SW8020830_HISTORICAL FILE_20110804

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 U20&3C�
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
201 t 0 $ 0y
YYYYMMDD

�,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 4, 2011
Mr. Patrick Paul Joyce, Manager
Fort Benjamin Commons, LLC
PO Box 190
Newport, NC 28570
Subject: State Stormwater Management Permit No. SW8 020830
Newport Triangle Commercial Subdivision
High Density Commercial Subdivision Project
Carteret County
Dear Mr. Joyce:
The Wilmington Regional Office received a complete modified State Stormwater Management
Permit Application for the Newport Triangle Commercial Subdivision on July 27, 2011. Staff
review of the plans and specifications has determined that the project, as proposed, will comply
with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW8 020830, dated August 4, 2011, for the construction, operation and
maintenance of the subject BMP's and built -upon area associated with the subject project.
This permit shall be effective from the date of issuance until March 13, 2013, 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 by filing a petition with the Office of Administrative
Hearings (OAH). The petition must conform to Chapter 150E of the North Carolina General
Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. A
petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The OAH accepts filings Monday through Friday between the hours of 8:00
a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax)
or electronic mail by an attached file (with restrictions) - provided the signed original, one (1)
copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the OAH
within seven (7) business days following the faxed or electronic transmission. Unless such
demands are made this permit shall be final and binding. You should contact the OAH with all
questions regarding the filing fee and/or the details of the filing process. The mailing address,
telephone and fax numbers for the Office of Administrative Hearings are: 6714 Mail Service
Center, Raleigh, NC 27699-6714. Telephone [phone]. FAX [phone].
If you have any questions, or need additional information concerning this matter, please contact
Christine Nelson, at [phone].
Sincerely,
:S'. k
For Coleerf'Sullins, Director
Division of Water Quality
GDS/ can S:\WQS\Stormwater\Permits 8 Projects\2002\020830 HD\2011 08 permit 020830
cc: Ronald Cullipher, Stroud Engineering
Town of Newport Inspections Wilmington Regional Office
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone[phone] \ FAX [phone] \ Customer Service. 1-877-623-6748 North Caroli na
Internet �.ncxaterqualily org �/�Nry//
An Equal Opponumty lAKrmarive Action Employer (/ V a'�L l all'I,

State Stormwater Management Systems
Permit No. SW8 020830
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY COMMERCIAL 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
Fort Benjamin Commons, LLC
Newport Triangle Commercial Subdivision
Between Highway 70 and East Chatman St., Newport, Carteret County
FOR THE
construction, operation and maintenance of three (3) wet detention ponds in compliance
with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater
rules') and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until March 13, 2013 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. The subdivision is permitted for ten (10) lots, each limited to a maximum amount
of built -upon area as indicated in Section 11.17 (f) of this permit.
3. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.7 of this permit. The runoff from all built -upon
area within the permitted drainage area(s) of this project must be directed into
the permitted stormwater control system. The wet ponds designated as Pond 1,
Pond 2, and Pond 3, have been designed to treat the runoff from 416,399,
244,360, and 636,003 square feet of impervious area, respectively.
4. The entire subdivision will be limited to a maximum of 1,296,762 square feet of
built -upon area.
5. A vegetated filter strip is not required for this pond as it has been designed for a
90% total suspended solids removal efficiency.
Page 2 of 9

State Stormwater Management Systems
Permit No. SW8 020830
6. Prior to the discharge of stormwater runoff from any lot into the approved
stormwater system, the permittee shall ensure that the proposed development on
the lot is covered by a separate Offsite Stormwater Management Permit.
7. The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
Pond 1
Pond 2
Pond 3
a. Drainage Area, acres:
Onsite, ft2:
Offsite ft2:
10.62
89,472
373,194
6.23
114,388
157,123
16.22
179,870
526,800
b. Total Built -Upon Area, .
Onsite, ft2:
Future Onsite, ft2:
Offsite ft2:
416,399
11,000
77,199
328,200
244,360
30,000
24,360
190,000
636,003
50,000
0
586,003
c. Design Storm, inches:
1.0
1.0
1.0
d. Pond Design Depth, ft:
7.0
7.0
1 7.0
e. TSS removal efficiency:
90%
90%
90%
f. Permanent Pool Elevation, FMSL:
29.5
29.0
23.0
g. Permanent Pool Surface Area, :
21,554
18,981
31,575
h. Permanent Pool Volume, ft :
89,334
76,211
144,809
i. Foreba Volume, ft :
18,153
17,440
31,454
. Storage Volume, ft:
34,030
20,792
52,702
k. Temporary Storage Elevation, FMSL:
30.9
30.0
24.5
I. Controlling Orifice, inch 0 pipe:
2.5
2.0
3.0
m. Fountain Horsepower, HP:
1/3
1 1/4
1/2
n. Receivin Stream / River Basin
Snows Swamp Branch/White oak
o. Stream Index Number:
21-12
Classification of Water Body:
I C
II. SCHEDULE OF COMPLIANCE
No lot owner/developer shall alter any component of the approved stormwater
drainage system shown on the approved plans, unless and until the Division has
approved of the revised plan.
2. The permittee is responsible for the routine monitoring of the project for
compliance with the built -upon area limits, grading, and the storm drainage
system established by this permit, the permit documents, the approved plans,
and the recorded deed restrictions.
3. The permittee shall review all individual proposed and modified lot plans for
compliance with the conditions of this permit. The permittee shall not approve
any lot plans where the maximum allowed built -upon area has been exceeded, or
where revisions to the grading or to the storm drainage system are proposed
unless and until a permit modification has been approved by the Division.
4. The permittee shall notify any lot owner that is found to be in noncompliance with
the conditions of this permit in writing, and shall require timely resolution.
5. 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.
Page 3 of 9

State Stormwater Management Systems
Permit No. SW8 020830
6. 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.
7. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Redesign or addition to the approved amount of built -upon area or
drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, 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.
d. Alteration of any aspect of the approved stormwater drainage system
and/or the approved stormwater BMPs.
e. The construction of any permitted future development areas shown on the
approved plans.
8. The Director may determine that other revisions to the project should require a
modification to the permit.
9. All stormwater collection and treatment systems must be located in either public
right-of-ways or dedicated common areas or recorded easements. The final plats
for the project will be recorded showing all such required right-of-ways, common
area, and easements, in accordance with the approved plans.
10. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
11. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
12. 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.
13. 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.
14. The facilities shall be constructed as shown on the approved plans. 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.
Page 4 of 9

State Stormwater Management Systems
Permit No. SW8 020830
15. 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 and
specifications.
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.
16. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
17. 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 SW8 020830, 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.
f. The maximum built -upon area per lot is as follows:
Lot #
Drains toMU'Aft
Pond #1
1
2
1
3
1
4
2
5
2
6
3
94,250
7
3
107,750
81
3
75,000
9
3
61,5-0
10
3
247,503
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.
Page 5 of 9

State Stormwater Management Systems
Permit No. SW8 020830
g. All runoff from the built -upon areas 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. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the Stormwater Rules
is subject to enforcement procedures as set forth in G.S. 143, Article 21.
j. Each lot within the subdivision whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management Permit
application package to the Division of Water Quality and receive a permit prior
to any construction on the lot.
19. 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.
20. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The project and stormwater facility must be in compliance with all
permit conditions. Any items not in compliance must be repaired, replaced, or
restored to design condition prior to the transfer. Records of maintenance
activities performed to date will be required.
21. If the permanent pool volume is greater than 30,000 cubic feet, a decorative
spray fountain 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 Pond
1, Pond 2, and Pond 3 are 1/3, 1/4, and 1/2 HP, respectively.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
At least 30 days prior to a change of ownership, or a name change of the
permittee or of the project, or a mailing address change, the permittee must
submit a completed and signed Name/Ownership Change form, to the Division of
Water Quality, accompanied by the supporting documentation as listed on 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. Neither the sale of
the project in whole or in part, nor the conveyance of common area to a third
party constitutes an approved transfer of the permit.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit. The permittee shall maintain a copy of
the permit, O&M Agreements, and the approved plans at all times.
Page 6 of 9

State Stormwater Management Systems
Permit No. SW8 020830
4. 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.
5. 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), which have jurisdiction.
6. In the event that the facilities fail to perform satisfactorily, 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.
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. The Permittee grants permission to staff of the DWQ to access the property for
the purposes of inspecting the stormwater facilities during normal business
hours.
9. 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 2006-
246, Title 15A NCAC 2H.1000, and NCGS 143-215.1 et.al.
10. The permittee shall submit a permit renewal application at least 180 days prior to
the expiration date of this permit. The renewal request must include the
appropriate documentation and the processing fee.
Permit modified and reissued this the 4th day of August, 2011.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 020830
Page 7 of 9

Master Permit No. SW8 020830
Lot # from
Master Permit
Drains to
Pond #
Offsite Permit No.
Date Issued
Offsite Project Name
Allocated
BUA
Proposed
BUA
1
1
SW8 020901
3/3/2003
Coastal Community
Action Office
43,200
34,983
2
1
135,000
3
1
150,000
4
2
110,000
5
2
80,000
6
3
94,250
7
3
107,750
8
3
75,000
3
61,5E00
109
3
247,503
S:\WQS\Stormwater\Permits & Projects\2002\020830 HD\2011 08 master table 020830

State Stormwater Management Systems
Permit No. SW8 020830
Newport Triangle Commercial Subdivision
Stormwater Permit No. SW8 020830
Carteret County
Designer's Certification
Page 1 of 2
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
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. SW8 020830
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
Town of Newport Building Inspections
Page 9 of 9

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Permit Num cr
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Applica e Rules: ❑ Coastal SW -1905 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction
(select all that apply) ❑ Non -Coastal SW- HQW /ORW Waters ❑ Universal Stormwater Management Plan
❑ Other WQ M mt Plan:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may 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.):
Newport Triangle Commercial Subdivision
2. Location of Project,(street address):
Frontage on both Highway 70 West & East Chatham Street
City:Newport County:Carteret Zip:28570
3. Directions to project (from nearest major intersection):
Travel approximately 5 miles on Hwy 70W from the intersectin of Hwy 70 & Hwy 24. Take right on Hibbs Rd
(SRI141) 0.1 mile to Joyce Avenue, follow to McQueen arriving at project site
4. 6titude:34* 45' 56" N Longitude:76° 51' 27" W of the main entrance to the project.
II. 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 SW8 020830 , its issue date (if known) 3/3/2003 , 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):
❑LAMA Major ❑Sedimentation/Erosion Control: _
❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts
ac of Disturbed Area
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:
ED
JUL 2 7 2011
B = I
FormSWU-101 Version07.1un2010 Page Iof6

'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 oroiect):
Applicant/Organization: Fort Benjamin Commons, LLC
Signing Official & Title: Patrick Paul Joyce, Manager
b.Contact information for person listed in item la above:
Street Address:6994 Highway 70
City: Newport State: NC Zip: 28570
Mailing Address (if applicable): P.O. Box 190
City: Newport State: NC Zip: 28570
Phone: ( 252 ) 223-3171 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
Signing Official &
b. Contact information for person listed in item 2a above:
Street Address:
City:
Mailing Address (if
City:
Phone: (_ )
State:
State:
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
Signing Official &
b.Contact information for person listed in item 3a above:
Mailing Address:
Phone:
Fax: ( )
JUL 2 7 2011
Form SWU-101 Version 07Jun2010 Page 2 of 7

4. Local jurisdiction for building permits: Town of Newport
Point of Contact: Bob Chambers Phone #:
IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
Three previously approved wet detention basins will treat the stormwater runoff. This modification is
to move the location of Pond 1. however not adding any additional BUA or drainage area to the pond
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 PUDApproval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.If claiming vested rights, 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 White Oak River basin.
4; Total Property Area: 34.22 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':
34.22 acres
Total project area shall be calculated to exclude the following the normal pool of imppounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water
(MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to
calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may be
included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 86.99 %
9. How many drainage areas does the project have?3 (For high density, count 1 for each proposed engineered
stormwater BMA. 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.
Form SWU-101 Version 07Jun2010 Page 3 of 7

