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HomeMy WebLinkAboutSW7070514_HISTORICAL FILE_20210512STORMWATER 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 Govemor DIONNE DELLI-GATTI Secretary BRIAN WRENN Director Stars & Stripes 4F, LLC c/o DSSIV Holding Co., LLC Attention: Michael Drapac, Manager 1123 Zonolite Road NE, Suite 30 Atlanta, GA 30306 Dear Mr. Drapac: NORTH CAROLINA Environmental Quality May 12, 2021 Subject: Stormwater Permit Renewal Stormwater Management Permit SW7070514 Lake Tyler Subdivision New Bern, NC, Craven County oar(o A Division of Energy, Mineral, and Land Resources file review has determined that Stormwater Permit SW7070514 for a stormwater treatment system consisting of a wet detention pond serving the Lake Tyler Subdivision in New Bern, NC expires on December 31, 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. Application forms for renewal can be found on our website at: https• / /deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land- rules/stormwater-program/13ost-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 tc 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(a)ncdenr.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 252.946.6481 ® J/ NJRM WiO11NA SOSID: 1049383 Date Filed: 4/25/2017 2:01:00 PM Elaine F. Marshall North Carolina Secretary of State C2017 101 00236 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE STATEMENT OF CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGENT Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the ollowing for the purpose of changing its registered office and/or registered agent in the State of North Carolina. INFORMATION CURRENTLY ON FILE The name of the entity is: Lake Tyler Homeowners Association, lice. Entity Type: ❑Corporation, ❑Foreign Corporation, [DNouprofir Corporation, ❑Foreign Nonprofit Corporation, ❑Limited Liability Company, []Foreign Limited Liability Company, ❑Limited Partnership, ❑Foreign Limited Partnership, ❑Limited Liability Partnership, ❑Foreign Limited Liability Parnership The street address and county of the entity's registered office currently on file is: Number and Street: 570 Washington Post Road City, Stale, Zip Code: _ New Bern, NC 28562 County: Craven The mailing address if different from the street address of fire registered office currently on file is: The name of the current registered agent is: Robert E. Dunn NE W INFORMATION I. The street address and county of the new registered office of the entity is: (complete this item ady if the address of the registered ogiee is being changed) Number and Sheet: 120 Penmarc Drive, Suite 118 City, State, Zip Code: _ Raleigh, NC 27603 County: Wake 2. The mailing address ifdiffereni f gun the street address ofthe new registered office is: (complete this item only if the address of the registered ofcc is being changed) 3. The name of the new registered agent and the new agent's consent to appoinnnent appears below: (complete Uti.r item only if the nacre oJthe registered regent i.r being clrangedj � Katie Thurman, Vice President eResidentAgent, Inc. - rN'''"J eResidentAgent, Inc. 7j-pe or Print NnmenJrVen Agent n Signanu e R .Thle 4. The address of the entity's registered office and the address of the business office of its registered agent, as changed, will be identical. 5. This statement will be effective upon filing, unless a date and/or Phis is the 61h day of April 20 17 Notes: Piling fee Is S5.00. This document most he filed retch the Secretary of lyre or Print Name and Title • Instead of signing here, the rim registered agent may scan a separate %vHitcn consent ro the nppoinitalent, I%Neh most he altndied to this si n fenien I. CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NC 27626-0622 Revised January 2002 Form ➢E-06 Date Filed: 6/17/2008 10:33:00 AM Elaine F. Marshall North Carolina Seeretary of State C200816800222 No ARTICLES OF INCORPORATION .D pL OF LAKE TYLER HOMEOWNERS ASSOCIATION, INC. A NON-PROFIT CORPORATION The undersigned, being of the age of eighteen years or more, does hereby make and acknowledge these Articles of Incorporation for the purpose of forming a non-profit corporation under and by virtue of the laws of the State of North Carolina. The name of the corporation is: LAKE TYLER HOMEOWNERS ASSOCIATION, INC. 2. The period of duration of the corporation is perpetual. 3. The purposes for which the corporation is organized are: The corporation does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide maintenance, preservation and architectural control of the residential lots and common areas within that certain tract of land generally described as LAKE TYLER SUBDIVISION, and to promote the health, safety and welfare of the residents within the above property and any additions thereto as may hereafter be brought within the jurisdiction of this association and for this purpose to: A. Fix, levy, collect and enforce payment by any lawful means all charges or assessments which the Association may from time to time set; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business or the association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; B. Acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; I`° k j 0pG �i C. Borrow money, mortgage, pledge, secure or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; D. Have and to exercise any and all powers, rights and privileges which a corporation organized under Chapter 44A of the General Statutes of North Carolina may be so authorized. 5. The corporation shall have members which may be divided into such classes as shall be provided in the Bylaws. All members shall be accepted, appointed, elected or designated in the manner provided in the Bylaws. 6. The Directors of the corporation shall be elected or appointed in the manner and for the terms provided in the Bylaws. No part of the net earnings of the corporation shall inure to the benefit of any officer, director or member of the corporation; and upon dissolution of the corporation, the assets shall, after all of its liabilities and obligations have been discharged or adequate provisions made therefor, be distributed to any association or associations organized for purposes similar to those set forth in Article 3 hereinabove, and all as more particularly provided in the Bylaws of the corporation. 8. To the fullest extent permitted by the North Carolina Business Corporation Act as it exists or may hereafter be amended, no person who is serving or who has served as a Director of the corporation shall be personally liable to the corporation or any of its shareholders for monetary damages for breach of duty as a Director. No amendment or repeal of this Article, nor the adoption of any provision to these Articles of Incorporation inconsistent with this Article, shall eliminate or reduce the protection granted herein with respect to any matter that occurred prior to such amendment, repeal or adoption. 9. The address of the initial registered office and principal office of the corporation in the State of North Carolina is: 570 Washington Post Road Craven County New Bern, NC 28562 and the name of its initial Registered Agent at such address is: Robert E. Dunn 10. A Dom The number of the Directors constituting the initial Board of Directors shall be two; and the names and addresses of the persons who are to serve as the initial Directors are: Name Robert E. Dunn Evelyn G. Dunn The name and address of the incorporator is: Name Moses D. Lasitter Address Post Office Box 13381 New Bern, NC 28561 Post Office Box 13381 New Bern, NC 28561 Address Post Office Box 356 New Bern, NC 28563 12. These Artigles will become effective upon the date and time of filing. This the '�-- day of June, 2008. EAL) NORTH CAROLINA CRAVEN COUNTY 1, 44ee y ZA 2/z G-ny' , a Notary Public in and for said County and State, do hereby certify that Moses D. Lasitter personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and official stamp this /` -A day of June, 2008. O0,•,gA,9,90 u >�1G22rx p .a f1,?y'� NotaryPublic My commission expires: �' 2 4 - 2 6 /D -Or5 ) A- 14 Page I o774 ���pp� 'pp�pppa��ttya��gapr�prr�a�y���piiaay�Ipa��l�app�'nr�pprlI��GG �r�a�paaar pppppp�� ,\ 23 I�®�I,ueaYaW WtI�N NtU�ae�eW�W t�11f1 Ima" I0: 000a�0�144,e00 T Ve1 CAP Feovr&d:43a/00 =8POO* 1r %06:ea at aherrl 9. Wchani Mpieter o1 Deeda 4747 Pa334 j' \ DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS Of LAKE TYLER SUBDIVISION Phases One, Six and Thirteen This DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS of LAKE TYLER SUBDIVISION Phases One, Sias and Thirteen, made and entered into as of the 23rd day of July, 2008, by ad between GENE DUNN CONSTRUCTION COMPANY OFNEW BERM, INC. and ALLPROSPECTIVE PURCHASERS OROWNERS of Lots in Phases One, Six, and Thirteen, inclusive, shown and depicted on the Plat entitled, "FINAL PLAT OF LAKE TYLER, PHASES ONE, SIX AND THIRTEEN", recorded In Plat Cabinet H, Slides 126 C-D-E-F-G-H, and Plat Cabinet 14 Slides 127 A-B-C-D in the Craven County Registry, and any other lots which are hereafter annexed into the subdivision. WITNESSETH: WHEREAS, GENE'DUNN CONSTRUCTION COMPANY OF NEW BERN, INC- (hereinafter called Declarant) is the owner of the Lots and Common Areas lying and being situate in Craven County, North Carolina, and being more particularly described herein, and in order to create uniformity in the Development, Declarant has imposed the covenants herein set forth on the property more particularly described as follows: Lots: AB Lots In Phases One, Six and Thirteen, as shown an the plat entitled, "FINAL PLAT OF LAKE TYLER, PHASES ONE, SIR AND THIRTEEN", recorded in Plat Cabinet H, SHdes 126 C-D-B- F-O-H and Plat CabinetH, Slides 127 A-B-C-D ofthe Craven County Registry, Common Area: The tract shown and depicted as "Common Area" on the Plat of FINAL PLAT OF LAKE TYLER, PHASES ONE, SIX AND V. Book: 2747 Page: 334 Seq: i Pago 19 of 24 IUJ* ter. DOM1440424 Type: CAP Ba2747452 b'2. E)U (23) No Lot shall be accessed by motor vehicle except from the front lot line of the Lot as determined by the front