HomeMy WebLinkAboutSW8091003_HISTORICAL FILE_20100409STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 Q) I003
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
10\00�0q
YYYYMMDD
AM A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins.
Governor Director
April 9, 2010
Mr. William Neal Lewis, CPRP, Director
New Hanover County Parks Department
230 Government Center Drive, Suite 120
Wilmington, NC 28403
Subject: Permit No. SW8 091003
New Hanover County Parks — Smith Creek
Low Density Stormwater Project
New Hanover County
Dear Mr. Lewis:
Dee Freeman
Secretary
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for New Hanover County Parks — Smith Creek on March 5, 2010. Staff
review of the plans and specifications has determined that the project, as proposed, will
comply with the Stormwater Regulations set forth in Session Law 2008-211 and Title
15A NCAC 2H.1000. We are forwarding Permit. No. SW8 091003 dated April 9, 2010,
for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be
subject to the conditions and limitations as specified therein, and does not supercede
any other agency permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact either Ms. Aisha Lau or me at (910) 796-7215.
Sincerely,
`. Georgette Scott
f—tg-`l Stormwater Supervisor
Division of Water Quality
GDS/ahl: S:\WQS\STORMWATER\PERMIT\091003.apr10
cc: Mr. Brian Riley — Thomas & Hutton Engineering Co.
New Hanover County Inspections
Beth E. Wetherill, New Hanover County Engineering
Mr. Jim lannucci — New Hanover County Engineering
Wilmington Regional Office
Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796-72151 FAX: 910-350-2004 \ Customer Service: 1-877-623-6748
Internet: w .ncvvaterquality.org
An Equal Oppoeunity \ Affirmative Action Employer
NorthCarolina
naturally
State Stormwater Management Systems
Permit No. SW8091003
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
New Hanover County Parks Department
New Hanover County Parks — Smith Creek
Harris Road, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of a 24% low density development in
compliance with the provisions of Session Law 2008-211 and Title 15A NCAC 2H .1000
(hereafter referred to singly and collectively as the "stormwater rules') and the approved
stormwater management plans and specifications, and other supporting data as
attached and on file with and approved by the Division of Water Quality and considered
apart of.this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
This permit covers the construction of a total of 589,356 square feet of built -upon
area. Of this total, the built -upon area for the future development is limited to
449,456 square feet.
The overall tract built -upon area percentage for the project must be maintained at
no more than 24%, as required by Section .1005 of the stormwater rules.
Approved plans, application, supplements and specifications for projects covered
by this permit are incorporated by reference and are enforceable parts of the
permit.
4. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
Where the flowrate in a swale exceeds 2 fps, a mechanism to prevent erosion
shall be provided at the end of the swale, prior to discharging into the 50' buffer,
surface waters or wetlands.
6. No piping is allowed except that minimum amount necessary to direct runoff
beneath an impervious surface such as a road or to provide access.
Page 2 of 5
State Stormwater Management Systems
Permit No. SW8091003
7. Projects covered by this permit will maintain a minimum 50-foot-wide vegetative
buffer adjacent surface waters, with the exception of the proposed walking trail
that will circumnavigate the lake and is to be placed on top of where a historic
mining road existed. The width of the buffer is measured horizontally from the
normal pool of impounded structures, from the bank of each side of streams or
rivers, and from the mean high water line of tidal waters, perpendicular to the
shoreline.
Due to property limit constraints and the fact that the path existed prior to the
existence of vegetative buffer requirements, a variance from the vegetative buffer
requirement has been granted for the construction of the walking trail between
29+75 to 32+70 where the proposed path is to be located as far from the water's
edge as project constraints allow.
8. All runoff directed into and through the vegetative buffer must flow through the
buffer in a diffuse manner.
9. All runoff directed into wetlands shall flow into and through the wetlands at a non -
erosive velocity.
10. Roof drains must terminate at least 50' from surface waters.
II. SCHEDULE OF COMPLIANCE
The permittee shall not allow any person, including the permittee, to alter any
part of the approved stormwater management system or fill in, alter, or pipe any
drainage feature (such as swales) as shown on the approved plans, except for
minimum driveway crossings, unless and until the permittee shall have submitted
a modification to the permit and received approval from the Division of Water
Quality.
2. The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area.
3. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of the project area, in whole or in
part. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f. Filling in, altering or piping any vegetative conveyance shown on the
approved plan, except for minimum driveway crossings.
Page 3 of 5
State Stormwater Management Systems
Permit No. SW8091003
Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and operational for their intended use prior to the construction of any
built -upon surface.
6. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at optimum
efficiency to include:
a. Inspections
b Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of.side slopes in accordance with approved plans and
specifications.
8. Prior to the sale or subdivision of this project, in whole or in part, the permittee is
required to submit a permit modification.
9. Construction of additional built -upon area in excess of 589,356 square feet will
require a permit modification. Construction of additional impervious areas such
that low density requirements are no longer met must be submitted to DWQ and
a permit modification must be issued prior to construction. An engineered system
will be required to collect and treat the runoff from all built -upon area associated
with the project, including that area permitted under the low density option.
10. Within 30 days of completion of the project, the permittee shall certify in writing
that the project has been constructed in accordance with the approved plans.
11. The permittee shall submit all information requested by the Director or his/her
representative within the time frame specified in the written information request.
III. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General
Statute 143-215.1 et. al.
Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the latest version of the North Carolina
Erosion and Sediment Control Planning and Design Manual.
Page 4 of 5
State Stormwater Management Systems
Permit No. SW8091003 '
6. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
reissuance of the permit to change the name and incorporate such other
requirements as may be necessary. In the event of a name or ownership
change, a completed Name/Ownership Change form must be submitted to the
Division of Water Quality, signed by the parties involved, and accompanied by
appropriate documentation as listed on page 2 of the form. The approval of this
request will be considered on its merits, and may or may not be approved.
7. The permittee is responsible for compliance with all permit conditions until the
Director approves the permit transfer. Neither the sale of the project, in whole or
in part, nor the transfer of common area to a third party, shall be considered an
approved permit transfer request.
8. The permittee grants permission to DENR Staff to enter the property for the
purpose of inspecting all components of the stormwater management facility.
9. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes at least 30 days prior to making such changes.
10. The issuance of this permit does not preclude the Permittee from complying with
and obtaining any and all permits or approvals as required by any statutes, rules,
regulations, or ordinances, which may be imposed by any other Local, State or
Federal government agency having jurisdiction. Any activities undertaken at this
site prior to receipt of the necessary permits or approvals to do so is considered
a violation of NCGS 143-215.1, and subject to enforcement procedures pursuant
to NCGS 143-215.6.
Permit issued this the 9th day of April, 2010.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
- -
for Coleen H. ull� ins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 091003
DWQ USE ON LY
Dat " Received
Fee Paid
Perinit Number
0 0
0
it
z o
ApplicableRules:
(select nll that apply)
❑ Coastal SW -1995
❑ Non -Coastal SW- HQW/ORW
❑ Other WQ M not Plan:
Sn Coastal SW
Waters
-2008 06 Ph 11 - Post Construction
❑ Universal Stormwater Msnagenxart Plan
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
Viis fimrr nwy be photoeopicrl firr use as mr origaieal
I. GENERAL INFORMATION
1. Project Nano (subdivision, facility, or eslablishmenl name- should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
New Hanover County Parks - Smith Creek
2. Location of Project (slrnsll address):
Harris Road (SR 2117)
Ci ly:Wilminlrtoll Counly:New Hanover Zip:28411
3. Directions to project (Irom nearest major intersection):
A nproximately 0.65 miles north from the in lersecti on of Gordon Road (SR 1327) & Harris Road (SR 2117) on
