SW7080107_HISTORICAL FILE_20100308

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW laffeo
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE`0D�jD�'
YYYYMMDD

��� I JOzo
r�
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Lake New Bern Development LLC
Steve Tyson
820 Broad St.
New Bern, NC 28560
Dear Steve Tyson:
Division of Water Quality
Coleen H. Sullins
Director
March 8, 2010
Re: Failure to Provide Deed Restrictions
Stormwater Management Permit SW7080107
Lake New Bern PUD
High Density
Craven County
Dee Freeman
This letter is to inform you of certain conditions of your Stormwater permit that have not been met. In accordance with
Title 15A NCAC 2H.100, the Stormwater Management Regulations, deed restrictions and protective covenants are
required where lots will be subdivided and sold. Deed Restrictions and protective covenants are necessary to ensure that
the development maintains a "built -upon" area consistent with the applicable regulations governing the density level.
A DWQ file review confirms that copies of the recorded deed restrictions have not been provided to this Office. failure to
record the required deed restrictions constitutes a violation of Permit Number SW7080107 which states "Deed restrictions
are incorporated into this permit by reference and must be recorded with the Office of Register of Deeds prior to the sale
of any lot. In addition, a copy of the recorded restrictions must be received by this Office within 30 days of the date of
recording. Recorded deed restrictions must include as a minimum certain statements related to stormwater management
as outlined in both the permit and the notarized statement signed by the applicant at the time of permit request submittal.
Please provide proof of these required deed restrictions to this Office at the address listed on the letterhead within 30 days
of receipt of this letter. If you have any questions regarding this matter, please contact Amy Adams at [phone].
Sincerely,
Ams �l'YUd-i
Stormwater Compliance Coordinator
Washington Regional Office
Enclosures: Notarized Deed Statement
Cc: John Hennessy, NPS-ACOU
Central Filcs
WaRO Piles
North Carolina Division or Walcr Quality Internet: mwwncwu(:Tqualitpjmg
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone] One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110 % Post Consumer Paper N orth C aro l i n a
naturally

lRKT)
JAN 16 20CtINANC L RESPONSIBILITY/OWNERSHIP FORM
U J SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this
formand an acceptable erosion sand sedimentation control plan have been completed and approved by the
Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.)
P-art.-A
1. Project Name Lake New Bern — A Planned Unit Development
2. Location of land -disturbing activity: County Craven City or Township New Bern
Highway/Street Simmons Street Latitude N35° 7.5'
Longitude W77° 4.2'
3. Approximate date land -disturbing activity will commence: December 2007
-
4. Purpose.of development (residential, commercial, industrial, institutional, etc.): Residential
al
5._. dotal acreage disturbed or uncovered (including off -site borrow and waste areas): 35.84 Acres
6 Amount offeeenclosed: $ 2, 340.00 The application fee of $65.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $585).
Has an erosion and sediment control plan been filed? Yes X No Enclosed X
8. Person to contact should erosion and sediment control issues arise during land -disturbing activity:
Name Steve Tyson E-mail Address
Telephone [phone] Cell #
Fax #
9. Landowner(s) of Record (attach accompanied page to list additional owners):
Lake New Bern Development Co., LLC 252-514-9157
Name Telephone Fax Number
820 Broad Street 820 Broad Street
Current Mailing Address Current Street Address
New Bern NC 28 560 New Bern NC 28 560
City State Zip City State Zip
10. Deed Book No. 2420 Page No. 475 Provide a copy of the most current deed.
Part B.
Person(s) or firm(s) who are financially responsible for the land -disturbing —activity (Provide, a
comprehensive list of all responsible parties on an attached sheet): _�
Lake New Bern Development Co., LLC
Name E-mail Address
820 Broad Street 820 Broad Street
Current Mailing Address Current Street Address
New Bern NC 28560 New Bern NC 28560
City State Zip City State Zip
Telephone [phone] Fax Number —_

2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
Name
Mailing Address
State Zip
E-mail Address
Current Street Address
Telephone Fax
State Zip
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
of Registered Agent
Mailing Address
City
E-mail Address
Current Street Address
Zip City
Telephone Fax
State Zip
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there be any change in the information provided herein.
Steve Tyson
Type or print name
Signature
Beth Simmons
Member/Manager
Title or Authority
I1-2`s-2�o�
Date
a Notary Public of the County of Craven
State of North Carolina, hereby certify that Steve Tyson appeared
personally before me this day and being duly sworn acknowledged that the above form was
executed by him.
Witness my hand and notarial seal,
N% tSIMM//�,��.
MOTA RY
PUBLIC
i 09 C)
""I'll
VENICO`,C`���
this Zb t—day of NUJ t I , 20 L 1
Notary
My commission expires April 22, 2009

