SW7060719_HISTORICAL FILE_20061217

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE��
l
YYYYMMDD
5

The Cove at Southern Shores - Stormwater Permit
Subject: The Cove at Southern Shores - Stormwater Permit
From: "James Mozingo" <[e-mail]>
Date: Sum, 17 Dec 2006 15:18:04 -0500
To: <[e-mail]>
M1
As discussed on Friday, December 15, 2006, we will address the following comments and
resubmit the additional information as requested so that you may issue the stormwater permit.
1. Revise the Wet Detention Pond Calculations and Wet Detention Basin Supplement so
that they correspond to one another. Resubmit two copies of the revised calculations and
supplement.
2. Revise the Overflow Structure on Detail Sheet D-02 as necessary to match the example
detail provided by you.
3. Provide Vegetative Plan for ponds on Landscape Plan sheet C-06.
4. Add notes to Sections B-B and C-C on sheet C-03 referencing the planting schedule for
the vegetative shelf on the Landscape Plan sheet C-06.
5. Add note to Geoblock Infiltration Device Calculations stating the conservative
design assumption that was made and point out that the infiltration rate will more than
likely be much higher.
We are making our presentation to the Town of Southern Shores Planning Board tomorrow
night, Monday, December 18th. If at all possible I would like to have an email from you stating
that the permit is ready to be issued once you receive the additional information listed above.
Thank you for your help.
James M. Mozingo, PE
McKim & Creed, P.A.
380 Cleveland Place
Virginia Beach, VA 23462
[phone]
www.mckimcreed.com
This e-mail and any files transmitted with it are confidential
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error please notify the system manager. Please note that any
views or opinions presented in this e-mail are solely those of
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transmitted by this e-mail.
1 of 1 12/20/2006 11:03 AM

Michael F. Easley, Governor A%LRO
i William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
.� Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
7003 3110 0002 0575 2769
July 3, 2006
Northern Outer Banks Associates, LLC
Attn: Mr, Neal Blinken
PO Box 1374
Kitty Hawk, NC 27949
Subject: RETURN
Stormwater Project SW7060305
Stormwater Application for
The Cove at Southern Shores
Dare County
Dear Mr. Blinken:
This office received your Stormwater Application and supporting information for the subject project
on March 3, 2006. Mr. Bill Moore and Mr. James Mozingo met onsite April 18, 2006 to review your project
and discuss storrmwater permitting requirements. By letter dated May 8, 2006 (copy attached), you were
advised of (2) major stormwater issues relating to your proposed project. As of today, these issues have not
been resolved; therefore, your application is being returned as incomplete.
Please be advised that construction of the proposed facilities without a valid permit is a violation of
15A NCAC 21-1.1000 and North Carolina General Statute 143-215.1 and may subject you to appropriate
enforcement actions in accordance with North Carolina General Statute 143-215.6. Civil penalties of up to
$10,000 per day per violation may be assessed for failure to secure a permit required by North Carolina
General Statute 143-215.1.
If you decide to pursue the project in the future, you must submit a complete new application
package, along with plans and specifications, and a new permit processing fee.
If you have any questions or comments concerning this matter, please call me at [phone].
Incer, ly,
AI Hood e nal Supervisor
Surface Water Protection Section
Washington Regional Office
cc: Doug Huggett, DCM, Morehead City Office
McKim & Creed, Virginia Beach, VA
Town of Southern Shores
Washington Regional Office
ON
rCa o
ural
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
Internet: h2c.enrstate.nc.us 943 Washime on Square Mall, Washington, NC 27889 1-877-623-6748
An Equal OpportunitylAffrmative Action Employer —50% Recycled110%Post Consumer Paper

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�OF W ATF9Q . Uv — Michael F. Easley, Governor
�O G William G. Ross Jr., Secretary
CI)f North Carolina Department of Environment and Natural Resources
O � Alen W. Klimek P.E. Director
Division of Water Quality
May 8, 2006
Northern Outer Banks Associates, LLC
Attn: Mr. Neal Blinken
PO Box 1374
Kitty Hawk, NC 27949
Subject: Stormwater Review SW7060305
The Cove at Southern Shores
Dare County
Dear Mr. Blinken:
This office received a Coastal Stormwater permit application and plans for the subject project on
March 3, 2006. Mr. James Mozingo and I met at your project site in Southern Shores on April 18, 2006 to
discuss stormwater issues. During our site visit, two major stormwater issues were discussed; including
(1) the location of proposed wet ponds in the DOT Right-of-way (R/W), and (2) the location of an
Emergency Access Road adjacent to the existing boat basin.
On April 24, 2006, Mr. Mozingo provided a copy of a March 6, 2006 "Encroachment Agreement"
by the Department of Transportation. While this encroachment agreement would allow .the wet pond
system to be located inside the DOT RIW, it is not consistent with the Division's normal stormwater permit
procedures. The Stormwater Rules require that engineered stormwater measures must be constructed,
operated and maintained by the responsible party for the life of the project. Historically, all engineered
systems have been located on the Permit Holder's property, rather than on public property.
The other major issue involved a proposed Fire/Emergency access road located adjacent to the
existing boat basin (and within the 30-ft CAMA setback). The access road would be constructed with
"Geo Block" and located in a drainage basin without any proposed stormwater controls. The stormwater
rules require that high density type projects provide treatment for runoff from all built -upon surfaces. The
rules define "Built -upon Area" as impervious, or partially impervious cover. The °Geo Block" material
would represent a partially impervious surface that would require some reasonable level of stormwater
treatment prior to discharging to state surface waters.
Based on the above concerns, I cannot recommend that a Stormwater permit be issued for your
project as submitted. I suggest that you discuss with your engineer an alternative that adequately
addresses the above concerns and meets all the requirements of the Rules. Any proposed changes, or
modifications, must be received in this office prior to June 8, 2005 or your application will be returned as
incomplete. The return of this project will necessitate resubmittal of all required items including the
application fee.
N,o�r��`tthhCar
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Scrvict
Internet: h2o.enr.state.nc.us 943 Washington Square Mail, Washington, NC 27889 1.877.623.6748
An Equal OpportunilylAffirmative Acton Employer— 50% Recyded110% Post Consumer Paper

Northern Outer Banks Associates, LLC
May 8, 2006
Page Two
You should also be aware that the Stormwater Rules require that the permit be issued prior to
any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North
Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day.
If you have questions, please feel free to contact me at [phone].
Sincerely,
William J. Moore,
Environmental Engineer
Washington Regional Office
cc: Doug Huggett, CAMA, Morehead City
McKim & Creed, Virginia Beach Office
Tpivn of Southern Shores
ashington Regional Office
�6 ,

