20050870 Ver 2_CAMA Application_20090413

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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
9 April 2009
EXPRESS PERMIT REVIEW PROGRAM
MAJOR MODIFICATION OF CAMA MAJOR PERMIT NO. 94-05
MEMORANDUM
TO: Cyndi Karoly
Division of Water Quality
App .-, ;,r+z,,
FROM: David W. Moye [)ENR-WxaU QUPAJr?
Express Permits Coordinator WelWaOSAND VOR, J FTERr fy.A QN
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Sapphire, LLC, c/o Richard Brindley
Best Western Hatteras Island Suites
Project Location: NC 12 (Milepost 43), on a manmade canal and basin off the Pamlico
Sound in the Town of Salvo in Dare County, North Carolina
Proposed Project: The applicant proposes to construct a 60 suite hotel with parking areas,
pool, cabana with restrooms, and a miniature golf course.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by 30 April 2009. If you have any questions regarding the proposed project, please
contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED
DATE
843 Washington Square Mail, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www.ncxoastalmanagement.net/
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
Express Permit Review Program
1. APPLICANT'S NAME: Aaron Hill Harbor for Sapphire, LLC - Major Modification to Permit No. 94-05
2. LOCATION OF PROJECT SITE: NC 12 (Milepost 43), on a manmade canal and basin off the Pamlico
Sound in the Town of Salvo in Dare County, North Carolina
Photo Index - 2000: 174-2052; F-20,21, G-19,20,21, H-19,20,21, 1-20,21 1995: 174-1797; E-15,15, F-
15,16, G-15,16, H-15,16, 1-15,16
State Plane Coordinates - X: 3,048,600 Y: 670,100 GPS Rover File # U032310A
Rodanthe Quad. (lower right corner)
3. INVESTIGATION TYPE: CAMA & D/F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 11/25/2008 03/29/05 03/23/05
Was Applicant Present - NO NO NO
5. PROCESSING PROCEDURE: Application Received - 8 April 2009
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Limited Transitional (land), Conservation (land, water, wetlands)
(B) AEC(s) Involved: CS
(C) Water Dependent: NO
(D) Intended Use: Commercial - Hotel
(E) Wastewater Treatment: Existing - Septic tanks and drain fields
Planned - N/A
(F) Type of Structures: Existing - House (to be removed), 2 outbuildings, bulkhead, 1 finger pier
with 2 slips, breakwater, pier with gazebo
Planned - 60 suite Hotel with parking areas, pool, cabana with restrooms,
miniature golf course
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other ±113,256 ft2
Highground
(D) Total Area Disturbed: ±2.6 acres (±113,256 sq. ft.)
(E) Primary Nursery Area: NO
(F) Water Classification: SA,HQW Open: YES
8. PROJECT SUMMARY: The applicant proposes to construct a 60 suite hotel with parking, pool with cabana, and
miniature golf course.
l
Major Modification - CAMA Major Permit No. 94-05
Sapphire, LLC
Dare County
Aaron Hill Harbor
Express Permit Review Program
Project setting
Kendall Turnage, with Quible & Associates, P.C., on behalf of Sapphire, LLC, c/o
Richard Brindley, has requested the attached application be processed as a major
modification of the existing CAMA Major Permit No. 94-05 under the Express Permit
Review Program. The proposed modification is for a 60 suite hotel including a name
change from Aaron Hill Harbor to Best Western Hatteras Island Suites.
The project site is located in the Town of Salvo on NC 12 (at milepost 43), on a
manmade canal and basin system off the Pamlico Sound in Dare County, North Carolina.
CAMA Major Permit No. 94-05 was issued under the Express permitting program on 22
June 2005 for the construction of 12 dwellings, an access road and parking areas, boat
ramp, bulkhead, pier, boardwalk, breakwater, and 10 slips under the name of Aaron Hill
Harbor. The permit was modified through a letter of refinement on 20 February 2006, and
the permit was renewed on 27 January 2009.
The applicant's parcel of land comprises ±9.97 acres and is bisected by a canal and
basin. The access canal is ±75' wide by ±300' long and the irregular shaped basin is
±125' wide by ±250' long. The total shoreline length for the site is ±2,813'. Current
development on the site authorized by CAMA Major Permit No. 94-05 includes a pierwith a
gazebo in Pamlico Sound, breakwater, bulkhead in the basin, boardwalk along the south
side of the access canal and around the west side of the basin, an access road with
parking areas, one dwelling on lot #7, and a community septic system and drain field. In
addition, two outbuildings have been refurbished on the site. A finger pier and associated
tie pilings define two slips in the southwest corner of the basin. The permit allows for the
construction of docking for 10 slips and the applicant intends on constructing the finger
piers as shown on the permit. The average water depth is ±375' below the normal high
water.
The area around the basin is vegetated with maintained lawn grass. The portion
of the site that abuts NC 12 is vegetated with lawn grass, ornamental shrubs, and pampas
grass. The northwest and southwest portions of the property have been delineated as
Coastal Wetlands and are vegetated with Sgartina alterniflora, Juncus roemerianus, S.
patens, and S. cynosuroides.
The property is bordered on the north side by a manmade canal, and a manmade
canal and Cedar Creek border the property on the south side. The upland portions of the
adjoining properties are developed with dwellings and the property to the south side has a
pier into the sound proper. There is adequate area at the head of both the adjoining
canals to tie up a small boat.
Major Modification - CAMA Major Permit No. 94-05
Sapphire, LLC
Dare County
Aaron Hill Harbor
Express Permit Review Program
Page Two
The site is ±9.5' above the normal water level at the proposed hotel location. The
Estuarine Water of the Pamlico Sound in this area is classified as SA, HQW by the
Environmental Management Commission and is open to shellfishing.
Existing permits for the site include: Erosion and Sediment Control Plan #DARE-
2005-017 issued 19 May 2005, NCDWQ Stormwater Permit #SW705030 issued 30 June
2005, Wastewater Disposal Permit DEH #0501092, PWS ID 0428035, DEH #2004-64
issued 24 October 2005, and a NC DOT Driveway Permit #1972 issued 6 July 2005. The
US Army Corps of Engineers assigned the project Action ID #200510643 and authorized
the development on 2 May 2005.
Project description
The applicant proposes to modify the existing permit from 12 single family
residential dwellings to a 60 suite hotel with 3 stories on pilings and parking underneath.
Proposed development also includes an attached reception/lobby area and six retail
shops. The existing dwelling on lot #7 will be auctioned at a public sale and removed from
the site. The existing access road and driveways will be removed and/or modified into a
driveway access and parking area for the hotel (with 76 of the proposed 168 total parking
spaces located under the hotel). The change in impervious surface is proposed to be
within the authorized limits of the existing Stormwater Permit.
A 24' by 40' swimming pool with a 3' concrete apron and 7' wide wooden deck (for a
total of 10' wide) around the perimeter of the pool is proposed for the area that was
identified on the original plats as the location of building #12. A 12' by 28 cabana with
restrooms is proposed adjacent the pool. An 18-hole miniature golf course is proposed
over the area of the existing community septic system repair area. The applicant has
stated that the miniature golf course will not have any impervious surface associated with
it. The applicant proposes to reduce the width of the permitted boat ramp from 30' to 15'
as well as reduce the paved approach ramp to 15' wide.
With the exception of the boat ramp, no impervious structures are proposed within
30' of the basin. The total amount of impervious surface within the 75' Estuarine Shoreline
authorized by CAMA Major Permit No. 94-05 was ±21,979 ft' or ±10.1% (included the
homes, road and boat ramp approach). The proposed change will result in 22,751 ft2 or
10.6% of impervious surface for a net increase of 772 ft2. The modified project will result in
a total of ±2.6 acres (±113,256 ft2) of upland disturbed and the original permit authorized
±3.78 acres (±163, 63,350 ft2). The total impervious surface for the modified project is 70,972
ft2 or 16.34% of the site and the original permit authorized ±70,976 ft2 or 16.34%.
®eM MP-1
APPLICATION for
Major Development Permit
(last revised 12127106) C+OL-K a GYF
North Carolina DIVISION OF COASTAL MANAGEMENT
oS-oB'Tn v2.
1. Primary Applicant/ Landowner Information
Business Name
Sapphire, Llc Project Name (if applicable)
Best Western Hatteras Island Suites
Applicant 1: First Name
Richard MI
A Last Name
Brindley
Applicant 2: First Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
5116 Lunar Drive PO Box City
Kitty Hawk State
NC
ZIP
27949 Country
USA Phone No.
