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HomeMy WebLinkAboutSW7060521_HISTORICAL FILE_20200219STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE DOC DATED% YYYYMMDD Gr1u�kd ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Acting Director NORTH CAROLINA EnWranrnentat Quattty February 19, 2020 Paradigm Development Group, LLC Attention: Mr. Al R. Chesson, Manager P.O. Box 1147 Williamston, NC 27892 Subject; Stormwater Permit No. SW7060521 Renewal Edenton Medical Park High Density Stormwater Project Chowan County Dear Mr. Chesson: A Division of Energy, Mineral, and Land Resources file review has determined that Stormwater Permit SW7060521 for a stormwater treatment system consisting of a wet detention pond serving Edenton Medical Park in Edenton, NC expires on September 21, 2020. This is a reminder that permit renewal applications are due 180 days prior to expiration. We do not have a record of receiving a renewal application. To keep this permit active please submit a completed permit renewal application along with a $505.00 fee for.permit renewal. Permit application forms for renewal can be found on our website .at: t c. o a o t d' n - e ce - ne ruiesi 1:ormrw_ater-1rogram_/.post-constrll Lion. North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to discuss this by phone or meet with you. If you would like, I can e-mail you a copy of the application forms. You can request a copy by e-mailing me at roger.t Qrne(ncdenr.QY. Sincerely, Roger K. Thorpe Environmental Engineer ®� Q �� North Carolina Department of F_nvironmerital quality I Division of Energy. Mineral and Land Resources Washington Peglonal Office 1 943 Washington Square Mall I Washington, North Carollna 27689 °.�\ J 252.946.6481 ROY COOPER ra'e .Jf MICHAEL S. REGAN S. DAN IEL SMITH 7.r:c:9r Environmental Quality August 16, 2019 Paradigm Development Group, LLC Attn.: Al R. Chesson, Manager PO Box 1147 Williamston, NC 27892 Subject: Approved Plan Revision Edenton Medical Park - Express Stormwater Project No. SW7060521 Chowan County Dear Al R. Chesson: On July 19, 2019, the Washington Regional Office received a Plan Revision request for Stormwater Management Permit Number SW7060521. The plan revision request is for the following: Providing an update to the impervious areas forlots 4 & 5. There is no revision or reallocation to the current permitted BUA for lots 4 & 5_ Based on the current Division of Energy, Mineral, -and Land Resources Guidance on this issue your plan revision request is hereby approved. Please incorporate this approval into your existing plan set and permit file. Please be aware that all terms and conditions of the permit issued on September 21, 2006 remain in full force and effect. You are also rerninded that the current permit will expire on September 21, 2020.- Please also understand that the approval of this revision to the approved plans for the subject State Stormwater Permit is done on a case - by -case basis. Any other changes to this project must be submitted to and approved through the Division of Energy, Mineral, and Land Resources prior to construction. The issuance of this plan revision does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction If you have any questions, or need additional information concerning this matter, please contact me at (252) 946-6481. Sincerely, William Carl Dunn, PE Environmental Engineer CC" Bryan Fagundus — Ark Consult Group, PLLC (bryan@arkconsultinggroup.com) Chowan County Inspections — Holly Colombo (holly.colombo@chowan.nc.gov) Washington Regional Office l�D����..�r.����..,i':r.aD�.:_.�,._1._.=rrrir�':��rea.rX.:z:'ry J"::"U':r�',Nr�y_�s�`�rai.r�:'_o':��ga.•;�-, r'Gs�iirs;:'. ta' aECT y4 'r:c;ri'ssy:gr. luartldcil 7rcn!!;'.J%tir,•...:afr,!,e"L'�.h'> i' Paradigm Development Group, LLC James K. Nance, Jr. Managing Partner Jknance}rr0—embargmail.cam Cell-713-677-3500 January 15, 2014 Mr. Scott Vinson NCDENR Division of Water Quality 943 Washington. Square Mall Washington, NC 27889 P.O. Box 2247 Washington, N.C. 27889 252-946-0212 RE: Stormwater Permit No. SW7060521 Edenton Medical Park High Density Subdivision Project Chowan County Mr. Vinson, Al Chesson Managing Partner alCaarchesson.com 252-792-4486 On September 21, 2006, Paradigm Development Group, LLC was issued Stonnwater Management Permit No. SW7060521 for Edenton Medical Park with a spreadsheet showing impervious coverage for the development. On July 31, 2009, Paradigm Development Group, LLC recorded the Declaration of Covenants and Restrictions for Edenton Medical Park in Deed Book 414, Page 884, with a Schedule `A' in Deed Book 414, Page 890, which listed a `Summary of Impervious Area for Deed Restrictions'. We have just now discovered that this Schedule `A' was recorded with errors. Lots 3, 4, 5, & 10 have been sold with Lot 6 currently under contract to sell. Lot 10, now or formerly owned by WC-Chowan, LLC, was issued Stormwater Management Permit No. SW7070204MOD which allowed them to build and use an on -site BMP for additional drainage of their lot. The total impervious area draining to the original permitted pond went unchanged and remained at 68,416 square feet. This is the area that should be reflected in the Schedule `A'. We want to bring Schedule `A' in the restrictive covenants for the subdivision in compliance with the total permitted pond impervious design volume of 422,240 square feet. I have modified Schedule `A', which will be re -recorded, and the original spreadsheet to reflect the changes made to the original stormwater permit areas. Note that the permitted pond impervious design volume has not been changed. S Caroline Copeland SPREADSHEET SHOWING IMPERVIOUS LOT COVERAGE zw o eeu a� e � � w LOT 1 I LOT 2 1 LOT 3 1 LOT 4 1 LOT 5 1 LOT 6 1 LOT 7 1 LOT 8 1 LOT 9 1 LOT 10 1 LOT 12 1 1 BB&T I '= r I �I - I „�I TOTALS BASIN INFORMATION RECENING STREAM NAMEI UNNAMED TRIBUTARY TO PEMBROKE CREEK RECEIVING STREAM CLASSI B NSW B NSW B NSW B NSW B NSW B NSW B NSW B NSW B NSW B NSW B NSW B NSW B NSW B NSW B NSW B NSW B NSW B NSW B NSW DRAINAGE AREA AC 0 0 1.08 0,94 0.78 1.37 0.73 069 1.17 2.72 3.14 4.00 1.48 0.60 2,15 9.10 1.82 0.79 0.49 2406 EXISTING IMPERVIOUS AREA AC 9 0 0 D 0 0 0 0 0 0 0 1.44 0.69 0 0 0.02 0.90 Q 0 3.06 PROPOSED IMPERVIOUS AREA AC 0 0 0,65 0.71 0.58 0.87 0.48 0,45 0.66 1.57 0 0 Q D 0 0 0 0.40 0.27 563 % IMPERVIOUS AREA IOTA #DIVIO! fit% 75% 75% 83% 65% 65% 58% 58% 0% 36% 47% 0% 0% 22% 50% 50% 54% 40% IMPERVIOUS ON -SITE BUILDING (SF)I I 8.000 1 10.000 1 9 000 1 8.045 1 8.000 1 7 SOO i ROM 1 29 661 1 1 75 700 1 5 2721 1 1 1 1 1 1 115 17A ON -SITE STREETS SF 10000 13070 11423 20351 7250 6500 12207 28,885 15.248 7,000 1,000 39.344 17,404 11,578 201,258 ON-SI7E PARKING IsF1 7,000 5.000 4,000 5.516 3,500 4.OW 6,000 10.593 13.504 15.000 74,113 ON -SITE SIDEWALKS 3,500 2,750 2.WO 3.308 i 2,000 1.500 1 2.5W 2.277 6.098 3,000 1 28,933 OTHER ON -SITE SF 580 2,178 2,758 OFF -SITE SF)0 EXISTING SF TOTAL IMPERVIOUS D 0 28,500 30,820 25423 37.800 20750 19,500 28.707 fi8,41fi 0 62,726 34272 0 0 1.000 39.344 17,404 }1,578 422.240 SITE DRAINING TO POND 46,045 41.093 j 33.897 59.783 1 31.937 1 29.876 1 51.062 1 118,556 1 136779 1 174.241 1 64,443 1 25.117 1 93.877 1 4.465 1 79.260 1 34.560 1 21.288 1.048A75 REVISED SCHEDULE W SUMMARY OF IMPERVIOUS AREA FOR DEED RESTRICTIONS Lot Lot Area Impervious Percent 1 43,733 0 0% 2 61,081 0 0% 3 46,841 28,500 61% 4 41,093 30,820 75% 5 33,897 25,423 75% 6 59,783 37,800 63% 7 31,937 20,750 65% 8 29,876 19,500 65% 9 51,062 28,707 56% 10 118,556 68,416 58% 12 136,779 0 0% Vinson, Scott From: Copeland; Caroline [caroline@archesson.coml Sent: Wednesday, January 15, 2014 3:53 PM To: Vinson, Scott CW r-767? , 05 1 Subject: RE: Edenton Medical Park SW Permit Attachments: DENR Letter.PDF Scott, Attached please find the letter with incorporated spreadsheets showing the changes made to the lots. Please let me know if you have any questions. if this is satisfactory please let me know that as well so we can put this to rest. Thank you for your help! Caroline O. Copeland, LEED® AP BD+C A.R. Chesson Construction Co., Inc.. P.O. Box 1147 - 315 West Main Street INlliamston, NC 27892 Phone: (252) 792-4486 Fax: (252) 792-9090 www.archesson.corn Interact with A.R. Chesson: Facebook: www.facebook.com/chessonconstruction From: Vinson, Scott [mailto:scott.vinson@ncdenr.go�] Sent: Thursday, January 02, 2014 4:57 PM To: Copeland; Caroline Subject: RE: Edenton Medical Park SW Permit Caroline, You can write the letter. We only need PEs to sign design calculations and plans. hope you had a good Christmas'and that your new year starts off wonderful. Thanks, Scott Before printing this email, please consider your budget and the environment. *E-mail 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: Copeland; Caroline [mailto:caroline@archesson.com] Sent: Monday, December 30, 2013 3:53 PM To: Vinson, Scott Subject: FW; Edenton Medical Park SW Permit Scott, This has FINALLY come up! And they are closing on the lot tomorrow! I told them it most likely was not possible to have DENR approval by closing. We worked on this almost 5 months ago and it sat waiting on them to give me quantities to give to you. Nonetheless, I will be getting a letter to you tomorrow with the area changes and the revised chart. Does the letter need to be from and engineer or can I write the request and explanation? Thanks, Caroline 0. Copeland, LEED® AP BD+C A.R. Chesson Construction Co., Inc. ,O- P.O. Box 1147 - 315 West Main Street Williamston, NC 27892 Phone: (252) 792-4486 Fax: (252) 792-9090 www.archesson.com Interact with A.R. Chesson: Facebook: www.facebook.com/chessonconstruction From: Vinson, Scott fmailto:scott.vinsonCancdenr.gov] Sent: Wednesday, July 24, 2013 5:24 PM To: Copeland; Caroline Subject: Edenton Medical Park SW Permit Caroline, Here is the copy of the SW permit you requested. I spoke with a very nice gentleman and discussed with him the changes proposed and told him that as long as there was no overall increase in built upon area, just moving some around, thenwe would just need a request letter noting the changes and why and a revised breakdown of the lots and the changed built upon areas found on the table attached to the permit (the last page of the attached document). I will be out of the office until next Thursday, but if you have any additional questions before then, please feel free to contact Samir, Roger or Bill here in the office. Thanks and take care, Scott SCOTT VINSON NCDENR- DWQ 943 WASHINGTON SQUARE MALL WASHINGTON, NC 27889 OFFICE:(252) 946-648 i DIRECT:(252) 948-3844 MoBefore printing this email, please consider your budget and the environment. *E-mail 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. ti HOBBS, UPCHURCII & ASSOCIATES CONSULTING ENGINEERS r%jl P.O. DRAWER 1929 2522 S. CROATAN HIGHWAY, SUITE 2A NAGS HEAD, NORTH CAROLINA 27959 PHONE: 1-(252) 441-3913 FAX: 1-(252) 441-2100 To: Lynn Mathis _ EXPRESS REVIEW COORDINATOR NCDENR - WRO 943 Washington Square Mall Washington, NC 27889 The Following Item(s) : y LFTTER OF TRANSMITTAL, Date: 8/25/06 lJob No. ED0601 Attn. Lynn Mathis Ref.: Edenton Medical Park We are sending you Attached OUnder separate cover VIA Shop Drawings a Pay Request Samples Specifications 0 Copy of Letter © Change Order © Plans Copies Date Project No. Description 1 Request for Express Permit Review 2 SWM Permit Application 1 Wet Detention Sueplement 1 $4,000 Check to DENR 2 Plans and S cs Engineering Calculations I Project Narrative These are Transmitted as Checked Below: a For Approval oApproved as Submitted For Your Use Approved as Noted As Requested Returned for Corrections For Review and Comment Remarks: '- �-' j 7 2006 '-I . - J BAR" 0 Resubmit for Approval OSubmit for Distribution Return Corrected Prints for sienatures l Prints Returned After Loan to Us Copy To: Signed: James Bowen SUMMARY OF IMPERVIOUS AREA SW706521 LOTS 4 AND 5 REVISED Lot # Lot Area (SF) Permitted Impervious (SF) % Impervious Permitted (SF) Existing Impervious (SF) Proposed Impervious (SF) Total Impervious After Minor Mod. (SF) 4 41,093 30,820 75% 25,717 1,971 27,688 5 33,897 25,423 75% 0 7,806 7,806 Please look on top of this filing cabinet for stormwater plans that go with this project. J OFFICE OF THE GENERAL COUNSEL OmcE Or RISK MANAGFMENT UNIVERSITY HEALTH SYSTEMS of Eastern Carolinas. March 1, 2009 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Washington Regional Office 943 Washington Square Mali MAR 0 6 2009 Washington, NC 27889 Attn: Al Hodgc Re: Stormwater Permit No. SW7060521 (the "Permit") Edenton Medical Park High Density Subdivision Project Chowan County Dear Mr. Hodge; I represent University Health Systems of Eastern Carolina, hic, of which East Carolina Health-Chowan, Inc. d/b/a-Chowan Hospital is an affiliate. On May 14, 2007 East Carolina Health-Chowan, Inc. d/b/a Chowan Hospital purchased lots 4 & 5 of Edenton Medical Park from The Paradigm Development Group, LLC, the holders of the Permit and developers of the subdivision. On or about October- 1, 2007 the Hospital submitted its building plans for an office building planned f-or construction on Lot 4 to NCDENR. The Hospital was informed that its planned impervious surface coverage exceeded the amount allocated to Lot 4 in Permit No. SW7060521, and NCDENR provided us with a copy of the permit. The Hospital's engineers worked witli NCDENR to reallocate the coverage's on each lot in the subdivision, reducing the amount on those that were not at that time improved and adding that reduced amount to Lot 4 to allow the construction to proceed as planned. Section I1(12) of the Permit requires that prior to the sale of any lot, deed restrictions must be recorded, and sets out certain items to be contained in the covenants, including a schedule of the maximum built upon area per lot in square feet. This letter is to advise that as of the date above, no covenants have been recorded as required by the Permit and Chowan Hospital deems its interest in Lot 5 to be in jeopardy due to the possibility that other lots in the subdivision that have already been sold or others that may be sold and improved may result in a reduction in the amount of impervious coverage that may be left to be utilized by Lot 5. The Hospital has been working with the developers for over a year now to resolve this matter, and in fact covenants have been rough drafted and reviewed by the undersigned for the Hospital, but to date have not been signed by all parties in the subdivision (of which there are now due to lot sales four lot owners plus the developer). LO Therefore, in order to protect its interest in Lot 4, the Hospital respectfully requests that NCDENR revoke the Permit for cause for failure to comply with the Permit's conditions requiring the recording of covenants, and that this letter be considered a formal filing of a request for Permit revocation. If additional information is needed or a specific form is necessary to perfect this request, please advise by reply to James L. Bullock at the address below. Sincerely, Nancy B. Aycock General Counsel University Health Systems �-tvzj Jamiles L. Bullock, Esquire Attorney for University Health Systems 252-347-6567 Phone 252-756-4388 Fax j im.bullock@uhseast.com 600 Daventry Drive Greenville, NC 27858 Cc: Jeff Sackrison ° I -E ilcd AMILK11 RCI)011 1-0-5349425 ��'f Lf�'1i"T1:D LI<1RILITY CONIPANY For �no� }CNN UA l REPORT Do not�1a1.1 ��l,F�•.,� J NAIM1:,; OF I,INllT1-- i LIABILITY COMPANY: -17w !'rrrvrrllgrrr l�}ctirrinJtrucvr� Cirntrp. l,l,(: ti I A 1 F OF INCORPORATION: I(_�N: 2VC S1 CRL:"I AID Y OF STATE:: 1,.1..