The Cove at Southern Shores - Permit Application and supplemental in...
Subject: The Cove at Southern Shares - Permit Application and supplemental information
From: "lames Mo ingo" <[e-mail]>
Date: Fri, 28 Jul 2006 10:22:00.0400
To: <[e-mail]>
Bill,
Attached m a copy of the Stomrwater Management Permit Application and Wet Detention Basin Supplement that was sent to you in the mail.
Also, below is a copy of the email we received from Bill Handlos of Presto Products Company - Gecsysterms regarding his conversation with you about the
perviousness of the geobbck material. This email was the premise for our resubmittal of the geobloa information. We also included revisions to the bmp ponds
so that they are completely outside of the right-of-way.
We will be submitting a variance request to the Coastal Resources Commission regarding the Geobbck road within the CAMA setback. However, we need either
approval or conditional approval from your of os in order to make a formal application. The neat meeting is in September and we would need to make our
application by and August to get on the agenda.
Please contact me should you have any questions
James M. Mo Lingo, PE
McKim a Creed. PA
380 Cleveland Place'
Virginia Beach, VA 23462
[phone]
rwwi.mckimaeed.com
From: Handlos, Bill G.
Sent: Tuesday, June 13, 2006 10:51 AM
To: 'Keith Frazier'
Subject: RE: Southern Shores follow up
I just got off the line with Bill Moore, Environmental Engineer, of the Washington
Regional office. He was willing to concede that the effective pervious nature of the
GeoBlock installed was roughly similar to the native conditions. I had explained to
that due to the clear stone under the product and due to the relatively loose pack
topsoil, we often will have a more pervious surface than native topsoil over clay.
He was very receptive to this and indicated that if there was not a second more
serious issue, he probably would allow the install.
The second issue is that the GeoBlock is to be constructed within 30 feet of the
shoreline. This would be a problem as the first 30 feet is a no build zone.
Finally, he said that he was surprised that there was no effort at any storm water
quality control of any kind. For example, there were not any pickup swales to run
water that might be sheet ,draining from this surface before it entered the waterway.
While he conceded that the GB would not have much sheeting, there would be some.
He generally had a concern about the fact that this site was hemmed in between DOT
ROW, a power line and the watercourse and that maybe there could be a few less units
to allow for the space necessary for the parking, building, and fire lane.
.I asked if there was anything further that could be done. He pointed out that an
appeal could go to the Coastal Resources Commission. This is an appointed body
chosen by the Governor. I took the liberty to look up their structure and meeting
dates. Their neat meeting date is Thursday the 22nd and the next meeting is in
September!! I suggest that the Project Manager get on that agenda. There are other
variances on the agenda and this request could be framed to be environmentally
friendly due to the nature of our product and I certainly would help if asked. But
job #1 is to immediately call and get on the agenda!!
I left a good impression with Bill and if he comes to the hearing, he will not be a
negative force.
1 of2 7/28/2006 11:37 AM

The Cove at Southern Shores - Permit Application and supplemental in...
I recommend:
Getting on the agenda and,appeanng for the variance
Include SW Quality componcros (even minor enhancements)
Choose a present= wisely... these bodies respond well to respect and kind requests.
I will call you now, but wanted to get all of this down for the record.
Best Regards,
William G. Handlos, P.E.
Business Development Engineer
Presto Products Company - Geosystems
Ph: 800-558-3525 x 1237 or 920-738-1237
Fax: [phone]
2006.7-27 Bill
Moore _Smmiwat
Content-Deaeription: Permit Applicatic
2W&7-27 Bill Moore_Stormwater Management Permit Application and Wm Detention Bain Supplement_TRANSMITTA4pdfi Detention Basin
Supplement_TRF
Content -Type: application/octet-
Content-Encoding: basc64
2 of 2 7/28/2006 11:37 AM

vMcIQM&CREED
TO: NCDENR — Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
ATI E,NTION: Bill Moore
LETTER OF TRANSMITTAL
DA7Eo July 27, 2006
PRo)ECr No: 4004-0001-19
'rASx NO:
RE: The Cove at Southern Shores
rRANSMrrrAI. NO:
PACE: OF
WE ARE SENDING: X Originals ❑ Prints ❑ Shop Drawings ❑ Samples
❑ Specifications ❑ Calculations ® Other -
Quantity
Drawing No.
Rev.
Description
Status
2
N/A
N/A
Stormwater Management Permit Application (original + copy)
G
2
N/A
N/A
Wet Detention Basin Supplement (original + copy)
G
JUL 2 8 2006
�ea�an veep ��
nUn"U
Issue Status Code: A. Preliminary B. Fabrication Only , C. For Information D. Bid
E. Construction F. For Review & Comments G. For Approval H. See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other
4. Amend & Resubmit 5. Rejected -See Remarks
REMARKS:
If you have any questions please do not hesitate to call.
3WCIe,eland Place, VIRCINIA BEACII, VA 23462-[phone] PA%[phone]
cc: File McKIM & CREED, P.A., P.C.
Signed
jar es Mozing , P.E.
S:\4004\0001\10-Comm\19-Transmittal Letters\2 -7-27_Bill Moore Stormwater Management Permit Application and Wet Detention Basin Supplemen[rRANSMITPAL. disc

Wo--fQ
IF- WA
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 5, 2009
CERTIFIED MAIL 7007 3020 0001 8861 8834
RETURN RECEIPT REQUESTED
Neal Blinken
Northern Outer Banks Associates, LLC
PO Box 1374
Kitty Hawk, NC 27949
Subject: Stormwater Inspection
The Cove at Southern Shores
SW 7060719
Dare County
Dear Mr. Blinken:
On January 12, 2009 Amy Adams and Anthony Scarbraugh of the Division of Water
Quality (DWQ) inspected a residential subdivision located at 6195 North Croatan
Highway at Southern Shores in Dare County. This project was inspected for compliance
with the Stormwater Permit SW7060719 issued to you on March 8, 2007 for the
construction and operation of grass swales, a vegetated buffer and a wet detention pond
to serve the Cove at Southern Shores.
The inspection revealed that the project has not yet been completed. As such, you will be
rescheduled for an inspection at a later date. This office would like to remind you that
you are limited to the impacts proposed in your application and you must comply with all
operation and maintenance requirements of this permit.
As a reminder, if you change your project you must notify us and you may be required to
send us a new application. If the property is sold, the permit must be formally transferred
by submitting a request to the DWQ with appropriate documentation.
North Carolina Division of Water Quality Internet: tctctv.ocoaterqua6_�g
943 Washington square Mull Phone: [phone]I T�TOne 7,, 7
Washington, NC 27889 PAX 252-946-9215 1 ro1-th Carofi1na
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Page 2 of 2
Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by DWQ in accordance with North Carolina General
Statue 143-215.6(a) to 143-215.6(c).
Should you have any questions regarding these matters, please contact me at (252) 948-
3963.
Enclosures: SW70610719
CC: John Hennessy-NPSACOU
DW�'Q. Central Files
,/WaRO Files
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Sincerely,
a%/
Amy Adams
Environmental Senior Specialist
Surface Water Protection Section
Washington Regional Office
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NEAL BLINKEN
r, pol NORTHERN OUTER BANKS ASSOC LLC
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KITTY HAWK NC 27949
North Carolina Division of Water Quality Internet www.ncwaterqualitv.ora
943 Washington square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
NorthCarolina
Naturally

