SW7101206_HISTORICAL FILE_20200623

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
sw .7 �J10
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVEDPLANS
FILE
C❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
3
YYYYMMDD

ROY COOPER
Governor
MICHAEL S. REGAN
Seeretary
BRIAN WRENN NORTH CAROLINA
Environmental Quality
Director
June 23, 2020
Commerce Pond Owners Association, Inc.
Attention: Zachary Taylor, President
P.O. Box 12006
New Bern, NC 28561
Subject: Stormwater Permit Renewal
Stormwater Management Permit SW7101206
Commerce Park II
Craven County
Dear Mr. Taylor:
vcl � 61
A Division of Energy, Mineral, and Land Resources file review has determined that
Stormwater Permit SW7101206 for a stormwater treatment system consisting of a wet
detention pond serving Commerce Park II located on Commerce Drive in New Bern, NC
expires on January 11, 2021. This is a reminder that permit renewal applications are
due 180 days prior to expiration. We do not have a record of receiving a renewal
application.
Please submit a completed permit renewal application along with a $505.00 fee for
permit renewal. Permit application forms for renewal can be found on our website at:
ht p2,//aep ncgov/aboil /divisions/ener_gy mineral land-resources/en rev -mineral -lam
rii]gs/ctormwater-program/gust-construction. North Carolina General Statutes and the
Coastal Stormwater rules require that this property be covered under a stormwater
permit. Failure to maintain a permit subjects the owner to assessment of civil penalties.
If you have questions, please feel free to contact me at [phone]. 1 will be glad to
discuss this by phone or meet with you. If you would like, I can e-mail you a copy of the
application form. You can request a copy by e-mailing me at roger thorpe(&ncdenr.00v.
Sincerely,
ogeFK_. Thorpe
Environmental Engineer
o.ro
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Rasauces
Washington Regional Office 1 943 Washington Square Meil I Washington. North Carolina 27889
252.946.6481

wr
NC®ENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, PE
Governor Director
May 17, 2012
Mr. Zachary Taylor, President
Commerce Pond Owners Association, Inc.
PO Box 12006
New Bern, NC 28561
Dear Mr. Taylor:
Natural Resources
Dee Freeman
Secretary
Subject: Stormwater Permit No. SW7101206 Modification
Stormwater Improvements for Commerce Park II
High Density Commercial Subdivision Project
Craven County
WaRO
The Washington Regional Office received a complete Stormwater Management Permit Application for
both the ownership change and modification of Stormwater Improvements for Commerce Park II on
April 9, 2012. 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. SW7101206MOD, dated May 17, 2012, for the
continued construction, operation and maintenance of the project. By issuance of this permit, the
permit issued for this project on January 11, 2011 is hereby rescinded.
This permit shall be effective from the date of issuance until January 11, 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, P.O. Drawer
27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and
binding.
If you have any questions, or need additional information concerning this matter, please contact Scott
Vinson, or me at [phone].
Sincerelyl
I
AI Hodge
Regional Supervisor
Surface Water Protection Section
AH/sv: S:\WQS\STORMWATER\SW7101206M
cc: Bobby Billingsly, PE — Thomas Engineering
City of New Bern Planning & Building Inspections
✓Washington Regional Office
North Carolina Division of Water Quality Internal: www.ncwatereaality.or2
943 Washington Square Mall Phone: 252-946,6481 One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Post Consumer Paper ;Vaturalltf

State Stormwater Management Systems
Permit No. SW7101206MOD
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION 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
Commerce Pond Owners Association, Inc.
Stormwater Improvements for Commerce Park 11
at 1315 Commerce Drive, New Bern, Craven County
FOR THE
construction, operation and maintenance of a one wet detention pond 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 Water Quality
and considered a part of this permit.
This permit shall be effective from the date of issuance until January 11, 2021 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.6 on page 3 of this permit. The subdivision is permitted for 8 lots,
each allowed a maximum of (see attached table) square feet of built -upon area and
15,500 square feet of existing off -site built -upon area.
3. The runoff from all built -upon area within the permitted drainage area of this project must
be directed into the permitted stormwater control system.
4. Each new lot owner within the subdivision must submit two (2) copies of the final
proposed development plans to the Division of Water Quality and receive written plan
approval prior to any construction on the lot to ensure compliance with this State
Stormwater Management Permit.
5. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent surface waters.
Page 2 of 8

State Stormwater Management Systems
Permit No. SW7101206MOD
6. The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
a. Drainage Area, acres:
b. Total Impervious Surfaces, ft2:
c. Average Pond Design Depth, feet:
d. TSS removal efficiency:
e. Design Storm:
f. Permanent Pool Elevation, FMSL:
g. Permitted Surface Area @PP ft2:
h. Permitted Storage Volume, ftJ:
i. Storage Elevation, FMSL:
j. Predevelopment 1 year 24 hour:
k. Post development 1 year 24 hour:
I. Controlling Orifice:
m. Permanent Pool Volume, ft3:
n. Forebay Volume, ft3:
o. Maximum Fountain Horsepower:
p. Receiving Stream / River Basin:
q. Stream Index Number:
r. Classification of Water Body:
It. SCHEDULE OF COMPLIANCE
4.46 (including 21,800sf of off -site area)
128,275 new + (5,434sf vested + 15,500sf off -site)
5.00
90%
1.50
17.00
8,850
23,225 at temporary pool
19.00
4.15 cfs
2.89 cfs
1.25"0 pipe
34,486
6,478
1/8hp / 0.125hp
Wilson Creek / Neuse River
27-101-37
"C; Sw, NSW"
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (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.
2. The permittee is responsible for verifying that the proposed built -upon area for the entire
lot does not exceed the maximum allowed by this permit. Once the lot transfer is
complete, the built -upon area may not be revised without approval from the Division of
Water Quality, and responsibility for meeting the built -upon area limit is transferred to the
individual property owner.
3. If an Architectural Review Board or Committee is set up by the permittee to review plans
for compliance with the BUA limit, the plans reviewed must include all proposed built -
upon area. Any approvals given by the Board do not relieve the homeowner of the
responsibility to maintain compliance with the permitted BUA limit.
4. 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.
5. 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.
6. 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 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, acquisition, 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.
Page 3 of 8

State Stormwater Management Systems
Permit No. SW7101206MOD
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved
plan.
7. The permittee shall submit for approval, final site layout and grading plans for any
permitted future development areas shown on the approved plans, prior to construction.
8. 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.
9. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
10. 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.
11. 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.
12. The permittee shall at all times provide the operation and maintenance necessary to
assure that all components of the permitted stormwater system function 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 re -vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
13. Records of maintenance activities must be kept by the permittee. The records will
indicate the date, activity, name of person performing the work and what actions were
taken.
14. This permit shall become void unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting
data.
15. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW7101206, as issued by the Division
of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
Page 4 of 8

State Stormwater Management Systems
Permit No. SW7101206MOD
f. The maximum built -upon area per lot is (see attached table) square feet. This
allotted amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the
edge of the pavement. Built upon area includes, but is not limited to, structures,
asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does
not include raised, open wood decking, or the water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters, which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales and directing
them into the pond or street. Lots that will naturally drain into the system are not
required to provide these measures.
h. Built -upon area in excess of the permitted amount will require a permit
modification.
i. The owners of lots 2-8 must submit two(2) copies of final proposed
development plans to the Division of Water Quality and receive written
plan approval to ensure compliance with State Stormwater Management
Permit Number SW7101206 prior to any construction on the lot.
j. The project and each lot will maintain a 50 foot wide vegetated buffer between all
impervious areas and surface waters.
k. Each lot owner within Commerce Park II is by ownership a member of the
Commerce Pond Owner's Association, Inc. and subject to the conditions and
requirements of the Stormwater Management Permit SW7101206.
16. A copy of the recorded deed restrictions must be submitted to the Division within 30 days
of the date of recording the plat, and prior to selling lots. The recorded copy must contain
all of the statements above, the signature of the Permittee, the deed book number and
page, and the stamp/signature of the Register of Deeds.
17. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any items not in
compliance must be repaired or replaced to design condition prior to the transfer.
Records of maintenance activities performed to date will be required.
18. Decorative spray fountains will be allowed in the stormwater treatment system, subject to
the following criteria:
a. The fountain must draw its water from less than 2' below the permanent pool
surface.
b. Separated units, where the nozzle, pump and intake are connected by tubing, may
be used only if they draw water from the surface in the deepest part of the pond.
c. The falling water from the fountain must be centered in the pond, away from the
shoreline.
d. The maximum horsepower for the fountain's pump is based on the permanent pool
volume. The maximum pump power for a fountain in this pond is 1/8hp (0.125hp).
19. If permeable pavement credit is desired, the permittee must submit a request to modify
the permit to incorporate such language as required by the Division of Water Quality. The
request to modify must include a soils report identifying the type of soil, the Seasonal
High Water Table elevation and the infiltration rate. Upon the successful completion of a
permit modification, the individual lot owners that request to utilize permeable pavements
must submit the necessary forms and documentation to the permittee and receive
approval prior to construction of the permeable pavement.
20. A copy of the approved plans and specifications shall be maintained on file by the
Permittee at all times.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director. In the
event of a change of ownership, or a name change, the permittee must submit a
Page 5 of 8

State Stormwater Management Systems
Permit No. SW7101206MOD
completed Name/Ownership Change form signed by both parties, to the Division of
Water Quality, accompanied by the supporting 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 a request to transfer the permit.
3. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
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 re -issuance or termination does not stay
any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater control
must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual.
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, or terminating the permit as allowed by the
laws, rules and regulations contained in Session Law 2008-211, Title 15A NCAC
21-1.1000, 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 January 11, 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 17th day of May, 2012.
NORTH CAS OLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7101206Modification
Page 6 of 8

State Stormwater Management Systems
Permit No. SW7101206MOD
Stormwater Improvements to Commerce Park II Page 1 of 2
Stormwater Permit No. SW7101206
Craven County
Designer's Certification
I, , as a duly registered in the State
of North Carolina, having been authorized to observe (periodically/weekly/full time) the
construction of the project,
(Project)
for (Project Owner) hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the project construction such
that the construction was observed to be built within substantial compliance and intent of the
approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 7 of 8

State Stormwater Management Systems
Permit No, SW7101206MOD
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of
built -upon area.
3. All the built -upon area associated with the project is graded such that the runoff
drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of
the system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a forebay,
and the vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDENR-DWQ Regional Office
New Bern City Planning / Building Inspections
Page 8 of 8

-; DWQ USE ONLY
Date Received
Fee Paid
Permit Number
Ui
Applicable Ru es: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction
(select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ Mgmt Plan:
State of North Carolina \ /
Department of Environment and Natural ResourcesRECEIVED
Division of Water Quality
APR - 9 2012
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form nmy be photocopied for use as an original I. GENERAL INFORMATION DW-ARO
1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Stormwater Improvements for Commerce Park II
2. Location of Project (street address):
1315 Commerce Drive
City:New Bern County:Craven Zip:28562
3. Directions to project (from nearest major intersection):
From the intersection of Trent Road (SR 1278) and Glenburnie Road (SR 1309), travel west on Trent Road 500
ft. Turn left Commerce Drive. Project is on the left.
4. Latitude:35° 05' 40" N Longitude:77° 05' 50" W of the main entrance to the project.
II. PERMIT INFORMATION:
1. a. Specify whether project is (check one): ❑New
®Modification +- QU-rsl4 ,
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit numberSW7101206 , its issue date (if known)Tanuary 11, 2011 , and the status of
construction: ❑Not Started ❑Partially Completed* ® Completed* *provide a designer's certification
2. Specify the type of project (check one):
❑Low Density ®High Density ❑Drains to an Offsite Stormwater System []Other
3. If this application is being submitted as the result of a previously returned application or a letter from DWQ
requesting a state stormwater management permit application, list the stormwater project number, if
assigned, and the previous name of the project, if different than currently
proposed,
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major
❑NPDES Industrial Stormwater
❑Sedimentation/Erosion Control: 3.0 ac of Disturbed Area
❑404/401 Permit: Proposed Impacts
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:N/a
Form SWU-101 Version 14May2010 Page 1 of

III:' CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the pro�Iject):,-
Avvhcant/Or¢anization:ZacharvTavlor 65COL C���rb"hYt�iwwS �9r.w
Signing Official &
b. Contact information for person listed in item la above:
Street Address:PO Box 12006
City:New Bern
W
State:NC Zip:28561
Mailing Address (if applicable):PO Box 12006
City:New Bern State:NC Zip:28561
Phone: (252 ) 633.5106
Emafl:[e-mail]
Fax: ( )
c. Please check the appropriate box. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization:
Signing Official & Title:
b. Contact information for person listed in item 2a above:
Street Address:
City:
Mailing Address (if
City:
Phone: ( )
Email:
State: Zip:
State: Zip:
Fax: ( )
3. a. (Optional) Print the name and title of another contact such as the projects construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization:Thomas Engineering, PA
Signing Official & Title:Bobby Billingsley, PE - Project Engineer
b. Contact information for person listed in item 3a above:
Mailing Address:PO Box 1309
City:New Bern State:NC Zip:28563
Phone: (252 ) 637.2727 Fax: (252 ) 636.2448
Email:[e-mail]
4. Local jurisdiction for building permits: New Bern
Point of Contact:lohnny Clark Phone #: (252 ) 639.7581
Form SWU-101 Version 14May2010 Page 2 of 6

IV: PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
Paved parking sheet and gutter flows to curb drain(s). Piped to pond forebay. Outlet structure w/trash rack
outlets into existing ditch. 90% table used for sizing permanent pool.
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUD Approval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.Identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW -1995 ❑ Ph II - Post Construction
3. Stormwater runoff from this project drains to the Neuse River basin.
4. Total Property Area: 3.96 acres
5. Total Coastal Wetlands Area: 0 acres
6. Total Surface Water Area: 0 acres
7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project
Area*:3.96 acres
Total project area shall be calculated to exclude the following: the normal pool of im ounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water (NM line or Mean High Water
(MHW) line, and coastal wetlands landward fr(rom the NHW (or MHM line. The resultant project area is used to
calculate overall percent built upon area (E A). Non -coastal wetlands landward of the NHW (or MHIO line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 71.2 %
9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered
stormwater BMP. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Basin Information
Draina e Area 1
Draina e Area
Draina e Area
Draina.geArea—
Receiving Stream Name
Wilson Creek
Stream Class *
SC;Sw;NSW
Stream Index Number *
27-101-37
Total Drainage Area (so
194,329
On -site Drainage Area (so
172,329
Off -site Drainage Area (so
22,000
Proposed Impervious Area"` (so
1 138,341
Impervious Area" total
71.2
Impervious- Surface Area
Drainage Area 1
Drainage Area _
Drainage Area _
Drainage Area _
On -site Buildings/Lots (so
0
On -site Streets (so
0
On -site Parkin (so
0
On -site Sidewalks (so
0
Other on -site (so
0
Future (so
128,275
Off -site (so
15,500
Existing BUA*** (so
-5,434
Total (so:
* Stream Class and Index Number can be determined at: http://portal.ncdenr.or¢/webAyalps/csu/classificado)Is
** Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
FormSWU-101 Versionl4May2010 Page 3of6

