SW8991202_HISTORICAL FILE_20091105

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 G1�oz
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2U o q it OS
YYYYMMDD

aJl 'I. ,.,: r nJH
NORTH CAROLINA, CARTERET COUNTY
This instrument and this certificate are duty filed at
the date and time and in the Book and Page shown
on the first page hereof.
Y tee, Register ( s
Beputy, nnalsipr of eends
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: -0-
Parcel Identifier No. 63561157006000 Verified by
By:
JMail/Box to: Kirkman, Whitford, Brady & Berryman, P.A.
County on the _ day of
This instrument was prepared by: Kirkman, Whitford. Brady & Berryman, P.A.
Brief description for the Index: Common Area Horton Commercial Property
20
Tills DEED made this I I" day of September, 2009, by and between
GRANTOR GRANTEE,
DAVID A. HORTON AND WIFE, F...N COMMERCIAL ASSOCIATION, INC.,
KAREN D. HORTON
a North Carolina non-profit corporation
604 Blair Poinic Road
Morehead City, NC 28557
Enter in appropriate block for each party: name, address, and, if appropriate characterofentity, e.g. corporation or partncrship.
The designation Gramorand Grantee as used herein shall includesaid parties, their -heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or nemcr as required by context.
WITNESSE I'I-1, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has
Ili e presents does grant, bargain, sell and convey unto the Grantee in fec simple, all that certain lot or parcel of land situated
and by
in the City of MOrChead City, Morehead lbwnship, CmTel ct County, Notch Carolina and more particularly described as follows:
Being all of High Street and Turner's Dairy Road along with that area delineated as a "Retention fond" all as shown on
that plat recorded in Map Rook 29, Page 82613, Carteret County Registry prepared by Brad L. Suitt. Associates, P.A.
dated .tune 16, 2000. Also conveyed herewith is an casement in all drainage easements as shown on the above referenced
recorded plat.
The property hereinabove described was acquired by Grantor by ins0ument recorded in Book 860, page 331.
A map showing the above described property is recorded in Map Book 29, Page 82613.
TO I IAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances Ihereto belonging to the Grantce
in fee simple.
NC Bar Association Form No. 3 O 1976, Revised O 1977, 2002
Printed by Agreement with the NC But Association— 1981 - Chicago Title Insurance Company

And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in
fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against
the lawful claims of all persons whomsoever, other than the following exceptions:
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day �and year first above written. Ql1lL a hou-1 (SEAL)
(Entity Name) David
�/(A..)Horton
By: —/ v - —
(SEAL)
Title: Karen D. Horton
By:
(SPAT.)
Title:
(SEAL)
:AL -STAMP" teo North Carolina—Countyofe449 >�
O R.l I,$ic undersigned Notary Public of the County and State aforesaid, certify that David A. Horton and wife,
�CjRcnl flortonpersonallyappearedbeforelatethisdavandacknowledgedtiledueexecutionoftheforegoing
vg`SG 3, tun ll for the purposes therein expressed. Witness'my hand and Notarial stamp or seal this day of
12009.
i
y w lion Expires:
ET Gp```p Notary PublicG��j/�i�
EAL-STAMP tale of North Carolina - County of
I, the undersigned Notary Public of the County and State aforesaid, certify that
personally came before me
this day and acknowledged that —he is file of , a
North Carolinaor corporation/limited liability company/gencralpartnership/limiiedpartnership
(strike through file inapplicable), and Thal by authority duly given and as the act of such entity, _he signed the
foregoing instrument in its name on its behalf as its act and deed. Witness lily hand and Notarial stamp or seal,
this clay of , 20
My Commission Expires:
Notary Public
SEAL. STAMP State of North Carolina - County of
I, the undersigned Notary Public of the County and State aforesaid, certify that
Witness my hand and Notarial stamp or seal, this day of , 20
My Commission Expires:
Notary Public
The foregoing Certificate(s) of
is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown
on the first page hereof.
Regisler of Deeds for County
By: Deputy/Assistant - Register of Deeds
NC Bar Association form No. 3 © 1976, Revised © 1977. 2002
Printed by Agreement with the NC Bar Association— 1981 - Chicago "title n urance Company
E3UO. � - PAGERS- -,,,,.

