SW7041014_HISTORICAL FILE_20070323

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW��LL/O`_ _
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
DOC DATE
o2�V%/2??a� _
YYYYMMDD
J

i K-T
417-A BROAD ST.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
Certified Mail Receipt No
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS +�
MARINE SURVEYORS
BUSINESS : 252-637-4702
FAX: [phone]
ollicer2lroberlmc hilespe.com
March 22, 2007 �irn � eCkola t chiles e,com
�� pp V16
7005 1 160 0004 9282 7088
Mr, Al Hodge, Regional Supervisor
NCDENR, DWQ
943 Washington Square Mall
Washington, N. C. 27889
Re: Stormwater Permit No. SW7041014
MAR 2 3 2007
DWQ-WAF?o
Enclosures: (1 ) NCDENR, Surface Water Protection Section, Coastal Siormwater Permit
Name/Ownership Change Form
(2) Copy of Deed, Craven County Register of Deeds Book 2267, Page 415
(3) Copy of Declaration of Restrict iv_ e Covenants, Craven County Register of Deeds
Book 2267, Page 393-�`�..._
(4) Copy, Executed'Designer's'Certif`icate
(5) Executed Mainfena�ce Responsibility Statement
Dear Mr. Hodge: �.
On behalf of our client,'.Alcoke Holdings, LLC, we present the enclosed information for your review
and approval with respect to -a change of ownership for Stormwater.Permit No. SW7041014.
_. I
Enclosure 1 provides -the -change of,ow n'ership.forms for-fhe- project. --_2
Ownership has changed from Alcoke Holdings, LLC to Jimmies Creek Commercial Park POA, INC.
This change is reflected in` the deed provided as enclosure:2. r 1
A declaration of restrictive covenants was executed by'th`e POA; and a copy is provided as
enclosure 3. i
Enclosure 4 provides an executed d8ignerls certificate fok.the'stormwaier system.
The responsible party statement for -'maintenance of.the siormwater management system is
revised to indicate Jimmies Creek Commercial Park POA, INC is the responsible party. An executed copy
of that statement is provided as enclosure 5.
There are no maintenance records being submitted with this ownership change. The siormwater
management system is in operation for sIlightly over one year and only landscaping maintenance has
been required to date.
Should you require additional information or have any questions, please contact us your
convenience.
Very truly yours,
ROBERT M. CHILES, P.E.
Michael L. Rice, P.E.
cc: Mr. Joe Alcoke
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL. INDUSTRIAL, MARINE, AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE

OF W A TF9
Michael F. Easley, Governor
0�QG
�
William G, Ross Jr., Secretary
�
North Carolina Department of Environment and Natural Resources
r
Alan W. Klimek, P.E. Director
Division of Water Quality
SURFACE WATER PROTECTION SECTION
COASTAL STORMWATER PERMIT NAMEIOWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: -�Jwt ?v41o14
2, Permit Holder's name: k�_CQKE LL Q--
3. Signing official's name: qoE A e-QKE Title: N\&,&v5Ea,
(person legally responsible for perm8)
4. Mailing address: / 3+ 5 3.. ULEW i5uj [Q i E 'Rl) jU I C- Z'D City: ^kv4 i3Cizlj
9T2
State: NcL ZipCode: zu5_(oo Phone:_ t-367.loo FAX:
(Area Code and Number) (Area Code and Number)
II. NEW OWNER 1 PROJECT 1 ADDRESS INFORMATION
1. This request is for: (please check all that apply)
k a. Change in ownership of the.;property!company (Please complete Items #2,
#3, and #4 below)
b. Name change of project (Please complete Item #5 below)
c. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: OKEZA lArrw�cRctP�-�Pc t�C7A� IAJC_
3. New owner's signing official's name and title: Jae A L _oKL
?P-CJ 1 pu j,►T
(Title)
4. New Mailing'Address:._1315 C 1:w W 9zPJ
,$V%a 20.
State: 4c- Zip Code: !MS(oc) Phont;�,.�,3tQ?.eQcD F_A{:�.� .. _
(Area o ode and Number) (Area CodeVand Number)
5. New Project Name to be placed on permit. -
Page 1 of 2
North Carolina Division of Water Quality Internet: nz„�.ne«aternuaiingrz One
943 Washington Square Mall Phonc(252)946-6481 NorthCarolina
Washington, NC 27989 Fax {252) 946-9215 ;Vat call

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WAFER
QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:
I, �oe A,cok attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. i
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as in mple#e.
Signature: Date:. t' U
New Applie s Certification: (Must be completed for all transfers of ownership)
1, �Oe. A'LcokF , attest that this application for an ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as in omplete.
Signature:b Date:3/6 IV
THE CO LETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING_
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS;
North Carolina Department of Environment and Natural Resources
Division of Water Quality, SWP
943 Washinton Square Mall
Washington, NC 27889
Page 2 of 2

01-02-2007 11:22am From -WARD & SMITH -NEW BERN
(Pagm i o£ G)
2526725477 T-25i F.002/026 F-422
r�
o p,
a- a
d c
s
v �
DEED
czl:moo n of t3- 11-1008
Revenue Srpmps: $f106-1-�
STATE OF NORTH C 1 INA,
COUNTY OF CRAVE
THIS DFZI)-'s - ttlade `d crate`
2005, by and between ALCOKTr Ql_.OINGS
J04M&S CREEK COMMERCIAL PAgy, P
Glenburrtie Road, Suite 20, New firm, NC
WITN
Craver! K - 0a{is d Stav
Becky Tkwsan, Roister of Deals
Date 01,118/2005 Tait 16:07:01 1 of 5 Fas
?o• -001182N
sock 2267 ?1W 415
FFe rttt ; 29.00
bc15e Tax• V46.00
The 17th day of January
tnafter party of the first part; ad
av t; an address of 1315 South
1=0
Thal the party of the firer part in conai<}e _j of T,er lea Na
($10.00) and in consideration of odwx good and valuable c sidci ku-' As°ai`- 3'
first part by the party of the second part, the receipt and suffieien7rhe
hieh
acknowledged, has granted, bargained, sold and conveyed and by
bargain, sell and convey unto the party of the second pan, said party's su"
subject to the easements and other matters hereirraflrr set fords, the following
to wil:
Prepared by WAF-P ANn SrKt m P.A., 1001 College Court, PO Box 867,
New Bern, NC 28563-0867
Please wAurn to WAttn ANQ SmrrK '.A., 1001 College Court, PO Box 867.
New 8crn, NC 28563-0867
Attention: Clifford P. Parson
party of the
Lam
No opinion on title is rendered by WARD^xDSam-4P.A., without a separate written opinion on
title fratn WARD AND Srarrlt. PA.
^ Book:_:67,Yage:aLS

, 01-02-2007 11.23ail From-WAPD & SMITH -NEW BERN 2526725477 T-251 P.003/028 F-422
(i,A4e 2 er 6)
pare 01/10/2M Tice 16:07:O1 2 a b Fss
V. 2Q0;-00114201
2267 F,,-* 416
certain tract or parcel of laud lying and being situate in
8 Township, Craven County, North Carolina, and being
rticularly described as follows:
Be)zig 1 oil Parcel B-4 as sane is shown and delineated on a trap
gf.gtr ie�Creek Cornmetrial Park, said map being recorded in
at Cab _, Slide I'l it in the office of the
Dee7af aver County, reference to said map being
hereby fa, r a (W // pQrfe�ct ption of said property.
This cgnvey.Ma subj
Conditions, Resiri 'fus F me of
Commercial Park r rd in 1 la
the office of the Regis s of V
('Declaration").
This conveyance is trade together ' and
provisions of a Cross Easement and k4 2nt4
rocoided in Book JQUI , Page Mg-
egister of Deeds of Craven County.
l=tion of Covenants,
immies Creek
f--F-4ge -i 4.� in
The patty of the first part for itself and its succes r sand asggna
reserves the right to go upon dw property hereby con purpose of constructing a stormwater retention pond,pipes, lines, sntwales and cquiprwmt attendathereto, to5r4u,
Parcels 8-1, B-2 aad 8-3 as shown ana drUneawd an the
aforesaid rnup. The parry of the first part for itself atul its
successors and assigns msetves over the ymperty bereby
conveyed all easements and tights of way necessary from time to
rune to eater upon such property and to construct a stormwater
retention pond of such size and with such characteristics as
determined by the party of the first part, its successors and
assigns, in its reasonable discretion.
As provided in the Declaration, the property hereby conveyed is
subject to the rights of the owners of Parcels 8-1. 8-2 and B-3 as . /
shown and delineated on the aforesaid mop to discharge the
2
B�ok:2267.P-go:4.5

