SW7060601_HISTORICAL FILE_20090925

NORTH CAROLINA
Department of Environmental Qual

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW�O�l08�
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
DOC DATE
(%q25
WYYMMDD

THOMAS ENGINEERING, PA
CIVIL ENGINMRING•LAND DEVELOPMENT.PROJECT MANAGEMENT
US MAIL
To: North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Kristin Jarman
Re: Flamingo Oaks — SW7060601
NOV-2009-PC-0741 — Plan of Action
New Bern, Craven County
2003-043
Dear Kristin,
September 24, 2009
RE Em .
SEP 2 S 2009
Please find enclosed for the above referenced project documents to address your August
21, 2009 Notice of Violation Letter, which was signed for and received by the Owner on
August 26, 2009. We have originally had some email correspondence regarding this
project. With regards to the comments and areas where improvements are needed on the
project according to your letter, I have the following comments:
1) Restrictive covenants for this project were previously sent in to your office on
June 12, 2009 when we sent in the name change documentation for this project.
Enclosed are additional copies of what was previously sent.
2) The Engineer's Certification for this project was previously sent in to your office,
most recently on June 12, 2009 along with the name change documentation for
this project. Enclosed are additional copies of what was previously sent.
3) The vegetative swales have been mown by the Owner and woody vegetation has
been cleared. See attached pictures.
4) This inlet area to the pond was originally built according to plan and installed (see
enclosed pictures). The City of New Bern installed a waterline in this area after
the fact and disturbed this area. The property owner's association has recently
repaired the swale with stone (see enclosed pictures), however repair work still
needs to be done by the City of New Bern. This is out of the control of the
Owner, however the City of New Bern has agreed to repair the area within 30
days.
We continue to request a developer name change for this project as sent in on June 12,
2009. Your office has all of the documentation for this, but has yet to forward the new
permit named confirmation.
401 Howell Road.P.0. Box 1309.New Bern, A'C 28563
Phone: [phone].Fax: [phone]-Website: ThomasEngineeringNxom

THOMAS ENGINEERING, PA
CIVIL ENGIN ERING•LAND DEVELOPMPNT.PRO.7ECT MANAGEMENT
Additionally I would offer that these corrections appear to be very minor in nature. I
would offer that in the future these repairs could be addressed with a phone call or email
in lieu of a Notice of Violation. We appreciate the opportunity to work cooperatively
with the agencies to resolve issues such as these.
Please review and let me know if you have any questions or concerns, or disagree with
any of the above. Also, please let me know if this is an acceptable plan.
Thank you,
a, = 1 0' ==; q
Bobby Billingsley, PE
[e-mail]
Attachments
Ec: Rick Askew — Bluewater Homes
Kristin Jarman - DWQ
401 Nowell Road-P.O. Box 1309.New Bern. NC 28563
Phone: [phone].Fax: [phone].{f"ebsite: 7homasEngineeringPA.com

09/02/2009 11:B9 3 SCHEPER AND ASSOC PAGE 02
W
IR
North Carolina Department of Environment and Natural Resources
Divislan of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Auguat 21, 2009 7
CE D MAlh 07008 1300 00Q1 0434 6965
RETURN EC P REQUEST RECEIVED
Mr. Rick Asker SAP 2 ���
Seihern-Scheper, LLC
3940 U.S Hwy 70 East
New Bern NC 28560 DW11-WARD
Subject: NOTICE OF VIOLATION
NOV-2009•PC-0741
Permit Condition Violations
Stormwater Permit No.SW7060601
Flamingo Oaks
Craven County
Dear Mr. Asker:
This letter is to notify you that you are in violation of Title 15A North Carolina
Administrative Code (hereby known as NCAC) 2H .1003 for failing to comply with terms,
conditions and limitations of a Stormwater Management Permit. 15A NCAC 2H .1003 is
a rule of the Environmental Management Commission implementing Part I of Article 21
of the North Carolina General Statutes.
On July 30, 2009, Mrs. Kristin Jarman of the Washington Regional Office performed an
Inspection to determine the status of compliance with Stonnwater Permit Number
SW7060501 issued to you on .tune 21. 2006 for the subject project, off of Saratoga Lane
in Derby Park in New Bem, NC, and tying within Craven County, North Carolina. As a
result of the site inspection and file review, the following violations are noted:
1. There is not a copy of the Recorded Deed Restrictions on file.
2. There is not a signed copy of the Engineer's Certification on file.
3. The grass swales are not being properly maintained resulting in some
vegetative issues.
4. The side slopes at the inlet area are not 31 and are eroded with no
vegetation.
Nonh Carolina DiviAnn of Water Ounlily lateTmet %V-w-4 &UGMUk m
943 Washing Square Mall Phone. [phone] t One
Wa:himgM,►C27889 FAX 252-"6.9215 N �Cfaroljina
AnEgWOporkmWARhmMaactionEM;Wyw-50%ReGy6ied<l0%PostConswwPgor Nato afC

09102/ 2009 11: 09
5C HEPER AND ASSW PAGE 03
Page 2 of 2
S. Some of the side slopes contain woody vegetation.
ReciHested Respon§e
This. Office requests that you respond to this letter in writing to the address listed on the
letterhead within 30 cafender days of receipt of this Notice and should address the
following items:
1. Provide a Written "Plan of Action" which outlines the actions you wiD take to
correct the violation(s) and a time frame for completion of those actions.
a. Provide a Copy of the recorded deed restrictions as required in the
Permit.
b. Provide a copy of the Engineer's Certification on file {sample
c. Perform adequate Operation and Maintenance of the wales and side
slopes of the wet pond as required in the Permlt.
d. Evaluate the side slopes at the inlet structure and make sure they are
sloped at 3:1 per the approved plans.
Failure to provide the "Plan of Action" within 30 calendar days, or failure to oomect the
violations by the date designated in the "Plan of Action", are considered violations of 15A
NCAC 21-11.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143.215.6A.
Thank you for your attention to this matter. This office requires that the violations, as
detailed above, be abated Immediately. Please be advised, time violations and
any future violations are subject to a civil penalty assessment of up to $10,000.00
per day for each violation. Should you have any questions regarding these matters,
Please contact either Kristin Jarman or myself at [phone].
Sincerely,
4r, wu�pemor
Surface Water Protection Section
Washington Regional Office
Enclosures: Inspection Report
Designer's Certification Form
cc: John Hennessy- NPS-ACOU
WaRO Files
Central Office files

09/02/2009 11:09
3 SCHE AND ASSOC
PAGE 04
cesnearal
State Stormwater inspection Report
Pmj=Name. Flamingo Oaks
Pexnit No: SW7060601
Expiration Datc; 06/21/2016
Contact Person: John G. Thomas
Phone Number. 252-637-2727
inspection Type; Compliance
Inspection Date: 7/30/2009
Time In: 9:00am
Time Out: 10:00am
Current Weather: Sonny
Recent Rain (Date)?
Rain in
Wwooft
Facility Address / Location: Off Saratoga Lane in Derby Park
City: New Hem Zip: 28560 County: Craven Lat: "N Long: - "W
Parma l&rmution
Rule Subjectto (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule 5gssioa Jaw 2006-246
Goose Credo High Quality Waters Outstanding Resource Waters
Density (circle one): iH gh [®l Low (LD)
Stortnwater Best Management Pmotioes (BU Ps) Onssrr member of each):
^x,Wet Ponds Infiltration Basins Inflitration Trenches x_ Swales Stormwater Wetlands
Dry Ponds BioreLe:ntion Permeable Pavement _, Sand filters (circle one) Open Closed
Cistern Level Spreader/Film Strip Other (specify);
File Ravlaw Yes No NIA 1111E
1. Is the pemit active?
2. Signed llaat 'new's Certification on file?
3. Si ed Operation and Maintenance agreement on file?
x
a. Recorded Deed Restrictions on file?
5om Vleitt Ruilt Unnn Am2 MUM You No NIA NIE
5. QUA is constructed and consistent with the permit uiremems?
6. BUA aspermitted) is jWed such that the runoff drains to the system? (bigh dewity onW
x
7. Drainay area is consistent with van it? i.e, no unpermitted drz!SE to the SW BMPs
8. Drainage area is stabilirc0 to reduce risk of sedimentation to the SW BMPs
AIM Vkft-- Stonmwater BMPs Yea No NIA NIE
9. Ste mwater BMPs we located per the apEroved laps?
x
10. Stormwater BMPs have dimensions a length, width, Lma matching the!Epmved lads?
11. Stormwater BMN are eorsrveted per the Npovedplans?
x
Site Visit- Onaratlon and Malntenane a Yas No NIA WE
12. Access POW9 to the site are clear and well maintained?
x
13. Trash has been removed as needed?
la. Excessive landscqx debris s clippings, leave etc is controlled?
IS. Stormwater BMPs be" ed and maintained as per the permit uirements?
16. Lypecdon and Maintenance retards are available for inspection? density only, 1995 - pment onl
SRO V • P—thff brMilLconditloolYeas No NIA WE
17. is the site compliant with other conditions of the erruit? x
fib V' itr r ua lsrsuees Yes No NIA NIE
[ a. is the site compliant whh other water SgLdlty issues as noted duain the ' ? Ix
State Stomtwaur laspv*m Regan. Verdon 3.0 Pege 1 of 2

09/82/2009 11:09 3 SCWEPER AND ASSRC PAGE 05
State Stormwater Inspection Report
c:oMe M
Tbe'Enginepr's Certification and a copy of the recorded deed restrictions were not in the file. Maintenance is needed on the aide slope$ of
the wit•poM to ramava the large woody vegetation. Maintenance is needed in the Swale to remove the overgrowth. The side slopes at the
inlet ire arc et+oding and appear to be steeper than 3:1 and have no vegetative cover.
gamollance Stags a Compliant x Non -Compliant
Letter..Sent (clwle. are): Yea No Letter type: - CEI NOV NOVRE 01her•
Date Sent 2 / Z Reference Number.�U �' ' Z o 0 o DC
1nsRetnr Name and Signature: Dew; :Z/ 2 p019
Sm S wwm 1wpecdoe Repot, version 3.0 Pap 2 c 2

09/02/200S 11:09 3 SCHEPER AND ASSOC PAGE 06
WET DETENTION O & M Inspection Cheddist
1. - Inlets are located per the approved plans.,
❑ 4
❑
❑
2, Inlet device (swale or pipe) is free of damage, dogs or erosion:
❑
®
❑ ❑
3. Forebay berm Is In place and without erosion:
9
❑
❑ ❑
4. Forebay is free of excessive sediment:
®
❑
❑ ❑
S. Vegetated slopes are 3.1 or less:
❑
®
❑
❑
6. Banks are stable and free of eroslon or bare soil:
❑
10
❑
❑
7. Slopes or berms are free of woody vegetation:
❑
®
❑
❑
S. Free of muskrats or beaver activity:
®
❑
❑
❑
9. Grass is ring maintained and mowed (not scalped) as required:
®
❑
❑
❑
ap
10. Vegetated shelf is 6:1 or lair as permitted and property vegetated:
6n
❑
❑
❑
11. Algal growth covers less 50% of the area:
In
❑
❑
❑
12. Cattails, phragmites or other Invasive plants cover less than 50% of the basin surface:
IM
❑
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13. Main treatment area is free from excess sediment accumulation:
19
❑
❑
❑
-v
14. Swale or emergency outlet bypass is In the correct place and is In good condition;
❑
❑
®
❑
15. Dsawdown device is correctly sized free of damage or dogging:
❑
❑
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0
16. Orifice size matches the approved plans
❑
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0
17. Outlet is free of erosion or other signs of damage:
®
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18. Trash rack Is Installed
®
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19. Vegetated filter is In place (if applicable)
®
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20. Relative elevations match approved plans
®
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Cl
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21. Fountain pump (if permitted) is less than or equal to the maximum allowable size:
❑
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[K
❑
V3.3 09

Flamingo Oaks Subdivision
Stormwater Permit No: SW7060601
Craven County
Designer`s Certification
GENIE
SEP 2 5 2009
ID y IWr7 RO
State Stormwater Management Systems
Permit No. SW7060601
Page 1 of 2
I, .Jo� ,., 6. *--,,o5 , as a duly registered in the State of
North Carolina, having been authorized to observe (periodicailylweeklylful time} the construction of
the project,
a C3.4Af S ( S 'to / we �.v4.�� T� ru
(Project)
for Ca %e,e r- LLCr (project Owner) hereby state that, to the best of my
abilities, due care and diligen a 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.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signi
Regi
Date
Page-7-of-8
SEAL

f ' State Stormwater Management Systems
permit No. 2&060601
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
��2. The drainage area to the system contains no more than the permitted amount of bulit-
upon area.
3. Al the buiit-upon area associated with the project Is graded such that the runoff drains
o the system.
�4.
All roof drains are located such that the runoff is directed into the system.
:fe.
a outiet/b ass structure elevations are per the approved Ian.
YP P PP P
The outlet structure is located per the approved plans.
3P8.
Trash rack is provided on the outlet/bypass structure.
All slopes are grassed with permanent vegetation.
g �
::�::9�
• Vegetated slopes are no steeper than 3:1.
:�—�i0. The inlets are located per the approved plans and do not cause short-circuldng of the
system.
1. The permitted amounts of surface area and/or volume have been provided.
✓12. equired drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
:Z14. Al required parts of the system are provided, such as a vegetated shelf, a forebay, and
/the vegetated fitter. .
is. The required dimensions of the system are provided, per the approved plan.
cc: NCDENR-DWQ Regional Office
New Bern City Building Inspections
Page$of 8 — -
1