■ Complete items 1, 2, and 3. Also complete A. Sign m
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■ Print your name and address on the reverse X "['Addressee
so that we can return the card to you. B. 4e fin me) C. Date of Delivery
■ Attach this card to the back of the mailpiece, 1h t
or on the front if space permits.AA D. Is delivery address efferent fromitemlS,[J Yes
1. Article Addressed to: If YES, enter delivery addree glow: D,No
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NEAL BLINKEN Y N
NORTHERN OUTER BANKS ASSOC LLC s.
PO BOX 1374 s. Sery Type (ff�a
�Ified Mall ❑Express Mall
KITTY HAWK NC 27949 ❑ Registered ❑ Return R eipt for Merchandise
— - - - - — - - J ❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Num `.17007' 3020 0001'^8861` 8834
(Transfer 71
PS Form 3811, February 2004 Domestic Return Receipt 102e95o2-10-1540

UNITED STATES POSTAL r2StFAIE.yf yf 75 I
• Sender: Please print your name, address, and ZIP+4 in this box
N. C. Department of Environment
& Natural Resources
Washington Regional Office
DWQ/Surface Water Protection
943 Washington Square Mall
` Washington North Carolina 27889

V,4'
OFFICE USE ONLY -
Date Received
Fee Paid
Permit Number
MAR 0 9
®WQ_WAPO State of North Carolina SVJA-K 31116(p
tiC uV Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
GENERAL INFORMATION
I. ApplIlicantsl name (specify the name ofthe cot put aLion, individual, etc, who owns the project):
Cj
—I� ftlnervv u}eyi3 -.ok5 A 5SocfQf2 S y LLC,
2. Print Owner/Signing Official's name and title (person legally responsible for facilityand compliance):
_N eUI i31r ^key, . Ma�A41%tr1 M C^nbcr
3. Mailing Address for person listed in item 2 above:
City:�,i-tfy 1.40,-C State: NLf Zip: Z]gtjJ -
Telephone Nu nber L_ZS 7- ) Z02 - 5901
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
i Inv_ Luv, of Sosl Orin 'z,6,9 ,
5. Location of Project (street address):
�L9S IY: C_.roofcm Hi.,
City: evh 5�1or�5 County: T%APe_
G. Directions to project (from nearest major intersection): �r
A noroy�Mwtely I. I ,M; J e5 wesfi Qlovta Q.S. 14wv 158" 4rob
fnterSe cf�on cf i1.5- F:wt. 157 n,nd' A L_ IJ_
7. Latitude: 36. 0945__y Longitude:75• J37?- U _ of project
8. Contact person who can answer questions about the project:
Name:JQMIZ5 M , &&Q ,�ga Telephone Number: ( i57 ) 'i .31-Ioo'Z
it. PERMIT INFORMATION:
1. Specify whether project is (check one): _/( New Renewal Modification
Form SWU-101 Version 3.99 Page I of

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
Low Density —/K High Density Redevelop _General Permit Other
4. Additional Project Requirements (check applicable blanks):
_X_CAMA Major _>: Seciimentation/Erosion Conu,ol _) 404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater, will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project .
SForntwgtcr t. dlbe- gffectcd +cward) C-Qtcl^ 6cof"s 51rt.ctvre5 C'r^d
u,Iverts , co(lecl-ed aid Co,v yee ro a wQ-tv\iC;11,rerh'ovt noud
rMWQ fCY Wt4h4ci QNA2K1'
r
2. Stormwater runoff from this project drains to the 'PG 51 V O+g ✓ik River basin.
3. Total Project Area: S• 3 S acres 4. Project Built Upon Area: �I %
5. How many drainage areas does the project have? (
3, L2/5'. 3S- bo
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information
Drainage Area 1
Drainage. Area 2. :
Receiving Stream Name
Receiving Stream Class
5L
Drainage Area
G aCreS
Existing hnpervious" Arca
N /�
Proposed Impervious`Arca
, Z cter(S
% Impervious* Area (total)
—70 1,
Impervious'.Surface Area
Drainage Area 1
-Drainage Area 2„ .
On -site Buildings
U acre
On-sitegcreet- ave"+(vt
83 acr(S
On -site Parking
On -site Sidewalks/ C.d-
O. ZO werci
Other on -site
(',1 Z were S
Off -site
. 1 4cre_j
Total: 3. ZZ a�-rZy
I Total:
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

7. How was the off -site impervious area listed above derived? O tC-0t- J(-4INotG2 cAf C4 M4 p
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot most be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than square feet ofany lot shall be covered by structures or impervious rnaterials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swinnning pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway. crossings.
4. Built -upon area in excess of the permitted armor requires a state stormwater management permit modification prior to
construction.
5. All permitted runof/'from outparcels or ham-e development shall be directed into the, permitted stormwater control
system. 'These connections to the stormwater control system shall be perforated in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-I06
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neese River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 399 Page 3 of 4

VL SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Ini 'als
• Original and one copy of the Stormwater Management Permit Application Form M
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management M
• Two copies of plans and specifications, including:
- Development/Prcject name
• Engineer and firm
-Legend
- North arrow .
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations. finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated. or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VIL AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section. I
Designated agent (individual or flrm): MeK fm a- C_rr ej A �L �4we5 MJ�+kg p
Mailing Address: 14475 V ik"q 17r i'yt St,LF& I Jp
City:�iai4 C'Jeu-% State: VA Zip: 23L45L
Phone: ( 757 ) `{31-I00L Fax: ( 757 ) q31—(O3Z
VIII. APPLICANT'S CERTIFICATION
1, (print or type name of person listed in General Information, item 2)
certlfy that the information included on this permit application form Is, to the best of my knowledge, correct and
that the project will be constructed in conI rce with the approved plans, that the required deed restrictions
and protective cove n w=prdedand1nt1hthe proposedproject complies with the requirements of 15A
NCACZH.1000./Signature: / / Date: 4t e �G t�
Fonn SWU-101 Version 3.99 Page 4 of

Permit No
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORMRECEIVED
WET DETENTION BASIN SUPPLEMENT MAR 0 3 2006
This form may he photocopier) for use as an original DW Q-WARO
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans -and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: Tt,e_ LQV( 4t &Vv Atr l
Contact Person: dgwse, 5 mo-&k'Al ts Phone Numbcr: (15-7 V 31 - j ou Z
For projects with multiple basins, specify which basin this workshect applies to: I
elevations S dep fh
Basin Bottom Elevation — 2.O ft. (floor of the basin)
Permanent Pool Elevation 3 O ft. (elevation of the orifice)
Temporary Pool Elevation ft. (elevation of7he discharge structure overflow)
areas
Permanent Pool Surface Area f7, 34'( sq. ft. (water surface area at the orifice elevation)
Drainage Area ]-6 ac. (on -site and off -she drainage to the basin)
Impervious Area .3.2- ac. (on -site and of drainage to the basin)
70
volumes
Permanent Pool Volume 3`1, 60'L cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume I Z 3 1 Cu. ft. (volume detained above the perrrranejk:e, r I,, Vd (�b,
Forebay Volume J $ 6 cu. It. (approximately 20`% of total volume) 2)t-v• 3.70
Other parameters
SA/DAI G ,o$O (surface area to drainage area ratio from DWQ table)
Diameter of Orifice Z in. (2 to 5 day temporary pool draw -down required)
Design Rainfall j in.
Design TSS Removal'- 90 % (minimum 85%required)
Form SWU-102 Rev 3.99 Page I of 4

