SW7051026_HISTORICAL FILE_20190726

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW 7US��J l0
DOC TYPE
❑CURRENT PERMIT
❑ APPROVED PLANS
C�HISTORICAL FILE
C
DOC DATE
YYYYMMDD

t
ROY COOPER
Governor
MICHAEL S. RECAN
Secretory
S. DANIEL SMITH
piteclor
NORTH. CAROLIN 4
Environmental Quality
July 26, 2019
CERTIFIED MAIL # 7017 3380 0001 0998 5386
RETURN RECEIT REQUESTED
Mr. Lance Clark, Manager
Bill Clark Homes of Greenville, LLC
200 E. Arlington Blvd., Suite R
Greenville, NC 27858
Subject: Notice of Deficiency- NOD -2019—PC - 0169
Stormwater Management Permit SW7051026
Lynnwood Highlands
Craven County
Dear Mr. Clark
' • ,6�' VG
On July 24, 2019 1 inspected the stormwater treatment system permitted under
SW7051026 for Lynnwood Highlands in Craven County. The stormwater treatment
rn syste-+ne6des-a -wet-dete-ration-pond-and-six-curb-outlet-s
to not be incompliance with the stormwater permit.
The banks of the wet detention pond were found to be grown up with woody vegetation
(mostly willows). Also, significant erosion has occurred on the pond banks. The woody
vegetation needs to be removed, the banks regraded to the original design and
stabilized with vegetation. Each of the curb outlet swales must be maintained with 5:1
side slope and must have a dense vegetated cover. The stormwater permit, Section II
3., requires that the permittee at all times, provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum efficiency.
We have received both a renewal application and an Ownership Change application for
this project. We will not be able to transfer ownership of the permit until the system has
been brought into compliance. Therefor this application is being put on hold until
compliance is achieved. We can proceed with renewing the permit in your company's
name now if you wish. But as stated before we can not transfer the permit to the
Community Association until the system is in compliance.
Please submit a schedule for achieving compliance within thirty days of receipt of this
letter.
North c:ac al}na DeparurerN of Environmental Quality Divi;iun of Energy, ,Mineral and Land Resource;
Washington Regior, ld O firr '. 1)43 Washingtontiquar'e Mall ; Washington, North Carolina?7&31)
a.�.rmemaf En,wnmanur�Mny 7 j � �l.tb.fa.}83