(Page 1 o1: 10)
11111111k1INT111G1111111
Imape [D: 0110001412:29 Type: CRP
Retarded: 0511,12008 at 01:11:48 PM
Fee Amt: $41.00 Pape 1 of 10
Craven, NC E c E
Sherri a, Richard Aepieter of Deeds
RK2724 P(1442 {
NORTH CAROLINA ✓
AMENDMENT TO DECLARATION OF';�
CRAVEN COUNTY COVENANTS, CONDITIONS AND RESTRICTIONS
THIS AMENDMENT TO DECLARATION Of COVENANTS,`'CONtDITIONS
AND RESTRICTIONS, made and entered into this j_a_ day, f4May, 2008�.by and between
BLUE WATER HOME CONSTRUCTION, LLC, a North Carblina,limitcd liability company
duly organized and existing under and by virtue of the'laws of.the-State of North Carolina with
its principal office and place of business in(New Berri; Ivorth'Carolina, SELLHORN-
N /
SCHEPER, L.L.C., a North Carolina limited liability c` pany duly organized and existing
under and by virtue of the laws of the State of North Carolina with its principal office and place
of business in New Bern, North Carolina, CRAYTON & COMPANY, a North Carolina
corporation duly organized and; e`xisting,tlnder" and`by virtue of the laws of the State of North
Carolina with its principal place ��of business tin New Bern, North Carolina, and CRAYTON
t
BROS., a North Carolina, generil,paiTinership, duly organized and existing under and by virtue of
the laws of the State -of North Carolina "with its principal place of business in New Bern, North
Carolina ("DECLARANTS_");,_ and all CURRENT OWNERS and PROSPECTIVE
PURCHASERS ("OWNERS and PURCHASERS") of lots of land hereinafter enumerated and
situate in FLAMINGO OAKS, SECTION° TWO according to the plan of record in the Office of
3 �
the Register of Deeds' of Craven County, North Carolina in Plat Cabinet 11, Slide 101-C & 101-
D, the same depicting a subdivision in the City of New Bern, in Number Eight Township,
Craven County, North Carolina, is as follows:
Prepared By L/
Suaarell, Sugg, Carmichael, Hicks & Hart, P.A.
Attorneys at Law
416 Pollock Street
Post Office Drawer 884
New Bern, North Carolina 28563
sEP 2 5 2009
Book 2724, Paae 442, File Number

(Page 2 of '10)
WITNESSETH:
THAT WHEREAS, BLUE WATER HOME CONSTRUCTION, LLC and CRAYTON
BROS. are the developers of Derby Park, Section IV -A, Part 1 and Part 2 ("Subdivision"), as the
same are depicted on maps of record in the Office of the Register of Deeds of Craven County,
North Carolina in Map Book G, Page 87, Slide A and Map Book G, Page 95, Slide H; and, ''•��. f
WHEREAS, in conjunction with the development of the Subdivision, BLUE WATER '
j - -_✓
HOME CONSTRUCTION, LLC and CRAYTON BROS, recorded in Book 17At Page"9,17_in� l
the Office of the Register of Deeds of Craven County, North Carolina a certain Declaration of
Covenants, Conditions and Restrictions ("Master Covenants'); and
WHEREAS, in Article 14 of the Master Covenants BLUEc`, WATER HOME
CONSTRUCTION, LLC and CRAYTON BROS. reserve [ eh ,right to develop additional land
for single family lots in close proximity to the Subdivision and.to add'said"additional lots to the
Subdivision; and, /J4
WHEREAS, SELL HORN- SCHEPER; L:L.0 ,and,CRAYTON & COMPANY(Sellhorn-
Scheper, Crayton & Company, Blue Water Homcs'Construction, LLC and Crayton Bros. being
owned in part by the same principals), infconjunction with BLUE WATER HOME
CONSTRUCTION, LLC and fCRAYTON BROS., have developed FLAMINGO OAKS,
1' < �T r
SECTION TWO ("Additional Properties").„as shown on a map of same recorded in Map Book
H, Slide 101-C & 101-1D;.fo using e family l t`s in close proximity to the Subdivision and do now
desire to add the Additional Properties td the Subdivision and to make the Additional Properties
subject to the Master Covenants.,
r \ `,
NOW -THEREFORE, SELLHORN-SCHEPER, L.L.C., BLUE WATER HOME
CONSTRUCTION,�LL-C, CRAYTON & COMPANY and CRAYTON BROS. hereby amend
S
the Master Covenants asy follows:
1. ADDITIONAL PROPERTIF,S: The provisions of the Master Covenants shall
apply frilly to the Additional Properties, and the Additional Properties are hereby added to the
Subdivision.
2. RESTRICTIONS: All restrictions contained in the Master Covenants shall be
fully applicable to the Additional Properties, except as modified by the plats of the Additional
Properties. {IpVtpiEl�lII�IIWuWIlGV1�Ijq Ill
!mane ID: 000001412a30 Type: GRP
Pape 2 of 10
aK2724 PD443
Book 2724, Pace 442, File Ntunber

(Page 3 of 1`0)
MEMBERSHIP IN THE ASSOCIATION: All Owners and Purchasers of the
Additional Properties shall become members of the Derby Park Section IV -A Property Owners'
Association, Inc., in accordance with the Master Covenants.
4. STORMWATER MANAGEMENT: Any and all improvements,iri-1the
Additional Properties shall comply at all times with Stormwater Permit No. SW7060601 as`
issued by the North Carolina Division of Water Quality, including specifically but not•limited to
..` 1,
the following terms and conditions of said permit;
a. The State of North Carolina is hereby made a'•bencficiaryof this
instrument to the extent necessary to maintain compliance with said permit. ' ;� ' /
b. The terms and conditions of this instrument run with the land- ereinabove
described and are binding on all persons and parties acquiring title thereto_, fl
C. The terms and conditions of tki sip ra agraph 4`may of be altered or
rescinded without the express written consent of the St ate•of,Narth•Carolina, Division of Water
r4 •�� V
Quality.
d. Authorization of the dr age plan, asfshown on the approved plans may
not take place without the concurrence of lift .State of North Carolina, Division of Water Quality.
e. The maximum -build upon.area per lot is 3,600 square for lots 1 through
68. This allotted amount includes any build; 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. The build_upon�areas ncludes but is not limited to, structures, asphalt, concrete,
gravel, brick, stone slaw, -coquina and parking areas, but odes not include raised, open wood
decking or the water surface of swimming pools.
� 5
f. Lots within CAMA's area of environmental concern may be subject to a
reduction in,their allowable build upon area due to CAMA regulations.
g.. --r All runoff on the lot must drain in the permitted system. This may be
accomplished through providing roof drain gutters, which drain to the street, grading the lot to
drain towards the street, or grading perimeter swells and directing them into the pond or street.
Lots that will naturally drain into the system are not required to provide these measures.
K. Build upon area in excess of the permitted amount will require a permit
modification, IIII�II��I�1�U���{II�I� ���I�I�I�IIIIgN
IeWpe I0: 000001412831 Type: CRP
Pope 3 of 10
13K2724 m444
Book 2724. Page 442, File Number

(Page 4 of 10)
IN TESTIMONY WHEREOF, BLUE WATER HOME CONSTRUCTION, LLC,
SELLHORN-SCHEPER, L.L.C., CRAYTON AND COMPANY and CRAYTON BROS. have
executed this instrument in such form as to be binding, on the year and day first above written.
BLUE WATER HOME CONSTRUCTION; LIL .
A Limz�,
' •'�i
BY:
` {SEAL), �
MILTON H. ASKEW, Ill
Member/Manager f'
4`
BY: } (SEAL)
REN B. ASKEW
Member/Manaaei\ t°`
BY:
/MILTON H. ASKEW, IV
h, Member Manager
i
SELh16RN-SCIIEPER, L.L.C.
A'Limited Liability Company
'BY: ` (SEAL)
m\J KY L. SCHEPER
.w .
Member/Manager
BY: dAIl�-, (SEAL)
RICHARD D. SELLHORN
/ Member/Man r
BY: ' {SE A L}
ILLIP R. SELLHORN
MemberlManager
I�'IYU1111��S�l�idJJkYNI�A41119�1IAlll��UE
Image ID: 000001412832 Tyo*. CRP BY: (SEAL)
Pans 4 or 10 MILTON H. ASKEW, III
aK2 7 2 4 Pa4 45 Member/Manager
Book 2724. Page 442. File Number

(Page 5 of'10)
BY:
CRAYTON BROS.
A General P
(SEAL}�
WALTER F. CRAYTON
7n
BY: (SE )• �-,.
-FXUL YTON. J If- ff
Partner
CRAYTON &COMPANY
A North Carolina Corporation } '
BY: / / (SEAL)
President
r
NORTH CAROLINA _ _ �'
CRAVEN COUNTY— '/ � '�,� � _ L'�cbra n2c I ('rll �1155
[, n a Notary Public of Craven County,
do hereby certify that MIL'TON H. ASKEW, [II, being a member/manager of BLUE WATER
HOME CONSTRUCTION, LLC, a limited liability company, personally appeared before me
this day. and acknowledged the` due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this day of May, 2008.
tfctQ-,LC rn' '-% PCFno
NOTARY PUBLIC
My Commission Expires: Ma -,j a o l a `��ttuni►r1Jp��
��NIII�`I}�II,fIJ �pl�I�gII� II q��i Iy •�` Q,P •°lE;•�
II�I�iI�It��t�I��IVNI��IMI�uIWlll�l N _`Q�' �bTA�� + �N
Image ID: 000001412833 Type: CRP r- �00- *�
Pape 5 of 10 G
aK2724 P0446 ;9•.460$0:'
c �fF'' f j ou.0
Book 2724. Pace 442. File Nbmber

(Page 4 of 10)
NORTH CAROLINA
CRAVEN COUNT fora rY?rrle (( ric, S5
C7a'`I'
a Notary Public of Craven CCounty,
do hereby certify that KAREN B. ASKEW, being a member/manager of BLUE WATER`
HOME CONSTRUCTION, LLC, a limited liability company, personally appeared -before me`
this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this day of May, 2008.
NOTARY'P.UBLIC_ i
My Commission Expires: `I?'lna,�2eD �01aL OrrRRE4ifl,,,
gtc��'4plARjo ' cn
NORTH CAROLINA , �2�-9 A[18UG ''4F
CRAVEN COUNTY rci i a ��� N COki",
1,w''"r"'• - van a Notary Public of Craven County,
do hereby certify that MILTON W ASKEW,W, being a member/manager of BLUE WATER
HOME CONSTRUCTIOk'LLC,*a limited liability company, personally appeared before me
this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this � day of May, 2008.
NOTARY PUBLIC
t�uua�
My Commission Expires:��,:� n,�•,_, `\\\������5 ,;�� A���'
q��: �07AAy•!FN
maps 11): 000001412834 Type: CRP j'`�ti""' `\\\\
Papa s or 10 q��11COUtti��!
BK2724 PG447
Book 2724, Pave 442, File Number

(Page 7 of 10)
NORTH CAROLINA
CRAVEN COUNT i-
24etoro rylr r let I jXPSS
do hereby certi that RICKY L. SCHEPER, being a
SCHEPER, L.L.C., a limited liability company, personally
a Notary Public of Craven County,
WITNESS my hand and notarial seal, this C?"day of May, 2009.
NOTARY PUBLIC_;
f' f
My Commission Expires: -r )a 4 QG a-ot?-
%snq;':
Af
Qto IOTA qk •Fm
:mom
.�--m o e*''
J Y
co
SELLHORN-
this day 'and
NORTH CAROLINA
CRAVEN COUNTY
1, 0 1 IesS a Notary Public of Craven County,
do hereby certify that RICHARD•D. SELLHOR`, being a member/manager of SELLHORN-
SCHEPER, L.L.C.`, a liinited,liability company, personally appeared before me this day and
acknowledged.the due execution of the foregoing instrument.
WITNESS my h' d and notarial seal, this � day of May, 2008,
NOTARY PUBLIC
My Commission Expires:-,L-nQ,,, A(a ')o l a
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(Page 8 oP•10)
NOPLTH CAROLINA
CRAVEN COUNTY
1, Ce?'L>rer r')orrp_i 1 �2Cts:5 , a Notary Public of Craven County,
do hereby certify that PHILLIP R. 5ELLHORN, being a member/manager of SELLHORN-
SCHEPER, L.L.C., a limited liability company, personally appeared before me this day�and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this 8 day of May, 2008.,E
NOTARY PUBLIC;
My Commission Expires: IrY7cc,, aca
s�' �0U8C1G ; av .
NORTH CAROLINA
CRAVEN COUNTrek n-)0 rfF 1 1 (-XC0.0
I, 1 a Notary Public of Craven County,
do hereby certify that MILTO)\ H..ASKEW, Ill, being a member/manager of SELLHORN-
SCHEPER, L.L.C:�Tlhnited`liability company, personally appeared before me this day and
acknowledged the due execution -of the foregoing instrument.
WITNIESS,my.hand and notarial seal, this day of May, 2008.
NOTARY PUBLIC
My Commission Expires:
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(Page 9 of 10)
NORTH CAROLINA
CRAVEN COUNTY
1, • P (UuJ` '5 a Notary Public of Craven County,
do hereby certify that WALTER F. CRAYTOI\, being a general partner of CRAYTON BROS.,
a General Partnership, personally appeared before me this day and acknowledged the,due�
execution of the foregoing instrument.
WITNESS my hand and notarial seal, this lay of May, 2008.
\,V
NOTARY PUBLIC
My Commission Expires
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NORTH CAROLINA ; • �, �,
CRAVEN COUNTY
a Notary Public of Craven County,
do hereby certify that PAUL'W: CRAYTON, JR., being a general partner of CRAYTON
BROS., a General -Partnership, personally appeared before me this day and acknowledged the
due execution of,the foregoing.instrument.
WITNESS my -hand and notarial seal, this &caay of May, 2008.
NOTARY PUBFLIC
My Commission Expires:
lmepe 10: 0OW01412837 Type: CRP
Pape B of 10
gK2724 PG450
Book 2724. Paae 442. File Nbmber

