Loading...
HomeMy WebLinkAboutSW8050516_Current Permit_20160310Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY March 10, 2016 Mr. Randy Allen, President R.A. North Development, Inc. 3129 Springbank Lane Charlotte, NC 28226 PAT MCCRORY Governor DONALD R. VAN DER VAART secmtary TRACY DAVIS Director Subject: Approved Plan Revision & Request for Information for Permit Transfer Cannonsgate Stormwater Permit No. SW8 050516 Carteret County Dear Mr. Allen: Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). Additionally, the Department of Environment and Natural Resources (NC DENR) has been renamed the Department of Environmental Quality (DEQ). Permit references have been updated. On March 16, 2016, the Wilmington Regional Office received a request to revise the approved plans for Stormwater Management Permit Number SW8 050516. It has been determined that a formal permit modification is not required for the proposed changes. We are forwarding you an approved copy of the revised plans for your files. Additionally, now that the Plan Revision has been issued the Transfer Request that you submitted on June 15, 2015 can be accepted. It will formally be accepted on March 11, 2016. Additional information is needed to move forward with that request. Please see below. Plan Revision Chanaes: 1. Impervious Area: The impervious area has been re -allocated as summarized in Table 1. These changes are to reflect the access road added to Lots 60 and 61. Approval to fill the associated wetlands was approved on January 13, 2006 by General 401 Water Quality Certification #3402. Table 1: Impervious Summary 9/22/11 Plan Revision 3/10/16 Plan Revision Inside ORW/575ft Line Total Development Area Inside ORW/575ft Line Total Development Area Drainage Area: 2,370,036 10,989,360 2,370,036 10,989,360 54.41 252.28 54.41 252.28 25% Maximum Impervious Permitted: 592,509 2,747,340 592,509 2,747,340 Total Impervious Allocated: 592,509 2,747,340 592,509 2,747,340 On -Site Buildin s Lots 429,825 1636 225 429,825 1636 225 On -Site Streets 149,185 795,035 1-49,185 798.433 On -Site Sidewalks 4,327 77,244 4,327 77,244 On -Site Other 0 221,808 0 221,808 Future 9,172 17,028 9,172 13,630 ft2 ac ft2 ft2 ft2 ft2 ft2 ft2 ft2 State ofNorth Carolina I Enviromnental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington, NC 28405 March 10, 2016 Stormwater Application No. SW8 050516 Swales: See Attachment 1. Your engineer has assessed each swale in the subdivision and has recommended one of the following three actions for each swale. The actions summarized in Attachment 1 have been approved: a. Function as a Vegetated Area [per 15A NCAC 2H .1005(g) & (h)]: The regulations allow low density subdivisions which collect stormwater in curbs to discharge either to a curb outlet swale or to a vegetated area prior to discharging to vegetative filters or wetlands. The regulations also allow for alternative designs that provide equal or better stormwater control. The swales that have been found to perform better as vegetative areas had previously been permitted as curb outlet swales. Vegetated areas are shown on the plans to have a 100ft radius of the curb outlet/curb end and are bound by the edge of the pavement and any adjacent property boundaries. b. Remove Swale: Some swales have been determined to serve no function and have been removed from the plan. c. No Change: The remaining swales have been determined to be necessary, and remain on the plan unchanged. 3. Marina: During the assessment, five pipes were found discharging to the marina that were not on the approved plan. These pipes will be capped or otherwise rendered useless and the alternate configuration shown on the plans will be implemented. 4. Clubhouse: During the assessment, pipes draining the parking lot of the clubhouse were found. The pipes will remain in place, but the water will be treated as shown on the plan. This configuration is similar for the configuration for curb outlet swales which have been altered to function as vegetated areas. 5. Sheets: The following plan sheets make up a complete set. a. , Previously Permitted: Sheets 001, 004, and 006. b. Newly Permitted: i. Sheet 005 ii. Drainage Easements: Recorded with the Registrar of Deeds, Carteret County BK30/PG78 and BK30/PG832. Future Actions & Request for Additional Information for Permit Transfer: The Division understands that you intend to transfer responsibility to the Homeowners Association (BOA). The following steps are necessary to move forward with that process. Please respond to Item 1 below on or before May 10, 2016: 1.) Swale Discussion with the HOA: a. The Division understands that there are some swales which are not installed, but are not needed until the homes in the area are constructed. The Division also understands that all parties may be interested in postponing swale installation until after the homes are constructed. This is because if the swales are installed now, they will likely be destroyed by construction and will have to be re -built at a later date. Once you have worked through the details of this arrangement, please create a legal document between R. A. North Development Inc., the HOA, and the impacted lot owners (if applicable) which accomplishes all of the following: i. Identify the impacted swales. ii. Specifies who is responsible for the swale installation. 1. Please specify the responsible party for swales on lot lines between to homes. 2. Please specify the responsible party for all other swales as well. iii. Specifies that the swale will be installed prior to the Certificate of Occupancy is issued for the impacted lots. If the swale is between two homes please specify that the swale will be installed with the first house. Page 2 of 4 ` March 10, 2016 Stormwater Application No. SW8 050516 iv. Specifies the design(s) of the swale(s) that need to be installed so that the responsible party will understand what to build. v. Specify who will be responsible for certifying that each swale was installed in substantial compliance with the permit conditions. vi. Legally link this document to each impacted lot. b. Please note that this is optional. If you choose this option, please submit a copy of the legal document to the Division for approval on or before May 10, 2016. This option is intended to provide flexibility. It is not intended to be a means to delay the overall process. The Division will review the document. If the document is approved, the Division will issue a Permit Correction referencing that document in the permit text. 2.) In -Field Changes: All physical changes to the project will be completed. 3.) Certification: The project needs to be in compliance prior to transferring the permit, and a certification is a permit requirement. Please submit the certification referencing the legal agreement discussed above. Please clarify in the certification that the swales which will have postponed development are not necessary until the homes adjacent to them are constructed and that those swales will be certified at a later date per the legal agreement. 4.) Permit Transfer: A Name/Ownership Change form has been submitted. Once the project is found to be in compliance and the following administrative items are addressed, the permit will �e u ansferred tc the I30A: a. Please submit documentation of the HOA's legal name as registered through the NC Secretary of State. Please also submit a copy of the most recent meeting minutes showing the appropriate HOA President. The transferred permit will be addressed to that individual. b. The following documentation is also needed for permit transfers, but has already been submitted: i. Name/Ownership Change Form ii. Documentation showing that at least 50% of the homes have been sold to entities other than R.A. North Development, Inc. iii. Copies of the common area deeds showing that the HOA owns those areas. iv. Recorded deed restrictions. v. O&M Agreement. 5.) Potential Future Flood Control Actions by the HOA: The Division understands that the HOA has flooding concerns for some streets and for an amenity pond. Unfortunately, the Division does not have the authority to regulate flooding, and therefore flooding is not a violation of the State Stormwater permit. If there are parts of the State Stormwater system that can be enhanced to improve ponding or flooding conditions, then please work with your engineer to identify potential solution(s). Then, contact the Division so that we can work together to determine methods to implement those solutions through permitting. R. A. North Development, Inc. is not required to address flooding concerns under this permit, and so this is an issue that the HOA will need to look into and be prepared to implement once the HOA becomes the permittee. Please understand that the approval of this revision to the approved plans and to the permit for the subject State Stormwater project is done on a case -by -case basis. Any other changes to this project must be approved through this Office prior to construction. The issuance of this plan revision does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. Page 3 of 4 March 10, 2016 Stormwater Application No. SW8 050516 If you have any questions concerning this matter, please do not hesitate to call me at (910) 796-7215. Sincerely, Kel yTohns�on_..� Environmental Engmeer� DS\kpj`.._ \\\Stormwater\Permits & Projects\2005\050516 LD\2016 03 permit_pr 050516 enc: Attachment 1: Summary of Swale Changes Approved by Plan Revision cc: Caleb Wright, PE, Inspector, Town of Cape Carteret County Building Inspections Wilmington Regional Office Page 4 of 4 State Stormwater Management Systems Permit No. SW8 050516 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY SUBDIVISION WITH A CURB OUTLET SWALE SYSTEM 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 R. A. North Development, Inc. Cannonsgate at Bogue Sound NC Highway 24, Cape Carteret, Careteret County FOR THE construction, operation and maintenance of a 25% low density subdivision with a curb outlet swale system in compliance with the provisions of 1.5A NCAC 2H .1000, effective September 1, 1995 (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 Energy, Mineral and Land Resources and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. Each of the 525 is limited to a maximum amount of built -upon area as indicated in- Attachment D of this permit. CAMA regulations may reduce the allowable built - upon area for those lots within the AEC. 2. The overall tract built -upon area percentage for the project must be maintained at 25%, per the requirements of Section .1005 of the stormwater rules. 3. This project proposes a curb outlet system. Each designated curb outlet swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 �H:V) side slopes or flatter, have a longitudinal slope no steeper than 5 /o, carry the flow from a 10 year storm in a non -erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 4. No piping shall be allowed except those minimum amounts necessary to direct runoff beneath an impervious surface such as a road or under driveways to provide access to lots. 5. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be vegetated with side slopes no steeper than 3:1 (H:V). 6. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. Page 6 of 11 State Stormwater Management Systems Permit No. SW8 050516 7. For projects within Y2 mile of SA waters, direct discharges are not allowed. Discharge to a vegetated or natural area capable of providing effective infiltration for the 1 year 24 hour storm shall not be considered a direct discharge. 8. You have the option to create a legal document detailing a plan to delay the installation of some swales. This option expires on May10, 2016, and is subject to the Division's approval. II. SCHEDULE OF COMPLIANCE 1. No person shall alter the approved stormwater management system or fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system unless and until the permittee submits a modification to the permit and receives approval from the Division of Energy, Mineral and Land Resources. 2. The maximum built -upon area assigned to each lot via this permit and the recorded deed restrictions may not be increased or decreased by either the individual lot owner or the permittee unless and until the permittee notifies the Division of Energy, Mineral and Land Resources and obtains written approval from the Division. At a minimum, this will require a minor permit modification. 3. Curb outlet swales, vegetated areas and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface, per the approved plans 4. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 5. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and re -vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader mechanism. g. Maintenance of level spreaders. 6. 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 or to the drainage 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. Filling in, piping, or altering any vegetative conveyance shown on the approved plan. Page 7 of 11 State Stormwater Management Systems Permit No. SW8 050516 g. The development of any future area or additional phase(s) noted on the approved plans. The modification must demonstrate that the built -upon area does not exceed the maximum amount permitted under this permit and that it meets the intent of low density development per the stormwater rules and available guidance. 7. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Energy, Mineral and Land Resources, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 8. The permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. The permittee shall submit the Certification to the Division within 30 days of completion of the project. 9. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 10. Each lot in the subdivision covered by this permit will maintain a minimum 30 feet wide vegetative buffer between all impervious areas and surface waters. 11. All roof drains must terminate at least 30 feet from the Mean High Water mark. 12. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. 13. Recorded deed restrictions must include, at a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 050516, as issued byy the Division of Energy, Mineral and Land Resources 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 Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. f. The maximum built -upon area per lot is as defined in Attachment D. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons. h. Ft r those lots within the CAMA Area of Envirunmentai Concern, where DCM calculates a different maximum lot built -upon area, the governing maximum lot BUA shall be the more restrictive of the two amounts. Page 8 of 11 State Stormwater Management Systems Permit No. SW8 050516 i. Filling in, piping or altering any designated 5:1 curb outlet swale or vegetated area associated with the development is prohibited by any persons. j. A 30' vegetated buffer must be maintained between all built -upon area and the Mean High Water line of surface waters. k. All roof drains shall terminate at least 30' from the Mean Hiah Water mark. I. Each designated curb outlet swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 14. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. 15. 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. 16. Prior to transfer of ownership, the swales must be inspected and determined to be in compliance with the permit. Any deficiencies will be repaired or replaced prior to the transfer. 17. The final plats for the project will be recorded showing all required easements and common areas, in accordance with the approved plans. III. GENERAL CONDITIONS Failure to abide'by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Energy, Mineral and Land Resources, in accordance with North Carolina General Statutes 143- 215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and re -issuance of the permit to change the name and incorporate such other requirements as may be necessary. A completed Name/Ownership Change form, signed by both parties, must be submitted to the Division of Energy, Mineral and Land Resources accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits, and may or may not be approved. Page 9 of 11 State Stormwater Management Systems Permit No. SW8 050516 6. The permittee is responsible for compliance with all the terms and conditions of this permit until the Division approves the permit transfer. Neither the sale of the project nor the transfer of common area to a third party constitutes an approved transfer of the stormwater permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances imposed by other government agencies (local, state and federal), which have jurisdiction. 8. The permittee grants permission to DEQ Staff to enter the property during normal business hours for the purposes of inspecting the stormwater control system and its components. 9. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. 10. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Permit revised and re -issued this the 10th day of March 2016 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 10 of 11 State Stormwater Management Systems Permit No. SW8 050516 Appendix D (14 Pages) Page 11 of 11 , , Caponsgate at Bogus Sound II. BUILT UPON AREA - SUPPLEMENT FORM & SUPPORTING DOCUMENTATION Total Develonmant Area LOT NUMBER L^T AREA SQ. F LOT AREA ACRES VESTED IMPERVIOUS AREA SQ. FT AREA 1 10,395 0.24 3,200 Blue 2 10,505 0.24 3,200 Blue 3 10,302 0.24 3,200 Blue 4 9,000 0.21 3,200 Blue 5 9,148 0.21 3,200 Blue 6 10,903 0.25 3,200 Blue 7 11,935 0.27 3,200 Blue 8 12,662 0.29 3,200 Blue 9 12,710 0.29 3,200 Blue 10 12,724 0.29 3,200 Blue 11 12,701 0.29 3,200 Blue 12 12,867 0.30 3,200 Blue 13 13,143 0.30 3,200 Blue 14 13,322 0.31 3,200 Blue 15 13,155 0.30 3,200 Blue 16 13,501 0.31 3,200 Blue 17 11,703 0.27 3,200 Blue 10 9,955 0.23 3,200 1 Blue 19 9,922 0.23 3,200 Blue 20 10,825 0.25 3,200 Blue 21 14,753 0.34 3,200 Blue 22 11,240 0.26 3,200 Blue 23 10,456 0.24 3,200 Blue 24 10,456 0.24 3,200 Blue 25 10,456 0.24 3,200 Blue 26 10,456 0.24 3,200 Blue 27 10,031 0.23 3,200 Blue 28 8,957 0.21 3,200 Blue 29 8,863 0.20 3.200 Blue 30 12,879 0.30 3,200 Blue 31 9,741 0.22 3,200 Blue 32 8,975 0.21 3,200 Blue 33 8,985 0.21 3,200 Blue 34 8,995 0.21 3,200 Blue 35 10,214 0.23 3,200 Blue 36 11,995 0.28 3,200 Blue 37 12,234 0.28 3,200 Blue 38 12,254 0.28 3,200 Blue 39 11,051 0.25 3,200 Blue 40 14,519 0.33 3,200 Blue 41 18,004 0.41 3,200 Blue 42 13,887 0.32 3,200 Blue 43 13,235 0.30 3,200 Blue 44 13,262 0.30 3,200 Blue 45 10,260 0.24 3,200 Blue Form SWU-104 Version 3.99 Total Development Area Attachment D . Caponsgate at Bogue Sound 46 9,488 0.22 3,200 Blue 47 9,488 0.22 3,200 Blue 48 9,365 0.21 3,200 Blue 49 9,000 0.21 3,200 Blue 50 9,000 0.21 3,200 Blue 51 9,000 0.21 3,200 Blue 52 12,667 0.29 3,200 Blue 53 10,048 0.23 31200 Blue 54 9,626 0.22 3,200 Blue 55 10,000 0.23 3,200 Blue 56 9,763 0.22 3,200 Blue 57 9,626 0.22 3,200 Blue 58 10,046 0.23 3,200 Blue 59 10,691 0.25 3,200 Blue 60 13,002 0.30 3,200 Blue 61 12,139 0.28 3,200 Blue 62 9,626 0.22 3,200 Blue 63 9,890 0.23 3,200 Blue 64 9,884 0.23 3,200 Blue 65 9,606 0.22 3,200 Blue 66 10,046 0.23 3,200 Blue 67 10,663 0.24 3,200 Blue 68 9,143 0.21 3,200 Blue 69 9,677 0.22 3,200 Blue 70 9,677 0.22 3,200 Blue 71 9,677 0.22 3,200 Blue 72 9,677 0.22 3,200 Blue 73 9,677 0.22 3,200 Blue 74 9,677 0.22 3,200 Blue 75 9,677 0.22 3,200 Blue 76 • 9,677 0.22 3,200 Blue 77 9,677 0.22 3,200 Blue 78 9,677 0.22 3,200 Blue 79 9,677 0.22 3,200 Blue 80 9,677 0.22 3,200 Blue 81 9,677 0.22 3,200 Blue 82 9,677 0.22 3,200 Blue 83 9,677 0.22 3,200 Blue 84 9,677 0.22 3,200 Blue 85 9,677 0.22 3,200 Blue 86 9,677 0.22 3,200 Blue 87 9,677 0.22 3,200 Blue 88 9,677 0.22 3,200 Blue 89 10,006 0.23 3,200 Blue 90 10,006 0.23 3,200 Blue 91 10,006 0.23 3,200 Blue 92 10,006 0.23 3,200 Blue 93 10,006 0.23 3,200 Blue 94 10,006 0.23 3,200 Blue 95 10,276 0.24 3,200 Blue 96 10,006 0.23 3,200 Blue 97 10,006 0.23 3,200 Blue Form SWU-104 Version 3.99 Total Development Area Attachment D L - Canonsgate at Bogue Sound 98 10,006 0.23 3,200 Blue 99 10,006 0.23 3,200 Blue 100 10,006 0.23 3.200 Blue 101 9 720 0.22 3,200 Blue 102 11,147 0.26 3,200 Blue 103 14,766 0.34 3,200 Blue 104 9,180 0.21 3,200 Blue 105 9,180 0.21 3,200 Blue 106 9,180 0.21 3,200 Blue 107 9,611 0.22 3,200 Blue 108 9,633 0.22 3,200 Blue 109 14,527 0.33 3,200 Blue 110 14,307 0.33 3,200 Blue 111 14,251 0.33 3,200 Blue 112 14,387 0.33 3,200 Blue 113 9,136 0.21 3,200 Blue 114 9,351 0.21 3,200 Blue 115 9,351 0.21 3,200 Blue 116 9,351 0.21 3,200 Blue 117 9,351 0.21 3,200 Blue 118 9,351 0.21 3,200 Blue 119 13,555 0.31 3,200 Blue 120 11,551 0.27 3,200 Blue 121 10,006 0.23 3,200 Blue 122 10,^u06 0.23 1 3,200 Blue 123 10,098 0.23 3,200 Blue 124 10,476 0.24 3,200 Blue 126 11.418 0.26 3,200 Blue 126 14,400 0.33 3,200 Blue 127 14,400 0.33 3,200 Blue 128 14,400 0.33 3,200 Blue 129 11,6391 0.27 3,200 Blue 130 13,132 0.30 3,200 Blue 131 9,000 0.21 3,200 Blue 132 9,017 0.21 3,200 Blue 133 8,417 0.19 3,200 Blue 134 9,000 0.21 3,200 Blue 135 10,200 0.23 3,200 Blue 136 9,000 0.21 3,200 Blue 137 9,000 0.21 3,200 Blue 138 9,000 0.21 3,200 Blue 139 9,000 0.21 3,200 Blue 140 9,000 0.21 3,200 Blue 141 9,000 0.21 3,200 Blue 142 10,013 0.23 3,200 Blue 143 10,707 0.25 3,200 Blue 144 10,707 0.25 _ _ 3,200 Blue 145 9,297 0.21 3,200 Blue 146 8,109 0.19 3,200 Blue 147 8,109 0.19 3,200 Blue 148 8,109 0.19 3,200 Blue 149 10,097 0.23 3,200 Blue Form SWU-104 Version 3.99 Total Development Area Attachment D Canonsgate at Bogue Sound 150 8,783 0.20 3,200 Blue 151 8,109 0.19 3,200 Blue 152 8,109 0.19 3,200 Blue 153 8,109 0.19 3,200 Blue 154 8,039 0.18 3,200 Blue 155 9,102 0.21 3,200 Blue 156 7,802 0.18 3,200 Blue 157 8,009 0.18 3,200 Blue 158 8,009 0.18 3,200 Blue 169 8,009 0.18 3,200 Blue 160 8,009 0.18 3,200 Blue 181 7,663 0.18 3,200 Blue 162 7,500 0.17 3,200 Blue 163 7,505 0.17 3,200 Blue 164 7,632 0.18 3,200 Blue 165 7,997 0.18 3,200 Blue 166 8,519 0.20 3,200 Blue 167 7,611 0.17 3,200 Blue 168 7,506 0.17 3,200 Blue 169 7,500 0.17 3,200 Blue 170 7,500 0.17 3,200 Blue 171 7,500 0.17 3,200 Blue 172 7,500 0.17 3,200 Blue 173 7,698 0.18 3,200 Blue 174 9,219 0.21 3,200 Blue 175 9,219 0.21 3,200 Blue 176 8,694 0.20 3,200 Blue 177 7,242 0.17 3,200 Blue 178 6,966 0.16 3,200 Blue 179 7,494 0.17 3,200 Blue 180 7,640 0.18 3,200 Blue 181 7,603 0.17 3,200 Blue 182 7,561 0.17 3,200 Blue 183 7,530 0.17 3,200 Blue 184 7,510 0.17 3,200 Blue 185 7,501 0.17 3,200 Blue 186 7,502 0.17 3.200 Blue 187 7,514 0.17 3,200 Blue 188 7,037 0.16 3,200 Blue 189 7,284 0.17 3,200 Blue 190 7,514 0.17 3,200 Blue 191 7,501 0.17 3,200 Blue 192 7,514 0.17 3,200 Blue 193 7,551 0.17 3,200 Blue 194 7,613 0.17 3,200 Blue 195 7,701 0.18 3,200 Blue 196 7,817 0.18 3,200 Blue 197 7,679 0.18 3,200 Blue 198 6,736 0.15 3,200 Blue 199 11,744 0.27 3,200 Blue 200 11,291 0.26 3,200 Blue 201 10,871 0.25 3,200 Blue Form SWU-104 Version 3.99 Total Development Area Attachment D Carponsgate at Bogus Sound 202 10,8001 0.25 3,200 Blue 203 1000 0.25 3,200 Blue 204 9,600 0.22 3,200 Blue 205 9,017 - 0.21 3,200 Blue 206 8,600 0.20 3,200 Blue 207 9,000 0.21 3,200 Blue 208 9,000 0.21 3,200 Blue 209 9,000 0.21 3,200 Blue 210 9,000 0.21 3,200 Blue 211 9,000 0.21 3,200 Blue 212 9,019 0.21 3,200 Blue 213 8,905 0.20 3,200 Blue 214 7,732 0.18 3,200 Blue 215 7,800 0.18 3,200 Blue 216 7,800 0.18 3,200 Blue 217 7,801 0.18 3,200 Blue 218 7,971 0.18 3.200 Blue 219 8,639 0.20 3,200 Blue 220 7,966 0.18 3,200 Blue 221 6,860 0.16 3,200 Blue 222 7,546 0.17 3,200 Blue 223 7,653 0.18 3.200 Blue 224 9,368 0.22 3,200 Blue 225 9,512 0.22 3,200 Blue 223 3,634 0.20 3,200 Blue 227 8,634 0.20 3,200 Blue 228 8,634 0.20 3,200 Blue 229 8,634 0.20 3,200 Blue 230 8,634 0.20 3,200 Blue 231 8,634 0.20 3,200 Blue 232 10,983 0.25 3,200 Blue 233 8,909 0.20 3,200 Blue 234 7,977 0.18 3,200 Blue 235 7,977 0.18 3,200 Blue 236 7,977 0.18 3,200 Blue 237 8,839 0.20 3,200 Blue 238 8,783 0.20 3,200 Blue 239 7,977 0.18 3,200 Blue 240 7,977 0.18 3,200 Blue 241 8,839 0.20 3,200 Blue 242 10,497 0.24 3,200 Blue 243 8,974 0.21 3,200 Blue 244 9,926 0.23 3,200 Blue 245 11,488 0.26 3,200 Blue 246 10,081 0.23 3,200 Blue 247 8,591 0.20 3,200 Blue 248 8,591 0.20 3,200 Blue 249 9,414 0.22 3,200 Blue 250 7,793 0.18 3,200 Blue 251 7,793 0.18 3,200 Blue 252 7,79310.18 3,200 Blue 253 7,7931 0.18 1 3,200 Blue Form SWU-104 Version 3,99 Total Development Area Attachment D r , Canonsgate at Bogus Sound 254 7,793 0.18 3,200 Blue 255 7,793 0.18 3,200 Blue 256 7,793 0.18 3,200 Blue 257 7,854 0.18 3,200 Blue 258 .8,148 0.19 3,200 Blue 259 8,579 0.20 3,200 Blue 260 8,883 0.20 3,200 Blue 261 7,640 0.18 3,200 Blue 262 7,081 0.16 3,200 Blue 263 6,793 0.16 3,200 Blue 264 6,360 0.15 3,200 Blue 265 5,839 0.13 3,200 Blue 266 5,406 0.12 3,200 Blue 267 5,093 0.12 3,200 Blue 268 5,413 0.12 3,200 Blue 269 5,404 0.12 3,200 Blue 270 6,078 0.12 3,200 Blue 271 5,384 0.12 3,200 Blue 272 5,810 0.13 3,200 Blue 273 6,351 0.15 3,200 Blue 274 6,872 0.16 3,200 Blue 275 7,356 0.17 3,200 Blue 276 9,456 0.22 3,200 Blue 277 9,386 0.22 3,200 Blue 278 9,419 0.22 3,200 Blue 279 9,452 0.22 3,200 Blue 280 9,485 0.22 3,200 Blue 281 8,594 0.20 3,200 Blue 282 11,028 0.25 3,200 Blue 283 9,339 0.21 3200 Blue 284 8,696 0.20 3200 Blue 285 8,245 0.19 3200 Blue 286 7,283 0.17 3200 Blue 287 6,320 0.15 3200 Blue 288 5,414 0.12 3200 Blue 289 6,447 0.15 3200 Blue 290 6,882 0.16 3200 Blue 291 7,500 0.17 3200 Blue 292 7,500 0.17 3200 Blue 293 7,429 0.17 3200 Blue 294 6,155 0.14 3200 Blue 295 6,199 0.14 3200 Blue 296 6,200 0.14 3200 Blue 297 6,200 0.14 3200 Blue 298 6,200 0.14 3200 Blue 299 6,200 0.14 3200 Blue 300 6,200 0.14 3200 Blue 301 6,200 0.14 3200 Blue 302 6,149 0.14 3200 Blue 303 11,363 0.26 3200 Blue 304 9,127 0.21 3200 Blue 305 7,770 0.18 2680 Red Attachment D Form SWU-104 Version 3.99 Total Development Area Canonsgate at Bogus Sound 306 7,856 0.18 - 2680 Red 307 8,059 0.19 2680 Red 308 7,565 0.17 2680 Red 309 6,6-14 u. 6 268U1 Red 310 6,124 0.14 2680 Red 311 5,987 0.14 2680 Red 312 5,676 0.13 2680 Red 313 4,985 0.11 2680 Red 314 6,765 0.16 2680 Red 315 7,319 0.17 2680 Red 316 7,683 0.18 2680 Red 317 7,871 0.18 2680 Red 318 7,888 0.18 2680 Red 319 7,736 0.18 2680 Red 320 7,408 0.17 2680 Red 321 6,894 0.16 2680 Red 322 6,169 0.14 2680 Red 323 5,199 0.12 2680 Red 324 4,288 0.10 2680 Red 325 4,929 0.11 2680 Red 326 5,355 0.12 2680 Red 327 5,378 0.12 2680 Red 328 6,397 0.15 2680 Red 329 6,4891 0.15 2680 Red 330 6.599 0.15 2680 Red 331 6,748 0.16 2680 Red 332 6,900 0.16 2680 Red 333 61996 0.16 2680 Red 334 7,821 0.18 2680 Red 335 6,560 0.15 2680 Red 336 7,000 0.16 2680 Red 337 7,000 0.16 2680 Red 338 7,000 0.16 2680 Red 339 7,000 0.16 2680 Red 340 6,914 0.16 2680 Red 341 7,058 0.16 2680 Red 342 7,000 0.16 2680 Red 343 7,000 0.16 2680 Red 344 7,000 0.16 2680 Red 345 6,822 0.16 2680 Red 346 5,847 0.13 2680 Red 347 7,908 0.18 3200 Blue 348 7,908 0.18 3200 Blue 349 7,908 0.18 3200 Blue 350 7,908 0.18 3200 Blue 351 7,908 0.18 3200 Blue 352 7,908 0.18 3200 Blue 353 7,908 0.18 3200 Blue 354 7,908 0.18 3200 Blue 355 7,908 0.18 3200 Blue 356 7,969 0.18 3200 Blue 357 7,628 0.18 3200 Blue Attachment D Form SWU-104 Version 3.99 Total Development Area Caaonsgate at Bogue Sound 358 7,607 0.17 3200 Blue 359 7,607 0.17 3200 Blue 360 7,607 0.17 3200 Blue 361 7,607 0.17 3200 Blue 362 1 7,607 0.17 3200 Blue 363 7,607 0.17 3200 Blue 364 7,607 0.17 3200 Blue 365 7,607 0.17 3200 Blue 366 7,280 0.17 3200 Blue 367 8,037 0.18 3200 Blue 368 9,184 0.21 3200 Blue 369 9,184 0.21 3080 Green 370 8,Q22 0.18 3080 Green 371 7,416 0.17 3080 Groan 372 8,539 0.20 3080 Green 373 8,276 0.19 3080 Gmnn 374 7,924 0.18 3080 Green 375 7,924 0.18 3080 Breen 376 7,924 0.18 3200 Blue 377 7,924 0.18 3200 Blue 378 7,924 0.18 3200 Blue 379 8,011 0.18 3200 Blue 380 8,011 0.18 3200 Blue 381 7,924 0.18 3200 Blue 382 1 7,9241 0. i 6 1 3200 Blue 383 7,924 0.18 3200 Blue 384 7,924 0.18 3200 Blue 385 7,924 0,18 3200 Blue 386 7,305 0.17 3200 Blue 387 7,865 0.18 3200 Blue 388 7,908 0.18 3200 Blue 389 7,908 0.18 3200 Blue 390 7,908 0.18 3200 Blue 391 7,908 0.18 3200 Blue 392 7,985 0.18 3200 Blue 393 19,431 0.45 3200 Blue 394 15,043 0.35 3200 Blue 395 13,918 0.32 3200 Blue 396 14,447 0.33 3200 Blue 397 15,835 0.36 3200 Blue 398 17,361 0.40 3200 Blue 399 17,410 0.40 3200 Blue 400 10,365 0.24 3200 Blue 401 9,164 0.21 3200 Blue 402 9,184 0.21 3200 Blue 403 10,803 0.25 3200 Blue 404 14,168 0.33 3200 Blue 405 15,385 0.35 3200 Blue 406 12,985 0.30 3200 Blue 407 10,531 0.24 3200 Blue 408 9,357 0.21 3200 Blue 409 8,909 0.20 3200 Blue Form SWU-104 Version 3.99 Total Development Area Attachment 0 Canonsgate at Bogue Sound 410 j 8,726 0.20 3200 Blue 411 9,018 0.21 3200 Blue 412 10,272 0.24 3200 Blue 413 11,273 0.26 3200 Blue 414 11,558 0.27 3200 Blue 415 11,480 0.26 3200 Blue 416 11,038 0.25 3200 Blue 417 14,880 0.34 3200 Blue 418 8,304 0.19 3200 Blue 419 7,935 0.18 3200 Blue 420 7,968 0.18 3200 Blue 421 8,537 0.20 3200 Blue 422 9,661 0.22 3200 Blue 423 10,342 0.24 3200 Blue 424 10,059 0.23 3200 Blue 425 10,562 0.24 3200 Blue 426 11,420 0.26 3200 Blue 427 10,914 0.25 3080 Green 428 9,830 0.23 3080 Green 429 9,082 0.21 3080 Greon 430 28,982 0.67 3080 Groon 431 13,513 0.31 3080 Grroon 432 12,330 0.28 3080 Groin 433 12,470 0.29 3080 Green 434 1 12,322 0.28 3080 Green 435 12,142 0.28 3080 Green 436 11,452 0.26 3080 Green 437 31,530 0.72 -5980L 16tM Groon 438 19,989 0.46 3080 Grccn 439 22,369 0.51 3080 Groen 440 16,091 0.37 3080 Gre,an _ 441 15,611 0.36 3080 Green 442 16,794 0.39 3080 Green 443 15,596 0.36 3080 Green 444 14,480 0.33 3080 Green 445 13,717 0.31 3080 Green 446 13,266 0.30 3080 Green 447 12,989 0.30 3080 Green 448 12,887 0.30 3080 Green 449 13,112 0.30 3080 Green 450 13,903 0.32 3080 Green 451 14,950 0.34 3080 Grain 452 15,772 0.36 3080 Grccn 453 16,588 0.38 3080 Green 454 17,447 0.40 3080 Green 455 18,097 0.42 3080 Green 456 18,554 0.43 3080 Green 457 18,850 0.43 3080 Green 458 19,066 0.44 3080 Green 459 19,133 0.44 3080 Green 460 19,1601 0.44 1 3080 Green 461 19,160 0.44 3080 Green Attachment D Form SWU-104 Version 3.99 Total Development Area Canonsgate at Bogue Sound 462 19,148 0.44 3080 Green 463 19,133 0.44 3080 Green 464 19,293 0.44 3080 Green 466 20,186 0.46 3080 Green 466 15,868 0.36 3080 Green 467 13,861 0.32 3080 Green 468 12,510 0.29 3080 Green 469 11,963 0.27 3080 Green 470 12,126 0.28 3080 Green 471 12,108 0.28 3080 Green 472 12,168 0.28 3080 Green 473 12,593 0.29 3080 Green 474 15,287 0.35 3080 Green 475 14,265 0.33 3080 Green 476 11,042 0.25 3080 Grr- n 477 10,803 0.25 3080 Green 478 11,111 0.26 3080 Green 479 10,202 0.23 3080 Green 480 15,005 0.34 3080 Green 481 19,572 0.46 3080 Green 482 14,756 0.34 3080 Green 483 9,442 0.22 2680 Red 484 10,817 0.25 2680 Red 485 11,3151 0.26 2680 Red 486 1 11,4341 0.26 1 2680 Red 487 11,552 0.27 2680 Red 488 11,668 0.27 2680 Red 489 11,791 0.27 2680 Red 490 12,105 0.28 2680 Red 491 12,813 0.29 2680 Red 492 12,729 0.29 2680 Red 493 11,397 0.26 2680 Red 494 10,230 0.23 2680 Red 495 9,251 0.21 2680 Red 496 8,447 0.19 2680 Red 497 7,803 0.18 2680 Red 498 7,302 0.17 2680 Red 499 6,931 0.16 2680 Red 500 6,652 0.15 2680 Red 501 6,373 0.15 2680 Red 502 6,159 0.14 2680 Red 503 6,581 0.15 2680 Red 504 7,581 0.17 2680 Red 505 8,964 0.21 2680 Red 506 7,706 0.18 2680 Red 507 7,482 0.17 2680 Red 508 8,015 0.18 2680 Red 509 9,761 0.22 2680 Red 510 9,200 0.21 2680 Red 511 6,846 0.16 2680 Red 512 6,363 0.15 2680 Red 513 15,078 0.35 2680 Red Attachment D Form SWU-104 Version 3.99 Total Development Area 10 Canonsgate at Bogus Sound 514 15,660 0.36 2680 Red 515 19,788 0.45 3080 Green 516 19,454 0.45 3080 Green 517 18,3891 0.42 3080 Green 518 17,709 0.41 3080 Green 519 17,308 0.40 3080 Green 520 16,949 0.39 3080 Green 521 16,635 0.38 3080. Green 522 18,731 0.43 3080 Green 523 19,296 0.44 3080 Green 524 20,535 0.47 3080 Green 525 24,393 0.56 3080 Green Total Number of Lots with vested area of 3200 sq.ft Total Number of Lots with vested area of 3080 sq.ft Total Number of Lots with vested area of 2680 sq.ft Total Number of Lots Total Lot Area (SQ. FT) Total Vested Impervious Area (SO. FT.) Total Vested Impervious Area Percentage 377 74 74 525 5,243,782 1,632,640 31.13% Attachment D Form SWU-104 Version 3.99 Total Development Area 11 Canonsgate at Bogue Sound II. BUILT UPON AREA - SUPPLEMENT FORM & SUPPORTING DOCUMENTATION Area Inside ORW Line LOT NUMBER LOT AREA SQ. FT LOT AREA ACRES VESTED IMPERVIOUS AREA SQ. FT AREA 306 7,770 0.18 2680 Red 306 7,866 0.18 2680 Red 307 8,059 0.19 2680 Red 308 7,565 0.17 2680 Red 309 6,514 0.15 2680 Red 310 6,124 0.14 2680 Red 311 5,987 0.14 2680 Red 312 5,676 0.13 2680 Red 313 4,985 0.11 2680 Red 314 6,765 0.16 2680 Red 315 7,319 0.17 2680 Red 316 7,683 0.18 2680 Red 317 7,871 0.18 2680 Red 318 7,888 0.18 2680 Red 319 7,736 0.18 2680 Red 320 7,408 0.17 2680 Red 321 6,894 0.16 2680 Red 322 6,169 0.14 2680 Red 323 5,199 0.12 2680 Red 324 4,288 0.10 2680 Red 325 4,929 0.11 2680 Red 326 5,355 0.12 2680 Red 327 5,378 0.12 2680 Red 328 6,397 0.16 2680 Red 329 6,489 _ 0.15 2680 Red 330 6,599 0.15 2680 Red 331 6,748 0.15 2680 Red 332 6,900 0.16 2680 Red 333 6,996 0.16 2680 Red 334 7,821 0.18 2680 Red 335 6,560 0.16 2680 Red 336 7,000 0.16 2680 Red 337 7,000 0.16 2680 Red 338 7,000 0.16 2680 Red 339 7,000 0.16 2680 Red 340 6,914 0.16 2680 Red 341 7,058 0.16 2680 Red 342 7,000 0.16 2680 Red 343 7,000 0.16 2680 1 Red 344 7,000 0.16 2680 1 Fled, 345 6,822 0.16 2680 Red, 346 5,847 0.13 2680 - Red; 369 9,184 0.21 3080 Oreei;; 370 8,022 0.18 3080 Green 371 7,416 0.17 3080 Gfoon Attachment D Form SWU-104 Version 3.99 Area Inside ORW Line Cimonagate at Bogue Sound 372 8,539 0.20 3080 Green 373 8 276 0.19 3080 Green 374 7,924 0.18 3080 Green 375 7,924 0J 8 3080 Green 427 10,914 0.25 3080 Green 428 9,830 0.23 3080 Green 429 9,082 0.21 3080 Green 430 28,982 0.67 3080 Green 431 13,513 0.31 3080 Green 432 12,330 0.28 3080 Green 433 12,470 0.29 3080 Green 434 12,322 0.28 3080' Green 435 12,142 0.28 3080 Green 436 11,452 0.26 3080 Green 437 31,530 0.72 3080 Green 438 19,989 0.46 3080 Grccn 439 22,369 0.51 3080 Green 440 16,091 0.37 3080 Gr fan 441 15,611 0.36 3080 Green 442 16,794 0.39 3080 Green 443 15,596 0.36 3080 Green 444 14,480 0.33 3080 Green 445 13,717 0.31 3080 Oroen 446 13,266 0.30 3080 Green 447 12,989 0.30 3080 Groan 448 12,887 0.30 3080 Green 449 13112 0.30 3080 Green 450 13,903 0.32 3080 Gu een 451 14,950 0.34 3080 (goon 452 15,772 0.36 3080 0- rccn 453 16,588 0.38 3080 Green 454 17,447 0.40 3080 Green 455 18,097 0.42 3080 Green 456 18,554 0.43 3080 Green 457 18,850 0.43 3080 Orton 458 19,066 0.44 3080 Green 459 19,133 0.44 3080 Green 460 19,160 0.44 3080 Groan 461 19,160 0.44 3080 Green 462 19,148 0.44 3080 Green 463 19,133 0.44 3080 Green 464 19,293 0.44 3080 Green 465 20,186 0.46 3080 Geor n 466 15,868 0.36 3080 Green 467 13,861 0.32 3080 Green 468 12,510 0.29 3080 Green 469 11,963 0.27 3080 Green 470 12,126 0.28 3080 Green 471 12,108 0.28 3080 Green 472 12,168 0.28 3080 Green 473 12,693 0.29 3080 Green 474 15,287 0.35 3080 Green Attachment D Form SWU-104 Version 3.99 Area Inside ORW Line Canonsgate at Bogue Sound 475 14,265 0.33 3080 Green 476 11,042 0.25 3080 Green 477 10,803 0.25 3080 Green 478 11,111 0.26 3080 Green 479 10,202 0.23 3080 Green 480 15,005 0.34 3080 Green 481 19,572 0.45 3080 Green 482 14,756 0.34 3080 Green 483 9,442 0.22 2680 Red 484 10,817 0.25 2680 Red 485 11,315 0.26 2680 Red 486 11,434 0.26 2680 Red 487 11,552 0.27 2680 Red 488 11,668 0.27 2680 Red 489 11,791 0.27 2680 Red 490 12,105 0.28 2680 Red 491 12,813 0.29 2680 Red 492 12,729 0.29 2680 Red 493 11,397 0.26 2680 Red 494M.7j803 0.23 2680 Red 495 0.21 2680 Red 496 0.19 2680 Red 497 0.18 2680 Red 498 0.17 2680 Red 499 6,9311 0.16 2680 Red 500 6,652 0.15 2680 Red 501 6,373 0.15 2680 Red 502 6,159 0.14 2680 Red 503 6,581 0.15 2680 Red 504 7,581 0.17 2680 Red 505 8.964 0.21 2680 Red 506 7,706 0.18 2680 Red 507 7,482 0.17 2680 Red 508 8,015 0.18 2680 Red 509 9,761 0.22 2680 Red 510 9,200 0.21 2680 Red 511 6,846 0.16 2680 Red 612 6,363 0.15 2680 Red 513 15,078 0.35 2680 Red 514 15,660 0.36 2680 Red 515 19,788 0.45 3080 Green 516 19,454 0.45 3080 Green 517 18,389 0.42 3080 Green 518 17,709 0.41 3080 Green 519 17,308 0.40 3080 Green 520 16,949 0.39 3080 Green 521 16,635 0.38 3080 Green 522 18,731 0.43 3080 Green 523 19,296 0.44 3080 Green 524 20,535 0.47 3080 Green 525 24,393 0.56 1 3080 Green Attachment D Form SWU-104 Version 3.99 Area Inside ORW Line State Stormwater Management Systems Permit No. SW8 050516 Attachment 1: Summary of Swale Changes Approved by Plan Revision Table. 