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HomeMy WebLinkAbout20240368 Ver 1_CAMA Application_20240301DIVISION OF COASTAL MANAGEMENT KC FIELD INVESTIGATION REPORT Fn iranmmrai MAJOR PERMIT APPLICATION PA-1183 Quality 1. APPLICANT'S NAME: Outer Banks Ventures, Inc. LOCATION OF PROJECT SITE: Mall Drive; Parcels 0116-0000-010A-0000, 0116-0000-01OB- 0000, and 01 16-0000-01OC-0000; Corolla, NC 27927 Longitude:-75.82026 Latitude: 36.32943 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Visit Purpose of Visit Applicant Present? 8/24/2023 Pre -Application Consultation Yes 9/29/2023 Response to Concerned Citizen Inquiry No 5. PROCESSING PROCEDURE: A lication Received Application Complete Regional Office 8/29/2023 02/23/2024 1 DCM - Elizabeth City Re Tonal Office 6. SITE DESCRIPTION: (A) Local Land Use Plan: Currituck County Land Classification from LUP: Mixed Use (PUD) (B) AEC(s) Involved: Estuarine Shoreline, Public Trust Shoreline, Coastal Wetlands, Public Trust Areas, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing: N/A Planned: Central & Municipal (F) Type of Structures: Existing: Stormwater Structures Planned: Mooring pilings, Marina, Piers (Ocean and Estuarine) and Docking Facilities, Boatlift, Boat slips, Finger pier, Floating structure, Gazebo, Other (wetslip), Pier V"TV" head, Pier or dock, Platform, Stormwater Structures, Upland Development, High ground disturbance, Highway/street, Misc. building, Non-resident. bldg./mix use, Parking lot, Res. bldg. (multifamily), Elevated accessway (marsh). (G) Estimated Annual Rate of Erosion: Not Applicable Erosion Information Source: Applicant indicated "False" in Permit Application Report 7. HABITAT DESCRIPTION: DREDGED (ft2) FILLED (ft2) SHADED (ft) (A) Open Water 0 39921 19330 (B) Coastal Wetlands above NWL 0 0 3282 C Coastal Wetlands below NWL 0 0 0 D Shallow Bottom 0 39 0 (E) High Ground 0 653400 616 (F) Non -Coastal Wetlands 63162 1148 2024 (G) Total Area Disturbed: 782,922 (H) Primary Nursery Area: No (1) Water Classification: SC: Aquatic Life, Secondary Contact Recreation, Tidal Salt Water (J) Open to Shellfishing: No Field Investigation Report: Outer Banks Ventures, Inc. DCM Major Permit Page 8. PROJECT SUMMARY: Monteray Shores Planned Unit Development (PUD) was originally approved for development by Currituck County in 1987. The site of the proposed Corolla Boat Club is a vacant 36-acre tract owned by Outer Banks Ventures, Inc., and is one of the remaining undeveloped tracts of the original PUD. Outer Banks Ventures plans to develop this tract into 28 duplexes (56 total units), three retail buildings with 9 upper story apartments, a paddleboat rental concession, a 150-seat restaurant, a 250-seat outdoor entertainment venue attached to the restaurant, and a marina. 9. NARRATIVE DESCRIPTION: The proposed facility will be constructed on 36 acres of vacant land fronting the eastern shore of Saunders Bay of Currituck Sound off Malia Drive in the Town of Corolla, Currituck County. Elevations on the site range between 0 and 6 feet (NGVD). Low-lying portions of the tract are largely underlain by Currituck Mucky Peat whereas upland portions of the tract are largely underlain by Osier Fine Sand. The marina will be located waterward of the normal water line (NWL) in an area having water depths ranging from 4 to 5 feet. An existing man-made pond on the site has been classified as "Waters of the U.S." by the Army Corps of Engineers. The pond drains via a single outlet with a weir. The pond currently serves as a stormwater management system for several adjacent properties. No primary or secondary nursery areas are located within the portion of Currituck Sound that would be affected by the project. Water resources in the project area are classified as SC (Aquatic Life, Secondary Contact Recreation, Tidal Salt Water) which are closed to shellfishing. Fishing waters in the area are classified as "Joint" which are jointly managed by NC Wildlife Resources Commission and NC Division of Marine Fisheries. Patchy submerged aquatic vegetation (SAV) was observed in affected portions of the Sound. An extensive band of coastal wetlands and non -coastal wetlands (Section 404 wetlands) occurs between Currituck Sound and the proposed development. Vegetation has been largely removed from upland portions of the tract. 10. PROJECT DESCRIPTION: Development proposed under this permit application will be comprised of: • a 56-slip marina extending 932 feet waterward of normal water level (nwl), • an 8-foot-wide pier and elevated accessway to access the marina from uplands, • 42 boatlifts measuring 12.5 feet by 12.5 feet, • 28 four -foot -wide finger piers to accommodate boat docking, • a kayak launching facility extending 101 feet waterward of normal water level (nwl), • two 36 feet by 36 feet elevated octagonal gazebos with observation decks, • a stormwater management basin (to be derived from an existing pond), and • mixed -use development comprised of 0 28 duplexes (56 dwelling units), 0 9 upper story apartments, 0 9 retail spaces, o a 150-seat restaurant, o a paddleboat rental concession, and o a 250-seat outdoor entertainment venue. As part of the marina, 42 boat slips with boatlifts are proposed for selected residents. An additional 14 slips (without lifts) are proposed for transient boaters. The slips will be accessed via 28 four -foot -wide finger piers ranging in length from 12 feet to 22 feet. Primarily for public safety reasons, the main pier Field Investigation Report: Outer Banks Ventures, Inc. DCM Major Permit Application PA-1183 Page 12 and elevated accessways will be eight feet wide. This width has been proposed by the applicant to allow a golf cart or UTV with an injured person to safely pass pedestrians on the walkway. A multilevel elevated accessway will connect the marina to the proposed upland development. A ship's store will be located on -site that will sell exclusively biodegradable cleaners. The applicant proposes to provide currently unspecified education and training on the site. The proposed marina and docks are being designed and will be operated in accordance with the NC Clean Marina Program Best Management Practices. No fuel facility is being proposed in connection with the marina. A tertiary wastewater treatment with membrane bioreactor and high -date infiltration disposal system is located on an adjacent property. A portable wastewater pump -out system is proposed to transfer boat waste from boat holding tanks to an on -site wastewater collection system. The on -site wastewater collection system will pump to the adjacent sewage treatment system which currently has sufficient capacity to accommodate the proposed project. A restroom/bath house is also being provided for use by boaters. Solid waste in the project vicinity is collected by Currituck County. Recycling containers and daily trash pick-ups will be provided for disposing of fish and fish carcasses. A six -foot -wide wide pier and elevated accessway is also proposed south of the main pier. The pier and accessway will connect to a floating dock assembly (a T-shape structure with dimensions 6' x 20' and 6' x 30') for the launching of kayaks in shallower water. A weir and drainage Swale at the outlet of the existing pond is being replaced with a low berm (ranging from I to 2 feet high to achieve a top elevation of 2 feet msl) and an outlet control structure. These modifications are proposed to allow for better management of stormwater from the pond and better protection of adjacent wetlands from erosive velocities during storm events. With the addition of the earthen berm and the outlet control structure, the applicant contends that the existing pond will have the capacity to meet the stormwater management needs of the development. A second pond is being excavated on the site. Proposed excavation that will convert existing vegetated wetlands to open water was acknowledged by the U.S. Army Corps of Engineers, Wilmington District in their February 15, 2024 Jurisdictional Determination (Action ID. SAW-2017-01236). The Corps' determination is based on the condition that "All spoil will be placed on uplands and the project will not involve the placement of fill material into any wetlands or other waters of the United States". The outline of the proposed pond is shown on Sheet 3 of 8 of the accompanying site plans. Development will include construction of a causeway across the existing pond to accommodate vehicular access. To accommodate development along the shoreline of the pond, bulkheads will be installed and backfill will be placed to stabilize the shoreline. Waterfront structures will be constructed by installing pilings using a small barge and barge -mounted equipment, bolting girders, joists and cross -bracing to the pilings, and adding decking to the completed joist system. Finally, boatlifts will be bolted to completed finger piers. Equipment will be stored on and/or immediately adjacent to upland portions of the 36-acre site. 11. ANTICIPATED IMPACTS: In total 782,922 square feet (17.97 acres) of open water, coastal wetlands, non -coastal wetlands, and uplands will be affected by the proposed project. Specifically: • The main pier will shade 7,168 square feet of open water. • The elevated accessway connecting the main pier to uplands will shade 2,552 square feet of coastal wetlands, 1,496 square feet of non -coastal wetlands (Section 404 wetlands), and 352 square feet of uplands. • The various docking facilities (such as finger piers, boatlifts, and fixed platforms) will shade 9,122 square feet of open water. Field Investigation Report: Outer Banks Ventures, Inc. DCM Major Permit Application PA-1183 Page 13 • The kayak launching facility will shade 782 square feet of open water, 642 square feet of coastal wetlands, 528 square feet of non -coastal wetlands (Section 404 wetlands), and 264 square feet of uplands. • The two gazebos will shade 2,258 square feet of open water and 88 square feet of coastal wetlands. • Installation of 112 free-standing tie -off piles will displace (fill) 39 square feet of shallow bottom. • Installation of an earthen berm and outlet control structure (needed to convert the existing pond to a stormwater management basin) will fill 1,148 square feet of non -coastal wetlands (Section 404 wetlands). • Creation of a second pond will require excavation of 63,162 square feet of non -coastal wetlands (Section 404 wetlands). This will convert 63,162 square feet of vegetated "Waters of the U.S." to open water "Waters of the U.S." • Construction of bulkheads around the pond (non jurisdictional under LAMA) will fill 22,389 square feet of open water "Waters of the U.S.". • Construction of the causeway to provide vehicular access across the pond (non jurisdictional under LAMA) will fill 17,532 square feet of open water "Waters of the U.S.". • Site development (construction of structures, roadways, parking areas etc., along with site grading and landscaping) will affect 653,400 square feet (15 acres) of uplands (high ground). In accordance with 15A NCAC 07H.208(b)(5)(D), the marina is allocated 27 square feet of docking area within Public Trust Areas for every linear foot of shoreline on the property. With 1,509 linear feet of shoreline, the maximum docking allocation would be 40,743 square feet. Total docking area needed for the proposed marine is 24,299 square feet — well under the maximum docking allocation of 40,743 square feet. Name: Martin Mitchell Date: February 29, 2024 Office: DCM Elizabeth City Regional Office Field Investigation Report: Outer Banks Ventures, Inc. DCM Major Permit Application PA-1183 Page 14 Permit Application Report Application ID Application Type Submitted App Complete Deadline Decision Expiration PA-1183 DCM Major Permit 08-29-2023 Primary Applicant Information Applicant Type Title Business Name Name Email Business Phone Mobile Phone Business/Company Outer Banks Ventures, Inc. Outer Banks Ventures, Inc. obvnc3@gmail.com 757 286 5859 757 286 5859 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 1099 Ocean Trail Corolla North Carolina 17927 PO Box 549 Corolla North Carolina 27927 Additional Applicant Information Applicant Type Title Business Name Name Email Business Phone Mobile Phone Business/Company Outer Banks Ventures, Inc. Outer Banks Ventures, Inc. obvnc3@gmail.com 757 286 5859 757 286 5859 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 1099 Ocean Trail Corolla North Carolina 17927 PO Box 549 Corolla North Carolina 27927 Registered Agent Information Agent Type Title Business Name Name Email Business Phone Mobile Phone Business/Company BPG, Inc BPG, Inc mark@bissellprofessionalgroup.com 2522613266 2522161833 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip PO Box 1068 Kitty Hawk NC 27949 PO Box 1068 Kitty Hawk NC 27949 Project Information Project Name Project Type Disturbed Land Area (Sq Ft/Acres) Corolla Boat Club Private/Community 653400 Sq. Ft. / 15 Acres Is proposed project located in national registered historic district or national register listed/eligible: False List of previous state or federal permits for work on project tract: NC Stormwater Permit No. SW7230209 issued to Outer Banks Ventures Inc. on April 10, 2023, NCDEQ Wastewater Collection System Permit No. WQ0044361 NC Erosion Control Permit No. Curri-2023-021 issued to Outer Banks Ventures Inc. on March 3, 2023, Project Location Information Address County River Basin Subdivision County Parcel ID Latitude Longitude Malia Drive Corolla, INC 27927 Currituck