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HomeMy WebLinkAboutSW8000851_HISTORICAL FILE_20130802STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW �4�� DOC TYpECURRENT PERMIT ❑ APPROVED PLANS �iISTORICAL FILE r� COMPLIANCE EVALUATION INSPECTION � DOC DATE I a2OZ ?2/1 Srvn YYYYMMDD Lewis,Linda From: Lewls,Linda Sent: Friday, August 02, 2013 6:35 PM To: 'Mark Hargrove - Road Runner' Cc: Scott, Georgette; 'recoulleyM17@gmai1.com' Subject: RE: Snow's Cut Crossing - Carolina Beach Mark: No, the owner never responded to our numerous letters, and the permit will expire June 13, 2015. As best can tell this is the story: *June 13, 2001 — a stormwater permit is issued to John Berryman for Pleasure Island Center. .September 21, 2001 - Food Lion LLC (Lion) purchases the 4 parcels (MB 41 PG 218) from J. Richard Corbett; *November 19, 2001 — Lion enters into a lease agreement with Snows Cut Crossing (SCC) for Outparcel II/Shopping Center. *December 27, 2001 - Lion sells "Outparcel 1/Shopping Center" to Snows Cut Crossing, LLC (SCC); .May 20, 2002 — the permit is transferred from Berryman to SCC. •September 5, 2003 — The Walgreen's on Parcel #2 is permitted (SW8 030727). •October 27, 2003 - Parcel 2 is subdivided into 4 smaller parcels, 2A, 2B, 2C, and 2D. .October 27, 2003 - Lion sells 2A to SCC for the development of Walgreens. .March 18, 2005 — a declaration of covenants and restrictions between Lion and SCC is recorded in which it is stated that Lion owns Parcels 213, 2C and 2D. Georgette and I met with Monty Recoulley with ReMax Commercial regarding the development of the remaining pieces of Parcel 2 (B, C and D). Mr. Recoulley provided information that the current owner of these parcels is Traybencar, LLC, Philip Bame, Manager. I don't know when Food Lion LLC sold to Mr. Bame, or if there were some intervening conveyances. All I know is that SCC never modified the permit or recorded a BUA restriction for those outparcels- Based on the plans, all of OP#2 was permitted to drain to Infiltration Basin #3, which was permitted to treat 202,554 sf of BUA. The Walgreens permit took up 62,292 sf so that leaves 140,262 sf leftover for the remaining 3 subparcels of OP#2 now owned by Traybencar, LLC. Because the permit is close to expiring and we have a dissolved owner, we've got less than a year to track down the current owner and get them to modify the permit, and provide recorded deed restrictions (with the approval of Traybencar, LLC) in order to approve an offsite project on 26, C and D. Problem is that the Tax Records indicate that Snows Cut Crossing LLC is the current owner of Outparcel 1/Shopping Center and the Walgreens (2A) as of the 2013 tax year. SCC was dissolved by the NC SOS back in October 2011, but it is apparently still a viable corporation in South Carolina. I've got proof they received our letters, but I can't get them to respond. It may be time for enforcement. Linda Lewis NC Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 29405 910-796-7215 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Mark Hargrove - Road Runner rmailto:mhargrove(&ec.rr.com] Sent: Thursday, August 01, 2013 4:09 PM To: Lewis,Linda Subject: Snow's Cut Crossing - Carolina Beach Linda, I need to find out some information about two outparcels at Snow's Cut Crossing.....We had a lot of emails about this site back in 2004. its adjacent to the Walgreens. At the time, I don't think Walgreens had submitted for a permit. There are I believe four outparcels and in the original permit for the Food Lion, these were labeled as "Future" with an allowable impervious of over 200,000. Did Food Lion ever separate and show the lots and have an allowable impervious area for each of the lots? In all my old information, I could not find where this was determined. The project stopped before we