1 - Surnmaty of Current Swale Determinations & Requested Revision -['urrent _ _ _ - T rmination Drainage Comment Veg' Delete Swale Area Area 1 Performs us well as or butter as vc etative area. x 2 Performs as well as or better as Negetative area. x_ _ 3 Performs as well as or better as ve etative area, x 4-- -.- Performs as well a¢ or better as vegetative area. x 5 Pcribrms as well as or better as vegetative area. x 6 Performs as well as or better as vegetative area. x 7 Performs no function. _ _ Perfo ms no function. Performs no Functitm. Performs nu function. _ Performs as well as or better as vegetative area. _.. x x 8 - - _ 9 - 10 x x 11 x _ 12 13 14 _ — Performs as well as or better as vegetative area. Performs as well as or better as vegetative area. Performs no function. Performs no function, _ - - x _ -_x - - - x _ 15 16 _ _. x Performs as well as or better as ve etative area. Performs no function. Performs no function. Performs no function. _ _.___ .... Swale required. Performs no function. Swale re uired� - x 17 19 — -. _ x 19 20 x x 21 22 x x 23 -�24 Performs as well as or better as vegetative area. Swale re uircd. _ x 25 Performs as well as or better as vegetative area. Curb outlet 25A added draining to V.A. W Swale required. performs as well as or better as ve etative area. Performs as well as or better as vegetative area. Curb outlet 28A added draining to V.A. x 26 - - � - 27 _ 28 x x - - _ 29 _ 36 Swale required. Swale required, x , — -- -l--- x 31 Swale required. — Swale re uired. `Swale required. - --- - --------- -- - x x 32 - 33 - - _- x, 34 _. Performs no function. - _ x x X - ' 35 Swale required. Performs no function. Performs as well as or better as M tatijc Perfuims as well as or better as vegetative area. Performs as well as or better ds v�e etative area. Performs no function. . "Totals 36 37 x _ 38 - 38A x _ 17 x 39 Page 5 of 11 Permit No. - 890308, (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORM[WATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H.1002(18). Low density requirements and density factors can be found in 15A NCAC 211.1005 through.1007. I. PROJECT INFORMATION Project Name CANNONSGATE AT BOGUE SOUND Contact Person: RANDY ALIEN - President Phone Number: ( 704 ) 321-0401 Number of Lots: 525 Allowable Built Upon Area Per Lot*: (SEE ATTACHMENT D) *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. II. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: • SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor - the appropriate percent built upon area divided by 100. • RA Road Area - the total impervious surface occupied by roadways. • OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots - the total number of lots in the subdivision. • BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. Form SWU-104 Rev 3.99 Page 1 of 2 (SA x DF) - RA - OA = BUA No. Lots Lot Calculation: (SEE ATTACHMENT D) III. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. Applicants Initials GW a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. G11 b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to sale of any lots. c. Built upon area calculations are provided for the overall project and all lots. d. Project conforms to low density requirements within the ORW AEC (if applicable). (15A NCAC 2H.1007(2)(b)) Form SWU-104 Rev 3.99 Page 2 of 2 Permit No. s e -8.90-308 State of North Carolina Department of Environment and Natural Resources Division of Water Quality (to be provided by D WQ) STORMWATER MANAGEMENT PERMIT APPLICATION FORM CURB OUTLET SYSTEM SUPPLEMENT FOR LOW DENSITY DEVELOPMENT WITH CURB AND GUTTER This form may be photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, a curb outlet system supplement, a low density supplement, design calculations, and plans and specifications showing all stormwater conveyances and curb outlet details. I. PROJECT INFORMATION Project Name CANNONS GATE AT BOGUE SOUND Contact Person: RANDY ALLEN - President Phone Number: ( 704) 321-0401 Curb outlets to (check one): ® Swale [] Vegetated Area II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A NCAC 211.1008. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached, If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. Curb outlets direct flow to a Swale or vegetated area. C < b. Swales or vegetated areas receiving curb outlet flow are designed to carry, at a minimum, the peak flow from the 10-year storm. r,� c. Flow velocity is non -erosive for peak flow from the 10-year storm event. d. Longitudinal slope of the Swale or vegetated area does not exceed 5%. e. Side slopes of the Swale or vegetated area are no steeper than 5-1 (horizontal to vertical). f. Length of swale or vegetated area is ? 100 feet. g. The system takes into account the run-off at ultimate built -out potential from all surfaces draining to the system (delineate drainage area for each Swale). h. Swales are located in recorded drainage easements. i. Grass type(s) for permanent vegetative cover specified on detail. 65w cob-va-, eb-r"' A4' dell — j. Swale detail provided on plans. Form SVIU-105 Ver3.99 Page 1 of 3 F In." DESIGN INFORMATION Complete the following table. If additional space is needed the information should be provided in the same format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State of North Carolina Erosion and Sediment Control Planning and Design Manual. Table 1. Swale Design Information Swale No. Drainage Area ac Impervious Area ac Grassed Area (ac) C Q (cfs VW10W s VWWW s Flow Depth ft l 2 3 4 5 6 7 8 9 10 lI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Form SWU- 105 Ver 3.99 Page 2 of 3 TABLE 1. Swale Design Information Swale No. Drainage Area (ac) Impervious Area ac Grassed Area ac c Q cfs Valhm (fps) Max V (fps) At 5% Flow Depth ft) At 1 % Flow Depth (ft) 1 1.38 0.95 0.43 0.779 7.522 4.5 2.72 0.55 0.75 2 1.38 0.95 0.43 0.779 7.522 4.5 2.72 0.55 0.75 3 0.56 0.3 0.26 0.695 2.723 4.5 1.44 0.38 0.51 4 0.56 0.3 0.26 0.695 2.723 4.5 1.44 0.38 0.51 5 0.67 0.42 0.25 0.745 3.493 4.5 1.68 0.42 0.56 6 0.67 0.42 0.25 0.745 3.493 4.5 1.68 0.42 0.56 7 1.21 0.51 0.7 0.632 5.352 4.5 2.2 0.49 0.66 8 1.32 0.23 1.09 0.496 4.582 4.5 1.99 0.46 0.62 9 1.95 0.4 1.55 0.513 7 4.5 2.6 0.54 0.73 10 1.31 0.38 0.93 0.56 5.131 4.5 2.14 0.48 0.65 11 0.58 0.18 0.4 0.571 2.317 4.5 1.3 0.36 0.48 12 0.68 0.21 0.47 0.57 2.713 4.5 1.44 0.38 0.51 13 1.01 0.26 0.75 0.542 3.829 4.5 1.78 0.43 0.58 14 1.62 0.21 1.41 0.471 5.345 4.5 2.19 0.49 0.66 15 1.28 0.29 0.99 0.525 4.701 4.5 2.02 0.46 0.63 16 1.67 0.42 1.25 0.538 6.293 4.5 2.43 0.52 0.7 17 1.92 0.71 1.21 0.604 8.124 4.5 2.85 0.57 0.77 18 2.07 0.46 1.61 0.522 7.567 4.5 2.73 0.56 0.75 19 1.85 0.25 1.6 0.474 6.143 4.5 2.39 0.51 0.69 20 1.75 0.51 1.24 0.56 6.864 4.5 2.56 0.54 0.72 21 0.98 0.18 0.8 0.501 3.437 4.5 1.85 0.41 0.56 22 1.81 0.71 1.1 0.616 7.802 4.5 2.78 0.56 0.76 23 3.56 0.98 2.58 0.551 13.741 4.5 3.96 0.69 0.94 24 1.53 0.42 1.11 0.551 5.901 4.5 2.33 0.51 0.68 25 3.44 0.5 2.94 0.48 11.557 4.5 3.55 0.65 0.88 26 1.91 0.42 1.49 0.521 6.965 4.5 2.59 0.54 0.73 27 0.53 0.21 0.32 0.618 2.293 4.5 1.29 0.35 0.48 28 2.75 0.63 2.12 0.526 10.126 4.5 3.27 0.62 0.84 29 1.52 0.4 1.12 0.545 5.796 4.5 2.31 0.5 0.68 30 2.33 0.61 1.72 0.544 8.873 4.5 3.01 0.59 0.8 31 3.15 0.51 2.64 0.489 10.784 4.5 3.4 0.63 0.86 32 2.8 0.69 2.11 0.536 10.497 4.5 3.34 0.63 0.85 33 1.63 0.43 1.2 0.545 6.22 4.5 2.41 0.52 0.7 34 0.92 0.24 0.68 0.543 3.5 4.5 1.68 0.42 0.56 35 1.88 0.6 1.28 0.576 7.574 4.5 2.73 0.56 0.75 36 1.03 0.23 0.8 0.523 3.77 4.5 1.76 0.43 0.58 37 1.44 0.32 1.12 0.522 5.264 4.5 2.17 0.48 0.66 38 1.4 0.55 0.85 0.616 6.038 4.5 2.37 0.51 1 0.69 IV. CURB OUTLET SYSTEM MAINTENANCE REQUIREMENTS 1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at anytime. 2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up, erosion, and trash accumulation. 3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment removal. 4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a timely manner based on the monthly inspections. 5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices and piping. 6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality. I acknowledge and agree by my signature below that I maintenance procedures listed above. I agree to notify changes to the system or responsible party. am responsible for the performance of the six DWQ of any problems with the system or prior to any Print Name and Title: /2jqw1 > ��,�r1 .�•GE/�/ i�iJc/r..-r Address: //0 GtJS 2641-0 ej Phone: ;;y ' 3,2 / - fJ,440 0 Date: Y- Z'56-- 0 .S Signature: �.•�d� /VME,1 1 Note: The legally responsible party should not be a homeowners assodation unless more than 50•0 of the lots have been sold and a resident oj1he subdivision has been n mted the president do hereby certify that Notary Public for the State of f►U `County of rr��,,-- Wdo%Q% M • A 11w personally appeared before me thiso% day of A005 and acknowledge the due execution of the forgoing infiltration basin maintenance Witness my hand and official seal, My commission expiresPecem6er 'I. �OO13 Form SVM-105 Ver3.99 Page 3 of 3 Low Density Residential Subdivisions with Curb Outlet Swales Deed Restrictions & Protective Covenances Cannonsgate at Bogue Sound Phase I, Lot #437 only In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater, Management Regulations, deed restrictions and protective covenants are required for Low Density Residential Subdivisions with curb outlet swales, where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the applicable regulation governing the density level. I, Randy Allen acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for Cannons -gate at Bogue Sound Phase I, Lot # 437 : 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 050516, as issued by the Division of Water Quality under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stonmwatermay not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum allowable built -upon area for Lot #437 is 6665 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. 7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built -upon area for that lot than is shown herein, the governing maximum built -upon area for that lot shall be the most restrictive of the two. 8. This project proposes a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (14:10 side slopes or flatter, have a longitudinal slope no steeper than 5%, cant' the flow from a 10 year storm in a non -erosive manner, and maintain a dense vegetated cover. 9. Filling in or piping of any vegetative conveyances (ditches, swa/es, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. 10. Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface waters. 11. All roof drains shall terminate at least 30* foot from the mean high water mark of surface waters. 12. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. _ *50 foot for projects l:,cated in the 20 coastal counties. CEIVIED FormDRPC-6 Rcv2 05Nov2009 Page 1 of JUL 13 2011 Low Density Residential Subdivisions with Curb Outlet Swales Deed Restrictions & Protective Covenances Signature: I, �azCf N�.L State of do hereby certify that Cannonsgate at Bogue Sound '04, Phase I, Lot #437 only M y Public in the lly appeared , before me this the Z O day of �I X-e- , 20LL-, and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL SignaturEk My Commission expires ( ^ c-;?, z-:) -D ECWPE4 RM unty,NC Nut 20, 2018 Form DRPC-6 Rev2 05Nov2009 Pagc 2 of 2 'Deu) '�CS1-Ac (l O M S exempted from the sssessmeop, charges sod dens created herein. The Board of Directors shad have the authority and standing, on behalf of the Association, to enforce io courts of competent jarisdlcrioo decisions of the Cotumioee established in Section I or this Article VM. This Article may not be amended without the Dodarant's wrhft consent, so long as the Declaraut awns any land sabjeu to this Declaration or subject to an,xx.i lon to this Declaration. No construction, which term shall Wade, wMM lustif MM, 9111 g, clearing. exeavadon, grading, and other else work, and m plantings or removal of plants, trees, or &Mtn shall take phtce except in strict compliance with this Ardck. until the requitement: hereof have been fitly met and oath the wduen approval of the Archinsatral Review Commitsw has been obmined. CW 1, AMhijomwaIRaykXC=Mj= The Architectural Ruview 00ID111itkC (ARC) shall have exclusive jurisdiction over all eoosttuctim on mW portion of the Properties, including but not Bolted to the audw ty to review and approve all proposed Sire plans showing whore lmprovemeasa arc to be erected. The ARC ahail prepare and, on behalf of The Board of Directory, shall promulgate Architectural Review Ctuiddises ('t3nideHOU") whirl' include the Application for Prdimitwy Architectural Review, the Application for Final Arcbkccmal Review, Caamonsgare at Bogne smW Guidelines Pattern. Book, Connonvile at Bogue Sewall Approved Plat List and such other Rala and Reguhuieos as the ARC drams necessary_ The Gotdermes, pattern Book. Plot Litt, Review Process and Rules and Regulstieme shall be tkose of the Association, and the ARC shag bane sole and fall sattbm* to prepare and m amend in its sole diaQetion Huse doemoeota. It shall mate Haem available to Oamerx, buWml and developers who seek to engage in devedopmennt of to construction. upon ail or any portion of the Subdivision and who shall a their %mradoms strictlY In accor&= therewith. As hog a Dechsant owns nay Lou which are Object to this Decluatioo or retains the right to add additk=d Phraes, the Deyckram r Mt = the VA to appoint all membeta of the ARC, which dwR consist of at least three (3). bur no mete don five (3) peraom. The membQa of the ARC do not have m be Owners. There shall be rso surreader of this right prior to that time except in a TarhWn inalrttmm in record" roam eor sated by Declarant. Upon the expiradon of snch right, the Board of Directors shell WOW the members, of the ARC. The ARC dM nitro have exclusive jnriadictioa ova modifications, additions, or si eeradons made on or to existing Leta, Hoffer Areas, Private Opera Spaces sad Common Arena. The right of approval herein rarer" d and grained shall include, wMWt dmiutioo, the right to dedgate or te.daigam which Lot line shall be the 'bunt' in the case when a Lot is bordered by more than one street. The ARC shall promulgate deu* d aramdards ad procedure govexalog its area of n:spoasibility w d practice. In addition d=CtD. the fbllow9ag shall aPP1Y: Plana and specifrutiaos showing the nature, kind, shape, color, size, materials and location of such modifiead=, additions, or alterations shall be submitted in advance to the ARC ror approval a to quality of worlammsWp sod design and it"Mooy of exterod design *M a xisdog sarucntres, and as to location in relation 0 surrounding sauxmes. tape fmiah grade elevitiem. No permission or approval shall be [egoist to repaint in accordance with an originally approved color sew, or it; rebuild In accardam with originally approved plans and apeciUmdons. Nothing contained hatein shall be coaitrued to limit the right of an Owner to remodel the hurior of his/her Dwelling or to paint do interior my color desired. In the event he ARC hiss to approve or to disapprove inch pimp or to request additional inf nation reasonably required within forty-i5ve (45) calendar days aria submission, the plan shall be dmnod approved; provided, however, that no SO& fallnrt to art shall be deemed an approval of say matters specirwaW prohibited by any other provision of thin Declaration. Relbaal or approval of plans, specifications, and plot plans or any of ihtan may be based on aqy gronutds, including purely aestWit grounds, which, in the sole and uncontrolled discretion of the ARC, may dean sufficient. The approvals required pursusn to'this Article shill be in writing and are in addition to airy approvals rrxpmired by other applicable governmenhal anlhodly. Nothing in this Doclaration shall be construed to prohibit the ARC from pramlastlog difforem auidei"utes aodlor Procedures for each Phase or pottloti thereof of the Wopertles and the ARC is specifically authorized to do so. Addhionalty, all reasonable costs Incurred by the ARC in reviewing and approving applications to the ARC shall be the reaponsibility of the applicant, Unless apxtCxally waived by am ARC, all applicadom and submissions of Plana for approval by the ARC mutt be aaeimpanled by an architectural review fee of $M.00 or sack other "in a is established by the ARC from time to time. Optional, preliminary plan approval my be obtained by submitting plans accompanied by a prelimhsary review he of S10D.00 or such other sum as is established by the ARC from rime to lime. See Architectural OoidtlhO Article. 3.4 and 3.5. Actual consttocxion of Dwellings and other itnprovematln sball be the responsibility of the Owner of the Lot and the Owner's bulkier. Any permission granted for oonsritctiou under this covenant and any designation of approved Ikea ed courraemora skill not coaadtute or be construed as an approval. warranty or guaranty, expressed or implied, by the Declarant or the ARC or its designated agent of the auuct sal stability, design or quality of any building or other koprovt went or of the contractor who constructs snob buiidhrgs or other lmprovaoenta. Sestiwa2. ' Buiminga- Peaces- 3&UL EEC No building, lbuoe, wall. deck, rellis, gazebo, bou house, or other structure. nod no change in topography, lamdxapi138. err any other itsas originally approved by lie ARC, shall be eonunmood, erected. or maintained upon tine Properties, nor shall any exterior addition to or change be trade until the plans and specWMdons showing fine nature, hind, shape, height, materials, color, and locations of the some shall have been. submitted to and approved In writing as to the harmony of the 6x ernal design and location in relation to the surroundinig rtructom sal tnitography by the ARC. Amy change In exterior appearance of sty building, wall, hnce, or other unaund improvements and stry change in the appearsotx of the landscaping shall be deemed on alteration requiring approval. No Cloth:. Pia. landing, wharf, seawall/bullhead or other structure shall be constructed. placed or allowed to remain on say body of water, water coarse or the Intracoastal Waterway, unless approved ba writing by the Declarant. Section 4 . All coaastanctitiz' within Can onagate at Bogoe Sound shall comply with Title 13 NCAC 2H.1000. the Coastal .._ _. ........... .14............._.,. Stormwater Mansgemeat Regulation: (a) Which is inteWed to mum ongoing compliance with State Stortnwarer Managtmeau Permit Number s,WROM516, as issued by the Division of Water Quality under NCAC 2H-1.000. (b) The State of Nardi Carolina is made a bencfWmq of these covenmtm to the extent necessary to maintain compliance with tie stormwater management pesnit. (c) These coveaants am to ran with the h W and be binding on all parsons and parties claiming under them. (on The covenants pertaining to swramwa may not be altered or ramioded without the express wrlaca consent of the State of Norrh Carolina, Dlvisiab or Water Quality. (e) A hmition of the drainage as shown on the Mnm)ved plan may not tab plate without the coammence of the Division or Want' Quality. (f) The maximam. allow6le'Imih-upon area per lot is as folloo.s: Lots 1-304. 347-369, 376.426: 3200 sgtmta feet Lots 305-346. 493-514: 2600 square feet Leta mg-375, 4Z7-4A 515-525: 3000 square feet These alloned amounts include airy bttitr-upon area constructed within the lot property boundaries. and that portion of the right-of-way between the from lot fine and the edge of the pavement. Built upon area fnelodes, bur is not limited to, structures, asphalt. concrete, gravel, brick. atone. slate, coquina saw parking areas, but does not include raised, open woad dwJdM, or Ike water surface of swimming Paola. (g) TJtia project proposes a curb outlet ridem. Each designated cot Coles Swale shown on the approved plan mast be maiutaiaed at a miuimam of IW bug whb 5:1 (H:V) side slopes or flatter, have a 1009101dinA Slope no stetPer than 5%, carry the Bow from a 10 year storm in a non -erosive manner. and mainWD a dense vegetated cover. Rd Filling In or piping of any vegvoa e'mavey— (ditches, swedes. etc.) associated with the developmeut except for average driveway crossings, is strictly prohibited by any persons. (r) Each lot will maintain a 30, wide vegetated buffer between impervious arm and surface waters. 0) All roof dmios shall terminate at bast 30' from the mean higai water mark of surface waters. (1t) pMWS in, piping or altering say designated 5:1 cmb outetl awde associated with the de:velopmdaL is prrhftited by any pamm St�iaaS. ; . ... n� .... ...�-a. ... .. .h:. - ,a/ily'aj': �'''z�l :d'f, R�•j...1^. . . , hn smordanee with Tick 1SA NCAC 2H .5w, it has been dotamined that `A pardon of lot annibena 10-1123-2A-25-26-30.31-32-33-35A6-37-3B-3940.41-42-d3.41-6MIA1-92-93-108- 109-110.111-1 Ml13-114-113-116.118-122-123-125-126.127.128-129-130-135-136-137.136- 139.140-141-142-143-144-145-292.283-U4-285-286-287.268293-394495.396.397-398299- 400.4014i-4034044OS406-407-401409-410.411-412,413 414-415.416.41741B-41%47A- 421422-423-424-425-42"n 429 479-430-431432.433434433.436.437.4387439-40.441- 442 443444, A3-"6417448-449-450331.452-453-454-4554%-457-d58.4S9460.461962- 463.464463.46636746B.469-470-471.4n 473-474.473-476.477-4784790g0.481.482.483- 484404664874M"69490.491- 492-M49449S-96-497-498-499.500-301-3a2-903-504- 505-506.507-S08-509-5 a5l l-512-513-514-515-S1W17-51B-519-SM21-522r523-524-525, locrled in the Cumonsgatc at Hogue Sound Subdivision, Cartarot County. Noah Carolina as shown on plum prepared by J. Davis Architects dated May 28. 2005; meet the requitemeate for designation as a wetland, stream or protected stream bailer. Any subsequent 191 or alteration of this user shall conform to the requirements of the state miss adopted by the State or North Camlios inform at the time of the proposed alomfloa. The intent of this provision is to prevent additional wetland, stream or buffo Mlutg or drahtimg, so the property Owner should not assume that a faturc applicadon lot Filling or drab ft would be approved. The property owner shall report fhe tame of the subdivision in any application Puuh mg to said rules. This eoveaamt is intended to msam contlnnted aottilrib= with all rules adopted by the Slate of North Carolina and therefore the Sale of Noah Carolina may enforce hmeitits. This covenant is to ran with die lead and shall be binding on all Parties and all persons dhthuing offer them. ' rtr ar7,n 'a rid �` u a nrl,tMtmn,1 Rcvfew AuLorltV Nomidwwndiag the shove sections, Dodarard, In DwUrant's sole judgment and discmdon, reserves the right and option to exercise ArcWjmt al Review Authority without establishing an ARC until such time as Declarant relimpisho Class 11 membership S. (a) rnumcigr pariormance Bond . Prior to cuMu roernm of warp, baUders vM be required to post a Contractor paEarmatrca Staid with the ARC in the amoant of S1000.00 or such other man 0 is established by the ARC from time to time. to taamte this tine mom, &W* commuctim baps the property in a treat, clean, woriamanI to manner and to ensure that the conumlor complears Improvements in aceetrdamoa with the approved plain and qwA ieadons. Strould the am= not be done at the end of any bnaimesa day er �the eAd a' � otatmturtioa, as appropriate, same or all of the bond Wray be used to bring the oomphiatue with approved plans, and for any necessary We mILIUMM e M Any Poatiou of the Connetos pe tmoance Bond remaiaumg at 0te end of constnuaion and btsuartoe of the cmdG = of tartatpancy will be relimded to builder/non wtur. See Arlirautral (htidedlnos Atdck 110. (b) gaid,$and . Prior to commencement of ebnatraetlna, the CCmraetDI shah) submit a $1.500.00 Prat bond. or such other sum as is established by the ARC from timeto tlmc;- to emmre that stand curbs in *am of subjea lot are maintained, thrOaShout the t oostrtt CdOM proms, in the same good quality condition as they were is when conswxdou began and to amtue the proper reseeding. and clese-Up of right-of-ways and drainage swalm for any tannage by coalractor and its .gene. Any pardon of the road hxmd not applied to necessary repairs COMMON -1 ioy Melanie Arthur 3P CARTERET COUNTY LDL Date 09/16/22008 Time 16:P5;00 @R 1285345 Wage I of 3 40 —7K CfMf OL t lk, CPATERIET CQUN" T%x k:ata hc. aft .., &V d* %W attW datacax:tlrml eea Pa,�:otaor+r��tl� fie"pap@.I i. mb Of 99 ad! -EV .,�„e.aa, ar dawa Pmperaf by. )am WV Tt mp=,Ar4rnsyatlaw, 12o7-C Ama" St, Mwdmad City, NC 28557 NORTH CAROLINA CARTERET COUNTY Doc. StaoW NONE Tax m # 430W0 yb4 93M fj=j AW DEED This Quit Claim Deal is made this day of 2008, by and between R. A. NORTH DEVEMPMEN , INC., a North Carolina corporation, herekWta referred to as the "Grantor'; and CANNOINSGATE AT BOGUE BOUND HOMEOWNERS ASSOCIATION, INC., a North Carolina corporation, whose address is elo Kwe S-rram m r va a A, elv -- �'� ok n 4-c.c.— Ave iv&4 � �.. �_ lad i 4 VX'T Lgg: horeafierre%tred to as "Grantee". Tj„v' TNESSETH: WHEREAS, Grantor is the developer of Cannonsgate at Bogue Sound, a single hmAy residential subdivision located in Carteret County, N.C., which development contains certain area defined as "Common Area and/or Private Open Space" in Article I, Section 1, paragraph (a) of that instrument entitled "Declaration of Protective Covenants, Restrictions, Basements, Charges, and Liens fbr Cannonsgate at Bogue Sound", executed on July 12, 2005, and recorded in book 1121, page 146, Carteret County Registry (hereaft "Declaration'); and, VAMEAS, such areas (as weilasareas designated as ` OS", meaning "openspaee" appear upon the recorded plats ofCannonsgate inmap book 30, Pages 780-990 (Phase l) and map book 30, rL h{ JUN 15 2015 BY: pages 832-839 (Phase 11), Carteret County Registry (hereafter "Plats"j; and, WHEREAS, in oontiection with the development, the (grantor m sed to beoffi"Iychartered a North Carolina trot -profit corporation by the name of Canuonsgate at Bogue Sound homeowners Association, Inc., the Grantee herein, the purposes for which are more paxticuiarly set forth in the Declaration, and include .maintenance and management responsibility of all of the Common Areas 4rWor Private Open 'Spaces (includinS.OS spaces); and, WHEREAS, the Dec oration contemplates that the Grantor will make a conveyance of the Common Areas and/or Private Open Spaces (including OS spaces) to Asso«ation in -order for the Association to meet its responsibilities as set out in the Declaration, and Grantor kLends by this instnn neat to make such conveyance; sine;, WHEREAS, there is an area within the Cannonsgate develop tt which is shown as the "SCaonnonsgate at Bogue Sound Boat Slip Area and Boat Slips", as defined in the'Ved arationofBoat Slip Area, Protective Covenants, Restrictions, Easements, Charges and Liens for the Caumonsgatcat Bogue Sound Boat Slip Association, Inc." dated July 24, 2006, and recorded inbook 1181, page407, Carteret County Registry (hereafter "Boat Slip Declaration"), and this Boat Slip Area and Boat Slips are pol part of the Common Areas and/or Private Open. Spaces conveyed to Grantee herein, but rather have been conveyed to the Canrwnsgate at Bogue Sound Boat Slip Association, Inc, as required by the Boat Slip Declaration. NOW, THEREFORE, in consideration of the mutual beaneftts received and to be received by the parties in the Declaration, and for other good and valuable consideration, the Grantor has remised and released and by these presents does remise, release and forever quitclaim unto the Granite at its hears and assigns all right, title, claim and interest of said Grantor in and to a certain tract or parcel of land bWand being in White Oak'Township, Carteret Country, NorthCarolina; andmompartimkdy described as follows: Beingall areas constituting "Common Area and/or Private Open Space" (Including any areas identified on any Plat as "Wn as dermed in Article I, Section 1 of the Declaration, e d nai w er the "Boat Slip Area and Boat Slips" as deCmed in the Bost Slip Declaration. This conveyance specifically includes the "Boat Ramp" as shown apon the Plats, and also Includes all aspects and components of the "Pump Oat Station" which is located and installed immediately adjacent to and south of the Boat Ramp, and rs way appear an any recorded plat of Cannonsgate at Rogue Sound. The Boat Ramp and the Pump Out Station are alsocommon nmouldes for all lot owners at Canuouxgate.. TO HAVE AND TO HOLD the aforesaid tract or parcel of landand all privileges thercunto belonging to it the said Grantee and its heirs and assigns free aid discharged from all right, title, claim, or interest of the said Grantor, or anyone claiming by, through, or under them. In witness whcrcot the Grantor has executed its official signature effective for the date first appearing above. R. A. NORTH DEVELOPMENT, INC. Authorcrad Corporate Officer NORTH CAROLINA 'W UNION COUNTY W�xmaA `VWQvji2 u f _ , the ---J Not pub ' and forthe above maned State County, do hereby ccr that ►� personally appeared before me this day and acknowledged that he is the sastddooaporate officer of R. A. North. Development, I=, and being eatherized to do so, executed the foregoiogdeed or behaifoftbo corporation. 9 Witness my hand and notarial seat this c- tI& day of9!,�'2008. My commission expires: 6, -2D Qd 13 Notary Public l�4tacaeviVaw OguedaQMVCanrw woe At bqgw Smdlg mck m.deaLA a=manArmLHOAAw Johnson, Kelly From: Keith Maready <keithmaready@gmail.com> Sent: Monday, December 19, 2016 1:58 PM To: Johnson, Kelly Cc: Caleb Wright; mwilliams@ramanagementinc.com; Prestige Land Surveying Subject: Re: Final Extension Due 12116/16: SW8 050516, Cannonsgate State Stormwater Permit Note I've copied John Odom, Prestige Land Surveying. John is authorized agent for Cannonsgate HOA and the communicator for this matter. Thanks Keith On Monday, December 19, 2016, Johnson, Kelly <kelly.p.johnson cr,ncdenr.gov> wrote: Please see the attached letter. Thanks, Kelly From: Johnson, Kelly Sent: Wednesday, November 16, 2016 2:12 PM To: 'Caleb Wright' <cwright@isec.engineering>; 'keithmareadvn@mail.com' <keithmareadyC�7a@gmail.com>; 'mwilliams(z.ralnanagementinc.com' <mwilliams@rainanagementinc.coin> Subject: Final Extension Due 12/16/16: SW8 050516, Cannonsgate State Stormwater Permit All, The attached permit was issued in March, and that permit allowed some flexibility to allow the HOA and the permittee/developer to work out an alternate arrangement for the swales. That arrangement was due in May. The date was extended in May and then again in August until the final deadline of November 14, 2016. We have reached the point where we need to wrap this up. This will be the final extension. Please submit the documentation itemized in the cover letter of the March permit (attached) by December 16, 2016. If we do not receive the paperwork, I will issue a letter requesting that we move directly into implementing the in -field changes per the current plan, certifying the system, and transferring the system to the HOA. Thanks, Kelly From: Johnson, Kelly Sent: Friday, August 12, 2016 10:53 AM To: Caleb Wright <cwright@isec.en 'neering> Cc: Keith Maready (keithmaready@gtnail.com) <keithmaready@gmail.com>; Melissa Williams (mwilliamsnaxamanagementinc.com)<mwilliams(abxamanagementinc.com> Subject: Cannonsgate State Stormwater Permit Caleb, Thanks for calling today. I understand that you all have had trouble getting the bids together for the work, and so you need to extend today's deadline by 90 days. The due date has been extended until November 14, 2016. Thanks, KJ 1ceLLc, ohvusov�. Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 Johnson, Kelly From: Johnson, Kelly Sent: Wednesday, November 16, 2016 2:12 PM To: 'Caleb Wright; 'keithmaready@gmail. com; 'mwilliams@ramanagementinc.com' Subject: Final Extension Due 12/16/16: SW8 050516, Cannonsgate State Stormwater Permit Attachments: 2016 03 permit_pr 050516.docx; Cannonsgate_Emails. pdf All, The attached permit was issued in March, and that permit allowed some flexibility to allow the HOA and the permittee/developer to work out an alternate arrangement for the swales. That arrangement was due in May. The date was extended in May and then again in August until the final deadline of November 14, 2016. We have reached the point where we need to wrap this up. This will be the final extension. Please submit the documentation itemized in the cover letter of the March permit (attached) by December 16, 2016. If we do not receive the paperwork, I will issue a letter requesting that we move directly into implementing the in -field changes per the current plan, certifying the system, and transferring the system to the HOA. Thanks, Kelly From: Johnson, Kelly Sent: Friday, August 12, 2016 10:53 AM To: Caleb Wright <cwright@isec.engineering> Cc: Keith Maready (keithmaready@gmail.com) <keithmaready@gmail.com>; Melissa Williams (mwilliams@ramanagementinc.com) <mwilliams@ramanagementinc.com> Subject: Cannonsgate State Stormwater Permit Caleb, Thanks for calling today. I understand that you all have had trouble getting the bids together for the work, and so you need to extend today's deadline by 90 days. The due date has been extended until November 14, 2016. Thanks, KJ KeLL,. iOkwSOv+. Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 Johnson, Kelly From: Johnson, Kelly Sent: Thursday, March 31, 201610:26 AM To: 'Caleb Wright; Keith Maready (keithmaready@gmail.com) Subiect: Cannonsgate Caleb & Keith, I had a voicemail from Caleb that you all were trying to figure out how to work the signature authority because you have a management company that takes care of things for the HOA. It sounds like you are going to update the transfer form that you submitted in June 2015. That form shows that Riley Horne is the HOA President. If you want the management company to be able to sign for the HOA, then please submit: 1.) Documentation of the HOA President's name (we usually get meeting minutes of the election) 2.) A letter from the HOA President delegating authority to an individual at the management company. 3.) The transfer form signed by that management company individual. Hopefully that clears things up? If not, just let me know. KJ K.eU,JohvuSDw Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 Johnson. Ke From: Johnson, Kelly Sent: Monday, May 09, 2016 9:40 AM To: 'Caleb Wright' Cc: 'mwilliams@ramanagementinc.com'; Keith Maready (keithmaready@gmail.com) Subject: SW8 050516, Cannonsgate All, My March 10, 2016 letter set a response deadline of May 10, 2016. 