SW8991202_CURRENT PERMIT_20091105

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 q O T02
DOC TYPE
® CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 oog i to 5
YYYYMMDD

�r
NC®ENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 5, 2009
David A. Horton, Director
Horton Commercial Association, Inc.
710 Arendell Street
Morehead City, NC 28557
Subject: Stormwater Permit No. SW8 991202 Renewal
Horton Commercial Association, Inc.
High Density Subdivision Project
Carteret County
Dear Mr. Horton:
Natural Resources
Dee Freeman
Secretary
The Wilmington Regional Office received a complete Stormwater Management Permit Renewal
Application for Horton Commercial Association, Inc. (formerly David Horton Commercial Park)
on September 25, 2009. The Division is hereby notifying you that permit SW8 991202 has been
renewed on November 5, 2009, and shall be effective until March 29, 2020.
The renewal and reissuance of this stormwater permit does not imply that the site is currently in
compliance with the terms and conditions of this state stormwater permit. The plans previously
approved on March 29, 2000, in accordance with the regulations set forth in Title 15A NCAC
21-1.1000 effective September 1, 1995, shall remain in full force and effect.
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
Steve Pusey, or me at [phone].
Sin erely,
Zey
Georgett SA' colt
Stormwater Supervisor
Division of Water Quality
GDS/sgp:
S:\WQS\STORMWATER\PERMIT\991202ren.nov09
cc: C.T. Clayton, PE
Steve Pusey
Wilmington Regional Office
Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX [phone] Customer Service: 1-877623-6748 NOItjlCarOjllla
Internet: www.ncwaterquality.org w Iry��sKNry���
An Equal Opportunity l Affirmative Action Employer (//�YJl1

November 5, 2009
Horton Commercial Association, Inc.
SW8 991202
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
David A. Horton & Horton Commercial Association, Inc.
Horton Commercial Association, Inc.
(formerly David Horton Commercial Park)
Little Nine Drive & High Street & Horton Street, Morehead City, Carteret County
FOR THE
operation and maintenance of wet detention pond and a sand filter in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules')
and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
The permit is hereby renewed subject to the following addendums, clarifications,
conditions and limitations:
1. The original permit conditions contained in the permit issued on March 29,
2000 remain in full force and effect, except as amended herein. (An additional
copy of this original permit can be obtained from the Division of Water
Quality, Wilmington Regional Office.)
2. This permit shall be effective from the date of issuance until March 29, 2020.
3. The permittee shall submit a permit renewal application request at least 180
days prior to the expiration date of this permit. The renewal request must
include the applicable documentation and the processing fee.
4. Decorative spray fountains are allowed in a wet detention pond,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 a fountain in this pond is 1/6 horsepower.
e. A fountain is not allowed if the permanent pool volume of the pond is less
than 30,000 cubic feet.
If the use of permeable pavement is desired, this permit must be modified to
add the permeable pavement conditions.
2

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT RENEWAL APPLICATION FORM
,111is- fivnn rnaq be plrotornhird %nr use as nn original
1. GENERAL INFORMATION
1. Stormwater Management Permit Number: SW �9 (I ZOZ
2. Permit Holder's name (specify tle nanl/e of the corporation, individual, etc.):
a
3. Print Official's name and title Gerson legally responsible for permit):
/wwineer/Signing
,\ f- Ah4,70k/ �.011,, ey(Ll4tr JSoc v c.ii _Li9<.�
4. Mailing Address for person listed in item 2 above
-71 j CG1:e14de11 S7`-.
City: %%l0 S> 4 Q State: /I/L, 'Lip:
c%aK V 7 —
Phone: ( dl/ 5 Z) s d y- ItiG Fax: 9R14 C'F'I"V'i�
Email:_�r,I,JY/tw! -77 C./i+h<<,r;,ehil , 7L44
SEP
5. Project Name: _�f}✓i0
2 5 2009
-
6. Location of Project (street address):
fir_ �ti Sy7
�/j✓jtNeS>reP_7!`;
City: /�'L ril<L�e 2-c% CGZ` County: �ia���c. lv�i-- _.
Lip: E5�
7. Directions to project (from nearest major intersection):
_ V 71) F-g.srV-h
it. PERMIT INFORMATION:
I. Specify the type of slormwater treatment ❑Constructed Wetland ❑Bioretention ❑Wet Detention Basin
❑Dry Detention Basin Infiltration Basin ❑Infiltration Trench ❑Sand Filter ❑Other:
2. List any changes from project that was of approved (attach additional pages if needed):
Fo1i1 SWU-102 (Renewal Form) Version 02.16.0) Page 1 (43

