SW8980817_Historical File_20000712

- ate of North Carolina
Department of Environment
And Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
Mr. Jeffrey L. Zimmer, LLC Administrator
ZP NO. 72, LLC
PO Box 2628
Wilmington, NC 28402
Dear Mr. Zimmer:
9 7
NCDENR
NORTH CAROLINA, DEPARTMENT OF -
ENVIRONMENT AND NATURAL RESOURCES
July 12, 2000
Subject: Permit No. SW8 980817 Modification
Gateway Plaza
High Density Stormwater Project
Onslow County
The Wilmington Regional Office received a complete Stormwater Permit Name/Ownership Change Form for
Gateway Plaza on June 26, 2000. Staff review of the plans and specifications has determined that the project, as
proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Pen -nit No. SW8 980817 Modification dated July 12, 2000, for the construction of Gateway Plaza.
This permit shall be effective from the date of issuance until September 8, 2009, 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
adj udicatory hearing upon written request within thirty (30) days following receipt nftl2s permit. This request must
b4 in t1i, form of a written petition, conforming to Chapter 150B of the North C`aw ina General and 51ed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Noelle Lutheran,
or. 1n.p at [phone].
sinct-TI-J ',
J.-aia /9Z64-- If
Rick Shiver
Water Quality Regional Supervisor
RSS/nml: S:\WQS\STORMWAT\PERMIT\980817.RR,
cc: Fred Cone, P.E.
Noelle Lutheran
Wilmington Regional Office
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State Stormwater Management Systems
Permit No. SW8 980817 Modification
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 ofArticle 21 of Chapter 143, General Statutes ofNorth Carolina as amended, and
other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
ZP NO. 72, LLC
Gateway Plaza
Onslow 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 ronsidered a part of this permit.
This permit shall be effective from the date ofissuance until September 8, 2009 and shall be subject to the following
specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respe,_�t 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
1,387,173 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.
2

State Stormwater Management Systems
Permit No. SW8 980817 Modification
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
Application Date:
Water Body Receiving Stormwater Runoff:
Classification of Water Body:
If Class SA, chloride sampling results:
Pond Depth, feet:
Permanent Pool Elevation, FMSL:
Total Impervious Surfaces, ft2:
Outparcels, W
Future, ft2
Offsite Area entering Pond, ft2:
Required Surface Area, ft2:
Provided Surface Area, ff:
Required Storage Volume, fta:
Provided Storage Volume, fta:
Temporary Storage Elevation, FMSL:
Controlling Orifice:
Gateway Plaza
SW8 980817 Modification
Onslow County
Mr. Jeffrey Zimmer, LLC Administrator
ZP NO.72, LLC
PO Box 2628
Wilmington, NC 28402
August 17, 1999
Mill Creek / (WHO 19-9)
"SC NSW"
n/a
6
40.5
1,3 87,173
83,140 G 00% cif lot area)
127,933
None, per Engineer
80,093
82,700
110,574
118,346
41.85
44 pipe
3

State Stormwater Management Systems
Permit No. SW8 980817 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 except roads.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
3. All connections into the stormwater system from future areas/outparcels shall be made such that short-circuiting of
the system does not occur.
4. 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 side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
5. 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.
6. Decorative spray fountains will not be allowed in the stormwater treatment system.
T 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.
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this
permitted facility, a certification must be received from an appropriate. designer for the syste�-i installed certifying
dial the perm_=Led -r�:ci1hy has been insta l;,,' b, aeco.rl �r ce T�itl� axis fermi:, the approved plane and spe ificatians,
and other supporting documentation. Any deviations from the approved plans and specifications must be noted on
the Certification.
9. 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.
10. Prior to the sale of any portion of the property, 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 of any portion of
the property.
11. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon
area.
4

State Stormwater Management Systems
Permit No. SW8 980817 Modification
12. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to
operation as a stormwater treatment device, and prior to occupancy of the facility.
13. Each outparceI has been accounted for at 100% built -upon area in the pond design. The development on each
outparcel must be permitted through the Division of Water Quality -Stormwater under the offsite permit, prior to
construction on that outparcel.
14. The built -upon area amount includes any built -upon area constructed within the property boundaries, and that
portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
15. In order to maintain compliance with the permit, the following deed restriction statements must be recorded with the
Register of Deeds Office:
a. "The runoff from` all built -upon area on the outparcel and future development area must be directed into the
permitted stormwater control system."
b. 'Built -upon area in excess of the permitted amount will require a permit modification."
"The connection into the stormwater control shall be made such that short-circuiting of the system does not
occur."
14. A copy of the recorded deed restrictions must be submitted to the DWQ within 30 days of the date of the recording.
The recorded copy must be signed by the permittee, dated, stamped with the deed book number and page, and bear
the stamp of the Register of Deeds.
15. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision of the project area.
or piping of any vegecative conveya=e shown on the approved plar.
16. The Director may determine that other revisions to the project should require a modification to the permit.
17. The Director may -notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time
schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies
of revised plans and certification in writing to the Director that the changes have been made.
5

State Stormwater Management Systems
Permit No. SW8 980817 Modification
M. GENERAL CONDITIONS
1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name
change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied
by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate.
The approval of this request will be considered on its merits and may or may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement
action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-
215.6C.
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 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.
Permit issued this the 8th day of September, 1999.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
ec�6uy' � ---
Kerr T. Stevens, Director
;r QLr).1ity
By Authority of the Environmental Management Commission
Permit Number SW8 980817 Modification
2

W.�
F33
Date Received . Fee Paid Permit Number
—Z --
Z 4
1 ��—,4wzj cy. ---di
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORM WATER MANTAGEMENT x DER JIT APPLYCE" TIO1VT FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Zimmer Development Company
2. Print Owner/Signing Official's name and title (the person who is legally responsible for the facility and
its compliance):
Jeffrey Zimmer, President - Zimmer Development Company
3. Mailing Address for person listed in item 2 above:
111 Princess Street
y Wilmington State: NC zip: 28402
Telephone Number ( 910 1 763-4669
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
5. Location of Facility (street address):
• -• •WIMM•. • . • 1 :• •
6. Directions to facility (from nearest major intersection):
_located at the intersection of Gateway South and NCSR 1470 (W stern go, evard)
in the city limits of Jacksonville. N
7. Latitude: 34047' 09" 77°24' 15 of facility
8. Contact person who can answer questions about the facility:
Naas_ John L. Pierce Surveying Telephone Number: (_ 910 ) 46-980
II. . PERNIIT INFORMATION:
1. Specify whether project is (check one): _XX_Nevw Renewal Modification
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list
the e&EnS permit number N49 and its issue date (if known)
Form SWU-101 April 1998 Page 1 of 4

Low Density xX High Density Redevelop General Permit Other
4. Addiiional'Project Requirements (check applicable blanks):
CAMAMajor X_Sedimentation/Erosion Control 404 Permit
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
wet detention pond designed for 90% T.S.S. removal
2. Stormwatw runoff from this project drains to the River basin.
3. Total ProjectAxea: 37.4 acres .
5.. How many drainage basins does the project have? 1
4. Project Built Upon Area: 8 q %a
6. Complete the following information for each drainage basin- If there are more than two drainage basins in
the project, attach an additional sheet with the information for each basin provided in the same format as
below .
.•-•._. _
nB
a. - ••
222,100 s.f.
..,. -,... nf.xexxx. x.wx.oex Ax i .: xia.
on -sate Streets F(,t1U le
121 9 33
On -site P
(On -site Sidewalks
32,000
Other on -site CoOP 0 I(x) 0
3140 . f�.
off -site
-0-
Total:
7_= 1 387 -173
E_
linvervious area is defined
as the bua7i uxic area iiw_hidi-nQ• hut wnt lhrrifrd tn_ hin7diw c rnnde -na-p
arms,, sidewalks, gravel areas, etr-
1
V. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
:)eed restrictions and protective covenants are required to be recorded for all low density projects and all
-abdivisions prior to the sale of any lot. Please see Attachment A for the specific items that must be recorded. -
`'NOTE: Out parcels are designed for 100% impervious area. No deed restriction required.
xm SWU--101 April 1998 Page 2 of 4

01/25/1999 14:30 910-346-1210 JOHN L PIERCE P9GE 04
By your signature beloty, you certify that the recorded deed restrictions and prawthre crweronts for dlis project
shall include all the items required by the permit, that the covenants will be! bi: ding o:rn all parties and persons
clainft under theme, that they will run with the land, that the required covenants. (mmaot be changed or
deleted without concurrence from the State, and that they will be recorded ;prior to -the safe of any lot-
V
. AGENT AUTHORIZATION
If you, wish to designate submittal authority to another individual or f -.at so that they may provide
infornnation on your behalf, please complete this section: ` t .
Dmig rameda6v%ttrzn ividualorirmM) John L. Pierce SurveyinQ __ — __
Mai* .0- Box 1695----------- __ _
afy; gacksonvf Ile State„ •- NC --• :
; _-_. . 28540
Phom (910 ): 346; 96Li0----- _.. _._ ..- -- Fsu►: �.. l� Q !`i 7 1Q__
VL . SUBbn.T,TAL REQUUMMENTS
This, application package will not be accepted by the Division. of Water (duality uniless all of; the applicable
items are inrJuded ivfth the submittal.
1. Please htdicate that you have provided the following required information by signing your initials in the
space provided next to each item.
Applicant's Initials
* Qtxgxtnal and one copy of the Stormwater Management PRxutit Application Form -r�
* One copy of the applicable Supplement Form(s) for each I3MP (see At mchment A ] -
* Permit application processing fee (see Attacitutent A)
• Two copies of plans and specifications including
* Detailed ziarratrve description of stormwater treatmentImanagement
Two copies of plans and specifications, including:
- Developrnerd/Project name
- Engineer and Ezm
-Legend
-.North iirrow
Scale
Revision number & date
- Mean high water line
- Dimensioned property/project boundary
Location map with named streets or NGSR numbers
Origixeal contours, proposed contours, spot elevations, finished flaor elevations
Details of roads, parking, cul-de-sacs, sidewalks, and curb and granter
-Wetlands delineated, or a note on plans that none exist
EA" drainage (including off -site), drainage easements, pipe sizm, runoff calculations
- Drainage basins delineated
Vegetated buffers (where required.)
VIL APPLICANT'S CERTMCATION
i, (pdrif or W mmm of pewn listed in C,e aeraI lnfarmation, item 2) _ e Ff rear Z:i rnm i Pros i dent
certify that the information included on this permit application .fwm is correct, that the project will be
constructed in conformance with the approved plants, that the deed restrictions in accordance with Attachment
A of this fornY will be recorded with all required permit conditions, and that to the best of my knowledge the
proposed project c=9li:s with the n qukrements of 15A NCAC 21.1000.
lxtk� f 6-- 2:iE
Farts 9WU-101 April 1998 Page 3 of 4
61-25-99 14:29 RECEIVED FROM:910 346 1210 P-04

