SW8031031_HISTORICAL FILE_20170919

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE
WYYMMDD

STATE OF NORTH CAROLINA
Department of Environmental and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
[phone]
FILE ACCESS RECORD
SECTION
TIME/DATE — Ili I 11
NAME M A 1� � r
REPRESENTINGi
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State Stormwater Management Systems
Permit No SW8 031031
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
G H K Developments, Inc
Walgreens @ 17'h Street & S College Road
New Hanover County
FOR THE
construction, operation and maintenance of an infiltration trench 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 Portions of this project include the construction of impervious areas with the runoff to be
treated in an offsite permitted stormwater facility This portion of the runoff will be routed to a
wet detention pond operated and maintained by University Group, Inc , under the terms and
conditions set forth in Permit No SW8 981023 Modification
This permit shall be effective from the date of issuance until January 27, 2014, and shall be
subject to the following specified conditions and limitations
I. DESIGN STANDARDS
1 This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data
2 The total allowable built -upon area for this protect is 58,270 square feet of mpervious
area Runoff associated with this project from Drainage Area 1 has been approved to be
discharged into a stormwater management system permitted under Stormwater
Management Permit No SW8 981023, as described on page 3 of this permit, the Project
Data Sheet The built -upon area allotted to this development by Stormwater Management
Permit No SW8 981023 is 30,360 square feet This project proposes 30,360 square feet
The stormwater system for Drainage Area 2 has been approved for the management of
stormwater runoff as described on pa e 4 of this permit, the Project Data Sheet The
stormwater control has been designed to handle the runoff from 27,910 square feet of
impervious area This system must be operated with a vegetated filter
3 The tract will be limited to the amount of built -upon area indicated on pages 3 and 4 of
this permit, and per approved plans
4 All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans
5 The runoff from all built -upon area within the permitted drainage area of this project must
be directed into the permitted stormwater control system A permit modification must be
submitted and approved prior to the construction of additional built -upon area from
outside of the approved drainage area
2

n
State Stormwater Management Systems
Permit No SW8 031031
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
DRAINAGE AREA 1— SERVED BY OFFSITE SYSTEM
Project Name
Permit Number
Location
Applicant
Mailing Address
Application Date
Name of Receiving Stream/Index #
Classification of Water Body
If Class SA, chloride sampling results
Pond Depth, feet
Permanent Pool Elevation, FMSL
Drainage Area, acres
Total Lnpervious Surfaces, ft2:
Bank of Wilmineton (Existine)
Buildings, ft2
Parking, ft2
Sidewalks, ft2
Future Development, ft2
SW8 031031, ft2:
Offsite Area entering Pond, ft2
Required Surface Area, ft2
Provided Surface Area, ft2
Required Storage Volume, ft3
Provided Storage Volume, ft3
Temporary Storage Elevation, FMSL
Controlling Orifice
17th Street and College Road Project
SW8 981023 Modification
New Hanover County
Mr Terry Turner, President
University Group, Inc
1904 Eastwood Road, Suite 212
Wilmington, NC 28403
December 7, 2001
Cape Fear River / Barnards Creek / 18-80
"C Sw"
n/a
55
40
11 23
415,931
3,540
69,623
3,892
308,516
30,360
None, per engineer
27,158
27,448
35,885
43,854
41 5
3 "(p pipe
91

0
State Stormwater Management Systems
Permit No SW8 031031
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
DRAINAGE AREA 2
Project Name
Permit Number
Location
Applicant
Mailing Address
Application Date
Receiving Stream/River Basin
Stream Index Number
Classification of Water Body
Drainage Area, acres
Onsite, sq ft
Offsite, sq ft
Total Impervious Surfaces, sq ft
Trench Dimensions, LxWxH, feet
Piping (12" perforated piping)
TSS removal efficiency
Trench Bottom Elevation, FMSL
Permitted Storage Volume, ft3
Temporary Storage Elevation, FMSL
Type of Soil
Expected Infiltration Rate
SHWT Elevation, FMSL
Time to draw down
Walgreens @ 171" St and S College Rd
SW8 031031
New Hanover County
Mr Gordon H Kolb
G H K Developments, Inc
170 Broadway Street, Suite 227
New Orleans, LA 70118
January 21, 2004
Barnards Creek / Cape Fear
"C Sw"
166
35,719
none
30,360
400x 10x2
800 linear feet
85% (a 30' vegetated filter is required)
425
2,682
440
Sand
37 5 in/hr
405
< 1 hour
4

State Stormwater Management Systems
Permit No SW8 431431
IL SCHEDULE OF COMPLIANCE
The stormwater management systems shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface
2 During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately
For Drainage Area 1, the University Group, Inc , and for Drainage Area 2, the permittee
shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency The approved Operation and
Maintenance Plan must be followed in its entirety and maintenance must occur at the
scheduled intervals including, but not limited to
a Semiannual scheduled inspections (every 6 months)
b Sediment removal
c Mowing and revegetation of slopes and the vegetated filter
d Immediate repair of eroded areas
e Maintenance of all slopes in accordance with approved plans and specifications
f Debris removal and unclogging of outlet structure, orifice device, flow spreader,
catch basins and piping
g Access to the outlet structure must be available at all times
4 Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ The records will indicate the date, activity, name of
person performing the work and what actions were taken
5 The facilities shall be constructed as shown on the approved plans 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, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for each system installed certifying that the permitted facility has
been installed in accordance with this permit, the approved plans and specifications, and
other supporting documentation Any deviations from the approved plans and
specifications must be noted on the Certification A modification may be required for
those deviations
7 If the stormwater system was used as an Erosion Control device, it must be restored to
design condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility
8 The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below
a Any revision to any item shown on the approved plans, including the stormwater
management measures, built -upon area, details, etc
b Project name change
c Transfer of ownership
d Redesign or addition to the approved amount of built -upon area or to the drainage
area
e Further subdivision, acquisition, or sale of all or part of the project area The
project area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval or a CAMA Major permit was
sought
f Filling in, altering, or piping of any vegetative conveyance shown on the approved
plan
5

State Stormwater Management Systems
Permit No SW$ 031031
9 The permittee shall submit final site layout and grading plans for any permitted future
areas shown on the approved plans, prior to construction If the proposed BUA exceeds
the amount permitted under this permit, a modification to the permit must be submitted
and approved prior to construction
10 A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the completion of construction
11 At least 30 days prior to the sale or lease of any portion of the property, the permittee
shall notify DWQ and provide the name, mailing address and phone number of the
purchaser or leasee An access/maintenance easement to the stormwater facilities shall be
granted in favor of the permittee if access to the stormwater facihties will be restricted by
the sale or lease of any portion of property
12 The permittee must maintain compliance with the proposed built -upon area and ensure
that the runoff from all the built -upon is directed into the permitted system
13 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
14 The permittee must maintain the current permitted drainage area No additional runoff
from outside of the permitted drainage area boundary may enter the permitted stormwater
facilities without first applying for and receiving a permit modification
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director In the
event of a change of ownership, or a name change, the permittee must submit a formal
permit transfer request to the Division of Water Quality, accompanied by a completed
name/ownership change form, 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 The permittee is responsible
for compliance with all permit conditions until such time as the Division approves the
transfer request
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 6A to 143-215 6C
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 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 permittee grants DENR Staff permission to enter the property during normal business
hours for the purpose of inspecting all components of the permitted stormwater
management facility
6 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
6

State Stormwater Management Systems
Permit No SW8 031031
7 Unless specified elsewhere, permanent seeding requirements for the stormwater control
must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit
9 The permittee shall notify the Division any name, ownership or mailing address changes
within 30 days
Permit issued this the 27th day of January 2004
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W Klimek, P E , Director
Division of Water Quality
By Authority of the Environmental Management Commission
7

State Stormwater Management Systems
Permit No SW8 03103I
Walgreens @ 17`h Street and S College Road
Stormwater Permit No SW8 031031
New Hanover County
Designer's Certification
I, , as a duly registered
in the State of North Carolina, having been authorized to observe (periodically/weekly/full time)
the construction of the project,
(Prof ect)
for (Project Owner) hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the project construction such
that the construction was observed to be built within substantial compliance and intent of the
approved plans and specifications
The checklist of items on page 2 of this form is included in the Certification
Noted deviations from approved plans and specification
Signature
Registration Number
Date
SEAL
0

State Stormwater Management Systems
Permit No SW8 031031
Certification Requirements
1 The drainage area to the system contains approximately the permitted acreage
2 The drainage area to the system contains no more than the permitted amount of
built -upon area
3 All the built -upon area associated with the project is graded such that the runoff
drains to the system
4 The outlet/bypass structure elevations are per the approved plan
5 The outlet structure is located per the approved plans
6 Trash rack is provided on the outlet/bypass structure
7 All slopes are grassed with permanent vegetation
8 Vegetated slopes are no steeper than 3 1
9 The inlets are located per the approved plans and do not cause short-circuiting of
the system
10 The permitted amounts of surface area and/or volume have been provided
11 Required drawdown devices are correctly sized per the approved plans
12 All required design depths are provided
13 All required parts of the system are provided, such as a vegetated shelf, and a
forebay
14 The overall dimensions of the system, as shown on the approved plans, are
provided
cc NCDENR-DWQ Regional Office
New Hanover County Building Inspections
Z

P 1
* * * COMMUNICATION RESULT REPORT ( FEB. 4 2004 2
PTI mnne OPTION
1 - - . ---
971 MEMORY TX
REASON FOR ERROR
E-3) NONANSWERR LINE FAIL
ADDRESS (GROUP)
9-3439604
h �
.- TTI N ENR WIRO
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OK — P 3/3
E-2) BUSY
E-4) NO FACSIMILE CONNECTION _
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F Easley, Governor . WilIiam G Ross Jr, Sccretary
FAX COVER SHEET
Mte: 2. a q No. Of Pages:
To: From:
CO: CO:
FAX #: &6 �,3f, 3 �Ga� FAX#: [phone]
RMARKS
127 Cardfnal Dnvo Kmnslon, Wilmington, IVIC 284 053945 Telephone [phone] Fog (910) 3904004
An Equal Opportunity Allirmntive Argon Employer

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F Easley, Governor o William G Ross Jr, Secretary
FAX COVER SHEET
Date: 2 Y a
To:
CO:
FAX #: q 6 -3 3- G o
REMARKS
No. Of Pages: Z
From: !.It✓✓ 7,✓h-b adf�
CO: AIC-, Z),f�le—
FAX#: [phone]
127 Cardinal Dnve Extension, Wilmington, N C 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

02/04/2004 WED 13:06 FAX [phone] Andrew & Kuske Engineers
9002/003
A&K #03035
Permit No �S W 2 iq
State of North Carolina (to bc provided by DWQ)
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
UNDERGROUND INFILTRATION TRENCH SUPPLEMENT
This form may be photocopied for use as an original
DM $ zrirmwater Momcment Plan Review;
A complete stormwater management plan submittal includes a stormwater management permit application, an
underground trench supplement for each system, design calculations, and plans and specifications showing all
stormwater conveyances and system details.
L PROJECT EgMRMATION
Project Name- Walgmens @ 17"' Street & S College Road
Contact Person John S Tunstall P.E Phone Number: (910) 343-W53
For projects with multiple infiltration systems, a supplement form must be completed for each,system, This
worlssheet applies to- Trench 1 m Drainage Area 1
(from ;Gw) 4*m Form SWU-101)
II- DESIGN DWORMATION (attach supporting calculations/documentation)
Soils Report Summary (based upon an actual field investigation and soil borings)
Soil Type
Infiltration Rate
SRWT Elevation
Trench Design Parameters
Design Volume
Design Storm
Dmwdown Time
Perforated Pipe Size
Perforated Pipe Length
No Observation Wells
Stone Type (if used)
Stone Void Ratio
Sand
Design 21 5 ®in/hr or []cf)br/sf (checkgppropriate ucus) Act. 37.5" / HR
405 fmsl (Seasonal iffigh Water Table elevation)
2 505 c f
1
inch event (1 S imh event for SA waters, 1 inch event
for others)
0.0156 days
12" inch diameter
400 tt.
0
#4 Washed Stone
40%
Trench Elevations (in feet mean seal level)
Bottom Elevation 425 fmsl
Storage/Overflow Elevation 44 0 fmsl
Form S1VU-107 Wision 3 99
(may be reqummd on a care by -case basis)

02/04/2004
DYED 13:05 FAX [phone] Andrew & Ruske Engineers
Z001v003
U.�Uno
y 9 North Cardil
i1�7 �9l O�► _ t�J1D A,�1 n- _
Mr Gordon H. Kolb, President
G H K. Developments, Inc
170 Broadway Street, Suite 227
New Orleans, LA 70118
4 0
Dear Mr Kolb.
Mldtael F Easley, Governor
William G Ross Jr. Secretary
DepaMtent of EnvIronment and Natural Resources
Alan W Klunek. P E Aredor
DnAslon of Water Quality
Coleen H Sullins, Deputy Director
D;vlsion of Water Quarty
January 27, 2004 eD j.eftl4A 1 34-1-9 4P53
n� ��r�- RECEIVES ��...
��,eas e SC 9 2004
AND KU
Subject: Permit No. SW8S31031
W ns 17 Street & ollege Road
ensity tormwater ect
New Hanover County
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Walgrsens @ 17' Street & S College Road on January, 21, 2004 Staff review
of the plans and specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 1SA NCAC 2H 1000. We are forwarding Permit No
SW8 031031 dated January 27, 2004, for the construction. of Walgreens o@ 17n' Street & S
College Road
This permit shall be effective from the date of issuance until January 27, 2014, and shall be
subject to the conditions and limitations as specified therein. Please pa 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, requzements, or limitations contamid in thie permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty► (30) days following
receipt of this pernrit. This request must be in the form of a written petition, conformin; to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Admi mstrative
Heanngs, P O Drawer 27447, Raleigh, NC 27611-7447 Unless such demands are made this
pemut shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact
Laurie Munn, or me at [phone]
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSSl.lsm SAWQSIST0RMWATIPERIvM0310311an04
Cc. *ITMIS P.E
Tony Roberts County Building Inspechons
Beth E. Wetherill, New Hanover County Engineering
Laurie Munn
Wt mZngton Regional Office
Central Files
N C Dkftort of water Quality
Wlh"lon Reylonal olsico
127 Cardinal Drive 1Fxtenslon
Wilminalon NC 25405
[phone]
[phone] Fax
��ra-.,00Lf
3
Customer 5erAoe
1 800 623-7748

