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HomeMy WebLinkAboutSW8971034_HISTORICAL FILE_20110505STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 5, 2011 Mr. Richard Cass Flowers C&D Partnership, LLC 209 N 35 Street Morehead City, NC 28557 Subject: APPLICATION RETURN for Two Applications: Morehead Professional Park Lot 3A (no permit number assigned) Morehead Professional Park Lot 8A (no permit number assigned) Request for Additional Information: SW8 971034, Morehead Prof. Park Carteret County Dear Mr. Flowers: On March 31, 2011, the Division received three incomplete State Stormwater Management Applications for the projects listed above. The application and check numbers 4600 (Lot 3A) and 4604 (Lot 8A), in the amount of $505 each are being returned because the application packages lacked the necessary elements to accept it for review. The Morehead Professional Park permit, SW8 971034, must be modified to accommodate these applications but did not submit the permit modification fee. I understand that there has been discussion among the parties involved as to who would pay that fee, but the fee has not been submitted to date. The applications for Lot 3A and Lot 8A cannot be processed until the modification package for SW8 971034 is received, and so those two packages are being returned. The SW8 971034 package is not being returned. It will be put on hold because it is a partial response to the Division's January 25, 2011 inspection which required you to submit a copy of the latest recorded deed restrictions and to coordinate the submittal of offsite permit applications of the appropriate property owners in the subdivision. We understand that the deed restrictions recorded starting on Book1347 Page258 of the County registry which were recorded on July 19, 2010 and were submitted to our office on March 24, 2011 reflect the lot configuration that the SW8 971034 modification package submitted on March 31, 2011 requests. However, the March 31, 2011 did not contain the fee, and did not fully address the deficiencies found during the inspection. Additionally, it appears that additional offsite permit applications are needed. For,instance, Lot 9 has already been built. As a point of clarification, the Name/Ownership Change Form for this project which was received in our office on March 22, 2010 has not been executed. This form would have transferred the permit responsibilities from C&D Partnership LLC to Madison Park Master Association. A project must be in compliance in order to transfer ownership, and that was not and is not the case for this project. C&D Partnership LLC is still the permittee and is still responsible for all permit actions. Please visit DWQ's website at http_://h2o.enr.state.nc.us/su/bmp forms.htm to download the latest available forms. Please provide the requested information and return the package to the address below. Note that the 90-day statutory permit review time begins upon receipt of a complete application. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 010-796-72151 FAX 910-350-20041 Customer Service: 1-877-623-6748 NorthCar-0ii na Inlemet: www.ncwatcfquality.org An Equal Opportunity I Affirmative Adon Employer SW8 971034 May 5, 2011 If you have any questions, please do not hesitate to call me at (910) 796-7331 or email me at kelly.p.johnson@ncdenr.gov. Sincerely,. Kelly Jo nson Environmental Engineer GDSlkpj: S:IWQSIStormWaterTermits & ProjectslApplication Retums12011 05 Morehead Prof Park Lot 3A S:IWQSIStormWaterlPermits & ProjectslAppl!cation Returns12011 05 Morehead Prof Park Lot 8A S:IWQSIStormWaterlPermits & Projects11997\971034 HD12011 05 addinfo 971034 CC'. Ronald Cullipher, PE, Stroud Engineering Wilmington Regional Office File, Application File for Lot 3A Wilmington Regional Office File, Application File for Lot 8A Wilmington Regional Office File, SW8 971034 (Morehead Prof. Park) Carmen Caro, Home Owners Association, via email only (ccaro@ec.rr.com) Debbie Fisher, Home Owners Association, via email only (OFS@ec.rr.com) I'age2of2 State of North Carolina 23 0 1 6 5002 Department of the Secretary of State Limited Liability Company L AMENDMENT OF ARTICLES OF ORGANIZATION SOSID: 0659434 Date Filed: 1I1712003 4:29:00 PM Elaine F. Marshall North Carolina Secretary of State Pursuant to §57C-2-22 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the following Articles of Amendment for the purpose of amending its Articles of Organization. The name of the limited liability company is: D & C Partnership, LLC. 2. The text of each amendment adopted is as follows (attach additional pages if necessary): Section 1 of the Articles of Organization is amended to read "the name of the limited liability company is C & D Partnership, LLC." 3. (Check either a or b, whichever is applicable) a. The amendment(s) was (were) duly adopted by the unanimous vote of the organizers of the limited liability company prior to the identification of initial members of the limited liability company. b._x_The amendment(s) was (were) duly adopted by the unanimous vote of the members of the limited liability company or was (were) adopted as otherwise provided in the limited liability company's Articles of Organization or a written operating agreement. 4. These articles will be effective upon filing. This the 13th day of January, 2003. D Partnership, LLC BY: Richard C. Flowers, Member/Manager Y_ MAR 3z 201, Project Name: It neEr*,p,p ` Reviewer• Date: I Proiect Received Date: 3I3%t Acce to Re'e t7(�yes/no), ircle one Project Location: _ Add info re gyred Date received: Symbols for completinq form: `✓'= Yes/OK: ' x'= No/Deficiegt: 'n/a' or 'V or `I Rule(s) Subject (check all that apply): 0,'K 1995 Coastal ❑ 2008 Coastal Paperwork: ❑ Phase II ❑ Uriversal ❑ Check for $505 (must be no older than 6 months) ❑ Application form with correct/original signatures (original plus 1 copy). If Corporation or LLC also: o Print the info from the NCSOS o Either, 1.) The applicant is listed on the NCSOS with his/her correct title or, 2.) A notarized letter of authorization has been provided: ❑ Supplements (1 original per BMP). BMP type(s): Ln5 l.7 0&M with correct/original signatures (1 original per BMP, except level readerslfilter strips an vales) / \ Deed restrictions (if outparcel or subdividing) (original plus 1 copy) o Deed restriction template (signed and notarized) or o Proposed Declaration of Covenants and Restrictions (signed.and notarized) ' 1Q Soils report identifying the SHWTj�� l ❑ Supporting calculations, signed & sealed (if necessary) ❑ Receiving stream classification: I I f �i ��)IkSA,or ORW also. o SA: USGS topo map witfi the'site, ttFe receiving waters and the'/z mile radius shown to scale. o ORW: 575 ft of MHWL for Area of Environmental Concern and max BUA per rule. ❑ Modifications: 1.) If built: Designers Cert., 2.) If partially built:. Partial Cert., 3.) If not built: No Cert. needed. Development Type (check all that apply): ❑ Residential or ❑ Commercial ❑ Drestrictions match? ❑ Subdivision or ❑ Single Lot ADDiedrestrictions match? ❑ High Density or❑ �ow� Density restrictions match? ❑ Offsite project ❑ Red lopmert; ti bic = ation q11 % 03LJ ❑ Exempt ❑ NCG02 (bulkhead) ❑ NC clear -grade NCG04 (linear) Density: J BUA �calc lu ation�include Gornmon{s�el��bholse c-idewaiks, etc rlJJ C] BUA %: /V �1'�M--a-.tc�hes h hlIm density r`eq�irement for rule and receiving s ream' class COD No obvioustmath errors ❑ If High Density "Design storm correct for rule and receiving -stream class., Plans, signed and sealed (2 sets): Two sets received ❑ Layout (with proposed BUA dimensions) ❑ Grading ❑ Drainage area map (all HD systems & curb outlet swaies) ❑ Vicin/ytmap ❑ Project Boundaries ❑.Legend ❑ Wetlands: � n Il 0 o Delineated on.plans V fJo wetlands onslte \on plane ❑ Details:��/ ����� � V�J 11 C�! r�Roads ��Cuf sacs o^�tCu�bingSidewalk ����I _13 sI Level spreaders/ Filter strips/Curb outlet swales Buildings'►(Apts ACondibs))Q Offsite Projects: V ❑ Designer's Certification has been submitted for the Offsite BMP receiving•the-runoff-from the project. ❑ Deed restrictions have been recorded and a copy submitted for the Offsite BMP permit. ❑ Lot size has-not.changed from what was approved under the MA�rin r Pl • Correct lot number is referenced on the supplement -form. ❑ Offsite system is1in compliance ith its permit, if known. Infiltration Projects: �T---� ��_ ❑ Soils report: vHWT,soil type, and expected infiltfaationlrate are p. ❑ DWQ has conducted a site visit? Date: Wet Ponds: Permanent Pool Meets One of the Following: ❑ Is located no lower than 6" below the estimated SHVVT. Incoming groundwater is quantified and evaluated, AND Storage volume -verified, AND Outlet evaluated for free drainage to the receiving waters under SHWT conditions. Decision (check one): Cl Complete: Return file to admin (Jo Casmer) to log in. (Stamped in received date = BUS date) ❑ Slightly incomplete: E-mail consultant, reguesi infori-nation tc be raturned within one brjsiness day (24 hours after request. Info requests on Friday, allow a return on the fcliowinil business day). If info not returned, an agnlir.,;ation tatijrn letter and give everything to admin. (.qdd inf.0 received ,data = BVS dat) CJ Substantially incomplete: Issue an application r&,",i n le',tar and dive everyyt,�inq to admin �003 2000 �3 3 gcupobp—v (gal dek1 %OP Johnson, Kelly From: Johnson, Kelly Sent: Friday, April 08, 2011 8:38 AM To: 'ccaro@ec.rr.com'; 'Dave Gambardella' Subject: FW: Water retention Ponds Dave & Carmen, Just let me know when you all decide what to do about the check. We will get it worked out. Have.a good weekend, Kelly From: Carmen Caro [mailto:ccaroCa)ec.rr,coml Sent: Thursday, April 07, 2011 3:53 PM To: Laurie Brant; aleshaloydC)earthlink.net; Aleshia Loyd; ofs@ec.rr.com Cc: Johnson, Kelly Subject: Water retention Ponds David Gambardella from Stroud Engineering left a message on my phone about 1 1/2 wks ago and, yesterday he called again and I went over to their offices on Rte 24. There is an application fee of $505.00 for the retention ponds on the original plans for Madisen Park Development due tomorrow. Cas Flowers has told the Stroud Engineering PA that he is not responsible for this as he transferred the ponds to the Madisen Park Master Association. Jack Gibson, the accountant for that group gave David our management company, OFS, as the party responsible and that is how he got my name, Jack made mention that our two separate Associations should split the bill. I have a problem with that since the 3 ponds I note on the map have water coming from many sources; the medical park offices, Carteret OBGYN, Carteret Clinic for Adolescents and Children; Cas Flowers property, the Accountants, etc and because we have had nothing to do with the Madisen Park Master Association in many years. I feel a meeting of the Board of Directors is in order and offer to have that meeting at my home one night next week, preferably Tuesday at 6pm. I would like to discuss this situation and come to a determination as to what we should decide in this case. I personally have called Kelly Johnson, 910-796-7331 and Angel Hammer, 910-796-7215 (who I have spoken with 2 years ago when the pond was draining) at the NC Storm Water group. I have not spoken to either Jack Gibson or Cas Flowers. I do think we should contact our attorney, Richard Stanley of Beaufort but will not do so without your approval. Please be so kind as to contact me at 252-515-2856 should you prefer another day for our meeting. Thank you Carmen R. Caro 4. Johnson, Kel From: Johnson, Kelly Sent: Monday, May 02, 2011 3:32 PM / To: 'Office Fusion Solutions; 'ccaro@ec.rr.com'; 'ifearnot@yahoo.com' Cc: 'Dave Gambardella'; Hammers, Angela Subject: Morehead Professional Park (SW8 971034) Attachments: Morehead Professional Park.pdf All, I have received many emails about this project, and I sense that there is some confusion. Here is what I know to date about what is being proposed: 1.) SW8 971034: This project, Morehead Professional Park, is a "master permit" which means that the permittee is responsible for the various ponds to which lots owned by other people will drain. I believe that this permit will reduce from the 16 lots currently permitted to 12 lots. That constitutes a permit modification because it will be a change to the permit text, deed restrictions, etc. I also understand that as of January 2011 deed restrictions had not been recorded for this project because there is a non -compliant site inspection on file from that timeframe. Proposed/notarized restrictions have been submitted to my office. The fee for this permit modification is $505, but it has not yet been submitted. The permittee is currently C&D Partnership LLC, and Mr. Richard Cass Flowers is the member/manager of the LLC according to the permit text. Mr. Flowers submitted ownership change papers in March 2010 (attached), but these were not processed because the site was not in compliance with the permit, and we do not transfer permits to other parties (to the Association in this case) until the site is in compliance. C&D Partnership LLC is still the permittee, and is still fully responsible for compliance with this permit. 2.) New Project (Lot 3A). This is a new project that will drain to SW8 971034. The fee for this new permit is $505 and it has been submitted by Flowers Construction LLC. 3.) New Project (Lot 8A): This is a new project that will drain to SW8 971034. The fee for this new permit is $505. The fee for this new permit is $505 and it has been submitted by Flowers Construction LLC. in order for the master permit to be compliant, it has to comply with all of the elements of.the permit such as recording deed restrictions and it appears that they are intending to do so through the permit modification. In order for the two new projects to be permitted, the impervious area data on their respective lots has to be consistent with the impervious area allocated to each lot by the master permit by its deed restrictions. Because I know that there has been discussion among the parties involved as to who would pay the fees, I have been trying to provide time for that to get worked out. But, please note that the two checks received are dated 3/22/11. Since I am not supposed to hold uncashed checks for more than a few days, this is well beyond the timeframe that I should have returned the two new project applications. So, I will return the two new project applications on Thursday morning if the master permit check is not received. Thanks, Kelly *** My email has changed to kely.g.iohnsonAncdenr.gov K LWDPIwSoVu Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 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. , c, Narrative Stormwater Management Plan Morehead Professional Park Master Stormwater SW8-971034 MOD Morehead City Professional Park, NC 28557 March 29, 2011 Owner: Richard C. Flowers PO BOX 1134 Morehead City, NC 28557 Engineer: Stroud Engineering, P.A. 151-A 1-1wy 24 Morehead City, NC 28557 (252) 247-7479 1. General Information a. Name: Morehead Professional Park b. Address: Penny Lane & John Platt Drive, Morehead City, NC 28557 c. Acreage in Tract: 21.70 acres d. Disturbed Acreage: No Disturbance e. Wetlands Acreage: 2.18 acres f. Ownership Information Richard C. Flowers g. Development Proposal The owner has revised several lot lines as shown on the attached site plan, and reallocated the associated BUA per lot as detailed below. The total BUA allotted in SW8-971034 permit has not changed. LOT LOT AREA BUA ALLOCATED 1 42,162.95 sf 34,361.00 sf 2A 58,346.79 sf 49,174.00 sf 3A 38,440.95 sf 31,372.00 sf 5 49,207.67 sf 41,287.00 sf 6 20,039.67 sf 18,035.00 sf 7 32,642.83 sf 27,378.00 sf 8A 365470.00 sf 33,000.00 sf 9 25,335.83 sf 22,764.00 sf 10A 26,283.00 sf 23,000.00 sf 11A 47,160.00 sf 30,991.00 sf 12 15,784.73 sf 14,083.00 sf 13-1 67,864.3 sf 61,088.00 sf 16 21,401.57 sf 19,261.00 sf TOTAL 405,794 sf Y: MAR 3 x 2011 Filc; f/Public/Master!Drawings/1271/pm1271doelpml27lnar.doc h. Pre 1988 BUA There no pre 1988 BUA i. Phasing of Project: There no stormwater phasing associated with the project j. Proposed wastewater and water supply. Project is proposed to be served by town sewer and water k. Historic Sites There are no known historic sites associated with any of the parcels. 1. Non -Compliance Notice of inspection Dated October 15'�' 2009. H. Stormwater Information a. Project is located in the White Oak River Basin on John Platt adjacent to the Calico Creek River. The water classification is S C. The stream index number is WHO 0321-32. b. The stormwater design is High density based upon the fact that impervious surfaces will constitute 58 % of the project area. c. The proposed total impervious area is 58% d. Stormwater runoff is proposed to be treated by wet -detention ponds with 90% TSS design -criteria e. All proposed BUA shall be collected. f. Project is not within the 30' coastal buffer requirement.. g. Project is not within the 75' Area of Environmental concern. h. There is no off site runoff coming onto the site or into the proposed BMP i. No soil evaluation has been conducted on site Ill. Design Assumptions 1. Design storm is ten years. 2. The rational method was used for the design. IV. Coastal Stormwater Regulations The North Carolina Division of Environmental Management implemented coastal stormwater regulations in coastal counties on January 1, 1988. These regulations are detailed in IS NCAC 21-1.1000 Stormwater Management. These rules allow for a development to be considered under various options. ���ti+In�nhH 3!eJ3►+� LESS .o >Gs onald D. ullfpher, E. Da't •P 2 � • Corp. Firrn # C-0647 _ SEAL r = � w 73343 w w w File: f/Public/Masler/Draw•ings/1271/pml271doclpm1271nar.doet'CitiyN�`�� Y: COUNTY NORTH OgROL1NA CpRTERET cols instTtgneat Page sduly ©hown the data snd ttme and In the 13eo on the Qnit page hereof Ra ct r � tl,r FILE IIMTd FOR AECESTApTIOH AEG16TER OF OEE05 Cyr l�r I Only. NC Juty 18, ?�18 03:43:56 PM C#kITER OT 8 P FEE: $35.00 FILE 11347258 STATE OF NORTH CAROLINA AMENDMENT TO RESTRICTIVE COVENANTS COUNTY OF CARTERET r This instrument is dated for purposes of reference on 18th day of May 2010, by Morehead Professional Park Owner Ia Association, Inc. (the "Association"), and the undersigned owners of Lots within Morehead Professional Park according to the plat thereof dated October 9, 2003 recorded in Map Book 30, Page 359, Office of the Register of Deeds of Carteret County. STATEMENT OF EXPLANATION C 6 D Partnership, LLC heretofore executed a Declaration of Restrictive Covenants for Morehead Professional Park dated December 2, 2003, recorded in Book 1030, Page 140, Carteret County Registry submitting the property designated as "Morehead Professional Park" for the purpose of developing an office and professional district said covenant being ratified and reinstated by document recorded in Deed Book 1105, Page 229, Carteret County Registry both being referred to herein as the "Declaration." Article Twelve of the Declaration sets forth the provisions related to compliance with state storm water management permit number SWO 971034 Mod. (herein "Permit") issued by the North 4 201, Carolina Department of Environment and Natural Resources, Division of Water Quality ("DENR") including impervious surface calculations, The properties within Morehead Professional Park have been developed in such a way that modifications to the Permit have been required as some of the original lots have been combined and reconfigured into new lots. These modifications change the impervious surface allowance for certain lots within the subdivision. The newly configured lots are as follows% i A . Lots 2, 3, and 4 as shown in Map Book 30, Page 3S8, Carteret County Registry have been reconfigured into Lots 2A, and Lot 3A as shown in Map Book 31, Page 445, Carteret County Registry. There is no longer a Lot 4. b. Lots 8, 10, and 11 as shown in Map Book 30, Page 358, Carteret County Registry have been reconfigured into Lots 8A, l0A and Lot 11A as shown in Map Book 31, Page 78, Carteret County Registry. c. Lots 13, 14, and 15 as shown in Map Book 30, Page 358, Carteret County Registry have been combined into Lot 13-1 as shorn in Map Book 30, Page 712, Carteret County Registry. Lots 14 and 15 no longer exist. The purpose of this Amendment is to set forth the modified impervious surface provisions in order to ensure compliance with the Permit. This Amendment has been executed by no less than seventy-five percent (75%) of the members of the Association as required by Article 14, Section 14.4 of the Declaration. 0 STATEMENT OF AMENDMENT The Declarant and the Association hereby modify the Declaration as follows: 1. The chart set forth in Section 12.1(a) which established the maximum impervious area for each Lot in the subdivision is rewritten as follows: (a) The following is a chart which establishea the maximum impervious area for each Lot. No more than the square. feet set forth for each - Lot on such chart shall be covered by structures or impervious materials. This allotted amount includes any built -upon area constructed within. the lot property boundaries, including easements, and that portion of the right of way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick; stone, slate, coquina and parking area, but does not include raised, open wooding decking, or the water surface of swimming pools. Lot No. Lot Size Maximum Square Feet Square Feet of Impervious Area 1 42,162.95 ft 34,361.00 ft 2A 58,346.79 ft 49,174.00 ft ' 3A 38,440.95 ft 31,372.00 ft 5 49,207.67 ft 41,297.00 £t 6 20,039.67 ft 18,035.00 ft 7 32,642.83 ft 27,378.00 ft 8A 36,470.00 ft 33,000.00 ft 9 25,335.83 ft 22,764.00 ft 10A 26,283.00 ft 23,000.00 ft 11A 47,160.00 ft 30,991.00 ft 12 15,7e4,73 ft 14,083.00 ft 13-1 67,864.3 ft 61,088.00 ft ....PAS` -a 16 21,401.57 ft 19,261.00 ft 2. Binding Effect. Except as amended, all other terms and provisions of the Covenants, as previously amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this instrument. MOREHEAD PROFESSIONAL PARK OWNERS' IATION, INC. By; chard C. Flowers, President STATE OF &a,*ta ea rat n�- COUNTY OF Ca, -Vert.}" I, the undersigned, a Notary Public of the County and State aforesaid, certify that ,`cA3 ,,�•rx , President of Morehead Pro esaional Park Owners' Association, Inc. a North Carolina corporation, personally appeared before me this daand acknowledged that he is President of mgabwNrb{�tsf". a A q,grc,, Ass &-. q,V Sd that he, as President, being authorized to do so, executed the foregoingan SG alf of the corporation. Witness my hand and official stamp or seal, this $ day of 2010. My commis ''•i b CARe`',%1, Lot Number (s) : 3A, 7, 8A, b RihrdC. Flowers, Lot Owner STATE OF NORTH CAROLINA COUNTY OF CARTERET I, the undersigned, a Notary Public of said County and State, do hereby certify that Richard C. Flowers, personally appeared before me this day and acknowledged the execution of the foregoing instrument. tness my hand and official stamp or seal, this $�' day of , 2410. TARY PUBLIC �'rrirrrr. n Expires: cn o„ �'r 'rir. 4� ju.i; I L • C-Sk-i Printed Name of Notary Pubsc Lot Number(s) I, 2A Floc xr5 Developpjjment Corporation By : (r Richard C. Flowers, President STATE OF COUNTY OF I, the undersigned, a Notary Public of the County and State aforesaid, certify that Richard C. Flowers of Flowers Development Corporation, a North Carolina corporation, personally appeared before me this day and acknowledged that he is President of Flowers Development Corporation that he, as President being authorized to do so, executed the foregoing on behalf of the corporation. fitness my hand and official stamp or seal, this $1�' day of 2010. Notary Public U�/p , Printed Name of Notary Public y , r o , 4 ` on expires: r Lot Number(s)5, IOA, 11A, 16 CASY LLC BY: Title: STATE OF NORTH CAROLINA COUNTY OF CARTERET z, T�li�- �.5(Gr,1 , a Notary Public of the County and State aforesaid, certify that Richard Flowers, whose identity has been proven by satisfactory evidence who is the Manager of Casyl, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged that he is Manager of Casyl, LLC and that as Manager being duly authorized to do so, voluntarily executed the foregoing instrument on -behalf of said company for the purposes stated therein. STNESS my hand and notarial seal this day of 2010. Notary Public: - G-- - Print Name. ,mot s WA�Expires: _�fi�Scl�w ; n ~ *3 130M3� PAGE ;'a im", Lot Numbers:) 13-1 Heart Can r Properties of Morehead City, LLC By: Title: STATE OF NORTH CAROLINA ' COUNTY OF eART rnr &L a Notary Public of the County and State aforesaid, certify that whose identity has been proven by satisfactory evidence who is the Member/Manager of Heart Center Properties of Morehead City, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged that he is Member/Manager of Heart Center Properties of Morehead City, LLC, and that as Manager being duly authorized to do so, voluntarily executed the foregoing instrument on behalf of said company for the purposes stated therein. WITNESS my hand and notarial seal this day of Notary Public: �� ,,; C.��A-1 Print Name:#v, t it /i/t i�1P2 My Commission Expires: 1- 7 ZO ts- CARTERET COUNTY 11202 02/11/2003 $2,290.00 A Q Real Estate Excise Tax Excise Tax $2290.00 Melanie Arthur 4P CARTERET COUNTY Vt�A%d(WUPERFit aW.42:00 cenificste(s) of Nota 14(ef ij/aoe cenilted to tie correct. This Insirturient and this 0erti11- Cate are duly registered at the date and tirrle and in the Book and Paps shown on the lint page here0l. Met i Ar r, Hap r vi Qtaeds By�� Time, Book and Tax Lot No. Parcel Identifier No. Verified by County on the _ day of _ , 2tl_ by Mail after recording to Kirkman, Whitford & Brady, P. A. This instrument was prepared by Kirkman, Whitford & Brady, P. A. Brief Description for the index Acreage at Madisen Park and Phases III and V, Madisen Townes Condominiums (U 25 — 30) NORTH CAROLINA GENERAL WARRANTY DEED GRANTOR CAGAAN, INC., a North Carolina corporation GRANTEE C & D PARTNERSHIP, LLC, a North Carolina limited liability company 209 N.35th Street Morehead City, NC 28557 Euter in appropriate block For each patty; name, address, and, if appropriate, chmelcr orcntity, c.g., corporation or patnmhip. The designation Grantor and Grantee as used herein shall include said parties,.their heirs, successors, and assigns, and shall include singular, plural, masculine„fcminine'pr neuter as required by context. J WITNESSETH, that the Gr' ntori for a valuable consideration paid by the Grantee, the receipt o£which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain tot or parcel of laud situa(ed in the City of Morehead City, Morehead Township, Carteret County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT A. FR971 D MAR 3 12011 BY: N. C. Bar Aswc. Form No. 3 ® 1977 Prinled by Agrcemcni with the N.C. Bar Assoc. k003 The property hereinabove described was acquired by Grantor by instrument recorded in Book , Page A map showing the above described property is recorded in Map Book , Page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant an¢ defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Any and all restrictions, covenants and easements of record. Cn INWTjNS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in aits 'W tiadte by its duty authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and yr Ea�avrfivritten. ' Cagaan,Inc. V,A �"(C eName) BJ President � —J (Corporate Sea[) (SEAL) (SEAL) (SEAL) (SEAL) NORTH CAROLINA, Carteret County. SEAL -STAMP 1, the undersigned, a Notary Public of the County and State aforesaid, certify that W Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or sea], this —I_l— My commission expires: l�l� Notary Public NORTH CAROLINA, Carteret County. I�nti unllai ecj a Notary Public of the County and State aforesaid, certify that S_ IP I 'r 11 �6�IPG11 q Il�nl,l personally came before me this day and acknowledged that he/she is Secretary of Capaan. Inc._ a North Carolina corporation, and that by authority duly given and as f r 1� = s the act of the corporation, the foregoing instrument was signed in its name by its President, r 'sealed with its corporate seal and attested by hi er a5 its Secretary. Witness my hand and '1, n ^T official stamp or seal, this February 10, 2003. ° My commission expires: !/S/0f "U` f r Notary Public The foregoing Certificate(s) of_ is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. By N, C. Bar Assoc. Form No. 3 ® 1977 Printed by Agreement with the N.C. oar Assoc. 4003 REGISTER OF DEEDS FOR COUNTY Deputy/Assistant-Register of Deeds. �UQd(..--S�tL PAGE � 12Z EXHIBIT A TRACT I: BEGINNING at'a point, said point being John E. Platt, Jr.'s southwest corner as described in the deed into Grantor from Walter Baxter Powell recorded in Deed Book 792, Page 896 Carteret County Registry, said point also being know as the southwest corner of n/f Steve and Sallie Smith as shown on that 'Rezoning Plat for Madisen Parke,, by Powell Surveying dated July 20, 2001, revised October 2, 2002, December 27, 2002, January 13, 2003 and January 22, 2003_ From said point of beginning run thence N 85 59 30 W 114,79 ft. to a point, run thence N 05 03 45 E 86.90 ft. to a point; run thence N 82 27 29 W 52.04 ft. to a point; run thence N 05 03 01 E 41.63 ft. to a point; run thence N 19 56 20 E 30.94 ft, to a point; run thence N 01 15 22 W 128.04 ft to a point; run thence S 84 52 27 W 43.75 ft. to a point; run thence N 73 56 51 W 134.85 ft. to a point; run thence S 19 00 41 W 15.11 ft. to a point; N 72 47 12 W 60.29 ft. to a point; run thence N 81 06 32 W 50.20 ft. to a point in the northeast corner of Madisen Townes Condominiums as shown in Map Book 105, Page 30, Carteret County Registry; run thence the following courses and distances along the property line of Madisen Townes Condominiums as shown in the above -referenced map: 1) N 72 18 56 W 33.59 ft. to a point; 2) N 68 58 21 W 30.00 ft. to a point; 3) N 70 55 37 W'21.28 ft. to a point; 4) N 72 52 52 W 44.89 ft, to a point; 5)' N 76 15 25 W 48.52 feet to a point; 6) N 79 37 57 W 54.76 feet to a point; and 7) S 22 35 25 W 170.13 ft., to a point; run thence N 09 35 30 E 1066.35 ft. to a point; run thence N 69 27 27 E 20.25 ft. to a point; run thence S 05 06 35 W 5.0 ft. to a point; run thence 9 89 27 27 E 149.30 ft to a point; run thence N 89 27 27 E 132,33 ft to a point; run thence N 03 38 45 E 5.01 ft. to a point; run thence N 89 27 55 E 102.16 ft. to a point; run thence N 89 27 35 E 50.13 ft., to a point; run thence N 89 27 34 E 311.23 feet to a point; run thence S 09 36 30 W 679.39 feet to a point in the northern right of way line of John Platt Drive; run thence S 09 36 30 W 60.0 ft. to a point in the southern right of way line of John Platt Drive; run thence S 09 36 30 W 587.97 feet to the POINT AND PLACE OF BEGINNING, and being 18.11 acres more or less as is shown on the above referenced Powell Survey. Excepted from the above -referenced property are the right of ways of Penny Lane and John Platt Drive to the extent said roads are platted and dedicated. TRACT II: Being all'of•Phases III & V, Madisen Townes Condominiums as show�i on that survey of Madisen Townes Condominiums recorded in Map Book 10S, Page 30,,Carteret County Registry, which said phases consist of all of units 25, 26, 27, 28, 29 & 30 and being more particularly described by metes and bounds as follows: Phase III: Beginning at a point located S 85 59 32 F 65.11 ft. from the southeast corner of Lot 1, 000L- : PA0.F a`' - Professional Park North as shown on that plat recorded in Map Book 24, Page 59, also being the southwest corner of Phase V, Madisen Townes Condominiums as shown in Map Book 10S, Page 30, Carteret County Registry. From said point and place of beginning run thence N 36 16 34 E 130.93 £t. to a point located in the right of way line of Kenzie Court; run thence with the right of way line of Kenzie Court with a curve having a chord direction equal to S 64 47 40 E, a radius equal to 75.00, a length equal to 53.71, a chord equal to 52.57; thence leaving the right Of way of Kenzie Court run S 14 02 14 E 70.16 feet to a point; run thence s 04 00 30 W 24.99 feet to a point; run thence N 85 59 32 W 140.64 feet to the POINT AND PLACE OF BEGINNING. Phase V: Beginning at a concrete monument located at the Southeast corner of Lot 1, Professional Park North as shown on that plat recorded in Map Book 24, Page 59, also being the southwest corner of Phase V, Madisen Townes Condominiums as shown in Map Book 10S, Page 30, Carteret County Registry. From the point and place of beginning run thence N 09 34 46 E 169.89 ft. to a point; run thence S 84 10"58 E 93.47 feet to a point in the right of way line of Kenzie Court; run thence with the right of way line of Kenzie Court with a curve having a chord direction equal to S 20 20 50 E, a radius equal to 75.00, a length equal to 62.65, a chord equal to 6o.s5; thence leaving Kenzie Court S 36 16 34 W 130.93 ft. to a point; run thence 85 P 32 w 65.11 ft. to the POINT AND PLACE OF BEGINNING, JXKX-2'-!E PAGE- I __ Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, May 03, 2011 11:43 AM To: 'Office Fusion Solutions' Subject: RE: Morehead Professional Park (SW8 971034) Debbie, If Mr. Flowers is asking you to pay the fee and you think he is responsible because he wants the two new projects and he is also the master permittee of the permit that needs those two projects done, then I think you need to ask him why he wants you to pay the fee. I have summarized all that I know about this below. I am sorry that I cannot be of more assistance. Kelly From: Office Fusion Solutions jmailto:OFSCabec.rr.com1 Sent: Tuesday, May 03, 2011 11:31 AM To: Johnson, Kelly Subject: RE: Morehead Professional Park (SW8 971034) So what is Madison Parks responsibility at this point. We are not asking for these permits, Cass Flowers is. Please advise. Deb Debbie Fisher Office Fusion Solutions 252-247-9548 ofs (cDec. rr. com From: Johnson, Kelly[mailto:kelly.p.johnsonancdenr.gov] Sent: Monday, May 02, 2011 3:32 PM To: Office Fusion Solutions; ccaro@ec.rr.com; ifearnot(@- yahoo.com Cc: Dave Gambardella; Hammers, Angela Subject: Morehead Professional Park (SW8 971034) All, I have received many emails about this project, and I sense that there is some confusion. Here is what I know to date about what is being proposed: 1.) 