Loading...
HomeMy WebLinkAboutSW8050516_Historical File_201202147��p#�4 ���`1 North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary February 14, 2012 Mr. Randolph Allen, President R.A. North Development, Inc. 7009 Whitemarsh Ct. Charlotte, NC 28210 Subject: PROJECT RETURN Stormwater Project No. SW8 050516 Cannonsgate at Bogue Sound Carteret County Dear Mr. Allen: A review of your Stormwater Management Permit Application indicates that as oft r[ks date, information requested on November 28, 2011 has not been received in this Office within the stipulated timeframe. Per the requirements of Section .1009 (c) of the 4 Stormwater Management Rules, this Office is hereby returning the subject application as incomplete. In order to transfer this permit in the future, the items outlined in the Request for Additional Information dated November 28, 2011 must be addressed and submitted to the Division along with the appropriate paperwork. If you have any questions concerning this matter, please contact Christine Nelson or me at (910) 796-7215. Sincerely, Georgette Scott Stormwater Supervisor Division of Water Quality GDS/can: SAWQS1StormWaterlPermits & Projects120051050516 LD12012 02 return_project 050516 cc: Glenn Dunn, Poyner Spruill Wilmington Regional Office Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-72151 FAX: 910350-2004 \ DENR Assistance: 1-877-623-6748 Internet: www.ncwaterquality.org None rthCarolina Natu,&4 An Equal Opportunity 1 Affirmative Action Employer ..4 —A— NCDEN'R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue_ Charles Wakild, P. E. Dee Freeman Governor Director Secretary July 16, 2012 Kenneth & Gloria Keesee 395 C.R. Lewis Dairy Road Goldsboro, NC 27534 Subject: Individual Lot covered by a State Stormwater Management Permit Lot address: 131 Greenhill Place, Newport, 28570 Covered under Master Stormwater Permit No. SW8 050516 Cannonsgate Subdivision at Bogue Sound Carteret County / Town of Newport Dear Mr. and Mrs. Keesee: On July 9, 2012, the Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for the subject project. Per the requirements of the stormwater rules, NCAC 02H.1000, any project that is required to submit a CAMA Major Permit application or which disturbs >1 acre and must receive Erosion and Sedimentation Control Plan approval, must be reviewed for the applicability of the stormwater management rules. Lot number 437 located at 131 Greenhill Pace, Newport, is currently included as part of the development permitted under State Stormwater Management Permit number SW8 050516, which was issued to R. A. North Development, Inc. on June 2, 2005 and revised on September 22, 2011. The permit requires the recordation of deed restrictions and protective covenants to ensure that the development is maintained consistent with the plans and specifications approved by the Division. The required deed restrictions were recorded on October 10, 2011 in Deed Book 1388 at Page 53 of the Carteret County Register of Deeds. The lot plans and documentation provided with the CAMA Major Permit application indicate a proposed built -upon area of 5,733 square feet, which is less than or equal to the permitted maximum allowable built -upon area, 6,665 square feet. Staff review of the plans and specifications has determined that the development activities proposed on this lot at this time will not require a separate stormwater management permit because it is already subject to the terms and conditions of SW8 050516. Please note that it is the lot owner's responsibility to maintain compliance with the maximum built -upon area limit for the lot as per the permit and the recorded deed restrictions. To ensure that all lot owners are in compliance with the permit conditions, R.A. North Development, Inc. is required to review all lot plans and monitor the entire development on a routine basis. R.A. North Development, Inc. is also required to notify any lot owners that are not in compliance, and to require resolution within a reasonable timeframe. Any person or entity who is found to be in non- compliance with the provisions of a stormwater management permit or with the stormwater rules is subject to enforcement procedures as set forth in G.S. 143, Article 21. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or via e-mail at linda.lewis@ncdenr.gov. Sin erely, ' _btZs�� 57m Charles akild, P.E., Director Division of Water Quality GDS/arl: S:1WQS1StormwaterlPermits & Projects120051050516 LD12012 07 letter Lot437 050516 cc: Kathy Vinson, Coastal Planning Services R.A. North Development, Inc. Town of Newport Building Inspections Heather Styron, DCM Morehead City Doug Huggett, DCM Wilmington Regional Office Master Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance:1-877-623-6748 N�ifthCarolina Internet www.nrwaterquality.org 'Q`�l� An Equal Opportunity 1Affirmafive Ar:tion Fmployer bi` ` CCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management IiJ Beverly Eaves Perdue Braxton C. Davi r Dee Freeman Governor Director Secreta ry July 5, 2011 Q�1 MEMORANDUM: 2 IV TO: Linda Lewis 'jugs Joanne Steenhuis Bl(; Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kenneth & Gloria Keesee Project Location: Carteret County. 131 Greenhill Place, lot 437, Cannonsgate Subdivision, adjacent Bogue. Sound, Newport. Proposed Project: Proposes to fill and grade the existing non developed lot, install a retaining wall and construct a single-family residence with driveway and a turnaround area. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 25, 2012. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. 44-1 REPLY: IVThis agency has no objection to the project as proposed. Cw'ej U�� SW if 0.50 ���r�� P p S, This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED , DATE /(P— 7UC.- 2 C'(Z 400 Commerce Ave.; Morehead City, NC 28557 O.ne Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net NofthCarohna An Equal Opportunity 1 Affirmative Action Employer A tmill%% DIVISION OF COASTAL � 'M NAGEMENT FIELD INVESTIGATION IMPORT Al I Ali l 6 :N A_.l :e eiunci Glc. _:: Keesee OF P 4 T 17E: 13 i CT' .'-nh i . 1%C of 437 Ca'__rc-ilsga:.0 s/d, a-djac '--. -at t0 ._- au S3ur_ :-1 ti' ; r'� e . _. . � ._ •� C' ,,o .� arel,? r Ph o Ind;._ 20 :i: 3 %-498 K 2006. 39-8050" N (,1.-23) State Plane Coordinates - X: 260=8982.660 Y: 354832.076 LAT 34042'28.35 LON 76058'24.82 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/20/12 Was Applicant Present No 5. PROCESSING PROCEDURE: Application Received — 6/19/12 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan —Carteret County 12/22/2010 Land Classification from LUP — Limited Transition with Conservation (B) AEC(s) Involved: Estuarine shoreline (C) Water Dependent: upland development- no (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — community sewer system Planned — none (F) Type of Structures: Existing- Sewer tap -in Planned — single family residence, driveway and turn- around area and retaining wall (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: (A) High Ground N/A 11,000 ftZ N/A (B) Jurisdictional wetlands N/A 556.5 ftz N/A (D) Total Area Disturbed: 11,556.5 ft2 (E) Primary Nursery Area: yes (Sanders Bay) (F) Water Classification: SA/ORW Open: Yes (Bogue Sound except within the marina), No (Sanders Bay) 8. PROJECT SUMMARY: The applicant is proposing to fill and grade the existing non developed lot, install a retaining wall and construct a single-family residence with driveway and a turnaround area. The Cannonsgate subdivision was previously issued a major permit (120-88) to R.A. North Development as well as issued a stormwater permit (SW8 050516) on 6/2/05. The stormwater permit delegated the impervious surface allowed for each lot, with some lots allotted more than others. Lot 437 previously was limited to a total of 3,080 square feet, however per the applicants they were allowed to modify the existing permit and received f F.le ll: LA. ,stiga6lcn .t e—po'1 Keesee page 2 of 3 `6 i:.:— f. r oval Dorn D , • i to incrt O- a Ic C.. L sq-_ua.r r' I`'ei. 9. -S -i rrati',—P_ "1-iiv :eesee project is locate;l at 13 ? Gr C vi_ li! Fia e it'.zi ;the Ce�r.rc nsg S/ia ._� y y-.t., 0~ Carteret County. Greenhill Place witalrn C.:ar;.,nonsgate is found by fohowing Hwy 24 east from the Swansboro area over the existing Swansboro/Cedar Point Bridge. Fcllow until you reach the 4-way stoplight within Cape Carteret (EI to the right) and continue on Hwv 24 thru the 4-way light for approximately 5 miles and turn right onto Cannonsgate Drive. Follow Cannonsgate Drive for approximately 1 mile (5,845) and turn left onto Greenhill Place. Follow the road until it terminates. The property is located on the left (a dirt pile is located on the property). The Cannonsgate s/d is a gated community so agencies will need the access code (#2012). The subject property is undeveloped, 31,328 square feet (.72 acres) in its entirety, has 224' of shoreline along Sanders Bay (creek), averagds 6' in elevation above NHW and is within a 575' Estuarine Shoreline AEC because of an ORW classification. Currently the high ground portion of the site is undeveloped with the exception of an existing dirt pile, approxiamately one truck load (7 cubic yards) and is populated with typical vegetation (grass) and one oak tree. Along the property is densely populated with coastal and 404 jurisdictional wetlands and contains Smooth Cordgrass (Spartina alterniflora), Salt Meadow Cordgrass (artina patens) and Juncus roemerianus (Black Needlerush). The Division of Water Quality classifies Sanders Bay (creek) as SA/ORW waters. Sanders Bay (Creek) is closed to the taking of shellfish and is designated as a primary nursery area. Carteret County's Land Use Plan dated 12/22/2010 classifies this area as Limited Transition with Conservation within the AEC. The shoreline is a total of 224'. There are vacant residential lots located north of the project site. 10. Proiect Description: The applicant is proposing to grade and fill the existing lot, construct a retaining wall and build a single family residence with driveway and turnaround. A total of 11,000 ft2 of high ground would be graded, filled or disturbed during the process for the house, driveway, retaining wall and turnaround area. All development is located a distance of 80' to 110' landward of nhw with a finished grade of 5' to 8.5' above normal high water. The impervious surface for the entire tract within the Coastal Shoreline AEC is 18.3% with a maximum of 25% allowed. Per the applicant, the subdivision previously obtained a modified Stormwater Management Permit (SW8 050516) on 6/2/05) which increased lot 437's impervious surface to 6,665 square feet; however no documentation was supplied with the major permit application. A Sedimentation and Erosion Control Plan was not submitted to the Division of Land Resources due to the minimal land disturbance (<1 acre). The applicant is proposing to fill a total of 556.5 square feet of jurisdictional 404 wetlands within two areas (area one is 15.5 sf and area two is 541 sf) for the proposed development Field In estigat_cn Report Keese�' page 3 of 3 of iv lot. Fill artier one iF::;�,:.lC: t7•� ....J Y iv and vt ?"i:l??Amt_:i;• of =.'JS abc :7;J, r'I I --.?-'ea -,A;o v oc'a �. �t mi___ ._._n ca 1" _ - 1,. t i,: be 3' x an -a aE--c ye n=i- , 26i ]tin- _.. 5 ,__•—__ i* ta,r_zng ti�.ali ;° oul Ct- �aCii'. theiz:ye n.i e..:e . ;� i �; '_ .dy �. jl_r'. 1C_,�� a t 1 . + il,� 5� *. y , �. a an, along t,.; il. __ L,e s; Per the applicant. Precaud,:i: s h-: . _; r, taken u _ g gu-. `ance fro:r D-,;x Q and Tui SAC CE. The agencies suggested the applicants seek a variance fi om the Ca_: �ronsgate ARC and request the developer to allocate additional BUA to this lot. The ARC variancc and additional BUA have been granted which minimized wetland impacts. The ARC variance allows the applicants proposed house to utilize a total of 3, 354 square feet of the BUA, with the driveway and turn -around utilizing 2,379 square feet for a total BUA area of 5,733 square feet. 11. Anticipated Impacts: A total of 556.5 square feet of 404 jurisdictional non coastal wetlands would be filled due to the proposed development. Through the guidance of DWQ and USACOE the applicants have minimized this impact by obtaining a variance from the Architectural Review Committee as well as obtaining additional BUA for this lot. The high ground work would fill a total of 11,000 ft2 of the property with the entire fill and land disturbing activity occurring within the 575' AEC. The impervious surface would be 18.3% within the Estuarine Shoreline AEC: and the entire tract with a 25% maximum allowed. No coastal marsh would be filled or excavated during this project. The project as proposed would not increase storm water runoff into the estuarine waters. HEATHER STYRON Morehead City July 2, 2012 Kenneth and Gloria Keene 131 Greenhill Piave Newport, Carteret County, North Carolina Project Narrative Introduction Kenneth and Gloria Keesee are the owners of a residential lot located at 131 Greenhill Place, Newport, Carteret County, North Carolina. The property is also identified as Lot 437, Phase I Cannonsgate at Bogue Sound. Mr. and Mrs. Keesee propose to fill and grade the lot, install a retaining wall, and construct a single-family residence with driveway and turn -around area. The project site is located entirely within the 575' CAMA Coastal Shoreline Area of Environmental Concern (AEC). Authorization from the US Army Corps of Engineers (USACE) is required to fill two areas of non -coastal wetlands, thus triggering the requirement for a major CAMA permit for the work. In addition to extensive wetland areas on the property, other factors have affected development of project plans. These factors include Carteret County zoning setbacks, subdivision architectural guidelines that affect the placement and design of the home, limitations associated with the shape of the highground portion of the lot, location of the existing subdivision road as it connects to the property, and available stormwater built -upon area (BUA). Site Description The Cannonsgate subdivision is located along Highway 24 in Carteret County near the community of Ocean. The Keesee lot (#437) borders Sanders Bay, connecting to Bogue Sound, which is classified as Outstanding Resource Waters (ORW). The pie -shaped lot contains extensive coastal and non -coastal wetlands, which predominate on two sides of the property. The lot measures 31,328 square feet inclusive of wetland areas. There are no structures on the site. In addition to wetland plants, vegetation on the property includes trees and grasses. A mounded area in the center of the highground portion of the lot must be graded to prepare the lot for construction of the house. Average elevation of the tract above Normal High Water is about 6'. Vehicular access to the lot is by Greenhill Place, an existing subdivision road. The highground portion of the lot is narrow, and is located at a 90 degree angle from the road connection. The subdivision is served by a community sewer system, with central water services provided by West Carteret Water Corporation. The area is zoned Flex PUD by Carteret County. Kenneth and Gloria Keesee Major CAMA Permit Application June 7, 2012 Page 1 The ASS Arfny °.orps of Engineers provided a Motif ication of Jurisdictional L�etermiration to the property owners on August 12, 2010. A copy of the approved federal wetland delineation included with this application;. Staff of tt--e NC Division of Coastal Maiwgement croviC ed assis nce with the delineation of coastal v%a!�­ :lands and t;ne locations of Normal Fiig : Water as show- on project plans. Project Description The project involves filling and grading of the lot, installation of a retaining wail, and construction of a single-family residence with driveway and turn -around area. Two areas of non -coastal wetlands totaling 556.50 square feet are proposed to be filled, as shown on project plans. No coastal wetlands are proposed to be filled. Project plans show the areas to be cut and filled to create a level area for construction of the house. As previously noted, the highground portion of the lot contains a mounded area of soil, of which a total of 73 cubic yards will be cut and used for fill elsewhere'on the lot. An additional 473 cubic yards of sandy fill will be brought to the lot to prepare it for construction. The additional fill will be clean and free of debris. The area to be graded will be sloped toward the wetlands to meet existing contours. Finished elevations will range from 5' to 8.5' above normal high water. Wetland areas to be filled are shown on the grading plans as wetland impact areas. The areas are the minimum needed to allow construction of the proposed house and driveway turn -around area. Wetland impact area 1 consists of 15.5 square feet. Impact area 2 measures 541 square feet. A 260' retaining wall, as shown on project plans, will contain the fill and prevent its movement into adjacent wetland areas. The retaining wall will "step"down" consistent with proposed contours to allow for proper drainage. The retaining wall will be constructed of keystone or similar material. The proposed house will utilize 3,354 square feet of BUA. The driveway and turn -around will utilize 2,379 square feet of BUA, for total BUA of 5,733 square feet. Included in the BUA calculation are 1.5' roof overhangs; however, the top of the retaining wall will be no wider than 12" and was not included, per guidance provided by Division of Water Quality staff. Built -upon areas will constitute 18.3% of the lot, within the percentage allowed by CAMA regulations for coastal shorelines adjacent ORW-classified waters and by the existing stormwater permit for the subdivision. The owners have taken several steps to avoid and minimize impacts to wetlands. During a May 2010 meeting to review project plans, staff of the NC Division of Water Quality (DWQ) and US Army Corps of Engineers directed the owners to 1) pursue a variance from the Cannonsgate Architectural Review Committee (ARC) from the front build -to line requirements contained in the subdivision architectural standards and 2) request the developer to allocate additional BUA to this lot. Architectural standards for the subdivision require the front of the house to meet the "build -to" line, located 20' from the front line of the lot. The owners requested and received a variance from the ARC Kenneth and Gloria Keesee Major CAMA Permit Application June 7, 2012 Page 2 to }dace the house :50' trorn the front line of tide lot, thus moving the house out of the we+lands and minimizing wetiand fill. However, as a result of moving the house, the driveway length (and associated BUA) increased. The Keesees then approached the developer of the subdivision and were successful in persuading hir„ to modify the existing stormwater permit to allocate additional BUA to the lot. The minimal impact associated with wetland impact area 1(15.5 square feet) will allows the owners to construct the driveway turn -around so that vehicles can safely exit the property from the garage and driveway. The proposed retaining wall will border the turn -around and provide a barrier to prevent cars from backing into the 3' drop into the wetlands. Placing fill in wetland impact area 2 (541 square feet) is necessary to surround the house with a more level grade, maintain the integrity of the house foundation, and provide for drainage away from the foundation. The fill will also allow safe access to the east side of the house for maintenance and repairs. As previously noted Carteret County zoning setbacks, impervious surfaces limits and other restrictions contained in subdivision covenants, limitations associated with the narrow shape of the lot and existing highground areas, and the location of the adjoining subdivision road (Greenhill Place) as it connects to the lot affect the location and footprint of the proposed residence. Stormwater State stormwater permit SW8 050516 was issued to R.A. North Development, Inc. in June 2005 for development of the Cannonsgate subdivision. The permit originally limited impervious surfaces on the Keesee lot (#437) to no more than 3,080 square feet. At the request of the permit owner, R.A. North Development, Inc., the stormwater permit was modified by the NC Division of Water Quality on September 22, 2011 to provide for reallocation of a portion of the built -upon -area (BUA) set aside for future development to Lot #437. As a result, the permitted BUA allocated to Lot #437 is now 6,665 square feet. Documentation of the increased BUA allocation for the lot was recorded with the Carteret County Register of Deeds on October 10, 2011. The additional BUA was required in large part because a longer and wider driveway than needed by most of the subdivision lots is required for the Keesee property to connect to the house and street. This is due to the shape and location of the buildable portion of the lot and the location of Greenhill Place as it connects to the property. The driveway length was further increased by the agency requirements to move the house closer to Sanders Bay to minimize wetland impacts. The total land disturbance to result from the proposed grading and filling of the lot and construction of the house, driveway, and turn -around will be about 11,000 square feet or below the one -acre threshold for triggering the requirement for an erosion and sedimentation control plan. Kenneth and Gloria Keesee Major CAMA Permit Application June 7, 2012 Page 3 ,.onstruction Me'.)ods The entire project :onsists of upiar..i development. One bulldozer and pot _ntially o;^e tractcr ,,,rich front- end loader and baddhoe w, ;'! be used for grading and. tilling. The. house, driveway, and retaining wall w':.l e constructed using con` iLritionai equipment: and methods. 'are will be taken during, construction to avoid unnecessari r,,"�acts to wetlands. Silt fencing : it be employed to avoid discharge of fill into unauthorized areas. No wetlands will be crossed in transporting equipment to the project site. Summary Kenneth and Gloria Keesee purchased Cannonsgate Lot #437 at full market price at the peak of the real estate boom in 2006. They would like to utilize their investment by constructing their retirement home on the site. Development of the lot has been complicated by a number of factors, many of which are peculiar to this lot. Although it is large compared to most Cannonsgate lots, a significant portion consists of coastal and federal wetlands, resulting in a much smaller area suitable for construction. In addition to extensive wetland areas on the property, other factors have affected development of the property. The most complicating features are the shape of the highground portion of the lot, and the location of the existing subdivision road as it connects to the property, as well as the original stormwater BUA allocation for the lot. Other factors include Carteret County zoning setbacks that must be considered, as well the Cannonsgate architectural standards affecting build -to lines. The owners have consulted with the regulatory agencies throughout the planning process and have complied with their requests to revise the site plan. Following an August 2010 meeting with DWQ and the Corps of Engineers to review the revised plan, the owners proceeded with the current proposal. The revised plan being considered with this CAMA permit application moves the house out of the wetland area. The plan is based on a variance from the Cannonsgate Architectural Review Committee and the amended stormwater permit that now allocates additional BLIA to Lot #437. A total of 556.50 feet of non -coastal wetlands will be filled. The fill is necessary to allow for safe egress from the lot via the driveway turn -around and to surround the house with a more level grade, maintain the integrity of the house foundation, and provide for drainage away from the foundation. The fill will also allow safe and adequate access to the east side of the house for maintenance and repairs. Kenneth and Gloria Keesee Major CAMA Permit Application June 7, 2012 Page 4 Major CAMA Permit Application Kenneth and Gloria Keesee 131 Greenhill Place Newport, Carteret County, North Carolina Proposed by: Kenneth and Gloria Keesee 395 C.R. Lewis Dairy Road Goldsboro, North Carolina 27534 May 31, 2012 iUiN y) 4 JnIZ Prepared by: Coastal Planning Services, Inc. P.O. Box 827 Morehead City, North Carolina 28557 Telephone 252-354-4916 Kenneth and Gloria Keesee 131 Greenhill Plane Newport,- Carteret County, north Carr,11na Major Ce4MA Permit Application Contents Application Documents DCM MP —1 Application DCM MP-2 Excavation and Fill DCM MP — 3 Upland Development Project Narrative Introduction Site Description Project Description Stormwater Construction Methods Summary Project Plans — prepared by John R. Freshwater III PE Sheet 1 of 1 Lot 437, Phase I "Cannonsgate at Bogue Sound" Authorized Agent Letter Property Deed U.S. Army Corps of Engineer Notification of Jurisdictional Determination Copies of Letters to Adjacent Riparian Property owners Dom GAF-1 APPLICHION for Major loynalopment Permit t tt t 7 (lost revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) N/A n/a Applicant 1: First Name MI Last Name Kenneth D. Keesee Applicant 2: First Name MI Last Name Gloria H. Keesee If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 395 C.R. Lewis Dairy Road n/a Goldsboro NC ZIP Country Phone No. FAX No. 27534 USA 919 - 580 - 9898 ext. n/a - - Street Address (if different from above) City State ZIP n/a N/A n/a n/a- Email davidrespracare@bellsouth.net 2. Agent(Contractor Information Business Name Coastal Planning Services, Inc. Agent/ Contractor 1: First Name MI Last Name Kathy B. Vinson Agent/ Contractor 2: First Name MI Last Name n/a n/a n/a Mailing Address PO Box City State 827 Morehead City NC ZIP Phone No. 1 Phone No. 2 28557 252 - 240 - 9297 ext. n/a 252 - 354 - 4916 ext. n/a FAX No. Contractor# 252 247 5875 n/a Street Address (if different from above) City State ZIP na/ N/A n/a n/a - Email kbvinson@ec.rr.com <Form continues on back> -"fir, t d'B.Ca t 3 r corm DCM MP-1 (Page 2 of 6) APPLICATION for Major Development Per, r,it .:nty (can be m"'u is, S#reet �,c'''. -ss State P. # i 1 Carteret 1 131 Gr e:,,hill Place n/a 1 Subdivision Name -- iY "ate Zip I ,annonsgata Phasz ! i =v p. n: :SIC 28b7' - Phone No. I Lot N:,.