AL1440AA
RBFH
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 15, 2009
Mr. David A. Horton, Owner
128 little Nine Drive
Morehead City, NC 28557
Subject Stonnwater Permit No. SW8991202
David A. Horton
Carteret County
Dear Mr. Horton
Natural Resources
Dee Freeman
Secretary
The Division of Water Quality issued a Coastal Storrmwater Management Permit, Number SW0991202 to
David A. Horton for a High Density Project on March 29, 2000. This permit expires on March 29, 2010.
Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit
renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a
processing fee, which is currently set at $505.00. If this Is still an active project please complete and
submit the enclosed renewal application in a timely manner. If this project has not been constructed and a
permit Is no longer needed, please submit a request to have the permit rescinded. If you have sold the
project, or are no longer the per itttee, please provide the name, mailing address and phone number of
the person or entity that is now responsible for this permit Enclosed is a forth for change of ownership,
which should be completed and submitted if the property has changed hands.
Your permit requires that upon completion of construction and prior to operation of the permitted
treatment units a certification of completion be submitted to the Division from an appropriate designer for
the system installed. This is to certify that the permitted facility has been installed in accordance with the
permit the approved plans, specifications and supporting documentation. Please include a copy of the
certification with your permit renewal request and processing fee. Enclosed is a copy of a sample
certification. Also enclosed is a new Operation and Maintenance agreement that should be completed
and submitted along with your renewal application.
You should be aware that failure to provide the Designer's Certification and the operation of a stormwater
treatment facility without a valid permit, are violations of NC General Statute 143.215.1 and may result in
appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day.
If you have any questions, please feel free to contact David Cox at 910-7W7318.
Sincerely,
XXGeorgette Scott, Stormwater Supervisor
Surface Water Protection Section
Wilmington Regional Office
Enclosures
cc: Wilmington Regional Office
WOmtngtoa Regional office
127 Cardinal Drive 60enslon, WOnington, North Carolina 28905 e
Phone: 910-7W72151 FAX 910a%20001 Customer Service: t$7r423&748 A061fthiCarolina.
Internet: v .nvmn tarquafity.org Naturally
y
An EQuelftodwdrl Alrumalive Action Employer _ !i`"/U� L

�.
t
_ _ �
!
�
-
- ,
_
:
-
�_ - .: ..
�. � _
- -
_
-
_,
-
-
-
; .,
�,
-
-,
_ .
-
:,
-
�N,
_
-
� ..
'a
�
_
_
I _
.. �
,
. ` _
-�
..
) �

2 f 'J )-Zf-
i
/ ✓ / _ Gf i CL l
/ l ✓ /
/

I
-�
rj
�.i
�n

ATTORNEYS AT LAW
POST OFFICE BOX 1347
NEIL B. WHITFORD
MOREREAD CITY. NORTR CAROIINA 28557-1347
CAROLYN B. BRADY'
TELEPHONE [phone]
MELISSA BERRYMAN
KIMBERLY L. FARIAS
FACSIMILE [phone]
E-mail: [e-mail]
ALSO LICENSED IN GEORGIA
www.kirkmanwhitford.com
April 7, 2006
VIA CERTIFED MAIL
Ms. Linda Lewis
Division of Water Quality - Stornnvater
127 Cardinal Drive Extension
Wilmington, NC 28405
STREET ADDRESS:
71 O ARENDELL STREET -SUITE 105
MOREHEAD CITY. NC 28557
4PR 1 V4
0 11666
RE: David Horton Commercial Subdivision— Stormwater Project Number: SW8 991202
Dear Linda:
Enclosed please find a recorded cop), of the Restrictive Covenants for Horton Commercial
Subdivision and a copy of the amendment thereto. As you can see from the enclosed letter a
copy of the covenants were sent to your office on December 15, 2000.
If there is additional information that you need, please let me know.
Sincerely,
-7y(- a &wr'
Melissa Berryman