01-02-2007 11:23am
u�5ra � k�l ai
r
From -WARD & SMIT0EW BERM
on
2526i2547i T-251 P.004/028 F-422
Gate OU18170D5 %* 16:47:01 3 of 6 P35
Ra; M-0411820;
aoa 2267 Pase 417
er runoff from said Parcels into such swrmwater
pond in accordance with the provisions of the
3n. BY ae7Cr'nrance ttare�►f_ rS�r narsv of the• cr�nn
—`qWt in the Declaration, the of the secs
S09"sors assi s shall c w m e
sn roes, s, equipment and swales necesaM for
corTWFitr use tly4o y owtnets of Partxls l-1. B 2 -3
an tr . s rs as�t,�tts, an parry of the
;ecnnd he y ispanted rnent ovar Parcels 11-1, B-2
and B-3 for rpo�s of trig; repairing and replaci g
the fines, pipes, cgtc pmenr a am tuuag the
stormwater Manager nt facill es (as, t��ihr Declaration)
which arc located (in sucttRarrcls.
V
This conveyance is made toge�r�ur .the bens of that thirty
(30) foal drainage easernzent extend g fro fleri
boundary of Parcc113-4 as shown on tiacsaid� a
that map recorded in Plat Cabins G. Slidee d
in that deed mcorded in Book 1546, Page 63 in _� /r�
Register of Deeds of Craven County.
This conveyance is ttradz subject to eascmenis of record o
ground, restrictive covcnaurs of record, including the Dec�t,
and ad valorem taxes for the current ycur, which taxes the part' -
of the second part, by accepting this d d, ag=s to pay_
TO HAVE AND TO HOLD said property and all privileges and appurs!�. a�nces
4
thereunto belonging to the party of the second part, said partys successors and assigns, forever.
And the party of the first part covenants that said party is seized of said property
in fee and has the tight to convey sarne in fee simple; that the same is free from encumbrdnces
except any encumbrwnces or restrictions n=doned above and that said party will warranty and
defend the title to the same against the lawful claims of all persons whomsoever.
3
boot:22d7,Page;415

01-02-2007 11;24am From -WARD 4 SMITH -NEW BERN
(Page a _f 6)
252672547T T-251 P.005/028 F-422
4
Cste 01118/1005 Tice lb:G7:01 4 0f p Fps
{]Llt 2267 Nw 418
A�ak:'2267,Page. 445

fll-fl2-2007 11:24am From -WARD I SMITH -NEW BERN
jP,agc 5 cf 6y
2526725477 T-251 P 006/028 F-422
ST�fU OF XOF.TUCAR01- NA
Jgte 01/18/2QD5 Tine 16;07:41 : aE 5 �w
No, 20a-00118204
Book 2267 Page 419
Co TY F RAVEN
.i borah A. TTavi5 _ _ 4 Notary Public in
and far sai�Count a d SS "do hereby oerlify that JOE L. ALCOKE before me this day
personally a ho Ting by rue first duly sworn, says that he is a nuwgerof ALCOKE
HOLDINGS the '' rA-Tabiky cotnTany describe4 in and which executed the foregoing
insuutneot; tbat he e+; a ad sar nt in the lituited liability company tv4= by
subscribing his namr the to; n tltat e n� nt is ate act and deed of said Jimi[ed liability
company. t
WITNESS my
My Commission Expires:
10/22/2009
0 :
Notary seal or suamp mast »ppesr within this box.
5
17eh day of January 2005_
Public
-- ssgn:n,s

01-02-2007 11;44am From-WAPD AND SMITHPA-3000, NB
ge 6 of 6)
252 672 5477 T-430 P.007/029 F-024
STATE OF NOF-€X CAROLINA
CO TY�FZER VEN
Gate WIM2005 Time P9s
No. 2005-011820§
a,ok 2267 p13 420
be foku g certificate of .�C�(ld�`tll tc� �/ 4JY /T/GO ,a
Notary 1?u ie of ona and State, is Certified to be correct This instrument was presented
for registrant t r s y an hour and duly recorded iu the office of the Register of Deeds of
Craven Coanty, orth aa, o k " , Page —5�L.
This the of , 2005, at /0127 o'clock
„ > `,,�stcr of Deeds
N8MA1W 13958%1 /
j/
co
0
Book :2267,Pagc:d:

.01-02-2007 11:25am
22)
From -WARD & SMITH -NEW BERN
2526725477 T-251 F.007/02B F-422
1'
:riven K - Dv Gent sties
n Thar%n. �a9lster cf Dee.,:
a OU 04t1 0111E ?M5 Tim I6:05i31 i of 22 Pgs
a 00: 201+-00I�103
1* 226f n't 393
.� fee Rat - 77.00
Exc1Se Tax: .00
COVENANTS, CONDMONS, RESTRICTIONS AND EASEMENTS
AND EASEMI=N1`S
the 11ri- day 4i dams
ALL PROSPECTIVE PU I
and B-4 as sbown and depicted -en -
COMMERCIAL PARK" rccon#ed
Register of Deeds of Craven Count
OF
CREEK COMMERCIAL PARK
OF COVENANTS, CONDITIONS, RESTRICTIONS
ECK COMMERCIAL PARK made and entered into as of
�5 /by_ between ALCOK.E HOLDINGS, LLC; and
o s of the traces depicted as B-1. B-2, S-3
t enu �T�rtta}��1an for JIMMIES CREEK
lar C , lids _f_3 R jutbeofficcofthe
W ITXES
WHEREAS, Akake Holdings, LLC rei ter calle3 eclrsrant"} is the owner
of the aforesaid maces, and, in order m create unifo fonv fi in of said
tracts. Declarant hereby declares that Tracts 13-1, E-2 and B-� w, p� are
desigrusted as •'Parcels" and tract B-} as depicted on the Plat i r r "C Area" or
"Cornrrron Areas." Parcels and Common Areas are hereafter mor call 4
0
and
restricted- \ \
WHEREAS, Declaratt intends by the =ordation of this Dw"p to
the rules, regulations, restrictions, covenants, conditions, reservations, cxcepuons, and
contained herein thereinafter sometimes called "Restrictions") on the land dcpic
aforesaid trap to the end that the Parcels and Cammoa Areas defined herein shall be b
to said Restrictions_
NOW, THEREFOR.F. Declarant hereby does declare that the Restrictions
contained herein shall run with the property defined herein as Parcels and Common AreaS; shall
be a burden an and a benefit to such property; shall be binding on all parties {raving or acquiring
any right, title, or interest in the property or any part thereof; and shall inure to the benefit of
each Owner of any part thereof
book:3269,page:353

. 01-02-2007 11:262m
;gage 2 � 22)
From -WARD & SMITH -NEW BERN
2526725477 T-251 P.008/028 F-422
"ate 03-1212005 Tice 16:05;11 2 of 2' 109s
No: 20CE-Ml IVO
those casemnis grantr4, conveyed, reserved anti retained in Anicle d hereof.
(4) "Corporation" means Jimmies Creek Commerceai Park POA, inc., its
successors and assigns.
(5) "Declarant" means Alcoke Holdings, L L-C.
2
Book:2267,Pag,::393

