SW7061104_HISTORICAL FILE_20070108

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW��6
DOGTYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
L
YYYYMMDD

�DF \NATF90 ,Michael F. Easley, Governor
0 9 William G. Ross Jr., Secretary
r- I North Carolina Department of Environment and Natural Resources
>
< Alan W, Klimek, P.E. Director
Division of Water Quality
January 4, 2007
Mr. Ronald B. Alford
OBX I, LLC
P.O. Box 1070 7 D
Worthington, OH 43085 JAl j p Z007
SUBJECT: Acknowledgment of Receipt of Paymefitlly ° ;o
Case No. CV-2006-0024
Residential Development, Nags Head
Dare County
Dear Mr. Alford:
This letter is to acknowledge receipt of check # 1043 from OBX I, LLC in the amount of $1,228.22
received on January 1; 2007. The balance of the penalty is $0.00.
This payment satisfies in full the civil penalty assessment dated December 13, 2006 levied against OBX
I, LLC and this enforcement case has been closed.
Payment of this penalty in no way precludes further action by this Division for continuing or
future violations. You are encouraged to contact Roger Thorpe or Al Hodge with the DWQ'
Washington Regional Office at [phone] for any questions regarding the compliance of the
site.
If you have any questions regarding this letter, please Shelton Sullivan at [phone] ext. 544.
Sincerely,
Shelton Sullivan
NPS Assistance & Compliance Oversight Unit
cc: Al Hodge —DWQ Washington Regional Office Supervisor
Roger Thorpe— DWQ Washington Regional Office Staff t
NPS Assistance & Compliance Oversight Unit File Copy
DWQ Central Files
Nyym��nnCarolina
waturalljl
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.newatemualitv.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 501% Recycledll0% Post Consumer Paper

U.S. Postal Service,. �4C
CERTIFIED MAIL. RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at w .usps.came
Postage k
C3 son
E3 MR
.,
RONALD: •.I
•
PO BOX 0
PS
SW !66Wy'
6 �X �1
1palt.c 0-0-
,"'Postmark
`.—• 'Hare`\
pF�I \°
1 c'
��-$ • aa--sG

V V OLIVE Z LAW V OFFICES, LLC
BARRY H. WOLINETZ
BWOLINETZ a WOLINETZIAW.COM
December 5, 2006
Via Facsimile [phone] and U.S. Mail
North Carolina Dept. of Environment
and Natural Resources
Division of Water Quality
Attn: Al Hodge and Roger Thorpe
943 Washington Square Mall
Washington, North Carolina 27889
RE:
AMANDA C. BAKER
ABAKER@ W OLINETZLAW COM
DEC 0 7 2006
IOU I v -19CO
Ronald B. Alford
OBX I, LLC
Storm Water Project SW7061104
3616 Virginia Dare Trail, Nags Head, North Carolina
Dare County:
Dear Gentlemen,
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 six (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 selling the lots. It is not the intention of OBX III, 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 August 16, 2006, three months after the lots were transferred from OBX 1, LLC to
OBX III, LLC (see North Carolina Non -Warranty Deed, Lots 9250, 251 and 252, Deed Ref.
6197730, dated May 23, 2006).
250 CIVIC CENTER DRIVE, SUITE 100 COLUMBUS, OHIO 43215
TELEPHONE: [phone] - FAx: [phone]

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: OBX 1, LLC
County: Dare County Case Number: CV-2006-0024
Permit Number: SW7061104 (OBX I, LLC Residential Development)
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
Inadequately treated stormwater can potentially add pollution to the waters of the State.
2) The duration and gravity of the violation;
Unknown when construction began but erosion control plan approved February 23, 2006.
3) The effect on ground or surface water quantity or quality or on air quality;
Potential to introduce pollutants to waters of the state.
4) The cost of rectifying the damage;
Unknown.
5) The amount of money saved by noncompliance;
Cost of delayed construction and the cost of constructing adequate stormwater treatment
measures.
6) Whether the violation was committed willfully or intentionally;
Willful and intentional have not been demonstrated.
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
No previous assessments.
8) The cost to the State of the enforcement proc ores.
$ 228.22
Date AI Hodge
Regional Supervisor
Washington Regional Office
REMISSION FACTORS
O Whether one or more of the civil penalty assessments factors were wrongly applied to the detriment of
the petitioner;
() Whether the violator promptly abated continuing environmental damage resulting from the violation;
() Whether the violation was inadvertent or a result of an accident;
O Whether the violator had been assessed civil penalties for any previous violations; and
() Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Date Alan W. Klimek, P.E.

■ Complete items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery Is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
MR RONALD B. ALFORD
OBXI,LLC
PO BOX 1070
WORTHINGTON OH 43085
2. Article;
(ffansh
PS Form
7006 0100
A.
1114 e CJ `- Addressee
B. Aeceived by (Printed Name) C. e o li e
,Qo vs4c 6-
D. Is delivery address different from kem 7? Yes
If YES, enter delivery address below: D No
3. Se Type
Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4.. Restricted Delivery? (Extra Fee)
8379 3983.
February 2004 Domestic Return Receipt
Cl Yes
102595-02-M-1540

UNITED STATES POSTAL SERVICE ^ ,;
• 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

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
required 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 1, LLC and OBX III, LLC

■ Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MR RONALD B. ALFORD
OBX 1, LLC
PO BOX 1070
WORTHINGTON OH 43085
i
A.
e U 'z
Addresses
B. Ascelved by (Printed Name)
C.
e o li e
,QDAIA-1 6- .4c.fo,uo
D. Is delivery address different from kem 1T
Yes
If YES, enter delivery address below:
❑ No
3. Seroce Type
QCertified Mall ❑ Express Mall
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4.. Restricted Delivery? (Extra Fee)
❑ Yes
2. Articlei'—'
(rraasff 7006 0100 0000; 8379 3983
PS Form 3811, February 2004 Domestic Return Recelpt 102595-024-15M

UNITED STATES POSTAL SERVICE
• Sender: Please print your name, address, acid 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

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
A. SigFt l`✓ J
X
S. R ived by (Printed Name)
D. Is delivery address different from ite7117 /U Yes
If YES, enter delivery address below: / ❑ No
'MR RONALD B. ALFORD I
'OBXI,LLC Il
PO BOX 1070
888 HIGH STREET 3. a Type
WORTHINGTON OH 43085 Certified Mal ❑ Express Mail
J ❑ Registered ❑ Return Receipt for Merchandise
❑Insured Mall ❑C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Artk 7006 0100 0000 8379 3990�
PS Form 3811, February 2004 Domestic Return Receipt 102595e2-M-1540

J rrED STATES POSTAL SERVICE First -Class Mail
Postage & Fees Paid
USPS
Perrnit No. G-10
• 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
fill ,ll„rl,i,l„1„11„II„1

http://www. secretary. state. nc. us/corporations/Corp.aspx?Pitemld=7813667
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 [phone]
Corporations
Date: 12/6/2006
*Corporations Home
*Important Notice
Click here to:
*Corporations FAQ
View Document Filings I
*Tobacco Manufacturers
'Print apre-populated Annual Report Form I Annual Report
*Dissolution Reports
Count I File an Annual Report
I
•Non -Profit Reports
*Verify Certification
Corporation Names
°Online Annual Reports
'KBBE B2B Annual Reports
Name
Name Type
Links
NC OBX I, LLC
Legal
*Secretary Of State Home
*Register
Limited Liability Company
Information
for E-Procurement
*Dept. of Revenue
Legislation
SOSID:
0799843
01999 Senate Bills
Status:
Current -Active
•2001 Bill Summaries
*Annual Reports 1997
Date Formed:
8/26/2005
•Corporations 1997
Citizenship:
Foreign
Search
State of Inc.:
OH
*By Corporate Name
•For New Corporation
Duration:
Perpetual
*By Registered Agent
Registered Agent
Online Orders
*Start An Order
Agent Name:
Butler, Betsy
•New Payment Procedures
Registered Office
2406 South Croatan Highway
Contact Us
Corporations Division
Address:
Nags Head NC 27959
*Secretary of State's web site
Registered Mailing
2406 South Croatan Highway
Print
Address:
Nags Head NC 27959
*Printable Page (New Window)
Principal Office
888 High Street
*Printable Page (This Window)
Address:
Worthington OH 43085
•Hide Menu
Principal Mailing
888 High Street
Address:
Worthington OH 43085
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to
Webmaster.
I of 1 12/6/2006 8:38 AM

SOSID: 799843
Date Filed: 8/26/2005 2:14:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200523600491
State of North Carolina
Department of the Secretary of State
APPLICATION FOR CERTIFICATE OF AUTHORITY
FOR LIMITED LIABILITY COMPANY
Pursuant to §57C-7-04 of the General Statutes of North Carolina, the undemigncd limited liability company hereby applies for a
Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following:
1. The name of the limited liability company is OBX I, LLC
and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited
liability company wishes to use is
2. The state or country under whose laws the limited liability company was formed is: OHIO
3. The date of formation was JUNE 14, 2005
4. Principal office information: (Select either a or b.)
its period of duration is: PERPETUAL
a. ❑X The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street 888 HIGH STREET
City, State, Zip Code WORTHINGTON, OHIO 43085 County FRANKLIN
The mailing address, if different from the street address, of the principal office or the corporation is:
b. ❑ The limited liability company does not have a principal office.
5. The street address and county of the registered office in the State of North Carolina is:
Numberand Street 2405 SOUTH CROATAN HIGHWAY
City, State, Zip Code NAGS HEAD, NORTH CAROLINA 27959
County DARE
6. The mailing address, if dii fe►ent from the street address, of the registered office in the State of North Carolina is:
7. The name of the registered agent in the State of North Carolina is: Betsy Butler
8. The names, titles, and usual business addresses of the current managers of the limited liability company are:
(use attachment if necessary)
Name
Ronald B. Alford
Business Address
888 HIGH STREET. WORTHINGTON. OH 43085
(Revised January 2002) (Form L-09)

CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 276260622
APPLICATION FOR CERTIFICATE OF AUTHORITY
Page I
9. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official
having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be less
than six months old. A photocopy of the certification cannot be accented.
10. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution
of its managers adopting the fictitious name is attached.
11. This application will be effective upon filing, unless a delayed date and/or time is specified: UPON FILING
n
This the 29 day of JULY , 2005
OBX LLC
ame ojLimd Li i 'ry Compony
Signature afkfanagiy
RONALD B. ALFORD
Type or Print Name
(Revised January 2002) (Form L-09)

