HomeMy WebLinkAbout20090514 Ver 1_401 Application_20090509
c/o Municipal Engineering Services Company, P.A.
TO NCDENR -401 OVERSIGHT /EXPRESS UNIT
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
WE ARE SENDING YOU X Attached _ Under separate cover via _
- Shop Drawings Prints X Plans
- Copy of letter Change Order X Other: _
11EVVIn] ?I ?Ln]M931LI1lO?L",?
09-05 1 4
DATE 5/4/09 PROJECT NO.
M08003
ATTENTION
Plan Review and Permit Section
RE Ashley Place Subdivision 3, Carteret County, NC
401 Water Quality Certification Request
.. AL I -AM
the following items:
Samples Specifications
ITEM COPIES DATE DESCRIPTION Ls u w4 nn
1"I M
1 5 4/30/09 PCN Form with USGS Topographic Map and Aerial Plan UU
UU
2 5 4/30/09 MAY 200
Sketches for home layouts lots; 11, 12, 14,15,22 and 25 9
3 5 5/26/05 Wetlands Map, ES&C permit and State Stormwater Application DENR-WATER QUALITY
4 5 5/1/09 Construction Plan Sets (10 sheets each)
5 1 4/30/09 Permit Fee of $240, by Bob Hill Enterprises Inc. BB&T Check No: 223660
6 1 5/4/09 Cover Letter by Michelle Benton, MESCO
THESE ARE TRANSMITTED as checked below:
X For approval - Approved as submitted Resubmit copies for approval
x For your use - Approved as noted Submit copies for distribution
_ As requested Returned for corrections Return corrected prints
For review and comment Other:
REMARKS
Also submitted 2 copies to Mickey Sugg - USACE
COPY(S) TO:
SIGNED:
Municipal Engineering
Services f Company, P.A.
Garner, N.C. f Boone, N.C.
Morehead City, N.C.
PO Box 828• Morehead City, NC 28557
Ph: (252) 726-9481 Fax: (252) 222-0776
r
09-05 1 4
OPERATIOWCONSTRUCTION QA/QC
Municipal
Services
May 4, 2009
US Army Corps of Engineers
Attn: Mr. Mickey Sugg - Project Manager
69 Darlington Avenue
Wilmington, NC 28403-1343
401 Oversight Express Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: 401/404 Permitting
Cypress Village Subdivision
Masontown Road SR 1127
Newport, NC 28570
To Whom It May Concern:
Enclosed are the construction plans for the proposed construction of a 33 lot ( 1 is open space) realty
subdivision in Annexed lands of the Town of Newport, Carteret County, in the White Oak River Basin. The
required construction proposes to permanently impact 0.36 acres of 404 jurisdictional wetlands for the
construction of the roadway within the subdivision. We are hereby requesting permitting through the
USACE under Nationwide permit number 29 and the Non-404 jurisdictional General Water Quality
Certification Number 3705.
The subdivision was designed with the greatest care to protect the waters of the US. Significant design
modifications were made to protect the waters and improve the water quality of the stormwater discharges
generated from the development. The Town ordinances required curb and gutter road sections which
would result in the construction of 26 foot widths of paved roadway and gutter. Stormwater management
would then be facilitated by a "Curb and Gutter' outlet system. The curb and gutter outlet systems simply
dumps untreated stormwater from the roadway directly into the roadside drainage channels which typically
are vegetated and quite frankly erode and generally do not treat the stormwater to any degree. This type
of development meets the state standards however the overall quality of the waters is not truly protected
nor is the stormwater actually treated. The curb and gutter systems also provide no protection or storage
of floodwaters or flash floods which further erodes the roadside and receiving drainage systems.
We worked extensively (5 months) with the Town of Newport in regards to implementing true Low Impact
Development Methodologies which have been proven to prevent erosion and provide long term
improvements in water quality due to the use of smaller footprints of impervious areas, use of roadside
ditches versus direct discharge to wetlands and other water bodies and the provisions of peak attenuation
and storage of flood waters on site allowing for recharge to the wetlands and groundwater systems. The
Town modified their subdivision ordnances to allow for the use of roadside ditches versus the required
curb and gutter sections and they allowed a reduction in the travel lane width of the roadways, and allowed
sidewalks on just one side of the roadways to limit the amount of impervious areas.