IV. PROIECT INFORMATION
1. In the s'Nce provided below, briefly summarize how the stormwater runoff will be treated.
2. a. If claiming vested rightt§,
❑ Approval of a Site Spe
❑ Valid Building Permit
❑ Other:
the supporting documents provided and the date they were approved:
=_lopment Plan or PUD Approval Date:
Issued Date:
b.If claiming vested rights, identify the r irat
❑ Coastal SW -1995 ❑ Ph II - Pos
3. Stormwater runoff from this project drains to
4. Total Property Area: 34.22 acres
the project has been designed in accordance with:
River basin.
Total Coastal Wetlands Area: 0 acres
dotal Surface Water Area: 0 acres
Total Property Area (4) - Total Coastal Wetlands Area (5) - t rface Water Area (6) = Total Project
Area*: 34.22 acres
Total project area shell be calculated to exclude the following: the noru ool of imppounded structures, the area
between the banks of streams and rivers, the area below the Normal Hi h ater (NHW) Ime or Mean High Water
(MHW) line, and coastal wetlands landward from the NHW (or Ml I lie . he resultant project area is used to
calculate overall percent built upon area (BLIA). Non -coastal wetlands Ian dwa of the NHW (or MHW) line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) 00 = 86.99 %
9. How many drainage areas does the project have?3 (For high density, count I for each prop ed engineered
stormwater BMP. For low density and other projects, use I for the whole property area)
10. Complete the following information for each drainage area identified in Project Information ite 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information each area
provided in the same format as below.
Basin Information
Drainage Area 1
Drainage Area 2
Drainage Area 3
Drainage Area _
Receiving Stream Name
Snows Swamp
Branch
Snows Swamp
Branch
Snows Swamp
Branch
Stream Class *
C
C
C
Stream Index Number *
21-12
21-12
21-12
Total Drainage Area (so
462,666 sf
271,511 sf
706,670 sf
On -site Drainage Area (sf)
89,472 sf
114,388 sf
179,870 sf
Off -site Drainage Area (sf)
373,194 sf
157,123 sf
526,800 sf
Proposed Impervious Area**(so
416,399 sf
244,360 sf
636,003 sf
% Impervious Area** total
90%
90%
90%
Impervious'* Surface Area
Drainage Area 1
Drainage Area 2
Drainage Area 3
Drainage Area _
On -site Buildings/ Lots (so
On -site Streets (sf)
11,000 sf
30,000 sf
50,000 sf
On -site Parkin s
On -site Sidewalks (sf)
Other on -site (s
Future (sf)
77,199 sf
24,360 sf
Off -site (so
328,200 sf
190,000 sf
586,003 sf
Existing BUA***(so
i
Total (so:
416,399 sf
244,360 sf
1 636,003 sf
* Stream Class and Index Number can be determined at: {ittp:Oportal.ttcdetrr.or hag ebhoq[ps/csu/classifications
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 07Jun2010 Page 3 of 6

Ba ' Information
Drainage Area 1
Drainage Area 2
Drains e Area'3
Drainage Area =
Recet ' Stream Name
Snows Swamp
Branch
Snows Swamp
Branch
Snows Swamp
Branch
Stream Class
C
C
C
Stream Index Numb
21-12
21-12
21-12
Total Drainage Area (sf)
462,666 sf
271,511 sf
706,670 sf
On -site Drainage Area (sf)
462,666 sf
271,511 sf
706,670 sf
Off -site Drainage Area (sf)
0 sf
0 sf
0 sf
Proposed Impervious Area" (sf)
41 ,. 9 sf
244,360 sf
636,003 sf
% Impervious Area"" (total)
90"/"Yn
90%
90%
\9
Impervious'" Surface Area
-Drains e Area 1
Dr ' Area 2
Drains e Area 3
Drainage -Area _
On -site Buildings/Lots (so
328,200 sf
1
586,003 sf
On -site Streets (sf)
11,000 sf
30,000 s
50,000 sf
On -site Parking (sf)
On -site Sidewalks (sf)
Other on -site (sf)
24,360 sf
Future (sf)
77,199 sf
Off -site (sf)
Existing BUA*** (sf)
Total (sf):
416,399 sf
244,360 sf
636,003 sf
* Stream Class and Index Number can be determined at: ltttp://portal.ncdenr.ory oeb/wq/ps/csu/classifications \
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
*** Report only that amount 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. How was the off -site impervious area listed above determined? Provide documentation.
Projects in Union Count v:Contact DWQ Central Office staff to check if the project is located within a Threatened &
Endangered Species watershed that may be subject to more stringent .rtormwater requirements as per NCAC 02B .0600.
V. SUPPLEMENT AND O&M FORMS ��CEIVED
The applicable state rtormwater management permit supplement and operation and ma nt�itance CORIM form
must be submitted for each BMP specified for this project. The latest versions of the orms can be downloaded
from http://portal.ncdenr.org/web/wq/ws/su/bmp-manual. BY.
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 from http://12ortal.ncdenr.org/web/wq/ws/su/statesw/forms does. The complete
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 htto://portal.ncdenr.org/web/wq/ws/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 ham://12ortal.ncdenr.org/web/wq/ws/su/statesw/forms does.
Initi IS
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants �QYS1�
Po(if required as per part VII below)
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
httn:/Zwww.envhelp.orgLpages/onestopexpress.html for information on the Express program c
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.) I�
Form SWU-101 Version 07Jun2010 Page 4 of 7

5. A detailed narrative (one to two pages) describing the stormwater treatment/management for l
the project. This is required in addition to the brief summary provided in the Project
Information, item 1.
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 waters within 1h mile of the site boundary, include the'k
mile radius on the map.
7. Sealed, signed and dated calculations.
8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dat d�$icludingAg`j�i
a. Development/Project name.
b. Engineer and firm. JUL 2 7 2011
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow. BY.
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 NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW 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 stormwater 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). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify LL
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"xll" 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 SHWT prior
to submittal, [phone].) r
10. A copy of the most current property deed. Deed book: '"� J 8 Page No: 113
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
by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 2H.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.
httl2://www.secretary.state.nc.us/Corl2orations/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
ice://12ortal.ncdenr.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.
Form SWU-101 Version 07Jun2010 Page 5 of 7

VIII. 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: Ronald D. Cullipher, P.E.
Consulting Firm: Stroud Engineering, P.A.
Mailing Address: 151-A Hwy 24
City: Morehead City State: NC Zip: 28557
Phone: ( 252 1 247-7479
Email: [e-mail]
Fax: ( 252 ) 2474098
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
I, (print or type name of person listed in Contact Information, item 2a) , certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item 7a) with (print or type name of organization listed 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.
As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to
me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a
completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment
facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid
permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including
the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
a Notary Public for the State of County of
do hereby certify that
before me this _ day of
stormwater permit. Witness my hand and official seal,
SEAL
personally appeared
and acknowledge the due execution of the application for a
My commission expires
REC'q:TVED
JUL 8 7 2011
BY:
Form SWU-101 Version 07Jun2010 Page 6 of

X. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in Contact Information, item la) Patrick Paul on ce, Manager
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of the
applicable storm ter r sunder N C .1000, SL 2006-246 (Ph. II — Post Construction) or SL 2008-211.
Signature: pp Date:
a Notary Public for the State of NO r+ h e4 ro jfh,Q—ounty of
ta
L' a r we j do hereby certify that f 4 +v i C tV P0.ti I So yC- C personally appeared
before me this L5- $ay of J: ,� �. , A 0 I I , and acknowledge the due execution of the application for a
stormwater permit. Witness my hand and official seal, ¢7�
SEAL
My commission expires I - c�—1 - l3
JUL 2 7 Z011
Form SWU-101 Version 07Jun2010
Page 7 of 7

JUL 2 7 2011
STATE OF NORTH CAROLINA CARTERETCOLINTY
i
RESTATED PROTECTIVE COVENANTS
FORT BENJAMIN COMMONS
These restated Protective Covenants are dated for reference only this 25t" day of July 2011, and are
made by Fort Benjamin Commons, LLC, a North Carolina limited liability company ("Declarant'), with the
joinder of Crystal Coast Hospice House, a North Carolina non-profit corporation ("Hospice') and Coastal
Community Action, Inc., a North Carolina non-profit corporation ("Action"). Hospice and Action are
jointly referred to herein as "Owners."
Declarant is the developer of a tract of land known as Fort Benjamin Commons, located in the City of
Newport, North Carolina (the "Tract'). Developer was issued a Coastal Stormwater Management Permit
(SW8 010209) (the "Permit') authorizing creation of a certain stated amount of impervious surface on
the Tract, as specified in the Permit, based upon certain conditions, including construction and
maintenance of storm water ponds.
Declarant has now conveyed two parcels within the Tract to Owners, and Declarant is preparing to
construct the storm water ponds required by the Permit to accommodate construction on these parcels.
Declarant and the Owners have also determined that some reallocation of the allowed impervious
surface, and a slight relocation of one of the ponds, is in the best interest of all of the parties executing
this document, and would be consistent with applicable rules and regulations governing storm water
management in coastal North Carolina. Declarant therefore, with the consent of Owners, is seeking to
renew and modify the Permit as more fully set out hereinafter.
The Tract is shown on that plat recorded in Map Book 30, Page 610, Carteret County Registry. These
Protective Covenants shall encumber all of the property described therein, including the property
owned by Hospice, referred to as Lot 3 (see deed recorded in book 1376, page 96, Carteret County
Registry, for a complete description) and by Action, referred to as Lot 1 (see deeds recorded in book
990, page 495 and book 1090, page 389, Carteret County Registry, for a complete description).
Declarant and Owners, for themselves and for all successors in title and interest to any portion of the
Tract, acknowledge and agree that the benefits and restrictions as contained in the Permit and as stated
in these Protective Covenants, to the extent applicable to property within the Track owned by such
parties, shall be and are binding upon all of such parties.
Therefore Declarant, with the joinder of Owners, for their benefit and for the benefit of the owners from
time to time of all lots within the Tract, and with the objective of preserving and value of each such lot,
and to control storm water runoff from each lot and from the Tract, and to restrict utilization of the

Property as required by the Permit hereby subjects the Tract to the provisions of these Protective
Covenants, for the use and benefit of all present and future owners of lots within the Tract. These
Protective Covenants shall run with the land and shall bind and enure to the benefit of the owner of
each lot within the Tract. It is expressly understood and agreed that these Protective Covenants may be
enforced by Declarant, by either Owner, by the owner of any other land within the Tract, and by the
State of North Carolina, as the State of North Carolina is expressly intended to be a beneficiary of these
Covenants.
The specific covenants and restrictions imposed by this instrument are as follows:
1. No lot may contain impervious surface, as defined by the State of North Carolina, in excess of
that amount set out on Exhibit A attached hereto. However, all parties hereto agreed that,
should the State of North Carolina amend the Permit to allow impervious surfaces as set out in
Exhibit B, that all parties hereto consent to such change, and agree to be bound thereby.
Impervious surface as defined by the State of North Carolina includes any built upon area
constructed within the boundaries of any lot, and on that portion of any right of way between
the lot property boundary and any adjoining impervious road surface. Built upon area includes,
but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina parking
areas, but does not include raised, open wood decking or the water surface of swimming pools.
2. The Permit requires the construction of a storm water management system. All runoff from
built upon areas on each lot must drain into the permitted system. This runoff control may be
accomplished through providing roof drain gutters which drain to the street, grading the lot to
drain towards the street, or grading perimeter swells to collect lot runoff and directing it into
the storm water system or into the street. Lots that will naturally drain into the system are not
required to provide additional storm control measures.
3. The owner of any lot within the Tract, other than Declarant, intending to improve the lot, must
submit a separate permit application to the Division of Water Quality of the State of North
Carolina, and receive in from such agency a site specific storm water management permit, prior
to site construction. This permit application must be consistent with the restrictions contained
in the Permit and as stated herein.
4. Declarant hereby reserves the right, without joinder of any other party, as long as Declarant
owns one or more lots within the Tract, to amend these Protective Covenants, with the prior
consent of the State of North Carolina, in the event the State of North Carolina amends the
Permit. Any such amendment shall set accurately reflect the provisions contained in the Permit,
as amended.
5. These Protective Covenants may not be altered, amended or rescinded without the express,
written consent of the State of North Carolina, Division of Water Quality. Said concurrence shall
be deemed given if the Permit is amended by appropriately issued modification or renewal
thereof.
6. Alternation of the drainage on the Tract as approved by the Permit may not take place without
the concurrence of the Division of Water Quality of the State of North Carolina, and failure to
comply with this requirement shall be deemed a violation of these Protective Covenants.
7. Nothing contained herein shall restrict or limit the imposition of other and additional Protective
Covenants on the Tract, or any portion thereof, by Declarant, to the extent that such other and
further Protective Covenants do not rescind, alter or amend the stormwater management
restrictions contained herein. Nothing contained herein shall alter in any way restrictions or
conditions contained in the deeds of conveyance from De_ clamantvto'Owners,-to'tfie extent not
inconsistent with these Protective Covenants.
JUL 2 7 cull

