SW8020830_HISTORICAL FILE_20120713

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 02 0830
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2ol2 0_113
YYYYMMDD

7
North
Beverly Eaves Perdue
Governor
July 13, 2012
OTIMA
NCDENR
Carolina Department of Environment and
Division of Water Quality
Charles Wakild, P. E.
Director
Mr. Patrick P. Joyce, Manager
Fort Benjamin Commons, LLC
PO Box 190
Newport, NC 28570
Natural Resources
Subject: Approved Plan Revision
Newport Triangle Commercial Subdivision
Stormwater Project No. SW8 020830
Carteret County
Dear Mr. Joyce:
Dee Freeman
Secretary
On June 22, 2012, the Wilmington Regional Office received a plan revision for Newport
Triangle, Stormwater Management Permit Number SW8 020830. The revisions include
the following specific changes:
Provides for a temporary grassed swale conveyance leading from the eastern
end of the proposed access road between lots 3 and 4, into Wet Detention Pond
#2 until such time as the permitted conveyance system of catch basins and
piping can be installed. The temporary swale was needed to direct runoff from a
portion of the access road that is being built in conjunction with the development
of Lot #3 for the Hospice House under permit number SW8 120402.
It has been determined that a formal permit modification is not required for the proposed
changes. We are forwarding you an approved copy of the revised plans for your files.
Please add the attached plans to the previously approved plan sheet.
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts
any development approval issued by the Division of Water Quality under Article 21
of Chapter 143 of the General Statutes, which is current and valid at any point
between January 1, 2008, and December 31, 2010. The law extends the effective
period of any stormwater permit that is set to expire during this time frame to three
(3) years from its current expiration date. On August 2, 2010, the Governor signed
Session Law 2010-177 which grants an extra year for a total of four (4) years
extension. Accordingly, the expiration date of the permit has been extended to
March 13, 2017.
Please be aware that all terms and conditions of the permit modification issued on
August 4, 2011, remain in full force and effect. Please also understand that the
approval of this revision to the approved plans for the subject State Stormwater
Permit is done on a case -by -case basis. Any other changes to this project must be
approved through this Office prior to construction. The issuance of this plan revision
does not preclude the permittee from complying with all other applicable statutes,
rules, regulations or ordinances which may have jurisdiction over the proposed
activity, and obtaining a permit or approval prior to construction.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] DENR Assistance. 1-877-623-6748 NorthCarolina
Internet: w .ncxaterquahty.org cT Ntural/�

Mr. Joyce
July 13, 2012
Permit No. SW8 020830
If you have any questions concerning this matter, please do not hesitate to call me at (910)
796-7301.
Sincerely,
Z4'�045:� x
Linda Lewis
Environmental Engineer III
GDS\arl: S:\WQS\Stormwater\Permits & Projects\2002\020830 HD\2012 07 permit —PR 020830
cc: Ginger Turner, P.E., Stroud Engineering
Town of Newport Building Inspections
Wilmington Regional Office Stormwater File
Page 2 of 2

- - - - DWQ USE ONLY - -
Date Received
Fee Paid (express only
Permit Number
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jl� Er'M
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This fonn may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number: SW8 020830
2. Project Name: Newport Triangle Commercial Subdivision
3. Permit Holder's name (specify the name of the corporation, individual, etc.):
Fort Benjamin Commons, LLC
4. Print Owner/Signing Official's name and title (person legally responsible for permit):
Patrick Paul Joyce, Manager
5. Mailing Address for person listed in item 2 above:
City:Newport State:NC Zip:28570
Phone: (252 ) 223-3171 Fax: [phone]
Email: patQjoyceandassoc.com
II. PLAN REVISION INFORMATION
Lei?=91lr
1. Summarize the plan revision proposed (attach additional pages if needed): JUN 2 2 2012
i
III. 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 DWQ Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
• Original & 1 copy of the Plan Revision Application Form
• Two (2) copies of revised plans (must be revisions of original approved plan sheet(s))
If applying for Express review (only available in 20 coastal connti�
• Application fee of $500.00 (made payable to NCDENR)
VI. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Inforinahon, item 3) Patrick Paul .Joyce Manager
certify that I have authorized these plan revisions and that the information included on this plan revision
application is, b t of my le e, correct and complete.
'P
Signature: a Q Date: VUNQ � ✓ �%�.
Plan Revision Form Rev 13July2010
Page I of 1