(s) (ifr nany, attach additional page with list) na- - ext. 43,, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Sanders Bay c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ZNatural ❑Manmade []Unknown Bogue Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. Carteret County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 224 31328 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 31328 square feet, NWL (normal water level) (if many lot sizes, please attach additional page with a list) 6' ®NHW or ❑NWL e. Vegetation on tract grass, trees, and wetland vegetation f. Man-made features and uses now on tract none „ 06 g. Identify and describe the existing land uses adjacent to the proposed project site. ,� #• ., Ckify vacant residential lots h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Flex PUD (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ONA If yes, by whom? n/a I. Is the proposed project located in a National Registered Historic District or does it involve a Yes ®No NA National Register listed or eligible property? <Form continues on next page> m. (I) Are there wetlands on the (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? SYes ❑No (Attach documentation, if available) Form DCN! !MP_1 (Page 3 of /1 A.PPUCATION for Major Development Permit ` n. Describe existing wastewater treatment facilities. ! central se'Ner provided by subdivision Describe existing drinking water supply source. West Carteret Water Corporation p. Describe existing storm water management or treatment systems. low -density stormwater subdivision 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Project will allow for the construction of a single-family residence on the lot. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. One bulldozer and potentially one tractor with front-end loader and backhoe will be used for grading and filling. House, driveway, and retaining wall to be constructed with conventional construction equipment and methods. d. List all development activities you propose. Grading and filling of lot, construction of retaining wall, house, and driveway with turn -around. e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? 11,000 ®Sq.Ft or Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes; ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sheetflow runoff. i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ZNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Form DCM MP-1 (Page 4 of b) APPLICATION for Major Development Permit d. A copy of the deed (with state application only) or oth_., instrument sander ,which the applicant claims title to the of c—led properties. -he appropriate application fee. Check or money :,order made payable 13 DEENR. f. ; . list of the names and complete addresses of the idjacent waterfront ripar,an, lando, =rs and sig..ed return r = aipts as prof that su&,� I owners have received a copy of the application airi plats by certif d mail. Sucn landr..arers must be advised Teat they have 30 days it which to submit comments on the proposed proje .-. to t ,z Division: of Caa�t i ;v1a:�age�r_ t. j Name First Troy SPE LLC Phone No. I Address 341 North Main Street, Troy, NC 27371 Name Suntrust Bank Phone No. Address P.O. Box 27767, Richmond, VA 23261-7767 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major 120-88, issued to Broad Reach Investments, Inc. on 6/29/88, later transferred to R.A. North Development, Inc. Stormwater No. SW8 050516 issued to R.A. North Development, Inc. on 6/2/05. This permit replaced SW8 890308 for the Broad Reach Marina issued to Keith Stark. CARTE 2005-327 issued to R.A. North Development, Inc. on 6/10/05. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land 1 I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _ May 31, 2012 Print Name _Kathy B. Vinson, agent Signature Please indicate application attachments pertaining to your proposed project. HDCM MP-2 Excavation and Fill Information CDCM MP-5 Bridges and Culve:-ts ur .i IrI,%; Mp-'I 111arge 5 of '41 APPLICATION for Major Deuelopmeni Permit . f7DCINJI MP-3 Upland Development ❑DCM NIP-4 Structures Information Form DCM MP-2 EXCAVATION and FILL 'Except for bridges and culvert a) Att :ch this form to Joint Application for 0AMIA Major Permit, Form DCM MP-". Ea sure to complete ail other sect o ,,; of the. Joint App' cation that relate to this proposes! ;project. Pease include all suppieme^t&:, Information. De::! ,rlbe below the purpose of propose J exca iatior, and/or fill activities. All values slaould be given in feet. Access I Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or NWL) stabilization Length n/a n/a n/a n/a n/a n/a —230' Width n/a n/a n/a n/a n/a n/a varies from 0' to —60 Avg. Existing n/a n/a n/a n/a NA NA —6' Depth Final Project n/a n/a n/a n/a NA NA varies from 5' to 8.5' Depth 1. EXCAVATION ® This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW [:]SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. kA .1. ���'S! 66 4�. i1Y �•'z A 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW []SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) if yes, where? f. (i) Does the disposal include any area in the water? ❑Yes []No ❑NA (h) If yes, how much water area is affected? 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill 00the,- c. Average distance waterward of NH'nl or N'J!./L: Tyre of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. b. Length: Width: d. Maximum distance waterNard of NH'Aj cr NWL- f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (ii) if yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES [I This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water none (iii) Dimensions of fill area 230' Iona, varies in width 0' - 60' (iv) Purpose of fill to level and stabilize lot for construction of residence 5. GENERAL suDmergeo aquatic vege[aiwn kOMV), Snan uouuni koo/, Ui other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL Impact Area 1 = 15.5 sf, Impact Area 2 = 541 sf, , for total of 556.50 sf El None (ii) Describe the purpose of the fill in these areas: Impact Area 1 - to provide for a safe turn -around for vehicular egress from property Impact Area 2 - to surround proposed house with a more level grade, maintain the integrity of the house foundation, and provide for drainage away from the foundation. r a. How will excavated or fill material be kept on site and controlled? silt fencing, seeding, and proposed retaining wall b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? bulldozer, potentially tractor with front-end loader and backhoe c. (i) Will navigational aids be required as a result of the project? d. (1) Will wetlands be crossed in transporting equipment to project []Yes ®No ❑NA site? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will .be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize n/a environmental impacts. n/a May 31, 2012 Applicant Name Date A plicant Si ture Project Name Kenneth and Gloria Keesee Form DCIV ,MP-3 ('nnst:ruction an:dior land a+ #ivIt1&s Attach this form to Joint Application `Ir CAIANIA I -,;or Permit, Form SIP-1. Pe sure to complete a;i ) -:;per se=:tions of the Joint Ap;-,lication that reiate to this proposed project. Piesse include all su;.piemental :nformatic GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. One single-family residence with driveway and tum-around area, and 260' retaining wall. c. Density (give the number of residential units and the units per acre). one unit per .72 acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? 171Yes 177No RNA (ii) If yes, list the date submitted: n/a b. Number of lots or parcels. one d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 11,000 square feet f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Roofing material, concrete g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 18.3 % ❑Yes ®No ❑NA L Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 18.3 % j. Describe proposed method of sewage disposal. community sewer system (ii) If yes, list the date submitted: k. Have the facilities described in Item (1) received state or local approval? []Yes ®No ❑NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e.g., surface runoff, sanitary wastewater, industrial/ design? commercial effluent, "wash down" and residential discharges). []Yes ®No ❑NA sheet flow runoff If yes, attach appropriate documentation. - t cLiMM i jup °' + i:. �'y♦ 7' rn. Describe proposed drinking water supply sourca (e.g., well, community, public system, etc.) West Carteret O/ater System o. When was the lot(s) platted and recorded? July 12, 2005 May 31, 2012 Date Project Name Kenneth and Gloria Keesee Applicant Name App icant Signat y n. (i) Will water be impounded'? ❑Yes EINo ❑N6 (ii) If yes, how many acres? niq p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No FINA Scott, Georgette From: Nelson, Christine Sent: Wednesday, January 11, 2012 9:09 AM To: Dunn, Glenn Cc: Clay Slaughter; Melissa Williams; Scott, Georgette Subject: RE: Stormwater Project No. SW8 050516 Glenn, In order to achieve compliance, the BMP measures identified on the approved plans must be installed. Ajoint inspection, as you have suggested, can be scheduled once these measures have been installed and stabilized and a certification has been submitted to DWQ. Christine Cbrist ne, Nelson Environmental Engineer NC DWQ - Stormwater Program Wilmington a.?. r7;unal Office 910 6- l:32.3 . r..... r the North From: Dunn, Glenn[mailto:hgdunn@poynerspruill.com] Sent: Tuesday, January 10, 2012 10:18 AM To: Nelson, Christine Cc: Clay Slaughter; Melissa Williams Subject: RE: Stormwater Project No. SW8 050516 Christine, RA North wants to get the development in compliance. It has been approximately six years since the stormwater plan was implemented and RA North and DENR need to be in agreement as to what must be done to achieve compliance with the Plan as written. Therefore we ask that you and David Cox meet at the site with Carl Huddle of Trader Construction and come to agreement on the measures needed .As you know, we think that the development is in compliance at this time and that it would be up to the Homeowners Association to ensure that the swales that were deferred are installed when the lots on which they are to be located are developed, and we have asked the HOA to accept that responsibility .Unfortunately we have been unable to get their agreement to do so as of this time. Consequently, in order to resolve this matter, RA North is willing to consider implementing those measures itself, but wants to be sure we know what the measures are . Please consider this RA North's response to your Nov. 28, 2011 letter. We are ready to move ahead with this approach and look forward to setting up the meeting at the site. From: Nelson, Christine[mailto:christine.nelson@ncdenr.gov] Sent: January 09, 2012 12:40 PM To: Dunn, Glenn Subject: RE: deed restrictions Glenn, I will need to know how to proceed with the transfer request. The options are to either submit the rest of the response to the request for additional information, request an extension on submitting the information, or request to withdraw the transfer request (for instance if the permit will be modified). Let me know what you and the permittee would like to do. Thanks! Christine Email correspondence to and from this address is s tb;e_ct ro the North Corollna Public Records Caw• and may be disclosed to third parries (inles.s the content is exempt by statute car other regulation. From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Tuesday, January 03, 2012 3:43 PM To: Nelson, Christine Subject: RE: deed restrictions I will ask RA North to do that. From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: January 03, 2012 2:21 PM To: Dunn, Glenn Subject: RE: deed restrictions Have you discussed this with an engineer or designer? There is always an option to not have swales, but it's really up to a design professional to evaluate whether or not it is practical for this site. P .::• ,. f : , .. `,, _ .� a...: '�. �• .:"." .:. ' ; � r Hecards f.avr and may be dl.; third From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Tuesday. January 03, 2012 1:31 PM To: Nelson, Christine Subject: RE: deed restrictions I think , though am not entirely sure that (1) the swales are in residential areas and (2) there are no curbs .I will confirm .Are you saying that in residential areas with no curbing, can the swales be eliminated? From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: January 03, 2012 12:08 PM To: Dunn, Glenn Subject: RE: deed restrictions Glenn, That would depend on the swales and future development along these swales. Another factor to consider is whether or not curbs are used in these areas. If curbs were constructed, then the treatment must meet NCAC 2H.1008(g). Christine Emoil corrPsponderoc;. i7r!(,'' ; . :?i t ?fS li.: ;S 1 S J(i+` :i; .. _..... S i �Y r.Gr i F.'• ' ' sJ.f Pll ii(: Rc.r.�rds LAYW and r,7 : s•ia.sd tc t+ lid pnrtiPs unless the rnr;terit is l,r by st�':ute or other regulcrtirT. From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Tuesday, January 03, 2012 11:15 AM To: Nelson, Christine Subject: RE: deed restrictions Christine, Happy New Year to you also. RA North is considering its options. In that regard, it seems to me that amending the permit to eliminate the swales that have not been constructed yet could be a good answer since ,as David Cox pointed out to me in May on the site, the areas where the plan calls for them are well -grassed and it might do more environmental damage to put in swales. But I would not want to advise submitting an amendment without DWQ's advice that it is approvable . Please let me know. From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: January 03, 2012 9:39 AM To: Dunn, Glenn Subject: RE: deed restrictions Glenn, I hope you had a wonderful holiday and New Year. Have you or anyone else (that you are aware of) submitted something to the Division to address item 2.a of the DWQ November 28, 2011 request for additional information in regards to the transfer of Cannonsgate? I have not seen anything come across my desk. Christine 1.a E_ ❑nd Qom thin' address is subject.to file North : ci':.ii: " i',:i1' Cc7 ' f }L;;[ased 10 th?;d parCtes !