Pasquotank Monteray Shores PUD 0116000010A0000, 011600001060000, 011600001000000 36.32943 -75.82026 Project Discharges to State Waters Discharge Type Surface Runoff Sanitary Wastewater Industry/Commercial Effluent Vessel I Wash Down Residential Other Wastewater/Stormwater Discharged Into Wetland? Discharge Same Salinity as Receiving Waters Is There Any Mitigation Proposed True False True Detailed Description of the Existing Development Located on the Property Existing Man -Made Features: : device (weir). Existing Land Uses: Vacantland Existing Wastewater Treatment/Disposal: Tertiary wastewater treatment with membrane bioreactor and high -date infiltration disposal system is located on adjacent property Solid Waste/Fish Offal/Trash Disposal: =a Dy Currituck County Use and Daily Operations of the Project When Complete Proposed Development Purpose: There is a strong need for additional boat slips and water access on the Currituck Outer Banks, and this facility is expected to meet a public need that has been identified in the Currituck County Land Use Plan. Buildings/Facilities/Units/Structures: The proposed docks will serve 65 residential units, a restaurant , a paddleboat rental concession, and an outdoor entertainment venue. Forty-two boat slips will be allocated to the 65 residential units that are proposed for development on the property. An additional 14 slips will be for transient boaters who are visiting the restaurant and outdoor venue from other parts of Currituck County. There will be a ships store located in the restaurant building with a dock master to manage the boating operations. Two gazebos are proposed for the use of residents and visitors to the site. Use & Daily Operations: The Corolla Boat Club will be a residential boating community that will also have a commercial site with a restaurant and outdoor entertainment venue. Forty-two boat slips with lifts are proposed for the 65 residential units that are proposed for development on the property. An additional 14 slips are proposed for transient boaters that are expected to visit the restaurant and entertainment venue from other parts of Currituck County. Two covered gazebos (each measuring approximately 1,073 sq. ft. under roof) are also proposed, one near the shoreline and one at the end of the main pier, for use by residents and by visitors to the site. The proposed marina and docks are being designed and will be operated in accordance with the NC Clean Marina Program Best Management Practices. No fuel facility is being proposed in connection with the marina, and a portable wastewater pump -out system is being proposed to transfer boat waste safely from boat holding tanks to an on -site wastewater collection system that will pump to an adjacent sewage treatment system that has available capacity. A ship's store will be located on -site and will sell exclusively biodegradable cleaners. Education and training will be provided on site. Recycling containers and daily trash pick-ups will be provided for disposing of fish and fish carcasses. The main pier and elevated accessways are proposed to have an 8' width for public safety reasons. This width will allow a golf cart or UTV with an injured person to safely pass pedestrians on the walkway. A 6' wide pier and elevated accessway are also proposed for access to a floating dock (a tee shape with dimensions 6' x 20' and 6' x 30') for the launching of kayaks in shallower water. Construction Methodology & Equipment: _ _.__ __.d lifts will be construc— oy installing pilings using a small barge and barge -mounted equipment, bolting girders, joists and cross -bracing to the pilings, and then adding decking to the completed joist system. Finally, boat lifts will be bolted to the completed dock structure. Equipment will be stored on and adjacent to the upland portion of the 36-acre site. Development Activities Narrative Specifics: This application proposes the development of a 56-slip marina with 42 boatlifts and two gazebos with observation decks to serve the Corolla Boat Club, a mixed -use development of 28 duplexes (56 dwelling units), 9 upper story apartments, 9 retail spaces, a 150-seat restaurant, a paddleboat rental concession, and a 250-seat outdoor entertainment venue on a 36-acre tract. A portable pump -out facility will be provided to manage waste from on -board facilities. A restroom/bath house is also being provided for use by boaters. Application Narrative: Monteray Shores Planned Unit Development (PUD) was originally approved by for development by Currituck County in 1987. The Corolla Boat Club is a 36-acre tract owned by Outer Banks Ventures, Inc., and is one of the remaining undeveloped tracts of the original PUD. Outer Banks Ventures has plans to develop this tract into 28 duplexes (56 total units), three retail buildings with 9 upper story apartments, a paddleboat rental concession, a 150-seat restaurant and a 250-seat outdoor entertainment venue attached to the restaurant. A copy of site plans is attached. There is an existing man-made pond on the site, which currently serves as a stormwater management system for several adjacent properties. With the addition of an earthen berm and a new outlet control structure, the pond will have capacity to also meet the stormwater management needs of this development. Both NC Division of Coastal Management and the Corps of Engineers wetland delineations have been completed and are attached to this permit application. Waterfront development proposed under this application consists of a pier and elevated accessways from the proposed development to a proposed marina, consisting of 56 boat slips and 2 gazebos (each measuring approximately 1,073 sq. ft. under roof) with observation deck that will serve this community. Forty-two of the boat slips will have lifts and will be reserved for primary use by the residential units on site. The remaining 14 slips will be used for transient boaters who will visit the restaurant, shops, and entertainment venue. The slips are sequentially numbered on the plans according to their proposed use. The marina is sited in an area waterward of the shoreline (NWQ that has natural water depths ranging from 4 to 5 feet. A multilevel elevated accessway will connect the marina to the proposed upland development. Restrooms and showers are provided at the landward end of the accessway that accesses the boat slips. A 6-foot wide pier and elevated accessway with a small floating dock is proposed south of the main pier to provide water access for small craft such as kayaks. A weir and drainage Swale presently existing at the pond is being replaced with a low berm (ranging from 1 to 2 feet high to achieve a top elevation of 2 feet MSI-) and an outlet control structure that will better manage stormwater from the pond and better protect the adjacent wetlands from erosive velocities during storm events. This will involve the placement of approximately 746 sq. ft. of fill in Section 404 wetlands for construction of the berm, and approximately 402 sq. ft. of fill in Section 404 wetlands for construction of the outlet control structure. A second pond is also being excavated. Proposed excavation that will convert existing vegetated wetlands to open water (the second pond) was acknowledged by the U.S. Army Corps of Engineers, Wilmington District in their February 15, 2024 Jurisdictional Determination (Action ID. SAW-2017-01236). The Corps' determination is based on the condition that "All spoil will be placed on uplands and the project will not involve the placement of fill material into any wetlands or other waters of the United States". The outline of the proposed pond is shown on Sheet 3 of 8 of the accompanying site plans. Upland development will include construction of a causeway across the existing manmade pond (placement of approximately 17,532 sq. ft. of fill in waters of the US) and bulkheading to stabilize the shoreline of the existing manmade pond and placement of fill behind the bulkhead to accommodate the development, (placement of approximately 22,389 sq. ft. of fill in waters of the US). The proposed marina and docks are being designed and will be operated in accordance with the NC Clean Marina Program Best Management Practices. No fuel facility is being proposed in connection with the marina. Most boats are expected to be small and will be without on -board sanitary facilities; however, a portable wastewater pump -out system is being proposed to pump boat waste safely from the holding tanks of the few boats that are large enough to have tanks. The waste will be disposed of through the wastewater collection system on the site that will pump to an adjacent sewage treatment system that has available capacity. A ship's store will be located on -site, which will sell exclusively biodegradable cleaners. Education and training will be provided on -site. Recycling containers and daily trash pick-ups will be provided for disposing of fish and fish carcasses. For public safety reasons, an 8' width is proposed for the elevated accessway and pier that will serve the boat docks for public safety reasons. The 8' width will allow a golf cart or UTV to carry an injured person to shore while providing space to safely pass pedestrians along the walkway. There is a strong need for additional boat slips and water access on the Currituck Outer Banks, and this facility is expected to meet a public need that has been identified in the Currituck County Land Use Plan. Currituck County has issued a Special Use Permit for the marina and for the site development plan. Boat Ramp Development Activity Included: False Shoreline Stabilization Development Activity Included: True Has There Been Erosion in the Preceding 12 Months Amount of Erosion (Feet Within the Past 12 Months) False Source of Erosion Amount Information Living Shoreline Development Activity Included: False Piers & Docking Facilities Development Activity Included: True Docking Facilities Details Facility Use # of Tie Pilings Existing Slips New Slips Commercial 112 0 56 Commercial 112 0 54 Piers & Docking Facility Structures Structure Type Length Width Quantity Boatlift 12.5 12.5 42 Fixed Piers 1215 8' 1 Fixed Piers 22 4' 22 Fixed Finger Piers 12 4' 6 Fixed Platforms 36 36 2 Fixed Platforms 32 8 1 Fixed Piers 236.5 8' 1 Floating docks 50 6' 1 Fixed Piers 312 6' 1 Fixed Platforms 10 8' 1 Fixed Platforms 18 8' 1 Fixed Platforms 9 8' 1 Freestanding Moorings & Buoys Associated With This Docking Facility Structures Consistent With Water Use Plan Existing Freestanding Moorings & Buoys Slips New Freestanding Moorings & Buoys Slips False Buoy Details: Moorings & Buoys Details Mooring or Buoy Distance From Shoreline I Arc of Swing Water Depth Excavation Development Activity Included: False Bridges & Culverts Development Activity Included: False Oceanfront Erosion Control Development Activity Included: False Temporary Structures Development Activity Included: False Utility Crossings Development Activity Included: False Freestanding Moorings, Buoys & Bird Nesting Poles Development Activity Included: False Log Removal/Marine Debris Development Activity Included: Yes/No Navigational Aids Development Activity Included: False Other Fill Below Water Level Development Activity Included: False Stormwater Structures Development Activity Included: True Stormwater Structures - General Does Stormwater Structure Have an Oceanfront Component: False Navigational Aids Details Number of Buoys Number of Day Markers Min Distance Each Aid Placed Beyond Shoreline Max Distance Each Aid Placed Beyond Shoreline "Upland Development" Development Activity Included: True Upland Development Details # of Lots/Parcels Created Lots Platted & Recorded Date #Residential Units Units per Acre Area Size to be Disturbed (sq ft) Tract Has State or Local Approval 56 1 True Date Site Development Plan Submitted Date Sedimentation & Erosion Control Plan Submitted Impervious Coverage (% Within AEC) Impervious Coverage (% of Entire Tract) Project Includes Innovative Stormwate Design False Upland Development Details # of Lots/Parcels Created Lots Platted & Recorded Date #Residential Units Units per Acre Area Size to be Disturbed (sq ft) Tract Has State or Local Approval 56 9/11/2007 65 1.8 653400 True Date Site Development Plan Submitted Date Sedimentation & Erosion Control Plan Submitted Impervious Coverage (% Within AEC) Impervious Coverage (% of Entire Tract) Project Includes Innovative Stormwate Design 2/23/2023 2/8/2024 0.00 21.40 False Upland Development Details # of Lots/Parcels Created Lots Platted & Recorded Date #Residential Units Units per Acre Area Size to be Disturbed (sq ft) Tract Has State or Local Approval True Date Site Development Plan Submitted Date Sedimentation & Erosion Control Plan Submitted Impervious Coverage (% Within AEC) Impervious Coverage (% of Entire Tract) Project Includes Innovative Stormwate Design False Energy Facilities Development Activity Included: False Aquaculture Development Activity Included: False Submerged Lands Mining Development Activity Included: False General Development Activity Details Required General Development Activity Questions These questions are applicable if 1 of the following development activities are included in the project (Boat Ramps, Freestanding Moorings, Buoys & Bird Nesting Poles, Piers & Docking Facilities, Temporary Structures, Living Shorelines, Shoreline Stabilization Submerged Lands Mining) Boat Type(s) Typical Boat Length Other Boat Type (Describe) Open runabout; Sail