U.S.
Postal
Service.M�
' �{
CERTIFIED
MAIL,.
RECEIPT
(Domestic
Mail
Only;
No Insurance
Coverage
Provided)
0
0
rq
0
Toted Posteoe & Fees
p ent o MR RONALD B. ALFORD
OBX I, LLC
I` 8aeet A PO BOX 1070
or PO B& ...__...
qq' am 888 HIGH STREET
WORTHINGTON OH 43085

waKo
OF WTF A
\O� qo(/ Michael F. Easley, Governor
�9 William G. Ross Jr., Secretary.
t^ North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL November 15, 2006
RETURN RECEIPT REQUESTED
7006 0100 0000 8379 3990
Mr. Ronald B. Alford
OBX I, LLC
PO Box 1070
888 High Street
Worthington, OH 43085
Subject: NOTICE OF VIOLATION / NOTICE OF RECOMMENDATION
FOR ENFORCEMENT
Stormwater Project SW7061104
OBX I, LLC Development at 3616 Virginia Dare Trail in Nags Head, NC
Dare County
Dear Mr. Alford:
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering
taking an enforcement action for a violation of 15 A North Carolina Administrative Code 2H A000. This regulation
states that a stormwater permit is required for any development activities in a Coastal County which require a
Sedimentation/Erosion Control Plan. A file review has confirmed that this development required an erosion and
sediment control plan approval, is located in a coastal County, and is therefore required to have a State stormwater
permit
On November 9, 2006 Mr. Roger Thorpe of this office inspected the site. This inspection revealed that three
of the six proposed buildings have been constructed. This activity constitutes development activity which requires a
State stormwater permit. A State stormwater permit application was received by this office on November 6, 2006 but a
State stormwater permit has not been issued for this project.
Please be advised that this development activity without a valid permit is a violation of 15A NCAC 2H .1003
and may subject you to appropriate enforcement actions in accordance with North Carolina General Statute 143-
215.6A which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation
may be assessed against a person who fails to secure a permit.
If you have an explanation for this violation that you wish to present, please respond to the Washington
Regional Office within 10 days after receipt of this Notice. Your explanation will be reviewed and considered when
making a determination whether to proceed with the enforcement action.
If you have any questions regarding this matter please call me or Roger Thorpe at [phone].
$jnceI ,
AI HodSupervisor
Surface Water Protection
Washington Regional Office
cc: Town of Nags Head Inspecfions
MM Design & Engineering, P.C.
Betsy Butler
Shelton Sullivan
North Carolina Division of Water Quality Internet: www.ncwa(erauarty ore
943 Washington Square Mall Phone [phone]
Washington, NC 27889 Fax [phone]
.One Carolina
Nawrally
An Equal OpportunitylAffirmative Action Employer— 50% RecydWO%Post Consumer Paper

:X
TOWN OF NAGS HEAD
Nags Head -.NC 27959
Financial Responsibility -Ownership Form
Soil Erosion and Sedimentation Control
No person shall initiate any land -disturbing activity which disturbs more than five thousand (5,000)
square feet as covered by the ordinance before this form and an acceptable Soil Erosion and
Sedimentation Control Plan has been completed and approved by the Town of Nags Head.
(Please type or print. If question is not applicable, mark N/A.)
A. Project name b3 X
Location (Highway/Street) 4o r S 25'a - -t 6rnor5a l - ST/L a f^-y
Approximate date land -disturbing activity will commence J -
Pu ose of development (Residential, Commercial, Industrial, etc.)
�t1i
Amount of land to be disturbed or uncovered S'2, 30'o S P
Has a Soil Erosion and Sedimentation Control Plan been filed? YES [�J NO ❑
Person to contact should sediment control issues arise during land -disturbing activity.
Name PA✓E ALEx A4-o E2 Telephone
Z=2- 2[Yq
Landowner(s) of record. (Use blank page to list additional owners.)
Name 06X -Z LC. o- Name 0'e X ( I-C C_
_ .. Address l0 o / O"J o
Address - P. o , 8 o,c / b 7. o
[tib2r7{�w �snr� or/ -lb y3 o(Yf `t3 a 7: S
Recorded in Deed Book ) 63b Page No. 2� %
B. Person(s) or firm(s) who are financially responsible for this land -disturbing activity.
(Use blank page to list additional persons or firms.)
Name OBx Z� Gc G Name
Address yak /d�7o Address
/N0127H/d vTdtu D /FAO c{3 ots—
Telephone & /`/ - V 15- 3 B S / Telephone _
If the financially responsible party is not a resident of North Carolina, give name and street
address of a NoghvGarolina:agent..)L
Name i fMV 9UT-LE/L
Mailing Address
r.o. boh 117
NAGS . NE,40� el. C . Z?9 S `1
Telephone 2rZ- NY/- Zo7 !
Street Address
1,)46J
Telephone

Financial Responsibility -Ownership Form
Soil Erosion and Sedimentation Control
If the financially responsible party is a corporation, give name and
Name Telephone _
Address
Pagetwo
of the registered agent.
If the financially responsible parry is a partnership, give the name and address of each general partner.
(Use blank page to list additional partners.
Name
Address
Name
Address
Telephone
Telephone
Name Telephone
Address
Name Telephone
Address
The above information is true and correct to the best of my knowledge and belief and was
provided by me under oath.
This form must be signed by the financially responsible person if an individual or his attorney -
in -fact; or if not an individual, by an officer, director, partner, or registered agent with
authority to execute instruments for the financially responsible person.
I agree to provide ,corrected information should there be any change in the information
provided herein.
Sac-t i�tAriffai•v 6 m�.vt 6 �r7L.
Type prin n Title or authority
Sigtjrre Date
I, Joyce E. Dietrich , a Notary Public of the County of caj
State of North Caroline, hereby certify that i p m A L D E n l F o R b personally
appeared before me this day and being duly sworn acknowledged that the above form was
executed by him. zo
Witness my hand and notarial seal, this I day of c
Notary CC I Joyce E.
My commission expires F,.p_ln, nc'w q 701
SEAL

