SW7060212_HISTORICAL FILE_20100812

STORMWATER.DIViSION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW 7eyzA1�}
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
C?HISTORICAL FILE
DOC DATE
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YYYYMMDD

$K 16 7 0 ro 8 9 Z
MWFORT COUPSW LAW MC'GR05; FOR REGISTRATION REGISTER OF DEEDS
JENNiEAU LEGORT COT WHITY, NCURST
ROUTING FE�RM -�-l: � 3 BEAUFORT COUNTY, NC
2009 JAN 21 12:10:48 PM
67 /- BK :1670 PG : 892-896 FEE : $23 , 00
Land Record9 official Datf X REVENUE STAMP : $2, 731. 00
INSTRUMENT # 2009000254
AUG 1 2 '?010
PREPARED BY AND RETURN TO:
RODMAN, HOLSCHER, FRANCISCO & PECK, P.A.
ATTORNEYS AT LAW
320 North Market Street
Post Office Box 1747
NORTH CAROLINA WASHINGTON, NC 27889
BEAUFORT COUNTY TELEPHONE: [phone]
THIS DEED, made this the -3,\ ;�, day of January, 2009, by
and between CHARLES C. EDWARDS, JR., Substitute Trustee in the
Deed of Trust hereinafter mentioned, hereinafter referred to as
"Grantor," First South Bank, 1311 Carolina Avenue, Washington, NC
27889, hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, on the 11Ch day of September, 2007, CYPRESS
COMMONS, LLC, executed and delivered unto THOMAS A. VANN, as
Trustee, a certalin Deed of Trust which is duly recorded in the
office of the Register of Deeds of Beaufort County, North
Carolina, in Book 1606, Page 686 to which reference is hereby
made; and
WHEREAS, by instrument dated October 8, 2008, and
appearing of record in Book 1661 Page 972, Beaufort County
Registry, CHARLES C. EDWARDS, JR. was substituted as Trustee in
the aforementioned Deed of'Trust; and
WHEREAS, default having occurred in the payment of the
indebtedness secured by the said Deed of Trust, due demand was

6K1670FG893
made on the Debtor by the owner and holder of the indebtedness
secured by said Deed of Trust; consequently, the Substitute
Trustee was instructed to foreclose the said Deed of Trust and
sell the property under the terms and conditions thereof; and
WHEREAS, under and by virtue of the power and authority
vested in CHARLES C. EDWARDS, JR., Substitute Trustee, Grantor
herein, by said Deed of Trust and according to the terms and
stipulations of the same, and having instituted a Special
Proceeding before the Clerk of Superior Court of Beaufort County
entitled 112008-SP-164", and after due advertisement, as in said
Deed of Trust provided and as by law required, and due and timely
notice having been given to the parties to said Special
Proceeding, and a proper hearing having been conducted on November
13, 2008, whereupon the Clerk of Superior Court of Beaufort
County, North Carolina, authorized the Grantor herein to proceed
under said Deed of Trust and sell the real property as herein
below described, Grantor, at 2.00 P.M. on January 5, 2009, did
expose the land described in the said Deed of Trust, subject to
all prior liens, unpaid taxes, restrictions, easements and
assessments of record, if any, for sale at public auction at the
Beaufort County Courthouse steps in Washington, North Carolina;
when and where Grantee herein became the last and highest bidder
for said land at the price of ONE MILLION THREE HUNDRED FIFTY-
EIGHT THOUSAND FIVE HUNDRED EIGHTY --FIVE AND 56/100 DOLLARS
($1,358,585.56); and
WHEREAq, the above named Grantor duly reported the land
sale to the Clerk of Superior Court of Beaufort County, as by law
required, and thereafter said sale remained open for ten (10) days
and no advance bid was placed thereon in the time allowed by law;
and
WHEREAS, said purchase price has now been fully paid or
amount credited upon payment of balance of Note;
NOW, THEREFORE, in consideration of the premises and the
payment of said purchase price by Grantee, the receipt of which is
hereby acknowledged, and pursuant to the authority vested in him
by the terms of the said Deed of Trust, Grantor does hereby

8X1670PG894
bargain, sell, grant and convey unto Grantee, its successors and
assigns, all that certain tract or parcel of land lying and being
in Beaufort County, North Carolina, more particularly described as
follows:
All that certain tract or parcel of land lying and being situate in Chocowinity
Township, Beaufort County, North Carolina and being more particularly described as
follows:
THAT CERTAIN tract or parcel of land containing 1.72 acres, more or less,
identified by the word "COMMERCIAL" as the same is shown on that map
prepared by David L. Jones, Jr., Registered Land Surveyor, dated October 9,
1995, and identified by the following legend: "A Survey For Weyerhaeuser
Real Estate Company Cypress Landing Subdivision Commercial Site." This
map is of record in Plat Cabinet E, Slide 66-9, Beaufort County Registry and
further reference is hereby made to said map for a more complete and accurate
description of this property.
Further reference is made to that certain deed dated November 10, 1995 and
recorded in Book 1033, Page 900 of the Beaufort County Registry. This
property is subject to the terms and conditions as described in Exhibit "C" and
Exhibit "D" of the aforesaid deed.
TO HAVE AND TO HOLD the said land and all improvements
thereon, together with all privileges and appurtenances
thereunto belonging unto the said Grantee, its successors and
assigns, forever, in as full and ample a manner as Grantor,
Substitute Trustee, is authorized and empowered to convey the
same.
IN WITIJESS WHEREOF, Grantor, Substitute Trustee of the
aforesaid Deed of Trust, has hereunto set his hand and affixed
his seal, this the day and year first above written.
(SEAL)
CHARLE C. EDWARDS, JR.
SUBSTIT TE TRUSTEE

aK16-70PG895
NORTH CAROLINA
BEAUFORT COUNTY
Before me, the undersigned Notary Public in and for
the aforesaid State and County, this day personally appeared
CHARLES C. EDWARDS, JR, Substitute Trustee, and acknowledged the
due execution by him -of the foregoing Trustee's Deed for the
purposes therein expressed.
Witness my hand and Notarial Seal., this the of
January, 2009.
0 '�pTgR� o
� iJ?n
My S
(�7
PUBLIC
Tres:
C

Bk1670N',896
. JENNIFER LEGGETT WHITEHURST
BEAUFORT COUNTY REGISTER OF DEEDS
COURTHOUSE BUILDING
112 W. 2ND STREET
WASHINGTON, NC 27889
rsxsxssrsrfssrsrssxsrs,�srr:srsrxxrarrs�r4ssrrsssrssrrxrraarxrrrrasraaas+aaa+a+ax+rx.,sr�,rx+rxrxxrxrxxaxxxxrxxxx+xr+++aaxa
Filed For Registration:
Book
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
01/21/2009 12:10:48 PM
RE 1670 Page: 892-896
2009000254
DEED 5 PGS $23.00
$2,731.00
ELIZABETH HOWARD
*2009000254*
2009000254
Gh 1.p Ed 0"5 Zjz

. 1AMN V &
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 26, 2010
Mr. Thomas A. Vatu , President & CEO
First South Bank
PO Box 2047
Washington, NC 27889
Dee Freeman
Secretary
Subject: Stormwater Review SW7060212
Cypress Commons — Pennit Transfer Request
Beaufort County
Dear Mr. Vann:
This office received a Coastal Stormwater permit transfer application for the subject project on May 27, 2010. A
preliminary review of the form indicates that before a State Stormwater permit can be issued the following additional
information is needed.
The submitted Permit Transfer request form was not signed by the current permittee, please submit a revised form
which has been signed by both yourself and Mr. Stephen Atkins, Sr. or current Manager of Cypress Commons, LLC.
The above requested information must be received in this office prior to August 26, 2010 or your application will be
returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application
fee. !f 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
cc: Stephen Atkins, Manager — Cypress Commons, LLC
%l0ashington Regional Office
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Internet: www.ncwaterquality.org
Phone: [phone] FAX: [phone]
FAX: [phone]
One
NorthCarolina
Naturall#
An Enual Oncominity 5 Affirmative Action Fmolover

-� M nOr YM
AJZA. MAY 2 7 2010
WDENR
North Carolina Department of Environment and Natural Resources'
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION (�vy►"*F`f Co,
14bloc
1. Stormwater Management Permit Number:
2. Project Name; 55 IrI m t)rlS
3. Current Permit Hold is Company Name/Organization: C
4. Signing Official's Name:
9 9 S�� �.... �-.�--�C {` �," S Title:
{person legally responsible for permit)
5. Mailing Address:
City: State:i
6. Phone: { } �f=ax: ( )_
It. PROPOSED PERMITTEE 1 OWNER I PROJECT ! ADr'
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items, ,r"
1
❑ Name change of project {Please complete Item 5 belo%.' wti
® Change in ownership of the property/company (Please &. �? /%2, 3, and 4 below)
® Mailing address 1 phone number change. (Please complete.\ `aw)
❑ Other (please explain):
1 .�
1. Proposed permittee's company name/organization: /
2. Proposed permittee's signing official's name i �� %H�•m�s A• r��✓
3. Proposed permittee's Title: _ SrNiy _,�5� �fr%✓�
4. Mailing Address: ~ o
City: State: �N,)_C zip:
Phone: ( ) Fax: { }
5. New Project Name to be placed on permit: — &S 5 fr enS
Please check the appropriate box. The proposed permittee list d above is:.
❑ HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name
of HOA or POA in #1 above and provide name of HOA (POA) president in #2 above).
�C The property owner.
❑ Lessee (Attach-a•copy of,the tease agreement and complete Property Owner Information on
page 4) -
❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner
Information on page-4),-
7 Developer (Complete Property Owner Information on page 4)
SSW N/0 Change Rev,16Nov2009 Page 1 of 4

Ill., , REQUIRED ITEMS
This application package will not be accepted by' the Division of Water Quality unless all of the
applicable required items listed below are included with the submittal.
1. This completed and signed form.
2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee
and Proposed Permittee Sections)
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit and if not already submitted to DWO.
5. If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from
the Secretary of State office, which supports the named president, vice president, member, manager
or General Partner.
6. The $40.00 processing fee. If this is an initial transfer from the original Permittee to the property owner
or other responsible party such as an HOA, the processing fee is not required. Subsequent ownership
transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements:
❑ Check here if the Current Owner is only changing the owner name, company name or project
name, or the marling address, and will retain ownership of the permit.
I, , the current owner, hereby notify the Division of
Water Quality that I am changing my name or company name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed and that if all required supporting
information and attachments as outlined above are not included, this application package will be
returned as incomplete.
[S Check here if Current Owner is transferring (selling) the property to a new owner and will not
retain ownership of the permit.
I, ,ram _...rWW the current owner, am submitting this application for a transfer of
ownership for permit # I hereby notify DWQ of the sale or other legal transfer
of the stormwater system associated with this permit. I further acknowledge and attest that I have
transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the
DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and
Maintenance agreement and copies of past maintenance records to the Proposed Permittee named
in Sections II and V of this form at the mailing address listed in Section 11 of this form. I further attest
that I assign all rights and obligations as Permittee to the Proposed Permittee named in Section V of
�11Z''1-this form. I understand that this transfer of ownership cannot be approved by the Division of Water
Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs
this form. I understand that in the event the facility is not in compliance or the Proposed Permittee
does not sign this form, the responsibility to bring the facility into compliance and to comply with the
terms and conditions of the permit remains with me until such time as the Proposed Permittee signs
this form and the Qivision approve G
��t+t Signature: Date: 'a2
a Notary Public for the State of
County of�r/L do hereby certify that
Tv�y,� 5 mQ �� n ►'� personally appeared before me this,the
�r Sr day of 20�, and acknowledge the`due execution of the
(Notary Seal
forgoin instrument. Witness my hand and official seal, t _ (� ry )
P_ rlw�
Notary Signature CdMM1SS/ail Tt 2f-J 3 3
SSW N/0 Change Rev16Nov2GO9 Page 2 of 4

August 12, 2010
Mr. Scott Vinson
Environmental Engineer I1
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Re: Cypress Commons Documentation
Scott,
REC ,ff["1 F�
AUG 1 c 201Q
y )lv"J ti)-VVAR0
Attached are the two executed forms you requested for the Cypress Commons
(Chocowinity) location. Please review and complete any further required information
and provide me copies for our records.
Also attached, please find a copy of the deed transfer requested as proof of ownership for
First South Bank.
Scott, thank you for your assistance with processing our stormwater permit. Please let
me know if you have any questions or require additional information.
Steve runin per f
Vice�r'sidcn , Branch Services
Office\2`2-94 -4926
Cell 252-943=4745

JUN-22-2010 Tl1E 10,55 AM RIVERS ASSOCIATES INC FAX N0, 2527523974
P. 03
ivers
sincel97B
Project Name: Cypress Commons
Chocowinity, Beaufort County, North Carolina
Storrawater Management Permit No. SW7060212
Lu;inc:er,
1'I�uuters
Sur�re�>r�rti
Rivers and Associates, Inc, was authorized to provide inspection of the subject facility on May
12, 2010 and June 16, 2010.
As a duly registered Professional Engineer in the State of North Carolina, I hereby state that to
the best of my knowledge and belief, due care and diligence was used in the observation of the
project construction such that the construction was observed to have been built within substantial
compliance and intent with the approved plans and specifications.
Rivers and Associates, Inc.
License No. F-0334
GARO
Scott T. Anderson, P.E. T
Registration No. 28425 g
T. A�iQ
p�l.Q
pRp d #
107 E AKt Seukmd ,14rua, C;reesmille, NC 27858 • {era t Office Lox 929 • GML'11Yf11L'. NU 27835 • (2i2) 752.411.5 • FAX [phone]
Is-:11dII: PI\'01'YQ+T'IeCrRflridnSSOCI:1tCH.Qtflfl