(Page 10 of 10)
NORTH CAROLINA
CRAVEN COUNTY
I. I C a Notary Public of Craven County, do
hereby certify that personally appeared before me this dayland
acknowledged that he is the FLU Presi ent of CRAYTON & COMPANY, a corporation,
and that the foregoing instrument was signed by him for and in its name as the act of,the
corporation. WITNESS my hand and notarial seal, this 1 `day of :May, 2008.
�. V. ,
My Commission Expires:
f NOTARY PUBLICDOD
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THOMAS ENGINEERING, PA
37 CIVIL ENGII\'EERING.L&ND DEVELOPMENT.PROJECT MANAGEMENT
September 8, 2004 ,,,, c
CERTIFIED MAIL 47009 0080 0001 2606 0052
RETURN RECEIPT REQUESTED c;` 7 V
�1 z��9
To: North Carolina Division of Water Quality
943 Washington Square Mall O1-WAR0
Washington, NC 27889
Attn: At Hodge
Regional Supervisor
Re: Notice of Violation
NOV-2009-PC-0741
Stormwater Management Permit No. SW7060601
Flamingo Oaks
Craven County
Dear Al,
On behalf of Sellhorn-Scheper, LLC, I am responding to the "Notice of Violation"
(NOV) dated August 21, 2009 that was received on August 26, 2009 regarding the
referenced, of which a copy is hereto attached. The NOV notes five (5) violations to
which I offer the following responses:
1. "There is not a copy of the Recorded Deed Restrictions on file. " This document
was mailed to your office under cover letter dated February 5, 2009.
2. "There is not a signed copy of the Engineer's Certification on file. " This
document was mailed to your office under cover letter dated February 5, 2009.
3. "The grass swales are not being properly maintained resulting in some vegetative
issues. " We concur with this observation.
4. "The side slopes at the inlet area are not 3:1 and eroded with no vegetation. " We
concur with this observation.
5. "Some of the side slopes contain woody vegetation. " We concur with this
observation.
LPrior to October 8, 2009, the-aboye.itenis 3, 4,A.5.will-be•corrected.b'y-Sellhornt,-,-�,
ZScheper, LLC.
Under cover of letter dated June 12, 2009, we forwarded the required and properly
executed stormwater permit owner name change documents to your office. Please advise
us on the status of the stormwater permit owner name change/transfer for this project.
309 Metcalf Street.P.0. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone].i ebsite: ThomasEngineeringPA.com

A0
THOMAS ENGINEERING, PA
CIVIL EiVGIN'EERI\TG•LAiYD DEVELOPMENToPROJECT MANAGEMENT
On future "Notices of Violations", please make reference to the specific permit item for
each noted violation. Also, as a matter of note, in lieu of going to the extreme of drafting
such a notice for such minor concerns and incurring the associated expenses, it would
appear that a simple phone call by you or your staff to either the Owner or the Engineer
of Record for discussion of the issues would be in order. I also noticed that we were not
copied on the NOV ....... please copy the Engineer of Record on future notices.
If you have y questions or comments, please do not hesitate to call. I hope you are
doing we .
4Sinc ely,
Sohn G. Thomas, PE
encls
cc w/encls: Rick Askew (Sellhom-Scheper, LLQ
309 Metcalf Street.P.0. Box 1309-New Bern, NC 28563
Phone: [phone].Fax; [phone]-Website: ThomasEngineeringPA,com

99/62/2669 11:69 3 SCHEPER AND ASSOC PAGE 62
A�
CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 21, 2009
CERTIFIED MAIL #7008 1300 0001 0434 6965
RETURN RECEIPT RgQUESTED
Mr. Rick Asker
Seihorn-Scheper, LL.0
3940 U.S Hwy 70 East
New Bern NC 28560
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0741
Permit Condition Violations
Stormwater Permit No.SW7060601
Flamingo Oaks
Craven County
Dear Mr. Asker:
This letter is to notify you that you are in violation of Title 15A North Carolina
Administrative Code (hereby known as NCAC) 2H .1003 for failing to comply with terms,
conditions and limitations of a Stormwater Management Permit. 15A NCAC 2H .1003 is
a rule of the Environmental Management Commission implementing Part I of Article 21
of the North Carolina General Statutes.
On July 30, 2009, Mrs. Kristin Jarman of the Washington Regional Office performed an
Inspection to determine the status of compliance with Stormwater Permit Number
SW7060601 issued to you on June 21, 2006 for the subject project, off of Saratoga Lane
in Derby Park in New Bern, NC, and lying within Craven County, North Carolina. As a
result of the site inspection and file review, the following violations are noted:
1. There is not a copy of the Recorded Deed Restrictions on file.
2. There is not a signed copy of the Engineer's Certification on file.
3. The grass swales are not being properly maintained resulting in some
vegetative issues.
4. The side slopes at the inlet area are not 3:1 and are eroded with no
vegetation.
North Carolina Division or Water Quality Intemat tiv,, .uv( tCmuniity ;z
943 Washington 5guatc Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NO. hCa olina
An Equal OpportunitylAffina the Action Employer — 50% ReeycledAG%post Consumer Paper Awtl al!

09/02/2009 11:09 3 SCHEPER AND ASSOC PAGE 03
Page 2 of 2
5.
Some of the side slopes contain woody vegetation.
Requested Response
This Office requests that you respond to this letter in writing to the address listed on the
letterhead within 30 calendar days of receipt of this Notice and should address the
following items,
1. Provide a Written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions.
a. Provide a copy of the recorded deed restrictions as required in the
Permit,
b. Provide a copy of the Engineer's Certification on file (sample
en
c. Perform adequate Operation and Maintenance of the swales and side
slopes of the wet pond as required in the Permit.
d. Evaluate the side slopes at the inlet structure and make sure they are
sloped at 3:1 per the approved plans.
Failure to provide the "Plan of Action" within 30 calendar days, or failure to correct the
vioiations by the date designated in the "Plan of Action", are considered violations of 15A
NCAC 21-1.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215,6A.
Thank you for your attention to this matter. This office requires that the violations, as
detailed above, be abated immediately. Please be advised, these violations and
any future violations are subject to a civil penalty assessment of up to $40,000,00
per day for each violation. Should you have any questions regarding these matters,
please contact either Kristin Jarman or myself at (252) 946-W1.
Sincerely,
odg"; �nair5up sor _-
Surface Water Protection Section
Washington Regional Office
Enclosures- Inspection Report
Designer's Certification Form
cc: John Hennessy- NPS-ACOU
WaRO Files
Central Office Files

09/02/2009 11:09 3 SCHEPER AND ASSOC
PAGE 04
State Stormwater Inspection Report
r-anorsl
Project Nanne: Flamingo Oaks
Permit No: SW7060601
Expiration Date: 06/21 /2016
Contact Person: John G. Thomas
Phone Number: 252-637-2727
Inspection Type: Compliance
Inspection Date: 7/30/2009
Time In: 9:00am
Time Out: 10:00am
Current Weather: Sunny
Recent Rain (Date)?
Rain — in
Location
Facility Address / Location: Off Saratoga Lane in Derby Park
City: New Bern xip: 28560 County: Craven Lat: "N Long: - "W
Permit Information
Rule Subjeetto (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-244
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): High M Low (LD)
Stormwater Best Management Practices (BAPS) (insert number of each):
-x-Wet Ponds Infiltration Basins Infiltration Trenches ,_ x Swales Stormwater Wetlands
Dry Ponds Bioretention _Permeable Pavement _Sand filters (circle one) Open Closed
Cistern Level Spreader/Filter Strip Other (specify):
File Review Yes No NIA NIE
1. Is the permit active?
x
2. Signed Engineer's Certification on file?
x
3. Signed Operation and Maintenance agreement on file?
x
4. Recorded Deed Restrictions on file?
x
Site Viniv Built Unon Area ISUA1 Yes No NIA NIP
5. SUA is constructed and consistent with the permit r uirements?
6. RUA as prrmitted is gaded. such that the runoff drains to the s stem? b.i h dens Lty only
x
7. Draina a area is consistent with ermit7 i.e. no unpermitted drainage to the SW BMPs
x
8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs
x
Site Visit: Stormwater BMPs Yes No NIA NIE
9, Stormwater BMPs are located per the approved fans?
x
10, Storm Water BMPs have dimensions e . len , width, Area matching the approvedplans?
x
11. Stormwater BMPs are constructed per the approved.plans?
x
Site Visit, Oneratlon and Maintenance Yes No NIA NIE
12. Access points to the site are clear and well maintained?
x
13. Trash has been removed as needed?
x
14, Excessive landscape debris (gms clippings, leaves, etc is controlled?
X
15. Stormwater BMPs bein o erated and maintained as per the ermit re uirements?
16. Ins ection and Maintenance records are available for inspection? i density only, 1995 — present only)
x
Site Visit: Other Permit Conditions Yes No NIA NIE
17. Is the site compliant with other conditions of thepermit? x
Site Visit: Other Water Qualitz Issues Yes No NIA NIE
I S. Is the site compliant with other water duality issues as noted during the inspection? I I x
State Stormwater Inspcuion Rcpon- Version 3.0 Page 1 of 2

09/02/2009 11:09 3 SCHEPER AND ASSOC PAGE 05
State Stormwater Inspection Report
Comments
Ttle'Engineer's CmiScation and a copy of the recorded deed restrictions were not in the file. Maintenance is nettled on the side slopes bf
the wet`yoato remove the large woody vegetation. Maintenance is needed in the Swale to remove the overgrowth. The side slopes at the
'inlet kTiicturc arc eroding and appear to be steeper dials 3:1 and have no vegetative cover.
'Inlet —hanks not 3:1, eroded, no
Compliance Status C Compliant x lion -Compliant
Lett4r.Sent -Prua. one)::Yes No Letter type: CEI NOV NOVRE Other
Date Sent: ZvC' % Reference Number:U
Inspector Name and Signature: f 1 ,ram Date: z/Ao a
ton
State Stormwaw Gupertton Report, V=ion 3,0 pogc 2 of 2

09/02/2009 11:09 3 SCHEPER AND ASSOC
PAGE 06
WET DETENTION 0 & M Inspection Checklist
1.
Inlets are located per the approved plans: Li
X]
LJ
LJ
2.
Inlet device (swale or pipe) is free of damage, clogs or erosion:
❑
®
❑
❑
3.
Forebay berm is in place and without erosion:
Q
❑
❑
❑
4.
Forebay is free of excessive sediment:
®
❑
❑
❑
ik1,10-1E�c3� r cud h 4i�
5.
Vegetated slopes are 3:1 or less:
❑
❑
[]
6.
Banks are stable and free of erosion or bare soil:
❑
RP
❑
❑
7.
Slopes or berms are free of woody vegetation:
❑
®
❑
❑
8.
Free of muskrats or beaver activity;
®
❑
❑
❑
9.
Grass is being maintained and mowed (not scalped) as required:
®
❑
❑
❑
10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated:
N1
❑
❑
Cl
11. Algal growth covers less 50% of the area:
191
❑
❑
❑
12. Cattails, phragmltes or other invasive plants cover less than 50% of the basin surface:
❑
❑
❑
13. Main treatment area is free from excess sediment accumulation:
❑
❑
❑
r`.
1.4. Swale or emergency outlet bypass is In the correct place and is in good condition:
❑
❑
®
❑
15. Drawdown device is correctly sized free of damage or clogging:
❑
❑
❑
jK
16. orifice size matches the approved plans
❑
❑
❑
[Z.
17. outlet is free of erosion or other signs of damage:
1K
❑
❑
❑
18. Trash rack is installed
ER
❑
❑
[]
19. Vegetated filter is In place (if applicable)
El
❑
❑
[1
20. Relative elevations match approved plans
®
❑
❑
❑
21. Fountain pump (if permitted) is less than or equal to the maximum allowable size;
❑
E-]
Z
❑
V3.3 09

Uxt to
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 21, 2009
CERTIFIED MAIL #7008 1300 0001 0434 5965
RETURN RECEIPT REQUESTED
Mr. Rick Asker
Selhorn-Scheper, LLC
3940 U.S Hwy 70 East
New Bern NC 28560
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0741
Permit Condition Violations
Stormwater Permit No.SW7060601
Flamingo Oaks
Craven County
Dear Mr. Asker:
This letter is to notify you that you are in violation of Title 15A North Carolina
Administrative Code (hereby known as NCAC) 2H .1003 for failing to comply with terms,
conditions and limitations of a Stormwater Management Permit. 15A NCAC 2H .1003 is
a rule of the Environmental Management Commission implementing Part I of Article 21
of the North Carolina General Statutes.
On July 30, 2009, Mrs. Kristin Jarman of the Washington Regional Office performed an
Inspection to determine the status of compliance with Stormwater Permit Number
SW7060601 issued to you on June 21, 2006 for the subject project, off of Saratoga Lane
in Derby Park in New Bern, NC, and lying within Craven County, North Carolina. As a
result of the site inspection and file review, the following violations are noted:
1. There is not a copy of the Recorded Deed Restrictions on file.
2. There is not a signed copy of the Engineer's Certification on file.
3. The grass swales are not being properly maintained resulting in some
vegetative issues.
4. The side slopes at the inlet area are not 3:1 and are eroded with no
vegetation.
North Carolina Division oi• Water Quality Internet: �c�c�c.ncwatcrqualita,ora
943 Washington Square Mall Phone: [phone] One
Washington, NC27899 FAX [phone] North Carolina
An Equal Opportune tylAffinnabve Action Employer— 50°% Recycled110% Post Consumer Paper / atut-ally