•3. Do you have a copy of the original Operation and Maintenance Agreement? (check one)
=cs (If yes, submit the attached (page 3) Operations and Maintenance verification sheet
❑No (If no, then submit a new Operations and Maintenance Agreement that can be located on the
Division of Water Quality Nome Page under the BMP Manual link:
http://h2o.enr.state.iic.us/sti/bmp—fornis.litni)
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Office. (Appropriate office m;iv he found by locating project on the
interactive. online map at lilt .p://h2o.enr.s(alc lieLh
c us/su/nisi_maps
1. Please indicate Thal you have provided the following required information by initialing in the space provided
nest to each item.
I titials
• Original & 1 copy of the Slornnvaler Management Per Renewal Application porn
• Application fee of $900.00 (made payable. to NCDENR)
• Operation & Maintenance Verificalion or a new O&M Agreement
• SWU-101 Application Form (if requesting a modification to the perorit) __�i/jFJ
• Transfer of Ownership/Name Change Form (i(rrqucstin,e h'nnsfe'ra(oeoocisilip)
VI. APPLICANT'S CERTIFICATION
I, (print or hype name ofperson listed in General Information, item 3) D jty_ elf 1.� t/
certify that the information included on This permit renewal application is, to the best of my knowledge, co
rrectand complete. /_,
Signatu
Dale. i� �3 O
Form SWU-102 (Renewal Form) Version 02.I6.09 Page 2 of-1

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STATE STORMWATER PERMIT
NAME/OWNERSHIP CHANCE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: ,5W g']Q I Z 0 Z
2. Permit Holder's name:
3. Signing official's name: Title: A1041E
(person legally respon ible for permit)
Mailing address: ln0�isr City: //cp�1/cL¢!L lc_7in
State:lv(-ZipCode:D�L5 7 Phone: S-Z 5-0V-/TIP4 Fax:
(Area Code and Number) (Area Code and Number)
11. NEW OWNER / PROJECT / ADDRESS INFORMATION
1. This request is for: (please check all that apply)
( a. Change in ownership of the property/company (Please complete Items #2, #3, and
#4 below).
❑ b. Name change of project (Please complete Item #5 below)
❑ c. Mailing address change. (Please complete Item #4 below)
❑ d. Other (please explain):
2. New owner's name to be put on permit: 1;b112-;0N
3. New Signing official's name: /,fj�/ Title: �?iuciv�
(person legally responsible for permit)
4.l New Mailing address: 7/0 &We6 ! S1. City:
/ State: %yL ZipCode: a�s3`7 Phone: a5a6Z Fax:
(Area Code and// Number)) (Area Code and Number)
5. New Project Name to be placed on permit: # k7l As6tit—,Z4_ -a/ fry, c,
Wilmington Regional Office
127 Cardinal ones Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: wvvw.ncwaterquality.org
An Equal Opponunity 1 Affumative Action Employer
Page I of 2
NorthCarolina
Naturally

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT
WATER QUALITY UNLESS ALL OF THE
ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
This completed form.
BE ACCEPTED BY THE DIVISION OF
APPLICABLE ITEMS LISTED BELOW
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit.
An Operation and Maintenance plan, signed by the new applicant, if a system that requires
maintenance will change ownership.
Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF
OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT
PERMITTEE'S CERTIFICATION.
Current Permittee's Certification:
I, 4"'e, , attest that this application for a name/ownership
change has, been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as incomplete.
Signature: ,wQ 1i� Date: %z3
New Applicant's Certification: (Must he completed for all transfers of oemership)
/LT 41 .mru �J> la that a 1
I> � �� � � /,S 0�°; at�est hat this application for aname/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as incom etc.��JJ//�
Signature: Date: 9-23-09
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING
ADDRESS:
NCDENR Division of Water Quality
Surface Water Protection Section — Stormwater
127 Cardinal Drive Extension
Wilmington, NC 28405
Name Ownership Change Form — 021209
Page 2 of 2

Operations and Maintenance Verification
I acknowledge and agree by my signature below that I am responsible for the performance of the
maintenance procedures listed in the original Operations and Maintenance Agreement. I agree to notify
DWQ of any problems with the system or prior to any changes to the system or responsible party.
Print name: Ton/ �e%yjev��� r�SoucY4asv, Ziic
Title: ,((//411 /i&-mU
Address: 710 4, ryemk/.l S-1•
Phone:
Signature: �fAotetX
Date: l/ o23—D 9
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold
q r.Gs,tdent of th�ubdivisi9n has been named [he president
� =ryPublicfor the State of dw�/�
County of do hereby certify that J�& Abl'rem-1
i
[�,OAJ�E72Cii'iG F}SSDC.��T%O�✓ .lR/C.
personally appeared before me this day ofT and acknowledge the due
execution of the forgoing stonnwater BMP main lance requirements. Witness my hand and official
seal,
M KOE
�t&trrnrtr �%�i� /yf • ��
0
ra NOS P C Z =
My commission expires: %
Form SWU-102 (Renewal Form) Version 02.16.09 Page 3 of 3

