SW7010905_HISTORICAL FILE_20090313

STORMWATER. DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
DOC DATE
_2fly fi 3z?p
YYYYMMDD

THOMAS ENGINEERING, PA
CIVIL ENGINEERING.LAND DEVELOPMENT.PROJTCT MANAGEMENT
US MAIL
To. NCDENR
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Al Hodge
Re: State Stormwater Permit Name Change
Sellhorn Heights Phase IV
Craven County
2000-014
Dear Al,
March 11, 2009
MAR 13 2009
Please find enclosed the ownership change forms along all documentation required to
change the owner name for Sellhorn Heights Phas IV Sections 1-5 permits (State Permits
SW7010905 & SW7030720) in New Bern, North Carolina.
Please review and let me know if you have any questions, concerns, or need additional
information.
Thank you,
&"" � "�+
Bobby Billingsley, PE
[e-mail]
Enclosures
309,WetcalfStreet.P.0. Box 1309-New Bern, NC28563
Phone: [phone].Fax: [phone]t'ebsite: 7homasEngineeringPA.com

THOMAS ENGINEERING, PA
CIVIL ENGI EERING*I AND DEVELOPMENT.PRO.JECT MANAGEMENT
US MAUL February 24, 2009
To: NCDENR
Division of Water Quality
943 Washington Square mall
Washington, NC 27889
Re: Sellhorn Heights Phase Four Sections 1 & 2 State Stormwater Permit No. SW7010905
Sellhorn Heights Phase Four Sections 3, 4, & 5 & Two State Stormwater Permit No. SW703720
New Bern, Craven County, NC
Dear Sirs,
Please find enclosed for your files the Engineer's Certifications for the referenced projects along with
copies of the recorded "Declaration of Covenants, Conditions, Restrictions, and Easements".
For Sellhorn Heights Phase Four Sections 3, 4, & 5 & Two State Stormwater Permit No. SW703720,
Section Four was platted as parts of Section Three and Five.
If you have any questions or comments, please do not hesitate to call.
Sincerely,
Johvv G. Thoma k
John G. Thomas, PE
johnthomas u,thomasengineeringna.com
Enclosures U`4
309 ,Wetcalf.Street.P.0. Box 1309.Ne�s, Bern, NC 28563
Phone: [phone].Fax: [phone],'ebsite: ThomasEngineeringPA.com

0�,,,,g TF9 F r
+ pG Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
p -t Alan W. Klimek, P.E. Director
Division of Water Quality
DIVISION OF WATER QUALITY
August 15, 2002
Mr. Richard Sellhorn
2000 Airport Road
New Bern, NC 28562
Dear Mr. Sellhorn:
Subject: Stormwater Permit No. SW7010905
Sellhorn Heights, Phase 4
High Density Stormwater Project
Craven County
The Washington Regional Office received the completed
Stormwater Application for the subject project on July 30, 2002.
Staff review of the plans and specifications has determined that
the project, as - proposed, will comply with the Stormwater
Regulations set forth in 'Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW7010905 dated August 15, 2002, to Mr. Richard
Sellhorn.
This permit shall be effective from the date of issuance until
August 15, 2012 and shall be subject to the conditions and
limitations as specified therein. Please pay special attention to
the Operation and Maintenance requirements in this permit. Failure
to .establish an adequate system for operation and maintenance of
the stormwater management system will result in future compliance
problems.
If any parts, requirements, or limitations contained in this
permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30)-days
following receipt of this permit. This request must be in the form
of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447.
Unless such demands are made this permit shall be final and
binding.
943 Washington Square Mail Washington, N.C. 27889 Telephone [phone] FAX [phone]

Mr. Richard Sellhorn
August 15, 2002
Page Two
It you have any questions, or need additional information
concerning this matter, please contact Bill Moore at (252) 946-
6481, extension 264..
Sincerely,
Jim Mulligan
Water Quality Regional Supervisor
Washington Regional Office
cc: -. ho�as Engineering
Craven County Inspections
Washington Regional Office
Central Files

i
State Stormwater Management Systems
Permit_NQ._SW7010905
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143,
General Statutes of North Carolina as amended, and other applicable
Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Mr. Richard Sellhorn
Craven County
FOR THE
construction, operation and maintenance of stormwater management
systems in compliance with the provisions of 15A NCAC 2H.1000
(hereafter referred to as the "stormwater rules") and the approved
stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of
Water Quality and considered a part of. this permit for grassed
swales and a wet detention pond system to serve Sellhorn Heights
Subdivision, Phase 4, located near New Bern, NC.
This permit shall be effective from the date of issuance until
August 15, 2012 and shall be subject to the following specified
conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and
volume of stormwater described in the application and other
supporting data.
2. This stormwater system has been approved for the management of
stormwater runoff as described on page 4 of this permit, the
Project Data Sheet.
3. Approved plans and specifications for this project are
incorporated by reference and are enforceable parts of the
permit. _
3

DIVISION OF WATER QUALITY
PROJECT DATA
Project Name: Sellhorn Heights, Phase 4
Permit Number: 'SW7010905
Location; Craven County
Applicant: Mr. Richard Sellhorn
Mailing Address: 2000 Airport Road
New Bern, NC 28562
Application Date: 9/06/01 - original
7/30/02 - complete
Water Body Receiving Stormwater UT-Brices Creek
Runoff:
Classification of Water Body: SC
Total Site Area: 14.49 acres
Total Impervious
Surfaces allowed: 4.30 acres
Pond/Basin Depth:
Required Surface Area
( SA/ DA) :
Provided Surface Area:
Required Storage volume:
Provided Storage Volume:
Controlling Orifice:
4
5.0 ft
5818 sf
6264 sf
12, 132 cf
12, 528 cf
1.25 - inch diameter

4. No homeowner/lot owner/developer shall be allowed to fill in,
alter, or pipe any vegetative practices (such as swales) shown
on the approved plans as part of the stormwater management
system without submitting a revision to the permit and
receiving approval from the Division.
5. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size
b . Project name change.
C. Change of ownership
d. Redesign.or addition to the approved amount of built -upon
area
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions
to the project should require a modification to the permit.
6. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the
permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director
for modifying the site to meet minimum requirements. The
permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have
been made.
II. SCHEDULE OF COMPLIANCE
1. The permittee will -comply with the following schedule for
construction and maintenance of the stormwater management
system.
a. The stormwater management system shall be constructed in
its entirety, vegetated and operational for its intended
use prior to the construction of any built -upon surfaces
except roads.
b. During construction, erosion shall be kept to a minimum
and any eroded areas of the system will be repaired
immediately.
2. The facilities must be properly maintained and operated'at all
times. The approved Operation and'Maintenance Plan must be
followed in its entirety and maintenance must occur at the
scheduled intervals.
3. The permittee shall at all times provide the 'operation and
maintenance necessary to assure the permitted stormwater
system functions at optimum. efficiency including, but not
limited to:
5

a. Semi-annual scheduled inspections (every 6 months)
b. Sediment removal
C. -Mowing and revegetation of side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved
plans' and•specifications
f. Debris' removal •and unclogging of outlet structure,
orifice device'and catch basins and piping.
4. Records of maintenance activities must be kept and made
available upon request to authorized personnel of DWQ. The
records will indicate the date,. activity, name of person
performing the work and what actions were taken.
5. This permit shall become voidable unless the facilities are
constructed in accordance with the conditions of this permit,
the-. approved plans and specifications, and other supporting
data.
6. Upon completion of construction and prior to operation of this
permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that
the permitted facility has been installed in accordance with
this permit, the approved plans and. specifications, and other
supporting documentation. Mail the Certification to the
Washington Regional office, 943 Washington Square Mall,
Washington, North Carolina,.27889, attention Division of Water
Quality.
7. A copy of the approved plans and specifications shall be
maintained on file by the Permittee for a minimum of five
years from the date of the completion of construction.
III. GENERAL, CONDITIONS
1. This permit is not transferable. In the event there is a
desire for the facilities to change ownership, or there is a
name change of the Permittee, a formal permit request must be
submitted to the Division of Water Quality accompanied by an
application fee, documentation from the parties involved, and
other supporting materials as may be. appropriate. The
approval of this request will be. considered on *its merits and
may or may not be approved.
2. Failure to abide by the conditions and limitations contained
in this permit may subject the Permittee to enforcement action
by the Division of Water Quality, in accordance with North
Carolina General Statute 143-215.6(a)..to 143-215.6(cj.
6

3. The issuance of this permit does not preclude the Permittee
from complying with any and all statutes, rules, regulations,
or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
4. In the event that the facilities fail to perform
satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as
the construction of additional or replacement stormwater
management systems.
5. The permit may be modified, revoked and reissued or terminated
for cause. The filing of a request for a permit modification,
revocation and reissuance or termination does not stay any
permit condition.'
r
4
Permit issued this the 15 th day of August, 2002.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT C0"ffSSION
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7010905
7

r
I
Sellhorn Heights, Phase 4
New Bern, NC
Grassed Swales & Wet Detention Pond System
Stormwater Permit No. SW7010905
Designer's Certification
I, as a duly
registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically/weekly/full time)
the construction of the project, -
(Project)
for (Project Owner)
hereby state that to the best of my abilities, due care and
diligence was used in the observation of the project construction
such that the construction was observed to be built within
substantial compliance and intent of 'the approved plans and
specifications.
Signature
Registration Number
Date
0

(Page 1 of 3)
s r
IRM11111011Mta 1111
I'An* ID: GOODOO943315 Tvoe: CAA
Accorded: 03/03/2006 at 03:55:12 PH
fee AM: 220.00 Page 1 of 3
VE tis• Tax: $0.00
Craveny, NC
Becky RIOfRPson Rapieter of Deeds
eK2423 Q71
O
X
NORTH CAROLINA
w
tRAVEN COUNTY
THIS DEED, made andentered Into this the _r day of If6(61tC1L— 2006, byand between
WARRANTY DEED
SELLHORN-SCHEPER, L.L.C., a North Carolina limited liability company, hereinafter referred to as Grantor and
SELLHORN HEIGHTS, PHASE FOUR, HOMEOWNERS ASSOCIATION, INC., a North Carolina nonprofit corporation,
Of 3940 E. US 70 Highway, New Bern, North Carolina 28560, hereinafter referred t0 a5 Grantee:
WITNR6SETW.
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, 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 Number Seven (7) Township, Craven County, North
Carolina and more particularly described as follows:
TRACT ONE (Parcel ID 7-103.1-OOF):
Being all of that portion of that street known as "Sellhorn Boulevard" as same are shown and
delineated on a map entitled, "FINAL PLAN OF SELLHORN HEIGHTS PHASE FOUR - SECTION ONE,
A PLANNED UNIT DEVELOPMENT CITY OF NEW BERN" prepared by Brad L. Suitt &Associates, P.A.,
dated January 10, 2002, and recorded 1n Plat Cabinet G, Slides 13GA-C, Craven County Registry.
Being a portion of that property acquired by Grantor by that Certain deed recorded in Book
1854, Page 97, Craven County Registry.
TRACT TWO (Parcel ID 7-103-1-OOG):
All that certai n easement known as "51' ACCESS EASEMENT " as same are shown and delineated
on a map entitled, "FINAL PLAN OF SELLHORN HEIGHTS PHASE FOUR - SECTION ONE, A PLANNED
UNIT DEVELOPMENT CITY OF NEW BERN- prepared by Brad L. Suitt & Associates, P.A., dated
January 10, 21302, and recorded In Plat Cabinet G, Slides 136A-C, Craven County Registry.
Being a portion of that property acquired by Grantor by that certain deed recorded in Book
1854, Page 97, Craven County Registry.
TRACT THREE (Parcel ID 7.103.1.70001:
Being all of that certain tract of land designated 'Reserved" as same is shown and delineated
on a map entitled, "FINAL PLAN OF SELLHORN HEIGHTS PHASE FOUR - SECTION ONE, A PLANNED
UNIT DEVELOPMENT CITY OF NEW BERN' prepared by Brad L. Suitt & Associates, P.A., dated
January 10, 2002, and recorded in Plat Cabinet G, Slides 136A-C, Craven County Registry.
Being a portion of that property acquired by Grantor by that certain deed recorded in Book
1854, Page 97, Craven County Reg(stry.
TRACT FOUR (Portion Parcel 10 7.103-1-OOD):
Being all of those certain tracts of land designated "COMMON AREA Yon that certain final plat
entitled, "SELLHORN HEIGHTS PHASE FOUR - SECTION TWO, A PLANNED UNIT DEVELOPMENT CITY
OF NEW BERN', prepared by Brad L. Suitt & Associates, P.A., dated January 14, 2003, and
recorded In Plat Cabinet G, Slides 161A-8, Craven County Registry.
Being a portion of that property acquired by Grantor by that certain deed recorded in Book
1854, Page 97, Craven County Registry.
erson, Baxter, Taylor & Gatchel, P.A.
Attorneys at Law
Post Office Drawer U
New Bern. North Carolina 28563 No Title Search
Book:2423,Page:271