5W8 971034: This project, Morehead Professional Park, is a "master permit" which means that the permittee is responsible for the various ponds to which lots owned by other people will drain. I believe that this permit will reduce from the 16 lots currently permitted to 12 lots. That constitutes a permit modification because it will be a change to the permit text, deed restrictions, etc. I also understand that as of January 2011 deed restrictions had not been recorded for this project because there is a non -compliant site inspection on file from that timeframe. Proposed/notarized restrictions have been submitted to my office. The fee for this permit modification is $505, but it has not yet been submitted. The permittee is currently C&D Partnership LLC, and Mr. Richard Cass Flowers is the member/manager of the LLC according to the permit text. Mr. Flowers submitted ownership change papers in March 2010 (attached), but these were not processed because the site was not in compliance with the permit, and we do not transfer permits to other parties (to the Association in this case) until the site is in compliance. C&D Partnership LLC is still the permittee, and is still fully responsible for compliance with this permit. 2.) New Project (Lot 3A): This is a new project that will drain to SW8 971034. The fee for this new permit is $505 and it has been submitted by Flowers Construction LLC. 3.) New Project (Lot 8A): This is a new project that will drain to SW8 971034. The fee for this new permit is $505. The fee for this new permit is $505 and it has been submitted by Flowers Construction LLC. In order for the master permit to be compliant, it has to comply with all of the elements of the permit such as recording deed restrictions and it appears that they are intending to do so through the permit modification. In order for the two new projects to be permitted, the impervious area data on their respective lots has to be consistent with the impervious area allocated to each lot by the master permit by its deed restrictions. Because I know that there has been discussion among the parties involved as to who would pay the fees, I have been trying to provide time for that to get worked out. But, please note that the two checks received are dated 3/22/11. Since I am not supposed to hold uncashed checks for more than a few days, this is well beyond the timeframe that I should have returned the two new project applications. So, I will return the two new project applications on Thursday morning if the master permit check is not received. Thanks, Kelly *** My email has changed to keIIV.P.lohnson@ncdenr.eov f. AtwDhvusoIn. Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 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. No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1325 / Virus Database 1500/3610 - Release Date: 05/02/1 1 I am using; the Free version of SPAM,fighter. SPAMfighter has removed 79 of my spam emails to date. Do you have a slow PC? `fry Free scan! Johnson, Kelly From: Office Fusion Solutions [OFS@ec.rr.coml Sent: Monday, May 02, 2011 2:41 PM To: Johnson, Kelly Subject: RE: Madison Court Pond Permit Yes the permit number is SW 8971034 and does not expire until 9/13/13. So we do not need a new permit until then. The one Cass Flowers asked for does not need to be filed until 2013. Deb Debbie Fisher Office Fusion Solutions 252-247-9548 ofs@ec.rr.com From: Johnson, Kelly rmai Ito: kell .Johnson @ ncdenr. ov Sent: Monday, May 02, 2011 8:34 AM To: Office Fusion Solutions Subject: RE: Madison Court Pond Permit Debbie, I am not sure which permit you are referring to. Did you receive a letter from my office? If so, it should have a number starting with "SW8". I have a Madison Park and a Madison Place but not a Madison Court. Thanks, Kelly From: Office Fusion Solutions jmailto:OFS@ec.rr.coml Sent: Thursday, April 28, 2011 4:53 PM To: Johnson, Kelly Subject: Madison Court Pond Permit Hi, I'm Debbie Fisher. I handle the homeowners association. I just found out that this is for a permit which they already have and does not expire until 913/13. Why do we need this permit? Please advise. Debbie Debbie Fisher Office Fusion Solutions 252-247-9548 ofs[a7_ec.rr.com I am using the Free version of SPAMfighter. SPAMlighter has removed 78 of my spam emails to date. Do you have a slow PC? ,rry free scan! No virus found in this message. Checked by AVG - www.avp,.com Version: 10.0.13251 Virus Database: 1500/3610 - Release Date: 05/02/11 I am using the Free version of�SPAMfighter. SPAMfighter has removed 78 of my spam emails to date. Do you have a slow PC? "fry tree scan! r Johnson, Kelly From: Johnson, Kelly Sent: Monday, April 25, 2011 8:51 AM To: Johnson, Kelly; 'ccaro@ec.rr.com'; 'Dave Gambardella' Subject: RE: Water retention Ponds Carmen, I have not heard any further information on this project. Can you please update me on the status of the check? I would like to go move this forward in the near future. Thanks, Kelly From: Johnson, Kelly Sent: Friday, April 08, 2011 8:38 AM To: 'ccaro@ec.rr.com'; 'Dave Gambardella' Subject: FW: Water retention Ponds Dave & Carmen, Just let me know when you all decide what to do about the check. We will get it worked out. Have a good weekend, Kelly From: Carmen Caro fmailto:ccaro(a)ec.rr.com] Sent: Thursday, April 07, 2011 3:53 PM To: Laurie Brant; aleshaloyd@earthlink.net; Aleshia Loyd; ofs(@. ec.rr.com Cc: Johnson, Kelly Subject: Water retention Ponds David Gambardella from Stroud Engineering left a message on my phone about 1 1/2 wks ago and yesterday he called again and I went over to their offices on Rte 24. There is an application fee of $505.00 for the retention ponds on the original plans for Madisen Park Development due tomorrow. Cas Flowers has told the Stroud Engineering PA that he is not responsible for this as he transferred the ponds to the Madisen Park Master Association. Jack Gibson, the accountant for that group gave David our management company, OFS, as the party responsible and that is how he got my name, Jack made mention that our two separate Associations should split the bill. I have a problem with that since the 3 ponds I note on the map have water coming from many sources; the medical park offices, Carteret OBGYN, Carteret Clinic for Adolescents and Children; Cas Flowers property, the Accountants, etc and because we have had nothing to do with the Madisen Park Master Association in many years. I feel a meeting of the Board of Directors is in order and offer to have that meeting at my home one night next week, preferably Tuesday at 6pm. I would like to discuss this situation and come to a determination as to what we should decide in this case. I personally have called Kelly Johnson, 910-796-7331 and Angel Hammer, 910-796-7215 (who I have spoken with 2 years ago when the pond was draining) at the NC Storm Water group. I have not spoken to either Jack Gibson or Cas Flowers. I do think we should contact our attorney, Richard Stanley of Beaufort but will not do so without your approval. . Please be so kind as to contact me at 252-515-2856 should you prefer another day for our meeting. Thank you Carmen R. Caro Hammers, Angela From: Dave Gambardella[dgambardella@stroudengineer.com] Sent: Thursday, March 10, 2011 12:08 PM To: Hammers, Angela Cc: 'Ronald Cullipher'; 'Melissa Berryman' Subject: RE: SWB-971034 MOREHEAD PROFESSIONAL PARK Attachments: MOREHEAD PROF PARK ORIG COVENANTS.pdf; MOREHEAD PROF PARK AMENDED LOT COVERAGES.pdf Angela, Thank you for the clarification on the project. 1. Attached are the original covenants for the Morehead Professional Park which I believe contain the language required by DWQ including your request for "each lot not retained by the Permittee must submit a separate offsite stormwater management permit" on page 19 subpart (f) of the document. I believe the amended to the original covenants attached only revise the impervious coverage amounts allocated to each lot and leave in place the other DWQ restrictions in the original document on pages 18 and 19. 1 will confirm that with the attorney. In the course of putting together paperwork we also realized that the stormwater pond parcels (deeded to C& D Development which had been dissolved) have not been conveyed to the Mad isen Parke Master Association. We are in the process of completing this now. We have the offsite permits ready to be submitted but were unsure if we should wait until the Ownership & Name Change on the master Stormwater permit was completed. Can you offer some guidance on this? 3. On the Name/Ownership change form would DWQ prefer to have Mr. Flowers sign as an officer of the Madisen Parke Master Assoc. or should we have a different member sign? Hopefully once all the questions are resolved and the stormwater ponds are conveyed in the HOA/POA we will be able to move forward relative quickly on all the outstanding issues. Thank You Dave Gambardella Stroud Engineering PA 151A Hwy 24 Morehead City NC 28557 (252) 247-7479 (252)247-4098 fax (252)725-4759 cell dgambardellaCa@stroudengineer.com Morehead Professional Park, SW8 971034 Lot # Property Address Owner (per Carteret County Website) _ „ Lot 1 Flowers Development Corp., Inc. Lot 2 & 4 = (2A) Flowers Development Corp., Inc. Lot 3 Richard C. Flowers Etux Sylvia 212 Bayview Blvd., Atlantic Beach, NC 28512 Lot 5 411 Penny Ln. Casyl, LLC 212 Bayview BLvd., Atlantic Beach, NC 28512 Lot 6 3701 John Platt Dr. Robert J. Brockman (SW8 110203: 03/10/11 in review) 134 Arborvitai Dr., Pine Knoll Shores, NC 28512 Deed Transfer date 12/03/2003 Lot 7 3711 John Platt Dr. Richard C. Flowers Etux Sylvia 212 Bayview Blvd., Atlantic Beach, NC 28512 Lot 8 3710 John Platt Dr. Richard C. Flowers Etux Sylvia 212 Bayview Blvd., Atlantic Beach, NC 28512 Lot 9 501 Penny Lane Jaw Guys LLC Jeffrey Vinton, 152 Memorial Ct., JAX, NC 28546 Deed Transfer date 12/16/2003 Lot 10 511 Penny Lane Casyl LLC 212 Bayview BLvd., Atlantic Beach, NC 28512 Lot 10 511 Penny Lane Casyl LLC 212 Bayview BLvd., Atlantic Beach, NC 28512 Lot 11 521 Penny Lane Casyl LLC 212 Bayview BLvd., Atlantic Beach, NC 28512 Lot 12 - 520 Penny Lane Crystal Coast Dermatology Service — Earl Gross 3610 Medical Park Ct., Morehead City, NC 27312 Deed Transfer date 10/06/2006 Lot 13/14/15 500 Penny Lane Heart Center Properties MHC LLC Jane Davis, 1001 Newman Rd., New Bern, NC 28562 Or WASLAW, LLC, John Williams III, POB 867, New Bern, NC 28563 Deet Transfer date 04/08/2005 Lot 16 3600 John Platt Dr. Casyl LLC 212 Bayview BLvd., Atlantic Beach, NC 28512 Hammers, Angela From: Hammers, Angela Sent: Thursday, March 10, 2011 8:46 AM To: 'Dave Gambardella' Subject: RE: SW8-971034 MOREHEAD PROFESSIONAL PARK Attachments: 971034 Lot List-Owners.docx Mr. Gambardella, Thank you for notifying me of the change in regards to Morehead Professional Park. It must be a little overwhelming to pick up coworkers projects. The efforts to bring the Morehead Professional Park project into compliance has been ongoing for awhile —the actual 'on the ground' and certification part has been completed. However the other steps to be completed are: 1. According to my research and the contents of the file, the deed restrictions for Morehead Professional Park were not recorded correctly in that the statement about 'each lot not retained by the Permittee must submit a separate offsite stormwater management permit' was not included. So, the deed restrictions for the project need to be amended to include this statement. 2. The offsite parcels not owned by the Permittee must submit an offsite permit. I have attached the list I made from the Carteret County website that may help with this. Also, DWQ has received one offsite permit, LOT 6 and is currently in review. 3. A request for transfer was received back on March 22, 2010 — it wasn't accepted due to the items of non- compliance. When the form is re -submitted, please use this weblink for the most current form http://Mortal.ncdenr.orglweb/wq/ws/su/statesw/forms dots#tab-3 Also, be sure to document that the signer for the proposed permittee (previously: Madisen Park Master Association) is an authorized officer of the association. If Mr. Flowers is the signer, documentation like meeting minutes or the like need to be submitted too. I am encouraged to see efforts by Mr. Flowers in bringing this permit into compliance. As you are newly assigned to this project, and in an effort to keep on track without further Notice of Violation, please submit a Plan of Action to include the above items with a timeline of completion within the next two weeks. I am sure that with Mr. Flowers desire to transfer the permit, the above issues can be solved and the permit can be deemed compliant in a timely manner. Please let me know if you have any other questions. (Please note that I will be out of the office from noon today through Tuesday, March 15, 2011). Sincerely, Angel Hammers 910-796-7317 From: Dave Gambardella[mailto:dgambardella@stroudengineer.com] Sent: Tuesday, March 08, 2011 10:04 AM To: Hammers, Angela Subject: SW8-971034 MOREHEAD PROFESSIONAL PARK Angela, I'm trying to make sense of all these files on my desk for this project. Can you update me on exactly what needed to be done on this to get this in compliance? I know Cass Flowers wants to transfer it to the Owners Association, but I believe 1 or 2 lots need to be modified also. What's the best sequence to do this? Thanks Dave Gambordella Stroud Engineering PA 151A Hwy 24 Morehead City NC 28557 (252) 247-7479 (252)247-4098 fax (252)725-4769 cell dQambardeNa@stroudengineer.com A ;hFA L6-7-76Q NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor May 5, 2011 Mr. Richard Cass Flowers C&D Partnership, LLC 209 N 35 Street Morehead City, NC 28557 Division of Water Quality Coleen H. Sullins Director Subject: APPLICATION RETURN for Two Applications: Morehead Professional Park Lot 3A (no permit number assigned) Morehead Professional Park Lot 8A (no permit number assigned) Request for Additional Information: SW8 971034, Morehead Prof. Park Carteret County Dear Mr. Flowers: Dee Freeman Secretary On March 31, 2011, the Division received three incomplete State Stormwater Management Applications for the projects listed above. The application and check numbers 4600 (Lot 3A) and 4604 (Lot 8A), in the amount of $505 each are being returned because the application packages lacked the necessary elements to accept it for review. The Morehead Professional Park permit, SW8 971034, must be modified to accommodate these applications but did not submit the permit modification fee. I understand that there has been discussion among the parties involved as to who would pay that fee, but the fee has not been submitted to date. The applications for Lot 3A and Lot 8A cannot be processed until the modification package for SW8 971034 is received, and so those two packages are being returned. The SW8 971034 package is not being returned. It will be put on hold because it is a partial response to the Division's January 25, 2011 inspection which required you to submit a copy of the latest recorded deed restrictions and to coordinate the submittal of offsite permit applications of the appropriate property owners in the subdivision. We understand that the deed restrictions recorded starting on Bookl347 Page258 of the County registry which were recorded on July 19, 2010 and were submitted to our office on March 24, 2011 reflect the lot configuration that the SW8 971034 modification package submitted on March 31, 2011 requests. However, the March 31, 2011 did not contain the fee, and did not fully address the deficiencies found during the inspection. Additionally, it appears that additional offsite permit applications are needed. For instance, Lot 9 has already been built. As a point of clarification, the Name/Ownership Change Form for this project which was received in our office on March 22, 2010 has not been executed. This form would have transferred the permit responsibilities from C&D Partnership LLC to Madison Park Master Association. A project must be in compliance in order to transfer ownership, and that was not and is not the case for this project. C&D Partnership LLC is still the permittee and is still responsible for all permit actions. Please visit DWQ's website at http.Ith2o.enr.state.nc.us/su/bmp forms.htm to download the latest available forms. Please provide the requested information and return the package to the address below. Note that the 90-day statutory permit review time begins upon receipt of a complete application. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-798-72151 FAX: 910-350-20041 Customer Service:1-877-623-6748 N o rth C ar011 n a Intemet: www.ncwaterquality.org AaturRllff An Equal Opportunity 4 Affirmative Action Employer w S W8 971034 May 5, 2011 If you have any questions, please do not hesitate to call me at (910) 796-7331 or email me at kelly.p.johnson@ncdenr.gov. Sincerely, Kelly Jo nson Environmental Engineer GDSlkpj: S:IWQSIStormWater\Permits & ProjectslApplication Returns12011 05 Morehead Prof Park Lot 3A S:IWQSIStormWaterlPermits & ProjectslApplication Returns\ 2011 05 Morehead Prof Park Lot 8A S:IWQSIStormWater\Permits & Projects11997\971034 HD12011 05 addinfo 971034 cc: Ronald Cullipher, PE, Stroud Engineering Wilmington Regional Office File, Application File for Lot 3A Wilmington Regional Office File, Application File for Lot 8A Wilmington Regional Office File, SW8 971034 (Morehead Prof. Park) Carmen Caro, Home Owners Association, via email only (ccaro@ec.rrcom) Debbie Fisher, Home Owners Association, via email only (OFS@ec.rr.com) Page 2 of 2 .. . ....... 1jil 0 LA ru LD r. ru Q m c-, z tti r-M o CV M '-0 'CIO, rm IN oc LL 0 rJ3 0 o O LU.'N < XO CIEySy c' �I J, r A6 zo 44 CD C2 C) ji is LEI lil PSI LU 11- ru !Q LEI U) -1, okl rn C'4 w 0 CV Lri C4 cc LU LR N 0 0 u) L U. 0 cc ocr Johnson, Kelly From: Johnson, Kelly Sent: Monday, May 23, 2011 9:08 AM To: 'ifearnot@yahoo.com' Cc: 'Dave Gambardella' Subject: FW: Morehead Professional Park, SW8 971034 Attachments: Morehead Professional Park.pdf attached From: Johnson, Kelly Sent: Monday, May 23, 2011 9:06 AM To: 'ifearnot@yahoo.com' Cc: 'Dave Gambardella' Subject: Morehead Professional Park, SW8 971034 Cass, The attached letter was returned in the mail. Here is your copy. Thanks, Kelly *** My email has changed to kelly.p.iohnson@ncdenr.gov_ 1',ICU Johvk.Sm, Kelly Johnson Environmental Engineer Division of Water Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 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. L�►1�� �GI c., rja 2 A a * 1�; 3A,' S 'af o' �� S:a)_�-` 1-2.3r'o — 212 �gYy e_�✓ ��._. l4aiic rjL�C D A/c r1'i GL±�t-0.uT � C q ink 3 3 �S v© -- d��_d �rct,..�+.r �-•1 1 Z/7� fG3 r' b k /a32 Ptr l��, E..ar� f 3�7 ry 3 j _ 196 3 9 , n�C, do 2 �? 55 -4- 119 3 is C-- 1 a'j- _ 6f! Ic La., � C'eYif- �q��i�_G�f��l�Ci� �G� �fl ��� �vG y//ocA t 3� Jdh� Wr'rll�rns,4! 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'� �.9 � V F;'1"�`� �` s S-e/ ✓ � �e 3' �' �j� s � to Ted w,•d� !'�' `r f�->� t,,-m4-yn larel;-,-r, 0sai`,,, ^ols ZLC " Lr4�rez f http://carteret.connectgis.com/Map/PrintWindow.aspx?Map=http:/lcarteret.connectgis.com/aregisoutput/ a... 9/1/2009 Hammers, Angela From: Hammers, Angela Sent: Wednesday, August 04, 2010 3:54 PM To: Jeff Mitchell Cc: ron cullipher Subject: Morehead Professional Park, SW8 971034 Hey Jeff, I hope this finds you well. It has been awhile since we have spoken. Can you get a status update for the Morehead Professional Park? The last item I see in the file is a letter from Mr. Cullipher stating that some action in the form of offsite permit applications would be in the works within 60 days. That would have been Jan. 10, 2010. Thank you for your assistance. Sincerely, Angel Hammers (Please note my new email address is angela.hammers@ncdenr.gov) Environmental Specialist NC Department of Environment and Natural Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: 910.796.7215 Fax: 910.350.2004 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. i 11 A7, A NCDENR 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 Stormwater Management Permit Number: S LO S 9 � J Q-3 L- 2. Project Name: M0XC- 4-&-417 f R0 PESS 10A)AL PPoZ K 3. Current Permit Holder's Company Name/Organization: C bffzT1�L fS�►�L L 4. Signing Official's Name: k c.�,a vJ C • 1` lowf VS Title: i''irz _ (person legally responsible for permit) 5. Mailing Address: 2-0 9 _ _ N. - 3 S ` - 5T City: nor--e-kta Ce _State: 6. Phone: i )_ Fax: () II. PROPOSED PERMITTEE 1 OWNER 1 PROJECT I ADDRESS INFORMATION This request is for: (please check all that apply) [aName change of the owner (Please complete Items 1, 2 and 3 below) l5ame change of project (Please complete Item 5 below) [Ell hange in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) R"Mailing address 1 phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: Ala (�,Sl=�► 142 i �Sr R ,� 5ocj�Gt 2. Proposed permittee's signing official's name: _ „_h(Ctk ,E-[UtiV &Li2S 3. Proposed permittee's Title: M AVP,C-.'�-r, 4. Mailing Address: 0 • D 113. L - City:State: Zip: Phone: (2-52) 22-3 1 O Fax: (2-52-4 ?ZG- 5S1L- 5. New Project Name to be placed on permit: Ma D IS>--&i L&t kI ► DN 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). ❑'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 comp Information on page 4) ❑ Developer (Complete Property Owner Information on page 4) fete MAR 2 2 2010 SSW N/O Change Rev16Nov2009 Page 1 of 4 lll. 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. t . 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, ma ager or General Partner. 6. The $40.00 processing fee. If this is an initial transfer from the original permie-tojjh5 y wner or other responsible party such as an HOA, the processing fee is not required'Kubw s6quen ne hip transfers will require the $40.00 processing fee. . IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements: [0Check 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, I` l J�^z✓ I, C' Fbw -c=r , 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. l 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. ❑ Check here if Current Owner is transferring (selling) the property to a new owner and will not retain ownership of the permit. I, , the current owner, am submitting this 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 11 and V of this form at the mailing address listed in Section II of this form. I further attest that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of this form. 1 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 Division approves Signature: IZDate: 3 I, �� , �- �.. E sJ<e��, , a Notary Public for the State of County of (2{e_r,_t , do hereby certify that C. I wet s personally appeared before me this the day of 20 to , and acknowledge the,due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) UZI') Not Signature "rr SSW N/0 Change Rev16Nov2009 Page 2 of 4 V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, , 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 in compliance 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 the Operation and Maintenance agreement. Signature: 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 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. LIAR 2 % jz\0 SSW N/0 Change Rev16Nov2009 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 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: Mailing Address: City: Phone: Email: State: (if different from street address) State: Fax: Zip: Zip: 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 Date: I, , 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 Signature (Notary Seal) MAR 2 2 2010 ..D SSW NIO Change Revl Mov2009 Page 4 of 4 L Q MEMORY TRANSMISSION REPORT TIME :05-17-'10 14:13 FAX NO.1 NAME FILE NO. 165 DATE 05.17 14:11 TO : 8 912522474098 DOCUMENT PAGES 5 START TIME 05,17 14:11 END TIME 05.17 14:13 PAGES SENT 5 STATUS OK *** SUCCESSFUL TX NOTICE Statc L f lXortth Carolina Dcpvt" ont of Environment and Natural Rcaourca� Wilrnin gton Regional Office 1=3cvcrly Enos Perdue. O- vaC nor Dec krectnan, Seocetary FA.X COVER S)E-LEET mate: t v 1V41_ Of )Ps�� : (axclutli-c cover) To: �T IG rrcif From: i Lg -c lia. a rcr 4c420: ccti: 1v1C >v x FAQ #:5� �.'a. �O�iS F'.A►,Ar#: 910-350-2004 R_IEIV[A 127 C.•m.a�, orwa 6.�.sLon, Wllmla�tao, N', a]_ 2AaOS.3laS TMa�paa♦ (9Y0)'M6-42�P r.= (9to� aao-zooa na 124,•.1 onnaL-tanoty ^M-W.al" ncaan mmL•Lnrwr ' -- State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Beverly Eaves .Perdue, G-vernor Dee Freeman, Secretary FAX COVER SHEET Date: D S f f-?- /'1-" O To: - Ta,-FiE M rrcff . FAX #:25a - 2 �/ � — Y REMARKS: TNIc- - �Ir e, 0 No. Of Ya eS: (excluding cover) From: . {( HC'./-%-Atpcs CO: NC DENR FAX#: 91 0-350-2004 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 "refephone (910) 796-7215 Fax (910) 350-2004 An Equal Opportunity Affirmative Action F,ruployer T a� U a, U cl O ay Q N R! f� CIJ Q) m �a UCO o t U O 7 � O ��O ct C 0 Cd ai Ca C 7 cn W 2-, as STROUD ENGINEERING, P.A. CONSULTING ENGINEERS HESTRON PLAZA TWO 151-A HWY, 24 MOREHEAD CITY, NORTH CAROLINA 26557 (252) 247-7479 November 10, 2009 Ms. Angela Hammers NC Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Re: C&D Partnership, LLC Letter Dated October 15, 2009 SW8 97034 Dear Ms. Hammers, V ',A� 0 t � � (� VE113 NOV 1 2 2009 l am in receipt of your letter dated October 15, 2009 concerning the above referenced project. Mr. Cass Flowers has asked that I respond in his behalf on the issues you referenced and propose the tbllowing plan of action. Mr. Flowers and 1 also would like to thank you for taking the time to walk the site to review the current on site conditions. l ) Item 1 is being worked on along with item 2 at the same time. 2) Item 2 is going to be a little more complicated. The requirement for an offsite permit was not detected. One constructed parcel is not owned by the permittee at all and two of the other parcels are owned by Mr. Flowers but not in the C&D Partnership, LLC name. We have contacted the attorney for Mr.Flowers and she is assisting us in preparing the appropriate legal documents for all parties to file individual offsite applications. We hope to have those filed within 60 days also. 107 COMMERCE ST. SUITE B GREENVILLE, NC 27858 (252) 756-9352 102-D CINEMA DRIVE WILMINGTON, NC 28403 (910) 815-0775 HESTRON PLAZA TWO 151-A HWY. 24 MOREHEAD CITY, NC 28557 (252) 247-7479 3)ltem 3 at the time of the site inspection 1 walk thru we talked about not putting the rip rap in due to the fact it has been l I years and the system has worked with no problems. The flare end section is precast into the manhole structure and this has over the years helped and aloud the structures to function and work per plans design. So we are requesting that the rip rap be removed from the required current permit. 4) Item 4 Vegetate the Swale behind lots 8&9 Mr. Flowers is and has handled this already. If you have any questions in the interim, please do not hesitate to contact me or Mr. Flowers. Mr. Flowers can be reached at 252-241-2310. Cc: Cass Flowers Sincerely, Pald D. (::;cr, P. �Q��F�S$�U2 ��i •�. r - 9 • SEAL 13343 :"' �. Ad 14, YJIF �....�;s NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor October 15, 2009 Mr. Richard Cass Flowers C&D Partnership, LLC 209 N. 35" St. Morehead City, NC 28557 NOTICE OF INSPECTION Division of Water Quality Coleen H. Sullins Director Morehead Professional Park Stormwater Project No. SW8 971034 Carteret County Dear Mr. Flowers: Dee Freeman Secretary Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report". The report summarizes the findings of a site meeting and recent inspection of the project's stormwater controls conducted on October 12, 2009 to determine compliance with Stormwater Permit Number SW8 971034 issued on September 11, 2003, As indicated in the attached inspection report the following deficiencies must be resolved: 1. Submit Deed restrictions to this office. 2. Submit a listing of all properties within the project area, notating owner and state stormwater permit number. 3. Submit documentation to address the absence of the rip rap at Pond #4 inlet or install rip rap per the current approved plan. 4. Vegetate the swale behind lots 8 & 9. Please inform this Office in writing before November 16, 2009, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, when required, may initiate enforcement action including the assessment of civil penalties of up to $10,000 per day. Please be reminded that if any ownership or name change has occurred it is the permittee's responsibility to notify this office in writing. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796-7215, Sincerely, Angela Hammers Environmental Specialist GDSlakh: S:IWQSIStormWaterllNSPECT1971034.oct09 cc: Jeff Mitchell, PE, (Stroud Engineering -Morehead City office) GVIliRO Central Files Wilmington Regional office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910.796.7215 V FAX: 910-350-20041 Customer service: 1-877-623-6748 North Carolina Internet: www.ncwaterquality.org naturally An Equal Opportunity 1 Affirmative Action Employer Compliance Inspection Report Permit: SW8971034 Effective: 09/11/03 Expiration: 09/11/13 Owner: C & D Partnership LLC Project: Morehead Professional Park County: Carteret Penny Lane John Platt Dr Region: Wilmington Morehead City NC 28557 Contact Person: Sunnie Gail Ballou Title: President Phone: 252-726-6811 Directions to Project: from the intersection of NC Hwy 24 & US Hwy 101, take the Bridges Street Ext. Approx. 3.0 miles to the stop light, @ Penny Lane, take a left on Penny Land and Go approx. 1/2 mile to project site. Type of Project: State Stormwater - HD - Detention Pond Drain Areas: 2 - (Calico Creek) (03-05-03 ) ( SC;HQW) 3 - (Calico Creek) (03-05-03 ) ( SC;HQW) 4 - (Calico Creek) (03-05-03 ) (SC;HQW) On -Site Representative(s): Related Permits: Inspection Date: 10/12/2009 Entry Time: 11:30 AM Primary Inspector: Angela K Hammers Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: E State Stormwater (See attachment summary) Exit Time: 12:00 PM Phone: 919-796-7215 Ext.7317 Inspection Type: Stormwater Page: 1 Permit: SW8971034 Owner - Project: C & D Partnership LLC Inspection Date: 10112/2009 Inspection Type: Stormwater Reason for Visit: Follow-up Inspection Summary: During a meeting with the project engineer and Pemittee, items verified as compliant include: 1. Access to inlets and outlets of ponds have been maintained. 2. The slope failure at Pond No. 4 has been repaired and vegetated. 3. The swale behind Lots 8&9 was installed items to be completed include: 1. Vegetation of the swale behind Lots 8&9. 2. Submittal of a request for modification of the permit to meet the requirement of verifying BUA and verifying all related permits are obtained. 3. Submittal of a revision narrative and plan to address the rip rap absence at the inlet at Pond No. 4. 4. Submittal of deed restrictions to DWQ. File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: Deed restrictions have not yet been submitted to DWQ. SW Measures Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Comment: Riprap at the inlet of Pond#4 has not been installed. The slope failure near the outlet has been repaired and re -vegetated. The swale behind Lots 8&9 was installed. ration and Maintenance Are the SW measures being maintained and operated as per the permit requirements? Yes No NA NE ❑ ❑ ❑ ■❑nn ® ❑ ❑ ❑ ❑ ■ ❑ ❑ Yes No NA NE ❑ ■ Q ❑ M Q ❑ ❑ ® ❑ ❑ ❑ Yes No NA NE n ■ ❑ ❑ Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ upon request? Comment: The swale behind Lots 8&9 needs to be vegetated. Access to Inlet/Outlets of Pond 2 & 3 was maintained. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ®❑ ❑ Comment: At the meeting with the project engineer and Mr. Flowers, a request for modification to include all required related permits and verification of BUA is to be submitted to DWQ. Page: 2 U o v Ix U CT O N � =n `�— CY o� N p N5 V _ SO 3: G O P �' C tu co 0 O c Z in. E z0C14 tR O 0 1 i Q! ty'1 I Q Q z 0 0 0 >x00 LJ, Q Q d: ,0 Z Eil iil f� --• G► Fr(r 0 i4 ial � z tt .Y a 0 H (j 13 _� i �a .� � a a'v m c v � `m � of w m � .�. _ � C mOm � t�i 7 V� � � N Q rC K l � Ob-0 o m � �� Wd m�c `m a as • �� � � o � v o m m rn m m ' �� ", � �� I i i h Fes.! I ._ _ _ �.._ �a-•. ... y .__._ _. ti -�-- � � -- _.. - r� ' _J � . _�', i ` . _ ..._ i M . . ... � � -- Hammers, Angela From: Jeff Mitchell Umitchell@stroudengineer.com] Sent: Wednesday, September 09, 2009 10:57 AM To: Hammers, Angela Cc: ron cullipher Subject: MOREHEAD PROFESSIONAL PARK SW-8971034 MS. HAMMERS PER ARE PHONE CONVERSATION TODAY. I DO UNDERSTAND THAT AN ADDITIONAL 30 DAYS HAS BEEN GIVING AS REQUESTED BY ME TO FINISH THE ITEMS 2-5 OF THE INSPECTION REPORT LETTER DATED MAY 22, 2009. AND THAT THERE MAY INFACT BE A LETTER OF VIOLATION IF'NOT COMPLETED WITHIN THE 30 DAYS. I DO THANK YOU AND HAVE A GREAT DAY, Jfl=M`tchew Stroud Engineering P.A. 151-A Highway 24 Morehead City NC 28557 252-247-7479EXT 231 (Phone) 252-247-4098 (Fax) )mitchell@stroudengineer-com 0 1, Jun,23. 2009 8:19AM STROUD ENGINEERING P A No. 6013 P. 1 151-A H" 24 Morehead CRy, NC 28557 252-247.7479 Pt=e 252.247.4098 - Fox Fi1X Stroud Engineering, PA From: arm cJ1 L l !V F03a I'D -- 35b --Zak- Pages: r 4 IPhona: Date: 0 Urgent E7 For Rev] ow Please Comment Cl Please Reply © Please Recycle • ComMonts: FcAr� o �C iav� A fl EN6}pitk-l's CW Oc �GLS:S.:..:....:.....:.._... . . P _ ! F"1 `) t2 i1w\ U 0 11 i 11 P , r M"Pc� Jun,23, 2009 8:19AM STROUD ENGINEERING P A No-6013 P, 2 STROUD ENGINEERING, P.A. CONSULTING ENGINEERS HESTRON PLAZATWO 151-A HWY. 24 MOREHEAD CITY, NORTH CAROLINA 28557 (252)247-7479 June 22, 2009 Ms. ,Angela Hammers NC Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Re: C&D Partnership, LLC Letter Dated May 22, 2009 SW8 97034 Dear Ms. Hammers, I am in receipt of your letter dated May 22, 2009 concerning the above referenced project. W. Cass Flowers has asked that I respond in his behalf on the issues you referenced and propose the following plan of action. Mr. Flowers and I also walked the site to review the current on site conditions. I ) I am enclosing a new certification, the file for this project was not located but we did Have a copy of the permit in the original Madisen Parke file. 2) Items 2 through 5 are being implemented by Mr. Flowers and he indicated he would be complete within 60 days. . --D. U J 2 IG g 3) Item 6 is going to be a little more complicated. The requirement for an offsite permit was not detected. One constructed parcel is not owned by the permittee at all and two of the other parcels are owned by Mr. Flowers but not in the C&D Partnership, LLC name. We have contacted the attorney for Mr. Flowers and she is assisting us in preparing the appropriate legal documents for all parties to file individual offsite applications. We hope to have those filed within 60 days also. If you have any questions in the interim, please do not hesitate to contact me Mr. Flowers. Mr. Flowers can be reached at 252-241-2310. .