SW7040601_HISTORICAL FILE_20180209

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
DOC DATE
/2�
YYYYMMDD

North Carolina Secretary of State Search Results
Page 1 of 2
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Limited Liability Company
Legal Name
JOHN HARRIS & ASSOCIATES, L.L.C.
Information
Sos I d: 0544542
Status: Current -Active
Annual Report Status: Current
Citizenship: Foreign
Date Formed: 4/12/2000
Fiscal Month: December
State of Incorporation:
VA
Registered Agent: Dorton, David R.
Addresses
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Reg Office Reg Mailing Mailing
301 Fayetteville Street, Suite 1700 301 Fayetteville Street, Suite 1700 9618 Bay Point Drive
Raleigh, NC 27601-2173 Raleigh, NC 27601-2173 Norfolk, VA 23518-2035
Principal Office
9618 Bay Point Drive
Norfolk, VA 23518-2035
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Manager
John W. Harris
9618 Bay Point Drive
Norfolk VA 23518
https://www.sosnc.gov/online_services/search/Business_Registration_Results 2/9/2018

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SOWivision 'FOX KMOLL COA
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V�
6k
ROY COOPER
c verflor
MICHAEL S. REGAN
Sr•sxrlrrry
WILLIAM E. (TOBY) VINSON, JR.
Energy. Mineral & horrin)0Drroor
Land Resources
ENVIRONMENTAL OVALITY
February 12, 2018
John Harris & Associates, LLC
Attention: Mr. John W. Harris, Manager
9618 Bay Point Drive
Norfolk, VA 23518
Subject: Stormwater Permit Renewal
Stormwater Management Permit SW7040601
Fox Knoll Commerce Park, Phase Two
Currituck County
Dear Mr. Harris:
A Division of Energy, Mineral, and Land Resources file review has determined that
Stormwater Permit SV 7040601 for a stormwater treatment system consisting of a wet
detention pond serving Fox Knoll Commerce Park, Phase Two located on Fox Knoll
Drive in Powells Point, NC expires on November 2, 2018, This is a reminder that permit
renewal applications are due 180 days prior to expiration. We do not have a record of
receiving a renewal application.
Please submit a completed permit renewal application along with a $505.00 fee for
permit renewal. Permit application forms for renewal can be found on our website at
}�it�)s: -jcE c7. }�_v �b�rut divisions E:n�r � n�inc.r �1-I�uict-resources/c:���r{;y-u�inei Aland
ruIes/sto I-11.1 Iva te. r-. ro Tram 3ost-construc oi)n. North Carolina General Statutes and the
Coastal Stormwater rules require that this property be covered under a stormwater
permit. Failure to maintain a permit subjects the owner to assessment of civil penalties.
If you have questions, please feel free to contact me at [phone]. 1 will be glad to
discuss this by phone or meet with you.
Sincerely,
Roger K. Thorpe
Environmental Engineer
State o' North Caroltna ; Lri%+nnm,„nail Quallty I Energy. Minrral and Land ftcsntureti
Washington Rroiona{( ({ire l 1)43 washinytnnSyuarr. Mail I WashingUm. NC 27t58l)
1;i2 ��1h h4 til

'1 LIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: JOHN HARRIS & ASSOCIATES, L.L.C.
SECRETARY OF STATE ID NUMBER: 0544542 STATE OF FORMATION:VA Fdmg Office Use Only
E-Flied Annual Report
0544542
REPORT FOR THE YEAR: 2017 CA201711500078
4125/2017 W50
SECTION A: REM_T_ERED-AGENT'S INFORMATION Changes
1. NAME OF REGISTERED AGENT: Dorton, David R.
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
301 Fayetteville Street, Suite 1700 301 Fayetteville Street, Suite 1700
Raleigh, NC 27601-2173 Wake County Raleigh, NC 27601-2173
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Development
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
9618 Bay Point Drive
Norfolk. VA 23518-2035
5. PRINCIPAL OFFICE MAILING ADDRESS
9618 Bay Point Drive
Norfolk, VA 23518-2035
SECTION C: COMPANY.QEFIQIALS (Enter additional Company Officials in Section E.)
NAME: ,John W. Harris
NAME:
TITLE: Manager TITLE:
ADDRESS: ADDRESS:
9618 Bay Point Drive
Norfolk, VA 23518
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANbl UAL REppRT, Section D must be completed in its entirety by a person/business entity.
John W. Harris
SIGNATURE
Form must be signed by a Company Official listed under Section C of this form.
John W. Harris
Print or Type Name of Company Official
4/25/2017
DATE
Manager
Print or Type The Title of the Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh. NC 27626-0525

07/08/2004 ia:21 2524915112 PERFORMANCE ENG PAGE 01
FAx TRANSMISSION
PERFORMANCE ENGINEERING
6604 CARATOKE HIGM'YVAY
PJ,'lELL5 POINT, NC 27955
(?52) 49 1 -5254
Fix: (252) 4P1-5I 12
e-mail: bobpe�i-nc.l)e1
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Subject: To d �- No �-L co M lvLL Pps o--) ?� A <A TWO 'STO f�M\q AT Z
NV," � T- 1`' Ob)T- K-ATIO H
COMMENTS:
PLEASE ADNrISE IF YOU DO \OT RECEIVE THE ENTIRE TRANTSMITTAL )N
1.1,01C;T,r C0NJ7TTJ f;;.

ROBERT J STEWART, JR., P.E.
Civil Engineer - NC & VA Registration
PER Pf?jMA/%/CE
rCIN�ERING .
8604 CAi9ATOKEHWY. POWELLS RDINT, NC 27966 • (252j 491=8354/PHONE • (252J 491-5112/FAX
March 14, 2005
Mr. Roger Thorpe VM-OAA(I
NCDENR- Div. of Water Quality 5���
943 Wash i ngto n,Sq uare Mall 4 I.`.y;nj
Washington, -NC 27889 ,
re: Stormwater Permit No. SW7040601
Fox Knoll Commerce Park, Phase Two
Engineer's Project No. 316 ,
Dear Mr. Thorpe,
I have enclosed the Designer's Certification for the above referenced project. I conducted a
final inspection this date and the modifications to the wet pond have been completed in
substantial conformance with the approved plans. have also notified the owner's attorn ley'that
amended Declarations of Protective Covenants must be submitted prior to March 31, 2005 as set
forth in special condition 48. Please advise if you have questions or concerns or,if additional
documentation is necessary. Thank you for your cooperation and consideration in the disposition
of this matter. i remain available for discuss`ol i��our.convetiience.
Very best regards,
PERFORMANCE ENGINEERING
`�•`��'� Aloe/,L•,�
ff SEAL
'�� w
Robert Y. Stewart, YJr. ,' P.E. 3 I 19191ip
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cc w/enclosure:' Mr: John Harris G�N��
Ms. Cheryl Eggar, Lurnt�f�kiaf„i�►%Manning
C:1Documents and Settings\Bob Stewart\My DocumentsTorel User
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Fox Knoll permit condition
Subject: Fox Knoll permit condition
From: Mary Penny Thompson <[e-mail]>
Date: Tue, 02 Nov 2004 15:17:21 -0500
To: Roger Thorpe <[e-mail]>
CC: Bradley Bennett <[e-mail]>
Roger,
Here's my stab at permit condition drafting. The condition didn't
seem to fit well into any existing permit condition category, so I
would suggest adding a new section before Design Standards. Mr.
Daniel Khoury offered to make the changes to the Declaration of
Protective Covenants once he a copy of DWQ's conditional approval.
His address is Daniel Khoury, Attorney at Law, P. O. Box 2, Kitty
Hawk, NC 27949
I. Special Condition
This permit is effective upon receipt of an amended Declaration of
Protective Covenants to correct an inaccurate reference in § 8.03
Enforcement. The current Enforcement section indicates that the
State is the beneficiary of § 5.05 (Exterior Maintenance) when it
should reference § 4.03 (North Carolina Division of Environment and
Natural Resources Water Quality Stormwater Regulations).
Please let me know if you need anything further.
Mary Penny
Mary Penny Thompson <mary.p.thompson c ncmail.net>
Assistant General Counsel
N.C. Department of Environment and Natural Resources
Office of General Counsel
1 of 1 11 /2/2004 3 :22 PM

[Fwd: Fox Knoll]
Subject: [Fwd: Fox Knoll] I
From: Bradley Bennett <[e-mail]>
Date: Tue, 05 Oct 2004 14:48:03 -0400
To: Roger Thorpe <[e-mail]>
Roger,
Here is Mary Penny's email on the remaining issues that she has with this one.
Original Message--------
Subject:Fox Knoll
Date:Fri, 01 Oct 2004 18:22:22 -0400
From:Mary Penny Thompson <mary.p.thompson a,ncmai1.net>
Organization:NC OENR, Office of General Counsel
To:Bradley Bennett <bradley.bennett a,ncmail.net>
Bradley,
I've left voice mails for Daniel Kory (atty), Jim Edsell (atty) and
Wayne Sawyer (property owner) explaining my two concerns with the
restrictive covenants. I'm sending my concerns on to you as well in
case you need to explain them to Mr. Sawyer in the event that he can't
reach me.
1) I am unclear on how long the provisions of the restrictive covenants
last. One section says that the Declarant's Rights Period expires at
the sooner of the conveyance of all lots or 12/15/07. That section
seems to conflict with the section that says all provisions last for 30
years and will be renewed in 10-year periods. I am hoping that an
explanation of the Declarant's Rights Period will solve the confusion.
2) I believe there is an error with one of the internal references of
the restrictive covenants. Section 8.03 that deals with Enforcement
says that the State is the beneficiary of Section 5.05, however, Section
5.05 talks about exterior maintenance. Section 8.03 should probably
refer to Section 4.03 which deals with stormwater.
I hope that helps,
Mary Penny
1 of 2 10/5/2004 4:57 PM

Re: Fox Knoll
Subject: Re: Fox Knoll
From: Mary Penny Thompson <[e-mail]>
Date: Tue, 05 Oct 2004 17:21:46 -0400
To: Roger Thorpe <[e-mail]>
CC: Bradley Bennett <[e-mail]>
Roger,
I can help, but I'm out of the office October 6th through 19th, so
I'll touch base with you when I return.
Mary Penny
Roger Thorpe wrote:
I can issue a permit for the Fox Knoll Stormwater pond that
includes a condition that requires them to correct their
restrictive covenants. But I am not exactly sure what to include in
the conditions. Can you help?
Roger
Mary Penny Thompson <mary.pahompson rr,ncmail.net>
Assistant General Counsel
N.C. Department of Environment and Natural Resources
Office of General Counsel
l of 1 10/6/2004 8:38 AM

[Fwd: Fox Knoll]
Bradley Bennett
N.C. Division of Water Quality
Stormwater and General Permits
Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Phone: [phone] ext. 525
Fax: [phone]
email: brad ley. bennett[aD,ncmail.net
Web: http:llh2o.enr.state.nc.us/su/stormwater.htmI
Mary Penny Thompson <mary.p.thompsonRncmail.net>
Assistant General Counsel
N.C. Department of Environment and Natural Resources
Office of General Counsel j
2 of 2 10/5/2004 4:57 PM

