HomeMy WebLinkAboutSW7051111_HISTORICAL FILE_20100512STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW 76)�`L`/
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
DOC DATE
YYYYMMDD
Vinson, Scott
From: Itai Amidor [itai@madisonrealtycapital.com)
Sent: Thursday, May 20, 2010 12:19 PM
To: Vinson, Scott �Subject: RE: Marina Townes, Sec. 2, NC State Stormwater Permit Transfer C�IV
Attachments: image001.jpg; Qualification in North Carolina.pdf
Scott — see attached registration of Northwest Creek Marina LLC in North Carolina, III
It
Thanks,
Itai. pgp3 0
From: Vinson, Scott [mailto:scott.vinson@ncdenr.gov]
Sent: Wednesday, May 12, 2010 3:13 PM
To: Itai Amidor
Cc: John Thomas ; Mcclain, Pat
Subject: Marina Townes, Sec. 2, NC State Stormwater Permit Transfer
Mr. I Tai,
I've attached a copy of the NC State Stormwater Permit Transfer form that Mr. Brian Shatz signed and submitted to us
for the transfer of permit number SW7051111, Marina Townes, Section Two, located in Craven County, North Carolina.
As requested in our May 7, 2010 letter (also attached), the company Northwest Creek Marina, LLC, which is listed as the
applicant on the transfer form, is required to be registered with the NC Secretary of State's Office prior to me being able
to transfer the permit into it's name. As stated in our phone conversation, please request from the previous owner,
Figure 8 Partners, LLC their copy of the Approved Stormwater Plans stamped November 22, 2005 for this development.
If Figure 8 Partners, LLC has not retained their copy of the plans as required within the permit, you might be able to
receive a copy from the design engineer, Mr. John Thomas, whom I have Cc: on this email. Also, depending on the
current status of the Erosion & Sediment Control Plan ESC issued by the Division of Land Resources, you may also need
to transfer the ESC Plan Approval from Figure 8 Partners, LLC to Northwest Creek Marina, LLC. (I've also Cc: Mr. Pat
McClain with the Div. of Land Resources for your reference if you have any questions on that State approval/permit) If
you have any questions, please call or write.
Sincerely,
Scott Vinson
NC Department of Natural Resources
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Direct: (252) 948-3848
Office: (252) 946-6481
Please consider the environment before printing this e-mail.
*E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
This message contains confidential information and is intended only for the named individual(s) above. If you are not a named
individual, you are prohibited from copying, disclosing, distributing, or using this information. The sender does not waive any of its
rights, privileges or other protections with respect to this information. Please notify the sender immediately if you received this message
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Information contained'in this message should not be construed as a recommendation, offer or solicitation to buy or sell any security or
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in this e-mail constitutes investment advice.
All e-mail to and from Madison Realty Capital Advisors LLC is subject to review by supervisory personnel. Such communications are
retained and may be produced to regulatory authorities or others with legal rights to the information.
4Aa NORTH CAROLINA
Department of The Secretary of State
'(YL,N• nn
To all whom these presents shall come, Greetings:
I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify
the following and hereto attached to be a true copy of
APPLICATION FOR CERTIFICATE OF AUTHORITY
OF
NORTHWEST CREEK MARINA, LLC
the original of which was filed in this office on the 20th day of May, 2010.
RECEIVED
MAY 2 0 2010
DWQ
PRo3 #
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal at the City
of Raleigh, this 20th day of May, 2010.
Certification# C201013901391-1 Referenceli C201013901391-1 Page: ]'of 4 Secretary of State
Verily this certilicate online at www.secretary.slate.no.us/vcrification
C201013901391
State of North Carolina
Departamt of the Secretary of State
APPLICATION FOR CERTIFICATE OF AUTHORITY
FOR LIMITED LIABILITY LI)MPANY
SOSI D: 1149855
Date Filed: 5/20/2010 8:40s00 AM
Elaine F. Marshall
North Carolina Secretary of State
C201013901391
Pursuant to §5707-04 of the Ce=d Statutes of North Carolina, the undasigne3 Wnitod Iiahitity company hereby applies for a
Catificate of Authority to transact business in the State of North Carolina, and for that pmpw anbnl;ra the following:
1. The name of rho limited liability company is NORTHWE8T C1t 2K MARINA LLC
and if the limited liahiility company name is unavrdlabte fbc use in the State of North Cradfna, the w= the limited
liability company wishes to use is
2. Tho state or country wxkr whose laws the timited liability company was farmed it: Delaware
3. 7be date of formation was 11-2 -M its period of duration is: PwPetud
4. Principal office information: (Select either a or b.)
a. GTI1e limited !lability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Stlnxt e? r (0" 0'
City, State, Zip Code
FA -
The maiii ng address, #1 d1ffwent fmx &o sired address, of the princpal office of the corporation is:
b. ❑ The limited liability company does not have a priticipai ofliee.
5. The gavot addren and county of the office in the State of North Carolina is:
Number and Strot 150 FayeftVille Street, Boat 1011
City, State, Zip Cade Raleigh, North Carolina 27601 County Wain
6. The mailing address, Vd{(j'erentlrom the sftd addresx, of the registered office in the State of North Catoiina is:
7. The name of the registered spot in the State of North Carolina is:
CORPORATIONS DIVISION P. 0. BOX 29622
(Revtsed lanuwy 2002)
MOT .w1wi oct2FAMOM O
C T Corporation System
RALEIGK NC 27626.0622
(Form L-0)
Certification# C201013901391-1 Referenced C201013901391- Page: 2 of 4
C201013901391
APPLICATION FOR CLRTMCAT'R OF AUTHORTCY
ftVx
8. The names, titles, and usual business addnemes of rite cwmt 111snegols of the limited liability company arc:
(use attachment jjwms(uy)
10 M7
t
9. Attached is a oertifieate of oxistenoa (or document of ftifaiiar import}, duly aathmdrAtod by the socnfstery of state of other official
having custody of limited iiabilily company records to fDe state or cmmby of tolmatfaa. The Cm9ftle of MIPM MHO be
10. if the limited liability cowpM is raquhvd to use a fictitious panto in order to mmsact budinces to tiffs State, a copy of the
resolution of its mangwa adopting tlho fictitious mane is attached.
11. This applicatio t will be of xiive.upon filing, uiplesa a delayed date amYor tlmo is specified:
This the 19th day of May 10
Northwest Creek Marina LLC
Nome gtLbUtd ljabft Compmly
Brian Shatz
i �;; - h►alae
Managing Member of Madison Realty Capital Advisors LLC,
Manager of Northwest Creek Marina LLC
Notts:
1. Fllft fee is U%. This domammt rru d be filed with rho Seole of State.
CORPORATIONS DIVISION P. 0. BOX 29622 RAL IGK NC 2762640622
(Revised Jamwry1002) (nmr L-W)
►X'W?. ►dives c r SyWm 99,4
Certificationil C201013901391-1 Reference# C201013901391- Page: 3 of4
C201013901391
Delaware ,.G.
mm
2hte Tirst State
I, JEFFREY W. BULLOCK, SECRETARY OF SPATE OF THE STATE OF
DELAWA E, DO HEREBY CERTIFY "NORTHNEST CREEK MARINA LLC" IS DULY
FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD
STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS
OFFICE SHow, AS OF THE NINETEENTH DAY OF MAY, A-D. 2010.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE
BEEN PAID TO DATE.
4457924 8300
100532739
You may mrify this certitieate oni..ne
at Corp.de2axare.go4fauthver.ehtR1
�� LLAC;��7 -
Jeffrey W. Bullock, Secretary of state
AUTHE ION: 8002556
DATE: 05-19-10
Certification#! C201013901391-1 Reference# C201013901391- Page: 4 of 4
IL
AriAr wad
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 7, 2010
Mr. Brian Shatz, Managing Member
Northwest Creek Marina, LLC
825 Third Avenue, 37`h Floor
New York, NY 10022
Subject: RETURN - Stormwater, Ownership Transfer Application
Stormwater Review SW7051111
Marina Townes, Section Two
Craven County
Dear Mr. Shatz:
This office received a copy of the State Stormwater Permit Name/Ownership Change Form
for the subject project here in the Washington Regional Office, The Division of Water Quality, in a
email letter dated March 16, 2010 (copy attached), requested that the applicant listed on the form,
"Northwest Creek Marina, LLC" be registered with the North Carolina Secretary of State's Office
by April 17, 2010. As of today, this information has not been received. Therefore your application is
considered incomplete and is being placed in inactive status.
Please be advised that continued construction of the proposed facilities without a valid State
Stormwater permit in the proper name is a violation of 15A NCAC 21-1.1000 and North Carolina
General Statute 143-215.1 and may subject you to appropriate enforcement actions in accordance with
North Carolina General Statute 143-215.6. Civil penalties of up to $10,000 per day per violation may
be assessed for failure to secure a permit required by North Carolina General Statute 143-215.L
If you decide to pursue the project in the future, you should submit the required State
Stormwater Ownership Change application package along with a copy of the registration with the NC
Secretary of State. Please reference the Stormwater Project Number above on all correspondence. if
you have questions, please feel free to contact Scott Vinson at (252) 948-3848.
Sincerely,
Regional Supervisor
Washington Regional Office
cc: Clay A. Collier, Crossley Mcintosh & Collier
U;,'Washington Regional Office
North Carolina Division of Water Quality Internet: www.nmaterquality.org One
Aall Phone:252-946-64811FAX; 252-946-9215 1 offliCarolina
`A —�....,H.,
Vinson Scott
From:
Vinson, Scott
Sent:
Tuesday, March 16, 2010 12.08 PM
To:
'info@madisonrealtycapital.com'
Subject:
Marina Townes, Sec.2, NC State Stormwater Permit SW7051111 Transfer
Dear Mr. Brian Shatz,
Regarding the Marina Townes, Section Two development project located in Craven County, North Carolina:
We have recently received your request, signed March 4, 2010, to transfer the NC State Stormwater Permit:, No.
SW7051111, from Figure 8 Partners, LLC to
Northwest Creek Marina, LLC. Prior to this permit being transferred, Northwest Creek Marina, LLC is required to register
with the NC Secretary of State's Office.
#I kt���rJuvtia.secrC�I:�:li�r'.St��G1, i ll;.11 a'�CJi�1CJI.iJ �;i lJil��
Please register Northwest Creek Marina, LLC with the NC Secretary of State's Office prior to April 17, 2010 or notify this
Office as to the progress of the registration by this date.
Also, please note that any development of the project prior to the proper transfer of the State Stormwater Permit is a
violation of 15A NCAC 2H .1000 & NC G.S. 143-215.1 and may be assessed civil penalties. If you have any questions
{Tease call or write,
Scott Vinson
Environmental Engineer
NC Department of Environment & Natural Resources,
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
(252) 948-3848
*E-mail correspondence to and fronn this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
Vinson, Scott
From:
Vinson, Scott
Sent:
Tuesday, March 16, 2010 12:08 PM
To:
'info@madisonrealtycapital.com'
Subject:
Marina Townes, Sec.2, NC State Stormwater Permit SW7051111 Transfer
Dear Mr. Brian Shatz,
Regarding the Marina Townes, Section Two development project located in Craven County, North Carolina:
We have recently received your request, signed March 4, 2010, to transfer the NC State Stormwater Permit, No.
SW7051111, from Figure 8 Partners, LLC to
Northwest Creek Marina, LLC. Prior to this permit being transferred, Northwest Creek Marina, LLC is required to register
with the NC Secretary of State's Office.
http://www.secretary.state.nc.us/Corporations/
Please register Northwest Creek Marina, LLC with the NC Secretary of State's Office prior to April 17, 2010 or notify this
Office as to the progress of the registration by this date.
Also, please note that any development of the project prior to the proper transfer of the State Stormwater Permit is a
violation of 15A NCAC 2H .1000 & NC G.S. 143-215.1 and may be assessed civil penalties. If you have any questions
please call or write,
Scott Vinson
Environmental Engineer
NC Department of Environment & Natural Resources,
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
(252) 948-3848
*E-nail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
North Carolina Secretary of State
http://www.secretary.state.nc.m/corporations/Corp.aspx?Pitemld-9521883
North Carolina
Elaine F Marshall C EPARTMENT OF THE
w� f Secretary SECRETARY OF STATE
7A G s•
• • •+ PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000
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Date: 5/25/2010
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Corporation Names
Name Name Type
NC Northwest Creek Marina, LLC Legal
Limited Liability Company Information
SOSID:
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Agent Name:
Registered Office Address -
Registered Mailing Address:
Principal Office Address:
Principal Mailing Address:
1149855
Current -Active
5/20/2010
Foreign
DE
Perpetual
CT Corporation System
150 Fayetteville St., Box 1011
Raleigh NC 27601
150 Fayetteville St., Box 1011
Raleigh NC 27601
825 Third Ave. 37th Floor
New York NY 10022
825 Third Ave. 37th Floor
New York NY 10022
i of 2 5/25/2010 12:44 PM
North Carolina Secretary of State
httpa/www.secretary.state,nc. us/corporations/Corp.aspx?Pitemld=9521883
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2 of2 5/25/2010 12:44 PM
NCDERR-
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: O l
2. Project Name; b eS oYl O
3. Current Permit Holder's Company Name/Organization: $
4. Signing Official's Name: Title:
(person legally responsible for perm)t)
5. Mailing Address:
City: State: Zip:
6. Phone: ( ) Fax: (�)
II. PROPOSED PERMITTEE I OWNER I PROJECT 1 ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
❑ Name change of project (Please complete Item 5 below)
F1 Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address 1 phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization: Northwest Creek Marina, LLC
2. Proposed permittee's signing official's name: Bran Shatz
Managing Member of Madison Realty Capital GP, LLC, the general partner of Madison Realty
3. Proposed permittee's Title:capital, L.P., member of Northwest Creek Marina, LLC
4. Mailing Address 825 Third Avenue, 37th Floor
City: New York
Phone:( 646 ) 472-1900
— State: NY Zip: 10022
Fax:(646 ) 219-5643
5. New Project Name to be placed on permit:
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name
of HOA or POA in #1 above and provide name of HOA(POA) president in #2 above).
❑x The property owner.
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner
Information on page 4)
❑ Developer (Complete Property Owner Information on page 4)
SSW N/O Change Rev16Nov2009 Page 1 of 4
III. REQUIRED ITEMS
This application package will not be accepted by the Division of Water Quality unless all of the
applicable required items listed below are included with the submittal.
1. This completed and signed form.
2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee
and Proposed Permittee Sections)
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit and if not already submitted to DWQ.