•01-02-2007 11:26am From -WARD & SMITH -NEW 6ERN
(Page 3 of 22)
2526725477 T-251 P.009/028 F-422
fl
Plat not
this Dec
1hte 01/1612003 Tice 161-p"JO1 3 of ?2 E35
ter ?Q(f�-iKfl�38;Q3 7
Book Lc61}Pane ,395
"Building" means a structure located on a Parcel built in accordance with
iris Declaration.
(g) -"jo
simple title to any Parcel.
merely as security for the
means a separately numbemd tract of land shown on the aforc:iAid
shown on the Plat. Tract Br-4 is not a "Parcel" for the purposes of
are numbered B-1, B-2 attd R-I
(9) "Person" or
corporation, partnership or any ot)
(10) "Subdivision" mean
Common Areas -
Owner, whethrr one or martr persons, of fee
t�, but excluding those having such interest
viduaL group of individuals,
401bination thereof.
herein es Parcels and
(11) "Board of Directors" means jbef, c�e�t�tivt D' of Jimmies
Creek CamtneXial Part: POA, IWt (�
(12.) "Declaration" UW.WZ this Declaration ;an n is ereto.
(13)-Stotmwater Management Facilities, means all n s of
and swales which are constructed pursuant to, and regulated by, the Permit hertaftcr J
defined.
(14) "Plat" metans that plat entitled "Final Plan for JIMM185 C"
COMMERCIAL PARK" recorded is Plat Cabinrt _ ,d . Slide �3 � , in thr
Register of Deeds of Craven County, North Carolina.
(15) "Percent" meats North Carolina Stormwa= Management PcrrM
SW_UtQ1!4 and the Storntwater Management flans required by the City of New Bern and
the grate of North Carolina and prelaarnd by Robert M. Chiles, P.E., each dated December 13,
2004,
3
Soot: 267,Paq,�:393

.01-02-2007 11:27am
(3ax d of 22)
� f
I
From -WARD & SMITH -NEW BERN
2526725477 T-261 P 010/028 F-422
Date 6111V2005 Tire 15:X-31 4 of 22 fts
NO: 2MIA012M
Book 2267 Page 396
Other records of the Corporarias shall be made masonabiy available for examination by any
P=cl Owner and such parcel Owner's authorixrd agents. For this purpose, the books and
records of the Corporation shall be available for inspection by The Owners and twir agents and
attorneys pursuanr to the terms and conditions of Anicle 16 of the North Carolina Nonprofit
Corporation Aci.
Aoc*.-22E7,PAge.333

. 01-02-2007 11:28am From -WARD & SMOH-NEW BERN
page 5 of 22)
2526725477 T-251 P.011/028 F-422
Rate OVIV2005 Tim 16:05.11 a of _ F9s
v 2OC-NI1$703
Book 2267 Page 397
(s) All amatsnrS cledafCd W tX trattimuruty hxpectscs in theac RcsMCIftORS.
(4) All taxes and special assessmcnts which may be ievicd from tittle to that
by any Sovemmutal authority upon the Common Areas in the Subdivision.
5
Bo k:2267,poga:293

01-02-2007 11:28am From -WARD & SMiTH-NEW BERN 2526725477 T-251 P.012/028 F-422
(2age 5 c! 22)
ate 01/19120D5 Tim 10*05- 1 6 of ?? Sys
M 1 2005-001IBM
Gaak 2267 Page 398
the Common Areas, including a reasonable allowance for coadagencics and resrtves. Tbc
budget shall take into account any projected or anticipated income. The Board of Directors shall
keep separate, in arcorclance with Paragraph 2(8) hereof, items relating to the daily operation,
management and maintenancr of the Corporation and the Cwnmon Areas from items relating to
capital improvements. The AAnual Budget shall be divided by the numbes three (3) and the
quotient shall be the annual general asscssmcae for arch P=cl for the succeeding fiscal year.
The annual general assessment for each Parcel shall [lien be divided by twelve (12) to determine
the monthly general assessment for each Parcel, subject to such limitations artrl restrictions, set
0
Back-226Y,PagG:89.

01-02-2007 11:29am From -WARD 8 SMITH -NEW BERN 252672UTT T-251 P-013/028 F-422
(Page 7 of 22)
bite 01l18/2%5 Tine 16;4;31 ", of 222 fss
No; 2005-Q 1$203
134ok 2267 Paw 399
;f e�in. ption of such Annual Budget by the Board of DirccMrs, copies of said
�3ud et an c sscssmeats as provided hetrern based upon such Budget shall be delivered to
raC-h �ficovewxthe non -delivery of a copy of said Budget to each O�vncr shad not affect
the ,ability of y Ougw- for such assessrnear.
/(B) The Board of Dirocmors, in establishing the Annual Budget for the
Corporation Common Areas,
operation, mans nt 4-mdi�r of the and the shall
designate therein a to ca daand maintained as a reserve fund for tht pcnodic
merit o
maintensince, repair r pl m
�rr�la
c
cal i rovements to the Cornam Ares, which
_, es
capital irnproven1ent and efncot
-
(" i
Improvement Fund") shall be for the
purpose of enabling the Co o -ntalL,
replace structural elements and
mechanical couipment constituting a Part of 4w
, as well as the replacerent of
personal property which may consil C a t
of th o i Areas held for the joint use and
benefit of the 0wacrs. The amount to
th 41 proveuiea[ Fund may be
established by rite Board of Directors so as toll
and n in a such reasonably necessary w
anticipate the need for repair, maintenance
t o capital improvements to the,
Common Areas. The amount collected for the Capi
Intgfavg=nt . shall be maintained in
a separate account by the Corpomfon and such nwrn vsp&PN forge�
maintenance, repair and replacement of Capital Improvemen to {tie a IP e - Any
inm mst earned on monies in the Capital lmproverncnt Fund . tti d' retr of the Board
of Directors, be expended for daily operation, m=zgernent and mass mariee a the Corporatiot
and Common Areas. ` r
(C) All monies collected by the corporation shall u as
separate property of the Corporation and such monies may be applied by the ranr4i��Yla
to
payment of any expense of operating and man4gjag the Cotporatiori, or the png,
of all acts and duties unposed upon it by virtue of this Declaration, the Articl
except that mnaics placed in the Capital Improvement Fund shall be used only for the s 'fi
purposes of said fund. As Monies for any assessment are paid into the Corpomuon by any
Owner, the sarue may be commingled with uwnies paid to tic Corporation by the other Owners.
Although all funds, including other assets of the Corporation, and any increments thewo or
profits derived therefrom or from the leasing or use of Common Areas, shall be held for the
benefit of the members of the Corporation, no rnember of the Corporation shall have the right m
assign, hypothecate, pledge or in arty manner iranster said Owner's membership interest therein,
except as an appurtenance of said Owners Parcel. When the Owner of a Petrel &hail cease to be
a member of the Corporation by reascm of the uansfer of ownership of said Owner's Parcel, by .
aook:2767.Pagc:393

.01-02-2007 1110am From -WARD & SMITH -NEW BERN
2526725477 i-251 P-0R/026 F-422
(Page B of 22)
Mre Olr1812%1 Sire 14 501 8 of 2Z Pss
ha; 24Q5-OC1 WO
m* 2267 rim 400
h� Corporation shall not be required to account to birch Owner for any share of
of the Corpmlion, including any monies which the Owner may have paid to
gmll.ponjcs which any Owner has paid to the Corporation shall be and
of thaCorporadon which may be used in Lhe operation and management of the
Z3r W ut�tt Qf $try meeting Bailed for the purpose of t;ing any action
authorized under P & (2) cle shah be sent to all Owners as set forth in the
flylaws. The presence o Ow or O prgxi s itled to cast rwo-thirds (2j3) of all the votes
shall coastitute a quorum. /� ,
(4) General and fpeciai�n��Jta3�{�except as otherwise provided
herein, be fixed at a uniform rare formal P , els.
(5) The monthly generals ' ss ' nts rovt far herein shall comtneacc as
to all Parcels on the first day of the calendar m fo win conveyance of the Comma
Areas to the Corporation_ The monthly general arse a s le monthly, with the
due date for such payments being as eStablishact by of to : '� ' yment of any
assessment or installtnen[ thereof shall be in default if Such ses r o is not paid
co the Corporation within ten (10) days of the due date for pa nr. wheTin default, the
delinquent assessment shall hear interest at the rate of ten per= per annitra until such
delirtyru•nt assessment and Al! interest due [hereon has been paid in f 1. �� ��
(6) The monthly general assessments levied by the Co tc hall used
exclusively to improve, maintain, repair and replace the Cartimm Areas, to FxPear of
tJte Curp=r ion, to pay the cosy of mowing an4 Iighting the Common Areas, t4 p#Wt of ,
any insur4nce the Corporation is requia d to maintain or the Corporariort determines'rchoe,
noel to promote the mcreati n, health, safety and welfare of the members. Taxes, W=7
insurance, and maintenance of Baildings and Parcels shalt nor. be a purpose of said assessanetITS-
but rather, shall be an individual cost w be borne by each Pamcl Owner.
(7) The Corporation shall, upon dmsand, and for a reasonable charge. furnish
a certif<caw signed by an officer of the Corporal ou setting forth whether the assessments on a
specified Pared have born paiclL A property executed certificate of the Corporation its to the
status of assessments on a Parcel is binding upon the Corporation as of the date of its issua=.
aook_2267,page:393