"'Report only that amount of existing BL1A that Will remain afterdeuelopment. Do not report any existing BUA that
is to be removed and which trill be replaced by acid BLIA.
11. How was the off -site impervious area listed above determined? Provide documentation. Aerial images and
site visits during rain Areas are shown on existing sheet plan.
Projects in Union Comnty: Contact D1W Central Office stafjtn check if the prt ject is located within a Threatened X
Endangered .Species tmtershed that attY be sulject to more stringent storanrater requirements as per NC -IC 02B .0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from fittp://tiortal:nciloncorg/%yeb/wq/%vs/sti/hinp-martial.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. A detailed application instruction sheet and BMP
checklists are available fromlittLi://portal.ncdetir.orr/%%cb/wu/%vs/stt/states%%./forms does. Thecomplete
application package should be submitted to the appropriate DWQ Office. (The appropriate office may be
found by locating project on the interactive online map at lid://portal.iicdenctirg/%%ell/wq/%vs/su/maps.)
Please indicate that the following required information have been provided by initialing in the space provided for
each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for
each submitted application package from http://bbrtal.iic(lerr.org/lveb/%%•o/%%s/su/states%v/forms does.
initials
1. Original and one copy of the Stormwater Management Permit Application Form. RL6
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part VII beloto)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For'an Express review, refer to
http://%v%viv.enviielp.org/pages/onestopexprLss.litntl for information on tine Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting:)
5. A detailed narrative (one to two pages) describing the stormwater treatment/ management
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA %vaters within tG mile of the site boundary, include the 1/
mile radius on the map.
7. Sealed, signed and dated calculations.
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
I. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the hiHI-V or NHW line of tidal
waters, and any coastal wetlands landward of the NIi-IW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHIV (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
I. Details of roads, drainage features, collection systems, and slormwaler control measures.
nt. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required).
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Fornt SWU-101 Version 14May2010 Page 4 of

i
- 9. Copy ofany applicable soils report with the associated SI iw*r elevations (please identify ,E-d
elevations in addition to depths) as well as ❑ map of the horin_ locations with the existing elevations and
boring logs. Include an 8.5"x I I" copy idlhe \RCS County Soils trial) with the project area clearly
delineated. For projects with infiltration 13,411 s. the report should also include the soil t'pc, expected
infiltration rate, and the method ofdetcnnining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a sit,, visit fa• DIVA u) verify Me S1111Tprior
to submittal. [phone].)
10. A copy of the most current property deed. Deed book: 1035 Page No: 920 /lGlJ
11. For eogmralions and limited liability corporations (LLC): Provide documentation from the NC leCff
Secretary of St:ne or other uIII ci;d tloculie ntation. wit icli supports the titles and positions held
by the persons listed in Contact Information, item la. 2a. and/or 3a per NCAC 211.1003(c).'file
corporation or I.LC must be listed as at active corporation in good standing with the NC
Secretary of Statc. otherwise the application will be returned.
hum/hcvew. sec rctnn•state.nets/CurixmuiunslCSearch.aspx
VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels. and future development. the appropriate property restrictions and protective covenants are
required to be recorded prior to the sale of any lot. If lot sizes vary significantly or to proposed 13UA allocations vary,
table listing cash lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed
and notarized deed restriction form. The appropriate deal restrictions and protective covenants limits can be downloaded
from httn://onriul:ncdetcorehecb;wuAvs/sulstatcsv/Timms does. Download the latest versions fir each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility ol'the property owner to sign
the deal restrictions and protective covenants firm while the applicant is responsible for ensuring that the deed restrictions
are recorded.
Ry the notarized signalure(s) below, the permit holder(s) certify that the recorded property restrictions and protective
covenants for this project, if required, shall include all the items required in the permit and listed on file fonts
available on the website, that the covenants will be binding on all parties and persons claiming under Ibent, that lite),
will run with lite land, that the required covenants cannot he changed or deleted without concurrence from the NC
DXVQ, and that They will be recorded prior to the sale of any lot.
VII1. CONSULTANT INFORMATION AND AUTIIORI%.,PION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting
engineer mad/or firm) so that they may provide information no your behalf for this project (such as addressing requests liar
additional inlirmatiun).
Consulting Iatginecr:John G. Thomas. Ph
Consulting Firm: Thomas Engineering, PA
Mailing Address:110 13ox 1301)
City:New Bern Statc:NC Zip:2S563
Phone: (252 ) 637.2727
["anvil:Johhi I'homns(Fi2'I'humasf_neinccringP:\.cum
Pax: (252 1 636.2445
Ix. PROPERTY OWNER AUTIIORIZA TION (iJ C(ruac•t bt/irutatibn, bent 2 hasheenfillial out, Cantpletcthis .cecthor)
I, (print ur 4'pe mum. open:wit listed in Contact 1nJinnuuion, item Ia/ Zachary Tarkir , certify that
own the property identified in this permit application. and thus give permission to (print or ape mane ofperc m listed in
Contact htlitrmmion, item 1a) Zachur• Tin for wish (print or n per trrune ufutgnni=utian listed in
Comacv 10wination, il.mt 1a) Conuneree Pond CJII'lla'% 1':(XSOCiatlOt. lac•. to develop the
project as currently proposed. A copy of the lease agreement or pending properly sales contract has been provided with the
submittal, which indicates the party responsible fir the operation and maintenance of the stornmaler system.
Form SWU-101 Version 1441ay2010 Page 5 of 6

:\; the legal property owner I acknowledge, understand. and agree by my signature below, that if ntv desi_nated a-ent (entity
listed in Contact Information, item I ) dissolves their company and/or cancels or delauhs on their lease agreement or pending
sale. responsibility for compliance kith the D\VQ Stormwater ruer pcnnit reverts back to me. the property owner. As the propem
owner, it is my responsibility to notify D\VQ imtnediatcly:utd submit a conplctcd Nmnc/Ownership Change Form within 36
days otherwise I will he operating a stonmvater treaunent facility without a valid permit. I understand that the operation ufa
stormwater treatment facility without a valid permit is a violation ol'NC General Stauue 1,13-215.1 and may result in
appropriate enforcement action it fling Iltc ayscss}t nt ol'civil penalties of up to $25,000 per day. pursuant to NCGS 143-
215.G. _ / // /�
// 29—le)
I. (� q" i jr\ + K L-)� I tJY a NotaryPublic liar the State of NC County of
- :IIV= tv . do hereby certify that ►tflR`� TAYt-0K personally appeared befi,rc
ntc this Art% day ul' NIV Udu . and acknowledg, the duce csccution of the application ti+r a
stormwatcr pcnnit. Witness my hand and official seal. i ixart �^n
61mm
sty commission cspires I Is 114
X. APPLICANT'S CNRTIFICATION
I, (print or npe name o'f1wrsan listed limWinin Contact btnotlun, nt la/ Achary 7in'!ur
certify that the information included on this permit application floral is, to the best of my knowledge, correct and that the
project will be constructed in conf u- nance with the approved plans. that the required deed restrictions and protective
covenants will be recorded, and that the proposed pmiect complies with the requirements of the applicable stormwater rules
under 15A NCAC 211 .1000, SI-?}ry1G-246 (t?k;fll//I'ust Construction) gr SL 2008.211.
�2y
v
Jn�Y1�� a 1a Notary Public for the of �— County of
do hereby certify that rr\\2ACA Ru-
R-Y T OL personally appeared befi,re
me this �� day df r kV . OPIO and acknowledge the due ,execu-tion ofthe application for a
stormwater permit. \Viutcss my hand and official seal. .,
GA; .
n•.
B L ca
SI-AI.
Nly commission evp
41isliti
Form S\VU-101 Versionl4Nlay2010 Page 6of6

THOMAS ENGINEERING, PA
CIVIL ENGTNEERING•LAIND DEVELOPMENT.PROJE(9P MANAGEMENT
To: NCDENR
Division of Water Quality
943 Washington Square mall
Washington, NC 27889
Attn: Scott Vinson
Express Environmental Engineer
Re: Stormwater Improvements for Commerce Park 11
Notice of Deficiency Response
New Bern, Craven County, NC
2010-018
Dear Scott,
March 22, 2012
RECEIVED
APR - 9 2012
DWQ-WARD
Per our phone conversation a few days ago below are some calculations that address the
status of the pond for the above referenced project. This is in response to your March 7,
2012 Notice of Deficiency Letter.
Item 1 — Off -site Drainage Concerns
Based on field investigation the additional offsite drainage area now draining to this
project and originally unpermitted is 21,800 SF. This area includes 15,350 SF of
impervious area and 6,450 SF of green area.
Permanent Pool Size Summary
Adding this to the onsite project drainage areas and utilizing the original 90%Nutrient
Removal table calculates a required permanent pool area of 9,901 SF. The current
existing pond has been built with a permanent pool area of 8,850 SF. Furthermore by
interpolating between the 90% table and the 85% table we can safely assume that even
with the additional area we are operating at approximately 88% Nutrient Removal
capacity. Additionally the outlet end of the pond outlet structure pipe discharges into a
ditch which has some treatment capacity. Based on these findings we find that the
existing conditions treat the additional stormwater adequately.
Temporary Storage Volume
The current pond has a temporary volume capture capacity of 23,225 CFT. Adding the
new area and its associated runoff will result in a required temporary storage volume of
16,744 CFT, up from the original required temporary storage volume of 14,744 CFT.
401 Howell Road.P. 0. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone].iYebsite: 7homasEngineeringPA.com

�'. A� /. �� P ° • 'In n y q1
s �� L Y Gam' ��D� V Y � Y. .. •...�1
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THOMAS ENGINEERING, PA
CIVIL ENGINEERING.LAND DRVELOPMRNT•PROJECT MANAGEMENT
Therefore, even by adding off -site unpermitted area the existing pond design continues to
offer approximately 38% more storage capacity than is required.
Summary
Based on these factors it is our opinion that the off -site drainage areas coming onto the
project site provides for better stormwater treatment for these areas without putting the
onsite pond design unnecessarily outside of tolerance levels. Additionally the permittee
has no other method to control this additional off -site discharge.
Item 2 — Vegetated Shelf Plantin¢
Per our phone conversation, the vegetated shelf was planted. We have some pictures of
the sprigs on file, however they are likely dormant at this time or beginning to come out
Our recommendation is simply to give this time.
Please review and let me know if you need anything further to address this. If you have
any questions or concerns, please advise.
Thank you, /��
Aev 7 "�PT 7
Bobby Billingsley, PE
[e-mail]
Enclosures
401 Howell Road.P. 0. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone].Websire: ThomasEngineeringPA.com

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Zachary Taylor, Owner
PO Box 12006
New Bern, NC 28561
Dear Mr. Tayolor:
Division of Water Quality
Charles Wakild, P. E. Dee Freeman
Director Secretary
March 7, 2012
Subject: NOTICE OF DEFICIENCY
Stormwater Management Permit No. SW7101206
Commerce Park 11
Craven County
This letter is to notify you are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H .1000 for failing
to comply with terms, conditions and limitations of Stormwater Management Permit No. SW7101206. Permit Number
SW7101206 was issued to you on January 11, 2011 for the Stormwater Improvements for Commerce Park 11, located at
1315 Commerce Drive, New Bern, Craven County, North Carolina.
On March 2, 2012, Mr. Scott Vinson of the Washington Regional Office performed an inspection to determine the status
of compliance with Stormwater Permit SW7101206 as a result of a request to transfer the permit to Commerce Pond
Owners Association, Inc.. As a result of the site inspection and DWQ file review, the following observations and
deficiencies are noted:
1. Permit Conditions #I. 1 & 2.,
DWQ observed that there is unpermitted off -site drainage from the neighboring property that is draining onto this site and
into the wet detention pond. The off -site runoff is coming from the back half of two buildings labeled S. Market Square
Assoc. Inc. on the plans and drain to the back drive isle of lots 6, 7 and 8, to the collection drop inlets leading to the pond.
This is a violation of Permit Number SW7101206 Conditions 4I.1.&2. which state, "1. This permit is effective only with
respect to the nature and volume of stormwater described in the application and other supporting data." and "2. This
stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of
this permit." This additional drainage area and impervious area adds runoff volume to the detention pond that was not
accounted for within the permitted design. This off -site drainage should be either redirected away from the pond or you
may re-evaluated the pond design calculations to determine if the pond is large enough and properly sized to take this
drainage. If the pond is determined to be large enough as designed, then a request for a permit modification should be
submitted for review and approval by the Division.
1. Permit Conditions #11. 5.
DWQ observed that either the vegetated shelf around the pond perimeter was not properly planted with wetland plants, or
many of the plants did not survive the first year. It is however still late winter and some plants may not be visible due to
dormancy. Please inspect the pond shelf this March for signs of these wetland plants and plant the shelf as needed this
spring in accordance with the approved planting plans.
North Carolina Division of Water Quality Internet: w wncwaterqualitv.mg
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
Nne
orthCarohna
Aaturally

Page 2 of 2,
Required Response
This Office requires that you respond to this letter in writing to the address listed at the bottom of the
letterhead within 30 calendar days of receipt of this Notice. Please provide a written "Plan of Action" which
outlines the actions you will take to correct the above mentioned violation(s) and a time frame for completion
of those actions.
This office requires that the violations, as detailed above, be abated and properly resolved. Should you have any
questions regarding these matters, please contact Scott Vinson at [phone].
Si erely,
AI opge, e pervisor
Surface Water Protection Section
Washington Regional Office
Enclosures: Inspection Report
cc: John Thomas, PE — Thomas Engineering
Washington Regional Office File

Compliance Inspection Report
Permit: SW7101206 Effective: Ot/11/11 Expiration: 01/11/21 Owner: Zachary Taylor
Project: Commerce Park II
County: Craven 1315 Commerce Dr
Region: Washington
Trent Woods NC 28562
Contact Person: Zachary Taylor Title:
Phone:
Directions to Project:
From the intersection of Trent Road (SR 1278) and Glenbumie Road (SR 1309). travel west on Trent Road 500 ft. Turn left on
Commerce Drive, project is located on the left.
Type of Project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Wilson Creek) (03-04-10 ) ( C;Sw,NSW)
On -Site Representative(s):
Related Permits:
Inspection Date: 03/02/2012 Entry Time: 02:30 PM
Primary Inspector: Scoft A Vinson
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ■ Not Compliant
Question Areas:
® State Stormwater
(See attachment summary) '
Exit Time: 03:45 PM
Phone: [phone]
Ext.208
Inspection Type: Transfer Renewal
Page: 1

Permit: SW7101206 Owner -Project: Zachary Taylor
Inspection Date: 03/02/2012 Inspection Type: Transfer Renewal Reason for Visit: Routine
Inspection Summary:
Either redirect the unpermitted off -site drainage away from the wet detention pond or re-evaluate the pond calcualtions to
determine if the pond is large enough and is properly sized to take this driange into account. If the pond is large enough
as designed then a request for a Minor Modificaiton to the permit should be submitted for review.
Inspect the pond shelf this March for signs of wetland plants and re -plant the shelf as needed early this Spring in
accordance with the approved planting plan.
Please keep inspection and maintenance records on file for future reference and submittal to the Division of Water
Quality.
Page: 2

Permit: SW7101206 Owner -Project: Zachary Taylor
Inspection Date: 03/02/2012 Inspection Type: Transfer Renewal Reason for Visit: Routine
File Review
Yes No NA NE
Is the permit active?
Signed copy of the Engineers certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the file?
Comment:
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as per the permit and approved plans?
Is the BUA (as permitted) graded such that the runoff drains to the system?
Comment: There is off -site drianage from the neighboring property located West of
this project that is making it's way into the treatment pond. This off -site runoff is coming
from the back half of two buildings labeled S. Market Square Assoc. Inc. on the plans
and drain to the back drive isle of lots 6, 7 & S, to the collection drop inlets leading to the
permitted wet detention basin. This off -site drainage has not be taken into account
within the pond design calculations. Please either revaluate the pond sizing
calcultaions to determine if this off -site area can remain without changing the size of the
pond or redirect this off -site drainage away from the wet detention basin.
SW Measures
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Are the outlet structures located per the approved plans?
Comment: Either the vegetated shelf around the pond was not properly planted with
wetland plants or many of plants did not survive the first year. It is however still winter
and some plants may not be visible due to them being dormant. Please inspect the
pond shelf this March for signs of these wetland plants and plant the shelf as needed
early this spring in accordance with the approved permitted planting plans.
Operation and Maintenance
Are the SW measures being maintained and operated as per the permit requirements?
®DOD
m
D
D
0
MOOD
MD❑❑
Yes No
NA
NE
MD❑❑
D®DD
®DDD
Yes
No
NA
NE
®ODD
■
❑
❑
❑
®ODD
Yes No NA NE
F-110N
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑
upon request?
Comment: See Vegetated Wetland Shelf notes above.
Please keep proper inspection & maintenance records on file to be submitted to the
Division of Water Quality upon request.
Page: 3

Permit: SW7101206 Owner -Project: Zachary Taylor
inspection Date: 03/02/2012 Inspection Type: Transfer Renewal Reason for Visit: Routine
Other Permit Conditions
Is the site compliant with other conditions of the permit?
Comment:
Other WQ Issues
Is the site compliant with other water quality Issues as noted during the inspection?
Comment:
Yes No NA NE
Yes No NA NE
Page: 4

RECEIVED
MC® NR DEC 13 2011
North Carolina Department of Environment and Natural Res�_� `H Ro
Division of,Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: S�✓7/ DyZ OE
2. Project Name: STo,e.wk1Ar- 'rX IA—i6V oli�S �P Ca-,rrvrE.PcF
3. Current Permit Holder's Company Name/Organization: if?iP. gAfC11
4. Signing Official's Narne: r4YzG,cZ Title: ��✓NE
5. Mailing Address: PD /Sox iaoo
City: /VET✓ BE Pal State: MC Zip: 2856/
6. Phone: (2s z Fax:( )
II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
[9ame change of the owner (Please complete Items 1, 2 and 3 below)
❑ Name change of project (Please complete Item 5 below)
Q Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
PlAailing address / phone number change. (Please complete Itern 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization: Omnf,62LE %00.✓U Ow,✓Ees ASsocr^ei t� ,
2. Proposed permittee's signing official's name: _Z4,1164Ry�r o—PQEs.vE� T
3. Proposed permittee's title: r
4. Mailing Address: Po Bogie iZoo 6 ?HysrcAL= r3Zr d'om yECcF pOILIC ZBSL t
City: "bv t3EFl.d State: /J c- Zip: Z s�
Phone: (2rz i, 3 3. S/0 6 Fax:( — ) —
5. New Project Name to be placed on permit:
Please check the appropriate box. The proposed permittee listed above is:
NOA or POA (Artactl Uocurnenrallon showing Mar the t70A or POA owns, cuntruts, or nas a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
❑ The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a `copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4)
SSW N/O Change Revl5Feb2011 Page 1 of 4