is
TOWN OF NAGS HEAD
Planning and Development Department
P.O..-Box 99.
Nags.Head, NC 27959
FAX COVER SHEET
FROM ll'] fflllj°!�
DATE:
# OF PAGES (Including Cover):
*Please call [phone] if errors in transmittal occur.
*Planning & Development fax #: [phone]

f, DIVISION OF WATER QUALITY / WATER QUALITY SECTION
STATE STORMWATER NOTICE OF INTENT
SWG010000 - GENERAL PERMIT FOR SINGLE FAMILY RESIDENCES
State Stormwater Management Application Notice of Intent for coverage under the
General Stormwater Management Permit for Single Family Residence Construction.
For the construction, operation and maintenance of impervious areas associated with
the construction of a single family residence.
(Please print or type)
1.-Mailing address of owner/developer: (The address to which all permit correspondence will be mailed)
Name
Street Addr
City
Telephone
2. Location of proposed project:
Project Name
Contact Person
Street Address
city
County
Telephone No.
3. Physical LocationInformation: ''J�,— SIDE OF NCi� 1N MAv5HEAb. `arc NoF
j-toilowelt '§h t 1P7J Noz a v,� 6orvc14 SrRtC
Please describe how to get to the project, using street names, state road numbers, and the distance
and direction from the nearest major intersection: UJ
4... What is the name of the receiving stream 020unoke SWI-1 J
5. Receiving Stream Classification:
6. This Certificate of Coverage is being submitted as a result of:
NrNew or proposed project ❑ Modification to an existing project
Existing COC or Permit Number:
Date project is scheduled to begin construction: A✓r vst fi 2co6
a
7. What is the total project area above mean high water? 00 0('o ft2
8. What is the total amount of built -upon area proposed on this lot? I`), 7r�b ft2
( 94ClUaNS Pocts)
9. Has the built -upon area been minimized to the extent practicable?
(Z'YES ❑ NO
Form SWU-113-110503

