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HomeMy WebLinkAboutSW7961006_HISTORICAL FILE_20200722STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director Dr. Thomas J. Hagan 612-A McCarthy Boulevard New Bern, NC 28562 Dear Dr. Hagan: NORTH CAROLINA Environmental QuaUfy July 22, 2020 Subject: Stormwater Permit Renewal Stormwater Management Permit SW7961006 Coastal Bone & Joint Medical Suites Craven County I' A Division of Energy, Mineral, and Land Resources file review has determined that Stormwater Permit SW7961006 for a stormwater treatment system consisting of a wet detention pond serving Coastal Bone & Joint Medical Suites located at 612 McCarthy Blvd., New Bern, NC expires on January 24, 2021. This is a reminder that permit renewal applications are due 180 days prior to expiration. We do not have a record of receiving a renewal application. Please submit a completed permit renewal application along with a $505.00 fee for permit renewal. Permit application forms for renewal can be found on our website at: Epps,//deg nc gov/about/diyi ' ns/�Cgy mineral land resources/enErU-mi uIL and rules/storm3yater-program/-post-construction. North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to discuss this by phone, or meet with you. If you would like, I can e-mail you a copy of the application form. You can request a copy by e-mailing me at roger thorpe(&ncdenr goy. Sincerely, Roger K. Thorpe Environmental Engineer North Carolina Department of Environmental Quality I Dh451on of Energy. ANnemi and Lend Resources Washington Regional Office 1 943 Washington Square Mail I Wasshm9wn North Carolina 27889 252.946.6481 ROY COOPER Governor MICHAEL S. REGAN secretary BRIAN WRENN Director Dr. Thomas J. Hagan 612-A McCarthy Boulevard New Bern, NC 28562 NORTH CAROLINA _ Env(ronnientalQuathy , August 5, 2020 Subject: Stormwater Permit Renewal Stormwater Management Permit SW7961006 Coastal Bone & Joint Medical Suites Craven County Dear Dr. Hagan: We received two checks for a total of $505.00 for renewal of stormwater permit SW7961006. We will also need a completed stormwater permit renewal application. I have enclosed a copy of an application for your use. We will hold the checks forhow while you are completing the application. If you have questions, please feel free to contact me at (252) 948-3923. Sincerely, Roger K. Thorp Environmental Engineer enclosure North Carolina Department of Environmental Quality I DMston of Energy. Mineral and land Resources Washington Regtonal Office 1 943 Washington Square Mall I Washington. North Carolina 27889 ®� /'� 252946.6481 ROY COOPER Governor MICHAEL S. REGAN Seaetan• BRIAN WRENN Director Dr. Thomas J. Hagan 612-A McCarthy Boulevard New Bern, NC 28562 Dear Dr. Hagan: NORTH CAROLINA Environmental Quality July 22, 2020 Subject: Stormwater Permit Renewal Stormwater Management Permit SW7961006 Coastal Bone & Joint Medical Suites Craven County A Division of Energy, Mineral, and Land Resources file review has determined that Stormwater Permit SV 7961006 for a stormwater treatment system consisting of a wet detention pond serving Coastal Bone & Joint Medical Suites located at 612 McCarthy Blvd., New Bern, NC expires on January 24, 2021. This is a reminder that permit renewal applications are due 180 days prior to expiration. We do not have a record of receiving a renewal application. Please submit a completed permit renewal application along with a $505.00 fee for permit renewal. Permit application forms for renewal can be found on our website at: httl2s: ///deg.nc.gov/about/divisions/energy-mineral-land-resources/­energy-mineral-land- rules/stormwater-program/post-construction. North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to discuss this by phone or meet with you. If you would like, I can e-mail you a copy of the application form. You can request a copy by e-mailing me at roger.thorpe(Wricdenr.gov. Sincerely, Roger K. Thorpe Environmental Engineer North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 27889 ^•a+^'r^^�®'^�� 252.946.6481 . ... ... I .. _ 1 .... � � .,. .. .. .��'� .. .. ... t I 1 i � i � _.,_ i .. State Stormwater Permit Standard Process Application Fees Effective March 1, 2017 Permit Service Fee New or Updated Expiration Date for High Density Permits Permit Issued? (Low Density Permits do not Expire) New permit $505 Yes New permits will expire 8 years later after issuance. [15A NCAC 02H.1040(4)(b)] z Major modifications $505 Yes Modified permits determined to be in compliance will have the current permit's expiration date unless the current permit expires in 180 days or less. In that case, the modified permit's expiration date will be 8 years after the current permit's expiration date. [15A NCAC 02H.1045(3)] 3 Transfer $505 Yes Transferred permits determined to be in compliance will have the current permit's expiration date unless the current permit expires in 180 days or less. In that case, the transferred permit's expiration date will be 8 years after the current permit's expiration date. [15A NCAC 02H.1045(3)] 1, 2.3 Renewal $505 Yes Renewed permits will expire 8 years after the current permit's expiration date. [15A NCAC 02H.1045(3)] Permit Information Update $0 No As specified in current permit Minor modification $0 No As specified in current permit Rescission $0 No NA Separate permit renewals are required and cannot be combined with major modifications and transfers when: The permit is expired. Allowing a stormwater permit to expire is a violation of state stormwater rules and may result in an enforcement action. In addition, expired permits must be renewed before they can be modified or transferred. 2 A major modification is submitted to correct a non -compliant permit inspection or violation. A transfer application is submitted to correct a non -compliant permit inspection or violation OR a file review/site inspection for a transfer determines the site is not compliant. Non -compliant permits cannot be transferred until they are brought into compliance. If a permit is non -compliant and it is within the 180-day window for expiration, then the renewal is a separate action. If a transfer is submitted with a request for a renewal, and it is found to be in violation during a file review or site inspection, then the transfer will be withdrawn until it becomes compliant and the fee will be used for the renewal only. A new fee for the transfer will be required upon compliance. Wa zm Michael F. Easley; Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 24, 2007 Dr. Thomas J. Hagan 612-A McCarthy Boulevard New Bern, INC 28562 Subject: Permit No. SW7961006 Renewal & Name Change Coastal Bone & Joint Medical Suites High Density Stormwater Project Craven County Dear Dr. Hagan: The Washington Regional Office received a completed Stormwater Renewal and Name Change Application for the subject project on November 6, 2006. Staff review of the files and an on site inspection has determined that the project will comply with the Stormwater Regulations set forth in Title 15A NCAC 21-1.1000. We are forwarding Permit No. SW7961006 dated January 24, 2007 to Thomas J. Hagan and Brian J. Battersby, Jr. for a wet detention pond to serve Coastal Bone & Joint Medical Suites located at 612 McCarthy Boulevard in New Bern, INC. This permit shall be effective from the date of issuance until January 24, 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. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. The issuance of this permit does not resolve any previous violations of the stormwater rules or permit conditions. 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, 6714 Mail Service Center, Raleigh, NC 27699-6714. 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 Roger Thorpe or me at (252) 946-6481. cerely, Hodge, iejgi(oRnakl�up AI Hodge,rvisor Surface Water Protection Section Washington Regional Office cc: Robert M. Chiles, P.E. ✓Gashington Regional Office Central Files North Carolina Division of Water Quality Internet: \k�ic�muwtuglm m, One 943 Washington Square Mall Phone (252) 946-6481 NorthiCarolina Washington, NC 27989 " Fax (252)946-9215 Naturally State Stormwater Management Systems Permit No. SW7961006 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 Thomas J. Hagan & Brian J. Battersby, Jr. Coastal Bone & Joint Medical Suites Craven County FOR THE continued, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 21-1.1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered.a part of this permit for a wet detention pond to serve Coastal Bone & Joint Medical Suites located at 612 McCarthy Boulevard in New Bern, NC. This permit shall be effective from the date of issuance until January 24, 2017 and shall be subject to the following specified conditions and limitations: DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 2 of this permit, the Project Data Sheet. 3. A maximum of 0.66 acres of built upon.area is allowed. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with approved plans. 5. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. DIVISION OF WATER QUALITY PROJECT DATA Project Name: Coastal Bone & Joint Medical Suites Permit Number: SW7961006 Location: Craven County Applicant: Thomas J. Hagan & Brian J. Battersby, Jr. Mailing Address: 612-A McCarthy Boulevard New Bern, NC 28562 Application Date: 11/6/2006 Receiving Stream: UT to Trent River Classification of Water Body: SC Total Site Area: 1.13 ac Drainage area: 1.13 ac Total Impervious allowed: 0.66 sf Wet Pond Depth: 4.0 ft Required Storage Volume: 2,461 cf Provided Storage Volume: 2,925 cf Required Surface Area: 1,329 sf Provided Surface Area: 1,500 sf Controlling Orifice: 0.75 inch 6. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change C. Transfer of ownership d.Redesign or addition to the approved amount of built -upon area e. Further subdivision of the project area. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 8. 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. It. SCHEDULE OF COMPLIANCE The permittee will comply with the following schedule for construction and maintenance of the stormwater management system. a. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surfaces except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 2. The facilities must be properly maintained and operated at all times. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency including, but not limited to: a. Semiannual scheduled inspections (every 6 months) b. Sediment removal C. Mowing and revegetation of side slopes d. Immediate repair of eroded areas e. Maintenance of side slopes in accordance with approved plans and specifications f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Mail the Certification to the Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina, 27889, attention Division of Water Quality. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. III. GENERAL CONDITIONS 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request.will be considered on its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143- 215.6(a) to 143-215.6(c). 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 6. The Permittee, at least six (6) months prior to the expiration of this permit, shall submit in writing a request for an extension along with appropriate application fee. Permit issued this the 24 th day of January 2007. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Alan W. Klimek, Fr.E. Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7961006 ,,. AT UREf GE.BVIIE® -ay.�90 )at- NOV - 6 2006 �i ®WQ-WAR® sw,4c� j�r/off Michael F. Easley, Governor William G. Ross Jr,, Seocuuy North Carolina Department of Environment and Natural Resoumes Alan W. Klimek, P.E. Director Division of Water. Quality SURFACE WATER PROTECTION SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Stormwater Managerr 2. Permit Holder's name 3. Signing official's name: i un„ Title: 4. Mailing address: (person legally responsible for permit) II �oq. /fFFyu/oo/� cl-, A -DR- City: Nene awl State: AJC- ZipCode: Z8562 Phone:01Sz)633-y7f(FAX: (Area Code and Number) (Area code and Number) II. NEW OWNER / PROJECT / ADDRESS INFORMATION 1. This request is for: (please check all that apply) ✓ a. Change in ownership of the property/company (Please complete Items #2,. #3, and #4 below) b. Name change of project (Please complete Item #5 below) C. Mailing address change. (Please complete Item #4 below) d. Other (please explain): 2. New owner's name to be put on permit: Cons nL '3aae io,�r yyjFa,cgc 5 ,r�s 3. New owner's signing official's name and title: 1 O-A,*7&ig * $R(a n S '3� !�•-bye 13 /nc Cu.rA,!j . c� �.O h e- t Own -e 4. New MailingAddress: (Q12- A ( (Ttle) M �h2Trty 1jLVD City: jJC--y1V State: � �- Zip Code: 20 z Phone: 252 633 3490 FAX: Xa &3 3 93 3 9 (Area Code and Number) (Area Code and Number) 5. New Project Name to be placed on permit: CQA —1 AL t3onlc E4o Nr Alcb;(Ai- Su rrzs Page 1 of 2 North Carolina Division of Water Quality Intemet ,eww. nenammualinSre 943 Washington Square Mall Phone (252) 946-6491 Washington, NC 27889 Fax (252) 946-9215 One Carolina Naurally r PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed form. 2. Legal documentation of the transfer of ownership. 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit. 5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership. 6. Maintenance records. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, l ono IZKI� attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: Date: )d -c New Applicant's Certification: (Must be completed for f, Iltra I ia�A �i + a�s. �= I, rivwt" attest change has been reviewed and is accurate and c understand that if all required parts of this applica ' supporting information and attachments are t it returned as incomplete, i Sign ownership) application for an ownership he best of my knowledge. I )mpleted and that if all required is application package will be /0//9 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS,((SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality, SWP 943 Washinton Square Mall Washington, NC 27889 Page 2 of 2 f- WATF Michael F. Easley, Governor �07 N° o William G. Ross, Jr., Secretary ' e I i � North Carolina Department of Environment and Natural Resources - Alan W. Klimek, P.E. Director `x Division of Water Quality SURFACE WATER PROTECTION SECTION COASTAL STORMWATER PERMIT RENEWAL APPLICATION FORM I. CURRENT PERMIT INFORMATION: 1. Stormwater Management Permit Number: Sv\l-79 (o 100 (o — Lo-r 2. Permit Holder's name: COX57174L r,�Jf e 4o)43- MEwc4L Sums i0A S rda ej J - oriz. 3. Signing official's name: ffOMA.S yin/ " Title: o W n -e ft S (person legally responsible for permit) 4. Mailing address: ig -A n,( cCAQ71�y'8Lyl') City:_ AIF,N 6,-eAs State: 'J C- ZipCode: 286"6 z Phone: p 52 6333422 FAX: 2 5 a lv 33 933Y (Area Conde and Number) (Area Code and Number) 5. Project Name: C ORSTI4L Bemire �loviv.— wlEmc.4c SuirEs 6. Location of Project: (meet eddress) (o / Z M `c,A F,* t3,L-vo „I641,r Sew A/C 2-86roZ 7. Directions to Project (from nearest major intersection)_ i-/COi /n/r6A3647(� OR 72 MG "kl/ 16 atvo &SPVVY/-% A-mb M (( +,xTN y Bcvo i iu2�1 DAvTO A^A7titti (��% ouJA7zb /ARL-7ET) APP2oxlry.h��y 'i�loµ /hl+-� F/WM /N7�A'SrcT/�Y�/ II. PERMIT INFORMATION 1. Specify the type of stormwater treatment (wet pond, infiltration, etc.):yjrz -DCTT A/77e /,f 6A-siM 2. List any Changes (from project that was originally approved, attach additional pages if needed)�D Alt prtt�R 7'?f-MN Du/NrGSeIvP 3. Do you have a copy of the original Operation and Maintenance Agreement? Yes No Applicant's Certification: . li0„ni�sr4A S '"` BAN } ify th the information included on this renewal applic ion, is to -the best my kn ledge, coIte: and complete. �e.