JUN-22-2010 TUE 10:55 AM RIVERS ASSOCIATES INC FAX NO. 2527523974 P. 02
f
J
--rn�;i�ccrs
&Associates,lnc. Plsliners
Since 1916 tinrvevors
June 22, 2010
Mr. Jeffery A. Masuung
NC Department of Environment, Health and Natural Resources
Division of Water Quality
943 Washington Square Mall
Washington, North' Carolina 27889
Subject: Cypress Commons
Chocowinity, Beaufort County, North Carolina
Stormwater Management Permit No. SW7060212
Dear Mr. Manning:
Attached for your files is the Engineer's Certification for Cypress Commons located, in
Checowinity, NC.
Please do not hesitate to'call if you have any questions or need any additional information.
With best regards,
Rivers and Associates, Inc.
Scott T. derson, P.E.
Project Engineer
Attachment
cc: Mr. Steve Grraninger
First South Bann
1.07 Hiist SCC011[i StrLct, (,;,'ct nvlllc, k(l 378, $ • l`olt QFfice GreenvilIL, NC 27815 • (252) 752-41.35 • FAX (.aW) 752-3974

1 '
•' Vinson, Scott
From: Steve Gruninger [[e-mail]]
Sent: Thursday, August 12, 2010 5:48 PM
To: [e-mail]
Subject: Cypress Commons Certification
Attachments: rivers cert.pdf
Scott,
Per your request, see attached Engineer's Certification provided by Rivers & Associates. Please let me know if you need
further information. Thanks.
Steve Gruninger
First South Bank
O 252-940-4926
C 252-943-4745
NOTICE : This e-mail is intended solely for the use of the individual to whom it is addressed and may contain
information that is privileged, confidential or otherwise exempt from disclosure. If the reader of this e-mail is
not the intended recipient or the employee or agent responsible for delivering the message to the intended
recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is
strictly prohibited. If you have received this communication in error, please immediately notify us by replying
to the original message at the listed email address. Thank You. (mgate012009)
RECEIVED
AUG, 1-2 2010
nwQ
PR03 #

A
Plivej-
,
Since1918
June 22, 2010
Mr. Jeffery A. Manning
NC Department of Environment, Health and Natural Resources
Division of Water Quality
943 Washington Square Mall
Washington, North Carolina 27889
Subject: Cypress Commons
Chocowinity, Beaufort County, North Carolina
Stormwater Management Permit No. SW7060212
Dear Mr. Manning:
Engineers
Planners
Survevors
JUN 2 3 ZOID
Attached for your files is the Engineer's Certification for Cypress Commons located in
Chocowinity, NC.
Please do not hesitate to call if you have any questions or need any additional information.
With best regards,
Rivers and Associates, Inc.
Scott T. nderson, P.E.
Project Engineer
Attachment
cc: Mr. Steve Gruninger
First South Bank
107 East Second Street, Grceuville, NC 27858 • Post (office loos 9211 • Greenville, NC 27835 • (252) 752-=4135 • FAX [phone]
!�.-nuiil: rivers@rive�s:uulassueiates.com

BLIP
s
mL-..W IlivelArS.
&Associates,lnc.
Since1918
Project Name: Cypress Commons
Chocowinily, Beaufort County, North Carolina
Stormwater Management Permit No. SW7060212
Ln'irlcers
Planners
Surveyors
Rivers and Associates, Inc. was authorized to provide inspection of the subject facility on May
12, 2010 and .Iune 16, 2010.
As a duly registered Professional Engineer in the State of North Carolina, I hereby state that to
the best of my knowledge and relief, due care and diligence was used in the observation of the
project construction such that the construction was observed to have been built within substantial
compliance and intent with the approved plans and specifications.
Rivers and Associates, Inc.
License No. F-0334
Scott T. Anderson, P.E.
Registration No. 28425
,ARG�/ Iy'
?�� z
�vo�NNo�Qy♦;T.
107 East. Second Street, Greenville, ,NC 27858 • Post C.)ffice lids 929 • Greenville. NC'. 27535 • [phone] • FAX [phone]
Is' -mail: rivcrsOarivcrsantlassociatcs.eirnt

Manning, Jeff A.
From: Steve Gruninger [[e-mail]]
Sent: Wednesday, June 02, 2010 10:54 AM
To: Manning, Jeff A.
Cc: Gwen Calhoun; Gwen Calhoun
Subject: Cypress Commons
Jeff,
Thanks for your time on the phone today.
As a follow up, First South Bank has taken action to correct the deficiencies identified by Rivers & Associates with the
current stormwater facilities located at Cypress Commons, Chocowinity, NC (Stormwater permit # SW7060212).
BE Singleton & Sons are currently working at the site and should be complete early next week. Once completed, we will
have Rivers & Associates complete a re -inspection of the facility and prepare an engineer's certification to be submitted to
your offices in order to fully comply with the conditions of the stormwater permit.
Based upon current timeframe, I would expect to have things completed within the next two weeks.
Please feel free to contact me directly at 940-4926 should you have any questions or require additional information.
Thanks.
Steve Gruninger
First South Bank
NOTICE : This e-mail is intended solely for the use of the individual to whom it is addressed and may contain
information that is privileged, confidential or otherwise exempt from disclosure. If the reader of this e-mail is
not the intended recipient or the employee or agent responsible for delivering the message to the intended
recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is
strictly prohibited. If you have received this communication in error, please immediately notify us by replying
to the original message at the Iisted email address. Thank You. (mgate012009)

COLOMBO, KITCHIN, DUNN, BALL & PORTER, LLP
ATTORNEYS AT LAW
MICHAF,L A. COL011B0 t
W. WAS.TON KITCHIN tt
JoH\' B. DUNN, JR.
MICAH D, BALL
CHRISIIAN G. PORTER
BRADI.I!Y D. PINER
KIT[Y IL WETHER[NGTON
MARY CI IARLES WALL
TRACY IL STROUD
DALLAS CLARK, JR. ttt
December 7, 2009
Mr. Al Hodge
NC Division of Water Quality
943 Washington Square Mall
Washington, NC 27888
RC: Cypress Commons LLC v. Henry Stilley
Beaufort County, 08 CVS 54
Our File 07-1433
Dear Mr, Hodge:
t BOARD CERTIFIED SPECIALIST IN
ESTATE PLANNING AND PROBATE LAW
tt CERTIFIED MEDIATOR AND ARBITRATOR
ttt BOARD CERTIFIED SPECIALIST IN FAMILY LAW
1698 F. ARLINGTON HLVD,
GREENVILI,E, NORTH CAROLINA 27858
TELEPHONE[phone]
FAX [phone]G
MLOHR(a CK-ATTORNEYS.COM
Enclosed is a Subpoena for you to appear and testify in the trial of the above referenced matter.
This case arises in relation to Storm Water Permit #SW 7060212 issued to Cypress Commons,
Beaufort County. Mr. Kitchin will call to discuss the case with you prior to trial,
In the meantime, if you have any questions, please do not hesitate to contact me at your
convenience.
DEC 0 8 Z009
/mwl
# 103 129
Sincerely,
Marianne W. Lohr
Paralegal

Michael F. Easley, Governor
William G. Ross Jr., Secretary
Norih Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 4, 2007
Mr. Stephen C. Atkins, Sr.
Cypress Commons, LLC
1910 Carolina Avenue
Washington, NC 27889
N, ?.007
SUBJECT: Acknowledgment of Receipt of Payment
Case No. CV-2006-0021
Cypress Commons Development
Beaufort County
Dear Mr. Atkins:
This letter is to acknowledge receipt of check # 1323 from Cypress Commons, LLC.in the amount of
$3,665.95 received on December 27, 2006. The balance of.the penalty is $0.00.
This payment satisfies in full the civil penalty assessment dated November 29, 2006 levied against
Cypress Commons, LLC and this enforcement case has been closed.
Payment of this penalty in no way precludes further action by this Division for continuing or
future violations. You are encouraged to contact Bill Moore or Al Hodge with the DWQ
Washington Regional Office at [phone] for any questions regarding the compliance of the
site.
If you have any questions regarding this letter, please Shelton Sullivan at [phone] ext. 544.
Sincerely,
Shelton Sullivan
NPS Assistance & Compliance Oversight Unit
cc: Al Hodge -- DWQ Washington Regional Office Supervisor
Bill -Moore --DWQ-Washington Regional Office Staff-,
NPS Assistance & Compliance Oversight Unit File Copy
DWQ Central Files
Narth Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]
Internet: www.ncwalerquality.org Location: 512 N. Salisbury St, .Raleigh, NC 27604 Fax [phone]
�Carolina
turrrtlit . A
Customer Service
1-877-623-6748
An Equal OpportunitylAffirmative Action Employer-- SM Recycled/10% Post Consumer Paper

WA7Eq�G
7
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 0100 0000 8377 3831 '
Cypress Commons, LLC
Attn: Mr. Stephen C. Atkins, Sr.
1910 Carolina Avenue
Washington, NC 27889
November 29, 2006
SUBJECT: Assessment of Civil Penalties
Cypress Commons, LLC
Cypress Commons Development
Beaufort County
Case No. CV-2006-0021
Dear Mr. Atkins:
This letter transmits notice of a civil penalty assessed against Cypress Commons, LLC, in the amount of
$3,665.95 which includes $165.95 in investigative costs. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the Division of Water Quality.
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty clays of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and
Natural Resources. Payment of the penalty will not foreclose further enforcement
action for any continuing or new violation(s). Do not include the attached waiver
form if making payment.
Please send payment to the attention of -
Mr. Shelton Sullivan
NC DWQ -- Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
None hCarolina
�aturattil
North Carolina Division of Water Quality 943 Washington Sq. Mall Phone (252) 946 - 6481
Internet: h2o.emstate,nc.us Washington, NC 27889 FAX (252) 946 - 9215
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

Page 2
pia
2, Submit a written request for remission or mitigation including a detailed
justification for such request:
OR
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of
the statements contained in the assessment letter. Because a remission request forecloses the
option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation that there are no factual or legal issues in
dispute. You must execute and return to this office the attached waiver form and the attached
"Justification for Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282,1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Shelton Sullivan
NC DWQ — Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Submit a written request for an administrative hearing -
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the Office of
Administrative Hearings and must conform to Chapter 150B of the North Carolina General
Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

Page 3
AND
Mail or hand -deliver a copy of the petition to:
Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
And to:
Mr. Shelton Sullivan
NC DWQ— Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a
postmark) indicating when we received your response, will result in this matter being referred to the
Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised
that additional assessments may be levied for future violations that occur after the review period of this
assessment.
If you have any questions, please contact me at [phone].
Sincerely,
AL.* — i _ _ __
Al Hodge, Regional Supervisor
Surface Water Protection
Washington Regional Office
Division of Water Quality
ATTACHMENTS
cc: WARO -Files
DWQ - Wetlands & Stormwater Branch - NPS Assistance & Compliance Oversight Unit
DWQ - Central Files
Susan Massengale, PIO

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ATTN: STEPHEN ATKINS, SR
•--•--------
-p 1910 CAROLINA AVE
'r WASHINGTON NC 27889

STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
IN THE MATTER OF:
Cypress Commons, LLC
FOR VIOLATIONS OF
NCGS 143-215.1(a)(2) and
15A NCAC 2H .1003
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT
AND NATURAL RESOURCES
Case No. CV-2006-0021
FINDINGS AND DECISION
AND ASSESSMENT OF
} CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I,
Al Hodge, of the Division of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. Cypress Commons, LLC, is a Corporation organized and existing under the
laws of the State of North Carolina.
B. On March 2, 2006, DWQ Washington Regional Office received a stormwater
permit application for Cypress Commons Commercial Development site.
C. On October 16, 2006, DWQ staff from the Washington Regional Office
inspected the Cypress Commons site and observed the construction of a
building, parking lot and (3) stormwater detention basins. The building and
parking lot construction resulted in an increase in impervious surface at this
site or otherwise decreased the infiltration of precipitation into the soils.
D. For development activities located within the 20 coastal counties, a State
Stormwater Management Permit is required by NCGS 143-215.1 and 15A
NCAC 2H .1003 for development activities that require a Coastal Area
Management Act Major Permit or an erosion and sedimentation control plan.
E. Beaufort County is a Coastal County as defined by 15A NCAC 2H .1002(4).
F. The land disturbances associated with the Cypress Commons development
requires an erosion and sedimentation control plan.
G. An erosion and sedimentation control plan for the site was approved by the
Division of Land Resources on April 13, 2006.
H. Cypress Commons, LLC failed to obtain a stormwater management permit
prior to construction of impervious surfaces.