8. Declarant reserves the right to form an association of property owners binding current and
future owners within the Tract. Declarant may transfer the Permit to such association.
However, no such association shall impose on either Owner any burden or obligation
inconsistent with burdens and obligations set out in their deeds of conveyance, or impose any
costs on such parties inconsistent with such existing obligations.
Witness our hands and seals as of the day and year first above written.
FORT BENJAMIN COMMONS, LLC
By:
Member/Manager
With the joinder of:
COASTAL COMMUNITY ACTION, INC.
By:
President
CRYSTAL COAST HOSPICE HOUSE
32
President
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
�- ----,-ram
JUL : 7 2011
I, the undersigned Notary Public of the County and State aforesaid, certify that
personally appeared before me this day and acknowledged that he is the of that
entity named . a North Carolina corporation and that by authority
dully given and as the act of such entity, he signed the foregoing instrument in its name and on its
behalf as its act and deed. Witness my hand and Notarial Seal or stamp this _ day of . 2011.
My commission expires:
Notary Public
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, the undersigned Notary Public of the County and State aforesaid, certify that
personally appeared before me this day and acknowledged that he is the of that
entity named a North Carolina corporation and that by authority
dully given and as the act of such entity, he signed the foregoing instrument in its name and on its
behalf as its act and deed. Witness my hand and Notarial Seal or stamp this _ day of . 2011.
My commission expires:
Notary Public

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, the undersigned Notary Public of the County and State aforesaid, certify that
personally appeared before me this day and acknowledged that he is the of that
entity named , a North Carolina corporation and that by authority
dully given and as the act of such entity, he signed the foregoing instrument in its name and on its
behalf as its act and deed. Witness my hand and Notarial Seal or stamp this _ day of 2011.
My commission expires:
Notary Public
JUL 2 7 �U11

FORT BENJAMIN COMMONS
EXHIBIT A
ALLOWABLE BUILT UPON AREA
La{ 3 CRYSTAL COAST HOSPICE HOUSE 150,000 sf
L.At 1 COASTAL COMMUNITY ACTION, INC. 43,200 sf

G—'�I J-"LYJG , : 1 :JMI.1 1 1V1'1 JL 1f1 I 11 Vim] GVL I L I JueJel r G
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
JUL 2 7 ZOtI
PROTECTIVE COVENANTS FOR
FORT BENJAMIN LANDING
THESE PROTECTIVECOVENANTS, dated for purposes of reference
only this 20ch day of December, 2002, are made .by Fort Benjamin
Commons', LLC, a North Carolina Limited Liability Company
("Declarant").
R E C I T A L S
Declarant is the owner of real property generally known as
Fort Benjamin Commons, described in that plat recorded in Map Book
__, Page , Carteret County Registry, ("Property"). The
Property has been subdivided into ten (10) lots, which are intended
to be utilized for non residential purposes.
As required by the State of North Carolina, Declarant has
applied for, and been issued, a North Carolina State Stormwater
Permit by the Division of Water Quality. The permit issued is
Permit Number SW8 020830 ("Permit"). The Permit imposes certain
restrictions on the use of the Property andlots within the
Property, including, but not limited to, a limitation on allowable
impervious surface on each lot. The permit further requires that
Protective Covenants be recorded, encumbering the Property,
en.Eorcing the provisions of the Permit.
It is therefore the desire and intention of Declarant, as
required by the State of North Carolina, for its benefit and for
the, benefit of the purchaser of each lot within the Property, and
with the objective of preserving the value of each lot, and to
control stormwater runoff on each lot and all the Property, to
restrict the utilization of and improvements upon the Property in
accordance with the terms and provisions of the Permit, as set out
more fully hereinafter. Therefore, Declarant hereby subjects the
Property to the provisions of these Protective Covenants, for the
Received 12-19-02 09:54am From-252 727 5400 To-JOYCE i ASSOCIATES Pape 02

1 G �,1 J GIJG I I'J I11 `I I M1VI'1 JLM1R 1 UMLLHRV 11 VJ <JL / G / .'7u�'JrJ 1'. J
JUL 7 7 Z011
-2-
use and benefit of all present and future owners ­Of18E within the
Property. These Protective Covenants shall run with the land and
shall bind and enure to the benefit of the owner of each lot within
the Property.
The Property is hereby made subject to the following
restrictions and provisions:
1. No lot may contain impervious surface, as defined by the
State of North Carolina, in excess of.that amount set out on
Exhibit A attached hereto. This allotted amount includes any built
upon area constructed within the lot propertyboundaries, 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 raiscd, open wood decking,
or the water surface of swimming pools.
2. The Permit authorizes the construction of a stormwater
management system. All runoff from built upon areas on each lot
must drain into the permitted system. This runoff control may be
accomplished through providing roof drain gutters which drain to
the street, grading the lot to drain towards the street, or grading
perimeter swells to collect lot runoff and directing it into the
stormwater system or into the street. Lots that will naturally
drain into the system are not required to provide additional storm
control measures.
3. The owner of any lot, other than Declarant, intending to
improve the lot, must submit a separate stormwater permit
application to the Division of water Quality of the State of North
Carolina, and receive a permit prior to construction. That permit
application must show compliance with the restrictions contained
within these Protective Covenants.
4. Declarant hereby reserves the right, without joinder of
any other party, as long as Declarant owns one or more lots within
the Property, to amend these Protective Covenants, with the prior
permission of the State of North Carolina, in the event that the
State of North Carolina amends the Permit. Any such amendment to
these Protective Covenants shall be in compliance with the Permit,
as amcnded.
5. These Protective Covenants may be enforced by Declarant,
by the owner of any lot within the Property, and by the State of
North Carolina. The State of North Carolina is specifically a
beneficiary of these Protective Covenants, as the enforcement
thereof benefits water quality of the State of North Carolina.
Received 12-19-02 09:54am From-252 727 5400 To-JOYCE E ASSOCIATES Pass 02

n
I G-'i d —G / : 10Hm r KUM JCKK I MHL KU 11NJ znz 1 G / naou N. 4
P�
6. These Protective Covenants may not be altered, amended or
rescinded without the express, written consent of the state of
North Carolina, Division of Water Quality. Said concurrence shall
be deemed given if the Permit is amended by appropriately issued
modification thereto.
7. alteration of the drainage as approved by the Permit may
not take place without the concurrence of the Division of Water
Quality of the State of North Carolina, and failure to comply with
this requirement shall be deemed a violation of these Protective
Covenants.
8. Nothing contained herein shall restrict or limit the
imposition of other and additional Protective Covenants on the
Property by Declarant, to the extent that such other and further
Protective Covenants do not rescind, alter or amend the stormwater
management restrictions contained herein.
Witness our hands and seals the day and year first above
written.
By:
FORT BENJAMIN COMMONS, LLC.
Manager
Manager
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, a Notary
Public of the aforesaid County and State, do hereby. certify that
and
personally came before me this day and acknowledged that they are
managers of Fort Benjamin Commons, LLC, a North Carolina Limited
Liability Company and further acknowledged the due execution of the
foregoing instrument on behalf of the Limited Liability Company.
Witness my hand and notarial seal, this day of December,
20G2.
My Commission Expires: Notary Public
JUL 2 7 2011
3Y:
Received 12-19-02 09:54em From-252 727 5400 To-JOYCE & ASSOCIATES Pace 04

Newport Triangle Commercial Subdivision
Lot #
BUA
1
43,200 sf
2
135,000 sf
3
150,000 sf
4
110,000 sf
5
80,000 sf
6
94,250 sf
7
107,750 sf
8
75,000 sf
9
61,500 sf
10
247,503 sf
JUL 2 7 2011

MEMORY TRANSMISSION REPORT
FILE NO.
DATE
TO
DOCUMENT PAGES
START TIME
END TIME
PAGES SENT
STATUS
TIME :08-04-'ll 14:19
FAX NO.1 :910-350-2018
NAME :DENR Wilmington
807
08.04 14:13
S 912522474098
11
08.04 14:16
08.04 14:19
11
OK
*** SUCCESSFUL TX NOTICE **
3taio of Nurtb Cv rollva
Dep�rlmun<o[Evviron men[ anJ Na[u ral Rmourccr
Wiim ivIIion RaIIlovvl OlTea
Brvnr/y Esvq P� c. Govorvor FAX COVER Sl'iEET Dcc F (now Secretary
129 Curtl ln�l O�Ivn F.nwnalnn. W[I minp.[on. NC 2Ra(li a (9(0)'/g5_7213 a An Equal OppnrNn.y Aa}nn n[[ve Acn on Empl�ye�

Beverly Eaves Perdue, Governor
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
FAX COVER SHEET
Date:
To:
Co: S�/Od� Ei✓ �/ .
Fax: Z S Z — Zf Gf09
Dee Freeman, Secretary
No. Pages (excl. cover): 9
From: Jo Casmer
Phone: [phone]
Fax: [phone]
Re: �G'GtJ�O 1C % q /e �O -yy �i C --
..SGy
-c o ��`a ✓ i s S do —. `j tr i
127 Cardinal Drive Extension. Wilmington, NC 29405 e [phone] o An Equal Opportunity Aftinnative Action Emplover

STROUD ENGINEERING, P.A.
107-B Commerce Street
GREENVILLE, NC 27858
1127919n @IF 4 ^ Imo @KUV4L IL
'w�^((�2yy5�2) 756-9352
TO OcDt " ' `
12�4-Cavd.iKIL41
Zvi r , NC 2ogc)5
DATE
ATTENTION
RE r I
ewpoYtmdv, 6YA
WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
FEW
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
For review and comment
❑ FORBIDS DUE
REMARKS
❑ Approved as submitted ❑ Resubmit copies for approval
❑ Approved as noted
❑ Returned for corrections
0
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:L`Slf
N enclosures are not as noted, kindly notify us

Narrative
Newport Triangle Commercial Subdivision
July 11, 2011
Developer:
Fort Benjamin Commons, LLC
Patrick Paul Joyce, Manager
Address:
6994 US Highway 70E
Newport, NC 28570
[phone]
Engineer:
Stroud Engineering, P.A.
107E Commerce Street
Greenville, NC 27858
[phone] Ext.234
License Number: C-0647
I. General Information
Newport Triangle Commercial Subdivision consists of ten lots with internal streets to access the
lots internally. The project is located at the intersection of East Chatham and Highway 70W just
east of Hibbs Road and approximately five miles east of Highway 70 and 24 intersection in
Morehead City. The project has previously been permitted under SW8 020830, dated March 3, 2003.
The modification includes moving Wet Detention Pond #1 approximately 300 feet to the north
and as well as locations of the swales discharging in and out of said pond. All other aspects of the
pond are to remain as previously approved. No additional BUA or drainage area is to be directed
to Pond #1. The plans also incorporate the current subdivision layout. The only boundaries that
have been modified are that of lots 1, 2 and 3. No right of ways or other lots have been modified to
date.
II. Stormwater Information
The project is located within the White Oak River basin and currently drains westerly to Snow
Swamp Branch Class C, 21-12, a tributary of the Newport River. This project is being submitted as a
minor modification high density residential commercial project complying with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. Stormwater will be treated by wet detention
ponds to 90% TSS.' _
U 2

awo W; Vol I07V
LIMYtEG- LIABILITY COMPANY LLC Date FiElaine17. Mars010 :4R:00 PM
Elaine F. Marshall
ANNUAL REPORT North Carolina Secretary, of State
CA201007601472
NAME OF LIMITED LIABILITY COMPANY: Fort Benjamin Commons, LLC
STATE OF FORMATION: NC FISCAL YEAR ENDING: 12 / 31 / O9
MONTH/DAY/YEAR
SECRETARY OF STATE L.L.C. ID NUMBER: 0597896
If this is the first annual report filing, YOU MUST COMPLETE THE ENTIRE FORM. If your
LLC's information has not changed since the previous report, please check the box
and complete line 7.
1. REGISTERED AGENT & REGISTERED OFFICE STREET ADDRESS -INCLUDE COUNTY: Must be a North Carolina address)
Name:
Address:
2. REGISTERED OFFICE MAILING ADDRESS IF DIFFERENT FROM THE STREET ADDRESS:
3. IF THE REGISTERED AGENT CHANGED, THE NEW AGENT MUST SIGN:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. ENTER PRINCIPAL OFFICE ADDRESS AND TELEPHONE NUMBER HERE:
Address:6994 Highway 70 East, Newport, NC 28570
Telephone Number, including area code 252-223-3171
5. BRIEFLY DESCRIBE THE NATURE OF BUSINESS:
Real Estate Investment
6. ENTER NAME, TITLE, AND BUSINESS ADDRESS OF MANAGER(S)/MEMBER(S) OR IF THE LLC HAS NEVER HAD MEMBERS, ITS ORGANIZERS: (ATTACH
ADDITIONAL PAGES IF NECESSARY)
NAME- See Statement 2 BUSINESS ADDRESS-
NAME- BUSINESS ADDRESS-
NAME- BUSINESS ADDRESS-
7. CERTIFICATION OF A UAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES.
(Q21_JUJ4L/___e_ — ?�/Vlo
FORM MUST BE SIGNED BY A MANAGERIMEMB DATE
Patrick P Joyce MANAGERIMEMBER
TYPE OR PRINT NAME TITLE
ANNUAL REPORT FEE: $200 MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525
JUL 2 71011
W9231
O -24-09

