20051561 Ver 1_Complete File_20050817

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North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
16 August 2005
EXPRESS PERMIT REVIEW PROGRAM
0
MEMORANDUM
TO: Cyndi Karoly
Division of Water Quality o _ x 7 Z
?1F ?
oos
k
FROM: David W. 1\,Ioye Srp ,nQF 111'r
Ex
press Permit Coordinator 4,C
H
Washington Regional Office
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: RDK Investment Company
Harris Teeter Food Store
Project Location: At 2012 South Croatan Highway, at the intersection of US 158 and West Eight
Street in the Town of Kill Devil Hills immediately north of the town limits with
Nags Head in Dare County, North Carolina
Proposed Project: Applicant proposes to construct a Harris Teeter Food Store and associated
parking within 1,200' (but outside 500') of the fresh pond between Nags
Head and Kill Devil Hills
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by 6 September 2005. If you have any questions regarding the proposed project, please contact David
W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet wwN.nccoastalmanagement.netl
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
Harris Teeter Food Store
RDK Investment Company
Dare County
Express Permit Review Program
Project setting
Eduardo Valdivieso with Quible & Associates, on behalf of RDK Investment Company, has
requested the attached application be processed under the Express Permit Review Program, for the
construction of a Harris Teeter Food Store.
The project site is located at 2012 South Croatan Highway, at the intersection of US 158 and
West Eight Street in the Town of Kill Devil Hills immediately north of the town limits with Nags
Head. The majority of the project site is within the 1,200' Public Water Supply Area of
Environmental Concern (AEC) as identified in North Carolina Administrative Code 15A NCAC
07H.0405(c)(1)(A). All development within this AEC is subject to authorization by the Division of
Coastal Management.
CAMA Major Permit No. 41-93 was issued to The Grass Courses, LTD. on 2 April 1993 for
the construction of an Entertainment Park on the site. This development included all the current
project site plus additional area totaling 10.3 acres. Constructed under this permit was a miniature
golf course, waterslide, outdoor batting stadium, asphalt parking area and a stornwater retention
pond.
On 18 December 2002, CAMA Major Permit No. 168-02 was issued to KDH Retail
Investors, LLC for the removal of all the existing structures except the stormwater pond on the 10.3
acre site, and the site was leveled and seeded. Approximately 1.5 years ago, a ±2.72 acre parcel of
the tract in the southeast corner was sold and an Eclcerd Drug Store was constructed on this tract all
of which is outside the Fresh Pond AEC.
Harris Teeter Properties, LLC has purchased the remaining 7.58 acres and proposes to
develop the site. Vegetation on the site consists mainly of upland grasses with several pines and live
oaks. The site is bordered on the north by the Times Printing Company and to the south by West
Eight Street and a Self Storage business and Coastal Ready Mix Concrete. The property is bordered
on the west by Southern Ice Company and on the east by an Eclcerd Drug Store and US 158.
Project description
The applicant proposes to construct a ±54,966 ft' Harris Teeter Supermarket and ±95,634 ft2
of asphalt parking lot and driveways. An onsite stormwater retention system is proposed and will be
submitted to the Division of Water Quality for approval. Most of the remaining site will be graded
and landscaping installed. An agreement from the Town of Kill Devil Hills has been obtained to
connect into the Town's Waste Water Treatment System to eliminate the need for an onsite septic
system (see attached).
Anticipated impacts
The project as proposed will result in the disturbance of±303,613 ft' of uplands as a result of
the development.
David W. Moye - 16 August 2005
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
Express Permit Review Program
1. APPLICANT'S NAME: Harris Teeter food Store for RDK Investments Company
2. LOCATION OF PROJECT SITE: At 2012 South Croatan Highway at the intersection of US 158 and
West Eight Street in the Town of Kill Devil Hills in Dare County, North Carolina
Photo Index - 2000: 185-2087; V-11,12, W-11,12, X-11 1995: 185-1931; M-10,11, N-
10,11, 0-10, P-10
State Plane Coordinates - X: 2,990,400 Y: 833,400 GPS Rover File # D073014A
Manteo Quad. (upper right corner)
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 07/14/05 03/07/05
Was Applicant Present - No No
5. PROCESSING PROCEDURE: Application Received - 16 August 2005
Office -Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Developed, Conservation
(B) AEC(s) Involved: Fresh Pond AEC
(C) Water Dependent: NO
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned - Municipal Sewage with the Town of Kill Devil Hills
(F) Type of Structures: Existing - Asphalt driveway off US 158
Planned - Harris Teeter Grocery store and parking lot
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
nuFnrMn FTT.T .P.D OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands

(C) Other ±303,613 ft2
Highground building, parking,
ponds, landscaping
(D) Total Area Disturbed: ±6.97 acre (±303,613 sq. ft.)
(E) Primary Nursery Area: N/A
(F) Water Classification: N/A Open: N/A
8. PROJECT SUMMARY: The applicant proposes to construct a Harris Teeter grocery store and
associated parking within 1,200' (but outside 500') of the fresh pond between Nags Head and Kill
Devil Hills.
( 2_?11; u j b
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
August 12, 2005
Mr. David Moye
NCDENR-Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
Re: Express Major CAMA Permit Submission
Harris Teeter Food Store
RDK Investments Company
Kill Devil Hills, Dare County NC
Dear Mr. Moye:
0T ' 56
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone: [phone]
Fax: [phone]
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Voldivieso, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P.L.S.