needed to submit for permits. I have attached a pdf showing the out parcels. I need to find out the allowable impervious area for two outparcels..... the ones that are 0.695 ac and 1.27 ac. I believe someone has recently called you about this property. Thanks Mark N. Hargrove, PE Port City Consulting Engineers, PLLC 910-599-1744 North Carolira Secretary of State Page 1 of 1 Account Login Register North Carolina Elaine F. Marshal! DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626AM22 (949W7-200D Date: 7/3112013 Click here to: View Document Filings I File an Annual Report I �l Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report i Corporation ,Names Name Name Type .NC TRAYBENCAR, L.L.C. LEGAL ;Limited Liability'Company ilnformation SOSID: 0710808 Status: Current -Active Effective Date: 2/10/2004 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: Office Address: Mailing Address: .Principal Office Office Address: Mailing Address: Officers GAME, PHIL 6605 COVE POINT DRIVE WILMINGTON NC 28409 6605 COVE POINT DRIVE WILMINGTON NC 28409 6605 COVE POINT DRIVE WILMINGTON NC 28409 6605 COVE POINT DRIVE WILMINGTON NC 28409 Title: MANAGER Name: PHILIP W BAME Business Address: 6605 COVE POINT DRIVE WILMINGTON NC 28409 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 1142 http:Hwww.secretary.statexe.us/corporations/Corp.aspx?Pitemld=6191208 7/31 /2013 CA201210803959 AMENDED LIMITED LIABILITY COMPANY A 4 J• NAME OF LIMITED LIABILITY COMPANY: TRAYBENCAR, L:L.C. SECRETARY OF STATE ID NUMBER: 0710808 STATE OF FORMATION: ,NC REPORT FOR THE YEAR: 2012 6*1111161"F-'90*161il411#11F[tj4.1W1(1►1101 Xirlltl*1:l 1. NAME OF REGISTERED AGENT: Phil Bame 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 6605 Cove Point Drive Wilmington, NC 28409 New Hanover SECTION B: PRINCIPAL OFFICE INFORMATION SOS] D: 0710809 Date Filed: 4/17/2012 3:59:00 Pill Elaine F. Marshall North Carolina Secretary of State 1210803959 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 6605 Cove Point Drive Wilmington, NC 28409 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate .2. PRINCIPAL OFFICE PHONE NUMBER: (919) 39575031 3. PRINCIPAL OFFICE EMAIL: 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY S. PRINCIPAL OFFICE MAILING ADDRESS 6605 Cove Point Drive 6605 Cove Point Drive Wilmington, NC 28409 New Hanover Wilmington, NC 28409 SECTION C: MANAGERSf MEMBERSIORGANIZERS (Enter additional ManagerstMemberslOrganizers In Section E.) NAME: Philip W Bame CIA TITLE: Manager TITLE: ADDRESS: ADDRESS: 6605 Cave Point Drive Wilmington, NC 28409 NAME: TITLE: ADDRESS: SECTION D: CEUBCATION QEANNUAL REPORT, Section D must be completed in its entirety by a person/business entity. SIGNATURE Form must be signed by a ManagedMember listed under Section C of this form. DATE PHrCip N. 6AtMME -- — - - Print or Type Name d ManagedMember TntE THIS ENTITY DOES NOT OUALIFY FOR THE 2011 ANNUAL REPORT. FILING FEE EXEMPTION GRANTED UNDER SL2010-31 SUBMIT THIS ANNUAL REB)ff MM THE REWIRED FILING FEE OF 510.00 MAIL TO: Secretary of State, Caaporadons DMslo n, Post Office Box 2$525. Raleigh, NC 27626-0525 New Hanover County Page 1 of 1 We rw :Ruin *e,r C amn v ► Prafrle Sales Resideatraal Gonrrlercial Misc. Improvements Permits Land Vahres Agm4t rW Sketch Full Legal Exemptions Sub-lpa (s) Info Original Parcel Info Pmcd Map Home Property Records PARID: R08800-00"02-001 SNOWS CUT CROSSING LLC Parcel Alt ID Address Un it City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal I CONTACT US I HELP i NHC Ta71'Hume:�; Register.Ol+Deeds'. Florae Owner Address Parcel ID Advanced 1401 LAKE PARK RLV N CURRENT RECORD N :4 3of3 V. III Return to Search Results 313118.21.9453.OD0 1401 N LAKE PARK BLV CAROLINA BEACH CAOB7 COM-Commercial 528-Neighborhood Retail 1 7.5271 HB•HB Legal Description ((7.50A) OUTPARCEL 1 SNOWS CUT MARKET PLACE Tax District CB Owners Owner SNOWS CUT CROSSING LLC City CHARLESTON State SC Country Zip 29402 THE DATA IS FROM 2013 fS Printable Summary la Printable Version Property Owner Questionnaire Data Copyright New Hanover County [Disclaimer] [Privacy Policy) Last Updated: July 28, 2013 7 Site Design Copyright 1999-2012 Tyler Technlogies. All rights reserved. http://etax.nhcgov.com/datalets/datalet.aspx?mode=profileaII&slndex=4&idx=3&LMparent... 