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HomeMy WebLinkAbout20061825 Ver 1_COMPLETE FILE_20061121QF \14 A7F9 Olk Michael F. Easley, Governor ? p William G. Ross Jr., Secretary tom- North Carolina Department of Environment and Natural Resources -? Alan W. Klimek, P.E. Director Division of Water Quality January 16, 2007 DWQ Project # 20061829 Onslow County g JAN 1 7 7007 Hurst Law Properties, LLC c/o Basil Hurst PO Box 1371 r'FT Lumberton, NC 28359 Subject Property: Quail Roost Subdivision Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Hurst: You have our approval, in accordance with the attached conditions and those listed below, to place fill within 0.3439 acres of wetlands (0.1884 acres of permanent impacts and 0.1555 acres of temporary impacts) and 145 linear feet of streams (62 feet of permanent impacts to steams and 83 feet of temporary impacts to streams) for the purpose of constructing a residential subdivision at the subject property, as described within your application dated September 26, 2006 and received by the N.C. Division of Water Quality (DWQ) Wilmington Regional Office on November 29, 2006, and additional information received on December 13, 2006. After reviewing your application, it has been determined that the impacts are covered by General Water Quality Certification Number 3402 (GC3402). The Certification allows you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service 1 -877-623-6748 One Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: www.ncwateEguali!y.org NorthCaro/l/ina An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper AatCarofin Page Two Hurst Law Properties, LLC c/o Basil Hurst DWQ Project # 061829 January 16, 2007 Amount Approved (Units) Plan Location or Reference Stream 62 feet S/D Plan impact #1 Permanent Stream 83 feet S/D Plan impact # 2, 3, 4 & 5 Temporary 404 Wetlands/Permanent 0.1884 (acres) S/D Plan impact 1& 2 404 Wetlands/temporary 0.1555(acres) S/D Plan impacts IA, 2A, 3, 4,5&6 Buffers N/A (square ft.) 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and`sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 4k T.e Page Three Hurst Law Properties, LLC c/o Basil Hurst DWQ Project # 061829 January 16, 2007 5. Construction Stormwater Permit NCGO 10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.us/su/Forms Documents.htm. 6. Wetland Boundary Identification The wetland boundary must be clearly identified on all lots that have jurisdictional wetlands present as depicted on the jurisdictional determination map approved by the US Army Corps. of Engineers. The wetland boundary identification (flagging, fencing, etc.) must be maintained on each lot until the lot is sold. 7. Temporary Wetland Impacts All temporarily impacted stream/wetlands must be restored to original grade and elevation. Annual native species suitable for wet locations shall be planted and established within jurisdictional wetlands for soil and erosion control. Perennials such as fescue are prohibited. 8. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or.civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. r Page Four ems, Hurst Law Properties, LLC c/o Basil Hurst DWQ Project # 061829 January 16, 2007 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-796-7215. Sincerel Alan W. Klimek, P.E. Enclosures: GC 3402 Certificate of Completion cc: Ginger Turner - Stroud Engineering. Ian McMillian - 401 Oversight/Express Review Permitting Unit Brad Shaver - USACE Wilmington Regulatory Field Office Stephen Rynas - DCM Morehead City Central Files WiRO NORTH CAROLINA ONSLOW COUNTY z. ; DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS QUAIL ROOST HOMEOWNERS ASSOCIA THIS DECLARATION OF COVENANTS, Ci is entered into this day of (Hereinafter "Declarant"), and Quail Roost Vom "Association") and all parties hereafter acquiring WITNESSETH: WHEREAS, Declarant is the owithi Onslow, State of North Carolina, Zr known Q parcel of land more particularly descri be a 50, Page 93, Onslow Cam, .. istar of D ; and 100', between Hu aw Group rers sociation, Inc., reinaftei f 'ORNeribed. prop y. a tip in the County of %subW' t , and)Fing that certain tract or Obw recorded in Book of Maps WHEREAS, it is. i best i st of the D larant and to the benefit, interest and NOW THE RE, in sideration of the premises, the Declarant agrees with all C parties hereafte irin ity of the property hereinafter described, that it shall be an hereby subject to t wing restrictions, covenants, conditions, easements, assessments and lien elating to the use and occupancy thereof which shall be constru advantage of evep ere_ acquiring arlipt the described property that certain covenants, conditions, e e ent ens and restrictions governing and regulating occu o rty be established; and WHE AS, Declar sires odde for the preservation of the values and am nd the desira v and ctiveness of said property; and for the continued maintena nd operatic ': any creational and/ or common area. d is ed as covenants running with the land which shall be binding on all parties acquiring any right, title or interest in any of the properties and which shall inure to the benefit of each owner thereof. ARTICLE I PROPERTIES SUBJECT TO THIS DECLARATION The property which shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the County of Onslow, North Carolina, and is more particularly described as being all of that property shown on map and survey recorded in Book of Maps 50, Page 93, Onslow County Registry, plus all the utility and access easements as shown on the aforesaid map. The Declarant and the Jurisdiction of the Association. Additional properties may be subjected to these Declarations within ten (10) years from the date of this instrument. ARTICLE II DEFINITIONS Section 1. "Association" shall mean and refer to Quail Roost Home-owners' Association, Inc., its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinafter be bought within the jurisdiction of the Association. Section 4. "Permanent Common Open Space" shall consist of those areas designated on recorded plats of Quail Roost as such. Such areas shall be dedicated in perpetuity to the common use and enjoyment of the owners. The Declarant will convey all Permanent Common Open Space shown on the various plats of the subdivision to the Association. The Association shall be responsible for the repair, maintenance repaving as set forth in this Declaration. Section S. "Lot" shall mean and refer to any plot of la subdivision map of the Properties with the exception o Space. Section 6. "Declarant" shall mean and refer to rst- assigns if such successors or assigns should me the Declarant for the purpose of development. Section 7. "Common Expense" shal can and (a) All sums lawfully asses e (b) Expenses of the common ea . replacement of the Perman Coi (c) Expenses d to be com (d) the (e) Ad in REAL ESTATE y-Laws: such other quire the F any recorded Common Open Group, its s sors and iin one undevei66 Lot from iatio i t its members; iistratio aintenance, repair, or n ace: the provisions of this premiums as the Declaration or 1 to purchase; charges lawfully levied against e members to be common expenses of the costs. Owners are responsible for mowing in ARTICLE III PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every owner shall have the right and easement of enjoyment in and to the Permanent Common Open Space and over the common open spaces for access, ingress, and egress from and to public streets, walkways and parking areas easement shall be Appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to suspend the voting rights of an owner for any period during which any assessment against his/ her Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; (b) the right of the Association to dedicate or transfer all or any part of the Permanent Common Open Space to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members; No such dedication or transfer shall be effective unless an instrument agreement