NOTES AND CONSTRUCTION SEQUENCE:
1. CONTRACTOR TO HAVE EXISTING UTILITIES FLAGGED PRIOR TO ANY
GROUND DISTURBING ACTIVITIES AND PRIOR TO PRE -CONSTRUCTION MEETING.
1.-800-632-4949.
2 CLEARING LIMITS TO BE CLEARLY MARKED AND SILT FENCE INSTALLED.
3. AREA TO BE DISTURBED: 52,300 S.F. (1.2 ac)
!4. 9TORMWATER FROM EACH LOT WILL BE DIRECTED BY SHEET FLOW OVER OPEN
SAND INFILTRATION YARDS. INFILTRATION,SWALES ALONG THE COMMON PROPERTY
LINES WIL PROVIDE ADDITIONAL STORMWATER_.DETENTION'"VOLUME'-FOR-EVENTS-IN-�
EXCE�SZ9N HE 10 YEAR STORM. rTHE SWALE VOLUME IS NOT INCLUDED IN THE--
/;DETENTION ALCULATIONS. •`
TOTA_ L�R A LOT 255 = 10,000 S.F.
BUIL ING COVERAGE LOT 255 = 1,644 S.F. (C = 0.95)
CONCRETE COVERAGE LOT 255 = 1,328 S.F. (C = 0.95)
INFILTRATION YARD = 2,221 S.F. (C = 0.1)
TOTAL IMPERVIOUS AREA LOT 255 = 2,972 S.F. (29.7%)
LOTS 254, 253, 252, 251, 250 ARE SIMILAR TO LOT 255
MODIFIED RATIONAL METHOD Q=CIA
Q = VOLUME IN cf TO BE MANAGED
C = RUNOFF COEF. (0:58)- "'
i = RAINFALL EVENTI,(4 in) L�--
A = AREA IN sf
STORMWATER TO BE MANAGED (Q) INCLUDES RAIN FALL OVER INFILTRATION YARDS
LOT 255 Q = 1,004 C.F.
LOTS 254, 253, 252, 251, 250 ARE SIMILAR TO LOT 255
STORMWATER MANAGED BY INFILTRATION YARDS AROUND IMPERVIOUS SURFACES.
SOIL PERMEABILITY IN EXCESS OF 20 IN/HR AND DEPTH TO WATER TABLE IN
EXCESS OF 2'. CONSE� Tj(IVVE_CALCULATIONS USING 10 IN HR TO ACCOUNT FOR
ANY PLANTING OR`MULCH. —y---- r L `� ;• i
INFILTRATION YARD AROUND IMPERVIOUSE SURFACES
LOT 255 = 2,221 S.F. Ylul CAI Jl
vw,,1.
STORMWALR VOLUME_MANAGED IN ONE HOUR = YARD(10 IN/HR)
LOT 255 Q = 0 C.F.
5. SOIL EROSION AND SEDIMENTATION CONTROL AND LANDSCAPING PLAN.
A. TEMPORARY SILT FENCING WILL BE PLACE ALONG THE WEST END OF
DISTURBANCE FOR ALL PROPERTIES AND ALONG THE COMMON PROPERTY LINES
BETWEEN LOTS 254 AND 253 AND BETWEEN LOTS 252 AND 251. SILT FENCE
ALSO ALONG THE NORTH SIDE OF LOT 255 AND THE SOUTH SIDE OF LOT 250
UNTIL SITE IMPROVEMENTS ARE PERMANENTLY STABILIZED.
B. SITE SOILS ARE NEWHAN-URBAN (NuC) DUNE SAND, EXCESSIVELY DRAINED
AS PER DARE COUNTY S.C.S. SOIL MANUAL.
6. SEED AND STABILIZE DISTURBED AREAS AS NOTED BELOW: I
STABILIZATION AND LANDSCAPING: STABILIZED EXPOSED SLOPES WITHIN 21 \
CALENDAR DAYS FOLLOWING COMPLETION OF ANY PHASE OF GRADING;
PERMANENT GROUND COVER FOR ALL DISTURBED AREAS WITHIN 15 WORKING
DAYS OR 90 CALENDAR DAYS (WHICHEVER IS SHORTER) FOLLOWING COMPLETION
OF CONSTRUCTION OR DEVELOPMENT.
A. FERTILIZER: APPLY 3,000 LB/ACRE GROUND AGRICULTURE LIMESTONE AND
500 LB/ACRE 10-10-10 FERTILIZER, TOP DRESS WITH 50 LB/ACRE
NITROGEN.
B. MULCH: APPLY 4,000 LB/ACRE STRAW. ANCHOR STRAW BY TACKING WITH
ASPHALT, NETTING, OR MULCH ANCHORING TOOL.
C. SEEDING/SODDING:
1. TEMPORARY VEGETATION: IF TEMPORARY SEEDING OCCURS DURING
WINTER, EARLY SPRING, OR FALL, APPLY 120 LB/ACRE RYE GRAIN. IF
SEEDING OCCURS DURING SUMMER, APPLY 40 LB/ACRE CENTIPEDE
GRASS.
2. PERMANENT VEGETATION: APPLY COASTAL MIX CONSISTING OF 50
LB/PENSACOLA BAHIA GRASS, AND 10 LB/ACRE GERMAN MILLET. nr(a(
APPLY PERMANENT SEEDING BETWEEN APRIL 1 AND JULY 15. FERTILIZE `J
THE FOLLOWING APRIL WITH 50 LB/ACRE NITROGEN.
3. SODDING: PERMANENT VEGETATION -SELECT COMPATIBLE SPECIES TO DEC
PERMANENT SEEDED TYPE; INSTALL WITH LONGEST DIMENSION
PERPENDICULAR TO THE SLOPE AND STAPLE IF NECESSARY; ROLL SOD
IMMEDIATELY AND WATER TO 4". rn�nrinr
7. MAINTENANCE:
ALL STABILIZED AREAS SHOULD BE CHECKED AFTER EACH SIGNIFICANT
RAINFALL EVENT. RILLS AND GULLIES MUST BE REPAIRED, RE -SEEDED AND
MULCHED AS SOON AS POSSIBLE. TEMPORARY DIVERSIONS MAY BE NECESSARY
UNTIL NEW PLANTS DEVELOP. BARE SPOTS MUST BE RE -LIMED FERTILIZED,
MULCHED AND RESEEDED AS SOON AS POSSIBLE. YEARLY REFERTILIZATION MAY
BE REQUIRED TO MAINTAIN.
8. LOT BOUNDARY INFORMATION AS PER SURVEY PREPARED BY
WILLIAM S. JONES, JR., R.L.S., P.A. 303 WEST ARCHDALE STREET, KILL DEVIL HILLS,
INC, 27948 [phone]
9. ENGINEERS SEAL DOES NOT APPLY TO BOUNDARY, DIMENSIONS, OR SETBACK
INFORMATION. ENGINEERS SEAL APPLIES TO TEMPORARY SOIL EROSION AND
SEDIMENT CONTROL PLAN AND STORMWATER MANAGEMENT.
MM DESIGN
d EN6/NEERING P.G.
P.O. BOX 1470
KITTY HANK, NC
27449
[phone]
L'�_V1 h�
'�lq h
U
12006 Q N
G\�''1�u\iNl z
O
N N
Cv �
10. THERE ARE NO 404 JURISDICTIONAL WETLAND ON THE PROPERTY.

Planning and Development
Department
Ron Alford
OBXI,LLC
PO Box 1070
Worthington Ohio 43085
Town of Nags Head
Post Office Box 99 Telephone [phone]
Nags Head, North Carolina 27959 FAX [phone]
www.townofnagshead.net
February 23, 2006
Re: Soil Erosion and Sedimentation Control Plan for former Jockeys Ridge Candies and Miniature
Golf Demolition, Lots 250-255 George T. Stronach Subdivision
Dear Mr. Alford:
This office has reviewed the Soil Erosion and Sedimentation Control Plan for the above referenced project
located at 3616 S. Virginia Dare Trail. The plan is approved with the following conditions:
• Silt fence shall be supported by posts, six feet or less on center
• Temporary or permanent seeding shall be mulched with 4000lb. straw per acre and shall be
anchored by mulch anchoring tool
• Provisions for ground cover shall be provided within 15 working days or 90 calendar days of
completion ofconstruction
• This Departmentmust be notified prior to bringing in fill material.
• If land disturbing activities are completed outside of permanent seeding dates, temporary vegetation
seeding specifications shall be followed for planting until the next appropriate permanent seeding
period.
• If additional measures to restrain erosion by wind or water are required, measures shall be installed
as directed by the engineer or local government official.
The submitted plan is approved with the additional conditions above. A copy of this plan approval letter
with conditions must be attached to the approved plan.
This letter serves notice that no person shall willfully resist, delay, or obstruct an authorized representative or
employee of the Town while inspecting or attempting to inspect the site. Inspections will be made from time
to time to ensure compliance with the plan. In accordance with Section 28.17 of the Town of Nags Head
Code of Ordinances, revisions to the plan and its implementation may be required if it is determined that
this plan is inadequate to control erosion and sedimentation. Protecting adjacent properties and the Town's
natural resources are the goals of the Town's Erosion and Sedimentation Control Ordinance.
If now, or during the process of construction, you have any questions or concems, please don't hesitate to call
me at 441-7016.
Sin erely,
CodeIlen
Code
Compliance
DEC 112006
0WQU - VVQR/

