SW8920516_Historical File_19970404

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Hnwes, Secretary
A. Preston Howard, Jr., P.E., Director
April 4, 1997
Hurst Harbour Homeowner's Association
c/o Ms. Diane Vanek, Treasurer
108 John L. Hurst Drive
Swansboro, NC 28584
�EHNF�
Subject: Permit No. SW8 920516 Modification
Homeowner's Park
Low Density Stormwater Project
Onslow County
Dear Ms. Vanek:
The Wilmington Regional Office received the Stormwater Management Permit Application for Homeowner's
Park on February 20, 1997, with final information on March 31, 1997. 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 920516 Modification dated April 4, 1997,
for the relocation of the road and the construction of a brick fence in the Homeowner's Park.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and
limitations as specified therein, and does not supercede any other agency permit that may be required.
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 either Linda
Lewis or me at [phone].
Sincerely,
iZ \" G l4- S C--� � u C-t-
Rick Shiver, P.G.
Regional Water Quality Supervisor
RSS/arl: SAWQSISTORMWATi1PERMM920516.APR
cc: Sharon Smith Jennings, Onslow County Inspections
Wilmington Regional Office
Central Files
Linda Le-wip
DCM-
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

State stormwater Management systems
Permit 1Q--SWflM'51AMndGfigatirn
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
LOW 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
PERNIISSION IS HEREBY GRANTED TO
c% Ms. Diane Vanek, Treasurer
Homeowner's Park
Onslow County
FOR THE
construction, operation and maintenance of a 25 % low density development 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 for Homeowner's Park.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following
specific conditions and limitations:
I. DESIGN STANDARDS
1. The total allowable built -upon area for the tract is 6,900 square feet. This permit covers the construction
of 4,696 square feet of built -upon area.
2. The overall tract built -upon area percentage for the project must be maintained at 25 %, as required by
Section 1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by reference and
are enforceable parts of the permit.
4. No parking (grassed or paved) is provided with this permit. Only an access road and turnaround are
approved under this permit.
2

State stormwater Management system,
PA -It 'Ick-S-W892051fiMadifiesewn
4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum
side slopes of 3:1 (H: V) or curb outlet systems as defined in the stormwater rules and approved by the
Division.
5. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
6. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all
impervious areas and surface waters.
7. The tract will be limited to the amount of built -upon area indicated in the approved plans.
8. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area.
9. The Engineer/Owner/Developer/Permittee must certify in writing that the project's stormwater controls,
and impervious surfaces have been constructed within substantial intent of the approved plans and
specifications. Any deviation from the approved plans must be noted on the Certification.
10. 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.
11. Projects within CAMA's Area of Environmental Concern (AEC) are subject to a reduction of the
Permitted amount of built -upon area due to CAMA jurisdiction within the AEC.
12. The following items will require a modification to the permit. Revised plans, specifications and
calculations must be permitted prior to the permittee beginning construction on the modification:
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 of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved plan.
In addition, the Director may determine that other revisions to the project should require a modification
to the permit.
3

state Stormwater Management Systems
Permit Nn S\!�? 97nSt (� ARndifir lion
H. SCHEDULE OF COMPLIANCE
1. The permittee shall comply with the following schedule for construction and maintenance of the Low
Density Option stormwater systems:
a. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, ar_td. be
operational for their intended use prior to the construction of any built -upon surface except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or
other vegetated conveyances will be repaired immediately.
2. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted
stormwater management systems at optimum efficiency to include:
a. Inspections
b Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
3. The permittee shall submit recorded deed restrictions limiting built -upon area within 30 days of the date
of recording.
4. The permittee shall submit the Engineer/Owner/Designer/Permittee Certification within 30 days of
completion of the project.
5. The permittee shall submit all information requested by the Director or his representative within the time
frame specified in the written information request.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
an enforcement action by the Division of Water Quality, in accordance with North Carolina General
Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. 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.
4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North
Carolina General Statute 143-215.1 et. al.
4

State Stormwater Management Systems
Permit Nn SW8 9nfKib Mndifi •fine
5. The permit is not transferable to any person except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary. A formal permit request must be submitted
to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties
involved, and other supporting materials as may be appropriate. The approval of this request will be
considered on its merits, and may or may not be approved.
6. The permittee grants permission to DEHNR Staff to enter the property for the purpose of inspecting all
components of the stormwater management facility.
7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,
Hiles, regulations, or ordinances which may be imposed by other government agencies (local, state and
federal) which have jurisdiction.
Permit issued this the 4th day of April, 1997.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMNIISSION
----- —S —�-� C _ \''_ --------------------
C= O t-D,— A. Preston Howard, Jr., P.E. , Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 920516 Modification
5

DIVISION OF WATER QUALITY
NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION
I. GENERAL INFORMATION
(Please print clearly or type)
1. Project Name ," S T -
2. Location, directions to project (include County, Address, State Road) Attach map.
T7MA) L - /``d g sT Dig lVc� !-f w a uc s 6&-N cH XoAo , !Se-7AT _ ZA ��~
/4 VXR T /fi4 ox f iCtx c,Z's �SnE,
3. Owner's Name DXF)R c--k Phone
4. Owner's Mailing Address /SST I-Z)f4"J L dug sr br,
City; t4r� Gn R3 State_1LL_ZiP- 21 �
5. Nearest Receiving Stream :9e,6 a-erA L Uq ,r tj,4u Class
6. Project description it ftX ,/,s 1 ��t KewnfAAICE WALL A%&(A c ��;
II. PERMIT INFORMATION
1. Permit No. (To be filled in by DWQ) 5W E 9 2 0 5 / Cp
2. Application Date 1M A,2 GN "t^ i 4 q 1 Fee enclosed $ 4 2aS, 00
3. Permit Type: - v4 New Renewal_CX Modification (existing Permit No.) S&JF 9'20 52;
4. Project Type ✓ Lo�Density Detention Infiltration Redevelop
5. Other State/Federal Permits/Approvals Required (check appropriate blanks)
CAMA Major,
General Alter Offshe
Sedimentation/Erosion Control 404 Permit
III. BUILT UPON AREA (Please see NGic 2H.loo5 thru .1007for applicable density limits)
Classification
Existing Built -upon Area
Proposed Built -upon Area
Total Project Area
Drainage Drainage
Basin Basin
os-6 5, Ft,
7 331 5q -Ft
Built -upon Area
IV. STORMWATER TREATMENT (Describe how the runoff will be treated)
(Loco Oel? 5iA
Breakdown of iminerya Area
(Please indicate below the design impervious area)
Buildings It�
Streets a75 I Z SQL},
Parking/SW
,2ok yo c un c rere E►,rKA�+ci� SAD $DB �F
Other box i' K(cic. Ic- 61"�f,
l6�x i6' 7_040 APzu v� 2s-6 sq .Ft,
MAR 21 1997 I�

V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Deed restrictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior the sale of any lot. Please see Attachment A for the specific items that must be recorded for the
type of project applied for.
VI.
VII.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the items required by the permit, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without
concurrence from the State, and that they will be recorded prior to the sale of any lot.
OWNER'S CERTIFICATION
4;A a r
I' Pt!�X12 v? ii 2 V2�e�c. certify that the information included on this permit
(Please print clearly or type)
application form is correct, that the project will be constructed in conformance with the approved plans, that
the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge,
the proposed project complies with the requirements of 15A NCAC 2H.1000.
I authorize the below named person or firm to submit stormwater plans on my behalf.
N _ ,
Authorized Agent Signature and Title
Date
AGENT AUTHORIZATION (Please fill in the name of the engineer/surveyor authorized to submit plops on the owner's behalf.)
Person or firm name
Mailing Address
City.
State Zip Phone
Please submit application, fee, plans and calculations to the appropriate Regional Office_
cc: Applicant/WiRO//Central Files
TO`�WATE
E C E 1 V E
D
MAR
211997
PROJ # E b"/ &