to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded, and the .............Town Council has agreed to such conveyance; (c) the right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Permanent Common Open Spaces and facilities and in aid thereof to mortgage said property, and the rights of such mortgagee in said Properties shall be subordinate to the rights of the homeowners hereunder; and (d) The right of the Association to adopt, publish and enforce rules and regulations as provided in Article IX. Section 2. Delegation of Use. Any owner may delegate, in accordance with the By- Laws, his/ her right of enjoyment to the Permanent Common Open Space and facilities to the members of his/ her family; his/ her tenants, or contract purchasers who reside on the property. Section 3. Title to the Permanent Common Open Space. eclarant hereby covenants for itself, its successors and assigns, that it wil n e simple title to the Permanent Common Open Space to the Association, f e d cle 11 encumbrances and liens, prior to the conveyance of the first Lot, u ' n storm a ents. Section 4. Parking Rights. The Association regulat the parking o ts, railers and other such items on the Permanent Corn en Spa No private es will be parked on assess roads within the subdivision. icles will parked on parking areas provided. Section S. TVAntennas and Cablev The Associat ay supply cablevision and the cost of this service may be include or special ents. The Association may regulate or prohibit the ecti evisio tennas on individual lots. ARTI MEMI < DXOTING RIGHTS Every ow a to Yurtenant subject to assessment shall be a member of the Membersh all to and may not be separated from hp. ' nv Lot whi s sassessment. Section 2. T&,ier?ssociatio all have two classes of voting membership: Class A. embers shall be all Owners, with the exception of the DeclarantYhds be entitled to one vote for each Lot owned. When more than one persointerest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Fractional voting with respect to any Lot is hereby prohibited. Class B. The Declarant shall be a Class B member and shall be entitled to four (4) votes for each lot owned. The class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) When the total vote outstanding in the Class A membership equals the total vote outstanding in the Class B membership; or (b) Upon the surrender of all Class B membership by the holder thereof. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter, provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. All assessments relating to common open spaces shall be shared ally by the owners of each Lot. 4VIN Section 2. Purpose of Assessments. The asses be used exclusively to promote the recreation, h residents in the Properties and in particular for t maintenance of the Permanent Common Ope repair and reconstruction of private streets, v situated on the Permanent Common Ope cutting and removal of weeds and grass and th other maintenance or for the use and enjoyment Space, including but not limited t cost of r the cost of labor, equipment, mater ager taxes and public assessments assess ag the procurement and maintenance of i ura the employment of s to represe As provision of ade a re for the re ceme without limiti enera of the fore in . and any other maj ens which the o needs as max_arise. the Association shall welfare of the vement and ways walks and par ar s such intenance to i de the o rash and ru ish or any Permanent Common Open pair lacements and additions, lent an ision, the payment of Perman Common Open Space, *dcapital cc with this Declaration, when necessary, the improvements including, signs, paving, grading, landscaping :iation is responsible, and such other Sect' Th ociation shall establish and maintenance an adequate re e fund fort iodic ance, repair and replacement of improvements to e on area an se oth ortions of the Properties which the Association may b igated to m ain. uch reserve fund is to be established out of regular assessme r comm expense. Section 4. u nnual Assessment. Until January I of the year immediately following the c ance of the first Lotto an Owner, the maximum monthly assessment shall e $200.00 per lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased effective January 1 of each year without a vote of membership by up to five percent (5%) of the previous year's assessment. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above the increase permitted in Section 3(a) above by a vote of two-thirds (2/3) of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which a shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 5. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Permanent Common Open Space, and in connection with exterior maintenance, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than (60) days in advance of the meeting setting forth of the meeting. Section 6. Notice and Quorum for any Action Authorized Under Sections 4 and 5. Written notice of any meeting called for the purpose of taki action authorized under Section 3 or 4 shall be sent to all members not less thi (30) days or more than sixty (60) days in advance of the meeting. st such meeting called, the presence of members or of proxies entitled to ca xty t (60%) of all the votes of each class of membership shall constitut m. equired quorum is not present, another meeting may be called sect the same requirement, and the required quorum at the subsequent eting sh 11 be one-hal o the required quorum at the preceding meetin ch su quent meetin all be held more than sixty (60) days following the prece ng. Section 7. Uniform Rate of Ass ment. Both an and special assessments shall, except as herein otherwise specifi ovided, bet at a uniform rate for all Lots and shall be collected on a mo provided, ver, that the assessment for Lots owned by Decla t w of oc pied as a residence, may be a lesser amount as fixed by the Boa o irec a Association, but shall not be less than twenty o) of the re ar assess nts for other Lots. Section 8. Da omnre ment of Ai al Assessments; Due Dates. The annual assessments provi ,, r h n shall com a as to all Lots on the first day of the month following the t anent Common Open Space. Such annua sha aid ra a n a monthly basis. The Board of Directors sha a paid rat I a t ly basis. The Board of Directors shall fix the amount annual assess t agai ch Lot at least thirty (30) days in advance of each ann sessment pe Wr" en notice of the annual assessment shall be sent to every subject th to. The due dates shall be established by the Board of Directors. : Associ n shall, upon demand, and for a reasonable charge, furnish a certificate S b officer of the Association setting forth the assessments on a specified Lot ha - en paid. Any certificate so given shall be conclusive evidence of payment of t assessments stated therein. Section 9. Effect of Nonpayment of Assessments; remedies of the Association. Any assessment not paid within (30) days after the due date shall bear interest from the due date at the rate of six percent (6%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property in the same manner in which Deeds of Trust may be foreclosed under Power of Sale pursuant to Chapter 45 of the N.C. General Statutes, or its successors, and in either event interest, costs and reasonable attorney's fees of any such action shall be added to the assessment. No Owner may waive or otherwise escape liability for the Permanent Common Open Space or abandonment of his Lot. Should any deficiency remain after the foreclosure, the Association may also bring an action against the owner for said deficiency. Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage and ad valorem taxes. Sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 11. Exempt Property. All Properties dedicated to, and accepted by, a local public authority and all Properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of North Carolina shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. Section 12. Working Capital Fund. At the time of closing of the sale of each unit a sum equal to at least two (2) months assessment for each unit shall be collected and transferred to the Association to be held as a working capital fund. The purpose of said fund is to insure that the Association Board will have adequate cash available to meet unforeseen expenses, and to acquire additional equipment or services deemed necessary or desirable. Amounts paid into the fund shall not be considered advance payment of regular assessments. ARTICLE VI ARCHITECTURAL C( No building, fence, wall or other structure shall be cA upon the Properties, nor shall any exterior addit' be made until the plans and specifications sh ng thf materials, and location of the same shall g' ve be( writing as to harmony of external design n ion structures and topography by the Board of Dire architectural committee compose of three (3) or the Board. In the event said Boar It't, designated disapprove such design and locatiirty (30) specifications have been submittep 'ill wil l be deemed to have fully comt menc ected or maintained ?+change teration therein nature, kin , e, height, ,submitted to roved in atton to surrfiding the ssociation, or by an Sepresentatives appointed by tee, fails to approve or r said plans and required and this Article ARTIC%F VII IONAL PROPERTIES 1. of a ' n property shall require approval from the requi o occur within ten (10) years from the date of this eve that all annexations of additional properties to the ribed in Article I hereof must contain a minimum of five o the property previously annexed. Provided further, that no l property shall have the effect of placing the original n of the of County Zoning Ordinances. , and shad provided, (5) acres, b annexation o development in Section 2. Annexation of additional Properties shall be accomplished by recording in the County Registry a Declaration of Annexation, duly executed, describing the lands annexed and incorporating the provisions of this Declaration, either by reference or by fully setting out said provisions of this Declaration. The additional lands shall be deemed annexed to the Properties on the date of recordation of the Declaration of Annexation, and in the case of an annexation by the Declarant, no action or consent on the part of the Association or any other person or entity shall be necessary to accomplish the annexation, except approval by the ..............Town Council. Section 3. Prior to the conveyance of the first lot in any newly annexed area, the Declarant shall deliver to the Association one or more deeds conveying fee simple title to any Permanent Common Open Space within the lands annexed free and clear of all encumbrances and liens except utility, stone drainage and greenway easements. ARTICLE VIII INSURANCE Section I. Insurance coverage on the Property shall be governed by the following provisions: (a) Ownership of Policies. All insurance policies upon the common areas shall be purchased by the Association for the benefit of all the Association and the Owners. Lot owners shall be responsible for insurance coverage of personal property within their own unit. (b) Coverage. All buildings and improvements and all personal property included in the Permanent Common Open Space and facilities shall be insured in an amount equal to one hundred percent (100) insurable replacement value as determined annually by the Association with the assistance of the insurance company providing coverage. Such coverage shall provide protection against: (1) Loss or damage by fire and other hazards covered by the standard coverage endorsement, and (2) Such other risks as from time to t' shal be customarily covered with respect to buildi e land, if any. (3) Such policies shall contain c se pr g for waiver of subrogation. (c) Liability. Public liability ins nce s all be secur the Association with limits of 'lity of less than On n and No/100 Dollars ($1,000, 00. er o ence and sha nclude an endorsement to cover liability wne s as a group to a single Owner. There s 11 also be obtain ch other insurance coverage as the Associatio determine ft- e to time to be desirable and necessary. (d) Premiums. Premiu for e poli s purchased by the Association shall be 'd e ' ion and charged to the O n assessme ccording the provisions of Article v (e) eds. insurance? s purchased by the Association shall be e of the As ciation and the Owners and their mortg as t may appear, and shall provide that all eeds of shall e payable to the Association as insurance s un s eclaration. The sole duty of the Association as insu a trus shall be to receive such proceeds as are paid and to hold t ame n trust for the purposes stated herein or stated in the By-La and for the benefit of the Owners and their mortgages in the fo wing shares: Proceeds on account of damage to Permanent Common Open Space and facilities held for the Association. In the event a mortgagee endorsement has been issued for any Lot, the share of the Owner shall be held in trust for the mortgagee and the Owner as their interests may appear. Section 2. Distribution of Insurance Proceeds. Proceeds of insurance policies received by the Association as insurance trustee shall be distributed to or for the benefit of the beneficial Owners in the following manner: (a) Expense of the Trust. All expenses of the insurance trustees shall be first paid or provisions made therefore. (b) Reconstruction or Repair. The remaining proceeds shall be paid to defray the cost of repairs. Any proceeds remaining after defraying such cost shall be distributed to the beneficial Owners as above provided. Section 3. Fidelity Insurance or Bond. All persons responsible for or authorized to expend funds, or otherwise deal in the assets of the Association or those held in trust, shall first be bonded by a fidelity insurer to indemnify the Association for any loss or default in the performance of their duties in an amount equal to six (6) months' assessments plus reserves accumulated. ARTICLE IX USE RESTRICTIONS Section]. Rules and Regulations. The Board of Directors of the Association shall have the power to formulate, amend, publish, and enforce reasonable rules and regulations concerning the use and enjoyment of the front yard space of each Lot and the Permanent Common Open Space. Such rules and regulations may provide for imposition of fines or penalties for the Violation thereof, or for the violation of any of the covenants and conditions contained in this Declaration. Section Z Use of Properties. No portion of the Properties (except for temporary offices of the Declarant and/ or any model used by Declarant) shall be used except for residential purposes and for purposes incidental or accessory thereto. Section 3. Quiet Enjoyment. NO obnoxious or offensive activity shall be carried on upon the Properties, nor shall anything be done which may be or may become a nuisance or annoyance to the neighborhood. Section 4. Animals. No animals, livestock or poultry of any ki all be kept or maintained on any Lot or in any dwelling except that dogs, ca rot r household pets may be kept or maintained provided that they are not kept tained for commercial purposes. Allowed pets must be on leash when not in o is sed pet area. All pets feces must be cleaned up while on leash and in c areas. no time will dogs determined to be of a dangerous breed, as specifie ociation, A allowed. Section 5. Dwelling Specifications. No dwel ' hall b ltered withoYO) ation or its Architectural Control Committees permis ton. ace building ure for storage or other appropriate use, shall not in excess tun red fifty uare feet in area.. No automobiles shall be p ked on any stree tting any of the lots. Excess parking will be at parking areas provi common area n owner may let or rent his entire dwelling unit, but no portion of a g unit sha sed separately from the rest of the unit. Section 6. Temporary St res. Excep reinbe et forth, no trailer, tent, shack, barn or other o other than accesso uilding