: NbRTPt CAROLINA, CARTERETCOUNTY
This Instrument and this certificate are duly filed at
the date and time and In the Book and Page shown
on the first page hereof. ,
MAR 1 5 2012
Zoa3o
f VI 2 t
Return: Mason fi Mason, PA
Prepared by: Kenneth M. Kirkman,Attorney
STATE OF NORTH CAROLINA
RESTATED PROTECTIVE COVENANTS
FORT BENJAMIN COMMONS
(TO CORRECT ERROR)
FILE 1142171
FOR REGISTRATION REGISTER OF OEFDS
Joy Laurence
Gar tarot rcL,ntY, NO
March 14, 2012 04:1:10 PM
C0lM1TER RIC 5 P
FEE $26.00
FILE # 1402371
CARTERET COUNTY
These restated Protective Covenants are dated for reference only this 9th day of March 2012, and are
made by Fort Benjamin Commons, LLC, a North Carolina limited liability company ("Declarant'), with the
joinder of Crystal Coast Hospice House, a North Carolina non-profit corporation ("Hospice") and Coastal
Community Action, Inc., a North Carolina non-profit corporation ("Action"). Hospice and Action are
jointly referred to herein as "Owners." This Instrument shall replace fully the Restated Protective
Covenants recorded in deed book 1401, page 457, Carteret County Registry, which document contained
errors in regard to the Permit referenced in the following paragraph.
Declarant is the developer of a tract of land known as Fort Benjamin Commons, located in the City of
Newport, North Carolina (the "Tract"). Developer was issued a Coastal Starmwater Management Permit
(SWB 020930) (the "Permit") authorizing creation of a certain stated amount of impervious surface on
the Tract, as specified In the Permit, based upon certain conditions, including construction and
maintenance of storm water ponds.
Declarant has now conveyed two parcels within the Tract to Owners, and Declarant is preparing to
construct the storm water ponds required by the Permit to accommodate construction on these parcels.
The Tract is shown on that plat recorded in Map Book 30, Page 610, Carteret County Registry. These
Protective Covenants shall encumber all of the property described therein, including the property
owned by Hospice, referred to as Lot 3 (see deed recorded in book 1376, page 96, Carteret County
Registry, for a complete description) and by Action, referred to as Lot 1 (see deeds recorded in back
990, page 495 and book 1090, page 399, Carteret County Registry, for a complete description).
Declarant and Owners, for themselves and for all successors in title and interest to any portion of the
Tract, acknowledge and agree that the benefits and restrictions as contained in the Permit and as stated /
in these Protective Covenants, to the extent applicable to property within the Track owned by such /.
parties, shall be and are binding upon all of such parties.
Therefore Declarant, with the joinder of Owners, for their benefit and for the benefit of the owners from
time to time of all lots within the Tract, and with the objective of preserving and value of each such lot,
and to control storm water runoff from each lot and from the Tract, and to restrict utilization of the
Property as required by the Permit, hereby subjects the Tract to the provisions of these Protective
Covenants, for the use and benefit of all present and future owners of lots within the Tract. These
BOOK/.IV,? _PA E '7
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Protective Covenants shall run with the land and shall bind and enure to the benefit of the owner of
each rot within the Tract. It is expressly understood and agreed that these Protective Covenants may be
enforced by Declarant, by either Owner, by the owner of any other land within the Tract, and by the
State of North Carolina, as the State of North Carolina is expressly hereby made a beneficiary of these
Covenantsto the extent necessary to maintain compliance with the Permit.
The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SWg 02093D, as amended from time to time by the State of North
Carolina. These covenants shall run with the land and be binding on all persons and parties claiming
under them.
1. No lot may contain impervious surface (built upon area), as defined by the State of North
Carolina, in excess of that amount set out on Exhibit A attached hereto. The allocated amount
includes any built -upon area constructed within the lot property boundaries, and that portion of
the right-of-way between the front lot line and the edge of the pavement. Built upon area
Includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina
and parking areas, but does not include raised, open wood decking or the water surface of
swimming pools.
2. All run-off from the built -upon areas on each lot must drain into the permitted system. This
may be accomplished through providing roof drain gutters, which drain to the street, grading
the lot to drain toward the street, or grading perimeter swales and directing them into the pond
or street. lots that will naturally drain into the system are not required to provide these
measures.
3. The owner of any lot within the Traci, other than Declarant, intending to improve the lot, must
submit a separate Offsite Stormwater Management Permit application to the Division of Water
Quality of the State of North Carolina, and receive from such agency a site specific storm permit,
prior to site construction.
4. Declarant hereby reserves the right, without joinder of any other party, as tong as Declarant
owns one or more lots within the Tract, to amend these Protective Covenants, with the prior
consent of the State of North Carolina, in the event the State of North Carolina amends the
Permit. Any such amendment shall accurately reflect the provisions contained In the Permit, as
amended.
5. These Protective Covenants may not be altered, amended or rescinded without the express,
written consent of the State of North Carolina, Division of Water Quality. Alternation of the
drainage on the Tract as approved by the Permit may not take place without the concurrence of
the Division of Water Quality of the State of North Carolina, and failure to comply with this
requirement shall be deemed a violation of these Protective Covenants.
6. Alteration of the drainage as shown on the approved plans may not take place without the
express written consent of the State of North Carolina, Division of Water Quality. Built -upon
area in excess of the permitted amount will require a permit modification.
7. Nothing contained herein shall restrict or limit the imposition of other and additional Protective
Covenants on the Tract, or any portion thereof, by Declarant, to the extent that such other and
further Protective Covenants do not rescind, alter or amend the stormwater, management
restrictions contained herein. Nothing contained herein shall alter in any way restrictions or
conditions contained in the deeds of conveyance from Declarant to Owners, to the extent not
inconsistent with these Protective Covenants. Declarant may be supplemental declaration
impose different or additional restrictions on subsequent owners of lots within the Tract, but
not upon the Owners, as long as such restrictions are consistent with the Permit.
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8. Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the Stormwater Rules is subject to enforcement
procedures as set forth in G>S> 143, Article 21.
9. Declarant reserves the right to form an association of property owners binding current and
future owners within the Tract. Declarant may transfer the Permit to such association, with the
consent of the State of North Carolina.. However, no such association shall impose on any
Owner any burden or obligation inconsistent with burdens and obligations set out in their deeds
of conveyance, or impose any costs on such parties inconsistent with such existing obligations.
Witness our hands and seals as of the day and year first above written.
FORTIAMINiiCQjdIMQNS, LLC
By
1 \1 f1 t ^L e 1 l
Member/Manager Pa , ck Paul yce
With the joinder of:
COASTAL MUNITYACTION, II�I�.
By:
PresidWrit Patricia J. Purnell
CRYSTAL COAST HOSPICE HOUSE
By: (/ • xd441)---
RitjKL a Robin A. Nelson
Ui F-C.Fzs}—
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, the undersigned Notary Public of the County and State aforesaid, certify that T4L i r ice pt'l 10ye e-
personally appeared before me this day and acknowledged that he is the . o7 [hat
entity named F"orf G,..w.ve_ ttc. a North Carolina corporation and that by Kthorlty
dully given and as the act of such entity, he signed the foregoing instrument in its name and on its
behalf as its act and deed. Witness my hand and Notarial Seal or stamp this Vtt• day of t'ywAcA. 2012.
My commission expires: 1 • X%• t3
NotaryPublic JDorotby B. Smith
BOOKZY-O'�PA,GE
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STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, the undersigned Notary Public of the County and State aforesaid, certify that u
personalty appeared before me this day and acknowledged that She is the
entity named lZb�k Wrth Carolina corporation qC
dully given and as the act of such entP he signed the foregoing instrumen
behalf as Its act and deed. Witness my hand and Notarial Seal or stamp thi 1Aj
My commission expires: � 11, 1(,(
Notary Public
Lure G. Taylor
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
ofthat
I, the undersigned Notary Public of the County and State aforesaid, certify that-R� u).0 pr -
personally appeared before me this day and acknowledged that She is theEig.. 0u ecbaof that
entity named.Atx"inaa.4 st . IZAL. , a North Carolina corporation and that by authority
dully given and aTthe act of such entity, he signed the foregoing instrument in its name and on its
behalf as its act and deed. Witness my hand and Notarial Seal or stamp this X�)- day of M4rtC1�2012.
My commission expires: k_lq-A
Notary Public
Delores C. Butler
DELARES C. BUTLER
AL
NOTARY PUBLIC
CARTERET COt�NTY INC
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EXHIBIT A
Lot #
Drains to Pond #
Allocated BUA, ft sq.
1
1
43,200
2
1
135,000
3
1
150,000
4
2
110,000
5
2
80,000
6
3
94,250
7
3
107,750
8
3
75,000
9
3
61,500
10
3
247,503
--,
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STROUD ENGINEERING, P.A.
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❑ For approval
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❑ FORBIDS DUE
❑ Approved as submitted ❑ Resubmit copies for approval
❑ Approved as noted ❑ Submit copies for distribution
❑ Returned for corrections ❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
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❑ Returned for corrections
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❑ Resubmit copies for approval
❑ Submit copies for distribution
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❑ PRINTS RETURNED AFTER LOAN TO US
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REMARKS
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ For review and comment ❑
❑ FORBIDS DUE
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:
If enclosures are not as noted, kindly notify us at once.