North Carolina Secretary of State
CORPORATIONS
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Date: 1 /15/2008
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Corporation Names
Name Name Type
NC LAKE NEW
rCCDEVELOFMENT
RN Legal
MPANY, LLC
Limited Liability Company Information
SOSID:
0820359
Status:
Current -Active
Date Formed:
12/30/2005
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name: Henderson, Baxter, Taylor
& Gatchel, P.A.
Registered 1319 Commerce Drive
Office Address: New Bem NC 28562
Registered
Post Office Drawer U
Mailing Address:
New Bem NC 28563
Principal Office
820 Broad Street
Address: New Bem.NC_28560
Principal Mailing
820 Broad Street
Address:
New Bem NC 28560
For questions or comments about the Secretary of State's web site, please send e-mail to Webmaster.
2 of 2 1/15/2008 3:25 PM

N. C. Department
of Environment and Natural Resources
).. ' Division of Environmental Health
INSPECTION OF ENGINEERED SUBSURFACE WASTEWATER SYSTEM
bti?k11VF. co •
I `? + d.L V�i�wFs
Health Department -
�
Name of Establishment
' Pennit/Projec[ No - •-
�
S I fog.-s,e . - ' °- •
--- - ...,z_ l o�.-p rat --- '
_ Location /
Estn ts
.Type of hmen[
Flowv�It11-c�-
si
Degn
Owner/Agent %
Address _ ,a -.
Phone,
- Operator Address -
-
/Pho e '
w RC 4
Remarks Ghlr. CY
• YeS , .o REMARKS
1. ESTABLISHMENT:
Type, flow in
j/.,
❑•,i�l'L"`—tn 4i i'I �'+'�%
7 I n R j
size, and sewage accordance with permit? ...................
SYSTEM:
�•.
�/
2. COLLECTION
No evidence of leaks into or out from sewer lines/manholes?...............
❑-XJ + -
/
Free of blockages/solids buildup in lines or manholes? .. ......
�, ❑.
/ ^
3. TANKAGE( Traps/Lift Sta[ions/Septief6d, ih'g Tanks).
,O
Tank risers accessible and surface water diverted? .......................`....��
Tanks and access manholes structurally sound watertight? ....:.::......
❑
.... ///
,
Sanitary tees) in working condition?
� ❑ j
good ...........................................
Tanks cleaned out as needed?/
❑/
pumped, ..... ....... .......... .... ...... .....:�....
4. RAW SEWAGE LIFT STATION (iflpresent): I'
Required pumps present, operating', and cycling properly ....................
.�,❑
High-water alarm present and,operating properly?..... _'-...........:...........
❑ "
��
Floats/pipe/valves/disconnects in good working condition? .................
in
❑:.,, , ;
- Control panel enclosure/ components good condition? ............ ...........
./,❑'.❑*
5. EFFLUENT DOSING SYSTEM:
Effluent appeariclear, free of excess solids? ....... .........................
❑
-
- PIMP SYSTEMS
❑ y-
-
Regwrd•p�npspresent, operating, and cycling properlyv ..
,rJ
❑ �.
.. _ .
High water alarm present and operating properlyv ....... ... .........
.�,
'
Floats/pipe/valves/disconnects in good working condition? ...........
Control -panel enclosure/components in good condition? ...
❑
Elapsed time readings: • /. .
-
SIPHON SYSTEMS:/
❑ ❑
No evidence of overflow or siphon leakage? .........................................
❑❑.
Siphon(s) appear to be working/alternating,properly?.......................:.._
_
O
Bells and vents free of debris and in good condition? ........ ....... .:..........
6. GROUND ABSORPTION FIELDS:'.
•"-` '•a:V
No evidence of effluent surfacing/reaching surface waters? .................
❑
Minimal pending in subsurface trenches?'...........'�...'.......::.................Q
"Surface
water being effectively diverted away?'.'.....;....:!....................Diversions/ditches/swales/tile
drains pr pe�lymaintained? ............�....
�'
Line cover/vegetation ad4uate/manitained as needed? ..::•..........:...........
�
Protected from traffic, desfrneGve uses?.:....:............................:............
Distribution devices in good condiiibn; workingprop6dl V:.0..............Repair
area properly reserved, maintained? .....................:...:....^..........
LOW-PRESSURE PIPE DRAIN FIELDS:
Tumups/cleanouts/valves intact and accessible? ' ......... :.:....... ::r'...........
❑ ++ - /
No effluent standing in lower laterals?..............................................Al❑
El//
Laterals free of excess solids, cleaned out as needed? .........................
❑
-
Pressure head is properly adjusted? ...........................................
.
OVERA L CONDITION AND OPERATION OF SYSTEM:/
II❑
-tom- A- - %•�S6ZIt n
C'U'A
SUMMARY
OF IMPROVEMENTS NEEDED:
Improvement /
Repair Within (Days)
V
� — I � � � �
�
t
AGENj
t f [I :DA.TE;,,, SIGNS
,
DENR 370: (Revived Y98)
Division of Environmental Health
On -Sim w.,m ,v, S.'u.n(Review 12/98)
—over—