(Page 2 of 3).
TRACT FIVE (Portion Parcel ID 7-103-1.7002):
Being all of those certain tracts Of land designated "20' NON -VEHICULAR ACCESS LANDSCAPE
BUFFER AND COMMON AREA" on that certain final plat entitled, "SELLHORN HEIGHTS PHASE FOUR
SECTION TWO, A PLANNED UNIT DEVELOPMENT CITY OF NEW BERN", prepared by Brad L. Suitt
& Associates, P.A., dated January 14, 2003, and recorded in Plat Cabinet G, Slides 161A-8,
Craven County Registry.
Being a portion of that property acquired by that certain deed recorded in Book 1854, Page
97, Craven County Registry.
TRACT six (Parcel iD 7.103-1-001-1):
Being all of that street known as "(NGE COURT" as same are shown and delineated on a map
entitled, "FINAL PLAN OF SELLHORN HEIGHTS PHASE FOUR - SECTION TWO, A PLANNED UNIT
DEVELOPMENT CiTY OF NEW BERN" prepared by Brad L. Suitt & Associates, P.A., dated January
14, 2003, and recorded in Plat Cabinet G, Slides 161A-5, Craven County Registry.
Being a portion of that property acquired by Grantor by that certain deed recorded in Book
1854, Page 97, Craven County Registry,
TRACT SEVEN (Parcel IDS 7-103-1-003-A, 7-103-1-003-6, 7-103.1-003-C and 7.103.1-003-D):
Being ail of those certain tracts of land designated "COMMON AREA' on that certain revised -re-
recorded final plat entitled, "SELLHORN HEIGHTS PHASE FOUR - SECTION THREE, A PLANNED UNIT
DEVELOPMENT CITY OF NEW BERN", prepared by Brad L. Suitt & Associates, P.A., dated June 28,
2004, and recorded In Plat Cabinet G, Slides 197D-F, Craven County Registry, and being more
particularly described as Common Areas 3A, 38, 3C and 3D on said plat.
Being a portion of that property acquired by Grantor by that certain deed recorded in Book
2024, Page 87, Craven County Registry.
TRACT EIGHT (Parcel iD 7.103-1-00J):
Being all of that portion of that street known as "Sellhorn Boulevard", a portion of "Adel!
Lane" and being all of "Felicity Lane" as Same are shown and delineated on a slap entitled,
"FINAL PLAN OF SELLHORN HEIGHTS PHASE FOUR -SECTION THREE, A PLANNED UNIT DEVELOPMENT
CITY OF NEW BERN" prepared by Brad L. Suitt & Associates, P.A., dated June 28, 2004, and
recorded in Plat Cabinet G, Slides 197D-F, Craven County Registry.
Being a portion of that property acquired by Grantor by that certain deed recorded In Soak
2024, Page 87, Craven County Registry.
TRACT NINE (Parcel iD 7-103-1.00i0:
Being all of that portion of that street known as 'Sellhorn Boulevard" as same is shown and
delineated on a map entitled, `FINAL PLAN. OF SELLHORN HEIGHTS PHASE FOUR - SECTION FIVE,
A PLANNED UNIT DEVELOPMENT CITY OF NEW BERN" prepared by Brad L. Suitt & Associates, P.A.,
dated April 20, 2004, and recorded in Plat Cabinet G, Slides 190E-F, Craven County Registry.
Being a portion Of that property acquired by Grantor by that certain deed recorded in Book
2024, Page 87, Craven County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,
has the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, except any encumbrances or restrictions mentioned above, and that Grantor will warrant
and defend the title against the lawful claims of all persons whatsoever.
The designation Grantor and Grantee as used herein shall include all parties, their heirs, successors,
and assigns, and Shall include singular, plural, masculine, feminine or neuter as required by context.
IM110110in11Y1f gul
Iepapp ID: 9t3316 Type: CAP
4423 Pa272 of
Book:2423,Page:271

(Page 3 of 3),
IN WITNESS WHEREOF, SELLHORN•SCHEPER, L.L.C. has executed this Deed by and through its Manager(s)
this the day and year first above written.
TVD8 MP
Inn4� iU• OOOD p y3 of 3
,,2423 ,,273
STATE OF NORTH CAROLINA
COUNTY OF
SELLHORN-SCHEPER, L.L.C.
BY; C,GflZI��
RICHARD D- SELLHORN, Member -Manager
BY: `
P ILL ASELLHORN, Member -Manager
BLUE WATER HOME CONSTRUCTION, I.I.C. Member -
manager
BY:
RIM L CH mber-Manager
BY:
MILTON H. ASKEW, 111, Member -Manager
I, U f.,r if / a Notary Public, do hereby Certify that RICHARD D.
SELLHORN and PHILLIP R. SELLHORN, p rsonally appeared before me this day and acknowledged that they
are manager(s) of SELLHORN-SCHEPER. L.L.C., a North Carolina Limited Liability Company, and further
acknowledged the due execution the
�r�pflnlliq,��
g�� ERRC /4
WITNESS my hand and off iIN am ••oi"�iViis the �n�day Of �LLrC- , 2006.
* ` -owe 40- = _ ��/ fi�1 Ca 7Y%i l it . Q !✓�
1• fti.%G �y` -NOTARY PUBLIC
My Comm9ssion Expires:
'`T IIIIS
STATE OF NORTH CAROLINA
COUNTY OF
ft it % 0/1 5 5 a Notary Public, do hereby certify that RICK L.
SCHEPER and MILTON H. ASKEW, III, as Member -Managers of BLUE WATER HOME CONSTRUCTION, LLC, personally
appeared before me this day and acknowledged that they are Managerls) Of BLUE WATER HOME
CONSTRUCTION, LLC, a North Carolina Limited Liability Company, and acknowledged the due execution of
the foregoing Instrument on behalf of Blue water Home Construction, LLC, and further acknowledge that
Blue Water Home Construction, LLC, is member -manager of Sellhorn-Scheper, L.L.C. and acknowledge the
due execution of the foregoing instrument on behalf of Seltharn-Scheper, L.L.C. for the purposes therein
expressed.
WITNESS my hand and official Stamp or seal, this the o2 day of J?9AQrS , 2006.
My commission Expires:
flbd fprss o'dn�1c
Thle 20
Bo
Rep 01 oeaes Craven co my
Becky Thompson
MY
COU0;,,�����
Sook:2423,Page:271

(Page.1 of 20)
r
P-Wed by: Craven NC - Document Stalp
Moss D.Lsi= Becky Thoopson, Resister of Deed:
e, Law
NC 28560
New
Bemxy Ban, Date 05/0812002 Tine 14:.1:`�1 1 of 20 Pm
Ai
(File 28769) 2002-00044512
Declaration of Covenants, Conditions, Restrictions andof Easernen Page
4 �11 701
SELLHORN HEIGHTS, PHASE FOUR Fee Rat : 71.00
Excise Tax: .00
This Declaration of Covenants, Conditions, Restrictions and Easements of Sellhorn
Heights, Phase Four, made and entered into as of the 319-- -day of December , 2001,
by and between Sellhorn - Scheper, L.L.C., and All Prospective Purchasers or Owners of
Lots 1 though ___ 44 . inclusive, shown and depicted on the Plat entitled, "Sellhorn
Heights, Phase Four, recorded in Plat Cabinet G Slide 136 A B C , in the
Craven County Registry, and any other lots which are hereafter annexed into the subdivision.
WITNESSETH:
WHEREAS, Sellhorn-Scheper, LLC (hereinafter called Declarant) is the owner of the
Lots and Common Areas lying and being situate in Craven County, North Carolina, and being
more particularly described herein, and in order to create uniformity in the Development,
Declarant has imposed the covenants herein set forth on the property more particularly described
as follows:
Lots: ilork Flow NO: 9999--00097456
Lots I through _ _ 44 as shown on the plat of r-7, I -
Sellhorn Heights, Phase Four, recorded in Plat Cabinet Q 6
Slide 136 A B-C , of the Craven County Registry.
Common Area:
Those tracts shown and depicted as "Open Space" on the Plat of
Sellhorn Heights, Phase Four, recorded in Plat Cabinet - Q —
Slide 136 A $ C . of the Craven County Registry.
WHEREAS, Declarant desires to develop a single family residential community and
intends by the recordation of this Declaration to impose rules, regulations, restrictions,
covenants, conditions, reservations, exceptions, and easements contained herein (hereinafter
sometimes called Restrictions) on the land depicted on the aforesaid map and any other land
which is hereafter annexed into the subdivision to the end that the Lots and Common Areas
defined herein shall be held subject to said Restrictions.
NOW, THEREFORE, the Declarant hereby does hereby declare that the Restrictions
contained herein shall run with the property defined herein as Lots; shall be a burden on and a
benefit to such property; shall be binding on all parties having or acquiring any right, title or
interest in the property or any part thereof; and, shall inure to the benefit of each Owner of any
part thereof.
Book:1910,Page:702

(Page 2 of 20)
I • .-
Date 05/09/2002 Time 14:11A1 2 of 20 F%
No: 2002-00044512
As used herein, A. Definitions Book 1910 Pase 703
(1) "Articles" means the Articles of Incorporation of Sellhorn Heights Property
Owners Association, Inc., and any amendments thereto.
(2) "Bylaws" means the Bylaws of Sellhorn Heights Property Owners Association and
any amendments thereto.
(3) "Common Areas" means all real property (including the improvements thereto)
and interest in real property now owned or hereafter acquired by the Corporation
for the common use and enjoyment of the Owners. The Common Areas to be
conveyed by Declarant to and owned by the Corporation are those tracts depicted
as "Common Area" consisting of 3.28 acres, more or less, on the plat of Sellhorn
Heights, Phase Four. The Common Areas are subject to those easements set forth
in this instrument, including, but not limited to, Article I hereof.
(4) "Corporation" means Sellhorn Heights Property Owners Association its
successors and assigns.
(5) "Declarant" means Sellhorn-Scheper, L.L.C., and any other person or entity who
acquires title to six or more lots.
(6) "Dwelling" means a structure located on a Lot built in accordance with the
requirements of Article L hereof.
(7) "Lot" means a separately numbered tract of land shown on the aforesaid plat and,
any other separately numbered tract of land which is annexed into the Subdivision
upon which a Dwelling is to be built. At the present time, the Lots are numbered 1
through 44 inclusive. "Lot" shall not include any portion of the Common Areas as
defined herein.
(8) "Owner" means the record Owner, whether one or more persons, of fee simple
title to any lot, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
(9) "Person" or "persons" means any individual, group of individuals, corporation,
partnership or any other entity, including any combination thereof.
(10) "Subdivision" means all of the property defined herein as Lots and Common Areas
and such additions or annexations of property hereafter brought within the
jurisdiction of the Corporation. No property other than that in the Sellhorn
Heights, Phase Four, area as described may be annexed into the subdivision.
(11) "Board of Directors" means the Board of Directors of Sellhorn Heights Property
Owners Association, Inc.
(12) "Declaration" means this Declaration of Covenants, Conditions, Restrictions and
Easements of Sellhorn Heights, Phase Four.
(13) "Committee" means the Sellhorn Heights, Phase Four, Architectural Control
Committee constituted and having the powers as provided in article J hereof.
B. Membership
(1) A Corporation named "Sellhorn Heights Property Owners Association" has been
or will be formed at the direction of the Declarant pursuant to the rules and
Page 2
600k:1910,Page:702