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PIMA
NCDENR
North Carolina Department
of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Charles Wakild, P. E. Dee Freeman
Governor
Director Secretary
April 4, 2012
Patrick Joyce, Manager
Fort Benjamin Commons, LLC
PO Box 190
Newport, NC 28570
Subject: NOTICE OF INSPECTION
Newport Triangle Commercial Subdivision
Permit No. SW8 020830
Carteret County
Dear Mr. Joyce:
On April 3, 2012, Linda Lewis of the Wilmington Regional Office of the Division of Water Quality (DWQ)
inspected Newport Triangle Commercial Subdivision in Newport, Carteret County to determine the status
of compliance with Stormwater Management Permit Number SW8 020830 issued on August 4, 2011.
DWQ file review and site inspection revealed that the site is compliant with the terms and conditions of this
permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this
letter.
If the project has changed its name, ownership or mailing address, a completed and signed
Name/Ownership Change form must be submitted to DWQ at least 30 calendar days prior to making the
changes. Please include the name, mailing address and phone number of the person or entity that is now
responsible for this permit on the Name/Ownership Change form.
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development
approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes,
which is current and valid at any point between January 1, 2008, and December 31, 2010. The law
extends the effective period of any stormwater permit that is set to expire during this time frame to three
(3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177
which grants an extra year for a total of four (4) years extension.
Accordingly, Stormwater Permit # SW8 020830, which is set to expire on March 13, 2013, is now in effect
until March 13, 2017. Please resubmit the renewal application and fee at least 180 days prior to March 13,
2017, which would be September 13, 2016. A copy of the Renewal Application can be obtained from this
website:
http://portal.ncdenr.org/web/wq/ws/su/statesw/forms docs.
If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-
796- 7301.
Siny,
Linda Lewis
Environmental Engineer III
Enc. Compliance Inspection Report
GDS\arl: S:\WQS\Stormwater\Permits & Projects\2002\020830 HD\2012 04 CEI_compliant
020830
cc: Georgette Scott, WiRO Stormwater File
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
One
Phone: [phone] \ FAX [phone] \ DENR Assistance: 1-877623-6748
NorthCarolina
Internet. w .ncxaterquality.org
a'atura//y
"
An Equal Oppodunity\ Affirmative Acuon Employer
(/VLf i4s