LOW DENSITY AND ALL SUBDIVISION PROJECTS
GENERA►. SUBMITTAL REQUIREMENTS
A completed stormwater permit application.
2. Two sets of plans showing north arrow, scale, revision date, property/project boundaries, lot lines,
proposed and existing contours, drainage areas, mean high water line, wetlands, easements, the 30'
minimum vegetated buffer between impervious areas and surface waters, proposed impervious areas,
and road cross -sections.
3. Calculations of the built -upon area, For subdivisions, please show the methodology for arriving at the
per lot built -upon area. For non -subdivision projects, please break down the calculation into buildings,
roads, parking, and other (include all impervious areas).
4. Low density projects with curb outlet systems will require:
a. Drainage area delineation and swale locations shown on the plans.
b. Detail of the swale, showing minimum 5:1 side slope.
C. Velocity calculations, indicating a non -erosive flow for the 10 yr storm.
d. Inlet and outlet elevations. Maximum longitudinal slope is 5%.
e. The type of vegetated cover specified on the plans.
f. A flow spreader mechanism located at the swale entrance.
g. A signed Operation and Maintenance Plan.
DEED RESTRICTION REQUIREMENTS
The following statements must be included for all low density projects, and for all subdivisions:
a more than J 0 9no square feet of any lot, including that portion of the right-of-way between the edge of
pavement and the front lot line, shall be covered by impervious structures, including asphalt, gravel, concrete, brick,
stone, slate or similar material, not including wood decking or the water surface of swimming pools. This covenant
is intended to ensure continued compliance with the stormwater pernut issued by the State of North Carolina. The
covenant may not be changed or deleted .without the consent of the State.
No one may fill in or pipe any roadside or lot -line Swale, except as necessary to provide a minimum driveway
crossing.
For curb outlet system projects, no one may pipe, fill in, or alter any lot line Swale used to meet North Carolina
Stormwater Management Permit requirements.
NOTE If lot sizes vary significantly, the owner/developer must provide an attachment listing each lot number, size,
and the allowable built -upon area for each lot.

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes
Governor Water Quality Section Secretary
March 14, 1997
Dr. Richard Vanek, DDS
200 Doctors Drive, Suite G
Jacksonville, NC 28546
Subject: Stormwater Submittal for
Hurst Harbour Homeowner's Park
Stormwater Project No. 920516
Onslow County
Dear Dr. Vanek:
Please accept my apologies for any inconvenience this "little" project has caused you or the Hurst
Harbour HOA members. Please understand that it is my job to review stormwater permit applications and
activities for compliance with the stormwater rules. It is not to purposefully give anyone a hard time. In your
January 28, 1997, letter to Charles Piggott, you asked him if approvals from other State agencies may be
needed for the project, and I simply responded to that sincere request for assistance. I realize that the level
bureaucracy necessary for this project may seem unnecessary to you, but everyone who proposes
development in any of the 20 coastal counties must meet these regulations. You are not being singled out
in any way. This Office is staffed with 2 people to administer the State Stormwater program in seven
counties, including 3 of the fastest growing counties, Onslow, Brunswick and New Hanover. Our workload
has increased several fold in the last 3 years, but our goal of quick turnaround is still realized. Most projects
are permitted within 60 days of receipt.
After a preliminary review of your proposed project, I have determined that a revision to the
previously issued Certification of Compliance will be necessary due to the relocation of the road and the
addition of the brick wall. The previous Certification allowed 6,900 square feet of impervious area for the
lot, however, only 4,056 square feet was proposed. The faxed copy of the map did not fax very clear,
especially the numbers. Please send 2 copies by mail, along with the completed permit application and an
application fee of $225.00. Upon receipt of the items, a review will be made and if warranted, a permit will
be issued. Please bear in mind that CAMA regulations may reduce the 6,900 square feet allowed by DWQ.
Enclosed is a copy of NCAC 2H.1000, the stormwater rules, and the permit application.
127 Cardinal Drive Extension, Wilmington, N.C. 29405-3845 a 'telephone [phone] a Fax [phone]o04
An Equal Opportunity Affirmative Action Employer

Dr. Vanek
March 14, 1997
Stormwater Project No. SW8 920516
--------------------------------------------
Thank you for your patience during this process. If you have any other questions, please do not
hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\LETTERS\920516.MAR
cc: Charles Piggott, DCM, Morehead
Sharon Smith Jennings, Onslow County Inspections
Linda Lewis
Central Files

FROM : Will'is, Vanek & Ball, P.A. PHONE NO. : 919 353 5234
P01
WILLIS, VANER, BALL & FX8CHERi P.R.
200 D0052ORS DRIVE. SUITE G
JACKSONVILLE, NC 26546
[phone]
Dates March 13, 1997
TROM: Richard J. Vanek, Sr.
TO: state of NC Department of Environment, Health,
and Natural Resources
ATTNs Linda Lewis, Environmental Engineer
FACSIMILE #: 910-350-2004
Enclosed: .7 pages including this page
"PLEASE CHECK TRANSMITTAL AFTER THE ZAST PAGE. IF YOU HAVE
AW PROBLEMS WITH TM TRANO lISSION, PLEASE CALL CS BACK
IMMEDIATELY AT [phone].

FROM : Willis,
Vanek & Ball, P.A. PHONE NO. : 919 353 5234
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FROM : Willis, Vanek & Ball, P.A. PHONE NO. : 919 353 5234 P01
WILLIS, YMEAr BALL i FZSCHER, P.A.
200 DOCTORS DRIVE, SUITE G
,3ACK90NV3:F. , NC 28545
[phone]
Date: March 13, 1997
"OM3 Richard J. Vanekf Or,
70i State of NC Department of Environmental, Health and
Natural Resources
ATTN: Linda Lewis, Environmental Engineer
FACSIMILE 1 ! 910-350-2004
Ennlnsede 2 PA909 including this page
"PLEABE CHECK TRANSMITTAL AFTER T88 LAST PAGE. IF YOU RAVE
A= PROBLEMH WITH THE TRANSMISSION,. PLEASE CALL US BACK
INN21)ZATELY AT [phone].

FROM : Willis, Vanek & Ball, P.A. PHONE NO. : 919 353 5234 P02
Members
q AsAaftn of
W. A6z W L D.DS.. M.Sc.0. fbiwd
L V.A, D D.&, M&a �on.ouan
R.�aC. tea. Jr., PA &, M,& S aa"'.�'� M
tMW,6 fide.., D.fIA,D Ma
March 13, 1997
Willis, Vanek, Ball 0 F acher, P.A.
Adolescent and Adult Orthodontics
Treatment of TMp
Departmant of Environment, Health, and Natural Rawouraos
Attn: Linda Lewin, Environmental Engineer
127 Cardinal Drive Extension
Wilmington, NC 28405
Dear Linda,
I apologize for my clumsiness in presenting this proposal to
you. I have measured the structures as we discussed and
Placed them to goal* an the ancleced diagram. I hope thin
meets with your approval so that you can determine whether or
not we meet the impervious area criteria. i calculated it to
be approximately 17% of the total area of the park land which
In well under the 29t limit.
I would really appreciate it it you could call me today if
pasaibla at 910-353-5234 and lot me know if the drawing is
adequate for your determination and then hopefully your
determination will be in the positive for ua.
Thank you for your consideration in this manner and if there
is any rather information that you need from me do not
hesitate to contact me.
Sincerely,
f
Ril h d a. Vanek, Sr.
For Burst Harbor Homeowners Association
JACKSONVILLE DOCTORS PARK, 200 DOCTORS DRIVE SURE o 11 MEDICAL PARK
JLCIeRe MVIILF, N.C. 499d¢ MOOLdWADCITV, nl.e. 4855V
19111 353-322A 10191 M1127

