109-13 Haddon, Thomas

elopment-in Dare
as reque
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;don- October 7.2013 .-
all applicable regulations; spec
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inment

G. Haddon, IV
Permit # 109-13
Page 2 of 2
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
An Erosion and Sedimentation Control Plan may be required for this project. This plan shall be
filed at least thirty (30) days prior to the beginning of any land.disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 943
Washington Square Mall, Washington, NC 27889
Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
Stormwater Management
The N.C. Division of Energy, Mineral, and Land Resources approved this project under Stormwater
management rules of the Environmental Management Commission by way of Stormwater Permit No.
SW7130802 which was issued on 9/23/2013. Any violation of the permit approved by the DEMLR will
be considered a violation of this CAMA permit.
General
This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals
s , or authorizations that may be required.
-=No vegetated wetlands shall be excavated or filled, even temporarily.
The permittee and/or his .contractor shall meet with a representative of the Division prior to project
initiation in order to discuss the conditions set forth in this permit.
Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division of Coastal Management at [phone] prior to the
commencement of any such activity for this determination.

CAMA Major Permit Narrative
Ocean Commerce Park Addition
July 25, 2013
General
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The following Narrative will detail the stormwater management plan for Ocean Commerce Park
Addition located in Kill Devil Hills, Dare County, NC.
The existing site consists of two (2) parcels intended for recombination to create one (1) single
parcel. The first parcel has a street address of 701 W. Fresh Pond Dr. and currently has a
commercial building and associated drive and parking with very little vegetation. This property
fronts the southern side of W. Fresh Pond Dr and is currently owned by Mr. Brian McDonald.
The second parcel comprises the existing Ocean Commerce Park and has a street address of
2004 S. Croatan Hwy. This property fronts the western side of S. Croatan Hwy (US 158) and is
owned by Mr. William H. Higham, Ocean Commerce, LLC.
The purchaser of these parcels, and future permittee, Mr. Thomas G. Haddon, IV, proposes to
recombine the two parcels into a single property and construct an additional commercial
building (14,400 sq.ft.) on the remaining portion of the latter lot. To adhere to the Town of Kill
Devil Hills coverage limits, the existing improvements on the first parcel (701 W. Fresh Pond
Dr.) will be removed.
The proposed commercial building addition will have 2 (two) 1,800 sq.ft. warehouse units, one
(1) 3,600 sq.ft. office with upstairs warehouse unit and one (1) 7,200 sq.ft.
warehouselfabrication unit. This proposed addition will contain all associated infrastructure,
including water, septic, stormwater, and electrical utilities.
Need For CAMA Permitting
Located to the west of the property is a fresh water lake (known as Fresh Pond) that is reserved
as a raw water supply source for both the Town of Kill Devil Hills and Nags Head. To protect this
water source, the North Carolina Coastal Resource Commission has designated Fresh Pond as
a Small Surface Water Supply Watershed Area of Environmental Concern (AEC) and adopted
specific detailed development standards as set out below:
"To adequately protect the fresh pond, it is necessary that construction of septic tanks and other
sources of pollution within the limits of the cone of depression be regulated as follows:
(1) Within 500 feet, horizontal distance of the edge of the pond, no construction of sewers,
septic tanks, nitrification fields or other possible sources of pollution shall be permitted.
(ii) Between the distances of 500 feet and 1200 feet from the edge of the pond, construction
of septic tank systems shall be limited to one single tank system serving a single family
residence not to exceed four bedrooms or its equivalent volume of sewage, on a lot or
tract of land not less than 40,000 square feet"
The majority of the subject property is within 1,200 feet of the edge of Fresh Pond and the
majority of the addition proposed herein is within the 500 foot distance. As a result of proposing
development within the 1,200 ft. AEC and the need for other State Permits, this project must
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DCM Coordinator: _J. (_tj Permit #: 0 f —t 3
MAILING DISTRIBUTION SHEET
R
Agents: Q, nkk_ A- V45 S--U—
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Washington
Wilmington
US ALOE Offices:
Washington: Raleigh Bland .�
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Dave Timpy
Cultural Resources: Renee Gledhill -Early
Public Water Supply: Debra Benoy (WIRO)
Joey White (WARD) /
Marine Fisheries: Anne Deaton %
Jeannie Hardy
NC DOT: Ken Pace /
Shellfish Sanitation: Patti Fowler
State Property: Tim Walton /
Water Quality: Karen Higgins (Raleigh) /
John Hennessy (NC DOT)
Washington: Anthony Scarbraugh-401
Scott Vinson-Stormwater
Wilmington: Joanne Steenhuis — 401
Chad Coburn - 401
Linda Lewis - Stormwater
Wildlife Resources: Maria Dunn (WARD)
Vacant (WIRO)
LPO:
Fax Distribution: Permitee #:
Agent #:

REM
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
October 9, 2013
Thomas G. Haddon
151 W. Waterside Lane
Nags Head, N.C. 27959
Dear Sir or Madam:
John E. Skvarla, III
Secretary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by
you and it must be available on site when the project is inspected for compliance. Please sign both the original and the
copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have
waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty (20) days
of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried
out in accordance with your application. Modifications, time extensions, and future maintenance requires additional
approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are
having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request that you
complete and mail the enclosed'Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance.
By working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
Sincerely,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoaslalmanagement.net
An Equal Opportunity l Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT 'PXCMVEB
1. APPLICANT'S NAME: Thomas G. Haddon IV, Ocean Commerce PaFk AUG 12 2013
2. LOCATION OF PROJECT SITE: 2004 S. Croatan Highway, Kill Devil H* CrrV
County
Photo Index — 2006: 185-7217 (V,16) 2000: 185-2087 (V,16)
1998: 42-1069 (F,20)
State Plane Coordinates - X: 2990194 Y: 833319
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — August 5, 2013
Was Applicant Present - no
5. PROCESSING PROCEDURE: Application Received Complete — 8/1/2013
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Dare County
Land Classification From LUP — Developed, Conservation
(B) AEC(s) Involved: Small Surface Water Supply Watershed Area of Environmental
Concern
(C) Water Dependent: no
(D) Intended Use: commercial
(E) Wastewater Treatment: Existing — onsite septic system
Planned - onsite septic system
(F) Type of Structures: Existing — warehouse facility, paved parking area,
septic system
Planned - remove existing improvements on Lot 1
and construct 4 new warehouse units
(G) Estimated Annual Rate of Erosion: n/a
Source — n/a
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(C) Other- High ground
Fresh Pond AEC
66,211 sq ft
disturbed
(D) Total Area Disturbed: 66, 211 sq ft. (1.52 acres)
(E) Primary Nursery Area: n/a
(F) Water Classification: n/a Open: n/a

Field Investigation Report
Page 2
8. PROJECT SUMMARY: The applicant proposes to develop two parcels of land by
removing all existing improvements and constructing 4 warehouse units including water
lines, utilities, parking area, and a septic system
Project Setting
The project site is located at 2004 S. Croatan Highway Kill Devil Hills, Dare County. A smal.
portion of the project site is within the 1200 ft Public Water Supply Area of Environmental
Concern (AEC) as defined in 15A.NCAC 07H. 0405. The tract is currently developed with a
warehouse and parking area on Lot 1 of the tract. The entire tract is 198,364 sq. ft. The
elevation of the tract is approximately 11 ft above sea level and is vegetated with typical
grasses, live oaks, woody shrubs, and pine trees.
Development Proposal
The applicant proposes to combine 2 separate parcels of land into one tract and demolish an
existing warehouse and parking area that is located on Lot 1 and then construct several
separate warehouse buildings totaling 14,400 sq.ft. The proposed warehouses include two
1,800 sq. ft. buildings, one 3,600 sq. ft. building, and one 7,200 sq. ft. building. The proposed
development also involves the construction of a parking area, water lines, utility lines, and an
onsite septic system that is proposed more than 500 ft. from the Fresh Pond and is designed to
dispose of 480 gallons per day which is equal to a four bedroom home.
Anticipated Impacts
The proposed project will result in 66,211 sq. ft. of impervious surfaces within the Fresh
Pond AEC.
Submitted by: Kelly Russell
Date: August 8, 2013

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: thomas G. Haddon, IV; Ocean Commerce Park CotxW yO(I
LOCATION OF PROJECT: 2004 S. Croatan Hwy, Kill Devil Hills; Public Water Supply AEC �?
DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 08/01/13
FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
Eloz % I and
aanf�aa �`
FIELD REPRESENTATIVE: Kelly Russell DDII/STRICT OFFICE: Elizabeth City
DISTRICT MANAGER REVIEW: -W Date: /
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (100%)
PUBLIC NOTICE REC'D: Advertise: 08/13/13
ADJ. RIP. PROP NOTICES REC'D:
END OF NOTICE DATE: Comments due: 09/02/13
DEED REC'D:
APPLICATION ASSIGNED TO: ON: D l 16t1/3
7
C) 75 DAY DEADLINE: 10/15/13
MAIL OUT DATE: Circulation: 08/08/13
FEDERAL DUE DATE:
150 DAY DEADLINE:
STATE DUE DATE: Comments due: 08/29/13
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY
DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
—7-y
Coastal Management - LUP Consistency
5�— a0
+
Division of Community Assistance
Land Quality Section
Division of Water Quality
Stour Water Management (DWQ)
State Property Office
Division of Archives & History
Division of Environmental Health
-(S
Division of Highways
Wildlife Resources Commission
- (Q
Local Permit Office
Division of Marine Fisheries
Corps of Engineers

Assigned to G-0 Von i
OCcan Carnt-#a1Ce Polk
Assigned on
Prepare for signature following review by other Assistant Major Permits Coordinator
Date draft permit given to other Assistant Major Permits Coordinator
Date reviewed by other -Assistant Major Permits Coordinator
Prepare draft for review by Major Permits Coordinator
Date draft permit given to Major Permits Coordinator
Date reviewed by other Major Permits Coordinator
X� Other
` / v/0 CorP5
Pre 5ti QOn c//7CC
Written approval from DWQ is is n t required for this project.

�o
WDEMR
North Carolina Department of Environment and Natural Resources
Dhrlslon of Coastal Management
Pat McCrory Governor Braxton C. Davls John E. Skvada, III
Director
Secretary
August 8, 2013
MEMORANDUM
TQ Kevin Hart
NC Division of Marine Fisheries, WaRO
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT:, CAMA Permit Application Review
Applicant: Thomas G. Haddon; IV; Ocean Commerce Park
Project Location. . .2004 S. Croatan Hwy, Kill Devil Hills; Public Water Supply AEC
Proposed Project: 4 warehouse units with associated utilities
Please indicate below your agency's position or viewpoint on.the.proposed project and return this form by 08/29/13 to 400. Commerce Avenue Morehead City NC 28557 (fax [phone].
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901, ext. 233. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to.the project as proposed.
.This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments:
SIGNED DATE
1367 US 17 South, Eirzbeth City, NC 27909
Phone: 252-2W901 I FAX: 252-264,3723 ; Internet www.ncmastalmanagement.no
An Equal Opportunity.l Affirmative Action Employer

p L>
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
August 8, 2013
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Anthony Scarbraugh, 401/Wetlands/Buffers
Division of Water Quality - WaRO
Doug Huggett
Major Permits Processing Coordinator
CAMA Permit Application Review
Thomas G. Haddon, IV; Ocean Commerce Park
RECEIVED
AUG 1 2 2013
DWQO.WARO
O�r� a$'�OV11j�VZ
RECEIVED
AUG .16 2013
2004 S. Croatan Hwy, Kill Devil Hills; Public Water Supply AEC
DCM m. n CITY
4 warehouse units with associated utilities
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/29/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901, ext. 233. When appropriate, in-depth comments with supporting data are requested.
REPLY: ✓ This agency has no objection to the project as proposed. >G6
M4..4 a Jvd tip I
This agency has no comment on the proposed project. tc-&UM+a,�>
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 US 17 Sou Elizabe dy, NC 27909
Phone: [phone]f Y3723 ; Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

41
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
MEMO
To: Doug Huggett, Major Permits Processing Coordinator
Through: Amy Adams, Supervisor DWR Water Quality Programf9'
From: Anthony Scarbraugh, Environmental Senior Specialisgy
Subject: Comments on Thomas G. Haddon, IV, Ocean Commerce Park proposed 4
warehouse units with associated utilities
Date: August,15, 2013
Review of the subject project found that the proposed project would not have any anticipated
impacts on wetlands or surface waters. Should this change during the implementation of the
proposed project this Office should be contacted immediately. If you should have any
questions or require additional information you may e-mail me at
[e-mail] or contact me by phone at 252-948-3924.
AIM, 16 2013
DCV.''VM CITY
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Ralgh, North Carolina 27604
Phone: [phone] Fax: [phone]
Internet:: w .ncxaterouality.oro
An Equal OpponunityURrmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
August 8, 2013
MEMORANDUM
TO: Maria Tripp Dunn RBqftD
NC Wildlife Resources Commission
FROM: Doug Huggett ALI6 16 2013
Major Permits Processing Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Thomas G. Haddon, IV; Ocean Commerce Park
Project Location: 2004 S. Croatan Hwy, Kill Devil Hills; Public Water Supply AEC
Proposed Project: 4 warehouse units with associated utilities
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/29/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901, ext. 233. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
VThis office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED Nl..,� j— DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] % FAX: [phone] ; Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

NCDENR
p
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Braxton C. Davis John
E. Skvarla, III
Governor
Director
Secretary
August 8, 2013
MEMORANDUM
TO:
Charlan Owens, District Planner
Division of Coastal Management
RECEryEI)
FROM:
Doug Huggett
AUG 16 1Q 3
Major Permits Processing Coordinator
SUBJECT:
CAMA Permit Application Review
DCM-,AvmCB,y
Applicant: Thomas G. Haddon, IV; Ocean Commerce Park
Project Location: 2004 S. Croatan Hwy, Kill Devil Hills; Public Water Supply AEC
Proposed Project: 4 warehouse units with associated utilities
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/29/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901, ext. 233. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGN DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] \ FAX: [phone] ; Internet: www,ncouastalmanagement.net
An Equal Opportunity \ Affirmative Adion Employer

North
Pat McCrory
Governor
NCDENR
Carolina Department of Environment and Natural Resources
Division of Coastal Management
John E. Skvarla, III
Secretary
Braxton C. Davis
Director
MEMORANDUM
TO: Doug Huggett, DC Major Permit Coordinator
FROM: Charlan Owen AICP, NE DCM District Planner
SUBJECT: Major Permit Request by Thomas G. Haddon IV to remove existing improvements
on property at 701 West Fresh Pond Drive and construct a commercial warehouse
with a building footprint of 14,000 sq. ft. and associated driveway, parking, loading,
stormwater, water, septic and electrical utility improvements within 1,200 foot of
the Fresh Pond Public Water Supply Area of Environmental Concern (AEC); at
701 West Fresh Pond Drive and 2004 South Croatan Highway, in the Town of Kill
Devil Hills. REMMED
DATE: August 14, 2013 AUG 16 2013
Consistency Determination: The request is consistent with/not in conflict with the 1997 Town
of Kill Devil Hills Land Use Plan certified by thef) min arch
24, 2000.
Overview: The project area consists of two (2) parcels totaling 4.55 acres that are located
within 1,200 feet of the Fresh Pond Water Supply Area of Environmental Concem (AEC). The
first parcel is a 10,000 sq. ft. lot with an existing commercial warehouse building and associated
driveway and parking area accessed from West Fresh Pond Drive. The second parcel consists
of 4.32 acres and includes the Ocean Commerce Park Condominiums, a twenty (20) unit
commercial warehouse structure accessed from a driveway off South Croatan Highway that
accesses parking in front of the units and ends in a cul-de-sac. Approximately 1.3 acres of land
area southwest of the cul-de sac is vegetated and undeveloped. The undeveloped area abuts
the 10,000 sq. ft. lot. The project area is approximately 11 feet above sea level and is located in
the "Shaded X" Floodzone.
Removal of existing improvements on the 10,000 sq. ft. lot, and construction of a commercial
warehouse with a building footprint of 14,000 sq. ft. and associated driveway, parking, loading,
stormwater, water, septic and electrical utility improvements are proposed. An asphalt driveway
connecting to West Fresh Pond Drive and a stormwater infiltration area will be located on the
10,000 sq. ft. lot. The commercial warehouse will be accessed from the proposed driveway
and located on the undeveloped area on the abutting lot, just west of the cul-de-sac. Four (4)
units are proposed for the warehouse, one (1) of which will include 3,600 sq. ft. of second floor
space. Office and fabrication uses are also indicated for the warehouse. Parking and loading
spaces will be accessed from the driveway and consist of a combination of asphalt and
turfstone (if allowed by local ordinances). Water service will extend from the existing
commercial warehouse structure located 100 feet to the northeast. A septic system and repair
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] \ FAX: [phone] ; Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
MEMORANDUM
Page 2 of 3
area will be located just southeast of the cul-de-sac, between the existing and proposed
commercial warehouse buildings. All utilities will be placed underground. An emergency gate
will be installed at the cul-de-sac, blocking through traffic. The parcels will be recombined into a
single property, but will have separate access points.
Building elevations indicate the structure to be approximately 28 feet in height from the finish
floor to the peak panel, with an interior height clearance ranging from approximately 17 to 20
feet. As indicated on the site plan, the project is located in the "Light Industrial' zoning district.
The project site is located within the 1,200 foot Fresh Pond Public Water Supply Area of
Environmental Concern (AEC). The Fresh Pond is a fresh water lake that is reserved as a raw
water supply source for both the Town of Nags Head and the Town of Kill Devil Hills.
Anticipated Impacts resulting from this project are expected to include: the disturbance of 1.52
acres of Highground within the Fresh Pond Area of Environmental Concern (AEC).
Basis for Determination:
The Town of Kill Devil Hills Land Classification Map identifies the 10,000 sq. ft. lot as
"Community" and the 4.32 acre lot as "Developed". As indicated on Page V-3, Areas of
Environmental Concern (AECs) are identified as "Conservation". The following LUP policies
may be applicable to this request:
Areas of Environmental Concern: Page IV-3
"The Town supports the guidelines of the Coastal Area Management Act and
the associated policies of the Coastal Resources Commission but reserves the
right to oppose specific sections of the CAMA. The Town is opposed to any
additional AEC designations or the extension or enlargement of any existil§CEPIED
AEC designations within its borders".
Protection of Potable Water Supply:
Page IV-5
"The Town supports the protection of its water supply resources".
Stormwater Runoff:
Page IV-7
AUG 16 2013
� •u
"The Town supports the mitigation of adverse impacts associated with
stormwater runoff within Town limits and the policies adopted as part of the
Town of Kill Devil Hills Stormwater Management Plan Update, 1988 and
subsequent updates."
1367 US 17 South, Elizabeth City, INC 27909
Phone: [phone] FAX: [phone] ; Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Industrial Impact on Fresh Pond AEC:
Page IV-8
MEMORANDUM
Page 3 of 3
"The Town supports the protection of fragile areas such as the Fresh Pond
AEC and supports measures to mitigate potential adverse effects of industrial
uses."
Redevelopment:
PagelV-20
"The Town supports redevelopment of developed areas only after the review of
any redevelopment plans for consistency with the Town's land use strategy..."
Energy Facilities:
PagelV-25
"The Town... supports the placement of utility lines underground."
Building Heights:
Page IV-41
"...A maximum building height of 50 feet in the commercial and light industrial
zoning districts is also supported."
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX:[phone]; Internet: www.nocoastalmanagement.net
RECENED
AUG 16 2013
DCM MHD CITI•
An Equal Opportunity 1 Affirmative Action Employer