Mar 31 06 10:16a MCDAVID nSSOCInTES, INC. 919-735-7351 p.2
rN zorL
c�PermitNd._ S�'8_�99T
(To be provided by Dl4'Q)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
WATER QUALITY CLASSIFICATION RE,EQUEST FORM
This form me), be photocopied for use as an original.
1. PROJECT INFORMATION
In order to determine whether a State Stormwater Management Permit will be required for a project in a
non -coastal county, the classification of the closest downslope surface waters (the surface waters that any sheet
_flow or overflow from the project would flow toward) must be determined. Please complete Sections I and II
below. DQ W Staff will determine the receiving stream classification, complete Section III, and return the
completed form to you.
1. Project Name: hoRTurJ10AJ1D -J0t>lV1Sler4 County: GARLT£eEl-
'_.. Contact Person: F. T,JT)NU- Lew%&
3. Mailing Address: P 0. box 11-1
4. City 60e.1;6802o State
U
5. Name of closest downslope surface waters: r l
6. Signature of contact person:
Zip 2-1533 Phone No. I l'i 3(o )'N�3o
'r
a
Is a Sedimentation Erosion Control Plan or a CAM.A Major Permit required?
II. REQUIRED ITEMS
AYES oNO
An 8%" x I I" copy of the appropriate portion of a USGS quad sheet showing the project's property
boundaries, receiving stream, major roads or State Roads numbers, and nearest town or city must be
attached.
III. CLASSIFICATION REQUEST (To be completed by Regional Office personnel)
I. Name of surface waters:- U-T N 2,w6lx+ I\, IV F.*,—
2. River Basin: VV *- a 3 Index No. 2 C�
3. Classification (as established by the Environmental Management Commission):
4. Proposed Classification, if applicable:
5. State Stormwater Management Permit required?
6. Signature of Regional Office personnel:
cc: Linda Lewis
Engineer
Building Inspector
Central Files
Form SWU-I I I Version 10-99
OYES ONO
C
127 Cardinal Dr. Est., Wilmington, North Carolina 228405 Telephone [phone] FAX [phone]
An Equal Opportunity Affrrmntive Action Employer 50 % recycled/10% post -consumer paper

Mar 31 06 10:16a McDAVID ASSOCIATES, INC. 919-735-7351 p.3
I's
�n
- 1134
0
71. 1 r'
5
0 A5
Sc ifayks I
k4S F 16 I'D
Q'i Pkl>
tAk?
N-41- ---- --
.%,
W,
rr
oUght oDaybeacon
: INTRACOASTAL
Foul
D.Ybeac.�
Hoop Pole
(landing
S 0 U N D
Willis Landing
I
-T-
Pile 2
1
Golf Com
j
04�
W.

\O�OF W AT ll Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
co
Q Y Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2006
Mr. David A. Horton
PO Box 2249
Morehead City, NC 28557
Subject: REQUEST FOR RECORDED DEED RESTRICTIONS
David Horton Commercial Subdivsion
Stormwater Project No. SW8 991202
Carteret County
Dear Mr. Horton:
On March 29, 2000, the Wilmington Regional Office issued a Stormwater Management
Permit to you for David Horton Commercial Subdivision, located off Little Nine Drive
(NCSR 1601) near it's intersection with Highway 70. Per Section 11.16 of the permit, a copy
of the recorded deed restrictions must be forwarded within 30 days of the date of
recording. A review of our files indicates that, as of this date, a copy of the recorded deed
restrictions has not been received in this Office.
The Division previously requested a copy of the recorded deed restrictions on November
20, 2000. Failure to respond to a request for information and failure to record and/or
provide a copy of the recorded deed restrictions prior to selling lots are violations of
Sections 11.5 and 11.16 respectively, of your permit, and subject to enforcement action.
Please forward a copy of the recorded deed restrictions to this Office at the address below
by May 3, 2006, or enforcement action may be initiated and may include recommend-
ations for civil penalties and revocation of the permit.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer II
ENB/arl: S:\WQS\STORMWAT\DEEDREST\991M.mar06
cc: Katrina Marshall, Carteret County Inspections
Town of Morehead City Building Inspections
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 29405 Phone [phone]
Service
Wilmington Regional Office Internet www.ncwatcrquality.org Fax [phone]
6748
Customer
1-877-623-
No thCarolin
7atara p'
An Equal Opportunity/Affirmative Action Employer— 50% Recycled1l0% Post Consumer Paper