07/08/2004 1,1:21 2524915112 PERFORMANCE ENG PAGE 02
RONERT J. STEWART JR., PE.
CIVIL EnglnB6r - NG 6 VA RoglsfrdtiOn
PERF(�f�1�1AAICE
tl7lGINRIIVG
BSO4 CARATQKE HWY. • POWELLS POINT, NC 2T�6t� •
4914-75d1FHONE + (252) $91-5112/FAX
Memorandum
July $y 2004
Re: Fox Knoll Commerce Park, Phase Two Storm -water Management Permit Modification,
Project #316
On July 7, 2004 I spoke with Mr. Roger Thorpe of the Div. Of Water Quality regarding the
proposed modification to the permit for Fox Knoll, Phase Two wet pond. Mr_ T7torpe and 1
discussed several matters of a technical nature regarding existing and proposed conditions
applicable to the project. The conversation then turned to the issue of easements. I reiterated the
opinion expressed by Mr. Jim Edsall that between the Deed of Trust between Messrs. Harris and
Sawyer and the Declaration of Protective Covenants, substantive and adequate language exists to
egabli5b and preserve easements necessary for the on -going maintenance of the wet pond and the
adjacent area. Mr. Thorpe requested that either the attorney for Mr. Sawyer or the attorney for
Mr. Harris submit a written statement confirming the aforementioned legal opinion and
providing a copy of the two documents referenced. Mr. Thorpe will then submit the documents
and the letter from the attorney to Ws Legal staff for review and concurrence with the opinion
stated.
Mr. Thorpe also questioned whether the modification should be issued in the name of the Fox
Knoll Property Owners' Association rather than in the name of John W. Harris & Associates,
LLC. In reviewing the Declwati.ou. of .Kestarictive Covenants, I surmised (hopefully correctly) that
the Property Owners' Association will not assume control Ever the project until the Deelarant's
Rights Period has expired. This occurs when all of the lots are conveyed or Dec. 15, 2007,
whichever comes fast. This being true, it seems that no change in permittee name should take
place at this time.
Recipients of this memorandum who note errors and/or omissions are asked to contact Bob
Stewart so that additions and/or corrections can be distributed expediently. Everyone's
cooperation in this regard is greatly appreciated. {
Cc, via facsinule: Mr. John W. Harris
Mr. Daniel Khoury
Mr. Jim Edsall
Mr. Wayne $awyey
Mr. Roger Thorpe
C.-Oocuments and Settiri&Bob Stewart\My Drycu,mcntslCorel User Files13161Memoranduwduly
8. wpd

DWQ/WARD
Fax:[phone]
F. 1
4<* Transmit Conf - Report >k>k
Telephone Number
89197339919
Jul 28 504 16:38
Mode
Start
Time
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Result
Note
NORMAL
28,16:31
6'25"
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NCDENN
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DIVISION OF WATER QUALITY
WASHINGTON REGIONAL OFFICE
WASHINGT0N, NC 27889
n Phone:[phone] Fax:[phone]
FAX NO. `l(`I r73 �91.�—
FROM: _ Ao'24ir _T 0 rg&
DATE: _ y- 7 l. 2-f f vy
NO. OF PAGES (INCLUDING COVER): j
COMMENTS: K -T_

.=AM -ice
NCDENR
DIVISION OF WATER QUALITY
WASHINGTON REGIONAL OFFICE
WASHINGTON, NC 27889
Phone:[phone] Fax:[phone]
FAX NO. 2 t I 733 '7rlry
FROM: /Z0'2
DATE: OL 7I;'-k10"-
N0, OF PAGES (INCLUDING COVER): Is -
COMMENTS: K.1" -f {moo ; n f c c-.i
943 Washington Square Mall, Washington, NC 27889

AF �l
NCDENR
C�nRW�[�T wO NMl/�I�l Ruo�r¢[�
DIVISION OF WATER QUALITY
WASHINGTON REGIONAL OFFICE
WASHINGTON, NC 27889
Phone:[phone] Fax:[phone]
TO:
FAX NO.
FROM:
DATE:
NO. OF RAGES (INCLUDING COVER):
COMMENTS:
943 Washington Square Mall, Washington, NC 27889

ROBERT J. STEWART, JR., P.E.
Civil Engineer - NC & VA Registration
PERFURMANEE
• El�IG1111EERIN .C�.
8684 CARATOKE HWY. • POWELLS POINT, NC 27966 • (252j 491-835OECEIVED
HONE r,[phone]/FAX
July 23, 2004 ' JUL 2 7 2004
Mr. Roger -Thorpe
NCDENR- Div. of Water Quality ®Q-vuAi�o
943 Washington Square Mall
Washington, NC"27889
re: Fox Knoll Commerce Park, Phase 2, Modification to Permit # SW7000905
Engineer's Project No. 316
Dear Mr. Thorpe,
.,Pursuant to our recent telephone discussions, I have revised Plan Sheet 1 of 1, relating to`the
above referenced Permit Modification request. The two enclosed prints (ead file 31613MPMOD-
PH2, REV. 1) include the following revisions:
a. i have added "equilization ports"•to the proposed vinyl wall to prevent differential hydrostatic
pressure from causing the' -wall to lean.
b. I have added a note" explaining that the swale on the east side of Chase Drive.will be plugged
just. downstream of the -culvert which lies beneath Chase Drive. This will prevent run-off from
adjacent properties from draining into the Fox Knoll BMP.,
c. I have corrected an the orifice size on the discharge structure detail. The correct orifice
diameter'is 2" as currently shown.
Also enclosed.are documents provided by'Mr. Jim Edsall, Attorney at Law; Ttiese.documents,
which are enumerated in Mr: Edsall's cover -letter, are submitted to substantiate the -opinion'that
existing legal instruments are adequate to: establish.and preserve easements necessary for the -on-
going access to aced'maintenance of the wet pond by the Fox Knoll Property Owneis Association.
As I understand it, you will forward these documents to•the appropriate legal experts to obtain
r.
concurrence.
Thank you for your time and attention in addressing these issues. If there is any action on my
part that might expedite -the process please let me know.
Best regards,,
PERFORMANCE ENGINEERING
Robert J. Stewart, Jr., P.E.
cc -'Mr. John Harris
Mr. Wayne Sawyer
Mr. Jim Edsall
C:IDocuments and SettingslBob StewartlMy DocumentslCorel User
Files13161Thorpe-1'tr-7-23-04.wpd
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THE LAW FIRM OF
EDSALL & EPP
ATTORNEYS AT LAW. P.C.
JAMES T. EDSALL, Pres. 9562 CARATOKE HIGHWAY, P. 0. Box 70 PHONE, [phone]
JAMES D. EPP, V.P. HARBINGER, NORTH CAROLINA 27941 FAX: ( RE COVED
JUL 2 7 2U04
July 22, 2004
DWQ-WARS
Wayne Sawyer
Bennett's Creek Wholesale Nursery
RE: proposed modification to permit for Fox Knoll, Phase 2, wet pond
Dear Wayne,
It is my opinion, and the opinion of Chris Burti, chief legal counsel for Statewide Title Insurance
Co., that the documents currently recorded in the public record are sufficient to establish and preserve
easements for the Fox Knoll Owners' Association necessary for the on -going maintenance of the wet pond
and adjacent area. The pertinent documents in the Currituck County Public Registry are:
1) The Declaration of Protective Covenants for Fox Knoll recorded in Deed Book 589, Page 242,
2) The Supplemental Declaration of Protective Covenants for Fox Knoll adding Phase 2, being
Lots 15, 17, 18, 19, 20, 21, 22, 26 and 27 recorded in Deed Book 715, Page 863; and
3) The Deed from John Harris & Associates, LLC to Bennett's Creek Wholesale Nursery, Inc.
recorded in Deed Book 737, Page 442.
The original Declaration subjects the original lots to easements forthe Declarant (3.02), utilities and
drainage (3.03), maintenance (3.04), and environmental (3.05). Section 4.03 specifies the NCDENR
storm -water regulations, and provides that gill maintenance requirements shall be the responsibilities of the
Association subject to assessments. The Supplemental Declaration subjects additional lots, including Lot
18, to the same easements.
The Deed from John Harris & Associates conveying Lot 18 to Bennett's Creek Wholesale
Nursery, Inc. states that title to the property is subject to "Existing easements, restrictions reservations and
rights -of -way of record." By this language, Lot 18 was obtained by Bennett's Creek Wholesale Nursery,
Inc. Subject to the easements set forth in the Declarations. This Deed has, therefore, preserved for the
Owners' Association all rights of access to, and duties of maintenance of, the pond.
Copies of these three documents are attached. Should you, or representatives of NCDENR, have
any further questions, please do not hesitate to call.
Sincely=�y'�our-�s,��p�
Jim Edsall
Attorney at Law

Prepared by and return to;
Daniel D. Khoury, Attorney at Law
P.O. Box 1042
Kitty Hawk, NC 27949
PK 58gPG0247- t!)
FILED
IM NAY 21 P 1- 41
CHARLBE Y. DO1"IDY
CURT TULh COUNTYN.C. RECEIVED
n DECLARATION OF PROTECTNE COVENANTS
JUL 1 1 2004
FOX KNOLL
`lll{ DW -WARO
�1
THIS DECLARATION OF PROTECTIVE COVENANTS, made this 6th day of May, 2002
by John W. Harris & Associatcsa'-Virginia General Partnership hereinafter referred to as the
"Declarant;"
WITNESSETH:
WHEREAS, the Declarant is the owner of certain real property located in the Poplar Branch
Township, Currituck County, North Carolina and more particularly described in Article I herein and
said property being hereinafter referred to as "Fox Knoll" and the "Subdivision" herein; and
WHEREAS, the Declarant desires to provide for the preservation of the values of Fox Knoll
and, to this end, desires to subject the real property consisting of real property hereinafter dedicated
for both commercial and residential uses as more particularly described in Article I to the covenants,
conditions; restrictions, easements, charges and liens hereinafter set forth, each and all of which is
and are, for the benefit of said real property and each owner thereof; and
NOW, THEREFORE, the Declarant hereby declares all that property described in Section
1.01 to be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied, and
improved subject to this Declaration of Protective Covenants, easements liens and charges, all of
which are declared and agreed to be in furtherance of enhancing and protecting the value, desirability
and attractiveness of Fox Knoll and any part :hereof, and all of which shall run with the land and
shall be binding on all parties having or acquiring any right, title or interest in the described Fox
Knoll or any part thereof.
ARTICLE I.
STATEMENT OF SUBMISSION
Section 1.01 Submission of Property. The real property which is and shall be held,
transferred, sold, conveyed and occupied subject to this Declaration is shown on that Plat entitled,
Fox Knoll, Commerce Park, Phase I — Lots I -14, prepared by William T. Robbins, professional Land
Surveyor, and recorded in Plat Cabinet G Slide 247 in the Office of the Register of Deeds of
Currituck County, North Carolina, said recorded plat being hereinafter referred to in this Declaration
as the "Subdivision Plat".
Section 1.02 Notice of Intention of Future Submission of Phase H or Additional
Phases. The Declarant is the Owner of that property situated on Commerce Drive, Chase Court and
Dr. Newbern Road - N.C.S.R. 1116, and it is the intention of the Declarant to submit said property as
additional commercial lots at a later date as Phase II and/or Phase III to this Declaration by an
Amended Declaration. At such time as Phase II and/or Phase III is submitted to this Declaration, all
Lot Owners in all Phases subject to this Declaration shall have the rights and privileges and all the