of the dwelling located upon said Lot. This restriction shall not prohibit access from the side of any home constructed on a comer lot. (24) Each front lawn of the dwelling shall have grass sod. (25) Allpermittedranofffromougwcelsorfuturedevelopmentshallbedirectedintothe permitted atormwater control system These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. (26) The lake called Lake Tyler may be used by all residents ofLake Tyler Subdivision in a safe way. This shall include, but not be limited to, swimming fishing, boating, etc. However, no gasoline or diesel motors are to be allowed in the Lake at anytime while running or idle. Paddle boats, row boats, and sail boats are allowed. All activity on the lake and all common areas are to be used in a safe way and at your own risk M. Stormrvater Mamaaement (1) The following covenants am intended to ensure ongoing compliance with State StormwaterManagement PermitNumberSW7070514,asissuedbytheDivisionof Water Quality under NCAC 2H, 1000. (2) The State of North Carolina is maile a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. (3) These covenants an to run with the land and be binding on all persons and parties claiming under them. (4) The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. (5) Aleration of the drainage as shown on the approved plan may not take plsa without the concurrence of the Division of Water Quality. (6) The maximum allowable built -upon area p of is 4,000 square f This allotted amount includes anybuilt-upon area con fed within the roperty boundaries, and that portion of the right -of --way between n of line and the edge of the pavement. Built upon are includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decldng, or the water surface of swimming pools. 19 Book:2747 Page:334 Saq:19 Pepe 20 of 24 11011111101 �110111 rpt#e In: 10000144952Yo eW CO PageeK2747 Pa353 (7) All runoff from the built -upon areas on the lot must drain into the permitted system. This maybe accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimUe swales to collect the lot runoff and directing them into a component of the stormwater collection system. Iota that will naturally drain into the system are not required to provide these additional meesarm ston Con (1) The Deduads State approved Erosion and Sedimentation Control Plan does not include approval of land -disturbing activities associated with any lot. (2) Lot Owners or their agents shall comply with the North Carolina Sedimentation Pollution Control Act and the erosion control ordinances of the City of New Bern. (3) Lot Owners or agent of the Lot Owners shall provide and maintain buffer zones sufficient to restrain visible sedimentation between the Lend -disturbing activity and any adjacent property, including the street right of way and watercourse. (4) Lot Owners or agent of the Lot Owners, prior to commencing any land -disturbing activities, shall install a construction exit which shall consist ofa 6-inch depth of2-3 inch course aggregate base. (5) New and affected cut and filled slopes must be at an angle that can be.retained by vegetative cover, AND must be provided with a ground cover sufficient to restrain erosion within the shorter offifieen (15) working days or thirty (30) calendar days of the completion of any phase (rough or final) of grading Rye grass is not an acceptable substitute for the providing of temporary or permanent ground cover. (6) The Ut Owners oragent of the Lot Owners within the shorter of fifleen (15) worlting days or thirty (30) calendar days after completion of construction must provide a permanent wound cover sufficient to restrain erosion. (7) During onstruction of driveways of land -disturbing activities on budding Lots or street rights of way in front of Uts, Lot Owners or agent of the Lot Owners undertaking such activities shall be responsible for damage to roadways, and for installing erosion control devices to prevent accelerated erosion and sedimentation of water sources, These devices, if required by any governmental authority or by Declarant, shall be constructed and maintained in accordance with the then current ordinances andregulations ofthe governmental authorityhaving jurisdiction thereof. No construction debris shall be placed or dumped on any street right ofway. Any ground cover or drainage system located within rights of way of streets which are disturbed during construction activity shall be re-established by the Lot Owners responsible for such activity. 20 Book.2747 Page:334 Seq:20 _= NORTH CAROLINA Department of the Secretary of State To all whom these presents shall come, Greetings: I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of APPLICATION FOR CERTIFICATE OF AUTHORITY OF STARS & STRIPES 4F, LLC (E4) the original of which was filed in this office on the 5th day of April, 2018. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 5th day of April, 2018. Scan to verify online. Certification# C201809503360-1 Reference# C201809503360-1 Page: 1 of 4 Secretary of State Verify this certificate online at http://www.sosnc.gov/verification State of North Carolina Department of the Secretary of State SOSID: 1687404 Date Filed: 4/5/2018 2:50:00 PM Elaine F. Marshall North Carolina Secretary of State C2018 095 03360 APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY Pursuant to §57D-7-03 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: 1. The name of the limited liability company is Stars & Stripes 4F, LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use is 2. The state or country under whose laws the limited liability company was formed is Delaware 3. Principal office information:_ (Select either a or b) a. E The limited liability company has a principal office. The principal office telephone number: (31 0) 820-1 000 The street address and county of the principal office of the limited liability company is: Number and Street: 1123 Zonolite Road NE, Suite 30 city: Atlanta State:GA Zipcode:30306 County: Fulton The mailing address, if different from the street address, of the principal office of the corporation is: Number and Street: 1123 Zonollte Road NE, Suite 30 City. Atlanta State:GA Zipeode:30306 County: Fulton b. ❑ The limited liability company does not have a principal office. 4. The name of the registered agent in the State of North Carolina is: eResidentAgent, Inc. 5. The street address and county of the registered agent's office in the State of North Carolina is: Namberand Street: 120 Penmarc Drive Suite 118 City,Raleigh State: NC ZipCode:27603 County: Wake 6. The North Carolina mailing address, if different from the street address, of the registered agent's office in the State of North Carolina is: Number and Street: State: NC Zip County: BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised July 2017) (Form L-09) APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 7. The names, titles, and usual business addresses of the current company officials of the limited liability company are: (use attachment if necessary) (This document must be signed by a person listed in item 7.) Name and Title Business Address DSSIV Holding Co, LLC 1123 Zonolite Road NE, Suite 30, Atlanta, Georgia 30306 Michael Drapac; Manager of DSSIV Holdings Co, LLC 8. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be less than six months old. A photompv of the certification cannot be accepted. 9. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of it% managers adopting the fictitious name is attached. 10. (Optional): Please provide a business e-mail addre Privacv Redaction The Secretary of State's Office will e-mail the bu o cost when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see. the instructions for this document. 11. This application will be effective upon filing, unless a delayed date and/or time is specified: AA% n This the day of !1'Qt'` , 20 _S Stars & Stripes 417, Ll Name of Limited Liability Company 01Ma Signature of Company Official Michael Drapac; Manager of DSSIV Holdings Co, LLC -0 Type or Print Name and Title Notes: 1. Filing fee is $250. This document must be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised Judy 2017) (Form L-09) a i Delaware The First State Z, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "STARS 6 STRIPES 4F, LLC" IS DULY FORMED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD Page 1 STANDING AND BAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SNOW, AS OF THE FOURTH DAY OF APRIL, A.D. 2018. AND I DO HEREBY .FURTHER CERTIFY THAT THE SAID "STARS 6 STRIPES i 4F, LLC" WAS FORMED ON THE TWENTY-SECOND DAY OF AUGUST, A.D. 2016. AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN PAID TO DATE. 6130537 8300 L SR# 20182418137 You may verify this certificate online at corp.delaware.gov/authver.shtml J.IInI w. M4N, f.nw.rY M 5rr. Authentication: 202446536 Date: 04-04-18 OPERATING AGREEMENT FOR DSSIV HOLDING CO, LLC A DELAWARE LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR DSSIV HOLDING CO, LLC A DELAWARE LIMITED LIABILITY COMPANY THIS OPERATING AGREEMENT is made as of February 25, 2016 by and among the parties listed on the signature pages hereof, with reference to the following facts: A. The parties have formed DSSIV HOLDING CO, LLC (the "Company"), a limited liability company under the laws of the State of Delaware. B. The parties desire to adopt and approve an amended operating agreement for the Company. NOW, THEREFORE, the parties by this Agreement set forth the operating agreement for the Company under the laws of the State of Delaware upon the terms and subject to the conditions of this Agreement. ARTICLE 1 DEFINITIONS When used in this Agreement, the following terms shall have the meanings set forth below (all terms used in this Agreement that are not defined in this ARTICLE I shall have the meanings set forth elsewhere in this Agreement): 1.1 "US Accounting Standards" means the generally accepted accounting principles or commonly accepted accounting principles in the United States as in effect from time to time. 1.2 "Act" means the Delaware Limited Liability Company Act, 6 Del. C. § 18-101 et seq., as amended from time to time, and any successor statute. 