Page 2 of 2
5. Some of the side slopes contain woody vegetation.
Requested Response
This Office requests that you respond to this letter in writing to the address listed on the
letterhead within 30 calendar days of receipt of this Notice and should address the
following items:
Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions.
a. Provide a copy of the recorded deed restrictions as required in the
Permit.
b. Provide a copy of the Engineer's Certification on file (sample
enclosed).
c. Perform adequate Operation and Maintenance of the swales and side
slopes of the wet pond as required in the Permit.
d. Evaluate the side slopes at the inlet structure and make sure they are
sloped at 3:1 per the approved plans.
Failure to provide the "Plan of Action" within 30 calendar days, or failure to correct the
violations by the date designated in the "Plan of Action", are considered violations of 15A
NCAC 2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
Thank you for your attention to this matter. This office requires that the violations, as
detailed above, be abated immediately. Please be advised, these violations and
any future violations are subject to a civil penalty assessment of up to $10,000.00
per day for each violation. Should you have any questions regarding these matters,
please contact either Kristin Jarman or myself at [phone].
Sincerely,
477AIdge, anriF upe sor
Surface Water Protection Section
Washington Regional Office
Enclosures: Inspection Report
Designer's Certification Form
cc: John Hennessy- NPS-ACOU
WaRO Files
Central Office Files

11
State Stormwater Inspection Report
General
Project Name: Flamingo Oaks
Permit No: SW7060601
Expiration Date: 06/21/2016
Contact Person: John G. Thomas
Phone Number: 252-637-2727
Inspection Type: Compliance
Inspection Date: 7/30/2009
Time In: 9:00am
Time Out: 10:00am
Current Weather: Sunny
Recent Rain (Date)?
Rain — in
Location
Facility Address / Location: Off Saratoga Lane in Derby Park
City: New Bern Zip: 28560 County: Craven Lat: ° "N Long: - ° 4'4W
Permit information
Rule Subject to (circle one): 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): High D Low (LD)
Stormwater Best Management Practices (BMPs) (insert number of each):
x Wet Ponds Infiltration Basins Infiltration 'Trenches x Swales Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed
Cistern Level Spreader/Filter Strip Other (spec):
File Review Yes No NIA NIE
1. Is the permit active?
x
2. Signed Engineer's Certification on file?
x
3. Signed Operation and Maintenance agreement on file?
x
4, Recorded Deed Restrictions on file?
x
Site Visit: Built Upon Area (BUA)
Yes No NIA NIE
5. BUA is constructed and consistent with the permit requirements?
x
6. BUA as ermitted) is graded such that the runoff drains to the system? (high density only)
x
7. Drainage area is consistent withpermit? i.e. no un ermined drainage to the SW BMPs
x
8. Drainage area is stabilized? (to reduce risk of sedimentation to the SW BMPs)
x
Site Visit: Stormwater BMPs
Yes No NIA WE
9. Stormwater BMPs are located per the approvedplans?
x
10, Stormwater BMPs have dimensions (e . len th, width, area) matching the approvedplans?
x
11. Stormwater BMPs are constructedper the approvedplans?
x
Site Visit- Oneration and Maintenance
Yes No NIA NIE
12. Access points to the site are clear and well maintained?
x
13. Trash has been removed as needed?
x
14. Excessive landscape debris (grass clippings, leaves, etc) is controlled?
x
15. Stormwater BMPs bein o erated and maintained as per the permit requirements?
x
16. Inspection and Maintenance records are available for inspection? (high density only, 1995 — present only)
x
Site Visit: Other Permit Conditions Yes No NIA NIE
17. 1s the site compliant with other conditions of thepermit? x
Site Visit: Other Water Quality Issues Yes No NIA NIE
18. Is the site compliant with other water quality issues as noted durine the inspection? F I x
State Stormwater Inspection Report, Version 3.0 Page 1 of'2

State Stormwater Inspection Report
The Engineer's Certification and a copy of the recorded deed restrictions were not in the file. Maintenance is needed on the side slopes of
the wet pond to remove the large woody vegetation. Maintenance is needed in the swale to remove the overgrowth. The side slopes at the
inlet structure are eroding and appear to be steeper than 3:1 and have no vegetative cover.
me of the pictures taken during the site vis
01111101wrIff
Inlet —banks not 3:1, eroded, no vegetation Woody vegetation on slopes Swale filled with overgrown vegetation
Compliance Status o Compliant x Non -Compliant
Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other
Date Sent: _5 Z �" t Reference Number:/l,0 G'' IBC
Inspector Name and Signature-._ , :, �t-,( �Date: ' /1 z?
State Stounwater Inspection Report, Version 3.0 Page 2 of 2

WET DETENTION O & M Inspection Checklist
1. Inlets are located per the approved plans:
2. Inlet device (swale or pipe) is free of damage, clogs or erosion:
❑
❑
❑
❑
3. Forebay berm is in place and without erosion:
G�
❑
❑
❑
4. Forebay is free of excessive sediment:
©
❑
❑
❑
t�7 'W t {. Y M � YV � JiJ.. i �,.. q
I c �t f aTaF ti"i"i�i° r °4 a
°SIDELS�OPES AND, BANKS x � �``� E f act
'#} ?�' s � eta r �'.
„- _.. .._ ..-. +1... .1_ _. ,. .... --...-r-....-.. K�: .L i .P d i .,3.' �gP1.i`. !- ... �.Li' .-f.. } .n„ `fs..,dl r'
§ n
,...,
5. Vegetated slopes are 3:1 or less:
❑
El
❑
❑
6. Banks are stable and free of erosion or bare soil:
❑
Q
❑
❑
7. Slopes or berms are free of woody vegetation:
❑
©
❑
❑
8. Free of muskrats or beaver activity:
❑
❑
❑
❑
9. Grass is being maintained and mowed (not scalped) as required:
Q
❑
❑
❑
i PER19M9 AND 1i450
.Y
10. Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated:
❑
❑
❑
11. Algal growth covers less 50% of the area:
®
❑
❑
❑
12. Cattails, phragmites or other invasive plants cover less than 50% of the basin surface:
FM
❑
❑
❑
13. Main treatment area is free from excess sediment accumulation:
[Zy
❑
❑
❑
# l.fr' i'4x;►"l S;t'.". 'tir.+{ Pb .i Fr ,L' L r� 11R' ^f� y'
OUTLETS
14, Swale or emergency outlet bypass is in the correct place and is in good condition:'
❑
❑
❑
❑
15. Drawdown device is correctly sized free of damage or clogging:
❑
❑
❑
[M
16. Orifice size matches the approved plans
❑
❑
❑
❑
17. Outlet is free of erosion or other signs of damage:
©
❑
❑
❑
18. Trash rack is installed
0
❑
❑
❑
19. Vegetated filter is in place (if applicable)
0
❑
❑
❑
20. Relative elevations match approved plans
0
❑
❑
❑
21. Fountain pump (if permitted) is less than or equal to the maximum allowable size:
❑
❑
0
❑
V3.3_09

Project Name:
Stormwater Permit No.:
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,
for
Project)
(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
Seal

Certification Requirements:
1.The drainage area to the system contains approximately the permitted
acreage.
27he drainage area to the system contains no more than the permitted
amount of built -upon area.
3.AI1 the built -upon area associated with the project is graded such that
the runoff drains to the system.
4.All roof drains are located such that the runoff is directed into the
system.
5.The outlet/bypass structure elevations are per the approved plan.
6.The outlet structure is located per the approved plans.
7.Trash rack is provided on the outlet/bypass structure.
8.All slopes are grassed with permanent vegetation.
9.Vegetated slopes are no steeper than 3:1.
1OThe inlets are located per the approved plans and do not cause short-
circuiting of the system.
11.The permitted amounts of surface area and/or volume have been
provided.
12.Required drawdown devices are correctly sized per the approved plans.
13.All required design depths are provided.
14.All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
15.The required system dimensions are provided per the approved plans.

s�
THOMAS ENGINEERING, PA
CIVIL ENGIN ERING•LAYD DRVRLOPMPNT•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
Flamingo Oaks
New Bern, Craven County
2003-043
Dear Al,
June 12, 2009
JUN 16 2009
't
Please find enclosed the ownership name change forms along with all documentation
required to change the owner name for Flamingo Oaks (State Permit SW7060601) 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]
OV
Enclosures
309 bfetcalf Streer.P.O. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone]f ebsite: ThomasEngineeringPA.com

^, J �l Michael F. Easley, Govemcr � • William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 21, 2006
Mr. Rick Askew Member Manager JUN 16 2009 es J
Sellhom - Schep9
er, LLC
3940 U.S. Hwy 70 East
New Bern, NC 28560
Subject: Stormwater Permit No. SW7060601
Flamingo Oaks
High Density Subdivision Project
Craven County
Dear Mr. Askew:
The Washington Regional Office received a complete Stormwater Management Permit
Application for Flamingo Oaks on June 5, 2006. 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 21-1.1000. We are forwarding
Permit No. SW7060601, dated June 2.1, 2006, for the construction of the subject
project.
This permit shall be effective from the date of issuance until June 21, 2016, 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 150E of the North Carolina General Statutes, and flied
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.
If you have any questions, or need additional information concerning this matter, please
contact Scott Vinson, or me at [phone].
Sincerely,
4 I Hodg
Regional Supervisor
Surface Water Protection Section
AHlsav: C:\STORMWATERIPERMITISW7060601
cc: L,,John Thomas, PE
New Bern Cit�yy Building inspections
Washington Regional Office
Central Files t Caro
ivatural
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
Intemet 943 Washington Square Mall. Washington. NC 27889 1477-623-6748
AnEqu&-_ gppg0g!J,iylAlf&mabveActionEmployer-50%Recydad11896Post_CortsumarPaper

State Stormwater Management Systems
Permit No. SW7060601
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
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
Sellhorn - Scheper, LLC
Flamingo Oaks
Craven County
FOR THE
construction, operation and maintenance of a wet detention pond 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.
This permit shall be effective from the date of issuance until June 21, 2016 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 in Section 1.6 on page 3 of this permit. The stormwater controls have been designed
to handle the runoff from 9.10 acres of impervious area. The subdivision is permitted for 68
lots each having 3,600 square feet of built -upon area each and 4 triplex multifamily units
having 6,500 square feet of built -upon area each.
3. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
4. The tract will be limited to the amount of built upon area indicated on page 3 of this permit, and
per approved plans.
5. All stormwater collection and treatment systems must be located in either dedicated common
areas or recorded easements. The final plats for the project will be recorded showing all such
required easements, in accordance with the approved plans.
Page-2-of-8

•
State Stormwater Management Systems
Permit No. SW7060601
6. The following design elements have been permitted for this wet detention pond stormwater
facility, and must be provided in the system at all times.
a.
Drainage Area, acres:
23.88
b.
Total Impervious Surfaces, ft2:
396,500 (9.10ac.)
Lots 1-68 at 3,600sf each, ft2:
244,800
4 Triplex Units at 6,500sf each, ft2:
26,000
Roads/Sidewalks, ac.:
125,700
c.
Pond Depth, feet:
6.00
d.
TSS removal efficiency:
90%
e.
Design Storm:
1"
f.
Permanent Pool Elevation, FMSL:
20.00
g.
Permitted Surface Area @PP,:
22,000
h.
Permitted Storage Volume, ft3:
41,858
i.
Storage Elevation, FMSL:
21.75
j.
Controlling Orifice:
2.50"0 pipe
k.
Permanent Pool Volume, ft3:
73,775
I.
Forebay Volume, ft3:
14,610
m.
Receiving Stream / River Basin:
Neuse River / Neuse
o.
Stream Index Number:
27-(96)
p.
Classification of Water Body:
"SC; Sw, NSW"
li. SCHEDULE OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (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.
2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot,
including driveways and sidewalks, does not exceed the allowable built -upon area. Once the
lot transfer is complete, the built -upon area may not be revised without approval from the
Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred
to the individual property owner.
3. if an Architectural Review Board or Committee is required to review plans for compliance with
the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals
given by the Board do not relieve the homeowner of the responsibility to maintain compliance
with the permitted BUA limit.
Rage-3-of-8

State Stormwater Management Systems
Permit No. SW7060601
4. The permittee shall submit to the Director and shall have received approval for revised plans,
specifications, and calculations prior to construction, for any modification to the approved
plans, including, but not limited to, those listed below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of all or part of the project area. The project
area is defined as all property owned by the permittee, for which Sedimentation and
Erosion Control Plan approval or a CAMA Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
5. The Director may determine that other revisions to the project should require a modification to
the permit.
6. The Director may notify the pennittee 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.
7. 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 surface.
B. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, 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. Any deviations from the approved plans and specifications must be noted on
the Certification.
10. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility.
11. Permanent seeding requirements for the stormwater control must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design Manual.
12. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW7060601, as issued by the Division of
Water Quality under 15A NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
c. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division of Water Quality.
Page-4-of-8

State Stormwater Management Systems
Permit No. SVV7060601
5
f. The maximum built -upon area per lot Is 3,600 square feet for Lots 1-68 and6,500
square feet for each of the four Triplex Units. This allotted amount includes any
built -upon area constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge of. the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in
their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be accomplished
through providing roof drain gutters, which drain to the street, grading the lot to drain
toward the street, or grading perimeter swales and directing them into the pond or
street. Lots that will naturally drain into the system are not required to provide these
measures.
i. Built -upon area in excess of the permitted amount will require a permit modification.
13. A copy of the recorded deed restrictions must be submitted to the Division within 30
days of the date of recording the plat, and prior to selling lots. The recorded copy must
contain all of the statements above, the signature of the Perml'.ttee, the deed book
number and page, and the stamp/signature of the Register of Deeds.
14. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel.
The facility must be in compliance with all permit conditions. Any items not in compliance must
be repaired or replaced to design condition prior to the transfer. Records of maintenance
activities performed to date will be required.
15. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at optimum efficiency. The
approved Operation and Maintenance Plan must be followed in its entirety and maintenance
must occur at the scheduled intervals including, but not limited to:
a.. Semiannual 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 structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
16. 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.
17. 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.
18. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone,
slate, coquina and panting areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
19. Decorative. spray fountains will be allowed in the stormwater treatment systems, subject to the
following criteria:
a. The fountain must draw its water from less than 2' below the permanent pool surface.
b. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
c. The falling water from the fountain must be centered in the pond, away from the shoreline.
d. The maximum horsepower for the fountain's pump is based on the permanent pool
volume. The maximum pump power for a fountain in the wet pond is 0.25 hp.