5. If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from
the Secretary of State office, which supports the named president, vice president, member, manager
or General Partner.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee to the property owner
or other responsible party such as an HOA, the processing fee is not required. Subsequent ownership
transfers will require the $40.00,processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements:
❑ Check here if the Current Owner is only changing the owner name, company name or project
name, or the mailing address, and will retain ownership of the permit.
I, , the current owner, hereby notify the Division of
Water Quality that I am changing my name or company name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed and that if all required supporting
information and attachments as outlined above are not included, this application package will be
returned as incomplete.
J2rCheck here if Current Owner is transferring (selling) the property to a new owner and will not
retain ownership of the permit. - n (l�,rc h a000.
(i C'YZpJI ( ;"a4.6 , t i sip 1 V
I, �2s� - �r-C,the current o nerm submitting tits application for a transfer of
ownership for permit # I hereby notify DWQ of the sale or other legal transfer
of the stormwater system associated with this permit. I further acknowledge and attest that I have
transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the
DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and
Maintenance agreement and copies of past maintenance records to the Proposed Permittee named
in Sections II and V of this form at the mailing address listed in Section II of this form. I further attest
that l assign all rights and obligations as permittee to the Proposed Permittee named in Section V of
this form. I understand that this transfer of ownership cannot be approved by the Division of Water
Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs
this form. I understand that in the event the facility is not in compliance or the Proposed Permittee
does not sign this form, the responsibility to bring the facility into compliance and to comply with the
terms and conditions of the permit remains with me until such time as the Proposed Permittee signs
this form and the Division approves it.
Signature:
Date:
a Notary Public for the State of
, County of , do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal, (Notary Seal)
Notary Signature
SSW N/O Change Rev16Nov2009 Page 2 of 4
V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
1, Brian Shatz , hereby notify the Division of Water Quality that I have
acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and
maintaining, the permitted stormwater management system, I have examined the permit and
inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit
and to comply with the terms and conditions of the permit.
I attest that I have reviewed this application for an ownership change and it is accurate and complete
to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete.
I further acknowledge and attest that in the event the required facility inspection reveals that the
project is not incompliance with the permit, I understand this transfer of ownership will not be
approved until the project is brought into compliance. I acknowledge and attest that I have received a
copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved
plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement
and copies of past maintenance records from the previous permittee. I further acknowledge and
agree that I will construct and/or operate and maintain the system per the requirements listed in the
permit and in th eration and Maintenance agreement.
®Si�� .. t - 1L�1
a Notary Public for the State of
..._...,..,,,_..... , County of /�/U_ _ , do hereby certify that
y_ WL� personally appeared before me this the
day of t`G 1,. 20J-V-, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal, {I [
NdV WCa17 TE OF EW YORK
o ary Signature NO.OICA6153596
QUALIFIED IN NEW YORK COUNTY
COMMISSION EXPIRES OCT. 10, 2010
Additional copies of the original permit and the approved Operation and Maintenance plan can be
obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee, should be sent to the
appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
SSW N/O Change RevMov2009 Page 3 of 4
VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections It and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization:
Title within the Organization:
Street Address:
City: State: Zip:
Mailing Address:
(if different from street address)
City: _ State: Zip:
Phone: Fax:
Email:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop, lease or purchase the property. A
copy of the lease agreement or pending property sales contract has been provided with the
submittal, which indicates the party responsible for the construction and/or operation and
maintenance of the stormwater system.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and that if the designated Proposed
Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending
sales contract, responsibility for compliance with the DWQ Stormwater permit reverts back to me,
the property owner. As the property owner, it is my responsibility to notify DWQ by submitting a
completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or
purchaser for the property. I understand that failure to operate and maintain the stormwater
treatment facility in accordance with the permit is a violation of NC General Statue 143-215.1, and
may result in appropriate enforcement action including the assessment of civil penalties of up to
$25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner
, County of
Date:
a Notary Public for the State of
do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature
SSW NIO Change Rev16Nov2009 Page 4 of 4
North Carolina Secretary of State
http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld =6504393
CORPORATIONS
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
Corporations Home
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PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000
Date: 3/5/2010
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Corporation Names
Name Name Type
NC Figure 8 Partners, L.L.C. Legal
Limited Liability Company Information
SOSID:
0738487
Status:
Dissolved
Date Formed:
8/11/2004
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Registered Office Address:
Registered Mailing Address:
Principal Office Address:
Principal Mailing Address:
Smithwick, Rudy
8633 Vintage Club Drive
Wilmington NC 28411
8633 Vintage Club Drive
Wilmington NC 28411
8633 Vintage Club Drive
Wilmington NC 28411
8633 Vintage Club Drive
Wilmington NC 28411
1 of 1 3/5/20I0 9:43 AM
JOHN C. ARCHIE
RICHARDJ. ARCHIE
JOHN C. BIRCHER III
JOSEPH S. BOWER
DELAINA D. BGYD
DAVID 1. FILLIPPELI, JR.
KATH ERI N E A. FOR REST
BRIAN J. GATCHEL
SHERWOOD C. HENDERSON
J. MARK HERRING
C. GRAY JOHNSEY
E. WYLESJOHNSON, JR.
MOSES D. LASITTER
WILLIAM E. MANNING, JR.
JOHN P. MARSHALL
W. LEE PERCISE III
HOPE FISHER SMELCER
MATTHEW S. SULLIVAN
BRIAN Z. TAYLOR
THOMASJ. WHITE, Ili
White&Allen, P.A.
ATTORNEYS AT LAW'
New Bern, ZING 2$,ri(i;3
February 17, 2010
NCDENR
Attn.: Al Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Re: Notice of Violation - Permit No.: SW7031111
.Marina Townes, Section Two, Craven County, NC
Dear Mr. Hodge:
1319 Commerce Drive
Telephone 252 638.5792
Telecapier 252 637.7548
www.whteandallen.com
THOMASJ. WHITE, JR.
(1903-1991)
JAMES A. HODGES, JR.
(1937-1992)
WM. A. ALLEN, JR.
(1920.2001)
Enclosed please find your original letter dated February 15, 2010 regarding the above -
referenced matter. I do not represent Figure 8 Partners, LLC, Rudy SmithN� ick or
Northwest Creel: Marina, LLC. It is my opinion that Figure 8 and SmithN�ick may be
represented by:
Clay A. Collier
Crossley Mcintosh & Collier
143o Comnionxvealth Drive, 81lite 202
Wilmington, NC 28412
Telephone: 910-762-9711
Facsimile: 910-256-0310
Sincerely,
WHITE & ALLEN, P.A.
By: 19r
Enclosure
J. Gaty�K�l, Attorney
Lcm #37/ LOo612-00001
KINS(ON + NEW BEAM • SNOPI HILL
rl
'1 1A 1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 15, 2010
CERTIFIED MAIL #7008 1300 0001 0434 7259 CERTIFIED MAIL #7008 1300 0001 0434 7266
RETURN RECEIPT REOUESTED RETURN RECEIPT REQUESTED
Figure 8 Partners, LLC Northwest Creek Marina, LLC
Rudy Smithwick 825 3RD AVE FL 37
8633 Vintage Club Dr. NEW YORK NY 10022
Wilmington NC 28411
Subject: NOTICE OF VIOLATION
NOV-2010-PC-0179
Permit Condition Violations
Stormwater Management Permit No. SW7051 111
Marina Townes, Section Two
High Density Project
Craven County
Dear Mr. Smithwick and Northwest Creek Marina, LLC:
This letter is to notify you are in violation of Title 15A North Carolina Administrative Code (NCAC) 21-1
.1003 for failing to comply with terms, conditions and limitations of a Stormwater Management Permit
No. SW7051111.
On February 12, 2010, Amy Adams of the Washington Regional Office performed an inspection to .
determine the status of compliance with Stormwater Permit SW7051 l 1 1. Permit Number SW7051 III
was issued to you on November 22, 2005 for the Marina Townes Section Two, located at Riverview
Drive in Fairfield Harbor, New Bern, Craven County, North Carolina.
As a result of the site inspection and DWQ file review, the following observations and violations are
noted:
I. Permit Condition III. General Conditions #1—Failure to Transfer Ownershi
DWQ observed that according to Craven County Records the property has transferred ownership without
proper transfer of the Stormwater Management Permit SW7051 I H. This is a violation of Permit
Number SW7051 III Condition #1 which states "This permit is not transferrable except offer notice to
and approval by the Director. In the event of a change of ownership, or a name change, the permittee
must submit a �orinal permit transfer request to the Division of Water Quality, accompanied by a
completed name/ownership change form, documentations from the parties involved, and supporting
materials as may be appropriate. The approval of this request will be considered on its merits and naay
or may not be approved The permittee is responsible for compliance with all permit conditions until
such time cis the Division approves the transfer request.
North Carolina Division of Water Quality Internet: www,ncwaterguality.org
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarolina
An Equal OpportunitytAtTirmative Action Employer— 50% Recycled110% Post Consumer Paper suturally
Required Response
1. This Office requires that you respond to this letter in writing to the address listed at the
bottom of the letterhead within 30 calendar days of receipt of this Notice. Please provide a
written "Plan of Action" which outlines the actions you will take to correct the following
violation(s) and a time frame for completion of those actions.
Failure to Transfer Permit to New Owners: According to Craven County Records, the property was
transferred in March 2008 from the permit holder (Figure 8 Properties, LLC) to Northwest Creek Marina,
LLC through Marina Townes Phase 11, LLC. However, the permit has not been properly transferred
through the Division of Water Quality. Northwest Creek Marina, LLC. should apply to have the permit
transferred into their name. If the plans for this project to be developed as approved under Stormwater
Management Permit SW7051 I] 1 have been abandoned and/or a new Stormwater Permit has been approved
for this property please request in writing to have this permit rescinded.
**By copy of this letter to the Craven County Inspection Office, DWQ is requesting that the Building
Inspector consider withholding building permits and Certificates of Occupancy for this project until this
matter is satisfactorily resolved.
Thank you for your immediate attention to this matter. Please be advised, these violations and any
continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation pursuant to North Carolina General Statute 143-215.6A.This office requires that
the violations, as detailed above, be properly resolved. Should you have any questions regarding these
matters, please contact either Amy Adams or myself at (252) 946-6481.
incerely,
I - L
Al odge, Regl na upervisor
Surface Water Protection Section
Washington Regional Office
Enclosures: Inspection Report
Name/Ownership Change Request Form
cc: (w/out attachments) John Hennessy- NPS-ACOU
John Thomas, PE
Inspector, Craven County Building Inspections
white & Allen, PA Post Office Drawer U New Bern, NC 28563
Northwest Creek Marina LLC CIO Corporation Service Company 2711
Centerville Road Suite 400 Wilmington DE 19808
Marina Townes Phase 11, LLC CIO Glenn Thompson 19434 Peninsula Shores
Drive Cornelius NC 28031
WaRO Files
DWQ Central Files
State Stormwater Inspection Report
T General
Project Name: Marina Townes- Section 2
Permit No: SW7051111
Expiration Date: 11/22/15
Contact Person: Rudy Smithwick
Phone Number:
Inspection Type: Routine
Inspection Date: 02/12/2010
Time In: 12:20 PM
Time Out: 12:45 PM
Current Weather: Overcast, cold J
Recent Rain (Date): 02/10/10
Rain _ .25 in
Location
Facility Address / Location: Corner of Riverview and Lakeview in Fairfield Harbor
City: New Bern
Zip: 27563
County: Craven Lat: 35°03` 47 "N
Long: -76'58 402 "W
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High ua ity aters Outstanding Resource Waters
Density (circle one): High (HD) Low (LD)
Stormwater Best Management Practices (BMPs) (insert number of each):
1 Wet Ponds Infiltration Basins Infiltration Trenches
Dry Ponds Bioretention Permeable Pavement
Cistern Level Spreader/Filter Strip Other (spec):
File Review
LD Swales Stormwater Wetlands
Sand filters (circle one) Open Closed
Yes No NIA N/E
1. Is the permit active?
X
2. Signed Engineer's Certification on file?
X
3. Signed Operation and Maintenance agreement on file?
X
4. Recorded Deed Restrictions on file?
X
Site Visit: Built Upon Area (BUA)
Yes No NIA NIE
5. BUA is constructed and consistent with the permit requirements?
X
6. BUA aspermitted) is graded such that the runoff drains to the system? high density on!
X
7. Drainage area is consistent withpermit? i.e. no un ermitted draina e to the SW BMPs
X
8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs
X
Site Visit: Stormwater BMPs
Yes No NIA WE
9. Stormwater BMPs are located per the a rovedplans?
X
10. Stormwater BMPs have dimensions (e . length, width, area) matching the approvedplans?
X
1 1. Stormwater BMPs are constructed per the approvedplans?
X
Site Visit: Oneration and Maintenance
Yes No NIA NIE
12. Access points to the site are clear and well maintained?
X
13. Trash has been removed as needed?
X
14. Excessive landscape debris (grass c1i in s, leaves, etc) is controlled?
X
15. Stormwater BMPs being operated and maintained as per the Rermit requirements?
X
16. Inspection and Maintenance records are available for inspection? (high density onl , 1995 —present only)____
X
Site Visit: Other Permit Conditions Yes No NIA NIE
17. Is the site com liant with other conditions of the ermit? X
Site Visit: Other Water Quality Issues Yes No NIA NIE
18. Is the site compliant with other water quality issues as noted during the inspection? X
State Stormwater Inspection Reporl, Version 3.0 Page I of 2
State Stormwater Inspection Report
:omments
1. The impervious surfaces requiring a stormwater management system have not been installed on this project. 4
2. According to Craven County tax records, the property was transferred from the permittee (Figure 8 Partners LLC) to New Owners
(Marina Townes Phase 11, LLC) and then New Owners (Northwest Creek Marina LLC) in March 2008, However, the permit was not
properly transferred, The Owners of the property should submit Name/Ownership Change Request Form to obtain the permit in their
name.
3. If plans to develop this property as approved in Stormwater Management Permit SW7051 111 have been abandoned and/or a new
Stormwater Permit has been issued for this site, please request in writing that this permit be rescinded.
Inspection Pictures (some of the pictures taken during the site visit)
Y r F
,K �r � � � �..� , �� �.. �! t� Luc .tf 7h/t«�a•r1��P4 , y ' � {�.ds,�..
MR �v"G, ec
ZZ
r R' .1 �, i":�•:{�y �d k.
t 'Vai3Sn�,�� 5"i'v r4".•ts �Y;y.°�}ur�i�,"'11.�t°
Nr
_Zxk
l�kiii
ti ¢rrt F��"�� �'�� •�^''3,'�!dat ti� r✓ � � }f�F'.''i° 1e r 'irSBr +V�� ` a �� .r bm 'e .hy a`i .