ATTACHMENT A
1. Deed Restriction Language
The following statements must be recorded for all low density projects and for all projects that involve the
subdivision and selling of lots or outparcels:
1. No more than *N8. square feet of any lot, including that portion of the right-of-way between the
edge of pavement and the front lot line, shall be covered by impervious structures including
asphalt, gravel, concrete, brick, stone, slate or similar material. but not including wood decking or
the surface of swimming pools. This covenant is intended to insure continued compliance with the
stormwater permit issued by the State of North Carolina. The covenant may not be changed or
deleted without the consent of the State.
2. No one may fill in, pipe, or alter any roadside Swale except as necessary to provide a minimum
driveway crossing.
NOTE: If lot sizes vary significantly, the owner/developer must provide an attachment listing each lot
number, size and the allowable built -upon area for each lot.
For commercial projects that have outparcels or future development the following statements must also be
recorded:
3. The connection from the outparcel or future area into the stormwater system must be made into the
forebay such that short-circuiting of the system does not occur.
4. All built -upon area from the outparcel or future development must be directed into the permitted
stormwater'control system.
5. Built -upon area in excess of the permitted amount will require a permit modification prior to
constriction.
For curb outlet systems, the following statement in addition to items 1 and 2 above must be recorded:
6. No one may pipe, fill in or alter any designated 100 foot Iong grassed Swale used to meet the
requirements of NCAC 2H .1008(g).
2. Supplement Forms
The applicable supplement form(s) listed below must be submitted for each BMP specified for this project:
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Nutrient Management Strategy Supplement
3. Permit Application Fees (check made payable to NCDENR and submitted to the appropriate Regional
Office)
Type of Permit
Low Density
High Density
Other
Director's Certification
General Permit
New, Modification, or
Late Renewal
$225
$385
$225
$350
$50
Timely Renewal Without
Modification
n/a
$225
n/a
n/a
n/a
Form SWU-101 April 1998 Page 4 of 4

Permit No.
(to be provided Fy DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPP�EMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan —submittal includes a wet detention basin supplement for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a signed and
notarized operation and maintenance agreement.
I. PROJECT INFORMATION (please complete the following information):
Project Name : Gateway Plaza
Contact Person: John L. Pierce Surveyiha Phone Number: ( 910 ) 346-9800
For projects with multiple basins, specify which basin this worksheet applies to:
Basin Bottom Elevation
Permanent Pool Elevation
Temporary Pool Elevation
34.50 ft.
40.50 ft.
41.85 ft.
Permanent Pool Surface Area 82, 700 sq. ft.
Drainage Area
Impervious Area
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
SA/DA1 used
Diameter of Orifice
Design TSS Removal
36.00 . ac.
--=-•off .
276,508 cu. ft.
92,628 cu. ft.
70,602 cu. ft.
5.14
4 in.
90 %
II. REQUIRED ITEMS CHECKLIST
(average elevation of the floor of the basin)
(elevation of the orifice)
(elevation of the discharge structure overflow)
(water surface area at the orifice elevation)
(on -site and off -site drainage to the basin)
(on -site and off -site drainage to the basin)
(combined volume of main basin and forebay)
(volume detained above the permanent pool)
(surface area to drainage area ratio)
(85% TSS removal required, see item k below)
The following checklist outlines design requirements per the Stormwater Best Management Practices manual
(N.C. Department of Environment; Health and Natural Resources, November, 1995) and Administrative 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 Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Form SW -lot Rev 1/August 1998 Page 1 of 3

` glicants Initials
a. The temporary pool controls runoff from the 1 inch storm event.
A LC b. The basin length to width ratio is greater than 3:1. `
'ZI c. The basin side slopes above the permanent pool are no steeper than 3:1.
d. A submerged and vegetated perimeter shelf at less than 6:1 is provided (show detail).
J_Z_ e. Vegetation above the permanent pool elevation is specified.
fl An emergency drain is provided to empty the basin. '(PORTABLE PUMP) **
J -,z, g. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
h. The temporary pool draws down in 2 to 5 days.
i. A trash rack is provided for both the overflow and orifice.
J tf�, j. The forebay volume is approximately equal to 20% of the total basin volume.
J�t_ k. Sediment storage is provided in the permanent pool.
N/A 1. A 30400t vegetative filter is provided at the outlet2 (include erosive flow calculations)
,.3 z- m. Recorded drainage easement for each basin including access to nearest right-of-way.
J n. A site specific operation and maintenance (O&M) plan is provided.
> o. A vegetation management/mowing schedule is provided in the O&M plan.
_1 z.p. Semi-annual inspections are specified in the O&M plan.
J q. A debris check to be performed after every storm event is specified in the O&M plan.
. r. Specific clean -out benchmarks are specified in the O&M plan (elevation or depth).
c— s. A legally responsible party is designated in the O&M plan3 (include name and title).
If the basin is -used for sediment and erosion control during construction, clean out of the
basin is specified to be performed prior to use as a wet detention basin.
Footnotes:
I When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 The requirement for a vegetative filter may be waived if the wet detention basin is designed to meet 90% TSS removal.
3 The legally responsible party should not be. a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president
M. WET DETENTION BASIN OPERATION AND MAINIENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, forebay, non-integrated pretreatment
systems (pretreatment other than forebays), and the vegetated filter if one is provided.
This system (check one) ❑ does Woes not incorporate a vegetated filter.
This system (check one) ❑ does Odoes not incorporate non-integrated pretreatment.
Maintenance activities shall be performs as follows:
1. After every significant runoff producing rainfall event and at least monthly:
Form SWU-102 Rev 1/August 1999 Page 2 of 3

01/25/1999 14:30 910-346-1210 JOHN L PIERCE PAGE 02
a. Inspect the wet detention basin system for sediment accumulation, erosion., trash a(:ciimulation, grass
cover, and general condition.
b. Check and clear the orifice of any. obsft unctions such that drawdovvm of the temporary pool occurs within
2 to 5 days.
2. Repair eroded areas immediately, re -seed as necessary to maintain, good vegetative covew, mow vegetative
cover to maintain a maximum. Height of six inches, and remo V� trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swaI,es, ripr�a.p, etc.) quarterly to maintain
proper £motioning.
4. Remove accumu.Iated sediment from the wet detention basin system semi,-,srinually or when depth is
reduced to 75% of the original design depth. Removed sediment shall be di-q;*sed of in an appropriate
man= and shall not be handled in a manner that will adversely impact water quality (Le. stock -piling neat a
wet detention basin or stream, etc.).
The original design depth is;� 6
The sediment removal benchmar tT is: 4.5'
5. Remove cattails and other indigenous wetland plants when. they oover '75% of the basin surface. These
plants shall be encouraged to grow along the basin perimetcr.
6. If the basin muss be drained for an emergency or to perform nmaii tenance, the ilashing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the pedbrmance of the above
maintenance procedures. I agree to notify DWQ of any problems with. the. system or changes in the name of the
project, responsible party, or address.
Print name: Jeffrey Zimmer
Address: 111 Princess Street, Wilmington, NC 28 02
Phone: [phone]
Title: --------
Signature:
Date:
I, /L/ct iAM oA1 , a Notary Public for the State ofL✓r' �ii elrv�r.✓¢.
County of �g 6v,[ do hereby certify that _ e/ 6E/f Ems, 2.m�_ &
Personally appeared before me this �� day of c%g 19 9_9�, and acimowledge the
due execution of the forgoing infiltration systemmaintenance requirements. Witaecss my hand and official seg
My commission expires
Form SWU-lot
01-25-99
Rev l/A;ugust 1998
14:31
Page 3 of 3
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RECEIVED FROM:910 345 121.0
P-08

Apt-16-2000 TUE 03:21 Ali EASTWIND ENGINEERING
29103429141 P.00=%003
State of North Carolina
Department of Envilrolament
and Natural Resources
Wil)391 gtoa Regional Office
James B. Hunt. Jr., Governor
Wayne McDevitt, Secretary
Division of water Quality
WATER QUALITY SECrION
�AL
r �
+.r.p-•w..v-
NCDEN
No" GwouNw D�rnrs,rr or
FJ4V1RCWmcwr wwa NAR ma&- RvAowncFA
L CJMUNPERWr i'nRM,ATT :
Stwmwater Mnnagem=t Permit Number. SW8980817 Modification
1- Permit Holder's name: Zimmer Development Company (nka Zimmer Management Company)
2. Permit's signing official's name and title: Yerr T .— te*&R -S&MW
(person lepally responsible for permlo
Uwe)
3. Mailing address: ill Princess Street City: Wilmington
State: NC Zip Code: 28401 Phone: [phone] FAX [phone]
(Area Cotle and Number) (Area Codo no Nwnber)
IL NXW OW1NIfIMAM2 D&ORMATION
1. This request is for:
X a. Change in ownership of the proporry/company
b. Name change of project or company.
c. Other (please explain):
2. Now owner's name (name to be put on permit): ZP NO. 72, LLC, a North Carolina limited liability
company
3. New owner's signing official's name and title: Jeffrey L. Zimmer
(Pexan legally mpoulble for ponlo
LLC Administrator
mda)
4. M&ilingaddres9' Post Office Lox 2628 City- Wilmington
Stan: NC Zip Code: 28402 Phonc: (910) 763=4669� PAX (910) 76 -0379
(Area Code and Nw her) (Area Code and Nwnber)
94-18-99 08:21 TO:ZDC F'RON:9163429141 P92

.FP18-20DO HE 00:21 AM EASTWIND ENGINEERING 19103409141 P.
PERMIT NAMEIOWNERSHip !E ANQR FQM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITy
UNLESS ALL OF THE APPLICARX.E ITEM IMTED BELOW ARE INCLUDED WITH THE SUBMJr1TAL.
REQUIRED ITEMS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The engineer's certification, if required by the perm it. '
5. A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership.
CERTIMCATION bdYr. T BE COPOLETED AND SIGNED BY BOTH TBE CURRENT PERMT HOLDER AND
THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERS'.
FOR NAME CH'ANGXS, COBIPLETE AND SIGN TB E CURRENT PE)[iAt1rSTYA'S CER'I XnCATION.
Current Permittee's Certification:
President of Zimmer Management Company (fka Zimmer Development Company)
1, Jeffrey L. Zimmer, �„ attest that this application for a name/ownership change has been reviewed and
is accurate and complete to the best of my knowledge. I understand that if all required parts of this applieatiion arc not
completed and that if all wired supporting information and attachments am not included, this application package will be
rcturnod as incomplete, ,
Date: 6/ ; 3 fI In
Jeffrey 11. 10ZImmerl,/ President
Applicant's Certification:
LLC Administrator of ZP NO. 72, LLC, a North Carolina limited liability
I, Jeffrey L . Zimmer, company , attest that this application for a name/ownorship change has been reviewed and
is accurate and complete to the but of my knowledge. i understand that if all required parts of this application are not
completed. and that if all 7Li
supporting information and attacbrnents arc not included, this application package will be
returned as incomplete.
ZP NO. 72 ^^ (�
Signature: B Date: 6 I dV O t/
T
Jeffrey ]�.i�lme►r, LAC Administrator
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING 1NFQRMA7I0N AND MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extention
Wilmington, NC 28405
AWN: Linda Lewis
64-16-66 98:21 TO:ZDC FROM:9193429141 P63