(Page 3 of 20)
Date 05/08/2002 Time 14:11:41 3 of 20 P3s
NO' 2002 0044g�2
requirements of the Nonprofit Corporation Act (Chapter S,�A) 04
G neral ��}}
Statutes of North Carolina as an association of the Ownes'bf tsjpose�
are to own, manage, maintain, and operate the Common Areas and facilities
located upon the Common Areas; to enforce the Restrictions contained herein;
and, to make and enforce rules and regulations governing the Owners' use and
occupation of Lots.
(2) Each Owner of each Lot within the Subdivision shall be a member of the
Corporation. The Declaration, by this Declaration, and the Owners of individual
Lots by their acceptance of individual deeds thereto, covenant and agree with
respect to the Corporation: (a) That for so long as each is an Owner of a Lot
within the Subdivision, each will perform all acts necessary to remain in good and
current standing as a member of the Corporation; and, (b) that any unpaid
assessment, whether general or special, levied by the Corporation in accordance
with these restrictions, the Articles or the Bylaws shall be a lien upon the Lot upon
which such assessment was levied and shall be the personal obligation of the
person who was the Owner of the Lot at the time the assessment fell due.
(3) Each membership in the Corporation shall relate to and have a unity of interest
with an individual Lot which may not be separated from ownership of said Lot.
The books and all supporting documentation, the Declaration, the Articles, the
Bylaws, and all amendments thereto shall be available for examination by all Lot
Owners, and their lenders or their lenders' Agents during normal business hours at
the principal office of the Corporation.
(4) The Corporation shall have two classes of members:
Class A - Class A members(s) shall be all Owners, with the exception of any
Owners who qualify as Class B members, and they shall be entitled
to one vote for each Lot owned; provided, however, when more
than one Person holds an interest in any Lot, all such Persons shall
be members; however, the vote for such Lot shall be exercised as
they, among themselves, determine, but in no event shall more than
one vote or any fraction of a vote be cast with respect to any Lot.
Class B - Class B member(s) shall be the Declarant. Class B members shall
be entitled to three votes for each Lot owned. The Class B
membership shall cease and be converted to Class A membership on
the happening of either of the following events, whichever occurs
earlier:
(A) On December 31, 2006; or
(B) When the total votes outstanding in the Class A membership equal
or exceed the total votes outstanding in the Class B membership;
provided, however, that in the event additional land is annexed into
the Subdivision without the consent of Class A members pursuant
to the development of such additional property by the Declarant
and before the date in subparagraph (A) above, Class B
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(Page 4 of 20)
!gate 05/08/2002 Time 14:1V41 4 of 20 1'5s
NO., '401-0 044512 _
membership shall be reinstated until 2011 o tofal vote
the Class A membership equal or exceed t�� o iy?ie
reinstated Class B membership.
C. Management and Administration
The management and administration of the affairs of the Common Areas of the
Subdivision shall be the sole right and responsibility of the Corporation. The management
shall be carried out in accordance with the terms and conditions of these Restrictions, the
Articles and the Bylaws of the Corporation. Provided, however, any contract entered into
by the Corporation prior to the termination of the CIass B membership must contain a
provision allowing the Corporation to terminate the contract without cause and without
penalty or extra charge, at any time after the termination of the Class B membership upon
30 days advance notice.
D. Community Expenses
The Community Expenses of the Subdivision include:
(1) All amounts expended by the Corporation in operating, administering, managing,
repairing, replacing and improving the Common Areas of the Subdivision; all
amounts expended by the Corporation in insuring the Common Areas of the
Subdivision; all amounts expended by the Corporation in legal, engineering, or
architectural fees; and, all similar fees which may be incurred by the Corporation
from time to time in performing the functions delegated to the Corporation by
these Restrictions.
(2) All amounts expended by the Corporation in carrying out any duty or discretion as
may be required or allowed by these Restrictions, the Articles or the Bylaws.
(3) All amounts declared to be Community Expenses in the Bylaws or in these
Restrictions.
(4) All taxes and special assessments which may be levied from time to time by any
governmental authority upon then Common Areas in the Subdivision.
(5) Expenses for the maintenance, repair and replacement of berm and fence and
plantings on the property line adjacent to Taberna.
E. Annual General Assessments
(1) The Declarant for each Lot owned, hereby covenant and each Owner of any Lot
by acceptance of a deed for same (whether or not it shall be so expressed in such
deed) is deemed to covenant and agrees to pay to the Corporation annual. general
assessments or charges as hereinafter provided. The annual general assessments,
together with interest, costs and reasonable attorneys' fees, shall be a charge and
lien on the land and, subject to the provisions of Paragraph 7 of the Article, shall
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(Page 5 of 20)
Date 05/0812002 Tine 1.4:11:41 5 of 20 F3s
NO: ?002-00�44512
be a continuing lien upon the property against which t is '
made. Furthermore, each such assessment, together VviRu1M.s9%ntts; and .
reasonable attorneys' fees, shall also be the personal obligation-bf z1iG-person •(vho•. .
was the owner of the Lot at the time when the assessment fell.&e.. ' The-perstinat•
obligation for delinquent assessments shall not pass to a succe'ssariri title to a Lot
unless expressly assumed by them but, subject to the provisions of this Declaration,
delinquent assessments shall continue to be a lien upon such Lot.
(2) Until December 31, 2003, the annual general assessment shall be $100.00 per year,
payable on or before January 1 of each year.
(a) From and after December 31, 2003, the annual general assessment may be
increased each year not more than twenty-five percent (25%) above the
assessment for the previous year without any vote of the membership.
(b) From and after December 31, 2003, the annual general assessment may be
increased by an amount greater than twenty-five per cent (25%) of the
assessment for the previous year provided the proposed increase is
approved by a vote of two-thirds (2/3) of each class of members who are
voting in person or by a proxy, at a meeting duly called for this purpose.
(3) The Board of Directors may fix the annual general assessments which come
due after December 31, 2003, at an.amount not in excess of the ceiling
established herein.
(4) Once the annual general assessment has been set, notice of the annual
general assessment shall be given to all Lot Owners. It is provided,
however, that no Owner is relieved from the obligation to pay the
assessment because of failure to give such notice. After the initial notice of
the assessment, no bills for such assessment will be forwarded to any
Owner but such assessment thereafter shall become due and payable as
provided by'the Board of Director.
(5) As provided in the Bylaws and subject to the restrictions and limitations
provided herein, the Board of Directors shall establish an Annual Budget in
advance for each fiscal year. Such budget shall project all expenses for the
forthcoming fiscal year which may be required for the proper operation,
management and maintenance of the Corporation and the Common Areas,
including a reasonable allowance for contingencies and reserves. The
budget shall take into account any projected or anticipated income. The
Board of Directors shall keep separate, in accordance with paragraph (f)
hereof, items relating to the daily operation, management and maintenance
of the Corporation and Common Areas form items relating to capital
improvements. Upon adoption of such Annual budget by the Board of
Directors, copies of said Budget shall be delivered to each Owner and the
assessment for said year shall be established, subject to the restrictions and
limitations provided herein, based upon such budget; however, the non-
delivery of a copy of said Budget to each Owner shall not affect the liability
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(Page 6 of 20)
Not 2002-000OA512
of any Owner for such assessment. The annual g �WiVwide!'�
7
the number of Lots subject to the annual general arse men at the time o
the annual meeting of the members and the quotient shall be the annual
general assessment per Lot for the succeeding fiscal year. In determining
the number of Lots subject to the annual general assessments, any Lot
which is owned by a Class B member shall only be considered one-fourth
(1 /4) of a Lot.
(6) The Board of Directors, in establishing the Annual Budget for operation,
management and maintenance of the Corporation and Common Areas, shall
designate therein a sum to be collected and maintained as a reserve fund for
the periodic maintenance, repair and replacement of capital improvements
to the Common Areas, which capital improvement and replacement fund
(Capital Improvement Fund) shall be for the purpose of enabling the
Corporation to maintain, repair or replace structural elements and
mechanical equipment constituting a part of the Common Areas, as well as
tree planting and removal and the replacement of personal property which
may constitute a portion of the Common Area as held for the joint use and
benefit of the Owners. The among to be allocated to the Capital
Improvement Fund may be established by said Board of Directors so as to
collect and maintain a sum reasonably necessary to anticipate the need for
repair, maintenance and replacement of capital improvements to the
Common Areas. The amount collected for the Capital Improvement Fund
shall be maintained in a separate account by the Corporation and such
monies shall be used only for periodic maintenance, repair and replacement
of Capital Improvements to the Common Areas. The Capital Improvement
Fund shall be maintained out of the annual general assessments. Any
interest earned on monies in the Capital Improvement Fund may, in the
discretion of the Board of Directors, be expended for daily operation,
management and maintenance of the Corporation and Common Areas.
(7) All monies collected by the Corporation shall be treated as the separate
property of the Corporation and such monies may be applied by the
Corporation to the payment of any expense of operating and managing the
Corporation, or the property undertaking of all acts and duties imposed
upon it by virtue of this Declaration, the Articles and the Bylaws, except
that monies placed in the Capital Improvement Fund shall be used only for
the specified purposes of said fund. As monies for any assessment are paid
into the Corporation by any Owner, the same may be commingled with
monies paid to the Corporation by the owner Owners. Although all funds,
including other assets of the Corporation, and any increments thereto or
profits derived therefrom or from the leasing or use of Common Areas,
shall be held for the benefit of the members of the Corporation, no member
of the Corporation shall have the right of assign, hypothecate, pledge or in
any manner transfer his membership interest therein, except as an
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(Page 7 of 20
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No: 00 -00044512
appurtenance to his Lot. When the Owner of a 1,pt e be a
member of the Corporation by reason of his dives e f;ip o708
such Lot, by whatever means, the Corporation shall not be required to
account to such Owner for any share of the fund or assets of the
Corporation, including any monies which Owner may have paid to the
Corporation, as all monies which any Owner has paid to the Corporation
shall be and constitute an asset of the Corporation which may be used in
the operation and management of the Corporation.
(3) Written notice of any meeting called for the purpose of taking any action
authorized under Paragraph (2)(b) shall be sent to all members not less than thirty
(30) days, nor more than sixty (60) days in advance of the meeting. At the first
such meeting called, the presence of members or of proxies entitled to cast fifty
percent (50%) of all the votes of each class of membership shall constitute a
quorum. If the required quorum is not present, another meeting may be called
subject to the same notice requirements, and the required quorum at the
subsequent meeting shall be one-half ('/2) of the required quorum at the preceding
meeting. No such subsequent meeting shall be held more than sixth (60) days
following the preceding meeting.
(4) Annual and special assessments shall, except as otherwise provided herein, be fixed
at a uniform rate for all Lots. However, for so long as there is a Class B member
of the Corporation, the Lots owned by the Class B member shall be liable for and
the Class B member shall pay on each Lot as an annual general assessment only
twenty-five percent (25%) of the amount of the annual general assessment then
being levied by the Corporation on each Lot. This reduction in the amount of
annual general assessments due on Lots owned by the Class B member shall
terminate as to a particular Lot upon the Lot being conveyed by the Class B
member by deed, lease or rental agreement (excluding mortgage or deed of trust)
to any person other than Declarant; further, this reduction in the amount of annual
general assessments due by the Class B member shall cease upon the termination
of Class B membership as herein provided.
(5) The annual general assessments provided for herein shall commence as to all Lots
on January 1 of the year following the conveyance of the Common Areas to the
Corporation_ The annual general assessments shall be payable annually on or
before January i of each year. The payment of any assessment or installment
thereof shall be in default if such assessment or 'installment is for such payment.
When in default, the delinquent assessment shall bear interest at the rate of ten
percent (10%) per annum until such delinquent assessment and all interest due
thereon has been paid in full.
(6) The annual general assessments levied by the Corporation shall be used exclusively
to improve, maintain and repair the Common Areas, to pay the expenses of the
Corporation, to pay the cost of tree planting and removal, to pay the cost of
mowing and lighting the Common Areas, to pay the cost of any insurance the
health, safety and welfare of the members. Taxes, hazard insurance, and
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(Page 8 of 20)
Date 05/0VM2 Time 14:11:41 B of 20 Pss
No: 2002-04044512
Book 1910 Pase 709
maintenance on Dwellings and Lots shall = be a purpose of said assessment; but
rather, shall be an individual cost to be borne by each Lot Owner.
(7) The Corporation shall, upon demand, and for a reasonable charge, furnish a
certificate signed by an officer of the Corporation setting forth whether the
assessments on a specified Lot have been paid. A properly executed certificate of
the Corporation as to the status of assessments on a Lot is binding upon the
Corporation as of the date of its issuance.
(8) The lien of the assessments provided for herein shall be subordinate to the lien of
any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien.
However, the sale or transfer of any Lot pursuant to foreclosure of a first
mortgage or any proceeding in the lien therefor, shall extinguish the lien of such
assessments as to payments which became due prior to such sale or transfer. No
sale or transfer shall relieve such Lot from liability for any assessments thereafter
becoming due or from the lien thereof.
Special assessments may be levied against Lots for such reasons as are provided in these
Restrictions, the Articles or the Bylaw, and on such terms as provided by the directors and the
members. Upon a two-thirds (2./3) vote of the Directors and a two-thirds (2/3) vote of each class
of members who are voting in person or by proxy at a meeting duly called for this purpose, the
Corporation may levy and impose special assessments. A special assessment shall not exceed
100% of the then current assessment of each lot. The purposes for which special assessments
may be levied include, but are not limited to, providing funds to pay Community Expense which
exceed the general assessment fund then on hand to pay same (specifically including the cost of
any construction, reconstruction or repair or replacement of a capital improvement upon the
Common Areas, including fixtures and personal property related thereto) and providing a
contingency fund for capital improvements and extraordinary expenses. Furthermore, special
assessments may be assessed against specific Lots. Special Assessments, together with interest,
costs and reasonable attorneys' fees, shall be a charge and lien on the land and subject to the
provisions of Paragraph 8 of Article E, shall be a continuing lien upon the property against which
each such assessment is made. Furthermore, each such assessment, together with interest, costs,
and reasonable attorneys' fees, shall be the personal obligation of the person who was the owner
of the Lot at the time when the assessment fell due. The personal obligation for delinquent special
assessments shall not pass to a successor in title to a Lot unless expressly assumed by them but,
subject to the provisions of this Declaration, delinquent assessments shall continue to be a lien
upon such Lot. Written notice of any meeting of the members called for the purpose of levying
and imposing special assessments shall be sent to all members not less than thirty (30) days, nor
more than sixty (60) days in advance of the meeting. At the first such meeting called, the
presence of members or of proxies entitled to case sixty percent (60%) of all the votes of each
class of membership shall constitute a quorum. If the required quorum is not present, another
meeting may be called subject to the same notice requirement, and the required quorum at the
subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No
Page 8
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(Page 9 of 20)
Date Oy/08/2002 Time 14:11W 9 of 2r. P7s
So' 2002-30444512
Book 1910 Page 710
such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Any general or special assessment, if not paid without thirty (30) days after the date of
such assessment is due, together with interest at the rate of ten percent (10%) per annum, costs of
collection, court costs, and reasonable attorneys fees "I constitute a lien against the Lot upon
which such assessment is levied. The Corporation may record notice of the same in the Office of
the Cleric of Superior Court of Craven County or file a suit to collect such delinquent assessments
and charges. The Corporation may file Notice of Li§ Pig , bring an action at law against the
Owner personally obligated to pay the same and/or bring an action to foreclose the lien against the
property. No Owner may waive or otherwise escape liability for the assessments provided for
herein.
• !� M .! y!- 1R ,ems_
In the case of failure of a Lot Owner to comply with the terms and provisions contained in
these Restrictions, the Articles or the Bylaws of the Corporation, the following relief shall be
available:
(1) An aggrieved Lot Owner or Owners within the Subdivision or any Lot Owner on
behalf of all the Lot Owners within the Subdivision shall have the right to bring an
action and recover sums due, damages, injunctive relief, and/or such other and
further relief as may be just and appropriate.
(2) If the violation is the nonpayment of any general or special assessment, the
Corporation shall have the right to suspend the offending Owner's voting rights for
any period during which an assessment against the Lot remains unpaid.
(3) The remedies provided by this Article are cumulative, and are in addition to any
other remedies provided by law.
(4) The failure of the Corporation or any Person to enforce any restriction contained
in these Restrictions, the Articles or the Bylaws shall not be deemed to waive the
right to enforce such restrictions thereafter as to the same violation or subsequent
violation of similar character.
(1) Every Owner of a Lot within the Subdivision as an appurtenance to such Lot shall
have a perpetual easement over and upon the Common Areas within the
Subdivision for each and every purpose or use to which such Common Areas were
intended as determined by their type, or for which such Common Areas generally
are used. Such easements shall be appurtenant to and shall pass with the title to
r Page 9
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(Page 10 of 20)
(2)
(3)
(4)
(5)
Date 05/06/2002 Time
No: 2002-OOM512
Book 1910 Page
14:11:41 10 of 20 P95
711
every Lot located within the Subdivision, whether or not specifically included in a
deed thereto, subject to the following provisions:
(A) The Corporation shall have the right to make reasonable rules and
regulations respecting the use of same.
(B) The Corporation may make reasonable rules respecting parking on the
streets of the Subdivision.
(C) The Corporation shall have the right to dedicate or transfer fee simple title
to all or any part of the Common Areas to any public agency, authority, or
utility for such purposes and subject to such conditions as may be agreed to
by the members. No such dedication, sale, or transfer shall be effective
unless an instrument agreeing to such dedication or transfer signed by two-
thirds (2/3) of each class of members has been recorded.
(D) The Corporation shall have the right to mortgage, pledge, deed in trust,
hypothecate, sell, or convey all or any part of the Common Areas;
provided, however, no such action may occur until an instrument agreeing
to such action signed by two-thirds (2/3) of each class of members has been
recorded.
The Corporation hereinafter may grant easements for utility purposes for the
benefit of the Subdivision and the Lots now or hereafter located therein, over,
under, along and through any Common Areas located within the Subdivision.
Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to
the Common Areas and facilities to the members of his family, his tenants, or
contract purchasers who reside on the property.
Easements for the installation and maintenance of utilities and drainage facilities
are as shown on the recorded plat. Those easements are reserved by Declarant for
the purposes of benefitting this subdivision and its other property in the area.
Except as otherwise provided herein, no structure, planting, or other material shall
be placed or permitted to remain within these easements which may interfere with
the installation and maintenance of utilities, which may change the direction of
flow of drainage channels in the easements, or which may obstruct or retard the
flow of water through drainage channels in the easements. Declarant specifically
reserves the right to grant any public utility, municipality or other property owner
similar nonexclusive easement rights in said utility and drainage easements shown
on the aforesaid plat and reserved herein.
The Declarant reserves the right to subject the Lots in the Subdivision to a
contract with the City of New Bern Utility Department or any other public utility
or municipality for electricity and lighting to the Lot, including the installation of
underground electric cables, which contract may require and initial payment and/or
continuing monthly payments to the City of New Bern Utility Department or any
other municipality or public utility by the Owner of each Lot. Such expense,
including both initial and continuing monthly payments, shall be an individual cost
to be borne by each individual Lot Owner and is = covered by the general
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(Page 11 of 20)
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ilo; 2002-00044512
assessments. �� r�
(6) The Declarant reserves the right to subject the Lots in the u n to a r
12
contract with the City of New Bern Utility Department or any other public utility
or municipality for street lights for the Common Areas which contract may require
and initial payment and/or continuing monthly payments to the City of New Bern
Utility Department or any other public utility or municipality. Such expense is
included in the general assessments.
(7) Additional residential property and Common Areas may be annexed into the
Subdivision and the Corporation with the consent of two-thirds (213) of each class
of members. Annexation of additional property shall be accomplished by recording
a Declaration of Annexation describing the property annexed and incorporating the
provisions of this Declaration by reference. The additional land shall be deemed
annexed to the Subdivision and under the jurisdiction of the Corporation on the
date of the recordation of the Declaration of Annexation. The Declaration of
Annexation shall be duly executed by the Declarant.
(8) As long as there is a Class B membership, the following actions will require the
prior approval of the Federal Housing Administration or the Veterans
Administration: annexation of additional properties, dedication of Common Areas,
and amendment of this Declaration.
(9) Each Owner of any Lot within the Subdivision, as an appurtenance to such Lot,
have and is hereby conveyed a perpetual, nonexclusive right of way and easement
for the purposes of ingress, egress and regress to and from said Lot over, through
and across the streets and roads shown on the Subdivision plat and/or described
herein.
(10) The Owner of each Lot, by acceptance of a deed thereto, and the Corporation by
acceptance of a deed for the Common Areas, grants to the Declarant, their
successors and assigns, and Declarant hereby reserves perpetual nonexclusive
general access and utility easements located over, along and through the streets
and roads, utility lines, water lines and sewage lines presently existing, shown on
the aforesaid plat or hereafter constructed. Such easements are nonexclusive and
are for the purposes of providing utilities, water and sewage service and ingress,
egress, regress and access to such additional areas as may be later developed and
subdivided by Declarant, whether or not such area is annexed into this Subdivision.
In their sole, unfettered discretion, Declarant may grant similar nonexclusive
easement rights to various parties as they deem necessary and proper.
(11) The Common Areas shall remain common areas in perpetuity, and no action of the
Corporation shall eliminate any portion of the Common Areas unless such action is
specifically authorized in writing by the City of New Bern.
(1) The Architectural Control Committee ("Committee') shall be comprised of four
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(Page 12 of 20)
Rate 45/48/2402 Tice 14:11:41 12 of 20 R9s
No: ?,12- 004451;
(4) persons. Any natural person may serve as a membe o ee. Uil
December 31, 2006, Declarant shall have the right to apW t r� the
(3) Committee members with or without cause. After such date, the Board of
Directors of Corporation shall have the right to appoint and remove members of
the Committee with or without cause.
(2) Except as provided in Paragraph 7 of this Article J, before any structure, fence,
building, wall or addition to any of same shall be commenced, erected, or
maintained upon any Lot and before any alteration (including painting) of the
exterior portion of any structure located upon any Lot in the Subdivision shall be
commenced (except as shall be undertaken by the Corporation itself), the party
desiring to make such changes or erections shall submit and have approved by the
Committee (hereinafter called "Committee"), plans and specifications detailing the
changes and erections. The plans and specifications must show the structure, kind,
shape, height, materials, color and locations of the change or erection. Two (2)
complete sets of Committee Applications Forms, final plans, and specifications for
any and all proposed improvements, shall be (1) hand delivered to the Committee,
or (2) mailed certified or registered mail with return receipt requested to the
Committee. The Committee shall approve or disapprove such plans within forty
(40) days of receipt thereof. One set of plans and specifications and details with
the approval or disapproval of the Committee shall be returned to the party
submitting them and the other copy shall be retained by the Committee for its
permanent files. Until December 31, 2006, the address of the Committee is 3940
US Hwy 70 East, New Bern, NC 28560. After such date, the address is the
address of the Corporation.
(3) The Committee shall make its decision approving or disapproving the plans by
taking into consideration the nature of the Subdivision, the aesthetics of the
proposed changes or alterations, the harmony of the proposed change or erection
with the architectural style of neighboring buildings, color schemes, durability of
construction, relative costs, and protection of the investment of the Owners of
other Lots in the Subdivision. Submission of incomplete or inaccurate plans and
specifications may result in disapproval. The decisions of the Committee shall be
final and not subject to appeal or review.
(4) If the Committee fails either to approve or disapprove any plans so submitted
within forty (40) days of their submissions, the plans will be deemed approved. if
a court action challenging the lack of approval is not brought before a certificate of
occupancy has been issued by the City of New Bern for the improvement, the plans
will be deemed approved.
(5) Neither the Committee nor any agent of the Declarant shall be responsible -in any
way for any defects in any plans or specifications submitted, revised or approved in
accordance with the foregoing provisions nor any structural or other defect in any
work done according to such plans and specifications.
(6) The requirements of this Article shall not constitute a lien or encumbrance on any
Lot on which construction is complete, and any subsequent purchaser thereof for
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(Page 13 of 20)
Date 05/08/2002 Time 14:11:41 13 of 20 Pis
No: 002-00 44512
value without notice thereof is in no way affectcd by th f ' s redec qqr
in title to comply with the terms hereof. W0 rase 14
(7) The provisions of this Article shall not apply to original construction on a Lot by .
Declarant and no such approval shall be required for original construction by
Declarant.
(8) The initial members of the Committee shall be Milton H. Askew, III, Rick L.
Scheper, Tammy M. Sellhorn and Virginia Sellhorn
K. Insurance
(1) The corporation shall purchase and maintain at all times a comprehensive general
liability insurance policy covering all Common Areas, public ways and any other
areas that are under its supervision. The liability insurance shall insure against
liability to the public or to other lot owners, their tenants, guests or invitees,
relating in any way to the ownership, operation, maintenance and/or use of the
Common Areas and any part thereof, and any other areas under the Corporation's
supervision including public ways, if the Corporation supervises any such public
ways. Such insurance policy shall contain a "severability of interest endorsement"
or equivalent coverage which precludes the insurer from denying the claim of a Lot
Owner because of the negligent acts of the Corporation or other Lot Owners.
Limits of liability shall be at least One Million Dollars (S 1,000,000.00) covering all
claims for personal injury and/or property damage arising out of single
occurrence. Coverage under this policy shall include legal liability arising -out of
losses related to employment contracts of the Corporation. The policy shall
require the insurer to notify, in writing, the Corporation at least ten (10) days
before the insurer cancels or substantially changes the coverage.
(2) It is the responsibility of each Owner to purchase and maintain hazard insurance on
such Owner's Dwelling, personal property, fixtures and appliances, Each owner
shall be responsible for purchasing and maintaining any desired liability insurance
covering his Lot and Dwelling.
L. Restrictions on Use and Occupancy
(1) The division of Lots is permissible provided that the number of Lots in the
Subdivision is not increased (i.e., portions of lots are combined with other lots or
other portions of lots to form a new Lot). Any such Lot which has been formed
with portions of one or more Lots shall be considered a Lot as defined herein
notwithstanding the fact that said Lot actually consists of portions of more. than
one original Lot. Drainage and utility easements not actually in use shall be moved
to the perimeter lot lines of the reconfigured Lot. No Lot shall be used except for
single family residential purposes. No building shall be located on any Lot except
a Dwelling as defined herein and such other outbuildings as may be normal and
customary accessories for a single family residential dwelling, including a private
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(Page 14 of 20)
Date 05/08/2002 Tine 14:11:41 14 of 24 Pgs
No: s�02-000445�
garage, and located within the building lines for said Lot as s own on a recorded
plat. Any changes in lot lines shall be approved by the 04 ot"chwe 715
(2) Every residential Dwelling constructed on a Lot shall contain at least nine hundred
(900) square feet of heated area. In addition, if such Dwelling consists of a one
and one-half (1 %) story Dwelling, such Dwelling shall have not less than eight
hundred (800) heated square feet on the first floor, Any two (2) story dwelling
shall contain not less than eight hundred (800) heated square feet on the first floor.
(3) Any appurtenant structure, other than fences, shall be located behind The Principle
Residence or Dwelling and shall be of like materials, construction methods, and
techniques, as the principal residential dwelling. Fences and appurtenance
structures are allowable only if in the opinion of the Committee, they are necessary
for the enjoyment of the property as defined under single family residential uses.
These appurtenant structures shall not be allowed if they are made of metal, tin,
aluminum, or any pre -manufactures materials.
(4) All mailboxes shall be furnished by the developer and shall be uniform in
appearance. During replacement of mailboxes, each individual homeowner must
get approval of the Committee. The Committee reserves the right, in its absolute
discretion, to prohibit satellite dishes or radio antennas from being located within
the subdivision.
(5) Any fence erected on any lot must have the prior approval of the Property Control
Committee as hereinafter specified. No fence shall be erected along the front line
of any lot any closer to the street than the front of the house. However, a fence
shall be allowed parallel to the sideline of a lot fronting on a street but extending
no closer to the street fronting the house than the front of the house. In the event
that the lot is a comer lot or the sideline of the lot is adjacent to a street, no fence
shall be erected outside of the building set back line along the side lot line adjacent
to the street. Any fences erected shall not be more than b feet high.
Notwithstanding anything to the contrary herein contained, no chain link fences
shall be erected or allowed to remain on any lot within the subdivision.
Furthermore, notwithstanding anything to the contrary herein contained,
Declarants shall be allowed to erect a temporary wooden fence at any place on any
lot being used as a temporary model home; however, at such time as said lot
ceases to be used for a model home, any fence erected by Declarants which does
not conform to the requirements of this paragraph shall be removed. On all plank
fencing the rails are to be installed on the side of the fence away from the public
view.
(b) Without the prior written consent of the Committee, nothing shall be done or kept
in any Dwelling or on any Lot which will increase the rate of insurance applicable
to other buildings in the subdivision. No Owner shall permit any thing to be done
or kept in his Dwelling or on his Lot which will result in the cancellation of
insurance on his Dwelling or of that of any of this neighbors. No waste may occur
in the Common Areas.
(7) Owners and occupants of Dwellings, without the prior written consent of the
Page 14
Book:1910,Page:702