1.3 "Affiliate" means any individual, partnership, corporation, trust or other entity or association, directly or indirectly Controlling, Controlled by, or under common Control with a Member. 1.4 "Agreement" means this Operating Agreement, as originally executed and as amended from time to time. 1.5 "Assignee" means a Person who has acquired an Economic Interest in the Company but who has not been admitted as a Member. 1.6 "Bankruptcy" means (a) the filing of an application by a Member for, or his, her or its consent to, the appointment of a trustee, receiver, or custodian of his, her or its assets; (b) the entry of an order for relief with respect to a Member in proceedings under the United States Bankruptcy Code, as amended or superseded from time to time; (c) the making by a Member of a general assignment for the benefit of creditors; (d) the entry of an order, judgment, or decree by any court of competent jurisdiction appointing a trustee, receiver, or custodian of the assets of a IN WITNESS WHEREOF, all of the Managers and Members of DSSIV Holding Co, LLC, a Delaware limited liability company, have executed this Agreement, effective as of the date written above. .6:.O • Michael Drapac, Manager GG Costa Alexiou, Manager Drapac, Manager "MEMBERS" Drapac Advisory Limited ATF Drapac Stars & Stripes IV, Member By: v . / —�— Costa Alexiou as Director of Drapac Advisory Limited 27 AMR riff 951NJ1MiS 0 A U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT SETTLEMENT STATEMENT B. TYPE OF LOAN: 1. FHA 2.QFmHA 3. CONV. UNINS. 4. VA 5.EICONV. INS. 6. FILE NUMBER: 7. LOAN NUMBER: 8. MORTGAGE INS CASE NUMBER: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. items marked "(POC]" were paid outside the closing; they are shown here for informational purposes and are not Included In the totals. to 19e (DRAFAPCRAVEN COU RABNC.CRAVEN COUNTYM0 D. NAME AND ADDRESS OF BUYER: STARS & STRIPES 4F, LLC 1123 Zonolite Road NE, Suite 30 Atlanta, GA 30306 E. NAMEAND ADDRESS OF SELLER LAKE TYLER, LLC C/O Private Capital Group 160 West Canyon Crest Road Alpine, Utah 84004 F E DRESS OF LENDER: , l s \\ G. PROPERTY LOCATION: Craven County Lake Tyler lots and acreage Craven County, North Carolina H. SETTLEMENT AGENT: 54-0505857 McGuireWoods LLP PLACE OF SETTLEMENT 300 N. Third Street, Suite 320 Wilmington, NC 28401 I. SETTLEMENT DATE: September 28, 2016 J. SUMMARY O TRANSACTION K. SUMMARY OF SELLERS TRANSACTION 1110- GROSS AMOUNT DUE FROM BUYER, 400- GROSS AMOUNT DUE TO SELLER, 101. Contract Sales Price 1 2.43 470.00 401. Contract Sales Price 2,439,470.00 102. Personal Property _ 402, Personal Property 103. Settlement Charges to Buyer Line 1400 4,D98.20 403. 104. 404. 105, 405. AQustments For Items Paid By Sellnr In advance AdJustments Foc Items Paid By Seger in nce 408. CI ovin Taxes to 106. Cit [Town Taxes to 107. City/County Taxes 0928118 to 01/01/17 12 739.78 407. CibilCounty Texas to 108. Assessments to 408. Assessments to 109. 409. 11D. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BUYER 2,457,205.98 420. GROSS AMOUNT DUE TO SELLER 2,439,470.00 200. AMOUNTS PAID BY OR IN BEHALF OF BUYER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 25,000.00 501. Excess Deposit See Instructions 202. Principal Amount of New Loa s 502. Settlement Charges to Seller Line 1400 111 865.45 203. ExlsOn loans taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first Mortgage to Lake Tyler, LLC/Sa6sf 205. 505, Payoff of ascend Mortgage 206. 506. Deposit retained by broker 25,000.00 207. 507. 208. 508. 209. 509, tl ustments For Items Unpaid Bv r Adjustments For hems Unpaid By Seller 210. CI [Town Taxes to 510. City/Town Taxes to 211. City/CountyCity/County Taxes to 511. City/County Taxes 01/01/16 to 09/28/16 38341.91 212. Assessments to 512. Assessments to 213, 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220 TOTAL PAID BY/FOR BUYER 25,000.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 173,207.36 00, CASH AT SETTLEMENT O O BUYER: 600. CASH AT SETTLEMENT TOIFROM SELL 301. Gross Amount Due From Buyer Line 12D 2.457,205.98 601. Gross Amount Due To Seiler Line 420 2 439.470.00 302. Less Amount Paid By/For Buyer (Line 220) 25,000.00) 602. Less Reductions Due Seller (Line 520) ( 173,207.36 303, CASH X FROM TO BUYER 2,432205.98 603, CASH(X TO)( FROM) 1 2,266,262.64 The undersigned hereby acknowledge receipt of a completed copy of pages 182 of this statement & any attachments referred to herein. Buyer STARS & STRIPES 4F, LLC Seller LAKE TYLER, LLC By: DSSIV Holding Co, LLC, Manager BY BY Costa Alexiou or Sebastian Drapac, Manager e2 L. SETTLEMENT CHARGES . TOTAL OM I$ O ce S % 128000.00 AND FROM BUYFR'S FUNDSIe SETTLEMENT RVD FROM SELLER'S FUNDSN SETTLEMENT Division of Commission Tine 700 as Follows: 701.$ 08,000.00 to Keller Williams Realty Less Deposit Retained 25.000.00 702. $ 60,000.00 to Blue Strand Properties, LLC 703. Commission Paid at Settlement 103,000.00 704. to 801. can Ori ina8on Fee % to 802. Loan Discount % to 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee to 806. Mortgage Ins. App. Fee to 807. Assumption Fee to 808. 809. 810. 811. 900, ITEMS REQUIRED-SY LENDERID IN ADVANCE 901. Interest From to ® $ /day ( days % 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years to 904. 905. 1000, RESERVE 1001. Hazard Insurance $ per 1002. Mortgage Insurance $ per 1003. CI own Taxes $ per 1004. City/County Texas $ per 1005. Assessments ® $ per 1006. @ $ per 1007. @ $ per 1008. A $ per 110D. TITLE CHARGES 1101. Settlement or Closing Fee to 1102. Abstract or Title Search to 1103. Title Examination to 1104. Payoff Fees to 1105. Document Preparation to Sumrell, Sung, Carmichael Hicks 8 HartPA 3,160.45 1106. Courier Fees to 1107. Attorneys Fees to WGuireWoods LLP POCb Includes above item numbers: 108. Title Insurance to Chicago Tide Insurance Company inct searchl Isb 4118.20 Includes above Item numbers: 1109. Lender's Coverage $ 1110. Owner's Coverage $ 2,439,470.00 1111. 1112. 1113. GOVERNMENT1200. RECORDING AND TRANSFER 1201, Recording Fees: Deed $ 26,00; Mortgage $ Releases $ 26.00 1202. City/CountyCity/County TaxfStam s: Deed • Mortgage 1203. State Tox/Stam s: Revenue Stamps 4,879.00. Mortgage 4,879.00 1204. Record Quitclaim Deed to PDA to Craven County Re Ister of Deeds common area 26.00 1205. Record QCD BAsmt Decl RI is to Craven County Register of Deeds roads 52.00 300. A13DITIONAL SETTLEMENTCHARGES 1301. Survey to 1302. Past InsDecdon to 1303. 1304. 1305. Outstanding Invoice to Thomas Engineering, PA 8DO.00 800.00 1400. TOTAL SETTLEMENT CHARGES Enter on Lines 103, Section J and 502, Section K 4,99620 111,865.45 By signing page 1 of this statement, the signatories acknowledge receipt of a completed copy of page 2 of this two page statement Disbursement Agent: Chicago Title Company, LLC 2602 Iron Gate Drive, Suite 202, Wilmington, NC 28412 MCGUIreW00ds LLP Settlement Agent (DRAFTCCRAVEN COIRnV/ORAFNCCRR/Fl1 COLWiY/ 10 ) DISBURSEMENTS SUMMARY / BALANCE SHEET 1 Buyer: STARS & STRIPES 4F, LLC Seller: LAKE TYLER, LLC Settlement Agent: McGuireWoods LLP Place of Settlement: 300 N. Third Street, Suite 320 Wilmington, NC 28401 Settlement Date: September 28, 2016 Property Location: Craven County Lake Tyler lots and acreage Craven County, North Carolina STARS & STRIPES 4F, LLC INCOMING FUNDS DISBURSEMENTS Keller Williams Realty Commission Less deposit retained W Blue Strand Properties, LLC Commission Sumrell, Sugg, Carmichael, Hicks & Hart, P.A. Thomas Engineering, P.A. Craven County Tax Collector W Lake Tyler, LLC Chicago Title Insurance Company Title Insurance W Steven K. Bell Recording Fees State Tax/Stamps Record Quitclaim Deed to POA Record QCD & Asmt Decl Rights Number of checks - 5 2,432,205.98 Total Incoming Funds 2,432,205.98 43,000.00 68,000.00 ( 25,000.00) 60,000.00 60,000.00 Document Preparation 3,160.45 Outstanding Invoice 1.600.00 City/County Taxes 49081.69 Closing Proceeds 2,266:262.64 Title Charges 4,118.20 4,118.20 Government Charges 4,983.00 26.00 4,879.00 26.00 52.00 Total Disbursements 2,432,205.98 (DRAPAC-CRAVEN COUNTY.PFD/DRAPAC-CRAVEN COUNTY/10) u AW NEW BERN NORTH CAROLINA 300 Pollock Street, P.O: Box 1129 New Bern, NC 28563.1129 Phone: (252) 6394501 lax: (252) 636.1848 September 9, 2015 Lake Tyler LLC 10 W Canyon Crest Rd Alpine, UT 84004 RE: Stormwater Management Plan for Nitrogen Reduction - No. 81 Lake Tyler Responsible Party: Lake Tyler LLC To Whom It May Concern, ' b �j 2 jI, o `1 la l u./ �I.�P' brk r�Qr° On September 2, 2016 the Annual Inspection, required under the City of New Bern Stormwater Quality Management and bischarge Control Ordinance was performed for the above referenced site and permit. Your site was farad M, ho fl.ft. —t report(s) Identify areas to be addressed in the next 45 dull aysour ermit. The attached inspection Enclosed you will find a copy of the Inspection reports) for your records. Thank you for your stewardship In maintaining your BMP's in a manner that helps promote better water quality for the Neuse River Basin. If you have any questions, or if I can be of assistance In any way, please feel free to give me a call at 252-639-7524. Sincerely, // a"�l� C Amanda C. Boone, PE Stormwater Administrator Encl: Inspection Report(s) 2015 Inspection Letter -Lake Tyler t of 1 "ep-is WORK 0 R D E W 6ETAU S 77M 77777, e s e Work Order Type: ,Annual BMP Inspection Work Order Status: Work Order Classification i(Slormwater) at Detention Basin (SW) i On Hold Scheduled Start Date. Priority: ; Medium . ._-.. Scheduled End Data !Department: _ ..._.- . . Mormwaler ......