For: Benjamin Commons, LLC �� ' �����
A P i �J
Annual Report Managers/Members Statement 2
itrick P Joyce
inaging Member
) Box 190
awport NC 28570
anny McQueen
anaging Member
412 Arendell Street
orehead City NC 2855,
=rnon J Garner
anaging Member
0 Box 38
orehead City NC 2855,
oseph Ernest Logan,
anaging Member
0 Box 460
,4tlantic Beach NC 285,
Statement(s) 2

Earn. T.
Tax Lot No . .... ...... ... ... ... .. .. .
Verfded by .. ..
by... ...... ... .. .. ..
Melanie Hrthllr 7P
EArto'et County Register of Deeds
PH Date 10/15/2000 lime 15t09e00
OR 958113 Page I of 7
11"CAROLIm k CARTERET COUNTY
The foregoino eomor- eys) of Net P
cabec(&) Wave
r>nart This kieWmrm and Oda eartM-
um are sly ro9isiomd at the OM> mid noto end In
Big Book and Vope shown an ei9 firm Wye hereof.
fafMa t Roy of bade
By
�enr`u, a>anaao..0
R:oardlne Tlmq Rwt mE Pere
.... ._ Parcel Identifier No. (Multiple -,-see EXHIBIT."A") ...
. County on the day of. ..
Mail after recording to~. Maeop b Npson, P.A.
...... ............ 1.,,..T.O.-Drawec.99, Marehend.City, NC 28557 .. ... ...
This Instrument wee prepared by . Bdi.th W. Manon, Attorney at Law _ .. ... ..
Brief description for the Index Multiple Parcels
NORTH CAROLINA GENERAL WARRANTY DEED
THIS GEED mad e [hle�:.23rd::v::'dal:0S,:.,,�..,,MeY.,,,,,�.:..,.:.:::i,.�=.'5:,,:= ..,_bi. And:belgcenm
GRANTOR ) GRANTEE
PECCY WILLIS MCQUEEN (unmarried) I DANNY MCQUEEN (unmarried)
4426 Arendell St.
Morehead City, NC 28557
anise In apmearkk bleak far ex.h Wry: mme. add,,., aa4 It .ppmpmxh. abaraelm .1 emilr, e.. ..'re-tion er grinerald,
The designation Grantor end Grantee as used herein shall include said parties, their heirs, successor., and &.signs, and
.hall Include singular, plural, mx.culine, feminine or neuter as required by contest.
WITNE88ETH, that the Grantor, for a valuable consideration paid by the Gnntae, the receipt of which Is hereby
acknowledged, has and by these presents does grant, bargain. sell and convey unto the Grantee In tee simple, all that
certain lot or parcel of land situated In the City of .. _. ... . .. ....... Township,
....Carteret ., .. . ..... County. North Carolma sad more p.rthularl, described ae follows:
FOR LECAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
"This property is conveyed to the grantee pursuant to Judgment and Order entered May 7, 2002
in Carteret County District Court, File No. 00-CVD-1235."
BOOK L" PAGE _LL 2 _.
M e w A-- ram rv,. r o w16. arbOO:.11 _..�n.nr • u..,.,... vt+n�u. u a nn.

R
The property hereinebove described was acquired by Grantor by instrument recorded In ... .. -
A map showing the above described property Is recorded in Plat Book I ... . Doge
TO HAVE AND TO HOLD the sforeeald lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee In fee simple.
And the Grantor covenants with the GrAnter, that Grantor Is Baited of the preminen in fee simple, hoe the right to convey
the ..me in fee simple, that title Is marketable and free and clearof all encumbrances, and that Grantor will WRrrant and
defend the title agoinat the lawful Claims of .11 persons whomsoever except for the eaceptionn hereinafter slated.
Title to the property hereinabove described In subject to the following exceptions:
EASEMENTS, RESTRICTIUNS AND RIGHTS -OF -RAY OF RECORD
2002 Ad Valorem taxed for Carteret County, not yet due or payable.
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EXIIII31T "A"
Deed from Peggy Willis McQuccn to Danny McQueen
PARCEL ONE: Lying and being in Beaufort Township and BEING all of Lot Number One
(1) of the Kyser's Cove Subdivision as more more particularly described by map recorded
in Map Book 29, Page 599 and Map Book 29, Page 602, Carteret County Registry. Subject
to easements, restrictions and rights -of -way of record.
(Tax PIN# 730703322578)
PARCEL TWO: Being in Morehead Township, Carteret County, North Carolina and being
any and all interest of the Grantor to that properly more particularly described as follows*
BEGINNING at an existing iron pipe in the ralnhern right-of-way of North Carolina State
Highway 24, said point being located N 82-23-08 W. 305.48 feet from the centerline
intersection of Hodges Street and North Carolina State highway 24; then from the POINT
OF BEGINNING and with die northern right-of-way of North Carolina State Highway 24
S 88-15-32 W, 211.54 feet to a point, a set iron pipe in the southeast corner of the Oakwood
Homes properly recorded in Map Book 19, page 97; thence with the Oakwood Homes east
line N 01-33-38 E, 195.23 feet to a set iron pipe; thence N 85-06-22 W, 60.09 feet to a
point, an existing iron pipe; thence N 12-17-53 E with the Oakwood homes east line. 316.33
feel to a point, an existing concrete monument in the southern right-of-way of U.S. highway
70, the northeast corner of the Oakwood Homes property; Thence with the southern right-
of-way of U.S. Highway 70 S 70-49-36 E, 301.37 feet to a point, an existing concrete
monument, the northwest toner of Mildred Phillips' property recorded in Deed Book 483,
Page 55; thence with Phillips' west line S 20-12-17 W, 230.92 feet to a point, an existing
iron pipe in the southwest comer of Mildred Phillips and the northwest comer of Larry
Daughtery; thence with Daughtery's west lire S 01-55-22 W, 187.34 feet to the Point And
Place of BEGINNING; as shown on that survey by James 1. Phillips, RLS, dated December
19, 1997 entitled "JOHN M. COGGIN-DEBORAH D. COGGIN' to which reference Is
hereby made Being all of the property described in Deed Book 488, Page 369 and Deed
Bonk 585, Page 379, Carteret Registry.
(Description taken from Deed Book 826, Page 533 Carteret Registry. Property of McMuney,
LLC. Rick Gladwell Chrysler -Plymouth -Dodge Dealership location. Tax PIN#636609150873;
#63660915 1 60046)
PARCEL THREE: Being in the Town of Morehead, Morehead Township, allrl being any
and all of the Grantor's interest in to following described property:
BEING all of Lot Number 6B of the Wayne See Subdivision as shown and designated on
that certain map of record In Map Book 24, Page 104 Carteret County Registry.
There is excepted from this PARCEL THREE that property which was conveyed to the
Department of Transportation by Deed recorded in Book 775, Page 6 Carteret County
Registry.
(Property of M & L Venture Investments, LLC as per Deed Book 8W, Page 494 Carteret
Registry. Former location or Dowry Refrigeration. PIN#636610366667)
P� SOOK 45L PAGE IL-_

PARCEL FOUR: Being in the Town of Morehead, Morehead Township and Being any and
all interest of the Grantor in that property conveyed to BKM INVESTMENTS. LLC by
Deed recorded in Book 836. Page 152, being described as follows
Beginning at a print which can be found by proceeding north 39 degrees 48
minutes 45 seconds west 62, 71 feet from the centerline intersection of North Carolina
Highway 24 and Bryan Street, and from this point of beginning running north 05 degrees
29 minutes 40 seconds cast 100.t7fect to an iron pipe; thence running north 05 degrees 06
minutes 30 seconds east 107.59 feet to an iron pipe; thence running north 08 degrees 07
minutes 35 seconds east 402.59 feet to an iron pipe in the southern right-of-way of HI. s.
Highway 70; thence running along the southern right-of-way of U. S. Highway 70 south 71
degrees 12 minutes 40 seconds east 267.64 feet to a concrete monument; thence running
south 12 degrees 17 minutes 55 seconds west 316 33 feet to an iron pipe; thence running
south 85 degrees 06 minutes 20 seconds cast 60.08 feet to an iron rod; thethce running south
01 degrees 33 minutes 40 seconds west 195.23 feet to an iron rod in the northern right-
of-way of North Carolina Highway 24; thence running along the northern right-of-way of
North Carolina Highway 24 south 88 degrees 13 minutes west 316.78 feet to the point and
place of beginning, and being that property conveyed to grantor herein by the follobv"
instruments: Book 474, Page 319. Book 368, Page 320 and Book 446, Page 396, Carteret
County Registry.
There is excepted horn this conveyance that property conveyed to Curtin -
Patterson Properties by Deed recorded in Book 933, Page 297 Carteret Registry
For further reference, see map recorded in Map Book 30 at page 57,
(The former Oakwood Mobile Homes property. PINN6366t19057714; #636609058768;
#636609067086)
PARCEL FIVE: Being in Morehead Township, Carteret County, North Carolina and being
any and all of the Grantor's interest in that property more particularly describer) as follows:
Being all of that property conveyed to OLD LIVE OAK, LLC by Deed recorded in Book
869, Page 660 Carteret Registry, described by metes and bounds as follows:
BEGINNING at a point, an existing iron pipe in the north right-of-way line of
U. S. Highway 70, said point being located the following courses and distances from the
marker USGS SOUND 1968: N 32-01.45 W 497.49'to an existing iron pipe in the north
right-of-way tine of U.S. Highway 70, the southeast corner of Harr (Nf)• thence with the
said right-of-way line N 42-29-40 W 114.48'to a point, the POINT OF BEGINNING;
thence continuing with the said north right-of-way, line of U. S. Highway 70 N 42-2945 W
381.64'to a point, an iron pipe set in the southeast corner of the McCabe property (nlf);
thence with the McCabe east line, N 47-53-10 E 610.62'to a point in the run of Hull
Swamp; thence with the meanderings of the centerline of the run of Hull Swamp the
following courses and distances S 38-29-IOW 93.5l'to a point; theme S 16-37-35 E 23.30'
to a point; thence S O4-55-10 E 122.98'to a point; tenet S O4-41.05 E 108.5l'to a point;
Ft'k-
HOOK Darr /;

thence S O4-17-35 W I33.94'10 a point; thence S 01-17-00 W 72,68'to a point; thence S 00-
52-30 W 25.68'to a point; thence S 31-26-35 W 9.40' m a point, an existing iron pipe;
thence N 88-27-30 W 40.89' m a point, an existing iron pipe, thence S 33.43-55 W 34.27'
to a point, an existing iron pipe; thence S 41-30-40 W 130.02'to a point, the POINT OF
BEGINNING.
Containing 3.30 acres and being shown and described on a survey entitled "OLD
LIVE OAK, LLC" dared October 1999 and prepared by James 1. Phillips Land Surveying,
P.A.,Registetcd Land Surveyor.
Being the same property conveyed to George T. Swinson and wile, Marie H.
Swinson by Deeds recorded in Book 222, Page 598, Bonk 22..2, Page 599. Book 222, Page
600, and Book 291, Page 135, Carteret County Registry.
(Being the new Oakwood Mobile. Homes business location on Highway 70 W Tax
PIN#635703006210)
PARCEL SIX: Being in the Town of Morehead, Morehead Township, Carteret County,
North Carolina, and being any and all interest of the Grantor in that property more
particularly described as follows:
Being all of that properly conveyed to DMACHARTER. LLC by Trustee's Deed recorded
in Book 848, Page 620 Carteret Registry, described as follows:
Tract One Being all of Lot 16, Square or Block 3, Town of Morehead City, as shown in
Map Book 1, Page 139, Carteret County Registry (Tax Parcel No. 638620818105); and
Tract Two: Being all of that properly lying south of Lot 3, Square or Block 3, Town of
Morehead City, as shown in Map Book 1, Page 139. Carteret County Registry, and north
of the seawall (Tax Parcel No. 639620807912) along with riparian rights appurtenant
thereto, subject to easement of the City of Morehead.
(The former Charter Restaurant location)
PARCEL SEVEN: Being in the Town of Emerald Isle, White Oak Township, Carteret
County, North Carolina and being all of UNITS NUMBERS ONE (1), TWO (2), THREE
(3), POUR (4) and FIVE (5) of the MCQUEEN'S PLAZA AT EMERALD ISLE
CONDOMINIUM as shown and described on that plat recorded in Map Hook 10Q, Page
690 and as further described in that Declaration recorded in Book 747, Page 360 (amended
in Book 756, Page 949) Carteret Registry. Together with said Units' undivided interest in
the common area of the condominium
('Tax PIN# 53831(670201; #538311579260; #538311579139; # 538311579108;
#338311578187)
01—
BOOK 15L PM-t l/� `-
JUL 2 7 2011
DY: - __-