Footnotes:
' When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
901% TSS removal. The NCDHNR BMP manual provides design tables for both 85% TSS removal and 90°% TSS removal.
11. 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 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. If a requirement has not been met, attach justification.
Applicants Initials
t
�JM a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
JM. b. The forebay volume is approximately equal to 20% of the basin volume.
JM t c. The temporary pool controls runoff fi'om the design storm event.
JM ` d. The temporary pool draws down in 2 to 5 days.
N�Ik e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
t
calculations)
JM f. The basin length to width ratio is greater than 3:1.
c
�M g. The basin side slopes above the permanent pool are no steeper than 3:1.
z
JM h. A submerged and vegetated perimeter shelf with it slope of 6:1 or less (show detail).
JMe i. Vegetative cover above the permanent pool elevation is specified.
z
JM j. A trash rack or similar device is provided for both the overflow and orifice.
Az y rc3r4ec( k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
�M L I. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
1r, vir—Jww(ertn. A mechanism is specified which will drain the basin for maintenance or an emergency.
—a
c
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does @does not incorporate a vegetated filter at the outlet.
This system (check one) 0 does Vdoes not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of

Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give in accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads {. feet in the main pond, the sediment shall be removed.
i
When the permanent pool depth reads 3- 5 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(Jill in the blanks)
V Permanent Pool Elevation
ScdimcnARen l EI. e. L75' o-- --Sediment Removal Elevation— 0. 75%
Botttion d i3O %
Bottom Elevation —2.O 25%
FOREBAY MAIN POND
Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
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.
Printname: Nortlncrm ovAty &Kk5 Assoc-i.ctCS LI-C.- rlecl �tf'mku-A
Title: MoAgge sa, AP- Abtr
Address: e.o, &.' 137q Krt►kF4a,Ak, NL Z-Iggl
Note: The legally responsible party should not be a homeowners association unless more than 50°/> of the lots have been sold and a
resident of the subdivision has been named the president.
I, (% i i?a t2C�I F1 �GC . 1 f V 1 � M a Notary Publics l for the State ofI / n a
County of 011d r I - I AC � dt5 , hereby certify that I k I I f'j V L
personally appeared before me this i N D day of lialrd and acknowledge the due
execution of the forgoing wet detention basin maintenance requiremen s. Witness my hand and official seal,
�� BETH A
w ' NOTARY
PUBLIC 't
we .
G •sMy Comm, Expires. U
9 ,Jan. 10, 2010 2
9i............ c�
°"'. CK coVN.`*
SEAL
My commission expires I r�i Unit i lU Ci
Form S VrU-102 12ev 3.99
Page 4 of 4

Ent
Name
AcctNo
Invoice
Date
I P.O. Num
Reference
Amount
Discount
Net
33400
Republic Cove Partn
145000
fee
10/5/2005
Stormwater
420.00
0.00
420.00
Payor: Republic Cove Partners LLC Date Check No. Check Amount
Payee: NCDENR 2/21/2006 001056 420.00
Retain Nis statement IDr your records
11100105611' 1:0550032981:2000364SP'

v 1VICIQM&CREED
v
March 2, 2006
Scott Vinson, Environmental Engineer 11
North Carolina Department of Environment and
Natural Resources
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Reference: The Cove at Southern Shores
Southern Shores, North Carolina
Stormwater Management Permit Application Package
McKim & Creed Project No.: 04004-0001
Dear Mr. Vinson:
a E C E i V E.0
MAR 0 3 2006
DWQ-WARO
Please find the following attached for your review of the stormwater management permit application:
• Original and one copy of the Stormwater Management Permit Application Form;
• One copy of the applicable Supplemental Forms for each BMP;
• Permit Application Processing fee of $420.00;
• Detailed narrative description of stormwater treatment/management included in calculations;
• Two copies of plans and calculations.
Please note that we are proposing a Geoweb road for use "only in case of emergencies" for fire apparatus
vehicles at the rear of the property within the 30' CAMA setback. We have already submitted a package
to CAMA for a Major Permit. We are concurrently submitting plans to the Land Quality Section for an
Erosion and Sediment Control Permit. We respectfully request your review and consideration of the
Geoweb road as a pervious surface. Please see the supplemental information provided in Appendix B of
the calculations regarding the Geoweb product.
Please contact me at the office [phone] or my cell phone [phone] should you have any
questions.
Thank you,
cKim & Creed
James M. Mozingo, PE
Project Manager
Cc: Jim Evans — Republic Cove Partners, LLC
Neal Blinken — Northern Outer Banks Associates, LLC
a:\4004\0001 \10-comm\19-transmittal letters\2006-3-2 e&s and storm drainage Is submittal\2006-3-2_scott vinson_dwq
application package_transmittal.doe
448 VIKING DRIVE, SUITE 100, VIRGINIA BEACH, VIRGINIA 23452
TEL [phone] Fax [phone] www.mckimcreed.com
AAM02667

Subject: The _Cove°at'Southem Shores- RevisedNarrative, TRM Cut Sheet and Erosive Velocity Check
From: "James Mozingo" <[e-mail]>
Date: Tue;.25.Apr2006„17 54.24=0400
To: <[e-mail]>, <[e-mail]>
CC: "Chris Stanley" <[e-mail]>
Attached are the revised narrative, revised BMP calculations, TRM Cut Sheet information from
the manufacturer and the erosive velocity check of the emergency spillway. The velocity over
the emergency spillway was determined to be 2.21 fps at a normal depth of 0.3 feet. The
allowable velocity based on the manufacturer's information is 20 fps therefore we are O.K.
Please contact me at the office [phone] or my cell phone [phone] if you have
any questions. I would also like to hear the results of your committee meeting as early as
possible. If you don't mind, please call me on Thursday. Thank you for your consideration.
Respectfully,
James M. Mozingo, PE
McKim & Creed, P.A.
448 Viking Drive
Suite 100
Virginia Beach, VA 23452
[phone]
www.mckimcreed.com
Content -Description: TRM Cut Sheet.pdf
ITRM Ciit.Sheekpdfl Content -Type: application/octet-stream
Content -Encoding: base64
Content -Description: 042506 NCDENR BMP Calcs.pdf
042506—NCDENRBMP Cales.pdf Content -Type: application/octet-stream
Content -Encoding: base64
Content -Description: Emergency Spillway Velocity
Check.pdf
Emergency Spillway_ Velocity Check pdf, Content -Type: application/octet-stream
Content -Encoding: base64
CStormwater Control Narrative 4-25-06.pdf Content -Description: Stormwater Control
Narrative_4-25-06.pdf
1 of 2 5/5/2006 8:53 AM