4. Latitude:340 15' 41" N Longitude:770 52' 55" W of the main entrance to the project.
IL PERMIT INFORMATION
1. it. Specify whether project is (check one): ®New ❑Modification
b.11 this it pill ica lion is lei lie, submi tied as the result of a modification to an existing permit, list the existing
permit number , its issue date (if known) , and the status of
construction: ❑Nut Started ❑Partially Completed' ❑ Completed' *provide a designer's certification
2. Speedy the type of projua (check one):
®Low Density ❑High Density ]Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of it previously returned application or a letter from DWQ
requesting a state Stormwater management permit application, list the slormwater project nunhher, it
assigned, and the previous name of the project, if different than currently
proposed,
4.a. Additional Project Requirements- (chuck applicable blanks; information on required stale Permits can be
obtained by contacting the Customer Service Center Lill-i77-623-6745):
❑CAMA Major ®Sedimentation/Erosion Control: 9_3 ac of Disturbed Area
❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts
b.11env of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue dale and the type of each Permit:
O C T 0 2 2009
Form S\VU-Illy Version 07.1uly2009 Page I of-6
BY:
III. CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the project):
Applicant/Organi rat ion: New Hanover County Parks Department
Signing Official lir Ti0e:William "Neal' Lewis. CPRP. Director
b.Conlact infornwlion for person listed in item la above:
Street Address:230 Government Center Drive, Suite 120
Cily:Wilminvton State:Norlh Carolina Zip:28403
Mailing Address (ifnpplico6le):same as above.
City: Slate: Zip:
Phone: (910 ) 798-7620
Email:nlewis@nhci',)v.com
Fax: (910 ) 798-7621
c. Please chca.k the appropriate pox. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee' (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser"' (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
26 below)
❑ Developer` (Complete Contact Information, item 2a and 26 below.)
2. a. Print Properly Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:
Signing Official & Title:
b.Conlact information for person listed in item 2a above -
Street Address:
City: Slate: Zi
Mailing Address (if applicable):
CitN'. Stale: Zi
Phone ( ) Fax: ( )
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organi
Signing Official & Title:
b.Contacl information for person listed in item 3a above:
Mailing Add
City
Phone:
Email:
Slate: Zi
Fax:
4. Local jurisdiction for building permits: New Hanover Count
Point of Contact: Phone #: (910 ) 798-7450
Form SWIJ-101 Version 07.luly2009 Pagc 2 0l 6
I.V. PROJECT INFORMATION
1. In the space provided below, briefiv summarize how the stormwater runoff will be treated.
Stormwater will be treated via roadside/conveyance swales, overland sheet flow, and an existing pond.
2. a.lf claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUD Approval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date.
b.Identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW - 1995 ® Ph 11 - Post Construction
3. Stormwater runoff from this project drains to the Cape Fear River basin.
4. Total Property Area: 92.1 +/- acres 5. Total Coastal Wetlands Area: 0 acres
6. Total Surface Water Area: 35.8 +/- acres
7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project
Area+: 56.3 +/- acres
+ Total project Wren shall be calculated to exclude the follozoing the normal pool of innppounded structures, the area
bcteoeen the banks of streams and rivers, the area below llre Normal High Water (NW) line or Mean High Water
(MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant Frroject area is used to
calculate overall percent built upon area (BLIA). Non -coastal wetlands landward of the NHW (or MHW) line rnny
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 24
9. How many drainage areas does the project have?l (For high density, count 1 for each proposed engineered
stormwater BMP. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four 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
Drainage Area
Drainage Area
Receiving Stream Name
Smith Creek
Stream Class *
C;Sw
Stream Index Number *
18-74-63
'
Total Drainage Area (so
2,455,650
On -site Drainage Area (sf)
2,455,650
Off -site Drainage Area (sf)
0
Proposed Impervious Area** (so
589,356
ly, Impervious Area** total
24
Impervious** Surface Area. -
Draina >e Area _
Draina g e'Area,
Drainage Aran
Draina >e Area _
On -site Buildings/ Lots (so
2,170
On -site Sheets (so
0
On -site Parkin (sf)
55,215
On -site Sidewalks (so
82,515
Qtherven-Bile-(gfj Future Parking
5,100
Future (sf)
444,356
Off -site (so
0
Gxistin BUA*** (so
0
Total (so:
589,356
Stream Class and Index Number can be delennined at: bftp://Ir2o.enrstate.nc.us/biros/rrports/reyortsWl3.htrnl
" 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 07July2009 Page 3 ol'6
""" Report only that mrnnunt of existing 13 LIA that will remnin after develolanent. Do not report aany existing 13LIA that
is to he removed and 7111lidn will be replaced by new BUA.
11. How was the off -site impervious area listed above determined? Provide documentation.
Proiects in Union County: Contact DWQ Central Offrce staf/7n check i/'the project is /Denied within n Threatened &
Endangered Species watershed that mar be subject to more stringent stornnrater requirements as per NCAC 02B .0600.
V. SUPPLEMENT AND O&M FORMS
The applicable stale stormwaler management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
fromhlln://fi2o.enrstete.nc.us/su/ban fonns.htm.
VI. 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. A detailed application instruction sheet and BMP
checklists are available from hllp://h2o.enrslale.nc.us/su/bap fonns.hlm. The complete application
package should be submitted to the appropriate DWQ Office. (The appropriate office may be found by
locatingprojectonlheiiiteractive.oniine mapalhttp://ii2o.enr.stat(!.iic.us/su/msi maps.htm.)
Please indicate that the following required information have been provided by initialing in the space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from hltn://l12o.eiirslalc.nc.us/su/bap fonns.htm.
1. Original and one copy of the Slormwater Management Permit Application Form.
2. Original and one copq of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per part VII below)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to
hitp://www.envlielp.org[_paecs/onestopexl,ress.litnil for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application me43ing.)
5. A detailed narrative (one to two pages) describing the stormwaler treatment/management
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within'/z mile of the site boundary, include the'h
mile radius on the map.
7. Sealed, signed and dated calculations.
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
a North arrow.
I. Scale.
g. Revision number and dales.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the. MHW or NHW line of tidal
waters, and anv coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing, contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and stormwater control measures.
in. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identily the person who
made the determination on the plans.
n. Existing drainage (including ofl_ site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required).
Form SWIJ-101 Version 07July2009 Page4 of6
"als
1J tfir
9. Copy of any applicable soils report with the. associated SH WT elevations (Please identify plk
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5'x11" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the inliltralion rate.
(Infiltration Devices submitted to WiRO: Schedule a site Visit liar DWQ toVerifil the SHWI' prior
to submittal, (910) 796-7378.)
10. A copy of the most current properly deed. Deed book: 3358 Page No: 546
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC lU I /f
Secretary of Slate or other of Iicial documentation, which supports the titles and positions held
by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 21-1.1003(e). The
corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of Slate, otherwise, the application will he returned.
hllp://ww",.sL rt,tary.state.nc.us/Corporations/CSoarcii.asi,x
VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate properly rest riclioils and protective
covenants are required to be recorded prior to the sale of any lot. It lot sires vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot sire, and the allowable built -upon area must be.
provided as an attachment to the completed and notarized deed restriction form. The appropriate deed
restrictions and protective covenants forms can he downloaded from
http://li2o.enr.state.nc.us/su/bmp torms.htm#deed restrictions. Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, 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 NC DWQ, and that they will be recorded prior to the sale of any lot.
VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this scv-lion if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that thev may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer:lack D. Reel, P.E., LEEDO AP
Consulting Firm: Thomas & Hinton Eneineerinf' Co.
Mailing Address:219 Station Road, Suite 101
City: W it mini ton State:Norlh Carolina Zip:28405
Phone: (910 1 332-3360 Fax: (910 ) 332-3361
Emaii-rcel.ja thomas-hullon.com
IX. PROPERTY OWNER AUTHORIZATION (if Con tact lafornmtion, item 2 has been lledouI, annldete this
section)
1, (print or type name ofperson listed in Contract hrlbrnrntion, iterrr 2a) , certify that 1
own the properly identified in this permit application, and thus give permission to (print or type nnrne ofpersou
listed io Contact bifmnation, iterrr 1a) with (print or type name of organization listed io
Contract Inforoultion, iteru 1h) to develop the project as currently proposed. A copy of
the lease agreement or pending properly sales contract has been provided with the submittal, which indicates the
party responsible for the operation and maintenance of the stormwater system.