811 /2013 2095013394 After recording, please return to: FOR REGISTRiiTION REGISTER OF DHEpb Elizabeth A. Karmin, Esq. NE�IR�HANOVER COUNTY " He Akin Gump Strauss Hauer & Feld LLP 2005 MR 1910:27:54 M 1333 New Hampshire Avenue, N.W. BK:4710 PG:937-945 FEE435.00 Washington, D.C. 20036 u� I91W I M019N DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this "Declaration'), dated March J 4� 2005, is made by FOOD LION, LLC, a North Carolina limited liability company ("Declarant" and "Grantor" for recording purposes), whose address is Food Lion, LLC, 2110 Executive Drive, Salisbury, NC 28145-1330. RECITALS Recital 1. Declarant is the owner of certain real property described on Exhibit A attached to this Declaration (the "Restricted Property"); Declarant is the owner of certain other real property described on Exhibit B attached to this Declaration (the "Benefitted Property"); Declarant also is the lessee of certain other real property owned by Snow's Cut Crossing, LLC described in Exhibit C attached to this Declaration (the "Leased Property"). Recital 2. Declarant desires to subject the Restricted Property to,this Declaration for the benefit of the Benefited Property and for the benefit of Declarant personally as lessee of the Leased Property. NOW THEREFORE, in consideration of the foregoing Recitals, each of which is made a part hereof and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Declarant hereby declares that it hereby subjects the Restricted Property to the covenants, conditions and restrictions set forth below: OWN07.0106 EAST 7250476v4 RETURN TC [ eOA [)a3CX.Q4 New Hanover County Page 1 of 1 PARID:11108800-005-002-001 SNOWS CUT CROSSING LLC 1401 LAKE PARK BLV N Sales Sale Date Sale Price Grantee Grantor 13-OCT-05 $0 FOOD LION LLC (DEC LARATIONICOVENANTS) FOOD LION LLC (#2553) 18-MAR-05 $0 FOOD LION LLC SNOWS CUT CROSSING LLC 17-DEC-04 $0 SNOWS CUT CROSSING FOOD LION LLC 04-NOV-03 $0 CAROLINA POWER & LIGHT CO SNOWS CUT CROSSING LLC 27-OCT-03 $0 SNOWS CUT CROSSING LLC SNOWS CUT CROSSING LLC 27-DEC-01 $750,000 SNOWS CUT CROSSING LLC FOOD LION LLC 27-DEC-01 $0 FOOD LION LLC FOOD LION LLC 11-DEC-01 $0 FOOD LION LLC CORBETT J RICHARD 21-SEP-01 $2,760,000 FOOD LION LLC CORBETT J RICHARD 21-SEP-01 $0 FOOD LION LLC CORBETTJ RICHARD 09-MAR-GO $0 CORBETT J RICHARD FEDERAL POINT ASSOCIATES 14-APR-78 $168,500 FEDERAL POINT ASSOCIATES ARMSTRONG L R DOROTHY N Book Page Sale Key 4920 1677 390768 4718 0937 346299 014M" 4608 0772 346298 - Sint 4081 0407 346297 4070 0698 346296 I , �J 3152 0481 346295 - Deed p �-L 3152 0467 346294 3136 0726 346293 3051 0845 346291 3051 0848 346292 2716 0796 346290 1129 0468 346289 Sale Details 1 or 12 Sale Date 13-OCT-05 Sale Key 390768 Sale Price $.00 Grantee FOOD LION LLC (DEC LA RATIONICOVENANTS) Grantor FOOD LION LLC (#2553) Sale Source D-Deed Stamps (Unverified) Book 4920 Page 1677 Sale Validity U-Unqualified Sale Type Sale Flag STEB Instrument # Instrument Type Deed Adj. Reason Adj. Price Adj. Amount 4-7Lt't:� LLB own t�v f 26 , Z C 2a OP ('7, Sic 44 12ig S�IUw� Cam' Crv55��� Gw+�s 1 http:/lctax.nhcgov,com/Datalets/l)rintDatalet.aspx?pin=RO8800-005-002-001 &gsp=SALES... 8/ 1 /2013 STATE OF NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD SECTION TIME/DATE NAME REPRESENTING Guidelines for Access: The staff of Wilmington Regional -Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: I. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:0flvm. Viewing time ends.at 4:45pm. Anyone arrivinu without an appointment may view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is .05.cents for copies, Payment may be made by check, money order, or cash at the reception desk.^ Copies totaling $5.00 or more can also be invoiced for your convenience. 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, large totes, etc. are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee wi11 be charged and collected for checks on which payment has been refused. FACILITY NAME 2, 3. H U Signature and Name of Firm/Business Please attach a business card to this farm Date Time in COPIES MADE PAID INVOICE COUNTY 0W . Time Out c--,) Ca Ran rapt ali KntiSVn2, 'S L+6ERNA'!!NJ_"FIG'�°CfCRIIO. mom +Eaoty� •.cif -M* Eo�ervam w. p..nrex au eaa. earrm u vH.w..da n+aaa.�ox scare n em rrt� n,ar r[,c uro tr r+.•m!w 4y c.�au� p l��odn N' u! ;ray eµ-WU Ia[L✓fJ IL Kr/�rn•4Z �� G5. a1-]G +9 W-N9'�. xT .3f Vr 0!Y wL Y4wlUC. LSE�:4r� MMRR+VO • x mp 31] •Mrp AaC.�YW[. 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Tr8 ehca�- LLC woer o Lf Monty Recoulley Commercial Broker (910) 685-5201 mobile (910) 239-5794 office (910) 777-2727 fax �'her�1 I COMMER ALGI I�/Ii1PXESSENTIAL ,_ 'f ^165UMilita Cutoff1Rnad,Suite'a100};,�,} �,._..�,..._,. .;wr• Ir.:»i'r=E(�"s:iiz44"�irF����''����}�i•��!j�it�FF�F � — •.::. �r .Wiirnm tan; NCi,284fk3�...:,€:. a � u:r, t� � �r•rc.i�.i r:n,'°rv.:rr7r9i f�`.ff'ir'rufii l�`r„y, •, ,.•�{ 4.••rr,•:$r�' ir.it �.rr s. :::= .;:..::• p�j •�..� ��.,.��-,u``�t•_�tti�fi.�i�llr�ttrG�faGr{7� :,;:thrY�r' T:'is7i_7fitierrtl.FrC%st+rl:.7r-•,..u_rl �r�'�il !tj I I I 1 I + l I ! I E p! 1 3 E I { E � k I II If IE If i I I If i I! - II f � 4� II fE ' II 1� IE I! if II If II ,E If ' f I I E PRaJMINARY DESIGN — NOT RELEASED FOR CONSTRUlt I • I { +I 8 8 HC 01C HC H CnON) ,a I I fl I swlscH I .y F.F. ELEV 8.3Q B°x I I — 1RAYBENCAR, LLC I �j Ic I- ,8• III I I 1i I I i I I -v- RE: Walgreen's Carolina Beach Subject: RE: Walgreen's Carolina Beach From: "Mark Hargrove" <mhargrove@wkdickson.com> Date: Thu, 3 Jun 2004 14:33:10 -0400 To: "Linda Lewis" <Linda.Lewis@ncmail.net> Snow's Cut Crossing sold the lots to Food Lion. 14y client is buying the lots from Food Lion. Shouldn't there have been some deed restrictions recorded for the lots when they were sold? Thanks Mark -----Original Message ----- From; Linda Lewis [mailto:Linda. Lewis @ncmai1.net] Sent: Thursday, June 03, 2004 12:40 PM To: Mark Hargrove Subject: walgreen's Carolina Beach Mark: I finally found the Walgreen's permit. For some reason, the database did not include the Carolina Beach Walgreen's in the search results. when you said something about Snows Cut Crossing, LLC being the permittee, I looked it up by owner and there it was- Sw8 030727. Since the Walgreens was permitted to Snows Cut Crossing as an offsite project, there was no need to modify the plans to show outparcels. However, if Snows Cut Crossing, LLC has subdivided outparcels, and your clients are purchasing those outparcels from Snows Cut Crossing, LLC, they will need to be restricted in BUA before they are sold, and the new owners will have to submit an offsite application to the Division. Linda i of 1 6/3/2004 2:42 PM Snows Cut Crossing Subject: Snows Cut Crossing From: Linda Lewis <Linda.Lewis @ncmail. net> Date: Fri, 28 May 2004 09:53:21 -0400 To: Mark Hargrove <mhargrove@wkdickson.com> Mark: The approved plans do not show any outparcels, only large chunks of "Future Development." I have nothing in the plans to indicate that the future development areas have been parceled out, so I am unable to give you BUA limits based on OP number. However, Basin 3 was designed with a maximum BUA of 202,554 sq. ft. all of which was designated as "future development". If