. �;, -%AUG-01-01 10:45 PM COASTAL BUILDING 247 5880 P.01
'1I9tl1ANCL J. Iijl/`/Y''�I1Hd-j11S4it;,gj�11g1//Q
®4 J<1 �T AL V
uAL�LLL G
General Contractor
2&0? b2-72&1000
FAX COVER SHEET
To: IN6l1 ke-uW)
FROM: lmp,
SUBJECT:
DATF: b DI 0
NUMBER OF PAGES TO FOLLOW l
NOTES: �eUnr r,rllr (or /Ke P2s��osln�G 70
2
,2s a - 7 z10 -

_ OtICRETE MONUMENT
m GEMERtINE OF PAVEMI
M. A-= P.K�' - _6
a 10_ PA = PROPERTY UNE
7
N�
n
m
ro
ro
N
r
Q
N
Vt
5 0037" T t
Ff �
1
obi
I
�
l
ca
1
VI i
O C) p' (�1 O
4jin ff
z
f
4
l
mz pA
+ '
` mom{ prC
u
g
J
i0
•
•
_
1
__. .-��-P
f
-�•
21
1
i I
1
l�
I
or 17
0C +1 -
4 '*-"8'30- E
176,41'
'PTJ1 +/— SQ.ft
0.43 +/— ocrcy i
r
I
1
N 06'Jg'3p' E 1
1
1
189.23' I
18,148��a
0.42 + oap
173.73'
!V'V = —Y — _ N ro s�'ne
r 156.63'
fr--------.
I
J� I
1
1 LOT 1.5
1 22,699 +/- s .
n i 0.52 +/— ou
O 1
IA
I f
OZ'31.06- W 182.
�.0-42
�.}
x -
r�—A

North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Wilmington Regional Office
Michael F. Easley, Governor
William G. Ross Jr., Secretary
FAX COVER SHEET
Date: August 1, 2001
To: Donna
Company: Coastal Building
FAX #: [phone]
DWQ Stormwater Project Num r. SW8 991202
Project Name: David (fort Subdivisio
MESSAGE:
1T
�...�.. 4
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RE50URCE5
No. of Pages: I ,n
From: Linda Lewis A
Water Quality Section - Stormwater
FAX # [phone]
Phone # [phone]
Please note that as of May 11, 2001, the Division has rescinded all previous stormwater guidance directives.
These directives were replaced by the 1995 version of the rules. Chlorides testing for projects draining to SA
waters will no longer be allowed. Projects received after May 11, 2001, that are within 1/2 mile of and draining
to class SA waters or unnamed tributaries of SA waters, must either meet 25% low density, or provide an
infiltration system or an alternative non -discharging system treating 1.5" of runoff.
Donna:
I'm not sure if I was clear enough in explaining how the stormwater permit process works. We (the Division of
Water Quality) issued a permit to Mr. Horton for a wet detention pond to treat runoff from a commercial
subdivision. Each lot in that subdivision is limited to 80% impervious cover. Under normal circumstances, each
lot in that commercial subdivision must submit for what is called an "Offsite" permit. This permit allows use of
a permitted facility (the wet pond) to treat runoff from the lot. We issue the offsite permits because the lot is
owned by a different entity than the pond is, and then we can hold the lot owner responsible for any problems
on the lot rather than go through the permittee for the subdivision. Mr. Horton's permit did not require the
individual owners to get their own permits, therefore, the State will be contacting him for any problems
encountered on the lots.
Because the proposed project involves the disturbance of more than 1 acre, you must get Sedimentation Erosion
Control Plan approval. This will automatically require you to obtain an individual Offsite Stormwater
Management permit. Most any of the engineers and surveyors who work on the coast are aware of the
stormwater rules and can assist you in obtaining any necessary permits.
S:\WQS\S"fORMWAT\ADDINFO\991202.AUG
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

99izaRECEIVE
z
FEB 2 0 2001
2 //Y/o r
azA- ll��611-ec
Cdo ti u z-etv ice. /-z-nWo
2
G�
�UZ

QoN�
I00,
bo-
13,8oa i w pffvtovs
S,000 /31d5
boo S�dcwa.lk
= Park,nS
lfli IDO
my) 10"-1. �. - -65 S��'LI S --LG