Form SWU-101 Version 07.1uly2009 I'age 5 of 6
As the legal property owner 1 acknowledge, understand, and agree by my signature bolow, that if my designated
agent (entity lisled in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DWQ Stonnwaler permit reverts back to
me, the property owner. As tilt, property owner, it is my responsibility to notify DWQ immediately and submit it
completed Name/Owncrship Change Form within 30 days; otherwise I will be operating it stormwaler treatment
facility without it valid permit. 1 understand that the operation of it stormwaler treatment facility without it valid
permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including
the assessment of civil penalties of up to $25,000 per dav, pursuant to NCGS 143-215.6.
Date:
it Notary Public for the Stale of , County of
do hereby certify that
before me this_ day of
personally appeared
and acknowledge the due execution of the application for
a stormwaler permit. Witness my hand and official seal,
SEAL
My commission exp
X. APPLICANT'S CERTIFICATION
I, (print or type nmee ofperson listed in Contact 6if rnuntiou, item 2) William "Neal" Lezuts
certify 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 conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of the
applicable stormwaler rules under 15A NCAC 21-1.1000, SL 2006-246 (Ph. II - Post Construction) or SL 2008-211.
Date: 9. /. o
^ 1 ifla, County of
NCL/ /tAr)VVt do hereby certify that WI/h /iM WAJ LLGa/:J personally appeared
before me thisi—day of -6i0p L ,J09 and acknowledge the due cXiaeu lion of tile, it pill ica tion for
it stormwaler permit. Witness my hand and official seal,
SEAL
My commission expires
Form SWU-101 Version 07.Iuly2009 Page 6 (it 6
NEW HANOVER COUNTY
OFFICE OF THE COUNTY MANAGER
230 GOVERNMENT CENTER I)R STE 195
WILMINGTON, NORTH CAROLINA 28403-1732
TELEPHONE (910) 798-7184
FAX (910) 798-7277
February 8, 2010
Ms.'Geotgette Scott, Stormwater Supervisor
North Carolina Department of Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Request for a 30-Day Permit Extension for Smith Creek Park
Dear Ms. Scott:
BRUCE T. SHELL, CPA
County Manager
ANDRE' R. MALLETTE
Assistant County Manager
CHRIS COUDRIET
Assistant County Manager
New Hanover County is requesting a thirty (30) day pert -nit review extension for the
proposed Smith Creek Park situated on the mitigation property off Harris Road. The
reason for this extension is to finalize the deed restrictions with the United States Corps of
Engineers as well as all permitting requirements associated with the declaration of
jurisdictional waters that could affect the NCDENR Stormwater permit.
The deed restrictions were originally imposed on the property in the form of a Non -
Warranty Deed dated G June, 2002, when the property was transferred from the University
of North Carolina at Wilmington to New Hanover County. A copy of the original deed
restrictions is attached for your use.
New Hanover County has been working with representatives from the USACOE to
modify the deed restrictions via an addendum to the deed. These modifications are based
on the actual park construction and intended use now that a design and adequate funding
are in place. The original perpetual deed restrictions will remain in place with the addition
of the collaborative effort between New Hanover County, USACOE and NCDENR as to
the park design, untended uses and ongoing management.
A major factor in this funding is a grant that New Hanover County Parks Department has
received to complete construction of a park on this site. This grant was awarded by the
Parks and Recreation Trust Fund through a competitive process and will provide an
outstanding resource to the citizens of New Hanover County. The grant imposes
additional restrictions and requirements on the property including substantial progress of
the park to be completed within one year of awarding the grant (November 2010).
The design we have brought forward takes into consideration the cumulative land
disturbance activities on the site. The design disturbs the least amount of additional land
while still providing a safe park environment. A tremendous amount of planning and
effort went into satisfying the NCDENR mine reclamation, stormwater, USACOE
regulations as well as minimizing further impacts to the property.
A thirty -day extension will allow New Hanover County to finalize the deed restrictions and
clarify the jurisdictional waters requirements with the USACOE. New Hanover County
will then submit a revised plan or request an exemption from the buffer requirements if
deemed necessary.
If you have any questions regarding the foregoing information, please contact our office.
Sincerely,
-: 34�/
Bruce T. Shell
County Manager
c: Andre R. Mallettc, Assistant County Manager
Chris Coudriet, Assistant County Manager/
Jim McDaniel, Parks and Gardens Diretor
Jim Iannueei, PE, CFM, County Engineer
File
Via Hand Delivery
THOMAS & HUTTON ENGINEERING CO.
219 STATION ROAD
SUITE 101
WILMINGTON, NORTH CAROLINA 28405-3713
TELEPHONE (910) 332-3360
FAX (910) 332-3361 REr'.g 1�/1 �010
March 5, 2010
Ms. Aisha H. Lau
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Request for Additional Information
Stormwater Project No. SW8 091003
Smith Creek Park
New Hanover County
J-20523.0004.303
Dear Ms. Lau:
We are in receipt of your request for additional information dated December 7, 2009. On
behalf of New Hanover County Parks Department, we offer the following in response to your
comments:
The end of Swale #3 has been labeled on the plans. The Swale terminates parallel with
the water surface along the bank and is graded to create a zero slope "trough' in an effort
to reduce velocities and promote diffuse flow as the "trough' fills up with water. This is
in keeping with guidance provided by the regional office staff on past projects.
Additionally, an energy dissipater will be provided at the pipe end (#2) based on the 25
year flow (see section 4.2 of the previously submitted stormwater report). The
combination of the energy dissipater and the 100 linear feet of zero slope swalc should
adequately reduce velocities below 2 feet per second.
RECEIVED
MAR 0 5 2010
BY:
N:A20523.0004VDoc%VCorrespondenccANCDENR-Lau-L"r-rcSubmittal(SW) 3-5-I O.docx
SAVANNAH, GEORGIA • CHARLESTON, SOUTH CAROLINA • MYRTLE BEACH, SOUTH CAROLINA • BRUNSWICK, GEORGIA
Ms. Lau
NCDENR
March 5, 2010
Page 2
2. A copy of the USACOE jurisdictional determination letter and plat is enclosed as
requested. A 30' buffer around the lake has been shown on the revised plans since the
project has been determined to be a redevelopment project pursuant to the various emails
and meetings with County Engineering regarding the history of the site. The trail has
been revised on the southwest side of the lake from station 44+50 to 47+00 and station
52+50 to 53+50 to be outside of the 30' buffer. Based on the recent site meeting and
email correspondence, the trail cannot be relocated outside the buffer on the northwest
end of the lake from station 29+75 to 32+70 due to site constraints. Subsequently, on the
County's behalf, we would like to request a variance for this portion of the trail. A
detailed narrative is attached for justification of the variance.
3. The effect of the revisions to the trail location on the southwest side of the lake noted
above are negligible and thus did not require any changes in BUA or previously
submitted applications and calculations. We have included two sets of the revised plans
sheets for your review along with the responses above.
Please review this information along with the variance request and revised plans and, if
everything is in order, we respectfully request NCDENR approval. Please feel free to contact me
at (910) 332-3402 should you have any questions or comments. Thank you for your time and
assistance with this project.
Sincerely,
THOMAS & HUTTON ENGINEERING CO.
Brian Riley
Project Manager
JDR/kap
Enclosures: As listed above
cc: Sara Burroughs (Haden Stanziale, P.A.)
