 deg..21 min. 46 sec. West.105.00 feet to a set iron rod; thence North 30 deg. 21 min. 46 sec. West 85.00 feet to a set iron rod in the southern right-of- way line of NC Hwy 210 and BEING THE POINT AND PLACE OF BEGINNING, containing 16,894 square feet as surveyed by Charles Francis Riggs, R-L.S. on September 10, 1991 _ The courses contained within are correct in angular relationship and are referenced to grid north. instrument to be signed in its corporate name by its duly authorized officers and Its seal to be hereunto affixed by authority pf its Board of Directors, the day and year first above written. TPC. , B y ( SEAT. ) Presid nt °Cfra tary NORTH CAROLINA n0#64;0W COUNTY 1' PNe(er qq I, 1//�i✓i✓A v_lort/e/✓ a Notary Public in and for said County and state, certify that Debor'ir7A Bry�,ri personally came before me this day and acknowledged i:hat She is i secretary of TP, Inc., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested,by`t a�her as its Secretary. a witness my hand and official stamps or seal, of March, 2000. Notary Public Ply commission expires: My Cartlmieefnn r.n;,_,..Pift 18, ZO- lktr '."` STATE OF NORTH CAROLINA, ONSLOW COUNTY The foregoing-certificate(s) of ij in> m &vyen is (are) certified to be correct. This insttrument was present fo registr�'on this _.1p'day ❑f Ii�1CJ i(�r �, 2000, at 15§ A.M_, V.M.},'and duly recorded in the office of the Register of Deeds o Onslow County, North Carolina, in Hook ISM, Page This the 10 day of k:Y) 'f rr k—) 2000. JOYCE M, SWIPHOOP REGISTER OF DEEDS rf A IT, DEPUTY REGISTER OF DEEDS 5 Mall aft brdingto: JG'`.0 H.5; ICEGOOD Daniel Rizz,JO WUJ' a U UtEUw P.D. Box 966D hhf'F 0 p� {C AacT ibis Instrument was prrpared by: R. Daniel Rizzo, Attorney at Law i t, Recording: Time, Book and Pig, ? ender County - Topsail I,aading/ortslow County lot NORTH CAROLINA (FU1-UREADVANCE) DEED OF TRUST (Collateral is or Includes Fixtures) V'. I TIRS DEED OF TRUST AND SECURITY AGREEMENT (•Dsx-d of Trust") is made as of this loci] day of March _2QQQ by and bctween: y. GRANTOR (Include Address) rltusTee a JuNco of NOON Carcltra �. Sunset Cnve DevelripmenC, Tnc. _:. Michael R. Pctrllc`dn Box lf&5 Jacksonville, NC 28540 BEIIEFICIARY BRANCH BANKING AND TRt(ST COMPANY, a North Camllna state banking carpondon P.O. Box 1255. Wlauton Salem, NC 171(M-1255 LF BOX CIIECKBD, THE DEED OP TRUST SECURES AN OBLIGATION INCURRED Sr , FOR TILE CONSTRUCTION OF AN 1MPROV12MENP ON LAND. THE FGLLUWI170IN1`[RMATION APTTJETI(Y`TF= •f �; I. The rn ximunt principal amount of the Debt (defined below), Including presend and future advaneca, secured by thLt Deed of'fruss Is I' Seven Bundred Fifty Thousand and tia/t00 Do]lays ----------------- ------ ---------^---`-- i 710.000.00 1. The Debt, on the date hereof, is evidenced by a Note andfor other Document described by name, parries, dcilar amannt and dad: as follows; Note dated March I() 2000 in the amount of 3 750, 000, 00 cxcc:oadby Sunset Cove Deve.Lopsaent, Inc. F'-- and may be evidenced by and shall be at all times deeinrd to include, any and all Other no[s or other Document] now or hereafter evkleccing any drCt arh=tipeve[ incurred by Gnmor and payable to Bchc(sciary, the (crass of which ate incorpormel herein by reference. lr k 3. Pursuing to use provisions of Sections 45-67 et seq., of the North Catalina Gencral Statutes, this Decd of Trust secures d6a payment of the Debt, Including present and future advances. ,t - If 4. The current prbwipai amount of the Debt advanced on the date hereof (including any ouutanding amounts advanced previously) by Beneficiary Is S 750. DOG. 00 (If nanc, sa state). i 5. No ezceutiaa of a written I-Mmrnelst or nocadon shall be sacceasary to evidence or secure any fusure advances nude h:murder. The period wid,in which future advancu are to be mide shall be the fifteen year perW beginning an the date of this DcW of Tnut. ' 6. The real property which it the subject of this Dud of Trust is located In or near the Cily of Surf City , in the Township of —TnpsniLalld—E>=tee sound , in she Caunrf of Pender and Ons.low . in the $sate of North Carol{na, and the legal description and the chain of Brie reference of the real prupeny are W forth as follows: See Schedule "A" attached hereto and made a part hereof. OKI563PS246 � P"DrR COUR71 )jC 03110/2a00 Prepared by; WARLIkF _MgLSTED, DOTSON & CARTW� [ HA 9I300.00 �R Real Estate GG Ila< 10 Pii 3 ?a Parcel No: Excise Tax ��YC'� Mail to; Suns0t Cd* '9WA( %'Pent, Inc. r,r:m%i,r Or.."IiTY IlC STAMPS: WARRANTY DEED NORTH CAROLINA 0VSL'QW COUNTY TEODO P, THIS DEED, made thisW-• day of March, 2000, by and between TP, INC., a North