Permit: SW8020830
County: Carteret
Region: Wilmington
Compliance Inspection Report
Effective: 08/04/11 Expiration:03/13/17
Contact Person: Patrick Paul Joyce Title: Manager
Owner: Fort Benjamin Commons LLC
Project: Newport Triangle
301 McQueen Ave
PO Box 729
Newport NC 28570
Phone: [phone]
Directions to Project:
Travel approx. 5 miles on Hwy 70W from intersection of Hwy 70 & Hwy 24, take right on Hibbs Rd (SR1131) 0.1 miles to Joyce Ave.
follow to McQueen.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Snows Swamp Branch) (03-05-03 ) (C)
2 - (Snows Swamp Branch) (03-05-03 ) ( C)
3 - (Snows Swamp Branch) (03-05-03 ) ( C)
On -Site Representative(s):
Related Permits:
SW8020901 Coastal Community Action Inc - Coastal Community Action, Inc. New
Office
Inspection Date: 04/0312012 Entry Time: 11:40 AM Exit Time: 12:00 PM
Primary Inspector: Alice R Lewis
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ■ Compliant ❑ Not Compliant
Question Areas:
E State Stormwater
(See attachment summary)
Phone: [phone]
Inspection Type: Modification Offsite
Page: 1

Permit: SW8020830 Owner - Project: Fort Benjamin Commons LLC
Inspection Date: 04/03/2012 Inspection Type: Modification Offsite Reason for Visit: Routine
Inspection Summary:
Pond #1 is in compliance and the offsite project, Hospice, can be accepted for review and permitting.
File Review Yes No NA NE
Is the permit active? i ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment: 1. The permittee has provided all of the required documentation.
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as per the permit and approved plans?
Is the BUA (as permitted) graded such that the runoff drains to the system?
Comment: 2. Only one of the 10 lots is currently constructed, the Coastal Community
Action Building. Hospice is coming up next.
CW Mmmvnc
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Are the outlet structures located per the approved plans?
Comment: 3. Only Pond #1 is constructed, so only development on Lots 1, 2 and 3
can be approved.
■ ■ ■
O ■ ■
■ ■ ■
Yes No NA NE
■ ❑ ❑ ❑
■ ❑ ❑ ❑
■ ❑ ❑ Cl
Yes No NA NE
■ ❑ ❑ ❑
■ ❑ ❑ ❑
■ ❑ ❑ ❑
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? 0 ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ■ ❑ ❑ ❑
upon request?
Comment: 4. The pond and outlet were in very good shape.
Page:2