Jim lannucci (New Hanover County Engineering)
N:\20523.0004\Does\Correspondence\NCDENR-Lau-L'I'-rcSubmittal(SW) 3-5-I0.doex
Johnson, Kelly
From:
Lau, Aisha
Sent:
Friday, February 26, 2010 10:29 AM
To:
Scott, Georgette
Cc:
Johnson, Kelly; Lewis,Linda
Subject:
RE: Stormwater Pond ?
Thankfully my project is low density, and with the Corp's deed restrictions would never be able to go to high
density, so they're not using the old pit for treatment.
Also, I was able to talk to Robert a few minutes ago, and confirmed that we are able to do all variances for our
non NSW (just a very small portion of the Neuse in Carteret County is NSW) projects here in the region. For
the purposes of implementing the 2008 coastal rules, there is no Zone or Zone 2. All applicants requesting a
variance simply provide the information requested for all variances, and we use our BPJ to make the call.
From: Scott, Georgette
Sent: Friday, February 26, 2010 10:13 AM
To: Lau, Aisha
Cc: Johnson, Kelly
Subject: FW: Stormwater Pond ?
Aisha,
I am forwarding to you because the project below is similar to your project near Gordon Road. Thought you
needed to see the discussion below about the conversion of borrow pits.
Gcorgeuc Smli
Slommaler 1'rotimim Supcnisor
slate slornmaler 1'rolmaw
NC Division orwater Qm ily
127 Cardinal Drive ENt.
Wilwinlrion, NG 28405
Phone (910) 796-7335
I'as (910) (1.5(Q00 t
@'wail vol I"pondeuee to and front Ihis addles ulay he sohjccl to the North Candina Public Re, oid_s Lnv:wd wary be dis, lw'cd to (hi, d patlies
From: Patterson, Robert
Sent: Friday, February 26, 2010 9:35 AM
To: Lewis,Linda; Bennett, Bradley; Vinson, Scott; Scott, Georgette; Johnson, Kelly; Dumpor, Samir
Subject: RE: Stormwater Pond ?
That sounds fine. They could install gabions without much disturbance to create a forebay.
From: Lewis,Linda
Sent: Thursday, February 25, 2010 2:59 PM
To: Patterson, Robert; Bennett, Bradley; Vinson, Scott; Scott, Georgette; Johnson, Kelly; Dumpor, Samir
Subject: RE: Stormwater Pond ?
I seem to remember something about the use of existing natural ponds as BMP's, and that we would not have
them go in and disturb the pond to build a shelf if the pond was stable and vegetated. I'll make sure the water
body they want to use is stable and if not, then I'll require the installation of a shelf and stabilization of the
slopes.
e��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 16, 2010
Mr. Bruce T. Shell, County Manager
New Hanover County — Office of the County Manager
230 Government Center Drive, Suite 195
Wilmington, NC 28403-1732
Subject: Request for a 30-Day Additional Information Request Extension
Stormwater Project No. SW8 091003
New Hanover County Parks — Smith Creek
New Hanover County
Dear Mr. Shell:
Dee Freeman
Secretary
The Wilmington Regional Office received your letter requesting a 30-day extension for
providing required additional information via e-mail on Monday, February 8, 2010. My
supervisor, Ms. Georgette Scott, recognizes that working through an acceptable deed
restriction compromise can be a time consuming process, and is therefore granting your
request.
The information originally requested on December 7, 2009 should now be received in
this Office prior to Monday, March 8, 2010, or the application will be returned as
incomplete. The return of a project will necessitate resubmittal of all required items,
including the application fee.
Please reference the State assigned project number on all correspondence. All original
documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at (910) 796-7331 or email me at aisha.lau@ncdenr.gov.
Sincerely,
��/4
Aisha Lau
Environmental Engineer
S:\WQS\STORMWATER\LETTERS\2010\091003 time extension.feb10
cc: via e-mail — Mr. Jim lannucci, PE, CFM, County Engineer
via e-mail — Mr. Brian Riley — Thomas & Hutton Engineering Co.
Wilmington Regional Office Stormwater File
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: 910-796-7215 \ FAX: 910-350-2004 \ Customer Service: 1-877-623-6748 NOrthCarottril
Internet:w .nmaterquality.org aFury//I,
An Equal Opportunity\ Affirmative Action Employer _ [[✓L/
Smith Creek Variance Narrative
On behalf of New Hanover County, we would like to request a variance for the encroachment of a
10' paved multi -use pedestrian trail into the 30' Buffer around the existing Smith Creek Lake site.
The site is a recently deactivated sand mining quarry and former borrow site for the construction
of Interstate 40 dating back to the mid 1980's.
New Hanover County purchased the property in 2002, prior to the buffer rules being in place,
with the intent of completing the mining operations followed by preserving and protecting the site
for use as a public park to the citizens of New Hanover County. The length of the encroachment
for the requested variance is approximately 295 linear feet (from centerline station 29+75 to
32+70). The pedestrian pathway location is proposed in the already existing cleared and
maintained quarry access road. We would like to maintain this proposed location for the
following reasons:
The proposed property is unique in that the pedestrian trail location will be placed on an
existing soil road around the former mine. Both the road and a portion of the mine have
been in existence since the mid 1980's. Placement of the trail on the existing soil road is
in harmony with the intent of the requirements as the development of the park will
improve and protect water quality on the site through stabilization of the existing soil
road and other bare areas on the site. Furthermore, the existing road creates an
opportunity to minimize land disturbance and protect the existing vegetation which is, not
only in keeping with the state buffer rule requirements but also in keeping with the
wishes of NCDLNR Land Quality and the Army Corps of Engineers. Placing the trail on
the existing soil road will allow the County to accomplish these goals and provide a safer
environment that is available to the public.
This portion of the trail is actually located beyond the parcel limits owned by the County.
Subsequently, the County purchased and secured a defined greemvay casement
agreement for the future trail from the adjacent neighborhood development in 2006 that
limits the trail location along the subject area. The trail is proposed as far away as
possible from the lake in this location allowed by the casement and other site constraints
that are discussed below. .
The area to the immediate east of the proposed trail location is an existing rear yard swale
for the adjacent development and is immediately bordered by the adjacent homes.
Movement of the trail location to the east in order to get to the outer edges of the buffer
would cause relocation of the existing swale closer to the existing homes and would also
disturb what is currently a stable drainage conveyance. Additionally, the County would
likely have to negotiate additional easement width for the trail.
• The site's use as a quarry since the mid 1980's, the location of the existing quarry road,
the adjacent residential development and greemvay easement acquisition all occurred
prior to the establishment of the Coastal Stormwater Buffer rules which was adopted in
October of 2008.
MAR 0 5 2010
Johnson, Kelly
From:
Lau, Aisha
Sent:
Monday, June 14, 2010 10:40 AM
To:
Riley, Brian
Cc:
Johnson, Kelly
Subject:
RE: Smith Creek - SW8091003
Howdy Brian,
Sorry I didn't get back to you sooner, but I was out of the office from Wednesday afternoon on last
week.
A quick review of the Smith Creek permit showed that there are still 449,456 square feet of future
BUA allocated in the permit, so using 4,909 square feet for the emergency boat ramp doesn't use up
this allocation. Since the amount of BUA has already been accounted for in the permit you will only
need to submit 2 sets of revised, stamped, signed, and sealed plans along with your project narrative
at this time. After those plans are approved a cover letter detailing how much future BUA is left will
be returned along with the approved plans.
FYI - If at any time in the future the amount of future BUA is exceeded, that would require a permit
modification and fee. I have also CC:d my team lead so that she has a heads up that this project will
likely be showing up in the very near future since I won't be here after July 8, 2010 due to my position
being eliminated due to a reduction in force action.
Take care,
Aisha
From: Riley, Brian[mailto:riley.b@thomasandhutton.com]
Sent: Wednesday, June 09, 2010 9:55 AM
To: Lau, Aisha
Subject: Smith Creek - SW8091003
Hey Aisha,
The referenced project has been modified slightly to include an emergency boat ramp to the lake in the
unfortunate case of their needing to be a rescue effort. The overall drainage concept did not change.