Carolina Corporation, hereinafter referred to as Grantor, and SUNSET COVE DEVELOPMENT, INC., a North Carolina Corporation, hereinafter referred to as Grantee; W I T N E S S E T H: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,- has and by these presents does grant, bargain,. sell, and convey unto the Grantee, its successors and assigns, in fee simple, all that certain lot or parcel of land situated in Surf City, Pander County, North Carolina, and more particularly described as follows: TRACT I: BEING all of Lot numbers 1 through 8 inclusive as shown on map -entitled "Recombination of Topsail Landing" prepared by Charles F. Riggs and Associates, Inc. on .January 10, 2000 and recorded in Map Book 33, Page 17, Slide 445, Pender County Registry. TRACT II: BEING all of Lots 9A, 9B and 9C as shown on map entitled "Recombination of Lot 9 of Topsail Landing" dated January 10, 2000 and recorded.in Map Book 33, Page 18, Slide 445, Pander County Registry and being the lot formerly shown as Lot 9 in Map Book 33, Page 17, Slide 445, Pander County Registry. SUBJECT TO RIGHT OF WAY OF INTRA COASTAL WATERWAY. SUBJECT TO RIGHT OF WAY OF NC HIGHWAY 216 AND NC .HIGHWAY 50. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee, its successors and assigns in fee simple. And the Grantor does covenant that it is seized of the premises in fee simple, and has the right to convey the same, that the same is free and clear of all encumbrances, and that it will warrant and defend the title herein conveyed against the lawful Recorded and Verified doyee M. Swicegood R-• Uixcar of Deu%.s Fender Gount3, NO u FlUED .54 6arPGt2 _ fl0 S1lL ti 2 P11 1 aoYc�. M.Sw�c��oo� AEGIS�ER pub +{�liG PE}kDER PS CO i Exct a zyx —a— Recording Time, Book and Page i Tax Lot No. Parcel Identifier No........................................................................... Verifiedby ................ ...... ....:......... ................................... County on the ................ day of ......................................................... ............ by.................................................................................................................................................................................................................. ii Mail after recording to SaroY_Point.e,_Homgowners' Association, Inc,.............................................................................. i ir...................................................................................................................................................................................................................... t%Lhia instrument was prepared by ...GBY� 41.t...dwards S VatcheZ r Attorneys ...................................................................... f Brief description for the Index 0.04 Acres, MB 33, PG•65_, PCR NORTH CAROLINA GENERAL WARRANTY DEED THIS DEEI) made thin ...15th day of ..................?Y....._........................., 200.0._., by and between GRANTOR i SUNSET COVE DEVELOPMENT, INC., a a North Carolina corporation GRANTEE HARBOR POINTE HOMEOWNERS' ASSOCIATION, INC_, a North Carolina non-profit corporation prr.ard"d aad Verified 1c-,•,je M. 5wioeg00d ,;..y;LeAur of Deeds Pander County, 190 Enter In appropriate block for och party; name, address, and, if apprepriata, chardcter of entity, e.q. oarporatinn or partnership. The designation Grantor and Grantee as used herein.ahall include said parties, their heirs, successors, and assigns, and shall Include singular, plural, masculine, feminine or neuter as required by context. WITNE93ETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcei of land sltuated in the City of ............................. ..... ..T.ppR9H .......... Township, Pander . County, North Carolina and more particularly described as follows: The Common Area. containing 0.04 acres, together with any boat dock or other improvements thereon, attached thereto or extending -therefrom, and an easement for ingress, egress, utilities and maintenance of the roadway or street thereon over, under and upon that area designated as 30 foot ingress, egress and utility easemutt, all as shown an the plat of "Harbor Pointe" recorded in Map Book 33, Page 65 , SLide 44.9, in the Office of the Register of Deeds of Pender County, North Carolina. N. C. a. , Aa.oc. Fern. M. ] e 1976. Rrrlsed O 1977 ,.«..... -�_ ­.,.. n. a — - ,.., Pa11D811 COUF'"1 a[ C5111/2000 R $2.10.00 gfalf T �pattH1NA bt Real Estale Tax y Excise V belse Tar $270. 00 00 Juts 14 N'K to: 13 OK 1 2 PG 3 0 3 JpYCE K.SWICEGOOD ,jR£t ISYER Of DEEDS pf1 UZR COIL y. HC Recoralnq Time. Hook and PsQe Tax Lot No._—____ —„ _„.