Cypress Commons, LLC
Beaufort County
Case No. CV-2006-0021
Page 2 of 3
I. State Stormwater permit SW7060212 for the Cypress Commons Development
is currently under review and still pending.
J. The cost to the State of the enforcement procedures in this matter totaled
165.95 .
Based on the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Cypress Commons, LLC, is a "corporation " within the meaning of G.S. 143-
215.6A pursuant to G.S. 143-212(4).
B. Beaufort County is a coastal county as defined by 15A NCAC 2H.1002(4).
C. Cypress Commons, LLC is engaging in development activity at this site,
which requires an approved Erosion & Sedimentation Control Plan.
D. Cypress Commons, LLC violated NCGS 143-215.1 and 15A NCAC 2H .1003
by failing to secure a Stormwater Management Permit prior to construction of
the project known as Cypress Commons.
E. Cypress Commons, LLC may be assessed civil penalties in this matter
pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not
more than twenty-five thousand dollars ($25,000) per violation per day may
be assessed against a person who is required but fails to apply for or to secure
a permit required by G.S. 143-215.1, or who violates or fails to act in
accordance with the terms, conditions, or requirements of such permit or any
other permit or certification issued pursuant to authority conferred by this
Part.
F. Cypress Commons, LLC may be assessed civil penalties pursuant to G.S. 143-
215.6A (a)(6) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) dollars per violation may be assessed against a
person who violates a rule of the Commission implementing this part, Part 2A
of this Article, or G.S. 143-355(k).
G. The State's enforcement cost in this matter may be assessed against Cypress
Commons, LLC pursuant to G.S. 143- 215.3(a)(9) and G.S. 143B-282(b)(8).
H. Al Hodge, of the Division of Water Quality, pursuant to delegation provided
by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Quality, has the authority to assess
civil penalties in this matter.

r
Cypress Commons, LLC
Beaufort County
Case No. CV-2006-0021
Page 3 of 3
Based upon the above Findings of Fact and Conclusions of Law, I make the following.
III. DECISION
Accordingly Cypress Commons, LLC is assessed a civil penalty of:
$ 3,500.00 for violating NCGS 143-215.1 and 15A NCAC 2H .1003
by failing to obtain a stormwater management permit from
the Division of Water Quality for the development of
Cypress Commons.
$ 3,500.00 TOTAL CIVIL PENALTY, authorized by
G.S. 143-215.6A.
$ 165.95 Enforcement costs.
$ 3,665.95 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered
the factors set out in G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures
Date Al Hodge
Division of Water Quality

JUSTIFICATION FOR REMISSION REOUEST
DWQ Case Number: CV-2006-0021 County: Beaufort
Assessed Party: Cypress Commons, LLC
Amount Assessed: S 3,665.95
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors apply. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
_ (b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION(attach additional pages as necessary):

STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Cypress Commons, LLC
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. CV-2006-0021
Having been assessed civil penalties totaling $ 3,665.95 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated November 29, 2006, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing
in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of
receipt of the notice of assessment. No new evidence in support of a remission request will be allowed
after (30) days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
SIGNATURE
20

`- leers
&Associates,inc.
Since1918
October 19, 2006
Hand Delivered
Mr. William Moore
NC Department of Environment, Health and Natural Resources
Division of Land Resources - Land Quality Section
943 Washington Square Mall
Washington, North Carolina 27889
Subject: Stormwater Review SW7060212
Cypress Commons
Beaufort County, North Carolina
Dear Mr. Moore:
Engineers
Planners
Surveyors
The Stormwater Management Plan for the subject project has been revised in accordance with your letter
dated October 12, 2006. To assist in your review, I have summarized our revisions below:
1. The vegetation plan for extended detention basins is contained in the Seeding and Mulching
specifications on Sheet 1 of the construction drawings. All lawn areas will be permanently
vegetated with Bermuda grass. We have consulted with an NC licensed Landscape Architect, NC
licensed Landscape Contractor and a member of the NC Sod Producers Association to ensure
that this is an appropriate selection. These specifications were included in our submittals dated
April 2, 2006, May 3, 2006 and July 18, 2006.
2. Runoff calculations for all inlets, outlets, and channels are contained in the Stormwater
Management flan. The maximum calculated velocity in a channel is 2.12 fps which is an
acceptable velocity for the silty clay soils on this site (Malcolm 1989). However, as an additional
precaution, rip rap aprons have been added to the concrete flumes and outlet pipes where the
velocities exceed 2 fps.
3. A soils report has been added to the Stormwater Management Plan. On July 16, 2006, engineers
from Our office were onsite to perform a soils investigation. At three locations, hand augers were
advanced a minimum of IS" below the proposed invert of the detention basins. No groundwater
was observed at any of these locations.
4. The details for the Outlet Structures and the Orifices have been revised as discussed during our
telephone conversation on October 12, 2006.
5. Two copies of the revised Stormwater Narrative, plans and calculations are attached.
Thank you for your assistance with this project. Do not hesitate to call if you have any questions or need
any ;additional information.
With best regards,
Rivers and Associates, Inc.
Scott T. Anderson, F.E.
Project Engineer
Cc: Cypress Commons, LLC
107 East Second Street, Greenville, NC 2785S • Post Office Box 929 • Greenville, NC 27835 • [phone] • FAX [phone]
E—mail: rivers@rivcrsand:associ.ates.com

hers
&Associates,lnC. Engineers 1 Planurcrs / Surveyors
Since1918
TO: NC Department of Environment and
Natural Resources
943 Washington Square Mall
Washington, NC 27889
GENTLEMEN:
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
�] Attached
❑ Prints
❑ Change Order
LETTER OF TRANSMITTAL
Date I
Job No.
October 19, 2006
ATTENTION:
Mr. Bill Moore
SUBJECT:
Cypress Commons
n
Stormwater Review SW7060212 ®VV d%.4 W��pb�l��
Chocowinity, North Carolina
❑ Under Separate Cover
❑ Plans ❑ Samples
❑ Other
via hand delivered the following items:
❑ specifications
COPIES
DATE
No.
DESCRIPTION
l
10/18/2006
Stormwater Management Plan
2
10/19/2006
W-2913
Site Plan - Cypress Commons
THESE ARE-rRANSM ITTED as checked below:
❑ For Approval
❑ For Your Use
❑ As requested
❑ For Review and Comment
REMARKS
❑ Approved
❑ Approved as Noted
❑ Disapproved
❑ Other
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return copies for approval
Thank'you for taking time today to review the plans for Cypress Commons with Scott Anderson and me.
Attached for your approval is the Stormwater Management Plan that has been revised as discussed. To assist with
your review, 1 have placed yellow "flags" at the places where additional information has been added or revisions
have been made.
Please do not hesitate to contact our office if you have any questions or need any additional information.
COPY TO Cypress Commons, LLC SIGNED:
If enclosures are not as noted, kindly irwify us at once
[e-mail]
107 East Second Street * Post Office Box 929 * Greenville, North Carolina 27835 * [phone] " FAX [phone]
One Springfield Center * 6131 Falls of Neuse Road * Raleigh, North Carolina 27609 * [phone] * FAX [phone]

�0� W A TFRQ Michael F. Easley, Governor WaRo
William G. Ross Jr., Secretary
UJ North Carolina Department of Environment and Natural Resources
rw -� Alan W. Klimek, P.E. Director
Division of Water Quality
October 12, 2006
Cypress Commons, LLC
Attn: Mr: Stephen. C. Atkins, Sr.
1910 Carolina Ave.
Washington, NC 27889
Subject: Stormwater Review SW7060212
Cypress Commons
Beaufort County
Dear Mr.Atkins:
This office received a Coastal Stormwater permit application and plans for the subject project on
March 2, 2006. Mr. Scott Anderson, with Rivers & Associates, provided a revised application package to
our office on July 20, 2006. The following items must be addressed before a State Stormwater permit
can be issued:
1) A vegetation plan must be provided for the extended detention basins,
2) All inlets and outlets must be evaluated for potential erosion; and, scour/rip-rap protection
provided where needed.
3) Separation from Seasonal High Water Table must be supported by on -site soils investigation
and soils report.
4) Revise details for outlet structures and orifice structures as per discussions with the engineer.
5) Revise Stormwater narrative, plans & details to reflect any changes.
The above requested information must be received in this office prior to November 13, 2006, 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.
If you have questions, please feel free to contact me at [phone].
Sincerely
William J. Moore
Environmental Engineer
Washington Regional Office
cc: Rivers & Associates
Beaufort County Planning/inspections
Washington Regional Office
�o�y`
NnCaro
; anir ,
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 1-877-623-6748

COLOMBO; KITCHIN, DUNN, BALL & PORTER, LLP
ATTORNEYS AT LAW
MICHAEL A. COLO,VBO t
W. WALTON KITCHIN tt
JotIN B. DUNN, JR.
MICAII I). [TALL
CHRIS'PIAN r, POR'I''M
BRADLEiY D. PINER
KI rIY 11. WLfHERINGTON
MARY CHARLES WALL.
TRACY 11, S'IROOD
Or- CuUNsrr.
DALLAS CLARA, JR. ttt
October 9, 2009
Mr. Al Hodge
NC Division of Water Quality
943 Washington Square mall
Washington, NC 27888
RE: Cypress Commons LLC v. Henry Stilley
Beaufort County, 08 CVS 54
Our File 07-1433
Dear Mr. I -lodge:
t BOARD CERTIFIED SPECIALIST IN
ESTATE PLANNING AND PROBATI1, LAW
tt CERTIFIED y1EDIATOR AND ARBITRATOR
ttt BOARD CERTIFIED SPECIALIST IN FA%11LY LAW
169E E_ ARLENGTON BLVD.
GREENVILLE, NORTI4 CAROLINA 27858
TELE:PHON'1;[phone]
FAx [phone]
M LOKI RACK-ATTORN FYS.COM
Enclosed is a Subpoena for you to appear and testify in the trial of the above referenced matter.
This case arises in relation to Storm Water Permit #SW 7060212 issued to Cypress Commons,
Beaufort County. Mr. Kitchin will call to discuss the case with you prior to trial.
In the meantime, if you have any questions, please do not hesitate to contact me at your
convenience.
/mwl
4101354
Sincerely,
Marianne W. Lohr
Paralegal
\Nyri6#!^4 r' G(- -

File No,
STATE OF NORTH CAROLINA 08 CVS 54
BEAUFORT In The General Court Of Justice
COUlltjj
❑ District Q Superior Court Division
Cypress Commons, LLC
Additional File Numbers
VERSUS
Henry Stilley, Jr., tla Bud Stilley Properties
SUBPOENA
G.S. 1A-1, Rule 45
Party Requesting Subpoena
NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be produced at your request,
❑a State/Plaintiff ❑ Defendant
but must be signed and issued by the office of the Clerk of Superior Court, or by a magistrate or1udge.
Name Of Person Subpoenaed
Aftemate Address
TO
Al Hodge
NC Division of Water Quality
943 Washington. Square Ma!I
Washington, NC 27889
Telephone No.
Telephone No.
YOU ARE COMMANDED TO: (check all that apply)
appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
❑ appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below.
❑ produce and permit inspection and copying of the following items, at the place, date and time specified below.
❑ See attached list. (List here if space sufficient.)
Name And Location of Court/Pface of Deposition/Place to Produce
Date To Appear/Produce
Superior Court
October 26, 2009
Beaufort County Courthouse
Time To Appear/Produce
112 West Second Street
Washington, NC 27889
10:00 ❑y AM ❑ PM
Name And Address Of Applicant or Applicant's Attorney
Date
W. Walton Kitchin
October 9, 2009
Colombo, Kitchin, Dunn, Ball & Porter, LLP
Signalu
1698 East Arlington Boulevard
Greenville NC 27858
Telephone Number ❑ Deputy CSC ❑ Assistant CSC Clerk of Superior Court ❑ Superior Court Judge
252-321-2020 ❑ Magistrate AttorneyiDA ❑ District Court Judge
.w-- -..- - RETURN OF SERVICE a r
_.,. ........ .- ......... ........... ... . .. err..
I certify this subpoena was received and served on the person subpoenaed as follows:
By ❑ personal delivery.
❑ registered or certified mail, receipt requested and attached.
❑ telephone communication (For use only by the sheriff's office for witness subpoenaed to appear and testify.)
❑ I was unable to serve this subpoena.
Service Fee ❑ Paid
Date Served
Signature of Authorized Server
Title
$ ❑ Due
NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or taxed to the attorney for each party irl
AOC-G-100, Rev. 10103
Copyright 2003 Administrative Office of the Courts (Please See Reverse Side)