If you have questions, please feel free to contact me at [phone]. I will be glad to
discuss this by phone or meet with you or your representative.
Sincerely,
;��
Roger K. Thorpe
Environmental Engineer
Ec Landon Weaver
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!- Mr. Lance Clark, Manager
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Bill Clark Homes of Greenville, LLC
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THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL
SIGNS
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF
THE UNITED STATES OF AMERICA OR THE STATE FLAG OF NORTH
CAROLINA
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR THE
LYNNWOOD HIGHLANDS COMMUNITY
THM DECLARATION is made on the date hereinafter set forth by Bill Clark Homes of
Greenville, L.L.C., a North Carolina limited liability company (hereinafter referred to as
"Declarant").
WITNESS TO:
WHEREAS, Declarant is the owner of certain red progeny located in Craven County,
North Carolina, which is more particularly described an Exhibit "A" attached hereto and made a
part hereof by reference (hereinafter sometimes referred to as the "Property").
WHEREAS, Declarant desires to create on such property an exclusive residential
community of single-family homes to be known as Lynnwood Highlands (hereinafter sometimes
referred to as "Subdivision")
WHEREAS, Declarant desires to provide for the maintenance and upkeep of the Property
and the, common area within the Subdivision and to provide for enforcement of covenants and
restrictions applicable to the Subdivision, and, to that end, desires to subject all of the property
within the Subdivision to the covenants, conditions, restrictions, easements, charges and liens
hereinafter set forth, each and all of which is and are for the benefit of said property and each
owner thereof,
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WHEREAS, Declarant has deemed it advisable to crest e an organization to own,
maintain and administer the Common Area (as hereinafter defined). to administer and enforce
covenants and restrictions applicable to the Subdivision, and to collect and disburse the
assessments and charges hereinafter created, and Declarant has therefore incorporated under
North Carolina law as a non-profit corporation, the LYNNWOOD HIGHLANDS
COMMUNITY ASSOCIATION. INC., for the purpose of exercising the aforesaid functions;
NOW, THEREFORE, Declarant declares that the Properties and such additions thereto as
may hereafter be made pursuant to Article 1I hereof, is and shall be owned, held, transferred,
sold, conveyed, used and occupied subject to the covenants, conditions, restrictions, easements,
charges and liens set forth in this Declaration, all of which shall run with the real property and be
binding on all parties owning any right, title or interest in said real property or any part thereo&
their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each
owner thereof,
ARTICLE I
DEFINITIONS
ectio . "Association" shall mean and refer to the LYNNWOOD HIGHLANDS
COMMUNITY ASSOCIATION, INC., a North Carolina non-profit corporation, its successors
and assigns.
action 2. 'Builder" shall mean and refer to any persons, firms or entities to whom or
which Declarant conveys one or more Lots within the Properties for the purpose of constructing
a Dwelling thereon.
Section . "Common Area" shall mean and refer to any and all real property, together
with any improvements thereon, shown on any recorded subdivision plat of the Properties, with
the exception of any Lots, as said term is defined in this Declaration, and any public street rights -
of way as same are shown on any recorded subdivision plat of the Properties. Except as
otherwise provided in this Declaration, the Common Area shall be maintained by the Association
or its successors in interest unless dedicated to public use as set forth herein.
action 4. "Declarant" shall mean and refer to Bill Clark Homes, of Greenville, L.L.C. It
shall also mean and refer to any person, company or entity to whom or which Declarant shall
assign or delegate the rights and obligations of Dedarant by an essigames t of Declaraat's rights
recorded in the applicable public registry for Craven County, North Carolina.
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xtio 5. "Lot' shall mean and refer to any plot of land, with delineated boundary lines,
shown on any recorded subdivision plat of the Propertim with the exception of any Common
Area owned in fee by the Association and any public street rights -of -way shown on such
recorded plat. In the event that any Lot is increased or decreased in size by recombination or
resubdivision through recordation of new subdivision plats, any newly -platted Lot shall
thereafter constitute a Lot.
Section b. "Member° shall mean and refer to every person or entity who or which holds
membership in the Association.
Section 7. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of fee simple tide to any Lot which is a part of the Properties, including
contract sellers, but excluding those having an interest in a Lot solely as security for the
performance of an obligation.
Section 8. "Properties" shall mean and refer to the property described in Exhibit A to this
Declaration and any additional property annexed pursuant to Article U of this Declaration.
S%fion 9. Intentionally Omitted
Section 10. "Unit" or "Dwelling" shall mean and refer to any building or portion thereof
within the Properties which is designated and intended for use an occupancy as a residence by a
single family, whether by the Owner of such Unit or by tenants or lessees of such Owner.
ARTICLE III
PROPERTY SUBJECT TO THIS DECLARATION
AND WITH THE JURISDICTION OF THE
LYNNWOOD HIGHLANDS COMIMUNITY
ecti n 1. This section has been intentionally omitted.
Section 2, Existing Prape . The real property which is and shall be held, transferred,
sold, conveyed, used and occupied subject to this Declaration as of the date of recording hereof,
which is within the jurisdiction of the Association, and which is described on Exhibit A attached
hereto.
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Section . Annexation of AdditionalJN. At any time Declarant awns any Lot
within the Properties, additional land not within the Properties may be annexed by the Declarant
without the consent of the Members and therefore become subject to this Declaration by the
recording by Declarant of a plat showing such property to be annexed and of a supplementary
declaration extending the operation and effect of this Declaration to the property to be annexed.
Any property annexed must be contiguous to property already subject to this Declaration. Any
property annexed pursuant to this subsection may be annexed and subjected to this Declaration
as one parcel or as several parcels at different times. The addition of such property pursuant to
this Section may increase the cumulative number of Lots within the Properties and, therefore,
may alter the relative maximum voting strength of the various types of Members.
A supplementary declaration may contain such complementary additions to and
modifications of the covenants and restrictions contained in this Declaration, including, without
limitation, different voting rights and different annual and special assessments for the Lots or
Units so annexed. as Declarant, in its sole discretion, may deem necessary or appropriate to
reflect the different character or use of the property added. In no event, however, shall any
supplementary declaration revoke, modify or add to the covenants and restrictions established by
this Declaration so as to materially and adversely affect any portion of the Properties already
subject to this Declaration. A supplementary declaration annexing additional property need only
be executed by the Declarant and, if applicable, by the owner of the property being annexed, and
shall not require the joinder or consent of the Association or any of its Members.
Nothing contained in this Article shall be construed to obligate or require Declarant to
make any additions to the Properties.
action 4. Conveyance of Common Armin Anncxcd REggM. Promptly upon request of
Declarant, the owner of the annexed property shall convey any or all Common Area located
within the newly annexed property to the Association or, if requested by the Declarant, to the
Declarant. Title to such Common Area shall be conveyed in the same manner as set forth in
Section 3 of Article 1V of this Declaration.
Section 5. MM . Additional property may also be made subject to this Declaration by
merger or consolidation of the Association with another non-profit corporation formed for the
same or similar purposes. The surviving or consolidated association shall administer the
covenants and restrictions established by this Declaration within the Properties and the covenants
and restrictions established upon property owned by the other association as one scheme. No
such merger or consolidation shall cause any revocation, change or addition to this Declaration.
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Section 6. Effect of Addition of . Except by amendment of this Declaration as
provided in Section 3 of Article XH hereof; no addition of property, whether by annexation,
merger or consolidation, shall revoke or modify any provision of this Declaration as to the
Properties already subject hereto or diminish the rights of the Owners of Lots and Units within
the Properties, except for the dilution of voting strength that occurs as a result of inclusion of
additional Members of the Association.
Section 7. Withdrawal of . Declarant reserves the right to amend this
Declaration so long as it has a right to annex Additional Property pursuant to this Article for the
purpose of removing any portion of the Properties then owned by Declarant or the Association
from the coverage of this Declaration. to the extent originally included in error or as a result of
any changes whatsoever in the plans for the Subdivision, provided such withdrawal is not
unequivocally contrary to the overall, uniform scheme of development for the Subdivision.
Section 8, Good Faith bender's Clause. Any violation of these covenants, conditions or
restrictions shall not affect any lien or deed of bust of record held in good faith, upon any Lot or
commercial Unit, which liens may be enforced in due course, subject to the terms of this
Declaration.
ARTICLE M
MEMBERSHIP AND VOTING RIGHTS
Section 1. �bershi . Every Owner of a Lot which is subject to assessment by the
Association shall be a Member of the Association. Membership shall be appurtenant to and may
not be separated from ownership of any Lot which is subject to assessment.
Section . Voting Rights. The voting rights of the membership shall be appurtenant to the
ownership of the Lots and may not be separated from ownership of any Lot.
There shall be two classes of Lots with respect to voting rights:
(a) Class _Lots. Class A Lots shall be all Lots except Class B Lots as the same are
Hereinafter defined. Ownership of a Class A Lot shall entitle the Owner of such Lot to one (1)
vote. When more than one person owns an interest (other than a leasehold or security interest) in
any Lot, all such persons shall be Members and the voting rights appurtenant to their Lot shall be
exercised as they, among themselves, determine; but &actionai voting shall not be allowed, and
in no event shall more than one vote be cast with respect to any Class A Lot.
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(b) Class B JAM Class B Lots shall be all Lots owned by Declarant and which have not
been converted to Class A Lots as set forth below. Declarant shall each be entitled to tine (9)
votes for each Class B Lot it owns. The Class B Lots shall cease to exist and shall be converted
to Class A Lots upon the earlier of the following to occur: (i) when Declarant no longer owns
any Lots or Units within the Properties; (ii) upon written waiver of Class B membership by the
Declarant and/or; or (iii) December 31, 2031. When the Class B Lots cease to exist and are
converted to Class A Lots, Declarant shall have the same voting rights as other Owners of Class
A Lots.
(c) Declarantt s Voting Ri,htsUntil the Class B Lots cease to exist, as provided above,
Declarant shall be vested with the sole voting rights of the Association on ell matters (including
election and removal of directors and officers of the Association), except such matters as to
which the Declaration, the Articles of Incorporation, or the Bylaws of the Association
specifically require a vote of the Class A Members.
�ection 3. Leased Units. Notwithstanding any other provision of this Declaration or the
Bylaws of the Association, the vote as expressed by the Owners of Lots or Units which are
leased (or rented to or otherwise occupied by persons) other than the Owner shall not be entitled
to any weight greater than forty-nine (49) percent on any matter pending before the Association.
ARTICLE IV
PROPERTY RIGHTS
Section 1. Own ' Easements of Fnioynnent and Acmes. Except as limited by the
provisions of this Section 1 and by the rules and regulations adopted by the Board of Directors of
the Association, every Owner shell have a right and easement of enjoyment in, use of and access
to, from, and over the Common Area, which right and easement shall be appurtenant to and shall
pass with title to every Lot, subject to:
(a) the right of the Association to charge reasonable admission and other fees for the use
of any recreational facilities situated or constructed on the Common Area and to limit the use of
such facilities to Owners who occupy a residence on the Properties and to their families, tenants
and guests, as provided in Section 2 of this Article IV.
(b) the right of the Association to suspend the voting rights of an Owner for any period
during which any assessment against his Lot remains unpaid, or for a period not to exceed sixty
(60) days for any infraction of the published rules and regulations of the Association.
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(c) the right of the Association to dedicate, sell or transfer all or any part of the Common
Area to any public or quasi -public agency, authority or utility for such purposes and subject to
such conditions as may be agreed upon by the Members. After Class B Lots cease to exist, no
such dedication or transfer shall be effective unless the Members entitled to at least 80% of the
votes of the entire membership of the Association and at least three -fourths (3/4) of the votes
appurtenant to each Class of Lots agree to such dedication, We or transfer and signify their
agreement by a signed document recorded in the applicable public registry for Pitt County, North
Carolina, Nothing herein shall be deemed to prohibit the Board of Directors of the Association,
without consent of the Members, fiom granting easements over and across the Common Area to
any public agency, authority or utility for the installation and maintenance of sewerage, utility
(including cable television) or drainage facilities when, in the opinion of the Board, such
easements are necessary for the convenient use and enjoyment of properties within the
Subdivision. Notwithstanding anything herein to the contrary, the Common Area shall be
preserved for the perpetual benefit of the owners of Lots within the Subdivision and shall not be
conveyed except to a governmental entity or another non-profit corporation organized for similar
purposes.
(d) the right of the Association, to borrow money and, after Class B Lots cease to exist.
with the assent of Members' entitled to at least g0% of the votes of the entire membenbip of the
Association and at least two-thirds (2/3) of the votes appurtenant to each Class of Lots,
mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as
security for money borrowed or debts incurred, provided that the rights of any such leader or
mortgagee shall be subordinate to the property rights of the Members and the Association as set
forth herein.
(e) the right of the Association to exchange all or part of the Common Area for other
property and consideration of like value and utility, provided, however, that, after Class B Lots
cease to exist, any such dedication shall require the assent of the Members as set forth in
subparagraph (c) above. and further provided that, if the Board of Directors of the Association
determines, in its sole discretion, that such exchange is necessary to cure an encroachment or
setback violation on any Lot, the Board may effect such exchange without the consent of or
approval by the Members.
(fl the right of the Association to open the Common Area and for use by non-membcrs
of the Association.
(g) the right of the Association to expand or add to the Common Area and to improve,
maintain and operate the Common Area.
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(h) the right of the Association to adopt, promulgate and enforce rules and regulations
concerning the use of the Common Area
(i) the right of the Association to otherwise deal with the Common Area as provided in
the Articles of Incorporation and Bylaws of the Association.
Section 2. l]elegation of use -
(a) f gpkiy. The right and easement of enjoyment and access granted to every Owner by
Section 1 of this Article may be exercised by members of the Ownees. family who occupy the
residence of the Owner within the Properties as their principal residence in Craven County,
North Carolina.
(b) Tenants: Contract Purchasers. The right and easement of enjoyment and access
granted to every Owner by Section 1 of this Article may be delegated by such Owner to his
tenants or contract purchasers who occupy a residence within the Properties, or a portion of said
residence, as their principal residence in Craven County, North Carolina.
(c) Guests. The right and easement of *oyment and access granted to every Owner
by Section 1 of this Article may be delegated to guests of such Owners, tenants or contract
purchasers, subject to such rules and regulations as may be established by the Board of Directors.
(d) Suspension o�tiahts. The rights of any delegate of an Owner shall be suspended by,
upon and during suspension of such Owner's rights as provided in Section 7 of Article XII of this
Declaration.
Szgna 3. Conveyance of CQmmon Am To The Msociation. No later than the time
Declarant no longer exercises voting control over the Association as provided in Article III
hereof~ Declarant shall convey, and the Association shall accept, fee simple title to all Common
Area (except Common Area easements) within the Properties, and shall reserve for or grant to
the Association all Common Area easements, all subject to such easements, reservations,
conditions and restrictions as then may be of record, and the Association shall accept all such
conveyances, grants and reservations, provided, however, that so long as Declarant owns any
Lots within the Properties, Declarant reserves an easement over and across any Common Area
deeded to the Association for the purpose of constructing and maintaining any improvements on
the Common Area as it deems necessary or advisable, provided that any such improvements
must comply with the requirements of the appropriate governmental authority. Any
improvements placed on the Common Area by Declarant shall become the property of the
Association upon completion of such improvements.
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io 4. Regulation and Maintenance of Common Area lg d_Common Area Easements.
It is the intent of the Declarant that the Common Area be preserved for the perpetual benefit of
the Owners.
(a) Regulation of Common Arm The Association may adopt and promulgate rules and
regulations governing the use of the Common Area by Owners and their f mrdly, guests and
invitees. No Owner or other permitted user shall use the Common Area or any portion thereof in
violation of the rules and regulations contained in this Declaration or subsequently adopted by
the Association.
Without limiting the generality of the foregoing, no Owner or tenant, guest or invitee of
an Owner shall, without the specific prior written consent of the Association: (i) damage or waste
the Common Area or improvements thereon or remove any trees or vegetation therefrom: (ii)
erect any gate, fence, structure or other improvement or thing on the Common Area; (iii) place
any garbage receptacle, trash or debris on Common Area; (iv) fill or excavate any part of the
Common Area; (v) landscape or plant vegetation on Common Area; or (vi) use the Common
Area or any part thereof in a manner inconsistent with or in any way interfering with the rights of
other Owners.
(b) Rights and &
qWnsibilides of the Lot Owners as to Common Area F&Mq ts. Each
Owner of a Lot upon which a Common Area easement lies shall pay all property taxes and other
assessments levied against his Lot, including that portion of such tax or assessment as is
attributable to such Common Area easement.
(c) Rights and Responsibilities of the Association as to Common Area The Association
shall have the right and obligation to ensure that the Common Area is preserved for the perpetual
benefit of the Owners, and, to that end, shall: (i) maintain the Common Area in its natural or
improved state, as appropriate, and keep It free of impediments to its use by the Owners, subject
to the provisions of this Declaration; (ii) procure and maintain adequate liability insurance
covering the Association and its Members, Directors and officers, against any loss or damage
suffered by any person, including the Owner of the Lot upon which Common Area lies, resulting
from use of the Common Area, and adequate hazard insurance covering the real and personal
property owned in fee by the Association; and (iv) pay all property taxes and other assessments
levied against all Common Area owned in fee by the Association.
(d) DeclaranVs and Association's Right of Entry. The Declarant and the Association and
the employees, agents, contractors and subcontractors of each, shall have a non-exclusive right
and easement at all times to enter upon any portion of a Lot reserved or designated as a Common
Area easement for the purposes of: (i) installing and maintaining subdivision entrance signs,
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features, fencing and landscaping; and (ii) making such improvements to the Common
Area; and (iii) maintaining the Common Area easement in its natural or improved state.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Oblige 'on of Assessments. Each Owner of a
Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association annual assessments and special
assessments, such assessments to be established and collected as hereinafter provided. All
assessments which are unpaid when due, together with interest and late charges set forth in
Section 9 of this Article V and all costs of collection, including reasonable attorney's fees, shall
be a charge against and, a continuing lien upon the Lot against which such assessment is made.
Each such assessment or charge, together with interest and costs of collection, including
reasonable attorneys' fees, shall also be the personal or corporate obligation of the person(s),
firms) or corporation(s) owning such Lot at the time when the assessment fell due, but such
personal obligation shall not be imposed upon such Ownefs successors in title unless expressly
assumed by there. Although unpaid assessments and charges are not the personal obligation of
such Owner's successors in title unless expressly assumed by them, the unpaid assessments and
charges shall continue to be a lien upon the Lot against which the assessment or charge was
made.
It is the intent of the Declarant that any monetary fines imposed against an Owner
pursuant to the Bylaws of the Association or Section 7 of Article XII of this Declaration shall
constitute a lien against the Lot of such Owner to the same extent as if such fine were an
assessment against such Lot.
&g6fion 2. Pmgoses_of Assessments. The assessments levied by the Association shall be
used exclusively to promote the recreation, health, safety and welfare of the residents of the
Subdivision and, in particular, for. (i) acquisition, improvement and maintenance of properties,
services and facilities related to the use and enjoyment of the Common Area; (ii) repair and
reconstruction of improvements on the Common Area, including. without limitation, the cost of
repair, replacement and additions thereto and the cost of labor, equipment, materials,
management and supervision thereof, (iii) payment of taxes and public assessments levied
against the Common Area owned by the Association in fee; (iv) procurcment and maintenance of
insurance in accordance with the Section 4(c) of Article IV of this Declaration; (v) employment
of attomeys, accountants and other persons or firms to represent the Association when necessary;
(vi) payment of principal and interest on funds borrowed for Association purposes; (viii) lawn
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care (mowing, edging, weeding of planting beds,, fertilization. weed control, application
of pine straw to the planting beds and any such lawn care as deemed desirable by the Board of
Directors) of the Common Area; and (ix) such other needs as may arise.
Section 3. Annual Assessments.
(a) Annua)assessment. Declarant shall establish the Annual Assessment for Class A
Lots. Until December 31, 2006 the Annual Assessment shall be $100.00 for each Class A Lot.
The Annual Assessment may be increased by the Board of Directors effective January 1
of each year without a vote of the Members, but subject to the limitation that the percentage of
any such increase shall not exceed 10'/6 of the Maximum Annual Assessment for the previous
year unless such increase is approved as set forth in Section 3(b), below.
From and after Class B Lots cease to exist, the Maximum Annual Assessment for Class A
Dots may be increased without limitation if such increase is approved by a majority of the votes
cast, in person or by proxy, at a meeting duly called for that purpose.
(b) Annual Assessments. Rgti&92n of Buds ets. For so long as a Class B Lot(s) exists,
the Board of Directors, in its sole discretion, shall have the authority to adopt an annual budget.
After Class B Lots cease to exist, the Board of Directors shall adopt a proposed budget
(including the proposed Annual Assessment for Class A Lots) at least annually. Within 30 days
after adoption of the proposed budget, the Board of Directors shall send a copy of the proposed
budget and shall give written notice to the Members of a meeting of the Members to consider
ratification of the budget, such meeting to be held not sooner than 10 days nor more than 60 days
after the mailing of such notice. Such meeting may, but need not be, combined with the annual
meeting of the Members. Except as required by Section 7 below, there shall be no requirement
that a quorum be present in order to vote on ratification of the budget (although a quorum must
be present to vote on other matters). The budget shall be deemed ratified unless at that meeting
Members having a majority of the votes of the entire membership vote to reject the budget.
Notwithstanding the foregoing, if the budget provides for annual assessments not greater they
l0% larger than the assessment in effect for the immediately preceding year, such budget shall
be deemed ratified unless Members having at least 80% of the votes of the entire membership
vote to reject the budget. If the proposed budget is rejected, the budget last ratified by the
Members shall be continued until such time as the Members ratify a subsequent budget proposed
by the Board.
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Any Annual Assessment ratified by the Members shall continue thereafter from year to
year as the Annual Assessment until changed by the Board and ratified by the Members as set
forth herein.
Section 4. Special Assessments. In addition to the annual assessments authorized above,
the Association may levy, in any assessment year, special assessments for the purpose of
defiraying, in whole or in part, the cost of any construction, repair or replacement of a capital
improvement on the Common Area, including fixtures and personal property related thereto, for
repayment of indebtedness and interest thereon, or for any other purpose, provided that any such
assessment small have the same assent of the Members as provided in Section 3(b) of this Article.
Section S. Assessment Rate: Collection Period. Except as provided in Section 6 of this
Article V. the annual and special assessments shall be fixed at a uniform rate for all Lots within
each subclass of Lots and may be collected on a yearly, semi-annually. quarterly or monthly
basis, as determined by the Board of Directors.
Soctipn 6. Declamfs and Builder's Assessments. Notwithstanding any other provision of
this Declaration, the Articles of Incorporation or the Bylaws of the Association, the Declarant
shall not be obligated for, nor subject to, any annual or special assessment for any Lot or other
property that it owns within the Properties, provided, however, that the Declarant shall be
responsible for paying for each Lot owned by the Declarant which contains a Dwelling for
which a certificate of occupancy has been issued, an assessment equal to the annual assessment
in effect for Class A Lots, as the same may change from time to time, computed on a 365 day
year and prorated for the number of days from the date of the issuance of the certificate of
occupancy until the sale of such Lot. Upon safe of nub Lot by Declarant to any other person or
entity, such Lot shall be assessed at Class A rate, commencing on the first day of the month after
title to such Lot is transferred to such third party. Notwithstanding any other provision of this
Declaration, a Lot owned by the Declarant which contains a Dwelling occupied as a residence
(but not as a model or sales center) shall be assessed at the rate applicable to Class A Lots.
Section 7. Noticesand Quorum for any ,Action Authwrized Under Sectigns 3(a) and 4.
After Class B lots cease to exist, written notice of any meeting called for the purpose of taking
any action authorized under Section 3(a) or 4 shall be sent to all Members not less than fifteen
(IS) days nor more than thirty (30) days prior to the meeting. At such meeting, the presence of
Members, in person or by proxy, entitled to cast sixty (60a/) percent of the votes of the entire
membership shall constitute a quorum. If the required quorum is not present, another meeting
may be called subject to the same notice requirements, and if called for a date not later than sixty
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(60) days after the date of the first meeting, the required quorum at the subsequent
meeting shall be one-half (%) of the required quorum at the preceding meeting.
Section Date of Commencement of Annual Assessments: Amount of Subseauent
Annual Assessments: Certificate of Payment. Unless a different oornmencement date is set by the
Board of Directors, the Annual Assessments provided for herein shall commence as to all Lots in
any phase on the first day of the month following the conveyance of a Lot or Unit within that
phase to an Owner other than the Declarant or a Builder and shall be prorated according to the
number of months remaining in the calendar year.
At least thirty (30) days before January 1 of each year, the Board of Directors shall fix the
amount of the annual assessment against each Lot. At least fifteen (15) days before January 1 of
each year, the Board of Directors sball send written notice of such assessment to every Owner
subject thereto. The due dates for the payment of annual and special assessments shall be
established by the Board of Directors.
The Association shall, upon demand, and for such. reasonable charge as the Board of
Directors may determine, furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specified Lot have been paid. If such certificate states that an
assessment has been paid, such certificate shall be conclusive evidence of payment.
Section 9. Effect of Nonoayment of Assessments: Remedies. An assessment not paid
within ten (10) days after the due dote shall incur such late charge as the Board of Directors may
from time to time establish, and, if not paid within thirty (30) days after the due date; shall also
bear interest from the due date at the rate of eighteen percent (18%) per annum or the highest rate
allowed by law, whichever is less. The Association may bring an action at law or in equity
against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot
for which such assessment is due. Interest, late payment charges, reasonable attorneys' fees, and
the costs of such action or foreclosure shall be added to the amount of such assessment. No
Owner may waive or otherwise escape liability for the assessments provided for herein by non-
use of the Common Area or by abandonment of his Lot.
Section I0. Subordinoion of ibe Lien to_Mortaage The liens provided for herein shall
be subordinate to the lien of any first mortgage or first mortgage on a Lot. Sale or transfer of a
Lot shall not affect any assessment lien; however, the sale or transfer of a Lot pursuant to
foreclosure of a first mortgage, or any proceeding in lieu of foreclosure thereof, shall extinguish
the lien of any assessment which became due prior to the date of such conveyance. No such sale
or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or
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from the lien thereof, but the liens provided for herein shall continue to be subordinate to
the lien of any first mortgage.
Section 11. initial QMjtal Contribution. At the time of dosing of each sale of a
Dwelling including the initial We of same, the sum of S 100.00 shall be collected from the
purchaser of such Dwelling and transferred to the Association as part of its working capital. The
purpose of such working capital contributions is to ensure that the Association will have
adequate cash available to meet unforeseen expenditures or to acquire additional equipment or
services deemed by the Board of Directors to be necessary or desirable. Amounts paid to
pursuant to this Section shall not be considered as an advance payment of any regular or special
assessment.
Section I I Ae npt Prppgty. All property dedicated to and accepted by a public
authority and all property owned by a charitable or non-profit organization exempt from taxation
by the laws of the State of North Carolina shall be exempt from the assessments created herein.
Notwithstanding the foregoing, no land or improvements devoted to dwelling use shall be
exempt from said assessments.
ARTICLE VI
RIGHTS OF LENDERS
Section 1. Books and_Aecords. Any owner or holder of a first mortgage on any Lot, or its
agent, shall have the right, during normal business hours, to examine copies of this Declaration.
the Articles of Incorporation, Bylaws, and the books and records of the Association and, upon
written request to the Association, to receive a copy of the financial statement for the
immediately preceding fiscal year.
Section 2. Notice to Lenders. After Class B Lots cease to exist and upon written request
to the Association, the owner or holder of a first mortgage on any Lot shall be entitled to tamely
written notice of -
(a) Any 60-day delinquency in the payment of assessments or cbarges owed by the
Owner of the Lot securing its loan.
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(b) A lapse, cancellation, or material modification of any insurance policy or fidelity
bond maintained by the Association.
(c) Any proposed action that requires the consent of a specified percentage of owners or
holders of first mortgages on the Lots.
Ste. Approval of Ownm and Holders of First Morin . After Glass B Lots cease
to exist, unless at least seventy-five percent (75%) of the owners and holders of the first
mortgages on Lots located within the Properties have given their prior written approval, the
Association shall not:
(a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer
any real estate or improvements thereon which are owned, directly or indirectly, by the
Association. The granting of easements for utilities or other purposes shall not be deemed a
transfer within the meaning of this subsection. Nothing herein shall be deemed to prohibit the
Association fiem exchanging Common Area for other real property of like utility and value as
provided in Section 1(c) of Article N of this Declaration, or to require the approval of such
exchange by the holders of first mortgages on the Lots;
(b) Change the method of determining the obligations, assessments, dues or other
charges which may be levied against a Lot;
(c) Fail to maintain hazard insuranee'on insurable improvements on the Common Area
on a current replacement cost basis in an amount not less than one hundred percent (IW16) of the
insurable value; or
(d) Use the proceeds of any hazard insurance policy covering losses to any part of the
Common Area for other than the repair, replacement or reconstruction of the damaged
improvements.
Section . Payment of Taxes and Insurance Premiums. The owners or holders of first
mortgages on Lots, jointly or singly, may pay taxes or other charges which are in default and
which have or may become a charge or lien against any of the Common Area and may pay
overdue premiums on hazard insurance policies or secure new hazard insurance coverage upon
the lapse of a policy covering property owned by the Association. The persons, firms or
corporations making such payments shall be owed immediate reimbursement therefor by the
Association.
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ARTICLE VU
EASEM EM
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Section 1. Access and Utility Fasements. Easements for the installation and maintenance
of driveways, walkways, water, gas, telephone, cable television and electric power transmission
lines, sanitary sewer and storm water drainage facilities, and for other public utility installations
are reserved as shown on the recorded plats of the Properties. The Association may reserve or
grant easements over the Common Area as provided in Article IV, Section I(c), of this
Declaration. Within any such easement herein provided, no structure, planting or other material
shall be placed or permitted to remain which may interfere with the installation or maintenance
of the utilities installed thereon, or which may change the direction of flow or drainage of water
through drainage pipes or channels constructed in such easements.
For a period of thirty (30) years from the date hereof, Declarant reserves, for itself and its
employees, agents, successors and assigns, an easement upon and a right of ingress, egress and
regress on, over and under the Properties for the purposes of constructing and maintaining water,
sewer, gas, storm water drainage and retention, telephone, cable television, and electric, and
other utility facilities to the extent required by any applicable governmental entity or deemed by
the Declarant to be necessary or convenient for the development, use and enjoyment of the
Properties and the Common Area and for the conduct of construction, sales and marketing
activities. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any
gradings of the soil or take any other similar action that it deems reasonably necessary or
appropriate. After such action has been completed, Declarant shall grade and seed the affected
property and otherwise restore the affected property to its original condition to the extent
practicable, but shall not be required to replace any trees, bashes or shrubbery necessarily
removed. Declarant shall give reasonable notice of its intent to take such action to each Owner
whose Lot is affected.
Section 2. Easements for Dovemnental Ate. An easement is hereby eatablished over
the Common Area and every Lot within the Properties for the benefit of applicable governmental
agencies for installing, removing, and reading water meters, maintaining and replacing water and
sewer facilities, and acting for other purposes consistent with public safety and welfare,
including, without limitation, law enforcement, fire protection, garbage collection and the
delivery of mail.
egLa t and Rilghl gi Engy for Rqfflk, Maintenance and
Reoapstruction. If any Dwelling is located closer than five (S) feet fi-om its Lot tine, the Owner
thereof shall have a perpetual access easement over the adjoining Lot to the extent reasonably
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necessary to perform repair, maintenance or reconstruction of such Dwelling. Such work
shall be done expeditiously and, upon completion of the work, the Owner shall restore the
adjoining Lot to as nearly the same condition as that which existed prior to the commencement
of the work as is reasonably practicable. No fence shall be erected within such area adjoining a
Dwelling.
Section 4. Association's Easement and -Right of Entry. The Association, for itself and its
employees, agents, contractors, subcontractors and invitees, shall have a perpetual access
easement over the each Lot to the extent reasonably necessary to perform the maintenance to be
performed by the Association.
Section . Easement Over Common Area. An perpetual, non-exclusive easement over the
Common Area is hereby granted to each Lot and its Owners, fancily members and tenants of
such Owners, the occupants of such Lot, and guests and invitees of such Owners, tenants or
occupants, for the purpose of providing access, ingress and egress to and from streets, parking
areas and walkways serving the Properties.
ARTICLE VM
ARCHITECTURAL CONTROL
Section 1.Arch' ,e�i �4_prtarQ�►al. The Declarant shall have the sole and absolute right
to determine the style and appearance of the Dwellings, including, but not limited to, flags, flag
poles, flag staffs, fences, walls, buildings, outbuildings, garages, storage sheds, mailboxes, lawn
decorations, structures of any type or color thereof, grading, landscaping, patio covers and
trellises, plans for off-street parking of vehicles and utility layout; and any other improvements to
be built or constructed on any Lot (hereinafter individually and collectively referred to as
-"Improvements").
After occupancy of a Dwelling as a residence pursuant to a certificate of occupancy or
other similar certificate issued by the appropriate governmental authority, no Improvements
(`including, without limitation, replacement of any previously existing Improvements) shall be
c:ommenred, erected or maintained upon the Properties, nor shall any exterior addition to or
change or alteration thereof be made (including, without limitation, changing materials or color
of any exterior portion of any such Improvements), nor shall a building permit for such
Improvements or change be applied for or obtained, until plans and specifications showing the
nature, kind, shape, heights, materials, color and location of same shall have been submitted to
and approved in writing by the Association or by an Architectural Review Committee ("ARC")
composed of three or more persons appointed by the Board of Directors of the Association. If the
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Association or its designee fails to approve or disapprove such proposed Improvements
within 60 days after complete plans and specifications have been received by it, approval will not
be required, and this Article shall be deemed to have been complied with. The Association shall
have the right to charge a reasonable fee for receiving and processing each application.
The Declarant and, after the Declarant no longer owns any Lot or Unit within the