RECEIVED
,
ZIMMER DEVELOPMENT COMPANY, EEC JUN 2 6 2000
REAL ESTATE DEVELOPERS BY.
III PRINCESS STREET • P.O. BOX 2628 • WILMINGTON, NORTH CAROLINA 28402 • 910-763-4669 • F 379
June 21, 2000
Via: United Parcel Service
Ms. Noelle Lutheran
NCDENR
127 Cardinal Dr. Ext.
Wilmington, NC 28405
Re: Coastal Stormwater Permit Name / Ownership Change Form
Dear Ms. Lutheran,
Enclosed are the following documents to complete the Ownership Change Form for the
storm water permit for Gateway Plaza in Jacksonville, NC:
1. The completed change form
2. Legal documentation of the transfer of ownership
3. Copy of the recorded 2nd Amendment to the Target OEA
4. Engineer's Certification
5. Signed Operation and Maintenance Plan
If you require any further information to complete this transaction, please call me at
Zimmer Development Company at [phone].
Si cerely,
4 ,
Carrie J. Boy
Loan Closing Coordinator
cc cover letter: Mark Hargrove
Rob Ballard
Richard Collier
Marita Davis

10:42 ZDC
ID=9102544734
Ve
P.O. Box 2628
Wilmington, NC 28402
Voice: 910-763.4669
Fax: $I D-763-0379
F"Amx
11W. Noelle Lutheran prom. Carrie Boyle
Iran: [phone] Pages: 10 induding cover page
Phone. [phone] Data 06/14/00
Re. 2nd Amendment to OEA CC.
❑ Urgent ❑ For Review ❑ please Comment ❑ Please Reply ❑ please Reayde
Tease see attached letter

06-14-99 10:42 ZDC
I I
ID=9102544734 P02/10
ZIMMER DEVELOPMENT ComPANY, LLC
JRr,.s.. E13rATE DZVBT-0PE-HS
III PRINCESS STREET • P.O. BOX 262E • WILMINGTON. NORTH CARQLINA 28402 • 910-763.4669 • FAX [phone]
June 14, 2000
VIA: Fax
Ms_ Noelle Lutheran
NCDENR
[phone]•
[phone] fax
Dear Noelle,
Attached is a recorded copy of the Second Amendment to the Target OEA at Gateway
Plaza in Jacksonville, NC- I apologize for the delay in getting this document to you. If
you need any thing else or would prefer that I also send you a recorded copy in the mail,
please let me know. My direct phone number at Zimmer Development Company is
[phone].
Sincerely,
OAA-a
Came J. Boy
RECEIVED
Jum, +. A 206a
DWQ
PROD #

86-14-89 18:42 ZDC
06-13-2000 03:52PPl FROM W M D & C LAW OFFICES
SrATE: OF *6RTki r�AWLJJ4A
COLINTY�otb4tow
is
ID=9102544734
TD
BOOK 9" vac2 ari
D 41
—Am FASO=. AGREEMENT
lMLT-Mw'R&TM HUDSON ANDZPNO_ ILIM
'_rMAYPW.,i%ZA
"TM$StCdiD.'A.U.E'H-DMENrTOOPMTMAMEASEbENT'Act (,-Scomd
Amen4c90 E49d Mund info this the -L-*- &w of 20M TAkOU.CORPOMTfON, wa DAMN MAA'0]4'-00RP:0RATMl,4aW=H'sft on (Wrwgcol iand!�ftlZP NOL 72, LLr, a
YR—
IN l®r* Chrolf"'. lhnrired IWKUty =mpmy (berenta�a Seib, todsthe "DrMoper").
WITNESSEM
To" :wd Deudopca esawished im Ojecafma'and 'Essevil cA; 'gain
of
the
Onslnar ally omad an January 13, 1"9 seal in Book 15% of
Rai ry, as=Ieridad by that Amendment w operaticsaza' E& -daWqj�mem Ageme
ocw*l 999'and'! iC +daz Book 1595 at ftee 327-*flhcQ=fbw C=W Be jr, and
.!:WMXEA& Slaft &*Mwww MaMSMat pamg No. swe M317 Mbatefift
{tho "hermit"}
Wes` G1 J4�0W0vhich;is -Wa&ad hereto wfthM W and k=PWRMA
Ag IFER AAq 1 and Dm*pw de dn to aw=d the 01FA to 1;1113"
4w the
PMpaW-P'v ""'w by OXA to safey Mmwaw rMMMMS 4 *r Now 11cminum *D--,Mr =i'mr.of
EiLNinn -an�d.NiCe21PAsmrc='and tosatisfy cmdW=s of the PdMiL
hEFOM-in cundderalkn Of the faming and G&er whable totmidexat die
V!
a-'Autubw1kim a-buihupcn MM on the Pmpenygovemed bythe 00A
mi bkftecibidvAothe =mwaur WOW SWMm aspemmadbyWePermit.
.04-uPft a6z in amw of the =Wunt permit:ed by tha N=ft'wM
rewire a Permit
t6.
.1* connect
PC SYR am not oc=.
j:
baxfto-ackm*vY� sad agree *Aat the -pamit.my,*`
to reflex a
b -2, q�cf the persnMes 2= rMuner DeMcipment Company to ZP No. 7 LLC
IN, &e parties
hW= ftVe If&
F-MONY fssdvaerrt to be Oppey
axemed.bylls d gnadied OEM dais --U+ day of Q!t, 2M.
05-13-89 15:57
Cam.
TO;ZDC FRAM ;l
P83/10
Pei

06-14-00 10:42 ZDC ID=9102544734 P64/10
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.77
a6-13-aa 15e57 TO: ZDC
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06 44-00 16:43 ZDC ID=9102544734 P05/10
05-13-2000 03:54PM FROM W M D S C LAW OFFICES TO 19102544'7---4 F•_Ia-,
BOOK .i. fi a 5 sec�mw�ma, ,mt s v
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5 3
° DIMON OF WATER OLALM
PROJECT DMION DATA sT
'.
P eCt Tana : i , S t nifty A=
Pa {tAt�b�' j 9W89=17ModftWcm
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1 Wiimiagta�,11C 29401
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Za�Flmp�vlo ry 1 1,397;173 I
M,140(1001A oilo! area)'
�atiae, i° 127,933
O$si�e Airar; 8': Naze, per Eagezetc
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Plod ed'SAr. t 92,700
'�:�;y: 1l4,5tA
provtd°St41J
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96-13-A6 15:59 TO-.ZDC'�
FROM:i 918 455 4792 P@4

06-14-06 16:43 ZDC ID=9102544734 P67/10
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36-13-06 15.59 TO:ZDC FROM11 910 455 47612 P95

06-14-00 10:44 ZDC ID=9102544734 P08/10
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FROM:b 918 455 4782 Pee

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96-13-se 16:91 TO:ZDC
to be
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TOTAL P.OB
FRoW:i 310 455 4792 pea

BOOK 1.982wiCF ��o
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW M JU% — b AM 10-- 4 {
THIS SECOND AMENDMENT TO OPERATION AND EASEMENT AGREEMENT ("Second
Amendment") made and entered into this the Li*_ day of a2000 by TARGET CORPORATION,
fWa DAYTON HUDSON CORPORATION, a Minnesota corporation ("Target') and ZP NO.72, LLC, a
North Carolina limited liability company (hereinafter referred to as the "Developer').
WITNESSETH:
WHEREAS, Target and Developer established an Operation and Easement Agreement
(hereinafter "OEA") finally executed on January 13, 1999 and recorded in Book 1516 at Page 944 of the
Onslow County Registry, as amended by that Amendment to Operation and Easement Agreement dated
October 21,1999 and recorded in Book 1595 at Page 327 of the Onslow County Registry; and
WHEREAS, State Stormwater Management Permit No. SW8 980817 Modification (the "Permit')
was issued by the State of North Carolina Department of Environment and Natural Resources, Division of
Water Quality, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference.
WHEREAS, Target and Developer desire to amend the OEA to place certain covenants upon the
Property governed by the OEA to satisfy stormwater regulations of the North Carolina Department of
Environment and Natural Resources and to satisfy conditions of the Permit.
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the
parties agree and provide as follows:
1. The runoff from all built -upon area on the Property governed by the OEA
must be directed into the stormwater control system as permitted by the Permit.
2. Built upon area in excess of the amount permitted by the Permit will require a Permit
modification.
3. The connection into the stormwater control shall be made such that short-circuiting
of the system does not occur.
Further, the parties hereto acknowledge and agree that the Permit may be modified to reflect a
change of the permittee from Zimmer Development Company to ZP No. 72, LLC.
IN TESTIMONY WHEREOF, the parties hereto have caused this instrument to be properly
executed by its designated officer this _1,&3r day of l &y, 2000.
Z VA* -
[SIGNATURE AND ACKNOWLEDGEMENT PAGES FOLLOW]

BOOK . 6 3 . PACE 2 1
ZP NO. 72, LLC, a North Carolina limited
liability company
By.
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, Pla pyt!j. gp 2ar16,w j�j; a Notary Public for the said County and State, do hereby
certify that Jeffrey L. 7 mm personally appeared before me this day and acknowledged that he is the LLC
Administrator of ZP No. 72, LLC, a North Carolina limited liability company, and that by authority duly
given and the act of the corporation, the foregoing instrument was signed in its name by its LLC
Administrator.
Tuw-L
WITNESS my hand and official stamp or seal, this day of 2000.
�'
'ROTAF?y
PUBLIC ;
My Commission Expires:
Nor Commission Expims Apra s, 20"
2