David S. Neff
On behalf of RDK Investments Company, a North Carolina corporation, and in accordance with
comments received from you at our previous express permitting pre-application meeting, find
enclosed an Express Major CAMA Permit Application with associated documentation for a new
Harris Teeter Food Store to be located in Kill Devil Hills, NC.
Specifically, RDK is planning to construct a new 54,966 square foot Harris Teeter store on a 7.58
acre site at 2012 South Croatan Highway (US 158) on property identified as Tract B and Tract C
of the Grass Courses LLC subdivision.
RDK Investments Company is the landowner of record of Tract B and Tract C.
The site formerly featured "Diamond Shoals Family Entertainment Park", an outdoor amusement
facility with water slides, grass putting course, batting stadium, paddle boats, game room, etc.
Quible & Associates, PC was the civil engineer of record for that project and as such was
responsible for securing all respective site development permits, including a CAMA Major
permit. A copy of this moot permit is attached (Attachment 9) hereto for your general
information.
Diamond Shoals ceased to operate and all improvements were subsequently demolished and
removed in late 2002.
A1r. David A1oye
August 12, 2005
Page 2 of 4
Located to the west of the property is a fresh water lake (known as Fresh Pond) that is utilized as
a raw water supply source for both the Town of Nags Head and the Town Kill Devil Hills. To
protect this water source, the North Carolina Coastal Resource Commission has designated Fresh
Pond as a Small Surface Water Supply Watershed Area of Environmental Concern (AEC) and
adopted specific detailed development standards as set out below:
"To adequately protect the fresh pond, it is necessary that construction of septic
tanks and other sources of pollution within the limits of the cone of depression be
regulated as follows:
(I) Within 500 feet, horizontal distance of the edge of the pond, no
construction of sewers, septic tanks, nitrification fields or other possible
sources of pollution shall be permitted.
(ii) Between the distances of 500 feet and 1200 feet from the edge of the pond,
construction of septic tank systems shall be limited to one single tank
system serving a single family residence not to exceed four bedrooms or
its equivalent volume of sewage, on a lot or tract of land not less than
40,000 square feet."
The majority of the Harris Teeter site is well within 1,200 feet of the edge of Fresh Pond but
entirely outside of the 500 foot distance. The Cover Sheet drawing 1 of 13 (Attachment 2)
depicts the 500 foot AEC setback line and a 1,200 foot AEC setback line (runs north-south
almost directly overtop of common lot line between Tracts A, B, and Q.
As a result of proposing development within the 1,200 ft. AEC, said project must submit for and
receive a CAMA Major Permit from NCDENR Division of Coastal Management.
It appears that the intent of the Fresh Pond AEC development standards is to regulate potential
sources of pollution within a 1,200 ft. radius of the water supply source, primarily with regard to
on-site wastewater septic disposal systems. It is important to note that Harris Teeter Properties
has secured off-site wastewater treatment service from KDHWWTP, LLC, a privately owned
public sewer utility company. Wastewater generated by the new store will be pumped off-site
into the existing KDHWWTP collection system which, in turn, delivers wastewater to the
treatment facility located off of Colington Road (facility is approximately 2.6 miles north and
west from site). As a direct result, the potential for sewage to be a potential source of pollution to
the Fresh Pond has been eliminated. A permit for this connection has been granted by NCDENR,
see copy of same in Attachment 8.
The total area of proposed built upon area within the 1,200 feet Fresh Pond AEC portion of the
subject site is 193,804 square feet.
Mr. David dfoye
August 12, 2005
Page 3 of 4
Twenty-five copies of the following attachments are included with and shall be considered as
part of this Major CAMA Permit Application:
Attachment 1: Major CAMA Permit Application-consisting of forms DCM-MP-1, DCM-
MP-2 and DCM-MP-3
Attachment 2: (Under separate cover) Harris Teeter site development drawing set. Each
set includes the following sheets:
Sheet Title
1 Cover Sheet
C1 Existing Site Conditions
C2 Site Plan
C3 Grading & Drainage Plan
C4 Utility Plan
Attachment 3: Copy of USACOE Notification of Jurisdictional Determination Tare Sheet
(No Section 404 jurisdictional wetlands exist)
Attachment 4: Copy of relevant portion of USGS-Topographic Quadrangle-NE Roanoke
Island
Attachment 5: Agent Authorization from RDK Investments Company to Quible &
Associates, PC
Attachment 6: Zoning/Use consistency letter from the Town of Kill Devil Hills
Attachment 7: Copy of Deed
Attachment 8: Copy of NCDENR Wastewater Collection System Extension Permit No.
WQ0028558
Attachment 9: Copy of Diamond Shoals Major CAMA permit
The site will be raised an average of three feet. Soil material excavated on-site for the expansion
of stormwater ponds will be incorporated into the site grading plan (See Grading & Drainage
Plan sheet C3, Attachment 2 for specifics).
The total area of land disturbance at the site will be 697 acres. A Soil Erosion permit has been
applied for with the Town of Kill Devil Hills.
Mr. David Moye
August 12, 2005
Page 4 of 4
Potable water will be provided by the Town of Kill Devil Hills public water supply system. No
NCDENR Public Water Supply Section approval is required to serve the store.
Thank you for your continued attention to this project. If you have any questions, comments or
require additional information please do not hesitate to contact Quible staff environmental
scientist, Mr. Warren Eadus, PG or me at 252-261-3300.