1 understand that you all would like to extend that date. Please respond by,August 12, 2016. Thanks, Kelly -----Original Message ----- From: Johnson, Kelly Sent: Monday, May 09, 2016 7:38 AM To: 'Caleb Wright' <cwright@isec.enginee ring> Cc: mwilliams@ramanagementinc.com Subject: RE: Cannonsgate OK. What date did you need? Thanks KJ -----Original Message ----- From: Caleb Wright [ma iIto: cwright@isec.enginee ring] Sent: Monday, May 09, 2016 7:12 AM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Cc: mwilliams@ramanagementinc.com Subject: Cannonsgate Kelly, As per our phone conversation Friday, we've experienced a delay in obtaining quotes and would like to request an extension of the May 10th deadline. R/S, Caleb Wright, PE (C) 252 229 0485 (0) 843 593 0242 (F) 704 972 0300 cwright@ISEC.engineering www.ISEC.engineering NC Firm No. P-1346 SC COA#5356 Sent from my iPhone Johnson, Kell From: Johnson, Kelly Sent: Tuesday, April 26, 2016 11:36 AM To: 'Keith Maready' Cc: Caleb Wright; prestigesurveying@embargmail.com; Jordan Maroules; Ken Banks; Brian Campbell; Robert Moore Subject: RE: Cannonsgate Storm Water Permit Mr. Maready, The permit is still issued to RA North. The permit (technically a plan revision) was issued to allow the access road to lots 60 & 61, approve Caleb Wright's proposals for each swale, and update pipe configurations at the Marina and Clubhouse. The transfer is still pending. If you will see the section of the cover letter titled, "Future Actions & Request for Additional Information for Permit Transfer" you will see the plan for future actions. I had understood that all parties wanted to talk about the order of operations for some of the swale installations. For instance, I understand that you all felt that there were some swales that will get "crushed" by construction if you put them in now. So, the first item in this section was intended to allow you all flexibility to figure out how you want to move forward with those items. Those discussions were supposed to have been finished by 5/10/16, but it appears that you all are no longer interested in that option. If that is the case, then the in -field changes will take place to get the swales to be the way Caleb Wright decided they needed to be laid out. Then, Caleb will be able to certify it. Finally, we can do the inspection (although the project will be certified at that point so hopefully this will be a formality.) Then, we will transfer the permit to the HOA. I understand that you are frustrated with the developer and that there are some old wounds here. But, please understand that I am actually trying to help all parties. I simply wanted to give you the opportunity to work out the swale issues so that you would be happy with the finished product (because I thought that you all had wanted to do that?). If you don't want to work it out with RA North, then that is your prerogative. In that case, we will bypass number 1 of the "future actions" section and move directly into the in -field changes part after May 10tn Hopefully that helps. X From: Keith Maready [mailto:keithmaready@gmail.com] Sent: Tuesday, April 26, 201611:10 AM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Cc: Caleb Wright <cwright@isec.engineering>; prestigesurveying@embargmail.com; Jordan Maroules <jorda n @stream linedevelopers.com>; Ken Banks <ken@groupbec.com>; Brian Campbell <brianc@campbelloil.net>; Robert Moore <rileyoutdoor@gmail.com> Subject: Re: Cannonsgate Storm Water Permit Permit issued to who? I have reviewed what was indicated as a proposed remIediation plan which in someone's opinion would make the community storm water structures compliant with the issued permit. Upon completion of remediation an engineer's seal would be required to confirm compliance and then the permit is transferable to Cannonsgate HOA. 1 I understand the proposed remediation was approved but am very confused on "permit issued". Cannonsgate HOA has not received said permit and we are not willing to accept responsibility for making any remediations to get the on site structures to a compliant status. It is evident the developer has no concern for the wellbeing of Cannonsgate and I personally do not believe the developer has a concern if the community is compliant with the permit or ever will be compliant by any means or methods. We desire to be the permit holder and are willing to cooperate but not at any expense to Cannonsgate. I do not believe "working together with RA North" has any positive results for the Cannonsgate community. As indicated above, all Board members are copied as is Mr. Odom. Please advise on exact status of this issue for our clarification. Thanks Keith On Tue, Apr 26, 2016 at 10:15 AM, Johnson, Kelly <kelly�.johnson(a,ncdenr.gov> wrote: Mr. Maready, The permit was issued on March 10th, attached. I thought that you all were going to be working with RA North to figure out what to do about the remaining issues? K1 From: Keith Maready [mailto:keithmareadv@gmail.com) Sent: Tuesday, April 26, 2016 9:19 AM To: Johnson, Kelly <kelly.p.iohnson@ncdenr.eov>; Caleb Wright <cwright@isec.eneineering> Cc: prestigesurveying@embaramail.com; Jordan Maroules <jordan@stream linedevelopers.com>; Ken Banks <ken@groupbec.com>; Brian Campbell <brianc@campbelloil.net>; Robert Moore <rileyoutdoor@gmail.com> Subject: Cannonsgate Storm Water Permit Kelly / Caleb Haven't heard anything recently on our storm water permit status. Our board meet recently and I reviewed the info which I have current access to. As I expressed previously we have concerns. Those concerns remain as indicated; 1) the lack of attention to several nuisance areas which was negligent on original plan / permit issue 2) very concerned over the aesthetic change being presented for the area between Cannonsgate Drive and the north marina wall, also question if the proposed plan will function properly 3) the section of Boundary Street in wetlands has been previously resolved and we do not want another 3000 square feet of impervious area taken for our allocated extra 4) there are numerous underground structures; irrigation, low voltage lighting and others. Yardworks Landscaping Inc has been in the community since the installation during development period and have remained the responsible maintenance company. They should be the only company considered to perform any proposed earthwork activity. Due to time involvement the Board has hired John Odom, Prestige Surveying as our authorized agent to communicate on our behalf for resolution of this permit transfer. Please communicate direct with John. His contacts are: prestigesurveying(kembaramail.com; 252-393-2129. Thanks Keith Johnson, Kell From: Johnson, Kelly Sent: Tuesday, April 26, 2016 10:14 AM To: 'Keith Maready'; Caleb Wright Cc: prestigesurveying@embargmail.com; Jordan Maroules; Ken Banks; Brian Campbell; Robert Moore Subject: RE: Cannonsgate Storm Water Permit Attachments: 2016 03 permit_pr 050516.docx; 2016 03 permit_pr 050516 Appendix D.pdf Mr. Maready, The permit was issued on March 101h, attached. I thought that you all were going to be working with RA North to figure out what to do about the remaining issues? KJ From: Keith Maready [mailto:keithmaready@gmail.com] Sent: Tuesday, April 26, 2016 9:19 AM To: Johnson, Kelly <kelly.p.johnson' @ncdenr.gov>; Caleb Wright <cwright@isec.engineering> Cc: prestigesurveying@embargmail.com; Jordan Maroules <jordan@stream linedevelopers.com>; Ken Banks <ken@groupbec.com>; Brian Campbell <brianc@campbelloil.net>; Robert Moore <rileyoutdoor@gmail.com> Subject: Cannonsgate Storm Water Permit Kelly / Caleb Haven't heard anything recently on our storm water permit status. Our board meet recently and I reviewed the info which I have current access to. As I expressed previously we have concerns. Those concerns remain as indicated; 1) the lack of attention to several nuisance areas which was negligent on original plan / permit issue 2) very concerned over the aesthetic change being presented for the area between Cannonsgate Drive and the north marina wall, also question if the proposed plan will function properly 3) the section of Boundary Street in wetlands has been previously resolved and we do not want another 3000 square feet of impervious area taken for our allocated extra 4) there are numerous underground structures; irrigation, low voltage lighting and others. Yardworks Landscaping Inc has been in the community since the installation during development period and have remained the responsible maintenance company. They should be the only company considered to perform any proposed earthwork activity. Due to time involvement the Board has hired John Odom, Prestige Surveying as our authorized agent to communicate on our behalf for resolution of this permit transfer. Please communicate direct with John. His contacts are: presti esurve ijng-a,embargmail.com; 252-393-2129. Thanks Keith Johnson, Kelly From: Johnson, Kelly Sent: Friday, April 01, 2016 9:28 AM To: 'Keith Maready Cc: Caleb Wright Subject: RE: Cannonsgate Attachments: Cannonsgate HOA.pdf Oh, I see. I misunderstood. It sounds like the individual listed with the Secretary of State is the CAMS person. Since HOAs are non-profit, they are not required to file annual reports with the SoS. We generally make sure that the HOA is an incorporated entity, and then we rely on meeting minutes to tell us who the current President or Vice President of the HOA is. If you are the President, and you have meeting minutes to demonstrate that, then you have signature authority. It isn't unusual for the contact listed on the Sc.S for an HOA to be out of date since HOAs don't file regularly and it is usually a year -long term. It is up to you as to whether or not you want to change the contact through the SoS's Office. (Just FYI, the reason we require documentation for management companies to sign for HOA Presidents is because the management company doesn't have signature authority unless you delegate it to them.) Hopefully that makes sense? KJ From: Keith Maready [mailto:keithmaready@gmail.coml Sent: Friday, April 01, 2016 6:42 AM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Cc: Caleb Wright <cwright@isec.engineering> Subject: Re: Cannonsgate I believe Caleb was referring to the name shown with the Secretary of State registry. That person is the owner of CAMS. They are our property manager, handling administrative business only. We self manage Cannonsgate via the elected Board of Directors. Riley Horne is no longer a Board member and has never served as President. I currently serve as President and will be providing signature for this process. CAMS can provide meeting minutes confirming Board members and positions served. Thanks Keith Sent from my iPad Keith Maready On Mar 31, 2016, at 10:26 AM, "Johnson, Kelly" <keliy.p.iohnson@ncdenr.gov> wrote: Caleb & Keith, had a voicemail from Caleb that you all were trying to figure out how to work the signature authority because you have a management company that takes care of things for the HOA. It sounds like you are going to update the transfer form that you submitted in June 2015. That form shows that Riley Horne is the HOA President. If you want the management company to be able to sign for the HOA, then please submit: 1.) Documentation of the HOA President's name (we usually get meeting minutes of the election) 2.) A letter from the HOA President delegating authority to an individual at the management company. 3.) The transfer form signed by that management company individual. Hopefully that clears things up? If not, just let me know. KJ 1-,'eLLUJ0hVUS0w Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, March 01, 2016 9:07 AM To: Joanne Steenhuis Subject: Cannonsgate - Wetlands Issue Attachments: Cannonsgate.pdf Will you stop by when you get a sec? I wanted to see if you were already aware of fill in wetlands there. In the attached, the view on the right was approved in 2007. There is no alley access to the back of lots 60 and 61. The view on the left was generated recently in preparation for certification. They have added that alley/road through an area in lots 60 and 61 that is shown as wetlands on the plan. He said this was done as far back as 10 years ago. I don't know if they already got caught for that, or if this is just something that happened and they didn't get caught for it. Either way, if that road has been there for that long then it probably isn't wetlands anymore.... Anyway... let's chat. Thanks, KJ K.e[LWOhVUSow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 fit a y s, �► is w t+ �. a 1 , ' r�✓aa��i � � ��� r ��" i °ter � '�y'%r� � •a �' '�S+ � �� , �``. ° . � ait .fir �+ ^++ �? � S� �•�. ,. � � ,• f.• �'. +� r �•iw �j�t �itU•:'` r,�/�y7Y� /'y'`s.' r' r °�i •,• ir1• r. �t •kr' ';t•f �,�,t•dt•'t7.4S'i. 'f.F 4 •••�f3�.i� 1ct i~�+ .• rtt i. • ri+., •.+�+' Shy-^S' �• �tti„ yea e:��'• h �A`i 'ej'.ti�a �7��,• •��•.•+ e•• ......•�, > i •�y t r r ••'5+�: •• •�.��,ti f fKy s k�4 •e <Y., •yS'1'�• '�t� e�' yJt,w 7, . ,',: 3r� J ' • i 4 •f • Si`T• '+ry i yam• ` �• e . tt "•i{ . n, • "i. i. " ...•.. •.;.... ''� at�.s �� a �r• ' �£ G. � ♦� j. , � � ' •. •ice r i�"S► i•' •A 7j. ��{ s •'• �� :•'.'.'.'. ;•' �.'•',', ,• " Jf'if� i •e.]•• tt, :•� r � r +�•� ��•"�+� 'da,4• .�ti �'.'.•:•'�"�'�.'. •:1.-'. '�.+� 4 �.'�1rt� ''}• 'rX�, t+ ari• ^• ` 1 a i����.1� rwffa +�.(� ? '• �• '...., t �'•/f' yt� 1 • ®S.►•'"' 'a•.sf%t ® ♦ t �!•���. �'• pt • R, •, r! - °�,+1' ,,.t;f;•;". ::,,;•,'' �:•,; •; ••:• • ••75gP r !' •tt•`.(Q't� . �17• a y. � rf ..�� ., � G ' � � !� �^E qq r� �. yeti ' �St .." i'tkLa'. rt,,/��•,,.;. .:���.: Sf ��,, r . •� 54: . . . . . . . ..... AC, 9 V r� e1 s SW8 050516 — Cannonsgate Record of Significant Events — 8/4/15 1.) 6/2105: Original Permit Issued a. Issued to R.A. North Development, Inc. b. 25% Low density with curb outlet (ORW), 1995 Rule. There are also several amenity ponds not covered by the permit. 2.) 1/23/06: Plan Revision to reallocate "future" impervious to specific uses. 3.) 8/22/07: Plan Revision to reallocate "future" impervious to specific uses. (A lettermailing the plans for the 8122107 Plan Revision was sent on 6116110). 4.) 5/16/11: Compliant Inspection (D. Cox) 5.) 7/26/11: Received a Name/Ownership Change Request from the developer, but it was not signed by the HOA (and it was before the HOA transfer law). 6.) 9/22/11: Permit Modification (Most Recent Permit) a. Reallocated "future" impervious area to specific uses (Lot 437). b. Current 0&M Agreement/Low Density Supplement is with this permit. c. Deed Rest(ctions: Recorded BK1121/146, received on 7/26/11. (Note, some of the lots' impervious area is recorded at values below the value allowed by the permit.) 7.) 2/14/12: Project Return 8.) 7/16/12: Individual Permit Issued to Lot 437 (Inside SW8 050516) 9.) 9/12/14: File Review by HOA & their Surveyor, Prestige Land Surveying. K. Johnson met with them during their review. They were trying to determine how to fix two safety issues and still be compliant with the permit. K. Johnson said that the Division may have to look at fixing those issues as "alternative measures" per .1008. They would also like to eventually transfer the permit to the HOA. Two issues: a. Water pooling in a road that reportedly isn't draining properly. They want to put in a pipe/LSNFS to get the water off of the road. Complications include that this is ORW 575, and that they will need to shorten a CO swale from the required 100ft to get their proposal to work. The plans do not show detailed topography with spot elevations in this area. Swales #8 & #29 look like they should receive the road's water, but they are reportedly not graded property. b. An amenity pond does not have anywhere to overflow. (This isn't an issue under the State Stormwater permit, but we will help them address it if there is a way to modify our permit that will allow them to fix this related issue.) They want to put in a swale (or pipe/LSNFS?) along one side of Lot 519. They think they can get an easement from that owner. This is also ORW 575 10.) 9/30/14: Non -Compliant Inspection Letter (B. Lambe) a. Stormwater measures are not installed per the approved plan. i. Some swales (such as Swale #29) is not constructed per the plan, and so the drainage to it is ponding in the road. ii. Many curb outlet swales are not constructed per the plan (100ft long, 5:1 etc). The inlet of the curb commonly has a small rock pad and then steps up to a sod lip preventing drainage. b. Submit Designer's Certification. 11.)11/7/14: Non -Compliant File Review Inspection (K. Johnson). Also see email on same date. a. Parties Involved: i. Current Permittee Representative: Melissa Williams, RA Management, Inc. ii. Glenn Dunn, Poyner & Spruill iii. Keith, Prestige Land Surveying iv. Riley Horn, R. H. Construction, Inc. & HOA b. Designer Certification Needed: Required per Permit Section II(8). If the site can be certified, then the site will be considered in compliance. i. Pooling Water in Street: Not a permit violation. Only issue is if stormwater measures aren't built correctly. ii. Amenity Pond without Overflow: Beyond the scope of the permit. If the permit is hindering a solution, then we can discuss that further. c. Transfer: Permit either has to be in compliance, or we have to come to an agreement with all parties to bring the site into compliance. Administrative items needed for transfer: i. Common area deeds (showing that HOA owns those areas) ii. Documentation that 50% has been sold iii. Name/Ownership Form d. Follow Up from the 11/7/14 Email: i. 10/28/14: Letter from permittee (R.A. North Development): They believe that the HOA is responsible for the stormwater permit because they assumed control in 2005. (But they are evidently unaware that the permit must be transferred separately.) ii. 10/30/15: Email between developer and B. Lambe clarifying that the permit is still in the developer's name and that he is still rosponsible for It. iii. 12/22/15: Email between HOA and K. Johnson requesting status. Developer did not respond to the 11/7/14 inspection. iv. 2/11/15: Email between HOA and K. Johnson requesting status. Developer did not respond to the 11/7/14 inspection. 12.) 2/11/15: NOD a. Section II(3): Stormwater features must be substantially constructed. b. Section II(8): Certification is needed. "The permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications..." c. Section III(5): Transfer needed. i. Common Area Deeds needed ii. Documentation of 50% sold needed iii. Transfer form needed 13.) 3/6/15: Response to NOD received a. Certification & Substantial Construction: i. Submitted by John Riggle, Project Manager with Trader Construction. He is the contractor responsible for the work. His qualifications are unclear (not PE or PLS on letter). ii. Some swales not built, determined not to be needed. iii. Says that any deficiencies noted during the project were corrected. iv. Lawyer's Points: Lawyer discusses his meeting with the State a few years ago (2011?). They discussed the issues with the swales at that time. Lawyer says law requires "substantial compliance" and not "compliance". 14.) 6/1/15: Continuing NOD a. Same deficiencies as 2/11/15 b. Determination: The permit says that the "permittee" has to certify the system. In this case there is disagreement between the permittee/developer and the proposed permittee/HOA as to whether or not the project is constructed within "substantial compliance" of the permit requirements. A certification from an appropriate design professional such as a PE or a PLS is therefore warranted. i. Certification Can Be Obtained: If the project can be certified, then the permit will be considered in compliance, and it can be transferred. ii. Certification Can Not Be Obtained: If an appropriate design professional cannot certify that the system has been installed within substantial compliance with the permit, then the permit is not in compliance and cannot be transferred. If this is the case, then the permittee will have to modify or revise the permit to match the field conditions. 1. If there are issues such as if a curb outlet swale is missing or is built shorter than it was permitted to be built, then the permittee will have to provide justification for each change. 2. The permittee could choose to propose other changes to the permit as well, but it is not required. For instance the HOA has brought up two safety issues. There is water ponding in the street, and there is an amenity pond that reportedly does not have an overflow point. Another issue that could be addressed is that some of the deed restrictions for impervious area per lot are recorded at values below what the State Stormwater permit allows. The permittee could modify the deed restrictions to increase the impervious area per lot for the lots affected. c. Transfer: Common area deeds, documentation of 50% sold, and transfer form are still needed. 15.) 6/19/15: Tracy Davis (DEMLR Director) & RA North (permittee/developer) Phone Call: a. Summary: Upheld 6/1/15 determination. Also noted that items not required to be addressed by the permit will have to be addressed by the HOA. 2 b. Email Text: I just got off the phone with Glenn Dunn, attorney for RA North. We discussed the current situation and we agreed that there are two options: 1) RA North obtain the services of a PE/PLS to review the SW plan and permit vs. the site conditions and certify that the site is in substantial compliance with the permit or 2) if such PE/PLS is not comfortable certifying substantial compliance, then a meeting will be scheduled at the site with DEMLR, RA North rep, PE/PLS, and HOA rep to discuss work to be done onsite to make it certifiable — and once the work is completed and the certification issued, the permit will be deemed in compliance and transferred to the HOA. The other areas outside of the permit will have to be addressed by the HOA. 16.) 712/15: Glenn Dunn (RA North's attorney) requested an onsite meeting which has been scheduled for 7/29/15 at 12:30pm at the clubhouse. 17.) 7/10/15: Govemor's Office, RA North, Braxton Davis (DCM) & DEMLR/WiRO (G. Scott & K. Johnson) Phone Call: Reiterated the 6/19/15 discussion and the 6/1/15 letter. There were follow up calls/emails which resulted in clarification of previously - mailed documents and verification of the 7/29115 meeting. Email text to RA North from K Johnson: Mr. Allen, As we discussed on the phone this afternoon, here is a list of the items we will need to transfer the permit. This list is also in the 6/1/15 letter. We received a package on 6/15115, and so I have updated the 6/1/15 list as appropriate: 1.) Certification [permit Section II(8)]: Please submit a certification from an appropriate professional such as a PE or a PLS certifying that the project has been constructed in substantial compliance with'the permit requirements. 2.) Plan Revision: If the PE/PLS determines that changes have been made in the field that differ from the permitted plans, or if additional changes are necessary to bring the project into compliance please have him/her document those changes in the form of a Plan Revision. This is a simple, free process. All you will need to do is to submit the 1-page Plan Revision Application form which is available online, http://portal.ncdenr.org/web/Ir/state-stormwater- forms_docs and two sets of plans documenting the changes. We will approve and keep a set, and one will be sent to you (or to the HOA when it transfers). 3.) Administrative Items: a. Common Area Deed: Submitted 6/15/15 b. Documentation of at least 50% of the lots sold: SL 2011-256 requires that 50% of the lots be sold to owners other than the declarant of the planned community. We received a list on 6/15/15 showing the deed closing dates of the lots in the subdivision, but the list does not include the lot owner's name and so I do not know who they were deeded to. Please provide clarification that 50% of the lots are not currently owned by your company. c. Name/Ownership Change Form: Submitted 6/15/15 If you have further questions please let me know. Thanks, Kelly 18.) 7/27/15: Change in HOA Contact. Riley Horne is stepping down at the end of July, and a. Brian Campbell (910.862.0782, brianc@campbelloil.net) is taking over. b. Keith Maready (252.916.6986, keithmareadyOamail.com), is the onsite contact 19.) 7/28/15: K Johnson spoke with Melissa Williams, a representative of RA North, and she indicated that the permittee plans to submit the certification and plan revision requested in the June 1, 2015 letter. Since the intention of the meeting was to determine the actions that needed to be completed to make the site able to be certified, the 7/29/15 meeting has been cancelled. 20.) 8/19-20/2015: Emails regarding the response due date. It has been set for 9/2/15. Johnson, Kelly From: Johnson, Kelly, Sent: Thursday, March 10, 2016 12:47 PM To: 'Caleb Wright' Subject: RE: Cannonsgate OK. I'll go ahead and get it ready for signature. X From: Caleb Wright[mailto:cwright@isec.engineering] Sent: Thursday, March 10, 20161:17 AM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: Re: Cannonsgate Kelly, You are correct. I don't have an explanation why the additional 180 sgft showed up in the future allocation. The 13,630 sqft is correct. Please make the change. I apologize for the confusion. I will be returning from Vancouver tomorrow late and can discuss any questions you might have on Friday. Thanks for the e-mail. M. Caleb Wright, PE (C) 252.229.0485 (F) 704.972.0300 cwriahtt@ISEC.enaineerin www. ISEC.enaineerina NC Firm No. P-1346 EMAIL DISCLAIMER This message is intended for the recipients named in the e-mail. It may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by replying to this message and then delete it from your system. You should not read, copy, use, store or circulate this e- mail whatsoever. Disclaimer: Internet communications are not secure. While every reasonable effort has been made to ensure that this communication has not been tampered with, ISEC cannot be held accountable for any alterations made to the contents of this message. If you wish to receive a hard copy of this message for comparison or should you require any form of confirmation of the contents of this message, please contact the sender. E-mail messages are riot sealed reports and are thus draft recommendations for comment or responses to questions regarding a sealed report. Do not rely on e-mail message for construction, see the corresponding engineering report. On Mar 8, 2016, at 11:34 AM, Johnson, Kelly <kellv.a.iohnson@ncdenr.eov> wrote: Caleb, I know you are out. But, when you get back will you look at this? I think there is a typo. Your letter ?s attached.: 9/22/11 Plan Revision 3/8/16 Submittal DATE TBD Plar Inside ORW/575ft Line Total Development Area Inside ORW/575ft Line Total Development Area Inside ORW/575ft Line D4 Drainage Area: 2,370,036 10,989,360 2,370,036 10,989,360 2,370,036 54.41 252.28 54.41 252.28 54.41 25% Maximum Impervious Permitted: 592,509 2,747,340 592,509 2,747,340 592,509 Total Impervious Allocated: 592,509 2,747,340 592,509 2,747,520 592,509 On -Site Buildings/Lots 429,825 1,636,225 429,825 1,636,225 429,825 On -Site Streets 149,185 795,035 149,185 798,433 149,185 On -Site Sidewalks 4,327 77,244 4,327 77,244 4,327 On -Site Other 0 221,808 0 221,808 0 Future 9,172 17,028 9,172 13,810 9,172 If you agree with these changes I'll go ahead and get this out. Thanks, KJ From: Caleb Wright[mailto:cwrieht@isec.eneineering] Sent: Thursday, March 03, 2016 12:52 PM To: Johnson, Kelly <kelly.p.iohnson ncdenr.gov> Subject: Re: Cannonsgate Thanks Kelly, The wetland issue is good news indeed. I'll start pulling the other documents together for a package to send out tomorrow. One question I have is if a print of the e-mail of the scanned platt from the county I previously sent you will suffice for the easements. The drawing I sent shows easements for all the lots with swales. I'll forward that to you again shortly. I'll be leaving the country Sunday so I'd like to send this package off tomorrow if possible. I think I can get the rest together bye then but I'd appreciate it if you'd take a look at that pdf and let me know if that'll be adequate. R/S Caleb Wright, PE (C) 252.229.0485 (F) 704.972.0300 cwri ht ISEC.enaineering wwwASEC.enaineerina NC Firm No. P-1346 EMAIL DISCLAIMER This message is intended for the recipients named in the e-mail. It may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by replying to this message and then delete it from your system. You should not read, copy, use, store or circulate this e-mail whatsoever. Disclaimer: Internet communications are not secure. While every reasonable effort has been made to ensure that this communication has not been tampered with, ISEC cannot be held accountable for any alterations made to the contents of this message. If you wish to receive a hard copy of this message for comparison or should you require any form of confirmation of the contents of this message, please contact the sender. E-mail messages are not sealed reports and are thus draft recommendations for comment or responses to questions regarding a sealed report. Do not rely on e-mail message for construction, see the corresponding engineering report. On Mar 3, 2016, at 10:41 AM, Johnson, Kelly <kelly.p.iohnson@ncdenr.gov> wrote: Caleb, Please see attached. Since I don't have your mailing address, this is your "official" letter. Good news on the wetlands issue on lots 60 & 61. They got a permit to fill them. A copy of that is included. But, we do need to account for that impervious area. I assume that that access drive is outside the lot line (it is hard to tell on the plans). If it isn't on the lot then that area has to come out of the "future" area that is available for the project. (The data is summarized in a table.) If the road is inside the lot then it counts against the lot's allocation because it would essentially be a driveway. This should be pretty simple. KJ From: Johnson, Kelly Sent: Monday, February 29, 201610:30 AM To:'Caleb Wright' <cwright@isec.engineering> Subject: RE: Cannonsgate 1 haven't even opened the package yet because I suspect it will take a while. If you think that meeting will expedite getting through it, then that will be fine. I will see you then,. Thanks, KJ From: Caleb Wright mailto:cwright@Iser.engineering] Sent: Monday, February 29, 2016 10:21 AM To: Johnson, Kelly <kelly.p.iohnson ncdpnr.gov> Subject: Re: Cannonsgate Kelly, I'll be passing through Wilmington this afternoon around 1:45 - 2 o'clock and wondered if it would be helpful if I stopped in for a few minutes to go over the package with you. Please let me know. R/S, Caleb Wright, PE (C) 252 229 0485 (F) 704 972 0300 cwrig.ht@ISEC.engineering wwvv.ISEC.eneineering NC Firm No. P-1346 Sent from my iPhone On Feb 22, 2016, at 2:35 PM, Johnson, Kelly <kellv.p.iohnson@ncdenr.Lov> wrote: Caleb, I received the package that you submitted on 1/14/16. 1 have not yet gone through it. It is getting near the top of the list in line. I just need to be able to set aside a pretty big chunk of time to go through it. Thanks, KJ K.6L�iohwsow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 <Letter Cannonsgate.pdf> <Caleb's Letter.pdf> 3/4/16 To: NC Division of Environmental Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Att'n: Kelly Johnson, Environmental Engineer From: Caleb Wright, Principal Engineer Industry Standard Engineers & Consultants - PLLC 400 Harbor Drive New Bern, NC 28560 RE: March 3, 2016 Request for Additional Information Stormwater Project SW8 050516 Cannonsgate at Bogue Sound Carteret County, North Carolina Dear Ms. Johnson: ECEIVE MAR 0 8 2016 BY: — In response to your letter dated March, 3, 2016 please find the information below referencing the item numbers from your request for additional information. 1. Impervious: As per the General 401 Water Quality Certification #3402 attached to your request, the impervious area permitted for the filling of the wetlands behind lots 60 and 61 to extend the access driveway in the amount of 0.078 acres (3,398 square feet) was added to On -Site Streets — Total Development Area (not Inside ORW/575 ft Line) and deducted from Future impervious area. The table provided in your request has been filled in and included below. As indicated on the plat for the subdivision, the extension of Boundary Street was made across lots 60 and 61 and not a com n.on. area. An excerpt of the recorded plat is included below for reference as well. INDUSTRY STANDARD ENGINEERS & CONSULTANTS- PLLC • FIRM P-1346 • 400 HARBOR DR, NEW BERN, NC 28560 PAGE 1 Plat Excerpt: Impervious Area Table: 9/22/11 Plan Revision DATE TBD Plan Revision Inside ORW/575ft Line Total Development Area Inside ORW/575ft Line Total Development Area Drainage Area: 2,370,036 10,989,360 2,370,036 10,989,360 ft a. 54.41 252.28 54.41 252.28 25% Maximum impervious Permitted: 592,509 2,747,340 592,509 2 ft Total Impervious Allocated: 592,509 2,747,340 592,509 2,747,340 ft On -Site Buildings/Lots 429,825 1,636,225 429.8251 1 636,225 ft On -Site Streets 149,185 795,035 149.184 798 433 ft On -Site Sidewalks 4,327 77,244 4 327 77,244 ft On -Site Other 0 221,808 0 221,808 ft Future 9,172 1 17,028 9,1721 V 13.810 2. Plan Sheets: It is our intent to keep Sheets 001 to 004, & 006 as previously permitted. Sheet 005 is inclusive of all the data currently relevant to the project. 3. Easements: Copies of the final plats recorded for phases one and two have been enclosed to demonstrate that the easements have been recorded. They denote the drainage easements with labels of "10' DE." The attached plats were recorded in Book 30 Pages 780 and 832 respectively of the Register of Deeds, Carteret County, North Carolina in 2005. The excerpt below shows an example: INDUSTRY STANDARD ENGINEERS & CONSULTANTS —PLLC a FIRM P-1346 a 400 HARBOR, DR,, NEW BERN, NC 28560 PAGE 2 Drainage easement for Swale # 31 • . , , ate' ,... I � � 44F7 t!1 ui DE 7S� • �► ® �1 � �i 7jo IF �.4 4. Plan Reprints: As per our discussion on February 291h, I have enclosed two re -printed copies of sheet 005 for your files. Please let us know if there are any questions regarding the enclosures or the responses above. Sincerely, Industry Standard Engineers & Consultants - PLLC Caleb Wright, PE Principal Engineer CC: Mr. Randy Allen File: 014 RA North . 4 Ell 35090 r; �+•.'1'OINEC�.' �irrrrr��ti� Encl: (1 ea) Copy of Final Plat Phase One, Recorded with the County 7/12/2005 (lea) Copy of Final Plat Phase Two, Recorded with the County 10/4/2005 (tea) Reprinted Sheet 005, Grass Swale Layout with Drainage Areas INDUSTRY STANDARD ENGINEERS & CONSULTANTS— PLLC • FIRM! P-1346 a 400 HARBOR DR, NEW BERN, NC 23560 PAGE 3 Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY March 3, 2016 Mr. Randy Allen, President R.A. North Development, Inc. 3129 Springbank Lane Charlotte, NC 28226 Subject: Request for Additional Information Stormwater Project No. SW8 050516 Cannonsgate Carteret County Dear Mr. Allen: PAT MCCRORY Govenmr DONALD R. VAN DER VAART Secrelwy TRACY DAVIS nireclor The Wilmington Regional Office received a Stormwater Management Permit Plan Revision Application for Cannonsgate on January 14, 2016. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1.) Impervious: On January 13, 2006 the State issued approval to fill wetlands behind Lots 60 and 61 to extend the access driveway. (See General 401 Water Quality Certification #3402, attached.) But, it does not appear that the Stormwater Permit was updated to reflect that change. Pleasc provide the data shown in yellow below. i will update the impervious data with this Plan Revision. 9/22/11 Plan Revision DATE TSD Plan Revision Inside ORW/575ft Line Total Development Area Inside ORW/575ft Line Total Development Area Drainage Area: 2,370,036 10,989,360 2,370,036 10,989,360 54.41 252.28 54.41 252.28 25% Maximum Impervious Permitted: 592,509 2,747,340 592,509 2,747,340 Total Impervious Allocated: 592,509 2,747,340 592,509 2,747,340 On -Site Buildings/Lots 429,825 1,636,225 On -Site Streets 149,185 795,035 On -Site Sidewalks 4,327 77,244 On -Site Other 0 221,808 Future 9,172 17,028 ft2 ac ft2 ft2 ft2 ft2 ft2 ft2 ft2 2.) Plan Sheets: Sheet 005 was submitted on January 14, 2016. Is it your intention to keep any other previously -permitted plan sheets in the permitted set, or is Sheer 005 inclusive of all of the data currently relevant to the project? 3.) Easements: Please provide easements on the plan for the curb outlet swales and for the "vegetated areas" that are being used in lieu of curb outlets per 15A NCAC 2H .I005(g) & (h). State Of North Carolina ; Environmental Quality : Energy. Mineral and Land Resources 127 Cardinal Drive F.xfeneinn i Wilmington, NC 29405 910 796 7215 7' i 910 350 2004 F ; htlo://oorlal.ncdenr.oruM-eb/lr/ State Stormwater Permit No. SW8 050516 Page 2 of 2 4.) Plan Reprints: I meet with your engineer on February 29, 2016 to discuss the submittal. At that meeting we realized that the copies submitted were not completely legible because the text had smeared at the print shop. Please submit two copies of reprinted sheets. Please keep in mind that changing one number may change other numbers and require the calculations, supplements, and other supporting documentation to be updated. Verify all numbers are correct to ensure consistency in the application documents, Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to April 4.2016, 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 email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. Please note that a second significant request for additional information may result in the return of the project. If the project is returned, you will need to reschedule the project through the Express coordinator for the next available review date, and resubmit all of the required items, including the application fee. 