252 - 202 - 2667 ext. FAX No.
757 - 257 - 0032
Street Address (if different from above) City State ZIP
Email
[e-mail]
2. AgentlContractor Information
Business Name
Environmental Professionals, Inc.
Agent/ Contractor 1: First Name MI Last Name
George H Wood
Agent/ Contractor 2: First Name MI Last Name
Kendall E Turnage
Mailing Address PO Box City State
PO Box 3368 3368 Kill Devil Hills NC
ZIP Phone No. 1 Phone No. 2
27948 252 - 441 - 0239 ext. 252 - 423 - 1234 ext.
FAX No. Contractor #
252 441 0721
Street Address (if different from above) City State ZIP
1404 South Virginia Dare Trail Kill Devil Hills NC 27948-
Email
[e-mail]
<Form continues on back>
Form DCM MP-1 (Page 2 of 5)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
Dare 27460 NC Hwy 12 NC Hwy 12
Subdivision Name City State Zip
formerly "Aaron Hill Harbor" subdivision Salvo NC 27972-
Phone No. Lot No. (s) (if many, attach additional page with list)
- - ext. currently 1-12, proposed-none, , ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Pasquotank Man made canal, Pamlico Sound and Cedar Creek
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
[]Natural []Manmade ?Unknown Pamlico Sound
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
?Yes []No work falls within.
Dare County
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
2813 linear feet approx. 434,293.2 square feet
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
Existing lots and open space will be re-combined back into NWL (normal water level)
one parcel, 0-9.5 ?NHW or ®NWL
(If many lot sizes, please attach additional page with a list)
e. Vegetation on tract
Myrica cerifera, baccharis halimifolia, spartina patens, spartina cynosuroides, borrichia frutescens, lawn grasses
f. Man-made features and uses now on tract
asphalt road, model home on former lot # 7, canal, boat basin, bulkhead, basinside building, shed, septic system.
g. Identify and describe the existing land uses adiacent to the proposed project site.
Residential and vacation homes
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
S-1 (Attach zoning compliance certificate, if applicable)
®Yes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes []No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes []No ?NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes []No ?NA
National Register listed or eligible property?
<Form continues on next page>
Form DCM MP-1 (Page 3 of 5)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ?No
(ii) Are there coastal wetlands on the site? ®Yes ?No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
9,120 gallon per day pretreatment system currently installed in east end of parcel.
o. Describe existing drinking water supply source.
Dare County Water Department
p. Describe existing storm water management or treatment systems.
Existing Collection system for that served the previous 12 lot subdivison (this system will be modified to meet the new
development and grading. Existing stormwater wetland area will remain)
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ®Commercial ?Public/Government
?Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Site will be transformed from a former 12 lot residential subdivision to a 60 suite hotel development with associated
lobby/office and 6 retail shops.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Remove existing home on lot 7 (exact location unknown at this point, house may be auctioned), removal of asphalt and
curbing for new building, site grading for new development. Construct new buildings, boat ramp, parking areas, drive aisle
and swimming pool per plans. Construct miniature golf course over septic repair area (no impervious surfaces proposed with
the miniature golf course).small bulldozers and small tractors will be used in the grading of the site.
d. List all development activities you propose.
Remove existing home on Lot 7, grading of site for new construction, construct parking areas, construct drive aisle, retrofit
stormwater conveyance system to new specifications, construct 60 suite hotel, lobby/office area, 6 retail units, construct
previously permitted boat ramp, construct miniature golf course over septic repair area, construct swimming pool,
stabilization and re-vegetation of disturbed areas
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
f. What is the approximate total disturbed land area resulting from the proposed project? 2.6 ?Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Stormwater will be collected and directed to a man made stormwater wetland feature located on the southwest side of the
parcel. The treated stormwater is discharged to surface waters in the canal.
i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA
j. Is there any mitigation proposed? ?Yes ®No ?NA
If yes, attach a mitigation proposal.
<Form continues on back>
Form DCM MP-1 (Page 4 of 5)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Donald W. Wray Phone No. 252-987-6535
Address PO Box 428 Salvo, NC 27972
Name John K. Fort, Patricia Fort Phone No. 252-987-1525
Address PO Box 65 Rodanthe, NC 27968
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
CAMA Major permit #94-05 issued June 22,2005 Wastewater disposal permits: DEH # 0501092, PWS ID
Renewal date: January 27,2009 0428035, DEH # 2004-64-- Issued October 24, 2005
Erosion and sedimentation Control Plan # Dare- 2005- 017 NC DOT Driveway permit # 1972 Issued July 6, 2005
issued May19, 2005
NCDWQ Stormwater permit # SW705030, issued June 30, US ARMY CORPS Jurisdictional Wetland,
2005
Action ID #200510643, 05102/2005
In. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date ?N?257-©q Print Name
r
Signature
Please indicate application attachments pertaining to your proposed project.
?DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
Form DCM MP-1 (Page 5 of 5)
APPLICATION for
Major Development Permit
®DCM MP-3 Upland Development
?DCM MP-4 Structures Information
Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
One motel building (with a lobby/office area), 6 retail units,
parking areas, drive ailse, swimming pool, miniature golf
course over septic repair area
c. Density (give the number of residential units and the units per
acre).
60 residential units and 6 retail units on 9.97 acres
Gc?
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land-disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
®Yes ?No ?NA
(ii) If yes, list the date submitted: please reference NCDLQ
#2005-017 approved May 19,2005
b. Number of lots or parcels.
12-lot residential subdivision site will be recombined into
one parcel for a hotel/retail use.
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
2.6 acres
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
asphalt, pervious pavement, impervious pavement
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
10.6%
i. Give the percentage of the entire tract to be covered by impervious
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
16.34%
j. Describe proposed method of sewage disposal.
Hotel and retail units will use the existing sewage disposal
system
1. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
surface runoff, bulkhead backfill and fill areas in 404 and
Isolated
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
®Yes ?No ?NA
(ii) If yes, list the date submitted: please reference original
permit--June 27,2005-- NCDWQ Stormwater permit
#SW7050220
k. Have the facilities described in Item (i) received state or local
approval?
®Yes ?No ?NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
?Yes ®No ?NA
If yes, attach appropriate documentation.
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Dare County water system
o. When was the lot(s) platted and recorded?
11 lot subdivision site will be recombined into one parcel for
a hotel/retail use.
n. (i) Will water be impounded? ?Yes ®No ?NA
(ii) If yes, how many acres? However, stormwater will be
directed to a stormwater management wetland
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
®Yes ?No ?NA
3-as-oy
Date
Best Western Hatteras Island Suites
Project Name
Sapphire, LLC
Applicant Name
Applicant Signature
FROM :EPI
PK4iNr? ONA
FAX NO. :252 441 0721 Dec. 19 2008 11:23AM P2
PLANNING FOR
A RL•TTER
ENVIRONMENT
I, Rick W1131s, authorize Environmental Professionals, 111c_ Lo act as agont for Sapphire, LLC.. for the
pluposes cif applying for environmental permits from the State and Federal agencies.
/wiWil Manager
Sapphire, LLC
p. U. BOX 3368 KILL DEVIL HILLS, NORTH CAROLINA 27948-33K8-- 252441-0239
FAX: [phone] • EMAIL: environinentalpro@earthlinl<.net
ENVIRONMENTAL
PROFESSIONALS
INC.
PLANNING FOR
A BETTER
ENVIRONMENT
March 9, 2009
Ms. Patricia Fort
P.O. Box 65
Rodanthe, NC 27968
Dear Ms. Fort,
In response to your correspondence regarding the notification of the improvements at property adjacent to
yours in Salvo, North Carolina known as Aaron Hill, I am enclosing copies of full-sized plats for the
proposed development. In addition, I have enclosed a copy of a CAMA Major Development application
for your consideration.
Should you have any questions with regards to this matter, do not hesitate to contact me.
Sincerely,
?Zge * onmental Profes onals, Inc.
H. Wood, CEP, PWS
Enclosures: a/s
cc: Sapphire, LLC
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • 252-441 -0239
FAX: [phone] • EMAIL: [e-mail]
February 17, 2009
ENVIRONMENTALMs. Patricia Fort
PROFESSIONALSp O. Box 65
INC. Rodanthe, NC 27968
PLANNING FOR
A BETTER
ENVIRONMENT Dear Ms. Fort,
(Certified/Return Receipt Requested)
Environmental Professionals, Inc. has been retained by Sapphire, LLC for the purpose of applying for a
CAMA Major Development Permit to authorize the amendments to the subdivision that was approved
adjacent to your property in Salvo, North Carolina. Enclosed you will find a revised plat depicting the
change of use of the property from a residential subdivision to a hotel development. No changes are
proposed for work within the adjacent waters.