III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays.or denial of the transfer.
,A' This completed and signed form., This;certifiEation-must be'compi6tF-d and,si5ned by�bothlhe
current;permiCholder:and'tlia:new applicant if this is=a change of owne_rshipY
�Legal documentationn of the property transfer to a new owner.
`�3 .A copy of any recorded deed restrictions, covenants or easements, if required by the permit.
✓4. The designer's certification (DWQ Engineer and Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
✓5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representatipla6. The $40 00 processing fee. If this is an to act on behalf of the proposed
transferfromthe original permittee the processing
fee is not required. Subsequent ownership -transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement:
❑ Check here if the current permittee is only changing his/her/its name, the project name, or mailing
address, but will retain the permit. I, , the current
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed or if all required supporting information
and attachments listed above are not included, this application package will be returned as
incomplete.
[E]Check here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
I, y gCNkrzy T4 Y10< the current permittee, am submitting this application
for a transfer of ownership for permit N sN/ � /01206
206 . I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be,returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership cannot be appr ed by the. DWQ iless and until the facility is in compliance with the
permit.
Signature: Date:
I, / 11IN I\. 1N_ti a Notary Public for the State of
NCB County of. um" do hereby certify that
611A1'q /ppersonally appeared before me -this the
�i� clay of 1�� 20-� and acknowled e;tlke � "" y � g cue -execution of the
'." 1',6.
for ping instrument. Witn s y hand and official seal, u (Notary,. Seal), `v,
Notary ynature ,,>JU o,'.I�
SSW N/O Change Rev15Feb2011 Page 2 of 4 r <` MJ 1, `€ ''

V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
I, eammE2cE Pv,�o. Dw,vgter Arrac,,4T,,,d� / thereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that I have received a copy of: (check all that apply to this permit)
ft e most recent permit
[] he designer's certification for each BMP
any recorded deed restrictions, covenants, or easements
the DWQ approved plans and/or approved as -built plans
e'approved operation and maintenance agreement
ast maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
I have reviewed the permit; approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. 1 understand that if all required parts
of this application are not ompleted or if all required supporting information and attachments listed
above are not included is appli o ackage will be returned as incomplete.
Signature: 10K;'�Y1dA,f Date: /2—Z /1
�V C, County of �KP
A �02 f r fes, d/ Conner-,, /'o• l As,
persoi
day of -bez-- , 20 1
forgoing instrument. Witness my hand and official seal,
Notar ignature
a Notary Public for the State of
do hereby certify that
y appeared before me this the
and acknowlp e' ug,execution of the
�� o
T
( Otaf�Y SeY
onfwl
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form,. including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
SSW N/O Change Rev15Feb2011 Page 3 of 4

CONSENT OF DIRECTOR OF
COMMERCE POND OWNERS ASSOCIATION, INC.
TO ACTION WITHOUT MEETING
We, the undersigned, being the directors of Commerce Pond Owners Association Inc., do
hereby adopt the following resolution signing my written consent thereto, and by
execution of these minutes, hereby waive any and all formalities of meeting, including,
but not limited to notice, time, date, place and purpose of said meeting. The action is
pursuant to the provisions of North Carolina General Statute Section 55-29(a)(1).
ELECTION QF OFFICERS
WHEREAS, the Board of Directors of the corporation desires to elect officers of the
corporation to serve as such for the ensuing year until their successor shall have been
duly elected and qualified.
NOW, THEREFORE, BE IT RESOLVED, that the following persons be and they are
hereby elected as officers of the corporation to serve as such for the ensuing year or until
their successors have been duly elected and qualified.
PRESIDENT: Zachary Taylor
VICE PRESIDENT: John W. Taylor
SECRETARY: Judy A. Taylor
ASSISTANT SECRETARY: Cynthia K. Gaskins
TREASURER: Brian Z. Taylor
RATIFICATION
ZECrr.--IV E D
DEC 1 3 2011
WHEREAS, the Board of Directors has reviewed the operation of the corporation and the
actions of the officers of the corporation for the previous year and desire to approve ratify
and confirm the same.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the operation of the
corporation and the actions of the officers of the corporation during the previous year, be,
and they hereby are approved, ratified, and confirmed.
This action is effective this the 19 Aday of December,
F: Minutes Comm Pond Asm

NORTH CAROLINA
Department of The Secretary of State
To all whom these presents shall come, Greetings:
I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do
hereby certify the following and hereto attached to be a true copy of RECEIVE
ARTICLES OF INCORPORATION DEC 1 3 2011
OF I
COMMERCE POND OWNERS ASSOCIATION, INC.®V 1/ �( WA®
the original of which was filed in this office on the 15th day of November, 2010.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official seal at the
City of Raleigh, this 15th day of November, 2010
Secretary of State
? \ Docum tld: C201031900009

State of North Carolina
Department of the Secretary of State
ARTICLES OF INCORPORATION
NONPROFIT CORPORATION
SGSID: 1175661
Date Filed: 11115/2010 2:39:00 FM
Elaine F. Marshall
North Carolina Secretary of State
C201031900009
Pursuant to §57A-2.02 of the General Statutes of North Caml'ma, the undersigned corporation does hereby submit these Articles of
I ncorporation for the purpose of forming a nonprofit corporation.
I. The name of the corporation is: COMMERCE POND OWNERS ASSOCIATION, INC.
2. _(Check only if applicable.) The corporation is a charitable or religious corporation ae defined in NCOS §SSA-140(4).
3. The street address and county of the initial registered office of the corporation is:
Number and Street 1321 COMMERCE DRIVE
city. state, Zip code NEW BERN, NORTH CAROLINA 28682 County CRAVEN
4. The mailing address Ifdii fareat franc the street address of the initial registered office is:
5. The mince of the Initial registered agent is:
ZACHARY TAYLOR
^
6. The name and address of each incorporator is as follows: 8RIAN Z. TAYLOR, INCORPORATOR, PO DRAWER U
NEW BERN, NC 28583. CRAVEN COUNTY
7. (Check either a or b below.)
e. The corporation will have members.
b.—The corporation will not have members.
S. Attached am provisions regarding the distribution of the corporation's assets upon its dissolution.
9. Any other provisions which the corporation elects to Include am atmched.
10. The street address and county of the principal office of the corporation is:
Number end Street 1321 COMMERCE DRIVE
City, State, Zip Code NEW BERN, NORTH CAROLINA 28562 County CRAVEN
11. The mailing address ifdlfjkreat frove the street address, of the principal office is:
Revised January 2000
CORPORATIONS DMSION
P. O. BOX 29622
Form N-01
RALEIGR, NC 27626-0622

12. These articles will be effective upon filing, unless a later time and/or date Is specified:
This is the -Z day of NOVEMBER ,20 10
COMMER OND OWNERS ASSOCIATION, INC
Srg or r
BRIAN Z. TAYLOR, INCORPORATOR
Type or print Jncorporator's name and tire, Jjany
NOTES:
I. Filing fee is $60. This document must be filed with the Secretary of State.
Revised January 2000
Form N•01
CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NC 27626.0622

Prohibited Activities
No part of the net earnings of the corporation shall inure to the benefit of or be
distributable to, its members, directors, officers, or other private persons except that the
corporation shall be authorized and empowered to pay reasonable compensation for
services rendered and to matte payments and distributions in furtherance of purposes set
forth in these articles of incorporation. No substantial pan of the activities of the
corporation shall be the carrying on of propaganda or otherwise attempting to influence
legislation, and the corporation shall not participate in or intervene in (including the
publishing or distribution of statements) any political campaign on behalf of or in
opposition to say candidate for public office. Notwithstanding any other provisions of
these articles, the corporation shall not carry on any other activities not permitted to be
carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3)
of the Code or (b) by a corporation, contributions to which ate deductible under Section
170(c)(2) of the Code.
Distributions Upon Dissolution
r- Upon the dissolution of the corporation, the Board of Directors shall, after paying or
making provision for the payment of all of the liabilities of the corporation, dispose of all
of the assets of the corporation exclusively for the purposes of the corporation in such
manner, or to such organization or organizations organized and operated exclusively for
religious, charitable, educational, scientific or literary purposes as shall at the time
qualify as an exempt organization or organizations under Section 501(c)(3) of the Code
as the Board of Directors shall determine, or to federal, state, or local governments to be
used exclusively for public purposes. Any such assets not so disposed of shall be
disposed of by the Superior Court of the county in which the principal office of the
corporation is then located, exclusively for such purposes or to such organizations, such
as the court shall determine, which are organized and operated exclusively for such
Purposes, or to such governments for such purposes.

il
Workflow No. 0000044790-0002
NORTH CAROLINA
CRAVEN COUNTY
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Fee Amt: $50.00 Pepe 1 of 13
Workflow# 0000044790-0002
Craven, NC
DEC 1 3 2011 BK29$9 Richard Register of Deeds
DWQ-WARD ---
3- 74
RESTRICTIVE AND PROTECTIVE COVENANTS
Commerce Park Phase II
This Declaration of Restrictive and Protective Covenants, Conditions, Reservations of
Easements, made and entered into this the 2-1 f4 day of March, 2011 by and between
ZACHARY TAYLOR and wife JUDY A. TAYLOR, parties of the first part, of Craven County,
North Carolina; COMMERCE PARK, INC. a North Carolina Corporation, party of the second
part; COMMERCE POND OWNERS ASSOCIATION, INC. a North Carolina Corporation,
party of the third part; and PROSPECTIVE PURCHASERS of those certain lots shown and
delineated on a map or plat entitled "Commerce Park Phase I1", Craven County, North Carolina,
parties of the fourth part;
WITNESSETH:
WHEREAS, the parties of the first part, hereinafter referred to as "Declarants," are the
owners of all of those lots as shown on a certain map or plat entitled "Commerce Park Phase IP',
dated May 8, 2008, prepared by Atlantic Survey & Design, and recorded in Map Cabinet "H" at
Slide 120-F in the Office of the Register of Deeds of Craven County, North Carolina (the
"Property"); and
WHEREAS, Declarants in order to assure that there is a harmonious and continuous plan
of development for Commerce Park Phase II and further to assure that all of Commerce Park
Phase II will be governed by a single and uniform plan, which plan will be binding upon their
heirs, personal representatives and assigns, do hereby make certain covenants and restrictions
appertaining to said property which covenants and restrictions shall limit the use of the property;
and
WHEREAS, Declarants desire to make all lots in Commerce Park Phase II, subject to the
covenants and restrictions hereinafter stated and to make the said covenants and restrictions run
with the land;
NOW, THEREFORE, for and in consideration of the premises, the Declarants, for
themselves, their heirs, legal representatives and assigns, hereby restrict the use of the lots in
Commerce Park Phase II and do hereby place upon said lots, the following covenants and
restrictions:
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BK2989Pa375
1. DRAINAGE AND UTILITY EASEMENTS. The Declarants hereby reserve unto
themselves, their successors and assigns, a non exclusive perpetual, alienable and releasable
drainage and utility easement Twenty (20') feet in width along both the front (along Commerce
Drive) and rear of each lot, or upon such line of any lot line adjacent to a street and ten (10') feet
along all side lines that are common lines with other lots in the subdivision. Said lots shall also
be subject to any and all such easements as are shown and delineated upon the map or plat of
Commerce Park Phase 11 recorded as aforesaid and other easements of record, if any. Such
easements and rights of way may be used for the creation, construction, and the maintenance of
such utilities as gas, water, telephone or any other communication devices including cable TV,
telegraph, electricity, sewer and storm drains, whether public or private. Additionally, the
Declarants reserve the transferable and alienable right to access to the rear of each lot for the
purpose of maintaining power transformers by the City of New Bern or such other entity as
might furnish electricity and other utilities to each lot.
The right to the use of utility, drainage and other easements and right of way areas as provided
and defined herein and as shown upon the aforesaid recorded map or plat shall be reserved
exclusively to the Declarants, their licensees, successors or assigns.
Should adjacent lots be owned by the same owner, and said owner receives approvals from the
Architectural Control Committee to construct a building which would encroach upon any side-
line easement between said adjacent lots, such encroached upon area of the easement shall be
released for so long as said building remains on the easement area of said adjacent lots.
2. LAND USAGE. No lot shall be used for any purpose other than commercial and/or office
and institutional uses. No residential structure of any type shall be permitted on any lot. No
business consisting of a dance hall, massage parlor, tatoo parlor, adult book store nor any
business allowing the consumption of alcoholic beverages upon the premises shall be permitted.
The restriction against the consumption of alcoholic beverages upon the premises shall not apply
to restaurants nor any business associated with the operation of a restaurant.
3. BUILDING SET BACK LINES. No building shall be constructed upon any lot nearer than
fifty (50') feet to the front boundary (along Commerce Drive) of any lot; nearer than twenty
(20') feet to the rear of any lot: nearer than ten (10') feet to the side line of any lot, except any
comer lots on Commerce Drive and Trent Road shall have a thirty-five (35') foot set back
adjacent to Trent Road.
4. MOTOR VEHICLES. No stripped, partially wrecked or junked motor vehicle or part
thereof, campers or boat trailers (unless such boat trailers are directly related to the business of
the owner) shall be permitted to be parked or kept on any lot or on the street in front of any lot.
All motor vehicles of any type kept on any lot shall have current North Carolina registration and
inspection certificates.

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BK2989 PD376
5. TRASH RECEPTACLES. Adequate trash receptacles for garbage, trash and other debris
shall be provided for by each individual lot owner and such receptacle shall be located and
screened in such a manner so that they may not be seen from any adjacent lot or from any public
street. Such screening and/or fence placed upon the property for this purpose shall be approved
in accordance with Paragraph 15 hereinbelow and shall be in keeping with the general decor of
Commerce Park Phase II.
6. FENCES. No fence shall be erected or maintained on the property within the area between a
street and the front building set back line of any lot, nor shall any fence exceed 8 feet in height.
All fences shall be kept and maintained in good condition & repair by the lot owners. Any fence
placed upon the property shall be approved in accordance with Paragraph 15 hereinbelow and
shall be in keeping with the general decor of Commerce Park Phase H.
7. NOISE AND OTHER NUISANCES. No immoral, improper, offensive, unlawful or
noxious use shall be made of any lot. No lot owner shall undertake any use or practice which
creates or constitutes a nuisance to any other lot owner on Commerce Drive, or which obstructs
or interferes with the rights of other such owners or annoys them by unreasonably loud or
offensive noises, or by emissions of noxious odors or fumes of any type whatsoever.
8. STORAGE OF MATERIALS AND SUPPLIES. All storage of materials, supplies and/or
inventories belonging to or in the possession of any lot owner or occupant shall be done in a
manner so as to preclude visability from any adjacent lot or any public street within the
subdivision. Any and all screens or shields used to screen or shield such materials shall be
approved in accordance with Paragraph 15 hereinbelow, and maintained in good condition by the
lot owner.
9. DESTRUCTION OF BUILDING. If any building or other structure upon any lot shall be
destroyed by fire or other casualty, the owner of such lot shall have a period of ninety (90) days
to commence either repair or restoration of such destroyed building or to clear subject lot of the
debris thereon. Such repair or restoration shall be completed within one hundred eighty (180)
days from the date of said loss or casualty.
10. ANIMALS. No animals, either mammals, fish, fowl or amphibians shall be raised, bred, or
kept on any lot whatsoever. Provided, however, such prohibition shall not preclude the location
and operation of a duly licensed veterinarian which shall be entitled to keep, maintain and care
for animals of all types indoors for such periods of time as are deemed necessary by said
veterinarian, and so long as such use does not violate paragraph #7 hereinabove.
11. SIGNS. Any and all signs located within the subdivision shall be in accordance with the
applicable zoning of the City of New Bern regulating signs within said subdivision and all shall
be subject to approval in accordance with Paragraph 15 hereinbelow.