_ Total Work Order Cost: $0 00 Actual Start Date: --- 2015 Description:- Actual Complete Date: 10e/09/2015 200 Lake Tyler Dr, New Bern, North Carolina, M560 LakeTyler BMP ,'•Not Assessed Total Equipment Cost: Total Resource Cost: Is GIS: i 100.00000000 0000000000 $0.00 t_Jjw••/ WIUCK Tor eroded areas - C I; (SW) Evaluate vegetated cover -- Not Applicable PP - Check for eroded areas (� (SW) Determine If excess Invasive/nuls. Not Applicable j Evaluate vegetated cover !plants _._._ Not Applicable Determines If axe nvasive/nuis (SW) Determine If excess algal growth is ;Not Applies PP plants present ❑'(SW D Determine if excess algal growth is present etermine if weeds are present Not Applicable C](SW) Check Inlet for clogging, dame e land erosion g Not Applicable Determine if excess sediment In Iforebay Not Applicable I'.)i(SW) Determine if excess sediment in rmaln area Not Applicable I. (SW) Evaluate health/cond. of ve . shelf :plants ;Not Applicable 13 (SW) Evaluate water present given last rain Not Applicable (SW) Check for seeps on dwnst embankment MI of .Not Applicable Check for muskrat of beaver activity Not Applicable Determine If weeds are present Check inlet for clogging, damage and erosion Determine if excess sediment In forebay Determine If excess sediment in main area Evaluate health/cond, of veg, shelf plants Evaluate water present given last rain Check for seeps on dwnstrm facso f embankment Check for muskrat of beaver activity :—tyw—la— wum torcioggmg, uamage land erosion Not Applicable (SW) Other INotApplicable ID Take Photos Not Applicable I li (Sw) Review maintenance records j Issue Discovered Comments, Ownenehall�pio4ltie: I' (SW) Write permit Inspection letter i Complete I­F6U1 Flebuum Isucnatorespond. CSignature Check Check outlet for clogging, damage and erosion Other - - — - jTake Photos Review maintenance records Write permit Inspection letter n% 135ves repe��eW Ay, /lawzerli . . 09SEP1,S Date Page 2 of 2 r�u 160 West Canyon Crest Road Alpine, UT 84004 l Ph: 801.216.8850 l Fax: 801.218.8889 prlvatecapitalgroup.com Amanda C. Boone, PE Staff Engineer ow City of New Bern r Public Works Dept. 360 Pollock Street • PO Box iizg New Bern, NC 28563 Via E-mail and US Mail Certified Re: Stormwater Management Plan for Lake Tyler LLC; 20o Lake Tyler Drive Mrs. Boone, The above referenced property was inspected by a representative of Private Capital Group (Lake. Tyler LLC) once since we took ownership of the property in July of this year and one other time this year while the property was still owned by the previous owner. All the necessary maintenance for the property's handling of storm water appears to have been completed and no issues were observed. Please contact me if you have any questions. Best Regards, Ben�c mm -- - benQa privatecapitalgroup.com Enlc: Notice C.,\Of �A Ir" 1� �v NORTH CAROLINA CRAVEN COUNTY ASSIGNMENT OF DECLARANT RIGHTS THIS ASSIGNMENT OF DECLARANT RIGHTS ("Assignment") is made this the2U174 day of September, 2016, by and between LAKE TYLER, LLC, a Utah limited liability company (herein called the "Assignor"); and STARS &STRIPES 4F, LLC, a Delaware limited liability company (herein called the "Assignee") The terms "Assignor" and "Assignee" as used herein shall mean and include the parties indicated, whether one or more, and their heirs, legal representatives, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by the context. WHEREAS, Pursuant to a deed recorded in Book 3442, Page 157 and Book 3370, Page 858, Assignor received title to certain property, together with an assignment of declarant rights, governed by those certain Protective Covenants for Lake Tyler Subdivision, which covenants are recorded in Book 2747, Page 334 Craven County Registry, (as amended from time to time, the "Declaration"); and, WHEREAS, Assignor is transferring all or substantially all of the property subject to the Declaration to Assignee; and, WHEREAS, Assignor has agreed to assign to Assignee all of Assignor's rights and privileges as Declarant under the Declaration (collectively, the "Declarant Rights"). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby transfers and assigns to Assignee all of the Declarant Rights as more particularly described in the Declaration. Assignor represents and warrants to Assignee as follows: (a) Assignor has the full right, power and authority to transfer the Declarant Rights to Assignee; (b) Assignor has not previously transferred all or any portion of the Declarant Rights. Assignor agrees to execute and deliver such additional assignments and other documents as either may reasonably request of the other in order to evidence fiuther the transfer of the rights herein assigned. [SEPARATE SIGNATURE PAGES ATTACHED HERETO] SIGNATURE PAGE TO ASSIGNMENT OF DECLARANT RIGHTS IN WITNESS WHEREOF, the parties have caused this instrument to be executed in such form as to be binding, the day and year first above written. ASSIGNOR: LAKE TYLER, LLC By: Private Capital Group, Inc., Manager By: �. Benjamin C. Schramm, Vice President State of Utah County of U TAht The undersigned Notary Public does hereby certify that Benjamin C. Schramm personally appeared before such Notary Public this day in the State of AAA _. and County or City of u:TW and acknowledged that (i) Private Capital Group, Inc., a Utah Corporation, is the manager of Lake Tyler, LLC, a Utah limited liability company, that (ii) he is the Vice President of Private Capital Group, Inc. and he is authorized to execute this instrument on behalf of Private Capital Group, Inc. and (iii) that by authority duly given by Lake Tyler, LLC and Private Capital Group, Inc., and as the act of said limited liability company, he signed the foregoing instrument in the name of such limited liability company on such limited liability company's behalf as its act and deed. Witness my hand and official seal this 2-101� day of E" JltM fit,, 2016. MARJORY TAYLOR • ature of Notary Public Notary Public State of Utah , I SF,4L 3 ' My Commission Expires army Commission Expires: —�I IS- I�^ 1 ,•J January 15, 2019 - Comm. Number: 680822 SIGNATURE PAGE TO ASSIGNMENT OF DECLARANT RIGHTS IN WITNESS WHEREOF, the parties have caused this instrument to be executed in such form as to be binding, the day and year first above written. ASSIGNEE: STARS & STRIPES 4F, LLC By: DSSIV Holding C L , its manager By: Costa Alexiou or Sebastian Drapac, Manager State of is County of The undersigned Notary Public does hereby certify that tom b beyjtw personally appeared before such Notary Public this day in the State of aED�61R and -- 1 -- County or City of Ki a and acknowledged that (i)-DSSIV Holding Co, LLC, is the manager of Stars & Stripes 4F, LLC, a Delaware limited liability company, that (ii) he is the Manager of DSSIV Holding Co, LLC and he is authorized to execute this instrument on behalf of DSSIV Holding Co, LLC and (iii) that by authority duly given by Stars & Stripes 4F, LLC and DSSIV Holding Co, LLC, and as the act of said limited liability company, he signed the foregoing instrument in the name of such limited liability company on such limited liability company's behalf as its act and deed. Witness my hand and official seal this A-* day of ice' 2016. SEAL Came Exp mmry 16, 2 PUBLIC LSS:72180 Sgn tureofNotaryPublic My Commission Expires: 2 -1 & - ZA 1 I NORTH CAROLINA CRAVEN COUNTY Tax Parcel#8-223-3-200000 Revenue Stamps $-0- THIS QUITCLAIM DEED, made this 7-041 day of September, 2016, by and between LAKE TYLER, LLC, a Utah limited liability company, whose address is c/o Private Capital Group 160 West Canyon Crest Road, Alpine, Utah 84004 (herein called the "Grantor"); and STARS & STRIPES 4F, LLC, a Delaware limited liability company (herein called the "Grantee") whose address is 1123 Zonolite Road NE, Suite 30, Atlanta, GA 30306. WITNESSETH: That said Grantor for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to Grantor paid by the Grantee, the receipt of which is hereby acknowledged, has remised and released, and by these presents does remise, release and forever quitclaim unto the Grantee, Grantee's heirs, successors and assigns (as the case may be), the following described property, to wit: SEE EXHIBIT "A" ATTACHED HERETO. Prepared by: Sumreli, Sugg, Carmichael, Hicks and Hart, P.A. Attorneys at Law 416 Pollock Street New Rem, North Carolina 28560 NO OPINION, ON TITLE REQUESTED OR PERFORMED BY SUMRELL, SUGG, CARMICHAEL, HICKS & HART, P.A. TO HAVE AND TO HOLD the above described lot or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee, Grantee's heirs, successors and assigns (as the case may be), free and discharged from all right, title, claim or interest of the said Grantor or anyone claiming by, through or under the Grantor. IN TESTIMONY WHEREOF, the Grantor has hereunto set Grantor's hand and adopted as Grantor's seal the typewritten word "SEAL" appearing beside Grantor's name, this the day and year fast above written. LAKE TYLER, LLC By: Private Capital Group, Inc., Manager By: enjamS in C. Schramm, Vice President State of Utah County of U-f" The undersigned Notary Public does hereby certify that Benjamin C. Schramm personally appeared before such Notary Public this day in the State of tiTM and County or City of Q TftN and acknowledged that (i) Private Capital Group, Inc., a Utah Corporation, is the manager of Lake Tyler, LLC, a Utah limited liability company, that (ii) he is the Vice President of Private Capital Group, Inc. and he is authorized to execute this instrument on behalf of Private Capital Group, Inc. and (iii) that by authority duly given by Lake Tyler, LLC and Private Capital Group, Inc., and as the act of said limited liability company, he signed the foregoing instrument in the name of such limited liability company on such limited liability company's behalf as its act and deed. Witness my hand and official seal this ZIDt day of b/ytp{ii—, 2016. �— y"" MARIO TAYLOR Signature Public No/ory Public S1o/e of Ulol: My Commission Expires on: S SE t. �" January 15, zo i 9 —`: My Commission Expires: l °I Comm. Number: 6802:.?:� t f.• MARJORY TAYLOR ki,No/ary Public State of Utch . 