Properties, the Association, shall have the right to promulgate and from time to time amend
written architectural standards and construction specifications (hereinafter the "Architectural
Guidelines") which may establish, define and expressly limit the standards and specifications
which will be approved, including, but not limited to, architectural style, exterior color or finish,
roofing material, siding material, driveway material, landscape design and construction
technique. Neither the Association nor the ARC shall approve any Improvements which it
determines, in its sole discretion, not to be in harmony of external desigq construction and/or
location in relation to the surrounding structures, topography or the general plan of development
of the Subdivision.
Neither the Declarant, the Association, the Board of Directors, the ARC, nor any member
or employee of any of them, shall have any liability to any person or entity by reason of any acts
taken or omitted by them, or any of them, in good faith pursuant to this Article.
Section 2. Rules and Re s atio . The ARC may from time to time recommend to the
Board, and the Board may, in its sole discretion, adopt, promulgate, amend and repeal rules and
regulations interpreting and implementing the provisions of this Article V1I1, including adoption
of detailed architectural guidelines and the imposition of a fee or charge for review of proposed
improvements or modifications.
Section 2. Variances, The ARC may recommend to the Board, and the Board may, by
the vote or written consent of a majority of the members thereof, allow reasonable variances as
to the covenants, conditions or restrictions contained in this Declaration, on such terms and
conditions as it shall require; provided, however, that all such variances shall be in keeping with
the general plan for the improvement and development of the Property. Variances contained in
plans that are inadvertently approved by the ARC as part of the proposed improvements shall riot
be considered as having been approved unless specifically approved by the Board in accordance
with the provisions of this Section.
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ARTICLE X
RIGHTS AND RESPONSIBILITIES OF THE ASSOCIATION
Soction I . Responsibilities. Ile Association, subject to the rights of the Owner set forth
in this Declaration, shall be responsible for the exclusive management and control of the
Common Area and shall keep the Common Area in good, clean and proper condition, order and
repair. The Association shall be responsible for the payment of all costs, charges and expenses
incurred in connection with the operation, administration and management of the Common Area
and the performance of its other obligations hereunder. The Association shall operate and
maintain areas designated by the Declarant as Common Areas, whether or not title to such areas
has been formally conveyed to the Association. The Association shall also be responsible for
enforcement of the covenants and restrictions contained in this Declaration.
Section an er The Association may employ and pay for the services of a person or
entity, including the Declarant (the "Manager"), to assist the Association in managing its affairs
and carrying out its responsibilities hereunder and such other persons or entities, including
attomeye and accountants, as the Association deems necessary or advisable, whether such
persons or entities are engaged, furnished of employed by the Manager or directly by the
Association. The Association may enter into a Management Agreement for such management
services upon such terns as the Board of Directors may deem appropriate. The payment of
management fees due to the Declarant may, at Declarant's option, be deferred until such later
date as Declarant, in its sole discretion, deem appropriate. Furthermore, any management fees
due to Declarant may, at Declarant's option, be credited against any assessments due or to be
corning due from the Declarant.
Sec on 3 PasoM EMR= for Corrimpa Use. The Association may acquire and hold
tangible and intangible personal property and may dispose of the same by We or otherwise,
subject to such restrictions, if any, as may from time to time by provided in the Articles of
Incorporation or Bylaws of the Association.
Section 4. Insumce:Bonds. The Association shall procure and maintain adequate
liability insurance covering the Association. 'Ile Association shall also procure and maintain full
replacement value hazard insurance on real and personal properly owned by the Association, and
shall procure and maintain officers', directors' and employees' liability insurance, and such other
insurance as it deems necessary or advisable. The premiums -for such insurance shall be a
conunon expense paid from the annual assessments provided in Article V of this Declaration.
The Association may cause any or all persons responsible for collecting and disbursing monies
of the Association to be bonded.
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Section S. implied Rights. The Association may exercise any other right or privilege and
take any action authorized by this Declaration, the Association's Articles or Bylaws, or the North
Carolina Planned Community Act (Chapter 47F of the North Carolina General Statutes), or the
North Carolina Nonprofit Corporation Act (Chapter SSA), as from time to time amended, and
every other right or privilege reasonably necessary to effectuate the exercise of any right or
privilege or the taking of any action authorized herein or therein.
Secxi9q_6. Aedargnt<�R ed Rr �Ams4 IJioon's ggligation of Cooperation. The
Association shall accept conveyance afany Common Area conveyed to it, in fee or by eament,
by Declarant or, at the request of Declarant, by an owner of any property within or to be annexed
into the Properties and, upon request of Declarant and without further consideration, shall
execute any document necessary to evidence such acceptance.
Until such time as Declarant and Builders have completed all of the contemplated
improvements and have sold all of the Lots within the Subdivision:
(a) Declarant shall have the right to alter the boundaries of the Common Area, whether or
not it has been previously deeded to the Association, provided that such alteration does not
substantially, materially and adversely affect the function and use of the Common Area. The
Association and each Owner hereby irrevocably appoints the Declarant as his attorney -in -fact to
execute and/or deliver any documents, plats, deeds, or other written matters necessary or
convenient to accomplish the addition of Common Area or Properties, or both, to create
easements as deemed necessary by Declarant, and to adjure the boundary or boundaries of the
Common Area.
(b) Neither the Association nor its Members, nor the use of the Common Area by the
Association and its Members, shall interfere with or impede the completion of the improvements
or the marketing and sale by the Declarant and the Builder of Lots and homes.
(c) Declarant and each Builder shall have the right to make such use of Lots and the
Common Area as may facilitate completion of development and sale of Lots and Units by the
Declarant and the Builder. Without limiting the foregoing, Declarant shall have the right to
maintain or permit the Builder or others to maintain sales offices, model Dwellings and Units,
administrative offices, and construction offices (which may be trailers or temporary or
permanent buildings), or any or all of same, on Lots or the Common Area Declarant and the
Builder shah also have the right to erect and maintain signs on Lots and/or the Common Area, to
bring prospoctive purchasers upon the Common Area, to -use the Common Area for sales and
marketing activities for the Subdivision, to grant the right to use the Common Area to a
prospective purchasers or any other individual or group, in Declarant's sole discretion, and to
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conduct any and aH other marketing activities deemed appropriate by the Declarant, and
to permit the Builder and others to exercise such rights in conjunction with or separate from the
Declarant.
(d) Subject to the provisions of Section 1(d) of Article IV of this Declaration, Declarant
shall have the right, but not the obligation, to loan money to the Association in such amounts and
upon such terms and conditions as to which the Declarant may agree. Payments due to the
Declarant under any such loans may, at Declarants option, be credited against any assessments
coming due at any time from the Declarant.
(c) In addition to all other rights of the Declarant, no amendment sha11 be :Dade to this
Declaration, and no rule or regulation shall be adopted, interpreted or enforced by the
Association, so as to modify the assessments or other charges applicable to the Declarant or a
Builder or assessed against the Trots owned by either, or which shall restrict, impair, or, in
Declarants sole judgment, materially adversely affect the activities of the Declarant or the
Builder with regard to construction, use of Common Area and delegation of the right to use the
Common Area, or the marketing and sale of Lots by the Declarant and Builder, whether or not
such activities are enumerated in the preceding paragraphs, without the express prior written
consent of Declarant.
In exercising any of the rights provided or granted under this Article X, neither Declarant,
nor the Association shall revoke, modify or amend this Declaration in a manner that reduces the
size of the Common Area to less than, the area required by the appropriate governmental
authority as of the date of this Declaration.
ARTICLE X1
USE RESTRI IONS
Section 1. Business Use Prohibited. No trade, business, profession or other type of
cornmer+cial activity shall be carried on upon any hot, except that the Declarant, the Builder, real
estate brokers, Owners and their agents may show Lots for sale or lease. Notwithstanding the
foregoing, the Declarant and each Builder and the agents and employees of each, shall have the
right to: (i) use Lots and improvements erected thereon for sales offices, field construction
offices, storage facilities, and its own general business offices: (ii) maintain fluorescent -lighted
or spot -lighted model homes which may be open to the public for inspection 7 days per week for
such hours as the Declarant or Builder deems appropriate or necessary; (iii) conduct any other
activities on Lets to benefit sales efforts; and (iv) use the parking facilities on the Common Area
for parking for its employees and invitees.
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fttop 2. Use of Accesso[I Stnxxures. No tent, shack, barn, car port, metal awnings,
metal utility sheds or other building, other than a Dwelling and its garage; shall be erected on a
Lot, and used temporarily or permanently as a residence, nor shall any such structure be used for
any other purpose. Notwithstanding the foregoing, the Declarant and, with the approval of the
Declarant, a Builder, may use temporary buildings, offices or facilities in connection with the
marketing, sale and construction of Units.
Sgchon 3. Wntenance of Improvements Each Owner shall maintain in good condition
and repair all improvements constructed upon such Ownees Lot, including, without limitation,
the Dwelling. No Owner shall change the exterior design or color of the Dwelling on such
Owners Lot, including the roof thereof, except in compliance with Article VM hereof.
Section 4. Storatg Clothes H_anginn. No Lot or Common Area shall be used for the
storage of rubbish. Outside clothes hanging devices small not be permitted.
Section-5. Nuisances. No noxious or offensive trade or activity shall be carried on upon
any Lot or the Common Area, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborhood. No automobile or other vehicle mechanical repairs
or like activity shall be conducted within the Properties other than in a gamga and concealed
from public view.
Section 6. Lawns and_ Lawn lulaintetnance. Each Lot on which there is a completed
Dwelling shall be maintained in a neat condition by the Owner thereof. In this context, the word
"Lot" shall include that portion of the property from the outside of the structure on the applicable
Lot to the adjacent paved road surface. "Neat" shall require, at a minimum, that the lawn be
regularly cut and fertilized and that mulched areas be regularly re -mulched and kept weeded so
that its appearance is in harmony with the neighborhood. No Owner shall allow the grass on a
Lot to grow to a height in excess of six (6) inches, measured from the surface of the ground. All
improved Lots must have grass lawns; no gravel or similar type lawns are permitted.
In the event that the need for maintenance, repair or replacement of the lawns is caused by the
willful or negligent act of the Lot owner, his family or invitees, and specifically the failure to
water the lawn, the cost of such maintenance, repair or replacement shall be added to and
become a part of the assessment to which Lot is subject.
Section 7. Failure to Maintain. If an Owner fails to maintain the Lot or the improvements
thereon, the Association, after giving such Owner at least ten (10) days' written notice, shall be
authorized to undertake such maintenance at the Owner's expense. By accepting title to his Lot,
each Owner shall be deemed to grant access upon the Owner's Lot and Dwelling for such
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purpose and such entry shall not constitute a trespass. If such maintenance is undertaken
by the Association or Declarant, the charge therefor and all costs of enforcement and collection
shall be secured by a lien against the Lot as provided in Article V hereof.
Section 8. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or
kept on any Lot, except that a reasonable number of cats, dogs, and other household pets may be
kept provided they are kept within the residence or within an enclosed area concealed from
public view and are not kept, bred, or maintained for any commercial purposes or become a
nuisance to the neighborhood. No person owning or having custody of an animal shall allow the
animal to stray or go upon another Owner's lot without the consent of such other Owner. No
animals shall be permitted on or in the Common Area at any time except as permitted by the
rules and regulations of the Association or by applicable law. All animals shall be on a leash
when outside the Owner's Dwelling, The Owner shall be responsible for cleaning all droppings
from their animals. The association shall have the right to expel animals from the community for
the Owners continuing violation(s) of the governing documents.
EMfionj% SiM. No signs shall be displayed on any Lot with the exception of one "For
Sale" or "For Rent" sign not exceeding 36" x 24" in size and signs with the maximum
dimensions of 24 inches by 24 inches expressing support of or opposition to political candidates
or other issues which will appear on the ballot of a primary, general or special election, provided
that such political signs shall not be placed on a Lot earlier than forty-five (45) days before such
election and shall be removed within seven (n days after such election. The Association may
develop uniform sign standards and specifications to which all Owners must adhere. No sign of
any kind shall be displayed in or on the Common Area without the prior written consent of the
Association. Notwithstanding the foregoing, Declarant and, with the consent of and upon such
conditions as Declarant, in its sole discretion, might impose, a Builder shall have the right to
erect and maintain signs of any type and size on any Lot which it owns and on the Common
Area, in connection with the development and sale of the Properties.
Section 10. Water Retc n�on.'Me Association shall be responsible for maintaining
the portions of the storm water drainage system which are within the Common Area, including
the water quality and quantity standards of the approved plans, to the extent required by law. A
drainage easement is hcreby dedicated to the Association for the purpose of maintaining the
storm water system to meet water quality and quantity design standards of the approved plans
and any future governmental laws, rules or regulations.
Each Owner of a Lot which borders a water retention area shall maintain any portion of
that Owner's Lot lying within a retention area free of debris but shall not remove any wetlands
species or do anything that would affect adversely water quality within the water retention area
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4541 F449
Swimming and bathing in water retention areas are prohibited. Docks or other structures
shall not be erected in water retention areas without the prior written consent of the Association.
All other uses of water retention areas shall be subject to the prior written approval of the
Association and such rules and regulations as the Association may adopt from time to time.
aggfion 11. V cles Bqgg Md Trqtt M. No vehicle of any kind shall be parked on any
Lot except on a paved parking surface or driveway or within a garage. No truck or vehicle used
primarily for commercial purposes (other than those temporarily present on business) and no
rec reafional vehicles or campers, and no trailer may be parked within the Properties. Any
vehicle not in operable condition and validly licensed, may be kept on a Lot if kept inside a
garage and concealed from public view. Boats and boat trailers may be kept on a Lot if kept
inside a garage or within a fenced area if concealed from public view. For the purpose of the
preceding sentence, the term "kept" shall mean present for either a period of more than forty-
eight (48) hours. The Association shall have the right to tow or remove any boat, trailer, or
vehicle of any type which is parked within the Prernises or kept on any Lot in violation of this
section, at the owner's expense, and the owner of each Lot, by acceptance of their deed, does
grant to the Association such an casement on, across, and upon their Lot as may be necessary to
enforce the provisions set out in this section.
Sggfion 2 Wads. Fences and Hedges. AD walls, fences, planters and hedges shall be
controlled strictly for compliance with this Declaration and architectural standards established by
the Declarant or the ARC.
No wall, fence, planter or hedge shall be erected or maintained on a side lot line forward
of the rear exterior corners of the main residential structure located on a lot. For the purpose of
this provision the sear exterior corner of the main residential structure excludes bay or box
windows, chimney structures or any other similar appendage.
No perimeter wall, fence, or hedge in excess of six (6) feet in height shall be erected and
maintained on a side lot line from it point located at the rear of exterior of the main residential
structure, backward to the rear property line on a Lot and along the rear property line of the Lot.
On corner lots, side yard fences must be set back from the side property line a minimum
of one-half (1/2) of the side building line setback shown on the plat. In no event shall the fence
be located forward of the rear exterior comer of the main residential structure.
The design and materials. of all fences shall be approved by the ARC prior to construction
pursuant to the approval requirements of Article VM, Section 1, of this Declaration.
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Section 13. Antennae and Roof StrugM. No radio or other electrical towers, aerials,
antennae, , or other devices of any type for the reception or transmission of radio broadcasts or
other means of communication shall be erected, constructed, placed or permitted to remain on
any Lot or upon any improvements thereon, except that this prohibition shall not apply to those
antennae specifically covered by 37 C.F.R. Part 1, Subpart S, Section 1.4000 (or any successor
provision) promulgated under the Telecommunications Act of 1996, as amended from time to
time. The Association shall be empowered to adopt rules governing the types of antennae that are
permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to
safety, location and maintenance of antennae.
An antenna permissible pursuant to rules adopted by the Association may be installed
only if it is approved by the Association pursuant to Article VIII hereof.
echo 4 VimW Obstructions at uric Intersections of Public Streets. No object or thing
which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways
within the triangular area formed by the junction of street curb lines and a line connecting them
at points twenty-five (25) feet from the junction of the street curb lines (or extensions thereof)
small be placed, planted or permitted to remain on any comer lots.
Section IS. Leased Knits. An Owner may lease or sublet his Unit; provided, however,
that any lease or sublease must be for at least six (6) months, in writing and contain the following
Provision:
"Tenant shall obey, adhere to and be bound by all provisions of the Declaration Of
Covenants, Conditions And Restrictions For the Lynnwood Highlands Community, recorded in
the applicable public registry for Craven County, North Carolina. Tenant aclarowledges that he
has received of a copy such Declaration -and the rules and regulations of the Association and is
familiar with the provisions ofsarrre."
If an Owner fails to include said provision is any lease or sublease, it shall be
conclusively deemed to be included and part of said lease or sublease. Owner shall fimiish the
Association a copy of any leases or subleases of his Unit.
Section 16, lntentionallOmitted
Soctign 17. Attached Gggges. All Units constructed within the Properties shall contain
an enclosed garage that is permanently attached to and part of the Unit and such garage shall be
large enough to accommodate at least one automobile.
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Section-18, SgMngl gr Holift DftoMdons (e.g., Christmas trees and lights,
pumpkins. Easter decorations) shall be removed from each Lot or residential dwelling within a
reasonable period of time after such holiday passes. The ARC has the sole discretion to
determine what is a reasonable period of time for seasonal or holiday decorations to exist after
the holiday passes and its determination shall be final.
Sgction 19• Deviations. Declarant at its sole discretion, is hereby permitted to approve
deviations to restrictions in Article XI in instances where in its judgment, such deviation will not
adversely affect the development of the Property as a whole. Such approvals must be granted in
writing and when given will automatically amend these restrictions for that certain Lot only.
Section 20. Window Cove:rin . All drapes, curtains or other similar materials hung at
windows so as to be visible from outside the home shall be of a white or neutral background
material.
Section2j. Egg o Liglft All light bulbs or other lights installed in any fixture located
on the exterior of any building or any Sites shall be clear, white or non -hosted lights or bulbs.
Light wattage and placement shall be approved by the Architectural Control Boatel.
Section 22. Service Utilities. Fret Tanks, Wood Piles,' asl . All service utilities, fuel
tanks, wood piles and trash and garbage containers are to be enclosed within a fence, wall or
plant screen of a type and size approved by the Declarant or the Architectural Control
Committoo, so as to predicts the some from causing an unsightly view from any highway, street
or way within the subdivision, or from any other residence within the subdivision.
Sectio 2 . t'tiubside Maintenance, Each lot owner shall have a duty and obligation to
maintain the roadside curbing along the front of their lot, and in the case of corner lots, along the
side abutting roadways, in the same condition as originally installed by the Declarant. In the
event any lot owner shall fail to do so, then the provisions set out in Article XI, Section 7 dealing
with failure to maintain shall apply. provided, however, that if the Declarant still owns property
in the Paramore development, whether a developed lot or lots, or a tract or tracts of land for
future development, the Declarant shall have the option of repairing or replacing damaged
curbing to its original condition, and the cost of such repairs or replacement shall constitute a
lien in favor of the Declarant against the lot adjacent to where the repairs or replacements were
effected.
Section 24. Flag. The design, materials and location of all flags, flag poles, flag staffs,
shall be approved by the ARC prior to installation or display pursuant to the approval
requirements of Article VIII, Section 1, of this Declaration.
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Section_25. Garage -Doors. Garage doors shall remain closed at all time except when
necessary for ingress and egress.
Section 26. Stormwater ftuirements. The following restrictions are set forth verbatim
as required by the State of North Carolina.
(a) The following covenants are intended to insure ongoing compliance with State
Stormwater Management Permit Number SW7051026, as issued by the Division of Water
Quality ender NCAH 2H.1000.
(b) The Static 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 consemt 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.
(0 The maximum built -upon area per lot is 3,200 square feet for Lots 101 through
173 and 4,300 square feet for Lots 201 through 308. These allotted amounts include any built -
upon area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Build -upon areas includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools.
(g) Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is prohibited by any
pins-
(h) Filling in, piping or altering any designated 5:1 curb outlet swale or vegetated
area associated with the development is prohibited by any persons,
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(i) A 30' vegetated buffer must be maintained between all built -upon area and the
Mean High Water line of surface waters. All roof drains shall terminate at least 30' from the
Mean High Water mark.
a) Each designated curb outlet swale shown on the approved plan must be
maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a
longitudinal slope no steeper than S%, carry the flow from a 10 year storm in a non -erosive
manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a
recorded drainage easement.
ARTICLE XII
GENERAL PROVISIONS
Sectionl. E-ofo cement. The Association or any Owner shall have the right to enforce, by
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the
Association or an Owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter. Further, the Board of Directors shall have the
right to record in the appropriatc land records a notice of violation of this Declaration or the
Bylaws of the Association, or any rules, regulations, use restrictions, or design guidelines
promulgated by the Association and to assess the cost of recording and removing such notice
against the Owner in violation of the Declaration.
Sagfion Smverability. Invalidation of anyone of these covenants or restrictions by
judgment or court order shall in no way affect any other provision, which shall remain in full
force and effect.
Section 3. Amendment. For so long as Declarant owns any Lot or Unit within the
Properties, this Declaration may be amended by the Declarant, without the consent or joinder of
any other Owner or the Association. Any such amendment shall be effective upon recording of
same in the applicable public registry for Craven County, North Carolina. No amendment shall
be binding upon any Lot or Owner until fifteen (13) days after a copy of such amendment has
provided to such Owner.
The oovenaats and restrictions of this Declaration, and any amendments thereto, are
appurtenant to and shall run with and be binding upon the Properties and the Owners thereof for
a term of twenty-five (25) years from the date this Declaration is recorded, after which time they
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shall be automatically extended for successive periods of ten (10) years unless terminated
or amended by a vote of the hers as set forth below.
Subject to the provisions of Section 8(e) hereof and after Class B Lots cease to exist, this
Declaration may be amended during the first twenty-five year period by an instrument signed by
the Owners of not less than seventy-five percent (73%) of the Lots and terminated during the
first twenty-five year period by an instrument signed by the Owners of not less than eighty
percent (800/9) of the Lots, and thereafter amended by an instnnent signed by the Owners of not
less than sixty-seven percent (67%) of the Lots or terminated by an instrument signed by the
Owners of not less than eighty percent (90%) of the lots, provided, however, that so long as
there is Class B membership, no amendment adopted by the Owners shall be effective unless and
until such amendment is approved in writing by the Declarant. Amendment or termination shall
be by written instrument signed by the appropriate persons or entities and recorded in the
applicable public registry for Craven County, North Carolina, and upon recordation, shall be
binding on all Lots and Units within the Properties and the Owners the reo4 without regard to
whether the Owner of such Lot voted for or against or signed or did not sign the amc ndment.
Section 4. Interpretation. Headings used herein are for indexing purposes only and shall
not be used as a means of interpreting or construing any provision hereof. Unless the context
otherwise requires, the use herein of the singular shall include the plural and vice versa: the use
of one gender shall include all genders; and the use of the word "including' shall mean
"Including, without limitation". This Declaration and the provisions thereof shall be construed
and enforced in accordance with the laws of the State of North Carolina .
atria 5. Subdivision of Lots. No Lot within the Subdivision may be subdivided by sale
or otherwise so as to reduce the total Lot area shown on the recorded plat, except by or with the
consent of the Declarant and, if required, by the appropriate governmental authority.
Section b. Declamfs Right To Change Develotrrrtent. With the approval of the
appropriate governmaital authority, and subject only to such terms and conditions as said
authority may impost, Declarant shall have the right, without consent or approval of the Owners,
to create Lots and Units, add Common Area, and reallocate Lots or Units within the Properties.
Declarant may convert any lot or lots or any other property subject to these restrictions to use as
a roadway and road right-of-way.
SwAi.ors7. Rules and Rpalations:_Enforcement, The Board of Directors shall have the
authority to adopt additional rules and regulations governing the use of the Common Area and
the Lots within the Subdivision and shall furnish a written copy of said rules and regulations to
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the Owners) of each Lot at least fifteen (15) days before such rules and regulations
become effective.
In addition to any other rights and remedies that the Association may have under the
Bylaws and this Declaration, the Association may impose sanctions for a violation of this
Declaration, the Bylaws of the Association, the rules and regulations adopted Association, and
any restrictive covenants applicable to the Properties, in accordance with procedures set forth in
the Bylaws, which sanctions may include, without limitation, reasonable monetary fines, which
shall constitute a lien upon the Lot of the violator, and suspension of the right to vote and the
right to use the Common Area any facilities thereon.
In addition, as provided in the Bylaws, the Association may exercise self-help to cure
violations (specifically including, but not limited to, the towing of Owner and tenant vehicles
that are in violation of parking rules) and may suspend the right of an Owner to use any Cornmon
Area and recreational facility within the Properties if the Owner is more than 34 days delinquent
in paying any assessment or other charge due to the Association.
The Association shall at all tunes have the right and easement to go upon any Lot for the
purposes of exercising its rights hereunder, including, but not limited to, enforcement of the
architectural guidelines applicable to the Properties. Any entry onto any Lot for purposes of
exercising this power of self-help shall not be deemed as trespass. All remedies set forth in this
Declaration and the Bylaws shalt be cumulative of any remedies available at law or in equity. In
any action to enforce its rights and remedies, if the Association prevails, it shall be entitled to
recover all costs, including, without limitation, attorneys' fees and court costs, incurred in such
action.
The Association shall not be obligated to take action to enforce any covenant, restriction
or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent
with applicable law, or in any case in which the Board reasonably determines that the
Association's position is not strong enough to justify taking enforcement actions. Any such
determination shall not be construed as a waiver of the right to enforce such provisions under
other circumstances or to estop the Association from enforcing any other covenant, restriction or
rule.
Ski i'o 8_. Dispute Resolutigm
(a) Conseasus for Association Action.
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MEMBERS
rmape iD:00=10020ge 31 of A
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(1) Except as provided in this Section, the Association may not commence a legal
proceeding or an action under this Article without the approval of at least two-thirds of the
Members. The foregoing shall not apply to: (i) actions brought by the Association to enforce the
provisions of this Declaration, the Bylaws, or rules and regulations adopted by the Association
O=dnafier collectively referred to as the ("Governing Documents"); (H) the imposition and
collection of assessments; (iii) proceedings involving challenges to ad valorem taxation: or (w)
counterclaims brought by the Association in proceedings against it.
(2) Prior to the Association or any Member commencing any proceeding to which
Declarant is a party, including, without limitation, a proceeding based on an alleged defect in any
improvement, Declarant shall have the right to be heard by the Members, or the particular
Manber, and to have access to inspect and correct the condition of or redesign any portion of
any improvement as to which a defect is alleged or to otherwise correct or resolve the dispute.
(b) All five Method for Resolving Disputes. Declarant, its officers, directors,
ernployces and agents, the Association, its officers, directors and committee members, all
Owners, Members, any Builder, its off ce-M directors, employees and agents, and any other
person or entity not otherwise subject to this Declaration who agrees to submit to this Section 8
(each such person or entity being herein referred to as a "Bound Party" or, in groups, as the
"Bound Parties") each agrees to encourage the amicable resolution of disputes, without the
emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees
to submit those claims, grievances and disputes described in Subsection (c) hereof (herein
referred to as the "Claims") to the procedures set forth in Subsection (d) hereof
(c) Claims. Unless specifically exempted below, all Claims between any of the Bound
Parties, regardless of how such Claims aright have arisen or on what they might be based,
including, but not limited to, Claims: (i) arising out of or relating to the interpretation,
application or enforcement of the Governing Documents or the rights, obligations and duties of
any Bound Party under the Governing Documents; (ii) relating to the design and construction of
improvements; or (iii) based on any statements, representation, promises, warranties, or other
communications alleged to have been made by or on behalf of any Bound Party, shall be subject
to the provisions of Subsection (d) hereof.
Notwithstanding the foregoing, unless all parties to any such dispute otherwise agree in
writing, the following shall not be deemed to be Claims covered by this Subsection (c) and shall
not be subject to the provisions of Subsection (d):
(1) any proceeding by the Association against any Bound Party to enforce the provisions
of Article V of this Declaration:
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ex2541pal 57
(2) any proceeding by the Association or the Declarant to obtain a temporary restraining
order or injunction (or equivalent equitable relief) and such other ancillary relief as the court may
deem necessary in order to maintain the status quo and preserve the Association's or the
Declarant's ability to act under and enforce the provisions of Articles VM and M of this
Declaration;
(3) any proceeding between or among Owners, which does not include the Declarant, a
Builder, or the Association as a party, if such proceeding assorts a Claim which would constitute
a cause of action independent of the Governing Documents; or
(4) any proceeding in which no Bound Party is an indispensable party.
With the consent of all parties thereto, any dispute involving any of the foregoing
excepted actions may be submitted to the alternative dispute resolution procedures set forth in
Subsection (d).
(d) Mandatory f goures.
(1) Notim Any Bound Party having a Claim (the "Claimant") against any other Bound
Party (the "Respondent) (the Claimant and the Respondent being herein individually referred to
as a "Party" and collectively as the "Parties") shall notify each Respondent in writing (the
"Notice"). stating plainly and concisely:
(i) the nature of the Claire, including the persons or entities involved and the
Respondent's vole in the Claim:
(ii) the legal basis of the Claim (i.e., the specific provisions of the Governing
Documents or other authority out of which the Claim arises);
(iii) the proposed remedy; and
(iv) the fact that Claimant will meet with Respondent to discuss in good faith
ways to resolve the Claim.
(2) NegotiationaAdXedjgaQA.
(i) The Parties shall make every reasonable effort to meet in person and confer
for the purpose of resolving the Claim by good faith negotiation. if requested in uniting,
accompanied by a copy of the Notice, the Board of Directors of the Association may appoint a
representative to assist the Parties in their negotiations.
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maillmoillogiou
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( ii) If the Parties do not resolve the Claim within 30 days after the date of the
Notice (or within such other time period as may be agreed upon by the Parties), Claimant shall
have an additional 30 days in which to submit the Claim to mediation under the auspices of the
American Arbitration Association ("AAA") in accordance with the AAA's Commercial or
Construction Industry Mediation Rules, as appropriate.
(iii) If Claimant does not submit the Claire to mediation within such time, or does
not appear for the mediation. Claimant shall be deemed to have waived the Claim, and
Respondent shall be released and discharged from any and all liability to Claimant on account of
such Claim; provided, nothing herein shall release or discharge the Respondent from any liability
to any person or entity other than the Claimant.
(iv) Any settlement of the Claim through negotiation or mediation shall be
documented in writing and signed by the Parties. If the Parties do not settle the Claus within 30
days after submission of the matter to AAA mediation, or within such other time as may be
determined by the mediator or agreed to by the Parties, the mediator shall issue a written notice
of termination of the mediation process, which notice shall state that the Parties are at an impasse
and set forth the date that mediation was terminated (hereinafter "Termination of Mediation").
(v) Each Party shall bear its own costs of the mediation, including attorneys' fees,
and each Party shall share equally all fees and expenses of the mediator and the administrative
fees of mediation. If the Parties agree to a resolution of a Claim through negotiation or mediation
as set forth in this Subsection (d), and any Party thereafter fails to abide by the terms of the
settlement agreement; any other Party may file suit or initiate arbitration proceedings to enforce
the agreement without the need to again comply with the procedures set forth in this Subsection
(d). In such event, the Party taking action to enforce the agreement shall be entitled to recover
from the non -complying Party (or, if more than one Party is in noncompliance, from all non-
complying Parties pro rate) all costs incurred by such Party in enforcing the agreement,
including, without limitation, attorneys' fees and court costs.
(3) Binding Arbitration.
0) After Termination of Mediation, Claimant shall be entitled to submit the
Claim to final, binding arbitration under the auspices of the AAA in accordance with the AAA's
Commercial or Construction Industry Arbitration Rules, as appropriate. No Claim subject to this
Subsection (d), whether by the provisions theroof or by agreement of the Parties, shall be
submitted to or decided by or in a court of law. Any judgment upon the award entered by the
arbitrator may be entered in and enforced by a court of competent jurisdiction. If the amount
claimed by the Complainant or, by the Respondent in a counterclaim, exceeds $250,000, the
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l B11111MIM1 11
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Claim shall be beard and determined by three arbitrators. Otherwise. unless the
Parties otherwise agree, the Claim shall be beard and determined by an arbitrator. An arbitrator
shall have expertise in the areas) of the Claim, which may include legal expertise if legal issues
are involved.
00 Each Panty simall bear its oar costs of the arbitration, including attorneys'
fees, and each Party shall share equally all fees and expenses of the arbitrator and the
administrative fees of arbitration.
Notwithstanding the foregoing, if a Party unsuccessfully contests the validity or scope of
arbitration in a court of law, the non -contesting Party shall be awarded reasonable attorneys' fees
and expenses incurred in defending such contest. All decisions regarding the arbitrability of any
Claim shall be decided by the arbitrator(s).
0ii) The award of the arbitrators shall be accompanied by detailed written
findings of fact and conclusions of law. Except as required by law or for confirmation of an
award, neither a Party nor an arbitrator may disclose the existence, content, or results of any
arbitration hereunder without the prior written consent of all Parties involved in the arbitration.
(e) Amendment of Bubsection. Notwithstanding any other provision of this Declaration,
this Subsection 8 may not be amended prior to the expiration of 20 years from the date of
recording of this Declaration without the prior written consent of the Declarant.
3/22/06
(SIGNATURES ON FOLLOWING PAGE)
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�(AMM 35 of 36)
Si", Scaled and Dd-vavd in the presence of
Witness
COUNTYOF { En
MIMMIDM IRM111
IMARD to: 00MION2•89 ve:
eg2541 Poiso
DECLARAM:
By:
Nam
Title
Date
1, Sr�+f1uQ,• a Notary Public for C
0MCMU3jA, do hereby certify that
bP.rly tens the MMWA:: of N gj CIMMV111c,
LtrnR personally appeared before me this day and wjmowledged
the due execution of 1he foregoing instrument.
Witness my hand and scat this day of Dwp-mber , M_.
(SEAL) C.2,
Notary Public fordO
My commission expires:st2At"
2122006
-35-
Dw%,:2641.P&":12G