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) 796-7331 or email me at kelly.p.johnson@Jlcdenr.gov Engineer GDS/kpj: G:1WQ\Shared\StormWater\Permits & Projects12005 \050516 LD12016 03 addinfo 050516 ene : General 401 Water Quality Certification #3402 cc: Caleb Wright, PE Wilmington Regional Office State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 127 Cardinal Drive Extension I Wilmington. NC 29405 910 796 7215 T ! 910 350 2004 F L hito://Ponal.ncdm.ore/web4r/ 0� w A icheel F. Easley, Governor to p William G. Ross Jr. Secretary 10 North Carolina Department of Environment and Natural lGources r? r Alan W. Klimek P.E., Director .r Division of Water Quality Coleen H. Sullins, Depputy Director Division of WaterQuality January 13, 2006 Mr. Sherrell Futral Bluewater Associates of Emerald Isle Inc. PO Box 4340 Emerald Isle, NC 28594 Subject: General 401 Water Quality Certification #3402 Cannonsgate Subdivision Carteret County Dear Mr. Futral: The Wilmington Regional Office received your Pre Construction Notification application for a US Army Corps of Engineers (USACE) Nationwide 18 Permit on November 28, 2005, and received additional information on November 28, 2005 and January 13, 2006. The wetland impacts proposed in Cannonsgate Subdivision in Carteret County are for the purpose of constructing an access drive for Lots 60 and 61. You are authorized to impacf 0.078 acres of Section 404 Wetlands under General Water Quality Certification (WQC) # 3402 (attached). This Certification allows you to use your 404 Permit when the Corps of Engineers issues it. Written concurrence from the Division of Water Quality (DWQ) is not required provided that you can meet all of the conditions of the General Water Quality Certification. If at anytime during construction of your project you determine that you cannot meet these conditions or if then are any additional impacts to wetlands or water quality not described in your application, you must contact this office immediately. 3900. If you have any questions concerning this matter, please do not hesitate to call me at (910)-395- Sincerely, , & Noelle Lutheran Environmental Specialist III Attachments: WQC #3402 cc: Cyndi ICaroly, 401 Oversight Unit Mickey Sugg, USACE Wilmington Trentt James, DLR Wilmington Doug Huggeit, DCM Morehead City Kim Williams, Land Management Group WiRo N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington. NC 2U05 (010) 350-20% Fax 1 a00 W-774 e An Equal Opportunity/Af@rmalive Adion Employer— 50% Recyded110% Post Consumer raper 1� Caroh 1a �%.1�17//'s Johnson, Kel From: Johnson, Kelly Sent: Tuesday, March 01, 2016 9:37 AM To: 'Keith Maready' Cc: Jordan Maroules; Ken Banks; Brian Campbell; Robert Moore Subject: RE: Cannonsgate I met with Caleb yesterday, and I have it on my desk right now. I'll be back in touch. Ai From: Keith Maready [mailto:keithmaready@gmail.coml Sent: Tuesday, March 01, 2016 9:25 AM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Cc: Jordan Maroules<jordan@streamlinedevelopers.com>; Ken Banks <ken@groupbec.com>; Brian Campbell <brianc@campbelloil.net>; Robert Moore <rileyoutdoor@gmail.com> Subject: Cannonsgate Morning Kelly I haven't heard from you recently. I've met with Mr. Wright, the engineer for RA North on several occasions and have had detailed discussion. I undcrstand Mr. Wright has presented to your office the proposed corrective action plan for making the storm water permit compliant which would allow the conveyance of the permit from RA North to Cannonsgate HOA. I have reviewed the plan on site with Mr. Wright and there are some points of concern on behalf of our HOA. As I see it there are also some areas which I would think your agency has concern. Our first and most important concern is for the permit / plan to be made rightfully compliant with your agency's requirements at no cost to the Cannonsgate HOA. I understand the cost topic would be a discussion between Cannonsgate and RA North. While we intend to be cooperative, we do not intend to accept transfer of permit or absorb cost for obtaining compliant status on permit currently issued to RA North. Other Board members have not viewed the proposed corrective action plan but will be doing so as soon as I receive that plan and scope of work from Mr. Wright. I have indicated to the Board the two areas of most concern to me is; the end of Boundary street which was constructed in wetlands and the proposed change between the north face of our marina and Cannonsgate Drive. There are other areas of concern in our community which the storm water needs were simply not meet by design on the permitted plan. While we believe there are several which have liability in the inadequacy of meeting that need, we know those areas of inadequacy have become our responsibility. Those areas of excessive standing water on our streets. for way more than normal or expected length of time have increased the degradation of our streets. The standing water also has negative impact on the aesthetic appeal of our community. We hope to gain cooperation from your agency on means and methods for corrections in those areas. Note I have copied all Board members. This is an issue we are passionate about in that we want handed to us what was projected to be delivered and from that we will maintain all areas to the highest expectations. I, and I think 1 speak for others, feel this has been outstanding far too long and desire the process to be expedited. There have been many deadlines set and not met. What is your expectation for resolution on the proposed corrective action plan? Regards Keith Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, November 24, 2015 8:53 AM To: 'Caleb Wright' Cc: Georgette Scott Subject: Cannonsgate Meeting Yesterday Attachments: 15A NCAC 02H.1000 effective 199512 01.pdf Caleb, Thanks for meeting yesterday. Here are the notes I will leave on file: 1. General Approach: Please consider each swale individually in relation to the rule requirements, and document a decision for each one. Options for swales: a. Keep swales: Swales that are installed per the plan will be left in place. b. Install swales: Install missing swales as they are shown on the permitted plans. c. Modify swales: If, when considering full build -out, you determine that the flow rate/velocity of the water warrants redesign of a swale then it can be modified. i. Curb Outlet Swales: I. 15A NCAC 2H .1008(g) sets specific requirements to "convey the stormwater to grassed swales or vegetated areas prior to the runoff discharging to vegetative filters or wetlands." Curb outlet swales shown on the plan cannot be removed, but their design can be modified if it still meets the legal requirements. 2. 15A NCAC 2H .1008(h) allows for alternative designs that "provide equal or better stormwater control, equal or better protection of waters of the state, and result in no increase potential for nuisance conditions." This is another option for modifying curb outlet swale design. ii. Non -Curb Outlet Swales: These swales may also be able to be modified under the alternative design rule. d. Remove swales: If, when considering full build -out, you determine that the flow rate/velocity of the water does not necessitate a non -curb outlet swale then it can be removed. 2. Complete System: We discussed that there are some swales that are not currently in place and they are supposed to be on lot lines between homes. While we understand your concern that if you install the swales now the upcoming adjacent construction may destroy them, we cannot transfer the permit to the HOA without a complete system in place which can serve the community appropriately at full -build out. If the HOA, the homeowners impacted, and the developer can reach an agreement to allow the swales to be installed after each home is constructed then we can discuss that further. It would have to be a legal agreement tied to each impacted lot, and it would also have to specify who is responsible for the installation, that the swale had to be installed before the CO is issued for the homes on each side, and there would have to be a specific design for each swale to be installed so that they one day know what to build. 3. Regulation: This project was designed under the 1995 version of 15A NCAC 2H .1005, which is attached. 4. Impervious Area: There may have been bike lanes and other impervious installed that was not originally planned for. The project needs to meets is low density requirements (both inside the ORW 575 line and outside of that line). 5. Pipes: Pipes are limited to draining only water underneath impervious surfaces (such as from one side of a road to the other) in low density projects. Please keep this in mind in your design. 6. CAMA: We talked to Debbie Wilson, DCM Supervisor in our office, and she said that Ronda Bennett in the Morehead City office, 252.808.2808x206, will have the latest CAMA permit plans. Thanks, Kelly 1 IzeLLUj0hVLS0w Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 ''- DEMLR USE ONLY Date Received Fee Paid (express only) Permit Number $n 6 O 5 1 Ja J co11511S I'fv� -57OW T�i�' State of North Carolina �k31 W E P-�E�RLIZ ED ;� Q NCO ��QSi. Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources STORM WATER MANAGEMENT PE:31:xT'�' PLAN REVISION AT'PLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION PJE1VE , 1. Stormwater Management Permit Number: SW8 050516 JAN 14 2n 2. Project Name: Cannonsgate at Bowe Sound BY: 3. Permit Holder's name (specify the name of the corporation, individual, etc.): Mr. Randy Allen, President, RA North Development Inc 4. Print Owner/Signing Official's name and title (person legally responsible for permit): Randy Allen, President 5. Mailing Address for person listed in item 2 above: 3129 Sprinebank Lane City:Charlotte State:NC Zip:28226 Phone: 704 L_ 847-6006 Fax: Email: II. PLAN REVISION INFORMATION 1. Summarize the plan revision proposed (attach additional pages if needed): As built conditions were reflected in the plans and swales were eliminated or revised as vegetative areas where conditions warrated. III. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. The complete application package should be submitted to the DEMLR Office that issued the permit. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original & 1 copy of the Plan Revision Application Form • Two (2) copies of revised plans (must be revisions of original approved plan sheet(s)) If avplving for Express review (only available in 20 coastal counties): • Application fee of $500.00 (made payable to NCDENR) VI. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 3) Mr. Randy Allen, Presi den t certify that I have authorized these plan revisions and that the information included on this plan revision application ir, to the best of my 'knowledge, correct and complete. Plan Revision Form Rev. Oct. 31, 2013 Date: / -23 - / C GCGIVE JAN 14 2016 BY: Plan Revision Form Rev. Oct. 31, 2013 EI . Narrative Revision Request JAN 14 2016 Stormwater Permit SW8 050516 Cannonsgate at Bogue Sound BY. Carteret County January 11, 20116 State Stormwater Permit SW8 050516 was issued to R.A. North Development, Inc. (Randy Allen, President) on June 2, 2005 for development of Cannonsgate at Bogue Sound, located on Highway 24 in Carteret County. The low density subdivision with a curb outlet system has been built and most of the lots sold to others. However, the stormwater permit has not been transferred to the subdivision property owners association or another entity. Therefore, R. A. North Development Inc. remains the holder of the stormwater permit and requests this revision. The purpose of this revision is to allow maintenance and certification of measures in accordance with the stormwater permit while minimizing ground disturbing activities. No changes in BUA are requested as part of this revision. A plan revision was approved on August 22, 2007 providing for the final design of the amenity site and revision of the swale layout and drainage areas. Swales listed on the 2007 revision of sheet 005 titled "Grass Swale Layout with Drainage Areas" were reviewed to make determinations regarding whether they serve a function and whether they could be revised as vegetative areas due to their location in a common area. SW8 050516 currently references swales numbered 1-39. A number of these swales appear to have been permitted for the initial construction and no longer perform a function. In addition, many of the remaining swales are located in dedicated common areas and will function as well or better as vegetative areas rather than grass lined swales. The remaining swales will remain as currently permitted. Swales numbered 1-6, 11-13, 16, 23, 25, and 27-28 are all currently permitted in common areas wider than the 1 Oft occupied by the swale. These swales are being revised to vegetative areas subject to the same restrictions and maintenance requirements as the swales but will approach sheet flow further minimizing velocity. Vegetative areas are shown on the current drawing revision as a 100ft radius of the curb outlet / curb end and are bound by the edge of pavement and any adjacent property boundaries. Vegetative areas 3-6, 11-13, and 27 are fed by the end of the curb and gutter and are noted on the drawing as "Curb End." The remainder of the vegetative areas are fed by curb outlets and are shown with elevations on the drawing as "Curb Outlet." Drainage areas 25 and 28 have additional curb outlets numbered 25A and 28A to handle nuisance water adjacent to common areas. 100ft radius vegetative areas are shown on the drawing serving these curb outlets. Swales 37, 38, and. 38A are currently permitted to drain the parking lot and associated area near the amenities area as revised in 2007. Swale 37 was moved from the curb outlet closest to the tennis courts to two adjacent curb outlets to the West and revised as a vegetative area. Swale 38 was moved from the south corner of the parking lot to the north corner of the parking iot and revised as a vegetative area. Due to the installation of drains and pipes under the parking lot, the catchments for 3 8 and 3 8A were combined because they both have pipes that report to the vegetative area to the east. 38A remained where it is currently permitted and is revised as a vegetative area serving two 6" corrugated HDPE pipes and one 8" PVC pipe associated with the drains in the parking lot. Swales 7-10, 14-15, 17-19, 21, 34, 36, and 39 were deleted as they serve to concentrate flow that otherwise would report as sheet flow to adjacent common areas. These swales may have been included for control of water during initial construction but are no 'Longer needed. See table 1 below for a summary of the above determinations. Upon approval of this request, activities necessary to complete a certification of measures will occur in conjunction with the subdivision property owners association. I�lA�021 �/i SE L 'r• SOpe WR`G�'�\\�� ECEIVE JAN 14 2016 sv: Tol%la 1 — Cnmmnry nf CnrrPnt Rwale Determinations & Reauested Revision Current Drainage Area Comment Determination Veg' Area Delete Swale 1 Performs as well as or better as vegetative, area. x 2 Performs as well as or better as vegetative area. x 3 Performs as well as or better as vegetative area. x 4 Performs as well as or better as vegetative area. x 5 Performs as well as or better as vegetative area. x 6 Performs as well as or better as vegetative area. x 7 Performs no function. x 8 Performs no function. x 9 Performs no function. x 10 Performs no function. x 11 Performs as well as or better as vegetative area. x 12 Performs as well as or better as vegetative area. x 13 Performs as well as or better as vegetative area. x 14 Performs no function. x 15 Performs no function. x 16 Performs as well as or better as vegetative area. x 17 Performs no function. x 18 Performs no function. x 19 Performs no function. x 20 Swale required. x 21 Performs no function. x 22 Swale required. x 23 Performs as well as or better as vegetative area. x 24 Swale required. x 25 Performs as well as or better as vegetative area. Curb outlet 25A added draining to V.A. x 26 Swale required. x 27 Performs as well as or better as vegetative area. x 28 Performs as well as or better as vegetative area. Curb outlet 28A added draining to V.A. x 29 Swale required. x 30 Swale required. x 31 Swale required. x 32 Swale required. x 33 Swale required. x 34 Performs no function. x 35 Swale required. x 36 Performs no function. x 37 Performs as well as or better as vegetative area. x 38 Performs as well as or better as vegetative area. x 3 8A Performs as well as or better as vegetative area. x 39 _ Performs no function. x _ Totals 17 13 10 W se W 141 cJ ISEC 1/12/16 To: NC Division of Environmental Quality Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Att'n: Kelly Johnson, Environmental Engineer From: Caleb Wright, Principal Engineer Industry Standard Engineers & Consultants - PLLC 400 Harbor Drive New Bern, NC 28560 r�0514 RE: Stormwater Project SW8 0 Revision Application Submittal Cannonsgate at Bogue Sound Carteret County, North Carolina Dear Kelly: ECEiVE JAN 14 2016 BY: As per our recent communications please find the enclosed permit revision package for Cannonsgate at Bouge Sound. I have attached a copy of the approved drawing from the 2007 revision that is the basis for this revision. They were on file with R. A. North Management and are provided for your records. Sincerely, Industry Standard Engineers & Consultants - PLLC Caleb Wright, PE Principal Engineer INDUSTRY STANDARD ENGINEERS & CONSULTANTS- PLLC . FIRM P-1346 O\A +CAI I rRo�af, r ti �°,' •Orr E t .� •:� EAL 509 400 HARBOR DR, NEW BERN, NC 28560 PAGE 1 CC: Mr. Randy Allen File: 014 RA North Encl: (lea) Original Stormwater Management Plan Revision Application Form (1 ea) Copy of the Stormwater Management Plan Revision Application Form (tea) Revised Sheet 005, Grass Swale Layout with Drainage Areas (1 ea) Narrative (1 ea) Copy of approved drawings from the 2007 revision from RA North files (1 ea) Copy of August 22, 2007 letter indicating that sheets 4 and 5 should be replaced (1 ea) Copy of June 16, 2010 letter providing the approved drawings to RA North ECEIVE BAN 14 M16 BY: INDUSTRY STANDARD ENGINEERS & CONSULTANTS- PLLC • FIRM P-1346 • 400 HARBOR DR, NEW BERN, NC 28560 PAGE 2 SW8 050516 — Cannonsgate Record of Significant Events — 7/28/15 6/2/05: Original Permit Issued a. Issued to R.A. North Development, Inc. h 25% Low density with curb outlet (ORW), 1995 Rule. There are also several amenity ponds not covered by the permit. 2.) 1/23/06: Plan Revision to reallocate "future" impervious to specific uses. 3.) 8/22/07: Plan Revision to reallocate "future" impervious to specific uses. (A letter mailing the plans for the 8122107 Plan Revision was sent on 6116110). 4.) 5/16/11: Compliant Inspection (D. Cox) 5.) 7/26/11: Received a Name/Ownership Change Request from the developer, but it was not signed by the HOA (and it was before the HOA transfer law). 6.) 9/22/11: Permit Modification (Most Recent Permit) a. Reallocated "future" impervious area to specific uses (Lot 437). b. Current 0&M Agreement/Low Density Supplement is with this permit. c. Deed Restrictions: Recorded BK1121/146; received on 7/26/11. (Note, some of the lots' impervious area is recorded at values below the value allowed by the permit.) 7.) 2/14/12: Project Return 8.) 7/16/12: Individual Permit Issued to Lot 437 (Inside SW8 050516) 9.) 9/12/14: File Review by HOA & their Surveyor, Prestige Land Surveying. K. Johnson met with them during their review. They were trying to determine how to fix two safety issues and still be compliant with the permit. K. Johnson said that the Division may have to look at fixing those issues as "alternative measures' per .1008. They would also like to eventually transfer the permit to the HOA. Two issues: a. Water pooling in a road that reportedly isn't draining properly. They want to put in a pipe/LSNFS to get the water off of the road. Complications include that this is ORW 575, and that they will need to shorten a CO swale from the required 100ft to get their proposal tc v ork. The plans do not sho wdetailed topography with spot elevations in this area. Swales #8 & #29 look like they should receive the road's water, but they are reportedly not graded properly. b. An amenity pond does not have anywhere to overflow. (This isn't an issue under the State Stormwater permit, but we will help them address it if there is a way to modify our permit that will allow them to fix this related issue.) They want to put in a swale (or pipe/LSNFS?) along one side of Lot 519. They think they can get an easement from that owner. This is also ORW 575 10.) 9130/14: Non -Compliant Inspection Letter (B. Lambe) a. Stormwater measures are not installed per the approved plan. i. Some swales (such as Swale #29) is not constructed per the plan, and so the drainage to it is ponding in the road. ii. Many curb outlet swales are not constructed per the plan (100ft long, 5:1 etc). The inlet of the curb commonly has a small rock pad and then steps up to a sod lip preventing drainage. b. Submit Designer's Certification. 11.)11/7/14: Non -Compliant File Review Inspection (K. Johnson). Also see email on same date. a. Parties Involved: i. Current Permittee Representative: Melissa Williams, RA Management, Inc. ii. Glenn Dunn, Poyner & Spruill iii. Keith, Prestige Land Surveying iv. Riley Hom, R. H. Construction, Inc. & HOA b. Designer Certification Needed: Required per Permit Section II(8). If the site can be certified, then the site will be considered in compliance. i. Pooling Water in Street: Not a permit violation. Only issue is if stormwater measures aren't built correctly. ii. Amenity Pond without Overflow: Beyond the scope of the permit. If the permit is hindering a solution, then we can discuss that further. c. Transfer: Permit either has to be in compliance, or we have to come to an agreement with all parties to bring the site into compliance. Administrative items needed for transfer. i. Common area deeds (showing that HOA owns those areas) ii. Documentation that 50% has been sold iii. Name/Ownership Form d. Follow Up from the 11/7/14 Email: i. 10./28/14: Letter from permittee (R.A. North Development): They believe that the HOA is responsible for the stormwater permit because they assumed control in 2005. (But they are evidently unaware that the permit must be transferred separately.) 10/30115: Email between developer and B. Lambe clarifying that the permit is still in the developer's name and that he is still responsible for it. iii. 12/22/15: Email between HOA and K. Johnson requesting status. Developer did not respond to the 11/7/14 inspection. iv. 2/11/15: Email between HOA and K. Johnson requesting status. Developer did not respond to the 11/7/14 inspection. 12.) 2/11115: NOD a. Section II(3): Stormwater features must be substantially constructed. b. Section II(8): Certification is needed. "The permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications..." c. Section III(5): Transfer needed. i. Common Area Deeds needed ii. Documentation of 50% sold needed iii. Transfer form needed 13.) 3/6/15: Response to NOD received a. Certification & Substantial Construction: i. Submitted by John Riggle, Project Manager with Trader Construction. He is the contractor responsible for the work. His qualifications are unclear (not PE or PLS on letter). ii. Some swales not built, determined not to be needed. iii. Says that any deficiencies noted during the project were corrected. iv. LawyersPoints: Lawyer discusses his meeting with the State a iew years ago (2019?). They discussed the issues with the swales at that time. Lawyer says law requires "substantial compliance" and not "compliance". 14.) 6/1/15: Continuing NOD a. Same deficiencies as 2/11/15 b. Determination: The permit says that the "permittee" has to certify the system. In this case there is disagreement between the permittee/developer and the proposed permittee/HOA as to whether or not the project is constructed within "substantial compliance" of the permit requirements. A certification from an appropriate design professional such as a PE or a PLS is therefore warranted. i. Certification Can Be Obtained: If the project can be certified, then the permit will be considered in compliance, and it can be transferred. ii. Certification Can Not Be Obtained: If an appropriate design professional cannot certify that the system has been installed within substantial compliance with the permit, then the permit is not in compliance and cannot be transferred. If this is the case, then the permittee will have to modify or revise the permit to match the field conditions. 1. If there are issues such as if a curb outlet swale is missing or is built shorter than it was permitted to be built, then the permittee will have to provide justification for each change. 2. The permittee could choose to propose other changes to the permit as well, but it is not required. For instance the HOA has brought up two safety issues. There is water ponding in the street, and there is an amenity pond that reportedly does not have an overflow point. Another issue that could be addressed is that some of the deed restrictions for impervious area per lot are recorded at values below what the State Stormwater permit allows. The permittee could modify the deed restrictions to increase the impervious area per lot for the lots affected. c. Transfer: Common area deeds, documentation of 50% sold, and transfer form are still needed. 15.) 6/19/15: Tracy Davis (DEMLR Director) & RA North (permittee/developer) Phone Call: a. Summary: Upheld 6/1/15 determination. Also noted that items not required to be addressed by the permit will have to be addressed by the HOA. 2 b. Email Text: I just got off the phone with Glenn Dunn, attorney for RA North. We discussed the current situation and we agreed that there are two options: 1) RA North obtain the services of a PE/PLS to review the SW plan and permit vs. the site conditions and certify that the site is in substantial compliance with the permit or 2) if such PE/PLS is not comfortable certifying substantial compliance, then a meeting will be scheduled at the site with DEMLR, RA North rep, PE/PLS, and HOA rep to discuss work to be done onsite to make it certifiable — and once the work is completed and the certification issued, the permit will be deemed in compliance and transferred to the HOA. The other areas outside of the permit will have to be addressed by the HOA. 16.) 7/2/15: Glenn Dunn (RA North's attorney) requested an onsite meeting which has been scheduled for 7/29/15 at 12:30pm at the clubhouse. 17.) 7/10/15: Govemor's Office, RA North, Braxton Davis (DCM) & DEMLR/WiRO (G. Scott & K. Johnson) Phone Call: Reiterated the 6/19/15 discussion and the 6/1/15 letter. There were follow up calls/emails which resulted in clarification of previously - mailed documents and verification of the 7/29/15 meeting. Email text to RA North from K Johnson: Mr. Allen, As we discussed on the phone this afternoon, here is a list of the items we will need to transfer the permit. This list is also in the 6/1 /15 letter. We received a package on 6/15/15, and so I have updated the 6/1/15 list as appropriate: 1.) Certification [permit Section II(8)]: Please submit a certification from an appropriate professional such as a PE or a PLS certifying that the project has been constructed in substantial compliance with the permit requirements. 2.) Plan Revision: If the PE/PLS determines that changes have been made in the field that differ from the permitted plans, or if additional changes are necessary to bring the project into compliance please have him/her document those changes in the form of a Plan Revision. This is a simple, free process. All you will need to do is to submit the 1-page Plan Revision Application form which is available online, http://portal.ncdenr.org/web/Ir/state-stormwater- forms—docs and two sets of plans documenting the changes. We will approve and keep a set, and one will be sent to you (or to the HOA when it transfers). 3.) Administrative Items: a. Common Area Deed: Submitted 6/15/15 b. Documentation of at least 50% of the lots sold: SL 2011-256 requires that 50% of the lots be sold to owners other than the declarant of the planned community. We received a list on 6/15/15 showing the deed closing dates of the lots in the subdivision, but the list does not include the lot owner's name and so I do not know who they were deeded to. Please provide clarification that 50% of the lots are not currently owned by your company. c. Name/Ownership Change Form: Submitted 6/15/15 If you have further questions please let me know. Thanks, Kelly 18.) 7/27/15: Change in HOA Contact. Riley Home is stepping down at the end of July, and Brian Campbell (910.862.0782, bdanc@campbelloil.net) is taking over. 19.) 7/28/15: K Johnson spoke with Melissa Williams, a representative of RA North, and she indicated that the permittee plans to submit the certification and plan revision requested in the June 1, 2015 letter. Since the intention of the meeting was to determine the actions that needed to be completed to make the site able to be certified, the 7/29/15 meeting has been cancelled. Johnson, Kelly From: Keith Maready <keithmaready@gmail.com> Sent: Tuesday, July 28, 2015 3:47 PM To: Johnson, Kelly Cc: Riley Horne; Robert Moore; Terry Lee; Brian Campbell Subject: Re: from Brian D. Campbell - Cannonsgate HOA Storm Water Meeting Info - 7-28-15 Kelly I did get the email. I too am curious to view info from permittee with regard to their belief to be substantially compliant with the issued permit. Thanks for the communication. My cell is 252-916-6986. Look forward to hearing from you. Thanks Keith Sent from my iPad Keith Maready On Jui 28, 2015, at 2:39 PM, "Johnson, Kelly" <kelly.p.iohnson@ncdenr.Pov> wrote: <image002.gif> Mr. Maready, I do not have a phone number for you, but I wanted to verify that you received the email I sent this afternoon about tomorrow's meeting being cancelled. Will you please email me back to let me know? Evidently the permittee believes that it can be certified, and so though they had previously requested the meeting they have now requested it to be cancelled. Thanks, Kelly From: Brian Campbell fmailto:briancCalcamobelloil.net] Sent: Tuesday, July 28, 2015 11:40 AM To: Johnson, Kelly Cc: Riley Horne; Robert Moore; Keith Maready; Terry Lee Subject: RE: from Brian D. Campbell - Cannonsgate HOA Storm Water Meeting Info - 7-28-15 Hey Ms. Johnson: Thank you for the reply to my email and I have CC'd the HOA Board in this email. I will be out of town in Atlanta for meetings this week but Mr. Keith Maready that serves on our HOA Board will be in attendance at this meeting tomorrow at the Cannonsgate Clubhouse at 12:30pm. Thank you for all your help with this and call or email with any questions. Have a Great Day ........... Brian D. Campbell Campbell Oil Company P. O. Box 637 418 Peanut Road Elizabethtown, NC 28337 Phone: 910-862-0782 (Direct Line) Fax: 910-862-5560 Cell: 910-874-2005 Email: brianc@campbelloil.net <i m age003. p ng><i m age004. j pg><i m age005.j pg> "A Third Generation, Family Owned and Operated Business since 1948" From: Johnson, Kelly[mailto:kelly.p.johnsoppncdenr.gov] Sent: Tuesday, July 28, 2015 7:59 AM To: Brian Campbell Subject: RE: from Brian D. Campbell - Cannonsgate HOA Storm Water Permit - 7-27-15 Mr. Campbell, I was out of the office yesterday unexpectedly, which is why I did not return your call. I need to talk with my supervisor to verify a few things when she gets in this morning, and then I will send out an email about tomorrow's meeting which is at 12:30 at the clubhouse. We can also talk this afternoon if necessary. Thanks, Kelly Johnson, Kell From: Johnson, Kelly Sent: Tuesday, July 28, 2015 2:11 PM To: 'Dunn, Glenn;'Melissa Williams;'prestigesurveying@embargmail.com; 'riley@rileyhorneconstruction.com'; 'Brian Campbell; Robert Moore; Keith Maready; Terry Lee Cc: Sams, Dan; 'Georgette Scott'; Davis, Tracy; 'Bradley Bennett' Subject: Cannonsgate State Stormwater Meeting - 7/29/15 Cancelled All, I just spoke with Melissa Williams, a representative of RA North, and she indicated that the permittee plans to submit the certification and plan revision requested in the June 1, 2015 letter. Since the intention of the meeting was to determine the actions that needed to be completed to make the site able to be certified, the meeting has been cancelled. Thanks, Kelly From: Johnson, Kelly Sent: Tuesday, July 28, 2015 9:53 AM To: 'Dunn, Glenn% 'Melissa Williams'; 'prestigesurveying@embargmail.com';'riley@rileyhorneconstruction.com'; 'Brian Campbell' Cc: Sams, Dan; 'Georgette Scott' Subject: RE: Cannonsgate All, I understand that. Mr. North is in the process of contacting a PE or PLS to obtain the certification, Plan Revision, and administrative items pursuant to the previous correspondence. But, that documentation has not yet been received. We will meet you all tomorrow at 12:30 at the clubhouse. Thanks, Kelly From: Johnson, Kelly Sent: Thursday, July 02, 2015 9:21 AM To: 'Dunn, Glenn'; Melissa Williams; 'prestigesurveying@embargmail.com'; 'riley@rileyhorneconstruction.com' Cc: Sams, Dan; 'Georgette Scott' Subject: RE: Cannonsgate All, Mr. Dunn has requested a meeting to discuss sormwater at Cannonsgate. Dan, Georgette, and I are available or Wednesday, July 291" at 12:30. Unless one of you has a scheduling conflict, we will meet you near the clubhouse. Thanks, Kelly From: Dunn, Glenn mailto:hgdunnCabpoynerspruiil.�nm] Sent: Wednesday, July 01., 2015 11:07 AM To: Johnson, Kelly r._ Cc: Melissa Williams Subject: Cannonsgate Kelly,l am responding for R.A. North to DENR's Request for Additional Information dated June 23 ,2015. We request that a meeting be set up at Cannonsgate to review the stormwater plan and how it has been implemented . The objective is to determine " on the ground" what measures were not built as shown in the plan and whether any of those measures are necessary for substantial compliance with the plan . R.A. North will have Trader Construction representatives there to explain why in their opinion substantial compliance has been achieved . We will ask Prestige Land Surveying to be at the meeting, and of course the HOA's representative and DENR are essential. Our hope is to get agreement that any measures that weren't implemented are not necessary for substantial compliance, or if we can agree on an additional measure or measures that are reasonable in cost and may have some meaningful function R.A. North will consider doing it or them as long as DENR and the HOA agree that doing so will end this matter and the permit will be transferred . If you would get me dates for a meeting that work for DENR ,we will contact Prestige and Trader Construction . Then I think it best that you contact the HOA to be sure they can have a representative attend .I hope this will lead to some resolution . I realize it may take a while to set up the meeting and request that , if necessary, the deadline for response be extended an needed to allow for this meeting. I will be out of my office for much of July but do not think it necessary that I be at the meeting. But I would appreciate your letting me know in the next few days whether DENR is agreeable with this approach . Please contact me if you have any questions or want to discuss this meeting with me . H. Glenn 1. Duirin I Parbier PO)7TIer Spruill "` ATTORNrYS M- LAV, 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601 PO Box 1801, Raleigh NC 27602-1801 L:'- 919 783 2842 r: 919 783 1075 ©� 8 ;1C! ..:' nfidt ?'1e31 ?3?Ofrn ai.!(?i" . _ . nt .W . fC, Z A , `ii.F, ., :" . Y F; r:'! hb ted from ' o or r.