:ir. �aL• 'r,•:ia,.• �.iti :.,•.IrJ+u
BOOK ].6 3) PACE 25 2
STATE OF NORTH CAROLLhA
Srare Stormwarer Management Sysrems
Permit No. SW8 980817 Modification
DEPART-MRIN"T OF ENYMON V ENT AND NATUIL&L RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
SIGH DENSITY DEVELOPMV—VT
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 XdMB'Y GR NTTM TO
Zimmer Development Company
Gateway Plaza
Oxslow County
FOR =
constriction, operation and maintenance of a detention pond in compliance with the provisions of ISA NCAC 214.1000
(hereki'=- referred to asthe °stormwaterrules') andthe approved stormwater rr inagement 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 bate of issuance until September 8, 2009 and shall be subj eetto the following specified
conditions and limitations:
L DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described is 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 1,3 87,173 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 limiied to the amount ofbuilt upon area indicated on page 3 of this penuit, and per approved plans.
2
94-17-99 16:33 TO:ZDC FROM:9193429141 P03

�� ?I)l G: _ _ Fi:I EPH"hIND LI :ItIEiF;It3.w
State Stormwater Management Systems
Permitivo. SW8 980817 Modification
eo0K 16 3 2 PAcE 253
DIVISION OF WATER QU-&MY
PROJECT DESIGN DATA SHEET
project Name:
Gateway Plaza
Permit Number:
SW8 980817 Modification
Location:
Onslow County
Applicant;
Mr. Jeffrey Zimmer, President
Mailing Address:
Zimmer Development Company
111 Princess Street
Wilmington, NC 28401
Application Date:
August 17, 1999
Water Body Receiving Stormwater Runoff:
Mill Creek / (WHO 19-9)
Classification of Water Body-
"Sc NSW"
If Class SA, chloride sampling results:
nla
Pond Depth, feet:
o'
Permanent Pool Elevation, FMSL:
40.5
Total Imperviow Surfaces, fta:
1,387,173
Outparcels, ft2
283,140 (100% of lot area)
Future, ft,
127,933
Offshe Area entering Pond, fi :
None, per Engineer
Required Surface Area, i1a:
80,093
Provided Surface Area, ft':
82,700
Required Storage Volume, It':
110,574
Provided Storage Volume, f&:
119,346
Temporary Storage Elevation, FMSL:
41.85
Controlling Orifice:
44 pipe
41
04-17-00 15:34 TO:ZDC FROM:9103429141 PO4

-_-- T,lri T 11 = id Ti'C r,. r TAT-M4'T
1".1 id ii7: _ i Pt�. L.'S"Ti��iirL I- V11'11i L1.i �.
BOOK
U. SCHEDULE OF COWLIANCE
State Stormwater Management Systems
Permit No. SW8 980817 Modification
2'5 4
1. The srormwater management system shall be constructed in its entirety, vegetated and operational for its intended
use prior to the construction of any built -upon surface except roads.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
All connections into the stormwater system from future areas/outparcels shall be made such that short-circuiting of
the system does not occur.
4. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater
system functions at optimum efficianoy. The approved Operation and Maintenanoe 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.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
q. Access to the outlet structure must be available at all times.
5. 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.
6. Decaaadve spray fountains will not be allowed in the stormwater treatment system.
7. 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 ofthis penuit, the approved plans and specifications, and
other supporting data.
8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this
permitted facility, a certification must be received from an appropriate designer for the system installed certifyu".g
that the permitted facility has been installed in accordance with this permit, the approved plans acid specifications,
and other supporting documentation. Any deviations from the approved plans and specifications must be noted on
the Certification.
9. A copy of the approved plans and specifications shall be maintained on file by the Permitter, for a minimum of ten
years from the date of the completion of construction.
10. Prior to the sale of any portion ofthe property, an access/maintenance easemerre to the stormwater facilities shall be
granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale of any portion of
the property.
11. Thepermittee is responsible forver3 Ogthatthe proposed built -upon area does not exceed the allowable built -upon
area.
12. if the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to
operation as a stormwater treatment device, and prior to occupancy of the facility.
4

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QFix:'.} - - - -'-
Stare STOrmWattX Management Systems
Permit'No. SW8 980817 Modification
BOOK 1. 6 3 2 PAGE 2 5
13, Each outpareel has been accounted for at 100% built -upon area in the pond design. The development on each
outparcel must be permitted through. the Division of Water Quality-Stonnwater under the offske permit, prior to
construction on that outparcel.
14.The built -upon area amount includes any built -upon area constructed within the property boundaries, and that
portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
15. In order to maintain compliance with the permit, the following deed restriction statements must be recorded with the
Register of Deeds Office:
a. "The runoff from all built -upon area on the outparcel and fumre development area must be directed into the
permitted stormwater control system."
b. "Built upon area in excess of the permitted amotn.t will require a permit modification."
c. "The connection into the stormwater control shall be made such that short-circuiting of the system does not
occur."
14. A copy of the recorded deed restrictions must be submitted to the DWQ within 30 days of the date of the recording.
The recorded copy must be signed by the permittee, dated, stamped with the deed book number and page, and bear
the stamp of The Register of Deeds.
15. The following items will require a modification to the permit:
a. Any revision to the approved plazas, regardless of size,
b. Project name change,
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision of the proj eat area.
£ Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
16. The Director may determine That other revisions to the project should requila a modification to the permit.
17. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time
schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies
of revised plans and certification in writing to the Director that the changes have been made.
5
94-17-90 16:34 TO:ZDC FROM:9103429141 P06

�_�I� ii4 iM EASI��PAT� ER1�I�IEEFIPd!s
M. GENERAL CONDITIONS
Stale 9rormwaterManagement Systems
Permit No. 5W8 980817 Modification
SOUK 16 3 2 PHE 2 5 6
This permit is not troxisferable. In-Lbe event there is a desire for the facilities to change ownership, or there is a -name
change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied
by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate.
The approval of this request will be considered on its merits and may or may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Perminee to enforcement
action by the Division of Water Quality, in accordance With North Carolina General Statute 143-215.6A to 143-
215.6C.
;. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which maybe imposedby 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 stotmwater management systems.
5. The permittee grants DENR Staff permission to enter the property 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 pennit
modification, revocation and reissuance or termination does not stay any permit condition.
Permit issued this the Sth day of September, 1999.
NORTH CAROUNA ENVIRONMENTAL MANAGEMENT COKWSSION
; A's (3.VK- O&V
Ken T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 990817 Modification
6

Boor 1. 6 3 2 PAGE 257
TARGET CORPORATION,
formerly known as
DAYTON HUDSON CORPORATION
("TARGET")
By:
STATE OF NUNNESOTA
COUNTY OF HENNEPIN
rd J. Biesfgn,
Authorized SSiigna
Bradleyteeartry-
Assistan
I, John A. &rneJl , a Notary Public for the said County and State, do hereby
certify that Bradley Syverson personally appeared before me this day and acknowledged that he is the
Assistant Secretary ofkDayton Hudson Corporation, a Minnesota corporation, and that by authority duly
given and the act of the corporation, the foregoing instrument was signed in its name by Edward J.
Bierman, duly -authorized signatory, sealed with its corporate seal, and attested by himself as Assistant
Secretary.
*Target Corporation, former known as
WITNESS my hand and ofiYcW stamp or seal, this :Xltk day of May, 2000.
Notary Public
My Commission Expires:
>. A
JOHN A. CORNELL
NOTARY PUBLIC-MINNESOTA
My Commission Egku Jas. 31, 2M5
rAAAA A MARAWAAAAAAAAAAAAAAANVIS
NORrri CAROLi,N't4 OiiSww a^.oi,,om Anthony Q. Barlow, III. & John A. Cornell
The foregoing certificate(e) of
Notary(ies) Public is (are) certified to be correct. This instrument was presented for registration and recorded in this office in
Book 1632 pa 250 �t;s 6th day of June ,
2 0 0 0 p a 10 • T- o'clock A. mt.
AtA By ---
Rgkser wf D#ft% Ondw County Regirler of Deeds

Z&d Tt:T6Zt:0@T6:Y0HA 3QZ:0I S@:86 @@-6T-tr@
-*r
t, Erader i ck -E;_-. Cone..._..P_. F... 1., as a duly registexed Professional
E*neer in the State of North Carolina, having been authoriand to observe
(periodicaUy/weeklyl l time the aotusMmdan ofthe pmje%
for the Zimmer Develonment Company hereby state that, to the beat of my abilities,
(Project Owner)
due carc and dMsence was used in the obaearvation of the parojoct construction such that
the construction was observed to be butt within substantial compliance and inwnt of the
&Moved plan and specifications.
Sigsyat�are
aegis tignx Number h L` Zk
Date d-r . fps bra
00 'd II�I6' OOI6� HHHHNIDNH GN[MISVH WV S0:80 alm 0007,,-6i-'dd`"

APR•-?0-?000 THU 05:05 PM EASTWIND ENGINEERING
1910342`9141 P. iiii=
01/25/2999 14:30 910-346-1210 JCHN L PIERCE PAGE B& • ,
r
a. 1MVect the wet detention basin system for Sediment accumulation, Grosion, trash accumi lation, S;M'S
cover, and glaneral Condition.
b. Meek and clear the orifice of any, obstructions such that drawdovm of the temporary pool occurs with&±
2 to 5 days.
2. Repair eroded areas immediately, rae-seed as necessary to xnaintsin good vegetative cover, mow vegetative
cover to maintain a xmximum height of six inches, and =noti%e trash as needed. '
3. Inspect and repair the cbllecdou system (.e. catch basins, piping; swab, ripe, eta.) quaxterly to maintain
PmPer fi cloning.
4- Remove accumulated sediw=t from the wet det=dm bade system semi-annually or when depth is
reduced to 75% ofthe original design depth. Removed sedim= shall be disposed of JA an appropp e
MMMM iI not be taandled in a m== that willl adv ly impact w€xxter qualiiv (La. sto&pging near a
wn detention basin or mean, etc.).
The original dew depth is; 1
The sedim=t removal beaCbtnBY depth i.5: 4.5
S. Reemove cattails and other indigenous tuttivud plants when they cavcr 7t % of the basin h-arfoe. These
plants shall be erzoumged to grow aloing the basin pen= tar.
6. If tine basin M1W lac drained for = =wgenby or to parform maintenance, the gushing of serdixoew through
the emargaucy drain AMU be rnilftiUd to the ma-dmwn extent prat .al.
7. All comp0n0M of %bc wet daatioa basin system shalt be maintained in good working order.
1191=wledge and agree by my signature b4ow that I am lesponsible for the pmfbzn=c:e of the strove
IMAiateaaace p�rocedums. I agree to notify DWQ ofany problems vdth the system or chaagcs in the name of the
pro} respon5ible party, or address.
Print name: Jeffrey Zimmer
Addms: III Princess Street Wilmington. UC 28t0
ft=e: [phone] .
Title:
Sigaamre;
-e..1 r
a Notary public forth& State oflyee 'V-4 Aoro tr j jr '
County of_ 4e. -W dc- r ; do hareby certify t
persoua4y appeared befora me This Z— day of & ,e � i9_ q 2 . and ac]►mowlcdge the
due execution of the forgoing infiltration system maintenance regm=ents. Vita= my hand and offieW se$.1,
Form SWU-lot
61-25-99
.:., '/ Gc..1c.1.C. SAY.
Raw VAUP511998
14=31
Page 3 of 3
x` 44/ W
w i7 A •Ci�'+w'tiiA $Z
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RXCEIVED FROM:916 346 121n P.ea
FROM : q 1 n!4?q 1 4 1 Pn R