I-Iorton. Subdivisien
Subject: Horton Subdivision
Date: Tuc, 09 .Ian 2001 08:56:26 -0500
Fronr: Linda Lewis <Linda.Lewis n nemail.net>
To: [e-mail]
Mr. Whitford:
(A
In response to your December 15, 2000, letter. Please reference the paragraph following NCAC .1003
(b)(3), which states, "Projects under a common plan of development shall be considered as a single
project and,shall require stormwaler management in accordance with this Section." I have already
confirmed that Mr. Horton's permit did not include the language that would require each lot in the
subdivision to submit for a permit.
Please be advised that 1 have sent Mr. Horton a letter indicating that I am not requiring each lot in the
subdivision to obtain an individual offsite permit. I am merely asking that each lot owner submit a copy
of their development plans to verify that the proposed built -upon area has not been exceeded and to
have something to go by for future inspections. Mr. Florton is responsible for verifying that the
built -upon area on each lot does not exceed the maximum allowed by the permit.
Again, a permit will not be required for each lot.
Linda Lewis
Linda Lewis <Linda.Lcwis @ncmail.net>
I of 1 01/09/2001 9:57 AM

j
NEIL B. WHITFORD
CAROLYN B. BRADY'
KELLY CROWELL HARRIS
MELISSA BERRYMAN
KENNETH M. KIRKMAN
OF COUNSEL
'ALSO LICENSED IN GEORGIA
KIRKMAN WHITFORD & BRADY, P. A.
ATTORNEYS AT LAW
POST OFFICE BOX 1347
MOREHEAD CITY. NOR'PR CAROIANA 28557-I347
TELEPHONE [phone]
FACSIMILE 1252) 726-6974
E-mail: kirkwhitemail.clis.com
December 15, 2000
Ms. Linda Lewis
Environmental Engineer
Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: David Horton Commercial Subdivision
Stormwater No. SW8991202 Carteret County
Dear Ms. Lewis:
R 1 �11 V jy/LJ
Gcc 18 2000
BY:
STREET ADDRESS:
710 ARENDELL STREET - SUITE 105
MOREHEAD CITY. NC 28557
We hope this letter finds you well. Enclosed is a copy of the
Restrictive Covenants for the Horton Commercial Subdivision in
Morehead City.
Your letter to David dated November 28, 2000 indicates an
impression that the subdivision permit was conditioned on all lots
in the subdivision submitting an "off site" application prior to
construction. Even though it is now confirmed that such a
condition was not included in the permit, your letter requests that
a plan be submitted by each lot owner.
Certainly David Horton will comply fully with all laws and
regulations in connection with stormwater management and other
environmental issues. He no doubt will go beyond compliance if
that will serve any need. 11
But as we consider amending the covenants to require submission of
an off site plan for each lot, I need to examine either the state
statutes or the regulations promulgated under the statutes to
assist with wording on any covenant amendments.
Would you please by telephone, mail, or email, advise as to the
state statutes or regulations dealing with the requirement that
lots within any subdivision, commercial or otherwise, of less than
an acre in size, submit an off site application before development.

- 2 -
We again reiterate our client's full cooperation with you as we
sort through these issues.
Sinccee ely, �/� ;
V ��.
NeiB. itford
NBW:cmk
Enclosure
CC: David Horton

