20061678 Ver 1_COMPLETE FILE_20061024

e

20061678

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

23 October 2006

MEMORANDUM

EXPRESS PERMIT REVIEW PROGRAM
~rg@rrgD\Ylrg ~

OCT 2 4 Z006

TO:

Cyndi Karoly
Division of Water Quality

DENR. WATER QUAliTY
WETlANDS AND STORYWATER BRANCH

FROM:

David W. Moye
Express Permits Coordinator

SUBJECT:

CAMAlDREDGE & FILL Permit Application Review

Applicant:

Wind Over Waves, LLC
C/O Billy Roughton

Project Location:

Adjacent Pamlico Sound and Midgett Cove in the Town of Salvo on NC
12 in Dare County, North Carolina

Proposed Project:

The applicant proposes to subdivide a site into 57 lots and construct an
asphalt loop road connecting into existing roads.

Please indicate below your agency's position or viewpoint on the proposed project and return
this form by 13 November 2006. 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.

fl

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] \ Intemet: www.nccoastalmanagement.netJ

An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

Wind Over Waves, LLC
C/O Billy Roughton
Dare County
Express Permit Review Program
Page Two

(a portion of which will be located within the Coastal Shoreline AEC) is proposed that will
connect Otter Way and Sand Dollar Drive within the existing portion of Wind Over Waves
Phase II. The road will have a 50' wide right-of-way and a 20' wide paved surface,

Septic systems are proposed for all 57 lots and preliminary approval from Dare
County is attached.

Anticipated impacts

Approximately :1:283,140 ft2 of uplands will be disturbed (grading, filling, etc.) as a
result of the development activities.

David W. Moye - 23 October 2006

'1

THE ATTACHED CAMA MAJOR APPLICATION IS
BEING PROCESSED IN THE EXPRESS PERMIT
REVIEW PROGRAM. PLEASE RETURN TO
DAVID MOVE IN THE WASHINGTON REGIONAL
OFFICE.

...

Wind Over Waves, LLC
C/O Billy Roughton
Dare County
Express Permit Review Program

Project setting

Brian Rubino with Quible & Associates, on behalf of Billy Roughton, has requested
the attached application be processed underthe Express Permit Review Program, fora
57-lot subdivision under the name of Wind Over Waves.

The project site is located on NC 12 in the Town of Salvo on the Pamlico Sound and
Midgett Cove in Dare County, North Carolina. The proposed project site comprises :t38.25
acres, is currently undeveloped, and is Phase III of the Wind Over Waves Subdivision
development.

The rectangular shaped site is bordered by NC 12 and Pamlico Sound, The
property is divided into three distinct sections, The area adjacent NC 12 on the west side
of the site is a wooded area dominated by pines with an under story of vines, herbaceous
shrubs, upland grasses, and sporadic Spartina patens,

The center third of the site is a meadow with cedar, wax myrtle, silverling, golden
rod, Juncus roemerianus, and S. patens. Although Coastal Wetland species are present,
this area is not subject to regular or irregular flooding and has not been claimed as a
Coastal Wetland under the jurisdiction of the Division of Coastal Management. In addition,
the US Army Corps of Engineers (USACOE) delineated the property 5 years ago and did
not claim the bulk of this area as a Section 404 wetland under their jurisdiction.

The remaining third of the site abuts Pamlico Sound to the west and an unnamed
tributary to the south and southeast. This area has been delineated as a Coastal Wetland
under the jurisdiction of the Division of Coastal Management and contains Spartina
alterniflora, J. roemerianus, Distichlis spicata, and S. patens. This Coastal Wetland area
transitions into the meadow described above and Tom Walker of the USACOE has
delineated a portion of this area immediately adjacent to the Coastal Wetland as Section
404 wetlands.

The project site is bordered on the north (upstream) side by developed single-family
properties (Phase II of Wind Over Waves) with similar vegetation. The site is bordered on
the south (downstream) side by an unnamed tributary to the Pamlico Sound and then by
undeveloped property vegetated similar to the applicant's.

Pamlico Sound in this area is classified asSA-NSW by the Environmental
Management Commission and is open to shell fishing. The site ranges from 0 to :t3' above
the normal water level.

Project description

The applicant proposes to subdivide the property into 57 residential building lots.
The lots will range in size from 0.34 acres to 0.80 acres. A :t2,790' long asphalt loop road

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
Express Permit Review Program

1. APPLICANT'S NAME: Wind Over Waves, LLC, C/O Billy Roughton
2. LOCATION OF PROJECT SITE: Adjacent Pamlico Sound and Midgett Cove in Salvo on NC 12 in Dare
County, North Carolina
Photo Index - 2006: 174-7848; D-14-17, E-14-17, F-14-17, G-14-17
State Plane Coordinates - X: 3,050,000 Y: 674,000 GPS Rover File: could not obtain
Rodanthe Quad. (lower right corner)
3, INVESTIGATION TYPE: CAMA

4, INVESTIGATIVE PROCEDURE: Dates of Site Visit -17 October 2006
Was Applicant Present - No

5, PROCESSING PROCEDURE: Application Received - 23 October 2006
Office - Washington

6. SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Developed (land), Conservation (water, wetlands)
(B) AEC(s) Involved: Coastal Shoreline
(C) Water Dependent: NO
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Septic tanks and drain fields
(F) Type of Structures: Existing - None
Planned - Asphalt road
(G) Estimated Annual Rate of Erosion: N/ A
Source - N/ A

7, HABITAT DESCRIPTION:

(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other :f:283,140 fF
Highground

DREDGED

[AREA]
FILLED

OTHER

(D) . Total Area Disturbed: :f:6.5 acres (:f:283,140 sq. ft.)
(E) Primary Nursery Area: No
(F) Water Classification: SA-NSW Open: YES

8. PROJECT SUMMARY: The applicant proposes to subdivide the :f:38.25 acre property into 57 lots and
construct an asphalt access loop road connecting into existing roads.

Quible

Quible & Associates, P.C,

P.O. Drawer 870
Kitty Hawk. NC 27949
Phone: [phone]
Fax: [phone]

ENGINEERING. ENVIRONMENTAL SCIENCES. PLANNING. SURVEYING
SINCE 1959

October 17, 2006

PRINCIPALS
Sean C, Boyle. P.E,
Joseph S, lassiter. C.E.P.
Eduardo J. Valdivieso, P.E.

Mr. David Moye
NC Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889

ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello. P.L.S.