The final design also aligned the new roads with the existing overhead power easement through the
project, the roadways are 20 foot paved roads with roadside ditches which typically fill and then discharge
to the wetlands or simply store the stormwater until it is infiltrated into the groundwater, there is no actual
point discharge from the site the existing ditch system was utilized as much as possible. The existing
CIVIUSANITARY ENGINEERS
Engineering
Company, P.A.
Q?c??oe??
MAY 0 5 2009
DENR - WATER QUAUTY
WETLANDS AND STORIIIMMl7181i WAO
PO Box 97, Garner, North Carolina 27529 (919) 772-5393
PO Box 828, Morehead City, NC 28557 (252) 726-9481 PO Box 349, Boone, NC 28607 (828) 262-1767
drainage ditch system does not outlet from the site as the system was filled in by development
downstream of the project area.
As described above significant design modifications were already performed to protect and mitigate
impacts to the waters of the state. The proposed design provides treatment of the stormwater well above
the required levels and forces groundwater and surface water recharging on site. The utilities were also
designed to protect the wetlands as we proposed the use of small diameter, low pressure collection
system versus gravity collection systems which disturb more land cover and are deeper with allowable
infiltration into the joints which ultimately drains wetlands within the site.
We appreciate your review and approval of the proposed subdivision; please contact the undersigned
should you have any questions or concerns.
Sincerely,
MUNICIPAL ENGINEERING SERVICES COMPANY, P.A.
Michel a L. Benton, NCPE # 22670
1 cc: file
0 -0-)14
z -
o?pF W ATERpG
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PC Form
A. Applicant Information
1. Processing
1 a . Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit _
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
® Yes ? No For the record only for Corps Permit:
? Yes N No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Ashley Place 3
2b. County: Carterett
2c. Nearest municipality / town: Town of Newport
2d. Subdivision name: Ashley Place 3
2e. NCDOT only, T.I.P. or state
project no: NA
3. Owner Information
3a. Name(s) on Recorded Deed: Bob Hill Enterprises, Inc
3b. Deed Book and Page No. 1053 p 232, and 106 p 152
3c. Responsible Party (for LLC if
applicable): D?
3d. Street address: 1301 E Main Street MAY
3e.
City, state, zip:
Havelock, NC 28532 2uuy
3f. Telephone no.: 252-447-3117 gq QUAti} y
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Michelle L. Benton, PE
5b. Business name
(if applicable): Municipal Engineering Services Company, PA
5c. Street address: 312 Commerce Avenue
5d. City, state, zip: Morehead City, NC 28557
5e. Telephone no.: 252-726-9481
5f. Fax no.: 252-222-0776
5g. Email address: mbenton@mesco.com
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 633808895400000,633808898925000,63380889831500
1b. Site coordinates (in decimal degrees): Latitude: 34.80000 Longitude: - 76.8721
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 30.50 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Unnamed Tributary to Newport River
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: White Oak River
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The Northern portion of the site was rough graded (bare) approximately 3 years ago for a minor subdivision which was
never completed. CP&L high voltage transmission line runs through the site and a very rough roadway is maintained
beneth the overhead lines, to limit impacts to the site, our new road was designed to match the existing power line and
maintanence road. The original property was farmland whereby draingae ditches were constructed, which use to cross
highway 70 towards the shoe branch creek however once Hwy 70 was built and an adjoning subdivision along with some
commercial land on Hwy 70 the ditch outlet was blocked and filled in therefore the existing ditch system does not drain. It
retains water until it infiltrates. The rest of the site is mostly wetlands and pine forest (8"-15" dia). Part of the drainge on
site draws towards the Railroad running along the Eastern boundary of the site whereby an undersized culvert exist, the
surface water builds agains the RR embankment then slowly releases thru the 18" culvert.