not more than two hundred fifty (250 re feet ize, shall b rected or placed on any lot covered by these covenants. o ed age shall at a me be used for human habitation, either temnorarv or ne Section 7 ign fence 6"Plencing-type barrier of any kind shall be place ected, alloy mai d pon any portion of the community, including any lot, the prior wr conse the Association or its designated Architectural Control ittee. The mitt may issue guidelines detailing acceptable fence styles or sp tions, bu no event shall hog wire be approved. Chain link fencing shall not be vi ont (or the front and the side, in the case of a corner lot) of any house loca N aving such type of fencing. No signs shall be erected or oy allowed to remlot except with the written consent of the Board of Directors. Section 8. Buildings and Other Outdoor Structures. No accessory building of any nature whatsoever (including, but limited to, detached garages, storage buildings, doghouses, and greenhouses) shall be placed on any lot without the prior written approval of the Architectural Control Committee, with said committee to have the sole discretion relating to the location and type of accessory building which shall be permitted on any lot. Under no circumstances shall metal storage buildings be permitted. All accessory buildings must conform to the same architectural style as the residence located on the same lot. No outside clothes lines, tree houses, playhouses, motorcycles, supplies, tractors, boats, trucks (other than one pick-up truck rated one-half ton or less), trailers, vans (other than one noncommercial van owned and operated on a regular daily basis by the owner-occupant of the lot), campers or other equipment or vehicles, except for operative licensed automobiles, shall be regularly parked or stored in any area on a lot except inside an enclosed building, behind screening approved by the Homeowners' Association or its designated Architectural Control Committee. Garbage and refuse containers, transformers, air conditioning and other mechanical equipment, including solar and other mechanical equipment, including solar and other alternative energy devises shall either be concealed behind screening or integrated into the building design so as to be inconspicuous. All outdoor equipment and accessories on a lot, such as play structures, benches, sculptures, etc., shall be concealed by approved screening or approved in writing by the Board or Architectural Control Committee as compatible and harmonious with the surroundings. Section 9. Appearance No inoperable motor vehicles may be parked on any lot if visible from any road within the subdivision. All mailboxes shall be of the same type and shall be provided to the first permanent Owner by the builder of the dwelling unit. No rubbish or garbage containers shall be left at street side or visable from street and must be deposited in common trash container provided by Association. Landscaping will be established by Declarant and will be maintained by the Association on owners and common property. ARTICLE X EASEMENTS Section 1. All of the Properties, including Lots and Permanen n Open Space, shall be subject to such easements for driveways, parking ar water lines, sanitary sewers, storm drainage facilities, gas lines, telephone an c wer lines and other public utilities as shall be established by the Declarant o its p essors in title, prior to the subjecting of the Properties to this Declaratio t e Assoc shall have the power and authority to grant and establish upon er, under, and acros Permanent Common Open Space conveyed to it, such fu aseme as are requis . the convenience, use and enjoyment of the Propertie . dd' there is her reserved in the Declarant and its agents and employees an eas and right of ingress, egress and regress across all Permanent Co on Open Space, or hereafter owned by the Association, for the purpose of cons f improvem ithin the Properties. Section 2. All Lots shall be subject toe em the encr ments constructed on adjacent Lots by Declarant to the extent t t su vements actually encroach including, but not limite ch items as anging es, gutters and downspouts and walls. Section 3. An ea s her established the Permanent Common Open Space and facilities for the be f le gove ental agencies as necessary for setting, removing a of re maintaining water, sewer and drainage facilities ctric ' hon and cable antenna lines, fire fighting, garbage collec ' i, postal deliv emer d rescue activities and law enforcement Section 4. '1f" dwelling located closer than five (5) feet from its lot line, so long as such setback lies wit e County Zoning Ordinances, the owner thereof shall have a perpetual acce " em over the adjoining lot to the extent reasonable necessary to perform repair, mai ce or reconstruction of his dwelling. Such repair, maintenance or reconstruction sh be done expeditiously and, upon completion of the work, the owner shall restore the adjoining lot to as near as the same condition as that which prevailed prior to the commencement of the work as is reasonably practicable. Section S. Water and Sewer. All lot owners shall be subject to monthly charges as approved by the proper public authorities for water and sewer for domestic usage. ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot owners, and thereafter by an instrument signed by not less than seventy-five (75%) of the Lot owners. Section S. Storm Water Restriction. In accorda with Title 15 NCA 1000, the Coastal Stormwater Management Regulation restri 'ons and prote venants are required for Low Density Residential Subdi s lots will be divided and sold. Deed restrictions and protective covenants cessary to ensure that the development maintains a "built-upo " rea consistent he applicable regulation governing the density level. The folio ed restrictio d covenants must be recorded prior to the sale of any lot: (a) The following covenants a inte ongoing compliance with State Sto r Managem ermit n er as issued t e ion of Wa Quality nder NCAC 2H. 1000. (b) Th of No Carolina is de a beneficiary of these covenants to the ext ces to maintain pliance with the stormwater anagem (c ven re to ru h the land and be binding on all persons and (e) The covi without i Division to stormwater may not be altered or rescinded n consent of the State of North Carolina, (f) The ter Quality. e drainage as shown on the approved plan may not take the concurrence of the Division of Water Quality. t allowable built-upon area per lot is as follows: Lot # BUA Lot # BUA 1-18,20 3920 SF 21-69,19 4150 SF These allotted amounts include any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. (g) 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. (h) Paeh let will maintain a 3 0' wide vegetated buffer- betwee and surfaee waters. areas (i) All reef drains shall tet:Fninate at least 30' f rem high water mark 10 Section 6. If any amendment to these covenants, conditions, and restrictions is executed, each such amendment shall be delivered to the Board of this Association. Thereupon, the Board of Directors shall, within thirty (30) days, do the following: (a) Reasonably assure its self that the amendment has been executed by the Owners of the required number of Lots. (For this purpose, the Board may rely on its roster of members and shall not be required to cause any title to any Lot to be examined.) (b) Attach to the amendment a certification as to its validity, which certification shall be excused by the Association in the same manner that deeds are executed. The following form of certification is suggested: Section 7. Wetland Restrictions. All of the Property subject to this Declaration of Covenants and Restrictions shall also be subject to the following special provisions relating to wetlands. In developing the property, the Declarant has agreed with the Department of the Army Corps of Engineers (pursuant to a permit issued by the Corps of Engineers) to restrict and prohibit any future filling or other