-C. [D MJN113GR; 0_5905,}7 NATUIT OF Real tlra-rlop(,rs NFON"I'l"W D AC.i1:N'I` :Prince, James A Jr I.I:(aIS'I'I'Itl;l:� OFFICI:" NIIA[L[N(:r ix 247 I1'ucltitrtrr,rt. r1'(_' 27NJ) Ia:i[:rIS'I"I:iI�I::DUI`l ICl?. "E1�I E:I AD[)kF,`S: 1_0 INSecowlSl I1"Osi i igloo, A'(.; 27SS) 8cuarj�uv Cemw.' PRINC:IL'Al, 01'1110:,: "I'1'�l_lil'I IOM:: NI-li`r1131�1z: (:��_i 946-021' PRINCIPAL CIFFICI MAILING ADDRI SS: PO Box 2-17 Il`a%hir{Linn, YC' ?7S 9 1'RLN211'AL, (-*,F[C1: STRE' T ADDRESS: 1 (r li SecrnOSI I1'irshinvlon. A"C' 27889 P�IANr1C�E•:IZ ti/,�gl:�:N1i31�R S/(:1R{:if1N I%C:IZS: :14uuc':.Jnures f. ,1'owx Jr Tillc::llcurugel. A rldress: PO llr>.x• i 2-17 f i irslrin tnu, :1'C' 27.S89 N<rrrra: A/ A Ch(,. ,.Vem Tills: ,blurxrs c r' ll rlrh•c•ss: PO Box 1147 lVillimnsion, A,C' 27892 Cl'RT11-1CA-IIUN Cl'F ANNUAL, REPORT MUST BILL, COl\•ll'I.l.: 1:D BY ALL, L.IMITILD L.IALML-EEY G=}]t PANII S Jamvs N:u,,e 3r 04/13/2009 FORM WNT Iili ,IGNHn M' A \LANAGISR8IENIIt1?t: I )A -IT Jamcs Nancc Jr Malmucl. ' YPF.. i_H2 11RINT N. MI: I'1 1'k: (:)12 ANNU:11.. IOTORT {ill,: S20}) MAIL TO: Svcrciary of Sl: lO • C01111I uti„n4 D) Visinn • Post 011'icc liras 29525 • Italc•igh, NC 27626d1525 0 (4 76 5142 State of North Carolina Department of the Secretary of State Limited Liability Company ARTICLES OF ORGANIZATION SOSID: 596537 Cate Filed: 7/512001 8:46 AM Elaine F. Marshall North Carolina Secretary of State Pursuant to S57C-2-20 of the (:general Statutes of North Carolina, the Undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. The name of the limited liability company is: The P digr VP , an l(;_rr,,,p, LLC 2. If the limited liability company is to dissolve by a specific date, the latest date on which the limited liability company is to dissolve: (l/'no date for dissolution is specified, there shall be no limit on the duration of the limited liability cortipany.)June 14, 2046 3. The name and address of each person executing these articles of organization is as follows: (State whether eaclr person is executing these articles oforganization iri the capacity of mentber, organizer or both). Al R. Chesson ,fames K. dance 315 W. Main Street 111 Honey Pod PO Box 1147 PO Box 2247 Williamston, NC 27892 tdashington, NC 27889 member./organizer member/organizer 4. The street address and county of the initial registered office of the limited liability company is: Number and Street 315 .W��r 11a;1, S_tr�Pt City. State, Zip Code Williams ton., 1`C_ ,� 7 �391 _County Maxtiia 5. The mailing address if different front the street address of the initial registered office is: P.D. Box 1147 Williamston, NC 27892 6, The mime of the initial registered agent is: Al R. Chesson 7. Check one of the following: X 0) Member -matt aged LLC: all members by virtue of their status as members shall be managers of this limited liability company. (it) Manager -managed LLC: except as provided by N.C,G.S. Section 57C-3- 20(0) the members of this limited liability company shall not be managers by virtue of their status as members. 8. Any other provisions which the limited liability company elects to include are attached, • 9. These articles will be effective upon filing, unless a date and/or time is specified: This is the _22 day of .20 01 Sipiature Al R. Chesson memher./ organize r. type or Print Name end T tle Jam s K. LNance, member/orpanizer NOTES: 1. Filing See is S 125. This document and one exact or conformed copy of these articles must be tiled with the Secretary of State. (Revised JanuarY 2000) (Form L-01) CORPORATIONS DIVISION P.O. Sox 29622 RALEIGH. NC 27626-0622 C 21Iq KI17 4111 5011 �5pnR7M! J~ ` V L1119ITE 1. fAf3fLi�'Y COnll':1NY ANNUAL REPORT SOSI D: 1)71 140 Dnle Filyd: 3/14/2008 3:25:110 Pill lilainr F. Nlarslmll llorlh Carolilm SUC1,C11rY of Stale C200S0740 1 51MI NA -ME- OF 11M1TED 1.IABUTY CC1\•1P. Y: Ricli Sabo larterprise, UC ti•fA'IT OF INCORPURATiON: NC SECRETARY OF STATF, L.L.C, tD NUMBER: 0711405 NATUIZE OF RUSINE,SS: Rental Real Fsrare iCLGISTE'RIM AGENT: lJollowell Lmi, Offices, P.2I. REGIS"I'I IUM OFFICE MAILING ADDRESS: 5 i11 Copiial Center Onve, ,ore. M-1 Ralei li, NC 27606 RI1'1(31 'TERED OFFICI STIREFT ADDRESS: 3511 Copirol Come)- Urine, Ste. )0.1 Raleigh, -VC 27606 11'oke Cotrn (Y PRINT CiPA1, OFFICE TELFPHO T- NUMBER: (252) 789-4077 PRINCIPAL OFFICE MAILIM3 ADDPLESS: 106 KestAcademv.Street )Villiamsronr, h'C 27892 PRINCIPAL OFFICE S"MEFT ADDRESS; i«fANr\GER.S!?vi4:ArF131' RS/C)R(rANiI.,EJ2ti; N(Ml : rt/17rc:1. Sabo, UI i-1 Tirle: <"fanaticr ,'l ddress: lilt H�esr:Icarlerrlti•Srreol fVilliamsion, AIC 27892 CERTIFICATION OF ANMIIUAL i \lave Salto. i)I'hl Inn, 1!'tr.+v.�lc•r:dc'rrrtl.l'rreer i1 illiammon, ,l'C 27892 jVarne: Derrise,br. Richardson. DAtI Ti*, ,bl(moger 'Iddr•ess ) 06 I Fesi A cade» w Snrei i i11iewn.slon.:VC 27,592 L-c4w ;2-0 F-hjfz�_ &L� C.Q 5(J ?v6o5�1 BE COMPL1 ITD F3Y ALI., I.IN1"1G1) I.IABIIJTY COMPAN:!=S FORM A111ST till SJGMN 'D 13Y A 11AN,%Gl-`R!,,1G\113$R Marc S;lho, DI'M 20080305 ixTll Manager fYPP OR PRINT V NAMIl TYPE OR PRlti i TITLE N,\'1J,1L Rl i'ORT Fl;l:: ];•Paid Srerclan' of$ultc • Cu hnraiiuns 17ivisiczl • 1' sl 011itt+ 13u.c 2952? • Raleigh, NC 27626-0�25 North Carol hla Secrrtan, of Sate .sccretarv.stasc.nc.uslcorpor€tIoris/corp asps?]'itent].193039 1�'�.A � i forth carolinn EF. !1Marshall'LDEPA NA NI Elaine Secretary E A Y o€- 3TAT" l?cs,: 2w�,22 al €Oh, �JC 2' �62 C>-0622, F,nt�lt'fr7 40t�0 CORPORATIONS Corporations Home Search By Corporate Name Search For New '& Dissolved Search By Registered Agent Important Notice Resale of Tickets Online Ccrpor-ationEs FAQ Homeov,roers' Association FAQ Tobacco Manufacturers unincorporated Non -Profits Dissolt.stion Reports Non -Profit Reoorts Verify Certification Online Annual Reports LINKS & LEGISLATION KI33E B2B Annt a3 Reports SOSID NLIrnber Correction 2001 Bill Sumrnaries 1.999 Senate Bills Annual Reports 1997 Corporations 1997 Professional Corporations Register for E-Procurement Dept. of Revenue Date: 4/30/2009 Click here to: View Document Filings I Sign Up for P-Notifications I 17 Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report Corporation Names Name Name Type NC Rich Sabo Legal Enterprise, LLC Limited Liability Company Information SOSID: 0711405 Status: Current -Active Date Formed: 2/12/2004 Citizenship: Domestic State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Donald G. Wiseman Registered Office 5511 Capital Center Drive, Ste. 104 Address: Raleigh NC 27606 I oft 4/30/2009 10:52 AiM North Carolina Secret;rry ut-Starr http://w �� w.sccrctarv.statc.tu-rfs/ccn priratior�slCurp-aspx''Pitcntld=6193f)39 ONLINE ORDERS Registered Mailing 5511 Capital Center Drive, Ste. 104 Address: Raleigh NC 27606 Start An Order New Payment ProceduresPrincipal Office 106 West Academy Street Address:- Wlliamston NC 27892 CONTACT US Principal Mailing 106 West Academy Street Corporations Division Address: Williamston NC 27892 TOOLS Secretary of State Horne Secretary of State Site Map Printable Pace 2 of 2 4/30/200 -10:S2 AM \'o1-Ih Carol ilia secrerilr-v of si ac httpal++•++•++•.secretar+•.state.lac.usrcort�orationslCorp.<ssl7�'?I'i tun�l�l=d97GC�6� tom 6r'. CORPORATIONS Elaine E Marshall Secretary Corporations Home Search By Corporate Name Search For New & Dissolved Search By Registered Agent Irnoortant Notice Resale of Tickets Online Corporations FAQ Homeowners Association FAQ Tobacco Manufacturers Unincon:)orated ikon -Profits DISSOI,ltlon Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B2B Annual Reports SOSiD Number Correction 2001 Bill Summaries 1.999 Senate Bills Annual Reports 1997 Corporations 1997 Professional Corporations Register for E-Procurement Dept. of Revenue North Carolina DEPARIT F10 Box 2 ;;622 Rak '.. 94t, 27626-0622 i<:9r3,07-2007 Date: 4/30/2009 Click here to: View Document Filings I Sign Up for E-Notifications I PC, PLLC, LP and Non -Profit entities are not required to file annual reports. Corporation Names Name Name Type NC EAST CAROLINA Legal HEALTH-CHOWAN, INC. Non -Profit Corporation Information SOSID: Status: Date Formed Citizenship: State of Inc.: Duration Registered Agent Agent Name: Registered Office Address: 0469208 Current -Active 8/31/1998 Domestic NC Perpetual McRae, ©avid C. 2100 Stantonsburg Rd Greenville NC 27835 I of 2 =4/30/2009 10:51 AM CORPORATIONS Elaine E Marshall Secretary Corporations Home Search By Corporate Name Search For New & Dissolved Search By Registered Agent Irnoortant Notice Resale of Tickets Online Corporations FAQ Homeowners Association FAQ Tobacco Manufacturers Unincon:)orated ikon -Profits DISSOI,ltlon Reports Non -Profit Reports Verify Certification Online Annual Reports LINKS & LEGISLATION KBBE B2B Annual Reports SOSiD Number Correction 2001 Bill Summaries 1.999 Senate Bills Annual Reports 1997 Corporations 1997 Professional Corporations Register for E-Procurement Dept. of Revenue North Carolina DEPARIT F10 Box 2 ;;622 Rak '.. 94t, 27626-0622 i<:9r3,07-2007 Date: 4/30/2009 Click here to: View Document Filings I Sign Up for E-Notifications I PC, PLLC, LP and Non -Profit entities are not required to file annual reports. Corporation Names Name Name Type NC EAST CAROLINA Legal HEALTH-CHOWAN, INC. Non -Profit Corporation Information SOSID: Status: Date Formed Citizenship: State of Inc.: Duration Registered Agent Agent Name: Registered Office Address: 0469208 Current -Active 8/31/1998 Domestic NC Perpetual McRae, ©avid C. 2100 Stantonsburg Rd Greenville NC 27835 I of 2 =4/30/2009 10:51 AM North C;:rolin,l Stcrelary ol'State hup://w w w.sccretarv.sUite.11C.us/Cor poralioils/Cctrp..rspx'PiteInId=d976665 ONLINE ORDERS Registered Mailing Address: Start An Order Principal Office Principal New Payment Procedures CONTACT US Principal Mailing Address: Curporabons Division TOOLS Secre-ary of State f-ionic Secretary of State Site Map Printable Page Post Office Box 6028 Greenville NC 27835-6028 2100 Stantonsburg Road Greenville NC 27835 PO Box 6028 Greenville NC 27835-6028 2 of 2 11/30/2009 10:51 Ai'd Vinson, Scott From: Susan Rountree [susan.rountree@ncmail.net] Sent: Wednesday, May 05, 2009 12:34 PM To: Vinson, Scott Subject: Paradigm Dev Group LLC Mr Vinson, In regards to the RIC for Paradigm Dev Group LLC. I have also searched our Indexes and did not find any RIC recorded for Paradigm. I am replying to you because Lynn is out today. I thought you might need an answer today about the RIC. Dixon & Thompson, attorneys in Edenton, prepared the Deeds from Paradigm, so I called and talked to Susan Small, a paralegal in that office. She mentioned that I could give you their telephone number and she would discuss the problem they have were having with one of the land owners not signing the RIC. This was the hold up with the recording. Their telephone number is: 252-482-1492 and 252-482-8699. Thank you, Susan Rountree, Register of Deeds. FILED in CHOwAN County. NC on 05/14/07 at 11A54a by. SUSAN S ROUNTREE FEWSTER OF DEEM BOOK 377 PAGE 641 CHI]NAN count y LAND TRANSFER TAX 03,700.00 NC REAL PROPERTY EXCISE TAX $ 710.00 Excise Tax Recording Time, Book and Page Parcel Identifier No/:: Lt. 4: 7805-00-43-6654; Lt. 5: 7805-0043-4572 Verified by L' �GUVO County on the /4n? day of ,2007. by— 99? • TAX # 270286 $3,100.00 Mail after recording to: James L Bullock, PLLC, Attorney at Law, 600 Daventry Drive, Greenville, NC 27858 This instrument was prepared by: Samuel B. Dixon, Attorney at Law, P.O. Box 24, Edenton, NC 27932 Description for the index: Lots 4 & 5 Edenton Medical Park - Plat Cabinet 2, Slide 40-11 NO TITLE SEARCH PERFORMED BY PREPARER NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 20"' day of GRANTOR THE PARADIGM DEVELOPMENT CROUP; LLC P.O. Box 2247 Washington, NC, 27889 2007 by and between GRANTEE EAST CAROLINA HEALTH-CHOWAN, INC. r! North Carolina Non -Profit Corporation 2100 Stantonsburg Road Greenville, NC 27835 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q. corporation or partnership The designation Grantor and Grantee as used herein shall include said patties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledge, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot orparcel of land situated in the Town of Edenton, First 'Township, Chowan County, North Carolina and more particularly described as follows: Being Lots 4 & 5 of Edenton Medical Paris and shown and described on that certain plat of survey prepared by Paul J, Toti, PLS L-3953, entitled "Recombination Survey for Paradigm Development Group, LLC", dated 5/02/2007 and recorded in Plat Cabinet 2, Slide 40-H, Chowan Co. Registry, reference to which map is hereby made for a more particular description. BOOK 377 PAGE 542 The property hereinabove described was acquired by Grantor by instrument recorded in Book 352, Page 01, Chowan County Registry. TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever. Title to the property hereinabove described is subject to the following exceptions: The above described tract is subject to any easements, rights of way, declaradonsand restrictions that appear of record and to that certain easement for ingress and egress located along the rear boundary of said lots and more particularly shown on the aforementioned survey. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. THE PARADIGM DEVELOPMENT GROUP, LLC By: I/xJ�- 1 L- (�' 1 1 1 _ (SEAL} Member/Manager SrALSTAMP STATE OF NORTH CAROLINA 3 COUNTY OF CHOWAN I, ZM%e. W;Iboa a Notary Public for said County and State, do hereby certify that At 9'-C.6 Ssotl ,member/manger of THE PARADIGM DEVELOPMENT GROUP, LLC, a limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company. Witness my hand and notarial seal this the jal�I day of April, 2007, Notary Public My commission expires: q-12-ap1C? SEAL WlC�Q• '.. 