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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 in error, delete the e-mail as well as any attachments, and destroy all hard copies. Information contained'in this message should not be construed as a recommendation, offer or solicitation to buy or sell any security or related financial product. This message is for informational purposes only and is not an official confirmation of any transaction. Nothing 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 CORPORATIONS Corporations Nome Search By Corporate Name Search For New & Dissolved Search By Registered Agent Important Notice Resale of Tickets Online Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Unincorporated Non -Profits Dissolution Reports Non -Profit Reports erify Certification nline Annual Reports LINKS & LEGISLATION KBBE B2B Annual Reports OSID Number Correction 2001 Bill Summaries 1999 Senate Bills orporations 1997 Professional Corporations NCSOS Authority to Dissolve Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US lCorporations. Division Date: 5/25/2010 Click here to: View Document Filings I Sign Up for E-Notifications I �� Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I 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 TOOLS Secretary of State Home Secretary of State Site Map Printable Page 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 Search By Corporate Name Search For New & Dissolved Search By Registered Agent Important Notice Resale of Tickets Online Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Unincorporated Non -Profits Dissolution Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B2B Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills nnual Reports 1997 Corporations 1997 Professional Corporations NCSOS Authority to Dissolve Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US lCorporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 3/5/2010 Click here to: View Document Filings I Sign Up for E-Notifications i Print apre-populated Annual Report Form I Annual Report Count I 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 i �� r f-. G - i rl_ d Er ru S 0F F ICAL U SE Postage $ I D O rq Certified Fee $ S ED Return Receipt Fee �t a 0 (Endorsement Required) ^ Oja�e L ii .0 Restricted Delivery Fee Q i {Q vj A 1 (EndorsomantRequfrad) f y/ N M Total P—t—. A FRRR. 4: 6 ` �jJ�__ rent FIGURE 8 PARTNERS, LLC N 19a� C3 RUDY SMITHWICK ----------- r_3 i` or PC8633 VINTAGE CLUB DR ............ CRY WILMINGTON NC 28411 PostalAl e , CERTIFIED + RECEIPT ..0 (Doff�esjj_, Mail only; ru fTl Postage $ (� + U y r� Certified Fee96 m CO(Endorsement Retum Receipt Fee Required) a 4~ H�QO d Restricted delivery Fee (Endorsement Required) ~i Q� C3 f"r-1 Total PcmtnnA A. PARR ant c NORTHWEST CREEK MARINA LLC o siiee%', 825 3R° AVE FL 37 r` orPOf NEW YORK NY 10022 ary""si North Carolina Secretary of State fil e:111C:1 Documents%20and%20Setti ngs/aadamslDes ktoplMari na%... Elaine F. Marshall Secretary CORPORATIONS Corporations Home Search By Corporate Name Search For New & Dissolved Search By Registered Agent Important Notice Resale of Tickets Online Corporations FAQ Homeowners' Association FAQ Tobacco Manufacturers Unincorporated Non -Profits Dissolution Reports Non -Profit Reports erify Certification Online Annual Reports LINKS & LEGISLATION KBBE B213 Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills Annual Reports 1997 Corporations 1997 Professional Corporations NCSOS Authority to Dissolve Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page Click here to: North Carolina DEPARTMENT OF THE SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 2/14/2010 View Document Filings I Sign Up for E-Notifications I 11 Print apre-populated Annual Report Form I Annual Report Coui 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 Search For New & Dissolved Search By Registered Agent Important Notice resale of Tickets Online porations FAQ iomeowners' Association FAQ Fobacco Manufacturers Jnincorporated Non -Profits Dissolution Reports Von -Profit Reports Jerify Certification Dnline Annual Reports LINKS & LEGISLATION KBBE 132B Annual Reports SOSID Number Correction 2001 Bill Summaries 1999 Senate Bills nnual Reports 1997 Corporations 1997 Professional Corporations NCSOS Authority to Dissolve Register for E-Procurement Dept. of Revenue ONLINE ORDERS Start An Order New Payment Procedures CONTACT US Corporations Division TOOLS Secretary of State Home Secretary of State Site Map Printable Page PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 2/14/2010 Click here to: View Document Filings I Sign Up for E-Notifications Print apre-populated Annual Report Form I Annual Report Coui Corporation Names Name Name Type 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 Division of Corporations - Online Services https://deIecorp.delaware.gov/tin/controlIer Delaware.gov I Text Only Governor I General Assembly I Courts I Elected Official Department of State: Division of Corporations