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BK2989 Pa377
No portable signs shall be permitted upon any lot with the exception of one standard unlighted
sign belonging to and utilized by real estate brokers who are endeavoring to sell or lease any lot,
nor shall any flashing light signs be permitted at any time. All such signs utilized by any real
estate broker shall have dimensions of no greater than 2 feet by 3 feet and be no higher above
ground than 5 feet.
12. UTILITIES AND LIGHTING. All electrical wiring and other utilities shall be installed
underground. No lighting shall be directed towards any public street or towards any adjacent lot.
13. MAINTENANCE AND REPAIR OF PROPERTY. The exterior of every building
located on a lot shall be maintained, repaired and kept in a clean and neat condition.
(a) Each building shall be maintained and painted and repaired on a timely basis.
(b) The grounds of each lot shall be kept and maintained in a clean and neat condition
with weeds cut, hedges trimmed, and all grass neatly mowed and also edged along the street
curb. No grass or trimmings are to be deposited on any public street adjacent to any lot.
(c) No trash or litter shall be maintained or allowed outside of designated screened areas
for retention of trash in accordance with Paragraph 5 hereinabove.
14. MOBILE HOMES. No mobile, modular or manufactured home or office shall be placed or
permitted to remain upon any lot excepting a mobile construction office or storage van may be
placed upon a lot during the construction of a building or other structure thereupon for a period
of not more than 6 months.
15. ARCHITECTURAL CONTROL COMMITTEE.
Declarants hereby appoint Commerce Park, Inc. to be the Architectural Control
Committee.
(a) No building or other structure including, but not limited to, fences, signs,
antennas, nor visual screens shall be erected or occupied on any lot unless approved in writing by
the Architectural Control Committee.
(b) Before any structure, fence, building, sign, exterior light fixture, wall, antenna, dish,
or addition to same shall be commenced, erected, or maintained upon any lot and before any
alteration (including painting) of the exterior portion of any structure located upon any lot in the
subdivision shall be commenced, the party desiring to make such changes or erection shall
submit and have approved by Architectural Control Committee, plans and specifications dealing
with such changes and new construction. Any repair using the same materials or repainting of
the same surface with the same color, shall be excluded from this requirement. The plans and
specifications must show the structure type, shape, height, materials, color, and locations of the
change or new construction. The plan shall be either: (i): Hand delivered to Architectural

Imape ID: 000OO1Pagea5 0rp CRP
SK2989 PG378
Control Committee at 1321 Commerce Drive New Bern, NC 28562, or (ii): Mailed certified or
registered with return receipt requested to Architectural Control Committee c/o Commerce Park,
Inc. (attention "President") at Post Office Box 12006, New Bern, North Carolina 28561.
Architectural Control Committee shall approve or disapprove such plans within Thirty (30) days
of receipt thereof.
(c) The Architectural Control Committee shall make the decision to approve or
disapprove the plans by taking into consideration the nature of the subdivision of lots, the
aesthetics of the new construction, proposed changes or alterations, the harmony of the proposed
new construction, proposed changes or alterations with the architectural style of neighboring
buildings, color schemes, durability of construction, relative quality and protection of the
investment of the owners of other lots in the subdivision. If the Architectural Control Committee
fails to either approve or disapprove any plans so submitted within Thirty (30) days of.their
receipt, the plans shall be deemed approved, except as provided for otherwise in these Restrictive
Covenants.
(d) The requirements of this paragraph shall not constitute a lien or encumbrance on any
lot on which construction is completed and any subsequent purchaser thereof for value without
notice thereof is in no way affected by the failure of his predecessors to comply with the terms
hereof.
(e) The rights of architectural control specified hereunder shall be personal to the
Commerce Park, Inc. and assignable by Commerce Park, Inc. and upon the dissolution of
Commerce Park, Inc. shall pass to its designated successors and/or assigns.
16. RIGHT OF FIRST REFUSAL. Commerce Park, Inc. has been granted and hereby
reserves the Right Of First Refusal to purchase any lot that is offered for resale by any person or
entity owning a lot in Commerce Park Phase II, pursuant to that document recorded in Book
at Page of the Craven County Register of Deeds, which is hereby
referred to for a more detailed explanation of its contents.
17. STORMWATER MANAGEMENT. All lots #2 thru #8 of Commerce Park Phase II
subdivision shall be subject to the following covenants which are intended to ensure ongoing
compliance with State Stormwater Management Permit Number SW7101206, as issued by the
Division of Water Quality under the Stormwater Management Regulations.
a. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
b. These covenants are to run with the land and be binding on all parties claiming under
them.

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c. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
d. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
e. The maximum built -upon area per lot, in square feet, is as listed below:
Lot # Lot Area (sft) Lot Area (ac) Maximum BUA (sft) BUA (%)
1
24577
0.56
0
0.00%
2
20108
0.46
18097
90.00%
3
20134
0.46
18121
90.00%
4
20160
0.46
18144
90.00%
5
20185
0.46
18167
90.00%
6
20211
0.46
16775
83.00%
7
20237
0.46
16797
83.00%
8
26717
0.61
22175
83.00%
This allotted amount includes any built -upon area constructed within the lot property
boundaries. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
f. All runoff from the built -upon areas on the lot must drain into the permitted system.
This may be accomplished through a variety of means including roof drain gutters
which drain to the street, grading the lot to drain toward the street, or grading
perimeter swales to collect the lot runoff and directing them into a component of the
stormwater collection system. Lots that will naturally drain into the system are not
required to provide these additional measures.
g. The owners of lots 2-8 must submit (2) copies of final proposed development plans to
the Division of Water Quality and receive written plan approval to ensure compliance
with State Stormwater Management Permit Number SW7101206 prior to any
construction on the lot.
h. The project and each lot will maintain a 50 foot wide vegetated buffer between all
impervious areas and surface waters. (The waters of the retention pond to be located
on Lot #1 shall not be considered as surface water.)

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BK2989 PG380
i. Each lot owner within Commerce Park Phase II is by ownership a member of the
Commerce Pond Owner's Association, Inc. and subject to the conditions and
requirements of SW Permit Number SW7101206 .
18. Commerce Pond Owners Association, Inc.
Declarant, in accordance with the Stormwater Management Plan that it has submitted and
had approved by the Department of Water Quality of the North Carolina Department of
Environment, Health and Natural Resources, wishes to set aside Lot 1 for the construction of a
storm water detention pond and provide for the permanent care, upkeep and maintenance thereof
in accordance with applicable regulations and to further provide that each of the owners of Lots 2
through 8 of Commerce Park Phase II shall have the equal responsibility for said care, upkeep
and maintenance.
Declarant has formed a nonprofit corporation under the name of Commerce Pond Owners
Association, Inc. (herein after called the "Association"), to own said Lot 1 upon which shall be
constructed a storm water detention pond and drainage facilities to and from said pond and each
of the other Lots in Commerce Park Phase II.
Declarant has conveyed or will have conveyed to the Association said Lot 1, to be owned
and held and maintained by the Association, according to this Declaration of Covenants until
such time as said land shall no longer be needed for storm water drainage and retention pond
purposes.
The Association joins in this Declaration for the purpose of agreeing to the same and to
cause said Declaration of Covenants to be binding upon and inure to the benefit of said
corporation.
Lots 2 through 8 of Commerce Park Phase II as shown on the Plat recorded in Plat
Cabinet H, Slide 120-F, Craven County Registry, shall be made subject to the following
restrictive covenants and conditions:
DEDICATION OF LOT 1 FOR STORM WATER DRAINAGE AND DETENTION
POND PURPOSES. Lot 1, Commerce Park Phase 11, is hereby dedicated for the
purposes of this Declaration of Covenants, said Lot to be held, owned and maintained as
a storm water drainage and detention pond facility in accordance with theregulations of
the Department of Water Quality of the North Carolina Department of Environment,
Health and Natural Resources; provided, however, should any applicable state and
federal regulations be altered, amended or repealed to the effect that a storm water
detention pond and drainage system is not needed for Lots 2 through 8, Commerce Park
Phase II, then in such event, this Declaration of Covenants shall in effect become null and

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Page 8 of 13
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void and title to Lot 1 shall revert to Declarant, their successors and assigns, according to
the terms of the deed from Declarant to the Association.
2. ASSOCIATION TO OPERATE AND MAINTAIN STORM WATER DETENTION
POND AND DRAINAGE SYSTEM. The Association has been established as a North
Carolina nonprofit corporation for the purposes of owning, managing, maintaining and
otherwise operating the drainage system and storm water detention pond situated within
Commerce Park Phase II and particularly situated on Lot 1, Commerce Park Phase II. In
addition to the powers contained in its Articles of Incorporation and Bylaws, the
Association shall have the authority and power set forth in this Declaration of Covenants
and the right to enforce the provisions hereof.
3. MEMBERS OF ASSOCIATION -LIENS. Each owner of a Lot in Commerce Park Phase
II shall be a member of the Association. The Declarant, by this Declaration of Covenants
and the land owners of the individual Lots by their acceptance of individual deeds thereto
covenant and agree with respect to the Association:
A. That for so long as each is an owner of a Lot within Commerce Park Phase
II each will perform all acts necessary to remain in good standing as a member of the
Association;
B. That each owner will be subject to the provisions of the Articles of
Incorporation of the Association; and
C. That any unpaid assessment, whether general or special, levied by the
Association in accordance with this Declaration of Covenants and the Bylaws of the
Association, shall be a lien upon the Lot upon which such assessment was levied and
shall be the personal obligation of the owner of the Lot at the time the assessment fell
due.
4. VOTING RIGHTS IN ASSOCIATION. The Association shall have members who shall
be each of the owners of Lots 2 thru 8) and shall be a nonprofit corporation. Each
member shall have one vote per lot owned by that member and the activities and
operations of the Association will be conducted in accordance with the Articles of
Incorporation and Bylaws of the Association.
5. MANAGEMENT AND ADMINISTRATION. The general management, care,
maintenance and upkeep of the detention pond and drainage system situated within the
subdivision and particularly upon Lot 1, shall be the obligation and responsibility of the
Association. These duties shall be carried out in accordance with the terms and

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conditions of this Declaration of Covenants and the Articles of Incorporation and Bylaws
of the Association, but may be delegated or contracted to independent contractors.
6. GENERAL EXPENSES. The general expenses of the Association include:
A. All amounts expended by the Association in operating, caring for, keeping
up, managing and maintaining, repairing, replacing and improving the storm water
drainage system and detention pond situated within the subdivision;
B. All amounts expended by the Association in legal, accounting,
engineering and all similar fees, which may be incurred by the Association from time to
time in performing the functions described herein in accordance with paragraph #17
Stormwater Management; and all amounts expended in any form by the Association for
enforcing this paragraph #17 Stormwater Management, the Bylaws and Articles of
Incorporation of the Association.
C. All amounts expended for purposes of operating any utilities, payment of
any taxes, inspection fees, or any other related governmental fees associated with the
operation of the common storm water drainage system and detention pond.
7. ANNUAL GENERAL ASSESSMENT. The annual general assessment levied by the
Association shall be used exclusively to improve, care for, keep up, maintain and repair
the common drainage systems and detention pond, and to pay any other expenses of the
Association including any utilities related to the common areas and the cost of any
insurance the Association determines to purchase to protect the property and otherwise
protect its members.
Each Lot owner of any Lot by acceptance of a deed for the same, whether or not it
shall be so expressed in such deed, is deemed to covenant and agree to pay to the
Association the annual general assessment as herein provided. The annual general
assessment together with interest, cost, and responsible attorney's fees, shall be a charge
and a lien on the land belonging to each owner of a Lot within the subdivision and shall
be a continuing lien on said property against which such assessment is made.
Additionally, each Lot owner shall be personally liable for the payment of the assessment
and such liability shall continue after the transfer of the Lot to a third party. The annual
general assessment as of the date of execution of this Declaration of Covenants shall be
$150.00 per Lot, per year as to Lots 2 through 8. Said amount is subject to change
annually as voted on by the owners.
8. SPECIAL ASSESSMENTS. In the event the Association shall incur any unforeseen
expense or cost related to the management, operation, upkeep and maintenance of the
storm water drainage system and detention pond, the Association shall have the right to
submit to the members a proposal for a special assessment. Such special assessment
must be considered at a meeting of the members of the Association and may only be

iiiiiiii111111uii11111110111
Image ID: 000001993059Page10rof : CAP
aK2989 PD383
assessed upon a vote of at least Two Thirds (2/3) of the members of the Association.
Special assessments shall be in addition to the annual general assessment and shall be
designed to cover matters of an extraordinary and unforeseen nature.
9. COLLECTION OF ASSESSMENTS. Any general or special assessment if not paid
within thirty (30) days after the date of such assessment is due, together with interest at
the rate of 18% per annum, cost of collection, court cost and responsible attorney's fees
shall constitute a lien against the Lot upon which such assessment is levied. The
Association may record notice of same in the Office of the Clerk of Superior Court of
Craven County or file a suit to collect such delinquent assessments and charges. The
Association may also file a Notice of Lis Pendens, bring an action at law against the
owner personally obligated to pay the same and/or bring an action to foreclose the lien
against the property. No owner may waive or otherwise escape liability for the
assessments provided herein.
The lien, as provided for herein, shall be subordinate to any lien of any mortgage
or deed of trust. Sale or transfer of any Lot shall not affect the assessment lien provided
for herein. However, the sale or transfer of any Lot which is subject to a mortgage or
deed of trust pursuant to a foreclosure proceeding shall extinguish the lien against said
Lot, but shall not extinguish the personal liability of the owner at the time the assessment
fell due. No such sale or transfer shall relieve such Lot from the lien thereof, but the liens
provided for shall continue to be subordinate to the liens of any mortgages or deeds of
trust.
10. COMPLIANCE. In the case of failure of a Lot owner to comply with the terms and
provisions contained in this Declaration of Covenants or the Articles of Incorporation
and/or Bylaws of the Association, the following release shall be available.
A. The Association or any agreed Lot owner of any Lot within the
subdivision on behalf of the Association, shall have the right to bring an action to recover
sums due, damages, injunctive relief and/or such other and further relief as may be just
and appropriate, including recovery of reasonable attorney's fees.
B. The Association shall have the right to remedy any violation and assess
the costs of remedying the same against the offending Lot owner as a special assessment.
C. If the violation is a non-payment of any general or special assessment, the
Association shall have the right to suspend the offending owner's voting rights in the
Association as well as other remedies set forth herein.
D. The remedies provided for herein are cumulative, and are in addition to
any other remedies provided by law.
E. The failure of the Association or any person to enforce any provisions of
this Declaration of Covenants, the Association's Articles of Incorporation and Bylaws,
shall not be deemed to waive the right to enforce such covenants thereafter as to the same
violation to a subsequent violation of a similar character.

iiuuu0ou111iiuuiMINuuiiNIii 111
Image ID: 00000199305911Toi : ORP
pagesK2989 Pa384
19. SEVERABILITY. Invalidation of any one of these Covenants or Conditions by Judgment
or Court Order shall in no way affect any of the other Protective Covenants and Conditions set
forth herein which Conditions shall remain in full force and effect.
20. BINDING EFFECT. These Covenants and Conditions shall run with the land and shall be
binding on all persons acquiring title to any portion of the lots set forth on the plat hereinabove
referred to unless all owners of the lots agree to change these Covenants in whole or in part.
Said Covenants shall extend from the date hereof until the 1st day of March 2021, at which time
said Covenants and Conditions shall automatically be extended for successive periods of Ten
(10) years each. These Covenants may be amended or revoked by a vote of a 2/3's majority of
the owners of each lot, one vote per lot owned in the subdivision. Such amendments or
revocations of these Covenants must be done by written instrument signed by a 2/3's majority of
the owners of lots #2 thru 48 in addition to the affirmative vote of Commerce Park, Inc. which
shall have the right to veto any such amendment or revocation, and recorded in the Office of the
Register of Deeds of Craven County.
21. ENFORCEMENT. Enforcement of the provisions of these Restrictive Covenants shall be
by a proceeding at law or in equity against any person or persons violating or attempting to
violate any Covenant or Condition contained herein. Such action may be brought by Commerce
Park, Inc. or any owner of any portion of the property either to restrain violation of the Covenant
or Condition or to recover damages for such violation. If in an action to enforce these Covenants
the Court determines that a violation of these Covenants has occurred, the Court may award
reasonable attorney's fees to the party seeking and gaining enforcement of these Covenants, said
attorney's fees to be taxed by the Court as a part of the cost of such action.
IN WITNESS WHEREOF, all parties have hereunto set their hands and adopted as their
seals, the typewritten word "SEAL" appearing after their signatures hereinbelow, and the
Corporations have caused this instrument to be signed in their corporate name by their duly
authorized officers and its seal to be hereunto affixed by authority of their Boards of Directors,
the day and year first above written. n
DECLARANTS:
dc,-�/-
�u.vc-�r� _(Seal)
A. T 4 for