Z��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvada, III
Governor Director Secretary
August 8, 2013
MEMORANDUM
TO:
I'YSi1]1
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Patti Fowler, Shellfish Sanitation
DIVISION OF MARINE FISHERIES
Doug Huggett
Major Permits Processing Coordinator
CAMA Permit Application Review
j
� d AUG 12 2013 1
Snellrish aS? mta,ion Recreational
.coon
Thomas G. Haddon, IV; Ocean Commerce Park
2004 S. Croatan Hwy, Kill Devil Hills; Public Water Supply AEC
4 warehouse units with associated utilities
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/29/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901, ext. 233. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
XThis office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED %J,_ sk P-11, %-6 r DATE $113/ 13 V. RECEPMD
1367 US 17 South., Elizabeth City, NC 27909
Phone: [phone] FAX: 252-264,3723 ; Internet: www.ncooastaimanagement.net
AUG 15 2013
An Equal Opportunity 1 Affirmative Action Employer
DCM-MHD CITY

SEP-03-2013 08:17 From:DCM-DMF ECITY 2522643723 To:912522473330 P.2/2
RECEIVED AUG 1.5 2U1S
NCaEIr
North -Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory StaxIon C. Davis John E. Skvarla, III
Governor Director Socretary
August 8, 2013
MEMORANDUM
TO: Tien Pace
NC DOT, State Construction/Materials Branch
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA Permit Application Retiiew
Applicant: Thomas G. Haddon, f'V; Oman Commerce Park
Project Location: 2004 S. Croatan Hwy, Kill Devil Hills: Public Water Supply AEC
Proposed Projeet: 4 warehouse units with associated utilities
Please indicate below your agency's position or viewpoint on the proposed project And return this
form by OW24/13 to 400 Commerce Avenue, Morehead City. NC 28557 tfnx: 2527247-3330).
If you have any questions regarding the proposed projec , please contact Kelly Russell at (257)
264-3901, ext. 233. When appropriate, in-depth comments with supporting data are requested.
REPLY. `7�- This office has no objection to the project as proposed.
— This office has no comnTent on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
STGNYrD DXf% Q t'
1367 US 17 South, Elizabeth C6y, NC 27909
Phone: [phone]GW V FAX [phone] In*net www.ncooast?J,nanaemertLnet
An Equal OppwWaly \ Affirmative Action Em*yer
se/Z�a 3jctid
1GO-+N E£/bTFC707 r..•... ___

Pat McCrory
Governor
MEMORANDUM:
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Thomas A. Reeder
Director
August 27, 2013
To: Doug Huggett
Major Permits Processing Coordinator
Coastal Management Division
400 Commerce Avenue
Morehead City, NC 28557
From: David Tuten, Environmental Engineer, PWSS/WaRO
Subject: CAMA/DREDGE & FILL Permit Application Review
Applicant: Thomas G. Haddon, IV; Ocean Commerce Park
Project Location: 2004 S. Croatan Hwy, Kill Devil Hills; Public Water Supply AEC
Proposed Project: 4 warehouse units with associated utilities
REPLY: X This office has no objection to the project as proposed.
This office has no comment on the proposed project.
John E. Skvarla, III
Secretary
AUG 2 9 2013
DCM--MHD CITY
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
Comments:
• Proposed project should not impact any potable water sources.
Engineers and Contractors should be aware of utility location within the project area. Please contact the
local water utility to assist with the location of existing water mains in or near the project area.
• The location or replacement of potable water supply lines will require engineered plans and specifications
to be submitted to the Public Water Supply Section for review and approval before construction. Final
approval must be issued before placing the water mains into service.
SIGNED
Public Water Supply Section — Jessica C. Godreau, P.E., BCEE, Chief
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] \ FAX: [phone] \ Intemet: www.ncwater.org/pws/
An Equal Opportunity1 Affirmative Action Employer
DATE &J���Zar

DIVISION DYE COA3TA[, T FWA
1367 US 17 South, $lizabeth City, NC 27009 '
Dd�1RPhone: 252-264-3901; Fas: 252-264-3723 NC
FAX MEMORANDUM
TO, I
COMPANY:
PHONE NO: FAX NO:
FROM:
DATE: I TOTAL NO. OF PAGES: 3
SUBJECT:
£/T'd 0£££Lb22S2T6:01 £2MI922S2 AlI33 JWO-WJO:wOJJ 8£:ST £T02-02-9nu

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
MEMORANDUM
TO, Doug Hugged, Major Permits Coordinator
THROUGH: Frank A Jennings, III, District Manager
FROM: Kelly Russell, Field Representative �_ 1L
DATE: August 16, 2013
SUBJECT: Thomas G. Haddon IV, Ocean Commerce Park Major Permit Recommendations
The applicant proposes to develop two parcels of land by removing all existing improvements and
constructing 4 warehouse units including water lines„ utilities, parking area, and a septic system. The
proposed project is located at 2004 S. Croatan Highway Kill Devil Hills, Dare County. The project involves
the Small Surface Water Supply Watershed Area of Environmental Concem.
I have reviewed the Rules of the Coastal Resources Commission as they pertain to development within the
Small Surface Water Supply Watershed Area of Environmental Concern (AEC). My findings of the
applicability of these rules to major permit application are as follows:
15A NCAC 07H .0403 MANAGEMENT OBJECTIVE FOR PUBLIC WATER SUPPLIES
The CRC objective in regulating development within critical water supply areas is the protection and
preservation of public water supply well fields and A -II streams and to coordinate and establish a
management system capable of maintaining public water supplies so as to perpetuate their values to the
public health, safety, and welfare.
Consistent: The proposed development meets the intent of this rule.
15A NCAC 07H .0405 SMALL SURFACE WATER SUPPLY WATERSHEDS
(b) Use Standards. The CRC or local designated official shall approve an application upon finding that the
project is in accord with the following minimum standards:
(1) Ground absorption sewage disposal systems shall be located a minimum of 100 feet from A -II
surface waters.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affmnative Action Employer - 50% Recycled 110% Post Consumer Paper
£i2'd 0£££Lb2252T6;01 £24£b922S2 AlI33 dW0-WJC1:w0ad 8£:ST £T02-02-E)nu

(2) Development requiring a national pollution discharge elimination system (NPDES) permit will be
denied an AEC permit until the NPDES permit is secured.
(3) Land -disturbing activities (land clearing, grading, and surfacing) shall be in compliance with the
mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973 in G.S.
113A-57,
(4) In instances where a detailed hydrologic study of a small surface water supply watershed has
been made, more detailed standards may be applied-
(c) Designated Small Surface Water Supply Watersheds. The CRC has designated the following small
surface water supply watersheds and developed detailed standards as set out in this Paragraph:
(1) The fresh pond between Kill Devil Hills and Nags Head on Bodie Island and adjacent
catchment area. The Department of Environment, Health, and Natural Resources proposed the
fresh water lake on Bodie Island in Dare County as an area of environmental concern.
(A) Both the towns of Nags Head and Kill Devil Hills have water treatment plants which lake their
raw water from the fresh water lake located between the two towns on Bodie Island. The lake is
approximately one -quarter mile west of the U.S. 158 bypass. This fresh water lake is supplied by
groundwater from the surrounding landmass and rainfall.
(B) This area is near the Cape Hatteras National Seashore Recreation Area. In addition, Kill Devil
Hills is the site of the Wright Brothers Memorial, a national monument. As a major tourist
attraction this area draws people from across the east coast. Contamination of the water supply
could, therefore, have an effect not only on other areas of the state but the east coast as well.
(C) To adequately protect the fresh pond, it is necessary that construction of septic tanks and other
sources of pollution within the limits of the cone of depression be regulated as follows:
(i) Within 500 feet, horizontal distance of the edge of the pond, no construction of sewers,
septic tanks nitrification fields or other possible sources of pollution shall be permitted.
(ii) Between the distances of Boo feet and 1200 feet from the edge of the pond,
construction of septic tank systems shall be limited to one single septic tank system
serving a single family residence not to exceed four bedrooms or its equivalent volume of
sewage, on a lot or tract of land not less than 40,000 square feet.
Consistent; The proposed development meets the intent of this rule.
The proposed development is consistent with the applicable rules and I recommend approval of the
development with standard conditions pertaining to development within the Small Surface Water Supply
Watershed Area of Environmental Concern.
£i£'d 0£££Lb2292T6:01 £2L£7922S2 AII03 dWG-W90:W0Jd 8£:ST £T02-02-EMU

I�CDFTIR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
August 8, 2013
MEMORANDUM
TO:
IytZ17uF
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Braxton C. Davis
Director
Lee Padrick
Division of Community Assistance
Doug Huggett
Major Permits Processing Coordinator
CAMA Permit Application Review
Thomas G. Haddon, IV; Ocean Commerce Park
V)6
John E. Skvada, III
Secretary
RECEIVBA
SEP 0 3 2013
DC94-WID CITY
2004 S. Croatan Hwy, Kill Devil Hills; Public Water Supply AEC
4 warehouse units with associated utilities
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 08/29/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901, ext. 233. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
y This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED �H� DATE 8—.'►-'� —�3
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone] ; Internet: www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

e 1G
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
7F:10A 41GL1,1a111u
RECEIVED
TO: Doug Huggett, Major Permits Coordinator 106 29 2013
THROUGH: Frank A. Jennings, III, District Manager
DCM-MRD CITY
FROM: Kelly Russell, Field Representative OL
DATE: August 16, 2013
SUBJECT: Thomas G. Haddon IV, Ocean Commerce Park Major Permit Recommendations
The applicant proposes to develop two parcels of land by removing all existing improvements and
constructing 4 warehouse units including water lines„ utilities, parking area, and a septic system. The
proposed project is located at 2004 S. Croatan Highway Kill Devil Hills, Dare County. The project involves
the Small Surface Water Supply Watershed Area of Environmental Concern.
I have reviewed the Rules of the Coastal Resources Commission as they pertain to development within the
Small Surface Water Supply Watershed Area of Environmental Concern (AEC). My findings of the
applicability of these rules to major permit application are as follows:
15A NCAC 07H .0403 MANAGEMENT OBJECTIVE FOR PUBLIC WATER SUPPLIES
The CRC objective in regulating development within critical water supply areas is the protection and
preservation of public water supply well fields and A -II streams and to coordinate and establish a
management system capable of maintaining public water supplies so as to perpetuate their values to the
public health, safety, and welfare.
Consistent: The proposed development meets the intent of this rule.
15A NCAC 07H .0405 SMALL SURFACE WATER SUPPLY WATERSHEDS
(b) Use Standards. The CRC or local designated official shall approve an application upon finding that the
project is in accord with the following minimum standards:
(1) Ground absorption sewage disposal systems shall be located a minimum of 100 feet from A -II
surface waters.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

(2) Development requiring a national pollution discharge elimination system (NPDES) permit will be
denied an AEC permit until the NPDES permit is secured.
(3) Land -disturbing activities (land clearing, grading, and surfacing) shall be in compliance with the
mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973 in G.S.
113A-57.
(4) In instances where a detailed hydrologic study of a small surface water supply watershed has
been made, more detailed standards may be applied.
(c) Designated Small Surface Water Supply Watersheds. The CRC has designated the following small
surface water supply watersheds and developed detailed standards as set out in this Paragraph:
(1) The fresh pond between Kill Devil Hills and Nags Head on Bodie Island and adjacent
catchment area. The Department of Environment, Health, and Natural Resources proposed the
fresh water lake on Bodie Island in Dare County as an area of environmental concern.
(A) Both the towns of Nags Head and Kill Devil Hills have water treatment plants which take their
raw water from the fresh water lake located between the two towns on Bodie Island. The lake is
approximately one -quarter mile west of the U.S. 158 bypass. This fresh water lake is supplied by
groundwater from the surrounding landmass and rainfall.
(B) This area is near the Cape Hatteras National Seashore Recreation Area. In addition, Kill Devil
Hills is the site of the Wright Brothers Memorial, a national monument. As a major tourist
attraction this area draws people from across the east coast. Contamination of the water supply
could, therefore, have an effect not only on other areas of the state but the east coast as well.
(C) To adequately protect the fresh pond, it is necessary that construction of septic tanks and other
sources of pollution within the limits of the cone of depression be regulated as follows:
(i) Within 500 feet, horizontal distance of the edge of the pond, no construction of sewers,
septic tanks nitrification fields or other possible sources of pollution shall be permitted.
(ii) Between the distances of 500 feet and 1200 feet from the edge of the pond,
construction of septic tank systems shall be limited to one single septic tank system
serving a single family residence not to exceed four bedrooms or its equivalent volume of
sewage, on a lot or tract of land not less than 40,000 square feet.
Consistent: The proposed development meets the intent of this rule.
The proposed development is consistent with the applicable rules and I recommend approval of the
development with standard conditions pertaining to development within the Small Surface Water Supply
Watershed Area of Environmental Concern.
% RECEIVED
^UG 29 2013

(2) Development requiring a national pollution discharge elimination system (NPDES) permit will be
denied an AEC permit until the NPDES permit is secured.
(3) Land -disturbing activities (land clearing, grading, and surfacing) shall be in compliance with the
mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973 in G.S.
113A-57.
(4) In instances where a detailed hydrologic study of a small surface water supply watershed has
been made, more detailed standards may be applied.
(c) Designated Small Surface Water Supply Watersheds. The CRC has designated the following small
surface water supply watersheds and developed detailed standards as set out in this Paragraph:
(1) The fresh pond between Kill Devil Hills and Nags Head on Bodie Island and adjacent
catchment area. The Department of Environment, Health, and Natural Resources proposed the
fresh water lake on Bodie Island in Dare County as an area of environmental concern.
(A) Both the towns of Nags Head and Kill Devil Hills have water treatment plants which take their
raw water from the fresh water lake located between the two towns on Bodie Island. The lake is
approximately one -quarter mile west of the U.S. 158 bypass. This fresh water lake is supplied by
groundwater from the surrounding landmass and rainfall.
(B) This area is near the Cape Hatteras National Seashore Recreation Area. In addition, Kill Devil
Hills is the site of the Wright Brothers Memorial, a national monument. As a major tourist
attraction this area draws people from across the east coast. Contamination of the water supply
could, therefore, have an effect not only on other areas of the state but the east coast as well.
(C) To adequately protect the fresh pond, it is necessary that construction of septic tanks and other
sources of pollution within the limits of the cone of depression be regulated as follows:
(i) Within 500 feet, horizontal distance of the edge of the pond, no construction of sewers,
septic tanks nitrification fields or other possible sources of pollution shall be permitted.
(ii) Between the distances of 500 feet and 1200 feet from the edge of the pond,
construction of septic tank systems shall be limited to one single septic tank system
serving a single family residence not to exceed four bedrooms or its equivalent volume of
sewage, on a lot or tract of land not less than 40,000 square feet.
Consistent: The proposed development meets the intent of this rule.
The proposed development is consistent with the applicable rules and I recommend approval of the
development with standard conditions pertaining to development within the Small Surface Water Supply
Watershed Area of Environmental Concern.
RECEN
AUK 2 g 2013

AU'lA, �Lo
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM
Director
September 23, 2013
Mr. Thomas G. Haddon, IV, Owner
PO Box 1868
Nags Head, NC 27959
Subject: Stormwater Permit No. SW7130802
Ocean Commerce Park Addition
High Density Project
Dare County
Dear Mr. Haddon:
Pat McCrory, Governor
John E. Skvada, III, Secretary
RECEIVER
SEP 2 5 2013
DCM-M:iD CITY
The Washington Regional Office received a complete Stormwater Management Permit
Application for Ocean Commerce Park Addition project on August 5, 2013 and
additional information on September 17, 2013. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Session Law 2008-211 and Title 15A NCAC
2H.1000. We are forwarding Permit No. SW7130802 dated September 23, 2013, for
the construction of the subject project.
This permit shall be effective from the date of issuance until September 23, 2021, and
shall be subject to the conditions and limitations as specified therein. Please pay
special attention to the Operation and Maintenance requirements in this permit. Failure
to establish an adequate system for operation and maintenance of the stormwater
management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made this permit shall be final and binding.
If you have an qquestions, or need additional information concerning this matter, please
contact me at 252) 946-6481.
Sincerely,
Samir Dumpor, P.E.
Environmental Engineer
G:\SD\Permits - Infiltration\SW7130802
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27689 • Phone: [phone] / FAX: [phone]
Internet: http://www.portal.ncdonr.orgtwebAr/land-quality
An Equal Opportunity / Affirmative Action Employer - 50%Recyde&10% Past Co rsumer Paper

cc: Michael W. Strader, Jr. PE, Quible & Associates
Dare County Building Inspections
Washington Regional Office
Doug Huggett - DCM
RECERM-0
SEP 2 5 2013

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
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
RECENED
Mr. Thomas G. Haddon, IV, Owner
Ocean Commerce Park Addition S E P 2 5 2013
Dare County
DCM-MAD Crry
FOR THE
construction, operation and maintenance of two interconnected infiltration basins and
permeable pavement parking stalls in compliance with the provisions of Session Law 2008-
211 and 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 Energy, Mineral, and Land
Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until September 23, 2021, and shall
be subject to the following specified conditions and limitations:
1. 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 1.7 on page 3 of this permit. The stormwater control
has been designed to handle the runoff from total of 34,053 square feet of
impervious area.
3. The tract will be limited to the amount of built -upon area indicated in Section 1.7 on
page 3 of this permit, and as shown on the approved plans.
4. By issuance of this permit a variance from the 2 foot of separation to seasonal high
water table requirement (as per 15A NCAC 2H.1008(d)(3)) has been granted by
reducing the separation to 1 foot. The variance is granted bbased on the following:
• The total above grade storage rainfall equivalent is a 2.64 inch storm;
• Project is located within 5 miles of public airport and not allowing this
variance would require the use of a stormwater pond (SL2012-200);
A considerable existing impervious area was not credited for storage
calculations.
5. 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.
Page 2 of 7

The runoff from all built -upon area within the permitted drainage area of this project
must be directed into the permitted stormwater control system.
The built -upon areas associated with this project shall be located at least 50 feet
landward of all surface waters.
The following design criteria have been permitted for the infiltration basin and must
be provided and maintained at design condition:
INFILTRATION BASINS
a. Drainage Area, ftZ:
b. Total Impervious Surfaces, ft2:
C. Design Storm, inches:
d. Basin Depth, feet:
e. Bottom Elevation, FMSI2:
f. Bottom Surface Area, ft :
g. Bypass Weir Elevation, FMSy
h. Permitted Storage Volume, ft
i. Type of Soil:
j. Expected infiltration Rate, in/hr:
k. Seasonal High Water Table, FMSL:
I. Time to Draw Down, days:
M. Receiving Stream/River Basin:
n. Stream Index Number:
o. Classification of Water Body:
PERMEABLE PAVEMENT
Hydrologic Soil Group:
BUA credit:
Surface Area of Perm. Pavement.:
Resulting BUA:
Adjacent BUA directed to Perm. Pavement:
II. SCHEDULE OF COMPLIANCE
53,028
41I%
1 5,053
1.0
10.00
Sf p 252013
5,904
11.50
7,313
DMAD crtly
CoB
1.55
9.00
0.32
Atlantic Ocean/Pasquotank
99-(7)
"SB°
A
75%
5,3012
1,328
5,312
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.
During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
The permittee shall at all times provide the operation and maintenance necessaryto
assure the permitted stormwater system functions at optimum efficiency. The
approved Operation and Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of 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.
Page 3 of 7