02/04/2004 WED 13:06 FAX [phone] Andrew & Auske Engineers
�003/003
A&K #03035-Mod
'toe:�.h►.vr"eT`��"u.:+t":.r�.�..w�"�'c21�i�"�����'"_'f1T,FT�ii�YQ#.�n�iia �'�t`-'f�o:"`�+Tu-`�=�rT,..r.�. r ���z W
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State of North Carolina
Department of Environment and Natural Resources
Division of Water Quahty
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original -
I GENERAL. INFORMATION
1. Applicants nacre (specify the name of the corporation, individual, etc who owns the project).
G.H K Developments, Inc.
2 Print Owner/Signing Official's name and title (person legally responsible for facility and compliance).
Gordon H. Kolb, President
3 Mailing Address for person listed in item 2 above:
Surte
City: New Ode. -
Telephone Number.
State. LA Zip 701
4 Project Name (subdivision, facility, or establishment name — should be consistent with project name on
plans, specifications, letters, operation and maintenance agrectnents, etc ):
Walgreens Q I Street & S. College Road
It
5 Location of Project (street address):
City.
6 Directions to project (from nearest major intersection):
k
New
500 feet south of the intersection of 17Q4 St
7 Latitude- 340 11' 00" Longitude 770 53' 30" of project
8 Contact person who can answer questions about the project:
Name: John S Tunstall, P E _ - Telephone Number. 910 343-9653
II PERMIT INFORMATION
1 Specify whether project :s (check one) X New Renewal X Modification
Form SWU-101 Version 3 99 Page 1 of 4 �-

Andrew & Kuske
CONSULTING ENGINEERS, INC
902 Market Street Wilmington NC 2840"733
910/343-96 910/343-9604 Fax
www andrewandkuske com
January 20, 2004
Ms Laurie Munn
NC DENR
Division of Water Quality
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re Stormwater Project No SW8 031031
Walgreens @ 17th Street and S College Road
Wilmington, NC
A & K Project No 03035
Dear Ms Munn
John R Andrew P E
John S Tunstall P E
John A Kuske III P E
James T Pyrfle PE
We are responding to your comment letter of December 4, 2003 as follows
J Phillip Norris P E
Neal W Andrew PE
J A Kuske P E of Counsel
C Lawrence Sneeden Jr P E
1 A copy of the recorded deed restrictions and engineer's certification for State
Stormwater Permit SW8 981023 is enclosed
2 A copy of the soils report by S&ME for the proposed infiltration trench site is enclosed
3 Vincent Lewis visited the site on August 8, 2003
4 A note has been added on the plans stating the roof drainage must be directed so as to
be picked up by the pond permitted under SW8 981023
5 Bearings and dimensions for the entire Walgreens project boundary is shown on the
plans
Enclosed are two (2) sets of revised plans for your continued review and approval Please
contact us if you have any further questions or comments Thank you for your assistance on
this project
Sincerely,
ANDREW & KUSKE
CONSULTING ENGINEERS, INC
Jo n S �Tunstall, P E
JST/asn
03035 01-20-04-s-sw comment-Itr

P 1
1 * COMMUNICATION RESULT REPORT ( JAN 20 2004 3 04PM ) * * *
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT - PAGE
531 MEMORY -TX ---- _
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
of14011h cm0grA
Depa t111ent of Rnv1m=eot md Nast st RbSpURm
Wihninom RCgiond Off=
Michael F. Raley, Qovemar Wmim G. Ran Jr., Scm*axy
FAX COVER SIMET
Date, 1 � O No. Of Peep
To: _ &b.
CO: CO:
PAX`it.- h O FAX#:
xEhTnRtcs
127 Calftol 4WD 241011001 vvm16%A' N.C. n4dws" "how NiA) SO&= I" (PIG) 3811- 4
M 4gpd QppDMnit ► Aftmadn Aman r

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F, Easley, Governor William G Ross Jr., Secretary
FAX COVER SHEET
Date: i 42 0 No. Of Pages:
To: Ski I From: tku-Lg f
CO: CO: _�� _
FAX #: - O �-( .. FAX#: [phone]
xEMaetcs
127 Cardinal Drive Extenflos, Widningfen, N.C. MOW848 Telephone ('910) 395.3900 Fax [phone]
An Equal C"artnalty Affirmative Attlop Empbyar

W A rFR
Michael F Easley, Governor
pF
Q
Gy
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek P E Director
Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
December 4, 2003
Mr Gordon H Kolb, President
G H K Developments, Inc
170 Broadway Street, Suite 227
New Orleans, LA 70118
Subject REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No SW8 031031
Walgreens @ 171h Street and S College Road
New Hanover County
Dear Mr Kolb
The Wilmington Regional Office received a Stormwater Management Permit Application for
Walgreens @ 17`h Street and S College Road on October 17, 2003 A preliminary review of that
information has determined that the application is not complete The following information is needed to
continue the stormwater review
At this time, the recorded deed restrictions and engineer's certification have not been
submitted for State Stormwater Permit SW8 981023 This information must be received
prior to the issuance of the off -site permit
Please provide a soils report for the proposed infiltration trench site
Has Vincent Lewis visited this site for a soils mvestigation9 Please contact me if I need
to set up a site visit
Please provide a note on the plans that the roof drainage must be directed so as to be
picked up by the pond permitted under SW8 981023
5 Please provide bearings and dimensions for the entire Walgreens project boundary
Some of the property lines do not include this information
Please note that this request for additional information is in response to a preliminary review
The requested information should be received by this Office prior to January 4, 2003, or the application
will be returned as incomplete The return of a project will necessitate resubmittal of all required items,
including the application fee
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter The request must
indicate the date by which you expect to submit the required information The Division is allowed 90
days from the receipt of a completed application to issue the permit.
N C Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service'^'
Wilmington Regional Office Wilmington NC 28405 [phone] Fax [phone] RMEM

Mr Gordon H Kolb
Page 2
December 4, 2003
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215 1 and is subject to
enforcement action pursuant to NCGS 143-215 6A
Please reference the State assigned project number on all correspondence Any original
documents that need to be revised have been sent to the engineer or agent All original documents must be
returned or new originals must be provided Copies are not acceptable If you have any questions
concerning this matter please feel free to call me at [phone]
Sincerely,
Laurie Munn
Environmental Engineer
RSS/ Ism S1WQSISTORMWATIADDINF0120031031031 dec03 doc
cc Laurie Munn
John S Tunstall

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
FOR REGISTRATION REGISTER OF DEEDS
REBECLA T CHRISTIAN
NEW HANOVER COUNTY NC
2002 NOY 20 04 27 05 PM
BK 3530 PG 974-995 FEE $74 00
INSTRUMENT 12002059337
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR FULTON STATION
This Declaration, Made the 191-141ay of November, 2002, by UNIVERSITY
GROUP, INC., hereinafter referred to as "Declarant" or "Developer" for the purposes
hereinafter stated;
WITNESSETH:
Whereas, Declarant is the owner of certain real property in New Hanover
County, North Carolina, known as Fulton Station, which is shown as Lot 1, Future
Development and Common Elements on a plat recorded in the Office of the Register
of Deeds of New Hanover County, North Carolina, in Map Book 43 Page 63, to which
reference Is made for a more particular description.
NOW, THEREFORE, Declarant declares that Fulton Station as described
above, shall be held, sold and conveyed subject to the following easements,
restrictions, covenants, and conditions.
ARTICLE I.
DEFINITIONS
SECTION 2. Allocated Interest shall mean the Common Expense Liability and
votes in the Association allocated to each Lot.
SECTION 3. Association shall mean and refer to Fulton Station Owners'
Association, Inc., a North Carolina non-profit corporation, its successors and
assigns.
t

SECTION 4. Common Elements shall mean and refer to all lands and
easements within or appurtenant to the Planned Community owned by the
Association, other than a Lot, and intended for the common use and enjoyment of
the Owners, including, without limitation, any private roads and storm water
retention ponds within the Planned Community. Common Elements shall also
include (!)any landscaping, sidewalks, lighting, signage, and irrigation located within
the boundaries of any public roads located within the Planned Community, (ii) the 60'
Access Easement of the west side of the Property, (i!!) the 30' easement described in
Agreement recorded in Book 3427, Page 212 of the New Hanover County Registry
and (iv) the areas shown and labeled as "Common Elements" on the above
referenced map.
SECTION 6. Common Expenses means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves. Common
Expenses shall Include, without limitation, the share of road maintenance expenses
and costs for which the Declarant or the Association is responsible under those
certain agreements recorded in Book 1728, Page 397 and Book 3427, Page 212 of the
New Hanover County Registry.
SECTION 6. Common Expense Liabill means the liability for Common
Expenses allocated to each Lot as permitted by the Act, this Declaration or
otherwise by law.
SECTION 7. Declarant shall be used interchangeably with Developer (which
designations shall include singular, plural, masculine and neuter as required by the
context) and shall mean and refer to UNIVERSITY GROUP, INC., his heirs,
successors and assigns, if such heirs, successors or assigns should acquire
undeveloped property from the Declarant or a Lot not previously disposed of for the
purpose of development and reserves or succeeds to any Special Declarant Right..
SECTION 8. Declaration shall mean this instrument as It may be from time to
time amended or supplemented.
SECTION 9. Executive Board shall be used interchangeably with the Board of
Directors and means the body, regardless of name, designated in this Declaration to
act on behalf of the Association
SECTION 10. Limited Common Elements shall mean areas and facilities
within any Lot which are for the exclusive use of the Lot Owner but which the
Association is obligated to maintain pursuant to the terms of this Declaration. The
Limited Common Elements shall consist of NONE (if none, so state).
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DECLARATION-FULTON2-vms

SECTION 11. Lots shall mean and refer to any portion of the Planned
Community designated for separate ownership by a Lot Owner.
SECTION 12. Lot Owner shall mean the Declarant or other Person who owns a
fee simple title to any Lot, including contract sellers, but excluding those having
such interest merely as security for the performance of an obligation.
SECTION 13. Person means a natural person, corporation, business trust,
estate, trust, partnership, association, joint venture, government, governmental
subdivision, or agency or other legal or commercial entity.
SECTION 14. Planned Community or Development shall mean and refer to the
Property plus any Additional Property made a part of Planned Community.
SECTION 15. Purchaser means any Person, other than a Declarant or a
Person in the business of selling real estate for the purchaser's own account, who
by means of a voluntary transfer acquires a legal or equitable interest in a Lot, other
than (1) a leasehold interest (including renewal options) of less than 20 years, or (11)
as security for an obligation.
SECTION 16. Reasonable Attorneys' Fees means attomeys' fees reasonably
Incurred without regard to any limitations on attorneys, fees which otherwise may be
allowed bylaw.
ARTICLE II.
PROPERTY RIGHTS AND EASEMENTS
SECTION 1. Owners' Proaertv Rights and Easement of Enl_oyment. Every
Owner shall have and is hereby granted a right and easement of enjoyment In and to
the Common Elements which shall be appurtenant to and shall pass with the title to
every Lot, subject to the following provisions:
(a) The Association may make and amend reasonable rules and
regulations governing use of the Common Elements by the Owners so long as
access to and use of the Common Elements is not impaired or restricted;
(b) The Association may mortgage or convey the Common Elements, or
dedicate or transfer all or part of the Common Elements, to any public agency,
authority or utility for such purposes and subject to such conditions as may be
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DECLARATION-FULTON2-VMS

agreed to by the Members; provided, however, that the Association may without the
consent of the Owners grant easements over the Common Elements for drainage
systems and public utilities servicing the Planned Community. Any conveyance or
encumbrance of Common Elements shall be subject to any rights of ingress and
egress to any Lot over private streets.
(c) The Board of Directors on behalf of the Association, as a Common
Expense, shall at all times keep the Common Elements and other assets of the
Association, if any, insured against loss or damage by fire or other hazards and such
other risks, including public liability insurance of not less than $1,000,000, upon
such terms and for such amounts as may be reasonably necessary from time to time
to protect such property, which insurance shall be payable in case of loss to the
Association for all Members. The Association shall have the sole authority to deal
with the Insurer In the settlement of claims. In no event shall the insurance coverage
obtained by the Association be brought into contribution with insurance purchased
by Members or their mortgagees. The obligation of the Association to maintain such
Insurance is subject to the availability of such insurance coverage in the required
amounts.
SECTION 2. Easements in Favor of Declarant and the Association. The
following easements are reserved to Declarant and the Association, their successors
and assigns:
(a) easements as necessary In the lands constituting the Common
Elements and the rear, front and side ten feet of each Lot, except Lot 1, for the
Installation and maintenance of utilities and drainage facilities; Including the right of
Declarant and the Association to go upon the ground with men and equipment to
erect, maintain, inspect, repair and use electric and telephone lines, wires, cables,
conduits, sewers, water mains and other suitable equipment forthe conveyance and
use of electricity, telephone equipment, gas, sewer, water or other public
conveniences or utilities on, in or over each Lot and such other areas as are shown
on the plat of the Property or any Additional Property recorded or to be recorded In
the office of the Register of Deeds of New Hanover County.
(b) easements over all Common Elements within the Planned
Community as necessary to provide access, ingress and egress, to any Additional
Property.
SECTION 3. Other Easements. The following easements are granted by
Declarant to others:
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DECLARATION-FULTON2wms