NEIL B. WHITFORD
CAROLYN S. BRADY'
KELLY CROWELL HARRIS
MELISSA BERRYMAN
KENNETH M. KIRKMAN
Oi COUNSEL
'ALSO LICENSED IN GEORGIA
KIRKMAN WHITFORD & BRADY, P. A.
ATTORNEYS AT LAW
POST OFFICE BOX 1347
MOREHEAD CITY. NORTH CAROLINA 28557-1347
TELEPHONE [phone]
FACSIMILE 12521 726-6974
E-mail: kirkwhit®mail.clis.com
December 15, 2000
Ms. Linda Lewis
Environmental Engineer
Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC28405
RE: David Horton Commercial Subdivision
Stormwater No. SW8991202 Carteret County
Dear Ms. Lewis:
STREET ADDRESS:
710 ARENDELL STREET - SUITE 105
MOREHEAD CITY. NC 28557
We hope this letter finds you well. Enclosed is a copy of the
Restrictive Covenants for the Horton Commercial Subdivision in
Morehead City.
Your letter to David dated November 28, 2000 indicates an
impression that the subdivision permit was conditioned on all lots
in the subdivision submitting an "off site" application prior to
construction. Even though it is now confirmed that such a
condition was not included in the permit, your letter requests that
a plan be submitted by each lot owner.
Certainly David Horton will comply fully with all laws and
regulations in connection with stormwater management and other
environmental issues. He no doubt will go beyond compliance if
that will serve any need.
But as we consider amending the covenants to require submission of
an off site plan for each lot, I need to examine either the state
statutes or the regulations promulgated under the statutes to
assist with wording on any covenant amendments.
Would you please by telephone, mail, or email, advise as to the
state statutes or regulations dealing with the requirement that
lots within any subdivision, commercial or otherwise, of less than
an acre in size, submit an off site application before development.

-z-
We again reiterate our client's full cooperation with you as we
sort through these issues.
Sincerer,
!
l ;P ai.
l/
Neill B. Whitford
NBW: cnik
Enclosure
CC: David Horton

c,
>o i'IA,Uto�, PE
i607 NEUSE BLVD., BLDG. 5
NEW BERN. NC 28562
December 12, 2000
Ms. Linda Lewis, Environmental Engineer
NCDENR
127 Cardinal Dr. Ext.
Wilmington, North Carolina 28405
Re: Compliance Inspection Ltr. 11-20-00
Stormwater Project No. SW8991202
Carteret County
Dear Ms. Lewis:
Enclosed please find my certification for the referenced project. The corrections have
been made referred to in your letter.
Should you have questions, please advise.
Very truly yours,
C.T. Clayton, . E.
Consulting Engineer
Enclosures
CC: David Horton
Phone: [phone] Mobile: [phone] Home: 910 897-0660 Fax: [phone]
Email: [e-mail]

o n, F E
2BB7 NEUSE BIVD., BLDG. 5
NEW BERM, NC i8562
December 12. 2000
Ms. Linda Lewis, Environmental Engineer
NCDENR
127 Cardinal Dr. Ext.
Wilmington, North Carolina 28405
Re: Compliance Inspection Ltr. 11-20-00
Stormwater Project No. SW8991202
Carteret County
Dear Ms. Lewis:
Enclosed please find my certification for the referenced project. The corrections have
been made referred to in your letter.
Should you have questions, please advise.
Very truly yours,
C.T. Clayton, . E.
Consulting Engineer
Enclosures
CC: David Horton
Phone: [phone] Mobile: 252 67k-6979 Home: 910 897-0660 fax: [phone]
Email; ctcOcconnect.net

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
December 8, 2000
Mr. Bill Brown
PO Box 2419
Morehead City -NC 28557
Subject: Grading Plan for
Crystal Coast Auto Clinic
Stonnwater Project No. 991202
Carteret County
Dear Mr. Brown:
On December 5, 2000, the Division received a rough sketch ofthe site plan for the Crystal Coast .Auto Clinic
site located in the David Horton Subdivision. In order to verify the built -upon area and the drainage. please submit
a grading plan. The grading plan must show the proposed spot elevations in the paved areas and proposed contours
in the graded areas. Please keep in mind that any surface used to parking on or drive over, including grass, is
considered an impervious surface by the Division of Water Quality.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
�i (�Gevv
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\S'1'ORMWAT\LETTERS\991202.DEC
cc: Linda Lewis
127 Cardinal Dr. Est., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% 1egded/10% post -consumer paper