1 . —.
NOTE: Rule 45, North Carolina Rules of Civil Procedure, Parts (c) and (d).
(c) Protection of Persons Subject to Subpoena
(1) Avoid undue burden or expense. - A party or an attorney responsible
for the issuance and service of a subpoena shall take reasonable steps to
avoid imposing an undue burden or expense on a person subject to the
subpoena. The court shall enforce this subdivision and impose upon the
party or attorney in vitiation of this requirement an appropriate sanction that
may include compensating the person unduly burdened for lost earnings
and for reasonable attorney's fees.
(2) For production of public records or hospital medical records. .-Where
the subpoena commands any custodian of public records or any custodian
of hospital medical retards as defined in G.S. 8-44.1, to appear for the sole
purpose of producing certain records in the custodian's custody, the
custodian subpoenaed may, in lieu of personal appearance, tender to the
court in which the action is pending by registered or certified mail or by
personal delivery, on or before the time specified in the subpoena, certified
copies of the records requested together with a copy of the subpoena and
an affidavit by the custodian testifying that the copies are true and correct
copies and that the records were made and kept in the regular course of
business, or if no such records are in the custodian's custody, an affidavit to
that effect, When the copies of records are personally delivered under this
subdivision, a receipt shall be obtained from the person receiving the
records. Any original or certified copy of records or an affidavit delivered
according to the provisions of this subdivision, unless otherwise
objectionable, shall be admissible in any action or proceeding without
further certification or authentication. Copies of hospital medical records
tendered under this subdivision shall not be open to inspection or copied by
any person, except to the parties to the case or proceedings and their
attorneys in depositions, until ordered published by the judge at the time of
the hearing or trial. Nothing contained herein shall be construed to waive
the physician -patient privilege or to require any privileged communication
under law to be disclosed.
(3) Written objection to subpoena. - Subject to subsection (d) of this rule,
a person commanded to appear at a deposition or to produce and permit
the inspection and copying of records may, within 10 days after service of
the subpoena or before the time specified for compliance if the time is less
than 10 days after service, serve upon the party or the attorney designated
in the subpoena written objection to the subpoena, setting forth the specific
grounds for the objection, The written objection shall comply with the
requirements of Rule 11. Each of the following grounds may be sufficient for
objecting to a subpoena:
a, The subpoena fails to allow reasonable time for compliance.
b. The subpoena requires disclosure of privileged or other
protected matter and no exception or waiver applies to the
privilege or protection.
c. The subpoena subjects a person to an undue burden.
an objection has been made except pursuant to an order of the court, If
objection is made, the party serving the subpoena may, upon notice to the
subpoenaed person, move at any time for an order to compel the
subpoenaed person's appearance at the deposition or the production of
the materials designated in the subpoena. The motion shall be filed in the
court in the county in which the deposition or production of materials is to
occur.
(5) Motion to quash or modify Subpoena. -A person commanded to
appear at a trial, hearing, deposition, or to produce and permit the
inspection and copying of records, books, papers, documents, or other
tangible things, within 10 days after service of the subpoena or before the
time specified for compliance if the time is less than 10 days after service,
may file a motion to quash or modify the subpoena. The court shall quash
or modify the subpoena if the subpoenaed person demonstrates the
existence of any of the reasons set forth in subdivision (3) of this
subsection. The motion shall be filed in the court in the county in which the
trial, hearing, deposition, or production of materials is to occur,
(6) Order to com eh expenses to comply with subpoena. - When a court
enters an order compelling a deposition or the production of records,
books, papers, documents, or other tangible things, the order shall protect
any person who is not a party or an agent of a party from significant
expense resulting from complying with the subpoena. The court may order
that the person to whom the subpoena is addressed will be reasonably
compensated for the cost of producing the records, books, papers,
documents, or tangible things specified in the subpoena,
(7) Trade secrets, confidential information. - When a subpoena requires
disclosure of a trade secret or other confidential research, development, or
commercial information, a court may, to protect a person subject to or
affected by the subpoena, quash or modify the subpoena, or when the
party on whose behalf the subpoena is issued shows a substantial need
for the testimony or material that cannot otherwise be met without undue
hardship, the court may order a person to make an appearance or produce
the materials only on specified conditions stated in the order.
(8) Order to quash; expenses, - When a court enters an order quashing
or modifying the subpoena, the court may order the party on whose behalf
the subpoena is issued to pay all or part of the subpoenaed person's
reasonable expenses including attorney's fees.
(d) Duties in Responding To Subpoena
(1) Form of response. - A person responding to a subpoena to produce
documents shall produce them as they are kept in the usual course of
business or shall organize and label the documents to correspond with the
categories in the request.
d. The subpoena is otherwise unreasonable or oppressive. (2) Specificity of objection, - When information subject to a subpoena is
withheld on the objection that it is subject to protection as trial preparation
e. The subpoena is procedurally defective. materials, or that it is otherwise privileged, the objection shall be made with
(4) Order of court required to override objection. - If objection is made specificity and shall he supported by a description of the nature of the
under subdivision (3) of this subsection, the party serving the subpoena communications, records, books, papers, documents, or other tangible
shall not be entitled to compel the subpoenaed person's appearance at a things not produced, sufficient for the requesting party to contest the
deposition or to inspect and copy materials to which objection.
INFORMATION FOR WITNESS dt�- ,._ �. 'i�. n :.� • ^m.' . �..__ � �`:_.� .�
NOTE: If you have any questions about being subpoenaed as a witness, you should contact the person named on the other side of this
Subpoena in the box labeled "Name and Address Of Applicant or Applicant's Attorney"
DUTIES OF A WITNESS
Unless otherwise directed by the presiding judge, you must answer all
questions asked when you are an the stand giving testimony.
• In answering questions, speak clearly and loudly onough to be heard.
Your answers to questions must be truthful.
If you are commanded to produce any items, you must bring them with
you to court or to the deposition.
You must continue to attend court until released by the court. You
must continue to attend a deposition until the deposition is completed.
BRIBING OR THREATENING A WITNESS
It is a violation of State law for anyone to attempt to bribe, threaten, harass,
or intimidate a witness. If anyone attempts to do any of these things
concerning your involvement as a witness in a case, you should promptly
report that to the district attorney or the presiding judge.
WITNESS FEE
A witness under subpoena and that appears in court to testify, is entitled to
a small daily fee, and to travel expense reimbursement, if it is necessary to
travel outside the county in order to testify. (The fee for an "expert witness'
will be set by the presiding judge.) After you have been discharged as a
witness, if you desire to collect the statutory fee, you should immediately
contact the Clerk's office and certify to your attendance as a witness so
that you wits be paid any amount due to you.
AOC-G-100, Side Two, Rev. 10103
Copyright 2003 Administrative Office of the Courts

File No.
STATE OF NORTH CAROLINA 08 CVS 54
BEAUFORT COUfI>* In The General Court Of Justice
y
❑ District Q Superior Court Division
Cypress Commons, LLC
Additional File Numbers
VERSUS
Henry Stilley, Jr., t/a Bud Stilley Properties
SUBPOENA
G.S. 1A-1, Rule 45
Party Requesting Subpoena
NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas may be producedat your request,
Ej state/Plaintiff ❑ Defendant
but must be signed and issued by the office of the Clerk of Superior Court or by a magistrate orludge.
Name Of Person Subpoenaed
Alternate Address
TO
At Hodge, Division of Water Quality
NC Department of Environment & Natural Resources
943 Washington Square Mall
Washington, NC 27889
Telephone No.
Telephone No.
252-946-9215
YOU ARE COMMANDED TO: (check all that apply)
appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
[] appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below.
❑ produce and permit inspection and copying of the following items, at the place, date and time specified below.
❑ See attached list. (List here if space sufficient.)
Name And Location Of CourvPlace of Deposition/Place to Produce
Date To Appear/Produce
Superior Court Room 218
December 17, 2009
Beaufort County Courthouse
Time ToAppeadProduce
112 West Second Street
Washington, NC 27889
10:00❑ AM ❑ PM
Name And Address OfApplicant or Applicant's Attorney
Date
W. Walton Kitchin
December 7, 2009
Colombo, Kitchin, Dunn, Ball & Porter, LLP
Signature
1698 East Arlington Boulevard
Greenville NC 27858
Telephone Number
❑ Deputy CSC Assistant CSC ❑ Clerk of Superior Court ❑ Superior Court Judge
252-321-2020
❑ Magistrate 0 AttorneylDA ❑ District Court Judge
s7jM': " RETURN OF SERVICE
I certify this subpoena was received and served on the person subpoenaed as follows:
By ❑ personal delivery.
❑ registered or certified mail, receipt requested and attached.
❑ telephone communication (For use only by the sheriff's office for witness subpoenaed to appear and testify.)
❑ I was unable to serve this subpoena.
Service Fee ❑ paid
Date Served
Signature of Authorized Server
Title
$ ❑ Due
NOTE TO PERSON REQUESTING SUBPOENA: A copy of this subpoena must be delivered, mailed or faxed to the attorney for each party in
AOC-G-100, Rev. 10103
Copyright 2003 Administrative Office of the Courts (Please See Reverse Side)

NOTE: Rule 45, North Carolina Rules of Civil Procedure, Parts (c) and (d).
(c) Protection of Persons Subject to Subpoena
(1) Avoid undue burden or expense. - A party or an attorney responsible
for the issuance and service of a subpoena shall take reasonable steps to
avoid imposing an undue burden or expense on a person subject to the
subpoena. The court shail enforce this subdivision and impose upon the
party or attorney in violation of this requirement an appropriate sanction that
may include compensating the person unduly burdened for lost earnings
and for reasonable attorney's fees.
(2) For production of public records or hospital medical records, - Where
the subpoena commands any custodian of public records or any custodian
of hospital medical records as defined in G.S. 8-44.1, to appear for the sole
purpose of producing certain records in the custodian's custody, the
custodian subpoenaed may, in lieu of personal appearance, tender to the
court in which the action is pending by registered or certified mail or by
personal delivery, on or before the time specified in the subpoena, certified
copies of the records requested together with a copy of the subpoena and
an affidavit by the custodian testifying that the copies are true and correct
copies and that the records were made and kept in the regular course of
business, or if no such records are in the custodian's custody, an affidavit to
that effect. When the copies of records are personally delivered under this
subdivision, a receipt shall he obtained from the person receiving the
records. Any original or certified copy of records or an affidavit delivered
according to the provisions of this subdivision, unless otherwise
objectionable, shall he admissible In any action or proceeding without
further certification or authentication. Copies of hospital medical records
tendered under this subdivision shall not be open to inspection or copied by
any person, except to the parties to the case or proceedings and their
attorneys in depositions, until ordered published by the judge at the time of
the hearing or trial. Nothing contained herein shall be construed to waive
the physician -patient privilege or to require any privileged communication
under law to be disclosed.
(3) Written objection to subpoena. - Subject to subsection (d) of this rule,
a person commanded to appear at a deposition or to produce and permit
the inspection and copying of records may, within 10 days after service of
the subpoena or before the time specified for compliance if the time is less
than 10 days after service, serve upon the party or the attorney designated
in the subpoena written objection to the subpoena, setting forth the specific
grounds for the objection. The written objection shall comply with the
requirements of Rule 11. Each of the following grounds may be sufficient for
objecting to a subpoena;
a. The subpoena fails to allow reasonable time for compliance.
b. The subpoena requires disclosure of privileged or other
protected matter and no exception or waiver applies to the
privilege or protection.
c. The subpoena subjects a person to an undue burden,
an objection has been made except pursuant to ar order of the court. If
objection is made, the party serving the subpoena may, upon notice to the
subpoenaed person, move at any time for an order to compel the
subpoenaed person's appearance at the deposition or the production of
the materials designated in the subpoena, The motion shall be filed in the
court In the county In which the deposition or production of materials is to
occur.
(5) Motion to quash or modify subpoena. -A person commanded to
appear at a trial, hearing, deposition, or to produce and permit the
inspection and copying of records, books, papers, documents, or other
tangible things, within 10 days after service of the subpoena or before the
time specified for compliance if the time is iess than 10 days after service,
may file a motion to quash or modify the subpoena. The court shah quash
or modify the subpoena if the subpoenaed person demonstrates the
existence of any of the reasons set forth in subdivision (3) of this
subsection. The motion shall be filed in the court in the county in which the
trial, hearing, deposition, or production of materials is to occur.
(6) Order to compel; expenses to comply with subpoena. - When a court
enters an order compelling a deposition or the production of records,
books, papers, documents, or other tangible things, the order shall protect
any person who is not a party or an agent of a party from significant
expense resulting from complying with the subpoena. The court may order
that the person to whom the subpoena is addressed will be reasonably
compensated for the cost of producing the records, books, papers,
documents, or tangible things specified in the subpoena.
(7) Trade secrets confidential information. - When a subpoena requires
disclosure of a trade secret or other confidential research, development, or
commercial information, a court may, to protect a person subject to or
affected by the subpoena, quash or modify the subpoena, or when the
party on whose behalf the subpoena is issued shows a substantial need
for the testimony or material that cannot Otherwise be met without undue
hardship, the court may order a person to make an appearance or produce
the materials only an specified conditions slated in the order.
(8) Order to quash; expenses. - When a court enters an order quashing
or modifying the subpoena, the court may order the party on whose behalf
the subpoena is issued to pay all or part of the subpoenaed person's
reasonable expenses including attorney's fees,
(d) Duties in Responding To Subpoena
(1) Form of response. - A person responding to a subpoena 10 produce
documents shall produce them as they are kept in the usual course of
business or shall organize and label the documents to correspond with the
categories in the request.
d, The subpoena is otherwise unreasonable or oppressive. (2) Specificity of objection. - When information subject to a subpoena is
e. The Subpoena is procedurally defective. withheld on the objection that it is subject to protection as trial preparation
materials, or that it is otherwise privileged, the objection shah be made with
(4) Order of court required to override objection. - If objection is made specificity and shall be supported by a description of the nature of the
under subdivision (3) of this subsection, the party serving the subpoena communications, records, books, papers, documents, or other tangible
shall not be entitled to compel the subpoenaed person's appearance at a things not produced, sufficient for the requesting party to contest the
deposition or to inspect and copy materials to which objection.
em s. r_ ._ f: .. s, INFORMATION FOR WITNESS -. ."n . c*.:v 0 � a �_.+-:;ai.,., .. �+a� ;� 'I
NOTE: if you have any questions about being subpoenaed as a witness, you should contact the person named on the other side of this
Subpoena in the box labeled "Name and Address Of Applicant or Applicant's Attorney".
DUTIES OF A WITNESS
• Unless otherwise directed by the presiding judge, you must answer all
questions asked when you are on the stand giving testimony.
• In answering questions, speak clearly and loudly enough to be heard.
ID Your answers to questions must be truthful.
If you are commanded to produce any items, you must bring them with
you to court or to the deposition.
• You must continue to attend court until released by the court. You
must continue to attend a deposition until the deposition is completed.
BRIBING OR THREATENING A WITNESS
It is a violation of State law for anyone to attempt to bribe, threaten, harass,
or intimidate a witness. If anyone attempts to do any of these things
concerning your involvement as a witness in a case, you should promptly
report that to the district attorney or the presiding judge.
WITNESS FEE
A witness under subpoena and that appears in court to testify, is entitled to
a small daily fee, and to travel expense reimbursement, if it is necessary to
travel outside the county in order to testify. (The fee for an "expert witness"
will.be set by the presiding judge.) After you have been discharged as a
witness, if you desires to collect the statutory fee, you should immediately
contact the Clerk's office and cartify to your attendance as a witness so
that you will be paid any amount due to you.
AOC-G-100, Side Two, Rev, 10103
Copyright 2003 Administrative Office of the Courts