(a) an easement is hereby granted to all police, fire protection,
ambulance and all similar persons, companies or agencies performing emergency
services, to enter upon all Lots and Common Elements In the performance of their
duties.
(b) in case of any emergency originating in or threatening any Lot or
Common Elements, regardless of whether any Lot Owner is present at the time of
such emergency, the Association or any other person authorized by It, shall have the
right to enter any Lot for the purpose of remedying or abating the causes of such
emergency and making any other necessary repairs not performed by the Lot
Owners, and such right of entry shall be immediate.
(c) the Association Is granted an easement over each Lot for the
purposes of providing Lot maintenance when an Ownerfails to provide maintenance
and upkeep in accordance with this Declaration. As to Lot 1, this easement is
limited to maintenance of landscaping and areas that are unimproved.
SECTION 4. Nature of Easements. All easements and rights described herein
are perpetual easements appurtenant, running with the land, and shall inure to the
benefit of and be binding on the Declarant and the Association, their successors and
assigns, and any Owner, purchaser, mortgagee and other person having an interest
In the Property or any Additional Property, or any part or portion thereof, regardless
of whether or not reference is made In the respective deeds of conveyance, or in any
mortgage or trust deed or other evidence of obligation, to the easements and rights
described in this Declaration.
ARTICLE III.
OWNERS' ASSOCIATION
SECTION 1. Formation of Association. The Association is a nonprofit
corporation organized pursuant to the Nonprofit Corporation Act of the State of
North Carolina for the purpose of establishing an association forthe Owners of Lots
to operate and maintain the Common Elements and any Limited Common Elements
In accordance with this Declaration, Its Charter and Bylaws.
SECTION 2. Membership. Every Lot Owner shall be a Member of the
Association. Membership shall be appurtenant to and may not be separated from
Lot ownership.
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DECLARATION-FULTON2wms

SECTION 3. Voting Rights. The Association shall have two classes of voting
Membership.
Class A. Class A Members shall be all Owners, with the
exception of the Declarant, and shall be entitled to one vote for each square foot of
land within the Owner's Lot. When more than one person holds an interest in any
Lot, all such persons shall be Members. The votes for such Lot shall be exercised
as they determine, but In no event shall the Owners of the Lot collectively be entitled
to cast more than aggregate number of votes with respect to any Lot. Fractional
voting with respect to any Lot is prohibited.
Class B. The Declarant shall be a Class B Member and shall be
entitled to two (2) votes for each vote held by the Class A Members.
The Class B Membership shall cease on the happening of any of the
following events, whichever occurs earlier:
(a) when the Developer no longer owns any land within the
Development, or
(b) upon the voluntary surrender of all Class B Membership by
the holder thereof.
The period during which there Is Class B Membership Is sometimes referred
to herein as the "Declarant Control Period".
SECTION 4. Government Permits. After completion of construction of any
facilities required to be constructed by Declarant pursuant to permits, agreements
and easements for the Planned Community, all duties, obligations, rights and
privileges of the Declarant under any water, sewer, stormwater and utility
agreements, easements and permits for the Planned Community with municipal or
governmental agencies or public or private utility companies, shall be the duties,
rights, obligations, privileges and the responsibility of the Association,
notwithstanding that such agreements, easements or permits have not been
assigned or the responsibilities thereunder specifically assumed by the Association.
There are additional provisions made In this Declaration concerning stormwater
facilities and the Stormwater Permit.
SECTION 5. Common Elements. The Association shall at its sole cost and
expense be responsible for the operation and maintenance of each Common
Element within the Planned Community from the date of completion of Its
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DECLARATION-FULTON2-vms

construction or improvement by the Developer, whether or not (1) such Common
Element has actually been deeded to the Association, or (ii) any permit issued by a
governmental agency to Declarant for the construction and operation of the
Common Element has been transferred from the Declarant to the Association or
assumed by the Association. If the Declarant is required by any government agency
to provide any operation or maintenance activities to a Common Element for which
the Association is liable to perform such operation and maintenance pursuant to this
section, then the Association agrees to reimburse the Declarant the cost of such
operation and maintenance within 30 days after Declarant renders a bill to the
Association therefor. The Association agrees to levy a Special Assessment to cover
the amount of such bill if it does not have other sufficient funds available. Declarant
shall be entitled to specific performance to require the Association to levy and
collect such Special Assessment.
ARTICLE IV.
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of Assessments.
Each Lot Owner covenants and agrees to pay to the Association the following
assessments (collectively the "Assessments"):
A. Annual Assessments;
B. Special Assessments;
The Assessments, together with interest, costs and reasonable attorney's
fees, shall be a charge on the land and shall be a continuing lien upon the respective
Lot against which the Assessments are made. Each such Assessment, together
with interest, costs and reasonable attorney's fees, shall also be the personal
obligation of the person who was the Owner of such Lot at the time when the
Assessment fell due. The personal obligation for delinquent Assessments shall not
pass to the Owner's successors in title unless expressly assumed by them.
SECTION 2. Purpose of Annual Assessments. The Annual Assessments
levied by the Association shall be used exclusively (i)to promote the recreation,
health, safety and welfare of the Owners and occupants of the Property and for the
maintenance, repair and replacement of the Common Elements and any Limited
Common Elements and (II)to pay 50% of the costs of operation and maintenance of
the 60' Access Easement on the west side of the Property. The funds arising from
said assessments or charges, may be used for any or all of the following purposes:
7
DECLARATION,FULTON2-vms

Operations, maintenance and improvement of the Common Elements, any Limited
Common Elements, and said 60' Access Easement including payment of utilities;
enforcing this Declaration; paying taxes, insurance premiums, legal and accounting
fees and governmental charges; establishing working capital; paying dues and
assessments to any organization or master association of which the Association is a
member; and in addition, doing any other things necessary or desirable in the
opinion of the Association to keep the Common Elements, any Limited Common
Elements and said 60' Access Easement In good operating order and repair.
SECTION 3. Annual Assessments. At least 60 days before the beginning of
each calendar year, the Executive Board shall establish a proposed operations and
maintenance budget for the calendar year. If the amount of the budget does not
exceed the prior years budget by over 10 percent, then the budget shall become final
without approval of the members. If the budget exceeds the prior year's budget by
10 percent, then within 30 days after adoption of the proposed budget for the
Planned Community, the Executive Board shall provide to all of the Lot Owners a
summary of the budget and notice of a meeting to consider its ratification, Including
a statement that the budget maybe ratified without a quorum. The budget is ratified
unless at the meeting a majority of all of the Lot Owners in the Association rejects
the budget. In the event the proposed budget Is rejected, the periodic budget last
ratified by the Lot Owners shall be continued until such time as the Lot Owners ratify
a subsequent budget proposed by the Executive Board. The budget thus
established shall be the Annual Budget
The Annual Assessment for each Lot shall be that percentage of the Annual
Budget arrived at by dividing the square footage within the Lot by the total square
footage of all Lots within the Development, including Lots comprised from
Additional Property. Notwithstanding the foregoing, the first Annual Assessment
shall be set by the Declarant prior to the conveyance of the first Lot to an Owner.
The due date for payment shall be established by the Executive Board. The
Executive Board shall have the authority to require the assessments to be paid in
periodic installments. The Association shall, upon demand, and for a reasonable
charge furnish a certificate signed by an officer of the Association setting forth
whether the assessments on a specified Lot have been paid.
SECTION 4. Special Assessments. In addition to the Annual Assessments
authorized above, the Association may levy, in any assessment year, a Special
Assessment applicable to the year only for the following purposes:
A. To defray, in whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the Common Elements and any
8
DECLARATION-FULTONZ-vms

Limited Common Elements, including fixtures and personal property related thereto,
provided that any such Special Assessment shall have the assent of a majority of the
Members of each class who are voting in person or by proxy at a meeting duly called
for this purpose. Written notice of any meeting of Owners called for the purpose of
approving such Special Assessment shall be sent to all Members not less than ten
0 0) days nor more than sixty (60) days in advance of the meeting.
B. Without a vote of the Members, to provide funds to reimburse the Declarant
as provided for in Article III, Section 5, hereof.
SECTION 5. Rate of Assessment. The Association may differentiate (but not
more than 35%) in the amount of Assessments charged when a reasonable basis for
distinction exists, such as between vacant Lots and Lots with completed structures
for which certificates of occupancy have been Issued by the appropriate
governmental authority, or when any other substantial difference as a ground of
distinction exists between Lots. However, Assessments must be fixed at a uniform
rate for all Lots similarly situated.
SECTION 6. Commencement of Assessments. Assessments for each Lot
shall commence upon the date of acceptance by an Owner of a deed from Declarant.
SECTION i. Effect Of Nonpayment of Assessments And Remedies Of The
Associatlon. Any Assessment or installment thereof not paid within thirty (30) days
after the due date shall bear interest from the due date at the highest rate allowable
by law. The Association may bring an action at law against the Owner personally
obligated to pay the same, or foreclose the lien against the Owner's Lot. No Owner
may waive or otherwise escape liability for the Assessments provided for herein by
non-use of the Common Elements or abandonment of his Lot. All unpaid Installment
payments of Assessments shall become Immediately due and payable if an Owner
falls to pay any installment within the time permitted. The Association may also
establish and collect late fees for delinquent Installments. Nonpayment shall not
result in a forfeiture of the rights granted hereunder and shall not in any event affect
the continued right to use and enjoy the easements granted herein.
SECTION 8. Lien for Assessments. The Association may file a lien against a
Lot when any Assessment levied against said Lot remains unpaid for a period of 30
days or longer.
(a) The lien shall constitute a lien against the Lot when and after the
claim of lien is filed of record in the office of the Clerk of Superior Court of the
county in which the Lot is located. The Association may foreclose the claim of lien
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DECLARATION-FULTON2 vms

in like manner as a mortgage on real estate under power of sale under Article 2A of
Chapter 45 of the General Statutes. Fees, charges, late charges, fines, interest, and
other charges imposed pursuant to this Declaration are enforceable as
Assessments.
(b) The lien under this section shall be prior to all liens and
encumbrances on a Lot except (i) liens and encumbrances (specifically including,
but not limited to, a mortgage or deed of trust on the Lot) recorded before the
docketing of the claim of lien in the office of the Clerk of Superior Court, and (!I) liens
for real estate taxes and other governmental assessments and charges against the
Lot.
(c) The lien for unpaid assessments is extinguished unless proceedings
to enforce the tax lien are instituted within three years after the docketing of the
claim of lien in the office of the Clerk of Superior Court.
(d) Any judgment, decree, or order in any action brought under this
section shall Include costs and reasonable attorneys' fees for the prevailing party.
(e) Where the holder of a first mortgage or deed of trust of record, or
other purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first
mortgage or first deed of trust, such purchaser and its heirs, successors and
assigns shall not be liable for the Assessments against the Lot which became due
prior to the acquisition of title to the Lot by such purchaser The unpaid
Assessments shall be deemed to be Common Expenses collectible from all of the
Lot Owners including such purchaser, its heirs, successors and assigns.
(f) A claim of lien shall set forth the name and address of the
Association, the name of the record Owner of the Lot at the time the claim of lien Is
filed, a description of the Lot, and the amount of the lien claimed.
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers and
privileges which shall be In addition to the Special Declarant Rights and any other
rights, powers and privileges reserved to the Declarant herein:
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DECLARATION-FULTON2-rms

SECTION 1. The Architectural Control Committee. All duties and
responsibilities conferred upon the Architectural Control Committee by this
Declaration or the Bylaws of the Association shall be exercised and performed by
the Declarant or its designee, so long as Declarant shall own any portion of the
Property.
SECTION 2. Plan of Planned Community. The right to change, alter or re-
designate the allocated planned, platted, or recorded use or designation of any of
the lands constituting the Planned Community, other than Lot 1, including, but not
limited to, the right to change, alter or redesignate road, utility and drainage facilities
and easements and to change, alter or redesignate such other present and proposed
amenities, facilities or Common Elements as may in the sole judgment and
discretion of Declarant be necessary or desirable so long as the use and enjoyment
of the Common Elements Is not impaired or restricted. The Declarant hereby
expressly reserves unto itself, Its successors and assigns, the right to re -plat any
one (1) or more Lots then owned by Declarant shown on the plat of any subdivision
of the Property in order to create one or more modified Lots; to further subdivide
tracts shown on any such subdivision plat into two or more Lots; to recombine one
or more tracts or Lots or a tract and Lots to create a larger tract; to eliminate from
this Declaration Lots that are not otherwise buildable or are needed for access or are
needed for use as public or private roads or access areas, whether serving the
Planned Community or other property or are needed for Common Elements or
amenities, and to take such steps as are reasonably necessary to make such re -
platted Lots or tracts suitable and fit as a building site or access area or roadway or
Common Elements.
The Declarant may at anytime dedicate to the public any private streets or
utility facilities within the Development
SECTION 3. Amendment of Declaration by the Declarant. This Declaration
may be amended without member approval by the Declarant, or the Board of the
Association, as the case may be, as follows:
A. In any respect, prior to the sale of the first Lot.
B. To correct any obvious error or inconsistency In drafting, typing or
reproduction.
C. To qualify the Association or the Property and Additional Property,
or any portion thereof, for tax-exempt status.
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DECLARATION-FULTON2- ms