•01-02-2007 11.31am From -WARD & SMITH -NEW BERN 2526725477 T-251 P 015J028 F-422
fBayo g cf 22�
Owner 1
thereof,
WE OUIV-7005 f1*
It: ,065-00118?03
wk 2267 Pace 401
The lien of the assessment provided far herein shall be subordinate to the
age. Sale or transfer of any Parcel "I not affect the assessment lien.
�aster of any Patel pursuant to foreclosure of a fast mortgage or any
t 4ir,,shail extinguish the Iien of uwh as ssrnrnts as to payments which
t�h se to transfer. No sale or transfer shall relieve such Parcel or the
abil7saen-al
essments thereafter becortung due or from the lien
0 C17
Lfw—M,
(1) Specw assess nts#Ay lev Parcels for such reasons as arc
provided in these Restrictions, the Antic Byl eh terms as provided by the
Board of Directors and the owners. Upon it o-t " ds ( } v of the Board of Aurcctors and a
two-thirds (2/3) vote of the Owners who are vu mon by proxy at a meetingduly
called for this purpose, the Corporation may levy as impo a ssrncnts. The purposes
for which special assessments may be levied include, t M;, p{a" ing funds to
pay Community ]expenses which exceed the general arse nt f pay same
(specifically including the wst of any consttuctioa, rrcQns ion epa�rr or lacetnen[ of a
capital irnproventent upon the Conumn Areas, including frxtur na]�r _ ty related
thereto) and providing a contingency fund for capital improvea=ts ex nses.
Furthenuorc, special assessments may be assessed against specific Farce ��t of
limited to special assessracats against a specific Parcel for any costs incu by T§i C n
as a resuit of the Stormwater Martagement Facilities being datttaged by the act err negli t
failure to tact of the Owner of said Painel or by failure of the Owner to comply wi
provisions of the Permit with respect to the "mr-muxe of the Swnnwamr Nana t
Facilities,
(2) Special assessments, together with interest, Costs and masonable attorneys'
fees, shall be a charge and lien on the land and, subject to the provisions of Article E,
Paragraph (8) hereof, shall be a contiauing lien upon the property against which each such
special assessment is madc.. Furtherttrote, each such special assessment, together with int aml,
costs, and reasonable attotncys' fees, shall he the personal obligation of the person who was the
owner of the Parcel at the tirnc when for special assessment fell due. The personal obligation for
delinquent special assessments shall not pass to a successor in title to a Parcel unless expressly
4
4 of T-4 P15
aaoY_2261,Pagc:353

.01-02-2007 11:31am From -WARD & SMITH -NEW BERN
(Page 10 a! 221
2526725477 T-251 P.016/028 F-422
4ite 11U18/2005 Tine 1e:Ovt3t 10 of 'M Rgs
Not 2005-OO1lBP03
ao* 2267 ear 402
ass by Wit, subject to the provisions of this Declaration, dclingmat special
rise eo continue to be a lien upon such Parcel. Wrimm notice of any meeting of the
leF
r urpose of levying and imposing special assessments shall be sent to ail
OwtsaaC}han [ (30) days, oar more than sixty {60} clays in advance of the meeting.
At Lhv. xt mp sets of Owners entitled to cast two-thirds (2J3) of all the vocGs shall
constitute a cruortt& / j
G.
0
' fodAs�
Any genera! or ;pee dssess� pal
such assessment is due, together wit in st pf i
collection, court casts, and reasonable am, fees s 1 i
upon which such asscssm=[ is levied The
Officc of the Clerk of Superior Court of Crave Cr
delinquent assessments and charges. The Cargntray
action at law against the Owner personally obligated "A
foroelose the lien against the Property. No Owner may war
the assessments provided for herein.
K.
within ten (10) drays after the date
rpercent (10`&) per anntun, costs of
ttte a lien against the Parcel
r�d noti x of the wine in the
file a suit to collect such
le,No"f Lis Pen&ns, bring as
le sawA anA rittgaa action to
or
a
In the case of failure of an Owner to comply with the te_rxtts and provision
contained in these Restrictions, the Articles or i3ylaws of tpe Corporation or the Permit
following relief shall be available:
for
(1) An aggrieved Owner or Owners within the Subdivision or any Owner on
behalf of all the Owners within the Subdivision. the 13eclarant, the Corporation, the State of
North Cutolina, and the City of New Bem shall have the right m bring an action and recover
sums due, damages, injunctive relief, arWor such other and further relief as may be just and
appropriate.
to
ricsok::267 , Pag&: 383

01-02-2007 11:32am From -WARD & SMITH -NEW BERN 2526725477 T-251 P.01T1028 F-422
tDa9a 11 of 22S
Date 61JIV2005 Tine 1At45t l It of 22 F95
NO; 2005-0II 03
Book 2267 lase 403
eta such acuon may occur unless persons cnuuea to cast at ieast rwo-uur4s (wi) of the votes to
the Corporation agree in recorded writing to that action.
(3) Any Owner may delegate, in accordance with the Bylaws, said Owner's
right of enjoyment to the Common Areas and facilities to w ►aats.
(4) l ameuterus for the installation and maintenance of wilitics and drainage
facilities = shown on the Plat along the common Parcel line of Parcels B- I and B-2, along the
II
S001[2297,Pagc;39S

.01-02-2007 11:33am From -WARD &.SMIT4-NEW BERN 2525725477 T-251 P.018/028 F-422
(Paic 12 bf 22)
TO
Channels in' e e "
Channels in the e
municipality or otR4
drainage easements
Me 01111012005 Titae 16: :31 12 of 22 bas
sb.-V"118203
look 2267 Paw 404
boundaries of Parcel 13-3, and along the southern boundary of tract B-4,
on Areas and the stormwater retention pond to be constructed on the
;rat as otherwise provided hctzin, no suucwm. planting, or other rnarerial
to remain within these egsenwrits which may irimrfcm with the
,an of utilities, which may change the direction of flow of drainage
atnts, r which may obstruct or retard the flow of water Mrougb drainage
Rent T t specifically reserves the right to grant to any public utility,
Zmperty oar 'milar Iron -exclusive easel=t rights in said utility and
howtt on ciai � ry herein.
(5) Drclat-rtt x"ctvO the
contract with the City of New 'ern fility
for electricity and lighting to the C n Arc
underground electric cables. which conuaet7cafllt
y
monthly payments to the City of New Bern
public utility by the Owner of eaeb Parcel. S
Common Areas), including both initial and canti
cost to be borne by each individual Parcel Owner
n
t the Pa=15 in the Subdivision to a
cnr- r y other public uWiry or municipality
and a J lading the I stallation of
req i trial yrnent and/or continuing
y 0 any other municipality or
ucl c (ex tng expense relating to the
u' g moo a ts, shall be an individual
- lu ,}a 71�assessmerim
(6) The Declarant reserves ft tight to sub t ( o on and Parcels
in the Subdivision to a contract with the City of New 8cm Utility Dell eat other
public utility or municipality for street lights for the Cornn7on Areas ave,
d alcg�
which contract may require an initial payment and/or continuing mo, tl Cit
New Bern Utility Depamnent or any other public utility or municipality. S h c Xas i
included in the general assessments_
(7) Each Owner of any Parcel within rlte Subdivision, as arc appu ance t
such Parcel, shall have and is hereby conveyed a prtPctual, non-exclusive right of way
easettrent for the purposes of ingress, egress, regress and the installation and maintenance of
utilities To and from said Parcel over, through and across Honda Drive shown on the Flat to and
from U.S. Highway No. 17 and to and from 3immie's Creek Drive.
(8) The Subdivision is subject to that Cross Easemnt and Maintenance
Agreement dated December 17 , 2004 (hereafter reftmed to as "Cross Easement
Agreement") by and between Declarant and CCBC of Wilmington, Inc., recorded in
Book; ,242 pa , Page s39L in the office of The Registrr of Deeds of Craven County and the
12
aaak-2267,PaV393