Sincerely,
QUIBLE & ASSOCIATES, P.C.
Eduard aldivieso, PE R?
Vice President
cc: Harris Teeter,Inc. c% Dennis Bost, PE, Bondurant Associates
ATTACHMENT 1
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
2. LOCATION OF PROPOSED
PROJECT
Name RDK Investments Company
Address 301 South Trvon Street, Suite 1800
City Charlotte State NC
Zip 28202
a(1) Applicant
Name RDK Investments Comnan
Address 301 South Tryon Street, Suite 1800
City Charlotte State NC
Zip 28202 Day Phone [phone]
Fax [phone]
b. Authorized Agent:
Name Ouible & Associates, P.C.
Address PO Drawer 870
City_ Kitty Hawk State NC
Zip 27949 Day Phone [phone]
Fax [phone]
c. Project name (if any) Harris Teeter Food Store
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
a. County Dare
b. City, town, community or landmark
Kill Devil Hills/Nags Head boundary (W. Eighth St.
intersectin,g Croatan Hlpllway (US 158).
c. Street address or secondary road number
2012 South Croatan Highway, Kill Devil Hills
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) Fresh Pond
3. DESCRIPTION AND PLANNED USE
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.
Construction of 54.966 sf Harris Teeter Food Store
with associated infrastructure which includes
95,634 sf of parking (268 spaces); two additional
stormwater basins totaliniz 40,530.2 sf.(aerial extent)
The project also includes 13,737 sf of landscaping
included within the parking lot area..
b. Is the proposed activity maintenance of an existing
project, new work, or both? New work
c. Will the project be for public, private or commercial
use? Commercial
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
Revised 03/95 ifar-r•js Teeter- food tiYore
Form DCM-MP-1
If more space is needed, please attach additional
pages.
The purpose of the project is to construct a new Harris
Teeter Grocery Store. The construction proiect will
be typical of large scale commercial developments.
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract ± 7.58 acres
b. Size of individual lot(s) Tract B-2.11 acres; Tract C-
5.47 acres
c.
d.
Approximate elevation of tract above MHW or NWL
10.9 feet above mean sea level. Property is not
adjacent to any body of water.
Soil type(s) and texture(s) of tract
According to the 1992 USDA-NRCS Soil Survey
of Dare County, the soil types on site are
predominantly Corolla and Duckston Series. Soils
of the Corolla Series consist of moderately well
to poorly drained soils that formed in sandy marine
environments. Soils of the Duckston Series consist
of poorly drained soils formed in sandy marine
environments. Soil borings advanced at the site
indicate that much of the site has been filled
excavated and otherwise altered.
e. Vegetation on tract Maintained grasses.
f. Man-made features now on tract Both parcels are
relatively clear with only light maintained grasses.
There are no structures on site.
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local government?
Commercial and Lii;ht Industrial
i. Is the proposed project consistent with the
applicable zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
see Attachment 7
Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
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)- see Attachment 3
copy of signed USACE Non-wetlands
Jurisdictional Determination.
in. Describe existing wastewater treatment facilities.
Wastewater service to be nrovided by KDHWWTP
LLC_privately owned public sewer utility. Wastewater
generated by this project will be pumped off-site
(outside of AEC) into KDHWWTP collection system.
See Attachment 8
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) No discharges to
waters of the state.
o. Describe existing drinking water supply source.
Drinking water provided by Kill Devil Hills Public
Water Supply System.
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 the 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.
Revised 03/95 11arr•is Teeter- Food ti tore
Form DCM-MP-1
O An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8'/z" by I 1 " 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 larger 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 it 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.
numbers, permittee, and issuing dates.
-DWQ Stormwater SW7020717 (7/23/2003)
- CAMA Maior 41-93 (4/2/1993) see attachment 9
3 A check for $250 made payable to the
Department of Environment, Health, and
Natural Resources (DEHNR) to cover the costs
of processing the application.
A signed ACC hazard notice for projects in
oceanfront and inlet areas.
A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
o A Stormwater Certification
if one is necessary.
,
Modification to existine SW7020717 pending 6. CERTIFICATION AND PERMISSION
o A list of the names and complete addresses of the TO ENTER ON LAND
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats I understand that any permit issued in response to this
by certified mail. Such landowners must be advised application will allow only the development described in
that they have 30 days in which to submit comments the application. The project will be subject to
on the proposed project to the Division of Coastal conditions and restrictions contained in the permit.
Management. Upon signing this form, the applicant
further certifies that such notice has been provided. I certify that to the best of my knowledge, the proposed
Not Applicable-no adjacent riparian property activity complies with the State of North Carolina's
owners approved Coastal Management Program and will be
Name conducted in a manner consistent with such program.
Address
I certify that I am authorized to grant, and do in fact,
Phone grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
Name connection with evaluating information related to this
Address permit application and follow-up monitoring of the
Phone project.
Name I further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone
Name
Address
Phone
A list of previous state or federal permits issued
for work on the project tract. Include permit
Revised 03/95
This is the 12 day of August, 20 05
Print Name Eduardo J. Valdivieso, PE
Signature
Authorized Agent
Harris Teeter Food More
Form DCM-MP-1
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
x DCM MP-3 Upland Development
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.