Calculations have been modified to match the revision. I've attached a pdf of the overall site plan and
updated project narrative. We would like your direction on whether this needs to be submitted as a permit
modification with new application, fee, etc or will it treated as,a revision.
Thanks in advance for your time and help.
Brian Riley
Project Manager
Thomas & Hutton
vvvv v.ihomasondhutton.com
rilev.b@thomasandhution.com
(P) 910-332-3402 (F) 910-332-3361
"Relationships and Solutions for Success"
PRIVILEGED AND CONFIDENTIAL. This electronic message and any attachments are confidential property of Thomas & Hutton The information is
intended only for the use of the person to whom it is addressed Any other interception. copying. accessing, or disclosure of this message is prohibited
If you have received this message in error, please immediately notify Thomas & Hinton and purge the message received. Do not Porward this rnessage
without permission
North Carolina
Beverly Eaves Perdue
Governor
December 7. 2009
r
NCDENR
Department of Environment and
Division of Water Quality
Coleen K Sullins
Director
Mr. William Lewis, CPRP, Director
New Hanover County Parks Department
230 Government Center Drive, Suite 120
Wilmington, NC. 28403
Subject: Request for Additional Information
Stormwater Project No. SW8 091003
New Hanover County Parks — Smith Creek
New Hanover County
Dear Mr. Lewis:
Natural Resources
Dee Freeman
Secretary
The Wilmington Regional Office received and accepted a State Stormwater
Management Permit Application for New Hanover County Parks — Smith Creek on
October 2, 2009. A.preliminary in-depth review of that information has determined that
the application is not complete. The following information is needed to continue the
stormwater review:
1. Please clearly show where Swale #3 ends on the plans. Since the calculated
velocity at the end of the swale exceeds 2 fps a diffuse flow condition needs
to be shown in order to prevent erosion on the steep slope -that it is draining
to.
2. Please provide a copy of the approved USACE jurisdictional delineation. If
the delineation shows that the lake is jurisdictional waters then a 50'foot
vegetative buffer will need to be shown from the normal pool elevation of the
lake. If the 50 foot buffer is required then all BUA currently shown within the
buffer would need to be modified accordingly.
3. Please remember that a change to one number may have a domino effect on
other numbers. Please check all plans, calculations and forms and make
changes as needed.
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received in this Office prior to Thursday,
January 7, 2010, or the application will be returned as incomplete. The return of a
project will necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail, email or fax your
request for a time extension to the Division at the address and fax number at the bottom
of this letter. The request must indicate the date by which you expect to submit the
required information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
!Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
lone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748
imet:w .ncvvaterquality.org
\tat Opportunity 1 Affirmative Action Employer
None
rthCarolina
Naturally
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at (910) 796-7331 or email me at aisha.lau@ncdenr.gov.
Sincerely,
A-611
Aisha H. Lau
Environmental Engineer
GDS/ahl: S:\WQS\STORMWATER\ADDINFO\2009\091003.dec09
cc: via e-mail — Mr. Jack D. Reel, P.E.
Wilmington Regional Office Stormwater File
Page 2 of 2
Date:
fr
Project Location: OR,Lmmo_4cY_l I Add info reouired (vesk)-oA. Date received
V Symbols for completing form: ' ✓'= Yes/OK ' x'= No/Deficient 'n/a' or T or'/'
Rule(s) Subject (check all that applly
❑ 1995 Coastal Cir 2008 Coastal (wow ❑ Phase II ❑ Universal
Paperwork: Pyor)
U'�Check for $505 (must be no older than 6 months)
CKApplication form with correct/original signatures (original plus 1 copy). If Corporation or LLC also:
o Print the info from the NCSOS
o Either, 1.) The applicant is listed on the NCSOS with his/her correct title or, 2.) A notarized letter of
authorization has been provided: L
ll ySupplements (1 original per BMP). BMP type(s): lk n 50t 4 r,ANO , a"X)P.T`
�&M with correct/original signatures (1 original per BMP, except le& spreaders/filter strips alld swales) M LD
eo restrictions (if outparcel or subdividing) (original plus 1 copy) b�VPIO�'+nt
o Deed restriction template (signed and notarized) or
o Proposed Declaration of Covenants and Restrictions (signed and notarized)
,OoSo report identifying the SHWT
p upporting calculations, signed & sealed (if necessary)
29 Receiving stream classification: C 0�3 If SA or ORW also:
o SA: USGS topo map with t site, the receiving waters and the %: mile radius shown to scale.
Mo ORW: 575 ft of MHWL for Area of Environmental Concern and max BUA per rule.
odifications: 1.) If built: Designer's Cert., 2.) If partially built: Partial Cert., 3.) If not built: No Cert. needed.
Development Type (check all that apply):
❑ Residential or 13Kommercial ❑ De restrictions match?
❑ Subdivision or O'§ingle Lot ❑ eed restrictions match?
❑ High Density or ltow Density Deed restrictions match?
4R ❑ Offsite project ❑ Redevelopment ❑ Modification ❑ Exempt
NlA ❑ NCG02 (bulkhead) ❑ NCG03 (clear/grade) ❑ NCG04 (linear)
Density:
❑iSUA calculations include common areas, clubhouse, sidewalks, etc.
CL BUA W c)AA Matches high/low density requirement for rule and receiving stream class.
Ci No obvious math errors
If High Density: Design storm correct for rule and receiving stream class.
ans, si ried and sealed (2 sets):
�wo sets received ❑ Layout (with proposed BUA dimensions)
�r C9ading Drainage area map (all HD systems & curb outlet swales)
O<Vicinity map project Boundaries 2-1Cegend
Ctl/Wetlands:
,w� Delineated on plans o "No wetlands onsite" on plans
❑ Details:
o Roads o Cul-de-sacs o Curbing o Sidewalk
o BMPs/ Level spreaders/ Filter strips/ Curb outlet swales o Buildings (Apts or Condos)
Offsite Projects:
❑ De ner's Certification has been submitted for the Offsite BMP receiving the runoff from the project.
C43,Aleed restrictions have been recorded and a copy submitted for the Offsite BMP permit..
Lot size has not changed from what was approved under the Master Plan.
❑ Correct lot number is referenced on the supplement form.
❑ Offsite system is in compliance with its permit, if known.
Infiltrali6h Projects:
C] Soils report: SHWT, soil type, and expected infiltration rate are provided.
❑ DWQ has conducted a site visit? Date:
Wet Po s: Permanent Pool Meets One of the Following:
Is located no lower than 6" below the estimated SHWT.
❑ Incoming.groundwater is quantified and evaluated, AND Storage volume verified, AND Outlet evaluated for free
drainage to the receiving waters under SHWT conditions.
Decision eck one):
Complete: Return file to admin (Jo Casmer) to log in. (Stamped in received date = BIMS date)
❑ Slightly incomplete: E-mail consultant, request information to be returned within one business day (24 hours after
request. Info requests on Friday, allow a return on the following business day). If info not returned, issue an
application return letter and give everything to admin. (Add info received date = BIMS date)
0 Substantially incomplete: Issue an application return letter and give everything to admin.
1
f i
Via Hand Delivery
THOMAS & HUTTON ENGINEERING CO.
219 STATION ROAD
SUITE 101
WILMINGTON, NORTH CAROLINA 28405-3713
TELEPHONE (910) 332-3360 F,
FAX (910) 332-3361 REID G V V I Z Z009
1:41
October I, 2009
Ms. Jo Casmer
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Stormwater Permit Application
Smith Creek Park
New Hanover County
J-20523.0004.303
Dear Ms. Casmer.