Lewis,L[nda
From: Ginger Turner [[e-mail]]
Sent: Thursday, March 08, 2012 4:37 PM
To: Lewis,Linda; 'Ronald Cullipher'
Cc: 'Pat Joyce', 'Kenneth Kirkman'
Subject: Newport Triangle (SW8 020830) Revised Covenants
Attachments: Fort Benjamin covenants march 2012.doc
Linda,
Please review the attached and comment as necessary before the owner has them executed and recorded. Please let us
know if you have any questions.
Thanks,
Ginger Turner, P.E.
Stroud Engineering, P.A.
107 B Commerce Street
Greenville, NC 27858
Office: [phone] ext 234
Fax: [phone]
Email Address: [e-mail]

Lewis,Linda
From: Lewis, Linda
Sent: Thursday, March 08, 2012 9:55 AM
To: 'Ronald Cullipher'
Cc: Scott, Georgette
Subject: RE: Hospice House Lot 3 Newport Triangle
Ron:
I am terribly confused by all this. First, the restrictions that were recorded reference SW8 010209, but this
permit is not the one that requires deed restrictions — the SW8 020830 permit is the one that needs the
recorded DR's for the 10 lots that are proposed.
These are the restrictions to be recorded from the 020830 permit:
Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 020830, as issued by the Division of Water Quality under NCAC
2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater Management Permit.
c. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is as follows:
Lot #
Drains to
Pond #
Allocated
BUA, ft2
1
1
43,200
2
1
135,000
3
1
150,000
4
2
110,000
5
2
80,000
6
3
94,250
7
3
107,750
8
3
75,000
9
3
61,500
10
3
247,503
This allotted amount includes any built -upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water surface of
swimming pools.
All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain
toward the street, or grading perimeter swales and directing them into the pond or street. Lots that
will naturally drain into the system are not required to provide these measures.
Built -upon area in excess of the permitted amount will require a permit modification.

ti
i. Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the Stormwater Rules is subject to enforcement
procedures as set forth in G.S. 143, Article 21.
j. Each lot within the subdivision whose ownership is not retained by the permittee, must submit a
separate Offsite Stormwater Management Permit application package to the Division of Water
Quality and receive a permit prior to any construction on the lot.
You've indicated that 3 lots are sold and are to be covered by the covenants, but Exhibit A only lists 2 lots,
Coastal Community Action (Lot 1) and Hospice (Lot 3). What other lot is sold, who owns it, do they have an
offsite permit, and why aren't the remaining 7 lots included in the document?? We received an unrecorded
deed restriction that was dated December 20, 2002 which has most of the correct permit language and all 10
lots. This is the document that Mr. Joyce needs to correct and record before we can accept the Hospice
application in Express.
The covenants don't have any section or article numbers to reference, so just bear with me as I try to tell you
where this is - on the second page of the document, item #2 says that, "The permit requires the construction of
a stormwater management system." Item #3 on that same page requires the owner of a lot to get a site specific
stormwater management permit. This is not the language from the 020830 permit. The wording in this recorded
document sounds like each lot has to provide its own BMP but that is not what the permit requires. Each lot
needs to get an "OFFSITE" permit from the Division before construction. Please use the language from the
020830 permit, as indicated above.
Item #1 refers to both an Exhibit A and an alternate BUA limitation on "Exhibit B" to be used in case the State
amends the permit to allow impervious surfaces as set out in Exhibit B. What is Exhibit B and why is there a
reference to an alternate BUA other than what the 020830 permit currently allows? Please use the Lot BUA
table from the 020830 permit.
I don't know why you can't provide a temporary pipe/access bridge over the inlet swale into the pond. It's a
relatively easy temporary fix.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Ronald Cullipher [mailto:[e-mail]]
Sent: Thursday, March 08, 2012 7:48 AM
To: Lewis,Linda
Cc: 'Pat Joyce'; Tommy Glasgow'
Subject: Hospice House Lot 3 Newport Triangle
Good morning Linda,
We had a chain of emails concerning our desire to submit for express review for the "offsite submittal" of the Carteret
County
Hospice House, which is located on lot 3 of the Newport Triangle Commercial Subdivision, dating back to January 24,
2012.
We determined at that time that the approved covenants had not been executed and recorded at the Carteret County
Register
Of Deeds office. Only three of the lots, lots 1, 2 and 3 have been "developed" and therefore are the only lots that are
currently