(Page 15 of 20)
Date 05/08/2002 Time 14:11.41 15 of ?C Ns
t : 20)2-00044512
Committee, shall not place or store any item on the exte� o o lli
(8) All motor vehicles of any type kept within the Subdivisicurrent 716
registration and inspection certificates. Only automobiles, pick-up trucks or vans
of a size of three-quarter ton or smaller and motorcycles shall be allowed to remain
overnight on the Lots. No tract, trailer or tractor -trailer may be kept within the
Subdivision. It is provided, however, that during construction and development,
construction trucks, tractors and equipment may be kept within the Subdivision by
the Developer or his designees.
(9) No signs of any kind shall be displayed to the public view on any Lot except signs
used by the Declarant or its agents to advertise the property during the
construction and sales period or one sign not more than six (6) square feet
advertising the property for sale or rent.
(10) No trash, ashes, garbage, or other refuse shall be dumped or stored or accumulated
on the exterior of any Dwelling.
(11) All outdoor receptacles located on a lot for ashes, trash, rubbish or garbage shall
be installed underground, screened or so placed and kept as not to be visible to the
occupants of other Lots.
(12) No noxious or offensive activity shall be conducted upon any Lot nor shall
anything be done thereon which may be or may become an annoyance or nuisance
to the neighborhood.
(13) No animals, livestock, or poultry of any kind shall be kept or maintained on any
Lot or in any Dwelling except that dogs, cats, or other household pets may be kept
or maintained provided they are not kept or maintained for commercial purposes.
Animals or pets shall not run at large. (Such pets shall be reasonable in size and
there shall be no more than two dogs maintained by any lot owner.)
(14) The provisions of this Article are subject to the condition that for so long as the
Declarant retains any Lot or any portion of the property in the Subdivision,
whether shown and delineated on the aforesaid plat or later annexed into the
Subdivision, which has not bee sold, leased, rented, or otherwise conveyed, the
Declarant is hereby expressly permitted to maintain signs on the Common Areas.
(15) No outside radio or television antennas, satellite dishes, or towers of any kind,
shall be erected on any Lot or Dwelling unless and until permission for same has
been grated by the Committee. No radio station or shortwave operator of any
kind shall operate from any Lot or Dwelling without the prior written consent of
the Committee.
(16) All plumbing fixtures, dishwashers, toilets, or sewage disposal systems shall be
connected to a sewage system approved by the appropriate governmental authority
and the Declarant, No outside toilet shall be constructed or permitted on any Lot
after completion of the principal residential dwelling. Portable toilets shall be
allowed during the construction period.
(17) No temporary house, manufactured mobile home, trailer, camper, tent, garage or
other outbuilding shall be placed on or erected on a Lot. Provided, however, the
Committee may grant permission for a temporary structure for storage of materials
Page 15
Hook:1910,Page:702