FP:f:-' 3-20'uE ;=-3;U-P* FR')M:V�LAHHING & CEVELCFMF 252a414290
70:9916144330960
r'
Fin ar:•ciai Responsibility -Ownership Form
Soil Erosion anti Sedimentation Control
JWN OP NAGS HEAD
Negs Head-NIC 27959
Na person shall initiate any land -disturbing activity which disturbs more than five thousand (7,000)
square feet ;Li covered by the ordinaica before this form and an accepit:ble Soil Erosion and
Sedimornadon Control Plan has been completed mid approved by the Town Of Nags Ilead.
(Piess( type , r print. if question is riot applicable, mark l;`I/A.)
A. Proiectin nie 46
J ✓ > _T
l,o•,atioil ;[-7ighway/strcct '1 �''11'jp if iniGi i1r2�.rl
Approximate date land -disturbing activity will commence —
?aiposc e f development (Residential, Commercial, industrial, eta)
kn;ount a f land to be disturbed or uncovered
Ha; a Soi Erosion and Sedimentation Control Plan been filed? YES F; tv0
Pei ion to .ontact should sediment control issues arise during land -disturbing activity.
Naine J_oj{,v DE�p—_.—� Toephone
2Sz - yyl-ziiy
Landown< r(s) of record, ((.Jae bionic page to list additional owners.)
N;ure _o T l 20
�Lo Z0, Name
pBx
A d tress - / • O�BrJX- 1070
Acdress--_--.
Recorded ui Deed Book -_--_--
Page No.
P. Per:;:m(s) )r firm(s) who are financially responsible for this land -disturbing activity.
(Lts� blard. page to list additional persons or firms.)
laQf4.--�_ 4D�_. J Name----- ----� Adib'e/)�
ss ' 10.0, 1
0 79 Address
WoNoldto DdT
Telaplloilt _(01--1-._Lig4_-3 g.&..I .. Telephone..:.(� 14- O Cy -If the Hirai:cially respousiblc petty i; not a resident of lorth.Carolina, give lianas raid street
add,%:;s u1 a North Carolina agent. I
Nar:ie--���_..jS—�i2 �— Tt l�K
Mai knb A 1dress S rant Address
Whe> S_N?�A9_N G ..__2? 9 S'9 --

FER-.23-2000 03:05P FR]M:PLRNNING & bEVELOPME 2524414290 .'C:9916144330990 P.3
Fir+ancla: Rerp+ns46fllty-Ownarehip Form ^---�_�—_po$e wa
Snil l 0.110n an' l Sedimentation Control
Tf dw financially responsible party is a corporation, give name and addroas c f the roglstorod ugeai
Name s i,rr Telephone _
Address.��ani �L�diljfl 6(Jf✓r' It4A+��)G GY_A1�tE,G
If the financially responsible parry is a Partnership, give the name and addrei a of each general partner.
(Use blank page to list additional pamers.
Name TM Telephone
Address —
Name
Address
Name `
Address
' `- — Name
Address
Telephone
Telephone
Telephone
The above information is true and correct to the boat; of my knowlet to wid belief and was
provided by mr. under oath.
This form mu8, be signed by the financially responsible person if an iru i tidual or his attorney -
in -fact; or if not an individual, by an officer, director, partner, ur registcrcd agent wicki
autttoriN to ex(cute instruments for the financially responsible person.
1 agree w provide corrected information should there be any chu'3s in the information
Provided herein.
Type print name Title or a onry y
Signatu : y " 1]ate
_ _, a Notary Public of the coul .ty o
Slate of T+letia hereby certify chat _ _ personally
appeared beibr;,me This day and being duly sworn aelmo wlodged that Th ; above form was
executed by hba. r
Witni_ss my hand and nota ied, seal, this
Nokvy �^
My 0':nM l ;;slon expires
SEAL
TiVM�ER1�
=* *=4RrboablMltigtis
r•�- � Rrovtk0 �� IDO
60 30Vd OOSSV ONV NVHonvA 0860£Ebb T9 TEt9T 900L/EL/L0

F�
TO KI/W 'u-eei 2S<'-YKI-YZ`r o
FROM
SPA. Lt4g-3 S18/
DATE Z123 ° L
REGARDING
rMw"GrA-c ✓z��o��rrs�
�7-/
�b�,,;
040AX
SS Imo(, J
-FV-s Foe �ome ) f+,L ', T
TO 39Cd OOSSV QNd NVHgnVA 0860EEVV19 TE:9T 900L/EL/L0

z LA � Um�'
qr

FAX COVER SHEET
TO: UFM
FROM Lll l } 1r�� DEC 1 1 2006
DATE: /�
# OF PAGES (Including Cover):
REGARDING: Z7�iii i jl, �'d/ 21-n1il')l/Al1M f n4 ---- -
- -- ... hC 6 4 -�� ri
*Please call [phone] if errorgin transmittal occur.
*Planning & Development fax #: [phone]
�i✓G'�7 VIG� �!�
�In
G,, 4f-- 1
I, Pf,5 0iZ- I I