� i D 9,/C' h Submit this completed form along with an applicati�ee of $420.00 and a copy of the designer's certification to the address listed below. North Carolina Division of Water Quality 943 Washington Square Mall Phone (252) 9466481 Customer Service 1.877623-6748 Washington Regional Office Washington, NC 27889 FAX (252) 946-9215 Internet h2osmstate.nc.us On e �et1pC31'OhIl3 An Equal Opportunity/Affirmative Action Employer- 50% Recyded/10% Post Consumer Paper Natiall ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS MARINE SURVEYORS 417-A BROAD ST. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 November 3, 2006 Certified Mail Receipt No. 7005 1 160 0004 9282 7446 Mr. Al Hodge, Regional Supervisor NCDENR, DWQ 943 Washington Square Mall Washington, N. C. 27889 Re: 4 Lot Subdivision Stormwater Permit Renewal Stormwater Permit No. SW7961006 Enclosures: (1) (2) (3) (10) (11) (12) Dear Mr. Hodge: BUSINESS: 252-637-4702 FAX: 252-637-3100 office@roberfmchtlespe.com mikencegrober mchilespe.com NOV - 5 2006 DWQ-WARD 4,Sets, NCDENR, Surface Water Protection Section, Coastal Stormwater Permit Name/Ownership Change Form, and Coastal Stormwater Permit Renewal PP -.-ch'lot,. ... Application Form, One'set fore a Copies, Designer's,Certification`don'e'forfeach lot, dated June 22,1998. Copy, State of NorthCbrolina, Department of'the Secretary of State, Certificate of Dissolution -issued far rNew_Be6m`Medical Developments, LLC (037885). i Copy, Craven County"Register of DeedsBook 54, Page 120 (Lot. 1) Copy; Crayen'County Register of Deeds Bo6k.54,-Page 140 (Lot 1) Copy,'Croven,County Register of Deeds Book.54, Page 271 (Lot 1) Copy', Graven CountyRegister of Deeds Bookilj586; Page 947 (Lot 2) Copry .Craven County Register of Deeds Book 1586,.Page 958 (Lot 3) CIT opy, NC Department of State Document indicating name change from Secosky Copy, Craven County Register ofDeeds Book 1,1584, Page 384 (Lot 4) tenahce ResF Mks (two for lot V On behalf of our clients DI Bern Medical Developments, LLC, respect to renewal of Stormwater :)nsibility3Statements, o'n1or each lot 1) collectively $1,680, for, renewal fees of $420 for each lot. i': �f t as , Battersby Rankln •Joh on, Foley, and Klein, formerly New nt the enclosed information for your review and approval with .SW 7961006.1 The referenced permit was initially issued for a four lot subdivision being developed by New Bern Medical Developments, LLC, and the stormwater management plan contained four individual wet detention basins, one for each lot. An individual designer's certification was executed for each basin in 1998, and copies are provided as enclosure 2. Enclosure 1 provides change of ownership and renewal forms for each of the four lots depicted in the original permit application. In an attempt to provide a means for identifying the individual lots with regards to correspondence and responsibility, we have appended the original Stormwater permit number with the appropriate lot number on the respective documents. Ownership of the individual lots was transferred from the LLC to the individual doctor or doctors, as applicable to the individual lots in September of 1997. Changes of ownership were effective as of that date, but the change was primarily from joint to individual responsibility, as at least one principal party has remained unchanged relative to each lot. In November of 2001 the State administratively dissolved the doctor's LLC, and a copy of that record is provided as enclosure 3. Enclosures 4 through 6 provide copies of the deeds for lot one. The lot itself is covered by enclosure 4, containing the names of Ortho- Pod Developers, LLP (an expired corporation)and Coastal Bones and Joint Medical Suites, both created MECHANICAL. CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL, MARINE, AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE 417-A BROAD ST. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 ROBERT M. CHILES, P.E. ENGINEERS. CONSULTANTS MARINE SURVEYORS November 3, 2006 BUSINESS: 252-637-4702 FAX: 252-637-3100 office@robertrnchilespe.com mikence sC robert mchiles pe.com by Doctors Hagan and Battersby. The building situated on lot 1 is divided into two condominiums, and Doctors Hagan and Batersby individually own a single condominium unit each. The respective condominium deeds are provided as enclosures 5 and 6. Lot 2 is owned by Doctor Rankin, as evidenced by enclosure 7. Enclosure 8 provides a copy of the deed for lot 3 and indicates Secosky and Johnson, PA as the owners. Enclosure 9 provides a.copy of a document from the Department of the Secretary of State indicating that the partnership is changed to Drs. Johnson & Foley, PA. Lot 4 is owned by Doctor Klein, as evidenced by enclosure 7. We have provided a new copy of the originally approved stormwater plan and NCDENR issued stormwater permit to each of the individual lot owners to ensure that their records are complete and to make them aware of the responsibilities associated with the stormwater system. Enclosure 11 provides newly executed maintenance responsibility statements from each owner. Based upon our brief conversation .witY you last month,regarding this renewal, we are presenting this package collectively. However, owing1to the`separate ownership of the lots, and realizing that maybe four permits would have been better suited to the project,•we include the appropriate information for each lot. Accordingly, we request that.`-th6."6riginal,stormwoter permit number be appended with the individual'lot/numbers%and issued individually to the respective lot owners. As this theoretically represents fou .individuall\renewals, wed provide the checks�6f enclosure 12, sufficient for one renewal fee for each lot. J <•Cf Should you require additional information or,have any questions, please contact us your convenience. ` Verytruly yours, f �OBERT M. CHILES, P.E. Ail- /A--Michael-L.-Rice, PIC/ n ;�'. r cc: Coastal Bone & Joint Medical Suites, Thomas Ha_gan;-DPM & Brian Battersby, Jr., MD Todd H. Rankin, DDS —� Drs. Johnson & Foley, PA - Mark W. Johnson, DDS, MD & William L. Foley, DMD, MS Kenneth L. Klein, MD MECHANICAL, CIVIL, AND MARINE ENGINEERING COMMERCIAL, INDUSTRIAL, MARINE, AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS MARINE HYDROGRAPHIC AND LAND SURVEYS BOUNDARY SURVEYS AND MAPPING SERVICE �i✓c�osv2-� 3 =.tNOT10E TO REGISTERED AGENT: *13"der N.C.C.S Section 57C-2-40, it is the duty of the registered agent to forward the certificate attached below to the Limited Liability Company at its lust know address. NEW BERN Al EUICAL DEVELO p17FNTS, 1,LC (0378825) a zI�u��� 310 BROAD ST NEW BERN, NC 28560 NOV - 6 2006 STATE OF NORTH C;'AROLINA DEPARTMENT OF THE SECRETARY OF STATE CERTIFICATE OF DISSOLUTION I. FLAINE F. MARSHAL,L., Secretary of State, as mandated by law, do hereby certifv that New Bern Medical Developments, LLC (037882.5) has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03 for failure to file an annual report effective as of the date set forth hereunder. A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S. Section 57C-6-03. This is the 5th day of November 2001 Elaine F. Marshall Secretary of State North Carolina Elaine F.-Marshall DEPARTMEAT Or- THE Secretary SECRETARYO;= STATE Corporations *Corporations Home °Important Notice *Corporations FAQ °Tobacco Manufacturers 'Dissolution Reports *Non -Profit Reports *Verify Certification °Online Annual Reports °KBBE B2B Annual Reports Links *Secretary Of State Home *Register for E-Procurement *Dept. of Revenue Legislation *1999 Senate Bills *2001 Bill Summaries *Annual Reports 1997 *Corporations 1997 Search "By Corporate Name Tor New Corporation 'By Registered Agent Online Orders *Start An Order *New Payment Procedures Contact Us *Corporations Division 'Secretary of State's web site Print °Printable Page PO Box 29622 Raleigh, NC 27626-0622 (919i807-2000 Date: 8/29/2006 Click here to: View Document Filings 1 Print apre-populated Annual Report Form 1 Annual RE Count I File an Annual Report I Corporation Names Name Name Type NC New Bern Medical Legal Developments, LLC Limited Liability Company Information SOSID: 0378825 Status: Admin. Dissolved Date Formed: 9/28/1995 Citizenship: Domestic State of Inc.: NC Duration: DEC 2045 Registered Agent Agent Name: Hicks Jr, Jimmie B Registered Office 310 Broad St Address: New Bern NC 28560 Registered Mailing PO Drawer 889 Address: New Bern NC 28563 Principal Office No Address Address: Principal Mailing 310 Broad St Address: New Bern NC 28560 For questions or comments about the North Carolina Secretary of State's web site, please send e- mail to Webmaster. t� E OY NORTH CPNU LI IiA '- RVFO$ L. EDNIETEN 9F.D..TARYPOFT STATE v BR90RT-I.I.0 NI:LV0 53VO.V0 FILING FEE TO x c. 9F.CRETARx ^�.�.. yb, (/Y f ANNunL RE UU 5 P.O. RO% 29525 PAY. LE OP ET PT E. (�'' Z4 5 '� I"a. PA LLI Gfl. NC 216i6-0525 19191 T33-d 201 _uwf REPORT DUE DATE-I3-OS-1993 LLC ID-O 3 T B B 3 3 96 p 6 l 0 8 S I FILING .1. 0 0 1 HVI ICE DATE-09-30 -1995 DATE OF ORGANIZATION-09-28-1993 CTATE OF ORGANIZATION- NC 1. xF17I3TEFED PG ENT I NF.GIETERED OPFICE M.91I.INC ADOI1E9.s ENTEII AGENT NAME 114.ILINC AODAE99 CXAN GF. RENE - xLx B2W1 I�ICAL OBOLIA9MIIII Br LLC ,maa! a e1u! m. CHANGE ONLY - PO DRAWER 889 vo DRalf01 .4T . NEII O®LVr NC 3. 9TRF,LT ADORE95 OF RF.GL.UIDDED OFFICE OUT. 9TREF.I AUVI1E55-CUANCE IIEItE- ]SO BR010 BTRlLE NE11 9EP3ir NC 2N360 CPA499I 3. IF RFDISTERED AGENT CHANGED, DTGNATVRE OF "F.N AGENT IIGXAT'VRrt NNBITIIrtNMO - TOAWOINIMc9 d. ENTER PRINCIPAL OFFICE ADDRE95 "ERE - ADDE- 310 BROAD STREET CITY- NEW BERN ET -NC EIP-28560 5, MITER FEUEML E IAYF.R ID NVNNER UEFE- NUM- %-1JY0558 6. LIITEII NAME, AHO 11VS1NC99 ADDM1F.F.G OF MANAGER.^. IIERi:- . "A- BRIAN J. BATTERSBY, MD 3701 DARBY ROAD CITY- NEW BERN ET -NC Z'P-2B560 UA.- THOMAS HAGAN, DPM ..- MARK S. JOHNSON, DOS, MD .DR- 3005 RIVER LANE um- NEW BERN 'NC EI`26560 wD" 1517 RHEM AVENUE cl, NEW BERN ET -NC ElP-28560 TODD H. RANKIN, DDS A°°" 920 BUCKINGHAM ROAD CITY- NEW BERN ET -NC axe-28550 (SEE ATTACHED LIST) I. BRu1FI.Y DESCFIBE INE NATURE of TNL BUGIN653- COMMERCIAL REAL ESTATE AND ANY OTHER LAWFUL BUSINESS ACTIVITY ^Q NEn BCRN MIDICAL °E90/JP34lFPlr LLC tl. VASE- �I/sVIC� SIGN EU- ��_. I R1W YV81'BA 910X01 BT ILTNABAP OF I1MTm IlM11T COrIFANFI RPB OP EWNf NAY[ TM1Ia tP�m a0a�ltl Ga :ni natl EY "' UUE DATE eFr.rrn �RAI.EI GRiUGn 2T 6e 6Y.Uf or $]11U .00 f.e. EECRETARY OF 3TAIE. ANNJA UE101TGJ F.C:I ON. PO6Y OFFICE 29125r 6. Enter Name, and Business Address of Managers (Continued) NAME - Walter R. Secosky, DDS, MD ADDR - NeWABern C edal Clinic New Bern, NC 28560 Cn co O 0 N w m Lt NOV - 05 2006 ---------- 15 4 120 DWQ-WAR® DECLARATION OF COVENANTS, CONDITIONS; AND RESTRICTIONS OF COASTAL BONE AND JOINT MEDICAL SUITES. A CONDOMINIUM AND BYLAWS OF COASTAL BONE AND JOINT MEDICAL SUITES HOMEOWNERS ASSOCIATION, AN UNINCORPORATED ASSOCIATION OF UNIT OWNERS THIS DECLARATION AND BYLAWS., made this _lat- day of bav 1999, by ORT'HO-POD DEVELOPERS, L.L.P. (-Dcclarant"I ) and the undersigned incorporators; W I T N i S S E T H: THAT WHEREAS, Declanint is the owner of certain property located in Number Eight Township, Craven County, North Carolina, being more particularly described as follows ("Property"): SEE EXHIBIT A, ATTACHED HERETO NOW, THEREFORE, Declarant hereby declares that all of the Properties described above shall be held, sold, and conveyed subject to the following casements, restrictions, covenants, and conditions, which shall run with the real property and be binding on all parties having any right, title, or interest in the described properties, or any pan thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof PART I 12crinition I• "Association" means Coastal Bone and Joint Medical Suites Homeowners Association, An Unincorporated Association of Unit Owners organized pursuant to the North Carolina Condominium Act, . its successors and assigns. 2. "Bylaws" means the bylaws of the association. 3. "Common Elements" means all portions of a condominium other than units. 4. "Condominium" means real estate, portions 0 , I f which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. 0054 121 5. "Declarant" means Ortho-Pod Developers, L.L.P., a North. Carolina limited liability, partnership, its successors and assigns, or any of its partners or members. 6. "Declaration" means this Declaration of Covenants, Conditions, and Restrictions. 7. "Limited Common Elements" means a portion of the common elements allocated by the declaration for the exclusive use of one or more, but fewer than all, of the units. 8. "Member" means every person or entity who holds membership in the Association. 9. "O%vner" means the record owner, whether one or more persons or entities, of a fee simple title to any unit which is a part of the Property, together with an undivided interest in the common elements as hereinafter set forth, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 10. 'Period of Declarant Control" means the period commencing on the date hereof and continuing until the earlier of (i) five (5) years after the date of the first conveyance of a unit to an owner other than a Declarant; or (ii) the date upon which Declarant voluntarily surrenders control of the Condominiums. 11. 'Plat" means the plat recorded at the office of the Craven County Register of Deeds in Condo Plat Book 4 at Page 69. 12. "Unit" means a physical portion of the Condominium designated for separate ownership or occupancy. PART II DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ARTICLE I Establishment of Condominium 1. On that property described on Exhibit A, attached hereto and incorporated herein by reference, there exists a single -story building presently containing two Condominium Units, areas designated for parking spaces, and other appurtenant improvements. There are no basements. The building is a brick and glass structure. The Declarant hereby submits the above -described property and improvements lying within the land area described on Exhibit A to Condominium ownership under the provisions of N.C.G.S. §47C (Condominium Act), and hereby declares the same to be a 005`I 122 Condominium, to be known and identified as "Coastal Bone and Joint Medical Suites - A Condominium." The property will be administered in accordance with the provisions of 47C and of the Declaration and Bylaws. 2. The name of the Condominium shall be "Coastal Bone and Joint Medical Suites - A Condominium." 3. The Property is located in Craven County, North Carolina. 4. The maximum number of Units which Declarant reserves the right to create is two (2). 5. Declarant hereby establishes two (2) Units within the Property, Units A and B, and hereby designates all such Units for separate ownership. Reference is hereby made to the plat for a separate description of the boundaries of each Unit, identified by letter, said plat being by this reference incorporated herein. 6. Each Owner shall be a Member of the Association. An Owner shall be entitled to one (1) vote in the Association for each Unit owned. A deadlock among Owners shall be decided through arbitration as set forth in Article VII hereinafter. 7. There are no Limited Common Elements, with the exception of the Limited Common Elements created under Article IV hereinafter. 8. Easements and licenses appurtenant to or included in the Condominium as recorded in the office of the Craven County Register of Deeds, are shown on Exhibit B, attached hereto. Certain restrictions and restrictive covenants apply to this property, also as set forth on Exhibit B. ARTICLE II Property Richts 1. Ownership of a Unit shall vest fee simple title to such Unit in the Owner. 2. Every Owner shall own an undivided interest in the common elements and shall have a right and easement of enjoyment in the common elements which shall be appurtenant to and shall pass with the title to every Unit. The undivided interest of every Unit Owner in the common elements shall be proportionate to the total number of Units in the Condominiums: one-half ('/2) for each Unit owned. The undivided interest in the common elements and the right and easement of enjoyment in such common elements are subject to the following: 3 0054 ? Z3 .