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HomeMy WebLinkAboutSW7070910_HISTORICAL FILE_20170825STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW_707MlU DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE�� YYYYM M D D r PARR ®UNTE 5 E Ni G I N E E R 1 N G, 1 N 1 2 2 C I N E M A D R I V E 1rr, W I L M I N G T O N, N C 2 8 4 0 3 9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 ( F) I. F T T F o n c 4oi NCDEQ Date A L 8/24/17 Washington Regional Office 943 Washington Street Re: Verdant — Carolina Colours Washington, NC 27889 SW Permit Carl Dunn 1� Pro'ect'No. 17136.PE e1re sendiiii ® Originals ® Prints ❑ Shop Drawings ® Calculations helfollowiii'',itemsi ❑ Correspondence ® Plans ❑ Specifications ® Other as listed below zriwanti y-, :. ` .:.Date D_ wg.-No. Description 2 24" x 36" Design Documents 1 Design Narrative with Secretary of State/ Deed Information 1 SWU (Original and Copy) 1 SWU 401 (Original and Copy) I O&bl Agreement 1 $2000 check for Low Density & 52000 check for modification Issue'Stiius: ® For Approval ❑ As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks ciion Tiker: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit ❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other Remarks: Tim Clinkscales, PE, PLS PARAMOUNTE E N G I N E E R 1 N G. I N r :. 1 2 2 CINEMA DRIVE W I L M I N G T O N, N C 2 8 4 0 3 9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 ( F) L E T T E R O F T R A N S M I T T A L To: NCDEQ -I- Date 1 8/29/17 943 Washington Street Washington, NC 27889 Re: Verdant — Carolina Colours Attn: Carl Dunn, PE Project No. t7t36.PE e are sendin ® Originals ® Prints ❑ Shop Drawings ® Calculations ❑ Correspondence ® Plans ❑ Specifications ® Other as listed below he following iterns:1 Quantity Date Dwg. No. Description 3 24"x 36" Design Documents 1 Impervious Coverage for Bayberry Issue S[a[us: ® For Approval ❑ As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks edon Taken: ❑ No Exceptions Taken ❑ Mike Corrections Noted ❑ Amend & Resubmit ❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other Remarks: Tim Clinkscales, PE, PLS �Po �aPO MR North Carolina Department of Environment and Natural Resources Division of Water Quality BeverlyEaves Perdue Coleen H. Sullins 1' k. , t 3 b C r„Dee Freeman Governor birector Secretary Mr. Kenneth I. Peregoy, May 14, 2009 Managing Memberh AUG 2 5 2017 E .156S jAa�.L Carolina Creek, LLC 503 W. Thurman Rd. �"\1�<<� 2r\n1 New Bern, NC28562 Subject: Stormwater Permit No. SW7070910 Modification Carolina Colours Bayberry Park, Ph 1 & 2 High Density Project Dear Mr. Peregoy: Craven County The Washington Regional Office received a complete Stormwater Management Permit Application for the modification of lots 9-16 of Carolina Colours Bayberry Park (POD R-14), Phases 1 and 2 on April 1, 2009, The modification involves the changes of lot sizes and impervious areas within the low density portion of this permit. The total impervious area within the low density portion of this project does not increase from the originally permitted amount. There are no modifications of the high density portion of this project. 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. SW7070910MOD dated May 14,2009, for the construction of the subject project. The original permit issued on November 7, 2007 is hereby rescinded and replaced with this permit. Please keep these approved modified plan sheets, No.2 and No.3, which are included with this permit, with the original set of approved plans dated November 7, 2007 at all times. This permit shall be effective from the date of issuance until November 7, 2017, 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 and per the submitted application supplement forms. Failure to establish an adequate system for operation and maintenance of the stormwater management systems will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and 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. inc r ly, A H I e Regional Supervisor Surface Water Protection Section AH/sav: C:\STORMWATER\PERMIT\SW7070910MOD cc: Eric Frank, PE — McKim & Creed Craven County Building Inspections ,_,,Washington Regional Office Central Files North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 An Enual Onnonunav 1 AKnahve Arlion Emclover Internet: v .nwaterquality.org Phone: 252-946.6481 1 FAX: 252-946-9215 FAX 252-946-9215 Nne orthCarolina ;Vatturally Beverly Eaves Perdue Governor �o 1n��R0 MODE R North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director Dee Freeman Secretary May 14, 2009 ^ 1 }.cd- Mr. Kenneth I. Peregoy, Managing Member J ` 2�,r Carolina Creek, LLCM 503 W. Thurman Rd. New Bern, NC 28562 Subject: Stormwater Permit No. S 07-i91 ModO tftcatioi Carolina Colours Bayberry Park, Ph 1 & 2 High Density Project Craven County Dear Mr. Peregoy: The Washington Regional Office received a complete Stormwater Management Permit Application for the modification of lots 9-16 of Carolina Colours Bayberry Park (POD R-14), Phases 1 and 2 on April 1, 2009. The modification involves the changes of lot sizes and impervious areas within the low density portion of this permit. The total impervious area within the low density portion of this project does not increase from the originally permitted amount. There are no modifications of the high density portion of this project. 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. SW7070910MOD dated May 14,2009, for the construction of the subject project. The original permit issued on November 7, 2007 is hereby rescinded and replaced with this permit. Please keep these approved modified plan sheets, No.2 and No.3, which are included with this permit, with the original set of approved plans dated November 7, 2007 at all times. This permit shall be effective from the date of issuance until November 7, 2017, 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 and per the submitted application supplement forms. Failure to establish an adequate system for operation and maintenance of the stormwater management systems will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and 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. inc r ly, A H dge�' Regional Supervisor Surface Water Protection Section AH/sav: C:\STORMWATER\PERMIT\SW7070910MOD cc: Eric Frank, PE — McKim & Creed Craven County Building Inspections Washington Regional Office Central Files North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Internet vmv.nmaterquality.org Phone. 252-946-6481 \ FAX: 252-946-9215 FAX: 252-946-9215 NorthiCarolina Naturally An Eoual Onncdunity 1 ARrmalive. Action Emnlnver State Stormwater Management Systems Permit No. SW7070910MOD 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 Carolina Creek, LLC Carolina Colours Bayberry Park, Phases 1 & 2 Craven County FOR THE construction, operation and maintenance of a wet detention basin and curb outlet swales 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 November 7, 2017, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. The overall tract built -upon area percentage for the project must be maintained at 30%, per the requirements of Section .1005 of the stormwater rules. The pro tJect is permitted for 80 lots, each limited to a maximum of (see Attachments A & B) square feet of built -upon area, as defined by the stormwater rules, and as indicated in the approved plans. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.9 on page 3 of this permit and per approved plans and specifications. The overall stormwater controls have been designed to handle the runoff from 6.95 acres of impervious area within the low density portion of the 30.00 acre project area and 11.87 acres of impervious area within the high density portion of the project area of 31.5 acres. 3. None of the 4.59 acres of "Future" impervious area accounted for in the design of the wet detention basin is allowed to be constructed until a modification to this permit is issued by the Division. Page 2 of 9 State Stormwater Management Systems Permit No. SW7070910MOD ' 4. The project proposes the use of a wet detention basin to treat the high density portion of the project and multiple curb outlet swales to treat the low density portions of the project. Each designated curb outlet swale shown on the approved plans must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 5. No pi ing shall be allowed except those minimum amounts necessary to direct runoff beneath an impervious surface such as a road or under driveways to provide access to lots and the piping that is shown on the approved plans directing stormwater to the wet detention basin. 6. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be vegetated with side slopes no steeper than 3:1 (H:V). 7. All stormwater collection, conveyance 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. 8. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control system designed for each drainage area. 9. The following design criteria have been provided in the wet detention pond and must be maintained at design condition as shown on approved plans: Drainage Area Number 6: To Wet Pond a. Drainage Area, acres: 31.50 (including 12.93ac Future) b. Total Impervious Surfaces, acres: 11.87 (including 4.59ac Future) C. Design Storm, inches: 1 d. Pond Depth, feet: 6.00 e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 16.00 g. Permanent Pool Surface Area, ft2: 38,365 In. Permanent Storage Volume, ft3: 138,132 i. Temporary Storage Elevation, FMSL: 17.10 j. Temporary Storage Volume, ft3: 44,641 k. Controlling Orifice: 3.50" 0 pipe I. Receiving Stream/River Basin: Brice's Creek M. Stream Index Number: 27 — 101 — 40 — (1) n. Classification of Water Body: "C; Sw, NSW" Page 3 of 9 State Stormwater Management Systems Permit No. SW7070910MOD II. SCHEDULE OF COMPLIANCE The stormwater management systems shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface, per the approved plans. During construction, erosion shall be kept to a minimum and any eroded areas of the systems will be repaired immediately. 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 outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. 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. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 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. Page 4 of 9 State Stormwater Management Systems Permit No. SW7070910MOD 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 to the Division final site layout and grading plans for any permitted future/common areas shown on the approved plans and receive approval prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the project. 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 be effective from the date of issuance until November 7, 2017. 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. 14. Each lot in the subdivision covered by this permit will maintain a minimum 50 foot wide vegetative buffer between all impervious areas and surface waters. All roof drains must terminate at least 50' from the Mean High Water mark. 15. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. 16. Recorded deed restrictions must include, at a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7070910 Modification, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is (see Modified BUA Per Lot table) square feet. These allotted amounts include any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons. h. Filling in, piping or altering any designated 5:1 curb outlet swale or vegetated area associated with the development is prohibited by any persons. Page 5 of 9 State Stormwater Management Systems Permit No. SW7070910MOD A 50' vegetated buffer must be maintained between all built -upon area and the Mean High Water line of surface waters. All roof drains shall terminate at least 50' from the Mean High Water mark. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 17. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. 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. 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 issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 6. 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. 7. 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. 8. 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. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. Page 6 of 9 State Stormwater Management Systems Permit No. SW7070910MOD 10. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the 14t" day of May, 2009. NORTH C ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION I• for Division of Water Quality By Authority of the Environmental Management Commission Stormwater Permit No. SW7070910 Modification Page 7 of 9 State Stormwater Management Systems Permit No. SW7070910MOD Carolina Colours Bayberry Park (POD R-14), Phases 1 and 2 Stormwater Permit No. SW7070910MOD Craven County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 8of9 State Stormwater Management Systems Permit No. SW7070910MOD 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 outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Washington Regional Office Craven County Building Inspections Page 9 of 9 NCDWQ - LOW DENSITY LOW DENSITY PHASE ONE LOT No. AREA IMPERVIOUS(30%) 1 12973 3892 2 10500 3150 3 10500 3150 4 10500 3150 5 15338 4601 9 15336 4600 10 12250 3675 11 12250 3675 12 12250 3675 13 12250 3675 14 12250 3675 15 12250 3675 16 12250 3675 47 11979 3594 48 10500 3150 49 10500 3150 50 11979 3594 SUBTOTAL PH. ONE 205855 61756 LOW DB48" PHASE TWO LOT No AREA IMPERVIOUS (307-) 201 32949 7579 202 32032 7579 203 29599 7579 204 25639 7691 205 22805 6842 206 34354 7579 207 40735 7579 208 33453 7579 209 28632 7579 210 21124 6337 211 20738 6221 212 26809 7579 213 21319 6396 214 31024 7579 215 21708 6512 216 16807 5042 217 18721 5615 218 31491 7579 219 27364 7579 220 28564 7579 221 17215 5165 222 18000 5400 223 20508 6152 SUBTOTAL PH. TWO 601590 158323 SUBTOTAL PH. ONE 205855 61756 TOTAL- LOT AREA 80744 TOTAL ff ERVIOUB 220079 RECEIVED OR p1ZOOS PROJ 9 =I 5:\3135\0050\80 DraOi95\31350050rev7a.Owg, 3/27/2009 9:36:18 PM, \\nfi\Aficio 2020 Robbins, Della From: Howard Nichols [hnichols@eccpllc.com) Sent: Wednesday, October 12, 2011 7:07 PM To: Robbins, Della Subject: one more favor? EAST CAROLINA CONSULTING, PLLC Land Development & Engineering Land Planning . Residential . Coastal Design . Environmental When I copied SW7070910 Modification, I guess I forgot the push that special button you told me about on the printer, because I only got one side. Is there a way you can scan the back side of this permit and email to me Thursday am? If you can't, I'll make a trip up there to pick up a copy. Trying to get my report out of my office that same day.... Should be sheets 3, 5, 7 and 9. Thanks, call me if you need..... (252) 327-9623 Hgn Howard Nichols, Principal P.O. Box 20714 Greenville, NC 27858 Cell 252.327.9623 - Fax 252.565.5718 www.eccbllc.com Al STATE OF NORTH CAROLINA COUNTY OF