„ „_ ___ _ __ Parcel identifier No. y123 S 019 401-3 Varbed bY.County on the._....__..�.._day of _..�....�.��,_..._..r.�.�_..._...., 19......—•••,...... bT, IT -if r recording This inatr- ment was prepared by R.DDaniel Rizzo, Attorney at�Law Brief description -for the Index LT B,FtARBOR POINTS NORTH CAROLINA GENERAL WARRANTY DEED THIS DYED made tlris',?tih. _..,day ROLL— by and between GRANTOR GRANTEE Sunset Cove Development, Inc. P. O. Bax 1685 Jacksonville, NC 28540 O. H. Carroll Construction, LLC G19 S. Topsail Drive Surf City, NC 28445 Enter In sppmvAsle black for neh party; cum., add re.s, and. If apprspriala, .haraclrr of rr.tny, e.q, corporation or parla.rshlp. The designation Grantor and Grantee as used herein ahnil include said parties, their heirs, successors, and assigns, and aball include singular, plural, masculine, feminine or neuter as required by context. WITNEWETH, that the Grantor, fnr a -valuable cnnsideration paid by the Grantee, the receipt of which in hereby acknowlefted, has and by these presents daes, grant, bargain, sell and convey unto the Grantee In fee simple, all that certain lot or parcel of land eits,ated in the City of___„_ „� .__-- _-„ _„„ To BBiI „ ___ _ Township, County. Forth Caralinn and mnre particularly described as follows: Being all of Lot 8 of Harbor,Pointe as shown on map entitled "Revised Recombination Plat Showing Harbor Pointe" prepared by John L. Pierce & Associates, P.A. on May 1, 2000 and recorded in Map Book 33, Page 47,- Slide 448, Pender County Registry (formerly Lat 8 of Topsail Landing as shown on map recorded in Map Book 13, Page 17, Slide 445, Pender County Registry). Subject to right of way of Intra Coastal Waterway. Subject to right of way of NC Highway 210 and NC Highway So. ;,,JAG ■_: `.- :Itca Y. of DtAr I,ylstar 2U,-,3tf ".C. Bar Association Form No. L-3, m 1976, Revised 0 1977 ScAU -o 1"lady er, - --- x'a,, ae� ... a 'l1k document was prepared by / ..... ........... I., .......... 31, , ; ','................. FILED BK15�5PG346 PIcs.7c return aficir-recording to: R...1) hit Stole Ur Nunh Carolill. JOYCE M. SWICEGOOD REGISTER OF —DEEDS Spate Above Ibis Un, For Reco"Ung Datm REAL IMMATMMM) OF TRUST (Willi Fulure Advance Clause) I. DATE AND mum"113. The dale of tills Deed of is •.................... I and the parties and their addresses are as follows: GILANTOR: ,7phn, L, Pierce and wife, .......... ....... ............ .......... ........... I ........ 912 Harris Creek Road ............... ...Jacksonville, NC 2� ................... .................................. I ........................ 540 ......... ............. ; ............................................. ........................................................... ...... — ................. — ............... ................. D ItcFer to the Addendum which is allached 1111d inrorporalcd htl`Cill for additional COMMUTS. "'John..Q.-Shaw ...jr ....... - ...... ...................... — .................................. — ..................................... .................. ......................................... —, ....................... 11 ......................................... .............. ............ — ..................................................... 1. ....... I ........................ ................................. ............. I ............ .............................................. Bank of Tennessee ...................... ......... .................. ..... -'....................... 11- ............................ 30 1 Z-'.XY!TL. iCi n r 0 P'q';7.t; '...TN .... 376fi0— .... I .............. ................................................................ ....................................................... I .............................. ....................... ...... ......... I .................. I ........... I .................... I I . . 1. . ...................... ...... I ....................... 2.. C0NVI--YAN('1-'. I;0T V1111d And vahiahle VtMidvration, lhe ruccifil and sufficiency Of which is rtcknnwk-dgt7d, and ill ISMITC the Secured Dubi flicruillcr dvfillcd), (;rarilor irrevocably graill.s. Conveys Blkd -NCILq to Truslev, in 4ru.sl for the hLitt:11i of the Lclldcf, %vill, power ol"mate, Ill foliowiq dc.5cribed Properly.. R01114od —d Verified See Schedule "A" attached hereto and made a part hereof. Joyce M. Swiclegood 'tall'ate-r Of Deeds gender County, No 'file Prorwrly is hicatcd ill .......... ............. I ................ I ............. .......... ....................................... Mddrm� ... Norlh Carolina Topt-1hur Milt ',.it riglil.s. BPPUflCIIFtIICCS, TOY 1MY"It'ills or IrtitLI piny r;IyjjjCIIl.