- ----__... (a) Recognizing that the proper use of a Condominium Unit by an Owner or Owners is dependent upon the use and enjoyment of the Common Elements in common with the Owners of all other Condominium Units, and that it is in the interest of all Owners that the ownership of the Common Elements be retained in common by the Owners, it is hereby declared that the. proportional undivided interest in the Common Elements appurtenant to each Condominium Unit, as the same may be amended from time to time in the manner herein set out, shall remain undivided and no Unit Owner shall bring or have any right to bring any action for partition or division of the Common Elements. (b) The Association shall have the right to adopt such rules and regulations as may be needed to regulate the use and enjoyment of the common elements; (c) The Association shall have the right to dedicate, transfer, or encumber all or any part of the common elements subject to approval by all of the Owners as provided in N.C.G.S.§47C-3-112. 3. Subject to the Declarant's developmental rights, each Unit shall have a non - terminable right to use the parking spaces, driveways, and access easements forming a part of the common elements; PROVIDED, HOWEVER, that equitable assignment of parking spaces may be made by the Association. Each Unit Owner is granted a perpetual easement to locate heating and air conditioning systems (including the natural gas meters) upon the common area at the rear of such Unit. When so located, such heating and air conditioning systems, related pipes, ducts, conduits, wires, and related facilities shall become and be deemed part of the respective Condominium Unit to which they are affixed. Prior to installing any heating and air conditioning systems or any related facilities in the common elements, the Unit Owner shall obtain the consent of the Association as provided herein. This provision shall not apply to the heating and air conditioning systems and facilities which are presently located on the common elements, and any replacements thereof, or any heating and air conditioning facilities which are installed by the Declarant when Declarant exercises any of Declarant's development rights. 4. Any Owner may delegate his right of enjoyment to the common elements to his tenants. 4 0054 i24 ARTICLE III Covenant for Maintenance Assessments 1. The Declarant, for each Unit Owner within the Property, and each Owner by acceptance of a deed therefor, whether or not it shall be so .expressed in such deed, hereby covenants and agrees to pay the Association (a) annual assessments or charges, and (b) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The liability of each Owner for the common expenses of the Association shall be proportionate to the total number of Units in the Condominium: one-half ('/2) for each Unit owned. Any assessment levied against a Unit remaining unpaid for a period of thirty (30) days or longer shall constitute a lien on that Unit when filed of record in the office of the Clerk of Superior Court of Craven County and shall accrue interest at a rate set by the Association not to exceed eighteen percent (18%) per annum. The Association may bring an action at law against the Owner, or foreclose the lien against the Property. Fees (including attorneys' fees), charges, late charges, fines, and interest are also enforceable as assessments. Each such assessment, together with interest, costs, and reasonable attomeys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessment shall not pass to his successors in title unless expressly assumed by them. 2. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage and ad valorem taxes. Sale or transfer of any Unit shall not affect the assessment lien. The sale or transfer of any Unit pursuant to mortgage or tax foreclosure, or any proceeding in i lieu thereof, however, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Unit from liability for any assessments thereafter become due or from the lien thereof. 3. The annual assessments levied by the Association shall be used exclusively to promote the health, safety, and welfare of the owners and their tenants and in particular for the acquisition, improvement, and maintenance of the Condominium, services, and facilities devoted to this purpose, and for the use and enjoyment of the common elements. 0054 121 The Association may also levy a special assessment payable in a manner as specified by the Association for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common elements, including fixtures and personal property related thereof, provided that any such assessment shall have the assent of all of the Members. 4. Until January 1 of the year immediately following the conveyance of the first Unit to an Owner, no annual amounts shall be charged, but each Owner shall deposit one-half of all Association charges into the Association checking account upon receipt of any bill for the same. From and after January 1 of the year immediately following the conveyance of the first Unit to an Owner, the annual assessment may be increased, provided that any such assessment shall receive the affirmative vote of all the Owners. 5. Both annual and special assessments must be fixed at a uniform rate for all Units and may be collected on a monthly basis.. G. The annual assessments provided for herein shall commence at a date established by the Association. Once such annual assessments are established, written notice of the annual assessment shall be sent to every Owner subject thereto. ARTICLE IV Party Walls 1. The walls and flooring connecting adjacent Units are "party walls" and are situated on or about the boundary line separating such Units. 2. All materials constituting any party walls or walls are a part of the common elements, pursuant to N.C.G.S. §47C-2-102(1). To the extent any duct, wire, conduit, or any other fixtures lies partially within and partially outside the designated boundaries of a Unit, any portion thereof serving only that Unit is a limited common element allocated exclusively to that Unit, and any portion thereof serving more than one Unit or any portion of the common elements is a part of the common elements, pursuant to N.C.G.S.§47C-2-102(2). Any decks, porches, balconies, patios, and all other exterior doors and windows or other fixtures designated to serve a single Unit but located outside the Unifs boundaries, are Limited 0 0054 12C Common Elements allocated exclusive to that Unit, pursuant to N.C.G.S. §47C-2-102(4). 3. Each wall which is built as a part of the original construction of a Unit and placed on the dividing line between the Units shall constitute a party wall, and, to the extent not inconsistent with the provisions of this article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 4. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. 5. Notwithstanding any other provisions of this article, an Owner who by his negligent or willful act causes a party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 6. The right of any Owner to contribution from any other Owner under this article shall be appurtenant to the land and shall pass to such Owner's successors in title. 7. If any Owner desires to sell his Unit, such Owner may, in order to assure a prospective purchaser that no adjoining Unit Owner has a right of contribution as provided in this Article IV, request of the adjoining Unit Owner a certification that no right of contribution exists, whereupon it shall be the duty of the adjoining Unit Owner to make such certification immediately upon request and without charges; provided, however, that where the adjoining Unit Owner claims a right of contribution, the certification shall contain a recital of the amount claimed. 8. In the event of any dispute arising concerning a party wall, or under the provisions of this article, such dispute shall be settled by arbitration as provided by the laws of North Carolina and Article VII hereinafter. ARTICLE V Exterior Maintenance and Maintenance of the Aviary and Enclosed Entranceway 1. In addition to maintaining the Common Elements, the Association shall provide exterior maintenance for each Unit, subject to assessment hereunder, including the performance, as needed, of painting, repairing, replacement, rebuilding in the event of destruction by fire or other hazard, and care of roofs, exterior building surfaces (including glass), trees, shrubs, walks, and other exterior improvements. The Association shall also provide maintenance for the aviary and 7 0054 127 enclosed vestibule as shown on the recorded plat. 2. In the event the need for maintenance, repair, or replacement is caused through the willful or negligent act of an Owner, his. family, guests, invitees, or tenants, the cost of such maintenance, replacement, or repairs shall be added to and become a part of the assessment to which such Unit is subject. ARTICLE VI Architectural Control No building, fence, wall, or other structure or improvement shall be commenced, erected, or maintained upon the Condominium, nor shall any exterior addition or change therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing. The exterior color of a Unit cannot be changed unless the color scheme of the entire Condominium is similarly changed. Any such change requires the approval of all of the Owners at a duly called meeting at which a quorum is present. ARTICLE VII Use and Alienation Restrictions 1. No Unit shall be used except for the operation of a professional practice. 2. No noxious or offensive activity shall be conducted upon any Unit nor shall anything be done thereof which may be or may become an annoyance or nuisance. 3. Each Unit is subject to the restrictions included in the Declaration of Restrictive Covenants for McCarthy Square, all as shown on Exhibit B, attached hereto. 4. No outside radio or television antennas, including satellite dishes or receivers, shall be erected on any Unit unless and until permission for the same has been granted by all of the Owners. 5. No signs shall be permitted on or about the Units, except those used in connection with'the operation of the Units approved by the Association. 6: No Unit, or any portion thereof, may be transferred or conveyed as a time share, as defined in N.C.G.S. Chapter 93A, Article 4, as provided by Article VII, Section S. 8 0054 129 ARTICLE VIII Easements 1. Easements for installation. and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Additionally, certain other pedestrian and access easements are shown on the recorded plat. Within these easements no structure, planting, or other material shall be placed or permitted to remain which may interfere with the installation and maintenance of utilities, pedestrian access, or which may obstruct or change the flow of drainage channels in the easements. 2. In the event any Condominium shall encroach upon any Common Elements, or any other Condominium Unit or Units for any reason not caused by the purposeful or negligent act of the Condominium Unit Owner, or agents of such Owner, then the Units and Common Elements so affected shall be subject to easements for the encroachment improvements. All Units and Common Elements shall be subject to easements for the encroachment of improvements constructed on adjacent Units by the Declarant to the extent that such improvements actually encroach, including. but not limited to, such items as overhanging eaves, stoops, misaligned common wall foundation footings and walls, provided such encroachment does not interfere with the reasonable use of the Common Elements or Units so encroached upon. If any Condominium Unit or Common Element shall be partially or totally destroyed as a result of fire or other casualty, or as a result of the condemnation or eminent domain proceedings, and if upon such reconstruction of such Unit and/or Common Elements in accordance with Article V hereof there exist encroachments of portions of the Common Elements upon any Condominium Unit or of any Condominium Unit upon any other such Condominium Unit or upon any portion of the Common Elements, then such encroachment shall be permitted and a valid easement for the maintenance thereof shall exist so long as such encroachments naturally shall remain. 3. Declarant shall have a reasonable construction easement across the Common Elements for the purpose of completion of the construction of improvements on the Units. Declarant shall also have such easements through the Common Elements as may be reasonably necessary for the purpose of discharging a Declarant's obligations or exercising special Declarant rights, as provided herein. n 0054 129 4. The Association shall have a right of entry upon the Units and any limited Common Elements to effect emergency repairs, and a reasonable right of entry upon the Units to effect other repairs, improvements, replacements or maintenance as necessary. 5. All easements granted herein are appurtenant to and shall run with the land, and shall inure to the benefit of and be binding upon the Declarant, the Association, Owners, occupants, mortgage holders, and any other person or entity having an interest in the Condominium. ARTICLE IX General Provisions 1. The Association may adopt and enforce reasonable rules and regulations not in conflict with the declaration and supplementary thereto, as more fully provided in the bylaws. 2. The Association shall have the right to enforce by any proceeding, at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this declaration, the bylaws and articles of incorporation of the Association. Failure by the Association to enforce any covenant or restrictions therein shall in no event be deemed a waiver of the right to do so thereafter. Upon notice to the Association of a violation hereunder and a failure of the Association to take action upon said violation within ninety (90) days, any Unit Owner, or other holder of an interest in the Condominium, may undertake the enforcement of the provisions of the declaration at his own expense. 3. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 4. The covenants and restrictions of this declaration shall run with and bind the land for a term of twenty (20) years from the date this declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This declaration may be amended during the first 20-year period by an instrument signed by not less than one hundred percent (100%) of the Unit Owners. Any amendment must be recorded. 0054 130 PART III BYLAWS ARTICLE I Meetings of Members 1 • The first annual meeting of the Members shall be held within one (1) year from the date of sale of a Unit. Each subsequent regular annual meeting of the Members shall be held on the same day and the same month of each year thereafter. 2. Special meetings of the Members may be called at any time by a Member, pursuant to N.C.G.S.§47C-3-108. 3. Written notice of each meeting shall be given by, or at the direction of, the secretary or person(s) authorized to call the meeting, by hand delivering or mailing a copy of such notice, postage prepaid, at least ten (10) days and not more than fifty (50) days before such meeting to each Member as provided in §47C-3-108. 4. The presence at the meeting of Members or proxies entitled to cast one hundred percent (100%) of the votes shall constitute a quorum for any action, except as otherwise provided by law. A refusal of a member to attend will be addressed as a dispute to be resolved through arbitration under Article VI, Part III hereof. 5. Every Unit Owner shall be entitled to one (1) vote for each Unit owned, as currently configured. Disputes shall be resolved by arbitration. 