(Pago•36 of 36)
EXHIBIT A
Legal Description of Property
Image ID: ODMICOU70 Type: CRP
Pans 36 of 38
u2541poifi1
All that certain tract or parcel of land lying and being situate in Number Seven (7) Township,
Craven County, North Carolina and being more particularly described as follows:
Lots:
Being all of Lots 1-173, 201-217, 254-269 and 294-308 as shown on that certain plat of
Lynnwood Highlands, Phase One & Phase Two, recorded in Plat Cabinet H, Slides 61 E thru 61H
and in Plat Cabinet H. Slides 62A thru 62F, Craven County Registry.
Common Area:
Those tracts shown and depicted as "Common Area" on the plat of Lynnwood Highlands, Phase
One & Phase Two, recorded in Plat Cabinet H, Slides 61 E thru 61 H and in Plat Cabinet H,
Slides 62A thru 62F, Craven County Registry,
=36-
Hook:2541,PaQo:126

1!®ICDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
iMr. Lance Clark, Area 1lklanagcr
13M Clark L16mes of Grenville, 1-1_C
200 l::ast Arlington I3lvd.. Suite R
Greenville, NC 27858
Dear ti'Ir. Clark:
Division of Water Quality
Coteen H, Sullins
Director
\larch IS, 2011
Subject: Appror►'el Plan Revision
LN'nrn►'ood I-finhlan(Is
Storun►•ater Project No. SXV7051020,101)
Ct-aven Count)'
Dee Freeman
Secretary
On January 1=4. 2011, the 1Vashington Regional Office receivccl a plan revision for Stornlwater
\Janagetnent Permit Number S1V7051026tMod for Lynnwood Highlands development. The revisions include
the recombination of lots 101-103. This modification is to revert [.ot 103 to the prcviousiy permitted l3uilt
Upon area of 3,200 sf' (permitted on December 13. 2005) and revised the combination of lots 101 and 102 to
total built upon area of 10.336 sf for the total build upon area on all three lots of 13,536 sf. There is total
decrease of 1,46=4 sf in the built upon area from the 119odified permit issued on .January 27, 2009. It has been
determined that a formal permit modification is not required for the proposed changes.
Please be aware that all terms and conditions of the permit issued on January 27, 2009 remain in till]
tore( and effect. Please also understand that the approval of this revision to the approved plans for the subject
State Stormwater Permit is clone on a case -by -case basis. Any other changes to this project roast be submitted
to and approved through the Division of kVater Quality prior to construction. The issuance of this plan revision
(foes not preclude the perntittee from complying with all other applicable statutes, rules, regulations or
ordinalles wlucl] may have ,jurisdiction over the proposed activity, and obtaining a permit or approval prior to
construction.
If)ou have any questions concerning this matter, please do not hesitate to call me at [phone].
Sincerely, ._
Sanlir Dumpor
l nvironnlenta] I'Ilglncer
Surface Water Protection Section
KASMI'lan Rcvisioi0SW7051026iMod
cc: i,Bobbv 13illingsle}', PE. Thomas Engineering. PA
Craven County l3uilding Inspections
Washington IZc-ional Office:
Nartn Carolina Division of ::'a:er Ouali;p
9-3 ":asning,_n Sgaar: l.140
:ash,inr::n. `!C 21HS
Pwce 25M46,648. l F-Y: 252 a ;fi.c215
FAX: 252• *-s2i7
01W
MwdiCarolina
�/Vatlll wll'y
An FcuM Cammi, r: t - : 5,,:- -r:.na rmda.a;

C200631900030
State of North Carolina
Department of the Secretary of State
ARTICLES OF INCORPORATION
NONPROFIT CORPORATION
SOSID: 877943
Date Filed: t 1/17/2006 9:50:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C200631800030
Pursuant to §55A-2-02 of the General Statutes of North Carolina, the undersigned corporation does hereby submit these
Articles of Incorporation for the purpose of forming a nonprofit corporation.
1. The name of the corporation is: Lynwood Highlands -Community Association, Inc.
2. (Check only if applicable.) The corporation is a charitable or religious corporation as defined in NCGS
§55A-1-40(4).
The street address and county of the initial registered office of the corporation is:
Number and Street:448 Westbrooke Shopping Center
City, State, Zip Code: _-Havelock, NC 28532 _ _ _ County: Craven
The mailing address if different from the street address of the initial registered office is:
301 S Front Street,• New Bern C 28560
The name of the initial registered agent is: Bobby J. Stricklin
6. The name and address of each incorporator is as follows:
Bobby J. Stricklin
448 Westbrooke Shopping Center
Havelock, NC 28532
7. (Check either a or b below.)
a. X The corporation will have members.
b. The corporation will not have members.
8. Attached are provisions regarding the distribution of the corporation's assets upon its dissolution.
9. Any other provisions which the corporation elects to include are attached.
10. The street address and county of the principal office of the corporation is:
Number and Street 301 South Front Street
City, State, Zip Code_ New Bern. NC 28560 County Craven- _
Revised January 2000
Form N-0I
CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NC 27626-0622

C20063I NN30
.' o
l 1. The mailing address if different from the street address of the principal office is:
12. These articles will be effective upon filing, unless a later time and/or date is specified:
This is the 9'h day of November ,2006.
Type or print Incorporator's name and title, if any
NOTES:
1. Filing fee is $60. This document must be filed with the Secretary of State.
Revised January 2000 Form N-01
CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGI-I, NC 27626-0622

C200631800030
• f .
PROVISION FOR
DISTRIBUTION OF ASSETS
UPON DISSOLUTION
UPON DISSOLUTION of Lynwood Highlands Community Association, Inc., all assets
remaining after payment of any and all indebtedness shall be paid over to and/or delivered to the
entity which has been selected by the Board of Directors of Lynwood Highlands Community
Association, Inc. to manage the common area property set forth in the Declaration of Covenants
for Lynwood Highlands Community Association, Inc.

State of North Carolina
Department of the Secretary of State
ARTICLES OF AMENDMENT
NONPROFIT CORPORATION
SOSID: 0877943
Date Filed: 4122/2009 12:19:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200908301183
Pursuant to §55A-10-05 of the General Statutes of North Carolina, the undersigned corporation hereby submits the following Articles
of Amendment for the purpose of amending its Articles of incorporation.
I. The name of the corporation is: Lynwood Highlands Community Association, Inc.
2. The text of each amendment adopted is as follows (state below or attach):
Change name from Lynwood Highlands Community Association, Inc. to Lynnwood Highlands Community Association,
Inc.
The date of adoption of each amendment was as follows: March 1 , 2009
4. (Check a, b, and/or c, as applicable)
a. The amendment(s) was (were) approved by a sufficient vote of the board of directors or incorporators, and member
approval was not required because (set forth a brief explanation of wiry member approval was not
required)
The amendment(s) was (were) approved by the members as required by Chapter 55A.
C. Approval of the amendment(s) by some person or persons other than the members, the board, or the incorporators was
required pursuant to N.C.G.S. §55A-10-30, and such approval was obtained.
Revised January 2000 Form N-02
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622

5 " 'These articles will be effective upon filing, unless a date and/or time is specified:
This the -ft- day of March , 2009
Lynwood Highlands Community Association, Inc
Name o026iRration
obby 3 Stricktin, Organi2er
and Asst. Secretary
Notes:
I. Filing fee is $25. This document and one exact or conformed copy of these articles must be filed with the Secretary of Swe.
Revised January 2000 Form N-02
CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NC 27626-0622

North Carolina Department of The Secretary of State
Corporations Division
PO Box 29622
Raleigh, NC 27626-0622
LYNNWOOD HIGHLANDS COMMUNITY
ASSOCIATION, INC.
BOBBY J STRICKLIN
301 S. Front St
New Bern, NC28560
NOTIFICATION OF REVENUE SUSPENSION
Please be advised that, at the direction of the North Carolina
Department of Revenue, the entity identified on the reverse is
hereby suspended upon the records of the Department of the
Secretary of State for failure to comply with the requirements of the
Department of Revenue pursuant to N.C.G.S. § 105-230(a).
Any act performed or attempted to be performed during the period
of suspension is invalid and of no effect, unless the Secretary of
State reinstates the corporation or limited liability company
pursuant to G.S. 105 232.
In order to be reinstated, you must contact the North Carolina
Department of Revenue at [phone]. Do not contact the
Department of the Secretary of State since this office has no
authority to clear the suspension or provide related information.
Once you have corrected the deficiency, the North Carolina
Department of Revenue will take action to remove the suspension
pursuant to N.C.G.S. § 105-232.
North Carolina Department of The Secretary of State
Corporations Division

NORTH CAROLINA
Department of the Secretary of State
CERTIFICATE OF REINSTATEMENT
FROM SUSPENSION
I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby
certify that the Articles of Incorporation of
LYNNWOOD HIGHLANDS COMMUNITY ASSOCIATION, INC.
were reinstated from Department of revenue suspension pursuant to the provisions of
N.C.G.S. § 150-232 on 12th day of March, 2014. and, further, that the corporation was
thereupon again entitled to exercise its rights, privileges, and franchises in this state.
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal at the City
of Raleigh, this 13th day of March, 2014.
Scan to verify online.
Document 1d: C201407100888 Secretary of State
Verify this certificate online at www.secretary.state.nc_us/verification

5/22/2019
North Carolina Secretary of State Search Results
Addresses
Mailing
115 Regency Blvd
Greenville, NC 27834
Principal Office
301 S. Front St
Reg Mailing
301 S. Front St
New Bern, NC 28560 New Bern, NC 28560
Reg Office
448 Westbrooke Shopping Center
Havelock, NC 28532
https-./Avww.sosnc.gov/online_services/search/Business_Registration_Results 2/2

5/2212019
North Carolina Secretary of State Search Results
• Upload a PDF Filing 9 Order a Document Online • Add Entity to My Email Notification List
View Filings
Non -Profit Corporation
Legal Name
Lynnwood Highlands Community Association, Inc.
Prey Legal Name
Lynwood Highlands Community Association, Inc.
Information
Sosld: 0877943
Status: Current -Active
Annual Report Status: Not Applicable
Citizenship: Domestic
Date Formed: 11 /17/2006
Registered Agent: Stricklin, Bobby J
https:/Avww.sosnc.gov/online_services/search/Business_Registration_Results 112

5/22/2019 Craven Naps
GIS�H�Ime =Wi0i Davtirn ads Pub tc:Ir-A",
5 Please e-mail comments, sugges
Carrent as of May 14, 2019
Re �St�r�Qf:'Dee JsT A#has.
FEE INI," 0004_'_M tj ram_ a
Parcels
Identify Layer:1 Parcels •
$ i FieldName Value
Parcel ID : 7-206-6 -OOB
Owner Name:
LYNNWOODS HIGHLANDS
COMMUNITY
Mailing Address :
308 GREENVILLE BLVD SE
Mailing City:
GREENVILLE
State :
NC
ZIP:
27858
Property Address Number
Property Address Direction
Property Address Street Name
Property Address
Abbreviation
Lot Description
�\ I COMMON AREA 2A LYNNWOOD
Property Description : HIGHLANDS PH I & PH II
Deed Book: 2910
�\ Deed Page: 0329
Recorded Survey. H-61-E
Estate File (Will) Year-E-Folder :
2607981, 455875 1 inch = 561 feet Exempt: X
Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes.
gis.cravencountync.gov/maps/map.htm 111

5/22/2019 Craven Maps
5 Please e-mail comments, sugges
of May •
t 1 ■�J c 1
; 1� JJA' l y x -1f� �f�jAga'i'[1
it j y I �
�s "!! TT �ti , 3
Parcels
Identify Layer:1 Parcels •
FieldName Value
Parcel ID : 7-206-6 -OOC
Owner Name: LYNNWOODS HIGHLANDS
COMMUNITY
Mailing Address: 308 GREENVILLE BLVD SE
Mailing City: GREENVILLE
State : NC
ZIP : 27858
Property Address Number:
Property Address Direction
Property Address Street Name
Property Address
Abbreviation :
Lot Description :
Property Description : COMMON AREA 2B LYNNWOOD
HIGHLANDS PH I & PH II
Deed Book:
2910
Deed Page :
0329
Recorded Survey:
H-61-E
\Uj Estate File (Will) Year-E-Folder :
.'- l Exempt: X
2607379, 455395 1 inch = 561 feet
h r i n A_.,....... -A A........_. . n -in
Craven County does NOT warrant the information shown on this page and should he used ONLY for tax assessment purposes.
gis.cravencountync.gov/maps/map.htm 111

5/22/2019 Craven Maps
5 Please e-mail comments, sugges
of May 14, 2019
� CFI �[� � �. E � "� � ��4. � � � 21j� F �� '� �• � ?. vnwt � � 1 y;{I!'� � _
�� ill SI! i f�Fi j] i � � J. ',F 1 c� ryV�s(r��•� I 111I
Parcels
Identify Layer: Parcels
FieldName Value
Parcel ID : 7-206-6 -101
Owner Name:
LYNNWOODS HIGHLANDS
COMMUNITY
Mailing Address:
308 GREENVILLE BLVD SE
Mailing City:
GREENVILLE
State :
NC
ZIP:
27858
Property Address Number:
100
Property Address Direction :
Property Address Street Name :
LYNDEN
Property Address
LN
Abbreviation
Lot Description
Property Description : COMMON
AREA 1-A LYNNWOOD
Deed Book: 3012
Deed Page: 0524
Recorded Survey: H-184-E
ram`
Estate File (Will) Year-E-Folder :
/2606595, 4571fi1 7 inch = 561 fee
Exempt: X
Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes.
gis.cravencountync.gov/maps/map. him 111

5/22/2019
Craven Maps
` +{- _ :I�II�a� D'ovun�aads� 'PubE«In `ui
Coun Hone G15 Ho.lme�p, query.
Lo•" , ,.
5 Please e-mail comments, sugges
s of May 14, 2019
�r�'bf'Deeds� �At#as,
0
a
0
Parcels
Identify Layer:1 Parcels •
(1 of 3) Parcels selected.
FieldName Value
Parcel ID : 7-206-6 -OOG
Owner Name:
LYNNWOODS HIGHLANDS
COMMUNITY
Mailing Address :
308 GREENVILLE BLVD SE
Mailing City:
GREENVILLE
State :
NC
ZIP :
27858
Property Address Number:
250
Property Address Direction :
E
Property Address Street Name :
FISHER
Property Address
AVE
Abbreviation
Lot Description
COMMON AREA 6 LYNNWOOD
Property Description : HIGHLANDS PH I & PH 11
k
Deed Book: 2910
2606285, 457313` 1 in = 561 feet Deed Page: 0329
Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes.
gis.cravencountyno.gov/maps/map.htm 111

5/22/2019 Craven Maps
5 Please e-mail comments, sugges
1 �.4 ` ,"" " ; ir�forrnation CurTrent as of May 14, 2019
t� { ; tiCO�nu H'ort a GIS Home iN�a`� Dov�in€ a�ds� =Pu EiG�lnqu @ Re$ister'a D' , `#has
Parcels
Identify Layer: Parcels ==V
(1 of 2) Parcels selected.
FieldName Value
Parcel ID : 7-206-6 -OOF
Owner Name: LYNNWOODS HIGHLANDS
COMMUNITY
Mailing Address: 308 GREENVILLE BLVD SE
Mailing City: GREENVILLE
State: NC
ZIP : 27858
Property Address Number:
Property Address Direction
Property Address Street Name
Property Address
Abbreviation :
Lot Description :
Property Description : COMMON AREA 5 LYNNWOOD
HIGHLANDS PH I & PH 11
Deed Book: 2910
2606870, 457634 ��\\1 inch = 561 feet• Deed Page: 0329
s sr 5 _ �.L-v it ti vx,: ran m__...4551 C. Li G-1 C
ONLY for ta Craven County does NOT warrant the information shown on this page and should be used x assessment purposes.
gis.cravencountync.govlmapslmap.htm 111

5/22/2019 Craven Maps
Please e-mail comments, sugges
Info'r77tion Cures etas of May 14, 2019
-
L.aWnEo�_ceg1st�era6frDe--e-h
�#asD5R-yFCo
Parcels
Identify Layer: Parcels V
•
(1 of 2) Parcels selected.
FieldName Value
Parcel ID : 7-206-6 -00A
Owner Name: LYNNWOODS HIGHLANDS
COMMUNITY
Mailing Address: 308 GREENVILLE BLVD SE
<I Mailing City: GREENVILLE
State : NC
ZIP: 27858
I Property Address Number:
Property Address Direction
Property Address Street Name
Property Address
i Abbreviation :
Lot Description : 30 X 120.85 IRR
Property Description : COMMON AREA 1 LYNNWOOD
HIGHLANDS PH I & PH II
Deed Book: 2910
2606654, 457558, 1 inch 561 feet. Deed Page : 0329
Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes.
gis.cravencountyno.govlmapstmap.htm 1I1
I

5/22/2019 Craven Maps
5 Please e-mail comments, sugges
Parcels
Identify Layer:1 Parcels •
FieldName Value
Parcel ID : 7-206-6 -OOH
Owner Name: LYNNWOODS HIGHLANDS
COMMUNITY
Mailing Address: 308 GREENVILLE BLVD SE
Mailing City: GREENVILLE
State : NC
ZIP: 27858
Property Address Number:
Property Address Direction :
Property Address Street Name :
Property Address
Abbreviation
Lot Description
Property Description : COMMON AREA 7 LYNNWOOD
HIGHLANDS PH VI
Deed Book: 3548
Deed Page: 0743
Recorded Survey: 1-1 06-G
Z\ i
Estate File (Will) Year-E-Folder :
2607566, 4562431 inch = 561 feet 1 Exempt: X
L------------ A - - - - - - - A A------ . n CC
Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes.
gis.cravencountync.gov/maps/map.htm 111

I'4orth %arolina Secretary of State Search Results
Page 1 of 2
• File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online -
Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print
an Amended a Annual Report form
Limited Liability Company
Legal Name
BILL CLARK HOMES OF GREENVILLE, LLC
Prev Legal Name
BILL CLARK CONSTRUCTION COMPANY, LLC GREENVILLE, NC
Information
Sosld: 0364515
Status: Current -Active
Annual Report Status: Current
Citizenship: Domestic
Date Formed: 3/10/1995
Registered Agent: Clark, William H
Addresses
Mailing
200 E. Arlington Blvd, Ste. A
Greenville, NC 27858-5020
Reg Mailing
200 E Arlington Blvd, Ste A
Greenville, NC 27858.5020
Company Officials
Principal Office
200 E. Arlington Blvd, Ste. A
Greenville, NC 27858-5020
Reg Office
200 E Arlington Blvd, Ste A
Greenville, NC 27858-5020
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager
Lance L. Clark
200 E. Arlington Blvd. Ste. A
Greenville NC 27858
Manager
William H. Clark
200 E. Arlington Blvd. Ste. A
Greenville NC 27858
Manager
Daniel Koch
200 E. Arlington Blvd Ste A
Greenville NC 27858
https://www.sosne.gov/online_services/search/Business_Registration_Results 4/22/2019

North Carolina Secretary of State Search Results
Page 2 of 2
Manager
Kathryn D. Smith
200 East Arlington Boulevard, Suite A
Greenville NC 27858
https://www.sosnc.gov/online_services/search/Business_Registration_Results
4/22/2019

LIMITEbUA—BILITY COMPANY ANNUAL REPORT
t
NAME OF LIMITED LIABILITY COMPANY:L' 'BILL CLARK HOMES OF GREENVILLE, LLC
SECRETARY OF STATE ID NUMBER: 0354515 , STATE OF FORMATION: NC
REPORT FOR THE YEAR: 2017
1. NAME OF REGISTERED AGENT: CLARK, WILLIAM H
2. SIGNATURE OF THE NEW REGISTERED AGENT:
'Ring Office Use Only
E-Filed Annual Report
0364515
CA201728600606
10/13/2017 01:46
Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
200 E Arlington Blvd, Ste A 200 E Arlington Blvd, Ste A
Greenville, NC 27858-5020 Pitt County Greenville, NC 27858-5020
1. DESCRIPTION OF NATURE OF BUSINESS: Construction
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
200 E. Arlington Blvd, Ste. A 200 E. Arlington Blvd, Ste. A
Greenville, NC 27858-5020 Greenville, NC 27858-5020
SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.)
NAME: Lance L. Clark
NAME: William H. Clary NAME: Daniel Koch
TITLE: Manager TITLE: Manager TITLE: Manager
ADDRESS:
ADDRESS:
200 E. Arlington Blvd. Ste. A 200 E. Arlington Blvd. Ste. A
ADDRESS: 200 E. Arlington Blvd
Ste A
Greenville, NC 27858 Greenville, NC 27858 Greenville, NC 27858
SECTION D: CER111FICATION 9F ANNUAL RERQR1, Section D must be completed in its entirety by a person/business entity.
Kathryn D. Smith
SIGNATURE
Form must be signed by a Company Official listed under Section C of this form.
Kathryn D. Smith
Print or Type Name of Company Official
10/13/2017
DATE
Manager
Print or Type The Title of the Company Official
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525