DVarlment of Environment
and Natural Resources
Wilminglon Regional Office
.i:uncs 11. 1-1unt, Jr., Governor
Bill Holman, Secretary
1),visiuu of Water Quality
Mr. David Morton
1605 Wcdgcwood Court
Morehead City, NC 28557
Dear Mr. Horton:
� C-171F'Y�IED
BY:- --
November 25, 2000
10 VA
NCD16rr NR
NORTH CAROLJNA DE(' RTMENT Or
ENVIRO.MENT AND NAIURAL RC50LIRCI-5
¢2�A'IA �e(V"
t
Subject: Permit Conditions
David Horton Commercial Subdivision
Stormwater Project No. SWR 9Q1202
Carteret Count):
On November 15. 2000, 1 inspected your project known as the David Horton Commercial Subdivision. for
compliance with the permit issued to you on March 29. 2000. Somc problems were found with the pond, which
uc ahlc to be resolved fairly easily. The other issue was that a project called the Crystal Coast Car Wash was under
construction, and had not submitted a stormwater permit application. At the time. I was under the impression that
the permit included a condition that all lots in the subdivision submit an "affsite" application prior to construction.
However, the March 29, 2000, permit issued to you has no such condition.
At this time the Division will not require Crystal Coast Car Wash to submit a stormwater management
permit. However, we will request that a plan be submitted by each lot owner to be included in the file for future
reference. Each lot owner is responsible for maintaining compliance with the built -upon area limit of ROm/I of the
lot area, and is required to direct all runoff into the approved system. if any lot disturbs more than 1 acre and is
required to obtain Sedimentation Erosion Control plan approval. then an off'site stormwater application for that lot
MUST be submitted. and approved prior to construction.
As requested in the inspection report, please correct the problems with the pond, provide a copy of the
recorded deed restrictions and the Designer's Certification. Ifyou have any questions. please do not hesitate to call
me at [phone].
Sincereh_'.
Linda Lewis
finvironmcntal lingiIIcc]
RSS\arl: S:\WQS\Sl'Oi:MIl%A7'\LE'1'7'1--I:S\991202.NO\i
cc:, . Linda Lcwis
Bill Brown, Crustal Coast Car Wash l
M
127 CarJinal Dr. Eat., Wilmington, North Carolina 2840M Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Actium Englloyer 50'i,- recyelal/111'iL pusi-consumer paper

i
i _,
�
` i
i
� ..

Rp:9012Q2
01 . 'V
Subject: Re: 991202
Data Tuc, 28 Nov 2000 16:32:26 -0500
From: Bill Moorc <I3i1LMoore a ncmail.nct>
To: Linda Lewis <Linda.Lewis a nemail.nct>
Linda,
If the permit specifies BOA for each lot; have the perm.i.ttee, or each
lot owner., submit a letter to you describing the dev on their specific lot,
including breakdown of BOA. If 9's are consistent with permit, then you
could confirm with letter to individual lot owner, with copy to permittee &
building inspector. If you have any doubts about the proposal., then require
potential new developer to submit copy of plans before you sign off, or if
appropriate require new permit. It seems redundant to have every lot owner
submit an application & fee, just so we can say its OK to dump your sw into
the permitted pond, unless they are making significant modifications.
What about how we handle out parcels with separate "off -site" permits?
I know we've done it this way, most of the time, but I still don't like
taking someone's money with little, or no justification, just because the
rules may allow us to do so. We need to re -think this approach. So much
for my 2-cent. If you want 4-cents worth, call me. Have a good day & See
yal
Linda Lewis wrote:
> Hey Everyone!
> I recently inspected a high density commercial subdivision we issued a
> permit for in early 2000. I thought that we had written the permit Co
> require that each lot in the subdivision submit for an offsite permit in
> order to have some control over the built -upon area other than just the
> recorded BUA restrictions, but the permit was not written with Chat
> condition.
> One of the lots is under construction, (less than 1 acre disturbed) so
> no SEC plan was required. I requested that they make application under
> the assumption that the permit required each lot Cc get an offsite
> permit. Do I need to pursue this any further., or just ask for a copy of
> the plans for the file and let it go? The lawyer assured me that the
> deed restrictions have all the stuff we requested to be recorded, but
> the Designers Certification and a copy of the restrictions has not been
> submitted, and there were some problems with the pond.
> I'm being inundated with calls from the owners of the lot, the owner. of
> the subdivision and the lawyer for the owner. HELP!
> Linda
Bill Moore <IiilLMoorcrr)ncm:Iil.net> 1
I oft 1 1/29/2000 8:1 1 AM