common elements located within all Phases subject to this. Declaration. The Declarant is also the
owner of those lots situated on N.C.S.R. 1116 (also known as Dr. Newbem Road), and it is the
intention of the Declarant to submit said property at a later date as either Phase II and/or Phase III
and add said property to this Declaration subject to use as either commercial or residential lots. At
such time as said residential or commercial lots are submitted to this Declaration, all Lot Owners in
all Phases subject to this Declaration shall have the rights and privileges and all the common
elements located within all Phases subject to this Declaration.
ARTICLE 0.
DEFINITIONS
Section 2.01 Definitions. When used in'ih.s Declaration, unless the context shall prohibit
or otherwise require, the following words shall have all the following �-neanings and all definitions
shaII be applicable to the singular and plural forms of such terms:
(a) "ACT" refers to the North Carolina Planned Community Act as codified in Chapter
47F of the North Carolina. General Statutes.
(b) "Association" shall mean and refer to Fox Knoll Property Owner's Association, Inc.,
a non-profit corporation, successors and assigns.
�(c) "Assessments" shall mean and refer to any assessments levied by the Declarant or the
Association for the purpose of maintaining the roads, signage, landscaping and any other common
areas of the Subdivision.
(d) `Board" shall mean and refer to the go-rcrning body of the Association as more fully
described in the By-laws and Articles of Incorporation of the Association.
(e) By -Laws shall mean and refer to the By-laws of Fox Knoll Property Owner's
Association, Inc, as adopted by the Board of Directors as amended from time to time.
(f) "Declarant" shall mean John W. Harris & Associates, a Virginia.Partnership and any
successor in interest.
(g) "Declarant's Rights Period" shall refer to any and all privileges, powers, easements,
exemptions, rights and duties reserved to the Declarant by this Declaration and any reasonable
amendments thereto related to the development of Fox Knoll including the pursuit and furtherance of
the recitals set forth herein. The Declarant's Rights Period shall extend until the sooner to occur of
the conveyance of all Iots in Phases I, II and III of Fox Knot: or by Decemoer 15, 2007. During the
Declarant's Rights Period, the Declarant shall have all those special Der.larant's Rights defined by
the Act and in addition, those rights shall include at a minimum: the right cc make all appointments
to the Board, the right to be exempt from any assess,,nents, the right to approve the composition of
any Association created for the administration of the auhdivision and the right to levy assessments
against Lots for the maintenance of the Common Areas. During the Declarant's Rights Period, the
Declarant shall have all those special Declarant's Rights defined by thy,, Act.
.- (h) "Commercial Lots" shall mean all Lots in Phase I consisting of Lots (1) — (14) and
any additional lots that may be added by a future Phase or Phases with said Lots abutting Commerce
Drive and/or Chase Court.
(i) "Declaration" shall mean and refer to this Declaration of Protective Covenants and all
amendments thereof filed for record in the Office of the Register of Deeds of Cunituck County,
North Carolina.

RK9589FGQZ1!4
(j) "Dwelling Uait" shall mean and rcf;r to any improved property intended for use and
occupancy by a single household.
(k) "Improvements" shall mean and refer to any additions to a Lot including a dwelling,
garage, carports, porches, terraces, balconies, decks, patios, courtyards, greenhouses, atriums, bulk
storage areas, attics land basements and any other construction, which has been approved by the
Architectural Standards Committee of Fox Knoll.
(1) "Living Area" shall mean and refer to enclosed heated covered areas within aDwelling,
exclusive of garages, carports, porches, terraces, balconies, decks, patios, courtyards, greenhouses,
atriums, bulk storage areas, attics and basements.
(m) "Fox Knoll" shall refer to that Subdivision developed by the Declarant consisting of
Lots (1) — (14) in Phase 1 as described more particularly on that Plat referred to in Section 1.0I
herein and any Additional Phases that may hereinatcer be added by the recording in the amendments
of the Declaration in the Of#ice of the Register ;7f Deeds of.Currituck County, North Carolina.
(n) "Mobile Home" shall mean and refer to A modular unit, including double wide and
triple wide units, built on a chassis, designed to be used as a dwelling, with or without a permanent
foundation.
(o) "Owner" shall re`'er to the reco. e, owner whether one or more persons or entities, of the
fee simple title to any Lot situated within Fox Knoll but notwithstanding any applicable theory of
any lien or mortgage law shall not mean or refer to any mortgagee or trust beneficiary unless or until
such mortgage or trust beneficiary has acquired title pursuant to foreclosure or any proceeding in lieu
of foreclosure.
(p) "Person" shall mean and refer to a natural person, corporation, partnership, association,
trust, or other legal entity, or any combination thereof.
(q) "Residential Lots" shall refer to those lots on Dr. Newbern Road (N.C.S.R. 1116)
which Declarant may add in additional phases.
(r) "Subdivision" shall refer to the Lots 1-14 of Phase I, Fox Knoll, Commerce Park as
more particularly described on that plat referred to in Section 1.01 herein.
ARTICLE III.
PROPERTY RIGHTS
Section 3.01 General. Each Lot shall for all purposes constitute real property which shall
be owned in fee simple and which, subject to the provisions of this Declaration, may be conveyed,
transferred and encumbered the same as any other real property.
Section 3.02 Easements for Declarant. As long as the Declarant retains ownership of any
Lots within the Subdivision, Declarant shall have alienable and transferable right and easement for
purposes of ingress and egress of all roads within the Subdivision, for the purpose of constructing
any improvements in and to the Lots and for installing, maintaining, repairing and replacing such
other improvements to the Subdivision which may be undertaken by Declarant but for which in no
event shall Declarant have any obligation to do any of the foregoing.
Section 3.03. Easements for Utilities heal Drainage. The Declarant reserves unto itself,
its successors and assigns a perpetual alienable and releasable easement and right on, over and under
the ground to erect, maintain and use electric, gas, water, sewer, drainage facilities, telephone
systems, cable television services, and conduits for the purpose of bringing public services to the
Subdivision, on, in or over those made on the Subdivision Plat. Declarant reserves unto itself, its

°rl� 17�89PG 02 4 5
successors and assigns, perpetual, alienable and releasable easements within the Subdivision and the
right on, over and under the ground to cut dravnways for surface water and make any grading of the
soil whenever and wherever such action may app: : to Declarant to be necessary to maintain
reasonable standards of health, safety and appearance. These easements and rights expressly include
the right to cut any trees, bushes or shrubbery, take or add any soil, or take any other similar action
reasonably necessary to provide economical and safe utility installation or to maintain reasonable
standards of health, safety and appearance.
Section 3.04. Maintenance Easement. There is hereby reserved for the benefit of
Declarant, its respective agents, employees, successors znd assigns the right to enter upon any Lot,
such entry to be made by personnel with tractors or ol. er suitable devices, for the purposes of
mowing, removing, clearing, cutting or pruning underbrush, weeds or unsightly growth for the
purpose of building or repairing any land contour or other earth work which in opinion of the
Declarant or its agents detracts from or is necessary to maintain the overall beauty, ecology, setting
and safety of the -property. Such entrance shall not be deemed as trespass. Declarant and its
successors, and/or assigns or designees may likewi: e enter upon any Lot to remove any trash which
is collected without such entrance and removal b.6ng deemed as trespass. The provisions of this
paragraph shall not be construed as an obligation --n the part of the Declarant and/or any designee of
Declarant to undertake any of the foregoing.
Section 3.05. Environmental Easement. h is hereby reserved for the benefit of Declarant,
and its respective agents, employees, successors and assigns an alienable, transferable and perpetual
right and easement on, over, and across afI Lots for the purpose of taking any action necessary to
effect compliance with environmental rules, regulations, and procedures from time to time
promul�ated or instituted by any governmental entity or by the Board of Directors of the
-' Associttion, such easement to include, without limitation, the right to implement erosion control
procedures and practices, the right to drain standing water, and the right to dispense pesticides.
Section 3.06. Underground Street Utilities rnd Street Lighting. Declarant reserves the
right to subject the real property described hereinabo,:-� to a contract N.vith North Carolina Power
Company for the installation of underground electric, cables and the installation of street lighting,
either or both of which may require a continuous monthly charge to the Owner of each building lot,
in which event any charges shall be a common expense liability of the Association.
Section 3,07, Planting. Declarant reserves a 10 ft. planting easement in front of all lots
abutting Commerce Drive for the purpose of planting and the growth of Crape Myrde trees
which shall be planted on 30 ft, centers extending a]o:}; Commerce Drive, from the interkection
of Commerce Drive with Caratoke Highway as shown on that plat captioned "Tree Shading
PIan" in Plat Cabinet G at Slide 249 of the Currituc.k County Registry.
ARTICLE IV.
MAINTENAINCE
Section 4.01 Maintenance. Each Lot Owner shall be responsible for all maintenance,
repair of his Lot and/or Dwelling Unit together wish all other improvements therein and all
landscaping grounds on and within the Lot. Each 0,mier.shall be r-.sponsible for maintaining his Lot
in a neat, clean and sanitary condition and such responsibility shall include the maintenance and care
of all exterior surfaces of all improvements and all trees, shrubs, hedges, walkways, driveways and
landscaping.
Section 4.02 Driveway Culverts. Each I,ot Owner shall be responsible for the installation
and maintenance of a culvert approved by N.C. DOT with a minimum length of 15 ft. with flared end
with said culvert to be located in only that area designated by the Board and each Lot Owner shall
have the responsibility to maintain the integrity of any adjacent stormwater swale, such maintenance
to include removal of sediments within the swales, restabilization of the swales as needed and
upkeep of the vegetation cover on a periodic, as required, basis. Vehicular traffic and the parking of
any vehicles is strictly prohibited within any stormwater's swales.