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Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be pliotocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwaler management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details. 1
I. PROJECT INFORMATION
Project Name: David A. Horton
Contact Person: 'David A. Horton Phone Number: ( 252 )444-1 355
For projects with multiple basins, specify which basin this worksheet applies to: 1 �
elevations
Basin Bottom Elevation 1 6.0 ft. (floor of the basin)
Permanent Pool Elevation 22.0 ft. (elevation of the orifice)
Temporary Pool Elevation 23.8 ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 12550 sq. ft. (water surface area at the orifice elevation)
Drainage.Area 9.41 ac. (on -site and off -site drainage to the basin)
Impervious Area 6.56 ac. (on -site and off -site drainage to the basin)
volumes
Permanent Pool Volume 45.1.53. cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume 24837 cu. ft. (volume detained above the permanent pool)
Forebay Volume k9.433_, cu. ft. (approximately 20% of total volume)
Other parameters
SA/DA t
Diameter of Orifice
Design Rainfall
Design TSS Removal 2
2.9
211 in.
1 " in.
(surface area to drainage area ratio from DWQ table)
(2 to 5 day temporary pool draw -down required)
85 % (minimum 85% required)
Form SWU-102 Rev 3.99 Page 1 of 4

r ,
Footnotes:
I When using the Division SA1DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of,Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCA62H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification..
Applicants Initials
Z�A a. The permanent pool depth is between 3 and 6 feet (required nunimum of 3 feet).
DAr/- b. The forebay volume is approximately equal to 20% of the basin volume.
,Z)lq,9' c. The temporary pool controls runoff from the design storm event.
41� d. The temporary pool draws down in 2 to 5 days.
ZAAl- e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations)
f. The basin length to width ratio is I reater than 3:1.
/) N g. The basin side slopes above the pe: manent pool are no steeper than 3:1.
h. A submerged and vegetated.perim-ter shelf with a slope of 6:1 or less (show detail).
DA tt" i. Vegetative cover above the permanent pool elevation is specified.
j. A trash rack or similar device is provided for both the overflow and orifice.
ZXA k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
'PA 1. 1f tl:U btu.^ is used for sed m.ent erngipn cnnrrol during construction, clean out of the
�
basin is specified prior to use as a wet detention basin.
y�
! r"' in. A mechanism is specified which will drain the basin for maintenance or an emergency:
I1I. WET DETEN'11ON BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention b5sin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one)V r',oes 0 does not incorporate a vegetated filter at the outlet.
This system (check one) (S dues 0 does not incorporate pretreatment other than a forebay.
Forni SWU-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
L After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed.
2. Repair,eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of,the original design depth (see diagram below). Removed sediment shall be disposed
oEin an?a ppropriate,manner and shall be handled in,a manner that will not adversely impact water••quality
(i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to deterntine,thesediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 4 . 5 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 2. 25 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 22.
0
Sediment Re oval El. 19 - 75 175 o
______________ V _ Sediment Removal Elevation 1 7 . 5 75%
Bottom Ele anon 19 .0 %--------------------------------------------- -----
Bottom Elevation1 6-0 25%
FOREBAY MAIN POND
5. ,''Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to.the maximum extent practical.
Form S W U-102 Rev 3.99 Page 3 of 4

All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: `. �Ar/iD 1i/trDN
Address: I / z 8 C I jVle N" vc l )�-
o) S- 2. - -72c, — S—! 9 r—
Signature:
nnta• ';) —/- 0 d
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and
a resident of the subdivision has been named the president.
I, 067T'/ P • 5 ✓TIT , a Notary Public for the State of dear# 64vw4
County of CXA/ do hereby certify thatAN10 /762TD�•l
� personally appeared before me this A day of h,' Y and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
NOTARY '
PUBfuIC ��•``
co
11"pnnattnt"�
SEAL
My commission expires IZ-05- 200 1
Forin SWU-102 Rev 3.99 Pave 4 of 4

> David A. Holton Subdivision
Carteret County
Stormw•uer Proicct No SW8 991202
Desi(,ner's Certification
1, . /f, as a duly registered. i in the
State of North Carolina, ha, m eicci2iauthorized to observe (eriodic ,/\\,cckl),/full time) the construction of the
project,
(Project)
(Project Owner) hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the project construction such that the construction was observed lobe
built within substantial compliance and intent of the approved plans and specifications.
Required Items to be checked for this certification to be considered complete are oil page 2 of this form.
Noted deviations fi'om approved plans and specifications:
000eooee
J V
Signature C� . / e SEAL
°s 89%
Registration Number
Date 14 — m — 00