D. To include any platting change as permitted herein.
E. To conform this Declaration to the requirements of any law or
governmental agency having legal jurisdiction over the Property or any Additional
Property.
F. To address and accommodate (i)the broad range of uses permitted
under the current zoning ordinance applicable to the Property and (h) the fact that
the Developer is unable to determine at this time the sizes of the various Lots which
may be subjected to this Declaration, the Declarant may, at anytime the Declarant
owns any land within the Development, amend this Declaration in any fashion
Declarant deems appropriate. It is not the intention of this provision to circumvent
the general or common scheme of development described herein but to
accommodate situations or circumstances which may arise during the course of
development and to alleviate practical differences and hardship in the enforcement
and operation of this Declaration. In addition to amending this Declaration for such
purposes, the Developer shall be entitled to grant variances and adjustments from
these protective covenants as they apply to any particular Lot. No such amendment
or variance shall affect the layout of any Lot, reduce or modify the Common
Elements, change the manner of fixing the rate of Assessments, or the use
restrictions contained herein.
SECTION 4. Annexation of Additional Common Elements.
The Declarant is not the owner of the land over which the 30' Access, Utility
and Drainage Easement adjoining Fulton Station on the south, as shown on the
above referenced plat (hereinafter the "30' Easement") is located but has the right to
use the 30' Easement for the benefit of the Property if the City of Wilmington ever
allows it to be used for'access to South College Road. The Declarant may add the
30' Easement as a Common Element at anytime after it can be used for such access
and the Association shall thereafter be responsible, as a Common Expense, for 50%
of the cost of operation and maintenance of the 30' Access Easement. At such time
as the 30' Easement is annexed as a Common Element, (1) the Lot Owners shall have
the same right and easement of enjoyment in and to the 30' Easement as provided
for in Article 11, Section 1 hereof and (11) the owners of the tract of land described in
deed recorded In Book 2104, Page 974, New Hanover County Registry, shall have the
right of ingress and egress to and from said tract of land over all roads within the
Property which are a Common Element.
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DECLARATION-FULTON2- ms

ARTICLE VI.
USE RESTRICTIONS, ARCHITECTURAL CONTROL
AND MAINTENANCE
SECTION 1. Minimum Standards for Site Improvements.
A. Construction Completion. The exterior of all structures and
landscaping must be completed within twenty (24) months after the construction of
same shall have commenced, except where such completion is impossible orwould
result in great hardship to the Owner or builder, due to strikes, fires, national
emergency or natural calamities.
B. Screening. All service utilities, garbage receptacles, exterior storage
areas, fuel tanks, and loading docks are to be enclosed within a screen of a type and
size approved by the Declarant, the Executive Board or the Architectural Control
Cormmittee, so as to preclude the same from causing an unsightly view from any
highway, street or way within the Development, or from any other Lot within the
Development. This shall not apply to Lot 1.
C. Utilities. All secondary power lines and communication lines on a
Lot shall be placed underground. This shall not apply to Lot 1.
SECTION 2. Use Restrictions.
A. Land Use And Building TyRe. No portion of the Property located
within the bounds of Lot 3 shown on Exhibit A hereof, other than Lot 1 as shown on
the above referenced recorded plat, may be used for a bank, financial institution,
retail and commercial lending services, depository services, trust services, sale of
Investments, financial consulting or for the location of an automatic teller machine
so long as Lot 1 is being used for any such purposes. The Property is subject to
those certain use restrictions contained in deed recorded in Book 2988, Page 622 of
the New Hanover County Registry; said deed contains, among other things, a
restriction on use of the Property for a period of 99 years for a grocery store or store
(or department within a store) engaged in the sale of groceries, perishable or non-
perishable food products, packaged or fresh seafood, meat or poultry, packaged or
fresh produce or vegetables, or packaged or fresh bakery products (all intended for
human consumption); provided, however, that the foregoing shall not prohibit (1) the
sale of incidental quantities of such specified items In connection with the operation
of a business other than a supermarket or grocery store, except no perishable foods
shall be sold at such other business other than snack foods, bread and milk, or (ii)
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DEC LARATION-FULTON2-VMS

the operation of any restaurant, whether for on -premises or off -premises
consumption.
B. Nuisances. No noxious or patently offensive activity (as defined in
local ordinances) shall be carried on upon any Lot, nor shall anything be done
thereon which may be or may become an annoyance or nuisance to the
Development. There shall not be maintained any plants or animals, nor device or
thing of any sort whose normal activities or existence are in any way noxious,
dangerous, unsightly, or are of such other nature as would marterially diminish or
destroy the character of the Development as a first class office and retail center. It
shall be the responsibility of each Owner to prevent the development of any unclean,
unsightly or unkept condition of buildings or grounds on the Owner's Lot which
would materially and adversely affect the use and/or value of the Development as a
whole or of adjacent properties.
C. Temporary Structures. No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot
any time either temporarily or permanently without the written consent of the
Association or its designee; provided, however, that this shall not prevent the use of
a construction trailer or office on any part of the Planned Community until the
construction of Improvements are completed.
D. Construction in Common Elements. No person shall undertake,
cause, or allow any alteration or construction in or upon any portion of the Common
Elements except at the direction or with the express written consent of the
Association.
E. Subdividing. Subject to any rights reserved to the Declarant herein,
no Lot shall be subdivided, or its boundary lines changed except with the prior
written consent of the Declarant during the period of Declarant control of the
Association and thereafter by the Executive Board; provided, however, nothing
contained herein shall prevent Declarant from subdividing the portion of the
Property shown on the above referenced recorded plat as "Future Development" into
Lots with such configuration as Declarant deems appropriate.
SECTION 3. Maintenance. Each Lot Owner shall keep his Lot reasonably
clear of weeds, underbrush or refuse piles, or unsightly growth. All structures shall
be kept neat and in good condition and repair consistent with similar commercial
properties in the Wilmington, NC area. All shrubs, trees, grass and plantings shall
be kept neatly trimmed and properly cultivated. Each Owner shall maintain and keep
in good repair the exterior of all structures and all parking areas and other exterior
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DECLARATION-FULTON2rvms

facilities. Parking areas, sidewalks and grounds shall be kept reasonably clear and
free of snow, ice, and rubbish with adequate drainage and lighting provided thereon.
Striping on parking areas shall be renewed as necessary to remain bright and
visible. Any structures damaged or destroyed by fire or other casualty shall
immediately be repaired, replaced, or demolished and the site left clean and neat.
ARTICLE Vil
STORMWATER PERMITIFACILITES
SECTION 1. Stormwater Permit. The Association and each of its Members
agree that at anytime after (1) all work required under the Stormwater Permit has
been completed (other than operation and maintenance activities), and (11) the
Developer is not prohibited under DENR regulations from transferring the
Stormwater Permit for the Planned Community to the Association, the Association's
officers without any vote or approval of Lot Owners, and within 10 days after being
requested to do so, will sign all documents required by DENR for the Stormwater
Permit to be transferred to the Association; provided, however, that at the time the
Developer requests that the Association accept transfer of the Stormwater Permit,
the Developer has delivered to the Association a certificate from an engineer
licensed in the State of North Carolina, dated no more than 45 days before the date
of the request, that all stormwater retention ponds, swales and related facilities are
constructed in accordance with the plans and specifications therefore. If the
Association falls to sign the documents required by this paragraph, the Developer
shall be entitled to specific performance in the courts of North Carolina requiring
that the appropriate Association officers sign all documents necessary for the
Stormwater Permit to be transferred to the Association. Failure of the officers to
sign as provided herein shall not relieve the Association of its obligations to operate
and maintain the Stormwater facilities covered by the Stormwater Permit.
SECTION 2. Stormwater Facilities O & M. Any stormwater retention ponds and
related facilities for the Planned Community which have or are to be constructed by
or on behalf of Declarant constitute Common Elements and, subject only to the
provisions of Section 3 of this Article VII, the Association, at its sole cost and
expense, Is responsible for the operation and maintenance of such facilities. Such O
& M shall include, but not be limited to, compliance with all of the terms and
obtaining any renewals of the Stormwater Permit. Except as provided in Section 3 of
this Article VII, the Association shall indemnify and hold harmless the Developer
form any obligations and costs under the Stormwater Permit for operation and
maintenance of the stormwater retention ponds and related facilities.
15
DECLARATION-FULTON2-VMS

SECTION 3. Damage to Storm Water Facilities. The Declarant shall at its sole cost
and expense be responsible for repairing any damage to storm water facilities
caused by the Developer's development activities. The Developer shall not be
responsible for damages to stormwater retention ponds and related facilities caused
by any other cause whatsoever, including but not limited to construction of buildings
or other activities by Owners, their agents and contractors, upon their Lots, acts of
God, and the negligence of others. Lot Owners shall be responsible for damages to
such stormwater facilities caused by construction of buildings or other activities
upon the Owner's Lot. Each Owner, shall within 30 days after receipt of notice of
damage to stormwater facilities, repair the damage at the Owner's sole cost and
expense to return them to the state required by the storm water plans and
specifications for the Planned Community. If the Lot Ownerfails to do so within said
30-day perlod, the Association shall perform the work and the cost of the work shall
be added to the Annual Assessment due from the Lot Owner.
SECTION 4. Enforcement Of Storm Water Runoff Regulations. Each Lot Owner will
comply with all applicable provisions of NC State Stormwater Management Permit#
SW891023 (the "Stormwater Permit"). Alteration of the drainage as shown on the
plans and specifications submitted by the Declarant to obtain the Stormwater Permit
Is prohibited without the consent of DWQ and the Declarant. All runoff from built
upon area must be directed into the stormwater control system covered by the
Stormwater Permit. These covenants run with the land and are intended to Insure
continued compliance with the Stormwater Permit. Therefore, the covenants
contained in this section may not be changed or deleted without the consent of DWQ
and the State of North Carolina is specifically made a beneficiary of these covenants.
The provisions of the Stormwater Permit are incorporated herein by reference and
each Owner is required to refrain from taking any action that will be in violation of
the Stormwater Permit.
ARTICLE Vlll
LOTS SUBJECT TO DECLARATIOWEN FORCE MENT
SECTION 1. Lots Subiect to Declaration. The covenants and restrictions
contained in this Declaration are for the purpose of protecting the value and
desirability of the Planned Community and the Lots contained in it. All present and
future Owners, tenants and occupants of Lots and their guests or invitees, shall be
subject to, and shall comply with the provisions of the Declaration, and as the
Declaration may be amended from time to time. The acceptance of a deed of
conveyance or the entering into of a lease or the entering into occupancy of any Lot
shall constitute an agreement that the provisions of the Declaration are accepted
16
DECLARATION-FuLTON2-Mg

and ratified by such Owner, tenant or occupant. The covenants and restrictions of
this Declaration shall run with and bind the land and shall bind any person having at
any time any interest or estate in any Lot, their heirs, successors and assigns, as
though such provisions were made a part of each and every deed of conveyance or
lease, for a term of twenty (20) years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive periods of ten (10)
years, unless terminated by the Lot Owners.
SECTION 2. Enforcement and Remedies. The covenants and restrictions of
this Declaration shall inure to the benefit of and be enforceable (by proceedings at
law or in equity) by the Association, or the Owner of any Lot, their respective legal
representatives, heirs, successors and assigns. The Executive Board shall be
entitled to enforce its Articles of Incorporation, Bylaws and Rules and Regulations.
In addition to the remedies otherwise provided for herein concerning the collection
of Assessments, the following remedies shall be available;
A. Association to Remedy Violation. In the event an Owner (or other occupant
of a Lot) is in violation of or fails to perform any maintenance or other activities
required by this Declaration, the Association's Bylaws, Charter or Rules and
Regulations, the Executive Board or its designee, after 30-days written notice, may
enter upon the Lot and remedy the violation or perform the required maintenance or
other activities in a reasonable manner, all at the expense of the Owner, and such
entry shall not be deemed a trespass. The full amount of the cost of remedying the
violation or performing such maintenance or other activities and shall be chargeable
to the Lot, including collection costs and reasonable attorneys' fees. Such amounts
shall be due and payable within 30 days after Owner is'billed. If not paid within said
30 day period, the amount thereof may immediately be added to and become a part
of the Annual Assessment levied against said Owner's Lot. In the event that any
repair or added maintenance activities are necessitated to any Common or Limited
Common Elements due to the willful act or active or passive negligence of any
Owner, his family, guests, Invitees or tenants, and the cost of such maintenance,
repair or other activity Is not fully covered by insurance, then, at the sole discretion
of the Board of Directors of the Association, the cost of the same shall be the
personal obligation of the Owner and If not paid to the Association within 30 days
after demand, may Immediately be added to and become a part of the Annual
Assessment levied against said Owner's Lot.
B. Fines. The Association may establish a schedule of and collect fines for
the violation of this Declaration or of the Association's Articles of Incorporation,
Bylaws or Rules and Regulations. If an Owner does not pay the fine when due, the
fine shall immediately become a part of and be added to the Annual Assessment
17
DECLARATION-FULTON2-vets

against the Owner's Lot and may be enforced by the Association as all other
Assessments provided for herein.
C. Suspension of Services and Privileges. The Association may suspend all
services and privileges provided by the Association to an Owner (other than rights
and easements granted in Articles II and VI hereof) for any period during which any
Assessments against the Owner's lot remain unpaid for at least 30 days or for any
period that the Owner or the Owner's Lot is otherwise in violation of this Declaration
or the Association's Charter, Bylaws, or Rules and Regulations.
SECTION 3. Miscellaneous. Failure by the Association or by an Owner to
enforce any covenant or restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter. The remedies provided herein are cumulative
and are in addition to any other remedies provided by law.
ARTICLE IX.
GENERAL PROVISIONS
SECTION 1. Insurance/Taxes. Each Owner will maintain fire and casualty
Insurance covering the improvements on the Owner's Lot in an amount of 80% of the
replacement value of the Improvements. The Owner will provide Declarant with such
evidence that the required Insurance is in effect as Declarant may reasonably
request. Each Owner will pay all ad valorem taxes levied against the Owner's Lot.
SECTION 2. Rights of Institutional Note Holders. Any institutional holder of a
first lien on a Lot will, upon request, be entitled to (a) inspect the books and records
of the Association during normal business hours, (b) receive an annual audited
financial statement of the Association within ninety (90) days following the end of Its
fiscal year, (c) receive written notice of all meetings of the Association and right to
designate a representative to attend all such meetings, (d) receive written notice of
any condemnation or casualty loss that affects either a material portion of the
Planned Community or the Property securing its loan, (e) receive written notice of
any sixty-day (60) delinquency In the payment of assessments or charges owed by
any Owner of any property which is security for the loan, (f) receive written notice of
a lapse, cancellation, or material modification of any Insurance policy or fidelity
bond maintained by the Association, (g) receive written notice of any proposed
action that requires the content of a specified percentage of mortgage holders, and
(h) be furnished with a copy of any master Insurance policy.
18
DECLARATION,FULTON2- ms