State Stormwater Management Systems
_.
Permit No. SVV7060601
'20. This permit shall be effective from the date of issuance until June 21, 2016. Application for
ppermit renewal shall be submitted 180 days prior to the expiration date of this permit and must
be accompanied by the processing fee.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and approval by the
Director. In the event there is either a desire for the facilities to change ownership, or there is
a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the
Division of Water Quality accompanied by appropriate documentation from the parties
involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions,
Designer's Certification and a signed Operation and Maintenance plan. The project must be in
good standing with DWQ. The approval of this request will be considered on its merits and
may or may not be approved.
2. The permittee is responsible for compliance with all of the terms and conditions of this permit
until such time as the Director approves the transfer request.
3. 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 143-215.6A to 143-215.6C.
4. 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.
5. 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.
6. The permit may be modified, revoked and reissued or terminated for cause. The fling of a
request for a permit modification, revocation and reissuance or termination does not stay any
permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the purposes of
inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address changes
within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by the Permittee
for a minimum of ten years from the date of the completion of construction.
Permit issued this the 21st day of June, 2006.
N RTH OLINA ENVIRONMENTAL MANAGEMENT COMMISSION'
J--- for
Alan W . .IE e , P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7060601
ag

State Stormwater Management Systems
Permit No. SW7060601
Flamingo Oaks Subdivision
Stormwater Permit No. SW7060601
Craven County
Designer's Certification
Page 1 of 2
1, , as a duly registered 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.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date

State Stormwater Management Systems
1 Permit No. SW7060601 `
Certification Requirements:
Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built -
upon area.
3. All the built -upon area associated with the project is graded such that the runoff drains
to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
11. The permitted amounts of surface area and/or volume have been provided.
.12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and
the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDENR-DWQ Regional Office
New Bern City Building Inspections
P_age_8_of 8

(Page 1 of 5)
IM11a111111110111
Image ID: 0pDD01703456 Type: CRP
Kind: OUIT CLAM DEED
4122/2009 et o02:50:47 PM
600PAecoAadd:$20.0o f 5
Revenue Tax: $0.VOW low# 00000023OB-0001
Craven, Nc
Sherri B. Richard Register of.Deeds
lYK28 f 2 P0518
QUITCLAIM -DEED
Prepared by: Brian Taylors- J
WHITE FALLEN, P.A.
Without Title Exam
f
NORTH CAROLINA Parcel IDs: 8=240-M-00B and
8-240-M-00C
stiampe `$0 40
CRAVEN COUNTY
THIS DEED, made this ,l day of April, 2009, by
SELLHORN-SCHEPER, L.L.C., a•.. North Carolina limited liability
company duly organized and existing under and by virtue of the
laws of the State of ,North `Carolina with its principal office
and place of business in We* Bern, North Carolina; hereinafter
Grantor; to DERBY'. PARK 'SECTION IV -A PROPERTY OWNERS'
ASSOCIATION,-INC.., a'North Carolina nonprofit association, duly
organized and existing under and by virtue of the laws of the
State of North\Carolina with its principal office and place of
busine�Sa in New Bern, North Carolina, hereinafter Grantee, whose
address is Post`Offiee Box 12553, New Bern, NC 28561;
W I T N E S S E T H:
That Grantor, for a valuable consideration paid by
Grantee, the receipt of which is hereby acknowledged, has
remised and released, and by these presents, does remise,
release, and forever quitclaim unto the Grantee, its successors
and assigns, that parcel of land lying and being in
:F r.r s fl J1n"1
JUN 16 2009
Book 2812. Pave 518. File Number

{Page 2 of 5j
Imagqe ID: 000001703467 Type: CRP
K1nd: QUIT CLAIM DEED
Pape 2 of S
4812 PD519
Number Eight (8) Township, Craven County, North Carolina,, and
more particularly described as follows:
All of those common areas depicted as "COFIlKON ,AREA
TRACT TWO 44896 SQFT" and "COMMON AREA TRACT THREE`
253749 SOFT 5.82 Acres" on that certain plat dated,,
October 10, 2006 and entitled, "Final Plat \foi
Flamingo Oaks Section Two `Planned Unit Development'".
as recorded in Plat Cabinet H, Slides ,101 C &\D\and
Book 2638, Page 708, Craven County Registry.
This property was conveyed to;Grant6r byfDeed recorded
in the Craven County Registry in Book,.2209,, Page.83:
TO HAVE AND TO HOLD the a£oresaid\ parcel of land and
all privileges and appurtenances"-, thereto belonging to the
Grantee, free and discharged, lrorn all right, title, claim or
interest of Grantor.
The designation Grantor, and Grantee as used herein
shall include said parties, their heirs, successors, and
assigns, and shall,, include singular, plural, masculine, feminine
or neuter as required,iy.,context.
IN WITNESS ,WHEREOF, SELLHORN-SCHEPER, L.L.C. has executed
this deed,., by' and\ through its Member -Managers this the day and
year first above written.
SELLHORN-SCHEPER, L.L.C.
j.
BY: (SEAL)
C "LSCIREPER, Member -Manager
BY: (SEAL)
RICHARD 0. SELLHORN, Member -Manager
010
Book 2812. Pace 518. File Number

(Pago 3 of 51
IIII'�Nt��� �N�NN�I�IIttI�I�IINNI�Nt�N tEl
[mega 10: 000001703458 Typo. CRP
Kind: OUST CLAIM DEED
Pape 3 of 5
BK2812 Pp524
P LLIP E6PIRH, tuber -Manager t
i3 a
BY: (SEAL)
MILTON H. ASKEW, III,�Member-Manager
_ r
NORTH CAROLINA
r 1P11 _ COUNTY
I + Q[_kPd [1 O�.P f 1 �I ( �'NLbi�" , ',a" Notary Public of
said County and State certify I that RICKIE L. SCHEPER being
personally known to me or identified.,by�satisfactory evidence,
came before me this day and acknowled4!ed that he is a Member -
Manager of SELLHORN-SCHEPER,J L'L.C., a%North Carolina limited
J `
liability company, and that..,,by/:' authority duly given, he
voluntarily executed the foregoing instrument, as the act of
such limited liability; company..
Witness my hand and notarial seal, this -�U-- day of
April, 2009. (I/
Notary Public
My commission 'expiresLU, a. tP r L)4g.r
9' Uc�L4C,
3
Book 2812. Pace 518. File Number

(Page 4 of 51
Imoge ID: 000001703469 Type: CRP
Kind: QUIT CLAIM DEED
Page 4 of 5
4812 P0521
NORTH CAROLINA
%�P jC, COUNTY
I, Pi: )f r% iai P i + �!L`z1 a Notaryl. Public- of',
said County and State certify th t RICHARD D. SELLAORN/beings
personally known to me or identified by satisfactory evidence,
came before me this day and acknowledged that -he '�isalMember-
Manager of SELLHORN-SCHEPER, L.L.G., a North_ Caroli',' litinited
liability company, and that by authority' duly;) given, he
voluntarily executed the foregoing instrument, as. the act of
such limited liability company. e
j tr-
witness my hand and notarial seal,' this 20 day of
April., 2009. '
ire r ram; A,^i�
Public
My commission expires: G Q�0?'N �a ''.c•.':
NORTH CAROLINA t `# ; ­gn> o c
COUNTY(' r9 •. PUSL\(-
+�4'�iFN CoUjtl .�`�•
a �Rdt+ft*�P'�Puhlic of
said County 'and -State certify that PHILLIP R. SELLHORN being
personally, known to me- or identified by satisfactory evidence,
came beforelme this, day and acknowledged that he is a Member -
Manager,, of SELLHORN-SCHEPER, L.L.0 „ a North Carolina limited
liability company, and that by authority duly given, he
voluntai y``ezecuted the foregoing instrument, as the act of
such limited liability company.
Witness my hand and notarial seal, this a4O_C�` day of
April, 2009.
nn F tick ntelYl
Not iy Public
My commission expires: a f1J ,� (� ,2ri 13 R�RE(0/*
�o,• ��OTA�Y •.c�-
4 voc
�,'• PU0LV, V
Book 2812. Paae 518. File Number

(Page 5 of,51
Image ID: 000001703480 Type, CAP
Klnd: QUIT CLAIM DEED
Pape 5 of S
4812 po522
NORTH CAROLINA
COUNTY
/
I,
a NotaryPublia-of' 4i
said county and State certify that mn O H. ASKEW, III being,,
personally known to
me or identified by satisfactory evidence,
came before me this
day and acknowledged that -he %is\a�Member-
Manager of SELLHORN-SCHEPER, L.L.C., a North_ Carolina,,limited
liability company,
and that by authority duly,t given, he
voluntarily executed
the foregoing instrument, as the act of
such limited liability company.�.'��. f
Witness my
hand and notarial seal,` -_.this day of
April, 2009.
_;�,
Notary Public
J
My commission expires:�Ca�
-may•. LwL'+� .V:
tcm #1
101059-00002
Book 2812, Pave 518, File Neer

(Page 1 of 10)
NONUNION
Image ID: 000001412829 TVpe: CRP
ReoOrded: 05/14/2008 at 01:11:48 PM
Fee Amt: E41.DD Pape 1 or 10
Craven, NC
Sherri 6, Richard Register of Deeda
w2724 Pa442
NORTH CAROLINA
AMENDMENT TO DECLARATION OF'
CRAVEN COUNTY COVENANT'S, CONDITIONS AND RESTRICTIONS
THIS AMENDMENT TO DECLARATION OF COVENANTS,', CONDITIONS
AND RESTRICTIONS, made and entered into this day of', May, 2008 ,by "and bctwccn
BLUE WATER HOME CONSTRUCTION, LLC, a North Carolina limited liability company
duly organized and existing under and by virtue of the'laws of.the State of North Carolina with
its principal office and place of business in -:New Berri; North "Carolina, SELLHORN-
SCHEPER, L.L.C., a North Carolina limite4,liability company duly organized and existing
under and by virtue of the laws of the State of North Carolina with its principal office and place
of business in New Bern, North Carolina, CRAYTON & COMPANY, a North Carolina
corporation duly organized and
,,e`xisting urider'and•by virtue of the laws of the State of North
Carolina with its principal place',of business in New Bern, North Carolina, and CRAYTON
BROS., a North Carolina general. partnership. duly organized and existing under and by virtue of
the laws of the State of Norih'Carolina with its principal place of business in New Bern, North
Carolina ("DECLARANTS".);.' and all CURRENT OWNERS and PROSPECTIVE
PURCHASERS.("OWNERS and PURCHASERS") of lots of land hereinafter enumerated and
situate in FLAMINGO OAKS, SECTION TWO according to the plan of record in the Office of
the Register.;of Deeds of Craven County, North Carolina in Plat Cabinet H, Slide 101-C & 101-
D, the same depicting a subdivision in the City of New Bern, in Number Eight Township,
Craven County, North Carolina, is as follows:
Prepared By LV
Sumrell, Sugg, Carmichael, Hides & Hart, P.A.
Attorneys at Law
416 Pollock Street
Post Office Drawer 884
New Bern, North Carolina 28W
JUN 105 2009
Book 2724, Pace 442, File Number

(Page 2 of 10)
WITNESSETH:
THAT WHEREAS, BLUE WATER HOME CONSTRUCTION, LLC and CRAYTON
BROS. are the developers of Derby Park, Section IV -A, Part 1 and Part 2 ("Subdivision"), as the
same are depicted on maps of record in the Office of the Register of Deeds of Craven County,
North Carolina in Map Book G, Page 87, Slide A and Map Book G, Page 85, Slide H; and,
WHEREAS, in conjunction with the development of the Subdivision, BLUE WATER•,.
HOME CONSTRUCTION, LLC and CRAYTON BROS. recorded in Book 1738: Page 917. ink
the Office of the Register of Deeds of Craven County, North Carolina a certain Declaration of
Covenants, Conditions and Restrictions ("Master Covenants'); and;
WHEREAS, in Article 14 of the Master Covenants BLUEc"WATER HOME
CONSTRUCTION, LLC and CRAYTON BROS, reserve,the,right to,develop additional land
for single family lots in close proximity to the Subdivision and.tn add"said additional lots to the
Subdivision; and,
WHEREAS, SELLHORN-SCIIEPER; L L.C:,and`CRAYTON & COMPANY(Sellhorn-
i
Scheper, Crayton & Company, Blue Water Homcs'Construction, LLC and Crayton Bros. being
owned in part by the same principals), in,conjunction with BLUE WATER HOME
CONSTRUCTION, LLC and,--(RAY-TON BROS., have developed FLAMINGO OAKS,
SECTION TWO ("Additional Properties"), as shown on a map of same recorded in Map Book
H. Slide 101-C & 101-1)for single family lots in close proximity to the Subdivision and do now
desire to add the Additional'Praperties to the Subdivision and to make the Additional Properties
subject to the Master Covenants.
NOW `THEREFORE, SELLHORN-SCHEPER, L.L.C., BLUE WATER HOME
., ti
CONSTRUCTION;.LLC, CRAY-l'ON & COMPANY and CRAYTON BROS. hereby amend
the Master Covenants as follows:
11, /
1. ADDITIONAL PROPERTIES: The provisions of the Master Covenants shall
apply fully to the Additional Properties, and the Additional Properties are hereby added to the
Subdivision.
2. RESTRICTIONS: All restrictions contained in the Master Covenants shall be
fully applicable to the Additional Properties, except as modified by the plats of the Additional
Properties. MENOMII9NEE
imago ID: 000001412M Type: CRP
Pepe 2 of 10
s1<2724 PA443
Book 2724. Pave 442. File Number