PARCEL EIGHT: Being in the Town of Emerald Isle, White Oak Township, Carteret
County, North Carolina, adjoining PARCEL SEVEN on the west, and being any and all of
Grantor's interest in that property conveyed by Deed recorded in Book 682, Page 255
Carteret Registry, described as follows:
BEGINNING at the point where the southern right-of-way line of North Carolina highway
#58 intersects with the western property line of Block 290 of Emerald Isle as the said lines
are shown and delineated on that certain map recorded in Map Book 8, page 52, in the
office of the Register of Deeds of Carteret County, North Carolina, said BEGINNING
POINT also being the northwest corner of the common area of the Plan at Emerald
Plantation as shown on the map recorded in Map Book 24, Page 147, Carteret Registry, and
running thence from said POINT OF BEGINNING S 81-11 W with the southern right-
of-way line of Highway 58 a distance of 388.16 feet to a point; thence S 0849 E 150.0 feet
to a point in the northern right-of-way line of a 60-1oot right-of-way as delineated on the
map cited above recorded in Map Book 8, Page 52; thence N 81-11 E with the said right-
of-way litre 379.47 feet to a point in the west line of Block 290 Emerald Isle, also being the
southwest comer of the common area of The Plaza at Emerald Plantation; thence with the
west line of Block 290, Emerald Isle, N 05-30 W a distance of 150.26 feet to the POINT
OF BEGINNING. This conveyance expressly includes all property, real and personal,
generally referred to as Plaza At Emerald Plantation sewer treatment plant.
(Pax PIN#538311577L30)
PARCEL NINE Being in the Town of Pure Knoll Shores, Morehead Township, Catterer
County, North Carolina and being any and all interest of the Grander in that property
conveyed to TRACT A PARTNERSHIP by Deed recorded in Deed Book 611, Page 89
Carteret County Registry, described as follows:
Being all of Parcel A Pine Knoll Village, Commercial Property, as shown on that plat
recorded in Map Book 27, page 15, Carteret Registry.
(Pax PIN#635518306935; #6355i8306976; #635 1307907; #635518316059)•
PARCEL -'TEN: Being in Morehead Township, and being any and rill of the Grantor'
interest in the following properties:
,That property conveyed to M&J investments, a General Partnership, from the United States
of America by Deed recorded in Book 831. Page 666, Carteret Registry; that property
conveyed to M&I Investments, a General Partnership, from Luzadder by Deed recorded
in Book 840, Page 267, Carteret Registry (PIN# 634701455108); that property conveyed to
FORT BENJAMIN COMMONS, LLC front Danny McQueen and wife,Peggy W_McQueen
by Deed recorded in Book 915, Page 266, Carteret Registry (PIN#634701370151); that
property conveyed to Dainty McQueen by M&J Investments, a General Partnership, by
Deed recorded in Book 915, Page 261 (PIN#634701370151); that property conveyed to
M&J INVESTMENTS OF CARTERE-f COUNTY, LLC from M&J Investments, a
General Partnership, by Deed recorded In Book 915, Page 263 (PIN#634701297157),
GRANTOR ASSIGNS TO GRANTEE ALL OF HER RIGHT, TITLE AND INTEREST
IN ALL LEASES OF THE PROPERTIES CONVEYED BY THIS DEED. �s�'
800K_ 7S� PA(3F-Y"pf1-2t

ALL OF T14E FOREGOING PROPERTIES ARE CONVEYED TO THE GRANTEE
SUBJECT TO EXISTING EASEMENTS, RESTRICTIONS, RIGHTS -OF -WAY, UE•NS
AND ENCUMBRANCES OF RECORD AND SUBJECT TO 2002 AD VALOREM
TAXES. GRANTOR WARRANTS ONLY THAT SHE HAS DONE NOTHING TO
IMPAIR THE TITLE, TO SAID PROPERTIES.
IT IS THE INTENT OF THE GRANTOR TO CONVEY To THE GRANTEE ALL OF
THOSE PROPERTIES AND INTERESTS IN PROPERTY AS ORDERED BY THE
COURT IN CARTERET COUNTY CASE NO 00 CVD 1235, SAID ORDER HAVING
BEEN ENTERED ON MAY 7,2002. SHOULD ADDITIONAL DOCUMENTATION BE
REQUIRED TO SATISFY THE REQUIREMENTS OF THE AFORESAID ORDER,
THE PARTIES --BOTH GRANTOR AND GRANTEE --AGREE TO EXECUTE SUCH
ADDITIONAL INSTRUMENTS AS ARE NECESSARY TO COMPLY WITH SAID
ORDER.
Wi0ress: fl
TT'.� {.!D
JUL 2 7 2011

,c. STATE OF NORTHCAROL �;a,:�
COUNTY OF CARTERET ` � 100 Tie
�Y .. DEED OF :CONVEYANCE ,
-- - THIS DEED made and entered into this `:dao#=Auguat;�..••
200=1?=;c _and;?be[ween.
DANNY,';,NCQUEBN -and,.wife,!%`,PEGGV;W:., MCQUSE27;3{
hereinafter, whether one or more persons, referred to as party of
the first part, and:
FORT BENJAMIN COMMONS, LLC.
P.'O. Box 190
Newport, N. C. 28570
hereinafter, whether one or more persona, referred to as party of
the second part (it being fully understood and agreed that any
pronoun or other word used herein shall be construed ae singular or
plural, and of the masculine, feminine or neuter gender, as the _
context may indicate or require);
W I T N E S S E T H: ,
t''•
THAT the art of the first art, in consideration of the sum
party P
of Ten Dollars ($10.00) and other good and valuable consideration
to him paid by the party of the second part, the receipt of which
-
is hereby acknowledged, has bargained and sold, and by these
'
presents does hereby grant, bargain, sell, and convey to the par[ -
Y=
-
of the second part, its successors and assigns, that certain tract:-
or parcel of land situate in the COUNTY OF CARTERET, STATE OF NORTH
CAROLINA, and more particularly described as follows:
-
IN THE TOWNSHIP OF NEWPORT:
A one-half undivided interest in that property described on
Exhibit A attached hereto.
-
TO 1IAVE AND TO HOLD said tract or parcel of land and all
'-
privileges and appurtenances thereunto belonging or in anywise
appertaining to the said party of the second part, its successors
and assigns, to their only use and behoof forever.
k;
i
JUL 2 7 2011
Y�(' 300 / 1,/ E_ PAGE

2
And the said party of tho first past dose covenant that ibis
seized of said premises in fee and has the right. to convey the"same
in fee simple] that the same is free and clear. of encumbrances;
except as to easements, rights -of -way and restrictions of 436blic -
record, and that it will warrant and forever defend the said title
to the same against the lawful claim of all persons whomsoever. '
IN TESTIMONY WHEREOF, the said parties of the first part have
set their hands and seals the day and year first abovA written.
STATE OF NORTH CAROLINA
COUNTY OF CAf2T ET "
I, a Notary Public of the
aforesaid StaC unty, do hereby certify that Danny McQueen
and wife, Peggy W. MPCOueen personally appeared before me this day
and acknowledged the due execution of the foregoing Deed of
Conveyance.
witness my hand and notarial seal this _4A(--Jb, day of August,
2001.
Not Public
M!: C'omhlia�j'9 �. Expires:
NORTH CAROtINA, CARTBREr COUHI y
The ro,"oing eenfteMs) W NWuY %ib&4$) Wwo
�, i i; 7 calmed to bo Corrwl. Thts ktaftnvm and 0"Certlll-
t/ I. �. i ,,, ate era duly repkflered al Me dale and dme erkl a,
„L `I J„t t •�, flat Book Page shown un the papa harool. -.
D:WP6/M&S/McQueene Deed -
7-29-01

'^; 11s follow ... ,._,.Y «.v.� yoa,.?�+trarfY .aeAes'3Qatl -
t '
in the:aeatet11A4>df- cbathahq:atreat: -acid .;Point,hedng locaeed South. 26 degrsea"00';'urinutPs;57; geconde -8aat'i Le
454.20 feet from act,.Xxistiog P.x.E1ail in the ceat'tiline''i''+
{ intersection of Chatham Street and Smith Road
THENCE South 25"degrees 51 minutes 42 seconds East for a
distance of 27ee.29 feet to an Existing P.K. Nail in the centerline ,
�:,'�•• of Chatham street;
THENCE South 64 degrees 35 minutes 00 arcottdiwest for a
-- distance of 226.38 feet to a POINT;
THENCE South 23 degrees_ 50 minutes 10 seconds East for n
distance of 152,46 feet to a POINT;
THENCE South 83 degrees 42 minutes 11 seconds East for a
distance of 273.50 feet to an Existing P.K.Nail in the centerline
r'•
Of Chatham Street;
•�c TUENCE South 25 degrees 46 minutes 34 seconds East for a
distance of 447.59 feet to an Existing P.K.Nail in the centerline
of Chatham Street;
THENCE South 23 degrees O1. minutes 18 seconds Hest for a
distance of 91.63 feet to a POINT
THENCE North 46 :degrees 34 minutes 59 seconds West for a
distance of 5218.e9 feet to a POINT;
THENCE North 27 degrees 44. minutes 11 seconds. East for a
distance of 626.35 feet to a POINT;
THENCE South fit degrees 16 minutes 02 seconds East for a
s--" distance o1 163.19 feet to a POINT;
THENCE'along-e curve to the right having a. radius of 550.00
:.feet and an arc length of 160.14 feet, being subtended by a chord
of South 53 degrees 55 minutes 23 seconds East for a distance of
'159.57 feet to a POINT;
THENCE South 45 degrees 34 minutes 55 seconds East for a
,distance of 1508.35 feet to a POINT;
THENCE.North 64 degrees 51 minutes 43 seconds East for a
distance Of 645.94 feet to a POINT;beinq the POINT OF BEGINNING.
Together with and subject to covenants, easements, and
restrictions of record.
.- Seicl property contains 82.32 acres more or leas_
Trace Two:
,r A
x: Beginning at a poit,t in the Western right-of-way line of old U.S. Iltghway #70
at the center of the Western end of a box culvert where Snow Branch. yaseos
bnncaih the said highway approximately two (2) miles South of the Town of
Newport; thence N 21` W 165lfeet along 'the Ileatern righi-of-way of'said old
. U.S. Highway #70 165 feet to A po Lit; thence S 69c W 122.35 fast to an iron pipe;
thence S 40' 53' E 106.7 feet to an iron pipe; thence S 40" 53' E 15 feet
to a pufut of Snow Branch; thence S 79" 1' E 95.45 feet along the center of
Snuw Brsnch Ln the Point and place of the Beginning, in accordance with that
Survey by James C. Sfmmons, fl A.S. dared August 17, 1979.
800K_�_6 PAGF 4 1j�
JUL 2 7 2011

1 0 MIN i
:..STATE OF NORTH. CAROLINA _ - '':'.7`�
COUNTY OF dARTB&ET
0 3 ,' 7. � 7 • of 'S,?.1'''.;: ''
DEED OF COW113TANCE
THIS DEED, made and entered into this _gday of August,
2001, by and between:
M&J investments, a North Carolina General
Partnership
hereinafter, whether one or more persons, referred to as party of
the first part, and:
DANNY MCQUEEN
4426 Arendell Street
Morehead City, N. C. 28557
hereinafter, whether one or more persona, referred to as party of
the second part (it being fully understood and agreed that any
pronoun or other word used herein shall be construed as singular or
plural, and of the masculine, feminine or neuter gender, as the
context may Indicate or require);
W I T N E S S E T H:
THAT the party of the first part, in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable consideration
to him paid by the party of the second part, the receipt of which
is hereby acknowledged, has bargained and sold, and by these
presents does hereby grant, bargain, sell, and convey to the party
of the second part, its successors and assigns, that certain tract
or parcel of land situate in the COUNTY OF CARTERET, STATE OF NORTH
CAROLINA, and more particularly described as follows:
IN THE TOWNSHIP OF NEWPORT:
A one-half undivided interest in that property described on
Exhibit A attached hereto.
TO HAVE AND TO HOLD said tract or parcel of land and all
privileges and appurtenances thereunto belonging or in anywise _
appertaining to the said party of the second part, its successors
and assigns, to their only use and behoof forever. -
,1
E-71�L72011
PAGE-