This notification is done in accordance with the rules provided for under the Coastal Area Management Act
and will provide you an opportunity to comment on the proposed project. Should you have no comment
regarding the proposal, please sign at the bottom of this document and return to me as soon as possible so
that we may proceed with the permitting process. If you do have comments, you may contact me or the
North Carolina Division of Coastal Management so that your comments may be considered in the permit
process.
North Carolina Division of Coastal Management
Attn: Mr. David Moye
943 Washington Square Mall
Washington, NC 27889
Telephone No.: 252-946-6481
Thank you for your consideration of this matter, and I remain available to answer any questions that you
may have.
Sincerely,
Envi onmental Pr ionals, Inc.
' eorge H. Wood, CEP, PWS
Enclosure: a/s
I have comments with regards to the proposed development.
I have no comments with regards to the proposed development.
Signature
cc: Sapphire, LLC
Date
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • 252-441-0239
FAX: [phone] • EMAIL: [e-mail]
I
February 17, 2009 (Certified/Return Receipt Requested)
ENVIRONMENT,??,,D.,, onald & Penny Wray
PROFESSIONALS` o. Box 428
Salvo, NC 27972
PLANNING FOR
A BETTER Dear Mr. & Mrs. Wray,
ENVIRONMENT
Environmental Professionals, Inc. has been retained by Sapphire, LLC for the purpose of applying for a
CAMA Major Development Permit to authorize the amendments to the subdivision that was approved
adjacent to your property in Salvo, North Carolina. Enclosed you will find a revised plat depicting the
change of use of the property from a residential subdivision to a hotel development. No changes are
proposed for work within the adjacent waters.
This notification is done in accordance with the rules provided for under the Coastal Area Management Act
and will provide you an opportuniti to comment on the proposed project. Should you have no comment
regarding the proposal, please sign at the bottom of this document and return to me as soon as possible so
that we may proceed with the permitting process. If you do have comments, you may contact me or the
North Carolina Division of Coastal Management so that your comments may be considered in the permit
process.
North Carolina Division of Coastal Management
Attn: Mr. David Moye
943 Washington Square Mall
Washington, NC 27889
Telephone No.: 252-946-6481
Thank you for your consideration of this matter, and I remain available to answer any questions that you
may have.
Sincerely,
Environmental Professions, Inc.
orge H. Wood, CEP, PWS
Enclosure: a/s
I have comments with regards to the proposed development.
I have no comments with regards to the proposed development.
Signature
cc: Sapphire, LLC
Date
P.O. BOX 3368 KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • 252-441-0239
FAX: [phone] EMAIL: [e-mail]
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200510643 County: Dare U.S.G.S. Quad: Rodanthe
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Saffire LLC c/o Mr. Robert Ben Sea] Jr.
Address: BD&A
821 Ocean Trail - Suite 4
Corolla Nortb Carolina 27927
Telephone No.: 252-453-3600 ext 241
Property description:
Size (acres) 9.97 Nearest Town Salvo
Nearest Waterway Pamlico Sound River Basin Pamlico Sound
USGS HUC 03020105 Coordinates N 35.539074 W -75.476334
Location description Two lots totalling 9.97 acres located west of the intersection of Ocean Sprav Road (NCSR 1470)
and NC Highway 12 and adiacent to the Pamlico Sound in Salvo Dare County North Carolina. PIN #
18064608892658 and 18064608893867.
Indicate Which of the Following Apply:
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
.under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
X 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 and Section 404 of the Clean Water Act. 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 There are 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA 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.
X 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 5/2/2005. 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, at [phone] to determine
their requirements.
Page 1 of 2

Action Id. 200510643
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Wescott at [phone] ext 25.
Basis For Determination: This site exhibits wetland criteria as described in th 1987 Corps Wetland Delineation Manual
and is adjacent to the Pamlico Sound.
Remarks:
Corps Regulatory Official: Date 05/02/2005 Expiration Date 05/02/2010

Copy Furnished:
Environmental Professionals, Inc.
Page 2 of 2
JURISDICTIONAL DETERMINATION Revised 8/13/04
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 200510643
PROJECT LOCATION INFORMATION:
State: North Carolina
County: Dare
Center coordinates of site (latitude/longitude): N 35.539354 / W-75.474864
Approximate size of area (parcel) reviewed, including uplands: 9.97 acres.
Name of nearest waterway: Pamlico Sound
Name of watershed: Tar-Pamlico River Basin
JURISDICTIONAL DETERMINATION
Completed: Desktop determination El' Date:
Site visit(s) Date(s): 2/3/2005
Jurisdictional Determination (JD):
Preliminary JD - Based on available information, ? there appear to be (or) ? there appear to be no "waters of the United States"
and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part
331).
El Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
9 There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed
area. Approximate size of jurisdictional area: 2.23 acres.
There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area: 3.47 acres.
. There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
(1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
(2) The presence of interstate waters including interstate wetlands.
? (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats,
wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could
affect interstate commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could betaken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
? (4) impoundments of waters otherwise defined as waters of the US.
Z (5) The presence of a tributary to a water identified in (1) - (4) above.
? (6) The presence of territorial seas.
F1 (7) The presence of wetlands adjacentz to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or
wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. If B(1) or B(3)
is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i. e., discuss site conditions, including
why the waterbody is navigable andlor how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, 5 or
6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of
Jurisdiction, document the rationale used to make adjacency determination: This site exhibits wetland criteria as described in th 1987
Corps Wetland Delineation Manual and is adjacent to the Pamlico Sound.

Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Ordinary High Water Mark indicated by: [] High Tide Line indicated by:
? clear, natural line impressed on the bank ? oil or scum line along shore objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/characteristics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other:
? other:
Mean High Water Mark indicated by:
? survey to available datum; ® physical markings; ® vegetation lines/changes in vegetation types.
El. Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Environmental
Professionals, Inc.
Basis For Not Asserting Jurisdiction:
The reviewed area consists entirely of uplands.
Q Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose
of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting
body of water meets the definition of waters of the United States found at 33 CFR 328.3(a).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
Maps, plans, plots or plat submitted by or on behalf of the applicant.
Data sheets prepared/submitted by or on behalf of the applicant.
® This office concurs with the delineation report, dated 3/1/2005, prepared by (company): Environmental Professionals, Inc.
? This office does not concur with the delineation report, dated prepared by (company):
Data sheets prepared by the Corps.
Corps' navigable waters' studies:
U.S. Geological Survey Hydrologic Atlas:
U.S. Geological Survey 7.5 Minute Topographic maps: Rodanthe
U.S. Geological Survey 7.5 Minute Historic quadrangles:
U.S. Geological Survey 15 Minute Historic quadrangles:
El USDA Natural Resources Conservation Service Soil Survey: Dare Sheet 18
? National wetlands inventory maps:
? State/Local wetland inventory maps:
FEMA/FIRM maps (Map Name & Date):
100-year Floodplain Elevation is: (NGVD)
Aerial Photographs (Name & Date):
Other photographs (Date):
Advanced Identification Wetland maps:
Site visit/determination conducted on: 2/3/2005
? Applicable/supporting case law:
Other information (please specify):
'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
hydrophytic vegetation, hydric soils and wetland hydrology).
'The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural
river berms, beach dunes, and the like are also adjacent.
Jan 30 09 02:21 p Richard Brindley
757-623-3112 p.1
A' Y4
.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
January 28, 2009
Aaron Hill Harbor
Sapphire LLC
5116 Lunar Drive
May Hawk, N.C. 27949
Dear Sir:

The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored form) is retained by you
and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of
appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-
229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with die Office of Administrative
Hearings, 6714 Mail Semite Center, Raleigh, NC 27611-6714, [phone] within twenty (20) days of this decision on
your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit
within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the
final decision on anv appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out
in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval.
Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work
done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
Sincerely,
Douglas V. Huggett
Major Permits and Consistency lvlanager
Enclosure
400 Commerce Avenue; Morehead City, N.C. 28557
Phone: [phone] \ FAX. [phone] Internet: http://dcm2.enr.state.ric,us
An Equal Opportunity l Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
Jan 30 09 02:22p Richard Brindley
757-623-3112 p.2
¢; ••.>..-:^--xaa:-: ? -._:;.;:.._:.v?-o- x.,-:=-:..o-o-?<:..:-...<-?.::.:-.•ee-co-:.. ::....?._>.:..:..?_-c.... ...:.err:-...:y::.r-?.::.>.>:? ..:.:. .... -........: ?... -. :.. ....rr..-:.._,.: ..s.,.-.:
Permit Class Permit Number
1 RENEWAL 94-05
Y STATE OF NORTH CAROLINA
y Department of Environment and Natural Resources
i •i
and
Coastal Resources Commission
A
i for
•S
X Major Development in an Area of Environmental Concem
pursuant to NCGS 113A 113
:i
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Aaron Hill Harbor, for Sapphire, LLC, 5116 Lunar Drive, Kitty Hawk, NC 27949
:i Authorizing development in Dare Comity On Pamlico Sound and a basin and canal,
adiacz-n* NC 12. within the Town of Salvo, as requester: in the pertnrttee's letter dated 12/19/08
X
- ?s
This permit, issued on January 27, 2009 is subject to compliance with the application (?,v:aere cor.sisitell( with
the permit), all applicable regulations, special conditions and notes set forth below. Any violatiotl of these terms may be
subject to fines, imprisonmzttt or : ivil action; or may cau.,e the permit to be null and void. ;
Th_s renewal shall be attached to the cri'linal I'erntit No. 94-05, which was issued on 6/22/05, as tivell as
the refinement issued on 2i20/06, and copies of all documents shall be readily available on site when
Division personnel inspect the project for compliance.
2) All conditions and stipulations of the active permit remain in force under- this renewal.
This permit action may be appealed by the permtltec ur
other qualified persons within vwenty (20) days o the issuing
cute. An appeal requires resolution prior to work initiatiuit or
continuance as the case may be.
This 7ermit must be accessible on-site to Department
personnel when the project is inspected --or compliance
Any maintenance work or project modhcation not covered
hereunder requires i'urtlier Division approval.
All work must cease when the permit expires on
-Dccembcr 31.2010
In issrsine this permit. the State ?)C North Carolina n oecs
''t 'th tl N? , th C'uolir t (1 -t<'-d
5t nea oy the autncnry car ine secretary of u1,!.11r, a,.u Luc
Chairman of the Coastal Resources Commission.
JDC"/ V
Janies . Gregson, Director
D`:vision of Coastal Management
This permit and its conditions are aereby accepted.
tl,dt your pCufut is const, ent wi tc t r -- --
Man• _,ement Ftcgram. Signature of Permute
A4 ` •
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
22 June 2005
CERTIFIED MAIL 7003 3110 0002 0605 8822
RETURN RECEIPT REQUESTED
Aaron Hill Harbor
Sapphire, LLC
C/o Ben Seal, Jr.
5116 Lunar Drive
Kitty Hawk, NC 27949
Dear Mr. Seal:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored)
form is retained by you and it must be available on site when the project is inspected for compliance. Please sign
both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully
understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning
permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time
for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources,
Very sincerely,
(a) aD W
David W. Moye
Express Permits Coordinator
252-948-3852
Enclosure
Cc: Rick Willis, R C Willis Construction, Post Office Box 68535, Virginia Beach, VA 23471
Linwood Stroud, Stroud Engineering, P.A., 107 B Commerce Street, Greenville, NC 27858
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net/
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
Permit Class Permit Number
NEW (Express Permit Program) 94-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
LL m`t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Aaron Hill Harbor, for Sapphire, LLC, 5116 Lunar Drive, Kitty Hawk, NC 27949
Authorizing development in Dare County on Pamlico Sound and a basin and canal, adjacent NC12,
within the Town of Salvo, as requested in the permittee's application dated 04/22/2005 including the attached
workplan drawings (8) two dated 02/28/2005 two dated 04/27/2005 and four dated 05/03/2005
This permit, issued on June 22, 2005 is subject to compliance with the application (where consistent with
the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be
subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, this permit authorizes the construction of 12 dwellings (11 new
homes and one existing structure upgrade), construct an access road and parking areas, relocate.a boat
ramp, construct a pier and platform in Pamlico Sound and construct 4 finger piers in the basin to create a
total of 10 slips, all as depicted in the attached permit application and workplan drawings.
Stormwater Management
2) In order to protect water quality, runoff from the construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date, An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the pen-nit expires on
December 31, 2008
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Aaron Hill Harbor
Sappilire, LLC
ADDITIONAL CONDITIONS
Permit 4 94-05
Page 2 of 4
3) The Division of Water Quality (DWQ) is currently reviewing a stormwater permit application to
determine if the project is in compliance with North Carolina's Stormwater Management Program and
has assigned permit No. SW7050303 to the application. The permittee shall receive a Stormwater
Management Permit from DWQ, and provide a copy to the Division of Coastal Management, prior to
the initiation of any construction activities.
4) With the exception of grass swales and the outlet conveyance, no portion of the proposed stormwater
system shall be located within the 30 foot Coastal Shoreline buffer. If this condition results in a
modification of the Stormwater Management Permit referenced in Condition No. 3 above, the permittee
shall provide a copy of the modified Stormwater Management Permit to the Division of Coastal
Management, prior to the initiation of any construction activities.
Sedimentation and Erosion Control
5) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion
swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent
wetlands, watercourses and/or properties.
NOTE: The permittee has received a Sedimentation and Erosion Control Plan from the NC Division of
Land Resources (Project No. DARE-2005-017). Should the permittee choose to modify/amend
the existing Sedimentation and Erosion Control Permit, he or she should contact the Department
of Environment and Natural Resources; Land Quality Section, at 943 Washington Square Mall,
Washington, NC 27889.
Docking Facilities
b) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
7) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over public trust
waters without permit modification.
Aaron Hill Harbor Permit 994-05
Sapphire, LLC Page 3 of 4
ADDITIONAL CONDITIONS
9) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
10 This permit authorizes a maximum of 10 boat slips. At no time shall more than 10 vessels be moored or
docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types,
including but not limited to motorboats, sailing vessels and personal watercraft.
11) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
must be permeable to air and water. Screen or wire on the sides along with benches and knee walls are
permitted. Lattice is specifically excluded from being used under this authorization.
12) The roof of the gazebo shall not be designed for second story use.
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day
operation of the facility to prevent facility waste from entering the adjacent waters. Such
discharge, either directly or indirectly, to adjacent waters could contravene state water quality
standards, thereby violating state law.
Shoreline Stabilization
13) The bulkhead shall be constructed prior to any backfilling activities, and the bulkhead shall be
structurally tight so as to prevent seepage of backfill materials through the structure.
14) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by Division personnel. With the exception of the relocated boat ramp, no
excavation is permitted except for that which may be required for the construction of the bulkhead wall,
riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved
alignment.
15) The fill material shall be clean and free of any pollutants except in trace quantities.
Excavation
15) This permit authorizes excavation below the normal high water as necessary to remove the existing boat
ramp and construct the new relocated boat ramp as depicted in the pen-nit application and workplan
drawings.
17) No vegetated wetlands will be excavated.
18) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
Aaron Hill Harbor
Sapplure, LLC
ADDITIONAL CONDITIONS
Concrete Boat Ramp
Permit 9 94-05
Page 4 of 4
19) The concrete boat ramp shall be poured on high ground and pushed or placed into the water once
hardened; or the applicant shall provide information on other construction methodologies that will be
considered for approval on a case-by-case basis by Division personnel. No live concrete shall come into
contact with the waters of the State.
General
20) The permittee and/or his/her contractor is urged to meet with a representative of the Division prior to
project initiation.
21) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200511015.
NOTE: The N.C. Division of Water Quality is currently reviewing the permit application to determine if
the project is in compliance with North Carolina's Water Quality Certification Program and has
assigned it Project # 05-0870. The permittee must receive a Water Quality Certification from
DWQ prior to the initiation of any construction activities.
NOTE: The permittee is advised that any development or land disturbing activity that is considered non-
water dependent is not allowed within 30 feet of the normal high water level unless specifically
exempted by Coastal Resource Commission (CRC) regulations in place at the time of such
development.