{Page 3 of 16
MEMBERSHIP IN THE ASSOCIATION: All Owners and Purchasers of the
Additional Properties shall become members of the Derby Park Section IV -A Property Owners'
Association, Inc., in accordance with the Master Covenants.
4. STORMWATER MANAGEMENT: Any and all improvements• -`in the
Additional Properties shall comply at all times with Stormwater Permit No. SW7060601 as'l
issued by the North Carolina Division of Water Quality, including specifically but not limited to ,
the following terms and conditions of said permit: i r
a. The State of North Carolina is hereby made a'-beiteticiary �of this
instrument to the extent necessary to maintain compliance with said permits
b. The terms and conditions of this instrument run with the land'hereinabove
described and are binding on all persons and parties acquiring title thereto.
C. The terms and conditions of tliis�paragraph 4' may not be altered or
rescinded without the express written consent of the State.of North,Carolina, Division of Water
Quality.
d. Authorization of the drainage plaii,as'shown on the approved plans may
not take place without the concurrence of the State of North Carolina, Division of Water Quality.
e. The maximum -build upon.ama per lot is 3,600 square for lots 1 through
68. This allotted amount includes any build: upon area constructed within the lot property
boundaries, and that portion ot"the right-of-way between the front lot line and the edge of the
pavement. The build upon areas includes but is not limited to, structures, asphalt, concrete,
K
gravel, brick, stone;,,slate, coquina and parking areas, but odes not include raised, open wood
decking or the water surf a of swimming pools,
f. Lots within CAIMA's area of environmental concern may be subject to a
reduction in their allowable build upon area due to CAMA regulations.
runoff on the lot must drain in the permitted system. This may be
accomplished through providing roof drain gutters, which drain to the street, grading the lot to
drain towards the street, or grading perimeter swells and directing them into the pond or street.
Lots that will naturally drain into the system are not required to provide these measures.
h. Build upon area in excess of the permitted amount will require a permit
modification. 1rl11 1 II MiV I 11111111110
Lampe ID: O OW14112831 Type: Caro
Pape 3 of 10
aK2724 ra444
Book 2724, Pane 442, File Number

{Page 4 of 10)
I
IN TESTIMONY WHEREOF, BLUE WATER HOME CONSTRUCTION, LLC,
SELLHORN-SCHEPER, L.L.C., CRAYTON AND COMPANY and CRAYTON BROS. have
executed this instrument in such form as to be binding, on the year and day first above written.
BLUE WATER HOME CONSTRUCTION,"LLC,
A Limited ;�
BY--
MILTON H. ASKEW, III
Member/Manager
BY: (SEAL)
kAREN B. ASKEW,
Member/Manager,\
BY:
MILTON H-ASKEW, IV
Memicoman"ager"
SELLHORN-SCHEPER, L.L.C.
A Limited Liability Company
IN11111111111NION11
Image ID: 000001412832 Type: CRP
Patio 4 of 10
oK2724PG445
BY:,
WKYL. SCHEPER
Member/Manager
By: �k 94,tCY�1'�U'—(SEAL)
RICHARD D. SELLHORN
Member/ManAr
BY:
ftLLIP R. SELLHOFN
Member/Manager
BY: —(SEAL)
miLTON H. ASKEW, III
.Member/Manager
4
Book 2724. Paae 442. File Number

(Page 5 of 16)
BY
CRAYTON BROS.
A General P
(SEAL.),,,.
WALTER F. CRAYTON
CRAYTON & COMPANY
A North Carolina Corporation
r' r
(SEAL)
President
i
l `
A
NORTH CAROLINA
CRAVEN COUNTY �"`P:
�` �brct 172rlfell �llss
(, r. a Notary Public of Craven County,
do hereby certify that MILTON H. ASKEW, III, being a member/manager of BLUE WATER
HOME CONSTRUCTION, LLC, a limited liability company, personally appeared before me
this day. and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this day of May, 2408.
NOTARY PUBLIC
My Commission Expires:'Ma-4,1 aG , a I a ��M�CRAFly., �4
Image I0: 000001422833 Type: CRP
Page 5 of 10PUB
re �1 -
5
Book 2724, Paoe 442, File Number

(Page 6 of 10)
NORTH CAROLINA
CRAVEN COUNT n)ltre l ( r�lr Ss
1, '`- a Notary Public of Craven County,
do hereby certify that KAREN B. ASKEW, being a member/manager of BLUE WATER\•
HOME CONSTRUCTION, LLC, a limited liability company, personally appealed'before me.,
this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this day of May, 2008.''
NOTARY PUBLIC, i
My Commission Expires: Tnn ^�L. a-cla
�y�q��•; �aOTARY '• N
NORTH CAROLINA "� �:�'• �7/BL�G '�'
CRAVEN COUNTY to �o10%
t, uMP a Notary Public of Craven County,
do hereby certify that MILTON H. ASKEW,AV, being a member/manager of BLUE WATER
HOME CONSTRUCTION; LLC, aIlimited liability company, personally appeared before me
this day and acknowledgedthedue execution of the foregoing instrument.
WITNESS my hand and notarial seal, this -day of May, 2008.
NOTARY PUBLIC T�
My Commission Expires:,I a(� ' p-
�NGWIIlW�NM�����IfWQW��IUdINI1M
Mape rn: GOON1412834 Typa; CRP
Papa a or to
aK2724 Pa447
Book 2724, Pace 442, File Number

(Page 7 of 10)
NORTH CAROLINA
CRAVED` COLrNT t
.2tfaro f ylrr!ell OeS5
I, ` 1- - ✓ a Notary Public of Craven County,
do hereby certi:K that RICKY L. SCHEPER, being a member/manager of SELLHORNI -
SCHEPER, L.L.C., a limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this C)"day of May, 2008.
NOTARY PUBLIC ,
My Commission Expires: r 3 ```t�itutniry�rrr f
of RRE,
r`Y ,,�OTAR y..�N: r
NORTH CAROLINA
CRAVEN COUNTY
1, a a Notary Public of Craven County,
do hereby certify tliat RICHARD D. SELLHORIN, being a member/manager of SELLHORN-
SCHEPER, L.L.C.,' a limited, liability company, personally appeared before me this day and
acknowledged the'due'execution o1.fIthe foregoing instrument.
WITNESS my hand and notarial seal, this ,� day of May, 2008.
NOTARY PUBLIC
My Commission Expires:Ly-Ai� .fit; 7o t
Image ID: (>DD00 Page37 ype1 CRP
s,2724 Po448
Book 2724. Pace 442. File Number

(Page 8 of 10)
NORTH CAROLINA
CRAVEN COUNTY
I, i k>-fa ril o cre_i 1 12 tr 6%-�A , a Notary Public of Craven County,
do hereby certify that PHILLIP R. SELLHORN, being a member/manager of SELLHORN-
SCHEPER, L.L.C., a limited liability company, personally appeared before me this day "and
acknowledged the due execution of the foregoing instrument-
WITNESS my hand and notarial seal, this 8 day of May, 2008.
NOTARY PUBLIC .!
r'
My Commission Expires: `fiY�cc,,�6 i ; ���AM Rr,,i�
Z�Q� e.
NORTH CAROLINA
CRAVEN COUNT Dt�kP rCA l7 korC ! 1 or
I, V a Notary Public of Craven County,
do hereby certify that MILTON H.-A_SKEW, ❑I, being a member/manager of SELLHORN-
SCHEPER, L.L.C:;fa'limited`hability company, personally appeared before me this day and
acknowledged the due execution"of the foregoing instrument.
WITNESS my.hand and notarial seal, this 0day of May, 2008.
NOTARY PUBLIC
My Commission Expires:
Image ID: DOOD014412830 CRP
- ~
Flat 8 Of
tp1p
.
NM
BK2724 P(1449
=,`99y`�c���-'
Book 2724, Pace 442, File Number

(Page 9 of 10)
NORTI I CAROLINA
CRAVEN COUNTY
I, ���e • tOts3° (c5 a Notary Public of Craven County,
do hereby certify that WALTER F. CRAYTONi, being a general partner of CRAYTONfB OS„
a General Partnership, personally appeared before me this day and acknowledged the, due f i
execution of the foregoing instrument. f `
WITNESS my hand and notarial seal. this l ay of May, 2008.
.ram
NOTARY P L1C
My Commission Expires:
NORTH CAROLINA
CRAVEN COUNTY
1 I
a Notary Public of Craven County,
do hereby certify that PAUL • WCRAYTON, JR., being a general partner of CRAYTON
BROS., a General Pakiiership,,personally appeared before me this day and acknowledged the
due execution of,the foregoing instrument,
WITNESS my hand and notarial seat, this 6#11ay of May, 2008.
NOTARY PU IC
My Commission Expires:
IM�/4�YIIrr��YW���II�Yi � ,I�r7 ',5�. �^,Q ���: �•/:
lmaws ID: 000001412837 Tvpe: CRP a ,•-:'�
paws a of 10 ,0
SK2724 K450
Book 2724. Page 442, File Nkmber

(Page 10 of -1O)
NORTH CAROLINA
CRAVEN COUNTY
I, , +—I.f. C. kJWzZ , a Notary Public of Craven County, do
hereby certify that personally appeared before me this day,and
acknowledged that he is the _8tjE— Presi ent of CRAYTON & COMPANY, a corporation,
and that the foregoing instrument was signed by him for and in its name as the act of the r '
corporation. ! ~,
WITNESS my hand and notarial seal, this la day of May, 2008..,
My Commission Expires:
NOTARY PUBLIC
.', �� •`l if �`��•,+` Is'• `�
1
1
8441SERVEROIILSS�LSSDOCS500004952.00D.DOC
mow: .f/ •~rG
ti `
r�
z11II 11111111Y q11
ImeG* ID: 0000014128310 0 OlOC1;P
PaceBx2724 pa451
Book 2724, Page 442, File N=ber

®��
NCDENR
North Carolina Department of Environment and Natural Resources
943 Washington Square Mali, Washington NC 27889 [phone] FAX [phone]
Request for Express Permit Review
PILL -IN all information below and CHECK required Permit{s). -
Please include this with the application package upon submittal. Project application received after 12 noon will be
stamped in the following work day. Thank you! Lyn Hardison lyn.hardison(dncmail.net
APPLICANT Name
Company
Address 3'l4d 4 nD City/State N, Zip
Phone 7-52 - G Fax 25'2-636 •Z-4 �Email 1-T�a �c *74*�i?.
PROJECT Name Countyt>ZLy
PROJECT LOCATION (ADDRESS)
ENGINEER/CONSULTANT _
Company .., . L.�'. -- i �. C r rT--
Address O 6 CitylState (%,---) a-,-.—LZip
Phone z S 2-G3�7-z�lZ'7 Fax ZSZ-6 �G-zy`4• Email -z`f�d,� �4 �
State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑Yes Eg<o
❑S
Determination; # of Stream calls; Stream Name
�'STORMWATER ❑ Low Density �lgh Density -Detention Pond ❑ High Density -Other
❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site
PROJECT SYSTEM(S) TRIBUTARY TO h s c-- STREAM NAME N RIVER BASIN
❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
----- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------
❑ LAND QUALITY ❑ Erosion and Sedimentation Control Plan with acres to be disturbed. CK #
--------------------------------------------------------------------------------------------------------------- -----------------------------------------------------------
❑ WETLANDS (401) ❑ No Wetlands on Site (letter from COE) ❑Wetlands Delineated/No JD
❑ Greater than 0.1 AC Wetlands Impacted ❑Jurisdictional Determination has been done
❑ Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted
CIRCLE YIN: 401 Application ❑Yes ❑ No 404 Application in Process w/USCOE []Yes ❑ No
The legislation allows additional fees, not to exceed 50% of the original Express Review permit application
fee, to be charged for subsequent reviews due to the insufficiency of the permit applications.
For DENR use only RECEIVED
CHECK # is 0`4-9
SUBMITTAL DATES: Fee Split for multiple permits: JUN - 5 2006
SW -5,-, .� $ �0
CAMA $ DWQ-WARD
LQS $
401 $
Total Fee Amount $