On behalf of New Hanover County Parks Department, we are pleased to submit the
Stormwater Management Permit Application for the above referenced project. The following
items are included for your review:
• Permit application processing fee of $505.00, Check No. 21 147;
• Original and one (1) copy of the completed Stormwater Management Application Form;
• One (1) original of the Low Density SW401 Supplement Form;
• One (1) copy of the USACOE Jurisdictional Determination Request;
• One (1) copy of Stormwater and Erosion Control Design Considerations including
Project Narrative and Vicinity Map;
• Two (2) copies of the Stormwater and Erosion Control Specifications;
• One (1) copy of Deed; and
• Two (2) copies of Site Development Plans. _
OCR 0 2 2009
MM
N:\20523.0004\Does\Correspondence\NCDEN R-Casmer-L'r-Subini ttal(SW) 10-1-09.docx
SAVANNAH, GEORGIA • CHARLESTON, SOUTH CAROLINA • MYRTLE BEACH, SOUTH CAROLINA • BRUNSWICK, GEORGIA
Ms. Jo Casmer
NCDENR
October 1, 2009
Page 2
Please review the application, and if everything is in order, we respectfully request
NCDENR approval. Please feel free to contact me at (910) 332-3360 should you have any
questions or comments. Thank you for your time and assistance with this project.
Sincerely,
THOMAS & MUTTON ENGINEERING CO.
9JD. ReclP.E.LEEDOAP
ington Branch Manager
JDR/kap
Enclosures: As listed above
cc: Sara Burroughs (Haden Stanriale, P.A.)
N:\20523.0004\Dots\Correspondence\NC DEN R-Casmer-Ur-Submittal(SW) 10-1-09.doex
* S&ME
Corps Submittal Cover Sheet Celebrating 35 Years
Please provide the following info: 1973 . 2008
Project Name: Smith Creek Park
New Hanover County — Neal Lewis
2. Name of Property owner/Applicant: 230 Government Center Drive, Suite 120
Wilmington, NC 28403
910-798-7620
Paul Masten — S&ME, Inc.
3. Name of Consultant/Agent: 6409 Amsterdam Way, Building B-3
Wilmington, NC 28405
910-799-9945
"Agent Authorization needs to be attached
4. Related/Previous Action ID Number(s): SAW-1996-2823
5. Site Address: Harris Road (PEE) R03500-006-004-000)
6. Subdivision Name: N/A
7. City: Wilmington
8. County: New Hanover
9. Lat: 34.2851 IN Long: 77.8572 ° W (Decimal Degrees Please)
10. Quadrangle Name: Scotts Hill
11. Waterway: Smith Creek
12. Watershed: NE Cape Fear River — 03030007
13. Total site acreage: Approx. 92 acres
14. Total wetland/waters area: Approx. 10-15 wetland, approx 60 open water
Market Street north, right on Gordon Road, right on Harris Road,
15. Directions to site: entrance to site is approx 0.5 mile on left with chain link fence labeled
Ogden Sand Mine
15. Requested Action:
Nationwide Permit #
General Permit #
X Jurisdictional Determination Request
Pre -Application Request
OCZ 0 2 2009
SWE, INC. / 6409 Amsterdam Way, Building 83 / Wilmington, NC 28405 / p 910.799,9945 7910.799.9958 / w .smeinc.com
11-08;11:67PN; ;8107987821
S
AGENT AUTHODUZATION FORM
Data: February 6, 2009
Project Information
S&MB Project Name: Six New Hanover County Park Sites
Type of Project: Wetlands and Waters of the U.S. Delineation
Location: New Hanover County, North Carolina
Property Owner/Representative Information
Business Name: Now Hanover County
Mailing Address: 230 66J6—OM&Jr
City, State, Zip Code: IiJ 1 Uvt ,, I k d>J U L
Telephone No. q -79 8 . —76Zo
Contact: Neal Lewis
Agent Information
Street Address:
6409 Amsterdam
City, State, Zip Code:
Wilmington, NC:
Telephone No.
9I0-799A945
Contact:
Mr. Paul Masten
Authorization: I 1 J on behalf of
(Contact )
,�Ctv �IjgooVm hereby authorize
(Name of Landowner or Represent
S&ME to act as agent with the USCAE and NCDENR in
connection with the above -mentioned project.
SCALE: NOT TO SCALE
CHECKED BY: PAM
BY: JNS
Note: Site sketch obtained from MapQuest®
SITE VICINITY SKETCH FIGURE
SMITH CREEK PARK NUMBER
WILMINGTON, NORTH CAROLINA 1
DATE: 3-31-08
S&ME PROJECT NUMBER:
d
01-9
Sewer Line
Easembn't
14
X!.-
N
k 41
1. 7
rl
+
To,
BI-41
Approximate Locafidfi-',,
of b Su ject ite: 41
iw-
4
4
T. t . ... ..
1,4
03
i
1•
F� � � \I n
I'',,
Jix+i
Note: Site plan obtained from topozone.com
SCALE: NOT TO SCALE USGS TOPOGRAPHICAL MAP (1:50,000 SCALE) FIGURE
CHECKED BY: PAM SMITH CREEK PARK NUMBER
DRAWN BY: JNS
E WILMINGTON, NORTH CAROLINA 4
DATE: 3-31-08 S&ME PROJECT NUMBER: 1068-08-321S
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Smith Creek Park Date: 3/27/08
Applicant / Owner:_ New Hanover County County: New Hanover
Investigator: S&ME-Paul Masten State: NC
Do normal circumstances exist on the site? Yes t__�No Community ID:19
Is the site significantly disturbed (Atypical situation)? Yes_ No Transect ID:
Is the area a potential problem area? Yes_ No Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator
I. Acrr rvbrir� r.44ty-
2. n .a�{n�4 •SL.y r4c41
3.
4. Q%. c r;da
ort
R
Dominant Plant Species Stratum Indicator
11
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). IcU"�a
HYDROLOGY
Recorded Data (Describe In Remarks):
Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
_ Aerial Photographs
Primary Indicators:
Other
_ Inundated
_Saturated in Upper 12"
_ No Recorded Data Available
Water Marks
Drift Lines
Field Observations:
Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: A11— (in.)
Secondary Indicators:
/+
Depth to Free Water in Pit: (in.)
✓Oxidized Roots Channels in Upper 12"
Water -Stained Leaves
Depth to Saturated Soil: w 9
(in.)
Local Soil Survey Data
_yFAC-Neutral Test
_ Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase): A%J(O i1e., S��d�
S%•cr:•,i Drainage Class: YfrS '?a • /� H d
Taxonomy (Subgroup): 74�
Confirm Mapped Type? Yes_ No ✓
Profile Description:
Depth Matrix Colors
Mottle Colors Mottle Texture, Concretions,
(inches) Horizon I Munsell Moist
(Munsell Moist) Abundance/Contrast Structure, etc.
i2
&o`/o �t•-�.in..�yJO:ti4n.CS
Hydric Soil Indicators:
Histosol
tic Epipedon
Concretions
!/High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor
_Organic Streaking in Sandy Soils
_ Aquic Moisture Regime
_Listed On Local Hydric Soils List
_ Reducing Conditions
_Listed on National Hydric Soils List
�iGleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
6
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes L_�No _
Wetland Hydrology Present? Yes ✓ No _
Hydric Soils Present? Yes ✓ No
Remarks:
Is the Sampling Point
Within a Wetland? Yes ✓ Io
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Smith Creek Park Date: 3/27/08
Applicant / Owner: New Hanover County County: New Hanover
Investigator: S&ME — Paul Masten State: NC
Do normal circumstances exist on the site? Yes No Community ID: LP
Is the site significantly disturbed (Atypical situation)? Yes_ No ✓ Transect ID:
Is the area a potential problem area? Yes_ No Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species
1.LX rr[ca %ecv, 3
2._ rra cm ew V •n Vf
3.
4.•.
Stratum Indicator
1, so,5
sue' F4C,
Dominant Plant Species Stratum Indicator
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-).
Remarks:
0 Div -a
HYDROLOGY
Recorded Data (Describe In Remarks):
Stream, Lake, or Tide Gauge
_ Aerial Photographs
Other
— No Recorded Data Available
Field Observations:
Depth of Surface Water: 1V OP-C (in.)