RE: CAMA Major Permit Application Package- Express
Wind Over Waves, LLC

Mr. Moye:

The enclosed CAMA Major Application Package is for the Wind Over Waves, Phase III project
in Salvo, Dare County, North Carolina. The property is located on the west side of NC 12 in
Salvo, NC and includes a 38.25 acre parcel (total Phase III area landward of the normal water
line). The proposed project in entirety includes a 57 lot residential subdivision. The site plan
accurately depicts the project as proposed. The lots will be individually sold and built upon by
future property owners at a later date. A CAMA Major Permit is required due to the location of
a small portion of the proposed road lying within the 75 ft Estuarine Area of Environmental
Concern (AEC), and the total disturbance associated with roadway construction exceeding 1
acre, thus requiring a DWQ Stormwater Management Plan and a DLRErosion and
Sedimentation Control Plan. A stormwater Permit (No. SW7050909) was issued on September
26, 2005 and an Erosion and Sedimentation Control Plan (Dare-2006-012) was issued on May
1 , 2006.

The enclosed site plan indicates the entire roadway and highlights the proposed area of
disturbance within the AEC. The total proposed impervious coverage within the AEC is 6,756
sq.ft. (1.27%) and the total ground disturbance within the AEC will be 15,120 sq,ft. and includes
road surface, grading and installation of underground utilities (water, electric and cable).

There is no proposed wetland impact associated with the project. Similarly, no disturbance is
proposed within the 30 ft vegetative buffer. The confirmed Section 404 wetland line confirmed
by USACE on January 3, 2002, and the current coastal wetlands line established by NCDCM in
August 2006 are depicted on the site plan. Prior to expiration of the existing Section 404
wetlands plat, USACE has agreed to adopt the more restrictive wetlands line which is the
coastal wetlands line. This will be done when the nationwide moratorium on issuance of
USACE jurisdictional determinations is lifted.

I have addressed the items and requests for additional information from the preliminary review
of this application package and have included 27 copies of the following information as we
discussed:

· $2,000 CAMA Major Express Review Fee
· CAMA Applications MP-1 and MP-3
· Agent Authorization letter

· CAMA Major Site Plan, 10/16/06 Revision Date
· Confirmed Section 404 Wetlands Plat
· Documentation of applicant's affiliation with Wind Over Waves, LLC as required
· Property Deed
· Letters to Adjacent Riparian Land Owners and certified mail receipts
· Erosion and Sedimentation Control Plan (Dare-2006-012)
· Stormwater Management Permit (No. SW7050909)
· Preliminary Plat Approval Letter from Dare County
· Approval for water main extension

Thanks for your attention to this project. You can reach me at [phone] if you have any
questions regarding this project.

Respectfully Submitted,
Quible & Associates, P. C.

Brian Rubino

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1/ form DCM-MP-l
. ..

20061678

APPLICATION

(To be completed by all applicants)

1. APPLICANT

a. Landowner:

Name Wind Over Waves. LLC
Attn: Billv Roughton

Address P.O. Box 1877

City Kill Devil Hills

State NC

Zip 27948

Day Phone [phone]

Fax

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) Wind Over Waves. Phase ill
NOTE: Permit will be issued in name of landowner( s), and/or
project name.

2. LOCATION OF PROPOSED
PROJECT

a. County Dare

b. City, town, community or landmark
Salvo

c. Street address or secondary road number
west side of N.C. 12 in Salvo
Revised 03/95

,

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) Pamlico Sound (Midgett Cove)

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.
Construct a residential subdivision roadway to access
57 residential lots: lots to be developed on an
individual basis at a later time

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? Public access road

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.
Construction of the road will include site grading and
clearing within a 50 it wide right-of-way to provide a
road that adheres to NCDOT regulations. The right-
of-way will include a 20 ft wide paved surface with a
crowned center underlain by aggregate subgrades.
There will be shallow swales on both sides of the road
for stormwater collection and treatment. constructed
with 3: 1 side slopes. A water main will ruIithe length, .
of the roadway for service to each future. lot owner
along with underground electric and cable.

4. LAND AND WATER
CHARACTERISTICS

a.

Size of entire tract 38.25 acres (Total Phase ill area
landward of nwl)

'f';

Form DCM-MP-l
. ..

b. Size of individuallot(s) 57 lots- see plat for areas of
each lot 05.000 to 35.000 SQ. ft.)

c. Approximate elevation of tract above MHW or NWL
3'

d. Soil type(s) and texture(s) of tract
USDA lists the propertv as CeA Carteret Sand. CoB
Corolla sand. DtA Duckston fine sand. sandv.

e. Vegetation on tract Tvpical upland: loblollv pine. red
cedar. wax myrtle; Tvpical wetland: black needle
rush. saltmeadow cordgrass. groundsel bush

f. Man-made features now on tract N/ A

g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan.)

Conservation Transitional
----1L- Developed _ Community
Rural Other

h. How is the tract zoned by local government?
S-I. Special District

i. Is the proposed project consistent with the applicable
zoning? -1L. Yes _No
(Attach zoning compliance certificate, if applicable)
See February 21, 2006 Preliminary Plat Approval
Letter from Dare County Planning Dept.

J. Has a professional archaeological assessment been
done for the tract? Yes ~ 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 -L- No

1. Are there wetlands on the site? ~ Yes No
Coastal (marsh) x Other 404
If yes, has a delineation been conducted? Yes
(Attach documentation, ifavailable)- see confirmed USACE
404 line on CAMA plat; line confirmed by William T.
Walker on 1-3-02; coastal wetland line delineated by
Ted Tyndall and John Cece in August 2006

m. Describe existing wastewater treatment facilities.
None- future on-site septic systems

Revised 03/95

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.)Minor surface
runoff may occur
o. Describe existing drinking water supply source.
None

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.

· An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 W' 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 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.

· A Stormwater Certification, if one is necessary.

· A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats by
certified mail. Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal

Form DCM-MP-l

..

Management. Upon signing this form, the applicant
further certifies that such notice has been provided.

Name Howard and Kimberlv Reich
Address 12208 Grove Park Court, Potomac, MD 20854
Phone

Name
Address
Phone

John H. Cornwell, Jr.
9607 Glencrest Ln., Kensington, MD 20895

Name
Address
Phone

David P. Farrow, Jr.
P.O. Box 181, Manteo, NC 27954

Name
Address
Phone

· A list of previous state or federal permits issued for work
on the project tract. Include permit numbers, permittee, and
issuing dates.

NA

· 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 AEC 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.

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.

Revised 03/95

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 R- day of Oc...-t. ,200 b

Print Name Wif\J.. OveJ vJ~"u \ LL c..

Signature ~ ~ - q -p-
Landowner or Authorized Agent

Please indicate attachments pertaining to your proposed project.

DCM MP-2
X- DCM MP-3
DCM MP-4
DCM MP-5
DCM MP-6

Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development

NOTE: Please sign and date each attachment in the space
provided at the bottom of each form.