boat; Personal water craft; 24 Kayak Non -motorized Adj Riparian Property Line #1 (Proximity of Adj Riparian Property Line #2 (Proximity of Adj Riparian Property Line #3 (Proximity of Structure Nearest to Property Line) Structure Nearest to Property Line) Structure Nearest to Property Line) 420 846 Width of Water Body Water Depth @ Waterward End of Water Depth @ Most Landward Water Depth @ Most Waterward Structure (NLW or NWL) Boat Slip (NLW or NWL) Boat Slip (NLW or NWL) 22500 5 1 4 5 Navigational Number of Number of Day Min Distance of Each Aid Placed Max Distance of Each Aid Placed Aids Required Buoys Markers Beyond Shoreline Beyond Shoreline False Marina Development Activity Details Required Marina Details These questions are applicable if there are a combined number of slips of 10 or more across all development activities Repair or Maintenance Services Travel Lift and/or Rail Fuel & Marine Supplies Dry Storage (# of Boats) Lease of Slips Other Services False False False 0 True False Detailed Plan - Location of Repair/Maintenance Services & Efforts to Contain Debris/Runoff From Entering Adjacent Wetlands/Water Bodies Not applicable. Provide a Detailed Plan of the Location of Fuel Handling Facilities & Describe Safety Measures Planned to Protect Water Quality Not applicable. Other Services (Detailed Description) Industrial Pollutants Being Used (Paint, Sandblasting Waste, Petroleum Products, Vessel Maintenance Operations) Industrial Pollutants Management Plan False # of Toilets # of Showers Location of Toilets 8 2 Ships Store adjacent to dock Boat Holding Tank Pumpouts Existing Pumpouts Proposed Pumpouts Pumpouts— Location of Each Pumpouts—Type of Each True 0 1 Next to ships store & restaurant Portable How Will Overboard Discharge of Sewage From Boats be Controlled Number of Channel Marker or No Wake Signs Proposed Provide Details to the Type of Signage and Location of the Signs Signage provided; pumpout facility provided; enforcement by commodore at ship's store. One at gate to dock area; one at transient boat dock area. Marina Safety Policy on Overnight & Live Aboard Storage Marina Located Within or Close Proximity to Shellfish Lease Shellfish Lease Proximity to Marina Shellfish Leasholder(s) Name & Address No overnight or live -aboard dockage will be allowed. False AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Corolla Boat Club, LLC Mailing Address: Phone Number: Email Address: 1099 Ocean Trail, P.O. Box 549 Corolla NC 27927 (757) 286-5859 rcwillis@outerbanksventures.com 1 certify that I have authorized Outer Banks Ventures, Inc, Richard Willis Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Corolla Boat Club at my property located at Malia Drive, Monteray Shores, Corolla, NC , in Currituck County. I furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signa ure Richard Willis Print or Type Name Joint Manager, Corolla Boat Club, LLC Title 2 146 12024 Date This certification is valid through 1 / No expiration ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality May 1, 2023 Currituck County Attention: Donald I. McRee, Jr., County Manager 153 Courthouse Road Currituck, North Carolina 27929 Re: Engineering Plans Approval Distribution Extension Corolla Boat Club — Phase 1 (Monteray Shores Phase 10) Southern Outer Banks Water System Water System No.: NC6027001, Currituck County Serial No.: 23-00273 Dear Applicant: Enclosed please find one copy of the "Application for Approval..." together with one copy of the referenced engineering plans bearing the Division of Water Resources stamp of approval for the referenced project. These engineering plans are approved under Division of Water Resources Serial Number 23-00273, dated May 1, 2023. Engineering plans prepared by Mark S. Bissell, P.E., call for the installation of approximately 1,000 feet of 8-inch water main, fire hydrants, valves, and associated appurtenances along Malia Drive and Virginia Lane to serve proposed 32 connections (5 single-family lots, 1 commercial lot, 25 townhomes, and clubhouse) located off Malia Drive, west of intersection with Ocean Trail (NC Hwy 12) in Corolla, Currituck County, NC. The proposed 8-inch water main will connect to an existing 8-inch water main along Ocean Trail at the intersection with Malia Drive. Construction of this project must be in accordance with the Currituck County's standard specifications. Please note that in accordance with 15A NCAC 18C .0309(a), no construction, alteration, or expansion of a water system shall be placed into service or made available for human consumption until the Public Water Supply Section has issued Final Approval. Final Approval will be issued and mailed to the applicant upon receipt of both an Engineer's Certification and an Applicant's Certification submitted in accordance with 15A NCAC 18C .0303 (a) and (c). These plans in the foregoing application are approved insofar as the protection of public health is concerned as provided in the rules, standards and criteria adopted under the authority of Chapter 130A-317 of the General Statutes. This approval does not constitute a warranty of the design, construction, or future operation of the water system. D_E Q�I NORTH CAROLINA OeparlmeM of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1634 Mail Service Center I Raleigh, North Carolina 27699-1634 919.707.9100 Currituck County Attention: Donald I. McRee, Jr., County Manager Page 2 of 2 May 1, 2023 One copy of the "Application for Approval..." and a copy of the plans with a seal of approval from the Department are enclosed. One copy of the approved documents in a digital format (CD) is being forwarded to our Washington Regional Office. The second copy of the CD is being retained in our office. If the Public Water Supply Section can be of further service, please call (919) 707-9100. Sincerely, 7 in✓v/!/C.!/el��/for Shawn F. Guyer, P.E. Deputy Section Chief Public Water Supply Section Division of Water Resources SFG/MH Enclosures: Approval Documents cc: Jamie Midgette, P.E., Washington Regional Office Currituck County Health Department Bissell Professional Group D E Q��1/ North Carolina Department of Environmental Quality I Division of Water Resources v 512 North Salisbury Street 1 1634 Mail Service Center I Raleigh, North Carolina 27699-1634 NOFrH CAFouNA 919.707.9100 Department of ea,iroameafai aaar� /`� *1 o co � M © R o v �m c d v Qw N p a N z� _vs� ® N a© � � J� Z v O = � C ° 0 "O _ p N ;� *1 mu W J G O LLp O O o > o �+ �N >� Low R N az RC�p N _ s �� 2 z W W cl OEM CL v cn D IL O = O 0 cc ui > mi 1; O m _ Amk O LLB 4w mi s � ci o N O = In LU 'a C y O .a = C. d d O In = !� O ti 'i � R p z >�N z m ai L O R Q Z 1 � i L 0 t� S � CD 2 (. . (D0 f0{ ®0 E & =_ cok / CM , §«f \ \\. \ / 0 < u ( LOU, �00 / . \�{ . — # V) � \ 3 / /§§G\§ �� q \ D J - Q \ � Q .� 2 0) CD/ -U 2 © O � 7 ) o _ _■ ■ ■ �� F • O 4.. • SAW-2017-01236 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW-2017-01236 County: Currituck County NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED Property Owner: Outer Banks Ventures, Inc. C/O Richard Willis Address: Post Office Box 549 Corolla, North Carolina 27927 Telephone Number: 252-261-1760 A Size and Location of Property (waterbody, road name/number, town, etc.): The project area is located at Parcel 10 Monteray Shores P.U.D., off Malia Drive and Ocean Trail Highway, adiacent to a man-made pond and the Currituck Sound, near Sanders Bay, in Corolla, Currituck County, North Carolina. NC Parcel: 9935-63-4485. Deed Book 1161. Page 734. Description of Activity: Excavation of an approximate 100 ft wide by 600 ft long pond as depicted on the attached plat prepared by Bissell Professional Group, dated February 14, 2024. Project No: 4596. CAD File: 459600WL3R1. All spoil will be placed on uplands and the proiect will not involve the placement of fill material into any wetlands or other waters of the United States. Your work as proposed does not require Department of the Army authorization for the following reason(s): _ The entire property is composed of high ground. Therefore, your proposed activity will not occur in any aquatic resources. _ The proposed activity will occur in non jurisdictional waters and/or wetlands. X The proposed activity is not regulated and/or does not include regulated discharges of dredged or fill material. There is a revised jurisdictional determination associated with the project site for the proposed pond. The remainder of the identified wetland line remains consistent with the previous July 8, 2021, wetland survey map. _ The proposed activity is exempt from Department of the Army regulations. A jurisdictional determination was not completed with this request. This letter does not address nor include any consideration for jurisdiction on aquatic resources and shall not be interpreted as such. This is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. This Department of the Army determination does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal Management in Elizabeth City, North Carolina, at (252) 264-3901 to discuss any required State authorization. Any changes in the above described work must be coordinated with the Corps of Engineers prior to commencement. If you have any questions regarding the Corps of Engineers regulatory program, please contact Raleigh Bland at telephone number (910) 251-4564 or Raleigh.W.Bland(ausace.army.mil. Regulatory Project Manager Signature VAW'y" 1 S r W G Date: February 15, 2024 SAW-2017-01236 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hLtp://colpsmUu.usace.aM.mil/cm apex/f?p=136:4:0. d° W JV7d QNV7JaM POP �jj,—S i Id u3 63 •a ! ! w m CO VM70HVO HLHON .IJNIIOJ 3IOIIM91]O HOE HOHVNE HV7d0d al • scz °° BOYI MJI MJI -- tllq ONOd l3Btll 90V SNOISIA3d lVtl3N30 9Z 9L Z 9Z 6 Z 9Z 9Z L Z _Z __ R�- easy y=e o " F=wy6�H ugew� yy=ry ZLyy �r��OZ�� iy��TL,To *p OT r��.1�99Zd V ll .J I3 if Y Wl4 JY L I ✓QY O z aS8-] dn°�� lou°issa;°�d Ilass!g luss ^Aj j I 171j j'r17.� [Y�j/L jj.] gj17 j N sgxnJXSA a a D L I 'ON w S" AB NOLLdItlOS30 sNoisin3a 31tl0 A. s111�L Y am ,3 oad a EcoSo E`o .. «oo1E 3 w °Ea 3 ; at 31noa 3 'a a Z �Em°O_ 9c¢i "d id Q•O� ;6 S N C'�$•m €_ 3 ba a la CZ`P ;�aq'so- I 1.8 0 9ll �z$g� �•R m `oou - io Fo a r�Jgg�"O1 f �E m � � cal i �;='� � 5 e •"• ll� 011 ' i \ z SZA 59 0 0o d z a >�> ?� os��✓ as N \ 5��. �QZN �>� ova �.2> �s>", � ono n - •� •pY�f> > aQa> > i3 ��M \�LL •� � - �\ o maw 3 > S > 5az >> 4 f3..U..�.�..�>> w of t = -mow m W U F U f a 3 fl F (n m O >>> >>>�: —' m � � •.2F0 �'' nti 1.� V r Q¢Kp m z Z U H1bON Q Z i � a Z N� Z LNN7. 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SONIh1diIQ NOIS,OR2LLSN00 �Nv'lamH:1nsan0 "''SSM N�,O��H�aON .N.O.r...�aa�� e iNa ao�ana0 RMD IVOR V11ONOO SNOISIAB?l O SDNIh1V2IQ NOLLOfIELSNOO a o w . � , eoum3o3xon aHIANHAO a�� Sm o NI,oadO—ON AiNnoomoniiddno dIHSWOi HONVd9 —Od gn-D IVOR V-1-10 IOC SNV'ld}Doc SNOTS I�3?J 4 O ee< .aa 4u o 0 S a / e / i o i gse i � o El p A a as n p � p �w o p .,� SONIk1VHG NOI LOf12LLSNOO a o § w �4�1r � NI.......... ''...'g,...lil.. dIHSNMOIH�MM9iMd � NV�doQ gn�o r VoV��oxoo No_��3a SNOISIA3?J � SONIMV2IQ NOLLJfIlUSNOJ s-nviaO� sNV�a � O��H�aON �N�o�r����aa�� d�Hs O�H�N�ea d �o DmHw a os�dD RMID IVOR V11ONOD =� SNOIS-1 O �a MWOaD TIMNOISSIdOdd 1 SDNIAXVHG X0LLDf12LLSX00 RMD IVOR V11ONOD CHfIMLLMOD S-iivLEIC DMHNv2ldoElffZvD I SONIMVHG N0LLOf12LLSN00 o OHII moo S'IIV, cl a NnomnuinoN niNOm��nV1 dluslvnnoiu�nvaeamd °NNolu'SIA `JNIIHV2ld OHHZvD gn��.I.VOg V�1ONOD a 3 SNOISI�?J O U s ; 3 w 00 ao U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01236 County: Currituck U.S.G.S. Quad: Mosses• Island NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Outer Banks Ventures, Inc. C/O Richard Willis Address: Post Office Box 549 Corolla, North Carolina 27927 Telephone Number: 252-261-1760 A Size (acres) 36.1 Acres Nearest Waterway Sanders B� USGS HUC 03010205 Nearest Town Corolla River Basin Currituck Sound Coordinates Latitude: 36.327407 N Longitude:-75.819538 W Location description: Property is located at Parcel 10 Monteray Shores P.U.D, off Malia Drive and Ocean Trail Highway, adjacent to a man-made pond and the Currituck Sound, near Sanders Bay, in Corolla, Currituck County, North Carolina. NC Parcel No. 9935-63-4485. Deed Book 1161. Page 734. Indicate Which of the Following Applr : A. Preliminary Determination There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an. effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is,a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 5 SAW-2017-01236 Outer Banks Ventures. Inc. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on April 23.. 2020. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC 252-264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Raleigh W. Bland, SPWS at 910 251-4564 or Ralei h.w.bland a.usace.arm .mil. C. Basis For Determination: This site meets all of the required wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Interim Regional Supplement (Supplement) to the 1987 Wetland Delineation Manual. The waters and wetlands are part of a broad continium of wetlands connected to the Currituck Sound. D. Remarks: A Department of the Army Permit is required for any work on this property in jurisdictional waters or wetlands. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Page 2 of 5 SAW-2017-01236 Outer Banks Ventures, Inc. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by June 23, 2020- **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination. in this correspondence. * * (^ f D Corps Regulatory Official: _ - �► `� Date: April 23, 2020 Expiration Date: April 23, 2025 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.annv.mil/cm a ex/f?