� 111j1de 1,� . 1111i", "'i"U."I r1glils, nil and gas rights, MIPS, limber, all divcrrimures, alml replaccillujit. Crop producers, .; 1112, By III)w, all Bold all t:xisliog alld future qlr clu referred in II.N 3- little it, lilt: rmlm', he par[ Of the real vslate d -1 to Ivq "I'TrIpurly"). The Irnir Pr(ifierly aISO includes, hut is mrihcd above (all W-Ivrvoir sites and dents located ' 'lQ[ li'llilt:d 14), any gold all water wclls wafer, ditches, however mabligled. Oil 111V real estate and all riparian alla water rights associated with ith file Properly. 3. MAXINItIM (MILIGA-1-10N I,IMI,I,. The n,a, principal aill"uIll of the ScCufcd Urhl (hereafter dcl-med) Xcurcd by ijli& Deed of-l'rum at ally "Ill! liMC 5JLaI1 "(IF exceed -S HIll include ililcres - 249,5011.00 ................................ . 1, I(I'll clear coniniiinicill frc,,t Illadc pursuant. in rfii,% I lecd of,j, •"his lifilital1011 Or amotmi does ruse arid dots not Stramcys, fees arid ollicr charges validly lenim or mix i)t.cd aPPIY In 2Jv;'oCU (Or Illicresl accrued on .such advances) madc ' TFUti. I:uturC jjdVj 'if Tr-f In project Lundur'.s securil rid in perfortil ally Of Ile coycl,alll., contained �undcr flic olces are Collicillplalcd arid, along wil' allied [it 111j.,; I)Cd Or 111""911 111 (IT part nipy ,(?I yet be advanced, Nothing 11 n1ficr future ob"gal"lls, BTC Xcured by flji.s 1)ecd Or 1,ru.51 (:yet) "dditil"lal or luturt: Itialls Or udv3jIE:r, g ill Ifliv 1)ccd C?f' 1ritsf, ll()Wuvcr. Shali cglL511jule n CoFlljlljll,,L:Jlr 10 w4rhig. .; Ill ally all Muill, Any such cQljlnljj[IIcnT Wultfd 91cull 11) he agreed ici ill a Separate 4• sE('ultirl) lw: 11NED. A. Tlit- pr1q, , 'I Ile le"ll ."Securcld 1)ubl" includes, hut N ll(q limited I alli IIr (FIIIvr uvidejL c 1), 111t: follolviOg: 11)"dilicali,1111 Ill- � C: Or debt d"cribcd bcjtIw slid all 60. 0, u"t it Ill i:ltls Wvidence or otbl). dated April 19, gxe`Cutej[�-bY--J-0hTj-;'... Uerce in t an anjtial interest rate . .. .... .. 2000 with advance of $1 .. ........... 01 with a 00,D00.00 .............. ............... ......................... ....... 1— 29',"'20GJ ..... .......... - ................. ..' .... .................... 4 .......... — ......... ....................... ....... ....... I..., ........................ ...... I ............... ................. ......................................... NOR r" CAROLINA - AGrCU Llunmicom., pcPAL OM) OV TnusT FvAqIMOT-W- MGM AA'D Nor FoR CONSUMER PlIpposcs, P.9p 7 of 6 n a 08r;04/2OkO 16:01 910-346-1210 JOHN L PIERCE PAG 01 JOHN L. PIERCE & ASSOCIATES, P.A. RO. rink l G85 ,hicksolwilla. NC 26541 August 44, 2000 LAND SURVEYING - LAND PLANNING - MAPPING OFFICE: 910-346-9800 FAX NO.: 910-346-1210 E-MAIL: ipierce®onslowonline_net tAUG 2000 OE:NR Aj'FR QUALITY POINT SOURCE B�AIIC� H Mr, Bradley Bennett Environmental Engineer Supervisor N.C. Department of Environment and Natural Resources 1617 MSC Raleigh, NC 27699-1617 Re_ Harbor Pointe Subdivision - Topsail Twp., Pender County Dear Mr. Bennett: 40g John3on Filed. ,1Acktinlwd1P, N.C. 29540 1 have enclosed a copy of a letter to Mr. Dan Sams with the Division of Sedimentation & Erasion Control concerning the above referenced project. I also met with Mr. Scott Vincent with the Stormwater Management Division in Wilmington, NC concerning this matter. 1 would appreciate it if you would take the time to review this letter and advise me of your opinion concerning the situation which has occttn'ed in the development of this project_ If you have any questions concerning this matter, please give me a call at the phone number listed shove. Sincerely, John L. Pierce JOHN I. PIERCE & ASSOCIATES, P.A. j p/bb Encl. LO IS. F•AHMLANU AND WOODLAND SURVEYING • SITE PLANNING - SUBDIVISION LAYOUT - LAND (DEVELOPMCNT PLANNING CONSTRUCTION SURVEYING -TOPOGRAPHIC SURVEYING AND MAPPING PhasoI Environmental Audtt / Risk Assoesmenl � r i V "/ �! J-M6 " '& ,of -m_ rvi 46-v,4, fm '�Vtr p" kV • rYc�7A1 iI 3-�7 1'417�{ �� film ,ins 0B/ie4/26*0 16: 01 910-346-1210 JOHN L PIERCE PAGE 02 r- P.O. Box 1685 Jacksonville. W. 2A Sn 1 JOHN L. PIERCE & ASSOCIATES, P.A.