CRAVEN Imagqe ID: 000001781784 Type: CRP Kind: AMENDMENT Recorded: 11/13/2009 at 01:09:50 PM Fee Amt: $29.00 Page 1 of 6 Workflow# 0000015571-0002 Craven, NC Sherri B. Richard Register of Deeds BK28 / 1 PG71 9r ;� MAR 15 2010 AMENDMENT TO PROTECTIVE COVENANTS CAROLINA COLOURS SPRING GREEN (BAYBERRY PARK PHASE 2) THIS AMENDMENT TO PROTECTIVE COVENANTS, CAROLINA COLOURS, is dated for purposes of reference only this 13th day of November, 2009, and is submitted for recordation by Carolina Creek LLC, a North Carolina limited liability company (hereinafter "Declarant"). RECITALS: Carolina Creek LLC has prepared a master development plan for a predominantly residential community named Carolina Colours, located in Craven County, City of New Bern, North Carolina. The development plan for Carolina Colours is set out in the Protective Covenants for Carolina Colours recorded in Book 2267, Pages 270 through 307, Craven County Registry ("Master.Covenants"). Certain properties particularly described in the Master Covenants were subjected to its provisions upon its recordation. Declarant reserved the right, in Paragraph 2 of the Master Covenants, to subject described additional properties to the terms and conditions of the Master Covenants. Declarant further reserved the right to impose new or different development guidelines and restrictions on the additional properties made subject to the Master Covenants. The purpose of this Amendment to Protective Covenants ("Amendment") is to subject additional properties more fully described hereinafter to the terms and conditions of the Master Covenants, and to specify particular restrictions and easements applicable to the properties hereby annexed. Therefore, the Master Covenants are hereby amended as follows: 1. Annexed Properties. The provisions of the Master Covenants shall apply fully to all of the property as shown on that 1�41i01.ha eoLo�+Rs^' A5 Image ID: 000001781785 Type: CRP Kind: AMENDMENT Pape 2 of 6 z BK2871 Pr794 plat of Carolina Colours Bayberry Park Phase 2, (also known as Spring Green) including, without limitation, Lots 201 through 223, as well as all rights -of -way and other properties described thereon, said plat being recorded in Plat Cabinet Z, Slides /_ q A- , Craven County Registry. Said plat, as amended, shall herein be referred to as the "Plat." All of the terms and provisions of the Master Covenants, as previously amended, shall be fully binding and applicable to the property described on the Plat, except as specifically modified by this Amendment. The Lots shown on the Plat shall be referred to herein as "Spring Green Lots." 2. Minimum Building Requirements. No primary residential Structure located on any Spring Green Lot shall contain less than 1800 heated square feet. Heated space shall only include fully enclosed space heated by the primary central heating system utilized for the primary residential Structure. 3. Set -backs: The minimum building set -backs shall be the greater of the set -backs shown on the Plat, or the following: a) Front (street) set -back: b) Side set -back: c) Rear set -back: 35 feet 12 feet 30 feet 4. Impervious Surface Limitations: The maximum amount of impervious coverage (built upon area) of any Lot is set out on an exhibit hereto. Impervious materials include asphalt, gravel, concrete, brick, stone, slate, coquina or similar material, (including any such materials used on driveways or parking areas) but do not include raised, open wood decking or the water surface of swimming pools. Swales (whether roadside or in drainage easements) shall not be filled in, piped, or altered except that vegetated conveyances permitted with 3:1 slopes may be piped, but only as necessary to provide driveway crossings. No filling in, piping or altering any curb outlet swale permitted with a 5:1 slope shall be allowed. A 50 foot vegetated buffer must be maintained between all built upon area and the Mean High Water Level of all surface waters. All roof drains must terminate at least 50 feet from the Mean High Water line of any surface water. Each designated curb outlet swale or 100 foot vegetated area shown on the permitted plan must be maintained by the Association at a minimum of 100 feet long, with a minimum 5:1 side slope (or flatter), have a longitudinal slope no steeper than 5%, and be maintained with a dense vegetated cover so as to carry the flow from a 10 year storm in a non -erosive manner. Such swales must be located in a recorded drainage easement. No Owner shall take any action that adversely impacts these requirements. This covenant is intended to insure ongoing compliance with North Carolina state stormwater management permit SW7070910 as issued by the Division of Water Quality and can not be modified or deleted Image ID: 000001781786 Type: CRP Kind: AMENDMENT %Page3 of 6 3 EK2871 P6/ 9JF without the consent of the State of North Carolina by issuance of a permit amendment. The State of North Carolina and the City of New Bern are specifically given the right, by specific performance, to enforce the limitations and restrictions contained in this paragraph 4 of this Amendment. The Association is specifically required to maintain any storm water collection, distribution or holding structures constructed in accordance with ordinances of, or permits issued by, the City of New Bern as relates to storm water management and discharge, and as relates to nitrogen reduction, whether or not said facilities are located on Common Elements or on Lots, if such structures are not maintained by the City of New Bern. The Association is also specifically directed to pay any inspection fees charged by the City of New Bern for inspection of such facilities and improvements. 5. Flood Zone: There is shown on the Plat the boundary between the X and the AE flood zone lines, as established by the Federal Emergency Management Agency (FEMA), in accordance with the flood maps issued by FEMA. Should the owner of any Lot elect to construct improvements within the X zone, special building code restrictions apply, and the owner of such Lot should consult with the Inspections Department of the City of New Bern prior to planning such construction. Furthermore, construction within the X zone may impact the availability or cost of flood insurance, should flood insurance be desired by said owner. 6. Riparian Buffer Lots: Spring Green Lots 201 through 207 are subject to riparian buffer rules imposed by the State of North Carolina, in areas within the "50 foot buffer" shown on the Plat. The State of North Carolina has the right and authority to enforce these rules, which rules strictly limit the right to remove vegetation or construct structures within the area subject to riparian buffer rules. Areas designated on the Plat as "Wetlands" shall not be filled, nor shall structures be constructed therein. 7 Spring Green months. Rental Limitations No rental of any home within shall be allowed that is for a term of less than six 8. Other Restrictions: Drainage Easements as shown on the Plat, other than the typical drainage easements described in paragraph 9.4 of the Protective Covenants, have been established in part in order to comply with certain restrictions regarding nitrogen reduction and/or stormwater management imposed by the City of New Bern and/or the State of North Carolina. No Lot Owner shall interfere in any way with the drainage within such easements or with drainage structures therein. Specific drainage easements along property lines of Lots, as delineated on the Plat, may contain low level structures to contain sediment and slow water flow. To the extent these specified easements, and the structures therein, are In? ID: 000001781787 Type: CRP Kind: AMENDMENT Pape 4 of 6 9 BK2871 PD796 not maintained by the City of New Bern, they shall be maintained by the Association. The only obligation of the Lot Owner whose Lot is burdened thereby shall be to maintain ground vegetation in a sightly condition, to the extent such area is incorporated as part of the grassed or cleared area of the Lot by the Lot Owner. Drainage swales located on a public right of way adjoining the boundary of a Lot shall be maintained (mowed) by the Owner of the adjoining Lot, and the Owner of a Lot burdened with a drainage swale within a drainage easement on or adjacent to a street right of way (except as specified herein before) shall also maintain (mow) that portion of the swale and easement located on said Owner's Lot. The Owner of a Lot shall also be required to mow the area between said Owner's Lot and adjoining street pavement and/or sidewalks, regardless of whether or not such area contains a drainage swale. Declarant and the Association reserve the right to abandon drainage easements if their use is not required to comply with governmental requirements or is not otherwise necessary for proper drainage. No private use of said easements or swales for drainage or other purposes, other than normal runoff from Lots, may be made by the Owner of any Lot without consent of the Association. 9. Telecommunications Services. Spring Green Lots shall be provided the same telecommunications services as are provided from time to time to Sienna Woods Lots, as more fully described in the Master Covenants, as the same are amended from time to time, and the cost of such services shall also be the same. However, the Association has agreed to alter the free monitored services plan for security set out in paragraph 7 of Exhibit B, so the provisions set out therein are no longer in effect. The five foot private utility easement adjacent to the rights of way of Spring Green Pass and Jade Court are for the exclusive use of the Telecommunications Provider as set out in the Master Covenants, and as referenced in paragraph 9.5 thereof. 10. Definitions. All definitions (capitalized words or phrases) contained in the Master Covenants are hereby incorporated within this Amendment by reference. 11. Survival. Except as specifically altered by this Amendment, all provisions of the Master Covenants, to the extent not limited therein to particular designated Lots, and as the same may have been previously amended from time to time, shall be fully applicable to all Spring Green Lots, and the terms and conditions of the Master Covenants shall remain in full force and effect as to all Spring Green Lots encumbered hereby and thereby. SIGNATURE APPEARS ON FOLLOWING PAGE 5 IN WITNESS WHEREOF, the undersigned have executed this instrument under authority duly given as of the day and year first above written. CARD KL"" V� BY: (SEAL Kenneth M. Kirkman, Manager STATE OF NORTH CARC�,INA (� COUNTY OF CRAV- I , u /7 L-/ the County and State afor sa personally came before me this day Ke acknowledged that he is a Manager of Caroli liability company of the State of North authority duly given him and as the act foregoing instrument was signed in its name Witness my hand and of of November, 2009. _,d My Commission Expires: Vy /2 '�Gi3 Bayberry Park phase 1 Covenants cc/cov; 11./1.3/09 ,�,OTA/�, 'OUBUG LL4, a Notary Public of d, certify that in th M. Kirkman and sa Creek LLC, a limited Carolina, and that by of the company, the by him, under seal. , this 13th day ary Publ co 0 Image ID: 000001781788 Type CRP Kind: AMENDMENT Page 5 of 6 SK2871 PD797 I PER HOMESITE IMPERVIOUS LIMITATION (SHOWN IN SQUARE FEET) ALLOWED IMPERVIOUS LOT SURFACE 201 8000 202 8000 203 8000 204 7692 205 6842 206 8000 207 8000 208 8000 209 8000 210 6337 211 6221 212 8000 213 6396 214 8000 215 6512 216 5042 217 5616 218 8000 219 8000 220 8000 221 5165 222 5400 223 6152 I IIIIIII IIIIII II I II III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Imaqe ID: 000001781789 Type: CRP Kind: AMENDMENT %Pape Q6 of 6 BK2VQ1 1 P0( apdV STATE OF NORTH CAROLINA COUNTY OF CRAVEN 6 iZ?s/ % c; 6*&W-111a- CF� Ll c .'T/Z3 4J. Ttiur„ ¢w 131/ AEkJ fi12a Aoe- >gSs- Imaqe ID: 00000 1 491080 Type: CRP Recorded: 09/17,2008 at 08:14:49 An Fee Amt: $29.00 Page 1 of 8 Craven, NC Sherri B. Richard Reqister of Deeds BK 2 1 5 V PG8 1 0 AMENDMENT TO PROTECTIVE COVENANTS CAROLINA COLOURS BAYBERRY PARK PHASE 1 THIS AMENDMENT TO PROTECTIVE COVENANTS, CAROLINA COLOURS, is dated for purposes of reference only this 15th day of September, 2008, and is submitted for recordation by Carolina Creek LLC, a North Carolina limited liability company (hereinafter "Declarant"). RECITALS: Carolina Creek LLC has prepared a master development plan for a predominantly residential community named Carolina Colours, located in Craven County, City of New Bern, North Carolina. The development plan for Carolina Colours is set out in the Protective Covenants for Carolina Colours recorded in Book 2267, Pages 270 through 307, Craven County Registry ("Master Covenants"). Certain properties particularly described in the Master Covenants were subjected to its provisions upon its recordation. Declarant reserved the right, in Paragraph 2 of the Master Covenants, to subject described additional properties to the terms and conditions of the Master Covenants. Declarant further reserved the right to impose new or different development guidelines and restrictions on the additional properties made subject to the Master Covenants. The purpose of this Amendment to Protective Covenants ("Amendment") is to subject additional properties more fully described hereinafter to the terms and conditions of the Master Covenants, and to specify particular restrictions and easements applicable to the properties hereby annexed. Therefore, the Master Covenants are hereby amended as follows: 1. Annexed Properties. The provisions of the Master Covenants shall apply fully to all of the property as shown on that plat of Carolina Colours Bayberry Park Phase 1, including, without P aqa 2 of 6 2 SK2758 PG811 limitation, Lots 1 through 57, as well as all rights -of -way and other properties described thereon, said plat being recorded in Plat Cabinet H, Slides 107D and 107E, Craven County Registry. Said plat shall herein be referred to as the "Plat." All of the terms and provisions of the Master Covenants, as previously amended, shall be fully binding and applicable to the property described on the Plat, except as specifically modified by this Amendment. The Lots shown on the Plat shall be referred to herein as " Phase 1 Lots." 2. Minimum Building Requirements. No primary residential Structure located on any Phase 1 Lot shall contain less than 1600 heated square feet. Heated space shall only include fully enclosed space heated by the primary central heating system utilized for the primary residential Structure. Bayberry Park Phase 1 is a community of mostly 70 foot street frontage lots. In order to maintain the aesthetics and values within these lots, only specific homes, pre -approved by Declarant, shall be allowed to be constructed on any Phase 1 Lot. Any Person acquiring title to any Phase 1 Lot agrees and acknowledges that there will be a limited number of home plans that may be constructed