6
M.
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
IIIgIgIIqIIII�q�qIIIII�III�IqIIIIiqIIIINIIIqqIIII�IIIIHII
Imapa ID: 0000019930595 Tofa13CRP
Page V BK2989 PD385
PARK, INC.
COMMERCE POND OWNERS
ASSOCIATION. INC. ,
I, Q y Q 1 1 �, K . G+W 1N S a Notary Public of the County and
State aforesaid, certify that ZACHARY TAYLOR and wife, JUDY A. TAYLOR, personally
appeared before me this day and acknowledged the due execution of the foregoing document.
WITNESS my hand and notarial seal, this the a�� day of March, 2011.
K.
k.
Y PUBLIC
My Commission Expires: 'A-1S-4
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
a Notary Public, do hereby certify that
Zachary Taylor persorfally came before me this day and acknowledged that he is President of
COMMERCE PARK, INC., a North Carolina corporation, and that by authority duly given and
as the act of the corporation, the foregoing instrument was signed in its name by its President,
szakxkza9mftx=paxift l l®c '
WITNESS my hand and notarial seal, this the � day
J-
NOTARY PUBLIC ***
My Commission Expires: z0.7O/a 4
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Image ID: 000001930597 Tvpe: CRP
Page 13 of 13
iw2989PD386
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
1, �(/C(C� eE�, L1��"e �='� a Notary Public, do hereby certify that
Zachary Taylor personally came before me this day and acknowledged that he is President of
COMMERCE POND OWNERS ASSOCIATION, INC., a North Carolina corporation, and that
by authority duly given and as the act of the corporation, the foregoing instrument was signed in
its name by its President,ssale6csmd&its��orxicaldEata�c}alcx6 nl6Yiac>Ifr cfnael�i�a�a5
k�xi�esxa�xg�
WITNESS my hand and notarial seal, this the 6i 9ka day of March, 2011.
pa�-(QM
NOTARY PUBLIC i
My Commission Expires: B z oC iS
F: CR-26 Combined Covenana 2-16-11 ztrcv 3.2. i 1

WaT o
NC®ENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
Mr. Dale Cross, Managing Partner
DDJ Investments, LLC
203 Brookview Drive
Jacksonville, NC 28540
Division of Water Quality
Coleen H. Sullins
Director
January 12, 2011
Natural Resources
Dee Freeman
Secretary
Subject: Approved Plan Addendum for the Development of the Carolina Home Medical
Project at Zachary Taylor's Commerce Park II, Lots 6, 7 & 8
Stormwater Permit No. SW7101206
Craven County
Dear Mr. Cross:
On December 28, 2010, the Washington Regional Office received a plan addendum to cover the
development of your Carolina Home Medical project on lots 6, 7 & 8 within Mr. Zachary Taylor's Commerce
Park II project. Stormwater Management Permit Number SW7101206, issued on January 11, 2011 covers the
construction of the wet detention basin in Commerce Park II. The addendum for Carolina Home Medical is
hereby approved and includes the construction of 55,333 square feet of impervious area and storrriwater
drainage to the Commerce Park II's wet detention pond. It has been determined that a formal permit
modification is not required for these proposed additions.
Please be aware that all terms and conditions of the permit issued on.Jarmary 11, 2011 remain in full
force and effect. Please also understand that the approval of this addendum to the approvedplans for the
subject State Stormwater Permit is done on a case -by -case basis. Any other changes to this project must be
submitted to and approved through the Division of Water Quality prior to construction. The issuance of this
plan addendum does not preclude the lot owner, developer or permittee from complying with all other
applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and
obtaining a permit or approval prior to construction.
If you have any questions concerning this matter, please do not hesitate to call me at [phone].
Sincerely,
Scott Vinson
Environmental Engineer
Surface Water Protection Section
K:\SAV\K-STORMWATER\PLANREVISIONS\SW7101206
cc: Mr. Bobby Billingsly, PE — Thomas Engineering
Mr. Zachary Taylor, Commerce Park II
New Bern City Planning/Building Inspections
, / Washington Regional Office
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Internet .ncwaterquahty.org
Phone: [phone] \ FAX: [phone]
FAX: [phone]
North Carolina
Naturallif
An FnDAI ODnnnunim 1 AKnoWn. ADllnn Fmnlaver

North Carolina
Beverly Eaves Perdue
Governor
Mr. Zachary Taylor, Owner
PO Box 12006
New Bern, NC 28561
Dear Mr. Taylor:
NCDENR
Department of Environment and Natural Resources
Division of \Hater Quality
Coleen H. Sullins REC C I EDSe eman
Director G �/ C Secretary
January 11, 2011
DEC 1 3 2011
Subject: Stormwater Permit No. SW7101206
Stormwater Improvements for Commerce Park II
High Density Commercial Subdivision Project
Craven County
The Washington Regional Office received a complete Stormwater Management Permit Application for
Stormwater Improvements for Commerce Park II on January 11, 2011. 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. SW7101206, dated January 11, 2011, for the construction of the project.
This permit shall be effective from the date of issuance until January 11, 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 150E of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer
27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and
binding.
If you have any questions, or need additional information concerning this matter, please contact Scott
Vinson, or me at [phone].
�
Si1 ncere, p
rAt H155d�je
Regional Supervisor'""
Surface Water Protection Section
AHlsv: S:\WQS\STORMWATER\SW7101206
cc: -"'Bobby Billingsly, PE — Thomas Engineering
City of New Bern Planning & Building Inspections
Washington Regional Office
i lonn G a rol(na Dki5ion of P:am OuaAly I:Imz1vl nFv:tlB:nullL;j cig OIli,
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>n ua!09so':uP�p .:":ldn',u'..:v:.eion _n;lgr ✓�;ati

State Stormwater Management Systems
Permit No. SW7101206
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as arnended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Zachary Taylor
Stormwater Improvements for Commerce Park II
1315 Commerce Drive, New Bern, Craven County
FOR THE
construction, operation and maintenance of a one wet detention pond in compliance
with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter
referred to as the "stormwaterrules') and the approved stormwater management plans
and specifications and other supporting data as attached and on file with and approved
by the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until January 11, 2021 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit. The subdivision is
permitted for 8 lots, each allowed a maximum of (see attached table) square feet
of built -upon area.
3. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
4. Each new lot owner within the subdivision must submit two (2) copies of the final
proposed development plans to the Division of Water Quality and receive written
plan approval prior to any construction on the lot to ensure compliance with this
State Stormwater Management Permit.
The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent surface waters.
Page 2 of 9

State Stormwater Management Systems
Permit No. SW7101206
N
The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
a.
b.
C.
d.
e.
f.
h.
all
Drainage Area, acres:
Total Impervious Surfaces, ftZ:
Average Pond Design Depth, feet:
TSS removal efficiency:
Design Storm:
Permanent Pool Elevation, FMSL:
Permitted Surface Area @PP ftZ:
Permitted Storage Volume, 0:
Storage Elevation, FMSL:
Predevelopment 1 year 24 hour:
Post development 1 year 24 hour:
Controlling Orifice:
Permanent Pool Volume, ft3:
Forebay Volume, ft3:
Maximum Fountain Horsepower:
Receiving Stream / River Basin:
Stream Index Number:
Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
3.96
122,841 to pond + (5,434sf existing)
5.00
90%
1.50
17.00
8,850
23,225 at temporary pool
19.00
4.15 cfs
2.89 cfs
1.25"0 pipe
34,486
6,478
1/8hp / 0.125hp
Wilson Creek / Neuse River
27-101-37
"C; Sw, NSW"
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(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.
The permittee is responsible for verifying that the proposed built -upon area for
the entire lot does not exceed the maximum allowed by this permit. Once the lot
transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon
area limit is transferred to the individual property owner.
If an Architectural Review Board or Committee is set up by the permittee to
review plans for compliance with the BUA limit, the plans reviewed must include
all proposed built -upon area. Any approvals given by the Board do not relieve the
homeowner of the responsibility to maintain compliance with the permitted BUA
limit.
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 rneet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
5. 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.
6. 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 the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
Page 3 of 9

Slate Stormwater Management Systems
Permit No. SW7101206
Redesign or addition to the approved amount of built -upon area.
Further subdivision, acquisition, 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.
Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
7. The permittee shall submit for approval, final site layout and grading plans for
any permitted future development areas shown on the approved plans, prior to
construction.
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.
During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
10. 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.
11. 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.
12. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function 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 re -vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
13. Records of maintenance activities must be kept by the permittee. The records will
indicate the date, activity, name of person performing the work and what actions
were taken.
14. This permit shall become void unless the facilities are constructed in accordance
with the conditions of this permit, the approved plans and specifications, and
other supporting data.
15. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7101206, as issued by
the Division of Water Quality under NCAC 2H.1000.
Page 4 of 9

State Stormwater Management Systems
Permit No. SW7101206
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is (see attached table) square feet.
This allotted amount includes any built -upon area constructed within the
lot property boundaries, and that portion of the right-of-way between the
front lot line and the edge of the pavement. Built upon area includes, but i
not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters, which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
h. Built -upon area in excess of the permitted amount will require a permit
modification.
i. The owners of lots 2-8 must submit two(2) copies of final proposed
development plans to the Division of Water Quality and receive written
plan approval to ensure compliance with State Stormwater Management
Permit Number SW7101206 prior to any construction on the lot.
j. The project and each lot will maintain a 50 foot wide vegetated buffer
between all impervious areas and surface waters.
k. Each lot owner within Commerce Park II is by ownership a member of the
Commerce Pond Owner's Association, Inc. and subject to the conditions
and requirements of the Stormwater Management Permit SW7101206.
16. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
17. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
18. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
C. The falling water from the fountain must be centered in the pond, away from
the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 1/8hp (0.125hp).
Page 5 of 9

Slate Stormwater Management Systems
Permit No. SW7101206
19. If permeable pavement credit is desired, the permittee must submit a request to
modify the permit to incorporate such language as required by the Division of
Water Quality. The request to modify must include a soils report identifying the
type of soil, the Seasonal High Water Table elevation and the infiltration rate.
Upon the successful completion of a permit modification, the individual lot owners
that request to utilize permeable pavements must submit the necessary forms
and documentation to the permittee and receive approval prior to construction of
the permeable pavement.
20. A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a completed Name/Ownership Change form signed by both parties, to the
Division of Water Quality, accompanied by the supporting 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 a request to transfer the permit.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
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 re -issuance or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
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, or terminating the permit
as allowed by the laws, rules and regulations contained in Session Law 2008-
211, Title 15A NCAC 21-1.1000, 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 clays prior to making such changes.
Page 6 of 9

State Stormwater Management Systems
Permit No. SW7101206
12. This permit shall be effective from the date of issuance until January 11, 2021.
Application for permit renewal shall be submitted 180 days prior to the expiration
dale of this permit and must be accompanied by the processing fee.
Permit issued this the 111h day of January, 2011.
CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7101206
Page 7 of 9

.-,,.
RECEIVE®
DEC 1 3 2011
®WQ WAR®
NORTH CAROLINA
Workflow No. 0000044790-0004
ININIIIUIIIMIIIIIIINIIiNI�IIQIII�lII1N1nII�IIIIiN@IIIIIINN
Imepe ID: 000001930600 Type: CRP
Recorded: 03/29/2011 et 01:31:35 Pr
Fee Amt: $22.00 P.0age 1 of 2
Revenue Tax: $00
Workflow# 8600044790-0004
Craven, NC
Sherri B. Richard Register of Deed:
sK2989 Pa389
Prepared by: Grantors
CRAVEN COUNTY Tax parcel: 8-208-9-001
Stamps: $0.00
North Carolina General Warranty Deed
(Fee Simple Subject to a Condition Subsequent)
THIS DEED, made this a9 " day of March, 2011, by and between ZACHARY
TAYLOR and wife, JUDY A. TAYLOR, whose address is PO Box 12006, New Bern, NC
28561, hereinafter referred to as Grantors; and COMMERCE POND OWNERS
ASSOCIATION, INC., whose mailing address is P.O. Box 12006, New Bern, NC, 28561,
hereinafter referred to as Grantee.
WITNESSETH:
That the Grantors, for a valuable consideration paid by the Grantee, the receipt of which
is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto the
Grantee in fee simple, subject to a condition subsequent, all that lot or parcel of land situated in
the City of New Bern, Number Eight (8) Township, Craven County, North Carolina and more
particularly described as follows:
Being all of Lot # 1 of Commerce Park Phase II, as said Subdivision is shown on a map or
plat recorded in Plat Cabinet H, Slide 120-F, Craven County Registry, which map or plat
is incorporated by reference herein.
This conveyance is subject to that Sewer Force Main Easement which was granted to the
City of New Bern in that Deed of Easement dated January 17, 2011 and recorded in Book
2980 at Page 283 of the Craven County Registry.
Restrictive and Protective Covenants: The property described in this deed and shown on
the above mentioned map of Commerce Park Phase 11, shall be used specifically for a
stormwater retention pond to serve Lots #2 thru #8 of said subdivision, and is hereby
subject to and governed by those Restrictive and Protective Covenants recorded in Book
, Page 313Q , Craven County Registry. These Covenants require that the
owner of each lot (#2 thru #8) be a member of the Commerce Pond Owners Association,
L
9

Inc. with obligations to drain their lot into the stormwater retention pond located on lot
#1, and to participate in the funding for maintaining and repairing said pond.
The Grantors' intent is to convey said Lot 1 to Grantee provided that said Lot 1 be used
as a stormwater retention pond to serve Lots 2 through 8 Commerce Park II. In the event said
Lot 1 shall not be used as stormwater retention pond servicing Lots 2 through 8 or should laws,
ordinances, rules and/or regulations governing such, eliminate the requirement or necessity of
such stormwater retention pond, the Grantors, their heirs or assigns reserves the right to re-enter
said Lot 1 and bring an action at law or equity to terminate any claim of ownership interest of the
Grantee.
TO HAVE AND TO HOLD the said lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantors covenant with the Grantee, that Grantors are seized of the premises in
fee simple, have the right to convey the same in fee simple, that title is marketable and free and
clear of all encumbrances except those mentioned above and of record, and that Grantors will
warrant and defend the title against the lawful claims of all persons whomsoever.
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and adopted as
their seals the typewritten word "SEAL" appearing after their signa es he� elo this the day
and year first above written.
(SEAL)
t- a- �� (SEAL)
Y A. AYLOR
NORTH CAROLINA
CRAVEN COUNTY
I, `CAY%IA V. C—&SVAW , a Notary Public of the County and state
aforesaid, certify that ZACHARY TAYLOR and wife JUDY A. TAYLOR personally appeared
before me this day and acknowledged the due execution of the foregoing document.
WITNESS my hand and notarial seal, this the &K day of March, 2011.
NO"I)RY PUBLIC
My commission expires=—Ir-1`fi ' NOTARI-
F:Deed LoiRl LTwPond Assoc REVISED Ill�l�lflllflllllflfll�flflfl�lll�llUlflllA�fl@flllfll Cf p�8 `XC _
Image ID: OOOOO1930601 Type. CRP
Page 2 or 2 G �•;
BK2989 PG390 "'••�",�ou><0,;,••'

THOMAS ENGINEERING, PA
CIVIL ENGINEERING.LAND DEVELOPMENT•PROJECT MANAGEMENT
US MAIL
To: NCDENR
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Al Hodge
Re: State Stormwater Permit Name Change
Stormwater Improvements for Commerce Park II
New Bern, Craven County
2010-018
Dear Al,
December 12, 2011
RECEIVED
DEC 13 2011
DWQ-WARD
Please find enclosed the ownership change forms along all documentation required to
change the owner name for Stormwater Improvements for Commerce Park II (State
Permit SW7101206) in New Bern, North Carolina.
Please review and let me know if you have any questions, concerns, or need additional
information.
Thank you,
AeOR ",�.'�`
��/�
Bobby Billingsley, PE
[e-mail]
Enclosures
Ec: Zack Taylor
401 Howell Road.P.0. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone].Website: Thomas EngineeringPA.com

DEC I I toll
0

THOMAS ENGINEERING, PA
CIVIL ENGINEERINGeI AND DEVELOPMENTePROJECT MANAGEMENT
To: NCDENR
Division of Water Quality
943 Washington Square mall
Washington, NC 27889
April 5, 2012
RECEIVED
APR - 9 2012
Attn: Scott Vinson � A /�W���O
Express Environmental Engineer DV V Q
Re: Stormwater. Improvements for Commerce Park II (SW71.01206)
Stormwater Permit M dim f� ica�tion due to Notice of Deficiency
New Bern, Craven County, NC
2010-018
Dear Scott,
Per our previous conversations please find enclosed the requested documents needed to
modify the existing State Stormwater permit to allow for the off -site areas draining to the
project. Enclosed items include your previous March 7, 2012 Notice of Deficiency
Letter, my March 22, 2012 Notice of Deficiency response letter, two (2) modification
permit applications, two (2) revised wet detention basin supplements, two (2) plan sheets
illustrating/tabulating the off -site areas, one revised Engineering Report with new
narrative and calculations, and the permit modification fee check for $505.00.
From what I can tell the only item not in compliance is the permanent pool area.
However, given the amount of capture volume and provided that we are discharging into
a ditch which provides additional treatment, we feel this is alright.
Please note that we are jointly requesting an owner name change on this project and hope
that this can be done at the same time. The modification documents are being submitted
in the current owner's name as the modification has not yet been executed.
Please review and let me know if you need anything further to address this. If you have
any questions or concerns, please advise.
Thank you,
Bey
Bobby Billingsley, PE
[e-mail]
Enclosures
401 Howell Road.P.0. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone].Website: Thomas EngineeringPA.com