3b. List the total estimated acreage of all existing wetlands on the property:
15.25
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
None present
3d. Explain the purpose of the proposed project:
Realty Subdivion and extension of large diameter water line North to Masontown road to eventualy tie to Chatham Street
creating a large loop sytem in the Town Water system providing needed fire flow and required system improvments.
3e. Describe the overall project in detail, including the type of equipment to be used:
A 33 lot realty subdivision (1 lot open space) is proposed along with the extension of two existing roads for a total of
approximately 2200 If. The topography of the land is such that a ridge running roughly along the power easment
generally splits the surface water runoff in an East/West direction. The new road was designed to match the existing
CP&L easment thereby reducing the impacts to the wetlands. Since the drainage to the West is blocked by the existing
ditch being filled in and since the drainage to the East is restricted by an undersized half plugged culvert under the
Railroad tracts the subdision was designed with roadside ditches. The ditch system serves as detention facilities and all
of the ditches either dump into wetlands after an extensive amount of tranfer through the vegetative ditches and swales or
simply store the stormwater until it infiltrates. The main road Foxhall Drive was designed as a fill section to also limit
impacts to the movement of groundwater through the site. Two large culverts are proposed to be placed in the existing
dicth at the point of crossing of the new improved roadway, they simply serve to allow a balance of the floodwater in the
ditch system creating a hydralic connection across the existing ridge. Normal mechanized equipment will be used to
clear the roadways (about 80% clear now) and finish the construction.
Page 3 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
El Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Avolis Engineering
Name (if known): Other: Robert M. Chiles Surveyor
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5/26/05
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Town Preliminary plat-8 lot subdivision along with Erosion and Sediment Control plan about 3 years ago
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ? Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ®P ? T FILL PINE FLAT ® Yes
? No ® Corps
? DWQ 0.36
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments: THE WETLAND IS SITUATED IN AN EXISTING POWER LINE EASEMENT
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent
DWQ -non-404
width
ar
fle
Temporary (T) (INT)? ,
other) (feet) e
)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form -Version 1.3 December 10, 2008 Version
F 1
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed,
5a. 5b.
Pond ID
number
Proposed use or purpose
of pond
5d. 5e.
Stream Impacts (feet) Upland
Flooded Filled Excavated I Flooded I Filled I Excavated I Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts re uire mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number- Reason
Permanent (P) or for
Temporary (T) impact
B1 ?P?T
B2 ?P?T
B3 ?P?T
6i. Comments:
then complete the chart below.
5c.
Wetland Impacts (acres)
Buffer
Stream name mitigation
required?
? Yes
? No
? Yes
? No
? Yes
? No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
? Neuse ? Tar-Pamlico ? Other:
? Catawba ? Randleman
6e. 6f. 6g.
Page 6 of 11
PCN Form -Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to jurisdictional wetlands associated with Ashley Place 3 have been avoided and minimized to the greatest extent
possible. We worked with the Town of Newport to educate them in regards to the theroy of Low Impact Development Design
methodologies such as road designs using ditches versus curb and gutter systems, al lowing grassed shoulders versus paved
shoulders and reducing the required pavement widths and the requirements for sidewalks on both sides of proposed roads.
The Town took four months to rewrite the Town's ordiances to allow ditches and other water quality and protective measures.
The subdivision was designed to match the existing maintenance roads and previoulsy graded areas. The ditches are
basically flat therefore they will actually treat the stormwater before discharging to wetlands and the site was not designed to
drain therefore assuring recharge to the wetlands and groundwater system.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The homesites are developable without impacts to wetlands and the plans include the use of a double row of silt fencing and a
minimum of T of clearance from the fencing to the proposed homes as shown on preliminary layouts on the more restrictive
sites. Erosion control measures will be implemented throughout construction in order to avoid degradation of wetlands areas.