Depth to Free Water in Pit: >/ 6 (in.)
Depth to Saturated Soil: �'/ ib (in.)
Remarks:
Wz.l1,4 L7ary i0 J) n_ r TkYsro f-
Wetland Hydrology Indicators
Primary Indicators:
_ Inundated
_Saturated in Upper 12"
Water Marks
_ Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators:
Oxidized Roots Channels in Upper 12"
Water -Stained Leaves
_ Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
SOILS
Map Unit Name /
�vr ¢/err.
,� �t
"�+
(Series and Phase): e c
0;4fou4 Drainage Class:
Taxonomy (Subgroup): Sg aT (� �{z.�sF
�1 = Confirm Mapped Type? Yes_ No
Profile Description:
Depth Matrix Colors
Mottle Colors Mottle Texture, Concretions,
(inches) Horizon Munsell Moist
(Munsell Moist) Abunclance[Contrast Structure. etc.
0-9 _ 4 iot�!
s�
13 jortil u''I
so
Hydric Soil Indicators:
Histosol
_ Concretions
Histic Epipedon
High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor
_Organic Streaking in Sandy Soils
Aquic Moisture Regime
_Listed On Local Hydric Soils List
Reducing Conditions
_Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors
Other (Explain in Remarks)
Remarks:
Nyjr•G Sv S j,• pr�Sa t
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes _ No Is the Sampling Point
Wetland Hydrology Present? Yes _ No ✓ Within a Wetland? Yes_ No �i'
Hydric Solis Present? Yes _ No
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Smith Creek Park
Date: 3/27/08
County: New Hanover
Applicant / Owner: New Hanover County
Investigator: S&ME— Paul Masten
State: NC
Do normal circumstances exist on the site? Yes L--' No
Community ID: oet(s' C
Is the site significantly disturbed (Atypical situation)? Yes_ No
Transect ID:
Is the area a potential problem area? Yes_ No
Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species
Stratum Indicator
Dc
s_%p/'.r_ Acid
1a
3.
11
Stratum Indicator
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-).
Remarks:
HYDROLOGY
_ Recorded Data (Describe In Remarks):
_ Stream, Lake, or Tide Gauge
_ Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth of Surface Water:°'` (in.)
Depth to Free Water in Pit: (in.)
Depth to Saturated Soil: $ (in.)
Remarks:
Wetland Hydrology Indicators
Primary Indicators:
_ Inundated
aturated in Upper 12"
_ Water Marks
Drift Lines
_ Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators:
Oxidized Roots Channels In Upper 12"
_ Water -Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
SOILS
Map Unit Name
(Series and Phase):���rV,�IP. 5' s;tceY-i_
J
+•Mc_ Drainage Class: Ve!) RLr
Taxonomy (Subgroup): TamaP
Confirm Mapped Type? Yes_ No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
Inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
l7 Jr, 7.5rR Z 511
Hydric Soil Indicators:
✓Histosol
Concretions
_ Histic Epipedon
High Organic Content In Surface Layer in Sandy Soils
_ Sulfidic Odor _Organic
Streaking in Sandy Soils
_ Aquic Moisture Regime _Listed
On Local Hydric Soils List
_ Reducing Conditions _Listed
on National Hydric Soils List
_ Gleyed or Low-Chroma Colors —Other
(Explain in Remarks)
Remarks:
L 1
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes O
Wetland Hydrology Present? Yes _ No
Hydric Soils Present? Yes _ No
Remarks:
Is the Sampling Point
Within a Wetland? Yes `__No
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Smith Creek Park
Date: 3/27/08
County: New Hanover
Applicant / Owner: New Hanover County
Investigator: S&ME—Paul Masten
State: NC
Do normal circumstances exist on the site? Yes L--- Now,
Community ID: VP
Is the site significantly disturbed (Atypical situation)? Yes_ No
Is the area a potential problem area? Yes_ No a/
(explain on reverse if needed)
Transect ID: —�—
Plot ID:
VEGETATION
Dominant Plant Species Stratum Indicator
3.
A
Dominant Plant Species Stratum Indicator
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). ruo "/o
Remarks:
HYDROLOGY
_ Recorded Data (Describe In Remarks):
_ Stream, Lake, or Tide Gauge
_ Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Wetland Hydrology Indicators
Primary Indicators:
Inundated
_Saturated in Upper 12"
_ Water Marks
_ Drift Lines
_ Sediment Deposits
Drainage Patterns in Wetlands
Depth of Surface Water: (in.) Secondary Indicators:
Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit: (in.) Water -Stained Leaves
L0
1 Soil Survey Data
Depth to Saturated Soil: (in.) vFAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name su-.1 1
(Series and Phase):- 1� 5; �:ceoA� '/h�rM c Drainage Class: -<lye" 7 44.;,
Taxonomy (Subgroup): /� fgp o
i �4,. ds Confirm Mapped Type? Yes_ No ✓
Profile Description:
Depth Matrix Colors
Mottle Colors Mottle Texture, Concretions,
(Inches) Horizon (Munsell Moist)
(Munsell Moist) Abundance/Contrast Structure. etc.
0-3 _� it7iP 5 1Z
�'. ra �
loY4f 3
Hydric Soil Indicators:
_ Histosol
_ Concretions
Histic Epipedon
_ High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor
_Organic Streaking in Sandy Soils
Aquic Moisture Regime
_Listed On Local Hydric Soils List
_ Reducing Conditions
_Listed on National Hydric Soils List
_ Gleyed or Low-Chroma Colors
Other (Explain in Remarks)
Remarks:
C
l^
/l
1 t; our�j r".c%A 01sel rvt`
;n �'�J/ `v- lF+,( .. 8l`clr.Z .in, �S n�} OrrJra�-
p
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes _✓No Is the Sampling Point
Wetland Hydrology Present? Yes _ No Within a Wetland? Yes_ No
Hydric Soils Present? Yes No
New Hanover County Contract #02-0336
This instrument drafted by: Kemp P. Burpeau, Deputy County Attorney, Office of the
County Attorney, 320 Chestnut St., Ste, 309, Wilmington, N.C. 28401
NORTH CAROLINA
NEW HANOVER COUNTY
NON -WARRANTY DEED
Tax Parcel No. 3500-006-004-000
THIS DEED, entered into this g day of 2002,
between STATE OF NORTH CAROLINA. a body politic and corporate ("Grantor") and
NEW HANOVER COUNTY, a political subdivision of the State of North Carolina,
("Grantee") of 320 Chestnut Street, Wilmington, NC 28401.
WITNESETH:
WHEREAS, the University of North Carolina at Wilmington has authorized and
approved the execution of this instrument for the purposes herein expressed; and
WHEREAS, the execution of this instrument for and on behalf of the State of
North Carolina has been duly approved by the Council of State by resolution adopted at
a meeting held in the City of Raleigh, North Carolina, on the � day of
2002.
Said Grantor, in consideration of One Dollar ($1.00), the receipt of which is
hereby acknowledged, has bargained, conveyed, granted, remised, released, and
quitclaimed and by these presents does bargain, convey, grant, remise, release, and
forever quitclaim unto said Grantee and its successors and assigns, all the right, claim
ya.o 1: g' 0
OCT 0 2 2009 t
IM
FOR REGISTRATION REGISTER OF DEEDS
1E8ECCA T CHRISTIAN
NEW COUNTY,
2002 JULVER 12 09 51:24NAM
BK:3358 P0:546-553 FEE:$31.00
INSTRUMENT # 2002034908
New Hanover County Contract #02-0336
title and interest, of, in, and to a certain tract or parcel of land lying and being in New
Hanover County, North Carolina, and more particularly described as follows:
BEGINNING at a new iron pipe, said new iron pipe being
located North 48 deg. 12 min. 57 sec. East 277.03 feet from
an existing concrete monument located at the intersection of
the centerlines of SR 2118 (Governor's Road) and SR 2117
(Harris Road); thence a line between International Paper
Company and Parkwood Estates North 73 deg. 47 min. 00
sec. West 35.42 feet to an existing iron pipe; thence
continuing with the line of Parkwood Estates North 73 Deg.