.01-02-200T 11:34am From -WARD & SMITH -NEW BERN 252ST25477 T-251 P.019/02B F-422
(pag© 13 'of 22)
4te 01/1WO05 Tine 14t05t31 13 of r; Psi
ga::005-Q01182i73
2267 Page 445
Ow 'r� Famil shall take title to such parcel together with and subject to the rights and
�pl� uon� forth in the Cron; F.aserra'ni Agreement.
\ Ua Owner of each Pamel. by acceptance of a deed tbrmw. and the
Cotpomno by a ce f a deed for the Common Areas, grants to the Declarant, its
suoMssors , an -larant hereby reserves and retains, perpetual non-exclusive
general access utility ooaged over, along and dumrgh the streets and roads, utility
litres, water litres ge ii pr no existing, shown on the Plat or hereafter consttuctxd.
In its sole, unfettered a , way,rg �ttt similar non atcrlusive easctncnt rights to
various parties as it dee>� k•
(10) A perpetual asemea13
Corporation, and their respective sudwsso as i$ns +
Commwn Areas and Parcels to go upon
compliance with the Permit and to maintain, epair rep
necessary to insure compliance with rite Perak 1q
devices and Stormwater Management Facilities nocqsary
In the event the Corporation is requited to go upon a
maintain or repair the ditches and swalcs located on such 1
Corporation may assess the Parcel Owner the cost of such
asscssrttent.
of Declamat and the
es, over, under aatd upon the
Parcel to inspect for
)nstruct ditches and devices
ace need construct ditches,
-e compliance with the Permit.
per to
'ermit, chc
a special
(11) The Corporation hereby is gmaremd and conve au e
and upon each Prtrcel for the purpose of access to and inspection, m ain ,rep '
replacement of all Storrnwaoer Management Facilities, including alI pipes, s alendptz
and too enforce a]I rcquireawnts of the Permit. /
K.
S once
(1) The Corporation may purchase and rnatnrain a cornpzhcnsive general
liability insurance policy covering all Common Areas, public ways and any other areas that are
under its supervision and all insurance required by the Bylaws. The liability insurance shall
insure against liability to the public or to other Owners, their tenants. guests or invitees. relating
in any way to the ownership, operation, maintenance and/or use of the Common Areas and any
prat thereof, and any other areas under the Corporation's supervision including public ways. if
13
9oGk:«267,Page:693

01-02-200I 11:34am
(Page id 'of 22)
From -WARD & SM#T4-NEW BERN
2526725477 T-251 P.020/028 F-422
The
�in-
policy
Corporation.
ten (10) days
Nte 01/01205 Tice 16:45:31 14 of 2' Ns
tlu:..'4a5-GO11B263
Book. 2267 14w 446
ises any such public ways. Such insurance policy shalt contain a
t endorsement" or egwivalent cover4ge which precludes the insurer from
Owner because of the negligent acts of the Co"mtion or otter Owners.
at kart Oae Million Dollars (s1,Q4Q,QQQ) cavexing all claim for
pro y damage arising out of a single occurrence. Coverage under this
;al li ility arising out of losses related to employrneat contracts of the
-y "m the insurer to notify in writing the Corporation at lease
u}sutarr or substantially changes ttte coverage_
(2) It is`t w �c"spons- ' by Owner to purchase and maintain hazard and
liability insurance on such Ovvnec's 1 if s ch Parcel Owner
coons o Use and 0cco c d Ob�,4!a-6ins of woe
(1) Setbacks shall be as shown ottthe
(2) No ;rash, ashes, garbage, or other re led or toga or
accumulated out the exterior of any Building.
(3) All outdoor recepwIcs located on a Parcel fo hes, t u ' or
garbage shall be installed underground, screened or so placed and kept n fa bey Iibl to
occupants of outer PUCCiS. 0
(4) No noxious or offensive activity shall be conducted upon ;ilv d c nor
shall anything be done thereon which may be or may become an anaoywux ur nui [o the
neighborhood.
(5) Once coastrttction of improvzments is started an any Parcel.
improvermnTs trust be substantially completed within a reasonable circle after commencement.
(b) No Building shall be occupied until the same has been substantially
completed and a Certificate of 6--cupancy has been issued by tte appropriate govern itental
authority.
14
9ook:�267,pcgc:34's

O1-D2-2QQ7 1I15am From -WARD 8, SMITH -NEW BERN
fra3a is 'of .:t
2526725477 T-251 P.O21/028 F-422
Date OIJI912005 Tice 15:4:31 15 of 22 fps
&Q� 2267 hw 407
All structures consaucxed or placid on any Parcel shall be built of
materials and no used sume lue or materials shall be moved, relocated, or
(8uetnra8e tanks shall be buried below the surface of the ground or
screened by .� ray or er satisfactory means so that tltcy always will be hidden from streets
and Cormunon u3`and -1t�k M-01 visible to the occupants of other Pared;.
(9) h 4yln5r of a Peel be proportionately liable for the
mainter ucc, repair and re i ant +�'M ri as shown and drlineatcd on the Plat. Each
Owners proportionate share shall�e � - from DoLlarant to such Owner_
Each Owner of a Petrel shall be so liabl ny to the pavetmwnt within Honda
Drive caused by the negligence of s O nrr's cs v' contractors and material
suppliers.
(10) Each Parcel owner agr�mEd m* ain # Swrtnwa= Management
Facilities and all components of the Permit located cin sucho s P t�cel strictly in compliant
with time Permit, The Stormwate-r Management Facili ' ed o nc�5� tl shall be
mmainmined by the Owner of such Parcel, and the Owner s not Pr�l ow�y damage,
to occur to arty such Stortnwater M=Semrmrnt Facilities I tan c C�wnert` Parcel. Until
such time as ground cover is established on a Parcel, any storm dI ion wale located on
any Parcel shall not be graded or otherwise modified except in comp - ncc '[h T
After ground cover is cstablishM on a Parcel, the storntwattT diversion , ac
Parcel may be graded; provided, however, that such grading is performed in M
Permit. The Owner of a Part el upotr which such grading is performed shall
compliance with all requirements of the Permit. No piping of stormwater swales
reasonable rrumbrr of driveways) is Permitted.
15
B—k:2267. Pago:19

01-02-2107 11:nam From -WARD & SMIN-NEW BERN
(Page is ar 22)
2526725477 T-251 P.022/028 F-422
No OM BOOS Tiae 16:49.:31 1h of 21 Pis
w 2005-001 i1N3
Book 2267 Pace 408
(1) The coves=ts and rearictions comaitwd in the Declaration shall run with
and bind the land until January 1, 2010, after which time they shall be extended automatically for
successive periods of tent (10) ycats. This Declaration may be amended in full or in part by a
recorded instrument sued by at least two-thirds (213) of the dwncrs. It is provided, however,
that so long as Declarant owns any props ty in the Suttdivision, [his Declaration may not be
atttmnded without Declarant's prior written and signed consent recorded in the office of the
Rcgisterof Duels of Craven County.
I
Iiaok_2267 page_39;

