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HomeMy WebLinkAboutSW7060212_HISTORICAL FILE_20100812STORMWATER.DIViSION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW 7eyzA1�} DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS C?HISTORICAL FILE DOC DATE mqt� g n YYYYMMDD $K 16 7 0 ro 8 9 Z MWFORT COUPSW LAW MC'GR05; FOR REGISTRATION REGISTER OF DEEDS JENNiEAU LEGORT COT WHITY, NCURST ROUTING FE�RM -�-l: � 3 BEAUFORT COUNTY, NC 2009 JAN 21 12:10:48 PM 67 /- BK :1670 PG : 892-896 FEE : $23 , 00 Land Record9 official Datf X REVENUE STAMP : $2, 731. 00 INSTRUMENT # 2009000254 AUG 1 2 '?010 PREPARED BY AND RETURN TO: RODMAN, HOLSCHER, FRANCISCO & PECK, P.A. ATTORNEYS AT LAW 320 North Market Street Post Office Box 1747 NORTH CAROLINA WASHINGTON, NC 27889 BEAUFORT COUNTY TELEPHONE: (919) 946-3122 THIS DEED, made this the -3,\ ;�, day of January, 2009, by and between CHARLES C. EDWARDS, JR., Substitute Trustee in the Deed of Trust hereinafter mentioned, hereinafter referred to as "Grantor," First South Bank, 1311 Carolina Avenue, Washington, NC 27889, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, on the 11Ch day of September, 2007, CYPRESS COMMONS, LLC, executed and delivered unto THOMAS A. VANN, as Trustee, a certalin Deed of Trust which is duly recorded in the office of the Register of Deeds of Beaufort County, North Carolina, in Book 1606, Page 686 to which reference is hereby made; and WHEREAS, by instrument dated October 8, 2008, and appearing of record in Book 1661 Page 972, Beaufort County Registry, CHARLES C. EDWARDS, JR. was substituted as Trustee in the aforementioned Deed of'Trust; and WHEREAS, default having occurred in the payment of the indebtedness secured by the said Deed of Trust, due demand was 6K1670FG893 made on the Debtor by the owner and holder of the indebtedness secured by said Deed of Trust; consequently, the Substitute Trustee was instructed to foreclose the said Deed of Trust and sell the property under the terms and conditions thereof; and WHEREAS, under and by virtue of the power and authority vested in CHARLES C. EDWARDS, JR., Substitute Trustee, Grantor herein, by said Deed of Trust and according to the terms and stipulations of the same, and having instituted a Special Proceeding before the Clerk of Superior Court of Beaufort County entitled 112008-SP-164", and after due advertisement, as in said Deed of Trust provided and as by law required, and due and timely notice having been given to the parties to said Special Proceeding, and a proper hearing having been conducted on November 13, 2008, whereupon the Clerk of Superior Court of Beaufort County, North Carolina, authorized the Grantor herein to proceed under said Deed of Trust and sell the real property as herein below described, Grantor, at 2.00 P.M. on January 5, 2009, did expose the land described in the said Deed of Trust, subject to all prior liens, unpaid taxes, restrictions, easements and assessments of record, if any, for sale at public auction at the Beaufort County Courthouse steps in Washington, North Carolina; when and where Grantee herein became the last and highest bidder for said land at the price of ONE MILLION THREE HUNDRED FIFTY- EIGHT THOUSAND FIVE HUNDRED EIGHTY --FIVE AND 56/100 DOLLARS ($1,358,585.56); and WHEREAq, the above named Grantor duly reported the land sale to the Clerk of Superior Court of Beaufort County, as by law required, and thereafter said sale remained open for ten (10) days and no advance bid was placed thereon in the time allowed by law; and WHEREAS, said purchase price has now been fully paid or amount credited upon payment of balance of Note; NOW, THEREFORE, in consideration of the premises and the payment of said purchase price by Grantee, the receipt of which is hereby acknowledged, and pursuant to the authority vested in him by the terms of the said Deed of Trust, Grantor does hereby 8X1670PG894 bargain, sell, grant and convey unto Grantee, its successors and assigns, all that certain tract or parcel of land lying and being in Beaufort County, North Carolina, more particularly described as follows: All that certain tract or parcel of land lying and being situate in Chocowinity Township, Beaufort County, North Carolina and being more particularly described as follows: THAT CERTAIN tract or parcel of land containing 1.72 acres, more or less, identified by the word "COMMERCIAL" as the same is shown on that map prepared by David L. Jones, Jr., Registered Land Surveyor, dated October 9, 1995, and identified by the following legend: "A Survey For Weyerhaeuser Real Estate Company Cypress Landing Subdivision Commercial Site." This map is of record in Plat Cabinet E, Slide 66-9, Beaufort County Registry and further reference is hereby made to said map for a more complete and accurate description of this property. Further reference is made to that certain deed dated November 10, 1995 and recorded in Book 1033, Page 900 of the Beaufort County Registry. This property is subject to the terms and conditions as described in Exhibit "C" and Exhibit "D" of the aforesaid deed. TO HAVE AND TO HOLD the said land and all improvements thereon, together with all privileges and appurtenances thereunto belonging unto the said Grantee, its successors and assigns, forever, in as full and ample a manner as Grantor, Substitute Trustee, is authorized and empowered to convey the same. IN WITIJESS WHEREOF, Grantor, Substitute Trustee of the aforesaid Deed of Trust, has hereunto set his hand and affixed his seal, this the day and year first above written. (SEAL) CHARLE C. EDWARDS, JR. SUBSTIT TE TRUSTEE aK16-70PG895 NORTH CAROLINA BEAUFORT COUNTY Before me, the undersigned Notary Public in and for the aforesaid State and County, this day personally appeared CHARLES C. EDWARDS, JR, Substitute Trustee, and acknowledged the due execution by him -of the foregoing Trustee's Deed for the purposes therein expressed. Witness my hand and Notarial Seal., this the of January, 2009. 0 '�pTgR� o � iJ?n My S (�7 PUBLIC Tres: C Bk1670N',896 . JENNIFER LEGGETT WHITEHURST BEAUFORT COUNTY REGISTER OF DEEDS COURTHOUSE BUILDING 112 W. 2ND STREET WASHINGTON, NC 27889 rsxsxssrsrfssrsrssxsrs,�srr:srsrxxrarrs�r4ssrrsssrssrrxrraarxrrrrasraaas+aaa+a+ax+rx.,sr�,rx+rxrxxrxrxxaxxxxrxxxx+xr+++aaxa Filed For Registration: Book Document No.: NC REAL ESTATE EXCISE TAX: Recorder: 01/21/2009 12:10:48 PM RE 1670 Page: 892-896 2009000254 DEED 5 PGS $23.00 $2,731.00 ELIZABETH HOWARD *2009000254* 2009000254 Gh 1.p Ed 0"5 Zjz . 1AMN V & NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 26, 2010 Mr. Thomas A. Vatu , President & CEO First South Bank PO Box 2047 Washington, NC 27889 Dee Freeman Secretary Subject: Stormwater Review SW7060212 Cypress Commons — Pennit Transfer Request Beaufort County Dear Mr. Vann: This office received a Coastal Stormwater permit transfer application for the subject project on May 27, 2010. A preliminary review of the form indicates that before a State Stormwater permit can be issued the following additional information is needed. The submitted Permit Transfer request form was not signed by the current permittee, please submit a revised form which has been signed by both yourself and Mr. Stephen Atkins, Sr. or current Manager of Cypress Commons, LLC. The above requested information must be received in this office prior to August 26, 2010 or your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. !f you need additional time to submit the required information, please mail or fax your request for time extension to this office at the Letterhead address. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC.2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day. Please reference the Stormwater Project Number above on all correspondence. if you have questions, please feel free to contact me at (252) 948-3848. Sincerely, Scott Vinson Environmental Engineer cc: Stephen Atkins, Manager — Cypress Commons, LLC %l0ashington Regional Office North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Internet: www.ncwaterquality.org Phone: 252-946-6481 1 FAX: 252-946-9215 FAX: 252-946-9215 One NorthCarolina Naturall# An Enual Oncominity 5 Affirmative Action Fmolover -� M nOr YM AJZA. MAY 2 7 2010 WDENR North Carolina Department of Environment and Natural Resources' Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION (�vy►"*F`f Co, 14bloc 1. Stormwater Management Permit Number: 2. Project Name; 55 IrI m t)rlS 3. Current Permit Hold is Company Name/Organization: C 4. Signing Official's Name: 9 9 S�� �.... �-.�--�C {` �," S Title: {person legally responsible for permit) 5. Mailing Address: City: State:i 6. Phone: { } �f=ax: ( )_ It. PROPOSED PERMITTEE 1 OWNER I PROJECT ! ADr' This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items, ,r" 1 ❑ Name change of project {Please complete Item 5 belo%.' wti ® Change in ownership of the property/company (Please &. �? /%2, 3, and 4 below) ® Mailing address 1 phone number change. (Please complete.\ `aw) ❑ Other (please explain): 1 .� 1. Proposed permittee's company name/organization: / 2. Proposed permittee's signing official's name i �� %H�•m�s A• r��✓ 3. Proposed permittee's Title: _ SrNiy _,�5� �fr%✓� 4. Mailing Address: ~ o City: State: �N,)_C zip: Phone: ( ) Fax: { } 5. New Project Name to be placed on permit: — &S 5 fr enS Please check the appropriate box. The proposed permittee list d above is:. ❑ HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name of HOA or POA in #1 above and provide name of HOA (POA) president in #2 above). �C The property owner. ❑ Lessee (Attach-a•copy of,the tease agreement and complete Property Owner Information on page 4) - ❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner Information on page-4),- 7 Developer (Complete Property Owner Information on page 4) SSW N/0 Change Rev,16Nov2009 Page 1 of 4 Ill., , REQUIRED ITEMS This application package will not be accepted by' the Division of Water Quality unless all of the applicable required items listed below are included with the submittal. 1. This completed and signed form. 2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee and Proposed Permittee Sections) 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit and if not already submitted to DWO. 5. If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from the Secretary of State office, which supports the named president, vice president, member, manager or General Partner. 6. The $40.00 processing fee. If this is an initial transfer from the original Permittee to the property owner or other responsible party such as an HOA, the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements: ❑ Check here if the Current Owner is only changing the owner name, company name or project name, or the marling address, and will retain ownership of the permit. I, , the current owner, hereby notify the Division of Water Quality that I am changing my name or company name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments as outlined above are not included, this application package will be returned as incomplete. [S Check here if Current Owner is transferring (selling) the property to a new owner and will not retain ownership of the permit. I, ,ram _...rWW the current owner, am submitting this application for a transfer of ownership for permit # I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I further acknowledge and attest that I have transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records to the Proposed Permittee named in Sections II and V of this form at the mailing address listed in Section 11 of this form. I further attest that I assign all rights and obligations as Permittee to the Proposed Permittee named in Section V of �11Z''1-this form. I understand that this transfer of ownership cannot be approved by the Division of Water Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs this form. I understand that in the event the facility is not in compliance or the Proposed Permittee does not sign this form, the responsibility to bring the facility into compliance and to comply with the terms and conditions of the permit remains with me until such time as the Proposed Permittee signs this form and the Qivision approve G ��t+t Signature: Date: 'a2 a Notary Public for the State of County of�r/L do hereby certify that Tv�y,� 5 mQ �� n ►'� personally appeared before me this,the �r Sr day of 20�, and acknowledge the`due execution of the (Notary Seal forgoin instrument. Witness my hand and official seal, t _ (� ry ) P_ rlw� Notary Signature CdMM1SS/ail Tt 2f-J 3 3 SSW N/0 Change Rev16Nov2GO9 Page 2 of 4 August 12, 2010 Mr. Scott Vinson Environmental Engineer I1 Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Re: Cypress Commons Documentation Scott, REC ,ff["1 F� AUG 1 c 201Q y )lv"J ti)-VVAR0 Attached are the two executed forms you requested for the Cypress Commons (Chocowinity) location. Please review and complete any further required information and provide me copies for our records. Also attached, please find a copy of the deed transfer requested as proof of ownership for First South Bank. Scott, thank you for your assistance with processing our stormwater permit. Please let me know if you have any questions or require additional information. Steve runin per f Vice�r'sidcn , Branch Services Office\2`2-94 -4926 Cell 252-943=4745 JUN-22-2010 Tl1E 10,55 AM RIVERS ASSOCIATES INC FAX N0, 2527523974 P. 03 ivers sincel97B Project Name: Cypress Commons Chocowinity, Beaufort County, North Carolina Storrawater Management Permit No. SW7060212 Lu;inc:er, 1'I�uuters Sur�re�>r�rti Rivers and Associates, Inc, was authorized to provide inspection of the subject facility on May 12, 2010 and June 16, 2010. As a duly registered Professional Engineer in the State of North Carolina, I hereby state that to the best of my knowledge and belief, due care and diligence was used in the observation of the project construction such that the construction was observed to have been built within substantial compliance and intent with the approved plans and specifications. Rivers and Associates, Inc. License No. F-0334 GARO Scott T. Anderson, P.E. T