4. Records of maintenance activities must be kept for each permitted BMP. The
reports will indicate the date, activity, name of person performing the work and what
actions were taken.
5. The facilities shall be constructed as shown on the approved plans. This permit shall
become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other
supporting data.
6. 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.
7. 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.
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 at all times.
12. The Director may notify the permittee when the permitted site does not meet one or
more of the minimum requirements of the permit. Within the time frame specified in
the notice, the permittee shall submit a written time schedule to the Director for
modifying the site to meet minimum requirements. The permittee shall provide
copies of revised plans and certification in writing to the Director that the changes
have been made. SEP 2 b 01`'
III. GENERAL CONDITIONS
DCM-MHD C'Ty
This permit is not transferable to any person or entity 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 completed Name/Ownership Change form to the
Division of Energy, Mineral, and Land Resources, signed by both parties, and
Page 4 of 7

accompanied by the appropriate documentation as listed on page 2 of the form. The
approval of this request will be considered on its merits and may or may not be
approved.
2. The permittee is responsible for compliance with all permit conditions until such time
as the Division approves the transfer request.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Energy, Mineral, and
Land Resources, in accordance with North Carolina General Statute 143-215.6Ato
143-215.6C.
4. 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.
5. 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.
6. 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.
7. The permit issued shall continue in force and effect until revoked or terminated. 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.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
controls must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference and
are enforceable parts of the permit.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, orterminating the permit as
allowed by the laws, rules and regulations contained in Session Law 2008-211, Title
15A NCAC 2H.1000, and NCGS 143-215.1 et. al.
11. The permittee shall notify the Division in writing of any name, ownership or mailing
address changes at least 30 days prior to making such changes.
12. This permit shall be effective from the date of issuance until September 23, 2021.
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.
Permit issued this the 23rd day of September, 2013.
NORTH CAROk16IA ENVIRONMENTAL MANAGEMENT COMMISSION
for vgo D
Tracy avis, PE, GPW urector 10�3
Division of Energy, Mineral, and Land Resources SFP 25
Permit No. SW7130802
J Jat1�y` _
Page 5 of 7

Ocean Commerce Park Addition
Stormwater Permit No. SW7130802
Dare Countv
Designer's Certification
I, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/weekly/ full time)
the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Page 6 of 7

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-DEMLR Regional Office
Dare County Building Inspections
RECEIVED
SEP 2 5 2013
DCM•MHD CITY
Page 7 of 7

1
NCDENR
Dort Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C Davis John I-- Skvarla. III
Governor Director Secretary
FZ t; G
August 8. 2013
v /g all;
MEMORANDUM J�'
TO: Renee Gledhill -Early
NC Department of Cultural Resources
FROM: Doug Huggett rl 17
Major Permits Processing Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Thomas G. Haddon, TV; Ocean Commerce Park
Project Location: 2004 S. Croatan Hwy, Kill Devil Hills; Public Water Supply AEC
Proposed Project: J warehouse units with associated utilities
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 09/29/13 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Kelly Russell at (252)
264-3901, ext. 233. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
—4 This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
l /�
SIGNED DATE Q - 9J - 13
1367 US 17 South, Errzaheth City. NC 27909
Phone: [phone] FAX: 252-264,3723 ; Intemel: www.noo085t*rkViuQ~.nel
An Equal CiMortu" 1 ABkmadve Action Employer ALiG 1 9 2613

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
August 8, 2013
�clulv>w!3 ;
Mr. Brian Rubino
Quible & Associates, P.C. t AUG 12 2013
P.O. Drawer 870
Kitty Hawk, NC 27949
DCM-MHD CrfY
Dear Mr. Rubino:
The NC Division of Coastal Management hereby acknowledges receipt of the
application submitted on behalf of Thomas G. Haddon for State approval for
development of property located at the Ocean Commerce Park at 2004 S. Croatan Hwy
in Kill Devil Hills, Dare County. It was received on August 1, 2013, and appears to be
adequate for processing at this time. The projected deadline for making a decision is
October 15, 2013. An additional 75-day review period is provided by law when such
time is necessary to complete the review. If you have not been notified of a final action
by the initial deadline stated above, you should consider the review period extended.
Under those circumstances, this letter will serve as your notice of an extended review.
However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from August 1, 2013,
you may request a meeting with the Director of the Division of Coastal Management and
permit staff to discuss the status of your project. Such a meeting will be held within five
working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of
the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard
which must be posted at the property of your proposed development. You should post
this notice at a conspicuous point along the property where it can be observed from a
public road. Some examples would be: Nailing the notice card to a telephone pole or
tree along the road right-of-way fronting the property, or at a point along the road right-
of-way where a private road would lead one into the property. Failure to post this notice
could result in an incomplete application.
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] \ FAX: [phone] ; Internet: www.nocoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

Mr. Brian Rubino
Quible & Associates, P.C.
August 8, 2013
Page 2
An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have
any questions and notify me in writing if you wish to receive a copy of Kelly Russell's
field report and/or comments from reviewing agencies.
Sincerely,
Frank Jennings
District Manager, Northeast District
FJ/yc
Enclosure
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC
Kelly Russell, Field Representative, DCM, Elizabeth City, NC
Thomas G. Haddon, Nags Head, NC

RECEIVED
JAIJO12 2013
nCy
C.
\TOl'1'I(ol$1:
CAMA PERMIT
APPLIED FOR
WT l c- iTb,es W D p KR K l N G
COMMENTS ACCEPTED THROUGH P 9 I c .% I/3
APPLICANT:
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
--� KELLV R �sSE«
DIV, eF Q%&Sr4LyEVELo�igEN
13G 7 Q S HW Y 17 %T o %A4rH
Eu ZAT frN ctrY, Nc i7 y a 9
9—S2- 2(.4- 3901, Cxr. 2.33

FMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
EMAIL MEMORANDUM
TO: Susan Simpson
The Coastland Times
Manteo, NC 27954
leaalsna thecoastlandtimes.net
FROM: Yvonne Carver for Kelly Russell
DATE: 08/08/13
SUBJECT: Public Notice: Thomas G. Haddon, IV
John E. Skvarla, III
Secretary
rAU
RECEMI)
G 12 2013
DCM-M11D CrTy
Please publish the attached Notice in the Tuesday, August 13, 2013 issue of The
Coastland Times.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an original
copy of the published notice, and an original invoice to Melissa Sebastian, NC
Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC
28557, (Telephone [phone]).
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Elizabeth City office [phone].
Attachment
cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City
Michele Walker, PIC, DCM, Raleigh
Melissa Sebastian, Accounts Payable, DCM, Morehead City
File
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] \ FAX: [phone]; Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
NCDENR hereby gives public notice as required by NCGS 113A-119(b) that
application for a permit in an AEC as designated under the CAMA was received on
08/01/13. Thomas G. Haddon, IV proposes to develop 2 parcels of land, constructing
4 warehouse 'units with associated utilities at the Ocean Commerce Park, 2004 S.
Croatan Hwy, Kill Devil Hills, Dare County.
A copy of the entire application may be reviewed at the office of the Division of
Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901
during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400
Commerce Avenue, Morehead City, NC 28557, prior to 09/02/13, will be considered in
making the permit decision. Later comments will be considered up to the time of permit
decision. Project modification may occur based on review & comment by the public,
state & federal agencies. Notice of the permit decision in this matter will be provided
upon written request.
PLEASE PUBLISH ON: Tuesday, August 13, 2013

5-23-2013
AUG ' 1 ' AUG 12 2013
---�] AGREEMENT FOR PURCHASE AND SALE
OPREALPROPERTY
.e„m.nicrthComfisaAsaocia oa
ofREALTORS'
TIHS AGREEMENT, including any and all addends attached hereto ("Agreement"), is by and between THOMAS G.
HADDON IV and wifq DONNA LEE HADDON or ASSIGNS ("Buyer"), and OCEAN COMMERCE PARK, LLC and
OCEAN COMMERCE PARK CENTER PARTNERSHIP ("Seller's.
FORANDIN OOMDERAMON OF'MMUTUALPROMESFS SErFORTHHEREINANDOTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIFCAND SUFFIaENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES
HERETO AGREE AS FOLLOWS:
Section L. Terms and Definitions: The terns listed below shall have the respective meaning given them as set forth
adjacent to each term.
(a) "Property": (Address)
Plat Reference: Lot(s) Block or Section as shown on Plat Book or
Slide at Page(s) County, Consisting of
x If this box is checked, `Property" shall mean that property described on Exhibit A attached hereto and
incorporated herewith by reference,
together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal
Property, if any, itemized on Exhibit A.
(b) "Purchase Price" shall mean the sum o
payable on the following terms:
$10,000.00 (i) "Earnest Money" shall mean Ten Thousand Dollars or terms as follows:
Upon this Agreement becoming a contract in accordance with Section 14, the Earnest Money
shall be promptly deposited in escrow with Homthal, Riley, Ellis & Maland, LLP (name of
Parson/entity with whom deposited), to be applied as part payment of the Purchase Price of
the Property at Closing, or disbursed as agreed upon under the provisions of Section 10
herein.
❑ ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY
BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (CHECK
ONLY one box)
❑ ANY INTEREST EARNED THEREON SHALL BE APPLEID AS PART PAYMENT
❑ ANY EVEEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN
CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND
RECORDS ASSOCIATED THEREWITH.
S (See Section 6 of
Exhibit B) (it) Proceeds of a new loan in the amount of
Dollars
for a Dam of years, with an amortization period not to exceed years, at an
interest rate not to exceed % per annum with mortgage loan discount points not toexceed
_ % of the loan amount, or such other terms as may be set forth on Exhibit B. Buyer shall
pay all costs associated with any such loan.
S (See Section 11 of C 1 of 12
Buyer initid' � Sells initiei STANDARD FORM 580.T
R.Ab d I2011