Stephen C. Atkins, Sr,
Cypress Commons, LLC
1910 Carolina Ave.
Washington, NC 27889
North Carolina Division of Water Quality
Attention: Mr. Al Hodge, Regional Supervisor
943 Washington Square Mall
Washington, NC 27889
Re: Stormwater Project SW060212
Cypress Commons, Beaufort County
Dear Mr. Hodge:
OCT 3 0 2006
Thank you for the opportunity to respond to your October 16, 2006 letter regarding the violation of the
Stormwater Permit application.
I was totally unaware that this situation had become a serious violation. As a laymen, I have hired
professional consultants, architects and contractors to cooperatively handle this project.
I was aware of each of the letters that you had attached. and upon receiving each of these, I would call
both my contractor, Lucien Vaughn with Tarheel Associates in New Bern, and my engineering
consultant, Rivers and Associates from Greenville, North Carolina. Both of these assured me that the
situation was being handled properly, and that I had nothing to worry about.
When your letter came on the 19`" of this month, I realized that I had not been properly advised by my
consultants, and called Rivers and Associates to discuss the matter. Then I called you, and you informed
me of the seriousness of the violation. I immediately got in touch with the contractor and ordered him to
stop work. I also called B. E. Singleton and Sons, who are doing the site work, and ordered them to stop.
And, as you probably know, Rivers and Associates immediately contacted Bill Moore to find out what
could be done to rectify the situation.
I deeply apologize for the gravity of the error, and I can assure you that measures are being taken to
make it right. I humbly request that you consider this in your decision concerning the penalty, and stand
ready to offer any help that I can. As far as I know, Lynn Hardison is making arrangements to see if this
qualifies for the Fast Track program, and if it does.. I will be happy to pay the fee necessary to get that
underway.
Please feel free to contact me regarding this matter at my office [phone], or my cell phone (252)
714-6555.
Sincerel .,
Steve Atkins, Member/Manager
Cypress Commons, LLC

FROM :WATERFRONT PROFESStQN1=rt_S FA:/ kO. :12529404777 Oct. 27 2006 02:24PM P2
North C.'arolina Division nf' W
.Attention: Mr. Al Hodge, Rc�
943 Washington ,Square Mali
Washington, NC 27R89
Re: Stortmynter PrOjLct SWU
Cypress Cotnnions_ Beau
Tear Mr. Hedge:
Stephen C. Atkins, Sr.
f.;ppre-cs! Gommans, LLC
1910 Carolina A ve.
Washington, NC 27889
to Quality
:mal Supervivor
1l
County
Thank you for the Opportunity to respond to your October 16, 2006 letter regarding than violation ofthe
Storm,water Permit applicatior .
i ,vafi totally unaware that this �ituation had become a serious violation_ As a laymen. T have hired
professional consultants, architects and contractors to cooperatively handle this project.
I was aware of each of the lett4rs that you had attached, and upon receiving each of these. I would call
bath my.contractor, Lucien Va ghn with Tarheel Associates in New Bern, arid my engineering
consultant. Rivers and Associates from Greenville, North Carolina. Both of these assured me that the
situation was being handles:[ pr perly, and that i had nothing to NvOrry about..
When your letter cattle on the 19`h of this month, I realized that I had not been properly advised by my
consultants, and called Rivers nd Aswerciates to discuss the matter. "then I called you. and you informed
me of the seriousness of the vi lation. [ immediately got in touch with the contractor and ordered him to
wt(T work. i also called B_ E. in I ton and Sons, who are doing the site +Aork, and ordered them to stop.
And. as you probably know, R verc and .associates immediately contacted hill Moore to find out what
could he done to rc> til} the sits tiou_
i deeply apologize f6r the gray y of the orror, and 1 ca:n assure )'uu that measure~ are being tahen. to
rnake it right. I humbly request slut you cpr�-ider llu5 in your docision concerning the penalty. and stand
ready to offer any help that I can. As far as I know, Lynn Hardison is making arrangements to sea if this
qualities for the Fast Track program. and ii'it sloes, I will he happy to pay the fee necessan, to get that
underway.
Please feel free to contact the
714•6555.
5incrvrel .,
C —
Stcvc Atkins. Vlember,Manae.e
Cypress Commons, T,LC
this matter at my office (252) 97 -0777, or my cell phone (252)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 16, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7006 0100 0000.8379 3648
Cypress Commons, LLC
Mr. Stephen C. Atkins, Sr.
1910 Carolina Ave.
Washington, NC 27889
Subject: NOTICE- OF VIOLATION 1 NOTICE OF
RECOMMENDATION FOR ENFORCEMENT
Stormwater Project SW060212
Cypress Commons
Beaufort County
Dear Mr. Atkins:
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is
considering taking an enforcement action for a violation of 15 A North Carolina Administrative Code 2H
.1000. This regulation states that a stormwater permit is required for any development activities in a Coastal
County, which require a Sedimentation/Erosion Control Plan. A file review has' confirmed that this
development has been issued an erosion and sediment control plan approval, is located in a coastal County,
and is therefore required to have a State stormwater permit. -
This office received your stormwater permit application for the proposed Cypress Commons project
on March 2, 2006. Revised stormwater packages were submitted on May 8, 2006, and again, on July 20,
2006. Enclosed are copies of (3) letters requesting additional information dated April 12, 2006; July 12,
2006; and October 12, 2006. On October 16, 2006, Mr, Bill Moore of this office inspected the site and
observed that the Cypress Commons project was under construction. The proposed 14,131 square foot
commercial building was in place; including the concrete floor slab, exterior walls and roof. The proposed
curb and gutter was constructed; the perimeter swales and the stormwater treatment basins were in place
and rough graded; and the (3) outlet structures were constructed. These activities constitute "development
activity" for which a stormwater permit has not yet been issued.
Please be advised that this development activity without a valid permit is a violation of 15A NCAC 2H
.1003 and may subject you to appropriate enforcement actions in accordance with North Carolina General
Statute 143-215.6A which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who fails to secure a permit.
Fiore hCarolina
Naturally
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
lntemet: h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748
An Equal OppertunitylAffirmatve Action Employer— 50% Recycled110% Post Consumer Paper

Page 2
Cypress Commons, LLC
Mr. Stephen C. Atkins, Sr.
October 16, 2006
If you have an explanation for this violation that you wish to present, please respond to the
Washington Regional Office within 10 days after receipt of this Notice. Your explanation will be reviewed and
considered when making a determination whether to proceed with the enforcement action..
If you have any questions regarding this matter please call me at [phone].
incerely,
Al Hodge, Regional Supervisor
Surface Water Protection
Washington Regional Office
cc: Beaufort County Inspections
Rivers & Associates, Inc.
Danny Smith, Compliance & Enforcement, DWQ
Central Files
Washington Regional Office

wa_RD
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 12, 2006
Cypress Commons, LLC
Attn: Mr. Stephen C. Atkins, Sr.
1910 Carolina Ave.
Washington, NC 27889
Subject: Stormwater Review SW7060212
Cypress Commons
Beaufort County
Dear Mr.Atkins:
Alan W. Klimek, P.E. Director
Division of Water Quality
This office received a Coastal Stormwater permit application and plans for the subject project on
March 2, 2006. Mr. Scott Anderson, with Rivers & Associates, provided a revised application package to
our office on July 20, 2006. The following items must be addressed before av State Stormwater permit
can be issued:
1) A vegetation plan must be provided for the extended detention basins.
2) All inlets and outlets must be evaluated for potential erosion; and, scour/rip-rap protection
provided where needed.
3) Separation from Seasonal High Water Table must be supported by on -site soils investigation
and soils report.
4) Revise details for outlet structures and orifice structures as per discussions with1he engineer.
5) Revise sormwater narrative, plans & details to reflect any. changes.
The above requested information must be received in this office prior to November 13;2006, 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.
If you have questions, please feel free to contact me at [phone].
Sincere�ly
William J. Moore -
Environmental Engineer
Washington Regional Office
cc: Rivers & Associates
Beaufort County Planning/Inspections
Washington Regional Office
N:ne
0, Caro
Xturth
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
Intemet: h2o.enr.state.mus 943 Washington Square Mali, Washington, NC 27889 1.877-623-6748

F
CERTIFIEDMffm
RECEIPT
-0 (Domestic Mail Only; No Insurance Coverage Provided)
For delivery Inlormalion visit our website at www.usips.corna
cr
r-F OFFICIAL USE
cD Postage $
C
p Certified Fee
t=1 Pospnarlc* \
p Retum Receipt Fee f
(Endorsement Required) Here �!
0 Restricted Delivery Fee
C3 -(Endorsement Required) j
o Q
T018J PpArann & Fans m
C3gent o CYPRESS COMMONS, LLC
rL �; MT. STEPHEN C. ATKINS, SR
-POB 1910 CAROLINA AVE
c7'V'8E WASHINGTON NC 27889
i

�{f i
w A r�R Michael F. Easley, Governor
William G. Ross Jr., Secretary
j r North Carolina Department of Environment and Natural Resources
Q Alan W. Klimek, P.E. Director
Division of Water Quality
July 12, 2006
Cypress Commons, LLC
Attm Mr. Stephen C, Atkins, Sr.
1910 Carolina Ave,
Washington, NC 27889
Subject: Stormwater Review SW7060212
Cypress Commons
Beaufort County
Dear Mr.Atkins:
This office received a Coastal Stormwater permit application and plans for the subject project on
March 2, 2006. After reviewing your application, I requested (3) items of additional information by -letter
dated April 12, 2006 (copy attached). Mr. Scott Anderson, with Rivers & Associates, provided a revised
application package to our office on May 8, 2006. The following items must be addressed before a
State Stormwater permit can be issued:
1) The Extended Dry Detention Basin supplement sheets must be completed; see No. II,
Required Items Checklist.
2) All runoff should be directed through a minimum 100 If grassed swale; then to one of the
Detention Basins.
3) Separation from Seasonal High Water Table must be supported by on -site soils investigation
and soils report.
4) Drainage Basins must be shown on site plan -as described in stormwater narrative.
5) Revise outlet structure detail & provide small diameter orifice calculations.
6) Revise stormwater narrative, plans & details to reflect any changes.
The above requested information must be received in this office prior to August 14, 2006, 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.
If you have questions, please feel free to contact me at [phone].
Sincere y, 'r
William J. Moore
Environmental Engineer
Washington Regional Office
cc: Rivers & Associates
Beaufort County Planning/lnspections
Washington Regional Office
NonehCai
AQt in
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
Internet. h2o.encstate.nc.us 943 Washington Square Mail, Wushington, NC 27889 1.877-623-6748
An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper

OF W A rF9 Michael F. Easley, Govemor !kL—RO
`O[� QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W, Klimek, P.E. Director
Division of Water Quality
April 12, 2006
Cypress Commons, LLC
Attn: Mr. Stephen C. Atkins, Sr.
1910 Carolina Ave.
Washington, NC 27889
Subject: Stormwater Review SW7060212
Cypress Commons
Beaufort County
Dear Mr.Atkins;
This office received a Coastal Stormwater permit application and plans for the subject project on
:---March 2, 2006. A -preliminary review of your project has been completed. Before a -State Stormwater _..
permit can be issued the following items must be addressed:
1) submit Extended Dry Detention Basins supplement sheet for each basin; include all
supporting calculations, explanations & plan details.
2) provide plan details, calculations & supporting information for all swales as per NCDENR
Stormwater BMP'manual (see Design Requirements, Chapter 5).
3) revise stormwater narrative, plans & details to reflect any changes.
The above requested information must be received in _this office prior to May...12,, 2006,-*.orh•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. _
If you have questions, please feel free to contact me at [phone].
Siince�rely,
William J, Moor
Environmental Engineer
Washington Regional Office
cc: Rivers & Associates
Beaufort County Planning/Inspections
Avashington Regional Office
: Np1 Caro
Naturav
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 1.877-623-6748
An Equal Opportunit IAf6rmaNe Action Employer— 50% Recycled110% Post Consumer Paper

c�c ; t
Michael F. Easley, Governorq
William 0. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 16, 2006
CERTIFIED MAIL
RETURN RECEIPT RE UESTED
7006 0100 0000 8379 3648
Cypress Commons, t-I-C
Mr. Stephen C. Atkins, Sr.
1910 Carolina Ave.
Washington, NC 27889
Subject: NOTICE- OF VIOLATION I NOTICE OF
RECOMMENDATION FOR ENFORCEMENT
Stormwater Project SW060212
Cypress Commons
Beaufort County
Dear Mr. Atkins:
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is
considering taking an enforcement action for a violation of 15 A North Carolina Administrative Code 2H
.1000. This regulation states that a-stormwater permit is required for any development activities in a Coastal
County, which require a Sedimentation/Erosion Control Plan. A file review has confirmed that this
development has been issued an erosion and sediment control plan approval, is located in a coastal County,
and is therefore required to have a State stormwater permit.
This office received your stormwater permit application for the proposed Cypress Commons project
on March 2, 2006. Revised stormwater packages were submitted on May 8, 2006, and again, on July 20,
2006. Enclosed are copies of (3) letters requesting additional information dated April 12, 2006; July 12,
2006; and October 12, 2006. On October 16, 2006, Mr. Bill Moore of this office inspected the site and
observed that the Cypress Commons project was under construction, The proposed 14,131 square foot
commercial building was in place; including the concrete floor slab, exterior walls and roof. The proposed
curb and gutter was constructed; the perimeter swales and the stormwater treatment basins were in place
and rough graded; and the (3) outlet structures were constructed. These activities constitute "development
activity" for which a stormwater permit has not yet been issued.
Please be advised that this development activity without a valid permit is a violation of 15A NCAC 2H
.1003 and may subject you to appropriate enforcement actions in accordance with North Carolina General
Statute 143-215.6A which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation may be assessed against a person who fails to secure a permit.
No ` Carolina
J1vaturallrf
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 1-877-623-6748
An Equal OpportunitylAfiirmative Action Employer— 50°% Recycled110°% Post Consumer Paper

Page 2
Cypress Commons, LLC
Mr. Stephen C. Atkins, Sr.
October 16, 2006
If you have an explanation for this violation that you wish to present, please respond to the
Washington Regional Office within 10 days after receipt of this Notice. Your explanation will be reviewed and
considered when making a determination whether to proceed with the enforcement action..
If you have any questions regarding this matter please call me at [phone].
incerely,
5
Al Hodge, Regional Supervisor
Surface Water Protection
Washington Regional Office
cc: Beaufort County Inspections
Rivers & Associates, Inc.
Danny Smith, Compliance & Enforcement, DWQ
Central Files
Washington Regional Office

WATE
0 N�
Cypress Commons, LLC
Attn: Mr, Stephen C. Atkins, Sr.
1910 Carolina Ave.
Washington, NC 27889
Dear Mr.Atkins:
W0.-R0
Michael F, Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 12, 2006
Subject: Stormwater Review SV 7060212
Cypress Commons
Beaufort County
Alan W. Klimek, P.E. Director
Division of Water Quality
This office received a Coastal Stormwater permit application and plans for the subject project on
March 2, 2006. Mr. Scott Anderson, with Rivers & Associates, provided a revised application package -to
- our -office -on July 20, 2006. The following items must be addressed before a State Stormwater-permit . , ,-•
can be issued:
1) A vegetation plan must be provided for the extended detention basins.
2) All inlets and outlets must be evaluated for potential erosion; and, scour/rip-rap protection
provided where needed.
3) Separation from Seasonal High Water Table must be supported by on -site soils investigation
and soils report.
4)--Revi5e details for outlet structures and orifice structures as per discussions with, the, engineer-r..-- -
5) Revise stormwater narrative,. plans & details.to reflect any -changes.,...;:
The above requested information must be received in this office prior to November 13,:2006, or
Your application will be returned as incomplete. The return of this project will necessitate resubmittal:of,alk_� -:;:
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 prio' 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.
If you have questions, please feel free to contact me at [phone].
Sincerely
William J. Moore
Environmental Engineer
Washington Regional Office
cc: Rivers & Associates
Beaufort County Planning/Inspections
v4ashington Regional Office
Noe cnro
;11 Mlrrtr
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
intemet: h2o.emstate.nc.us 943 Washington Square Mall, Washington, NC 27889 1-877.623-6748

. o�OF W A TERQ�
Michael F. Easley, Governor wa:l;� Ct
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Cypress Commons, LLC
Attn:. Mr. Stephen C. Atkins, Sr.
1910 Carolina Ave.
Washington, NC 27889
Dear Mr.Atkins:
July 12, 2006
Subject: Stormwater Review SW7060212
Cypress Commons
Beaufort County
Alan W. Klimek, RE. Director
Division of Water Quality
This office received a Coastal Stormwater permit application and plans for the subject project on
March 2, 2006, After reviewing your application, I requested (3) items of additional information by letter
dated April 12, 2006 (copy attached).. ,M(,,-Scott Anderson, -with Rivers„& Associates, provided a revised
application package to our office on May 8, 2006. The following items must be addressed before 'a
State Stormwater permit can be issued:
1) The Extended Dry Detention Basin supplement sheets must be completed; see No. II,
Required Items Checklist,
2) All runoff should be directed through a minimum 100 If grassed swale; then to one of the
Detention Basins,
3) Separation from Seasonal High Water Table must be supported by on -site soils investigation
and soils report, w„ ;
4) Drainage Basins must be shown on site -plan as described in stormwater narrative.,
5) Revise outlet structure detail & provide small diameter orifice calculations.
6) Revise stormwater narrative, plans & details to reflect any changes.
The above requested information must be received in this office prior to August 14, 2006, ar 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 21-1.1000 and North
Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day.
If you have questions, please feel free to contact me at [phone].
Sincere y,
William J. Moore
Environmental Engineer
Washington Regional Office
cc: - Rivers & Associates
Beaufort County Planninglinspections
Washington Regional Office On
No thCal
�Qflll i
Korth 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 1-877-623-6748
An Equal OpportunitylA{firmative Action Employer — 50% Recycledh 0% Post Consumer paper

�F WArF9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
�- North Carolina Department of Environment and Natural Resources
5
Q Alan W, Klimek, P.E. Director
Division of Water Quality
April 12, 2006
Cypress Commons, LLC
Attn: Mr. Stephen C. Atkins, Sr.
1910 Carolina Ave.
Washington, NC 27889
Subject: Stormwater Review SW7060212
Cypress Commons
Beaufort County
Dear Mr.Atkins:
This office received a Coastal Stormwater permit application and plans for the subject project on
March 2, 2006. A preliminary review of your project has been completed. Before a State Stormwater
permit can be issued the following items must be addressed:
1) submit Extended Dry Detention Basins supplement sheet for each basin; include all
supporting calculations, explanations & plan details.
2) provide plan details, calculations & supporting information for all swales as per NCDENR
Stormwater BMP'manual (see Design Requirements, Chapter 5).
3) revise stormwater narrative, plans & details to reflect any changes.
The above ,requested information must be received in this office prior to May 12, 2006, 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.
If you have questions, please feel free to contact me at [phone].
Sincerely,
William J. Moor
Environmental Engineer
Washington Regional Office
cc: Rivers & Associates
Be�aufort County Planning/Inspections
,/washington Regional Office
?j:&` Caro
Aaturw
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer service
Internet: h2o.enr.state.nc.us 943 Washington Square Mafl, Washington, NC 27889 1-877-623.6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: Cypress Commons, LLC
County: Beaufort County Case Number: CV-2006-0021
Permit Number: SW7060212
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
Inadequately treated stormwater can potentially add pollution to the waters of the State.
2) The duration and gravity of the violation;
Unknown, however the soil and erosion permit was issued April 13, 2006,
3) The effect on ground or surface water quantity or quality or on air quality;
Potential to introduce pollutants to waters of the state.
4) The cost of rectifying the damage;
Unknown.
5) The amount of money saved by noncompliance;
Cost of delayed construction.
6) Whether the violation was committed willfully or intentionally;
Willful and intentional has not been demonstrated.
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
No previous violations located.
S) The cost to the State of the enforcement pr edures.
$ 165.95
Date Al Hodge
Regional Supervisor
Washington Regional Office
REMISSION FACTORS
() Whether one or more of the civil penalty assessments factors were wrongly applied to the detriment of
the petitioner;
O Whether the violator promptly abated continuing environmental damage resulting from the violation;
O Whether the violation was inadvertent or a result of an accident;
(} Whether the violator had been assessed civil penalties for any previous violations; and
O Whether payment of the civil penalty will prevent payment for the remaining necessary remalial
actions.
Date Alan W. Klimek, P.E.

hers
&Associates,lnc.
Since1918
July 18, 2006
Mr. William Moore
NC Department of Environment, Health and Natural Resources
Division of Land Resources - Land Quality Section
943 Washington Square Mall
Washington, North Carolina 27889
Subject: Stormwater Review SW7060212
Cypress Commons
Beaufort County, North Carolina
Dear Mr. Moore:
Engineers
Planners
Sttn-evors
RE,
JUL 2 0 2006
DWY-WARD
Attached for your review are two copies of the construction plans and requested calculations for
the subject project that have been revised in accordance with your comments. To assist in your
review, I have summarized our revisions below:
1. The extended dry detention basin supplement sheets (SWU-109) have been included for
the dry detention basins. Please note that ponds 2 and 3 are treated as one pond due to the
equalization pipe.
2. The plan has been revised to force runoff through a minimum of 100 LF of grassed swale
per your comment.
3. An on site soil investigation was performed and samples and a report are provided.
4. The drainage area map has been corrected.
5. The small diameter orifice calculations have been tabbed which show the pond being
drained in the required 2-5 day drawdown period.
6. Revised Stormwater Narrative, plans and calculations per your comments and revisions
made.
Thank you for your assistance with this project. Do not hesitate to call if you have any questions
or need any additional information.
With best regards,
Rivers and Associates, Inc.
i
Scott T. Anderson, P.E.
Project Engineer
STA/jsf
cc: Mr. Lucien Vaughn, Tarheel Associates, Inc.
107 East Second Street, Greenville. NC 27858 • Post (Ace Box 929 • Greenville. NC 27835 • [phone] • FAX [phone]
F-mail: [e-mail]

�F \NA7,F Michael F. Easley, Governor
William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
Q -t Alan W. Klimek, P.E. Director
Division of Water Quality
July 12, 2006
Ont
NorthCai
'Alatlin
Cypress Commons, LLC
Attn: Mr. Stephen C. Atkins, Sr.
1910 Carolina Ave.
Washington, NC 27889
Subject: Stormwater Review SW7060212
Cypress Commons
Beaufort County
Dear Mr.Atkins:
This office received a Coastal Stormwater permit application and plans for the subject project on
March 2, 2006. After reviewing your application, I requested (3) items of additional information by letter
dated April 12, 2006 (copy attached), Mr. Scott Anderson, with Rivers & Associates, provided a revised
application package to our office on May 8, 2006. The following items must be addressed before a
State Stormwater permit can be issued:
1) The Extended Dry Detention Basin supplement sheets must be completed; see No. II,
Required Items Checklist,
2) All runoff should be directed through a minimum 100 If grassed swale; then to one of the
Detention Basins,
3) Separation from Seasonal High Water Table must be supported by on -site soils investigation
and soils report.
4) Drainage Basins must be shown on site plan as described in stormwater narrative.
5) Revise outlet structure detail & provide small diameter orifice calculations.
6) Revise stormwater narrative, plans & details to reflect any changes.
The above requested information must be received in this office prior to August 14, 2006, 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 Evil penalties of up to $10,000 per day.
If you have questions, please feel free to contact me at [phone].
Sincere y, f!
William J. Moore
Environmental Engineer
Washington Regional Office
cc: Rivers & Associates
Beaufort County Pianning/laspections
Washington Regional Office
North Carolina Division of Water Quality Washington Regional Office Phone [phone] t FAX [phone] Customer Service
Internet: h2o.enr,state,nc.us 943 Washington Square Mall, Washington. NC 27889 1-877-623-6748
An Equal Opportunity Affirmative Action Employer — 50% Recycled110% Post Consumer paper

OF W A TF9 Michael F. Easley, Governor
�0 QG William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 12, 2006
Cypress Commons, LLC
Attn: Mr. Stephen C. Atkins, Sr.
1910 Carolina Ave.
Washington, NC 27889
Subject: Stormwater Review SW7060212
Cypress Commons
Beaufort County
Dear Mr.Atkins:
This office received a Coastal Stormwater permit application and plans for the subject project on
March 2, 2006. A preliminary review of your project has been completed. Before a State Stormwater
permit can be issued the following items must be addressed:
1) submit Extended Dry Detention Basins supplement sheet for each basin; include all
supporting calculations, explanations & plan details.
2) provide plan details, calculations & supporting information for all swales as per NCDENR
Stormwater BMP'manuai (see Design Requirements, Chapter 5).
3) revise stormwater narrative, plans & details to reflect any changes.
The above requested information must be received in this office prior to May 12, 2006, 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 21-1,1000 and North
Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day.
If you have questions, please feel free to contact me at [phone].
Sincerer,
William J. Moor
Environmental Engineer
Washington Regional Office
cc: Rivers & Associates
]Beaufort County Planning/Inspections
,/washington Regional Office
No Caro
1113aturw
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 1.877-623-6748
An Equal OpportunityWfirmative Action Employer— 50% Recycledli 0% Post Consumer Paper