within Bayberry, and each such buyer agrees to build only from such Declarant approved portfolio of homes, with any exterior modifications thereto subject to the approval of Declarant (which right may be delegated by Declarant to the Improvement Review Committee of the Carolina Colours Association, Inc). Declarant may add or remove homes from the approved portfolio from time to time. It is further agreed that Declarant may require that a home be constructed by a buyer within an agreed time frame. If such a time frame is to be imposed, it shall be contained in the contract for sale and deed of conveyance for such Phase 1 Lot. Such time frames may be imposed on some, but not all, of the Phase 1 Lots. The following building standards shall be applicable to Bayberry Park Phase 1 Lots, in lieu of conflicting standards contained in the Master Covenants or in Building Guidelines adopted by Declarant or the Carolina Colours Association, Inc. for other neighborhoods within Carolina Colours. a) Front loaded garages shall be allowed, but the garage door or doors are subject to approval by the Improvement Review Committee, and must be split or decorative. Furthermore, unless a variance is granted by the Improvement Review Committee, no garage may extend more than half its depth beyond the main fapade of the front of the home. As used herein, "main faqade" means the exterior wall of a room of heated space that extends nearest to the adjoining street, and does not include architectural features, such as bay windows, that protrude from the main wall of the home. b) Fencing in the rear yard may extend to the edge of the drainage easement in the rear of each lot, but is otherwise subject to the provisions of the Master Covenants. IIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Image ID: 000001491082 Type: CRP Pape 3 of 6 3 BK2758 PG812 3. Set -backs: The minimum building set -backs shall be the greater of the set -backs shown on the Plat, or the following: a) Front (street) set -back: 25 feet* b) Side set -back: 8 feet c) Rear set -back: 25 feet It is acknowledged that the above referenced Improvement Review Committee may impose greater front or rear yard setbacks along any street in order to improve the appearance of the streetscape. *The typical front setback will be 35 feet, and shall only be reduced by the Improvement Review Committee for good cause shown. 4. Impervious Surface Limitations: The maximum amount of impervious coverage (built upon area) of any Lot is set out on an exhibit hereto. Impervious materials include asphalt, gravel, concrete, brick, stone, slate, coquina or similar material, (including any such materials used on driveways or parking areas) but do not include raised, open wood decking or the water surface of swimming pools. Swales (whether roadside or in drainage easements) shall not be filled in, piped, or altered except that vegetated conveyances permitted with 3:1 slopes may be piped, but only as necessary to provide driveway crossings. No filling in, piping or altering any curb outlet swale permitted with a 5:1 slope shall be allowed. A 50 foot vegetated buffer must be maintained between all built upon area and the Mean High Water Level of all surface waters. All roof drains must terminate at least 50 feet from the Mean High Water line of any surface water. Each designated curb outlet swale or 100 foot vegetated area shown on the permitted plan must be maintained by the Association at a minimum of 100 feet long, with a minimum 5:1 side slope (or flatter), have a longitudinal slope no steeper than 5%, and be maintained with a dense vegetated cover so as to carry the flow from a 10 year storm in a non -erosive manner. Such swales must be located in a recorded drainage easement. No Owner shall take any action that adversely impacts these requirements. This covenant is intended to insure ongoing compliance with North Carolina State stormwater management permit SW7070910 as issued by the Division of water Quality and can not be modified or deleted without the consent of the State of North Carolina by issuance of a permit amendment. The State of North Carolina and the City of New Bern are specifically given the right, by specific performance, to enforce the limitations and restrictions contained in this paragraph 4 of this Amendment. The Association is specifically required to maintain any storm water collection, distribution or holding structures constructed in accordance with ordinances of, or permits issued by, the City of New Bern as relates to storm water management and Image ID: 000001491083 Type: CRP Page 4 of 6 4 BK2758 PG813 discharge, and as relates to nitrogen reduction, whether or not said facilities are located on Common Elements or on Lots, if such structures are not maintained by the City of New Bern. The Association is also specifically directed to pay any inspection fees charged by the City of New Bern for inspection of such facilities and improvements. 5. Flood Zone: None of the lots shown on the Plat are located within an X flood zone, as established by the Federal Emergency Management Agency (FEMA), in accordance with the flood maps issued by FEMA. 6. Common Areas: There is shown on the Plat five tracts denoted Common Element #1 through Common Element #5. All such tracts shall be Common Areas as defined in the Master Covenants, and shall be conveyed to the Carolina Colours Master Association on or before December 31, 2011. All such Common Elements shall be used primarily as vegetated buffers, but incidental use for sidewalks or other passive recreation, such as park benches, shall be allowed. 7. Rental Limitations: No rental of any home within Baybery Park Phase 1 shall be allowed that is for a term of less than six months. 8. Other Restrictions: Drainage Easements as shown on the Plat, (and as described in paragraph 9.4 of the Protective Covenants), have been established in part in order to comply with certain restrictions regarding nitrogen reduction and/or stormwater management imposed by the City of New Bern and/or the State of North Carolina. No Lot Owner shall interfere in any way with the drainage within such easements or with drainage structures therein. Specific drainage easements along property lines of Lots, as delineated on the Plat, may contain low level structures to contain sediment and slow water flow. To the extent these specified easements, and the structures therein, are not maintained by the City of New Bern, they shall be maintained by the Association. The only obligation of the Lot Owner whose Lot is burdened thereby shall be to maintain ground vegetation in a sightly condition, to the extent such area is incorporated as part of the grassed or cleared area of the Lot by the Lot Owner. Drainage swales located on a public right of way adjoining the boundary of a Lot shall be maintained (mowed) by the Owner of the adjoining Lot, and the Owner of a Lot burdened with a drainage Swale within a drainage easement on or adjacent to a street right of way (except as specified herein before) shall also maintain (mow) that portion of the swale and easement located on said Owner's Lot. The Owner of a Lot shall also be required to mow the area between said Owner's Lot and adjoining street pavement and/or sidewalks, regardless of whether or not such area contains a drainage Swale. Declarant and the Association reserve the right to abandon drainage easements if their use is not required to comply with governmental requirements or is not otherwise necessary for proper drainage. No private use of said easements or swales for IIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllll0lllllllllllllllllllll►G RP Q Qpage/�5 of 6 BK2�]1 5V FGV 1,4 5 drainage or other purposes, other than normal. runoff from Lots, may be made by the Owner of any Lot without consent of the Association. 9. Telecommunications Services. Phase 1 Lots shall be provided the same telecommunications services as are provided from time to time to Sienna Woods Lots, as more fully described in the Master Covenants, as the same are amended from time to time, and the cost of such services shall also be the same. However, the Association has agreed to alter the free monitored services plan for security set out in paragraph 7 or Exhibit B, so the provisions set out therein are no longer in effect. Payments for service or service availability begin when a certificate of occupancy is issued for a home constructed on a Phase 1 Lot. 10. Definitions. All definitions (capitalized words or phrases) contained in the Master Covenants are hereby incorporated within this Amendment by reference. 11. Survival. Except as specifically altered by this Amendment, all provisions of the Master Covenants, to the extent not limited therein to particular designated Lots, and as the same may have been previously amended from time to time, shall be fully applicable to all Phase 1 Lots, and the terms and conditions of the Master Covenants shall remain in full force and effect as to all Phase 1 Lots encumbered hereby and thereby. IN WITNESS WHEREOF, the undersigned have executed this instrument under authority duly given as of the day and year first above written. CAROLINA CRR/E aLC BY: (SEAL) Kenneth M. Ki kman, Manager STATE OF NORTH CAROLINA COUNTY OF CPA the County and State afo personally came before me this day acknowledged that he is a Manager of C liability company of the State of Nb authority duly given him and as .the forego' g i trument was signed in its Wi ness y hand and 9A6"41 20 My Commission Expires: v ( / % &-da Notary Public of r said, /// certify that Kenneth M. Kirkman and olina Creek LLC, a limited rth Carolina, and that by act of the company, the name by him, under seal. sta7� or seal, this da �QTApr •,� Notary Public BAYBERRY PARK PHASE 1 IMPERVIOUS SURFACE ALLOWED (IN SQUARE FEET) LOT NO. ALLOWED IMPERVIOUS 1 3892 2 3150 3 3150 4 3150 5 4601 6 4519 7 4500 8 4500 9 3223 10 3150 11 3150 12 3150 13 3150 14 3150 15 3150 16 3150 17 4200 18 4200 19 4200 20 4200 21 4792 22 4200 23 4200 24 4792 25 4200 26 4200 27 4200 28 4200 29 4198 ALLOWED LOT NO. IMPERVIOUS 30 4306 31 4202 32 4200 33 4200 34 4200 35 4200 36 4792 37 4200 38 4200 39 4792 40 4200 41 4200 42 4200 43 4200 44 4200 45 4805 46 6489 47 3594 48 3150 49 3150 50 3594 51 4200 52 4200 53 4200 54 4200 55 4200 56 4200 57 4792 Pape 6 of 6 BK2758 PG815 STATE OF NORTH CAROLINA COUNTY OF CRAVEN IIIIIIIIIIIIIIIIIIIIIIIIIIIIIililllllllllllllillllllllllllll 9 /� I madge ID• 000001748222 Type' llllllllllilllllllll Recorded ST07/28/RCTED2009COVEat NNA Og; 17;15 AM FeeK'n Amt: $26.00 Pape 1 of 5 workflow# 0000009147_0002 Craven, NC Sherri chGa96 Olst er of Deeds BH2 AMENDMENT TO PROTECTIVE COVENANTS CAROLINA COLOURS BAYBERRY PARK PHASE 1—REVISION 1 THIS AMENDMENT TO PROTECTIVE COVENANTS, CAROLINA COLOURS, Bayberry Park Phase 1—Revision I is dated for purposes of reference only this lst day of July, 2009, and is submitted for recordation by Carolina Creek LLC, a North Carolina limited liability company (hereinafter "Declarant"), with joinder of John C. Hardtle and wife, Terri A. Hardtle (hereinafter "Hardtle"). RECITALS: Carolina Creek LLC has prepared a master development plan for a predominantly residential community named Carolina Colours, located in Craven County, City of New Bern, North Carolina. The development plan for Carolina Colours is set out in the Protective Covenants for Carolina Colours recorded in Book 2267, Pages 270 through 307, Craven County Registry ("Master Covenants"). Certain properties particularly described in the Master Covenants were subjected to its provisions upon its recordation. Declarant reserved the right, in Paragraph 2 of the Master Covenants, to subject described additional properties to the terms and conditions of the Master Covenants. Declarant further reserved the right to impose new or different development guidelines and restrictions on the additional properties made subject to the Master Covenants. By Amendment to Protective Covenants -Carolina Colours - Bayberry Park Phase 1 recorded in deed book 2758, page 810, Craven County Registry ("Bayberry Covenants") Declarant annexed into Carolina Colours certain property more particularly described therein and shown on Plat Cabinet H, Slides 107D and 107E, Craven County Registry (the "Plat"), said property being referred to herein as Bayberry Park. Declarant has sold and conveyed to Hardtle Lot 9 within Bayberry Park, and Declarant retains ownership of lots 10 through 16. At the request of Hardtle, Declarant has applied to the State of North Carolina for an amendment to the stormwater management permit referenced in paragraph 4 of the Bayberry Covenants, to increase the amount of allowed impervious surface on lots 9 through 16, Bayberry Park, and the State of North Carolina has modified said permit as set out hereinafter. Therefore, the Bayberry Park Covenants are hereby amended and fully superseded by this Revision as follows: 1. Revised Plat. There is recorded in Slide Cabinet Slides /ZY -/j - C , a plat entitled "Revised Final Plat of Carolina Colours Bayberry Park Phase 1-Lots 9 thru 16" (the "Revised Plat"). For all purposes, the boundaries of lots 9 through 16 shall be as shown on the Revised Plat, and all provisions of the Bayberry Covenants shall apply to the revised lots 9 through 16. Furthermore, the boundaries of Common Element #2 and Common Element #3 shall be amended as shown on the Revised Plat, the parties hereto consenting to the inclusion as a part of lots 9 through 16 as shown on the Revised Plat a small portion of said Common Elements as originally shown on the Plat. 2. Impervious Surface Limitations: Paragraph 4 of the Bayberry Covenants is amended to change the allowed impervious surface allowed on each of lots 9 through 16 as shown on Exhibit A attached hereto. These limitations have been authorized by the State of ,North Carolina by its issuance of Stormwater Permit No. SW7070910 Modification, Carolina Colours Bayberry Park, Ph 1 6 2, dated May 14, 2009. 3. Drainage Easement: Each of lots 9 through 16 of Bayberry Park, as shown on the Revised Plat, includes near its rear property line a 20 foot drainage easement. The owner of each such lot shall be responsible for maintaining the Swale therein in a good and sightly condition, keeping such easement mowed and free of loose debris. No building or construction shall be allowed therein, and no owner shall take any action that would impede the flow of water through such easement. 