- LAND SURVEYING - LAND PLANNING - MAPPING OFFICE: 910-346-9800 FAX NO.: 910-346-1210 E-MAIL: iplarce@onalowonline.net August 4, 2000 Mr. Dan Sams N.C:. Department of Natural Recourses and Community Development N -C. Department of Sedimentation & Erosion Control 127 North Cardinal Drive Wilmington, NC 28406 Re: Harbor Pointe Dear Mr. Sams: 400 Johnson Blvd. Jacksnmil e. NX... 2A540 As discussed at the meeting on August 2, 2000 with you, Ms. Janet Paith and me, Sunset Cove Development, Inc. purchased eleven platted lots from Mr. Ronnie Bryant on March 10, 2000. The deeds to Sunset Cove was recorded in Deed Book 1563, Page 246 of the Pencler County Registry. Prior to the purchase by Sunset Cove,1 was informed by Mr. Charles Riggs, surveyor for Mr Bryant, that no environmental permit would be required if the only land disturbing activity would be construction of the drive, as shown on the recorded plat, and a bulkhead for the lots since less than one ache would be disturbed. Mr. Riggs informed me that the only permit required for subdividing the approximately 2 acre tract of land was the utilities permit and any remaining permits required were in the possession of Mr. Bryant. I lowever, I was not informed, nor was I aware, that a sedimentation and erosion control plan for a 5.3 acre tract, including the adjacent watercourse, has been applied for by Mr. Bryant and approved. I only became aware of the Letter of Approval issued by your agency of the sedimentation and erasion control plan submitted by Mr. Bryant at our meeting on August 2, 2000, Sunset. Cove never had any intention of undertaking the more extensive land disturbing activities for which the plan applied for by Mr. Bryant had been approved. In fact, the only land disturbing activity performed was the construction of the drive in the access easement area shown on the recorded plat and, after receipt of CAMA permit, installation of the bulkhead on behalf of individuals and entities who owned severs (7) of LOTS. WMt AND AND WOODLAND SURVEYING - SITE PLANNINe - SUBDIVISION LAYOUT • LAND DEVELOPMENT PLANNING CONSTRUCTION SURVEYING -TOPOGRAPHIC SURVEYING AND MAPPING Prase I Environmental AUdi! / Risk Assessment OB/04/20FI0 16:01 910-346-1210 JOHN L PIERCE PAGE 03 Page 2 Harbor Pointe August 4, 2000 the platted lots. The total area of land disturbance was less than thirty-nine thousand 00,000) square feet. As ynta know, 1 am aware of the requirement for a sedimentation and erosion control plan approval in the event more than one acre of land will be disturbed. Had I known of the plan submitted by and approved for Mr. Bryant, I would have contacted your office to rescind the plan prior to undertaking the minimal land disturbing activities performed by Sunset Cove. Hopefuliv, this letter outlining the chronology of events and explanation of the actions taken will be sufficient to consider the plan approved for Mr. Bryant a moot issue since he no longer has any ownership interest in the land and the more extensive activities proposed therein will not be undertaken. il'yuu need any additional information or have any questions, please contact me, Sincerely. John L. Pierce JOHN L. P1ERCi? & ASSOCIATES, P.A. =1 08/04/2000 09:40 910-346-1210 JOHN L PIERCE PAGE 01 P.O. Box Itifib JackYl]nVIIIC, W-. ;M541 JOHN L. PIERCE & ASSOCIATES, P.A. LAND SURVEYING - LAND PLANNING - MAPPING OFFICE: 910.348-9800 FAX NO.: 910-346-1210 E-MAIL: Jplerce®onslowonilne.nal August 4, 2000 Mr, Dan Sams N.C. Department of Natural Recourses and Community Development N.C:, Department of Sedimentation & Erosion Control 127 North Cardinal Drive Wilmington, NC 28406 Re: Harbor Pointe Dear Mr_ Sams: -109 Johnson Slvd. Jacksonville, N.C. 28540 As discussed at the meeting on August 2, 2000 with you, Ms. Janet Paith and me, Sunset Cove Development, Inc. purchased eleven platted lots from Mr. Ronnie Bryant on March 10, 2000. The deeds to Sunset Cove was recorded in Deed Book 1563, Page 246 of the Pender County Registry. Prior to the purchase by Sunset Cove, I was informed by Mr. Charles Riggs, surveyor for Mr. Bryant, that no environmental permit would be required if the only land disturbing activity would be construction of the drive, as shown on the recorded plat, and a bulkhead for the lots since less than one acre would be disturbed. Mr. Riggs informed me that the only permit required for subdividing the approximately 2 acre tract of land was the utilities permit and any remaining permits required were in the possession of Mr.' E3ryant. I lowever, I was not informed,' nor was I aware, that a sedimentation and erosion control plan for a 5.3 acre tract, including the adjacent watercourse, has been applied for by Mr. Bryant and approved. I only became aware of the Letter of Approval issued by your agency of the sedimentation and erosion control plan submitted by Mr. Bryant at our meeting on August 2, 2000. Sunset Cove never had any intention of undertaking the more extensive land disturbing activities for which the plan applied for by Mr. Bryant had been approved. In fact, the only land disturbing activity