SECTION 3. Utility Service. Declarant reserves the right to subject the
Property to contracts for the installation of utilities, cable TV and street lighting,
which may require an initial payment and/or a continuing monthly payment by the
Owner of each Lot. Each Lot Owner will be required to pay for any water
connections, sewer connections, impact fees or any other charges imposed by any
entity furnishing water, sewer or other utility service to the Lots. In the alternative,
the Developer may collect such connection, impact and other fees, and charges
directly from the Lot Owners if such services are utilized and applicable to the Lot in
question. No Owner shall be obligated to bear any portion of such charges which
are applicable to other Lots only.
SECTION 4. Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall In no way affect any other provisions
which shall remain In full force and effect.
SECTION 5. Amendment of Declaration. Except in cases of amendments that
may be executed by the Declarant under this Declaration, this Declaration may be
amended by affirmative vote or written agreement signed by Owners of Lots to
which at least sixty-seven percent (67%) of the votes In the Association are
allocated, or by the Declarant if necessary for the exercise of any right reserved to
the Declarant herein.
SECTION 6. Other. This Declaration may not be modified without the written
consent of the Owner of Lot 1if such change would: (1) change the location of the
Common Elements, (ii) change the manner In which Assessments are fixed, (III)
change the Insurance requirements imposed on the Association, (Iv) change the use
restrictions contained herein or (v) add any provision which would cause the Owner
of Lot 1 to be in breach of the terms of that certain lease between the Owner of Lot 1
and The Bank of Wilmington, dated August 1, 1998, a memorandum of which Is
recorded in Book 2447 Page 811 of the New Hanover County Registry.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be
executed as of the day and year first above written.
UNIVERSITY GROUP, C.
By: j WOA w
7"kes
19
DECLARATION-FULTON2 vms

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, a Notary Public, certify that f-tr!21 [tr►tw
personally came before me this day and acknowledged that he is the President of
UNIVERSITY GROUP INC., a corporation, and that he, as President, being authorized
to do so, executed the foregoing on behalf of said corporation.
Witness my hand and seal, this the Iq day of Aoy - , 2002.
Notary Public
My commission expires:
20
DECLARATFON-FULTON2- m,S

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REBECCA T CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
Rik#Rl RRRi#if!#iiif#!i*k!i*iR#*R#i#RRRiR*RkR**R***R*!*RRRi!*RR*Rii*Ri!!!RliRRRfiRRR#*RRRi*RRiki*R!f###R!!!}**R}}*RRlRR**
Filed For Registration 11/20/2002 04 27 05 PM
Book RE 3530 Page 974-995
Document No 2002059337
DECL 22 PGS $74 00
Recorder MARVIS ANN STORER
State of North Carolina, County of New Hanover
The foregoing certificate of V M STRACHAN Notary is certified to be correct This 20TH of November 2002
REBECCA T CHRISTIAN , REGISTER OF DEEDS
By UIA/n AttAl�
Deputy/U44 &Rt Register of Deeds
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*2002059337*
2002059337

63a35
A,,- S&MEAugust 5, 2003 Since18. 73
Three Decades ... Three Reasons
We listen. We respond. We solve.
GKH Development, Inc
COPY
170 Broadway Street, Suite 227
New Orleans, Louisiana 70118-6705 RECEIVED
Attention Mr Gordon Kolb ASS Q b 20
Reference Double Rmg Infiltrometer Testing AKDREW AND KM
Walgreen's Drug Store Site
17`h Street Extension @ South College Road
Wilmington, North Carolina
Job No 1063-03-815
Dear Mr Kolb
As requested, S&MB personnel have recently advanced hand-augered bonngs and
conducted double -ring infiltrometer testing of the surfici<al soils at the subject site at the approximate
locations shown in Figure 1 Specifically, our representatives performed the following work items
on August 1, 2003
1 Advanced two hand-augered borings (Locations 1 and 2) in order
to visually classify the in -place soils A Munsell Soil Color Chart
was used to define the hue and chroma of the recovered soil
samples
2 Conducted double -ring infiltrometer testing at a depth of 6 inches
below the existing ground surface at Location 2 This testing was
conducted to general accordance with American Society for
Testing and Materials (ASTM) procedure D-3385 entitled,
"Infiltration Rate of Soils in Field Using Double-Rmg
Infiltrometer"
Based on our visual classifications of the excavated soils at the hand-augered boring
locations, the in -place soils at Location 1 generally consisted of silty sands with mtemvttent layers
of weakly cemented silty sands (known locally as "hardpan") These silty sands extended to the
completed boring depth of 7 feet below the existing ground surface
At Location 2, slightly silty sands were encountered from the ground surface to a
depth of 36 inches Silty sands were then noted from a depth of 36 inches to the completed boring
depth of 9 feet A layer of weakly cemented silty sand was encountered from a depth of
approximately 65 to 84 inches below the existing ground surface
S&ME Inc i (910) 7999945
8409 Amsterdam Way, Building B-3 1 19101 7999958 fax
Wilmington, North Carolina 28405 - z , ,

GKH Development, Inc August 5, 2003
S&ME Job Number 1063-03-815 Page Two
Water was observed in the borehole at Location 1 at a depth of approximately 90
inches below the existing ground surface No water was noted in the borehole (maximum depth of
9 feet) at Location 2 The site water level will fluctuate with climatic and seasonal conditions,
however, and may be higher or lower at other times of the year It is our opinion that the depth to
the seasonal high water table exceeds five feet at Location 2, but could occur within one foot of the
ground surface at Location 1 due to the presence of the weakly cemented silty sands
The measured infiltration rates at Location 2 ranged from about 36 to 40 inches per
hour with an average infiltration rate of approximately 37'/2 inches per hour A summary of the
field test results is presented in Table 1
S&ME appreciates the opportunity to provide our services during this phase of the
project Should you have any questions after reviewing this letter, or if we can be of additional
assistance, please do not hesitate to contact us at your convenience
Very truly yours,
S&ME, INC
C Richard Connell, II
Senior Engineering Technician
/4A w
Michael W Behen, P E
Senior Geotechnical Engineer
CRC MWBIJns
Attachments
Copy Andrew & Kuske Consulting Engineers, Mr John Tunstall, P E

II
TABLE 1
Double Ring Infiltrometer Testing
Walgreen's Drug Store Site
171h Street Extension @ South College Road
Wilmington, North Carolina
Job No 1063-03-815
Location 2
Date of Test 8-1-03
Depth of Test Below Site Grade 6 inches
Depth of Water in Rings 5114 inches
Inner Diameter of Inner Ring l l % inches
Inner Diameter of Outer Ring 22%z inches
Average Infiltration Rate 37 7 inches per hour
SOIL PROFILES
Location 1
Depth Hue Value/Chroma Soil Description
0-15"
10YR
2/2
Very Dark Brown Fine SAND - Some Silt (Cemented)
15"-40"
10YR
6/1
Gray Fine SAND - Trace of Silt
40"48"
10YR
4/2
Dark Grayish Brown Fine SAND - Some Silt (Cemented)
48"-64"
10YR
3/2
Very Dark Grayish Brown Fine SAND - Some Silt
64"-84"
10YR
2/1
Black Fine SAND - Some Silt
Location 2
Depth Hue Value/Chroma Soil Description
04"
2 5Y
3/ 1
Very Dark Gray Fine SAND - Trace of Silt
4"-36"
2 5Y
5/1
Gray Fine SAND - Trace of Silt
3611 48"
2 5Y
5/3
Light Olive Brown Fine SAND - Some Silt
48"-65"
2 5Y
6/4
Light Yellowish Brown Fine SAND - Some Silt
65"-84"
10YR
3/2
Very Dark Grayish Brown Fine SAND - Some Silt (Cemented)
84"-97"
10YR
5/2
Grayish -Brown Fine SAND - Some Silt
97"-108"
10YR
2/2
Very Dark Broom Fine SAND - Some Silt

sOUTH COLLEGE ROAD
4LSWVP.CL(tV 1
z
0
0
U
r.
Hip
Note: Site plan drawing provided to S&ME by Andrew & Ruske Consulting Engineers personnel.
LEGEND
0 Approximate Boring Location
PROJECT SC A L E Not to Scale
PROPOSED WALGREENS DRUG STORE F_
WILMINGTON, NORTH CAROLINA d 05 NO 1063-03-815
IV
f IG NO 1

ANDREW & KUSKE John R Andrew, P E John S Tunstall, P E
J A Kuske, P E Neal W Andrew, P E
CONSULTING ENGINEERS, INC. J Phillip Norris, P E John A Kuske, Ill, P E
James T Pyrtle, P E C Lawrence Sneeden, Jr, P E
902 Market Street 0 Wilmington, NC 28401-4733 • Phone [phone] • Fax [phone]
www andrewandkuske com • office@andrewandkuske com 2 l
LETTER OF TRANSMITTAL ` 0
To
Linda Lewis
Date October 20, 2003 Fi No 03035
NC DENR - Wilmington
Subject Walgreens @ 17th Street & S College Rd
Wilmington, NC
WE ARE SENDING YOU VIA HAND DELIVER
® ATTACHED ❑ UNDER SEPARATE COVER
❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS
❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER
❑
FAX TRANSMITTAL: NUMBER OF PAGES
INCLUDING THIS TRANSMITTAL
Call 910-343-9653 If you have any difficulty
receiving this message
COPIES
DATE
NO
DESCRIPTION
1
10-17-03
Original Signed, Dated & Notarized Page 4 of SWU-107 Supplement Application
1
1-8-02
Copy of Approved State Stormwater Permit SW8 981023 Modification
O C T 2 0 Z003
BY a
❑
❑
AS REQUESTED
FOR YOUR USE
❑ FOR REVIEW AND COMMENT ® FOR APPROVAL
❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US
REMARKS
CC
You are receiving the original signed, dated and notarized page 4 of the Underground Infiltration Trench
Supplement (SWU-107) that I spoke with you about on Friday I submitted only a signed and dated faxed
copy to you on Friday, October 17, 2003 Also included is a copy of the approved stormwater permit for
the 17th Street and College Road Project approved on January 8, 2002 If you have any questions,
please feel free to call Thank you
SIGNED John S Tunstall, P E , / asn
CONFIDENTIAL AND PRIVILEGED Information contained in this document is privileged and confidential, intended for the sole use of the
addressee If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination,
distribution or copying of this document is strictly prohibited If you have received this document in error please immediately notify the sender and
return to the address above

Andrew & Kuske
CONSULTING ENGINEERS, INC
902 Market Street Wilmington NC 28401-4733
910/343-9653 9101343-9604 Fax
www andrewandkuske com
October 17, 2003
Ms Linda Lewis, Environmental Engineer
NC DENR Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
John R Andrew P E J Phllllp Norrls P E
John S Tunstall P E Neal W Andrew P E
John A Kuske III P E J A Kuske P E of Counsel
James T Pyrtle P E C Lawrence Sneeden Jr P E
Re State Stormwater Permit Submittal
Walgreens @ 17t" Street & S College Road
Wilmington, NC
A & K Project No 03035
Dear Ms Lewis
Enclosed are two (2) sets of plans for the subject project, one (1) set of
calculations, the original Division of Water Quality Stormwater Management
Permit application, the original SWU-106 and 107 supplement forms, one (1)
copy of the stormwater narrative and a $420 00 check for the processing fee
Please review this information for approval and contact us with any questions or
comments you may have Thank you for your assistance on this project
Sincerely,
ANDREW & KUSKE
CONSULTING ENGINEERS, INC
John S Tunstall, P E
JST/asn
RECEIVED
OCT 17 2003
BY:
03035 10-17-03-s-sw-Itr
Enclosures
cc Gordon H Kolb, President / G H K Developments, Inc

a/ «�
- — - -- '
waMichael F Easley, Governo
r�R -- � — 6
William G Ross, Jr , Se eta
y North Carolina Department of Environment and Natural Resourc s
> Gregory J Thorpe, PhD, Acting Director
O 'C Division of Water Quality
Wilmington Regional Office
January 02 RECEIVED
Mr Terry Turner, President JAN 14 2002
University Group, Inc
1904 Eastwood Road, Suite 212 ANDR�IN AND KiISKE
Wilmington, NC 28403
Subject. Permit No. SW8 981023 Modification
17th Street and College Road Project
High Density Stormwater Project
New Hanover County
Dear Mr Turner
The Wilmington Regional Office received a complete Stormwater Management Permit Application for 17th Street
and College Road Project on December 7, 2001 Staff review of the plans and specifications has determined that
the project, as proposed, will comply with the Stormwater Regulations set forth in Title I SA NCAC 2H 1000. We
are forwarding Permit No SW8 981023 Modification dated January 8, 2002, for the construction of 17th Street and
College Road Project
This permit shall be effective from the date of issuance until January 8, 2012, 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 wntten 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 0 Drawer 27447, Raleigh, NC 27611-7447 Unless such demands
are made this permit shall be final and binding
if you have any questions, or need additibnal information concerning this matter, please contact Noelle Lutheran,
or me at [phone],
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/nml S MS\SISTORMWATIPERMIT198I023 JAN
cc
Tony Roberts, New Hanover County Inspections
Beth E Wetherill, New Hannover County Engineering
Division of Coastal Management
Noelle Lutheran
Wilmington Regional Office
Central Files
m%A
N C Division of Water Quality 127 Cardinal Drive E)tension Wilmington, N C 28405 [phone] Fox(910) 350-2004 Customer Service
800-623-7748