EKn589FG021l6
Section 4.63 North Carolina Divisr..zn of Environment and Natural Resources
Water Quality Stormwater Regulation,- A State Stormwater Management Permit has been
issued by the Division of Water Quality for the State of North Carolina for the Subdivision. In
compliance with the terms of said permit, the following restrictions apply to the Subdivision:
(a) No more than 30% of any residential lot nor more than 60% of any commercial lot
shall be covered by structures or impervious materials. Impervious materials include asphalt,
gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the
water surface of swimming pools.
(b) Swales shall not be filled in, piped, or altered except as necessary to provide driveway
crossings. �.
(c) Any built -upon :area in excess of th:; permitted amount requires a state stormwater
management permit modification prior to construction.
(d) All permitted runoff from out parcels or future development shall be directed into the
permitted stormwater control systenn. These connections to the stormwater control system shall be
performed in a manner that maintains the integrity and performance -of the system as permitted.
(e) All maintenance requirement; sit forth in the Stormwater Management Permit
Conditions shall be the responsibilities of the Association subject to assessments.
ARTICLE V.
USE RESTRICTIONS
Section 5.01 P_uEpose. In order to protect property owners within Fox Knoll from
depreciation of values that could be caused by poor design and failure of materials, inharmonious
color schemes and haphazard location of improvements, Lots within Fox Knoll and all
improvements located thereon shall be subject to the restrictions set forth in this Article V. Every
grantee of any interest in Fox Knoll, by acceptance of a deed or other conveyance of such interest,
agrees to be bound by the provisions of this Article V.
Section 5.02 Lighting. Entrance anti yard lighting low below wattage, low levdl ground
lighting. High intensity flood lighting from poles or dwellings is not permitted.
Section 5.03 Drives. Drives shall be paving stones with minimum of 24 ft. in width at
the connection to the Street, paved with concrete or asphalt. Gravel drives are strictly
prohibited. -In the event an Owner wishes to locate a driveway in an area where it is necessary to
remove the Crape Myrtle tree, Owner will be responsible for replacing it at the nearest adjacent'
location with a tree if at all possible of similar maturity and growth.
Section 5.04 Tanks. There shall be no fuel tanks exposed to view.
Section 5.05 Exterior Maintenance. Each Owner shall be responsible for maintaining the
improvements on the exterior and further responsible for landscaping..
Section 5.06 Refuse. All garbage shall be stored within the business of each commercial lot
or in the storage facilities provided for said business at the time the same is constructed. No Owner
may change or supplement the garbage disposal facilities provided for each commercial lot. It is
provided; however, that if the Public Health Aut1.orities or other public agency shall require specific
method of garbage disposal, die owner must abide by the requirements of the public authority or
agency.

BKp�0gPG02111
..:1. Section 5.07 Use of Lots and DivelIings. All lots in Phase I and any Lots in additional
Phases which abut Commerce Drive and/or Chase Court shall be used for business, commercial or
professional purposes and not for residential use. Such commercial use shall not include any
industrial uses. All residential lots within the Subdivision which shall be added in additional Phases
and which shall abut Dr. Newbern Road shall be used oily for residential purposes and not for
business, manufacturing, commercial or professional purposes except those home occupations as
may approved by Currituck County, North Carolina. No noxious or offensive trade or activity shall
be carried on or upon any lot, nor shall anything be done thereon whicE, shall become an annoyance
or nuisance to other Lot Owners within Fox Knoll.
Section 5.08 Animals and Pets. Animals, iiv-stock or poultry of any kind shall not be
raised, bred or kept on any Lot except dogs, cats, or othe., household pets may be kept, provided that
they are not kept, bred or maintained for any commz:-cial purpose and provided that they are under
the control of their owners at all times.
ARTICy�� VI.
FOX KNOLL PROPERTY OWNERS' ASSOCIATION
Section 6.01 Membersbil2. Every person or entity who is a record owner of a fee simple
interest in any Lot as described in Article I is subject; by this Declaration to assessment by the
Declarant and subsequent to the Declarant Control Period, by the Fox Knoll Property Owners'
Association and shall be a member of the Association, provided, however, that any such person or
entity to hold such interest merely as a security for the performance of an obligation shall not be a
member. The requirement of membership shall not apply to any mortgagee or trustee beneficiary
acquiring title by foreclosure or otherwise pursuant to the mortgage or.deed of trust instrument.
Section 6.02 Purpose. The purpose of the Association shall t-e to maintain any common
areas of the Association including Subdivision signIage, any landscaping within any common areas
and the planting of trees every thirty feet along each side of Commerce Drive as shown on that plat
recorded in Plat Cabinet G at Slide 249 of the Currituck County Registry and any exterior lighting.
that may be required for the subdivision. The Association shall also be responsible for the
enforcement and the collection of assessments.
Section 6.03 Voting Rights. The Associatirn shall have one class of voting membership
and members shall be entitled to one vote for each Lot in which they hold an interest required for
membership by 6.01 of this Article. When more than one (1) person or entity holds such an interest
in any Lot, all such persons shall be members and the vote for such Lot shall be exercised as they
among themselves determine and such persons shall d:signate one (1) person to vote for their Lot,
but in no event shall more than one vote be cast with respect to any such Lot. These voting rights are
subject to those provisions made on behalf of the Declarant as set forth ii, Section 6.07 herein.
Section 6.04 Meetings. Regular Meetings shall be convened annually by the President of
the Association. Called meetings may be convened by the President of the Association or by any
three (3) members of the Association by giving thirty 1,30) days wr aen notice to all the Association
members.
Section 6.05 Quorum. A quorum for a regular or called meeting of the Association shall
consist of a majority of the members of the Association.
Section 6.06 Officers. Officers of the Association charged with the day today operation
of the Association and authorized to carry out the Association's business and execute documents on
behalf of the Association, shall consist of a President and a Secretary/Trecisurer, each appointed by
the Declarant during the Declarant's Rights Period and thereafter elected by a majority vote of the
Property Owners of the Subdivision..

811g5sgp607t!8 �L`
Section 6.07 Responsibilities and Authority. The members of the Association, by and
through its elected officers, shall be responsible for maintaining the Common Areas of the
Association.
Section 6.08, The Declarant's Representation. During the Declarant's Rights Period,
there shall be no amendment of this Declaration without the written -consent of the Declarant.
ARTICLE VII
COVENANT FOR PAYMENT OF ASSESSMENTS
Section 7.01 Creation of Lien and Perscnal Obligation for Assessments. Each Owner,
of a commercial lot, by acceptance of a deed th::rcfore, whether or not it shall be so expressed in any
such deed of other conveyance.. zhall be deemed to covenant and agree to pay to the Association
annual assessments or charges related to the maintenance of the Common Areas as designated on the
Subdivision Plat: The annual assesiaaent, togeth, : with such interest thereon and costs of collection
thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the
Lot against which each such assessment is r.tade. The annual assessment, which shall be due the
Association beginning on the 15°i day of September, 2002 shall be the sum of $200.00
Upon filing with the Currituck County Clerk of Court's office, each such lien shall be prior to
all other liens except the following: (1) assessments, liens and charges for real estate taxes due and
unpaid on the Lot; and (2) all sums unpaid on deeds of trust, mortgages and other encumbrances duly
of record against the Lot prior to the docketing of the aforesaid lien. Each such assessment, together
with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the
personal obligation of the person who is the owr er of such Lot at the time when the assessment fell
due.
Section 7.02 Purpose of Assessments. The assessments levied by the Association shall be
exclusively for the purpose of maintaining the Common Areas including landscaping and signage
and streets until public dedication for the Subdivision.
Section 7.03 Annual Assessments. The annual assessment shall never be greater than
$200.00 per Lot unless a majority of Lot Ovmers agree. The annual assessment shall be established
by the Declarant during the Declarant's Rights Period and thereafter shall be established b9 a budget
adopted by the Executive Board of the Association. pursuant to the revisions of Section 47F-3-1 03 (c)
of the Act.
Section 7.04 Due Dates of Assessments. Written notice of the annual assessment shall be
sent to every Lot Owner subject thereto between July 1 and September 1 of each year and the annual
assessment shall be due and payable on or before September 15 of each year.
Section 7.05 Effect of Non -Payment of Assessment: The Personal Obligation of the
Owner: The Lien: Remedies of the Association, If the assessments are not paid on the date due
then such assessment shall become delinquent and sb.all, together with such interest thereon and cost
of collection, including reasonable attorney fees thereof as hereinafter provided, thereupon become a
continuing lien on the Lot, or Lots, which sha?1 "bind such Lot or Lots, in the hands of the then -
owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then -
owner to pay such assessments, however, shall na(pass to his successors in title unless expressly
assumed by them.
If the assessment is not paid within th sty (30) days after the delinquency date, the assessment
shall bear interest from the date of delinquency ac the rate of interest set by the Board, not to exceed
the maximum rate permitted by law and the Association may bring appropriate civil action against
the Owner personally obligated to pay the same or to foreclose the lien against any such Lot, or Lots,
and there shall be added to the amount of such assessment to be collected upon foreclosure, the costs

BK.99ngpG 02L1 1
of such action and reasonable attorney' s fees to other cost incurred by the Association. In the event a
judgment is obtained against any owner for such assessment, such judgment shall include interest on
the assessment as above provided and reasonable attorney's fees to be fixed by the Court, together
with the costs of the action.
ARTICLE VIII.
GENERAL PROVISIONS
Section 8.01 Duration. All covenants, restrictions and affirmative obligations set forth in
this Declaration shall run with the land and shall be binding on all parties and persons claiming
under them to specifically include, but not be limited to. the successors and assigns, if any who shall
be burdened and benefited by these Covenants for a period of thirty (30) years from the date of this
Declaration, after which time, all said covenants shall be automatically extended for successive
periods of ten (10) years, unless an instrument signed by a two-thirds majority of the then -owners of
the Lots has been recorded, agreeing to change said covenants in whole or in part, provided,
however, that no such agreement to change shall be effective unless written notice of the proposed
agreement is sent to every Owner at least ninety (90) days in advance of any action taken.
Section 8.02 Notices. Any notice required to be sent to Owner, under the provisions of this
Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known
addreJ of the person who appears as Owner on the records of the Currituck County Tax Department
at the time of such mailing. Notice to any one of the Owners, if title to a Lot is held by more than
one, shall constitute notice to all Owners of a Lot.
Section 8.03 Enforcement. In the event of any violation or breach of any of the restrictions
contained herein by any property owner or agent of such Owner, Declarant, its successors or assigns,
or the Owners of Lots within the Subdivision or any of them, jointly or severally, (and any
Association that may become incorporated in the future) shall have the right to proceed in law or in
equity to compel a compliance to the terms hereof or to prevent the violation or breach of any of the
restrictions set out above, but before litigation may be instituted ten (10) days written notice of such
violation shall be given to the Owner or his agent. The failure to enforce any right, reservation or
condition contained in this Declaration, however, long continued, shall not be deemed a dvaiver of
the right to do so hereafter as to the same breach or as to a breach occurring prior or subsequent
thereto and shall not bar or affect its enforcement. The invalidation by any court of any restriction
contained in this Declaration shall in no way affect any of the other restrictions, but they and each of
them shall remain in full force and effect. In addition, the State of North Carolina as a beneficiary of
the obligations set forth in the Lot coverage provisions of Section 5.05 shall have a right to enforce
any violation of said Section.
Section 8.04 Interpretation. In all cases, the provisions set forth or provided for in this
Declaration shall be construed together and given that i.rnterpretation or construction which, in the
opinion of Declarant will best effect the intent of the general plan of development. The provisions
hereof shall be liberally interpreted and, if necessary, they shail be so extended or enlarged by
implication as to make them fully effective. The provisions of this Declaration shall be given full
force and effect notwithstanding the existence of any zoning ordinance or building codes which are
less restrictive.
Section 8.05 Severability. Whenever possible, each provision of this Declaration shall be
interpreted in such manner as to be effective and valid, but if the application of any provision of this
Declaration to any person or to any property shall be prohibited orheld invalid, such prohibition or
invalidity shall not affect any other provision or the application of any provision which can be given
effect without the invalid provision or application, and to this end the provisions of this Declaration
are declared to be severable.