(17F:rs tr?F.'. Ct7r?tE'nT s'`� c?XFE"IJ,)t t)y= ytC}itlte GUCGt{'�P_C f!'Jtit[:'Ci,"i•'.. From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Monday, December 05, 2011 1:32 PM To: Nelson, Christine Subject: RE: deed restrictions nk.thanks. From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: December 05, 2011 1:28 PM To: Dunn, Glenn Subject: deed restrictions Glenn, I did receive the amended deed restrictions. They look fine to me. Thanks! Christine DWO .Pvva«::. ,.err: th `' oddre5f +s SuhlEc:t -_; the North Cor'oftela Pubfk..' c7f: o5ed to t!?irdPar e s unless the onferit is a;(Pr 1otby sti7'tute or ot,h r Please considler the environment before printing, 3 *ek*rrw**kf�♦ This electronic i'-i:;._'_unicati::. : �.g attachments) may cclntain attoorney privileged avid contiden iai .. fior? :. jed only f•:, d. .,f. the earned recipvient. if You are not the intended 3 sr:L,; ice vinhElf. ,: E.. a ., m mating distrif utirlG r r Cc1pyYing this coTTtmUniCT' ri'C;_l , ::.�.:'. 7..._..:;atlort in er'roa : r.D'sease inir'�ed!ately notity us by return mt, _ i`f Jione aT �J' i � 4.ti[i 3!1i] C1@!E?tE' tt'.Is communication from your 7ys rri. Tf:arik you - To ensure compliance with requirements imposed by the IRS, unless specifically Indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter, addressed herein. This:rnent$i r ia, ;fain a`tril' ifY privileged and of the r,:, cif _.... I{ ynlr a i e not the ':-i-O, you ar.- I! ':'. 4 Cl ti :: tIi15 Cor if y ii. +".l. 4:....., .. can in retur!' i r 4�r,! :Telei? irll?: tio�E i[ is x To ensure compliance with rGy„ii-ements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing; or recommending to another party any tax related matter addressed here n. 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 t; fis 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. To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was riot' intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter' addressed herein. Tinos electronic: communication (inciudins, attachments) rr ay contain attorney privileged and confidential information intended only for thc? use o,t the named recipient. If you are not the intended recipient, you are prohibited from disseminating, distributing or copyirPg thiw commuln.ication. if yrru have received i:his communication in errcr, please immediately notify us by return message r;; by telephone at 910.733.6400 and delete this communication from your system. Thank you, To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice c;antained in this communication {including any attachments} was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting; marketing or recommending to another party any tax related matter addressed herein, .kr+4**iia-k 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 019.7 3.6400 and delete this rOMn7!ur;ic2ti00 from your system. Thank yoo, To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose ❑f avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein. Nelson, Christine From: Nelson, Christine Sent: Wednesday, January 11, 2012 9:09 AM To: 'Dunn, Glenn' Cc: Clay Slaughter; Melissa Williams; Scott, Georgette Subject: RE: Stormwater Project No. SW8 050516 Glenn, In order to achieve compliance, the BMP measures identified on the approved plans must be installed. A joint inspection, as you have suggested, can be scheduled once these measures have been installed and stabilized and a certification has been submitted to DWQ. Christine Christine Nelson Environmental Engineer NC DWQ - Stormwater Program Wilmington Regional Office 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn[mailto:hgdunn@poynerspruill.com] Sent: Tuesday, January 10, 2012 10:18 AM To: Nelson, Christine Cc: Clay Slaughter; Melissa Williams Subject: RE: Stormwater Project No. SW8 050516 Christine, RA North wants to get the development in compliance. It has been approximately six years since the stormwater plan was implemented and RA North and DENR need to be in agreement as to what must be done to achieve compliance with the Plan as written. Therefore we ask that you and David Cox meet at the site with Carl Huddle of Trader Construction and come to agreement on the measures needed .As you know, we think that the development is in compliance at this time and that it would be up to the Homeowners Association to ensure that the swales that were deferred are installed when the lots on which they are to be located are developed, and we have asked the HOA to accept that responsibility .Unfortunately we have been unable to get their agreement to do so as of this time. Consequently, in order to resolve this matter, RA North is willing to consider implementing those measures itself, but wants to be sure we know what the measures are . Please consider this RA North's response to your Nov. 28, 2011 letter. We are ready to move ahead with this approach and look forward to setting up the meeting at the site. From: Nelson, Christine[mailto:christine.nelson@ncdenr.gov] Sent: January 09, 2012 12:40 PM To: Dunn, Glenn Subject: RE: deed restrictions Glenn, I will need to know how to proceed with the transfer request. The options are to either submit the rest of the response to the request for additional information, request an extension on submitting the information, or request to withdraw the transfer request (for instance if the permit will be modified). Let me know what you and the permittee would like to do. Thanks! Christine Nelson, Christine From: Dunn, Glenn [hgdunn@poynerspruill.com] Sent: Monday, January 09, 2012 4:50 PM To: Nelson, Christine Subject: RE: deed restrictions RA North has asked Carl Huddle of Trader Construction to advise on the cost of installing the swales, including any advice on swales that may be unnecessary and might be remove d from the permit by an amendment. I will call him myself tomorrow and find out what we need to do to move this ahead . As I have said before ,I think a meeting on -site is going to be necessary to sort out what is really needed . I will talk to you in the next day or two. From: Nelson, Christine[mailto:christine.nelson@ncdenr.gov] Sent: January 09, 2012 12:40 PM To: Dunn, Glenn Subject: RE: deed restrictions Glenn, I will need to know how to proceed with the transfer request. The options are to either submit the rest of the response to the request for additional information, request an extension on submitting the information, or request to withdraw the transfer request (for instance if the permit will be modified). Let me know what you and the permittee would like to do. Thanks! Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn [mailto:hgdunn@poynerspruill.cwm] Sent: Tuesday, January 03, 2012 3:43 PM To: Nelson, Christine Subject: RE: deed restrictions I will ask RA North to do that. From: Nelson, Christine[mailto:christine.nelson@ncdenr.gov] Sent: January 03, 2012 2:21 PM To: Dunn, Glenn Subject: RE: deed restrictions Have you discussed this with an engineer or designer? There is always an option to not have swales, but Ws really up to a design professional to evaluate whether or not it is practical for this site. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Tuesday, January 03, 2012 1:31 PM To: Nelson; Christine Subject: RE: deed restrictions Nelson, Christine From: Dunn, Glenn [hgdunn@poynerspruill.com] Sent: Tuesday, January 03, 2012 3:43 PM To: Nelson, Christine Subject: RE: deed restrictions I will ask RA North to do that. From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: January 03, 2012 2:21 PM To: Dunn, Glenn Subject: RE: deed restrictions Have you discussed this with an engineer or designer? There is always an option to not have swales, but it's really up to a design professional to evaluate whether or not it is practical for this site. , Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Tuesday, January 03, 2012 1:31 PM To: Nelson, Christine Subject: RE: deed restrictions I think, though am not entirely sure that'(1) the swales are in residential areas and (2) there are no curbs .I will confirm .Are you saying that in residential areas with no curbing, can the swales be eliminated? From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: January 03, 2012 12:08 PM To: Dunn, Glenn Subject: RE: deed restrictions Glenn, That would depend on the swales and future development along these swales. Another factor to consider is whether or not curbs are used in these areas. If curbs were constructed, then the treatment must meet NCAC 2H.1008(g). Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Tuesday, January 03, 2012 11:15 AM To: Nelson, Christine Subject: RE: deed restrictions Christine , Happy New Year to you also. RA North is considering its options .In that regard , it seems to me that amending the permit to eliminate the swales that have not been constructed yet could be a good answer since ,as David Cox pointed out to me in May on the site, the areas where the plan calls for them are well -grassed and it might°do more environmental damage to put in swales. But I would not Nelson, Christine From: Nelson, Christine Sent: Tuesday, January 03, 2012 12:08 PM To: 'Dunn, Glenn' Subject: RE: deed restrictions Glenn, That would depend on the swales and future development along these swales. Another factor to consider is whether or not curbs are used in these areas. If curbs were constructed, then the treatment must meet NCAC 2H.1008(g). Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glennfmailto:hgdunn(dpoynerspruill.com1 Sent: Tuesday, January 03, 2012 11:15 AM To: Nelson, Christine Subject: RE: deed restrictions Christine, Happy New Year to you also. RA North is considering its options .In that regard, it seems to me that amending the permit to eliminate the swales that have not been constructed yet could be a good answer since ,as David Cox pointed out to me in May on the site, the areas where the plan calls for them are well -grassed and it might do more environmental damage to put in swales. But I would not want to advise submitting an amendment without DWQ's advice that it is approvable . Please let me know. From: Nelson, Christine fmailto:christine.nelson(a�ncdenr.gov1 Sent: January 03, 2012 9:39 AM To: Dunn, Glenn Subject: RE: deed restrictions Glenn, I hope you had a wonderful holiday and New Year. Have you or anyone else (that you are aware of) submitted something to the Division to address item 2.a of the DWQ November 28, 2011 request for additional information in regards to the transfer of Cannonsgate? I have not seen anything come across my desk. Christine Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn [mailto:hgdunn(&poynerspruill coml Sent: Monday, December 05, 2011 1:32 PM To: Nelson, Christine Subject: RE: deed restrictions Ok.thanks. From: Nelson, Christine[malto:christine.nelson(ancdenr govj Sent: December 05, 2011 1:28 PM To: Dunn, Glenn Subject: deed restrictions Glenn, I did receive the amended deed restrictions. They look fine to me. Thanks! Christine Christine Nelson Environmental Engineer NC DWQ-Stormwater Program Wilmington Regional Office 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. Please consider the environment before printing. *********** 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. To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein. 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. To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein. Poyner �)pru � l LLP November 30, 2011 H. Glenn T. Dunn Partner D: 919.783.2842 F: 919.783.1075 gdunn@poynerspruill.com Christine Nelson Environmental Engineer North. Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Stormwater Project No. SW8 050516 Cannonsgate at Bouge Sound Carteret County Dear Ms. Nelson: I have received a copy of your letter to Randy Allen dated October 28, 2011 regarding the above - referenced matter. We will consider the options you mention and respond to you as soon as is feasible. 