Hurst Harbor
E C E I V E
MAR 211997
D E M
PROJ #
STORMWATER
ATLANTIC INTERCOASTAL WATERWAY

State of North Carolina.
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes
Governor Water Quality Section
Secretary
February 20, 1997
Dr. Rick Vanek, D.D.S.
108 John Hurst Drive
Swansboro, NC 28584
Subject: Piping at Homeowner's Park
Hurst Harbour
Stormwater Project No. 920516
Onslow County
Dear Dr. Vanek:
The Wilmington Regional Office received a copy of your January 28, 1997 letter to the Division of
Coastal Management concering your request to pipe 50' of the open ditch along the southwest property line
of the Hurst Harbour Homeowner's Park. Piping within low density subdivisions is generally not allowed
except that minimum amount needed to get under an impervious surface. The existing pipe seems to
accomplish this just fine. Additionally, this Office does not consider aesthetics to be an acceptable reason
for piping runoff, especially so close to SA waters. A site visit was conducted on February 19, 1997. It
appears that a new fence placed along the property line is the main cause of this request to pipe the ditch.
It also appears that an easement was not recorded for this ditch over the lot adjoining the Park.
This Office makes the following recommendations:
1. Make a dilligent effort to stabilize and regrade the existing ditch. If that means moving it
more onto the Park property to provide the 3:1 slopes, as per the 1992 approved plans, then
so be it.
2. Prohibit parking and turnaround movements on the grassed areas adjacent to the ditch. The
approved plans only show 4,056 sf of impervious area, including a turnaround at the end of
the 13' wide gravel road. Any additional areas of gravel or traffic movement/parking must
be approved through this Office. Preventing traffic movement onto an area can be
accomplished by the use of pipe bollards and chainlrope, signage, strategic landscape tree
placement, etc. This will keep the slopes from caving in due to the weight of a wayward
vehicle and boat trailer.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Dr, Vanek
February 20, 1997
Stormwater Project No. SWS 920516
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\LETTERS\920516.FEB
cc: Charles Piggott, DCM, Morehead
Sharon Smith Jennings, Onslow County Inspections
Linda Lewis

FEB-19-1997 09:10 FROM DCM MOREHEAD 919 247 3330 TO 19103502004 P.01
Members
'atiaee of
Willis, V'anek, EWl W Fischer, P.A.
-ML Adolescent and Adult Orthodontics
Treatment of TMD
W
RW%A I VwA DJD S- JAS,_O.
Royro C hall,*Jr:, CL". Ai Ea"' I
f
Todd A. Fvdw, DAD., M5.
rfiJAN3 $ 7
January 28, 1997
Djviion of Coastal Management
Hes:tx*n plaza #2.
151 *_. Y,,.4 ...
Xor*ead City, NC 22557
Dean Mr, Charles. Pigat a
Post -it" Fax Note 7671
D�ht
D�ag°fes�
To � � � G f'-..I !.v ! �
From �• y � `- `
Co./DBPL
Co.
Phone it
Phone*
Fax N
fax a
Thiss,, letter is a follow up to my phone conversation with you
Tueslday morning. Mr.. Eddie Belk. from Hurst Harbor explained
that he talked to you hbout a minor extension of pipe, of the
sampi diameter, on our property at the Hurst Harbor Homeowners
Park in Swanaboro. He recommendod that I send you a note
with our intentions.
This change is on private property with no marsh nor wet
lands Anvolveil. The adjacent land owner has given his
approval. The open end of the pipe will be 227 feet from the
maanl high water lina.
Do we need approval from your office or another state agency
to initiate this small project.
we sincerely appreciate any advice you can give us in this
matter. I am available to meet and/or discuss this with you.
Home pone:. (910) 3-2.6--1,624 Office: (910.) 3.53-5234 '
icl iianek
108 ;John Hurst
Swariaboro•, NC
Enciasures: 2 '
Drive
28584
Drawings of proposed change.
JACKSONVILLE DOCTORS PARK, 200 DOCTORS DRIVE SUITE G 11 MEDICAL PARK
JACKSONVILLE, N.C. 3$5a6 MOREHEAD CITY, N.C, 26557
W101 353-5234 IM) >26-1137

FEB-19-1997 09:11 FROM DCM MOREHEAD 90 247 3330 TO 19103502004 P.02
Hurst Harbor
.4-
3 0.
2.5
27 2
24
ATLANTIC INTERCOASTAL WATERWAY

FEB-19-1997 09:11 FROM DCM MOREFEAD 919 247 3330 1-0 19103502004 P.03
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TO:
...... ....«.....................::1:::::::: :
M02knDug17Ls���77from ihlayne R a� an
LAND,;CAPE ARCHITECT PROFESSIONAL SOIL SCIENTIST ENVIRONMENTAL
........«....................................
Dave Adkins
COMPRNY: DEM
FROM:
ASLA, CPSS, REHS
HEALTB SPECIALIST
RECEIVE
MAR 3 1993
SUBJECT: CMT 03-93 & CAMA Permit 133-92 Wilmington REMonal Officer
DATE: Feb 26, 1993 NUMBER OF PAGES: 1
message
Dear Mr Adkins
Though I do not know if it is the case, it appears that you were not fully informed in regards to the facts and
and specific intent of one of Mr Parker's objections to the the above LAMA permit Its that the
consideration of most the objections as frivolous has, perhaps unconsciously biased the problem definition
provided to You and resulted in an incomplete analysis andincorrect conclusion. This incomplete analysis
is now being complicated by further misinterpretatitmis of your analysis in the statements made by the Attorney
Generals Office. In an attempt to obtain an amicable resolution prior to any damages to Mr Parker, I am
requesting your review of the attached report to Mr Parker and a more complete analysis be provided to
DCM and the Attomey Generals Office. Please feel free to call if you have any questions or if you desire
additional infonnation. Thank you.
..... _.,,e... .. .....,. 5.....a........«,:l.7..,.......:7f ...:::fi...7. .. f! , a«.......7:7i377... y :e a .,.........
919-347-9836
120 Balsam Road, Jacksonullle 28546