Subject to the covenants. These covenants have now been approved by the three lot owners and recorded. (Copy
attached).
I have also attached pictures that I took of the pond vegetation back on Feb 6, 2012. The vegetation is even more dense
At this time. The orifice is being relocated today to be on top of the bank instead of being buried just below the slope
Surface.
The permit for this pond was approved with the pond being in an easement and located on lot 2 not in a separate parcel.
All
Land owner parties are ok with this and the easement will allow access to all appropriate personnel.
The pond intake is being requested to be delayed until the Hospice Project is approved and the proposed borrow pit
constructed
To avoid crossing the inlet swale with the borrow pond activities, please see a copy of the attached plan. Since the runoff
from
The CCA has not been in a wetpond since its construction, we would hope that another 60 to 90 days will be acceptable.
Please review the attached and let me know if we are an appropriate candidate for express. We would like to submit as
soon
As possible. Thanks, ron
Ronald D. Cullipher, P.E.
Stroud Engineering, P.A.
151 A Hwy 24
Morehead City, North Carolina 28557
ph 252-247-7479
fax [phone]
email rcullioher(a)stroudengineer.com

' NORTH CAROLINA. CARTERET COUNTY IBIIIIII f�'I II ��II GI IIII I�
This Instrument and this cartlflcole ere duly filed atge
the data and time and in the Book and Pashown [t C N d,1C�d,1C"
on the first page he,
e f 1LL tl IRV IiJ
J wre y�tegister or Deeds ""-- --------
Er- '
V, FOR REGISTROTT R GI T-R O'r DEEDS
4ae 0eyulrftoft, nr Deed, Carter®: County, r.0
March 06; 2012 06:1r 47 W
COUNTER RIC : P
FEE $26 00
FILE 4 '401'57
Prepared by: Kenneth M.Kirkman,Attornety
STATE OF NORTH CAROLINA CARTERET COUNTY
RESTATED PROTECTIVE COVENANTS
FORT BENJAMIN COMMONS
These restated Protective Covenants are dated for reference only this 251" day of July 2011, and are
made by Fort Benji
amin Commons, LLC, a North Carolina limited liability company ("Declarant'), with the
joinder of Crystal Coast Hospice House, a North Carolina non-profit corporation ("Hospice") and Coastal
Community Action, Inc., a North Carolina non-profit corporation ("Action"). Hospice and Action are
jointly referred to herein as "Owners."
V� Declarant is the developer of a tract of land known as Fort Benjamin Commons, located in the City of
o Carolina (the "Tract")- Developer was issued a Coastal Stormwater Management Permit
(Sw8 OI0209) (t a "Permit") authorizing creation of a certain stated amount of impervious surface en
aecified in the Permit, based upon certain conditions, Including construction ands
maintenance of storm water ponds.
Declarant has now conveyed two parcels within the Tract to Owners, and Declarant is preparing to
construct the storm water ponds required by the Permit to accommodate construction or,. these parcels.
Declarant and the Owners have also determined that some reallocation of the allowed impervious
surface, and a slight relocation of one of the ponds, is in the best interest of all of the parties execu-
this document, and would be consistent with applicable rules and regulations governing stone water
management in coastal North Carolina. Declarant therefore, with the consent of Owners, is seeking to
renew and modify the Permit as more fully set out hereinafter.
The Tract is shown on that plat recorded in Map Book 30, Page 610, Carteret County Registry These
Protective Covenants shall encumber all of the property described therein, including the property
owned by Hospice, referred to as Lot 3 (see deed recorded in book 13/6, page 96, Carteret County
Registry, for a complete description) and by Action, referred to as Lot 1 (see deeds recorded in book
990, page A95 and book 1090, page 389, Carteret County Registry, Tor a complete description).
Declarant and Owners, for themselves and for all successors in title and interest to any portion of the
Tract, acknowledge and agree that the benefits and restrictions as contained in the Permit and as stated
in these Protective Covenants, to the extent applicable to property within the Track owned by such
parties, shall be and are binding upon all of such parties.
Therefore Declarant, with the joinder of Owners, for their benefit and for the benefit of the owners frorn
time to time of all lots within the Tract, and with the objective of preserving and value of each Stich lot,
and to control storm water runoff from each lot and from the Tract, and to restrict utilization of the
�,',rt;_..r"�xr,
£ a6ed srarot'zzsz vd tx'Sel-J s uDseb4--`3 JH ,AEt S ?tn? ,o .,_„