4. Definitions. All definitions (capitalized words or phrases) contained in the Master Covenants or the Bayberry Covenants are hereby incorporated within this Amendment by reference. II I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII ulll IIIII IIII IIII Imepe ID: 000001748223 Type: CRP Kind: RESTRICTED COVENANTS Pepe 2 of 5 BK2844 PD909 5. Survival. Except as specifically altered by this Amendment, all provisions of the Master Covenants, as the same may have been previously amended from time to time, shall be fully applicable to all Bayberry Park Lots, and the terms and conditions of said Master Covenants (as amended) shall remain in full force and effect as to all Bayberry Park Lots encumbered hereby and thereby. IN WITNESS WHEREOF, the undersigned have executed this instrument under authority duly given as of the day and year first above written. l IIIIIII illlll III IIIII IIIII IIIII IIIII IIIII lull IIIII IIIII IIIII IIIII IIIII Ill IIII Imagqe ID: 000001748224 Type: CRP K1 ntl: RESTRICTED COVENANTS Pape 3 of 5 BK2844 PO910 STATE OF NORTH CAROLINA COUNTY OF CAROLINA CREEK LLC BY: �(SEAL) Kenneth M. Kifkrhan, Manager L/Z� �� r> I� a Notary Public of the County and State afo esaid, certify that personally came before me this day Kennet M. Kirkman and acknowledged that he is a Manager f Carolina Creek LLC, a limited liability company of the S to of North Carolina, and that by authority duly given and.a the act of the company, the foregoing instrument was signed in its name by him, under seal. /�'Wiin ss my hand and official stam or seal, t day of � A4unu }" L My Commission Expires:Notary Public�J•— �{ �1g1yo ,•-Ur � rF 3 STATE OF NORTH CAROLINA COUNTY OF CPA of the County and State personally came before me this day Terri A. Hardtle and acknowledged thz by each of them, after full review t intent of consenting to its terms. rohn , a Notary Public aid, certify that C. Hardtle and wife, i strument was signed hereof, under seal, with the W the s my hand and official day of U My Commission Expires: — • — Bayberry Park Revised Covenants 1 cc/cov; 6/25/09 I IIIIIII (IIIII III IIIII IIIII II III I IIII IIIII IIIII IIIII IIIII IIIII IIIII IIII I IIII II II Image ID: 000001748225 Type: CRP Kind: RESTRICTED COVENANTS Page 4 of 5 BK2844 P0911 EXHIBIT A IMPERVIOUS SURFACE LIMITATIONS LOT SF Lot 9 4600 Lots 10 thru 16 3675 I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII lull IIIII IIIII IIIII IIIII IIII IIII I mape ID: 000002748226 Type: CRP Kind: RESTRICTED COVENANTS Paqe 5 of 5 6K2844 PD912 Beverly Eaves Perdue Governor Carolina Creek LLC Kenneth Peregoy 503 W. Thurman Road New Bern, NC 28562 Dear Kenneth Peregoy: i iA NC®ENR North Carolina Department of Environment and Division of Water Quality Coleen H. Sullins Director March 8, 2010 M Natural Resources Re: Failure to Provide Deed Restrictions Stormwater Management Permit S W7070910 Carolina Colours Bayberry Park Phase 1 &Il High Density Craven County Dee Freeman This letter is to inform you of certain conditions of your stormwater permit that have not been met. In accordance with 'ride 15A NCAC 21-1.100. the Stormwater Management Regulations, deed restrictions and protective covenants are required where lots will be subdivided and sold. Deed Restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the applicable regulations governing the density level. A DWQ file review confirms that copies of the recorded deed restrictions have not been provided to this Office. Failure to record the required deed restrictions constitutes a violation of Permit Number S W7070910 which states "Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of Register of Deeds prior to the sale of any lot. In addition, a copy of the recorded restrictions must be received by this Office within 30 days of the date of recording. Recorded deed restrictions must include as a minimum certain statements related to stormwater management as outlined in both the permit and the notarized statement signed by the applicant at the time of permit request submittal. Please provide proof of these required deed restrictions to this Office at the address listed on the letterhead within 30 days of receipt of this letter. If you have any questions regarding this matter, please contact Amy Adams at (252) 946-6481. Sinc ely, Amv Adalris l�v Storn1N'aler Compliance Coordinator Washington Regional Office Enclosures: Notarized Deed Statement Cc: John Hennessy, NPS-ACOU Central Files WaRO Files ✓ Norlh Curolma Division of Water Quality Intemet. w- ", iicw tcntcrquaiuy,org 943 Washington Square Mall Phone 252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal Opportunely/Affirmative Action Employer - 50% Recycled110 % Post Consumer Paper NorthCarolina Naturally � MCMM&CREED ENGINEERS SURVEYORS P L A N N E R S March 30, 2009 M&C 031340050 (40) Mr. Scott Vinson NCDENR DWQ ;. r 943 Washington Square Mall Washington, NC 27889 APR - 1 2009 RE: Stormwater Review SW7070910 Modification Carolina Colours Bayberry Park Phases 1&2 Craven County Dear Mr. Vinson: This letter is in response to your letter to Mr. Kenneth Peregoy dated March 17, 2009 requesting additional information on the above referenced project. The application has been revised such that there is no increase in impervious surface, making the modification "minor" under Session Law 2008-211. The modifications to lots 9 thru 16 remain unchanged from the previously submitted modification. To offset the increase in impervious area (5,052 s.f.) on lots 9 thru 16 the impervious surface on lots 201-203, 206-209, 212,214, and 218-220 has been decreased from 8,000 s.f to 7,579 s.f. 12 x (8,000-7579)=5,052 s.f. Attached are two revised copies each of Page 2 of form SWU 101, SWU 101 Density Chart attachment, the impervious surface table for the deed restrictions and Sheet 2 of the plans. Please replace the previously submitted pages of the modification with those provided. Thank you for your review of this modification. If you have any questions or require any further information, please contact me. Sincerely, McKIM & CREED, P.A. 2807 Noose Blvd. Bldg. 5 ric J. Frank, P New Bern, NC 28562 /att 252. 633. 5899 cc: Mr. Kip Peregoy Fo. 252,633.6551 S:\3134\0050\40-Perm,t�101 water\Mo ip®tionUtr-Scott Vinson -response to RFl.doc w w w.mckimcreed.com • �f �. MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 17, 2009 Mr. Kenneth Peregoy, Managing Member Carolina Creek, LLC 503 W. Thurman Rd. New Bern, NC 28562 Dee Reeman Secretary Subject: Stormwater Review SW7070910 Modification Carolina Colours Bayberry Park, Ph 1 &2 Craven County Dear Mr. Peregoy This office received a Coastal Stormwater permit application and plans for the modification of the subject project on January 8, 2009, A preliminary review of the project indicates that before a State Stormwater permit can be issued the following additional information is needed. 1) Due to the increase of built upon area, which constitutes a major permit modification under Session Law 2008-211, this request to modify the stormwater permit is potentially subject to the new coastal stormwater rules. Unless vested rights can be successfully shown on the expansion of lots 9-16, the additional built -upon -area may not be allowed under the new low density threshold of 24% impervious area. Please either submit the needed information to show vested rights for this change or a redesign of the application to comply with the rules. The above requested information must be received in this office prior to April 17, 2009 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. 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 Washington Regional Office cc: Eric Frank, PE — McKim & Creed Washington Regional Office North Carolina Division of Water Quality Internet . v. rn-MFlerqualiiy.org One 943 Washington Square Mall Phone .252-946-64811 FAX 252-946-9215 Npl'lti�iilOhll c`l Washington, IJC 27869 FAX 252-946-9215 An Equal Opportunity A Affimiafre Action Employer Alati 1'allb" =r 1. Specify whether project is (check one): ❑New ❑Renewal ®Modification 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number SW7070910 and its issue date (if known) November 7,2007 3. Specify the type of project (check one): ®Low Density ®1-ligh Density ❑Redevelop ❑General Permit ❑Universal SMP []Other 4. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at'1-877-623-6748): ❑CAMA Major ®Sedimentation/Erosion Control ❑404/401 Permit ❑NPDES Industrial Stormwater Ill. 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. This modification pertains to increasing the size lots 9-16 and the subsequent allowable impervious areas. The runoff from these lots will run through a sytem of swales and a pond. These lots are in a low density portion of 2. Stormwater runoff from this project drains to the Neuse River basin. 3. Total Property Area: 48.56 _. acres 4. Total Coastal Wetlands Area: 0 acres 5. Total Property Area (3) - Total Coastal Wetlands Area (4) = Total Project Area**:48.56 acres 6. ('total Impervious Area / Total Project Area) X 100 = Project Built Upon Area (13UA):29.53 7. I -low many drainage areas does the project have? 8. 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. For high density projects, complete the table with one drainage area for each engineered stormwater device. Basin Information Drainage Area I Drainage Area 2 . Receiving Stream Name Brice's Creek Stream Class & Index No. SC; SW; NSW Total Drainage Area (so 2,115,351 sf On -site Drainage Area (so j Off -site Drainage Area (so Existing Impervious* Area (sf) 0 Proposed Impervious*Area (so 624,620 Impervious Area (total) 29.53 Impervious*Surface Area Drainage Area 1' Drainage Area 2 ` On -site Buildings (so 400,008 On -site Streets (sf) 180,826 On -site Parking (sf) g 011t On -site Sidewalks (so 43,786 r Other on -site 'so —� Off-s:te (st) --- Total (so: 624,620 ;urcivious rrca is defined as !ic built upon area including, but not liII[Ited to, buildings, marls, parking wrens, ^ndc7mIks, gravel areas, etc. Fon,i S\vU- i 01 Version 09.25.01, Page 2 of SWU 101 Carolina Colours -Bayberry Park, Phases 1 & 2 DENSITY CHARTS HIGH DENSITY* �u ±°Basin<lnlorination , +, 44, d t ..c,i :ar. S trDratn' e�Area'6i%Pe t: P.h:tse;lt l= r4Drama e"Areaa6" ` k g r +�h, „ ,F,utme r f � Drainage Arca 6 r Receiving Stream Name Brice's Creek Brice's Creek Brice's Creek Receiving Stream Class SC;SW;NSW SC;SW;NSW SC;SW;NSW Drainage Area 808,856 SF 563,269 SF 1,372 123 Existing Impervious* Area 0 0 0 Proposed Impervious* Area 316,958 SF 199,990 SF 516,948 SF % Int ervious* Area (total) 39.2% 35.5% 37.7% «Impervtotis* Surface"Area ,ir ,+#jDtamagetlfe' a` x, �MiDratnapeArea16y1+' Wit* ^y„11`'1jf�4`'� ;Fuhtre "IJpDtatnag62Ared 6,,t't;0 Total,.n On -site Buildings 174,877 SF 79,429 SF 254,306 SF On -site Streets 108,906 SF 92,284 SF 201,022 SF On -site Parking 0 0 0 On -site Sidewalks 33342 SF 28,277 SF 61,619 SF Other on -site 0 0 0 Off site 0 0 0 Total: 316,958 SF 199,990 SF 516,948 SF *This area drains to the wet detention pond and includes all anticipated future area draining to the pond with the lots developed at 40% impervious. LOW DENSITY Basut#Inform`atron x 's Ay + t In. g1 i pp t w +t DramageArea�l$ •+>eY }Tk�,MY f I 9 rpl�4tr„1 Low�Den$tt i+'llh+nf+: r xl 4 r+ cT,+� x�w{ �Yc i rt l� �1 ;} `iN lit �.",�i ItttuMa #hR tt7 W,_'.0 �..3 31uia �* v a, gi'{i }��4 It�1�i�. f j� �t4 Y Uri �',• Receiving Stream Name Brice's Creek Receiving Stream Class SC;SW;NSW Drainage Area 1,306,488 SF Existing Impervious* Area 0 Proposed Impervious* Area 30;7662(,Sl % Impervious* Area (total) 2336%d Imperr�+ous*Surface Area} ,trDratnage u.r)pp"x�ggss,liar„+r Area,n>i+ iii`Ii'rn�i�n +t11* ,�s+i,.,,) t„1,', , ,.? s, h l "1jj��,, On-site Buildings 2_29 H7tSR S 3/ On -site Streets 72.087 SF On -site Parking 0 On -site Sidewalks 10.444 SI' Other on -site Future Off site (existing) Total: 3076621SI NCDWQ - LOW DENSITY LOW DENSITY PHASE ONE LOT No. AREA IMPERVIOUS(30%) 1 12973 3892 2 10500 3150 3 10500 3150 4 10500 3150 5 15338 4601 5�"l--K '0� =36:-7 75t 16. ar ..=12250 a 2719 a T.367V,� 47 11979 3594 48 10500 3150 49 10500 3150 50 11979 3594 SUBTOTAL PH. ONE ",205855�'61756 ;9 i f` -t 1µ LOW DENBRY PHASE TWO LOT No AREA IMPERVIOUS (30%) (8000 SF MAX.) 201 32949 8000 202 32032 8000 203 29599 8000 204 25639 7692 205 22805 6842 206 34354 8000 207 40735 8000 208 33453 8000 209 28632 8000 210 21124 6337 211 20738 6221 212 26809 8000 213 21319 6396 214 31024 8000 215 21708 6512 216 16807 5042 217 18721 5616 218 31491 8000 219 27364 8000 220 28564 8000 221 17215 5165 222 18000 5400 223 20508 6152 SUBTOTAL PH. TWO 601590 163375 SUBTOTAL PH. ONE 205855 i , ,fi1756, TOTAL LOT AREA 807,.4451 TOTAL @f'EFiVI0U8 S:\3134\0050\80-DmwingS\31340050rev7a.owg, G0002, 12/31/2008 4:20:18 PM, RLovelace, \\nb\Afcio 2020 v MCIQM&CREED January 6, 2009 Mr. Scott Vinson NCDENR — DWQ 943 Washington Square Mall Washington, NC 27889 RE: Carolina Colours Pod R-14 Bayberry Park, Phases 1 and 2 SW 07070910 Dear Mr. Vinson: ENGINEERS SURVEYORS P L A N N E R S M&C 031340050 JAN - S 2009 Ui'Vi , A R 0 Please consider this letter and attached documentation a request for a modification of the above referenced project. Attached are two copies each of form SWU-101, SW401-Low Density, DRPC-5, and revised plan sheets two and three. Lots 9 thru 16 have been increased in size to accommodate additional impervious cover, while still remaining under the 30% impervious threshold. The allowable impervious area of Lot 9 has been increased by 1,377 square feet, and the allowable impervious area for lots 10-16 has been increase by 525 square feet per lot for a total of 5,052 square feet. The overall project remains under 30% impervious at 29.53%, with the low density portion at 23.6%. Thank you for your review of our project. If you have any questions or require any further information, please contact me. Sincerely, McKIM & CREED, P.A. Eric J. Frank, PE 2807 Noose Blvd, Bldg. 5 /att New Bern, NC 28562 cc: Kip Peregoy w/att File 252. 633. 5899 Fax 252,633.6551 S'.