Certification Requirements:
'I'hc drainage area to the system contains approximately the permiticd,acreagc.
Z
I'he drainage area to the system contains no more than the permitted amount of built -upon area.
k/ 3. All the built -upon area associated with the project is graded such that the runoff drains to the system.
" 4. The outlet/bypass structure elevations are per the approved plan.
V✓5. The outlet structure is located per the approved plans.
&'�O. Trash rack is provided on the outlet/bypass structure.
✓7. All slopes are grassed with permanent vegetation.
P 8. Vegetated slopes are no steeper than 3:1.
9.
The inlets are located per the approved plans and do not cause short-circuiting of the system.
10� The permitted amounts of surface area and/or volume have been provided.
Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
V 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay.
_Z4. The overall dimensions of the system, as shown on the approved plans, are provided.
S:ANN�QS\S'1'ORN,-[N,IAT\]-ORA4S\PECLRT.POIZ
cc: NCDI NR-D\\'Q
Katrina Marshall, Carteret County Building Inspector

DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS
HORTON COMMERCIAL PARK
THIS DECLARATION is made October 2, 2000 by the current owners
the property described below, David A. Horton and wife, Karen D.
ton, hereinafter jointly referred to as the "Declarants."
STATEMENT OF PURPOSE
Declarants are the owners of property located in Morehead
Township, Carteret County, North Carolina, more particularly
described as follows and referred to hereinafter as the
"Subdivision": .
Beginning at a point in the western right of way line of
Little Nine Drive (NCSR 1601) at the southeast corner of
Lot 12 of Little Nine Subdivision according to the plat
thereof recorded in Map Book 18, Page 97, Carteret
County Registry. From said point or place of beginning
run thence with the western right of way line of Little
Nine Drive S 06-38-30 W 50 feet to a point; thence N 83-
21-30 W 243.89 feet to a point; thence S 02-36-45 E
156.16 feet to a point marked by a concrete control
monument; thence S 87-49-21 W 298.81 feet to a point
marked by a concrete control monument; thence N 00-39-38
W .23.42 feet to a point; thence N 82-42-10 W 37.45 feet
to a point; thence N 82-46-40 W 308.75 feet to a point;
thence S 03-07-00 W 162.07 feet to a point; thence N 86-
50-55 W 104.10 feet to a point in the eastern right of
way line of a 60 foot easement (referenced in Deed Book
478, Page'46, Carteret County Registry; thence with the
eastern right of way line of said easement N 03-06-48 E
approximately 634 feet to a point in the corner of the
Holler (now or formerly) property; thence S 71-15-15 E
213.10 feet to a point; thence N 03-07-00 E 188.65 feet
to.a point; thence S 71-15-15 E 514.28 feet to a point;
thence S 02-24-13 E 92.76 feet to a point; thence S 02-
31-06 E 188.07 feet to a point; thence S 83-21-30 E
252.04 feet to the point or place of beginning. This
property has been divided into fifteen numbered lots, a
storm water retention pond, and streets, and is shown on
the final plan of "Horton Commercial Park" prepared by
Brad L. Suitt and Associates, P.A., dated June 16, 2000
a copy of which is recorded in Map Book 29, Pages 286A
and 286B, Carteret County Registry.
The plat referenced above is referred to hereinafter as the
Each numbered lot depicted on the Plat is referred to
nafter as a "Lot" or in the plural as the "Lots."
oil
BOOK ��� PAGE

- 2 -
The Subdivision shall be known as "Horton Commercial Park."
The Declarants desire that the Subdivision be developed as a
mercial subdivision. In order to provide for the preservation
values of Lots within the Subdivision and to provide maintenance
environmental features, the Declarants choose to subject the
division, together with such additions as may hereinafter
.axed hereto, to the covenants, restrictions, and easements
einafter set forth. Further, Declarants deem it desirable for
efficient preservation of such values and features to create an
incy for administering the provisions hereof. To this end,
1arants have incorporated or will incorporate under the laws of
State of North Carolina a corporation, designated the Horton
imercial Association, Inc. (the "Association"), for the purpose
exercising the functions set out herein.
STATEMENT OF DECLARATION
NOW, THEREFORE, the Declarants declare that the Lots in the
vision, are and shall be held, transferred, sold, conveyed and
ied subject to the covenants, restrictions, easements, charges
iens hereinafter set forth.
ARTICLE I
PROPERTY RIGHTS
1.1 CONVEYANCE SUBJECT TO RESTRICTION. All Lots within
Subdivision shall hereafter be subject to the covenants,
rictions, easements, and conditions herein set forth which are
the benefit of, binding upon, and shall run with the land, and
for the benefit of the Declarants, the Association, and the
rs of said Lots, and the heirs, successors, and assigns of
1.2 GRANT OF COMMON AREAS. Declarants covenant that
will convey the streets, sediment basin, and an easement in
drainage easements to the Association within a reasonable time
r the Association is formed. The streets, however, will be
cated to the public and offered to the town of Morehead City
inclusion as municipal streets, and the conveyance of such
ets to the Association will be subject to such dedication.
1.3 OWNER'S EASEMENTS. Every owner of a Lot within the
ivision shall have a non-exclusive easement for purposes of
ass, egress, and regress across all streets within the
ivision. Further, every owner of a Lot shall have a non-
usive interest in all drainage easements shown on the plat of
subdivision for purposes of natural drainage of each Lot. Said
rest will include the right to keep drainage features within
drainage easements open and functioning for the purposes
nded. Such interest will not include the right to install
600 � F'A,( E� 66�_.