4� �U T410 QU1 � �: CHOWAN Cowl y LAND TRANSFER TAX 487ELDD NC REAL PROPERTY EXCISE TAX 0176.00 FILED in CHOWAN County. NC By• S 2�N S OUNT'.10pN REGISTER OF (DEEDS Excise Tax Recording Time, Book and Page Parcel Identifier No.: - 1?M - (70'43-S-77S Verified by ehCU)M County on the L�&"b day of ry JL aL ,2007, by Ck . TAX#} a7/v3� S 8 79 " - Mail after recording to: Dixon & Thompson Law, PLLC, Anorneys at Law, P.O. Box 24, Edenton, NC 27932 This instrument was prepared by: Samuel B. Dixon, Attorney at Law, P.O. Box 24, Edenton, NC 27932 Description for the Index: Lot 3 Edenton Medical Park - Plat Cabinet 2, Slide 40-H NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 21 ' day of June, 2007 by and between GRANTOR GRANTEE THE PARADIGM DEVELOPMENT GROUP, LLC I RICH SABO ENTERPRISE, LLC P.O. Box 2247 106 w. Academy Street Washington, NC 27889 Williamston, NC 27892 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.q, corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNES SETA, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledge, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Town of Edenton, First Township, Chowan County, North Carolina and more particularly described as follows: 1 Being Lots 3 of Edenton Medical Park and shown and described on that certain plat of survey prepared by Paul J. Toti, PLS L-3953, entitled "Recombination Survey for Paradigm Development Group, LLC', dated 5/02/2007 and recorded in Plat Cabinet 2, Slide 40-11, Chowan Co. Registry, reference to which map is hereby made for a more particular description. Id p f0 C 300 PAGE 67 The property hereinabove described was ac Sur by Grantor by instrument recorded in Book 352, Page 01, Chowan County Registry. TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever. Title to the property hereinabove described is subject to the following exceptions: The above described tract issubject to any easements, rights of way, declarations and restrictions that appear of record and to that certain easement for ingress and egress located along the rear boundary of said lots and more particularly shown on the aforementioned survey. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in Its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. THE PARADIGM DEVELOPMENT GROUP, LLC By:_ I � . Cam' !� (SEAL) Member/Manager SFAI,STAMP STATE OF NORTFICAROLINA-COUNTY OFCHOWAN I, & San! J . Snlltll I, a Notary Public for said County and State, do hereby certify that B.-R. Cbe5son ,member/manger of THE PARADIGM DEVELOPMENT _LC, a limited liability company, personally appeared before me this day and acknowledged the due of the foregoing instrument on behalf of the company. band and notarial seal this the to day of Jun 2007. r qq NOt PL1bl1G sion expires: 1 !�y ^a ( SEAL Chowdn - Mozilta Firefox EM IF 7- I 1j "I X V r AP C, LIL MIQn, A I P L I -A 6..iWdL MKrosoft Excel - Star... State SW-NOV-Peffrii. State SW-NOV-Perrrii... IV) Chowan - mozda Fire... Irb.. - mrr osoft ow... 3 tflml I Al Chesson PO Box 1147 The Paradigm Development Group 315 West Main street Williamston, NC PO BOX 2247 27892 252-792-4486 Washington, NC 27889 FAX 252-792-9090 June 10, 2009 Mr. Al Hodge Regional Supervisor Surface Water Protection Section North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Subject: Permit Condition Violation Stormwater Managment Permit No. SW7060521 Edenton Medical Park Chowan County Dear Mr. Hodge: JUN 15 2009 Jim Nance PO Box 2247 136 West 2nd Washington. NC 27889 252-946-0212 FAX 252-975-6226 This letter is to respond to the Notice of Violation and to provide the plan of action we intend to implement to comply with the Permit Conditions, First, I would ask for your understanding with regard to why the deed restrictions were not originally recorded. When the Stormwater Permit was originally applied for and received, all matters concerning the permit were the responsibility of John Bassett, a former employee and then Vice President of Paradigm Development Group, LLC. Soon after receiving the permit, Mr. Bassett left our employ and was removed as Vice President of Paradigm. Unfortunately, Mr. Bassett neglected to bring to our attention the permits requirements and deadlines and so recording deed restrictions was never accomplished. Further, 1 did not receive your Notice of Violation and Notice of Intent to Enforce until May 151h of this year. I am not making excuses for our failure to record the restrictions, merely hoping that you will understand why it has not been accomplished to date, We have been working on getting Restrictive Covenants executed and recorded for quite some time. In December of 2007, Restrictive Covenants were drafted and soon thereafter forwarded for execution to Chowan Health Investors (Lot 10), University Health Systems (Lots 4 & 5) and Rich Sabo Enterprises (Lot 3). Unfortunately, in the interim, ownership of Lot 10 was transferred to WC-Chowan, LLC, which refuses to execute the restrictions prior to obtaining approval from DENR for modification of their specific lot permit (SW 7070204), which they contend is imminent. Please find attached, email correspondence from WC-Chowan's attorney stating that they intend to "join in the declarations only after we have gotten our permit modification". Once that occurs, the restrictions will be forwarded to the other property owner's for execution immediately. Assuming that modification of the permit is obtained by the end of June, we will request that execution of the Restrictive Covenant Declaration be accomplished by mid -July with recordation to take place within five (5) days thereafter by Samuel Dixon, Dixon & Thompson Law, PLLC. We will further request that Mr. Dixon furnish you with a certified copy of the recorded restrictions. We have made the owners of individual lots aware that they are required to submit to the Division of Water Quality, an application for off -site Stormwater Permit, receive approval and be permitted by the Division prior to the start of construction. Lot 5 (UHS) has received its permit and construction has been completed. James Bullock represents UHS in connection with both Lot 5 and undeveloped Lot 4 and is well aware of the permit requirements. We have also discussed these issues with Rich Sabo Enterprises (Lot 3) as well as copying all parties with this correspondence. Please'be assured that we understand the severity of this situation and are working to record the deed restrictions as quickly as possible. Thank you for your patience and understanding with this matter. Respectfully Submitted, Al R. Chesson Paradigm Development Group, LLC Enclosure: Email correspondence Cc: Property Owners James Builock- East Carolina Health-Chowan, Inc. (lots 4 & 5) PO Box 6028 Greenville, NC 27835 Marc Sabo — Rich Sabo Enterprise, LLC (Lot 3) 106 West Academy St. Williamston, NC 27892 Joseph McCullough — WC-Chowan. LLC (Lot 10) 201 S. Tryon Street, Ste. 1200, Charlotte, NC Samuel Dixon - Dixon and 'Thompson Law Firm 117 West Eden St. Edenton, NC 27932 Jeff Thompson — Hobbs Upchurch & Associates, P.A. 8262-201 Market St. Wilmington, NC 28411 Page 1 of 2 Chesson; Al From: Jeff Thompson jJThompson@hobbsupchurch.comj Sent: Wednesday, June 03, 2009 11:06 AM To: dixonandthompsonlaw@yahoo.com Cc: Chesson; All Subject: FW: Edenton Assisted Living Facility - Restrictive Covenants This is the response from Lot 10. We expect a permit to be issued any day. Jeff From: McCullough, Joseph D.[mailto:JMcCullough@nexsenpruet.com] Sent: Wednesday, June 03, 2009 11:01 AM To: Jeff Thompson; cwhite@spinnakerdevelopment.biz; Faron Cole Cc: Thomas F. Pavel; 'Sean Murphy' Subject: RE: Edenton Assisted Living Facility - Restrictive Covenants Jeff: As we originally discussed in January, two DENR permits are involved. First, we have a permit for our specific lot - you have been involved with getting a modification to the permit from DENR that will allow us to build and use an on -site BPM (consisting of a vegetated depression on the lot) which will take water from 7,019 impervious sq. ft. of our lot. The rest of the impervious sq. ft (64,115) will drain to the off -site pond that the rest of the office park uses. This permit is SW 7070204, It appears that approval of this permit is imminent. Please confirm. Once we get the DENR approval of our permit modification request we will be able to join in the Declarations for the office park. The Declarations were drafted in conjunction with the developer's Permit SV 7060521 which covers the entire office park and limits each lot to a certain impervious surface area drainage to a common pond. However, as we discussed in January, it is my opinion that we should join in the Declarations only after we have gotten our permit modification. We do not want to join in the Declarations which limit our drainage to 68,416 to the off -site pond until we have received DENR approval to our permit modification, otherwise, we will be over our allocated impervious surface. Thanks. Joe Joseph D. McCullough Nexsen fruet, LLC 201 S. Tryon Street, Suite 1200 Charlotte, NC T: 704.338.5309, F: 704.805.4708 jmccullough@nexsenpruet.com www. nexsen pruet. com NEXSEN PRUET From: Jeff Thompson[mailto:JThompson@hobbsupchurch.com] Sent: Wednesday, June 03, 2009 10:19 AM 6/7/2009 Page 2 of 2 To: cwhite@spinnakerdevelopment.biz; Faron Cole Cc: Thomas F. Pavel; McCullough, Joseph D. Subject: Edenton Assisted Living Facility - Restrictive Covenants What is the status of the restrictive covenants on the Assisted hiving lot? Jeff Robb:, Upchurch & Associates, P.A. 2262-201 Market St. Wilmington, NC 28411 Phone: (910) 686-121.2 Fax: t910) 686-11.45 CONFIDENTIAL COMMUNICATION: The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of this transmission is strictly prohibited. If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us or destroy all printed and electronic copies. Nothing in this transmission is intended to be an electronic signature nor to constitute an agreement of any kind under applicable law unless otherwise expressly indicated. Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law. IRS CIRCULAR 230 NOTICE: Any federal tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending any transaction or matter addressed in this communication. 6/7120a9 ®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 7, 2009 CERTIFIED MAIL #7007 3020 0001 8861 4737 RETURN RECEIPT REQUESTED Mr. John Bassett, VP The Paradigm Development Group, LLC PO Box 46 Dee Freeman Secretary 5� �S S Q r \ok t Lc L Edenton, NC 27932 4V VIS Subject: NOTICE OF VIOLATION and NOTICE OF INTENT TO ENFORCE �f 0\1 NOV-2009-PC-0406 ^� Permit Condition Violations Stormwater Management Permit No. SW7060521 Edenton Medical Park Chowan County ` Dear Mr. Bassett: This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 for failing; to comply with terms, conditions and limitations of a Stonnwater Management Permit. According to 15A NCAC 211 .1003(h)(4) "Any individual or entity found to be in non-compliance with the provisions of a storm water management permit or the requirements of this Section is subject to enforcement procedures as set forth in General Statue . (G.S.) 143, Article 21. On April 30, 2009, Mr. Scott Vinson of the Washington Regional Office performed a file inspection to determine the status of compliance with Stormwater Permit SW7060521. Permit Number SW7060521 was issued to Paradigm Development Group, LLC on September 21, 2006 for the modification, ownership transfer, and continued development of the high density commercial subdivision known as Edenton Medical Park in Chowan County, North Carolina. Through Chowan County's GIS web site three lots are shown to have been sold, lots 4 & 5 to East Carolina Health — Chowan, Inc, and lot 3 to Rich Sabo Enterprise, LLC. Through Chowan County's Register of Deeds Office, the properly recorded deed restrictions have not been recorded nor have those deed restrictions been submitted to this Office in accordance with said permit. Please note that lots 1 through 12 are each required to apply for and obtain an individual State Stormwater Permit prior to the start of construction. Lot 10. owned by WC-Chowan. LLC, has a current stormwater permit that is currently undergoing; a modification. The existing wet detention basin on site is not designed for any impervious area from Lots 1, 2, 11 and 12 and any future impervious area runoff should not be allowed to drain into this basin. In addition to receiving their own individual permit, these four lots (1, 2, 11 & 12) must also provide for their own individual stormwater treatment systems. North Carolina Division of Water Quality Internet: www.ncwaterguality.org 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper Nne orthCarolina naturally As a result of the DWQ file review and Chowan County's Register of Deeds Office, the following observations and violations are noted: Section II. Permit Condition 912 DWQ observed that the properly recorded deed restrictions have not been recorded. This is a violation of Permit Number SW7060521 Condition IL 12 which states: "Prior to the sale of any lot, the following deed restrictions must be recorded. a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7060521, as issued by the Division of Water Quality under NCAC 2N.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is (see attachment) 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, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Each new lot owner must receive an Off -site' State Stormwater Permit by the Division of Water Quality prior to any construction being started on the lot. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification. " Section 1I. Permit Condition #13 DWQ observed that a copy of the properly recorded deed restrictions have not been submitted to the Division of Water Quality prior to the selling of any lot..This is a violation of Permit Number SW7060521 Condition 1I. 13 which states: "A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. " Re aired Response This Office requires that you respond to this letter in writing to the address listed at the bottom of the letterhead within 30 calendar days of receipt of this Notice. Please provide a written "Plan of Action" which outlines the actions.you will take to correct the following violation(s) and a time frame for completion of those actions. a. The proper deed restrictions must be recorded for all lots and submitted to this Office. b. Individual lots that have already been sold are required to submit to the Division of Water Quality an application for an Off -site State Stormwater Permit. receive approval and be permitted by the Division prior to the start of construction. By copy of this letter to the Chowan County Inspections Office, DWQ is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for all lots within this project that does not have an individual State Stormwater Permit until this matter is satisfactorily resolved. Thank,you for your immediate attention.to this matter. -This Office is considering an enforcement action including the assessment of civil penalties regarding these violations and any continuing violations that may be'encountered. Your above -mentioned response to this correspondence will be considered in this process. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation pursuant to North .Carolina General Statute 143-215.6A. This office requires that the violations, as detailed above, be abated and properly resolved. Should you have any questions regarding these matters, please contact either Scott Vinson or myself at (252) 946-6481. Sincerely, r ti� I Al o ge, R giona upervt o}—" Surface Water Protection Section Washington Regional Office Enclosures: Copy of Stormwater Management Permit SW7060521 cc: John Hennessy- NPS-ACOU James Bowen, PE — Hobbs, Upchurch & Associates, PA Chowan County Planning & Building Inspections WaRO Files DWQ Central Files Property Owners: Marc Sabo - Rich Sabo Enterprise, LLC (Lot 3), 106 West Academy Street, Williamston, NC27892 L,�aaies Bullock — East Carolina Health-Chowan, Inc. (Lots 4&5), PO Box 6029, Greenville, Nc 27835 James Nance, Jr., Manager of Paradigm Development Group, LLC, PO Box 2247, Washington, NC 27889 DIXON & THOMPSON LAW, PLLC Samuel B. Dixon Sanford Thompson pllc Edenton Oise P.Q. Box 24,117 West Eden St. Edenton, NC 27932 242-482-8696 phone 252-482-1493 fax Al Hodge, Regional Supervisor NC DENR Division of Water Quality 943 Washington Square Mall Washington, NC 27889 EDENMN - R. LFJGH October 14, 2009 Re: Stormwater Management Permit No. SW7060521 Edenton Medical Park - Chowan Co. Dixonthompsonfile: 07-0886 Dear Mr. Hodge: Toll Free: 866-965-0101 dixonandthompsonlaw@yahoo.com V� o c T 15 ?,909 Enclosed please find a certified copy of the Restrictive Covenants for Edenton Medical Park which we have today filed of record in the Chowan Co. Register of Deeds office. It is our understanding that this filing will now bring the Paradigm project into compliance with the above -referenced Stormwater Management permit. Please let us know if you have any questions regarding this matter. With kind regards I am, Yours very truly, DIXON & THOMPSON LAW, PLLC —SamuelB'`Di�on--� SSS/ ms FILED in CHOWAN County, NC an 10/11/09 at 11,01am By'. SUSAN S RDUNTREL REGISTER OF BEDS BOOK 414 PAGE 884 PREPARED BY AND RETURN TO: Samuel B. Dixon, Attorney -at -Law Dixon & Thompson Law, PLLC P.O. Box 24 Edenton, NC 27932 STATE OF NORTH CAROLINA COUNTY OF CHOWAN DECLARATION OF COVENANTS AND RESTRICTIONS FOR EDENTON MEDICAL PARK THIS DECLARATION OF COVENANTS AND RESTRICTIONS OF THE EDENTON MEDICAL PARK (as may be amended or supplemented as set forth herein, "Declaration") is made this 315t day of July, 2009 by THE PARADIGM DEVELOPMENT GROUP, LLC, whose address is P.O. Box 2247,Washington, NC 27889 (the "Deve_loper"). WITNESSETH: W1-1EREAS, Developer is the owner and developer of certain real estate in the Town of Edenton, First Township, Chowan County, North Carolina, and more particularly shown and described on those certain maps or plats prepared by Paul J. Toti, PLS L-3953, entitled "Final Plat for Paradigm Development Group, LLC" & "Recombination Survey for Paradigm Development Group, LLC", recorded in Plat Cabinet 2, Slide 40-C and in Plat Cabinet 2, Slide 40-H, respectively, Chowan Co. Registry, reference to which maps is hereby made for a more particular description (the "Pro e " or "Project"); and WHEREAS, Developer proposes to sell and convey certain lots shown on the aforesaid plat to be used for medical arts and to develop said lots, and additional property within the development area which may be acquired by Developer, into a medical park; and 1 CERTIFIED TRUE COPY SUSAN S. FtGU dTREE L .. REGISTER OF DEEDS CHOWAN COUNT , NG DATE E Y.- BOOK 414 PAGE 885 WHEREAS, Developer, desires to impose upon such lots certain covenants to ensure ongoing compliance with State Stormwater Management Permit Number SW7060521 as issued by the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality; and WHEREAS, Rich Sabo Enterprise, LLC (owner of Lot 3), East Carolina Health- Chowan, Inc. (owner of Lots 4 & 5), WGChowan LLC (successor in title to Chowan Health Investors, LLC) (owner of Lot 10) all as depicted on the aforesaid plats and referenced to which shall be referred to herein as the "Medical Park", Branch Banking & Trust Company (Lender to The Paradigm Development Group, LLC) and Colonial Bank (Lender to WGChowan LLC), join in the execution of this document to acknowledge and subject the lots which were previously conveyed to them by the Developer to the covenants and restrictions contained herein; NOW, THEREFORE, Developer and the Parties hereto impose the following: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7060521 as issued by the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. On each lot in the Medical Park, the number of square feet per lot which may be covered by structures or impervious materials, such impervious materials to include asphalt, gravel, concrete, brick, stone, slate or similar material (not including wood decking or the water surface of swimming pools), is set forth on Schedule A attached hereto and incorporated herein by reference. 3. In the Medical Park swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. On each lot within the Medical Park, the built -upon area in excess of the permitted amount as stated herein shall require a state stormwater management permit modification prior to any construction. 5. In the Medical Park, all permitted runoff from out parcels or future development shall be directed into the permitted stormwater control system. Any and all connections to the stormwater control system shall be performed and constructed in a manner that maintains the integrity and performance of the system as permitted. 4 BOOK 414 PAGE BBfi 6. The owner of Lot No. 10, WC-Chowan, LLC, has been issued State Stormwater Management Permit Number SW 7070204MOD by the State of North Carolina, Department of Environment and Natural Resources, Division of .Water Quality which allows them to build and use an on -site BPM for additional drainage of their Iot. Notwithstanding anything herein to the contrary, compliance with the provisions and conditions of State Stormwater Management Permit Number SW 7070204MOD shall be deemed compliance with the covenants and conditions contained herein. The restrictions created in this Declaration are required by the State of North Carolina through the Department of Environment and Natural Resources (DENR) Division of Water Quality. In the event the State of North Carolina through DENR increases the amount of land permitted to be covered by impervious materials then in such event, the limitations construed herein shall be adjusted without further amendment hereto. IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year first above written. THE PARADIGM DEVELOPMENT GROUP, LLC By: l C - vti✓ Member/ Manager RICH SABO ENTERPRISE, LLC By: Member/ Manager WC-CHOWAN LLC By: Wakefield Capital, LLC,, its Manager : BAe_z�� Y Se n P. Murphy, Vice -President EAST CAROLINA HEALTH-CHOWAN, INC. By: Chairman of the Board 3 BOOK 414 PAGE 887 BRANCH BANKING AND TRUST COMPANY COLONIAL BAN !,, By: (Vice) Preside STATE OF NORTH CAROLINA COUNTY OF CHOWAN 1, C J=1k ], G, V tU 11U" a Notary Public for said County and State, do hereby certify that _ tft \ U�K_�`� �[_ 1 ___ member/manger of THE PARADIGM DEVELOPMENT GROUP, LLC, a limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company. Witness my hand and notarial seal this the 0 day of4, 2009. My commission expires: DAD SEAL STATE OF NORTH CAROLINA COUNTY OF CHOWAN Notary Public = /i,: -� I, Notary Public for said County and State, do hereby certify that &�j2 rjL EQ _ , member/manger of RICH SABO ENTERPRISE, LLC, a limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company. A +— Witness my hand and notarial seal this the e! day of-� aZ 2009. 4 BOOK 414 PAGE BBB My commission expires: Feb - o'er. ado► I SEAL STATE OF NORTH CAROLINA COUNTY OF P,41 1, �rYlLlu qSi r�e�'_ _ , A Notary Public of County; North Carolina, do hereby certify that Dave C. McRae, personally came before me this day and acknowledged that he the Chairman of the Board of EAST CAROLINA HEALTH-CHOWAN, INC., a North Carolina Corporation, and that by authority duly given and as the act of the Corporation, executed the foregoing on behalf of the Bank. Witness my hand and notarial seal this they day of +tm009. No Public •+++++�y��s��a,�, My commission expires: d 013 SEAL STATE OF o CITY/COUNTY OF a Notary Public for said County and State, do hereby certify that Sean P. Murphy, Vice President of Wakefield Capital LLC, the Member/Manager of W-C CHOWAN LLC, a limited liability company, personally appeared before me this day and acknowledged the due execution of the' foregoing instrument on behalf of the company. Witness my hand and notarial seal this the 1 day of 2009. 5 BOOK Ill PAGE V C •`��;�;oM *� ' ublic o My commission expires:-y 5 •��}� = �pTA1�y SEAL _ DUBL`G Fxp�res . R: STATE OF NORTH CARDLINA COUNTY OF C "C"F76(j]N A Notary Public of maj-A� n County, North Carolina, do hereby certify that personally trine before me this day and acknowledged that he/she is the tLP__ :, f BRANCH BANKING AND TRUST COMPANY, a North Carolina Corporation, and that by authority duly given and as the act of the Corporation, executed the fore aing� on behalf of the Bank. Witness my hand and notarial seal this the:17 day of ;2QQ9. 0, •�7, :l cam'inisSW ires: AL" c, . STATE OF ALABAMA \(Di14-i 1 COUNTY OF JEFFERSON �Nota�ryPubhc I, A Notary Public of Jefferson County, Alabama, do hereby certify that Meredith Davis, personally came before me this day and acknowledged that she is the Senior Vice President of COLONIAL BANK, a state banking corporation, formerly known as Colonial Bank, N.A., and that by authority duly given and as the act of the Corporation, executed the foregoing on behalf of the Bank. �- A [W�ss my hand and notarial seal this the 141:� iay of�, 2009. No Public 7. BOOK 414 PAGE 890 SCHEDULE "A" SUMMARY OF IMPERVIOUS AREA FOR DEED RESTRICTIONS Lot Lot Area Impervious Percent 1 43,733 0 0% 2 61,081 0 0% 3 46,841 28,500 61 % 4 41,093 30,820 75% 5 33,897 25,423 75% 6 59,783 35,000 59% 7 31,937 20,750 65% 8 29,876 19,500 65% 9 51,062 33,000 65% 10 118,556 71,134 60% Dixonthompsonfile: 07 0886 r c W&Tln MC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 7, 2009 CERTIFIED MAIL #7007 3020 0001 8861 4737 RETURN RECEIPT REQUESTED Mr. John Bassett, VP The Paradigm Development Group, LLC PO Box 46 Edenton, NC 27932 Subject: NOTICE OF VIOLATION and NOTICE OF INTENT TO ENFORCE NOV-2009-PC-0406 Permit Condition Violations Stormwater Management Permit No. SW7060521 Edenton Medical Park Chowan County Dear Mr, Bassett: This letter is to notify you that you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 for failing to comply with terms, conditions and limitations of a Stortnwatcr Management Permit. According to 15A NCAC 2H .1003(h)(4) "Any individual or entity found to be in non-compliance with the provisions of a storm water management permit or the requirements of this Section is subject to enforcement procedures as set forth in General Statue . (G.S.) 143, Article 21. On April 30, 2009, Mr. Scott Vinson of the Washington Regional Office performed a file inspection to determine the status of compliance with Stormwater Permit SW7060521, Permit Number SW7060521 was issued to Paradigm Development Group, LLC on September 21,'2006 for the modification, ownership transfer, and continued development of the high density commercial subdivision known as Edenton Medical Park in Chowan County, North Carolina. Through Chowan County's GIS web site three lots are shown to have been sold, lots 4 & 5 to East Carolina Health — Chowan, Inc, and lot 3 to Rich Sabo Enterprise, LLC. Through Chowan County's Register of Deeds Office, the properly recorded deed restrictions have not been recorded nor have those deed restrictions been submitted to this Office in accordance with said permit. Please note that lots 1 through 12 are each required to apply for and obtain an individual State Stortwater Permit prior to the start of construction. Lot 10, owned by WC-Chowan, LLC, has a current storinwater permit that is currently undergoing a modification. The existing wet detention basin on site is not designed for any impervious area from Lots 1, 2, 11 and 12 and any future impervious area runoff should not be allowed to drain into this basin. In addition to receiving their own individual permit, these four lots (1, 2, 11 & 12) must also provide for their own individual stormwater treatment systems. North Carolina Division of Water Quality Internet: www.ncwaterguality.org 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946.9215 An Equal Opportunity/Affirmative Action Employer - 50% Recycledll0% Post Consumer Paper Nne orthCarolina Naturallb, As a result of the DWQ file review and Chowan County's Register of Deeds Office, the following observations and violations are noted: Section 1I. Permit Condition #12 DWQ observed that the properly recorded deed restrictions have not been recorded. This is a violation of Permit Number SW7060521 Condition 11.12 which states: "Prior to the sale of any lot the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7060521, as issued by the Division of Water Quality under NCA C 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. c. These covenants are to run with the land and be binding on all persons and parties claiming under them, d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f, The maximum built -upon area per lot is (see attachment) 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, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Each new lot owner must receive an Off -site State Stormwater Permit by the Division of Water Quality prior to any construction being started on the lot. h. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. i. Built -upon area in excess of the permitted amount will require a permit modification." Section II. Permit Condition #13 DWQ observed that a copy of the properly recorded deed restrictions have not been submitted to the Division of Water Quality prior to the selling of any lot. This is a violation of Permit Number SW7060521 Condition 11, 13 which states: "A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. " Required Response I. This Office requires that you respond to this letter in writing to the address listed at the bottom of the letterhead within 30 calendar days of receipt of this Notice. Please provide a written "Plan of Action" which outlines the actions you will take to correct the following violation(s) and a time frame for completion of those actions. a. The proper deed restrictions must he recorded for all lots and submitted to this Office. b. Individual lots that have alreadv been sold are required to submit to the Division of Water Quality an application for an Off -site State Stormwater Permit, receive approval and be permitted by the Division prior to the start of construction. 