6. Pursuant to N.C.G.S. §47C-3-110, votes allocated to a Unit may be cast pursuant to a written and dated proxy signed by a Unit Owner. A Unit Owner may not revoke a proxy except by written notice delivered to the person presiding over a meeting of the Association. A proxy terminates one (1) year after its date, unless it specifies a shorter term. ARTICLE II Officers and Executive Board; Selection, Term of Office The affairs of the Association shall be managed by the Members. GGSy 131 ARTICLE III Power and Duties of the Association 1. Subject to the provisions contained herein and applicable law, the Association shall have the following power and authority, including, but not limited to: (a) Adopt rules and regulations governing the use of the common area and facilities, the personal conduct of the Members and their guests and invitees thereon, and establish penalties for the infraction thereof; (b) Employ a manager, an independent contractor, or other employees as they deem necessary, and prescribe their duties; provided always, any contract for professional management must contain a clause requiring not more than ninety (90) days' termination notice; (c) Procure, maintain, and pay premiums on an insurance master policy or policies and equitably assess the Owners of the same for their pro rata portion of such expense; (d) Impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Elements, other than for service provided to Unit Owners; (e) Exercise all other powers that may be exercised in this state by legal entities of the same type as the Association; (f) Exercise any other powers necessary and proper for the governance and operation of the Association; and (9) Have and to exercise any and all powers, rights, and privileges which a unincorporated association of Unit Owners organized under the Condominium Act of the State of North Carolina by law may now or hereafter have or exercise. 2. It shall be the duty of the Association to: (a) Cause the Common Elements to be maintained, repaired, and replaced as necessary and to assess the Unit Owners to recover the cost of the upkeep of the Common Elements; (b) Serve as the architectural committee; (c) Keep a complete record of all its acts and corporate affairs; (d) Supervise all officers, agents, and employees of the Association and see that their duties are properly performed; 12 0059 I3t (e) Fix the amount of the annual assessment at least thirty (30) days in advance of each annual assessment period pursuant to the provisions set forth in the declaration and N.C.G.S. §47C-3-103(c); (f) Send written notice of each assessment to every Owner at least thirty (30) days in advance of each annual assessment period; (g) Foreclose the lien against any property for which assessments are not paid Within thirty (30) days after the due date or to bring an action at law against the Owner personally obligated to pay the same; (h) Issue, or have issued, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made for the issuance of these certificates.. If a certificate states that an assessment has been paid, such certificate shall be conclusive evidence of such payment; (i) Procure and maintain at all times adequate hazard insurance specifically in an amount necessary to rebuild on the property owned by the Association, and all property for which the Association has the duty to maintain, and sufficient liability insurance to adequately protect the Association as provided in N.C.G.S. §47C-3-113; and (j) Cause all officers or employees, including officers and employees of professional management having fiscal responsibilities to be bonded, as it may deem appropriate. ARTICLE IV Officers and Their Duties I. The officers of this Association shall be a president, and secretary/treasurer. The officers shall alternate on a yearly basis between Members unless otherwise decided. 2. (a) The president shall preside at all meetings of the Association; see that orders and resolutions of the Association are carried out; sign all leases, mortgages, deeds, and other written instruments and shall co-sign all checks and promissory notes. (b) The secretary shall record the votes and keep the minutes of all -meetings and proceedings of the Association and of the Members; keep the corporate seal of the Association and affix if on all papers requiring said seal; keep appropriate current records showing the Members of the Association and their addresses; prepare, execute, certify, and record amendments to the 13 0054 133 declaration on behalf of the Association; and perform such other duties as required by the Association. (c) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and disburse such funds as directed by the Association; sign all checks and promissory notes (such checks and promissory notes to be co -signed by the president) of the Association; keep proper books of account; cause an annual compilation of the Association financial books to be made by a public accountant at the completion of each fiscal year; and prepare an annual budget and a statement of income and expenditures to be presented to the Membership at its annual meeting, and deliver a copy to each member. ARTICLE V Books and Records The books, records, and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member or a mortgagee of any Member. The articles of incorporation and the declaration and bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE VI Arbitration In the event of a disagreement with respect to any matter whatsoever arising under this Declaration, the dispute shall be referred to an arbitration committee whose decision shall be binding on all of the parties hereto without further action or recourse. The arbitration committee shall be comprised of three (3) persons, each of whom shall be a resident of the State of North Carolina. The members of the Association shall each be entitled to name one (1) person to serve on the arbitration committee, and the two (2) persons so chosen shall chose a third person. The decision of two (2) members of the committee shall be the decision of the committee. In the event the members of the arbitration committee are not chosen within thirty (30) days from the date a party hereto gives notice to the other of a demand for arbitration, any member hereto shall have the have the right to apply to an appropriate Court for an appointment by 14 0054 134 the Court pursuant to N.C.G.S. 1-567.4 to the committee of three (3) qualified and disinterested arbitrators. To assist the committee in its function as arbitrator, the committee may employ an attorney, certified public accountant, and any other persons to be of assistance in the arbitration of any matter before the committee. The expense of the committee, including those of the persons employed to be of assistance to the committee, shall be borne equally by the two (2) members. Except as herein provided, the provisions of Article 45A of Chapter I of the North Carolina General Statutes will apply in arbitration proceedings. ARTICLE VII Amendments to Bylaws These bylaws may be amended, at a regular or special meeting of the Members, by a vote of all of the Members. IN WITNESS WHEREOF, ORTHO-POD DEVELOPERS, L.L.P. has caused this document to be executed in proper form, all the day and year first above written. ORTHO-POD DEVE�QPERS, L.L.P. /Brian J. Battersby, Jr., General Partner Y:�� homas Hagan, Gen2glartiOr 15 0054 ?35 CERTIFICATION 1, Thomas J. Hagan, do hereby certify that I am the duly elected and acting secretary of COASTAL BONE AND JOINT MEDICAL SUITES HOMEOWNERS ASSOCIATION, An Unincorporated Association of Unit Owners; and That the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted by the board of directors thereof held on May 20 , 1999. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Association this 20th day of May 1999. (SEAL) . ge2rLy�— 0054 I3G NORTH CAROLINA CRAVEN COUNTY I, Jeanne J. Michaelsen , a notary public in and for the county and state aforesaid, do hereby certify that _ Thomas J. Hagan personally appeared before me this day, and being by me first duly swom, acknowledged the execution of the foregoing instrument for the purposes therein contained. WITNESS my hand and notarial seal, this loth day of May 1999. ARY PUBLIC = ` A ii My commission expires: August 23 200 0054 139 EXHIBIT A All that certain property located in Number Eight Township, Craven County, North Carolina, being more particularly described as follows: BEING all of Lot 1 consisting of 1.13 acres, more or less, as the same is shown and delineated on that certain map or plat entitled "4 Lot Subdivision for New Bern Medical Developments. LLC prepared by Robert M. Chiles, P.E., said map or plat being recorded in the Office of the Register of Deeds of Craven County, in Plat Cabinet G, Slides 30-C and 30-D, reference to said map being hereby made for a more particular description of said lot. SUBJECT to that certain non-exclusive access easement, for purposes of ingress, egress and regress, reserved unto New Bern Medical Developments, LLC, its successors and assigns, as the same is more particularly shown and delineated as "24' ACCESS EASEMENT' between Lot I and Lot 2, as the same is shown and delineated on that certain map or plat entitled "4 Lot Subdivision for New Bern Medical Developments, LLC", prepared by Robert M. Chiles, P.E., said map or plat being recorded in the Office of the Register of Deeds of Craven County in Plat Cabinet G, at Slide(s) 30-C and 30-D, reference to said map being hereby made for a more particular description of said easement. 0054 137 NORTH CAROLINA CRAVEN COUNTY 1, Jeanne J. Michaelsen , a notary public in and for said county and state, do hereby certify that Brian J. Battersby, Jr., and Thomas Hagan, Geneml Partners in ORTHO-POD DEVELOPERS, L.L.P., a limited liability partnership, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of said limited liability company. WITNESS my hand and notarial seal, this 20th day of 1999. My commission expires: August 23, 2003 ' DTARY PUBLIC � > , �t �'" : •'• °� State of North Carolina, Craven The foregoing certi(icate(s) o1 r.. (are) cerhued to be correct This nt ro rnent vZs presented for r"p,iration this day and hour and duty remrdediin the afip of dy R„ )'' Aar CJ Deeds of Cr�en County, NCKtjbM S 4 ape _ 11 O 0054 139 EXHIBIT B I. Easement for ingress, egress and regress, setback lines, easements and other matters as shown on plat recorded in Plat Cabinet.G, Slides 30C and 30D, Craven County Registry. ZAICLOS v,ez S 00S4 NORTH CAROLINA CRAVEN COUNTY ?40 PREPARED BY THOMAS M. WARD THIS CONDOMINIUM DEED, made this e70 µ day of May, 1999, by and between ORTHO-POD DEVELOPERS, L.L.P., a North. Carolina Limited Liability Partnership with its principal Office and place of business in Craven County, North Carolina, party of the first part, and THOMAS J. HAGAN and wife, M. LYNN HAGAN, whose address is 3005 River Lane, New Bern, North Carolina 28562, party of the second part; W I T N F S q P T H: THAT said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of whichis hereby acknowledged, has bargained and sold, and by these presents does bargain, sell and convey unto the said party of the second part, their heirs and assigns, a unit ownership in real property (under and pursuant to North Carolina General Statutes, Chapter 97-C, entitled "the North Carolina Condominium Act," and any amendments thereto), located in Number Eight Township, Craven County, North Carolina, and being more particularly described as follows: SEE SCHEDULE "A" ATTACHED HERETO TO HAVE AND TO HOLD the aforesaid unit ownership in real property and all privileges and appurtenances thereunto belonging, together with the aforesaid rights of easements and use in and to NOV - 5 2006 0054 141 the common areas and facilities, and subject to said Declaration and Bylaws annexed thereto, to the said party of the second part, their heirs and assigns, in fee simple forever. AND the said party of the first part, for itself, its successors and assigns, covenants to and with the said party of the second part, their heirs and assigns, that it is seized of said premises in fee and has the right to convey the same in fee simple; that the same are free and clear of all encumbrances, except those mentioned above, and that it will warrant and defend the said title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the said party of the first part has caused this instrument to be executed under seal and in such form as to be binding, the day and year first above written. ORTHO-POD DEy qPE'�, L.L.P. ,§fian J. Batte7j Jr., Partner / I 2 0054 -i42 NORTH CAROLINA CRAVEN COUNTY I• Jr-q Nntl HtCn h6LScN a Notary Public in and for said County and State, do hereby certify that BRIAN J. BATTERSSY, JR., Partner in ORTHO-POD DEVELOPERS, L.L.P., before me this day personally appeared, who being by me first duly sworn, says that he is a partner of ORTHO-POD DEVELOPERS, L.L.P., the partnership described in and which executed the foregoing instrument; that he executed said instrument in the partnership name by subscribing his name thereto; and that the instrument is the act and deed of said partnership. WITNESS, my hand and notarial seal, this „204±� day of >14 _ , 1999. My commission expires: AAa31.0oo 3 NORTH CAROLINA CRAVEN COUNTY ,eUU�ll411r//l�/^�ili L� , UNOTARY PUBLIC I, _-)FkrINE J. M�eng _L EN , a Notary Public in and for said County and State, do hereby certify that THOMAS HAGAN, Partner in ORTHO-POD DEVELOPERS,, L.L.P., before me this day personally appeared, who being by�me first duly sworn, says that he is a partner of ORTHO-POD DEVELOPERS, L.L.P., the partnership described in and which executed the foregoing instrument; that he executed said instrument in the partnership. name by subscribing his name thereto; and that the instrument ,is the act and deed of said partnership. WITNESS, my hand and notarial seal, this d0+"= day of io„ _ , 1999. My commission expires: :��2': •^""'..;�.,� Tony\, PIa3�poo9 `w n+. C C 1 .n}, 3 0054 143 NORTH CAROLINA CRAVEN COUNTY The foregoing certificates of Notaries Public in and for said County and ate, are certified to be correct. This instrument was pr ented for registration on this day and hour and duly recorded in the Office of rh Register of Deeds of Craven County, North Carolina, in Hook ,,!, at Page 0 . THIS day of 1999, (at��, I o'clock �.m. v+-c_ BY RE ISTER OF DEEDS ASS'IUREGISTER OF DEEDS All that certain tract or parcel of land lying and being situate in Number Eight Township, Craven county, North Carolina, and more particularly described as follows: Being known and designated as Unit A as shown on a plat entitled "Plan of Coastal Bone and Joint Medical Suites - A Condominium for Ortho-Pod Developers, L.L.P. 612.A & B McCarthy Blvd.," recorded in Condominium Plat Book 4, at Page 69, in the office of the Register of Deeds of Craven County, North Carolina, reference to which is hereby made for a more particular description. Together with all rights and easements appurtenant to said unit as specifically enumerated in the Declaration of Covenants, Conditions, and Restrictions of Coastal Bone and Joint Medical Suites - A Condominium, issued by Seller and recorded in the office of the Re,g ister of Deeds of Craven County in Condominium Book *D Y at page a O, and Bylaws of Coastal Bone and Joint Medical Suites Homeowners Association, an Unincorporated Association of Unit Owners ("Declaration"), and pursuant thereto membership in Coastal Bone and Joint Medical Suites Homeowners Association; an Unincorporated Association of Unit Owners. Together with all rights of Seller in an to the limited common elements (also sometimes referred to as common areas) and facilities appurtenant to said unit. SUBJECT TO the said Declaration and Bylaws annexed thereto, which with all attachments thereto are incorporated herein as if set forth in their entirety, and, by way of illustration