State of North Carolina
Department of Environment
and Natural Resources
Division of Environmental Health
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Terry L. Pierce, Director
Andy Adams, Section Chief
October 24, 2005
Mr. Jack Flythe, Environmental Health Supervisor
Dare County Health Department
PO Box 1000
Manteo, NC 27954
Courier: 16-30-11; Fax: [phone]
NCDENR
Subject: Approval of Plans and Specifications for Aaron Hill Harbor Wastewater System
Salvo, Kinnakeet Township, Dare County
Project Number: 2004-64
Dear Mr. Flythe:
On August 12, 2005, we received a submittal for Aaron Hill Harbor project with a design flow of
9,120 gallons per day. The system is to serve eleven (11) proposed six-bedroom dwellings
(STEP), and an existing clubhouse and boathouse. It is our understanding that the clubhouse
is to be renovated and the purpose of the facility changed to another dwelling. Revised
engineering plans and specifications for the proposed wastewater system were received
September 16, 2005. A meeting was held at the OSWW offices in Raleigh on October 12,
2005 to discuss our request for additional information stated in the letter dated October 6,
2005. In attendance were Linwood Stroud (Stroud Engineering, PA), Rick Willis and Steve
Barry (AQWA). On October 13, 2005, we received a fax from Linwood Stroud that included
additional information for the Aaron Hill Harbor wastewater system. Based upon our review of
the submittal, our discussion and subsequent response by the above parties to our request, it
appears that all of our previous technical comments have been adequately addressed. The
approved plans and specifications are for the following facilities and system components:
Facilities: Proposed -twelve (12) six-bedroom dwellings
System:
Pretreatment - New
• STEP systems [twelve (12) 1,500 septic tanks (either Blackwelder STB-405 or STB-
395) with Orenco Systems®effluent filter Model FTPS 0444-36NC and twelve (12)
1,200 gallon pump tanks (either Blackwelder PT-332 or PT-213) with Orenco Systems°
Biotube Pump vault Model PVU66 1819 and Orenco Systems® P1005 11-30 pump]
¦ One (1) 10,000 gallon Xerxes& PT-441 recirculation tank with dual Orenco Systems
Biotube Model PVU 842419 and Orenco Systems® Model P500712 3/4 HP pumps
• One (1) four-tube TROJANUVMAXTM Model F UV disinfection system
¦ Four (4) AdvanTex° AX100 Treatment System wastewater filter units
¦ AdvanTex° Systems control panel with telemetry
ON-SITE WASTEWATER SECTION
1642 Mail Service Center, Raleigh, North Carolina 27699-1642 ? Telephone [phone]
Fax 919-71S-3227 ? Email: lorna.withrow@ncmail,net
Aaron Hill Harbor
October 24, 2005
Page 2 of 6
Treated effluent distribution - New
• One (1) 5,000-gallon Xerxeso PT-436 dosing tank with two (2) Zoeller Model 4294
duplex 1'/2 HP effluent pumps
¦ Two-(2) low pressure pipe drainfield consisting of sixteen (16) 114-foot center-fed
laterals (2 @ 4,560 gpd, total = 9,120 gpd). The repair drainfields consists of two (2)
45' x 105' areas (2 @ 4,725 gpd, total = 9,450 gpd).
Design Flow: Treatment design flow is 9,120 gallons per day
System classification: Vb, requiring bi-weekly inspection by the ORC and quarterly inspection
reports submitted to the local health department, and at least annual inspection by your
department. It is strongly recommended that the ORC and your department conduct
inspections of this facility more frequently, especially during the first year of operation.
It is critical that the Health Department require a preconstruction meeting be held prior to
system installation. Representatives of the Health Department, the owner, the installer
and the engineer certifying the installation must attend this meeting. During this meeting,
the sequencing of project construction, inspection, and testing activities. must be
discussed and clearly understood by all parties. Holding such a preconstruction meeting
must be listed as a condition in the Authorization to Construct, with attendance required
by all key parties prior to the onset of the system installation. It is noted that this meeting
has been included in the project specifications.
As you are aware, there are a number of times during the installation of this system when direct
supervision by the health department must be provided to insure that this system is installed
properly. For this project, make certain that:
Facilities served remain as specified, with no new sources of wastewater to be added to
the system. Water conserving measures are to be practiced, including low-flow fixtures
(toilets which use no more than 1.6 gallons per flush, urinals which use no more than
1.0 gallons per flush, spigots which use no more than 1.0 gallons per minute. No
garbage grinders are permitted to be connected to the sanitary sewage system. HVAC
and refrigeration/freezer unit condensate lines are plumbed into the storm water (not
sanitary) system.
Individual Septic Tanks/Pump Tanks are to be constructed in strict accordance with
approved plans, including specified tank capacities for each different set of facilities.
Plastic risers for new tanks must be cast-in-place, with internal concrete lid for septic
tank inlet end in place, and locking cable provided for additional security over all risers.
Pipe penetrations must be through cast-in-place boots/stainless steel straps, or
approved equal penetration seal. Tanks must be demonstrated to be watertight by 24-
hour leakage tests, as specified. Effluent filters must be installed as specified and in
accordance with manufacturer's requirements and demonstrated to be
reachable/removable from the riser tops.
ON-SITE WASTEWATER SECTION
1642 Mail Service Center, Raleigh, North Carolina 27699-1642 ? Telephone [phone]
Fax [phone] Email: [e-mail]
Aaron Mill Harbor
October 24, 2005
Page 3 of 6
The individual unit control panels are to include timer controls and designed to be
serviceable by a portable standby generator. All pumps must be the models specified
for the particular station and demonstrated to operate properly/automatically, including
proper alternation, and audible/visible alarms to function properly.
Individual STEP service connections shall be in strict accordance with approved plans,
including valve box with shut-off valve and check valve at street right-of way. Note that
all taps off the pressure sewer mains must be installed (up to the service connection
valve box) during the construction of the main. Individual STEP service lateral
connections could be installed at a latter date when the facility served is being
constructed (with separate Construction Authorization issued for each STEP sub
system).
• Collection system is completed per approved plans and specifications, proper materials,
including ductile iron pipe segments where indicated, grade, and with all required
horizontal and vertical separations maintained between sewers, storm water drains and
water lines. All sewer lines, cleanouts and manholes must be tested for watertightness,
as specified.
Tankage, General: All tanks shall be installed in strict accordance with the approved
plans and specifications including use of properly constructed state-approved tanks,
and paying strict attention to specified invert elevations, watertightness provisions
including specified pipe penetrations, additional waterproofing, and drainage provisions
to divert surface water from the tanks and their access openings. Ensure that access
openings and risers are provided as shown and determined to be fully accessible and
functional from the ground surface without requiring entrance into any basins. Ensure
that all tanks are determined to be fully watertight and infiltration-resistant per the
watertightness tests specified. Do not accept any tanks that have had holes cast into
them below the working liquid level, whether patched or not. Manhole rings or hatches
are to be bolted and sealed onto their risers as shown to be provided.
Wash-down water supplies in tankage vicinity must be provided.
¦ Tanks and access openings, risers/manholes, outlet tees and effluent filters shall be
installed in strict accordance with approved plans and specifications, as well as being in
accordance with manufacturer's specifications. Filter must be readily accessible from the
tops of the tank without requiring entrance into the tank (access handle should extend to
within 12-inches of riser top.
¦ All access riser hatches shall be secured by tamper-resistant stainless steel bolts, and
inaccessible with flathead screwdrivers, Phillips screwdrivers, or standard wrenches.
• Pump tank must include all specified pumps and components, with all hardware of
stainless steel or comparable corrosion resistance material. Ensure that all
ON-SITE WASTEWATER SECTION
1642 Mail Service Center, Raleigh, North Carolina 27699-1642 ? Telephone [phone]
Fax [phone] ? Email: [e-mail]
Aaron Hill Harbor
October 24, 2005
Page 4 of 6
appurtenances, (e.g., floats and float support mechanisms, valves, etc.) are provided as
shown and specified, including the use of corrosion-resistant stainless steel and
PVC/Schedule 40 and/or ductile iron pipe where indicated. Level control floats must be
readily accessible from above grade and installed at specified activation elevations.
Control panel is to be installed directly adjacent to the tank in NEMA 4X enclosure with
wires conveyed from pumps and controls directly to the panel through conduit installed
in the riser. Wire conduits must be watertight and gastight, yet still enable floats or
pumps to be changed without requiring entrance into the tanks. The anti-siphon with
check valve should be installed as shown on the plans.