the outparcels you are designing for were sold by Mr. Ravenel to your client, the OP's will need an offsite permit. Additionally, Mr. Ravenel will need to modify his permit to account for the "further subdivision of the project area", which requires a modification. If the OP's are owned by Mr. Ravenel and are being leased by your client, I will still need a revised overall map of the project showing the OP property boundaries, and two sets of detailed layout/grading plans of the OP development. The OP development would then be just a plan revision, to be approved after the Master permit is -modified to reflect the subdivision of the future development areas into outparcels. Linda 1 of 1 5/28/2004 9:54 AM FOR REGISTRATION REGISTER OF DEEDS r REBECCA T. CHRISTtPW 2001 SEPv2211 04:15COLWY�l " ax!3051 K:a4"50 FEE:ss10.00 INSTRUMENT 0 2001042400 NO TILTLE SEARCH HAS BEEN REQUESTED AND NO SEARCH HAS BEEN PERFORMED. Prepared by: MURCHISON, TAYLOR & GIBSON, L.L.P. 16 North Fifth Avenue, Wilmington, NC 28401 STATE OF NORTH CAROLINA Tax Parcel No.'Kd Woo -005-- VC, 2 —pD 1 COUNTY OF NEW HANOVER QUITCLAIM DEED Excise Tax: _ $0.00 THIS DEED, made this '21+ day of September, 2001 by and between J. RICHARD CORBETT, unmarried (herein called "GRANTOR"), and FOOD LION, LLC, a North Carolina limited liability company, whose mailing address is 211 Executive Drive, Salisbury, North Carolina 28145 (herein, whether one or more, called "GRANTEE"), WITNESSETH THAT: SAID GRANTOR, in consideration of the sum of One Dollar ($1.00) and other valuable considerations, the receipt of which is hereby acknowledged, has remised and released and by these presents does remise, release and forever quitclaim unto the GRANTEE, its successors and assigns, all his right, title and interest in a certain tract of land lying in New Hanover County, North Carolina, more particularly described as follows: BEING all of those certain tracts or parcels of land in New Hanover County, North Carolina described as "Outparcel 2," "Outparcel 1/Shopping Center," "Outparcel 4" and "Outparcel 9" on that certain plat entitled "Map of Division/Snows Cut Market Place" recorded In Map Book 41 at Page 18 in the New Hanover County Public Registry. TO HAVE AND TO HOLD the aforesaid tract of land and all privileges and appurtenances thereunto belonging to it the said GRANTEE, and its successors and assigns free and discharged from all right, title, claim or interest of the GRANTOR or any one claiming by, through or under him. IN TESTIMONY WHEREOF, the GRANTOR has hereunto set his hand and seal the day and year first above written. 29189 RETURN / STATE OF NORTH CAROLINA i COUNTY OF Q.Y 1, C�j NL13r R _ \K SG l a r , a Notary Public in and far the State and County aforesaid, do certify that J. Richard Corbett personal appeared aa� peared before me this day and acknowledged the due execution of the foregoing quitclaim deed. WITNESS my hand and official seal this _QjL day of �, 2001. � Notary Public' 1 �k \ . K �,. EQt My commission expires: 29189 t F] REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 rift#!!f!w•wfRwwfwt#A#RRRwRRRRRiiiRRwffilitritriritritriilAi#fwwi####\##RwiRw#fRRf#RRRRtltttttttlY#*#*R*R*i**Ri#iR###Rff! Filed For Registration: Book: Document No.: 09/2112001 04:15:31 PM RE 3051 Page: 848-350 2001042466 DEED 3 PGS $10.00 Recorder: PATRICIA BARNES ri//!\liririfrif ri/lfififfri/rif/#ilRRR}rilliitRRARRRRRR#*R*tt*fiifR#f1RRRRR*RR*RR#RRwRflrit}tffRRRR*RRf*flwtiritiifi/// State of North Carolina, County of New Hanover The foregoing certificate of SANDRA S HAIGLER No a fed to be co ct. This 21 ST of September 2001 REBECCA T. CHRISTIAN , REGISTER OF DEEDS By: Deputy/As t Regidter of Deeds Rriririfririf /i}Rri}iifri RRR}}RNrifRtri RriR!lirifflflfi Hiifflf/!