�`H CA 0",, ?i9.: erely, rQQ` y S r: Mac Q,� � z R Id D. Culliphe�►:��yQ1NEEQ=''.�`�:' 107 COMMERCE ST. HESTR leZ1Yfi1b� SUITE B 102-0 CINEMA DRIVE 1511 2d C� GREENVILLE, NC 27858 WILMINGTON, NC 284,03 MOREHEAD CITlf�aw>t y, ' (252) 756.9352 (910) B15-0775 (252) 247-7479 Jun.23, 2009 8:20AM STROUD ENGINEERING P A C. Morehead Professional Park Stormwater Permit No. SW8 971034 Mod. Carteret Coun Designer's Certification k 6013 P, 1- State Stormwatgr Management Systems Permit No.,$ 971034 Modification Page 1 of 2 ;k I, E-onoJ6 CO ii t p� , as a duly registered Yu �essi din the State of North Carolina, having been authorized to obs a (perio i a weeklylfu11 time) the construction of the project, ale. PDk SSC A� (Project) for C C b Pa -Y%NA to 4LLC. , (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 are a part of this Certification. Noted deviations from approved plans and specifications: LJi LL ivy I a -AZ �D� (-7 Ott] I N D) 0 163 /X-. (S)U 1-5 rChL" u e +1 DES) `( C pt-2m q Signatur6RII 0 Lap) Registration Number ! 33 Date 2 Z D 13 "'J%tiHl toys',, ZH CaR y,,�oP••........0.40 2 SEAL r 13343 Jun.23, 2009 8:20AM STROUD ENGINEERING P A No. 6013 P. 4 State StorMwater Management Systems Perri .-4o. SW8 971034 Modification Certification Requirements: Page 2 of 2 QL__1. The drainage area to the system contains approximately the permitted 5E1 ua� � acreage. The drainage area to the system contains no more than the permitted amount of built -upon area. :Sc 4 Av�z All the built -upon area associated with the project is graded such that the SEC juojl�_ runoff drains to the system. S 4 1 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 outletfbypass structure. �8. All slopes are grassed with permanent vegetation. F-PT-_9. Vegetated slopes are no steeper than 3:1. U< 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. R 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. J?_L14. All required parts of the system are provided, such as 'a vegetated shelf, a forebay, and the vegetated filter. kL<_015. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWO Regional Office Town of Morehead City Building Inspections �9 �r r w �+ [_ u3 a C: J D ss to K f�" �. LU I Al Ln Z M t a _a x Q �wr co � •Q j N 3: U oacc p0Uc z w S a, El (4 y c w o '� yZwO •�.L .? 47pF"yQ c 4 H W J cc C pm°oo H = d L 2 Q p U w L ? LLJ Q� go CL C) L : ¢ ca cn 0 CY) ._•r � 06 O 400 � c) af, �t 10 'r eta REC F,IV�' JUN 2 3 2005 �OF W A rFRQ Michael F. Easley, Governor �O G William G. Ross, Jr., Secretary Cl) North Carolina Department of Environment and Natural Resources � y Alan W. Klimek, P.E. Director Division of Water Quality June 13, 2005 Mr. Richard C. Flowers, Member/Manager C & D Partnership 209 N. 35t" Street Morehead City, NC 28557 Subject: REQUEST FOR RECORDED DEED RESTRICTIONS Morehead Professional Park Stormwater Project No. SW8 971034 Carteret County Dear Mr. Flowers: On September 11, 2003, the Wilmington Regional Office issued a modified Stormwater Management Permit to you for Morehead Professional Park. Per the requirements of the permit, a copy of the recorded deed restrictions must be forwarded within 30 days of the date of recording. A review of our files indicates that, as of this date, a copy of the recorded deed restrictions has not been received in this Office. Failure to record and/or provide a copy of the recorded deed restrictions prior to selling lots is a violation of your permit, and subject to enforcement action. Please forward a copy of the recorded deed restrictions to this Office at the address below by July 13, 2005, or enforcement action may be initiated and may include recommendations for civil penalties and revocation of the permit. If you have any questions, please do not hesitate to call me at (910) 796-7404. Sincerely, v� Linda Lewis Environmental Engineer II ENB/arl: S:IWQSISTORMWATIDEEDREST1971034.jun05 cc: Town of Morehead City Building Inspections Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer servicel-877-623-6748 one Wilmington Regional Office Wilmington, NC 28405.3845 FAX (910) 350-2004 Internet: h2o.enr,state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer — 50% Recycied110% Post Consumer Paper Natmar(Cl� ' State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross Jr., Secretary April 14, 2004 f NCDENR NORT CAROUN4 DEPAn TMeW OF ENVIRONMENT b NATURAL RESOURCES NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT CERTIFIED MAIL 7003 2260 0005 0986 8835 RETURN RECEIPT REQUESTED C & D Partnership LLC. Ms. Cass Flowers, Member/Manager 209 N. 35"' Street Morehead City NC 28557 Project Name: Morehead Professional Park Project No: 971013CA Carteret County Dear Ms. Flowers: On April 7,2004 personnel of this office inspected a project located on Penny Lane in Carteret County, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of approximately 18 acres being conducted. It is our understanding that you and/or your firm are responsible far this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the Act, NCGS 1 13A-50 to 66, and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the following violations, please notify this office immediately. The violations that Were found are: Failure on a tract of more than one acre, when more than one acre is uncovered, to provide a permanent ground cover sufficient to restrain erosion on such exposed areas within 15 working days or 60 calendar days, whichever is the shorter after completion of construction or development. G.S. 1 13A-57(3) and 15A NCAC 413.0124(e). Groundcover sufficient -to restrain erosion has not been established on all exposed areas. 2. Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of the tract. G.S. 1 13A-57(3). Measures sufficient to retain sediment on site have not been installed per approved plan. 127 Cardinal Drive Extension, Wilmington, N.C. 28405.3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer �, F t Ms. Cass Flowers April 14, 2004 Page 2 3. Failure to take all reasonable measures to protect all public and private property from damage by such land -disturbing activities. 15A NCAC 4B.0105. All reasonable measures have not been taken to protect public and private property from damage from land disturbing activities. 4. Failure to maintain on graded slopes and fills an angle which can be retained by vegetative cover or other adequate erosion control devices or structures. NCGS 1 13A- 57(2) or 15A NCAC 0413.0124(d). Slopes of the ditch excavated between lots 8 & 11 are too steep. Slopes along lot north portion of lot 11 are severly eroded and are too steep. 5. Failure within 15 working days of 30 calendar days (whichever period is shorter) of completion of any phase of grading to plant or otherwise provide exposed, graded slopes or fills with ground cover, devices, or structures sufficient to restrain erosion. G.S. 1 13A-57(2). Groundcover has not been established on exposed slopes of ditch between lots 8 & 11, along northern boundary of lot 11, or at ditch crossing at culvert between lots 7 & 8. 6. Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation control measures and facilities during the development of a site. 15 NCAC 4B.01 13. Silt fence has not been properly maintained. To correct these violations, you must: 1. Establish permanent groundcover sufficient to restrain erosion on all barren areas. 2. Install measures sufficient to retain sediment on site. 3. Take all reasonable measures to protect public and private property from damage by the land disturbing activities. 4. Reshape excessively steep or eroded slopes. 5. Establish groundcover on exposed graded slopes sufficient to restrain erosion. 6. Maintain, repair, or restore erosion control measures. Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover" or of "ground cover sufficient to restrain erosion." These requirements are not satisfied until a standing cover of grass or other ground cover is established which is, in fact, sufficient to restrain accelerated or man-made erosion. Ms. Cass Flowers April 14, 2004 Page 3 The initial one day civil penalty could be an assessment of up to $5,000.00. A time period for compliance is not required for this initial one day civil penalty pursuant to NCGS 1 13A-61.1 (c) and NCGS 1 13A-64(a)(1). An initial one day civil penalty is being considered for this project. If the violations described in this Notice are not corrected within 20 days following your receipt of this Notice, the Division of Land Resources may take additional appropriate legal action against you pursuant to NCGS 113A-64. That action could be the assessment of additional civil penalties and may result in the initiation of other remedies as prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to $5,000.00 per day for each day of the violation pursuant to NCGS 133A-64(a)(1 ). if all violations are corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be pursued. Any new land -disturbing activity associated with this project should not begin until the area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should notify this office so that the work can be inspected. You should not assume that the site is in compliance with the Act until we have so notified you. In addition, once compliance has been achieved, all installed measures must be satisfactorily maintained until development is complete and the site is fully stabilized to avoid further violations of the Act. We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this Notice or the requirements of the Act, please contact either Trentt James or me at your earliest convenience. Please do not hesitate to contact me regarding any questions you might have about this matter. Sincerely, Daniel Sams, P.E., M.E. Regional Engineer DES//asb cc:. Sedimentation Specialist WiROUIS i,BWO Supervisor-WiRO Enclosure: Inspection Report County C w rtn c r- Person Financially Responsible: Address: 2C5 7 3 '1' 5 t NORTH C.4ROLIX4 DEP14RTiWENT OFEN7RONMENTAND N,4TUR,4L RESOURCES L4ND QUAL.ITYSECTTON.• 127 Cardinal Drive, Ext., 6lrlmingtan, NC28405-3945 (910) 395-3900 r River Basin �N�'+r1f O/*rt Project # 2 �-/01 gCPr 2 Case # 1. Project Location Pictures: No ❑ Yes Prints ❑ Slides 0 Di 'tala- Video ❑ 2. Weather and Soil Conditions _ 4'J'#J wry 3. Is site currently under notice of violation? Yes ❑ N42 4. Is the site in compliance with the S.P.C.A. and the rules? Yes ❑ Now If no, check violations below: 5. Violations: ❑ a. No approved plan, G.S.113A-57(4) and 15A NCAC 4B.0107(c) ❑ g. Inadequate buffer zone, G.S.113A-57(1) ❑ b. Failure to follow approved plan, G.S. 113A-61.1 '7"h. Graded slopes and fills too steep, G.S. 113A-57(2) ❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and or 15A NCAC 4B.0124(d) NCAC 4B.0118(a)Z, . Unprotected exposed slopes, G.S. 113A-57(2) P�15A l d. Failure to provide adequate groundcover, G.S. 113A-57(3) and � I. Failure to maintain erosion control measures, 15A NCAC 413.0107(b) or 15A NCAC 4B.0124(e) = 15A NCAC 4B.0113 Z e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ❑ k. Other (describe) •a f. Failure to take all reasonable mews res, 15A NCAC 4B.01195 6. NPDES Permit Violation? YesWNo ❑ Describe Ncr4 • Cr_wft)t�wrf 'y y-1 • �- H 7. Has sedimentation damage occurred since last inspection? YesX If yes, where? (check all that apply): No Lake/natural watercourse on the tract.Er Lake/natural watercourse off the tract ❑ Other property ❑ Description: 1 tP r fs e Ntv, 70Grl I.ft1�7HCrYir G�__._tT1 ttin Degree of damage: Slight ❑ Moderate 21 Severe ❑ C V Title t _ S. Contact made with (Name) (, e l- i PH txR .k µ s�'� • nl;- NCr Inspection Report given ❑ or sent,�7 to Person Financially Responsible Date given/sent 9. Corrective actions needed: E�CusC-i_ ScFr+e- +Cur — -r-t'D �Et iY2l+11v4 PA- A-11- Lz -,Lao f — i fl j�p'S kr^; AL ,'y,-�-�-`t�n_•c. — '5� nfCrLl,•.�; � �' 7��-.+i.+. j�-�-�1.�.'i.? C.�. SITt 4U'c F�+t rZ TO ?QDT-cc i�c 3r<rcS P2""'t >>&r rN4 c 7rc —,L)40 L_Gn� �r =� 2f3r+v4 rf'crr�rrrc5� ('-0<(,.i--n CNr r:-&carte /--0,N".)C-r1 S Ie0 S <t irrCrL,T h? ���TIL.�sr+? C Cia�lc PAttl7-/!�r•-� (_L'Per1`Z Lf QLms oaC f1'2':zLIG,+( C"-Nri'1.J� Mc^hCL'1?CG 10. Comments: MEA-,LiLi S YM TPC �•� P� -11)'r(+4 A eE^-Kf CCU _ ` I E A. IT; i�n0ITI-+ 11L Fj['Cni �/11� t 7i%, � f2 IN r-7 COMPI_ PN ^YeC � M, It �f' 4/I IXCp 1e— k I L ;mot I -' $SL� I- r-)-f `4-rrS .2r{c��- A ?L A t-1 C1 Ar. i�CtL_t] i'.i- _ /,�mr `/7 ow,1r� i7-ft l %(' E r ? Jti ti r/ L c , '- Ls f' 1' _ /S � IZ r� AL I1 Report by: 1 !1,`e.,•n ffvk r5 _ Others present ] Date of Inspection: -Y / -� /zoG_ y Time arriving at site: 2: 3 Time lea%ring site: - Cs— cc State Stormwater Management Systems Permit No. SW8 971034 Modification 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 IS HEREBY GRANTED TO Richard Cass Flowers, C & D Partnership, LLC Morehead Professional Park Carteret County FOR THE construction, operation and maintenance of three wet detention ponds 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 September 11, 2013, 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 on page 3 of this permit, the Project Data Sheet. The subdivision is permitted for 16 lots, each allowed a maximum amount of built - upon area, as described in Section II.10 of this permit. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 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 surface areas and volumes specified on the Project Data Sheet must be provided. The drawdown rate of the system must be between 2 and 5 days. 6. The runoff from a maximum of 21,389 ft2 may be directed into the wetland. 2 State Stormwater Management Systems Permit No. SW8 971034 Modification DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Receiving Stream / River Basin Stream Index Number: Classification of Water Body: Pond Number: Design Storm: Morehead Professional Park SW8 971034 Modification Carteret County Mr. Richard Cass Flowers, Member/Manager C & D Partnership, LLC 209 N. 35th Street Morehead City, NC 28557 November 1, 1999 Modified August 29, 2003 Calico Creek 1 White Oak W H 003 21-32 "S C" 2 3 4 111 1 , ill Drainage Area, acres: 10.7 6.34 2.22 Onsite: 10.7 6.34 2.22 Offsite: 0 0 0 Total Impervious Surfaces, ft2: 331,551 195,818 57,743 Lots, ft2: OO 196,106 0179,702 @30,161 Roads/Parking, ft2: 60,598 13,917 13,311 Existing, ft2: 69,118 0 11,393 Sidewalk, ft2: 5729 2,199 2,878 Pond Depth, feet: 6.5 5.8 5.0 TSS removal efficiency: 90% 90% 90% Permanent Pool (PP) Elevation, FMSL: 10.20 8.51 12.50 Permitted Surface Area, ft2: 16,746 11,653 6,020 Permitted Storage Volume, ft3: 28,624 16,871 7,299 Temporary Storage Elevation, FMSL: 11.71 9.76 13.54 Controlling Orifice: 2.00" � 2.00" � 1.5" � Forebay Volume, ft3: n/a 7,989 4,201 ©Lot 1 @4200; Lots 2-7, Lot 8 @13,699; Lot 9 @10,961. (Mot 8 @14,038; Lot 9 @ 11,813; Lots 10-16, QQ Lot 1 @30,161. 3 State Stormwater Management Systems Permit No. SW8 971034 Modification II. SCHEDULE OF COMPLIANCE No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals given by the Board do not relieve the owner of the responsibility to maintain compliance with the permitted BUA limit. 4. 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 the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, 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. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. 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. 4 State Stormwater Management Systems Permit No. SW8 971034 Modification 10. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the form: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 971034 Mod., as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is as follows, in square feet: Lot 1 34,361. Lot 6 18,035 Lot 11 34,748 Lot 2 27,648 Lot 7 27,378 Lot 12 14,083 Lot 3 26,000 Lot 8 27,737 Lot 13 15,997 Lot 4 26,898 Lot 9 22,764 Lot 14 27,059 Lot 5 41,287 Lot 10 24,506 Lot 15 18,032 Lot 16 19,261 This allotted amount includes any built -upon area constructed within the lot property boundaries, including easements, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished by providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. 11. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, bear the signature of the Permittee, the deed book number and page, and stamp/signature of the Register of Deeds. 5 State Stormwater Management Systems Permit No. SW8 971034 Modification 12. 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. 13. Decorative spray fountains will not be allowed in the stormwater treatment system 14. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16.- The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function 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 side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, catch basins and piping. g. Access to all components of the system must be available at all times. 17. 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. 18. 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. 19. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. N. State Stormwater Management Systems Permit No. SW8 971034 Modification 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. 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. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 5. 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. 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. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8.• The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. 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. Permit issued this the 11th day of September, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION &A Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 971034 Modification 7 STROUD ENGINEERING, P.A. CONSULTING ENGINEERS HESTRON PLAZA TWO 151-A HWY.24 MOREHEAD CITY, NORTH CAROLINA 28557 (252) 247-7479 August 28, 2003 Ms, Linda Lewis NC Division of Water Quality— Stornm ater Section 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Request for Additional information Stormwatcr Project No. SW8 971034 Mod. Morehead Professional Park Carteret County Dear Ms. Lewis. RECEIVED AUG 2 9 2003 �W p]Roa # R�m34 We are in receipt of your request for information dated August 19, 2003 and your faxed copy of a previous email to Kkuhn dated 8/27/03, Mr. Kuhn is no longer with us and I will be completing this project. Response to letter dated 8/19/03 1.. You are correct the supplement did not get revised. The supplement form for pond 2 has been modified and is attached to show the correct drainage area of 10.7 acres, the correct impervious area of 7.6 acres, and the correct SA/DA ratio of 3.46%. Additionally, since other corrections were implemented from the other comments. the main application has also been modified for this pond. 2. The built upon area breakdown for Pond 3 has been corrected to indicate that the total BUA is 195,818 sf, it was inadvertently placed on the wrong line. 3, New volume and drawdown calculations are attached to account for die increase in the built upon area for pond 2. As indicated above in number 1, changes to both forms have been incorporated. 4. The bottom elevations for ponds 2 and 4 have been referenced on the outlet control structure, section detail on sheet 8 of 8. A copy of the change is attached for a fax transmittal but the original print is being overnighted today. 5. 1 have made the changes that I feel are correct on the applications, if there are any remaining deficiencies please feel free to correct them. Faxed Comments The 37,947 SF allowable BUA for Lot 1 was incorrect. However, the access to lot 1, which is shared with lot 2 was not previously accounted for. The access area with an impervious coverage allotment of 4200 sf, which is in the drainage area for pond 2 has been taken from the remaining lots impervious coverage allotment. The new impervious surface to pond 2 is now 331,551 sf. This is the basis of my redesign discussed above. We have attached the proposed impervious coverage amendment for the lots, which would be implemented in the final restrictive covenants. If you have any questions or comments, please don't hesitate to call me. i crcl}, n R aId D. Cullipher P.E 107 COMMERCE ST. SUITE B 102-D CINEMA DRIVE GREENVILLE, NC 27858 WILMINGTON, NC 28403 (252)756-9352 (910)815-0775 (252) 247-7479 12.1 Permit (a) Lot No. MOREHEAD PROFESSIONAL PARK RESTRICTIVE COVENANTS R Impervious chart 1 (Pond 4) (Pond 2) 2 3 4 5 6 7 8 (Pond 2) (Pond 3) 9 (Pond 2) (Pond 3) ECEIVED ARTICLE TWELVE AUG 2 9 2003 STMMWA"1TER PERMIT Revised 8127/03 �� 9�rv34- 1� PROD # 10 11 (51,366.64 - 12,757.69 =) 12 (15,784.73 — 136.99 =) 13 14 15 16 Lot Size 33,542.00 f12 8,650.00 ft2 34,982.62 ft2 29,859.12 ft2 31,965.65 ft2 49,207.67 ft2 20,039.67 ft2 32,642.83 ft2 15,222.51 ft2 15,597.69 ft2 12,178.65 ft2 13,157.18 ft2 27,228.79 f12 38,608.95 f12 15,647.74 ft2 17,774.92 f12 30,066.07 ft2 20,035.90 ft2 21,401.57 f12 Maximum Square Feet of Impervious Area 30,161.00 ft2 4,200.00 ft2 27,648.00ft2 26,000.00 f12 26,898.00 112 41,287.00 112 18,035.00 ft2 27,378.00 ft2 13,699.36 ft2 14,037.92 ft2 10,960.79 ft2 11,813,06 ft2 24,505.91 ft2 34,748.06 ft2 14,082.97 f12 15,997.43 ft2 27,059.46 ft2 18,032.31 f12 19,261.41 ft2 i STATE OF NORTH CAROLINA COUNTY OF CARTERET RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS made and entered into this day of , 2003, by the present owner of the property described in Paragraph l(1) hereunder, C & D Development, LLC, a North Carolina limited liability company, hereinafter called "DECLARANT" STATEMENT OF PURPOSE Declarant. is the owner of certain property located in Morehead City, North Carolina more particularly described in Paragraph l(1) herein on which it desires to develop as an office and professional business district. Declarant desires to provide for the preservation of the values and amenities for such uses and for the maintenance of common areas; and, to this end, desires to subject the property described in Paragraph 1(l) herein, together with such additions as may hereafter be made thereto, to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which- is and are for the benefit of said property, Declarant and each subsequent owner thereof. Declarant deems it desirable for the efficient preservation of such values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created. To this end, Declarant has incorporated or will incorporate under the laws of the State„ of North Carolina, as a nonprofit corporation, 'Morehead ;Profe"ssionalt'' Pazk Owners' Association, Inc. (the '"Association"), for the purpose of exercising the functions aforesaid; NOW THEREFORE, Declarant declares that the real property described in Paragraph 1(1) hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth. i 2- ARTICLE I Definitions I. Definitions. The following words when used in this Declaration or any. Supplemental Declaration (unless the context shall prohibit) shall have the following meanings: a. "Architectural Committee" shall mean those three or more individuals so designated from time to time by the Board of Directors of the Association. Those individuals appointed by the Board of Directors may be removed from the Architectural Committee at any time by the Board of Directors at its discretion. The Board of Directors may designate itself as the Architectural Committee. b. "Association" shall mean and refer to Morehead Professional Park Owners' Association, Inc., as formed or to be formed by Declarant. C. "Board of Directors" shall mean the Board of Directors from time to time of the Association. d. "Common Area" shall mean and refer to those areas of land now or hereafter shown on any recorded subdivision plat of the Property or hereafter deeded to the Association and intended to be devoted to the common use and enjoyment of the Owners, but shall exclude each individual Lot and any structure thereon. The streets shown on the Plat referenced in Exhibit A and designated "John Platt Drive" and "Penny Lane" are dedicated for ingress, egress and regress to the Lots and for public use and Declarant reserves the right to deed the same (subject to use rights. of the public and. owners) to either --the Town of Morehead City 'or the Association. Even if deeded to the Town of Morehead City, Declarant may designate the streets Common Area. e. "Declarant" shall mean C & D Partnership, LLC, its successors and assigns to which it shall convey or otherwise transfer its right, title and interest to all or any part of the Property and in so doing expressly designates the transferee as a "Declarant" hereunder. f. "Development Period" shall mean the period that is ten (10) years from the date of this Declaration is recorded at the Register of Deeds of Carteret County. •With respect to any land annexed to the Property by Declarant as herein permitted, the "Development Period" shall mean the time that is ten (10) years from the time that such land is annexed to the Property by recording of the Amendment hereto at the Office of the Register of Deeds of Carteret County. g. "Lot" shall mean a lot or parcel of real property in the Property shown on the Plat. As used herein, "Lot" shall not include the Common Areas, nor shall it include roads, streets, or 41 i -3- parking areas within the Property which are to be deeded or dedicated by Declarant to the Town of Morehead City. G � h. "Master Association" shall mean Madisen Park Master Association, Inc. as set forth in the Declaration of Covenants, Conditions and Restrictions for Madisen Parke (Master Association) recorded in Book 866, Page 606 Carteret County Registry and as amended. i. "Member" shall mean a person or entity who holds membership in the Association as provided in this Declaration hereafter. j. "Mortgage" shall include the noteholder or cestui que trust secured by a deed of trust. k. "Owner" shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Lot, or, if a Lot is subject to a reversion in a lease redeemable pursuant to law, the owner of the leasehold interest,, and not the holder of title as such of the reversionary interest, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 1. "Property" shall mean all that certain property described in Exhibit A attached hereto and incorporated herein by reference, and such additions thereto as may hereafter be brought within the jurisdiction of the Association by annexation and subjected to this Declaration as herein provided. M. "Structure" shall mean any thing or device other than trees, shrubbery (less than three feet high in the form of a hedge) and landscaping, the placement of which upon the Property (or any part thereof) may affect the appearance of the Property (or any part thereof) including, by way of illustration and not limitation, any building, trailer, garage, porch, deck, shed, greenhouse, or bath house, coop or cage, covered or uncovered patio, swimming pool, clothesline, radio, television or other antenna, satellite dish, fence, sign, curbing, paving, wall, roadway, walkway, exterior light, hedge more than three feet in height, signboard or any temporary or permanent living quarters (including any house trailer) or any other temporary or permanent improvement to the Property or any part thereof. "Structure" shall also mean (i) any excavation, fill, ditch, diversion dam or other thing or device which affects or alters the natural flow of surface waters from, upon or across the Property, or which affects or alters the flow of any waters in any natural or artificial stream, wash or drainage channel from, upon or across the Property, and (ii) any change in the grade of the Property (or any part thereof) of more than six (6) inches from that existing at the time of purchase by an Owner. -4- ARTICLE TWO, Property Rights 2.1 Grant of Lots. Declarant shall hereafter hold, grant and convey the Property, and any part thereof, including, but not limited to Lots, subject to the covenants, conditions, easements and restrictions herein set forth and as set forth on the plat of "Morehead Professional Park" prepared by Stroud Engineering, P.A., dated March 1, 2003, recorded in Book , Page , Carteret County Registry, which are for the benefit of, binding upon and shall run .with the land, and are for the benefit of Declarant, the Association and the Owners, their heirs, personal representatives, successors and assigns. 2.2 Grant of Common Areas. Declarant covenants that it will convey the Common Areas to the Association, and the Association shall accept from Declarant the Common Areas, with such improvements as may be constructed thereon at the time of such conveyance and shall hold them subject to the provisions hereof. Declarants covenant that .they will convey the streets, sediment basin, and an easement in all drainage easements to the Association after seventy-five (75%) percent of the lots are sold. Declarant reserves the right to convey any retention pond and drainage area or easements to the Master Association as defined herein. 2.3 M_ember's Easements of Enjoyment. Every Member shall have a right and non-exclusive easement of use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provision: The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by majority vote of the Members. 2.4 Structures. Except as otherwise permitted by the provisions of this Declaration, no Structure shall be, erected, placed or maintained on any Common Area except: (i) Structures designed exclusively for the common use of Members, including, but not limited to, benches, chairs or other seating facilities, fences and walls, walkways, roadways, and similar facilities; and (ii) pumping stations, drainage, storm and utility systems. The Common Areas may be graded, planted with trees and shrubs and other plants placed and maintained thereon for the use, comfort and enjoyment of the Members or for the establishment, retention or preservation of the natural growth or topography of the Common Areas and for aesthetic reasons. 2.5 Rules. The Association shall have the right to prescribe reasonable rules and regulations governing the use of the Common Areas, which rules and regulations shall apply equally to all Members. -5- 2..6 Association_ Management. The Association may improve, develop, supervise, manage, operate, examine, inspect, care for, repair, replace, restore and maintain the Common Areas, including, by way of illustration, and not limitation, streets, roadways, sidewalks, parking areas and all trees, shrubbery and other plants and landscaping, together with any items of personal property placed or installed thereon, at.the cost and expense of the Association. The Association shall maintain the storm water management features of the Subdivision as provided in Article 12 hereof. ARTICLE THREE Reserved Rights of Declarant 3.1 Reserved Rights of Declarant. The Association shall hold the Common Areas conveyed to it by Declarant subject to a reservation to Declarant of an easement over any road in the Common Areas, such easement for the purpose of ingress and egress and the installation and maintenance of public and private utilities to serve the Property and any part thereof, including any Lot and all or any part of the property described in Exhibit B attached hereto. 3.2 Grading. Declarant further reserves unto itself the right at or after the time of grading of any street or any part thereof for any purpose, to enter upon any abutting Lot and grade a portion of such Lot adjacent to such street, provided such grading does not materially interfere with the use or occupancy of the Lot for the purposes allowed herein. However, said Declarant shall not be under any obligation or duty to do such grading or to maintain any slope. 3.3 Amendment of Plats. No right shall be conferred upon any owner or Member by the recording of any plat relating to the development of the Property, Declarant expressly reserving unto itself the right to make such amendments to any such plat or plats as in its best judgment shall be advisable and as shall be acceptable to public authorities having the right to approval thereof. This provision shall not be deemed to give Declarant any right to amend the property line or any Lot not then owned by Declarant. 3.4 Easement for Utilities. a. Declarant, for itself, its successors and assigns, reserves an easement on, over and under -the Common Areas for the purpose of ingress and egress and the installation and maintenance of public and private utilities to serve the Property and the Lots therein, and all or any part of the property described on Exhibit B attached hereto, including, but not limited to, the right to lay, install, construct .and maintain pipes, drains, mains, conduits, lines and other facilities for water, storm sewer, sanitary sewer, gas, electric, telephone, cable television, and other public or private services or utilities deemed by Declarant necessary or advisable to provide adequate service to any Lot now or hereafter laid out or established on the Property, and all or any part of the property described on Exhibit B attached hereto, or in or on the area in which the same is located, together with the -right and privilege of entering upon the Common Area for such purposes and making opening and excavations thereon which openings and excavations shall be restored in a reasonable period of time. b. Further, Declarant, for itself, its successors and assigns, reserves an easement on, over and under the Common Areas for the purpose of ingress and egress and the installation and maintenance of public and private utilities to serve land adjoining any of the Common Areas (whether such land is owned by Declarant, its successors or assigns, or others), including, but not limited to the right to'lay, install, construct and maintain pipes, drains, mains, conduits, lines and other facilities for water, storm sewer, sanitary sewer, gas, electric, telephone, cable television, and other public or private services or utilities deemed by Declarant necessary or advisable to provide adequate service to any such land, or in or on the area in which the same is located, together with the right and privilege of entering upon the Common Area for such purposes and making openings and excavations thereon which openings and excavations shall be restored in a reasonable period of time. ARTICLE FOUR Membership and Voting Rights 4.1 Membershipl. Every Owner of a Lot which is subject to assessment shall be a member of the Association.- Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. 4.2 Voting. The Association shall have two (2) classes of voting membership: a. Class A. Class A Members shall be all owners, with the exception of Class B Members, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as the Owners among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. b. Class B. The Class B Member shall be the.Declarant. The Class B Member shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease, subject to revival upon additional land being annexed to the Property pursuant to this Declaration, and be -7- converted to Class A membership on the happening of the first to occur at the following: i When the total votes outstanding in the Class A membership equal or exceed the total votes outstanding in the Class B membership, or ii. January 1, 2007 ARTICLE FIVE ' Covenant for Maintenance 5.1 Creation of Lien and Personal Obligations for Assessments. The Declarant, for each Lot, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (i) annual assessments or charges, (ii) special assessments, and (iii) additional assessments, all such assessments to be established and collected as hereinafter provided. The annual, special, and additional assessments, together with interest, costs and reasonable attorney's fees shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person(s) who was the Owner of such Lot at the time when the assessment became due. The personal obligation for delinquent assessment shall not pass to successors in title of an Owner unless expressly assumed by them. 5.2 Purposes of Assessments. Assessments levied by the Association shall be used exclusively to promote the health, safety, and welfare of the Owners of Lots within the Property and for the improvement and maintenance of the Common Areas and as is otherwise consistent with the rights and responsibilities of the Association hereunder and for the benefit of the Members. 5.3 Commencement of Assessment. No minimum or specific regular or special assessment is being established by Declarants. The Association, at such time its Board of Directors deems appropriate, will determine the amount of any regular or special assessment and the due date and payment terms thereof. 5.4 Rate of Assessment. All assessments shall be levied against each.Lot based on the square footage of each lot. 5.5 Additional Assessments. Additional assessments may be fixed against any Lot only as provided for in this Declaration. Any such assessments shall be due as provided by the Board of Directors in.making any such assessment. -8- 5.6 Surplus__Recei2ts. Any surplus of receipts over expenses of the Association for any fiscal year shall be either applied to reduce the assessments necessary to meet the budget adopted by the Association for the next fiscal year or refunded by the Association to each Owner, and, the refund shall be prorated among the Owners (and former Owners), including the Declarant, based upon the portion of the previous fiscal year that each such Owner (or former Owner), including the Declarant, shall have held record title to the Lot, as determined by resolution of ti Board of Directors. 5.7 Effect of Non a e o Assess® ts• Remedies of the Association. Any assessnWflt not paid within thirty (30) days after the due date shal ear interest from the due date at the rate of TEN PERCENT 4J Q- } per annum, and shall be subject to a late �� charge of Twenty -Five Dollars ($25.00) for ever month past due. The Board of Directors shall have the right to declare the en ire balance of the annual assessment and accrued interest thereon to be immediately due and payable. In addition, the Owner shall be liable for all costs of collecting any such assessment, including reasonable attorney's fee and court costs. All such interest, late charges and costs of collection shall be deemed to be an additional assessment hereunder. The Association may bring an action at law against the Owner personally obligated to pay the same and/or, without waiving any other right, may foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the assessments provided herein' by non-use of the Common Area or abandonment of his Lot. 5.8 Subordination of the Lien to Mortgages. The lien for the assessments provided for herein shall be subordinate to the lien of any mortgage or deed of trust duly recorded prior to. the time a Claim of Lien is filed with the Clerk of Court of Carteret County. Sale or transfer of any Lot shall not affect the assessment lien. However, any contract purchaser of a Lot shall be entitled, on written request to the Association,to a statement in writing from the Association setting forth the amount of any unpaid assessments against the Owner of the Lot due the Association and such purchaser shall not be liable for, nor shall the Lot conveyed be subject to a lien for, any unpaid assessments made by the Association against the Lot in excess of the amount set forth in such statement. The sale or transfer of an Lot pursuant to foreclosure or any proceeding in lieu thereof, of a mortgage senior in priority to the assessment lien, shall extinguish the lien of such assessments as to the payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from any lien therefor. ARTICLE SIX MAINTENANCE BY OWNER The Owner of each Lot shall keep his Lot, and all improvements thereon, in good order and repair, including but not limited to, the seeding, watering and mowing of all lawns and yards, keeping all sidewalks neat, clean and in good repair, and free of ice and snow, the pruning and cutting of all trees and shrubbery and the painting (or other external care) of all buildings and Structures on the Lot, all in a manner and with such frequency as is consistent with good property management and maintenance. If, in the opinion of the Architectural Control Committee, any Owner fails to perform the duties imposed hereunder, the Association, on affirmative action of a majority of the Board of Directors, after fifteen (15) days written notice to- the Owner to remedy the condition in question, and upon failure of the Owner to remedy the condition, shall have the right (but not the obligation), through its agents and employees, to enter upon the Lot in question and to repair, maintain, repaint and restore the Lot and the improvements or Structures thereon and the cost thereof shall be a binding, personal obligation of such Owner, and an additional assessment upon the Lot in question. ARTICLE SEVEN ARCHITECTURAL REVIEW 7.1 All of the rights and powers (including discretionary rights and powers) reserved by or conferred upon Declarant by this Article Seven are invested initially in Declarant alone (including any successor or assign of C & D Partnership, LLC) to which it shall convey or otherwise transfer its right, title and interest to all or any part of the Property and in so doing expressly designates the transferee as "Declarant", but may be assigned or transferred by Declarant to the Architectural Committee. This right or assignment may be exercised by Declarant from time to time, and may be exercised in whole or in part, and may apply to all or any part of the Property, including any Lot. In any event, the rights and powers of Declarant under this Article Seven shall automatically terminate with respect to Declarant and vest in the Architectural Committee alone upon the earlier to occur of (a) ten (10) years from the date hereof or (b) when improvements have initially been constructed on all Lots and the Owners of all such Lots have been issued Certificates of Occupancy by Carteret County for the improvements I constructed on the Lots.- Whenever "Declarant or Architectural Committee" is used or referred to in this Article Seven, it shall apply to the Declarant alone until such time as Declarant shall transfer rights to the Architectural Committee and then shall apply to the Architectural Committee with respect to any such rights transferred to the Architectural Committee.. No Structure shall be commenced, erected or maintained on the Property (including any Lot), nor shall the exterior appearance (including the color thereof) of any Structure on the Property, be changed or altered from the original appearance thereof, nor shall the natural state of any area of the Property be disturbed or altered, nor shall any work be commenced or performed which may result in a change in the exterior appearance of any such Sri4-10 Structure, until plans and specifications showing the nature, kind, shape, dimensions,_ materials, floor plans, color scheme, location, exterior plans and details, paving plans and location, landscaping details and proposed topographical changes, together with estimated cost of said work and the proposed construction schedule therefore,, and together with a designation of the party or parties to perform the work, have been submitted to and approved in writing by Declarant (or Architectural Committee after the rights and powers with respect thereto have been transferred to it by Declarant as herein provided). In the event the Declarant (or the Architectural Committee) fails to approve or disapprove such design and location in writing. within sixty (60) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed .to have been fully complied with. 7.2 Committee Criteria. The Declarant (or Architectural Committee) shall consider such plans and specifications for approval upon the basis of, among other things, the harmony of external design and location in relation to surrounding Structures and topography, the nature and durability of the materials, quality of workmanship, choice of colors and materials, grade elevations and/or drainage, the ability of the party or parties designated by the Owner to complete the work proposed in accordance with the plans and specifications submitted, including, without limiting the foregoing, such factors as background, experience, skill, quality.. of workmanship, financial ability, etc. . . In reviewing the plans, the Declarant (or Architectural Committee) may also consider factors of public health and safety, the effect the proposed work will have on the use, enjoyment and value of surrounding properties, and/or the outlook or view of other neighboring properties and the suitability of the proposed improvements or alterations with the general aesthetic values of the surrounding area. 7.3 Disapproval of Plans. In any case where the Declarant (or Architectural Committee) shall disapprove the plans and specifications submitted hereunder, or shall approve the same only as modified or upon special conditions, such disapproval or qualified approval shall be accompanied by a statement in writing of the grounds upon which such action was based. In any such case, the Declarant (or Architectural Committee) shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal can be prepared and submitted for approval. However, the final decision of the Declarant (or Architectural. Committee) is final and binding. 7.4 Approval of Plans. The applicant shall submit for approval two (2) sets of plans and specifications. Upon approval by the Declarant (or Architectural Committee), one copy of such plans and specifications shall_ be retained by the Declarant (or Architectural Committee), and the other bearing the approval of Declarant (or Architectural Committee) in writing shall be returned to the applicant. 7.5 Non -approved Structures. If any structure shall be altered, erected, placed or maintained upon any part of the Property, including any Lot, or any new use commenced on any part of the Property.including any Lot, in violation of the provisions hereof, such Structure or new use shall be removed or discontinued, and such use shall be terminated so as to extinguish such violation. If within fifteen (15) days after notice from Declarant (or Architectural Committee) of such violation, the Owner of the Lot upon which such violation exists shall not have taken reasonable steps towards the removal or termination of the same, the Declarant (or the Association upon recommendation of the Architectural Committee) shall have the right to apply to a court of competent jurisdiction for an order directing the Owner to remove or discontinue such Structure or new use, and if the Owner. shall fail to do so, authorizing the Declarant or the Association, through its agents and employees, to enter upon the Lot and to take such steps as it deems necessary to extinguish such violation, and the cost thereof shall.. be a binding, personal obligation of the Owner of the Lot and an additional assessment upon the Lot. 7.5 Completion„of Construction. Upon completion of construction of any Structure in accordance with the provisions hereof, the Declarant (or Architectural Committee), upon request of the applicant shall issue a Certificate of Compliance in form suitable for recording with the Register of Deeds of Carteret County, identifying such Structure and the Lot (or other part of the Property) on which such Structure is placed, and stating that the Structure has been completed pursuant to the terms hereof. Preparation and recording of such Certificate shall be at the expense of the applicant. Any Certificate of Completion issued pursuant hereto shall be prima facie evidence of the facts therein stated, and as to any purchaser or encumbrancer in good faith, and for value, or as to any title insurer, such.Certificate shall be conclusive evidence that all Structures on the Lot (or other part of the Property) noted in such Certificate comply with the provisions hereof. 7.7 Examination Fee. The Declarant (or Architectural Committee) may charge and collect a reasonable fee for the examination of the plans and specifications submitted for approval. Such payment shall be made at the time such plans and specifications are submitted; provided that such charge shall not exceed the amount chargeable by the appropriate governmental authority for an application for and processing of building permits for Structures on the Lot with regard to which such plans and specifications are submitted. Such fee shall be retained by Declarant (or the Association for the Architectural Committee). 7.8 Committee Compensation. The members of the Architectural -12- Committee shall serve without compensation unless specifically approved by the Members. 7.9 Architectural Rules. The Declarant (or Architectural Committee), to the extent of its functions hereunder and the rights specifically provided herein, may adopt and promulgate reasonable rules and regulations regarding the administration, interpretation and enforcement of the provisions of this Declaration. 7.10 Conditional Approvals. In granting any permit, authorization, or approval, as herein provided, the Declarant (or Architectural Committee) may impose any appropriate conditions or limitations thereon as they shall deem advisable under the circumstances of each case. 7.11 Lot Restrictions. The following restrictions will apply to all Lots. These restrictions may be amended by Declarant at any time until it shall transfer all of its rights and powers under this Article Seven to the Architectural Committee. (This right of amendment is in addition to the right to amendment of this Declaration set forth in Article Nine below). Any amendment shall become effective when a written instrument setting forth the amendment is signed and recorded by Declarant (or the Architectural Committee) at the Register of Deeds of Carteret County. The restrictions are as follows: a. Subdivision. No Lot shall be split, divided, or subdivided for sale, resale, gift, transfer or otherwise after acquisition from Declarant. With respect to any Lots while owned by Declarant, Declarant expressly reserves the right to further subdivide or alter property lines as it may deem necessary and appropriate, subject to all applicable governmental laws, rules and regulations. b. No Poles. No facilities, including poles and wires for the transmission of electricity, telephone and the like shall be placed or maintained above the surface of the ground on any Lot. C. No Temporary Residences. No temporary building, trailer, garage, or building in the course of construction or other Structure shall be used, temporarily or permanently, as a residence of any Lot. d. Trash. No lumber, metals, bulk materials, refuse or trash shall be kept, stored, or allowed to accumulate on any Lot, except building materials during the course of construction of any approved Structure. During the course of construction of any approved Structure, all trash or other refuse resulting therefrom shall be removed daily. The Declarant (or Architectural Committee), in its sole discretion, may adopt and promulgate reasonable rules and regulations relating to size, shape, color, and type of trash or other refuse containers permitted and the -13- manner of storage of the same on the Property, provided that the same must be sanitary and animal -proof. If trash or other refuse is to be disposed of by being picked up and carried away on a regular and recurring basis, the containers therefore may be placed in the open on any day that pick-up is to be made, at such place on the Lot as to provide access to persons making such pick-up. At all other times such containers shall be stored in such a manner so that they cannot be seen from adjacent and surrounding property. e. Architectural Stvle; Buildincr Restrictions. i. Lots may only be used for the permitted and special uses within the underlying zoning districts for such Lots as established from time to time by the Town of Morehead city. ii . The principal structure on the Property must have at least 3,000 heated square feet. iii. Each Lot is subject to a front set back of fifteen (15) feet, rear set back of fifteen (15) feet and side set back of seven (7) feet. Any corner lot shall be subject to a fifteen (15) foot setback requirement on both street frontages. iv. No flat roofs on'one story buildings will be permitted on the Property. All one story buildings must have a roof pitch of 5/12 or more. - V. Only dimensional shingles, wood shingles, tile, slate, or pleated metal (or other materials with similar appearance approved by the Declarant, or subsequently the owners association) will be permitted on roofs for structures on the Property, except that on buildings of 2 or more stories in height with flat roofs, membrane or built up roofs will be permitted. vi. No metal buildings will be permitted on the Property. vii. No buildings or structures using exposed concrete or cinder block on the exterior will be permitted on the Property. viii. No exterior sidings installed in panels, including plywood, hardboard, synthetic, or metal, will be permitted for use on the Property. ix. All driveways and parking lots are to be paved with concrete, asphalt, brick, or other solid surface material approved by the Declarant, or subsequently the owners association, by the time the principal building on the -14- Property is completed. X. No elevated tanks of any kind will be permitted on the exterior of any structure on the Property. xi. No shallow wells will be permitted on the Property. f. Fences. There shall be no fence in the front of any Lot. With the respect to the back of any Lot, a privacy fence which shall be a minimum of six (6) feet tall shall be built across the back of every Lot to serve as a buffer and screen between the development and adjacent property. Said fence shall be constructed of salt treated lumber or an equivalent approved by the Declarant (or Architectural Committee) and said fence shall be double sided. Design of said fence shall be .approved by the Declarant (or Architectural Committee) pursuant to Article 7 of the Covenants. During such time as construction of a structure is underway, Owner may temporarily, maintain a chain link or wire fence to enclose building materials and equipment located on the Lot for such time period as reasonably necessary to complete such construction. Declarant (or Architectural Committee) reserves the right to designate the location of such fenced area which shall be in the area detracting the least from the appearance of the Property as'a whole while still being reasonably accessible to Owner for its intended purposes. After the completion of such construction or the necessity for securing building materials or equipment within such fenced are, the fence shall promptly be removed by Owner. g. ' Animals. No animals will be kept or penned outside of any Lot on the Property. This restriction shall not prohibit the walking of pets on the Property and shall not restrict within any Structure on a Lot, the housing of house pets and typical animals treated in a small animal clinic. h. No Offensive Activity. No obnoxious or offensive trade or activity shall be carried on or upon the Lot nor shall anything.be done thereon which may be or become an annoyance or nuisance to adjoining Lot Owners. i. No Pollution. No Lot shall be so used as to cause any' pollution to streams or ponds on or adjacent to said Lots or to any adjoining property's water supplies which is in violation of any Federal, State, or Local Statute, rule or regulation. No Lots shall be used or maintained as to cause any erosion of soil or sediment into such streams, ponds or water supplies. During the grading and construction of any improvements upon any Lot, adequate arrangements shall be made to insure that no erosion of soil or sediment into such streams, ponds or water supplies. j. Lighting. No exterior lighting on any Lots shall be directed outward from the boundaries of the Lot; and, mercury lights may not be used for any such exterior lighting. -15- k. Construction. Any new Structure to be constructed upon any Lot must be substantially completed within twelve (12) months from the commencement of construction thereof. 1. Signs. In addition to the regulations of signs enacted by the Town of Morehead City, prior to the erection of any sign on any Lot within the Morehead Professional Park, the design of said sign shall be submitted to the Declarant (or Architectural Committee). for approval. No sign shall exceed sixty-four (64) square feet in surface area. M. Drainage. - All Lots shall be graded so that all storm water drains from the rear of each Lot to the front of said Lot into the curb and gutter fronting that Lot or if a lot abuts a drainage ditch the lot may be graded so that all storm water drains in the drainage ditch., 7.11 Interpretations and Exculpation of Liability. Declarant (or the Architectural Committee) will be the interpreter of the provisions of this Declaration with respect to all matters involving aesthetics. Its decisions in such matters shall be final if consistent with the intent of this Declaration. In any and all events, neither Declarant or the Architectural Committee will be liable for any decisions, action or inaction taken pursuant to this Article Seven, including, but not limited to any matters concerning aesthetics and/or the administration, interpretation, application and enforcement of the provisions of this Article Seven. ARTICLE }SIGHT RULES AND RESTRICTIONS 8.1 Rules. In order to assure the peaceful and orderly use and enjoyment of the Property, the Board of Directors may from time to time adopt, modify and revoke in whole or in part, such reasonable. rules and regulations, to -apply equally to all similarly situated Lots and Owners, governing the conduct of persons on -or use of a Lot and the Common Areas, as the Association may deems necessary. All such rules shall be binding upon all Owners, occupants and visitors to the Property. The Association may impose a fine, suspend voting or infringe upon any other rights of an Owner or other occupant for violation of the rules upon compliance with applicable law, if any, and this Declaration. 8.2 Rental Restrictions. Every lease or rental agreement for a Lot and the improvements thereon shall provide that the tenant under the lease shall be subject to and shall comply with the provisions of this Declaration, the By -Laws and Rules and Regulations of the Association, as the same may be amended from time to time. ARTICLE NINE ANNEXATION 9.1 Additional Propert . Additional Lots and/or Common Areas may be annexed to the Property with the consent of two-thirds (2/3) EM, of each class of Members. 9.2 Annexation bV Declarant. Additional land within the area described in Exhibit B attached hereto and made a part hereof may be annexed to the Property and made additional Lots and/or Common Areas of the Property by Declarant without the consent of other members from time to time within Ten (10) years of the date that this Declaration is recorded in the Office of the Register of Deeds of Carteret County. However, Declarant shall be under no obligation, express or implied, to annex such additional lands and, by its execution of this Declaration, has in no way restricted the future use of such additional property. No Owner shall be deemed to have any rights, express or implied, to enforce a restriction in use of the additional property described in Exhibit B, expressly or impliedly, except upon such additional property being formally annexed in accordance with the terms of this Declaration. 9.3 Recording. Any annexation made to the Property pursuant to Paragraph 9.1 above, shall be done and become effective upon recording of an amendment to this Declaration by the Association in the Office of the Register of Deeds of Carteret County, specifying the additional land to be annexed to the Property; and any annexation made to the Property hereunder pursuant to Paragraph 9.2 above shall become effective upon the recording of an Amendment to this Declaration by Declarant in the Office of the Register of Deeds of Carteret County, specifying the additional land to be annexed to the Property. ARTICLE TEN PARTY WALLS 10.1 General Rules of Law to Apply. Each wall which is built as a part of the original construction of the Structure upon the Lots and placed on the dividing line between the Lots shall constitute a party wall, and to the extent not .inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 10.2 Sharing and Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. 10.3 Destruction by Fire or Other_ Casu_altY. If a party is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owner thereafter makes use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use, without prejudice,' however, to the right of any other. Owners who call for a larger contribution from the others under any rule of law regarding liability for negligent or wilful acts or omission. 10.4 Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or wilful act causes the party wall to be exposed to the elements shall bear the whole -17- cost of furnishing the necessary protection against such elements. 10.5 Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. ARTICLE ELEVEN FORCE MAJEURE Whenever herein a time period is provided for the Declarant to do or perform, or within which the Declarant may do or perform any act or thing, including but not limited to, the time of the "Development Period" as defined hereinabove, in the event the Declarant is delayed or hindered in or prevented from doing or performing such act or thing by reason of strikes, labor troubles, inability to procure labor or materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, acts of God, fire, or other casualty or reason of a similar or dissimilar nature beyond the reasonable control of the Declarant, then performance of such act or thing shall be excused for the period of the delay and the period for the performance of such act or thing shall be extended for a period equivalent to the period of such delay. In no event shall the extensions of time permitted herein extend beyond twenty (20) years from the date of recordation of this Declaration with the Register of Deeds of Carteret County. ARTICLE TWELVE STORM WATER PERMIT 12.1 PERMIT. The following covenants are intended to insure ongoing compliance with state storm water management permit number issued by the North Carolina Department of Environment and Natural Resources, Division of Water Quality ("DENR"). The covenants set forth in this article may not 'be changed or deleted without the consent of the State of North Carolina. (a) The following is a chart which establishes the maximum impervious area for each Lot. No more than the square feet set forth for each Lot on such chart Lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar materials but do not include wood decking. Lot No. Maximum Square Feet of Impervious Area 2 3 -18- 4 5 C1 7 a Ku,00Fr- PLOT. "OT 11 9 51f*4-(. A&C nlf tuina To IRA) ry A&e~ Paco 3 . T)W 10 L'xcePTl �h) 1}X4UUW--- WWL40 11 e�TTo AUL" UPTO 214 3f5°I 2 SF OF LAlup, W144Gl4 MAY 13 O XMfe U 10-J S C.0Vq"0"6 14 TO Sl}te� FGO W IVtb TIfC VObIL"10-C oAu -rtK 15 00f.Z1�- 5IIsEe Of- Cj LOI 16 (b) These covenants in this Article 12 pertaining to stormwater regulations cannot be changed or deleted without the concurrence of the State of North Carolina; (c) No alteration of the drainage shown on the approved plan can be made without the concurrence of the State of North Carolina; (d). All runoff from all impervious areas of the lots and future development must be directed into the permitted stormwater management Facility. ������ (e) . RONOFr- r-40M, I..OTs 8 ANn t��b w 9 AJLe OisPa jN PONDS. Z. AMC 3 , LDS S1MLLFS6 M'SI6AJdO TO p"4j )D(; Tgd' 12.2 COMPLIANCE WITH STORM WATER PERMIT. At such time as SjVT-b7UA,CYY the Declarants have conveyed twelve (12) Lots in the Subdivision, t*AlM iq64� or, June 1, 2007, whichever is earlier, the Association shall AS 101'j) DW jol:i assume responsibility for maintaining compliance with storm water AlpI k eo `x h i s shad nr,1Ude� �} 1 I , w+ 4-- permit numbed, , ham. !� D vas ens o c- prbpce )� eN-e- � NAma- bw►UMzO,f 12.3 AMENDMENTS. eclar nts resery the right to ame C14A W this declaration or any supplement hereto, to keep the Subdivision "Llesi and each Lot therein in compliance with state storm water regulations. such amendments may include additional restrictions ,. � Jki�,a .. _ t r', J� :`:. .:L:. ..i rt !*-,` ,,i !••r's.i`y Y rs�.r2 b:�r ., •L. ` �• .,'s r. r.'1. � � r' �L � r .� -'. ...'1 .. . ,+'! tip. t !� ,•S ��• ,, r}' .{�:�',Sr f„, y .5 . .A �'d`�•.}a� ! ,•i ' a. St , �.\1, r .a, r '! f I e -19- and easements. Therefore, notwithstanding any provision to the contrary in this declaration, Declarants shall have the absolute right, in its sole discretion, to amend this declaration to include any and all such restrictions and or easements required by DENR as a part of its approval of the storm water plan for the Subdivision. Any such amendment shall become operative and binding upon all owners, and their properties when set forth in an amendment .or supplement to this Declaration and recorded,in the Office of the Register of Deeds of Carteret County, North Carolina. The Association shall have the obligation and responsibility of thereafter enforcing this Declaration as amended in accordance with such additional restrictions and storm water plans. 12.4 ENFORCEMENT. The State of North Carolina through DENR or its successor, is given specific authority to enforce this Declaration to the extent necessary to cause compliance with impervious surface limitations imposed by the North Carolina Coastal Storm Water Regulations. The remedies available to the State of North Carolina include, without limitation, the remedy of specific performance. ARTICLE THIRTEEN GENERAL PROVISIONS 13.1 Enforcement. The Declarant, the Association, or any Owner, shall have the right to enforce, by any proceeding at law or in -equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant, the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so - 20 - thereafter. 13.2 Variances. Declarant and later, the Association, have the right to grant variances from the terms of this Declaration upon a specific finding that the variance will not harm the appearance of the Property and will not be harmful to Lot values within the Property. 13.3 Severabilit . Invalidation of any one of these covenants or restrictions by judgment or court order shall in noway affect any other provisions which shall remain in full force and effect. 13.4 Amendment. a. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of Ten (10) years. Subject to sub(b) below, this Declaration may be amended by instrument signed by no less than seventy-five percent (75%) of each class of Members who are entitled to vote at a meeting of Members. Any amendment must be recorded. b. Until the conclusion of the Development Period of the Property, no amendment may alter or affect any rights granted hereunder to the Declarant, without the prior written consent of the Declarant. Notwithstanding the foregoing, no amendment affecting assessments, any property right, the right of any owner to have, use or enjoy any easement or to use and enjoy the Common Area, or the vested right of any party secured by a mortgage or deed of trust shall be valid or of any effect unless such amendment has been approved in writing by such party having such right or interest. -21- 13.5 Notices. All notices required or provided for in this Declaration shall be in writing and hand delivered or sent by United States mail. If hand delivered, the notices shall be sent to the addresses shown below and shall be deemed to have been given on the date hand delivered to the address of the party to whom the Notice is sent. If United States mails are used, the notices shall be sent to the addresses shown below, certified or registered mail, return receipt requested, postage prepaid, and shall be deemed to have been given on the date deposited in the United States mails. Notice shall be addressed as follows: To Declarant: C & D PARTNERSHIP, LLC 205 North 35th Street Morehead City, NC 28557 with copy to: Kirkman & Whitford, P.A. P.O. Drawer 1347 Morehead City, NC 28557 To the Association:.To the Registered Agent of the Association at his/her address as listed with the Secretary of State of North Carolina. To Owner/Members: To the last known address of Owner/Member as shown on the records of the Association at the time of such mailing, and if there is no such address, then to the Lot of such Owner/Member. Any person shall the right to designate a different address for the receipt of notices other than set forth above, provided the person's new address is contained in a written notice given to the Declarant during the Development.Period and to the Association. 