performed was the construction of the drive in the access easement area shown on the recorded plat and, after receipt of a CAMA permit, installation of the bulkhead on behalf of individuals and entities who owned seven (7) of LOTS. I Al WLAND AND WOODLAND SURVEYING - SITE PLANNING - SUBO)VISION LAYOUT - LANE) DEVELOPMFN t PLANNING CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING Phase I Envlronmontal Audit 1 Rlsk Assessmem 910-346-1210 JOHN L PIERCE PAGE 02 Page 2 Harbor Pointe August 4, 2000 the platted lots. The total area of land. disturbancc was less than thirty-nine thousand (39,000) square feet. As you know, I am aware of the requirement for a sedimentation and erosion control plan approval an the event more than one acre -of land will be disturbed. Had I known of the plan submitted by and approved for Mr. Bryant, I wouid have contacted your office to rescind the plan prior to undertaking the minimal land disturbing activities performed by Sunset Cove. Hopefully, this letter outlining the chronology of events and explanation of the actioas taken will be sufficient to consider the plan -approved for Mr. Bryant a moot issue since he no longer has any ownership interesi in the land and the more extensive activities proposed therein will not be undertaken If you need any additional information or have any questions, please contact me. Sincerely, John L. Pierce JOHN L. PIERCE & ASSOCIATES; RA. J p/bb ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we canreturn the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: l 11-9 G. /c.ly-j use ✓ r:%�� , Nc: � �ysyo by C. B. Date of Delivery X ❑ Agent � © Addressee D. Is delivery address different from item 1? ❑ Yas If YES, enter delivery address below: ❑ No 3. Service Type 3- ertitied Mail ❑ Express Mail ❑ Registered Cl Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) Ott oo b j-- PS Form 3811. July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE gyp ~ i s?:Class.- Mil - PM Postage&,Fees,Paid 'ram -LISPS 9 Ltt — --- 'Permit•NI6 G-10— a �nl • Sender: Please print your name, address, and ZIP+4 in this box ' State of North Carolina DENR 127 Cardinal Drive Ext. Wiltnington, NC 28405 (Attn: Bev) 1 r11�l1111I1 Ei111�41111�1F11lilll 11�111i1I lilt #I 11 lilili�1111'I 'I, JOHN L. PIERCE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER = SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK-1 , PAGE f I , ETC.) (OTHER)i THAT THE BOUNDARIES NOT SURVEYED ARE CLEAR Y INDIGAT� AS DRAWN FRO�FO NRMATI❑N FOUND IN BOOK PAGE '' _111fiffffiTo T THE R410 OF PRECISION AS CALCULATED IS CA 771F,�1IS PLT WAS PREPARED IN ACC❑RDANCE WITH WITNESS MY ORIGINAL SIGNATURE, fti 9 9 SE4L THIS IT DAY I3F _,�U..� 206* -4EA4` OR SS� L-2596 2 SURVEYOR :? �° mac. S- -pile �� v�-.�SA,.f•(` `�� - LICENSURE NUMBER' �rdlliil,;i I II!11111W,1���� STATE OF NORTH CAROLINA COUNTY OF PENDER I, REVIEW OFFICER OF PENDER COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEET'S ALL STATUTORY REQUIREMENTS FOR RECORDING. REVIEW OFFICER DATE EAN HIGH WATER LINE VD LOCATION OF BULKHEAD •�': I$E�d'�/!9 ❑NSL❑W COUNTY %L' YAR P�f t THE COUNTY AND STATE AFORESAID, CERTIFY T-J❑tA'LA���R�E,% PR❑FESSIONAL LAND SURVEYOR, PERSONALLY HEEG❑ING41S DAY UMENT, AND ACKNOWLEDGED THE EXECUTION NF,SSj*tjBtoDZk FFICIAL STAMP OR SEAL, THISLDAY OF T4 I y/fi!!lIIIiW4--IN❑ ARY PUBLIC MY COMMISSION EXPIRES DECEMBER 28, 2003. CERTIFICATE OF OWNERSHIP AND DEDICATION. I HEREBY CERTIFY THAT I AM THE OWNER OF THE PROPERTY SHOWN AND DESCRIBED HEREON, WHICH IS LOCATED IN THE SUBDIVISION JURISDICTION OF SURF CITY, AND THAT I HEREBY ADOPT THIS PLAN OF SUBDIVISION WITH MY FREE CONSENT, ESTABLISHED MINIMUM BUILDING SETBACK LINES, AND DEDICATE ALL STREETS. ALLEYS, WALKS, PARKS AND OTHER SITES AND EASEMENTS TO PUBLIC OR PRIVATE USE AS NOTED, FURTHERMORE, I HEREBY DEDICATE ALL SANITARY SEWER, STORM SEWER AND WATER LINES TO SURF CITY. DATE OWNER(S) DATE OWNER(S) NORTH CAR❑LINA PENDER COUNTY THE FOREGOING CERTIFICATE OF BETTY BULLOCK, NOTARY PUBLIC, IS CERTIFIED TO BE CORRECT. THIS IN TRUMENT WAS PR SENTED FOR REGISTRATION AND RECORDED IN BOOK 3Z, PAGE SLIDE . 444/9 , THIS -aL DAY OF (_)UY? e 2000, T'9.'-Ja,O'CLOCK M%'� icE M. S'1fii CEG #%- / 1C�L OF DEEDS / " Depq� I, HEREBY CERTIFY THAT THE SUBDIVISION PLAT SHOWN HEREON HAS BEEN FOUND TO COMPLY WITH THE SUBDIVISION REGULATIONS FOR SURF CITY IN THAT LOTS 1-9C HAVE BEEN RECOMBINED AND THE DEDICATION OF THE COMMON AREA, AND CHANGE THE NAME OF THE FLAT FROM TOPSAIL LANDING TO HARBOR POINTS. THIS PLAT HAS VEEN APPROVED BY THE BUILDING INSPECTOR AND THE TOWN CLER OF SURF CITY. . / Az�� DATE BUILDING NSP C OR DATE CLERK C' a 1__,20' a1.