All work in wetlands will be conduted from construction matting to minimize impacts to wetlands. Staging areas and material
stockpiles will be placed in upland areas. Due to the shallow ground water system and extensive amout of wetlands the
sanitary sewer system was designed as a Low pressure small diameter collection system versus a deep gravity collection
system. Small diameter force mains assure no leakage of the groundwater into the sewer as allowed in gravity systems. The
shallow force mains limit the amount and depth of construction and temporary impacts to wetlands and hydrologic movement
of groundwater and errosion and required clearing of surface vegetation.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ® Yes ? No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps
® Mitigation bank
2c. If yes, which mitigation option will be used for this
project?
El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Hoffman Forest Wetland Mitigation Bank
3b. Credits Purchased (attach receipt and letter) Type Quantity 0.36
3c. Comments: Mitigation credits have not been purchased however we have received confirmation from the mitigation bank
that mitigation credits are avaliable.
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8of11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 24%
2b. Does this project require a Stormwater Management Plan? ® Yes .. ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The proposed subdivision was designed to exceed the Low Denisty requirements for the coastal stormwater rules
effective October 1, 2008. Under this option we would be allowed to install curb and gutter systems which would directly
discharge to the wetlands with no treatment of the stormwater just disapation of velocity based on a 10 year frequency
storm, therefore flows above the design storm would errod and impact the wetlands. In stead we provided vegetative
ditches at flat slopes to actually store and treat all runoff. We also did not design an outlet from the ditch system therefore
we establish a system of detention to additionally treat the stormwater and allow for recharge of the groundwater and
surface systems. The states stormwater permiting for Low Denisty requirements mandate a limited maximum amout of
impervious area per lot. A home owner's association (HOA) will provide the maintenance of the stormwater management
system. The HOA charter includes deed restrictions and covenants that state the maximum built upon area for each lot in
the subdivision.
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Town of Newport / No local
program
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
® Coastal counties
4a. Which of the following state-implemented stormwater management programs apply ?
HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ® No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Public Sewer sytem for the Town of Newport
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
http://www.swaw.usace.army.miI/WETLANDS/esa
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
there are no surface water bodies or discharges from the site.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
http://hpo.dcr. state. nc. us
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? http://ncfloodmaps.com; NCFIRM Map 3720633800J
l
Applicant/Agent's Printed Name Applicant/Agent's Slgna a Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form -Version 1.3 December 10, 2008 Version
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North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
April 21, 2009
LETTER OF APPROVAL VMB MODIFICATIONS
RESERVATIONS
i
Bob Hill Emerprisas; Inc.
ATTN: Mr. Robert Hill, Sr.
1301 Main St
Havelock, NC 28532
RE:
Subd' ? ? 3
RECErVSO
APR'9 4 2409
Municipal Ettpineatlttp Swvloea
Company, PA
Project Name: Ashley Place ivrs?oa
Project ID: CARTE-2009-034 Acres Approved: 4.6
County: Carteret, Foxhall Rd., Newport
River Basin: White Oak Stream Classification- HQW
Submitted By: Michelle L. Benton, PE, Municipal Engineering Services Co., P.A.
Date Received by LQS: April 1, 2009
Plan Type: New '
Dear Mr. Hill:
This office has reviewed the subject erosion and sedimentation control plan and hemby issues this
Letter of Approval with Modifiestions and Performance Reservations. A list of the modifications
and reservations is attached. This plan approval shall expire three (3) years following the date of
approval, if no land-disturbing activity has been undertaken, as is required by Title 15A NCAC 4B
.0129. Should the plan not perform adequately; a revised plan will be required (G.S. 113A-54.1)(b).
Please be advised that Title 15A NCAC 4B .01 ? 8(a) requires that a copy of the approved erosion
control plan be on file at the job site. Also, yoti should consider this letter to give the Notice
required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the
approved plan.
North Carolina's Sedimentation Pollution Control Program is perforrasace-oriented, requiring
protection of existing natural resources and adjoining properties. If. following the commencement
of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet
the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General
Statute 113A-51 thru 66), this office may require revisions to the plan and implementation of the
revisions to insure compliance with the Act.