4i By copy of this letter to the Chowan County Inspections Office, DWQ is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for all lots within this project that does not have an individual State Stormwater Permit until this matter is satisfactorily resolved. Thank you for your immediate attention to this matter. This Office is considering an enforcement action including the assessment of civil penalties regarding these violations and any continuing violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. Please be advised, these violations and any continuing or future violations are subject to a civil penalty assessment of up to S25,000.00 per day for each violation pursuant to North Carolina General Statute 143-215.6A. This office requires that the violations, as detailed above, be abated and properly resolved. Should you have any questions regarding these matters, please contact either Scott Vinson or myself at (252) 946-6481, Sincerely, r Al -loge, R giona�upervi Surface Water Protection Section Washington Regional Office Enclosures: Copy of Stormwater Management Permit SW7060521 cc: John Hennessy- NPS-ACOU James Bowen, PE — Hobbs, Upchurch & Associates, PA howan County Planning & Building Inspections aR0 Files DWQ Central Files Property Owners, Marc Sabo - Rich Sabo Enterprise, LLC (Lot 3), 106 West Academy Street, Williamston, NC27892 James Bullock — East Carolina Health-Chowan, Inc. (Lots 4&5), PO Box 6028, Greenville, Nc 27835 James Nance, Jr., Manager of Paradigm Development Group, LLC, PO Box 2247, Washington, NC 27889 r- (Domestic Only; m Irl- For�defivery information visit 0FFI� CL USE cp Postage $ Certified Fee IeO r9Return Receipt Fee a(Endorsement Required) ORestricted Delivery FeeO(Endorsement Required)O Total Postage & Fees �+ tj M m To N . MR JOHN BASSETT VP r-3 s`ireei, THE PARADiGN DEVELOPMT GROUP--------- aPO rPO BOX 45--------- cr>,, st! EDENTON NC 27932 TIR Dobbs, Upchurch & Associates, P.A. Consulting Engineers J9 2522 S. Croatan Highway • Suite 2A • P.O. Drawer 1929 • Nags Head, North Carolina 27959 January 18, 2007 Scott Vinson NCDENR - WRO 943 Washington Square 1�;lall Washington, NC 27889 RL: Partial Certification — Edenton Medical Park Previous Application No. SW7060521 Dear Mr. Vinson: JAN 19 2007 Per our conversation the week of January 8, 2007 we are submitting this partial certification for the above project. The pond has currently been grading to the plan requirements. The existing outfall structure remains. The proposed outfall structure is currently under construction and should be completed with 2-3 weeks. Once completed the Designer's Certification form will be submitted once all measures have been installed. We appreciate your help in permitting this project. Please contact me if you have any questions or require any additional information. Sincerely, HOBBS, UPCHURCH & ASSOCIATES, P.A. ic Bowen, P.E. t Manager Nags Head, NC • Telephone 252-441-3913 • Fax 252-441-2100 4- e-mail: info@hobbsupchurch.com Southern Pines - Myrtle Beach • Raleigh • Charlotte OFFICE USE ONLY Date Received Fee Paid Permit Number Q State of North Carolina SWACK 9/1/0(to Department of Environment and Natural Resources y _ Division of Water Quality FillfrJ STORMWATER MANAGEMENT PERMIT APPLICATION FORM--p 0 12006 This form may lte photocopied for use as an original I. GENERAL INFORMATION W t. Applicants name (specify the name of the corporation, individual, etc. who owns the project): �J ► PARADIGM DEVELOPMENT GROUP, LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): JOHN BASSETT, VICE PRESIDENT 3. Mailing Address for person listed in item 2 above: PO BOX 46, 1774 OCEAN HIGHWAY SOUTH City: EDENTON State: NC Zip: 27932 Telephone Number. { 252 l 482-5966 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specinrations, letters, operation and maintenance agreements, etc.): ` EDENTON MEDICAL PARK 5. [ocation of Project (street address): CLAIRE DRIVE City: EDENTON County: CHOWAN 6. Directions to project (from nearest major intersection): FROM US 17 NC 32 INTERSECTION GO SE & TAKE 2ND RIGHT ONTO CLAIRE DR. SITE IS JUST AROUND THE BEND ON THE RIGHT, 7. Latitude: 36-04-14.7N Longitude: 76-36-55.8W of project 8. Contact person who can answer yuestions'about the project: Name: JAMES BOWEN, PE Telephone Number: ( 252 ) 441 —3913 IL PERMIT INFORMATION: I. Specify whether project is (check one): New Renewal X Modification -#� per I ;+ 50701111 13f Form SWU-101 Version 3.99 Page 1 of 4 Z,1/�nr+ '^^�=i el 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number _ SW7041 1 1 3 and Its issue date (if known) 4 4 2005 3. Specify the type of project (check one): Low Density X _,High Density __Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): �CAMA Major X Sedimentation/Erosion Control �404/401 Permit _NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION I. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing starmwater management for the project. STORMWATER IS ROUTED TO A FOREBAY OF A PERMANENT WET POND AND SLOWLY RELEASED. 2. Stormwater runoff from this project drains to the PEMBROKE CREEK River basin. 3. Total Project Area:.. 24.1-, _ ._. _acres 4. Project Built Upon Area:_____40 5. How many drainage areas does the project have? 20 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the Information for each area provided in the same format as below. Basin lnfonnatlan Drainage Area 1 Drainage Area 2 Receiving Stream Name SEE ATTACHED SPREADSHEET Receiving Stream Class FOR THIS INFORMATION Drainage Area Existing Impervious* Area Proposed Impervious'Area % Impervious' Area (total) Impervious' Surface Area Drainage Area 1 Drainage Area 2 On -site Buildings On -site Streets On -site Parking On -site Sidewalks Other on -site Off -site Total: Total: Impervious area is defined as the built Upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU- 101 Version 3.99 Page 2 of 4 7. How was the off -site impervious area listed above derived? EVALUATION FIELD, SURVEY AND ON —SITE IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot, if lot sizes vary significantly, a table listing each lot number. size and the allowable built -upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, back, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable Items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. Please indicate that you have provided the following required Information by initialing In the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form JHB • One copy of the applicable Supplement Form(s) for each BMP JHB • Permit application processing fee of $420 (payable to NCDENR) JHB • Detailed narrative description of stormwater treatment/management JHB • Two copies of plans and specffications, including: JHB - Development/Project name - Engineer and firm - Legend - North arrow - Scale - Revision number & date - Mean high water line . - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site). drainage easements, pipe sizes, runoff calculations Drainage areas delineated Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide Information on your behalf. please complete this section. Designated agent (individual or firm):_ , PARADIGM DEVELOPMENT GROUP, LLC Mailing Address: PO BOX 46 City: EDENTON Phone: ( 252 1 482-5966 Vlll. APPLICANT'S CERTIFICATION State: NC Fax: ( 252 Zip:, 27959 482-5996 1. (print or type name Operson listed In General Information, item 2) TOH#4 -e• DMS EM certify that the information included on this permit application form is, to the best of my knowledge. correct and. that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded. and that the proposed project complies with the requirements of 15A NCAC 21-1.1000. 6 Signature: __e"'__ __ Date: e12044 Form SWIJ-101 Version 399 Page 4 nf4 Michael F. Easley, Governor William C. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources . Alan W. Klimek, P.E. Director Division of Water Quality September 12, 2006 SW jo� U S D, I Mr. John Bassett The Paradigm Development Group, LLC P.O. Box 46 423 S. Broad Street V1 WJ r ® Edenton, NC 27932 " 1 3 2006 SUBJECT: Acknowledgment of Receipt of Payment Case No. CV-2006-0015 Iv7 W WARD Edenton Medical Park Chowan County Dear Mr. Bassett: This letter is to acknowledge receipt of check # 850 from AR Chesson Construction Co. in the amount of $1,708.35 received on September 11, 2006. The balance of the penalty is $0.00. This payment satisfies in full the civil assessment in the amount of $1,708.35 levied against The Paradigm Development Group, LLC. This enforcement case has been closed. Payment of this penalty in no way precludes further action by this Division for continuing or future violations. You are encouraged to contact Al Hodge with the DWQ Washington Regional Office at (252) 946-6481 for any questions regarding the compliance of the site. If you have any questions please call me at (919) 733-5083 ext. 360 or Shelton Sullivan at (919) 733- 5083 ext. 544. Sincerely, rfin,l Wf� Priscilla L. Benson NPS Assistance & Compliance Oversight Unit CC' Al Hodge — DWQ Washington Regional Office Supervisor NPS Assistance & Compliance Oversight Unit File Copy DWQ Central Files taWtCarolina rldff North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwaterouality.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal opporlunitylAffirmative Action Employer— 50% Recycledli 01% Post Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary 412", North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 7, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 0100 0000 8379 4041 Mr. John Bassett, Agent The Paradigm Development Group, LLC P.O. Box 46 423 S. Broad Street Edenton, NC 27932 SUBJECT: Assessment of Civil Penalties The Paradigm Development Group, LLC Edenton Medical Park Chowan County Case No. CV-2006-0015 Dear Mr. Bassett: This letter transmits notice of a civil penalty assessed against The Paradigm Development Group, LLC in the amount of $1,708.35, which includes $208.35 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new vioiation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: Mr. Shelton Sullivan NC DWQ — Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR North Carolina Division of Water Quality Internet: One 943 Washington Square Mall Phone (352) 946.6481 NO hCarolina Washington, NC 27889 Fax 12321946-9213 Aaturally 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver form and the attached "Justification for Remission Request" which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Shelton Sullivan NC DWQ — Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 C, AND Mail or hand -deliver a copy of the petition to: Ms. Mary Penny Thompson NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 And to: Mr. Shelton Sullivan NC DWQ -- Wetlands & Stormwater Branch —NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations that occur after the review period of this assessment. If you have any questions, please contact me at (252) 948-3844. Sincerely, Al Hodge, Regional Supervisor Surface Water Protection Washington Regional Office Division of Water Quality ATTACHMENTS cc: WARO -Files DWQ - Wetlands & Stormwater Branch - NPS Assistance & Compliance Oversight Unit DWQ - Central Files Susan Massengale, PIO STATE OF NORTH CAROLINA COUNTY OF CHOWAN NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Case No. CV-2006-0015 IN THE MATTER OF: ) THE PARADIGM DEVELOPMENT GROUP, LLC ) EDENTON MEDICAL PARK ) FINDINGS AND DECISION AND ASSESSMENT OF FOR VIOLATIONS OF ) CIVIL PENALTIES 15A NCAC 2H .1003 Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,1, Al Hodge, of the Division of Water Quality (DWQ), make the following: FINDINGS OF FACT: A. The Paradigm Development Group, LLC has developed a site known as Edenton Medical Park located on Claire Drive in Edenton, NC.. B. On May 4, 2006, DWQ Washington Regional Office received a stormwater name change permit application for SW7041113 from Judy Adams and The Paradigm Development Group, LLC. Permit SW7041113 covered some roadway improvements and some lots but the development activities at Medical Arts Drive and the Chowan Assisted Living Facility were not included in permit SW7041113. C. On June 29, 2006, DWQ staff from the Washington Regional Office inspected - the Edenton Medical Park site and observed that a roadway (Medical Arts Drive) had been rocked and concrete footings for a proposed Chowan Assisted Living Facility had been poured. This development activity resulted in an increase in impervious surface at this site or otherwise decreased the infiltration of precipitation into the soils. D. For development activities located within the 20 coastal counties, a State Stormwater Management Permit is required by NCGS 143-215.1 and 15A NCAC 2H .1003 for development activities that require a Coastal Area Management Act Major Permit or an Erosion & Sedimentation Control Plan. E. Chowan County is a Coastal County as defined by 15A NCAC 2H .1002(4). F. The land disturbances associated with the Edenton Medical Park site requires an Erosion & Sedimentation Control Plan - The Paradigm Development Group, LLC Chowan County Case No. CV-2006-0015 Page 2 of 3 G. The Division of Land Resources received an Erosion & Sedimentation Control Plan for the site on May 16, 2006. The plan was approved on June 12, 2006. H. The Paradigm Development Group, LLC failed to obtain a State Stormwater permit prior to construction of impervious surfaces. I. The cost to the State of the enforcement procedures in this matter totaled 208.35. Based on the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. The Paradigm Development Group, LLC is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. Chowan County is a coastal county as -defined by 15A NCAC 2H.1002(4). C. The Paradigm Development, LLC is engaging in development activity at this site, which requires an approved Erosion & Sedimentation Control Plan. D. The Paradigm Development Group, LLC violated 15A NCAC 2H .1003 by failing to secure a Stormwater Management Permit prior to development of the project known as the Edenton Medical Park site. E. The Paradigm Development Group, LLC may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. F. The Paradigm Development Group, LLC may be assessed civil penalties pursuant to G.S. 143-215.6A (a)(6) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) dollars per violation may be assessed against a person who violates a rule of the Commission implementing this part, Part 2A of this Article, or G.S. 143-355(k). G. The State's enforcement cost in this matter may be assessed against The Paradigm Development Group, LLC pursuant to G.S. 143- 215.3(a)(9) and G.S. 143B-282(b)(8). H. Al Hodge, of the Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. The Paradigm Development Group, LLC Chowan County Case No, CV-2006-0015 Page 3 of 3 Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION - Accordingly The Paradigm Development Group, LLC is assessed a civil penalty of. $1,500 for violating 15A NCAC 2H .1003 by failing to obtain a stormwater management permit from the Division of Water Quality for the development of the Edenton Medical Park site. $1,500 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A. $208.35 Enforcement costs.. $1,708.35 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered the factors set out in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying. or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures a Date A] Hodge Division of Water Quality JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: CV-2006-0015 County: Chowan Assessed Party: The Paradigm Development Group, LLC Amount Assessed: $1,708.35 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited -to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide.a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CHOWAN IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINSTRATIVE HEARING AND THE PARADIGM DEVELOPMENT GROUP, LLC } STIPULATION OF FACTS EDENTON MEDICAL PARK ) } } FILE NO. CV-2006-0015 Having been assessed civil penalties totaling $1,708.35 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 7, 2006, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of . , 20 0110 j"LIl:00 ADDRESS TELEPHONE NORTH CAROLINA DIVISION OF WATER OUALITY Violator: The Paradigm Development Croup, LLC County: Chowan County Case Number: CV-2006-0015 Permit Number: SW7060521 (Edenton Medical Park) ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; Inadequately treated stormwater can potentially add pollution to the waters of the State. 