0 -'20-2000 THU 05:05 PM EASTWIND ENGINEERING 19103 201 I P. fiir
ApplicsCo'J itlsis
a- The temporary pool controls runoff from the 3 inch storm event.
b. Ile basin length to width ratio is greater than 3: 1.
•
c. The basin side siopbs above the permanent pool afire no steeper than 3: 1.
w;
d. A submerged and vegetated perimeter shelf at less than 5:1 is provided (show dual).
e. V'egetatioki above the pernment pool elevation is specified.
2r - f An emergency drain is provided to empty the basin. **(PORTABLE Plk9P) **
g. The permanent pool depth is between 3 and d feet (required minimum of 3 fees).
1 h. The temporary pool draws down in 2 to 'S days. _
i. A trash rack is provided for both the overflow and orifice.
J t� j. The forebay volume is approximately equal to 20% of the total basin volume,
.]?— lc Sediment storage is provided iu the permanent pool.
N/A 1. A 30400t vegetative flter is provided at'the oudet2 (include erosive flow calculations)
m. Recorded drainage easeumcnt*for each basin including access to nearest right -of way.
J n. A site specific operation and mainfte > 0 (0&11) plan is provided.
J o. A vegetation manegemeaVniovving schedule is provided in the O&M platy
.,� ..�.. P. Sezai-annual inspections are specified in the O&M plea..
`S z- q. A debris check to be performed after every storm event is specified in the O&M plan.
Jr— r. Snecific clean -out benchmarks are specified id the O&M elan. (elevation or depth).
.5� s� A, legacy rMoasible party is designated in the O&M plain (dude rune and title),
^� t. Ifthe basin is used for sediment and erosion control during construction, clean out of the
basin is specified to be performed prior to use as a wet detention basin,.
.: Foomates:
1 When ,*� this Mision SAIDA tables. the oorrect SAMA sago fbr pexmaneat pool sWaxg ahoWd be competed based upon the
ticaial lmpendous % and permanent pool depth. linear interpolation should be =ployed to determine the correct value for non-
standaadtable a vies,
2 The requititment for a vegetadve filter may be waived if the wet detention basin is designed to -meet 90% TS5 removal.
3 The legally respons%le parry should not be a homcawnets association unless more tbaa 50% of the lots have been sold mad a
resident of the subdivision has been the umideaL
IIL WET l7E'TEN'TION BASIN OPERATION AND KAM'ENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basic. forebay, non-integrated pretreatment
systems (pretreatment other than forebays), and the vegetated filter if one is provided.
This system (check one) 0 does 0(does not incorporate it vegetated b1ter.
This system. (check one) 13 does (does not incorporate non -Integrated pretreatment.
Maintenance activities shall be performs as follows:
1. After every significant runoff producing raizafali event and at least monthly:
Form SWU-102 Rev 1JAugust 1998 Page 2 of 3
Rq_-'>n nn 1 7: n9 TO: 7nr. FROM:91 @34291 41 P02

(Page 1 of 40)"—''
o9ox 13 6 4 PAGE 985
a obo'vele. NMealzra iae aMbyanmix Cbnd'Nlom and Restrieliam
' DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS 'yr"!'/PR 2q Fif f: 17
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this
'Declaration'), is made and entered Into as of the 24 day of APRIL 1997, by and
between WESTERN MOOSEHAVEN, 11. a North Carolina general partnership Golnt venture)
(`Moosehaven'). DELTA INVESTORS, INC., a North Carolina corporation (Mehl (the foregoing
parties hereinafter collectively referred to as the'Parties").
WITNESSETH:
WHEREAS, Moosehaven is the owner of five (5) trans of land located in Onslow County,
North Carolina, as more particularly described as 'Outparcal #1', 'Outpamel AW,'Outporcel #3',
+ 'Outiparcel 4W and 'Outparcel Won Exhibit A.1, Exhibit A-2, Exhibit A-3 Exhibit AA and Exhibit
A:J, respectively, attached hereto and shown on the site plan attached as Jam@ (the 'Site
Plan'); and
WHEREAS, Della is the owner of four (4) tracts of land located in Onslow County, North
Carolina, as more particularly described as 'Outpercel #87, 'Outparcel 97', 'Oulparoel #8' and
'Tract 1' on Exhibit A.G. Exhibit A-7. Exhibit A-8 and Exhibit A.9. respectively, attached hereto
J
and shown on the Site Plan.
NOW, THEREFORE, the Parties hereby declare that all of the parcels within the bounds
of the real property described on Exhk A-1. E&M , Exhibit A-3_ Exhibit , Exhibit X,
Exhibit 94 L EoibiL&7 ExhfbiiAU and f=&IW A-g shall be held, sold and conveyed subject to
the following easements. restrictions, covenants and conditions which are for the purpose of
protecting the value and desirability of, and which shall run with the real property and be binding
on all parties having any right, title or interest in the described properties or any part thereof, their
heirs, successors and assigns and shall inure to the berlatof each owner thereof. Further, in
consideration of the premises, the promises and covenants of the Pardee hereto, the mutual
benefits end advantages accruing to them, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE[
DEFINITIONS
Stan 1.1 'Owner' shall mean and refer to the record owner, whether one or more
persons or antities, of a fee simple title to any parcel which 1s a part of the Pamela, as hereinafter
defined, but excluding those having such Interest merely as security for the performance of any
obligation. For convenience only, a notice address for the Owner of Tract 1 has been provided In
Section 7.3.
;k
l
Y ,
L
1364. Paae 985. File Number

(Page 9 of 40)
0
BOOK 13 6 4 PACE 993
4WM1D1MwJ=nva1a NUDedarauon ofCmamts. ConWom and RWdc6 m
ARTICLE IV
MAINTEW6WCE QF DEi'I:FMQW POND
Section 4.1 Defined. Whenever used in this Declaration, the "Pond" ahall refer to that
certain item labeled 'Pond" and overlapping both Outparcel #5 and Tract 1 as shown on the Site
Plan. The Owners of Outparcel 91 and Outparcel 05 shag have tho right to drain water Into the
Pond from a point within their respective Parcel without the need for further documentation.
Section 4.2 fiWptenance and RepWr. The Owner of Tract 1 covenants to maintain
and repair (as needed) the Pond (and the area immediately surrounding 1), or cause it to be
maintained and repaired (the "Pond Maintenance').
Section 4.3 Raimburaement for Pend Maintenace. Once a Parcel has been
developed and is used (at least partially) for business purposes and is draining water Into the
Pond, an Owner of such Parcel shall be responsible for Its proportionate share of the Pond
Maintenance; provided, however, Outparcel #2 shall be excluded from any such calculation and
the Owner of Outparcel #2 will not be responsible for a proportionate share of the Pond
Maintenance (except that such Owner is an Owner of an additional Parcel). An Owner's
proportionate share shag be determined by dividing the acreage on its Parcel by the total acreage
of all Parcels developed as aforesaid. The parties stipulate that the initial acreage of each Parcel
is as set forth on Exhibits, attached hereto and made part hereof. Each of the aforementioned
Owner's will receive, from either the Owner of Tract 1 or the Tenant of Tract 1, a statement setting
out maintenance and repair coats attributable to the Pond Maintenance for the twelve (12) month
period ending January 31st for such year. Each Owner will be obligated to pay either the Owner
of Tract f or the Tenant of Tract 1(as the case may be) within thirty (30) days of receipt of such
statement
Section 4.4 Self Hel In the event that the Pond Maintenance is not being
performed according to commercially reasonable standards or in such a manner which threatens
to cause physical damage to another Parcel, then the Owner of such other Parcel (or the Tenant
of Tract 1, as the ease may be) may enter into the other Parcel upon reasonable advance notice
(except in the case of an emergency) for the purpose of performing the Pond Maintenance.
Within thirty (30) days after receiving an invoice for work performed pursuant to the foregoing, the
Owner of Tract 1 shall reimburse the performing Party.
Section 4.5 Maintenance by the Tenant of Tract 1. During the term of the Lease, the
Tenant of Tract 1 covenants to the Owner of Tract 1 to perform the Pond Maintenance (excluding
repairs) and to seek reimbursement from the Owners In accordance with Seclon 4.3. The Terrent
i of Tract 1 will provide notice of any needed repairs to the Pond.
9
C) A-
1364. Paae 985. File Number.

(Page 37 of 40)
9
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ok 1364. Page 985, File Number

69 : 57 ZDC
ID=9102544734
P01/16
ZIMMER DEVELOPMENT COMPANY
III PRINCESS STREET
WILMINGTON, NC 28401
FACSIMILE TRANSMITTAL SHUT
T& i v D 141- cS�A c,,,0i/\ .
�e►r�
FA;NWf9FaL' yl! /'OOLk TOiALA1O.QFp T�ii-GOYiie
O URGENT fi(ma mvmv O PLEASE comma NT O Plum RBPLY C]IPLEAU RECYCLE
HOTES/C
t�so/L ZQ 40- 7-, L4--c- °^ks>c'ter,
ZIMM$R DSYSLOPMFNT COMPANY
P.O. BOX 2628
®ILMINGTON. NC 21402
TEL. 8:13-763•4669- F X,a.e.747.0374
nEGE'IVEn
I�
uu PR 19 2000 lU
C7pEM
PROS it

04-19—S& 89:57 ZDC ID=9192544734 P92/16
BOOK 15 G PAGE 944
Jaduar ilk NC (66-t5-S79) 121171"
1999 JAM 15 PH 2. 57
'Ai\ OPERA77ON AM EASEMENT AGREEMBNT
�C7 BETWEEN
DAYTON HUDSON CORPORATION
AND
' ZP NO. 72. L.LC
t
i 0A i EWAY PLAZA