- 3 -
additional drainage features off owner's Lot or to modify existing
drainage features off the owner's Lot without the consent of the
Association. Further, no owner of a Lot may interfere with
drainage or drainage features within the drainage easement across
his Lot.
LOT RESTRICTIONS
2.1
USES. Use of each
Lot within the
Subdivision shall
conform
to the zoning and land
use ordinances
of the Town of
Morehead
City as such ordinances are amended from
time to time.
2.2 TRASH. No refuse or trash shall be kept, stored,
or allowed to accumulate on any Lot except in suitable trash or
other refuse containers.
2.3 TOPOGRAPHY. Changes in the topography of any Lot,
or construction of impervious surfaces on a Lot, that result in an
increase of rain water run off onto adjacent Lots or properties are
prohibited. This restriction, however, shall not prevent changes
in topography or construction of impervious surfaces when rainwater
is diverted into the drainage easement in such a fashion as to have
no negative effect on surrounding Lots or properties.
ARTICLE III
RIGHTS OF THE ASSOCIATION
3.1 POWERS OF THE ASSOCIATION. To the extent the
following activities are not performed by the town of Morehead
City, the Association may maintain, repair, replace and otherwise
improve streets within the Subdivision, all drainage easements and
drainage features and structures therein within the Subdivision.
3.2 STORM WATER MANAGEMENT. The Association shall
maintain the storm water management features of the Subdivision as
provided in Article IX hereinafter.
3.3 MISCELLANEOUS RIGHTS. The Association shall have
all rights described in this Declaration.
K1%**k*AAD%+I
RESERVED RIGHTS OF DECLARANTS
4.1 EASEMENT RIGHTS OF DECLARANT. The Declarants
reserve unto themselves, their successors, and assigns, easements
for ingress, egress and regress over all streets within the
Subdivision and Declarants reserve a non-exclusive easement in all

- 4 -
drainage easements within the Subdivision but only to the extent
any additional use of the drainage easement will in no way, manner
or form compromise the storm water or sediment management features
and permits for the Subdivision.
4.2 GENERAL UTILITY EASEMENTS. Declarants reserve
general non-exclusive utility easements sixteen feet in width along
all street boundary lines and ten feet in width along the back and
sides of each Lot in the Subdivision for purposes including, but
not limited to, water, sewer, electrical, television, telephone,
and gas. Declarants may grant to third party utility providers
general or specific easements within the reserved areas.
4.3 RIGHT TO AMEND. In addition to other rights
reserved to Declarants, Declarants reserve the right to
unilaterally amend this Declaration:
(a) To clarify ambiguities or inconsistencies
contained herein; or
(b) to add or delete any incidental provision
deemed in the sole .discretion of Declarants to be in the best
interest of the Subdivision.
Declarants' rights to amend set forth in this section shall
continue so long as Declarants own any Lot within the Subdivision,
or for twenty five years from the recording hereof, whichever is
the first occurring event. In the event Declarants amend this
Declaration, such amendment will be recorded in the Carteret County
Registry a copy filed with the Association.
ARTICLE V
M'M[BF'RSHIP AND VOTING RIGHTS WITHIN THE ASSOCIATION
5.1 MEMBERSHIP. Every owner of a Lot within the
Subdivision shall be a member of the Association. Membership shall
be appurtenant to and may not be separated from ownership of any
Lot.
5.2 VOTING. The Association shall have two classes of
voting membership:
(a) Class A. Class A members shall be all owners,
with the exception of Class B members. Each Lot owned by Class A
members shall carry one vote in the Association. If more than one
person holds an interest in any Lot, all such persons shall be
members; however, the vote for such Lot shall be determined by the
owners of the Lot among. themselves. But, in no event, shall more
than one vote be cast with respect to any Lot owned by Class A
members and no fractional vote may be cast.