�,! .�
."Sr r- f _ p "'�aF♦d L°:
r�r { •',nw..' ftf �d r�*' - �` ■!�° mac,
.rc'SzcSP�.rtY �'� „'u�:^ '✓- "�ti �t+}'s y.�p+ �
���,�� !i� n^-eS
r is Y
i�� + �: �`..�s�r. ' + ''° yy : ° ' r �. > y.�'�'.rt'r:� O �L`' �.i-�"i-���j��� `• i .w.
V11
�,i:i. in
Pond and swale locations highlighted
Compliance Status D Compliant X Non -Compliant
Letter Sent (circle one). Yes No Letter type: CEI NOV NOVRE Other
Date Sent: Reference Number: NOV-2010-PC-0179
inspector Name and Signature: MDate:
State Storm -water inspection Report, Version 3.0 Page 2 ot'2
WET DETENTION O & M Inspection Checklist
1.
Inlets are located per the approved plans:
®
❑
❑
❑
2.
Inlet device (swale or pipe) is free of damage, clogs or erosion:
❑
❑
❑
3.
Forebay berm is in place and without erosion:
❑
❑
❑
4.
Forebay is free of excessive sediment:
❑
❑
❑
ED
SIDE►SLOPESr4ND6'ANKM-T®R>'iy�da�RS'��t FIff
5.
Vegetated slopes are 3:1 or less:
❑
❑
❑
6.
Banks are stable and free of erosion or bare soil
❑
❑
❑
7.
Slopes or berms are free of woody vegetation:
❑
®
❑
❑
8.
Free of muskrats or beaver activity:
; ❑ .
❑
❑
9.
Grass is being maintained and mowed (not scalped) as required:
❑
®
❑
❑
10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated:
11. Algal growth covers less 50% of the area:
12. Cattails, phragmites or other invasive plants cover less than 50% of the basin surface:
13. Main treatment area is free from excess sediment accumulation:
14. Swale or emergency outlet bypass is in the correct place and is in good condition
15. Drawdown device is correctly sized free of damage or clogging:
16. Orifice size matches the approved plans
17. Outlet is free of erosion or other signs of damage:
18. Trash rack is installed
19. Vegetated filter is in place (if applicable)
20. Relative elevations match approved plans
21. Fountain pump (if permitted) is less than or equal to the maximum allowable size:
N/E-Not Evaluated
V3.3_09
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
.0
❑ -
❑
❑
®
❑
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 15, 2010
CERTIFIED MAIL #7008 1300 0001 0434 7259
RETURN RECEIPT REOUESTED
Figure 8 Partners, LLC
Rudy Smithwick
8633 Vintage Club Dr.
Wilmington NC 28411
CERTIFIED MAIL #7008 1300 0001 0434 7266
RETURN RECEIPT REOUESTED
Northwest Creek Marina, LLC
825 3RD AVE FL 37
NEW YORK NY 10022
Subject: NOTICE OF VIOLATION
NOV-2010-PC-0179
Permit Condition Violations
Stormwater Management Permit No. SW7051 I I I
Marina Townes, Section Two
High Density Project
Craven County
Dear Mr. Smithwick and Northwest Creek Marina, LLC:
This letter is to notify you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H
.1003 for failing to comply with terms, conditions and limitations of a Stormwater Management Permit
No. SW7051111.
On February 12, 2010, Amy Adams of the Washington Regions! Office performed an inspection to
determine the status of compliance with Stormwater Permit SW7051 1 11. Permit Number SW7051 1 1 1
was issued to you on November 22, 2005 for the Marina Townes Section Two; located at Riverview
Drive in Fairfield Harbor, New Bern, Craven County, North Carolina.
As a result of the site inspection and DWQ file review, the following observations and violations are
noted:
I. Permit Condition III. General Conditions #1—Failure to Transfer Ownershi
DWQ observed that according to Craven County Records the property has transferred ownership without
proper transfer of the Stormwater Management Permit SW7051I11. ']'his is a violation of Permit
Number SW70511 1 I Condition 91 which states "This permit is not transferrable except after- notice to
and approval by the Director. In the event of a change of ownership, or a name change, the perrnittee
must submit a formal permit transfer request to the Division of Water Quality, accornponied by a
completed nannelo7wnership change form, documentations fi-onr the parties involved, and supporting
materials as may be appropriate. The approval of this request will be considered on its merits and may
or may not be approved. The permiltee is responsible for compliance with all permit conditions until
such time cis the Division approves the transfer request.
North Carolina Division of Water Quality Internet: www—nncwaterquality.org
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarolina
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Naturally
Required Response
This Office requires that you respond to this letter in writing to the address listed at the
bottom of the letterhead within 30 calendar days of receipt of this Notice. Please provide a
written "Plan of Action" which outlines the actions you will take to correct the following
violation(s) and a time frame for completion of those actions.
Failure to Transfer Permit to New Owners: According to Craven County Records, the property was
transferred in March 2008 from the permit holder (Figure 8 Properties, LLC) to Northwest Creek Marina,
LLC through Marina Townes Phase II, LLC. However, the permit has not been properly transferred
through the Division of Water Quality. Northwest Creek Marina, LLC, should apply to have the permit
transferred into their name. If the plans for this project to be developed as approved under Stormwater
Management Permit SW705111 1 have been abandoned and/or a new Stormwater Permit has been approved
for this property please request in writing to have this permit rescinded.
**By copy of this letter to the Craven County Inspection Office, DWQ is requesting that the Building
Inspector consider withholding building permits and Certificates of Occupancy for this project until this
matter is satisfactorily resolved.
Thank you for your immediate attention to this matter. Please be advised, these violations and any
continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation pursuant to North Carolina General Statute 143-215.6A.This office requires that
the violations, as detailed above, be properly resolved. Should you have any questions regarding these
matters, please contact either Amy Adams or myself at (252) 946-6481.
incerely,
Al odge, egi'66'5 5upe� rvi
Surface Water Protection Section
Washington Regional Office
Enclosures: Inspection Report
Name/Ownership Change Request Form
cc: (w/out attachments) John Hennessy- NPS-ACOU
John Thomas, PE
Inspector, Craven County Building Inspections
White & Allen, PA Post Office Drawer U New Bern, NC 28563
Northwest Creek Marina LLC CIO Corporation Service Company 2711
Centerville Road Suite 400 Wilmington DE 19808
Marina Townes Phase II, LLC CIO Glenn Thompson 19434 Peninsula Shores
Drive Cornelius NC 28031
WaRO Files
DWQ Central Files
J,
State Stormwater Inspection Report
� General
Project Name: Marina Townes- Section 2
Permit No: SW70511 l 1
Expiration Date: 11/22/15
Contact Person: Rudy Smithwick
Phone Number:
Inspection Type: Routine
Inspection Date: 02/12/2010
Time In: 12:20 PM
Time Out: 12:45 PM
Current Weather: Overcast, cold
Recent Rain (Date): 02/10/10
Rain — .25 in
Location
Facility Address / Location: Corner of Riverview and Lakeview in Fairfield Harbor
City: New Bern Zip: 27563 County: Craven Lat: 35°03` 47 "N Long: -76'58 '02 "W
Permit Information
Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek ig ua Ity aters Outstanding Resource Waters
Density (circle one): High (HD) Low (LD)
Stormwater Best Management Practices (BMPs) (insert number of each):
1 Wet Ponds Infiltration Basins Infiltration Trenches
Dry Ponds Bioretention Permeable Pavement
Cistern Level Spreader/Filter Strip Other (specify):
File Review
LD Swales Stormwater Wetlands
Sand filters (circle one) Open Closed
Yes No N/A NIE
1. Is the permit active?
X
2. Signed Engineer's Certification on file?
X
3. Si ned Operation and Maintenance agreement on file?
X
4. Recorded. Deed Restrictions on file?
X
Site Vic& guilt Ilnnn Area (RIJAI
i7��R+7. fl_MMM
5. BUA is constructed and consistent with the permit requirements?
X
6. BUA aspermitted) is graded such that the runoff drains to the system? (high density only)
X
7. Drainage area is consistent withpermit? i.e. no un ermitted drainage to the SW BMPs
X
8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs
X
Site Visit: Stormwater BMPs
Yes No NIA NIE
9. Stormwater BMPs are located per the approvedplans?
X
10. Stormwater BMPs have dimensions (e . length, width, area) matching the approvedplans?
X
11, Stormwater BMPs are constructed_per the approvedplans?
X
Site Visit: Oneration and Maintenance
Yes No NIA NIE
12. Accesp oints to the site are clear and well maintained?
X
13. Trash has been removed as needed?
X
14, Excessive landscape debris (grass qjppjngs, leaves, etc) is controlled?
X
15. Stormwater BMPs being operated and maintained as per the permit requirements?
X
16. Inspection and Maintenance records are available for inspection? (high density only, 1995 — present only)
X
Site Visit: Other Permit Conditions Yes No NIA NIE
17. Is the site compliant with other conditions of thepermit? X
Site Visit: Other Water Quality Issues Yes No NIA NIE
18. Is the site compliant with other water quality issues as noted during the inspection? X
Stale Stormwater Inspection Report, Version 3.0 Page I of 2 �A
u
State Stormwater Inspection Report
1. The impervious surfaces requiring a stormwater management system have not been installed on this project.
2. According to Craven County tax records, the property was transferred from the permittee (Figure 8 Partners LLC} to New Owners
(Marina Townes Phase II, LLC} and then New Owners (Northwest Creek Marina LLC) in March 2008. However, the permit was not
properly transferred. The Owners of the property should submit Name/Ownership Change Request Form to obtain the permit in their
name.
3. If plans to develop this property as approved in Stormwater Management Permit SW7051 1 1 I have been abandoned and/or a new
Stormwater Permit has been issued for this site, please request in writing that this permit be rescinded.
Inspect_f_on_FiCtureS (some of the pictures taken during the site visit)
Pond and swale locations highlighted
Compliance Status U Compliant X Non -Compliant
Letter Sent (circle one). Yes No Letter type: CEI NOV NOVRE Other
Date Sent: Reference Number: NOV-2010-PC-0179
Inspector Name and Signature: Date:
State Stormwater Inspection Report, Version 3.0 Page 2 of 2
I
WET DETENTION O & M Inspection Checklist
1, Inlets are located per the approved plans:
2. Inlet device (swale or pipe) is free of damage, clogs or erosion:
❑
❑
❑
3. Forebay berm is in place and without erosion:
❑
❑
❑
4. Forebay is free of excessive sediment:
❑
❑
❑
_SIDEtiSLUPES�AND''BAN_1'(5����''��+, �"..��`3:F�"-'�������'. �+- yy�.°° ,;�.�� til`.��y"!4h i• {j���.�,
��"
y]�{jj{'���
5. Vegetated slopes are 3:1 or less:
❑
❑
❑
6. Banks are stable and free of erosion or bare soil:
❑
❑
❑
7. Slopes or berms are free of woody vegetation:
❑
®
❑
❑
8. Free of muskrats or beaver activity:
❑
❑
❑
9. Grass is being maintained and mowed (not scalped) as required:
❑
®
❑
❑
r r-........... :...—.-,� - „a. r r_w w N"' T• � r.!1' ia �} n p,.1 1 y r a
10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated:
❑
❑
❑
11. Algal growth covers less 50% of the area:
❑
❑
❑
12. Cattails, phragmites or other invasive plants cover less than 50% of the basin surface:
❑
❑
❑
13. Main treatment area is free} fromexcesssediment accumulation:
❑
❑y
❑
p
14. Swale or emergency outlet bypass is in the correct place and is in good condition:
❑
❑
❑
15. Drawdown device is correctly sized free of damage or clogging:
❑
❑
❑
16, Orifice size matches the approved plans
❑
❑
❑
17. Outlet is free of erosion or other signs of damage:
❑
❑
❑
18. Trash rack is installed
❑
❑
❑
19. Vegetated filter is in place (if applicable)
❑
❑
❑
20. Relative elevations match approved plans
❑
❑
❑
21. Fountain pump (if permitted) is less than or equal to the maximum allowable size:
❑
❑
®
❑
N/E=Not Evaluated
V3.3_09
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(EndorsomantRequfrad) f y/ N
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rent FIGURE 8 PARTNERS, LLC N 19a�
C3 RUDY SMITHWICK -----------
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i` or PC8633 VINTAGE CLUB DR ............
CRY WILMINGTON NC 28411
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ary""si
North Carolina Secretary of State
fil e:111C:1 Documents%20and%20Setti ngs/aadamslDes ktoplMari na%...
Elaine F. Marshall
Secretary
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DEPARTMENT OF THE
SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000
Date: 2/14/2010
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Corporation Names
Name Name Type
NC Marina Townes Phase II, LLC Legal
Limited Liability Company Information
SOSI D: 0819086
Status:
Admin. Dissolved
Date Formed:
12/21 /2005
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Thompson, Glenn
Registered Office Address,
19434 Peninsula Shc
Cornelius NC 28031
Registered Mailing Address:
19434 Peninsula Shc
Cornelius NC 28031
Principal Office Address:
19434 Peninsula Shc
Cornelius NC 28031
Principal Mailing Address:
19434 Peninsula Shc
Cornelius NC 28031
1 of 1 2/ 15/2010 1:37 PM
North Carolina Secretary of State
fi Ie:/I/C:/Documents%20and%20Settingslaadams/Des ktop/Marina%...
CORPORATIONS
North Carolina
Elaine F. Marshall D EPARTM ENT OF THE
Secretary SECRETARY OF STATE
Zorporations Home
Search By Corporate Name
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Important Notice
resale of Tickets Online
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NC Figure 8 Partners, L.L.C. Legal
Limited Liability Company Information
SOSI D:
0738487
Status:
Dissolved
Date Formed:
8/11/2004
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Registered Office Address:
Registered Mailing Address
Principal Office Address:
Principal Mailing Address:
Smithwick, Rudy
8633 Vintage Club C
Wilmington NC 2841
8633 Vintage Club C
Wilmington NC 2841
8633 Vintage Club C
Wilmington NC 2841
8633 Vintage Club C
Wilmington NC 2841
of 1 2/15/2010 1:36 PM
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JONH OICKIHS OH PLAH TATIOH PHOTO O
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Entity Details
THIS IS NOT A STATEMENT OF GOOD STANDING
File Number: 4457924 Incorporation Date 11/20/2007
/ Formation Date: (mnvdd/yyyy)
Entity Name: NORTHWEST CREEK MARINA LLC
LIMITED
Entity Kind: LIABILITY Entity Type: GENERAL
COMPANY
(LLC)
Residency: DOMESTIC. State: DE
REGISTERED AGENT INFORMATION
Name: CORPORATION SERVICE COMPANY
Address: 2711 CENTERVILLE ROAD SUITE 400
City: WILMINGTON County: NEW CASTLE
State: DE Postal Code: 19808
Phone: (302)636-5401
Additional Information is available for a fee. You can retrieve Status for a fee of $10.00
more detailed information including current franchise tax assessment, current filing histo
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1 of2 2/15/2010 1:38 PM
State of North Carolina
Department of the Secretary of State
ARTICLES OF DISSOLUTION OF
LIMITED LIABILITY COMPANY
SOSID: 0738487
Date Filed: 7/16/2009 8:46:00 AM
Effective: I2/31/20118
Elaine F, Marshall
North Carolina Secretary of State
C200919600107
Pursuant to §57C-6-06 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the
following Articles of Dissolution for the purpose of dissolving the limited liability company.