=136:4:0. Copy Furnished: CESAW/RG-WBland Page 3 of 5 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR .APPEAL Applicant: Outer Banks Ventures, Inc. File Number: SAW 2017-01236 , Date: April 23, 2020 I Attached is: I See Section below l INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at htt://www.usace.armv.mil/Missions/CivilWorks/Re ,41 ton,Pro x aman Permits.as x or Corps regulations at 33 CFR Part 33I . A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the pennit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terns and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this forn and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. Page 4 of 5 SAW-2017-01236 Outer Banks Ventures. Inc E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Raleigh W. Bland, PWS CESAD-PDO 2407 West 5" Street U.S. Army Corps of Engineers, South Atlantic Division Washington, North Carolina 27889 60 Forsyth Street, Room 1OM15 910-252-4558 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Raleigh W. Bland, PWS, 2407 West 5" Street Washington, North Carolina 27889 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Page 5 of 5 - cov 41 PY HP o.,I�J.t n so z.-6. u Lppw�ybN:t;A asgpcepp9�� dk��� a.asp=.��aR9.�KXGvg.YYxH�aya,�= R q R a• r A Y. a ; =. 8. `v R � � ., � � si 2 fI �, >s � � q 4 q � � �P5aaa�9���1���1aa��� • r � � �+a.RJR=Kq�a.�&d.K?av4°.�S�QR;Krt�;e.� y ; .� ®® 1 i 5 1 a S S =4 gg o CO jA �1f000 D-1 Nb-r, r^ yr fnm nt��{n_ ��f•1 rC �DA AI'•ICN D Zbi�np� h � N]rooY O C�2m�my �f = �om A�mN �J��gaO N 1�ll yN��v a vo n,5 'd �k�cdd�ee� R aim S IC a R G P• r N 9 4� �" 17 a b SS 1'� q '� � W ['D n �� 0� C Z v C i C gz N �..,� `• .+•�.+ ! NORTH nz g krv� �, A g \4N z r f`bJ• fCD T � r = Q m ' �o. ° � t • vow, �'e. �� � �^,�� n;' \,'.'tom•`• ! .tt•�q., `,` 1 'N..�,��~m `' �o Qom /� /,•L4 �' • . • , •10 C 'nC• �� �J.9 �s ag88�^3� r r a9 . ` MC RouTE 12 4 �'nn,,n,rdmuk j-e REVISIONS Ra DATE DESCROMONBr 6� 0 UTER BANKS VENTURES, INC JESSELU- �•"°' 10 NONTERAY SHORES P.U.D. � (DPARCEL 0 H•w, wu c a� �v. "' a 404 WETLAND PLAT:. •� _ a �, �, ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Travis Dupree, VP of Engineering Carolina Water Service of NC 4944 Parkway Plaza Blvd. Suite 375 Charlotte, NC 28217 NORTH CAROLINA Environmental Quality May 4, 2023 Subject: Permit No. WQ0044361 Carolina Water Service of NC Corolla Boat Club- Phase 1 (Monteray Shores Phase 10) Wastewater Collection System Extension Permit Currituck County Dear Mr. Dupree: In accordance with your application received April 12, 2023, and additional information received on May 3, 2023 we are forwarding herewith Permit No. WQ0044361, dated May 4, 2023, to Carolina Water Service of NC (Permittee) for the construction and operation upon certification of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.1: This permit shall not be automatically transferable; a request must be made and approved. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee. Condition 11.7: Upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. Permit modifications are required for any changes resulting in non-compliance with this permit, regulations, or the Minimum Design Criteria. [15A NCAC 02T.0116] It shall be responsibility of the Permittee to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Carolina Water Service of NC Permit No. WQ0044361 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 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, INC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Sarah Toppen at (252) 946- 6481 or via e-mail at Sarah.Toppen@ncdenr.gov. Sincerely, Plow T" for Richard E. Rogers, Jr. Director, Division of Water Resources by Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ cc: Travis Dupree, VP of Engineering (travis.dupree@corix.com) Mark Bissell, PE (mark@bissellprofessionalgroup.com) Laserfiche Page 2 of 8 NORTH CAROLINA Environmental Quality 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 Carolina Water Service of NC for the construction and operation of approximately 626 linear feet of 8-inch gravity sewer; a 82—gallon per minute pump station (Pump station 14, Corolla Boat Club) with duplex pumps, on -site audible and visual high water alarms, telemetry, and a permanent generator with automatic transfer switch; as well as approximately 630 linear feet of 4-inch force main; to serve as part of the Corolla Boat Club- Phase 1 (Monteray Shores Phase 10) project (Five, eight -bedroom homes, 10 boat slips, and a 125-seat restaurant), and the discharge 9,900 gallons per day of collected domestic and commercial wastewater into the Monteray Shores existing sewerage system, pursuant to the application received April 12, 2023, and additional information received on May 3, 2023 and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Plow T" for Richard E. Rogers, Jr. Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0044361 Permit Issued: May 4, 2023 Treatment Facility: Monteray Shores Wastewater Treatment Facility (WQ0044361) Page 3 of 8 SUPPLEMENT TO PERMIT COVER SHEET The Permittee is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. No flow in excess of the quantity permitted herein, 9,900 GPD, shall be made tributary to the subject sewer system until an application for permit modification for an increase in flow has been submitted to and approved by the Division. [15A NCAC 02T.0304(b)] 2. Each pump station shall be clearly and conspicuously posted using a weatherproof sign with a pump station identifying name/number, 24-Hour Emergency telephone number, and name of the owner/operator of the sewer system/pump station and instructions to call the number in the event of alarm activation or other emergency. Simplex pump stations or vacuum sewer pits serving a single-family residence may have a placard or sticker on the control panel in lieu of a sign. [15A NCAC 02T .0305(h)(2)] II. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S. 143-215.1(d3)] 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. [15A NCAC 02T .0110] Page 4 of 8 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 02T.0403. If an individual permit is not required, the following performance criteria shall be met: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six -months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi- annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 5. Noncompliance Notification: Page 5 of 8 The Permittee shall report by telephone to a water resources staff member at the Washington Regional Office, telephone number 252-946-6481, as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume, that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part 11 of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143- 215.1C(a1)] 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. [15A NCAC 02T.0108(b)] 7. Upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided, or in written summary form. Page 6 of 8 Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non-compliance with this permit (including but not limited to pipe length changes of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case -by - case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After - construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification & activation. [15A NCAC 02T .0116] 8. Gravity sewers installed greater than ten percent below the minimum required slope per the Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been examined, a slope variance can be requested from the Division with firm supporting documentation. This shall be done through a permit modification with fee. Such variance requests will be evaluated on a case -by -case basis. Resolution of such request shall be evident prior to completing and submitting the construction certification. [ 15A NCAC 02T.0105(n)] 9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. [15A NCAC 02T .0116] 10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. [15A NCAC 02T .0108(b-c)] 11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T .0110; 15A NCAC 02T .0108(b)] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which may be required by the Division or any other Federal, State, of Local government agencies. [G.S.143- 215.1(b)] 13. The Permittee shall provide for the pump station and force main the following items: a. Pump Station Reliability [15A NCAC 02T .0305(h)(1)]: 1. Pump stations, except when exempted by Subparagraph (j)(2) of 15A NCAC 02T.0305, shall be designed with multiple pumps such that peak flow can be pumped with the largest pump out of service. Page 7 of 8 2. A standby power source or pump is required at all pump stations except for those pump stations subject to Subparagraph (j)(2) of 15A NCAC 02T.0305. Controls shall be provided to automatically activate the standby source and signal an alarm condition. 3. As an alternative to Part (c) for pump stations with an average daily design flow less than 15,000 gallons per day as calculated using 15A NCAC 02T.0114, a portable power source or pumping capability may be utilized. It shall be demonstrated to the Division that the portable source is owned or contracted by the permittee and is compatible with the station. If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. 4. As an alternative to Part (ii) for pump or vacuum stations connecting a single building to an alternative sewer system, wet well storage requirements shall be documented to provide 24-hours' worth of wastewater storage or, exceed the greatest power outage over the last three years or the documented response time to replace a failed pump, whichever is greater. Documentation shall be required pursuant to the permit application. b. All pump stations designed for two pumps or more shall have a telemetry system to provide remote notification of a problem condition to include power failure and high water alarm. [15A NCAC 02T .0305(h)(1)(E)] c. High water audio and visual alarm. [15A NCAC 02T .0305(h)(1)(F)] d. Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24- hour emergency number and instructions to call in case of emergency. Simplex pump or vacuum stations serving a single-family residence shall have a placard or sticker placed inside the control panel with a 24-hour emergency contact number. [15A NCAC 02T .0305(h)(2)] e. Screened vents for all wet wells. [15A NCAC 02T .0305(h)(3)] f. The public shall be restricted access to the site and equipment. [15A NCAC 02T .0305(h)(4)] g. Air relief valves shall be provided at all high points along force mains where the vertical distance exceeds ten feet. [15A NCAC 02T .0305(h)(5)] Page 8 of 8 ENGINEERING CERTIFICATION Permittee: Carolina Water Service of NC Issue Date: May 4, 2023 Permit No: WQ0044361 County: Currituck Project: Corolla Boat Club- Phase 1 (Monteray Shores Phase 10) This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of this permit until the Division has received this Certification and all required supporting documentation, which includes: One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. Permit modifications are required for any changes resulting in non-compliance with this permit. A detailed description for partial certifications should be attached to this form along with any certification comments. Certification should be submitted in a manner that documents the Division's receipt. The Permittee is responsible for tracking all partial certifications up until a final certification is received. PERMITTEE'S CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature Date ENGINEERS CERTIFICATION I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the project name and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: approximately 626 linear feet of 8-inch gravity sewer; a 82—gallon per minute pump station (Pump station 14, Corolla Boat Club) with duplex pumps, on -site audible and visual high water alarms, telemetry, and a permanent generator with automatic transfer switch; as well as approximately 630 linear feet of 4-inch force main; to serve as part of the Corolla Boat Club- Phase 1 (Monteray Shores Phase 10) project (Five, eight -bedroom homes, 10 boat slips, and a 125-seat restaurant), and the discharge 9,900 gallons per day of collected domestic and commercial wastewater into the Monteray Shores existing sewerage system, and in conformity with the project plans, specifications, supporting documents, and design criteria subsequently filed and approved. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. North Carolina Professional Engineer's Seal w/signature & date: ❑ Final ❑ Partial (include description) Send the Completed Form & Supporting Documentation to the Following Address: DWR WATER QUALITY PERMITTING SECTION WASTEWATER BRANCH — MUNICIPAL PERMITTING UNIT 1617 Mail Service Center Raleigh, NC 27699 N October 30, 2023 Reconfirmation of May 12, 2022 Coastal Wetland Determination Conducted for Outer Banks Ventures Inc. Currituck Sound, Corolla, North Carolina BOOK 116 1 PAGE 0 7 3 0 �IIIriII�NNIIIII�I1�11�11N�NINI�IINfl�l�lllflllll�III11�1 X� Doc ID: 002318740005 Type. CRP C Recorded: 05/10/2011 at 04:4342 PM Fee Amt: $31.00 Page 1 of 5 1� Excise Tax: $0.00 / Currituck county, NC Charlene YDowdy Register of Deeds Tax Colleci�%rtification That No Delinquent Taxes BK 1 161 PG 7 3 4 - 7 3 8 Are Me. D 1 By T`C %: Certif cation expires Jan. 6th of t e ear following certification date. O NORTH CAROLINA NON -WARRANTY DEED "Developer 4 Rights Only & Fee Simple Rights to Underlying Lands of Malta Drive" LT#: Yh Land Transfer Tax: $0 Excise Tax: $0 Parcel Identifier Nos: 01 160000r000, 011600000100000 Verified by Currituck County on the day of 2011 By: Mait/Box to: Kellogg & Evans, PA A 37D This instrument was prepared by: Daniel houry, Esq., Vandeventer Black LLP, 305 Essex Square, Manteo, NC 27954 Delin uent taxes if an to be aid b the c in attome to the count tax collector upon disbursement of elosin roceeds. Brief description for the Index: Parcel 9, Par 0, & Malia Drive Monteray Shores THIS DEED made this /Q day of May 201 I, bya tl between GRANTOR GRANTEE MONTERAY SHORES, INC., Cnl OUTER BANKS VENTURES, INC. a North Carolina corporation a North Carolina corporation 5299 Pennock Point Road 215 Brooke Avenue, Unit 1001 Jupiter, FL 33458 f1corfolk, VA 23510 Enter in appropriate block for each Grantor and Grantee: name, mtTA g address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include saii�yrties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W ITNESSETH, that the Grantor, for a valuable consideration paid by the0antee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee, its successors and assigns, all of Grantor's right, title and interest in and to those certain lots or parcels situated in the Poplar Branch Township, Currituck County, North Carolina, and more particularly described on Exhibit A attached hereto and hereby made a part hereof (the "Property"). TRANSFER TAX AMOUNT 1t/4,tNt TL-s DATEIC01-EC"I'OR S -1d-moll rn NC Bar Association Form No. 3 © 1976, Revised © I/1/2010 C, Printed by Agreement with the NC Bar Association 16 0 Y Book 1161 Page 734 BOOK ����PpGEr' ^a EXHIBIT A a vs P6l I: Legal Description for Parcel 10 Utility Open Space 1�)Q Lying and being in Poplar Branch Township, Currituck County, North Carolina and being described as Parcel 10; Utility Open Space, klvn in a plat prepared by Coastal Engineering & Surveying, Inc., recorded on September 11, 2007 in the Currituck County Register ed, titled, "Monteray Shores P.U.D. W. W.T.P. CAROLINA WATER SERVICE, AMENDED FINAL PLAT", as shown on plat of r�"d found in Plat Cabinet K, Slides 49-51 of the Currituck County Registry (and hereinafter referred to as the "Coastal Plat"), and mQT� particularly described as follows_ Beginning at a North Carolina Geodetic Survey monument known as "Ncrbert", with North Carolin,O id Coordinates 952,250.3119 N and 2,936,969.5120 E, located within the development known as "Buck Island, P.U.D.", and fo in the top of the curbing on the north side of Orion's Way; thence N 63`16' 10" West 700.75 feet to a point located in the Northern lie f the Tim Buck II Subdivision as more particularly shown in Plat Cabinet E, Slide 102 in the Currituck County Registry, North Ca ohna, being the "True Point of Beginning"; thence proceeding S 73' 11'26" West a distance of 1,043.98 feet along the Northern line oft forereferenced Tim Buck It Subdivision plat to a point located in the Eastern shoreline of Currituck Sound; thence following the fo mg courses and distances along the Eastern shoreline of Currituck Sound: N 08' 17'26" East334.30 feet, N 31'49'31" West 369.62 N 14'02' 13" East 157.53 feet, N 31'22' 18" West 372.33 feet and N 28' 13'27" East 170.25 feet to a point located in the Southern lin�eaf Monteray Shores Phase II as more particularly described in Plat Cabinet D, Slides 54-6) in the Currituck County Registry, North C' na; thence proceeding along the Southern line of the aforereferenced Monteray Shores Phase II N 47'50'41" East 1,059,66 feet n iron rod, this being the Northeastern most point of Parcel 10 Utility Open Space as shown on the aforereferenced Coastal Plat; t e cornering and proceeding along the Western boundary of Parcel 9 Utility Open Space S 24'59' 13" East 895,95 feet to an iron rod e Northwest corner of Parcel 8 Open Space shown on the Coastal Plat; thence proceeding S 15'57' 18" East 67.05 feet along t Vestem line of Parcel 8 Open Space to an iron rod; thence continuing along the Western line of Parcel 8 Open Space S 34'57'06" East 25.28 feet to an iron rod; thence cornering N 51 ° 11'37" East 76.92 feet to an iron rod marking the Southeast corner of Parcel 8 Open Space, said iron rod being located in the Western margin of the 50' right of way of the private road Malia Drive; thence proceeding alon �;e Western margin of the right of way of Malia Drive S 45' 13'47" East 70.44 feet to an iron rod; thence continuing along the Eastern rye in of the right of way of Malia Drive S 45' 13'47" East 30.17 feet to an iron pipe being a control corner in that property owned by Connla Worship Center of the Assemblies of God as found in Deed Book 761, Page 929 and in Plat Cabinet G, Slide 205; thence along the AID h line of the Corolla Worship Center S 58'09'22" West 175 feet to a point; thence cornering and proceeding along the Western li�txhe Corolla Worship Center S 04°43'46" West 145.59 feet to a point in the Northern line of that development known as Buck Island, l� PD., thence following the following courses and distances along the Northwestern most point of Buck Island, P.U.D.: S 73'11'21"*est 78,97 feet , S 10° I8'28" West 25.83 feet, S 30`51'08" West 101.58 feet, S 07' 52' 57" East 56.14 feet and S 31 ` 14' 41" West 32.09 feet to an iron pipe marking the Northern comer of that property acquired by the North Carolina Department of Transportation as m*' articularly described in Deed Book 376, Page 690; thence following the following courses and distances along the Southwester §Zridary of the North Carolina Department of Transportation: S 31'08'08" West 70.75 feet, S 60`26' 58" East 106.34 feet, N 37'34'26rLst 57.93 feet, S 65 °23'21" East 54.23 feet, S 36°53'44" East 72.84 feet, S 24'2 P2I" West 24.88 feet, S 32`26'53" East 71.75 feet and S 14`3625" West 69.81 feet to the point and place ofbeginning containing 36.194 acres, more or less, as more particularly described as6cel 10 Utility Open Space on the Coastal Plat. 0 Parcel 2: Property Description for Malia Drive Lying and being in Poplar Branch Township, Currituck Co . North Carolina and being that private street or access known as Malia Drive as shown in a plat prepared by Coastal Engineering & eying, Inc., recorded on September 11, 2007 in the Currituck County Register of Deeds, titled, "Monteray Shores P.U.D. W.W.T.P. OLINA WATER SERVICE, AMENDED FINAL PLAT", as shown on plat of record found in Plat Cabinet K, Slides 49-51 of the ituck County Registry (and hereinafter referred to as the "Coastal Plat"), and more particularly described as follows: Beginning at a North Carolina Geodetic Survey monument knows as "Herbert", with North Carolina Grid Coordinates 952,250,3118 N and 2,936,969.5120 E, located within the development known as "Buck Island, P.U.D.", and found in the top of the curbing on the north side of Orion's Way; thence N 23"06' 19" West 1,047.72 feet to an existing iron rod at the Easternmost corner of Monteray Shores, Corolla Worske�enter of the Assemblies of God, as found in Deed Book 761, Page 929, and in Plat Cabinet G, Slide 205, being the "True Point of Be ning'; thence along the Northeastern line of the Corolla Worship Center and the Southwestern edge of the right of way of Malia Driv private right of way) N 45' 13'47" West 151.41 feet to an existing iron rod; thence along the Western edge of Malia Drive and the Eas oundary of Parcel 10 Utility Open SpaceN 45'13'47" West 100.61 feet to a set iron rod being the Southeastern most corner of rg� 8 Open Space; thence along the Eastern boundary of Parcel 8 Open Space N 45' 13'47" West 29.94 feet to a set iron rod; thence o a urve to the right, having a radius of 62.56 feet and a length of 20.93feet, said arc subtended by a chord N 32'03'25" West with a dist��,of20.83 feet to a set iron rod; thence N 22' 16' 59" West 15.71 feet to a set iron rod being the Northeastern most corner of Parcel 8 (3pepSpace; thence leaving Parcel 8 Open NC Bar Association Form No. 3 © 1976, Revised © 1/112010 Printed by Agreement with the NC Bar Association 16 0 Y Book 1161 Page 735 Bon 1161 PAGE 6736 Space along the eastern boundary of Parcel 9 Utility Open Space N 22'16'59" West 70.31 feet to a set iron rod; thence N 16'50'38" West 79.08 feet to a set iron rod; thence on a curve to the left, having a radius of 15.00 feet and a length of 22.19 feet, said arc subtended by a chord N 59' 13'25" West with a distance of 20.22 feet to a set iron rod; thence S 78°23'47" West 12.47 feet to a set iron ro ence cornering and proceeding N 1 1'36' 13" West 65.00 feet to a set iron rod; thence cornering and proceeding N 78`23'47" East 57.70eet to a set iron rod being the Southeastern most corner of Parcel 7 Commercial; thence proceeding along the Eastern edge of the 30' rigD of way of Malia Drive S 11'02'41" East 72,76 feet to a set iron rod; thence S 16'50'38" East 80.80 feet to a set iron road; thence � 16'59" East 39.39 feet to a set iron rod; thence S 45' 13'47" East 43.36 feet to a set iron rod being the Northernmost corner of the inttion of Malia Drive and Caroline Court (a private right of way); thence continuing along the Eastern edge of the 50' right of way of YPA Drive S 45' 13'47- East 252.02 to a calculated point being the Northernmost corner of the intersection of Malia Drive and NC Hig (vy 12; thence S 36'02'33" West 50.59 feet to the "True PointofBeginning" containing approximately 0.549 acres, more or less, as moVnrtieularly described on the Coastal Plat, TOGETHER WITH all fee simple rights to the underlying land to install utilities within IaaV�ight of way of Malia Drive as described above. Parcel 3: Legal YYD'escription for Parcel 9 Utility Open Space i' el 9 previously conveyed to Carolina Water Service in Deed Book 1024, Page 31, aantor herein conveys any Developer Rights in the property described below. Lying and beingpgopliar Branch Township, Currituck County, North Carolina and being that Eastern parcel, being described as Parcel 9 Utility Open S , shown in a plat prepared by Coastal Engineering & Surveying, Inc., recorded on September 11, 2007 in the Currituck County Regis f Deeds, titled, "Monteray Shores P.U.D. W.W.T.P. CAROLINA WATER SERVICE, AMENDED FINAL PLAT", as shown on� of record found in Plat Cabinet K, Slides 49-51 of the Currituck County Registry (and hereinafter referred to as the "Coastal P] and more particularly described as follows: Beginning at a North Carolina Geodetic Survey monument knows as "Herbert", North Carolina Grid Coordinates 952,250,3118 N and 2,936,969.5120 E, located within the development known as "Buck lslhrnd, P.U.D.", and found in the top of the curbing on the north side of Orion's Way; thence N 23'06' 19" West 1,047,72 feet to an existing iron rod at the Easternmost corner of Monteray Shores, Corolla Worship Center of the Assemblies of God, as found in Deed Book 761, Page 929, and in Plat Cabinet G, Slide 205; thence along the Northeastern line ofthe Corolla Worship Center andtheSouthwest edge of the right of way ofMalia Drive (aprivate right ofway) N45°13'47"West 151.41 feet to an existing iron rod; thence along t estern edge of Malia Drive and the Eastern boundary of Parcel 10 Utility Open Space N 45° 13'47" West 100.61 feet to a set iron ro nhis being the Easternmost corner of Parcel 8 Open Space as shown on the Coastal Plat; thence along the Western edge of Malia Drty Q d the Eastern side of Parcel?, Open Space N 45' 1347" West 2.9.94 feet to a set iron rod; thence on a curve to the right on the same ` eeoof Malia Drive and Parcel 8 Open Space having a radius of62.56 feet and a length of20.93 feet, said arc subtended by a bearing of '03'25" West with a distance of 20.83 feet; thence N 22'16'59" West 15.71 feet to a set iron rod on the Northeast corner of ParceNibpen Space, and being the "True Point of Beginning'; thence along the North boundary of Parcel 8 Open Space and leaving Malia (Dr ve S 73`22' 12" West 56.97 feet to a set iron rod lying on the east line of Parcel 10 Utility Open Space; thence along the Eastern bord8(;f Parcel 10 Utility Open Space N 24'59' 13" West 895.95 feet to an existing iron rod, same as the Southernmost point of Monteray Sli�)es Phase 11 Open Space and recorded in Plat Cabinet D, Slides 54-61; thence along the border of Monteray Shores Phase lI Open Spaced 53' 18' 11" West 69.52 feet to the Northwest corner of Parcel 9 and same as the Southern corner of Lots 204 & 205 of Monteray Shores Phase 11 and marked by an existing iron rod; thence N 62' 15'20" East 95.56 feet bordering the South edge of Lot 204 to a set iron rod; thei ce N 28'02'44" East 325.54 feet bordering Lots 204, 203, 202 & 201 to an existing iron rod being on the Western edge of Monteray Drie(a private right ofway); thence along the Western edge of Monteray Drive S 61'57'19" East 396,05 feet to an existing iron rod; thelFe S 28`02'37" West 14.99 feet to an existing iron rod; thence S 61 `57'23" East 40.00 feet to a set iron rod; thence on a curve to the lq ht, having a radius of 466.24 feet and a length of 185.43 feet, said are subtended by a chord S 50`33'46" East with a distance of 184.21�t to a set iron rod; thence S 39' 10' 10" East 104.36 feet to a set iron rod; thence on a curve to the left on the same right of way, having a�dius of 65.00 feet and length of 36.53 feet, said are subtended by a chord with bearing of S 23'04'02" East with a distance of 36,06 fea set iron rod; thence S 39' 10'07" East 99.98 feet to a set iron rod on a