SW7061104_HISTORICAL FILE_20061205

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

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NO.yy? F. 1
VVOLINETZ LAW OFFICES 9 LLC
BARRY H. WOLINETZ
RWOLiNETZ@WOL[NETZIAW.COt f
December 5, 2006
Via Facsimile 252 946-9215 and U.S. Mail
North Carolina Dept. of Environment
and Natural Resources
Division of Water Quality
Aun, Al Hodge and Roger Thorpe
943 Washington Square Mall
Washington, North Carolina 27889
RE: Ronald B. Alford
OBX1, LC
Storm Water Project SW7061104
3616 Vir inia Dare Trails NagsHead North Carolina
Dare County
Dear Gentlemen,
AMANDA C. BAKER
ABAKERCi4WOLLVETZL &W.COM
I am writing this letter on behalf of my clients, Ronald B. Alford and OBX I, LLC in
response to your November 15, 2006 Notice of Violation and Notice of Recommendation for
Enforcement. It is my understanding after speaking to Mr. Thorpe, that your division is
considering taking an enforcement action for a violation of 15 A North Carolina Administrative
Code 2H ,1000. It is my understanding that the basis for your possible action is the regulation
which requires that a storm water permit be obtained for any development activities which
require a Sedimentation/Erosion Control Plan.
Initially, I want to remind you that the site involved represents two separate entities —
OBX I, LLC and OBX III, LLC. Initially there were sit (6) lots in total. Three of the lots are
under development. Three of the lots, as a result of economic conditions, have been transferred
to another entity for purposes of sellizrg the lots. It is not the intention of OBX IIt, LLC to
develop the three lots which are owned by that entity.
These actions were discussed with the local city officials. At that time, it was
represented, and it is still true, that Mr. Alford intended to develop only three of the lots and to
have OBX III, LLC sell the remaining parcels.
Mr, .Alford, on behalf of the entities, received permits from the town of Nags head, North
Carolina on AuQttst 16, 2006, three months after the lots were transferred from OBX L LLC to
OBX 111, LLC (see North Carolina Non -Warranty Deed, Lots 42507 251 and 252, Deed Ref.
6197730, dated May 23.2006).
250 CIVIC CENTER DRIVE, SUITE 100 - COLUbIBUS, OHIO 43215
TELErHOvt : [phone] - FAX: [phone]

The town of Nags Head issued permits without any restrictions or requirements. Those
permits were issued August 16, 2006.
My clients were informed and understood that the developed parcels do not meet the
requirements in place for parcels over one acre that are being developed at the same time by a
single entity. In fact, it was represented to Mr. Alford that a permit as you are seeking would be
requited only if Mr. Alford, OBX III, LLC or anyone else developed the remaining three lots. In
that event and only in that event, would a state permit be required. I assume that in issuing the
permits, the City of Nags Head was aware of all state regulations and would require any and all
necessary permits. No such permits or any other requirements were required mandated by Nags
Head when issuing their permits.
It would appear to me that one Of the problems is that your division and perhaps the
engineer who submitted the plans treated these lots as one project when in fact there are two
separate "projects" — OBX I's three lot development and OBX III's sale of the remaining three
lots.
Obviously, all of my client are anxious to comply with both the spirit and the letter of any
laws and administrative rules and regulations; however, given all of these circumstances and my
clients' adherence to the process as set forth by the authorities from the town of Nags Head in
issuing the initial permits, and his reliance upon their representations in issuing their permits, that
you will determine that a violation has not in fact incurred and that enforcement action is not
necessary. Further. I would hope that you would determine that no such permit would be
required until the remaining three lots, currently owned by OBX III, LLC are developed.
Thank you very much for your anticipated help and cooperation.
If you need any additional information, please let me know. I look forward to hearing
from you.
BHW/scu
Enclosures
cc: Ronald B. Alford, OBX I, LLC and OBX III, LLC