detrimental activities in the wetlands area which presently exist within the identifie of the Property. Accordingly, all wetlands shown and delineated on the tland survey plat dated , and verified by the Corps of Engi , shall be maintained in perpetuity in their natural or m' ated ition. No person or entity shall fill, grade, excavate, or perform any of a distur ctivities; nor cut, remove, or harm any vegetation; nor construct an c es, nor allo imal grazing or watering or any other agricultural use on s conse ation area. c enant is intended to ensure continued compliance wi itigat condition o orizations issued by the United States of A . . Army Corps of Engineers, Wilmington District, Action ID 2006- 0-067, and therefore may be enforced by the United States of A a. This cove shall run with the land, and shall be binding on the Owner, and all aiming un This Declaration must be execut an with arteret County Register of Deeds prior to the selling or developing P e recording must also include recording of a wetlan 'erified by U.S. A Corps of Engineers and must depict the location 11 wat nd wetlan within the boundary of the Property. The Declarant shall p e Co with a co the recorded restrictive covenants as soon as possible. ATTEST: Secretary Section 1. Management and Contract Rights of Association. Declarant may enter into a contract with a Management company manager for the purposes of providing all elements of the operation, care, supervision, maintenance, and management of the property. However, no such contract shall be binding upon the Association except through express adoption, or ratification of the terms and conditions of such contract. Any contract or lease entered into by Declarant or by the Association while Declarant is in control thereof shall contain a provision allowing the Association to terminate such contract without justification or penalty after transfer or management by the Declarant to the Association. Section Z Rights of Note holders. Any institutional holder of a first mortgage on a Lot will, upon request, be entitled to (a) inspect the books and records of the Association during normal business hours, (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of its fiscal II year, (c) receive written notice of all meetings of the Association and right to designate a representative to attend all such meetings, (d) receive written notice of any condemnation or casualty loss that affects either a material portion of the project or the unit securing its mortgage, (e) receive written notice of any sixty-day (60) delinquency in the payment of assessments or charges owed by the owner of any unit on which it holds the mortgage, (f) receive written notice of a lapse, cancellation, or material modifications of any insurance policy or fidelity bond maintained by the Owners' Association, (g) receive written notice of any proposed action that requires the content of a specified percentage or mortgage holders, and (h) be furnished with a copy of the master insurance policy. ARTICLE XII ELECTRICAL SERVICE Declarant reserves the right to subject the above-described Property to a contract with Jones-Onslow Electric Membership Corp. for the installation of underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and/or a continuing monthly pa Jones-Onslow Electric Membership Corp. by the Owner of each Lot w' n sai Property. ARTI EMERGE: In no case shall the Association be responsible or regular fire, police, or other public service to s when such failure is due to the la f access to s or construction, blocking of access or any developer, homeowners' associatio r I IN WITNESS W signed this ay of ONSLOW COUNTY SS tprovide an^mergency )pments or their occupants due to inadequate design or within the control of the caused this declaration to be I, , a Notary Public in and for said County and State, do hereby certify that on the day of , 2006, Basil J. Hurst, personally appeared before me and acknowledged that he is the President of Hurst-Law Group, Inc., a North Carolina Corporation, and acknowledged the due execution of the foregoing instrument for and in behalf of the corporation. Witness by hand a notary seal, this day of , 2006 Notary Public My commission expires: 12 STATE OF NORTH CAROLINA s . i reservation mechanism e deed restrictions, conse asement- etc. ;and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. ALL REMAINING WATERS AND WETLANDS WITHIN THE PROJECT BOUNDARY OF 33.146 ACRES QUAIL ROOST, WILL BE RESTRICTED WITHIN THE COVENANTS OF THE PROJECT AS WELL AS CONDITIONED BY THE USACOE. NCEEP HAS ACCEPTED PAYMENT FOR IMPACTS ASSOCIATED WITH THIS PROJECT. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process. for the NCEEP, check the NCEEP website at http://h2o.enr.state.ne.us/wrp/i.ndex.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 62 LF Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): 0.2424 AC Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Updated 11/1/2005 Page I I of 13 X Permit Class N1RW U.'C D LP - I $ as STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Perm it N p MAR 1 4 ?OiJl DENR - WATER QUAt,ITY for 9?SETLA.ND3 Q,,+D STaR WATER BRAN M X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 T Excavation and/or filling pursuant to NCGS 113-2.29 Issued to Frank Best, PO Box 11360, Goldsboro, NC 27532 Authorizing development in Carteret County at adj. to Bogue Sound, 309 S. 19th St.,* Morehead City , as requested in the permittee's application dated 10/31/06, including the attached workplan drawings (3), all dated 11/1/06. This permit, issued on March 12, 2007 , 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. Docking Facility Expansion 1) In order to comply with 15A NCAC.07H.0208(b)(6)(J) which states "Pier length shall be limited by. (i) not extending beyond the established length along the same shoreline for similar use," and 15A NCAC 07H.0208(a)(2)(H) which states "Development shall not impede navigation or create undue interference with access to, or use of, public trust areas or estuarine waters," the 6 ft. x 20 ft. pier extension is hereby removed from this project. Any reference to the pier extension, including any reference in the attached workplan drawings, is hereby null and void. 2) Unless specifically altered herein, this permit authorizes only the 12 ft. x 15 ft. boatlift to be located at the end of the existing docking facility. No other structure, whether floating or stationary, shall become a permanent part of this docking facility expansion without permit modification.. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 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 shall 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 shall cease when the permit expires on December 31, 2010 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Permit Number 33-07 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 41 Frank Best ADDITIONAL CONDITIONS Permit # 33-07 Page 2 of 3 3) No sewage, whether treated or untreated; shall be discharged at any time from any boats using the authorized boatlift. Any sewage discharge at the boatlift 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. 4) The boatlift and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the. adjacent property owner's riparian access corridor. This corridor is determined by drawing: a line parallel to the channel, or deep water, then drawing a line perpendicular to. .the channel or deep water line that intersects with the shore at the point where the upland property line . meets the water's edge. 5) In order to ensure compliance with Condition No. 4 of this permit, an as-built survey showing the location and dimensions of the authorized docking facility and all associated structures, and the distance of the docking facility and all associated structures to the neighboring riparian corridors, shall be performed on the docking facility, and copies of the survey shall be provided to the Division of Coastal Management, within 60 days of completion of construction. NOTE: Failure to provide the survey required in Condition No. 5 shall result in a violation of this permit:. 