1 Central Files: APS_ SWP—
1) 06/02/)9.
Permit Number SW7060601 Permit Tracking Slip
Program Category Status Project Type
State SW Active New Project
Permit Type
State Stormwater
Version Permit Classification
1.00 Individual
Primary Reviewer Permit Contact Affil tion
scott.vinson
Coastal SW Rule ad^
000, Permitted Flow ' 0
Facility Name v
Flamingo Oaks - Expressl
Location Add/Derbark
SAtA Saratoga Ln New BernNC 28560
* � 3��d t .r
to Is. 00% ie•,,C�
Owner Name
Selihorn-Scheper LLC
Major/Minor Region
Minor Washington
County
Craven
e f Facility Contact Affiliation
,tom, roc
009% 01/Zo : —
Owner Type Je
Non -Government
Owner Affiliation 3 7, / 7 7 0
Richard Sellhorn
3940 US Hwy 70
New Bern NC 28560
Dates/Events
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
06/21 /06 06/05/06 06/21 /06 06121 /06 06/21116
Regulated Activities Requested lReceived _Events
State Stormwater - HD - Detention Pond Deed restriction requested
Deed restriction received
Outfali NULL
Waterbody Name
Stream Index Number Current Class Subbasin

r
37SdoD
{

THOMAS ENGINEERING, PA
CIVIL ENGIN=RING.LAN DEVELOPMENT•PROJECT MANAGEMTNT
February 5, 2009
To: NCDENR
Division of Water Quality
943 Washington Square mall
Washington, NC 27889
Re: 'Flamingo Oaks
State Stormwater Permit No. SW7060601
New Bern, Craven County, NC
Dear Sirs,
Please find enclosed for your files the Engineer's Certification for the referenced project
along with a copy of the recorded "Declaration of Covenants, Conditions, Restrictions,
and Easements"..,-'
If you hav�j�ny questions or comments, please do not hesitate to call.
ly,
hn Q. Thomas, PE
Enclosures
FEB 0 9 2009
309 ,iletcalf Streer.P. 0. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone]-Website: ThomasEngineeringPA.eom

Flamingo Oaks Subdivision
Stormwater Permit No. SVV7060601
Craven County
Designer's Certification
State _ Stormwater Management Systems
Permit No. SW7060601
Page 1 of 2
as a duly registered in the State of
North Carolina, having been authorized to observe (periodicailylweeklylful time) the construction of
the project,
I'!c
(Project)
a <3 4jCS ( S'�a/4."'-G.. X_'
for c 4e e pe (Project Owner) hereby state that, to the best of my
abilities, due care and diligen a 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.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Sign
Regl:
Date
r r inns
rtit�
SEAL

,j State Stormwater Management Systems
Permit No. SW7060601
Certification Requirements: Page 2 of 2
I::��:2The
The drainage area to the system contains approximately the permitted acreage.
drainage area to the system contains no more than the permitted amount of built -
upon area.
3. All the built -upon area associated with the project is graded such that the runoff drains
o the system.
�,5.
All roof drains are located such that the runoff is directed into the system.
-he outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
c/ 9. Vegetated slopes are no steeper than 3:1.
7-1-0�
. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
� 11. The permitted amounts of surface area and/or volume have been provided.
✓12. Required drawdown devices are correctly sized per the approved plans.
'1� 3. All required design depths are provided.
:21-4. All required parts of the system are provided, such as a vegetated shelf, a forebay, and
/the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDENR-DWQ Regional Office
New Bern City Building Inspections
--

(Page 1 of 10)
lk
NORTH CAROLINA
CRAVEN COUNTY
l,rr.�kglo;� tlo. 50asM'
��11117II�lIl�11lI1�l�ll��ll�lll�l�l�ll��l�l��l�ll�f�fl�llll�lfff
ype: OP
RecImaorded: 110/1112005 atr11:28:52 AM
Fee Amt: $41,00 Page 1 of 10
Craven, NC
Sherri B. Richard Register of Deeds
u2518Pa489
AMENDMENT TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, made and entered into this -6L'�- day of October, 2006, by and
between BLUE WATER HOME CONSTRUCTION, LLC, a North Carolina limited liability
company duly organized and existing under and by virtue of the laws of the State of North
Carolina with its principal office and place of business in New Bern, North Carolina,
SELLHORN-SCREPER, L,L.C., a North Carolina limited liability company duly organized
and existing under and by virtue of the laws of the State of North Carolina with its principal
office and place of business in New Bern, North Carolina, CRAYTON & COMPANY, a North
Carolina corporation duly organized and existing under and by virtue of the laws of the State of
North Carolina with its principal place of business in New Bern, North Carolina, and
CRAYTON BROS., a North Carolina general partnership duly organized and existing under and
by virtue of the laws of the State of North Carolina with its principal place of business in New
Bern, North Carolina ("DECLARANTS"); and all CURRENT OWNERS and
PROSPECTIVE PURCBASERS ("OWNERS and PURCHASERS") of lots of land hereinafter
enumerated and situate in FLAMINGO OAKS, SECTION ONE according to the plan of record
in the Office of the Register of Decds of Craven County, North Carolina in Plat Cabinet H, Slide
76-A & B, the same depicting a subdivision in the City of New Bern, in Number Eight
Township, Craven County, North Carolina, is as follows:
�j�11 E®
FEB 0 9 2009
Prepared By
Sumrell, Sugg, Carmichael, Hicks & Hart., P.A.
Attorneys at law
416 Pollock Street
Post Office Drawer 889
New Bern, North Carolina 28563
Book:2518,Page:489

(Page 2 0£ 10)
WITNESSETH:
THAT WHEREAS, BLUE WATER HOME CONSTRUCTION, LLC and CRAYTON
BROS. are the developers of Derby Park, Section IV -A, Part 1 and Part 2 ("Subdivision"), as the
same are depicted on maps of record in the Office of the Register of Deeds of Craven County,
North Carolina in Map Book G, Page 87, Slide A and Map Boole G, Page 85, Slide H; and,
WHEREAS, in conjunction with the development of the Subdivision, BLUE WATER
HOME CONSTRUCTION, LLC and CRAYTON BROS. recorded in Book 1738, Page 917 in
the Office of the Register of Deeds of Craven County, North Carolina a certain Declaration of
Covenants, Conditions and Restrictions ("Master Covenants"); and,
WHEREAS, in Article 14 of the Master Covenants BLUE WATER HOME
CONSTRUCTION, LLC and CRAYTON BROS. reserve the right to develop additional land
for single family lots in close proximity to the Subdivision and to add said additional lots to the
Subdivision; and,
WHEREAS, SELLHORN-SCHEPER, L.L.C. and CRAYTON & COMPANY(Sellhom-
Scheper, Crayton & Company, Blue Water Homes Construction, LLC and Crayton Bros. being
owned in part by the same principals), in conjunction with BLUE WATER HOME
CONSTRUCTION, LLC and CRAYTON BROS,, have developed FLAMINGO OAKS,
SECTION ONE ("Additional Properties"), as shown on a map of same recorded in Map Book
H, Slide 76- A & B, for single family lots in close proximity to the Subdivision and do now
desire to add the Additional Properties to the Subdivision and to make the Additional Properties
subject to the Master Covenants.
NOW THEREFORE, SELLHORN-SCHEPER, L.L.C., BLUE WATER HOME
CONSTRUCTION, LLC, CRAYTON & COMPANY and CRAYTON BROS. hereby amend
the Master Covenants as follows:
i. ADDITIONAL PROPERTIES: The provisions of the Master Covenants shall
apply fully to the Additional Properties, and the Additional Properties are hereby added to the
Subdivision.
2. RESTRICTIONS: All restrictions contained in the Master Covenants shall be
fully applicable to the Additional Properties, except as modified by the plats of the Additional
Properties.
Illl�tfl�lil�Il�ll�llll�l�1111��111�1f�111111�f�illlllllll��lll�I
Image ID: 000001041803 Type: CAP
Pape 2 of 10
BK2518 PG490
Book:2518,Page:489

(Page 3 of 10)*
3. MEMBERSHIP IN THE ASSOCIATION: All Owners and Purchasers of the
Additional Properties shall become members of the Derby Park Section IV -A Property Owners'
Association, Inc., in accordance with the Master Covenants.
4. STORMWATER MANAGEMENT: Any and all improvements in the
Additional Properties shall comply at all times with Stormwater Permit No. SW7060601 as
issued by the North Carolina Division of Water Quality, including specifically but not limited to
the following terms and conditions of said permit:
a. The State of North Carolina is hereby made a beneficiary of this
instrument to the extent necessary to maintain compliance with said permit.
b. The terms and conditions of this instrument run with the land hereinabove
described and are binding on all persons and parties acquiring title thereto.
e. The terms and conditions of this paragraph 4 may not be altered or
rescinded without the express written consent of the State of North Carolina, Division of Water
Quality.
d. Authorization of the drainage plan as shown on the approved plans may
not take place without the concurrence of the State of North Carolina, Division of Water Quality.
e. The maximum build upon area per lot is 3,600 square for lots 1 through
68. This allotted amount includes any build 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. The build upon areas includes but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but odes not include raised, open wood
decking or the water surface of swimming pools.
f. Lots within CAMA's area of environmental concern may be subject to a
reduction in their allowable build upon area due to CAMA regulations.
g. All runoff on the lot must drain in the permitted system. This may be
accomplished through providing roof drain gutters, which drain to the street, grading the lot to
drain towards the street, or grading perimeter swells and directing them into the pond or street.
Lots that will naturally drain into the system are not required to provide these measures.
h. Build upon area in excess of the permitted amount will require a permit
modification. 1II ICI I I11�11II111�10�1111I 011111INN HI
Inape 1D: 000001041804 Type: CRP
r� /�
PaQe 3 of 10
BK 2 518 Pr-4 91
C
Book:2518,Page:489

(Page 4 of 10)
IN TESTIMONY WHEREOF, BLUE WATER HOME CONSTRUCTION, LLC,
SELLHORN-SCHEPER, L.L.C., CRAYTON AND COMPANY and CRAYTON BROS. have
executed this instrument in such form as to be binding, on the year and day first above written.
BLUE WATER HOME CONSTRUCTION, LLC
A Limited Lia ' ity Company
I
BY: { (SEAL)
M3 TON H. ASKEW, III
Member/Manager
BY: (SEAL)
KAREN B. ASKEW
Member/Manager
MILTON H. ASKEW, IV
Member/Manager
SELLHORN-SCHEPER, L.L.C.
A Limited Liability Company
BY; /0)IL(SEAL)
ICKY L. SCHEPER
Member/Manager
m
Fin
Illllf� llfIIIIIII11111 HIINII111IIINIlIII0111IIII111111
Image ID: 00OOOI041805 Type: CRP
Pape 4 of 10
BX2518 Pc;492 BY
,> (SEAT.,)
RICHARD D. SELLHORN
Member/Manager
SEAL)
APHILLIlfR. S ORN
Member)Manager
ff"JV11--/ (SEAL)
MILTON H. ASKEW, III
Member/Manager
Book:2518,Page:489

(Page 5 of 10)
CRAYTON BROS.
A General Partners
BY: (SEAL)
WAUMR E. CRAYTO
artner
BY: (SEAL)
PA L W. CRAYTON, JR.
Partner
CRAYTON & COMPANY
A North Car¢.iaa-eoTpora
BY: (SEAL)
President
NORTH CAROLINA
CRAVEN COUNTY
I, f-)Obra _Q,Le rfe-1 l &5 _ . a Notary Public of Craven County,
do hereby certify that MILTON H. A W, III, being a member/manager of BLUE WATER
HOME CONSTRUCTION, LLC, a limited liability company, personally appeared before me
this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this to ay of October, 2006.
2. • 'ter
NOTARY PUBLIC
My Commission Expires:_ )M u � o 0
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(Page 6 of 10)
NORTH CAROLINA
CRAVEN COUNTY
I, QD 'brct ryl-rre—f ajg ss , a Notary Public of Craven County,
do hereby certify that KAR-EN B. ASKEW, being a member/manager of BLUE WATER
HOME CONSTRUCTION, LLC, a limited liability company, personally appeared before me
this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this 10 1-2ay of October, 2006.
NOTARY PUBLIC
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My Commission Expires: nfjri wr ata
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NORTH CAROLINA �',p�`�1V COU ��x
CRAVEN COUNTY i/11111tit%0;
I, zebra M.-, t ce, i. I Q u A,-., �, a Notary Public of Craven County,
do hereby certify that MILTON H. ASKEW, IV, being a member/manager of BLUE WATER
HOME CONSTRUCTION, LLC, a limited liability company, personally appeared before me
this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this � day of October, 2006.
_fir J fiery,
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My Commission Expires: 406A
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(Page 7 of 10)
NORTH CAROLINA
CRAVEN COUNTY
I, 2ezbna CkOr-,rr ,( a Notary Public of Craven County,
do hereby certify that IUCKY L. SC PER, being a member/manager of SELLHORN-
SCHEPER, L.L.C., a limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this 10' day of October, 2006.
NOTARY PUBLIC
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NORTH CAROLINA
CRAVEN COUNTY
I, (2412rw nnz r ce 11 11 - , a Notary Public of Craven County,
do hereby certify that RICHARD D. SELLHORN, being a mernbe6manager of SELLHORN-
SCHEPER, L.L.C., a limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this today of October, 2006.
NOTARY PUBLIC
My Commission Expiresi'�')tl
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(Page 8 of 10)
NORTH CAROLINA
CRAVEN COUNTY
I, Q0G 10 • P'ZGrr-f—U Ptf s� _ , a Notary Public of Craven County,
do hereby certify that PHILLIP R. SELLHORN, being a member/manager of SELLHORN-
SCHEPER, L.L.C., a limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this 10-t'day of October, 2006.
NOTARY PUBLIC
If
My Commission Expires: en a ,��QP0ERfiEt40
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NORTH CAROLINA
CRAVEN COUNTY
i, J2:?i- " fJL&Y> , a Notary Public of Craven County,
do hereby certify that MILTON H. ASKEW, III, being a member/manager of SELLHORN-
SCHEPER, L.L.C., a limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial sea), this tp day of October, 2006.
NOTARY PUBLIC
My Commission Expires:- a.4 ,_ ?., o i ����\\� RgFt �I
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(Page 9 of 10)
NORTH CAROLINA
CRAVEN COUNTY
1, _" � �- � ��L3Q � , a Notary Public of Craven County,
do hereby certify that WALTER F. CRAYTON, being a general partner of CRAYTON BROS.,
a General Partnership, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
WITNESS my hand and notarial seal, this ay of October, 2006.
10 w
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n Expires: 0
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NORTH CAROLINA
CRAVEN COUNTY
1, e-. - r �O—]U—`.a , a Notary Public of Craven County,
do hereby certify that PAUL W. CRAYTON, JR., being a general partner of CRAYTON
BROS., a General Partnership, personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this -0—k day of October, 2006.
My Commission Expires: ;�-0 a
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Book:2518,Page:489