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 The roadway is the only structure
tJroposed at this time. In the future. there will be 57
single family residential lots.

b. Number of lots or parcels 57 lots

c. Density (give the number of residential units and the
units per acre) At build-out there will be 1.12 units
per acre.

d. Size of area to be graded, filled or disturbed including
roads, ditches, etc. The total maximum area of
disturbance is 6.5 acres. Total disturbance within the
proposed right-of-way is 3.23 acres and proposed
disturbance within the ABC is 15.120 sq.ft. (0.35
acres). Other site disturbance covered in the 6.5 acre
total include areas of clearing and construction
material staging (none of this is within the ABC)

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 PermitiSSUed on May 1. 2006

f. List the materials (such as marl, paver stone, asphalt,
or concrete) to be used for paved surfaces.
Asphalt and ABC

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. 1.27%

Revised 03/95

h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
~Yes _No
If yes, date submitted Permit issued on September 26.
2005

I. Describe proposed method of sewage disposal.
On-site septic systems proposed

J. Have the facilities described in Item I. above received
state or local approval? Soil conditions have been
deemed suitable by the local health dept. Future lot
owners will individually apply for authorization to
construct systems.
(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).
Surface runoff

1. Describe proposed drinking water supply source (e.g.
well, community, public system, etc.)
Dare County Water Distribution System
(See Water Main Extension Approval)

m. Will water be impounded? _ Yes ~No
If yes, how many acres?

n. If the project is a oceanfront development, when was
the lot(s) platted and recorded? N/A

VJ ~ "rJ.. o,,~ WC/I..\I.J1..J \ t, L- '-
Applicant or Project Name -:-I--
f:AA/\~ -~~
Signature
t I) -r"T -0 b
Date

October 16, 2006

FROM: Billy Roughton, Wind Over Waves, LLC

TO: Regulatory Agencies

RE: Environmental Permitting
Wind Over Waves Development, Phase III

As the representing party for Wind Over Waves, LLC, I authorize Quible & Associates,
P.C. to act my agent for the purpose of environmental permitting, including CAMA Major

PZ.~

Billy Roughton

/6 ~t /~6

Date

Elaine F. Marshall
Secretary

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North Carolina

EPARTMENT OF THE
ECRE'TARYOF TATE

PO 80x29622 Raleigh, NC 27626-0622 [phone]

Date: 10/16/2006

Click here to:
View Document Filings I
l:;]Print apre-populated Annual Report Form I Annual Report Count I File an Annual

Report I

Corporation Names

Name Name Type
NC Wind Over Waves, LLC Legal
Limited Liability Company Information

SOSID:

Status:

Date Formed:
Citizenship:

State of Inc.:
Duration:

Registered Agent

0570387

Current-Active
11/16/2000
Domestic
NC
Perpetual

Agent Name:
Registered Office Address:

Roughton, Billy G.

2522 S. Virginia Dare Trail
Nags Head NC 27959

PO Box 1877
Kill Devil Hills NC 27948

2522 S. Virginia Dare Trail
Nags Head NC 27959

PO Box 1877
Kill Devil Hills NC 27948

Registered Mailing Address:

Principal Office Address:

Principal Mailing Address:

For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster.

http://www.secretary.state.nc.us/Corporations/Corp.aspx ?PiternId=5292932

10/1612006

J

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APPROVFD
DARE COUNlY TAX
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Excise Tax $1542,00

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'i: >:::::\, .: ./.::}: Recording Time. Book and Page

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Tax Lot No, ...9.(i.4IO~J."9.4.,?~()9,,.Jp~nJ.. ..(':;;:.':;;~.;~1~:r)a:~~tifier No..O.12821".OOO.(.part) ."
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This instrument was prepared by... 't A6hm~lil:(:iP'. Pipkin, .'ii~qGlr~.'..'~:';;:'''.
.:"'::" :: : : . :" .' .::
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NORt:. . .:6LINA:,d:e:N::EI~.AL WARRANTY DEED
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THIS DEED made this ::;,.".t.!:.~" lilay of '.:,.;.:::".:;:...l. ...2003.. ~U. , by and between
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G'i~:A:N'TOR ',:.:.:.:..,:

Ashmead p, (Pringle) Pipkin and
Marjorie A. Pipkin, his wife, and
Pipkin I Limited Partnership, a North
Carolina Limited Partnership acting by
its General Partner, Prometheus Partners
Inc., a North Carolina Corporation
119 Pasquotank Drive
Raleigh, N,C. 27609

GRANTEE

Wind Over Waves, LLC
a North Carolina Limited
Liability Company, P,Q. Box 1877
Kill Devil Hills, N.C, 27948

Enter In appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnel'shlp.

The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.

WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargai n, sell and convey unto the G,'antee in fee simple, all that

certain lot or parcel of land situated in the Otbt](JOJC Community. of .Sa1",,0... ...Kinnakee.t Township,

..... ..........Dare . .... County, North Carolina and more particularly described as follows:

As set forth on the attached description captioned "Salvo Property"
which is incorporated herein by reference,

N. C. Bar A,,!toc. Form No.3 @ J 976. Revised @ 1977 J~rTI1tSW.lIiDms& Co., Inc., BOil 127, Vadklnllllle,N. C, 21056
PrillledbyAIJT_ntwithIM~.C.BDrA.s.soc.' 198'

,.

I \1I1~ II~I "" \\111 11111 \\11111 \\1 11111 \\11 \111

....182
pa.., 201 4
12/21/211S ..: 4ePII

Th. pro,.", h~l..ho% 'u,,,o., W::'.."I:.:YG:~~;;~\"~):?==I"................................... .........................

A map showing the above described property is recorded'"j\l,.P.iat':~d~::;:.'.C;Il1:l:l..r;~.t;:...A........... page... ...2.JL..

TO HAVE AND TO HOLD the aforesaid lot or par:\lll). :~~i\~~ili:~~d,,'~il pr<{~~/g~itaJld appurtenances5thereto belonging to
the Grantee in fee simple. "", ': ",:",: ,/

And the Grantor covenants with the Grantee.... .' ":'i~' seized of the premises in fee simple. has the right to convey
the same in fee simple, that title is mark" clear of all.~mcumbrances. and that Grantor will warrant and
defend the title against the lawful claims rnsoever exctiiSt for the exceptions hereinafter stated.
Title to the property hereinabove describ, ~~, to the folio . .:~~eptions:

1. All exceptions oli,:::r~~~ild.;( ",:" " ,,;;;.., '\..
2,

be pro rated to date of closing,

"::::.