1 M Commission Expires o�„,f Y January 15, 2019 Comm. Number: 68 L 2 All roads depicted on those certain maps recorded in Plat Cabinet H, Slides 126-C, D, E, F, G, H, and Slides 127-A, B, C, and D in the office of the Craven County Register of Deeds. APPOINTMENT OF DIRECTORS AND OFFICERS ypo-(-`� (Lake Tyler Homeowners Association, Inc.) CLd THIS APPOINTMENT OF DIRECTORS AND OFFICERS is made as of the 2611 day of March 2018, by SEBASTIAN DRAPAC, as Manager of STARS & STRIPES 4F, LLC ("Declarant'), as Declarant of Cape Side Property Owners Association, Inc. (Association). WHEREAS, the ByLaws for Lake Tyler Homeowners Association ("ByLaws") provides the Declarant with exclusive authority to appoint and remove directors to and from the Board of Directors ("Board") and to and from the positions of officers of the Association ('Officers"); and NOW, THEREFORE, pursuant to the ByLaws, the Declarant hereby removes two of the existing members of the Board and Officers of the Association, and hereby appoints two (2) new Directors to the Board, and Officers of the Association, as named below. Existing Board member, Chris Stanley will remain on the board, reappointed as Secretary. The named Directors and Officers hereby accept such appointment to the Board and position as Officer, by their respective signatures below. This action is being taken by the undersigned Declarant by written consent pursuant NCGS § 55A-8-21, in lieu of a meeting of the Board. Dated this the 261h day of March 2018. DECLARANT: Stars & Stripes 4F, LLC By: SIA,1— Sebastian Drapac, Manager DIRECTORS & OFFICERS; Tiffany Hogan; Board Member & President Robert Vacko; Board Member & Vice President Chris Stanley; Board Member & Secretary {AD2354e2.Docxl tia"R0 Michael F. Easley, GOVemnr \o�pF `NATE,9oG Mr. Robert Eugene Dunn, Sr. 507 Jimmies Creek Drive New Bern, NC 28560 Dear Mr. Dunn: William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality February 28, 2008 Se% px- ,.Ve,- 05-/3Q /zo 18 Subject: Permit No. SW7070514 Lake Tyler High Density Stormwater Project Craven County The Washington Regional Office received a Stormwater Management Permit Application for the subject project on May 16, 2007. There have been several exchanges of information with the staff, including a site visit on August 23, 2007. Revised plans and specifications were received on January 17, 2008. Staff review of these 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. SW7070514 dated February 28, 2008, for the construction of the subject project. This permit shall be effective from the date of issuance until February 28, 2018, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit and in the submitted application. 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. If you have any questions, or need additional information concerning this matter, please contact either Bill Moore, or me at (252) 946-6481. incerel , L I H d "— Regional Supervisor Surface Water Protection Section cc: Thomas Engineering C en County Building Inspections ashington Regional Office Central Files North Carolina Division of Water Quality Internet: h2o.enrstate.nc.us 943 Washington Square Mall Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 NortthtfC�aNr/7olliina An Equal Opportunity/Affirmative Action Employer- 50% Recycled110%, Post Consumer Paper Naturally 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 Robert Eugene Dunn, Sr. Lake Tyler Development Craven County FOR THE construction, operation and maintenance of a wet detention basin in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "storm water rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until February 28, 2018, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on pa?re 3 of this permit. The stormwater controls have been designed to handle the runoff from 77.4 acres of impervious area. 3. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans and permit. 4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. 5. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control system. Page 2 of 7 6. The following design criteria have been provided in the wet detention basin and must be maintained at design condition: a. Drainage Area: 221 acres b. Total Impervious Surfaces: 77.4 acres C. Design Storm: 1.0-inch required 100 year storm used d. Pond Depth: 7.00 ft e. TSS removal efficiency: 90% f. Permanent Pool Elevation, FMSL: 3.75 g. Permanent Pool Surface Area: 61 acres h. Storage Volume required: 492,322 cf j. Temporary Storage Elevation, FMSL: 5.50 k. Temporary Storage Volume: 4.65 million cf I. Controlling Orifice: emergency spillway set at elev 5.50 M. Receiving Stream/River Basin: UT-Neuse River n. Stream Index Number: 03-04-10 o. Classification of Water Body: SC - NSW II. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plans must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowin,9 and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of bypass structure, filter media, flow spreader, catch basins, piping and vegetated filter. g. A clear access path to the bypass structure must be available at all times. Page 3 of 7 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. This permit shall be effective from the date of issuance until February 28, 2018. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Page 4 of 7 III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the project. 9. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the 28`h day of February, 2008. LINA ENVIRONMENTAL MANAGEMENT COMMISSION for VlVlilI 11. VUIIIIIJ, 1.. 11VG LVI Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7070514 Page 5 of 7 Stormwater Permit No. SV 7070514 Lake Tyler - New Bern, NC Wet Pond System Craven County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Note: The checklist on the following page must be included with this Certification. Any changes or deviations from the approved plans and specifications must be explained in detail, and may require a permit modification. The certification forms should be submitted to the Division of Water Quality at the appropriate Regional office. Signature Registration Number Date SEAL Page 6 of 7 Complete this checklist for each system and include with Certification: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The bypass structure elevations are per the approved plan. 6. The bypass structure is located per the approved plans. 7. A Trash Rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. All required design depths are provided. 13. All required parts of the system are provided. 14. The required system dimensions are provided per the approved plans. Page 7 of 7 -` DWQ USE ONLY Date Received Fee Paid Permit Number 0/-/7- OS 07aS/ RECOVER State of North Carolina JAN 1 7 2008 Department of Environment and Natural Resources Division of Water Quality ®WQ-WA MWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): �o(f6.Pf 9uGENF [>- 1.�, S/l. 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): 3. Mailing Address for person listed in item 2 above: !r07 C2EE/c 0/tirE City: -I e -+ Qe.-.7 State: ^y C Zip: 2 $ S6 c Phone: (Z T Z- ) 6 3 3- Z o r G Fax: 4. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 5. Location of Project (street address): .v r V-7 City: Ale. r.. n County: CIZ4ve� Cou.1-/ 6. Directions to project (from nearest major intersection): Fom 7%e ,.m 'e1fec-6an Oot-� .dG V3 ANJ AW4C/E GA.2•wf /10(SQ�S�� /) qa A1V1e4X1,"-#TE4,7' /Soo Gi owl iJC '¢3. 00"if o-10' IS o !%t /Lei t' 7. Latitude: 3.�r ao 9 r/ 7 "J Longitude: 77eOC o S W of project 8. Contact person who can answer questions about the project: Name: fii,v G. 1 `i e.«4-r Telephone Number: (Z51 ) (037. Z7Z 7 Email:,john 77ism CO- (2 7%0&I e:2ygee ,c o.-, II. PERMIT INFORMATION: `J 1. Specify whether project is (check one): �[New ❑Renewal ❑Modification `-> R-eL"'*NS +► Provieal Aiyi;c.�-h'„ Form SWU-101 Version 8.07 Pagel of4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number Re "r.o vs A4, and its issue date (if known) 3. Specify the type of project (check one): SW 70 -/ Os/ ❑Low Density [ I[High Density ❑Redevelop ❑General Permit ❑Universal SMP ❑Other 4. Additional Project Requirements (check applicable blanks): ❑CAMA Major �dimentation/Erosion Control 0404/401 Permit ❑NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. �( L 5yter/M.v4l(rll Avid OP �Yn.C/DO/%Cc/ ✓iR du//i Qi.c/ Ou7/Lfr /V Sfoi•,+ Cle41'n ^ 0-/Z✓0e' P.�"e f'c cZ /4✓nG 6/ cacrt /arc A'e ce. -le � 2. Stormwater r noff from this project drains to the W6 4I' River basin. -4 a/A'O,4 .' 3. Total Site Area: 2 2-1 4, acres 4. Total Wetlands Area: 1 S 8'% R 7 ooS F aff�er 5. 100' Wide Strip of Wetland Area: N /1 acres 6. Total Project Area**: 2 Z 1 4/ acres (not applicable if no wetlands exist on site) 3 , 6 S A C 7. Project Built Upon Area: 3 5 8. How many drainage areas does the project have?� 9. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area Drainage Area 2 Receiving Stream Name NG k.l< i NO /e ✓�oQ� yp,, �, �) Stream Class & Index No. 11 A 5Co7—o — /o Drainage Area (sf) 9(4 O (0 1 3 a S (' 20. S 4 c Existing Impervious* Area (sf) $I} t $ %. Proposed Impervious*Area (so 3 3 6 9 9 ZY s r Z'?. Impervious* Area (total) 3,T- % - Impervious* Surface Area Drainage Area 1 Drainage Area 2 On -site Buildings (sf) /% D o 0 0 5< On -site Streets (sf) On -site Parking (sf) 6 On -site Sidewalks (so Other on -site (so FU me F /O 2 S 09 S Off -site (so Total (so: 3 3 6 9 9 ?