Registration No. 28425 g T. A�iQ p�l.Q pRp d # 107 E AKt Seukmd ,14rua, C;reesmille, NC 27858 • {era t Office Lox 929 • GML'11Yf11L'. NU 27835 • (2i2) 752.411.5 • FAX (252) 752-1974 Is-:11dII: PI\'01'YQ+T'IeCrRflridnSSOCI:1tCH.Qtflfl JUN-22-2010 TUE 10:55 AM RIVERS ASSOCIATES INC FAX NO. 2527523974 P. 02 f J --rn�;i�ccrs &Associates,lnc. Plsliners Since 1916 tinrvevors June 22, 2010 Mr. Jeffery A. Masuung NC Department of Environment, Health and Natural Resources Division of Water Quality 943 Washington Square Mall Washington, North' Carolina 27889 Subject: Cypress Commons Chocowinity, Beaufort County, North Carolina Stormwater Management Permit No. SW7060212 Dear Mr. Manning: Attached for your files is the Engineer's Certification for Cypress Commons located, in Checowinity, NC. Please do not hesitate to'call if you have any questions or need any additional information. With best regards, Rivers and Associates, Inc. Scott T. derson, P.E. Project Engineer Attachment cc: Mr. Steve Grraninger First South Bann 1.07 Hiist SCC011[i StrLct, (,;,'ct nvlllc, k(l 378, $ • l`olt QFfice GreenvilIL, NC 27815 • (252) 752-41.35 • FAX (.aW) 752-3974 1 ' •' Vinson, Scott From: Steve Gruninger [Steve.Gruninger@firstsouthnc.com] Sent: Thursday, August 12, 2010 5:48 PM To: scott.vinson@ncmail.net Subject: Cypress Commons Certification Attachments: rivers cert.pdf Scott, Per your request, see attached Engineer's Certification provided by Rivers & Associates. Please let me know if you need further information. Thanks. Steve Gruninger First South Bank O 252-940-4926 C 252-943-4745 NOTICE : This e-mail is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure. If the reader of this e-mail is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by replying to the original message at the listed email address. Thank You. (mgate012009) RECEIVED AUG, 1-2 2010 nwQ PR03 # A Plivej- , Since1918 June 22, 2010 Mr. Jeffery A. Manning NC Department of Environment, Health and Natural Resources Division of Water Quality 943 Washington Square Mall Washington, North Carolina 27889 Subject: Cypress Commons Chocowinity, Beaufort County, North Carolina Stormwater Management Permit No. SW7060212 Dear Mr. Manning: Engineers Planners Survevors JUN 2 3 ZOID Attached for your files is the Engineer's Certification for Cypress Commons located in Chocowinity, NC. Please do not hesitate to call if you have any questions or need any additional information. With best regards, Rivers and Associates, Inc. Scott T. nderson, P.E. Project Engineer Attachment cc: Mr. Steve Gruninger First South Bank 107 East Second Street, Grceuville, NC 27858 • Post (office loos 9211 • Greenville, NC 27835 • (252) 752-=4135 • FAX (252) 752-3974 !�.-nuiil: rivers@rive�s:uulassueiates.com BLIP s mL-..W IlivelArS. &Associates,lnc. Since1918 Project Name: Cypress Commons Chocowinily, Beaufort County, North Carolina Stormwater Management Permit No. SW7060212 Ln'irlcers Planners Surveyors Rivers and Associates, Inc. was authorized to provide inspection of the subject facility on May 12, 2010 and .Iune 16, 2010. As a duly registered Professional Engineer in the State of North Carolina, I hereby state that to the best of my knowledge and relief, due care and diligence was used in the observation of the project construction such that the construction was observed to have been built within substantial compliance and intent with the approved plans and specifications. Rivers and Associates, Inc. License No. F-0334 Scott T. Anderson, P.E. Registration No. 28425 ,ARG�/ Iy' ?�� z �vo�NNo�Qy♦;T. 107 East. Second Street, Greenville, ,NC 27858 • Post C.)ffice lids 929 • Greenville. NC'. 27535 • (252) 752-4135 • FAX (252) 752-3974 Is' -mail: rivcrsOarivcrsantlassociatcs.eirnt Manning, Jeff A. From: Steve Gruninger [Steve.Gruninger@firstsouthnc.com] Sent: Wednesday, June 02, 2010 10:54 AM To: Manning, Jeff A. Cc: Gwen Calhoun; Gwen Calhoun Subject: Cypress Commons Jeff, Thanks for your time on the phone today. As a follow up, First South Bank has taken action to correct the deficiencies identified by Rivers & Associates with the current stormwater facilities located at Cypress Commons, Chocowinity, NC (Stormwater permit # SW7060212). BE Singleton & Sons are currently working at the site and should be complete early next week. Once completed, we will have Rivers & Associates complete a re -inspection of the facility and prepare an engineer's certification to be submitted to your offices in order to fully comply with the conditions of the stormwater permit. Based upon current timeframe, I would expect to have things completed within the next two weeks. Please feel free to contact me directly at 940-4926 should you have any questions or require additional information. Thanks. Steve Gruninger First South Bank NOTICE : This e-mail is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure. If the reader of this e-mail is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by replying to the original message at the Iisted email address. Thank You. (mgate012009) COLOMBO, KITCHIN, DUNN, BALL & PORTER, LLP ATTORNEYS AT LAW MICHAF,L A. COL011B0 t W. WAS.TON KITCHIN tt JoH\' B. DUNN, JR. MICAH D, BALL CHRISIIAN G. PORTER BRADI.I!Y D. PINER KIT[Y IL WETHER[NGTON MARY CI IARLES WALL TRACY IL STROUD DALLAS CLARK, JR. ttt December 7, 2009 Mr. Al Hodge NC Division of Water Quality 943 Washington Square Mall Washington, NC 27888 RC: Cypress Commons LLC v. Henry Stilley Beaufort County, 08 CVS 54 Our File 07-1433 Dear Mr, Hodge: t BOARD CERTIFIED SPECIALIST IN ESTATE PLANNING AND PROBATE LAW tt CERTIFIED MEDIATOR AND ARBITRATOR ttt BOARD CERTIFIED SPECIALIST IN FAMILY LAW 1698 F. ARLINGTON HLVD, GREENVILI,E, NORTH CAROLINA 27858 TELEPHONE(252) 321-2020 FAX (252)353-109G MLOHR(a CK-ATTORNEYS.COM Enclosed is a Subpoena for you to appear and testify in the trial of the above referenced matter. This case arises in relation to Storm Water Permit #SW 7060212 issued to Cypress Commons, Beaufort County. Mr. Kitchin will call to discuss the case with you prior to trial, In the meantime, if you have any questions, please do not hesitate to contact me at your convenience. DEC 0 8 Z009 /mwl # 103 129 Sincerely, Marianne W. Lohr Paralegal Michael F. Easley, Governor William G. Ross Jr., Secretary Norih Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 4, 2007 Mr. Stephen C. Atkins, Sr. Cypress Commons, LLC 1910 Carolina Avenue Washington, NC 27889 N, ?.007 SUBJECT: Acknowledgment of Receipt of Payment Case No. CV-2006-0021 Cypress Commons Development Beaufort County Dear Mr. Atkins: This letter is to acknowledge receipt of check # 1323 from Cypress Commons, LLC.in the amount of $3,665.95 received on December 27, 2006. The balance of.the penalty is $0.00. This payment satisfies in full the civil penalty assessment dated November 29, 2006 levied against Cypress Commons, LLC and this enforcement case has been closed. Payment of this penalty in no way precludes further action by this Division for continuing or future violations. You are encouraged to contact Bill Moore or Al Hodge with the DWQ Washington Regional Office at (252) 946-6481 for any questions regarding the compliance of the site. If you have any questions regarding this letter, please Shelton Sullivan at (919) 733-5083 ext. 544. Sincerely, Shelton Sullivan NPS Assistance & Compliance Oversight Unit cc: Al Hodge -- DWQ Washington Regional Office Supervisor Bill -Moore --DWQ-Washington Regional Office Staff-, NPS Assistance & Compliance Oversight Unit File Copy DWQ Central Files Narth Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Internet: www.ncwalerquality.org Location: 512 N. Salisbury St, .Raleigh, NC 27604 Fax (919) 733-9612 �Carolina turrrtlit . A Customer Service 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer-- SM Recycled/10% Post Consumer Paper WA7Eq�G 7 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 0100 0000 8377 3831 ' Cypress Commons, LLC Attn: Mr. Stephen C. Atkins, Sr. 1910 Carolina Avenue Washington, NC 27889 November 29, 2006 SUBJECT: Assessment of Civil Penalties Cypress Commons, LLC Cypress Commons Development Beaufort County Case No. CV-2006-0021 Dear Mr. Atkins: This letter transmits notice of a civil penalty assessed against Cypress Commons, LLC, in the amount of $3,665.95 which includes $165.95 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty clays of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of - Mr. Shelton Sullivan NC DWQ -- Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 None hCarolina �aturattil North Carolina Division of Water Quality 943 Washington Sq. Mall Phone (252) 946 - 6481 Internet: h2o.emstate,nc.us Washington, NC 27889 FAX (252) 946 - 9215 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Page 2 pia 2, Submit a written request for remission or mitigation including a detailed justification for such request: OR A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver form and the attached "Justification for Remission Request" which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 143B-282,1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Shelton Sullivan NC DWQ — Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Submit a written request for an administrative hearing - If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Page 3 AND Mail or hand -deliver a copy of the petition to: Ms. Mary Penny Thompson NCDENR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 And to: Mr. Shelton Sullivan NC DWQ— Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations that occur after the review period of this assessment. If you have any questions, please contact me at (252) 948-3844. Sincerely, AL.* — i _ _ __ Al Hodge, Regional Supervisor Surface Water Protection Washington Regional Office Division of Water Quality ATTACHMENTS cc: WARO -Files DWQ - Wetlands & Stormwater Branch - NPS Assistance & Compliance Oversight Unit DWQ - Central Files Susan Massengale, PIO Postal�i �m ! CERTIFIED I co (Domestic Rnly; No Insurance Coverage Provided M � For wabsite at delivery fir �' 9rmatiOn visit � L USur E E m CO Post e $ %, o p I certified Fee U r O ! Postmartc Return Receipt Fee cc (Etrdor5errrent Regolred) , 0� -ap �•:� O 0 Restricted Delivery Fee •� (Endorsement Required) ti Total Postaoo & Fees .A © ' CYPRESS COMMONS, LLC M ATTN: STEPHEN ATKINS, SR •--•-------- -p 1910 CAROLINA AVE 'r WASHINGTON NC 27889 STATE OF NORTH CAROLINA COUNTY OF BEAUFORT IN THE MATTER OF: Cypress Commons, LLC FOR VIOLATIONS OF NCGS 143-215.1(a)(2) and 15A NCAC 2H .1003 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Case No. CV-2006-0021 FINDINGS AND DECISION AND ASSESSMENT OF } CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Al Hodge, of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Cypress Commons, LLC, is a Corporation organized and existing under the laws of the State of North Carolina. B. On March 2, 2006, DWQ Washington Regional Office received a stormwater permit application for Cypress Commons Commercial Development site. C. On October 16, 2006, DWQ staff from the Washington Regional Office inspected the Cypress Commons site and observed the construction of a building, parking lot and (3) stormwater detention basins. The building and parking lot construction resulted in an increase in impervious surface at this site or otherwise decreased the infiltration of precipitation into the soils. D. For development activities located within the 20 coastal counties, a State Stormwater Management Permit is required by NCGS 143-215.1 and 15A NCAC 2H .1003 for development activities that require a Coastal Area Management Act Major Permit or an erosion and sedimentation control plan. E. Beaufort County is a Coastal County as defined by 15A NCAC 2H .1002(4). F. The land disturbances associated with the Cypress Commons development requires an erosion and sedimentation control plan. G. An erosion and sedimentation control plan for the site was approved by the Division of Land Resources on April 13, 2006. H. Cypress Commons, LLC failed to obtain a stormwater management permit prior to construction of impervious surfaces. Cypress Commons, LLC Beaufort County Case No. CV-2006-0021 Page 2 of 3 I. State Stormwater permit SW7060212 for the Cypress Commons Development is currently under review and still pending. J. The cost to the State of the enforcement procedures in this matter totaled 165.95 . Based on the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Cypress Commons, LLC, is a "corporation " within the meaning of G.S. 143- 215.6A pursuant to G.S. 143-212(4). B. Beaufort County is a coastal county as defined by 15A NCAC 2H.1002(4). C. Cypress Commons, LLC is engaging in development activity at this site, which requires an approved Erosion & Sedimentation Control Plan. D. Cypress Commons, LLC violated NCGS 143-215.1 and 15A NCAC 2H .1003 by failing to secure a Stormwater Management Permit prior to construction of the project known as Cypress Commons. E. Cypress Commons, LLC may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. F. Cypress Commons, LLC may be assessed civil penalties pursuant to G.S. 143- 215.6A (a)(6) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) dollars per violation may be assessed against a person who violates a rule of the Commission implementing this part, Part 2A of this Article, or G.S. 143-355(k). G. The State's enforcement cost in this matter may be assessed against Cypress Commons, LLC pursuant to G.S. 143- 215.3(a)(9) and G.S. 143B-282(b)(8). H. Al Hodge, of the Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. r Cypress Commons, LLC Beaufort County Case No. CV-2006-0021 Page 3 of 3 Based upon the above Findings of Fact and Conclusions of Law, I make the following. III. DECISION Accordingly Cypress Commons, LLC is assessed a civil penalty of: $ 3,500.00 for violating NCGS 143-215.1 and 15A NCAC 2H .1003 by failing to obtain a stormwater management permit from the Division of Water Quality for the development of Cypress Commons. $ 3,500.