Rr,:991202
r , .V,
Subject. Re: 991202
Date: Tue, 28 Nov 2000 12:57:35 -0500
From: Jeanette Powell <jcmwUe.powell a ncmQLncl>
Organization: NC DGNR DWQ
To: Linda Lewis <L,inda.Lcwis a ncmail.net>
I don't see how you could pursue the lot owner if they are under an acre and
the project permit/deed restricitons don't require them to file. You'd have
to revoke and reissue the permit to include the missing condition. That
would be Rick's call. However., the project owner needs to be in compliance
with their permit and it doesn't sound like they have demonstrated they are.
Linda Lewis wrote:
> Hey Everyone!
> 1 recently inspected a high density commercial subdivision we issued a
> permit for in early 2000. I thought that we had written the permit to
> require Chat each .lot in the subdivision submit for an offsite permit in
> order to have some control over the built -upon area other than just the
> recorded BUA restrictions, but the permit was not written with that:
> condition.
> One of the .Lots is under construction, (less than 1 acre disturbed) so
> no SEC plan was required. I requested that they make application under
> the assumption that the permit required each lot to get an offsite
> permit. Do I need to pursue this any further, or just ask for a copy of
> the plans for the file and let it go? The lawyer assured me that the
> deed restrictions have all the stuff we requested to be recorded, but
> the Designers Certification and a copy of the restrictions has not been
> submitted, and there were some problems with the pond.
> I'm being inundated with calls from the owners of the lot, the owner of
> the subdivision and the lawyer for the owner. HELP!
> Linda
Jeanette Powell <jcanctte.uowell a na»ail.net>
NC Depamnent of Environment & Natural Resources
Division of Water Quality
Stormwater & CiG1Cra1 Pennits Unit
I of I I IAW2000 218 PM

C3
ul
iM1
�-
�,�
y CO' ,
fD
sO
postage
m
r`
Certified Fee
trl
C3
Return Receipt Fee
(End,sement Required)
O
O
Restricted Delivery Fee
(Endorsement Required)
C3
r—
Total Postage & Fees
.-�
Sent To
0
Street Apt. No.: or -PO
i2
o
r-
�Ci�
State, t �
■ 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 mail piece,
or on the front if space permits.
1. Article Addressed to:
.M,, Z//,4- X- J--
J'v 6 Ar.J ,,
�rvY
A. Received by (Please Print Clearly) I R. Date of Delivery
C. Signat r ❑ Agent
i
X� ❑ Addressee
Yes
D. Is delivery ddress different fmm item 17 No
If YES, enter delivery address below:
3. Se Pe
ertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Pee_
— from service late
2. Article Number (Copy V
ODo / 7o A J_
PS Form 3811, July 1999 Domestic Return Receipt
102595-00-M-0952

�,Stat of North Carolina
Department of Environment
and Natural Resources
Wihninl;ton Renional Office
James 11. Hunt, Jr., Governor
Bill Holman, Secretal-c
Division of Water Qualit)
November 20, 2000
Mi. David A. Horton. Owner
128 Little Nine Drive
Morehead City. NC 28»7
Subject: COMPLIANCE INSPECTION
David A. Horton Subdivision
Stormwate Project No. SR18 991202
Carteret County
Dear Mi. Horton:
Please find attached a copy ofthecompleted form entitled "Stormwater Compliance Inspection Report".'f he
report summarises the findings of a recent inspection of the project's storm water controls conducted on November
li. 2000 to determine compliance with Stormwater Permit Number SW8 991202 issued on March 29. 2000.
A summary of the findings and comments are noted under Section 4 of the report. Please inform this Office
in xvi-iting before December 20, 2000 of the specific actions that will be undertaken and the time frame required to
correct the deficiencies. Failure to provide the requested information, when required, may initiate enforcement
action. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910)
395-3900.
Sincerely,
�� � X '✓./ ,aim.
Linda Lewis
Environmental Engineer
RSS/arl: S:AWQS\S'l-ORMWA-IAINSPECT\991202.NOV
cc: C.T. Clayton. P.E.
Central -Files
\1%i,lmin =ton_Rcgional Office
127 Cardin:d nr. Ext., Wilmington, North Carolimi 28405 Tclephnnc 910-395-3900 FAX [phone]
An Equal Opportunity Affirmative Action Emplover 50% recycled/I11'Z, post -consumer paper