IN WITNESS WHEREOF, the duly authorized partners of the undersigned Declarant have
executed this Declaration of Protective Covenants under seal, this the 14 day of May, 2002.
DECLARANT
JOHN W. HARRIS & ASSOCIATES, LL C-
A Virginia General Partnership
>3y. r
,? John W. Harris, General Partner
[CORPORATE SEAL]
STATE OF NORTH CAROLINA
COUNTY OF CURRITUCK
I, a Notary Public of the County nd state aforesaid, certify that John W. Harris, General
Partner of John W. Harris & Associates, airginia General Partnership, personally came before me
this day and acknowledge the duly execution the foregoing instrument as his act and deed and as the
act and deed of the Partnership.
WITNESS my hand and official stamp or seal, this -- day of May, 2002.
My Commission Expires Notary Public
SEAL/STAMP
..., . "OF I IAL EA "
Notary PuhUn, No Cwollno
Cntmtyof0Brs a4
Elaine Jordan
COfa6 sl6n Ex
NORTH CAROLINA, CURRITUCK COUNTY
The foregoing certificate(s) of C E c `, ,p r�r__ Ann N 6+n r7�e r
is (are) certified
to be correct. This instrument was presented for registration at + �o'clock r ► : f _, on
20 0 �- , and recorded in Book �_�_, Page s) H a, .
Re ister o eeds
By .
rsfmtt-Deputy Register of Deeds

(Pagel of 2)
Prepared by and return to:
Daniel D. Khoury, Esquire
Vandeventer Black LLP
P.O. Box 1042
Kitty Hawk, NC 27949
NORTH CAROLINA
DARE COUNTY
Ilfllfflll�Iff�1I�f11i�fllt�l�lj�rl�l1�[Il��llfllflllllflll�flfll�lf r,
Doc ID: 008168660002 TyyAe: CRP
Recorded:-e9/25/2003 at 0q;16:51 PM
Fee Amt: $17.00 Pape 1 of 2
CharlonekYCDMYV 'Rapleter of Deeds
BK715 PG863-864
RECEIVED
JUL 2 7 2004
OWQ-WARD
SUPPLEMENTAL DECLARATION OF PROTECTIVE COVENANTS
FOR FOX KNOLL
THIS SUPPLEMENTAL DECLARATION OF PROTECTIVE
COVENANTS for Fox Knoll, made this 22nd day of July, 2003 by John W.
Harris & Associates, LLC, a Virginia Limited Liability Company, hereinafter
referred to as (the "Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of that real property more particularly
described on that map or plat captioned "Fox Knoll Commerce Park — Phase 2,
Lots 15-29 Poplar Branch Township Currituck County North Carolina" dated
12/02 prepared by. William T. Robbins, Professional Land Surveyor, and filed in
the Office of the Public Registry of Currituck County, North Carolina, in Plat
Cabinet A--_ at S1ide2ts-Zzu consisting of Lots: 15, 17, 18, 19, 20, 21, 22,26
and 27 which shall be "Commercial Lots" as defined in Section 2.01(h) of the
Declaration and Lots: 23 and 25 which shall be added as "Residential Lots" as
defined in Section 2.01(q) of the Declaration (hereinafter referred to as "Phase
2"
WHEREAS, Declarant previously recorded a Declaration of Protective
Covenants for Fox Knoll Subdivision for Phase 1 in Book 589 at Page 242 in the
Public Registry of Currituck County, North Carolina (the "Declaration") which
Declaration in Section 1.02 made provisions for the Declarant to add Additional
Property and where it is now the intent of Declarant to add Phase 2 as Additional
Property and subject it to the Declaration; and
NOW, THEREFORE, the Declarant hereby declares that Phase 2 is and
shall be held, transferred, sold, conveyed and occupied subject to and together
with the terms, conditions and provisions of the Declaration which shall constitute
and be a part of the Fox Knoll Commerce Park .
Page 1 of 2

(Page 2 of 2)
r
Except as hereby supplemented, the Declaration shall remain in full force
and effect in accordance with the covenants, conditions, restrictions, terms and
provisions therein.
IN WITNESS WHEREOF, Declarant has caused this Supplemental
Declaration to be duly executed under seal as of the date first above written.
DECLARANT
John W. Harris & Associates, LLC,
a Virginia Limited Liability Company
By: (SEAL)
n W. Harris, Manage
NORTH CAROLINA
DARE COUNTY
I, a Notary Public of the County and state aforesaid, certify that John W.
Harris, Manager of Sohn W. Harris & Associates, LLC, a Virginia Limited Liability
Company, personally came before me this day and acknowledged the due execution
of the foregoing instrument as the act and deed of the Limited Liability Company by
authority duty given.
WITNESS my hand and official stamp or seal, this014 day of July, 2003.
Notary Public Vo
commission
My expires.
Page 2 of 2
17070alrm
:Aj
NORTH CAROLINA, CURRITUCK COUNTY
The foregoing certificate(s) of Elaine .Jordan, Notary of Dare Co., NC
is (are) certified
4:15:51
to be correct. This instrument was presented for registration at_ o'clock PM , on September 25
20 03 , and recorded in Book 715 , Page 863
R ester of D s
By
eputy Register of Deeds

Land Transfer No:
Land Transfer Tax: S3251.00
Excise Tax: $63�A04D
Tax Lot No.
Verified by
by
Doc ID: 000215920002 TYPe: CRP
Recorded: 12/15/2003 at 04:26:35 PM
Fee Amt: $3,919.00 Page 1 of 2
Excise Tax: $651.00
Currituck County, NC
Charlene Y Dowdv Register of Deeds
BK737 Pr-442-443
RECEIVED
JUL 2 7 2004
Recording Time, Book and Page
651 NORTH CAROLINA GENERAL WARRANTY DEED
Parcel Identifier No. 123D-000-0018-0000
. County on the day of
Nlaii after recording to: Edsall & Epp, PO Box 40, Harbinger, NC 27941
"Phis instrument was prepared by: Daniel D. Khoury, Attorney at Law File No. 085`i20020AT
O 14
Lot 18, Pliase 2, Fox Knoll Commerce Parli
Brief Description for the index
'11-11S DEED made this 131h day October, 2003 by and between
GRANTOR GRANTEE
JOHN HARRIS & ASSOCIATES, LLC
A 'Virginia Limited Liability Company
215 Brooke Avenue
Norfolk, VA 25310
BENNETT'S CREEK WHOLESALE NURSERY, INC.
3613 Bridge Road
Suffolk, VA 23435
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WITN ESSET 1, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and
by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Poplar
Branch Township, Currituck County, North Carolina and more particularly described as follows:
Being Lot IS, as shown on that certain inap or plat entitled "Recombination Survey of Fox Knoll Commerce Park, Lot IS, Fox Knoll
Commerce Park and Adjacent Parcels Poplar Branch Township, Currituck County, North Carolina" prepared by William T. Robbins,
Professional land Surveyor, dated December 5, 2003, and recorded in Plat Cabinet H, Slides 292, in the Oft -ice of the Currituck County
Public Registry.
TRANSFER TAX
TAX Alt OUNT
"Pax C 0J1Mt:as a-rtibcsation that
No Deliisagueot Taxq Are Due
Date{ Z� i 5-i3
Certificati
02 moires 3 1.6th of the
year fouowmg certification date.
NOTE -.THIS FORM CONTAINS REVISIONS WHICH ARE DIFFERENT FROM THE PROVISIONS OF THE OFFICIAL
FORM PROMULGATED BY THE NORTH CAROLINA BAR ASSOCIATION AND SHOULD BE CAREFULLY REVIEWED
PRIOR TO EXECUTION.

The property hereinabove described was acquired by Grantor by instrument recor-ded`ii Book]�E- Page 7-_9 .
A trap showing the above described property is recorded in Plat Cabinet H, Slides 218-220.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee
simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever except for the exceptions hereinafter stated.
"Title to the property hereinabove described is subject to the following exceptions:
Existing easements, restrictions, reservations and rights -of -way record.
All zoning ordinances and other land regulations applicable thereto
2003 ad valorem taxes.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed
in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the
day and year first above written.
JOHN HARRIS & ASSOCIATES, LLC, a Virginia
Limited Liability Company
By_ __
Jo . Harris, Manager
SEAL -STAMP USE STATE OF NORTH CAROLINA
BLACK DARE COUNTY
INK
ONLY 1, the undersigned, a Notary Public of the County and State aforesaid, certify that John W. Harris,
Manager of John Harris & Associates, LLC, a Virginia Limited Liability Company, personally
appeared before me this day and acknowledged the due execution of the foregoing instrument as his act
and deed and as the act and deed of the Company. Witness my hand and official stamp or seal this
day of October, 2003,
WdANa"( qotary Public. 1NOTAFiY p`'-1Li ` �
t C.Ot-"z �,
My commission expires:
./Ly
The foregoing Certificate of _ yvG {:t `Yl— 7 aY+J�' c �' ' •, u
is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on
the first page her "of
,-LCO, Ll.. ltit .��j L``�_` "Lam. REQI$T> F O, DEEQS,FOR Ujl'r �tud(- COUNTY
By
DFptp/Assistant-Register of Deeds.
NOTE-. THIS FORM CONTAINS REVISIONS WHICH ARE DIFFERENT FROM THE PROVISIONS OF THE OFFICIAL
FORM PROMULGATED 13Y THE NORTH CAROLINA BAR ASSOCIATION AND SHOULD BE CAREFULLY REVIEWED
PRIOR TO EXECUTION.