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A. $ 165.95 Enforcement costs. $ 3,665.95 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered the factors set out in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures Date Al Hodge Division of Water Quality JUSTIFICATION FOR REMISSION REOUEST DWQ Case Number: CV-2006-0021 County: Beaufort Assessed Party: Cypress Commons, LLC Amount Assessed: S 3,665.95 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION(attach additional pages as necessary): STATE OF NORTH CAROLINA COUNTY OF BEAUFORT IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Cypress Commons, LLC DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. CV-2006-0021 Having been assessed civil penalties totaling $ 3,665.95 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 29, 2006, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 `- leers &Associates,inc. Since1918 October 19, 2006 Hand Delivered Mr. William Moore NC Department of Environment, Health and Natural Resources Division of Land Resources - Land Quality Section 943 Washington Square Mall Washington, North Carolina 27889 Subject: Stormwater Review SW7060212 Cypress Commons Beaufort County, North Carolina Dear Mr. Moore: Engineers Planners Surveyors The Stormwater Management Plan for the subject project has been revised in accordance with your letter dated October 12, 2006. To assist in your review, I have summarized our revisions below: 1. The vegetation plan for extended detention basins is contained in the Seeding and Mulching specifications on Sheet 1 of the construction drawings. All lawn areas will be permanently vegetated with Bermuda grass. We have consulted with an NC licensed Landscape Architect, NC licensed Landscape Contractor and a member of the NC Sod Producers Association to ensure that this is an appropriate selection. These specifications were included in our submittals dated April 2, 2006, May 3, 2006 and July 18, 2006. 2. Runoff calculations for all inlets, outlets, and channels are contained in the Stormwater Management flan. The maximum calculated velocity in a channel is 2.12 fps which is an acceptable velocity for the silty clay soils on this site (Malcolm 1989). However, as an additional precaution, rip rap aprons have been added to the concrete flumes and outlet pipes where the velocities exceed 2 fps. 3. A soils report has been added to the Stormwater Management Plan. On July 16, 2006, engineers from Our office were onsite to perform a soils investigation. At three locations, hand augers were advanced a minimum of IS" below the proposed invert of the detention basins. No groundwater was observed at any of these locations. 4. The details for the Outlet Structures and the Orifices have been revised as discussed during our telephone conversation on October 12, 2006. 5. Two copies of the revised Stormwater Narrative, plans and calculations are attached. Thank you for your assistance with this project. Do not hesitate to call if you have any questions or need any ;additional information. With best regards, Rivers and Associates, Inc. Scott T. Anderson, F.E. Project Engineer Cc: Cypress Commons, LLC 107 East Second Street, Greenville, NC 2785S • Post Office Box 929 • Greenville, NC 27835 • (252) 752-4135 • FAX (252) 752-3974 E—mail: rivers@rivcrsand:associ.ates.com hers &Associates,lnC. Engineers 1 Planurcrs / Surveyors Since1918 TO: NC Department of Environment and Natural Resources 943 Washington Square Mall Washington, NC 27889 GENTLEMEN: WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter �] Attached ❑ Prints ❑ Change Order LETTER OF TRANSMITTAL Date I Job No. October 19, 2006 ATTENTION: Mr. Bill Moore SUBJECT: Cypress Commons n Stormwater Review SW7060212 ®VV d%.4 W��pb�l�� Chocowinity, North Carolina ❑ Under Separate Cover ❑ Plans ❑ Samples ❑ Other via hand delivered the following items: ❑ specifications COPIES DATE No. DESCRIPTION l 10/18/2006 Stormwater Management Plan 2 10/19/2006 W-2913 Site Plan - Cypress Commons THESE ARE-rRANSM ITTED as checked below: ❑ For Approval ❑ For Your Use ❑ As requested ❑ For Review and Comment REMARKS ❑ Approved ❑ Approved as Noted ❑ Disapproved ❑ Other ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return copies for approval Thank'you for taking time today to review the plans for Cypress Commons with Scott Anderson and me. Attached for your approval is the Stormwater Management Plan that has been revised as discussed. To assist with your review, 1 have placed yellow "flags" at the places where additional information has been added or revisions have been made. Please do not hesitate to contact our office if you have any questions or need any additional information. COPY TO Cypress Commons, LLC SIGNED: If enclosures are not as noted, kindly irwify us at once dtyson@riversandassociates.com 107 East Second Street * Post Office Box 929 * Greenville, North Carolina 27835 * (252) 752.4135 " FAX (252) 752-3974 One Springfield Center * 6131 Falls of Neuse Road * Raleigh, North Carolina 27609 * (919) 848-3347 * FAX (919) 848-0319 �0� W A TFRQ Michael F. Easley, Governor WaRo William G. Ross Jr., Secretary UJ North Carolina Department of Environment and Natural Resources rw -� Alan W. Klimek, P.E. Director Division of Water Quality October 12, 2006 Cypress Commons, LLC Attn: Mr: Stephen. C. Atkins, Sr. 1910 Carolina Ave. Washington, NC 27889 Subject: Stormwater Review SW7060212 Cypress Commons Beaufort County Dear Mr.Atkins: This office received a Coastal Stormwater permit application and plans for the subject project on March 2, 2006. Mr. Scott Anderson, with Rivers & Associates, provided a revised application package to our office on July 20, 2006. The following items must be addressed before a State Stormwater permit can be issued: 1) A vegetation plan must be provided for the extended detention basins, 2) All inlets and outlets must be evaluated for potential erosion; and, scour/rip-rap protection provided where needed. 3) Separation from Seasonal High Water Table must be supported by on -site soils investigation and soils report. 4) Revise details for outlet structures and orifice structures as per discussions with the engineer. 5) Revise Stormwater narrative, plans & details to reflect any changes. The above requested information must be received in this office prior to November 13, 2006, or your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to this office at the Letterhead' address. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity, Construction without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day. If you have questions, please feel free to contact me at (252) 948-3919. Sincerely William J. Moore Environmental Engineer Washington Regional Office cc: Rivers & Associates Beaufort County Planning/inspections Washington Regional Office �o�y` NnCaro ; anir , North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service Internet: h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 COLOMBO; KITCHIN, DUNN, BALL & PORTER, LLP ATTORNEYS AT LAW MICHAEL A. COLO,VBO t W. WALTON KITCHIN tt JotIN B. DUNN, JR. MICAII I). [TALL CHRIS'PIAN r, POR'I''M BRADLEiY D. PINER KI rIY 11. WLfHERINGTON MARY CHARLES WALL. TRACY 11, S'IROOD Or- CuUNsrr. DALLAS CLARA, JR. ttt October 9, 2009 Mr. Al Hodge NC Division of Water Quality 943 Washington Square mall Washington, NC 27888 RE: Cypress Commons LLC v. Henry Stilley Beaufort County, 08 CVS 54 Our File 07-1433 Dear Mr. I -lodge: t BOARD CERTIFIED SPECIALIST IN ESTATE PLANNING AND PROBATI1, LAW tt CERTIFIED y1EDIATOR AND ARBITRATOR ttt BOARD CERTIFIED SPECIALIST IN FA%11LY LAW 169E E_ ARLENGTON BLVD. GREENVILLE, NORTI4 CAROLINA 27858 TELE:PHON'1;(252) 321-2020 FAx (252) 353-1096 M LOKI RACK-ATTORN FYS.COM Enclosed is a Subpoena for you to appear and testify in the trial of the above referenced matter. This case arises in relation to Storm Water Permit #SW 7060212 issued to Cypress Commons, Beaufort County. Mr. Kitchin will call to discuss the case with you prior to trial. In the meantime, if you have any questions, please do not hesitate to contact me at your convenience. /mwl 4101354 Sincerely, Marianne W. Lohr Paralegal \Nyri6#!^4 r' G(- - File No, STATE OF NORTH CAROLINA 08 CVS 54 BEAUFORT In The General Court Of Justice COUlltjj ❑ District Q Superior Court Division Cypress Commons, LLC Additional File Numbers VERSUS Henry Stilley, Jr., tla Bud Stilley Properties SUBPOENA G.S. 1A-1, Rule 45 Party Requesting Subpoena NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request, ❑a State/Plaintiff ❑ Defendant but must be signed and issued by the office of the Clerk of Superior Court, or by a magistrate or1udge. Name Of Person Subpoenaed Aftemate Address TO Al Hodge NC Division of Water Quality 943 Washington. Square Ma!I Washington, NC 27889 Telephone No. Telephone No. YOU ARE COMMANDED TO: (check all that apply) appear and testify, in the above entitled action, before the court at the place, date and time indicated below. ❑ appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below. ❑ produce and permit inspection and copying of the following items, at the place, date and time specified below. ❑ See attached list. (List here if space sufficient.) Name And Location of Court/Pface of Deposition/Place to Produce Date To Appear/Produce Superior Court October 26, 2009 Beaufort County Courthouse Time To Appear/Produce 112 West Second Street Washington, NC 27889 10:00 ❑y AM ❑ PM Name And Address Of Applicant or Applicant's Attorney Date W. Walton Kitchin October 9, 2009 Colombo, Kitchin, Dunn, Ball & Porter, LLP Signalu 1698 East Arlington Boulevard Greenville NC 27858 Telephone Number ❑ Deputy CSC ❑ Assistant CSC Clerk of Superior Court ❑ Superior Court Judge 252-321-2020 ❑ Magistrate AttorneyiDA ❑ District Court Judge .w-- -..- - RETURN OF SERVICE a r _.,. ........ .- ......... ........... ... . .. err.. I certify this subpoena was received and served on the person subpoenaed as follows: By ❑ personal delivery. ❑ registered or certified mail, receipt requested and attached. ❑ telephone communication (For use only by the sheriff's office for witness subpoenaed to appear and testify.) ❑ I was unable to serve this subpoena. Service Fee ❑ Paid Date Served Signature of Authorized Server Title $ ❑ Due NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or taxed to the attorney for each party irl AOC-G-100, Rev. 10103 Copyright 2003 Administrative Office of the Courts (Please See Reverse Side) 1 . —. NOTE: Rule 45, North Carolina Rules of Civil Procedure, Parts (c) and (d). (c) Protection of Persons Subject to Subpoena (1) Avoid undue burden or expense. - A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena. The court shall enforce this subdivision and impose upon the party or attorney in vitiation of this requirement an appropriate sanction that may include compensating the person unduly burdened for lost earnings and for reasonable attorney's fees. (2) For production of public records or hospital medical records. .-Where the subpoena commands any custodian of public records or any custodian of hospital medical retards as defined in G.S. 8-44.1, to appear for the sole purpose of producing certain records in the custodian's custody, the custodian subpoenaed may, in lieu of personal appearance, tender to the court in which the action is pending by registered or certified mail or by personal delivery, on or before the time specified in the subpoena, certified copies of the records requested together with a copy of the subpoena and an affidavit by the custodian testifying that the copies are true and correct copies and that the records were made and kept in the regular course of business, or if no such records are in the custodian's custody, an affidavit to that effect, When the copies of records are personally delivered under this subdivision, a receipt shall be obtained from the person receiving the records. Any original or certified copy of records or an affidavit delivered according to the provisions of this subdivision, unless otherwise objectionable, shall be admissible in any action or proceeding without further certification or authentication. Copies of hospital medical records tendered under this subdivision shall not be open to inspection or copied by any person, except to the parties to the case or proceedings and their attorneys in depositions, until ordered published by the judge at the time of the hearing or trial. Nothing contained herein shall be construed to waive the physician -patient privilege or to require any privileged communication under law to be disclosed. (3) Written objection to subpoena. - Subject to subsection (d) of this rule, a person commanded to appear at a deposition or to produce and permit the inspection and copying of records may, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, serve upon the party or the attorney designated in the subpoena written objection to the subpoena, setting forth the specific grounds for the objection, The written objection shall comply with the requirements of Rule 11. Each of the following grounds may be sufficient for objecting to a subpoena: a, The subpoena fails to allow reasonable time for compliance. b. The subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies to the privilege or protection. c. The subpoena subjects a person to an undue burden. an objection has been made except pursuant to an order of the court, If objection is made, the party serving the subpoena may, upon notice to the subpoenaed person, move at any time for an order to compel the subpoenaed person's appearance at the deposition or the production of the materials designated in the subpoena. The motion shall be filed in the court in the county in which the deposition or production of materials is to occur. (5) Motion to quash or modify Subpoena. -A person commanded to appear at a trial, hearing, deposition, or to produce and permit the inspection and copying of records, books, papers, documents, or other tangible things, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, may file a motion to quash or modify the subpoena. The court shall quash or modify the subpoena if the subpoenaed person demonstrates the existence of any of the reasons set forth in subdivision (3) of this subsection. The motion shall be filed