YY*Wgi n Regbnet Ohre
127 Ca*w Drin atowion. VlNnr' tgton. Nord ('iw*m 280 Phm;(910) 79&72151 Fax (910) 35&2ttt14
Letter of Approval with Modifications and Performance Reservations
Project: Ashley Place Subdivision 3
April 21, 2009
Page 2 of 3
Acceptance and approval of this plan is conditioned upon your compliance with federal and state
water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may
also apply to this land-disturbing activity. This approval does not supersede any other permir or
approval.
Please be aware that your project will be covered by the enclosed NPDES General Stormwater
Permit NCGO10000 (Construction Activities). You should first become familiar with all of the
requirements for compliance with the enclosedlgeneral permit.
.tha.. --• -
,note. fbal ll =MmkLj.hwod in pstt oLhr,.accuracY.of.QmAnformatiw provided-in
Financial Responsibility Form, which you havI provided. You are requested to file an amended
form if there is any change in the information cluded on the form. In addition, it would be helpful
if you notify this office of the proposed starting date for this project. Please notify us if you plan to
have a preconstruetion conference.
Your cooperation is appreciated.
Sincerely,
Daniel Sams, PE
Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Modifications and Performance Reservations
NPDES Permit
cc: Michelle Benton, Municipal Engineering Services Co., P.A.
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by the
Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.)
Part A.
1. Project Name Ashley Place Subdivision 3
2. Location of land-disturbing activity: County Carteret City or Township Newport
Highway/Street Foxhall Road Latitude 34.8000° Longitude -76.8721 °
3. Approximate date land-disturbing activity will commence: May 2009
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Residential
5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 4.59
6. Amount of fee enclosed: $ 325.00 . The application fee of $65.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $585).
7. Has an erosion and sediment control plan been filed? Yes No Enclosed X
8. Person to contact should erosion and sediment control issues arise during land-disturbing activity:
Name Robert Hill, Sr. E-mail Address
Telephone 252-447-3117 Cell # 252-514-7117 Fax # 252-447-3165
9. Landowner(s) of Record (attach accompanied page to list additional owners):
Bob Hill Enterprises. Inc. 252-447-3117 252-447-3165
Name Telephone Fax Number.
1301 E Main Street same
Current Mailing Address Current Street Address
Havelock NC 28532
City State Zip City State Zip
10. Deed Book & Page No. DB/P 1053/232, DB/P 1061/152 Provide a copy of the most current deed.
Part B.
1. Person(s) or firm(s) who are financially responsible for the land-disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet):
Bob Hill Enterprises Inc.
Name E-mail Address
1301 E Main Street same
Current Mailing Address Current Street Address
Havelock NC 28532
City State Zip City State Zip
Telephone 252-447-3117 Fax Number 252-447-3165
2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
Name
Current Mailing Address
E-mail Address
Current Street Address
City State Zip
Telephone,
City State Zip
Fax Number
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
Name of Registered Agent
Current Mailing Address
E-mail Address
Current Street Address
City State Zip City State Zip
Telephone Fax Number
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there be any change in the information provided herein.
Robert Hill, Sr. Owner
Type or print name Title or Authority
Signature
Date
a Notary Public of the County of -?la
State of North Carolina, hereby certify that Lcr y ?4i /1 ? - appeared
personally before me this day and being duly sworn acknowl6dged that the above form was
executed by him.
Witness my hand and notarial seal, this ?_"" day of I /(; h 20
E(;O
w County, f_ rJ
n Expire
s Ida}:
Y commission expires ?ji
c/o Municipal Engineering Services Company, P.A.