94-19 09 89:58 ZDC
ID-9182544734
P93/16
BOOK 1516 PAGE 954
1.14 P rson. 'person' sba11 Oman any individual. partmrship. nun,
sssociatlon, corporation, trust, or any other form of business or government entity.
1.1S Prh Buildim . -Primary Building Area■ shall mean collecthvely
the Building Areas designated as such on the Site Plan.
I A 6 mutant.-ReStaurant- shall mean any • operation or business which
requires a governmental permit. license and/or st1d orimcion to Prepare and/or serve food
for 'either on or off site consurmptiM. provided. however, notwithstanding anythigg
• herein to the contrary. a supermarket, grocery store or similar operation shall not be
deemed a Restaurant.
1.17 Tract. "Tract* shall mean that portion of Who Shopping Center owned by a
patty
Z. Z $ 'L':flit• II. ;.�. "' aFi My Unes= aihall mean chase facilities and systems for
the transmission of utility services. including drainage sW storage of surface water.
'Common Utility Lines' shall mean those Utility Liles which are installed to provide the
applicable service to both the Developer Tract and the Target Tract. 'Separate Utility
Lines- shall mean those Utility Lines which are installed to provide tine applicable service
to either the Developer Tract or the Target Tram. For the -Purpose. of d" ORA. the
Portion of a Utility Line extending between a Com mOn Utility Line and a Building shall
be considered a Separate Utility Line.
CHO 27597 w 7

64-19-6® 69:58 ZDC ID=9182544734 P64/16
ROOK 151 G PISE 957
Th-C Parties agree that &e O pareels shall in no event have any access to off of
the Entry Drive and that access to the Perimeter Drive shall be limited to the locations
shown on the Site Plan.
2.2 Utilities.
(A) Each Party he mby grants and conveys to each other Tarty lion_cxchmive
Perpetual. easemm s in. to; over. under. along and across those 'pardons of the Common
Area (exclusive of any portion located within Building Areas) located on the grantor's
I.n:
Tract ' necessary for tine installation. operation. flow, passage, uses rnairuenance,
connection, repair. relocation, and removal of Utility Lines serving the grantee's Tract,
including but not limited to. sanitary sewers. storm drains, water (fire and domestic),
gas, electrical, telephone and communication lines. The initial location of arty Utility
Line shrill be subject to the prior written approval of the Party whose Common Area is to
be burdened thereby, such approval not to be unreasonably withheld. conditioned or
delayed. The Parties have approved the Wfiat dnoittR*Lmn of R—he x rail) y U= as showr on
the Site Plan. The easement area shall be no wider than necessary to seasonably satisfy
the requirements of a private or public utility, or rive foot (S') on each side of the
centerline if the easement is granted to a Party. Upon request. the grantee shall provide
to the grantor a copy of an as -built survey showing the location of such Utility Line. All
Utility Litres shall be underground except. -
ground mounted electrical transformers;
(ii) as May be necessary during periods of construction.
reconstruction. repair. or temporary service; .
(iii) as may be required by governmental ntal agencies having jurisdiction;
WIC. 275" V4 10

Qd— 1 Q—Q@ aQ a -,A 7I, C
ID=9182544734
P05Z16
aooic 1516 PAGE 9 5 S
(IV) as may be required by the provider of such servlm..
(V) fire hydrates: and
(vi) sterna water retention or detention ponds, and other storm water
control devices shown on the Site Phan.
At least arty 00 days prior m exercising the right grained herein. the grantee
ahahl Errs¢ pe®vide the grantor with a written statement describing the teed for such
easement. shall identify the Proposed location of the Utility Line. the nature of the service
to be provided. the anticipatedComnumccingntand completion dates for three work ant$ .
shall furnish a certiScate of insurance showing that its contracsor has obtained the
minimum insurance coverage required by SA(C) hereof. P,xcept as otherwise agreed to
by the grantor acid the grantee, any Party installing Separate Utility Lines pursuant to the
Provisions of this subparagraph shall pay all costs and expenses with respect thereto and
shall cause all work in Connection therewith (including general clean-up and proper
surface and/or subsurface restoration) to be Completed as quickly as possible and in a
manner so as to minimize 1pWrE,mR.,-,e R ;;sa Q f a bo on Area. In addition.'
the grantee Of any Separate Utility Lire agrees to defend. Prow. indamiljr and hold
harmless the grantor, unless caused by grantor's negligence or willful act. from and
against all claims or demands. including any action or proceeding brought thereon. and
all costs, losses. expenses and liabilities of any kind relating thereto. including reasonable
attorneys times and cost of suit. arising out of or resulting from the exercise of the right to
Install. maintain and operate the Separate Utility Line. If the Parties elect to Install
Common Utility Lines, all rq mir. maintenance. replacement and other work thereon shall
be performed by the Operator as part Of Common Area nnaintenance.
(8) The grantor shall have tlee right to relocate a Utility Litre upon Rutty (30)
days' prior written notice. provided that such relocation:

94-19-08 09:58 ZDC ID=9102544734 P06/16
BOOK - 151 G PAGE 975
promptly cause such lien 90 be released and discharged of record, either by paying the
Indebtedness which gave rise to such lien or by posting bond or other security as shall be
required by law to obtain such release and discharge. Nothing herein shall prevent the
Party permitting or causing such lien *om contesting the validity thereof in any manner
such Party chooses so long as such contest is pursued with reasonable diligence. In the
event such contest is determined adversely (allowing for appeal to the highest appellate
court), such Party shall promptly pay in full die required amount. together with any
interest. penalties. costs, or other charges necessary to release such lien. The Party
permiming or causing the lien agrees to defend, protect, indemnify and hold harmless the
other Party and its Tract from attd against all claims and demands, including any action
or proceeding brought dMeon, and all costs, losses, expenses and liabilities of any kind
relating thereto. including reasonable attorneys' fees and can of suit. arising out of of
resulting ftotn such lien_
ARTICLE IV
MAINTENANCE AND REPAIR
4.1 Utility Lit:es.
(A) Each Parry shall maintain and repair, or cause to be maintained and
repaired, in a good state of repair and safe condition. all Separate Utility Lines utili�d by
it regardless of where located. Any maintenance. replacement and/or repair of
nondedicated Utility Lines located an another Party's Tract shall be performed; after two
(2) weeks' notice to the grantor (except, in an emergency the work may be fnitl ted with
reasonable notice); after normal business hours whenever possible; and in such a manner
as to cause as little disturbance in the use of the grantor's Pratt as is practicable under the
cucumstamems. Any Party performing or causing to be perforated maintenance or repair
work agrees: to promptly pay all costs and expenses associated ftmwith; to diligently
compiete such work as quickly as possible; and to promptly clean the arse and restore the
tug s�s9a •s 29

04-19-80 09:59 ZDC ID=9192544734 P07/16
BOOK i 516 PACE 976
afla=d portion of the Common Area to a condition equal to or beetcr that the condition
which existed pew to the of such work.
(B) Common Utility Limon .shall be maintained. mired and/or replaced as
part of the Common Area pursuant to 4.2 below.
4.2 Common Area.
(A) Subject to the joint maintenance provision set forth in (B) below, each
Party shall maintain, or cause to be maintained. the Common Area on its Tract in
sightly, safe condition and good sure of repair. The unimproved Common Area shall be
mowed and kept litter -free The mininwm standard of maintenance for the improved
Common Area shall be comparable to the standard of maintenance followed in other first
class retail dcvclopm=ts of comparable size in the Jacksonville. North Carolina area;
notwithstanding the foregoing, however. the Common Area shall be operated and
maintained in compliance with all applicable governmental laws. rules, regulations,
orders and ordinances, and the provisoor s of this 0EA. JA 11 C—'I- . Ar,
improvements shall be repaired or replaced with materials at least equal to the quality of
Me materials being repaired or replaced so as to maintain the architectural and aesthetic
harmony of the Shopping Center as a whole. The maintenance and repair obligation shall
Include Out not be limited to the following:
(1) Drive and Parking Areas. Maintaining all paved surfaces, and
curbs in a smooth and evenly coyered condition. inchtding. without
limitation. replacement of base. skin patch, resealing and
resurfacing. (For the purpose of this section, an overlay of the
drives and parking areas shall be considered a maintenance loom.)
(it) Debris and Refuse. Periodic removal of -all papers. debris. filth.
re9m. ice and snow (2` on surface), including periodic vacuuming
29

04-19--88 89:59 ZDC ID-9102544734 PA8/16
tmc a7Wa
BOOK 151 G PAGE 978
amargency, t�egniaetnettts. " Any cerrpffl-9 requires •special'
landscaping (i.e. beyond the standard landscaping requirmunts for
the remainder of the Shopping Canner). or If landscaping
additionshnoditkations are required as a result of a Building
addition. expansion or remodel, the cost of Installation,
replacement and 'maintenaaoe of such special or required
landscaping small be borne solely by such Occupant and snail not
be included in Common Area Maintenance Costs.
(VI) Common Utility Lines. Maintaining. cleaning, replacing. aqd
repairing any and all Common Utility Lines.
(via) Obstructions. Kccping the Common Man fte from any
obstructions including those caused by the sale or display .of
merchandise. unless such obstruction as permitted under 'tire
provisions of this OBA.
(vHi) Sidewalks. Maintaining. cleaning and replacing of all sidewalks.
including those adjacent and contiguous'to Buildings located within
the Shopping Center. Sidewalks shall be steam cleaned at least
movably and shall be swept at appropriate iruervals during such
time as shall riot interfere with the conduct of business or use of
the Common Arca.
(ix) Supervisory Personnel. Providing of professional supervisory
personnel for the Common Area. if reasonably required.
(x) Traffic. Supervision of traffic at entrances and exits to rho
Shopping Center and within the Shopping Center as conditions
31

04-19700 09:59 ZDC
ID=9102544734
P09/15
BOOK ) 5 Z UPAGE 979
reasonably require in order to maintain an orderly and proper
traffk flow.
Notwithstanding anything to the contrary, each Party shall have the
obligation to operate, maintain. and repair. in a clean, sightly and safe condition, the
following items located on its Tract: any exterior shipping/receiving dock area; any truck
ramp or truck parking area; any recycling center or similarly designated area for dic
collection of items intended for recycling; and any refuse. compactor or dumpster area.
M Carr mcnciOR on the earlier of (i) the date the Occupant of the Target Tract
opens for business with the general public. or (ii) dw date the Approving Parties
designate in writing, the Operator shall operate and maintain the Common Area of the
Shopping Center in accordance with the requirements of (A) above. Within 30 days
following the rimcncement of such maintenance and operation. Operawr shall provide
the Approving Parties an estimated budget for the balance of the current calendar year
containing the information required by (C) below. atd each Party agrees to pay its share
thereof in accordance with (D) below. Operator may hire companies affiliated with it to
perform the maintenance and operation of the Common Area, but only if the rates
charged by such companies are competitive with those of other c_.ompr_nkms ojj *m ebong
similar services in the metropolitan arm in or about the Shopping Center, it beinj agreed
that this provision shall be construed strictly against Operator. leach Party hereby grants
to Operator. its agents and employees a license to enter upon its Tract to discharge the
duties to operate. maintain and repair the Common Area. Operator shall expend only
such funds as are reasonably necessary for the operation. maintenance and hv=ance of
the Common Area and shall promptly pay such coats ('Common Area Maintenance
Costs) when incurred. For the purpose of this OEA. Cotttaaon Area Maintananco Costs
shall not include:
(1) amy late charges or fees;
tuttC st.a 32