13.6 Right of Entry. Violation or breach of any provision herein contained shall give Declarant or the Association, to the extent that any of them may have a right of enforcement thereover, -22- their respective agents, legal representatives, heirs, successors and assigns, in addition to all other remedies, the right (but not the obligation), after five (5) days notice to the Owner of the Lot, to apply to a court of competent jurisdiction for an order granting the Declarant or the Association the right to enter upon the Lot or the land as to which such violation or breach exists, and to abate and remove, at the expense of the Owner thereof, any Structure or condition that may be or exists thereon contrary to the intent and meaning of the provisions hereof; and the said parties 'shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal, except that if any agent of Declarant or the Association shall be responsible for actually committing a trespass by behavior going beyond the intent of the authority conferred by this Section, in such event neither Declarant nor the Association shall be responsible for the unauthorized acts of such agent (s). Nothing herein contained shall be deemed to affect or limit the rights of Owners of the Lots when entitled to do so, to enforce the covenants by appropriate juridical proceedings. 13.7 No Reverter or Condition Subsequent. No provision herein is intended to be, or shall be construed as, a condition subsequent or as creating a possibility of reverter. 13.8 Remedies. Damages may not be deemed adequate compensation for any breach or violation for any provision hereof, so that any person or entity entitled to enforce any provision hereof shall be entitled to relief by way of injunction, preliminary or final, as well as any other available relief either at law or in equity. -23- 13.9 Headings. The headings or titles herein are for convenience of reference only and shall not affect the meaning or interpretation of the contents of this Declaration. ARTICLE FOURTEEN MASTER ASSOCIATION 14.1 Formation. The developer of property adjacent to Morehead Professional Park has formed a North Carolina non-profit corporation called Madisen Park (Master Association) for maintaining and administering certain common areas which will be shared by the lot owners in Morehead Professional Park along with the unit owners in Madisen Townes Condominiums and Madisen Court Condominiums. A Declaration of Covenants, Conditions, and Restrictions for Madisen Parke (Master Association) has been recorded in Book 866, Page 606 Carteret County Registry and as amended. 14.2 Membership. The Master Association consists of all of owners of Madisen Townes Condominium units, Madisen Court Condominium units and all lots in Morehead Professional Park 14.3 Assessments. The Board of Directors of the Master Association shall have the authority to levy assessments against the Units for common expenses of the Master Association. Such assessment shall become a lien on the lots against which they are assessed, and if any payment thereof become delinquent, the lien may be foreclosed and the lot sold, or a money judgment obtained against the persons liable therefor, all as set forth in the Declaration of the Master Association. The cost of maintaining the Master Association common areas will be assessed uniformly against all residential units (Madisen Townes Condominiums and Madisen -24- Court Condominiums). The cost of maintaining amenities will be assessed against each lot owner in Morehead Professional Park based on the total square footage of each lot owned. IN WITNESS WHEREOF, the undersigned, being the members of the Declarant herein, have hereunder set their hand and seal, the day and year first above written. C & D Partnership, LLC By: - -- (SEAL) RICHARD C. FLOWERS, Member By: _ _ (SEAL) DEAN WORTHINGTON, Member -25- STATE OF NORTH CAROLINA COUNTY OF CARTERET I, , notary public of the State and County aforesaid, certify that RICHARD C. FLOWERS, Member of C & D PARTNERSHIP, LLC, personally appeared before me and acknowledged his execution of the foregoing Declaration for the purposes therein contained. This the day of 2003. (Notary Seal) Notary Public My commission expires: STATE OF NORTH CAROLINA COUNTY OF CARTERET I, , notary public of the State and County aforesaid, certify that DEAN WORTHINGTON, Member of C & D PARTNERSHIP, LLC, personally appeared before me and acknowledged his execution of the foregoing Declaration for the purposes therein contained. This the day of (Notary Seal) Notary Public My commission expires: , 2003. -26- EXHIBIT A [Property] BEGINNING at a point, said point being John E. Platt, Jr. Is southwest corner as described in the deed into Grantor from Walter Baxter Powell recorded in Deed Book 792, Page 896 Carteret County Registry, said point also being know as the southwest corner of n/f Steve and Sallie Smith as shown orn that "Rezoning Plat for Madisen Parke" by Powell Surveying dated July 20, 2001, revised October 2, 2002, December 27, 2002, January 13, 2003 and January 22, 2003. From said point of beginning run thence N 85 59 30 W 114.79 ft. to a point, run thence N 05 03 45 E 86.90 ft. to a point; run thence N 82 27 29 W 52.04 ft. 'to a point; run thence N 05 03 01 E 41.63 ft. to a point; run thence N 19 56 20 E 30.94 ft. to a point; run thence N 01 15 22 W 128.04 ft to a point; run thence S 84 52 27 W 43.75 ft. to a point; run thence N 73 56 51 W 134.85 ft. to a point; run thence S 19 00 41 W 15.11 ft. to a point; N 72 47 12 W 60.29 ft. to a point; run thence N 81 06 32 W 50.20 ft. to a point in the northeast corner of Madisen Townes Condominiums as shown in Map Book 105, Page 30, Carteret County Registry; run thence the following courses and distances along the property line of Madisen Townes Condominiums as shown in the above -referenced map: 1) N 72 18 56 W 33.59 ft. to a point; 2) N 68 58 21 W 30.00 ft.. to a point; 3) N 70 55 37 W 21.28 ft. to a point; 4) N 72 52 52 W 44.89 ft. to a point; 5) N 76 15 25 W 48.52 feet to a point; 6) N 79 37 57 W 54.76 feet to a point; and 7) S'22 35 25 W 170.13 ft., to a point; run thence N 09 36 30 E 1066.35 ft. to a point; run thence N 89 27 27 E 20.25 ft. to a point; run thence S 05 06 35 W 5.0 ft. to a point; run thence N 89 27 27 E 149.30 ft to a point; run thence N 89 27 27 E 132.33 ft to a point; run thence N 03 38 45 E 5.01 ft. to a point; run thence N 89 27 55 E 102.16 ft. to a point; run thence N 89 27 35 E 50.13 ft., to a point; run thence N 89 27 34 E 311.23 feet to a point; run thence S 09 36 30 W 679.39 feet to a point in the northern right of way line of John Platt Drive; run thence S 09 36 30 W 60.0 ft. to a point in the southern right of way line of John Platt Drive; run thence S 09 36 30 W 587.97 feet to the POINT AND PLACE OF BEGINNING, and being 18.11 acres more or less as is shown on the above referenced Powell Survey. Excepted from the above -referenced property are the right of ways of Penny Lane and John Platt Drive to the extent said roads are platted and dedicated. K -27- EXHIBIT B [Additional Property] Being lots 3, 4, and 5 of Professional Park North as shown of that plat recorded in Map Book 29, -Page 217 Carteret County Registry entitled "Final :Plat of Professional Park North" by Powell Surveying, P.A. Also that parcel of land located within the extension of the northern and southern rights of way Galantis Drive and is immediately to the north of lot 5 Professional Park North that is approximately 60, x 150, as is shown on that plat recorded in Map Book 29, Book 217, Carteret County Registry entitled "Street Dedication Removal and Relocation Survey for Cagaan, Inc. - Part of Galantis Drive" by Powell Surveying, P.A. V) cu U it O En Qj as U C ^- Z 0 ca O OO � _� cW � O aj w CL ►ED 4 M a 0 U Q �l MM® 11 P. I ' a COMMUNICATION RESULT REPORT ( AUG.26.203 12 I9FM )TTI RESULT —OPTION _ ADDRESS (GROUP) -ILE MODE — — —-------------------------------------------------------OK --------------- — — $—E5E7265814 )56 MEMORY TX NCDENR WIRO PAGE _ ----------------- -----REr�50N—FOR ERROR `----------- E—R) BUSY E-1) HANG OF OR LINE FAIL E-4) NO FACSIMILE CONNECTI . E—L) NO ANSWER State of North Carolina Department of Environment and Natural Resources Wilmington Regional Offee Michael F. Easley, Governor William G. Roos Jr., Secretary FAX Cave SHEET Date: —26- C23 No. Of Pages: .� -To: From:. _,Lj� �z LP.W115 .Co.. CO.. r FAX #: 2.5 ZCo -SDI ¢_ FAX#: 910-350-2004 MA S: 127 Cardlpal Drive Extenslaa, Wllmingtnn, N.C. 20404R,19 Telaptwne ('910) 39549011 fox (914) 360-2604 All Equal oppartmolty A{tlrMadva Action Employer FILE —MODE ---,------ 879 MEMORY TX * * COMMUNICATION RESULT REPORT ( AUG.19.2003 11:35AM ) OPTION TTI ---------------- ------ADDRESS—(GROUP)---------------------- - RESULT e2527265814 — OK P. 1 NCDENR WIRO PAGE ---------- P. 3/3 ------ EASON--------------------------------------------------------------- __--- --- --_ --- --- — REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3 ) 110 ANSWER E-2 ) BUSY E-4) NO FACSIMILE CONNECTION State of North Camiina Department ofTnvira=ent and Natural Resources Wilmington Regional Office Michael R Easley, Govemor William G. ,bass Jr,, Secretary FAX COVER SHEET Date: r- c?-Zo(3 No. Of pages: —3 To: C. F(OWer-S From: Line L e,w I's C6 C Ek D. - per r 19 CO: FAX #: -'7ZCo— 5514- FA,X#: 910-356-20 4 liEMARKS: _ 117 Cardtnnt Drive Extonvbn, Wllmfneton, N.C. 28405-3M Tolepbopo (910) 395-3900 Pill (910) 304404 An Equal Opportgalry Atitrmailve Action Employer Q U h n En 43 C. O CA cd [a : U w Y LQ O �z 0 cl U O nWE 0 ti a� co A � 0 V] co W co U fs, �I -C O a Y OF �NATFy Michael F. Easley, Governor `a p William G. Ross Jr. Secretary North Carolina Department of Environment and Natural resources Cl Alan W. Klimek, P.E.,Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality August 19, 2003 Mr. Richard C. Flowers, Member/Manager C & D Partnership, LLC 209 N. 35th Street Morehead City, NC 28557 Subject: REQUEST FOR ADDITIONAL INFORMATION Morehead Professional Park Stormwater Project No. SW8 971034 Modification Carteret County Dear Mr. Flowers: The Wilmington Regional Office received the previously requested information for the subject project on July 10, 2003. A review of the information has determined that the application is not complete. Please submit the following items in order to continue the review: The supplement for Pond 2 shows a drainage area of 12.25 acres, an impervious area of 7,35 acres, and an SA/DA ratio of 2.9%, while the revised calculations show a drainage area of 10.7 acres, an impervious area of 7.6 acres, and an SA/DA ratio of 3.46%. Apparently, the supplement did not get revised when the pond did. Please correct the supplement to reflect the new proposed condition. 2. The built -upon area breakdown for Pond 3 indicates an off -site BUA of 195,818 ft2, but the total has not been provided. Is 195,818 supposed to be the total BUA, or the offsite BUA? 3. Please provide the new volume and drawdown calculations for Pond _2 to account for the increased built -upon area. 4. Please reference the bottom elevation of Ponds 2 and 4 on the outlet control structure section view detail on sheet 8 of 8, or reference the pond geometry details on sheet 7 of 8 for the bottom elevations. Without a reference elevation, the dimensions are meaningless. 5. If you give me permission, I can make the necessary changes to the forms to save the time of mailing, or you can fax or email the revised forms, since no signatures are needed. You will need to submit two copies of the revised detail sheet. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service AM Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NCDENR k4r. Flowers Atigust 19, 2003 Stormwater Application No. SW8 971034 Mod. Upon receipt of these items, a permit can be issued. You may copy this letter for the Planning Board meeting tonight, to indicate that I do not anticipate any major problems as far as getting the stormwater permit is concerned. Sincerely, 41�� Linda Lewis Environmental Engineer RSSlarl: S:1WQSlSTORMWATIADDINF0120031971034.aug03 Cc: Kevin Kuhn, P.E., Stroud Engineering, via email Sheryl Stephens, via email Linda Staab, Town of Morehead City, via email 2 REPORT ( AUG.7 TTI i*1CD1~� 4�IRO' OATO T PRGET_ GO�}UNi RESULR.ESUt-T —R Y3/5 AVDPE55 i GROG J OK dPTIOM_ _ � 25224140135 tEl tOR`�~ Tx �E-Q7OFRCr �5� I1I1 E COI�NEOTOf� __ NANf�S�iER LICE EATL SON FL G I^ 0o . State of North Carolinit Department of Environment and Natml Resources Wilmington Regional Office Michael F. Easlay, Governor William G, Ross Jr., Secretary } FAX COVER SHEET i '�/034- 4 Tate: No. Of Wages: ,. To: Kev From, L r` Co.%� %�(�.y� fu, jh . 5 o. l `r I e Co! `� e t FAX #: 257,- 40qor FAX#: 210-35Q-2Q04 3 REMARKS: 127 Cardinal of ive ExtrWan, W111nington, N,C, 2$4U-3445 'Feiephoptt (910) 395.3904 PAT (010) 350.3004 Aa EpuQI Opportunity ARIrmativo Aetian Employar C/1 �1 0 En nU Ix al I � U az O O v v Z E 0od o a 0 Cb ry� H O V Q A E"0 a g w 2 Delivery Status Notification r Subject: Delivery Status Notification From: Mail Delivery Service <postmaster@ncmail.net> Date: Tue, 26 Aug 2003 12:04:18 -0400 To: Linda.Lewis@ncmail.net - These recipients of your message have been processed by the mail server: kkuhn@stroudengineer.com; Failed; 5.1.1 (bad destination mailbox address) Remote MTA mail.metanethosting.com: SMTP diagnostic: 550 - Requested action not taken: mailbox unavailable or not local. Reporting-MTA: dns; scc076.its.state.nc.us Received-from-MTA: dns; scc076.its.state.nc.us (127.0.0.1) Arrival -Date: Tue, 26 Aug 2003 12:04:17 -0400 Final -Recipient: rfc822; kkuhn@stroudengineer.com Action: Failed Status: 5.1.1 (bad destination mailbox address) Remote-MTA: dns; mail.metanethosting.com Diagnostic -Code: smtp; 550 Requested action not taken:'mailbox unavailable or not local Subject: 971034 Mod. From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Tue, 26,Aug 2003 12:04:16 -0400 To: "Kevin Kuhn, P.E." <kkuhn@stroudengineer.com> Kevin: As I was writing the draft permit for this project, I checked the listed proposed built -upon area per lot against what was accounted for in the calculations, and found two discrepancies. { For Pond 4, Lot 1 was accounted for at only 30,161, but the restrictions allow a maximum of 37,947. Please revise Pond-4 calculations to treat a total of 65,529 sf, or reduce the allowable maximum BUA on Lot 1 to 30,161 sf. 1 of 2 8/26/2003 12:18 PM Delivery Status Notification For Pond 2, the proposed BUA for Lots 2,3 and 4 is 87,126, and for Lots 5, 6 and 7 is 91,702 but the calculations only account for 79,411 sf and 91,673 sf. Please either revise the calcualtions for Pond 2 to account for 338,963 sf, or reduce the proposed BUA's on Lots 2, 3, 4, 5, 6 and 7 as needed to obtain the total BUA accounted for. The BUA per lot should include all. BUA within the property boundaries of that lot, including parking, buildings, sidewalk, access easement paving, etc. For lots that have access easements, do not include the amount of pavement within the easement in the road total- it should be part of the lot s maximum BUA allotment`:" Please submit this requested information as well as the information requested in my letter dated August 19, 2003, by close of business on Friday, August 29, 2003, to continue the review. Thanks, Linda 0 2 of 2 8/26/2003 12:18 PM •4--y r �- STROUD ENGINEERING, P.A. CONSULTING ENGINEERS HESTRON PLAZA TWO 151-A HWY.24 MOREHEAD CITY, NORTH CAROLINA 28557 (252) 247-7479 .iullC. 27. 2003 NCDNR DW,Q --- Stormwatcr Section 127 Cardinal Drive Extension Wiilllim,ton. NC 28405 A'fTM Linda I..ewis RF'. Request for Additional hil'Ormation Stormwatcr Proiecl No. SWK 971034 Mud. 1A40rcllcad Professional Park Carteret Comity }car P'is. Lewis. RECF,T_N'F_"`r_'k; PROJ # v �Q7103� Hoc Please use this correspondence as Our official response to N'Our Rcqucst IOr Additional Intilrnlalion fetter dated June 20, 2003. Please note that item 47 has been altered from the Icttel• dated .lone 26. 2003 that was faxed to you nil the same elate. 1. Richard C. blowers and Cass flowers arc the Sallie person. 'I'he application has been revised to show the OwncrlSignaturc nan1C as Richard Cass FlOWCI-S. In addition. su1Elur611�' CyidcrlcC from the Department of'I'hc Secretary ul' Stale is provided. ?. c U) Partnership. 1.1.0 is solely responsible foi- ponds 2. 3. and 4. Cagaan. Inc. will not he utilizing any nfthe Il()llds on this project now OI, in the Future, therCorC no oftsitc permit is required. SignCd supplements file Ponds 2 and d are included. �. You are correct ill your Observation about the project size decreasing and (gagman. Inc. retaining ownership of lots On brooks Street. Cagaan file. will be responsible f�lr Storillwatcr nil their remaining lots. 4. The plans have been remised to lahel ponds 2. 3. and d 5. The deed restrielions have heen mochl'icd to include the NamelOwncrship change i'urul. to hC suhinitted to the Division in conjunction with the HOA taking Over responsibility fi)r the ponds. r';. The pertinent parts ol-Pond 2 and 4 are included in [lie plans. 107 COMMERCE ST. SUITE B GREENVILLE, NC 27858 (252) 756-9352 102-D CINEMA DRIVE WILMINGTON, NC 28403 (910) 815-0775 HESTRON PLAZA TWO 151-A HWY. 24 MOREHEAD CITY, NC 26557 (252) 247-7479 . W! 7. We concur with your email rcaponse dated .lure 24. 2003 that 19.250 sroCiniperSms area from this project would he allowed to drain into the wetlands. based on the old hermit. The impervious lot cover for the project is 90%. Thereforc, (19,2501 0.9) 21.399 sfof undeveloped land could he designated to drain into the wetlands. All of 21 M sr would he allotted to Lot 11. The design of fond 3 has been changed to aCCollnt for all oC L,ot 10 and i..ot 11. We tyotild like to reserve the ability to drain some of Lot 1 I into the wetlands. not to exceed 19.250 sf of itnperyious. This will allow some flexibility for Be future design ofLot 11. The restrictive covenants have been modified to cypress this flexibility. 8. The drainage area for Pond 3 is constrained by the required size ol' Pond 3 to acconurnodatc all of the immediate area around fond 3. As such lots K and 9 are dcsi-hated as having split drainage patterns. Lot 9`s drainage area has been reconfigured to more evenly distribute the flow. 9. A discharge coeflident of(l.6 should have been used in this caleulation. 'fhc calculations and plans have been revised to sp cify a new orifice size. 1(). The application incorrectly states the design WWII as 7.23". 7.23" is the intensity of Be 1" design storm. The calcula ons are appropriate for the 1" design storm. Ile application has been revised to spedly the appropriate I" design storm. 1 C you have any questions or comments, please don't hesitate to cal I me. Sinccicly. Kevin L. Kuhn. P.1. ?e SEAL95 s NORTH CAROLINA Department of The Secretary of State To all whom these presents shall come, Greetings: I, ELAINE F. MARSIIALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF AMENDMENT OF D & C PARTNERSHIP, LLC WHICH CHANGED ITS NAME TO C & D PARTNERSHIP, LLC the original of which was filed in this office on the 17th day of January, 2003. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 17th day of January, 2003 Secretar), of State Document id: 230165002 State of North Carolina 23 016 5002 Department of the Secretary of State Limited Liability Company L AMENDMENT OF ARTICLES OF ORGANIZATION SOSID: 0659434 Date Filed: 1/17/2003 4:29:00 PM Elaine F. Marshall North Carolina Secretary of State Pursuant to §57C-2-22 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the following Articles of Amendment for the purpose of amending its Articles of Organization. The name of the limited liability company is: D & C Partnership, LLC. 2. The text of each amendment adopted is as follows (attach additional pages if necessary): Section I of the Articles of Organization is amended to read "the name of the limited liability company is C & D Partnership, LLC." 3. (Check either a or b, whichever is applicable) a. The amendment(s) was (were) duty adopted by the unanimous vote of the organizers of the limited liability company prior to the identification of initial members of the limited liability company, b. x The amendment(s) was (were) duly adopted by the unanimous vote of the members of the limited liability company or was (were) adopted as otherwise provided in the limited liability company's Articles of Organization or a written operating agreement. 4. These articles will be effective upon filing. This the 13th day of January, 2003. D Partnership, LLC Richard C. }:lowers, Member/Manager 971034 Subject: 971034 Date: Tue, 24 Jun 2003 16:02:43 -0400 From: Linda Lewis <Linda.Lewis@ncmail.net> Organization: NC DENR To: ron cullipher <rcuIII pher@stroudengineenconi> Ron: I had forgotton about the deal to allow some runoff to enter the wetland. Unfortunately, the permit does not specify anything about it, but the approved drainage area map does show a portion of the BUA (half of two buildings, access road, and boat storage) draining to the wetland. If this is to be allowed under the revised permit (and I am not required to allow it again), how would the permittee write the covenants for those lots to verify that the allotted BUA for each lot into the wetland was not exceeded? Additionally, the covenants will need to specify the maximum amount of built -upon area for Lot 10 and Lot 11 that is allowed to drain to the wetland, and the total maximum amount of built -upon area (from all sources, like a portion of the road) that will drain to the wetland. It appears that previously, approximately 43,251 sq. ft.of BUA was allowed to drain directly into the wetland. This included 24,000 sq. ft. of grassed boat storage area. Since the boat storage area was located on property that is no longer within the boundary of this project, Ms. Flowers cannot have that 24,000 sq. ft. Lots 10 and 11 will have to share a total allotment of 19,250 sq. ft. to drain to the wetland. Please specify in the covenants how this will be divided between the lots. Please revise the proposed covenants and restrictions to add a statement regarding the specific amount (whatever you decide) of Lots 10 and 11 which will drain to the wetland, and how much will drain to the pond. Linda I of I fl25I200 l 1:52 A-M OF WpMichael F. Easley, Governor ,0 p William G. Ross Jr., Secretary rnQ l"111 If 1 7 North Carolina Department of Environment and Natural Resources ` Alan W. Klimek, P.E.,Director j Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 20, 2003 Ms. Cass Flowers, Member/Manager C & D Partnership, LLC 209 N. 35th Street Morehead City, NC 28557 Subject: Request for Additional Information Stormwater Project No. SW8 971034 Mod_. Morehead Professional Park Carteret County Dear Ms. Flowers: The Wilmington Regional Office received a Stormwater Management Permit Application for Morehead Professional Park on April 28,- 2003. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: The application and supplement have been signed by Richard Flowers, but you are listed as the owner/signing official. Since Mr. Flowers is designated as a Member/Manager of the LLC, per the Secretary of State corporation database, please either revise the owner/signing official name to Richard Flowers, or sign the application and supplements yourself. 2. If C&D Partnership, LLC is now the responsible party, please provide signed supplements for Ponds 2 and 4: I am unable to use the 1997. originals, which were signed by Sunnie Baliou of Cagaan, Inc. If Cagaan, Inc., is still responsible for Ponds 2 and 4, the modified permit cannot be issued until Cagaan, Inc., submits a separate permit for those parts of the project that they will retain ownership of. If C&D Partnership is now responsible for all the ponds, Cagaan, Inc., will need to submit an offsite permit documenting the use of your ponds. 3. It appears that the project area has been reduced from what was previously permitted, and Cagaan, Inc., is retaining ownership of lots which border Brooks Street. Those lots were part of the originally permitted plans, and are subject to State Stormwater permitting requirements. Cagaan, Inc., must submit an application to cover those lots prior to selling or developing them. 4. Please label each pond on the plan with its associated number, corresponding to the drainage area on the application, 2, 3 or 4. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer ServiceA Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NCJENi Ms. Flowers 'mot June 20, 2003 Stormwater Application No. SW8 971034 Modification 5. The deed restrictions and covenants require that the Association take over compliance with the permit upon the sale of the 12th lot, or June 1, 2007, however, they do not mention that a Name/Ownership change form must be submitted to the Division to transfer the permit. The HOA must sign the Name/Ownership change form and an Operation and Maintenance plan (the wet detention supplement). Simply requiring the HOA to take it over via the covenants or deeding over the common area is not enough to satisfy the permit conditions to transfer the permit. It is in your best interest to construct and maintain the pond in a manner consistent with the permit to avoid problems at the time the HOA takes over the permit responsibility. 6. Because Ponds 2 and 4 are still part of this project, and the old plans will be replaced by the new ones, all of the information regarding Ponds 2 and 4 from the previously approved plans such as the pond section detail, and outlet structure detail, will need to be added to the revised plans. 7. Portions of Lots 10 and 11 are outside of the delineated drainage area for Pond 3 (the new pond), and are not treated at all. Please either include all of Lots 10 and 11 in the drainage area of Pond 3, or stipulate in the deed restrictions that the future owners of these 2 lots must provide separate stormwater facilities for the parts of their project that are outside of the drainage area. If the site area and built -upon area of Lots 10 and 11 are fully accounted for, the surface area of Pond 3 is deficient. 8. The future owners of Lots 8 and 9 will be challenged to make their project fit within the split drainage areas on these lots. It would be much easier if Lots 8 and 9 were either wholly within or outside of either drainage area. 9. Please check the orifice calculation for the proposed Pond 3, and provide documentation to support the use of a 0.9 discharge coefficient. The range of discharge coefficients for circular and square orifices with full con- traction ranges from a high of .655 to a low of .590. A value of 0.60 is generally accepted practice. The 1" orifice specified is too small. 10. The supplement for Pond 3 indicates that the design storm is 7.23", but the calculations use only the 1" design storm. If you have provided storage for the runoff associated with 7.23" of rain, please revise the calculations accordingly. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to close of business, Thursday, June 26, 2003, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. 0 / �► Ms. Flowers June 20, 2003 Stormwater Application No. SW8 971034 Modification The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143- 215.1 and is subject to enforcement action.pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Z'ld Linda Lewis Environmental Engineer RSSlarl: S:IWQSISTORMWATIADDINFO120031971034.jun03 cc: Kevin Kuhn, P.E., Stroud Engineering Cagaan, Inc. Linda Lewis 3 t State of .North Carolina UcpartmInt of Environment and Natural Resources Wilmington Regional Office Division of Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross Jr., Secretary NCDENR NORTH GROUN. DEPARTMENT OF Ew ROAMENT AND NATURAL. RESOURCE$ June 18, 2003 L NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT CERTIFIED MAIL P7002 2410 0006 9367 4407 RETURN RECEIPT REQUESTED C & D Partnership LLC. Ms. Cass Flowers, Member/Ma6ager 209 N. 35" Street Morehead City NC 28557 Project Name: Morehead Professional Park (formerly Madisen Parke) Project No: 971013CA Carteret County Dear Ms. Flowers: On June 17, 2003, personnel of this office inspected a project located at the current end of Penny Lane in Morehead City in Carteret County, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of approximately 18 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the Act, NCGS 1 13A-50 to 66, and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the following violations, please notify this office immediately. The violations that were found are: 1. Failure to conduct a land -disturbing activity in accordance. with the provisions of an approved erosion and sedimentation control plan. G.S. 113A-61 .1. Although the stormwater detention pond has been excavated, its control outlet and collection system are not installed; therefore, it is not functioning as a sediment storage device. This was a stipulation of the Letter of Apprival's approval condition #7. The erosion and sedimentation control plan approved by this office on May 7, 2003 must be immediately implemented on the site sufficient to restrain off -site sedimentation, or if that plan can no longer address the field conditions, submit to this office a revised plan that addresses current erosion and sediment control needs. 2. Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land - disturbing activity within the boundaries of the tract during construction upon and development of the tract. G.S. 113A-57(3). The silt fences placed along the wetlands have failed and have allowed off -site sediment to reach the wetlands and Calico Creek. 127 Cardinal Drive Extension, Wilmington, N.C. 28405.3845 Telephone 910.395.3900 Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Ms. Cass Flowers June 18, 2003 Page Two 3. Failure to take all reasonable measures to protect all public and private property from damage by such land -disturbing activities. 15A NCAC 46.0005. Silt fence is not an appropriate erosion. control measure under concentrated flow conditions. The developer has not responded to the failure of the silt fence. 4. Failure to maintain satisfactorily all temporary and permanent erosion and sedimentation control measures and facilities during the development of a site. 15 NCAC 413.0013. The stormwater detention pond has not been utilized as a sediment containment structure. The perimeter silt fence has failed and nothing has been done to address that failure. To correct these violations, you must: 1. Revise the erosion and sediment control plan to provide sediment storage for an 18 acre land disturbance. 2. Redirect all stormwater runoff through the necessary sediment storage measures. 3. Repair all appropriate erosion and sediment control measures; replace any inappropriate erosion and sediment control measures with appropriate measures. The initial one day civil penalty could be an assessment of up to $5,000.00. A time period for compliance is not required for this initial one day civil penalty pursuant to NCGS 113A-61 .1 (c) and NCGS 113A-64(a)(1 ). An initial one day civil penalty is being considered for this project. If the violations described in this Notice are not corrected within 15 days following your receipt of this Notice, additional, the Division of Land Resources may take additional appropriate legal action against you pursuant to NCGS 1 13A-64. That action could be the assessment of additional civil penalties and may result in the initiation of other remedies as prescribed by the. Act. If additional civil penalties are assessed for the violations, the amount may be up to $5,000.00 per day for each day of the violation pursuant to NCGS 133A- 64(a)(1). If all violations are corrected within the time period specified for compliance,no further daily civil penalties beyond the initial penalty noted in the previous paragraph or penalties or legal remedies will not be pursued. Any new land -disturbing activity associated with this project should not begin until the area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should notify this office so that the work can be inspected. You should not assume that the site is in compliance with the Act until we have so notified you. In addition, once compliance has been achieved, all installed measures must be satisfactorily maintained until development is complete and the site is fully stabilized to avoid further violations of the Act. We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time, it is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this Notice or the requirements of the Act, please contact either Trentt James or me at your earliest convenience. Ms. Cass Flowers June 18,' 2003 Page Three Please do not hesitate to contact me regarding any questions you might have about this matter. Sincerely, Daniel Sams, P.E., M.E. Regional Engineer DESllbfr cc: Sedimentation Specialist WiRO-LOS OWO Supervisor-WiRO Enclosure: Inspection Report NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION. -127 Cardinal Drive, Exir., Wilmingto>i, NC 28405-3645 (910) 395-3900 s County --- C,A : e � l Project: M or dh V" `C River Basin XAN. 4 e Oa le - Person Financially Responsible:_ Cl lD P RiZT062S �4, ? ( Z57-- 72LS.371,83 — Project # Address: C c4s5 FL*LjsoL% 20y N 5T4 S'rrtEET I MoRE►1GAD C-tT 1. Project Location eA J Pey%n4 LawC ft Pictures: No Cl Yes ❑ Prints ❑ Slides ❑ Digital ❑ :Video ❑ 2. Weather and Soil Conditions t RAta i 06 � ta3t< 7 3. Is site cun-ently under notice of violation? Yes ❑ No ❑ 4. Is the site in compliance with the S.P.C.A, and the rules? Yes El No ❑ If no, check violations below: 5. Violations: ❑ a. No approved plan, G.S. 113A-57(4) and 15A NCAC 0413.0107(c) ❑ g. Inadequate buffer zone, G.S. 113A-57(1) b. Failwc to follow approved plan, G.S. 113A-61.1 ❑ h. Graded slopes and fills too steep, G.S. 113A-57(2) .: c. Failure to submit revised plan, G.S. 1 13A-54.1(b) and or 15A NCAC 04B.0124 (d) 15A NCAC 04B.01 18(a) ❑ i. Unprotected exposed slopes, G.S. 113A-57(2) ❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and Failure to maintain erosion control measures, 15A NCAC 04B.0107(b) or 15A NCAC 04B.0124(e) 15A NCAC 0413.0113 fInsufficient measures to retain sediment on site, G.S. 113A-57(3) ❑ k. Other(describe) Failure to take all reasonable measures, ISA NCAC 0413.0105 { 6. Potential NPDES Permit Violation? Yes 0, No ❑ Describe 7. Has sedimentation damage occurred since last inspection? Yes)- If yes, where? (check all that apply): No ❑ Lake/natural watercourse on the tract Lake/natural watercourse off the tract ) Other property ❑ Description: Cwr 1S- e:cF-, ,AfA Uhi71 STD/U`ZD 1zWJAFF OF 24mi A jZ) Degree of damage: Slight ❑ Moderate ❑ Severe 71 8. Contact made with (Name) n]o o op w n -a orgy) S 1 C _ Title Inspection Report given ❑ or sent 0 to Person Financially Responsible Date given/sent 9. Corrective actions needed: h e )1czrea awL� S �...TT344�r cer�. 