Peslgn & ,-Fig1w,-r1W P.C.
f?O. L3ox 1470
A&q Hawk, AIC27999
!'honer (252) 261-971-1 rv: C250 261-7.170
November 1, 2006 REICOE VED
DWQ
Surface Water Protection NOV — 6 2006
943 Washington Square Mall
Washington, NC 27889 ®WQ-WARO
RE: Stormwater Application of OBX I, LLC
Six Single Family Residences in Nags Head, NC
Dare County
Dear Mr. Al Hodge:
This Stormwater Application was originally submitted to your office in August for SWG01000
but was returned as incomplete. 1 contacted your office to find out which application would be
accepted for this project. Mr. Scott Vincent explained this project was not eligible under
SWG01000 and SWU-101 with supplements was required. Because the control systems are
infiltration swales Mr. Vincent suggested I supply the Infiltration Basin Supplement SWU-103
and a soil report. The Infiltration Basin Supplement is fill -in -the -blank for basins and was a little
difficult to use for swales. Please contact me once you begin your review to discuss the project. In
my opinion no amount of sediment in the swales is acceptable.
Included with this application are:
• One original and one copy of the Stormwater Management Permit Application Form
• One original and one copy of Infiltration Basin Supplement for each BMP.
• Permit application processing fee of $420.
• A detailed narrative description of stormwater treatment/management is included on the
drawing sheet 1 of 1.
• Two copies of plans.
• Two copies of a soil report from S&ME.
If you have any questions or need additional information please feel free to contact me at (252)
261-8714.
SiiAnce�rely, N
I
Melissa A. McAllister, P.E.,

V 0 11 - p SUM

October 9, 2006
OBX 1, LLC
PO Box 7554
Kill Devil Hills, NC 27948
Attention: Mr. David Alexander
Reference: Seasonal High Water Table Assessment Report
Lots 250 through 255 George T. Stronach, Jr.
Nags Head, North Carolina
S&ME Project No. 1054-06-448
Dear Mr. Alexander:
REGOVED
NOV - 6 2006
DWQ-WAR®
S&ME,_ Inc. is pleased to provide you with this report for the Seasonal High Water Table
Evaluations performed on the six above referenced lots on the west side of NC Highway 12
between Hollowell Street and Conch Street in Nags Head, NC. The work was performed in
accordance with the S&ME Proposal Number P4079-06V dated September 22, 2006.
The Seasonal High Water Table Evaluations were performed by advancing hand auger borings to
depths of five feet below existing ground surface at selected locations on these six lots. During
the hand auger advancements, soils were evaluated by a Licensed Soil Scientist for evidence of
seasonal high water table influence. This evaluation -involved _ looking at the actual moisture.
content in the soil and observing the matrix an mottle soil colors. Depending on the soil texture,
the soil color will indicate processes that are driven by seasonally high water table fluctuations,
such as iron reduction and oxidation and organic matter staining.
The soil profile descriptions for these hand auger borings are attached. Also, the seasonally high
water table results along with estimated hydraulic conductivity rates for these soil materials are
shown on Table
SWE. INC. / 3201 Sorino Forest Road / Raleigh, NC 27616 / p 919.872.2660 / 919.876.3958 / www.smeinc.com

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Mrn - 0 5o10a

Seasonal High Water Table Assessment S&ME Project No. 1054-06-448
Six Lots on NC Highway 12
Nags Head, North Carolina October 9 2006
TABLE 1.
Boring No. SH WT Estimated Hydraulic Conductivity
(Inches below Existing Surface) (Inches per Hour)
1 (Lot250) = 36" >20
2 (Lots 251/252) >48" >20
3(Lot 253) =40" >20
4 (Lot254) >48" >20
5 (Lot 254/255) =36" >20
6 (Lot35b tiSS =42" >20
Note: SHWT = Estimate of Seasonal High Water Table
Actual hydraulic conductivity measurements were taken in the Spring of 2006 at nearby Curlew
Avenue and Conch Street as part of a NC DOT Storm water Pilot Project. The unsaturated sandy
material at Curlew Beach Access and Conch Street Beach Access had hydraulic conductivity
measurements by the constant head permeameter of28.24 and 42.74 inches per hour respectively
and should be representative of the unsaturated sandy soil material at this site. The saturated
sandy material at these two beach access locations were measured by shallow well slug tests and
had rates of 13.0 inches per hour at Curlew Ave. and 21.71 inches per hour at Conch St. These
measurements should be representative of the unsaturated and saturated sandy soil material at this
site.
S&ME, Inc. appreciates the opportunity to provide this report on these seasonal high water table and
estimated hydraulic conductivity assessments for you. Please contact us if you have any questions
regarding this report.
Sincerely,
S&ME, Inc.
�- 9��2
ohn R. Davis, Jr., LSS
Project Manager
Ernest F. Par er, Jr.
Senior Reviewer

n. r
0

OBX 1, LLG �a
LOTS 250-255, GEORGE T. 5TRONAGH, JR. REV. FIGURE 1 ® 8 b
�o D.� caa•'rr rroarrr cdvaf.u+.+ SOIL BORING b $
XAn
SITE MAP
STORNAATER ANV 5E5GP i z
GRAPHIC SCALE
H-1 • -- Hand Auger Boring Number