in the court in the county in which the trial, hearing, deposition, or production of materials is to occur, (6) Order to com eh expenses to comply with subpoena. - When a court enters an order compelling a deposition or the production of records, books, papers, documents, or other tangible things, the order shall protect any person who is not a party or an agent of a party from significant expense resulting from complying with the subpoena. The court may order that the person to whom the subpoena is addressed will be reasonably compensated for the cost of producing the records, books, papers, documents, or tangible things specified in the subpoena, (7) Trade secrets, confidential information. - When a subpoena requires disclosure of a trade secret or other confidential research, development, or commercial information, a court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or when the party on whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot otherwise be met without undue hardship, the court may order a person to make an appearance or produce the materials only on specified conditions stated in the order. (8) Order to quash; expenses, - When a court enters an order quashing or modifying the subpoena, the court may order the party on whose behalf the subpoena is issued to pay all or part of the subpoenaed person's reasonable expenses including attorney's fees. (d) Duties in Responding To Subpoena (1) Form of response. - A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label the documents to correspond with the categories in the request. d. The subpoena is otherwise unreasonable or oppressive. (2) Specificity of objection, - When information subject to a subpoena is withheld on the objection that it is subject to protection as trial preparation e. The subpoena is procedurally defective. materials, or that it is otherwise privileged, the objection shall be made with (4) Order of court required to override objection. - If objection is made specificity and shall he supported by a description of the nature of the under subdivision (3) of this subsection, the party serving the subpoena communications, records, books, papers, documents, or other tangible shall not be entitled to compel the subpoenaed person's appearance at a things not produced, sufficient for the requesting party to contest the deposition or to inspect and copy materials to which objection. INFORMATION FOR WITNESS dt�- ,._ �. 'i�. n :.� • ^m.' . �..__ � �`:_.� .� NOTE: If you have any questions about being subpoenaed as a witness, you should contact the person named on the other side of this Subpoena in the box labeled "Name and Address Of Applicant or Applicant's Attorney" DUTIES OF A WITNESS Unless otherwise directed by the presiding judge, you must answer all questions asked when you are an the stand giving testimony. • In answering questions, speak clearly and loudly onough to be heard. Your answers to questions must be truthful. If you are commanded to produce any items, you must bring them with you to court or to the deposition. You must continue to attend court until released by the court. You must continue to attend a deposition until the deposition is completed. BRIBING OR THREATENING A WITNESS It is a violation of State law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do any of these things concerning your involvement as a witness in a case, you should promptly report that to the district attorney or the presiding judge. WITNESS FEE A witness under subpoena and that appears in court to testify, is entitled to a small daily fee, and to travel expense reimbursement, if it is necessary to travel outside the county in order to testify. (The fee for an "expert witness' will be set by the presiding judge.) After you have been discharged as a witness, if you desire to collect the statutory fee, you should immediately contact the Clerk's office and certify to your attendance as a witness so that you wits be paid any amount due to you. AOC-G-100, Side Two, Rev. 10103 Copyright 2003 Administrative Office of the Courts File No. STATE OF NORTH CAROLINA 08 CVS 54 BEAUFORT COUfI>* In The General Court Of Justice y ❑ District Q Superior Court Division Cypress Commons, LLC Additional File Numbers VERSUS Henry Stilley, Jr., t/a Bud Stilley Properties SUBPOENA G.S. 1A-1, Rule 45 Party Requesting Subpoena NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be producedat your request, Ej state/Plaintiff ❑ Defendant but must be signed and issued by the office of the Clerk of Superior Court or by a magistrate orludge. Name Of Person Subpoenaed Alternate Address TO At Hodge, Division of Water Quality NC Department of Environment & Natural Resources 943 Washington Square Mall Washington, NC 27889 Telephone No. Telephone No. 252-946-9215 YOU ARE COMMANDED TO: (check all that apply) appear and testify, in the above entitled action, before the court at the place, date and time indicated below. [] appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below. ❑ produce and permit inspection and copying of the following items, at the place, date and time specified below. ❑ See attached list. (List here if space sufficient.) Name And Location Of CourvPlace of Deposition/Place to Produce Date To Appear/Produce Superior Court Room 218 December 17, 2009 Beaufort County Courthouse Time ToAppeadProduce 112 West Second Street Washington, NC 27889 10:00❑ AM ❑ PM Name And Address OfApplicant or Applicant's Attorney Date W. Walton Kitchin December 7, 2009 Colombo, Kitchin, Dunn, Ball & Porter, LLP Signature 1698 East Arlington Boulevard Greenville NC 27858 Telephone Number ❑ Deputy CSC Assistant CSC ❑ Clerk of Superior Court ❑ Superior Court Judge 252-321-2020 ❑ Magistrate 0 AttorneylDA ❑ District Court Judge s7jM': " RETURN OF SERVICE I certify this subpoena was received and served on the person subpoenaed as follows: By ❑ personal delivery. ❑ registered or certified mail, receipt requested and attached. ❑ telephone communication (For use only by the sheriff's office for witness subpoenaed to appear and testify.) ❑ I was unable to serve this subpoena. Service Fee ❑ paid Date Served Signature of Authorized Server Title $ ❑ Due NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in AOC-G-100, Rev. 10103 Copyright 2003 Administrative Office of the Courts (Please See Reverse Side) NOTE: Rule 45, North Carolina Rules of Civil Procedure, Parts (c) and (d). (c) Protection of Persons Subject to Subpoena (1) Avoid undue burden or expense. - A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena. The court shail enforce this subdivision and impose upon the party or attorney in violation of this requirement an appropriate sanction that may include compensating the person unduly burdened for lost earnings and for reasonable attorney's fees. (2) For production of public records or hospital medical records, - Where the subpoena commands any custodian of public records or any custodian of hospital medical records as defined in G.S. 8-44.1, to appear for the sole purpose of producing certain records in the custodian's custody, the custodian subpoenaed may, in lieu of personal appearance, tender to the court in which the action is pending by registered or certified mail or by personal delivery, on or before the time specified in the subpoena, certified copies of the records requested together with a copy of the subpoena and an affidavit by the custodian testifying that the copies are true and correct copies and that the records were made and kept in the regular course of business, or if no such records are in the custodian's custody, an affidavit to that effect. When the copies of records are personally delivered under this subdivision, a receipt shall he obtained from the person receiving the records. Any original or certified copy of records or an affidavit delivered according to the provisions of this subdivision, unless otherwise objectionable, shall he admissible In any action or proceeding without further certification or authentication. Copies of hospital medical records tendered under this subdivision shall not be open to inspection or copied by any person, except to the parties to the case or proceedings and their attorneys in depositions, until ordered published by the judge at the time of the hearing or trial. Nothing contained herein shall be construed to waive the physician -patient privilege or to require any privileged communication under law to be disclosed. (3) Written objection to subpoena. - Subject to subsection (d) of this rule, a person commanded to appear at a deposition or to produce and permit the inspection and copying of records may, within 10 days after service of the subpoena or before the time specified for compliance if the time is less than 10 days after service, serve upon the party or the attorney designated in the subpoena written objection to the subpoena, setting forth the specific grounds for the objection. The written objection shall comply with the requirements of Rule 11. Each of the following grounds may be sufficient for objecting to a subpoena; a. The subpoena fails to allow reasonable time for compliance. b. The subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies to the privilege or protection. c. The subpoena subjects a person to an undue burden, an objection has been made except pursuant to ar order of the court. If objection is made, the party serving the subpoena may, upon notice to the subpoenaed person, move at any time for an order to compel the subpoenaed person's appearance at the deposition or the production of the materials designated in the subpoena, The motion shall be filed in the court In the county In which the deposition or production of materials is to occur. (5) Motion to quash or modify subpoena. -A person commanded to appear at a trial, hearing, deposition, or to produce and permit the inspection and copying of records, books, papers, documents, or other tangible things, within 10 days after service of the subpoena or before the time specified for compliance if the time is iess than 10 days after service, may file a motion to quash or modify the subpoena. The court shah quash or modify the subpoena if the subpoenaed person demonstrates the existence of any of the reasons set forth in subdivision (3) of this subsection. The motion shall be filed in the court in the county in which the trial, hearing, deposition, or production of materials is to occur. (6) Order to compel; expenses to comply with subpoena. - When a court enters an order compelling a deposition or the production of records, books, papers, documents, or other tangible things, the order shall protect any person who is not a party or an agent of a party from significant expense resulting from complying with the subpoena. The court may order that the person to whom the subpoena is addressed will be reasonably compensated for the cost of producing the records, books, papers, documents, or tangible things specified in the subpoena. (7) Trade secrets confidential information. - When a subpoena requires disclosure of a trade secret or other confidential research, development, or commercial information, a court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or when the party on whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot Otherwise be met without undue hardship, the court may order a person to make an appearance or produce the materials only an specified conditions slated in the order. (8) Order to quash; expenses. - When a court enters an order quashing or modifying the subpoena, the court may order the party on whose behalf the subpoena is issued to pay all or part of the subpoenaed person's reasonable expenses including attorney's fees, (d) Duties in Responding To Subpoena (1) Form of response. - A person responding to a subpoena 10 produce documents shall produce them as they are kept in the usual course of business or shall organize and label the documents to correspond with the categories in the request. d, The subpoena is otherwise unreasonable or oppressive. (2) Specificity of objection. - When information subject to a subpoena is e. The Subpoena is procedurally defective. withheld on the objection that it is subject to protection as trial preparation materials, or that it is otherwise privileged, the objection shah be made with (4) Order of court required to override objection. - If objection is made specificity and shall be supported by a description of the nature of the under subdivision (3) of this subsection, the party serving the subpoena communications, records, books, papers, documents, or other tangible shall not be entitled to compel the subpoenaed person's appearance at a things not produced, sufficient for the requesting party to contest the deposition or to inspect and copy materials to which objection. em s. r_ ._ f: .. s, INFORMATION FOR WITNESS -. ."n . c*.:v 0 � a �_.