<, �':,.. a: 64-00 and ±: tt,'<> Your Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, July 28, 2015 7:59 AM To: 'Brian Campbell' Subject: RE: from Brian D. Campbell - Cannonsgate HOA Storm Water Permit - 7-27-15 Mr. Campbell, I was out of the office yesterday unexpectedly, which is why I did not return your call. I need to talk with my supervisor to verify a few things when she gets in this morning, and then I will send out an email about tomorrow's meeting which is at 12:30 at the clubhouse. We can also talk this afternoon if necessary. Thanks, Kelly From: Brian Campbell[mailto: brianc(dcampbelloil. net] Sent: Monday, July 27, 2015 9:15 AM To: Johnson, Kelly Subject: from Brian D. Campbell - Cannonsgate HOA Storm Water Permit - 7-27-15 Ms. Johnson: My name is Brian D. Campbell and I serve on the Cannonsgate HOA Board of Directors along with Mr. Riley Horne who has been our lead person on the Storm Water Issue related to RA North, the developer of Cannonsgate. Mr. Kiley will be stepping down from the Cannonsgate Board effective 7-31-15 and I would like to talk with you about the status of the storm water permit and I think Mr. Riley said that there may be a meeting relating to this sometime this week. Could you call me when you get a chance to discuss this on my direct line at work @ 910-862-0782? After we talk I am planning to have a conference call with the entire Cannonsgate HOA Board to determine who will be representing the Cannonsgate HOA in this matter going forward. Thank you for your time with this. Have a Great Day........... Brian D. Campbell Campbell Oil Company P. O. Box 637 418 Peanut Road Elizabethtown, NC 28337 Phone: 910-862-0782 (Direct Line) Fax: 910-862-5560 Cell: 910-874-2005 Email: brianc0campbelloll.net 71" nm bgA1 A►NUTEA+IAN t>Ia� t OF i-A:1I . 'j� ��ARRAr p• x s r e w r "A Third Generation, Family Owned and Operated Business since 1948" Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, July 28, 2015 9:53 AM To: 'Dunn, Glenn; 'Melissa Williams; 'prestigesurveying a@embargmail.com; 'riley@rileyhorneconstruction.com ; 'Brian Campbell' Cc: Sams, Dan; 'Georgette Scott' Subject: RE: Cannonsgate All, I understand that Mr. North is in the process of contacting a PE or PLS to obtain the certification, Pian Revision, and administrative items pursuant to the previous correspondence. But, that documentation has not yet been received. We will meet you all tomorrow at 12:30 at the clubhouse. Thanks, Kelly From: Johnson, Kelly Sent: Thursday, July 02, 2015 9:21 AM To: 'Dunn, Glenn'; Melissa Williams;'prestigesurveying@embargmail.com'; 'riley@rileyhorneconstruction.com' Cc: Sams, Dan; 'Georgette Scott' Subject: RE: Cannonsgate All, Mr. Dunn has requested a meeting to discuss stormwater at Cannonsgate. Dan, Georgette, and I are available on Wednesday, July 29th at 12:30. Unless one of you has a scheduling conflict, we will meet you near the clubhouse. Thanks, Kelly From: Dunn, Glenn[mailto:hgdunnC&goynerspruill.com] Sent: Wednesday, July 01, 2015 11:07 AM To: Johnson, Kelly Cc: Melissa Williams Subject: Cannonsgate Kelly,l am responding for R.A. North to DENR's Request for Additional Information dated June 23 ,2015. We request that a meeting be set up at Cannonsgate to review the stormwater plan and how it has been implemented. The objective is to determine " on the ground" what measures were not built as shown in the plan and whether any of those measures are necessary for substantial compliance with the plan . R.A. North will have Trader Construction representatives there to explain why in their opinion substantial compliance has been achieved . We will ask Prestige Land Surveying to be at the meeting, and of course the HOA's representative and DENR are essential. Our hope is to get agreement that any measures that weren't implemented are not necessary for substantial compliance , or if we can agree on an additional measure or measures that are reasonable in cost and may have some meaningful function R.A. North will consider doing it or them as long as DENR and the HOA agree that doing so will end this matter and the permit will be transferred . If you would get me dates for a meeting that work for DENR ,we will contact Prestige and Trader Construction. Then I think it best that you contact the HOA to be sure they can have a representative attend .I hope this will lead to some resolution . I realize it may take a while to set up the meeting and request that , if necessary, the deadline for response be extended an needed to allow for this meeting. I will be out of my office for much of July but do not think it necessary that I be at the meeting. But I would appreciate your letting me know in the next few days whether DENR is agreeable with this approach . Please contact me if you have any questions or want to discuss this meeting with me . H. Glenn T. Dunn i . Partner Poyner Spruill LLF A7TCIRNFYS AT LAW 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601 PO Box 1801, Raleigh NC 27602-1801 L.1 919 783 2842 * F: 919 783 1075 dunn@ poynersp,r uL comvl%.urlicnien ina; contziin atto,rney prmicz;:-�-' � '. f i F. - I - ' , k % in-.fj-t' pa(i.O.n ir:zenoed cAY for ti'ie use. of'L�,-,e iiarncd i'eci�p:i3nt. llf.k!ou are- not iifia irtcnded re-----ipierd. y-o;.! are prol,L"-ed fo'-O Jl-serrAnWirig, C.,str",-Aing crec,pying. -I�iis,-,,mrilin' ,.'..ioti. Ifyov have recel,.'co this in ple--ate i .T,. rr i E, i a i (-! ly no t;(,- 7 u. s b y r F- ? tUrr, riessec-a or oy leleplho:le zt 0-1!?.783 ind cie!k�, C-,' (-,-�nrrun;- TOr'.1 yc:�-.!;' SYS'NY. VOLI. Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, July 14, 2015 1:50 PM To: 'Melissa Williams' Cc: Randy Allen Subject: RE: Follow up for Cannonsgate Stormwater Permit Attachments: Cannonsgate Email.pdf; Cannonsgate Transfer Form.pdf Melissa, Yes, Mr. Allen and I spoke Friday afternocn. I have attached a copy of the email that I sent to him which summarizes the items that are needed for the transfer. Also, I still have the transfer form. The $40 fee was returned because there is no fee for a first transfer. If you have further questions please let me know. Thanks, Kelly From: Melissa Williams fmailto:mwilliams(&ramanagementinc.com] Sent: Monday, July 13, 2015 4:04 PM To: Johnson, Kelly Cc: Randy Allen Subject: Follow up for Cannonsgate Stormwater Permit Good afternoon Kelly, I spoke with Randy Allen earlier this afternoon and he asked that I follow up with you. He informed me that the two of you spoke and you would send him an email with exactly what needs to be sent to you/DENR to request the transfer of the permit to the homeowners association? We asked Glenn Dunn to send the application with all the supporting documents including the fee however this check was returned to us. Please let me know if it is necessary to send another application. Also please let me know the check amount that should be sent. Can you also give the specifics on the plans with an engineer or surveyor stamp certifying these. As soon as we hear back from you we will gather these documents and submit them to you. Thank you, Melissa Williams Johnson, Kell From: Johnson, Kelly Sent: Friday, July 10, 2015 3:25 PM To: 'randyallen7009@gmaii.com' Cc: Davis, Tracy; 'Bradley Bennett'; Sams, Dan; 'Georgette Scott; Dunn, Glenn (hgdunn@poynerspruill.com) Subject: RE: SW8 050516, Cannonsgate Stormwater - Follow Up from the 7/10/15 Phone Call from Randy Allen Resending. Undeliverable email address. From: Johnson, Kelly Sent: Friday, July 10, 2015 3:21 PM To: 'rnadyallen7009@gmaii.com' Cc: Davis, Tracy; 'Bradley Bennett'; Sams, Dan; 'Georgette Scott'; Dunn, Glenn (hgdunn@poynerspruill.com) Subject: SW8 050516, Cannonsgate Stormwater - Follow Up from the 7/10/15 Phone Call from Randy Allen Mr. Allen, As we discussed on the phone this afternoon, here is a list of the items we will need to transfer the permit. This list is also in the 6/1/15 letter. We received a package on 6/15/15, and so I have updated the 6/1/15 list as appropriate: 1.) Certification [permit Section II(8)]: Please submit a certification from an appropriate professional such as a PE or a PLS certifying that the project has been constructed in substantial compliance with the permit requirements. 2.) Plan Revision: If the PE/PLS determines that changes have been made in the field that differ from the permitted f plans, or if additional changes are necessary to bring the project into compliance please have him/her document those changes in the form of a Plan Revision. This is a simple, free process. All you will need to do is to submit the 1-page Plan Revision Application form which is available online, http://portal.ncdenr.org/web/Ir/state- stormwater-forms docs and two sets of plans documenting the changes. We will approve and keep a set, and one will be sent to you (or to the HOA when it transfers). 3.) Administrative Items: a. Common Area Deed: Submitted 6/15/15 b. Documentation of at least 50% of the lots sold: SL 2011-256 requires that 50% of the lots be sold to owners other than the declarant of the planned community. We received a list on 6/15/15 showing the deed closing dates of the lots in the subdivision, but the list does not include the lot owner's name and so I do not know who they were deeded to. Please provide clarification that 50% of the lots are not currently owned by your company. c. Name/Ownership Change Form: Submitted 6/15/15 If you have further questions please let me know. Thanks, Kelly From: Johnson, Kelly Sent: Thursday, July 02, 2015 9:21 AM To: 'Dunn, Glenn; Melissa Williams;'prestigesurveying@embargmail.com';'riley@rileyhorneconstruction.com' Cc: Sams, Dan; 'Georgette Scott' Subject: RE: Cannonsgate All, . A - Mr. Dunn has requested a meeting to discuss stormwater at Cannonsgate. Dan, Georgette, and I are available on Wednesday, July 291" at 12:30. Unless one of you has a scheduling conflict, we will meet you near the clubhouse. Thanks, Kelly From: Dunn, Glenn[mailto:hadunn@poynersl2ruill.eom] Sent: Wednesday, July 01, 2015 11:07 AM To: Johnson, Kelly Cc: Melissa Williams Subject: Cannonsgate Kelly,l am responding for R.A. North to DENR's Request for Additional Information dated June 23 ,2015. We request that a meeting be set up at Cannonsgate to review the stormwater plan and how it has been implemented . The objective is to determine " on the ground" what measures were not built as shown in the plan and whether any of those measures are necessary for substantial compliance with the plan . R.A. North will have Trader Construction representatives there to explain why in their opinion substantial compliance has been achieved . We will ask Prestige Land Surveying to be at the meeting, and of course the HOA's representative and DENR are essential. Our hope is to get agreement that any measures that weren't implemented are not necessary for substantial compliance, or if we can agree on an additional measure or measures that are reasonable in cost and may have some meaningful function R.A. North will consider doing it or them as long as DENR and the HOA agree that doing so will end this matter and the permit will be transferred . If you would get me dates for a meeting that work for DENR ,we will contact Prestige and Trader Construction . Then I think it best that you contact the HOA to be sure they can have a representative attend .I hope this will lead to some resolution . I realize it may take a while to set up the meeting and request that , if necessary, the deadline for response be extended an needed to allow for this meeting. I will be out of my office for much of July but do not think it necessary that I be at the meeting. But I would appreciate your letting me know in the next few days whether DENR is agreeable with this approach . Please contact me if you have any questions or want to discuss this meeting with me . H. We n T. Dwr`ir: I Parvier Poyner Spruill "` 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601 PO Box 1801, Raleigh NC 27602-1801 919 783 2842 ! F- 919 783 1075 odnn cq)c ners ruiii.corn I www.poytierspruill.Com MC® 7`rn � �Ix .. 3+�r'11ir.:' cari'.rislliiir' ]'t:_its ('r ,udIng at a hme.r s' may co: ±sir�ftp yy '!Z�;Iened and confioient l Informer: icv rl- i n r• �J_ i+ Iles, e.d r€.c:;!n nt. "I"you are niot the intended r'eciDie i# o;j 1 i r !r��.... ..!��� :Jrii J Ts.+r' ..Ifs f.l�'�e � e -f;'[ a 'rP 3' }• � � }` F ' Y ., Y awe �;.o: i.),7ar� ���o�Il w ;-p` in; mur ica?ion. 6f you have .c. e'ved this c 9 ,inn, 31•,^ ti;'!i ir, er;'L?'', p!.e 7C !I' b refur"? 171E'San Via_ _ rY Ie � �'ii?rG a; 919.*$?,.�jC[r I andc�e it-tF, this [ t3! i!i '�flicr3tititi fFUi" \:?Ur Johnson, Kelly OS OS [ Co From: Davis, Braxton C Sent: Friday, July 10, 2015 9:38 AM To: Scott, Georgette; Davis, Tracy; Johnson, Kelly Cc: Bennett, Bradley; Sams, Dan; Cole, Brad; Reeder, Tom; Vinson, Toby Subject: RE: Cannonsgate Thanks they have 3 call -in lines available, one for me and two additional, so hopefully that covers everyone. Braxton Davis Director, NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 ext. 202 Please visit www.nccoastaimanaciement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Scott, Georgette Sent: Friday, July 10, 2015 9:14 AM To: Davis, Tracy; Johnson, Kelly Cc: Bennett, Bradley; Sams, Dan; Cole, Brad; Reeder, Tom; Davis, Braxton C; Vinson, Toby Subject: RE: Cannonsgate Kelly and I are available for the conference call and will call in at 1 Oam. Georgette From: Davis, Tracy Sent: Thursday, July 09, 2015 4:57 PM To: Johnson, Kelly; Scott, Georgette Cc: Bennett, Bradley; Sams, Dan; Cole, Brad; Reeder, Tom; Davis, Braxton C; Vinson, Toby Subject: FW: Cannonsgate Importance: High Kelly/Georgette, Can one or both of you attend this conference call tomorrow (Friday) morning at 10:00 am as you are involved with this Cannonsgate project and can convey the latest situation and what is needed? I will forward to all on this email the last update I received from Dan Sams on this project to get everyone up to date on this situation prior to the call. Thanks, Tracy From: Davis, Braxton C Sent: Thursday, July 09, 2015 4:30 PM To: Reeder, Tom Cc: Davis, Tracy; Vinson, Toby; Bennett, Bradley Subject: RP, Cannonsgate Thanks all - the conf call -in # is 704-849-1488 at 10am with Randy Allen and Mark Estep. Braxton Davis Director, Division of Coastal Management NC Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 x202 From: Reeder, Tom Sent: Thursday, July 9, 2015 4:16 PM To: Davis, Braxton C Cc: Davis, Tracy; Vinson, Toby; Bennett, Bradley Subject: RE: Cannonsgate Braxton — If I am remembering correctly this is a stormwater issue dealing with the transfer of the stormwater permits from the developer to the HOA. I have copied Tracy, Toby and Bradley. I believe that Bradley, or perhaps some of the stormwater staff in the WiRO have already been involved with this. Thanks for checking. Tracy — Could you have the appropriate parties participate in this conf call? That will expedite things and also free up Braxton. Thanks everybody. Tom Reeder Assistant Secretary for Environment NC Department of Environment and Natural Resources 919-707-8619 tom.reeder@ncdenr.eov From: Davis, Braxton C Sent: Thursday, July 09, 2015 4:02 PM To: Reeder, Tom Subject: Cannonsgate Tom, are you aware of any (current) issues related to the Cannonsgate development in Newport? I was referred by the Governors office (John Baldwin) to call Mr. Mark Estep, and he is setting up a conference call for me tomorrow morning to speak with him and another one of the original developers. As I understand, there seems to be some issue between the HOA and DENR on the transfer of the permits from the developers to the HOA (or something along those lines). I told him it may not involve the CAMA permits, but I'd be happy to speak with them and try to point them in the right direction. Just wanted to make sure I'm not wading into an ongoing issue that the Department is already working on. Thanks, Braxton ********************************************* Braxton Davis Director, Division of Coastal Management NC Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 x202 Johnson, Kell From: Johnson, Kelly Sent: Friday, July 10, 2015 3:25 PM To: 1randyallen7009@gmail.com' Cc: Davis, Tracy; 'Bradley Bennett'; Sams, Dan; 'Georgette Scott; Dunn, Glenn (hgdunn@poynerspruill.com) Subject: RE: SW8 050516, Cannonsgate Stormwater - Follow Up from the 7/10/15 Phone Call from Randy Allen Resending. Undeliverable email address. From: Johnson, Kelly Sent: Friday, July 10, 2015 3:21 PM To: 'rnadyallen7009@gmaii.com' Cc: Davis, Tracy; 'Bradley Bennet; Sams, Dan; 'Georgette Scott'; Dunn, Glenn (hgdunn@poynerspruill.cwm) Subject: SW8 050516, Cannonsgate Stormwater - Follow Up from the 7/10/15 Phone Call from Randy Allen Mr. Allen, As we discussed on the phone this afternoon, here is a list of the items we will need to transfer the permit. This list is also in the 6/1/15 letter. We received a package on 6/15/15, and so I have updated the 6/1/15 list as appropriate: 1.) Certification [permit Section II(8)1: Please submit a certification from an appropriate professional such as a PE or a PLS certifying that the project has been constructed in substantial compliance with the permit requirements. 2.) Plan Revision: If the PE/PLS determines that changes have been made in the field that differ from the permitted plans, or if additional changes are necessary to bring the project into compliance please have him/her document those changes in the form of a Plan Revision. This is a simple, free process. All you will need to do is to submit the 1-page Plan Revision Application form which is available online, htta://portal.ncdenr.ore/web/Ir/state- stormwater-forms docs and two sets of plans documenting the changes. We will approve and keep a set, and one will be sent to you (or to the HOA when it transfers). 3.) Administrative Items: a. Common Area Deed: Submitted 6/15/15 b. Documentation of at least 50% of the lots sold: SL 2011-256 requires that 50% of the lots be sold to owners other than the declarant of the planned community. We received a list on 6/15/15 showing the deed closing dates of the lots in the subdivision, but the list does not include the lot owner's name and so I do not know who they were deeded to. Please provide clarification that 50% of the lots are not currently owned by your company. c. Name/Ownership Change Form: Submitted 6/15/15 If you have further questions please let me know. Thanks, Kelly From: Johnson, Kelly Sent: Thursday, July 02, 2015 9:21 AM To: 'Dunn, Glenn'; Melissa Williams;'prestigesurveying@embargmail.com';'riley@rileyhorneconstruction.com' Cc: Sams, Dan; 'Georgette Scott' Subject: RE: Cannonsgate All, Mr. Dunn has requested a meeting to discuss stormwater at Cannonsgate. Dan, Georgette, and I are available or Wednesday, July 291" at 12:30. Unless one of you has a scheduling corfiict, we will meet you near the clubhouse. Thanks, Kelly From: Dunn, Glenn [mailto:h unn%Dpoynerspruill.com] Sent: Wednesday, July 01, 2015 11:07 AM To: Johnson, Kelly Cc: Melissa Williams Subject! Cannonsgate Kelly,l am responding for R.A. North to DENR's.Request for Additional Information dated June 23 ,2015. We request that a meeting be set up at Cannonsgate to review the stormwater plan and how it has been implemented. The objective is to determine " on the ground" what measures were not built as shown in the plan and whether any of those measures are necessary for substantial compliance with the plan . R.A. North will have Trader Construction representatives there to explain why in their opinion substantial compliance has been achieved . We will ask Prestige Land Surveying to be at the meeting, and of course the HOA's representative and DENR are essential. Our hope is to get agreement that any measures that weren't implemented are not necessary for substantial compliance , or if we can agree on an additional measure or measures that are reasonable in cost and may have some meaningful function R.A. North will consider doing it or them as long as DENR and the HOA agree that doing so will end this matter and the permit will be transferred . If you would get me dates for a meeting that work for DENR,we will contact Prestige and Trader Construction . Then I think it best that you contact the HOA to be sure they can have a representative attend .I hope this will lead to some resolution . 1 realize it may take a while to set up the meeting and request that , if necessary, the deadline for response be extended an needed to allow for this meeting. I will be out of my office for much of July but do not think it necessary that I be at the meeting. But I would appreciate your letting me know in the next few days whether DENR is agreeable with this approach . Please contact me if you have any questions or want to discuss this meeting with me . PoYner SPrui 1.`E` Al7OR NE", AT LAW 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601 PO Box 1801, Raleigh NC 27602-1801 D - 919 783 2842 c . 919 783 1075 gdunnPpoynerspruill.Gom � www. cti,nerspruili.corn ©C8 may contain a` t rmey pri',';i ilea and coralfidential infor'IT.1no'n v LiSe Ca'. the n.:, t 1. i'i trll!? are not the intended d rr•.ipicr!;, you are prohibited from ng or Tt 0y'i C.' 1''i1T;4k?li ation. If y(N.- `;a!'e re.:e3`,ed this ^...nrnn! _ 'C4t;b9, in u'rY[�r', pIpP;5P' ), i`elurrl:'t" i,y' iel r I'( Re c�l?,;J I '. rJi.t' �Cti� and i?h;i }f t li i iE}rr±r-lJrliC<'c�tiUP.' r rri Yr tic'.. . .. . Johnson, Kell From: Johnson, Kelly Sent: Friday, July 10, 2015 3:21 PM To: 'rnadyallen7009@gmaii.com' Cc: Davis, Tracy; 'Bradley Bennett; Sams, Dan; 'Georgette Scott; Dunn, Glenn (hgdunn@poynerspruill.com) Subject: SW8 050516, Cannonsgate Stormwater - Follow Up from the 7/10/15 Phone Call from Randy Allen Mr. Allen, As we discussed on the phone this afternoon, here is a list of the items we will need to transfer the permit. This list is also in the 6/1/15 letter. We received a package on 6/15/15, and so I have updated the 6/1/15 list as appropriate: 1.) Certification [permit Section II(8)]: Please submit a certification from an appropriate professional such as a PE or a PLS certifying that the project has been constructed in substantial compliance with the permit requirements. 2.) Plan Revision: If the PE/PLS determines that changes have been made in the field that differ from the permitted plans, or if additional changes are necessary to bring the project into compliance please have him/her document those changes in the form of a Plan Revision. This is a simple, free process. All you will need to do is to submit the 1-page Plan Revision Application form which is available online, http://portal.ncdenr.ore/web/Ir/state- stormwater-forms docs and two sets of plans documenting the changes. We will approve and keep a set, and one will be sent to you (or to the HOA when it transfers). 3.) Administrative Items: a. Common Area Deed: Submitted 6/15/15 b. Documentation of at least 50% of the lots sold: SL 2011-256 requires that 50% of the lots be sold to owners other than the declarant of the planned community. We received a list on 6/15/15 showing the deed closing dates of the lots in the subdivision, but the list does not include the lot owner's name and so I do not know who they were deeded to. Please provide clarification that 50% of the lots are not currently owned by your company. c. Name/Ownership Change Form: Submitted 6/15/15 If you have further questions please let me know. Thanks, Kelly From: Johnson, Kelly Sent: Thursday, July 02, 2015 9:21 AM To: 'Dunn, Glenn'; Melissa Williams;'prestigesurveying@embargmail.com';'riley@rileyhorneconstruction.com' Cc: Sams, Dan; 'Georgette Scot Subject: RE: Cannonsgate All, Mr. Dunn has requested a meeting to discuss stormwater at Cannonsgate. Dan, Georgette, and I are available or Wednesday, July 29th at 12:30. Unless one of you has a scheduling conflict, we will meet you near the clubhouse. Thanks, Kelly From: Dunn, Glenn[mailto:hgdunn@poynerspruill.com] Sent: Wednesday, July 01, 2015 11:07 AM To: Johnson, Kelly Cc: Melissa Williams Subject: Cannonsgate Kelly,l am responding for R.A. North to DENR's Request for Additional Information dated June 23 ,2015. We request that a meeting be set up at Cannonsgate to review the stormwater plan and how it has been implemented . The objective is to determine " on the ground" what measures were not built as shown in the plan and whether any of those measures are necessary for substantial compliance with the plan . R.A. North will have Trader Construction representatives there to explain why in their opinion substantial compliance has been achieved . We will ask Prestige Land Surveying to be at the meeting, and of course the HOA's representative and DENR are essential. Our hope is to get agreement that any measures that weren't implemented are not necessary for substantial compliance, or if we can agree on an additional measure or measures that are reasonable in cost and may have some meaningful function R.A. North will consider doing it or them as long as DENR and the HOA agree that doing so will end this matter and the permit will be transferred If you would get me dates for a meeting that work for DENR ,we will contact Prestige and Trader Construction . Then I think it best that you contact the HOA to be sure they can have a representative attend .I hope this will lead to some resolution . I realize it may take a while to set up the meeting and request that , if necessary, the deadline for response be extended an needed to allow for this meeting. I will be out of my office for much of July but do not think it necessary that I be at the meeting. But I would appreciate your letting me know in the next few days whether DENR is agreeable with this approach . Please contact me if you have any questions or want to discuss this meeting with me - Hr ClWin,rwT. ''Juk[i1 Poyner '_--q r 111. IF k 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601 PO Box 1801, Raleigh NC 27602-1801 C;r 919 783 2842 ; 919 783 1075 rr'jf'.if}(Fz'�TC'.j"}PrS[1-LliI CC['51I�A.`__-._.r.��-1��-•-•�-�--�-- I attor p: e— a -.Inc>•. ..7 �.' .,.�� i, Th: USf' C- ...:1 ! i� rc r.. ii,�� . :r': Pic ii): i.'. .r jC aIG iio .'c! ` ?•y `- _ t �I _ L '(Y CC, •11:rY W'R-ac ion. If you have: read -ver.` i a �. n erroir. P;eas_, I v retun,. r;�f v4 i)y te-lc'phCpn `?'1r.7�: r[{j[i and F: :V' n � Im j t: �: �t :. i-. J� �i tl al:. 4.�}i� II �if;l:.3...�.}i e _ r; jlnLlr . Th,a.r`k - 2 Johnson, Kelly From: Johnson, Kelly Sent: Friday, July 10, 2015 2:50 PM To: 'Dunn, Glenn' Cc: Melissa Williams; 'Georgette Scott' Subject: RE: Cannonsgate Attachments: Email —Sets Up July 29 2015 Meeting.pdf Mr. Dunn, i am confused by this. I thought we were meeting on 7/29/15 per your request dated 7/1/15 as discussed in the attached email? Kelly From: Dunn, Glenn[mailto:hgdunn@poynerspruill.com] Sent: Friday, July 10, 2015 1:37 PM To: Johnson, Kelly Cc: Melissa Williams Subject: Cannonsgate Kelly, I will be on vacation the next two weeks. I have not heard any more about a meeting at Cannonsgate, but am not planning to go to the meeting and perhaps you have communicated with Melissa . At any rate, I think you already know to move ahead without me. I do want to be sure that the response deadline of July 23 in the notice will be extended or that we have responded for now. Please let Melissa know. And thanks. H. Glenn T. Dunn ! Partnet Foyn r SI-41rW 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601 PO Box 1801, Raleigh NC 27602-1801 919 783 2842 i i 919 783 1075 rrr:e,�+. x•xi Ns eiectronIr. [,urn-iuriIca t'on n.c!ijdin9 j+'a.,I..n',ents3 t nay L:on,",a;n art,0riney privi!e g `d an a : -ifi+lc'1 ;al n fo mnatior, :. r:ntie deonfo the use v Ithe nar!ed s is \- re. "o te r ed wr.pe!e,yJucr)-i✓tr : Cf csNi �![1 sli3 :CJ. ill iti'!i ut: l"l4 or i opt yirn'Na comm If ra it ac +ed !.jc r a �. s. ati! r ,+ou have siti ,h+s c.C.Tiir�l a.i r err, irae niil!!'>tLis �� + i r _ T' �:; F. 3 ..7. : n�' +.A b etlUr.-i ni..J-,. gi77 3r .j} el . ph I nl W-'�.64,00 and d,:4e !ii r, ao ?irnu`.!k atio.. from your sysle� !;?. Thank, you. Johnson, Kelly From: Sent: To: Cc: Subject: Attachments: Mr. Dunr,, I am confused by this. attached email? Kelly Johnson, Kelly Friday, July 10, 2015 2:50 PM 'Dunn, Glenn' Melissa Williams; 'Georgette Scott' RE: Cannonsgate Email —Sets Up July 29 2015 Meeting.pdf I thought we were meeting on 7/29/15 per your request dated 7/1/15 as discussed in the From: Dunn, Glenn [mailto:hgdunn apoynerspruiil.com] Sent: Friday, July 10, 2015 1:37 PM To: Johnson, Kelly Cc: Melissa Williams Subject: Cannonsgate Kelly, I will be on vacation the next two weeks. I have not heard any more about a meeting at Cannonsgate, but am not planning to go to the meeting and perhaps you have communicated with Melissa . At any rate, I think you already know to move ahead without me. I do want to be sure that the response deadline of July 23 in the notice will be extended or that we have responded for now. Please let Melissa know. And thanks. H. Glenn T. D—unn ( Partner f 1l' PolyrIf run 11, 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601 PO Box 1801, Raleigh NC 27602-1801 919 783 2842 i : 919 783 1075 .. i.: •,'-•.i•SI:3 .r. ! 1?J x���� t+r.•+p�i� %,mil E� Sri [ i? t ' � '� + 7 rat S� i r t r j?rf;":'f'r i•-t� P ra•7 f%^� F -1 -3 . -il /1 4 r; i_ n..:s O [ii l( ludin � a t : h'.n'ier si_) r-na't i �E" 21.1 a i t I ile_ j d and Ali f'tlai c ri c l._r in.te.nded € my for ti-ie use o!• the nanned :c?'.', f+'ent. If 'e`oz are.; not the intended ra6p''er+t, you are fhibited from giSSt T.Ei lc!iln�"; disirit !utinkg Or `a�i�ir ving th:z cornmuni a:io .. if ?��stJ ' awe t?CLii?� "� th s- cn nimJr i;ti.t f gfl in f:i' 'f_ iplea.se �:d s y ;;s k. r.' ,nessagE r:r { iele z j r:F� ��i914?.7�33.ra? '�� '°rd ��� e? i� r!,►iceicn fron7 your liv - « :z c not' +y° r; y ue , Corn:.1 i �3tE'ril. ha. !F_ you. Johnson, Kelly 0SOS[k4 From: Johnson, Kelly Sent: Thursday, July 02, 2015 9:21 AM To: 'Dunn, Glenn; Melissa Williams;'prestigesurveying@embargmail.com; 'riley@rileyhorneconstruction. com' Cc: Sams, Dan; 'Georgette Scott' Subject: RE. Cannonsgate All, Mr. Dunn has requested a meeting to discuss stormwater at Cannonsgate. Dan, Georgette, and I are available on Wednesday, July 29th at 12:30. Unless one of you has a scheduling conflict, we will meet you near the clubhouse. Thanks, Kelly From: Dunn, Glenn[mailto:hadunn@poynerspruill.coml Sent: Wednesday, July 01, 2015 11:07 AM To: Johnson, Kelly Cc: Melissa Williams Subject: Cannonsgate Kelly,l am responding for R.A. North to DENR's Request for Additional Information dated June 23 ,2015. We request that a meeting be set up at Cannonsgate to review the stormwater plan and how It has been implemented . The objective is to determine " on the ground" what measures were not built as shown in the plan and whether any of those measures are necessary for substantial compliance with the plan . R.A. North will have Trader Construction representatives there to explain why in their opinion substantial compliance has been achieved . We will ask Prestige Land Surveying to be at the meeting, and of course the HOA's representative and DENR are essential. Our hope is to get agreement that any measures that weren't implemented are not necessary for substantial compliance, or if we can agree on an additional measure or measures that are reasonable in cost and may have some meaningful function R.A. North will consider doing it or them as long as DENR and the HOA agree that doing so will end this matter and,the permit will be transferred . If you would get me dates for a meeting that work for DENR,we will contact Prestige and Trader Construction. Then I think it best that you contact the HOA to be sure they can have a representative attend .l hope this will lead to some resolution . I realize it may take a while to set up the meeting and request that , if necessary, the deadline for response be extended an needed to allow for this meeting. I will be out of my office for much of July but do not think it necessary that I be at the meeting. But I would appreciate your letting me know in the next few days whether DENR is agreeable with this approach . Please contact me if you have any questions or want to discuss this meeting with me. H. Gien "W . Dunn (Pari rover Poyner Sp�� tt - �t 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601 PO Box 1801, Raleigh NC 27602-1801 919 783 2842 1 F: 919 783 1075 Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, June 23, 2015 10:18 AM To: Melissa Williams(mwilliams@ramanagementinc.com); Dunn, Glenn (hgdunn@poynerspruill.com);'prestigesurveying@embargmail.com' (prestigesurveying@embargmail.com); riley@rileyhorneconstrLction.com Cc: 'Georgette Scott' Subject: SW8 050516, Cannonsgate State Stormwater Permit Attachments: Cannonsgate Letter —June 23 2015.pdf All, Please see attached. We received the request to transfer the permit from RA North to the HOA. Tracy Davis, Director of DEMLR, and Glenn Dunn, attorney for RA North discussed the issue on Friday. RA North will obtain the services of a PE/PLS to determine if the project can be certified, and if so, the permit will be transferred. If a PE/PLS cannot certify the system then we will hold a meeting to discuss the next steps. The attached letter acknowledges receipt of the transfer form and formally asks for the certification. Thanks, Kelly V-6LUJ 0h V1.SDVl. Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 Johnson. Kel From: Davis, Tracy Sent: Friday, June 19, 2015 9:59 AM To: Sams, Dan Cc: Scott, Georgette; Bennett, Bradley; Johnson, Kelly; Vinson, Toby; Cole, Brad Subject: RE: Canon's Gate, Glenn Dunn call for R.A. North Thanks for the information you sent (excellent documentation, Kelly!). It was very helpful. I just got off the phone with Glenn Dunn, attorney for RA North. We discussed the current situation and we agreed that there are two options: 1) RA North obtain the services of a PE/PLS to review the SW plan and permit vs. the site conditions and certify that the site is in substantial compliance with the permit or 2) if such PE/PLS is not comfortable certifying substantial compliance, then a meeting will be scheduled at the site with DEMLR, RA North rep, PE/PLS, and HOA rep to discuss work to be done onsite to make it certifiable — and once the work is completed and the certification issued, the permit will be deemed in compliance and transferred to the HOA. The other areas outside of the permit will have to be addressed by the HOA. Mr. Dunn will discuss this with his client and will be back in touch next week on next steps. Thanks, Tracy From: Sams, Dan Sent: Friday, June 19, 2015 9:18 AM To: Davis, Tracy Cc: Scott, Georgette; Bennett, Bradley; Johnson, Kelly Subject: FW: Canon's Gate, Glenn Dunn call for R.A. North Tracy: Here is the information regarding Mr. R.A. North. Basically, the low density project has not followed the approved plan (omission of some of the drainage swales, standing water). Mr. North would like to transfer the permit to the HOA, the HOA doesn't want it until it is in compliance or an agreement is reached. Kelly's Record of Recent Events walks through this fairly clearly. If you have questions, give me or Georgette a call. Thanks.... dan From: Scott, Georgette Sent: Friday, June 19, 2015 8:59 AM To: Sams, Dan Subject: Canon's Gate Georgette Scott Stormwater Program Supervisor State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive ExL Wilmington, NC 28405 Phone (910) 796-7339 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. Tracy, I'm not sure of the specifics on this one either. Bradley Bennett Stormwater Permitting Program Phone: (919) 807-6378 NC Division of Energy, Mineral and Land Resources Fax: (919) 807-6494 1612 Mail Service Center I Email: bradley.ben nett(c)ncdenr,gov Raleigh, NC 27699-1612 Web: http://portal.ncden,.Org/web/Ir/stormwater Email correspondence to and from this address may be subject to public records laws From: Sams, Dan Sent: Thursday, June 18, 2015 2:11 PM To: Davis, Tracy; Bennett, Bradley; Johnson, Kelly Cc: Vinson, Toby Subject: RE: Call from Glen Dunn regarding RA North SW Permit Transfer Tracy: Kelly and Georgette are both out today; Kelly until Monday. I will have to get a briefing myself before I can tell you anything useful. I'll try to get back to you later. Thanks.... From: Davis, Tracy Sent: Thursday, June 18, 2015 2:07 PM To: Sams, Dan; Bennett, Bradley; Johnson, Kelly Cc: Vinson, Toby Subject: Call from Glen Dunn regarding RA North SW Permit Transfer I received a voicemail from Glen Dunn representing RA North regarding the transfer of a SW permit. Apparently, Mr. North was issued a NOD for non compliance and Mr. Dunn wants to discuss the situation with me (he noted that he has already discussed his concerns with Kelly). Can either of you give me a brief update on this situation before I call Mr. Dunn back later today/tomorrow? Many thanks, Tracy Tracy E. Davis, PE, CPM Director - Division of Energy, Mineral, and Land Resources NC Dept. of Environment and Natural Resources tracy.davisC ncdenr.gov Telephone number: (919) 707-9200 E-Mail correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. Tracy, I'm not sure of the specifics on this one either. Bradley Bennett Stormwater Permitting Program Phone: (919) 807-6378 NC Division of Energy, Mineral and Land Resources Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.bennett@ncdenr.gov Raleigh, NC 27699-1612 Web: htt://Portal.ncdenr,org/web/Ir/stormwater Email correspondence to and from this address may be subject to public records laws From: Sams, Dan Sent: Thursday, June 18, 2015 2:11 PM To: Davis, Tracy; Bennett, Bradley; Johnson, Kelly Cc: Vinson, Toby Subject: RE: Call from Glen Dunn regarding RA North SW Permit Transfer Tracy: Kelly and Georgette are both out today; Kelly until Monday. I will have to get a briefing myself before I can tell you anything useful. I'll try to get back to you later. Thanks.... dan From: Davis, Tracy Sent: Thursday, June 18, 2015 2:07 PM To: Sams, Dan; Bennett, Bradley; Johnson, Kelly Cc: Vinson, Toby Subject: Call from Glen Dunn regarding RA North SW Permit Transfer I received a voicemail from Glen Dunn representing RA North regarding the transfer of a SW permit. Apparently, Mr. North was issued a NOD for non compliance and Mr. Dunn wants to discuss the situation with me (he noted that he has already discussed his concerns with Kelly). Can either of you give me a brief update on this situation before I call Mr. Dunn back later today/tomorrow? Many thanks, Tracy Tracy E. Davis, PE, CPM Director - Division of Energy, Mineral, and Land Resources NC Dept. of Environment and Natural Resources tracy.davis@ncdenr.gov Telephone number: (919) 707-9200 E-Mail correspondence to and from this address may be subject to the NC Public Records Law and may he disclosed to third parties. 