¦ Pump delivery rates must all be measured (for each pump) and determined to be
comparable to design specifications.
AdvanTex® Units are installed per the plans and specifications. The units shall be
specifically designed to meet NC design requirements, as follows:
o Septic tanks shall be approved by the state and Orenco Systemse, Inc.
specifically for the use with AdvanTex® systems. As part of this approval, the
septic tanks will have an inlet sanitary tee and a state approved, appropriately
sized Orenco Systemse effluent filter on the outlet end.
o Recirculation tank will contain the recirculating splitter valve and the Siotube
screened pump vault. The recirculation tanks shall be approved by the state and
Orenco Systemso, Inc. The recirculation tank shall have an inlet sanitary tee.
o A drainback configuration without a pump check valve is required for the
forcemain.
o AdvanTex Systems will utilize the VeriComm® telemetry control panel. The
control panel is in a NEMA 4X enclosure, and shall be located within 30 feet of
the recirculation tank. Separate control and alarm circuits will be provided. The
Telemetry Control Panel shall be connected to an active phone line. The Dare
County Health Department shall have an internet ready computer and have a
password or have the equipment necessary to directly connect to the panel on
site. The operator of the system must be able to access the panel directly on
site and shall be available with a 24-hour notice to the county in the event a
direct connection is necessary.
o Dual UV units will be provided on each forcemain and will provide sufficient
disinfection to attain the treatment goal.
• Dosing Tank must include all specified pumps and components, with all hardware for
float supports, access hatches and pump removal chains of stainless steel. Ensure that
all appurtenances, (e.g., floats and float support mechanisms, valves, etc.) are provided
as shown and specified. Level control floats must be readily accessible frorn above
ON-SITE WASTEWATER SECTION
1642 Mail Service Center, Raleigh, North Carolina 27699-1642 O Telephone [phone]
Fax [phone] Email: lorna.withrow@ncmaiLuet
Aaron Hill Harbor
October 24, 2005
Page 5 of 6
grade and installed at specified activation elevations. Control panel is to be installed at
specified location adjacent to lift station in NEMA 4X enclosure with wires conveyed
from pumps and controls through wire conduit installed in the riser. Wire conduit(s)
must be watertight and gastight, yet still enable floats or pumps to be changed without
requiring entrance into the tanks. Dosing system appurtenances must be manually
checked and controls must be tested for proper automatic operation. The high water
alarm should also be tested and ensured to be properly functioning.
• Control panels controlling drainfield dosing pumps shall have pump cycle and run timer
recording capability and shall meet the requirements of .1952.
• Geotextile fabric shall be used between the rock layer and backfill material
• A five (5) foot setback shall be maintained between the dispersal field and tanks.
• Timed dosing shall be provided to the disposal field.
• Supply Lines are provided in strict accordance with approved plans and specifications,
including pipe sizes, materials, including specified air release valves, separation
distances/crossing details and installation depths. Ensure that the hydrostatic pressure
tests for watertightness are executed in accordance with specifications and approved
plans.
• Start-up provisions are completed including flushing of supply lines, testing of system
performance, AdvanTex° start-up per manufacturers specifications, and final
landscaping provisions,.which should adequately divert water away from the drainfields
and tanks and begin to establish a suitable vegetative cover over the drainfields. Dosing
system testing and adjustments must be completed including required measurements
of pump delivery rates and pressures in each field.
• Repair area: The repair area identified for this project and access thereto must be
maintained and kept available for future repair. No construction on or utilization of this
area is permitted.
• Operation and Maintenance (O&MZ All AdvanTex® Treatment Systems shall be
maintained according to the latest revision of the AdvanTex® Operation and
Maintenance Manual as published by Orenco Systemso, Inc. and also the Innovative
Wastewater System #IWWS 2004-3 approval. The one change that we are requiring
as part of this approval is that instead of 4 samples per year, with one taken every
quarter, we also require samples to be taken monthly in June, July, August, and
September of each year. This change is made as these houses appear to be rental
houses, and should be sampled during times of peak use.
A certified subsurface system operator shall, be contracted to operate the subsurface
system. The operator shall inspect the system and report findings to the health
ON-SITE WASTEWATER SECTION
1642 Mail Service Center, Raleigh, North Carolina 27699-1642 ? Telephone [phone]
Fax [phone] C Email: [e-mail]
Aaron Hill Harbor
October 24, 2005
Page 6 of 6
department. The system is classified as a Type Vb and requires bi-weekly
monitoring with quarterly reporting by a certified subsurface operator (who must
authorized by Orenco Systems@, Inc. to operate the system). 0&M procedures
listed in the operation permit shall include that during each operator visit, daily flows at
the facility must be monitored and recorded, and the pump elapsed time and cycle
counter readings shall be recorded at all pump tanks. At least semiannually, the ORC.
must re-measure and set the pressure head and pump delivery rates to the drainfields,
as needed.
The effluent must be sampled, as stipulated above, at the dosing tank for CBOD5, TSS,
Ammonia-nitrogen, fecal coliform bacteria and Total Nitrogen at a NC certified
wastewater laboratory. The samples must be obtained, preserved and analyzed in
accordance with 40 CFR 136 procedures, and chain-of-custody documentation must be
provided with all monitoring reports. The treated effluent must meet a CBOD5 of 10
mg/l, a TSS of 10 mg/l, Ammonia-nitrogen of 10 mg/1, fecal coliform bacteria of
1,000 colonies 1100 ml and a Total Nitrogen of 151mg/I to ensure drainfield longevity.
If the analyses indicate these limits are not being met, then the operator must contact
your office within 24 hours. Every three months, a written report documenting the
sampling data must be included in the operator report. After one year of compliant
sampling is completed, consideration may be given to the monitoring frequency being
modified with the approval of this office.
Note that a registered professional engineer must certify that the system has been installed in
accordance with the approved plans and specifications. The certifying engineer or his
representative bases this certification upon periodic observations of construction and a final
inspection for design compliance. Please also note that AdvanTexo Treatment Systems'
representatives must approve the system, and the health department prior to the
issuance of an operation permit must approve the installation.
If you have any questions pertaining to this letter and if we may be of assistance during your
inspection of the installation of this system, please contact us. If you have any questions
concerning these comments, please feel free to contact me by phone at [phone], by
fax at [phone], or by e-mail at [e-mail].
Sincerely,
6ZO?044&?
Lorna C. Withrow
On-Site Wastewater Engineering
cc: Robert Uebler, PhD - Regional Soil Specialist
Linwood E. Stroud, P.E. - Stroud Engineering, P.A.
Steve Barry, AQWA
ON-SITE WASTEWATER SECTION
1642 Mail Service Center, Raleigh, North Carolina 27699-1642 0 Telephone [phone]
Fax [phone] ? Email: [e-mail]
Jan 06 09 01:50p Richard Brindley
. - v L V V V I L' V 71 11.
. P •W ?.rr;at.
757-623-3112 p.1
COUNTY OF r-_)ARE
Planning Department
P.O. Lox ?(1(U. ?79554
December 23, 2008
North Carolina Division of Water Quality
Akin: Mr. Al Hodge
943 Washington Square Mall
Washington, NC 27889
Dear M?;'
NC-U941 P. I V
MantPo. e252) 47r-`l17()
KI H Satellite: (242) Ql5 tati? 3
Ruxicn: (252) 475-587.,
Sapphire, LLC was approved by the Dare County Board of Commissioncrs to conamq a
residential community called Aaron Hill Harbor in Salvo, Dare County in 2004. The
proposed development required Board approval because that proposal represented a
conditional use in the S-I Zoning District.
I n June of 2008, representatives from Sapphire, LLC presented to me a proposed change
in use of their project The change was to construct a hotel which is a permitted use in
the Zoning District. Our procedures allow for administrative approval of a permitted use,
subject to the receipt of all State, Federal, and Local authorities.
I hope this information is useful in your consideration of the proposed project.
Si ,
Raymond P. St=a
DirWor of Planning
County of Dare
LAND OF -qE( INf INC'
_r
Division of
Environmental Health
P` Ision of Environmental Health
State of North Carolina
Terry L. Pierce, Director Michael F. Easley, Governor
Department of Environment and
Public Water Supply Section Natural Resources
Jessica G. Miles, Section Chief William G. Ross, Secretary
February 27, 2006
T.J. KETTERMAN
600 Mustian Street
Killdevilhills,NC 27948
Re: Final Approval
AARON HILL HARBOR
DEH Serial # 0501092
PWSID 40428035
DARE County
Dear Sir/Madam:
The Department received an engineer's certification statement and an applicant's certification statement
concerning the above referenced project. The engineer's certification verifies that the construction of the
referenced project has been completed in accordance with the engineering plans and specifications approved under
Department Serial Number 0501092. The applicant's certification verifies that an Operation and Maintenance Plan
and Emergency Management Plan have been completed and are accessible to the operator on duty at all times and
available to the Department upon request and that the system will have a certified operator as required by 15A
NCAC 18C.1300.