6) No attempt shall be,made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) 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. 8) This permit does not authorize -the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in the public interest. 9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the boatlift in order to make it more visible during hours of darkness or inclement weather. 10) This permit authorizes the addition of 1 boat slip to the existing 2-slip facility. Frank Best ADDITIONAL CONDITIONS General Permit # 33-07 Page 3 of 3 11.) 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 shall 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. 12) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 061825), which was issued on 12/13/06. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. SAW-2006-41647-016) which was issued on 12/6/06. x W A 7' 9P Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 5 Q Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 061825 Carteret County December 13, 2006 Frank S. Best D PO Box 11360 DEC 1 4 2006 Goldsboro, NC 27535 DENR - WATER QUALITY Subject: General 401 Water Quality Certifications # 3494 WETtAN19ANDSTORMWATERBRANCH 309S. 19th Street dock extension and add a third boat lift Dear Mr. Best: The Wilmington Regional Office received your application for a CAMA Major Permit from the Division of Coastal Management dated November 22, 2006 to extend an existing pier and install an additional boatlift as described in your application. You are authorized to proceed with your project as proposed under General Water Quality Certification (WQC) # 3494 (enclosed). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. Written concurrence from the Division of Water Quality (DWQ) is not required provided that you can meet all of the conditions of the General Water Quality Certification. If at anytime during construction of your project you determine that you cannot meet these conditions or if there are any additional impacts to wetlands or water quality not described in your application, you must contact this office immediately. If you have any questions concerning this matter, please do not hesitate to call me at (910)-796-7215. Sincerely4?n ? i t ' ?Z? 0 Joanne Steenhuis Environmental Specialist III Enclosure: GC 3494 cc: n J.W. Foreman, Jr. PE - Coastal Science & Engineerit?G Dave Timpy, USACE Wilmington David Moye, DCM Washington Doug Huggett, DCM Morehead City Ian McMillan, DWQ 401 Oversight Unit Central Files WiRO r? ,?. North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Service1-877-623-6748 One Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet: www.ncwaterqualitv.ore NorthCarolina An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper NatCaroh a '` ?? consrq??r ;I a 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 MEMORANDUM TO: Noelle Lutheran/Linda Lewis Divisoin of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division Respond to Doug Huggett Morehead City Office 400 Commerce Aven ue Morehead City NC 28557 DATE: 20 November 2006 SUBJECT: CAMA Application Review Nov 12 20? APPLICANT: Frank S. Best PROJECT LOCATION: 309 S. 19"' Street in the Town of Morehead City on Bogue Sound in Carteret County, North Carolina PROPOSED PROJECT: Applicant proposes to lengthen an existing pier, and install a boatlift for a total of 3 slips on the structure. Please indicate below your position or viewpoint on the proposed project and return this form by 11 December 2006. Please contact David Moye at 252-948-3852, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. Z- - &r- x.1 5 This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached yomm'ehts. Signed Date z; L? ol,r NorthCarolina Aaturally 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet: www.nccoastalmanagement.neY An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 1 10% Post Consumer Paper ?s i 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 MEMORANDUM TO: Ms. Cyndi Karoly 2 0 0 1 8 5 Env. Biological Supervisor Division of Water Quality, Wetlands Unit FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 U DATE: 20 November 2006 ' SUBJECT: CAMA Application Review NO 2 x 2006 oEldk . WAT=ii QUALITY APPLICANT: Frank S. Best WET ANbS gNDSTORd NATERBRANCH PROJECT LOCATION: 309 S. 19`" Street in the Town of Morehead City on Bogue Sound in Carteret County, North Carolina PROPOSED PROJECT: Applicant proposes to lengthen an existing pier, and install a boatlift for a total of 3 slips on the structure. Please indicate below your position or viewpoint on the proposed project and return this form by 11 December 2006. Please contact David Moye at 252-948-3852, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY Signed This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Date NoAhCarolina Naturally 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 \ FAX: 252-948-0478 \ Internet: www.nccoastalmanagement.neU An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Frank S. Best 2. LOCATION OF PROJECT SITE: 309 S. 19°i Street in the Town of Morehead City on Bogue Sound in Carteret County, North Carolina Photo Index - 2006: 41-8037; E-10, F-10 2000: 41-525; U-15 State Plane Coordinates - X: 2,680,800 Y: 360,000 GPS Rover File: could not obtain Beaufort Quad. (upper left corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -10/04/06 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received -15 November 2006 02 Oct. 2006 (INC.) Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Carteret County Land Classification From LUP - Developed (land), Conservation (water, wetlands) (B) AEC(s) Involved: EW, PTA (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - Town sewer system Planned - N/A (F) Type of Structures: Existing - Pier, 2 boatlifts, platform with roof, house and garage Planned - Pier extension and one additional boatlift (G) Estimated Annual Rate of Erosion: None Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands ±120 ft2 pier/shaded River bottom (C) Other Highground (D) Total Area Disturbed: ±0.04 acres (±300 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SA-HQW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to lengthen an existin total of 3 slips on the structure. Frank S. Best C/O James W. Foreman, Jr. Carteret County Project setting Coastal Science & Engineering, on behalf of Mr. Frank S. Best, submitted the attached application on 15 November 2006 to be processed as a CAMA Major permit, for improvements to a residential dock. The project site is located at 309 South 19th Street on Bogue Sound in the Town of Morehead City in Carteret County, North Carolina. The site is located in an established residential area of the Town of Morehead City. The property is a 0.219 acre lot with a single-family residence, paved drive, and a 6' by ±208' long pier with a 14' by 14.5' covered platform and two uncovered boatlifts. The property has 50' of natural shoreline along Bogue Sound. Vegetation on the site consist of lawn grass with some ornamental shrubs, and a narrow strip of sparse Spartina patens. along with planted sea oats at the upper end of the Estuarine sandy beachfront area. The site is bordered on the west side by the terminal end of 19th Street, which is Town of Morehead City property. This is also the location of two storm drains into Bogue Sound. The site is bordered. on the east side by a single-family residence with similar vegetation. While there are no piers within 800 to 1,000 feet to the west of the applicant's pier, several piers of similar length to the applicant's are present on the east side of this property. The water depth at the terminal end of the existing pier is ±2.6' below the normal low water level. During my 4 October 2006 site visit, I did not note the presence of any SAV around the existing pier or in the area of the