Revised 03/95 Harris Teeter Food Store
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed One 54,966 sf retail grocery tore
and associated parking, landscaping, loading areas
and associated infrastructure.
b. Number of lots or parcels 2_(Tract B & Tract C)
Has a site development plan been submitted to the
Division of Water Qualityfor review? x Yes
No
If yes, date submitted concurrent express permit
submission
i. Describe proposed method of sewage disposal.
Off-site sewagedisposal service provided by privately
owned public sewer utiltiy. Utility name,
KDHWWTP,LLC. Off-site treatment facility located
outside of AFC.
c. Density (give the number of residential units and the
units per acre) Commercial development high density
64 % built upon area (65% allowed by 7g).
d. Size of area to be graded, filled or disturbed including
roads, ditches, etc. Total disturbance 6.97 acres.
e. If the proposed project will disturb more than one acre
of land, the Division of Land Resources must receive
an erosion and sedimentation control plan at least 30
days before land disturbing activity begins. If
applicable, has a sedimentation and erosion control
plan been submitted to the Division of Land
Resources? x Yes No
If yes, date submitted Submitted to Town of Kill
Devil Hills (414105)
f. List the materials (such as marl, paver stone, asphalt,
or concrete) to be used for paved surfaces. Crush and
run and gravel overlain by asphalt pavement and
concrete.
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. NA
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Revised 03/95
Have the facilities described in Item i. above received
state or local approval? Yes, WQ0028558 see
Attachment a
(Attach appropriate documentation)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
There will be no discharges to water of the state
1. Describe proposed drinking water supply source (e.g.
well, cominunity, public system, etc.)
Water supply source provided by Town of Kill Devil
Hills public water supply system
m. Will water be impounded? x Yes No
If yes, how many acres? 48,953 sf (0.875 acres).
Permanent pond surface area. One pond existing and
will be shared with the Eckerd on adjacent property.
Pending modification of existing stormwater permit
S W7020717
n. If the project is a oceanfront development, when was
the lot(s) platted and recorded? NA
gvl< IN V6 n(3ti cs CU .
NA ae is T?o-?-
Applicant Pr Project Name
Signature
r
Date -?
Harris feeler Food 1 l
ATTACHMENT 2
5eE D2A w ita,,s U NOo2.. Sv p QrrL, (')v c'2-
ATTACHMENT 3
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
i
Action Id. 200411651 County: Dare U.S.G.S. Quad: Manteo
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: JD Land Holdings, LLC c/o Jeff Elliot
Address: Post Office Boa 907
Grandy. North Carolina 27939
Telephone No.: 252449-8484
Size and location of property (waterbody, road name/number, town, etc.) Parcel located at 2012 Croatan Highway, west
side of Hi2hway 158, Kill Devil Hills Dare County. North Caroline PIN # 989313037125
Indicate Which of the Followiua Apply:
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps.
_ There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed_and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
X There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at [phone] to determine
their requirements.
Remarks:
Corps Regulatory Official:
Date 08/17/2004 Expiration Date 08/17/2009
Page 1 of 2
Action Id. 200411651
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a yiofation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Wescott at 252-975-1616 .
Basis F4 Deternunation: Propertv does not contain areas which meet the three parameters specified in the 1987 USAC'E
Wetlarid•nelineation Manual.
Corps Regulatory Official (Initial): W
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated
Determination Information Sheet" to the file copy of this form.
Page 2 of 2
ATTACHMENT 4
ATTACHMENT 4
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1
Nags Head.
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a
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t A
y
Sound Side ` f o es
,s
,. i sevon'
?• 47. Sisters
?_ 3 v\V r1 ?(
11° W
Name: MANTEO Location: 035° 58'23.02" N 075° 39' 6.33" W
Date: 4/1/2005 Caption: FIGURE 1
Scale: 1 inch equals 2000 feet Site Vicinity Map
Harris Teeter-KDH
Copyright (C) 1998, Maptech, Inc.
ATTACHMENT 5
RXIDW INVESTMENTS COMPANY RDK Investments Company
301 South Tryon Street, Suite 1800
Charlotte, NC 28202
[phone]
July 28, 2005
To: Division of Costal Management
NC Department of Environment and Natural Health
Re: Authorized Agent
Major CAMA Permit Application
Proposed Harris Teeter Retail Development Project
Fresh Pond Area of Environmental Concern
Kill Devil Hills, Dare County, NC
To Whom It May Concern:
RDK Investments Company herewith authorizes Quible & Associates, PC to act as its
agent with respect to the above referenced Major CAMA permitting work.
Yours truly,
A&_" +J,41_9?--
Ronald H. Volger
Vice President/Treasurer
RDK Investments Company
v
ATTACHMENT 6
Director of
Assistant
Planning and Inspection
Planning Director
GREG LOY ' ? j'?? MEREDITH GUNS
Planner `'*^e l
t' Zoning Administrator
STEVE ALBRIGHT '_\\i; '+r DONNA ELLIOTT
Secretary _ Building Inspectors
NANCY MILLER THE TOWN OF KILL DEVIL HILLS MATT LOWCHER
NORTH CAROLINA ALVIN ROUNTREE
PLANNING DEPARTMENT
March 28, 2005
Harris Teeter Properties, LLC
C/o Eduardo J. Valdivieso, PE
Quible & Associates, PC
P. O. Drawer 870
Kitty Hawk, NC 27949
Subject: Zoning Compliance Harris Teeter- Proposed 54,966 Sq. Ft. Retail
Grocery Store Including 274 Parking Spaces Located At 2012 S. Croatan
Highway, Lots B & C, Grass Courses, LLC Subdivision (Pin # 9893 13 03
7125 And 9893 13 03 3072)
Dear Mr. Valdivieso:
According to the Official Zoning Map of the Town of Kill Devil Hills, the referenced
Harris Teeter Grocery Store site (Tract B & C, Grass Courses, LLC Subdivision, Pin #
9893 13 03 7125 & 9893 13 03 3072) is located in two zoning districts.