'i"\",,

IN wl.pkES~ WHEREOF. the Grantor has hereunto set his hand and seal, or U corporate. has caused this Instrument to be 11c:ned in Its
corpo.rate JJaJD'e .1Ii-. its duly authQrized olticers and its seal to be hereunto affixed by auUtorlty of Its Board of Directors, the day and. year lust

above~:~~~~~f~~t~iL,..LIMITED PARTNERSHIP ~Q,rA ~ ~ '1 f'
.-~$'~,~.,-:,ilR6MB~~;:lo~Jt~;:;;;Hrop-;h-------m--- :s n_ As -a-dn:Pr-~-ngleu -~-fj14~------n------(S1lAL)
. ~'.".' ~e ..0:'.' artner z.,~. _ / //./-
Dr' :>:. :::, ' :!..'~"', _______.u_________n_nUun.h 0 ,% - f). v:. ~/ ~
= :: ;" fl tp ~ B'l!~Il~ ~ - -Hu-r- -U1\---prleih-- - uu______n__m_______(SEAL)
':; <'.' : ~~: ~ ,::'J:: ... ar 0 e . p n
_"~~~.:.~':~-~gn~";___.~.~: ,~...id.nt l:l:
AT'l'J!:'Il,1':"; ,'.' ..., . ,'k.'\,'f? ~
. , ~, l\,R~ t:. ~ _ '" ______u..nn_.h__uuu___n__n.__u__nn_n__n_u_u__(SEAL)
-- n~ :.:,~~~6~~~o~3u~cjL-:Q~--~-.._------ ~

_______h..;~C:~~;~~~-~-'~.-/-'..~e.rietary (c~rporate Sui) ~
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n_____n_ _ n__ __ _n_ _ _ n__ __ ______________.nn___ n_ _____h(S1lAL)

NORTH CAROLINA, __ uu_}iMf:__ _____u___h____n_ County.

I. a Notary PUblic or the County and stat. aror.sald. certify that __A.ehlJ.l~J!!9__P..__!Et'..til&l.J:l)u___.nu
_ _. R..:!.P..!<.:!.EJ_ _ ~_1}~__ ~!<!~j ~}::!~ _ A,_ _R.. :!.p..l.<'-AEJ_~_.h ~_ ~_ ~~_~ ~_ _ _ __ _ _ __u _ _ u _ _ __u _ _ _n _ unn _ _n _ Grantor,

personally appeared before me this day and acknowledced the exeeuUon of the fortl'olng Instrument. Witness lilY

ha.nd and official .tamp or ..al, this :J_~_~_ day 01 __Ee_l2_____nn___________u_____nu' lliL2Q03

My commission expires: ul:?:::~2=__'?.!?~J_uu___u_ nn1l~~_(~_u._____unnu_ Notary Pnbll.e

SEAL-STAMP

NoaTH CAROLINA, __u__________________n__________County.
I, a Notary publie of the County and State Iltorelald, certify that

S personally came before Dle tbls day and acknowledl'ed that nn he I. __________n__nh_nn____ Secretary of

~ .n_____n___n_h_______n_nnn______________n_..n_ a Nortll Carollna corporation, and that bY authority duly
i liven and as the act ot the corporation. the foregolnl' Instrument wa$ sll'ned in ib Dame by its n______nU___

~ President, sealed with Its corporate seal and attested by __nu__n_ as Us _________u_______u_______ Secretary.

Witness my hand and. olfidal stamp or seal, this __...........day of __nu__Unu____n....__U, It..._.._____.

l\ry coanmission flxplrel: ___..___________..______________ __........____.._...._......____________..._________ Notary Public

Tbe torel'olnl' Certlticate(s) or

is/are eelttried to be eCtrtect. This itlsttument
lirst pace hereof.

ertlflcate are duly reelstered at the date anel tlme and In the Book and Pale shown on tb.e

N. C. Bar Assoc. Form No.3 @ 1976. Revised @ 1977. JIIITIeSWilt;.msll< Co.. Joc.. SOl< 127, VadkInYllle,N. C_21OS5
Pnntlld bV Agreement with Ihl N. C, Bar Auoc. _ 1001

~

I

111111I11111111111I111111111111111111111111111111I1111 :;~~; :4141P~

STATE OF NORTH CAROLINA

Acknowledgement for
COUNTY OF MECKLENBURG Pipkin I Limited Partnership
On thiS~~ day Of~~~ ' 2003, personally came
before me Anne P. Benson who, being ~r\~.e ~~lY sworn, says that
she is the Vice President of prom~i~~:.. : "a:i~~ers, Inc., a North
Carolina Corporation, and that .F'h,~ .:~: fixed to the
foregoing North Carolina Ge~~~:~~::::~~:~~~h~y Deed to Wind Over
Waves, LLC, is the corpof.~ \~:e~.J. .;bf this corporation, and that
this deed was signed a,~~:;::~~~l:~~':':b~ her on behalf of this
corporation by aut~;; . .: '::~~~~':;~iven ..~:~~:i~~cott Benson, Secretary

" .... .' ~ ~
acknowledged th~:I::~:?~~9.:6~}1g:' instru~f!:t.i~;::.t!:Gl:::;h~ the act and deed of
this corpor~.t;i~~:~;~::~~~~~~i:::~n i t~:.:.~:~~~;~~:~y ~~::. the General Partner
of PiPki~::ii~~:;:~:~~::t:~;~':':partne~~~~p!;::"::~ ::fi;),ith Carolina limited
partne~~~:~;':;::;:::~~::;;;~ act of6~~t:.: ':::"L~~d partnership duly
authori:i:~a\;8yY it done in 2h~':::. a!he of Pipkin I Limited
:::::.:.:...::' "::.:.:.:...:'

Partnership.

"t'~.'
\Illl~.;"
,\,,"", S 1t1!;~AL ,
.;/'~ }~~..':)0~"~\~:~

....;' )i\ ~ ~o::
':.};:::.. ,\,;; ~ :~/-~! ~

.. 0 .'
. .~.~.:"'....~~,f. .....

~ ~CDP, i<.~
Notary Public
My commission expires: vJUf/i.., 05:~oo5
,

NORTH CAROLINA
DARE COUNTY

The~(~g certificat~s) qf ~ . r 01 \ if
. \ Z . ~ Notary(ies) Public is/are
certIfied to be correct. This instrwnent and this certificate are duly registered at the date
and time and in the Book and Page shown on the first page hereof
B~bar~ M, !!!~r\Register of Deeds for D~e County? NC
By. ~~ ~ .~~~ AsSIstant Regtster of Deeds

..

1I111UIIIIIIII IImlll 111111 1111 mllllllllllll mil mil :;=::~ :. ,.eP~

SALVO PROPERTY

TRACT I

Tract I is all of that real eSl~;~ ~:ar the community

of Salvo shown on the map captio.p:~. l<il;:,;;of Survey for
Ashmead Pringle Pipkin and ::~~~~:::~:~::::, r1 1n, II, dated June
1, 1979, revised SePtem~;;~{~(:::.l~~:7..~it and December 3, 1979"
by Interstate Engine~~;~, .,;:. ':.. .::~.~;i:ing, recorded Dare County
Registry, Plat ca:~:i"l'i: :;:~<:;s1iCie 23~,..:~t.\,ing west of Highway
N.C,
less
this

Registi'y.:::::~~.f'nd Over waves:'::...,.:.~se I) and by a deed dated July

of portions of

deed dated April

165, Dare County

19, 2002, and recorded Book 1442,page 333, Dare County

Registry (Wind Over Waves Phase II),

TRACT II

Tract II is all of that real estate shown on the map

captioned "Plat of Survey of P.G. Farrow Tract for Ashmead

P. 'Pipkin and John B, Pipkin, II, dated June 4, 1981" by

Interstate Engineering & Surveying, recorded Dare County

Registry Plat Cabinet B, Slide 52, lying east of Highway

N.C. 12 and west of the u.S. National Park Service land,

~~,Quible

Quible & Associates, P,C,

P:O. Drawer 870
Kitty Hawk, NC 27949
Phone: [phone]
Fax: [phone]

ENGINEERiNG. ENVIRONMENTAL SCIENCES. PLANNING. SURVEYING
SINCE 1959

October 4, 2006

PRINCIPALS
Sean C. Boyle, PE.
Joseph S. lassiter, C.E.P,
Eduardo J, Valdivleso, P.E.