D 8 #- -I-
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Ilivers
Engineers
Planners
& Associates,lnc. Surveyors
Since1918
February 15, 2006
Ms. Amy Franklin SELFEE WED
NC Department of Environment, Health and Natural Resources
Division of Water Quality ���`R 0 L�`�
943 Washington Square Mall
Washington, North Carolina 27889 DWQ-WARD
Subject: Cypress Commons
Beaufort County, North Carolina
Dear Ms. Franklin:
Attached are construction documents for the proposed construction a commercial site in
Chocowinity, North Carolina. This project will consist of the construction of one office/retail
buildings totaling 14,131 Sq. Ft., associated asphalt parking and BMP areas to handle storm
water runoff.
Enclosed for your review are the following:
1. Two copies of the Construction Plans
2. Two copies of the Stormwater Narrative
3. Financial Responsibility I Ownership Form
4. Submittal Fee ($420.00).
Thank you for your assistance with this project. Do not hesitate to call if you have any questions
or need any additional information.
With best regards,
Rivers and Associates, Inc.
Scott T. Anderson, P.E.
Project Engineer
Enclosures
cc: Mr. Lucien Vaughn, Tarheel Associates, Inc.
107 Fast Second Street. Greenville. NC 27858 • Post. Office Box 929 • Greenville. NC 27835 • (2i2) 752-4135 • FAX [phone]
G-nuiil: [e-mail]

a
5 r-c.p
ree-v
,JL(1'P6
I.
DFFICE.U5EONLY
Date Received Fee Paid Permit Number
D\fiJQ -\JVAR0 State:of.North Carolina st�l�KK 3�3�Q,!p
Department,of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT AP..PLICATIONFORM
Thls form maybephotocopiedfor use as an'original
GENERAU INFORMATION
1. Applicants name (specify the, name of the.corporation, individual, etc. who owns; the project);
Cypress Commons, LLC
2. Print Owner/Signing Official's namvand title (person -legally responsible for facility and compliance)::
Stephen C: Atkins..Sr.
3. Mailing Address -for person.Iisted.in.item 2 above'
1910 Carolina Ave:
City: Washington State: NC Zip, 27889
Telephone Number: ( 252 ) 975-OM
4. Project Nai-he'(subdivision;:facility, cr.eAablisliiiient name - should be consistent with project-hame ofrplans;
specifications, letters, operation.and maintenance..agreements, etc•):
Cypress Commons
5'. Location.of Projecf.(street address):
Old Blounts Creek Road:
City: Chocowinity County: Beaufort
6• Directior?s to pa dject (from -nearest majdr intersection);
From'intersection of Old Blounts Crook Road -(SR 1123) and NC HWY 33'.trim eastbound onto Old Blounts Creek Road. Site
is approximatey 1 Mlle on left.
7. Latitude:35.48703
Longitude. "77: 05927 of project
8. Contact person who can answer questions about the:project:
Name: Scott T. Anderson, PE Telephone Number: CT
11. PERMIT INFORMATION:
1. Specify whether project is (check one):
0 New ❑ Renewal
752-4135
_Modification
Form SWU-101 Version 3.99 Page 1 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 number and its issue date (if known)
3. Specify the type of project (check one):
❑ Low Density ✓❑ High Density ❑ Redevelop ❑ General Permit ❑ Other
4. Additional Project Requirements (check applicable blanks):
DCAMA Major OSedimentation/Erosion Control 0404/401 Permit EDiPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748. ,
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Stormwater will be conveyed etflo and swales to PrDposed dry detention basins
where it will be held for 2 days before being discharged into roadside swales.
2. Stormwater runoff from this project drains to the Tar -Pamlico River basin.
3, Total Project Area: 1.72 acres 4. Project Built Upon Area; 71.2 %
5. How many drainage areas does the project have?
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 format as below.
Basid' Iriformati'on! ,w'", ;'
e:a4r.-[,��.':�'r•{ :_n�i i, 1. .�I �,
�� li'i' td';' i 1'# Drainage,Area 1'"11�1'rf', i� I
all E�i 6{., } r, �. s.i� �..���
�y'3 rll�ln:1 I Drai'riage Areas
# ' ii.{I
Receiving Stream Name
Sidney Creek
Receiving Stream Class
SC, NSW
Drainage Area
1.72 Ac
Existing Impervious* Area
0
Proposed Impervious*Area
1.223
% Impervious* Area (total)
Impervious: rSurfacefAi ea �;;=:ry-
. .. '� ... .� }
7 .w- e-
€° q�' 1 ,,1I�3'Draxriage�Areall�x sF ;,_<(
.I*' •<iY�R YYIF:1 ...,{'44'.,, i' :.� i Il I1kTY.}+t n Ir.
9 i 9 1 -
�s,i� Drainage Area 2 ��!'s1
li . �.. P�I�i1'. �'A­t_..-F�
On -site Buildings
•299
On -site Streets
.490
On -site Parking
.380
On -site Sidewalks
.054
Other on -site
0
Off -site
0
Total: 1.223
Total:
* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of

. 4 .
7. How was the off -site impervious area listed above derived? Aerial Photography
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisionsrqutparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each loGntlmber, size and the allowable built -upon area for each lot must be provided as an attachment.
!. The followlri,• 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.
Z. No more than square feet of any 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 Iisted below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
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
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
-Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): Rivers and Associates
Mailing Address: PO BOX 929
City: Greenville State: NC Zip: 27858
Phone: ( 252 ) 752.4135 Fax: {252 j 752,3974
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2)
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000. it e a I
Signature
Date: 2 I 1/OLD
Form SWU-101 Version 3.99 Page of

S
I� BESTWATERFRONT.COM INC 6s i,z sa, 1670
PH, NANTICOKE 1r
f 107 NANTICOKE CT. o
CHOCOWINITY. NC 27817
hTa The \ �
The Order Of
- (%oG V iti LXd�c Ira DollarsSTEPH
!
BRANCH BANKING AND TRUST COMPANY MAUREV C. ATKINS AiJREEN I. ATKINS
WILLIANISTON, NORTH CAROLJNA
NP
1:

FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate a land -disturbing activity on one or more acres as covered by the Act
before this form and an acceptable erosion and sedimentation control plan have been completed and
approved by the Land Quality Section, NC Department of Environment, and Natural Resourcesa(Pleaset
type or print and, if question is not applicable, place NIA in the blank).
MAR 0 2 2006
Part A. gyp,
1. Project Name Cypress Commons DWO-WARD
7
3.
4.
5.
6.
7.
10
Part B.
Location of land -disturbing activity: County _ Beaufort County
City or Township Washington , and Highway/Street SR 1123 Old Blounts Creek Road
Approximate date land -disturbing activity will be commenced: March 2006
Purpose of development (residential, commercial, industrial, etc.): Commercial
Total acreage disturbed or uncovered (including off -site borrow and waste areas):
Amount of fee enclosed
Has an erosion and sedimentation control plan been filed? Yes X No
Enclosed
Person to contact should sediment control issues arise during land -disturbing activity.
Name Scott T. Anderson, PE —Telephone [phone]
Landowner(s) of Record (Use blank page to list additional owners):
Cvnress Commons. LLC
Name(s)
1910 Carolina Ave.
Current Mailing Address
Washington NC 27889
City State Zip
Current Street Address
City State Zip
Recorded in Deed Book No. 1465 Page No. 587
Person(s) or firm(s) who are financially responsible for this land -disturbing activity (Use a blank
page to list additional persons or firms):
Cypress Commons, LLC
Name of Person(s) or Firms(s)
1910 Carolina Ave.
Current Mailing Address
Washington NC 27858
City State Zip
Current Street Address
City State Zip
_(252) 975-0777
Telephone
Telephone

/'
2. (a) If the Financially Responsible Party is not a resident of North Carolina give name and street
address of a North Carolina Agent.
Name
Mailing Address
City State Zip
Telephone
Street Address
City State Zip
Telephone
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under
an assumed"name, attach a copy of the certificate of assumed name. If the Financially Responsible
Party is a Corporation give name and street address of the Registered Agent.
Stephen C. Atkins, Sr
Name of Registered Agent
1910 Carolina Ave._
Mailing Address Street Address
Washington NC 27889
City State Zip City State Zip
252 975-0777
Telephone Telephone
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath. (This form must be signed by the financially responsible person if an individual or
his attorney -in -fact or if not an individual by an officer, director, partner, or registered agent with
authority to execute instruments for the financially responsible person). I agree to provide corrected
information should there be any change in the information provided herein.
Ste hen C. Atkins Sr
Type or print name
Signature
Managing Partner
Title or Authority
Date
,21 r o�0
a Notary Public of the County of
State of North Carolina, hereby certify that f±—e4n Lr• 4AW<,STI---
appeared personally before me this day and being duly sworn acknowledged that the above form
was executed by him.
Wifies "r � jial seal, this ay of 20
Seal = �:' Notary �� h
My commission expires lAY
zo/y�

fil96-5pG598
MAR 0 2 2006
DWQ-WARD
JENNIFER LEGGETT WHITEHURST
BEAUFORT COUNTY REGISTER OF DEEDS
COURTHOUSE BUILDING
112 W. 2ND STREET
WASHINGTON, NC 27889
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Filed For Registration: 0711512005 04.04:08 PM
Book: RE 1465 Page: 587-590
Document No.: 2005005637
DEED 4 PGS $20.00
NC REAL ESTATE EXCISE TAX: $290.00
Recorder: BARBARA TAYLOR
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State of North Carolina, County of Beaufort
The foregoing certificate of MARCIA MOORE Notary is certified to be correct. This 15TH of July 2005
JENNIFER LEGGETT WHITEHURST , REGISTER OF DEEDS
By:L4'Qe—�JL
DeputylAscfelarrf Register of Deeds
*2005005637*
2005005637

executed in its name by its President, attested by its:
Secretary, and its corporate seal to be hereto affixed, all
by authority of its Board of Directors first duly given, this the
day and year first above written.
FIRST SOUTH BANK
BY: a 1)
President
4- .
STATE OF NORTH CAROLINA
COUNTY OF ^±
I, 41 r 1 Wy*4.r , a Notary Public of the State
and County aforesaid, certify that �; coo j12. G MA50A per-
sonally appeared before me this day and acknowledged that he/she
is L Secretary of FIRST SOUTH BANK, a North Carolina
banking corporation, and that by authority duly given and as the
act of the corporation, the foregoing instrument was signed in its
name by its ' President, sealed with it.s corporate seal
and attested by himself/herself as its _ Secretary.
WITNESS my hand and official seal, this the day of
J , 2 0 0 . yylA A40
eer,� i
tkO•q NOTARY PUBLIC
My Gommi • � t 4h
Gam•. � 2 .
.,,�' "',tote
c O u� 1`01�,

sxz`��5PC58.8
Land Surveyor, dated October 9, 1995, and identified by the following legend: "A Survey For
Weyerhaeuser Real Estate Company Cypress Landing Subdivision Commercial Site." This map is of
record in Plat Cabinet E, Slide 66-9, Beaufort County Registry and further reference is hereby made
to said map for a more complete and accurate description of this property.
TO HAVE AND TO HOLD the same, together with all and singular,
the rights, ways, privileges and appurtenances thereto belonging
or in anywise appertaining unto the said Grantee, its successors
and assigns, in fee simple, subject, however to the following:
1. 2005 Beaufort County Ad Valorem taxes.
2. Such easements, rights -of -way and restrictions of
record in the Beaufort County Registry.
3. Non --compliance with any local, county, state or federal
governmental laws, ordinances or regulations relative to zoning,
subdivision, occupancy, use, construction or the development of
the subject property.
4. Mineral Reservations contained in that certain deed of
record in Book 1033, Page 900, Beaufort County Registry.
5. Terms and conditions as stated on Exhibits C & D in
that certain deed of record in Book 1033, Page 900, Beaufort
County Registry.
The Grantor covenants with the Grantee that it is seized in
fee simple of the above described property and has good right and
title to convey the same; that the same is free and clear of all
liens and encumbrances, except those matters and things above set
forth, and that, subject thereto, it will forever warrant and
defend the title to the same against all lawful claims and
demands.
IN WITNESS WHEREOF, FIRST SOUTH BANK (successor in name
change to Home Savings Bank, SSB and NewSouth Bank, SSB), a North
Carolina banking corporation, has caused this instrument to be

x1485Qc5-8:7
6EAl1FORT COUNTY LAND RECORDS
LR - FORM001 # . r266450
ACCEPTED
Land Records OffM4 Date
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
FOR REGi5TRRTE03� REGISTER OF DEEDS
JENNiPe'R LEGGET7 WHITEHURST
BEAUFORT COUNTY: NC
2005 JUL 15 04:04:08 PIS
B0465 PG;587-590 FEE:$20,00
NC REVENUE STAMP V90.00
INSTRUMENT 4 2605005637
PREPARED BY and RETURN TO:
RODMAN, HOLSCHER, FRANCISCO & PECK, P. A.
Attorneys at Law
320 North Market Street
Post Office Sox 1747
Washington, NC 27889
Telephone: [phone]
THIS
DEED,
made and
entered into this
the 0 � day
�
of d�,
2005, by
FIRST
SOUTH BANK
(successor in
name change
to Home
Savings Bank, SSB and NewSouth Bank, SSB), a North Carolina
banking corporation, Grantor, to CYPRESS COMMONS, LLC, a North
Carolina Limited Liability. Company, Grantee, whose address is:
1910 Carolina Avenue, Washington, NC 27889;
W I T N E S S E T H:
That the Grantor, in consideration of the sum of Ten and
no/100 Dollars ($10.00) and other good and valuable considerations
to it paid by the Grantee, the receipt whereof is acknowledged,
has given, granted, bargained, sold and does hereby convey unto
the Grantee, in fee simple, that certain tract or parcel of land
lying and being in Chocowinity Township, Beaufort County, North
Carolina, more particularly described as follows:
THAT CERTAIN tract or parcel of land containing 1.72 acres, more or less, identified by the word
"COMMERCIAL" as the same is shown on that map prepared by David L. Janes, Jr., Registered
NO TITLE EXAMINATION REQUESTED OR PERFORMED
by RODMAN, HOLSCHER, FRANCISCO & PECK, P.A.