1. The name of the limited liability company is: 25f t�; u e&
2. The dates of filing of its Articles of Organization and all amendments thereto areas follows:
3. The reason for filing the Articles of Dissolution is: (please check one of the following items)
❑ The time specified in the articles of organization or the company's written operating agreement has occurred.
❑ The happening of an event specified in the company's articles of organization or their written operating agreement.
® The written consent of all members.
❑ The company no longer has any members.
❑ The entry of a decree of judicial dissolution under G.S. §57C-6-02,
4. The effective date (which shall be date certain) of the d' solution, as determined in accordance with N.C.G.S. §57C-6-01, is
M 4R,110s
5. Attach any other information determined by the managers filing these articles.
This the le day of ! 120
`3—n
Name of Limited Liability Co any
a Signature
Type or Print Na a and Title
Notes:
I. Filing fee is S30. This doeument must be filed with the Secretary of State.
CORPORATIONS DIVISION P.O. DUX 29622 RALEIGII, NC 27626-0622
(Revised January, 2002) (Farm L 07)
4Page 1 t0f 3)
Imago ID: OW001583586 Type: CRP
Recorded: 12/17/2006 at 03:26:5t PN
Grave
Fee Amt:nHC SO.00 Page 1 of 3
,
Sherri 8. Richard RegLater of Deeds
aK2777 PD585
a
:o
D
DOCUMENT COVER PAGE
f� v
Type of Document: CERTIFIED RESOLUTION OF,
CRAVEN COUNTY },fr
Dated: DECEMBER
0
0
fl
let a•-` .
By: CRAVEN CC
Property Owner: NORTHWFS
R
y O
n
, a body politic and corporate
NA,
Prepared 6y:
Sumrell, Sugg, Carmichael, Hicks /dIlart,P.A.
Attomeys at law
416 Pollock Street
Ncw Bem, North Carolina 28560
h}g)rlcpow Na 7 73')S fo
Book 2777. Paae 585. File Number
(Page 2 of 3)
4lorkflo;- Ho. 7797?o
Ill��l��l��ll�lll�ll�q!��Il�l �Il��li�l1�1�
RESOLUTION Imepe IV: 0
000
0
Pipe529
ofY3e' CRP
CRAVEN COUNTY iw2777 Pa586
REVOCATION OF
MARINA TOWNES SUBDMSTON
SECTION TWO B
WHEREAS, the Craven County Board of Commissioners (" C6ard of
Commissioners"), previously granted final approval of the Marina Townes Subdtvision,
Section Two B, as the same is shown on that certain neap recorded in Plat Cabinet`H,
Slide 8I-E in the Craven Count Registry,
y eg stry, recorded on,,D`cember 2006
("Subdivision"); and,
WHEREAS, final approval was given by thewBoard oof Comm_ Issioners on
September 18, 2006; and o
WHEREAS, as a condition of final approval, thoe owner- of the Subdivision was
required to make certain infrastructure imps vementsoin accordance with the Craven
County Subdivision Ordinance ("Ordinance"), to beet feted no later than September
18, 2007; and, y-y a o��
WHEREAS, said infrfastructure•unpro_ vements have not been completed as of the
date of this resolution; and,
WHEREAS, to' �secuiesuch�Ifrastructure improvements, the owner of the
Subdivision posted a cash \bond:,yyith Craven County, currently in the amount of
$ 190,000.00; and o
WHEkEAS;,tlie,prope-Ry comprising the Subdivision was subsequently subjected
to a foreclosure action under a duly recorded deed of trust, and according to the public
records of Craven County is now under the ownership of Northwest Creek Marina, LLC,
a Delaware lifiiitw,liability company ('NCM'); and,
WHEREAS, Craven County staff and the Craven County Attorney have
attempted unsuccessfWly to ascertain the status and intent of NCM as to the required
infrastructure improvements in the Subdivision; and,
WHEREAS, according to the public records of Craven County, no lot nor any
portion of the Subdivision has been conveyed to a third party, and all of the property
comprising the Subdivision is owned by NCM; and,
Book 2777, Page 585. File Number
(Page 3 of 3)
WHEREAS, North Carolina law authorizes a county to revoke preliminary and
final subdivision approval based upon failure to timely comply with all requirements of a
duly adopted subdivision ordinance, including but not limited to failure to timely perform
infrastructure improvement requirements.
NOW, THEREFORE, BE IT RESOLVED by the Craven County/Board
�of� q
Commissioners as follows: V.
1. Preliminary and final approvals of the Subdivision are hereby REVOKED
in their entirety; and that the Chairman of the Board of Commissioners; County, Hager,
Clerk and Attorney are hereby authorized to take all actions Had execute all'Qdooccuments
++l
necessary to accomplish the same, including but not limited to filing such statements on
the public records in the Office of the Craven County Registerld-DiWs as they deem
appropriate. Any such filings shall be properly, indexed, in the Office of the Register of
o� y
Deeds of Craven County to provide full notice of such revocation to any prospective
purchaser of any lot or property within the Subdivision
2. County staff shall determine.all.expenses Incurred by the County related to
this action, including but not limifed`to IW' 'fees- shall deduct the same from the cash
-'
bond; and remit the balance of the cash bond to the Office of the Clerk of Court of
t55
Craven County, for due,andTproper distribution to all parties which might have an interest
in the same. �- a
3. 'That _a'eerttfiedlcovy of this Resolution be filed in the Office of the
Register ofiMeds of Craven County.
A PTED this theay of December, 2008.
6
CRAVEN COUNTY
G
an, Clerk.
A.
r
�' �� Js � '•�� � Illlalltllil�li[Illlol�llll�klp�lEi�NII����
s ,•' U _ I�epa ID: 00O001583190 Type: CRP
�• '• Pape 3 of 3
!A4R,7uFj4ArdNSD0C9W00915L0W.HOC BK 2 % 7 7 pp5 8 7
Book 2777, Page 585, File Number
(Page 1 of 2)
IIWIIMdIIu IIIkIG1��6WGI011�WgYI�lll11� i�tilU�IUTAA
m
4
Prepared by and return to: �ohn C. Bircher, Ill
White & Allen, P.A.
607 Broad Street
New Bern, North Ca
NORTH CAROLINA
CRAVEN COUNTY
Imapa ]D: 0000013B41D0 Type: CRP
Recorded: 03/t4/2009 at 09:08:07 PM
Fee Amt: f17.00 Page 1 of 2
Craven, NC
Sherri B. Richard Register of Deeds
SK2703 Pa744 -
v
�e
3560
ECCOSURP, OI' DGI?D OF TRU'
(File'No. 07'SP 198)
Names of all parties to the onginal instrument:
Grantor: /tom ° ``Marina Townes Phase 11, LLC
Trustee's Name a'nd Addres Jeffrey H. Zeger., Esq.
144 East 441h Street
New York, New York 10017
.p A
1enefciary; Madison Realty Capital, L.P.
The undersigned hereby files this Notice of Foreclosure with respect to that promissory
note dated December 22, 2005 in the amount of $17,800,000.00 secured by that certain Deed of
Trust executed by the Grantor to Jeffrey 11. Zcgen, Trustee for the benefit of the Beneficiary and
recorded in the Craven County Rcgister of Deeds office in Book 2397, Page 708 pursuant to the
RALEIGH5552040_ 1
M
Book 2703, Paoe 744. File Number
(Page 2 of 2)
provisions of N.C.G.S. § 45-38. The Deed of Trust was foreclosed by sale on February 19, 2 008
and the property conveyed thereby to bid assignee Northwest Creck ;Marina, LLC on March
2008 by Trustee's Deed recorded
Craven County
Substitution of Trustee appointing the undersigned was recorded in Book 2601, Page.919,
Craven County Registry.
In witness whereof the undersigned has set his hand as of this _1rC day of Match
2008.
VL•E 1 County, North Caroliha
I certify that the following person,pei-sorialCy.appeared before me this day acknowledging to me
that he signed the foregoing document: JOIIN C. lER, III.
Datc: VUO ke I <�N2008 :.
Ara
f.
(affix Official Seal)
V:
FtALFIGHW2049_ 1
'!L. rL-6 1 , Notary Public
(Print & Type 'Name njNotary Public)
My commission expires: �-,j �
I1Wll1 flIUNNIVIlliIIIIIkIYVllllfi 1 N
Immae ID: 000001384101 TYDe: CRP
PA;? 2 Of 2
OK2703 Po745
.o z J. KrRSc ,,��I
=;C, AVB41G
'9
''a yC0Ut
Book 2703. Pace 744. File Number
0�0� W AT§ Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 Alan W. Klimck. P.E. Director
Division of Water Quality
November 22, 2005
Mr.,-,' Rudy A. Smithwick, Managing Partner
Figure Eight Partners, LLC
8211 Market Street, Suite CC
Wilmington, NC 28411
Subject: Stormwater Permit No. SVV7051111
Marina Townes, Section Two
High Density Project
Craven County
Dear Mr. Smithwick:
The Washington Regional Office received a complete Stormwater Management Permit
Application for Marina Townes, Section Two on November 21, 2005. Staff review of the
plans and specifications has determined that the project, as proposed, will comply with
the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW7051111 dated November 22, 2005, for the construction of the subject
project.
This permit shall be effective from the date of issuance until November 22, 2015, and
shall be subject to the conditions and limitations as specified therein. Please pay
special attention to the Operation and Maintenance requirements in this permit. Failure
to establish an adequate system for operation and maintenance of the stormwater
management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150E 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 Scott Vinson, or me at (252) 946-6481.
incerely,
Al Hodg
Regional Supervisor
Surface Water Protection Section
AH/sav: C:ISTORMWATERIPERMIT1SW7051111
cc: John Thomas, PE
Craven County Building Inspections
ashington Regional Office
Central Files -0,7�tCa,
;%�7QtIl1}
North Carolina Division of Water Quality . Washin. on Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Servi^.e
Internet: h2o.enr,state.ne.us 943 Washington Square Malt, Washington, NC 27889 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled , 0% Post Consumer Paper
State Stormwater Management Systems
Permit No. SW7051111
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
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 1S HEREBY GRANTED TO
Figure Eight Partners, LLC
Marina Townes, Section Two
Craven County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and
-the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until November 22, 2015, and
shall be subject to the following specified conditions and limitations.
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 107,914 square feet of
impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
Page 2 of 7
N
_ State Stormwater Management Systems
Permit No. SW7051111
6. The
following design criteria have been provided
in the wet detention pond and
must be maintained at design condition:
a.
Drainage Area, acres:
5.95
b.
Total Impervious Surfaces, ft2,
107,914
C.
Design Storm, inches:
1.0
d.
Pond Depth, feet:
5.00
e.
TSS removal efficiency:
90%
f.
Permanent Pool Elevation, FMSL:
2.00
g.
Permanent Pool Surface Area, ft2:
7,868
h.
Permanent Storage Volume, ft3:
17,725
i.
Permitted Forebay Volume, ft3:
3,515
i.
Temporary Storage Elevation, FMSL:
3.30
j.
Temporary Storage Volume, ft3:
11,530
k.
Controlling Orifice:
1.25" � pipe
I.
Receiving Stream/River Basin:
Northwest Creek. / Neuse
M.
Stream Index Number:
27-105
n.
Classification of Water Body:
"SB; Sw, NSW"
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency. The approved Operation and Maintenance Plan must be followed in its
entirety and maintenance must occur at the scheduled intervals including, but not
limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of'outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
Page 3 of 7
v' State Stormwater Management Systems
=`- Permit No. SW7051111
4. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
5. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other
supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. 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 item shown on the approved plans, including the
stormwater management measures, built -upon area, details, 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 area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
10. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
11. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
12. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall subrriit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
13. This permit shall be effective from the date of issuance until November 22, 2015.
Application for permit renewal shall be submitted 180 days prior to the expiration
date of this permit and must be accompanied by the processing fee.
Page 4 of 7
State Stormwater Management Systems
Permit No. SW7051111
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation from
_ the parties involved, and other supporting materials as may be appropriate. The
{ approval of this request will be considered on its merits and may or may not be
approved. The permittee is responsible for compliance with all permit conditions
until such time as the Division approves the transfer request.
2. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
8. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
9. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
Permit issued this -the 22nd day of November, 2005.
NORTH
L.
CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7
State Stormwater Management Systems
Permit No. SV 7051111
Marina Townes, Section Two
Stormwater Permit No. SVV7051111
Craven County
Designer's Certification
I, , as a duly registered
in the State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Page 6 of 7
State Stormwater Managf:,ment Systems
Permit Nu. SW7051111
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan_
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved'plans.
13. All required design depths are provided.
14, All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Regional Office
Craven County Building Inspections
Page 7 of 7
J
1 } 1
Marina Townes Section Two
Sedimentation & Erosion Control Report
1
September 1, 2005
2004-039
SPECIFICATIONS aECE 0
FOR NOV 21 2005
SEDIMENTATION & EROSION CONTROL DWQ-WA,RO
AT
MARINA TOWNES SECTION TWO
CRAVEN COUNTY
2004-039
OWNER: FIGURE 8 PARTNERS, LLC
8211 MARKET STREET, SUITE CC
WI.LMINGTON, NC 28411
CONSULTING ENGINEER: THOMAS ENGINEERING, P.A.