TO NCDENR - Wilminaton Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
WE ARE SENDING YOU X Attached _ Under separate cover via
Shop Drawings Prints X Plans
Copy of letter Change Order X Other: _
Samples
the following items:
_ Specifications
ITEM COPIES DATE DESCRIPTION
1 1 3/26/09 Cover Letter
2 2 3/26/09 Original and one copy of stormwater management permit application form
3 1 NA Processing fee of $505:00 payable to NCDENR ( BB&T Check No. 223574)
4 2 3/26U09 Original and one copy of low density residential subdivisions deed restrictions & conveniences
5 2 3/26/09 Original low density supplement form
6 1 5/26/05 Signed wetlands delineation survey by Robert M Chiles & Mickey Sugg
7 1 3/26/09 Original grassed swale O & M agreement
8 2 3/26/09 Original grassed Swale supplement and checklist
9 1 NA Site deeds
10 1 NA Applicant's Corporation Certification
2 3/26/09 Original and 1 copy of plans ( 12 sheets) - includes calculations and narrative
1 11 ! JNL- 11\!'UV'7IVI1 I I Cu CJ ujtn rt--U uufuw.
X For approval
- For your use
- As requested
For review and comment
_ Approved as submitted
_ Approved as noted
Returned for corrections
Other:
Resubmit copies for approval
Submit copies for distribution
Return corrected prints
KtMAKKS
Simultaneous submittal with Erosion and Sediment Control permit application.
Municipal Engineering
Services ?/- Company, P.A.
Garner, N.C. Boone, N.C.
Morehead City, N.C.
PO Box 828 Morehead City, NC 28557
Ph: (252) 726=9481 Fax: (252) 222-0776
Lr
DATE 3/26/09 PROJECT NO.
M08003
ATTENTION
Rick Shiver - Stormwater Review
RE Ashley Place 3 - Realty Subdivision
Stormwater Management Permit Application
- Low Density Subdivision -
COPY(S) TO
Dt1WQ USE OTvtiY
Date Received Fee Paid Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
1. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Bob Hill Enterprises, Inc.
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Robert Hill, Sr. - President / Owner
3. Mailing Address for person listed in item 2 above:
1301 E Main Street
City:Havelock State:NC Zip:28532
Phone: L252 ) 447-3117 Fax: (252 ) 447-3165
Email:
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Ashley Place Subdivision 3
5. Location of Project (street address):
Acreage between FoxHall Rd. and Cannon Blvd
City:Newport County:Carteret Zip:28570
6. Directions to project (from nearest major intersection):
The proposed subdivision entrance is 1190' east of the intersection of US Hwy 70 and Cannon Blvd in the
town of Newport.
7. Latitude:34° 48' 00" N Longitude:-76° 52'13" W of project
8. Contact person who can answer questions about the project
Name:Michelle L. Benton Telephone Number: (252 ) 726-9481
Email:mbenton@mesco.com
II. PERMIT INFORMATION:
Form SW-101 Version 09.25.08 Page 1 of 4
1. Specify whether project is (check one): ®New ?Renewal ?Modification
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
®Low Density ?High Density ?Redevelop ?General Permit ?Universal SNIP ?Other
4. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
?CAMA Major ®Sedimentation/Erosion Control ®404/401 Permit ?NPDES Industrial Stormwater
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Stormwater management by use of Low Impact Development methodologies including no curb & gutter
and vegetative conveyances through the use of roadside ditches and yard swales.
2. Stormwater runoff from this project drains to the White Oak River basin.
3. Total Property Area: 30.50 acres 4. Total Coastal Wetlands Area: 0 acres
5. Total Property Area (3) - Total Coastal Wetlan ds Area (4) = Total Project Area**:30.50 acres
6. (Total Impervious Area / Total Project Area) X 100 = Project Built Upon Area (BUA):24 %
7. How many drainage areas does the project have?l
8
Basra Ifouii, than }=)r ?iTia?;?Area 1 - I )rai1? age Area:
Receiving Stream Name Newport River
Stream Class & Index No. "C", 21- (1)
Total Drainage Area (sf) 1,328,580
On-site Drainage Area (sf) 1,328,580
Off-site Drainage Area (sf) 0
Existing Impervious* Area (sf) 0
Proposed Impervious*Area (sf) 318,865
% Impervious* Area (total) 24.00
„Irnp'eivic?i?? ?urtace Area Iharndr .??i?a l Uraina-ge :Gra
w
On-site Buildings (sf) 259,446
On-site Streets (sf) 50,092
On-site Parking (sf) 0
On-site Sidewalks (sf) 9,327
Other on-site (sf) 0
Off-site (sf) 0
Total (sf): 318,865
impetuous area is aepnea as the buitt upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 09.25.08 Page 2 of 4
Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
For high density projects, complete the table with one drainage area for each engineered stormwater device.