ft-
P, ivers Engineers
Planners
&Associates,lnc. Surveyors
Since1918
May 03, 2006
Mr. William Moore
NC Department of Environment, Health and Natural Resources
Division of Land Resources - Land Quality Section
943 Washington Square Mall
Washington, North Carolina 27889
Subject: Stormwater Review SW7060212
Cypress Commons
Beaufort County, North Carolina
Dear Mr. Moore:
mEIVED
MAY 0 d 2006
Attached for your review are two copies of the construction plans and requested calculations for
the subject project that have been revised in accordance with your comments. Please be advised
curb and gutter has been added to the site and the plans and calculations have been modified
accordingly. To assist in your review, I have summarized our revisions below:
1. Added curb and gutter.
2. Completed Extended Dry Detention Basin supplement sheet for each pond.
3. Provided swale and flume calculations.
4. Revised Stormwater Narrative, plans and calculations per your comments and addition of
curb and gutter.
Thank you for your assistance with this project. Do not hesitate to call if you have any questions
or need any additional information.
With best regards,
Rivers and Associates, Inc.
Scott T. Anderson, P.E.
Project Engineer
STA/jsf
Enclosures
cc: Mr. Lucien Vaughn, Tarheel Associates, Inc.
I07 Fast Second Street, Greenville. NC 27858 • Post Office Box 929 • Greenville. AC 27835 • [phone] • FAX [phone]
1,-mail: [e-mail]

D 7 2
NCDENR 4,� �s
North Carolina Department of Environment and Natural Resources
Request for Express Permit Review
FILL-IN all information below and CHECK required Permit(s). Fax or email this completed form along with a narrative
and vicinity map of the project location to the appropriate One -Stop Coordinator. -
Fayetteville or Raleigh Region -David tee 919-791-4203; davidleeancmail.net
Winston Salem Region -Sonja Basinger 336-771-4633 or sonia.basinaer(@-ncmall.net
• Mooresville & Asheville Region -Patrick Grogan 704-663-3772 or patrick.aroaan(a,ncmail.net
• Washington Region -Lyn Hardison 252-946.9215 or lyn.hardisonAmcmall.net
• Wilmington Region -Cameron Weaver 910-350.2004 or cameron.weaverOncmail.net
Project application received after 12 noon will be stamped In the following work day.
APPLICANT - Name Stephen C. Atkins, Sr.
Company Cypress Commons, LLC
Address 1910 Carolina Ave. City/State Washington, NC Zip 27889
Phone [phone] Fax Email
PROJECT SYSTEM(S) TRIBUTARY TO CHOCOWINITY BAY SURFACE WATER CLASSIFICATION SC; NSW
PROJECT NAME Cypress Commons County Beaufort
PROJECT LOCATION (ADDRESS) Approx. 1 mile from intersection of Old Blounts Creek Road (SR1123) and NC 33
ENGINEER/CONSULTANT Scott T. Anderson, P.E. _
Company Rivers & Associates
Address 107 East Second Street CitylState Greenville 1 NC Zip 27858
Phone [phone] Fax [phone] Email sand ersonC7dversandassociates.com
State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required []Yes ® No
❑ STREAM ORIGIN Determination: of Stream calls; Stream Name
® STORMWATER ❑Low Density ® High Density -Detention Pond
❑ Low Density -Curb & Gutter ❑ High Density -Infiltration
WETLANDS MUST BE ADDRESSED BELOW
❑ High Density -Other
❑ Off Site
❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
MANAGEMENT ❑ Upland Development ❑ Manna Development ❑ Urban Waterfront
❑ LAND QUALITY ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed.(CK # (tor DENR use))
❑ WETLANDS (401): Check all _that _apply
Wetlands on Site ❑ Yes ❑ No 1 Isolated wetland on Property ❑ Yes ❑ No
Wetlands Delineation has been completed: ❑ Yes ❑ No 1 Buffer Impacts: ❑ No ❑ YES; acre(s)
US ACOE Approval of Delineation completed: ❑ Yes ❑ No
404 Application in Process wl US ACOE: ❑ Yes ❑ No 1 Permit Received from US ACOE ❑ Yes ❑ No
401 Application required: ❑Yes ❑ No If YES, ❑ Regular ❑ Express
Perennial, Blue line stream, etc on site ❑ yes ❑ No
The legislation allows additional fees, not to exceed 50% of the original Express Review permit application fee, to be
charged for subsequent reviews due to the insufficiency of the permit applications.
`
-31 ( For DENR use only
Fee Split for multiple permits: (Check # t) Total Fee Amount $ 4C0?')
SUBMITTAL
DATES
Fee
SUBMITTAL
DATES
Fee
CAMA
- —
LQS
SW HD; LD ';;
401:
Stream Deter,_

CYPRESS COMMONS, LLC-71ev253� 1319
PH, 252-975-0777
107 WI NTCT SATE
CH,OCQWIIVITY, NC NC 27817
PAY TO THE � 1 /s _ �}� :.:::. •.�••y.• . _ .7�`
ORDER OF
OLLARS o. L-
Ernst &uth Bank ' .
e-
CHOCOWINITY,, INC 278 UBBIM
MEMO L gyp
-1:

�oF w AT C-;g
,o
C r
Mr. Stephen C. Atkins, Sr
Cyypress Commons, LLC
I press
-Carolina Ave.
Washington, NC 27889
Dear Mr. Atkins:
.O
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 6 2006
Member/Manager
49
2
cry
Subject: Stormwater Permit No. SW7060212
Cypress Commons
High Density Project
Beaufort County
The Washington Regional Office received a complete Stormwater Management Permit
Application for Cypress Commons on November 14, 2006. 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. SW7060212 dated December 6, 2006, for the construction of the subject
project.
This permit shall be effective from the date of issuance until December 6, 2016, 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
tog 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].
Sincerely,
"'kJA Hodge
Regional Supervisor
Surface Water Protection Section
AH/sav: C:ISTORMWATIPERMIT1SW7060212
cc: Scott Anderson, PE
Beaufort County Building Inspections
Washington Regional Office
Central Files
N one
6j Caro
�turan
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
Internet: wwwncwazerquaIitv.otg 943 Washington Square Mail, Washington, NC 27889 1-877-623-6748
An Equal OpportuniiylAHirmMve Action Employer — 50% Recycled110% Post Consumer Paper

State Stormwater Management Systems
Permit No. SW7060212
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
Cypress Commons, LLC
Cypress Commons
Beaufort County
FOR THE
construction, operation and maintenance of grassed swales in conjunction with two
extended_dry detention basins to be 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 6, 2016, and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The stormwater controls
have been designed to handle the runoff from 53,274 square feet of impervious
area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of this
permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements. The final plats for the project will be
recorded showing all such required easements, in accordance with the approved
plans.
5. The runoff from all built -upon area within the permitted drainage area of this project
must be directed into the permitted stormwater control systems.
Page 2 of 7.

State Stormwater Management Systems
Permit No. SW7060212
6. The following design criteria have been provided in the two extended dry detention
basins
and must be maintained at design conditions:
a.
Site Area, acres:
1.71
Basin 1
Basin 213
b.
Drainage Area to Basin, ac:
0.623
1.094
C.
Total Impervious Surfaces, ft2:
18,525
34,753
d.
Design Storm, inches:
1.00
1.00
e.
Basin Depth, feet:
0.80.
1.05
f.
Bottom Elevation, FMSL:
30.50
29.50
g.
Bottom Surface Area, ft2:
1,159
1,175
h.
Bypass Overflow Elevation, FMSL:
31.30
30.55
i.
Permitted Storage Volume, ft3:
1,311
2,223
j.
Receiving Stream/River Basin:
Sidney Creek / Tar -Pamlico
k.
Stream Index Number:.
29 - 6 - 4
I.
Classification of Water Body:
"SC; NSW'
II. SCHEDULE OF COMPLIANCE
1. The stormwater management system shall be constructed, in its entirety, vegetated
and operational for its intended use prior to the construction of any built -upon
surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary
to assure the permitted stormwater system functions at optimum efficiency. The
approved Operation and Maintenance 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 bypass structure, infiltration media, flow
spreader, catch basins, piping and vegetated filter.
g. A clear access path to the bypass 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.
Page 3 of 7

.:
State Stormwater Management Systems
Permit No. SV 7060212
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.
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 he effective from the date of issuance until December 6, 2016.
Application for permit renewal shall be submitted 180 days prior to the expiration
date of this permit and must be accompanied by the processing fee.
Page 4 of 7

State Stormwater Management Systems
Permit No. SW7060212
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 6th day of December, 2006,
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7060212
Page 5 of 7

State Stormwater Management Systems
Permit No. SW7060212
Cypress Commons
Stormwater Permit No. SW7060212
Beaufort County
Designer's Certification
the State of North Carolina, having
time) the construction of the project
(Project)
as a duly registered
been authorized to observe (periodically/ weekly/ full
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
In
Page 6 of 7

State Stormwater Management Systems '
Permit No. SV 7060212
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 bypass structure weir elevation is per the approved plan.
6. The bypass structure is located per the approved plans.
7. A Trash Rack is provided on the bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been provided.
12. All required design depths are provided.
13. All required parts of the system are provided.
14. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Washington Regional Office
Beaufort County Building Inspections
Page 7 of 7

File Tasks Queries Administration Help
i?
Find En
Payment Remission Petition Collection Settlement
Related Cases Comments r Events
summary rRelated Violations
r Penalty Assessed
Review
Case Number: CV-2006-0021
NOV:
Permit: Details..
SOC:
AD: DelaiEs..- Monitoring Report:
Details...
Facility;
Cypress Commons
Detaits...
Region: Washington County:
Beaufort
Owner:
Cypress CommonsLLC
Details...
Incident:
20060031
Details...
InspectDt:
ljetails...
*EventType
Event Date
Due Date
Comment
Penalty assessment approved
11129f2006
Penalty letter sent
11f29f2006
Facility received penalty letter
12/01/2006
Received response to penalty letter
12f27f2006
12/31/2006
Payment received
12/2712006
12/31/2006
Remission request received
Petition filed at OAH
Enforcement Case closed
12/270006
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■ Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the Card to you.
■ Attach this card to the back of the mallplece,
or on the front if space permits.
Article Addressed to:
CYPRESS COMMONS, LLC
MT. STEPHEN C. ATKINS, SR
1910 CAROLINA AVE
WASHINGTON NC 27889
A. Signature ham] r r
❑ Agent
�J�lkJl, ❑Addressee
B. Rk{elved by (Printed Name) C. Date of Pellyery
l�
D. Is delivery address different from Item ❑ Y
If YES, enter delivery address below: ❑ No
3. Service Type
Certified Mall
I ❑ Registered
l ❑ Insured Mall
❑ Express Mail
17 Return Recelpt for Merchandise
❑ C.O.D.
4. Restricted Delivery? (Fxire Fee) ❑ Yes
2' Art, , ' i ;`7006:410© 000.0 `8379 3L48 �,
PS Form 3811. February 2004 Domestic Return Receipt 102595-02-rn-1540

UNITED STATES POSTAL"SERVICE
71,
• Sender: Please print your name, addres-; 6HIF i � 151 '
N. C. Department of Environment
& Natural Resources
Washington Regional Office
DWQ/Surface Water Protection
943 Washington Square Mall
Washington North Carolina 27889

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
CYPRESS COMMONS, LLC
ATTN: STEPHEN ATKINS. SR
1910 CAROLINA AVE
WASHINGTON NC 27889
Aa!LB
Sit
13 Agent
Addressee
9. R ved by (Pdnfed Name) I C. Date of Delivgry
D. Is delivery address different from fterrPi? ❑ Yel
If YES, enter delivery address below. ❑ No
1
3, S_er%viJ�� Type
C$�er ed Mall
❑ Registered
' ❑ Insured Mail
❑ Express Mail
❑ Return Recelpt for Merchandise
❑ C.O.D.
4. Restricted Delivery? (Exba Fee) ❑ Yes
z. (Transfer
— 700L nZ©a 00oo 8377 3631
rrrmnsr�� �'
PS Form 3811, February 2004 Domestic Return Receipt 102585-02-M-154a

w7M
UNITED STATES POSTAL SERVICE
• Sender: Please print your name, address, and
N. C. Department of Environment
& Natural Resources
Washington Regional Office
DWQ/Surface Water Protection
943 Washington Square Mall
Washington North Carolina 27889
Fi Mail
Posta e$ Fees Paid
r.� USPS 10
o errnit 10