4 Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, June 02, 2015 1:12 PM To: 'Dunn, Glenn' Subject: RE: SW8 050516, Cannonsgate State Stormwater Permit Glenn, I don't know that it is a matter of not taking someone's word or not. It is just that there is a clear difference of opinion between the parties. If it turns out that something on the plan isn't necessary, then we will deal with that when the time comes. But, anything that may be eventually removed will have to be appropriately documented on the plans. Kelly From: Dunn, Glenn fmaiIto: hgdunn poynerspruill com] Sent: Tuesday, June 02, 2015 12:09 PM To: Johnson, Kelly Subject: RE: SW8 050516, Cannonsgate State Stormwater Permit Kelly ,I will pass this on. I suppose the message here is that you won't take the word of anyone other than a PLS or PE regarding substantial compliance . But I assume you agree that " substantial" compliance means that some aspects of an approved plan do not have to be implemented if there is good reason . From: Johnson, Kelly fmailto:kellv.p.iohnson@ncdenr.eovl Sent: June 02, 201510:11 AM To: Melissa Williams(mwilliams@ramanaeementinc.com); Dunn, Glenn;'prestigesurveying@embargmail.com' (prestieesurveyine@embaramail.com); rilev@rileyhorneconstruction.com Subject: SW8 050516, Cannonsgate State Stormwater Permit All, Please see the attached letter. Thanks, Kelly 1-,' 6 . i oh vt,so , Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 t:ina'; CC _ pnde1;G l_ a"Vi loom this 5E nd, t . `i.e :^!.0 ..'L. . F:G. 1';rds Law wn-J 7i iY be f irk ; z1.'d Fd ?fr. Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, June 02, 2015 10:11 AM To: Melissa Williams(mwilliams@ramanagementinc.com); Dunn, Glenn (hgdunn@poynerspruill.com);'prestigesurveying@embargmail.com' (prestigesurveying@embargmail.com); riley@rileyhorneconstruction.com Subject: SW8 050516, Cannonsgate State Stormwater Permit Attachments: Cannonsgate.pdf All, Please see the attached letter. Thanks, Kelly f-"' UwDelVI.SDV1. Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 227 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 TRADER CONSTRUCTION COMPANY Design/Bulld • Heavy Civil • Site Development • Engineering • Surveying • Wells • Demolition • Materials Testing March 6, 2015 Mr. Randy Allen, President R.A. North Development, Inc. 110 Matthews Station Street, Suite 2D Matthews, NC 28105 Subject: Stormwater Controls and Impervious Surface Statement Cannonsgate at Bogue Sound Permit No. SW8 050516 Carteret County, NC Mr. Allen: During every phase of development, Trader Construction Company performed all construction activities in compliance with the above referenced stormwater permit. It is my opinion, all stormwater controls and impervious surfaces were constructed within substantial intent of the approved plans and specifications. To the beat of my knowledge and recollection, it was determined some swales were not needed as their installation served no function. It is my opinion, the stormwater measures implemented met the substantial intent of the stormwater permit. Throughout this project any deficiencies noted by R.A. North Development, Inc.'s representatives or by NC Division of Water Quality (DWQ) inspectors required only minor rework and were corrected. Respectfully submitted, DeN .l�eect J n Riggle - Manager ECEIVE R 0-9 2015 PO Drawer 1578, New Bem, NC 28583, Tele: (252) 633-2424. Fax: (252) 634-9718, www.trade=mstrudion.00m Johnson, Kelly From: Dunn, Glenn <hgdunn@poynerspruill.com> Sent: Monday, March 09, 2015 10:41 AM To: Johnson, Kelly Cc: Melissa Williams Subject: FW: Cannonsgate Attachments: TCC-Cannonsgate_Stormwater Controls & Impervious Surface Statement 5-6-15.pdf Kelly, I have received this compliance statement from Trader Construction, the contractor that was responsible for the storm water management work. Obviously It acknowledges that some of the swales were not built and recounts that they were determined not to be needed. This is consistent with the statutory requirement that the storm water management system be in substantial compliance with the storm water permit as required by the statute. This opinion is also consistent with statements made by DENR officials when 1 visited the site with them about 3 years ago. They stated that there was no need for the swales but they were concerned they couldn't state the system is consistent with the plan as long as the swales are shown on the plan . But I want to point out that the statute requires substantial compliance, not precise compliance, which indicates the General Assembly's intent to allow the latitude to certify compliance in circumstances such as this. I thought it best to send this statement to you and get a response re: its adequacy. Then it appears we will need to have the permittee send in the transfer request form which includes the certification of compliance, to which we propose to attach this document. We have the other information that must be included with the transfer request form but I want to get your response to Trader Construction's statement before putting together a complete package of documents. I want to add that we have not pressed Trader Construction on this matter, this statement is theirs entirely and I talked with them to be sure they acknowledge that some swales were not constructed while stating their opinion . I understand that the Homeowners; or at least Riley Horne; have told you they want to install the swales. But you have responded that they can't do so unless and until they are the permittee . It seems to me that we need to move ahead with this transfer and then the Homeowners will be in a position to install the swales if they want to do so. I will be out of town later this week and all of next week, so if possible I would appreciate a response in the next day or two .Thanks and don't hesitate to call me if you want to discuss this email. *********** This electronic communication (including attachments) may contain attorney privileged and confidential information intended only for the use of the named recipient. If you are not the intended recipient, you are prohibited from disseminating, distributing or copying this communication. If you have received this communication in error, please immediately notify us by return message or by telephone at 919.783.6400 and delete this communication from your system. Thank you. *********** 1 Johnson, Kelly 05us t (o From: Davis, Tracy Sent: Friday, June 19, 2015 9:59 AM To: Sams, Dan Cc: Scott, Georgette; Bennett, Bradley, Johnson, Kelly; Vinson, Toby; Cole, Brad Subject: RE: Canon's Gate, Glenn Dunn call for R.A. North Thanks for the information you sent (excellent documentation, Kelly!). It was very helpful. I just got off the phone with Glenn Dunn, attorney for RA North. We discussed the current situation and we agreed that there are two options: 1) RA North obtain the services of a PE/PLS to review the SW plan and permit vs. the site conditions and certify that the site is in substantial compliance with the permit or 2) if such PE/PLS is not comfortable certifying substantial compliance, then a meeting will be scheduled at the site with DEMLR, RA North rep, PE/PLS, and HOA rep to discuss work to be done onsite to make it certifiable — and once the work is completed and the certification issued, the permit will be deemed in compliance and transferred to the HOA. The other areas outside of the permit will have to be addressed by the HOA. Mr. Dunn will discuss this with his client and will be back in touch next week on next steps. Thanks, Tracy From: Sams, Dan Sent: Friday, June 19, 2015 9:18 AM To: Davis, Tracy Cc: Scott, Georgette; Bennett, Bradley; Johnson, Kelly Subject: FW: Canon's Gate, Glenn Dunn call for R.A. North Tracy: Here is the information regarding Mr. R.A. North. Basically, the low density project has not followed the approved plan (omission of some of the drainage swales, standing water). Mr. North would like to transfer the permit to the HOA, the HOA doesn't want it until it is in compliance or an agreement is reached. Kelly's Record of Recent Events walks through this fairly clearly. If you have questions, give me or Georgette a call. Thanks.... n, M From: Scott, Georgette Sent: Friday, June 19, 2015 8:59 AM To: Sams, Dan Subject: Canon's Gate Georgette Scott Stormwater Program Supervisor State Stormwater Program NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone (910) 796-7339 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. Tracy, I'm not sure of the specifics on this one either. Bradley Bennett Stormwater Permitting Program Phone: (919) 807-6378 NC Division of Energy, Mineral and Land Resources I Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.bennett0inedenr.gov Raleigh, NC 27699-1612 Web: hM://portal.nedenr.org/webAr/sormwater Email correspondence to and from this address may be subject to public records laws From: Sams, Dan Sent: Thursday, June 18, 2015 2:11 PM To: Davis, Tracy; Bennett, Bradley; Johnson, Kelly Cc: Vinson, Toby Subject: E: Call from Gten Dunn regarding RA North SW Permit Transfer Tracy: Kelly and Georgette are both out today; Kelly until Monday. I will have to get a briefing myself before I can tell you anything useful. I'll try to get back to you later. Thanks.... no M From: Davis, Tracy Sent: Thursday, June 18, 2015 2:07 PM To: Sams, Dan; Bennett, Bradley; Johnson, Kelly Cc: Vinson, Toby Subject: Call from Glen Dunn regarding RA North SW Permit Transfer I received a voicemail from Glen Dunn representing RA North regarding the transfer of a SW permit. Apparently, Mr. North was issued a NOD for non compliance and Mr. Dunn wants to discuss the situation with me (he noted that he has already discussed his concerns with Kelly). Can either of you give me a brief update on this situation before I call Mr. Dunn back later today/tomorrow? Many thanks, Tracy Tracy E. Davis, PE, CPM Director - Division of Energy, Mineral, and Land Resources NC Dept. of Environment and Natural Resources tracy.davis@ncdenr.gov Telephone number: (919) 707-9200 E-Mail correspondence to and from this address may be subject to the NC Public Records Law and may he disclosed to third parties. Tracy, I'm not sure of the specifics on this one either. Bradley Bennett Stormwater Permitting Program Phone: (919) 807-6378 NC Division of Energy, Mineral and Land Resources I Fax: (919) 807-6494 1612 Mail Service Center Email: bradley.bennett(a�ncdenr.gov Raleigh, NC 27699-1612 Web: htto://portal.ncdenr.orq/webAr/stormwater Email correspondence to and from this address may be subject to public records laws From: Sams, Dan Sent: Thursday, June 18, 2015 2:11 PM To: Davis, Tracy; Bennett, Bradley; Johnson, Kelly Cc: Vinson, Toby Subject: RE: Call from Glen Dunn regarding RA North SW Permit Transfer Tracy: Kelly and Georgette are both out today; Kelly until Monday. I will have to get a briefing myself before I can tell you anything useful. I'll try to get back to you later. Thanks.... dan From: Davis, Tracy Sent: Thursday, June 18, 2015 2:07 PM To: Sams, Dan; Bennett, Bradley; Johnson, Kelly Cc: Vinson, Toby Subject: Call from Glen Dunn regarding RA North SW Permit Transfer I received a voicemail from Glen Dunn. representing RA North regarding the transfer of a SW permit. Apparently, Mr. North was issued a NOD for non compliance and Mr. Dunn wants to discuss the situation with me (he noted that he has already discussed his concerns with Kelly). Can either of you give me a brief update on this situation before I call Mr. Dunn back later today/tomorrow? Many thanks, Tracy Tracy E. Davis, PE, CPM Director - Division of Energy, Mineral, and Land Resources NC Dept. of Environment and Natural Resources tracy.davis@ncdenr.gov Telephone number: (919) 707-9200 E-Mail correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. Completeness Review Checklist Project Name: tw „� � ��, Received Date: Project Location: Accepted Date: !� Rule(s) 02008 Coastal 1995 Coastal ®Phase II (WiRO.) 13 Universal LJ1988 Coastal Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): Qe�, ( in MPE Cert on File? Density: HD or LD I Type: Commercial or Residential NCG: %: M(% OK?) Stream Glass: r7,SA Map 710ffsil to SW8 ISubdlvlded?: Subdivision or Single Lot NORW Map d Exempt j Paperwork Emailed Engineer on: Supplements) (1 original per BMP) BMP Type(s): '�:G 0&M with correct/original signatures (1 original per BMP except LS/VFS and swales) ®Application with correct/original signatures ®Deed Corp or LLC: Sig. Auth. per SoS or letter ®Email Address: Design Engineer $505 (within 6mo) I Email Address: Owner Soils Report with SHVVT co c Hoote 20 RPMen"'We Calculations (signed/sealed) �'O '4- 0 No obvious errors Density includes common areas, etc Deed Restrictions, if subdivided: -,5 4N, -IV +.Signed & Notarized trv,—'O P . _ . . ._ _ ..- .. - - - - 1 Y:ex-tv-- V.` Plans Jj2 Sets Details (roads, cul-de-sacs, curbs, sidewalks, BiVPs, Buildings, etc) Grading � ]Wetlands: Delineated or No Wetlands Vicinity Map El Layout (proposed BUA dimensions) Legend IIDA Maps F­IProject Boundaries Wiltration Wet [pond of -sRe Soils Report I Soils Report MPE Cert for Master Lot #: SHWT: H IISHWT: ®Deed Rest for Master Lot # Matches Master Bottom: PP: Li BUA Permitted (Master): sf Visited: BUA Proposed (Offsite): sf Additional Information: Permitted Proposed: prrnpnsed: Proposed- BUA (sf) DA (sf) PP (el) SHWT (el) Depth (ft) SA (sf) �uq ac-)\1 t�j 1, ck \C\. VLN A�o GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 SESSION LAW 2011-256 HOUSE. BILL 750 AN ACT TO (1) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO TRANSFER A PERMIT FOR A STORMWATER MANAGEMENT SYSTEM FROM A DECLARANT OF A CONDOMINIUM OR PLANNED COMMUNITY TO AN OWNERS ASSOCIATION UPON REQUEST OF THE PERMITTEE AND SUBMISSION OF DOCUMENTATION THAT DECLARANT CONTROL HAS TERMINATED, (2) PROVIDE THAT THE RULES OF A SANITARY DISTRICT MAY NOT BE MORE RESTRICTIVE THAN OR CONFLICT WITH THE REQUIREMENTS OR ORDINANCES OF A COUNTY WITH JURISDICTION OVER THE AREA; AND (3) PROHIBIT ANY PERSON FROM CONTRACTING OR SUBCONTRACTING TO RENT OR LEASE TO ANOTHER A PORTABLE TOILET OR MANAGE OR DISPOSE OF WASTE FROM A PORTABLE TOILET UNLESS THAT PERSON IS PERMITTED TO OPERATE A SEPTAGE MANAGEMENT FIRM. The General Assembly of North Carolina enacts: SECTION 1. G.S. 143-214.7 is amended by adding a new subsection to read: " c�2� The Department shall transfer a permit issued under this section for a storm "§ 130A-55. Corporate powers. A sanitary district board shall be a body politic and corporate and may sue and be sued in matters relating to the sanitary district. Notwithstanding any limitation in the petition under G.S. 130A-48, but subject to the provisions of G.S. 130A-55(17)e, each sanitary district may exercise all of the powers granted to sanitary districts by this Article. In addition, the sanitary district board shall have the following powers: (7) To adopt rules necessary for the proper functioning of the district. However, these rules shall not conflict with rules adopted by the Commission for Public Health, Environmental Management Commission, or the local board of health having jurisdiction over the area. Further, such rules shall be no 111,10 1V 1lI 11 SECTION 3.(a) In addition to the other portable sanitation permitting provisions of 15A NCAC 13B .0832(b), from the effective date of this act the Department of Environment and Natural Resources shall prohibit any person from contracting or subcontracting to rent or lease to another a portable toilet or manage or dispose of waste from a portable toilet, regardless of ownership of the portable toilet, unless that person is permitted to operate a septage management firm. SECTION 3.(b) No later than January 1, 2014, the Commission for Public Health shall adopt rules consistent with the provisions of Section 3(a) of this act. Notwithstanding G.S. 150B-19(4), the rules adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 3(a) of this act. SECTION 4. This act is effective when it becomes law. 2011. In the General Assembly read three times and ratified this the 16th day of June, s/ Walter H. Dalton President of the Senate s/ Thom Tillis Speaker of the House of Representatives s/ Beverly E. Perdue Governor Approved 1:48 p.m. this 23`d day of June, 2011 Page 2 Session Law 2011-256 SL201 i-0256 Johnson, Kelly From: Dunn, Glenn <hgdunn@poynerspruill.com> Sent: Monday, March 23, 2015 1:39 PM To: Johnson, Kelly Cc: Melissa Williams Subiect: FW: Cannonsgate Ms. Johnson . I am confirming our phone conversation of today in which you said the response below is adequate to meet the deadline for response to the February 11, 2015 NOD and that you will respond as soon as you are able to go over it with your supervisor. I will appreciate your efforts and wait to hear from you. If you wish to discuss this by phone , don't hesitate to let me know. I realize that the question of " substantial compliance" in allowing for less that absolute compliance also calls for discretion on DENR's part. But I want to emphasize that this set of facts along with Trader Construction's letter indicate that there is no need for the swales in question . -----Original Message ----- From: Dunn, Glenn Sent: March 11, 2015 9:23 AM To: 'Johnson, Kelly' Subject: RE: Cannonsgate Thank you .I will be on vacation until 3/23 and will be able to discuss it with you then if you have reviewed and responded . I think the new response deadline 15 3/23 5-- we have time tc see where we stand then. -----Original Message ----- From: Johnson, Kelly [mailto:kelly.p.johnson@ncdenr.gov] Sent: March 10, 2015 5:39 PM To: Dunn, Glenn Cc: Melissa Williams Subject: RE: Cannonsgate Thanks Mr. Dunn. I am out if the office, but I will review this when I return. Thanks, Kelly From: Dunn, Glenn [hgdunn@poynerspruill.com] Sent: Monday, March 09, 2015 10:41 AM To: Johnson, Kelly Cc: Melissa Williams Subject: FW: Cannonsgate Kelly, I have received this compliance statement from Trader Construction, the contractor that was responsible for the storm water management work. Obviously It acknowledges that some of the swales were not built and recounts that they were determined not to be needed. This is consistent with the statutory requirement that the storm water management system be in substantial compliance with the storm water permit as required by the statute. This opinion is also consistent with statements made by DENR officials when I visited the site with them about 3 years ago . They stated that there was no need for the swales but they were concerned they couldn't state the system is consistent with the plan as long as the swales are shown on the plan . But I want to point out that the statute requires substantial compliance, not precise compliance, which indicates the General Assembly's intent to allow the latitude to certify compliance in circumstances such as this. I thought it best to send this statement to you and get a response re: its adequacy. Then it appears we will need to have the permittee send in the transfer request form which includes the certification of compliance, to which we propose to attach this document. We have the other information that must be included with the transfer request form but I want to get your response to Trader Construction's statement before putting together a complete package of documents. I want to add that we have not pressed Trader. Construction on this matter, this statement is theirs entirely and I talked with them to be sure they acknowledge that some swales were not constructed while stating their opinion . 1 understand that the Homeowners, or at least Riley Horne, have told you they want to install the swales . But you have responded that they can't do so unless and until they are the permittee . It seems to me that we need to move ahead with this transfer and then the Homeowners will be in a position to install the swales if they want to do so. I will be out of town later this week and all of next week, so if possible I would appreciate a response in the next day or two .Thanks and don't hesitate to call me if you want to discuss this email. This electronic communication (including attachments) may contain attorney privileged and confidential information intended only for the use of the named recipient. If you are not the intended recipient, you are prohibited from disseminating, distributing or copying this communication. If you have received this communication in error, please immediately notify us by return message or by telephone at 919.783.6400 and delete this communication from your system. Thank you. *********** *********** This electronic communication (including attachments) may contain attorney privileged and confidential information intended only for the use of the named recipient. If you are not the intended recipient, you are prohibited from disseminating, distributing or copying this communication. If you have received this communication in error, please immediately notify us by return message or by telephone at 919.783.6400 and delete this communication from your system. Thank you. *********** *********** This electronic communication (including attachments) may contain attorney privileged and confidential information intended only for the use of the named recipient. If you are not the intended recipient, you are prohibited from disseminating, distributing or copying this communication. If you have received this communication in error, please immediately notify us by return message or by telephone at 919.783.6400 and delete this communication from your system. Thank you. *********** 2 Johnson, Kelly 050S tl0 From: Johnson, Kelly Sent: Thursday, March 05, 2015 3:42 PM To: 'Dunn, Glenn' Cc: Melissa Williams Subject: RE: Cannonsgate storm water permit OK thanks. The due date has been extended until 3/25/15. Kelly From: Dunn, Glenn fmailto:hcdunn(@poynerspruill.coml Sent: Thursday, March 05, 2015 2:33 PM To: Johnson, Kelly Cc: Melissa Williams Subject: FW: Cannonsgate storm water permit I am requesting an extension of two weeks to respond to the NOD sent to Mr. Randy North for the Cannonsgate storm water matter dated February 11, 2015. R.A.North intends to certify that the project complies with its storm water permit and will provide the other information required for a transfer of the permit according to N.C.G.S. 143-214.7 (c2) . H. Glenn T. Dunn I Partner Poyner Spruill" ATTORNEYS AT LAW 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601 PO Box 1801, Raleigh NC 27602-1801 D: 919 783 2842 1 F: 919 783 1075 Kdunn@poynerspruill.com I www.poynersprui I..com *********** This electronic communication (including attachments) may contain attorney privileged and confidential information intended only for the use of the named recipient. If you are not the intended recipient, you are prohibited from disseminating, distributing or copying this communication. If you have received this communication in error, please immediately notify us by return message or by telephone at 919.783.6400 and delete this communication from your system. Thank you. Johnson, Kelly From: Johnson, Kelly Sent: Wednesday, March 04, 2015 1:30 PM To:'riley@rileyhorneconstruction.com'; Lambe, Brian Cc: Scott, Georgette; Sams, Dan; 'hgdunn@poynerspruill.com' Subject: RE: cannonsgate Mr. Horne, Brian inspected the site in September, and after some back and forth with you and with the developer I mailed an NOD on 2/11/15 which is due on 3/11/5. 1 have discussed it with Mr. Glenn Dunn, the developer's attorney, and he is working with the developer to see if the site can be certified in preparation for resolving the NOD and ultimately transferring the permit to the HOA. He has indicated to me that he may need an extension on the 3/11/15 due date so that the developer's representatives can make that determination. But, I will let you know once I get the response to the NOD. I think it is premature to say that he isn't going to do anything, or that nobody is going to make him. Thanks, Kelly From: riles(&rileyhorneconstruction.com rmailto:rilgy(drileyhorneconstruction.com] Sent: Wednesday, March 04, 2015 12:31 PM To: Lambe, Brian Cc: Johnson, Kelly Subject: RE: cannonsgate Brian, It appears that the developer is not going to do anything and nobody is going to make him. Can you do a complete compliance inspection so the HOA will know where it stands. Can this inspection be completed by 3-15-2015. Thank you Riley Horne R.H. Construction, Inc. General Contractor Real Estate Broker Work --- 919-553-8100 rilev@rilevhorneconstruction.com Cell 919-422-1800 -------- Original Message -------- Subject: cannonsgate From: "Lambe, Brian" <brian.lambe0ncdenr.gov> Date: Tue, September 23, 2014 12:10 pm To:"rileyOrilevhorneconstruction.com" <riles(&rileyhorneconstruction.com> I received a memo that you have requested an inspection of cannonsgate in reference to a permit transfer. I spoke to Steve from Prestige Land Survey to get a gate code and he said to call him if I had a problem getting in. In addition to the stormwater permit, there is an active erosion control permit (CARTE-2005- 327). Any construction sites will be reviewed during the inspection. 1 Please respond to this email if you would like to meet with me, but Kelly's email was very detailed, so your representation may not be necessary. Brian Lambe Environmental Specialist Land Quality Section NC Division of Energy, Mineral, and Land Resources (910) 796-7314 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. 2 Johnson, Kelly From: Johnson, Kelly Sent: Thursday, February 12, 2015 9:03 AM To: 'mwilliams@ramanagementinc.com ; 'hgdunn@poynerspruill.com'; 'prestigesurveying@embargmail.com';'riley@rileyhorneconstruction.com' Cc: Lambe, Brian; Scott, Georgette Subject: RE: SW8 050516, Cannonsgate Stormwater Permit Attachments: Cannonsgate.pdf All, Please see the attached letter. We still have not received the certification that the project has been built appropriately. The certification is a permit requirement. Though the HOA has assumed responsibility for many aspects of the development, the permit does not transfer automatically. RA Management, Inc. is still the permittee until the permit is transferred to the HOA. Thanks, Kelly From: Johnson, Kelly Sent: Friday, November 07, 2014 10:36 AM To: 'mwilliams@ramanagementinc.com'; 'hgdunn@poynerspruill.com';'prestigesurveying@embargmail.com; 'riles@rileyhorneconstruction.com' Cc: Lambe, Brian; Scott, Georgette Subject: SW8 050516, Cannonsgate Stormwater Permit All, The Division has received separate questions from many of you about this project and so I will address them all simultaneously via email in order to clear up any confusion that may exist stemming from the 9/30/14 letter (attached), and to also start the conversation that will hopefully lead to permit compliance and transfer to the HOA. The following parties are copied: Melissa Williams, RA Management, Inc. Glenn Dunn, Poyner & Spruill Keith, Prestige Land Surveying Riley Horn, R. H. Construction, Inc. & HOA R.A. North Development, Inc. is the current permittee per the most recent permit which was issued on 9/22/11 and is attached for your reference. This permit does not automatically transfer to the HOA with the sale of land. It has to be formally transferred through the Division [per Permit Section 111(5)]. The Division received the attached transfer form from R.A. North Development, Inc. on 7/26/11 but the form was not signed by the HOA and so it was not executed. It is in the interest of both the HOA and the developer to transfer this permit to the HOA. From the developer's perspective, if you do not transfer it you will be responsible for it forever. From the HOA's perspective, if you do not eventually accept a permit transfer you can be charged with operating without a permit. I would like to facilitate this transfer in any way that I can. in order to transfer the permit to the HOA, the permit either has to be in compliance or we have to have to come to some sort of agreement between the two parties that will get the site into compliance. It is my understanding that some of the stormwater measures may not be installed per the approved plan. Section II(8) of the permit requires a certification that the project has been constructed in substantial compliance with the permit, and that certification has not been received. As the permittee, R. A. North Development, Inc. is responsible for submitting the certification per the permit. As requested in the 9/30/14 letter, please submit this certification. If the site can be certified, then this project will be in compliance. But, it is my understanding that there are missing swales (and potentially other items) that may keep it from being certified. I met with the HOA and Prestige Land Surveying about the situation on 9/12/14, and I have provided their pictures which highlight their concerns. I also created a diagram to show the location of the swales of interest. I understand that water pools in one area of the development. Pooling water alone is not a violation of the permit if the permit is constructed per approved plans. The issue is that there is an allegation that the permit is not constructed per the plans. If the site cannot be certified that it has been constructed per the approved plans, please contact me to discuss obtaining either a Plan Revision or a Permit Modification to change the permitted plan to a configuration which can be certified. There is a related but separate issue at hand as well. There is an amenity pond on the plan that is not required by the State Stormwater permit, and the HOA is concerned that this pond does not have an appropriate place to overflow. This is a flooding issue, and is therefore beyond the scope of the State Stormwater permit. The Division does not have authority to regulate flooding. But, if the State Stormwater permit is hindering a solution to this potential safety issue and we can help you resolve it via a Plan Revision please let me know and we can discuss that further. After these issues are resolved, we can transfer the permit to the HOA. Administratively, we will three documents per SL 2011-256 which is attached: 1.) Common area deeds showing that the HOA is the owner. 