WA7?43 IRA(DIAMID ASLA,CPSS,REHS
LANDSCAPE .ARCHYIECT
PROFESSIONAL SOIL SCIENTIST
Feb 25, 1993 ENVIRONMENFAL HEALTH SPECIALIST
MR LL PARKER
BOX 1568
SWANSBORO NC 28584
Dear Don
RE: Request For Contested Case, Major CAMA Permit 133-92
As you requested, I reviewed the documentation you provided on February 20, 1993 for the above
referenced case. Though you did not request a formal response, the misconceptions and errors
apparent in portions of this material demands a response in the attempt to clarify the facts necessary
for a reasonable and rational resolution of this conflict. As I discussed with you on prior occasions,
your concerns relative to the length of the proposed pier, the evolution of future uses on the adjacent
parcel, and similar objections are not generally subject to scientific analysis and must be decided
based upon interpretations of the specific regulations which is more appropriately addressed by legal
council.
The failure of the permit to address your concerns regarding the rock check dam is another matter. An
incorrect design, placement, or maintenance of the rock check dam is a direct threat to your continued
use and enjoyment of your property. This structure can directly and adversely impact the adequate
performance of your onsite sewage treatment and disposal system. This of course threatens the
continued validity of your improvements permit which is mandatory for the continued legal occupancy
of your residence. Since a malfunctioning "septic system" in this geographic setting is a significant
threat to water quality and protection of water quality standards is specifically addressed in T 15A:
07H .0208 (a) (2) (C), it should be addressed as a mandatory condition to the above permit.
CMT 03-93 ITEM OBSERVATIONS AND RESPONSES
Item 11. 5.: This item incorrectly states that you claimed a soil scientist recommendation to maintain
the top of the rock check dam at least 6' below the access road culvert to your lot. Your letter clearly
states that quantity as 6". Since I am the soil scientist that made that recommendation, I can confirm
unconditionally that the 6" quantity is the absolute minimum needed to maintain a free flow outfall for
the sock tile interceptor mandated by your improvements permit and is absolutely necessary to assure
control of a perched transient water table that could cause your nitrification field to become seasonally
anaerobic and ineffective. It was and is simple to confirm this requirement by contacting the Onslow
County Health Department.
Item II. 6.: If this statement is taken literally, it is not only incorrect but so absurd as to be completely
unbelievable. The only way I can conceive that Dave Adkins made such a statement is if he was
completely misinformed of the factual circumstances. One does not have to be an engineer,
landscape architect, soil scientist, or in fact have any technical training to understand that a dam
placed downstream at an elevation higher than an upstream structure will result in the inundation of
that structure.
919 347 9036
120BALSAM ROAD, JACKSONVIL LE, N.C. 28546 1 of 4

Nk'THIZ I" Z"HM ASLA,CPSS,J9EHS
Feb 25, 1993
LANDSCAPE ARCH1TWT
PROFESSIONAL SOIL SCIENTIST
ENVIRONMWrAL HEALTH SPECIALIST
Since the sock tile soil drainage outfall is located near the access road culvert outlet and has it's invert
below that of the access road culvert, the waters that could be backed up by a dam placed at too high
an elevation could not only force water upslope into the sock tile system (a reverse of the installation
design function) but virtually guarantees the accelerated sedimentation clogging and failure of the
sock tile outlet. The whole purpose of a rock check dam is to accelerate sediment entrapment
upstream to protect downstream water facilities and quality. This type of structure has been proven
very effective for this purpose and is recommended by the state agency responsible for enforcing the
sediment control regulations. The rock check dam will not cease being effective simply because Mr.
Adkins was not fully informed of the site specific circumstances.
Even if a sediment control structure is needed in the shown location, the effectiveness would not be
significantly compromised if the top of the dam is placed below the average water flow energy
gradient that extends from the access culvert outlet invert to the mean high water line of the AIWW.
The whole intent of the rock check dam objection was to obtain permit conditions that minimize the
threat to continued functioning of your septic system since no elevation was specified on the
submitted plans and no portion of the submitted documentation addressed this very important
problem. In addition, the energy gradient for this drainage ditch has been significantly reduced by
increasing the ditch reach, the placement of an additional culvert and the addition of several sharp
turns in the ditch alinement. When all of these reductions in energy gradient are considered, the
elevation of the top of the rock check dam can be a critical factor in maintaining free flow conditions so
necessary for your sock tile outlet.
When gUl peak discharge conditions are considered and one assumes that the stated 6' and 12'
quantities are typographic errors for the quantities of 6" and 12" , Item 11. 6. actually makes sense and
can be considered generally true. The hand written file memo by Stephanie points to a possible
cause of the inaccuracies of this "statement of fact". Is Stephanie, or whomever the original II. 6. author
may be, aware of the technical aspects of the original objection, technically understands the problem
enough to sufficiently describe the factual basis to Mr. Adkins, or have the technical capacity to
understand the logical implications of the evaluation provided by Mr. Adkins? The gross disparities
between 11. 6. and Stephanie's memo implies a significant interagency misunderstandings as well as
a misconception of your original objection to the check dam. As presently stated, this item is false and
in any case is irrelevant to the factual reasons for your objection. Storm water rates and capacities is
only important in context of the potential adverse effects on the soil drainage system needed to
maintain proper functioning of your "septic" system (which is not addressed by Dave).
Item III, 1.; 1 can not speak to the legal interpretation of the legal mandate that requires the petitioner
to state the specific statutes or regulations that the permit is contrary to but there does seem to be
something inherently unfair about this provision. The most knowledgeable people regarding the
CAMA laws and regulations are the DCM personnel responsible for enforcing those provisions. If
these personnel fail to fulfill their public trust responsibilities (whether by accident or intentionally) is
the public then expected to be as knowledgeable as they are or be as knowledgeable as attorneys to
even request a reasonable hearing of the facts to right a simple error? If this is the case, why even
have a Division Of Coastal Management to enforce these complex regulations.
919 347 9036
120 BALSAM ROAD, JACKSONVILLE, N.C. 28-' 46 2 of 4

W A71" IR""K 3 ASLA, CPSS, REHS
Feb 25, 1993
LANDSCAPE ARCfIlTF T
PROFFSSIONAL SOIL SCIENTIST
ENVIRONNOI TFAL HEALTH SFEQALIST
Item 111. 3.: It may in fact be true that the your case as presented does not have a substantial
likelihood of success based on the merits of the information available to date. Does this take into
consideration the fact that the DCM response to your initial objection to the rock check dam was
misunderstood, or that they failed to respond to you as promised, or that no attempt was made on their
part to understand the causes or intentions of your objection, or to even provide you with an
understanding of what is expected from you to "prove" the validity of your objections.
The unconditioned placement of the rock check dam poses a real and direct threat to the proper
functioning of your septic system. Does this fact cease to exist just because a specific CAMA rule
protecting your rights is not known by you to be applicable? Is the threat to the reasonable and
properly permitted use of your property any less a threat simply because CAMA rules or regulatory
personnel failed to recognize the threat? I thought a finding of facts was one of the purposes of the
administrative hearings process, especially since the permit review process did not.
The statement that DEM is the agency most knowledgeable about stormwater impacts on your lot is
not only questionable in regards to septic system (i.e. DHS would certainly be competetitive) but the
implication that DEM approved the stormwater management system for this site misrepresents the
facts. Storm water management for the subdivision containing the subject site was probably approved
on the basis of the low density option which 2ft addressed assurance that a % of built upon area will
not be exceeded, assurance that no storm water collection system will be used, similar assurances for
a few additional criteria, and did not address site specific design review significantly beyond those
assurances (which may not have even included this subject site) and certainly did not address
impacts to your soil drainage system. I know that a detailed or even a generalized engineering
analysis has not been performed by DEM on the subject stormwater system. How can I know this?
Simple faith in Dave Adkins' abilities as an engineer based on my past experiences with him. A dollar
to a doughnut that Mr. Adkins was contacted by phone, responded to an incorrect statement of the
problem, has not seen the site, has not performed any energy gradient analysis on the stormwater
system and certainly did not address the potential adverse impacts the rock check dam could have on
the necessary free flow outfall conditions of the subsurface drain tile on Mr. Parkers adjacent lot.
Since the analysis implied by the statements in this section never occurred, it would seem reasonable
to question the conclusions stated based on "approval' by DEM.
Item III. 4.: Again, I am not an attorney and can not speak to the validity of the legal arguments
offered. The implications of some of the statements and recommendations does seem to place more
emphasis on the "letter of the law" than fairness or justice. Though it may not be mandatory for
regulatory staff to make a full determination of the applicable facts, it does seem reasonable that a
citizen adversely impacted by an act requiring state approval to expect agencies entrusted with public
protection to attempt an understanding your concerns. In your letter of 1/2/93 to Mr. Schecter, you
clearly identified the culvert problem as related to your problem in obtaining "septic permits", clearly
identified my name with the rock check dam objection, yet I was never contacted by DCM in any
attempt to understand this objection. Your 2/+6/92 letter to Jim Mercer clearly identified James E
Stewart and Associates (JESA) as your consultant in regards to water table concerns relative to your
septic tank permit, but JESA has not been contacted for any explanation.
919 347 9036
120 BALSAM ROAD, JACKSONVILLE, N.C. 28546 3 of 4