In general the east half of Tract B fronting South Croatan Highway to a depth of 200' is
in a Commercial (C) zone. The remaining western portion of Tract B and Tract C are in a
Light Industrial One (Ll-1) zone.
The purpose of this correspondence is to confirm that the proposed use is listed in
Chapter 153.176(N) and Chapter 153.226(N) of the Kill Devil Hills Town Code
(attached) as a permitted use in both the C and LI-1 zoning districts.
If I can be of further assistance, please do not hesitate to contact me at [phone] or
Steve(a kdhncxom
Regards,
- -In
Steve Albright
Planner
102 Town Hall Drive * PO Box 1719 * Kill Devil Hills, NC 27948 * [phone] * Fax [phone]
t
180 Kill Devil Hills - Land Usage
§ 153.163 OFF-STREET PARKING, DRIVEWAYS, CURBS.
See § 153.076.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01)
§ 153.164 BUFFERS AND SCREENING.
See § 153.073.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01)
COMMERCIAL ZONE (C)
§ 153.175 INTENT.
(A) The Commercial Zone is established primarily to encourage convenient and accessible sales,
service, entertainment, professional and business facilities to the general populace of the town in such
a manner that will not infringe upon nor degrade the natural qualities of residential neighborhoods.
(B) In the Commercial Zone, buildings or lands shall be used for one or more of the following
specified permitted uses or conditional uses and none other.
(Ord. 91-08, passed 11-18-91; Am. Ord. 99-08, passed 5-10-99; Am. Ord. 01-02, passed 2-28-01; Am.
Ord. 02-09, passed 6-10-02)
§ 153.176 PERMITTED USES.
Within the Commercial Zone, no lot, building or structure shall be used and no building or structure
shall be erected which is intended or designed for any other than one or more of the following specified
purposes:
(A) Single-family dwellings;
(B) Duplex dwellings;
(C) Multi-family dwellings of three or more units per dwelling;
(D) Hotels, motels and motor courts;

Zoning Code
(E) On-site accessory uses or buildings to divisions (A), (B), (C) or (D) of this section;
(F) Clinics, hospitals (with a maximum of 30 beds) and nursing homes;
(G) Home occupations as defined herein;
(H) Town-owned and leased facilities;
(1) Playgrounds;
(J) Auditoriums or convention centers, assembly halls, museums;
(K) Places of worship, daycare centers, schools (public or private);
(L) Banks, financial institutions, business or professional offices, post office;
(M) Theaters;
181
(N) Retail business, including drug or grocery stores, hardware stores, gift shops, clothing shops,
book stores, music stores, bait and tackle shops, furniture stores, arts and crafts, florists, pet stores,
produce markets, cycle and skate shops, photo shops, rental shops, electronic equipment, automobile
sales, rentals and repairs, hammocks, boat sales, rentals and repairs, automobile supplies,
thrift/consignment stores, appliance store, toy stores, convenience store, taxicabs, car washes, and home
care systems;
(O) Restaurants, bars, night clubs, drive-ins and bakeries;
(P) Places of business where service is rendered, including barber shops, beauty parlors, nail
salons, personal spa salons, electronic repair shops, shoe repair shops, dry cleaner, clothes tailor,
laundromat, blue print shop and tanning salons;
(Q) Public or private parking lots;
(R) Stores or shops for custom work or for producing products to be sold at retail on the premises,
including art galleries, antique stores, jewelry shops, trophy and engraving shops, wood crafts and
hobbies, sign business, frame shop;
(S) Swimming pools, tennis courts;
(T) Bed and breakfasts (see § 153.156(J) for requirements);
Zoning Code
§ 153.213 OFF-STREET PARKING, DRIVEWAYS, CURBS.
See § 153.076.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01)
§ 153.214 BUFFERS AND SCREENING.
See § 153.073.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01)
§ 153.215 NOISE LIMITS.
195
For uses abutting residential uses, a sound pressure range of less than 60 decibels must be
maintained utilizing an "A" weight scale and a slow response for measurements. For purposes of this
section, sounds generated at or on a site by its employees, agents or operations are included.
(Am. Ord. 01-02, passed 2-28-01)
LIGHT INDUSTRIAL ONE ZONE (LI-1)
§ 153.225 INTENT.
(A) The Light Industrial One (LI-1) Zone is established to provide standards for the location of
commercial services which are required for the development of Kill Devil Hills; such facilities as
wholesale food and beverage warehousing, building supply facilities and other similar uses which are
required elements of a self-sufficient community. It is the intent of this section to regulate and buffer
such uses so that their location will not be detrimental to adjacent uses, the environment and sources of
potable water, such as the fresh pond and groundwater.
(B) In the LI-1 Zone, buildings or lands shall be used for one or more of the following specified
permitted uses or conditional uses and none other.
(Ord. 91-08, passed 11-18-91; Am. Ord. 99-08, passed 5-10-99; Am. Ord. 01-02, passed 2-28-01; Am.