SECTION-E: ADDITIONAL COMPANY OFFICIALS
'•ice �
.._. A,
L ; 4.
NAME: -Kathryn D. Smith , ;", NAME:
TITLE: Manager 3 ` _ ;� �s-TITLE
ADDRESS: ADDRESS:
200 East Arlington Boulevard, Suite A
Greenville, NC 27858
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
— - NAME ` s,
TITLE. f;
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
Name:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:

ROY COOPER
Governor
MICHA£i. S. REGAN
Secretary
S. DANIEL SMITH
Interior Director
Bill Clark Homes of Greenville, LLC
Attention: Lance L. Clark, Manager
200 E. Arlington Blvd., Ste. A
Greenville, NC 27858
Dear Mr. Clark:
NORTH CAROLINA
Environmental Quality
April 22, 2019
Subject. Stormwater Permit Renewal
Stormwater Management Permit SW7051026
Lynnwood Highlands
Craven County
A Division of Energy, Mineral, and Land Resources file review has determined that
Stormwater Permit SVV7051026 for a stormwater treatment system consisting of a wet
detention pond and curb outlets serving Lynnwood Highlands in Craven County expires
on December 13, 2019. 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
per renewal. Permit application forms for renewal can be found on our website at:
https; d .nc ov ab ut dimisio s ener -mineral- and -re aurc s ner - i eral-lair -
rules/stormwater-program/post-construction. North Carolina General Statutes and the
Coastal Stormwater rules require that this property be covered under a stormwater
permit. Failure to maintain a permit subjects the owner to assessment of civil penalties.
If you have questions, please feel free to contact me at [phone]. I will be glad to
discuss this by phone or meet with you. if you would like, I can e-mail you a copy of the
application forms. You can request a copy by e-mailing me at
roger.thorpe(&-ncden r.gov.
Sincerely,
fc _2-50c�
Roger K. Thorpe
Environmental Engineer
®� North Carolina Department of Environmental Qualily I Divlslon of £ncrgy, Mineral and Land Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Caroiina 27889

Beverly Eaves Perdue, Governor
w A r4z,0
Mr. Lance Clark, Area Manager
Bill Clark Homes of Greenville, LLC
200 East Arlington Blvd., Suite R
Greenville, NC 27858
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 27, 2009
of)
C) IGtS. C)
S�
Subject: Stormwater Permit No. SW7051026MOD
Lynnwood Highlands
High Density Project
Craven County
Dear Mr. Clark:
The Washington Regional Office received a complete Stormwater Management Permit
Application for the minor modification of Lynnwood Highlands on January 27, 2009. Staff review
of the plans and specifications has determined that the project, as proposed, will comply with
the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit
No. SW7051026MOD dated January 27, 2009, for the continued construction of the subject
project. The modification includes the alteration of residential lots 101, 102 and 103 into a
community pool area with parking and pool house. The overall increase of impervious area
from these three combined lots, which will drain to the wet detention basin, is 5,400 square feet.
This permit shall be effective from the date of issuance until December 13, 2015, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to the
Operation and Maintenance requirements in this permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system will result in
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this
permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact
Scott Vinson, or me at [phone].
incer ly,
Regional Supervisor
Surface Water Protection Section
AHlsav: C:ISTORMWATERIPERMIT1SW7051026M
CC" John Thomas, PE
C ven County Building Inspections
shington Regional Office
Central Files
~tailing Address Phone [phone] Location None hCarolina
943 Washington Square \tall Fax [phone] Washington Square A1a11 NQtarally
Washington, NC 27889 Washington, NC 27889
Internet: www,ncwateruualitv.or2 Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycied110% Post Consumer Paper

State Stormwater Management Systems
Permit No. SW7051026MOD
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 1S HEREBY GRANTED TO
Bill Clark Homes of Greenville, LLC
Lynnwood Highlands
Craven County
FOR THE
construction, operation and maintenance of 'a wet detention basin and six curb outlet
swales in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as
the "stormwater rules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by the
Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until December 13, 2015, and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data. The overall tract built -upon
area percentage for the project must be maintained at 30%, per the requirements of
Section .1005 of the stormwater rules.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater controls
have been designed to handle the runoff from 22.64 acres of impervious area within
a project area of 75.64 acres.
3. The project proposes the use of one (1) wet detention basin and six (6) curb outlet
swales. Each designated curb outlet swale shown on the approved plans must be
maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter,
have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in
a non -erosive manner, maintain a dense vegetated cover, and be located in either a
dedicated common area or a recorded drainage easement.
4. No piping shall be allowed except those minimum amounts necessary to direct
runoff beneath an impervious surface such as a road or under driveways to provide
access to lots and the piping that is shown on the approved plans directing
stormwater to the wet detention basin.
Page 2 of 8

State Stormwater Management Systems
Permit No. SW7051026MOD
Q!
5. Runoff conveyances other than the curb outlet system swales, such as perimeter
ditches, must be vegetated with side slopes no steeper than 3:1 (H:V).
6. 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.
7. The runoff from all built -upon area within the permitted drainage areas of this project
must be directed into the permitted stormwater control system designed for each
drainage area.
8. The following design criteria have been provided in the wet detention ponds and'
must be maintained at design condition:
Drainage Area:
To Wet Pond
a.
Drainage Area, acres:
30.43
b.
Total Impervious Surfaces, acres:
11.72
C.
Design Storm, inches:
1
d.
Pond Depth, feet:
6.50
e.
TSS removal efficiency:
90%
f.
Permanent Pool Elevation, FMSL:
16.00
g.
Permanent Pool Surface Area, ftz:
24,164
h.
Permanent Storage Volume, ft3:
.90,623
i.
Permitted Forebay Volume, ft3:
17,506
j.
Temporary Storage Elevation, FMSL:
18.50
k.
Temporary Storage Volume, ft3:
67,560
I.
Controlling Orifice:
2.5" � pipe
M.
Receiving Stream/River Basin:
Crooked Run
n.
Stream Index Number:
27 — 108 — 1
o.
Classification of Water Body:
"SC; Sw, NSW"
II. SCHEDULE OF COMPLIANCE
1. The stormwater management systems shall be constructed in its entirety, vegetated
and operational for its intended use prior to the construction of any built -upon
surface, per the approved plans.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the systems will be repaired immediately.
Page 3 of 8

State Stormwater Management Systems
Permit No. SW7051026MOD
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 Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
5. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other
supporting data.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the
permitted facility has been installed in accordance with this permit, the
approved plans and specifications, and other supporting documentation. Any
deviations from the approved plans and specifications must be noted on the
Certification. A modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
8. Access to the stormwater facilities shall be maintained via appropriate easements at
all times.
9. 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.
Page 4 of 8

State Stormwater Management Systems
Permit No. SW7051026MOD
11. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of
construction.
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 December 13, 2015.
Application for permit renewal shall be submitted 180 days prior to the expiration
date of this permit and must be accompanied by the processing fee.
14. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot
wide vegetative buffer between all impervious areas and surface waters. All roof
drains must terminate at least 30' from the Mean High Water mark.
15. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
16. Recorded deed restrictions must include, at a minimum, the following statements
related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7051026, 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.
G. 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 3,200 square feet for Lots 104-173
and 4,300 square feet for Lots 201-308. These allotted amounts include any
built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas,
but does not include raised, open wood decking, or the water surface of
swimming pools.
g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales,
etc.) associated with the development except for average driveway
crossings, is prohibited by any persons.
h. Filling in, piping or altering any designated 5:1 curb outlet swale or vegetated
area associated with the development is prohibited by any persons.
i. A 30' vegetated buffer must be maintained between all built -upon area and
the Mean High Water line of surface waters. All roof drains shall terminate at
least 30' from the Mean High Water mark.
j. Each designated curb outlet swale shown on the approved plan must be
maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or
flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10
year storm in a non -erosive manner, maintain a dense vegetated cover, and
be located in either a dedicated common area or a recorded drainage
easement.
Page 5 of 8

State Stormwater Management Systems
Permit No. SW7051026MOD
17. The plans previously approved on December 13, 2005,remain in full force and
effect along with the plan addendum approved on January 27, 2009.
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.
9. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 27th day of January, 2009.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
uoieen h. burins, uirector
Division of Water Quality
By Authority of the Environmental Management Commission
Page 6 of 8

State Stormwater Management Systems
Permit No. SW7051026MOD
Lynnwood Highlands
Stormwater Permit No. SW7051026 Modification
Craven County
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/ weekly/ full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Page 7of8

State Stormwater Management Systems
Permit No. SW7051026MOD
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
$. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
.11. The permitted amounts of surface area and/or volume have been provided.
12: Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, and
a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Washington Regional Office
Craven County Building Inspections
Page 8 of 8

' r�s
NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Lance C1arVArea Manager
Bill Clark Homes of Greenville, LLC
200 East Arlington Blvd., Suite R
Greenvile�NC 27858
Subject:
Dear Mr. Clark:
Division of Water Quality
Coleen H. Sullins
Director
March 18, 2011
Approved Plan Revision
Lynnwood Highlands
Stormwater Project No. SW7051026MOD
Craven County
Dee Freeman
Secretary
On January 14, 2011, the Washington Regional Office received a plan revision for Stormwater
Management Permit Number SW7051026Mod for Lynnwood Highlands development. The revisions include
the recombination of lots 101-103, This modification is to revert Lot 103 to the previously permitted Built
Upon Area of 3,200 sf (permitted on December 13, 2005) and revised the combination of lots 101 and 102 to
total built upon area of 10,336 sf for the total build upon area on all three lots of 13,536 sf. There is total
decrease of 1,464 sf in the built upon area from the Modified permit issued on January 27, 2009. It has been
determined that a formal permit modification is not required for the proposed changes.
Please be aware that all terms and conditions of the permit issued on January 27, 2009 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 submitted
to and approved through the Division of Water Quality 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.
If you have any questions concerning this matter, please do not hesitate to call me at [phone].
Sincerely,
Samir Dumpor
Environmental Engineer
Surface Water Protection Section
K:ISDIPlan Revisions1SW7051026Mod
cc: Bobby Billingsley, PE, Thomas Engineering, PA
Craven County Building Inspections
Washington Regional Office
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
An F.nnal gonorinnity 1 Af irmalive Aclinn Emnlover
Internet: www.ncwaterquality.org
Phone: [phone] FAX: [phone]
FAX: [phone]
NorthCarolina
Naturally

THOMAS ENGINEERING, PA
CIVIL ENGINETRING•LAND DEVELOPMENT•PROJECT MANAGEMENT
US MAIL January 12, 2011
To: NCDENR
Division of Water Quality
943 Washington Square Mall JAN 14 2011
Washington, NC 27889
Attn: Scott Vinson
Express Environmental Engineer
Re: Lynnwood Highlands Amenity Center
Craven County, NC
2004-020
Dear Scott,
Please find enclosed the two (2) previous permit documents for this project (one original and on
modification) along with two (2) copies of the revised Amenity Center plans. As you may recall,
this subdivision state stormwater permit was modified in January 2009 to include an increased
impervious area due to the proposed combination of three lots into one and additional area from a
proposed Amenity Center. Due to economic constraints that Amenity Center never proceeded
with construction in 2009 or 2010. At this time the Owner wishes to proceed with Amenity
Center construction, but on two (2) lots in lieu of three (3). Please refer to the enclosed plans.
This modification is to revert Lot 103 to the previously permitted BUA of 3200 sf and revised the
combination of Lots 101 and 102 to 13,536. A summary of these changes is below:
Lynnwood Highlands Amenity Center — State Stormwater BUA History
Permit
Permit Date
Lot #
Lot Area (sf)
Lot BUA (sf)
Original
12/13/2005
101
8006
3200
102
8020
3200
103
8033
3200
Totals 24059 9600
Modification
#1
v
1 /27/20G3f�
101
8006
15000
102
8020
103
8033
Totals 24059 15000
Modification
#2
Current
101
10336
102
$0�0
103
8033
3200
Totals 24059 13536
401 Howell Road.P.0. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone].Website: ThomasEngineeringPA.com

THOMAS ENGINEERING, PA
CIVIL ENGINEERING.LAND DEVELOPMENT•PROJECT MANAGEMENT
Please note that this is a decrease in the total allowable impervious area on these lots. We
do not think a modification of the permit is necessary as flow patterns will remain as
before, but would like to submit these plans for comments and your files. If a
modification to the permit is necessary, please advise.
Please review and let me know if you need anything further. If you have any questions or
concerns, please advise.
Thank you,
Bobby Billingsley, PE
[e-mail]
Enclosures
401 Howell Road.P, O. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone]$.Website: ThomasEngineeringPA.com

�A
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H, Sullins
Director
December 29, 2010
CERTIFI ED MAIL 47010 0290 0001 5628 6980
RETURN RECEIPT REQUESTED
Mr. Lance Clark
Bill Clark Homes of Greenville, LLC
200 East Arlington Blvd. Suite R
Greenville, NC 27858
Subject: NOTICE OF INSPECTION
Stormwater Management Permit No.SW7051026 MOD
Lynnwood Highlands
Craven County
Dear Mr. Clark:
Dee Freeman
Secretary
On December 28, 2010, Mr. J. Wayne Bryant of the Washington Regional Office performed an inspection
of your file to determine the status of compliance with Stormwater Permit SW7051026MOD. Permit
Number SW7051026MOD was issued to you on January 27, 2009 for the Lynnwood Highlands Project,
located on East Fisher Avenue (SRI.104), New Bern, Craven County, North Carolina.
This letter is to notify you that deficiencies were found during your file inspection. As a result you may
be in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1003 for failing to comply
with terms, conditions and limitations of Stormwater Management Permit No. SW7051026MOD.1
Due to the deficiencies noted in your file, DWQ will be_pgrforming a site inspection within the next 6-12
months. Please take this time to submit the required documents and inspect your permitted I system.
Please correct any issues including the maintenance tasks listed in the enclosed O&M agreement. Long
term operation and maintenance are the responsibility of the permit holder until such time that the permit
is formally transferred through DWQ to another responsible entity.
As a result of the DWQ file review, the following deficiencies are noted:
1. Failure to Submit a Desir-ner's Certification
Title 15A NCAC 21-1 .1008 0) requires that upon completion of construction, the designer for the type of
stormwater system installed must certify that the system was inspected during construction, .was
constructed in substantial conformity with plans and specifications approved by DWQ, and complies with
the requirements of this Section. As of the date of this letter, DWQ has not received this certification.
North Carolina Division of Water Quality Internet: www.ncwatercluality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Post Consumer Paper
NorthCarolina
Naturally

Required Response
Permit No.SW7071208 Part II Condition (10) "Within 30 days of completion of the project the
perrrtittee must certify in writing that the projects stormwater controls, and impervious surfaces have been
constructed within substantial intent of the approved plans and specifications. Any deviation from the
approved plans must be noted on the Certification." You are to submit a Designer's Certification to the
Washington Regional Office to show compliance with this Permit Condition within 30 days of the
completion of the project.
Thank you for your immediate attention to this matter. Please be advised, violations of the conditions of
a State Stormwater Permit are subject to a civil penalty assessment of up to $25,000.00 per day for
each violation pursuant to North Carolina General Statute 143-215.6A. Should you have any
questions regarding these matters, please contact either myself or Al Hodge, Regional Supervisor at (252)
946-6481.
Sincerely,
J. Wayne Bryant
Environmental Specialist
Surface Water Protection Section
Washington Regional Office
[e-mail]
Enclosures: Permit Language (if needed)
cc: John Hennessy- NPS-ACOU
John Thomas, PE, Thomas Engineering, PA, P.O. Box 1309, New Bern NC 28563
WaRO Files
DWQ Central Files
M
co
ii'
:o I OFFICIAL USA
N
_n
Li
O
OCl
i
Ir
r1 f
Q
n. MR. LANCE CLARK
� BILL CLARK HOMES OF GREENVILLE, LLC - ""
o or 200 EAST ARLINGTON BLVD., SUITE R
ram- orF ,.----....___
Z* GREENVILLE NC 27858
J
U.S. Postal Service,,., L
CERTIFIED MAIL,., RECEI(Domestic Mail Only; No insurance Covera
CerlNled Fee
�
���oetms (fi
Retum Reoelpt Fee
RequireC)
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(Endorsement
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Restricted Delivery Fee
(Endorsement Required)
Tor

State Stormwaanagement Systems
rermit No. SW7051026
Lynnwood Highlands
Stormwater Permit No. SW7051026
Craven County
Designer's Certification
as a duly registered ro.. �,,s e er- in
the State of North Carolina; having been authorized to obsery peno ica r' ek1y!-fuli-
lime) the construction of the project,
for `%_ ! t C Ir4� OL6,,.t M';I A" , Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification. Ce., 41
pi-�GAS No`�Q�. 0-
Noted Lviations from approved plans and specification; ;S ,
V
Signature r
Registration Number Q SEAt
Date `11 31 . r)',
Page 7 of 8

provided
fi State Stormwa"'� Management Systems
r ermit No. SW7051026
Certification
Requirements: S J ��--r0.-'� �� 'v{ d " `� S *Q
`{
✓
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.
w►l3.
All the built -upon area associated with the project is graded such that the
runoff drains to the system.
All roof drains are located such that the runoff is directed into the system.
I/ 5.
The outlet/bypass structure elevations are per the approved plan.
�o
The outlet structure is located per the approved plans.
✓ 7.
Trash rack is provided on the dutlet/bypass structure.
✓ S.
All slopes are grassed with permanent vegetation.
9.
Vegetated slopes are no steeper than 3:1.
10f,
The inlets are located per the approved plans. and do not cause short-
r,..;�r t , : Y
circijiting`of the system.
�11The
t -
permitted amounts of surface area and/or volume have been provided.
✓ 12:-' �' RequiiedFdrawdown devices are correctly sized per the approved plans.
13
All required design depths are
``'-� `,. ✓' 14: t. All required parts of the system are provided, such as a vegetated shelf, and
lea`forebay.
15: The required system dimensions are provided per the approved plans.
cc. NCDENR-DWQ Washington Regional Office
Craven County Building Inspections
Page 8 of 8

Lvnmwood Amenity Center Documents
Subject: l ynnwood Amenity Center Documents
From: "Bobby Billingsley"<[e-mail]>
Date: Mon, 26 Jan 2009 11:49:01 -0500
To: <scott.vinson a cniail.net>
CC: "'Landon Weaver"' <[e-mail]>
Scott,
Here are the pond certification and recorded covenants (with restrictions. page 26) as requested in the project review
meeting. I believe this is all that what still needed. Please review and let me know if you need any additional
information.
will send hard copies of these in the mail today.
Thanks,
Bobby Billingsley, PE
BobbyBillingslcy@. Thomas EnginceringPA. coin
x�7N,\\,.Thomas En_ginceringPA.com
1-I Q NI AS---)
309 Metcalf Street (Physical)
PO Box- 1309 (Mail)
New Bern, NC 28563
Phone: [phone]
Mobile: 252,671.2408
Fax: [phone]
Content -Type: application/pdf
storm water pond certification.pdf
Content -Encoding: basc64
Cdf
Covenants hk 2541 pg 126.pdfontent-Type: application/p
Content-Encoding: basc64
of 1 1/26/2009 5:24 PM

For DENR Use ONLY
Reviewer:
��� North Carolina Department of Environment and submit
Natural Resources
NCDENR Request for Express Permit Review rime:
Confirm:
FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. FAX or Email the completed form to Express
Coordinator along with a completed DETAILED narrative, site plan (PDF file] and vicinity map (same items expected in the application package
of the project location. Please include this form in the application package.
• Asheville Region -Alison Davidson 828-296-4698;alison.davidson ncmail.net
• Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee ncmail.net
• Mooresville & -Patrick Grogan 704-663-3172 or patrick.gro. (o�ncmail.net
• Washington Region -Lyn Hardison 252-946-9215 or lyn.hardison(Dncmail.net �PIRMESS
• Wilmington Region -Janet Russell 910-350.2004 or jaanet.russell(cDncmail.net
NOTE: Project application received after 12 noon will be stamped in the following work day. JAN 15 2009
Project Name: LYNNWOOD HIGHLANDS AMENITY CENTER County: CRAVEN NO DENR
Applicant: LANCE CLARK AREA MANAGER Company: BILL CLARK HOMES OF GREENVILLE LLC
Address: 200 EAST ARLINGTON _BLVD, SUITE RCity: GREENVILLE, State. NC Zip: 27858-
Phone:[phone] Fax:: - - Email: [e-mail]
Physical Location:EAST FISHER AVENUE (NCSR 1104)
Project Drains into CROOKED RUN waters -Water classification SC;SW, NSW (for classification see-
http:llh2o.enr.state.nc.uslbims/reportslreportsWB.htmi) -
Project Located in NEUSE River Basin. Is project draining to class ORW waters? YIN , within''/2 mile and draining to class SA waters N or within 1 mite
and draining to class HQW waters? YIN
Engineer/Consultant: BOBBY BILLINGSLY Company: TTHOMAS ENGINEERING, PA
Address: PO BOX 1309 City: NEW ERN, State: NC Zip 28563-_
Phone: [phone] Fax::[phone] Email: [e-mail]
SECTION ONE. REQUESTING A SCOPING MEETING ONLY
❑ Scoping Meeting ONLY ❑ DWO, ❑ DCM, ❑ DLR, ❑ OTHER;
SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING
❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls - Please attach TOPO map marking the areas in questions
❑ In term ittentlPerennial Determination: _ # of stream calls - Please attach TOPO map marking the areas in questions
❑ 401 Water Quality Certification ❑ Isolated Wetland {_linear ft or _acres)
❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance
❑ State Stormwater ❑ General ❑ SFR, ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility
❑ Low Density ❑ Low Density -Curb & Gutter — # Curb Outlet Swales ❑ Off -site [SW (Provide permit #)]
® High Density -Detention Pond 1 # Treatment Systems ❑ High Density -Infiltration ^ #Treatment Systems
ElHigh Density -Bio-Retention _ # Treatment Systems ❑ High Density-Stormwater Wetlands _ # Treatment Systems
❑ High Density -Other _ # Treatment Systems / ® MODIFICATION: ❑ Major El Minor ElRevision SW 7051026(Provide permit#)
❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
❑ Land Quality ❑ Erosion and Sedimentation Control Plan with acres to be disturbed.(CK # (for DENR use))
SECTION THREE - PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting_ request)
Wetlands on Site ❑ Yes ❑ No
Wetlands Delineation has been completed: ❑ Yes ❑ No
US ACOE Approval of Delineation completed: ❑ Yes ❑ No
Received from US ACOE ❑ Yes ❑ No
Buffer Impacts: ❑ No ❑ YES: acres)
Isolated wetland on Property ❑ Yes ❑ No
404 Application in Process wl US ACOE: ❑ Yes ❑ No Permit
For DE,\R use only
Fee Split for multiple permits: (Check q 1 L3 1 Total Fee Amount $ 400 D
SUBMITTAL DATES
Fee
SUBMITTAL DATES
Fee
LAMA
$
Variance (❑ Maj; ❑ Min)
$
SW (® HD, ❑ LD, ❑ Gen)
I - l S' ..p
$
401:
$
LOS
$
Stream Deter,_
$
NCDENR EXPRESS September 2008