Property as required by the Permit hereby subjects the Tract to the provisions of these Protective
Covenants, for the use and benefit of all present and future owners of lots within the Tract. These
Protective Covenants shall run with the lard and shall bind and enure to the benefit of the owner of
each lot within the Tract. It is expressly understood and agreed that these Protective Covenants may be
enforced by Declarant, by either Owner, by the owner of any other land within the Tract, and by the
State of North Carolina, as the State of North Carolina is expressly intended to be a beneficiary of these
Covenants.
The specific covenants and restrictions imposed by this instrument are as follows:
I. No lot may contain impervious surface, as defined by the State of North Carolina, in excess of
that amount set out on Exhibit A attached hereto. However, all parties hereto agreed that,
should the State of North Carolina amend the Permit to allow impervious surfaces as set out in
xhibit 8, that all parties hereto consent to such change, and agree to be bound therebv.
Impervious surface as defined by the State of North Carolina includes any built upon area
constructed within the boundaries of any lot, and on that portion of any right of way between
the lot property boundary and any adjoining impervious road surface. Built upon area includes,
but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina parking
areas, but does not include raised, upen wood deuking or the water surface of swimming pools-
2. The Permit requires the construction of a storm water management system, All runoff from
built upon areas on each lot must drain into the permitted system. This runoff control may he
accomplished through providing roof drain gutters which drain to the street, grading the lot to
drain towards the street, or grading perimeter swells to collect lot runoff and directing it into
the storm water system or into the street. lots that will naturally diain into the system are not
required to provide additional storm control measures.
3. The owner of any lot within the Tract, other than Declarant, intending to improve the lot, must
submit a separate permit application to the Division of Water Quality of the State of North
Carolina, and receive in from such agency a site specific storm water management permit, prior
to site construction. This permit application must be consistent with the restrictions contained
in the Permit and as stated herein.
4. Declarant hereby reserves the right, without joinder of any other party, as lctw as Declarant
owns one or more lots within the Tract, to amend these Protective Covenants, with the prior
consent of the State of North Carolina, in the event the State of North Carolina amends the
Permit. Any such amendment shall set accurately reflect the provisions contained in the Permit,
as amended.
5. These Protective Covenants may not be altered, amended or rescinded without the express,
written consent of the State of North Carolina, Division of Water Quality. Said concurrence shall
be deemed given if the Permit is amended by appropriately issued modification or renewal
thereof.
6. Alternation of the drainage on the Tract as approved by the Permit may not take place without
the concurrence of the Division of Water Quality of the State of North Carolina, and failure to
comply with this requirement shall be deemed a violation of these Protective Covenants.
7. Nothing contained herein shall restrict or limit the imposition of other and additional Protective
Covenants on the Tract, or any portion thereof, by Declarant, to the extent that such other and
further Protective Covenants do not rescind, altei or amend the stonnwater management
restrictions contained herein. Nothing contained herein .hall alter in any way restrictions or
conditions contained in the deeds of conveyance from Declarant to Owners, to the extent not
inconsistent with these Protective Covenants.
y aSed 8t18b0b7Z9Z 'Vd uoseW � uosel-f`e-i dH WV4t'2 'i _. "!J

8. Declarant reserves the right to form an association of property owners banding current ana
future owners within the Tract. Declarant may transfer t'ne Permit to such association
However, no such association shall impose on either Owner anv burden or cbiigatior
inconsistent with burdens and obligatlors set out intheir deeds of conveyance, or impose any
costs on such parties inconsistent with such existing obligations.
Witness our hands and seals as of the day and year first above written.
FORRem
aINCO Or S, IeCCJ
ay:
er/Manager
1
With the joinder of:
COASTAL' CI VIMUNITYACTION, C
l
Presid t
CRYSTAL COAST HOSPICE HOUSE
fir_—P-1 h_ e t
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
Fit
I, the undersigned Notary Public of the County and State aforesaid, certify that _�a{ r i G k f_' So ye t
personally appeared before me this day and acknowledged that he is the fib c bcrlh'4S{{fiat
entity named ,moo t 8.q,aon'n cg,, s Cf North Carolina corporation and that by authority
dully given and as the act of such entity, he signed the foregoing instrument in its name and on its,-..,
behalf as its act and deed. Witness my hand and Notarial Seal or stamp thisl('t`day of �Tal> u.201
My commission expires' dl l3 T:-A s-(.L 6.6,,�
Notary Public ,
STATE OF NORTH CAROLINA • ?.
COUNTY OF CARTERET "
I, the undersigned Notary Public of the County and State aforesaid, certify that
personally appeared befo,yre, me this day and acknowledged that he is the " o'f'{hat : -
entity named 1ha 'r' 745j,4 �c ili� North Carolina Corporation and tt b a. l� yr; •' ,
dully given and as the act of such entity, he signed the foregoing instrument in its n1met�nry{,d}i?s-, "
behalf as its act and deed. Witness my hand and Notarial Seal or stamp this
My commission expires r)I
Notary Public GPat
5 a5ed 8118VObZZSZ "dd 3 uOselJ<ed dH I4P9118 ,10? _- -eN