P.O. BOX 1309
NEW BERN, N.C. 28563-1309
252-637-2727
252-636-2448 fax
jlhomas744@aol.com email
6�ageaHeno3p�g
4• � �'re � ti
� e
L7 `•,lr� eyy�; o
Page 1
Marina Townes Section Two
Sedimentation & Erosion Control Report
r
September 1, 2005
2004-039
This Page Leff J Blank Intentionally
Page 2
Marin1a Townes Section Two September 1, 2005
Sedimentation &. Erosion Control Report 2004-039
INDEX
r
Specifications
CLEARING
EROSION AND SEDIMENTATION CONTROL
SEEDING'AND MULCHING
1
Page 3
Marina Townes Section Two
Sedimentation & Erosion Control Report
r
September 1, 2005
2004-039
'Chis Page Left Blank Intentionally
Page 4
September 1, 2005
2004-039
e
Marina Townes Section Two
Sedimentation & Erosion Control Report
TECHNICAL SPECIFICATIONS
Page 5
Marina Townes Section Two
Sedimentation &: Erosion Control Report
September 1, 2005
2004-039
SECTION 02100
CLEARING
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work included: Clear and grub the site as shown on the Drawings and specified herein.
B. Related work:
1. Documents affecting work of this Section include, but are not necessarily limited to, General
Conditions, Supplementary Conditions, and Sections in Division 1 of these specifications.
2. Section 02220: Backfilling and compacting.
1.2 QUALITY ASSURANCE
A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary
crafts and who are completely familiar with the specified requirements
and the methods needed for proper performance of the work of this Section.
1.3 PRODUCT HANDLING
A. Comply with pertinent provisions of the General and Special Conditions.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Provide materials, not specifically described but required for proper completion of the work of this
Section, as selected by the Contractor subject to the approval of the Engineer.
PART 3 - EXECUTION
3.1 SURFACE CONDITIONS
A. Examine the areas and conditions under which work of this Section will
be performed. Correct conditions detrimental to timely and proper completion
of the work. do not proceed until unsatisfactory conditions are corrected.
3.2 PROTECTION
Page 6
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A. Protect existing utilities indicated or made known.
B. Protect trees and shrub, where indicated to remain, by providing a fence around the tree or
shrub of sufficient distance away and of sufficient height so trees and shrubs will
not be damaged in any way as part of this Work.
C. Protection of persons and property:
1. Barricade open depressions and holes occurring as part of this Work, and post warning lights on
property adjacent to or with public access.
2. Operate warning lights during hours from dusk to dawn
each day and as otherwise required.
3. Protect structures, utilities, sidewalks, pavements,
' and other facilities from damage caused by settlement,
lateral movement, undermining, washout, and other
hazards created by operations under this Section.
D. Use means necessary to prevent dust becoming a nuisance to
the public, to neighbors, and to other work being
performed on or near the site.
E. Maintain access to the site at all times.
3.3 CONSERVATION OF TOPSOIL
I A. After the area has been cleared of vegetation, strip the
g P
existing topsoil to the depth necessary to provide at
least 6" depth of topsoil in areas shown on the Drawings
to be turfed or planted, and to fill planters, without
tcontamination with subsoil's.
B. Stockpile in an area clear of new construction.
C. Maintain the stockpile in a manner which will not obstruct
the natural flow of drainage.
' 1. Maintain stockpi
2. Keele free from debris and trash.
p the topsoil damp to prevent dust and drying out.
' 3.5 DISPOSAL
A. General:
1. Remove brush, grass, roots, trash, and other material
from clearing operations.
2. Dispose of away from site in a legal manner.
3. Do not store or permit debris to accumulate on the job
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site.
3.6 UTILITIES
A. Coordinate with utility companies and agencies as
required.
B. Where utility cutting, capping, or plugging is required,
perform such work in accordance with requirements of the
utility company or governmental agency having
jurisdiction.
END OF SECTION
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' SECTION 02270
EROSION AND SEDIMENTATION CONTROL
PART 1 GENERAL
1.1. DESCRIPTION
A. The CONTRACTOR shall provide all materials, labor,
equipment, tools, etc., and perform all required
work and services necessary for and incidental to
comply with the North Carolina Sedimentation
Pollution Control Act of 1973 and the Rules and
Regulations promulgated pursuant to the provisions
of said act.
B. All supplementary or miscellaneous items, equipment,
' appurtenances, or devices necessary for or incidental to a
complete and functional installation in compliance with the North
Carolina Sedimentation Pollution Act, whether or not shown on the
' plans or addressed in the specifications,
shall be provided and installed as part of the
work.
C. Temporary erosion control measures may be necessary
include, but are not limited to, temporary berms,
dikes, dams, drainage ditches, silt ditches,
perimeter swales, slope drains, structures,
vegetation, mulches, mats, netting, gravel or any
other methods or devices that are necessary to
control or restrict erosion. Temporary
erosion control measures may include work outside
the right -of-way or construction limits where such
work is necessary as a result of construction such
as borrow pit operations, haul roads, plant sites,
equipment storage sites, and disposal of waste or
debris. The CONTRACTOR shall be liable for all
damages..
' D. The CONTRACTOR shall be responsible for obtaining erosion and
sedimentation control permits for all land disturbing activities
prior to beginning the activity, that are beyond the scope of the
Project Erosion and Sedimentation Control Permits as obtained by
the OWNER.
E. The CONTRACTOR shall control and prevent erosion and sedimentation
during'and after all land disturbing activities by providing
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ground cover or other protective measures, structures, or devices
sufficient to restrain erosion and prevent off -site sedimentation.
F. The CONTRACTOR shall be responsible for payment of any and all
fines imposed upon the OWNER or the CONTRACTOR resulting from
compliance failure.
1.2 REGULATORY REQUIREMENTS
A. Requirements
1.North Carolina Sedimentation Pollution Control
Act.
a. A summary of the requirements and specifications as prepared
from rules and regulations by the Department of Environment,
Health and Natural Resources is attached to this section and is
hereby incorporated within this section.
B. Authority
1. The North Carolina Department of Environment, Health and
Natural Resources, Land Quality Section has jurisdiction and
authority to insure that the requirements of the North Carolina
Sedimentation Pollution Control Act are enforced.
1.3 QUALITY ASSURANCE
A. Use adequate numbers of skilled workmen who are thoroughly trained
and experienced in the necessary crafts and who are completely
familiar with the specified requirements and the methods needed
for proper performance of the work of this section.
B. Use equipment adequate in size, capacity, and numbers to
accomplish the work of this section in a timely manner.
C. In addition to complying with requirements of
Governmental agencies having jurisdiction, comply with the
directions of the soil engineer.
D. Reference Codes and Standards comply with applicable provisions
and recommendations of the following, except as otherwise shown or
specified:
1. North Carolina Erosion and Sedimentation Control Planning and
Design Manual.
2. North Carolina Erosion and Sedimentation Control Regulations
3. North Carolina Erosion and Sedimentation Control Laws.
4. North Carolina Storm Water Management
Regulations.
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' In the event of conflict between the regulations
listed above and the requirements of these
' specifications, the more restrictive requirements
shall apply.
1.4 SUBMITTALS
A. Comply with pertinent provisions of the General
Conditions.
B. Product data: Within 35 calendar days after the
Contractor has received the Owner's Notice to
Proceed, submit:
1. Materials list of items proposed to be provided under this
Section;
' 2. Manufacturer's specifications and other data needed to prove
compliance with the specified requirements;
3. Manufacturer's recommended installation procedures which
when approved by the Engineer, will become the basis for
accepting or rejecting actual installation procedures used
on the work.
1.5 SEQUENCING AND SCHEDULING
A. Planting Time:
A ground cover sufficient to restrain erosion must
be provided within 15 working days or 60 calendar
days, whichever is the shorter period, of
completion of any grading or ground disturbance.
The planting time for permanent seeding shall be 1
March through 15 October. Planting time for temporary
seeding shall be in accordance with TEMPORARY SEEDING.
Any changes to the planting time or to the seed
mixtures must have prior approval of the Engineer. The
Contractor shall be responsible for the protection of
' earth slopes and damage thereto shall be repaired, as
required, prior to seeding.
t1.6 MAINTENANCE
A. The Contractor shall maintain the seeded and mulched areas until
all work, designated portions thereof, have been completed and
accepted. Maintenance shall consist of providing protection
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against traffic by warning signs or barricades, repairing any
areas damaged as a result of his
own operations and erosion, and mowing to a height
three (3) inches when weeds of other vegetation
tend to shade or smother the new seedlings. Seeded
areas will be considered established and
satisfactory when the new growing sprouts are
visible at the surface showing not
less than nine (9) seedlings at least 2inches long
in each square foot.
B. The Contractor shall be responsible for the.proper care
(maintenance) of the seeded and mulched areas until a satisfactory
cover of growing grass is visible as specified above. During this
establishment period, it will be the responsibility of the
Contractor to repair soil washes and reseed and remulch
unsatisfactory areas.
All costs and charges in connection with work and
materials necessary for maintenance establishment
of the grass, including soil for repairs, shall be
borne by the Contractor and at no additional
expense to the OWNER. The establishment period
shall extend until conditional acceptance and/or
final acceptance in conformance with the
requirements of General conditions. Seeded areas
not showing satisfactory growth at the surface
thirty (30) days after planting shall be re -seeded
unless additional establishment time is approved.
1..7 NOTIFICATION REQUIREMENTS
A. The CONTRACTOR shall notify the North Carolina
Department of Environment, Health and Natural
Resources Land Quality Section at least ten (10)
days prior to the beginning of any land disturbing
activity.
C. The Land Quality Regional Engineer for this PROJECT
is:
1. Patrick McClain
Land Quality Section
943 Washington Square Mall
Washington, N.C. 27889
(252) 946-6481
1.8 METHOD OF PAYMENT
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1
A. Payment for EROSION AND SEDIMENTATION CONTROL shall
' Be included within the respective price for the work as shown in
the BID SCHEDULE. No additional payment shall be made for EROSION
AND SEDIMENTATION.
1 B. The above prices and payments shall be full
compensation for work covered by this section
including but not limited to the control and
' prevention of erosion and sedimentation resulting
from land disturbing activities:
1 PART 2 PRODUCT
' 2.1 TEMPORARY SILT FENCE
A. Silt fencing shall be furnished as specified in the
plans and the North Carolina Erosion and Sediment
Control Planning and Design Manual (the Manual)
Practice Standards And Specifications.
2.2. TEMPORARY GRAVEL CONSTRUCTION ENTRANCE
' A. Temporary gravel construction entrances shall be
furnished in accordance with the Manual.
B. Filter fabric underlying the temporary construction
entrance shall be Trevira Spunbond 1135, Mirafi
600X, or equal.
PART 3-EXECUTION
3.1.' TEMPORARY PRACTICES
A. Silt fencing, diversion dikes, and a temporary
construction entrance shall be installed as shown
on the plans and as specified in the Manual.
' B. Temporary seeding shall be in accordance with the
Plans and the Manual.
C. All practices shall be inspected after erodible
Storm event, cleaned, and repaired.or replaced as necessary.
1 3.2 PERMANENT PRACTICES
A. The sediment/storm water basin shall be constructed
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As specified herein, as
specified in the Manual
seeded and mulched.
B. Permanent seeding shall
Plans and the Manual
3.3 MAINTENANCE AND REPAIR
shown on the plans, and as
Side slopes shall be
be in accordance with the
A. Maintain all control measures and devices.
B. Repair all control devices and measures immediately
upon failure.
1. Corrections to violations of the North Carolina
Sedimentation Pollution Control Act shall be
Made within two (2) days.
3.4 INSTALLATION AND MAINTENANCE SEQUENCING
A. Erosion and sediment control practices and measures
shall be constructed prior to any land distrubing
or clearing activity. They shall be maintained in
accordance with the Manual and local ordinances.
They shall be removed only upon completion of all
land disturbing activities.
C. Silt fencing shall be installed downhill and
diversion
dikes uphill of the surcharge area and any soil'
stockpile areas prior to any filling activity.
C. Surface water run-on shall be diverted away from
disturbed areas by diversion dikes, rerouting ditch
paths as shown in the plans, and by installing
drains as specified in Section 02433
D. The storm water basin shall be excavated and used
as a sediment basin after surcharge operations have
been completed and prior to composting pad
construction. Drains used to keep the site dry
during excavation and backfill activities shall be
diverted to the basin.
E. Upon completion of all construction activities, and
upon stabilizing all areas disturbed by
construction activities, temporary sediment control
devices shall be removed. The basin shall be mucked
out and reconstructed to design configuration.
E. Upon removal of temporary erosion and sediment
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' control features, the construction site shall be
inspected for remaining disturbed areas. Stabilize
' any remaining disturbed areas.
END OF THIS SECTION
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SECTION 02930
SEEDING AND MULCHING
PART 1 GENERAL
I.I. DESCRIPTION
A. Work included: The work covered by this section of the
specifications consists of furnishing all labor,
equipment, and supplies, and performing all operations in
connection with seeding and mulching in strict accordance
with this section of the specifications and the applicable
drawings, and subject to the terms and conditions of the
contract.
B. Related Work:
1. Documents affecting work of this Section include, but
are not necessarily limited to, General Conditions,
Supplementary Conditions, and Sections in Division 1
of these Specifications.
A.2 SUBMITTALS
A. Seed: The Engineer shall be furnished with -four (4)
signed copies of a statement from the vendor certifying
that each container of seed delivered is fully leveled in
accordance with the Federal Seed Act and is at least equal
to the requirements for seed as herein specified. This
certification shall appear on or with all copies of
invoices for the seed. Each lot of seed shall be subject
to sampling and testing at the discretion of the Engineer.
Sampling and testing will be in accordance with the latest
rules and regulations under the Federal Seed Act.
B. Fertilizer and Lime: The Engineer shall be furnished with
four (4) copies of invoices for all fertilizer and lime
used -on the project. Invoices for fertilizer shall show
the grade furnished. Invoices for lime shall show total
minimum carbonates and minimum percentages of the material
furnished that pass the 100, 20, and 10 mesh sieves. Each
lot of fertilizer and lime shall be subject to sampling
and testing at the discretion of the Engineer. Sampling
and testing will be in accordance with the official
methods project, a final check of the total quantities of
7
in
A
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' fertilizer and lime used will be made against the total
area treated, and if the minimum rates of application have
not been met, the Engineer may require the distribution of
additional quantities of fertilizer and limes to make up
the minimum rates of application specified.
' 1.3 QUALITY ASSURANCE
' A. Use adequate numbers of skilled workmen who are thoroughly
trained and experienced in the necessary crafts and who
are completely familiar with the specified requirements
' and the methods needed for proper performance of the work
of this Section.
B. Use equipment adequate in size, capacity, and numbers to
accomplish the work of this Section in a timely manner.
' C. In addition to complying with requirements of governmental
agencies having jurisdiction, comply with the directions
of the soil engineer.