47 min. 00 sec. West 1245.31 feet to an existing iron pipe;
thence a line between International Paper Company and
Raiford G. Trask North 73 deg. 47 min. 52 sec. West
3519.23 feet to an existing iron pipe on the bank of Smith
Creek; thence continuing North 73 deg. 47 min. 52 sec.
West 16.64 feet to the centerline of said creek; thence with
the meanders of Smith Creek between International Paper
Company and Mittie Reaves Todd North 36 deg. 49 min. 06
sec. East 131.70 feet, North 22 deg. 01 min. 06 sec. East
79.91 feet, North 36 deg. 31 min. 42 sec. East 100.64 feet,
North 46 deg. 45 min. 42 sec. East 199.86 feet, North 24
deg. 06 min. 27 sec. East 295.48 feet, North 11 deg. 45 min.
24 sec. West 74.72 feet, North 26 deg. 50 min. 45 sec. East
168.51 feet, North 46 deg. 41 min. 12 sec. East 105.38 feet,
North 63 deg. 28 min. 00 sec. East 88.96 feet, North 32 deg.
16 min. 36 sec. East 250.84 feet; thence leaving Smith
Creek a new line of Intemational Paper Company South 45
deg. 03 min. 00 sec. East 14.42 feet to a new iron rod on the
bank of said creek; thence continuing South 45 deg. 03 min.
00 sec. East 628.03 feet to a new iron rod; thence a new line
of International Paper Company South 87 deg. 04 min. 49
sec. East 1566.92 feet to a new iron road; thence a new line
of International Paper Company south 73 deg. 47 min. 52
sec. East 450.00 feet to a new iron rod; thence a new line of
International Paper Company South 17 deg. 26 min. 34 sec.
East 1369.57 feet to a concrete right of way monument;
thence a new line of International Paper Company south 73
deg. 47 min. 00 sec. East 730.00 feet to a concrete right of
way monument; thence South 48 deg. 15 min. 00 sec. West
2
New Hanover County Contract #02-0336
70.78 feet to an existing iron pipe; thence North 73 deg. 47
min. 00 sec. West 20.52 feet to the point and place of
BEGINNING, containing 92.216 acres, more or less and
being that same property conveyed to the Department of
Transportation from International Paper Company by
Consent Judgment dated 12-5-83 as recorded in Deed Book
1239 at page 1868 of the New Hanover County Registry.
This land is conveyed subject to the following perpetual restrictions to the use
thereof, running in the said land by whomever owned. Said restrictions are expressly
assented to by the Grantee in accepting this Deed. These restrictions are intended to
ensure continued compliance with the mitigation condition of authorizations issued by
the United States of America, U.S. Army Corps of Engineers, Wilmington District, and
therefore may be enforced by the United States of America.
The following activities are permanently prohibited on the property, unless
otherwise expressly noted:
1. Any change, disturbance, alteration or impairment of the natural features
of the property other than grading, excavation, mining and wetland
enhancement undertaken pursuant to a Corps of Engineers and N.C.
Division of Land Quality Excavation and Relocation Plan or other
acceptable authorization. Any mining conducted on site shall conclude
within twenty-four (24) months of the commencement date;
2. Construction or placement of any building, mobile home, road, trail, path,
asphalt or concrete pavement, antenna, utility pole, or any other
3
New Hanover County Contract #02-0336
temporary or permanent structure or facility on the property, except the
following permitted structures and uses:
a. Perimeter fencing;
b. A restroom facility with a footprint not exceeding 28 feet by
28 feet; —7<�Zq
C. A picnic shelter with a footprint not exceeding 28 feet by 48
/ feet; 'Z' q&/
d. A paved access road approximately 1,100 feet by 28 feet �3',q
from Harris Road to the proposed parking lot; V0us
e. A 5 foot wide concrete sidewalk connecting the referenced
restroom and picnic shelter;
f. Bike paths and walking trails not exceeding 8 feet in width
that are not paved or otherwise made impervious;
g. Utilities reasonably necessary for use of the above
enumerated facilities and uses.
h. Bridges, docks and elevated walkways over water
constructed pursuant to COE permits where necessary.
3. Agricultural, grazing, or horticultural use of the property, or any
introduction of non-native plants and/or animal species. Planting of
species indigenous to the area is permitted;
4
New Hanover County Contract #02-0336
4. Destruction, cutting, mowing or harming of any vegetation on the
property, except routine maintenance customary for a park facility
within those areas where development is permitted hereunder, or
as necessary for public safety;
5. Display of billboards, signs or advertisements, except the posting of
no trespassing signs, signs identifying the conservation values of
the Property or designating the Property, and signage setting forth
County park rules and regulations;
6. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery, or hazardous
substances, or toxic or hazardous waste, or any placement of
underground or aboveground storage tanks on the property;
7. Filling, excavation, dredging, mining or drilling, diking, removal of
topsoil, sand, gravel, rock, peat, minerals or other materials, and
any change in the topography of the land, except as specifically
authorized in Section 1;
8. Pollution, alteration, depletion or extraction of surface, natural
water courses, or subsurface water except as specifically
authorized in Section 1. Any activity detrimental to water purity or
that would alter natural water levels, drainage, sedimentation
5
New Hanover County Contract #02-0336
and/or flow over the Property, or cause soil degradation or erosion,
except as specifically authorized in Section 1;
9. Operation of motorcycles, dirt -bikes, all -terrain vehicles, and any
other types of mechanized vehicles, except on the access road and
parking area;
10. Operation of gasoline powered watercraft.
TO HAVE AND TO HOLD the above described real estate and all
privileges and appurtenances thereunto belonging, to the said party of the second part,
its successors and assigns free and discharged from all right, title, claim, or interest of
the said Grantor or anyone claiming by, through, or under him.
IN TESTIMONY WHEREOF, the STATE OF NORTH CAROLINA has
caused this instrument to be executed in its name by MICHAEL F. EASLEY, Governor,
attested by ELAINE F. MARSHALL, Secretary of State, and the Great Seal of the State
of North Carolina to be hereto affixed by virtue of the power and authority aforesaid.
STATE OF NORTH CAROLINA
(SEAL)
New Hanover County Contract #02-0336
ATTEST:
By: 24(A,ac jk&k.c-/
Secretary of State
Approved as to form:
Roy Cooper
Attorney General
By: jv" L.• INLX
Assistant Attorney General
NORTH CAROLINA
COUNTY OF -
I, `' WNI L. h` 0(1 , a Notary Publico of the State and
County aforesaid, certify t t ELAINE F. MARSHALL, Secretary of State of North
Carolina, personally came before me this day and acknowledged that she is Secretary
of State of North Carolina, and that by authority duly given and as the act of the State,
the foregoing instrument was signed in its name by MICHAEL F. EASLEY, Governor of
the State of North Carolina, sealed with the Great Seal of the State of North Carolina,
and attested by herself as Secretary of State of North Carolina.
IVITNESS�H EREOF, I have hereunto set my hand and Notarial Seal, this
the_ day off . 2002.
My commission expires:
�Py L L. 4f
U� �pTAq
NA�/al\G u.
UrrTy t.
i
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
Filed For Registration:
Book:
Document No.:
Recorder:
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
07/12/2002 09:51:24 AM
RE 3358 Page: 546-553
2002034908
DEED 8 PGS $32.00
KAREN D GALLOWAY
State of North Carolina, County of New Hanover
The foregoing certificate of CHERYL L MYERS Notary Is certified to be correct. This 12TH of July 2002
REBECCA T. CHRISTIAN , GISTER OF DEEDS
By:
DeputyNttIsat Regis sr of Deeds
*2002034908*