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, the undersigned Notary Public of the County and State aforesaid, certify that Pl),^n 'iilr'1 cry
Personally a pealed before me thi ay and acknowledged that he is the of that
entity named o j� Pa North Carolina corporation and that by authority
dully given and as the act of such entity, he signed the foregoing instrument i s name and o� it
behalf as its act and deed. Witness my hand and Notari or stamp this "119 of
My commission expires:
otary Public i p3A �waV Pu sN�:�
g a6ed 2r8r0r7Z6Z 'N'd Wgetj 2 uoget,J-ej dH WVSr8 GtLc:

FORT BENJAMIN COMMONS
EY,HIBIT A
ALLOWABLE BUILT UPON AREA
CRYSTAL COAST HOSPICE HOUSE
COASTAL COMMUNITY ACTION, INC.
rer�2in�ly'(1�52
150,000 st Lof J
43,200sf L.d%I
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FWRE11ORES IROTCLOTIO ORS TOO PESO
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Lewis,Linda
From:
Lewis, Linda
Sent:
Tuesday, January 24, 2012 12:47 PM
To:
Ron Cullipher
Cc:
Russell, Janet
Subject:
SW8 020830 Newport Triangle
Ron
After I looked at the photos and went through the permit, we may not be able to accept a stormwater
application from the offsite Hospice lot any time soon. One thing to note is that there is no date stamp on the
photos. It helps if there is a date stamp. When were the photos taken?
The photos show that there is no grass on the pond slopes. The grass would need to at least cover the slopes
before we could issue a permit for the offsite lot. The pond is not considered to be in compliance unless the
grass is established, so it is not possible to permit an offsite lot until the pond is in compliance. I understand
about the wetlands planting schedule. Those plants are limited in their availability, expensive, and can only be
planted at certain times of the year.
I'm also curious about the orifice setup — is it straight into the outlet structure? The approved plan called for
one end at the PPE in the outlet structure and then it was supposed to follow the slope angle (staked into the
side slope) down under the permanent pool. From the photos, it looks like it is buried under the slope and just
the last little piece comes out straight. I can't tell if the pipe is angled under the slope, or how deep the outlet
structure is, so it's hard to tell exactly what's happening.
If the inlet swale is not yet built, how does (will) the runoff from the roads and the previously permitted Coastal
Community Action office and the proposed Hospice (Lot #3) drain into the pond? Are you going to propose a
temporary means? Is there a timeline for getting the inlet swale installed? Perhaps you should consider
sodding the pond slopes and/or adding filter fabric and rip rap to the inlet swale all the way down the pond
slope to control erosion, or some temporary check dams in the swale.
The permit also requires the recordation of deed restrictions which apply to each of the 10 permitted offsite
lots. An unrecorded copy was submitted with the July 2011 modified application, but an executed and recorded
copy has not yet been submitted.
Thanks,
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.

I
t
TO
STROUD ENGINEERING, P.A.
Hestron Plaza Two
151-A Hwy- 24
MORE HEAD CITY, NC 28557
[phone]
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via
❑ Shop drawings ❑ Prints \ ❑ Plans
I
❑ Copy of letter ❑ Change order ❑
i
LETTER'OF TRANSMITTAL
DATE JOB NO
�.• .. t1•W� ♦_ 1.
I
the following items:
❑ Samples ❑ Specifications
COPIES
'.: DATE
- NO.
DESCRIPTION
-_
Imo, �t•J VI ��/✓J �1
THESE ARE TRANSMITTED as checked below:
❑ For approval
�< For your use
❑ As requested
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ For review and comment ❑
❑ FORBIDS DUE
REMARKS
Fir( D yy,
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNE
if enclosures are not as noted, kindly notify us at once.