/tritfi ififflrilitRRilrifrifi/if/Rf}RRRRRR*R#f*wHRrit *2001042466* ` 1151111M,1-ri NO TITLE SEARCH HAS BEEN REQUESTED AND NO SEARCH HAS BEEN PERFORMED. Fw► R1111r Rpr1011 REcrsrarr OF pE.Fpg WBECCa 7 AfZ1,T Prepared by: MURCHISON, TAYLOR & GIBSON, LLP 8KT5'241 �$°a``el"T�T � W r 3T-16 North Fih Avenues Wilmington, NC 28401 M FN800105 a; teeo as NORTH CAROLINA Tax Parcel No. R08e00-005-002-001 NEW HANOVER COUNTY SPECIAL WARRANTY DEED THIS DEED, made this loth day of December, 2001, by and between Food Lion, LLC, a North Carolina limited liability company (herein, whether one or more, called "GRANTOR'), and Snow's Cut Creasing, LLC, a South Carolina limited liability company, whose mailing address is 180 Meeting Street, Suite 330, Charleston, SC 23401, Attn: Thomas J.J. Ravenel (herein, whether one or more, called "GRANTEE'). WITNESSETH THAT: The GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto GRANTEE, its successors and assigns forever, all that certain real property located in New Hanover County, North Carolina, described as follows: ALL THAT certain parcel of land, lying and being in that part of New Hanover County, North Carolina, known as Federal Point Township, and being more particularly described as follows: BEING that parcel of land designated as "Outparcel 1/Shopping Center" as shown on that certain subdivision plat entitled "Map of Division Snows Cut Market Place," prepared by Stocks Land Surveying, P.C., dated May 21, 2001, and recorded in Map Book 41 at Page 218 in the New Hanover County, North Carolina, Public Registry. IT BEING a portion of the same property conveyed to Food Lion, LLC, a North Carolina limited liability company, by deed from J. Richard Corbett, unmarried, dated September 21, 2001. and recorded J"&=ber 21, 2001 in Deed Book 0051 at Page Q45&848in the New Hanover County, North Carolina, Public Registry. TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the GRANTEE, its successors and assigns, in fee simple, forever. And the GRANTOR, for itself, its successors and assigns, does covenant to and with the GRANTEE, its successors and assigns, that GRANTOR has done nothing to impair such title to the property described herein as GRANTOR received, and GRANTOR will warrant and defend title to same against the lawful claims of all persons claiming by, unifier or through GRANTOR, its successors and assigns, subject, however, to that certain Declaration of Reciprocal Easements, Covenants and Restrictions executed by Grantor and recorded herewith, and all easements, covenants, and restrictions relating to the subject property. 30884 Ao�telted To M'*C, IN TESTIMONY W ER.EOF, the GRANTOR has caused this document to be signed as of the day and year first above written. FOOD LION, LLC, a North Carolina limited liability company By Name: Its: Mg_- AtrI9,,drRi!' 17f JW lsiW, STATE OF COUNTY OF I, i a Notary Public for said County and State, do hereby certify that (title) of FOOD LION, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing ir>stnrment on behalf of the company. WTTNBSS my hand and official stamp or seal, this Cl of Dccember, 2001. it$ M�Jlh- LM 30894 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 RkR!•***flHi RRRRMli*Ri#i*****f***Rif#**f *******f *fk##*ffiiM f fikkk!*A***i***!*#**!***�**!!*#**Rfwi**H!*#**Ni*lfillfif Filed For Registration: 12127/2001 09:33:01 AM Book: RE 3152 Page: 481483 Document No.: 2001067792 DEED 3 PGS $10.00 NC REAL ESTATE EXCISE TAX: $1,500.00 Recorder. PATRICIA BARNES MiiRwiwafRlffli#*fff*11!**lfwf*f!!i#lflwwwflif*fff*!ii!!f!!#*!**ff*11**********if#R**!f#R!#ff#**!f*w**w1*f*!#fff#1!f**wwf State of North Carolina, County of New Hanover The foregoing certificate of PATRICIA M ALLIGOOD Notary Is certified to be correct. This 27TH of December 2001 RIEL.C�HRISTIA , REGISTER OF DEEDS BDRe ster of Deeds iMrw Nkiwwiiiiw#M#f ilfi*****iik***iiwwr*f f iii li#*RR*f***!**ff!