(page 10 of 10)
NORTH CAROLjNA
CRAVEN COUNTY
a Notary Public of Craven County, do
hereby certify' that`, personally appeared before me this day and
acknowledged that he is the President of CRAYTON & COMPANY, a corporation,
and that the foregoing instrument was signed by him for and in its name as the act of the
corporation.
WITNESS my hand and notarial seal, this 6�day of October, 2006.
My Commission Expires:
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NOTARY P BLIC
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Recorded: 05/14/2008 at 01.13.48 Ptt
Fee AMt; $41.00 Pape 1 of 10
Craven, W,
Sherri B. Richard Register of Deed*
BK2724 PG442
NORTH CAROLINA
AMENDMENT TO DECLARATION OF
CRAVEN COUNTY COVENANTS, CONDITIONS AND RESTRICTIONS
THIS AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, made and entered into this _L.-_ day of May, 2008, by and between
BLUE WATER HOME CONSTRUCTION, LLC, a North Carolina limited liability company
duly organized and existing under and by virtue of the laws of the State of North Carolina with
its principal office and place of business in New Bern, North Carolina, SELLHORN-
SCHEPER, L.L.C., a North Carolina limited liability company duly organized and existing
under and by virtue of the laws of the State of North Carolina with its principal office and place
of business in New Bern, North Carolina, CRAYTON & COMPANY, a North Carolina
corporation duly organized and existing under and by virtue of the laws of the State of North
Carolina with its principal place of business in New Bern, North Carolina, and CRAYTON
BROS., a North Carolina general partnership duly organized and existing under and by virtue of
the laws of the State of North Carolina with its principal place of business in New Bern, North
Carolina ("DECLARANTS"); and all CURRENT OWNERS and PROSPECTIVE
PURCHASERS ("OWNERS and PURCHASERS") of lots of land hereinafter enumerated and
situate in FLAMINGO OAKS, SECTION TWO according to the plan of record in the Office of
the Register of Deeds of Craven County, North Carolina in Plat Cabinet H, Slide 101-C & 101-
D, the same depicting a subdivision in the City of New Bern, in Number Eight Township,
Craven County, North Carolina, is as follows:
Prepared By L /
Sumrell, Sugg, Carmichael, Hicks & Hart, P.A.
Attorneys at Law
sib Pollock Strect
Post Office Drawer 889
New Bern, North Carolina 2850
r ,�
nECE
1�1t LLL���FB 0 Q ?009
W WARD
Book:2724,Page:442

(Page 2 of 10)
WITNESSETH:
THAT WHEREAS, BLUE WATER HOME CONSTRUCTION, LLC and CRAYTON
BROS. are the developers of Derby Park, Section IV -A, Part I and Part 2 ("Subdivision"), as the
same are depicted on maps of record in the Office of the Register of Deeds of Craven County,
North Carolina in Map Book G, Page 87, Slide A and Map Book G, Page 85, Slide H; and,
WHEREAS, in conjunction with the development of the Subdivision, BLUE WATER
HOME CONSTRUCTION, LLC and CRAYTON BROS. recorded in Book 1738, Page 917 in
the Office of the Register of Deeds of Craven County, North Carolina a certain Declaration of
Covenants, Conditions and Restrictions ("Master Covenants'); and,
WHEREAS, in Article 14 of the Master Covenants BLUE WATER HOME
CONSTRUCTION, LLC and CRAYTON BROS. reserve the right to develop additional land
for single family lots in close proximity to the Subdivision and to add said additional lots to the
Subdivision; and,
WHEREAS, SELLHORN-SCHEPER, L.L.C. and CRAYTON & COMPANY(Sellhorn-
Scheper, Crayton & Company, Blue Water Homes Construction, LLC and Crayton Bros. being
owned in part by the same principals), in conjunction with BLUE WATER HOME
CONSTRUCTION, LLC and CRAYTON BROS., have developed FLAMINGO OAKS,
SECTION TWO ("Additional Properties"), as shown on a map of same recorded in Map Book
H. Slide I01-C & 101-D, for single family lots in close proximity to the Subdivision and do now
desire to add the Additional Properties to the Subdivision and to make the Additional Properties
subject to the Master Covenants.
NOW THEREFORE, SELLHORN-SCHEPER, L.L.C., BLUE WATER HOME
CONSTRUCTION, LLC, CRAYTON & COMPANY and CRAYTON BROS. hereby amend
the Master Covenants as follows:
1. ADDITIONAL PROPERTIES: The provisions of the Master Covenants shall
apply fully to the Additional Properties, and the Additional Properties are hereby added to the
Subdivision_
2. RESTRICTIONS: All restrictions contained in the Master Covenants shall be
fully applicable to the Additional Properties, except as modified by the plats of the Additional
Properties. ifilihillimilig�ilmill
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$K2724 -443
Book:2724,Page:442

(Page 3 of �0)
3. MEMBERSHIP IN THE ASSOCIATION: All Owners and Purchasers of the
Additional Properties shall become members of the Derby Park Section IV -A Property Owners'
Association, Inc., in accordance with the Master Covenants.
4. STORMWA'I ER MANAGEMENT: Any and all improvements in the
Additional Properties shall comply at all times with Stormwater Permit No. SW7060601 as
issued by the North Carolina Division of Water Quality, including specifically but not limited to
the following terms and conditions of said permit:
a. The State of ]North Carolina is hereby made a beneficiary of this
instrument to the extent necessary to maintain compliance with said permit.
b. The terms and conditions of this instrument run with the land hereinabove
described and are binding on all persons and parties acquiring title thereto.
C. The terms and conditions of this paragraph 4 may not be altered or
rescinded without the express written consent of the State of North Carolina, Division of Water
Quality.
d. Authorization of the drainage plan as shown on the approved plans may
not take place without the concurrence of the State of North Carolina, Division of Water Quality.
C. The maximum build upon area per lot is 3,600 square for lots 1 through
68. This allotted amount includes any build 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. The build upon areas includes but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but odes not include raised, open wood
decking or the water surface of swimming poois.
f. Lots within CAMA's area of environmental concern may be subject to a
reduction in their allowable build upon area due to CAMA regulations.
g. All runoff on the lot must drain in the permitted system. This may be
accomplished through providing roof drain gutters, which drain to the street, grading the lot to
drain towards the street, or grading perimeter swells and directing them into the pond or street.
Lots that will naturally drain into the system are not required to provide these measures.
h. Build upon area in excess of the permitted amount will require a permit
modification. 1 1 11111 1111191111191E111110
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Book:2724,Page:442

(Page 4 of 10)
IN TESTIMONY WHEREOF, BLUE WATER HOME CONSTRUCTION, LLC,
SELLHORN-SCHEPER, L.L.C., CRAYTON AND COMPANY and CRAYTON BROS. have
executed this instrument in such form as to be binding, on the year and day first above written.
BLUE WATER HOME CONSTRUCTION, LLC
A Limited Liabiliv Company
4�BY: (SEAL)
MILTON H. ASKEW, [[I
Member/Manager
BY: (SEAL)
iN B. ASKEW
Member/Manager
BY: %/'vI ' - �- (SEAL)
MILTON H. ASKEW, IV
Member/Manager
SELLHORN-SCHEPER, L.L.C.
A Limited Liability Company
BY: 10,(SEAL)
KY L. SCHEPER
Member/Manager
9&AX"_(SEAQ
� BY: &W
RICHARD D. SELLHORN
Member/Man r
BY: V "— {SEAL)
ILLIP R. SELLHORN
Member/Manager
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Pap. 4 of 10 MILTON 11 ASKEW, III
eK2724 PG445 Member/Manager
Book:2724,Page:442

(Page 5 of ,10)
CRAYTON BROS.
A General P
BY: (SEAL)
WALTER F. CRAYTON
BY: (SEI)
P UL YTON. J
Partner
CRAYTON & COMPANY
A North Carolina Corporation
BY: (SEAL)
President
NORTH CAROLINA P
CRAVEN COUNTY
gcbsa 07c rrerr pllss
1, a Notary Public of Craven County,
do hereby certify that MILTON H. ASKEW, III, being a member/manager of BLUE WATER
HOME CONSTRUCTION, LLC, a limited liability company, personally appeared before me
this day and acknowledged the due execution of the foregoing instrument.
rX
WITNESS my hand and notarial seal, this day of May, 2008.
(<2-kc YYLpt.A, p.I n
NOTARY PUBLIC
My Commission Expires: i?%U 1LP
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(Page 6 of ,10)
NORTH CAROLINA
CRAVEN COUNT b.a n?�rr� l l l7Ls 55
pin('
I, a Notary Public of Craven County,
do hereby certify that KARE11 B. ASKEW, being a member/manager of BLUE WATER
HOME CONSTRUCTION, LLC, a limited liability company, personally appeared before me
this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this + day of May, 2008.
VOTARY PUBLIC
My Commission Expires: •Mei ��a aia `���`%�,1<RRN
Qm• �4TAq ;
NORTH CAROLINA '•c'9•�•,,,.�t►G
CRAVEN COUNTY Q/a r fcr i ��ii�";N couq,
a Notary Public of Craven County,
do hereby certify that MILTON H. ASKEW,,IV, being a member/manager of BLUE WATER
HOME CONSTRUCTION. LLC, a limited liability company, personally appeared before me
this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this � day of May, 2008.
12elo, rn,,,._e y pel a-i
NOTARY PUBLIC
My Commission Expires:
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(Page 7 of 10)
NORTH CAROLINA
CRAVEN COUNT loco f
�z yZcfIe[I j,(PSS
[, a Notary Public of Craven County,
do hereby cerd'K that RICKY L. SCHEPER, being a member/manager of SELLHORN-
SCHEPER, L.L.C., a limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITLESS my hand and notarial seal, this %�day of May, 2008,
Q� u
NOTARY PUBLIC
My Commission Expires: 'r-na,4 a�-, a-- t -4' ````��"wMIM��Iii���
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NORTH CAROLINA
CRAVEN COUNTY
1, Q-k2ra F)-)VV-r..e_11_�L5S.._. a Notary Public of Craven County,
do hereby certify that RICHARD D. SELLHORN, being a member/manager of SELLHORN-
SCHEPER, L.L.C., a limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this 9'0 day of May, 2008,
NOTARY PUBLIC
My Commission Expires:aCa•�ora ����ri�RRrrrrgI�i
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Book:2724,Page:442

1 (Page 8 of 10)
NORTH CAROLINA
CRAVEN COUNTY
I, _ >r iJfa rnp rY 1 1 12tts� , a :Votary Public of Craven County,
do hereby certify that PHILLIP R SELLHORN, being a member/manager of SELLHORN-
SCHEPER, L.L.C., a limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this 8 a. day of May, 2008,
C-'�L L'e rA-V a u r xg.:;�
NOTARY PUBLIC
My Commission Expires: `tY7crl ;Wc. b s ?
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NORTH CAROLINA
CRAVEN COUNT j� � QT'%P
1, a Notary Public of Craven County,
do hereby certify that MILTON H. ASKEW, Ill, being a member/manager of SELLHORN-
SCHEPER, L.L.C., a limited liability company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this S"-day of May, 2008.
NOTARY PUBLIC
My Commission Expires:
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Book:2724,Page:442

I (Page 9 of 10)
NORTH CAROLINA
CRAVEN COUNTY
I, `"1 uu+2�C-(' ' P 10Wq15 , a Notary Public of Craven County,
do hereby certify that WALTER F. CRAYTON, being a general partner of CRAYTON BROS.,
a General Partnership, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
WITNESS my hand and notarial seal, this 10-2ay of May, 2009,
My Commission Expires--Expires--m oo
NORTH CAROLINA
CRAVEN COUNTY
NOTARY P LlC -r
1
C- i IUA)'46 a Notary Public of Craven County,
do hereby certify that PAUL W. CRAYTON, JR., being a general partner of CRAYTON
BROS., a General Partnership, personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
WITNESS my hand and notarial seal, this "y of May, 2008.
NOTARY PUBLIC
My Commission Expires: U
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Book:2724,Page:442

(Page 10 of 10)
NORTH CAROLINA
CRAVEN COUNTY
1, r +1t C ���` a Notary Public of Craven County, do
hereby certify that personally appeared before me this day and
acknowledged that he is the AtW—" Presi ent of CRAYTON & COMPANY, a corporation,
and that the foregoing instrument was signed by him for and in its name as the act of the
corporation.
WITNESS my hand and notarial seal, this Ia't4%-day of May, 2008,
My Commission Expires:
.11n i�Ul (i NOTARY PUBLIC
MASER VEROtll,SS1J-MDOCSti00004952.000,DOC
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Book:2724,Page:442