And
the said party of the first part does covenant .that it is
seized
of said premises in fee and has the right,.to convey the same
_.
in fee
simple; that the same is free and cleas.,Of�:encumbrance®,
'of
"
except
as to easements, rights -of -way and rtenth ne public
,
record,
and that it will warrant and forever defehd the eaidtitle
'
to the
same against the lawful claim of all persons whomsoever.
IN TESTIMONY WHEREOF, the said party of the first part has
authorized its General Partner on its behalf to set his hand and
seal the day and year first above written.
M&J INVESTMENTS•'"
By:
General Partner
STATE OF' NORTH CAROLINA
COUNTY OF CARTERET
I, Cathy L. Ballard, a Notary Public of the aforesaid State
and County, do hereby certify that Patrick P. Joyce, General
Partner for M&J Investments, personally appeared before me this day
and acknowledged the due execution of the foregoing Deed of
Conveyance.
Witness my hand and notarial seal this 6yf� day of August,
2001.
Not Public
�+(y QAmmion'xpires:
'f',Cni0-14-2F0
6 NORTH GAOUkA. CARTERET COLWTY
b <'r'•.,,,,•,,.. ,l, The ko90 tg cwrOfoalele) ofNoWy PubWa) wan,
`.•:. .. 1 .' �. caefed to ho coneal. THe inHrwnerd and lHe cert6-
^�,w a,:..,.••"'` - Cale M drily registered at me date and time end In
the 80c41 Pago shown on dre (fret Pepe hared.
0IeHs Arden, Bede
D:WP8/M6.7/Deed
7-29-81
® rrross
ROOK PAGE_ ��
K

s, HQ.'dZ3E:.,.:' ��r`...":`:'.at. a'.^<;•;x�
•�'Tractc Otae= - _ -..-a. ,. „,".,g•.":,`::c = '',3:;�;:::":';: `:"-'
'Bad ng all of 'that parcel or tcact.,of _land lying:in ,Nswpoit Township;
Carteret County; North Carolina "and As follow; beiny__siote'.pertinalai3y described
"^h '
Beginning at a point in the centerline ,of ehathayc street, said
Point being located South 26 degrees-00.ieinutes-57 seconds East for a
[=-= distance of 04.20 feet from an Exiatipq R' it in 61i eatGrline
'-`- intersection of Chatham Street and 9mith'Road;
THENCE South 25 degrees 51 minutes 42 secande East for a
`'�•` distance of 2780.25 feet to an Existing P.K. Nail in;the centerline
�d
of rhp tham Street;- -
'rHEhCE South 64 degrees 35 minutes 00 seconds West for a
distance of 226.38 feet to a POINT;
THENCE South 23 degreea. 50 minntea 1.0 seconds East for a
distance of 152.46 feet to a POINT;
THENCE South 83 degrees 42 minutes 11 seconds East for a
distance of 273.50 feet to an Existing P.K.Nail in the centerline
Of Chatham Street;
THENCE "South 25 degrees 46 minutes 34 seconds East for a
distance of 447,59 feet to an Existing P.h.Nail in the ren to dine
r'' of Chatham Street;
_ THENCE South 23 degrees 01 minutes 18 secnluis West for a
distance of 91.63 feet to a p0IN7;
THENCE North 4f degrees 34 minutes 54 ,eronds West for a
'- distance of 5218.94 feet to a POINT;
M = - THENCE North 27 degrees 44 minutes 11 secnnda East for a
distance of 626.35 feet to a POINT;
THENCE South 62 degrees 16 minutea 02 seconds East for a
distance of 163.19 feet to a POINT;
THENCE along a curve to the right having., r,AJ,, of 550.00
feet and an are length of 160.14 feet, being subtended by a chord
Of Sleuth. 53 degree, 55 minutea 23 second, East for a di, tsar, of
159.57 feet to a POINT;
THENCE South 45 degree& 34 minute, 55 second,. East for A
u. distance of 1508.35 feet to a POINT;
ti THENCE North 64 degrees 51 minutes 43 second, East for A
distance of 645.94 feet to a POINT;being the POINT OF BEGINNING.
Together with and sub-jer:t to covenants, ea,emeata, and
restrictions of record.
Sa;.d property contains 82.32 acres more or leas,
Trace Two:
Beginning at a point in the Western right-of-we.y line of old U.S. Highway 070
at the center of the Western end of a box culvert where Snow Branch passes
beneath the said highway approximately two (2) miles South of the Town of
Newport; thence N 21' W 165 feet along the Western eight-of-vey of';aid old
U.S. Highway 170 165 feet to a point; thence S 69c W 122.35 feet to an iron pipe;
thence S 40` 53' E 106.7 feet to an iron pipe; thence S 40" 53' E 15 feet
to a point nt Snow Branch; thence S 79" P E 95.45 feet along the center of
Snow granrh to the point and place of the Beginning, in accordance with that
Suivcy by James C, Summons, R.L.B. dated August 17, )979.
800K--�- -- PAGFO_ `_1
JUL 2 7 2011
-,.
x t�
'-S

al
ME
yg._},1" STATE OF NORTHCAi:
COUNTY OF CARTER �- �1s0 iac t
' 43'�7. is
- DBSD OF CONVEYANCE441
AF
THIS DEED, :Wade and entered into this �,_. day of August,
2001, by and between:
Y
M&J Investments, a North Carolina General
Partnership
s\hereinafter, whether one or more persons, referred to as party of _
the first part, and: -
M&J INVESTMENTS OF CARTERET COUNTY, LLC.
P. O. Box 190 ..
Newport, N. C. 28570
hereinafter, whether one or more persons, referred to as party of =e
the second part (it being fully understood and agreed that any
pronoun or other word used herein shall be construed as singular or
plural, and 'of the masculine, feminine or neuter gender, as the
context may indicate or require);
W I T N E S S E T H:
THAT the party of the first part, in consideration of the sum {
of Ten Dollars ($10.00) and other good and valuable consideration
to it paid by the party of the second part, the receipt of which ie
hereby acknowledged, has bargained and sold, and by these presents
does hereby grant, bargain, sell, and convey to the party of the
second part, its successors and assigns, that certain tract or
parcel of land situate in the COUNTY OF CARTERET, STATE OF NORTH
CAROLINA, and more particularly described as follows:
IN THE TOWNSHIP OF NEWPORT: ..
A one-half undivided interest in that property described on
Exhibit A attached hereto.
TO HAVE AND TO HOLD said tract or parcel of land and all
privileges and appurtenances thereunto belonging or in anywise
appertaining to the said party of the second part, its successors
and assigns, tp their only use and behoof forever.
JUL 2 7 2011
BOOK _1L_ PAGE 2f�..

2
And the said party of the first part does covenant that it.;i'e"- --=-
seized of said premises in fee and has the right to coniey the -,,'same. `•`'''
in fee simple; that the same is free and;`clear of encumbrance®,
except as to easements, rights -of -way and restrictions of publdc,
record, and that it will warrant and forever defend the -said title
to the same against the lawful claim of all persons whomsoever.
IN TESTIMONY WHEREOF, the said party of the first part has --
authorized its General Partner on its behalf to set his hand and
seal the day and year first above written. -_
M&J INVESTMENTS
By. C--2-'�- -
General Partner
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, Cathy L. Ballard, a Notary Public of the aforesaid State
and County, do hereby certify that Patrick P. Joyce General Partner
for M&J Investments, personally appeared before me this day and
acknowledged the due execution of the foregoingDeed of Conveyance.
Witness my hand and notarial seal this &'f!t day of August,
2001.-
��`c'.••`� •�+,, �'•r, Nctory Public
;�My fa�ml sais 'Expires:
•, ............
.••.•.••t•.? NORTH CAROuNA, CARTERET COUNTY
wdNlGve(a) goNotaryORc FI(a) *1"The W990" -
yx' ce,i9ad to be cosact. Ttda ird ntm iaand a" carlw�
....,:�t ama are duly r"GtOfelt at dro date and 9me and n
D:WPB/M&J/M4J of ,Carteret County Me soya and Faye aluwn w the 9nl Pe" hereof•
Deed; 1-19-01 atda �Ma
BOOK_ LI Pmr -

At % "M
L E
FOR, TPACT'C-2 7'
Hit rt of land Being ail of that parcel oiii.tramt mv, n
To�hip, Carteret County, Noxth� iDA. ail& hO�-RQ
% part cularl
Described as foll6wal
Beginning at a. point in- the centerll..e of Chatham attest, said
Point being located North 25 degrees 59 minutes 55 secondazWest f Or a.'
distance of678,20 feet from an Existing P.K. Nail:in the centerline
intersection of Chatham Street and smith road,
THENCE North 25 degrees 5-9 minutes 55 seconds West for a
distance of 449.91 feet to a POINT in the centerline of Chatham Street;
THENCE with the centerline of said Chatbim Street along a curie to the
right having a radius of 1444.98 feet and an arc length of 370.54 'feei,:being
'
subtended by a- chord- of North 18 degrees n. minutes 09 seconds West for:, a
distance of 369.52 feet to a POINT in the centerline of Chatham'Streeti
THENCE South 43 degrees 11 minutes 12 seconds. East for a distance of 51.35
feet to a POINT;
THENCE South 4B degrees 04 minutes 18 amcoads East for a.distance of.41.70
feet to a POINT;
THENCE Soutn 48 degrees 04 minutes U seconds Bast for a
distance of 166.32 feet to a POINT;
THENCE. South 45 degrees 39 minutes 42 seaamda East for a
distance of 239.,83 feet to a POINT;
THENCE South 41 degrees 32 minutes 02 seconds East for a
distance of 315.69 feet to a POINT;
THENCE South 39 degrees 56 au.mutes 12 seconds East for a
distance of 73.08 feet to a POINT;
THENCE South 68 degrees 40 arinutea 26 seconds West for a
distance of 324.56 feet to a POINT)said point being the POINT OF BEGINNING.
Together with and subject to covenants, easements, and
restrictions of record.
Said property contains 3.57 acres more or less.
JUL 2 7 2011
3Y--
1300K --- PAGV,
Al

NEWPORT TRIANGLE COMMERCIAL SUBDIVISION
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mk)d. 020830
/ForDENRNLY
�ANorth Carolina Department of Environment and�►i�i� Natural Resources ,-r NCDENR Request for Express Permit Review I Z
FILL-IH all the information below and CHECK the Permit(s) you are requesting for express review. FAX or Email the completerr rorin to
Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application 1
of the project location. Please include this form in the application package.
• Asheville Region -Alison Davidson 828.296.4698;alison.davidson(alncmail.net
• Fayetteville or Raleigh Region -David Lee 919-791.4203; david.lee(o3ncmail.net 1 �
• Mooresville & -Patrick Grogan 704-663.3772 or patrick4ropan(a)ncmail.net
• Washington Region -Lyn Hardison 252-946-9215 or lvn.hardison(rDncmail.net
• Wilmington Region -Janet Russell 910-350-2004 or ianetrussel0ricrinail.net
NOTE: Project application received after 12 noon will be stamped in the following work day
Project Name: NEWPORT TRIANGLE COMMERCIAL SUBDIVISION County: CARTERET
Applicant: PATRICK PAUL JOYCE, MANAGER Company: FORT BENJAMIN COMMONS, LLC
Address: 6994 US HWY 70ECity: NEWPORT, State: INC Zip: 28570-
Phone: [phone] Fax:: Email:
Physical Location:Frontage on both Highway 70 West & East Chatham Street, NEWPORT, INC
Project Drains into SNOWS SWAMP BRANCH waters — Water classification C (for classification see-
hlto://h2o.en r.state. nc. u s/bims/reoorts/reportsW B. htmll
Project Located in WHITE OAK River Basin. Is project draining to class ORW waters? N , within y, mile and draining to class SA waters N or within 1 mile
and draining to class HOW waters? N
Engineer/Consultant: GINGERY. TURNER, PE Company: STROUD ENGINEERING, P.A. RECEIVEID
Address: 107 B COMMERCE STREET City: GREENVILLE, State: NC Zip 27858-
Phone:[phone] Fax::[phone] Email: tg [e-mail]— JUL 1 1 2011
SECTION ONE: REQUESTING A SCOPING MEETING ONLY
❑ Scoping Meeting ONLY ® DWO, ❑ DCM, -❑ DLR, ❑ OTHER: _ BY.
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 ft or _acres)
❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance
l� State Stormwater ❑ General ❑ SFR, 08khd & Bt Rmp, ❑ Clear & Grub, ❑ Utility
❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW _ (Provide permit #))
❑ High Density -Detention Pond _ # Treatment Systems [:]High Density -Infiltration _ #Treatment Systems
❑ High Density -Bio-Retention _ # Treatment Systems ❑ High Density—Stormwater Wetlands _ # Treatment Systems❑ High Density -
Other _ # Treatment Systems /® MODIFICATION: '❑ Major ® Minor ❑ Revision SW 8020830(Provide permit#)
❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
❑ Land Quality ❑ Erosion and Sedimentation Control Plan with _ acres to be dislurbed.(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 ALOE ® Yes ❑ No
Fee Split for multiplepermits: Check#
Buffer Impacts: ® No ❑ YES: —acre(s)
Isolated wetland on Property ❑ Yes ❑ No
404 Application in Process w/ US ACOE: ❑ Yes M No Permit
For DENR use only
Total Fee Amount $
SUBMITTAL DATES
Fee
1
1 SUBMITTAL DATES
Fee
CAMA
$
Variance (❑ Mal; ❑ Min)
$
SW (❑ HD, ❑ LD, ❑ Gen)
I
$
401:
$
LQS
I
$
Stream Deter—
$
NCDENR EXPRESS September 2008

Narrative
Newport Triangle Commercial Subdivision
July 11, 2011
Developer:
Fort Benjamin Commons, LLC
Patrick Paul Joyce, Manager
Address:
6994 US Highway 70E
Newport, NC 28570
[phone]
Engineer:
Stroud Engineering, P.A.
107B Commerce Street
Greenville, NC 27858
[phone] Ext.234
License Number: C-0647
I. General Information
Newport Triangle Commercial Subdivision consists of ten lots with internal streets to access the
lots internally. The project is located at the intersection of East Chatham and Highway 70W just
east of Hibbs Road and approximately five miles east of Highway 70 and 24 intersection in
Morehead City. The project has previously been permitted under SW8 020830, dated March 3, 2003.
The modification includes moving Wet Detention Pond #1 approximately 300 feet to the north
and as well as locations of the swales discharging in and out of said pond. All other aspects of the
pond are to remain as previously approved. No additional BUA or drainage area is to be directed
to Pond #1. The plans also incorporate the current subdivision layout. The only boundaries that
have been modified are that of lots 1, 2 and 3. No right of ways or other lots have been modified to
date.
II. Stormwater Information
The project is located within the White Oak River basin and currently drains westerly to Snow
Swamp Branch Class C, 21-12, a tributary of the Newport River. This project is being submitted as a
minor modification high density residential commercial project complying with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. Stormwater will be treated by wet detention
ponds to 90% TSS.
it -il C-F IWED
JUL 1 1 2011
i"v.