**Total project area shall be calculated to exclude Coastal Wetlands from use when calculating the built upon area
percentage calculation. This is the area used to calculate overall percent project built upon area (BLIA).
9. How was the, off-site impervious area listed above derived?By use of computer aided drafting software.
Projects in Union County: Contact the DWQ Central Office staff to check to see if you project is located
within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater
requirements.
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
One of the following property restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment.
Forms can be downloaded from http://h2o.enr-.state.nc.us/su/bmi2 forms.htm - deed restrictions.
Form DRPC-1 High Density Commercial Subdivisions
Form DRPC-2 High Density Developments with Outparcels
Form DRPC-3 High Density Residential Subdivisions
Form DRPC-4 Low Density Commercial Subdivisions
Form DRPC-5 Low Density Residential Subdivisions
Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets
By your signature below, you certify that the recorded property restrictions and protective covenants for this
project shall include all the applicable items required in the above form, that the covenants will be binding
on all parties and persons claiming under them, that they will run with the land, that the required covenants
cannot be changed or deleted without concurrence from the NC DWQ and that they will be recorded prior to
the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater Permitting Unit at (919) 807-6300 for the status and
availability of these forms. Forms can be downloaded from h=://h2o.enr.state.nc.us/su/bW forms.htm.
Form SW401-Low Density
Form SW401-Curb Outlet System
Form SW401-Off-Site System
Form SW401-Wet Detention Basin
Form SW401-Infiltration Basin
Form SW401-Infiltration Trench
Form SW401-Bioretention Cell
Form SW401-Level Spreader
Form SW401-Wetland
Form SW401-Grassed Swale
Form SW401-Sand Filter
Form SW401-Permeable Pavement
Form SW401-Cistern
Low Density Supplement
Curb Outlet System Supplement
Off-Site System Supplement
Wet Detention Basin Supplement
Infiltration Basin Supplement
Underground Infiltration Trench Supplement
Bioretention Cell Supplement
Level Spreader/Filter Strip/Restored Riparian Buffer Supplement
Constructed Wetland Supplement
Grassed Swale Supplement
Sand Filter Supplement
Permeable Pavement Supplement
Cistern Supplement
Form SW-101 Version 09.25.08 Page 3 of 4
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the
interactive online map at hqp://h-o.enr.state.nc.us/su/msi maps.htm)
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.-,
Initi• Original and one copy of the Stormwater Management Permit Application Form
• Original and one copy of the Deed Restrictions & Protective Covenants Form (if
required as per Part IV above) _'I
• Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP /"I
• Permit application processing fee of $505 (Express: $4,000 for HD, $2,000 for LD)
payable to NCDENR
• Calculations & detailed narrative description of stormwater treatment/ management
• Copy of any applicable soils report
• Two copies of plans and specifications (sealed, signed & dated), including:
- Development/ Project name
- Engineer and firm
-Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/ project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf (such as additional information requests), please complete this section. (ex. designing engineer or firm)
Designated agent (individual or firm):Municipal Engineering Services Companv, P.A.
Mailing Address:312 Commerce Avenue, Suite F
City:Morehead City State:NC Zip:28557
Phone: (252 } 726-9481 Fax: (252 ) 222-0776
Email:mbentoTi@mesco.com
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) Robert Hill, Sr.
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .10001 A
Signature:
Date: 96 - fly
Form SWU-101 Version 09.25.08' Page 4 of 4
The following covenants are intended to ensure ongoing compliance with State Stormwater
M a n a g e m e n t P e r m i t Number , as issued by the Division of Water Quality under
NCAC 2H. 9000.
