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
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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.