proposed addition. The site is approximately 3' to 4' above the normal high water level. Bogue Sound in this area is classified SA-HQW by the Environmental Management Commission and is open to shellfishing. Project description The applicant proposes to extend the existing pier by adding a 6' wide by 20' long fixed piling section for a total length of ±2281. A 12' wide by 15' long uncovered boatlift is proposed at the new end of the pier. With two existing uncovered boatlifts and the addition of the proposed boatlift, the total number of slips will be 3. The water depth at the end of the proposed addition is ±2.0' below the normal low water level. Anticipated impacts Approximately 120 ft2 of sound bottom will be shaded by the construction of the pier extension. The project will result in localized turbidity as a result of the installation of the dprap. The total square foot impact of the pier extension and the new boatliftwill be 300 ft. David W. Moye -17 November 2006 CSE COASTAL SCIENCE & ENGINEERING PO BOX 1643 MOREHEAD CITY NC 28557 • TEL 252-222-0976 • FAX 252-222-0967 • EMAIL cse@coosrolscience.com October 31, 2006 Mr. David Moye N.C. Division of Coastal Management 943 Washington Square Mall Phone (252) 946-6481 Washington, North Carolina 27889 Fax (252) 948-0478 Re: Major CAMA Permit Application Residential Dock Improvements Frank Best Dear Mr. Moye: Please find attached permit application and associated drawings revised in accordance with your requests for the referenced project. Included with the application is a check for $250.00. Your review of these documents for completeness at your earliest convenience is greatly appreciated. Please call me if you have any questions or need additional information. Sincerely, COASTAL SCIENCE & ENGINEERING W. Forman, Jr., P.E. Principal Engineer Enclosures CC: Frank Best CSE COASTAL SCIENCE & ENGINEERING PO BOX 1643 MOREHEAD CITY NC 28557 • TEL 252-222-0976 • FAX 252-222-0967 • EMAIL cse@coostolscience.com October 31, 2006 N.C. Division of Coastal Management Washington Regional Office 943 Washington Square Mall Phone (252) 946-6481 Washington, North Carolina 27889 Fax (252) 948-0478 Re: Authorized Agent Agreement Residential Dock Improvements Frank Best To Whom it May Concern: This is to inform you that James W. (Bill) Forman, Jr., P.E. and Coastal Science & Engineering is the Authorized Agent for the referenced project. Mr. Forman is authorized to act on behalf of the applicant on matters related to the CAMA Major Permit and related federal permits. Please call me if you have any questions or need additional information. Sincerely, Frank Best Major CAMA Permit Application Residential Dock Improvements October 31, 2006 proposed by: Frank Best P. O. Box 11360 Goldsboro, North Carolina 27532 prepared for: North Carolina Department of Environment & Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 prepared by: COASTAL SCIENCE & ENGINEERING P. O. Box 1643 Morehead City, North Carolina 28557 RESIDENTIAL DOCK IMPROVEMENTS FRANK BEST Major CAMA Permit Application Contents DCM MP -1 Application DCM-MP- 4 Structures Narrative Description of Project Introduction Project Description Existing Conditions Stormwater Management Methods of Construction Project Schedule Compliance with Town of Morehead City and CAMA Land Use Plan Compliance with the N. C. Environmental Policy Act Adjacent Riparian Property Owners Application Drawings Sheet 1 Project Location Map Sheet 2 Site Plan Sheet 3 Dock Improvements Sheet 4 Dock Profile Authorized Agent Agreement Zoning Compliance Letter Property Deed RESDENTIAL DOCK IMPROVEMENTS FRANK BEST MOREHEAD CITY, CARTERET COUNTY, NORTH CAROLINA PROJECT NARRATIVE INTRODUCTION The Best residence is located on the north shore of Bogue Sound at 309 South 19th Street in Morehead City, Carteret County, North Carolina. The applicant proposes to improve an existing residential dock. The site can be reached by going east on N.C. highway 70, turning right onto 19th St, and turning right onto 309 South 19th Street (see Sheet 1 of 4). The site is currently developed with a house on the upland portion, and existing bulkhead along the shoreline. The property has approximately 50 linear feet of estuarine shoreline on Bogue Sound measured along the property line (see sheet 2 of 4) PROJECT DESCRIPTION The project consists of the following element: • Improvements to residential dock EXISTING CONDITIONS The site is currently developed with a house on the upland portion of the shoreline. The property has approximately 50 linear feet of estuarine shoreline on Bogue Sound measured along the property line (see sheet 2 of 4). Submerged aquatic vegetation (SAV) and wetlands are nonexistent along the shoreline of the property. Residential Dock Improvements October 31, 2006 Frank Best Major CAMA Permit Application - Narrative Page 1 of 2 STORMWATER MANAGEMENT No upland improvements, pavements, walkways or other impervious surfaces will be constructed as part of the project. No stormwater management or additional stormwater measures will be required for this project. METHODS OF CONSTRUCTION Dock components will be of timber frame construction. Dock improvements will be by conventional marine construction methods using floating barge and crane. PROJECT SCHEDULE Construction of dock improvements will be initiated as soon as the CAMA permit is issued. COMPLIANCE WITH TOWN OF MOREHEAD CITY ZONING AND CAMA LAND USE PLAN The property is within the planning jurisdiction of the Town of Morehead City. Zoning is R5S residential. The construction will be consistent with the current zoning. The site is classified "Developed" by the Town of Morehead City CAMA Land Use Plan. COMPLIANCE WITH THE N. C. ENVIRONMENTAL POLICY ACT There is no work proposed on the site that will require review under the N. C. Environmental Policy Act. ADJACENT RIPARIAN PROPERTY OWNERS Ms. Edith Ann Berry 812 Shepard St Morehead City, 28557 Town of Morehead City Post Office 3599 Morehead City, 28557 Residential Dock Improvements October 31, 2006 Frank Best Major CAMA Permit Application - Narrative Page 2 of 2 Form DCM-MP-1 2 0 o 61 8 2 APPLICATION 1. APPLICANT a. Landowner: Name: Mr. Frank Best b. City, town, community or landmark Morehead City c. Street address or secondary road number 309 S 19`Y' St. Address: P.O Box 11360 City: Goldsboro State: NC Zip: 27532 Day Phone 919-583-9290 d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Bowe Sound Fax: 919-583-8790 b. Authorized Agent 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name: James W. Forman, Jr Coastal Science& Engineering Address: P.O. Box 1643 City: Morehead City State: NC Zip: 28557 Day Phone 252-222-0976 Fax: 252-222-0967 c. Project Name (if any) Frank Best Dock 2. LOCATION OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities). Residential dock improvements b. Is the proposed activity maintenance of an existing project, new work or both? Both c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. Conventional marine construction methods using water-borne crane and barge. a. County: Carteret Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.219 acres b. Size of individual lot(s) 0.219 acres c. Approximate elevation of tract above MHW or NWL 5.99 ft above NLW d. Soil types(s) and texture(s) of tract sandy loam e. Vegetation on tract Lawn and planted sea oats f. Man-made features now on tract Single family dwelling g. What is CAMA Land Use Plan land classification of the site? Conservation Transitional X Developed Community Rural Other h. How is the tract zoned by local government? R5S- Residential i. Is the proposed project consistent with the applicable zoning? X Yes No See attached Zoning Compliance Letter j. Has a professional archeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Register Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? _Yes X No Coastal (marsh) Other If yes, has a delineation been conducted? (attach documentation, if available) m. Describe existing wastewater