W &W HIC IRA(GU-ARID ASLA,CPSS,REHS
LANDSCAPE ARQHT=
PROFESSIONAL SOIL SCIENTIST
Feb 25, 1993 ENVIRONRffiNTAL HEALTH SPECIALIST
RECOMMENDATIONS
1. Part of the problem with your objection not receiving serious review may be based on both your
lack of technical explanation of the problem and the the misconception of your problem by the DCM
staff. I have historically found most of the professional regulatory staff, including DCM personnel and
representatives of the Attorney Generals Office, reasonable when they are fully aware of the facts and
circumstances of a situation. A request to either eliminate the rock check dam or establish a maximum
top of dam elevation at least six inches below your access culvert outlet invert does not constitute a
hardship condition on the permitted but does significantly reduce a real threat to the value and
enjoyment of your property. I believe your most appropriate response is to request a reconsideration
based on a clarification of the facts hopefully provided by this document. As you requested on 2/23/93,
1 will forward copies of this report to all of the involved individuals and request reconsideration. Any of
the involved individuals are invited to inquire or discuss the site conditions with me. I will also provide
Mr. Carl Milsted with a copy for updating his files.
2. Other administrative resolutions may be available if cooperation with the above request is refused.
The map provided with the application does not clearly identify if the proposed rock check dam is or is
not located in Section 404 Wetlands. I am familiar with this area and I believe that the specific location
shown is in waters of the US (including all of the pond and existing channel profile extending from the
pond to your access road culvert) and requires a 404 permit for any fill placed there in. The rock check
dam certainly qualifies as fill and should certainly be subject to standard 404 permit conditions,
including 401 water quality certification. The only 401 certification specified by Permit 133-92 is to the
best of my knowledge not applicable to the rock check dam or filling the pond and adjacent wetlands.
Why isn't the strict standard conditions applied to general 404 permits and 401 certifications also
being applied to this individual application which is supposed to be reviewed even more stringently
than general permits. There appears to be more than adequate evidence to request an administrative
hearing with the Corps Of Engineers or with the DEM or both based on apparent inequitable
applications of the law.
3. The remaining alternatives involve interpretations of law or more forceful measures and need to be
reviewed with Mr. Milsted.
As you requested, since you are expecting to be working out of the country for an extended period of
time, I will forward this report with a request for reconsideration to the involved persons without your
prior review. Please advise me immediately upon your return if you have any questions, suggestions,
or other comments. if a meeting is desired by any of the involved parties I will attempt to represent
your best interest until you return.
Yours truly
Wayne Raglan
Copies To: John Parker (JESA), Carl Milsted, Jim Mercer, Roger Schecter, Dave Adkins, David
Heeter, Jon Harrison, John Dorney.
919 347 9036
120 BALSAM ROAD, J4CKSONVILLE, N.C. 2&546 4 of 4

I
, State of North Carolina
Department of Environment, Health, and Natural 1?esourees
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary October 5, 1992 Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
Mr. Ned Hurst,. Trustee
Post Office Box 458
Swansboro, North Carolina 28584
Subject: Certification of Compliance
with Stormwater Regulations
Stormwater Project No.900223
Hurst Harbor Homeowners Park
Onslow County
Dear Mr. Hurst:
The Wilmington Regional Office received the revised
Stormwater Submittal for Hurst Harbor Homeowners Park on
September 23, 1992. Based on our review of the revised project
plans and specifications, we have determined that the project
complies with the Stormwater Regulations set forth in Title 15A
NCAC 2H.1003 (a) - (3) .
. Any modification of the plans submitted to this Office or
further development of this site will require an additional
Stormwater Submittal/Modification and approval prior to
initiation of construction. Modifications include but are not
limited to; project name changes, transfer of ownership, redesign
of built -upon surfaces, addition of built -upon surfaces, redesign
or further subdivision of the project area.
This Certification shall be effective from the date of
issuance until rescinded. The project shall be constructed and
maintained in accordance with the plans and specifications
approved by the Wilmington Regional Office. This Certification
does not supersede any other permit or approval. The developer
is responsible for obtaining any and all permits and approval
necessary for -the development of this project. This could
include the Division of Coastal Management under CAMA
requirements, The Division of Environmental Management under
Wetland 401 Water Quality Certification and/or a Dredge and Fill
-continued-
127 Cardinal Drive Extension, Wilmington, N.C. 2W5-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

e
Mr. Hurst
Stormwater Project No. 920516
October 5, 199.2
Page Two of Two
-----------------------------
Permit and/or a Sewer Extension/Collection Permit, U.S. Army
Corps of Engineers 404 Wetland Permit, local County or Town
Agencies under their local ordinances, or others that may be
required.
Deed restrictions must be recorded with the Registrar of
Deeds Office. A copy of the recorded deed restrictions,
including deed book number and page, must be forwarded to this
Office within 30 days of the date of the recording. Failure to
record and/or submit the deed restrictions to this Office is
considered a violation of this Certification.
If you have any questions concerning this matter, please
contact Alexis Finn or me at [phone].
Sincerely,
Dave Adkins
Regional Water Quality Supervisor
DA/aif: 920516.00T
CC: Don Clements
John Parker
Jim Gregson
Alexis Finn
Wilmington Regional Office
Central Files

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State of North Carolina
Department of Environment, Health, and Natural "Resources
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary August 7, 19 9 2 Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Ned Hurst, Trustee
Post Office Box 458 32(p- 59-73
Swansboro, North Carolina 28584
Subject: RESCINDANCE OF STORMWATER
CERTIFICATION
Stormwater Project No.900223
Hurst Harbor Homeowners Park
Onslow County
Dear Mr. Hurst:
On June 22, 1992, a Certification of Compliance with
Stormwater Regulations, Number 900223, was issued to you for
Hurst Harbor Homeowners Park located in Onslow County. The
Stormwater Certification is hereby rescinded for the following
reasons:
1. Projects submitted for low density stormwater approval
may not have collection systems. Thus, the 18 inch
culvert must be eliminated.
2. Direct outlets into waters of the State classified as
"SA" are prohibited.
Operation of the stormwater system prior to an approved
Stormwater Submittal (which removes the pipe and outlet) is a
violation of 15A NCAC 2H.1003 and is subject to enforcement
action pursuant to NCGS 143-215.6, including the assessment of
civil penalties. If you have any questions concerning this
matter, please call me at [phone].
Si/Adkyins
-��
e(
D
DA/aif: 920516.RES Regional Water Quality Supervisor
cc: Don Clements, John Parker, Jim Gregson, AF, WiRO, CF
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