The Department has determined that the requirements specified in 15A NCAC 18C .0303(a) and (c) have
been met and, therefore, issues this Final Approval in accordance with Rule .0309(a).
Please contact us at [phone] if you have any questions or need additional information.
Sincerely,
?-4
Tony C. Chen, P.E.
Technical Services Branch
Public Water Supply Section
TCC::SMC
cc: FRED HILL, Regional Supervisor
DARE County Health Department
Stroud Engineering, P.A.
1634 Mail Service Center, Raleigh, North Carolina 27699-1634
Telephone [phone] ? Fax [phone] ? Lab Form Fax [phone]
http://ncdrinkingwater.state.nc.us/
NorthCarohna
Naturally
An Equal Opportunity/ Affirmative Action Employer
?pF COAfiq?41,
?O
i z
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
20 February 2006
Aaron Hill Harbor, for Sapphire, LLC
C/O Mr. Joe Alleva, Project Manager
Outer Banks Construction
Post Office Box 1795
Kitty Hawk, North Carolina 27949
Dear Mr. Alleva:
This letter of refinement is in reference to your 14 February 2006 letter requesting a
modification of Major CAMA Permit Number 94-05 issued to on 22 June 2005. Permit Number
94-05 was issued for the construction of 12 dwellings (11 new homes and upgrade an existing
dwelling), construct an access road and parking areas, relocate a boat ramp, construct a pier
and platform in Pamlico Sound and construct 4 finger piers in the basin to create a total of 10
slips. The permitted activity is located in the Town of Salvo on NC 12 (at milepost 43), on a
manmade canal and basin system off the Pamlico Sound in Dare County, North Carolina
You have requested permission to change the shape of the permitted covered platform
at the end of the pier from a ±17' by ±22' (drip line) rectangle to a ±17' by ±22' (drip line)
octagon shape. In addition, you have requested to add a total of 46 new pilings on either side of
the pier and along the canal entrance bulkhead for structural support. Your request to modify
the aforementioned permit to make the proposed changes is hereby authorized. All permit
conditions including the 31 December 2008 expiration date still apply and remain unchanged.
All work must be carried out in accordance with your revised plat dated 06 February 2006 (see
attached).
Thank you for your time and cooperation in this matter. If you have any questions,
please don't hesitate to contact me in the Washington Regional Office.
Sincerely,
. 111-111-
David W. Moye
Express Permit Coordinator
Washington Regional Office
ATTACHMENT
cc: Doug Huggett - Majors Permits Chief, DCM
Ted Sampson - District Manager, DCM, Elizabeth City Office
Raleigh Bland - U. S. Army Corps of Engineers
Ben Seal, Jr. - 5116 Lunar Drive, Kitty Hawk, NC 27949 (w/o attachment)
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: wwriccoastalmanagement.net/
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 1 10% Pist Consumer Paper
%?d ?1yh- r p
d AR
State of North, Carolina
Department of Environment and Natural Resources
Washington Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION r 7 ,. , 7 77
May 19, 2005
{
LETTER OF APPROVAL OF REVISED PLAN; My
2 0 209
4
7
Sapphire, LLC '.
ATTN: Mr. Ben Seal, Jr., Member/Manager
511 ? Lunar Drive
Kitty Hawk, North Carolina 27949
RE: Erosion and Sedimentation Control Plan No. Dare-2005-017
Aaron Hill Harbor
NC 12 - Dare County
Drainage Basin: Pasquotank
Date Received: May 17, 2005
Responsible Party: Sapphire, LLC
Dear Sir:
This office has completed its review of the erosion and sedimentation control plan for the referenced
4.0 acre disturbance. Based on the information provided, we have determined the submitted plan for grading
associated with the construction of 11- 6 bedroom buildings and a water quality wetland, if properly
implemented and responsibly maintained, should meet the intent and minimum requirements of the Act. We,
therefore, issue this LETTER OF APPROVAL.
In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted.
It established a performance oriented program with the objective of PREVENTING sediment damage to
adjoining properties and/or natural resources resulting from land disturbing activities through the use of
reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site
conditions, during the course of the project. AS THE DECLARED RESPONSIBLE PARTY YOUR
RESPONSIBILITY is to understand the Act and comply with the following minimum requirements of the
Act and the above listed modifications (if any):
-- an erosion and sedimentation control plan is only valid for 3 years
following the date of initial approval, if no land-disturbing activity has been
undertaken;
-- a copy of the LATEST APPROVED soil erosion and control plan must be on
file at the job site;
-- erosion and sediment control measures or devices were designed and are to
be installed to safely withstand the runoff resulting from a 10 year storm
event - 6.5 - 7 inches in 24 hours or 2.5 -3 inches in I hour
943 Washington Square Mail, Washington, North Carolina 27889 Telephone [phone], FAX [phone]
An Equal Opportunity Employer 50%recycled/10%post-consumer paper
Sapphire, LLC
ATTN: Mr. Ben Seal, Jr., Member/Manager
May 19, 2005
Page 3
contact this office to advise Allison Ward (252-946-6481, ext.3857) of the construction start-up date,
contractor and an on-site contact person OR, please, complete and return the attached Project Information
sheet to the above named.
The land-disturbing activity described in this plan may require approval or permitting from other
Federal, State or local agencies. These could include the U.S. Army Corps of Engineers under Article 404
jurisdiction, the Division of Water Quality - Surface Water Section under stormwater regulations, county, city
or town agencies under other local ordinances, or other approvals that may be required. This approval does not
supersede any other approval or permit.
Please be advised that all land disturbing activities affecting at least one acre will be required to have a
(federal) NPDES permit. Enclosed is the Construction Activities General Permit - NCGO10000 that for this
project. The responsibility for understanding and complying with this permit rests with you. Be aware that
failure to comply with this permit could result in both the State and Federal governments taking appropriate
legal action. Contact the Division of Water Quality - Surface Water Section at [phone] should you
have any questions regarding monitoring and record keeping requirements of the permit.
Sincerely,

Maria A. Rogerson, El
Assistant Regional Engineer
MAR: kf
Enclosure
w/o enc. cc: Mr. Linwood Stroud, P.E., Stroud Engineering
Mr. Ted Sampson, Division of Coastal Management
f •. i,1ici'a<J r. L'.a<lc ', .icte;vor
r`? ? \Y 11tt.ut Ci. hrn .lr., S?ci tt r
II yt::, 1, c rth car oliua D p t tn,ant , i ? i, :ro ? -t :nd \a1t rut B .c;i.r .s
K
L - Division of Wigie-i Quslity
June 30;2005
Mr. Ben Seal, Jr., Member lMtaneiger
Sapphire, LLC
5116 Lunar Drive
Kitty Hawk, NC 27949
Subject: Stormwater Permit No. SW7050303
Aaron Will Harbor
High Density Project
Care County
Dear Mr. Seal.
The Washington Regional Office received a complete Stormwater Management Permit
Application for Aaron Hill Harbor on June 27, 2005. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Permit No. StN7050303 dated June 30, 2005, for the construction of the subject project.
This permit shall be effective from the date of issuance until June 30, 2015, and shall be
subject to the conditions and limitations as specified therein. Please pay special
attention to the Operation and Maintenance requirements in this permit. Failure to
establish an adequate system for operation and maintenance of the stormwater
management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such dernands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Sco':t Vinsot or me at [phone].