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--._.-.-- ji'i-ii's.-.-.-.-.-.

*.
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
June 16. 2011
Patrick Joyce, Managing Member
Fort Benjamin Commons, LLC
PO Box 190
Newport, NC 28570
Division of Water Quality
Coleen H. Sullins
Director
Subject: REQUEST FOR DESIGNERS CERTIFICATION
REQUEST FOR RECORDED DEED RESTRICTIONS
Stormwater Project No. SW8 020830
Newport Triangle Commercial Subdivision
Carteret County
Dear Mr. Joyce:
Dee Freeman
Secretary
On March 3, 2003, the Division of Water Quality issued a Stormwater Management Permit to
you for the subject project. Per Section 11.9 of your permit, and Stormwater Regulation 15A
NCAC 2H.10080), the following is a stipulated condition:
"Upon completion of construction, the designer for the type of Stormwater system
installed must certify that the system was inspected during construction, was
constructed in substantial conformity with plans and specifications approved by
the Division and complies with the requirements of this Section prior to issuance
of the certificate of occupancy."
Additionally, as stipulated in Section 11.13 of your permit, deed restrictions which limit the built -
upon area per lot must be recorded prior to the sale of any lot and a copy f the recorded
document must be submitted to the Division within 30 days of recording. As of this date, our
records indicate that neither the required designer's certification nor the recorded deed
restrictions, has been received in this office.
Failure to record the deed restrictions prior to selling lots, or to submit a copy of the recorded
document within 30 days, and operation of the stormwater system prior to submission of the
required certification are violations of NCAC 2H.1003(g) and .10080), respectively, in
accordance with NCGS 143-215.6, and subject to enforcement action per NCGS 143-215.6A.
Construction is considered complete at the time the project is occupied by an owner or tenant
for its intended use. Please submit the required recorded deed restrictions and the Designer's
Certification by July 16, 2011.
If you have any questions concerning this matter, please call me at [phone].
Sincerely��,
Linda Lewis
Environmental Engineer III
GDS/arl: S:\WQS\Stormwater\Permits & Projects\2002\020830 HD\2011 06 req_cert 020830
cc: Ginger Turner, w/enc.
Town of Newport Inspections
WiRO Stormwater File
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 29405 One
Phone: 910-79&72151 FAX: [phone] Customer service: 1-877-623-6748 NorthCarol ina
Internet: vvvvvv nmaterquality.org
Jhat11r2tlII
An Equal Oppodunily \ Affirmative Action Employer

North Carolina Secretary of State
Page 1 of 2
North Carolina
Elaine F. Marshall DEPARTMENT OF THE:
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 [phone]
Date: 6/162011
Click here to:
View Document Filings I Sign Up for E-Notifications I
J Pre -populated Annual Report Fillable PDF Form I File an Annual Report I
Corporation Names
Name
Name Type
NC FORT BENJAMIN
LEGAL
COMMONS, LLC
Limited Liability Company Information
SOSID:
0597896
Status:
Current -Active
Effective Date:
7/172001
Dissolution Date:
Annual Report Due Date:
Citizenship:
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State of Inc.:
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Duration:
01 /01 /2055
Annual Report Status:
CURRENT
Registered Agent
Agent Name:
JOYCE, PATRICK P
Office Address:
6994 HIGHWAY 70
NEWPORT NC 28570
Mailing Address:
PO BOX 190
NEWPORT NC 28570
Principal Office
Office Address:
6994 HIGHWAY 70
NEWPORT NC 28570
Mailing Address:
PO BOX 190
NEWPORT NC 28570
Officers
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Name:
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Business Address:
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Name: DANNY MCQUEEN
Business Address: 4412 ARENDELL STREET
MOREHEAD CITY NC 28557
Title: MANAGING MEMBER
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Business Address: PO BOX 38
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North Carolina Secretary of State Page 2 of 2
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Title: MANAGING MEMBER
Name: JOSEPH ERNESTLOGAN
Business Address: P O BOX 460
ATLANTIC BEACH NC 28512
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http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=5355659 6/16/2011

CA201007601472
LIMME13-LIABILITY COMPANY (LLC)
ANNUALREPORT
NAME OF LIMITED LIABILITY COMPANY:
STATE OF FORMATION: NC
SECRETARY OF STATE L.L.C. IO NUMBER: 0597896
amin Commons. LLC
It this is the first annual report filing, YOU MUST COMPLETE THE ENTIRE FORM. If your
LLC's Information has not Changed since the previous report, please check the box
and complete line 7.
SOSID: 0597896
ti Date Filed: 3/17/2010 4:48:00 PM
Elaine F. Marshall
North Carolina Secretary of State
CA201007601472
FISCAL YEAR ENDING: 12 / 31 / 0 9
MONFH/DAYNEAR
1. REGISTERED AGENT d REGISTERED OFFICE STREET ADDRESS • INCLUDE COUNTY: Must he a North Carolina address)
Name:
Address:
2. REGISTERED OFFICE MAILING ADDRESS IF DIFFERENT FROM THE STREET ADDRESS:
3. IF THE REGISTERED AGENT CHANGED, THE NEW AGENT MUST SIGN:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. ENTER PRINCIPAL OFFICE ADDRESS AND TELEPHONE NUMBER HERE:
Address:6994 Hiqhway 70 East, Newport, NC 28570
Telephone Number, including area code
5. BRIEFLY DESCRIBE THE NATURE OF BUSINESS:
Real Estate investment
6. ENTER NAME, TITLE, AND BUSINESS ADDRESS OF MANAGER(S)/MEMBER(S) OR IF THE LLC HAS NEVER HAD MEMBERS, ITS ORGANIZERS: (ATTACH
ADDITIONAL PAGES IF NECESSARY)
See Statement 2
NAME- BUSINESS ADDRESS-
7. CERTIFICATION OF A UAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES.
� 31��1�a
FORM MUST BE SIGNED BY A MANAGER/MEMB r DATE
Patrick P Joyce MANAGERIMEMBER
TYPE OR PRINT NAME TITLE
ANNUAL REPORT FEE: $200 MAIL T0: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525
W9231
Oe-24

CA201007601472
Fort Benjamin Commons, LLC
NC Annual Report Managers/Members
Patrick P Joyce
Managing Member
PO Box 190
Newport NC 28570
Danny McQueen
Managing Member
4412 Arendell Street
Morehead City NC 2855,
Vernon J Garner
Managing Member
PO Box 38
Morehead City NC 2855,
Joseph Ernest Logan,
Managing Member
PO Box 460
Atlantic Beach NC 285,
Statement(s) 2

f
4,
Lewis,Linda
From: Lewis,Linda
Sent: Thursday, June 16, 2011 9:31 AM
To: 'Ginger Turner'
Subject: FW: Newport Triangle Commercial Subdivision
Forgot to mention that the Lot 3 offsite permit would be a separate action, also with a $2000 fee in Express, or
$505.00 fee in the regular program. Offsite permits are not issued until outstanding violations are resolved, the
"master" BMP has been certified, and any required deed restrictions have been recorded.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
Education is the progressive discovery of our own ignorance.
-Will Durant
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.
From: Lewis,Linda
Sent: Thursday, June 16, 2011 9:06 AM
To: 'Ginger Turner'
Subject: RE: Newport Triangle Commercial Subdivision
Sorry Ginger- I received it, just never responded. Too much to do.
Anyway, there is an outstanding NOV for this project, for failure to build one of the permitted ponds prior to
development. The SW8 020830 permit allowed 3 wet ponds and 10 lots. Has any of that changed? Are all
three ponds in place? A compliance inspection will need to be conducted to verify. None of the ponds has been
certified, so you will need to provide the Designer's Certifications for each pond, and provide a copy of the
recorded deed restrictions.
As to the relocation of the pond, as long as you don't add more drainage area or increase the BUA over what
was previously permitted, the relocated pond can be designed under the same criteria as the existing pond.
This would done as a "minor" modification, which in Express is a review fee of one-half of the original high
density fee, or $2000.00. In the regular program, this is still a modification at $505.00.
You would need to submit revised plans showing the new subdivision layout, the drainage areas, pond details,
revised signed, sealed and dated pond calculations, a completed application (complete 3 columns, one for
each pond) and a new supplement form and signed O&M for pond 1.
Linda Lewis
INC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215

Education is the progressive discovery of our own ignorance.
-Will Durant
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.
From: Ginger Turner [mailto:gturner(alstroudengineer.coml
Sent: Thursday, June 16, 2011 8:36 AM
To: Lewis,Linda
Cc: 'Ronald Cullipher'
Subject: FW: Newport Triangle Commercial Subdivision
Linda,
Checking in with you to see if you received my email from last week. I have attached the same PDFs as in the previous
email. Please let me know.
Thanks,
Ginger Turner, P.E.
Stroud Engineering, P.A.
107 B Commerce Street
Greenville, NC 27858
Office: [phone] ext234
Fax: [phone]
Email Address: [e-mail]
From: Ginger Turner [mailto:gturner(abstroudengineer.com]
Sent: Wednesday, June 08, 2011 11:12 AM
To: 'Lewis,Linda'
Cc: 'Ronald Cullipher'
Subject: Newport Triangle Commercial Subdivision
Good morning Linda,
Please see the attached plans and permit. Stroud Engineering has been contracted to design Lot 3 of this commercial
development. The developers however would like to change the location of Pond 1 potentially closer to Chatham
Street, if topographically feasible. I need to know what will be required with the modification and whether the existing
permit will have to be modified to the current rules. Any information and guidance you provide will be greatly
appreciated.
Thanks,
Ginger Turner, P.E.
Stroud Engineering, P.A.
107 B Commerce Street
Greenville, NC 27858
Office: [phone] ext 234
Fax: [phone]
Email Address: [e-mail]

-
S (Domestic Only; Coverage
o�
rU 7
rL Postage $
oCertified Fee 30
Return Receipt Fee Mere a
O (Endorsement Requir)d) Z
IM Restricted Delivery Fee J N?22�^7 Z
O (Endorsement Required) W0
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A Total Postage & Fees $ y' (12
M Sent To
� /i% .i .
Street, Apt No, �d
or Po Bon No.
S70

■ Complete items 1, 2, and 3. Alto complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
O
^JG ays�o
A. Signature
X 4�M ❑ Agent
❑ Addressee
B. Receiv y (Printed Name) C Dat f Delivery
Kum Mnr+of Co-, 3611
D. Is delivery address ddferent from item 17 ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
ff Certified Mail ❑ Express Mall
❑ Registered ❑ ReturnReceipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
fTmnsferfmmservlca 7002 1000 0005 2390 8542
PS Form 3811, August 2001 Domestic Return Receipt 102595-0-M-1540

UNITED STATES POSTAL SERVICE First -Class Mail
Postage & Fees Paid
N c-to
• Sender: Please print your name, address,
004
State of North Carolina
DENR
127 Cardinal Drive Ext.
Wilmington, NC 28405 (Attn: BEV
I,AAl„I:,II'III:IIII ,II,di,1 ,11IIIIWIII III III IIII IAIII —