State of North Carolina
Department of Environment, Health, and
"Wilmington �ioiial O ice
James G. Martin, Governor
William W. Cobey, Jr., Secretary June 22, 1992
Natural Resources
DIVISION OF ENVIRONMENTAL MANAGEMENT
Mr. Ned Hurst, Trustee
Hurst Family Trust
Post Office Box 458
Swansboro, North Carolina 28584
Subject: Certification of Compliance
with Stormwater Regulations
Stormwater Project No.900223
Hurst Harbor Homeowners Park
Onslow County
Dear Mr. Hurst:
Bob Jamieson
Regional Manager
The Wilmington Regional Office received the Stormwater
Submittal for Hurst Harbor Homeowners Park on May 21, 1992.
Based on our review of the project plans and specifications,
including deed restrictions (copy attached) which limit the
built -upon area of lots and the Homeowners Park to 6,900 square
feet we have determined 4,056 square feet of boat launching area
and marl access drive within the Homeowners Park, complies with
the Stormwater Regulations set forth in Title 15A NCAC
2H.1003(a)-(3).
Any modification of the plans submitted to this Office or
further development of this site will require an additional
Stormwater Submittal/Modification and approval prior to
initiation of construction. Modifications include but are not
limited to; project name changes, transfer of ownership, redesign
of built -upon surfaces, addition of built -upon surfaces, redesign
or further subdivision of the project area.
This Certification shall be effective from the date of
issuance until rescinded. The project shall be constructed and
maintained in accordance with the plans and specifications
approved by the Wilmington Regional Office. This Certification
does not supersede any other permit or approval. The developer
is responsible for obtaining any and all permits and approval
necessary for the development of this project. This could
include the Division of Coastal Management under CAMA
requirements, The Division of Environmental Management under
Wetland 401 Water Quality Certification and/or a Dredge and Fill
-continued-
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity A[fin alive Action Employer

Mr. Hurst
Stormwater Project No. 900223
June 22, 1992
Page Two of Two
-----------------------------
Permit and/or a Sewer Extension/Collection Permit, U.S. Army
Corps of Engineers 404 Wetland Permit, local County or Town
Agencies under their local ordinances, or others that may be
required.
Deed restrictions must be recorded with the Registrar of
Deeds Office. A copy of the recorded deed restrictions,
including deed book number and page, must be forwarded to this
Office within 30 days of the date of the recording. Failure to
record and/or submit the deed restrictions to this Office is
considered a violation of this Certification.
If you have any questions concerning this matter, please
contact Alexis Finn or me at [phone].
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/aif: 920516.JUN
cc: Donald C. Clements, R.L.S.
County Inspections
Alexis Finn
Wilmington Regional Office
Central Files

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w 971Pitt 113
ARTICLE IX
IMPERVIOUS COVERt
y
S. Cijitpi• arc h, r +--L
■ s 9. This covenant in
intended to insure continued compliance wlth stor:awatar runoff
rules adopted by the State of North Carolina and therefore benefits
may be enforced by the State of North Carolina.
ARTICLE X
NUISANCES: No noxious or offensive activity shall be
carried on upon any lot nor shall anything be done thereon which
may be or way become an annoyance or nuisance to the neighborhood.
Excessive noise levels are expressly prohibited.
ARTICLE XI
EASEMENTS: Easements for the installation and maintenance
of utilities and drainage facilities are reserved as shown on the
recorded plat and over the rear ten (101 feet of each lot. Within
these easements, no structure, planting or other materials shall be
placed or permitted to remain which may damage or interfere with
the installation or maintenance of utilities, or which may obstruct
or retard the flow of water through drainage channels in the
easements. The easement area of each lot and all improvements in
it shall be maintained continuously by the owner of the lot, except
for those improvements for which a public authority or utility
company is responsible.
ARTICLE XII
LIVESTOCK AND POULTRY: No animals, livestock or poultry of
any kind shall be raised, bred or kept upon any lot, except that
dogs, cats or other household pets may be kept provided that they
,are not kept, bred or maintained for any commercial purposes.
ARTICLE XIIT
BUILDING PLANS AND SPECIFICATIONS: No dwelling or other
1.
building shall be erected upon any lot unless the plans and
m 97iria414
..
specifications thereof meet or exceed the then existing VA or FNA
requirements.
rest ictlon shall not,
however, prohibit the use of such temporary
ARTICLE XIV
�
strtl Lures by builders
J
or developers during and In the course of
ERECTION OF FENCES: No fences in excess of four (4)
feet i�
co
43
ruction and salsa
of dwellings upon said lots.
height shall be constructed between the front building line
and the
r
()I
()I
ARTICLE XVIII
back lot line nearer than ten (10) feet to any lot line. No
fence
N ii
DRAINAGEt All
driveways shall have drainaga lile in the
shall be erected between the front building line and the street
i
arras
ditches installed and sized in accordance with the North
right of way. No privacy fences shall be permitted outside
the
Caro�lne State Highway
Commission standards.
building setback lines.
Q
Q
ARTICLE XIX
I
ARTICLE XV
SIGNS: No sign of any kind shall be displayed to the public
view on any lot excdpt one professional sign of not more than one
(1) square foot parallel to the building line, one sign of not more
than three (3) square feet advertising the property for sale or
rent, or signs used by a builder to advertise the property during
the construction and sales period.
ARTICLE XVI
GARBAGE AND REFUSE DISPOSAL: No lot shall be used or
maintained as a dumping ground for rubbish. Trash, garbage or
other waste shall not be kept except in sanitary containers. All
incinerators or other equipment for the storage or disposal of such
materials shall be kept in a clean and sanitary condition. Garbage
cans shall not be permitted to remain in the front yard except for
normal garbage pickup.
ARTICLE XVII
TEMPORARY STRUCTURES, No structure of a temporary character
no trailer, manufactured home or modular home transported on
chassis and wheels, basement, tent, shack, garage, barn or other
outbuilding shall be used on any lot at any time as a'residence,
either temporarily or permanently. No trailer, mobile home, camper
or like vehicle shall be parked on any lot at any time for any pur-
pose, nor shall any such vehicle be allowed to remain on any lot at
any time for any purpose unless it Is parked behind the main
dwelling structure or placed inside the carport or. garage. This
HURST HARBOUR ASSOCIATION AND HOMEOWNERS PARK ASSOCIATION:
All purchasers of lots in Hurst Harbour Subdivision as described
shall, and by their acceptance of deeds conveying such lots do, for
themselves, their heirs, successors and assigns, agree to become
members of the Hurst Harbour Association and Homeowners Park
Association, organized for the purposes hereinafter set out. All
owners of Lots numbers 19 through 30, inclusive, shall, by their
acceptance of deeds conveying such lots do, for themselves, their
heirs, successors and assigns, agree to become members of the Hurst
Harbour Association and Homeowners Park Association, organized for
the purposes hereinafter set out.
1. Responsibility of Each Association:
(a) Hurst Harbour Association shall assume
responsibility for the maintenance of the streets in the
subdivision and for the maintenance of the drainage easements.
(b) The Homeowners Park Association shall assume
responsibility for all improvements and maintenance of the
homeowners park as shown on said recorded plats it being
specifically understood and agreed that Developer shall not be
responsible for improvement or maintenance of said nark_
2. Assessments:
(a) Each member of each association as described
herein, by acceptance of the deed to each lot, whether or not it
shall be expressed In such deed, is deemed to and does hereby,
covenant and agree, on behalf of himself, his heirs, successors and
assigns, to pay assessments to each Association for the expenses
a