1 am enclosing a copy of the amended recorded deed restrictions regarding the transfer of BUA to lot 437. Please let me know that this requirement is satisfied. Sincerely, H. Glenn T. Dunn Partner HGD/mxb Enclosure cc: Clay Slaughter RECEIVED DEC 0 2 2011 BY: WWW.POYNERSPRUILL.COM RALEIGH CHARLOTTE / ROCKY MOUNT / SOUTHERN PINES 301 Fayetteville Street, Suite 1900, Raleigh, NC 27601 P.O. Box 1801, Raleigh, NC 27602-1801 P: 919.783.6400 1668999v2.0 NORTH CAROLINA, CARTERET COUNTY This instrument and this certificate are duly filed at the date and time and In the Book and Page shown on the first page herea f 1 LBWMRW. Register of Deeds A4K Depm1r, ReqMw &Deeft FOR REGISTRATION REGISTER O; DEEDS Joy Lawrence Carteret County, NC October 10, 2011 03AH5 PIS COUNTER NOTICE 4 P FEE: $26.00 FILE # 1388053 Transfer of Built -upon Area for Lot #437 at Cannonsgate at Bogue Sound North Carolina State Stormwater Permit SW8 050516 was issued to R.A. North Development, Inc. (Randolph Allen, President) on June 2, 2005 for development of Cannonsgate at Bogue Sound, a residential subdivision located in Carteret County. Each of the 525 lots in the subdivision is limited to the maximum built -upon area assigned to the lot and specified in the permit and recorded deed restrictions. The permit provides that the assigned built -upon area for each lot may not be increased or decreased by either the individual lot owner or the permittee (currently R.A. North Development, Inc.) unless and until the permittee notifies the North Carolina Division of Water Quality and obtains written approval from the Division. On September 22, 2011 the North Carolina Division of Water Quality approved a request by R.A. North Development, Inc. to increase the built -upon area allocated to Cannonsgate Lot #437 from 3,080 square feet to 6,665 square feet. The transfer of additional built -upon area for Lot #437 reduced the future built -upon area available within the ORW portion of the subdivision from 12,757 square feet to 9,172 square feet. The modified permit provides that responsibility for meeting the built -upon area for Lot #437 lies with the lot owner(s). The allotted built -upon area includes any built -upon area constructed within the lot property boundaries, and the portion of the right-of-way between the front lot line and the edge of 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. The modification to Stormwater Permit SW8 050516 approved by the Division of Water Quality on September 22, 2011 authorized no changes to the permit or to the recorded deed restrictions for the subdivision other than the reallocation of built -upon area to Lot #437. The following items are recorded as supporting documentation: 1. The approval letter from the Division of Water Quality, dated September 22, 2011, authorizing the stormwater permit modification increasing built -upon area for Lot #437 to 6,665 square feet. 2. Signed and notarized "Low Density Residential Subdivision with Curb Outlet Swales Deed Restrictions & Protective Covenants for Cannonsgate at Bogue Sound, Phase I, Lot #437 only," signed by Randolph M. Allen on June 20, 2011 and included in the approved stormwater permit modification. Signs e=�f� . agent for Randolph M. Allen, Date: I, G r, r ; a Notary Public in the State of North Carolina, County of do hereby certify that . L A .(—) " ri 5 on. personally appeared before me this the /0 day of ` 1, 2011, and acknowledge the due execution of the foregoing instrument. Witness my hand (and /moofficial seal, IF rciDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverlv Eaves Perdue Coleen H. Sullins Governor Director September 22, 2011 Mr. Randy Allen, President R.A. North Development, Inc. 7009 Whitemarsh Ct. Charlotte, NC 28201 Subject: Stormwater Management Permit No. SW8 060516 Cannonsgate at Bogue Sound Low Density Subdivision with a Curb Outlet Swale Svstem Carteret County Dear Mr. Allen: Dee Freeman Secretary The Wilmington Regional Office received a complete modified Stormwater Management Permit Application for Cannonsgate at Bogue Sound on July 13, 2011. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding a modified Permit No. SW8 050516, dated September 22, 2011, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. This modification is to increase the built -upon area allocated to lot 437 from 3,080 square feet to 6,665 square feet and thus reducing the future built -upon area available within the ORW portion of this project from 12,757 square feet to 9,172 square feet. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a petition with the Office of Administrative Hearings (OAH). The petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The OAH accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §1506-23.2) is received in the OAH within seven (7) business days following the faxed or electronic transmission. Unless such demands are made this permit shall be final and binding. You should contact the OAH with all questions regarding the filing fee and/or the details of the filing process. The mailing address, telephone and fax numbers for the Office of Administrative Hearings are: 6714 Mail Service Center, Raleigh, NC 27699-6714. Telephone 919-733-2698. FAX 919-733-3378. If you have any questions, or need additional information concerning this matter, please contact Christine Nelson at (910) 796-7215. Sincerely, Q For Cole7n Sullins, Director Division of Water Quality BOOK PAGE GDS/can: S:1WQS1Stormwater\Permits & Projects120051050516 LD12011 09 permit 050516 cc: Kathy Vinson, Coastal Planning Services, Inc Town of Cape Carteret Inspections Wilmington Regional Office Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX: 910-350-20041 Customer Service:1-877-623-6748 NortliCarohna Internet: wvrw.ncwaterquality.org �atllra�ll,' An Finial rinmrhmRrm iN % Aa}nin Arfinn Fmnlmoer 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 ivianagement 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 Cannonsgate 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 stormwater may 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 (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, 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 bufferbetween all impervious areas and surface waters. 11. All roof drains shall terminate at least 30* foot from the mean high watermark 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 located h-, Me 20 coastal counties: Form DRPC-6 Ret2 05Nov2009 Page 1 of 2 BOOKL%w PAGE Low Density Residential Subdivisions with Curb Outlet Swales Deed Restrictions & Protective Covenances Signature:--- .�� State of 0��( do hereby certify that Cannonsgate at Bogue Sound ® Phase I, Lot #437 only 4�, 6 /2O /ao! ! U-"`0— IQ---- , a Notary Public in the � l Ij &o , County of Itj' 1O 0 , ly appeared before me this the Z O day of �I `t.*, , 20A , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL Signatur My Commission expires G C—?"D =oft w n,mer NOTARY PUBLIC Union county, NC My CommWW BOW � 2O, 21T8 Form DRPC-6 Rev2 05Nov2009 Page 2 of 2 A NORTH CAROLIt ik CARTERET COUNTY This Instrument and this oert#ficate are duly filed at the dame and time end In th i s ei�i Page shown on the first pap hem r - FILE # 2�33 FOR REGISTR3TION REGISTER of DEEDS oY Lararsce c--Wet t;! tY t,: Octaer 10, M1 03:41:15 Pro COUNTER OTICE 4 P FEE- S26.0: . FILE 4 MK53 Transfer of Built -upon Area for Lot #437 at Cannonsgate at Bogue Sound North Carolina State 5tormwater Permit SW8 050516 was issued to R.A. North Development, Inc. (Randolph Allen, President) on June 2, 2005 for development of Cannonsgate at B3ogue Sound, a residential subdivision located in Carteret County. Each of the 525 lots in the subdivision is limited to the maximum built -upon area assigned to the lot and specified in the permit and recorded teed restrictions. The permit provides that the assigned built -upon area for each lot may not be increased or decreased by either the individual lot owner or the permittee (currently R.A. North Development, Inc.) unless and until the perrnittee notifies the North Carolina Division of Water Quality and obtains written approval from the Division. On September 22, 2011. the North Carolina Division of Water Quality approved a request by R.A. North Development, Inc. to Increase the built -upon area allocated to Cannonsgate Lot #437 from 3,080 square feet to 6,665 square feet. The transfer of additional built -upon area for Lot #437 reduced the future built -upon area available within the ORW portion of the subdivision from 12,757 square feet to 9,172 square feet. The modified permit provides that responsibility for meeting the built -upon area for Lot #437 lies with the lot owner(s). The allotted built -upon area includes any built -upon area constructed within the lot property boundaries, and the portion of the right-of-way between the front lot line and the edge of pavement. Built -upon area Includes, but is not limited to, structures, asphalt, concreta, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. The modification to Stormwater Permit SW8 050516 approved by the Division of Water Quality on September 22, 2011 authorized no changes to the permit or to the recorded deed restrictions for the subdivision other than the reallocation of built -upon area to Lot #437. The following items are recorded as supporting documentation: 1. The approval letter from the Division of Water Quality, dated September 22, 2011, authorizing the stormwater permit modification Increasing bunt -upon area for Lot #437 to 6,665 square feet. 2. Signed and notarized "Low Density Residential Subdivision with Curb Outlet Swales Deed Restrictions & Protective Covenants for Cannonsgate at 8ogue Sound, Phase 1, Lot #437 only," signed by Randolph M. Allen on June 20, 2011 and included in the approved stormwater permit modification. Slgna e4" ✓� . agent for Randolph M. Allen, Date: _1-0 /0 r-, e t' a Notary Public in the State of North Carolina, County of do hereby certify that 1 U , 0" , personally appeared before me this the JO.- day of c�X'. L. .. 2011, and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL 1�11pure My Commission expires BOOK. t,�..�,,,�„� ,��, 417 w 'A KWA MCER North Carolina Department of Environment and Natural Resources Division of Water Quality Beveriy Eaves Perdue Coleen H. Sullins Governor Director September 22, 2011 Mr. Randy Allen, President R.A. North Development, Inc. 7009 Whitemarsh Ct. Charlotte, NC 28201 Subject: Stormwater Management Permit No. SW8 060516 Cannonsgat3e at Bogue Sound Low Density Subdivision with a Curb Outlet Swale System Carteret County Dear Mr. Allen: Dee Freeman Secretary The Wilmington Regional Office received a complete modified Stormwater Management Permit Application for Cannonsgate at Bogue Sound on July 13, 2011. Staff review of the plans and specifications has determined that the pro act, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2.1000, We are forwarding a modified Permit No. SW8 050516, dated September 22, 2011, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. This modification is to increase the built -upon area allocated to lot 437 from 3,08D square feet to 6,665 square feet and thus reducing the future built -upon area available within the ORW portion of this project from 12,757 square feet to 9,172 square feet. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a petition with the Office of Administrative Hearings (C IAH). The petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. A petition is considered filed when it Is received In the Office of Administrative Hearings during normal office hours. The OAH accepts flings Monday through Friday between the hours of 800 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §1508-23.2) is received in the OAH within seven (7) business days following the faxed or electronic transmission. Unless such demands are made this permit shall be final and binding. You should contact the OAH with all questions regarding the filing fee and/or the details of the filing process. The mailing address, telephone and fax numbers for the Office of Administrative Hearings are: 6714 Mail Service Center, Raleigh, NC 27699-6714. Telephone 919-733-2698. FAX 919-733-3378. If you have any questions, or need additional information concerning this matter, please contact Christine Nelson at (910) 796-7215. Sincerely, For Division eo�f Water Quality n Sullins, Director , ���� k �� y �GE -6 GDS/can: SAWQS1Stormwater\Permits & ProjectsVO05\0505161Dt2011 09 permit 050516 cc: Kathy Vinson; Coastai Planniq Services, Inc Town of Cape Carteret Inspections Wilmington Regional office 1',• ar`��ta �Owe 127 Carvia- D we Extension, ftrrNton, ** Car m 284o5 ne Fior : 9'.04W721515AX: 9101W-M 1 Custnw Service:1-$P7-623-U48 Wyc hsCfc%i'�ro a i".einEt'16"JVSY.?ICV�8t8�#L31.�. L�f'i{'i'Rf •F'l�� 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. 1, Randy Allen acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for Cannonsgate at Bogue Sound Phase 1. ,Lot # 437 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SWO 050510, as issued by the Division of Water Qualify under the Stormwater Management Regulations. 2. The State of North Carolina is made a benefclary 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 storm water may 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 butt -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: Bufft upon area includes, but is not limited to, structures, asphalt; concrete, gravel, brkk stone, slate, and coquina, but does not include raised, open wood deckling, 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 burst -upon area for that lot than is shown herein, the governing maximum bulii-upon area forthat lot shall be the most restrictive of the two. 8. This project proposes a curb outlet system. Each designated curb outlet swele shown on the approved plan must be maintained at minimum of 10©'long with 5.1 (H.V) side slopes or flatter, have a longitudinal slope no steeper than 5%, cany 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, swales, etc.) associated with the development except for average driveway crossings, is strictfy 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* toot from the mean high watermark of surface waters. 