ROBERT J. STE'WART, JR.'' P.E..
Civil Engineer - NC & VA Registration
PER.E,Pf?4AA1%1EE.
8604 CARATOKE HWY. #'POWELLS POINT, .NO27966 • [phone]/PHONE • (252)'491-5112/FAX
FOX ' KNOLL COMMERCE PARK '- PHASE -TWO: ; , ECEIVED
PROPOSED MODIFICATIONS TO PERMIT NO.,.SW7000905
JUNE3, 2004 ENGINEER'S PROJECT NO. 316�� 7 ����
NARRATIVE
The permit modification being requested is necessitated by several factors. They areWQ-ARO
a. The wet pond was dug much larger in area than the original :design.
b. The'.land on which the wet pond is located; formerly a separate parcel, was sold to the entity
which purchased'the adjacent lot (Lot 18). The new owner is Bennetts Creek Wholesale Nursery,
3613 Bridge Road, Suffolk; VA 23435
c. Recent field work reveals that two culverts which were covered prior to the construction of
the wet"P9 nd are higher than originally thought. This condition requires that the discharge '
structure currently in placc be raised so that the orifice is higher than the downstream culverts.
d. The submerged berm which separates the forebay from the main basin has sloughed off as
shown graphically on Plan Sheet 1 of 1.
Regarding Item a, the_pond was enlarged to obtain fill material for construction of the Chase
Drive roadway. This, area was formerly very.low and the soils were unstable. In order to, maintain
access to the land application site lying to the east for the large and heavy vehicles which'utili2e
the site the roadbed had to be undercut and backfilled, requiring a substantial quantity, of fill
material. The excavation contractor maintained the general design geometry of the pond,
preserving the aquatic bench. and appropriate sideslopes:
Regarding Item b, the conveyance of the pond site to Bennetts Creek.Nursery was for the
purpose. of allowing' the Nursery to use the water in the pond to irrigate their, inventory of plants.
The intent is for the Fox Knoll Property Owners to be established -as the permittee.and to retain
responsibility for the maintenance of the pond as well.as the other .common areas within the
subdivision. Legal'documents will be re'corded'which will grant'a perpetual easement from the
owners to the Property Owners Association for i aaintenance activity. The owners representative,
Mr: Wayne Sawyer,_has stated that an irrigation 'system will be installed around the perimeter of
the pond to provide water for the perpetuation of the aquatic. vegetation.
Regarding Item c,.the discharge structure is to be raised to provide an orifice invert'elevation
of.5.46'. This,elevation will allow the temporarypool volume to draw down,via the two
downstream culverts immediately adjacent to the pond, thence via -the e,Xisting.farm ditch.The
area between the discharge outlet culvert and the first downstream, culvert will be re -graded to
provide separation between the pond and the outfall swale.
Regarding Item d, soundings were taken along the top of the forebay berm on 4/19/04. The
data indicates that the berm has deteriorated significantly, particularly in the middle. The

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FOX KNOLL COM IERCE PARK - PHASE TWO
NARRATIVE PG. 2 OF 2
proposed reparation consists of instal ling,a .wall of corrugate'd,,interlocking vinyl sheet piles. The '
wall will,extend to the temporary: pool ,elevation of 5'9':' Slots`wilI be`cut in to every other panel - i
which will. allow water to flow between the two.sides of the,pond,for draw down. This'deanising
;wall is depicted graphically on Plan Sheet.l of 1. Related to the deteriorated condition of•tlie:, ;
forebay berm is'the°erosion which has occurred' on" the south bank of the-pond..'Froin'observations.
taken during -the winter months, it, is apparent -that tKe prevailing'northeast and northwest'•winds
generate .Wave,action forceful enough to. damage' the shorehne.,lt`is -fW that the -proposed virryl
, wail, being approximately 100 ft. from the'south.shoreline, will dissipate the wave e-nergy,'and-the
- south shoreline.can'be-stabilized with vegetati.on..lf'the erosion continues'despite'the wall's ,
presence; the'south 'shore will be lined with rip -rap. This:method is preferred oil.as a last
alternative due to its appearance and the difficulty..it creates for keeping the area neat and orderly.
C:IDocumerits and S4tings\134 Stewart\My°Doc uirientsCCorel User ' r
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PERFORMANCE ENGINEERING
8604 CARATOKE MGHWAY
POWELLS POINT, NC 27966
PHONE: {252} 491-8354 RECEIVED
FAX: [phone] l 12
e-mail: [e-mail] JUN 7 2094
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ROBBRTJ 57EWART, JR., PE
Civil Engineer - NC & VA Registration
PERF�
;,,�NCIl11�ER1NG - .
8604 CARATOKEHWY. • POWELLS POINT, NC 27968 • (252J 491-8354/PHONE � (252J 491-5112/FAX
April 20, 2004
Mr. Roger Thorpe,
NCDENR- Div. Of Water Quality
943 Washington Square Mall
Washington, NC 27889
Re: Storm •Water Permit No. SW7000905, Notice of Violation.'
Fox Knoll Commerce Park, Phase Two, Engineer's Project No. 316
RECEIVE
APR 2 2 2004
D1!yQ-WARD
,Dear Mr. Thorpe,
This letter is written in response to the Notice of Violation dated April 15, 2004, addressed to
Mr. John Harris of John Harris and Associates, LLC. As the;designen of the subject wet detention
pond and -the project engineer l will attempt, in'behalf of Mr. Harris, to'address your concerns.
The primary deviation of the constructed pond from the approved plans is enlarged area. The
reasonTor theowner deciding to enlarge the pond was to" obtain fill material for use 'in
constructing the adjacent roadway, Chase Drive. This 'roadway construction was necessary to
provide an access to: the* communications'tower site to the north and to,the land application site
lying to ttie east: Prior,to using Chase Drive, the access to these..sites was a dirt road which
traversed through severa' Hots within.Phase -Tw.of the project. Therefore;-d e,pond was
h
excavated several .years:before work on'the Phase'Two improvements began. -The discharge
structure was.not installed until the summer of 2003..'At that time,.the logical location for the
discharge"structure was the point in the pond most distant from'. the inlet end.
Regarding the'required certification for the,pond construction, I have intended to,subi iit an
application for a permit modification to address the expand6d surface°area. However, subsequent
to the' completion of construction I discovered a discrepancy in the topographic information used
in the design. The two downstream, culverts, located in.closc*proximity to the discharge structure
are higher than'reported. This will necessitate raising the'elevation'of the.discharge structure.
There are several other.problem,areas related to the'pond which will -be corrected as part of the
permit -modification. As of this point,'the corrective measures" 'which will be necessary. for
certification are follows: `
1.'Rai, se discharge structure 1.16'. My calculations indicate that with the expanded surface area,
the pond will have adequate storage capacity. These calculations .will be contained in the permit
.modification application.
2. Re -shape pond slope :in the area immediately in front of the orifice.
3. Re -grade the bank of the pond behind the discharge structure and the-swale connecting the
discharge structure to the, first downstream culvert.
4. Re-grade..and stabilize'the south shoreline of the pond. This is the shoreline closest to -Fox
Knoll Drive and is subject to harsh'wave action from northerly winds blowing across the full
length of the pond.
.5. Raise forebay berm to the design elevation. This berm was originally constructed as designed:

- _-
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-Pg. 2-of 3,'resp9nse to N.O.V., Fox Knoll'Ph. 2 wetpond, 4/20/04 i
Apparently, during the,years it has existed the'top-of the berm has sloughed W,c6hs' iderably. The
permit.modifcationapplication will contain a profile'of.tlie,berm which'.was`surveyed 419/04
and a proposed method to, rectify the problem.'
I hav-ordered a sun vey'ofthe"existing pond which -will identify'the water's edge•and'the edge
of the "aquatic bench so an -be determined if any corrective measures are required' in this area: - r
With respect to the conveyance'of-the po'n.d propertyto-the 4a' cent•lot owner, I'was.not aware
,.
of the owner's intenti'on,to-enter�into such a transaction: I would have 'cautioned him tliat,it was
not allowable without a permit modification. lrrliglit`ofthe recombination of property having,.
been' approved by Currituck County'and the. plat retarded: I,propose that the'periiiit modification
application reflect a change in the •ownership of the land but that the Fox Knoll PropertyOwners.,`
Assodiation•be the designated' inanagemenfefitity..Ofcourse; easements in;perpettiity.will have to
be;recorded in favor'of the Association in order to retain access:'As I uriderstand.it; the drafting
of such documents is currently iri progress 1 will also include theist'in the,permit modification•
package for your perusal. Please note that the original pond design'included the' tower. site well
` as the Fox'.KnollrPhase Two area within the drainage basin area. Therefore,'the recombination of .
the properties does not result in- any contributary area not previously `perrxiitted:
L expect to have the necessary fieldwork completedand the permit modification'appli6tion .
r,•
suhmittedwithin two weeks. Hopefully; this will be quickly enoughto demonstrate the'
willingness of the owner to resolve the issues "which you have identified.,I,have' no control over .:
the preparationof the easenient.documentation'but I will attempt.to-expedite this:workto- the -'
.extent I can. I appfeciate.yaur cooperation and consideration and Fremain available for
discussion at your convemance
Very best regards,.' ;
PERFORMANCE'ENGINEERING.
Robert,J. Stewart, Jr.,' P'.E.
cc: -Mr. John Harris a
'Mr. •Sean Robey,T.E.•.'
'CAI)6cuments and Settings\Bob Stewart\My DocumentslCorel User-
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Hyman & Robey. PC
Consulting Engineers and Land Surveyors [phone] Office
[phone] Office
[phone] Fax
RECEIVED
APR 14 2004 April 7, 2004
Mr. Roger Thorpe DWQ-WARD
Dept. of Environment and Natural Resources
Water Quality Section
943 Washington Square Mall
Washington, NC 27889
Subject: Stormwater Management
Bennett's Creek Nursery
Proj. # 040013
Dear Mr. Thorpe:
Based upon our visit to the proposed Bennett's Creek Nursery site today, I would
like to explain some of the particulars of our client's situation. We were hired by Mr.
Wayne Sawyer, President of Bennett's Creek Wholesale Nursery, Inc. to prepare a site
plan for a distribution center to be located on Lot 18, Phase 2, Fox Knoll Commerce Park
in Currituck County. This commercial subdivision was approved as a high density
subdivision (permit # SW 7000905). Lot 18 was modified through a recombination
process after the subdivision plat was recorded to increase the lot size from 3.24 acres to
6.67 acres. The detention pond for Phase 2 is located on this lot and no easement has
been reserved around the pond. Due to concerns about the current condition, the size, and
maintenance of the pond, the Currituck County Planning Department will not issue our
client a zoning permit until these issues have been resolved. We have had discussions
with Mr. Bob Stewart of Performance Engineering regarding this subject. He was the
engineer for the developer of the project, Mr. John Harris. At this time we are seeking
advice as to how we can resolve these problems as quickly as possible so our client can
make use of his land.
Thank you for your attention to this matter. Please contact us with any
recommendations you have.
cc: file
Sincerely,
Seay C. Robey, P.E.
Kimberly D. Ham y
Engineering Assistant
150-A US Highway 158 East, Camden, NC 27921

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WASHINGMN, REGIONAL OFFICE
WASHINGMN, -N.C. 27889
Phone-. 252-946-6481 FAX: [phone]
TO:
FAX NO. 2 23 9 - ��21
FROM.
DATE:
N0, OF PAGES (INCLUDING COVER):
COMMENTS:

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DIVISION ' O F WATER- QUALM
WASHINGTON -REGIONAL OFFICE
WASHINGTON, -N.C. 27889
Phone:[phone] FAX:252-946z-9215
TO:
FAX NO.
FROM: _ P1
DATE: A 5
NO. OF PAGES (INCLUDING COVER): ,5'
COMMENTS:
943 Washington Square Mail, Washington, NC 27889
55" Jr-52

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�MVI.[QIFiQIT ANb NAiJR/LL. iiL•90URCF.3
DIVISIO.N-bF WATER- QUAL W
WASHINGTON -REGIONAL OFFICE
WASHINGTON, 'N.C. 27889
Phone:[phone] FAX:252-946=9215
TO:
FAX NO.
FROM:
DATE:
NO. OF PAGES (INCLUDING COVER):
COMMENTS:
943 Washingbcxi Square Mall, Washingbon, NC 27889

V&) np-�D
F WTF
� 9 Michael F. Easley
Governor
Vj William G. Ross, Jr., Secretary
] Department of Environment and Natural Resources
❑ C Kerr 7, Stevens
Division of Water Quality
DIVISION OF WATER QUALITY
January 17, 2001
Mr. John W. Harris
John Harris and Associates, LLC
P.O. Box 2187
Kitty Hawk, NC 27949
Subject: Permit No. SW7000905
Fox Knoll Park Phase II
High Density Stormwater Project
Currituck County
Dear Mr. Harris:
The Washington Regional Office received the completed
Stormwater Application for the' subject project on December 27,
2000. 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. SW7000905 dated January 17, 2001 to John Harris and
Associates, LLC for the construction and operation of a wet
detention pond to serve Fox Knoll Commerce Park Phase II.
This permit shall be effective from the date of issuance until
January 17, 2011 and shall be subject to the conditions and
limitations as specified therein. Please pay special attention to
the Operation and Maintenance requirements in this permit. Failure
to establish an adequate system for operation and maintenance of
the stormwater management system will result in future compliance
problems.
If any parts, requirements, or limitations contained in this
permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form
of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447.
Unless such demands are made this permit shall be final and
binding.
943 Washington Square Mail Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)

John Harris
January 17, 2001
Page Two
If you have any questions, or need additional information
concerning this matter, please contact Roger Thorpe at (252) 946-
6481, extension 214.
Sincerely,
},. Jim ulligan
Water Quality Regional Supervisor
Washington Regional Office
CC. Performance Engineering
Cu5xituck County Inspections
_,Washington Regional Office
Central Files

State Stormwater Management Systems
Permit No. SW7000905
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143,
General Statutes of North Carolina as amended, and other applicable
Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
John Harris and Associates, LLC
Currituck County
MISNIEW5
construction, operation and maintenance of stormwater management
systems in compliance with the provisions of 15A NCAC 2H.1000
(hereafter referred to as the "stormwater rules") and the approved
stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of
Water Quality and considered a part of this permit for a wet
detention pond to serve Fox Knoll Commerce Park Phase II located on
US Hwy 158 in Currituck County.
This permit shall be effective from the date of issuance until
January 17, 2011 and shall be subject to the following specified
conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and
volume of stormwater described in the application and other
supporting data.
2. This stormwater system has been approved for the management of
stormwater runoff as described on page 2 of this permit, the
Project Data Sheet.
3. Approved plans and specifications for this project are
incorporated by reference and are enforceable parts of the
permit.

DIVISION OF WATER QUALITY
PROJECT DATA
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
Application Date:
Water Body Receiving
Stormwater Runoff:
Classification of Water Body:
Site Area:
'total Impervious:
Pond Depth:
Required Storage Volume:
(based on 1 inch)
Provided Storage Volume:
Required Surface Area:
Provided Surface Area:
Fox Knoll Commerce Park Ph II
SW7000905
Currituck County
John Harris and Associates, LLC
P.O. Box 2187
Kitty Hawk, NC 27949
12/27/2000
UT to Currituck Sound
C
25.12 ac
10.1 ac
6.0 ft
22,795 cf
52, 351 cf
22,997 sf
31, 081 sf
Controlling Orifice: 2 inch orifice @ elev 4.5

4. No homeowner/lot owner/developer shall be allowed to fill in,
alter, or pipe any vegetative practices (such as swales) shown
on the approved plans as part of the stormwater management
system without submitting a revision to the permit and
receiving approval from the Division.
S. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size
.b. Project name change
C. Transfer of ownership
d. Redesign or addition to the approved amount of built -
upon area
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions
to the project should require a modification to the permit.
6. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the
permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director
for modifying the site to meet minimum requirements. The
permittee shall provide copies of revised plans and
certification in writing to -'the Director that the changes have
been made.
II. SCHEDULE OF COMPLIANCE
1. The permittee will comply with the following schedule for
construction and maintenance of the stormwater management
system.
a. The stormwater management system shall be constructed in
its entirety, vegetated and operational for its intended
use prior to the construction of any built -upon surfaces
except roads.
b. During construction, erosion shall be kept to a minimum
and any eroded areas of the system will be repaired
immediately.
2. The facilities must be properly maintained and operated at all
times. The approved operation and Maintenance Plan must be
followed in its entirety and maintenance must occur at the
scheduled intervals.
3. The permittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater
system functions at optimum efficiency including, but not
limited to:

a. Semiannual scheduled inspections (every 6 months)
b. Sediment removal
C. Mowing and revegetation of side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved
plans and specifications
f. Debris removal and unclogging of outlet structure,
orifice device and catch basins and piping.
4. Records of maintenance activities must be kept and made
available upon request to authorized personnel of DWQ. The
records will indicate the date, activity, name of person
performing the work and what actions were taken.
S. This permit shall become voidable unless the facilities are
constructed in accordance with the conditions of this permit,
the approved plans and specifications, and other supporting
data.
6. Upon.completion of construction and prior to operation of this
permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that
the permitted facility has been installed in accordance with
this permit, the approved plans and specifications, and other
supporting documentation. Mail the Certification to the
Washington Regional Office, 943 Washington Square Mall,
Washington, North Carolina, 27889, attention Division of Water
Quality.
7. A copy of the approved plans and specifications shall be
maintained on file by the Permittee for a minimum of five
years from the date of the completion of construction.
111. GENERAL CONDITIONS
1. This permit is not transferable. In the event there is a
desire for the facilities to change ownership, or there is a
name change of the Permittee, a formal permit request must be
submitted to the Division of Water Quality accompanied by an
application fee, documentation from the parties involved, and
other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and
may or may not be approved.
2. Failure to abide by the conditions and limitations contained
in this permit may subject the Permittee to enforcement action
by the Division of Water Quality, in accordance with North
Carolina General Statute 143-215.6(a) to 143-215.6(c).
3. The issuance of this permit does not preclude the Permittee
from complying with any and all statutes, rules, regulations,
or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.

4. No homeowner/lot owner/developer shall be allowed to fill in,
alter, or pipe any vegetative practices (such as swales) shown
on the approved plans as part of the stormwater management
system without submitting a revision to the permit and
receiving approval from the Division.
5. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size
b. Project name change
C. Transfer of ownership
d. Redesign or addition to the approved amount of built -
upon area
e. Further subdivision of the project area.
In addition, the Director may determine that -other revisions
to the project should require a modification to the permit.
6. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the
Permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director
for modifying the site to meet minimum requirements. The
permittee shall provide copies of revised plans and
certification in writing to'the Director that the changes have
been made.
II. SCHEDULE OF COMPLIANCE
1. The permittee will comply with the following schedule for
construction and maintenance of the stormwater management
system.
a. The stormwater management system shall be constructed in
its entirety, vegetated and operational for its intended
use prior to the construction of any built -upon surfaces
except roads.
b. During construction, erosion shall be kept to a minimum
and any eroded areas of the system will be repaired
immediately.
2. The facilities must be properly maintained and operated at all
times. The approved Operation and Maintenance Plan must be
followed in its entirety and maintenance must occur at the
scheduled intervals.
3. The permittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater
system functions at optimum efficiency including, but not
limited to:

4. In the event that the facilities fail to perform
satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as
the construction of additional or replacement stormwater
management systems.
5. The permit may be modified, revoked and reissued or terminated
for cause. The filing of a request for a permit modification,
revocation and reissuance or termination does not stay any
permit condition.
Permit issued this the 17 th day of January, 2001.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
4
er T. Stevens, Director
�r Division of water Quality
By Authority of the Environmental Management Commission
Permit Number SW7000905

Fox Knoll Commerce Park Phase II
Currituck County
Stormwater Permit No. SW7000905
Designer's Certification
I,
as a duly
registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically/weekly/full time)
the construction of the project,
for
(Project)
(Project Owner)
hereby state that to the best of my abilities, due care and
diligence was used in the observation of the project construction
such that the construction was observed to be built within
substantial compliance and intent of the approved plans and
specifications.
Signature
Registration Number
Date

PERFORMANCE ENGINEERING
8604 CARATOKE HIGHWAY
POWELLS POINT, NC 27966
PHONE: [phone]
FAX: [phone] Q
FR�DEc 2 7 z000
LETTER OF TRANSMITTAL !BY DWa
DATE: December 22, 2000
TO: MR. ROGER THORPE
OR NCDENR - DIVISION OF WATER QUALITY
RE: FOX KNOLL COMMERCE PARK, PHASE 11, STORMWATER MANAGEMENT
PLAN. ENGINEER'S PROJECT NO. 316
WE TRANSMIT THE FOLLOWING:
A. ORIGINAL AND I COPY OF STORMWATER MANAGEMENT PERMIT APPLICATION
B. WET DETENTION BASIN SUPPLEMENT
C. PROJECT NARRATIVE
D. CHECK IN THE AMOUNT OF $420.00 FOR REVIEW FEE
E. 2 COPIES PLAN SHEET l OF 2 (CAD FILE 316PH2BASEMAP, REV.1)
F. CALCULATIONS SHEETS 1 AND 2 OF 2,
G. PORTION OF U.S.G.S. QUAD SHEET "JARVISBURG"
cc: Mr. John W. Harris