(Page 16 of 20)
0ate 05108/2002 Tice 14%11'.41 16 of 'N r35
No: 2002-NO44512 .
during the construction period and the Declarant may �taua RMK'u�&ctll
and/or sales trailers during the development period, No h
or appurtenant structure as may be approved shall be used at any time as a
dwelling. All temporary structures shall be approved by the City of New Bern.
(18) Once construction of improvements is started on any Lot, improvements must be
substantially completed in accordance with the plans and specifications as
approved by the Committee within a reasonable time after commencement.
,(19) No residence shall be occupied until the same has been substantially completed
and a Certificate of Occupancy has been issued by the appropriate governmental
authority.
(20) All structures constructed or placed on any Lot shall be built of substantially new
materials and no used structure or materials shall be moved, relocated, or placed
on any such Lot.
(21) Fuel storage tanks shall be buried below the surface of the ground and located
behind the Principle Residence or Dwelling.
(22) No structure erected upon any Lot may be used as a model exhibit or model home
unless prior written consent to do so has been obtained from the Committee.
Provided, however, that notwithstanding any other provisions of this Declaration,
Declarant may maintain model homes and sales offices in the Subdivision as long
as Declarant owns a Lot within the area described in Article A(10).
(23) No outside burning of garbage or refuse shalt be permitted.
(24) No Lot shall be accessed by motor vehicle except from the front lot line of the Lot
as determined by the front of the dwelling located upon said Lot.
(25) Each front lawn of the dwelling shall have grass sod.
(26) The following covenants are intended to ensure compliance with state storm water
management permit as issued by the Division of Water Quality. These covenants
may not be changed or deleted without the consent of the State.
(27) No more than 2800 square feet of any lot shall be covered by structures or
impervious materials, impervious materials include asphalt, gravel, concrete,
brick, stone, slate or similar material but do not include wood decking or the
water surface of swimming pools.
(28) Swales shall not be filled in, piped, or altered except as necessary to provide
crossings. ,
(29) Built -upon area in excess of the permitted amount requires a state stormwater
management permit modification prior to construction.
(30) 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.
(31) The City of New Bern, in approving the subdivision, Sellhorn Heights, Phase Four,
has required certain plantings to be completed on each lot, therefore, each lot is
conveyed subject to the requirements for landscaping by the City of New Bern and
Page 16
Book:1910,Page:702

(Page 17 of 20)
Date 05/08/2002 Time 14:11:41 17 of 20 F'ss
No: 2002-40044512
access shall be afforded to each lot in order that compliNg il 1 TWIN
� ireiug trymay be met. 1 V I 0
M. Waiver
No provisions contained in these Restrictions, the Articles or the Bylaws, shall be deemed
to have been waived, abandoned, or abrogated by reason of failure to enforce them on the part of
any person as to the same or similar future violation, no matter how often the failure to enforce is
repeated.
N. Variances
The Committee in its discretion may allow reasonable variances and adjustments of these
Restrictions in order to alleviate the practical difficulties and hardship in their enforcement and
operation. Any such variances shall not violate the spirit of the intent of this document to create a
Subdivision of Lots owned in fee by various persons with each such Owner having an easement
upon areas owned by the Corporation. No variance or adjustment will be permitted if such would
be materially detrimental or injurious to the welfare of the other property and improvements in the
Subdivision as determined by the Committee. All variances shall be approved by the City of New
Bern.
To be effective, a variance hereunder shall be recorded in the Office of the Register of
Deeds of Craven County; shall be executed on behalf of the Committee; and, shall refer
specifically to this Declaration.
O. Duration, Amendment and Termination
(1) The covenants and restrictions contained in the Declaration shall run with and bind
the land until December 31, 2021. The Declarant herein reserves the right to
amend these declarations and restrictions until December 31, 2006. After that
date, these Declarations and Restrictions may be amended in full or in part prior
only by an instrument sighed by not less than two-thirds (2/3) of each class of
members. No amendment shall alter any obligation to pay ad valorem taxes on the
Common Areas or assessments for street lighting as herein provided, or affect any
lien for the payment of same. Further, no such amendment shall affect the rights of
Declarant unless such party executes the amendment.
(2) Invalidation of any one of these covenants or Restrictions by judgment or court
order shall in no way affect any other provisions which shall remain in full force
and effect.
(3) Notwithstanding any other provision of this document, Declarant may amend this
instrument without the joinder or consent of any other person or entity if such
amendment is required by any governmental agency for governmental approval.
Page 17
Book:1910,Page:702

(Page 18 of 20)
Date 05/08/2402 Tise 10-11:41 1s of 20
P. Common Areas: Private qo: 2002-40444512
Book 1914 Paw 719
(1) Every Common Area and any facility thereon is private. Neither the Declarant's
execution nor recording of the plat nor any other act of the Declarant with respect
to the property is or is intended to be or shall be construed as a dedication to the
public of any of said parks, recreational facilities or amenities other than as
reflected herein. An easement for the use and enjoyment of each of the areas
designated as Common Areas is reserved by the Declarant, its successors and
assigns, for the benefit and use of their remaining property as described above and
an easement for the use of such areas may be granted to the owners of such
remaining property.
(2) All Common Areas shall be owned by the Corporation and shall be acquired by the
Corporation free and clear of all Iiens and encumbrances except pro rate ad
valorem real property taxes for the year of conveyance, rights and easements
reserved herein, and drainage and utility easements and mineral reservations as
established in the chain of title.
Q. Remedies
Enforcement of these restrictions and conditions shall be by proceeding at law or in equity
against any person or persons violating or attempting to violate any covenant or condition, either
to restrain violation thereof or to recover damages therefor. Injunction shall not issue to compel
the removal of or moving of any completed residence for violation of side setback or front setback
restrictions, the sole remedy of any offended person being a suit for damages.
R. Applicability
These Restrictions shall apply only to the Lots specified herein or hereinafter annexed into
the Subdivision. No other property is restricted.
S. Captions
The captions preceding the various Articles of these Restrictions are for the convenience
of reference only, and shall not be used as an aid in interpretation or construction of these
Restrictions. As used herein, the singular includes the plural and where there is more than one
Owner of a Lot, said Owners are jointly and severally liable for the obligations herein imposed.
Throughout this Declaration, references to the masculine shall be deemed to include the feminine,
the feminine to include the masculine, and the neuter to include the masculine and feminine.
T. Notice
All notices provided for or permitted pursuant to these Restrictions shall be in writing and,
except as is herein expressly otherwise provided, notice shall be deemed sufficient and service
Page 18
Book:1910,Page:702