- 5 -
(b) Class B. The Class B member shall be the
Declarants. The Class B member shall be entitled to three votes
for each Lot the Declarants own. The Class B membership shall
cease, subject to revival upon additional land being annexed to the
Subdivision pursuant to this declaration, and to be converted to
Class A membership, on the happening of the first to occur of the
following:
(i) When the total votes outstanding in Class A
membership equal or exceed the total.votes outstanding
in Class B membership; or
(ii) January 1, 2010.
ARTICLE VI
COVENANT FOR ASSESSMENT
6.1 ASSESSMENT. Each Lot is subject to assessment by
the Association and the owner of each Lot by acceptance of a deed
therefore, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association:
(i) Regular assessments or charges;
(ii) Special assessments.
All such assessments to be established and collected as hereinafter
provided. All assessments will be determined by the Board of
Directors of the Association.
6.2 ASSESSMENT LIEN/ PERSONAL OBLIGATION. All
assessments levied by the Association, and any installment thereof,
together with interest, costs, and reasonable attorney's fees, if
unpaid for a period of thirty (30) days after the due date, shall
constitute a lien on the Lot against which such assessment is made
when filed of record in the Office of the Clerk of Superior Court
of Carteret County in a manner provided therefore by Article 8 of
Chapter 44, of the General Statutes of North Carolina (or any
replacement article and/or chapter). The Association's lien may be
foreclosed in like manner as a mortgage on real estate under power
of sale under Article 2 A of Chapter 45 of the General Statutes of
North Carolina (or any replacement article in Chapter) with the
Association being deemed as holding power of sale. Each such
assessment, together with interest, costs and reasonable attorney's
fees, shall also be the personal obligation of the person(s) who is
the Owner of such Lot when the assessment, or installment thereof,
comes due. The personal obligation for- a delinquent assessment
shall not pass to the successors in title of an owner unless
expressly assumed by them.

- 6 -
6.3 PURPOSES OF ASSESSMENT. Assessments levied by the
Association shall be used exclusively to maintain the streets,
street rights of way, drainage easements, storm water and sediment
management features of the Subdivision, utility services within the
Subdivision, and to enforce or administer the terms and provisions
of this Declaration.
6.4 COMMENCEMENT OF ASSESSMENT. No minimum or specific
regular or special assessment is being established by Declarants.
The Association, at such time its Board of Directors deems
appropriate, will determine the amount of any regular or special
assessment and the due date and payment terms thereof. The Board
of Directors may levy special assessments without ever levying
regular assessments.
6.5 RATE OF ASSESSMENT. Both regular and special
assessments shall be fixed in a uniform rate for all Lots; unless,
activities on one or more Lots generate expenses to the Association
that are not typical through the Subdivision, in which case the
Association will have the authority to place a specific assessment
against such Lot or Lots to recover such expenses.
6.6 AFFECT OF NON PAYMENT OF ASSESSMENT. Any
assessment, or installment thereof, not paid within thirty (30)
days after the due date shall bear interest from the date due at
the rate of twelve percent (12%) per annum, and shall be subject to
a late charge of $25.00. The Board of Directors shall have the
right to declare the entire balance of an assessment payable in
installments to be immediately due and payable in the event of
default in payment of any one installment. In addition to the
assessment and interest, the owner shall be liable for all costs of
collecting such assessment, including the Association's actual
reasonable attorneys fee and court costs. All such interest, late
charges and cost of collection shall be deemed to be an additional,
assessment hereunder and shall be a lien on the Lot. The
Association may bring an action at law against the owner personally
obligated to pay the same without waiving any right to foreclose
the lien against the Lot.
6.7 SUBORDINATION TO THE LIEN OF MORTGAGES. The lien
for the assessments provided for herein shall be subordinate to the
lien of mortgage or deed of trust duly recorded prior to the time a
claim of lien is filed with the Clerk of Superior Court of Carteret
County. Sale or transfer of any Lot shall not affect the
assessment lien so filed. However, any contract purchaser of a Lot
shall be entitled, on written request to the Association, to a
statement in writing from the Association setting forth the amount
of any unpaid assessment against the Lot and any such purchaser
shall not be liable for, nor shall the Lot conveyed be subject to a
lien for, any unpaid assessments against the Lot in excess of the
amount set forth in such statement levied prior to the date of the
BOOK .�

- 7 -
statement. The sale or transfer of a Lot pursuant to foreclosure
(or proceeding in lieu thereof) of a mortgage senior in priority to
the assessment lien, shall extinguish the lien of such assessment
as to the amounts which came due prior to such sale or transfer.
No sale or transfer shall relieve such Lot from liability for any
assessments, or installments of assessments not previously due,
thereafter becoming due or from any lien therefor.
ARTICLE VII
PUBLIC DEDICATION
7.1 STREETS. The Declarants will offer the streets
within the Subdivision for dedication to the public and to the Town
of Morehead City for inclusion in the municipal street system of
said town. Until such dedication is accepted by the town, and the
town commences maintenance thereof, the Association will maintain
same. The town will have the right to extend the streets to other
properties and to cause additional streets to be connected to the
Subdivision streets.
7.2 WATER/SEWER. The Declarants will offer to
transfer all water and sewer lines they install in the Subdivision
to the town of Morehead City. Until the town accepts such
transfer, the Association will maintain same.
ARTICLE VIII
ANNEXATION
8.1 ANNEXATION BY DECLARANTS. The Declarants reserve
the right to annex to the Subdivision any property Declarants now
own or hereafter acquire adjacent to or near the Subdivision
without the consent of other Lot owners. Declarants shall annex
such property by filing an amended declaration in the Office of the
Register of Deeds for Carteret County. Notwithstanding this right,
Declarants shall be under no obligation, express or implied, to
annex additional lands, and, by its execution of this Declaration,
has in no way restricted the future use of such additional
properties.
8.2 ANNEXATION WITH APPROVAL OF OWNERS ASSOCIATION. In
addition to annexations of property by the Declarants, the
Association, by action of its Board of Directors, may approve the
annexation of additional properties into the Subdivision by the
request of the owners thereof. Such annexation will be evidenced
by an amended declaration and executed by the Owners Association
and the owner of such annexed property being recorded in the
Carteret County Register of Deeds Office.