12. Filling in, piping oralterfng any designated 5:1 curb outlet swele associated with the development is prohibited by any persons. *50 foot for projects located in the 20 coastal counties. Form DRPC-6 Rev2 05Nov2009 Page 1 of BOOK, V3w PAGE 5 Low DensU ffesidential Subdivisions with Curb Outlet Swales Deed Restrictions & Protective Covenances Cannonsgate at Boggue Sound Phase 1, Lot #437 only Signature. `-" %,,�-�.,., _©ate. b f 20 12 91 / a Notary Public In the state of 0C asqll�o- , County of do hereby certify that personally appeared before me this the 20 day of �st,� , 20,L_, and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL Signatu My Commission expires__. M®iro%Amer HOIW VWX alrim, NC caw"M 3 Form DRPC-G Rcv2 g3Ntuv2©Q9 Page 2 of 2 f � "` AG E~s3 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director November 28, 2011 Mr. Randolph Allen, President R.A. North Development, Inc. 7009 Whitemarsh Ct. Charlotte, NC 28210 Subject: Request for Additional Information Stormwater Project No. SW8 050516 Cannonsgate at Bogue Sound Carteret County Dear Mr. Allen: Dee Freeman Secretary On September 23, 2011 the Wilmington Regional Office requested additional information in order to process your request to transfer the ownership of the Cannonsgate at Bouge Sound State Stormwater ManagementPermit to the Home Owner's Association (HOA). A preliminary review of the documents provided thus far has found that the permit cannot be transferred until the following items have been completed: n letter dated July 22, 2011 from your attorney, Mr. Glenn Dunn, requested that the permit be transferred pursuant to Session Law 2011-256. As you are aware, in order to transfer the permit under this Act the project must meet the three conditions outlined below: i. The common areas related to the operation and maintenance of the stormwater system must be conveyed to the HOA. ii. At least 50% of the lots have been conveyed to owners other than the permittee. iii. The stormwater management system must be found to be substantially compliant with the stormwater permit. Based on the information you have provided thus far, conditions 1.i and 1.ii have been met. However, condition i.11l must still be resolved. For the stormwater system to be substantially compliant with the stormwater permit, the following permit conditions must be satisfied: a. Section 11.1 of the permit originally issued on June 2, 2005 (and Section 11.3.of the permit modification dated September 22, 2011): "Curb outlet swa/es, 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." Please be aware that it has been determined by the Attorney General that in order to transfer the permit pursuant to Session Law 2011-256, an inspection must be conducted after the effective date of the Session Law and that the project must be found in substantial compliance at that time. An inspection conducted prior to the effective date of the Session Law found the site to bG stable and not creating an environmental concern; however, it was noted that not all of the approved swales have been installed prior to the construction of the built -upon surfaces. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910 796-72151 FAX: 910-350-20041 Customer Service:1-877-623-6748 NorthCarolina Internet hitp:/lportaLncdenr.org ��������� An Equal Opportunity 1 Affirmative Action Employer Randy Allen November 28, 2011 Stormwater Application No. SW8 050516 b. Section 11.7 of the permit originally issued on June 2, 2005 (and Section 11.8 of the permit modification dated September 22, 2011): "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 off the project." c. Section 11.14 of the permit originally issued on June 2, 2005 (and of the permit modification dated September 22, 2011): "The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. " 2. In order to transfer this permit, the permit conditions outlined above must be met. Several options to resolve item I.iii and satisfy the permit conditions have been discussed with Mr. Glen Dunn and are outlined below: a. Permit Conditions Sections 11.1 and 7 (Select one of the options below or provide other alternatives in your response to DWQ): Option 1: The permittee constructs the Stormwater System according to the current DWQ approved plan and certifies the system upon completion of the system construction. Option 2: The permittee modifies the permit, plans, and specifications such that the swales are no longer required. The permittee will also be required to provide a certification of the stormwater system. Option 3: The permittee acquires a written and signed document from the HOA stating that they will accept the permit with a partial certification from the permittee. This certification must note the deviations from the approved plans and specifications and will verify that the system constructed thus far is in compliance with the approved plans, has been maintained, and has stable/permanent vegetation. The signed document from the HOA must provide details on how the HOA, through the Architectural Review Committee (ARC) or other committee, will maintain the current system and manage the installation of the new BUA and swales on the individual lots as new development occurs. This procedure should be similar to how the construction of new homes is handled by the current permittee. These documents must be provided to the Division. b. Permit condition Section 11.14: The amended recorded deed restrictions must be submitted as required by the permit modification dated September 22, 2011, which approved an increase in the built -upon area allocation for lot 437. 3. Once items 2a and 2b (above) are completed, then a new DWQ inspection must be requested. When the site is found compliant and a complete application has been submitted, DWQ will process the complete application and transfer the permit to the HOA. Please ensure to complete Section III of the HOA Name/Ownership Change Form and provide official documentation from the HOA showing the proposed permittee holds a position that is at least the level of vice president. This may be accomplished through official documentation from the HOA, such as meeting minutes. Please be aware that (per Section 111.5 of the permit originally issued on June 2, 2005 and Section 111.6 of the permit modification dated September 22, 2011) until the permit is transferred, the permittee is responsible for compliance with al the terms and conditions of this permit. Page 2 of 3 Randy Allen November 28, 2011 Stormwater Application No. SW8 050516 This request for additional information is in response to a preliminary review. The requested information should be received in this Office prior to December 29, 2011, or the application will be returned as incomplete. If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which'you expect to submit the required information. T he Division is allowed 90 days from the receipt of a completed application to issue the permit. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at christine:nelson@ncdenr.gov. Sincerely, CL-til-A4 Christine Nelson Environmental Engineer GDS/can: S:1WQS1Stormwater\Permits & Projects120051050516 LD12011 11 addinfo 050516 cc: Glenn Dunn, Poyner Spruill Wilmington Regional Office (WIRO) Stormwater File Georgette Scott. Stormwater Supervisor WIRO Page 3 of 3 Nelson, Christine From: Nelson, Christine Sent: Tuesday, October 18, 2011 8:43 AM To: 'Dunn, Glenn' Subject: RE: Permittee's Certification. docx That looks fine to me. Thanks. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn[mailto:hadunn(&poynerspruill.com1 Sent: Monday, October 17, 2011 3:48 PM To: Nelson, Christine Subject: FW: Permittee's Certification.docx Christine, here is what I have written to ask Randy Allen to sign .Please let me know if it is ok with you. From: Bryant, Melinda Sent: October 17, 2011 3:44 PM To: Dunn, Glenn Subject: Permittee's Certification.docx Please consider the environment before printing. *********** 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. To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein. PERMITTEE' S CERTIFICATION I, Randy Allen and R.A. North Development, Inc., are the current permittees under Stormwater Management Permit Number SW 8050516 (the "Permit") for the Cannonsgate at Bogue Sound project (the "Project"). However, the common areas of the Project were transferred by deed recorded September 16, 2008 to the Cannonsgate at Bogue Sound Homeowners Association, which has been maintaining compliance with the Permit since that time. I hereby certify that to the best of my knowledge, the Project is substantially in compliance with the Permit. The grading of individual lots to construct the grassed swales shown on the stormwater plan has not yet occurred and was deferred with the Division of Water Quality's approval until the individual lot(s) on which the swales are to be located are graded and built upon. Runoff is currently being treated by overland flow the grassed areas. Signature Date Randolph M. Allen, President R.A. North Development, Inc. 1564840v2.0 Nelson, Christine From: Nelson, Christine Sent: Monday, October 17, 2011 10:54 AM To: 'Dunn, Glenn' Subject: HD certification Attachments: Desioner Certification. doc I've attached an example of certification we look for from high density projects. You may be able to come up with some language to use for this low density permittee's certification. Maybe include something like this: Although grading on the lots has not yet occurred to construct the grasses swales, runoff is currently being treated by overland flow through grassed areas. Hopefully this helps! Christine Nelson Environmental Engineer NC DWQ - Stormwater Program Wilmington Regional Office 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. Nelson, Christine From: Nelson, Christine Sent: Monday, October 03, 2011 3:43 PM To: 'Dunn, Glenn' Subject: RE: stormwater permit transfer -R.A. North Development, Inc. That looks good to me Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Monday, October 03, 2011 2:39 PM To: Nelson, Christine Subject: FW: stormwater permit transfer -R.A. North Development, Inc. Is this satisfactory ? From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Friday, September 30, 2011 3:34 PM To: Nelson, Christine Subject: RE: stormwater permit transfer -R.A. North Development, Inc. I have communicated with Riley Horne by voice mail. Will the following signed statement from the HOA suffice: I am ( president or vice-president) of the Cannonsgate on Bogue Sound Homeowners Association .On behalf of the Association I am authorized to accept transfer of Stormwater Permit Number SW 8050516 and understand that upon such transfer the Association will be responsible for maintenance of stormwater measures and compliance with the Permit, including ensuring the BMPs (swales ) required by the Permit are constructed as the lots on which they are required are developed . ( signature ) From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: September 27, 2011 2:30 PM To: Dunn, Glenn Subject: RE: stormwater permit transfer -R.A. North Development, Inc. I will be the one conducting the inspection. I have asked David to come along since he has historical knowledge about this site. I am not sure what time we will be there as I understand David has a few other sites he needs to look at on the way. I will be out of the office tomorrow, but I may have a better idea on Thursday if I can catch up with David. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn [mailto:hgdunn@ poynerspruill.com] Sent: Tuesday, September 27, 2011 9:42 AM To: Nelson, Christine Subject: RE: stormwater permit transfer -R.A. North Development, Inc. Nelson, Christine From: Nelson, Christine Sent: Monday, October 03, 2011 8:45 AM To: 'Dunn, Glenn' Cc: Cox, David Subject: RE: stormwater permit transfer -R.A. North Development, Inc. Mr. Dunn, i believe David was also looking for a statement saying that the HOA is responsible for ensuring the BMPs (swales) are also constructed as lots are developed. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Friday, September 30, 2011 3:34 PM To: Nelson, Christine Subject: RE: stormwater permit transfer -R.A. North Development, Inc. I have communicated with Riley Horne by voice mail. Will the following signed statement from the HOA suffice : I am ( president or vice-president) of the Cannonsgate on Bogue Sound Homeowners Association .On behalf of the Association I am authorized to accept transfer of stormwater permit ( number) and understand that upon such transfer the Association will be responsible for maintenance of stormwater measures and all aspects of compliance with the stormwater permit. ( signature ) From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Sent: September 27, 2011 2:30 PM To: Dunn, Glenn Subject: RE: stormwater permit transfer -R.A. North Development, Inc. I will be the one conducting the inspection. I have asked David to come along since he has historical knowledge about this site. I am not sure what time we will be there as I understand David has a few other sites he needs to look at on the way. I will be out of the office tomorrow, but I may have a better idea on Thursday if I can catch up with David. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Tuesday, September 27, 2011 9:42 AM To: Nelson, Christine Subject: RE: stormwater permit transfer -R.A. North Development, Inc. Thanks. I will get the info verifying the contact for the HOA. Who will do the inspection ? i want to talk to that person to see if we can arrange a time that I can be there .Will it be David Cox ? From: Nelson, Christine[mailto:christine.nelson@ncdenr.gov] Sent: September 27, 2011 8:29 AM SWUM Wk. ca!"basgo t Phase Lot # Customer Name Sale Date 02 001 Sander, Richard & Petra 8/14/2006 02 002 Stalder, Todd -4/18/2006 02 003 Total Realty Management 4/12/2006 02 004 Turner, Ashley 1/10/2006 02 005 Turner, Ashley 1/10/2006 02 006 Lee, William Pregory 1/5/2006 02 007 Turner, Ashley 1/10/2006 02 008 DeGeorge, J. Brian and Pamela A. 12/1/2005 02 009 Melton, Ashley 12/30/2005 02 010 Raymond, Mat C. 111 1/10/2006 02 Oil Mayer, Jason 1/5/2006 02 012 Milsted, Carl & Mary Ann 12/30/2005 02 013 Flying Fish Properties Inc. 12/16/2005 02 014 Marco, James and Ann 6/20/2006 02 015 Wainwright, George 1/11/2006 02 016 Bishop, Shelly 12/16/2005 02 017 Moore, Charles T. Jr. 12/15/2005 02 Ois Shipp, Brian 16/2005 02 019 Shipp, Brian 12/16/2005. 