`� raKgG
m v `' �

Vinson, Scott
From:
Bobby Billingsley [[e-mail]]
Sent:
Thursday, April 05, 2012 8:10 AM
To:
Vinson, Scott
Subject:
RE: Commerce Park II - Notice of Defcieny Response, SW7101206
Just a follow up on this. I am revising the documents now and you should have them by early next week. We are going
to go forward with the "paper" modification, no changes in the field.
Thanks,
Bobby Billingsley, PE
[e-mail]
www.ThomasEngineeringPA.com
,�,THOi1 AS
li.\G1N1$laa\G, PA
401 Howell Road (Physical)
PO Box 1309 (Mail)
New Bern, NC 28563
Phone: [phone]
Mobile: [phone]
Fax: [phone]
From: Vinson, Scott [ma !Ito:scott.vinson(a)ncdenr.cov]
Sent: Tuesday, March 27, 2012 3:16 PM
To: Bobby Billingsley
Cc: 'Zack Taylor'; 'Joey McLaughlin'; Hodge, Al
Subject: RE: Commerce Park II - Notice of Deficieny Response, SW7101206
Bobby,
After discussing the response with everyone, it has been determined that the Division, under these extenuating
circumstances, will allow the off -site runoff to remain draining through the wet detention pond without further
expansion of the pond. However, a permit modification will be required to both review & verify the surface areas and
volumes within the design calculations and to rewrite the permit to show the additional drainage & impervious areas.
The ownership change can be processed at this time as well. The modification will require a revised application form,
wet pond supplement, fee, narrative, revised sealed calculations and two copies of the revised sealed grading/drainage
plan sheet showing the new drainage area delineation clearing depicting the off -site impervious and drainage area
which is draining to the pond.
If a permit modification is not wanted, then the off -site drainage must be redirected away from or around the pond and
a revised grading & drainage plan sheet showing how this will occur should be submitted to the Division for approval.
Please let us know which direction you will be heading with this project as soon as possible.
If anyone has any questions, please call or write and I'll be happy to discuss further.
Sincerely,
Scott
SCOTT VINSON
NCDENR-DWQ

943 WASHINGTON SQUARE MALL
WASHINGTON, NC 27889
OFFICE:[phone]
(DIRECT:[phone]
tiw Before printing this email, please consider your budget and the environment.
*E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation.
From: Bobby Billingsley [mailto:bobbybillingsley(obthomasengineerinooa com]
Sent: Thursday, March 22, 2012 2:45 PM
To: Vinson, Scott
Cc: 'Zack Taylor'; 'Joey McLaughlin'
Subject: Commerce Park II - Notice of Deficieny Response
Scott,
Please see the attached, review, and comment.
Thanks,
Bobby Billingsley, PE
[e-mail]
www.ThomasEngineeringPA.com
47 TIIOMAS
L\(:.I\L1.RING, Pik
401 Howell Road (Physical)
PO Box 1309 (Mail)
New Bern, NC 28563
Phone: [phone]
Mobile: [phone]
Fax: [phone]
No virus found in this message.
Checked by AVG - www.ave.coni
Version: 2012.0.1913 / Virus Database: 2114/4897 - Release Date: 03/27/12

��-�
, �N 3 1 20If
FINANCIAL RESPONSIBILITY/OWNERSHIP�FORM `��g p
SEDIMENTATION POLLUTION 'CONTROL ACT �` ^ V�I �QJ G�-�p,i�RO
No person may initiate any land -disturbing activity on one or more acres as covered 'y'the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by the
Land Ouality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.)
Part A. I
1. Project Name Commerce Park II — Lot Grading I
2. Location of land -disturbing activity: County Craven City or Township #8, New Bern
Highway/Street Commerce Drive Latitude 35-05-46 N Longitude 77-05.50 W
3. Approximate date land -disturbing activity will commence: January 2010
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Commercial Lots
5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 2.5 acres +/-
6. Amount of fee enclosed: $ 195.00 The application fee of $65.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $450).
7. Has an erosion and sediment control plan been filed? Yes No Enclosed_x
8. Person to contact should erosion and sediment control issues arise during land -disturbing activity:
Name Bobby Billingsley E-mail Address Bobby BiIfIngslevt7eThomasEnglneeringPA.cam
Telephone [phone] Cell # 252.671.2408 Fax # [phone]
9. Landowner(s) of Record (attach accompanied page to list additional owners):
Zachary Taylor
Name
PO Box 12006
Current Mailing Address
New Bern NC 28561
City State Zip
252.633.5106 n/a
Telephone Fax Number
Current Street Address
I
Same
City State Zip
10. Deed Book No. 1038 Page No. 919 Provide a copy of the most current deed.
Part B.
Person(s) or firm(s) who are financially responsible for the land -disturbing activit rovide a
comprehensive list of all responsible parties on an attached sheet): 4
8 Ili P�
Zachary Taylor ZTavlort£Jsuddenlink.com
Name E-mail Address ,14N on 20(1
PO Box 12006 n/a
Current Mailing Address Current Street Address
l`�A F'eti :'C' AEcNALO F E
New Bern NC 28561 Same
City State Zip City State Zip
Telephone [phone] Fax Number_n/a

2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
Name
Current Mailing Address
E-mail Address
Current Street Address
City State Zip City State Zip
Fax Number.
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
Name of Registered Agent E-mail Address
Current Mailing Address
City State Zip
Telephone
Current Street Address
City State Zip
Fax Number
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agenfwith
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there by any change in the information provided herein.
Type or print
Owner
Title or Authority
Date
�M4 I ( a Notary Public 'of the County of �i'�1��Et�
State of4iorth Carolina, hereby certify that z�L�AY �� T0.\I (Cl appeared
personally before me this day and being duly sworn ack owled ed that the above form was
executed by him.
�� st
Witness my hand and notarial seal, this day of J G.11 , 20�
Gl"t,, pI
` kOTARj _ � �; Notary
Seal
NU®��C My commission expires—��`�`�
',�' G'c

- ua. aY • Yddi.Y ... ...� _�..
•-. • ��� ^DWQUSE ONLY.
edn m
Fee Paid k,± qCy4l
Permit Number
ti r Fcrp
S W-7 I Ot A041
Applicable Paul ^Coastal SW -1995 oastal SW - 2008 ❑ Ph II - Post Construction
(select nll that npp y E Mn-Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ Mgmt Plan:
State of North Carolina I �O
Department of Environment and Natural Resources /J
Division of Water Quality fU
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This fora[ ruay be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Stormwater Improvements for Commerce Park 11
2. Location of Project (street address):
City:New Bern County:Craven Zip:28562
3. Directions to project (from nearest major intersection):
From the intersection of Trent Road (SR 1278) and Glenburnie Road (SR 1309), travel west on Trent Road 500
ft. "Turn left Commerce Drive. Project is on the left.
4. Latitude:35° 05' 40" N Longitude:770 05' 50" W of the main entrance to the project.
It. PERMIT INFORMATION:
1. a. Specify whether project is (check one): ®New ❑Modification
b.If this application is being submitted as the result of a modification to an existing permit, list the existing
permit number , its issue date (if known) , and the status of
construction: ❑Not Started []Partially Completed* ❑ Completed* *provide a designer's certification
2. Specify the type of project (check one):
❑Low Density ®High Density ❑Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from DWQ
requesting a state Stormwater management permit application,! list the stormwater project number, if
assigned, and the previous name of the project, if different than currently
proposed,
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623'6748):
❑CAMA Major
❑NPDES Industrial Stormwater
❑Sedimentation/Erosion Control: 3.0 ac of Disturbed Area
❑404/401 Permit: Proposed Impacts
b.lf any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permitN/a
ZT
1'onn SWU-101 Version 14May2010 Page I of

III. CONTACT INFORMATION
1, a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the project):
Applicant/Organization:Zachary Taylor
Signing Official & Title:Owner
b.Contact information for person listed in item la above:
Street Address:PO Box 12006
City:New Bern State:NC Zip:28561
Mailing Address (if applicable):PO Box 12006
City:New Bern State:NC Zip:28561
Phone: (252 ) 633.5106 Fax: { )
Email:[e-mail]
c. Please check the appropriate box. The applicant listed above is:
® The property owner (Skip to Contact Information, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
❑ Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/I
Signing Official &
b.Contact information for person listed in item 2a above:
Street Address:
Mailing Address (if
City: State:
Phone: ( 1 Fax:
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization:Thomas Engineering PA
Signing Official & Title:Bobby Billingsley, PE - Project Engineer
b.Contact information for person listed in item 3a above:
Mailing Address:PO Box 1309
City: New Bern State:NC Zip:28563
Phone: (252 ) 637.2727 Fax: (252 ) 636.2448
Eniail:[e-mail]
4. Local jurisdiction for building permits: New Bern
Point of Contactlohnny Clark Phone #: (252 ) 639.7581
FonnSWU-101 VersionNMay2010 Page 2of6

IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
Paved parking sheet and gutter flows to curb drain(s). Piped to pond forebay. Outlet structure w/trash rack
outlets into existing ditch. 90% table used for sizing permanent pool.
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUD Approval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.Identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW - 1995 ❑ Ph II - Post Construction
3. Stormwater runoff from this project drains to the
4. Total Property Area: 3.96 acres
River basin.
5. Total Coastal Wetlands Area: 0 acres
6. Total Surface Water Area: 0 acres
7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project
Area':3.96 acres
* Total project area shall be calculated to exclude the folknvingg the norutal ppool of liltppounded structures, the area
between the banks ofstreants and ricers, the area below the Nonuhl High Water (NHW) title or Mean High Water
(MHW) line, and coastal wetlands landward frotrt the NHW (or MHM line. The resultant project area is used to
calculate overall percent built upon area (BUA). Non -coastal wetlands landzward of the NHW (or MPIW) litre may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area /'total Project Area) X 100
9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered
stormwater BMP. For low -density and other projects, use 1 for',the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Basin Information - .
Draina e Area 1
Draina eArea _
Draina e Area _
Draina e Area_
Receivin Stream Name
Wilson Creek
GT
Stream Class
C;Sw;NSW
Stream Index Number *
27-101-37
Total Drainage Area (so
172,329
On -site Drainage Area (so
172,329
Off -site Drainage Area (so
0
Proposed Impervious Area** (so
122,841
Impervious Area** total
71.3
Impervious** Surface Area
Draina e Area 1.
Draina e`Area
Draina e Area
braina e Area
On -site Buildin s/l.ots (so
0
On -site Streets (so
0
On -site Parking (so
0
On -site Sidewalks (so
0
Other on -site (so
0
Future (so
128,275
Off -site sf)
0
Existing BUA*** (so
5.434
Total (so:
1 $ R75-
Stream Class and Index Number can be detertoined at: http://portal. actionr.orq/roebhar)/)s/csu/classifrcatiorrs
lilttt7eroious area is defined as the built upon area including, bill not �lindled to, buildings, roads, parking areas,
siuiawalks, gravel areas, etc.
FormSWU-101 Versionl4May2010 Page 3of6

'Report only that arumtnt Of existing BUA that will remain after development. Do not report any existing BUA that
is to be removed and which will be replaced by new BUA.
11. Flow was the off -site impervious area listed above determined? Provide documentation. N/a
Projects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened &
Endangered Species iratershed that may be subject to more stringent sto'rmirater requirements as per NCfIC 02B.0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from http://12ortal.ncdenr.org/web/wq/ws/su/bmp-manual.
V1. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. A detailed application instruction sheet and BMP
checklists are available fromhttp://portal.ncdetir.org/web/wq/ws/su/statesw/forms does. Thecomplete
application package should be submitted to the appropriate DWQ Office. (The appropriate office may be
found by locating project on the interactive online map at http://portal.nc(lenr.oru/web/wq/ws/su/maEs.)
Please indicate that the following required information have been provided by initialing in the space provided for
each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for
each submitted application package fromhttl2://12ortal.ncdeiir.org/web/wq/ws/su/statesw/fornis does.
"I. Original and one copy of the Stormwater Management Permit Application Form. RLd
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Xt'd
Form. (if required as per Part VII lidelo)
3. Original of the applicable Supplement Forms) (sealed, signed and dated) and O&M R t./3
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to .00 ENO'
http://www.envhelp.org/12a2es/onestol2express.html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative (one to two pages) describing the stormwater treatment/management for L�
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the Q r-Q
receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2
mile radius on the map.
7. Sealed, signed and dated calculations. [d
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: tZ�
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NFIW line of tidal
waters, and any coastal wetlands landward of the MHW or NFIW lines.
• Delineate the vegetated buffer landward from the normal. pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
1. Details of roads, drainage features, collection systems, and sto'rmwater control measures.
m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required).
Forn1 SWU-101 Version 14May2010 Page 4of6

9. Copy of any applicable soils report with the associated SHWT elevations (Please identify Reg
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5"x1l" copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWF prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: 1038 Page No: 920
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC
Secretary of State or other official documentation, which supports the titles and positions held YIA
by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 21-1.1003(e). The
corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
htW://www.secretary.state.nc.us/Cori2orations/CSearch.aspx
VIL DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be
provided as an attachment to the completed and notarized deed restriction form. The appropriate deed
restrictions and protective covenants forms can be downloaded from
http://12ortal.ncLienr.org/web/wq/ws/su/statesw/forms does. Download the latest versions for each
submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all,the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DWQ, and that they will be recorded prior to the sale of any lot.
Vill. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority, to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer: John C. Thomas, PE
Consulting Firm: Thomas Engineering PA
Mailing Address:PO Box 1309
City:New Bern State:NC Zip:28563
Phone: (252 ) 637.2727
Email lohnThomas@ThomasEiigincerin&13A.com
Fax: (252 ) 636.2448
IX. PROPERTY OWNER AUTHORIZATION (if Con tact Information, item 2 has been filled out, complete this
Section)
1, (print or hype narne of person listed in Contact Infornnation, item 2a) certify that I
own the property identified in this permit application, and thus give�permission to (print or type narne of person
listed in Contact Infornnation, iteon la) with (point or type nacre of organization lister! in
Contact Information, item la) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal, which indicates the
party responsible for the operation and maintenance of the stormwater system.
Form SWU-101 Version 14May2010
Page 5 of 6

As the legal property owner 1 acknowledge, understand, and of
agent (entity listed in Contact Information, item 1) dissolves the
lease agreement, or pending sale, responsibility for compliance
me, the property owner. As the property owner, it is my respor
completed Name/Ownership Change Form within 30 days; ott
facility without a valid permit. I understand that the operation
permit is a violation of NC General Statue 143-215.1 and may re
the assessment of civil penalties of up to $25,000 per day, pursu
by my signature below, that if my designated
rmpany and/or cancels or defaults on their
i the DWQ Stormwater permit reverts back to
lity to notify DWQ irnrnediately and submit a
ise I will be operating a stormwater treatment
stormwater treatment facility without a valid
in appropriate enforcement action including
to NCGS 143-215.6.
a Notary Public for the State of
do hereby certify that
before me this _ day of
Date:
County of
personally appeared
and acknowledge the due execution of the application for
I stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
X. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in Contact Informmtion, item la) Za'clmnt Taulor
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be rAcorded, and that the proposed project complies with the requirements of the
applicable stormwater rules on/I SA NC;,PCAFl,,n00, SL 2006-246 (Ph. It - Post Construction) or SL 2008-211.
Date: l b —Z( —Zo1O
I, S a Notary Public for the;State of N CCounty of
do hTeref r IUr personally appeared
by certify that Z.0.
before me thisL4Aay of V C PA U and acknowle ge thhe d e execution of the application for
a stormwater permit. Witness my hand and official sea-AN-h 7Ae.f>,
SEAL
Mycommission expires 1 %—Iij
Forn1SWU-101 Version l4May2010 Page 6of6