ARTICLE I%
STORM WATER PERMIT
9.1 PERMIT. The following covenants are intended to
insure ongoing compliance with state storm water management permit
number SW8 991202 issued by the North Carolina Department of
Environment and Natural Resources, Division of Water Quality
("DENR"). The covenants set forth in this article may not be
changed or deleted without the consent of the State of North
Carolina.
(a) The following is a chart which establishes the
maximum impervious area for each Lot. No more than the square
feet set forth for each Lot on such chart Lot shall be covered
by structures or impervious materials. Impervious materials
include asphalt, gravel, concrete, brick, stone, slate or
similar materials but do not include wood decking or the water
surface of swimming pools.
Lot No. Maximum Square Feet
of Impervious Area
1 15,032 square feet
2 14,518 square feet
3 15,145 square feet
4 14,072 square feet
5 13,990 square feet
6 13,908 square feet
7 17,515 square feet (or such
additional square footage as
DENR may approve)
8 13,894 square feet
10 15,475 square feet
11 16,790 square feet
12 19,375 square feet
13 19,016 square feet
14 22,366 square feet
BOOK

15
16
18,159 square feet
14,586 square feet
(b) Swales shall not be filled in, piped, or altered
except as necessary to provide driveway crossings.
(c) Built upon area in excess of the permitted amount
requires a state storm water management permit modification
prior to construction.
(d) All permitted run off from out parcels for future
development shall be directed into the permitted storm water
control system. These connections to the storm water control
system shall be performed in a manner that maintains the
integrity of the performance of the system as permitted.
9.2 COMPLIANCE WITH STORM WATER PERMIT. At such time
as the Declarants have conveyed nine Lots in the Subdivision, or,
June 1, 2005, whichever is earlier, the Association shall assume
responsibility for maintaining compliance with storm water permit
number SW8 991202.
9.3 AMENDMENTS. Declarants reserve the right to amend
this declaration or any supplement hereto, to keep the Subdivision
and each Lot therein in compliance with state storm water
regulations. Such amendments may include additional restrictions
and easements. Therefore, notwithstanding any provision to the
contrary in this declaration, Declarants shall have the absolute
right, in its sole discretion, to amend this declaration to include
any and all such restrictions and or easements required by DENR as
a part of its approval of the storm water plan for the Subdivision.
Any such amendment shall become operative and binding upon all
owners, and their properties when set forth in an amendment or
supplement to this Declaration and recorded in the Office of the
Register of Deeds of Carteret County, North Carolina. The
Association shall have the obligation and responsibility of
thereafter enforcing this Declaration as amended in accordance with
such additional restrictions and storm water plans.
9.4 ENFORCEMENT. The State of North Carolina through
DENR or its successor, is given specific authority to enforce this
Declaration to the extent necessary to cause compliance with
impervious surface limitations imposed by the North Carolina
Coastal Storm Water Regulations. The remedies available to the
State of North Carolina include, without limitation, the remedy of
specific performance.

- 10 -
ARTICLE X
GENERAL PROVISIONS
10.1 GENERAL ENFORCEMENT. The Declarants, the
Association, or any owner, shall have the right to enforce, by any
proceeding at law or at equity, all restrictions, conditions,
covenants, reservations, liens and charges now or hereafter imposed
by the provisions of this Declaration. Failure by the Declarants,
the Association, or by any owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver
of the right to do so thereafter.
10.2 VARIANCES. The Declarants until such time as they
have conveyed nine Lots in the Subdivision, and thereafter the
Association, shall have the right to grant variances from the terms
of this Declaration upon a specific finding that the variance will
not harm values of Lots within the Subdivision. The variance shall
be recorded in the Carteret County Register of Deeds Office and
shall specifically set forth the terms of the variance. No
variance in any way shall affect Article IX regarding the storm
water permit compliance.
10.3 DURATION/AMENDMENTS. This Declaration shall
continue in full force and effect until 12:00 noon on June 1, 2010,
at which time is shall be automatically extended for successive
periods of ten years, unless a document terminating this
Declaration is recorded prior to any renewal date in the Office of
the Register of Deeds of Carteret County. Termination shall
require the written consent of twelve of the owners of Lots within
the Subdivision. This Declaration may be amended at any time with
the approval of the owners of ten Lots within the Subdivision by
written ballot cast at a meeting of the members of the Association
or -by document bearing the signatures of the requisite number of
such owners. No amendment shall .be effective until reduced to
writing and recorded at the Carteret County Registry. No amendment
shall alter the rights reserved to the Declarants without
Declarants' written consent. Further, Article IX (Storm Water
Permit) shall not be amended without the written consent of DENR.
10.4 BINDING EFFECT. All covenants, restrictions,
reservations, easements, and privileges contained herein shall run
with the land and each Lot owner, by accepting any deed to a Lot,
accepts the same subject to this Declaration and its terms and
conditions and agrees for himself, his heirs, successors and
assigns to be fully bound by each and all of the terms and
conditions of this Declaration jointly, separately, and severally.
10.5 RUNS WITH THE LAND. With this Declaration, shall
run with each Lot and shall bind and inure to the benefit of the
Owner of each Lot.