Date Received
USE ONLY
Fee Paid
Permit Number
JAN 2009 State of North Carolina
. P
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER 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):
Bill Clark Homes of Greenville LLC
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Lance Clark, Area Manager
3. Mailing Address for person listed in item 2 above:
200 East Arhneton Blvd., Suite R
City:Greenville State:NC Zip:27858
Phone: [phone] Fax:
Email:lance®billclarkhomes.com
4. Project Name (subdivision, facility, or establishment name- should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Lymwood Highlands Ameni1y Center
5. Location of Project (street address):
East Fisher Avenue (NCSR 1104)
City:N County:Craven Zip:28560
6. Directions to project (from nearest major intersection):
Take US 70 East from New Bern. Turn left on East Fisher Ave SR 1104). Project is 314 mile on right,
7. Latitude:34° 59' 21" N Longitude:76° 58' 43" W of project
8. Contact person who can answer questions about the project:
Name:lohn G. Thomas, PE _ Telephone Number: (252 1 637-2727
Email:iohnThomas@ThomasEnizineerink,PA.com
II. PERMIT INFORMATION:
1. Specify whether project is (check one): ❑New [-]Renewal (®Modification
Form SWU-101 Version 09.25.08 Page I of 4

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit numberSW7051026 and its issue date (if known)December 13, 2005
3. Specify the type of project (check one):
[]Low Density ®High Density ❑Redevelop []General Permit ❑Universal SMP []Other
4. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major ®Sedimentation/Erosion Control ❑404/401 Permit ❑NPDES,Industrial
Stormwater ��
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.
Stormwater is transported via curb and gutter to a wet detention basin. Part of the project is transported via curb.
outlet swales as 12ermitted previously.
2. Stormwater runoff from this project drains to the Neuse River basin.
3. Total Property Area: 75.64 acres 4. Total Coastal Wetlands Area: 0 acres
5. Total Property Area (3) - Total Coastal Wetlands Area (4) = Total Project Area**:75.64 acres
6. (Total Impervious Area / Total Project Area) X 100 = Project Built Upon Area (BUA):29.93 %
7. How many drainage areas does the project have?1
8. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
For hieh density proiects, complete the table with one drainage area for each eneineered stormwater device.
Basin Information
Drainage Area 1
' a� ° Drainage Area 2
Receiving Stream Name
Crooked Run
C ✓oo ic�-_ u h
Stream Class & Index No.
SC; SW; NSW 27-108-1
5' S W. P3 SW �7.1a,9-
Total Drainage Area (so
3,294,878 sf
/ 3 tt 77 sr
On -site Drainage Area (so
3,294,878 sf
ZS Sf`
Off -site Drainage Area (so
0 sf
O S /=
Existing Impervious* Area (so
0 %
p Zo
Proposed Im ervious*Area (so
986,000 sf
S/ 0 6 / 9 S r
% Impervious* Area (total)
29•93%
3 S-Z 17 '
Impervious * Surface Area
Drainage Area 1
Drainage Area 2
On -site Buildings (sf)
703,400 sf
3 G 0 0 0 s r-
On-site Streets (so
282,600 sfSY-
On-site Parking (so
*included in "Buildings"
� ,si cGvvE�
On -site Sidewalks (so
*included in "Streets"
nJC L v d Ep
Other on -site (so
0 sf
O S/
Off -site (so
0 sf
ST
Total (so:
986,000 sf
* 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 09.25.08 Page 2 of 4

"Total project area shall be calculated to exclude Coastal Wetlands from use when calcrilating the built rrpon area
percentage calculation. This is the area used to calculate overall percent project built upon area (BLiA).
9. How was the off -site impervious area listed above derived?N A
Projects in Union County: Contact the DPVQ Central Office staff to check to see if you project is located
within a Threatened cQ Endangered Species watershed that nigv be subject to more stringent stornnvater
requirements.
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
One of the following property 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.
Forms can be downloaded from .hti h2o.enr. " ta W. nCA1 Sjsuo2ni 12 forms.fitm - deed restrictions.
Form DRPG1
High Density Commercial Subdivisions
Form DRPC-2
High Density Developments with Outparcels
Form DRPC-3
High Density Residential Subdivisions
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 property 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 NC DWQ, 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 Permitting Unit at [phone] for the status and
availability of these forms, Forms can be downloaded from htt 112o:enr.st ite.nc.ustsir m) fc,rms.htm.
Form SW401-Low Density
Form SW401-Curb Outlet System
Form SW401-Off-Site System
Form SW401-Wet Detention Basin
Form SW401-Infiltration Basin
Form SW401-Infiltration Trench
Form SW401-Bioretention Cell
Form SW401-Level Spreader
Form SW401-Wetland
Form SW401-Grassed Swale
Form SW401-Sand Filter
Form SW401-Permeable Pavement
Form SW401-Cistern
Low Density Supplement
Curb Outlet System Supplement
Off -Site System Supplement
Wet Detention Basin Supplement
Infiltration Basin Supplement
Underground Infiltration Trench Supplement
Bioretention Cell Supplement
Level Spreader/Filter Strip/Restored Riparian Buffer Supplement
Constructed Wetland Supplement
Grassed Swale Supplement
Sand Filter Supplement
Permeable Pavement Su pplement
Cistern Supplement
Form SWU-101 Version 09.25.08 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 hn://h2o.enr.state.nc.usisu/nisi nians.htni)
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
RLId
• Original and one copy of the Deed Restrictions & Protective Covenants Form (if
P"v oWLY _5'c3XrMn?F4
required as per Part IV above)
• Original of the applicable Supplement Form(s) and O&M agreement(s) for each BMP
Poawa l- Y-nwarrrtf o
• Permit application processing fee of $505 (Express: $4,000 for HD, $2,000 for LD)
payable to NCDENR
• Calculations & detailed narrative description of stormwater treatment/management
Iel-jo
• Copy of any applicable soils report
�2��P�E✓�°cdGr S+'Q
• Two copies of plans and specifications (sealed, signed & dated), including:
4�
- 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 (such as additional information requests), please complete this section. (ex. designing engineer or firm)
Designated agent (individual or firm):Thomas Engineering, PA
Mailing Address:PO BOX 1309
City:New Bern State:NC Zip:28563
Phone: (252 , _637--2727 - Fax: [phone]
Email:TohnThomas®ThomasEneineerinePA.com
VIII.APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) Lance Clark
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.
Date:_ .l1. b q
Form SWU-101 Version 09.25.08 Page 4 of 4

Permit No. 5Y 7 0 S %24 m7ov
(to be provided by DIrQ)
State of North Carolina
Department of Environment and Natural Resources
JAN 152009 Division of Water Quality C.; 0 Fly
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
1. PROJECT INFORMATION
Project Name. .
, r, '.� L"_0 = CJ J_
r,,,., is
Cont.--.` Person: Z—L. V Phone Number: (29Z)6 37 -212?-
For projects with multiple basins, specify which basin this worksheet applies to:
elevations
Basin Bottom Elevation C1 G ft. (floor of the basin)
Permanent Pool Elevation ft. (elevation of the orifice)
Temporary Pool Elevation / 8. ft. (elevation of the discharge structure overflow)
areas Z ++$ t b 1
Permanent Pool Surface Area sq. ft, dater surface area at the orifice elevation)
Drainage Areac�' on -site and off -site drainage to the basin)
Impervious Area ac. (on -site and off -site drainage to the basin) f 4. d,qa
volumes Z O 3 n s'� Ze 06,
Permanent Pool � �o cu. ft. (combined volume of main basin and forebay)
Temporary Pool 4me -cu. ft. (volume detained above the permanent pool)
Forebay Volume / 7 506 3 cu. ft. (approximately 20% of total volume)
Other parameters
SA/DAI 4 / S (surface area to drainage area ratio from DWQ table)
Diameter of Orifice 2.5- in. (2 to S day temporary pool draw -down required)
Design Rainfall in.
Design TSS Removal 2 el 6 % (minimum 85% required)
Form SWU-102 Rev 3.99 Page I of 4

Footnotes:
When using the Division SAIDA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth, Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department -of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. 'If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
App ' t Initials
1
a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 fP--O, G . S
b. The forebay volume is approximately equal to 20% of the basin volume.
i
c. The temporary pool controls runoff from the design storm event.
d. The temporary pool draws down in 2 to 5 days.
e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations)
f. The basin length to width ratio is greater than 3:1.
g- The basin side slopes above the permanent pool are no steeper than 3:1.
h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
i. Vegetative cover above the permanent pool elevation is specified.
j. A trash rack or similar device is provided for both the overflow and orifice.
k. A recorded drainage casement is provided for each basin including access to nearest right-
--m-way.
1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
m. A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does "not incorporate a vegetated filter at the outlet.
This system (check ogre) 0 does :Z0'esnotincorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adverscly impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 4; 876- feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 4. i375'�feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
ill in the blanks)
Permanent Pool Elevation A; -
Sediment Ren oval El. ) L) '75 0
-------------- -- Sediment Removal Elevation -1_c, re75%
Bottom Ele ation r1. O' %---------------------------------------------125%
------
Bottom Elevation 1.5'a,`
FOREBAV
MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4

7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name:
Title: A r ecj
Address: Z Oo 4-Z-a r- ,r" .5�.: fe J, G.roe tiLof
Phone: . l 2-5 Z - 3 S' - 20 o
Date:__ _ O
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
1, 5 A , - /!1aM &L , a Notary ; ubIicfor the State of un.A ccl and
County of c v L�' l , do hereby certify that 3.40.1 `F
personally appeared before me this 2- N day of Z j , and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
eo°l*
dd
- O r
e
g a �
VEN oC©'��o,'o
SEAL
My commission expires/
Form SWW-102 Rev 3.99 Page 4 of 4

THOMAS ENGINEERING, PA
CIVIL ENGINEERING•LAND DTVEL0PMENT•PR0JECT MANAGEMENT
ENGINEERING REPORT REVISIONS
FOR
STORMWATER MANAGEMENT
JACK 15 2009 AT
LYNNWOOD HIGHLANDS
CRAVEN COUNTY, NC
2004-020
OWNER: BILL CLARK HOMES OF GREENVILLE, LLC
200 EAST ARLINGTON BLVD SUITE R
GREENVILLE, NC 27858
ENGINEER: THOMAS ENGINEERING, P.A.
309 METCALF STREET
P.O. BOX 1309
NEW BERN, N.C. 28563-1309
[phone]-Office
[phone]-Fax
JohnThomas@ThomasEngineeringP�.com
"U SEAL
C-438
�0I

�
N
( i
iC ,a
rf•
h

Lynnwood Highlands
Craven County
Stormwater Management Report
REPORT REVISIONS STATEMENT
NARRATIVE
SUPPORTING CALCULATIONS
STORMWATER POND TABULATIONS
INDEX
November 22, 2005
2004-020
Revised January 9, 2009
Page 2

Lynnwood Highlands
Craven County
Stormwater Management Report
REPORT REVISION STATEMENT
November 22, 2005
2004-020
Revised January 9, 2009
The purpose of this report is to illustrate changes made to existing filed reports for Lynnwood
Highlands due to the project revision to change Lots 101-103 to the proposed amenity center.
These changes will affect the total impervious area of the project and the previously permitted wet
detention pond calculations. Although downstream pipes will incur slightly higher flows, they
were designed in with such conservatism to allow the additional flows indicated herein. Revisions
to this document, as changed from previous documents, are indicated in GREEN throughout.
NARRATIVE
PROJECT DESCRIPTION
The purpose of this project is to develop a single family residential subdivision with associated
construction of curb and guttered paved streets, central water and sewer, and other appurtenances
characteristic of this type of development. The proposed development is located in Craven County
east of New Bern. The tract is bordered on the north by the existing Neuse Harbour Subdivision, on
the east, west, and south by privately owned wooded tracts, and on the northwest by East Fisher
Avenue. This tract is primarily cleared on the upland areas and was previously used as farmland.
The portions of the tract that are wooded border the low lying areas around the eastern, and
southern quadrants of the tract. Approximately 62 acres of the total tract area of 75 acres will be
disturbed during the construction and home building phase of this development. The total number
of lots proposed is 179, with target lot sizes of 8,000 to 12,000 square feet. The project will include
a community pool and recreation center towards bordering East Fisher Avenue.
STORMWA TER
This development is being developed as a high density project but meets the overall density for a
low density development. Stormwater will be collected by underground storm sewers and treated in
one stormwater wet detention pond before being discharged toward the wetlands that border the
tract. Curb outlet swales are being used for pretreatment prior to stormwater being discharged off
the site.
Page 3

Lynnwood Highlands
Craven County
Stormwater Management Report
SUPPORTING CALCULATIONS
1. Overall Project Data
f
A. Site Data
Built Upon Area
November 22, 2005.
2004-020
Revised January 9, 2009
Streets, Curbs & Gutter.....................................282,600 sf
Houses, driveways, etc. on lots: ......................... 688,400 sf
Pool/Recreational Facilities.. .15,000 sF
Total Built Upon Area.., ................................... 986,000 sf (22.64 ac)
2. Total Area.................................................3,294,878 sf (75.64 ac)
3. Percent Impervious Area
( 986,000 sf / 3,294,878 sf ) (100) = 29.93 % < 30% (Overall Low Density)
4. Per Lot Impervious Cover Restrictions:
Lots 104- 173 ..........3200 sf
Lots 201-308 ...........4300 sf
2. Drainage Basin # 1 (Wet Pond Treatment)
A. Site Data
1. Built Upon Area
Streets; Curbs & Gutter ............................... ..142,619 sf
Houses;_driveways, etc. on lots: ................... .� .. 353,000 sf
PoollRecreational-Facilities .................................... 15,000 sf
Total Built Upon Area ............................. .....510,619 sf (11.72 ac)
2. Total Area..............................................��1,325,477 sf (30.4288 ac)
3. Percent Impervious Area
( 510,619 sf / 1,325,477 sf ) (100) = 38.5 % 4 Use 40 %
B. Determination of Wet Detention Pond Surface Area (Stormwater Pond # 1)
1. Reference Attachment "A" 90% TSS removal without vegetative filter
2. Proposed Pond Depth: 6.5 ft
3. Imperious Percent: 40 %
4. Drainage Area: 1,325,477 sf (30.4288 ac)
Page 4

Lynnwood Highlands November 22, 2005
Craven County 2004-020
Stormwater Management Report Revised January 9, 2009
5. Surface Area/Drainage Area: l .80%
(Interpolated from attachment "A") 90% TSS Removal
Where:
Impervious % = 40 %
Permanent Pool = 6.5 ft
6. Pond Surface Area:
a) Required 1,325,477 sf x 0.0180 = 23,858 sf
b) Provided Design pond surface area (SA)= 24,164 sf (@ permanent pool elevation)
C. Determination of required storage following a one inch rainfall event:
Where C for building roofs = 1.0
paved areas = 1.0
greenareas = 0.2
1. Building Roofs & Pavement: (510,619 sf)(1.0)(1 inch)(1 ft /12 inch = 42,552 cft
2. Green Areas: (820,258 so(0.2)(1 inch)(1 ft/ 12 inch) = 13,671 cft
3. Required Total Storage Volume = 56,223 cft
4. Storage Depth (1 inch rainfall)(H)
H = Volume/SA
H = 56,223 cft / 24,164 sf
H = 2.32 ft ( 2.50.ft provided)
V(actual)= 2.5 [(24,164+29,884)12] = 67,560 cf > 56,223 cft
5. Provided Storage Volume = 67,560 cft
D. Draw down determination (based on I inch rainfall)
1. Q (2 dys) = 67,560 cft/ (2 dys)(24 hrs/dy)(60 min/hr)(601sec/min) = 0.3910 cfs
2. Q (5 dys) = 67,560 cft/ (5 dys)(24hrsldy)(60minlhr)(601seclmin) = 0.1564 cfs
3. Orifice Size
a. Orifice Formula
Area = [Q/(Cd times the square root of (2gh))] x 144 sqin/sf
Where h = Hl2 = 1.25ft
Cd = 0.6
g = 32.174ft/sec 2
b. Area for Q (2dys)
Area = [0.3910 cfs / 0.6 times by the square root of (2g 1.25 ft)](I44 sgin/sf)
Area = 10.46 sq in
Page 5

Lynnwood Highlands
Craven County
Stormwater Management Report
November 22, 2005
2004-020
Revised January 9, 2009
Pipe Diameter = 2 times the square root of 10.46 / Pi = 3.65 in
c. Area for Q (5dys)
Area = [0,1564 cfs / 0.6 times the square root of (2g 1.25 ft)](144 sgin/sf)
Area = 4.19 sq in
Pipe Diameter = 2 times the square root of 4.19 / Pi = 2.31 in
d. Selected Orifice Size
Use 2.5 in orifice
E. Runoff calculation for riser sizing and overflow:
Rational Method Q=CIA
Where Q = Peak rate of runoff (cfs)
C = Runoff coefficient
Building Roofs = 1.0
Paved Areas = 1.0
Green Areas = 0.2
I = Average intensity of rainfall (inches)
(10yr)
A = Drainage area (acres)
2. Determination of Peak Flow Q
C = (510,619 sf)(1.0)+(820,258 sf)(0.2)
1,325,477 sf
C= 0.51
H (Height difference) = 6 ft
L (length of travel) = 3000ft
Tc (time of Concentration) = 40 min
For Ila = 3.0 in
Q = CIA
Q» = (0.51)(3.0 in)(30.4288 ac) = 46.56 cfs
F. Outlet pipe & riser determination
1. Riser Pipe
Q = 3.33(L-0.2H) H1'5 (Weir overflow formula for riser determination)
Q 1o= 47.00 cfs
H=12in
L (Q=47cfs)= 15.0 ft
Riser diameter "d" = L / pi = 4.78 ft (Use 60 in diameter riser)
2. Outlet Pipe = 36 in (see exhibit "Worksheet Pipe P-51 Pond Discharge)
Page 6

Lynnwood Highlands
Craven County
Stormwater Management Report
Stormwater Pond Tabulations
November 22, 2005
2004-020
Revised January 9, 2009
Page 7

STORMWATER
POND
# 1
VOLUME TABLE 2004020
AREA TABLE
ELEV.
DESCRIPTION
FORE
BAY
MAIN POND
TOTALS
FORE
BAY
MAIN POND
TOTALS
18.50'
TEMP. POOL
8049
SF
21835 SF
29884 SF
STORAGE
17521
CF
50039 CF
67560 CF
16.00
PERM. POOL
5968
SF
18196 SF
24164 SF
4809
CF
15942 CF
20751CF
15.00'
SHELF EDGE(10)
3651
SF
13687 S.F.
17338 SF
12697 CF
57175 CF
69872 CF
9.50'
1 BOTTOM
966
SF
7104 SF
8070 SF
TOTALS P.P. - BTM 17506 CF 73117 CF 90623 CF
FOREBAY VOLUME _ 17506 CF X 100 = 19.32% (OK)
TOTAL VOLUME _ 90623 CF

DETENTION POND ANALYSIS FILENAME: C:\STORMWATER\POND\SW7051026
PROJECT* SW7 051026 REVIEWER: Svinson
PROJECT NAME- Lynnwood Highlands
DATE:
27-Jan-09
Receiving Stream:
Crooked Run
Class:
SC; Sw, NSW
Drainage Basin:
Neuse
Index No.
27-108-1
Site Area
75.64 acres
Drainage Area
square feet
Area =
30.43 acres
IMPERVIOUS AREAS
Lots
Streets
Pool-Rec area
TOTAL
SURFACE AREA CALCULATION
% IMPERVIOUS 38.52%
Des. Depth 6.5
TSS: 90
Rational C
353000.00 square feet
142619.00 square feet
square feet
15000.00 square feet
square feet
square feet
square feet
Rational Cc= 0.12
SA/DA Ratio 1.73%
Req. SA 22880 sf
Prov. SA 24-10*! sf
VOLUME CALCULATION * place a "'I" in the box if Rational is used
Rational ?*
Des, Storm inches
Rv= 0.40
Bottom 9.5 msl
Perm. Pool .0..! msl
Design Pool 18.5 msl
Design SA 29884 sf
): Req. Volume �.8 9cf
Prov. Volume
1::67560.-1 cf
ORIFICE CALCULATION
Avg. Head =
Flow Q2, cfs
Flow Q5, cfs
No. of Orifices
Diameter, inches
Drawdown =
1.20 ft
0.254 cfs
0.101 cfs
2:60" weir H x W
days
FOREBAY
Perm. Pool Volume=
Req. Forebay Volume=
Provided Volume=
Percent=
SA @
Elevation=
Q2 Area =
Q5 Area =
Orifice Area
in
COMMENTS
Surface Area , Volume and Orifice are within Design Guidelines
90623
18124.6
17506.00
6,93
sq. in.
2.77
sq. in.
4.91
sq. in.
0.180
cfs
x
in

THOMAS ENGINEERING, PA
CIVIL ENGINEERING•LAND DEVELOPMENTePROJECT MANAGEMENT
1.: ""1 11 �17fi*f �aT7
To: NCDENR
Division of Water Quality
943 Washington Square mall
Washington, NC 27889
Attn: Scott Vinson
Express Environmental Engineer
Re: Lynnwood Highlands Amenity Center
Craven County, NC
2004-020
Dear Scott,
January 14, 2009
EXPRESS
JAN 15 2009
NC ®ENR
Please find enclosed the State Stormwater Management Permit Application for site
improvements for the above referenced project. Enclosed items include the originally
permitted plans and permit (SW7051026), an (1) original and one (1) copy of the
Stormwater Management Permit Application Form (Modification), two (2) copies of the
revised Wet Detention Supplement, two copies of the revised stormwater management
report, two (2) copies of the amenity center plans, and one (1) check for S4,000.00
(Check No.8723) for the express permitted application processing fee.
As you are aware we this modification is to convert three lots into a pool and parking
community facility, which will slightly increase the site impervious area.
Please review and let me know if you need anything further. If you have any questions or c..
concerns, please advise.
Thank you,
Bobby Billingsley, PE
[e-mail]
Enclosures
309 Metcalf Street-P. 0. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone].Website: ThomasEngineeringl Acom