State Stomiu atcr Management Systems
PermitNo—SW8 981023 Modification
STATE OF NORTH CAROLINA
DEPARTMENT -OF ENVIRONMENT AND NATURAL RESOURCES'
DIVISION OF WATER QUALITY
_ �
STATE STORMWATEWMANAGEMENT PERMIT
M
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
University Group, Inc
17th Street and College Road Project
New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC
2H .1000 (hereafter referred to as the "stormwater rules`) and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by the Division of Water Quality
and considered a part of this permit
This permit shall be effective from the date of issuance until January 8, 2012 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
3 of this permit, the Project Data Sheet The stormwater control has been designed to handle the runoff from
415,931 square feet of impervious area
3 Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
4 The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved
plans The built -upon area for the future development is limited to 338,876
5 All stormwater collection and treatment systems must be located in either dedicated common areas or
recorded easements The final plats for the proj ect will be recorded showing all such required easements, in
accordance with the approved plans.
6 The runoff from all built -upon area within the permitted drainage area of this project must be directed into
the permitted stormwater control system A permit modification must be submitted and approved prior to
the construction of additional built -upon area from outside of the approved drainage area

I
--- State Stormwater Management Systems
Permit No SW8 981023 Modification
— .- DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name 17th Street and College Road Project
Permit Number SW8 981023 Modification
Location- New Hanover County
Applicant Mr Terry Turner, President
Mailing Address University Group, Inc
1904 Eastwood Road, Suite 212
Wilmington, NC 28403
Application Date
December 7, 2001
Name of Receiving Stream/Index #
Cape Fear River 1 Banards Creek / 18-80
Classification of Water Body
"C Sw"
If Class SA, chloride sampling results,
n/a
Pond Depth, feet
55
Permanent Pool Elevation, FMSL•
40
Drainage Area, acres
1123
Total Impervious Surfaces, W:
415,931
Bank of Wilmington (Existing
Buildings, ft2
3,540
Parking, ft2-
69,623
Sidewalks, ft2.
3,892
Future Development, W
338,876
Offsite Area entering Pond, ft2
None, per engineer
Required Surface Area, ft2:
27,158
Provided Surface Area, W.
27,448
Required Storage Volume, ft'•
35,885
4
Provided Storage Volume, W
43,854
Temporary Storage Elevation, FMSL
415
Controlling Onfice
3" (p pipe
3

State Stormwater Management Systems
----- Permit No SW8 981423 Modification-
II. SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in it's entirety, vegetated and operational for its
intended use prior to the construction of any built -upon surface.
2
During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
3 The permittee shall at all tunes provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency The approved Operation and Maintenance Plan must be
followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to
a Semiannual scheduled inspections (every 6 months)
b. Sediment removal
c Mowing and revegetation of side slopes and vegetated filter
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, flow spreader, catch basins and
Piping
g Access to the outlet structure must be available at all times
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 Decorative spray fountains will not be allowed in the stormwater treatment system
b The facilities shall be constructed as shown on the approved plans 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.
7 Upon completion of construction, pnor to issuance of a Certificate of Occupancy, and prior to operation of
this permitted facility, a certification must be received from an appropriate designer for the system installed
certifying that the permitted facilityhas been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation Any deviations from the approved plans and
specifications must be noted on the Certification. A modification may be required for those deviations
8 If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior
to operation as a stormwater treatment device, and prior to occupancy of the facility.
9 The pemuttee shall submit to the Director and shall have received approval for revised plans, specifications,
and calculations prior to construction, for anymodification to the approved plans, including, but not limited
to, those listed below.
a Any revision to any item shown on the approved plans, including the stormwater management
measures, built -upon area, details, etc
b Project name change.
c Transfer of ownership
d Redesign or addition to the approved amount of built -upon area or to the drainage area
e Further subdivision, acquisition, or sale ofthe project area The project area is defined as all property
owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought
f Filling in, altering, or piping of any vegetative conveyance shown on the approved plan
10 The permittee shall submit final site layout and grading plans for any permitted future areas shown on the
approved plans, prior to construction If the proposed BUA exceeds the pemitted amount, a modification to
the permit must be submitted and approved prior to construction
4

State Stormwater Management Systems
_ —Permit No SW8 981023 Modification
11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum
of ten years from the date of the completion of construction -
12 The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days
13 Prior to the sale or lease of any portion of the property, the permittee shall notify DWQ and provide the
name, mailing address and phone number of the purchaser or leasee An access/maintenance easement to the
stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be
restricted by the sale or lease of any portion of the property
14 The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area.
15 The Director may notify the permittee, when the permitted site does not meet one or more of the minimum
requirements of the permit Witlun the time frame specified in the notice, the permittee shall submit a written
tune 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.
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 maybe appropriate The approval of thus request will be considered on its merits and mayor may
not be approved. Responsibility for compliance with all permit conditions remains with the Permittee until
such time as the Division approves the formal permit request
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 6A to 143-215 6C
3 The issuance of this permit does not preclude the Permttee 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 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 pemuttee grants DENR Staff permission to enter the property during normal business hours for the
purpose of inspecting all components of the permitted stormwater management facility
6 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
7 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual
Permit issued this the 8th day of January, 2002
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Gregory J Thorpe, Ph D , Acting Director
S--1 Division of Water Quality
By Authority of the Environmental Management Commission
5

State Stormwater Management Systems
Permit No SW8 981023-Modification
-17th Street and College Road Project ---_
Stormwater Permit No SW8 981023 Modification
New Hanover County
Designer's Certification
I, as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of
the project,
(Project)
for (Project Owner) hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the project construction such that the construction was observed to be
built within substantial compliance and intent of the approved plans and specifications
The checklist of items on page 2 of this form is included in the Certification
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
R

-_ - State Stormwa[er Management Systems
Permit No SW$ 991023 Modification
Certification Requirements
1. The drainage area to the system contains approximately the permitted acreage
2 The drainage area to the system contains no more than the permitted amount of built -upon area
3 All the built -upon area associated with the project is graded such that the runoff drains to the system
4 The outlet/bypass structure elevations are per the approved plan
5. The outlet structure is located per the approved plans
6 Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation
8 Vegetated slopes are no steeper than 3.1
9. The inlets are located per the approved plans and do not cause short-circuiting of the system
10 The permitted amounts of surface area and/or volume have been provided.
11 Required drawdown devices are correctly sized per the approved plans
12 All required design depths are provided.
13 All required parts of the system are provided, such as a vegetated shelf, and a forebay
14. The overall dimensions of the system, as shown on the approved plans, are provided
CC. NCDENR-DWQ Regional Office
Tony Roberts, New Hanover County Building Inspector
7

A&K #01153
�- v > e ! 5s�° ro �e M h 3 r t` �hY r hra trt9te 4 E f aas e by ' Si "
to t y e "OFFICV13,91Fx i 2r Ze
Date Received
Number
--O
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o
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocapled for use as an onginal
I GENERAL INFORMATION
I Applicants name (specify the name of the corporation, uidwidual, etc who owns the project)
Universty Gmu , Inc
2 Print Owner/Signing Official's name and title (person legally responsible for facility and compliance)
Terry Tumer, President
Mailing Address for person listed in item 2 above
_1904 Eastwood Road, Suite 212 _
Crty Wilmington � - State NC Zap� 28403
Telephone Number ^ [phone]
4 Project Name (subdivision, facility, or establishment name — should be consistent with project narne on
plans, specifications, letters, operation and mamtenance agreements, etc)
1
17th Street & College Road Project _
S Location of Project (street. address)
Southwest comer of the 17th Street extension and South College Road
Crty Wilmington . _ _ County New Hanover
6 Duections to project (from nearest major intersection)
ApRmarnately 950 If west from the intersection of NC Highway 132 and SR 1219 to service road
to project entrance
7 Latitude N340 10' 27" - Longitude W770 53' 38" of project
8 Contact person who can answer questions about the project'
Name Phil Noms Telephone Number [phone]
H PERMIT INFORMATION
Specify whether project is (check one)
New
Form SWU-101 Version 3 99 Page 1 of 4
Renewal Modification

V1 SUBMITTAL REQUIREMENTS -
Only complete application packages will be accepted and reviewed by -the Division`of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
Please indicate that you have provided the following required mformatron by initialing in the space provided
next to each stem
Original and one copy of the Stormwater Management Permit Application Form
One copy of the applicable supplement form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
Detailed narrative description of stormwater treatment / management
Two copies of plans and specifications, including
- Development / Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property / project boundary
- Location map with named streets or NCSR munbers
- Original contours, proposed contours, spat elevations, finished floor elevations
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (ncluding off -site), drainage easements, pipe sizes, runoff calculations
- Dramage areas delineated'
- Vegetated buffers (where rMnred)
VII AGENT AUTHORIZATION _
if you Wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section
.1 Phillip Noms, P E
Designated agent (individual or firm)Andrew & Kuske Consulting Engineers, Inc
Marlmg Address 902 Market Street
City Wilmington _ z State NC - Zip 2Q401
Phone _ [phone] -
VIIL APPLICANT'S CERTIFICATION
Fax [phone]-
I, (print or type name of person listed in General Information, Item 2) Terry Tamer ,
Certify that the mformahon included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions and
protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC
2H 1000
Signature (, jiJLr� 1/Lh/1
Form SWU-101 Version 3 99 Page 4 of 4
Date `� 17-1 U 1

7 How -was the off -site impervious area listed above derived9 N/A
IV DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment
The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number NIA as Issued by the Division of Water Quality These covenants may
not be changed or deleted without the consent of the State
2 No more than NIA square feet of arty 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 ,
Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings
4 Built -upon area in excess of the permitted amount requires a state stormwater management permit modification
prior to construction.
Allpermitted runoff from outpar+cels or future development shall be directed into the permitted stormwater control
system These connections to the stormwater control system shall be performed Ina manner that maintains the
integrity and performaiwe of the system as permitted
By your signature below, you certify that the recorded deed restrictions and protective covenants for this proled
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot
V SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BUT speoified for this project Contact the Stormwater and General Permits Unit at [phone] for
the status and availability of these forms
Form SWU-102
Form SWU-103
Form SWU-104
Form SWU 105 ,
Form SWU I06 x
Form SWU-107
Form SWU-108
Form SWU-109
Wet Detention Basin Supplement
Infiltration Basin Supplement
Low Density Supplement
Curb Outlet System Supplement
Off -Ste System Supplement
Underground Infiltration Trench Supplement
Neuse River Basin Supplement
Innovative Best Management Practice Supplement
Form SWU-101 Vernon 3 99 Page 3 of 4

VI SUBMITTAL REQUIREMENTS
'Only complete application packages will be accepted and reviewed by the Division of -Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
Please indicate that you have provided the following required information by initialing in the space provided
next to each item
Onginal and one copy of the Storrawater Management Permit Application Form
One copy of the applicable supplement form(s) for each BMP
Permit application processing fee of S420 (payable to NCDENR)
Detailed narrative description of stormwater treatment / management
Two copies of plans and specifications, including
- Development / Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line'
- Dimensioned property / project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
Wetlands delineated, or a note on plans that none exist
Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated' -
Vegetated buffers (where required) `
VI1 AGENT A Mf0RIZAT10N-,
If you wish to designate authority to another individual or firm so that they may provide information on your
behaK please complete this sectign, _
J Phillip Noms, P E
Designated agent (individual or firm) Andrew & Kuske Consulting Engineers, Inc
Mailing Address 902 Market Street
City Wilmington State NC Zip 28401
Phone [phone] Fax [phone]
V11L APPLICANT'S CERTIFICATION
1, (print or type name of person listed in General Information, item 2) Jeffy Tumer ,
Certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions and
protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC
w41 nnn
Signature
Form SWU-101 Version 3 99 Page 4 of 4
Date `� 21 D !