0i-02-2007 11:36am
fI'sge 17vf .12)
' r
From -WARD & SMITH -NEW BERN
e ies
2526725477 T-251 P.023/026 F-422
Gate 01/1MOO1 Tian 16.05.31 Ii of =55
M; ?QtiS 1182i33
1 2267 Pane 409
Enforcement of these Restrictiuns and conditions shall be by groeec 4ittg tit law or
in equity against any Person or Persons violating or attempting to viol4ic uny Restriction or
covenant or condition herein, either to restrain violation thermf or to recover damages therefor.
Injunction shall not issue to compel the temov?l of or moving of any completed Building for
violation of side setback or front setback resttictiom. the sole venwdy of any offended Person
being a suit for damages.
17
5ook:«267,P49=:393

01-02-2GOT 11,37am Frcm-WARD & SMITH -NEW BERN
(Pakge JB 'of 22)
2526TZ5477 T-251 P-024/028 F-422
Liberal CansjLurfioD
Data 01/18/2005 Tiae 1b:a5:31 18 tf n Pss
Not 2005-00=03
" 2467 Pa,* 410
Ttw provisions of this Dcclaration shall be construes# liberally to effecumc its
purpose of crcming a Subdivision of fre simple ownership of 1'-arrels and buildings governed and
wmrolle,d by rule, regulations, restrictions, covenants, conditions, reservations and easewtuts
18
Book:2247,Fagc:39:

�._ . 01-02-2007 11:38am From -WARD & SMITN-NEW BERN
page r9 0 22)
2526725477 T-251 P.025/028 F-422
?ate OVIM2NS rise 1605:31 19 of 22 P9s
fin: 2005-00t i O
awt 2267 Paw 411
istered�vy wnrts' association with each Owner entitled to and hurdeited with the
and vase nts equivalent to those of other Owners.
Management Facilities: igclud" g
standards reguircd by the
Management Facilities and thn-satt
Declarant's trsponsibilitics under
such transfer. Transfer of the Pei
fifty percent (50%) of the Parcels
V.
sole cost and expense, initially construct all Sturmwater
arc Minn pond upon the C4tt1tI[Ot! Areas [o [lhe
mg a In f the initial cans[tuctian of the Srormwater
: rc Deelarant may transfer the Permit and
rni[ oMr- -on and the Corporation shall accept
tri}a[ au$ r the date after which at teast
veyed Q ers r than Declarant.
7tit, a stajrgwater retention pond shall be
Prior to any such transfer of the
cznif[od to the Corporation and the State of North 11
ginOlin ei �� s e inspection or by alicensed engineer, as being in compliance with Fe t. ( r�
The Corporation shall indemm(y and hold � ss any lass, cost,
claim, fee, fine, lair, damage or expense, including reasonable ere, urred by
Declarant in the defrose of any action against Declarant as holder of a Pe t f m after
the date Declarant tenders transfer of the permit to the Corporation foli i v of
such transfer by the North Carolina Mpur mcnt of Environment andNaru Resth
cenif cation of compliance as set forth above. Further, Declarant may bring on f r
specific performance of the obligations of the Corporation to accept the transfer o he e r /
once the conditions w such uansfer have been satisfied.
From and after the lmnsfer of Declaraat's responsibilities under the ftnuit 4nd
from arhd after transfer of the Permit from the Declarant to the Corporation. the oversight,
supervision, management and administration of the Permit shall be the sole responsibility of the
Corporation. The Corporatioa%duties with respect to the Permit shall be carried out in
aocordancc with the terms and conditions of this Declaration, the Articles, the Bylaws, and the
Permit.
19
Book;2267,Cago:ds:

4 - 01-02-2007 11leam From -WARD & SMITH -NEW BERN 2526725477 T-251 P.026/028 F-422
Q3agtr 24 'of 22S
r r
�m 4Ui912009 Tim 16:4r:31 M of 22 Ps5
Ito: 2M-0014203
1ha 2267 yaw 4141.
/IN STIMONY WHERFOF, AJcoke Holdings, I -LC has caused this iasuument
an sealed in a mwwr so as io be binding, this the clay and year first above wriaes.
ALCOKE HOLDINGS. L.L,C (SFAL)
A Limited Liability Compwy
(� By: (SEAL)
/ J Alcoke
onager
20
Saow:2267,8ngc:39:

01-02-2007 11.39am from -WARD & SMITH -NEW BERN 2526725477 T-251 P.027/028 F-422
[Laea 2l 'vf '2)
r'
s
Rate 01/212005 Tim I6.0vt3! 21 of n P9s
U N05-00118203
%QK 2267 Paw 413
ST OF Z OR" CAROUNA
CO NTYPPRAvEN
Y 2 Deborah D. Travis . a Notary Public in and for
said Count St�do y certify that JOF L ALCOKF Defom me this day personally
appeared. y the rst duly sworn, says that he is a m$nagcr of A;✓COKE
Howrivcs, , [hc ii ay company described is and which rxerutcd the foregoing
instrument; chat he said iy% ment in the limited liability company name by
subscribing his name tue o; tJhat j td lit e nt is the aci and did of said limited liability
company. ()
WrM SS my hand
2005.
My Commission Expires:
>.n�zz/zoas
PAD I- 't
Notary seal or stamp must apprU within above bckx.
21
i� dV 17th day of Januarz
b.4:2267,Aagc:397

01-02-2007 11:40am From -WARD I SMITH -NEW BERN
palga 22 or 22)
2528725477 T-251 P.028/028 F-422
Cate 01/1812005 1iME i4:QE:j1 22 of ?_ iH
K. NE-Q001003
501* 2267 P,3w 414
STATE OF I ORTH CAROLINA
CO[�Y�'3F VFN
r e f ing Ccrtific:uc of
NotaryPublic of
said Coup t is rtifird to be correct- This insumnxnt was presented for registration
this day and b dui 6 in the office of the Register of Iaceds of Gwen County,
North Carolina, in , age _ 2 -
LOU
�! • • ! Jr
Sri 1 .11
\� ,Ff egis[er of Me&
aaasha-OWSt
NtSMAiN5O14(f3257 �--r,\
22
8ovk:2267.Poge:39'

Jimmies Creek Commercial Park, Parcel B
Stormwater Permit No. SW7041014
Designer's Certificatioi3
as a duly
Registered Professional Engineer in the State of North Carolina, having been authorized to observe
eriodicail } T
the construction of the project, STolzm WRTG +2 Qon1p Ark
7�mm4E-5 CR�TaK Crnlmsg,�jeL_ f pz: (Profect)
for ALc<DK.0 1oGo,r�GS 1-LC (Project Owner)
hereby state that to the best of my abilities; due care axed diligence vas 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.
Signardre
JJ1 M Jr)jJJ11
� CARCi
5
Registration N=ber J`3 5 ,`•
Date T AN (n Z o G
1jlllllllili

. Ag,
RESPONSIBLE PARTY
I acknowledge and agree by my signature below that Jimmies Creek Commercial Park
POA, Inc. is responsible for all maintenance procedures listed above, and all.incurred
costs of construction and annual maintenance. I agree to notify NCDENR, Division of
Water Quality of any problems with the system or prior to any changes that will require a
modification to the permit.
Name of Owner/Responsible Party: Jimmies Creek Commercial Park POA, Inc.
Address: 1315 S. Glenburnie Rd., Suite 20
New Bern, NC 28562
Phone Number: (252) 636 - 2100
Name & Title: Mr. Joe Alcoke
President
Signature:
Date: 31(OLO
Notary Public: I,e&,9—I, a Notary Public for the State of
County ofltr' do hereby certify that Joe Alcoke
personally appeared before me this _ day of WakQ k , 20�, and
acknowledged the due execution of the foregoing stormwater system
maintenance requirements. Witness my hand and official seal.
Z
'Woldry Public �
NOTARY PUBLIC
My commission expires: PAMLICO COUNTY, NC
MY COMM;&SiCC< Eiil~I,9Ir5 i -ZUUU