treatment facilities. City sewer n. Describe the location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down", and residential discharges). Surface run-off o. Describe the existing drinking water supply source. Municipal water supply 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate dated work plat (including plan view and cross-sectional drawings) drawn to a scale in black ink on an 81/2" by 11" white paper. (refer to Coastal Resources Commission Rule 7J.0203 for a detailed description). Please note that original drawings are preferred and only high quality copies will be accepted. Blue line prints or other large plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U. S. Army Corps of Engineers regarding that agency's use of larger drawings). A site or location map is a part of plat requirements and must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater necessary. Certification, if is one A list of names and complete addresses of the adjacent waterfront (riparian) landowners and the 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Edith Ann Berry Address 812 Shepard St. Morehead City, NC 28557 Name - Town of Morehead City Address P.O. Box 3599 Morehead City,NC 28557 • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A • A signed AEC hazard notice for projects in oceanfront or inlet areas. • A check for $475 made payable to the Department of Environment, Health and Natural Resources (DEHNR) to cover the costs of processing the application. • A Statement of compliance with the N. C. Environmental Policy Act (N.C.G.S.113A-1 to 10). If the project involves the expenditures of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. 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 conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. 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. This is the _3d_ day of October, 2006 Print Name Frank Best Signature rq-M?L Landowner Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) -Commercial -Community X Private (2) Number 1 (3) Length 20 ft (4) Width 6 ft (5) Finger Piers Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) _X _Yes No (i) Number 1 existing (ii) Length 14.5 ft (iii) Width 14 ft (7) Number of slips proposed 1 proposed (2 existing) (8) Proximity of structure to adjacent riparian property lines >15 ft (9) Width of water body - 1 mile (10) Water depth at waterward end of pier at MLW or NLW -2.6 ft NLW b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length(s) (2) Average distance from MHW, NWL, or wetlands (3) Maximum distance beyond MHW, NWL, or wetlands Mooring buoys N/A (1) _ Commercial -Community -Private (2) Number (3) Description of Buoy (Color, inscription, size, anchor, etc. (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc. (1) Commercial Community X Private (2) Number 3 (3) Length 15 ft (4) Width 12 ft g. Other (Give complete description) Exisiting dock is 207.8 ft in length. Applicant proposes to extend 20ft to waterward end of dock and relocate existing boat lifts as shown on Sheet 5 of 6. Frank Best T':'_/ Si gnature l X 3110 . Date d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length Crab' Fifyint I Bay - t 1 ?lYf" ? I • ..-'E j . - t p a r'. f •O ? ` W,IIIs PT t u r _ Figgottsl ?? _ Bricker I,.+,I •' r r!7 4 '? I ,- yy Gac lGei< ?•" :.. A . 1 1 f t3 IM ' .'It 1i? ay?,ztr Cem ?. `t,/+Y ? .• ? ti '? i t. kue.._ .._r... .=L?! 1.• ??,l/-' .??'YY`a)YL??ti' .?_ i .: i tf?1r -JC? j" 1a 5lH s ? v Li ht Etc ( .DO?(.`t:.N9 ? L? .l,J ,>'-?L ??._?S.-.na? ', i .i'??'7T? -.?._ r ? • ,f S.r vtJ,? t 1 ! 8?s ?i rry Yh'4CO TaC 3eacan? 02%00t A n, Sus Od i a C 8zacer. j57D-, ! bihi WA Y£Rt}'qy - ?.- l D tun, B Q PROJECT LOCATION r _f s] _ t -t Cedar,, HamIm 1 = ? oney rJand ?g1, t7arLandtaly? - 644 • At}l3lltl(1 Bad r - 1)Qh minr 4.__S- let x?,r__"FA?O.?.T f° - MACON ;pO? f 4 0' " G U .? !t i•;'`"` °'°` ~-..I fJ, y _ Money tslana'BPa.h _ .s PROJECT ME- PREPARED FOR: DRAWING Tme sa, NOT TO SCALE SwEl r. FRANK BEST DOCK FRANK BEST DATE Ut NOV ZU 1 309 S. 19TH ST PO BOX 11360 PROJECT LOCATION MAP ?""*eY BMF MOREHEAD CITY, NC 28557 GOLDSBORO, NC 27532 PRWECT. 2216 0 c:. 15.0' RIPARIAN SETBACK DOCK EXTENSION _ EXISTING DOCK - -t? - - 20.0' - - - 62 _- C BOAT LIFT ?- ----' _,- _ - --- 15.0' RIPARIAN - -- - EX. SIDE DAOUNT BOAT LIFT SETBACK EX BOAT LIFT SCALE 1 ° 20' : = TOTAL AREA OF NEW DOCK =120 S.F. 20 0 20 Preliminary Drawing Not For Construction PROJECTTITLE: PREPARED FOR: DRAMNG TIME SCALE. AS SHOWN sHEEF¦ FRANK BEST DOCK FRANK BEST DATE 01 NOV2006 309 S. 19TH ST PO BOX 11360 DOCK IMPROVEMENTS °""?^'°'? of A MOREHEAD CITY, NC 28557 GOLDSBORO, NC 27532 PP4&C NI 2218 CF; 207.8' 20.0' EX. GAZEBO TIMBER WALKWAY ELECTRIC ,OCK BOAT LIFT ?--tr -mot--11 lf-- r r-!r--ifi- 11 --r-1 - - U U U U U U U U U U U U U U U U U U U U U U U U U U EX GROUND 8.0' MIN TIMBER PILE 8.0' O.C. SECTION C-C SCALE: V = 30' Preliminary Drawing Not For Construction PREPARED FOR DRAWING TITLE B . 1'=W SHM a PROJECT TITLE FRANK BEST DOCK FRANK BEST UTE 01 NOV n x 309 S. 19TH ST PO BOX 11360 DOCK PROFILE VMVMBY.. BMF ?4 NC 28557 MOREHEAD CITY GOLDSBORO, NC 27532 Pi=n , zits or-. 4 -?- - • .... ......... ......- ?z ........G0'9- ...... 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Cam' o°- S o N N Gn m x v D v 0 z cf) r-o o? r- U13 Z: ?n o N rmr1? ?? mm - O -G m= ? mZ o? ;;u z Z -p D cno m z mm o m p r7 v =w D o 3 °o ° v _ =3 n ? `z -u < m m _ z o U3 COLUMBIA 1:?MORLIICAD.City: - ... (? Coastal Science & Engineering PROXCTTITLE, FRANK BEST PREPAREDFOR: FRANK BEST DRAWING TITLE Site Plan SCALE 1'=60• DATE Ot NOV 2006 DMWNBY: OMF 9ffETR Z PO BOX 1C43 309 S. 19TH ST PO BOX 11360 APPROVE=D Br. ?'F COLUMBIA. SOUnCAROLINA 2=2WG MOREHEAD CITY, NC 28557 GOLDSBORO, NC 27532 PHONE 001799-0949 FAX 003799-9481 PROJECTR 2216 OF .4 30.5 30.0 29.5 29.0 28.5 28.0 27.5 27.0 26.5 26.0 25.5 FT. PERMANENT INTERMITTENT DITCH ROADWAY CROSSING SCALE: NOT TO SCALE z 0 p H PATRICIA CAIN OK. 1301. PG. 978 :vcD RA CURRENT USE. SINGLE FAMILY WETLAND IMPACT ts2 PERMANENT IMPACT - 6338 SF _ ROAD CROSSING \ r_. WETLAND IMPACT ttt PERMANENT - 1867 SF ROAD CROSSING WETLAND IMPACT #IA TEMPORARY IMPACT - 335 SF UTILITY INSTALLATION 67 O C,L r STREAM IMPACT 94 TEMPORARY IMPACT CT 30 I 175N \ S I \ GI ' I 14 66 31 -:may" TONED N Q t!` i15iIN4 USES SINGLE LA.LLL,Y 1 © 4W I ` 13 STREAM IMPACT tt1 PERROADNCROSSING I, 12 / l 33 l l ?? I ; 1 63 37 1 INTERMITTENT 35 " STREAM ,I ' 38 1 l 39 I l 46 60 l 1 40 45 6 O I; O 59 41 47 44 NED RA it SINGLE FAMILY 43 111 I 48 ' I i' I 53 51 /'/• •? , O 56 52 ??.?•?• el•,• I O I 54 / l? p •? ?•? '?.?? -?,? ?'`?? 404 V pp --MM ' ZONED RA WETLANDS IMPACTS EXISTING USE. MULTIPLE U5ES eT' Qu STREAM IMPACT tt5 TEMPORARY IMPACT WATERLINE INSTALLATION Nn I DY I DATE I DESCRIPTION 11 ROOST SWANSBORO TOWNSHIP. ONSLOW COUNTY NORTH CAROLINA I/ CLIENT: HURST LAW GROUP. INC. DESIGNED: iI I ADDRESS: PHYSICAL: 707 N. CHESTNUT ST. LUMBERTON. NC 28358 DRAWN: MAILING: P.O. BOX 1371 LUMBERTON. NC 28359 PHONE: (910) 739-0621 CHECKED: PROJECT xt: PM110-34 SHEET 1 OF 2 WE...\PM110-34 A.dgn 11/16/20063.14.29 200 100 0 200 400 SCALE: 1'= 200' 1 60'L 0" PUBLIC RI HT-OF-WAY B'-0" 20'-0' 6'-0" 6'-0" PAV MENT 7"/FT. 1ji /F T. I •.,/F T. 1`/F T. \ES . 4:1 Jp J PP\ MpX 36" ABC 1-112" SF 9.5A FILL SECTION STREET CROSS-SECTION (TYP.) SCALE: NOT TO SCALE STROUD ENGINEERING, P.A. MOREHEAD CITY. N.C. 28557 (252) 247-7479 HURST LAW GROUP. INC. FUTURE - IMPACT tt3 [No U°Se vAC.NT ARY IMPACTS Y SEWER INSTALLATION WETLAND IMPACT tt4 TEMPORARY IMPACT - 2354 SF GRAVITY SEWER INSTALLATION STREAM IMPACT tt2 TEMPORARY IMPACT GRAVITY SEWER INSTALLATION WETLAND IMPACT tt3 TEMPORARY IMPACT - 1146 S6- GRAVITY SEWER INSTALLATION IL>rE 111R- 1 EXISTING USE. SINGLSE FAkILT PROVED: ROC TE: 8/21/0 ALE: 7 " = 200' as ?9ry e 4 % , •? ' a? Qa ' 1 I • ``' isim i5ii I ar- S. C WETLAND IMPACT S$5 TEMPORARY IMPACT - 525 SF SEWER FORCEMAIN INSTALLATION 404 WETLANDS REVISIONS: 200 100 0 200 400 SCALE: 1"= 200' PROJECT #: PM110-34 SHEET 2 OF 2