(Page 19 of 20)
e
Date 05/08/20N .Time 14:11:41 19 of 20 Fss
No: 2002-00044512
thereof completed upon hand delivery or receipt, refusal or non -delivery ailed
postage prepaid to the party to or upon whom notice is being given ors d of 720
such party last reflected on the records of the Corporation.
U. Liberal Construction
The provisions of this Declaration shall be construed liberally to effectuate its purpose of
creating a Subdivision of fee simple ownership of Lots and buildings governed and controlled by
rules, regulations, restriction, covenants, conditions, reservations and easements administered by
an Owners' association with each Owner entitled to and burdened with the rights and easements
equivalent to those of other owners. In the case of conflict between this Declaration, the Articles
or the Bylaws, this Declaration shall control the Articles and the Bylaws, and the Articles shall
control the Bylaws.
In Witness Whereof, each of the parties has caused this instrument to be properly
executed and sealed after proper authority having been given, this the day and year first above
written.
North Caroms Craven County
Selhhorn Scheper, LLC
By:
d D. Sellhorn, ember -Manager
By:
Phillip R. Sel orn, Member -Manager
EM
Member -Manager
By: Q., -) - -
Ric L. Scheper, ber Manag r
By:
Milton H. Askew, III, Member-Managcr
a Notary Public, do hereby certify that
Page 19
Book;1910,Page:?02

(Page 20 of 20)
Qate 05/09/2002 Time 14/-11/-41 20 or 20 hs
Rick L. ScheWr,Md Milton U. AskeW M, personally app do 002�000445ePtAO da
and acknowledged that he/they is/are manager(s) of a _ 1
Limited Liability Cotmpmy , and further acknowledge the due execution of the foregoing
instrument on behalf of the S UhgM Sche,DeL, LLC for the purposes therein expressed.
WITNESS my hand and official stamp , this the day of J2)2 ciC— 200&-
Notary Public
My Commission Expires:
bete of North CV061116 Crewrt
The awakws(O of
a are
�on
iSt this day and hour and duly ►�onded �1oe Cf
9 p l)aeds o! County, NC tBook
PRIN
o aa.20 z 0.
s Rogtetar of Degde
Page 20
Hook:1910,Page:702

J
Thomas Engineering, PA
403-C Airport Road
I'. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:[phone]
[e-mail]
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Bill Moore
Re: Stormwater Plan
Sellhorn Heights IV
Craven County
2000-014
Dear B i I I,
01V4
�ZZI0r
FL
I` SEP 6 2001 i
Please find enclosed the Stormwater Management Plan Submittal for the
referenced project for your approval. Enclosed items include the original Stormwater
Management Permit Application Form and one copy, check # 2998 in the amount of $
420.00, and two copies each of the Stormwater report, Specifications, and Plans.
3
If you should have any questions or comments please do not hesitate to call.
n G. Thomas, P.E.
Encl
Cc w/encl: Pat McClain LQS
Richard Sellhorn
CAADATA12000-014 Sellhorn I V\General\S WM l .doc September 5, 2001

Sellhorn Heights Phase Four
2000-014
July 23, 2001
.I
SEP 6 2001
ENGINEERING REPORT
FOR
STORMWATER IMPROVE NTS
AT
S LIHO TS
�H R
CRAVEN COUNTY
2000-0I4
OWNER: RICHARD & PHILLIP SELLHORN
2000 AIRPORT ROAD
NEW BERN, NC 28562
CONSULTING ENGINEER: THOMAS ENGINEERING, P.A.
P.O. BOX 1309
NEW BERN, N.C. 28563-I309
252-637-2727
`;�`::; ::;✓ �` ` .`�:,
25-636-2448 fax2
a A r�`=,� •,
jthomas744 a aol.com email
`U��L�C�L'LY S.UG4
D:IAdata\Sellllorn\Storntwater I .doc
Page I of I

sellhorn Hei"hts Phase lour
2000-01a
July 23, 2001
NARRATIVE
PROJECT DESCRIPTION
The purpose of this project is to develop a single family residential
subdivision with associated construction of curb and guttered paved streets
with concrete sidewalks, central water and sewer, and other appurtenances
characteristic of this type of development. The proposed development is
located within the city limits of New Bern adjacent to and north of the
Taberna community. Approximately l 1 acres will be disturbed during the
construction phase of this development. The total 111.unber of lots proposed is
44, with an average lot size of 7200 square feet
STORM WATER
This development is being developed as a high density project. Stormwater
from approximately 1 I acres, 44 lots and streets, will be diverted to the
stormwater wetlands bioretention natural area as shown on the plan. This
3.28 acre area is an upland depressed wetland area with a fairly substantial
mature stand of vegetation. Stormwater will be transported to the wetland
area by way of piping and grass lined swales located throughout the
development. Stormwater will be allowed to buildup within the wetland
area to a predetermined depth, or elevation, after which an overflow control
structure will allow excess stormwater to flow out into other wetland pockets
before discharging into Brices Creek. It is our belief that the treatment
capability of the 3.28 acre wetland area will far exceed the treatment realized
from a wet detention pond sized for this development. Calculations show
that this area will supply approximately 8 to 9 times the amount of surface
area than that of a wet detention pond sized for this development, not to
mention the benefits derived from the existing vegetation which will remain
in this area. Calculations also show that the depth necessary to retain the
first one -inch of rainfall design storm is less than 2 inches.
D:IAdatalSellhornlstoo•mwaterl .doc
Page 2 ol'2

Sellhorn I-16-flits Phase Four July 23, 2001
2000-014
BUILT -UPON AREA TABULATION
A. BUILT UPON ARLA
1. Streets (asphalt)& Sidewalks (concrete).......... 60,000 SF (1.38 ac)
2. Houses, driveways, etc. on lots:
A. 44 lots a 3000 SF ........................... 132,000 SF (3.03 ac)
Total Built Upon Area....................................192,000 SF (4.41 ac)
B. Total Project Area .................................... 631,140 SF (I 4.49ac)
(Upland = 11.21 ac & Wetlands = 3.28 ac) rr�
C. Percent Impervious Area (excluding wetland area) �J$. 01
( 4.41 ac / 11.21 ac ) (100) = 40% > 30%
D. Per Lot Impervious Cover Restrictions
1. Deed Restrictions Requirements
The following items must be included:
No more than 3000 square feet of any lot, including right -of —
way between the edge of pavement and the front lot line, shall
be covered by impervious structures, including asphalt, gravel,
concrete, brick, stone, slate or similar material, not including
wood decking or the water surface of a swimming pool. This
covenant is intended to ensure compliance with the Stormwater
permit issued by the State of North Carolina. The covenant may
not be changed or deleted without the consent of the state.
WET DETENTION POND COMPARISON
The purpose of the following analysis and computations is to provide the
data for a wet detention pond that would be sized for this development for
comparison of designed elements of the pond and the natul-al elements of the
wetland area
A. Determine pond surface area
1. Reference attachment "A" a 90% removal
2. Proposed pond depth: 4 Beet
3. Impervious cover percent: Use 40%
4. Drainage Area: 488,308 square feet (11.21 ac)
5. Surface area/drainage area per attachment "A": 3.5%
DAAdata\SeI Ihorn\Storniwater I .doc
Page 3 of-3

Sellhorn Heights Phase Four
2000-014
JU13, 23, 2001
6. Required pond surface area. 488,308 SF x .035 = 17,091 SF
B. Wetland surface/required pond surface: 142,876 SF/17,091 SF = 8 : 1
ratio
C. Determine depth of storage for First 1 inch ofrainfall in the wetland area
1. Building roofs etc. on lots
(132,000 SF)(1)(1 ")(I '/ 12") = 1 1,000 CF
2. Paved areas (streets & sidewalks)
(60,000 SF)(.9)(1 ")(l '/ 12") = 4,500 CF
3. Green areas
(287,160 SF)(.2)(1 ")(I VI 2") = 4,786 CF
Total storage requires! = 20,286 CF
4. Storage depth
20,286 CF / 142,876sl'= 0.14 ft (less than 2 inches)
CONCLUSIONS
'File data above shows that the treatment of stormwater for this project goes
well beyond the normal trends of stormwater treatment and management for
a project of this nature. It is our opinion that the stormwater entering this
wetland pocket will not adversely impact the wetlands or influence a change
of current characteristics of the wetlands. This is the same concept that we
proposed and was approved for the MacDonald Downs project in Havelock.
and it is our belief -that the current proposal to manage stormwater would be
viewed as all acceptable plan and that interest would be generated to perform
monitoring to collect data to assist in future project evaluations. This
wetland area creates a shallow system of sediment, plants, water and other
accumulated material that will collectively remove multiple pollutants by
way of physical, chemical and biological means. Conditions are good for
providing particle settling because of the sheet 11ow conditions across the
wetlands, slow velocities, and hydraulic resistance offered by the presence
of the wetland vegetation. Wetlands are relatively efficient in removing
sediments; thereby removing efficiently removing those pollutants such as
phosphorus, trace metals, and hydrocarbons that are generally absorbed by
the Surfaces of SLISPended particles.
DAAdata\Sel lhornlStorniwater I .doc
Page 4 of 4

SA/DA - 85% TSS REMOVAL WITH 30' VEGETATIVE FILTER
IMPER.% 3.OFT 3.5FT 4.OFT 4.5FT 5.OFT 5.5FT 6.OFT 6.5FT 7.OFT 7.5FT
10%
.9
.8
.7
.6
.5
20%
1.7
1.3
1.2
1.1
1.0
.9
.8
.7
.6
.5
30%
2.5
2.2
1.9
1.8
1.6
1.5
1.3
1.2
1.0
.9
40%
'3.4
3.0
2.6
2.4
2.1
1.9
1.6
1.4
1.1
1.0
50%
4.2
3.7
3.3
3.0
2.7
2.4
2.1
1.8
1.5
1.3
60%
5.0
4.5
3.8
3.5
3.2
2.9
2.6
2.3
2.0
1.6
70%
6.0
5.2
4.5
4.1
3.7
3.1
2.9
2.5
2.1
1.8
80%
6.8
6.0
5.2
4.7
4.2
3.7
3.2
2.7
2.2
2.0
90%
7.5
6.5
5.8
5.3
4.8
4.3
3.8
3.3
2.8
.3
100%
8.2
7.4
6.8
6.2
5.6
5.0
4.4
3.8
3.2
2.6
SA/DA - > 90% TSS REMOVAL
FOR WET DETENTION WITHOUT VEGETATIVE FILTER
IMPER A 3.OFT 3.5FT 4.OFT 4.5FT 5.OFT 5.5FT 6.OFT 6.5FT 7.OFT 7.5FT
10%
1.3
1.0
.8
.7
.6
.5
.4
.3
.2
.1
20%
2.4
2.0
1.8
1.7 -
1.5
1.4
1.2
1.0
.9
.6
30%
3.5
3.0
2.7
2.5
2.2
1.9
1.6
1.3
1.1
.8
40%
4.5
4.0
3.5
3.1
2.8
2.5
2.1.
1.8
1.4
1.1
50%
5:6
5.0
4.3
3.9
3.5
3.1.
2.7
.2.3
1.9
1.5
60%
7.0
6.0
5.3,
4.8
4.3
3.9
3.4.
2.9
2.4
1.9
70%
8.1
7.0.
6.0
5.5
.5:..0
4.5.
3.9
3.4
2.9
2.3
80%
9.4
8.0'
7.0-.
6.4
5.7
5.2
4.6
4.0
3.4
2.8
90%
10.7
9.0
7.9
7.2:
6.5
5.9
5.2
4.6
3.9
3.3
100%
12.0
10.0
8.8
8.1".
7.3
6.6
5.8
5.1
4.3
3.6