The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
These covenants are to run with the land and be binding on all persons and parties claiming
under them.
The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water Quality.
Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality. *AL OTMENT VARIES - SEE ATTACHED TABLE
The maximum allowable built-upon area per lot is quare feet. This allotted amount
includes any built-upon area constructed within the 1 prope boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but
is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does
not include raised, open wood decking, or the water surface of swimming pools.
In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built-upon area for that lot than is shown herein, the
governing maximum built-upon area for that lot shall be the most restrictive of the two.
Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings is strictly prohibited by any persons.
Each lot will maintain a 30 foot wide vegetated buffer between all impervious areas and surface
waters.
All roof drains shall termi ast foot from the mean high watermark of surface waters.
Signature: w Date:'-31 2 L _ 0
j
In accordance with Title 15 NCAC 2H.1000, the Stormwater Management Regulations, deed restrictions
and protective covenants are required for Low Density Residential Subdivisions where lots will be
subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the
development maintains a "built-upon" area consistent with the applicable regulation governing the density
level.
I, ROBERT HILL, SR. acknowledge and affirm by my signature below, that I will cause the
following deed restrictions and protective covenants to be recorded for ASHLEY PLACE SUBDIVISION 3
prior to the sale of any lot:
2.
3.
4.
5.
6.
7.
8.
9.
10
a Notary Public in the
State of C1rA_41 1n4zlz2 County of 019,')l6w
do hereby certify that r J- ZL Z/ personally appeared
before me this the Q? day of 1)7,6 r l7 , 20-09, and acknowledge
the due
SEAL
nature
Low Density Residential Subdivisions
Deed Restrictions & Protective Covenances
n of the foregoing instrument. Witness my hand and official seal,
Tanya J. Hoffa
Notary Public
Onslow County, NC
My Commission Expires May 10, 2011
Commission expires"
Form DRPC-5 Rev.I Page 1 of 1
i
ASHLEY PLACE 3
IMPERVIOUS AREA (MAX BUA) ALLOTMENT
LOT LOT AREA IMPERVIOUS AREA
NUMBER SQUARE FEET ACRES SQUARE FEET ACRES
R.O.W. 117,705 2.70
ROAD N/A 50,092 1.15
SIDEWALK N/A 9,327 0.21
1 17,746 0.41 8,885 0.20
2- 28,105 0.65 8,885 0.20
3 40,373 0.93 8,885 0.20
4 91,303 2.10 8,885 0.20
5 43,067 0.99 8,885 0.20
6 42,994 0.99 8,885 0.20
7 34,068 0.78 7,862 0.18
.8 17,720 0.41 7,862 0.18
9 22,735 0.52 7,862 0.18
10 15,435 0.35 7,862 0.18
11 29,372 0.67 5,200 0.12
12 114,572 3.06 5,200 0.12
13 57,580 1.32 7,862 0.18
14 55,016 1.26 5,200 0.12
15 49,587 1.14 2,700 0.06
16 42,588 0.98 7,862 0.18
17 35,544 0.82 7,862 0.18
18 43,379 1.00 8,885 0.20
19 15,024 0.34 7,862 0.18
20 15,385 0.35 7,862 0.18
21 15,780 0.36 7,862 0.18
22 35,610 0.82 7,862 0.18
23 31,180 0.72 7,862 0.18
24 15,096 0.35 7,862 0.18
25 22,709 0.52 7,862 0.18
26 147,567 3.39 8,885 0.20
27 17,902 0.41 8,885 0.20
28 17,902 0.41 8,885 0.20
29 17,897 0.41 8,885 0.20
30 17,889 0.41 8,885 0.20
31 17,881 0.41 8,885 0.20
32 17,872 0.41 8,885 0.20
33 17,799 0.41 8,885 0.20
TOTAL 1,328,580 30.50 318,865 7.32
*MAX BUA = MAXIMUM (ALLOWABLE) BUILT UPON AREA
TABLE BY: MUNICIPAL ENGINEERING SERVICES COMPANY, P.A.
MARCH 26, 2009