'a o.•c� jt,Jo` z tcfe ��Q/o�,c>�e� pb S�It �Qa.t2rr ��47_ c�a f0.. ��+ LJI5darpL �l�foC� os GX�u-dt� 5 ecJ of Scco_ . +f,`SC-J ldti ACC-55-Z ) L6 �i S ft]�[Lry� o- r0v:de_ Q r bra Q L-4e- ,5a) 'a.. ��¢ �� QXis �i'..+� s'�� �ce . -he rara;�c� 6�'01 1.14C- 94-4 �L ! Tobr{mLjpj r 4 C�e1'a.1� ffCp�f��rtppC(ta�� 4 inSS al([.�,..�!r;.' 6 bec-e o rae,_ I, `o r ct �r ��S �i� T1't ft�►.00L U rL,)f0 r-.s ndiC-d . 10. Con mer.ts: -►ice $CYu. O� Tpn�S 5 a�T�o+� $ �ovld + r�o�V¢< rCtt,ti �I#Ae o•4T7o•� !3 Caev41op C-r (Dr Of _ 4"s/moo ct O V d l a�l��}Q [ 11 Report by: _ - Others present / , j'^ 44 j 0.K, e s - Date of Inspection: c 17 7-ov3 . Time arriving at site: Z'y O '29r . Time leaving site: 2• Z p g cc: Entity Names f http:l/www.secretary.state.nc.us/Corporations/soskb/Corp.asp?56027 Marne F !Marshall Secretary Corporations Home ..,Important Notice , ,,,Corporate Forms.. ,aCorporations FAQ ,* New Form Notice ,!'Tobacco Manufacturers .,Verify Certification _!Online Annual Reports;,:,; ,*Secretary Of State Home Business License— *Register for E-Procuremen !�Dept:.of Revenue,' Senate Bills.. :'Bill Su'mrnaries . ial Reports 1997 orations 1997.i r Leaislation r Corporate Name )r.New Corporation . y Registered Agent Corporation Names North Carolina DEP RTMENT OFTHE SECRETARY off' STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 6/19/2003 Document Filings Name Name Type C & D Partnership, LLC Legal D & C Partnership, LLC Prev Legal Limited Liability Company Information SOSID: 0659434 Status: Current -Active Date Formed: 1/13/2003 Citizenship: Domestic State of Inc.: NC Duration: 111 /2043 Registered Agent Agent Name: Worthington, Dean Registered Office Address: 209 North 35th Street Morehead City NC 28557 Registered Mailing Address: Principal Office Address: 209 North 35th Street Morehead City NC 28557 Principal Mailing Address: No Address File Your Online Annual Report For questions or comments about the !North Carolina Secretary of State's web site, please send e-mail to M For questions or comments concerning the Corporations Division, please send e-mail to Corporations Adr, Click here for help downloading forms. I of 1 6/19/2003 3:06 PM J State of North Carolina 23 008 5074 Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION SOSI D: 659434 Date Filed: 1/13/2003 9:48:04) AM Elaine F. Marshall North Carolina Secretary of State Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: D & C PARTNERSHIP, LLC 2. The latest date on which the limited liability company is to dissolve: January 1, 2043. 3. The name and address of each organizer executing these articles of organization is as follows: Melissa Berryman, Organizer 710 Arendell Street, Suite 105 Morehead City, NC 28557 4. The street address and county of the initial registered office of the limited liability company is: 209 North 351h Street Morehead City, Carteret County, North Carolina 28557 5. The mailing address, if different from the street address, of the initial registered office is: same 6. The name of the initial registered agent is Dean Worthington. 7. The street address and county of' the principal office is: 209 North 35`h Street Morehead City, Carteret County, North Carolina 28557 The mailing address, if different from the street address, of the -principal office of the company is: same. 8. Check one of the following: x_(i) Member -managed LLC: all members by virtue of their status as members shall be managers of this limited liability company. (ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. i�. These articles will. be effective upon filing. This is the 6* day of January, 2003. Melissa Berrryman, Organizer State of North Carolina 23 0 1 6 5002 Department of the Secretary of State Limited Liability Company L AMENDMENT OF ARTICLES OF ORGANIZATION SOSID: 0659434 Date Filed: 1/17/2003 4:29:00 PM Elaine F. Marshall North Carolina Secretary of State Pursuant to §57C-2-22 of the General Statutes of North Carolina, the undersigned limited liability company hereby submits the following Articles of Amendment for the purpose of amending its Articles of Organization. The name of the limited liability company is: D & C Partnership, LLC. 2. The text of each amendment adopted is as follows (attach additional pages if necessary): Section 1 of the Articles of Organization is amended to read "the name of the limited liability company is C & D Partnership, LLC." 3. (Check either a or b, whichever is applicable) a. The amendment(s) was (were) duly adopted by the unanimous vote of the organizers of the limited liability company prior to the identification of initial members of the limited liability company. b. x The amendment(s) was (were) duly adopted by the unanimous vote of the members of the limited liability company or was (were) adopted as otherwise provided in the limited liability company's Articles of Organization or a written operating agreement. 4. These articles will be effective upon filing. This the 13th day of January, 2403. D ership, LLC 7 d F,�~ Richard C. Flowers, Member/Manager 7:STROUD ENGINEERING, P.A. Hestron Plaza Two 151-A Hwy. 24 MOREHEAD CITY, NC 28557 (252) 247-7479 �� Iv DATE J.. NO. ATTENTION RE: _ k_Z51 2rlu H%(l� loa-k- ram-" WE ARE SENDING YOU C AL . _ ❑�Under-seo�ret cover via the following items:, ' ���81003 , ❑ Shop drawings Prints ❑ Plans .0 Samples ❑ Specifications ❑ Copy of letter Change order ❑ ' COPIES DATE NO. DESCRIPTION �L i THESE ARE TRANSMITTED as checked below: xFor approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections El W,, ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO LAt�� _t•oc.�-c.� _„ c l� SIGNED: If enclosures are not as noted, kindly notify us at once. :� 4`� ;,, • •:: .4 ..r.� � .i�_r�� • w,' _. F r_�y,r •- -. !w-.:,�tt. �'..C".1: �:°!.'� 1 �-•�L.��i,'.i,la�^^'c;' �'�} � •�. /`, 't'�, 1 Y � �: - . • I 4 NARRATIVE EROSION & SEDIMENTATION CONTROL STORMWATER MANAGEMENT MOREHEAD PROFESSIONAL PARK OWNER: C & D PARTNERSHIP, L.L.C. 209 N. 35T" STREET MOREHEAD CITY, N.0 28557 252-241-2310 CASS FLOWERS MEMBER MANAGER ENGINEER: STROUD ENGINEERING, P.A. 151 A HWY 24 MOREHEAD CITY, N.C. 28557 252-247-7479 {�A°!'(N �AA V Ore°°U��.SCfpY J�,, SEAL <. 4 ■ ■ r 2E,.9Q-;;. RECEIVED APR 2 8 2003 DWQ PROJ # :5W"7r103��UC.'. KEVIN L. KUHN P.E. w File: F:1Public\Mastcr\Drawings113711Erosion-Narrative.doc facilities, associated stormwater drainage, water and sewer facilities, and roads. IV. EROSION AND SEDIMENTATION CONTROL The Madisen Parke project was issued a sedimentation and erosion control permit on November 10, 1997 for 30 acres. Please reference the enclosed copy of the Madisen Parke sedimentation and erosion control permit, Project No. 971013CA, for pertinent information. The land proposed to be developed for the Morehead Professional Park project was permitted under the Madisen Parke permit. As such, this is a modification to Project No. 971013CA's permit as opposed to a new permit application. The Morehead Professional Park is proposed to disturb 17.28 acres of land, within the originally permitted 30 acres. The following sedimentation and erosion control measures are proposed for the site. If it becomes evident that additional erosion and sedimentation control measures are needed, they shall be installed immediately. It is intended that all grading and excavation activities within a certain area will be protected as soon as that activity is complete, i.e., drainage swales, utility easements, etc. A. Sediment Fence - Sediment fence will be utilized as necessary in locations as shown on plans or as deemed necessary by the engineer to insure that off -site sedimentation and transport of sediment to the stormwater ponds is controlled. B. Sediment Basins- Stormwater detention pond proposed for the site will serve as sediment basins during the construction phase of development. C. Riprap outlet protection- Riprap to be installed at locations shown on plans to reduce energy at high velocity areas. E. Seeding - All disturbed areas will be seeded within 14 days following construction in accordance with the seeding schedule shown on plans. F. Stone Construction Entrance - Stone construction entrances will be used to reduce transport of sediment off site. V. CONSTRUCTION SEQUENCE A. Initial Activities: I . Initiate clearing and grubbing operations. 2. Install stone construction entrances. 3. Complete clearing and grubbing operation. 4. Install silt fencing at locations shown. 5. Construct stormwater detention ponds including overflow/outlet devices. 6. Rough grade site 7. Install sewer system. File: FAPuhlic\Master%Drawings%137REros ion -Narrative. doe t 8. Install stormwater collection system with erosion control measures specified for inlets, water system, and remaining utilities. 9. Seed all disturbed areas except areas for building pads within 14 days of disturbance. B. Inspection- Hold Point: Contractor shall not proceed with any impervious surface construction including building foundations, slabs, sidewalks or roads until "Item A" initial activities are completed and a letter from the project engineer indicating that permit requirements are met is received. C. Final Activities l . Construct buildings. 2. Construct parking lot, drive way, sidewalks, and walkways. 3. Complete installation of remaining underground utility facilities. 4. Remove accumulated sediment from stormwater detention basins and perform final grading of basins. 5. Complete final landscaping and install wet detention basin vegetation as specified. VI. DESIGN ASSUMPTIONS 1. Design storm is ten years for project. 2. The rational method was used for design purposes. VIL WET DETENTION BASIN OPERATION AND MAINTENANCE After every significant runoff producing rainfall event and at least monthly: A. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, grass cover, and general condition. B. Check and clear the orifice and overflow device of any obstructions. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (piping, flumes, swales, riprap) quarterly to maintain proper function. 4. Remove accumulated sediment from the wet detention basin systems semi-annually or when depth is reduced to 75% of the original design depth. File: F:\Public\Masted[)rawingsN1371\Erosion-Narrative.doe of Ms. Sunnic G. Ballou, President Cagaan, Inc. PO Box 900 Morehead City, NC 28557 Dear Ms. Ballou: Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources September 25, 2001 Subject: Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office Permit Revision Madisen Parke Stormwater Project No. SW8 971034 Carteret County On August 7, 2001 , the Wilmington Regional Office received a revision to Stormwater Management Permit Number SW8 971034. It has been determined that a permit modification is not required for the proposed changes. We are forwarding you an approved copy of the revised plans for.your files. Please be aware that all terms and conditions of the permit issued on December 2, 1999, remain in full force and effect. All runoff from impervious surfaces on the site must be directed into the designated pond as shown in the original permit. Please also understand that the approval of this revision to the State Stormwater Permit is done on a case -by -case basis. Any other changes to this project must be approved by this office prior to construction. Prior to development of the Medical Arts 4.74 acre section, a site plan must be submitted to this office for approval. If it is determined that the proposed revision will require a modification to the permit, you will be notified. A professional engineer's certification must be submitted for each pond. Please submit the certifications for the two operating ponds, and submit the other two certifications as soon as the ponds are completed. If you have any questions concerning this matter, please do not hesitate to call me at (910)395-3900. Sincerely, Noelle Lutheran Environmental Tech V RSS1nml: S:IWQSISTORMWATIR.EVISION1971034.SEP cc: Noelle'I:utheran James L. Powell Linda Stuab, Town of Morehead City John McLean, P.E. Central Files ARA NCDENK N.C. Division of Water Quality 127 Cardinal Drive E)iension Wilmington, N.C. 28405 (910) 395-3900 Fax(910) 350-2004 Customer Service 800-623-7748 POWELL SURVEYING, REGISTERED LAND SURVEYORS POST OFFICE BOX 616 BEAUFORT. NORTH CAROLINA 28516 (919) 728-4235 F X (919) 728-2 03 415 LIVE OAK STREET �eptember 3, 2001 BEAUFORT, NORTH CAROLINA 28516 Storm Water Management Water Quality Section 127 Cardinal Dr. Ext. Wilmington, N.C. Noelle Lutheran: JAMES L. POWELL, RLS HL-1531 WETLAND CONSULTANTS On July 26 , 2001, I submitted a revised site plan for Madisen Park in Morehead -'City, Carteret County, N,C. The revision did not involve changes to the already approved storm water"plan. I included calculations on approved and revised impervious surfaces. All wet detention ponds remained as approved. Again, this was a site revision as to style of buildings and not a revision to the storm water plan. % Morehead City planning wants me to provide tlierri with -a letter from your offiee before allowing me to proceed with the revised site plan. Please let me know if you need additional —I if6n iation from me. - I am enclosing another copy of the site plan and impervious surfaces calculations. Thank you for your assistance in this matter., Sincerely, James L. Powell PLS L-1531 JLP/khp xc: Ballou Ent. Linda Stuab t�anrlir+� 1�irector TOw4 BOUNDARY, TOPOGRAPHIC, HYDROGRAPHIC, SUBDIVISION AND LAND PLANNING r � aJ OCa On �5 Y d� d L) m co y a �ca o ►� -�. � lam.. Powell Surveying, P.A. 407 415 Live Oak Street sBeaufort, NC 28516 Phone 252-728-4235 Fax 252-728-2602, , Storm Water Management Water Quality Section Wilmington, NC Attention: Noel Lutheran Enclosed please find a revised site plan for Madisen Parke, Morehead City, Carteret County, North Carolina. Calculations show that there is no net increase in impervious surfaces. The Medical Arts 4.74 Acre section which has been removed from this project would not increase the figure to greater than the already approved plan. All directions of flow and percent of grade will adhere to the original plan. John McLean, a professional engineer will be signing off on the detention ponds, two of which are already operational. If you need further information please let me know. Sincerely, James L. Powell, P.S. No. L1531 Madisen Parke Original Approved Plans Impervious Gallantries St. 22,500 John Platt Dr. 17,550 Penny Lane (same) 42,005 Brook St. 25,600 Drives and walks 236,700 Buildings (multifamily) 285,800 Tennis Courts 8,400 Clubhouse with walks 8,045 Total Impervious 646,200 ft2 Grassed Boat Storage into system 19,800 ft2 Grassed Boat Storage into wetland 27,000 ft2 N I a Madisen Parke Revised Plan Impervious John Platt Drive 919 x 31 = 28,489 ft2 Penny Lane (total both plans) (648+535+172) x 31 = 42,005 ft2 Brook St. 770 x 31 = 23,870 ft2 Susan Dr. 536 x 42 - (14 x 153) + (24 x 62) = 21,858 ft2 Joshua Dr. 460 x 42 - (17 x 153) + (24 x 32) = 17,487 ft2 Samantha Dr. 458 x 42 -(8 x 153) + (24 x 44) = 19,068 ft2 "D" Drive 288 x 42 - (12 x 153)+(24x44)= 11,316ft2 Tennis Courts 110 x 110 = 12,100 ftz Club House with walks 100 x 70 + (10 x 28) + (5 x 25) + (5 x 128) = 8,045 ft2 "E" Drive 318 x 42 - _10 s 153) + (24 x 44) = 12,882 ft2 Buildings revised with patios & walks 101 x (1365 + 120 + 164) = 166,549 ft2 Buildings and Drives unrevised 202,200 ft2 Sidewalks in Public streets 2337 x 5 = 11,685 ft2 Total impervious revised = 577,554 ft2 Grassed Boat storage into system = 19,960 ft2 Boat Storage into wetland = 0 Remaining Allowable For 4.74 Ac, Medical Arts Tract 646,200 sq. Ft - 577,544 sq. Ft. = 68,646 ft2 Approved for 4.74 Ac. Section 65,000 ft2 3 Madisen Parke Rationale For Adequacy of Revised Plan Detention Pond sizes, Design and inlet and outlet control devices same as approved plans. There is a calculated net decrease of impervious surfaces of 68,646 sq. Ft. All flow design is effectively to same detention ponds. Club house will not be built in 4.74 Acre Tract. A generous projection for a Medical Arts Complex in this tract would be 15,000 sq. ft. for drive and 8 x (40% of 15,000) = 48,000 sq. ft. for buildings = 63,000 sq. ft. which would not maximize already calculated and approved detention ponds capacities. 4 1 ■Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary. Division of Water Quality December 2, 1999 Ms.,Sunnie G. Ballou, President Cagaan, Inc. PO Box 900 Morehead City, NC 28557 Subject: Permit No. SW8 971034 Madisen Parke High Density Stormwater Project Onslow County Dear Ms. Ballou: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Madisen Parke on November 1, 1999. 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. SW8 971034 dated December 2, 1999, for the construction of Madisen Parke. This permit shall be effective from the date of issuance until December 2, 2009, 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 stormwaier 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 adj udicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/arl: S:1WQSISTORMWATIPERMIT1971034.DEC cc: Ron Cullipher, P.E. Katrina Marshall, Onslow County Inspections Linda Lewis Wilmington Regional Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper State Stormwater Management Systems ' Permit No. SW8 971034 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 IS HEREBY GRANTED TO Cagaan, Inc. Madisen Parke Onslow County FOR THE construction, operation and maintenance of 4 wet detention ponds in compliance with the provisions of 1 5A 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 pen -nit shall be effective from the date of issuance until December 2, 2009 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 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 on page 3 of this permit, the Project Data Sheet. Each of the four stormwater controls has been designed to handle the runoff from a maximum amount of built -upon area as follows. Pond l a 207,145 ft2; Pond 2@320,166 ft2; Pond 3@92,282 ft2; and Pond 4@82,197 ft2. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 2 State Stormwater Management Systems Permit No. SW8 971034 Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Name of Receiving Stream/Index #: Classification of Water Body: Pond Depth, feet: Permanent Pool Elevation, FMSL: Drainage Area, acres: Total Impervious Surfaces, ft2: Offsite Area entering Pond, ft2: Required Surface Area, ft2: Provided Surface Area, ft2: Required Storage Volume, ft3: Provided Storage Volume, ft3: Temporary Storage Elevation, FMS Controlling Orifice Pipe: DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Madisen Parke SW8 971034 Onslow County Ms. Sunnie'G. Ballou, President Cagaan, Inc. PO Box 900 Morehead City, NC 28557 November 1, 1999 Calico Creek / (WHO 21-32) "SC" POND 1 POND 2 P 5 6.5 5 9.65 10.2 9. 7.67 12.25 2. 207,145 320,166 9 OND 3 POND 4 2 5 55 12.5 23 2.22 ,282 82,197 0 703 5,899 054 6,020 ,326 6,568 ,792 7,300 0.63 13.54 5"� 15' � 3 3 State Stormwater Management Systems Permit No. SW8 971034 II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface except roads. 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 side slopes. d. Immediate repair of eroded areas. C. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 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. Decorative spray fountains will not be allowed in the stormwater treatment system. 6. 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. 7. 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. 8. 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. 9. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. FilIing in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The Director may determine that other revisions to the project should require a modification to the permit. 4 State Stormwater Management Systems Permit No. SW8 971034 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. Prior to the sale of any portion of the property, an access/maintenance easement to the stormwater facilities shall be granted in favor of the penmittee if access to the stormwater facilities will be restricted by the sale of any portion of the property. 13. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 14. The runoff from all built -upon area on the project must be directed into the permitted stormwater control system. 15. The Director maynotify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, 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. 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) which have 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 for the purpose of inspecting all components of the permitted stormwater management facility. 1. 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. Permit issued this the 2nd day of December, 1999. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION J iz- YYO T. Stevens, Director ivision of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 971034 5 State Stormwater Management Systems Permit No, SW8 971034 Madisen Parke Stonnwater Permit No. SW8 971034 Onslow County . Designer's Certification as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, roject) 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: SEAL Signature Registration Number Date State Stormwater Management Systems Permit No. SW8 971034 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. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are Iocated per the approved plans and do not cause short-circuiting of the system. 10. , The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Katrina Marshall, Onslow County Building Inspector 7 14 y �.r N. : �::QI�FICF .USE';ONLY. .r1." �; O .... Date Received Fee Paid Permit Number 3,35. W J 5W 8 R7103 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be pliotocopied for use as an original 1. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Ca aan, Inc. 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Sunnie G. Ballou, President _ 3. Mailing Address for person listed in item 2 above:.. P.O. Box 900 City: Morehead_ City _ State: N.C.- Zip: 28557 Telephone Number: ( 252 } 726-6811 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Madisen Parke 5. Location of Project (street address): Penny Lane City: Morehead City _ County: Carteret 6. Directions to project (from nearest major intersection): from intersection of N.C. Hwy. 24 and U.S. Hwy. 70 take north Bridges Street Ext.rapproximately 2 miles to Penn Lane then north on Penny Lane into project 7. Latitude: 34043'50" Longitude: 76045'24" of project 8. Contact person who can answer questions about the project: Name: Sunnie G. Ballou Telephone Number: ( 252 _) 726-6811 I1. PERMIT INFORMATION: 1. Specify whether project is (check one): x New Renewal Modification Form SWU-101 Version 3.99 Page 1 of 4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the,type of project (check one): Low Density x High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): -CAMA Major x Sedimentation/Erosion Control x 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. diversion of off -site drainage around project with collection of on -site runoff into four wet -detention ponds 2. Stormwater runoff from this project drains to the White Oak River basin. 3. Total Project Area: 29. 93 acres 4. Project Built Upon Area. 53.9 % S. How many drainage areas does the project have? 4 6. Complete the following information for each drainage area. If there are more than two'drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. SasinInformation°� `' :.: `Drama e Ariya�l=::; f Drama 'e Area 4 , Receiving Stream Name Calico Creek / Calico Creek Calico Creek / Calico Creek Receiving Stream Class SC / SC r_ SC / SC Drainage Area 7.34 AC / 12.25 AC 2.23 AC / 2.22 AC Existing Impervious* Area n/a n/a n/a / n/a Pro osed lrn ervious*Area 4.77 AC 7.35 AC 2.12 AC / 1.89 AC Impervious* Area (total) 65% / 60% 95% / 85% n Im erviou`s {Surface;`Area F' :H w Drama e Area X 2 Dratna a"Area 3 4 On -site Buildings 1.77 AC -2.56 AC 0.45 AC / 0.46 AC On -site Streets 1. 77 AC / -3.59 AC 1.33 AC / 0.54 AC On -site Parking 0.23 AC / 0.38 AC n/a, / 0. 12 AC On -site Sidewalks 0.14 AC / 0. 17 AC 0.06 AC / 0.06 AC Other on -site (minor S /W) -' . 0.86 AC / 0. 46. + 0.19 0.28 AC / 0.71 AC Off -site tennis court Total: 4 , 7 7 AC / . 7,35 AC Total: 2.12 AC / 1.89 AC " Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page-2 of 7. How was the off -site impervious area listed above'derived? Iq _ IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following; italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot.. If lot sizes vary significantly, a table listing each lot,number, size and the allowable built -upon area for each lot must be provided as an attachment. The following covenants are intended to ensure ongoing compliance with state stormwater management per•rrrit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or uttered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for_ each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availab ili ty of these forms. . Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS X Only complete application packages will be accepted.and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. , •1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - DetaiIs of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) i VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Stroud Engineering, P.A. Mailing Address:151—A Hwy. 24 City: Morehead Cify State: N.C. Zip: 28557 Phone: 252 247-7479 Fax: ( 252 247-4098 VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information; item 2) Sunnie G. Ballou certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required I"leed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .// nn l� Signature: 10 �C�C Dater/ Form SWII-101 Version 3.99 Page 4;of 4 Permit No. Swy a-1103¢ (to be provided bY DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION. BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION 1 41F1``. Project Name: Madisen Parke Contact Person: sunnie G. Ballou Phone Number: ( 25L) 726-6811 For projects with multiple basins, specify which basin this worksheet applies to: - 1 elevations Basin Bottom Elevation 4.65 ft. Permanent Pool Elevation 9-65 ft. Temporary Pool Elevation 10.75 ft. (floor of the basin) (elevation of the orifice) '(elevation of the discharge structure overflow) areas ;r•t : 1- Permanent Pool Surface Area 15131 sq. ft. '(water surface area at the orifice elevation) ' Drainage Area -#" 7.61 aC. (on -,rite and off -site drainage to the basin) Impervious Area (design)gj6 - (on-sitq and off -site drainage to the basin) volcr►nes 5610'� 5 i 4 Permanent Pool Volume 808 cum. ft. (combined volume of rnain basin and forebgy) i% Temporary Pool Volume 18412 cu. ft. (volume detained above the permanent pool) Forebay Volume 113-1 a ,wr2lr1di c ft. (approxiipately 20% of total volume) Other parametersPC, SAIDAI y-y y J (surface area to drainage area ratio from DWQ table) Diameter of Orifice Design Rainfall Design TSS Removal 2 2 in. (2 to 5 day temporary pool draw -down required) 1 in. 90 % ..(minimum 85% required) Form S WU- l 02 Rev 3.99 Page t of 4 . Footnotes: } 1 When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 1n the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal.. The NCDENR BMP manual providesdesign tables for both 857c TSS removal and 90% TSS removal. II. REQUIRED ITEMS 'CHECKL• IST ' The following checklist outlines,design requirements per -the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural- Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .100& Initial in the space provided to indicate the following design requirements have been met and supporting documentation is' attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials Or✓03� a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). 6DOC b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. 19 Ole r,• d. The temporary pool draws down in 2 to 5 days. rN e. If required, a 30-foot vegetative filter is provided.at.the, outlet (include non -erosive flow calculations)- f.: he bbqsjin length to width: ratio is. greater than 1.1. basin side slopes above the permanent pool are no steeper than 3:1. .. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both ttie overflow and orifice. k. A recorded drainage easement is provided for each basin, including access to nearest right- of-way. 1. If the basin is -used for sediment and erosion control d!.ring:,constructiofi, clean -out of t1:c - 2, basin is specified prior to use as a wet detention basin.-- s m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND' MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does 0 does not incorporate a vegetated filter at the outlet .' This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4. / Maintenance activities shall be performed as follows:•,: After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs •f' within 2 toJ5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches; and remove trash as needed. 3. inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled -in a manner that will not adversely, impact water:quality (i.e. stockpiling'near a wet detention basin or stream, etc.). The measuring device used,to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily Iienetrate into; accumutated sediments. When the permanent pool depth reads 3 -,7 s' •,feet in the main pond, the sediment shall be removed. When the permanent pool depth -reads - •2. 625 feet in, the forebay, the sediment shalI'be removed. .ti BASIN DIAGRAM r` (flfl..in the blankv) a a •�9 ,` Permanent Pool Elevation Sediment R\Ele al El. _ 17 , 025 75 o -------------- Sediment Removal Elevation 5'• 9 75% Bottomlttion k6 : d %---------- --------------------- i------------- ------- Bottom Elevation 4'. 65 25% FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form S',,. U-102 Rev 3.99 Page 3 of4 7. All components of the wet detention basin system shall be maintained in good working; order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Sunnie G. '.Ballou Title: President Address: P.O. Box 900, Morehead City; NC 28557 Phone: 252-726-6811 �( Signature: ,7t11Zf2,U Dater Note: The legally responsible party should not be a homeowners�association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president.. 1, - ATTjeIJ L.�Mnn pn�t , a Notary Public for the State of tjoerrl _ CAZ041AIA, County of _ CrI AllgjJ do hereby certify th.at _ Su wl QIC Ca. lR&N A personally appeared before me this _$t'` day of --uae . )99q ., and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Wi Hess my ha d and official seal, Q- -.•1 rOZA :- r • � • r� • m 4 % �BLIC SEAL ` My commission expires 11LY,�T Form 5WU-102 Rev 3.99 Page 4 of.4 yI Permit No. (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality i STORMWATER MANAGEMENT PERMIT .APPLICATION FORM` WET DETENTION. BASIN SUPPLEMENT This form maybe photocopied for rise as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and'plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Madisen Parke Contact Person, sunnie G. Ballou Phone Number: f 2252) 726-6811 For projects with multiple basins, specify which basin this worksheet applies to: elevations Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation ----- 3.70 10.20 ft. 11.71 ft. areas Permanent Pool Surface Area 16746 sq. ft. Drainage Area 12.25 ac. Impervious Area (design) 7.35 ae. (floor of the: basin) ;. (elevation of the orifice), ..'(elevation -of. the discharge.structure overflow)-',-'-. (water surface area at the orifice elevation), (on -site and off -site drainage to the basin) (on -.rite and off -site -drainage to the basin)- volumes 6 Permanent Pool Volume 75 cu. it. (combined (combined volume of main basin and forebay Temporary Pool Volume 28624 cu. ft. (volume detained above the permanent pool) Forebay Volume (P1S;cf0q RtTS� cu. ft. (approximately 20% of total volume),:'. Other parameters �9�, SA/DA l Diameter of Orifice Design Rainfall Design TSS Removal 2 W 2.9 (surface area to drainage area ratio from DWQ table) 2 " in. (2 to 5 day temporary pool - -draw-'down required) 90 % - (minimum 85% required) . Form sWU-lot Rev 3.99 Page 1 of:4 Footnotes: I When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter' may be waived if the wet detention basin is designed to provide 90%TSS removal. The NCDENR BMI' manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST; ; .; , s The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). 