The Cove at Southem Shores - Permits
Subject: The -Cove at -Southern Shores - Permits
From: "James Mozingo" <[e-mail]>
Date Mon;.24.Apr.2006-12i09:57_m0400
To: <[e-mail]>
M
Attached are copies of the permits you requested. We will be overnighting the revised plans per
your comments in the field. The updated narrative and additional calculations will be emailed to
you tomorrow.
Please contact me should you have any questions.
Thank you,
James M. Mozingo, PE
McKim & Creed, P.A.
448 Viking Drive
Suite 100
Virginia Beach, VA 23452
[phone]
www.mckimcreed.com
Content -Description 2006-3-6_NCDOT Enroachment
Permit.pdf
,2006-3-6_NCDOT Enroachment Permit.pdf iContent-Type: application/octet-stream
Content -Encoding: base64
2006-3-6_NCDOT Driveway
Content -Description: Permit.pdf
2006 3 6_NCDOT Driveway Permit.pdf; Content -Type: application/octet-stream
Content -Encoding: base64
- ---- ----�- _— -- 2005-4-12 Dominion
Content -Description: Right of Way
12005-4-12_60minion Right of Way Encroachment.pdf.! Encroachment.pdf
Content -Type: application/octet-stream
Content -Encoding: base64
1 of 1 5/5/2006 8:54 AM

n,.
MAR ti H 2006
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICI IAEL F. EASLEY LYNDO TIPPETT
GOVERNOR - - SECRFFARY
March 6, 2006
County: Dare -US 158
Subject: Encroachment contract for the installation of water, gas, electrical connections
and storm water drainage structures, piping and detention basin.
Mr. James M. Mozingo
McKim & Creed —
448 Viking Drive, Suite 100
Virginia Beach, Virginia 23452
Mr. Mozingo,
Attached for your file is a copy of a Right of Way Encroachment Contract, which has been
properly executed. This contraci covers the above subject.
This encroachment is approved subject to the applicable Special Provisions, which are attached
to and made part of the encroachment contract. Failure to abide by Special Provisions can result
in work stoppage.
Sincerely,
Gretchen A. Byrum, P.E.
District Engineer
Roger Ward
Assistant District Engineer
GAB/rww
Atta.
Cc: Mr. Robert Memory
1929 North Road Street, Elizabeth City, NC 27909 Phone: [phone]; Fax: [phone]

ROUTE U.S. ROUTE 158 PROJECT
STATE OF NORTH CAROLINA
COUNTY OF DARE
DEPARTMENT OF TRANSPORTATION
-AND-
NORTHERN OUTER BANKS ASSOCIATES, LLC
RIGHT OF WAY ENCROACHMENT AGREEMENT
PRIMARY AND SECONDARY HIGHWAYS
THIS AGREEMENT, made and entered into this the _ day of Pp eCtj 20 06 by and between the Department
of Transportation, party of the first part; and NORTHERN OUTER BANKS ASSOCIATES, LLC
party of the second part,
WITNESSETH
THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
Route(s) U.S. 158, North Croatan Highway , located One thousand one hundred feet (1,100') west of the
intersection of U.S. Route 158 and Dogwood Trail in the Town of Southern Shores, Dare County
with the construction and/or erection of: a thi -six (36) unit condominium known as'The Cove at Southern Shores" including a
driveway/entrance, water, gas and electrical connections and storm water drainage structures, piping and detention basin.
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the parry of
the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the
right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right
and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are
made a part hereof upon the following conditions, to wit
That the installation, operation, and maintenance of the above described facility will be accomplished in accordance with the party of
the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS -OF -WAY, and such
revisions and amendments thereto as may be In effect at the date of this agreement. Informatlon as to these policies and procedures
may be obtained from the Division Engineer or State Utility Agent of the party of the first part
That the said party of the second part hinds and obligates himself to install and maintain the encroaching facility in such safe and
proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance
thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures
necessary due to the installation and existence of the facilities of the parry of the second part, and if at any time the party of the first part
shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his
successors and assigns, to promptly remove or alter the said facilities, in order toconform to the said requirement, without any cost to the
party of the first part. -
That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights,
flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices
for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained
from the Division Engineer of the party of the first part.
That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and
claims for damage that may arise by reason of the installation and maintenance of this encroachment.
That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the
Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during
construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water
impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations
of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances
and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any
Installation or maintenance operatlon disturbs the ground surface and existing ground cover, the party of the second part agrees to
remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the
first part.
Thal the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the
Division Engineer of the party of the first part.
That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this
agreement showing evidence of approval by the party of the first part The party of the first part reserves the right to stop all work unless
evidence of approval can be shown.
Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the second part
agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed.

and leases of equipment The contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B
of the Regulations.
a Solichations for Subcontracts. including Procurements of Materials and Equipment In all solicitations either by competitive
bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of
materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractors obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
or national origin.
d. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to
ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to famish this information, the contractor shall so certify to the Department of
Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain
the information.
e. Sanctions for Noncompliance: In the event of the contractors noncompliance with the nondiscrimination provisions of this
contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration
may determine to be appropriate, including, but not limited to,
(1) withholding of payments to the contractor under the contract until the contractor complies, and/or
(2) cancellation, termination or suspension of the contract, in whole or in part.
Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a' through'f' in every subcontmct,
including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department
of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that, In the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Department of
Transportation to enter Into such litigation to protect the interests of the State, and, in addition, the contractor may request
the United States to enter into such litigation to protect the interests of the United States.
R/W (161) :Party of the Second Part certifies that this agreement is true and accurate copy of the form
R/W (161) incorporating all revisions to date.
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and
year first above written.
ATTEST/OAR WITN SS:
Margret Smith
INSTRUCTIONS
DEPARTIVIENJ OF TRA6bPORTATION
BY: IN .
�`YBr. RultJ
DIVIS N ENGIN R
NortheW Outer pks A e is es, LL
Neill gllnken
Managing Member
Second Party
When the applicant is a corporation or a municipality, this agreement must have the corporate seat and be attested by the corporation
secretary or by the empowered city official, unless a waiver of corporate seal and attestation by the secretary or by the empowered City
official is on file in the Raleigh office of the Manager of Right of Way. In the space provided in this agreement for execution, the name of
the corporation or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly
below their signature.
When the applicant is not a corporation, then his signature must be witnessed by one person. The address should be included in this
agreement and the names of all persons signing the agreement should be typed directly below their signature.
This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information:
1. All roadways and ramps.
2. Right of way lines and where applicable, the control of access lines.
3. Location of the existing and/or proposed encroachment
4. Length size and type of encroachment. )
5. Method of installation.
6, Dimensions showing the distance from the encroachment to edge of pavement, shoulders, etc.
7. Location by highway survey station number. If station number cannot be obtained, location should be shown by
distance from some identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the
encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the
Raleigh office.)
6. Drainage structures or bridges if affected by encroachment (show vertical and horizontal dimensions from
encroachment to nearest part of structure).

Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will
not be required.
That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves
the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the
first part.
That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not
begun within one (1) year from the dale of authorization by the party of the first part unless written waiver is secured by the party of the
second part from the party of the first part.
During the performance of this contract, the second party, for itself, its assignees and successors in interest (heminafter'referred to as
the 'contractor), agrees as follows:
a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally -
assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract-
b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the
grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials
FORM R/W 16.1 (Rev. July 1, 1977)

9. Method of attachment to drainage structures or bridges.
10. Manhole design.
11. On underground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, etc.
12. Length, size and type of encasement where required.
13. On underground crossings, notation as to method of crossing - boring and jacking, open cut, etc.
14. Location of vents.
GENERAL REQUIREMENTS
i. Any attachment to a bridge or other drainage structure must be approved by the Head of Structure Design in Raleigh
prior to submission of encroachment agreement to the Division Engineer.
2. All crossings should be as near as possible normal to the centerline of the highway.
3. Minimum vertical dearunces of overhead wires and cables above all roadways must conform to clearances set out in
the National Electric Safety Code.
4. Encasements shall extend from ditch line to ditch line in cut sections and 5 beyond toe of slopes In fill sections.
5. All vents should be extended to the right of way line or as otherwise required by the Department.
6. All pipe encasements as to material and strength shall meet the standards and specifications of the Department.
7. Any special provisions or specifications as to the performance of the work or the method of construction that may be
required by the Department must be shown on a separate sheet attached to encroachment agreement provided that
such information cannot be shown on plans or drawings.
8. The Department's Division Engineer should be given notice by the applicant prior to actual starling of installation

Route: US 158
County: Dare
Date: March 6, 2006
Utility connections
Special Provisions
District Engineer, G. A. Byrum, P.E. (252) 3314737, will be notified before beginning
work. Failure to give such notification may result in stoppage of work for a period of
three (3) days.
2. Written notification of the completion of the encroachment will be given to:
Mrs. G. A. Byrum, P.E.
District Engineer
Division of Highways
1929 North Road St.
Elizabeth City, N.C. 27909
3. An executed copy of this Encroachment Agreement will be present at the
construction site at all times during construction. The Division of Highways
reserves the right to stop work unless evidence of approval can be shown.
4. The Department of Transportation does not guarantee the right-of-way on this road,
nor will it be responsible for any claim for damages brought by any property owner
by reason of the installation.
5. NC DOT Traffic Engineer's Office must be notified by telephone, [phone],
8:00a.m: S:O0p.m., Monday -Friday, 48 hours prior to beginning work if encroaching
within 500 feet of a signalized intersection.
6. The traveling public will be warned of the construction with signing that is in
accordance with the latest Manual on Uniform Traffic Control Devices.
7. All materials and workmanship shall conform to NCDOT Standards and
specifications.
8. If safety or traffic conditions warrant such action, the Department reserves the right to
further limit, restrict or suspend operations within the right of way.
9. Work shall not begin until after the traffic control and erosion control devices have been
installed to the satisfaction of the District Engineer.
10. The Contractor shall comply with all OSHA requirements and provide a competent
person on site to supervise excavation at all times.
11. Strict compliance with the Policies and Procedures for Accommodating Utilities on
Highway Rights of Way manual shall be required.

12. Any drainage structure disturbed or damaged shall be restored to its original condition as
directed by the District Engineer.
13. During non -working hours, equipment shall be parked as close as possible to the right of
way line. Equipment shall be properly barricaded and shall create no obstruction within
the vehicle clear recovery area.
14. All roadway signs removed for construction must be re -installed as soon as possible.
15. Drainage structures shall not be blocked with excavated materials.
16. The trench backfill material to be placed in maximum 6" loose layers and each
layer thoroughly compacted.
17. Fill areas/backfill shall be compacted to 95% density.
13. Erosion control devices shall be installed which comply with erosion control plans
for this work as approved by the North Carolina Department of Environment and Natural
Resources — Division of Land Resources.
19. Contact adjacent utility owners in advance of construction to coordinate adjustments
and/or relocations.
20. All trash/debris generated as a result of this encroachment shall immediately be removed
from the right of way.and properly disposed of in accordance with all Local, State, and
Federal Laws.
21. Any root(s), etc. protruding above grade as a result of any construction activity
associated with this encroachment shall be removed at a sufficient depth as not to present
a hazard during maintenance of the area.
22. All earth areas disturbed shall be re -graded, re -seeded and/or sodded in accordance with
the Division of Highways standards and specifications. Final inspection approval will
require that a strong stand of vegetation be established on all areas of disturbed earth.
23. The encroaching party shall comply with all applicable federal, state, and local
environmental regulations, and shall obtain all necessary federal, state, and local
environmental permits, including but not limited to, those related to sediment control,
stormwater, wetland, streams, endangered species, and historical sites.
24. Seeding and Mulching ( See attachment)
I

Seeding And Mulching:
(Eastern NC Mix)
The kinds of seed and fertilizer, and the rates of application of seed, fertilizer, and
limestone, shall be as stated below. During periods of overlapping dates, the kind of seed
to be used shall be determined by the Engineer. All rates are in pounds per acre
(kilograms per hectare).
March 1 - August 31
All Roadway Areas
September 1 - February 28
50# (55kg)
Tall Fescue
50# (55kg)
Tall Fescue
5# (6kg)
Centipede
5# (6kg)
Centipede
25# (28kg)
Bermudagrass
(hulled)* 35# (40kg)
Bermudagtass (unhulled)*
500# (560kg)
Fertilizer
5009(560kg)
Fertilizer
4000# (4500kg)
Limestone
4000# (4500kg)
Limestone
* Optional : 359 (28 kg) Bahiagrass
may be substituted for Bermudagrass only upon
Engineers' request.
Waste and Borrow Locations
January 1 - December 31
75# (85kg)Tall Fescue
509 (55kg)Bahia
500# (560kg)Fertilizer
4000# (4500kg)Limestone
Approved Tall Fescue Cultivars:
Adventure
Adventure II
Amigo
Anthem
Apache
Apache II
Arid
Austin
Brookstone
Bonanza
Bonanza II
Chapel Hill
Chesapeake
Chieftain
Coronado
Crossfire II
Debutante
Duster
Falcon
Falcon II
Finelawn Petite
Finelawn
Finelawn I
Genesis
Grande
Guardian
Houndoe
Jaguar
Jaguar III
Kentucky 31
Kitty Hawk
Monarch
Montauk
Mustane
Olympic
Pacer
Phoenix
Pixie
Pyramid
Rebel
Rebel Jr.
Rebel II
Renegade
Safari
Shenandoah
Tempo
Titan
Tomahawk
Trailblazer
Tribute
Vegas
Wo4ack
Wrangler