Client:
Project Name:
County:
Location:
Elevation:
Apparent Water Table:
Vegetation:
-Boring Terminated at
S&ME, INC
SOIL PROFILE DESCRIPTIONS
OBX, LLC
George T. Stronach Property
Dare
II- 1
Approx. 9 ft. =1
None
48"
Date;
Project No.
State
Site/Field No.
Seasonal High Water Table:
Slope:
10/6/06
1054-06-448
North Carolina
36"
0%
Horizon
Depth (tin)
Matrix
Mottles
Texture
Structure
Consistence
Notes
Fill
0-28
10YR 514
NA
Fine Sand
Single
Loose
Fill
C
2848
1 OYR 4/2
NA
Fine Sand
Single
Loose
Natural
COMMENTS:
LEGEND: Abbreviations
I OYR 4/2 — Munsell Color Chip #
1

Client:
Project Name:
County:
Location:
Elevation:
Apparent Water Table:
Vegetation:
Boring Terminated at
S&ME, INC
SOIL PROFILE DESCRIPTIONS
OBX, LLC Date:
George T. Stronach Property Project No.
Dare State
H- 2 Site/Field No.
Approx. 8.5 It rnsl
None
Seasonal High Water Table:
Slope:
10/6/06
1054-06-448
North Carolina
>48"
0%
Horizon
Depth (in)
Matrix
Mottles
Texture
Structure
Consistence
Notes
Fill
0-36
1 OYR 4/3
NA
Fine Sand
Single
Grain
Loose
Fill
C
36-48
1 OYR 5/4
NA
Fine Sand
Grail
Loose
Natural
COMMENTS:
LEGEND: Abbreviations
1 OYR 4/2 — Munsell Color Chip #
2

Client:
Project Name:
Court:
Location:
Elevation:
Apparent Water Table:
Vegetation:
Boring Terminated at
S&ME, INC
SOIL PROFILE DESCRIPTIONS
OBX, LLC Date:
George T. Stronach Property Project No.
Dare State
H- 3 Site/Field No.
Approx. 8.5 R. msl
None
48"
10/6/06
1054-06-448
North.Carolina
Seasonal High Water Table: =40"
Slope: 0
Horizon
Depth (in)
Matrix
Mottles
Texture
Structure
Consistence
Notes
Fill
0-20
IOYR 4/3
NA
Fine Sand
Single
Loose
Fill
A
20-28
10YR 3/2
NA
Loam
Granular
Friable
Natural
C
28-48
I OYR 5/3
NA
Fine Sand
Single
Grain
Loose
Natural
COMMENTS:
LEGEND: Abbreviations
I OYR 4/2 — Munsell Color Chip #
7

Client:
Project Name:
County:
Location:
Elevation:
Apparent Water Table:
Vegetation:
Boring Terminated at
S&ME, INC
SOIL PROFILE DESCRIPTIONS
OBY, LLC
George T. Stronach Property
Dare
H-4
Approx. 8.5 fl. msl
None
48"
Date:
Project No.
State
Site/Field No.
10/6/06
1054-06-448
North Carolina
Seasonal High Water Table: a48"
Slope: 0 %
Horizon
Depth (in)
Matrix
Mottles
Texture
Structure
Consistence
Notes
Fill
0-20
1 OYR 4/3
NA
Fine Sand
Single Grain
Loose
Fill
A
20-28
IOYR 3/2
NA
Loam
Granular
Friable
Natural
C
28-48
10YR 5/3
NA
Fine Sand
Single
Grain
Loose
Natural
COMMENTS:
LEGEND: Abbreviations
10YR 4/2 — Munsell Color Chip #
4

Client:
Project Name:
County:
Location:
Elevation:
Apparent Water Table:
Vegetation:
Boring Terminated at
S&ME, INC
SOIL PROFILE DESCRIPTIONS
OBY, LLC Date:
George T. Stronach Property Project No.
Dare State
H- 5 Site/Field No-
Approx. 7.5 ft. msl
Seasonal High Water Table:
None Slope:
48"
10/6/06
1054-061448
North Carolina
36"
0%
Horizon
Depth (in)
Matrix
Mottles
Texture
Structure
Consistence
Notes
Fill
0-18
l0YR 4/3
NA
Fine Sand
Single
Grain
Loose
Fill
C
18-48
IOYR 514
NA
Fine Sand
Grain
Loose
Natural
COMMENTS:
LEGEND: Abbreviations
10YR 4/2 — Mmvsell Color Chip #
5