Permit No. S a7QzL0AL
ECE D (to be provided by DWO
State of North Carolina
NOV. 2 3' 2005 Department of Environment and Natural Resources
Division of Water Quality �HUMAL
DWQ-WARD STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may he photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I.. PROJECT INIF'ORMATION
Project Name:
Contact Person
cd (s, Phone Number: (Z � 6 319— 01)17 9
For projects with multiple basins, specify which basin this worksheet applies to:
elevations
Basin Bottom Elevation '7 •ft.
Permanent Pool Elevation 16. o d ft.
Temporary Pool Elevation /9. SD ft.
areas /
Permanent Pool Surface Area Z 14 sq. ft.
Drainage Area 3b, -if Zgg ac.
Impervious Area 11, 5q8Z ac.
volumes 9D 603
Permanent Pool Volume_ cu. ft.
Temporary Pool Volume A. cu. ft.
Forebay Volume 50 cu. ft.
Other parameters
SA/DAI
Diameter of Orifice
Design Rainfall
Design TSS Removal 2
(floor of the basin)
(elevation of the orifice)
(elevation of the discharge structure overflow)
(water surface area at the orifice elevation)
(on -site and off -site drainage to the basin)
(on -site and off -site drainage to the basin)
(combined volume of main basin and forebay)
(volume detained above the permanent pool)
(approximately 20% of total volume)
(surface area to drainage area ratio from DWQ table)
(2 to 5 day temporary pool draw -down required)
(minimum 85% required)
Fonn S WU-102 Rev 3.99 Page 1 of 4

z �- ��
=;
a
y
_1
` -s
` � �.-
i�`
.,,-

Footnotes:
t When using the Division SA/DA tables, the correct SAIDA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
z In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
H. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, I-lealth and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Initials
a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). G. S
b. The forebay volume is approximately equal to 20% of the basin volume.
- c. The temporary pool controls runoff from the design storm event.
The temporary pool draws down in 2 to 5 days.
e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations)
f. The basin length to width ratio is greater than 3:1.
The basin side slopes above the permanent pool are no steeper than 3:1.
h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
i. Vegetative cover above the pennanent pool elevation is specified.
j. A trash rack or similar device is provided for both the overflow and orifice.
k. A recorded drainage easement is provided for each basin including access to nearest right -
nor -way.
I. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
m, A mechanism is specified which will drain the basin for maintenance or an emergency.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does oe not incorporate a vegetated filter at the outlet.
This system (check one) 0 does oes not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads'+; S rj5' feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 4. 67<_feet in the forebay, the sediment shall be removed.
Sediment Re ova[ El. 1 {, JZ 75
Bottom Ele ation
FOREBAY
BASIN DIAGRAM
ill in the blanks)
Permanent Pool Elevation /G. be
-----------------------------------
Sediment Removal Elevation I i• 1G�
Bottom Elevation R.$'o'
MAIN POND
75%
25% /
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99
Page 3 of 4

7. All components of the wet detention basin system shall be maintained in good working order.
1 acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or/responsible party.
Print name:N 'S
Title: eAf`-
Address: _Z Oo 4c-�a s`�" f .,� $ ��- c1 • �..; fe Q. G roe rvv� ���, Jll C Z % 8S $
Phone:
Signati
uate: - G v
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
1, 5 A �,-. -AdM 6-S , a Notary Public for the State of r`�� C4sa�l`ti4
r ,
County of �A Lj L , do hereby certify that 6jQr`4 49-r G r,�v 5
personally appeared before me this 2- day of S rti and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
NNOOGIA. 6\
VEN G©::��'�e
SEAL
My commission expires Z r% z
Form 5WU-102 Rev 3.99 Page 4 of 4

j R
Permit No
State of North Carolina
Department of Environment and Natural Resources
'URE CF.0VF.0 Division of Water Quality
5 W 7q,7zo aG
(to be provided by DWQ)
OCT 2 8 20U�ORMWATER MANAGEMENT PERMIT APPLICATION FORM
CURB OUTLET SYSTEM SUPPLEMENT
®WQ-IIVARO
FOR LOW DENSITY DEVELOPMENT WITH CURB AND GUTTER
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, a
curb outlet system supplement, a low density supplement, design calculations, and plans and specifications
showing all stormwater conveyances and curb outlet details.
I. PROJECT INFORMATION
Project Name : _ . y n-o�-. v o�i (� �(?9 h lvwf
Contact Person: ., Phone Number:
�-•. c j �' �%o w.. 4--s 9 4 c, o v�
Curb outlets to (check one): R'Swale 0 Vegetated Area
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A
NCAC 2H .1008.
Initial in the space provided to indicate that the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent on the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Curb outlets direct flow to a Swale or vegetated area.
b. Swales or vegetated areas receiving curb outlet flow are designed to carry, at a minimum,
peak flow from the 10-year storm.
E. Flow velocity is non -erosive for peak flow froln the 10-year storm event.
d. Longitudinal slope of the swale or vegetated area does not exceed 5%.
e. Side slopes of the swale or vegetated area are no steeper than 5:1 (horizontal to vertical).
f. Length of swale or vegetated area is > 100 feet.
g. The system takes into account the run-off at ultimate built -out potential from all surfaces
draining to the system (delineate drainage area for each Swale).
are located in recorded drainage easements.
amass type(s) for pennanent vegetative cover specified on detail.
j. Swale detail provided on plans.
SWU-105 Ver 3.99 Page 1 of 3

III. DESIGN INFORMATION
Complete the following table. If additional space is needed the information should be provided in the same
format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State .
of North Carolina Erosion and Sediment Control Planning and Design Manual.
Table 1. Swale Design Information
Swale No.
Drainage.
Area ac
Impervious
Area ac
Grassed
Area ac)
C
Q
(efs)
V.P.-
(f s
V.-
(fps
Flow
De th ft
43• e"'
G.4+/5'
2. 32s1
4,1161
0•3 C.
r , 5Z
�}-.Sd
2,.3
�S. �
. 5� � l
o, S33y-
.� z�
a. �- �
S.aS
�+. S�
1 • �f-'�
�. 6 �
1. yrc+
Z(e 2
0-3
't-Sd
1.09.
53 Ar
3.?'?Z5
J. 9125-
I , 1,6ena
D. 4-�-
). 95
y-. 5ca
r, ') -
en. Sg
5Y- 5-
4f:3Z76
_123'S
2.Lfo3S
0
3r5
It-.Sd�
1,90
o•5'*
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Form SWU-105 Ver 3.99 Page 2 of 3

��� V�' 1 f 1 •rf � � 11:'yR
•.
"J

i
r
I11. CURB OUTLET SYSTEM MAINTENANCE REQUIREMENTS
Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time.
2, Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up,
erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal,
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality.
acknowledge and agree by my signature below that I am responsible for the performance of the six
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party. r
Print Name and Title: ��er / 4hotU S
Address:*2Q4 4�7_a 5r.,- d . Re . yr- Z? VT 8
Phone: Date: 9/z/os
Signature:
Note; The l9gally responsiOle party should not be a homeowners association unless more than 50% ofthe lots have been sold and a
resident of the subdivision has been named the president,
1, 5 4� �. + w, 5 a Notaryf Public r the State of %yd rT�C G� 1.�4, County of `
CYZ a r✓ f* rJ do hereby certify that personally appeared before me this ZN
day of Zc�r3g__, and acknowledge the due execution of the forgoing infiltration basin maintenance
rcquirements. Witness my hand and official seal,
My commission expires L- Z
9� 0.
"'000090M0 ';�. Ca
�LN 00
Form SWU-105 Ver 3.99 Page 3 of 3

Michael F. Easley, Governor
�CF WA r4,
,o y
0 Ni� "';�
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W, Klimek, P.E. Director
Division of Water Quality
December 13, 2005,,, (�
Mr. Robert Sithens, Area Manager
Bill Clark Homes of Greenville, LLC
200 East Arlington Blvd., Suite R
Greenville, NC 27858
Dear Mr. Sithens:
1
Subject: Stormwater Permit No. SW7051026
Lynnwood Highlands
High Density Project
Craven County
The Washington Regional Office received a complete Stormwater Management Permit
Application for Lynnwood Highlands on December 12, 2005. Staff review of the plans
and specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW7051026 dated December 13, 2005, for the construction of the subject
project.
This permit shall be effective from the date of issuance until December 13, 2015, and
shall be subject to the conditions and limitations as specified therein. Please pay
special attention to the Operation and Maintenance requirements in this permit. Failure
to establish an adequate system for operation and maintenance of the stormwater
management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Scott Vinson, or me at [phone].
Sincerely
rAl Hodge
Regional Supervisor
Surface Water Protection Section
AHlsaw C:ISTORMWATERIPERMIT1SW7051026
cc: John Thomas, PE
C ven County Building Inspections
v ashin ton Regional Office
Central wiles
One
NhCaro
)Natlrral
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
Internet: h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27889 I-877-623-6748
An Equal OpportunitylAifirmative Action Employer— 50% Recycled110% Past Consumer Paper

State Stormwater Management Systems
Permit No. SW7051026
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
Bill Clark Homes of Greenville, LLC
Lynnwood Highlands
Craven County
FOR THE
construction, operation and maintenance of a wet detention basin and six curb outlet
swales in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as
the "stormwater rules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by the
Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until December 13, 2015, 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. The overall tract built -upon
area percentage for the project must be maintained at 30%, per the requirements of
Section .1005 of the stormwater rules.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater controls
have been designed to handle the runoff from 22.51 acres of impervious area within
a project area of 75.64 acres.
3. The project proposes the use of one (1) wet detention basin and six (6) curb outlet
swales. Each designated curb outlet swale shown on the approved plans must be
maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter,
have a longitudinal slope no steeper than 5%, carry the law from a 10 year storm in
a non -erosive manner, maintain a dense vegetated cover, and be located in either a
dedicated common area or a recorded drainage easement.
4. No piping shall be allowed except those minimum amounts necessary to direct
unoff rbeneath an impervious surface such as a road or under driveways to provide
access to lots and the piping that is shown on the approved plans directing
stormwater to the wet detention basin.
Page 2 of 8

State Stormwater Management Systems
Permit No. SW7051026
5. Runoff conveyances other than the curb outlet system swales, such as perimeter
ditches, must be vegetated with side slopes no steeper than 3:1 (H:V).
6. 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.
7. The runoff from all built -upon area within the permitted drainage areas of this project
must be directed into the permitted stormwater control system designed for each
drainage area.
8. The following design criteria -have been provided in the wet detention ponds and
must be maintained.at design condition:
Drainage Area:
a. Drainage Area, acres:
b. Total Impervious Surfaces, acres:
C. Design Storm, inches:
d. Pond Depth, feet:
To Wet Pond
30.43
11.60
1
6.50
e.
TSS removal efficiency:
90%
f.
Permanent Pool Elevation, FMSL:
16.00
g.
Permanent Pool Surface Area, ft2:
24,164
h.
Permanent Storage Volume, ft3:
90,623
i.
Permitted Forebay Volume, ft3:
17,506
j.
Temporary Storage Elevation, FMSL:
18.50
k.
Temporary Storage Volume, ft3:
67,560
1.
Controlling Orifice:
2.5" � pipe
m.
Receiving Stream/River Basin:
Crooked Run
n.
Stream Index Number:
27 —108 —1
o.
Classification of Water Body:
"SC; Sw, NSW'
I[. SCHEDULE OF COMPLIANCE
1. The stormwater management systems shall be constructed in its entirety, vegetated
and operational for its intended use prior to the construction of any built -upon
surface, per the approved plans.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the systems will be repaired immediately.
Page 3of8

State Stormwater Management Systems
Permit No. SW7051026
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 Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowin.9 and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
5. The facilities shall be constructed as shown on the approved plans. This permit
shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other
supporting data.
6. -Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the
permitted facility has been installed in accordance with this permit, the
approved plans and specifications, and other supporting documentation. Any
deviations from the approved plans and specifications must be noted on the
Certification. A modification may be required for those deviations.
7. 1f 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.
9. 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.
Page 4of8

State Stormwater Management Systems
Permit No. SW7051026
11. - A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of
construction.
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. I.-, _ _
13. This permit shall be effective from the date of issuance until December 13, 2015.
Application for permit renewal shall be submitted 180 days prior to the expiration
date of this permit and must be accompanied by the processing fee.
14. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot
wide vegetative buffer between all impervious areas and surface waters. All roof
drains must terminate at least 30' from the Mean High Water mark.
15. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
16. Recorded deed restrictions must include, at a minimum, the following statements
related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7051026, 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 3,200 square feet for Lots 101-173
and 4,300 square feet for Lots 201-308. These allotted amounts include any
built -upon area constructed within the lot property boundaries, and that
portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas,
but does not include raised, open wood decking, or the water surface of
swimming pools.
g. Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales,
etc.) associated with the development except for average driveway
crossings, is prohibited by any persons.
h. Filling in, piping or altering any designated 5:1 curb outlet swale or vegetated
area associated with the development is prohibited by any persons.
i. A 30' vegetated buffer must be maintained between all built -upon area and
the Mean High Water line of surface waters. All roof drains shall terminate at
least 30' from the Mean High Water mark.
j. Each designated curb outlet swale shown on the approved plan must be
maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or
flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10
year storm in a non -erosive manner, maintain a dense vegetated cover, and
be located in either a dedicated common area or a recorded drainage
easement.
Page-5 of 8

State Stormwater Management Systems
Permit No. SW7051026
Ill. 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 ma 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.
9. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 13th day of December, 2005.
NO TH CARO
ENVIRONMENTAL MANAGEMENT COMMISSION
for
Haan vv. KhmeK, t-&., uirector
Division of Water Quality
By Authority of the Environmental Management Commission
Page 6 of 8

State Stormwater Management Systems
Permit No. SW7051026
Lynnwood Highlands
Stormwater Permit No. SW7051026
Craven County
Designer's Certification
1, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/ weekly/ full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included'in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Page 7 of 8

State Stormwater Management Systems
Permit No. SW7051026
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, and
a forebay,
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Washington Regional Office
Craven County Building Inspections
Page 8 of 8

OFFICE USE ONLY
Bate Received Fee Paid Permit Number
^�
State of North Carolina Sl/il-K j0 31,
Department of Environment and Natural Resources RECEIVED
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORJUT 2 8 2005
This form inay be photocopied for use as an original n [�
1. GENERAL INFORMATION DWQ-WARO
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):
/r
3. Mailing Address for person listed in item-r2 above:
ZOO 4 csa fr b� fr+�,c N
City:_ G2 1� e;? N U 1(0 State: Zip: Z i f�Sg
Telephone Number. (Z $ Z } 3 ES- 'Zoo d
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
J
5. Location of Project (street address):
5 4e .. - Ai i- e
JV G S i2
) I v
City:
County:
6. Directions to project (from nearest majorintersection):
�te. Lt 5 �7rrO �as`� T'ro ►w � ��
gr�; ��►
�r�1
� P � `f" d ns
4L es
7. Latitude: 3't 5-9 Zr ) Longitude:_ % 6
Vv
of project
8. Contact person who can answer Q estions about the project:
Name: --
_ _;1e� � rV Telephone Number: 2 S Z
.a ► A, (. TT})oMAS'744 G Ga1. Cvk-,—
IL PERMIT INFORMATION:
I. Specify whether project is (check one): +'New Renewal Modification
Form SWU-101 Version 3.99 Page I of

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one): CO V �4 !/ ko w De "'S.I
Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major ✓ Sedimentation/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 stormwat+errrma�nlagement for the project. 11
17a l A^ LA., I. f Q i..J�y C�- ! t?1 t %4Y `I �� �1 i� d �7 C1 C. t"c
cti, 'r l 4 T s .. 5 r L*
2. Stormwater runoff from this project drains to the Q 4 SQ River basin.
3. Total Project Area: 75�• 4 acres 4. Project Built Upon Area: a %
5. How many drainage areas does the project have? I
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the
,same
nformat as b low.
Q v Qn 0.
Basin Information
Area 1
Drainage Area 2
Receiving Stream Name
/IDrainage
C i2oo Ka k N
C� o- �_,
Receiving Stream Class
S C $ N$ v9i
S G10
Drainage Area
7 5. 6If - a e-
p Zg G
Existing Impervious' Area
— a --
a
Proposed lmperviousArea
Z. Z . S!J
% Imperviouso Area (total)
3 v %,
3 f? .
Impervious Surface Area
Drainage Area I
Drainage Area 2
On -site Buildings
6 $ axopb 5
6�p S
On -site Streets
Z g Z 60 5
61 S
On -site Parking
On -site Sidewalks
Other on -site
=
--
Off -site
Total: 84
Total: CO, , Zl9S ! S as
'Impervious area is defined as the built upod area including-7but not lied to, buildings, roads, parking areas,
sidewalks, gravel areas, etc. RECE-JIVEn
Form SWU-101 Version 3.99 Page 2 of 4 DEC 12 2005
AWQ
PROD #

7. How was the off -site impervious area listed above derived? &/A T
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized 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.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State
Lays rot - 10)3 3Zao574
2. No more than 6�5 201 �3og sgtdai�� of n lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater 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.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form 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 by initialing in the space provided
next to each item.
• Original and one copy of the Stormwater Management Permit Application Form
• 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 fW
-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):_ e�lai�,� l�-�, , 1�60%A--,% (��t y� �sLS �`veo�r -VP4
Mailing Address: , d , 1 a S
City: N State: % C- Zip: z s 3
Phone: { Z S Z ) 6 3 '7 - 2' 7 Z''] _ Fax: (Z S Z ) b 3�-
r (� --.,-.. A S '2 4. 4- G_�' ti- (. G U
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 cc}venants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 21-1.1000F / I i
Signatu
Form SWU-101 Version 3.99 Page 4 of
Date: Z 4s

DETENTION POND ANALYSIS - FILE NAME: C:ISTORMWATERIPOND1SW7051026
PROJECT* SW7 051026
PROJECT NAME:
REVIEWER: Svinson
DATE: 28-Nov-05
Receiving Stream: Crooked Run Class: SC; Sw, NSW
Drainage Basin: Neuse Index No. 27-108-1
Site Area 75.64 acres
Drainage Area 132477 01. square feet Area = 30.43 acres
IMPERVIOUS AREAS
Rational C
Lots 258600.00 square feet
Streets 246619.00 square feet
square feet
square feet
square feet
square feet
TOTAL af16219(i0, square feet Rational Cc= 0.12
SURFACE AREA CALCULATION
% IMPERVIOUS
38.12%
SAIDA Ratio
1.71 %
Des. Depth
6.5
Req. SA
22610 sf
TSS:
90
Prov. SA
...,........'464„ sf
VOLUME CALCULATION * place a "1" in the box if Rational is used
Rational ?*
Des. Storm
....... .:':..1 f
inches
Rv=
0.39
Bottom
9.5 msl
Perm. Pool
:......::::..:.7 C ,O,r. msl
Design Pool
18.5 msl
Design SA
29884 sf
Req. Volume
43414':
cf
Prov. Volume
>66f%._
cf
ORIFICE CALCULATION
Avg. Head =
Flow Q2, cfs
Flow Q5, cfs
No. of Orifices
Diameter, inches
Drawdown =
FOREBAY
Perm. Pool Volume= 90623
Req. Forebay Volume= 18124.E
Provided Volume= 17506.00
Percent=
SA @ -
Elevation=
1.20 ft
Q2 Area =
0,251 cfs
Q5 Area =
0.100 cfs
Orifice Area
��� <°�
Q=
weir HxW
`.
2
days
COMMENTS
Surface Area, Volume and Orifice are within Design Guidelines
6.87
sq. in.
2.75
sq. in.
4.91
sq'. in.
0.180
cfs
in x
:..... in

Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:[phone]
email: [e-mail]
HAND DELIVERED
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Scott Vinson
Re: Stormwater Plan "Express Permitting"
Lynnwood Highlands
Craven County
2004-020
Dear Scott,
December 12, 2005
RE CETVV�73
DEC 12.. 2M5
flwQ
PROD #
Please find enclosed the Revised Stormwater Management Plan Submittal for the
referenced project for your approval per your latest comments. Enclosed items include
two copies of the revised sheet 2 of 4 of the Stormwater Application, two copies of the
revised sheet 6 of the Stormwater Report, and two copies each of the revised sheets 2 &
18 of the Plans. Please insert revised sheets in the appropriate places.
If you should have any questions or comments, please do not hesitate to call.,
Thanks for your help. I hope you are doing well.
G. Thomas, P.E.