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
April 16, 1992
Mi.. tied Hurst
HURST HARBOR HOMEOWNERS PARK ASSO.
P. 0. Box 458
Swansboro, NC 28584
Dear Mr. Hurst:
The N. C. Division of Environmental Management (DEM) has notified this
office that a revised stormwater plan must be submitted for the development of
your property in Hurst Harbor Subdivision near Swansboro, N. C. Until a
revised plan is submitted to and approved by DEM, your application for a
Coastal Area Management Act and state dredge and fill permit for development
of the above referenced property will be considered to be incomplete, pursuant
to T15A:07J.0204(d) of the N. C. Administrative Code. Therefore, the
processing of your application is hereby terminated pending receipt of an
approved stormwater plan by DEM.
Once the necessary information is received, the processing of your
application will resume and a decision will be made promptly concerning
issuance of the permit.
If you have any questions or need further information, please feel free
to call me at [phone].
SSB/aw
cc: Jim Mercer
Charles Jones
Preston Pate
Sincerely,
Stephanie S. Briggs
Assistant Major Permits Coordinator
�ckV119 ail
U
U\� MAY 2 ! 1992
DEIVI
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Emolover

P. 0. Box 67
Atlantic Beach, NC 28512
[phone]
May 13, 1992
Paul Rawls RECEwEr)
Water (duality Section
N. C. Dept. of Environment, Health and Natural Resources
127 Cardinal Drive Extension MAY w2
Wilmington, NC 28405
*om Itgioner office
Reference: Hurst Harbor Homeowners Park Project No. 900223 D V
Dear Mr. Rawls;
This letter is submitted to revise the Hurst Harbor
Homeowners/Park stormwater runoff plan. Enclosed is a plot
of the C.A.M.A. application for the
The marl drive and turnaround will cover _
INO and the M will cover
above the high tide line. Total impervious cover will be
4,056 square feet. The approved stormwater plan allows
square feet of impervious coverage in the park as specified
in the enclosed copy of the restrictive covenants. The drive
and turnaround area will be covered with marl. There will be
no ditching for these areas, runoff will be sheet flow across
grassed areas.
I hope this will meet your agencies requirements, if not,
please contact me.
Sincerely, -9
C�,J,I'� �-- 6a,, 77-
Donald C. Clements
R. L. S. L-2460
b
MAY 2 1 1992
D E M

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(Page 4 of 10)
tax 971► %E412
ARTICLE IX
IMPERVIOUS COVER: No more than 6,900 square feet of any lot
or designated park area shalo be covered•by impervious of partially
'pervious covert including buildings, pavement, recreation
facilities, etc. but not including decking. This covenant is
intended to insure continued compliance with stormwater runoff
rules adopted by the State of North Carolina and therefore benefits
may be enforced by the State of North Carolina.
The State of North Carolina is specifically designated as a
beneficiary to provide for the enforcement of the above paragraph
ARTICLE X
NUISANCES: No noxious or offensive activity shall be
carried on upon any -lot nor shall anything be done thereon which
may be or may become an annoyance or nuisance to the neighborhood.
Excessive noise levels are expressly prohibited.
ARTICLE XI
EASEMENTS: Easements for the installation and maintenance
of utilities and drainage facilities are reserved as shown on the
recorded.plat and over the rear ten 410) feet of each lot. Within
these easements, no structure, planting or other matecials shall be
placed or permitted to remain which may damage or interfere with
the installation or maintenance of utilities, or which may obstruct
or retard the flow of water through drainage channels in the
easements. The easement area of each lot and all improvements in
it shall be maintained continuously by the owner of the lot, except
for those Improvements for which a public authority or utility
company is responsible.
ARTICLE XII
LIVESTOCK AND POULTRY: No animals, livestock Or poultry of
any kind shall be raised, bred or kept upon any lot, except that
dogs, cats or other household pets may be kept provided that they
are not kept, bred or maintained for any commercial purposes.
ARTICLE XIII
BUILDING PLANS AND SPECIFICATIONS: No dwelling or other
building shall be erected upon any lot unless the plans and
Hook: 971 Page: 409 Seq: 4

(Page 1 of 10)
P t 4k- 917A4 *�13 �'_ U,s-9?l " m7--
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evA 971m.,409
r-� hI �9?* ayq
NORTH CAROLINA
ONSLON COUNTY ,
RESTRICTIVE COVENANTS ,
THIS DECLARATION OF RESTRICTIVE AND PROTECTIVE COVENANTS,
made and entered into this the 15th day of August, 1990, by THE•
-GERTRUDE HURST TRUST as created by Deed to Trustees dated February
29, 1986, recorded in Book 870, Page 95, in the office of the
Register of Deeds of Onslow County, North Carolina, hereinafter
referred to as -Developer';
W I T N E S S E T Ns
THAT, WHEREAS, the Developer is the owner of the real estate
described in Article I of this declaration, and is desirous of
subjecting said real property to the protective and restrictive
covenants hereinafter set forth, each and all of which are for the
benefit of such property and for each owner thereof, and shall
inure to the benefit of and pass and run with said property, and
each and every lot or parcel thereof, and shall apply to and bind
the successors in interest and any owner thereof.
NOW, THEREFORE, the Developer hereby declares that the real
property described and referred to in Article I hereof is and shall
be held, transferred, sold and conveyed subject to the protective
covenants set forth below:
ARTICLE I
The real property which is and shall be held, transferred&
sold and conveyed subject to the protective covenants set forth
herein is located in Onslow County, North Carolina, and is
particularly described as follows:
BBINO all of lots numbers 1 through 30, inclusive, as
shown upon plat entitled -Hurst Harbor•, prepared by
Donald C. Clements, Jr.. RLS No. L-2460, dated January
16, 1990, and recorded in Map Book 27, Page 56, Slide
i-324, in the office of the Register of Deeds of Onalow
County, North Carolina, said recorded plat being
incorporated herein by this reference for the purpose of
providing a particular description.
Hook: 971 Page: 409 Seq: 1

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Bob Jamieson
Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 16, 1990
Mr. Ned Hurst, Trustee � �
Hurst Family Trust
Post .Office Box 458 C�)
Swansboro, North Carolina 28584
Subject: Certification of Compliance
with Stormwater Regulations
Project No. 900223
Hurst Harbor
Onslow County
Dear Mr. Hurst:
The Wilmington Regional Office received the Stormwater
submittal for Hurst Harbor on February 8, 1990 and final
information on February 14, 1990. Based on our review of the
project plans and specifications, we have determined that the
project complies with the Stormwater Regulations set forth in
Title 15 NCAC 2H. 1003(a)(2). This certification shall be
effective from the date of issuance until rescinded and the
project shall .be constructed in accordance with the plans and
specifications subsequently filed with the Wilmington Regional
Office.
If you have any questions concerning this matter, please
call Paul Rawls or me at [phone].
Sincerer
4 FMWON POEM JR
��
A. Preston Howard, Jr., P.E.
Regional Supervisor
PER:900223.FEB
Attachment
cc: Donald.Clements, RLS
Bill Mills
WiRO, CF
7125 Wrightsville Avenue, Wilmington, N.C. 28403-3696 • Telephone [phone] • Fax [phone]
An Equal 'Opportunity Affirmative Acton Employcr

RECEIVED
FEB 9 41990
Wilmington r,m?;ontl OMOO
P. 0. Box 67
Atlantic Beach N.C. 28512
Phone [phone]
February 12, 1990
Mr. Paul Rawls
Department of Enviromental Management
Water Quality Section
7225 Wrightsville Ave.
Wilmington, North Carolina, 28403
Reference: Hurst Harbor subdivision.
Dear Sir:
This letter is in response to our phone conversation of
February 9, 1990. All rands in Hurst Harbor subdivision
will be shoulder roads. No curb and gutter will be
constructed. Below is a sketch of the proposed roads' cross
sections.
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If I can provide any other information please contact me.
Sincerely yours;
Donald C. Clements Jr.
Registered Land Surveyor
L-2460