1 . The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in.2 to 5 days. s e, If required, a 30-foot vegetative filter is provided at the outlet (include non=erosive flow calculations).. + _._.... U: The basin length to width ratio is. greater than 3:1. _ g. The basin side slopes above the permanent pool are no steeper than 3:1. i ffy w 4AAsubmerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). Ali. Ugetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. P<, k. A recorded drainage easement is provided for each basin including access. to nearest right- of-way. I. If the basin is used for sediment and erosion control during construction, clean out of the �,bb2a¢¢sin i specified prior to use as a, wet detention basin. •• m. Mechanism is specified -which will drain the basin for maintenance or an emergency. 1'rv5� 15� Pump . III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including' forebays and the vegetated filter if one is provided. This system (check one) 0 does 0 does not' 'incorporate ivegetated filter at the outlet:'""' r' This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 toj5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, n- ow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper. functioning. ' 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is . reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in,an appropriate manner and shall be handled in a manner that will not adversely impact water.quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the,sediment elevation'shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 4: 875 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads `iL.',625 y, + 'e" re P¢ feet in the foreba the sediment shall be removed. •5 � BASIN DIAGRAM (fill, in the blanks) K' • 01�'` 4 r M ♦ e Permanent Pool Elevation t 110 !,2 0 Sedimenal El. 7:575- 75 0 - --A--- __--__-_ Sediment R movai Elevation 'S :32`5 '` 75% BotAtion 6.7[? % ------ -•--------------------------------- ------- Bottom Elevation 3 ; Z0 1 251%, FOREBAY MAIN POND '. 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized'to the maximum extent practical_ Form S',VU-102 Rev 3.99 page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify -DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name:-Sunnie G. Ballou Title President Address: P.0. Box 900, Morehead City, NC 28557 Phorn �( Signa Date: Note. The legally responsible party should not be a homeowners association unless more than 50% oE.the lots have been sold and a resident of the subdivision has been named the president:_ I,MA7aHftZ L, a Notary Public for the State of tjoV I CAWeJA1A County of A✓tom , do hereby certify that SUJt/NI E G. R personally appeared before me this E;74' day of . ___�t/E / 9 , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Wit ess my hand and official seal, 00 ;• •:�' Q- 92 ;m- VeL1G �% +11111� SEAL My commission expires DCT. 2% ZDd3 Form SWU-102 Rev 3.99 Pane 4 of 4- Permit No. SW� g1(C)34- •, ' (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION. BASIN SUPPLEMENT' This form may be photocopied for use as an original , DWQ Starmwater Mana k enlent Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. 1 I. PROJECT INFORMATION Project Name: rtadi.sen Parke Contact Person: Sunni.e G. Ballou Phone Number: (252^L 726-6811 T ' For projects with multiple basins, specify which basin this worksheet applies to: 3 i elevations Basin Bottom. Elevation , 4,55• ft.,, . (floor :ofthe, basin) ': Permanent Pool Elevation 9.55 ft. (elevation of the orifice),.'.` .: . Temporary Pool Elevation 10.63 -ft.; -•"(elevation of the discharge structure overflow)_t __ areas Permanent Pool Surface Area 7054 sq. ft. '(water surface area at the orifice elevation), Drainage Area 2.23 ac. (vn-,rite and off -site drainage to the basin) Impervious Area (design) 2: 12 ac. (on -site and off -site drainage to the basin)- - i volumes Co 231056 I . Permanent Pool Volume l K66 cu. ft. J- combined volume of main basin and forebay} - Temporary Pool Volume 8792 y_ cu. ft. detained above the permanent pool} Forebay Volume O 415(o 2,-,Tr .(volume cu. ft. -,(approximately 20% of total volume) ' Other parameters SAIDA1 6.9 (surface area to drainage area ratio from DWQ table) Diameter of Orifice' "'' '' "1:5 "' in.'' ' (2 to 5 day temporary 'po'ol `draw -down required) Design Rainfall _1 in. .. Design TSS Removal 2 90 %„ .(minimum 85°Io,„required),•. :. ; ... (9 Par rz C 1<�2.ctick Form SWU-!02 Rev 3.99 Page 1 of 4 Footnotes: 1 When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal, II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements -per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and NaturaFResources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stortwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach ,justification. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. 1Lfa'C__ d. The temporary pool draws down in 2 to 5 days. 7 e. If required, a 30-foot vegetative Filter is provided at the outlet (include non -erosive flow calculations) f:• The basin,length to width ratio is. greater than 3:1. g. ?20- e,�asin side slopes above the permanent pool are no steeper than 3:1. o`' W�, mWerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. I. If the basin is used for sediment and erosion control; during construction, clean out of the 8 ba in is specified prior to use as a .wet detention basin. +qA__tK charism is specified which will drain the basin for maintenance or an emergency. III. WE, DETENTION BASIN OPERATION AND' MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does' 0 does riot incorporate a vegetated filter at the outlet: -' This system (check ogre) 0 does 0 does not incorporate pretreatment other than a forebay. Form S W U-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: , I . After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructionssuch that drawdown of the temporary pool occurs r,within 2 tor5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment frorn the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not,adversely impact water;quality (i.e. `stockpiling hear a'wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool'depth,reads -3 75 feet in the main pond, the sediment shall be removed. �ao4�et�t:'e� When the permanent pool depth reads? •`6?5' . fect'in ttie forebay, the sediment shatll'bex ernoved BASIN DIAGRAM Ulf, in the blanks) r. t ; sy 4e .. Permanent Pool Elevation 9.55 Sediment Ret oval El. 75 o -------------- =- Sediment Removal Elevation LL8, 75% ' Bottom Ele ption _6_. Q5 %----------- ------ -----------------------___------- Bottom Elevation ! :55 25% FORCBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants sliall be encouraged to grow along the vegetated shelf and forebay berm. G. If the basin must be drained for an emergency of to perform maintenance, the flushing of sediment through the emergency drain shall be minimized'to the maximum extent practical. Fortn S';.`_'-102 Rev 3.99 Paoe 3 of 4 7. All components of the we[ detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify. DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Sunnie G. Baliou Title: President Address: P.O. Box 900 , Morehead City, -NC 28557 Note: The legally responsible party should not be a homeowners• association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president:, I, AITAW L /-AAaT_ a Notary Public for the State of ri 614944/A/4 , County of _ CaAVrmj , do hereby certify ihat 15qAj utC G,. -1 Aico personally appeared before me this day of UNE 1999 , and acknowledge the due ex-Icution of the forgoing wet detention basin maintenance requireme ts. itne s my hand and official seal, SEAL `` My commission expires e 2� UU3 IA Form SWU-102 Rev 3.99 Page 4 of:4- Permit No. Sck>3 (to he provider! by DWQ) State of North Carolina Department of Environment and Natural Resources Division o.f'Water Quality 'STORMWATER MANAGEMENT PERMIT APPLICATION FORM.. WET DETENTION. BASIN SUPPLEMENT This form tnay 6e photocopied for use as an original DWQStormwater Management Plan Review' A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Madisen Parke Contact Person: 5unnie G. Ba11ou Phone Number: (252 ) 726-6811 - For projects with multiple basins, specify which basidihis worksheet applies to: 4 elevations Basin Bottom Elevation 7.50• ft.,: -. '(floor, of the,basin) Permanent Pool Elevation 12.50 ft. (elevation of the orifice)•• '••-•• Temporary Pool Elevation 13. 54. ft. ...' •,.'(elevatiomofahe discharge structure overflow), areas x r" Permanent Pool Surface Area 6020 sq, ft. (water surface area at the orifice elevation) . Drainage Area 2.22 ac. (on -site and off -site drainage to the basin) Impervious Area (design) 1.89 ac. (on -site and off -site drainage to the basin), volumes V 18Cslo 55 Permanent Pool Volume 81 cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume 7300 cu. ft. (volume detained above the peimanent pool) `• Forebay Volume IV 4201 ft. (approximately 20% of total volume) , . Other -a �. ` ' J y parameters SA/DAI 6.1 (surface area to drainage area ratio from DWQ table) Diameter of Orifice:, 1: 5 = in. (2 to S day temporary' pool'draw-down required) Design Rainfall 1 in. Design TSS Removal 2 , 90 %, (ininimum.85% required) Cppc?r [7_(DC' I01-Zglf y l Form SWU-102 Rev 3.99 Page 1 of 4 Footnotes: y 1 When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS• CHECKLIST .., l... �.•:. irl'... ',:g l... �f,; ",i;. `. �. '., ire; :..; , i ., �'. ., • The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural' Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following- design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stortwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Apkllicants Initials ,1p- dS_ a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). +� 0-e— b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) - w f. The basin length to width ratio is greater than 3:1. g. The -basin side slopes above the p'ermandrit pool aid no steeper than 3:4. S' bm r' ��,,ged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage casement is provided for each basin including access to nearest right- of-way. 1. If the basin.is used for sediment and erosion -control. during construction, clean out of the L11im. in is specified prior to use as a'wet detention basin. mahanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION'AND'MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does 0 does not incorporate a vegetated filter at the outlet. This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 399 Page 2 of 4 r Maintenance activities shall be performed as follows: , I. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions°such that drawdown of the temporary pool occurs .rp, within 2 toj5 days as designed. 2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact.water.quaiity (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 3.75 _ feet in the main pond, the sediment shall be removed. When the permanent pool depth reads -2 •625 feet in the forebay, the sediment shall'be�reemoved. qo� r +tsr „r S r •�,i�s BASIN DIAGRAM (Jill in the blanks)+i%L ti •N '• _ ! ^�• > Permanent Pool Elevation 12.50 �y j�_"'_f-- . rd3AtaiyRi�& 4 Sediment Rec oval E. 2;$]7 TV -------------- Sediment Removal Elevation 8. 75 75% Bottom Ele Pt 9' -------------._--------.---------------___-__ _--- Bottom Elevation 7.5 25% FOREBAY MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These, plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form S "._`•102 Rev 3.99 Page 3 of 4 r , 7. All components of the wet detention basin system shall be maintained in good working order. . I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify. DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Sunnie G. Ballou Title: President Address: P. o. Box 900� Morehead City, 'NC 28557 [ViT+Tit �( Signa Date: Note: The legally responsible party should not be a homeowners•association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president., I,A`tTt�k't,J t..ont , a Notary Public for the State of h►�oRrr1 CAt2ol.�r�a County of L.,t gwefI _ do hereby certify that I �a. ��c►-ou► personally appeared before me this day of , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires -•-� OcT �9 2v43 5 Form SWU-102 Rev 3.99 Pane 4 of-4 C E 1 W E J,, AUG 2 71999 MR I i Gul f'� n u �iu Main Basin Ex Pond #4 original design depth: 5.00' sediment removal benchmark depth: 3.75' Ex Pond 92 original design depth: 6.50' sediment removal benchmark depth: 4.88' Proposed Pond original design depth: 5.00' sediment removal benchmark depth: 3.75' Foreba 3.50' 2.63' 3.50' 2.63' 3.00' 2.25' Removed sediment shall be disposed of in an appropriate manner in no way adversely impacting water quality. 5. Remove cattails and other indigenous plants when they cover 50% of the basin surface. VI. COASTAL STORMWATER REGULATIONS The North Carolina Division of Environmental Management implemented coastal stormwater regulations in coastal counties on January 1, 1988. These regulations are detailed in 15 NCAC 2H.1000 Stormwater Runoff Disposal. These rules allow for a development to be considered under various options. This project is submitted for approval in consideration under Section .1003(d)(2) high density projects. File: F:1Public\Masted)rawings113711Erosionddarrative.doc -f YMCEIVED ' NOV 0 51999 BY: S STROUD ENGINEERING, P.A. HESTRON PLAZA TWO 151-A HWY. 24 MOREHEAD CITY, NORTH CAROLINA 28557 (252) 247-7479 Mr. Rick Shiver Water Quality Regional Supervisor N. C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RE: Notice of Recommendation for Enforcement Madisen Parke Stormwater Permit No. SW8971034 Carteret County Dear Mr. Shiver: November 1,1999 l am in receipt of a copy of your letter dated October 20, 1999 concerning the above referenced project. l met with Cagaan, Inc. today and informed them of this notice. They have not received the certified mail as of today. During our meeting today, it became apparent that Ms. Ballou was under the assumption that all permits were in order. have to take a significant portion of the responsibility in failing to ensure that my client understood the construction restrictions at her project; prior to issuance of the stormwater permit. Cagaan, Inc. expects to respond to you in writing immediately and hopes to resolve your concerns. We called Ms. Linda Lewis during today's meeting and she recommended following through with a written response in accordance with your letter. Cagaan, Inc. has requested that I provide a time line for this project, as it relates to the Stormwater Permitting Process. We designed and submitted the original stormwater plan in October, 1997. We received review comments on this submittal in December, 1997. Concurrent with our stormwater submittal, we submitted an application for fill of 404 wetlands. In December of 1997, the Division of Water Quality and the U. S. Army Corps of Engineers had significant differences in their opinions on wetlands delineation. The Corp accepted and signed off on a wetland survey based on detailed monitoring by a soil's consultant. Since the Division was at odds with the Corps, we requested in January, 1998 that our stormwater plan be placed on hold. The Division of Water Quality finally issued a 401 water quality certification five months later for fill of non -corps jurisdictioned wetlands and a fee of $24,000.00. 107 COMMERCE ST. 3961 A MARKET ST. HESTRON PLAZA TWO SUITE B SUITE A 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 Page 2 This delay created a loss in momentum on the project that was not overcome until a new submittal package was prepared and submitted on June 14, 1999. Additional review comments were received after July 22, 1999, and we addressed those items and forwarded them on August 25,1999. We received what is hopefully the final two review comments on October 22,1999 from Ms. Lewis, and resubmitted these back to your office on October 29, 1999. During my conversation today, Ms. Lewis was not sure if she had received the latest submittal, and indicated I would call her tomorrow and verify. It is my opinion that the final approval is imminent as soon as Ms. Lewis can schedule a review. In accordance with our erosion control plan, two of the proposed detention ponds are constructed and water quality is being protected. The pond overflow devices have been installed and detention of rainfall events are occurring. We offer our services in any manner that may help resolve the present situation. We would also like to point out that a permit has been applied for, and that we responded to your office's July 22, 1999 request on August 25, 1999. Sincerely, Cd4 Z-CU Ronald D. Cullipher, P. E. RDC/dgw cc: Sunnie Gail Ballou cc: Andy Harris fl Ie:CP°W 6.31rshive99.wpd ID 2 01999CAC4AA ,, II,C. A Division of Batiou Enterprises, Inc. December 15, 1999 re, Mr. Rick Shiver NC Dept. of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Re: Permit No. SW 8971034 Madisen Parke High Density Stormwater Project Carteret County Dear Mr. Shiver: The Stormwater Permit No. SW8971034 issued to Madisen Parke was incorrectly stated as being in Onslow County. The County of Record should be Carteret County. Thank you for your attention in correcting the error. During our phone conversation, I requested to meet with you and Ron Cullipher of Stroud Engineering to discuss the purported violation. Again, I would like to state that I was unaware of My violation. I am enclosing a copy of a General Permit to Discharge Stormwater Under the National Pollutant Discharge Elimination System, dated effective July 1, 1995, Permit No. NCG010000. I was under the belief that I had my stormwater permit and began to develop Madisen Parke. If you can see your way clear to allow this as a mere lack of knowledge and not an outright, deliberate attempt to pursue without obtaining the proper permits, I would be much appreciative. I look forward to hearing from you at your earliest convenience. Sincerely, k"#&'4W Sunnie Gail Ballou, President CAGAAN, Inc. Enclosures cc: John Harris, P.A. Ron Cullipher, Stroud Engineering Katrina Marshall, Carteret County Inspections Sunnie Gail Ballou Penny Ballou Riggs Mildred H. Baliou President Vice -President Secretary P.O. Box 900, Morehead City, Norio Carolina 28557 • (919) 726-681 1 • FAX (919) 726-5184 m V, I howa. LEA f I out whiz .'alb mW VAN Wholl 1pwmwn WO - '166VO 10 min a 1. Al 00", 01 i Q U 0 is , I I n h 0 10 0 1 r. r"\, NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION I. GENERAL INFORMATION (Please print clearly - type) 1. Project Name Madisen Parke 2. Location, directions to project (include County, Address, State Road) Attach map. west of 35th Street and near the intersection of Galantix & Brooks in Morehead -City Carteret. C2unt}_- 3.Owner's Name _ Cagaan, Inc. Phone (919) 726-6811'. 4. Owner's Mailing Address P.O. Box 900 City Morehead City State N.C. Zip 28557 5.Nearest Receiving Stream Calico Creek Class SC b.Projectdescription Multi -family project; eleven three-story 24 unit buildings, --six 12 unit buildings, 34 townhome style condominiums. II. - PERMIT INFORMATION l . Permit No.(Tobe,wedlnbyD wpi 2. Application Date September 10, ,1997 _ Feeenclosed$ 385,o0. 3. Permit Type: X New Renewal Modification (existing Permit No.) 4. Project Type: Low Density Detention Infiltration Redevelop General Alter - Offske 5. Other StatelFederal Permits/Approvals Required (auck appropriate bknu) CAMA Major Sedimentation/Erosion Control X 404 Permit X III. BUILT UPON AREA (please we nRcac 2m.loas tlira .iw7fara*aoabk tkrwo Ewa) C assification Existing Built -upon Area Proposed Built -upon Area Total Project Area Draina 1201hag Basin Bad 1 / 2 3 / 4 SC / SC SC CSC I I o /0 0/0 % Built -upon Area IV. STORMWATER TREATMENT (Describe ► ow &he rrmoff well be maue) Breakdown 9f Im2=iolLArea (Ng— it kare Mow she d-�M Lwpe-l— area) Buildings Streets Parking/SW Odber Totals - Diversion of offsite-drainage around project with collection nf nn-slci- V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for the type of project applied for. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. VI. OWNER'S CERTIFICATION I, Sunnie Gail Ballou certify that the information included on this permit (Please print clearly or type) application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. 1 authorize the below named person or firm to submit stormwater plans on my behalf. AA,4 I AlG�{,G Owner/Authorized Agent Signature and Title Date Sunnie Gail Ballou, President VII. AGENT AUTHORIZATION (Please fill in die nuune of the engineeriturveyor authorized to salw dt plant on die owner's behalf.) Person or firm name Stroud Engineering, P.A. Mailing Address 151 A Hyl. 24 City Morehead city State N•C• Zip 28557 Phone (919) 247-7479 Please submit application, fee, plans and calculations to the appropriate Regional Office. M. Applicant/WiRO//Central Piles Office use only November 2, 1999 VIA OVERNIGHT MAIL Rick Shiver NOV 031999 North Carolina Department of Environment & Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Madisen Parke Stormwater Permit # SW8 971034 Dear Mr. Shiver, My name is Sunnie Gail Ballou and I am the President of Cagaan, Inc., the developer of Madisen Parke. While I have not directly received your letter of October 20, 1999 regarding the stormwater permit'for this development; Ron Culipher, our engineer, has provided me with a copy. In the interest of saving time and ultimately in an effort to resolve this matter, I wanted to go ahead and respond before receiving formal notification. I want to say that notice of your letter came as a surprise to me in that I was not aware that the stormwater permit for the development was not in place. I am sure you hear this type of thing all of the time and I know it is not an excuse but it is the truth. I have met with Mr. Culipher to go through the points made in your letter and it appears that the initial application was submitted to your office back in October, 1997, The application was put on hold while some issues were resolved with the Corps of Engineers on wetlands but these items were cleared up and the application resubmitted in May/June of this year. The last discussion I remember having with Mr. Culipher regarding the stormwater permit was that he had submitted the revised application based on the agreement with the Corps of Engineers and that issuance of the permit was imminent. My assumption from that point on had been that the permit was issued and we proceeded with the installation of the stormwater ponds. I realize the importance of stormwater management in land development and do not take pride in having my company or myself associated with violations, Mr. Culipher informs me that the stormwater ponds designated on the application were installed back in the early summer and are serving their designed purpose of )reserving water quality. While this is certainly not an excuse for not having the 3332 Bridges St. Suite B Morehead City, NC 28557 Phone: (252) 726-6811 Fax: (252) 726-5184 Toll Free: 1-800-337-2758 Email: sunnie@clis.com http://www.clis.com/sunnie stormwater permit, it is my hope that it serves as a strong indication that myself and my company did not intend to ignore the necessity of stormwater maintenance or regulation. In the hope that this matter will soon be resolved, Mr. Culipher informs me that he has recently made a resubmittal of the stormwater application to your office that should clear the way for the permit to be issued. It is my understanding that the issuance of the permit and your decision of whether enforcement action is warranted are independent of each other and, therefore, I would like to request a time in which you and I could meet to discuss this matter further before you make your decision on enforcement. I would appreciate it if you could give me a call at (252)726-6811 to set this up. Sincerely, Sunnie Gail Ballou, President of Cagaan, Inc. cc: Andy Harris Ronald D. Culipher �r ' �''i �,,. ., 1= t't.�' ' ;k+ ., "-; ._ a r _ �; , �,�.'t. r .Y �� ... .ri if i. ., 1_rd;l � � r. � s� °1 �.� ,i:_ r.;i •ie. 't �i• . �. .`3li 1. 1�_.. � . � � � � � '�% .. '�1 � (. , .1'. �'�� .'.J7 i r�, � .e 0 . 4 ,. ,. '� .. STROUD ENGINEERING, P.A. Hestron Plaza Two 151-A Hwy. 24 MOREHEAD CITY, NC 28557 (919) 247-7479 TO C — (i% j LX L WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ ��44C�Q O[� 4 a GG�]�C�Q�4G�[� DATE 16 JOB NO.m q ATTENTIO \ RE: s Na, 5W the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION IT Lo, s ee 1. 3 3 A Cv o v, s a a 1 o a_I l e �-b Pd j- on na W e ne e r THESE ARE TRANSMITTED as checked below: For approval ❑ For your use C As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted I❑ Returned for corrections 19 E C E I V E D E M ❑ Resubmit copies for approval 0 Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: It enclosures are not as noted, kindly notify us at once. hkh, STROUD ENGINEERING, P.A. HESTRON PLAZA TWO 151-A HWY, 24 MOREHEAD CITY, NORTH CAROLINA 28557 October 29, 1999 (252)247-7479 Ms. Linda Lewis NCDENR-Division of Water Quality 127 Cardinal Drive Ext. Wilmington, N.C. 28405 Re: Stormwater Project No. SW8 971034 Madisen Parke Carteret County Ms. Lewis: The enclosed materials are being submitted for your continued review of the above referenced project. The requests for additional information made in your October 22, 1999 letter have been addressed as follows: 1. The forebays of the ponds have been re -sized to achieve a volume equal to 20% of the permanent pool volume as defined in your letter. Calculations of pond volumes are enclosed. The calculated surface area for Pond 1 was determined by assuming an impervious surface area equal to 65% of Drainage Area 1. The actual impervious surface area within Drainage Area 1 is approximately 56% of the total drainage area. The surface area of the pond was oversized to account for any minor impervious surfaces. No specific value for minor impervious surfaces is known, therefore the 65% value for design is arbitrary. The enclosed revised calculations use an impervious surface area equal to 62% of the total drainage area of 7.67 acres to size the pond, still producing a conservative design. Using this value, the calculations show that no design changes to increase the surface area are necessary. Please call our office with any questions. H Sincerely, Ronald D. Cullipher, P.E. Fife:CWPMk,g1776-i onds.wpd 107 COMMERCE ST. 3961 A MARKET ST. HESTRON PLAZA TWO SUITE B SUITE A 151-A HWY, 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756.9352 (910) 815-0775 (252) 247-7479 Department of Environment and Natural Resources Wilmington Regional Office I James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality October 22, 1999 Ms. Sunnie Ballou, President Cagaan,Inc. PO Box 900 Morehead City, NC 28557 Subject: ACKNOWLEDGMENT OF RECEIPT AND REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SWS 971034 Madisen Parke Carteret County Dear Ms. Ballou: The Wilmington Regional Office received the previously requested information for the Stormwater Management Permit Application for Madisen Parke on August 27, 1999. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: The permanent pool volume, as explained in the workshops, is the volume in the pond from the bottom to the permanent pool elevation. To do the calculation, you need to pretend that the forebay doesn't exist yet, as shown on the enclosed sketch. After you know the magic number, you can then go back and position the forebay weir such that the required 20% volume is provided in the forebay, as illustrated in the sketch. None of the storage volume above the permanent pool is included. 2. The revised pond calculations for Pond 1 have not been completed. At the point where the minimum required surface area is calculated, the original 7.34 acre drainage area is used instead of the new 7.67 acres. This results in a surface area that is deficient by about 400 square feet. Please revise the calculations and provide sufficient surface area to meet the minimum required. 127 Cardinal Dr. Ext., Wilmington, forth Carolina 25405 'Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50°A recycled/10"A post -consumer paper 1 a'�4 Ms. Ballow October 22, 1999 Stormwater Project No. SW8 971034 Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to November 22, 1999, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation ofNCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. if you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:IWQSISTORMWAnADDINF01971034.00T cc: Linda Lewis - Kathleen Gray 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper ;-owl I MDW 2N.1(Sgr*Snem) M) 1pwftdl, Permit No. Sw (to be provided b.v DWQ) State of North Carolina Department of Environment and Natural Resources Division of'Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION. BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION . ,l Rt`. Project Name: Madisen Parke Contact Person: Sunnie G. Ballou Phone Number: ( 252) 726-6811 For projects with multiple basins, specify which basin -this worksheet applies to: 1 elevations Basin Bottom Elevation 4.65 ft. '(floor of the basin) Permanent Pool Elevation 9. 65 _ ft. (elevation of the orifice) Temporary Pool Elevation 10.75 ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 15131 sq. ft. '(water surface area at the orifice elevation) Drainage Area -#' 7-b1 ac. (on -site and off -site drainage to the basin) Impervious Area (design) 1r�'71�{,9`� a (on -.site and off -site drainage to the basin) volumes 28!0!84 Permanent Pool Volume cu. ft. (combined volume of main basin and forebay) Temporary Pool Volume 18412 cu. ft. (volume detained above the permanent pool) - Forebay Volume 1D4to(ocu. ft. -(approximately 20% of total volume) Other parameters SA/DA I Diameter of Orifice Design Rainfall Design TSS Removal 2 4.65 2 (surface area to drainage area ratio frown DWQ table) in. (2 to 5 day temporary pool draw -down required) 1 in. 90 % .(minimum 85% required) Farm SWU-102 Rev 3.99 Page 1 of 4 Footnotes: t When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool siting should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal.. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90010 TSS removal. II. REQUIRED .ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural' Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the'agent may initial below. If a requirement has not been met, attach ,justification. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. N e: If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) 1� f.- he b sin length to wtdth.ratto is,greater than 3:1...... . g g qhe basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). r �i. Vegetative cover above the permanent pool elevation is specified. )Q� j. A trash rack or similar device is provided for both the overflow and orifice. CPS- k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is.used for sediment and erosion control dull' :g construction, clean out of the - c_e4 9 basin is specified prior to use as a wet detention basin, m.'A mechanism is specified which will drain the basin for maintenance or an emergency. VJTG) PmD III. WET DETENTION BASIN OPERATION AND' MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does 0 does not incorporate a vegetated filter at the outlet:" ' This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Pace 2 of 4 State of North Carolina Department of Environment and Natural Resources Wilmington Regional O€fiee James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality October 20, 1999 CERTIFIED MAIL Z 153115 919 RETURN RECEIPT REQUESTED Ms. Sunnie Ballou, President Cagaan, Inc. PO Box 900 Morehead City, NC 28557 `� 0 NCDENR ENVIRONMENT ANU NATURAL RESOURCES Subject:NOTICE OF RECOMMENDATION FOR ENFORCEMENT Madisen Parke Stormwater Permit No. SWS 971034 Carteret County Dear Ms. Ballou: This letter is to notify you that the Wilmington Regional Office of the Division of Water Quality is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violation of North Carolina General Statute NCGS 143-215.1; Failing to apply for and receive a permit required under NCGS 143-215.1. You have failed to respond to a request for additional information regarding the pending Stormwater Management Permit sent to you on July 22, 1999, and portions of the project have been constructed.. If you have an explanation for this violation that you wish to present, please respond in writing to me within ten (10) days following receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. By copy of this letter to the Building Inspections Department, I am requesting that the inspector consider withholding building permits and certificates of occupancy pending issuance of the required permit. If you have any questions concerning this matter, please contact Linda Lewis at (919) 395-3900 Sincerely, Rick Shiver Water Quality Regional Supervisor RSSAarl S:1WQSISTORMWATIENFORCE1971034.00T cc: Ron Cullipher, P.E. Katrina Marshall, Carteret County Building Inspections Bradley Bennett ,L• inda Lewis .Wilmington -Regional -Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal opportunity Affirmative Action Employer 50% recycled110% post -consumer paper STROUD ENGINEERI Hestron Plaza Tw 'RECEIVED 151-A Hwy. 24 MOREHEAD CITY, NC 8557AUG 2 7 1999 (919).247-7479 BY: TO C r/ r_-Al (Z r, 1 f,o'✓l WWOLi f-Vi � uWL I� W; � C_ a YLfos 3?Li5 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter 0 Change order 0 DATE � C �i JOB N � AITENTI S Q V 3 RE: � n 1: � � p ,( SYV AOZ J)0- O 0 Samples the following items: L3 Specifications COPIES DATE NO. DESCRIPTION a C V �s=~a ;ems 3 3 �� V-rV, �4 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use © As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS 0 0 Approved as submitted ❑ Approved as noted ❑ Returned for corrections 19 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: if enclosures are not as noted, kindly notify us at once. (�Q � -� n' r .. ' i � � r � i �y, —.. , � .�. __ �. r � � 1 f t � t STROUD ENGINEERING, P.A. HESTRON PLAZA TWO 151-A HWY. 24 MOREHEAD CITY, NORTH CAROLINA 28557 (252)247-7479 Ms. Linda Lewis NCDENR- Div. of Water Quality 127 Cardinal Drive Ext. Wilmington, N.C. 28405 Re: Stormwater Project No. SW8 971034 Madisen Parke Carteret County Ms. Lewis: August 25, 1999 E C E I V E AUG 2 71999 The enclosed materials are being submitted for your continued review of the above referenced project. The comments made in your July 22, 1999 letter have been addressed as follows: 1. The drainage area for Pond 1 has been expanded to include Boat Storage Area # 1 and revisions have been made accordingly. Boat Storage Area # 2 is shown to drain to the wetlands as does the northern portion of the project along "E" drive keeping the wetlands more hydrated. 