ROBERT a. STEWART, JR., P.F-
Civil Engineer- NC &.VA Registration
PEREP,MANCE
E�IGINt7t 1 VG
P.O. BOX 2004 • KILL DEVIL HILLS; .NC 27948 % [phone]/PHONE • (252j 491.-51121FAX
E-rnall. perfengointe�pa�.0 o
FOX KNOLL COMMERCE PARK,'PHASE 2, STPRMWATER MANAGEMENT•PLAN',
NARRATIVE. y ;
December 22; 2000
'Fox Knoll'Commeice Park.is a commercial and residential. subdivision. on a 4T86 acre.tract,
; ;
_ located in Powelis PointNC;:Currituck-County. The is Iocated•approximately.6.miles north of the
'Wright Memorial Bridge, which connects Dare and Currituck counties.' -Phase 2.of the project consists '
Of 8.commercial, lots, •riinging in size from 69,708 SF to 95,549 SF.. Lots A, B;.G and Hare not
included -in the'calculations for Phase 2 stormwater: These lots -were incfuded•in.the design'for•Phase 1',
which was permittedjunder permit No:"SW7990720: A naturally occurririg,break in the topography; .' .
located at approximately roads i is '-'station 19+00 will' cause Phase 2 stormwater. runoff tote directed
generally to the east and collected in the wet detention basin for'Phase 2. Phase 1 runoffrun5 to -the.
previously permitted'wet detention basin shown on Plan Sheet 1 of 2: (Please know that Plan Sheet 2 of `
2.will-consist.-of roadway.and waterline details and'is therefore not -included imthis.application submittal ti .
package):
"The preyailing.soils on the tract are Cori.etoe loamy fine sand and Dragston.loamy sand with '
:' permeabilities of 2"•-.20" and 2:' -.6" per hour respectively'. The current use of the'property is': :
agricultural and the area,compri" ing Phase 2 slopes at approximately 2% froin. west to east.' -The area: is...
currently being graded tabririg the:proposed lots io "acceptable elevations:: There are•no roadway or; ,
waterline improvements plarined•for the near.fuiure'; Tlie developer intends:to.instaiL:the•porid and
balance the site in -pre aration for future development. 'The' Stormwater Management Plan and the_
percent of impervious coverage`used'O,design of the basin are derived from the'known.elements, ;
' :•roadway, and driveways; and.a projected 60% coverage within the lots:It is strongly felt that many
buyers will not develop their'prope•rties. as densely: as 60%0: ; However,.the design coverage and the
restrictive- covenants will set forth.this ceiling for,density.' As the typical roadway section on Plan,Sheet
�.. 1 ,of 2.ill6strates; the•roadways will be'lined on both sides with wide, shallow grassed•swales'.' Runoff
from the individual tots will be directed to these swales from where it.will`ultimately.be'conveyed to the
wet detention basin. The proposed basin for Phase 2 will be -excavated in an area'that•has•currently
been theaocation:of a previouslyexisting'pond. Tli'e design'of the`Phase 2 basin, with respect•to the
anticipated permanent pool elevation; is derived from field measurements of the naturally occurring
water surface within'this pond.
There ia•also a pond.proposedfor excavation in the area adjacent to'the ekisting
'. communications .tower site,: *s pondis being: excavated to provide"material for distribution on. site
and is'not a part of'the Stormwater, Management Plari.,•,There'is'no'credii being taken for any. volume of ,
storage within.this.pond, .The area•which lies'between'Lot D and the tow&site restricted radius has not'.-
' been designated'for any specific future.;development: • However, as indicated on 'CalcuIation Sheet 2 of .
3,.the pond for the wet detention basin`for Phase 2 is sized-k'over twice the required size.. Tlierefore,'if;
ihe.developer.has future liians foi this area; it is -anticipated that the pond; as designed, •will be able.to
easily assimilate runoff generated' from the development, proposed; At the time such development is: '
proposed; the developer.will requestan'amendment to the'Phase 2 Stormwater Management Plan;
.The wet detention basin design includes a: controlled discharge riser and emergency overflow
' spillway which convey. water to an existing unnamed ditch., This tributary empties into -a water course
lmown.locally as Betsy Dowdy's Creek which ultimately, empties .into the Currituck Sound.- •A portion
of the-U.S.G.S. Quad'Sheet-entitled Jarvisburg Quadrangle'is provided which illustrates this routing.

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So
• v�rit

State of North Carolina
Department of Environment
-_and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
z ►
3 a•'=�N
NORTH CAROLINA DEPARTMEN7 OF
ENVIRONMENT AND NATURAL RESOURCES
°i; }� ;,5• pye„ tidy ,r. C:
DIVISIONOF OUALITY
October 9. 2000
Mr John W. Harris
John W. Harris & Associates. LLC
P.O. Box 2187
Kitty Hawk, NC 27936
Subject: Stormwater Review SW7000905
Fox Knoll Park Ph II
Currituck Countv
Dear Mr. Harris:
.- This office received a copy of vour sedimentation and erosion
control plan on September 11, 2000 for a proposed Phase II of Fox
Knoll Commerce Park in Currituck County. This activity requires a
State 'stormwater permit. A preliminary review of vour _project has
been completed. The following additional information is needed
before a permit can be issued:
- Completed stormwater application and appropriate fee.
- site plan showing all proposed development and stormwater
control measures including_ cross sections of roads and
drainage systems.
- narrative explaining how stormwater will be treated
The above information must be submitted within 30 days, or
your oroject will be returned as incomplete. You should also be
aware that the 5tormwater,Rules require that the permit be issued
prior to anv development activity. If you have questions, please
feel free to contact me at [phone], extension 214.
Sincerelv,
foq'_er'_K. Thorpe P.E.
Environmental Enaineer
Washington Regional Office
cc: Currituck County Inspections
Performance Engineering
943 Washington Square Mall, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer

SOSID: 0564128
Date Filed: 9/18/2000 10:10 AM
Elaine F. Marshall
20 2 5 5 9 O 2 b North Carolina Secretary of State
ARTICLES OF INCORPORATION
OF
FOX KNOLL PROPERTY OWNERS' ASSOCIATION, INC.
I, the undersigned, being a natural person of full agb, make these Articles of Incorporation for
the purpose of forming a non-profit corporation pursuant to the provisions of Chapter 55A of the
North Carolina General Statutes.
ARTICLE I
WA
The name of the corporation is Fox Knoll Property Owners' Association, Inc. whose
principal office address 215 Brooke Avenue, Suite D, Norfolk, VA 23501, Norfolk City County.
ARTICLE II
PERPETUAL
The period of duration of the corporation shall be perpetual.
ARTICLE III
9 JR1_;Lail:K
The Association's general purposes are to provide for the maintenance and preservation of
any Open Spaces described in the Declaration of Protective Covenants for Fox Knoll, Commerce
Park, situated in Currituck County, NC ("Fox Knoll") for the mutual advantage and benefit of the
members of this Association, who shall be owners of lots within Fox Knoll, Commerce Park and to
conduct such services, duties and functions strictly on a non-profit basis with a mutual benefit of
owners within Fox Knoll, Commerce Park.
ARTICLE IV
NO PECUNIARY GAIN
This corporation is a non-profit corporation, and no part of the net earnings (if any) of the
corporation shall inure to the pecuniary benefit of its Members (as defined herein below), Officers,
or Directors.

ARTICLE V
MEMBERSHIP
Every person or entity who is a record owner of a lot within Nine Estates shall be a Member
of the Association. The foregoing is not intended to include persons or entities who hold an interest
merely as security for the performance of an obligation. Membership shall be appurtenant to and
may not be separated from ownership of any lot
ARTICLE VI
VOTING RIGHTS
The Association shall have one class of voting membership as described in the By -Laws of
the Association.
ARTICLE VQ
REGISTERED AGENT AND OFFICE
The address of the initial registered office in the State of North Carolina, Southern Shores
Law Building, 6 Juniper Trail, P.O. Box 1042, Kitty Hawk, Dare County, NC 27949-1042 and the
name of the initial registered agent at such address is Daniel D. Khoury.
ARTICLE VIII
BOARD OF DIRECTORS
The affairs of the Association shall be managed by a Board of Directars, who shall be
members of the Association. The number of Directors ofthe Association shall be not less that three
(3) not more than five (5). The names and addresses of the Members who are to act in the initial
capacity of Directors until the selection and qualification of their successors are:
Name
John W. Harris
William T. Robbins
Bob Stewart
E
Address
215 Brook Avenue, Suite D,
Norfolk, VA 23501
P.O. Box 335
Poplar Branch, NC 27965
8604 Caratoke Highway
Harbinger, NC 27941

Directors shall serve for a term of one year, and shall hold office until qualified successors
are duly elected at the next annual meeting of members and have taken office. Directors may be re-
elected for successive terms.
Any vacancy on the Board may be filled for the unexpired term of the vacated office by the
remaining Directors.
ARTICLE IX
The Association reserves the right to amend or repeal any of the provisions contained in these
Articles or any amendments hereto at the assent of seventy-five percent (75946) of the entire voting
membership. No amendment shall conflict with the Declaration.
ARTICLE X
INCORPORATOR
The name and address of the incorporator is: Daniel D. Khoury, Esquire, V andeventer Black,
LLP, Southern Shores LawBuilding, 6 Juniper Trail, P.O. Box 1042, Kitty Hawk, NC 27949-1042 .
ARTICLE XI
TAX STATUS
The Corporation shall have all the powers granted non-profit corporations under the laws of
the State of North Carolina. Notwithstanding any other provision of these Articles, this Corporation
hereby elects tax-exempt status under Section 528 of the Internal Revenue Code of 1986. This
Corporation shall not carry on any activities prohibited by a Corporation electing tax-exempt status
under Section 528, or any corresponding sections or provisions of any fuhire United States Internal
Revenue law. It is further provided that no distributions of income of the Corporation are to be made
to Members, Directors, or Officers of the corporation; provided, however, that members of the
Corporation may receive a rebate of any excess dues and assessments previously paid.

ARTICLE XII
DISSOLUTION
In the event of dissolution of this corporation, all of its then assets shell be distributed as
follows:
The dissolution shall be conducted in compliance with North CarolinaGeneral Statutes §55-
A-14-01. et. seq., as then amended or supplemented and the assets of the corporation shall be
distributed to member of the corporation pro rata m accordance with their respective interest in the
Common Areas of Nine Estates.
IN S WHEREOF, I, the undersigned incorporator, have hereunto set my hand and
seal, this Nj,4Wof August, 2000.
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PERFORMANCE ENGINEERING
P.O. BOX 2004
0 KILL DEVIL HILLS, NC 27948
PHONE: 49I-83 54
FAX: [phone]
LETTER OF TRANSMITTAL
DATE: July 18, 2000
TO: MR. PAT MCCLAIN, P.E.
OF: NCDENR - DIVISION OF LAND RESOURCES
FROM: BOB STEWART
RE: FOX KNOLL COMMERCE PARK, PHASE TWO
SEDIMENTATION AND EROSION CONTROL PLAN
WE TRANSMIT THE FOLLOWING:
Q
hu
AUG 2 3
LAND QUALITY SECTION
WASHINIGTON REGIO�IAt_ OFFICE
3 COPIES SEDIMENTATION AND EROSION CONTROL PLAN (316PH2BASEMAP',
REV. 0)
1 FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
-HECK IN THE AMOUNT OF $370 FOR PLAN REVIEW FEE
COMMENTS: Pat, please advise if you have any questions or concerns regarding this plan for
preliminary site work proposed for Phase Two of Fox Knoll Commerce Park. As the narrative
indicates, the owner is not yet ready to proceed with waterline or roadway construction but wants
to excavate the two ponds shown in order to bring up the elevation of some of the lower lots.
Thank you very much for your cooperation and consideration. Very best regards,
cc: Mr. John W. Harris