Parcel ID
Owner:
Mailing Address:
Property Address
Description :
Lot Dimension
Assessed Acreage
Deed Reference :
Recorded Survey
Estate Number :
Craven County Geographic Information System
Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes.
This report was created by Craven County GIS reporting services on 5/4/2018 11:26:47 AM
8-211 -10004
JIMMIES CREEK COMMERCIAL PARK POA
1315 S GLENBURNIE RD STE D20 NEW BERN NC 28562
208 S JIMMIES CREEK DR
PARCEL B-4 JIMMIES CREEK COMM PARK !2
(STORMWATER TREATMENT)
280.88 X 368.04 IRR Subdivision
Land Value:
Improvement Value
Total Value :
City Name:
Drainage District
Land use :
2.140 Calculated Acreage : 2.180
2267-0415 Recorded Date : 1 182005
H-13-A
$48,150 Tax Exempt: Yes
$0 # of Improvements: 0
$48,150
NEW BERN Fire tax District
Special District
REC - EXM USE/OWN BY POAIHOA
Recent Sales Information
SALE DATE Sellers Name Buyers Name Sale Type Sale Price
1/18/2005 ALCOKE HOLDINGS LLC JIMMIES CREEK STRAIGHT $200,000
COMMERCIAL PARK POA TRANSFER
List of Improvements to Site
No improvements listed for this parcel

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
February 3, 2005
Mr. Joe Alcoke
Alcoke Holdings, LLC
1315 S. Glenbuinie Rd. Suite 20
New Bern, NC 28560
wee)
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
Subject: Permit No. SW7041014
Jimmies Creek Commercial Park, Parcel B
High Density Stormwater Project
Craven County
Dear Mr. Alcoke:
The Washington Regional Office received a completed Stonnwater Application for the
subject project on January 25, 2005. Staff review of the plans and specifications has determined that
the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW7041014 dated February 3, 2005 to Alcoke Holdings,
LLC for the construction and operation of grassed swales, bio retention[ area and a wet detention
pond to serve Jimmies Creek Commercial Park, Parcel B located at 3760 Dr. M.L. King; Jr, Blvd in
New Bern, NC.
This permit shall be effective from the date of issuance until February 3, 2015 and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to the
Operation and Maintenance requirements in this permit. Failure to establish an adequate system for
operation and maintenance of the stormwater management system will result in future compliance
problems.
1f 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.
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX [phone] / Internet: h2o.enr. state. nc.us
One
NorthCarolina

I
Page 2
February.3, 2005
Mr. Joe Alcoke
If you have any questions, or need additional information concerning this matter, please
contact me at [phone].
Sincerely,
Roger K. Thorpe
Environmental Engineer
Washington Regional. Office
cc: Robert M. Chiles
Craven County Inspections
Washington Regional Office
Central Files

I
State Stormwater Management Systems
Permit No. SW7041014
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina
as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Alcoke Holdings, LLC
Craven County
FOR THE
construction, operation and maintenance of stormwater management systems in compliance with
the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules' and the
approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this permit
for grassed swales, bio retention area and a wet detention pond to serve Jimmies Creek Commercial
Park, Parcel B located at 3760 Dr. M.L. King, Jr. Blvd, in New Bern, NC.
This permit shall be effective from the date of issuance until February 3, 2015 and shall be subject
to the following specified conditions and limitations:
L DESIGN STANDARDS
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 on page 2 of this permit, the Project Data Sheet.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.

DIVISION OF WATER QUALITY
PROJECT DATA
Project Name:
Jimmies Creek Commercial Park, Parcel B
Permit Number:
SW7041014
Location:
Craven County
Applicant:
Alcoke Holdings, LLC
Mailing Address:
1315 S. Glenburnie Rd. Suite 20
New Bern, NC 28560
Application Date:
12/15/2004 (original)
Receiving Stream:
UT to Wilson Creek
Classification of Water Body:
C. — Swp - NSW
Total Site Area:
9.57 ac
Total Impervious:
6.13 ac
The wet pond has been designed to treat the entire stormwater flow from this site.
Wet Pond Depth:
Required Storage Volume:
Provided Storage Volume:
Required Surface Area:
Provided Surface Area:
Controlling Orifice:
5.0 ft
23,612 cf
76,960 cf
19,093 sf
34,678 sf
8 inch @ elevation 16.0 ft

h
I
4. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative
practices (such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving approval from
the Division.
5. The following items will require a modification to the permit:.
a. Any revision to the approved plans, regardless of size
b. Project name change
C. Transfer of ownership
d. Redesign or addition to the approved amount of built -upon area
e. Further subdivision of the project area.
In addition, the Director may. determine that other revisions to the project should require a
modification to the permit.
6. 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.
II. SCHEDULE OF COMPLIANCE
1. The permittee will comply with the following schedule for construction and maintenance of
the stormwater management system.
a. 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
surfaces except roads.
b. During construction, erosion shall be kept to a minimum and any eroded.areas of the
system will be repaired dr mediately.
2. The facilities must be properly maintained and operated at all times. The approved
Operation and Maintenance Plan must be followed in its entirety and maintenance must
occur at the scheduled intervals.
3. The permittee shall at all times provide the operation and maintenance necessary to assure
the permitted stormwater system. functions at optimum efficiency including, but not limited
to:
a. Semiannual scheduled inspections (every 6 months)

m
b. Sediment removal
C. Mowing and revegetation of side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved plans and specifications
f. Debris removal and unclogging of outlet structure, orifice device and catch basins
and piping.,
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
5. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other supporting
data
6 Upon completion of construction 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. Mail the
Certification to the Washington Regional Office, 943 Washington' Square Mali,
Washington, North Carolina, 27889, attention Division of Water Quality.
7. A copy of the approved plans and specifications shall be maintained on file by the Permittee
for a minimum of five years from the date of the completion of construction.
8. Once the easements and restrictive covenants are recorded a copy must be sent to the NC
Division of Water Quality, Washington Regional Office. This must be done prior to
operation of the wet detention pond.
III. 'GENERAL CONDITIONS
1. T his permit is not transferable. in the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, a formal permit request must be
submitted to the Division of Water Quality accompanied by an application fee,
documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of this request will be considered on its merits and may or may
not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the Division of Water Quality, in accordance with North
Carolina General Statute 143-215.6(a) to 143-215.6(c).

3. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances which may be unposed by other government
agencies (local, state, and federal) which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective action, including those as may be
required by this Division, such as the construction of additional or replacement stormwater
management systems.
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.
Permit issued this the 3 rd day of February 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for AlanW. Klimek, P.E. Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7041014

Jimmies Creek Commercial Park, Parcel B
Stormwater Permit No. SW7041014
Designer's Certification
I, , as a duly
Registered Professional Engineer in the State of North Carolina, having been authorized to observe
(periodically/weekly/full time)
the construction of the project,
for
(Project)
(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.
Signature
Registration Number
Date