1.4 SEQUENCING AND SCHEDULING
A. Planting Time: A ground cover sufficient to restrain
erosion must be provided within 15 working days or 60
calendar days, whichever is the shorter period, of
completion of any grading or gound disturbance. The
planting time for'permanent seeding shall be I March
through 15 October. Planting time for temporary seeding
shall be in accordance with TEMPORARY SEEDING. Any
changes to the planting time or to the seed mixtures must
have prior approval of the Engineer. The Contractor shall
be responsible for the protection of earth slopes and
damage thereto shall be repaired, as required, prior to
seeding.
1.5 MAINTENANCE
A. The Contractor shall maintain the seeded and mulched areas
until all work, designated portions thereof, have been
completed and accepted. Maintenance shall consist of
providing protection against traffic by warning signs or
barricades, repairing any areas damaged as a result of his
own operations and erosion, and mowing to a height three
(3) inches when weeds of other vegetation tend to shade or
smother the new seedlings. Seeded areas will be
September 1, 2005
2004-039
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considered established and satisfactory when the new
growing sproutes are visible at the surface showing not
less than nine (9) seedlings at least 2 inches long in '
each square foot.
B. The Contractor shall be responsible for the proper care '
(maintenance) of the seeded and mulched areas until a
satisfactory cover of growing grass is visible as
specified above. During this establishment period, it '
will be the responsibility of the Contractor to repair
soil washes and reseed and remulch unsatisfactory areas.
All -costs and charges in connection with work and '
materials necessary for maintenance and establishment of
the grass, including soil for repairs, shall be borne by
the Contractor and at no additional expense to the OWNER. ,
The establishment period shall extend until conditional
acceptance and/or final acceptance in conformance with the
requirements of General conditions. Seeded areas not '
showing satisfactory growth at the surface thirty (30)
days after planting shall be reseeded unless additional '
establishment time is approved.
PART 2 PRODUCTS ,
2.1 MATERIALS - SEED
A. Seed shall be labeled in accordance with U.S. Department t
of Agriculture rules and regulations under the Federal
Seed Act in effect on the date of the invitation for Bids.
Seed which has become wet, moldy, or otherwise damaged in
transit or in storage will not be acceptable.
Seed for all areas shall meet the minimum percentage '
Purity in each lot of seed as shown below.
Kind of Seed Minimum Percentage Purity '
Sudan Grass
98
Tall Fescue
'
97
Bermuda, common-unhulled seed
97
Bahia, Pensacola
72 '
Lespedeza, Common (unscarified seed)
97
Lespedeza, Sericea (unscarified seed)
98
Kentucky Bluegrass
85 '
Rye Grain
97
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Note: Weed seed not to exceed 1 percent.
B. Fertilizer shall be 8-8-8 commercial mixed grade, uniform
in composition, free flowing, and suitable for application
with approved equipment, delivered to the site in bags or
other convenient containers, each fully labeled,
conforming to the applicable State fertilizer laws, and
bearing the name or trademark and warranty of the
producer.
C. Lime shall be ground limestone containing not less than 85
percent of total carbonates and shall be ground to such
fineness that 100 percent will pass through a No. 10 mesh
sieve and at least 90 percent will pass through a 20 mesh
sieve, and 50 percent will pass the No. 100 sieve.
Coarser materials will be acceptable provided the
specified rates of application are increased
proportionately, on the basis of quantities passing the
100 mesh sieve, but no additional payment will be made for
the increased quantity.
2.2. MATERIALS -MULCH
A. Mulch material which contains an excessive quantity of
matured seed of noxious weeds or other species which would
grow and be detrimental to the development of grasses will
not be acceptable. Straw or other mulch material which is
fresh and excessively brittle or which is in such advanced
stage of decomposition as to smother or retard the growth
of grass will not be acceptable. Mulch shall be any of
the following materials:
1. Straw: Straw shall be threshed straw of oats, wheat,
rye, beans or peanuts.
2. Hay: Hay shall be such types as native hay or broom
sedge hay.
3. Wood cellulose fiber mulch: For use with the
hydraulic application of grass seed and fertilizer,
shall consist of specialty prepared wood cellulose
dyed an appropriate color to facilitate visual
metering of application of the materials. The mulch
material shall be supplied in packages having a gross
weight not in excess of 100 pounds. The wood
cellulose fiber shall contain not in excess of 10
percent moisture, air dry weight basis. The wood
cellulose fiber shall be manufactured so that after
addition and agitation in slurry tanks with
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fertilizers, grass seeds, water, and any other
approved additives, the fibers in the material will
become uniformly suspended to form a homogeneous
slurry; and that when hydraulically sprayed on the
ground, the material will form a blotter -like ground
cover impregnated uniformly with grass seed; and
which, after application, will allow the absorption of
moisfure and allow rainfall or mechanical watering to
percolate to the underlying soil suppliers shall be
prepared to certify that laboratory and field testing
of their product has been accomplished, and that their
product meets all the foregoing requirements based
upon such testing.
B. Bituminous adhesive material: for anchoring of mulch
shall conform to one of the following types and shall be
non -toxic.
1. Asphalt emulsion - Fed Spec SS-A-674, Type 12 s-1.
2. Cutback Asphalt - Fed Spec SS-A-671, designation Rc-
70, MC-30, and MC-70.
2.3 Mixes - Seed - (permanent Seeding)
'
(P g)
A. All areas except around buildings.
• 1. Seed mixture; planting period: Year around
Kind of Seed Min. lbs. per acre ,
Tall Fescue (Ky. 31 var.) 50 '
Bermuda, common-unhulled seed 20
Bahia, Pensacola var. 50
Centipede 5
Total 125
2. On slopes 4:1 and steeper, Lespedeza Sericea will be ,
added to above mixtures at rates of 35 lbs. per acre.
B. Around buildings ,
Kind of Seed Min. lbs. per acre
Tall Fescue (Ky. 31 var.) 100
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2.4 EQUIPMENT - HYDRAULIC - PERMANENT SEEDING - (Optional)
A. General: In lieu of distributing fertilizer, seed and
mulch in separate operations as provided hereinbefore, the
Contractor has the option of combination of fertilizer,
seed and mulch.
B. Seeder: Equipment to be used for applying a seed -
fertilizer mix over prepared slopes shall be a hydraulic
seeder designed to pump and discharge a waterborne
homogeneous slurry of seed, fertilizer, and wood cellulose
fiber at the desired specified rate. The seeder shall be
equipped with a power -driven agitator, and shall be
capable of discharging up to 200 gallons per minute at 100
pounds pressure from a nozzle with clearance for 1/2 inch
solids.
C. Wood cellulose fiber mulch spreader: Hydraulic equipment
used for the application of fertilizer, seed, and slurry
of prepared wood pulp shall have a built-in agitation
system with an operating capacity sufficient to agitate,
suspend, and homogeneously mix a slurry containing up to
40 pounds of Giber plus a combined total of 70 pounds of
fertilizer solids
for each 100 gallons of water. The slurry distribution
lines shall be large enough to prevent stoppage. This
discharge line shall be equipped with a set of hydraulic
spray nozzles that will provide even distribution
of the slurry on the various slopes to be mulched. The
slurry tank shall have minimum capacity of 1000 gallons
and shall be mounted on a traveling unit which may be
either self propelled or drawn by a separate unit that
will place the slurry tank and spray nozzles near the
areas to be mulched so as to provide uniform distribution
without waste. -The Engineer may authorize equipment with
smaller tank capacity provided that the equipment has the
necessary agitation system and sufficient pump capacity to
spray the slurry in a uniform coat over the surface of the
area to be mulched.
PART 3 - EXECUTION
3.1 SURFACE CONDITIONS
A. Examine the areas and conditions under which work of this
Section will be performed. Correct conditions detrimental
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to timely and proper completion of the Work. Do not
proceed until unsatisfactory conditions are corrected.
3.2 PREPARATION OF SEEDBED - PERMANENT SEEDING
A. General: The areas to be treated and their respective
requirements for seed, fertilizer, lime, and other
treatment shall be as indicated on the drawings and/or as
specified herein. Equipment necessary for the proper
preparation of the ground surface and for handling and
placing all required materials shall be on hand, in good
condition, and shall be approved before the work is
started. The contractor shall demonstrate to the Engineer
before starting work that the application of the materials
required will be made at the specified rates.
B. Clearing and cleanup of seedbed area: Prior to tillage
operations in graded areas, the surface shall be regraded
as may be required to restore any eroded or unsuitable
surface; vegetation on the site, if any, that might
interfere with tillage or seeding operations shall be
mowed, raked, and burned or removed from the site. Also,
prior to or during tillage operations, ground surfaces to
be seeded shall be cleared of stumps, roots, cable, wire,
grade stakes, and other materials that might hinder proper
tillage, seeding or subsequent maintenance operations.
C. Tillage: In the graded areas, tillage shall consist of
discing, scarifying or otherwise loosening the soil to a
minimum depth of 4 inches. Clods shall be broken and the
soil worked into a satisfactory seedbed by discing,
harrowing, or other suitable methods. Slope surfaces upon
which power tillage equipment cannot operate shall be
grooved or punctured by hand or other suitable means so as
to provide small pockets, ridges, or trenches in which
seeding materials can lodge. Tillage or the preparation
of the seedbed shall not be done when the soil is frozen,
extremely wet, or otherwise in an unfavorable working
condition.
3.3 APPLICATION - FERTILIZER AND LIME - PERMANENT SEEDING.
A. Application of Fertilizer: Fertilizer shall be
distributed uniformly at a rate of 1,200 pounds per acre.
over the areas to be seeded and shall be incorporated into
the soil to a depth of at least 4 inches by discing,
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harrowing, or other acceptable methods in grades areas.
The incorporation of fertilizer may be a part of the
' tillage operation specified above. Distribution by means
of an approved seed drill equipped to sow seed and
distribute fertilizer at the same time will be acceptable.
B. Application of lime: Immediately following or
simultaneously with the incorporation of fertilizer, lime
' shall be distributed uniformly at a rate of 2000 pounds
per acre over the areas to be seeded and shall be
incorporated into the soil to a depth of at least 4 inches
' by discing, harrowing, or other acceptable methods in the
graded areas. The incorporation of the lime along with
the fertilizer may form a part of the tillage operation
especified above.
C. Leveling: Depressions or irregularities in the surface
resulting from tillage, fertilizing, liming, or other
operations shall be leveled before seeding operations are
begun except in ungraded areas where the condition of the
surface and soil would make this operation impraticable.
3.4 APPLICATION - SEED - PERMANENT SEEDING
A. General: All seeding work shall be accomplished using the
proper seed mixture, during the planting periods listed
1 below, except as otherwise directed, in writing, by the
Engineer. A satisfactory method of sowing shall be
employed, making use of approved mechanical powerdrawn
' drills or seeders, mechanical handseeders, or other
approved methods. When drills are used, provision shall
be made by markers or other means to assure that the
successive seeded strips will overlap or be separated by a
space no greater than the space left between the rows
planted by the equipment being used. When delays in
operations carry the work beyond the most favorable
planting period for the species designated, or when
conditions are such, by reason of drought, high winds,
excessive moisture, or other factors, that satisfactory
results are not likely to be obtained, the work will be
stopped by the Engineer and shall be resumed only when
directed. If inspection, during seeding operations or
after there is a show of green, indicates that strips
wider than the space between the rows planted have been
left unplanted, or that other areas have been skipped, the
Engineer may require the sowing of additional seed on
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these areas.
B. Drill seeding shall be done with approved equipment with
drills not more than 10 inches apart. The seed shall be
sown uniformly over the designated areas. The seed shall
be sown to an average depth of 1/4 inch and at the rate
specified. Sloped surfaces shall be sown with the drill
moving perpendicular to the slope. Broadcast seeding by
use of distributors such a a "Cyclone" seeder will be
permitted only as specifically authorized by the Engineer.
3.5 APPLICATION - MULCHING
A. All areas shall be uniformly mulched in a continuous
blanket immediately following seeding operations. Mulch
shall be spread at a rate of 1 1/2 tons to the acre. It
is intended that mulch shall allow some sunlight to
penetrate and air to circulate, at the same time shading
the ground, reducing erosion and conserving soil moisture.
The thickness of the covering shall be adequate to hold
the soil but sufficiently loose and open to favor the
development of grass.
B. Immediately following the spreading of the mulch, the
material shall be anchored to the soil by means of a seed
drill, cultipacker, disc harrow set to cut only slightly,
or other suitable equipment which will secure the mulch
firmly and prevent loss or bunching by wind or rain, or
may be anchored with string lines placed at sufficient
intervals. On slopes where machinery cannot be used,
mulch may be retained in place by hand spading, string
lines, or other approved means which will not be
detrimental to subsequent maintenance. Upon completion,
the surface of the mulched areas shall be reasonably
smooth and free from clods of earth, bumps or waterholding
pockets.
C. On slopes 4:1 or steeper, the mulch shall be further
anchored in place by the application of emulsified asphalt
or cut -back asphalt of the types SS-1 or Rc-70, MC-30 and
MC-70, respectively, and shall be non -toxic to the growth
of grass. The bituminous material shall be applied at the
rate of 0.2 to 0.4 gallons per square yard by an approved
method of pressure distribution. The application of the
bituminous adhesive may be part of the mulching operations
if an approved mulching machine is used which is equipped
7
J
I
I
I
'I
Page 24
Marina Townes Section Two
Sedimentation & Erosion Control Report
September I, 2005
2004-039
to coat and distribute the mulch simultaneously.
3.6 APPLICATION - HYDRAULIC EQUIPMENT
A. Fertilizer shall be distributed at the rate of 6000 pounds
per acre and incorporated to a depth of at least three (3)
inches as specified herein. Additional fertilizer at the
rate of 600 pounds per acre shall be distributed
simultaneously with the seed using an approved seeder.
B. The distribution and rate of application of lime shall
conform to the requirements as specified herein.
C. Seeds and mulch. the combination of seeds and rates of
application shall conform to the requirements as specified
herein.
The wood cellulose fiber mulch shall be applied at the
rate between 1000 and 1200 pounds per acre in the mixture
of seed and fertilizer.
' D. Maintenance and establishment shall conform to
requirements hereinbefore specified.
3.7 TEMPORARY SEEDING
A. General: The work covered by this paragraph consists of
the seeding of selected areas in advance of the permanent
seeding and mulching operations so as to minimize erosion
of grade areas during construction operation. Temporary
seeding shall be considered as a supplement to and not as
a substitute for the requirements for the control of
erosion and siltation provided in other sections of the
specifications. The work shall include preparing
seedbeds; furnishing, placing, and covering fertilizer and
seed; and any other operations necessary for the seeding
of the required areas; all in accordance with these
specifications.