\313410050\40-Permt�torr ter\MMifimtionUtr-Scott Vinson Mod.doc w w w.mckimcreed. con, Re: Stonnwater Permit No. SW7070910 i Subject: Re: Stormwater Permit No. SW7070910 From: Scott Vinson <Scott.Vinson@ncmail.net> Date: Fri, 25 ,Ian 2008 0927:19 -0500 To: Eric Frank <EFrank @mckimcreed.com> CC: Kyle Barnes <kyle.barnes@ncmail.net> Eric, yes, this modification is acceptable and can be handled as a minor plan revision. If this is the only change, we will not require a permit modification with appl. & fee. This information will suffice for the plan revision and will be added to the file. Please keep me informed as to the stream call and the final decision as to which sized pipes will be installed. Please call or write if you have any questions. Thanks, Scott Eric Frank wrote: Hi Scott, Attached is a revised outlet structure for the pond for Bayberry Park Pod R-14 Carolina Colours, Phases 1 and 2. The original 36" barrel has been replaced with 2 24" barrels. It has essentially the same flow characteristics as the original structure. The revised design will allow us to raise the invert of the barrel and shorten the length to where it daylights. We would like to make this modification as there is some question as to the origin of a stream that this eventually drains to. The owner thinks that a stream call may have been performed on this stream to locate the origin and that the original design of the outlet would be within the buffer. This revised design would pull everything out of the potential buffer and discharge into what would be the natural draw upstream of the origin. Neither McKim and Creed nor the owner have any documentation from DWQ for this stream call. I have looked at where the origin is shown on the soils map (it doesn't show up on the quad sheet) and it scales in excess of 400 feet downstream from our discharge point, which is why I didn't consider it in the first place. I have a request in to Kyle to see if he has anything in his files indicating the location of the origin of this stream. Without knowing for certain, we are just trying to move forward in a conservative manner. If Kyle can't find a stream call for the origin of this stream, I would propose to stick with the original design based on the large distance from the stream origin as shown on the soils map. Likewise if he does find a stream call and it is downstream of our proposed outlet. Is the modification to the outlet structure acceptable? Thanks for your consideration of this modification. Sincerely, Eric Frank M*^C 'KIM/&/CREED ENGINEERS SURVEYORS PLANNERS 2807 Noose Boulevard Building 5 I ot2 1/25/2008 9:27 AM Re: Stormwater Permit No. SW7070910 1 New Bern, NC 28562 252.633.5899 252.633.6551 fax http://www.mckimcreed.corn <http://www.mckimcreed.com/> *From:* Jay Manning *Sent:* Friday, January 18, 2008 3:35 PM *To:* Eric Frank *Subject:* new outlet structure Jay Manning M*^C *KIM/&/CREED ENGINEERS SURVEYORS PLANNERS 2807 Neuse Boulevard Building 5 New Bern, NC 28562 252.633.5899 252.633.6551 fax http://www.mckimcreed.com <http://www.mckimcreed.com/> P*/ /**/Please consider the environment before printing this e-mail./* This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the system manager. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this e-mail and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this e-mail. 2 of 2 1/25/2008 9:27 A1v1 WET DETENTION POND PROFLE •• POID 9ECfIDN C srtsVV `a[wrc ua . sui sm..w mmf7YCII0.VZZ��T.. OINILEf HIf11CTlFE _p 577 _ 10 OFAWACE �. FUTURE DEVELOPMENT POND —1 All EBNWrt aw�r�a.a—A ATA­ AN AT arr nm wm W 1--1 NOT TO SCxE TURE LOP-MENT SPILLWAY NCRETE OUTLET STRUCTURE _ (SEE DETAIL) �z (2) 24- Ff5 INV EL. I J 00 /. , 72'X72'X7 CLASS B RIP —RAP ENERGY DISSIPATER INTH :> FILTER CLOTH LINER l -w ae,i %IvCIQ��Fi.1 Z.—Oau.m CAROLINA CREEK LLC CAROUNA COLOURS NEW BARN. NOR H O N ~ ccta EROSION CO GRADING, DRAINAGE, h EROSION CONTROL PRASE ONE & TWO DETENTION POND DETAIL d u p _ .. ra, cam mlln giTOax+ \N AAT\F9\ Michael F. Easley, Governor ,p ��\\oy William G. Ross Jr., Secretary �{i�1J�\J�\� r- North Carolina Department of Environment and Natural Resources � czzz '7 Coleen H. Sullins, Director 7 Division of Water Quality November 7, 2007 Mr. Kenneth I. Peregoy, Managing Member Carolina Creek, LLC 503 W. Thurman Rd. New Bern, NC 28562 Subject: Stormwater Permit No. SW7070910 Carolina Colours Bayberry Park, Ph 1 & 2 High Density Project Craven County Dear Mr. Peregoy: The Washington Regional Office received a complete Stormwater Management Permit Application for Carolina Colours Bayberry Park (POD R-14), Phases 1 and 2 on November 6, 2007. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 21-1.1000. We are forwarding Permit No. SW7070910 dated November 7, 2007, for the construction of the subject project. This permit shall be effective from the date of issuance until November 7, 2017, 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 and per the submitted application supplement forms. Failure to establish an adequate system for operation and maintenance of the stormwater management systems 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. incer4ly, AY,Hodge Regional Supervisor Surface Water Protection Section AH/sav: C:\STORMWATER\PERMIT\SW7070910 cc: Eric Frank, PE — McKim & Creed Craven County Building Inspections L,,Washington Regional Office Central Files North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Internet: www ncwaterouality�org 943 Washington Square Mall, Washington, NC 27889 Customer Service 1-877-623-6748 NNerCarol na uralIY An Equal OpportunitylAKrmative Action Employer — 50% Recycled110% Post Consumer Paper State Stormwater Management Systems Permit No. SW7070910 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 Carolina Creek, LLC Carolina Colours Bayberry Park, Phases 1 & 2 Craven County FOR THE construction, operation and maintenance of a wet detention basin and curb outlet swales 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 November 7, 2017, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. The overall tract built -upon area percentage for the project must be maintained at 30%, per the requirements of Section .1005 of the stormwater rules. The project is permitted for 80 lots, each limited to a maximum of (see Attachments A & B) square feet of built -upon area, as defined by the stormwater rules, and as indicated in the approved plans. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.9 on page 3 of this permit and per approved plans and specifications. The overall stormwater controls have been designed to handle the runoff from 6.95 acres of impervious area within the low density portion of the 30.00 acre project area and 11.87 acres of impervious area within the high density portion of the project area of 31.5 acres. 3. None of the 4.59 acres of "Future" impervious area accounted for in the design of the wet detention basin is allowed to be constructed until a modification to this permit is issued by the Division. Page 2 of 9 State Stormwater Management Systems Permit No. SW7070910 4. The project proposes the use of a wet detention basin to treat the high density portion of the project and multiple curb outlet swales to treat the low density portions of the project. Each designated curb outlet swale shown on the approved plans must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 5. No pi ing shall be allowed except those minimum amounts necessary to direct runoff beneath an impervious surface such as a road or under driveways to provide access to lots and the piping that is shown on the approved plans directing stormwater to the wet detention basin. 6. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be vegetated with.side slopes no steeper than 3:1 (H:V). 7. All stormwater collection, conveyance 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. 8. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control system designed for each drainage area. 9. The following design criteria have been provided in the wet detention pond and must be maintained at design condition as shown on approved plans: Drainage Area Number 6: To Wet Pond a. Drainage Area, acres: 31.50 (including 12.93ac Future) b. Total Impervious Surfaces, acres: 11.87 (including 4.59ac Future) C. Design Storm, inches: 1 d. Pond Depth, feet: 6.00 e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 16.00 g. Permanent Pool Surface Area, ftZ: 38,365 h. Permanent Storage Volume, ft3: 138,132 i. Temporary Storage Elevation, FMSL: 17.10 j. Temporary Storage Volume, ft3: 44,641 k. Controlling Orifice: 3.50" 0 pipe I. Receiving Stream/River Basin: Brice's Creek M. Stream Index Number: 27 — 101 — 40 — (1) n. Classification of Water Body: "C; Sw, NSW" Page 3 of 9 State Stormwater Management Systems Permit No. SW7070910 II. SCHEDULE OF COMPLIANCE. The stormwater management systems shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface, per the approved plans. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the systems will be repaired immediately. 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. Mowing 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 outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet 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. 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. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 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. Page 4 of 9 State Stormwater Management Systems Permit No. SW7070910 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 to the Division final site layout and grading plans for any permitted future/common areas shown on the approved plans and receive approval prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the project. 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 be effective from the date of issuance until November 7, 2017. 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. 14. Each lot in the subdivision covered by this permit will maintain a minimum 50 foot wide vegetative buffer between all impervious areas and surface waters. All roof drains must terminate at least 50' from the Mean High Water mark. 15. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. 16. Recorded deed restrictions must include, at a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7070910, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is (see BUA Per Lot table) square feet. These allotted amounts include any built -upon area constructed within the lot Property boundaries, and that portion of the right-of-way between the front lot ne and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons. h. Filling in, piping or altering any designated 5:1 curb outlet swale or vegetated area associated with the development is prohibited by any persons. Page 5 of 9 State Stormwater Management Systems Permit No. SW7070910 i. A 50' vegetated buffer must be maintained between all built -upon area and the Mean High Water line of surface waters. All roof drains shall terminate at least 50' from the Mean High Water mark. j. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 17. The permittee must submit a copy of the recorded deed restrictions within 30 days of the date of recording. 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. 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. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 6. 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. 7. 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. 8. 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. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. Page 6 of 9 State Stormwater Management Systems Permit No. SW7070910 10. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the 7ch day of November, 2007. ORTH CPyROLINA ENVIRONMENTAL MANAGEMENT COMMISSION L for Coleen . Sullins, erector Division of Water Quality By Authority of the Environmental Management Commission Stormwater Permit No. SW7070910 Page 7 of 9 State Stormwater Management Systems Permit No. SW7070910 Carolina Colours Bayberry Park (POD R-14), Phases 1 and 2 Stormwater Permit No. SW7070910 Craven Countv Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: Signature Registration Number Date SEAL Page 8 of 9 State Stormwater Management Systems Permit No. SW7070910 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 outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. . 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Washington Regional Office Craven County Building Inspections Page 9 of 9 RECEIVED State of North Carolina BB�� Department of Environment and Natural Resources SEP 17 2007 Division of Water Quality n� lVJ t �p� STORMWATER MANAGEMENT PERMIT APPLICATION FORM 9l� ®WQ-WAR® This frn•m maY be pholocol ied. in- use as an original 1. GENERAL INFORMATION: I. Applicant's came (specil'y the name of the corporation, individual, etc. who owns the project): Carolina Creck LLC 2. Print Owners/Signing Official's name and title (the person legally responsible for facility and compliance): Kenneth I. 3. Mailing Address for person listed in item 2 above: 503 W.'I'hurman Road City: New Bern 'I'dephonc Number: 252.636.3700 State: NC Zip: 28562 4. Project Name (subdivision, facility, or establishment name - should be consistent With project acme on plans, specilicalions, letters, operation and maintenance agreements, etc.): Carolina Colours Bavberry Park (POD R-14) Pbascs I and 2 5. Location of' Project (street address): Intersection ol' Waterscape Crossing and Baybeny Park Drive. City: New Bern County: Craven 6. Directions to project (from nearest major intersection): Approximately 0.25 miles southwest ol' Thurman Rd./US 70 intersection to Waterscape Way. Make Waterscape Way to Della Drive. The pi-oiect is located on south -side of' Waterscape Way at the intersection ofthe Waterscape Way and Delft Drive. 7. Latitude: 35' 00' 35" N Longitude: 77' 59'-53" W 8. Contact person Who can answer questions about the project: of project Name: Lric J. Frank, PE Telephone Number: (252) 633-5899 IL PERMIT INFORMATION: I. Specify Whether project is (check one): X New Renewal Modification Form: SWU-101 Version 3.99 Page I of4 2. If this application is being submitted as the result of a renewal or modification to all existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of prgjcct (check one): ® Low Density ® High Density ❑ Redevelop ❑ General Permit ❑ Other 4. Additional Project Requirements (check applicable blanks): ❑ CAMA Major ® Sediment/L'-rosion Control ❑ 404/401 Permit ❑ NPDLS Stormwater Information on required stale permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. 111111. PROJECT INFORMATION I . In the space provided below, summarize how stormwater will t treated. Also attach a detailed narrative (one to two pages) describing stormwatcr management for the project. In the low density section, stormwater will exit the site and receive treatment via swaleS minimum 100' long with 5:1 side slopes. The stormwatcr from the pocket of high density shall be treated in a wet detention 2. Stormwater runoff from this project drains to the Neuse River basin. 3. Total Project Area: 48.56 acres 5. I -low many drainage areas does the project have? 4. Project Built Upon Area: 0 29.29 % 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. Taal Proicct Area: Basin Information Draina c Area Total ,., 0 1 4 Drainage Area2. «'!� t Receiving Stream Name Brice's Creek See Attached Supplement Receiving Stream Class C; SW: NSW Draina'eArea z(S',5-k 2,115,351 SI' .42a Lxistin * Impervious* Area 0 Proposed Impervious* Area 619.568 SF % Impervious* Area (total) 29.29 % Impervious* Surface Area 7, Drainage Area Total ; I-. 