DIVISION OF ENVIROMENTAL MANAGEMENT
Submittal Form for Projects Using Density Limits, � water
Control
PROJECT DATA
r-d 1 199C
�fM
Name of Project: HURST HARBOR. pE
� ycx�zz�
Location (County, Township/Municipality,-�de - QNbLUW
COUNTY, SWANSBORO TOWNSHIP, P. O. Box 456, Swansboro,
North Carolina 28584.
Applicant Name: Mr. Ned Hurst Trustee.
Mailing Address: P. O. Box 458, Swansboro, North Carolina
28584.
Phone No.: 1-919-326-5973
Submittal Date. February 7, 1990
Brief Description (include map and appropriate drawings):
30 lot subdivision. Preliminary map included.
Water Body Receiving Stormwater Runoff:
Name of Water Body: Foster's Bay and Intracoastal Waterwau
Classification of Water Body: SC & SA
Total Area of Proposed Project (acres): 22.98 Ac.s.
State/Federal Permits and Approvals Required:
(Check Appropriate Blanks)
LAMA Major Sedimentation and Erosion Control x .
404 Permit DEM/DHS Sewage Disposal
Other (specify):
CALCULATIONS OF BUILT -UPON AREA
(Built -upon area means that portion of an individual development
that is covered by impervious or partially pervious cover
including buildings, pavement, recreation facilities, etc. but
not including decking.)
a) Built -upon area: 5.7 Ac.s .
b) Total project area: 22.98 Ac.s .
• built -upon = built -upon / total project area * 100
`I. built -upon area = 24.9 % .
If the water body receiving stormwater runoff is classified as
SA, is the % built -upon area { 25% Yes X No
If the water body receiving stormwater runoff is classified other
than SA, is the % built -upon area < 30%? Yes No
STORMWATER COLLECTION SYSTEM
Is the only kind of stormwater collection system grass swales?
Yes. X No
(grasses -line swales shouts d have a side slope of 3:1 (H:V) or
less.)

If no, please provide a detailed description.
BUFFER AREA
Is the built -upon area at least 30 feet from mean high water of
all surface waters? Yes K No
If no, please provide a detailed description.
(Note: Only boat ramps, public roads, public bridges and
walkways to water related facilities are allowed within 30 feet
of mean high water if the project is intended to meet stormwater
control requirements through density limits.)
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Do the deed restrictions and protective covenants ensure that
subdivisions maintain the development consistant with the plans
and specifications approved by the division and include the State
as a beneficiary of the restrictions? Yes K No
(Include a copy of the restrictions and covenants with this
form.)
CERTIFICATION
I, Ned Hurst , certify that the information
included on this submittal form is correct, that the project will
be constructed in con rmance with this information, and that to
the best of my knowXXdge, the proposed project complies with the
requirement of 15 C 2H. 03 (b).
^ig ture- wner or Agent D e
P. 0. Eo:, 458, Swansboro,, N. C. 28584
Address
If agent, please list owner's name and address below:
DIVISION OF ENVIRONMENTAL MA EMENT SIGN -OFF
R71�io
nal Office
1,9,6 - K: A
D to Indivi ual Evaluating forms/Plans .
ar
�A e7� �y On6!r�a�'"S!'SM�'
U
Da t6 Regional Dater Quality Supervisor
cc: Applicant/Region/l*lills/CF

• If no, please provide a detailed description.
BUFFER AREA
Is the built -upon area at least 30 feet from mean high water of
all surface waters? Yes X No
If no, please provide a detailed description.
(Note: Only boat ramps, public roads, public bridges and
walkways to water related facilities are allowed within 30 feet
of mean high water if the project is intended to meet stormwater
control requirements through density limits.)
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Do the deed restrictions and protective covenants ensure that
subdivisions maintain the development consistent with the plans
and specifications approved by the division and include the State
as a beneficiary of the restrictions? Yes X No
(Include a copy of the restrictions and covenants with this
form.)
CERTIFICATION
I, Ned Hurst , certify that the information
included on this submittal form is correct, that the project will
be constructed in conformance with this information, and that to
the best of mWkno edge, the proposed project complies with the
requirement oAc 2H 003 (b).
ur -Owner or Agent D to
P. O. Box 458, Swansboro, N. C. 28584
Address
If agent, please list owner's name and address below:
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN -OFF
Regional Office
Date Individual Evaluating forms/Plans
Kam'
Da a Regional Water Quality Supervisor .
cc: Applicant/Region/!"fills/CF

P. 0. Box 458
Swansboro, N.C. 28584
Phone [phone]
February 7, 1990
Mr. Preston Howard Jr.
Department of Enviromental Management
7225 Wrightsville Ave.
Wilmington, North Carolina, 28403
Enclosures. 1. Submittal form for density limits for
stormwater control
2. Preliminary plan "Hurst Harbor"
Dear Sir:
This cover letter is submitted for The Hurst Family Trust
for the proposed "HURST HARBOR" subdivision. The two
paragraphs that follow will be included in the subdivisions
restrictive covenants.
No more than 6,900 square feet of any lot or designated park
area shall be covered by impervious of partially pervious
cover; including buildings, pavement, recreation facilities,
etc. but not including decking. This covenant is intended
to insure continued compliance with stormwater runoff rules
adopted by the State of North Carolina and therefore
benefits may be enforced by the State of North Carolina.
The state of North Carolina is specifically designated as a
beneficiary to provide for the enforcement of the above
Paragraph.
If your department requires any additional information
please contact me.
LLP
.0 E V r�
15 Do
FEB.- # #990
DEng
FitOJ 9bo�z�
Sinc ely yours;
M . Ned u r s t
Head Trustee
Hurst Family Trust

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LEGEND
EIP — — — — Existing Iron Pipe
Control Corner
ECM — — —
Existing Concrete Monument
NIP — — —
New Iron Pipe —�
PKN — — —
P K Nail i
DMD — — —
Double Meridian Distance
R/W — — —
Right of Way
DB — — — —
Deed Book __--
CM — — — —
Concrete Monument
ELS — — — —
Existing Lightwood Stake
NORTH CAROL/NA
UNSkO W COUNTY
1, ____...___ certify that this plat was drawn
under my supervision from (an actual survey made under my supervision) (deed
description recorded in Book 870 page 95' etc.) (other), that the ratio of
precision as calculated by latitude and departures is l/ that
the boundaries not surveyed are shown as broken lines plotted -from information
--
found in Book page that this plat was prepared in accordance with
G. S. 47-30 as amended. Witness my original signature, registration number and seal
this day of A.D., 19 .
Seal or Stamp
Surveyor
Registration Number
NORTH CAROLINA
COUNTY
I , a Notary Public of the County and State aforesaid, certify that
a registered land surveyor, 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
79 _ .
Seal -- Stamp
Notary Public
My Commission expires
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REVISIONS PROPERTY Of
HURST FAMILY T/ZVsT
N,EV H1/2S7 TRU1 rEE
P,o.f3oX'ts$ SWHNSrSaRo N.C. r295Bf PHIVF- d26-S973
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so' 0 sa' ) 00' S TA TE : NORTH CAROL/NA
SCALE ZON£ : TAX MAP: PARCEL
.g
POINT fa POINT _r
PROPOSED
HURST HARBOR
AT HAMMOCKS BEACH
DATE: JA N. 181199 SURVEYED BY v, c, c. F/ELD BOOK
SCALE 1 "= l oo DRAWN BY: D. c- c DIgAW/N6 .. NO.
CHECKED CLOSURE BY: o- C, C -