and not by way of limitation, provide for (1) 50; as the percentage of undivided fee simple interest appertaining to the above unit in the common areas and facilities; (2) use and restriction of use of unit for the operation of a professional practice, and other uses reasonably incident thereto; (3) property rights of Purchaser as a unit owner, and any guests or invitees of Purchaser, in and to the common areas and facilities; (4) obligations and responsibility of the Purchaser for regular annual assessments and special assessments and the effect of nonpayment thereof, as set forth in the Declaration and the Bylaws annexed thereto; (5) limitations upon use of common areas and,facilities; (6) obligations of Purchaser and the association mentioned in said Bylaws for maintenance; and (7) restrictions upon the use of the unit ownership in real property conveyed hereby. NORTH CAROLINA CRAVEN COUNTY .f1J Gc05U2t NOV - 0 2006 ®WQ-WAR® Parcel 08-212-6 001 (part) PREPARED BY THOMAS M. WARD THIS CONDOMINIUM DEED,- made this 20th day of May, 1999, by and between ORTHO-POD DEVELOPERS, L.L.P., a North Carolina Limited Liability Partnership with its principal office and place of business in Craven County, North Carolina, party of the first part, and C.W.R.O., LLC, a North Carolina Limited Liability Company, whose address is 612-B McCar thy Blvd.. New Bern. NC 2856 party of the second part; W I T N E S S E T H: THAT said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell and convey unto. the said party of the second part, its heirs and assigns, a unit ownership in real property (under and pursuant to North Carolina General Statutes, Chapter 47-C, entitled "the North Carolina Condominium Act," and any amendments thereto), located in Number Eight Township, Craven County, North Carolina, and being more particularly described as follows: SEE SCHEDULE "A" ATTACHED HERETO TO HAVE AND TO HOLD the aforesaid unit ownership in real property and all privileges and appurtenances thereunto belonging, together with the aforesaid rights of easements and use in and to the common areas and facilities, and subject to said Declaration and Bylaws annexed thereto, to the said party of the second part, its heirs and assigns, in fee simple forever. AND the said party of the first part, for itself, its successors and assigns, covenants to and with the said party of the second part, its heirs and assigns, that it is seized of said premises in fee and has the right to convey the same in fee simple; i that the same are free and clear of all encumbrances, except those mentioned above, and that it will warrant and defend the said title i f to the same aga 4st .the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the said party of the first part has caused this instrument to be executed under seal and in such form as to be binding, the day and year first a,�pve written. ORTHO-P5,YD LOP RS, L.L.P. By ria . Battersby, Jr., Partner BY / homas Hagan,'Parf 2 NORTH CAROLINA CRAVEN COUNTY ;J I, JEANNE J. MICHAELSEN a Notary Public in and for said County andState, do hereby certify that BRIAN J. BATTERSBY, JR., Partner in ORTHO-POD DEVELOPERS, L.L.P., before me this day personally appeared, who being by me first duly sworn, says that he is a partner of ORTHO-POD DEVELOPERS, L.L.P., the partnership described in and which executed .the foregoing instrument; that he executed said instrument in the partnership name by subscribing his name thereto; and that the instrument is the act and deed of said partnership. WITNESS, my hand and notarial seal, this 20th day of May , 1999. .&\ 'N I c'ti "�Q My commission expires: August 23, 2003 NORTH CAROLINA CRAVEN COUNTY I, JEANNE J MICHAELSFN , a Notary Public in and for said County and State, do hereby certify that THOMAS HAGAN, Partner in ORTHO-POD DEVELOPERS, L.L.P., before me this day personally appeared, who being by me first duly sworn, says that he is a partner of ORTHO-POD DEVELOPERS, L.L.P., the partnership described in and which executed the foregoing instrument; that he executed said instrument in the partnership name by subscribing his name thereto; and that the instrument is the act and deed of said Partnership. WITNESS, my hand and notarial seal, this 20th day of May , 1999. My commission expires: 3 MOK ur4 NORTH CAROLINA CRAVEN COUNTY The foregoing certificates of J Notaries Public in and for said C my and 8 ate, arf� to be correct. This instrument was rented registration on this day and hour and duly recorded in the Office of She Register of Deeds of Craven County, North Carolina, in Book , at Page THIS 0 day of 1999, at �o-clock 2-m. ri ,r SCHEDULE "A" ��J s All that certain tract or parcel of land lying and being situate in Number Eight Township, Craven County, North Carolina, and more particularly described as follows: Being known and designated-as_Unit B as shown on a plat entitled "Plan of Coastal Bone and Joint Medical Suites - A Condominium for Ortho-PodDevelopers; L.,.L.,P.+612 A '& B McCarthy Blvd.," recorded in Condominium Plat Boo)c 4, at Page 69, in the office of the Register of'Deedg of Craven' County, North Carolina, reference to which is hereby made for a more particular description. i Together with all rights and easements appurtenant to:,; said unit as specifically enumerated in the Declaration of Covenants, Conditions, and Restrictions of Coastal Bone and Joint Medical Suites - A Condominium, issued by Seller and recorded in the office of the Register of Deeds of Craven County in Condominium Book�s� yy at page 1.10 , and Bylaws of Coastal Bone and Joint Medical Suites Homeowners Association, an Unincorporated Association of Unit Owners ("Declaration"), and pursuant thereto membership in .Coastal Bone and Joint Medical Suites Homeowners Association, an Unincorporated Association of Unit Owners. Together with all rights of Seller in an to the limited common elements (also sometimes referred to as common areas) and facilities appurtenant to said unit. SUBJECT TO the said Declaration and Bylaws annexed thereto, which with all attachments thereto are incorporated herein as if set forth in their entirety, and, by way of illustration and not by way of limitation, provide for (1) 50% as the percentage 'of undivided fee simple interest appertaining to the above unit in the. common areas and facilities; (2) use and restriction of use of unit for the operation of a professional practice, and other uses reasonably incident thereto; (3) property rights of Purchaser as a unit owner, and any guests or invitees of Purchaser, in and to the common areas and facilities; (4) obligations and responsibility of the Purchaser for regular annual assessments and special assessments and the effect of nonpayment thereof, as set forth in the Declaration and the Bylaws annexed thereto; (5) limitations upon use of common areas and facilities; (6) obligations of Purchaser and the association mentioned in said Bylaws for maintenance; and (7) restrictions upon the use of the unit ownership in real property conveyed hereby. ,c. ';.,. NOV - 6 2006 DWQ-WARC °K = 5 8 G Tax Parcel ID#: �`.gl a D,Q NORTH CAROLINA PREPARED BY CRAVEN COUNTY SUMRELL, SUGG, CARMICHAEL & ASHTON, P.A. THIS DEED, made this 1 day of September, 1997, by and between NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability company organized and existing under and by virtue of the laws of the State of North Carolina, Grantor; to TODD H. RANRIN, D.D.S., Of Craven County, North Carolina, whose mailing address is SO5 ��1, Cf iZ M a 6N� 4J� . Grantee; W I T N E S S E T H SL _a That the Grantor in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it paid by the- Grantee," the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell, and convey unto the Grantee, his *heirs and assigns, the following described property, to wit: All that certain tract or parcel of land lying and being situate in the City of New Bern, Number Eight (8) m x Township, Craven County, North Carolina, and being more Rim particularly described as follows: m j a)• V' m Z BEING all of Lot 2 consisting of 1.13 acres, more or { ¢ W less, as the same is shown and delineated on that i certain map or plat entitled 114 Lot Subdivision for New ` Bern Medical Development, LLCII, prepared by Robert M. Chiles, P.E., said map or plat being recorded in theOffice of the Register of Deeds of Craven County, in Plat Cabinet G, Slides 30-C and 30-D, reference to said o Z map being hereby made for a more particular description �] of said lot. =a o p0 �m Zt SUBJECT TO that certain non-exclusive access easement, for purposes of ingress, egress and regress, reserved unto New Bern Medical Developments, LLC, its successors and assigns, as the same is more particularly shown and J* 311Sag 0 delineated as 1124' ACCESS EASEMENT" between LOT 1 and LOT 2, as the same is shown and delineated on that certain map or plat entitled 114 Lot Subdivision for New Bern Medical Developments, LLC", prepared by Robert M. Chiles, P.E., said map or plat being recorded in the Office of the Register of Deeds of Craven County in Plat Cabinet G, at Slide(s) 30-C and 30-D, reference to said map being hereby made for a more .particular description of said easement. TO HAVE AND TO HOLD the above described lot or parcel of land and all privileges and appurtenances thereunto belonging, to the Grantee, his heirs and assigns, in fee simple forever, subject to the hereinabove mentioned encumbrances, if any. And the Grantor, for itself, its successors and assigns, covenants to and with said Grantee, his heirs and assigns, that it is seized of said premises in fee and has the right to convey same in fee simple; that the same are free from encumbrances except the hereinabove mentioned encumbrances, if any; and that it will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has caused this instrument to.be duly executed, this the day and year first above written. NEW BERN MEDICAL DEVELOPMENTS, LLC, A Limited Liability Company IMEMBER-MANAG Ss /' BY: (SEAL) BRIAN J. BATTERSBY, MD 2 9Ai J° 3) BY: /L�_. i r (SEAL) THO HAGAN, PM i BY: W• (SEAL) MARK JOHN Y, DDS, MD i BY: (SEAL) TODD H. RANKIN, ,DDS BY: k /VA WALTER R r, (SEAL) NORTH CAROLINA CRAVEN COUNTY, / I, — ZVI-)'q�P/3Un a Notary Public of Craven County, North Carolina, do hereby certify that BRIAN J. BATTERSBY, MD, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this day of September, 1997. IL i�?lk�pi�sdon Expires: (J Li.e4f. J:`''�fC6RunCtit6n(� NOTVEY PUBLIC 3 an�5d6 �� 95p NORTH CAROLINA CRAVEN COUNTY I, Zinn LJ 1! a2zoe,-jon lic of Craven County, North Carolina, do hereby certify Notary hat�THOMAS RAGAN, DPM, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and mber, 1997. Expires: COU' notarial seal, this _ZL day of r,gm-000m vL/ NORTH CAROLINA CRAVEN COUNTY / I, .L �✓r f < Q �1 iY✓/dr/s i7 a Notary Public ,oJp O Craven County North Carolina, do hereby certify that MARK S.,�} JOHNSON, DDS, MD, Member -Manager of NEW BERN MEDICAL DEVELOP North LLC, a limited liability company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand September, 1997. t;01Adbjnm°ion Expires: ' A o GIXfYn 0 h s coo and notarial seal, this _Z/_ day of NORTH CAROLINA CRAVEN COUNTY /////1 I, "�'/`?'z 4 "11 0"), 7 a Notary Public of Craven County, 61. Carolina, do hereby certify that TODD H. RANKIN, DDS, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this // day of September, 1997. >; OII7� CbrT�pUsion Expires: J:{1 r.'p = NOT PUBLIC '�!'�Tunli'?rTrxnhrh Aorit if look? Ev QOV'10,0. NORTH CAROLINA CRAVEN COUNTY I' ' 1(r ✓j �100 a Notary Public of Craven County, porth Carolina, do hereby certify that WALTER R. SECOSKY, DDS, MD, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability Company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this day of September, 1997. •t�Rr04sion Expires: y tai1o: r ^ • S"'Ja7un:,s r�trm Apr6 12 IN'T NOTAR LIC orp c:,:_ COV��t.,.•` 61 i 3K1586 " 9 S 2 NORTH CAROLINA CRAVEN COUNTY The foregoing certificates of Notaries Public of the County of Craven, State of North Carolina, are certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the Office of the Register of Deeds of Craven County, North Carolina, in Book / 59_, at.Page o clock This I day of September,, A.D., 1997, at 16S REGIST R OF D EDS DEPUTY REGISTER OF DEED 2\w\re\NBMEDIC2.DEE 6 All that certain tract or parcel of land lying and m m being situate in the City of New Bern, Number Eight (S) NF- Township, Craven County, North Carolina and being more uJ y particularlv descrihPri aC NOV — 6 2006 ®WQ-WAR® l2 o O . NORTH CAROLINA T8X Parcel IDq: PREPARED BY CRAVEN COUNTY aK SUMRELL, SUGG, CARMICHAEL & ASHTON, P.A. 1 5 6 ^y � � v" THIS DEED, made, this day of September, 1997, b between NEW BERN MEDICAL DEVELO Y and PMENTS, LLC, a limited liability company organized and existing under and by virtue of the laws of the State of North Carolina, Grantor; to SECOSRY AND JOHNSON GENERAL PARTNERSHIP, a North Carolina General Partnership with its principal office and place of business in// Craven County, North Carolina, whose mailing address is _ 900 A o SOi1 L i)r,,v e_ Sup,jt 4j( Grantee; W I T N E S S E T H That the Grantor in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell, and convey unto the Grantee, his heirs and assigns, the following described property, to wit: V" Ln 1H y x W BEING all of Lot 3 consisting of 1.13 acres, more or less, as the same is shown and delineated on that certain map or plat entitled "4 Lot Subdivision for New Bern Medical Development, LLC", prepared by Robert M. Chiles, P.E., said map or plat being recorded in the Office of the Register of Deeds of Craven County, in Plat Cabinet G, Slid30 to said b.Z -C and 30-D, reference - es map being hereby made for a more particular description a c3 a of said lot. �Zu 0 r, �r,t5B6 TO HAVE AND TO HOLD the above described lot or parcel of land and all privileges and appurtenances thereunto belonging, to the Grantee, his heirs and assigns, in fee simple forever, subject to the hereinabove mentioned encumbrances, if any. And the Grantor, for itself, its successors and assigns, covenants to and with said Grantee, his heirs and assigns, that it is seized of said premises in fee and has the right to convey same in fee simple; that the same are free from encumbrances except the hereinabove mentioned encumbrances, if any; and that it will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has caused this instrument to be duly executed, this the day and year first above written. NEW BERN MEDICAL DEVELOPMENTS, LLC, A Limited Liability Company MEMBER- Ell (/ BY: (SEAL) RIAN J. BATTERSBY, MD BY: % SEAL) ( HOMAS HAGAN, DPM --, !� BY:V 1 (SEAL) MARK M JOHN N, DDS, MD W BY: �' (SEAL) TODD H. RANKIN, DD 2 T t. oKl5�j6' L Q f BY: JWR R. SEC09 D (SEAT,) NORTH CAROLINA CRAVEN COUNTY I a Notary Public of Craven County, Ni6rth Carolina, do hereby certify that BRIAN. J. BATTERSBY, MD, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. W;TNESS my hand and notarial seal, this //// ,,SePtertjber, 1997. day of ;,j•�1..'...... vJn'c i.�myTC�n(ni� bn Expires: km Aprl 1Z 1998 NOT UBLIC ,L.9 cou;�ti� NORTH CAROLINA CRAVEN COUNTY I • �• 1���.�1 . In I l •; a Notary Public of Craven County, North Carolina, do hereby certify that THOMAS RAGAN, DPM, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this // ,,fgptember, 1997. 1 day of AV asion Expires: `ImEixDtm Aprl 12, 1998 NOT UBLIC � �OUl1� ,o``• 3 t NORTH CAROLINA CRAVEN COUNTY I, Notary Public 1o�� Craven County, orth Carolina, do hereby certify that MARK �/• JOHNSON, DDS, MD, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS,, ` LLC, a limited liability company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this /Z day of September; 1997. •� v r`SMy;Ccmgy'ss on`Expires: -y" ff% Aprj u 1998 NOT PUBLIC ' ,9 �'�COU41•�•1 •tr ,NORTH CAROLINA CRAVEN COUNTY / �,/ I' 'fin Jel �.