Daniel P. Farrow, Jr.
P.O. Box 181
Manteo, NC 27954

ASSOCIATES
Joseph J. Anlauf. P.E.
Katherine C. Marchello, P.L.S.

RE: CAMA Major Permitting for Wind Over Waves, Phase III
Salvo, Dare County, North Carolina

Mr. Farrow:

As adjacent riparian property owner to the Waves Village, liC Porperty (Site of Waves Village Subdivision, Phase
m- residential development) in Salvo, Dare County North Carolina, you are required by NCDENR, Division of
Coastal Management to be notified of the proposed work within the 75- foot Estuarine Area of Environmental
Concern (ABC) that requires Minor CAMA Permitting. As depicted on the accompanying site plan, the applicant
proposes to subdivide the subject property into 57 residential lots. The only work proposed within the ABC is a small
portion of the roadway extension of N. Sand Dollar Drive and associated underground utilities. There are no
wetland impacts proposed and there is no proposed work within the 30- foot vegetative buffer.

Should you have no objections to the proposed work, please check the statement below, sign and date the blanks
below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870,
Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files.

Should you have objections to this proposal, please send your written comments to Mr. David Moye, NC Division of
Coastal Management, 943 Washington Square Mall, Washington, NC 27889. Written comments must be received
within 30 days of receipt of this notice.

Failure to respond in either method within 30 days will be interpreted as no objection.

Sincerely,
Quible and Associates, P.C.

~~

Brian Rubino

_ I have no objection to the project as presently proposed and hereby waive that right of objection as provided
in General Statute 113-229.

_ I have objections to the project as presently proposed and have enclosed comments

Signature

Date

~. '. Quible

Quible & Associates, P.C,

P.O. Drawer 870
Kitty Hawk. NC 27949
Phone: [phone]
Fax: [phone]

ENGINEERING. ENVIRONMENTAL SCIENCES. PLANNING. SURVEYING
SINCE 1959

October 4, 2006

PRINCIPALS
Sean C. Boyle. P.E.
Joseph S. Lassiter. C.E.P.
Eduardo J. Valdlvleso. P.E,

John H. Cornwell
9607 Glencrest Lane
Kensington, MD 20895

ASSOCIATES
Joseph J. Anlauf. P.E.
Katherine C. Marchello. P.L.S.

RE: CAMA Major Permitting for Wind Over Waves, Phase III
Salvo, Dare County, North Carolina

Mr. Cornwell:

As adjacent riparian property owner to the Waves Village, LLC Porperty (Site of Waves Village Subdivision, Phase
III- residential development) in Salvo, Dare County North Carolina, you are required by NCDENR, Division of
Coastal Management to be notified of the proposed work within the 75- foot Estuarine Area of Environmental
Concern (ABC) that requires Minor CAMA Permitting. As depicted on the accompanying site plan, the applicant
proposes to subdivide the subject property into 57 residential lots. The only work proposed within the ABC is a small
portion of the roadway extension of N. Sand Dollar Drive and associated underground utilities. There are no
wetland impacts proposed and there is no proposed work within the 30- foot vegetative buffer.

Should you have no objections to the proposed work, please check the statement below, sign and date the blanks
below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870,
Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files.

Should you have objections to this proposal, please send your written comments to Mr. David Moye, NC Division of
Coastal Management, 943 Washington Square Mall, Washington, NC 27889. Written comments must be received
within 30 days of receipt of this notice.

Failure to respond in either method within 30 days will be interpreted as no objection.

Sincerely,
Quible and Associates, P.C.

~~

Brian Rubino

- I have no objection to the project as presently proposed and hereby waive that right of objection as provided
in General Statute 113-229.

_ I have objections to the project as presently proposed and have enclosed comments

Signature

Date

( "

Quible

Quible & Associates, P,C,

ENGINEERING. ENVIRONMENTAL SCIENCES. PLANNING. SURVEYING
SINCE 1959

October 4, 2006

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. Valdivieso. P.E.

Howard and Kimberly Reich
12208 Grove Park Court
Potomac, MD 20854

ASSOCIATES
Joseph J. Anlauf. P.E.
Katherine C. Marchello. P.L.S.

RE: CAMA Major Permitting for Wind Over Waves, Phase III
Salvo, Dare County, North Carolina

Sir/Madam:

As adjacent riparian property owner to the Waves Village, LLC Porperty (Site of Waves Village Subdivision, Phase
III- residential development) in Salvo, Dare County North Carolina, you are required by NCDENR, Division of
Coastal Management to be notified of the proposed work within the 75- foot Estuarine Area of Environmental
Concern (ABC) that requires Minor CAMA Permitting, As depicted on the accompanying site plan, the applicant
proposes to subdivide the subject property into 57 residential lots. The only work proposed within the ABC is a small
portion of the roadway extension of N, Sand Dollar Drive and associated underground utilities, There are no
wetland impacts proposed and there is no proposed work within the 30- foot vegetative buffer.

Should you have no objections to the proposed work, please check the statement below, sign and date the blanks
below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.e., PO Drawer 870,
Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files.

Should you have objections to this proposal, please send your written comments to Mr. David Moye, NC Division of
Coastal Management, 943 Washington Square Mall, Washington, NC 27889. Written comments must be received
within 30 days of receipt of this notice.

Failure to respond in either method within 30 days will be interpreted as no objection.

Sincerely,
Quible and Associates, P.C.

~.~

Brian Rubino

_ I have no objection to the project as presently proposed and hereby waive that right of objection as provided
in General Statute 113-229.

_ I have objections to the project as presently proposed and have enclosed comments

Signature

Date

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Michael F, Easley, Governor

William G, Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

September 26, 2005
Mr. Billy G. Roughton, Member/Manager
Wind Over Waves, LLC
PO Box 1877
Kill Devil Hills, NC. 27948

Subject:

Stormwater Permit No. SW7050909
Wind Over Waves"':' Phase III
Low Density Subdivision Permit.
Dare County

Dear Mr. ROl,.lghton:

The Washington Regional Office received a complete Stormwater Management Permit
Application for Wind Over Waves - Phase III, on September 8, 2005, Staff review of
the plans and specifications has determined that the project, as proposed, will comply
with the Stormwater Regulations set forth in Title 15A NCAC 2H.1 000. We are
forwarding Permit No. SW7050909, dated September 26, 2005, for the construction of
the subject project.