= c�
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
a
MARINE SURVEYORS
417-A BROAD ST. BUSINESS: 252.637.4702
P.O. BOX3496 FAX [phone]
NEW BERN, NORTH CAROLINA 28564-3496 January 25, 2005 rmcengrOcconned net
Certified Mail Receipt No.�F��,/�x��✓��2����
Mr. Roger K. Thorpe, P.E. RECEIVED
NCDENR, Division of Water Quality
943 Washington Square Mall JAN 2 5 2005
Washington, N. C. 27889
OWQ-WARO
Subject: Stormwater Review SW7041014, Additional Information Request
Enclosures: (1) 2 Copies, Revised Drawing, Stormwater Management Plan for Jimmies Creek
Commercial Park, Parcel-B-(Proposed Conditions), developed by Alcoke Holdings,
LLC., prepared by RQBERT M.-CHILES, P E:,-Revision 1, January 25, 2005.
(2) Copy, Drawing, Constructior-Han foriHonda`Road at Jimmies Creek Commercial
Park Parcel B;:prepared,by`ROBERT,M CHILES', PE.
(3) 2 Copies' Corrected Responsible PartySfatemem
Dear Mr. Thorpe: �-�-� ' �.ljJ � ,•}
On behalf of our client, AI fake Holdings; LLG, we submit this response to your request for
ua additional information dated Jan ry ,19, 2005. The following addresses the requests in the order they are
presented in your letter. _
II 'ti I
The "possible future property line" text on the proposed conditions stormwater drawing indicates
part of a possible future subdivision of Jimmies Creek Commercial Rark Parcel'B. The stormwater
JV
management plan is designed•for Parcel B in its entirety. The property line of'Parcel B is labeled in the
stormwater drawings with a ';PL:''syri bol and contains'9.57 ages GWhen,tlie project site is eventually
subdivided, appropriate easements will'be created ond.an.association,or partnership will be formed to
transfer the responsibilities associated,with fhe stormwater,mariagemn nt plan to the new owners.
Enclosure 1, a revised copy of the proposed-canditions.drawing, is revised to include the drainage
areas, identify the restaurant and automobile-cle%alership locations as referenced in the detail narrative,
and to include the property line dimensions, all of which was inadvertently omitted from the issued
drawing. Please use enclosure 1 to replace the initially submitted drawing. Enclosure 2, a copy of the
proposed road plan and profile is provided for your information.
The responsible party statement correctly indicated Alcoke Holdings, LLC as the "Name of
Owner/Responsible Party" in the outline portion of the statement, and it was in the capacity of Manager
of that corporation that Mr. Alcoke provided his signature. The erroneous reference to B/S/H/ Home
Appliances Corporation in the context of the statement is corrected to read Alcoke Holdings, LLC.
Enclosure 3 includes two copies of the corrected statement for your approval. Please use enclosure 3 to
replace the originally submitted responsibility statement page.
The text that reads "possible outline, future impervious 1.03± acres" and the corresponding lines on
the stormwater proposed conditions drawing identify an area that is included in the calculations for the
pond. The proposed automobile dealership site includes 3.04 acres of impervious surfaces, the proposed
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE

restaurant site and road total 2.06 acres of impervious surfaces, and the third commercial site is
considered to have a maximum possible future impervious area of 1.03 acres. These surfaces comprise
the 6.13 acres of proposed impervious surfaces for the project. Having no knowledge of the possible
composition of the 1.03 acres of future impervious surfaces, this entire area was included in the 4.78 acres
indicated as proposed on -site parking.
You are correct in stating that the 8-inch diameter orifice is too large to draw down the pond in 2
to 5 days when calculated using the basic orifice equation. However, the storage volume associated
with a one -inch design rainfall will only raise the pond surface by about 4 inches, one-half of the 8-inch
outlet pipe diameter. Because the discharge pipe will only flow one-half full, we have calculated the
discharge rate using Manning's open channel flow equation. For this calculation, a normal depth of 4
inches is assumed and a Manning's coefficient for corrugated metal pipe is used. Calculated using this
equation, the drawdown time for the one -inch design rainfall is approximately 3.7 days. The discharge
rates and drawdown time associated with this calculation are already included in the calculations data.
Should you have any questions aboui the infoimation provided or require any other information,
please contact us at your convenience.
rV_
ery truly`yours,
pBERT M. CWILES,"P%:Eichael L. Rice, P..E.
cc: Mr. Joe Alcoke, Alcoke Holdings, LLC

WaR0
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Mr. Joe Alcoke, Manager
Alcoke Holdings, LLC
1315 S. Glenburnie Rd. Suite 20
New Bern, NC 28560
Subject:
Dear Mr. Alcoke:
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
January 19, 2005
Stormwater Review SW7041014
Jimmies Creek Commercial Park, Parcel B
Craven County
This office received a State Stormwater permit application and plans for the subject project
on December 15, 2004. A preliminary review of your project indicates that before a State
Stormwater permit can be issued the following additional information is needed:
f 1. The plans show a "possible future property line" that appears to cut off the wet pond
from the project site. Please remove this note or explain.
J 2. Delineate the drainage basins on the plans showing which areas drain into the bio
retention area and which areas drain directly to the wet detention pond.
J 3. The operation and. maintenance agreement, included in the package. mistakenly
makes B/S/H Home Appliances Corporation the responsible party. Please correct.
J 4. The plans show a line noted as possible future impervious area of 1.03 acres. Is this
possible impervious area included in the calculations for the proposed pond? If so
please advise. If not please remove the note from the plans.
`J 5. The proposed small diameter orifice of 8 inches is too large to draw down the pond
in 2 to 5 days using the basic orifice equation. Please recalculate.
The above information must be submitted within 30 days, or your project will be returned as
incomplete. You should also be aware that the Stormwater Rules require that the permit be issued
prior to any development activity. If you have questions, please feel free to contact me at (252)
948-3923.
Sincerely,
Roger K. Thorpe, P.E.
Environmental Engineer
Washington Regional Office
Cc: Robert M. Chiles, P.E.
Washington Regional Office One
943 Washington Square Mall, Washington, North Carolina 27889 NO hCarolina
Phone: [phone] FAX [phone] Internet: h2o.enr.state.nc.us
An Equal OpportunitylAffnnative Action Employer— 50% RecycW10% Post Consumer Paper NatutpallY

ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
8
MARINE SURVEYORS
417-A BROAD ST. BUSINESS'.252-637-4702
P.O. BOX 3496 FAX: [phone]
NEW BERN, NORTH CAROLINA 28664.3496 rmcengrOccooned.nat
December 13, 2004
Certified Mail Receipt No. 7004 1160 0002 2769 1 169
RECEIVE.
Mr. William Moore
NCDENR, Division of Water Quality DEC 15 2004
943 Washington Square Mall
Washington, N. C. 27889 i'11h Q-W RO
Enclosures: (1) 2 Copies, Stormwater Management Plan for Jimmies Creek Commercial Park,
Parcel B, developed by Alcoke Holdings, LLC., with Stormwater Management
Permit Application Forms SWU 101 and SWU 102, prepared by ROBERT M.
CHILES, P.E., dated-December-l3,-2004.
(2) RMC, PE check, no.128558iin the dmount•of $420. (fee)
Dear Mr. Moore:
On behalf of our client,AlcokH&clirigs,' LLC, we submit the -enclosed stormwater management
plan and fee for your opp'rovgl. ,,1
This project involves -the construction yof stmm orwater manageent facilities, site grading and
road construction within :Jimmies-Creek-Commercial-Park-Porcel•8&in-preparation for proposed
subdivision and commercial development.
Proposed stormwater management facilities for, Parcel B include a bloretention area and a wet
detention basin, Stormwater runoff from the proposedrroad'6nd a large portion of a proposed
restaurant site will be treated'by, the bioretention area before being discharged to the wet detention
basin for additional treatment'`Runoff'from.the remainder 6f'fheaite is"via swales and culverts
to the wet detention basin for ltreatmerit:`
Should you require additional information -or -have any�guestlons, please contact us your
convenience.
Very truly yours,
ROBERT M. CHILES, P.E.
Michael L. Rice, P.E.
cc: Mr. Joe Alcoke, Alcoke Holdings, LLC
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS
COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
November 30, 2004
Mr. Joe L. Alcoke
Alcoke Holdings, LLC
1315 S. Glenburnie Road, Suite 20
New Bern, NC 28562
Subject: Stornwater Review SW7041014
Jimmies Creek Commercial Park, Parcel B
Craven County
Dear Mr. Alcoke:
This office received a copy your Sedimentation and Erosion Control Plan application and
plans for the subject project on October 11, 2004. A preliminary review of your project indicates
that a State Stormwater permit will be required. The following additional information is needed
before a permit can be issued:
1. Completed stormwater application and fee.
2. Two sets of plans and specs showing the proposed project and all stormwater
treatment units along with engineering calculations and a narrative description.
The above information must be submitted within 30 days, or your project will be returned as
incomplete. You should also be aware that the Stormwater Rules require that the permit be issued
prior to any development activity. If you have questions, please feel free to contact me at (252)
948-3923.
Sincerely,
Roger K. Thorpe, P.E.
Environmental Engineer
Washington Regional Office
cc: Robert M. Chiles, PE
Craven County Inspections
Washington Regional Office One
943 Washington Square Mali, Washington, North Carolina 27889 NorthCarolina
Phone: [phone] I FAX [phone] Internet: h2o.enr.state.nc,us An Equal OpportunitylAff rmative Action Employer — 50% Recycled110% Post Consumer Paper Naturally