04-19-99 89:59 ZDC ID=9192544734 P16/15
BOOK i 516 PAGE 9.30
01) ar y charge for electricity to a Party that separately pays Me
electrical costs for lighting the Common Area on its Traiet;
(iii) any coats to clean up or repair the Common Area e+asttltittg from
Promotional activities or front construction. maintenance or
replacement of Buildings. which costs are to be paid far by the
Party doing such activity;
(iv) real Property taxes and assessments;
(v) operator's profit. administrative and overhead costs (including but
not limited to: _ office space, equipment and utilities; legal.
accounting or administrative services; Opcnatios'a peraomnal vrher
are not permanently lofatcd at the Shopping Center);
(vi) any fee or charge paid to a third party. commercial ft=wScnwMt
company or similar pnavhlkr gar ae!w_ir_oe arwyo.. zUW iSj" o?"
management or operation of the Common Area, cc any part
thereof;
(VA) any maintenance. repair or replacemem -of the Shopping Center
Pylon; and
(viii) entertainment. transportation. meals and lodging of anyone.
In lieu of Operator's profit. administrative and overhead costs. apamr
shall be permitted to charge an amount (•Administradon Fee") computed by etwitiplybg
the Common Area Maintenance Costs (exclusive of irdurnhce premiums and utility
charges) by seven percent (7%). If any of Operator's permttnel at the Shopping Center
Perform services. tbnctiobs or tastes in addition to Common Area duties. then the cost of
aNQ 21IS97 N
33

04-19-09 10:00 ZDC ID=9102544734 pll/16
BOOK ] 5 i 6 PAGE 981
such personnel shall be equitably allocated according to time spent performing such
duties.
(C) Operator shall. at least 90 days prior to the beginning of each calendar
year. submit to the Approving Parties an estimated budget ('Budget') for the Common
Area Maintenance Costs and the Administration Pee for operating' anal maintaining the
Common Area of the Shopping Center for the ensuing calendar year. The Budget shall
be fa a form and content reasonably acceptable to the Approving Parties and shall identify
sepat00e Cost estimates for at least the categories specified under 4.2 (A). plus:
(1) Premium for Commercial General Liability Insurance covering the
Common Area as required by SA(A) below; provided however,
such premium shall not exceed the current filed Insurance Sasviaes
Offices (ISO) rate for premises operations, adjusted by the
increased limits factor.
00 rental or purchase of equipment and supplies;
01i) depreciation or trade-in allowance applicable to Items purchased
for Common Area purposes: and
(iv) Adtnisaiseradou Pee.
If an item of maintenance or replacement is to be accomplished in phases
over a period of calendar years. such as resurfacing of the drive and/or parking areas.
then the Budget shall separably identW the cost attributable to such year (inichrding the
area of the Comm Area af%cted). and shall note the anticipated cost and timing
(indicating tie_ area of the Common Area atlbxted) of such phased work during
succeeding calendar yenta. The cost of approved `phased' work shall be paid by tie
Parties aPpraving the samr, or their successors or assigns. as the can may be,
tWM raw w 34

04-19-0i0 10:00 ZDC ID=9102544734 P12/16
BOOK 5 16 PACE 198 2
rd"Ithstauding that when such work is performed a party may not than be participating
in the joint maintenance of the. Shopping meter. .
If an Approving party disapproves the proposed Budget. it shall consult
with the other Approving Party and the Operator to establish a final approved Budget. If
a Budget is not approved by December 1st of any calendar year. Operator shall have the
right to terminate its maintenance obligation with respect to the Common Area located on
the Tract of the disapproving Approving party by written notice prior` to Deoem cr. loth.
If the notice is given. then such Approving Party shall maintain and operate the COmmon
Area on its Tract and the Operator shall maintain and operate the balance of the Common
Aces. eonunencing on the following January 1st. If the notice is not given. then Operaroc .
shall continue to maintain and operate the Comulon Area for the next calendar year.
Operator shall use its diligent. good faith efforts to operate and maintaini
the Common Area of the Shopping Center in accordance with the Budget-
Notwithstanding the foregoing. Operator shall have the right to make emergency repairs
to the Common Area to prevent injury or damage to person or property, it being
undeMcOd :heat a%1,2 i0fr deli nevcrenciess advise each Party of such emwSemy
condition as soon as reasonably possible. including the corrective measures taken and the
cost thereof. If the cost of the emergency action exceeds $10,000.00 In Constant Daum
then Operator may submit a supplemental billing to each Party. together with evidence
supporting such payment. and each Party shall pay its share thereof within thirty (30)
days; if the cost limitation set forth above is not exceeded then such costs shall be
included as part of the Common Area Maintenance Costs at the you end.
(D) Common Area Maintenance Costs and. the Administration Fee shall be
paid as follows:
Onto: =7m w
35

10:04 ZDC ID=9102544734 P13/16
Book 15 :1 6 PAGE 9,S3
Cl) Outparcels
00 The balance of the Developer
Trace and rite Target Tract:
.030 per square foot of land
area in Constant Dollars
proportionate share of the
balance of common Area
Maintenance Costs and
Administrative Fee
Proportionate share shall be a fraction, the numerator �of which is the number of square
feet in the BEtildings on the relevant tract; provided that Target's proportionate share shall
never be greater than forty-one percent (41 %).
In the event an existing Tract is divided, the Party causing such division
shall prorate the allocation attributable to the existing Tract between the newly created
Tracts, rile a recorded declaration Confirming such allocation and deliver a copy ofisuch
declaration to the Operator and each other Party- Each Party shall pay ca the Operator in
equal monthly payments, in advance, the share of the Common Area Maintenance Costs,
and the Administration Fee attributable to its Tract based either upon the amount set forth
in the approved Budget, or if a Budget is not approved. then the lesser of the amount act
forth in the unapproved Budget or the monthly payment established for the prior year.
The Operator shall reasonably estimate such Costs for the partial year during which its
' fim'hWmnce obligations commence and each Party shall make its first payment in the
month following Operator's undertaking of such maintenance and repair of the Common
Area. Within 4S days miter the end of each calendar year. Operator shall provide each
Party with a statement certified by an authorized Person, together with supporting
invoices and other materials setting forth the actual Cwrnnon Area Maintenance Costs
paid by it for the operation and maintenance of such Common Area. the Administration
Fee. and the share of the aggregate thereof that is attributable to such Parry's Tract. If
she amount paid with respect to a Tract for such calendar year, shall have exceeded the
share allocable to such Tract. Operator shall refund the excess to the Parry owning such
Toter at the time such certified statement is delivered, or if the amount pail with respect
to a 'fact for such calendar year shall be less than the shave allocable to sucb Tract, the
KIM27 ww 36

04-19-00 10:05 ZDC ID=9102544734 P14/16
BOOK 15 U PAGES 8 4
Patty owning such Tract at the time such certified statement is delivered shall pay the
balance of the Tract's share to Operator within 30 days aster recalpt of such certified
statement.
Within two years after receipt of any such certified statement. each patsy
shall have the right to audit Operator's books and records pertaining to the operation and
maintenance of the Counnon Area for the calendar year covered by such certified
stawmem: the FauW shall notify Operator of its intent to audit at least iS days prior to the
designated audit date. In the event that such audit, shall disclose any error in the
determination of the Common Area Maintenance Costs. the Administration Fee or M thq,
.allocation thereof to a Tract. an appropriate adjustment shall be made fbnhwidt. The coat
'of any audit shall be assumed by the auditing Patty unless such Party shall be entitled to a
refund in bxcesa of four pement (4%) of the amount calculated by Operator as its share -
for the calendar YOU. in which Case Operator shall pay the cost of such audit.
(E) Operator astrces to defend. indemnify and hold each party harmless from
and against any moahaoic's. materialmen's and/or laborer's n4 BSI
attd liabilities in connection therewith. including reasonable anoruey's feet and court
costs. arising out of the maintenance and operation by Operator of the Common Area.
and in the event that any Tract shall become subject to any such lien. Operator shall
Prompuy cause such lien to be released and discharged of record. either
by paying dhe
indebtedness which gave rise to such lien or by posting such bond or other security as
WWI be required by law to obtain such release and discharge.
(F) In the. event any of the Common Area is damaged or destroyed by any
cause whatsoever. whether insured or uninsured. during the lam of this OEA. other than
damage caused by ordinary use Or- wear and tear. the Party upon whose Tract such
Common Area is located shall repair or restore such Common At" at its sole.easi arld
expense with all due diligence; provided that no pury shall be required to expend store
than $2SQ.0W in Constant Dollars in excess of insurance proceeds which may be
oec: atsss vs 37
i.

94-19-08 10:0S ZDC ID=9162544734 P15/16
BOOK i 51 G NesE
available (or which would have been available except for elections relating to deductibles
.
or self-insurance for which the Party shall be responsible to contribute) for such repair or
restoration. Notwithstanding the :isnlmtion sat forth in the preceding seawrice. a Party
may require another Percy to do such restoration work if the requiring Party has agreed in
writing m pay the Costs in excess of such sum. Except to the extent limited by .5.4(D)
hereof. in the event such damage or destruction of Common Area is Caused in whole or
in part by another Party or third Person, the Party obligated to make such repair or
restoration Deserves and retains the right to proceed against such other Parry or third
Person for indemnity, contribution or damages. If a Party causes such damage or
•
destruction to the Common Area on any other Parry's Tract, the damaging Party shall
repair such damage promptly at its own expense-
(0) Target shall have the right, upon giving not toss than sixty (60) days'
written notice to Operator. to take over and assume the maintenance of" Common Area
upon the Target Tract. Following the effective date of such assumption. Target shall
maintain the Common Area on its Tract. and shall pay all costs and expenses incurred in
connection therewith; provided. however, Operator shall continue to maintain the
Common Utility Lines of the Shopping Center regardless of location, shall continue to
maintain the Common Area supervisory program, if any. and shall continue to insure the
Common Area on the Target Tract under the Operator's Common Area public liability
insurance program if Target elects to participate therein by written notice to the Operator.
f
Upon such assumption Target shall be released from the obligation to contribute towards
Operator's maintenance and operation of the balance of the Common Area, except with
respect to those functions identified above for which continued participation is mandatory
or elected; Target's share of such costs shall be paid In accordance with the allocation set
i
forth in 4.2 (D) above. Operator shall continue to maintain die balance of the Common
Area in accordance with the standards an forth herein.
target shall have the tight to cause the Operator to resume the operation
! atd maintenance of its Cottmaou Area upon the satisfaction of the following-eonditL0ns:
stssst WAS 38