curve; thence along the same right of way on a curve to the I q( taving a radius of 189.48 feet and a length of 38.31 feet, said arc subtended by a chord bearing of S 44`57'41" East with a distance of 38.25 feet to an existing iron rod, this being the Northernmost corner of Commercial Area 2; thence leaving said right of way and along the Western border of Commercial Area 2 owned by EEPCO LLC as described on Plat Cabinet E, Slide 137 and Deed Book 329, Page 791, S 06'25' 10" West 209.86 feet to a set iron rod on Commercial Area 1; thence along the Western border of Commercial A61 now or formerly owned by G. Holdings LLC as described on Plat Cabinet E, Slide 229 and Deed Book 662, Page 215, S 36'02'42" t 154.47 feet to a set iron rod on Parcel 3; thence along the Northern boundary of Parcel 3 now or formerly owned by OB Gas LLC a , cribed by Plat Cabinet G, Slide 176 and Deed Book741, Page 630, N 53' 57' 18" West 15.00 feet to a set iron rod on Parcel 5; thence� the Southern boundary of Parcel 5 known as Monteray Pines Condominium Association as described in Plat Cabinet G, Slide 175' d Book 1001, Page 356, N 36'02'37" East 154.47 feet to a set iron rod; thence bordering Parcel 5 as previously described N 5 5 ce West 277.99 feet to an existing iron rod; thence S 36`02'42" West 253.01 feet to a set iron rod; thence S 53'57' 19" East 119.00 YcoLto a set iron rod on the Western edge of Caroline Court (a private right of way); thence along the Western edge of Caroline Court S �' '37" West 5.04 feet to a set iron rod; NC Bar Association Form No_ 3 OO 1976, Revised 1/t/2010 Printed by Agreement with the NC Bar Association 16 0 Y Book 1161 Page 736 BOOK 1 1 b 1 PAGE 0 7 3 thence on a curve to the left having a radius of 55.00 feet and a length of 54.67 feet, said are subtended by a chord with bearing S 07'34'09" West with a distance of 52.45 feet to a set iron rod; thence S 20'54'25" East 128.45 feet to a set iron rod; thence on a curve to the right having a radius of 15.00 feet and a length of 14.91 feet, said are subtended by a chord with bearing S 07'34'03" West and a djeXce of 14.30 feet to an iron rod; thence S 36'02'37" West 156.59 feet to a set iron rod on the Eastern edge of Malia Drive above re ced; thence cornering along Malia Drive's Eastern edge N 45' 13'47" West 43.36 feet to a set iron rod; thence N 22' 16'59" West 39. '�Yet to a set iron rod; thence N 16'50'38" West 80.80 feet to a set iron rod; thence N 11'02'41" West 72.76 feet to the Southrn corner of Parcel 7 Commercial marked by a set iron rod; thence along the Eastern border of Parcel 7 N 11 °36' 13" West 133.901?, to a set iron rod; thence bordering Parcel 7 S 57'48'02" West 45.22 feet to a set iron rod; thence S 46'55'41" West 49.02 feet to a s t i en rod; thence S 13'30' 14" East 78.78 feet to a set iron rod; thence S 07'36' 18" East 13.70 feet to a set iron rod; thence N 78'23'47"E 24.78 feet to a set iron rod; thence N 11'36' 13" West 65.00 feet to a set iron rod; thence N 78`23'47" East 12.47 feet to a set iron ro0; hence on a curve to the right having a radius of 15.00 feet and a length of 22.19 feet, said arc subtended by a chord bearing of S 5 25" East and a distance of 20.22 feet to a set iron rod; thence S 16'50'38" East 79.08 feet to a set iron rod; thence S 22' 16'59" East, .3)1 feet to the "True Point of Beginning" containing 11.665 acres, more or less. C^, NC Bar Association Fenn No. 3 © 1976, Revised © If112010 Yl Printed by Agreensnt with the NC Bar Association 16 0 Y Book 1161 Page 737 BOOK 1161 PAGE f! The property hereinabove described was acquired by Grantor by instrument recorded in Book Page , Currituck County Registry. All or a portion of the property herein conveyed includes or X does not include the primary residence of a Grantor. A gip showing the above described property is recorded in Plat Cabinet K, Slides 49-51, Currituck County Registry. TOIOVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee sin;0M. The Grahtor hakes no warranty, express or implied, as to title to the property hereinabove described IN WITNEOWHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Q% MONTERAY SHORES, INC. O ROBERT R. DEG RI LE, President 0j State of North Carolina - t I, the undersigned before me this day and acknow authority duly given and as the Witness my hand and Notarial s of Dare ✓ Public ofthe County of Dare and State aforesaid, certify that RobertR. DeGabrielle personally came Iiged that he is the President of Monteray Shores, Inc., a North Carolina corporation, and that by �Kof such entity, he sited the foregoing instrument in its name on its behalf as its act and deed. nip or seal, this A 4 day ofNovember, 2010. My Comtnission Expires: 1 ZI Z(J (Affix Seal) I E D, A/'' 9� �,QTAgj- AV B Or- %ig ''•F COtJN�;.•' NC Bar Association Form No. 3 © 1976, Revised © 1/1/2010 Printed by Agreement with the NC Bar Association K,00—. r —� IV1 t iA n fe D . -jZkke Notary Public Notary's Printed or Typed Name Book 1161 Page 738 RUY C..00 PUP ELIZABETH S. bISER w„ .'10.-) kICf iARD E ROGERS. JR. L1ar cx Pae CURRITUCK COUNTY WATER DEPARTMENT ATTN: DONALD L MCREE, COUNTY MANAGER 153 COURTHOUSE ROAD CURRITUCK, NC 27929 Dear Applicant: ..� �5TAf;.,." Gyt 1 F__ E NQRTH CAROLINA Fnvdr�nm.��lfa! Qaa��"iry May 01, 2023 Re: Authorization to Construct (This is not a Final Approval) Issue Date: May 0l, 2023 COROLLA BOAT CLUB - PH 1 (MONTERAY SHORES PH 10) SerialNo.: 23-00273 Water System No.: NC6027001 Currituck County This letter is to confirm that a complete Engineer's Report and a Water System Management Plan have been received, and that engineering plans and specifications have been approved by the Department for COROLLA BOAT CLUB - PH 1 (MONTERAY SHORES PH 10), Serial No.: 23-00273. The "Authorization to Construct" is valid for 36 months from the issue date. Authorization to construct may be extended if the Rules Governing Public Water Supplies and site conditions have not changed (see Rule .0305). The "Authorization to Construct" and the engineering plans and specifications approval letter shall be posted at the primary entrance of the job site before and during construction. Upon completion of the construction or modification, and prior to placing the new construction or modification into service, the applicant must submit an Engineer's Certification and Applicants Certification to the Public Water Supply Section. Engineer's Certification: in accordance with Rule .0303 (a), the applicant shall submit a certification statement signed and sealed by a registered professional engineer stating that construction was completed in accordance with approved engineering plans and specifications, including any provisions stipulated in the Department's engineering plan and specification approval letter. Applicant's Certification: in accordance with Rule .0303 (c), the applicant shall submit a signed certification statement indicating that the requirements for an Operation and Maintenance Plan and Emergency Management Plan have been satisfied in accordance with Rule .0307 (d) and (e) and that the system has a certified operator in accordance with Rule .1300. The "Applicants Certification" form is available at http://www.ncwater.org/ (click on Public Water Supply Section, Plan Review, Plan Review Forms). Certifications can be sent by mail, fax (919-715-4374), or attachment to an e-mail message to PWSSection.PlanReview@ncdenr.gov. If this "Authorization to Construct' is for a new public water system, the owner must submit a completed application for an Operating Permit and the appropriate fee. For a copy of the application for an Operating Permit please call (919) 707-9085. Once the certifications and permit application and fee (if applicable) are received and determined adequate, the Department will issue a Final Approval letter to the applicant. In accordance with Rule .0309 (a), no portion of this project shall be placed into service until the Department has issued Final Approval. Please contact us at (919) 707-9100 if you have any questions or need additional information. Sincerely, ,,VCE .4_ Shawn F. Guyer, P.E. Deputy Section Chief Public Water Supply Section Division of Water Resources cc: JAMIE MIDGETTE, P.E., Regional Engineer BISSELL PROFESSIONAL GROUP ,r 41 1 E Q N(H`1111 G1r01inJ Depor ntra O1 ErWiMrirrirntalQpallty I VviSion of Walri Rg"An C V-1 512 Nargh Salislrury Street ; 1634 Mail Service Cent&r I Raleigh. Norc11 C iiolina 17t�sJ 16.54 .rt,M w,.►.-,mow o fn � +118. i 0 e. I00 North Carolina Department of Environmental Quality Division of Water Resources Project Applicant: Public Water System Name and Water System No.: Project Name: Serial No.: Issue Date: Expiration Date: Authorization to Construct CURRITUCK COUNTY WATER DEPARTMENT SOUTHERN OUTER BANKS WTR SYST NC6027001 COROLLA BOAT CLUB - PH 1 (MONTERAY SHORES PH 10) 23-00273 May 01, 2023 36 Months after Issue Date In accordance with NCAC 18C .0305, this Authorization to Construct must be posted at the primary entrance to the job site during construction. MARK S. BISSELL, PE BISSELL PROFESSIONAL GROUP P.O. BOX 1068 KITTY HAWK, NC 27949 ROY COOPER Governor ELIZABETH S. BISER Secretary DOUGLAS R. ANSEL Interim Director NORTH CAROLINA Environmental Quality March 3, 2023 LETTER OF APPROVAL WITH MODIFICATIONS Outer Banks Ventures, Inc. Attn: Mr. Richard Willis, Registered Agent 1099 Ocean Trail Corolla, NC 27927 RE: Project Name: Corolla Boat Club - Phase 1 Project ID: Curri-2023-021 County: Currituck City: Corolla Address: Malia Drive River Basin: Pasquotank Date Received by LQS: March 1, 2023 Submitted By: Bissell Professional Group Plan Type: New / Express Dear Sir, Acres Approved: 12.0 This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable with modifications and hereby issue this letter of Approval with Modifications. The Modifications Required for Approval are listed on the attached page. This plan approval shall expire three (3) years following the date of approval, if no land - disturbing activity has been undertaken, as is required by Title 15A NCAC 413.0129. As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction General Permit. After the form is reviewed and found to be complete, you will receive a link with payment instructions for the $100 annual permit fee. After the fee is processed, you will receive the COC via email. As the Financially Responsible Party shown on the FRO form submitted for this project, you. MUST obtain the COC prior to commencement of any land disturbing activity. The eN01 form may be accessed atdeq.nc.gov/NCGO1. Please direct questions about the eN01 form to the Stormwater Program staff in the Raleigh central office. If the owner/operator of this project changes in the future, the new responsible party must obtain a new COC. Title 15A NCAC 4B .0118(a) and the NCG01 permit require that the following documentation be kept on file at the job site: Q � North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources , EWashington Regional Office 1 943 Washington Square Mail I Washington, North Carolina 27889 tr6F:M CaiUL,hA rseo..mwm U.wni252.946.6481 1. The approved E&SC plan as well as any approved deviation. 2. The NCG01 permit and the COC, once it is received. 3. Records of inspections made during the previous 12 months. Also, this letter gives the notice required by GS. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. This permit allows for a land - disturbance, as called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require a revised plan and additional application fee. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Sincerely, Samir Dumpor, PE Regional Engineer Land Quality Section cc w/o enc: Richard Willis, Outer Banks Ventures, Inc. (email) David Klebitz, PE, Bissell Professional Group (email) WaRO Division of Water Resources (email) l . The developer is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device must be inspected after each storm event (NCGS 113A- 54.1(e)). Maintenance and/or clean out is necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site and functional until all grading and final landscaping of the project is complete (15A NCAC 04B .0113). 