�.L �'�0 CHANNEL OF TC Cz Lr3 ?31Q S �3b �p�0 r SS 4 3g • 'fir y�► P �" ,to 134, 59. 9 of N MARK IN CONIC. _ ,n - - - - 51.18 Vk C �p L 1 EIS N L14 4 MARK IN CONC. tN� 3 Cl!<00 r Qt1�woo m n N ■3 �to 2ory IR LOT 9C ti LOT 9B '� ^ # LOT 9A � � LO 7 LOT 6 NOW OR FORMERL\,An U 11,150 SO. FT. 10.555 SQ. FT. 8,986 SQ. FT. ^ 8,028 SQ. FT. ;n 8, 47 T. LEROY BATTSo o 0 D.B.675, PG.163►' m I 22 - � � � VX10' UIUTY EASEMENT (TYP.) _ 1 N � CONTROL z , LINE TABLE LINE LENGTH BEARING L1 15.27 S14'14'10"E L2 5.00 S14"52'48'E L3 12.87 S59'52'25'E L5 18.32 N33'04'01 `W L6 13.43 02'06'25' L7 56,96 S 443' 4'E LS 24.77 S24'43'34"E L9 32.19 S2443'34'E L10 30.67 S18'36'22'W L11 28.45 18-35- 2-W L12 2.22 S18'36'2 W L13 30.23 S13'09'58'E L14 4.03 S13'08'39'E L15 46.28 S31'45'2 'E L16 23.90 31-45'29'E 17 22.3$ 31'45' 9'E L18 13.91 S20'00'07'E 1 16.13 S23'19'45"E 13.36 SOO'54'09"W 7.33 N7657'41'W 3.92 N58'57'00"E 21.80 N31'00'00'W rain " - WT 10 wit[ I, JOHN L, PIERCE, PROFESSIONAL LAND SURVEYOR NO. 2596, CERTIFY To ONE OR MORE OF THE F❑LLOWING AS INDICATED, ❑ A. THAT THIS PLAT IS OF A SURVEY THAT CREATES A SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LANDJ ❑ B. T-IAT THIS PLAT IS OF A SURVEY THAT IS LOCATED IN SUCH P]RTI❑N OF A COUNTY OR MUNICIPALITY THAT IS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND1 C, AAY ONE OF THE FOLLOWINGi 1--THAT THIS PLAT IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET! 2-THAT THIS PLAT IS OF AN EXISTING BUILDING OR OTHER STRUCTURE, OR NATURAL FEATURE, SUCH AS A WATERC❑URSEI❑R 3-THAT THIS PLAT IS ❑F A C❑NTROL SURVEY. THAT THIS PLAT IS OF A SURVEY OF ANOTHER CATEGORY, S°JCH AS THE RECOMBINATION OF EXISTING PARCELS, A C7URT-ORDERED SURVEY ❑R OTHER EXCEPTION TO THE DEFINITION OF SUBDIVISION] ❑ E, THAT THE INFORMATI❑N AVAILABLE TO THIS SURVEYOR IS SUCH THAT I AM UNABLE TO MAKE A DETERMINATION TO THE BEST OF MY PR❑FESSIONAL ABILITY AS TO PROVISI❑NS CONTAINED IN (A) THROUGH (D1 ABOVE. JOHN L. PIERCV PRUEE"S 1�_ VEYOR NO. 2596 QUO PSA1L;`SOUND j _ SEAL _ MEAN HIGH WATER LINE SV `�` AND LOCATION OF BULKHEAD 29'30'19' E 169.56' S 37-25'19' 93.;5' L15 L7� Li 3 Ltb Liz (2a - 55.02 60.02 S -�-co 3.34' iv o 20' L. "' `� ` �, 2 d. n �i s s 9 ON T 3 3 3 n L 5 LOT 4 g 6,2 SO. 6,745 SO. FT, 0 o a 0 LOT 3 6,873 SQ. FT. Q 0 0 7,249 5Q. FT" g - LOT 1un L k [� 10,470 50. FT. � g • rn cra �c, � -k ems- °' M. 1!1 to 1n V) CORNER 62.65 56.65 56.65 56.65 82.68 1 55.00' 55.00' w N 31'00'00" W 709.64' 6. � 30' INGRESS do EGRESS & UTILITY EASEMENT a�D + z _L_ EIS = EXISTING IRON STAKE SIS - SET IRON STAKE ECM = EXISTING CONC. MON. SCM = SET CONC. MON. EIP - EXISTING IRON PIPE SETBACKS FRONT - 20' SIDE 7.5' REAR = 20' S 31*12'49" E 699.58' TRACT DATA TOTAL AREA = 2.14 ACRES 93109 SQ. FT. TOTAL LOTS = 11 MINIMUM LOT SIZE = 6,265 SO. FT. AVERAGE LOT SIZE 8,464 SQ. FT. OWNER/DEVELOPER SUNSET COVE DEVI P.O. BOx 2704 SURF CITY, N.C. 0 60.00' 60.00' 25.00' FD 79.39- L21 .EIS 50 [PX 100 R W T M OF BRIDGE OVER INTRACOASTAL WATERWAY NOTE: THE PURPOSE OF RECORDING THIS PLAT WAS TO ESTABLISH THE ACTUAL LOCATION OF THE BULKHEAD ALONG TOPSAIL SOUND AND MODIFY THE DEMENSION OF LOT 9C do COMMON AREA. T. INC. RECOMBINATION PLAT SHOWING HARBOR POINTE (REVISED) TOPSAIL TOWNSHIP, PENDER COUNTY, NC PREPARED BY JOHN L. PIERCE & ASSOCIATES, P.A. 409 JOHNSON BLVD. JACKSONVILLE, NC 28540 PHONE: 910-346-9800 -DATE: JUNE 14, 2000 SCALE: 1 "= 50' F.B. , PG. JOB # FILE NAME: HARBORPOINTE GRAPHIC SCALE 50 0 25 50 100 200 ( IN FEET ) 1 inch = 60 it REF; M.B.33, PG.39, SL. 447 .�•�_-�J�iS� L.iti.-ice---rl•t_,L �a•L'•i... _Z `r 1�-.1"A1 -3•, tl�l.�'�.4L - Eu E ND F,� — Exi Tr i� IRON :. AEE T !RON ;TAKE EC4, = EXTTSTING CCNC MON. SC = SET CONC. MON. -E- = ELECTRIC PO' ER LINE PP = POWER PGLE MH = MANHOLE TR TELEPHONE BOJX 3`w = GIIY li IRE 'v/V = WATF_P VALVE CO = FL FAN O T Fia = FIRE HYDRANT �— = SANITAP Y' SEWEP CLE Lfi,). T i.P. = LIGHT FILE Li= PP, F(�SEC B:' Ps TENT aN AREA. 1•�f'TE_ APE Tf- BE Ek �'€ E r✓ L -L WiTER _ER-'v _�S AFF *.l B9_ NI-,% r'r �7.PME^L Y BC TTc M CONTOUPS FR PM DRAWING TITLED WATER � SEWER PLAN - TOPSAIL LANDING BY CA T LIN ENGINEERS AND SCIENTI-T DATED MAY 19, 1999. ^j SOC/��,., E S \ <.4`� ;t1;=!N;Tti FiaP - 'dGT TC S ALE r; * fNa ; DE EkiSTi'dG \.! `a BULKHEAD �' f 4 r. - CGMI�Ohr VARK lid_ 7. CC+ !' $ r �KARt OR PC;NTE REVISL 1 - j � M.cJ. .]J. P �3. JL.44.4- IL,1l 1 fi-J r jj z0 L - 17 `1 } CD F. ELE`I_.QO' 17.0 LOT 3 LOT 4 T �'n L`L� ' �(- � ;IEGETA.:FD INFiLT�AT'c-,ti fiA;:N 4 1 LOT 5 1, r, A.t LOT i ef1 17 ! I - L. P. -R in L P SEQ A HAt 73 !' . ,1 S' C 1V =i'' s0 4* D EX15 a->4AN. ,� T j. �Pul- Er- E E ` r = �f- PP, E FiI v� _ r 1 DrAN "r. �f ft N Pei. - - - - -.