2.) Documentation showing that at least 50% of the development has been sold. 3.) Name/Ownership Change Form, available on our website http://portal.ncdenr.org/web/Ir/state- stormwater-forms docs under "miscellaneous forms". Please note that there are two forms. The one designated for HOAs is pursuant to SL2011-256 which says that if the site is compliant and the appropriate documentation is submitted then the permit can be transferred to the HOA without their signature. This form has a signature block only for the outgoing (current) permittee and can be used if the site is in compliance. (Please note that this law has been passed since the previous transfer form was submitted by the developer.) The other form has signature blocks for both the outgoing (current) and incoming (proposed) permittee. We will use that form if we come to some agreement between the developer and the permittee to get the site into compliance as discussed above so that both sides can sign. If you have further questions, please let me know how I can help you. Thanks, Kelly K.eLLUJ0hI&Sow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 Johnson, Kelly From: riley@rileyhorneconstruction.com Sent: Wednesday, February 11, 2015 9:22 AM To: Johnson, Kelly Cc: Rileyoutdoor@gmail.com; prestigesurveying@embargmail.com Subject: RE: SW8 050516, Cannonsgate Stormwater Permit Mrs Johnson, Good morning. It has been over three months since we started inquiring about the storm water situation in Cannonsgate. Just thought I would reach out to you again. Is there anything that can be done by your office to help Cannonsgate HOA get the correction completed? We still have a large amount of standing water in the road after each rain on one street. Since no one can get the develop to fix this can we install an 8" pipe under the road to relieve the water? Is the Developer still being issued storm water permits on his other properties in N.C.? Do you have any recommendations for us? Thank You For Your Help, Riley Horne R.H. Construction, Inc. Work --- 919-553-8100 rilev rilevhorneconstruction.com Cannonsgate HOA. Vice President Cannonsgate BSA Treasurer Cell 919-422-1800 -------- Original Message ------- Subject: RE: SW8 050516, Cannonsgate Stormwater Permit From: "Johnson, Kelly" <kelly.pJohnsonCa ncdenr.gov> Date: Mon, December 22, 2014 9:25 am To:"riley(&rileyhorneconstruction.com" <riley(arileyhorneconstruction.com> Mr. Horne, I have not heard from anyone about Cannonsgate since my 11/7/14 email. Happy Holidays, Kelly From: riley rileyhorneconstruction.com [mailto:riley rileyhorneconstruction com] Sent: Sunday, December 21, 2014 9:47 PM To: Johnson, Kelly Subject: RE: SW8 050516, Cannonsgate Stormwater Permit Good Morning Mrs. Johnson, We haven't seen any work in Cannonsgate on these storm water problems. Could you please tell me if anybody has contacted you on any of these issues. Thanks for your time. Riley Horne R.H. Construction, Inc. Work --- 91a-553-81 nn J iVV riley(drileyhorneconstruction.com Cannonsgate HOA. Vice President Cannonsgate BSA Treasurer Cell 919-422-1800 -------- Original Message -------- Subject: SW8 050516, Cannonsgate Stormwater Permit From: "Johnson, Kelly" <keiiy.p.johnson0 ncdenr.gov> Date: Fri, November 07, 2014 8:36 am To: "mwilliams(a)ramanagementinc.com" <mwilliams()ramanagementinc.com>, "hadunn(apovnerspruill.com" <hgdunn ftoynerspruill.com>, "prestigesurveying@embaramail.com"<prestigesurveying@embaramail.com>, "riley@rileyhorneconstruction.com" <riley aOrileyhorneconstruction.com> Cc: "Lambe, Brian" <brian.lambeoncdenr.gov>, "Scott, Georgette" <georgette.scott(@ncden r.gov> AII, The Division has received separate questions from many of you about this project and so I will address them all simultaneously via email in order to clear up any confusion that may exist stemming from the 9/30/14 letter (attached), and to also start the conversation that will hopefully lead to permit compliance and transfer to the HOA. The following parties are copied: Melissa Williams, RA Management, Inc. Glenn Dunn, Poyner & Spruill Keith, Prestige Land Surveying Miley Horn, R. H. construction, Inc. & HOA R.A. North Development, Inc. is the current permittee per the most recent permit which was issued on 9/22/11 and is attached for your reference. This permit does not automatically transfer to the HOA with the sale of land. It has to be formally transferred through the Division [per Permit Section III(5)]. The Division received the attached transfer form from R.A. North Development, Inc. on 7/26/11 but the form was not signed by the HOA and so it was not executed. It is in the interest of both the HOA and the developer to transfer this permit to the HOA. From the developer's perspective, if you do not transfer it you will be responsible for it forever. From the HOA's perspective, if you do not eventually accept a permit transfer you can be charged with operating without a permit. I would like to facilitate this transfer in any way that I can. In order to transfer the permit to the HOA, the permit either has to be in compliance or we have to have to come to some sort of agreement between the two parties that will get the site into compliance. It is my understanding that some of the stormwater measures may not be installed per the approved plan. Section II(8) of.the permit requires a certification that the project has been constructed in substantial compliance with the permit, and that certification has not been received. As the permittee, R. A. North Development, Inc. is responsible for submitting the certification per the permit. As requested in the 9/30/14 letter, please submit this certification. If the site can be certified, then this project will be in compliance. But, it is my understanding that there are missing swales (and potentially other items) that may keep it from being certified. I met with the HOA and Prestige Land Surveying about the situation on 9/12/14, and I have provided their pictures which highlight their concerns. I also created a diagram to show the location of the swales of interest. I understand that water pools in one area of the development. Pooling water alone is not a violation of the permit if the permit is constructed per approved plans. The issue is that there is an allegation that the permit is not constructed per the plans. If the site cannot be certified that it has been constructed per the approved plans, please contact me to discuss obtainina either a Plan Revision or a Permit Modification to change the permitted plan to a configuration which can be certified. There is a related but separate issue at hand as well. There is an amenity pond on the plan that is not required by the State Stormwater permit, and the HOA is concerned that this pond does not have an appropriate place to overflow. This is a flooding issue, and is therefore beyond the scope of the State Stormwater permit. The Division does not have authority to regulate flooding. But, if the State Stormwater permit is hindering a solution to this potential safety issue and we can help you resolve it via a Plan Revision please let me know and we can discuss that further. After these issues are resolved, we can transfer the permit to the HOA. Administratively, we will three documents per SL 2011-256 which is attached: Common area deeds showing that the HOA is the owner. Documentation showing that at least 50% of the development has been sold. Name/Ownership Change Form, available on our website htto://Dortal.ncdenr.ora/web/lr/state- stormwater-forms docs under "miscellaneous forms". Please note that there are two forms. The one designated for HOAs is pursuant to SL201 ^ -256 which says that if the site is compliant and the appropriate documentation is submitted then the permit can be transferred to the HOA without their signature. This form has a signature block only for the outgoing (current) permittee and can be used if the site is in compliance. (Please note that this law has been passed since the previous transfer form was submitted by the developer.) The other form has signature blocks for both the outgoing (current) and incoming (proposed) permittee. We will use that form if we come to some agreement between the developer and the permittee to get the site into compliance as discussed above so that both sides can sign. If you have further questions, please let me know how I can help you. Thanks, Kelly K,eU,�-JDhv►sovu Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Band Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.330.2004 From: Johnson, Kelly Sent: Tuesday, December 01, 2015 9:59 AM To: 'Caleb Wright' Subject: RE: Drainage Easements Thanks Caleb. Will you please submit copies of any necessary documents with your submittal package? It is difficult to keep up with partial submittals over email from so many different projects. Thanks, Kelly From: Caleb Wright [mailto:cwright@isec.engineering] Sent: Tuesday, November 24, 2015 2:07 PM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: Fwd: Drainage Easements Kelly, Please find the attached files from the county office indicating that the easements are shown on the plats. Thank you for the notes from the meeting yesterday. R/S Caleb Wright, PE (C) 252.229.0485 (F) 704.972.0300 cwriaht(&ISEC.enaineerin www. ISEC.engineering NC Firm No. P-1346 EMAIL DISCLAIMER This message is intended for the recipients named in the e-mail. It may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by replying to this message and then delete it from your system. You should not read, copy, use, store or circulate this e- mail whatsoever. Disclaimer: Internet communications are not secure. While every reasonable effort has been made to ensure that this communication has not been tampered with, ISEC cannot be held accountable for any alterations made to the contents of this message. If you wish to receive a hard copy of this message for comparison or should you require any form of confirmation of the contents of this message, please contact the sender. E-mail messages are not sealed reports and are thus draft recommendations for comment or responses to questions regarding a sealed report. Do not rely on e-mail message for construction, see the corresponding engineering .report. Begin forwarded message: From: Gregg Hartman<Greaa.Hartmana-carteretcountvnc.aov- Subject: RE: Drainage Easements cm (y Date: November 24, 2015 at 8:16:49 AM EST To: Caleb Wright <cwright(a)-isec.engineerinp Caleb, Please see the attached .pdf of Phase 1 & Phase 2 of Cannonsgate S/D. Drainage easements are shown on the plats. -Gregg From: Caleb Wright[mailto:cwrightCcisec.engineering] Sent: Monday, November 23, 2015 4:44 PM To: Gregg Hartman <Gregg.Hartman@carteretcoi!ntync.gov> Subject: Drainage Easements Disclaimer: The content of this message and all attachments are subject to NC Public Record Law. According to the law all information except the property of a private individual is considered public record and subject to disclosure upon request to third parties without prior notification. If you are not the intended recipient of this message contact the sender immediately and delete the message from your files. Thank you for your cooperation. Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, November 24, 2015 8:53 AM To: 'Caleb Wright' Cc: Georgette Scott Subject: Cannonsgate Meeting Yesterday Attachments: 15A NCAC 02H.1000 effective 1995 U 01.pdf Caleb, Thanks for meeting yesterday. Here are the notes I will leave on file: 1. General Approach: Please consider each swale individually in relation to the rule requirements, and document a decision for each one. Options for swales: a. Keep swales: Swales that are installed per the plan will be left in place. b. Install swales: Install missing swales as they are shown on the permitted plans. c. Modify swales: If, when considering full build -out, you determine that the flow rate/velocity of the water warrants redesign of a swale then it can be modified. i. Curb Outlet Swales: 1. 15A NCAC 2H .1008(g) sets specific requirements to "convey the stormwater to grassed swales or vegetated areas prior to the runoff discharging to vegetative filters or wetlands." Curb outlet swales shown on the plan cannot be removed, but their design can be modified if it still meets the legal requirements. 2. 15A NCAC 2H .1008(h) allows for alternative designs that "provide equal or better stormwater control, equal or better protection of waters of the state, and result in no increase potential for nuisance conditions." This is another option for modifying curb outlet swale design. ii. Non -Curb Outlet Swales: These swales may also be able to be modified under the alternative design rule. d. Remove swales: If, when considering full build -out, you determine that the flow rate/velocity of the water does not necessitate a non -curb outlet swale then it can be removed. 2. Complete System: We discussed that there are some swales that are not currently in place and they are supposed to be on lot lines between homes. While we understand your concern that if you install the swales now the upcoming adjacent construction may destroy them, we cannot transfer the permit to the HOA without a complete system in place which can serve the community appropriately at full -build out. If the HOA, the homeowners impacted, and the developer can reach an agreement to allow the swales to be installed after each home is constructed then we can discuss that further. It would have to be a legal agreement tied to each impacted lot, and it would also have to specify who is responsible for the installation, that the swale had to be installed before the CO is issued for the homes on each side, and there would have to be a specific design for each swale to be installed so that they one day know what to build. 3. Regulation: This project was designed under the 1995 version of 15A NCAC 2H .1005, which is attached. 4. Impervious Area: There may have been bike lanes and other impervious installed that was not originally planned for. The project needs to meets is low density requirements (both inside the ORW 575 line and outside of that line). 5. Pipes: Pipes are limited to draining only water underneath impervious surfaces (such as from one side of a road to the other) in low density projects. Please keep this in mind in your design. 6. CAMA: We talked to Debbie Wilson, DCM Supervisor in our office, and she said that Ronda Bennett in the Morehead City office, 252.808.2808x206, will have the latest CAMA permit plans. Thanks, Kelly 1 ILe��Ljjohwsow Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Storm water Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 Johnson, Kelly ,Iwa ()C, 1' co From: Johnson, Kelly Sent: Tuesday, November 17, 2015 9:30 AM To: 'Melissa Williams' Cc: 'Randy Allen; Scott, Georgette; Sams, Dan; 'keithmaready@gmail.com ; 'Caleb Wright' Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, I never heard back from you last month, and I need to set a deadline for submittal. Please submit the required information one month from today, 12/17/15. Thanks, Kelly From: Johnson, Kelly Sent: Tuesday, October 06, 2015 10:42 AM To:'Melissa Williams' <mwilliams@ramanagementinc.com> Cc: 'Randy Allen' <ralien @ramanagementinc.com>; Scott, Georgette <georgette.scott@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; 'keithmaready@gmail.com' <keithmaready@gmail.com>; 'Caleb Wright' <cwright@isec.engineering> Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, i talked to the engineer, Caleb Wright, on Friday. i need to set a due date for this. What date is reasonable? Thanks, KJ From: Melissa Williams [mailto:mwilliams@ramanaeementinc.com] Sent: Friday, October 02, 2015 2:33 PM To: Johnson, Kelly <kellv.p.iohnson@ncdenr.sov> Subject: Re: Cannonsgate Permit Transfer and Eng. certification Ms. Johnson, 1 was hoping to have you a better answer by today but honestly I don't. Last we spoke I explained we were having complications with the engineer we were working with. Unfortunately we were not able to come to an agreement and are no longer working with him. I made everything clear to him what was needed and we signed an agreement. After his inspection he asked.for a significant amount of more money and I still didn't,feel he was clear on what the scope of work needed to be. In any case we are now working with Caleb Wright, I believe you are already aware of this. He left you a voice mail and would like to clarify a couple items with you. I will have his scope including timeline once he speaks with you. Again my apologies we haven't been able to complete this sooner. I will send you an update beginning of next week. #you could please return Mr. Wrights call at your earliest convenience. 1 hanks, Melissa Williams Sent from my Verizon Wireless 4G LT . DROID "Johnson, Kelly" <kelly.p.iohnson(a—),ncdenr.p-ov> wrote: Melissa, What is the status of the Cannonsgate submittal? Thanks, Kelly -----Original Message ----- From: Johnson, Kelly Sent: Thursday, September 10, 2015 11:30 AM To: Melissa Williams'<mwilliamsCaramanagementine.com> Cc: 'Randy Allen' <rallenCa?ramanagementinc.com>; Scott, Georgette <Reeorgette.scottCa?ncdenr.eov>; Sams, Dan <dan.samsAyncdenr.gov>; Keith Maready (keithmaready(c�gmail.com) <keithmaready( gmail.com> Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, As we discussed the revised due date will be two weeks from today, 9/24/15 to accommodate the engineer's unexpected delayed schedule as well as the revised scope of work. (I have cc'd the HOA on this email as well). Thanks, Kelly -----Original Message ----- From: Johnson, Kelly Sent: Wednesday, August 19, 2015 3:26 PM To: Melissa Williams<mwilliams(&xamanai!ementinc.com> Cc: Randy Allen <rallen(uxamanagementinc.com>; Scott, Georgette <georgette.scottiuncdenr.sov>; Sams, Dan <dan. sams(a),ncdenr. gov> Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, I need to set a date so that we can track this NOD in our computer system. The June 1, 2015 permit set July 1, 2015 as the response date, and we should probably have set a new date already. But, we lost sight of rescheduling given the cancelled onsite meeting and the call from Governor's Office. We will set the new response deadline for September 2, 2015 which is two weeks from today and is also within your estimated timeframe below. Thanks, Kelly -----Original Message ----- From: Melissa Williams fmailto:mwilliams(aramanagementinc.coml Sent: Wednesday, August 19, 2015 3:08 PM To: Johnson, Kelly Cc: Randy Allen; Scott, Georgette; Sams, Dan Subject: RE: Cannonsgate Permit Transfer and Eng. certification Kelly, I wouldn't give them a date. I hope to have something to you by the end of the month. Maybe just give them an est. timeframe of end of Aug./Beg. Of Sept. As soon as I get further word from the engineer I will provide you more specifics Melissa Williams RA. Management, Inc. 3129 Springbank Lane I Charlotte, NC 28226 mwilliamsnxamanagementinc.com O. 704-847-60061 M. 704-609-0528 1 F. 704-841- 3525 The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. If you are not the intended recipient of this message you are hereby notified that any use, review, retransmission, dissemination, distribution, reproduction or any action taken in reliance upon this message is prohibited. If you received this in error, please contact the sender and delete the material from any computer. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of the company. -----Original Message ----- From: Johnson, Kelly [mailto:kellv.p.iohnsonL.ncdenr.gov] Sent: Tuesday, August 18, 2015 1:14 PM To: Melissa Williams<mwilliams(iv'ramanaeernentinc.com> Cc: Randy Allen <rallen ,ramanasementinc.com>; Scott, Georgette <georgette.scott dncdenr.gov>; Sams, Dan <dan.sams cincdenr. ov> Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, I am getting questions from the HOA about timeframes to have this resolved. What date should I tell them? Thanks, Kelly -----Original Message ----- From: Melissa Williams [mailto:mwilliams(a?ramanagementinc.cornl Sent: Friday, August 14, 2.015 836 AM To: Johnson, Kelly Cc: Randy Allen Subject: Cannonsgate Permit Transfer and Eng. certification Good morning Ms. Johnson, Hope you are well. I apologize we have not been in communication for the last couple weeks. I wanted to let you know we are still working on the documentation necessary to transfer the permii to the homeowners association. Summer months and holidays always seem to bring vacation time and time away from the office. We anticipate having this complete in the next couple weeks. Thank you again for your assistance and the clarification you have provided so we can get this done Be in touch soon. Melissa Williams Johnson, Kelly From: Johnson, Kelly Sent: Thursday, October 29, 2015 8:13 AM To: 'Keith Maready' Subject: RE: Cannonsgate Permit Transfer and Eng. certification Keith, The permittee is working with an engineer to have the stormwater permit certified. I have talked with the engineer several times about it, and so I know that they are making progress with contracts etc. The changes that may be made to the system depend on what the engineer finds. As we discussed previously, however, the issue withstanding water in the road is not necessarily a stormwater permit violation because this is an environmental permit. We just have to wait to see what he finds. Thanks, Kelly -----Original Message ----- From: Keith Maready [mailto:keithmaready@gmail.com] Sent: Wednesday, October 28, 2015 1:30 PM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: Re: Cannonsgate Permit Transfer and Eng. certification Kelly What can we do from our stand point? We are most interested in resolving this and hopefully addressing some of our standing water concerns. Thanks Sent from my iPad Keith Maready On Sep 30, 2015, at 12:41 PM, "Johnson, Kelly" <kelly.p.johnson@ncdenr.gov> wrote: > Melissa, > What is the status of the Cannonsgate submittal? > Thanks, > Kelly > -----Original Message ----- > From: Johnson, Kelly > Sent: Thursday, September 10, 201511:30 AM > To:'Melissa Williams' <mwiIlia ms@ramanagementinc.com> > Cc: 'Randy Allen' <rallen@ramanagementinc.com>; Scott, Georgette <georgette.scott@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Keith Maready (keithmaready@gmail.com) <keithmaready@gmail.com> > Subject: RE: Cannonsgate Permit Transfer and Eng. certification > Melissa, > As we discussed the revised due date will be two weeks from today, 9/24/15 to accommodate the engineer's unexpected delayed schedule as well as the revised scope of work. (I have cc'd the HOA on this email as well). > Thanks, > Kelly > -----Original Message ----- > From: Johnson, Kelly > Sent: Wednesday, August 19, 2015 3:26 PM > To: Melissa Williams <mwilliams@ramanagementinc.com> > Cc: Randy Allen <ralien@ramanagementinc.com>; Scott, Georgette <georgette.scott@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> > Subject: RE: Cannonsgate Permit Transfer and Eng. certification > Melissa, > I need to set a date so that we can track this NOD in our computer system.. The June 1, 2015 permit set July 1, 2015 as the response date, and we should probably have set a new date already. But, we lost sight of rescheduling given the cancelled onsite meeting and the call from Governor's Office. We will set the new response deadline for September 2, 2015 which is two weeks from today and is also within your estimated timeframe below. > Thanks, > Kelly > -----Original Message----- • From: Melissa Williams [mailto:mwilliams@ramanagementinc.com] > Sent: Wednesday, August 19, 2015 3:08 PM > To: Johnson, Kelly > Cc: Randy Allen; Scott, Georgette; Sams, Dan > Subject: RE: Cannonsgate Permit Transfer and Eng. certification > Kelly, > I wouldn't give them a date. I hope to have something to you by the end of the month. Maybe just give them an est. timeframe of end of Aug./Beg. Of Sept. > As soon as I get further word from the engineer I will provide you more specifics. > Melissa Williams > R.A. Management, Inc. > 3129 Springbank Lane I Charlotte, NC 28226 mwilliams@ramanagementinc.com 0.704-847-6006 1 M. 704-609-0528 F. 704-841-3525 The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. If you are not the intended recipient of this message you are hereby notified that any use, review, retransmission, dissemination, distribution, reproduction or any action taken in reliance upon this message is prohibited. if you received this in error, please contact the sender and delete the material from any computer. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of the company. > -----Original Message ----- > From: Johnson, Kelly [mailto:kelly.p.johnson@ncdenr.gov] > Sent: Tuesday, August 18, 2015 1:14 PM > To: Melissa Willia ns <mwilliams@ramanagementinc.com> > Cc: Randy Allen <ralien@ramanagementinc.com>; Scott, Georgette <georgette.scott@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> > Subject: RE: Cannonsgate Permit Transfer and Eng. certification > Melissa, > I am getting questions from the HOA about timeframes to have this resolved. What date should I tell them? > Thanks, > Kelly > -----Original Message ----- > From: Melissa Williams [mailto:mwilliams@ramanagementinc.com] > Sent: Friday, August 14, 2015 8:36 AM > To: Johnson, Kelly > Cc: Randy Allen > Subject: Cannonsgate Permit Transfer and Eng. certification > Good morning Ms. Johnson, > Hope you are well. I apologize we have not been in communication for the last couple weeks. I wanted to let you know we are still working on the documentation necessary to transfer the permit to the homeowners association. Summer months and holidays always seem to bring vacation time and time away from the office. > We anticipate having this complete in the next couple weeks. > Thank you again for your assistance and the clarification you have provided so we can get this done. > Be in touch soon. > Melissa Williams 3 Johnson, Kell From: Johnson, Kelly Sent: Tuesday, October 06, 2015 10:42 AM To: 'Melissa Williams' Cc: 'Randy Allen; Scott, Georgette; Sams, Dan; 'keithmaready@gmail.com;'Caleb Wright' Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, I talked to the engineer, Caleb Wright, on Friday. I need to set a due date for this. What date is reasonable? Thanks, KJ From: Melissa WilliamsImailto:mwilliams@ramanagementinc.com] Sent: Friday, October 02, 2015 2:33 PM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: Re: Cannonsgate Permit Transfer and Eng. certification Ms. Johnson, I was hoping to have you a better answer by today but honestly I don't. Last we spoke I explained we were having complications with the engineer we were working with. Unfortunately we were not able to come to an agreement and are no longer working with him. I made everything clear to him what was needed and we signed an agreement. After his inspection he asked, for a significant amount of more money and I still didn't feel he was clear on what the scope of wor k needed to be. In any case we are now working with Caleb Wright, I believe you are already aware of`this. He left you a voice mail and would like to clarifi, a couple items with You. I will have his scope including timeline once he speaks with you. Again my apologies we haven't been able to complete this sooner. I will send you an update beginning of next week. If you could please return Mr. Wrights call at your earliest convenience. Thanks, Melissa Williams Sent from my Verion Wireless 4G LTE DROID "Johnson, Kelly" <kelly.p.iohnson@Acdenr.jZov> wrote: Melissa, What is the status of the Cannonsgate submittal? Thanks, Kelly -----Original Message ----- From: Johnson, Kelly Sent: Thursday, September 10, 2015 1130 AM To: 'Melissa Williams'<inwilliams[a?ramanagementinc.com> Cc: 'Randy Allen' <rallenC�aamax�aementinc.com>; Scott, Georgette <georgette.scottC�ncdenr.gov>; Sams, Dan <dan.sams iuncdenr.gov>; Keith Maready (keitlunaready(x' mail.com) <keithmaready(a< com> Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, As we discussed the revised due date will be two weeks from today, 9/24/15 to accommodate the engineer's unexpected delayed schedule as well as the revised scope of work. (I have cc'd the HOA on this email as well). Thanks, Kelly -----Original Message ----- From: Johnson, Kelly Sent: Wednesday, August 19, 2015 3:26 PM To: Melissa Williams<mwilliams(a)ramanageinentinc.com> Cc: Randy Allen <rallen&amanagementinc.com>; Scott, Georgette <georgette.scottAncdenr.aov>; Sams, Dan <dan.sams a�;ncdenr.Roy> Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, I need to set a date so that we can track this NOD in our computer system. The June 1, 2015 permit set July 1, 2015 as the response date, and we should probably have set a new date already. But, we lost sight of rescheduling given the cancelled onsite meeting and the call from Governor's Office. We will set the new response deadline for September 2, 2015 which is two weeks from today and is also within your estimated timeframe below. Thanks, Kelly -----Original Message ----- From: Melissa Williams[mailto:mwilliams@gamanagementinc.com] Sent: Wednesday, August 19, 2015 3:08 PM To: Johnson, Kelly Cc: Randy Allen; Scott, Georgette; Sams, Dan Subject: RE: Cannonsgate Permit Transfer and Eng. certification Kelly, I wouldn't give them a date. I hope to have something to you by the end of the month. Maybe just give them an est. timeframe of end of Aug./Beg. Of Sept. As soon as I get further word from the engineer I will provide you more specifics. Melissa Williams R.A. Management, Inc. 3129 Springbank Lane I Charlotte, NC 28226 mwilliams(aramanagementine.com O. 704-847-6006 1 M. 704-609-0528 1 F. 704-841- 3525 The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. If you are not the intended recipient of this message you are hereby notified that any use, review, retransmission, dissemination, distribution, reproduction or any action taken in reliance upon this message is prohibited. If you received this in error, please contact the sender and delete the material from any computer. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of the company. -----Original Message ----- From: Johnson, Kelly [maiito:keiiy.p.johnson a)ncdenr.gov] Sent: Tuesday, August 18, 2015 1:14 PM To: Melissa Williams <mwilliams(dxamanagementinc com> Cc: Randy Allen <rallen &, amanagementinc.com>; Scott, Georgette <jzeoraette.scott(uncdenr.aov>; Sams, Dan <dan. Sams Ancdenr. g ov> Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, I am getting questions from the HOA about timeframes to have this resolved. What date should I tell them? Thanks, Kelly -----Original Message ----- From: Melissa Williams[mailto:mwilliams(curamanagementinc coml Sent: Friday, August 14, 2015 8:36 AM To: Johnson, Kelly Cc: Randy Allen Subject: Cannonsgate Permit Transfer and Eng. certification Good morning Ms. Johnson, Hope you are well. I apologize we have not been in communication for the last couple weeks. I wanted to let you know we are still working on the documentation necessary to transfer the permit to the homeowners association. Summer months and holidays always seem to bring vacation time and time away from the office. We anticipate having this complete in the next couple weeks. Thank you again for your assistance and the clarification you have provided so we can get this done. Bc in touch soon. Melissa Williams Johnson, Kell From: Johnson, Kelly Sent: Wednesday, September 30, 2015 12:41 PM To: 'Melissa Williams' Cc: 'Randy Allen; Scott, Georgette; Sams, Dan; Keith Maready (keithmaready@gmail.com); 'Caleb Wright' Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, What is the status of the Cannonsgate submittal? Thanks, Kelly -----Original Message ----- From: Johnson, Kelly Sent: Thursday, September 10, 2015 11:30 AM To:'Melissa Williams' <mwilliams@ramanagementinc.com> Cc: 'Randy Allen' <ralien@ramanagementinc.com>; Scott, Georgette <georgette.scott@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Keith Maready (keithmaready@gmail.com) <keithmaready@gmail.com> Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, As we discussed the revised due date will be two weeks from today, 9/24/15 to accommodate the engineer's unexpected delayed schedule as well as the revised scope of work. (I have cc'd the HOA on this email as well). Thanks, Kelly -----Original Message ----- From: Johnson, Kelly Sent: Wednesday, August 19, 2015 3:26 PM To: Melissa Williams <mwilliams@ramanagementinc.com> Cc: Randy Allen <rallen@ramanagementinc.com>; Scott, Georgette <georgette.scott@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, I need to set a date so that we can track this NOD in our computer system. The June 1, 2015 permit set July 1, 2015 as the response date, and we should probably have set a new date already. But, we lost sight of rescheduling given the cancelled onsite meeting and the call from Governor's Office. We will set the new response deadline for September 2, 2015 which is two weeks from today and is also within your estimated timeframe below. Thanks, Kelly -----Original Message----- 1 From: Melissa Williams [mailto:mwilliams@ramanagementinc.com] Sent: Wednesday, August 19, 2015 3:08 PM To: Johnson, Kelly Cc: Randy Allen; Scott, Georgette; Sams, Dan Subject: RE: Cannonsgate Permit Transfer and Eng. certification Kelly, I wouldn't give them a date. I hope to have something to you by the end of the month. Maybe just give them an est. timeframe of end of Aug./Beg. Of Sept. As soon as I get further word from the engineer I will provide you more specifics. Melissa Williams R.A. Management, Inc. 3129 Springbank Lane I Charlotte, NC 28226 mwilliams@ramanagementinc.com O. 704-847-6006 1 M. 704-609-0528 1 F. 704-841-3525 The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. If you are not the intended recipient of this message you are hereby notified that any use, review, retransmission, dissemination, distribution, reproduction or any action taken in reliance upon this message is prohibited. If you received this in error, please contact the sender and delete the material from any computer. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of the company. -----Original Message ----- From: Johnson, Kelly [mailto:kelly.p.johnson@ncdenr.gov] Sent: Tuesday, August 18, 2015 1:14 PM To: Melissa Williams <mwilliams@ramanagementinc.coin> Cc: Randy Allen <rallen@ramanagementinc.com>; Scott, Georgette <georgette.scott@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, I am getting questions from the HOA about timeframes to have this resolved. What date should I tell them? Thanks, Kelly -----Original Message ----- From: Melissa Williams [mailto:mwilliams@ramanagementinc.com] Sent: Friday, August 14, 2015 8:36 AM To: Johnson, Kelly Cc: Randy Allen Subject: Cannonsgate Permit Transfer and Eng. certification Good morning Ms. Johnson, Hope you are well. I apologize we have not been in communication for the last couple weeks. I wanted to let you know we are still working on the documentation necessary to transfer the permit to the homeowners association. Summer months and holidays always seem to bring vacation time and time away from the office. We anticipate having this complete in the next couple weeks. Thank you again for your assistance and the clarification you have provided so we can get this done. Be in touch soon. Melissa Williams Johnson, Kelly From: Lewis,Linda Sent: Tuesday, September 29, 2015 6:34 PM To: Caleb Wright (cwright@isec.engineering) Cc: Johnson, Kelly Subject: Canonsgate SW8 050516 Attachments: 2011 09 permit 050516.docx; 2015 02 CEI_BIMS 050516 final.pdf; 2015 02 CEI_NOD 050516.docx; 2015 06 addinfo 050516.docx; 2015 06 CEI—BIMS 050516.pdf, 2015 06 CEI NOD 050516.docx Contacts: Caleb Wright Caleb: Attached is a copy of the current permit, and copies of various letters, emails and inspection reports you may find helpful in preparing your scope of work to be able to certify the project in anticipation of transferring the permit to the HOA. Since this is a low density permit, there is no blank certification attached to the permit. In order to transfer a permit, SL 2011-256 requires, among other things, that the project be in substantial compliance with the permit. As discussed, certification for this low density subdivision with a curb outlet swale system pertains to the following: 1. That the per lot built -upon area is not exceeded; 2. That the overall project built -upon are is not exceeded. For example, if the approved plan shows no sidewalk within the rights -of -way, but the inspection reveals that sidewalks were constructed, then that is a compliance issue. 3. That the curb outlet swales are installed at the grades depicted on the approved plans, and in the locations shown on the approved plans, and are located in recorded drainage easements, and are not eroding, and are nicely vegetated and the side slopes are 5:1(H:V) or flatter; 4. That the deed restrictions are properly and accurately recorded and a copy has been submitted to the Division; 5. That piping is minimized as shown on the approved plan. Under low density, the only runoff conveyances allowed are grassed swales. Minimal piping to get under roads or at intersections to get the runoff into the permitted curb outlet swale is allowed. I've copied Kelly Johnson on this email —she authored much of the later correspondence and conducted the compliance inspections. She will have much more knowledge of the details of the deficiencies than I do. I saw Brian Lambe's September 2014 compliance inspection letter and as explained, we are in the process of cross - training the Sediment inspectors to be stormwater inspectors and vice versa. Terminology is different between the programs. Brian's request to "certify the measures" is a bit misleading for low density, where there is more than just a BMP to be checked and verified. Linda Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Main Office — 910-796-7215 Direct Line — 910-796-7343 Johnson, Kelly From: Johnson, Kelly Sent: Wednesday, September 30, 2015 12:34 PM To: 'Keith Maready' Subject: RE: Cannonsgate It was due a few days ago. I have been wrapped up in other things, and I haven't called her. But, the engineer has contacted us to get copies of documents so I know they are still working on it. (IT -----Original Message ----- From: Keith Maready [mailto:keithmaready@gmail.com] Sent: Wednesday, September 30, 2015 11:54 AM To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Subject: Cannonsgate Morning Kelly We are beyond the time extension date --I think??? Have you heard anything from the R A North folks? Thanks Keith 6V37 oSc�S � CO Johnson, Kelly From: Johnson, Kelly Sent: Thursday, September 10, 2015 11:30 AM To: 'Melissa Williams' Cc: 'Randy Allen'; Scott, Georgette; Sams, Dan; Keith Maready (keithmaready@gmail.com) Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, As we discussed the revised due date will be two weeks from today, 9/24/15 to accommodate the engineer's unexpected delayed schedule as well as the revised scope of work. (I have cc'd the HOA on this email as well). Thanks, Kelly -----Original Message ----- From: Johnson, Kelly Sent: Wednesday, August 19, 2015 3:26 PM To: Melissa Williams <mwilliams@ramanagementinc.com> Cc: Randy Allen <rallen@ramanagementinc.com>; Scott, Georgette <georgette.scott@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, I need to set a date so that we can track this NOD in our computer system. The June 1, 2015 permit set July 1, 2015 as the response date, and we should probably have set a new date already. But, we lost sight of rescheduling given the cancelled onsite meeting and the call from Governor's Office. We will set the new response deadline for September 2, 2015 which is two weeks from today and is also within your estimated timeframe below. Thanks, Kelly -----Original Message ----- From: Melissa Williams [mailto:mwilliams@ramanagementinc.com] Sent: Wednesday, August 19, 2015 3:08 PM To: Johnson, Kelly Cc: Randy Allen; Scott, Georgette; Sams, Dan Subject: RE: Cannonsgate Permit Transfer and Eng. certification Kelly, 1 wouldn't give them a date. i hope to have something to you by the end of the month. Maybe just give them an est. timeframe of end of Aug./Beg. Of Sept. As soon as I get further word from the engineer I will provide you more specifics. Melissa Williams R.A. Management, Inc. 3129 Springbank Lane I Charlotte, NC 28226 mwilliams@ramanagementinc.com 0.704-847-6006 1 M. 704-609-0528 1 F. 704-841-3525 The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. If you are not the intended recipient of this message you are hereby notified that any use, review, retransmission, dissemination, distribution, reproduction or any action taken in reliance upon this message is prohibited. if you received this in error, please contact the sender and delete: the material from any computer. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of the company. -----Original Message ----- From: Johnson, Kelly [mailto:kelly.p.johnson@ncdenr.gov] Sent: Tuesday, August 18, 2015 1:14 PM To: Melissa Williams <mwilliams@ramanagementinc.com> Cc: Randy Allen <rallen@ramanagementinc.com>; Scott, Georgette <georgette.scott@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov> Subject: RE: Cannonsgate Permit Transfer and Eng. certification Melissa, am getting questions from the HOA about timeframes to have this resolved. What date should I tell them? Thanks, Kelly -----Original Message ----- From: Melissa Williams [mailto:mwilliams@ramanagementinc.com] Sent: Friday, August 14, 2015 8:36 AM To: Johnson, Kelly Cc: Randy Allen Subject: Cannonsgate Permit Transfer and Eng. certification Good morning Ms. Johnson, Hope you are well. I apologize we have not been in communication for the last couple weeks. I wanted to let you know we are still working on the documentation necessary to transfer the permit to the homeowners association. Summer months and holidays always seem to bring vacation time and time away from the office. We anticipate having this complete in the next couple weeks. Thank you again for your assistance and the clarification you have provided so we can get this done. Be in touch soon. Melissa Williams R. A. NORTH DEVELOPMENT, INC. Ep. June 10, 2015 J U N 15 2015 Ms. Tracy Davis BY: - NC Division of Energy, Mineral and Land Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Request for Transferring Stormwater Management Permit No. SW 8050516 for Cannonsgate at Bogue Sound Dear Ms. Davis: I am writing in response to your Notice of Deficiency dated June 1, 2015 regarding transfer of the above -referenced stormwater permit to the Cannonsgate of Bogue Sound Homeowners Association. I am disappointed that DENR will not accept the letter from John Riggle of Trade Construction Company stating that the stormwater measures have been constructed in substantial compliance with the stormwater permit. There are always necessary field changes based on actual field conditions. This is inevitable, particularly in the case of a very large development such as Cannonsgate, which has approximately 500 building lots and associated infrastructure. Grading and infrastructure construction was finished more than seven years ago, and all the infrastructure and common areas were transferred and accepted by the HOA for continuing maintenance and repair. Since that time all lots have been sold and grading has taken place on some of them. R.A. North has not had control over these private activities or any changes that have affected drainage. These are reasons that N.C.G.S. 143-214.7(c2) requires "substantial" compliance rather than strict compliance in order to transfer the permit. I do not think, based on consultation with Trader Construction, that our implementation of the stormwater plan is the cause of the problems the HO complains about. Simply put, the HOA needs to assume its responsibilities and DENR June"10, 2015 Page 2 needs to facilitate this by transferring the permit rather than pressuring R. A. North to take care of the HOA's responsibilities. The HOA may not ever take this responsibility willingly. Regarding the NOD, it appears to me to acknowledge that various drainage problems are not R.A. North's responsibility, and it only alleges generally that the development is not in compliance with the stormwater plan without specifically identifying why the non-compliance is substantial. In view of Mr. Riggle's letter, DENR should specify the non-compliance and why it is substantial. Mr. Riggle is experienced in these matters and I see no reason nor legal requirement that compliance must be certified by a PE or PLS, and it is not required by the permit. It appears to me that DENR is trying to avoid conflict with the HOA by refusing to transfer the permit. This is not the fair way to handle this matter. The HOA owns the common areas and has assumed the responsibility for their maintenance as shown by the accompanying documentation. As your letter acknowledges, the HOA complains of drainage problems that are not R.A. North's responsibility, which makes me wonder why you even include these matters in an NOD written to R.A. North. This just verifies that the HOA is trying to use DENR to help get someone else to solve its maintenance issues at the site that the HOA should deal with itself. In conclusion, R.A. North contends it is in substantial compliance with the stormwater permit and I am certifying this based on Mr. Riggle's letter. Enclosed are the items listed below, so I think all the items required for the transfer have now been submitted. I ask that DENR effectuate the transfer. If you continue to think the development is not in substantial compliance, please respond with a description of such non-compliance and why you think it is substantial. If necessary, I will have our consultant meet with you and the HOA at the development to determine whether there is actually a need for further work and, if so, who is responsible. June 10, 2015 Page 3 Please understand that R.A. North is not trying to avoid its obligations, but it should not be held responsible indefinitely for matters unrelated to the adequacy of the stormwater measures at the development. Enclosed documents are as follows: • Check to NC Department of Environment and Natural Resources for the $40.00 application fee. I understand this fee may not be required if this is the -first transfer. If that is the case, please return the check. • State Stormwater Permit Transfer Request Form executed by Randy Allen as president of R.A. North Development, Inc. pursuant to N.C.G.S. 143-214.7(c2). Please note Mr. Allen is certifying substantial compliance for the permittee based on the enclosed letter from John Riggle of Trader Construction Company. • Letter from John Riggle of Trader Construction Company certifying that the stormwater measures at Cannonsgate were constructed in substantial compliance with the permit. • Copy of current Stormwater Management Permit No. SW 8050516 and transmittal letter dated September 22, 201 L • Deed recorded in Book 1285, Page 345 of the Carteret County Registry transferring from R.A. North Development, Inc. to Cannonsgate at Bogue Sound Homeowners Association all the common area in the development except "Boat Slip Area and Boat Slips." • Business Corporation Annual Report showing Randolph M. Allen as President, Treasurer and Secretary of R.A. North Development, Inc. and thus authorized to sign this application. • A copy of Article VIII, Section 4 Compliance with Stormwater Management Acts from the Declaration of Protective Covenants, Restrictions, Easements, Charges, and Liens for Cannonsgate at Bogue Sound recorded in Book 1121, Page 146 of the Carteret County Registry. This is to show that the restrictions required by the stormwater permit have been recorded as required. • List of all lots in Cannonsgate that have been transferred verified by Randolph M. Allen and showing that well over 50% of the 525 lots have been transferred. June`10, 2015 Page 4 Yours trul d� Randy Allen, President R.A. North Development, Inc. RA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor June 23, 2015 Mr. Randy Allen, President R.A. North Development, Inc. 3129 Springbank Lane Charlotte, NC 28226 Subject: Request for Additional Information Stormwater Project No. SW8 050516 Cannonsgate Carteret County Dear Mr. North: Donald van der Vaart Secretary The Wilmington Regional Office received Stormwater Management Permit Name/Ownership Change Application for Cannonsgate on June 15, 2015. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. PE/PLS Certification [Sections II(3) and II(8) of the permit]: Per the enclosed email from Tracy Davis dated June 19, 2015 please submit a certification showing that the project has been constructed within substantial compliance with the permit conditions. If the project cannot be certified, then please contact me to schedule a meeting to discuss the next steps. 2. Other: a. Check for Forty Dollars ($40): Check number 0000010435 is being retumed because there is no fee for the first permit transfer. b. Administrative Items: The Name/Ownership Change form, the common area deed, and documentation that 50% of the lots have been sold has been submitted. Please note that this request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to July 23, 2015, or the application will be retumed 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 email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. Please note that a second significant request for additional information may result in the return of the project. If the project is retumed, you will need to reschedule the project through the Express coordinator for the next available review date, and resubmit all of the required items, including the application fee.. 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. Division of Energy, Mineral, and Land Resources Land Quality Section — Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 SW8 050516 `June 23, 2015 If you have any questions concerning this matter please feel free to call me at (910) 796-7345 or email me at kelly.p.johnson@ncdenr.gov Sinc `rely, ,. i Ily Jo ns nvironmental Engineer GDS/kpj: G:1WQ1SharedlStormWate6Permits & Projects12005 \050516 LDT015 06 addinfo 050516 enc : Email from Tracy Davis, Director of Division of Energy, Mineral and Land Resources, June 19, 2015 cc: Melissa Williams, RA Management, Inc., (mwilliams@ramanagementinc.com) Glenn Dunn, Poyner & Spruill, (hgdunn@poynerspruill.com)' Prestige Land Surveying,(prestigesurveying@embargmail.com) Riley Horn, R.H. Construction & HOA,(riley@(leyhomeconstruction.com) Wilmington Regional Office Page 2 of 2 Johnson, Kell From: Davis, Tracy Sent: Friday, June 19, 2015 9:59 AM To: Sams, Dan Cc: Scott, Georgette; Bennett, Bradley; Johnson, Kelly; Vinson, Toby; Cole, Brad Subject: RE: Canon's Gate, Glenn Dunn call for R.A. North Thanks for the information you sent (excellent documentation, Kelly!). It was very helpful. I just got off the phone with Glenn Dunn, attorney for RA North. We discussed the current situation and we agreed that there are two options: 1) RA North obtain the services of a PE/PLS to review the SW plan and permit vs. the site conditions and certify that the site is in substantial compliance with the permit or 2) if such PE/PLS is not comfortable certifying substantial compliance, then a meeting will be scheduled at the site with DEMLR, RA North rep, PE/PLS, and HOA rep to discuss work to be done onsite to make it certifiable — and once the work is completed and the certification issued, the permit will be deemed in compliance and transferred to the HOA. The other areas outside of the permit will have to be addressed by the HOA. Mr. Dunn will discuss this with his client and will be back in touch next week on next steps. Thanks, Tracy From: Sams, Dan Sent: Friday, June 19, 2015 9:18 AM To: Davis, Tracy Cc: Scott, Georgette; Bennett, Bradley; Johnson, Kelly Subject: FW: Canon's Gate, Glenn Dunn call for R.A. North Tracy: Here is the information regarding Mr. R.A. North. Basically, the low density project has not followed the approved plan (omission of some of the drainage swales, standing water). Mr. North would like to transfer the permit to the HOA, the HOA doesn't want it until it is in compliance or an agreement is reached. Kelly's Record of Recent Events walks through this fairly clearly. If you have questions, give me or Georgette a call. Thanks.... dan From: Scott, Georgette Sent: Friday, June 19, 2015 8:59 AM To: Sams, Dan Subject: Canon's Gate Georgette Scott Stormwater Program Supervisor State Stormwater Program NC Division of Energy, Mineral and Land Resources VENDOR n13 CHECK: 0000010435 DATE: 6/10/2015 REMIT TO: N.C. Dent. of Environment & COMMENT: RAND DWO rermit - irrocessin Fee to Transfer 17WA N F I- AMOUNT INVOW� DWO Permit RAJ 1.)A 11-1 6/10/2015 VOUCHER 0000001463 COMMENT RAND DWO Permit -Processing Fee b AMOUNT 40.00 DISCOUNI 0.00 40.00 40.001 0.00 40.00 R.A. North Development 1, LLC - ------------ ----------- FD)__0U_-Jffa@W No. 0000GA-04-35 R.A. N.a.rthDovelopmont I; LLBftnkist 312.9 ftrin,goank Lane, Charlotte, WC 28226 USA PAY. Forty and xx ! 100 Dollars TO THE N.C. Dept. of Environment & ORDER Natural Resources OF I USA DATE AMOUNT 6/10/2015 ****************40.00 CHECK AMXNM OVER $26,000-00 RECUIRE IM SIGA7LM WNW_ W.-I n000000 L043 Sill I:OS 3 10046 SI: LOOO 13 2496 786110 TRADER CONSTRUCTION COMPANY DesigNBulid • Heavy Civil - Site Dembprrrerd • Engineering • Surveying • wells • Demalitlon • Materials Testing March 6, 2015 Mr. Randy Allen, President R.A. North Development, Inc. 110 Matthews Station Street, Suite 2D Matthews, NC 28105 Subject Stormwater Controls and Impervious Surface Statement Cannonsgate at Bogue Sound Permit No. SW8 050516 Carteret County, NC Mr. Allen: During every phase of development, Trader Construction Company performed all construction activities in compliance with the above referenced stormwater permit. It is my opinion, all stormwater Controls and impervious surer were constructed within substantial intent of the approved plans and specifications. To the best of my knowledge and recollection, it was determined some swales were not needed as their installation served no function. It is my opinion, the stormwater measures implemented met the substantial intent of the stormwater permit. Throughout this project any deficiencies noted by R.A. North Development, Inc.'s representatives or by NC Division of Water Quality (DWQ) inspectors required only minor rework and were corrected. Respectfully submitted, J hn Riggle - ect Manager PO Drawer 1578, New Bem, NC 28563, Tale: (252) 633-2424, Fax: (252) 634-9718, www.traderconstruction.com Johnson, Kelly From: Johnson, Kelly Sent: Monday, December 22, 2014 9:26 AM To:'riley@rileyhorneconstruction.com' Subject: RE: SW8 050516, Cannonsgate Stormwater Permit Mr. Horne, I have not heard from anyone about Cannonsgate since my 11/7/14 email. Happy Holidays, Kelly From: riley@rileyhorneconstruction.com[mailto:riley@rileyhorneconstruction.com] Sent: Sunday, December 21, 2014 9:47 PM To: Johnson, Kelly Subject: RE: SW8 050516, Cannonsgate Stormwater Permit Good Morning Mrs. Johnson, We haven't seen any work in Cannonsgate on these storm water problems. Could you please tell me if anybody has contacted you on any of these issues. Thanks for your time. Rilev Horne R.H. Construction, Inc. Work --- 919-553-8100 riles@)rilevhorneconstruction.com Cannonsgate HOA. Vice President Cannonsgate BSA Treasurer Cell 919-422-1800 -------- Original Message -------- Subject: SW8 050516, Cannonsgate Stormwater Permit From: "Johnson, Kelly" <kelly.pJohnsonCa ncdenr gov> Date: Fri, November 07, 2014 8:36 am To:"mwilliams@)ramanagementinc.com" <mwilliams@)ramanagementinc com>, "hgdunn(ftoynerspruill.com" <hadunn0poynerspruill.com>, "prestigesurveying(&embargmail com" <prestigesurveyinataembargmail com>, "riley@)rileyhorneconstruction.com"<riley(&rileyhorneconstruction.com> Cc: "Lambe, Brian" <brian.lambeC&ncdenr.gov>, "Scott, Georgette" <georgette.scott a0ncdenr.gov> All, The Division has received separate questions from many of you about this project and so I will address them all simultaneously via email in order to clear up any confusion that may exist stemming from the 9/30/14 letter (attached), and to also start the conversation that will hopefully lead to permit compliance and transfer to the HOA. The following parties are copied: Melissa Williams, RP. Management, Inc. 2.' 3.' Glenn Dunn, Poyner & Spruill Keith, Prestige Land Surveying Riley Horn, R. H. Construction, Inc. & HOA R.A. North Development, Inc. is the current permittee per the most recent permit which was issued on 9/22111 and is attached for your reference. This permit does not automatically transfer to the HOA with the sale of land. It has to be formally transferred through the Division [per Permit Section 111(5)]. The Division received the attached transfer form from R.A. North Development, Inc. on 7/26/11 but the form was not signed by the HOA and so it was not executed. It is in the interest of both the HOA and the developer to transfer this permit to the HOA. From the developer's perspective, if you do not transfer it you will be responsible for it forever. From the HOA's perspective, if you do not eventually accept a permit transfer you can be charged with operating without a permit. I would like to facilitate this transfer in any way that I can. In order to transfer the permit to the HOA, the permit either has to be in compliance or we have to have to come to some sort of agreement between the two parties that will get the site into compliance. It is my understanding that some of the stormwater measures may not be installed per the approved plan. Section 11(8) of the permit requires a certification that the project has been constructed in substantial compliance with the permit, and that certification has not been received. As the permittee, R. A. North Development, Inc. is responsible for submitting the certification per the permit. As requested in the 9/30/14 letter, please submit this certification. If the site can be certified, then this project will be in compliance. But, it is my understanding that there are missing swales (and potentially other items) that may keep it from being certified. I met with the HOA and Prestige Land Surveying about the situation on 9/12/14, and I have provided their pictures which highlight their concerns. I also created a diagram to show the location of the swales of interest. I understand that water pools in one area of the development. Pooling water alone is not a violation of the permit if the permit is constructed per approved plans. The issue is that there is an allegation that the permit is not constructed per the plans. If the site cannot be certified that it has been constructed per the approved plans, please contact me to discuss obtaining either a Plan Revision or a Permit Modification to change the permitted plan to a configuration which can be certified. There is a related but separate issue at hand as well. There is an amenity pond on the plan that is not required by the State Stormwater permit, and the HOA is concerned that this pond does not have an appropriate place to overflow. This is a flooding issue, and is therefore beyond the scope of the State Stormwater permit. The Division does not have authority to regulate flooding. But, if the State Stormwater permit is hindering a solution to this potential safety issue and we can help you resolve it via a Plan Revision please let me know and we can discuss that further. After these issues are resolved, we can transfer the permit to the HOA. Administratively, we will three documents per SL 2011-256 which is attached: Common area deeds showing that the HOA is the owner. Documentation showing that at least 50% of the development has been sold. Name/Ownership Change Form, available on our website http://portal.ncdenr.org/web/ir/state-stormwater- forms does under "miscellaneous iorrns". Please note that there are two forms. i he one desionated for HOAs is pursuant to SL2011-256 which says that if the site is compliant and the appropriate documentation is submitted then the permit can be transferred to the HOA without their signature. This form has a signature block only for the outgoing (current) permittee and can be used if the site is in compliance. (Please note that this law has been passed since the previous transfer form was submitted by the developer.) The other form has signature blocks for both the outgoing (current) and incoming (proposed) permittee. We will use that form if we come to some agreement between the developer and the permittee to get the site into compliance as discussed above so that both sides can sign. If you have further questions, please let me know how I can help yoLj. Thanks, Kelly 1-,-' 6LUj oh V1.50V1. Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 Johnson, Kelly From: Lambe, Brian Sent: Thursday, October 30, 2014 11:54 AM To: Melissa Williams Cc: Scott, Georgette; Johnson, Kelly Subject: RE: Response to 9/30/14 Notice of Inspection - Non Compliant Cannonsgate Attachments: SSW-HOA-NAME-OWNER-CHANGE-20120924-DWQ-SPU.pdf Dear Ms. Williams: Thank you for the response to the recent inspection. Regardless of the ownership of the project, the permit remains in R A North's name. This can only be changed by completing the attached form. Please note on page one the required checklist for transfer of the permit. The site must be in compliance with the stormwater permit during transfer. A compliance inspection can be scheduled with a representative from your office as needed. I look forward to working with you on this project to find the best solution possible for all parties involved. Please do not hesitate to contact me or Kelly Johnson with any questions you may have. Kelly will be the engineer reviewing the transfer. Brian Lambe Environmental Specialist Land Quality Section NC Division of Energy, Mineral, and Land Resources (910) 796-7314 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. From: Melissa Williams[mailto:mwilliamsC&ramanagementinc.com] Sent: Tuesday, October 28, 2014 5:08 PM To: Lambe, Brian Cc: Randy Allen Subject: Response to 9/30/14 Notice of Inspection - Non Compliant Cannonsgate Good afternoon Mr. Lambe, Please see attached response with other supporting documents that were requested. This has also been certified mail and should be delivered to your office via USPS by this Thursday 10/30/14. hrleiissa VVil$iams R `� AA a'laaem.e-)t, Iikc, 3129 Springbank Lane I Chaff iotte, NC 28226 mwilliams@ramanagementinc.com 0. 704-847-6006 1 w. 704-609-0528 1 F. 704-841-3 ,2:, ':,.i Dr n;L! -m trensmitWd is into: i6t] onK, for tnc r-�r .c:n c:r en?!ty t0 N:7ii�;,it it is as:itresu:>_ �'i?�! m•<t (:4:.'lt�iln G"%�'i'�dantii;.l �mdjor privii�;;ch� mat r4=.:!. if you +_re n A the -r:Jud rt. ipieT. o: th!5 me e,;; : ;• >u ar•_ no',dicd That any;a (:, v_• iew, r trenw!r is:i:;n; di_,sonv,tatio:e, ciistributiun, remad.<;u'-_ion oi _�..n, action taken in rt iian-:c i :::s mess,.:., is p• c;•'.Oit= d. If..ou rem ived "his in error, pv�,aE^e cont; ;c_ the sender and deL•tr, the mat.-; iai from any cam miter. Any vieeas a+xpressed in t!tis - are t0se of to:= 1:-1%idaal sendFt and may not necv_ssarily ?fiect the , JtwiE€ ofthe company. Johnson, Kelly From: Scott, Georgette Sent: Monday, September 15, 2014 10:52 AM To: Johnson, Kelly Subject: FW: SW8 050516 BUA reallocation request It appears that Christine and David were working on this transfer. I think somewhere along the way the permittee backed out of the transfer. Here is some info on the lot reallocation. Georgette From: Kathy Vinson [mailto:kbvinson@ec.rr.com] Sent: Friday, September 23, 2011 9:34 AM To: Scott, Georgette Subject: RE: SW8 050516 BUA reallocation request Thank you so much. I appreciate your help. 7t .i' Zsz:7,I.ICP P 252 i -975 kbvxlmn@ ec From: Scott, Georgette [mailto:cieorgette.scott dncdenr.gov] Sent: Thursday, September 22, 2011 12:45 PM To: Kathy Vinson Cc: Glenn Dunn; Nelson, Christine; Cox, David Subject: RE: SW8 050516 BUA reallocation request Ms. Vinson, I have just been discussing this project with my engineer. It appears that the BUA reallocation should not be a problem. Before a transfer can occur any issues/changes with the permit must be completed. Therefore the modification will be completed first and in short order. Once that is completed, approved and signed we will complete the transfer. I understand that the permittee would like to transfer the permit under the new transfer act. If that is the case we have a few questions and information that we will require per the new act before we can transfer. We have been instructed by the Attorney General that if the permittee wishes to transfer the permit under the new transfer Act that an inspection must be conducted after the date of the passage of the Act and at the time a transfer is requested under the Act. We will be sending the questions to you shortly so that we can complete this as soon as possible. Christine Nelson should be contacting you shortly to discuss the additional information she needs for the transfer. Georgette Scott Stormwater Program Supervisor State Stormwater Program NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 2840.5 Phone (910) 796-7335 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. From: Kathy Vinson [mailto:kbvinsonaec.rr.com] Sent: Thursday, September 22, 2011 10:53 AM To: Scott, Georgette Cc: Glenn Dunn Subject: SW8 050516 BUA reallocation request Dear Ms. Scott, State Stormwater permit SW8 050516 was issued to RA North Development, Inc. (Randy Allen, President) in June 2005 for development of Cannonsgate at Bogue Sound, a low -density stormwater subdivision in Carteret County. Plan revisions were approved by DWQ in January 2006 and August 2007 to add facilities and reallocate built -upon -area (BUA) within the subdivision. On behalf of Randy Allen we submitted a modification request to DWQ in July to reallocate 3585 square feet of BUA currently set aside for future development to Lot #437. Prior to submitting the request we worked with DWQ staff to obtain their guidance on the required procedures, and traveled to the Wilmington Regional Office to review and copy files associated with the permit and related modifications. It was necessary for us to review the files to determine if sufficient BUA was available for future development within the 575' CAMA coastal shoreline AEC, in accordance with CAMA and water quality regulations. Based on your files, we found that sufficient unallocated BUA remained available to allocate the additional area to Lot #437. The modification request was delivered to the regional office by UPS on July 13, 2011, and I understand from DENR staff that the modification package was logged in as complete on that day. To assist in staff review, we included a "BUA Tracking & Requested Allocation" table that traces the changes in BUA allocations that have been executed in two previous permit revisions, as well as the currently requested revision. I was told by DENR staff that the standard time for reviewing such requests is 45 — 60 days, depending upon staff workload; vacation schedules, etc. In mid -August! was told that action should occur within three weeks (the week of Labor Day). However, as of today, we have heard nothing on the status of our request. My clients are David and Gloria Keesee, who are the owners of Lot #437. They are paying all costs associated with the current application and BUA reallocation process. These expenses are in addition to more than $25,000 spent by the Keesees since the fall of 2009 with surveyors, engineers, soil scientists and other professionals pursuing various options to develop their property in accordance with local, state, and federal requirements. These expenses are on top of the full market price they paid for the lot in 2006. DWQ staff has stated clearly to us that as owner of the permit, Mr. Allen controls the reallocation. Mr. Allen was gracious to agree to the reallocation to assist the Keesees in building their home on the lot. He has indicated repeatedly that he wants the Keesees to have the additional BUA. Through his attorney Glenn Dunn, Mr. Allen has also submitted a request to transfer the permit from Randy Allen and RA North Development, Inc. to Cannonsgate at Bogue Sound Homeowners Association, Inc (HOA). The ownership transfer request was submitted on July 22 following my submission requesting the BUA reallocation to Lot #437. In his request, Mr. Dunn stated that Mr. Allen had agreed to the BUA transfer some time ago and wants to complete the reallocation before the permit is transferred to the homeowners. association. Mr. Dunn and I are working together on these requests and are anxious to resolve both the BUA and ownership transfers. Representatives of the HOA are calling Mr. Dunn and are getting agitated that Mr. Allen has not yet transferred permit ownership. Mr. Allen is concerned that while DWQ staff has inspected the property and found it to be compliant with the stormwater plan, as time goes on the project may become damaged or otherwise out of compliance. I am concerned that the BUA reallocation occur while the permit is still in Mr. Allen's name to avoid repeating this process with the HOA and subsequently incurring more expense for the Keesees. Mr. Dunn and I were careful to provide all of the necessary information in an organized manner and it seems to us that the two transfers will take very little time. On behalf of all involved, I am requesting that you expedite both requests under review by your staff. I am available to come to Wilmington to meet with your staff to review the BUA reallocation submittal and answer any questions that may have arisen. Thank you for your help. Please call if you need more information or to schedule a meeting. a -,.;.z:N C 28557, r kbvinscn@ ec xncm No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1410 / Virus Database: 1520/3912 - Release Date: 09/22/11 Scott, Georgette From: Johnson, Kelly Sent: Monday, September 15, 2014 9:20 AM To: Lambe, Brian; Scott, Georgette Cc: Sams, Dan Subject: SW8 050516, Cannonsgate Inspection Needed Attachments: Cannonsgate.pdf olow Up Flag: Follow up -fit Flag Status: Flagged 5� Georgette, �J Keith with Prestige Land Surveying and a ember f the HOA (I didn't get his name) did a file review on this on Friday. I haven't worked on this one, so I don't have c background. I just set up the file review. SteWI spected it and found it to be compliant in 2011. They have requested an inspection. They are ramping up to transfer. This one has two potential safety issues that need to be addressed that we may need to consider under "alternative measures". I asked them to get some proposals together and then we can discuss them. 1. They have water pooling on a road that reportedly isn't graded properly, and they will look into putting in a pipe/LS/FS to get the water off of the road. This is LD so they will need special permission for the pipe (and it is also ORW 575). This is also a CO swale, and they may need to shorten the 100ft swale to install whatever they propose. 2. They have an amenity pond that doesn't have anywhere to overflow, and they want to add a swale (pipe/LS/FS?) along one side of lot 519. They will have to get an easement from the lots owner, but they think that they will be able to get it because otherwise that lot will have water issues. I don't think that lot 519 is built yet (not positive though). This is also ORW 575. Brian, Here is some general info. I will bring you the file. 1.) 25% LD with Curb Outlet system. There are several ponds, but they are amenity ponds only and are not covered by the permit. 2.) Documentation: a. Designer's Certification: Needed b. 0&M: On file with the 2011 permit c. Deed Restrictions: Recorded (need to verify that they are correct) d. Common Area Deed(s): Needed 3.) History: a. 2005: Permit issued. b. 2006: Plan Revision issued to re -allocate impervious area from "future" to allow some common areas to be built. c. 2007: Plan Revision issued to re -allocate impervious area from "future" to allow some common areas to be built. The original, signed letter has been lost. In 2010 Linda saw that the letter was lost and did some homework to verify that it had, in fact, been issued. She sent a letter documenting that. d. 2010: Letter about the 2007 PR sent. e. 2011: Permit modified to re -allocate "future" area to lot 437. (It looks like that lot must have bought some impervious from the developer?) f. 2012: Letter issued that development on lot 437 is covered by SW8 050516. 4.) Two Specific Issues: See my scanned notes (which are sort of hard to read... sorry O). The plans aren't very detailed with topography/spot elevations unfortunately. If you could take pictures of these two areas while you are there that would be appreciated so that we can figure out what to do when make their proposals. ! to!d them that we generally ask for the Designer's Certification since it isn't on file and also note potential problems (such as the two below) in the inspection letter. If they aren't able to get the Cert, and what has been permitted can't be built because of unforeseen field issues then we can work with them to make appropriate changes. a. Water Pooling: Swales #29 and #28 look like they should receive the road's water, but the road is reportedly not graded properly. b. Pond near Lot 519: They said that this pond just overflows onto the side near lot 519 and pools. They said that there aren't outlet boxes or overflows on the ponds. (That isn't part of our permit because they are only amenity ponds, but It Is interesting.) If it is a safety issue and -we are able to help them resolve it while still appropriately implementing the stormwater program then hopefully we can do so. Thanks, KJ k.6LU-JokV-Sem, Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 a. Water Pooling: Swales #29 and #28 look like they should receive the road's water, but the road is reportedly not graded properly. b. Pond near Lot 519: They said that this pond just overflows onto the side near lot 519 and pools. They said that there aren't outlet boxes or overflows on the ponds. (That isn't part of our permit because they are only amenity ponds, but it is interesting.) If it is a safety issue and we are able to help them resolve it while still appropriately implementing the stormwater program then hopefully we can do so. Thanks, KJ V-el.I.�JDkVLSDV, Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Office: 910.796.7331 Fax: 910.350.2004 Johnson, Kelly From: Johnson, Kelly Sent: Wednesday, August 20, 201410:13 AM To: 'Prestige Land"Surveying' Cc: Nelson, Christine Subject: RE: Cannonsgate at Bogue Sound Attachments: 2012 02 14_Project Return.pdf; 2011 11 30_Response from attorney.pdf; 2012 01 11 _Email.pdf; 2011 11 28_Questions to Permittee.pdf Keith, Cannonsgate, SW8 050516, was issued most recently to R.A. North Development, Inc. on September 22, 2011. It looks like they tried to transfer it to the HOA, but there were some compliance issues and the transfer could not be done until those were resolved. I have attached a few of the items we have on file that give you an idea of the history. If you would like to schedule a time to come down and do a file review to see the whole thing, please let us know. Thanks Kelly From: Prestige Land Surveying fmailto:prestigesurveyinciaembargmail.com] Sent: Tuesday, August 19, 2014 4:26 PM To: Johnson, Kelly Subject: Cannonsgate at Bogue Sound Good afternoon Ms. Kelly, I am working with Riley Horne, a board member of the Cannonsgate HOA. He has asked me to find out if the Stormwater Permit No. SW8 050516 has been transferred to the HOA. If it has can you tell us who signed the transfer form so we can try and find out where the plans are. Thanks for all you do, Keith Prestige Land Surveying, P.A. 501 W. B. McLean Blvd. Cape Carteret, NC 28584 252-393-2129 252-393-3075(fax) Corporation License Number C-0960