**Mi!***1**f N!!Rf*fliRff fff**f R***M**Rf#RfRfli**flrf*f *2001057792* 200'105"92 FOOD LION #9ss 3 CAROLINA BEACH, NC After recordin mail to: Food Lion Post Office Box 1330 Salisbury, NC 28145-1330 Attention.: Real Estate Department FOR REGISTRATION REGISTER OF DEEDS REBECCA T. CHRISTIAN NEW HANDWR COUNTY NC 2001 N0V 17 03130af,8 PM B[ii6TIRtINENT7WVS FEE`16.OD MEMORANDUM OF LEASE This Memorandum of Lease is made this zo $- day of 2001, between SNOWSCUT CROSSING. LLC, a South Carolina limited lfabllity sompany (hereinafter referred to as "Landlord"), and FOOD LION, LLC, a North Carolina limited liabilty company (hereinafter referred to as "Tenant"). WITNESSETH: Landlord and Tenant have entered into a lease (the "Lease") dated 2001, whereby Landlord has leased to Tenant a portion of the real property (the "Property"), Carolina Beach, New Hanover County, North Carolina, the legal description of which Property is set forth on Exhibit "A" attached hereto. The portion of the Property leased to Tenant by Landlord shall hereinafter be referred to as the "Demised Premises." The Lease contains provisions and rights appurtenant to the Property, some of which are as follows: I, Term. The term of the Lease (the "Tcxm") is for a period of twenty (20) years, commencing on the pent Commencement Date (as established in the Lease. Thereafter, Tenant has the right under the lease to renew and extend the term of the Lease for four (4) successive periods of five (5) years each. II. Exclusive. Use Riatus. The Lease provides that, during the Term, Landlord, its successors, assigns, representatives, heirs, any person(s) or entity(ics) having a direct or indirect interest in Landlord, or any Wholly -Owned Subsidiary or Affiliate of Landlord, shall not sell, lease, rent, occupy or permit to be occupied any premises owned or controlled by Landlord or such other parties which are within the Shopping Center or within one (M) mile (as measured on public or private roads) of the Property, and which are to be used for a supermarket, convenience food store or otherwise for the sale of, without limitation, (1.) packaged or fresh seafood, meat or poultry for off -premises consumption, (2) packaged or fresh produce or vegetables for off -premises consumption, (3) packaged or fresh dairy products (excluding cone ice cream) for of -premises consumption, (4) packaged or fresh bakery products for off -premises consu niptioa, (5) other grocery items, (6) tobacco or tobacco products, (7) fresh flowers, floral arrangements, green and blooming plants, gift items and other floral merchandise, bedding plants, tropical vreen plants pgtnpkins during the Halloween season, or Christmas trees during the Christmas season, or (8) beer, wine and package liquors for off -premises consumption (except for beer, wine and package liquors sold by a governmentally -owned facility), or any of them; provided, however, that these restrictions shall not apply to premises owned or controlled by Landlord or the other parties described above if such premises (i) are already used for the purposes stated herein at the time of execution of the Lease, (ii) are disclosed in writing to Tenant prior to the time of execution of the Lease, and (iii) continue to be used for such purposes. In addition, Landlord shall not sell or otherwise convey any such premises without imposing thereon a restriction to secure Record of Poor Quality Due To Condition of Original DOcwnmd C.S.16144 compliance herewith, or permit any tenant or occupant of the Property or any part thereof to sublet or assign in any manner, directly or indirectly, any part thereof to any person, firm or corporation engaged in any such business described above, without the prior written consent of Tenant, which consent may be withheld by Tenant in Tenant's sole discretion. Notwithstanding