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Depputy Director
Division of Water Quality
June 21, 2004
CERTIFIED MAIL #7002 1000 0005 2390 8542
RETURN RECEIPT REQUESTED
Mr. Patrick Paul Joyce, Maniager
Fort Benjamin Commons, LLC
PO Box 190
Newport, NC 28570
Subject: NOTICE OF VIOLATION
Newport Triangle Commercial Subdivision
Stormwater Permit No. SW8 020830
Carteret County
Dear Mr. Joyce:
On June 11, 2004, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject prol'ect, located at HWY 70 West & Chatham Street in
Newport, Carteret County, North Carolina. The inspection was performed to determine
the status of compliance with Stormwater Permit Number SW8 020830, issued to you
on March 3, 2003.
The project has been found in violation of Stormwater Permit Number SW8 020830,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
1. Section IL7- The offsite stormwater management system and collection system must
be constructed in it's entirety, vegetated and operational for its intended use prior to the
construction of any built -upon surface associated with this project
2. Section 11.13g- All runoff from the lot must drain into the permitted system.
The building and parking lot have been constructed, the facility is in full
operation. As of this date the stormwater pond has not been built. Runoff from
this site may be entering surrounding wetlands without the benefit of going
through a stormwater system.
To correct these violations you must:
1.Provide a written "Plan of Action" which outlines the actions you will take to correct the
violations_ and a time frame for completion of those actions, on or before July 22, 2004.
2.It is imperative that you meet with representatives from Coastal Community Action,
Inc., to discuss construction of the stormwater pond for their lot. Pond number 1
should have been built before any impervious surface was added to the Coastal
Community Action Site.
3.Both Coastal Community Action and Newport Triangle Commercial Subdivision have
been issued Notices of Violation from our office for failing to have a completed and
functioning stormwater pond on site.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone]
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax
Customer service
1 800 623-7748
�i*A
NCDENR

Date: June 21, 2004
Project Name: Newport Triangle Commercial Subdivision
Stormwater Permit No. SW8 020830
Failure to provide the "Plan of Action" by July 22, 2004, or to correct the
violations by the date designated in the Plan of Action", are considered
violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement
action which may include recommendations for the assessment of civil and
criminal penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Carteret County Buildingg Insppector, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily
resolved.
If you have any questions concerning this matter, please call Gary Beecher at (910)
395-3900. Ext. 222
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS:\ghb S:\WQS\STORMWAT\NOTICE\SW8 020830.June04
cc: Katrina Marshall, Carteret County Building Inspections
Gary Beecher
Central Office

FRONT OF BUILDING
SIDE OF WELDING

Re: Newport Triangle
Subject: Re:, Newport Triangle
Date: Tue, 08 Jul 2003 16:02:09 -0400 10
From: Edward Schwartzman <[e-mail]> �v
Organization: NC DENR DWQ 0 �J
To: Linda Lewis <[e-mail]>
Linda,
Thanks! You are right about the drainage area to the north of the wetland.
With the culvert in place underneath the road, it is configured to receive
run-off from the north side of the property. However, when I have checked on
tow occasions, the water does not appear to flow south towards the wetland,
rather it seems to flow north and pond on the north side of the road.
Nonetheless, the drainage area needs to be addressed. I sent Ron Cullipher
an e-mail last week asking for specifications on the wetland and its holding
capacity. I also asked him to provide elevations for the area north of the
road and for the culvert to find out its drainage path. I've included below
the text of the e-mail that I sent him over a week ago. Of course, he has
not responded to me yet. I will be out from tommorow until 7/21 but will
make sure to get in touch with him when I return. Thanks again for the heads
up.
Ed
E-mail to Ron Cullipher
Newport Triangle Wetland
1. In regards to the pipe underneath McQueen Avenue that drains south
into the wetland, you agreed to breach the berm blocking flow on the
south side of McQueen Ave. However we need spot elevations for the north
side of McQueen Ave in order to evaluate the drainage area north of the
wetland and assess whether the angle of the culvert under the road needs
to be adjusted. Please include elevations for the inverts on both ends
of the culvert.
2. In regards to the northwest corner of the wetland nearest NC-70, this
area is outside the 50' ROW along NC-70 and impacts to the wetland there
were not permitted under the 401 certification. The ditches surrounding
this area must be filled to eliminate drainage and the area must be
replanted. There is no need for a flashboard riser connecting the
culvert and the junction box at the end of McQueen Ave near NC-70.
Please restore this area.
3. Regarding replacement of the stormwater pond adjacent to the wetland,
please provide an explanation of why stormwater cannot be directed into
the wetland from the originally planned stormwater detention basin.
Would it be possible to direct stormwater into the wetland from the pond
if it were rotated so that long axis were perpendicular to the wetland?
If this is not possible, then please show calculations confirming that
the wetland can assimilate the predicted run-off from the drainage area.
This should include total drainage area to the wetland from all on -site
I of 2 - 7/8/2003 5:12 PM

Re: Newport Triangle
and off -site sources (including roadside drainage) and the storage
capacity of the wetland. The latter should include some reference to the
allowable depth of ponding, and this may require measuring the depth of
organic soil available for saturation.
Please also provide specifications for the grass swale and infiltration
ditch used to intercept run-off and direct it into the wetland. As much
as possible every effort should be made to ensure sheet flow of run-off
into the wetland and prevent channelization. Furthermore please ensure
that the infiltration ditch is plugged on both ends to prevent drainage
away from the wetland.
Newport Middle School site
4. In terms of the middle school stormwater plan, the drainage from the
ballfields and overflow from the stormwater pond should have low flows
directed into the adjacent wetland. The existing outlet channel should
be maintained and adjusted to receive higher flows and divert these from
the wetland.
5. The wetland in the northern corner of the site near the school and
Hibbs Rd. should be replanted as we previously discussed.
Please get back to me with the above information as requested.
Thanks,
Ed Schwartzman
Linda Lewis wrote:
> Dear Ed:
> I was able to squeeze in an inspection at the Newport Triangle last week
> before I went on vacation. Were you aware that all of the property to
> the north of the site (permitted as low density) will also drain through
> this wetland? There is a pipe under McQueen that drains the road ditches
> of that north area. If the wetland is approved as a stormwater treatment
> device for the southern portion of the Newport Triangle, there needs to
> be something in the permit that defines the approved drainage area, and
> takes into account the offsite runoff entering from the north. I don't
> want Mr. Joyce to have the opportunity to modify the low density part to
> high density and use this wetland as the treatment device, unless you
> feel that it could still provide sufficient treatment.
> Linda
2 of 2 7/8/2003 5:12 PM

Re: ,tormwaier at Newport School site
Subject: Re: stormwater at Newport School site
Date: Fri, 20 Jun 2003 15:56:54 -0400
From: Edward Schwartzman <[e-mail]>
Organization: NC DENR DWQ
To: Linda Lewis <[e-mail]>, [e-mail]
Linda,
The pond is not part of the school but rather is located to the south of the school and treats stormwater
from Newport Triangle. Your calculations of drainage area and built -upon area seem more or less
correct. (There are presently several acres intended to drain into the wetland from the north, which
would be in addition to the drainage area you cited in your e-mail.)
DWQ did suggest that the wetland be used to treat the stormwater at this site (John, correct me if I'm
wrong). As a matter of fact the developer got enhancement credit for adding water to the wetland. Tc
quote the mitigation plan approved by DWQ, "A total of 12.9 on -site wetland acres will be enhanced
through incorporation into the overall stormwater management system."
As far as the treatment capacity of the wetland, I believe it is more than adequate to handle the
stormwater from the built -out area. I ran some calculations which I am attaching to this e-mail that show
that the assimilative capacity of the wetland. In summary my calculations were based on the following
assumptions. The wetland measures approximately 12 acres. The drainage area is approximately 20 acres
(the 10.62 you cited plus an additional 10 to be safe from the north side of the wetland). The built -out
condition is based upon a commerical/business land cover class (85% impervious) on drained Leon soils
(hydraulic soil group B). This yields a high run-off coefficient of 92. Given a 1" rain event, 8 acre -
inches of run-off (or 29,040 ft3) would be generated. Assuming 9" of water ponding in the wetland, a
wetland with 0.89 acres of surface area would be necessary to adequately hold the run-off. This is far
below the available 12 acres of surface area that can be utilized in the present wetland.
I also want to point out that the wetland in question is a pocosin/pond pine woodland type wetland. It is
thickly vegetated and has thick organic soils. These features are also favorable for this wetland being
able to assimilate the stormwater. I visited the wetland back in April and it was dry probably because of
hydrological alteration in the surrounding area. It is cut-off by NC 70 on the west and Chatham Rd. to
the east. It could probably use an input of stormwater to restore its function.
As far as the infiltration ditch/swale, I don't know any specifics. My impression was that it would be
used to direct the stormwater to the wetland for treatment. Some ponding would probably occur in this
area adjacent to the wetland but we would like to assure as much as possible that any excess flows be
directed into the wetland and not off site.
Under the wet pond design, after initial treatment, water would be discharged offsite to a creek to the
east. If the stormwater could be adequately directed into the wetland, I anticipate almost 100%
assimilation of the stormwater as the surface area of the wetland is sufficient to handle more than the
projected volume of rum -off and these types of wetlands basically act as sponges with their deep organic
soils.
If you feel that more precise calculations are necessary, please recommend them to me. If your concerns
persist, I suggest that we meet at your convenience and probably on -site to discuss them.
Thanks a lot for your time and patience in reviewing this project.
1 of 2 6/20/2003 4:30 PM

Re: aomw%act at Newport School site
Ed
Linda Lewis wrote:
Ed:
The permittee for Newport Triangle does not have a good reputation with us. Who will be
providing the calculations to demonstrate that equal or better protection is provided by the
revised infiltration swale/wetland system? Is this pond part of the school, or part of Newport
Triangle? A permit modification must be issued before any work can start. Did DWQ suggest
this course of action, or did the developer?
If the pond is in the Newport Triangle, it is permitted to treat runoff from a 10.62 acre
drainage area and 9.5 acres of built -upon area. How big would the dry detention/infiltration
swale be?
Is this too much built -upon for the wetland to handle? How would you make this determination?
Linda
Edward Schwartzman wrote:
> Linda,
> Another note on Newport School site...
> I spoke with the engineer today, and he asked for a preliminary go-ahead from you to use a
> grass Swale instead of a wet detention pond before submitting a full plan for the
> stormwater permit modification. Can we give him some assurance that a modification is
> doable on this or do they need to submit the full plan first?
> The reason for wanting to go ahead with the plan before formally requesting the
> modification is that a one -acre lot that ties into the stormwater plan is slated for
> construction soon and they would like to proceed with the plan to use the swale at this
> time.
> Ed
Name: WL sizing calculations for Newport.xls
r; Type: Microsoft Excel Worksheet
u WL sizing calculations for Newport.xls (application/vnd.ms-excel)
Encoding: base64
Download Status: Not downloaded with message
2 of 2 6/20/2003 4:30 PM

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITYSECTION. 127 Cardinal Drive, Ext., Wilmington, NC 28405-3845 [phone]
10,101-10M
1. Project Location 6 y 0 Pictures: No ❑ Yes Prints ❑ Slides ❑ Digital �(� Video El2. Weather and Soil Conch ions S. } " w.LY 'I-
3. Is site currently under notice of violation? Yes ❑ No
4. Is the site in compliance with the S.P.C.A. and the rules? Yes ❑ No )K If no, check violations below:
5. Violations:
❑ a. No approved plan, G.S. 113A-57(4) and 15A NCAC 4B.0007(c) Elg. Inadequate buffer zone, G.S. I I3A-57(1)
jib. Failure to follow approved plan, G.S. 113A-61.1 ❑ h. Graded slopes and fills too steep, G.S. 113A-57(2)
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and or 15A NCAC 4B 0024 (d)
15A NCAC 413.0018(a) ❑ i. Unprotected exposed slopes, G.S. 113A-57(2)
)Kd. Failure to provide adequate groundcover, G.S. 113A-57(3) and Aj. Failure to maintain erosion control measures,
15A NCAC 4B.0007(b) or 15A NCAC 4B.0024(e) 15A NCAC 4B.0013
❑ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ❑ k. Other(descnbe)
❑ f. Failure to take all reasonable measures, 15A NCAC 4B.0005
6. NPDES Permit Violation? Yes,' No ❑ Describe
7. Has sedimentation damage occurred since last inspection? Ye If yes, where? (check all that apply): No ❑
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other property ❑
Descrintinm im
Degree of damage. Slight ❑ Moderate Severe ❑
8. Contact made with (Name) ,t/aN6
Inspection Report given ❑ or sent :Er to Person Financially R,
9. Corrective actions needed:
Date
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-6

Newport School Site - Stormwater Wetland Sizing Calculations
Necessary
Estimated
Wetland
Available
Drainage CN (Run-off
R (Run- Volume of
Surface
surface
Area Coefficient)
off) run-off
Area"
area
20 ac 92*
0.4 -.8.ac-in
0.8ac
12 ac
(29040 ft3)
Designed for 1" storm event (P=1 ")
R= (P-0.2S)1/2 / (P+0.8S)
S= 1000/CN-10
S= 0.87
R=0.4
Assumes comercial/business district (85% impervious cover) on drained Leon soils. Future use will be business/educational.
** Assumes 9" depth for temporary water storage