B. Temporary seed location and planting time: The work of
temporary seeding shall be done promptly at the locations
and times directed by the engineer. Temporary seeding
shall be done under any or all of the following conditions
as directed by the Engineer.
1 1. When it is impossible or impratical to bring an area
to final line, grade, and finish so that permanent
seeding and mulching operations can be performed
1
1 Page 25
Marina Townes Section Two
September 1, 2005
Sedimentation & Erosion Control Report
2004-039
without subsequent serious disturbance by additional
grading;
2. When erosion occurs or is considered to be potentially
'
substantial on areas of graded roadbed where
construction operations are temporarily suspended;
3. During seasons of the year when permanent seeding and
mulching is prohibited by these specifications.
4. When an immediate cover would be desirable to minimize
erosion, siltation, or pollution on any area.
'
C. Fertilizer shall be applied at the rate of 800 pounds and
seed at the rate of 125 per acre.
'
D. Seed: Sudan grass shall be used in summer months and Rye
Grain during the remainder of the year. The Engineer will
determine the exact dates for using each kind of seed.
E. Lime: the Contractor may add the lime required for ,
permanent seeding during this operation, provided the area
on which temporary seeding is being done is to final line
and grade. Compensation for the lime will be made when
the permanent seeding is done on this area.
F. Seedbed preparation: Areas to be seeded shall be loosened
'
to the depth directed by the Engineer but in no case
greater than 4 inches. The required depth will depend on
the soil conditions and topography of the seedbed. The
entire surface to be seeded will have adequate furrows,
ridges, with reasonable assurance that the materials will
not be easily displaced by wind, rain, or surface runoff.
t
G. Applying and covering fertilizer and seed: The rates of ,
application of fertilizer and seed shall be as herein
specified. No fertilizer or seed shall be applied when
the the Engineer determines that conditions are
unfavorable for such operations. The fertilizer or seed
shall be distributed uniformly over the seedbed at the
required rates of applications. Fertilizer and seed shall '
be covered or left uncovered, as directed by the Engineer.
If covering is required, it shall be to the degree
acceptable to the Engineer for the prevention of
displacement by wind, rain, or surface runoff.
3.8 FIELD QUALITY CONTROL '
Page 26 '
Marina Townes Section Two September 1, 2005
Sedimentation & Erosion Control Report 2004-039
A. The Contractor shall establish and maintain quality
control for seeding operations to assure compliance with
contract requirements and maintain records of his quality
control for all operations including but not limited to
the following:
1. Clearing and Cleanup of Seedbed Area
2. Tillage
3. Application of Fertilizer and Lime
4. Leveling Seedbed.
5. Seeding
G. Mulch Properly Placed and Anchored
7. Satisfactory stand of grass. Coverage of the planted
species at the end of the maintenance period and
maintenance procedures shall be in accordance with the
specifications.
B. A copy of the quality control records and test reports, if
' required, as well as corrective action taken, will be
furnished the Owner as directed by the Engineer.
END OF SECTION
Page 27
Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:252.636.2448
email: jthomas744@aol.com
US MAIL
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Scott Vinson
Re: Request For More Information
Stormwater Plan "Express Permitting"
Marina Townes Section Two
Craven County
2004-039
Dear Scott,
RECEIVED
r
NOV 21 2005
DWQ-WNARO
November 18, 2005
Please find enclosed two copies each of the revised plan sheet 2 of 7 and the
seeding specifications per your most recent email for the referenced project.
If you should have any questions or comments, please do not hesitate to call.
Since y,
J G. Thomas, P.E.
Encl
Marina Townes, Section Two
Subject: Marina Townes, Section Two
From: Scott Vinson <Scott.V inson@ncmai 1. net>
Date: Fri, 18 Nov 2005 15:31:57 -0500
To: John Thomas <JThomas744@aol.com>
John,
After reviewing the Stormwater Permit Application for Marina Townes,
Section Two, SW7051111, I request the following:
1)Per our phone conversation today I will add "Pump" to the supplement form
as the means to which the pond can be drawn down in case of repairs or an
emergency. 2)I also need the seeding specifications for the vegetation of the
swales and
the slope above the pond's permanent pool elevation.
3)In addition, please label the Mean High Water Line. Please have this additional
information to me at the Washington Regional
Office by Monday, November 28, 2005.
Please call or write if you have any questions,
Scott Vinson
DWQ-WaRO
1 of 1 11/18/2005 3:32 PM
Marina Townes Section Two
Stormwater Report
Craven County, NC
ENGINEERING REPORT
FOR
STORMWATER IMPROVEMENTS
September 1, 2005
2004-039
RECEgVED
AT NOV - 7 2005
MARINA TOWNES SECTION TWO DWQ_WARQ
CRAVEN COUNTY
III
OWNER: FIGURE 8 PARTNERS, LLC
8211 MARKET STREET, SUITE CC
WILMINGTON, NC 28411
CONSULTING ENGINEER: THOMAS ENGINEERING, P.A.
P.O. BOX 1309
NEW BERN, N.C. 28563-1309
252-637-2727
252-636-2448 fax
jthomas744@aol.com email
`+'`oraeeyiee®o
m ....... "7 e
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Page.1
Marina Townes Section Two
Stormwater Report
Craven County, NC
This Page Left Blank Intentionally
September 1, 2005
2004-639
Page 2
Marina Townes Section Two September I, 2005
Stormwater Report 2004-039
Craven County, NC
NARRATIVE
1 PROJECT DESCRIPTION
' This project consists site development work to include installation of utilities, streets,
parking, site grading, soil stabilization, and construction of townhouses on 59525
acres of land proposed for multi -family development for Marina Townes Section
' Two, located adjacent to the Fairfield Harbour Marina off NCSR 1600 in Craven
County.
' SITE DESCRIPTION
This site varies between elevation 3.00 ft and 5.00 ft NGVD and is partially wooded.
There are no 404 wetlands on this site. This site is subject to the Neuse River Buffer
Rules and CAMA as shown on the drawings.
ADJACENT PROPERTY
This tract is bordered on the west by the Fairfield Harbour Marina located on
' Northwest Creek, on the south by undeveloped property, on the east by Riverview
Drive, and on the north by the Marina Townes @ Fairfield Harbour development.
SOILS
The soils on this site are not natural in that at the time the Marina was excavated,
approximately 40 years ago, material, which is predominantly sandy, was placed on
this site from the excavation of the marina adjacent to Northwest Creek. Therefore,
' the current soils mapping information as found in the Craven County Soil Manual is
not accurate.
' STORMWATER MANAGEMENT
This development is being developed as a high density project with the overall
percent of impervious cover at 42 %. Stormwater will be collected by underground
storm sewers and grass lined swales and treated in a stormwater wet detention pond
before being discharged.
Page 3
Marina Townes section Two
Stormwater Report
Craven County, NC
SUPPORTING DOCUMENTS
A. Site Data
September 1, 2005
2004-039
1. Built Upon Area
Streets (asphalt), Driveways (concrete) ..................... 51,082 sf (1.1727 ac)
Buildings (Roofs) ................................... ........56,832 sf (1.3047 ac)
Total Built Upon Area................................107,914 sf (2.4774 ac)
2. Total Project Area .................. 259,290 sf (5.9525 ac)
3. Percent Impervious Area
. ( 107,914 sf / 259,290 sf ) (100) = 42 % > 30%
B. Determination of Wet Detention Pond Surface Area
1) Reference Attachment "A" 90% TSS removal without vegetative filter
5) Proposed Pond Depth: 5.0 ft
6) Imperious Percent: 42 %
7) Drainage Area: 259,290 sf (5.9525 ac)
8) Surface Area/Drainage Area: 2.94 %
(Interpolated from attachment "A") 90% TSS Removal
Where:
Impervious % = 42 %
Permanent Pool = 5.0 ft
9) Pond Surface Area:
a) Required 259,290 sf X 0.0294 = 7624 sf
b) Provided Design pond surface area (SA)= 7868 sf (@ permanent pool
elevation)
C. Determination of required storage following a one inch
rainfall event:
Where C for building roofs = 1.0
paved areas = 0.9
Page 4
Marina Townes Section Two September 1, 2005
Stormwater Report 2004_039
Craven County, NC
green areas = 0.2
1) Building Roofs
(56,832 sf)(1.0)(1 inch)(1 ft / 12 inch) = 4736 cf
2) Paved Areas
(51,082 sf)(0.9)(1 inch)(1 ft / 12 inch) = 3832 cf.
3) Green Areas
(151,376 sf)(0.2)(1 inch)(1 ft/ 12 inch) = 2523 cf
4) Required Total Storage Volume ....... 11,091 cf
5) Storage Depth (1 inch rainfall)(h)
H = Volume/SA (estimated)
H = 11,091 cf / 7868 sf
H = 1.4 ft
Try H = 1.3
{(Temp Pool sf @ elev 3.3 + Perm Pool sf @ elev 2.0)/2} x 1.3 =
{(9870 + 7868)/2} x 1.3 = 11,530 cf > 11,091 cf A
6) Provided Storage Volume .............. 11,530 cf
D. Draw down determination (based on 1 inch rainfall)
1) Q (2 dys) = 11,530 cf / (2 dys)(24 hrs/dy)(60 min/hr)
(60/sec/min) = 0.0667 cfs
2) Q (5 dys) = 11,530 cf / (5 dys)(24hrs/dy)(60min/hr)
(60/sec/min) = 0.0267 cfs
3) Orifice Size
a) Orifice Formula
Area = [Q/Cd divided by the square root of (2gh)] x 144 sgin/sf
Where h = H/2
Cd = 0.6
g = 32.174ft/sec 2
b) Area for Q (2dys)
Area=[(0.0667 cfs / 0.6 divided by the square root of (2g 0.65 ft)](144 sgin/sf)
Area = 2.48 sq in
Pipe Dia = 2 times the square root of 2.48 / Pi = 1.78 in
c) Area for Q (5dys)
Area=[(0.0267 cfs / 0.6 times the square root of(2g 0.65 ft)](144 sqin/sf)
Area = 0.99 sq in
Pipe Dia = 2 times the square root of 0.99 / Pi = 1.12 in
d) Selected Orifice Size
Page 5
Marina 'Townes Section Two
Stormwater Report
Craven County, NC
Use 1.25 in orifice
E. Runoff calculation for riser sizing and overflow:
1) Rational Method Q=CIA
Where Q = Peak rate of runoff (cfs)
C = Runoff coefficient
Building Roofs = 1.0
Paved Areas = 0.9
Green Areas = 0.2
I = Average intensity of rainfall (inches)
( I oyr)
A = Drainage area (acres)
2) Determination of Peak Flow Q
C = (56,837 sD(1.0)+(51,082 sf)(0.9) (151,371 so(0.2)
259,290 sf
C= 0.51
H (Height difference) = 2 ft
L (length of travel) = 800ft
Tc (time of Conertractor) = 14 min
i = 4.8 in
10
Q = CIA
Q = (0.51)(4.8 in)(5.9525 ac) = 14.57 cfs
10
F. Outlet pipe & riser determination
1. Riser Pipe
September 1, 2005
2004-039
1.5
Q = 3.33(L-0.2H) H . (Weir overflow formula for riser determination)
Q = 14.57 cfs
10
H=8in
L = 8.20 ft
Riser diameter "d" = L / pi = 2.61 ft (Use 48 in diameter riser)
2. Outlet Pipe = 30 in (see exhibit "Worksheet Pipe P-2 Pond Outlet")
1
1
1
1
1
1
1
1
Page 6
Marina Townes Section Two
Stormwater Report
' Craven County, NC
1
Exhibits
September I, 2005
2004-039
Page 7
STORMWATER POND # 1 VOLUME TABLE 2004039
AREA TABLE
ELEV.
DESCRIPTION
FORE BAY
MAIN POND
TOTALS
FORE BAY
MAIN POND
TOTALS
3.30'
TEMP. POOL
2843 SF
7027 SF
9870 SF
STORAGE
3244 CF
8286CF
11530 CF
2.00
PERM. POOL
2116 SF
5752 SF
7868 SF
1527 CF
4626 CF
6153 CF
1.00
SHELF EDGE(IC)
938 SF
3500 SF
4438 SF
1988 CF
9584 CF
11572 CF
-3.00'
BOTTOM
56 SF
1292 SF
1348 SF
TOTALS P.P. - BTM
3515 CF
1.4210 CF
17725 CF
FOREBAY VOLUME _ 3515 CF X 100 = 19.80% (OK)
TOTAL VOLUME - 17725 CF
i
Worksheet Pipe P-2 Pond Outlet
Worksheet for Circular Channel
Project Description
' Project File
c:lprogram fileslhaestadlfmwlmarina t.fm2
Worksheet
Pipe P-2 Pond Outlet
Flow Element
Circular Channel
Method
Manning's Formula
Solve For
Channel Depth
Input Data
Mannings Coefficient
0,013
Channel Slope
0.002500 ft/ft
Diameter
30.00 in
Discharae
14.57 cfs
Results
Depth
1.56
ft
Flow Area
3.21
ft2
Wetted Perimeter
4.55
ft
Top Width
2.42
ft
'
Critical Depth
1.29
ft
Percent Full
62.27
Critical Slope
0.004582 ft/ft
Velocity
4.53
ft/s
Velocity Head
0.32
ft
Specific Energy
1.88
ft
' Froude Number
0.69
Maximum Discharge
22.06
cfs
Full Flow Capacity
20.51
cfs
Full Flow Slope
0.001262 ft/ft
Flow is subcritical.
11 /DQ05
' 11:26:56 AM Haestad Methods. Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666
FlowMaster v5.11
Page 1 of 1
Cross Section Pipe P-2 Pond outlet
Cross Section for Circular Channel
Project Description
Project File
cAprogram fileslhaestadlfmwlmarina t.fm2
Worksheet
Pipe P-2 Pond Outlet
Flow Element
Circular Channel
Method
Manning's Formula
Solve For
Channel Depth
Section Data
Mannings Coefficient
0.013
Channel Slope
0.002500 ft/ft
Depth
1.56 ft
Diameter
30.00 in
Discharge_
14.57 cfs
1.56 ft
1
V N
H 1
NTS
30.00 in
11/04/05 FiowMaster v5.11
1 11:27:07 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1
Appendices
Table 8.05d
Maximum Permissible
Velocities for Unprotected
Soils in Existing Channels.
Sample Problem 8.05a
Design of a
grass -lined channel.