� Oe' a.0 a Notary Public of lj Craven County, North Carolina, do hereby certify that TODD H. RANKIN, DDS, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this day of September, 1997. 41 ��L.•.. ?�';iy9aay'S`aipn Expires: Aye ky �tfiR95ian ixpttys Mt9 lZ 19% NOT PUBLIC 4 cK_ 1 j a 6 i'J 9,g2 NORTH CAROLINA CRAVEN COUNTY I l�nr7 L. Je 1� ",17 a Notary Craven County, North Carolina, o hereby certify thaWALTER RR. SECOSICY,'DDS, MD, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WETNESS my hand and notarial seal, this day of Septd er;:w'1997. 3�)n Expires: NO UBLIC - Plft Aml 1z 1998 C-:0UN ' ",NORTH CAROLINA .CRAVEN COUNTY The foregoing certificates of Notaries Public of the County of Craven, State of North Carolina, are certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the Office of the Register of Dee$�s of Craven County, North Carolina, in Book /SF , at Page 97J This / �- day of September, A.D., 1997, at o'clock 4.M. g c l l�p,I r4L BY: �__,) �I2EGZSTE�R OF D DS DEPUTY REGIS ER OF DEED 7 \'/\re\MMEDICI . DEE 5 �jJGL1Jsu(�= iRE e ED NOV - a- 2006 North Carolina Elaine F. Marshal! C)EPARTtENT oFDTHE E'VARQ Secretary SECRETARYOFSTATE Corporations *Corporations Home °Important Notice 'Corporations FAQ *Tobacco Manufacturers °Dissolution Reports *Non -Profit Reports •Verify Certification 'Online Annual Reports °KBBE B2B Annual Reports Links *Secretary Of State Home *Register for E-Procurement *Dept. of Revenue Legislation *1999 Senate Bills *2001 Bill Summaries *Annual Reports 1997 *Corporations 1997 Search 'By Corporate Name °For New Corporation 'By Registered Agent Online Orders 'Start An Order *New Payment Procedures Contact Us *Corporations Division *Secretary of State's web site Print *Printable Page PO Box 29622 Raleigh, NC 27626-0622 (919X7-2000 Date: 10/2/2006 Click here to: View Document Filings I Corporation Names Name Name Type NC Drs. Johnson & Foley, Legal P.A. NC Secosky and ]ohnson, Prev Legal P.a. NC Walter R. Secosky, Prev Legal D.D.S., M.S., P.a. Professional Corporation Information SOSID: 0130513 Status: Current -Active Date Formed: 4/20/1976 Citizenship: Domestic Professional Service: Dental services State of Inc.: NC Duration: Perpetual Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Stock Johnson, Mark W., D.D.S. 604 McCarthy Blvd. New Bern NC 28562-5231 604 McCarthy Blvd New Bern NC 28562-5231 604 McCarthy Blvd New Bern NC 28562-5231 No Address Class Shares No Par Value Par Value COMMON 100000 1 GEE, VIED 3K1584 PG*384 NOV -62004 DWQ-WARD NORTH CAROLINA Tax Parcel 2D4: ( f", j) PREPARED BY CRAVEN COUNTY SUMRELL, SUGG, CARMICHAEL & ASHTON, P.A. THIS DEED, made this c6--'day of August, 1997, by and between NEW IBERN MEDICAL DEVELOPMENTS, LLC, a limited liability company organized and existing under and by virtue of the laws of the State of North Carolina, Grantor; to KENNETH L. KLEIN, of Craven County, North Carolina, whose mailing address is 1700 St. Delights Church Road, New Bern, NC 28560 Grantee; W I T N E S S E T H: That the Grantor in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell, and convey unto the Grantee, his heirs and assigns, the following described property, to wit: All that certain tract or parcel of land lying and im.-MMA OMO mz being situate in the City of New Bern, Number Eight (8) C-4 Township, Craven County, North Carolina, and being more D= particularly described as follows: BEING all of Lot 4.consisting of 1.13 acres, more or less, as the same is shown and delineated on that certain map or plat entitled 114 Lot Subdivision for New Bern Medical Development, LLC", prepared by Robert M. k � Chiles, P.E., said map or plat being recorded in the o m W Office of the Register of Deeds of Craven County, in m m Plat Cabinet G, Slides 30-C and 30-D, reference to said -4 © N 'map being hereby made for a more particular description x m coof said lot. 1 TO HAVE AND TO HOLD the above described lot or parcel of land and all privileges and appurtenances thereunto belonging, to the 3K1589 Nc185 Grantee, his heirs and assigns, in fee simple forever, subject to the hereinabove mentioned encumbrances, if any. And the Grantor, for itself, its successors and assigns, covenants to and with said Grantee, his heirs and assigns, that .it is seized of said premises in fee and has the right to convey same in fee simple; that the same are free from encumbrances except the hereinabove mentioned encumbrances, if any; and that it will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has caused this instrument to.be duly executed, this the day and year first above written. V NEW BERN MEDICAL DEVELOPMENTS, LLC, A Limited Liability Company MEMBER -MAN G Ss BY:� / (SEAL) BRIAN J. BATTERSBY, MD BY.I �l (SEAL) THOMAS HAG, DPM BY: / " R A MARK S. JOHNSON, 53DSMD v ; BY:. TODD H. RANKIN, DDS (SEAT,) BY: (SEAL) WALTER R. SECOS DDS, 2 3K1584 FG3.86 NORTH CAROLINA CRAVEN COUNTY I, _�h C k i A h2i_1Ifl r a Notary Public of Craven County, North Carolina, do hereby certify that BRIAN J. BATTERSBY; MD, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. 1997. WITNESS my hand and notarial seal, this 6 .fitJ day of My Commission Expires: NOTARY PUBLIC NORTH CAROLINA CRAVEN COUNTY I' ' �•� `�� , a Notary Public of Craven County, North Carolina, do hereby certify that THOMAS RAGAN, DPM, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. w WITNESS my hand and notarial seal, this q�?K day qf'°';gy sC•;; 1997. �l: .:y;!!i� My Commission Expires: � � �• liA j NOTARY PUBLIC to-n-G'1 3 3K1584 Pc387 NORTH CAROLINA CRAVEN COUNTY I,�(� ;i l .GfYw/ a Notary Public of Craven County, North Carolina,.. do hereby certify that MARK S. JOHNSON, DDS, MD, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability company personally appeared before me this' day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, + " 1997. this oi(o day.;•$.L?tixg�skj My Commission Expires: i� tfi '.:�ZV10.1•',j NOTARY PUBLIC NORTH.CAROLINA CRAVEN COUNTY n I, . . l fG a Notary Public of Craven County, North Caroli a, do hereby certify that TODD H. RANKIN, DDS, Member -Manager of NEW BERN MEDICAL DEVELOPMENTS, LLC, a limited liability company personally appeared before me this,day and acknowledged the due execution of the foregoing instrumeatL WITNESS my hand and notarial seal, thisoi(O da 1997. , My Commission Expires: u-3, ^ ';. w ��' •'' J'r r.:T NOTARY PUBLIC N 6'1584 r0388 NORTH CAROLINA CRAVEN COUNTY I,�Ci�f�Uc. Craven County, North a Notary Public of Caroli do hereby certify that WALTER R. SECOSKY, DDS, MD, Member -Manager of NEW BERN MEDICAI, DEVELOPMENTS, LLC, a .limited liability company personally appeared before me this day and acknowledged the due execution of the foregoing instrument. 1997: WITNESS my hand and notarial seal, this oa My Commission Expires: ►o—a1)-ge) NORTH CAROLINA CRAVEN COUNTY 11tn0�>';r L. d10 ,11:�D•�: r . NOTARY PUBLIC Q ... R<- :ya The foregoing certificates of Notaries Public of the County Of Craven, State of North Carolina, are certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the Office.of the Register of Deedof Craven County, North Carolina, in Book �at Page 3Dry This )0 day of August, A.D., 1997, at �:0y.. o'clock 1.M. REGISTER/OF DEEIIS DEPUTY REGISTV'OF DEED 2\w\re\NBMEDIc1.DEE 5 M Nov — o Zoos NON -ROUTINE MAINTENAN E- ®WQ WA®RO 1. Structure Repairs and Replacement Owner shall replace all deteriorated inlet/outlet works and decant orifice structure and pipe riserworks when deterioration from use and age causes them to fail and function properly. Owner shall be responsible for all costs Incurred with their replacement. Replacement shall be in accordance with original plans and specifications. 2. Sediment Removal Owner shall be responsible for the removal of excess accumulated sediment in the pond when the storage capacity is significantly reduced from the design capacity due to the properly designed and functioning stormwater retention pond. Owner shall be responsible for all incurred costs of removal and proper disposal of the sediment in accordance with all local, state, and federal regulations. Sediment removaVcleanout cycle forstormwaterretention pond is recommended on a ten to twenty year cycle. Owner shall every five (5) years measure the depth of sediment above design grade to determine rate of accumulation and to establish a time line for sediment removal. Owner shall be responsible for all annual costs of routine maintenance and for any and all non - routine maintenance costs as they occur throughout the fife of each of the stormwater retention /' S vA aay of V�r . , 20-q�Q, and acknowledged the due execution of the foregoing sformwater system maintenance requirements. Witness my hand and official seal. Shea M. Argenlo Public Notary Public Craven County North Carolina M�,tary Public My commission expires: 4 Lot SuLdUsan 7 RUC No: 96136SW W A,Fq �pF Michael F. Easley, Governor 9 William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources Q Alan W. Klimek, P.E. Director _ Division of Water Quality July 27, 2006 New Bern Medical Developments, LLC Attn: Mr. Todd Rankin 409 Haywood Creek Drive New Bern, NC 28562 Subject:: Stormwater Permit No. SW7961006 New Bern Medical Developments Craven County Dear Mr. Rankin: The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW7961006 to New Bern Medical Developments, LLC for New Bern Medical Developments on February 21, 1997. This permit expires on February 21, 2007. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $420.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact us at 252-946-6481. Enclosures cc: Robert M. Chiles, PE cerel , AAT H�odge, to a Stupervisor Surface Water Protection Section Washington Regional Office Office North Carolina Division of Water Quality Internet: www.ncwateraualitv.ore �rOne 943 Washington Square Mall Phone (252) 946-6481 r p Carolina Washington, NC 27889 Fax (252) 946-9215 if tliNif/�f/ An Equal Opportunity/Affirmative Action Employer —50%Recycledll0% Post Consumer Paper Lis -{IL LLs s� 417-A BROAD STREET P.O. BOX 3496 NEW BERN, NORTH CAROLINA, 28584-3498 ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS MARINE SURVEYORS June 22, 1998 Mr. William Moore North Carolina Department of Environment & Natural Resources Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Dear Mr. Moore: BUSINESS: 252-037-4702 NIGHTS: 252-838-2346 FAX: 252-637-310D p� 9 R 0 d� JUN Z 3 M WASHINGTON REGIONAL OFFICE Enclose please find the Designer's Certification for the Stormwater Permit No. SW79610006 for New Bern Medical Developments, LLC. This certification is only for the wet detention pond on Lot No. 1 in this project. Please note that the required wording of Designer's Certification found in the approved permit has been typed on our letterhead. As required by the permit, upon completion of the detention ponds for each of the ponds, the remaining certifications will be forwarded to your office. I have also included a copy of the certification sent to the Chief Building Inspector's office for the City of New Bern for your files. If you have any questions concerning this certification please do not hesitate to call. Yours Very Truly, Barbara D. Francis 96136SW StateCertLoti Itcdoc MECHANICAL, CIVIL, AND MARINE EP COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN MARINE HYDROGRAPHIC AND LAND SURVEYS FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE /aY, NRi'^1O f YCaIONMf OWCE t 40 ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS 8 417-A BROAD STREET MARINE SURVEYORS P.O. BOX 3488 NEW BERN, NORTH CAROLINA 28584-3486 June 22, 1998 Mr. William Moore North Carolina Department of Environment & Natural Resources Division of Water Quality 943 Washington Square Mall Washington, NC 27889 BUSINESS: 252-637-4702 NIGHTS: 252-638-2348 FAX 252-837-3100 PROJECT: New Bern Medical Developments, LLC - attn: Mr. Todd H. Rankin Manager Lot No. 1, Dr. Brian J. Battersby, Jr. — Coastal Orthopaedic and Spine Surgery (616) Dr. Tom Hagan, DMP (612) 612 & 616 McCarthy Blvd., New Bern, Craven County, NC Stonnwater Permit No. SW7961006 Dear Bill: Designer's Certification I, Robert M. Chiles , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe periodically the construction of the project, New Bern Medical Developments. LLC - Lot No. 1 for Drs. Hagan & Battersby , 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. Registration Number: SEA L 5365 Date: BDF/bdf cc: Dr. Tom Hagan & Dr. Brian J. Battersby, Jr. New Bern Medical Developments, LLC Northeast Construction Co. City Inspections Dept. File 96136SW StateCertLotl ltr.doc MECHANICAL, CIVIL, AND MARINE ENGINEERING M COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN MARINE HYDROGRAPHIC AND LAND SURVEYS FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE 417-A BROAD STREET P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 June 22, 1998 ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS 8 MARINE SURVEYORS Mr. Johnny Clark, Chief Building Inspector Mr. Lenwood Toler, Inspector City of New Bern Planning & Inspections Department City of New Bern P.O. Box 1129 New Bern, NC 28560 BUSINESS: 252-637.47M NIGHTS: 252-638-2346 FAX 252-637.3100 PROJECT: New Bern Medical Developments, LLC - attn: Mr. Todd H. Rankin Manager Lot No. 1, Dr. Brian J. Battersby, Jr. — Coastal Orthopaedic and Spine Surgery (616) Dr. Tom Hagan, DMP (612) 612 & 616 McCarthy Blvd., New Bern, Craven County, NC Stormwater Permit No. SV 7961006 Dear Johnny/Lenwood: Designer's Certification I, Robert M. Chiles , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe periodically the construction of the project, New Bern Medical Developments LLC - Lot No. 1 for Drs. Hagan & Battersby , hereby state that to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature: Registration Number: 153 Date: 7JNP ZZ l qQ BDFlbdf cc: Dr. Tom Hagan & Dr. Brian J. Battersby, Jr. New Bern Medical Developments, LLC Northeast Construction Co. File 96136SW C@yCertLotl Hr.doc MECHANICAL, CIVIL, AND MARINE ENGINEERING N CARo", *(' SEAL IIi`: Fhclr,i �� 4�1M. COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN MARINE HYDROGRAPHIC AND LAND SURVEYS FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE VVARO State of North Carolina Department of Environment, Health and Natural Resources • LA� Washington Regional Office 2& James B. Hunt, J Governor p FEE H PA Fit B. Howes, Secretary DIVISION OF WATER QUALITY February 21, 1997 New Bern Medical Developments, LLC Attn: Mr. Todd H. Rankin 409 Haywood Creek Drive New Bern, NC 28562 Subject: Permit No. SW7961006 New Bern.Medical Developments High Density Stormwater Project Craven County Dear Mr. Rankin: The Washington Regional Office received the completed Stormwater Application for the subject project on February 20, 1997. 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. SW7961006 dated February 21, 1997 to Mr. Todd H. Rankin. This permit shall be effective from the date of issuance until February 21, 2007 and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North. Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity AtTirmativc Action Employer New Bern Medical Developments, LLC Mr. Todd H. Rankin February 21, 1997 Page Two If you have any questions, or need additional information concerning this matter, please contact Bill Moore at (919) 946- 6481, extension 264. Sincerely, Ro' g@r K. Thorpe Water Quality Supervisor Washington Regional Office cc: Robert M. Chiles Coven County Inspections Washington Regional Office Central Files State Stormwater Management Systems Permit No. SW7961006 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH 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 New Bern Medical Developments, LLC Craven County FOR THE construction, operation and maintenance of stormwater management systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules") and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit for a (4) wet detention ponds (one for each commercial lot) to serve New Bern Medical Developments, LLC located at New Bern, NC. This permit shall be effective from the date of issuance until February 21, 2007, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on pages 4 and 5 of this permit, the Project Data Sheet(s). 