On cut and fill slopes 2:1 or steeper add 309 (35kg) Sericea Lespedeza January 1 -
December 31.
Fertilizer shall be 10-20-20 analysis. Upon written approval of the Engineer, a different
analysis of fertilizer may be used provided the 1-2-2 ratio is maintained and the rate of
application adjusted to provide the same amount of plant food as a 10-20-20 analysis.
Temporary Seeding:
Fertilizer shall be the same analysis as specified for'Seeding and Mulching" and applied at
the rate of 400 pounds per acre (450 kilograms per hectare) and seeded at the rate of 50 .
pounds per acre (55 kg per hectare). German Millet or Browntop Millet shall be used in
summer months and Rye Grain during the remainder of the year. The Engineer will
determine the exact dates for using each kind of seed.
Fertilizer Topdressing:
Fertilizer used for topdressing on all roadway areas shall be 10-20-20 grade and shall be
applied at the rate of 500 pounds per acre (560 kg per hectare). Upon written approval of
the Engineer, a different analysis of fertilizer may be used provided the 1-2-2 ratio is
maintained and the rate of application adjusted to provide the same amount of plant food
as 10-20-20 analysis.
Fertilizer used for topdressing on waste and borrow areas shall be 16-8-8 grade and shall
be applied at the rate of 500 pounds per acre (560 kg per hectare). Upon written approval
of the Engineer, a different analysis of fertilizer may be used provided the 24-1 ratio is
maintained and the rate of application adjusted to provide the same amount of plant food
as t6-8-8 analysis.
Supplemental Seeding:
The kinds of seed and proportions shall be the same as specified for "Seeding.and
Mulching", with the exception that no centipede seed will be used in the seed mix for
Supplemental seeding. The rate of application for supplemental seeding may vary from 25"
to 75R per acre (28kg to 85kg per hectare). The actual rate per acre (hectare) will be
determined by the Engineer prior to the time of topdressing and the Contractor will be
notified in writing of the rate per acre (hectare), total quantity needed, and areas on which
to apply the supplemental seed. Minimum tillage equipment, consisting of a sod seeder
shall be used for incorporating seed into the soil as to prevent disturbance of existing .
vegetation. A clodbuster (ball and chain) may be used where degree of slope prevents the
use of a sod seeder.
Mowing:
The minimum mowing height on this project shall be 4 inches (100 mm).

Crimping Straw Mulch:
Crimping shall be required on this project adjacent to any section of roadway,where
traffic is to be maintained or allowed during construction. In areas within six feet (2
meters) of the edge of pavement, straw is to be applied and then crimped. After the
crimping operation is complete, an additional application of straw shall be applied and
immediately tacked with a sufficient amount of undiluted emulsified asphalt.
Straw mulch shall be of sufficient length and quality to withstand the crimping operation.
Crimping equipment including power source shall be subject to the approval of the
Engineer providing that maximum spacing of crimper blades shall not exceed 3 inches
(200 mm).
These two statements should be at the end of the "Seeding and Mulching" spec. for
Div's 1,2,3,4,6, & 3.
All areas seeded and mulched shall be tacked with asphalt.
Crimping of straw in lieu ofasplialt tack shall not be allowed on this project

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♦ REPUBLIC COVE PARTNERS ItC M!—
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V IiiO Ma IanJ A.enuq SW, Suite 280 The Cove at Southern Shores�� 1vN1v1Ca 11V:.C,al —6"��Washington, O.0 2(g2a Southem Shores North CarolinaC-O2
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Dominion Virginia Power,,;-f,\ ®®�®®�®
120 Tredrgar Swett, Richmond, VA 23219 -'
Mailing Address: P.O. Box 26532
Richmond, VA 23261 "
April 12, 2005
McKim & Creed RECEIVED
448 Viking Drive, Suite 100 APR 13 2005
Virginia Beach, Virginia 23452
Attention: Mr. James Mozingo�l�49a����
HAMMON ROADS
Ref: TE# 68 - 04 - 05
Transmission Right -of -Way Encroachment
Transmission Lines: 2064 & 2073 - Structures 196-199
Dear Mr. Mozingo:
Enclosed, in duplicate, is the letter of consent generated for your request for The Cove at Southern
Shores. Please have the owners execute both originals of this letter and return both fully executed
originals to my attention at the address below. Please include a check for the $4,000.00 processing
fee and also include revised Exhibits "C" "D" "E" and "F" which are your drawings C-01, C-03, C-06
and C-07. We have made requests for the modification of the BMP ponds and the fire hydrant layout
which are more completely defined within the letter of consent. Once the revised McKim & Creed
drawings are supplied to Dominion, I will sign both originals and return one original with revised
Exhibits to you for forwarding to the owners
Dominion North Carolina Power
Electric Transmission Right -of -Way
P.O. Box 26532
Riverside Building, 5'" Floor
Richmond, Virginia 23261-6532
Attention: Donald W. Hoover
If you have any questions or need additional information, please contact me at
[phone] or my e-mail address [e-mail].
Si Uil�l7 UW'�
Donald W. Hoover
Coordinator Rights -of -Way
Electric Transmission
Enclosures
cc: Joseph P. Ragland, III
Bruce A. Nicholas

April 12, 2005
Page 2
Dominion North Carolina Power, under its easement(s) as identified above, hereby consents
to the encroachments described above subject to the following terms. Republic Cove
Partners, LLC is referred to below as "Requestor".
1. The minimum distance required by OSHA shall be maintained between electrical conductors and
any part of the encroachments or equipment used in the installation or maintenance of the
encroachments. Sag of conductors varies with changes in operating and ambient temperatures,
therefore, required clearances will be based upon maximum sag. The minimum clearance shall
be governed by the clearance required for the 230 kv line. See Exhibits "A" and "B".
2. Requestor shall begin physical installation of the encroachments within one year of the date of
execution of this letter. If installation does not begin within that period, this Letter of Consent shall
become invalid. A new letter of request addressing the encroachments will be required before
further consideration.
3. Requestor shall give at least 5 days advance notice, except in emergencies, of any activities being
performed within the right-of-way to Company's Right -of -Way Management Representative so that
the Company, at it's discretion, may have an inspector present while the work is in progress, and
Requestor pays the costs of the inspector.
4. Blowdown discharge valves shall be located in accordance with Section 192.179 (C) of the U.S.
Department of Transportation's Pipeline Safety regulations.
5. If a cathodic protection system is used to protect the water pipeline, it shall be designed to cause
no corrosion in the counterpoise or any other part of the Company's facilities.
6. The encroachments as proposed on Exhibits "A" through " F" are approved with no part of the,
encroachments located within 30 feet•of any Company structure, foundation, guy, anchor or any
other Company facilities.
7. Fire hydrants are not permitted on the right-of-way. The fire' hydrant at the entrance to Heron
Cove Dive must be relocated off the right-of-way. A suggested location is shown on Exhibit "D" in
red. The existing fire hydrant with the purple X through it; located beneath the transmission
conductors, must also be relocated off the right-of-way.
8. This consent in no way reduces the Company's rights under the easement(s) identified above.
The Company may at any time exercise its easement rights in a way that conflicts or interferes
with the encroachment described above. Upon notice from the Company, the Requestor will
promptly modify, rearrange or remove the encroachment to enable the Company to exercise its
easement rights without conflict or interference with the encroachment. Requestor will be
responsible for the cost of any such modification, rearrangement or removal. If Requestor fails to
so modify, rearrange or remove the encroachment within 45 days after notice by the Company to
do so, the Company may modify, rearrange or remove the encroachment without liability for
damage resulting therefrom, and Requestor shall promptly reimburse the Company for the cost of
such modification, rearrangement or removal.