2) The duration and gravity of the violation; Unknown when construction began but erosion control plan approved June 12, 2006. 3) The effect on ground or surface water quantity or quality or on air quality; Potential to introduce pollutants to waters of the state. 4) The cost of rectifying the damage; Unknown. 5) The amount of money saved by noncompliance; Cost of delayed construction and the cost of constructing adequate stormwater treatment measures. 6) Whether the violation was committed willfully or intentionally; Willful and intentional has not been demonstrated. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and No previous assessments. 8) The cost to the State of the enforcement proe dures. �Q $208.35 cy /0 Date Al Hodge Regional Supervisor Washington Regional Office REMISSION FACTORS {) Whether one or more of the civil penalty assessments factors were wrongly applied to the detriment of the petitioner; {) Whether the violator promptly abated continuing; environmental damage resulting from the violation; {) Whether the violation was inadvertent or a result of an accident; {) Whether the violator had been assessed civil penalties for any previous violations; and O Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date Alan W. Klimek, P.E. February 28, 2006 Pat McClain, P.E. Regional Engineer NCDENR - Washington 943 Washington Square Mall Washington, NC 27889 SUBJ: Erosion & Sedimentation Control Plan Assisted Living Facility Town of Edenton, Chowan County Dear Mr. McClain: MAR 0 6 2006 LOAD QUALFY SECT-;G'�a WASHINGTON REG10rIAL OFFICE Cbowan Health Investors, LLC is granted permission to prepare and submit (on their behalf) an Erosion and Sedimentation Control plan for land disturbing activities to be conducted on my pr rty. Said property being described in deed book_ and pageiaW of the �Aexua&2 County register. PAI AD160 DEVe LoPAIFA i LLC (Landowner of Record -Printed Name) STATE OF NORTH CAROLINA COUNTY OF ! Aezzz�_ /,andowner of Record -Signature) I, 6t,4, a (2. F�� a Notary Public for said County and Stale, do hereby certify that Q, personally appeared before me this day and being duly sworn, s�jated that in lus presence signed the forezoina instrument. Witness my hand and official seal, this the vti nj day of _ -01" , 2006. ,,+��tildlddd,� p, A. Eial Seal) /01 & � s Notary PublicpTA,yy' Cornmi sion Expires U - n 11 B�-��' tio' ,,,qtv coUo',,��' drdr+tir r — r rq N =FNALA., USE rn co Postage $ i23 Certlffed Fee O rAfostnmrk p Retum Receipt Here Fee �c' {Endorsement Required) 4 G 1:3 Resfficted 4eS[very Fee w V � -(£ndorsementRequlred) O rf Total Postage & Fees Q t br a sent o Mr. John Bassett, Agent sir hpt N The Paradigm Development Group LLC arAOBoxm PO Box 46 city, Nie,'2 423 S. Broad Street Edenton, NC 27932 s r OF VdA rF9 G o -c July 3, 2006 CERTIFIED MAM RETURN RECEIPT REQUESTED 7006 0100 0000 8384 3732 Mr. John Bassett, Agent The Paradigm Development Group, LLC PO Box 46 423 S. Broad Street Edenton, NC 27932 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director . Division of Water Quality Subject: NOTICE OF VIOLATION / NOTICE OF RECOMMENDATION FOR ENFORCEMENT Stormwater Project SW7060521 Edenton Medical Park Chowan County Dear Mr. Bassett: This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering taking an enforcement action for a violation of 15 A North Carolina Administrative Code 2H .1000. This regulation states that a stormwater permit is required for any development activities in a Coastal County which require a Sedimentation/Erosion Control Plan. A file review has confirmed that this development required an ' erosion and sediment control plan approval, is located in a coastal County, and is therefore required to have a State stormwater permit. On June 29, 2006 Mr. Roger Thorpe of this office inspected the site. This inspection revealed that a roadway (Medical Arts Drive) had been rocked. This roadway is located off Clair Drive in Edenton, NC. This activity constitutes development activity which requires a state stormwater permit. A name change permit application was received by this office on May 4, 2006 to reissue permit SW7041113 to your company. It is our understanding that you have purchased this property from Judy Adams. Permit SW7041113 issued to Judy Adams did not include the construction of Medical Arts Drive. Therefore a stormwater permit has not been issued for the construction of this project. Please be advised that this development activity without a valid permit is a violation of 15A NCAC 2H .1003 and may subject you to appropriate enforcement actions in accordance with North Carolina General Statute 143- 215.6A which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who fails to secure a permit. If you have an explanation for this violation that you wish to present, please respond to the Washington Regional Office within 10 days after receipt of this Notice. Your explanation will be reviewed and considered when making a determination whether to proceed with the enforcement action. If you have any questions regarding this matter please call me or Roger Thorpe at (252) 946-6481. incerely odge,Zionil Supervisor Surface Water Protection Washington Regional Office cc: Chowan County Inspections Hobbs, Upchurch & Associates Shelton Sullivan North Carolina Division of Water Quality Internet: www.ncwaterquality.ore One 943 Washington Square Mall Phone (252) 946-6481 NorthCarolina Washington, NC 27889 Fax (252) 946-9215 Naturally ly An Equal OpportunitylAffirma9ve Action Employer-- 50% Recyded110% Post Consumer Paper �/ Y Fi ru CERTIFIED MAIL,, RECEIPT m I r` (Domestic !rn For delivery information visit our website at www.usps.conin /,� rn co Pia $ , 3 Sar S o cerllned Fee �� pReturn Receipt Fee b aV �h (Endorsement Requlred) q d RBSUicted Delivery Fee (Endorsemend Requln#)co (]� �/�.16 Total Postage & Fees o Sent To MR JOHN BASSETT, AGENT fl _ THE PARADIGM DEVELOPMENT GROUP, LLC wraora PO BOX 46 city, sre 423 S. BROAD STREET -••----- EDENTON NC 27932 `n k� UNITED STATES POSTAL SERVICE ROCKY • Sender: Please print your name, address, and ZrpqnriFthis box N. C. Department of Environment & Natural Resources Washington Regional Office DWQISurface Water Protection 943 Washington Square Mall Washington North Carolina 27889 O�oF WArFROG Michael F. Easley Governor William G, Ross Jr., Secretary 1 Department of Environment and Natural Resources 0 11mmmalft'.—� `Z* Alan W. Klimek, P.E. Director June 23, 2006 MEMORANDUM: To: Al Hodge From: Scott Vins Division of Water Quality Subject: Chancellor Health Services Assisted Living Project in Chowan Co., NC. On February 16, 2006 I met with Mr. Jeff Thompson, PE of Hobbs, Upchurch & Associates to discuss three projects. One of the three projects discussed was the new project named "Chancellor Health Services Assisted Living" located in Edenton, NC off Hwy 17, in Chowan County. Several issues were discussed in this meeting, among them was the need to delineate wetlands on -site and the use of an off -site engineered treatment system, ie wet detention pond, to treat runoff from this site. It was explained during the meeting, by Mr. Thompson, that the property for the Chancellor Health Services Assisted Living project was now owned by Mr. A.R. Chesson. It was and is currently part of the SW7041113 permit issued to Ms. Judy Adams on April 4, 2005. It was explained to Mr. Thompson that there would first have to be a Modification/Name/Ownership Change stormwater application submitted to DWQ showing the new ownership of property. Next it was asked by Mr. Thompson if they could use the wet detention pond that was permitted under SW7041113, to treat the runoff from the new Assisted Living project. I told them they could as long as the owner Ms. Judy Adams applied for and received a modification to her permit SW7041113 that both showed the new ownership of this portion of the project and the modified design of the wet pond to include the addition of the Assisted Living stormwater runoff. Once this modification was issued to Ms. Adams, the Division would entertain the submittal by Mr. Chesson of an "Off -Site Stormwater Application" to review and permit, which would cover the construction and drainage of the newly proposed Assisted Living project. July 20, 2006 Hobbs, Upchurch & Associates, P.A. Consulting Engineers 2522 S. Croatan Highway • Suite 2A • P.O. Drawer 1929 • Nags Head, North Carolina 27959 7 JUL � 0 2006 Al Hodge Regional Supervisor DWQ_WARO 943 Washington Square N4all Washington, NC 27889 RE: Application No. SW7041113 — Filbert's Creek Apartments Modification Dear N1r. Hodge: I would like to give you an update on the Edenton Medical Park project. All work on the project has stopped, including any roadwork and building foundation work. We have scheduled the preliminary application meeting for the submission of the Express permit for the expansion of the .vet detention basin for August 1, 2006. This was the earliest available date. We hope that this will satisfy your concerns over the work that has been done to date. If there are further issues regarding your above referenced letter please let me know. We appreciate your help in permitting this project. Please contact me if you have any questions or require any additional information. Sincerely, HOBBS, UPCHURCH & ASSOCIATES, P.A. A 4mesBowen, P.E. Project NT-inaoer Cc: John Bassett, Paradigm Development Group PO Box 46 Edenton, NC 27932 Nags Head, NC • Telephone 252-441-3913 • Fax 252-441-2100 • e-mail: info@hobbsupchurch.com Southern Pines • Myrtle Beach • Raleigh • Charlotte FINANCIAL RESPONSIBILITYIOWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT EXPRESS PERMITTING OPTION No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if the question is not applicable or the e-mail and/or fax information unavailable, place NIA in the blank.) Part A. 1. Project Name Proposed 60 ;Bed Facility for Chowan Health Investors, LLC Location of land -disturbing activity: County Chowan City or Township Edenton Highway/Street Claire Drive Latitude 36 04' 17" N Longitude 76 36' 51" W 3. Approximate date land -disturbing activity will commence: March 1 2006 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Institutional 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas)! 4.0 acres 6. Amount of fee enclosed: $ 1200 . The Express Permitting application fee is a dual charge. The normal fee of $50.00 per acre (rounded up to the next acre) is assessed without a ceiling amount. In addition, the Express Permitting supplement is $250.00 per acre up to eight acres, after which the Express Permitting supplemental fee is a fixed $2,000.00 (Example: 9 acres total is $2,450). Has an erosion and sediment control plan been filed? Yes No Enclosed X, Person to contact should erosion and sediment control issues arise during land -disturbing activity: Name Jeff Thompson E-mail Address_ ithompson(d,)hobbsupchurch.com Telephone 910-692-5616 Cell # 919-215-9169 Fax # 910-692-4795 Landowner(s) of Record (attach accompanied page to list additional owners): The Paradigm Development Group, LLC Name PO Box 1147 Current Mailing Address 252-792-4486 252-792-9090 Telephone Fax Number 315 West Main Street Current Street Address Williamston NC 27892 Williamston NC 27892 City State Zip City State Zip 10. Deed Book No. 1 5 q_ Page No. 8 Provide a copy of the most current deed. Part B. 1. Person(s) or firm(s) who are financially responsible for the land-disturbingi e—a __ -_ comprehensive list of all responsible parties on an attached sheet): D [ U w l �I Chowan Health Investors LLC cwhite spin nakerdevelomet. Name E-mail Address ' FEB 2 .1 2006 46 Third Street NW Current Mailing Address Hickory NC 28601 City State Zip Current Street Address WASHINGTON REGiC?Nv-11- 0'i=1Cc City State Zip Telephone 828 994-0384 Fax Number (828) 322-9598 2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina Agent: Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Telephone Fax Number (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Telephone Fax Number (c) In order to facilitate Express Permitting, it is necessary to be able to contact the Engineer or other consultant who can assist in providing any necessary information regarding the plan and its preparation: Hobbs, Upchurch & Associates _ Engineering Firm or other consultant Jeff Thompson - Individual contact person (type or print) ithompsonCcDhobbsupchurch.com E-mail Address 910-692-5616 Telephone 910-692-4795 Fax Number The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney -in - fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there by any change in the information provided herein. Charles E.