FAX COVER SHEET
TO: �� n
FROM I` 1 rn 416
# OF PAGES (Including Cover):
*Please call [phone] if errors in transmittal occur.
*Planning & Development fax #: [phone]
Gnu o ��fs �q ✓��
;+ rZ 6�
Z,,j� ori.��Gl� ovl aV-)

ORDINANCE NO. 06-04-010
BOC April 5, 2006
Addendum "D"
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE TOWN OF NAGS HEAD, NORTH CAROLINA
BE IT ORDAINED by the Board of Commissioners of the Town of Nags Head, North Carolina,
that the Code of Ordinances shall be amended as follows:
PART I. That Section 34-2 Applicability of chapter provisions be amended to read as
follows:
(a) The provisions of this chapter are applicable to all new development and/or redevelopment
within the jurisdiction of the town, except where such development or redevelopment is under a
stormwater management plan approved by the town at the time of adoption of the ordinance from
which this chapter derives, and except that the following, when appropriate design and
construction practices to minimize off -site impacts of stormwater runoff are employed, shall not be
regulated by this chapter:
—(1) Construction -of detached single -family -and duplex residential -structures, -which are -not part of
a commercial or multifamily development, on lots lawfully existing and recorded at the time of
adoption of the ordinance from which this chapter derives, or on lots approved hereafter by the
town in accordance with the subdivision provisions in chapter 38 of this Code, and where the
natural elevation of the development lot is not increased by more than three feet, and
(2) Redevelopment of existing land uses which were lawful at the time of adoption of the
ordinance from which this chapter derives, where such redevelopment is consistent with the
zoning regulations of chapter 48 of this Code covering redevelopment and nonconformities.
(b) For new construction of single family and duplex structures where the natural elevation has
been increased by more than three (3) feet by the deposit of fill material on the property, on -site
stormwater management facilities shall be designed and constructed to retain and infiltrate the
run-off from the first two (2) inches of a storm event.
(c) Fill shall not be permitted to exceed base flood elevation and in areas in which there is no
base flood, fill shall not exceed the amount required for wastewater permits required by the Dare
County Health Dept. or two (2) feet above natural elevation, whichever is higher.
(d) The construction and use of bulkheads, walls, and other structural controls to retain the
placement of fill on property shall only be permitted (1) in the immediate area of the on -site
sewage disposal system as approved by the Dare County Health Department for the installation of
such system, and (2) in only those areas of the property where the naturally occurring slope is 3:1
or greater in steepness.
PART II. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.
PART III. This ordinance shall be in full force and effect immediately upon adoption on the 5"'
day of April, 2006.
M. Renee Cahoon, Mayor

ORDINANCE NO. 06-04-010
BOC April 5, 2006
Addendum "D"
ATTEST:
Carolyn F. Morris, Town Clerk
APPROVED AS TO FORM:
uonaici i. McKee, Jr., sown Attorney
Date adopted: April 5, 2006
Motion to adopt by Commissioner
---- - -- ----- - - - -- --
Motion. seconded by Commissioner
Vote: AYES NAYS