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 3 DIVISION OF WATER QUALITY PROJECT DATA Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Water Body Receiving Stormwater Runoff: Classification of Water Body: Pond/Basin Depth: Permanent Pool Elevation: Total Site Area: Total Impervious Surfaces Allowed: Required Surface Area (SA/DA): Provided Surface Area: New Bern Medical Developments separate & identical wet ponds to serve each of the (4) commercial lots SW7961006 Craven County Todd H. Rankin 409 Haywood Creek Drive New Bern, NC 28562 10/15/96; original 2/20/97; complete UT -Trent River SC 4.0 feet 25.0 ft MSL 1.13 acres each lot 0.66 acres each lot 1329 square feet 1500 square feet 4 Required Storage Volume: 2461 cubic feet Provided Storage Volume: 2925 cubic feet Temporary Storage Elevation: 26.5 ft MSL Controlling Orifice: 0.75 inch orifice pipe 4. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 5. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change C. Transfer of ownership d. Redesign or addition to the approved amount of built -upon area e. Further subdivision of the project area. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. II. SCHEDULE OF COMPLIANCE 1. The permittee will comply with the following schedule for construction and maintenance of the stormwater management system. a. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended. use prior to the construction of any built -upon surfaces except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 5 2. The facilities must be properly maintained and operated at all times. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency including, but not limited to: a. Semiannual scheduled inspections (every 6 months) b. Sediment removal C. Mowing and revegetation of side slopes d. Immediate repair of eroded areas e. Maintenance of side slopes in accordance with approved plans and specifications f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Mail the Certification to the Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina, 27889, attention Division of Water Quality. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. III. GENERAL CONDITIONS 1.. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be- imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. Permit issued this the 21 st day of February, 1997. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Y A. Preston Howard, Jr., P.E., Dir Division of Water Quality By Authority of the Environmental Permit Number SW7961006 Management Commission 7 New Bern Medical Developments, LLC Mr. Todd H. Rankin Craven County Stormwater Permit No. SW7961006 Designer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, for Project) (Project Owner) hereby state that to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration Number Date Note: Each of the (4) wet detention ponds must be certified. DIVISION OF ENVIRONMENTAL MANAGEMENT NORTH CAROLINA STORMWATER MANAGEMENT PERMIT APPLICATION I. GENERAL INFORMATION 1. Project Name 4 LOT SUBDIVISION 2. Location, directions to project (include County, Address, State Road) Attach map. 600, 604, 608, & 612 McCarthy Blvd., New Bern, N.C., Township No. 8 Craven County WAgPIRAECEIVFp ^FFICE 3.Owner's Name New Bern Medical Developments, LLC phone (919) 633-4751 OP 1 5 1996 4. Owner's Mailing Address 409 Haywood Creek Drive City New Bern State NC Zip 28562 5. Application date September 12, 1996 6. Nearest Receiving Stream UT- Trent River Fee enclosed $ 385 ✓ SC -NSW 7.Projectdescription To construct four (4) small ponds on the 4.53 ± ac. site to accomo- date development of the subdivision. `«v. Liu II. PERMIT INFORMATION I <5t f, 2/ 2'/ 1. Permit No.(robefilledinbyDEM) J W 726 6 1006 2.Permit Type X New Renewal Modification (existing Permit No.) 3. Project Type: _Low Density _X_Detention_ Infiltration Other:_ Redevelop _General _Dir Cert 4. Other State/Federal Permits/Approvals Required (Cheek appropriate blank) CAMA Major Sedimentation/Erosion Control X 404 Permit III. BUILT UPON AREA (Please see NCAC 2H. 1005 dhru .1007for applicable density limier) Classification Allowable Impervious Area Total Project Area Proposed Impervious Area (includes future dev.) % Impervious Area Drainage Drainage Breakdown of Impervious Area Basin Basin (Please indicate below the design impervious arm) SC -NSW Buildings 19,741 N/A Strom N/A 4.53 ± ac. Parking/SW 63,179 2.91 - ac. Other 43,646 (futura dev.) 64 % Totals 126,566 ± sq. ft. IV. STORMWATER TREATMENT (Describe bow the ranoff will be treated) Runoff from parking lots, roofs, etc., shall flow to and be retained in the respective pond, draining over a 2 to 5 day period into each pond's 50' grass lined swale before draining into a ditch, which drains into the U.S. 70 ditch flowing under U.S. 17 towards the Trent River and finally drains into an unnamed tributary into the Trent 'River. j V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS Deed restrictions and protective covenants are required to be recorded for all low density projects and all subdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded for the type of project applied for. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the covenant cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. VI. OWNER'S CERTIFICATION h -�bA A H • certify that the information included on this permit (phare print or type name clearly) application form is correct, that the project will be constructed in conformance with the approved plans, that the deed restrictions will be recorded with all required permit conditions, and that to the best of my knowledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize the below named person or firm to submit stormwater plans on my behalf. and Title VII. AGENT AUTHORIZATION m usrBE co PLE7r:o) Person or firm name Robert M. Chiles, P. E Mailing Address P.O. Box 3496 City, New Bern Date Enqineers and Consu State NC Zip 28564-3496 phone (919) 637-4702 Fax (919) 637-3100 Please submit application, fee, plans and calculations to the appropriate Regional Office. , cc: Applicant[WiRO//Central Files Office use only FEB-17-97 MON 2:48 PM ROBERT M CHILES P.E. FAX NO. 91933731J0 ROBERT M. CHILES, P.E. ENGINCCAS. CONGULTANTS b A 17-A BROAD STREET MARINE SURVEYORS P.O. PDX N90 NEW BERN. NORTH CAROLINA E656E.3495 LETTER OF TRANSMITTAL TO: N.C. DEHNR Washington Square Mail Washington, N. C. GENTLEMEN: We are sending you: DATE: February 17 1997 ATTN: Mr. William Moore REF: 4 Lot Subdivision F. 1 DUDINEDD: D19-07-4702 NIGHTS; 919.630.2W PAX: 919A373100 New Bern Medi.col Developments, LLC RMC No: 96136 R ATTACHED ❑ UNDER SEPARATE COVER' ❑ PRINTS ❑ PLANS ❑SPECIFICATIONS • COPY OF LETTER O OTHER ❑ MYLAR DESCRIPTION: Revised calculations - Orifice THESE ARE TRANSMITTED AS CHECKED BELOW: FOR APPROVAL ❑ FOR REVIEW OR COMMENT !x( FOR YOUR USE ❑ FORBIDS DUE 19 R(AS REQUESTED ❑ PRINTS RETURNED AFTER LOAN TO US ❑ OTHER REMARKS: Per your request, COPIES TO: ' (IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE) MECHANICAL, CIVIL, AND MARIN= ENGINEERING FORENSIC ENGINEERING AND FAILURE ANALYSIS COMMERCIAL, INOUSTAIAL. MARINE AND RAILROAD FAC'LITIES DESIGN MARINE 11YDROQU141C AND LAND SURVEYS MOUNDARY SUR'.EYS AND MAPPING SERVICE FEB-17-97 MOP] 2 48 PM ROBERT M CHILES P.E. FAX NO. 919'03131J0 ROBERT M. CHILES, P.E. Engineers & Consultants F, 2 PROJECT AREA - EACH LOT 1.13 acres = 49,223 sq It Building 7.140 sq ft Parking, Pavement, Sidewalks, Conc. 21,446 sq ft Pond Area, Easements, Buffers, Setbacks 17,890 sq ft Other, Grass 2,947 sq ft TOTAL 49,223 sq ft Offsite area entering pond = NONE VOLUME: r Runotf from impervious area 1.13 acre x 60 0.7 acres = 29,534 sq It 0.7 43560 12 = 2,461 cu it SA/SD Ratio for 4' Basin Depth 0 90% Imperviou 4.50 SA = 0.7 x 4.5 = 0.0305 acres = 1,329 sq ft 100 Pannanent Pool Elevatl 25.0 Design Storage 26,5 1.5 Rise Design Topof Bank 27.5 Storm Depth Emergency Spillway 27.0 Bottom Elevation 21.0 PERMANENT POOL SURFACE AREA REQUIRED) PROVIDED SA = Permanent Pool SA = 0.0305 acres 1,329 sq It Permanent Pool = 1,329 sq ft reqd 1.500 sq ft Provided Pond Storage= 2,461 cu ft req'd 2.925 cu ft Provided ORIFICE SIZING (assume 3 day drawdown) Orifice Flow = On 0 = CdA 29h Solve forA: A=Q1(Cd(2gh)) 7 WHERE: 0- 0.01126 Cd a os0 A = 0.3897 in`in 9 = 32.2 fJsec'sec h = 0.75 It 4 Lot SUbdivIslon 96138 •`'�N CARDS , r\�O oF65cr0' '�y•. it SEA1; F� FEE- 17-9I MON 2:09 PM ROBERT M CHILES P. E. FAX NO. 9193313110 F. 3 ROBERT M. CHILES, p.E. Engineers & Consultants Check Drawdown VVn(3re A= ea ia`�iola Ax 0.4418 Win drawdewntime= 2.65 days RISER SIZING Storm Runoff c a = CAi C = 0.00 A= 1.13 i = 6.24 10 year i= 7,20 100year Q = 6.3 cis 10 year 7.3 cis 100 year WeirDiscnarge = Q � CwLH Cw= 3.33 shape Crest weir L= d =12"=3.1416 H = 1.5 12" Riser will handle 100 year storm with pond water level rise 1.5 feet or less 4 Lot Subdivision 96136 FEB-17-97 MON 2:49 PM ROBERT M CHILES P,E; FAX R0, 9193373130 F, 4 TRASH HOCO PSt�__--_-_ R5.0' EL, PERMANENT POOL _ 6" m PIPE (1) 3/4"0 ORIFICE 18-0 CMP--'---� DECANT ORIFICE STRUCTURE N-s T� ---------------- —� PJ OR TH NOW or FORMERLY C. G. W. INC. DEED SOCK 1368, PACE 805 ZONE C-3 (PROPOSED WELLONS CENTRE) TREATE I� .� I ��'�SEF TYPI(`AL p�AN FL I,I-i_�i1 F•. I p�„0 I f I "-- ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS MARINE SURVEYORS 417-A BROAD STREET BUSINESS: 919L63]-4]02 P.O. BO%3496 NIGHTS: 919 638 2346 NEW BERN, NORTH CAROLINA 285643496 FAX: 919 637-3100 October 11, 1996 Mr. William Moore NC DEHNR, Water Quality Section RECEIVV Washington Regional Office WASHINGTON OFFICE 1424 Carolina Avenue OCT 1 5 1996 Washington, N. C. 27889 D. E. M. Subject: 4 Lot Subdivision Stormwater Permit and Management Plan Dear Mr. Moore: Please find attached the submittal package for Stromwater Management Plan forthe proposed 4 Lot Subdivision for New Bern Medical Developments, LLC located on McCarthy Blvd. The submittal package includes the following: Original and one copy of the Permit Application Vicinity Map and portion of USGS Map (2 copies each) Stormwater Maintenance Plan (including calculations) -original and one copy. Stormwater Management Plan Drawing (Sheet 1 of 1) (2 copies). New Bern Medical Developments, LLC check no: 119 for $385.00. If you have any questions or determine you need additional information, please contact us at your convenience. Yours very truly, ROBERT M. CHILES,, P.E. Barbara . Franck Enclosures cc: Mr. Danny Jackson 96136swAr MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE I z -t a 9 la daL f. ROBERT M. CHILES. P.E. Engineers &Consultants PROJECT AREA - EACH LOT S Building Parking, Pavement. Sidewalks. Conc. Pond Area. Easements, Buffers, Setbacks Other, Grass TOTAL Offsite area entering pond = NONE 1.13 acres = 49.223 sq ft 9 '5 7.140 sq ft Q __ .. __........-i I� sq ft RECEIVED WASI-L♦II�JON OFFICE 17,690 sq ft eKP fG..� DEC 2 0 1996 2.947 sq ft d rf / pl, g M. 49.223 sq ft �; _.... .... VOLUME: 1" Runoff from impervious area / 1.13 acre x 60% = 0.7 acres = 29.534 sq ft �L 0_7 43560 / 12= 2.461 cult ✓ SA/SD Ratio for 4' Basin Depth @r. 90% Impervious = 4.50 / SA = 0.7 x 4.5 = 0.0305 acres = 1.329 sq ft " 100 Permanent Pool Elevation Design Storage Top of Bank Emergency Spillway Bottom Elevation 25.0 265 1.5 Rise Design 27.5 Storm Depth 27.0 21.0 PERMANENT POOL SURFACE AREA REQUIRED / PROVIDED SA = Permanent Pool SA = 0.0305 acres = 1,329 se ft Permanent Pool = 1.329 sq ft req'd 1.500 sq ft Provided Pond Storage= 2.461 cu ft req'd 2.925 cu ft Provided SEq p S365 T M. CIA-1 4 Lot Subdivision 96136 12-18-9� dad. .r -;,• ' ROBERT M. CHILES. P.E. Engineers & Consultants ORIFICE SIZING Orifice Flow = cfs \ Cd = 0.60 A = 0.042 = (3) 1 /2" dia. holes = (3) 0.0014 sq ft C > `� Q = CdA 2gh g = 32.2 ft/sec Q = 0.0174 cfs , pS/166 s h =0.75 = average 0-18" = 9/12 Q =1.044 cfm Q = 62.64 cfh Q = 1503.36 cf day c� OutletTme \ 2.461 /1503.4 1.6371 days Site /le Z ' S RISER SIZING 0 ^tea( Storm Runoff = Q = CAi C = 0.90 0 , A= 1.13 i= 6.24 10year i = 7.20 100 year Q = 6.3 cfs 10 year 7.3 cfs 100 year Weir Discharge = Q = CwLH Cw = 3.33 shape crest weir L= d =12"=3.1416 H= 1.5 12" Riser will handle 100 year storm with pond water level rise 1.5 feet or less pRTH =0 SF 4 Lot Subdivision 96136 STORMWATER MAINTENANCE PLAN FOR THE 4 LOT SUBDIVISION McCARTHY BOULEVARD FOR NEW BERN MEDICAL DEVELOPMENTS, LLC JOB NO: 96136 NEW BERN MEDICAL DEVELOPMENTS, LLC 409 Haywood Creek Drive New Bern, NC 28562 r.anrnr (919) 633-4751 . CAROq pQ' oFEss�oti �c SEAR 5365 �O F4GIt 77 .M. r✓t RECEIVRD WASHINGTON OFFICE OCT 1 5 1996 ROBERT M. CHILES, P.E. Engineers & Consultants P. O. Box 3496 New Bern, NC 28564-3496 (919)637-4702 September 12, 1996 D. E. M. u►191 NARRATIVE PROJECT DESCRIPTION SITE DESCRIPTION ADJACENT PROPERTY SOILS GENERAL CALCULATIONS MAINTENANCE PLAN DRAWING TITLED "STORMWATER MANAGEMENT PLAN OF 4 LOT SUBDIVISION FOR NEW BERN MEDICAL DEVELOPMENTS, LLC, NEW BERN, NC' NARRATIVE The purpose of the project is to construct four stormwater retention ponds to serve a 4.53 acre 4 Lot Subdivision. The project is within the city limits of New Bern, Craven County, North Carolina and is being developed by the New Bern Medical Development, LLC, owner. The work proposed will include excavation of the retention ponds for the 4 Lot Subdivision, and construction of its on site storm drainage system. A Sedimentation and Erosion Control Plan has been prepared, submitted, and awaiting approval by the N. C. DEHNR. The undeveloped site is located on the east side of McCarthy Blvd. between Cardinal Place and Clarendon Blvd/Highway 17, and bounded on the north by the proposed New Bern Outpatient Surgery Center, on the west by the Main Post Office (McCarthy Square) and on the east and south by undeveloped property. The topography of the site is relatively flat heavily wooded area. The site is bounded on the north by the proposed New Bern Outpatient Surgery Center which will have its retention pond. A ditch will be located on the eastern property line which will flow to a 24" CMP which will flow to existing N.C. DOT ditches, eventually flowing into Trent River. The project site is located in the Coastal Plain Physiographic Province, consisting mainly of marine sediments which were deposited during successive periods of fluctuating sea level and moving shoreline. The subsurface profile typically consists of inter bedded layers of sands, silts, and clays with irregular deposits of shells and in some location, poorly consolidated limestone. The nearsurface soils stratum is approximately six (6) feet thick and consists of very loose to loose silty and clayey sand. 4 Lot Subdivision 3 RMC No: 96136SW The stormwater collection system described herein and on the attached drawing will provide the following methods for control of sediments and for removal of pollutants from the developed site runoff. 1. Collectionof all runoff from thesiteduring developmentof the retention pondswith controlled discharge. 2. Retention of the runoff resulting from the first one (1) inch of rainfall on the parking and roof areas into the wet ponds. Subsequently this runoff will drain over a 2-5 day period into the respective 50' grass -lined swale before drainage into an existing ditch. 