Lynnwood Highlands November 22, 2005
Craven County 2004-020
Stormwater Management Report
SUPPORTING CALCULATIONS
L Overall Pro'ect Data
A. Site Data
RECEIVED
DEC f 2 2005
nwQ
1. Built Upon Area PROD
Streets, Curbs & Gutter.....................................282,600 sf
Houses, driveways, etc. on lots: ......................... 698,000 sf
Total Built Upon Area.....................................980,600 sf (22.5115 ac)
2. Total Area.................................................3,294,878 sf (75.64 ac)
3. Percent Impervious Area
( 980,600 sf / 3,294,878 sf ) (100) = 29.76 % < 30% (Overall Low Density)
4. Per Lot Impervious Cover Restrictions:
Lots 101- 173 .......... 3200 sf
Lots 201-303 ...........4300 sf
2. Drainame Basin # 1 (Wet Pond Treatment)
A. Site Data
2. Built Upon Area
Streets, Curbs & Gutter ...................................... 142,619 sf
Houses, driveways, etc. on lots: .......................... 362,600 sf
Total Built Upon Area.....................................505,219 sf (11.5982 ac)
2. Total Area.................................................1,325,477 sf (30.4288 ac)
3. Percent Impervious Area
( 505,219 sf / 1,325,477 sf) (100) = 38.5 % Use 40 %
B. Determination of Wet Detention Pond Surface Area (Stormwater Pond # 1)
1) Reference Attachment "A" 90% TSS removal without vegetative filter
2) Proposed Pond Depth: 6.5 ft
Page 6

Bill Clark Homes
7�ui(di'n tie ra tion
RECEIVF.
DEC 7 4 2005
November 14, 2005
Mr. Scott Vinson DWQ-WARO
Environmental Engineer
Washington Regional office
N.C. Department of Environmental and Natural Resources
943 Washington Square Mall
Washington, N.C. 27889
Re: SW Project #SW7051026
Dear Mr. Vinson:
Please accept this letter as written confirmation that Mr. Robert L. Sithens is
authorized to sign, on behalf of Bill Clark Homes of Greenville, L.L.C., the application
for the state stormwater permit for Lynwood Highlands.
Should you have any questions in this regard please do not hesitate to telephone
me at the telephone number indicated below.
Very truly yours,
J e�i. Migliore
President
Bill Clark Homes of Greenville, L.L.C.
200 East Arlington Boulevard, Suite R, Greenville, North Carolina 27858
Office_ 252-355-2000 • Fax: [phone] p
wwvv. billclark homes. com ,

Re: [Fwd: Re: Lynnwood Highlands]
Subjedt: Re: [Fwd-. Re: Lynnwood Highlands]
From: [e-mail]
Date: Mon, 12 Dec 2005 08:51:01 EST
To: [e-mail]
Scott ..................I will have it sent over before noon today, thanks for the reminder ....... later, john
In a message dated 12/9/2005 3:48:55 PM Eastern Standard Time, [e-mail] writes:
John,
I have still not received your resubmittal package for Lynwood Highlands
that
I was needing Wednesday. Could you please email and call to leave a message
regarding the status of the project? The 3 corrected items are listed
at the bottom '
of this in my original email on 11/28/05 at 3:04 PM. 1 need them by Monday.
Thank you,
Scott
E
<Subject.- Re:Lynwood Highlands
<From: Scott Vinson <[e-mail]>
<Date! 12/6/2005 11:41 AM
<To: [e-mail]
Thank you. I was beginning to get worried that maybe one of our
secretaries gave my package to Roger or Bill. The office here gave
us a flu shot 2-3 wks. ago, I hope it's not too late for you. Take care,
Scott
[e-mail] wrote:
> Scott,
> Half of my employees have been out with the flu. One came back today,
> so it is probably a matter of time before I get struck. I should be
> able to get this back to ya today or tomorrow...... thanks.
> Later,
> John
> John G. Thomas, PE
> Thomas Engineering, PA
> 403-C Airport Road
> P. O. Box 1309
> New Bern,,NC 28563
> 252-637-2727. (office)
> 252-636-2448 (fax)
> 252-671-5855 (cell)
> [e-mail] <mailto:[e-mail]> (email)
John,
thanks, I will be in Raleigh all day tomorrow, but I should be able to issue
the permit first thing Thursday morning if the changes come in tomorrow.
Scott
1 of 2 12/12/2005 3:43 PM

Re: [Fwd: Re: Lynnwood Highlands]
J %
[e-mail] wrote:
> Scott .... I should have the changes to you before noon
> tomorrow..... thanks.
> Later,
> John
> John G. Thomas, PE
> Thomas Engineering, PA
> 403-C Airport Road
> P. O. Box 1309
> New Bern, NC 28563
> 252-637-2727 (office)
> 252-636-2448 (fax)
> 252-671-5855 (cell)
> [e-mail] <mailto:[e-mail]> (email)
I>
> In a message dated 11/28/2005 3:04:07 PM Central Standard Time,
> [e-mail] writes:
>
> John,
> I need three items added/corrected on the plans in order to be
> able to
> issue the
> Stormwater Permit for this project.
> 1) Could you change the 4" diameter "open end pipe" to include a
> 2.5"
> diameter orifice
> on the outlet structure detail? The small diameter draw down
> orifice was changed from
> 4" to 2.5".
> 2) Could you add the required "Easements" labeled down the lot lines
> for both the curb outlet
> swales and the pipes?
> 3) We seem to be getting particular to having ponds outlet before
> the
> 50' Neuse Buffer to have a
> flow spreader mechanism. Could you add one at the outfall
> of the .
> pond?
> If you could send 2 revised copies of sheets 2 & 18 1 will
> exchange them
> out.
> Please call or write if you have any questions.
> Scott Vinson
>
>
2 of 2 12/12/2005 3:43 PM

Anood Highlands
Subject:"ke: Lynwood Highlands
From: Scott Vinson <[e-mail]>
Date: Tue, 29 Nov 2005 08:09:48 -0500
To: [e-mail]
CC: Lyn Hardison <[e-mail]>
John,
thanks, I will be in Raleigh all day tomorrow, but I should be able to issue
the permit first thing Thursday morning if the changes come in tomorrow.
Scott
JThomas744(a�,aol.com wrote:
111A.,/ps
4 ia'.5�5,Aw
I\i of 2
J
Scott .... I should have the changes to you before noon tomorrow.....thanks.
Later,
John
John G. Thomas, PE
Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309
New Bern, NC 28563
252-637-2727 (office)
252-636-2448 (fax)
252-671-5855 (cell)
[e-mail] (email)
In a message dated 11/28/2005 3:04:07 PM Central Standard Time cott.Vinson a ncma11.net
writes:
John,
I need three items added/corrected on the plans in order to be able to
issue the
Stormwater Permit for this project.
1) Could you change the 4" diameter "open end pipe" to include a 2.5"
diameter orifice
on the outlet structure detail? The small diameter draw down
orifice was changed from
4" to 2.5".
2) Could you add the required "Easements" labeled down the lot lines
for both the curb outlet
swales and the pipes?
3) We seem to be getting particular to having ponds outlet before the
50' Neuse Buffer to have a
flow spreader mechanism. Could you add one at the outfall of the
pond?
If you could send 2 revised copies of sheets 2 & 18 1 will exchange them
out.
Please call or write if you have any questions.
Scott Vinson
y) C,4W l � w� "dos 1, - 1•- nn .,
ro ' 5zv1 . . ,�v �. i.tic 36.2 6oD cf r'�
1�71r0 5 P/j`' 4 �[ �_ / _) f 1 1/24/2005 8:10 AM
w i-s"O r, , � Y oZ 5 -, b � � � Gt r CeF� knr i n P;O- 0( C1t� 5 ��rh Csl `c K LG� i14+ 5 <0

[Fwd: Re: Lynnwood Highlands]
Subject: [Fwd: Re: Lynnwood Highlands]
From: Scott Vinson <[e-mail]>
Date: Fri, 09 Dec 2005 15:48:38 -0500
To: John Thomas <[e-mail]>, Lyn Hardison <Lyn.Hard [e-mail]>
John,
I have still not received your resubmittal package for Lynwood Highlands that
I was needing Wednesday. Could you please email and call to leave a message
regarding the status of the project? The 3 corrected items are listed at the bottom
of this in my original email on 11/28/05 at 3:04 PM. I need them by Monday.
Thank you,
Scott
<Subject: Re:Lynwood Highlands
<From: Scott Vinson <[e-mail]>
<Date: 12/6/2005 11:41 AM
<To: [e-mail]
Thank you. T was beginning to get worried that maybe one of our
secretaries gave my package to Roger or Bill. The office here gave
us a flu shot 2-3 wks. ago, I hope it's not too late for you. Take care,
Scott
[e-mail] wrote:
Scott,
Half of my employees have been out with the flu. One came back today, so it is
probably a matter of time before I get struck. I should be able to get this back
to ya today or tomorrow...... thanks.
Later,
John
John G. Thomas, PE
Thomas Engineering, PA
403-C Airport Road
P. 0. Box 1309
New Bern, NC 28563
2h2-637-2727 (office)
252-636-2448 (fax)
252-671-5855 (cell)
[e-mail] <mailto:[e-mail]> (email)
John,
thanks, I will be in Raleigh all day tomorrow, but I should be able to issue
the permit first thing Thursday morning if the changes come in tomorrow.
Scott
[e-mail] wrote:
Scott .... I should have the changes to you before nocn tomorrow..... thanks.
Later,
John
John G. Thomas, PE
Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309
New .Bern, NC 28563
252-637-2727 (office)
252-636-2448 (fax)
252-671-5855 (cell)
1 of 2 12/9/2005 3:49 PM

[Fwd: Re: Lynnwood Highlands]
[e-mail] <mailto:[e-mail]> (email)
In a message dated 11/28/2005 3:04:07 PM Central Standard Time,
[e-mail] writes:
John,
I need three items added/corrected on the plans in order to be
able to
issue the
Stormwater Permit for this project.
1) Could you change the 4" diameter "open end pipe" to include a
2.5"
diameter orifice
on the outlet structure detail? The small diameter draw down
orifice was changed from
4" to 2.5".
2) Could you add the required "Easements" labeled down the lot lines
for both the curb outlet
swales and the pipes?
3) We seem to be getting particular to having ponds outlet before
the
50' Neuse Buffer to have a
flow spreader mechanism. Could you add one at the outfall
of the
pond?
If you could send 2 revised copies of sheets 2 & 18 I will
exchange them
out.
Please call or write if you have any questions.
Scott Vinson
1
2 of 2 12/9/2005 3:49 PM

S,W705-/0,A6
Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:[phone]
email: [e-mail]
HAND DELIVERED
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Scott Vinson "
Re: Stormwater Plan "Express Permitting"
Lynnwood Highlands
Craven County
2004-020
Dear Scott,
November 23, 2005
IIECEID
Nov 2 3 2061
DWQ-WARo
Please find enclosed the Revised Stormwater Management Plan Submittal for the
referenced project for your approval per your comment letter dated November 10, 2005.
Enclosed items include two copies of the revised sheet 1 of 4 of the Wet Detention Basin
Supplement, two copies of the revised sheet 1 of 3 of the Curb Outlet Swale Supplement,
two copies each of the Revised Stormwater Report and Plans, two copies of the Neuse
River Riparian Area determination, and two copies of the letter of authorization
concerning Mr. Bob Sithens. Please insert revised sheets in the appropriate places. Also
attached is check # 5769 in the amount of $1000.00.
If y6u should have any questions or comments, please do not hesitate to call.
S7.;�G
1 ,
J Thomas, P.E.
Is

hl'
5769
THOMAS ENGINEERING, P.A.
BBU
P.O. BOX 1309
Branch Flanking and Trust Company
NEW BERN, NC 28563-1309
fib-112l531
PH 1252)-637-2727
11/22/2005
PAY TO HE NCDE:NR
$'*1,000.00
ORDEROneThousandand
DOLLARS
NCDENR
,8
MEMO:
L)'1111WOOLI 1-ligitlanils Stmill '.atcr Fee

THOMAS ENGINEERING, P.A.
5769
NCDEN R
1 1/22/2005
Customer Soh Matcrials:Slonnwatcr Pennit Lvii nrood I lighlands Stonrm'ater Fee
RECEIVED
NOV 2 3 2005
DWQ-WARD
f
111ch Hank and Trust Co Lynnwood I hohlands Storinwater Fee

Nov 14 05 0820e Jim migliare
xr.'aDZU7b r 1j f.
November 14, ZOOS
BUI Clary Momes
suains ffie %Awmon
W. Scott Vinson
Boviromyiental Engineer
tiWashizgton Regional office
N.C. 0apartrnent ofI�nvironmenial =d Natural Rgsourcea
943 Washington Square Mail
We5hingtan, N.C. 27989
Re, SW Project #S W7U51 A2G
Aeaz Mr. "Vinson:
RED
NOV 232M
DWQ-WAR®
Please accept this iecter as w7incri cor.i'u'a miou that Mr. Robert L. Sithons is
auchmiiled to sign, oa behalf of Sill Clan: Hamm of Grocnviile, L.L.C., the applicaLio.)
for the state stormwauz permit for Lynwood Highlands,
Should you have any questions in this regard please do not besiwe to telephone
me at the telephone number indicated below.
Very truly yours,
1ae.Mfgllore
President
Bill Clark Homes of Orecrnille, L L.0
200 BstArlinalon Boulevard, Suite R. Groarvillo, North C rcline 27858
Offte; 252-395-20M r Fax: [phone]D6
www. billclarkhomes_corn

Nov 14 05 Q6:20a Jim hligiore
I4Q&OQ;;I7 =i 1 .r
Novtmber 14, 2005
BUI Clark Momes
1sufidirs tie ?radf'6an
Mr. Scoct Viason
Envixownental Engineer
WaSh ngton Regional office
N.C. Depmlmeat of.Uvirottm"al and Natural Resources
943 Washington Square Mall
Washingm N.C, 27899
Re: $ W "= #S W7051026
Dear .Mr. Vinson:
r _A s A, i r r;.4
NOV 2 3 200
DWQ-WAR®
Please accept this lector as written aor.ftrtnation that Mr. Rod. r4 L. Sithens is
aurhoTued to sign, oa behalf of Bill CIark 1•lomes of C,recnviIle, L.L.C., the appiicatiul
for the slate s rmwater permit for Lynwood Highlands.
ShoWd you have any questions in this retard please do not hesitwe to telephone
me at the telepltonc number indicated below.
very twlyyours,
.fae.Migllore
President;
Bill Clark Homes of Oroenville, I—L.C,
200 EnstAdington 80Ulevard, Suito R, GroarWle, North Gamllma 27658
Offhw: 252-396.2000 • Fax: [phone]
www, billclarkhomes.Gom

O�0� W A rF14QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Q Y Alan W. Klimek, P.E. Director
Division of Water Qualan
November 10, 2005
Mr. Robert Sithens, Area Manager
Bill Clark Homes of Greenville, LLC
200 East Arlington Blvd. Suite R
Greenville, NC 27858
Subject:
Dear Mr. Sithens:
Stormwater Review SW7051026
Lynnwood Highlands
Craven County
This office received a Coastal Stormwater permit application and plans for the subject project on
October 28, 2005. A preliminary review of the project indicates that before a State Stormwater permit'
can be issued the following additional information is needed.
i Please provide either an original signed application/supplement forms by a Partner within Bill
Clark Homes of Greenville, LLC or an original letter from a Partner giving yourself permission to
sign this stormwater application on behalf of the LLC.
Per wet detention pond design requirements, please route all piped stormwater into the forebay of
the pond (pipe between lots 241 & 242). If you so desire, the stormwater from C13#27 & C13#28
can be allowed to drain through a minimum 100-foot long, 5:1 curb outlet swale that does not
have to drain to the pond. V
Please provide the 25% additional information fee associated with the Express Stormwater
Review Program of $1000.00 by check made payable to "NC DENR".
The above requested information must be received in this office prior to November 18, 2005 or
your application will be returned as incomplete. The return of this project will necessitate resubmittal of
all required items including the application fee. If you need additional time to submit the required
information, please mail or fax your request for time extension to this office at the Letterhead
address.
You should also be aware that the Stormwater Rules require that the permit be issued prior to any
development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North
Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day.
Please reference the Stormwater Project Number above on all correspondence. If you have
questions, please feel free to contact me at [phone].
Sincerely,
Scott Vinson
Environmental Engineer
Washington Regional Office
cc: Jo n Thomas, PE
LooWashington Regional Office
aX
NorthCai
Natur,
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
Internet: h2o.enr.state.nc.us 943 Washington Squarc Mall, Washington, NC 27889 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% Post Consumer Paper

Re'LYi179od Highlands
Subject: Re: Lynnwood Highlands
From: [e-mail]
Date: Fri, 18 Nov 2005 08:47:54 EST
To: [e-mail]
Scott ............ thank you ...... have a nice weekend -later, john
In a message dated 11/18/2005 7:44:29 AM Central Standard Time, [e-mail] writes:
John,
yes, I can grant you an extension until next Tuesday to submit the
information.
Scott
[e-mail] wrote:
> Scott,
> Would it be acceptable for me to request an extension of time on this
> until next Tuesday, November 22, 2005, to provide you with the
> additional information you requested on this project.
>
> John
> John G. Thomas, PE
> Thomas Engineering, PA
> 403-C Airport Road
> P. O. Box 1309
> New Bern, NC 28563
> 252-637-2727 (office)
> 252-636-2448 (fax)
> 252-671-5855 (cell)
> [e-mail] <maiIto: [e-mail]> (email)
> In a message dated 11/17/2005 1:22:04 PM Central Standard Time,
> [e-mail] writes:
> Later,
> John,
> I was wondering if you had any questions about my additional information
> request letter, dated 11/10/05, for this project? Please remember that if
> you provide any additional 100' long, 5:1 sloped curb outlet swales that
> they should be added to the Curb Outlet Supplement form.
> Please call or write if I can help answer any questions,
> Scott
>
1 of 1 11/29/2005 8:10 AM

,Re: Lynnwood Highlands '
Subject: Re:' Lynnwood Highlands
From: [e-mail]
Date: Fri, 18 Nov 2005 08:36:19 EST
To: [e-mail]
Scott,
Would it be acceptable for me to request an extension of time on this until next Tuesday, November 22,
2005, to provide you with the additional information you requested on this project.
John
John G. Thomas, PE
Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309
New Bern, NC 28563
252-637-2727 (office)
252-636-2448 (fax)
252-671-5855 (cell)
jthomas744(c7aol.com (email)
In a message dated 11/17/2005 1:22:04 PM Central Standard Time, [e-mail] writes:
Later,
John,
I was wondering if you had any questions about my additional information
request letter,. dated 11/10/05, for this project? Please remember that if
you provide any additional 100' long, 5:1 sloped curb outlet swales that
they should be added to the Curb Outlet Supplement form.
Please call or write if I can help answer any questions,
Scott
I of 1 11/18/2005 8:44 AM

Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:[phone]
email: [e-mail]
NAND DELIVERED
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Scott Vinson
Re: Stormwater Plan "Express Permitting"
Lynnwood Highlands
Craven County
2004-020
Dear Scott,
October 27, 2005
RECEIVED
OCT 2 8 2005
DWQ-WARQ
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, two copies of the Wet Detention
Basin Supplement, two copie of the Curb Outlet Swale Supplement, two copies each of
the Stormwater Report and PIans, and two copies of the Neuse River Riparian Area
determination. Also attached is check # 5691 in the amount of $4000.00.
If you should have any questions or comments, please do not hesitate to call.
Sincer ,
r! G. Thomas, P.E.
CADocuments and SettingsVohn G Thomas Sr\My DocumentsljohngtWrojects\Lytmwood Highlands 2004-0201Genera1LSWMLdoc

Micnaet r. rAstey, Uovernor
1
William G_ Ross Jr- Secrdary
North Carolina Department of Environment and Nanaal Resources
.. �9QG
�o�or
Go
>
�
-i
o
�
0 2 3 20bs
ONVApo
August 10, 2005
Subject Property: 290 E Fisher Avenue
New Bern, NC 28560
Alan W, Klimek. P.E. Director
. Division of Water Quality
DWQ Project # NRRT05-0023
Craven CountN'
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B .0233)
Dear Mr. Thomas:
On 8/10/05, at your request I conducted an on -site determination to review 3 features located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The streams are
labeled as "1", "2," and" 3" on the attachedmap initialed by me on 8/31/05.
At your request, I conducted an on -site determination as stated above. During my.review I evaluated the
stream using the DWQ Stream Classification Form. I evaluated the stream reach labeled "2" and
calculated the score to be 20 points. I evaluated the stream reach labeled "3" and calculated the score to
be 25.5 points. I evaluated stream reach labeled "1" and calculated the score to be less than 19 points.
The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent".
The Division of Water Quality (DWQ) has determined that the surface water labeled as "2" on the
attached map is intermittent and is subject to the Neuse Buffer Rule. The Division of Water.
Quality (DWQ) has determined that the surface water labeled as "3" on the attached map is
intermittent and is subject to the Neuse Buffer Rule. These stream and their associated buffers should
be identified on any future plans for this property. The owner (or future owners) should notify the DWQ
(and other relevant agencies) of this decision in any future correspondences concerning this property.
This on -site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local
Authority that "a surface water exists and that it is subject to the buffer rule may request a determination
by the Director. A request for a determination by the Director shall be referred to the Director in writing
c/o'Cyndi Karoly, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals
that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface eater
from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start
until the affected party (including downstream and adjacent landowners) is notified of this decision.
DWQ recommends that the applicant conduct this notification in order to be certain that third party
appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a
hearing within 60 days.
401 Wetlands Certification Unit
1650 Mad service Center, Raleigh, North Carding 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX 919.733-M i Intemet: http:llh2o. enr. stat e.nc. uslncwetl a nds
No hCa.roiina
.1vatu11711y

%
Page 2 of 2
Date
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the
State. 1f you have any additional questions or require additional information please call me (252) 514-
4748
Sincerely,
Jason Green,
DWQ, Neuse River Response Team
DEIJCG
Enclosures: Havelock USGS 7.5 minute topographic quadrangle
cc: Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Filename:

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CopYrw (C) im. whoach, hie. Y

wAr�9Q�
r Uj p
GOV
r
OCT 2 g 2005
I)WOAR0.
Michael F. Easley, Governor
rcl'r.
William G. Ross Jr- Secretary
Noah Carolina Department or Environrnent and Natural Res -
August 10, 2005
Subject Property: 290 E Fisher Avenue
New Bern, NC 28560
Alan W. Klimek, P.li Director
Division of water Quality
DWQ Project # NRRT05-0023
Craven Countv
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B .0233)
Dear Mr. Thomas:
On 8/10/05, at your request I conducted an on -site determination to review 3 features located on the
subject property for applicability to the Neuse Buffer Rules (I5A NCAC 213 .0233). The streams are
labeled as "L", "2," and " 3" on the attached map initialed by me on 8/31/05.
At your request, I conducted an on -site determination as stated above. During my review 1 evaluated the
stream using the DWQ Stream Classification Form. I evaluated the stream reach labeled "2" and
calculated the score .to be 20 points. I evaluated the stream reach labeled "3" and calculated the score to
be 25.5 points. I evaluated stream reach labeled "1" and calculated the score to be less than 19 points.
The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent".
The Division of Water Quality (DWQ) has determined that the surface water labeled as "2" on the
attached map is intermittent and is subject to the Neuse Buffer Rule. The Division of Water
Quality (DWQ) has determined that the surface water labeled as "3" on the attached map is
intermittent and is subject to the Neuse Buffer Rule. These stream and their associated buffers should
be identified on any future plans for this property. The owner (or future owners) should notify the DWQ
(and other relevant agencies) of this decision in any future correspondences concerning this property.
This on -site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local
Authoritv that a surface water exists and that it is subject to the buffer rule may request a determination
by the Director. A request for a determination by the Director shall be referred to the Director in writing
c/o Cyndi Karoly, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals
that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water
from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start
until the affected party (including downstream and adjacent landowners) is notified of this decision.
DWQ recommends that the applicant conduct this notification in order to be certain that third party
appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a
hearing within 60 days.
401 Wetlar& Certification Unit Nn` na
atuffluralCY
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phan: 919-733.1786/FAX[phone]/Intemet:htt://h2o.enr.state.no.uslncwetlands

Applicant
Page 2 of 2
Date
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the
State. If you have any additional questions or require additional information please call me (252) 514-
474$
Sincerely,
Jason Green,
DWQ, Neuse River Response Team
DE/JCG
Enclosures: Havelock USGS 7.5 minute topographic quadrangle
cc: Kyle Barnes. DWQ Washington Regional Office
File Copy
Central Filcs
Filename:

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