5-23-2013
l ' .: 'BxhibitB) (1h) Delivery of a Promissory no said promissory note in the amount of
Dollars being payable over a term of years, with an amortization period of
years, payable in monthly installments of principal, together with accrued interest on the
outstanding principal balance at the rate of percent
( %) per annum. in,the amount of $ , with the first principal
payment beginning on the first day ofthe month next succeeding the date of Closing, or such
other terms as may be act forth on Exhibit B. At eery, time, the promissory note may be
prepaid in whole or in part without penalty and without further interest on the amounts
prepaid from the date of such prepayment.
$-0- (1v) Asaumntion ofthat unpaid obligation of Seller secured by a deed of trust on the Property,
such obligation having an outstanding principal balance of $ and evidenced by a note
bearing interest at the rate of percent
OA) per annum, and a current payment amount of $ . The
obligations ofBuyerunder this Agreement are conditioned upon Buyer being able to assume
the existing loan described above. if such assumption requires the lender's approval, Buyer
agrees to use its best efforts to secure such approval and to advise Seller immediately upon
receipt of the lenders decision. Approval must be granted on or
before . On or before this date, Buyer has the rightm terminate this
Agreement for failure to be ableto assume the loan described above by delivering to Seller
written notice of termination by the above date, iirrre tieing ofthe essence. If Buyer
delivers such notice, this Agreement shall be null and void and Gamest Money shall he
refunded to Buyer- If Buyer fails to deliver such notice, then Buyer will be deemed to have
waived the loan condition. Unless provided otherwise in Section'3 hereof, Buyer shall -
pay all fees and costs associated with any such assumption, including any assumption fee
charged by the lender. At or before Closing, Seller shall assign to Buyer all interest of Seller
in any current reserves or escrows held by the lender, any property management company
and/or Seller, including but not limited to any tenant improvement reserves,leasing
commission reserves, security deposits and operating or capital reserves for which Seller
shall be credited said amounts at Closing.
(v) Cash bob ace of Purchase Price, at Closing in the amount o,
(c) "Closing" shall mean the date and time of recording of the deed. Closing shall occur on or before 30 days after
the end of the Examination Period.
(d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller.
(a) " Examination Period" shag mean the period beginning on the Contract Date and extending through 90 days
after the Contract Date.
71MEIS OFTBEF,%SWCEAS TO71TE EXAMEVATTON'PERIOD.
(t) "Broker(s)" shall mean:
a Dual Agent
Acting as: o Buyer's Agent ri
Agent
License #
Agency"),
(g) "Seller's Notice Address" shall be as follows: clo Richard Gotham, 6504 $riarmore Lane, Alexandria, VA
22310 except as same may be ebanged pursuant to Section 12.
(h) Buyers Notice Addr�eas" shall ba sa follows: PO Box 1868, Nags Head, NC 27959,
except as same maybe ebangedpurauaffi to Secdon 12.
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(i) If this block is marked, additional terms of the Agreement are set forth on Exhibit B attached hereto and
incorporated herein by reference_ (Note: Under North Carotiva Law, real estate agents are not permitted
to draft conditions or contingencies to this Agreement)
Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the
Property for the Purchase Price.
Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar
year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached
Exhibit B, if any, shall be prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other
documents necessary to perform Seller's obligations under this Agreement, excise tax (revenue stamps), any
deferred or rollback taxes, and other conveyance fees or taxes required by law, and the following: See Exhibit B.
Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or
investigations undertaken by Buyer under this Agreement and the following, any and all costs and expenses regarding
permits, licenses, drawings, or other requirements for the expansion of the condominium as set out in Exhibit B.
Each party shall pay its own attorney's fees.
Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer within thirty (30) days after the Contract
Date copies of all information relating to the Property in possession of or available to Seller, including but not limited
to: title insurance policies, surveys and copies of all presently effective warranties or service contracts related to the
Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title
insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the
Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's
agents) file to Buyer and both Buyer's and Seller's agents and attorneys. If Buyer does not consummate the Closing for
any reason other than Seller default, then Buyer shall return to Seller all materials delivered by Seller to Buyer
pursuant to this Section 4 (or Section 7, if applicable), if any, and shall, upon Seller's request, provide to Seller copies
of (subject to the ownership and copyright interests of the preparer thereof) any and all studies, reports, surveys and
other information relating directly to the property prepared by or at the request of Buyer, its employees or agents, and
shall deliver to Seller, upon the release of the Earnest Money, copies of the foregoing without any warranty or
representation by Buyer as to the contents, accuracy or correctness thereof -
Section 5. Evidence of Title. Seller agrees to convey fee simple marketable and insurable title to the Property free and clear
of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases
(if applicable) and (c) matters of record existing at the Contract Date that are not objected to by Buyer prior to the end of
the Examination Period ('Permitted Exceptions"); provided that Seller shall be required to satisfy, at or prior to Closing,
any encumbrances that may be satisfied by the payment of a fixed sum of money, such as deeds of trust, mortgages or
statutory liens. Seller shall not enter into or record any instrument that affects the Property (or any personal property
listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent shall not be
unreasonably withheld, conditioned or delayed.
Section 6. Conditions: (See Exhibit B) This AgFeemeat and the _ights and abli_,.am__ R f the __� s under "
- ether.explieif,_.nF implied) _a,.plied) e
may-
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Section 7. Leases (Check one of the following, as applicable):
o . ff this box is checked, Seller afiirmatively represents and warrants that there are no Leases (as
hereinafter defined) affecting the Property.
x , If this box is checked, Seller disclosed that,there are one or more leases affecting the Property (oral or
written, recorded or not "Leases") and the following provision are hereby made a part of this Agreement.
(a) All Leases shell be itemized on Exhibit B;
(b) Seller shall deliver copies of any Leases to Buyer pursuend to Section 4 as if the Leases were listed
therein;
(c) Seller represents and warrants that as of the Contract Date there are no current defaults, (or any existing
situation which, with the passage ofthu% or the giving ofnatice, or both, or at the election of either landlord or tenant
could constitute a default) either by Seller, as landlord, ar by any tenant under any Lease ("Lease Defauln. In the
event there is any Lease Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description of
the situation in accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord after the Contract
t2
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Date, and agrees further to notify Buyer immediate[ AUG 1 2 2013
threatened to be asserted by either Seller or a tenant under thetLeas a [,ease Default arises or is claimed, asserted or
(d) In addition to the conditions provided in Section 6 of this Agreement, this AgreementOi imd revi
mghts and
obligations of the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's
interest in arty Lease to Buyer in form and content acceptable to Buyer (with tenant's written consent and
acknowledgement, if required under the Lease), and Seller agrees to use its best efforts to effect such assignment
Any assignment required under this Section 7 shall be required to be delivered at or before Closing by Seller in addition
to those deliveries required under Section 11 of this Agreement
(e) Seller, agrees to deliver an assignmerit of any Lease at or before Closing, with any security deposits held
by Seller under any Leases to be transferred or credited to Buyer at or before Closing. Seller also agrees to execute and
deliver (and work diligently to obtain any tenant signatures necessary for same) any estoppel certificates and
subordination, nondisturbance and attomment agreements in such form as Buyer may reasonably request
Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or
disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic
waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to, those
substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49
CFR Part 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4) and
amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable
local, state or federal law, including, without limitation, any material, waste or substance which is Ci) petroleum, (it)
asbestos, (iii) polychlorinated biphenyls, CW) designated as a Hazardous Substance pursuant to Section 311 of the Clean
Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C.
§1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of
1976 (42 U.S-C. §6903) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601). Seller has no actual knowledge
of any contamination of the Property from such substances as may have been disposed of or stored on neighboring
tracts.
Section 9. Risk of Loss/Damage/Repair. Until Closing, the risk of loss or damage to the Property, except as
otherwise provided herein, shall be borne by Seller, except as to maintaining the Property in its same condition,
Seller shall have no responsibility for the repair of the Property, including any improvements, unless the parties hereto
agree in writing.
Section 10. Earnest Money Disbursement In the event that any of the conditions hereto are not satisfied despite the
Seller's best ef%rts, and except as provided otherwise in Sections 1(91 4 and 5 of the Exhibit B, $2,500 of the Earnest
Money shall be paid to Seller and the balance shall be returned to Buyer, In the event of a breach of this Agreement by
Seller, the full $l0,000 in Earnest Money shall be returned to Buyer, but such return shall not affect arty other remedies
available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, then the
Earnest Money shall be forfeited, but such forfeiture shall not affect arty other remedies available to Seller for such
breach. NOTE: In the event of a dispute between Seller and Buyer over the return or forfeiture of Earnest Money held in
escrow by a licensed real estate broker, the broker is required by state law to retain said Earnest Money in its trust or
escrow account until it has obtained a written release from the parties consenting to its disposition or until disbursement is
ordered by a court of competent jurisdiction, or alternatively, the party holding the Earnest Money may deposit the
disputed monies with the appropriate clerk of court in accordance with the provisions ofN.C.G.S. §93A-12.
Section It. Closing: At or before Closing, Seller shall deliver to Buyer a general warranty dead uuless otherwise
specified on Exhibit B and other documents customarily executed or delivered by a seller in similar transactions,
including without limitation, a bill of sale for any personalty listed on Exhibit A, an owneds affidavit, lien waiver
forms and a non -foreign status affidavit (pursuant to the Foreign investment in Real Property Tax Act) and Buyer
shall pay to Seller the Purchase Pricy At Closing, the Earnest Money shall be applied as part of the Purchase Price, The
Closing shall be conducted by Buyer's attorney or handled in such other mariner as the parties hereto may mutually
agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein The Purchase Price and
other funds to be disbursed pursuant to this Agreement shall not be disbursed until Closing has taken place.
Section 12. Notices: Unless otherwise provided herein, all notices and other cornmardeations which may be or are
required to be given or made by any party to the other in connection herewith shall be in writing and shall be deemed
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'tin have been properly given and received on.the date delivered in person or deposited in the United States mail,
registered or certified, return receipt requested, to the addresses set out in Section 1(g) as to Seller and in Section 1(h)
as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith.
Section 13. Entire Agreement: This Agreement constitutes the sole and entire agreement among the parties hereto
and no modification of this Agreemeht shall be binding unless in writing and signed by all parties hereto.
Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seger and such
signing is communicated to both parties; it being expressly agreed that the notice described in Section 12 is not
required for effective communication for the purposes of ibis Section 14. This Agreement shall be binding upon and
inure to the benefit of the patties, their heirs, successors and assigns and their personal representatives.
Section 15. Adverse Information and Compliance with laws:
(a) Seller Knowled¢e: Seger has no actual knowledge of () oondemnation(s) affecting or contemplated with
respect to the Properly; (g) -actions, suits or proceedings pending or threatened against the Property; (iiI) changes
contemplated in any applicable laws, ordinances or restrictions affecting the Property; or'(w) governmental special
assessments, either pending or confirmed, for sidewalk paving, water, sewer, or other improvements on or adjoining the
Property, and no pending or continued owners' association special assessments, except as follows (Insert 'None or the
identification of any matters relating to (i) through Civ) above, if any):
Note: For purposes of this Agreement, a "confimted" special assessment is defined as an assessment that has been
approved by a governmental agency or an owners' association for the pmpose(s) stated, whether or not it is fully payable
at time of closing. A "pending" special asiessmem is defined as an assessment that is under formal consideration by a
governing body. Seller shall pay all owners' association assessments and all governmental assessments confirmed as of the
date of Closing, Warty, and Buyer shall take title subject to all pending assessments disclosed by Seger herein, if any_
Seller represents that the regular owners' association dues, if any, are $1,360.00 peryear.
(b) Compliance: To Sellces actual knowledge, (t) Seller has complied with all applicable laws, ordinances,
regulations, starves, rides and restrictions peAsmmg to or affecting the Property; Car) performance of the Agreement will
not result in the breach of constitute any default under or result in the imposition of any lien or encumbrance upon the
Property murder any agreement or other instrument to which Seller is aparty or by which Seller or the Property is bound;
and (iii) there are no legal actions, suits or other legal or admiaistradve proceedings pending or threatened against the
Property, and Seller is not aware of any fads which might result in any such action, suit or otherprnceeding.
Section 16. Survival of Representations and Warranties: All mpresedations, warmatim, covenants and agreements
made by the parties hereto shall survive the Closing and delivery of the deed Seller shall, at or within six (6) months
after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents
and instmore .tom and lake such other action as Buyer may reasonably request or as may be necessary to more effectively
transfer to BuyerthePmperty described herein in accordance with this Agreement
Section 17. Applicable law: This Agreement shall be construed under the laws of the state in which the Property is
located. This fart has only been approved for use in North Carolina.
Section 18. Assignment This Agreement is freely assignable to any entity owned and controlled by Buyer_ Otherwise,
this Agreement may not be assigned by Buyer without the express written consent of Seller, which consent shall not be
unreasonably withheld.
Section 19. Tax -Deferred Exchange: In the event Buyer or Seller desires to eBect a tax -deferred exchange in
connection with the conveyance of the Property, Buyer and Seller agree in cooperate m eBecting such exchange;
provided, however, that the exchanging party stet be responsible for all additional costs associated with such exchange,
and provided further, that a non -exchanging party shall not assume any additional liability with respect to such tax -
deferred exchange. Seller and Buyer shall execute such additional dacmnents, at no cost to the non -exchanging party, as
shall be required to give effect to this provision.
Section 20. Memorandum of Contract Upon request by either party, the parties hereto shall execute a memorandum of
contract in recordable form setting forth such provisions hereof (other than the Purchase Price and other suns due) as
of t2
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either party may wish to incorporate. Such memorandum of contract shall contain a statement that it automatically
terminates and the Property is released from any effect thereby as of a specific date to be stated in the memorandum
(which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall
be borne by the party requesting execution of same.
Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to
sign this Agreement and such instruments as may he necessary to effectuate arty transaction contemplated by this
Agreement on behalfof the party for whom he or she signs and that his orber signature binds such party.
Section 22. Brokers: Except as expressly provided herein, Buyer and Seiler agree to indemnify and hold each other
harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying
party for fees or commissions arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to
each other that: (u1) except as to the Brokers designated under Section I(f) of this Agreement, they have not employed nor
engaged any brokers, consultants or real estate agents to be involved in this transaction and (ii) that the compensation of
the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers, the
Buyer and/or the Seller.
❑ EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad
previously (either in whole or in part) with an "exterior insulating and finishing system" couunonly known as "EIFS" or
"synthetic stucco". Seller makes no representations or warranties regarding such system and Buyer is advised to make its
own independent determinations with respect to conditions related to or occasioned by the existence of such materials at
the Property.
THE NORTH CAROLINA ASSOCIATION OF REAL ORSk, INC. AND THE NORTH CAROL NA BAR ASSOCIATION MAKE
NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY
SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR
LE
UYER:
Dnnna i � un.1.4.,. Daze•
Ocean Commerce Park,
SELLER:
Ocean Commerce Park
SELLER:
The undersigned hereby acknowledges recei
Money in accordance with the terms hereof.
Date:
© qf' We-- Date:
set forth herein and agrees to hold
Homthal, Riley, Ellis & Maland, LLP
In
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DC-M-WD CITY
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EXH[BrrA
All of Unit Numbers 3, 4, 6, 7, 8, 9,10,11,12,13,14,15,16,17,18,19 and 20 of the condominiums known as Ocean
Commerce Park Condominiums, seated according to North Carolina General Statutes, Chapter 47C, a Declaration of
Condominiums recorded in Book 702, Page 269, which plets and plans recorded In Unit Ownership File 4, Pages 303-
306 (the "Condominium PIWD, all ofsuch re&rences to -the Dam County public Registry, tagdher with the undivided
interests in the common properties and amenities appurtenant to such units as described in the Declaration.
There is also conveyed any and ell special declarant rights as same may be expanded or amended held by Ocean
Commerce Park Center Partnership and/or Ocean Commerce Par), LLC pursuant m Ocean Commerce Park
Condominiums Declaration recorded in Book 79%Page 269, Dare County Registry as same may be amended. Same
includes but is not limited to the undeveloped portion ofthe condominium property shown and depicted on the
Condominium Plats as "undisturbed area" and the areaarljacent to the cul-de-sac-
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EXHIBITB �-N; MUM
ADDITIONAL TERMS TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
AUG 12 2013
This Agreement is expressly contingent upon the following terms and conditions: '
'DCM-MRD CITY
1. Condominium. The Ocean Commerce Pads Condominiums Declaration recorded in Book 78Z Page 269, Dare
County Registry must be amended pursuant to unanimous vote of existing unit owners as follows:
(a) The expanded declarant and development rights as hereinafter set out must be transferrable to Buyer at
closing by recordable assignment of declaram/development rights.
(b) The declanmt's right to construct additional condominium units and the time within which to do so
most be extended and increased to allow declarant to construct an additional building on existing
common area owned by the current owners ofthe condominium provided, however, that any such
building containing up to nice (9) additional condominium units constructed shall not limit nor hinder
the number of parking spaces now utilized by the owners and occupants ofthe existing twenty
condominium units.
(c) Such other and further amendments as may be mutually agreed upon by Buyer and Seiler.
(d) The final draft of any and all amendments desired by Buyer as set forth herein shall be provided to
Seller by Buyer within five (5) days of Contract Date. The date of actual delivery to Seller of Buyer's
final draft of the amendment shall be referred to as the "Amendment Draft Delivery Date."
(e) Seller shall be responsible for seeking signatures far the amendment from all of the existing unit
owners and the condominium association.
(f) If Seller and Buyer are unable to agree on the terms and provisions of the proposed condominium
declaration amendment within 30 days after the Amendment Draft Delivery Date, Buyer may
terminate this Agreement, with Seller retaining S2,500 of the Earnest Money Deposit and the
remainder of the Earnest Money Deposit being paid to the Buyer.
(g) If the Buyer and Seller agree on the terms and provisions of the declaration amendment, and if the
Seller is unable to obtain the signatures of all ofthe existing unit owners and the condominium
association within 30 days after the Amendment Draft Delivery Date, Sella shell so notify Buyer, and
in any event Buyer may elect to terminate this Agreement and receive a refund of all ofthe Earnest
Money Deposit
2. Leases. The leases affecting the Property are shown on Exhibit I attached hereto and shall be assigned to
Buyer.
3. Subsequent Sale Condition- There shall be a condition precedent that Buyer must have in place prior to the
end of the Examination Period a signed and binding contz with a third party purchaser for the purchase of all or a
portion of the undeveloped portion of the condominium property on terms that are satisfactory to Buyer in all respects.
4. Power Line Encumbrance. There shall be a condition precedent of this Agreement that Seller shall cause the
power line crossing the undeveloped portion of the oondominimn property to be relocated such that the undeveloped
portion of the condominium property may be developed unencumbered by such power line. Within 30 days after the
Contract Date, Seiler shall use best efforts to secure from Dominion Power a letter setting forth Dominion Power's
commitment (the "Dominion Letter') to relocate such power line. Seller shall me best efforts to cause the Dominion
Letter to include the cost to the Seller ofsuch relocation, and the time period such cost shall be effective. Seller shall
provide to Buyer a copy of the Dominion Letter within three (3) business days of Setlees receipt of same. If the cost
estimate received by Seller from Dominion Power exceeds $, 70.000 • Seller shall have the right to trrminate this
Agreement within 30 days after the Contract Date, in which case Buyer shall be entitled to a refund of all of the earnest
money deposit If Seiler does not terminate this Agreement under this Paragraph 4 within 30 days after the Contract
Date, Seller shall cause the power line relocation to be completed after the Buyer's Exarrrinalion period has expired but
before the Closing Date, and shall be at Sellers sole cast and expense. If such relocation cannot be performed by
Dominion prior to the Closing Date, Seiler agrees to escrow with the Buyer's attorney a sum equal to 125% of the written
cost estimate from Dominion Power comthined in the Dominion Letter to relocate the power line, and in such case Seller
and Buyer shall cooperate with each other to effect the power line relocation as soon as possible after Closing. Unless
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the Seller terminates this Agreement under this Paragraph 4, this Paragraph 4 shall survive Closing until the power line is
relocated to Buyer's eanmercially reasonable satisfaction and until the relocation work Is paid in full by Seller.
5. Hnrnrdous Materials. HRuyer procures aPhase I environmental inspection (or similar environmental
inspection report) (the'Phase I Report') dmfngthe Examination Period, Buyer shall deliverto Seller a copy ofthe Phase
I Report At the time Buyer delivers to Seller a copy ofthe Phase IRepork Buyer shall advise Seller in writing (the
eBuyees Environmental Notice") whether Buyer requires Seller to remove some or all existing hazardous materials or
substances identified bythe PhaaeIReport The date on which Sellerreebivegthe PhaveIReport end die Buyees
Environmental Notice maybe refeired to herein as the Enviromneatal Notice Date. Seller shall have 15 calendar days
afterthe Environments] Notice Date to review same. If cost estimates received by Seller in writing to perform the
environmental remediation work required by Buyer in theBuyees Environmental Notice exceeds S-IL0 D . and if
Seller delivers to Buyer a copy ofthe written cost estimate forthe remediation procured by Seller, Seller shall have the
right to terminate this Agreement within 15 calendar days after the Environmental Notice Date, in which case Buyer
shall be entitled toarefund ofall ofthe eamestmoneydeposit USellerdaescot terminate this Agreement under this
Paragraph 5 within 15 days after the Environmental Notice Date, Sellershall cause the environmental remediation to be
performed after the Buyer's Examination Period has expired but before the Closing Date, and shall be at Seller's sole
cost and expense.
6. Examination Period. Section 6 ofthe Agreement shall be deleted in its entirety and replaced with the
Mowing new Section 6. All references in this Agreement to any provision of Section 6 shall mesa the Section 6 set
forth in this Exhibit B as follows.
6. BUYER'S EXAMINATION PROCESS:
(a) Commercial Lean: During the Examination Period, Buyer. at Buyer's expense; shall be entitled to pursue
qualification for and approval of a commercial loan with athird party lender.
(NOTE: Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Examination Period
allows sufficient time for the appraisal to be completed and for Buyer's lender to provide Buyer sufficient information to
decide whether to proceed with or terminate the transaction since the Loan is not a condition of the Contract)
(b) Property Investigation: During the Exanibration Period, Buyer or Buyers agents or representatives, at Buyees
expense, shall be entitled to conduct all desired test96 surveys, appraisals, investigations, examinations and inspections of
the Property as Buyer deems appmpdatq including but NOT limited to the following.
(i) Inspections: Inspections to determine the condition of any improvements on the property, the presence of
unusual drainage conditions or evidence of excessive moisture adversely affecting any improvements on the Property,
the presence ofasbestos or existing er rimai lental contamination, evidence of wood-dahoying insects or damage
therefrom, andthe presence and level oftadon gas on thePmpetty: Buyer shall conduct all such Inspections of the
Property in a good and workmanlike manner. Buyer shall male reasonable efforts to undertake on -site inspections
outside ofthe hours any tenanfs business is open to the public and shag give prior notice to any tenants of any entry onto
any terra Ws portion ofthe Property fritrthe purpose of conducting inspections. Buyer shell also have a right to review
and inspectall contracts or other agreements affecting or related directly to the Property and shag be entitled to review
such books and records of Seller that relate directly to the operation and maintenance ofthe Property, provided,
however. that Buyer shall not disclose any fmfoimation regarding this Property (or any tenant therein) unless required
by law and the same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders
and other professional advisors, in which ease Buyer shall obtain their agreement to maintain such confidentiality.
(u) Sail, Utilities And Enviroumentak Reports to determine whether the soil is suitable for Buyer's intended use
and whether them is any environmental calla idurcion, law, role or regulation that may prohibit, restrict or ]lint[ Buyer's
intended use.
(iil) SeptidSewer System. Any applicable iavestigation(s) to determine: (I) dw condition of an existing sewage
system, (2) the costs and expenses to install a sewege system approved by an existing Improvement Pend% (3) the
availability and expense to connect to a public or community sewer system, and(or (4) whether an Improvement Permit
or written evaluation may be obtained from the County Health Department for a suitable grand absorption sewage
system
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(iv) Water. Any applicable investigations) to determine: (I) the condition of an existing private drinking water
well, (2) the costs and expenses to install a private drinking water well approved by an existing CansWction Permit, (3)
the availability, costs and expenses to connect to a public or community water system, or a shared p'iVatd,'NCII, atrd/O7
(4) whether a Construction Permit may be obtained Sum the County Health Department for a private drinking water
well.
(v) Review of Documents: Review of the Declaration of Restrictive Covenants, Bylaws, Articles of Incorporation,
Rules and Regulations, and other governing documents of any applicable owners' association and/or subdivision.
(vi) Insurance: Investigation of the availability and cost of insurance for the Property.
(vii) Appraisals: An appraisal of The Property.
(viii) Survcy: A survey to determine whether the property is suitable for Buyer's intended cue and the location of
easements, setbacks, property boundaries and other issues which may or may not constitute tide defects.
(ix) Zoning and Governmental Regulation: Investigation of current or proposed ranting or other governmental
regulation that may affect Buyer's intended use of the Property, adjacent land uses, planned or proposed road
construction, and school attendance zones.
(xi) Food Hazard: Investigation of potential flood hazards on the Property, and/or any requirement to purchase
flood insurance in order to obtain the Loan.
(c) Repafr/Improvemen t Negotiations/Agreement The parties acknowledge and understand that they may, but
are not required to, engage in negotiations for repairsfimprovements to the Property. Buyer is advised to make any
repair/improvement requests in sufficient time to allow repa'nrlmprovemenn negotiations to be concluded prior to the
expiration of the Examination Period. Any agreement that the parties may reach with respect to repairs/improvements
shall be considered an obligation of the parties and is an addition to this Agreement and as such, most be in writing and
signed by the parties.
(it) Buyer's Obligation to Repair Damage from Lnspections: Buyer shall, at Buyer's expense, promptly repair
any damage to the Property resulting from any activities of Buyer and Buyer's agents and contractors, but Buyer shall
not be responsible for any damage caused by accepted practices applicable to any N.C. licensed professional porf inning
reasonable appraisals, tests, surveys, examinations and inspections of the Property. This repair obligation shall survive
any termination of this Agreement.
(e) Indemnity: Buyer will indemnify and hold Seller harmless from ail loss, damage, claims, suits or costs, which
shall arise out of any contract, agreement, or injury to any person or property as a result of any activities of Buyer and
Buyer's agents and contractors relating to the Property except for any loss, damage, claim, suit or out arising out of pre-
existing conditions of the Property and/or out of Seller's negligence or willful acts or omissions. This indemnity shall
survive this Agreement and any termination hereof.
(f) Buyer's Right to Terminate: Buyer shall have the right to terminate this Agreement for any reason or no
reason, by delivering to Seller written notice of temrmation(the "Termination Notice") during the Examination Period
(or any agreed -upon written extension of the Examination Period), TJAfEBEING OF THE ESSENCE. If Buyer timely
delivers the Termination Notice, this Agreement shall be terminated and except as provided in Section I (g) of the
Exhibit B, S2,500 of the Earnest Money Deposit shall die paid to the Seller and the remainder of the Earnest Money
Deposit shall be refunded to Buyer.
WARNING: If Buyer is not satisfied with the results or progress of Buyer's Examination, Buyer should terminate this
Agreement, prior to the expiration of the Examtrrrtion Period, unless Buyer can obtain a written extension from Seller.
SELLER IS NOT OBLIGATED TO BRAND' AN EXTENSION. Although Buyer ®y continue to investigate the.
Property following the expiration of the Examinatiod Period, Buyer's failure to deliver a Termination Notice to Seller
interminate prior to the expiration of the Examination Period shall constitute a waiver by Buyer of any right to teinate this"
Agreement based on any matter relating to Buyer'slicamination Provided however, following the Examination Period,
e
of 12
Buyer initial Seller initial STANDARD FORM Sba-T
mevited 112011