2. The developer is responsible for obtaining all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include our agency's Stormwater regulations and the Division of Water Resources' enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval. 3. Adequate and appropriate measures must be properly installed downstream, within the limits of disturbance, of any land disturbing activity to prevent sediment from leaving the limits of disturbance, entering existing drainage systems, impacting an on -site natural watercourse or adjoining property. (NCGS 113A-57) PROJECT INFORMATION SHEET APPROVAL DATE: RESPONSIBLE PARTY PROJECT NAME COUNTY: OFF -SITE BORROW AND/OR DISPOSAL SITE: START-UP DATE: CONTRACTOR: ON -SITE CONTACT: ON -SITE PHONE NO.: OFFICE PHONE NO.: March 3.2023 Outer Banks Ventures, Inc. Corolla Boat Club - Phase 1 Currituck NO.: Curri-2023-021 NO.: COMPLETE & RETURN THIS FORM PRIOR TO THE START OF CONSTRUCTION TO: N.C.D.E.Q. LAND QUALITY SECTION ATTN: Bradley West 943 WASHINGTON SQUARE MALL WASHINGTON, NORTH CAROLINA 27889 donald.west@ncdenr.gov I w c-4a' A M ROY COOPER Governer ELIZABETH S. BISER Secretary WILLIAM E. TOBY VINSON. JR Interim n(rector NORTH CAROLINA Environmental Quality February 13, 2024 LETTER OF APPROVAL Corolla Boat Club, LLC Attn: Mr. Richard Willis, Registered Agent 1099 Ocean Trail Corolla, NC 27927 RE: Project Name: Corolla Boat CIub - Phase 1 Project ID: Curri-2023-021 County: Currituck City: Corolla Address: Malia Drive River Basin: Pasquotank Date Received by LQS: February 12, 2024 Submitted By. Bissell Professional Group Plan Type: Revision / Express (Transfer) Dear Sir, Acres Approved: 15.0 total (3.0 additional) This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable with modifications and hereby issue this letter of Approval with Modifications. The Modifications Required for Approval are listed on the attached page. This plan approval shall expire three (3) years following the date of approval, if no land - disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction General Permit. After the form is reviewed and found to be complete, you will receive a link with payment instructions for the $120 annual permit fee. After the fee is processed, you will receive the COC via email. As the Financially Responsible Party shown on the FRO form submitted for this project, you MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc.gov/NCGO1. Please direct questions about the eNOI form to the Stormwater Program staff in the Raleigh central office. If the owner/operator of this project changes in the future, the new responsible party must obtain a new COC. Title 15A NCAC 4B .0118(a) and the NCG01 permit require that the following documentation be kept on file at the job site: North Carolina Department. of Envirorunental Quality I Division of Energy, Minerat and Land Resources Washington Regional Office 1 94:3 Washington Square Mall I Washington, tiorth Cerolina 2788y a�ro irtt. m�vin�r� rI`/ 25291b.6481 1. The approved E&SC plan as well as any approved deviation. 2. The NCG01 permit and the COC, once it is received. 3. Records of inspections made during the previous 12 months. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. This permit allows for a land - disturbance, as called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require a revised plan and additional application fee. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Sincerely, Samir Dumpor, PE Regional Engineer Land Quality Section cc w/o enc: Richard Willis, Outer Banks Ventures, Inc. (email) David Klebitz, PE, Bissell Professional Group (email) WaRO Division of Water Resources (email) North Carolina Departntenr of Environmental Quality Division of Energy. Mineral and Land Resources •/ Washington Regional Office ! 943 Washington Square stall I Washington, North Carolina 27889 oea=r. mm�wR»�,a.ti; n�rr, ?SZ.9-16.b181 PROJECT INFORMATION SHEET APPROVAL DATE: February 13, 2024 RESPONSIBLE PARTY: Corolla Boat Club. LLC PROJECT NAME: Corolla Boat Club - Phase 1 COUNTY: Currituck NO.: Curri-2023-021 OFF -SITE BORROW AND/OR DISPOSAL SITE: NO.: START-UP DATE: CONTRACTOR: ON -SITE CONTACT: ON -SITE PHONE NO.: OFFICE PHONE NO.: COMPLETE & RETURN THIS FORM PRIOR TO THE START OF CONSTRUCTION TO: N.C.D.E.Q. LAND QUALITY SECTION ATTN: Bradley West 943 WASHINGTON SQUARE MALL WASHINGTON, NORTH CAROLINA 27889 donald.west@ncdenr.gov NorthCarolina Department. of Environmental Quality Division of Energy. Mineral and Land Resources Vashington Regional Office 1 943 Washington Square Mail I Washington. North Carolina 27889 252.946.64 81 10. �a SOMA vIdU NOLLJClujISN00 e 11�� SN3[H3DtlNtl[K Y3StlMIK210.LS rvI.—rvieory —noon— dl—i rvorvvae avw - t aow s�„aa a W 3DtlNIdNQ'DmcfvlaD i HSVHd gn-I.7 IVOU d'lZoilo.7 xouevws SNOISIA3H 5 \y"". SONDAVxa MOUDMUSMOD a va ioavo aiaoa uunoo Honeaano aasaMoi aoavae avieoa -_ S-,IV-"N.L NOUDIISNOJ x fig'(+ c 'JSIW 38 HDVKI% HG • VAkGVON .e siva ox I HSVHd - gnZ.7 .I.dog d110HO.7 rroua�xm SNOISIA3?J k 3 a, < g NOiimJ1SN00 a0i CASV3IAH ION `JNIM'12101111 gg I Id /Fig mo W ; fall IY �� " �. SIG p =F$ i Z__ • fig§ N �i 6 fAx, hdi qux ME - W aNeR g u ' iS�x ':n �5 yy Wtl�€��'�& a is 4 it 'M �� i i Aa e ��, 90 01 $ o z 1 Y I I p Rio§ $m3 g L 2 a ¢ o@ N� �jw §� 5 ii .3Qu S�`eg��£Cnar a \ y o ff€ z m€MH F- i `3e adw s8� \ o �a€ lac y 5 AK u - o W � KK a � Iy ROY COOPER Governor ELIZABETH S. BISER Secretary DOUGLAS R. ANSEL Interim Director NORTH CAROLINA Environmental Quality April 10, 2023 OBX Ventures, Inc. Attn: Richard Willis - President PO Box 549 Corolla, NC 27927 Subject: State Stormwater Management Permit No. SW7230209 Corolla Boat Club - North Low Density Project Currituck County Dear Richard Willis: The Washington Regional Office received a complete State Stormwater Management Permit Application for the subject project on February 28, 2023. Staff review of the plans and specifications has determined that the pproject, as proposed, complies with the Stormwater Regulations set forth in 15A NCAC 2H.1000 amended on January 1, 2017 (2017 Rules). We are hereby forwarding Permit No. SW7230209 dated April 10, 2023, for the construction of the built -upon areas (BUA) and vegetated conveyances associated with the subject project. This permit shall be effective from the date of issuance until rescinded and the project shall be subject to the conditions and limitations as specified therein and does not superset any other agency permit that may be required. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Carl Dunn in the Washington Regional Office, at (252) 948-3959 or carl.dunnga ncderingov. Sincerely, William Carl Dunn, PE Division of Energy, Mineral and Land Resources Enclosures: Attachment A — BUA Allotment Attachment B — Designer's Certification Form Application Documents cc: David A. Deel, PE — Deel Engineering, PLLC (dadeeleng a gmail.com) Currituck County Inspections — Bill Newns (Bill.Newns,r CurrituckCountyNC.gov) Washington Regional Office Stormwater File North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 27889 b iai a�+i�h 252.946.6481 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE_STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission, including 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (the °stormwater rules"), PERMISSION IS HEREBY GRANTED TO OBX Ventures, Inc. Corolla Boat Club - North Malia Drive, Corolla, Currituck County FOR THE construction, management, operation and maintenance of built -upon area (BUA) for a 24% low density project (the "low density area") discharging to Class SC waters as outlined in the application, approved stormwater management plans, supplements, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable parts of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revolting and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 108,893 square feet. The BUA requirements and allocations for this project are as follows: a. LOW DENSITY AREA BUA LIMITS. The low density area, also referred to as Drainage Area I in the approved plans and specifications, must not exceed 24% per the requirements of the stormwater rules. Within Drainage Area 1, this permit approves a percent BUA of 9.31% and the construction of a total of 108,893 square feet of BUA, which includes 8,400 square feet for future BUA. b. BUA FOR INDIVIDUAL LOTS. Each of the six (6) lots are limited to a maximum of See Attachment A square feet of BUA, as indicated in the approved plans and specifications. The maximum BUA assigned to each lot via this permit and the recorded deed restrictions and protective covenants may not be increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division 2. LOW DENSITY AREA REQUIREMENTS. The low density area requirements for this project are as follows: a. LOW DENSITY AND CONVEYANCE DESIGN. The low density area is permitted based on the design criteria presented in the sealed, signed and dated supplement and as shown in the approved plans and specifications. This low density area and conveyances must be provided and maintained at the design condition. b. PIPING. Other than the piping shown on the approved plans, only minimal amounts of piping under driveways and roads is allowed within the low density area when it cannot be avoided. No additional piping is allowed. c. DISPERSED FLOW. The low density area has maximized dispersed flow of stormwater runoff through vegetated areas and minimized the channelization of flow. d. VEGETATED CONVEYANCES. Stormwater runoff that could not be released as dispersed flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V) designed to not erode during the peak flow from the 10-year storm event as defined in the stormwater rules and approved by the Division. STORMWATER OUTLETS. This project does not propose any discharge points and therefore will not have the opportunity to cause erosion during the 10-year storm event 4. VEGETATED SETBACKS. A 50-foot wide vegetative setback must be provided and maintained in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The setback is measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback except as shown on the approved plans or in the following instances where the BUA has been minimized and channelizing runoff from the BUA is avoided: i. Water dependent structures; and ii. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights that cannot practically be located elsewhere. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded with the Office of the Register of Deeds: a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system, including any SCMs, and maintenance accesses must be located in public rights -of - way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. c. FINAL PLATS. The final recorded plats _must reference the operation and maintenance agreement and must also show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. Recorded deed restrictions and protective covenants must include, at a minimum, the following statements related to stormwater management: i. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7230209, as issued by the Division of Energy, Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000, effective January 1, 2017. ii. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. iii. These covenants are to run with the land and be binding on all persons and parties claiming under them. iv. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. V. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. vi. The maximum built -upon area (BUA) per lot See Attachment A square feet. This allotted amount includes any BUA constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement not shown on the approved plans. BUA has the same meaning as G.S. 143-214.7, as amended. vii. The maximum allowable BUA shall not be exceeded on any lot until the permit is modified to ensure compliance with the stormwater rules, permit, and the approved plans and specifications. viii. All runoff from the BUA on the lot must drain into the permitted system. This may be accomplished via grading, a stormwater collection system and/or a vegetated conveyance. ix. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters in accordance with 15A NCAC 02H.1003(4) and the approved plans. X. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. e. DEEDS FOR INDIVIDUAL LOTS. The permittee shall record deed restrictions and protective covenants prior to the issuance of a certificate of occupancy to ensure the permit conditions and the approved plans and specifications are maintained in perpetuity. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved stormwater collection system and/or vegetative conveyance shown on the approved plan' e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 7. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. a. PROJECT CONSTRUTION, OPERATION AND MAINTNEANCE. During construction, all operation and maintenance for the project and stormwater system shall follow the Erosion Control Plan requirements until the Sediment -Erosion Control devices are no longer needed. b. FINAL GRADING. The vegetated areas and vegetated conveyances shall be entirely constructed and vegetated. Once the final grading is completed and the site is stabilized, the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions. a. If the permittee determines that the project is in compliance with the approved plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following; i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded operation and maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 9. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed operation and maintenance agreement to assure that all components of the permitted on -site stormwater system are maintained at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. In the event that the low density area fails to meet the requirements of low density, the permittee shall take immediate corrective actions. This includes actions required by the Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 10. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee. 11. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2) and must be submitted upon occurrence of any one or more of the following events: i. The sale or conveyance of the project and/or property area in whole or in part; ii. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55- 14-05 or NCGS 57D-6-07 and 08; iii. Bankruptcy; iv. Foreclosure, subject to the requirements of Session Law 2013-121; b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 12. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this permit and the approved plans and specifications until the Division approves the transfer request. a. REVIEWING AND MONITORING FOR COMPLIANCE. The permittee is responsible for verifying that the proposed BUA within each drainage area and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall review and routinely monitor the project to ensure continued compliance with the conditions of the permit, the approved plans and specifications. b. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplements, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. c. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated conveyances must be accessible for inspection, operation, maintenance and repair as shown on the approved plan d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. e. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. f. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions. g. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have been made. h. OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit issued this the loth day of April 2023. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION i ;Douglas Ansel, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW7230209 Attachment A LOT AREA ; Max, Allowable , ift? Bunt -Upon Aea'(BUA)() 1 17,946 5,384 2 17,375 5,213 3 16,668 5,000 4 16,182 4,855 5 ----- 17,561 5,268 6 (Commercial) 44,280 28.782 Attachment B Certification Forms The following blank Designer Certification forms are included and specific for this project; • As -Built Permittee Certification • As -Built Designer's Certification for Low Density Projects A separate certification is required for each SCM. These blank certification forms maybe copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. AS -BUILT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. ❑ Check here if this is a partial certification. Section/phase/SCM #? ❑ Check here if this is part of a Fast Track As -built Package Submittal. Printed Name Signatu a Notary Public in the State of County of . do hereby certify that personally appeared before me this day of 20 and acknowledge the due execution of this as -built certification. (SEAL) Witness my hand and official seal My commission expires Permittee's Certification NCAC .1042(4) Completed / Provided N/A A. DEED RESTRICTIONS BUA RECORDS 1. The deed restrictions and protective covenants have been recorded and contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. Y or N 2. A copy of the recorded deed restrictions and protective covenants has been provided to the Division. Y or N 3. Records which track the BUA on each lot are being kept. (See Note 1 Y or N B. MAINTENANCE ACCESS 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTS 1. The SCMs and the components of the runoff collection conveyance system are located in recorded drainage easements. Y or N 2. A copy of the recorded plat(s) is provided. Y or N D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that have an SCM include the following: y or N 1. The specific location of the SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N 3. A note that the SCM is required to meet stormwater regulations and that the lot owner is subject to enforcement action as set y or N forth in NCGS 143 Article 21 if the SCM is removed, relocated or altered without prior approval. E. OPERATION AND MAINTENANCE AGREEMENT Y or N 1. The 0&M Agreement is referenced on the final recorded plat. Y or N 2. The 0&M Agreement is recorded with the Register o Deeds andy or N a ears in the chain of Title. F. OPERATION AND MAINTENANCE PLAN - maintenance records are being kept in a known set location for each SCM and are available for Y or N review. G. DESIGNERS CERTIFICATION FORM - has been provided tote Y or N Division. Note 1- Acceptable records include ARC approvals, as -built surveys, and county tax records. Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. AS -BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROJECTS I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in 15A NCAC 02H.1003, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. ❑ Check here if this is a partial certification. Section or phase ❑ Check here if this is part of a Fast -Track As -Built Package Submittal per 15A NCAC 02H .1044(3). ❑ Check here if the Designer did not observe the construction but is certifying the project. ❑ Check here if pictures of the project are provided. Printed Name Signature NC Registration Number, SEAL: Consultant's Mailing Address: City: Phone:j-a Consultant's Email address: Zip: (D Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 3. O N/E = Not Evaluated (provide explanation on page 2). ON/A = Not Applicable to this project/plan. Consultant's Certification (MDC 15A NCAC 02H .1003) Project Density and Built -Upon AreaOAs-built ®N/E ON/A I. The project has areas of high density based on natural drainage Y N area boundaries, variations in land use or construction phasing. or 2. The project's built -upon area does not exceed the maximum limit Y or N specified in the permit. Dispersed FlowOAs-built ®N/E ON/A I. The project maximizes dispersed flow through vegetated areas Y or N and minimizes channelized flow. Vegetated ConveyancesOAs-built ®N/E ©N/A 1. Stormwater that is not released as dispersed flow is transported Y N by vegetated conveyances. or 2. The project has a minimal amount of non -vegetated conveyances Y N to reduce erosion. or 3. Other than minimal piping under driveways and roads, no piping Y N has been added beyond what is shown on the approved plans. or 4. Side slopes are no steeper than 3H:1V. Y or N S. The conveyance does not erode in response to the peak flow from the Y N 10-year storm. or Curb outlet systems (if applicable) (DAs-built mN/E OO N/A 1. The swale or vegetated area can carry the peak flow from the Y N 10-year storm at a non -erosive velocity. or 2. The longitudinal slope of the swale or vegetated areas does not exceei Y N 5%. or 3. The swale has a trapezoidal cross-section and a minimum bottom wic Y N of two feet. or 4. The minimum length of the swale or vegetated area is 100 feet. Y or N 5. Side slopes are no steeper than 3H:1V. Y or N 6. The project utilizes treatment swales designed per Section .1061 Y N in lieu of the curb outlet system requirements. or Vegetated Setbacks (if applicable)OAs-built OO N/E ©N/A 1. The width of the vegetated setback is at least 50'. Y or N 2. The width of the vegetated setback has been measured from the nor pool of impounded waters, the MHW line of tidal waters, Y or N or the top of bank of each side of rivers or streams. 3. The vegetated setback is maintained in grass or other vegetation. Y or N 4. BUA that meets the requirements of NCGS 143-214.7(h2)(2) is locatel Y N in the setback. or S. BUA that does NOT meet the requirements of NCGS 143-214.7(b2)(2) located within the setback and is limited to: • Publicly -funded linear projects (road, greenway, or sidewalk) Y N • Water dependent structures or • Minimal footprint uses such as poles, signs, utility appurtenances, and security lights. 6. The amount of BUA within the setback is minimized, and Y N channeling of the runoff from the BUA has been avoided. or 7. Stormwater is not discharged (via swale or pipe) through a vegetated setback. Stormwater is released at the edge of the Y or N setback and allowed to flow through the setback as dispersed flow, OutletsOAs-built ON/E ®N/A L Stormwater outlets do not cause erosion downslope of the Y N discharge point during the peak flow from the 10-year storm. or Variations OO As -built ON/E ©N/A I. The project has variations from the MDC that were not previously Y N approved. (Modification may be required.) or Deed restrictions (if applicable) OAs-built ON/E ON/A 1. Deed restrictions are recorded and ensure that the project and the BUA will be maintained in perpetuity consistent with the Y or N permit, approved plans, and specifications. For Subdivisions Only (Residential or Commercial) OAs-built ON/E ©N/A 1. The number of platted lots is consistent with the approved plans. Y or N 2. The project area is consistent with the approved plans. Y or N 3. The layout of the lots and streets is consistent with the approved Y N plan. or 4. The width / radius of streets, paved accesses, cul-de-sacs and sidewal Y N is consistent with the approved plan. or S. No piping, other than those minimum amounts needed under a Y N driveway or under a road, has been added. or 6. The lot grading, road grading, vegetated conveyances, piping, Y N inverts, and elevations are consistent with the approved plans. or Provide an explanation below for every MDC that was not met, and for every item marked "N/A" or "N/E." Attach additional pages as needed. 11 Complete items 1, 2, and 3. K Print your name and address on the reverse se that we can return the card to you, if Attach this card to the back of the mailpiece, or on the front if space permits. 9. ArI cla Addressed to: ( _ 9590 9402 7482 2055 9362 49 2. Article Number {Transfer from service label) 7020 3160 00111 2521 7098 PS Form 3811, July2020 PS 77530 02-000-9053 A. Signature x B . ed by finfed 1+lame C. �Addressee of devery delivery address different om item 17 © Yes If YES, enter delivery address below: 3. Service Type Adult Signature Priodty Mail Expresso Q Adult Signature Restricted Delivery 0 Certified Malf® ry El Registered Mail- ❑ Registered Mali Restricted Certified Mail Restricted Delive O Collect an Delivery 7 Delivery Q Signature ConfirrnatlonTm ❑ Coflect on Delive Signature Confirmation r , N Mail ry Restricted Delivery Restricted Delivery A I Restricted Delivery Dnmestre Return Receipt ESPCG # Y a� L 9590 94D2 7462 2055 9262 49 United States • Sender: Please Postal Seryjee print your name, address, and this box• ROY COOPER Governor ELIZABETH S. BISER Secretary TANCRED MILLER Director EMAIL MEMORANDUM TO: The Coastland Times NORTH CAROLINA Environmental Quality ATTN: Hannah Russ Manteo, NC 27954 legals(a)thecoastlandtimes. net FROM: Lisa Doepker, Administrative Specialist DATE: 3/1 /2024 SUBJECT: Major Public Notice: Outer Banks Ventures, Inc. Please publish the attached Notice in the Wednesday, March 6, 2024, issue of The Coastland Times. Please note that this is for a one -day publication only. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, an original invoice and payment request to Lisa Doepker, via email at: lisa.doepker@deq.nc.gov. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Gregg Bodnar, Major Permits Coordinator, gregg.bodnar(U-)_deg.nc.gov Christy Simmons, PIO, DCM, christy.simmons(a)ncdenr.gov Ellie Davis, Accounts Payable, DCM, ellie.davis(a)ncdenr.gov File North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 NORTH CAROLINA - OepartmerM1 ai Environmental Quay /'� 252.515.5400 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 8/29/2023. Outer Banks Ventures plans to develop this tract into 28 duplexes (56 total units), three retail buildings with 9 upper story apartments, a paddleboat rental concession, a 150-seat restaurant, a 250-seat outdoor entertainment venue attached to the restaurant, and a marina located in Currituck County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City and reached by phone at (252) 264-3901 during normal business hours. Comments mailed to Tancred Miller, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to March 27, 2024, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: March 6, 2024 D_EQ�NOFTH CA OepaNmeM of E,,i Envimnmentrl pualily North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 252.515.5400 N? 0054 RECONFIRMATION N.C. DIVISION OF COASTAL MANAGEMENT NOTIFICATION OF COASTAL WETLAND DETERMINATION Pursuant to NCGS 113-229(n)(3), and 15A NCAC 07H.0205(a)�) E3 C D Property Owner: CL+er f3f_,Vs IlenA _tgs `%c. Mailing Address: r'n f�Ox SKtR Site Address: Pracd farQl(c , A)!, a - _ u :r' 1./f11,G y.� ro�i� y A)-C" 179 �L -I-- Project Location: County _ �'� rr ; �c.c I2 US/NC/SR # r4f- o� IX, -'R.. t� River Basin f���� r, ��. Adj. Water Body S2Lr+Prs t, c,4- a A - Ft� Indicate Which of the Following Apply: Coastal Wetlands have been identified on the above described property. The project (as currently proposed) may impact these wetlands but no official delineation was performed. The Division of Coastal Management suggests that you request a formal delineation by this Division to evaluate potential impacts to Coastal Wetlands and project design alternatives. Coastal Wetlands have been identified on the above described property. At your request, an official Coastal Wetland delineation was performed by the Division of Coastal Management. The Division of Coastal Management suggests that you have the delineation surveyed. The Division will verify the surveyed line, which will then remain valid for a period not to exceed 12 months from the delineation, / T�Pr�iA3LC1» ' "'„ Io_� ,.4 <Zi__r.Ys. . Anbr,..,od Coastal Wetlands species identified on -site: ______Spartina alterniflora Distichlis spp. —Clad ium jamaicense _Spartina cynosuroides f Juncus roemerianus Limonium spp. --V—/-Fypha spp, Salicornia spp. Scirpus spp. Spartina patens Check any Id indicators that apply to establish regular or occasional flooding: _tidal water observed on -site (do not check if during or following Tropical Storm/Hurricane) crabs/holes periwinkle wrack lines elevation changes staining tidal water connection other (please describe) DCM Official �c),�, r �:r'�e Title VZern Date 7-� d 1 yr, r+et i.'-r t. In the event you -weal this jurisdictional call, you may request a second opinion by contacting my supervisor,,, _-�� l� ; (DCM District Manager) at Visit our website at www.nccoasta/management.con? May 5, 2022 Coastal Wetland Determination Reconfirmed by DCM Field Representative, Martin Mitchell, on August 24, 2023 and October 30, 2023. ���