+-:;ai.,., .. �+a� ;� 'I NOTE: if you have any questions about being subpoenaed as a witness, you should contact the person named on the other side of this Subpoena in the box labeled "Name and Address Of Applicant or Applicant's Attorney". DUTIES OF A WITNESS • Unless otherwise directed by the presiding judge, you must answer all questions asked when you are on the stand giving testimony. • In answering questions, speak clearly and loudly enough to be heard. ID Your answers to questions must be truthful. If you are commanded to produce any items, you must bring them with you to court or to the deposition. • You must continue to attend court until released by the court. You must continue to attend a deposition until the deposition is completed. BRIBING OR THREATENING A WITNESS It is a violation of State law for anyone to attempt to bribe, threaten, harass, or intimidate a witness. If anyone attempts to do any of these things concerning your involvement as a witness in a case, you should promptly report that to the district attorney or the presiding judge. WITNESS FEE A witness under subpoena and that appears in court to testify, is entitled to a small daily fee, and to travel expense reimbursement, if it is necessary to travel outside the county in order to testify. (The fee for an "expert witness" will.be set by the presiding judge.) After you have been discharged as a witness, if you desires to collect the statutory fee, you should immediately contact the Clerk's office and cartify to your attendance as a witness so that you will be paid any amount due to you. AOC-G-100, Side Two, Rev, 10103 Copyright 2003 Administrative Office of the Courts Stephen C. Atkins, Sr, Cypress Commons, LLC 1910 Carolina Ave. Washington, NC 27889 North Carolina Division of Water Quality Attention: Mr. Al Hodge, Regional Supervisor 943 Washington Square Mall Washington, NC 27889 Re: Stormwater Project SW060212 Cypress Commons, Beaufort County Dear Mr. Hodge: OCT 3 0 2006 Thank you for the opportunity to respond to your October 16, 2006 letter regarding the violation of the Stormwater Permit application. I was totally unaware that this situation had become a serious violation. As a laymen, I have hired professional consultants, architects and contractors to cooperatively handle this project. I was aware of each of the letters that you had attached. and upon receiving each of these, I would call both my contractor, Lucien Vaughn with Tarheel Associates in New Bern, and my engineering consultant, Rivers and Associates from Greenville, North Carolina. Both of these assured me that the situation was being handled properly, and that I had nothing to worry about. When your letter came on the 19`" of this month, I realized that I had not been properly advised by my consultants, and called Rivers and Associates to discuss the matter. Then I called you, and you informed me of the seriousness of the violation. I immediately got in touch with the contractor and ordered him to stop work. I also called B. E. Singleton and Sons, who are doing the site work, and ordered them to stop. And, as you probably know, Rivers and Associates immediately contacted Bill Moore to find out what could be done to rectify the situation. I deeply apologize for the gravity of the error, and I can assure you that measures are being taken to make it right. I humbly request that you consider this in your decision concerning the penalty, and stand ready to offer any help that I can. As far as I know, Lynn Hardison is making arrangements to see if this qualifies for the Fast Track program, and if it does.. I will be happy to pay the fee necessary to get that underway. Please feel free to contact me regarding this matter at my office (252) 975-0777, or my cell phone (252) 714-6555. Sincerel ., Steve Atkins, Member/Manager Cypress Commons, LLC FROM :WATERFRONT PROFESStQN1=rt_S FA:/ kO. :12529404777 Oct. 27 2006 02:24PM P2 North C.'arolina Division nf' W .Attention: Mr. Al Hodge, Rc� 943 Washington ,Square Mali Washington, NC 27R89 Re: Stortmynter PrOjLct SWU Cypress Cotnnions_ Beau Tear Mr. Hedge: Stephen C. Atkins, Sr. f.;ppre-cs! Gommans, LLC 1910 Carolina A ve. Washington, NC 27889 to Quality :mal Supervivor 1l County Thank you for the Opportunity to respond to your October 16, 2006 letter regarding than violation ofthe Storm,water Permit applicatior . i ,vafi totally unaware that this �ituation had become a serious violation_ As a laymen. T have hired professional consultants, architects and contractors to cooperatively handle this project. I was aware of each of the lett4rs that you had attached, and upon receiving each of these. I would call bath my.contractor, Lucien Va ghn with Tarheel Associates in New Bern, arid my engineering consultant. Rivers and Associates from Greenville, North Carolina. Both of these assured me that the situation was being handles:[ pr perly, and that i had nothing to NvOrry about.. When your letter cattle on the 19`h of this month, I realized that I had not been properly advised by my consultants, and called Rivers nd Aswerciates to discuss the matter. "then I called you. and you informed me of the seriousness of the vi lation. [ immediately got in touch with the contractor and ordered him to wt(T work. i also called B_ E. in I ton and Sons, who are doing the site +Aork, and ordered them to stop. And. as you probably know, R verc and .associates immediately contacted hill Moore to find out what could he done to rc> til} the sits tiou_ i deeply apologize f6r the gray y of the orror, and 1 ca:n assure )'uu that measure~ are being tahen. to rnake it right. I humbly request slut you cpr�-ider llu5 in your docision concerning the penalty. and stand ready to offer any help that I can. As far as I know, Lynn Hardison is making arrangements to sea if this qualities for the Fast Track program. and ii'it sloes, I will he happy to pay the fee necessan, to get that underway. Please feel free to contact the 714•6555. 5incrvrel ., C — Stcvc Atkins. Vlember,Manae.e Cypress Commons, T,LC this matter at my office (252) 97 -0777, or my cell phone (252) Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 16, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 0100 0000.8379 3648 Cypress Commons, LLC Mr. Stephen C. Atkins, Sr. 1910 Carolina Ave. Washington, NC 27889 Subject: NOTICE- OF VIOLATION 1 NOTICE OF RECOMMENDATION FOR ENFORCEMENT Stormwater Project SW060212 Cypress Commons Beaufort County Dear Mr. Atkins: This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering taking an enforcement action for a violation of 15 A North Carolina Administrative Code 2H .1000. This regulation states that a stormwater permit is required for any development activities in a Coastal County, which require a Sedimentation/Erosion Control Plan. A file review has' confirmed that this development has been issued an erosion and sediment control plan approval, is located in a coastal County, and is therefore required to have a State stormwater permit. - This office received your stormwater permit application for the proposed Cypress Commons project on March 2, 2006. Revised stormwater packages were submitted on May 8, 2006, and again, on July 20, 2006. Enclosed are copies of (3) letters requesting additional information dated April 12, 2006; July 12, 2006; and October 12, 2006. On October 16, 2006, Mr, Bill Moore of this office inspected the site and observed that the Cypress Commons project was under construction. The proposed 14,131 square foot commercial building was in place; including the concrete floor slab, exterior walls and roof. The proposed curb and gutter was constructed; the perimeter swales and the stormwater treatment basins were in place and rough graded; and the (3) outlet structures were constructed. These activities constitute "development activity" for which a stormwater permit has not yet been issued. Please be advised that this development activity without a valid permit is a violation of 15A NCAC 2H .1003 and may subject you to appropriate enforcement actions in accordance with North Carolina General Statute 143-215.6A which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who fails to secure a permit. Fiore hCarolina Naturally North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service lntemet: h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 An Equal OppertunitylAffirmatve Action Employer— 50% Recycled110% Post Consumer Paper Page 2 Cypress Commons, LLC Mr. Stephen C. Atkins, Sr. October 16, 2006 If you have an explanation for this violation that you wish to present, please respond to the Washington Regional Office within 10 days after receipt of this Notice. Your explanation will be reviewed and considered when making a determination whether to proceed with the enforcement action.. If you have any questions regarding this matter please call me at (252) 946-6481. incerely, Al Hodge, Regional Supervisor Surface Water Protection Washington Regional Office cc: Beaufort County Inspections Rivers & Associates, Inc. Danny Smith, Compliance & Enforcement, DWQ Central Files Washington Regional Office wa_RD Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 12, 2006 Cypress Commons, LLC Attn: Mr. Stephen C. Atkins, Sr. 1910 Carolina Ave. Washington, NC 27889 Subject: Stormwater Review SW7060212 Cypress Commons Beaufort County Dear Mr.Atkins: Alan W. Klimek, P.E. Director Division of Water Quality This office received a Coastal Stormwater permit application and plans for the subject project on March 2, 2006. Mr. Scott Anderson, with Rivers & Associates, provided a revised application package to our office on July 20, 2006. The following items must be addressed before av State Stormwater permit can be issued: 1) A vegetation plan must be provided for the extended detention basins. 2) All inlets and outlets must be evaluated for potential erosion; and, scour/rip-rap protection provided where needed. 3) Separation from Seasonal High Water Table must be supported by on -site soils investigation and soils report. 4) Revise details for outlet structures and orifice structures as per discussions with1he engineer. 5) Revise sormwater narrative, plans & details to reflect any. changes. The above requested information must be received in this office prior to November 13;2006, or your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to this office at the Letterhead address. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day. If you have questions, please feel free to contact me at (252) 948-3919. Sincere�ly William J. Moore - Environmental Engineer Washington Regional Office cc: Rivers & Associates Beaufort County Planning/Inspections Washington Regional Office N:ne 0, Caro Xturth North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service Intemet: h2o.enr.state.mus 943 Washington Square Mali, Washington, NC 27889 1.877-623-6748 F CERTIFIEDMffm RECEIPT -0 (Domestic Mail Only; No Insurance Coverage Provided) For delivery Inlormalion visit our website at www.usips.corna cr r-F OFFICIAL USE cD Postage $ C p Certified Fee t=1 Pospnarlc* \ p Retum Receipt Fee f (Endorsement Required) Here �! 0 Restricted Delivery Fee C3 -(Endorsement Required) j o Q T018J PpArann & Fans m C3gent o CYPRESS COMMONS, LLC rL �; MT. STEPHEN C. ATKINS, SR -POB 1910 CAROLINA AVE c7'V'8E WASHINGTON NC 27889 i �{f i w A r�R Michael F. Easley, Governor William G. Ross Jr., Secretary j r North Carolina Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director Division of Water Quality July 12, 2006 Cypress Commons, LLC Attm Mr. Stephen C, Atkins, Sr. 1910 Carolina Ave, Washington, NC 27889 Subject: Stormwater Review SW7060212 Cypress Commons Beaufort County Dear Mr.Atkins: This office received a Coastal Stormwater permit application and plans for the subject project on March 2, 2006. After reviewing your application, I requested (3) items of additional information by -letter dated April 12, 2006 (copy attached). Mr. Scott Anderson, with Rivers & Associates, provided a revised application package to our office on May 8, 2006. The following items must be addressed before a State Stormwater permit can be issued: 1) The Extended Dry Detention Basin supplement sheets must be completed; see No. II, Required Items Checklist. 2) All runoff should be directed through a minimum 100 If grassed swale; then to one of the Detention Basins. 3) Separation from Seasonal High Water Table must be supported by on -site soils investigation and soils report. 4) Drainage Basins must be shown on site plan -as described in stormwater narrative. 5) Revise outlet structure detail & provide small diameter orifice calculations. 6) Revise stormwater narrative, plans & details to reflect any changes. The above requested information must be received in this office prior to August 14, 2006, or your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to this office at the Letterhead address. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day. If you have questions, please feel free to contact me at (252) 948-3919. Sincere y, 'r William J. Moore Environmental Engineer Washington Regional Office cc: Rivers & Associates Beaufort County Planning/lnspections Washington Regional Office NonehCai AQt in North Carolina Division of Water Quality Washington Regional Office Phone (252) 946.6481 FAX (252) 946-9213 Customer Service Internet. h2o.encstate.nc.us 943 Washington Square Mail, Wushington, NC 27889 1.877-623-6748 An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper OF W A rF9 Michael F. Easley, Govemor !kL—RO `O[� QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P.E. Director Division of Water Quality April 12, 2006 Cypress Commons, LLC Attn: Mr. Stephen C. Atkins, Sr. 1910 Carolina Ave. Washington, NC 27889 Subject: Stormwater Review SW7060212 Cypress Commons Beaufort County Dear Mr.Atkins; This office received a Coastal Stormwater permit application and plans for the subject project on :---March 2, 2006. A -preliminary review of your project has been completed. Before a -State Stormwater _.. permit can be issued the following items must be addressed: 1) submit Extended Dry Detention Basins supplement sheet for each basin; include all supporting calculations, explanations & plan details. 2) provide plan details, calculations & supporting information for all swales as per NCDENR Stormwater BMP'manual (see Design Requirements, Chapter 5). 3) revise stormwater narrative, plans & details to reflect any changes. The above requested information must be received in _this office prior to May...12,, 2006,-*.orh•your, ;. application will be returned as incomplete. The return of this project will necessitate -resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to this office at the Letterhead address.- _ You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day. _ If you have questions, please feel free to contact me at (252) 948-3919. Siince�rely, William J, Moor Environmental Engineer Washington Regional Office cc: Rivers & Associates Beaufort County Planning/Inspections Avashington Regional Office : Np1 Caro Naturav North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946.9215 Customer Service Internet: h2o.enr.state.nc.us 943 Washington Square.Mall, Washington, NC 27889 1.877-623-6748 An Equal Opportunit IAf6rmaNe Action Employer— 50% Recycled110% Post Consumer Paper c�c ; t Michael F. Easley, Governorq William 0. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 16, 2006 CERTIFIED MAIL RETURN RECEIPT RE UESTED 7006 0100 0000 8379 3648 Cypress Commons, t-I-C Mr. Stephen C. Atkins, Sr. 1910 Carolina Ave. Washington, NC 27889 Subject: NOTICE- OF VIOLATION I NOTICE OF RECOMMENDATION FOR ENFORCEMENT Stormwater Project SW060212 Cypress Commons Beaufort County Dear Mr. Atkins: This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering taking an enforcement action for a violation of 15 A North Carolina Administrative Code 2H .1000. This regulation states that a-stormwater permit is required for any development activities in a Coastal County, which require a Sedimentation/Erosion Control Plan. A file review has confirmed that this development has been issued an erosion and sediment control plan approval, is located in a coastal County, and is therefore required to have a State stormwater permit. This office received your stormwater permit application for the proposed Cypress Commons project on March 2, 2006. Revised stormwater packages were submitted on May 8, 2006, and again, on July 20, 2006. Enclosed are copies of (3) letters requesting additional information dated April 12, 2006; July 12, 2006; and October 12, 2006. On October 16, 2006, Mr. Bill Moore of this office inspected the site and observed that the Cypress Commons project was under construction, The proposed 14,131 square foot commercial building was in place; including the concrete floor slab, exterior walls and roof. The proposed curb and gutter was constructed; the perimeter swales and the stormwater treatment basins were in place and rough graded; and the (3) outlet structures were constructed. These activities constitute "development activity" for which a stormwater permit has not yet been issued. Please be advised that this development activity without a valid permit is a violation of 15A NCAC 2H .1003 and may subject you to appropriate enforcement actions in accordance with North Carolina General Statute 143-215.6A which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who fails to secure a permit. No ` Carolina J1vaturallrf North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6491 FAX (252) 946-9215 Customer Service Internet: h2o.enr,state.nc.us 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 An Equal OpportunitylAfiirmative Action Employer— 50°% Recycled110°% Post Consumer Paper Page 2 Cypress Commons, LLC Mr. Stephen C. Atkins, Sr. October 16, 2006 If you have an explanation for this violation that you wish to present, please respond to the Washington Regional Office within 10 days after receipt of this Notice. Your explanation will be reviewed and considered when making a determination whether to proceed with the enforcement action.. If you have any questions regarding this matter please call me at (252) 946-6481. incerely, 5 Al Hodge, Regional Supervisor Surface Water Protection Washington Regional Office cc: Beaufort County Inspections Rivers & Associates, Inc. Danny Smith, Compliance & Enforcement, DWQ Central Files Washington Regional Office WATE 0 N� Cypress Commons, LLC Attn: Mr, Stephen C. Atkins, Sr. 1910 Carolina Ave. Washington, NC 27889 Dear Mr.Atkins: W0.-R0 Michael F, Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 12, 2006 Subject: Stormwater Review SV 7060212 Cypress Commons Beaufort County Alan W. Klimek, P.E. Director Division of Water Quality This office received a Coastal Stormwater permit application and plans for the subject project on March 2, 2006. Mr. Scott Anderson, with Rivers & Associates, provided a revised application package -to - our -office -on July 20, 2006. The following items must be addressed before a State Stormwater-permit . , ,-• can be issued: 1) A vegetation plan must be provided for the extended detention basins. 2) All inlets and outlets must be evaluated for potential erosion; and, scour/rip-rap protection provided where needed. 3) Separation from Seasonal High Water Table must be supported by on -site soils investigation and soils report. 4)--Revi5e details for outlet structures and orifice structures as per discussions with, the, engineer-r..-- - 5) Revise stormwater narrative,. plans & details.to reflect any -changes.,...;: The above requested information must be received in this office prior to November 13,:2006, or Your application will be returned as incomplete. The return of this project will necessitate resubmittal:of,alk_� -:;: required items including the application fee. If you need additional time to submit the required information; please mail or fax your request for time extension to this office at the Letterhead address. You should also be aware that the Stormwater Rules require that the permit be issued prio' to any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day. If you have questions, please feel free to contact me at (252) 948-3919. Sincerely William J. Moore Environmental Engineer Washington Regional Office cc: Rivers & Associates Beaufort County Planning/Inspections v4ashington Regional Office Noe cnro ;11 Mlrrtr North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service intemet: h2o.emstate.nc.us 943 Washington Square Mall, Washington, NC 27889 1-877.623-6748 . o�OF W A TERQ� Michael F. Easley, Governor wa:l;� Ct William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Cypress Commons, LLC Attn:. Mr. Stephen C. Atkins, Sr. 1910 Carolina Ave. Washington, NC 27889 Dear Mr.Atkins: July 12, 2006 Subject: Stormwater Review SW7060212 Cypress Commons Beaufort County Alan W. Klimek, RE. Director Division of Water Quality This office received a Coastal Stormwater permit application and plans for the subject project on March 2, 2006, After reviewing your application, I requested (3) items of additional information by letter dated April 12, 2006 (copy attached).. ,M(,,-Scott Anderson, -with Rivers„& Associates, provided a revised application package to our office on May 8, 2006. The following items must be addressed before 'a State Stormwater permit can be issued: 1) The Extended Dry Detention Basin supplement sheets must be completed; see No. II, Required Items Checklist, 2) All runoff should be directed through a minimum 100 If grassed swale; then to one of the Detention Basins, 3) Separation from Seasonal High Water Table must be supported by on -site soils investigation and soils report, w„ ; 4) Drainage Basins must be shown on site -plan as described in stormwater narrative., 5) Revise outlet structure detail & provide small diameter orifice calculations. 6) Revise stormwater narrative, plans & details to reflect any changes. The above requested information must be received in this office prior to August 14, 2006, ar your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to this office at the Letterhead address. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC 21-1.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day. If you have questions, please feel free to contact me at (252) 948-3919. Sincere y, William J. Moore Environmental Engineer Washington Regional Office cc: - Rivers & Associates Beaufort County Planninglinspections Washington Regional Office On No thCal �Qflll i Korth Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9213 Customer Service Internet h2o.enr.state.nC.us 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 An Equal OpportunitylA{firmative Action Employer — 50% Recycledh 0% Post Consumer paper �F WArF9 Michael F. Easley, Governor William G. Ross Jr., Secretary �- North Carolina Department of Environment and Natural Resources 5 Q Alan W, Klimek, P.E. Director Division of Water Quality April 12, 2006 Cypress Commons, LLC Attn: Mr. Stephen C. Atkins, Sr. 1910 Carolina Ave. Washington, NC 27889 Subject: Stormwater Review SW7060212 Cypress Commons Beaufort County Dear Mr.Atkins: This office received a Coastal Stormwater permit application and plans for the subject project on March 2, 2006. A preliminary review of your project has been completed. Before a State Stormwater permit can be issued the following items must be addressed: 1) submit Extended Dry Detention Basins supplement sheet for each basin; include all supporting calculations, explanations & plan details. 2) provide plan details, calculations & supporting information for all swales as per NCDENR Stormwater BMP'manual (see Design Requirements, Chapter 5). 3) revise stormwater narrative, plans & details to reflect any changes. The above ,requested information must be received in this office prior to May 12, 2006, or your application 'will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to this office at the Letterhead address. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day. If you have questions, please feel free to contact me at (252) 948-3919. Sincerely, William J. Moor Environmental Engineer Washington Regional Office cc: Rivers & Associates Be�aufort County Planning/Inspections ,/washington Regional Office ?j:&` Caro Aaturw North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer service Internet: h2o.enr.state.nc.us 943 Washington Square Mafl, Washington, NC 27889 1-877-623.6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Cypress Commons, LLC County: Beaufort County Case Number: CV-2006-0021 Permit Number: SW7060212 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; Inadequately treated stormwater can potentially add pollution to the waters of the State. 2) The duration and gravity of the violation; Unknown, however the soil and erosion permit was issued April 13, 2006, 3) The effect on ground or surface water quantity or quality or on air quality; Potential to introduce pollutants to waters of the state. 4) The cost of rectifying the damage; Unknown. 5) The amount of money saved by noncompliance; Cost of delayed construction. 6) Whether the violation was committed willfully or intentionally; Willful and intentional has not been demonstrated. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and No previous violations located. S) The cost to the State of the enforcement pr edures. $ 165.95 Date Al Hodge Regional Supervisor Washington Regional Office REMISSION FACTORS () Whether one or more of the civil penalty assessments factors were wrongly applied to the detriment of the petitioner; O Whether the violator promptly abated continuing environmental damage resulting from the violation; O Whether the violation was inadvertent or a result of an accident; (} Whether the violator had been assessed civil penalties for any previous violations; and O Whether payment of the civil penalty will prevent payment for the remaining necessary remalial actions. Date Alan W. Klimek, P.E. hers &Associates,lnc. Since1918 July 18, 2006 Mr. William Moore NC Department of Environment, Health and Natural Resources Division of Land Resources - Land Quality Section 943 Washington Square Mall Washington, North Carolina 27889 Subject: Stormwater Review SW7060212 Cypress Commons Beaufort County, North Carolina Dear Mr. Moore: Engineers Planners Sttn-evors RE, JUL 2 0 2006 DWY-WARD Attached for your review are two copies of the construction plans and requested calculations for the subject project that have been revised in accordance with your comments. To assist in your review, I have summarized our revisions below: 1. The extended dry detention basin supplement sheets (SWU-109) have been included for the dry detention basins. Please note that ponds 2 and 3 are treated as one pond due to the equalization pipe. 2. The plan has been revised to force runoff through a minimum of 100 LF of grassed swale per your comment. 3. An on site soil investigation was performed and samples and a report are provided. 4. The drainage area map has been corrected. 5. The small diameter orifice calculations have been tabbed which show the pond being drained in the required 2-5 day drawdown period. 6. Revised Stormwater Narrative, plans and calculations per your comments and revisions made. Thank you for your assistance with this project. Do not hesitate to call if you have any questions or need any additional information. With best regards, Rivers and Associates, Inc. i Scott T. Anderson, P.E. Project Engineer STA/jsf cc: Mr. Lucien Vaughn, Tarheel Associates, Inc. 107 East Second Street, Greenville. NC 27858 • Post (Ace Box 929 • Greenville. NC 27835 • (252) 752-4135 • FAX (252) 752-3974 F-mail: rivers@rivcrsandassociates.cum �F \NA7,F Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Q -t Alan W. Klimek, P.E. Director Division of Water Quality July 12, 2006 Ont NorthCai 'Alatlin Cypress Commons, LLC Attn: Mr. Stephen C. Atkins, Sr. 1910 Carolina Ave. Washington, NC 27889 Subject: Stormwater Review SW7060212 Cypress Commons Beaufort County Dear Mr.Atkins: This office received a Coastal Stormwater permit application and plans for the subject project on March 2, 2006. After reviewing your application, I requested (3) items of additional information by letter dated April 12, 2006 (copy attached), Mr. Scott Anderson, with Rivers & Associates, provided a revised application package to our office on May 8, 2006. The following items must be addressed before a State Stormwater permit can be issued: 1) The Extended Dry Detention Basin supplement sheets must be completed; see No. II, Required Items Checklist, 2) All runoff should be directed through a minimum 100 If grassed swale; then to one of the Detention Basins, 3) Separation from Seasonal High Water Table must be supported by on -site soils investigation and soils report. 4) Drainage Basins must be shown on site plan as described in stormwater narrative. 5) Revise outlet structure detail & provide small diameter orifice calculations. 6) Revise stormwater narrative, plans & details to reflect any changes. The above requested information must be received in this office prior to August 14, 2006, or your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to this office at the Letterhead address. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1- and may result in Evil penalties of up to $10,000 per day. If you have questions, please feel free to contact me at (252) 948-3919. Sincere y, f! William J. Moore Environmental Engineer Washington Regional Office cc: Rivers & Associates Beaufort County Pianning/laspections Washington Regional Office North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-648 t FAX (252) 946-9215 Customer Service Internet: h2o.enr,state,nc.us 943 Washington Square Mall, Washington. NC 27889 1-877-623-6748 An Equal Opportunity Affirmative Action Employer — 50% Recycled110% Post Consumer paper OF W A TF9 Michael F. Easley, Governor �0 QG William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 12, 2006 Cypress Commons, LLC Attn: Mr. Stephen C. Atkins, Sr. 1910 Carolina Ave. Washington, NC 27889 Subject: Stormwater Review SW7060212 Cypress Commons Beaufort County Dear Mr.Atkins: This office received a Coastal Stormwater permit application and plans for the subject project on March 2, 2006. A preliminary review of your project has been completed. Before a State Stormwater permit can be issued the following items must be addressed: 1) submit Extended Dry Detention Basins supplement sheet for each basin; include all supporting calculations, explanations & plan details. 2) provide plan details, calculations & supporting information for all swales as per NCDENR Stormwater BMP'manuai (see Design Requirements, Chapter 5). 3) revise stormwater narrative, plans & details to reflect any changes. The above requested information must be received in this office prior to May 12, 2006, or your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to this office at the Letterhead address. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A.NCAC 21-1,1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day. If you have questions, please feel free to contact me at (252) 948-3919. Sincerer, William J. Moor Environmental Engineer Washington Regional Office cc: Rivers & Associates ]Beaufort County Planning/Inspections ,/washington Regional Office No Caro 1113aturw North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service Internet: h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27889 1.877-623-6748 An Equal OpportunityWfirmative Action Employer— 50% Recycledli 0% Post Consumer Paper D 8 #- -I- P3 #3. • � S� sr c �� � o • 3 S 1. 76 5�e .s- c 'r / 082— l2 q q vr, Coca 0, u7— • Ilivers Engineers Planners & Associates,lnc. Surveyors Since1918 February 15, 2006 Ms. Amy Franklin SELFEE WED NC Department of Environment, Health and Natural Resources Division of Water Quality ���`R 0 L�`� 943 Washington Square Mall Washington, North Carolina 27889 DWQ-WARD Subject: Cypress Commons Beaufort County, North Carolina Dear Ms. Franklin: Attached are construction documents for the proposed construction a commercial site in Chocowinity, North Carolina. This project will consist of the construction of one office/retail buildings totaling 14,131 Sq. Ft., associated asphalt parking and BMP areas to handle storm water runoff. Enclosed for your review are the following: 1. Two copies of the Construction Plans 2. Two copies of the Stormwater Narrative 3. Financial Responsibility I Ownership Form 4. Submittal Fee ($420.00). Thank you for your assistance with this project. Do not hesitate to call if you have any questions or need any additional information. With best regards, Rivers and Associates, Inc. Scott T. Anderson, P.E. Project Engineer Enclosures cc: Mr. Lucien Vaughn, Tarheel Associates, Inc. 107 Fast Second Street. Greenville. NC 27858 • Post. Office Box 929 • Greenville. NC 27835 • (2i2) 752-4135 • FAX (252) 752-3974 G-nuiil: rivers@riversnndassociates.eom a 5 r-c.p ree-v ,JL(1'P6 I. DFFICE.U5EONLY Date Received Fee Paid Permit Number D\fiJQ -\JVAR0 State:of.North Carolina st�l�KK 3�3�Q,!p Department,of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT AP..PLICATIONFORM Thls form maybephotocopiedfor use as an'original GENERAU INFORMATION 1. Applicants name (specify the, name of the.corporation, individual, etc. who owns; the project); Cypress Commons, LLC 2. Print Owner/Signing Official's namvand title (person -legally responsible for facility and compliance):: Stephen C: Atkins..Sr. 3. Mailing Address -for person.Iisted.in.item 2 above' 1910 Carolina Ave: City: Washington State: NC Zip, 27889 Telephone Number: ( 252 ) 975-OM 4. Project Nai-he'(subdivision;:facility, cr.eAablisliiiient name - should be consistent with project-hame ofrplans; specifications, letters, operation.and maintenance..agreements, etc•): Cypress Commons 5'. Location.of Projecf.(street address): Old Blounts Creek Road: City: Chocowinity County: Beaufort 6• Directior?s to pa dject (from -nearest majdr intersection); From'intersection of Old Blounts Crook Road -(SR 1123) and NC HWY 33'.trim eastbound onto Old Blounts Creek Road. Site is approximatey 1 Mlle on left. 7. Latitude:35.48703 Longitude. "77: 05927 of project 8. Contact person who can answer questions about the:project: Name: Scott T. Anderson, PE Telephone Number: CT 11. PERMIT INFORMATION: 1. Specify whether project is (check one): 0 New ❑ Renewal 752-4135 _Modification Form SWU-101 Version 3.99 Page 1 of 4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): ❑ Low Density ✓❑ High Density ❑ Redevelop ❑ General Permit ❑ Other 4. Additional Project Requirements (check applicable blanks): DCAMA Major OSedimentation/Erosion Control 0404/401 Permit EDiPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. , III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Stormwater will be conveyed etflo and swales to PrDposed dry detention basins where it will be held for 2 days before being discharged into roadside swales. 2. Stormwater runoff from this project drains to the Tar -Pamlico River basin. 3, Total Project Area: 1.72 acres 4. Project Built Upon Area; 71.2 % 5. How many drainage areas does the project have? 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basid' Iriformati'on! ,w'", ;' e:a4r.-[,��.':�'r•{ :_n�i i, 1. .�I �, �� li'i' td';' i 1'# Drainage,Area 1'"11�1'rf', i� I all E�i 6{., } r, �. s.i� �..��� �y'3 rll�ln:1 I Drai'riage Areas # ' ii.{I Receiving Stream Name Sidney Creek Receiving Stream Class SC, NSW Drainage Area 1.72 Ac Existing Impervious* Area 0 Proposed Impervious*Area 1.223 % Impervious* Area (total) Impervious: rSurfacefAi ea �;;=:ry- . .. '� ... .� } 7 .w- e- €° q�' 1 ,,1I�3'Draxriage�Areall�x sF ;,_<( .I*' •<iY�R YYIF:1 ...,{'44'.,, i' :.� i Il I1kTY.}+t n Ir. 9 i 9 1 - �s,i� Drainage Area 2 ��!'s1 li . �.. P�I�i1'. �'A­t_..-F� On -site Buildings •299 On -site Streets .490 On -site Parking .380 On -site Sidewalks .054 Other on -site 0 Off -site 0 Total: 1.223 Total: * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of . 4 . 7. How was the off -site impervious area listed above derived? Aerial Photography IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisionsrqutparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each loGntlmber, size and the allowable built -upon area for each lot must be provided as an attachment. !. The followlri,• Covenants are intended to ensure ongoing compliance with state stormwater management permit number �'' ` as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. Z. No more than square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings, 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3,99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items Iisted below. The complete application package should be submitted to the appropriate DWQ Regional Office. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Rivers and Associates Mailing Address: PO BOX 929 City: Greenville State: NC Zip: 27858 Phone: ( 252 ) 752.4135 Fax: {252 j 752,3974 VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000. it e a I Signature Date: 2 I 1/OLD Form SWU-101 Version 3.99 Page of S I� BESTWATERFRONT.COM INC 6s i,z sa, 1670 PH, NANTICOKE 1r f 107 NANTICOKE CT. o CHOCOWINITY. NC 27817 hTa The \ � The Order Of - (%oG V iti LXd�c Ira DollarsSTEPH ! BRANCH BANKING AND TRUST COMPANY MAUREV C. ATKINS AiJREEN I. ATKINS WILLIANISTON, NORTH CAROLJNA NP 1: FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate a land -disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, NC Department of Environment, and Natural Resourcesa(Pleaset type or print and, if question is not applicable, place NIA in the blank). MAR 0 2 2006 Part A. gyp, 1. Project Name Cypress Commons DWO-WARD 7 3. 4. 5. 6. 7. 10 Part B. Location of land -disturbing activity: County _ Beaufort County City or Township Washington , and Highway/Street SR 1123 Old Blounts Creek Road Approximate date land -disturbing activity will be commenced: March 2006 Purpose of development (residential, commercial, industrial, etc.): Commercial Total acreage disturbed or uncovered (including off -site borrow and waste areas): Amount of fee enclosed Has an erosion and sedimentation control plan been filed? Yes X No Enclosed Person to contact should sediment control issues arise during land -disturbing activity. Name Scott T. Anderson, PE —Telephone 252 752-4135 Landowner(s) of Record (Use blank page to list additional owners): Cvnress Commons. LLC Name(s) 1910 Carolina Ave. Current Mailing Address Washington NC 27889 City State Zip Current Street Address City State Zip Recorded in Deed Book No. 1465 Page No. 587 Person(s) or firm(s) who are financially responsible for this land -disturbing activity (Use a blank page to list additional persons or firms): Cypress Commons, LLC Name of Person(s) or Firms(s) 1910 Carolina Ave. Current Mailing Address Washington NC 27858 City State Zip Current Street Address City State Zip _(252) 975-0777 Telephone Telephone /' 2. (a) If the Financially Responsible Party is not a resident of North Carolina give name and street address of a North Carolina Agent. Name Mailing Address City State Zip Telephone Street Address City State Zip Telephone (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed"name, attach a copy of the certificate of assumed name. If the Financially Responsible Party is a Corporation give name and street address of the Registered Agent. Stephen C. Atkins, Sr Name of Registered Agent 1910 Carolina Ave._ Mailing Address Street Address Washington NC 27889 City State Zip City State Zip 252 975-0777 Telephone Telephone The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. (This form must be signed by the financially responsible person if an individual or his attorney -in -fact or if not an individual by an officer, director, partner, or registered agent with authority to execute instruments for the financially responsible person). I agree to provide corrected information should there be any change in the information provided herein. Ste hen C. Atkins Sr Type or print name Signature Managing Partner Title or Authority Date ,21 r o�0 a Notary Public of the County of State of North Carolina, hereby certify that f±—e4n Lr• 4AW<,STI--- appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Wifies "r � jial seal, this ay of 20 Seal = �:' Notary �� h My commission expires lAY zo/y� fil96-5pG598 MAR 0 2 2006 DWQ-WARD JENNIFER LEGGETT WHITEHURST BEAUFORT COUNTY REGISTER OF DEEDS COURTHOUSE BUILDING 112 W. 2ND STREET WASHINGTON, NC 27889 #####R##kMRk#####*AkN#AkR###k#kNlRk#RNARNlN#Rk*kk*k#kkR#Rkkk*w##k#N•N1N##R##R##RA*RRwN##Rk*R#}R*#*}#A#**ltRttwRtt*}ii};i Filed For Registration: 0711512005 04.04:08 PM Book: RE 1465 Page: 587-590 Document No.: 2005005637 DEED 4 PGS $20.00 NC REAL ESTATE EXCISE TAX: $290.00 Recorder: BARBARA TAYLOR *;##!it#iRk#Rt;ttRRRRR*AA#Rit;tR}R#R}!!ki}!}#tf#!!#kRRt!!!}t!A#ik#ik!!t}!#RlNR!!A}i!!i!!f!}*e!!!1t!*R1f*k!#!lNNNNNlNNNN* State of North Carolina, County of Beaufort The foregoing certificate of MARCIA MOORE Notary is certified to be correct. This 15TH of July 2005 JENNIFER LEGGETT WHITEHURST , REGISTER OF DEEDS By:L4'Qe—�JL DeputylAscfelarrf Register of Deeds *2005005637* 2005005637 executed in its name by its President, attested by its: Secretary, and its corporate seal to be hereto affixed, all by authority of its Board of Directors first duly given, this the day and year first above written. FIRST SOUTH BANK BY: a 1) President 4- . STATE OF NORTH CAROLINA COUNTY OF ^± I, 41 r 1 Wy*4.r , a Notary Public of the State and County aforesaid, certify that �; coo j12. G MA50A per- sonally appeared before me this day and acknowledged that he/she is L Secretary of FIRST SOUTH BANK, a North Carolina banking corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ' President, sealed with it.s corporate seal and attested by himself/herself as its _ Secretary. WITNESS my hand and official seal, this the day of J , 2 0 0 . yylA A40 eer,� i tkO•q NOTARY PUBLIC My Gommi • � t 4h Gam•. � 2 . .,,�' "',tote c O u� 1`01�, sxz`��5PC58.8 Land Surveyor, dated October 9, 1995, and identified by the following legend: "A Survey For Weyerhaeuser Real Estate Company Cypress Landing Subdivision Commercial Site." This map is of record in Plat Cabinet E, Slide 66-9, Beaufort County Registry and further reference is hereby made to said map for a more complete and accurate description of this property. TO HAVE AND TO HOLD the same, together with all and singular, the rights, ways, privileges and appurtenances thereto belonging or in anywise appertaining unto the said Grantee, its successors and assigns, in fee simple, subject, however to the following: 1. 2005 Beaufort County Ad Valorem taxes. 2. Such easements, rights -of -way and restrictions of record in the Beaufort County Registry. 3. Non --compliance with any local, county, state or federal governmental laws, ordinances or regulations relative to zoning, subdivision, occupancy, use, construction or the development of the subject property. 4. Mineral Reservations contained in that certain deed of record in Book 1033, Page 900, Beaufort County Registry. 