S23 2013
9�
Buyer may still exercise a right to terminate if Seller fails to materially comply with any of Seller's obligations under this
Agreement or for any other reason permitted under the terns of this Agreement or North Carolina law.
7. • ,Tenant Subordination. If required by Buyer's leader, Seller shall procure from each Tenant and deliver to
Buyer before closing a subordination, non-dishubance and attomment agreement signed by each tenant of Seller located
on the Property.
8. Buyer Contact with Tenants. Buyer shall havethe right to meet with all tenants on the Property during the
Examination Period with Buyers advance noticeto each tennot
9. Condominium Association Documents and Records. Seller shall provide to Buyer within 20 days after The
Contract Date, copies of all Condominium and Condominium Association documents and records (including but not
limited to corporate and financial records) in the possession of Seller or reasonably available to Seller.
10. Amendments to Condominium Governing Documents. Seger shall reasonably cooperate with Buyer to
execute and assist with the procurement of signatures of all members in the condominium association for one or more
amendments to the condominium declaration that will accommodate Buyers plans to develop and sell the undeveloped
portion ofthe condominium property. Such amendments may include but not be limited to, (a) the creation ofnew
common elements and limited common elements, and (b) changes to existing common elements, limited common
elements, voting rights, and common expense allocations.
11. SeDerFinancing. Ifrequested by Buyerprior to Closing and subject; to Buyer providing to Seiler reasonable
credit application and financials acceptable to Seller, Seller agrees to provide o Buyer seller financing up to $300,000 of
Me purchase price, financed by Sellerm an interest rate of six percent (694) per am mm, amortized for 360 months, with a
balloon atthe 18th month. 'lire amount financed shall be evidenced by an unscented promissory note executed by Buyer
and any entity to which the Agreement is assigned. The first principal payment shell begin on the fast day ofthe month
next succeeding the date of Closing. At any thin, the promissory note may be prepaid in whole or in pert without
penalty and without father interest on the mounts prepaid from the date ofsuch prepayment
The forms ofthe note shall be the currently -approved North Carolina Bar Association foray with the default paragraph in
the Note fotmbeing replaced withthefollowiogreviseddefaultparagraph: "In the event ofdefiultinpayment ofany
installment of principal or interest hereof as the same becomes due, end such default is not cured within fifteen (15) days
after written notice to maker, then in either such even the holder may without father notice, declare the remainder ofthe
principal sum, together with all interest accrued thereon and, the prepayment premium ifauy, at once due and payable.
Failure to exercise this option shall not constitute a waiver ofthe right to exercise the same at any other time. The unpaid
principal ofthis Note and any part thereof, accrued interest and all other sums due under this Note, if any, shall bear
interest at the rate of six percent (W/a) per mom after defindt until paid"
12 Time is of the Essence Time is ofthe essence as to all dates and time periods slated in this Agreement
Vok
soya mi6al� —!V 3dfaiaitiel
STANDARDFORMSSWT
Rehired Wall

��795rcp61Y
LTwl�51
Stamps - a -
Prepared by James S. Archball, Attorney at Law
Return to James B. Archbell, Attorney at Law
NORTH CAROLINA
DARE COUNTY
NORTH CAROLINA GENERAL WARRANTY DEED
IAUG -1 20i3"
FILED
192 APR 6 API 10 YY
D ORFIc A. FRY 2ECEi
REGISTL �F DEEDS
DARE COUNTY, N.C.
AUG 12
THIS DEED made this 3rd day of April, 1992, by and between Etta P. McDonal W,-WS
Grantor, and Brian J. McDonald, as Grantee, whose address is 701 Fresh Pond Drive,
Kill Devil Hills, NC 27948
WITNESSETH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and
convey unto the Grantee in fee simple, all those certain lots or parcels of land
situated -in Atlantic Township, Dare County, North Carolina being more particularly
described as follows:
Lots 63 and 64 as described and delineated on a plat prepared by Robert D.
Kramer, Jr. Registered Surveyor, entitled, 'Section 2, Lake Drive
Development, Kill Devil Hills, Atlantic Township, Dare County, North
Carolina, amended June 27, 1966, Scale l inch-100 feet," which plat is now
duly recorded in Map Book 3, Page 4 in the Office of the Register of Deeds
of Dare.County, and by reference said plat is hereby made a part hereof for
a more particular description of the above described lots.
There is also conveyed an easement or right of way for the purpose of
ingress and egress to and from the Atlantic Ocean along a 25 foot parcel of
land opposite Lake Drive and between U.S. Highway 158 Business and the
Atlantic Ocean.
The purpose of this conveyance is to sever the tenancy by the entirety in the
property described herein pursuant to N.C.G.S. 39-13.3(c) and to vest sole title in
the name of the Grantee, and to allow Grantee to henceforth convey and encumber said
property or any portion thereof without the consent or joinder of Grantor. Grantor
hereby relinquishes: (1) All rights to administer the Grantee's estate as provided in
N.C.G.S. 28A-4-1 with respect to the real property described herein; (2) All right of
Intestate succession to the Grantee's estate as provided in N.C.G.S. 29-14; (3) The
right to an elective life estate in the Grantee's estate as provided in N.C.G.S.
29-30; (4) The right to dissent from Grantee's will as provided in N.C.G.S. 30-1; and
(5) The right to a year's allowance in the Grantee's estate as provided in N.C.G.S.
30-15. It is the Intention of the parties hereto that the property described herein
shall be considered separate property of the Grantee pursuant to the Equitable
Distribution Act (N.C.G.S. 50-20) and Grantor relinquishes all right or claim to said
property provided in said Act. f
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple forever.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in
fee simple, that he has the right to convey the same in fee simple, that title is
marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the
exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:

a
811795PcOBIS
1. Exception is taken to deeds of trust, easements and restrictions of record in
the Dare County Registry of Deeds.
2. Exception is taken to ad valorem real property taxes for years subsequent to the
year 1991.
IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal, the day and year
��-- first above written. _
i
&Pflk--IEAL]
Etta P. McDonald
STATE OF Nprlh Carolina yxx
CITY/COUNTY OF Dare �r pp
I, James B. Arahhell a Notary Public of the Cit C %�ML 6) GStete
aforesaid, certify that r'na P. mDonald 9 1
.aul,ni, i• _
personally appeared before me this day and acknowledged the execution of the
foregoing instrument. Witness my hand and official stamp or seal, this 3 day
of April , 19 91
[SEAL] S / ,
Notfiry Public
My commission expires: 9/17/92
_ zxzzxxssxsxx#xxxxxzxsxzs#sssssxxxx#xs#xs#xzxxxsx#xsxxsssrss ssxxx##��{{zxxxzxzxxxxxxxxs
,Ipa foregoi certifica es of 1 I ICTMS
Orr
is/are certified to be correct. This instrument and this certificate are duly
registered at the date and time and in the Book and Page shown on the first page
hereof.
,i'� Register of Deeds for _ ,-—County
By: 3 iC fyxY .
-4)al3wt-t/Assistan Register of Deeds
� l
l

r1LEi '—`.:- •.
eK702Pc0269
'90 RPR 10 PM 3 E
77 " A, Y I AUG — 1 2
Starkey Sharp, Attp€Rg Y�,I
13.
Prepared by
and return to: Hitt) Hawk, NorthlhDAREECihCM. N.0
".
OCEAN COMMERCE PARK CONDOMINIUMS
'
nam.ARATION
THIS DECLARATION, made this 1rd day of April , 19 90
Virginia general pnrtnerahip,
.;.
by Ocean Commerce Park Center, a
the North Carolina Condominium Act,
pursuant to
("Developer"), P
North Carolina General Statutes.
:4
y's,
Chapter 47C,
W I T N E S S E T H:
WHEREAS, Developer is the owner in Yee simple of certain
Devil Hills, County of
V
:�,
a.'
real estate situated in the Town of Hill
Carolina, legally described on Exhibit
,.
Dare, and State of North
A, together with all buildings and improvements now or hereafter
privileges,
and
constructed or located thereon, all rights,
belonging to or in any way pertaining
easements and appurtenances
to said real estate; and
WHEREAS, Developer desires to submit all of said property to
the Act.
NOW, THEREFORE, Developer, as owner of said property, hereby
declare& as follows:
ARTICLE I.
nefi itiona
nevint ionsions. As used herein, the following words and terms
shall have the following meanings:
I^ 1.1. Ash• The North Carolina Condominium Act, Chapter 47C,
North Carolina General Statutes.
1 Fstate. The real estate described in
1.2. ri.i5+i 1 Re
Exhibit A-1 together with all buildings and Sand Veallts rights,'
hereafter constructed or located thereon,
belonging to or in any
privileges, easements and appurtenances
way pertaining to said real estate.
1.3. A ciation. Ocean Commerce Park Owners Association,
under Chapter 55A, North
Inc., a nonprofit corporation organised
Carolina General Statutes.
1.4. Board. The Board of Directors of the Association.
1.5. Bylaws. The Bylaws of the Association which are
hereof by this
hereby incorporated herein and made a part
reference.
All portions of the Condominiums
El
1.6. Common ements,
except the Units. Limited Common Elements are Common Elements.
Expenditures made or liabilities
1.7. Common Expenses,
of the Association, together with any
incurred by or on behalf
allocations to reserves.
The condominium created by this
1.8. Condominium.
Declaration.
1,8, L�rant. Developer and (i) any other persons who
an
ho
iDeclaration tos Declaraon�addrAdditi Additional RealrEstate.
ahas mendmentutodthis
AUG 12 2013
DC!v MMD C"PY

except Security Holders and except persons whose interests in the
Property will not be conveyed to Unit Owners, and (ii) any person,
who succeeds to any Special Declarant Rights pursuant to Section
47C-3-104 of the Act.
1.10. Declara t Control Period. The period commencing on
the date hereof and continuing until the earlier of (i) the date
seven (7) years after the date of the first conveyance of a Unit
to a Unit Owner other than a Declarant, or (ii) the date uponE,`a
which Declarant surrenders control of the Condominium, or (iii)
the date sixty (60) days after the Declarant has•conveyed ninety
(90%) percent of the Units to Unit Owners other than Declarant.
1.11. First Mortaaze and First Mortgagee. A First Mortgage
etiT;;
is a mortgage or deed of trust which has'been recorded so as to
give constructive notice thereof, and which is a first lien on,e
holder, from
the Unite described therein. A First Mortgagee is a
time to time, of a First Mortgage as shown by the records of the
office of which the First Mortgage is recorded, including a
purchaser at foreclosure sale upon foreclosure of a First
-
Mortgage until expiration of the mortgagorts period of
redemption. If there be more than one holder of a First
Mortgage, they shall be considered as, and act es, one First
Mortgagee for all purposes under this Declaration and the Bylaws.
1.12. Floor Plan. The floor plans of the Condominium
recorded with, and by the Act made a part of, this Declaration,
as the same may hereafter be amended.
1.13. L' 't d C m on Ele nt Those portions of the
Common Elements allocated by operation of Section 47C-2-102(2) or
(4) of the Act for exclusive use of one but fewer than all of the
Units and also any Limited Common Elements specifically allocated
to Units on Exhibit B.
1,14. Occupant. Any person or persons in possession of a
Unit, including Unit Owners, the family members, lessees, guests
`
and invitees .of such person or persons, and family members,
guests and invitees or such lessees.
1.15. Person. A natural person, corporation, partnership,
trust or other entity, or any combination thereof.
1.16. PropeytY. The real estate described on Exhibit 'A,"
and the real estate described on Exhibit A-1, together with all
buildings and improvements now or hereafter contracted or located
.�i
thereon, and all rights, privileges, easements and appurtenances
.fr.
belonging to or in any way pertaining to said real estate.
1.17. cecurit for Obligation.- The vendor's interest in
a contract for deed, mortgagee's interest in a mortgage,
trustee's interest in a deed of trust, purchaser's interest under
_
a sheriff's certificate of sale during the period of redemption,
or the holder's interest in a lien.
1.1s. S curits Holder. Any Person owning a Security for an
j7
Obligation in a Unit.t�'
1.19. special -eclarant Rights. The rights reserved herein
and in the Bylaws for the benefit of a Declarant, as follows: to
complete the improvements indicated on tAe Floor Plans; to
maintain sales offices, management offices, models and signs
advertising the Condominiums; to use easements through Common
Elements; to elect, appoint or remove members of the Board during
the Declarant Control Period; and to add Additional Real Estate.
Declarant shall have no right to subdivide or convert Units owned
by Declarant.
f
1.20. Unit. A portion of the Condominium, whether or not
contained solely or partially within a building, together with
its percentage of undivided interest in the Common Elements as
1,r

9K702Pc0271
set forth on Exhibit C. Each Unit is designated and delineated
on the Floor Plans.
1.21. Unit Boundaries. The boundaries of each Unit, both
as to vertical or horizontal planes, as shown In the building
plans, are the underside of the bar joists, the inside of the
bearing walls, the center of the demising wall and the top of the
slab.
1.22. Unit Owner. The Person or Persona, including the
Declarant, owning a Unit in fee simple, including contract -for -
deed purchasers of a Unit, but excluding contract -for -deed
purchasers of a Unit who are Security Holders, and also excluding
all other Security Holders.
ARTICLE II.
Sub ion of Property to thg Act
2.1. _Submission. Developer hereby submits the Property to
the Act.
2.2. Name. The Property shall hereafter be known as the
Ocean Commerce Park Condominiums.
2.3. Division of Property into SeRAlfitely Owned Unite.
Developer, pursuant to the Act, and to establish a plan of
condominium ownership for the Condominium, does hereby divide the
Property into twenty (20) Units and does hereby designate all
such Units for separate ownership, subject, however, to the
provisions of Section 2.4 hereof. The reference to the number of
Units is specifically limited to the first phase of the project,
in that additional Units included within the Condominium project
will or may be added as additional phases, and this Declaration
is subject to such additional developer's rights as set forth in
the other sections hereof.
2.4. Alterations of Units. Subject to the provisions of
the Bylaws, a Unit may be altered pursuant to the provisions of
Sections 4?C-2-113(a) and (b) of the Act.
2.5. Limited Common Elements. The Limited Common Elements
serving or designed to serve each Unit are hereby allocated
solely and exclusively to each such Unit. In addition to those
defined in Section 1.13, Limited Common Elements include those
set forth on Exhibit B and are hereby allocated to Units as shown
in Exhibit B.
2.6. Unit Allocations. The allocations to each Unit of a
percentage of undivided interest in the Common Elements, of votes
in the Association, and a percentage of the Common Expenses, are
as stated on Exhibit C. The allocation of undivided interests in
the Common Elements and of the Common Expenses is according to
the area of each Unit to the area of all Units. The votes in the
Association are equally allocated to all Units.
2.7. Encumbrances. The liens, defects and encumbrances on
the Property to which the rights of Unit Owners and Occupants are
hereby made subject are set out on Exhibit D.
Z.B. Condominigm Ordinances- The Condominium is not
subject to any code, real estate use law, ordinance, charter
provision, or regulation (i) prohibiting the condominium form of
ownership, or (ii) imposing conditions or requirements upon
developments under a different form of ownership. This statement
is made pursuant to Section 47C-1-106 of the Act for the purpose
of providing marketable title to the Units in the Condominium.
2.9. Reservation of Special peclaragt Rights. Declarant
hereby reserve all Special Declarant Rights.
RECLIVW
AUG 12 2013

®K702r90272
ARTICLE III.
Additional Real Estate
3.-1. Declar nt's Right to Add dditional Real Estate.
Declarant expressly reserves the right to add an additional Unit
to the Condominium. No assurances are made as to whether such
additional Unit will be added to the Condominium. Declarant
shall have no duty or obligation to add the additional Unit. The
method of adding the Unit shall be pursuant to Section 47C-2-111
of the Act.
3.2. Maximum Number of Additional U its• Unite Restricted
to Residential Use. The maximum number of additional Units which
may be created within the Additional Real Estate is one (1) Unit,
for a total of twenty-one (21). All of such Units will be
restricted exclusively to nonresidential use.
3.3. Compatibility of Stvle. Etc. Any building or Unit
that may be erected upon the Additional Real Estate or a portion
thereof will be compatible with the other building§ and Units in
the Condominium in terms of architectural style, quality of
construction, principal material employed in construction, and
size.
3.4. Appli bilit Y Restrictions, Etc. All restrictions
in the Declaration and the Bylaws affecting use, occupancy and
alienation of Units will apply to the additional Unit that may be
created within the Additional Real Estate.
3.6. Other Improyementa and Common Elements. In addition
to the_ building and Unit that may be erected upon the Additional
Real Estate or a portion there, the other improvements and Common
Elements that may be made or created upon or within the
Additional Real Estate or each portion thereof which may be added
to the Condominium will be generally similar in quality and
quantity to the improvements and Common Elements located in the
Condominium.
3.6. Development of Additiorkal Real Estate. The Additional
Real Estate may be developed by the Declarant and added to the
Condominium as a separate Unit when and if the Declarant receives
approval for such additional construction from the appropriate
officials of the Town of Kill Devil Hills and from the Dare
County Health Department.
3.7. Termination f Right to Develop Additional Real
Estate. Upon termination of the Declarant, Control Period
(Section 1,10), the rights of the Declarant to construct that
additional Unit on the Additional Real Estate shall terminate.
3.8. Lands included in Common BlemeDts. Except for the
rights to construct the additional Unit described in this
Declaration on the Additional Real Estate, the lands described in
Exhibit A-1 to this Declaration shall be considered Common
Elements and subject to all of the provisions of the Declaration.
ARTICLE TV.
Easements
4.1. Encroachments. In the event that, by reason of the
construction, reconstruction, rehabilitation, alteration or
improvement of the buildings or improvements comprising a part of
the Property, any part of the Common Elements nor or hereafter
encroaches upon any part of any Unit, or any part of any Unit,
now or hereafter encroaches upon any part of the Common Elements,
or upon any part of another Unit, an easement for the continued
existence and maintenance of each such encroachment is hereby
declared and granted and shall continue for so long as each such
encroachment exists; provided that in no event shall an easement

7 �ws f
8K702PCO273
for such encroachment be created if such encroachment is
detrimental to or interferes with the reasonable use and
enjoyment of the Common Elements or Unite so encroached upon.
4.2. Easements Through Walls. Easements are hereby
declared and granted to the Association and to such Persons as
are authorised by the Association, to install, lay, maintain,
repair and replace any chutes, flues, ducts, vestal pipes, wires,
conduits and other utility installations, and structural
components running through the walls of the Units, whether or not
such walls lie in whole or in part within the boundaries of any
Unit.
4.3. Easements to Repair, maintain. Restore and
Reconstrmet. Wherever in, and whenever by, this Declaration, the
Bylaws or the Act, a Unit Owner, the Association, the Board, or
any other Person, is authorized to enter upon a Unit or the
Common Elements to repair, maintain, restore or reconstruct all
or any part of a Unit or the Common Elements, such easements as
are necessary for such entry and such repair, maintenance,
restoration or reconstruction are hereby declared and granted.
4.4. D lar nt's Easement. Declarant hereby reserves such
easements through the Common Elements as may be reasonably
necessary for the purposes of discharging its obligations,
exercising Special Declarant Rights, and completing the
development and construction of the Condominium, which easements
shall exist as long as reasonably necessary for such purposes.
4.5. Easements to Run With Land. All easements and rights
described in this Article IV are appurtenant easements running
with the land, and except as otherwise expressly provided in this
Article IV shall be perpetually in full force and effect, and
shall inure to the benefit of and be binding upon Declarant, the
Association, Unit Owners, Occupants, Security Holders and any
other Person having any interest in the Condominium or any part
of any thereof. The Condominium and every part thereof shall be
conveyed and encumbered subject to and together with all
easements and rights described in this Article IV, whether or not
specifically mentioned in any such conveyance or encumbrance.
ARTICLE•V.
Restrictions, Cond'ti na and Covenants
5.1. Compliance with Declaration, B 1 ws and R les and
Regulations. Each Unit Owner and Occupant shall comply with all
applicable provisions of the Act, this Declaration, the Bylaws,
the Articles of Incorporation of the Association, and rules and
regulations promulgated by the Board or the Association, as
amended. Failure to comply shall be grounds for an action by the
Association, and aggrieved Unit Owner, or any Person adversely
affected, for recovery of damages, injunction or other relief.
5.2. Administration of Condominium. The Condominium shall
be administered in accordance with the provisions of the Act,
this Declaration and the Bylaws.
5.3. Use R r t d• U e by Dec1
(a) The Units shall be occupied and used by Unit
Owners and Occupants for nonresidential purposes only.
(b) No "For Sale" or "For Rent" sign or other, window
displays or advertising shall be maintained or permitted by any
Unit Owner or Occupant on any part of the Condominium without the
prior written consent of the Board.
(c) Declarant also may maintain signs on the Common
Elements advertising the Condominium until all of the Units have
been conveyed to Unit Owners other than a Declarant. Declarant
shall remove all such signs not later than thirty (30) days after
f - if4 `1n.-% 00 FYI
AUG 12 2013
DM-MHDcrry