04-19-99 10:05 ZDC
ID=9102544734
P16/16
0
BOOK. 15 :1 6 PAGE 986
(i) Target shall give the Operator st least 60 days' prior, notice of its
Intention to have the OPZrator reassume the operation and
maintenance of its Common Area: provided however. such date for
reasstnnptiou shall always be the first day of a calendar quae ,
and
(ii) Prior to the date established for Operator to reassume dre
maintena tee and operation diwoof. Taraw small. at its soie cmt and
expense, cause the Cannon Area on its Tract to be at lease equal
to the same condition of taintenum then existing on the other
portions of the Common Area then being tnaintaload by the
Operator.
Provided the above conditions am satisfied. concaurs�endy with 'due
designttod date. Operators shall resume full operation and
maintenance of the Common Area located on the Target Tract and Target shall be
texponsible for its share of the costs and expenses of Operator's pwfonttance as tact forth.
in (D) above.
4.3 Building hn verve its and Outside Sales Area.
(A) Aftcr completion. of construction, each Patty covenants and agrees to
maintain and keep the exterior portion of the Buildings and Outside Sales Area. if wW.
located- on its Tract in first-class condition and state of repair, in compliance with all
govenunental laws, rules, regulations. 'orders, and ordinances exercising jurisdiction
thereover, and in compliance with the provisions of this OEA. including the architectural
theme set forth in Exhibit C. Each Party further agrees to store all trash and garbage in
adequate containers. to locate such containers so that they are not readily visible ftorn the
parking area. and to arrange for regular removal of such trash oe garbage.
DHC: 27"7 ass
39

JOHN L. PIERCE - SURVEYING
Land Surveying - Land Planning - Mapping
P.O. Box 1685
409 Johnson Blvd.
Jacksonville, N.C. 28541
Office: [phone] Fax No.: [phone]
E-Mail: [e-mail]
TO Ms. Linda Lewis
N.C. Department of Environment
and Natural..Resources
127-,North Cardin -al Drive
Wilmington, NC 20405
WE ARE SENDING YOU
❑ Drawings ❑ Attached
❑ Copy of Letter ❑ Prints
❑ Change order
APR 17 2000
IM
letter of transmittal
DATE JOB NO.
April 13 2000
AT�EN ON
Lin a Lewis
iE Gateway Plaza
❑ Under separate cover via
❑ Plans
J
❑ Samples
the following items:
❑ Specifications
COPIES
DATE
NUMBER
DESCRIPTION
1
"Engineer's Certification" for the Gateway Plaza Shopping
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ For review and comment
❑ For bids due 19
❑ Prints returned after loan to us
REMARKS Should You need any additional
information, please advise.
r,IFA
�
D a�

CEl
Zimmer Development Company, LLC APR 14 2000
Real Estate Developers
111 Princess St. P.O. Box 2628 Wilmington, North Carolina, 28402 910-763-4669 FAX [phone]
April 13, 2000
Mr. Rick Shiver
Water Quality Regional Supervisor
NCDENR
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Gateway Plaza Shopping Center
Stormwater Permit No. SW8 980817
Gnslow County
Dear Mr. Shiver:
In response to your letter of March 13, 2000, please accept the following "Plan of Action" regarding our
intent to correct discrepancies noted at the referenced stormwater facility.
1) The pond has been modified per the approved plans. The inlet pipe at the northwest end of the
pond near the outlet structure has been moved to the location as shown on the approved plans.
2) The sideslopes of the pond have been revegetated in accordance with the approved plans.
3) All existing erosion areas have been repaired and stabilized.
4) The engineer for the Chili's restaurant has been notified that they must submit a Stormwater
Application Package for the Chili's site. We understand that this application has been submitted
to your office for review.
5) A copy of the Engineer's Certification for the pond is enclosed with this letter.
We regret that we have been unable to adequately complete the project to date and will take appropriate
steps in the future to properly maintain the site.
If you have any additional questions, please feel free to call.
Sincerely,
Zimmer Development Company, LLC
Mark N. Hargrove, PE
cc: Jeffrey L. Zimmer, Zimmer Development Company
Frank T. Grzandziel, Zimmer Development Company
Linda Lewis, NCDENR

Zimmer Development Company, LLC
Real Estate Developers
111 Princess St. P.O. Box 2628 Wilmington, North Carolina, 28402 910-763-4669 FAX [phone]
April 13, 2000
Mr. Rick Shiver
Water Quality Regional Supervisor
NCDENR
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Gateway Plaza Shopping Center
Stormwater Permit No. SW8 980817
Onslow County
Dear Mr. Shiver:
STORMWATER
0 f
APR 13 2000 u
D E M
PROJ #
In response to your letter of March 13, 2000, please accept the following "Plan of Action" regarding our
intent to correct discrepancies noted at the referenced stormwater facility.
1) The pond has been modified per the approved plans. The inlet pipe at the northwest end of the
pond near the outlet structure has been moved to the location as shown on the approved plans.
2) The sideslopes of the pond have been revegetated in accordance with the approved plans.
3) All existing erosion areas have been repaired and stabilized.
4) The engineer for the Chili's restaurant has been notified that they must submit a Stormwater
Application Package for the Chili's site. We understand that this application has been submitted
to your office for review.
5) A copy of the Engineer's Certification for the pond is enclosed with this letter.
We regret that we have been unable to adequately complete the project to date and will take appropriate
steps in the future to properly maintain the site.
If you have any additional questions, please feel free to call.
Sincerely,
Zimmer Development Company, LLC
AJLN ,
Mark N. Hargrove, PE
cc_ Jeffrey L. Zimmer, Zimmer Development Company
Frank T. Grzandziel, Zimmer Development Company
Linda Lewis, NCDENR

r
Z L�07 745 414
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
to
t �LrY�%1�V G:IaHT
K
.. wI I rr.r T�
Postage
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
N
rn Return Receipt Showing to
Whom & Date Delivered-
Compietn items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
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or on the front if space permits.
1. Article Addresss/e+d to:
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❑Addressee
D. Is delivery address different from item 1 ? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
ertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service label)
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PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Nuat, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
March 13, 2000
CE� TIIFIED MAIL #Z 407 745 414
RETURN RECEIPT REQUESTED
Mr. Jeffrey Zimmer, President
Zimmer Development Company
111 Princess Street
Wilmington, NC 28401
7 fl;
"A . 1 0
NCDENR
NORTH CAROLINA DEPARTMENT OF -
ENVIRONMENT AND NATURAL RESOURCES
Subject: NOTICE OF VIOLATION
Gateway Plaza
Stormwater Permit No. SW8 980817
Onslow County
Dear Mr. Zimmer:
On March 3, 2000, Wilmington Regional Office personnel performed a Compliance Inspection of the proj ect
known as Gateway Plaza, located off Western Blvd. in Jacksonville in Onslow County, North Carolina. The
inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 980817,
issued to you on September 8, 1999.
The project has been found in violation of Stormwater Permit Number SW8 980817, issued pursuant to the
requirements of 15A NCAC 2H.1000. The violations found are:
1. Section II, Part 7- The facilities shall be constructed as shown on the approved plans. The pond
has not been constructed according to the plans. The inlet pipe at the northwest end of the pond near
the outlet structure was not permitted because it causes short circuiting of the system. This was
made clear prior to issuance of the permit.
2. Section 11, Part I- The stormwater management system shall be constructed in its entirety, vegetated
and operational for its intended use prior to the construction of any built -upon surface except roads.
There is little to no vegetation on the side slopes of the pond.
3. Section II, Part 2- During construction erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately. Some areas of the pond are beginning to erode.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Zimmer
March 13, 2000
Stormwater Permit No. SW8 980817
4. Section A Part 13- Each outparcel has been accounted for at 100% built -upon area in the pond
design. The development on each outparcel must be permitted through the Division of Water Quality-
Stormwater under the offsite permit, prior to construction on that outparcel. Lot 6 has been
developed by Chili's Restaurant without securing an Offsite Stormwater Permit
To correct these violations you must:
Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s)
and a time frame for completion of those actions, on or before April 13, 2000.
2. Constrict the pond in its entirety as shown on the approved plans. The inlet structure on the nortwest
end of the pond must be relocated.
3. The entire pond area needs to be vegetated immediately.
4. Eroded areas of the pond need to be repaired prior to vegetating.
5. A Stormwater Application Package for an offsite permit must be submitted to the Wilmington
Regional Office, Division of Water Quality by Chili's Restaurant prior to issuance of a Certificate of
Occupancy for this offsite facility.
6. Upon completion of construction, prior to a Certificate of Occupancy, and prior to operation of this
permitted facility, a certification must be received from an appropriate designer for the system
installed certifying that the permitted facility has been installed in accordance with this permit (SW8
980817), the approved plans and specifications, and other supporting documentation.
Failure to provide the "Plan of Action" by April 13, 2000, or to correct the violations by the date designated
in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of
enforcement action which may include recommendations for the assessment of civil and criminal penalties, pursuant
to NCGS 143-215.6A.
By copy of this letter to the Onslow County Building Inspector, this Office is requesting that the Building
Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is
satisfactorily resolved.

Mr. Zimmer
March 13, 2000
Stormwater Permit No. SW8 980817
If you have any questions concerning this matter, please call Noelle Lutheran at (910) 395-39K
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
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cc: Fred Cone
Corann Harper, Onslow County Building Inspections
Noelle Lutheran [[ t�^��
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Central Office
Tom Anderson

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N.C. DIVISION OF.. WATER QUALITY
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Water Quality Section
Complaint/Emergency Report Form
WILMINGTON REGIONAL OFFICE
Received by_ L 49 2 [.ztA4S --.Date 7 2 ZZyOO Time lyOO-)
Emergency Complaint_% City��/ c lC� (A VI ��� County dlj,S�O W
Report Received From /Orh Ol-P.rSG,
Agency Cr OT 72450A LO'/Ie_ PW Phone No. —� J3 5332
Complainant
Address Phone No.
Check One: Fish Kill Spill Bypass Animal NPDES
�Stormwater
Nature of Referral
FREMM
Weiland Other, Specify;
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Time and Date Occurred N O lw n
Location ofArea Affected
Surface Waters Impacted ! ! r,1l C�-.e ek- f 1 Jko q — q, Classfficat/on a C fj 5 U)
OtherAgencies Notified r(J�
Investigation Details
Investigator Date
SAWQSISHELLSIREPORT.SHL
EPA Region IV [phone] Pesticides 733-3556 Emergency Management 733-3867 Wildlife Resources 733-7291
Solid and Hazardous Waste 733.2178 Marine Fisheries 726.7021 Water Supply 733-2321 Coast Guard MSo 343-4881
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 9 Telephone [phone] Fax [phone]