5. Terms and conditions as stated on Exhibits C & D in that certain deed of record in Book 1033, Page 900, Beaufort County Registry. The Grantor covenants with the Grantee that it is seized in fee simple of the above described property and has good right and title to convey the same; that the same is free and clear of all liens and encumbrances, except those matters and things above set forth, and that, subject thereto, it will forever warrant and defend the title to the same against all lawful claims and demands. IN WITNESS WHEREOF, FIRST SOUTH BANK (successor in name change to Home Savings Bank, SSB and NewSouth Bank, SSB), a North Carolina banking corporation, has caused this instrument to be x1485Qc5-8:7 6EAl1FORT COUNTY LAND RECORDS LR - FORM001 # . r266450 ACCEPTED Land Records OffM4 Date STATE OF NORTH CAROLINA COUNTY OF BEAUFORT FOR REGi5TRRTE03� REGISTER OF DEEDS JENNiPe'R LEGGET7 WHITEHURST BEAUFORT COUNTY: NC 2005 JUL 15 04:04:08 PIS B0465 PG;587-590 FEE:$20,00 NC REVENUE STAMP V90.00 INSTRUMENT 4 2605005637 PREPARED BY and RETURN TO: RODMAN, HOLSCHER, FRANCISCO & PECK, P. A. Attorneys at Law 320 North Market Street Post Office Sox 1747 Washington, NC 27889 Telephone: (252) 946-3122 THIS DEED, made and entered into this the 0 � day � of d�, 2005, by FIRST SOUTH BANK (successor in name change to Home Savings Bank, SSB and NewSouth Bank, SSB), a North Carolina banking corporation, Grantor, to CYPRESS COMMONS, LLC, a North Carolina Limited Liability. Company, Grantee, whose address is: 1910 Carolina Avenue, Washington, NC 27889; W I T N E S S E T H: That the Grantor, in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable considerations to it paid by the Grantee, the receipt whereof is acknowledged, has given, granted, bargained, sold and does hereby convey unto the Grantee, in fee simple, that certain tract or parcel of land lying and being in Chocowinity Township, Beaufort County, North Carolina, more particularly described as follows: THAT CERTAIN tract or parcel of land containing 1.72 acres, more or less, identified by the word "COMMERCIAL" as the same is shown on that map prepared by David L. Janes, Jr., Registered NO TITLE EXAMINATION REQUESTED OR PERFORMED by RODMAN, HOLSCHER, FRANCISCO & PECK, P.A. ft- P, ivers Engineers Planners &Associates,lnc. Surveyors Since1918 May 03, 2006 Mr. William Moore NC Department of Environment, Health and Natural Resources Division of Land Resources - Land Quality Section 943 Washington Square Mall Washington, North Carolina 27889 Subject: Stormwater Review SW7060212 Cypress Commons Beaufort County, North Carolina Dear Mr. Moore: mEIVED MAY 0 d 2006 Attached for your review are two copies of the construction plans and requested calculations for the subject project that have been revised in accordance with your comments. Please be advised curb and gutter has been added to the site and the plans and calculations have been modified accordingly. To assist in your review, I have summarized our revisions below: 1. Added curb and gutter. 2. Completed Extended Dry Detention Basin supplement sheet for each pond. 3. Provided swale and flume calculations. 4. Revised Stormwater Narrative, plans and calculations per your comments and addition of curb and gutter. Thank you for your assistance with this project. Do not hesitate to call if you have any questions or need any additional information. With best regards, Rivers and Associates, Inc. Scott T. Anderson, P.E. Project Engineer STA/jsf Enclosures cc: Mr. Lucien Vaughn, Tarheel Associates, Inc. I07 Fast Second Street, Greenville. NC 27858 • Post Office Box 929 • Greenville. AC 27835 • (252) 752-4135 • FAX (252) 752-3974 1,-mail: rivers@riversandassociates.coin D 7 2 NCDENR 4,� �s North Carolina Department of Environment and Natural Resources Request for Express Permit Review FILL-IN all information below and CHECK required Permit(s). Fax or email this completed form along with a narrative and vicinity map of the project location to the appropriate One -Stop Coordinator. - Fayetteville or Raleigh Region -David tee 919-791-4203; davidleeancmail.net Winston Salem Region -Sonja Basinger 336-771-4633 or sonia.basinaer(@-ncmall.net • Mooresville & Asheville Region -Patrick Grogan 704-663-3772 or patrick.aroaan(a,ncmail.net • Washington Region -Lyn Hardison 252-946.9215 or lyn.hardisonAmcmall.net • Wilmington Region -Cameron Weaver 910-350.2004 or cameron.weaverOncmail.net Project application received after 12 noon will be stamped In the following work day. APPLICANT - Name Stephen C. Atkins, Sr. Company Cypress Commons, LLC Address 1910 Carolina Ave. City/State Washington, NC Zip 27889 Phone 252-734-1175 Fax Email PROJECT SYSTEM(S) TRIBUTARY TO CHOCOWINITY BAY SURFACE WATER CLASSIFICATION SC; NSW PROJECT NAME Cypress Commons County Beaufort PROJECT LOCATION (ADDRESS) Approx. 1 mile from intersection of Old Blounts Creek Road (SR1123) and NC 33 ENGINEER/CONSULTANT Scott T. Anderson, P.E. _ Company Rivers & Associates Address 107 East Second Street CitylState Greenville 1 NC Zip 27858 Phone 252-752-4135 Fax 252-752-3974 Email sand ersonC7dversandassociates.com State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required []Yes ® No ❑ STREAM ORIGIN Determination: of Stream calls; Stream Name ® STORMWATER ❑Low Density ® High Density -Detention Pond ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration WETLANDS MUST BE ADDRESSED BELOW ❑ High Density -Other ❑ Off Site ❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Manna Development ❑ Urban Waterfront ❑ LAND QUALITY ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed.(CK # (tor DENR use)) ❑ WETLANDS (401): Check all _that _apply Wetlands on Site ❑ Yes ❑ No 1 Isolated wetland on Property ❑ Yes ❑ No Wetlands Delineation has been completed: ❑ Yes ❑ No 1 Buffer Impacts: ❑ No ❑ YES; acre(s) US ACOE Approval of Delineation completed: ❑ Yes ❑ No 404 Application in Process wl US ACOE: ❑ Yes ❑ No 1 Permit Received from US ACOE ❑ Yes ❑ No 401 Application required: ❑Yes ❑ No If YES, ❑ Regular ❑ Express Perennial, Blue line stream, etc on site ❑ 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. ` -31 ( For DENR use only Fee Split for multiple permits: (Check # t) Total Fee Amount $ 4C0?') SUBMITTAL DATES Fee SUBMITTAL DATES Fee CAMA - — LQS SW HD; LD ';; 401: Stream Deter,_ CYPRESS COMMONS, LLC-71ev253� 1319 PH, 252-975-0777 107 WI NTCT SATE CH,OCQWIIVITY, NC NC 27817 PAY TO THE � 1 /s _ �}� :.:::. •.�••y.• . _ .7�` ORDER OF OLLARS o. L- Ernst &uth Bank ' . e- CHOCOWINITY,, INC 278 UBBIM MEMO L gyp -1: �oF w AT C-;g ,o C r Mr. Stephen C. Atkins, Sr Cyypress Commons, LLC I press -Carolina Ave. Washington, NC 27889 Dear Mr. Atkins: .O Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality December 6 2006 Member/Manager 49 2 cry Subject: Stormwater Permit No. SW7060212 Cypress Commons High Density Project Beaufort County The Washington Regional Office received a complete Stormwater Management Permit Application for Cypress Commons on November 14, 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 2H.1000. We are forwarding Permit No. SW7060212 dated December 6, 2006, for the construction of the subject project. This permit shall be effective from the date of issuance until December 6, 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 tog establish an,adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Scott Vinson, or me at (252) 946-6481. Sincerely, "'kJA Hodge Regional Supervisor Surface Water Protection Section AH/sav: C:ISTORMWATIPERMIT1SW7060212 cc: Scott Anderson, PE Beaufort County Building Inspections Washington Regional Office Central Files N one 6j Caro �turan North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service Internet: wwwncwazerquaIitv.otg 943 Washington Square Mail, Washington, NC 27889 1-877-623-6748 An Equal OpportuniiylAHirmMve Action Employer — 50% Recycled110% Post Consumer Paper State Stormwater Management Systems Permit No. SW7060212 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 Cypress Commons, LLC Cypress Commons Beaufort County FOR THE construction, operation and maintenance of grassed swales in conjunction with two extended_dry detention basins to be 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 December 6, 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 53,274 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 4. 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. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control systems. Page 2 of 7. State Stormwater Management Systems Permit No. SW7060212 6. The following design criteria have been provided in the two extended dry detention basins and must be maintained at design conditions: a. Site Area, acres: 1.71 Basin 1 Basin 213 b. Drainage Area to Basin, ac: 0.623 1.094 C. Total Impervious Surfaces, ft2: 18,525 34,753 d. Design Storm, inches: 1.00 1.00 e. Basin Depth, feet: 0.80. 1.05 f. Bottom Elevation, FMSL: 30.50 29.50 g. Bottom Surface Area, ft2: 1,159 1,175 h. Bypass Overflow Elevation, FMSL: 31.30 30.55 i. Permitted Storage Volume, ft3: 1,311 2,223 j. Receiving Stream/River Basin: Sidney Creek / Tar -Pamlico k. Stream Index Number:. 29 - 6 - 4 I. Classification of Water Body: "SC; NSW' II. SCHEDULE OF COMPLIANCE 1. 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. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions 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. Mowin.9 and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, infiltration media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to the bypass structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 3 of 7 .: State Stormwater Management Systems Permit No. SV 7060212 5. The facilities, shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, 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. A modification may be required for those deviations. 7. 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. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. 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 any item shown on the approved plans, including the stormwater'management measures, built -upon area, details, etc. b. Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease 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. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. 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. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. This Permit shall he effective from the date of issuance until December 6, 2016. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Page 4 of 7 State Stormwater Management Systems Permit No. SW7060212 III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the 6th day of December, 2006, NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Division of Water Quality By Authority of the Environmental Management Commission Permit No. SW7060212 Page 5 of 7 State Stormwater Management Systems Permit No. SW7060212 Cypress Commons Stormwater Permit No. SW7060212 Beaufort County Designer's Certification the State of North Carolina, having time) the construction of the project (Project) as a duly registered been authorized to observe (periodically/ weekly/ full 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 is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL In Page 6 of 7 State Stormwater Management Systems ' Permit No. SV 7060212 Certification Requirements: 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 bypass structure weir elevation is per the approved plan. 6. The bypass structure is located per the approved plans. 7. A Trash Rack is provided on the 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. All required design depths are provided. 13. All required parts of the system are provided. 14. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Washington Regional Office Beaufort County Building Inspections Page 7 of 7 File Tasks Queries Administration Help i? Find En Payment Remission Petition Collection Settlement Related Cases Comments r Events summary rRelated Violations r Penalty Assessed Review Case Number: CV-2006-0021 NOV: Permit: Details.. SOC: AD: DelaiEs..- Monitoring Report: Details... Facility; Cypress Commons Detaits... Region: Washington County: Beaufort Owner: Cypress CommonsLLC Details... Incident: 20060031 Details... InspectDt: ljetails... *EventType Event Date Due Date Comment Penalty assessment approved 11129f2006 Penalty letter sent 11f29f2006 Facility received penalty letter 12/01/2006 Received response to penalty letter 12f27f2006 12/31/2006 Payment received 12/2712006 12/31/2006 Remission request received Petition filed at OAH Enforcement Case closed 12/270006 —1 F s Back Next > OK Close vents found. Ready Page lf1 SID:ENET I, Inbox MicrosaFt Outlook Basinwide lnFormatio... r 1 « C� eV 9:21 AM ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the Card to you. ■ Attach this card to the back of the mallplece, or on the front if space permits. Article Addressed to: CYPRESS COMMONS, LLC MT. STEPHEN C. ATKINS, SR 1910 CAROLINA AVE WASHINGTON NC 27889 A. Signature ham] r r ❑ Agent �J�lkJl, ❑Addressee B. Rk{elved by (Printed Name) C. Date of Pellyery l� D. Is delivery address different from Item ❑ Y If YES, enter delivery address below: ❑ No 3. Service Type Certified Mall I ❑ Registered l ❑ Insured Mall ❑ Express Mail 17 Return Recelpt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Fxire Fee) ❑ Yes 2' Art, , ' i ;`7006:410© 000.0 `8379 3L48 �, PS Form 3811. February 2004 Domestic Return Receipt 102595-02-rn-1540 UNITED STATES POSTAL"SERVICE 71, • Sender: Please print your name, addres-; 6HIF i � 151 ' N. C. Department of Environment & Natural Resources Washington Regional Office DWQ/Surface Water Protection 943 Washington Square Mall Washington North Carolina 27889 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: CYPRESS COMMONS, LLC ATTN: STEPHEN ATKINS. SR 1910 CAROLINA AVE WASHINGTON NC 27889 Aa!LB Sit 13 Agent Addressee 9. R ved by (Pdnfed Name) I C. Date of Delivgry D. Is delivery address different from fterrPi? ❑ Yel If YES, enter delivery address below. ❑ No 1 3, S_er%viJ�� Type C$�er ed Mall ❑ Registered ' ❑ Insured Mail ❑ Express Mail ❑ Return Recelpt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Exba Fee) ❑ Yes z. (Transfer — 700L nZ©a 00oo 8377 3631 rrrmnsr�� �' PS Form 3811, February 2004 Domestic Return Receipt 102585-02-M-154a w7M UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and N. C. Department of Environment & Natural Resources Washington Regional Office DWQ/Surface Water Protection 943 Washington Square Mall Washington North Carolina 27889 Fi Mail Posta e$ Fees Paid r.� USPS 10 o errnit 10