6K702PCO274
all of the Units have been conveyed to Unit Owners other than
Declarant and shall repair or pay for the repair of all damage
done by removal of such signs.
5.4. Hazardous Use and Waste. Nothing shall be done to or
kept in any Unit or the Common Elements that will increase any
rate of insurance maintained with respect to the Condominium
without the prior written consent of the Board. No Unit Owner or
Occupant shall permit anything to be done to or kept in his Unit
or the Common Elements that will result in the cancellation of
insurance maintained with respect to the Condominium, or that
would be in violation of any law, or that will result in the ,J
commitment of waste (damage, abuse or destruction) to or in his
Unit or the Common Elements. The limitations contained in this
Section are subject to certain uses that may from time to time
occur within the Condominium and the standards which shall apply
to the conditions in this Section are understood to be standards
which would be applicable to commercial uses. So long as the
provisions of Article VIII dealing with insurance and the
allocations for costs of such insurance are met in accordance
with the provisions of Article VIII, it shall be presumed that
the provisions of this Section dealing with cancellation of
insurance and increases in the insurance rate are satisfied.
5.5. Additional Restrictions. In addition to the
limitations set forth in Section 5.4. above, certain additional
restrictions shall apply as set forth herein. No Property shall
be used in any manner so as to endanger or risk contamination of
the ground water table or drainage area supplying the body of
water known as "The Fresh Pond" located to the southwest of the
Condominium properties. This shall include a specific
prohibition of the storage or use on the Condominium properties
of any hazardous liquids or materials that would, in the event of
any spillage, have the potential of contamination of the water
table or The Fresh Pond. A Unit Owner will be deemed to be in
compliance with this section if the storage or other use of
materials on the premises have been approved in writing by
officials of the Town of Kill Devil Hills Planning department,
Fire Department and Water Department.
5.6. West Water System.
(a) The sewage and waste water disposal system for the
Condominium is an on -site septic tank w ith supporting drain
fields, constructed in accordance with requirements of the Dare
County Department of Environmental Health. The use of the sewage
disposal system by Unit Owners within the Condominium is
regulated by the provisions of this Section.
(b) The Condominium is allocated 'certain maximum waste
water capacity, based upon a standard usage rate of 1,000 gallons
per day for the entire Condominium project. The rate is an
average daily rate determined on a monthly basis. Waste water
usage shall be measured by the amount of water supplied to each
Unit in the Condominium. All water supplied to the Condominium
will be supplied by the municipal water system for the Town of
Kill Devil Hills and shall be individually metered for each Unit.
The amount of waste water usage shall be considered equal to the
amount of water supplied, on a one to one ratio, per gallon,
according to the individual meters.
(c) Each Unit will receive a water and sewer
allocation. The allocation will be .made by the Declarant at the
time of the sale of each Unit. The allocation will not change
until reallocated or reassigned by the Declarant. The total
water and sewer allocation for the Condominium will not exceed
1,000 gallons per day.
(d) Monthly water usage will be determined by
reference to the individual water meters for each Unit. The
average daily use, determined on a monthly basis, shall not
exceed the allocation for the individual Unit. If water use

8K702r 0275
exceeds the allocation, the Unit Owner will be subject to a fine
of $100.00 per gallon for each gallon exceeding the allocation
and the Declarant will have the right, in Declarant's sole
discretion, to terminate water service to the Unit. Service need
not be restored until the Declarant is satisfied that water usage
will not exceed the allocation and all fines and expenses
relating to the termination are paid. Such amounts will be
payable to the Association, except where expenses are incurred
with the municipal water system.
(a) An individual metered account will be maintained
in the name of the Association for each water meter in the
Condominium. The Association shall have the right, consistent
with the provisions of this Section, to terminate and install
water service, bill and collect for water used, and otherwise
monitor.the use of water and waste disposal.
(f) No Unit will be metered for water service in the
name of the Unit Owner, except on the books and accounts of the
Condominium. All water service will be billed at the same rate
as the rate billed by the municipality. The Declarant, or the
Association as successor to the Declarant, shall have a right to
terminate service for non-payment and shall also have lien rights
for unpaid water service billings in the same manner as lien
rights for dues and assessments.
(g) The rights assigned to the Declarant, for
allocation and reassignment of water rights as well as other
rights defined in this Section, will pass to the Board of
Directors of the Association at such time as the last Unit within
the Condominium has been sold or conveyed by the Declarant. The
Declarant may elect to transfer such rights and obligations at an
earlier time, in the sole discretion of the Declarant.
(h) The water and sewer allocation may be made so that
no water or sewage service is provided to certain Units within
the Condominium, thereby allowing the distribution of available
water and sewage service among other Units within the
Condominium. However, no allocation, once made, may be reduced
to any Unit without the consent of the Unit Owner, even when the
Unit usage does not meet the full allocation made as determined.
by the monthly computation.
(i) 'The limits on water and sewer usage described in
this Section will apply to each Unit according to the allocation,
even when the total average daily usage for the Condominium does
not exceed the total allocation of 1,o00 gallons per day.
(j) Reallocation of water and sewage may occur when
the consent of all Unit Owners for Units involved in the
reallocation is obtained as well as the consent of the Declarant.
(k) If the Condominium is provided with off -site
sewage disposal service and the connections are made to dispose
of sewage and waste water through such a system, the provisions
of this Section dealing with allocations of water and sewer
service will no longer apply and there will be no limitation on
water usage as a result of the provisions of this Section.
5.7. Alt ation of Co n E1 ants. No Unit Owner or
Occupant, except Declarant during the Declarant Control Period,
shall alter, construct anything upon, or remove anything from,
the Common Elements, or paint, decorate, landscape or adorn any
portion of the Common Elements, without the prior written consent
of the Board.
5.8. Renting of Units. Any Unit Owner who enters into a
lease of his Unit for a lease term longer than thirty (30) days
shall promptly notify the Association of the name and address of
each lessee, the Unit rented, and the term of the lease. Other
than the foregoing restrictions, each Unit Owner shall have the
full right to lease his Unit.
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BK702PCO276
5.9. Rules and Regulations. In addition to the foregoing
restrictions, conditions and covenants concerning the use of the
Condominium, reasonable rules and regulations not in conflict
therewith and supplementary theretomay be promulgated and
amended from time to time by the Board or the Association, as
more fully provided in the Bylaws.
5.10. Restrictions Conditions and Covenants to Run with ,J
Land. Each Unit owner and Occupant shall be subject to all -
restrictions, conditions and covenants of this Declaration, and I
all such restrictipns, conditions and covenants shall be deemed
to be covenants running with the land, and shall bind every
Person having any interest in the Property, and shall inure to
the benefit of every Unit Owner.
5.11. Partition or Combination of Units. Except as herein
provided, no Unit may be divided or subdivided into a smaller
Unit or Units, nor shall any Unit or portion thereof be added to
or incorporated into any other Unit, provided however, that upon
the express written consent of the Board of Directors, two or
more existing Units may be combined to form a single Unit. In
the event of such combinations, each Unit shall retain its
individual legal character and its appurtenant undivided interest
in the Common Elements. Such combination shall be accomplished
by the opening of a doorway or other passageway between the Units
so combined and insofar as such doorway or passageway affects the
Common Elements, such doorway or passageway shall be considered a
Limited Common area and facility pursuant to this Declaration,
and the cost of maintaining, repairing and replacing such doorway
or passageway shall be the sole responsibility of the Unit Owners
of the affected Units. The location and construction of such
doorway and passageway shall be the sole responsibility of the
Unit Owners of the affected Units. The location and construction
of such doorway and passageway shall require the written consent
of the Board of Directors and shall be' in compliance with all
governmental laws, codes, ordinances and regulations as well as
the plans and specifications of the Condominium. In addition,
such Units may be combined by removing or by not constructing the
intervening partitioning wall, notwithstanding the fact that such
partitioning wall is or would have been part of the Common
Elements so long as no portion of any load bearing wall, column
or structural member is materially weakened, removed or not
constructed and no portion of the Common Elements, other than
that partitioning wall (and any wiring, conduits, ducts,
utilities, apparatus or equipment contained therein which must be
relocated by such Unit Owners if they serve any other pat of the
Condominium) is damaged, destroyed or endangered. The cost of
any such combination shall be the responsibility of the Unit
Owners whose Units are being combined. The prohibition against
subdivision of a Unit set forth in this Section 5.10 shall not.,.
prevent a subsequent physical division of any Unit into its
component Units. Any such division shall be at the sole cost and
expense of the Unit Owners making such division.
Any instrument conveying, devising, encumbering or otherwise
dealing with any Unit (whether part of an office suite or
otherwise) which describes said Unit: by the numerical designation
shall be deemed and construed to affect the entire Unit and its
appurtenant undivided interest in the Common Elements. Except as
specifically provided in this Declaration with respect to the
addition or inclusion of additional Units, the Common Elements
shall not in any manner be divided nor shall any right to
partition any part thereof exist. The Common Elements and each
Unit's undivided' interest therein shall not be conveyed, devised,
encumbered or otherwise dealt with separately from the Unit to
whi-h the interest is appurtenant. Nothing herein contained
shall be deemed to prevent ownership of a Unit by the entireties,
jointly, or in common or in any other form by law permitted, nor
to prevent termination of the Condominium in accordance with the
Act.

gK702n0277
Nothing contained in this Section 6.11 shall prohibit the
subletting of all or a portion of any Unit.
ARTICLE VI.
Assessments
6.1. Assessment Liens, The Board has the power to levy
-
-.. assessments against the Units for Common Expenses. Such
�.
assessments shall be a lien on the Unite against which they are
l-,
assessed, and if any payment thereof becomes delinquent, the lien
-..
may be foreclosed and the Unit sold, or a money judgment obtainedA'`
against the Person liable therefore, all as set forth in the
j�..
Bylaws. The Bylaws shall set the method of assessment, the
procedure for collection and any other matters necessary to
1:3
identify the nature of the assessment rights set forth herein.
This specifically includes, but not by way of limitation, the
method for collection of liens and assessments in the manner get
forth in N.C.G.S. Chapter 44A, at Seq.
6.2. Personal Liability of Transferees; St t, Liability of
First Mortgagee.
'
(a) The personal obligation for assessments which are
delinquent at the time of transfer of a Unit shall not pass to
the transferee of said Unit unless said delinquent assessments
are expressly assumed by said transferee.
(b) Any transferee referred to in (a) above shall be
entitled to a statement from the Board, pursuant to Section 6.11
of the Bylaws, and such transferee's Unit shall not be subject to
a lien for any unpaid assessments against such Unit in excess of
the amount therein set forth.
(c) Where a mortgagee or the beneficiary of a deed of
trust, or other Person claiming through such deed of trust,
pursuant to the remedies provided in a deed of trust, or by
foreclosures or by a deed, or assignment, in lieu of foreclosure,
obtains title to a Unit, the liability of such mortgagee or such
other Person for assessments shall be only for the assessments,
or installments thereof, that would become delinquent, if not
paid, after acquisition of title. For purposes hereof, title to
a Unit shall be deed acquired by foreclosure upon expiration of
the applicable period of redemption.
(d) Without releasing the transferor from any
liability therefor, any unpaid portion of assessments which is
not a lien under (b) above or, resulting, as provided in (c)
above, from the exercise of remedies in a deed of trust, or by
foreclosure thereof or by deed, or by assignment, in lieu of such
foreclosure, shall be a Common Expense collectible from all Unit
Owners, including the transferee under (b) above and the
purchaser at foreclosure or such other Person under (c) above who
acquires ownership by foreclosure or by deed, or assignment, in
lieu of foreclosure.
6.3. Prohibition f w m ti n r m i,r epur❑r xor
Contribution12Hard Common Expenses. Except as stated in
paragraph 6.4 below, no Unit Owner may exempt himself from
liability for his share of the Common Expenses assessed by the
Association by waiver of the use or enjoyment of any of the
Common Elements or by abandonment of his Unit or otherwise.
6.4. ---- from Payment of Assessments by
Developer. Notwithstanding the foregoing provisions, the
Declarant shall be exempt from payment of dues or assessments
relating to the Common Expenses of the Association under certain
limited conditions as defined in this paragraph. Such an
exemption may occur only during the Declarant Control Period.
Upon termination of the Declarant Control Period as defined in
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DCM-MHD CITY

gK7.02fc0278
paragraph 1.10 of this Declaration, any exemption described
herein shall terminate, and the Declarant shall commence to pay
dues and assessments in the same manner as other Unit Owners.
During the Declarant Control Period, the Declarant may collect
dues and assessments for payment of the Common Expenses from all
Unit Owners. If Declarant elects to remain exempt from the
payment of dues and assessments, Declarant shall be responsible
to pay to the Association all sums necessary to cover the
difference between the operational cost of. the Association and
the. amounts collected from the other Unit Owners. The
operational expenses will be determined by the budget for the
Association as adopted by the Board of Directors of the
•- Association and will include an item identified as reserves. ,
The budget adopted will include the annual cost of all
Common Expenses, including reserves for repairs of parking, pools
and mechanical systems. Declarant shall pay to the Association
such amounts as necessary to cover all such expenses, including
the annual amount allocated for reserves, except for the share
prorated for each individual Unit paid by such Unit Owner. .These
amounts will be paid by the Declarant as the amd'unt becomes due.
Reserve amounts shall be payable at the end of the second year
following the recording of this Declaration and at the end of
every year thereafter. In the event the Declarant Control Period
shall end as defined in paragraph 1.10, the Declarant shall be
obligated to pay all dues and assessments which would then be due
to the Association had the payment of dues been received
according to the original payment schedule.
ARTICLE VII.
Manamement, Maintenance, Repairs,
Replacements. Alterations and Improvements
7.1. Common Elements.
(a) By the Association. The management, replacement,
maintenance, repair, alteration and improvement of the Common
Elements shall be the responsibility of the Association, and,
subject to the provisions of Section 7.2 hereof, the cost thereof
shall be a Common Expense to the extent not paid by the Unit
Owners pursuant to Section 7.1(b) hereof. All damage caused to a
Unit by any work on or to the Common Elements done by or for the
Association shall be repaired by the Association, and the cost
thereof shall be a Common Expense.
(b) By Unit Owners, Each Unit Owner shall pay all
costs to repair and replace all portions of the Common Elements
that may become damaged or destroyed by reason of his intentional
acts or the intentional acts of any Occupant, guest or invitee of
his Unit. Such payment shall be made upon demand made by the
Association.
7.2. Common Expenses Associated with Limited Common
Elements or Benefittin¢ Less Than All Units.
J
(a) Any Common Expense associated with the
maintenance,,repair, or replacement of a Limited Common Element
shall be assessed against the Unit, or in equal shares to the
Units, to which such Limited Common Elements was allocated at the
time the expense was incurred.
(b) In addition, the Association may assess any Common
Expense benefitting less than all of the Units against the Units
benefitted in proportion to their Common Expense liability.
7.3. Units. Each Unit Owner shall maintain his Unit at all
times in a good and clean condition, and repair and replace, at
his expense, all portions of his Unit; Ishall perform his
responsibilities in such manner as not to unreasonable disturb
other Occupants; shall promptly report to the Board, or its