02 020 Shipp, Karen 12j16/2005 02 Ozi Shipp, Harold wiwaos 02 022 Turner, Ashley 1/10/2006 02 023 Turner, Ashley 1/10/2006 02 024 Turner, Ashley 1/10/2006 02 025 Turner, Ashley 2/10/2006 02 026 Turner, Ashley 1/1012006 02 027 Bluewater Associates 1/9/2006 02 028 Bluewater Associates 1/9/2006 02 029 Bluewater Associates .1/9/2006 02 030 Jarman, Christopher and Houston, B. Eric 12/16/2005 02 031 Denmead, Charles and Linda 12/16/2005 02 032 Christian, Nancy 4/21/2006 02 033 Hallenbur& John 5/19/2006 02 034 Laster, Derick and Donna 1/12/2006 02 035 Roochvar& Linda 12/29/2005 02 036. Brunvoll, Steven 4/21/2006 02 037 Batdorl, Richard E- !Q/-31/2006 02 038 Bryan, Kaye 12/1612005 02 039 ATP, LLC 12/16/200S 02 040 JBTPO LLC 22/16/2005 02 041 Schott, Matthew 12/16/2005 02 042 Severance, Melissa 1/5/2006 02 043 Summers, Kevin & Kelly 1/13/2006 02 044 Benson, Leamon D. Jr 12/15/2005 02 045 Summers, Allen 12/16/2005 02 046 Hunter, David and Shelia 4/26/2006 02 047 Spadaro, Terry R. 8/18/2006 02 048 Morton, Danny 12/16/2005 02 049 Guzzo, Tony 2/13/2006 02 050 Laspada, Tim 12/16/2005 02 051 Williams, Rhoderick and Elizabeth 12/15/2005 02 052 Garner, Sharon and Lilly, Beth 12/15/2005 02 053 Spinnaker's Reach Realty Inc. 12/16/2005 02 054 Delzer Construction Inc 1/23/2006 02 055 Delzer Construction 1/23/2006 02 056 George A. Guthrie Construction Co. Inc. 1/12/2006 02 057 George A. Guthrie Construction Co. Inc. 1/12/2006 02 058 George A. Guthrie Construction Co. Inc. 1/12/2006 02 059 Bluewater Associates 1/9/2006 02 060 Bluewater Associates 1/9/2006 02 061 Bluewater Associates 1/9/2006 02 062 Crystal Coast Builders 4/11/2006 02 063 Crystal Coast Builders 4/11/2006 02 064 Crystal Coast Builders 4/11/2006 02 065 Brynn Marr Homes Inc. 1/17/2006 02 066 Brynn Marr Homes 1/17/2006 02 067 Bryn.n Marr Homes Inc. 1/17/2006 02 068 Williams, Scott and Steven 12/1/2005 02 069 Adams, Karen and Smith, Kimberly 12/16/2005 02 070 Iskander, Sherif and Nevine 11/30/2005 02 071 Highley, Jenny 4/27/2006 02 072 Humphrey, Linwood and Jackie 12116/2005 02 073 Gurganus, Jody / Gurganus, Selina 12/16/2005 02 074 Schott, Michael 1/3/2006 02 076 Ly, Luan Minh / Tram, Nguyet Thi Thu 1/17/2006 02 077 Tilyard, John and Falandys, Kathleen 12/16/2005 02 078 Turner, Ashley 1/10/2006 02 079 Hall, Roger W. Jr. and Dildv, Darron 12/15/2005 02 080 Jarman, Christopher and Houston, B. Eric 12/16/2005 02 081 Highley, Robert / Blue Lion Properties 4/27/2006 02 082 Baysden, Bill Timothy / Baysden, Bill 12/15/2005 02 093 Folks, Vaughn 1/6/2006 02 02 02 02 02 02 02 02 02 02 02 02 02 02 02 02 02 02 02 n7. 02 02 02 02 02. 02 02 02 02 02 02 02 02 02 02 02 02. 02 02 02 02 02 084 Nichoaides, John -Paul and Mark Cassidy 1/13/2006 085 Nichoaides, John=Paul 1/13/2006 086 Infinity Partners, LLC 6/20/2006 087 Infinity Partners LLC 12/16/2005 088 Infinity Partners. LLC 3/17/2006 089 Lee, William G.' 1/5/2006 090 Kincaid, William and Beiynda 4/28/2005 091 Thomas, Jeffrey & Sylvia 12/29/2005 092 Thomas, Jeffrey & Sylvia 12/29/2005 093 Walker, Charles & Cheryl 12/16/2005 094 Walker, Charles R. III and Greystone 12/15/2005 095 Metcalf, Wayne and Laura / Self -Trail, Jean 4/26/2006 096 Baker, Anne K. 1/5/2006 097 Maim, Gary 12/3012005 098 Maim., Gary 12/30/2005 099 Baker, Leslie. 1/18/2006 100 Perry, Matthew and Devon 12/16/2005 101 Jarman, Christopher and Houston, B. Eric 12/16/2005 102 Truon& Alex and Caroline: 12/19/2005 7 w% Turnpr, Achim 9 ftn/mnt; 104 Ashton, Bryan and Pamela 12/16/2005 105 Iskander, Sherif and Nevine 11/30/2005 106 Bruce, Victor W. 1/11/2006 107 Total Realty Management 8/11/2006 108 Harris, Tamala 4/29/2006 109 Williams, Scott and Whited, Steven 12/16/2005 110 Truona. Alex CL and Caroline R. 12/16/2005 111 GA Jones Investments LLC 12/16/2005 112 Kincaid, William and Belynda 7/27/2006 113 Hessels, Maxim 12/30/2005 114 PriolarSteve D. and Melissa 1/.5/2006 115 Main, Elaine and Ramsey, Llew 1/11/2006 116 Anderson, Gerald R. 12/16/2005 117 Brantley, Kevin and Leigh 12/16/2005 118 Sholar, Jamie 2/13/2006 119 Garrison,. James and Patricia 12/5/2005 120 Woody, Richard and Michele 12/16/2005 121 Holder, Michael and Linda Sue 12/19/2005 122 Brown, Jarrett 12/15/2005 128 Brunvoll, Steven and Laurie 4/21/2006 124 Wilder, Raymond L. and Hilda S. 12/15/2005 125 Romarli, LLC 1/30/2006 i 02 126 Ansell, Danny and Kerry 4/28/2006, 02 127 Mosseri, Shelyn Hawkins 1/5/2006 02 128 Mosseri, Shelyn Hawkins 1/5/2006 02 129 Eckard, Joseph and Kimberly 12/16/2005 02 130 Campbell, Christopher 12/21/2005 02 131 Guthrie, George F. 1/12/2006 02 132 Emerald Sands Inc. 12/16/2005 02 133 Campbell, W. Randy 12/16/2005 02 134 Tewksbury, Eric R. 2/17/2006 02 135 Total Realty Management 4/2412006 02 136 Castle, Kirk 1/13/2006 02 137 Castle, Keith 1/13/2006 02 138 Mitchell, Jay 12/16/2005 02 139 Poole, Dave 12/15/2005 02 140 George F. Guthrie Const. Co. Inc. 1/12/2006 02 141 Melton, Marilyn 1/3/2006 02 142 Brown low, Roy & Joy 12/16/2005 02 143 Thome, James and Anne 1/5/2006 02 144 Total Realty Management 5/1/2006 02 145 George F. Guthrie construction Co. Inc. 1/12/2006 02 146 Cothran, James M. and Anna 12/15/2005 02 147 Mason, Jeremy 1/3/2006 02 148 Grassinger, Tom 1/6/2006 02 149 George F. Guthrie Const, Co. Inc. 1/12/2006 02 150 Odum, G. David 12/16/2005 02 151 Odum, G. David 12/16/2005 02 152 Rogers, Melissa 1/3/2006 02 153 Kilpatrick & Reavis Builders 1/10/2006 02 154 Cothran, James and Cirila 12/15/2005 02 155 Fuentes, Ray and Narron, Delbridge 12/28/2005 02 156 George F. Guthrie Const. Co. Inc. 1/12/2006 02 157 Stewardson, Jason / Jadan, LLC 4/18/2006 02 158 Total Realty Management 4/7/2006 02 159 Total Realty Management 3/31/2006 02 160 Trawick, David 12/15/2005 02 161 Baldwin, Ernie and or assigns 12/23/2005 02 162 Woronchuk, June 12/16/2005 02 163 Campbell, W. Randy 12/16/2005 02 164 Guilford,. Christopher R. and Rebecca 12/15/2005 02 165 SF2 1/9/2006 02 166 MacDowell, Arthur and Karen 4/27/2006 02 167 Malmgren, Harold B. & Linda V. 2/3/2006 02 '168 Holland, Tanner & Cathy 12/15/2005 02 169 Romarli, LLC 1/30/2006 02 170 Total Realty Management 5/1/2006 02 171 Cunningham, Terry S. 12/15/2005 02 172 Yager, Steve 2/17/2006 02 173 Leonard, Dan and Huckabee; Robert 12/15/2005 02 174 Total Realty Management 5/1/2006 02 175 Total Realty Management 3/31/2006 02 176 Total Realty Management 6/16/2006 02 177 Ragan, Sandra 12/21/2005 02 178 McGee, Mark E. Jr. 1/31/2006 02. 179 Graham, James H. 2/28/2006 02 180 Russo, Paul 12/1512005 02 181 Cronin, James.J. and Tamera 1/18/2006 02 182 McMahan, David 12/16/2005 02 183 Lockamy, Victor T. 12/15/2005 02 184 Leonard, Dan and Huckabee, Robert E. 12/15/2005 02 185 Ashley Turner Building Company Inc. 1/10/2006 02 186 Wersel, Yivianne C. 12/15/2005 02 187 Hux, Michae! B. and Martha R. 12/15/2005 02 188 Pittenger, Bobby 1/17/2006 02 189 Tyburski, Stott T. 1/20/2006 02 190 Detwiller, Marilyn and or assigns 12/15/2005 02 191 Ashley Turner Building Company Inc. 1/10/2006 02 192 Ashley Turner Building Company Inc. 1/10/2006 02 193 SF2 1/9/2006 02 194 Infinity Partners LLC 12}1S/2005 02 195 George F. Guthrie Const. Co. Inc_ 1/12/2006 02 196 Total Realty Management 5/30/2006 02 197 Trainum, Matthew, Douglas & Patricia 4/27/2006 02 198 Blackketter, John & Maudlin, Matthew 1/12/2006 02 199 Ross, Tracie T. 2/3/2006 02 200 George F. Guthrie Const. Co. Inc 1/12/2006 02 201 Three's a Charm, Inc. 1/6/2006 02 202 Dryden, Todd and Kim 12/15/2005 02 203 SF2 1/9/2006 02 204 GA Jones Investments LLC 12/16/2005 02 205 Randall, Jesse T. and Patricia 12/15/2005 02 206 McIntosh, Brad & Gregory K. 12/20/2005 02 207 Wilson, Jack. 3/17/2006 0.2 209 Polega, Michael and Cummiskey, Torn 12/19/2005 02 209 Gamble, Kelly 12/23/2005 02 210 Barnum, Darryl F. and Karen G. 1/16/2006 02 211 Total Realty Management 4/7/2006 02 212 Gaar, John E. 12/15/2005 02 213 Desmone, John and Barbara 12/15/20.05 02 214 Gardner, George 12/15/2005 02 215 Bluewater Associates of Emerald Isle 1/9/2006 02 216 Infinity Partners 11/30/2005 02 217 Lebrac,Jim and Mary 12/12/2005 02 218 Williams, Jeffrey B. and Cynthia A. 12/15/2005 02 219 Gordon, Shane and Jennifer 12/15/2005 01 220 Patel, Jay 11/10/2005 01 221 McIntosh, Brad 10/25/2005 01 222 Lloyd, Robert 10/1912005 011 223 Waldron Jeffrey 10/19/2005 01 224 Wands, William Ross III 10/19/2005 01 225 Bluewater Associates 10/28/2005 01 226 Bluewater Associates 10/28/2005 01 227 Bluewater Associates 10/28/2005 01 228 Bluewater Associates 10/28/2005 01 229 Bluewater Associates 10/28/2005 01 230 Willis, Kelly 10/19/2005 01 231 Warren, Woody 10/19/2005 01 232 Skobel, Richard and Debra 10/28/2005 01 233 Infinity Partners, LLC 12/7/2005 01 234 Brynn Marr Homes Inc. 10/19/2005 01 235 Infinity Partners, LLC 11/22/2005 01 236 Ruff, Thomas W. and Lorine 5, 10/31/2005 01 237 Smith, Diane and William 10/30/2005 01 238 Mitchell's Investments, Inc. 10/19/2005 01 239 Jacobson, Andrew and Walsh, James 11/28/2005 01 240 Brynn Marr Homes Inc. 10/19/2005 01 241 Wands, William Ross Jr. 11/1.012005 01 242 Eldred, Marne L. 10/30/2005 01 243 Chapman, Donald C. 10/19/2005 01 244 Rosenberg, Jason C. and Elissa D. 11/11/2005 01 245 Woolard, Michael A. 10/19/2005 01 246 Esposito, Jason and Kuetz, Matt 10/19/2005 01 247 Harris, Walker 10/19/2005 01 248 Miller, Donald and Miriam 10/19/2005 01 249 Wooten, Jim 10/19/2005 01 250 Ragan, Sandra 10/19/2005 01 251 Dorchester, Daniel 10/29/2005 01 252 Carroll, Adrian / Seal, James / Moore, Doug 11/16/2005 01 253 Carroll, Adrian / Seal, James / Moore, Doug 11/9/2005 01 254 Carroll, Adrian / Seal, James / Moore, Doug 10/19/2005 01 255 Carroll, Adrian [Seal, James / Moor, Doug 10/19/2005 01 256 Grammer Builders, Inc. .10-19/2005 01 257 Grammer, Peggy & Redden 10/19/2.005 01 258 Ragen, Sandra 10/19/2005 01 259 Kale, Ed 10/1912005 01 260 Williams, Cravon 10/19/2005 01 261 Walsh., Mike Dr. 10/19/2005 01 262 Sonniota, David Scott 11/1/2005 01 263 Inf"inity.Partners 11/16/2005 01 264 Infinity Partners LLC 12/9/2005 01 265 Clark Investment Group 10/19/20D5 01 266 Todd, Jim 10/19/2005 01 267 Rachel, John J and Priscilla B W23/2.005 01 269 O'Dell, David and Denise 10/19/2005 01 269 HWW Land Company LLC 10/27/2005 01 270 HWW Land Company LLC 10/27/2005 01 271. McAulev; Sarah 10/19/2005 01 272 Infinity Partners, LLC 12/9/2005 01 275. Driskill, Mike and or assigns 10/19/2005 01 274 Barnes, William and Lewis, Sharon 10/27/20GS 01 275 Secor,DeeDee 3/13/2006 01 276 Todd, Talbot F. and Marilyn 0. 10/19/2005 01 277 Plantadosi, Michael S. 10/25/2005 01 278 Nonidez, William K. 11/2/2005 01 276 Piantadosi, Claude A. and Michael S. 11/10/2005 01 280 Nonidez, William K. 11/2/2005 01 2-81 Gallimore, Rick and Angie 10/19/2005 01 282 Stock, Joseph and Barbara J. 10/19/2005 01 283 Jenson, Delores 10/21/2005 01 294 Miller, Robert 10/19/2005 01 285 6dds, Todd and Gina 10/30/2005 01 286 Akers, Robert F: Jr. 10/1912005 01 287 Baker, Anne 10/1912005 01 2.88 Riddick, William S. and Ida F. 10/24/2005 01 289 Scruggs, Tony and Kelly 12/14/2005 01 290 Futral, Kevin Anthony 10/19/2005 01 291 RTKC Associates, LLC 10/28/2005 01 292 Infinity Partners LLC 10/19/2005 01 293 Haynes, Jack T. JR. 11/1.0/2005 02 294 Total Realty Management 7/24/2006 02 295 Hanson, James D. and Char! L. 2/24/2006 02 296 Total Realty Management 4/7/2006 02 297 Price, Constance and Donald 5/8/20.06 02 298 Finklea, George C. Jr. 5/26/2006 02 299 Davis, William R and Kaye S. 6/20/2006 02 300 Roberson, Patricia. and Jacobs, Richard 6/2/2006 02 301 HWW Land Company LLC 12/16/2005 02 302 Chasegate LLC 12/15/2005 02 303 Stock, Mark 2/13/2006 02 305 Total Realty Management 3/31/2006 02 306 Yager, Steve 2/17/2006 02 307 Total Realty Management 6/23/2006 02 308 Stebnicki, Michael and Shetye, Kirte 7/31/2006 02 309 Steve Broughton Rentals LLC 1/10/2006 02 310 Robertson, Gerald W. 4/17/2006 02 311 Wilson, Eric & Alessandrini, Raymond 1/10/2006 02 312 Jackson, W. Mitchell 12/22/2005 02 313 JLR Properties 1/19/2006 01 314 Campbell, Brian D. 10/17/2005 01 315 Campbell, Brian D. 10/17/2005 01 316 Campbell, Brian D. 10/17/2005 01 317 Campbell, Brian D. 10/17/2005 01 318 Lee, Terry L. or assigns 10/19/2005 01 319 Lee, Terry L. or assigns 10/19/2005 01 320 Two Richards Properties LLC 11/30/2005 01 321 Bason, George and Harrington, Joelyn 11/4/2005 01 322 Rains, Brian 10/21/2005 01 325 Simyon, Robert & Cogdell, William 11/8/2005 01 326 Stock, Mike 12/2/2005 01 329 Reid, Bob and or assigns 10/19/2005 01 330 Infinity Partners LLC 12/2/2005 01 331 FS Tierra Holdings 10/20/2005 01 332 Cooper, Rosalind 10/31/2005 01 333 Skinner, Berkley C. III and Susan D. 10/19/2005 01 334 Stock, Mark 10/17/2005 01 335 Brynn Marr Homes Inc. 10/19/2005 01 336 Brynn Marr Homes Inc. 10/19/2005 01 337 Brynn Marr Homes Inc. 10/19/2005 01 338 Gurganus, Selina/ Kennedy, Benny & Glenc 10/19/2005 01 339 Futrell, Kevin and Anthony 10/19/2005 01 340 Simyon, Robert 1/12/2006 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 341 Brown, Dan and Jolie 11/4/2005 342 O'Dell Family Trust dated 4-18-94 10/19/2005 343 Allen, Graham &, Luddy, David 11/23/2005 344 Johns, Jason 0. 