Sincerely,
Al Hodge
Regional Supervisor
Surface Water Protection Section
AH/sav: 0-\STORNIWATER\PERVIIIT\SW7050303
cc: Linwood Stroud, PE
Dare County Building Inspections
Washington Regional Office Ulle
Central Files
North Carolina. Divkion. of Water Quahu, \`lashin ion R.gtonsl Oili-e Phn t (. 52; 94 648 i f 1? (2?2) 7'?-921 custum'r Sdn ic.;
!errel 'n2o,err sieie 00 '.g 943 Washington Squad M.,01. \\'os}tr ;, e t. \C 27,M 1-877-623-6748
"ermIT NO. ?VV I u0uau,:i
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
of
In accordance of na as ametided, and other applicable Laws, Rules, andeRegulations
Carolina
North
PERMISSION IS HEREBY GRANTED TO
Sapphire, LLC
Aaron Hill Harbor
Dare County
FOR THE
construction, operation and maintenance of an Extended Detention Wetland in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and specifications
and other supporting data as attached and on file with and approved by the Division of
Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until June 30, 2015, and shall be
subject to the following specified conditions and limitations:
1. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff hasbeen i handletheerun3 of offtfrom64,726 square feet tof
control designed to
impervious area.
3. The tract will be limited to the amount of built-upon area indicated on page 3 of
this permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common as recorded
required easements, plats for
will be recorded showing all
approved plans.
5. The runoff from all built-upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2 of 7
Permit No. SW7650303
6. The following design criteria have been provided in the wet detention pond and
must be maintained at design condition:
a. Drainage Area, acres: 2.86
b. Total Impervious Surfaces, ft2: 64,726
C. Design Storm, inches: 1.5
d. Wetland Forebay Depth, feet: 3.0
e. TSS removal efficiency: 85%
f. Permanent Pool Elevation, FMSL: 2.00
g. Permanent Pool Surface Area, ft2: 5,357
h. Permitted Storage Volume, ft3: 6,705
i. Temporary Storage Elevation, FMSL: 2.75
j. Controlling Orifice: 1" 0 pipe
k. Permitted Forebay Surface Area, ft2: 893
1. Receiving Stream/River Basin: Pamlico Sound / Pasquotank
M. Stream Index Number: 30-22
n. Classification of Water Body: "SA; HQW"
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built-upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in its
entirety and maintenance must occur at the scheduled intervals including, but not
limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
Page 3 of 7
State Stormwa?pr Management Systems
Permit No. SVV7050303
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
5. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other
supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
g. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
the
a. Any
etg.
ment measures, built-upon area, details, including
tormwater maag item
b. Project name change.
C. Transfer of ownership,
d. Redesign or addition to the approved amount of built-upon area or to the
drainage area,
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The for which Sedimentation and Erosion Control Plan approval or a MA
Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
11. A copy of the approved plans and specifications from the date of the complet onilofby
the permittee for a minimum of ten years
construction.
12. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
13. This permit shall be effective from the date of issuance until June 21, 2015.
permit and must be shall be d by the processing dfee, expiration
ilof this for permit renewal
date
p
Page 4 of 7
Permit No. SW7050303
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation from
the parties involved, and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and may or may not be
approved. The permittee is responsible for compliance with all permit conditions
until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
4. In the event that the 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 stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 30' day of June, 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
.. L. ?- V1
Alan W. KIimeK'; P.t., Uirector
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7
State Stormwa-r Management Systems
Permit No. SW7050303
Aaron Hill Harbor
Stormwater Permit No. SVV7050303
Dare County
Designer's Certification
1, , as a duly registered
in the State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
SEAL
Signature
Registration Number
Date
Page 6of7
Permit No. SW7050303
Certification Requirements:
1. The drainage area to.the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built-upon area.
3. All the built-upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11 , The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Regional Office
Dare County Building Inspections
Page 7 of 7
a STATE
a? pMr `^cd,a
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
July 6, 2005
Subject: Residential/Subdivision Driveway Permit
County: Dare
Mr. Linwood E. Stroud, P.E.
Stroud Engineering, P.A.
107 B Commerce Street
Greenville, N.C. 27858
Dear Mr. Stroud,
LYNDO TIPPETT
SECRETARY
Permit # 1972
Attached for your files is a copy of a Driveway Permit, which has been properly executed.
Please note any comments, which may appear on the reverse side of the permit form.
This permit covers the construction of a driveway entrance on NC 12 in DareCounty.
Yours very truly,
Gretchen A. Byrum, P.E.
District Engineer
)o yes alacl,
Roger Ward
Assistant District Engineer
GAB/rww
Attachments
1929 North Road Street, Elizabeth City, NC 27909 Phone: [phone]; Fax: [phone]
APPLICATION IDENTIFICATION N.C. DEPARTMENT OF TRANSPORTATION
Driveway

Permit No. (r Z
e of
=lication

STR
EET AND DRIVEWAY ACCESS ,
Count : DARE
PERMIT APPLICATION
Development Name: Aaron Hill Harbor
LOCATION OF PROP ERTY:.
Route/Road: NC Hwy. 12 F
Exact Distance 165 ? Miles N S E W
® Feet ® ? ? ?
From the Intersection of Route No. NC Hwy 12 and Route No. SR 1470 Toward Naas Head
Property Will Be Used For: ® Residential /Subdivision ? Commercial ? Educational Facilities ? TND ? Emergency Services ? Other
Property: ® is ? is not within Town of Salvo City Zoning Area
AGREEMENT
• I, the undersigned property owner, request access and permission to construct driveway(s) or street(s) on public right-
of-way at the above location.
• I agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance with the current "Policy on
Street and Driveway Access to North Carolina Highways" as adopted by the North Carolina Department of
Transportation.
• I agree that no signs or objects will be placed on or over the public right-of-way other than those approved by NCDOT.
• I agree that the driveway(s) or street(s) will be constructed as shown on the attached plans.
• I agree that that driveway(s) or street(s) as used in this agreement include any approach tapers, storage lanes or
speed change lanes as deemed necessary.
• I agree that if any future improvements to the roadway become necessary, the portion of driveway(s) or street(s)
located on public right-of-way will be considered the property of the North Carolina Department of Transportation, and
I will not be entitled to reimbursement or have any claim for present expenditures for driveway or street construction.
• I agree that this permit becomes void if construction of driveway(s) or street(s) is not completed within the time
specified by the "Policy on Street and Driveway Access to North Carolina Highways".
• I agree to pay a $50 construction inspection fee. Make checks payable to NCDOT. This fee will be reimbursed if
application is denied.
• I agree to construct and maintain the driveway(s) or street(s) in a safe manner so as not to interfere with or endanger
the public travel.
• I agree to provide during construction proper signs, signal lights, flaggers and other warning devices for the protection
of traffic in conformance with the current "Manual on Uniform Traffic Control Devices for Streets and Highways" and
Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the
District Engineer.
• i agree to indemnify and save harniiess the North Carolina Department of Transportation from all damages and claims
for damage that may arise by reason of this construction.
• I agree that the North Carolina Department of Transportation will assume no responsibility for any damages that may
be caused to such facilities, within the highway right-of-way limits, in carrying out its construction.
• I agree to provide a Performance and Indemnity Bond in the amount specified by the Division of Highways for any
construction proposed on the State Highway system.
• The granting of this permit is subject to the regulatory powers of the NC Department of Transportation as provided by
law and as set forth in the N.C. Policy on Driveways and shall not be construed as a contract access point.
• I AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND WHEN IT IS
COMPLETED.
2004-01 NOTE: Submit Four Copies of Application to Local District Engineer, N.C. Department of Transportation TEB 65-04rev.
61-03419
SIGNATURES OF APPLICANT
PROPERTY OWNER (APPLICANT)
?co a WITNESS
,- L
Ben Seal 4r. Manager NAME
COMPANY Sapphire, L.L
..CC. -
?
,
SIGNATURE -?J-?-?^ SIGNATURE
ADDRESS 5116 Lunar Drive ADDRESS F ZZ-z o ?Gr c+
Kitty Hawk, NC 27949 hone No. (252) 255- 1 ?J C Z7 1 4
1248
AUTHORIZED AGENT n p WITNES
COMPANY Stroud En ineerin , PA NAME `? J ?0 L' J
SIGNATURE PE SIGNATURE y
ADDRESS 107B Com rce St. ADDRESS ?J 2 - (, n r, cs f
Greenville, NC 27858 Phone No. 93552)756- r- I ^, `7

APPROVALS%
APPLICATION RECEIVED BY DISTRICT ENGINEER
SIGNATURE DATE
APPLICATION APPROVED BY LOCAL GOVERNMENTAL AUTHORITY (when required)
SIGNATURE TITLE DATE
APPLICATION APPROVED BY DISTRICT ENGINEER
5
-F? 1?6,d GvI -7 7In e7.5
SIGNATURE DAT
INSPECTION BY NCDOT
SIGNATURE TITLE DATE