_ S F * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. **Total project area shall be calculated based on the current policy regarding inclusion ofwetlands in the built upon area percentage calculation. Form SWU-101 Version 8.07 Page 2 of r 10. How was the off -site impervious area listed above derived? ✓fib IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS One of the following deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. Form DRPC-1 High Density Commercial Subdivisions Form DRPC-2 High Density Developments with Outparcels Form DRPC-3 High Density Residential Subdivisions -Cr ' Form DRPC-4 Low Density Commercial Subdivisions Form DRPC-5 Low Density Residential Subdivisions Form DRPC-6 Low Density Residential Subdivisions with Curb Outlets By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required in the above form, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(S) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SW401-Low Density Low Density Supplement Form SW401-Curb Outlet System Curb Outlet System Supplement Form SW401-Off-Site System Off-Sitee System Supplement Form SW401-Wet Detention Basin "- Wet Detention Basin Supplement G Form SW401-Infiltration Basin Infiltration Basin Supplement Form SW401-Infiltration Trench Underground Infiltration Trench Supplement Form SW401-Bioretention Cell Bioretention Cell Supplement Form SW401-Level Spreader Level Spreader/Filter Strip/Restored Riparian Buffer Supplement Form SW401-Wetland Constructed Wetland Supplement Form SW401-Grassed Swale Grassed Swale Supplement Form SW401-Sand Filter Sand Filter Supplement Form SWU-101 Version 8.07 Page 3 of VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map at htta://h2o.enr.state.nc.us/su/msi maps.hun 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form t (,,a —?b✓.1; • Original and one copy of the Deed Restrictions & Protective Covenants Form 9c 4 • Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP R [.4 • Permit application processing fee of $505 ($4,000 for Express) payable to NCDENR • Calculations & detailed narrative description of stormwater treatment/management RLa • Copy of any applicable soil report Pie �•o/y s.d�n -r��+' • Three copies of plans and specifications (sealed, signed & dated), including: Q �d - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): 1 � e.i..4 S Z. 6,w6e-9,.4, PA Mailing Address: PQ do k 13 0- r City: /y&.j Qt/n State: Zip: Z 8s63 Phone: ( ZSL p �) 637, 2.72 7 Fax: ( Z S Z ) ( 3 6. ZYYf t Email: Cn6- •+7 omc r to%ijom AT6t 5 -vee `i5/ A•ce^' VIII. APPLICANT'S CERTIFICATION `J I, (print or type name of person listed in General Information, item 2) 1714e r y� 9v5Etn s /)ce vN� S1P- certify that the information included on this permit application form is, to the best oft of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 21-1.1000. Date: /'— / y_ d Form SWU-101 Version 8.07 Page 4 of l la-xio Mr. Robert Eugene Dunn, Sr 507 Jimmies Creek Drive New Bern, NC 28560 Dear Mr. Dunn: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environmcat and Natural Resoorces Coleco H. Sullins, Director Division of Water Quality July 19, 2007 $It4' Subject: Stormwater Permit Review SW7070514 Lake Tyler Craven County This office received your stormwater application for the subject project on May 15, 2007. A preliminary review of the plans and specifications has been completed. In order to complete your application and before a stomrwater permit can be issued, the following items must be addressed: 1) As submitted, your project is a High Density type development and should be permitted according to section 2H.1003 (d)(2) of the State Stormwater Rules. 2) All drainage basins should be described in the stormwater narrative & delineated on a Master Development Plan. Provide runoff calculations for each drainage basin. 3) Provide wet detention supplement sheet for lake system; Lake should meet/or exceed all design requirements for wet ponds(SA/DA ratio, storage volume, forebays, vegetated shelves, etc.). 4) All stormwater treatment systems must have a formal Operation & Maintenance Plan signed by owner. The wet detention supplement sheet offers a model O & M agreement that should be used, or modified to fit your project 5) Describe/show any pretreatment measures prior to runoff entering the lake. 6) Provide cross sections/details of lake system. 7) Revise narrative, plans, calculations & details to reflect changes. The above requested information must be received in this office prior to August 19, 2007, or your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to this office at the Letterhead address. If you have questions, please feel free to contact me at (252) 948-3919. E J. M me ngineer Washington Regional Office cc: Thomas Engineering Craven County Planning/inspections Vashington Regional Office North Carolina Division of Water Quality Washington Regional ice Phone (252) 946-6481 FAX (252) 946-9215 Customer Service In6amet h2o.enrsbife.ne.us 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 Lake '1 yler Subject: Lake Tyler From: Bill Moore <Bill.Moore@ncmail.nety Date: Tue, 20 Nov 2007 11:07:43 -0500 To: johnthomas@thomasengineeringpa.com Good Morning John, I got your phone message from Monday; but, I have laryngitis/difficult to talk this week. I am aware that Clark and Al recently had a phone conversation about how to resolve the NOV and get the sw permit done. I presume that you are ready to submit a revised sw application requesting a high density permit for a wet pond system; and want to know what to put in the package. My 7/19/07 letter to Mr. Dunn, copy to you, had a punch list and you and I discussed some items during my site visit on 8/23/07. My suggestion: prepare the plans, specs, cals just as you would for a typical wet pond system. Obviously, this system is a little different; so, as you prepare the wet detention supplement sheet; any design features that are absent, or different, from the usual design requirements will need an explanation, or justification. Also, as you review the 0&M agreement, you may need to revise the O&M to reflect how this system will function. You should revise the sw narrative to reflect the overall design approach for the project; be sure to include paragraph(s) that address the items in the punch list and explain how this design meets, or exceeds the requirements of the rules, even though it's different. Based on our discussions and site visit, my perception is this effort will not require additional survey work, or any significant redesign of the project. Hope this helps; I plan to be in the office next week, maybe we can talk if you have further questions. of 1 12/3/2007 11:15 AM Vj� A10- C✓- 7007 ooZo OFFICE USE ONLY Date Received Fee Paid r 't e 0 DWQ-'!TARO s SNACK -/i 7/6 7 State of North Carolina Department of Environment and Natural Resources 5 pR l'e i/ Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may he photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the:tbrporatiorjr individual, etc. who owns the project): `7l� I —L '. .T' . C` 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): GJ-�)NC'l2 3. Mailing Address for person listed in item 2 above: City: N.2..- -Ke/1 r\1 State: nC- Zip: Z QSbo Telephone Number. 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): ,4, k k e %.i /e, k 5. Location of Project (street address): City: e cJ IJ e 2 � County: 6. Directions to project (from nearest major intersection): C- " a o 0. 00 1— h/C+3 � KeS�ii`t /`K at(o.., t` /�c 't 3. (��njef"is Utit !�^�-.�i 7. Latitude: 3SOrt (7 N Longitude: 7 OG 0 `t� of project 8. Contact perso- n who can answ r uestfons about the project: Name: J c5 (� .J �, c; . A--S- Telephone Number: 4�Z Jib.0.+,as�yc}@Yl�o,.,asenJ;.,4pept�SP4.Cu✓7-+ 671� S Sy—ce// II. PERMIT INFORMATION: 1. Specify whether project is (check one) New Renewal Modification Form SWU-101 Version 3.99 Page 1 of 2. If this application is being su mitt d as the result of a renewal or modification to an'exisiing per mit, list the existing permit numberand its issue date (if known) 3. Specify the'type of project (check one): Low Density High Density _Redevelop General Permit _V Other 4. Additional Project Requireme (check applicable blanks): _CAMA Major edimentation/Erosion Control 404/401 Permit _NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for. the project.,, J I L i (( ZEiokocf �i^ter '-'S Cei/l Fitam}id•J : No S -7a, �-. ..�cil`o•� u.. e stormwater runoff from this project drains to the 3. T 1 Project Area: acres 5. How m drainage areas does the project have? 6. Complete the fall project, attach an River 4. Project Built Upon information for each drainage area. If there are Xre than two drainage areas in the mal sheet with the information for each area W6vided in the same format as below. Basin Information Drainage Area 1 Drainage Area 2 Receiving Stream Name Receiving Stream Class Drainage Area Existing Impervious* Area Proposed Impervious"Area % Impervious" Area (total) . Impervious` Surface Area ' Drainage Area 1 Drainage Area 2 On -site Buildings On -site Streets On -site Parking On -site Sidewa s Other on-si Off -site Total: Total: / Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 7. How was the off -site impervious area listed above IV. The f%EE:l subdiviswr listing each RESTRICTIONS AND PROTECTIVE COVENANTS talicized deed restrictions and protective covenants are required to recorded for all utparcels and future development prior to the sale of any lot. If to sizes vary significantly, a table number, size and the allowable built -upon area for each lot mus e provided as an attachment. 1. The following changed or deleted are intended to ensure ongoing compliance with st a stormwater management permit number as issued by the Division of Wa r Quality. These covenants may not be it the consent of the State. 2. No more than square feet of any lot shall be cov ed by structures or impervious materials. Impervious materials inclu asphalt, gravel, concrete, brick, ston , slate or similar material but do not include wood decking or the water surface o wimming pools. 3. Swales shall not he filled in, piped, {altered except as nece,s6ary to provide driveway crossings. 