3. The rainfall during a 10 year storm event will result in peak runoff flows of 25.4 cfs. For a 100 year storm the peak runoff becomes 29.3 cfs. Therefore the 18"o riser outlet will handle a 100 year storm with pond water level rise less than 1.5 feet. 4. The retention time for the pond are set at 2.5 days with a total outfall of 1,503 cf/day from (3) 1/2 inch diameter orifices per each pond. 5. The stormwater runoff in excess of the first one (1) inch of rainfall will discharge from the retention ponds through 18"o CMP at elevation 25.0' ABV MSL, then through 50 foot long grass lined swales to a proposed ditch. The storm pool elevation is set at 26.5' ABV MSL with additional emergency discharge along a 6' wide emergency spillway, (for each pond) at elevation 27.0' adjacent to the existing ditch, as shown on the plan. 6. The entire project site to be served by the new retention ponds as shown on the "Stormwater Management Plan of 4 Lot Subdivision for New Bern Medical Developments, LLC" prepared by Robert M. Chiles, P.E. dated 09-12-96. 7. No 404 wetlands have been determined to be on this site. 8. The project site will be developed under zone C-3 (commercial use) under the existing City of New Bern Land Use Ordinance and zoning requirements with each area having an impervious area less than 90% of each entire site. 9. Seeding specifications shall be as specified in the approved Sedimentation and Erosion Control Plan. 4 Lot Subdivision 4 RMC No. 96136SW ROBERT M. CHILES, P.E. Iy Engineers & Consultants SHEET N0. 1 OF NEW BERN, NC 28560 CALCULATED BY U DATE Oq 1Z" (919) 637-4702 R NAIL DATE 1 CHECKED BY SCALE pppUXf fiKl ®IM., 6rtmn, M. 014W JOBS ROBERT M. CHILES, P.E. / Engineers & Consultants SHEET NO. OF `1 NEW BERN, NC 28560 CALCULATED BY DATE (919) 637.4702 A^ / CHECKED BY f� /✓Il_ DATE Voc,UME�. 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I ....... 4----- Gl ®ft.cA Qlm MAINTENANCE PLAN Owner shall maintain ponds during the construction phase of the project and after construction is completed for all routine and non -routine maintenance tasks. Owners shall be responsible for the perpetual care of the stormwater retention ponds. A. CONSTRUCTION PHASE All erosion and sediment control practices shall be checked for stability and properoperation following every runoff producing rainfall and in no case less than once every week during construction. All repairs shall be made immediately and shall be in accordance with the approved Sedimentation and Erosion Control plan. The retention ponds shall be inspected during the construction phase of the project following every runoff producing rainfall and in no case less than once a week. Check the embankment, spillway, outlet, and swale on each pond for erosion damage, and inspect the embankment also for piping and settlement. Make all necessary repairs immediately. Remove all trash and other debris from the riser and pool area. Periodic inspection of the discharge orifice header shall assure that the system is not clogged. The retention ponds shall be inspected for a build-up of sediment. If and when the sediment layer exceeds 18 inches thick on the average above the design grade, then this sediment shall be removed. At the close of the construction phase of the project, the ponds shall be cleaned of excess sediment to the designed grade and begin functioning as storm water retention ponds. All regrading or repairing of the side slopes, seeding, mowing and any and all repairs shall be performed prior to close-out of the construction phase. The grass -lined &wale from each pond's overflow structure shall be properly inspected and maintained against erosion, weeds, and woody vegetation chocking the discharge from the pond. All seeded areas shall be maintained to sustain the required vegetation. Any and all bare areas shall be replanted as necessary, with all repairs made immediately. B. MAINTENANCE REQUIREMENTS: Owner shall be responsible for all routine and non -routine requirements associated with the maintenance of the stormwater retention ponds. Upon completion of earth disturbing activities and for 12 months following completion of the work, the owner shall inspect the site following every runoff producing rainfall. A written log shall be maintained of any needed repairs noted at the inspection, the name of the Contractor completing the repairs, and the date such repairs are completed. 4 Lot Subdivision 5 RMC No: 96136SW Mowina. The side -slopes, embankment, buffer area, areas within the fence, areas adjacent to the emergency spillways and the grass -lined swales shall be mowed at least once a month during the main growing season and at least two other times during the year to prevent woody growth and to control weeds. Grass shall be mowed to a "meadow -like" condition and shall be maintained according to Section 6.11 Permanent Seeding of the approved Sedimentation and Erosion Control Plan. 2. Inspections. Each stormwater retention pond shall be inspected (at a minimum of) on an annual basis to ensure that the structure operates in the manner originally intended. Additional inspections shall be conducted during wet weather, or times of extreme weather to determine if each pond is functioning properly. Inspection priorities shall include (but not limited to) the following: checking the embankment for any erosion, subsidence, cracking, bare areas in the grass, and tree growth; the condition of the emergency spillway and adjacent ditch; the fence and adjacent planting buffers; the accumulation of sediment; clogging of the decant orifice structure and outlet pipe; the adequacy of upstream and downstream channel erosion protection measures including any modifications which haveoccurred to the contributing watershed, and the pond structure including the stability of the side slopes. Inspections shall be carried out with "As -Built" retention pond plans. 3. Debris and Litter Removal. Debris and litter removal from the surface of the pond shall be included as a part of the periodic mowing operation. Particular attention shall be paid to any floating debris around the riser and trash rack, and the decant orifice structure shall be checked for possible clogging. Any trash found within the area of the ponds, ditch, and fence shall be removed and disposed of properly according the City and County regulations. 4. Erosion Control. Corrective measures and repairs shall be done to the pond's side slopes, embankment, emergency spillway and grass lined swale where settlement, slumping, and erosion has occurred. Repair as necessary the ditch within the fence area. Repair or replace the rip rap protecting the channel near the outlet as required to stop the erosion. All repairs shall be done in accordance with the original plans and specifications. 5. Nuisance Control. Owner shall maintain the retention ponds and adjacent areas so as to control the possible problems of weeds, odors, algae, and insects. Proper maintenance shall take care of most problems except in times of extreme dry weather. Owner shall also use biological control against mosquitos and algae through the use of fish and fat head minnows when possible in lieu of chemical applications. 4 Lot Subdivision 6 RMC No: 961365W f 1. Structure Repairs and Replacement. Owner shall replace all deteriorated inlettoutlet works and decant orifice structure and pipe riser works when deterioration from use and age causes them to fail and function properly. Owner shall be responsible for all costs incurred with their replacement. Replacement shall be in accordance with original plans and specifications. 2. Sediment Removal. Owner shall be responsible for the removal of excess accumulated sediment in the pond when the storage capacity is significantly reduced from the design capacity due to the properly designed and functioning stormwater retention pond. Owner shall be responsible for all incurred costs of removal and proper disposal of the sediment in accordance with all local, state, and federal regulations. Sediment removaVclean out cycle for stormwater retention pond is recommended on a ten to twenty year cycle. Owner shall every five (5) years measure the depth of sediment above design grade to determine rate of accumulation and to establish a time line for sediment removal. Owner shall be responsible for all annual costs of routine maintenance and for any and all non - routine maintenance costs as they occur throughout the fife of each of the stormwater retention ponds. NEW BERN MEDICAL DEVELOPMENTS, LLC Sworn to and subscribed before me this ( bff day of Gw kt4e 1996. )L NOTARY PUBLIC My commission expires: MC19 Y •1 r 4 . 4 Lot Subdivision 7 RMC No: 96136SW 417 A BROAD STREET P.O. BOX 3496 NEW BERN, NORTH CAROLINA 285643496 TO: NC DEHNR 1424 Carolina Avenue Washington, N. C. ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS MARINE SURVEYORS BUSINESS: 919-637-4702 NIGHTS: 919-638-2346 FAX: 919-637-3100 LETTER OF TRANSMITTAL DATE: December 20, 1996 ATTN: Mr. William Moore RECENED REF: 4 Lot Subdivision WASHINGTON OFFICE RMC NO: 96136 DEC 2 0 1996 GENTLEMEN: We are sending you: 91 ATTACHED ❑ UNDER SEPARATE COVER ® PRINTS ❑ PLANS ❑ COPY OF LETTER IR OTHER ❑ MYLAR D.E.M- I ❑ SPECIFICATIONS DESCRIPTION: 3 copies of revised Stormwater Management Plan of 4 Lot Subdivision for New Bern Medical Developments, copies of revised calculation shee THESE ARE TRANSMITTED AS CHECKED BELOW: JR FOR APPROVAL I$ FOR YOUR USE JR AS REQUESTED ❑ OTHER REMARKS: ❑ FOR REVIEW OR COMMENT ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US These are sent at your request COPIES TO: (IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE) 19 MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS b. MARINE SURVEYORS 417-A BROAD STREET P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 LETTER OF TRANSMITTAL TO: N.C. DEHNR 943 Washington Square Mall WASVED HINGTION 'OFFICE REI 2 5 t991 BUSINESS: 919-637-4702 NIGHTS: 919-638-2346 ' A [ �. FAX: 919-637-3100 DATE: February 21 1997 ATTN: Mr. William Moore Washington, N. C. 27889 REF: New Bern Medical Developments. LLC GENTLEMEN: We are sending you: 0 ATTACHED ® PRINTS ❑ COPY OF LETTER ❑ MYLAR RMC No: 96136 ❑ UNDER SEPARATE COVER ❑ PLANS ❑ OTHER ❑ SPECIFICATIONS DESCRIPTION: 1 copy of stormwater management plan for 4 Lot Subdivision Copy of Calculation sheet THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ FOR APPROVAL ❑ FOR YOUR USE 19,AS REQUESTED ❑ OTHER REMARKS: ❑ FOR REVIEW OR COMMENT ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US 19 As you requested Thank you for your assistance in this matter. COPIES TO: (IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE) iY MECHANICAL, CIVIL. AND MARINE ENGINEERING COMMERCIAL. INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS MARINE HYOROGRAPHIC AND LAND SURVEYS BOUNDARY SURVEYS AND MAPPING SERVICE R,OBEiKr"M. CHILES, P.E. Engineers & Consultants PROJECT AREA - EACH LOT 1.13 acres = Building Parking, Pavement, Sidewalks, Conc. Pond Area, Easements, Buffers, Setbacks Other, Grass TOTAL offsite area entering pond = NONE VOLUME: 1" Runoff from impervious area 1.13 acre x 60 0.7 acres = 0.7 43560 12= SA/SD Ratio for 4' Basin Depth @ 90% Imperviou 4.5C SA = 0.7 x 4.5 = 0.0305 acres = 100 49,223 sq ft 7,140 sq ft 21,446 sq ft 17,690 sq ft 2,947 sq ft Permanent Pool Elevati 25.0 Design Storage 26.5 1.5 Rise Design Top of Bank 27.5 Storm Depth Emergency Spillway 27.0 Bottom Elevation 21.0 PERMANENT POOL SURFACE AREA REQUIRED / PROVIDED SA = Permanent Pool SA = 0.0305 acres = Permanent Pool = Pond Storage= ORIFICE SIZING (assume 3 day drawdown) Orifice Flow = cfs Q = CdA 2gh Solve for A: A=Q/(Cd(2gh)) 1,329 sq ft req'd 2,461 cu ft req'd WHERE: Q= 0.01128 Cd = 0.60 A= g = 32.2 h = 0.75 49,223 sq ft 29,534 sq ft 2,461 cu ft 1,329 sq ft 1,329 sq ft 1,500 sq ft Provided 2,925 cu ft Provided WASHIiNG`Cre UFFIrE FEB 2 5 1997 D.E.M. GARp��`...: 7 �c SEAL' 41 5 '. 0.3897 in'in i f/sec"sec ft/ CN 4 Lot Subdivision 96136 ROBERT M. CHILES, P.E Check Drawdown Where A= lea 3/4 "dia Hole A= drawdown time= RISER SIZING Engineers & Consultants 0.4418 in'in 2.65 days Storm Runoff = Q = CAi C = 0.90 A = 1.13 i = 6.24 10 year i= 7.20 100 year Q = 6.3 cfs 10 year 7.3 cis 100 year Weir Discharge = Q = CwLH Cw = 3.33 shape crest weir L= d =12"=3.1416 H = 1.5 12" Riser will handle 100 year storm with pond water level rise 1.5 feet or less 4 Lot Subdivision 96136 4�o ♦.o pao' �i�nrwic 6e/ALe I A,d R��"r 4W cy I"A SRN (^/AST E� e �V VICINITY rjAP tJ�v QUAD RANT -10 - u. s. i l GITY OF NEW DE TOuOsHlo Pl. B lx,A &N Co. IJoFTH c�1FoL1i.lA DATE ScrT I¢, 9G Ko5erT M. GH IL. J oB. N=. 9v13/o EIJ GIhI60C6 'i cOF16111 sc�,LE REOIICEO I�6� D621.1, FIOCTH y. u uei� �'vr °\w 8880 N -871 1-2 3385 5' 1-84 3883 NEW DERN, N. C. SE/4 NEW BERN 15' OUADRANGLE N 3500-W 7700/ 7.5 1950 V110TOREVISED 1914 AMS 5554 11 SE —SERIES V842 10- _ -Y Radio To, E;,OA5'T-- 10 (WHIT) SEAB()AR -S D It N Radio To f ive RA - ;o 1220. Range.' 17 #1 N.. Memorial r. 0 Rad 10 Range 1, Ceonetvy I staI Is 121� -T 7 v 1200' 1214 1 4n aIa. ''L Bern otry.0%.b Wilson % Da,bo *4•': .. V P co o Daybeacon Ems -TRENT pilini", V-4 0 Foy Landhg`)'N 1Daybeacon1 < Light oLight X SCALE 1:24000 0 -1 MILE 1000 0 1000 2000 30UO 4000 5000 6000 7000 FEET 0 1 KILOMETEI — ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS MARINE SURVEYORS 417 A BROAD STREET P.O. BOX 3496 NEW BERN. NORTH CAROLINA 28564 U96 RECEIVQD WASHINGTON OFFICE FEB 2 0 1997 BUSINESS: 919-637-4702 n�I NIGHTS: 919-6382346 D. E. M. FAX: 919 637-3100 LETTER OF TRANSMITTAL TO: N.C. DEHNR DATE: February 17, 1997 Washington Square Mall ATTN: Mr. William Moore Washington, N. C. REF: 4 Lot Subdivision New Bern Medical Developments, LLC RMC No: 96136 GENTLEMEN: We an: sending you: (V ATTACHED ❑ UNDER SEPARATE COVER ❑ PRINTS ❑ PLANS ❑ SPECIFICATIONS ❑ COPY OF LETTER ❑ OTHER ❑ MYLAR DESCRIPTION: Revised calculations - Orifice Sizing THESE ARE TRANSMITTED AS CHECKED BELOW: 3' FOR APPROVAL 9f FOR YOUR USE Rr AS REQUESTED ❑ OTHER REMARKS: ❑ FOR REVIEW OR COMMENT ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US Per your request. G'o'e's ,N . 1, /T6✓/Jro.✓S. COPIES TO: (IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE) MECHANICAL, CIVIL. AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL. MARINE AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE ROBEkt M. CHILES, P.E. Engineers & Consultants PROJECT AREA - EACH LOT 1.13 acres = Building Parking, Pavement, Sidewalks, Conc. Pond Area, Easements, Buffers, Setbacks Other, Grass TOTAL Offsite area entering pond = NONE VOLUME: 1"Runoff from impervious area 1.13 acre x 60 0.7 acres = 0.7 43560 12= SA/SD Ratio for 4' Basin Depth @ 90% Imperviou 4.50 SA = 0.7 x 4.5 = 0.0305 acres = 100 Permanent Pool Elevati 25.0 Design Storage 26.5 1.5 Rise Design Top of Bank 27.5 Storm Depth Emergency Spillway 27.0 Bottom Elevation 21.0 49,223 sq ft 7,140 sq ft 21,446 sq ft 17,690 sq ft 2,947 sq ft 49,223 sq ft 29,534 sq ft 2,461 cu ft 1,329 sq ft PERMANENT POOL SURFACE AREA REQUIRED / PROVIDED SA = Permanent Pool SA = 0.0305 acres = 1,329 sq ft Permanent Pool = Pond Storage= ORIFICE SIZING (assume 3 day drawdown) Orifice Flow = cfs Q = CdA 2gh Solve for A: A=Q/(Cd(2gh)) 1,329 sq ft req'd 2,461 cu ft req'd WHERE: Q= 0.01128 Cd = 0.60 A= g = 32.2 h = 0.75 1,500 sq ft Provided 2,925 cu ft Provided 7 0.3897 in'in iVsec'sec ft �\A CAR0��,, =0� oFgSSiU/Y iy9, QQ. 9e- SEAL' 4; 4 Lot Subdivision 96136 ' •!t :,.1 •.. r. . ROBER7 M. CHILES, P.E. Engineers & Consultants Check Drawdown Where A= lea is hole A= drawdown time= RISER SIZING 0.4418 in`in 2.65 days Storm Runoff = Q = CAI C = 0.90 A = 1.13 i = 6.24 10 year i = 7.20 100 year Q = 6.3 cfs 10 year 7.3 cfs 100 year Weir Discharge = Q = CwLH Cw = 3.33 shape crest weir L= d =12"=3.1416 H = 1.5 12" Riser will handle 100 year storm with pond water level rise 1.5 feet or less GARp��•., SEAL 1'0: 4 Lot Subdivision 96136 I I , . �, : r. ; _ 1 , , I I , TRASH HOOD - - - - - �265-EL -s-ToRLm -F�Oon --_____-__ 8.0' EL. PERMANENT P'OL 6- 0 PIPE (1) 3/4"0 ORIFICE.—,-� POND DECANT ORIFICE'SFRUCTURE N 7� D NORTH -------------- -ST R UWATER �ONL) SEE NOW or FORMERLY C. G. W., INC. DEED BOOK 1368, PAGE 805 ZONE C-3 (PROPOSED WELLONS CENTRE) 503-22, 4 5,-E WATER No i L SEE LOT 4 aON0 T TREAT -- rI 777(4�� lIF