Ord. 02-09, passed 6-10-02)
196
§ 13.226 PERMITTED USES.
Kill Devil Hills - Land Usage
_ In the Light Industrial One Zone, the following uses are permitted:
(A) Single-family dwellings;
(B) Duplex dwellings;
(C) Multi-family dwellings of three or more units per dwelling;
(D) Hotels, motels and motor courts;
(E) On-site accessory uses or buildings to divisions (A), (B), (C) or (D) of this section;
(F) Clinics;
(G) Home occupations as defined herein;
(H) Town-owned and leased facilities;
(I) Playgrounds;
(J) Auditoriums or convention centers, assembly halls, museums;
(K) Places of worship, day care centers, schools (public or private), libraries and buildings for
nonprofit service organizations;
(L) Banks, financial institutions, business or professional offices;
(M) Theaters;
(N) Retail business, including drug or grocery stores, hardware stores, electronic equipment, gift
shops and clothing shops, automobile sales, service and repair, automobile supplies, convenience store,
taxicabs, thrift/consignment shop, furniture stores, art and craft stores, florist, cycle and skate stores,
photo shops, rental shops, appliance store, and home care systems;
(O) Restaurants, drive-ins and bakeries;
(P) Places of business where service is rendered, including barber shops, beauty parlors, electronic
repair shops, shoe repair shops, clothes tailor and laundromat;
ATTACHMENT 7
Sent 8y: JOHN 0 GAIY J9; 2522811322; Jul-25.05 8:18; Page 2/3
617
Filed 8 ok: 1834 Days: 83 Dw id, :1464
R E cl 1 4: xtet9
0610212=5 CEEDi5.PM µC Excise Tax pd: f4^w"?•?
nPA?a CRpY. REGISTER OF DEECS W; CO. NG
i il?i?i i?! ? iili? uiii!? i!?? !»i!?ii??i i!i i?i?i ??i? i?f
Prepared by and rail
after recording to: h core & Van Alin PLLC
1 0 North Tryon Street, Suite 4700
rlottc, North Carolina 28202
tn: B. Palmer McArthur, Jr.
Grantee's Address: F K investnients Company
c o Ruddick Corporation
1 South Tryon Street, Suite 1800
hariottc, North Carolina 28202
ttn: Ronald H. Volzer
PIN No.: 0288290)2
STATE OF NORTH C OLFNA
COUNTY OF DART;
11170289 ?
Piss: 1 of z
earcznocs eaaco
APROVED
DARE COUIM TAX
COLLECTOR
rya. ??~ b ? ? ?D. •
Excise Tax: $4,000.00
ORTIL CAROLINA SPECIAL WARRANTY DEED
TIES IND made as of the 15p-day of 2005, between 1TAC 103, LLC, a
North Carolima limited bility company, as party of the fi part, hereinafter called Grantor, and RDK
INVESTMENTS CO ANY, a North Carulina corporation, whose address is c/o Ruddick Corporation,
301 South Tryon Street, Suite 1800, Charlotte, North Carolina 28202, Attn: Ronald 11. Volgcr, as party of
the second part, hercina ter called Grantee (the words "Grantor" and "Grantee" to include their respective
heirs, successors, and as inns where the context requires or permits).
WITNESSETH that Grantor, for and in consideration of the sum of TEN DOI.F.Alts ($10.00)
AND OTHER GOOD ND VALUABLE CONSIDERATION in hand paid at and before the scaling and
delivery of these preser , the receipt whereof is hereby acknowledged, has granted, bargained, sold and
conveyed, and by these arescrits does grant, bargain, sell and convey unto the said Grantee:
All that certain piece, parcel or tract of land, lying, being and situate in the Town of Kill
Devil Hills, AU tic Township, Dare County, North Carolina, at the northwesterly corner
of the intersect on of Eighth Strcct and U.S. 158 (150' R/W), being shown as "Tract B,
91,762 SQ. Ft. 2.1 ACRES" on that certain plat entitled "Recombination Plat of Grass
Courses LLC" prepared by McKim & Creed, Brant Wise, Lr3780, recorded August 29,
2002, in Plat C binet E, Slide 662, Office of the Dare County, North Carolina Resister of
Deeds.
CILA.lU1869497vl
Sent By: JOHN 0 GAY JR; 2522611322; Jul-25-05 0:10; Page 313
iI `` I ` `11 fft(`I` i' ( 1 ,{II`( Die?22Sat 2
IIIIIiI?I'`,ilt?ll??4;lll?tlll?l??l1???ll?11111i11 0s1r212ocs oa•.sca
The property here above described was acquired by Grantor by instrument recorded in Deed
Book 1602, Page 160, Off' c of the Dare County, North Carolina Register of Deeds.
TO HAVE AND 0 BOLD the said tract or parcel of land, with all and apsingular pertaining, ?o ?0
urtenanes thereof, to the same being, belonging, or in anywi aPP
members, and app
only proper use, benefit, o the said Grantee foiever in FEE SIMPLE.
AND THE SA]
such title 23 Grantor TC4
all persons claiming by,
Title to the prop
1. 2005 ad
2. All cast
record.
IN WITNESS
year above written.