2. The discharge pipes will not be cut back due to grading conflicts that would occur. 3. Two perforated fabric wrapped pipes have been added underneath Penny Lane to keep the wetlands hydraulically connected. 4. A note stating that there are no remaining wetlands on site to be filled has been added to the plans. 5. Finished grade elevations have been provided for the tennis courts, recreation area, and boat storage area. b. The runoff for the offsite portion of Brooks Drive will be collected by catch basin # 15 at the intersection of Brooks St. and Galantis Drive and routed to the storm drainage system diverting drainage around the project. A small area within the intersection has been included in the drainage area for Pond 1. Pile: CWP81776-1sw.wpd 107 COMMERCE ST. 3961 A MARKET ST. HESTRON PLAZA TWO SUITE B SUITE A 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (252) 756-9352 (910) 815-0775 (252) 247-7479 Ms. Linda Lewis August 25, 1999 page 2 7. The ponds and details have been revised to show a 6:1 shelf below permanent pool and the blank on the O & M has been initialed. 8. Because a portion of the ponds' permanent pool volume is contained in the region above the main basin and forebay, it was given as a separate number to more clearly show the volumes of the main basin and forebay therefore more clearly showing the forebay percentage. The numbers have been adjusted by approximating the volume of the region above both the main basin and forebay that would be considered part of each. The revised supplements show only one number for the total basin volume. 9. The emergency drain blank on the O & M has been initialed. We hope these items help with your review. Please call with any questions or comments. Sincerely, %�-' e, Kathleen Gray File; CWP81776-lsw.wpd Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality July 22, 1999 Ms. Sunnie Ballou, President Cagaan, Inc. PO Box 900 Morehead City, NC 28557 Subject: ACKNOWLEDGMENT OF RECEIPT AND REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 971034 Madisen Parke Carteret County Dear Ms. Ballou: The Wilmington Regional Office received a revised Stormwater Management Permit Application for Madisen Parke on June 16, 1999. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: The drainage area sheet indicates that the boat storage areas are not included. Please remember that any surface used to drive on, store stuff on, walk on, etc., is considered an impervious surface, and runoff from that surface must be treated prior to discharge.. 2. In order to keep the wetland further hydrated, please consider cutting back both discharge pipes so that they empty into the wetland rather than piping straight through to the ditch. Changing where those pipes enter the wetland will help to provide water to more of the wetland. 3. The wetlands will be bisected by the road, but there is no pipe underneath which would keep them hydraulically connected. Is this intentional? 4. Please delineate any remaining wetland areas that will be filled, or note on the plans that none exist. This information is needed to ensure that the ponds are not proposed to be located in a wetland. 5.. Please reference the project number above on all correspondence. 6. Please provide grading (elevations) for the tennis courts, recreation area, and boat storage areas. 7. It appears that a portion of the runoff from Brooks Drive will enter the system. Please either indicate how the runoff will bypass pond 1 , or account for it in the calculations. 8. Since the ponds have not yet been permitted or constructed, please relocate the 6: l shelf below the permanent pool, and initial the blank on the O&M.. 9. Please explain why you show two numbers for the permanent pool volume. This volume is the volume in the pond (main pond and forebay) from the bottom to the permanent pool. It should only be a single number. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Ethployer 50% recycled/10% post -consumer paper Ms. Ballou July 22, 1999 Stormwater Project No. SW$ 971034 ---------------------------------------------- 10. Please initial the blank on the O&M for the emergency drain. It is not NIA. The specified mechanism to drain the pond in an emergency'is a portable pump. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to August 22, 1999, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. . If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/arl: S:IWQSISTORMWATIADDINF01971034.JUL cc: Linda Lewis Ron Cullipher, P.E. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% past -consumer paper 'g ¢ Permit No. a�lv3 i (to be provided br DWQ) State of North Carolina Department of Environment and Natural Resources Division of'Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION. BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ_Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Madisen Parke Contact Person: sunnie G. Baxlou Phone Number: ( 252 726-6811 For projects with multiple basins, specify which basin -this worksheet applies to: elevations Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation 4.65 ft. (floor of the basin). 9.6 ft. (elevation of the orifice) 10.75 ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 15131 sq. ft. (water surface area at the orifice elevation) Drainage Area 7.34 ac. (on -site and off -site drainage to the basin) Impervious Area (design) 4.77 ac. (on -.rite and off -site drainage to the basin) volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DA 1 Diameter of Orifice Design Rainfall Design TSS Removal 2 14440 36808 cu. ft. 18412 cu. ft. 742-8 cu. ft. 4.65 2 in. I in. 90 % (one foot above main basin and forebay) (combined volume of main basin and forebay) (volume detained above the permanent pool) '.(approximately 20% of total volume) (surface area to drainage area ratio from DWQ table) (2 to S day temporary pool draw -down required) .(minimum 85% required) Form SWU-102 Rev 3.99 Pa ,e 1 of 4 J Footnotes: a 1 When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious 90 and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements -per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural' Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is' attached: If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials !!`J@J'-- a. lDr, b. d. C. PIA h. j• k. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet) The forebay volume is approximately equal to 20% of the basin volume. - The temporary pool controls runoff from the design storm event. The temporary pool draws down in 2 to 5 days. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) The basin length to width ratio is,:greater than 3.1. The basin side slopes above the permanent pool are no steeper than 3:1. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). Vegetative cover above the permanent pool elevation is specified. A trash rack or similar device is provided for both the overflow and orifice. A recorded drainage easement is provided for each basin including access to nearest right- - of -way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin -is specified prior to use as a .wet detention basin. m. A mechanism is specified which will drain the basin for maintenance or an emergency. V JT61 pt 4 III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. - This system (check one) 0 does 0 does not incorporate a vegetated filter at the outlet. This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Permit No. (to be provided bi, DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQQStormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Madisen Parke Contact Person: sunnie G. sallou Phone Number: ( 252 726-6811 For projects with multiple basins, specify which basih-this worksheet applies to: _ 2 elevations Basin Bottom Elevation _ 3.70 ft. Permanent Pool Elevation 10.20 ft. Temporary Pool Elevation 11.71 ft. areas Permanent Pool Surface Area 16746 sq. ft. Drainage Area 12.25 ac. Impervious Area (design) 7.35 ac. volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters S A/DA 1 Diameter of Orifice Design Rainfall Design TSS Removal 2 Form SWU-102 Rev 3.99 16015 46575 -cu. ft. 28624 cu, ft. 8603 cu. ft. 2.9__ 2 1 .F (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) :(on -site and off -site drainage to the basin) (on -site and off -site drainage to the basin) - (one foot above main basin and foreba ) (combined volume of main basin and forebay) (volume detained above the permanent pool) (approximately20% of total volume)' ` (surface area to drainage area ratio from DWQ table) in. ..V to 5 day temporary pool draw -down required) in. % {minimum 85% required) Noe 1 of 4 N Footnotes: 1 When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDFNR $MP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements -per the Storrnwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural': Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and .supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit' Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. b. C. � - d. e. W1 A f. g- ri1 h. �i. _L- j. k. 1 The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). The forebay volume is approximately equal to 20% of the basin volume. The temporary pool controls runoff from the design storm event. The temporary pool draws down'in.2 to 5 days. If required, a 30-foot vegetative filter is provided at -the outlet (include non -'erosive flow calculations) The basin length to width ratio is.:greater than 3:1. The basin side slopes above the permanent pool are no steeper than 3.1. A submerged and vegetated perimeter shelf with a slope of 6.1 or less (show detail). Vegetative cover above the permanent pool elevation is specified. A trash.rack or similar device is provided for both the overflow and orifice. A recorded drainage easement is provided for each basin including access to nearest right- of-way. If the basin is used for sediment and erosion control during construction, clean out •of the basin is specified prior to use as a .wet detention basin. m. A mechanism is specified which will drain the basin for maintenance or an emergency. rr�s� &E PuYnpL.D III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does 0 does not incorporate a vegetated filter at the outlet. This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay. Farm SWU-102 Rev 3.99 N Pane 2 of 4 .I I Permit No. SW 3 q1 (U 74- (ro be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied far use as an original DWQ_Stormwater Management Plan Review: A complete stormwater management plan submittal, includes an application form, a wet detention basin supplement for each basin, design calculations, and -plans and specifications showing all .basin and outlet structure details. 1. PROJECT INFORMATION Project Name: Madisen Parke Contact Person: Sunnie G. Ballou Phone Number: 252 726-6811 For projects with multiple basins, specify which basin this worksheet applies to: 3 elevations Basin Bottom Elevation 4.55_ ft. '(floor of the basin) Permanent Pool Elevation _ 9.55 ft. (elevation of the orifice) Temporary Pool Elevation _ 10.63 ft. (elevation of the discharge structure overflow) areas Permanent Pool Surface Area 7054 sq. ft. (water surface area at the orifice elevation) Drainage Area 2,23 ac. :(on -site and off -site drainage to the basin) Impervious Area (design) 2.12 ac. (on -.rite and off -site drainage to the basin). volumes 6592 one foot above main basin and forebay) Permanent Pool Volume 13866 -cu. ft. combined volume of main basin and forebay) Temporary Pool Volume 8792 cu. ft. (volume detained above the permanent pool) Forebay Volume 2770 cu. ft. (approximately 20% of total volume) Other parameters SA/DA 1 Diameter of Orifice Design Rainfall Design TSS Removal '- Form SWU-102 Rev 3.99 6.9 _ (surface area to drainage area ratio from DWQ table) 1.5 in. -(2 to 5 day temporary pool draw -down required) 1 in. 90 % .,(minimum 85% required) Page I of 4 Footnotes: t When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. . In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements -per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial- in the space provided to indicate the following design requirements have been met and supporting documentation is attached: If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach. justification. Applicants Initials _d<< a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 201/o of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is. -greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detaiI). i. Vegetative cover above the permanent pool elevation is specified. 3. A trash rack or similar device is -provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. P JA m. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT . The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does 0 does not incorporate a vegetated filter at the outlet. This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Permit No. Sw3 g110 4 (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources . Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION_ BASIN SUPPLEMENT This form may be photocopied for use as an original DW _Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: Madisen Parke Contact Person: - slnie Q. Ballou- Phone Number: (252 - ) 726-6811^_ For projects with multiple basins, specify which basin:this worksheet applies to: 4 elevations Basin Bottom Elevation 7.50_ _ ft. Permanent Pool Elevation 12.50 ft. Temporary Pool Elevation 13.54 ft. areas . Permanent Pool Surface Area 6020 sq. ft. Drainage Area 2.22 ac. Impervious Area (design) 1.89 ac. volumes 5582 Permanent Pool Volume 11381 cu. ft. Temporary.Pool Volume 7300 cu. ft. Forebay Volume 2145 -cu. ft. Other parameters SA/DA1 6.1 Diameter of Orifice 1.5 in. Design Rainfall 1 in. Design TSS Removal 2 90 :.(floor of the basin) .(elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) _ (on-site,and off -site drainage to the basin) . (bn-site and off -site drainage to the basin)... (one foot above main basin and forebay) .(combined volume of main basin and forebay) (volume detained above the permanent pool) .(approximately 20% of total volume) . .(surface area to drainage area ratio from DWQ table) (2 to 5 day temporary pool draw -down required) '(minimum 85% required) Form SWU-102 Rev 3.99 Page 1 of 4 Footnotes: When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. ' 2 In the 20 coastal counties, the requirement for a vegetative tiller may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST . The following checklist outlines design requirements -per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural': Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the -agent may initial below. If a requirement has not been met, attach ,justification. Ap' licants Initials a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal .to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. '��-- d. The temporary pool draws down in 2 to 5 days. e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow calculations) A f. The basin length to width ratio is.77,greater than 3:1. g. The basin side slopes above the permanent pool are no steeper than 3:1. 1ZJP�f N h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). i. Vegetative cover above the permanent pool elevation is specified. j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right- of-way. 1. If the basin is used for sediment drtd erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. }� m. A mechanism is specified which will drain the basin for maintenance or an emergency. IIi. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) 0 does 0 does not incorporate a vegetated filter at the outlet. This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay. Form SW U-102 Rev 3.99 N Page 2 of 4 STROUD ENGINEERING, P.A. Hestron Plaza Two 151-A Hwy. 24 MOREHEAD CITY, NC 28557 (919) 247-7479 TO n WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter IIEV7[gn O1F o e LJV�LILlU���Lz]L� DATE JOB NO. ATTENTION S, �n 1n 9 03 ❑ Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change order ❑ COPIES DATE NO. DESCRIPTION Cew i l 5 — h� -I— 3 I 1Zr� r Q is eJ- Le�ci✓� d If'►'r1 ,a`s le.,�v�^�^.n1'^~s l -Lt THESE ARE TRANSMITTED as checked below: ,❑� For approval �❑ +For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS l fQ ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections G ❑ Resubmit ❑ Submit _ ❑ Return copies for approval _copies for distribution corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US PRO,f k COPY TO 51GNED: If enclosures are not as noted, kindly notify us at once. RECEIVED FEB p 2 �99� STROUD ENGINEERING, P.A. HESTRON PLAZA TWO 151-A HWY. 24 MOREHEAD CITY, NORTH CAROLINA 28557 (919) 247-7479 Ms. Linda Lewis NCDEHNR Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 RE: Madisen Park Stormwater Management Plan Morehead City, Carteret County January 30, 1998 V� Dear Ms. Lewis, I am writing in response to your request for additional information on the Madisen Park Stormwater Management Permit Application. Although the January 5, 1998 deadline has expired for resubmittal, 1 ask that you please keep the application process on hold. i am working on the changes you requested and the resubmittal will be mailed to you soon. Thank you for your time, and if you have any questions please contact me. Sincerely, KGE/km Lcu islwpd 107 COMMERCE ST. SUITE B GREENVILLE, NC 27858 (919) 756-9352 LW Kris G. Edmondson, E.I.T. 3961 A MARKET ST. HESTRON PLAZATWO SUITE A 151-A HWY. 24 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557 (910) 815-0775 (919) 247-7479 State of North Carolina Depa tmi ent 6f Environment and Natural Resources Wilmington Regional Office James 13. Hunt, .Jr., Governor Wayne McDevitt, Secretary Division of Water Quality December 2, 1997 Mr. Ron Cullipher, P.E. Stroud Engineering 151-A Highway 24 Morehead City, NC 28557 Subject: ACKNOWLEDGEMENT OF RECEIPT AND REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 971034 Madisen Park Carteret County Dear Mr. Cullipher: The Wilmington Regional Office receiver] a Stormwater Management Pen -nit Application for Madisen Park on October 27, 1997. A preliminary review of that infonnation has determined that the application is not complete. The following inforination is needed to continue the stonnwater review: The orifice design for the outlet stnlcture will tend to cause clogging problems. With the maintenance record of most projects, I strongly urge you to redesign the outlet to eliminate the clogging potential by reversing the orifice as shown: —Tf2s► r� ak- 0 Z ,. PP 2. Provide a trash rack for the overflow from the weir. 3. Raleigh has recently recommended placing the 6:1 vegetated shelf just below the pennanent pool. For future projects, please place the shelf beginning at the permanent pool elevation, and extending underwater for the desired width. 4. Please breakdown the BUA for each pond o11 the application. 5. Locate the ponds in recorded accessldminage easements. 127 North Cardinal Dr., Wilmington, North C.aroGna 28405 Telephone 910-395-3900 . FAX 910-350-2004 An Equal 0pportunityAffirna.ative Action Employer 50% recycled/10`%. post -consumer paper Mr. Cullipher December 2, 1997 Storniwater Project No.- SW8 971034 ---------------------------------------------- 6. Please report the surface areas provided at the design pool elevation for each pond. 7. Please provide the forebay sizing calculations, indicating that a volume equivalent to 20 % of the first inch can be contained in the forebay area. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to January 5, 1998, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you have any questions concerning this matter please fee[ free to call me at (910) 395-3900. Sincerely, G[�lJ Ms. Linda Lewis Environmental Engineer RSS/arl: S:IWQSISTORMWATIADDINF01971034.DEC cc: Linda Lewis Central Files STROUD ENGINEERING, P.A. Hestron Plaza Two 151-A Hwy. 24 MOREHEAD CITY, NC 28557 (919) 247-7479 dIEUVIE 3 ®CP 4 U d MKOUMIL l0/aV97 DATE TO O / f } RE: OCT 3 1 1997 WE ARE SENDING YOU ❑ Attached ❑I erg ❑ Shop drawings ❑ Prints ❑ Copy of letter ❑ Change order ❑ Plans ❑ Samples JOB NO. the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION IC..`P ! U THESE ARE TRANSMITTED as checked below: For approval �or your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections 19 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US ro�C4;�C SIGNED: If enclosures are not as noted, kindly notify us at once. ' r . i � ... .. {' � .. ' _ � � •_ i ii•'f•i � i, � , { � `-�_: .._ - .. .-I �..� j S� ..'t, f �. _ _ � \._'..'.� l.. ,fa ` , i �• � -c r i �E ,�� i f f i � j ' r• , 1 t Narrative Madisen - Parke Erosion and Sedimentation Control Plan Stormwater Management Plan Morehead Township, Carteret County, North Carolina Octobcr 21, 1997 Client: CAGAAN, Inc. P.O. Box 900 Morehead City, N.C. 28557 (919) 726-6811 Engineer: Stroud Engineering, P.A. 151 A Hwy, 24 Morehead City, N.C. 28557 (919) 247-7479 S�ORMINAiER OCT 271991 u D P R 0 J Ronald D. Culli her P.E. bate INTRODUCTION Madisen Parke is a proposed 370 unit multi-farnily project located north of the Professional Park office complex off' of Bridges Street in Morehead City. The project is situated on a 29.93 acre parcel that has recently been timbered. The project will consist of eleven 24 unit three story structures with a lower level parking; area, six conventional 12 unit two story condominiums and thirty-four single family condominiums in two 8 unit buildings and two 9 unit buildings. The project has been submitted to the Town of Morehead and has received approval as a Pianrred-Unit-Development. REGULATORY REQUIREMENTS Development in the Coastal Counties of North Carolina have two primary State regulations in which compliance and permitting is required with respect to land disturbance and land improvements. The first requirement is to obtain an Erosion and Sedimentation Control Permit, which is administratively coordinated in the Wilmington Regional Office of the N.C. Division of Land Resources. The permit, once granted, requires that approved erosion and sedimentation control measures be followed including maintenance and possibly additional measures to ensure that offsite sedimentation and erosion does not occur. The second permit addresses Coastal Stormwater Runoff Regulations in accordance with 15 NCAC 2H.1000. The coastal stormwater regulations allow development under different situations to be be developed in one of three primary ways. This project will be constructed in accordance with wet -detention pond treatment criteria. SOIL TYPES The Carteret County Soil Survey conducted by the United States Department of Agriculture/Soil Conservation Service indicated two predominate soil types for this property. The first is Conetoe (CnB) and the second is Leon (Ln). These soil types consist of loamy fine sand and single grained uncoated sand. The concentration of this sandy material indicates a high susceptibility to erosion and sedimentation and the site must be carefully constructed. Protection measures must be installed and maintained to avoid erosion and sedimentation problems. LAND DISTURBING ACTIVITIES The site will have a variety of land disturbing activities over the estimated five year construction life of the project. Since the site has recently been timbered, the first activity per construction phase will be stump removal. Following stump removal various activities will be required including preliminary grading, utility construction, building pad preparation and final grading. EROSION.AND SEDIMENTATION CONTROL MEASURES The first erosion and sedimentation control measure is to limit the size of construction phase so that grading activities are minimized. While the exact sequence of construction has as of yet not been determined the general feeling is that phase I will include construction of Penny Lane from the south end of the project northward to John Platt Drive, construction of John Platt Drive form the intersection of Penny Lane eastward to the property line and the unit construction associated within that block. Phase I would contain approximately 6.7 acres and all remaining phases would be less than this acreage. Therefore, the maximum land disturbance activety at any given time shall not exceed 6.7 acres, and further construction shall not comrrnentce until such time as a full stand of grass is established and development completed in any earlier phase. The additional erosion and sedimentation control measures shall be in accordance with the plans and shall generally consist of the installation of stone construction entrances at points of ingress and egress to the property, the installation of silt fence and silt traps at drop inlets and catch basins, the construction of storm water wet -detention ponds doubling as temporary sediment traps, rip -rap energy dissipation devices and the seeding and mulching of all disturbed areas as soon as practical but in no case more than 30 days following completion of an activity in the particular area disturbed. Waiting for final completion of each phase will not be acceptable if a significant area ( greater than 0.5 acres ) has all activities completed. MAINTENANCE OF EROSION CONTROL AND SEDIMENTATION MEASURES The contractor shall implement the erosion and sedimentation control measures as shown on the plan. The contractors responsibility for maintaining these measures will be paramount to the construction contract and shall be undertaken as a priority to all other construction related activities. The engineer shall have the right to suspend all construction work without harm to the owner until all erosion and sedimentation control measures are installed ,maintained, or repaired.. The contractor shall inspect the project after all rain events for accumulation of sediment or erosion. All sediment shall be collected and disposed in an approved manner and any erosion shall be regraded and the site stabilized. It shall be the contractors responsibility to schedule construction activities which afford the greatest protection for the site. DESIGN ASSUMPTIONS The rational method was used as the design method. (Q=CIA) The runoff coefficient was 0.70. The design storm is 10 years. The intensity utilized in all calculations is 7.23 "/hr. STROUD ENGINEERING, P.A. Hestron Plaza Two 151-A Hwy. 24 MOREHEAD CITY, NC 28557 (919) 247-7479 TO NCDEHNR Division of Water Oualit 127 Cardinal Drive Extension Wilmington,-N.C. 28405-3845 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ 112UTIM ®U Cff o IJV@LJVLILJUU11 RECEIVED NOV 0 6 1997 DATE November 4, 1997 JOB No. PM-776-1 ATTENTION Linda Lewis RE: Madisen Parke the following items: 0 Samples 0 Specifications COPIES DATE NO. DESCRIPTION 385.00 Check (Replacement for $400.00 check THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ll For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections p� As discussed. ❑ Resubmit ❑ Submit — El Return copies for approval _ copies for distribution corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: Kim Murdoch If enclosures are not as noted, kindly notify us at once. . _ �, i .. 'l, , - �� .�. STROUD ENGINEERING, P.A. HESTRON PLAZA TWO 151-A HWY. 24 MOREHEAD CITY, NORTH CAROLINA 28557 June 14 1999 (252)247-7479 Ms. Linda Lewis STORMWATER NCDENR- Division of Water Quality 127 Cardinal Drive Ext. Wilmington, N.C. 28405 Re: Madisen Parke Stormwater Project No, SW8 971034 Carteret County Ms. Lewis: E C E l V E JUN 16 1999 PRW # � �U We are submitting the enclosed materials for your continued review of the Madisen Parke project. As you are aware, the original stormwater application submittal date was October 27, 1997. We received your December 2, 1997 letter requesting additional information and there has been no further correspondence. You may recall that this project was placed on hold to address wetlands issues with the COE and the State wetlands group. The original stormwater management plan was revised to allow for stormwater to enter the wetlands north of buildings 1004 and 1007. As a result, the size of wet detention pond no. 3 changed to account for a smaller quantity of runoff due to the plan revision for the building units 1004 and 1007. In addition to the changes due to the wetlands issue, other changes in the site plan were encountered. The location of Penny Lane was shifted 12 feet west of the location on the original site plan. This relocation of Penny Lane affected other aspects of the site plan and the stormwater management plan. We have revised the plans for the project to accommodate for the new road location. The changes in the site plan slightly affected the design for the stormwater detention ponds. Revised design calculations for the ponds are enclosed. Where possible, original design parameters were left unchanged as long as the design remained sufficient or beyond sufficient. The most updated state design requirements have been met except in some cases for the basin length to width ratio requirement of 3:1, which was not required at the time of the original design. file: CWPSlmadsw.wpd 107 COMMERCE ST. 3961 A MARKET ST. HESTRON PLAZA TWO SUITE B SUITE A 151-A HWY. 24 GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 26557 (252) 756-9352 (910) 815-0775 (252) 247-7479 Ms. Lewis June 14, 1999 page 2 We have also addressed your original comments from the December 2, 1997 letter as follows: 1. The orifice configuration has been modified as shown on the revised details. 2. Trash racks have been added and shown on the revised details. 3. The BUA has been broken down on the revised application. 4. The access/drainage easements for the ponds are shown on the revised plans. 5. The surface area at the design pool elevation has been provided. 6. Pond volume calculations showing the 20% forebay volume requirement have been provided. At this time we are asking for your review of the enclosed revised materials for stormwater plan approval. We appreciate the continued review of this project. Please call us with any questions. Sincerely, Ronald D. Cullipher, P.E. cc: Sunnie Gail Ballou File: CWP8lmadsw.wpd State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office - James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality CERTIFIED MAIL Z 312 636 697 RETURN RECEIPT REQUESTED Ms. Sunnie Gail Ballou Cagaan, Inc. PO Box 900 Morehead City, NC 28557 Subject Dear Ms. Ballou: A4A •a NCDENR NORTH .,. AROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 29, 1997 REQUEST FOR STORMWATER MANAGEMENT PERMIT APPLICATION Madisen Parke Stormwater Project No. SW8 971034 Carteret County On October 27, 1997, the Wilmington Regional Office received a copy of the Notice of Receipt of an Erosion and Sedimentation Control Plan for Madisen Parke. The North Carolina Administrative Code requires any project that must receive either a Sedimentation and Erosion Control Plan permit and/or a CAMA major permit to apply for and receive a Stormwater Management Permit by the Division of Water Quality. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement action by this Office. Either a Stormwater Permit Application Package including 2 sets of plans, completed application form, fee, and supporting documentation, or a written response regarding the status of this project and the expected submittal date must be received in this Office no later than November 29, 1997, or the subject project file will be closed and construction may experience a subsequent delay. Please reference the Project Number above on all correspondance. If you have any questions, please call me at (910)-395-3900. Sincerely, ,00a Linda Lewis Environmental Engineer RSS/arl: S:IWQSISTORMWATISTORMSUB1971034.00T cc: Katrina Marshall, Carteret County Inspections `L`iffda-L-ewis:3 Central Files 127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Wilmington Regional Office Division of Land Resources Land Quality Section James B. Hunt, Jr., Governor Wayne McDevitt, Secretary October 27 1997� NOTICE OF RECEIPT OF EROSION & SEDIMENTATION CONTROL PLAN Cagaan, Inc. Ms. Sunnie Gail Ballou, President] P.O. Box 900 J Morehead City NC 28557 Dear Ms. Ballow This office has received a soil erosion and sedimentation control plan for the project listed below which was submitted as required by the North Carolina Sedimentation Pollution Control Act (NCGS 113A-57). Please be advised that this Act requires that all persons disturbing an area of one or more acres of land must obtain approval of a soil erosion control plan prior to the commencement of said land disturbing activity (NCGS 1 13A-54(d)(4)1. The act further states that this plan must be filed a minimum of 30 days prior to the activity and the approving authority must approve or disapprove the submitted plan within 30 . days of receipt. Failure of the approving authority to approve or disapprove the submitted plan within the 30 day period will be deemed approval of the plan. Commencement or continuation of a land -disturbing activity under the jurisdiction of this Act prior to the approval of an erosion and sediment control plan is a violation of the Act. This land disturbing activity described in this plan is also subject to the Environmental Management Commission's review of their regulations to implement stormwater controls in coastal counties (15 NCAC 2H Section .1000). Contact the Water Quality Supervisor of the Division of Environmental Management to ensure this activity is in conformance with their rules. If you have questions, please do not hesitate to contact this office. Your cooperation in this matter is appreciated and we look forward to working with you on this project. Si ere � CAM Miller Environmental Technician CNM1dbd cc: Ronald D. Cullipher, PE; Stroud Engineering WiRO-LQS PROJECT NAME: Madisen Parke PROJECT NUMBER: 971013CA LOCATION: Galantis/Brooks Street - Carteret County RIVER BASIN: White Oak SUBMITTED BY: Stroud Engineering DATE RECEIVED BY LQS: October 24, 1997 127 Cardinal Drive Extension, Wilmington, N.C. 21105,11345 • Telephone 910-395-IM • Fax 910-110-2004 An Equal Opportunity Affirmative Action Employer J