-r, r-,j n nil iP n!
/: zp� ¢Iz Lla Z_
I "4 Date Received 1 II 1
li SEP b ZUU1 U 1
Ry
s` t C7 /01
w '2
Fee Paid Permit Number
-it 4;]Dn S w7o 1 &1yoS
State of North Carolina
of Environment and Natural Resources 6IORIGIMLDivision of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form? may he photocopied for use as an original
I. GENERAL INFORMATION
P�*� G�xvtK�w
1. Ap licants name (s-p(ecify the name(of the corporation, individual, etc. who owns the protect): r�v ^� l w��
K;C.�`" S� �L 110 �'�� T
2. Print Own}}er/Signi g Official's name. and title (person legally responsible for facility and compliance):
3. Mailing Address for person list�ed in item 2 21 ove:
ZcaoO Ai r0.tT is1n- -
City: N E; e - --.i State: `Lip: Z 8 S L Z
Telephone Number: ( Z §` Z ) G 33 —G 3 4-<I
4. Project Name (subdivision, facility, or establishment narne - should he consistent with projttct name on plans.
specifications, letter's, o el1,ration and inaintena`nce agreements, etc.):
SS',-[ ha 1 7 Q C 0S Ph4sc fZy�2 --
5. LoCation of Project (street address)): n
city: I V 1-1� R le ' .� County:
r 1,2 f�, S /Z i 12 4
C&f,-L G...J
6. Directions to project (from nearest major intersection):
U S a e 7' �� .... a.t, f� e .� !�
k.� P11„ti. � i �c
7L o •J 1 Q
. 3 / A, � Q
f G •� �, ` ,
o r ri
7. Latitude: O 3y
6V
a
Longitude: 7 `U i
i 4
k/
of project
8. Contact person can answer questions
about the project:
Jwho
Name: w.
/tsz felepllone Number: '2 Z Z
ig' 39 ` 2 *7 0''7
p—✓y4a) t'
T T�,o .�..4 5 7'l-�l-� �a �. Coves
II. PERMIT INFORMATION:
1. Specify whether project is (check one):
New
Renewal
Modification
Form SWU-101 Version 3.99
Page i of

1.
I

N
P/Ae 2. If this application is being submitted as the result of a renewal or modification to an existing Permit, list the
existing permit number and its issue date (if known)
3. Specify the type of Project (check one):
Low Density t!:fHigh Density Redevelop Cenerai Permit Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major v<edirnentation/Erosion Control ✓4/401 Permit w N_PDES Storrnwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748,
III. PROJECT INFORMATION
1. In the space provided below, summarize how storrnwater will be treated. Also attach a detailed narrative
(orte to two pa es) describing s rmwater management for the prof act .
1^ee�
2. Storrnwater runoff from this project drains to the 5 G River basin.
3. 'Total Project Area: I L 4`1 acres 4. Project Built Upon Area: L+
5. How many drainage areas does the project have? �
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.
Receiving Stream Name ��. ; [,.r(
Receiving Stream Class
Drainage Area / L
Existing Impervious` Area [}
Proposed Impervious*Area i-V LIL
% Impervious' Area (total) y-v °'lo
On -site Buildings
On -site Streets
Q a_
On -site Parking
ez r5.,,e
On -site Sidewalks
- t 4 �=
Other on -site
14
Off -site // A
Total: L+. Total:
Inrpen4ous 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
Pare 2 of 4

7. How was the off -site impervious area listed above derived?
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; cacti 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, brick, stone, slate or similar, material but do not include wand
decking or the cvater surface of swimming pools.
3. Smiles shall not he filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires as ta te stormwater management permit modification prior to
construction.
5. All permitted runoff kom outparceis or l oture 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 Storinwater and General Permits Unit at [phone] 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 Systern 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 Passe 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.
1. Please indicate that you have provided the following required iTiff) rinatian by initialing in the space provided
next to each item.
ti s
• Original and one copy of the Stormwater Management Permit Application Form _
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of storniwater treatmerit/rrrana�. errient
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
- Legend
- North arrow
- Scale
Revision number & date
- Mean high water line
Dimensioned property/project boundary
Location reap with named streets or NCSR number s
Original contours, proposed contours, spat elevations. finished floor Elevations
Details of roads, drainage features, collection systems. and stormwawr control measures
Wetlands delineated, or a note on plans that none exist
Existing drainage (including off -site). drainage easernents, pipe sizes, rtmoff Calculations
Drainage areas delineated
Vegetated buffers (where required)
V1I. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information un your
behalf, please complete this section. Designated agent (individual or firm�
): �etti N . 7,o .,4 5 —/ /}-�
�A,%,¢ S �n�r Z• aoe �f tiC��
Mailing; Address: <Z
City: Q",-> [3 e ,J State: N C zip:
Phone: 1�Z } 3')_-272'7 Fax: ( 23Z_ )-- 6 3C— 2+ $
--T- T k o /-,% A S 7 4- 4- @ c/ (. C o M
VIII. APPLICANT'S CERTIFICATION
1. forint or tvtle name of person listed in General Information. Item 2) - C-- O! S'a 1 1 k 0 f
certify that the information included on this permit application form is, to the hest 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 I5A
Signature:;
Farm SWU-101 Version 3.99 Piige 4 of
Date: % Qr

' ' ��
� L
' !--
{ r•.
+ - '
< < � • - .' f
1
� 1 • ♦ �

Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:[phone]
email: [e-mail]
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Bill Moore
Re: Revised Stormwater Plan
Sellhorn Heights 1V
Craven County
2000-014
Dear Bill,
April I9, 2002
RECE ED
APR 22 2 2G02
DWQ-WARQ
Please find enclosed the Revised Stormwater Management Plan Submittal for the
referenced project for your approval. Enclosed items include the original Revised
Stormwater Manageme�ttheoriginal
' ies of the Wet
De on Supplement signed document is being sent to you under separat
cover), nd two copies eise ans.
If you should have any questions or comments please do not hesitate to call.
Sinc
1X7-1--
n G. Thomas, P.E.
Encl
v/rZA-Q. r S
-- ssza`Q 5flvf 00n,
CAADATAQ000-014 Sell horn\General\SWM2.doc

2. If this application is being submitted as the resu:t of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. _�pecify the type of project (ch ne):
Low Density High Density Redevelop Ceneral Permit Other
4. Additional Project Requirem (check applicable blanks):
_CAMA Major _Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater
Information on required state permits can he obtained by contacting the Customer Service Center at
1-877-623-674&
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated.
/(o+ne to two pa es) describi(nr iig urrnwat/er management for the project.
D
, /1'"' 4 r-'_n o S wr✓ if C L`- -Wa-t
2. Stormwater runoff from this project drains to the N "—ESL'
3. Total Project Area: 1 Lt- 4-9 acres 4. Project Built Upon Area:
5. How many drainage areas does the project have?I
River basin.
Z97, '? d
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 Information
Drainage Area I
Drainage Area 2
Receiving Stream Name
,. `ta S C., a c L
Receiving Stream Class
C w 5c4' P _ /k� S uJ
Drainage Area
631 l
Existing Impervious* Area
— p —
Proposed Impervious`Area
f $7 46 6 S
C
% Impervious* Area (total)
Z q 2 Qlc
2/ i v
Impervious* Surface Area
Drainage Area 1
Drainage Area 2
On -site Buildings
8? 8 Gad S70
On -site Streets
G co 5
On -site Parking
On -site Sidewalks
t '2 wo STd
Other on -site
/ Z v
Off -site
Total: 1O 5
Total: 30 ar'.
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks. gravel areas, etc. EC E I V
Form SWU-101 Version 3.99 Page 2 of � R L 2002
%
DVQ-WAR4

7. How was the off -site impervious area listed above derived? /14
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.
L 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 z aC5 square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or 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 [phone] 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

Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FO�MOVE®
WET DETENTION BASIN SUPPLEMENT APR 2 2 2002
This form may be photompled for use as an original
DWQ-UVARO
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: Jerk'ptx, c_ t-r-) y iZ ^
Contact Person: Phone Number: (252-) Z 7 Z'7
For projects with multiple basins, specify which basin this worksheet applies to:
elevations S t eleo
Basin Bottom Elevation 5,0 ft. (floor of the basin)
Permanent Pool Elevation to ft. (elevation of the orifice)
Temporary Pool Elevation / G O ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 6 2 6 sq. ft. (water surface area at the orifice elevation)
Drainage Area !G G, zt 9 5P,ae• (on -site and off -site drainage to the basin)
Impervious Area 8 rd�,6. (on -site and off -site drainage to the basin)
volumes
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
Other parameters
SA/DAI
Diameter of Orifice
Design Rainfall
Design TSS Removal Z
cu. ft.
cu. ft.
7 d+vO
cu. ft.
(combined volume of main basin and forebay)
(volume detained above the permanent pool)
(approximately 20% of total volume)
(surface area to drainage area ratio from DWQ table)
(2 to 5 day temporary pool draw -down required)
(minimum 85% required)
Form SWU-102 Rev 3.99 Page I of 4

.'. .e ' 'I- + .. .F �!'. 1.1 fl�r ' ii+ • f,' +,. � ,. ' - � _ •

Footnotes:
When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
H. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. if the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Appl
a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
b.—The forebay volume is approximately equal to 2011/o of the basin volume.
c. The temporary pool controls runoff from the design storm event.
d. The temporary pool draws down in 2 to 5 days.
e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations)
basin length to width ratio is greater than 3:1.
The basin side slopes above the permanent pool are no steeper than 3:1.
A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
Vegetative cover above the permanent pool elevation is specified.
j. A tras ck or similar device is provided for both the overflow and orifice.
recorded drainage easement is provided for each basin including access to nearest right-
of-way.
1. I -basin is used for sediment and erosion control during construction, clean out of the
_basin. is specified prior to use as a wet detention basin.
m. A mechanism is specified which will drain the basin for maintenance or an emergency.
f- .( S
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does Wiloo;s not incorporate a vegetated filter at the outlet.
This system (check one) 04'oes 0 does not incorporate pretreatment other than a forebay.
Form SWU-W2 Rev 3.99 Page 2 of 4

1
�-j 11t
fi n;.'.i: 1-Yt'i'I r'..7Y..s•. 1'.,+� a!:...t:'jEtl'..:1 ,, �.1,. '! , •�. > °�'.�.�'r"::i)r r,}+:�..,.
. r , {. .,.

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) Quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads feet in the forebay, the sediment shall be removed.
Sediment Rekoval El.
-------------
Bottom ion
FOREBAY
BASIN DIAGRAM
ill in the blanks)
Permanent Pool Elevation
Sediment Removal Elevation
------------------------------------------
t Bottom Elevation
MAIN POND
75%
25%
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4

7. All components of the wet detention basin system shall be maintained in good working order.
1 acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. 1 agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name
Title:
Address:—
Phone: —
Signature:
Date:
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
I, , a Notary Public for the State of ,
County of , do hereby certify that
personally appeared before me this day of , and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
SEAL
My commission expires
Form SWU-102 Rev 3.99 Page 4 of 4

Sellhorn HeightS PhasC Four
April 15, 2002
REVISED
RECEIVED
ENGINEERING REPORT
APR 2 2 2002
FOR
DWQ-WARD
STORMWATER IMPROVEMENTS
/:nl 11
SELLHORN HEIGHTS
PHASE FOUR
CRAVEN COUNTY
2000-014
OWNER: RICHARD & PHILLIP SELLHORN
2000 AIRPORT ROAD
NEW BERN, NC 28562
CONSULTING ENGINEER: THOMAS ENGINEERING, P.A.
P.O. BOX 1309
NEW BERN, N.C. 28563-1309
252-637-2727
252-636-2448 fax
[e-mail] email
��aca�uIN
gaa�aaae
Z
� G433 a
i 3
e.6O4o`yy jA�� Ub���yUas
Page 1 of 9
CAADA'I'A0000-014 Sellhcir'nlRcporlslSturnm'alcr2.dac

Sellhorn Heights Phase Four
April 15, 2002
NARRATIVE
PROJECT DESCRIPTION
'['lie purpose of this project is to develop a single family residential subdivision with
associated construction of curb and guttered paved streets with concrete sidewalks,
central water and sewer, and other appurtenances characteristic of this type of
development. The proposed development is located within the city limits of New
Bern adjacent to and north ofthe Taberna community. Approximately 11 acres will
be disturbed during the construction phase of this development. The total number of
lots proposed is 44, with an average lot size of 7200 square feetX�3a7 : 2/60 s-F
STORMWATER
This development is being developed as a high density project, even though the
overall percent of impervious cover will be less than 30%. Stormwater fi-om
approximately 14 acres, 44 lots and streets, will be diverted to the stormwater
wetlands bioretention natural area as shown on the plan. A portion ol� the project will
receive treatment from grass lined swales prior to entering the stormwater wetlands
bioretention area. The subdivision streets, sidewalks, and driveways will receive
treatment via a wet retention pond prior to entering the stormwater wetlands
bioretention area. This 3.28 acre area is an upland depressed wetland area with a
fairly substantial mature stand of vegetation. Stormwater will be transported to the
wetland area byway of piping and grass lined swales located throu>;11out the
development. Stormwater will be allowed to buildup within the wetland area to a
predetermined depth, or elevation, after which an overflow control structure will
allow excess stormwater to flow out into other wetland pockets before discharging w
into Brices Creek. It is our belief that the treatment capability of the 3.28 acre
wetland area will far exceed the treatment realized from a wet detention pond sized
For this development
Page 2 of 9
CAADATA12000-OW ScllhontlRcports\Stornn�'ater2.dnc