HOME About Agency Secretary's Letter Newsroom Frequent Questions Related Links Contact Us Office Location SERVICES Pay Taxes File UCC's Delaware Laws Online Name Reservation Entity Search Status Validate Certificate Customer Service Survey INFORMATION Corporate Forms Corporate Fees UCC Forms and Fees Taxes Expedited Services Service of Process Registered Agents Get Corporate Status Submitting a Request How to Form a New Business Entity Certifications, Apostilles & Authentication of Documents JONH OICKIHS OH PLAH TATIOH PHOTO O Frequently Asked Questions View Search Results 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 and more for a fee of $20.00. Would you like O Status O Status,Tax & History Information j Submit Back to Entity Search 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 1 Marina Townes Section Two September 1, 2005 Sedimentation & Erosion Control Report 2004-039 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 Page 7 Marina Townes Section Two Sedimentation & Erosion Control Report September 1, 2005 2004-039 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 Page 8 ' Marina Townes Section Two September I, 2005 Sedimentation & Erosion Control Report 2004-039 ' 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 Page 9 Marina Townes Section Two Sedimentation & Erosion Control Report September 1, 2005 2004-039 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. Page 10 1 Marina Townes Section Two September I, 2005 Sedimentation & Erosion Control Report 2004-039 ' 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 Page 11 Marina Townes Section Two . Sedimentation & Erosion Control Report September 1, 2005 ' 2004-039 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 Page 12 1 Marina Townes Section Two September 1, 2005 Sedimentation & Erosion Control Report 2004-039 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 IPage 13 Marina Townes Section Two Sedimentation & Erosion Control Report September 1, 2005 2004-039 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 Page 14 ' Marina Townes Section Two September 1, 2005 Sedimentation & Erosion Control Report 2004-039 ' control features, the construction site shall be inspected for remaining disturbed areas. Stabilize ' any remaining disturbed areas. END OF THIS SECTION Page 15 Marina Townes Section Two Sedimentation & Erosion Control Report September 1, 2005 a 2004-039 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 Page 16 Marina Townes Section Two Sedimentation & Erosion Control Report ' 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 Page 17 Marina Townes Section Two September 1, 2005 ' Sedimentation & Erosion Control Report 2004-039 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 Page 18 ' Marina Townes Section Two Sedimentation & Erosion Control Report 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 September 1, 2005 2004-039 I1 Page 19 Marina Townes Section Two September 1, 2005 Sedimentation & Erosion Control Report 2004-039 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 Page 20 ' ' Marina Townes Section Two Sedimentation & Erosion Control Report September 1, 2005 2004-039 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 Page 21 Marina Townes Section Two Sedimentation & Erosion Control Report September 1, 2005 2004-039 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, Page 22 eMarina Townes Section Two Sedimentation & Erosion Control Report 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 Page 23 September 1, 2005 2004-039 Marina Townes Section Two Sedimentation & Erosion Control Report September 1, 2005 2004-039 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 s 6 n o � C:-4,3® m o6a `"...CA� 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 �� •�iii<i•�ii��iiiii��i ����+�� ��iii�siir���i•i OEM II111��I����:.N1I1 t•ti�t•����ii��is�'\'\ \\ �r�t� if■■■ifi�iii���\�\��\ � ��i ice■■■���!•��5��'���\►'! �\�i �r1= mm bz ■.NI%` NNE■ 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 �76° PP' P4 I III P�Eir W .9T hN f-W'1N Wr PT 44 � f5q k`-F MN 0— d� —Z k. Via 41. 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'! �. t G • `+ :y d ^r'••S•i•r ^G . jFJ`t x +i ,, * • t rT 3 F Y .N• 1 1 l� F FC ,r}f Y il• r5, ••., Y {•1R' i t• "'4e -fir � : :3 � � e :_ .,J , a< •lti r. w �•tfi /'� �4it 1V L,%`f'•� a -.x'rr:§(ftirE, �W.r Pam•_. $ �•.�' r 'Si t' ..p)„"yt{�,s1 '' rt. -4.•b• ., u $d *yam„J J r s," Y, y y F .>' -r ,i.rf • i'y,'*' y ly t'r'•. � � � { x 3 ( r' 1 r•,,r - t r e' r.•Y^\• ". � J'� �•'{,.1tr,•y�u1•i y- r. F +` •"L r'�r'��`Y�.a�'�'r'°X'i�'•rr �'er �, Y' g-1 .'" .'r �:�+J#-R: �s:�,E�-ir�•�:,:w�,,c»s$- j5� yw,f�rs?�a.i:"; �;:, fs Jy � �� �, 5 � r�•x �''( .i:f t - 1 • ,F r `' , r �' r :,T �ri>•'L,r',,.. �1!"h: �.'� ` C a °'[ �f1 a' �[^� r .�'Y,�tr„s ,� ' "i � ' } ��� : - :i'W' ' r .;�•V� . �sr'!1 7 �.: S v3'r -1 �!"., 4.rP'Fi -s `. j , e- • i ., t L �?W_ ,s� =5`{tX sr .,ay, 1 _• - Y•,.w a�. ,_l f. ir.- ��fr,•+'• 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 ,1