-TreftaK Type or ri Signature If Manager Title or Authority Date a Notary Public of the County of z"r State of North Carolina, hereby certify that C3�22\ z s - ._ ��� 5 appeared personally before me this day and being duly sworn acknowledged that the above foi`r� was executed by him. Witness my h and notarial seal, this �V' day of ��ba.,,�R.� _, 20 fl(o ��� •( D • (,q /ii �� •. d Notary qp C) �1CO N,`;.�. My commission expires 0 Hobbs, Upchurch & Associates, P.A. Consulting Engineers 2522 S. Croatan Highway • Suite 2A - P.O. Drawer 1929 - Nags Head, North Carolina 27959 July 7, 2006 RIECENED Al Hodge JUL 1 12006 Regional Supervisor pp���� p� 943 Washington Square Mall DWQ—WAR® Washington, NC 27889 R F,: Ann iratir rn No, SW7041.11 3 _ Fdbf-rt's C rr,Ok partrnfc nt� Dear Mr. Hodge: ' We have received your letter dated July 3, 2006 in regards to the Edenton Medical Park. We are proposing to modify permit number SW7041113. This permit was a modification of permit number SW7040418. The original permit was for the extension of Claire Drive. Permit SW7041113 was for the Filbert's Creek Apartments. The permit application will be for the remainder of the development. This will include approximately 11 lots associated with medical offices. Currently there is one proposed occupant that will be an assisted living facility, Lot 10. We plan to submit the modification, via express permitting, on July 14,2006. An Erosion and Sedimentation Control Plan permit has already been issued, Plan No. Chowa-2006-008. A sewer extension permit has also been issued under WQ0030382. A waterline extension is currently under review at NC Public Water Supply, 06-01079. If there are further issues regarding your above referenced letter please let me know. We appreciate your help in permitting this project. Please contact me if you have any questions ul: ie a is 'nsiy addi6caial Sincerely, HOBBS, UPCHURCH & ASSOCIATES, P.A. JAssven, P.E. Project Manager Nags Head, NC - Telephone 252-441-3913 • Fax 252-441-2100 • e-mail: info@ hobbsupchurch.com Southern Pines - Myrtle Beach • Raleigh • Charlotte 0I Hobbs, Upchurch & Associates, P.A. Consulting Engineers 2522 S. Croatan Highway • Suite 2A • P.O. Drawer 1929 • Nags Head, North Carolina 27959 August 25, 2006 Scott Vinson `~ NCDENR-WRO 943 Washington Square Mall Washington, NC 27889 SEP 0 12006 RE: Permit Modification — lilbert's Creek Apartments 1' J^'' " , ' " u� � Previous Application No. SW7041113 `' y Dear Mr. Vinson: Enclosed is a permit modification for the above referenced project. We are proposing to modify permit number SW7041113. This permit was a modification of permit number SW7040418. The original permit was for the extension of Claire Drive. Permit SW7041113 was for the Filbert's Creek Apartments. •leis permit modification will be for the remainder of the development. 'Phis will include approximately 9 lots associated with medical offices. The modification is to increase the size of the pond. The permanent pool was sized for to achieve 90% removal of TSS. A forebay is included that is 19% of the permanent pool volume. Stormwater improvements for lots 1 and 2 will drain to a future stormwater measure located in the eastern end of lot 2 called "Reserved for future drainage easement". The future use and layout for lots 3 — 9 are not known at this time. For design purposes we have assumed impervious areas for lots 3 — 9 that will equate to 65% impervious. Lot 10 is going to be an assisted living facility and Hobbs, Upchurch and Associates have prepared site plans. No impervious area has been allocated for lot 12. When lot 12 is developed a stormwater management measure will be located near the southern corner of the parcel or it may drain to the stormwater measure designed with lots 1 and 2. An Erosion and Sedimentation Control Plan permit has already been issued, Plan No. Chowa-2000-008. A sewer extension permit has also been issued under WQ0030382. The NC Public Water Supply has issued a waterline extension, PWS# 00-01079. Nags Head, NC • Telephone 252-441-3913 • Fax 252-441-2100 • e-mail: info@hobbsupchurch.com Southern Pines • Myrtle Beach • Raleigh • Charlotte We appreciate your help in permitting this project. Please contact me if you have any questions or require any additional information. Sincerely, HOBBS, UPCHURCH & ASSOCIATES, P.A. —'-L�L mes Bowen, P.E. Project Manager NCDENR North Carolina Department of Environment and Natural Resources �I !1 943 Washington Square Mall, Washington NC 27889 (252) 946-6481 FAX (252)975-3715RP 0 k 2006 Request for Express Permit Review ,;�-� �► FILL-IN all information below and CHECK required Permit(s). Please include this with the application package upon submittal. Project application received after 12 noon will be stamped in the following workday. Thank you! Lyn Hardison lyn.hardison@ncmail.net APPLICANT Name JOHN BASSETT, VICE PRESIDENT Company PARADIGM DEVELOPMENT GROUP, LLC Address —PO BOX 46 City/State EDENTON Zip 27932 Phone 252-482-5966 Fax 252-482-5996 Email JOHN@ARCHESSON.COM PROJECT Name EDENTON MEDICAL PARK County CHOWAN PROJECT LOCATION ADDRESS CLAIRE DRIVE ENGINEER/CONSULTANT JAMES BOWEN Company—HOBBS, UPCHURCH AND ASSOCIATES' Address —PO BOX 1929 City/State NAGS HEAD Zip_27959� Phone_252-441-3913 Fax 252-482-2100 Email—JBOWEN@HOBBSUPCLiURCH.COM State or National Environmental Policy Act (SEPA, NEPA) -- EA or EIS Required ❑Yes ® No ❑ STREAM ORIGIN Determination; # of Stream calls; Stream Name ® STORMWATER ❑ Low Density ® High Density -Detention Pond ❑ High Density -Other ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site PROJECT SYSTEM(S) TRIBUTARY TO PEMBROKE CREEK STREAM NAME CHOWAN RIVER BASIN ❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ LAND QUALITY ❑ Erosion and Sedimentation Control Plan with acres to be disturbed. CK # ❑ WETLANDS (401) ❑ No Wetlands on Site (letter from COE) ❑Wetlands Delineated/No JD ❑ Greater than 0.1 AC Wetlands Impacted ❑Jurisdictional Determination has been done ❑ Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted CIRCLE YIN: 401 Application ❑Yes ❑ No 404 Application in Process wlUSCOE ❑Yes ❑ No The legislation allows additional fees, not to exceed 500% of the original Express Review permit application fee, to be charged for subsequent reviews due to the insufficiency of the permit applications. For DENR use only CHECK # SUBMITTAL DATES: Fee Split for multiple permits: SW 9 — 1 - n-G $ 4M, 0 CAMA $ LQS $ 401 $ Total Fee Amount $ REMOVED tm V. WAFLr MAY �0 fi Michael F. t:aslcy. Govcmor g �+ William C. Itass Jr., secretary North C:anlitna Depattmcnt of unvironrncnl and Naturtl It"Itrrem - DWQ-WARD ALut W. KlirneA. P.H. liircclnr Division of Wacti Quality SURFACE WATER PROTECTION SECTION PERM I`i' NAMEIOWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate. of Coverage In - K- 7 0 4 1 1 1 3 N C [: ICI I f li. Permit status ELLE to status change. a. Permit issued to (company naive): Judy H.E. Adams 1i b. Person legallyresponsiblc forpernmit: -Judy H.E. Adams First I Nil I Last Owner . 1>c P.O. Box 467 r Permit Holder NtailingAddrms Edenton NC27932 -- — — p g City Slate Zip (252) 482-3238 ( ? is `—��� f'irouc F ui c. Facility natmmc (discharge): Judy Adams Roadway Im rovements d.l:acilit address: ress: - Claire -Drive -Address. Edenton NC 27932 City sl:ua zip c. Facility contact person: Gary L. Morton, P.E. (919 )872-6464xl5 First / Nil I Last Phone HL Please provide the following for the requested change (revised permit). a. Request for change is a result of: ail Change in ownership of the facility �4 Nanlc change of the facility or owner If other please uplain: b. Permit issued to (company name): Paradigm Development Group, LLC - - c. Person legally responsible for permit: John Bassett First I MI Lust Agent — Tide P.O. Box 46 Permit Holder Mailing Address Edenton NC 27932 City stale Zip ( 252) 482-5966 Thane r E-mail Address d. hacility name (discharge): Edenton Medical Park c. Facility address: Claire Drive Address Edenton NC 27932 City Slate 'Lip f. facility contact person: j-0h-Dr _BgsSett Firsl ! MI I last (2 2) 482-5966 john0archesson.com ERrrnrc Ei-rrla i I � A�i�lrws r; Revised 70(M i i t_; i Ott :� .0 . _ PERMIT NAMEJOWNERSHIP CHANGE FORM Page 2 of 2 IV. Perinit contact information: (if different from the person legally responsible for the permit) Permit contact: First / Mi / Lasi Mailing A City State Zip Phone 1--mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? N Yes ❑ No (plc-ase explain) V1. Required Iteins: HILV APPLICATION WILL SF. RETURiVED UNPROCESSED IFITr-'4fSARh 1iVCOiVPL ETE OR MIS.'UNG: 4 This completed application is required for both name change and/or ownership change requests. &I' Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient fur an ownership change. .....................................................................•......►......................• The certifications below must be completed and signed by hallo the permit holder prior to the change, and the new applicant in the case of an ownership change request. Fora name change request, the signed Applicant's Certification is Sufficient. PERMITTEE CERTIFICATION (Perinil holder prior /o ownership change): 1, _Judy_Adams anest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this applicatiun are itul cumpleted and that if all required supporting information is not included; this application package will be returned as incomplete. Signcuure Date APPIACANT CERTIFICATION: I, John_ Bassett _ , attest that this application for a nano:/owncrship change has been reviewed and is accurate and complete to the best of my knowledge. 1 understand that if ail required parts of this application are not completed and that if all required supporting; information is not included, this application pack c will be returned as incomplete. Si giiaturt' Date PLEASE SENT) THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Stirface Water Protection Section 1617 Mail Service Ccnter Raleigh, North Carolina 27699-1617 Revised 7/.005 Apr 28 06 07:52a AR CHESSON CONSTRUCTION C 252-482-5996 p.2 Rpr 26 2006 5:99 HP LRSERJET FRX 25279290SO p.1 M DEED PREPARED BY A. TRAVIS :EL.IS, AlTORNEY�-AT-LAW, 214 SOUTH BROAD STREET, POST OFFICE BOX 275, EDENTON, NORTH CAROLINA 27932 MAIL AFTER RECORDING TO: LAW OFFICE OF A. TRAVIS ELLIS POST OFFICE BOX 275 EDENTON, NORTH CAROLINA 27932 PIN NO.: TRANSFER NO.: - 10,000. STATE OF NORTH CAROLINA IOU 4101 "al 70: i4��,'IT►1 THIS'DEED, made this the Zd day of February, .2006, by and between 3UDY H. ADAMS, AS A FREE-TRADER, party of the fiat part, t. THE PARADIGM DEVELOPMENT GROUP, LLC, whose mailing address is Post Office. Box 1147, Wiiliamston, North Carolina 27932, party of the second part: WITNESSErH: That for and in consideration of the sum of Ten Dollars and other considerations in hand paid by the party of the second part to the party of the first part; receipt of wNch .is hereby acknowrledged, the said' party of the first part has bargained, sold and conveyed and by.these presents does bargain, sell and convey unto the said Apr 28 06 07:52a AR CHESSON CONSTRUCTION C 252-482-5996 p.3 Rpr 28 2006 5:38 HP LASERJET FAX 2527929030 p.2 party of the second part and its successors and assigns, the following described land, to -wit: . All those certain -lots or parcels of land located in the Town of Edenton, Chowan County, North Carolina, designated as Lot 1 containing 20.60 acres, more or less, and Lot 2 containing 3.14 acres, more or less, by coordinate method, -and being more particularly described on a plat of survey entitled "Property Being Conveyed To Paradigm Development' Group, LLCM' dated January 17, 2005. and as revised January 31, 2006 and recorded ]h Plat Cabinet . Slide of the Chowan County Public Registry. SUBJECT. -TO that Drainage Easements in favor of the Town of Edenton as more particulaHy shown on a plat of survey recorded In Plat Cabinet 2, Slide 17-F of the Chowan County Public Registry. Said easements are further depicted or shown map :of survey recorded In Plat Cabinet , Slide of the Chowan County Public Registry. TO HAVE AND -TO HOLD in the aforesaid lands with all rights and privileges thereunto belonging or in anywise appertaining unto the said party of the second part and its successors and assigns, in fee simple forever. And the said party of the First part for herself, her heirs and personal repressentatives covenant to and with the said parry of the second part and its successors and assigns, that she Is seized of said lands. In fee simple and have a good right to convey the same in fee simple; that the said lands are free and clear of all encumbrances, SAVE AND EXCEPTING rights of ways for highways and public utilities and ad valorem taxes for the year 2006 and subsequent years, and that sire will forever warrant and defend the title to the same. against the lawful claims of all persons whomsoever. Apr 26 06 07:52a AR CHES50N CONSTRUCTION C 252-482-5996 p.4 Apr 26 200S 5:39 HP LASERJET FRX 2527929090 p.3 IN wrrNESS WHEREOF, the said party Of. the first part have hereunto set her hand and seal, this the day and year first above written. " W. STATE OF -�1091H C.