'Drainage Area On -site Buildings 394,956 Sl- p 7 See Attached Supplement On -site Streets 180,826 SF s S On -site Parking 0 On -site Sidewalks 43,786 SF e 1 ,oI Other on -site Off site Total: 619,568SF * Impervious area is defined cis Are built upon area including, hul nal limited lo, buildings, roads, parking areas, sidewalks, grovel areas, etc. 01 Version 3.99 Page 2 of 4 Toy o A; 3627E fi .4 fl� 0116�A, SWU 101 Carolina Colours -Bayberry Park, Phases 1 & 2 DENSITY CHARTS yo 694 FIIG,HIDEE_ Y*_ ! Basin nfornlation Drainage Area 6 (Phase I) 'Drainage'Area 6 Futuna ' Drainage Area 6' `,(Total) Receiving Stream Name Brice's Creek Brice's Creek Brice's Creek Receiving Stream Class SC: SW: NSW SC: SW: NSW SC: SW: NSW Drainage Area 808,856 SF �,_ 7 561269 SF_ 1,2, V 1,372,123 rj • e F,xisting Impervious* Area 0 0 0 Proposed Inl pervious* Area 316,958 SF I99,990 SF 516,948 SF `90 Inl pervious* Area (total) 39.2% 35.5% 37.7% Impervious* Surface Area , Drainage Area 6 . Phase l Drainage'Area6 Future - " Drainage'Arva6 Total - On -site Buildings 174,877 SI' ,O 79A29 SF 254,306 SF On -site Streets 108,906 SF 92.284 SI' 201.022 SI' On -site Parking 0 0 0 On -site Sidewalks 33,342 SF-0,77, 28,277 SF 61,619 SF Other on -site 0 0 0 Off site /A5_0 0 _157S 0 Total: 8SF,7.t 1 99n990 S F_- I516,948-Sr= *This area drains to the wet detention pond and includes all anticipated future area p f 27�­ draining to the pond with the lots developed at 40% impervious. LOW DENSITY, Basin Information Drdiltage Mea'"" Low Density Receiving Stream Nanlc Brice's Creek Receiving Stream Class SC: SW: NSW Draina gc Area 1.306.488 SF = o Existing Inl pcl'vious* Area 0 Proposed Impervious* Area 302,610 SF % Impervious* Area (total) 1 23% Impervious* Surface Area , Drainage Area ,Low Densitynx On -site Buildings 220,079 SF j, Oil -site Streets 72.097 S17 $ On -site Parking 0 On -site Sidewalks 10,444 SP Other on -site Future Off site (existing) Total: 3 02.6 10 SFs i. Flow was the off =site impervious area listed derived? IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, out parcels and Future development prior to sale of any lot. If lot sizes vary significantly, it table listing each lot number, size and the allowable built upon area for each lot must be provided as an attachment. 1. The,folloming covenants are nvendcd ro ensure ongoing compliance with s7ale nxuuigeurent permit number as issued by the Division of Water Quality. These covenants my not he clanged or deleted without the consent of the State. 2. No more than See attached table square feei gjan� lot shall be covered bi, suvciures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, scone, slate or similar material but do not include wood decking or the water sui fhce of swimming pools. 3. Swales shall not be filled in, pipeel, or ahered except as necessary to provide drivewmv crossings. 4. Built -upon area in excess ol'the permitted amount requires astute .sto nnvater management permit modilication prior to consn•uction. J. AB permitted rune%f from out parcels or fiiunre development shall he directed into the permitted siornnvater control sivem. These connections to the stornnrater controls - vstem shall be peifiirmeal in a manner that maintains the integri(v cnnl peifbrnunce of the system aspermitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable item 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 "french Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement w Form: SWU-101 Version 3.99 Page 3 of4 'VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should he submitted to the appropriate DWQ Regional Office. I. Please indicate that you have provided the following required information by initialing in the space provided next to each item. nitials • Original and one coot/ of the Stormwater Manasement Permit Application Form • One coDv of the aoDlicable SLIDDlement Form(s) for each BMP • Permit application orocessine fee of S420 (savable to NCDFNR) A/ • Detailed narrative descriotion of stormwater treatment/manaeemenC • Two coDies of Dlans and soccifications. includine: - 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 olT site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated butters (where required) V11. AGENTAUTHORIZATION Ifyou wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (in(lividual or firm): Eric J. Frank, PE, McKim & Creed PA Mailing Address: 2807 Neese Blvd., Bldg. 5 City: New Bern State: NC Zip: 28562 Phone: (252) 633-5899 Fax: (252) 633-6551 Vill. APPLICANT'S CERTIFICATION I, (print or 1ppe name of person listed in General lgformalion, dent 2) Kenneth I. Peregoy 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. A Signature: Date: -21 0 7 Form:SWU-101 Version3.99 Page 4of4 Permit No. :S J 7o 7,o9/o (to he provided by DIVO) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMEN'1 PERMIT' APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form maY he phoiocopied for use as on original DWO Stormwaler Manaacment Plan Review: A complete stormwatcr management plan submittal includes a wet detention basin supplement for each basin, design calculations, plans and specifications showing all basin and outlet structure details, and a fully executed operation and maintenance agreement. 1. PRO.IEC7' INEORMA'FION (please complete the following information): Project Name: Bayberry Park (POD R-14) Phases I & 2 Contact Person: Kenneth 1. Peregoy Phone Number: 252-636-3700 For project with multiple basins, specify which basin this worksheet applies to: N/A Elevalions Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation Area Permanent Pool Surlttcc Area Drainage Area Impervious Area Volumes Permanent Pool Volume "temporary Pool Volume Forebay Volume Other parameters SA/DA Diameter of Orificc Design Rainfall Design "hSS Removal Z 10.00 It. (floor of the husin) 16.00 ft. (elevation of the orifice) 17.10 ft. (elevation of the discharge .structure orerllon) 38.365 sq. tt. (wuier suif ice area at the orifice elev(mion) 31.5 ac, (on -sire f--site and of dreinage to the husin) 1 19 ac. (on -site and off -site ch•ainage to the husin) 138.132 cu. It. (combined volume of main basin mid.foreba-1) 44,641 cu. IL (volume detained above the permanent pool) 29,724 cu. fl. (approrimaieh, 20%cftotal volume) 2.00 % (sitif ice area to drainage co-ed ratio from DWQ lahle) 3.50 in. (2 to 5 clgv temporary pool (haiv-doirn required) 1 in. 90 % (mininmm 85 , required) Form: SWU-102 Rev. 3.99 Page I ol'4 Footnotes: When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the amaal impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. - ,i'he requirement for a vegetative filter stay be waived if the wet detention basin is designed to meet 90`YU TSS removal. 11. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices manual (N.C. Department of Environment, Health and Natural Resources, November 1999) and Administrative Code Section: 15 A NCAC 21-I .1008. Initial in the space provided to indicate the following design requirements have been mct and supporting documentation is attached. II' the applicant has designated an agent in the Stormwater Managemrent Permit Application Form, the agent may initial below. If a requirement has not been met, attach ,justification. Applicants Initials a. The permanent pool depth is between 3 and 6 feet (required mininuun ot'3 feet). b. The Ibrebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. d. The temporary pool draws down in 2 to 5 days. /U/h e. It'required, a 3046ot vegetative filter is provided at the outlet (include non -erosive flow calculations) f. The basin length to width ratio is greater than 3: I. g. The basin side slopes above the permanent pool are no steeper than 3:1. h. A submerged and vegetated perimeter shell'with a slope ol'6:1 or less (show detail) (� i. Vegetative cover above the permanent pool elevation is specified. _ j. A trash rack or similar device is provided for both the overflow and orifice. k. A recorded drainage easement is provided for each basin including access to nearest right -of, way. I. Il'the basin is used for sediment and erosion control during construction, clean out 01' the basin is specified prior to use a wet detention basin. e:� ;7 in. A mechanism is specified which will drain the basin for maintenance or an emergency. III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if'one is provided. This system (check one) (E) does (®) flocs not incorporate a vegetated filter at the outlet. This system (check one) (Q) does (0) does not incorporate pretreatment other than a forebay. Form: SWU-102 Rev. 3.99 Page of4 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 clays as designed. 2. Repair eroded areas immediately; re -seed as necessary to maintain good vegetative cover, now vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads I I feet in the main pond, the sediment shall be removed. When the permanent pool depth reads I 1 feet in the fore bay, the sediment shall be removed. Sediment RemmAEl. I 1 1 5 Bottom ElevationA 10 FOREBAY BASIN DIAGRAM (fill (e the hlneka) Permanent Pool Elevation 16 Sediment Removal Elevation 11 5 Bottom Elevation 10 1 MAIN POND 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shell'and fore bay berm. 6. If the basin must be drained I'or an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. 7. All components of the wet detention basin system shall be maintained in good working order. Form: SWU-102 Rev. 3.99 Page 3 ol'4 I acknowledge and agree by my signature below that 1 am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Kenneth I. Peregpy, Carolina Creek, LLC Title Address: 503 W. Thurman Road. New Bern, NC 28562 Phone: Signatu Dale: v 1 Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I�-G�Z'Plvli. L ��� � Notary Public for the State of North Carolina County ol'Craven, do hereby certify that Kenneth 1. Percaoy personally appeared before me this 23rd day of Auk, 2007, and acknowledge the due execution ofthc foregoing wet detention basin maintenance requirements. Witness my hand and official seal. , TAR) 'OUBOG S13Al- My commission expires Form: S W U-102 Rev. 3.99 Page 4 of 4 Permit No. SU % D / ;2 / o (to be pi ovidcd br= DIVQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGI MENf PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low -density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low destiny projects should not have a discrete stormwater collection system as defined by 15A NCAC 21-1 .1002(18). Low -density requirements and density factors can be found in 15A NCAC 21-1 .1005 through .1007. 1. PROJECT INFORMATION Project Name: Carolina Colours (Conventional Subdivision) Bayberry Park (POD R-14) Phases I & 2 Contact Person: Eric J. Frank, PE Phone Number: 252-633-5899 Number of Lots: 8o Allowable Built Upon Area Per Lot*: See Table *11'lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers, and provide area subtotals and totals. 11. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculations in the space provided below where: • SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the development results in high -density pockets. • DF Density Factor - the appropriate percent built upon area dived by 100. • RA Road Area - the total impervious surface occupied by roadways. • OA Other Area - the total area ofimpervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots - the total number of Tots in the subdivision. • BUA/L.ot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. Form: SWU-104 Rev. 3.99 Page I oft (SAxDF)—RA—OA = I3UA No. Lots Lots Canon: See Table M. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. Il'the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Applicants Initials a. A 30-foot vegetative brdTer is provided adjacent to surface waters. Projects in the NeuSe River basin may require additional buffers. b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy ol'the recorded document shall be provided by DWQ within 30 days of platting and prior to sale ol'any lots. c. Built upon area calculations are provided for the overall project and all lots. �-,7- cf. Project conforms to low density requirements within the ORW AEC (il'applicable). 115A NCAC 21-1 .1007(2)(b)I Form: SWU-104 Rev. 3.99 Page 2 of NCDWQ —/LOW DENSITY LOW DENSRY PHASE ONE LOT No. AREA IMPERVIOUS(30%) (MAX. 8000 sf) 1 12973 3892 2 10500 3150 3 10500 3150 4 10500 3150 5 15338 4601 9 10744 3223 10 10500 3150 11 10500 3150 12 IDODO 3150 13 10500 3150 14 10500 3150 15 10500 3150 16 10500 3150 47 11979 3594 48 10500 3150 49 10500 3150 50 11979 3594 SUBTOTAL PHONE . 189013 56704 LOW DENSRY PHASE TWO LOT No AREA IMPERVIOUS (30%) (MAX. 8000) 201 32949 8000 202 32032 8000 203 29599 8000 204 25639 7692 205 22805 6842 206 34354 8000 207 40735 BOD0 208 33453 8000 209 28632 8000 210 21124 6337 211 20738 6221 212 26809 8000 213 21319 6396 214 31024 8000 215 2170E 6512 216 16807 5042 217 18721 5616 218 31491 8000 219 27364 8000 220 28564 8000 221 17215 5165 222 13000 5400 223 20508 6152 SUBTOTAL PH. TWO 601590 163375 SUBTOTAL PH. ONE 189013 56704 TOTAL LOT AREA 790,603 TOTAL MPERVIOUS 220,079 Carolina Colours Bayberry Park (POD R-14) part of Phase 1 & Phase 2 CiLy of New Bern, NC City of New Bern — No. 5 TWP — CRAVEN CO. — NORTH CAROLINA DATE: August 31, 2007 SCALE: 1"=None ATTACHMENT A �NF M&CREED LOT AREA CHART 2807 NEUSE BLVD. BLDG 5 NEW BERN, NORTH CAROLINA 28560 NCDENR—DWO TELE (252) 633-5899 FAX: (252) 633-6551 LOW DENS EY SUPPLEMENT NCDWQ — HIGH DENSITY HKIH DENSITY PHASE ONE Lot No. AREA IMPERVIOUS (40%) 6 11297 4519 7 11250 4500 8 11250 4500 17 10500 4200 18 10500 4200 19 10500 4200 20 10500 4200 21 11979 4792 22 10500 4200 23 10500 4200 24 11979 4792 25 10500 4200 26 10500 4200 27 10500 4200 28 10500 4200 29 10494 4198 30 10766 4306 31 10505 4202 32 10500 4200 33 10500 4200 34 10500 4200 35 10500 4200 36 11979 4792 37 10500 4200 38 10500 4200 39 11979 4792 40 10500 4200 41 10500 4200 42 10500 4200 43 10500 4200 44 10500 4200 45 12012 4805 46 16223 6489 51 10500 4200 52 10500 4200 53 10500 4200 54 10500 4200 55 10500 4200 56 10500 4200 57 11979 4792 TOTAL 437192 174877 Carolina Colours Bayberry Park (POD R-14) Phase 1 City of New Bern, NC City of New Bern - No. 8 TWP - CRAVEN CO. - NORTH CAROLINA DATE: August 31, 2007 SCALE: 1"=None ATTACHMENT B vNFI4&CREED HK;ti DBrB(TY -LOT AREA CHART 2807 NEUSE BLW, 5 NEW BERN, NORhI CARWNA NA 28560 NCDENR-DWO 1ELE: (252) 633-5899 FAX: (252) 633-6551 Permit No. J (,l rI 0'7 P9/ 0 (to be provided hY DINQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality S I'ORMWATER MANAGEMENT' FERMI'I' APPLICATION FORM CURB OUTLET SYSTEM SUPPLEMENT FOR I,Oty DHNSrt'Y nENT1,0'AIFNI%VI I'It CUR¢ AND Go ITFR Phis fiu•m n+cry he photocopied fi)r rise as an orioml DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a storn»vater management permit application, a curb Millet system supplement, a low density supplement, design calculations, and plans and specifications showing all stormwater conveyances and curb outlet details. 1. PROJECT INFORMATION Project Name: Carolina Colours (Conventional Subdivision) Bayberry Park (POD R-14Rhase I & 2 Contact Person: Uric J. Frank PF Phone Number: 252-633-5899 Curb outlets to (check one): ® Swale ❑ Vegetated Area 11. REQUIRED ITEMS CIIECKLIST The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A NCAC 21-1 .1008. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached. II' the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attachjustilication. Applicants Initials a. Curb outlets direct flow to a Swale or vegetated area. b. Swales or vegetated areas receiving curb outlet flow are designed to cant', at a minimum, the peak flow from the 10-,year storm. c. Flow velocity is non -erosive for peak flow from the 10-year storm event. d. Longitudinal slope of the Swale or vegetated area does not exceed 5°/u. e. Side slopes of the swale or vegetated area arc no steeper than 5:1 (horizontal to vertical). f. Length of swale or vegetated area is > 100 feet. g. The system takes into account the run-off at ultimate built -out potential fi-om all surfaces draining to the system (delineate drainage area for each swale). It. Swales are located in recorded drainage easements. i. Grass type(s) for permanent vegetative cover specified on detail. j. Swale detail provided on plans. Form SWU-105 Ver 3.99 Page I of If E 4r Ill. DESIGN INFORMATION Complete the following table. If additional space is needed the information should be provided in the same format as Table I and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the Stale of North Carolina Erosion and Sediment Control Planning and Design Manual. Table I. Swale Dvgion Infnrmntinn SIva le" No .t. Arca" ac -o m el,vulilsn pti . - W i Area ac u,,,t�as, Gt asseds �'"' a t Alca sac aC �' h a a `Q1(10} r' 7 „ - c Y_..� V illow; d+ a. Vactual r ti r I 0.79 0.34 0.45 0.49 2.8 5 2.53 0.42 2 0.91 0.50 0.41 0.45 3.9 5 2.44 0.52 3 3.82 0.82 3.00 0.32 7.9 5 1.83 0.88 4 8.50 2.13 6.37 0.35 17.6 5 4.05 0.88 5 3.03 0.58 2.45 0.30 5.1 5 1.50 0.77 6a 1.28 0.51 0.77 0.47 4.1 5 1.74 0.64 6b 1.87 0.75 1.12 0.47 5.6 5 1.68 0.77 6c 1.91 0.76 1.15 0.47 5.5 5 1.86 0.72 7 1.08 0.47 0.61 0.50 3.7 5 3.46 0.42 8 2.01 0.59 1.42 0.38 5.0 5 1.38 0.80 'JDLI ECEI d .F:1v OCT 16 2007 DWQ PROJ # Sc,.Ar -1315,6N,66�-6c at - peft-A-C� 5Lvs4q, Form S W U-105 V er 3.99 Page 2 of 3 M. CURB OUTLET SYSTEM MAINTENANCE REQUIREMENTS I. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time. 2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up, erosion. and trash accumulation. 3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment removal. 4. Eroded areas of the Swales will be repaired and reseeded. Swales will be revcgetatcd as needed and in a timely manner based on the monthly inspections. 5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every significant runolTproducing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices and piping. 6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality. I acknowledge and agree by my signature below that I am responsible for the performance of the six maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title: Kenneth I. Peregoy. Carolina Creek, LLC, Manager Address: 503 West Thurman Road, New Bern, NC 28562 Phone: (252) 633-3700 ca Date: Signature: Note The legalll, responsible party shou N not be a homeowners association unless more than 50% of the lots have been sold (md a resident of the subdivision has been named the president. a Notary Public for the State of -- North Carolina County of _Craven do hereby cci-4 that Kenneth I. Peregoy personally appeared before me this day of _Aueust 23rd_, rcquircmcnts. Wltnl acknowledge the due execution of the forgoing infiltration basin maintenance s�dj�• ehaw711 and official seal, NOTARY �^ \I:°UBUG .�US My commission expiresfiz&7 tI f I3 DD� Form SWU-105 Ver 3.99 Page 3 of �MCIQMCREED TO. NCDENR—DWQ 943 Washington Square Mall Washington, NC 27889 A'I'I'EN'11ONMr. Scott Vinson WE ARE SENDING: ❑ Orioials ❑ Prints ❑ Specifications ❑ Calculations LETTER OF TRANSMITTAL DATE: _ November 5, 2007 reopicrNO: 031340050 '1ASK NO, 40 Re: Carolina Colours Bayberry Park, Phases I and 2 1RANS\11'1-1'AL NO: IS\GE I OP I ❑ Shop Drawings ❑ Samples ❑ Other - Quantity Drawing No. Rev. Description Status 2 Sheets 4 and 6 revised NOV 0 6 2007 DWQ PROJ # Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid E. Construction F. For Review & Comments G. For Approval H. See Remarks Action Status Code: 'I. No Exceptions Taken 2. Make Corrections Noted 3. Other 4. Amend & Resubmit 5. Rejected - See Remarks REMARKS: Drainage easement has been added to Swale N4. 2807 Nanse Umdevard, IhiilJing 5 New Gem NC, 28562(252) 633-589911'HONEI (252) G99-6551 (PAS Fit PA S:\313d\INI$0\40-1'armil\Sbnnm'oler\'1'r-$colt Vinson -Sheets I And 62.Doc RE: Car.Colours - Bayberry Park Subject: RE: Car.Colours - Bayberry Park From: "Eric Frank" <EFrank@mckimcreed.com> Date: Mon, 5 Nov 2007 08:27:18 -0500 To: "Scott Vinson" <Scott.Vinson@ncmail.net> We'll get the drawings to you. Sorry we missed that and thanks for your patience. Eric Frank McKim & Creed 2807 Neuse Boulevard Building 5 New Bern NC, 28562 252.633.5899 252.633.6551 fax www.mckimcreed.com -----Original Message ----- From: Scott Vinson[mailto:Scott.vinson@ncmail.netl Sent: Friday, November 02, 2007 5:08 PM To: Eric Frank Subject: Car.Colours - Bayberry Park Eric, Regarding SW application SW7070910, Carolina Colours - Bayberry Park, Ph 1 & 2. Curb outlet Swale #4 running down lot #211 still needs a drainage easement shown on plan sheets 4 & 6. Please submit 2 copies of revised plan sheets 4 & 6 by Tuesday, November 6, 2007 if at all possible. Thanks, Scott Vinson This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are 'addressed. If you have received this e-mail in error please notify the system manager. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this e-mail and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this e-mail. I of I 1 I/6/2007 4:29 PM Car.Colours - Bayberry Park Subject: Car.Colours - Bayberry Park From: Scott Vinson <Scott.Vinson@ncmail.net> Date: Fri, 02 Nov 2007 17:08:24 -0400 To: Eric Frank <EFrank@mckimcreed.com> Eric, Regarding SW application SW7070910, Carolina Colours - Bayberry Park, Ph 1 & 2. Curb outlet Swale #4 running down lot #211 still needs a drainage easement shown on plan sheets 4 & 6. Please submit 2 copies of revised plan sheets 4 & 6 by Tuesday, November 6, 2007 if at all possible. Thanks, Scott Vinson 1 of 1 11/2/2007 5:08 PM vMCIQM&CREED '10: NCDENR — DWQ 943 Washington Square Mall Washington, NC 27889 A'rl'CN'HON: Mr. Scott Vinson WE ARE SENDING: ❑ Originals ❑ Prints ❑ Specifications ❑ Calculations LETTER OF TRANSMITTAL °ATE' October 26, 2007 PROJGaN0- 031340050 '1ASK NO- 40 RE: Carolina Colours Bayberry Park, Phases 1 and 2 'rRANSMI'ITALNO. PAGE, 1 01: 1 ❑ Shop Drawings ❑ Samples ❑ Other - Quantity Drawing No. Rev. Description Status 2 Sheets 4 and 6 revised rr 9 n qnn Issue Status Code A. Preliminary B. Fabrication Only C. For Information D. Bid E. Construction F. For Review & Comments G. For Approval I-1. See Remarks Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other 4. Amend & Resubmit 5. Rejected - See Remarks REMARKS: Per our phone conversation on 10-26-07, revised sheets 4 and 6 are attached. The swale numbers have been changed to be consistent and drainage easements are shown on all swales. 2807Neuse❑olJevnrci,Buildine5New Om'nINC, 28562(252)633-5899(PI-IONE)(252)633-6s Pile 5',A3134V0050A40-Fermi tASlornnsaterA I r-Scull Vinson -Sheets 4 And 6.1)uc � —i Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 26, 2007 Alan W. Klimek, P.E. Director Division of Water Quality A PHONE LOG OF A REQUEST FOR ADDITIONAL INFORMATION MADE ON October 26, 2007 AT APPROXIMATELY 2:50PM & MADE TO ERIC FRANK, PE REQUE.STION THE FOLLOWIN: Subject: Stormwater Review SW7070910 Carolina Colours Bayberry Park, Ph 1&2 Craven County This office received a Coastal Stormwater permit application and plans for the subject project on September 17, 2007 and additional information on October 16, 2007 A preliminary review of the project indicates that before a State Stormwater permit can be issued the following additional information is needed. 1) Plan sheet #4 has swales #7 & #8 mislabeled as swales 6 & 7. Please correct. 2) There are no drainage easements called out on revised plans sheets. Please submit 2 copies of plan sheets 4 & 6 showing the needed easements down swales # 1, 2, 7, 8 & 4. Please have this information submitted by October 29, 2007. Eric said he would have the revised plans out and in the mail today. Scott Vinson / / EnvironmentaEngineer Washington Regional Office cc: Eric Frank, PE — McKim & Creed Washington Regional Office horthCarof. �1 nlurn/t North Carolina Division of Water Quality Washington Regional Office Phone (252) 9466481 FAX (252) 946-9215 Customer Service Internet: h2o.enrstate.nc.us 943 Washington Suuare Mall. Washington, NC 27889 1-877623-6748 �McIQM&CREED October 16, 2007 Mr. Scott Vinson NCDENR-DWQ 943 Washington Square Mall Washington, INC 27889 RE: Stormwater Review SW 7070910 Carolina Colours, Bayberry Park, Ph 1&2 Dear Mr. Vinson: E NG I N F E RS SURVEYORS PLANNERS M&C 031340050 (40) ECEI�TEIU OCT 16 2007 DWQ PROD # This letter is in response to your request for information from Mr. Kenneth I. Peregoy, dated October 2, 2007. The following responses are given in the order presented in your letter. Please refer to the included plans for clarification. 1. Rather than add a swale between 205 and 206, the stormwater was routed through swale #2 through the edge of lot #214 as shown on the attached drawing. This is a low flow 5:1 sideslope swale over 100' long, capturing primarily street water. Swale #1 has been moved to discharge on the other side of the road. This will allow for a swale in excess of 1 00'with 5:1 side slopes. 2. This alternative plan will negate the need for another level spreader. 3. This plan will eliminate all level spreaders. 4. With the attached plan the water that was flowing to the intersection of Jade Court and Spring Green Pass will be rerouted to curb outlets on Jade Court leading to Swales #7 and #8. That will eliminate the piping between lots 208 and 209 as well as the pipes under the intersection of Jade Court and Spring Green Pass. By adding a pipe between CB 8 and CB 11 the pipe between lots 210 and 211 can be eliminated. This will allow the water to be discharged at a natural low spot and eliminate unnecessary excavation. The stormwater 2807 Neuse Rlvd. Bldg. 5 will also be discharged to an area with a flatter grade than the backslope of lots 210 and 211 - avoiding a potential erosion control problem. New Bern, NC 28562 Finally, the flatter grade and longer distance to the wetlands and buffer areas will allow for slower, less erosive flows and greater treatment time. 252 633,5899 Overall, the revised plan would eliminate a net 265 ft. of piping. Faz 252. 633. 6551 S:3 134\00MW Permtl lcrmalerWr- Scotl Vinson RFl response.00c w ww.mcklmcrenA.corn Mr. Scott Vinson October 16, 2007 Page 2 5. Sheet 2 of the SWU-105 form has been updated to reflect the new drainage areas. The plans and calculations have been updated as well. Revised copies are attached. 6. It is noted that no development is to take place in the areas labeled "Future Development" until plans for that area have been properly reviewed and permitted by DWQ. 7. All documents being resubmitted have been signed and sealed. 8. A check for $500.00 is attached. Thank you for your review of this project. If you require any additional information, please contact me. Sincerely, McKIM & CREED, P.A. Eric J. Frank, PE /att cc: Kip Peregoy File 5.Ql34\OOM0 o-Permt\torm terUtr-Scott Vinson-RFI responseAm v � MqC M&CREED Re: R-14 resubmittal Subject: Re: R-14 resubmittal From: Scott Vinson <Scott.Vinson@ncmail.net> Date: Mon, 15 Oct 2007 11:27:25 -0400 To: Eric Frank <EFrank@mckimcreed.com> Eric, That would be fine. Thanks for writing, Scott Eric Frank wrote: Scott, While assembling the package for the R-14 resubmittal this morning, I noticed some errors in the calculations. If it is o.k. with you, I would like another day to correct the errors. This would extend the submittal date to Tuesday, October 16, 2007. Thank you, Eric Frank M*^C *KIM/&/CREED ENGINEERS SURVEYORS PLANNERS 2807 Neuse Boulevard Building 5 New Bern, NC 28562 252.633.5899 252.633.6551 fax http://www.mckimcreed.com <http://www.mckimcreed.com/> This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the system manager. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this e-mail and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this e-mail. I of 1 10/15/2007 11:27 AM Re: Bayberry Park Stormwater Review SW7070910 mai Ibox:///Cl/Documents%2Oand%2OSettings/Owner/Application%... Subject: Re: Bayberry Park Stormwater Review SW7070910 From: Scott Vinson <Scott. Vinson@ncmail. net> Date: Tue, 09 Oct 2007 08:56:43 -0400 To: Eric Frank <EFrank@mckimcreed.com> Yes, thank you Eric, this is fine. The required submittal date has been extended until October 15, 2007. Please call or write if you have any questions, Scott Eric Frank wrote: Scott, Pursuant to our conversation today, I am requesting an extension until Monday, October 15, 2007 to reply to your RFI for the stormwater project referenced above. The redesign we discussed will require changing the plan and profile of Spring Green Pass and Jade Court, redefining the drainage areas, revising the pipe charts, and updating the calculations and permit. Please let me know if this extension meets with your approval. Thank you, Eric Frank M*^C *KIM/6/CREED ENGINEERS SURVEYORS PLANNERS 2807 Neuse Boulevard Building 5 New Bern, NC 28562 252.633.5899 252.633.6551 fax http://www.mckimcreed.com <http://www.mckimcreed.com/> This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the system manager. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this e-mail and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this e-mail. 1 of 1 10/9/2007 9:02 AM �F WNA7-Fq Michael F. Easley, Governor — William G. Ross Jr.. Secretary ar North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 2, 2007 Mr. Kenneth 1. Peregoy, Member/Manager Carolina Creek, LLC 503 W. Thurman Rd. New Bern, NC 28562 Subject: Stormwater Review SW7070910 Carolina Colours Bayberry Park, Ph 1&2 Craven County Dear Mr. Peregoy: This office received a Coastal Stormwater permit application and plans for the subject project on September 17, 2007. A preliminary review of the project indicates that before a State Stormwater permit can be issued the following additional information is needed. I ) A new curb outlet Swale needs to be provided for the curbed road runoff from Drainage Area #7. The runoff from this curbed section of street will not receive the same high amount of treatment required when it is discharged into an existing ditch with such an additionally large drainage area also draining through it (D.A.47 & #7a). Move the road's low point north in order to place a new 5:1 curb outlet swale between lots 205 & 206. Revise plans, calculations & supplement forms as needed. 2) A new level spreader will also be required for this new swale that drains to the Neuse buffer. 3) Please provide a Level Spreader Supplement form for each level spreader and a signed Operation & Maintenance agreement for all level spreaders. This can be found at the website http://h2o.enrstate.naus/su/binu fonns.hpn . (On Excel supplement forms note the additional tabs found at the bottom.) 