40
Y
NODE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director :M Secretary
January 11, 2011
W`
Mr. Zachary Taylor, Owner 154k,Q.+` PJ1 0
PO Box 12006 drat Y
New Bern, NC 28561 �°
Subject: Stormwater Permit No. SW7101206
Stormwater Improvements for Commerce Park II
High Density Commercial Subdivision Project
Craven County'
Dear Mr. Taylor:
The Washington Regional Office received a complete Stormwater Management Permit Application for
Stormwater Improvements for Commerce Park II on January 11, 2011. 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 21-1.1000. We are forwarding
Permit No. SW7101206, dated January 11, 2011, for the ]construction of the project.
This permit shall be effective from the date of issuance until January 11, 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, P.O. Drawer
27447, Raleigh, NC 27611-7447. Unless such demands iare made this permit shall be final and
binding.
If you have any questions, or need additional information concerning this matter, please contact Scott
Vinson, or me at [phone].
Reg ional,Supervisor
Surface Water Protection Section
AH/sv: S:\WQS\STORMWATER\SW7101206
cc: Bobby Billingsly, PE — Thomas Engineering
City of New Bern Planning & Building Inspections
v/ashington Regional Office
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, INC 27889
An Equal Opportunity 1 Affirmative Action Employer
Internet wy wv rumaterquality.org
Phone. [phone] FAX [phone]
FAX [phone]
I
NorthCarolina
Naturallrf

State Stormwater Management Systems
Permit No. SW7101206
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION 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
Zachary Taylor
Stormwater Improvements for Commerce Park 11
1315 Commerce Drive, New Bern, Craven County
FOR THE
construction, operation and maintenance of a one wet detention pond 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 Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until January 11, 2021 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 31of this permit. The subdivision is
permitted for 8 lots, each allowed a maximum of (see attached table) square feet
of built -upon area.
The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
4. Each new lot owner within the subdivision must submit two (2) copies of the final
proposed development plans to the Division! of Water Quality and receive written
plan approval prior to any construction on the lot to ensure compliance with this
State Stormwater Management Permit.
5. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent surface waters.
Page 2 of 9

state
r Management Systems
Permit No. SW7101206
k,
t01
The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
a. Drainage Area, acres:
b. Total Impervious Surfaces, ft2:
C. Average Pond Design Depth, feet:
d. TSS removal efficiency:
e. Design Storm:
f. Permanent Pool Elevation, FMSL:
g. Permitted Surface Area @PP ft2:
h. Permitted Storage Volume, ft�:
i. Storage Elevation, FMSL:
j. Predevelopment 1 year 24 hour:
k. Post development 1 year 24 hour:
I. Controlling Orifice:
m. Permanent Pool Volume, ft3:
n. Forebay Volume, ft3:
o. Maximum Fountain Horsepower:
p. Receiving Stream / River Basin:
q. Stream Index Number:
r. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
3.96
122,841 to pond + (5,434sf existing)
5.00
90%
1.50
17.00
8,850
23,225 at temporary pool
19.00
4.15 cfs
2.89 cfs
1.25"0 pipe
34,486
6,478
1/8hp / 0.125hp
Wilson Creek / Neuse River
27-101-37
"C: Sw. NSW"
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(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.
The permittee is responsible for verifying that the proposed built -upon area for
the entire lot does not exceed the maximum allowed by this permit. Once the lot
transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon
area limit is transferred to the individual property owner.
If an Architectural Review Board or Committee is set up by the permittee to
review plans for compliance with the BUA limit, the plans reviewed must include
all proposed built -upon area. Any approvals given by the Board do not relieve the
homeowner of the responsibility to maintain compliance with the permitted BUA
limit.
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.
5. 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.
6. 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 the approved plans, regardless of size.
b. Project name change.
G. Transfer of ownership.
Page 3 of 9

r State Stormwater Management Systems
Permit No. SW7101206
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, 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.
7. The permittee shall submit for approval, final site layout and grading plans for
any permitted future development areas shown on the approved plans, prior to
construction.
3. 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.
9. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
10. 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.
11. 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.
12. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function 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 re -vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
13. Records of maintenance activities must be kept by the permittee. The records will
indicate the date, activity, name of person performing the work and what actions
were taken.
14. This permit shall become void unless the facilities are constructed in accordance
with the conditions of this permit, the approved plans and specifications, and
other supporting data.
15. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW7101206, as issued by
the Division of Water Quality under NCAC 2H.1000.
Page 4 of 9

State Stormwater Management Systems
Permit No. SW7101206
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is (see attached table) square feet.
This allotted amount includes any built -upon area constructed within the
lot property boundaries, and that portion of the right-of-way between the
front lot line and the edge of the pavement. Built upon area includes, but is
not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters, which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
h. Built -upon area in excess of the permitted amount will require a permit
modification.
i. The owners of lots 2-8 must submit two(2) copies of final proposed
development plans to the Division of Water Quality and receive written
plan approval to ensure compliance with State Stormwater Management
Permit Number SW7101206 prior to any construction on the lot.
j. The project and each lot will maintain a 50 foot wide vegetated buffer
between all impervious areas and surface waters.
k. Each lot owner within Commerce Park II is by ownership a member of the
Commerce Pond Owner's Association, Inc. and subject to the conditions
and requirements of the Stormwater Management Permit SW7101206.
16. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
17. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
18. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
c. The falling water from the fountain must be centered in the pond, away from
the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 1/81hp (0.125hp).
Page 5 of 9

State Stormwater Management Systems
Permit No. SW7101206
19. If permeable pavement credit is desired, the permittee must submit a request to
modify the permit to incorporate such language as required by the Division of
Water Quality. The request to modify must include a soils report identifying the
type of soil, the Seasonal High Water Table elevation and the infiltration rate.
Upon the successful completion of a permit, modification, the individual lot owners
that request to utilize permeable pavements must submit the necessary forms
and documentation to the permittee and receive approval prior to construction of
the permeable pavement.
20. A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a completed Name/Ownership Change form signed by both parties, to the
Division of Water Quality, accompanied by the supporting 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 a request to transfer the permit.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
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 re -issuance or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
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, or terminating 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.
Page 6 of 9

State Stormwater Management Systems
Permit No. SW7101206
12. This permit shall be effective from the date of issuance until January 11, 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 11`h day of January, 2011.
CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7101206
Page 7 of 9

State Stormwater Management Systems
' Permit No. SW7101206
Stormwater Improvements to Commerce Park II Page 1 of 2
Stormwater Permit No. SW7101206
Craven 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 a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 8 of 9

State Stormwater Management Systems
Permit No. SW7101206
Certification Requirements:
Page 2 of 2
.1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
New Bern City Planning / Building Inspections
Page 9 of 9

'l•
High Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Management Regulations, deed
restrictions and protective covenants are required for High Density Commercial Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility.
Deed restrictions and protective covenants are necessary to ensure that the development maintains a
built -upon area consistent with the design criteria used to size the stormwater control facility.
I, Zachary Taylor , acknowledge, affirm and agree by my signature below,
that I will cause the following deed restrictions and covenants, to be recorded prior to the sale of any lot
within the project known as Commerce Park Phase II
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number O o b as issued by the Division of Water Quality
under the Stormwater Manag ent Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division!of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality.
6. The maximum built -upon area per lot, in square feet, is as listed below.
Lot #
Lot Area (5f)
Lot Area (ac)
Maximum Prop. BUA (5f)
BUA(%)
1
24577
0.56
O
0.0%
2
20108
0.46
18097
90.0%
3
20134
0.46
18121
90.0%
4
20160
0.46
16144
90.070
5
20185
0.46
8167
90.0%
6
20211
0.46
16775
83.0%
7
20237
0.46
16797
83.0%
8
26717
0.61
22175
83.0%
This allotted amount includes any built -upon area constructed within the lot property boundaries.
Built upon area includes, but is not limited to, structures; asphalt, concrete, gravel, brick, stone,
slate, coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff
and directing them into a component of the stormwater collection system. Lots that will naturally
drain into the system are not required to provide these additional measures.
8. The owners of lots 2-8 must submit (2) copies of final proposed development plans to the
Division of Water Quality and receive written plan approval to ensure compliance with State
Stormwater Management Permit Number pno to any construction on the lot.
a`s s-wri plan- f-
val-fr$ the-Dlw
ek �f l�dditt
Form DRPC-1 Rev.2 05Nov2009 Page I of 2 a r l
�� 01/
�� re f4�; a.. 1� ��uU�e

High Density Commercial iSubdivisions
Deed Restrictions & Protective Convenances
9. The project and each lot will maintain a 30** foot wide vegetated buffer between all impervious
areas and surface waters.
10. Each lot owner within Commerce Park 11 is by ownership a member of the Commerce Pond
Owner'sAssociation, Inc. and subject to the conditions and requirements of SW Permit
**50 foot for projects located in the 20 coastal counties.
State of N Q—
iz-zi—zoib
a Notary Public in the
County of QklkR )Eo ,
do hereby certify that -24CN-1 hIWJ L I _ personally appeared
before me this the day of �LP rnbF� 201 (;t , and acknowledge
the due execution of the foregoing instrument. Witness my hand and
Slgna re
My Commission expires
Z� Form DRPC-1 Rev.2 05Nov2009 Page 2 of 2

Vinson, Scott
From: Bobby Billingsley [bobbybillingsley@thom'asengineeringpa.com]
Sent: Tuesday, January 11, 2011 4:07 PM
To: Vinson, Scott
Subject: RE: Commerce Park II
Attachments: image002.jpg; image003.jpg
Species are as follows:
Ar = Arrowhead (Sagittaria longiloba)
Pi = Pickerel Weed (Pontederia corada)
Sw = Sweet Flag (Acorus spp.)
I will update my plans.
Thanks,
Bobby Billingsley, PE
Bo bbyBill i ngsleyPThomasEngi neeringPA.com
www.ThomasEngineeringPA.com
�rTFIONIAS'
401 Howell Road (Physical)
PO Box 1309 (Mail)
New Bern, NC 28563
Phone: [phone]
Mobile: [phone]
Fax: [phone]
From: Vinson, Scott [mailto:[e-mail]]
Sent: Tuesday, January 11, 2011 3:39 PM
To: Bobby Billingsley
Subject: Commerce Park II
Bobby,
I finished my review and need a couple of items to help make the application complete. See the attached document.
1) Could you verify the wetland planting symbols on the vegetated shelf, they were not included on the plans?
Please also make sure the contractor also has a copy to go by.
2) Could you please email me the pre -post development calculations for the 1-yr., 24hr. peak flows that
correspond with the results given on the pond supplement form of pre=4.15cfs & post=2.89cfs.
Thanks,
Scott
NOTE': Please update your address book with my new email address Scott.Vinsononedenr.gov
`~w Please consider the environment before printing this e-mail.

*E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
No virus found in this message.
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r
� I{�
NC®®��
NR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Zachary Taylor
P. 0. 12009
New Bern, NC 28561
Subject Property:
Coleen H. Sullins
Director
January 6, 2011
Natural Resources
Dee Freeman
DWQ Project # 2010-0976
Craven County
Commerce Park, Phase 11
UT to Wilson Creek, Neuse River Basin
On -Site Determination for Applicability to the Tar -Pamlico River Riparian Area
Protection Rules (15A NCAC 213 .0259)
Dear Mr, Taylor:
At your request I conducted an on -site determination to review drainage features located
on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The project is labeled as "2010-0976" on the attached map initialed by me on
January 6, 2011. The project is located on the east side of Commerce Drive, just north of
the intersection of Commerce Drive and Trent Road
The Division of Water Quality (DWQ) has determined that the surface waters
highlighted in pink and labeled as "2010-0976" on the'iattached map are NOT
SUBJECT to the Neuse Buffer Rule. These features and any associated buffers should
be identified on any future plans for this property. The owner (or future owners) should
notify the DWQ (and other relevant agencies) of this decision in any future
correspondences concerning this property. This on -site determination shall expire five
(5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or
Delegated Local Authority that a surface water exists and that it is subject to the buffer
rude may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401
Oversight/Express Review Permitting Unit, 2321 Crabtree; Blvd., Suite 250, Raleigh, NC
27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
North Carolina Division of Watcr Quality Internet: wwwncwarem alirvorc
943 Washington Square Mall ['franc: 252-946.6481 One
Washington, NC 27889 FAX [phone] Noftqh{IC�ai-olliina
An Equal Opportunity!ArOrmative Action Employer -50%Recycled110% Post consumer Paper Naturally

I
Page 2 of 2
Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. Applicants
are hereby notified that the 60-day statutory appeal time does not start until the affected
party (including downstream and adjacent landowners) is notified of this decision. DWQ
recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition,
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any
activity within the buffers. Nor does this letter approve any activity within Waters of the
United States or Waters of the State. If you have any additional questions or require
additional information please call me at [phone].
Sincerely,
Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of 1:24,000 scale USGS topographic map, New Bern quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO Pile Copy
Bobby Billingsley, Thomas Engineering, PA; 401 11owelI Rd; New Bern, NC 28562
DLR. WaRO
USACE - Washington Field Office - Attn: William Wescott
Filename: 20IM976

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EXPRESS
DEC 28 2010
NC DENR
COMMERCE PARK II - LOT BUILT -UPON AREA SUMMARY - 5W 7 10 Ja(D6
Lot #
Lot Area (5f)
Lot Area (ac)
Maximum Prop. BUA (5f)
BUA(%)
Proposed BUA (5f)
Lot Owner
1
24577
0.56
0
0.00%
0
Commerce Pond Owners A55oaation, Inc.
2
20108
0.46
18097
90.00%
3
20134
0.46
18121
90.00%
4
20160
0.46
18144
90.00%
5
20185
0.46
18167
90.00%
6
1 2021 I
1 0.46
16775 _
_83.00%
Combined:
1 55,333
DDJ Inve5tment5,LLC
203 Brookview Drive
iJack5onville, NC 28540 [phone]
7
20237
0.46
1 6797
63.00%
8
2671 7
0.61
22175
83.00%

EXPRESS
DEC 28 2010
,iEat, THOMAS ENGINEERING, PA
CIVIL ENGIN=RINGer. * NM DEVELOPMTNTePROJECT MANAGEMENT
November 23. 2010
Re: Soil Evaluation for Stonmvater Facility Design
Storntcvater Improvements for Commerce Park It
New Bern. NC
On November 15, 2010, a hand augured soil boring was made to a depth of 60 inches
below eround level (19.5 ft) in natural soils in close proximity to the proposed
stormwater wet detention pond for the referenced project for the purpose of detenninin_
the seasonal high water table. ]'his information is needed for the design of the permanent
pool level elevation of the proposed stormwater wet detention pond for this project. The
soil type encountered was Rains tine sandy loam (Ra), which is nearly level and poorl}
drained. This soil type also coincides with the mapped soil for this area as shown in the
"Soil Survey of Craven County. North Carolina" as prepared by the US Department of
Agriculture -Soil Conservation Service. "file bore hole was left open and day to day
monitoring indicates the current water table to be at a'depth of approximately 3-1/2 feet
(Elev. 16.0') below the existing ground surface. Therefore and for the purpose of this
application, we find that the seasonal high water table is at approximate elevation of
16.0 feet.
This report
1/011 J 1 1
On_5
401 llmrell Rond.P.O. tins 1309.New Bern. NC 38563
Phone: [phone]-Far: (152)636-114S. 1i'ebsite: TliornnsEngimmringP.d.rnn+

EXPRESS
DEC 28 2010
xfE6�THOMAS ENGINEERING, PA
CIVIL ENGINTf.F.RINGeLA\'D DEVELOPMENTePROJECT MANAGEMENT
November 23.2010
Re: Soil Evaluation for Stonmvater Facility Design
Stormwater Improvements for Commerce Park 11
New Bern, NC
On November 15, 2010, a hand augured soil boring was made to a depth of 60 inches
below ground level (19.5 ft) in natural soils in close proximity to the proposed
stormwater wet detention pond for the referenced project for the purpose of determining
the seasonal high water table. This information is needed for the design of the permanent
pool level elevation of the proposed stonnwater wet detention pond for this project. 'file
soil type encountered was Rains tine sandy loan (Ra), which is nearly level and poorly
drained. This soil type also coincides with the mapped soil for this area as shown in the
"Soil Survey of Craven County. North Carolina" as prepared by the US Department of
Agricu[ture-Soil Conservation Service. The bore holewas left open and day to day
monitoring indicates the current water table to be at a depth of approximatclN 3-1/2 feet
(Elev. 16.0') below the existing ground surface. Therefore and for the purpose of this
application, we find that the seasonal high water table is at approximate elevation of
16.0 feet.
']'his report
401 llowell Rnnd.P.O. linr 1309.Nem Bern. NC 15563
Phone: [phone].Far: (252)636-144S. O'ebshe: TlzomnaEngineeringPa.cnm