A&K #01153
_ Permit No = -3 S W
State of North Carolina (to be provided by DwQ)
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied far use as an original
DWO Stormwater Management Plan Revig rm
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details
L PROJECT 1NFORMATION
Project Name 17th Street & College -Road Prolect - -
Contact Person Phil Noms
Phone Number
For projects with multiple basins, specify which basin this worksheet applies to
1_
elevations
Basin Bottom Elevation
Permanent Pool Elevation
Temporary Pool Elevation
(9110) 256-1045
1
34 5 , ft, , (floor of the basin)
400 ft (elevation of the orifices)
41 5 ft (elevation of the discharge structure overflow)
areas , I -
Permanent Pool Surface Area 27,448 sq ft
Drainage Area 1123 ac
Impervious Area 955 ac
(water surface area at the orifice elevation)
i
(on -site and off -site drainage to the basin)
(on site and off -site drainage to the basin)
volumes
Permanent Pool Volume 119,361 1 cu ft (combined volume ofmain basin and forebay)
Temporary Pool Volume 43,854 _ cu ft (volume detained above the permanent pool)
Forebay Volume 27,238 cu ft (approximately 20% of total volume)
Other parameters
SAIDA' 0.0555 (surface area to drainage area ratio from DWQ table)
Diameter of Orifice 3 in (2 to S day temporary pool draw -down required)
Design Rainfall 1 in
Design TSS Removal z 90 % (minimum 85% required)
Form SM-102 Version 3 99 Page 1 of 4

.Footnotes
— _ -I Whm using the Dnmon SA/DAtables, the correct SA/DA raeo for permanent pool sung should be cormpUtedWsed upon the -- -
actual impervious % and permanent pool depth. Inear tatmpolarion should be employed to detemv= the onsxect value for non-
standud table e m m
In the 20 coastal ==ues, the regwrement for a arc fitter may be waived if the wet detention basin is designed to provide
90°/v TSS removal. The NCDENR BMP mamsal provides design tables for both 85%TSS removal and 901/6 TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlums design requirements per the Stormwater Best Management Practices Manual
(N C Department of Environment, Health and Natural Resources, February 1999) and Admmistratme Code
Section 15 A NCAC 2H 1008
Initial in the space provided to indicate the following design requirements have been met and supporting ,
documentation is attached. If the applicant has designated an agent in the Stormwat r Management Permit
Application Form, the agent may initial below If a requirement, has not been met, attach-justificatioN _
Apphcants lnmals
b
c
d.
N/A e
f
h
L�. J
k
" I.V -
The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet)
The forebay volume is approxntiately equal to 20% of the basin volume
The temporary pool controls runoff from the design storm event
The temporary pool draws down in 2 to 5 days
If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations
The basin length to width ratio is greater than 3 1
The basin side slopes above the permanent pool are no steeper than 3 1
A submerged and vegetated perimeter shelf with a slope of 6 1 or less (show detail)
Vegetative cover above the permanent pool elevation is,specified
A trash rack or similar device is provided for both the overflow and orifice
A recorded drainage easement is provided for each basso including access to nearest right-
of-way `
If the balm is used for sediment and erosion control during constriction, clean out of the
bass. is Wecified prior to use as a wet detention basin
m A mechanism is specified which will drain the basin for maintenance or an emergency
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT -
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided
This system (check one) ❑ does ® does not incorporate a vegetated filter at the outlet.
This system (check one) ❑ does ® does not incorporate pretreatment other than a forebay.
Form SWU-1 02 Version 3 99 Page 2 of 4

Maintenance activities shall be performed as follows
1 After every significant runoff producing rainfall event and at least monthly - - -
a Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition -
b Check and clear the orifice of any obstructions such that drawdown of temporary pool occurs
within 2 to 5 days as designed
2 Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed
3 Inspect and repair the collection system (i a catch basins, piping, swales, nprap, etc ) quarterly to
maintam proper functioning
4 Remove accumulated sediment from the wet detention basin system semi-annually or when depth is -
reduced to 75% of the original design -depth (see diagram below) Removed sedunent shallbe disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i e
stockp ling near a wet detention basin or stream, etc )
The measuring devicb used to determine the sediment elevation shall be such that rt will give an accurate
depth reading and not readily penetrate into accumulated sediments
When the permanent pool depth reads 4125 feet in the main pond, the sediment shall be removed
When the permanent pool depth reads 300 feet in the forebay, the sediment shall be removed
Sediment
iM 370
------------
tion 36 0
FOREBAY
k ,
BASIN DIAGRAM y��fi�y�src•rrZe,s, s
(fill in the blanks)
AW
Permanent Pool Elevation 40 0y w w
.f
Sediment Removal Elevation 35 875"- 15Oto,-
..._
_____..___.._.. Botto>Yi Elevation 34 5 ` --- 25%
_ MAIN POND
5 Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface These
plants shall be encouraged to grow along the vegetated shelf and forebay berm
G If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency dram shall be minimized to the maximum extent practical
Form SWU-102 Version 3 99 Page 3 of 4

- 7--All components of the wet detention balm system shall be maintained in good workuig order
I acknowledge and agree by my signature below that I am -responsible for the performance of the seven
maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party
Print name Terry Tumer
Title President_ _-- -- -- - -
Address 1904 Eastwood Road, Susie 212, Wilmtn on, _NC 28403 -
Phone
Signature
Date
f
101 _
Note The legally responsible party should not be a homeowners association unless more than 50"/0 of tho lots have been sold
and a resident of the subdivision has been named the president.
I, .. 7tr A— Ma V% , a Nbt Public for the State of 110 r f-k r01. n
County of RAI&DO trr T, do hereby certify that
Personally appeared before me this a { day of e :LAD , and acknowledge the due
Execution o Lhe foregoing wet detention basm mamteoance requirements Witness my hand and official seal
i i .AS�i. :
My commission expires
Form SWU-102 Version 3 99 Page 4 of 4

STORMWATER SYSTEM & EROSION CONTROL NARRATIVE
WALGREENS @ 17T" STREET & S. COLLEGE ROAD
WILMINGTON, NORTH CAROLINA
For
G H K Developments, Inc
170 Broadway Street, Suite 227
New Orleans, LA 70118
[phone]
October 2003
Prepared by
ANDREW & KUSKE CONSULTING ENGINEERS, INC.
902 Market Street
Wdmmgton, North Carolina 28401
[phone]
[phone] (Fax)
E-mail office@andrewandkuske corn
A & K Project No 03035

NARRATIVE
DESCRIPTION
The project site is a 166 acre tract located on S College Road approximately
500 feet south of the intersection of 17t' Street & S College Road in Wilmington, North
Carolina The soils of the site consist of lightly vegetated sand with grades ranging
from 0% to 2% Approximately 166 acres will be graded to allow construction of a new
Walgreens Drug Store with paved parking and paved access The runoff from the site
is estimated using the rational method 10-year design storm and rainfall data for the
area Construction is scheduled to begin as soon as all permits and approvals are
obtained
The project consists of the construction of a new Walgreens Drug Store
Approximately 166 acres will be disturbed and 135 acres (81 %) will be covered by
impervious surfaces
EROSION CONTROL MEASURES
The attached plans and specifications give the requirements for erosion control
measures Gravel check dams will not be provided unless the Contractor has to
temporarily discharge into an open ditch instead of the proposed storm drain outfall A
gravel construction entrance will be constructed at the Fulton Station entrance
Maintenance will be provided by the grading contractor and developer
STORMWATER MANAGEMENT MEASURES
The project site is located in New Hanover County Land disturbing on the site
will exceed one acre, which requires the site to comply with the State Regulations, in
addition to City regulations The stormwater runoff from Lot 5 of the development (0 82
AC) will be directed to the regional stormwater detention pond of Fulton Station (SW8
981023) The remainder of the site (0 84 AC) will direct runoff to an underground
infiltration system The stormwater detention pond was designed to accommodate this
site at 85% impervious area lot coverage
CONSTRUCTION SEQUENCE
The Contractor will install the gravel construction entrance and silt fence prior to
beginning any clearing and grading operations Additional silt fence will be installed
when and if conditions warrant during construction Disturbed areas will be landscaped
or seeded upon completion

MAINTENANCE PLAN
All erosion and sediment control practices will be checked for stability and
operation following every runoff -producing rainfall but in no case less than once
every week Any needed repairs will be made immediately to maintain all
practices as designed
2 Install erosion control measures before beginning construction or as soon
thereafter as possible All erosion and sediment control practices will be
checked for stability and operation following every runoff -producing rainfall but in
no case less than once every week Any needed repairs will be made
immediately to maintain all practices as designed
3 Maintain the gravel construction entrances in a condition to prevent mud or
sediment from leaving the construction site The contractor shall inspect the
construction entrances on a daily basis This will require periodic top dressing
with additional No 4 stone Any objectionable materials spilled, washed, or
tracked onto public roadways shall be removed immediately
4 Install erosion control measures around the drop inlets as shown on the plans to
trap silt during construction Inspect the erosion control around the inlets after
each rain and make repairs immediately Remove sediment when it becomes
0 50 deep to provide adequate storage volume for subsequent rams When the
contributing drainage area has been adequately stabilized, remove all materials
and any unstable soil and either salvage or dispose of it properly Bring the
disturbed area to proper grade and appropriately stabilize all bare areas around
the drop inlets
5 Sediment will be removed from behind the silt fence when it becomes 0 5 feet
deep at the fence The sediment fence will be repaired as necessary to maintain
a barrier
6 No cut or fill slopes shall exceed a side slope of 1 vertical to 3 horizontal unless
otherwise specified on the plan All slopes shall be seeded and stabilized within
15 days
7 The stormwater ponds will act as sediment basins and will be cleaned out when
the level of sediment reaches 2 0 ft below the top of the riser Gravel will be
cleaned or replaced when the sediment pool no longer drains properly
8 No cut or fill slopes shall exceed a side slope of 1 vertical to 3 horizontal unless
otherwise specified on the plan All slopes shall be seeded and stabilized within
15 days

9 All disturbed areas shall be seeded within 15 days of disturbance All seeded
areas will be fertilized, reseeded as necessary and mulched according to
specifications in the vegetative plan to maintain a vigorous, dense vegetative
cover
10 More stringent measures shall be used to halt erosion if those shown on this plan
are not effective
11 All erosion shall be controlled including side slopes before the project is
completed
12 Remove temporary measures upon completion of project All permanent
measures will be well established before project closeout

SECTION 02920
SOIL EROSION AND SEDIMENTATION CONTROL
GENERAL
1 1 Contractor shall take every reasonable precaution throughout construction to
prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs, other
water impoundments, ground surfaces, or other property as required by State and Local
regulations
12 The Contractor shall install all required sift fences, and construction entrances at
the inibabon of work, and have these measures reviewed and approved by the local
permit authority prior to clearing and grading operations
13 The Contractor shall, within 15 days of suspension or completion of land
disturbing activities, provide permanent protective covering for disturbed areas
Temporary and permanent erosion control measures shall be coordinated to assure
economical, effective, and con#tnuous erosion and si tabon control throughout the
construction and post -construction penod Use the specified seed for both temporary and
permanent seeding
2 PRODUCTS
21 Asphalt for anchoring mulch shall be Type SS-1 Emulsion
22 Fertilizer shall be 10-10-10 grade or equivalent
23 Lime shall be dolomitic agricultural ground limestone containing not less than 10
percent magnesium oxide
24 Mulch shall be small grain straw, hay, wood chips, asphalt emulsion, jute or other
suitable material free of undesirable weed seed
25 Phosphate shall be 20 percent superphosphate or equivalent
26 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping
Red Fescue, and 24% Annual Rye grain Bermuda seed shall be hulled for warm
weather planting and unhulled for cool weather planting Punty of seed shall be a
minimum of 98 percent and germination shall be a minimum of 85 percent
27 Silt fence shall consist of NCDOT Class A fabric supported by wood or metal
posts spaced not more than 6 feet on center The bottom of the fabric shall be buned a
minimum of 6 inches
28 Gravel for check dams shall be #57 washed stone

29 Aggregate for construction entrance shall be #4 washed stone
210 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B
as shown
3 EXECUTION
31 General Take every practicable measure dunng construction or suspension to
work to minimize erosion and siltation Measures should include good construction
practices, temporary physical barners to sediment travel, settling basins for new ditches,
and establishment of vegetative cover
32 Construction Practices
3 2 1 Avoid dumping soil or sediment into any wetland or watercourse
322 Maintain an undisturbed vegetative buffer where possible between a natural
watercourse and trenching and grading operations
323 Avoid equipment crossings of streams, creeks, and ditches where practicable
324 Grade all cut, fill and ditch slopes to minimum slope of 3 1, unless otherwise
shown or directed
33 Temporary Physical Bamers are required where sedimentation on off site
property or excessive erosion is a problem
3 3 1 Mulch shall be used for temporary stabilization of areas subject to excessive
erosion and for protection of seedbeds after planting where required
1 Apply grain straw and hay at a rate of 75 to 100 pounds per 1000 square feet
and wood chips at a rate of 500 pounds per 1000 square feet Jute and mesh
should be installed as per manufacturer's instructions
2 Asphalt emulsion for slope stabilization should be applied at a rate of 1,000
gallons per acre Asphalt emulsion used for anchoring straw should be
applied at a rate of 150 gallons per ton of straw
3 3 2 Silt Fences shall be used at the base of slopes to restrict movement of sediment
from the site Clean silt fence of accumulated sediment after each rainfall event or
when it exceeds a depth of 0 5 feet above natural grade
333 Stone Check Dams, placed at the discharges of creeks, ditches, and swales,
shall consist of Class A rip rap at minimum two feet high and three feet thick across the