10.6 GENDER. As used herein the masculine, feminine,
and neuter genders and interchangeable, and the singular includes
the plural, all as required by context.
10.7 HEADINGS. The headings or titles herein are for
convenience only and shall not affect the meaning or interpretation
of the contents of this Declaration.
IN WITNESS WHEREOF, the undersigned have hereunto set their
hands and seals the day and year first above written.
��. (SEAL)
KAREN D. HORTON
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, the undersigned, a notary public in and for said state and
county, do certify that David A. Horton and wife, Karen D. Horton,
appeared before me this day and acknowledged the due execution of
this instrument.
Witness my official seal or stamp this the ZY day of
October, 2000.
(SEAL)AP
✓I n 6v6
t"•�'t''c''` ..,• ,�' s ✓ rozary ruaiia/ � / � —
���`a��c��sibyyn`
Melanie Arthur lip
rT Carteret County Register of Deeds
MA Date- 10/05/2000 Time 15:00:00
flIFCAROLINA, CARTERETCOUNTY OR 89246E page 1 of 11
bled ioobno corrtect This, of instrument andlthis)Ware
ceR fi-
HI»fYln»
s Catare'duly. registered at the date and time and in
Book'and Page shown on the first page hereof.
Melanie Arthur egister of Deeds
neVhlar of DaeCs

R��u2�` 9J Melanie Arthur 2P
l Carteret County Register of Deeds
MA Date 10/16/2000 Time 15:49:00
OR 893344 Page 1 of 2
AMENDMENT TO DECLARATION
HORTON COMMERCIAL PARK
This Amendment to Declaration is made for purposes of
reference on October 16, 2000, by David A. Horton and wife, Karen
D. Horton, hereinafter jointly referred to as the "Declarants."
STATEMENT OF PURPOSE
Declarants executed and recorded a "Declaration of Covenants,
Restrictions and Easements - Horton Commercial Park" dated October
2, 2000 recorded in Book 892, at page 466, Carteret County Registry
(the "Declaration"). In the description of the property subject to
the Declaration, incorrect page numbers were referenced with
respect to the recording information on the plat of the
subdivision. The purpose of this amendment is to correct this
information.
STATEMENT OF CORRECTION
The Declarants, as the owners of the property subject the
Declaration, do hereby amend and correct the Declaration as
follows:
In the description of real property contained on the first
page of the Declaration, the last sentence is changed to read as
follows:
"This property has been divided into fifteen numbered
lots, a storm water retention pond, and streets, and is
shown on the final plat of "Horton Commercial Park"
prepared by Brad L. Suitt and Associates, P.A., dated
June 16, 2000, a copy of which is recorded in Map Book
29, Pages 826A and 826B, Carteret County Registry."
In all other respects the Declaration is ratified and remains
in full force and effect.
�q� �vu
Boorx�- ��� C�J/

-2-
In testimony whereof the Declarants have executed this
instrument.
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
1.1..LU% (.e Zly (SEAL)
DAVID A. HORTON
O � � . �L' �(SEAL)
KAREN D. HORTON
I, 6rld/co E turepi• , a Notary Public of the County
and State aforesaid, certify that David A. Horton and Karen D.
Horton perlsonally appeared before me this day and acknowledged the
due execution''of the foregoing instrument. A
eWitness my hand and official stamp or seal, this ay of
October, 2000.
lli/vV��"
to Public
My
Commission Expires:
Et
,
NORTH CAROLINA. CARTERET COUNTY (s) were
rr �t
The fore ping certiricate+s) 04 Notary
This instrument and this ceri
F�
k
certified •.o he correct.
at the date and time and in
rad
care are duiy registered hereof.
On'n' ti s4 page
itM
the gook and Page shown
F fi. r
Ztpo
800��3 PAGE