RK702►CO279
agents, any defect or need for repairs the responsibility for
which is that of the Association; and, to the extent that such
expense is not covered by the proceeds of insurance carried by
the Association, shall pay all costs to repair and replace any
portion of another Unit that has become damaged or destroyed by
reason of his own acts or omissions, or the acts or omissions of
any Occupant, guest or invitee of his Unit. Nothing herein
contained shall modify any waiver by insurance companies of
rights of subrogation.
7.4. Waiver of Claims. Except only as -provided in Section
7.5(a) and (b), the Association agrees that it shall made no
claim against a Unit Owner or Occupant, and each Unit Owner and
Occupant agrees that he shall make no claim against the
Association, the members of the Board, officers of the
Association, or employees or agents of any thereof, or against
any manager retained by the Board, or his or its officers,
directors, employees or agents, or other Unit Owners or
Occupants, for any loss or damage to any of the Property, or to a
Unit or personal property therein, even if caused by the omission
or neglect of any one or more of such Persons and all such claims
are hereby waived and released; provided that this waiver shall
not apply to any such loss or damage due to intentional acts.
7.6. Right of Entr .
(a) By the Association. The Association, and any
Person authorized by the Association, may enter any Unit or any
of the Limited Common Elements in case of any emergency or
dangerous condition or situation originating in or threatening
that Unit or any of the Limited Common Elements. The
Association, and any Person authorized by the Association, after
reasonable notice to a Unit Owner or Occupant, may enter that
Unit or any of the Limited Common Elements for the purpose of
performing any of the Association's duties or obligations or
exercising any of the Association's power under the Act, this
Declaration or the Bylaws with respect to that or any other Unit,
any Limited Common Elements, or the Common Elements.
Notwithstanding Section 7.41 the Association shall be responsible
for the repair of any damage caused by the Association or its
authorized Person to the entered Unit, and the cost thereof shall
be a Common Expense. All such entries shall be made and done as
to cause as little inconvenience as possible to the Unit Owner
and Occupant of the entered Unit or any portion of the Limited
Common Elements allocated to the Unit Owner.
(b) By Unit Owners. Each Unit Owner and Occupant
shall allow other Unit Owners and Occupanta, and their
representatives, to enter his Unit, or 'Limited Common Elements
allocated to his Unit, when reasonably necessary for the Purpose
of altering, maintaining, repairing or replacing the Unit of, or
performing the duties and obligations under the Act, this
Declaration or the Bylaws of the Unit Owner or Occupant making
such entry, provided that requests for entry are made in advance
and that such entry is at a time convenient to the Unit Owner or
Occupant whose Unit or Limited Common Element is to be entered.
In case of any emergency or dangerous condition or situation,
such right of entry shall be immediate. Notwithstanding Section
7.4, the Person making such entry shall be responsible for repair
of any damage caused by such Person to the entered Unit or
Limited Common Element.
ARTICLE VIII.
Insurance
8.1. capually insurance. The Association shall maintain
casualty insurance upon the Property in the name of, and the
proceeds thereof shall be payable to, the Association, as trustee
for all Unit Owners and Security Holders as their interests may
appear, and be disbursed pursuant to the Act. Such insurance
shall be in the amount equal to not less than the full insurable
RECEIVED
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BK792Pc0280
value of the Property on a replacement cost basis and shall
insure against such risks and contain such provisions as the
Board from time to time shall determine, but a minimum shall
conform in all respects to the requirements of the Act, and shall
provide that, notwithstanding any provision thereof that gives
the insurer an election to restore damage in lieu of making cash
settlement, such option shall not be exercisable if such
restoration is prohibited pursuant to Section 47C-3-112(g) of the
Act.
8.2. Public Liability Insurance. The Association shall
maintain public liabilityinsurance for the benefit of the Unit
Owners, Occupants and holders of a vendor's interest in a
contract for deed on a Unit, the Association, the Board, the
manager, if any, the Declarant, and their respective officers,
directors, agents and employees, in such amounts and with such
coverage as shall be determined by the Board; provided that the
public liability insurance shall be for at least One Million
Dollars ($1,000,000.00) per occurrence for death, bodily injury
and property damage. Said insurance shall contain a
severability-of-interest endorsement precluding the insurer from
denying liability because of negligent acts of any insured;
insure all of such benefited parties against such liability
arising out of or in connection with the use, ownership or
maintenance of the Common Elements, and the streets, sidewalks
and public spaces adjoining the Condominium; and insure the
Association, the Board, the manager, if any, and their respective
officers, directors, agents and employees against such liability
arising out of or in connection with the use or maintenance of
the Units. In the event that the market for insurance does not
have available at a, price or cost justifiable by reasonable
decision of the Board of Directors of the Association the
insurance specified herein, the Board may make such judgments as
to insurance as necessary, consistent with the intentions of this
paragraph, for the best interest of the Association.
8.3: FidelityF'delity Coverage. Fidelity coverage shall be
maintained by the Association in commercial blanket form covering
each director and officer of the Association, any employee or
agent of the Association and any other Person handling or
responsible for handling funds of the Association in the face
amount of at least the greater of (i) one and one-half (1-1/2)
times the estimated annual operating expenses and reserves of the
Association, or (ii) the sum of three months' aggregate
assessments on all Units plus the Association's reserve funds.
Such bonds shall contain an appropriate endorsement to cover
Persons who serve without compensation. The premiums on such
bonds shall be a Common Expense.
8.4. Other Insurance. The Association may procure such
other insurance, including worker's compensation insurance, as it
from time to time deem appropriate to protect the Association of
the Unit Owners.
8.6. Insurance Trust. The Board may engage, and pay as a
Common Expense, any appropriate Person to act as an insurance
trustee to receive and disburse insurance proceeds upon such
terms as the Board shall determine, consistent with the
provisions of the Act and this Declaration.
8.6. Individual P licv for Unit Owners. Each Unit Owner
_ may obtain insurance, at his own expense, affording personal
property, and any other coverage obtainable, to the extent and in
the amounts such Unit Owner deems necessary to protect his own
interests; provided that any such insurance shall contain waivers
pursuant to Section 7.3 and shall provide that it is without
contribution as against the insurance purchased by the
Association. If a casualty loss is sustained and there is a
reduction in the amount of proceeds that would otherwise be
payable on the insurance purchased by the Association due to'the
proration of insurance purchased by a Unit Owner under this
Section, such Unit Owner shall be liable to the Association to

RK702PC6281
the extent of such reduction and shall pay the amount of such
reduction to the Asaociati�o upothe nextentnd, and assigns t
of such reduction,
proceeds of his insurance,
the Association.
8.7. All i� P Insurance. It is acknowledged that
specific uses of the Units within the Condominium may result in
additional insurance coats by way of increased premiums or
allocation and that such costs are appropriately carried by the
particular commercial use which results in such additional costa.
Therefore, notwithstanding the other provisions of this
Declaration which allocate the common percentages among the
various Unit Owners, certain costs dealing with insurance shall
be allocated on a leas than equal method among the various Unit
Owners. Each particular Unit shall be responsible to obtain
insurance for business interruption and for any other similar
discretionary insurance at the sole coat of the Unit or Unit �?
Owner. For additional casualty insurance costa which may be ;;y
generated by a particular Unit or the use within such Unit (each
as a restaurant) such additional coats shell be allocated to the
Unit which results in the additional casualty risk. Where
POE the ollocation shall be made based mpon information
provided by the insurance carrier or underwriter. It is the
intention of this Section that the individual Unit Owners shall
be required to pay in common percentages based upon their square
footage for those categories of insurance which are common to all
of the Unit Owners. For those categories of insurance which
result in a particular use in an individual Unit or Unite which
does not apply in common to all of the Units, such additional
costa which would not in the
otherwise apply for the insurance coverage
shall be born entirely by those Units whose use results
additional cost. The Board of Director, of the Association shall
determine the allocations according to the concepts set forth in
this Section and the discretion of the Hoard in each matters
shall
be conclusive.
ARTICLE IX -
Casualty Damage
If all or any part of the Property shall beendamagedproceor
destroyed, the same shall be repaired or replaced,
ds
of insurance shall be used and applied in accordance with the
provisions of Section 47C-3-112(d) and (g)
of the
ARTICLE X.
[ d m Ati n
In the event of a taking by eminent domain, or by a
conveyance in lieu thereof, of all of any part of the Property,
the same shall be repaired or restored, and the awards paid on
account thereof shall be used and applied in accordance with
Section 47C-1-307. of the Act.
ARTICLE XI.
Te i iati n
The Condominium may be terminated only in strict compliance
with Section 47C-2-118 of the Act.
ARTICLE XII.
Ame d e t
This Declaration may be amended only in strictncompliance
with the Act, including, without limitation,
Sectioand 47C-2-117 of the Act, except that no b endmentmade altering
tor
Impairinal
consenciaY Declarant.
Declarant
Rights may
written
RBCMVW
AUG 12 2013
DCM-MIiD MY

6K702PCO282
ARTICLE %III.
Rights of First Mortgagees
The following provisions shall take precedence over all
other provision of this Declaration and the Bylaws: .
13.1. AvailabilliX of Condominium Do=ments, Hooks.HooKs. Records
and Financial Stat ments. The Association shall, upon request
JP
and during normal business hours, make available for inspection
by Unit Owners and the First Mortgagees and the insurers and
Ir
guarantors of a First Mortgage on any Unit, current copies oP the
Declaration, the Bylaws, other rules and regulations co -governing:;
the Condominium and the books, records and financial statements
of the Association. The Association shall provide an audited
financial statement for the preceding fiscal year if requested in
writing by a First Mortgagee or insurer or guarantor of a First
Mortgage. The Association shall, upon request and during normal'"s'
business hours, make available for inspection by prospective
purchasers of Units, current copies of the Declaration, Bylaws,
other rules and regulations governing the Condominium, and the
most recent annual audited financial statement (if 'one is
prepared).
13.2. Successors' Personal Obligation for Delinquent
Assessment. The personal obligation for assessments which are
delinquent at the time of transfer of a Unit shall not pass to
the successors in title or interest to said Unit unless said
delinquent assessments are expressly assumed by them.
13.3. Rights of. Action. The Association and any aggrieved
Unit Owner shall have a right of action against Unit Owners and
any aggrieved Unit Owner shall have a right of action against the
Association for failure to comply with the regulations, and
decision of the Association made pursuant to authority granted to
the Association in this Declaration and the Bylaws.
13.4. Management And Other Agreements. Any management
agreement between the Declarant or. the Association and
professional manage or any other agreement providing for services
of the developer, sponsor, builder or Declarant shall be
terminable by either party thereto without cause and without
payment of a termination fee upon not more than thirty (30) days'
prior written notice and shall not exceed a term of three (3)
years, subject to renewal by the consent of both parties.
13.5. Right of First Refusal. The right of Unit Owners to
sell, transfer, mortgage or otherwise covey 'his interest in his
Unit shall not be subject to any right of first refusal.
13.6. Consent of First Mortgagees. This Section 13.6 shall
be effective only if, at the time this Section would apply, at
least one Unit is subject to financing. Any decision to
terminate the Condominium for reasons other than substantial
destruction or condemnation of the Property shall require the
prior written consent of Eligible Mortgage Holders, as defined in
Section 13.7 hereof, representing at least 67% of the votes
allocated to Units subject to First Mortgages held by Eligible
Mortgage Holders, or such greater requirements specified by the
Act. Except for any amendment to the Declaration made for the
• purpose of adding any of the Additional Real Estate to the
Condominium in accordance with the provisions hereof, any
amendment to the Declaration or Bylaws which changes any of the
following shall require the prior written consent of Unit Owners _
holding at least 67% of the total votes in the Association and of
Eligible Mortgage Holders representing at least 51% of the votes i
of allocated Units subject to First Mortgages held by Eligible _
Mortgage Holders, or .such greater requirements specified by the
Act or hereunder:

gA7D2Pe0283
(a) voting rights;
(b) assessments, assessment liens or subordination of
such liens;
(c) reserves for maintenance, repair and replacement
of Common Elements;
(d) responsibility for maintenance and repairs;
(e) reallocation of interests in the Common Elements
or Limited Common Elements or rights to their use;
(f) boundaries of any Unit;
(g) convertibility of Units into Common Elements or
Common Elements into Units;
(h) expansion or contraction of the Condominium or the
addition, annexation or withdrawal of Property. to or from the
Condominium;
(i) insurance or fidelity bonds;
(j) leasing of Units;
(k) imposition of any restrictions on a Unit Owner's
right to sell, transfer or otherwise convey his Unit;
(1) a decision by the Association to establish self -
management when professional management has been required
previously by an Eligible Mortgage Holder;
(m) restoration or repair of the Condominium (after
damage or destruction or partial condemnation) in a manner other
than that specified in this Declaration or the Bylaws;
(n) any action to terminate the legal status of the
Condominium after substantial damage or destruction of
condemnation; or
(o) any provisions that expressly benefit First
Mortgagees or insurers or guarantors of First Mortgages.
13.7. Notice. Each First Mortgagee and each insurer or
guarantor of a First Mortgage, upon written request stating its
name and address and describing the Unit encumbered by the First
Mortgage, held, insured or guaranteed, shall be entitled to
timely written notification by the Association of (i) any
proposed action which requires consent of a specified percentage
of First Mortgagees; (ii) any condemnation or casualty loss that
affects either material portion of the Condominium or the Unit
securing its First Mortgage; (iii) any 60 day delinquency in the
payment of assessments or charges owed any the Unit Owner of the
Unit on which the First Mortgagee held its First Mortgage or in
the performance of any obligation under this Declaration or the
Bylaws by said Unit Owner; or (iv) any lapse, cancellation or
material modification of any insurance policy or fidelity bond
maintained by the Association. Each First Mortgagee who has
requested the Association to notify it of any proposed action
that requires the consent of a specified percentage of Eligible
Mortgage Holders shall be considered an "Eligible Mortgage
Holder". With respect only to non -material amendments (which
excludes items (a) to (o) of Section 13.6), such as for the
correction of technical errors or for clarification, any First
Mortgagee who receives a written request by the Association, or
any Unit Owner, to approve an addition of amendment to the
Declaration or Bylaws who does not deliver or post to the
requesting part a negative response within thirty (30) days shall
be deemed to have approved such request.
.ip .RECEIVED
AUG 12 2013
DC9 A"MC:TY

BK702PCO264
13.8. Assessments. Assessments shall be due and payable in
monthly installments. As provided in Article VIII of the Bylaws
and as legally required by Section 470-3-116 of the Act,
Declarant shall pay .all accrued expenses of the Condominium 'until
assessments are levied against the Units. As assessment shall be
deemed levied against a Unit upon the giving of notice by the
Board to a member of the Association who is a Unit Owner of that
Unit. Unit Owners shall have no obligation to pay monthly
assessments until an assessment is levied. Assessments will
begin at such time as the Board elects.
13.9. i is o- rirsp mor nee- ••�� --- --- --
Cond mnation Awards. No provision of this Declaration or the
Bylaws shall be deemed to give a Unit Owner, or any other party,
priority over any rights of a First Mortgagee pursuant to its
First Mortgage on said Unit Owner's Unit, in the case of a
distribution to said Unit Owner of insurance proceeds or
condemnation awards for losses to or a taking of Units and/or
Common Elements.
13.10. Additional Real Estat • Common Eledlent Interests:
Reallocation. If the Additional Real Estate is added, the
ownership interest in the Common Elements and the liability for
Common Expenses for each Unit shall be reallocated in proportion
to the area of each Unit to the area of all Units and the voting
rights in the Association shall be reallocated on the basis of
equality. The effective date for said reallocation shall be the.
date of recordation of the amendment to this Declaration, which
document shall comply with the provisions of the Act. The
effective date for assignment of assessments to the Units added
to the Condominium shall be the date the Board levies an
assessment against said Units. All improvements intended to be
located within any portion of the Additional Real Estate added to
the Condominium shall be substantially completed prior to the
addition of said portion of the Additional Real Estate.
ARTICLE XIV.
General Provisions
14.1. Conflict with the Act: Severability. Should any of
the terms, conditions, provisiona, paragraphs, or clauses of this
Declaration conflict with any provisions of the Act, the
provisions of the Act shall control unless the Act permits the
Declaration to override the Act, in which event the Declaration
shall control. The invalidity of any covenant, restriction
condition, limitation, provision, paragraph or clause of this
Declaration, or of any part of the same, or the application
thereof to any Person or circumstance, shall not impair or affect
in any manner the validity, enforceability of effect of the rest
of this Declaration, or the application of any such covenant,
restriction, condition, limitation, provision, paragraph or
clause to any other Person or circumstances.
14.2. Interpretation of D cl tion. Whenever appropriate
singular may be read as plural, plural may be read as singular,
and the masculine gender may be read as the feminine or neuter
gender. Compound words beginning with the prefix "here" shall
refer to this entire Declaration and not merely to the part of
which they appear.
14.3. Captions. The captions herein are only for the
convenience and reference and do not define, limit or describe
the scope of this Declaration, or the intent of any provision.
14.4. Exhibits. The exhibits referenced in this
Declaration are incorporated herein by reference, whether or not
they are attached hereto and recorded herewith.

1K 702 PC 0 2 a 5 1—
IN WITNESS WHEREOF, the Declarant has executed this
Declaration as of the day and year first written above.
OCEAN COMMERCE PARK CENTER
( SEAL )
\ William H. ha Jr. "
General Partner
,R
NORTH CAROLINA -
DARE COUNTY
I, a Notary Public for the aforementioned state and county
do hereby certify that WILLIAM H. HIGHAM, JR., General Partner of
OCEAN COMMERCE PARK CENTER, a Virginia general partnership,
personally appeared before me this day and acknowledged the
execution of the foregoing instrument. Witness my hand and seal,
this the 3rd day of April, 1990.
My commis io expires:`,
y� p Notes y Public
GR3
NORTH CAROLINA F, ` PJBLit ,V
DARE COUNTY
s re tbetirlecl to we correct T is instrument and this
certificate are duly registered at the date and time and in the
Book and Page shown on the first P q ereof. ^ /
RBGISTER OF DEEDS BY:-R$GISTER OF DEEDS
MFIV£D
k' AUG 12 2013
DCM-MHD CTTY

EXHIBIT A
PM.CEI. 1 BK �0.2 Pc 0286
Beginning at an existing concrete monument, said existing
- concrete monument being located in and on the Western edge of the
150 foot right of way of U.S. 158 By -Pass as the same is
intersected by the South line of lot 35, Section 2, lake Drive
Development as shown in Map Book 3, Page 4, said beginning point
being located North 19 deg. 24 min.. 19 sec. West 49.48 feet from
.. a concrete monument located in and on the'Weetern edge of the
eforereferenced right of way as the same is intersected by the
North line of that lot or parcel of land now or formerly owned by
Casshar Funs as set fprth in Deed Book 193,'Page 159; from said ---
beginning point South 19 deg. 24 min. 19 sec. Fast 49.40 feet to
a concrete monument; thence South 59 deg. 21 min. 37 sec. West
357.17 feet to.a concrete monument; thence South 19 deg. 30 min.
00 sec. Fast 100.0 feet to a concrete monument; thence South 59
deg. 21 min. 19 sec. Pest 1.025.45 feet to a concrete monument;
thence North 19 deg. 57 min. 43 sec. West 8.56 feet to a concrete
monument; thence North 19 deg. 30 min. 00 sec. West 142.02 feet
to a concrete monument; thence North 59 deg. 26 min. 07 sec. East
1,382.41 feet to the point and place of beginning.
Reference is herby made to that map of plat entitled "Plat for
Ocean Park Partnership" by C. P. Lewis - Surveyor, P.C., for a
more compelte and concise description of the lands herein conveyed.
The property herelnabove described was acquired by Grantor by instruments
recorded in Book 486, Page 530, Dare County Public Registry.
PARCEL 2
All that certain parcel of land situated in Atlantic Township, Town of Kill Devil
Hills, adjoining lands known as Lake Drive Development, now or formerly, the Dare
Development Corporation, and lands belonging to'the Town of Kill Devil Hills water
system project, and more particularly 'described as follows:
Beginning at an iron pipe in the Southeast corner of the property herein conveyed as
the same adjoins the Northeast corner of property of the Town of Kill Devil Hills and
the West line of property now or formerly belonging to Dare Development Corporation;
and running thence from said beginning point and along the West line of the Dare
Development Corporation lands North 19'30'00" West a distance of 142.82 feet to a
concrete monument in the South line of the Lake Drive Development; and running
thence along the South line of Lcts 62,'63 and 64 of the Lake Drive Development.
South 59' 23 18" West a distance of 152.51 feet to a corner in the East line of the
lands of the Town of Kill Devil Hills and the Southwest corner of Lot 64 of Lake
Drive; and thence turning and running along the East line of the Town of Kill
Devil Hills and an existing fence on line South 30°20'25" East a distance of 140.94
feet to a corner; thence turning and running along the North line of the Town of
Kill',Devil llllls',,property North 59°35'45" East a distance of 125.42 feet to the
iron"plpe'at [he point or place of beginning.
Being the exact same land conveyed to the Grantors herein by deed of Charles H.
Clarkson, Widower dated October 11, 1988 and duly filed for record in the Public
Registry of Dare County, North Carolina.