SCIII]0111 Heights Phase Four
April 15, 2002
SUPPORTING DOCUMENTS
A. Site Data
Built Upon Area
Streets (asphalt)& Sidewalks (concrete) ................ 64,260 SF (1.4752 ac)
Houses, driveways, etc. on lots:
44 lots @ 2800 SF .................................... 123,200 SF (2.8283 ac)
Total Built Upon Area....................................187,460 SF (4.3035 ac)
2. Total Project Area .................................... 63 1, 140 SF (I4.49ac)
3. Percent Impervious Area
( 4.3035 ac 1 14.49 ac ) (100) = 29.70% < 30%
Note: This project would qualify as a "Low Density" project with the exception of
the use of a storm water collection system (curb & gutter) for a portion of�the project.
4. Per Lot Impervious Cover Restrictions
a. Deed Restrictions Requirements
The following items must be included:
No more than 2800 square feet of any lot, including right -of —way
between the edge of pavement and the front lot line, shall be covered by
impervious structures, including asphalt, gravel, concrete, brick, stone,
slate or similar material, not including wood decking or the water
surface of a swimming pool. This covenant is intended to ensure
compliance with the stormwater permit issued by the State of North
Carolina. The covenant may not be changed or deleted without the
consent of the state.
b. Per Lot Breakdown
1-louse.................................. 1800 sf
Driveway .............................. 400 sf
Sidewalk ............................... 100 sf
Patio .................................... 300 sf
Out Building .......................... 200 sf
Total Per Lot ......... 2800 sip
B. Determination of Wet Detention Pond Surface Area
Paoc) of-9
CAADATA12000-014 Sul thornllteporls\Stornn%;itcr2,doc

Scllhoru Heights Phase Pour
April 15, 2002
1) Area to receive wet pond treatment ............................... 166,219 sf (3.8159 ac)
2) Built -Upon Area
a) Pavement + Curb ............................. 56,660 sf
b) Concrete Sidewalks .......................... 7,600 sf
c) Concrete Driveways ................... 17,600 sf
IOTA L 81,860 sf (1.8792 ac)
3} Percent Built upon_ 81,860 sf= 50%
166,219 sf
4) Reference Attachment "A" 90% TSS Removal
5) Proposed fond Depth: 5.0 ft
6) imperious Percent: 50%
7) Drainage Area: 166,219 sf
8) Surface Area/Drainage Area: 3.5%
(interpolated from attachment "A") 90% TSS Removal
Where -
Impervious % = 50%
Permanent Pool = 5.0 ft
9) Pond Surface Area:
Note: The surface area of the wet pond is based on the area within the street right
of ways plus 20 feet, which includes the driveways for each lot.
a) Required 166,219 sf X 0.035 = 5818 sf
b) Provided Design pond surface area (SA)= 6264 sf (u permanent pool
elevation)
C. Determination of required storage following a one inch
rainfall event:
Note: The storage volume is based on all areas ofthe subdivision that will flow
into the pond.
Page 4 o f' 9
CAADATM2000-014 Scllh"rsilltep"rtslsturmu�ater2.duc

Sellhorn Heibhts Phase Four April 15, 20{)2
Where C for building roofs = 1.0
paved areas = 0.9
green areas = 0.2
l) Building Roofs
(36,000 sf)(1.0)(1 inch)(1 ft / 12 inch) = 3000 cfs
2) Paved Areas
(89,060 si)(0.9)(1 inch)(1 ft / 12 inch) = 6680 of
3) Green Areas
(147,107 st)(0.2)(1 inch)(1 I't/ 12 inch) = 2452 c f
4) Required Total Storage Volume ....... 12,132 cf
5) Provided Storage Volume .............. 12528 cf
6) Storage Depth (I inch rainfall)(h)
1-1 = Volume/SA
H = 12,132 cf / 6264 sf
Fl = 1.9 ft ( 2.0 ft provided)
D. Draw down determination (based on I inch rainfall)
} Q (2 dys) = 12,132 cf/ (2 dys)(24 hrs/dy)(60 min/hr)
(60/sec/min) = 0.0702 cfs
2) Q (5 dys) = 12,132 cf/ (5 dys)(24hrs/dy)(60min/hr)
(60/sec/min) = 0.0281 cis
3) Orifice Size
a) Orifice Formula
Area = [Q/Cd divided by the square root of (2gh)] x 144 sgin/sf
Where h = H/2
Cd = 0.6
g = 32.174ft/sec 2
b) Area for Q (2dys)
Area = (0.0702 cfs / 0.6 divided by the square root of (2g 0.75 ft)(144 sgin/sf')
Area = 2.10 sq in
Pipe Dia = 2 times the square root of 2.10 / Pi = 1.64 in
c) Area for Q (5dys)
Area = (0.0281 cfs / 0.6 times the square root of(2g 0.75 ft)(144 sgin/sf)
Area = 0.84 sq in
Pipe Dia = 2 times the square root oi� 0.84 / Pi = 0.54 in
d) Selected Orifice Size
Use 1-!/4 in orifice
Page 5 of 9
C:IADATA12000-014 Scllhornlltcportsltik�rnnsamr2.dnc

SCIIh01-11 I-1611131s Phase Four-
April 15, 2002
E. Runoff calculation for riser sizing and overflow:
1) Rational Method Q=CIA
Where Q = Peak rate of runoff (cfs)
C = Runoff coefficient
Building Roofs = 1.0
Paved Areas = 0.9
Green Areas = 0.2
I = Average intensity of rainfall (inches)
(I Oyr)
A = Drainage area (acres)
2) Determination of Peak Flow Q
C = (36,000 sD(-L 0)+(89,060 si)(0.9)+(147,107 sf)(0.2)
272,107 sf
C= 0.54
1-I (Height difference) = 5 ft
L (length of travel) = 100011
Tc (time of Conertractor) = 12 min
i=5.0ill
to
Q=CIA
Q = (0.54)(5 in)(6.2467 ac) = 16.87 cfs
10
=6.2in
25
Q = (0.54)(6.2)(6.2467 ac) = 20.92 cfs
25
=8.0ill
100
Q = (0.54)(8.0)(6.2467 ac) = 27.0 cfs
l00
F. OLltlet pipe & riser determination
Page 6 of'9
CAIAUATM2000-014 5c!l4iornlRcportslSinrnnvatcr2.doc

sellhorn Hei"Ills Phase Four
April 15, 2002
Q = 20.92 cf's
25
H=.75
From Nomagraph
Select 36 in riser
From Table select 30 inch outlet pipe
G. Calculate Emergency Overflow
l . Calculate Flow - Rational F101-1110a
Q = CiA Where Q = Flo\v (cfs)
C = 0.54
i = 8.0 inches (I00yr)
A = 6.2467 ac
Q = (54){8.0)(6.2467) = 27.0 cfs
100
2. Calculate overflow width
1.5
Q = 3.33(1--0.21-1) 1-1
Where Q = Flow (cfs)
L = length of weir (ft)
H = Weir Head (ft)
Solve for I- where Q = 27.0 cfs
L = 12.25 ft a 8 in head
Use 14 ft opening
CONCLUSIONS
The treatment of stormwater for this project goes well beyond the normal trends of.
stormwater treatment and management for a project of this nature. It is our opinion
Page 7 ol' 9
C:\ADATA12000-014 ScilhnrcilRcpurtsltitonm�'mcr2.d� c

SCI1I101'11 Heights I'hase Four April 15, 2002
that the stormwater entering this wetland pocket will not adversely impact the
wetlands or influence a change of cuurrent characteristics of the wetlands. This is the
same concept that we proposed and was approved for the MacDonald Downs project
in Havelock and it is OUr belief that the current proposal to manage stormwater would
be viewed as an acceptable plan and that interest would be generated to perform
monitoring to collect data to assist in I-uture project evaluations. This wetland area
creates a shallow system of sediment, plants, water and other accLuizulated material
that will collectively remove multiple pollutants by way of physical, chemical and
biological means. Conditions are good for providing particle settling because of the
sheet flow conditions across the wetlands, slow velocities, and hydraulic resistance
offered by the presence of the wetland vegetation. Wetlands are relatively efficient
in removing sediments; thereby removing efficiently rcttIoving those pollutants such
as phosphorus, trace metals, and hydrocarbons that are generally absorbed by the
surfaces ol�suspended particles.
Page K of 9
CAAUATA12000-014 SellhornlKeports\Storm�+�iter2.doc

Sellhorn Heiglits I'llase Four
April 15, 2002
Exhibits
Page O oj' 9
can DATA12000-01 a .ScllhnrnllZcpi rtslStnrmrs zrcr2.clnc

SA/DA - 85% TSS REMOVAL WITH 30' VEGETATIVE FILTER
IMPER A 3.OFT 3.5FT 4.OFT 4.5FT 5.OFT 5.5FT 6.OFT 6.3FT 7.OFT 7.5FT
10%
.9
.8
.7
.6
.5
20p
1.7
1.3
1.2
1.1
1.0
.9
.8
.7
.6
.5
300
2.5
2.2
1.9
1.8
1.6
1.5
1.3
1.2
1.0
.9
40%
3.4
3.0
2.6
2.4
2.1
1.9
1.6
1.4
1.1
1.0
50%
4.2
3.7
3.3
3.0
2.7
2.4
2.1
1.8
1.5
1.3
60%
5.0
4.5
3.8
3.5
3.2
2.9
2.6
2.3
2.0
1.6
70%
6.0
5.2
4.5
4.1
3.7
3.1
2.9
2.5
2.1
``1.8
80%
6.8
6.0
5.2
4.7
4.2
3.7
3.2
2.7
2.2
12.0
90%
7.5
6.5
5.8
5.3
4.8
4.3
3.8
3.3
2.8
\1.3
100%
8.2
7.4
6.8
6.2
5.6
5.0
4.4.
3.8
3.i
2.6
SA/DA - > 90% TSS REMOVAL
FOR WET DETENTION WITHOUT VEGETATIVE FILTER
IMPER A 3.OFT 3.5FT 4.OFT 4.5FT 5-OFT 5.5FT 6.OFT 6.5FT 7,OFT 7.5FT
10%
1.3
1.0
.8
.7
;6
.5
.4
.3
.2
.1
20%
2.4
2.0
1.8
1.7
1.5
1.4
1.2
1.0
.9
.6
30%
3.5
3.0
2.7
2.5
2.2
1.9
1.6
1.3
1.1
.8
40%
4.5
4.0
3.5
3.1
8
2.5
2.1-
1.8
1.4
1.1
50%
5.-6
5.0
4.3
3.9
3..5
3.1
2.7
2.3
1.9
1.5
60%
7.0
6.0
5.3,
4.8
4.3
3.9
3.4
2.9
2.4
1.9
70%
8.1
" 7.O.
6.0
5.5
5:..0
4.5
3.9
3.4
2.9
2.3
80%
9.4
8.0-
7.0=.
6.4
5.7
5.2
4.6
4.0
3.4
2.8
90%
10.7
9.0.
7.9
7.2..
6.5
5.9
5.2
4.6
3.9
3.3
100%
12.0
10.0
8.8
8.11.
7.3
6.6
'5.8
5.1
4.3
3.6

0
45
H (ft)
Ertn
11
41
O
O
L
Q1
C
m
E
7
E
X
M
2
Note:
Use nomograph Tc for natural basins with well-defined channels, for overland
flow on bare earth, and for mowed -grass roadside channels.
For overland flow, grassed surfaces, multiply Tc by 2.
For overland flow, concrete or asphalt surfaces, multiply Tc by 0.4.
For concrete channels, multiply Tc by 0.2.
Figure 8.03a Time of concentration of small drainage basins.
Tc(rnin)
9nn
100
s0
10
5
M
8.03.4

Appendices
20
15
I
8
3
6
O
_
U)
4
m
U
C
2
a,
y
C
m
I
0.8
0.5
C
OA
0.2
ww
5 to 20 40 60 2 3 4 6 8 12 18 24
Minutes Hours
Duration
Figure 8.03b Rainfall intensity duration curves —Wilmington.
20
i5
to
8
3 5
O
1
4
v
S 2
N
C1 I
0.8
0.6
C
m OA
f=
vyi
99
ii�■■
�i�i#iiiiliiiiill
�-�i�rri■ii..i�rnrrwrww�i>•iisi�
MEN
a��r�����isre�i���rrur�
���
�-w.•�'�
��
i3�■■■iii■iiitr�iii�1►.�ill���►��\'�
N
I
i
• 20 ItT
Minutes Hours
Duration
Figure 8.03c Rainfall intensity duration curves —Hatteras.
8.03.5