April 12, 2005
Page 3
9. Requestor shall provide a NCDOT standard entrance gutter to the right-of-way, in the curb and
gutter at both locations shown on Exhibit "D". Vehicular access to the right-of-way shall be a
minimum 16 feet wide with a maximum 10% grade.
10. Ponds will be permitted to encroach within the right-of-way, if they do not interfere with access to
transmission structures, if they do not endanger transmission structures and/or conductors, and if
they do not create a hazard to the public. A minimum of 30 feet must be maintained between the
closest edge of the pond and any Company facilities. All four ponds must be adjusted to
accomplish this. See Exhibit"D".
11. Wells and septic tanks shall not be placed on any Company right-of-way.
12. No burning of construction trash will be allowed on the right-of-way.
13. Requestor shall restore any erosion or settling on the right-of-way related to the installation or
maintenance of the encroachments. Requestor shall comply with all state and local erosion and
sedimentation control laws, and shall not adversely affect grade elevations and water drainage
patterns.
14. Requestor shall notify Company's Right -of -Way Management Representative at the location
shown below if any, counterpoise [ground wire buried 18 to 24 inches deep] is damaged, cut, or,
severed, so necessary repairs can be made by the Company the cost of which shall be
reimbursed by the Requestor::
15. Requestor shall be'responsible'forall associated costs for the repairs of Company facilities
(including but not limited to structures, guys, anchors, or counterpoise) damaged by Requestor, its
employees, contractors or agents.
16. Company will not be responsible for conifers, shrubs or other vegetation planted within the right-
of-way which are damaged as a result of its construction or maintenance work.
17. Requestor will trim or remove shrubs or trees exceeding the Company's limitations, or if otherwise
deemed necessary by the Company within 45 days after notice by the Company. If not corrected
within 45 days, the Company may remove such vegetation if not so trimmed and removed by
Requestor at Requestor's expense.
18. The planting of the trees, shrubs, and other vegetation shall conform to the Company's
Guidelines. Requestor shall maintain a 20 foot wide vehicle access route on the Company right-
of-way and a clear area with a 30 foot radius around each structure. See Exhibit "G".
19. If the encroachment is determined to be unsafe by the Company at a future date, the unsafe
condition shall be corrected or removed at Requestor's expense within 45 days after written
notification by the Company. If not so corrected or removed by Requestor, the unsafe condition
may be corrected or removed by the Company at Requestor's expense without liability by the
Company for any resulting damage.
20. Traffic signs shall not exceed 12 feet in height and shall not be within 25 feet of any Company
facility.-

April 12, 2005
Page 4
21. A minimum of 36 inches of cover measured from the top of the pipelines to existing ground
elevation is to be maintained within the right-of-way where accessible to truck traffic. The
pipelines and two manholes shall be designed to support traffic crossings by heavy construction
and maintenance equipment and shall be capable of withstanding AASHTO designation HS20-44
wheel loadings. The sanitary sewer manhole and storm sewer manhole must be installed at
grade.
22. No portion of any sprinkler system is authorized under this consent for maintaining the
landscaping.
23. Company access to its facilities shall not be hampered at any time by the installation, use,
maintenance or'presence of the encroachments. The Company shall not be liable for damage to
the encroachments resulting from exercise of its easement rights.
24. Lighting poles and other facilities are to be no taller than the requested 16 feet above ground
level,t and all metallic parts shall be effectively grounded.
26. Permission for the encroachments described in Exhibits "A" through "F" does not include
permission for storage on the right-of-way of material or equipment related to the encroachments.
26. No construction debris shall be buried on the right-of-way which shall include but not be limited to
stumps, large boulders, concrete, asphalt, trees, storm drainage pipe, hazardous waste, scrap
materials, or any other waste material.
27. No portion of any house, garage, porch, deck, shed, playhouse, or any other type of structure
whatsoever shall be permitted on the right-of-way.
28. No temporary construction offices, sheds, or related structures are to be placed on the
transmission right-of-way.
29. Trash receptacles and dumpsters shall not be placed on the right-of-way:
30. The site plans and elevations shown on the McKim & Creed drawings entitled 'The Cove at
Southern Shores Site Plan, Grading, Storm Drainage & Utility Plan, Landscape Plan and Lighting
Plan" sheet numbers C-01, C-03, C-06 and C-07 dated 21 Feb 2005 shall be strictly adhered to.
See Exhibits "C" through "F".
31. Requester or its heirs, successors, and assigns hereby agree to indemnify and save harmless
Company, its officers, agents and employees from any and all claims, demands, damages,
including death, and liability of every kind and nature whatsoever for, on account of or growing out
of the consent hereby granted, except when such claims and demands are caused solely by the
negligence of Company, its agents, employees, successors or assigns.

April 12, 2005
Page 5 .
This consent is granted only to Republic Cove Partners, LLC and may not be assigned or
transferred to anyone else without the prior written consent of Dominion North Carolina
Power. [If you are not the owner of the property on which the encroachment is to be located,
you are responsible for obtaining necessary permission for the encroachment from the
owner.] This consent shall become effective upon your agreement with the terms set forth
herein indicated by your delivering to Dominion North Carolina Power a copy of this letter fully
executed by Republic Cove Partners, LLC. Please return the fully executed copy of this letter
to:
Dominion North Carolina Power
902 G Street
Hampton, Virginia 23661-1817
Attention: Joseph P. Ragland, III
Sr. Right of Way Management Representative
Phone: [phone] work 757-817-8895 cell
e-mail [e-mail] 757-928-2169 facsimile
For this consent to become effective, a fully executed copy of this letter and the remittance of
the requested processing fee must be returned to Dominion North Carolina Power not later
than June 3, 2005,
Sincerely,
VIRGINIA ELECTRIC AND POWER COMPANY
Donald W. Hoover
Coordinator Rights -of -Way
Electric Transmission
In consideration of the consent granted by Dominion North Carolina Power for the above -
described encroachments, the undersigned hereby agree(s) to the terms stated in the
foregoing letter.
REPUBLIC COVE PARTNERS, LLC
Authorized Signature
Printed Name and Title
Date

Dominion Virginia Power • Dominion North Carolina Power
120 Trcdcgar Sum, Richmond, VA 23219
Mailing Address: P.O. Box 26532
Richmond, VA 23261
April 12, 2005
Republic Cove Partners, LLC
1280 Maryland Avenue, SW, Suite 280
Washington, D.C. 20024
Ref: TE# 68 - 04 - 05
Dear Sir/Madam:
�\/v
®®m®n®oW
Consent for Right -of -Way Encroachment
You have requested that the Virginia Electric and Power Company (Dominion North Carolina
Power or Company) consent to encroachments by Republic Cove Partners, LLC on, over
and/or under a part of its transmission right-of-way easement(s) identified as:
Point harbor- Kitty Hawk #2 Corridor, Parcel # 3R
Transmission Lines 2064 & 2073 - Structures 196 - 199
The location of the encroachments is as follows:
6195 North Croatan Highway (US Highway 158) at Ginguite Creek in the Atlantic Township of
Dare County, North Carolina
The encroachments for which you have requested consent are described as:
1. Four Retention Ponds
2. RCP Drainage Pipes
3. Two Paved Entrances
4. Sanitary Sewer Pipelines
5. Water Mains
6. Lighting Poles
7. Landscaping
a. Wavy Leaf Ligustrum
b. Yellow Tip Ligustrum
8. Pole Mounted Lighting
9. Two Retaining Walls
10.An Asphalt Bike Path