AVOLIS ENGINEERING, P.A.
P.O. Box 15564 - New Bern, North Carolina 28561 - [phone]
September 28, 2007
Mr. Al Hodge
Environmental Engineer
NCDENR - Water Quality Section
943 Washington Square Mall
Washington, NC 27889
RECEIVED
JAN 15 2008
DWQ-WARO
RE: Lake New Bern - A Planned Unit Development
Simmons Street, New Bern, North Carolina
AE Project No. 07026
Dear Al:
Enclosed please find the following for the above -referenced project for your review and
approval:
• Stormwater Permit with Narrative (Original and One Copy)
• Project Plans (2 Copies)
• Stormwater Calculations (2 Copies)
• Soils Report (Two Copies)
• $505 Permit Fee
It is requested that you review the permit package at your earliest convenience.
Should you have any questions relating to this matter or need any additional information, please
do not hesitate to call.
Sincerely,
i Avolis, P.E.
President

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AVOLIS ENGINEERING, P.A.
f�17�.E Civil andEnvironmental Engineering
P.O. BOX 15565564 NEW BERM, NORTH CAROLINA 28561
PHONE: [phone] FAX: [phone]
SOILS MAP
LAKE OF NEW BERN

High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000, the Stormwater Management Regulations, deed restrictions and
protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and
sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective
covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the
design criteria used to size the stormwater control facility.
I, Steve Tyson , acknowledge, affirm and agree by my signature below, that I will
cause the following deed restrictions and covenants to be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number as issued by the Division of Water Quality under
NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is *See Below square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does
not include raised, open wood decking, or the water surface of swimming pools.
OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the following:
6. The maximum built -upon area per lot, in square feet, is as listed below:
Lot # BUA Lot # BUA Lot # BUA Lot # BUA
This allotted amount includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools.
All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street, grading
the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them
into a component of the stormwater collection system. Lots that will naturally drain into the system are
not required to provide these additional measures.
Signature:
Simmons
State of . North Carolina
County of Craven
6 — O e?
a Notary Public in the
do hereby certify that Steve Tyson personally appeared
before me this the i L9` day of 0.r) A, 20 D 6 , and acknowledge
e
the due execution of the foregoing instrument. Witness my hand and official WItniriiii
I MMO�'��ii
cw�
Signature g NOTARY
My Commission expires April 22, 2009 PUBLIC
Form DRPC-3 Rev.l
Page 1 of l
*No more than 511,292 SF, 11.74 acres for entire site.

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Stormwater Reviews
Subject: Stormwater Reviews 3 0068
From: Bill Moore <[e-mail]>
Date: Wed, 05 Mar 2008 17:35:51 -0500
To: "Avolis Engineering, P.A." <[e-mail]>
Hey Joe & Kevin,
Here are some comments about a couple of projects in the review stage:
(1) SW7071209 - Oriental Plaza: Joe, I will be in Friday, we can discuss the items
in my 2/25 Email.
(2) SW7080107 - Lake New Bern: Kevin, here is a brief list of items to address for
Lake New Bern project. sheet 610;` surface area &
storage volume #Is did not print clearly; I found Vs in Gals and wrote them on the
plan sheet in ink; please check your plan sheets.
- deed restriction supplement sheet should have
specific square footage for each lot; or attach a table with allowable BUA. It
appears that 3387sf would be the proper
number to insert on line 6. Since all drainage goes to a wet pond system, I would
make sure that whatever deed restriction #Is are
used, would not restrict/hamper development of the lots.
- (Vegetation plans should closely mirror the ;
language/items in the 2007 BMP manual, chapter 6. We are currently working on a
sample vegetation plan that would
highlight the requirements in the BMP manual; it may be awhile before its ready; will
provide a copy when available. For the current
projects, I recommend that you expand your existing vegetation plans to include some
of the items listed in the chapter. You could
accomplish this by adding a box on the plans with notes; maybe similar format to the
seeding specs for erosion control plans.
(3) SW7080113 - Gideon Creek Marina: Jvt, some preliminary thoughts about the
drainage basin adjacent to Gideon Creek. If you keep the BUA at or below the original
development & maximize the use of sheet flow/vegetated practices/buffers; then we
might could justify a permit without engineered sw controls for that drainage basin.
On the other hand, if there is any increase in BUA for this basin; then we will
probably have to consider engineered sw controls. Lets discuss this one.
1 of 1 3/10/2008 10:15 AM

Re: Stormwater Reviews]
Se
Subject: Re: Stormwater Reviews]
From: "Avolis Engineering, P.A." <[e-mail]>
Date: Mon, 14 Apr 2008 16:11:38 -0400
To: 'Bill Moore" <[e-mail]>
Bill:
Attached is the proposed revisions to the Lake New Bern pond perimeter shelf
planting. I am attaching a small sheet for your review. Full size plans (sheet C10)
are being mailed today. I hope these revisions are satisfactory.
Thank you for your assistance with this permit
Sincerely,
Kevin Avolis
----- Original Message ----- From: "Bill Moore" <[e-mail]>
To: "Avolis Engineering, P.A." <[e-mail]>
Sent: Monday, April 14, 2008 1:21 PM
Subject: [Fwd: Stormwater Reviews]
Kevin,
I am in the office today, please give me a call regarding Lake New
Bern project asap.
lake new bern.pdf Content -Type: application/pdf
Content -Encoding: base64
I of 1 4/14/2008 3:30 PM