NOTES AND CONSTRUCTION SEQUENCE:
1. CONTRACTOR TO HAVE EXISTING UTILITIES FLAGGED PRIOR TO ANY
GROUND DISTURBING ACTIVITIES AND PRIOR TO PRE -CONSTRUCTION MEETING.
1,-800-632-4949. 1
2 CLEARING LIMITS TO BE CLEARLY MARKED AND SILT FENCE INSTALLED. ;
3. AREA TO BE DISTURBED: 52,300 S.F. (1.2 ac)
�4�TORMWATER FROM EACH LOT WILL BE DIRECTED BY SHEET FLOW OVER OPEN
SAND INFILTRATION YARDS. INFILTRATION.SWALES ALONG THE COMMON PROPERTY
LINES WIL PROVIDE ADDITIONAL ST�ORMWATER„.DETENTION'VOCUME''FOFi-EVENTS'Iht�
EXC S HE 10 YEAR STORM. {THE SWALE VOLUME IS NOT INCLUDED IN THE/
", �`DETENTION ALCULATIONS. `-,....-�-------
OTA� LIAR A LOT 255 = 10,000 S.F.
BUi ING COVERAGE LOT 255 = 1,644 S.F. (C = 0.95)
CONCRETE COVERAGE LOT 255 = 1,328 S.F. (C = 0.95)
INFILTRATION YARD = 2,221 S.F. (C = 0.1)
TOTAL IMPERVIOUS AREA LOT 255 = 2,972 S.F. (29.7%)
LOTS 254, 253, 252, 251, 250 ARE SIMILAR TO LOT 255 '
MODIFIED RATIONAL METHOD Q=CiA
Q = VOLUME IN cf TO BE MANAGED
C = RUNOFF COEF. (0:58)- '
I = RAINFALL EVENT%'(4 In) \•
A = AREA IN sf
STORMWATER TO BE MANAGED (0) INCLUDES RAIN FALL OVER INFILTRATION YARDS
LOT 255 Q = 1,004 C.F.
LOTS 254, 253, 252, 251, 250 ARE SIMILAR TO LOT 255
STORMWATER MANAGED BY INFILTRATION YARDS AROUND IMPERVIOUS SURFACES.
SOIL PERMEABILITY IN EXCESS OF 20 IN/HR AND DEPTH TO WATER TABLE IN
EXCESS OF 2'. CONSEUgy TIVE CALCULATIONS USING 10 IN/HR TO ACCOUNT FOR
ANY PLANTING OR`�LCH7—-'— —
INFILTRATION YARD AROUND IMPERMOUSE SURFACES I'lu l Cr�GL�T l' c
LOT 255 = 2,221 S.F. �I v�``V1
STORMWATER VOLUME MANAGED IN ONE HOUR = YARD 10 IN/HR)
LOT 255
5. SOIL EROSION AND SEDIMENTATION CONTROL AND LANDSCAPING PLAN. Url A. TEMPORARY SILT FENCING WILL BE PLACE ALONG THE WEST END OF
DISTURBANCE FOR ALL PROPERTIES AND ALONG THE COMMON PROPERTY LINES
BETWEEN LOTS 254 AND 253 AND BETWEEN LOTS 252 AND 251. SILT FENCE
ALSO ALONG THE NORTH SIDE OF LOT 255 AND THE SOUTH SIDE OF LOT 250
UNTIL SITE IMPROVEMENTS ARE PERMANENTLY STABILIZED.
B. SITE SOILS ARE NEWHAN-URBAN (NuC) DUNE SAND, EXCESSIVELY DRAINED
AS PER DARE COUNTY S.C.S. SOIL MANUAL.
MM DE5/GN
E EN6/NEER/NG P.G.
P.O. BOX 1470
KITTY HAYYK, NC
27F4Q
[phone]
1
6. SEED AND STABILIZE DISTURBED AREAS AS NOTED BELOW:
STABILIZATION AND LANDSCAPING: STABILIZED EXPOSED SLOPES WITHIN 21
CALENDAR DAYS FOLLOWING COMPLETION OF ANY PHASE OF GRADING; .
PERMANENT GROUND COVER FOR ALL DISTURBED AREAS WITHIN 15 WORKING _
DAYS OR 90 CALENDAR DAYS (WHICHEVER IS SHORTER) FOLLOWING COMPLETION vim_
OF CONSTRUCTION OR DEVELOPMENT.
A. FERTILIZER: APPLY 3,000 LB/ACRE GROUND AGRICULTURE LIMESTONE AND QQ
500 LB/ACRE 10-10-10 FERTILIZER, TOP DRESS WITH 50 LB/ACRE X
NITROGEN.
B. MULCH: APPLY 4,000 LB/ACRE STRAW. ANCHOR STRAW BY TACKING WITH N
ASPHALT, NETTING, OR MULCH ANCHORING TOOL. �C V
C. SEEDING/SODDING:
1. TEMPORARY VEGETATION: IF TEMPORARY SEEDING OCCURS DURING +C
WINTER, EARLY SPRING, OR FALL, APPLY 120 LB/ACRE RYE GRAIN. IF
SEEDING OCCURS DURING SUMMER, APPLY 40 LB/ACRE CENTIPEDE
GRASS.
2. PERMANENT VEGETATION: APPLY COASTAL MIX CONSISTING OF' 50
LB/PENSACOLA BAHIA GRASS, AND 10 LB/ACRE GERMAN MILLET. v
APPLY PERMANENT SEEDING BETWEEN APRIL 1 AND JULY 15. FERTILIZE Q
THE FOLLOWING APRIL WITH 50 LS/ACRE NITROGEN.
3. SODDING: PERMANENT VEGETATION -SELECT COMPATIBLE SPECIES TO O
PERMANENT SEEDED TYPE; INSTALL WITH LONGEST DIMENSION ,
PERPENDICULAR TO THE SLOPE AND STAPLE IF NECESSARY; ROLL SOD t `
IMMEDIATELY AND WATER TO 4". v
7. MAINTENANCE:
ALL STABILIZED AREAS SHOULD BE CHECKED AFTER EACH SIGNIFICANT J
RAINFALL EVENT. RILLS AND GULLIES MUST BE REPAIRED, RE -SEEDED AND
MULCHED AS SOON AS POSSIBLE. TEMPORARY DIVERSIONS MAY BE NECESSARY
UNTIL NEW PLANTS DEVELOP. BARE SPOTS MUST BE RE -LIMED FERTILIZED,
MULCHED AND RESEEDED AS SOON AS POSSIBLE. YEARLY REFERTILIZATION MAY �( Q BE REQUIRED TO MAINTAIN. O
B. LOT BOUNDARY INFORMATION AS PER SURVEY PREPARED BY O w
WILLIAM S. JONES, JR., R.L.S., P.A. 303 WEST ARCHDALE STREET, KILL DEVIL HILLS,
NC, 27948 [phone]
9. ENGINEERS SEAL DOES NOT APPLY TO BOUNDARY, DIMENSIONS, OR SETBACK �\
INFORMATION. ENGINEERS SEAL APPLIES TO TEMPORARY SOIL EROSION AND t�
SEDIMENT CONTROL PLAN AND STORMWATER MANAGEMENT.
1
10. THERE ARE NO 404 JURISDICTIONAL WETLAND ON THE PROPERTY. (1
O'IL,
Q
0
4