4) Please remove the excessive piping (P8 & PI1) between lots 208-209 & 210-211 and extend the grassed Swales #2 & #3 up as close to the road as possible. This is not considered minimal piping for low density developments. 5) On the Curb Outlet Supplement form, Swale #4 has a drainage area of 2.63ac. The corresponding drainage area #4 found on plan sheet 8 has a drainage area of 4.39ac. Please verify and correct form, plans and calculations as needed. 6) Please note that the lots not numbered within the "Future Area" draining to the wet detention pond and the associated streets have only be taken into account for the pond design and cannot be constructed until a complete set of plans showing lot numbers, boundaries, & proposed impervious areas with proposed deed restrictions are submitted and approved by this Office. 7) Please do not forget to have plans, calculations, supplements, narrative, etc. revised, signed, sealed and dated as necessary when re -submitting. 8) Please provide the 25% additional information fee associated with the Express Stormwater Review Program of $500.00 by check made payable to "NC DENR". N'o°�C hcarol wrilura! North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service Internet. h2o.encstate.ncus 943 Washirnr nn Sounre Mall. Washineton. NC 27889 - 1-977-623-6749 The above requested information must be received in this office prior to October 10, 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. U 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 Washington Regional Office cc: Eric Frank, PE — McKim & Creed Washington Regional Office RE: Baybeny at Carolina Colours imap://cros. ncmail.net:993/fetch°/u3EUID%3E/INBOX%3E 16427 ?he... Subject: RE: Bayberry at Carolina Colours From: "Eric Frank" <EFrank@tnckimcreed.com> Date: Thu, 4 Oct 2007 14:58:40 -0400 To: "Scott Vinson" <Scott.Vinson@ncmail.net> Scott, Thanks for your comments. I have attached a sketch plan of some alternate routing of the stormwater for your review. 1. I understand your concern about discharging into the natural draw between lots 206 and 201, but would like to present some comments of why I think it is a good solution and meets the requirements of a curb outlet system. a) Our calculations may have been misleading to show Drainage Areas 7a and 5* as draining to FES 3 for large storms. A spillway can be seen on Sheet 8 in the northwest corner of "Detention Pond #3" from which the water from the pond takes an alternate route bypassing the proposed development. The 18" pipe under the road would pass a maximum of about 10-15 cfs (see Attachment A) before the water would start going over the spillway. So it was a very conservative approach to include areas 7a and 5 when sizing the pipe using the 10 year storm going under Spring Green Pass. i.e. A quick ratio of the areas of areas 5+7a/5+7a+7=27.37/40.09=.68 applied to the computed flow of 62 cfs would yield an expected flow at the outlet of the pond of around 42 cfs of which about 15 cfs is going through the 18" pipe. This ignores the attenuation effects of the pond. In summary, there is not as much water flowing through the draw as suggested by the size of the drainage area. *an incorrect area was shown in our pipe calculations - it should be 40.09 acres draining to FES 3. Revised calcs attached - Attachment B b) Most treatment systems are designed to treat the runoff from a 1" storm. I have attached some calculations (Attachment C) showing that the runoff from a 1" storm produces a flow in the natural draw with a depth of 0.11 feet at 1.27 fps. This shallow depth and low velocity would suggest that the draw could perform its intended function as a curb outlet swale. c) The natural draw has side slopes of approximately 10:1 and a length of 200 feet. Both are double the requirements for a curb outlet Swale. 2. This alternative plan will negate the need for another level spreader. 3. The attached plan will eliminate all level spreaders. As shown on the attached plan Swale #1 it is proposed to run between lot 213 and 214 instead of lots 203 and 204. It will be a 5:1 side slope swale and the calculations will be revised accordingly. 4. With the attached plan, the water that was flowing to the intersection of Jade Court and Spring Green Pass will be rerouted to curb outlets on Jade Court leading to Swales #6 and U . That will eliminate the piping between lots 208 and 209 as well as the pipes under the intersection of Jade Court and Spring Green Pass. By adding a pipe between CB 8 and CB 11, the pipe between lots 210 and 211 can be eliminated. This will allow the water to be discharged at a natural low spot and eliminate unnecessary excavation. The stormwater will also be discharged to an area with a flatter grade than the back slope of lots 210 and 211 - avoiding a potential erosion control problem (we were avoiding this problem in the previously submitted plan by dropping the pipe in Catch Basin #9 and running the pipe to a lower I of 4 10/5/2007 10:24 AM RE: Bayberry at Carolina Colours imap://cros.ncmail.net:993/fetch°/u3EUlD°/u3E/MOX°/u3E 16427?he.. elevation to avoid running down the back slope). Finally, the flatter grade and longer distance to the wetlands and buffer areas will allow for slower, less erosive flows and greater treatment time. Overall, the revised plan would eliminate a net 265 ft. of piping. Your comments 5 thru 8 will be addressed in the resubmittal. Please let me know if the ideas outlined above meet with your approval. I£ so we will incorporate them into a revised plan and calculations for resubmittal. Thank you, Eric Frank McKim S Creed 2807 Neuse Boulevard Building 5 New Bern NC, 28562 252.§33.5899 252.633.6551 fax www. mekimcreed. com -----Original Message ----- From: Scott Vinson Emailto:Scott.Vinson@ncmail.net] Sent: Tuesday, October 02, 2007 4:38 PM To: Eric Frank, Subject: Bayberry at Carolina Colours Eric, I have some questions/comments on the Bayberry project. The request for additional information letter is below. Please call or write if you have any questions.m Thanks, Scott Vinson NC DENR - DWQ ------------------------------------------------------------------------ October 2; 2007 Mr. Kenneth I. Peregoy, Member/Manager Carolina Creek, LLC 503 W. Thurman Rd. New Bern, NC 28562 Subject: Stormwater Review SW7070910 Carolina Colours Bayberry Park, Ph 1S2 Craven County Dear Mr. Peregoy: This office received a Coastal Stormwater permit application and plans for the subject project on September 17, 2007. A preliminary review of the project indicates that before a State Stormwater permit can be issued the following additional information is needed.. 1) A new curb outlet swaleneeds to be provided for the curbed road runoff from Drainage Area #71 The runoff from this curbed section of 2 of 4 10/5/2007 10:24 Alva RE: Bayberry at Carolina Colours imap://cros.ncmail.net:993/fetch%3EUID%3E/INBOX°/u3E 16427?he... street will not receive the same high amount of treatment required when it is discharged into an existing ditch with such an additionally large drainage area also draining through it (D.A.#7 & #7a). Move the road's low point north in order to place a new 5:1 curb outlet swale between lots 205 & 206. Revise plans, calculations & supplement forms as needed. 2) A new level spreader will also be required for this new swale that drains to the Neuse buffer. 3) Please provide a Level Spreader Supplement form for each level spreader and a signed operation & Maintenance agreement for all level spreaders. This can be found at the website http://h2o.enr.state.nc.us/3u/bmp forms.hza. . (On Excel supplement forms note the additional tabs found at the bottom.) 4) Please remove the excessive piping (P8 & Pll) between lots 208-209 & 210-211 and extend the grassed Swales #2 & #3 up as close to the road as possible. This is not considered minimal piping for low density developments. 5) On the Curb Outlet Supplement form, Swale #4 has a drainage area of 2.63ac. The corresponding drainage area #4 found on plan sheet 8 has a drainage area of 4.39ac. Please verify and correct form, plans and calculations as needed. 6) Please note that the lots not numbered within the "Future Area" draining to the wet detention pond and the associated streets have only be taken into account for the pond design and cannot be constructed until a complete set of plans showing lot numbers, boundaries, & proposed impervious areas with proposed deed restrictions are submitted and approved by this Office. 7) Please do not forget to have plans, calculations, supplements, narrative, etc. revised, signed, sealed and dated as necessary when re -submitting. 8) Please provide the 25% additional information fee associated with the Express Stormwater Review Program of $500.00 by check made payable to "NC DENR". The above requested information must be received in this office prior to October 10, 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 211.1000 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. 3 of 4 10/5/2007 10:24 AM RE: Bayberry at Carolina Colours Sincerely, Scott Vinson Environmental Engineer Washington Regional Office cc: Eric Frank, PE - McKim S Creed Washington Regional office imap://cros.ncmail. net:993/fetch°/u3EUID°/u3E/INBOX%3E I6427?he.. This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the system manager. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the company. Finally, the recipient should check this e-mail and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this e-mail. Content -Description: REV-STRM-DRN-SKETCHPLN 2.pdf REV-STRM-DRN-SKETCHPLN 2.pdf Content -Type: application/octet-stream Content -Encoding: base64 Attachment C - FES 3 Content -Description: Outlet Swale Hydrocad Attachment C - FES 3 Outlet Swale Hydrocad Report.pdf' Report.pdf Content -Type: application/octet-stream Content -Encoding: base64 Content -Description: Attachment A - 18 in pipe flow.pdf Attachment A - 18 in pipe tlow.pdf Content -Type: application/octet-stream Content -Encoding: base64 • Content -Description: Attachment B - Pipes-R14-REV ISED2.pdf Attachment B -Pipes-R14-REV[SED2.pdt Content -Type: applicationloctet-stream Content -Encoding: base64 4 of 4 10/5/2007 10:24 AM GENERAL UTILITY NOTES N, �4An a SS B n �j ��'�� �..n."¢P 'Yh. .r .so• n+nuu..ro on a z. ••. ` PHASE ONE 219 \218 220 ka 213 M 217 Fa 221 -,... ., .a.... 216 a 222 ...��w..°... r, \ 202 214� i.1 •BWALE •8a € SWALE#7 A A _—1'1 T[ Nil I)] Fud SIP ?.I' 223 m`ortc mnrr 10 oI vAvc: c 216 i _ 9!4 05 ;ns•ID rr s s - �j 0 aAZ a "M' \ .. . Ar nrzp , yam p/nrta 2406 1 F I \ -��• A / A ! 11 EfC1'.LU1')11'.hl CRNA COLWRS CAROLINA CREEK LLC New EN. cNA N e LNG. DRAIN, RAINAGE,&ARou O51 !1 N1ROL PHASE 7W0 �t,n POD R-14 vMcIQM&CREED '1'0: NCDENR - DWQ 943 Washington Square Mall Washington, NC 27889 XFITNTION: Mr. Scott Vinson WE ARE SENDING: ❑ Originals ❑ Prints ❑ Specifications ❑ Calculations LETTER OF TRANSMITTAL DATE: October 16, 2007 PROJECI'NO: 031340050 TASRNO40 RE: Bayberry Park Phases 1 and 2 Stormwater Management Plan TRANSMITTAL NO: PAGE 1 OP 1 ❑ Shop Drawings ❑ Samples ❑ Other - Quantity Drawing No. Rev. Description Status 2 Plans -Revised G 2 Stormwater Management Plans w/talcs-Revised G 2 SWU-105 Revised G 1 $500 resubmittal fee (CC check #7955) 1 Cover Letter I C El Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid E. Construction F. For Review & Comments G. For Approval H. See Remarks Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other 4. Amend & Resubmit 5. Rejected - See Remarks REMARKS: pRO3 # 2807 NCOSC Boulcvud Buildm, 5 Nmv Bcm NC 28562 (252) 633-9899 (PHONE) (252) 633.6551 (PAX) CC Kip Peregoy ���N1cKIMICREED, PA File S:\3134\0050\40-Permit\Stormwater\'Ir-Scott Vinson-Resubmittal.Doc vMCKJTV&CREED NCDENR DWQ 943 Washington Square Mall Washington, NC 27889 ATTENTION: Lyn Hardison WE ARE SENDING: ❑ Originals ® Prints ❑ Specifications ® Calculations LETTER OF TRANSMITTAL OAIC September "17, 2007 PRoJECINO: 031340050 '1ASK NO, 40 RE: Pod R-14 Bayberry Park Stormwater Submittal IRANSMIMALN'O: PAGE I OF 1 ❑ Shop Drawings ❑ Samples ❑ Other - Quantity Drawing No. Rev. Description Status 2 Plans Pod R-14 Bayberry Park Phases 1 and 2 G 2 SWU 10'I, 102, 104, 105(one orig. one copy) G 2 Stormwater Narratives and Calculations G 1 $4,000 Submittal Fee (CC Check # 7817 ) G 2 Low Density Covenants G 2 High Density Covenants G Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid E. Construction F. For Review & Comments G. For Approval H. See Remarks Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other 4. Amend & Resubmit 5. Rejected - See Remarks REMARKS: RECEI@�ELP Y - U 2807 Neu,e Boulevaal. Bondi • 5 Nnc Bern NC, 28562 (252) 633-5899 (PI IONS) (252) 673-65M WAX) Kip Peregoy McKIM_8-C—DEED PA Pile .--, S 5:A3134V0050A40-Pcrn,eASlonn,vaterANCDWQA'I}-Lpn I-lordi-11 Slornnvn l mso hi All la I No, Eric J. Frank, PE !iM N hC ID NCDENR RECavEm rt' o aro ina epartment of Environment and Natural Resources 943 Washington Square Mall, Washington NC 27889 (252) 946-6481 FAX (252) 975-371 5EP 7 200I L Request for Express Permit Review ®WQ-WARO FILL-IN all information below and CHECK required Permit(s). Please include this with the application package upon submittal. Project application received after 12 noon will be stamped in the following work day, Thank youl Lyn Hardison lyn.hardison cDncmail.net APPLICANT Name Kenneth I. Pereclov Company Carolina Creek LLC Address 503 W. Thurman Rd. City/State New Bern, NC Zip 28562 Phone 252-636-3700 Fax 252-634-9900 Email kperegoy(a)carolinacolours.com PROJECT NAME Bayberry Park, Pod R-14 Clearino and Grubbin County Craven PROJECT LOCATION (ADDRESS) ENGINEER/CONSULTANT Eric J. Frank, PE Company McKim & Creed P.A. Address 2807 Neuse Blvd., Bldg, 5 City/State New Bern, NC Zip 28562 Phone 252-633-5899 Fax 252-633-6551 Email efrank(@,mckimcreed.com State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑ Yes ❑ No ❑ STREAM ORIGIN Determination; _ # of Stream calls; Stream Name ® STORMWATER ❑ Low Density ❑ High Density -Detention Pond ❑ High Density -Other ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site PROJECT SYSTEM(S) TRIBUTARY TO BRICE'S CREEK STREAM NAME NEUSE RIVER BASIN ❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information MANAGEMENT ❑ Upland Development ❑ Marina Development. ❑ Urban Waterfront X LAND QUALITY ® Erosion and Sedimentation Control Plan with-&� ' "acres to be disturbed. CK # 7817 ❑ WETLANDS (401) ❑ No Wetlands on Site (letter from COE) ❑Wetlands Delineated/No JD ❑ Greater than 01 AC Wetlands Impacted ❑Jurisdictional Determination has been done ❑ Less than 0.1 AC Wetlands Impacted ❑Greater than 0.5 AC Wetlands Impacted CIRCLE Y/N: 401 Application ❑ Yes ❑ No 404 Application in Process w/ USCOE ❑ Yes ❑ No The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee, to be charged for subsequent reviews due to the insufficiency of the permit applications CHECK l7 For DENR use only # g SUBMITTAL DATES: Fee Split for multiple permits: SW `i-1-7-4)7 $ 0?,�4(..6-7 CAMA $ LOS R-17-D7 $ I33• 3 (V�Ar)�e,. Total Fee Amount $ 4F 1