This permit shall be effective from the date of issuance until rescinded and shall be
subject to the conditions and limitations as specified therein, and does not supercede
any other agency permit that may be required.

If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. ThiS request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.

If you have any questions, or need additional information concerning this matter, please
contact either Scott Vinson or me at [phone].

;;:IY,

AI Hod
Regional Superviso
SUllace Water Protection Section

cc:

C:\STORMWA TER\PERMIT\SW7050909

,tAddie Valdivieso, PE
Dare County Building Inspections
Washington Regional Office
Central Files

~jthCaJ
/Vt/llm

AH/sav:

North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone]
Internet: h2o.enr,state.nc.us 943 Washington Square Mall, Washington, NC 27889

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Customer Service
1-877-623-6748

i~" ':

'"
( .,

"

State Stormwater Management ~stems
Permit No.SW7050909

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY

STATE STORMWA TER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT

In accordance with the provisions of Article 21 of Chapter 143, General $tatutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations

PERMISSION IS HEREBY GRANTED TO

Wind Over Waves, LLC

Wind Over Waves - Phase 11/

Dare County

FOR THE

construction, operation and maintenance. of a low density SUbdivision. in.. compliance
with the provisions of 15A NCAC 2H ,1000 (hereafter referred to as the.'.'stormwater
rules'1 and the approved stormwater management plans and specifications, and other
supporting data as attached and on file witli and approved by the Divi~ion of Water
Quality and considered a part of this permit .

The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:

I. DESIGN STANDARDS

1.

Each of the 57 lots is limited to a maximum of (see Table 1) square feet of built-
upon area, as indicated in the approved plans. CAMA regulations may reduce
the allowable built-upon area for those lots within the AEC.

The overall tract built-upon area percentage or lot sizes for the project must be
maint~ined at 25% per the requirements of Section .1005 of the stormwater
rules,

Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit

Projects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters,

The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.

All roof drains must terminate at least 30' from the mean high water mark.

2,

3.

4.

5.

6.

Page 2 of 5

State Stormwater Management Sfstems
Permit No.SW7050909 < 'r

.&'.

II. SCHEDULE OF COMPLIANCE

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1.

Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built-upon surface.

During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.

The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at
optimum efficiency to include:
a. Inspections
b. Sediment removal.
c. Mowin~J and revegetating of the side slopes,
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications. .

The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:

a. Any revision to any of the items shown on the approved plans, including
the ~tormwater management system, design concept, built'-upon area,
detqils, etc.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area or to the
drainage ar~a.
e. Further subdivision, .acguisition, or sellin~oftheproject area.
f. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.

The Director may determine that other revisions to the project should require a
modification to the permit.

The permittee shall submit all information requested by the Director or his
representativ~ within the time frame specified in the written information request.

No piping shall be allowed except that minimum amount necessary to direct
runoff beneath an impervious surface such as a road and that minImum amount
needed under driveways to provide access to lots.

Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.

The permittee is responsible for verifying that the proposed built-upon area does
not exceed the allowable built-upon area. Once the lot transfer is complete, the
built-upon area may not be revised without approval from the Division of Water
Quality, and responsibility for meethig the builf-upon area limit is transferred to
the i~dividual propf,3rty owner, pro~ided th~t the permittee complies with the
reqUirements of Section 11.11 of thiS permIt.. .. '.

Within 30 days of completion of the project, the permittee must certify in writing
that the project's stormwater controls, and impervious surfaces have been
constructed within substantial intent of the approved plans and specifications.
Any deviation from the approved plans must be noted on the Certification.

Page 3 of 5

2.

3.

4.

5.

6.

7.

8.

9.

10.

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11.

State Stormwater Management Systems
Permit No.SW7050909

Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
Recorded deed restrictions must include, as a minimum, the following
statements related to stormwater management:

a.

12.

13,

14.

15.

b,

The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7050909, as issued by
the Division of Water Q'uality under NCAC 2H.1000.

The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater .
Management Permit.

These covenants are to run with the land and be binding on all persons
and parties claiming under them.

The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.

Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.

The maximum built-upon area per lot is (see Table 1) square feet. This
allotted amount includes 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, and
coquina, but does not include raised, open wood decking, or the water
surface of s~imming pools.

Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings,
is strictly prohibited by any persons.

Each lot will maintain a 30' wide vegetated buffer between all impervious
areas and surface waters.

All roof drains shall terminate at least 30' from the mean high water mark.

c.

d.

e.

f.

g.

h,

i.

The permittee shall submit a copy of the recorded deed restrictions which
indicates the approved built-upon area per lot within 30 days of the date of
recording.

If the permittee sets up an Architectural Review Committee (ARC) to review
plans for compliance with the restrictions, the plans reviewed must include all
proposed built-upon area (BUA). Any approvals given by the ARC do not relieve
the lot owner of the responsibility to maintain compliance with the permitted BUA
limit.

The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit' a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and-certification in' writing to the" Director
that the changes have been made.

Stormwater conveyances will be located in either dedicated right-of-way (public
or private), recorded common areas or recorded drainage easements. The final
plats for the project will be recorded showing all such required easements, in
accordance with the approved plans.
Page 4 of 5

State Stormwater Management Sfstems ,-
Permit No.SW7050909

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III. GENERAL CONDITIONS

1. Failure to abide by the conditions .and limitations contained in this permit may
subjeCt the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.

2. The permit issued shall continue in force and effect until revoked or terminated.

3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance, or
termination does not stay any permit condition,

4, The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or.terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1 000; and North Carolina General
Statute 143...215.1 et. al. .

5. The permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
reissuance of the permit to change the name and incorporate such other
requirements as may be necessary. A formal permit reqlJest must pe submitted
to the Division of Water Quality accompanied by the appropriate fee,
documentation from both parties involved, and other supporting materials as may
be appropriate, The approval of this request will be considered on its merits, and
mayor may not be approved.

6. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the permit transfer request. Transfers to third
parties by the permittee where the required documentation has not been
submitted to the Division does not relieve the permittee of responsibility for
transferring the permit. .

7. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state and federal) which have jurisdiction. If
any of those permits result in revisions to the plans, a permit modification must
be submitted.. . .

8. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater management
system and it's components.

9. The permittee shall notify the Division of Water Quality of any name,
ownership or mailing address changes within 30 days.

Permit issued this the 26th day of September, 2005,
RTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION

~-----------------------------------

for

L
--~-~- ------ --.

Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

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Page 5 of5

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State of North Carolina
Department of Environment and Natural Resources
Washington Regional Office

Michael F. Easley, Governor William G. Ross, Jr" Secretary
. DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
. May 1; 2006

LETTER OF APPROVAL WITH MODIFICATION

Wind Over Waves, LLC
AT1N: Mr, Johnnie M,Robbfus, Jr., MemberlManager
Post Office Box 1877
Kill Devil Hills, North Carolina 27948

RE: Erosion and Sedimentation Control Plan No.: Dare-2006~OI2
Wind Over Waves, Phase ill
NC 12 - Dare County
Drainage Basin: Pasquotank
Date Received: April 4, 2006
Responsible Party: Wind Over Waves, LLC

Dear Mr, Robbins:

Thi~ office has completed its review of the revised erosion and sedimentation.control plan for the
referenced 6.5 acre disturbance. Based on the information provided, we have determined the submitted plan
for the grading associated with the constrq.ction of a road with drainage, utilities and a construction staging
area, if properly implemented and responsibly maintained, should meet the intent and minimum requirements
of the Act. We, therefore, issue this LEITER OF APPROVAL WIlli MODIFICA nON: .

The Environmental Management Commission classifies the area within 575 feet of the normal
highwater mark of the Sound as a High Quality Water Zone, All disturbed areas within this
zone must be provided with a ground cover sufficient to restrain erosion within the shorter of
15 working days or 60 calendar days of completion of construction,

In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted.
It established a performance oriented program with the objective of PREVENTING sediment damage to
adjoining properties and/or natural resources resulting from land disturbing activities through the use of
reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site
conditions, during the course of the project. AS THE DECLARED RESPONSIBLE PARTY YOUR
. RESPONSIBILITY is to understand the Act and comply with the following minimum requirements ofthe
Act and. the above listed modifications (if any):

an erosion and sedimentation control plan is only valid for 3 years
following the date of initial approval, if no land-disturbing activity has been
undertaken;

a copy of the LATEST APPROVED soil erosion and control plan must be on
file at the job site; .

943 Washington Square Mall, Washington, North Carolina 27889
An Equal Opportunity Employer

Telephone [phone], FAX [phone]
50%recycled/l O%post-consumer paper

t

Wind Over Waves, LLC .
"AnN: Mr,.Iohnnie M, Robbins, Ir" MemberlManager
May 1, 2006
Page 2

erosion and sediment control measures or devices' are to be installed to
saftly withstand the runoff resulting from a 10 year storm event - 6,5 - '7
inches in 24 hours or at the rate of6.5 -7 inches in 1 hour;

a buffer zone, sufficient to restrain visible sedimentation, must be provided
and maintained between the land-disturbing activity and any adjacent
property or watercourse;

new or affected slopes must be at an angle that can be retained by vegetative
cover;

barren sloDes must he tJrovided with a flround cover sufficient to restrain
(!rosion within 21 calendar davs of comDletlon of anv Dhase (rouflh or
final) of Bad/nil.. (!l.YE GRASS IS NOT in the approved seeding
specifications nor is it an ACCEPTABLE substitute for the providing of a
ground cover);

unless a temporary, manufactured, lining material has been specified, a
clean straw mulch must be applied, at the minimum rate of2 tons/acre, to
all seeded areas. The mulch must cover at least 75% of the seeded area
after it is either tacked, with an acceptable tacking material, or crimped in
place; .

in order to meet the intent of the Act, the scheduling of the land-disturbing
activities is to be such that both the area of exposure and the time betWeen
the land disturbance and the providing of a ground is minimized;

a Dermanent Bound cover. sufficient to restrain erosion, must be Drovlded
within the shorter of 15 working or 90 calendar days after completion of
construction or development; and,

except in the case of an emergency, a revised erosion and sedimentation
control plan must be submitted to and approved by this office prior to
initiating any significant changes in the construction, grading or drainage
plans;

this approval is based, in part, on the accuracy of the information provided
in the Financial Responsibz1ity/Ownership form submitted with the project
plans, You are required to file an amendedform if there is any change in
the information included on the form. This approval and the financial
responsibility/liability cited in it dQes not automatically transfer with a
change in project ownership, .

Be advised that his letter givers notice of our right of periodic inspection to ensure compliance with the
approved plan and the program requirements, Ifthe implemented plan is determined to be inadequate, this
office may require that it be revised to comply with state law, Failure to comply with any part of the approved.
plan or with any requirements of this program, could result in the taking of appropriate legal action against the
fmancially responsible party (Wind Over Waves, LLC). One option is the assessing of a civil penalty of up to
$5000 for the initial violation plus up to $5000 per day for each day the site is out of compliance.

The land-disturbing activity described in this plan may require approval or permitting from other
Federal, State or local agencies. These could include the D,S, Army Corps of Engineers under Article 404
jurisdiction, the Division of Water Quality - Surface Water Section under stormwaterregulations, county, city
or town agencies under other local ordinances, or other approvals that may be required, This approval does not
supersede any other approval or permit.

.'

.

Wind Over Waves, LLC
. 'AnN: Mr. Johnnie M. Robbins, Jr" MemberlManager
May 1, 2006 . .
Page 3

In recognizing the desirability of early coordination of sedimentation control, we believe it would be
beneficial for you and your contractor to arrange a preconstruction conference to discuss the requirements of
the approved erosion and sedimentation control plan. Prior to beginning this project, you are required to either
contact this office to advise Ms, Allison Ward (252-946-6481, ext3857) of the construction start-up date,
contractor and an. on-site contact person OR, please, complete and return the attached Project Information
sheet to the above named.

Please be advised that all land disturbing activities affecting at least one acre will be required to have a
(federal) NPDES permit. Enclosed is the Construction Activities General Permit - NCGOI0000 that for this
project, The responsibility for understanding and complying with this permit rests with you, Be aware that
failure to comply with this permit could result in both the State and Federal governinents taking appropriate
legal action, Contact the Division of Water Quality - Surface Water Section at [phone] should you
have any questions regarding monitoring and record keeping requirements of the permit.

Sincerely, d

~eed, CPESC
Assistant Regional Engineer

RDP:jm

Enclosure

wlo enc. Cc:

~. Eduardo J. Valdivieso, PE, Quible & Associates, PC
Mr, Ted Sampson, Division of Coastal Management

COUNTY OF DARE
Planning Department
P.O. 80x 1000, Manteo, North Carolina 27954

Manteo: [phone]
KDH Satellite: [phone]
Buxton: [phone]

February 21,2006

Quible & Associates, P.C.
Attn: Eddie Valdivieso
P.O. Drawer 870
Kitty Hawk, NC 27949

RE: Wind Over Waves - Phase m - Preliminary Plat

Dear Mr. Valdivieso:

This letter is to inform you that the Dare County Board of Commissioners has voted
unanimously to APPROVE the preliminary plat reviewed on February 20, 2006. The plat was
approved subject to the following conditions:

The street division should be properly identified on the plat;

A note should be placed on the plat to reference Sec. 22-58.2 of the Dare County Zoning
Ordinance as the "Standard for Residential Construction Based on Lot Size;

The drainage swales of previous phases of Wind Over Waves should be reestablished to
their permitted condition, to alleviate the impact of stormwater on Phase III;

The developer should consult with staff to further ensure that stormwater issues have
been addressed and fully resolved

Upon completion of any improvements a final plat must be submitted and reviewed prior to
recordation with the Dare County Register of Deeds. If you have any questions, please call me
at 252-475-5865 .