*RouaA _ COUNTY OF CHA�J I, : Of t s Eu.ti S Notary Public, for G9ow0W _County, State of g •4* do hereby certify that ]UDY IFI: ADAMS, this day personally appeared before me and acknowledged the due execution of the foregoing �. Instrument for the purposes therein expressed... Witness my hand and official seal, this the ' 2da' f February, 2005. Notary Public My Com. Expires: 4/Zi54jj:aIj (NOTARIAL. SEAL) Sellers Id Seller's Id k TRW ELttS . IIDTi1RY PU8i1C - �R{B �fiUlQ . SF� F]�A� AFtnlB� Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources June 8, 2006 Ms. Judy H. E. Adams P.O. Box 467 Edenton, NC 27932 Subject: Stormwater Name Change SV 7041113 Judy Adams Roadway Improvements & Filbert Creek Apts. Chowan County Dear Ms. Adams: Alan W. Klimek, P.F. Director Division of Water Quality This office received a Coastal Stormwater name change permit application for the subject project on May 4, 2006. A review of our files indicates that we have not received an engineer's certification that the stormwater treatment units were constructed in accordance with the approved plans. Condition II 6. requires that upon completion of construction and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with the permit, approved plans and specifications, and other supporting documentation. In addition the copy of a deed submitted with the application indicated that 23,74 acres of property were sold while permit SW7041113 issued April 4, 2005 covers a site containing 35.18 acres. Please explain. We cannot reissue the permit in the new owners name until the required certification is received and the discrepancy in property size is resolved. The above requested information must be received in this office prior to July 8, 2006 or your application will be returned as incomplete. The return of these projects will necessitate resubmittal of all required items including any required application fees. If you need additional time to submit the required information, please mail or fax your request for time extension to this office at the Letterhead address. If you have questions, please feel free to contact me at (252) 948-3923. Sincerely, oger K. Thorpe Environmental Engineer Washington Regional Office cc: Paradigm Development Group, LLC Washington Regional Office North Carolina Division of Water Quality Internet wuw.netsateryuali[Y.ork 943 Washington Square Mail Phonc (252) 946-64811 Washington, NC 27889 ,Fax (252) 946-9215 NorthCarolina Naturally An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper Aug 07 06 03;56p p 4 Rug 07 06 03;07p yHunter Civil Technologies 919 1372 6494 P-� December 16, 2005 To: Washington Regional. Office 943 Washington Square Mall Washington, NC 27889 Attu: Division of Water Quality Subject: Permit number SW7041113 Judy Adams Roadway Improvements & Filberts Creek Apartments High Density Storrnwater Project Chowan County I, Gary Lee Morton, as a duly registered Professional Engineer in the State of North Carolina, have been authorized to observe periodically the constniction of the project, Judy Adams Roadway Improvements & Filberts Creek Apartments High Density Stormwater Project Chowan County, for project owner Judy Adams, hereby state that to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifcarions, and other supporting documentation. signanee:4�v)��4n. Registration number. Date: —14 SEA- = j V a MAY 18 2006 FINANCIAL RESPONSIBILITYIOWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT R p� p'e son'�mayZin late any land -disturbing activity on one or more acres as covered by,the Act before this formand an acceptable erosion and sedimentation control plan have been compl, Land Quality Section, N.C. Department of Environment and Natural Resources. { _ o =- tun� =i the question is not applicable or the a -mail and/or fax information unavailable, place in the blank.) i Part A. MAY 16 2006 1. Project Name Edenton Medical Park—� 2. Location of land -disturbing activity: County Chawan City orTow hi LAND QUALITY SECTION OFFICE. Highway/Street Claire Drive Latitude 36:03:45 N Longitude 76:36:50 W 3. Approximate date land -disturbing activity will commence: June 1, 2006 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Commercial 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 5.9 6. Amount of fee enclosed: $ 300.00 The application fee of $50.00 per acre (rounded up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $450). 7. Has an erosion and sediment control plan been filed? Yes No Enclosed X 8. Person to contact should erosion and sediment control issues arise during land -disturbing activity: Name John Bassett E-mail Address iohn archesson.com Telephone 252-482-5966 Cell # 252-809-3448 Fax # _ 252-482-5996 _ 9. Landowner(s) of Record (attach accompanied page to list additional owners): _The Paradigm Development Group_LLC Name PO Box 46 Current Mailing Address 252-482-5966 252-482-5996 Telephone Fax Number 423 S. Broad Street Current Street Address Edenton NC 27932 Edenton NC 27932 City State Zip City State Zip 10. Plat Cabinet #2 Slide #28G 'rovide a copy of the most current deed. Part B. 1. Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on an attached -sheet): The Paradigm Development GrouP LLC Name PO Box 46 Current Mailing Address iohnCcaarchesson.com E-mail Address 423 S. Broad Street Current Street Address Edenton NC 27932 Edenton NC 27932 City State Zip City State Zip Telephone 252-482-5966 Fax Number 252-482-5996 2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina Agent: Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Telephone Fax Number (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: John Bassett Name of Registered Agent PO Box 46 Current Mailing Address Edenton NC 27932 City State Zip Telephone 252482-5966 iohn@archesson.c_om E-mail Address 423 S. Broad Street Current Street Address Edenton NC 27932 City State Zip Fax Number 252-482-5996 The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Persson).. I agree to. provide corrected information should there by any change in the information provided herein. John Bassett Agent Type or int name Title or Authority Jr09 OC ignature Dat 1, zatu LALD a Notary Public of the County of �- State of North Carolina, hereby certify that �_ - appeared personally before me this day and being my sworn acknowledged that the above form was executed by him. Witness my hand and notarial seal, this day of , 2012(4 • L1SA'4. Nora Notary 0 8gal 4 - p 008 -oG „ My commission expires A �'I� 3, 2 IL E State of North Carolina Department of Environment and Natural Resources Washington Regional Office Michael F. Easley, Governor . William G. Ross, Jr., Secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION June 12, 2006 LETTER OF APPROVAL WITH -MODIFICATION The Paradigm Development Group, LLC :::: -.-. : _....... _. ATTN: Mr. John E. Bassett, Agent. Post Office Box-46 . on, North Carolina 27932..": RE:- Erosion and Sedimentation Control Plan No. Chowa-2006' • cos Edenton Medical Park off NC 32 and US 17 - Chowan County - .River Basin: Chowan Date Received: May 16, 2006 Responsible Party: The Paradigm.Development Group,. LC.... _ r Dear. Sir: This office has completed its review of.the erosion.and sedimentation control plan for the referenced 5.9 acre disturbance. Based on the information provided, we -have determined the submitted plan for the grading associated with the construction of a road, installation of utilities, preparation of a commercial lot and enlarging of the stormwater pond, if -properly implemented and responsibly maintained, should meet the intent and minimum requirements of. the Act. We, therefore, issue this LETTER OFAPPROVAL WITH the following MODIFICA'.10N No earthen material is to be transported outside the "Limits of Construction" unless either a revised erosion and sedimentation control plan has been approved by this office or a North Carolina. Mining Permit has been issued. . In 1973, -the Sedimentation Pollution Control Act (copy available upon request) was enacted. It established a performance oriented program with the OBJECTIVE. of - PREVENTING SEDIMENT DAMAGE to adjoining properties and/or natural resources resulting from land disturbing activities through the use of reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site conditions, during the course of the project. AS THE DECLARED RESPONSIBLE PARTY, YOUR LEGAL RESPONSIBILITY is'to understand the Act and comply with the following minimal requirements of the Act and the above listed modifications (if any): d�. 943 Washington Square Mall, Washington. North Carolina 27889 Telephone 252-945 6481, FAX 252-975-5715 An Equal Qpporsuniry Employeer 50%recyclec1101,; Post -consumer pacer The Paradigm Development Group, LLC ATTN:. Mr: John E. Bassett, Agent June 12, 2006 Page 2 -- an erosion and sedimentation control plan is only valid for 3 years following the date of initial approval, if no land -disturbing activity has been undertaken; -- the LATEST APPRO soil erosion and sediment control plan will be used during inspection to determine compliance and a copy of the plan must be.on file at -the job site; - -- erosion and sediment control measures or devices are to be installed to safely withstand the runoff f,�`' resulting from a 10 year storm event - 6.5 - 7 inches in 24 hours -or -at the rate of 6.5 - 7 inches in 1 hour. - :°:` unless the off -site borrow and%r disposal sites are identified in the erosion control.pi ii,, no. earthen.material is to be brought on or...removed from the project - , - -- except in the case of a storm related emergency, a revised erosion and = -sedimentation control plan must be submitted to and approved by this office prior to initiating any significant changes in the construction, grading or drainage plans; a buj, j`er zone; sufficient to restrain visible sedimentation, must be provided and maintained between the land -disturbing activity and any adjacent -property or watercourse; . . -- new or affected cut.or filled slopes must. beat an angle that can be retained by vegetative cover, AND must bg provided with a Bound cover sufficient .-to restrain erosionj�Q�pletion ef gay phase (r{tgh �f"inall.,of emding. (,�t'E_GRASS IS NOT in the APPROVED seeding specifications 'A is it an ACC-E_RTAsubstitute. for the providing of a temporary ground cover); -- the CERT,CATE OF PLAN APPROVAL must .be -posted at the primary .entrance to the job:.site.and remain until the site is permanently stabilized, unless a temporary, manufactured, lining material has been specified, a - clean straw mulch must be applied, at the minimum rate of 2 tons/acre, to all seeded areas. The,mulch must cover at least 75% of the seeded area........-. after it is either'tacked, with an acceptable tacking material, or crimped in place; -- in order to comply with the intent of the Act, the scheduling of the land - disturbing activities is to be such that both the area of exposure and the The Paradigm Development Group, LLC ATTN: Mr. John E. Bassett', Agent June 12, 2006 Page 3 time between the land disturbance and the providing of a ground cover is minimized; -- a gennanent ground cover. sufficient restrain erosion, must be provided within the shorter -of 15 working or 90 calendar days after completion of construction or development on any portion of the tract -SDI in the 'APPROVED seeding specifications is it an ' ~~ A1,CCF,�,�'TASLE substitute for the providing of a nurse cover for the permanent grass cover); and, this approval is based, in part, on the accuracy of the information provided A. in the Financial ResponsibilitylOwnership form submitted with the project plans. You are 'required to file an amended form if there is any. change in :. the. information included on-: the. form. This approval,an&:the financial.; :. responsibility/liability cited in it does not automatically transfer. . with, a, - change in project ownership. Be advised that to ensure compliance with the approved plan and the ' program requirements, unannounced periodic inspections will be made. If it is determined that the implemented plan- is inadequate, this office may require the installation of additional measures and/or that the plan be revised to comply with state law. (Note: Revisions to the scopeof this project without prior approval of the plan showing the changes can be. considered a:violation).7:..:: Failure to comply with any part.of the approved plan or:with any requirements:of.this prograin could result in the taking of appropriate legal action (civil or criminal),. against the financially responsible parry (Paradigm Development Group, LLC). Some options are Stop Work Orders -and . the assessing of a civil penalty of up to $5000 for the initial violation plus up to $5000 per day for each day the site is out of compliance. -, In.recognizing the desirability of early coordination of sedimentation control, we believe: it would :be beneficial for you and your contractor to arrange a preconstruction conference to. discuss the requirements of the approved erosion and sedimentation control plan. Prior to beginning this project, YOU ARE REQUIRED TO either CONTACT THIS OFFICE TO, ADVISE Asir. Eric Pare (252'946-6481, ext. 3858) OF THE CONSTRUCTION START-UP DATE; contractor and on -site contact person OR complete and return the attached Project Information Sheet to the above named. Acceptance and approval of this plan is conditioned upon -your compliance with Federal . . and State water quality laws, regulations and rules. In addition, --the land disturbing activity described in this plan may also require approval or permitting from other agencies - Federal, -.State or local. These could include the U.S. Army Corps. of Engineers under Article 4.0.4. ,jurisdiction, the Division of Water Quality - Surface Water Section under stormwater regulations (contact the Stormwater group at 252-946-6481), county, city or town agencies under other local ordinances, or other approvals that may be required. This alpnroval does not supersede any of v e r The Paradigm Development Group, LLC ATTN: Mr. John E. Bassett, Agent June 12, 2006 Page 4 Please be advised that all land -disturbing activities affecting 1 or more acres are required to have a (Federal) NPDES permit. Enclosed is the Construction Activities General NPDES Permit - NCGO10000 for this project. The responsibility for understanding and complying with this permit rests with you, the financially responsible party. Be aware that failure to comply with this permit could result in both the State and Federal governments taking appropriate legal action. Contact the Division of Water Quality - Surface Water Section at (252) 946-6481 should you have any questions regarding monitoring and record keeping requirements df:the: permit - Sincer y, C � Patrick:H. IvlcClai,: PE' _ _.. ..: ..gir�er-..:.,.,::.:-:. 'n .1 w— tg '1` . k A",09 'is OW k k 1 I 4 S■ ,y, Olt • Ch � _�� Ear � '� y � �1 ti k nweo00M I Q A!/?I ,OV ' CW0?1 VIMJNIA ' Z£ ON EDENTON MEDICAL PARK )F Ep O C 0 COWTVY O CARO NA Hobbs, Upchurch & Associates, PA CwwhY vE, mvrs. SOUTHERN PINES, NC — CFWRLOTTE, NC — NAGS BEAD, NC lqj WVWLE BEACH, SC — BEAUFORT, SIC '2522 S. Crouton Hwy„ Sw%'2ti Naga Head, North Comina 27959 phone: (252) 441-3913 - For. (252) 441-21D0 ' E '� k REVISIONS Tm ��+ �W IVY DRAINAGE PATTERN' PLAN l40 -'- r f r�0� 1 0 r It• r C I+rlr I,JLI+I e�ii % Ole i I� rn 0 Lj I/ i N p REVISIONS C: � EDENTON MEDICAL PARK NJ Hobbs, Upchurch & Associates, P.A. srM. oescRlariora DATE ar Consulting Englneers ITOWN OF QENTON. CHOWAN COUNTY NORTH CAROLINA SOUTHERN PINES, NC - CHARLOTTE, NC - NAGS HEAD, NC N o MYRTLE BEACH, SC - BEAUFORT, SC 8 PROPOSED- DRAINAGE PATTERN PLAN. 2522 S. Croalan Hwy., Suite 2A, Nags Head, North Carolina 27959 `� p Phone: (252) 441-3913 -_Fox: (252) 441-2100 a 8 I� /'�C��y r� I■ / C V�C:.t'� � I■ -------------------- or 4-7 R b"'IN Q` I 4�4 4. I T �0 4 1.11M I I \T - I I b 4 AIM,0Z1 avow VINNJNIA - U IN � m Z sv�°� 03 N N e $ ao m e� 4 E9 ro o ° EDENTON MEDICAL PARK TOWN OF WENTON. CHOWAN COUNTY NORTH CAR LINA � Hobbs, Up church & Associates, P.A. Carnulflnp Enpineeais SOUTHERN PINES, NC - CHARLOTTE, NC - NAGS HEAD, NC MYRTLE BEACH. SC - BEAUFORT. SC 2522 S. Crootan Hwy., Suite 2A, Nogs Head, North Carolina 27959 Phone: (252) 441-3913 - Fax: (252) 441-2100 , b p ' REVISION$ Svu, DESCRIPTION DATE sr EXISTING DRAINAGE PATTERN PLAN