11/1/2005 345 Grossinger, Jared 10/19/2005 346 Redler, Dan and Dara 10/31/2005 347 Stock, Mark 10/17/2005 348 Rosenburg, Leonard and Diana 10/25/2005 349 Nemo, Mike and Patti 10/28/2005 350 Infinity Partners, LLC 11/18/2005 351 Mastandrea, Saverio 10/19/2005 352 Biuewater Association 10/28/2005 353 Saylors,. Glenda 10/31/2005 354 Blacker, Richard and Ellen 10/24/2005 355 Stinson, Helga 10/29/2005 356 Hughes, Michael and Steven 11/3/2005 357 C - ShoreProperties LLC 10/19/2005 358 C - Shore Properties LLC 10/19/2005 359 Hess, Glenn and Linda 10/19/2005 360 Williams, Tim and Gail 10/21/2005 361 Clapp, David E. 10/28/2005 362 Nealeans, Drew 10/19/2005 363 Nealeans, Drew 10/19/2005 364 Mitcheii's Investments Inc. 10/19/2005 365 Isaacson, Jim 10/17/2005 366 O'Dell, Gary and Jane 10/19/2005 367 Deel. Jahn A. and Elaine M. 10/19/2005 369 Infinity Partners LLC 11/15/2005 369 Infinity Partners, LLC 11/16/2005 370 Infinity. Partners LLC 10/19/2005 371 Futrel, Sherrell 10/19/2005 372 Cooper, Denise and Ron 10/19/2005 373 Stevens, Kim & Ross, Tracie 10/28/2005 374 Julian, William & Edna 10/19/2005 375 Julian, Edna & William 10/19/2005 376 Brynn Matr Homes Inc. 10/19/2005 377 Brynn Marr Homes Inc. 10/19/2005 978 Nolan, Barbara / Billings, Kenison 10/19/2005 379 Stamper, Robert A. 10/1812005 390 Rogoz, Kenneth H. 10/26/2005 381 Menezes, Rodger 10/21/2005 382 Cherry, Joseph F. III 10/27/2005 01 383 Belk, B. V. Jr. 10/19/200.5 01 384 Tenny, Shane B. and Betz, Frederic S. 10/19/2005 01 385 Bondurant, William & Millar, Sandy 10/19/2005 01 386 Skafus, Perry 10/19/2005 01 387 Avera, John B. 10/19/2005 01 388 Van Syckle, Laura 10/14/2005 01 389 STROUD - Owner retained at Closing 01 390 STROUD - Owner retained at Closing 01 391 STROUD Owner retained at Closing 01 392 STROUD - Owner retained at Closing 01 393 Jauregui, L. J. 10/19/2005 01 394 Infinity Partners, LLC 10/18/2005 01 395 Infinity Partners LLC 10/19/2005 01 396 Lawhorne, Todd and or assigns 10/19/2005 0.1 399 Bryan, Callan H. and or assigns 11/16/2005 01 399 Infinity Partners 10/25/2005 01 400 Bell, Charles A. and or assigns 10/19/2005 01 401 Poag, Bradley and or assigns 10/31/2005 01 402 Charlex Holdings, LLC and or assigns 10/28/2005 01 403 Inflnity Partners LLC 10/19/2005 01 404 Infinity Panniers LLC 11/16/2005 01 405 Smallwood, Rodney P. and or assigns 10/25/2005 01 406 Poag, James C. and or assigns 10/19/2005 01 407 Hasibeck, James and Jessica 10/19/2005 01 408 Banks, Jay D. 10/24/2005 01 409 Vinson, Kathy B. 10119/2005 01 410 Podrebacac, Don 12/5/2005 01 411 Weiss, Jeff / Charlex Holdings 10/28/2005 01 412 Mcmains, Robert and Lisa 10/19/2005 01 413 Price, Mark 10/19/2005 01 414 Draffen, Douglas K. 10/19/2005 01 415 Infinity Partners, LLC 10/19/2005 01 416 Belk, B. V. Jr. 10/19/2005 01 417 Reader, Paul 11/15/2005 01 418 Bruce, Brad 10/17/2005 01 419 Lloyd, Robert 10/12/2005 01 420 Infinity Partners LLC 12/8/2005 01 422 Turner, Charles 4/17/2006 01 423 infinity Partners LLC 11/30/2005 01 424 Infinity Partners, LLC 12/9/2005 01 425 Stock, Mark 10/17/2005 01 426 Maddox, George 11/4/2005 01 427 Mortland, Bruce 11/10/2005 01 428 Barnes, Charles E. and Connie W. 5/19/2006 01 429 Zucchino, Lawrence 10/20/2005 01 430 L& B Properties of North Carolina LLC 11/10/2005 01 431 Jacobson, Andrew S. 11/10/2005 01 432 Walsh, James F. Jr. 11/10/2005 01 433 Bryan, Russ C. and/or assigns .11/3/2005 01 434 Infinity Partners, LLC 11/16/2005 01 435 Infinity Partners 11/16/2005 01 436 Wilson, Robert/SGRS 10/19/2005 01 43.7 Whitley, Vivian L. 12/28/2005 01 438 Murray; Luke and or assigns 10/24/2005 01 439 Weiss, Marlene / National Tech Solutions 10/25/2005 01 440 Babb, Gordon and or assigns 10/19/2005 01 441 Finan, John and Procopio, Deborah 11/16/2005 01 442 Vasko, Michael 10/25/2.005 01 445 Infinity Partners 11/16/2005 01 446 Infinity Partners LLC 10/19/2005 01 447 Infinity Partners, LLC 11/10/2005 01 448 Wilson, Robert/SGRS 10/19/2005 01 449 Biasuccl, Dean / Belk, B. V. Jr. 10/24/2005 01 450 Garrett, Bail T. / High, John / High, Robert 10/19/2005 01 451 McKay, Bruce and or assigns 10/26/2005 01 452 Smith, Timothy & Michelle J. 11/9/2.005 01 453 Stevens, Kim 2/3/2006 01 454 McAuley, Sarah 10/1912005 01 455 Hanson, Todd and Pamela 10/19/2005 01 456 Murray, Luke 12/28/2005 01 458 Infinity Partners LLC 11/16/2005 01 459 Gray, William M. and Tracey A. 10/19/2005 01 460 Hart, Jon and or assigns 10/19/2005 01 461 Infinity Partners LLC 10/25/2005 01 462 Infinity. Partners, LLC 11/15/2005 01 463 Menez es, Rodger 10/31/2005 01 464 Cox, Kevin Eugene 11/15/2005 01 465 Miller, Donald and Mariann 10/17/2005 01 466 Watts, Richard Mace 3/22/2006 01 467 Zucchino, Lawrence R. 10/20/2005 01 468 Leff, Al & Watts. R. Mace 4/27/2006 01 469 Wellman, Harold and Linda 12/15/2005 01 470 Wellman, Harold and Linda 11/4/2005 01 471 Cook, Scott 11/4/2005 01 472 Brotherton, James and Jamie 10/19/2005 01 473 Black, Chris 11/15/2005 01 474 MCGuckin, Robert and or assigns 11/2/2005 01 475 Neff, Dave & Wendy and or assigns 10/19/2005 01 476 Total Realty Management 7/25/2006 01 477 Chang, Meng 11/11/2005 01 478 Welsh, Robert & Danielle / Jackson, Clyde 8 11/15/2005 01 479 Wood, Ed / Beasley, Horace P. 10/19/2005 01 480 Infinity Partners 12/9/2005 01 481 STROUD - Owner retained at Closing 01 482 Schupbach, Gary 11/8/2005 01 483 Stock, Mark 11/10/2005 01 484 Stock, Mark A. 10/19/2005 01 485 Anderson, Chris 10/24/2005 01 486 McCabe, Stephen and or assigns 10/19/2005 01 487 Drummond, David and or assigns 10/1/2005 01 488 Marucci,John 10/19/2005 01 499 Marucci, John & Linda 10/19/2005 01 490 Walsh, James F. 10/27/2005 01, 491 Jacobson, Andrew 10/27/2005 01 492 Hughes, David 10/24/2005 01 493 Mak, Peter and Li Chun 10/28/2005 01 494 Simyon, Robert 11/8/2005 01 495 Grossinger, Leila and .Jerome 12/2/.2005 01 496 Albers, Scott 12/16/2005 01 497 Santa Rosa. Land Development Inc. 10/19/2005 01 498 Isaacson, Robert and Janis 10/19/200.5 01 4.99 Rachel, James A. 10/19/2005 01 500 Infinity Partners, LLC 11/16/2005 01 501 Infinity Partners LLC 10/31/2005 01 502 Stone, Kenny 10/21/2005 01 503 Allen, William G. Jr. 11/15/2005 01 504 Wood, Ed / Beasley, Horace P. 10/19/2005 01 506 Hibrandt, Kevin and or assigns 10/25/2005 01 507 Infinity Partners 11/16/2005 01 508 Watts, Mace 3/31/2006 01 509 Lewis, Brian / Gill, Roland A. 10/21/2005 01 510 Kocur, Dennis and Carol 11/28/2005 01 .511 Scheneck, Carol 10/19/2005 01 512 Steed, Sandra 10/19/2005 01 513 STROUD - Owner retained at Closing 02 514 Easley, Michael and Mary 12/15/2005 02 515 Steed, Roland E. and Barbara 02 516 Front Porch Investments LLC / Dial, John 02 517 0 J K IAA, LLC 02 SIB M Properties 02 519 Edwards, Tim and Susan 02 520 Therrell, Douglas R. .02 521 Yager, Steve 12/20/2005 12/15/2005 12/15/2005 2/13/2006 12/19/2005 12/8/2005 2/17/2006 Nelson, Christine From: Nelson, Christine Sent: Tuesday, September 27, 2011 2:30 PM To: 'Dunn, Glenn' subject. RE: stormwater permit transfer -R.A. North Development, Inc. I will be the one conducting the inspection. I have asked David to come along since he has historical knowledge about this site. I am not sure what time we will be there as I understand David has a few other sites he needs to look at on the way. I will be out of the office tomorrow, but I may have a better idea on Thursday if I can catch up with David. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Tuesday, September 27, 2011 9:42 AM To: Nelson, Christine Subject: RE: stormwater permit transfer -R.A. North Development, Inc. Thanks. I will get the info verifying the contact for the HOA . Who will do the inspection ? I want to talk to that person to see if we can arrange a time that I can be there .Will it be David Cox ? From: Nelson, Christine [mailto:christine.nelson@ncdenr.gov] Setjnt! SpintPmhPr 77� ?n11 R,7o m To: Dunn, Glenn Subject: RE: stormwater permit transfer -R.A. North Development, Inc. Mr. Dunn: If the proposed permittee is a corporation, then the representative listed on the form needs to be a vice president or president [per 15A NCAC 2H.1003(e)]. Documentation supporting this person in that position should also be provided. An inspection has been tentatively scheduled for Friday Christine Christine Nelson Environmental Engineer NC DWQ - Stormwater Program Wilmington Regional Office 910-796-7323 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Dunn, Glenn [mailto:hgdunn@poynerspruill.com] Sent: Monday, September 26, 2011 3:56 PM To: Nelson, Christine Subject: stormwater permit transfer -R.A. North Development, Inc. Ms. Nelson, thank you for the response .I'll have to admit being disappointed in having to almost start over again at this time. We will get you the requested information as quickly as we can and I have a few questions that will clarify what you want so that you will not have to make an additional request. 1.We will fill out the new form. 2.We will send you the list of conveyed lots, this time with the grantees shown on the list. It will be accompanied by an affidavit from the owner verifying that none of the grantees are related to R.A.North. 3.We will send you the articles of incorporation for Cannonsgate at Bogue Sound Homeowners Association ,Inc. However,) don't understand what is meant by showing the named representative has authority to act on behalf of the proposed permittee. I don't know of any action that the proposed permittee Homeowners Association needs to take. Would you please clarify. 4.We will send you a cony of the certification. S.We will get a copy from Kathy Vinson as soon as she records it and will send it to you. 6. Please let me know when the inspection will be done. I suspect you know an inspection was done in May and David Cox found it to be in compliance and otherwise in excellent condition. we would very much appreciate the inspection being done as soon as possible . Please give me a call or email me to discuss these matters. R.A. North is has essentially no connection with the development anymore, and I have been told the Homeowners Association in anxious to have the permit in its name, so it will be in everyone's interest to get the transfer done. I will be most appreciative of your help . Please consider the environment before printing. 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. To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein. Please consider the environment before printing. 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. To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein. A`ti;`PA`A, RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 23, 2011 Mr. Randolph Allen, President R.A. North Development, Inc. 7009 Whitemarsh Ct. Charlotte, NC 28210 Subject: Request for Additional Information Stormwater Project No. SW8 050516 Cannonsgate at Bogue Sound Carteret County Dear Mr. Allen: The Wilmington Regional Office received a request to transfer the ownership of the State Stormwater Management Permit for Cannonsgate at Bogue Sound on July 26, 2011 and accepted it on September 23, 2011 once the previously submitted modification request was approved. A preliminary in-depth review of the information submitted with the request to transfer has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. in the letter from Mr. Glenn Dunn dated July 22, 2011 and received on July 26, 2011, you have requested that this permit be transferred to the HOA pursuant to Session Law 2011-256 (the new permit transfer Act). In order to transfer your permit under this Act you will need to fill out the new permit transfer application (see the enclosed form). 2. As required by this Act, the declarant must demonstrate that at least 50% of the lots have been conveyed to owners other than the declarant. The document you have provided entitled "Closed Lot Sales Report" only lists that the lots have been sold but does not provide enough information to determine that these lots were sold to individuals.. Please provide documentation showing that the lots were sold and currently owned by individuals other than the declarant. 3. Please ensure to complete Section III of the enclosed form and to provide documentation showing the proposed permittee is a legal entity and that the named representative has the authority to act on behalf of the proposed permittee. 4. As required by Section 11.7 of the permit originally issued on June 2, 2005 (and Section 11.8 of the permit modification dated September 22, 2011), please submit a copy of the permittee certification ensuring that the stormwater controls and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. 5. Please submit a copy of the amended recorded deed restrictions documenting the increase in the built -upon area allocation for lot 437 as approved by the modification to the permit issued on September 22, 2011. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 one Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 NorthCarolina Internet wvuw.ncwaterquality.org An Equal Opportunity \Affirmative Action Employer �a`11�N� //� `3L " Randy Allen September 23, 2011 Stormwater Application No. SW8 050516 6. Please be aware that it has been determined by the Attorney General that in order to transfer the permit pursuant to Session Law 2011-256, an inspection must be scheduled after the effective date of the Act and that the project must be found in substantial compliance at the time of the transfer request before the transfer of the permit can occur. An inspection will be completed in the near future. 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 October 24, 2011, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail, email or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 796-7215 or email me at christine.nelson@ncdenr.gov. Sincerely, CLtZ,--e JEL-,-J Christine Nelson Environmental Engineer GDS/can: S:1WQS1StormwaterlPermits'& Projectsl2 1/050516 LD12011 09 addinfo 050516 cc: Glenn Dunn, Poyner Spruill Wilmington Regional Office Stormwater File Page 2 of 2