Sincerely,

#'~.

Ryan W. Simons
Dare County Planner

::::')

CC: File

LAND OF BEGINNINGS

PRINTED ON RECYCLED PAPER

10-23-2006 09:02am FrDm-QUIBL~&ASSOCIATES
I

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1
FAX TRANSMITTA~- 2 pages
I
FROM: Brian rUbinO, Qulble & Associates, P.C.

TO: David Moye'loeM

I

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2522611260

10-23-06

RE: WIND OVER ~AVES, PHASE III

David:

T-034 P.001/002 F-617

,

See the enclosed Ie er from Dare County, August 4, 2000, regarding soli conditions on
the Pipkin Tract as ey pertain to on-site wastewater treatment systems. The Pipkin
Tract Is the entire Ind Over Waves Subdivision area. Improve:rjent permit permits for
Phase III will be ap lied for upon final subdivIsion approval and PI~tting with the County,
This is the same pe mitting path taken for Phases I and \I since a improvement permit
cannot be issue untIl a let has been recorded. Fer all phases of tl is project, no
systems have been proposed in wetlands and required setbacks have and will be
adhered to. Additiohally, each buildable lot will have an active and repair system as
required for all new JOts. If soils are unsuitable in any given locatlpn of Phase III, no
system will be instatttd in that particular location. I

If any addltlonallnf9rmation Is required, please give me a call at (f' 62) 261-3300.
Thanks for your att,ntion to this project. I

, I
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10-23-2006 09:02am

Fram-QUIBLE&ASSOCIATES
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2522611260

T-034 P,DD2!002 F-611

COUNTY OF DARE
DEPARTMENT OF PUBLIC HeALTH
1
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MANTEO OFFfC!
PO BOX 1000
MANTSO, NOFlTH CAFlOI.INA 21854
I BUXTON OFFice
, PO SOX SSg
SUXTON, NCATH CAROLINA 21820

ANNe 8. THOMAS
MilA!. TH DIREOTOR

Hllilln Ollnlcal
Manlsl;Il 262-475.11 DB
Falli: 2$2.473-2153
BUllIOn; 2S~-99S<44C.
Fax: ~2-995.8S 16

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hyS~da I
Planning Director I
:; I
FROM: Anne ntoiuasW I
Health D~or ,/J I
, I i
l\E; Pipkin sutviSiOn. !
Salvo , I

The above referenceli property was cwalu~ted by Fred Parker, Environ.m~ntaI Health
Supervisor and Eddi~ Valdivieso, Quible and Associatllls, 00 August I, 2~OO, A
represcnt~ive &ampI., of on-site borings was dOlle and revealed a se;son41l high Water
table from 12-2471 ),dow the surface as well as a restrictive horizon on a f,Jajor portion of
the lots especially ad.fac;nc to the marsh area. These conditions will'req~ire till ranging
from 1..3 teet On aU 9fthe lots. I

State La~requires s~aration from SA Waters, wetlands and restric#ve ijorizons. all of
which are 'present on \this property, These required separation, willl.imit ~be amount of
usable space for on..ste wastewater systems on the affected prQPeny~ ;

Given the above COJ:l~;tions. some Jots may need to be redesisned to ~ce~odate both
an active ~d repair ~ tor a ou.-site wastewater system, This may reSUlfl In fewer Iota in
the subdivlsion than ~aa been 9ubrnined for planning review, :,
I . I
1 I
The applicant has beep advised of the abovo findings. ~

Please ~1l' if you ha~ questions or need mote infonnation, i
j I

I I
II . i
l:I_rll Home He.llk " HO$PII:I
· I 252-473-6828
A Fax: 252.4?S-9S,4

,.

~""'" .n"'4,. t""Iof,

August 4, 2000

MEMO

TO:

AamlnllSlrallon
252-415.'0811
FBlC; 252-473.51'63

Envlronmsnlal Health
1<111 Devil Hllh!:252.44H143
FIx: ~Sa.441-Be21
Mant&Cl~ 2B2-41i-1098

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES

DIVISION OF ENVIRONMENTAL HEALTH
PUBLIC WATER SUPPLY SECTION

September 28, 2000

Mr. Billy G. Roughton
BGR Development, Inc.
Post Office Box 1877
Kill Devil Hills, North Carolina 27948

Re: Engineering Plans Approval
Water Main Extension
Pipkin Salvo Subdivision
Dare County Water System
Dare County
1.0. #04-28-035

This is not an Authori,ation to Construct

Dear Mr. Roughton:

Enclosed please find one copy of the "Application for Approval..." together. with one copy of
the referenced engineering plans bearing the Division of Environmental Health stamp of approval
and signature of the Public Water Supply Section Chief for the referenced project. These engineer-
ing plans are approved under Division of Environmental Health serial number 00-02267, dated
September 20, 2000.

Engineering plans and specifications prepared by David A. Deel, P.E., call for the installation
of approximately 6,295 feet of 6-inch and 1,338 feet of 2-inch water mains and appurtenances to
serve 95 residential lots in the Pipkin Salvo Subdivision in Dare County. The project will be an
extension of the Dare County Water System and will connect to an existing main along NC 12. All
construction will be in accordance with the Dare County standard specifications. Dare County
Water System has agreed to supply water to this expansion.

Please note that an "Authorization to Construct" requires both this approval of
Engineering Plans and Specifications and submittal of a complete Engineer's Report and
Water System Management Plan, No construction shall be undertaken, and no contract for
construction, alteration, or installation shall be entered into until the Department issues an
Authorization to Construct letter in accordance with 15A NCAC 18C ,0305(a),

.One copy of each enclosed document is being forwarded to our Washington Regional
Office. The third copy is being retained in our permanent files.

If we can be offurther service, please call on us at [phone].

JWM/KRS/snc

Enclosures: Approval Documents

cc: M. P. Bell, Regional Engineer
Qare County Health Department
"IOuible & Associates, P.C.

~

. J. Wayne Mu den, P.E., Head
Technical Services Branch
Public Water Supply Section

IiII

_.-,--,-

1634 MAIL. SERVICE CENTER, RAL.EIGH, NORTH CAROL.INA 27699-1634
PHON E 919-733-2321
MAIN FAX [phone] L.AB FORMS FAX [phone]
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