Client:
Project Name:
County:
Location:
Elevation:
Apparent Water Table:
Vegetation:
Boring Terminated at
S&ME, INC
SOIL PROFILE DESCRIPTIONS
OBX, LLC
George T. Stronach Property
Dare
H-6
Approx. 8.0 tt. msl
None
42"
Date:
Project No.
State
Site/Field No.
Seasonal High Water Table:
Slope:
10/6/06
1054-06-448
North Carolina
42"
0%
Horizon
Depth (in)
Matrix
Mottles
Texture
Structure
Consistence
Notes
Fill
0 42
10YR 4/3
1 OYR 5/3
NA
Fine Sand
Single
Grain
Loose
Fill
1303071 510Z
LEGEND: Abbreviations
i OYR 4/2 — Munsell Color Chip #
6

WQRO
Michael F. Easley, Governor
Williarn G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
&H
August 14, 2006
Mr. David Alexander
P.O. Box 7554
Kill Devil Hills, NC 27948
Alan W. Klimek, P,E. Director
Division of Water Quality
fJ')
sW70(01/J�'
SUBJECT: RETURN
Stormwater Application for OBX I, LLC
Development of 6 lots in Nags Head, NC
Dare County
Dear: Mr. Alexander
This office received a stormwater permit application for the subject project on August 11, 2006.
A preliminary review of your project indicates that the application package is incomplete. The
application submitted for SWG010000 — General Permit for Single Family Residences is designed for
use for individual single lots. This project appears to be the development of 6 lots and does not meet
the requirements for a general permit. Please.submit an application for an individual stormwater
permit. If a low -density permit is requested, also submit a low -density supplement. In order to meet low
density requirements within Y2 mile and draining to class SA waters you may have no more that 25%
impervious coverage and deed restrictions are required. If you cannot meet low -density requirements,
you must submit as a high density project along with an infiltration supplement. Please refer to our Best
Management Practices manual on our web site for design criteria.
We are returning the entire package to you. Once the package is complete you may resubmit.
Please note that the application must be signed by the owner.
You should also be aware that the Stormwater Rules require that a 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 $25,000 per day.
If you have any questions, please feel free to contact me at [phone].
incerel ,
AI Ho
tl a Regional Supervisor
9 9
Surface Water Protection
Washington Regional Office
Enclosure
cc: MjjVV11 Design & Engineering P.C.
,/WaRO
North Carolina Division of Water Quality Internet: wwwtncwateroualitv.ore One
943 Washington Square Mall Phone [phone] NorthCarolina
Washington, NC 27889 Fax [phone] Naturally
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vovi

0YR6
Michael F. Easley, Governor
William G. Ross Jr., Secretay
North Carolina Department of Environment and Natural Resources
1
Y
January 26, 2007
Mr. Ronald B. Alford
OBX I, LLC
P.O. Box 1070
Worthington, OH 43085
Subject: Stormwater Review SW7061104
OBX I, LLC
Dare County
Dear Mr. Alford:
Alan W. Klimek, P.E. Director
Division of Water Quality
This office received a Coastal Stormwater permit application and plans for the subject project on
November 6, 2006. A preliminary review of your project indicates that before a State Stormwater permit can be
issued the following additional information is needed:
1. Each of the infiltration basins (swales) must be designed to hold at least the first 1.5 inches of
rainfall. The basins for areas 2, 3, 4, 5, and 6 do not have adequate storage volumes. The basins
themselves must contain the storage volume. The pore space in the underlying soils cannot be
counted as storage.
2. Area # 7 on the plans shows a swale along the property line. This swale must be located entirely
within the drainage easement.
3. Area # 1 does not show an infiltration swale. Also see comment 2.
4. A swale is normally open ended. But to be used as an infiltration swale the ends have to closed.
Please show this on the plans.
The above requested information must be received in this office prior to February 26, 2006 or your
applications will be retumed as incomplete. The return of these projects will necessitate resubmittal of all required
items including the application fees. If you need additional time to submit the required information, please mail or
fax your request for time extension to this office at the Letterhead address.
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 21-1.1000 and North Carolina
General Statute 143-215.1 and may result in civil penalties of up to $25,000 per day.
If you have questions, please feel free to contact me at [phone],
Sincerely,
R r K. Thorpe
Environmental Engineer
Washington Regional Office
cc: Washington Regional Office
MM Design & Engineering, P.C.
Hags Head Inspections Department
North Carolina Division of Water Quality Internet: www ncwatcraualirv.ora One
943 Washington Square Mall Phone [phone] NorthCarolina
Washington, NC 27889 Fax /252)946-9215 Naturally
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