watercourse, with a one -foot thick layer of gravel on upstream side Remove sediment if
accumulated to a depth of 10 feet at upstream face
34 Vegetative Cover Establish and maintain permanent vegetative cover on all
unpaved areas disturbed by the work
341 Preparation of Seedbed Areas to be seeded shall be scarified to a depth of 4
inches and until a firm, well pulverized, uniform seedbed is prepared Lime, phosphorous
and fertilizer shall be applied during the scarification process in accordance with the
following rates
Lime 45 pounds per 1000 square feet
Phosphorous 20 pounds per 1000 square feet
Fertilizer 17 pounds per 1000 square feet
342 Seeding Disturbed areas shall be seeded with 2 to 3 pounds per 1000 square
feet of the specified seed mixture Seed shall be worked into the bed to a depth of 114
inch Regrade and seed eroded areas immediately
343 Mulch all areas immediately after seeding Mulch shall be applied and anchored
as specified hereinbefore Reapply as necessary to retain cover until grass is
established
35 Construction Entrance Provide an aggregate drive, 20 feet wide by 50 feet long
by 6 inches thick at each entrance to the site used by construction vehicles, until such
time as the permanent roadway is constructed Remove sod if accumulated to a depth
greater than 0 5 inches
36 Maintenance The Owner and Contractor shall be responsible for maintaining all
temporary and permanent erosion control measures Temporary structures shall be
maintained until such time as vegetation is firmly established in the area protected by
the structure Permanent streambank protection and grassed areas shall be
maintained until completion of the project Areas that fail to show a suitable stand of
grass or which are damaged by erosion shall be immediately repaired
END OF SECTION

u
Date Design Andrew and Kuske HSheet9 902 Market St CONSULTING ENGINEERS INC Wilmington, N C 28401Check Job For��f
-�r,(Mt,-A re,rL NL'Wi&Cj vNYSv
SEANO'"
�] ALA 1Z.�f��� �w`� ry �'-/3T� �N 19651
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�^'
2Q C �4A� CFjZ6V rotks
-!AAE S02rAC(_2 )N'Fk LTa-A7,ow
T � r-rc-- A(zs-:ra- = o, 84- &�) + o g-Z-Xr-,(_LDrs Fu-LMN -E5fA_) I
Te7T0,1,,
jo 7
- 0,47) .T*f' =
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44 K>EA !
4f�% V&
2�
le 2'%l ZQ FT %T
- _ ii�� T�'►�G w � �� - � 57� a 40 -� / 57 = �,9¢ FT Fr

Date
Design
Andrew and Kuske
Sheet
902 Market St CONSULTING ENGINEERS, INC Wilmington, N C 28401
Of
Check
Job
For WA � �
Job No
Ir7-"q UQ
�.
1
STATE � '�►�"®- Z<�2.�,,�V��-,�
15%(RP4-vf7 ALA;; ')-EV , 44. v
sd` +-1'+�a2 Val 1-- .1.� - L---
`1Z4wQW0 re5`"�N+� D.o3 ��i71►n = 6�Op©5%xQ.��'
-ram 2G t=r� � 71 �4-7 �+eG• = Z2.4� rr1 � r� W Q. 3 H12-
ZPAG'r, o = 6, %,2 7 Fr%-
RAT . e-1 P,,46 '9k
,

V44

03036 WALGREENS Type 11124-hr Ra,nfafi=7 00"
Prepared by Andrew & Kuske Consulting Engineers, Inc Page 2
hlydroCADV 7 00 sln 000479 01986-2003 Applied Microcomputer Systems 10/15/03
Time span=5 00-20 00 hrs, dt=0 05 hrs, 301 points
Runoff by SCS TR-20 method, UH=SCS
Reach routing by Stor-Ind+Trans method - Pond routing by Stor Ind method
Subcatchment 1S: AREA OUSIDE OF LOT 6 Runoff Area=1 000 ac Runoff Depth=5 71"
Tc=5 0 min CN=92 Runoffs 63 cfs 0 476 of
Pond 1 P• INFILTRATION SYSTEM Peak Elev=44 35' Storage=3,302 cf Inflows 63 cfs 0 476 of
Discarded=2 00 cfs 0 468 of Primary=O 37 cts 0 008 at Outflow--2 37 cfs 0 476 of
Total Runoff Area =1.000 ac Runoff Volume = 0.476 of Average Runoff Depth = 5.71"

03036 WALGREENS Type 11174-hr Rainfall--7 00"
Prepared by Andrew & Kuske Consulting Engineers, Inc Page 3
HydroCAD® 7 00 sin 000479 01956-2003 Applied Microcomputer Systems 101151 3
Subcatchment 1S: AREA OUSIDE OF LOT 6
[49) Hint Tc<2dt may require smaller dt
Runoff = 6 63 cfs @ 12 07 hrs, Volume= 0 476 af, Depth= 5 71"
Runoff by SCS. TR-20 method, UH=SCS, Time Span= 5 00-20 00 hrs, dt= 0 05 hrs
Type Ili 24-hr Rainfall=7 00"
Area (ac) CN Descnption
0,880 98 IMPERVIOUS AREA
0120 50 GREEN
1 000 92 Weighted Average
Te Length Slope Velocity Capacity Description
(min) (feet) (fftlft) (ftlsec) (cfs)
50 Direct Entry, DRAINAGE AREA
Subcatchment IS: AREA OUSIDE OF LOT 5
Hydrograph
7 6 B3 cfs
_Type III 24-hr
Rainfall=7.00"
I
Runoff Area=l.-J00 -ac
Runoff'Volume=0.475 of
4 Runoff Depth=5.71"
Tc=S,a min
I
I;N=92
r 3 i i S r
2
I
1 I
I
1 I
I
E
1 12 13 14 15 16 17 16 1s 20
Time (hours)

03036 WALGREENS Type 11124-hr Rainfall=7 00"
Prepared by Andrew & Kuske Consulting Engineers, Inc Page 4
HydroCADV 7 00 sin 000479 01986-2003 Applied Microcomputer Systems 10/15/03
Pond 1P: INFILTRATION SYSTEM
(82] Warning Early inflow requires earlier time span
(85] Warning Oscillations may require Finer Routing>1
Inflow Area = 1 000 ac, Inflow Depth = 5 71"
Inflow =
6 63 cis @ 12 07 hrs,
Volume=
0 475 of
Outflow =
2 37 cfs @ 12 32 hrs,
Volume=
0 476 af, Atten= 64%, Lag= 15 1 min
Discarded W
2 00 cfs Q 11 80 hrs,
Volume=
0 468 of
Primary =
0 37 cfs @ 12 32 hrs,
Volume=
0 008 of
Routtng by Stor-Ind method, Time Span= 5 00-20 00 hrs, dt-- 0 05 hrs
Peak Elev= 44 35' @ 12 32 hrs Surf Area= 4,000 sf
Storage= 3,302 cf
Plug -Flow detention time= (not calculated
outflow precedes inflow)
Center -of -Mass det time= (not calculated)
# Invert
Avail Storage Stora
a Description
1 42 50'
4,497 of Custom Stage Data (Prismatic) Listed below
Elevation
Surf Area Voids
Inc Store
Cum Store
-(feet)
(sq-f() (%) (cubic
-feet)
(cubic -feet)
4250
4,000 447
0
0
4300
4,000 447
894
894
4350
4,000 447
894
1,788
4400
4,000 447
894
2,682
4450
4,000 447
894
3,575
4460
80 1000
204
3,760
4550
80 1000
72
3,852
4600
2,500 1000
645
4,497
# Routing Invert Outlet Devices
1 Discarded 0 00' 0.030000 fpm Exgltration over entire Surface area
2 Primary 44 00' 12.0" x 15.0' long Culvert Box, headwall w/3 square edges, Ke= 0 500
Outlet Invert-- 43 90' S= 0 0067 ? n= 0 012 Cc= 0 900
Discarded OutFlow Max=2 00 cis @ 1180 hrs HW= 42 54' (Free Discharge)
t--1=Exfiltration (Exfiltration Controls 2 00 cfs)
Primary OutFlow Max=O 36 cis @ 12 32 hrs HW=44 34' (Free Discharge)
t2=Culvert (Barrel Controls 0 36 efs @ 2 3 fps)

03035 WALGREENS
Type fff 24-hr Rarnfaff=7 00"
Prepared by Andrew & Kuske Consulting Engineers, Inc Page 5
HydroCADV 7 OQ sin 000479 01986-2003 Applied Microcomputer Systems 10/15/03
w
Pond 1P: INFILTRATION SYSTEM
Hydrograph
Time (hours)
m

03035 WALGREENS Type !1l 24-hr Rarnfall=9 00"
Prepared by Andrew & Kuske Consulting Engineers, Inc Page 2
Hydro_CAM 7 00 sin 000479 01986-2003 Applied Microcomputer Systems 10/15/03
Time span=5 00-20 00 hrs, dt=0 05 hrs, 301 points
Runoff by SCS TR-20 method, UH =SCS
Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method
Subcatchment 1S. AREA OUSIDE OF LOT 5 Runoff Area=1 000 ac Runoff Depth=7 56"
Tc=5 0 min CN=92 Runoff= 8 66 cfs 0 630 of
Pond 1 P: INFILTRATION SYSTEM Peak Elev=45 76' Storage =4,192 cf Inflow= 8 66 cfs 0 630 of
Discarded=2 00 cfs 0 540 of Pnmary---4 24 cfs 0 090 of Outflow=4 92 cfs 0 630 of
Total Runoff Area =1.000 ac Runoff Volume = 0.630 of Average Runoff Depth = 7 56"

0
03036 WALGREENS Type f1124-hr Rarnfalf=9 00"
Prepared by Andrew & Kuske Consulting Engineers, Inc Page 3
HydroCAD® 7 00_s1n 000479.019W2003 Applied Microcomputer Systems 10/15/03
Subcatchment 1S: AREA OUSIDE OF LOT 6
Runoff = 8 66 cfs @ 12 07 hrs, Volume= 0 630 af, Depth= 7 56"
Runoff by SCS TR-20 method, UH=SCS, Time Span= 5 00-20 00 hrs, dt= 0 05 hrs
Type III 24-hr Rainfall=9 09'
Area (ac) CN Descnotion
0 880 98 IMPERVIOUS AREA
0120 50 GREEN-
1 000 92 Weighted Average
Tc Length Slope Velocity Capacity Descnption
min feet fYft fusee cfs
50 Direct Entry, DRAINAGE AREA
Subcatchment 1S: AREA OUSIDE OF LOT 6
Hydrograph
i
P 66 cis
s -Ty-pe- III 24-hr
Rainfall =9.00"
7 �} runoff Arecl=1.000 �c
Runoff Volume=0.630Taf
h T Rdnoff IDIe'pth=7-'6r
4 T1c=S;0 min
f
i k r r
2 { $ r
1 1
a 9 10 11 12 13 14 15 16 17 15 19 20
Time ihwrs)

03035 WALGREENS Type IIf 24-hr Rarnfaff =9 00"
Prepared by Andrew & Kuske Consulting Engineers, Inc Page 4
H droCADV 7 00 s/n 000479 01986-2003 Applied microcomputer Systems 10/15/03
Pond 1P: INFILTRATION SYSTEM
Inflow Area = 1 000 ac, Inflow Depth = 7 56"
Inflow =
8 fib cis
12 07 hrs, Volume=
0 630 of
Outflow =
4 92 cfs aG�
12 19 hrs, Volume=
0 630 af, Atten= 43%, Lag= 7 4 min
Discarded =
2 00 cfs @
1175 hrs, Volume=
0 540 of
Primary =
4 24 cfs @
12 19 hrs, Volume=
0 090 of
Routing by Stor-Ind method, Time Span= 5 00-20 00 hrs, dt= 0 05 hrs
Peak Elev= 45 76' @ 12 19 hrs Surf Area= 1,356 sf Storage= 4,192 cf
Plug -Flow detention time= 9 5 min calculated for 0 630 of (100% of inflow)
Center -of -Mass det time= 9 4 mm ( 752 2 - 742 8 )
#_ Invert
Avail Storage
Storage Description
1 42 50'
4,497 cf
Custom Stage Data (Prismatic) Listed below
Elevation
Surf Area
Voids
Inc Store
Cum Store
(feen
_ (sq-ft)
(%)
(cubic -feet)
(cubic -feet)
4250
4,000
447
0
0
4300
4,000
447
894
894
4350
4,000
447
894
1,788
4400
4,000
447
894
2,682
4450
4,000
447
894
3,576
4460
80
1000
204
3,780
4550
80
100 0
72
3,852
4500
2,500
1000
645
4,497
# Routing Invert Outlet Devices _
1 Discarded 0 00' 0.030000 fpm Exfiltration over entire Surface area
2 Primary 44 0V 12.0" x 15.0' long Culvert Box, headwall w13 square edges, Ke= 0 500
Outlet Invert 43 90' S= 0 0067 T n= 0 012 Cc= 0 900
Discarded OutFlow Max--2 00 cfs Q 1175 hrs HW=42 55' (Free Discharge)
t--1=Exfi1tration (Exfiltration Controls 2 00 cis)
Primary OutFlow Max-4 23 cfs @ 12 19 hrs HW=45 76' (Free Discharge)
t--2=Calvert (Barrel Controls 4 23 cfs @ 5 4 fps)

h
03036 WALGREENS Type I// 24-hr Ra►nfa!l=9 00"
Prepared by Andrew & Kuske Consulting Engineers, Inc Page 5
HydroCAD® 7 00 s/n 000479 ® i 986-2003 Applied Microcomputer Systems _ _10/15/03
Pond 1P: INFILTRATION SYSTEM
Hydrograph
66 s f © innow
8
© oumm
1n#1aw Area=�1.000 I © mod
© Nff y
{PeA Elei=45.76'
r zr Storage=4,492 d
7
4 02 efs
I < L L = i i r _ i i i
I
4 24 cis
i 4-
2
.. i
T
5 B 7 a 9 10 11 12 19 14 15 1e 17 18 19 20
Time (houm)