� 4 �!DGE OF ExiSTIN�; A =HALT TRACT DATA - Z B` TOTAL AREA - Call ACRES 17 $16. ,6 S.. FT. �; . y H 9�iY. �' 0 8c 5y :� �.Lill 6 TOTAL LOTS =v — I N 3I'fiI'I. 6r 69E+25' , av MINIMiJM LOT SIZE 1,855 Gr. FT. ' f AVERAGE L:�T SIZE _ ?."6'3.17 5... FT. fi `.' S 1 V� R7 W ?4 ZONED = = �? F n:!OGE OVER fNTI=ACOASTAL wATEPwA'r SETRAC k5 PRELIM NripY MARINA LAYOUT Q_ - iCF,q'.brATER 4LA V SHOWING SIDE =7 5' 1 1 PROPERTYOF PEAR = 20' roWN CIF SURF C'IT•,s �C1' ('��AST:.L' r ,!i_F._ iy;< R'_L�`•i 4� INE TABLE - --- P P - EXISTING 6" WATER LIME HARBOR LANDING--- . L !vE LcN;::rH EEAP N , F Tr7PSA,IL TOWNSHIP, PENDEP C.-I UN T f, N,� L1 16.11 S 3'49'14' YV ! P.P. - PREPARED E!'� JOHN L. PIERCE & ASSOCIATES, P. A. TH C i' 10 CERTIFY THAT THIS MAP WA- PREPARED FROM — AN ACTUAL SURVEY BY ME OR UNDER MY DIRECT SUPEP'v'ISION. 409 OHNSON BLVD. JACKS(DNVILLE, NC 28540' AND THAT THE ERROP Or C CURE AS CALCULATED BY LATS. & PHONE: 910-346-9800 :'ATE: JUKE 23, 2000 N'i*E. TP;S PReFE4Tr t; :N THE 10'0— EAR F'�-ENSCALE: 1'= .30' F.B. 479, PG. 55--56 AS PER FEMA ASAP 'ti,l8G-viJi�FE, DATED ,fANt�aR'i' JU-3 20-8-8 FILE NAME: HAGI;I-ISH WIT�IES, hff HFrtiil s3 SEA;- HIS LAY OF #' 1kE PROPEPT`� IS IN ZONE ')E. ?-iE BOBBY SAIRD 1°+Cs-YEAP *LO?D LE':EL IS (!1) FEET agO,r f2v2 FAIT: UROIND RCIA O THE M.glry 'SEA LEVEL A(C CPRDING T) THE U. , D"- NN, N.0 GRAPHIC SCALE CORPS OF EN--__lNEEPS- !OHN L. FIEF:CE, P L.5. L- 596 30 0 15 30 w tsv. PRup 4=- B 6�5. P 163 PEA&CrNS- 9127ADO PER ,_AMA CJ-ViVENTS 10; 16j00 FEP 5TORMWAtER ( IN FEET 1 I inch = 30 ft_ SHEET 1 OF 1 LEGEND EXISTING IR❑N STAKE EIS = SIS = SET IRON STAKE ECM = EXISTING CONC. M❑N. SCM = SET CONC. M❑N. -E- = ELECTRIC POWER LINE PP = POWER POLE MH = MANHOLE TB = TELEPHONE BOX GW = GUY WIRE SIR - SERVICE PDLE WV = WATER VALVE CO = CLEAN OUT FH = FIRE HYDRANT .1&_ = SANITARY SEWER CLEANOUT L.P. = LIGHT POLE ® = PROPOSED BIORETENTION AREA NOTE: SEWER SERVICES ARE TO BE 4" SERVICES PROVIDED BY TOWN OF SURF CITY. WATER SERVICES ARE TO BE 3/4" , PROVIDED BY TOWN OF SURF CITY. TRACT DATA: t \ NOTE: BOTTOM CONTOURS FROM DRAWING TITLED WATER & SEWER PLAN - TOPSAIL LANDING BY CATLIN ENGINEERS AND SCIENTIST DATED MAY 19, 1999. 1.12' leo I 4 \ \8l 61 +3.42 HT 6011 M ON 59 L. P. 3�40 0 06 --��` ZONE VE(11) InVEGETATED"btu 4 jj w j1OS*R�AD�R 6 :3 1� I ( 58 1 ,01 { 17 0' 3.83 z 17.0, D 17.0' Zoo 56 iv 0 o .F. EL �00 LOT 1 L L (ri a> � NOW OR FORMERLY w LOT 3 JAMES BULLARD \ 'j' _ w LOT 4 1 .0'0 0 17.0 i- � CC) u� �\J 53 o P.P. 7-77 E 31 RAVEL F TOTAL AREA = 0.41 ACRES 17,816.56 SQ. FT. TOTAL LOTS = 6 MINIMUM LOT SIZE = 1,855.72 SQ. FT. AVERAGE LOT SIZE = 2,969.17 SO. FT. ZONED = C2 SETBACKS FRONT = 20' SIDE =7.5' REAR = 20' (TOWN OF SURF CITY) 30' (COASTAL SHORELINE RULES) LINE TABLE LINE LENGTH L1 16.11 BEARING 1 S32'48'14"W NOTE: THIS PROPERTY IS IN THE 100-YEAR FLOOD PLAIN AS PER FEMA MAP 370186-0005E, DATED JANUARY 22, 1998. THE PROPERTY IS IN ZONE VE, THE 100-YEAR FLOOD LEVEL IS (11) FEET ABOVE THE MAIN SEA LEVEL ACCORDING TO THE U.S. CORPS OF ENGINEERS. 5 . —� N \PROP.P .8 .12 SIGN CN NEC Op op SO\ a NIlk 1_5 EXISTING BULKHEAD f i 7 j BULKHEAD � 0 1G r MARK .IN 7.70 JC C EAW%RBOR POINTE REVISED! fA \ M.B.33, P.65, SL.449 ' 5 P,WALL om74 0 1p 74 2. � 61 5 00'� 0 ' ao LD -6 VICINITY MAP - NOT TO SCALE VEGETATED INFILTRATION BASIN w scuE . �1: oar LOT 9C p 00 w LOT 5 4 a o Cs0 q LOT 6 ' 001 cl) LL 22 143' V) 3. 97 7.' 1 as� 7.0P. LP VEGETATED SWALE 00 No WALE O O .71 3.71 103 -&— , I 0 .7s EIS EXgST. M.H. -�44 4bS2 uvr , " . ..4 vim.• w P - E F.H. E EP E J04 _ DIAN 6 _ 15 E 60 H E N 9 W.V. 51 V DGE OF EXISTING A f PHALT S - -5J ~ —• g7 — r 40 BC BBC z 39C 8� 6 ER ER 33 _ N.C. H$VY. 210 & 50 ER 35 R N 31001'17' W 698,25' E.P K. 26CLR w 25 1H' R/W 24 ER ER ER 23 BR GE OVER INTRACOASTAL WATERWAY ER F 47 P.P. _ Pp E E 2110EXISTING 6" WATER LINE P.P. PP THIS IS TO CERTIFY THAT HIS MAP WAS PREPARED FROM AN ACTUAL SURVEY BY ME OR UNDER MY DIRECT SUPERVISI❑N, AND THAT THE ERROR OF CLOSURE AS CALCULATED BY LATS, & DEPS. IS 1: WITNESS MY HAND & SEAL THIS DAY OF , 20 J❑HN L. PIERCE, P.L.S. L OWNER/DEVELOPER BOBBY BAIRD 1202 FAIR GROUND ROAD DUNN, N.C. 28334 30 DECEIyE� OCT 1y2WO PRpj 0 ©1NQ PRELIMINARY MARINA LAYOUT & STORMWATER PLAN SHOWING PROPERTY OF HARBOR LANDING TOPSAIL TOWNSHIP, PENDER COUNTY, INC PREPARED BY JOHN L. PIERCE & ASSOCIATES, P.A. 409 JOHNSON BLVD. JACKSONVILLE, NC 28540 PHONE: 910-346-9800 DATE: JUNE 23, 2000 SCALE: 1 "= 30' F.B. 479, PG. 55-56 JOB #205878 FILE NAME: HARBFISH GRAPHIC SCALE 15 30 60 120 REF: D.B.675, P.163 REVISIONS: 9/27/00 PER CAMA COMMENTS ( IN FEET ) 1 inch = 30 ft. SHEET 1 OF 1