117a2Pc0287
EXHIBIT A-1
All of the property located and described as follows: Beginning at
the northeastern corner of Unit Number 20 of the Condominium
created by this Declaration and continuing in a westerly direction
for a distance of 30 feet by extending the north and south boynd r
lines of the condominium building a distance of 30 feet, ease [tia
the area described would be sufficient to support one additional
Unit, equal In size and dimensions to the ex isting Unite in the
Condominium.
It is understood and declared that this Additional Real Estate is
a part of the Condominium Property and that it is subject to the
terms of this Declaration. As such, these lands cannot be
withdrawn from or separated from the other lands which are the
subject of this Declaration except in a manner that would otherwise
be permitted by the Act as to any Property.
The aole right reserved by the Declarant in this Additional Real
n an
Unit Estatewis hich Uniright will beo ato cstrucpart[ of her
the oCondominiumonaapldescribed Condominium
in
Article III of this Declaration.
RECUM
AUG 12 2013

EXHIBIT B eA 7 0 2 Pe 0•2 8 8
For the purpose -of the Ocean Commerce Park Condominiums
project, there are no Limited Common Elements. '
' CERTIFICATE OF PROFESSIONAL ENGINEER,
The undersigned, a professional engineer, 3,'egistered under the
provisions of the North Carolina General Statt(te 89(C) does hereby
certify that the attached plans of Oceatg Commerce Park, A
Condominium identified as construction drawings labeled "Oce,an
Commerce Parke and the site layout prepared b}'� Waterway Surveys &
Engineering, Ltd. Registered Land Surveyors tlo accurately depict
the site layout and units 1 through 20 as to th6 layout, locations,
ceiling. and floor elevations, unit numbers add dimensions of the
unite as' built and that the project as of this .date is
substantially complete.
WITNESS my hand tA4
and e 7 this the S?_day oP �9
S L4( P OFESSI ENGINEER
12227
J.
'o 'F�Cfil ltl,
I NORTH CAROLINA
�i DARE COUNTY
I, a notary public hexeby certify that On this the as da
19 , personally appe4red before me'.1 D•
professional engineer, who being by me first duly svorn, declared �� that he signed the foregoing document 1h his capacity as an
engineer, that he has read the foregoing document, that he vas
authorized to' sign the document and the statements contained
therein are true.
My Commission Expires:
,..1 :'amsr'svlrc C� h ,lily 13, Iq
Notary public
r 1

EXHIBIT C 11 7 0 2 ►s 0 2 8 9
The percentage of undivided interest in the Common Elements for
each Unit is 52 or 1/20th. In the event that au additional Unit is
added to the Condominium as described in Article III, the
percentage of undivided interest in the Common Elements will be
4.76% or 1/21st.
The formula used to determine the percentage is an equal proration
among all existing Unite.
The percentage of Common Expenses allocated to each Unit shall be
the same as the percentage of Common Elements..
. I I Each Unit shall have one vote in matters and affairs of the
Association.
RECEIVED
AUG 12 2013
A

•'A
.. EXHIBIT D BX 7 Q 2 PC Q 2 9
List of liens, defects and encumbrances to which the rights Of Unit
Owners are,subjece:
1. General service and utility easements to supply
utility service to the Condominium Property-
2. Rights of the Association, the Unit Owners, and the
Declarant set forth in the Declaration and the related
documents; plats and plane, and Bylaws.
3. Construction loan and permanent financing, whether
renewed or extended and whether represented by the
,
,I^
ppt. ed�iuting for developer now in place: except
,.€£ngmc7ng
that the indivi3ual Units and the respective percentages
L
of common ownership will be released prior to conveyance,-�.
to the Unit owners.;
4. The provisions of Chapter 47C of the North Carolina
.�
y'3•r
General Statutes.
-"-
5. Power pole(s) located on insured land and overhead power
Lewis,
survey
line( as Shownand rb 16, 1988E
1986,�d
25said
ddatedcrossing
revisednDecembe
RLS,
to - Parcel 1.)
' 6. Easement(s) to the North Carolina Power (formerly
Virginia Electric and Powea Company)
page 148, and in Book 95, page Dare County Registry.
_
(As to Parcel 1.)-
7. Easement(s) to State Highway Commission recorded in
=�
Book 76, page 283, Dare County Registry. (As to Parcel
1.)
B. Easement(s) to North Carolina Power (formerly
Virginia Electric and Power Company) recorded in Book 83,
2.)
p age '89, Dare County Registry. (As to Parcel
9, There are certain discrepancies between the
description of the property as set forth in Deed Book
on
486, page 532, Dare County Registry, andas shownplat
dated ant
of survey by C. P. Lewis, RLI, ,
revised December 16, 1988. (As to Parcel 1.)
r

—This is a word processing form to be completed in Microsoft Word***
NC Division of Coastal Management
Major Permit Application Computer Sheet
(02/15/2010)
Applicant:
Fh cm as
Hnildti,Date:
8/8/2013
Project Site County
Staff:
l
District: Elizabeth City Washington
Morehead City ❑Wilmington
Project Name:
Rover File:
SITE DESCRIPTION/PERMIT INFORMATION DCM-MHD CITY
PNA: []Yes Mo
Photos Taken: Yesp NoEl
Setback Required (riparian): Yes No
Critical Habitat: ❑Yes MNo Not Sure
15 foot waiver obtained: ❑Yes No
Hazard Notification Returned:
❑Yes o
SAV: 0Yes No ❑Not Sure
Shell Bottom: ❑Yes PNo El Not Sure
Temporary Impacts: []Yes [ANo
Sandbags: OYes PNo ❑Not Sure
Did the land use classification come from
county LUP: jAYes ❑No
Mitigation equired (optional):
❑Yes [ANo
Moratorium Conditions: ❑Yes PfNo
[]NA
Environmental Assessment Done:
❑Yes [3No ❑NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
Future Water Supply (FWS)
Nutrient Sensitive Waters (NSW)
❑ Swamp Waters (SW)
❑ High Quality Waters (HQ"
Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
(404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
El (SS) Glasswort ( Salicomia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
(SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
❑ (DS) SaR or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
El (JR) Black needlerush (Juncus
0 (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
III(A) Private w/ D&F up to 1 acre; 3490
p III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
El Minor Modification to a CAMA Major
Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer - $100
I(B) Public or commercial w/ D&F to 1
Express Permit - $2000
a re; 3490 can be applied - $400
Major development extension request -
wrzPublic or commercial/no dredge
$100
and/or fill - $400
❑ I. Private no dredge and/or fill - $250
El III(C) Priv. public or Comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
252-808-2808 :: 1-888.4RCOAST :: www.ncco_astalma..na�ement.net revised: 02115/10

HC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
N
Applicant:
Date: 8/8/2013
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
(�
New Work ❑
Replace
Maint ❑
El Y[IN
n
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
_
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
.❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work El
place
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑ ,
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
_
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y [IN
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y [IN
New Work ❑
Replace
Maint ❑
❑ Y [IN
New Work ❑
Replace
Maint ❑
❑ Y [IN
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
revised 02115M0

M
INC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: H IU .
Date:B/8/2013
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft
(Applied for.
Disturbance total
includes any
anticipated
restoration or
tern im cts
FINAL Sq. Ft
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
/p
5llriAcl
Dredge ❑ Fill q Both ❑ Other ❑
r.
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
,RECEIVED
Dredge ❑ Fill ❑ Bah ❑ Other ❑
AUG 12 2013
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808-2808 :: 1.888.4000AST www.necoastaimanagemen4.net revised. 02M 5110

MAJOR PERMIT FEE MATRIX
Applicant: THOMAS G. MMDON, IV; OCEAN COMMERCE PARK ADDITION
Selection
Development
DCM %
DWQ %
4not$25]0
(14300 1601 435100093 1625 6253)
(24300 1602 435100095 2341)
I. Private, non-com
development that d
100% ($250)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
III. For development that
RECEIVED
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
I!A
UG 12 2013
water areas, determine if A.
B, C, or D below applies:
III(A). Private, non-
Fl
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 3490 (See
attached can be applied:
III(B). Public or commercial
❑
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 3490 (See attached)
Ill
can be applied:
III(C). If General Water
❑
Quality Certification No.
$400
60% ($240)
40% ($160)
3490 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
3490 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:

r J
AUG - 1 2013
July 25, 2013
RE: Ocean Commerce Park Addition
Kitty Hawk, Dare County, North Carolina
I authorize Quible & Associates, P.C. to act as agent for the purpose of environmental
permitting, including CAMA, USACE and DWQ permits if necessary. At this time, the subject
properties are owned by William Higham (Ocean Commerce Park, LLC) and Brian McDonald
(Mulehide, LLC). I have included a copy of the existing deeds in the CAMA Major Application
Package along with my contract to purchase the property. Please include me as the permit
holder for this project. When all necessary permits and approvals are in place, the property
transaction will occur.
Signature
Name: Thomas G. Haddon, IV Date Z ZU13
RECEnD
AUG 12 2013
DCM-MHD CITY

IAUG
-1 2013
OASTi
^ , `YEN
July 25, 2013 "
'r
RE: Ocean Commerce Park Addition
Kitty Hawk, Dare County, North Carolina
As current owner of the 10,000 sq.ft. lot at 701 W. Fresh Pond Drive (adjacent to the existing
Ocean Commerce Park) that will be recombined into the Industrial Park, I understand that
Thomas G. HaddX, IV has applied for various State and Local Permits as the contracted buyer
of the property//
Signatur
Name: Brian McDonald Date 2 7or
AUG 12 2013
bCM-Mrmcrry

Director of
Planning and Inspection
GREG LOY
Planner
BRYAN BRIGHTBILL
Code Enforcement Officer
LEE PARTRIDGE
Secretary
NANCY MILLER
Birthplace of
Aviation
THE TOWN OF KILL DEVIL HILLS
NORTH CAROLINA
PLANNING DEPARTMENT
July 25, 2013
Michael W. Strader, Jr., P.E
Quible & Associates, P.C.
8 Juniper Trail
P.O. Drawer 870
Kitty Hawk, NC 27949
Assistant Director of
Planning and Inspection
MEREDITH GUNS
Zoning Administrator
DONNA ELLIOTT
Chief Building Inspector
MATT LOWCHER
Building Inspector
CHRIS JENKINS
is
t !
AUK - 1
"Oi3
Subject: Ocean Commerce Park-2004 South Croatan Highway —LAMA Major Permit Zoning
Consistency Statement
Mr. Strader,
Ocean Commerce Park and the proposed addition at 2004 South Croatan Highway are located within the
Light Industrial One zoning district. Per §153.26(EE) Light Industrial One Zone (LI-1) Permitted Uses,
Warehouse, Industrial Complex is a permitted use at this location. Please do not hesitate to contact me
should you need any further information.
Respectfully,
-Fvq ml/ -
Bryan Brightbill, Planner RECEIVED
AUG 12 2013
nest-M."D CITY
102 Town Hall Drive * PO Box 1719 * Kill Devil Hills, NC 27948 * (252) 449-53t8 * Fax [phone]

Quible
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PIANNNG • SUfNEYING
SINCE 1959
July 25, 2013
Mr. Rob Crawford
Environmental Health Specialist
Dare County Department of Public Health
P.O. Box 1000
Manteo, North Carolina 27954
Re: Ocean Commerce Park Addition — New System
Town of Kill Devil Hills, Dare County, North Carolina
Quible Project No. 13060
Dear Mr. Crawford;
Hawk
:25
:
AUG - ) L-9013 Web:
RECEWED
AUG 12 2013
DCM-b1HD CITY
Please find the enclosed On -Site Wastewater System application package for the Ocean
Commerce Park Addition for your review. There is an existing 36,000 sf building and
associated wastewater system located within the property. The existing wastewater system is
located outside of the 1,200 ft AEC. An additional 14,400 sf building and associated
conventional wastewater system are proposed to be constructed on the rear portion of the
property. The new conventional wastewater system is proposed to be located outside of the
500 ft AEC and less than 480 gpd. A copy of the Site & Utility Plan and Existing Conditions /
Demolition Plan for the additional improvements are enclosed for your reference.
As you may recall, a very similar addition was proposed and approved in 1998. A copy of the
approval letter dated March 11, 1998 is enclosed for your reference. The 1998 proposed and
approved improvements were never constructed. The Town is now requiring an updated
approval from your office. The new system has been sized to accommodate up to 19
employees at 25 gpd per employee.
Please review the enclosed application package and accompanying documentation at your
earliest convenience and provide documentation (Improvement Permit and/or Letter) verifying
acceptance of the proposed new system.
Please do not hesitate to call [phone], or email [e-mail], should you have
any questions and/or concerns.
Sincerely,
Quible & F Ssoaa es, P.C.
Michael W. 8trader, Jr., P.E.
encl.: as stated
cc: File
a3oo

0
Addition/Change of Use Repair of Existing System
New System M ❑ 0 El
FEES: (Residential $125.00 - Commercial $400.00) (Residential $75.00 - Commercial $125) ($25 ) 0-date 711/10
PLEASE ALLOW SEVEN WORKING DAYS TO PROCESS THIS APPLICATION Fee: $ 400
NORTH CAROLINA DEPARTMENT
Dare County Health
Approved Family Housing Incentive Discount 171
OF ENVIRONMENTAL
Department
AND NATURAL RESOURCES
PO Box 1000
TYPE OF ESTABLISHMENT
Division of Environmental Health
Manteo, NC 27954
Check One Below
PIN NUMBER:
Residence: El_
Business:
On -Site Wastewater Section
Please indicate method of receiving response:
989313033265
❑ Mail
No. of Occupants: _
No. of Employees: 19
❑ I=#
PARCEL NUMEER:
© E-Mail _msiredef(n?quble.co_m_�,_4„
029854000
APPLICANT NAME AND ADDRESS:
TYPE OF BUSINESS: Warehouse, Industrial Complex
Quible & Associates, P.C.,
IF RESTAURANT, NUMBER OF SEATS: N/A
P.O. Drawer 870
CURRENT OR PRRPOSED SQUARE FOOTAGE OF RESIDENCE OR BUILDING: 14400
PROPOSED WASTEWATER SYSTEM TYPE: Conventional drainfield
Kitty Hawk, NC 27949
1
APPLICANT PHONE:
CURRENT OR PROPOSE:
CURRENT OR PROPOSE:
[phone]
NUMBER OF BEDROOMS:
SLEEPING CAPACITY: N/A
WATER PLY:
OWNER NAME AND ADDRESS:
Public Private El Well
Ocean Commerce Park, LLC
IF ANY OF THE FOLLOWING ARE LOCATED ON THE PROPERTY, SHOW ON THE PLAT
DESCRIPTION YES NO
6214 Higham Dr.
Alexandria, VA 22310
Is this property subject to approval by other public
agencies (effective 311/2008)
Is or will any other wastewater be discharged other
ElOWNER
91
PHONE: [phone]
(703)
than domestic sewage?
Easements of rights -of -way
LOCATION OF PROPERTY:
Ocean Commerce Park, 2004 S.
Existinalra tewater sys , we ater
so, please circle anc ec )
Croatan Hwy. Kill Devil Hills
Designated wetlands ,
SUBDIVISION;
Ocean Commerce Park Condos
If a REPAIR, please state nature of problem:
LOT, BLOCK, SECT, and PHASE:
N/A
UT2, UT5, UT7, Lot 63 & 64 Sec 2
If a CHANGE OF USE or ADDITION, please state change:
DEED DATE:
DEED BK/PG: 1711/282, 702/269
N/A FYI, proposed system is less than 480 gird and outside of the 500' AEC.
795/614. & MB 3/4
*YOU MUST SUBMIT A PLAT OF YOUR PROPERTY WITH THIS APPLICATION. Please show the location of the
residence or building, water supply, including decks, porches, an any other improvements such as pools, driveways, and other
structures on the plat.
*An Improvement Permit (IP) issued pursuant to this application is not affected by change in ownership provided the site and
wastewater characteristics remain unchanged. An R' issued with a plat is valid without expiration. An IP issued with a site plan
is valid for 60 months.
*The undersigned person hereby agrees that he/she has read this application. It is understood that any permits issued hereafter
are subject to suspension or revocation if the site plans or the intended use change or if information submitted in this application
is falsified or changed. The owner's agent must provide written documentation of representation.
LOT MUST BE CLEARLY MARKED
No. of Attachments:
WITH LOT # and OWNER'S NAME
qWNER ORqnLff T
DATE: /25 /2oi
I•toroffice�nse ealY �, a "77/Lij20t3 - a `or ,, `� t w ?:�

r�I
AUG - 1 2013
I
DARE COUNTY DEPARTMENT OF PUBLIC HEALTH I
ENVIRONMENTAL HEALTH DIVISION
OWNER/AGENT DOCUMENTATION FOR FILE
I,M..k.QS w.skr>ge'S'. agent, have been authorized byac«Nc4�yme P.eF, LLc .Owner,
to act as the responsible party for the application/permit process with the Dare County Department of
Public Health, Environmental Health Division.
"/ 'IT25f2e�3
signature Date
AUG 12 2013
t try

ANNE S. THOMAS
HEALTH DIRECTOR
COUNTY OF DARE
DEPARTMENT OF HEALTH
MANTEO, NORTH CAROLINA 27954
March 11, 1998 R.O. Box 1000
PHONE [phone]
Mr. Joe Anlauf
Quible & Associates
PO Drawer 870
Kitty Hawk, NC 27949
RE: Ocean Commerce Park, Kill Devil Hills
Dear Mr. Anlauf:
This letter is to document our on -site meeting at the aforementioned property on
March 10, 1998. As discussed, the property can support a sewage disposal
system. A long-term acceptance rate of 1.2 gallons per day per square foot will
be allowed.
The soil wetness level was found at 36" below the'ground surface level in most
of the proposed septic area. However;.thece is a small low area that need to be
filled to match the existing elevation of the surrounding area.
The active and repair septic areas must be located at least 500' from the fresh
pond. The retention area must be designed as a vemalpool so as to require
only 26 horizontal setback.
Permits can be obtained after the site work has been approved and a detailed
site plan has been submitted.
Please contact me at 441-2143 if you have any questions.
Sincerely,
Jac
Environmental Health Specialist
JF/wd
LAND OF BEGINNINGS
PRINTEO ON RECYCLED PAPER

Permit Class Permit Number
NEW 92-98
STATE OF NORTH CAROLINA
Department of Environment and Natural Re ources '_
and -
Coastal Resources Commission
Issued to
�ern�it
% for
Major Development in an Area of Environment
J P al Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Ocean Park Commerce Park Center Partnership, 6214 Higham Dr., Franconia, VA 22310
authorizing development in Dare County at adj. Fresh Pond, 2004 S. Croatan Hwy., Kill Devil
Hills as requested in the pennittee's application dated
drawing 1 of 4 dated 3/13/98.
4/20/98 including attached work -plan
This permit, issued on `l— \*A "k`l , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void.
Upland Development
1) The development shall be carried out in strict compliance with the mandatory standards of the North
Carolina Sedimentation Pollution Control Act of 1973, as administered by the N.C. Division of Land
Quality.
2) No new sewers, septic tanks or nitrification fields may be constructed closer than 500 feet from the
edge of Fresh Pond. The authorized 480 GPD septic system shall be located entirely outside of this
500 foot setback. Any future proposal to construct new septic systems within the boundaries of the
project site will require additional review by the Division and a modification +q£ tgNlohmt.
3) No vegetated wetlands may be excavated or filled. AUG 12 2013
(See attached sheet for Additional Conditions) T)rv.NgtmrTTv
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not
covered hereunder requires further Departmental approval.
All work must ce e whhen�ha rmit expires on
Decem ier 3I, 2001
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina
Coastal Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Do na D.Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Petmittee

Ocean Park Commerce Park Part. Permit #92.98
Page 2 of 2
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
4) Stringent erosion and sedimentation control measures shall be utilized during all construction
phases to prohibit sediment or eroded materials from leaving the project site.
5) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain
erosion within thirty days of project completion.
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. The
applicant should contact the Town of Kill Devil Hills, Planning Department, to
determine if such a plan will be required.
Stormwater Management
6) The Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission on 7/8/98 (Permit No. SW7980429). Any violation of
or deviation from the plan approved by the DWQ will be considered a violation of this CAMA
permit.
General
NOTE: The N.C. Division of Water quality has assigned the proposed project DWQ Project No.
980471.