4. Built -upon area in excess of the permitount requi s a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future elopment shall be directed into the permitted stormwater control system. These connections to the stormwater o of system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify at the recorded de restrictions and protective covenants for this project shall include all the applicable item equired above, that th covenants will be binding on all parties and persons claiming under them, that they w' run with the land, that th equired covenants cannot be changed or deleted without concurrence from the S te, and that they will be recor prior to the sale of any lot. klr�YlIa9Ilama'!0N The applicable state ormwater management permit supplement form(s) listed below must be submitted for each BMP specified for is project. Contact the Stormwater and General Permits U at (919) 733-5083 for the status and availability o these forms' Form SWU-1 Wet Detention Basin Supplement Form SWU 03 Infiltration Basin Supplement Form SW -104 Low Density Supplement Form S U-105 Curb Outlet -System Supplement Form WU-106 Off -Site System Supplement For SWU-107 Underground Infiltration Trench Supplement Fo m SWU-108 in Neuse River Basin Supplement F SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. Please indicate that you have provided the following required information b next to each item. • Original and one copy of the Stormwater Management Permit Applicatior • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent City: /,1 "�� 1� rz Lt� Stater Zip: z 8S6 3 Phone: Fax: J lh. .a5 '?9'+ Qo ffko nQS--rSIN eei-fw,s�a .Co i+r� VIII. APPLICANT'S CERTIFICATION V I, (print or type name of person listed in General Information, item 2) "re'Q certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000. Form SWU-101 Version 3.99 Page 4 of 4 Date: U I ... ,... . ..i.•'. rr: �.� ... �+e' • ..' 1. �.•vi .. SM.'{i =. Y':l.r-. 1 w•'2 't`::0: •kv%r 1:v.y�.':,.n� .�•w. r h.i \....•.• THOMA&ENGINEERINGi P.A. BRANCHBNKG'AND.TRUSTCOMPANY 7275 P.O.BOX�1309 6Eti2(537 - NEWBERN,NC 28563-1309 PHONE (252)-637-2727 5/15/2007 PAY TO THE NCDENR ORDER OF Four Hundred Twenl NCDENR and Lake Tyler Thomas Engineering, PA NCDENR Customer Job Fees:State Permits Stormwater Applicption Fee RECEIVE® MAY 16 2001 DWQ-WARO 5/15/2007 $ "420.00 DOLLARS 8 7275 420.00 Branch Bank and Trus Lake Tyler 420.00 Thomas Engineering, P.A. Civil Engineering . Land Development . Project Management HAND DELIVERED To: Stormwater Management Section Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Attn: Scott A. Vinson Re: Stormwater Management Plan Lake Tyler Development New Bern, Craven County 2006-006 Dear Scott, May 16, 2007 MAY 16 ZW,, i 'W/VQ-VaJAR0 Please find enclosed the Stormwater Management Plan Submittal for the referenced project for your approval. Enclosed items include the original Stormwater Management Permit Application Form and one copy, and two copies each of the Stormwater Report and Plans. Also attached is check # 7275 in the amount of $ 420.00 for the application processing fee. On behalf of the Applicant Robert Eugene Dunn, Sr., we are requesting this project be certified by the Director of the Division of Water Quality that the referenced site is situated such that water quality standards and uses are not threatened; given that no stormwater will be discharged from this project to any surface waters. Reference is made to the enclosed "Engineering Report for Stormwater Management at Lake Tyler" which contents demonstrate and support our position on this matter. If you should have any questions or comments, please do not hesitate to call. Also, I will be glad to meet with you to discuss the various aspects of this project as well as go through the details of the engineering report. I hope you are doing well. Las, P.E. 403-C Airport Road. P.O. Box 1309. New Bern, NC 28563 Phone: (252)637-2727.Fax: (252)636-2448. Website: www.thomasengineerinpnaxom 11Y7 Thomas Engineering, P.A. Civil Engineering -Land Development -Project Management FEDEX TRK #: 7914 7701 4609 To: NCDENR Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Attn: Bill Moore Re: Stormwater Comments — S W7070514 Lake Tyler New Bern, Craven County 2006-006 Dear Bill, January 15, 2008 JAN 17 2008 DWQ-WARD Please find enclosed for your review and approval your previous comment letter dated July 19, 2007, our original stormwater permit application and letter, email correspondence, two (2) copies of the revised stormwater permit application, wet detention supplements, deed restriction forms, and wet detention operations and maintenance agreement. Also, included are (2) copies of the calculations which changed based on the requirement to permit the project as high density and revised plan sheets illustrating the changes to the spillway and outlet system. As you are aware and per our previous discussions, we are presenting the large isolated lake on the above referenced project as one that has the storage capacity to hold the 100 yr storm without discharging stormwater from the project. This has been shown in the previously submitted calculations and reports. Therefore, we feel that stormwater regulations that would typically be in place for standards detention ponds do not apply for this project and modifications have been made to the enclosed documents. The following comments are in response to individual items from your July 19, 2007 letter: 1) The application form has been revised and shown as high density. The notarized deed restriction form illustrates that maximum per lot impervious area will be 4,000 SF. 2) The drainage basin for the project is the large lake in the center of the project. This was previously described in the Lake Tyler Stormwater Management Engineering Report. 309 Metcalf Street-P.O. Box 1309-New Bern, NC 28563 Phone. (252)637-2727-Fax: (252)636-2448-Website: www.ThomasEngineeringPA.com 3) The wet detention basin supplement is included and overwhelmingly exceeds all design requirements with the exception of having a forebay and vegetated shelf. Based on the size of the lake, the infiltration capacity of the limestone, the fact that the lake will not discharge stormwater, and the fact that the bordering property's lakes are treating effluent (having received tertiary treatment) in this manner, we feel it is unnecessary to provide a forebay and vegetated shelves. The lake provided is between 20 and 30 times larger than what would be required for a development of this size. See the Narrative included in the Stormwater Management Engineering Report for further information. 4) The operation and maintenance agreement that has been signed and enclosed has been modified such that it is applicable for this project. 5) Although some grassed swales and ditches will be constructed to transport stormwater over short distances, for the purposes of calculations it is safe to assume no pretreatment occurs prior to runoff entering the lake. 6) The depth of the pond varies, but we feel it can be reasonable assumed to have an average depth of 7'. 7) Revised sheets for the Engineering Report are enclosed. The plan sheets that have been revised are enclosed. Please note that a table is provided, as in the report as originally submitted, which charts the lake elevation response based on several different storms. Additionally and per our discussions, the existing slopes around the lake are 6:1 or flatter as measured. We do not find it practical to disturb these slopes in order to attempt to achieve flatter ones, as the in place slopes are fully stabilized. It is also not practical to add forebays around the pipe outlets, as the pipes already outlet water under the surface of the existing water. Please review the enclosed revisions and let me know if you have any questions or concerns. I will be happy to meet and go over any of the aspects of the report that you have questions on. Thank you, � A"Y "414 Bobby Billingsley, PE BobbyBillingsley@ThomasEngineeringPA.com Enclosures 309,NetcallfStreet-P. O. Box 1309•New Bern, NC 28563 Phone: (252)637-2727•F=: (252)636-2448•Website: www.Thoma EngineeringPA.com Thomas Engineering, P.A. Civil Engineering. Land Development . Project Management HAND DELIVERED To: Stormwater Management Section Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Attn: Scott A. Vinson Re: Stormwater Management Plan Lake Tyler Development New Bern, Craven County 2006-006 Dear Scott, May 16, 2007 RECEIVED JAN 17 2008 DWQ-WAR® Please find enclosed the Stormwater Management Plan Submittal for the referenced project for your approval. Enclosed items include the original Stormwater Management Permit Application Form and one copy, and two copies each of the Stormwater Report and Plans. Also attached is check # 7275 in the amount of $ 420.00 for the application processing fee. On behalf of the Applicant Robert Eugene Dunn, Sr., we are requesting this project be certified by the Director of the Division of Water Quality that the referenced site is situated such that water quality standards and uses are not threatened; given that no stormwater will be discharged from this project to any surface waters. Reference is made to the enclosed "Engineering Report for Stormwater Management at Lake Tyler" which contents demonstrate and support our position on this matter. If you should have any questions or comments, please do not hesitate to call. Also, I will be glad to meet with you to discuss the various aspects of this project as well as go through the 09fails of the engineering report. I hope you are doing well. G. Thocitas. P.E. Encls 403-C Airport Road. P.O. Box I309 . New Bern, NC 18563 Phone: (252)637-1717.Fax: (252)636-1448.n'ebsite: wiructhomaseneineerinena.com State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMTT APPLICATION FORM This form may be photompled for use as an ortginal I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): 2. Print Owner/Signing Official's name and title.(person legally responsible for facility and compliance): 3. Mailing Address for person listed in item 2 above: 510 1...���. �„ ; G. S ctaa-e-(c- p,. 1.. City: —Eea r� State: %GL Zip: Z g SG 0 Telephone Number. ( ZS Z 3 6 3 3- zoS6 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): A k e :nz /e re 5. Location of Project (street address): City: %Veca7 1120.E 6. Directions to project (from nearest major intersection): Kc 11-3 *A e /IIzc . Aec'f Se n,/ejae f is UN fe-, rt��fi 7. Latitude: 3 S ��i 1 e) y/ Longitude: 7 god 0 of project 8. Contact person who can answ r uestlons about the project: av A-s- Telephone Number: (ZZ JTb.oi.,a s 174-4 @'fj Qvna.s eAl. ti pe.