STATE OF NORTH C
COUNTY OF
I,C.AK41tn
state, do hereby certi
that she is Executive
South Carolina Corp
limited liability com'
authorized to do so, c
WITNESS
My commission
[NOTARIAL ST
Grantor covcaantswith the Grantee that Grantor 1123 done nothing to tmpalr deen the tie agst the lawful
ved, and Grantor ;11 w-rant and
der or through Gra>; or, except for chef xceptions hereafter stated. claims of
:v hereinabove described is made subject to the following exceptions:
ataxes; and
restrictions, zoning matters, coven=-- and all other matters of public
IT?.C 103, LLC, a North Carolina limited liability [SEAL)
company
By. Investors Title Accommodation Corporation, a South
Carolina corporation, its sole tnemberlma rtager [SEAL]
BY: [SEAL)
Name: Carol A. Hayden
Title: Executive Vice President
the Graalor has executed this instrument under seal as of the day and
a Notary Public of the aforesaid County and
that Carol A. HayLn personally appeared before me this day and acknowledged
ice President of IjNj,:STORS TITLE ACCOMMODATION CORPORATION, a
'lion, which is the Solc Mcmbcr/Manager of ITAC 103, LLC, a North Carolina
?y, and that she, as Executive Vice President of the sole mcmbcrlmanagcr, being
:cutcd the foregoing on behalf of the limited liability company.
hand and official stamp or seal, this 1 - - day of '.? . 2005.
' Notary T'u c
res;
G CAFlOl1NE A.VOt+Ot+E1•
OR SEAL] tottuy PutAi r
M Commtsslon EXPtras 1.1
CHARZ869497v1
ATTACHMENT 8
\o?OF W ATF,9PG Michael F. Easley, Governor
M William G. Ross Jr., Secretary
a North Carolina Department of Environment and Natural Resources
`(y:
Alan W. Klimek, P.E., Director
Division of Water Quality
April 1, 2005
George Goodrich, Manager
KDHWWTP, LLC
PO Box 3629
Kill Devil Hills, NC 27948
Subject: Permit No. WQ0028558
KDHWWTP, LLC
Harris Teeter - Kdh
Wastewater Collection System Extension
Dare County
Dear Mr. Goodrich:
In accordance with your permit application received March 2, 2005, we are forwarding
herewith Permit No. WQ0028558, dated April 1, 2005, to KDHWWTP, LLC for the construction and
operation of the subject wastewater collection system extension. This permit shall be effective from the
date of issuance until rescinded and shall be subject to the conditions and limitations as specified
therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein
by reference.
Please pay particular attention to Permit Condition 3'which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or
any individual system-wide collection system permit issued to the Permittee.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided
by a North Carolina-licensed Professional Engineer in the application. It shall be the Permittee's
responsibility to ensure that the as-constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute § 143-
215.6A through § 143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
In accordance with the provisions of Article 21 of -Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted
to KDHWWTP, LLC for the construction and operation of approximately 250 linear feet of 8-inch gravity
sewer; a 160-gallon per minute pump station with duplex pumps, on-site audible and visual high water
alarms, and a permanent generator with automatic transfer switch; as well as approximately 3,436
linear feet of 4-inch force main to serve a 23,884 square foot grocery store with a potential 3,640 square
foot expansion and 200 square foot tenant as part of the Harris Teeter - Kdh project, and the discharge
of 6,163 gallons per day of collected domestic wastewater into the KDHWWTP LLC's existing sewerage
system, pursuant to the permit application received March 2, 2005, and in conformity with 15A NCAC 2H
.0200; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable;
the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains
One Pretreatment, Emergency Response and Collection Systems Unit Internet http://l12o.cnr.nc.state.us/11dpu
NorthCarolina 1617 Mail Service Center, Raleigh, NC 27699-1617 An E ual O ortuni Action Em to er
NatltivIl f q pp ty p
Telephone [phone] Fax [phone]%recycled/10%post-consumer paper
adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by
{ the Department of Environment and Natural Resources and considered a part of this permit.
The sewage and wastewater collected by this system shall be treated in the KDHWWTP LLC
Wastewater Treatment Facility (Non-Discharge Permit No. WQ0002829) prior to being discharged into
the receiving stream.
A stormwater management plan shall be submitted to and approved by the Washington
Regional Office in accordance with 15A NCAC 2H .1000.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 1506 of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
Note that the Division has recently reorganized. All sewer related matters are now handled
through the Pretreatment, Emergency Response and Collection Systems Unit under the Point Source
Branch EXCEPT FOR MOST FAST-TRACK PERMITTING WHICH IS HANDLED THROUGH OUR REGIONAL OFFICES.
The Unit is located on the 131h floor of the Archdale building in downtown Raleigh. Please ensure the
letterhead information Is used for all correspondence to ensure timely delivery.
If you need additional information concerning this matter, please contact Marie Doklovic at
[phone] extension 371.
Sincerely,
Ian W. Klimek, P.E.
cc: Dare County Health Department
Washington Regional Office, Water Quality Section (WWTF Permit No. WQ0002829)
Joseph Anlauf, PE, Quible & Associates, PC (PO Drawer 870, Kitty Hawk, NC 27949)
Water Quality Central Files
PERCS (formerly NDPU) Files
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast-Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned
herein.
2. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual
permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H
.0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be
inspected at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute § 143-215.1 C.
4. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be considered
on its merits and may or may not be approved.
5. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
t interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
Per 15A NCAC 2H..0220, upon completion of construction and prior to operation of these permitted
facilities, the completed Engineering Certification form attached to this permit shall be submitted
with the required supporting documents to the address provided on the form. A complete
certification is one where the form is fully executed and the supporting documents are provided as
applicable.
7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes § 143-
215.6A through § 143-215.6C.
9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
10_ The issuance of this permit shall not exempt the Permittee from complying with any and all-statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (local, state
and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A
NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the
Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A
NCAC 213.0200 and 15A NCAC 2H.0500.
11. Noncompliance Notification:
The Permittee shall report by telephone to a water quality staff member at the Washington
Regional Office, telephone number [phone], as soon as possible, but in no case more than 24
hours or on the next working day, following the occurrence or first knowledge of the occurrence of
either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
2
Voice mail messages or faxed information is permissible but this shall not be considered as the initial
verbal report. Overflows and spills occurring outside normal business hours may also be reported to the
Division of Emergency Management at telephone number [phone] or [phone]. Persons
reporting any of the above occurrences shall file a spill report by completing and submitting Part I of
Form CS-SSO (or the most current Division approved form) within five days following first knowledge of
the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the
problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be
completed to show that the SSO was beyond control.
Permit issued this the 1 st day of April, 2005
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
?-' Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0028558
` Permit No. WQ0028558
April 1, 2005
ENGINEER'S CERTIFICATION
Partial Final
I, , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the construction of the Harris Teeter -
KDH project, consisting of approximately 250 linear feet of 8-inch gravity sewer; a 160-gallon per minute
pump station with duplex pumps, on-site audible and visual high water alarms, and a permanent
generator with automatic transfer switch; as well as approximately 3,436 linear feet of 4-inch force main
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance of this permit; 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer
Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design
Criteria for the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials.
North Carolina Professional Engineer's seal, signature, and date:
The above Engineer's Certification shall be completed and submitted to the address below with one
copy of the "Construction Record Drawings" of the wastewater collection system extension as well as
supporting design calculations for any pump stations permitted as part of this project. This project shall
not be considered complete nor allowed to operate until this Engineer's Certification and all required
supporting documentation have been received by the Division. Any wastewater flow made tributary to
the wastewater collection system extension prior to completion of this Engineer's Certification shall be
considered a violation of the permit and shall subject the Permittee to appropriate enforcement
actions.
NORTH CAROLINA DIVISION OF WATER QUALITY
VVATER QUALITY SECTION
PRETREATMENT, EMERGENCY RESPONSE & COLLECTION SYSTEMS UNIT
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
4
ATTACHMENT 9
Peilnit Cla -
flE1J
STATE OF-Nf),I: ~ CAROLINA
.=
Department of Env*6ninent,.Health-& Natural Resources
' . and
Coastali esOurces.gonimiscion
fir;
X Major Development in an Area 6&vironmental Concern
pursuant to NCGS 113A=118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
41-93
Issued to The Grass. Courses. Ltd. Partnership, P p Box 250, Corolla, NC 27927
aorizin devglo lent in Dare --_Coun
M??uuth 158 , W Devil Hills ,C r'.
rkplan drawings. 3. dat
esh Pond, 2014 South Croatan Highw
ested in the permittee's application
3.
This permit, issued on April 2, 1993 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void.
Waste aitd Stormwater Management
1) The waste disposal system will be located 1,200 feet or more from the
Fresh fond.
2) Stormwater runoff will be directed away from the Fresh Fund..
3) A stormwater management plan for this project was approved by the N. C.
Division of Environmental Management on'March 18, 1993. Any violation of
or deviation from that plan will be considered a violation of this
permit.
NME: The permitt:ee should contact the Dare County Mosquito Control
dirsetor prior to construction to discuss mosquito control in
the stormwater retention pond.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must cease when the permit expires on
.December 31. 194A
In issuing this permit, the State of North Carolina agrces
that your project is consistent with the North Carolina
Coastal Managcnlent P1*ogia,ri.
Signed by the authority of the Secretary of DlrlM and the
Chairman of the Coastal Resources Commission.
Roger N. checter, Director
Division of Coastal Management
This pcnnit and its conditions are hereby accepted.
Signature of Pettnittee
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The Gras Course,, Ltd. Partnership Parmit #41-93
Page 2 of 2
ADDITIONAL CONDITIONS
NOTE: The permittee must contact the Dare County Health Department
to obtain a permit for the proposed wastewater aystem prior
to commencement of construction. They may require the follow-
ing information prior to approval of the system:
A. a justifiable estimate of the design sewage flow rate;
B. the inter-relationship between stormwater detention
requirements, the subsurface drainfield, and projected
system performance; and
C. information as to whether advanced pretreatment will be
neoded to meet desired loading rates or groundwater quality
requirements.
Sedimentation and Erosion Control
4) An erosion and sedimentation control plan will be submitted to' and
approved by the Town of Kill Devil Hills at least 30 days prior to
initiation of land-disturbing activities. Any violation of or daviation-
from that plan will be considered a violation of this permit.
5) All disturbed areas will be stabilized within 30 days of completion of
land-disturbing activities.
Operation and Haintenance
NOTE: This project is being coordinated with the Department of
Transportation through their District Office in Elizabeth
City.
NOTE: The proposed food service facilities must be approved and per-
mitted by the local health department prior to construction.
NOTE: The proposed water slide will be considered a "public swimming
pool" and will require plan approval and a permit from the
Dare County Health Department.