THOMAS ENGINEERING, PA
CIVIL ENGINEERING•LAND DEVELOPMENT•PROJECT MANAGEMENT
Via-". Z Ii1J _ 1 December 22, 20-3
To: NCDENR
Division of Water Quality
943 Washington Square mall
Washington, NC 27889
Attn: Scott Vinson
�+��++
EXPRESS
Express Environmental Engineer
DEC 28 2010
Re: Stormwater Improvements for Commerce Park II
NC DENR
New Bern, Craven County, NC
2010-018
Dear Scott,
Please find enclosed the State Stormwater Management Permit Application for site
improvements for the above referenced project. Enclosed items include two (2) copies of
the Stormwater Management Permit Application, two (2) copies of the wet detention
supplement and checklist, two (2) copies of the wet detention operation and maintenance
agreements, one (1) copy of the stormwater management report, two (2) copies of the
SHWT report, two (2) copies of the plans, two (2) copies of the DDJ site plans (as
submitted and accepted by the City of New Bern), two (2) copies of the high density
commercial deed restriction forms, two (2) tracking tables for future lot impervious area
tabulations, two (2) copies of the deeds, and one (1) check for $4,000.00 (Check No.
9674) for the express permitted application processing fee. Per our conversations, this
project is to build a wet detention basin and storm drain pipe to serve seven adjacent
parcel's future impervious area. Total site area is 3.96 acres. Total impervious area
added at this time is negligible. Total disturbed area is approximately 0.6 acres.
Please note that plans for Carolina Home Medical at Commerce Park 1I are included in
this package and we request these plans be reviewed and accepted at this time.
Additionally the owner is applying in his personal name.
Please review and let me know if you need anything further. If you have any questions or
concerns, please advise.
Thank you, �,f��
Ae-
_"Y �7
Bobby Billingsley, PE
[e-mail]
Enclosures
401 Howell Road.P.0. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone].Website: ThomasEngineeringPkcom

607
E„PRESS'
DEC 2 � 2.010
aJleo"aw 1e
.naae AT. W
,.a q4 u
eweePI1.KG-
NORTH CAROLINA
CRAVEN COUNTY
PREPARED BY: HENDERSON & BAXTER, PI
THIS DEED, made this the day of October, 1983 by and
between VIRGEL E. ANTRY and wife, NARIE S. ANTRY, parties of the
first part of ,Craven County, North Carolina, to ZACHARY TAYLOR and
wife, JUDY A. TAYLOR,of 3509 Country Club Road, New Bern, North.
Carolina, parties of the second part;
W I T N E S S E T H:
That. the parties of:the;firat.part, for and in consideration
I�of.tbe.awp;of TBN and NO/300,(510.00)''DOLLARS and other good and
valuable con aid erationa to them in hand paid, the receipt of which
is hereby,acknowledged,.have bargained, and sold and by these pre-
sents.do bargain, sell -,,and convey unto;the said,parties of the se-
cond,part, their heir; and: assigns, in 'fee simple, all of that cer-
iain-,jot or:,parcel of land:.lying and.being situate, in Number Eight
(8) Township,,.Craven County,,North Carolina, and.being more
.particularly.•:deacrtbed;as follows. ..
All .that tract or certain parcel land situate in
Number:Eight. '(8,) Township,'. Craven County, North
.Carol ina,¢eing gq;e�,particularly described as
follows:
%-BEGINNING at.e •point�in the Northern -right-of-way
:.line bf Trent!*Road,(N.C.S.R.1278), .which, said
point.ofbeginning-is located the following courses
.,.and distances.; from.the intersection of the
centerline of Trent Road with the centerline of
Racetrack Road (N.C.S.R. 1220,); South,73° 56' 50"
East along and with the centerline of Trent Road
730.19 feet; thence North 00" 09' 20" West31.24
feet to a point in the Northern right-of-way line
of Trent Road;' thence North 73' 56' 50" West 263.00
feet to the POINT OF BEGINNING. Thence from said
point of beginning continuing',, along and with the
Northern right-of-way line of Trent Road North 73'
56' 50" West 207.26 feet to a: set iron pipe) thence

I
aaoxlG eAU92O
North 00' 0615' East 832.61 feet to a set iron
Pipe; thence North 77' 38' 00" East 203.60 feet to
an existing iron pipe; thence South 01' 34' 10"
East 98.31feet to an existing iron pipe; thence
South 01' W 40" East 169.52 feet to a set iron
pipe at the base of an old gum tree; thence South
00' 50' 20" West 665.91 feet to the point of
beginning. The foregoing description taken from
map or plat entitled "Survey for Rufus Y. MCAden,
III and wife, Nancy D. McAden and Zachary Taylor
and wife, Judy A.Taylor• dated September 9, 1981,
revised October 4, 1983 by Robert M. Chiles, P.E.
TO HAVE AND TO 'HOLD, said lands and premises unto them, the
�' 41
.;.t:lesaoPtheMgnd part, theirheira and assigns, in fee
simple, together with-'aW.prlvileges and appurtenances thereunto
belonging.
b
And the parties of the'first.part covenant to and with the
parties of the second part, their heirs and assigns, that they are
.,seised of said .lands.ln fee and have, the right to convey the same
.in fee..pimple; that the!same are free and clear of all encumbranc-
as.;. and that.they dq�hereby. warrant and will forever defend the
title, thereto;..against�,the,.lawful.claims of allpersons whomso-
ever. ..
IN -.WITNESS WHEREOF.,; the:parties of the fir at part have here-
unto eat their hands qd Aq pted as their seals the typewritten
word •SEAL", appearing after their•signaturee hereinbelow this.the
.day and year first above written:, O
(SEAL)
VIAUV IS. ANTR�—
EAL)
MARE ANTRY

aOOK1038 ?AGE921
.NORTH CAROLINA
CRAVEN COUNTY
a Notary Public in and
for sai County an State_, do e� reby certify that VIRGEL E. ANTRY
and wife, NARIE S. NTRY personally. appeared before me this day
and acknowledged the due execution of the foregoing. instrument for
the purposes.therein expressed..
Witness my hand and..Notarial Seal: this the �P day of
O��ober; 1983..

r
407
orn•on • wm r�.
,npaers.iuw
r.0 auwenu
fW 8FI11lNQP6C0 ,
NORTH CAROLINA
PREPARED BY: HENDERSON & BAXTER,
CRAVEN COUNTY
THIS DEED, made this the 1��" day of October, 1983 by and
between VIRGEL E. ANTRY, and wife, NARIE S. ANTRY, parties of the
first part of .Craven County, North Carolina, to ZACHARY TAYLOR and
wife, JUDY A. TAYLOR,of 3509 Country. Club Road, New Bern, North.
Carolina, parties of the second part;
W I T N E S S E T H:
That„the parties o,, ha,first part, for and in consideration
of:the„sum,of ,TEN and.NO(100,,($10.00) DOLLARS and other good and
valuable . considerations to them in hand paid, the receipt of which
is hereby.acknowledged,.have bargained and sold and by these pre-
sents do bargain,::sell.agd convey untol'the said ,parties of the se-
.cond;,.part, their heir;.and assigns, in fee simple, all of that cer-
tain ,lot or; parcel,of.land lying and.being situate in Number Eight
(8)Township,2.Craven County,.North Carolina, and being more
particplarly descri_bed..as follows: .:
All .1. that tract or certain parcel land situate in
Number-Eight.-(8) Township,`. Craven County, North
Carolina„being.,VPFI pergiculai•ly described as
follows:
'BEGINNING at; �ail point in they Northern right-of-way
..line of'Trent• Road-.(N.C.S.R. 1278),.which .said
point,of beginning.is located the following courses
and: distances,, from the intersection of the
centerline ofTrent Road with the centerline of
Racetrack Road (N.C.S.R. 1220); South.73' 56' 50%
East along and with. the centerline of Trent Road
730.19 feet; thence -North 00' 09' 20" West 31.24
feet to a point in the Northern right-of-way line
of Trent Road; thence North 73'; 56' 50" West 263.00
feet to the POINT OF BEGINNING:. Thence from said
point of beginning continuing along and with the
Northern right-of-way line of Trent Road North 73'
56' 50" West 207.26 feet to 'a set ironpipe; thence

North 00' 06' 15" East 832.61 feet to a set iron
pipe; thence North 77' 38' 00" East 203.60 feet to
an existing iron pipe; thence South 010 34' 10"
East 98.31 feet to an existing iron pipe; thence
South 01° 58' 40" East 169.52 feet to a set iron
pipe at the base of an old gum tree; thence South
00 50' 20" West 665.91 feet to the point of
beginning. The foregoing; description taken from
map or plat entitled "Survey for Rufus Y. MCAden,
III and wife, Nancy D. McAden and Zachary Taylor
and wife, Judy A..Taylor" dated September 9, 1981,
,revised October 4, 1983 by Robert M. Chiles, P.E.
TO HAVE AND TO 'HOLD, said lands.and premises unto them, the
x ies:of >the nd part; their heirs and assigns, in fee
simple, .together with'all privileges'and.appurtenances thereunto
.belonging.
b
And the parties of the first.part covenant to and with the
parties of the second -part, their heirs and assigns, that they are
.,seized of said.lands.inIfee and have the right to convey the same
,in fee.,simple; that the•.same are free,and clear of all encumbranc-
ee.;,and that.they; do.hereby,-warrant and will forever defend the
title:�thereto,.against,the..lawful. claims of all.persons whomso-
:evert'
IN WITNESS. WHEREOF.,; the parties of the first part have here-
unto set their hands _ d ae their eeal$;:;the•typewritten
word !SEAL".appearing.'after their signatures hereinbelow this the
.day and year first above written.;
(SEAL)
VIKUV, E:. NTRY
EAL)
lIHR S ANTRY

BOOK1038'.Pn E921
.NORTH CAROLINA -
'CRAVEN COUNTY
I, �pI»,p 0 a Notary Public in and
for sai County 'an State, odo e% rtify that VIRGEL E. ANTRY
and wife, MARIE S. NTRY personally. appeared before me this day
and acknowledged the due'execution of the foregoing instrument for
the purposes, therein. expressed..
Witness 'my hand and,. Notarial Seal -'this the kp day of
„3'9ober, 1983..
'.
FL��
o R)~m"
—. aoTAR � DeLIc
yioa exP,ires t� 3'
o
'+i�
ryM
EVIm J* 29. 1987
-
NORTH CAROLINA.
1
CRAVEN ,COUNTY
-
. The foregoing certificate of,
a
Notary Public of. Craven County, :Nor
a na, as ,certiried' to be
correct''.This" instrument was'�.prese.t
d'for registration this day
...
and initaY�p
.avenan
fiece of the 'Register: of Deeds
Crhour,
of Coundulyiq Eook�
T t _day 4f; Ooei,
�itrtl-L
1983,'at- 9u=: o'clock
4
..�• 5 M1
.. .. .
�
,a
REGISTER ' -OF UE D
sGISTER OF:DEEDS

For DENR Use ONLY
Reviewer:
Natural Resources
AgrWA North Carolina Department of Environment and
secmi`:
NC®ENR Request for Express Permit Review Time
Confirm.
FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. FAX or Email the completed form to Express
Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application package
of the project location. Please include this form in the application package.
• Asheville Region -Alison Davidson 828.296.4698;alison.davidson(alncdenr.gov
• Fayetteville or Raleigh Region -David Lee 919-791-4203; davidJee(alncdenr.gov
• Mooresville & -Patrick Grogan 704-663.3772 or patrick.grogan gnncdenr.gov
• Washington Region -Lyn Hardison 252-946-9215 or lyn.hardison(o)ncdenr.gov,
• Wilmington Region -Janet Russell 910-350-2004 or ianet.russell(dncdenr.,qov
NOTE: Project application received after 12 noon will be stamped in the following work day.
Permits of request
SW
SW
SW
SW
SW
Project Name: STORMWATER IMPROVEMENTS FOR COMMERCE PARK It County: CRAVEN
Applicant: ZACHARY TAYLOR-PRESIDENT Company: COMMERCE POND OWNER'S ASSOCIATION, INC.
Address: 1321 COMMERCE DRIVE, City: NEW BERN, Stale: NC Zip: 28562-_
Phone: [phone], Fax: _ _ 1 Email: [e-mail]
Physical Localion:NEW BERN, NC
Project Drains into WILSON CREEK waters — Water classification SC; SW: NSW (for classification see-
http://h2o.enr.state.nc.us/bims/reports/reportsWB.html)
Project Located in NEUSE River Basin. Is project draining to class ORW waters? N , within V2 mile and draining to class SA waters N or within 1 mile and
draining to class HOW waters? N
Engineer/Consultant: JOHN G. THOMAS, PE Company: THOMAS ENGINEERING, PA•• -
Address: 401 HOWELL ROAD City: NEW BERN, State: NC Zip: 28562-_
Phone: [phone], Fax: [phone], Email: [e-mail] C In
SECTION ONE: REQUESTING A SCOPING MEETING ONLY
❑ Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ DLR. ❑ OTHER:
SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING
❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ Intermittent/Perennial Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ 401 Water Quality Certification ❑ Isolated Wetland ( linear fit o r acres)
❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance
® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other
❑ Low Density ❑ Low Density -Curb & Gutter _ It Curb Outlet Swales ❑ Off -site [SW (Provide permit #)j
® High Density -Detention Pond 1 # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems
❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density —SW Wetlands _ # Treatment Systems
El High Density -Other _ # Treatment Systems / ElMOD:❑ Major El Minor ❑ Plan Revision ❑ Redev. Exclusion SW (Provide permit #)
❑ Coastal Management ❑ Excavation & FIII ❑ Bridges & Culverts ❑ Structures Information
❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
❑ Land Quality ❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed.(CK # (for DENR use))
SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting request)
Wetlands on Site ❑ Yes ❑ No
Wetlands Delineation has been completed: ❑ Yes ❑ No
US ACOE Approval of Delineation completed: ❑ Yes ❑ No
Received from US ACOE ❑ Yes ❑ No
Buffer Impacts: ❑ No ❑ YES: ac re(s)
Isolated wetland on Property ❑ Yes ❑ No
404 Application in Process wl US ACOE: ❑ Yes ❑ No Permit
For DENR use only
Fee Split for multiple Permits: (Check# '- i [.,7 t - 1 Total Fop dmnunt t ti F'Y—
SUBMITTAL DAT
S
Fee
SUBMITTAL DATES
Fee
CAMA
$
1 Variance (❑ Maj; ❑ Min)
$
IEl HD, El LID, , ❑Gen)
$ ,
G
401:
$
$
Stream Deter,_
$
NCDENR EXPRESS March 2009

iah 7/io
See D�C o a 2u+o
FINANCIAL RESPONSIBILITYIOWNERSHIP FORM
SEDIMENTATION POLLUTIONI CONTROL ACT
No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plait have been completed and approved by the
Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place NIA in the blank.)
Part A.
1. Project Name Carolina Home Medical at Commerce Park 11
2. Location of land -disturbing activity: County Craven City or Township #8, New Bern
Highway/Street Commerce Drive Latitude 35-05-00 N Longitude 77-05-50 W
3. Approximate date land -disturbing activity will commence: December 2010
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Commercial
5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 2 acres +/-
6. Amount of fee enclosed: S 130.00 . The application fee of $65.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is 5450).
7. Has an erosion and sediment control plan been filed? Yes No Enclosed x
8. Person to contact should erosion and sediment control issues arise during land -disturbing activity:
Name Bobby Billingsley E-mail Address BobbvBillingsley(a)ThomasEngineeringPA com
Telephone [phone] Cell # 252.671.2408 Fax # [phone]
9. Landowner(s) of Record (attach accompanied page to list additional owners):
Zachary Taylor
Name
PO Box 12006
Current Mailing Address
252.633.5106 nla
Telephone Fax Number
nla
Current Street Address
New Bern NC 28561
City State Zip City Slate Zip
10, Deed Book No. 1038 Page No. 919 Provide a copy of the most current deed.
Part B.
Person(s) or firm(s) who are
financially
responsible for the land -disturbing activity
(Provide a
comprehensive list of all responsible
parties
on an attached sheet):
DDJ Investments, LLC
DCrossCHMnyahoo.ccuf
Cn
\ ./Pi
.
Name
E-mail Address . �'r
• V V
203 Brookview Drive
same DEC o
7 7019
Current Mailing Address
-Current Street Address
Jacksonville NC
28540
Same 1-VAF Huy ;Same ;-G���'t�f
l i�i1�f 1 i�if
City State
Zip
City State
Zip
Telephone [phone] Fax Number 252.514.2254

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2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
Mailing Address
City State Zip
Telephone
E-mail Address
Current Street Address
City State Zip
Fax Num
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
Name of Registered Agent
Current Mailing Address
City State Zip
E-mail Address
Current Street Address
City
Fax Number
2
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there by any change in the information provided herein.
Dale Cross Managing Partner - DDJ Investments, LLC
Type or print nam Title or Authority
&01_v� - - Z'2h A2 -0
Signature Date
a'&C lVNotary Publiic` of the County of
/ILL State of North Carolina, hereby certify that l alily appeared
personally before me this day and being duly sworn acknowledged that the above form was
executed by him.
Witness my hand and notarial seal, this day of 20 10
Notary
Seal ((�� __
My commission expires �O