Materials
Fine Sand (noncolloidal)
Sand Loam (noncolloidal)
Silt Loam (noncolloidal)
Ordinary Firm Loam
Fine Gravel
Stiff Clay (very colloidal)
Graded, Loam to Cobbles (noncolloidal)
Graded, Silt to Cobbles (colloidal)
Alluvial Silts (noncolloidal)
Alluvial Silts (colloidal)
Coarse Gravel (noncolloidal)
Cobbles and Shingles
Given:
Design 010 = 16.6 cis
Maximum Permissible
Velocities (fps)
2.5
2.5
3.0
3.5
5.0
5.0
5.0
5.5
3.5
5.0
6.0
5.5
Proposed channel grade = 2%
Proposed vegetation: Tall fescue
Soil: Creedriloor (easily erodible)
Permissible velocity, Vp = 4.5 ft/s (Table 8.05a)
Retardance class: `B" uncut, "D" cut (Table 8.05c).
Trapezoidal channel dimensions:
designing for low retardance condition (retardance class D)
design to meet Vp.
Find:
Channel dimensions
Solution:
Make an initial estimate of channel size
A = QN; 16.6 cis/4.5 ft/sec = 3.69 ft2
Try bottom width = 3.0 it w/side slopes of 3:1
Z=3
A=bd+Zd2
P-b+2d
R=A/P
An iterative solution using Figure 8.05a to relate flow depth to
Manning's n proceeds as follows: Manning's equation is used
to check velocities
'From Fig. 8.05c. pg. •8,05.7, Retardance Class d (VRs4.5x0.54-2.43)
d (tt) A (II')R (it) ' n V (fps) Q (cis) Comments
0.8 4.32 0,54 0.043 3.25 14.0 V<VpOK,
Q<01o,
(too small, try deeper channel)
0.9 5.13 0.59 0,042 3.53 18.10 V<Vp, OK,
Q>Qto, OK
Now design for high retardance (class B):
For the ease of construction and maintenance Assume and
Try d = 1.5 it and trial velocity, Vt = 3.0 ft/sec
d (It) A (W) R (It) V1(fps) n V (fps) Q (cts) Comments
1.5 11.25 0,90 3.0 0.08 2.5 28 reduce Vt
2.0 0.11 1.B 20 reduce Vr
1.6 0.12 1.6 18
..1.5 0.13 1.5 17 Q>Q10 OK
"These assumptions = actual. V (fps.) (chart conned on next page)
8.05.9
Rev. 17193
0
Table 8.05a
Maximum Allowable Design Velocities'
for Vegetated Channels
Typical Soil
Channel Slope Characteristics
Grass Lining
Permissible Velocity3
for Established Grass
Application
Lining (It/sec)
0-5% Easily Erodible
Bermudagrass
5.0
Non -plastic
Tall fescue
4.5
(Sands & Silts)
Bahiagrass
4.5
Kentucky bluegrass
4.5
Grass -legume mixture
3.5
Erosion Resistant
Bermudagrass
6.0
Plastic
Tall fescue
5.5
(Clay mixes)
Bahiagrass
5.5
Kentucky bluegrass
5.5
Grass -legume mixture
4.5
S 10% Easily Erodible
Bermudagrass
4.5
Non -plastic
Tall fescue
4.0
(Sands & Silts)
Bahiagrass
4.0
Kentucky bluegrass
4.0
Grass -legume mixture
3.0
Erosion Resistant
Bermudagrass
5.5
Plastic
Tall fescue
5.0
(Clay Mixes)
Bahiagrass
5.0
Kentucky bluegrass
5.0
Grass -legume mixture
3.5
>10% Easily Erodible
Bermudagrass
3.5
Non -plastic
Tall fescue
2.5
(Sands & Silts)
Bahiagrass
2.5
Kentucky bluegrass
2.5
Erosion Resistant
Bermudagrass
4.5
Plastic
Tall fescue
3.5
(Clay Mixes)
Bahiagrass
3.5
Kentucky bluegrass
3.5
Source: USDA-SCS Modified
NOTE. 'Permissible Velocity based on 10-yrrstorm peak runoff
2Soil erodibility based on resistance to soil movement
from concentrated flowing water.
313efore grass is established, permissible velocity is determined by the type of temporary liner used.
Selecting Channel To calculate the required size of an open channel, assume the design flow is _
uniform and does not vary with time. Since actual flow conditions change
Cross -Section throughout the length of a channel, subdivide the channel into design reaches,
Geometry and design each reach to carry the appropriate capacity.
The three most commonly used channel cross -sections arc "W-shaped, par-
abolic, and trapezoidal. Figure 8.05b gives mathematical formulas for the area,
hydraulic radius and top width of each of these shapes.
8.05.4
0
Table 8.03a
Value of Runoff Coefficient
(C) for Rational Formula
Land Use
C
Land Use
C
Business:
Lawns:
Downtown areas
0.70-0.95
Sandy soil, flat, 2%
0.05-0.10
Neighborhood areas
0.50-0.70
Sandy soil, ave., 2-7%
0.10-0.15
Sandy soil, steep, 7%
0,15-0.20
Residential:
Heavy soil, flat, 2%
0.13-0.17
Single-family areas
0.30-0.50
Heavy soil, ave., 2-7%
0.18-0.22
Multi units, detached
0.40-0.60
Heavy soil, steep, 7%
0.25-0.35
Multi units, attached
0.60-0.75
Suburban
0.25-0.40
Agricultural land:
Bare packed soil
Industrial:
Smooth
0.30-0.60
Light areas
0.50-0.80
Rough
0.20-0.50
Heavy areas
0.60-0.90
Cultivated rows
Heavy soil no crop
0.30-0.60
Parks, cemeteries
0,10-0.25
Heavy soil with crop
0.20-0.50
Sandy soil no crop
0.20-0.40
Playgrounds
0.20-0.35
Sandy soil with crop
0.10-0.25
Pasture
Railroad yard areas
0.20-0.40
Heavy soil
0.15-0.45
Sandy soil
O.o5-o.25
Unimproved areas
0.10-0.30
Woodlands
0.05-0.25
Streets:
Asphalt
0.70-0.95
Concrete
0.80-0.95
Brick
0.70-0.85
Drives and walks 0.75-0.85
Roofs 0.75-0.85
NOTE: The designer must use judgment to select the appropriate C value
within the range for the appropriate land use. Generally, larger areas with
permeable soils, flat slopes, and.dense vegetation should have lowest C
values. Smaller areas with slowly permeable soils, steep slopes, and
sparse vegetation should be assigned highest C values.
Source: American Society of Civil Engineers
The overland flow portion of flow time may be determined from Figure 8.03a.
The flow time (in minutes) in the channel can be estimated by calculating the
average velocity in feet per minute and dividing the length (in feet) by the
average velocity.
Step 4. Determine the rainfall intensity, frequency, and duration (Figures 8.03b
through 8.03g—source: North Carolina State Highway Commission; Jan.
1973). Select the chart for the locality closest to your location. Enter the -
"duration" axis of the chart with the calculated time of concentration, Tc. Move
vertically until you intersect the curve of the appropriate design storm, then
move horizontally to read the rainfall intensity factor, i, in inches per hour.
Step 5. Determine peak discharge, 0 (ft3/sec), by multiplying the previously
determined factors using the rational formula (Sample Problem 8.03a).
8.03.2
0
ar
0
m
O
ca
C
0
O_
N
O
E
4)
Z5
O
E
O
L
P
H (ft)
cnn
Note:
Use nomograph Tc for natural basins with well-defined channels, for overland
flow on bare earth, and for mowed -grass roadside channels.
For overland flow, grassed surfaces, multiply Tc by 2.
For overland flow, concrete or asphalt surfaces, multiply Tc by 0.4.
For concrete channels, multiply Tc by 0.2.
Figure 8.03a Time of concentration of small drainage basins.
Tc(min)
200
100
50
10
A
a
8.03.4
Appendices
20
15
10
8
:3 6
0
L
(6 4
L
U
2
� I
0.8
° 0.6
0.4
0.2
a
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5 10 20 40 60 2 3 4 6 8 12 18 24
Minutes Hours
Duration
Figure 8.036 Rainfall intensity duration curves —Wilmington.
0..
5 10 20
Minutes
Figure 8.03c Rainfall intensity duration curves —Hatteras.
40 60 2 3 4 6 8 12 18 24
Hours
Duration
8.03.5
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Name: UPPER BOARD CREEK
Date: 11/02005
Scale: 1 inch equals 2000 feet
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Location: 035* 03'51.80. N 076' 57'39-86" W
Caption: Madna Townes Section Two
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ISoil Survey
ILF—Lafitte muck, frequently flooded. This soil is
nearly level and very poorly drained. It is on marsh flats
^djacent to the Neuse River, Trent River, and the larger
Uenty.
eks in the central and southeastern parts of the
The areas are long, variable in width, and range
from 5 to 200 acres. Elevation is less than 2 feet above
fs
a level. Access is limited in many places because of
ter, so observations of this soil were not as detailed
those of other soils. The mapping, however, was
controlled well enough to make interpretations for the
Ixpected uses.
Typically, the soil is organic matter 54 inches thick. It
is black muck to a depth of 15 inches and has a dense
(rayish
of mat. Below that, it is black and very dark brown
uck. The underlying mineral material is very dark
brown sandy loam to a depth of 72 inches.
Permeability is moderately rapid. The soil ranges from
lightly acid to. moderately alkaline. The high water table
at or near the surface continuously, and the soil is
"bjectuto frequent flooding for long periods. The salt
concentration generally ranges from 5 to 10 parts per
[ousand. Subsidence is a problem it this soil is drained.
included with this soil in mapping are some areas of a
soil similar to Lafitte soil except that it has an organic
yer that is less than 51 inches thick. Also included are
me very poorly drained mineral soils adjacent to
plands and stream terraces and a few areas of a soil
similar to Lafitte soil except that it is in marshes that
rvesalt concentrations of less than 5 parts per
ousand. The included soils make up about 20 to 30
percent of this map unit.
The acreage of this Lafitte soil is in native vegetation
t1posure
t is adapted to long periods of wetness, flooding, and
to salt. Common plants are big cordgrass,
sawgrass, seashore mallow, saltgrass, rose mallow,
lack needlerush, and climbing hempweed. The
arshland areas are an important part of the ecology of
e Neuse Estuary. The marsh plants contribute nutrients
to the estuary benefiting fish and shellfish and provide
bitat for wetland wildlife.
This soil is not used as cropland, woodland, or sites
Tor buildings, sanitary facilities, or recreation.
This La tte-sail is in capability subclass VIIIw. There is
W woodland ordination symbol for this soil.
Ln—Leon sand) This soil is nearly level to gently
oping and po rly drained. It is on low ridges and flats
d�dspressions on uplands and stream terraces.
me of the larger areas of this soil are in the vicinity of
Bridgeton. The areas are irregular in shape and range
tick
m 5 to 200 acres.
Typically, the surface layer is black sand 7 inches
. The subsurface layer is light brownish gray
uncoated sand to a depth of 21 inches. The subsoil
tends to a depth of 49 inches. It is black and very dark
own weakly cemented and brittle sand. The
substratum to a depth of 72 inches is pale brown sand.
Craven County, North Carolina
Permeability is rapid in the surface and subsurface
layers and moderate to moderately rapid in the weakly
cemented subsoil. The available water capacity is very
low in the surface and subsurface layers and low in the
subsoil. The soil ranges from extremely acid to strongly
acid except where lime has been added. The seasonal
high water table is commonly within 1 foot of the surface
from November to April. Low-lying areas of this soil are
subject to rare flooding.
Included with this soil in mapping are small areas of
Murville, Seabrook, and Kureb soils. The Murville soils
are very poorly drained and are in depressions. The
Kureb soils are excessively drained and are on ridges.
The Seabrook soils are moderately well drained.
Occurring at random within the mapped areas are these
Seabrook soils and small areas of soils similar to the
Leon soil except that they have a weakly cemented
subsoil 30 to 50 inches below the surface or they have
loamy material within a depth of 80 inches. The included
soils make up 10 to 15 percent of this map unit.
This Leon soil is used mainly as woodland. The
dominant trees are loblolly pine, longleaf pine, and pond
pine. Scattered water oak, blackgum, and red maple are
also on this soil. The understory plants include threeawn
grass, blueberry, huckleberry, brackenfern, bitter
gallberry, large gallberry, fetterbush, waxmyrtle,
sassafras, turkey oak, redbay, and sweetbay. Wetness
during the winter months limits woodland use and
management, and the soil is droughty during the growing
season. Rooting depth is restricted by the weakly
cemented subsoil.
This soil is not used as cropland because of wetness
during the winter and spriiti, droughtiness in summer,
the weakly cemented subsoil, and leaching of plant
nutrients. In a few areas, this soil is used for blueberries
and for pasture forages, such as coastal bermudagrass.
Seasonal wetness and rare flooding of low-lying areas
limit the use of this soil as sites for buildings, sanitary
facilities, and recreation. A drainage system reduces
wetness, but the weakly cemented subsoil interferes with
installation and performance of the system, and caving
of ditchbanks is a maintenance problem. The hazard of
flooding should be determined at specific sites before
Planning use and management. Droughtiness in the
summer is a limitation in establishing and maintaining
lawns and shrubs.
This Leon soil is in capability subclass IVw. The
woodland ordination symbol is 4W.
Ly—Lynchburg fine sandy loam. This soil is nearly
level and somewhat poorly drained. It is on flats and in
depressions on uplands throughout the county. The
areas are irregular in shape and range from 5 to 150
acres.
Typically, the surface layer is very dark grayish brown
fine sandy loam 9 inches thick. The subsurface layer is
Pale brown fine sandy loam to a depth of 14 inches. The
0
Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Beni, NC 28563
252,637,2727 fax:252,636.2448
email: jtliomas744@aol.com
HAND DELIVERED
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Scott Vinson
Re: Stormwater Plan "Express Permitting"
Marina Townes Section Two
Craven County
2004-039
Dear Scott,
November 4, 2005
RECU E
NOV -72M
DWQ-WARQ
Please find enclosed the Stormwater Management Plan Submittal for the
referenced project for your approval. Enclosed items include the original Stormwater
Management Permit Application Form and one copy, two copies of the Wet Detention
Basin Supplement, and two copies each of the Stormwater Report and Plans. Also
attached is check # 5730 in the amount of $4000.00.
Ify6u should have any questions or comments, please do not hesitate to call.
Sincocly
. Thomas, P.E.
Encl
CADocuments and SettingsVohn G Thomas SAMy Doc umenlsljohngllProjects\Marina'rownes !airfield 2004-
0391Genera1lS W M 2.doc
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