^ - P.R. cd. -2 II. PERMIT INFORMATION: 1. Specify whether project is (check one): New Renewal Form SWU-101 Version 3.99 Page 1 of Modification 2. If this application is being su mitt as the result of a renewal or modification to an existing permit, list the existing permit numberand its issue date (if known) 3. Specify the type of project (check one): _Low Density _High Density _Redevelop _General Permit _O ertherth 4. Additional Project Requirement (check applicable blanks): _CAMA Major edimentation/Erosion Control _404/401 Permit _NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative Stormwater runoff from this project drains to the River ba;;M. 3. T Project Area acres 4. Project Built Upon Area 5. How drainage areas does the project have? 6. Complete the owing information for each drainage area If there are re than two drainage areas in the project, attach an a itional sheet with the information for each area vided in the same format Zabel Basin Information Drainage Area 1 Drainage. Area 2 Receiving Stream Name Receiving Stream Class Drainage Area Existing Impervious* Area Proposed Impervious *Area % Impervious" Area (total) i Impervious" Surface Area Drainage Area 1 Drainage Area 2 On -site Buildings On -site Streets On -site Parking On -site Sidew Other on-si Off -site Total: Total: Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, N. sidewalks, gravel areas, etc Form SWU-101 Version 3.99 Page 2 of 4 7. How was the off -site impervious area listed above IV. NEED RESTRICTIONS AND PROTECTIVE COVENANTS The follo ing italicized deed restrictions and protective covenants are required to P6 recorded for all subdivistorN outparcels and future development prior to the sale of any lot If to sizes vary significantly, a table listing each 1 number, size and the allowable built -upon area for each lot musybe provided as an attachment 1. Thefollowing changed or deleted are Intended to ensure ongoing compliance with as issued by the Division of W it the consent of the State. / 2. No more than Impervious materials Inclu decking or the water surface 3. Swales shallnot be filled in, 4. Built -upon area in excess of the construction. ' stormwater management permit number Quality. These covenants may not be square feet of any lot shall be cov by structures or Impervious materials. ilt, gravel, concrete, brick, stonl slate or similar material but do not include wood except as necgfary to provide driveway crossings. a state stormwater management permit modification prior to 5. All permitted runoff from outparcels or futurelkMopment shall be directed into the permitted stormwater control system. These connections to the stonnwater4 1 system shall be performed in a manner that maintains the integrity andperformance of the system as permitted By your signature below, you certify t the recorded de restrictions and protective covenants for this project shall include all the applicable ite equired above, that th covenants will be binding on all parties and persons claiming under them, that they run with the land, that th6kequired covenants cannot be changed or deleted without concurrence from the Sloe, and that they will be recorN prior to the sale of any lot V: SUPPLEMENT FVxmS The applicable state rmwater management permit supplement form(s) lis below must be submitted for each BMP specified for .. project. Contact the Stormwater and General Permits U ' at (919) 733-5083 for the status and availability these forms:. Form SWU-1 Wet Detention Basin Supplement Form SWU 03 Infiltration Basin Supplement Form S -104 Low Density Supplement: Form S -105 Curb. Outlet System Supplement Form 108 Off -Site System Supplement Fo SWU-107 Underground Infiltration Trench Supplement Fo SWU-108 Neuse River Basin Supplement rm SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office, 1. Please indicate that you have provided the following required information b, next to each item. • Original and one copy of the Stormwater Management Permit Applicatior • One copy of the applicable Supplement Forms) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, Including: - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent State: NC— Zip: Z SS6 3 Phone: I_2 1 437-29Z-2 Fax: (06-2- ) (; ,;�G—z�i-ti-8 f""(5s*-. I. evrh�+S P�.-COIN-1 VIII. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, Item 2) certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project compiles with the requirements of 15A NCAC 2H .1000. Date: S` /L, U 7 Form SWU-101 Version 3.99 Page 4 of Michael F. Easley, 0overaor Wilk n O. Ron Jr., Secretary North Caroliae Department of EnviAmneat and Natural Resources July 19, 2007 Mr. Robert Eugene Dunn, Sr 507 Jimmies Creek Drive New Bem, NC 28560 Subject Stornwater Permit Review SW7070514 Lake Tyler Craven County. Dear Mr. Dunn: Coleco )t. Sollias Director Division of Water Quality This office received your stormwater application for the subject project on May 15, 2007. A preliminary review of the plans and specifications has been completed. in order to complete your application and before a stomrwater permit can be issued, the following items must be addressed: 1) As submitted, your project is a High Density type development and should be permitted according to section 2H.1003 (d)(2) of the State Stormwater Rules. 2) All drainage basins should be described in the stormwater narrative & delineated on a Master Development Plan. Provide runoff calculations for each drainage basin. 3) Provide wet detention supplement sheet for lake system; Lake should meettor exceed all design requirements for wet ponds(SAIDA ratio, storage volume, forebays, vegetated shelves, etc.). 4) All stormwater treatment systems must have a formal Operation & Maintenance Plan signed by owner. The wet detention supplement sheet offers a model O & M agreement that should be used, or modified to fit your project 5) Describelshow any pretreatment measures prior to runoff entering the take. 6) Provide cross sections/details of lake system. 7) Revise narrative, plans, calculations & details to reflect changes. . The above requested information must be received in this office prior to August 19, 2007, or your application will be returned as incomplete. The return of this project will necessitate resubm al of all required items Including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to this office at the Letterhead address. If you have questions, please feel free to contact me at (252) 948-3919. g J.ngineer Washington Regional Office cc: 1/1h mas Engineering Craven County PlanningAnspections Washington Regional Office N42 North CardmaDivivion of Weber Quality Washington Regional Office Phoae (252) 946-6481 FAX (252) 946-9215 Customer Service Internet h2oeusmla.naus 943 Washington Square Mal. Wasl agton, NC "U9 1-877.623-6748 bill moore to it Lake Tyler 2007-11020 From: Bill Moore [Bill.Moore@ncmail.net] Sent: Tuesday, November 20, 2007 11:08 AM To: johnthomas@thomasengineeringpa.com Subject: Lake Tyler Good Morning John, I of your phone message from Monday; but, I have laryngitis/difficult to talk this week. I am aware that Clark and Al recently had a phone conversation about how to resolve the Nov and get the sw permit done. I Presume that you are ready to submit a revised sw application requesting a high density permit for a wet pond system; and want to know what to put in the package. My 7/19/07 letter to Mr. Dunn, copy to you, had a punch list and you and I discussed some items during my site visit on 8/23/07. My suggestion: prepare the plans, specs, cals just as you would for a typical wet pond system. obviously, this system is a little different; so, as you prepare the wet detention supplement sheet; any design features that are absent, or different, from the usual design requirements will need an explanation, or justification. Also, as you review the O&M agreement, you may need to revise the 0&M to reflect how this system will function. You should revise the sw narrative to reflect the overall design approach for the project; be sure to include paragraph(s) that address the items in the punch list and explain how this design meets, or exceeds the requirements of the rules, even though it's different. Based on our discussions and site visit, my perception is this effort will not require additional survey work, or any significant redesign of the project. Hope this helps; I plan to be in the office next week, maybe we can talk if you have further questions. Page 1 John Thomas From: Sent: To: Subject: John Thomas wrote: Bill, Bill Moore [Bill.Moore@ncmail.net] Wednesday, January 09, 2008 3:37 PM John Thomas Re: SW7070514 Lake Tyler Stormwater Please review the attached and let me know if you think it is adequate for the purposes of moving forward with the issuance of the storm water non -discharge permit for this project...... if so, I will send the originals to you asap. Call if you have any questions or comments. I hope you are doing well. Later, John John G. Thomas, PE Thomas Engineering, PA 309 Metcalf Street P. O. Box 1309 New Bern, NC 28563 252-637-2727 (office) 252-636-2448 (fax) 252-671-5855 (cell) iohnthomas(cDthomasengineeringpa.com www,thomaseng i neeringpa. com Good Afternoon John, i&MRG ; it F_ JAN 17 2003 DWQ-WARO From my previous review (several months ago) and from our more recent discussions, I understand that this lake will capture, treat & store in excess of the 25 year storm based on total build -out and elevations of normal pool, top of bank and finish spillway structure. I suggest you discuss/highlight these features about this system in your sw narrative, and provide the design elevations for normal pool, top of bank & spillway; along with projected rise/elevations for 1-inch runoff and 25-year runoff. Also, I remember we talked about modifying the pond slopes (make the slopes flatter in some areas) and providing some vegetated shelves in certain limited areas. The modified slopes and veg perimeter shelves would help protect against erosion problems, provide additional treatment and add aesthetic value to the project. You were going to discuss these modifications with the owner and suggest/show areas where they could be implemented. I think these features will enhance treatment and reduce maintenance costs in the long run. Send your revisions; I'll try to get the permit out asap.