the foregoing, (i) Landlord shall have the right to lease shop spaces, not to exceed 1.750 square feet per store, located on the Property to an ice cream or yogurt store (similar to a Bresslers or a TCBY� an "exclusive, upper -end" candy store, a health food store, or a pizza restaurant or other type of restaurant facility selling prepared and precooked food for "take-out" only, and Landlord may lease or sell certain out -parcels identified in the Lease to a nationally -known restaurant similar in operation to the restaurants listed in Article 5.E. of the Lease, provided such wstairwts Ji) are operating their husinecses in the appza manner as they operate as of the date of the Lease, (2) do not violate the restrictions described in Article 2.A. of the Lease, (3) only sell beer and wine for on - premises consumption ancillary to the sale of food products and such beer and wine sales do not exceed fifty percent (50%) of the business conducted therein, and (4) do not, without Tenant's prior written approval (which approval may be withheld in Tenant's sole and absolute discretion), sell alcoholic beverages other than beer and wine, and (ii) in the event Landlord's mortgagee, acting solely as a lender and not as a real property owner, purchaser or developer, succeeds to Landlord's interest and rights under the Lease either through foreclosure, deed in lieu of foreclosure, or other legal means similar to foreclosure, the restrictions contained in this Article H shall not be breached on account of Landlord's mortgagee or Landlord's mortgagee's successor owning, prior to the date on which such Landlord's mortgagee or Landlord's mortgagee's successor succeeds to Landlord's interest and rights under the Lease, an existing shopping center containing a supermarket or similar store within the area described in this Article II. III. Dther Restrictio . Without the prior written consent of Tenant, which consent may be withheld in Tenant's sole discretion, or as otherwise provided in the Lease, none of the following shall be permitted to operate within the boundaries of the Property or any out -parcels thereto in a location nearer than five hundred (500) feet to the entrance of the Demised Premises: (i) restaurant, (ii) theater of any kind, (iii) child care center, (iv) skating rink, (v) bowling alley, (vi) billiard or bingo parlor, (vii) flea market, (viii) massage parlor, (ix) funeral home, (x) off-track betting parlor, (xi) carnival, amusement park or circus, (xii) shows or sales by merchants utilizing vehicles or booths in the Common Area, (xiii) facility for the sale and/or lease of new or used motor vehicles, trailers or mobile homes, (xiv) banquet hall, auditorium or other place of public assembly, (xv) training or educational facility (including, without limitation, a beauty school, barber college, school or other facility catering primarily to students or trainees rather than customers), (xvi) gymnasium, sport or health club or spa, (xvii) dairy store, (xviii) establishment which sells alcoholic beverages for on- or off -promises consumption, or (xix) any other recreational or entertainment -type activity. Furthermore, notwithstanding any other provision contained herein or in the Lease to the contrary, Landlord shall not operate or lease (or permit to. be operated or leased) any building, tenant space, or other area on the Property for the following uses: (1) any use which involves the raising, breeding or keeping of any animals or poultry; (2) any dangerous or unsafe uses; (3) any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses; (4) any mining or mineral exploration or development except by non -surface means; (5) any use which may require water and sewer services in excess of the capacities allocated to the Property by any governmental authority; (6) any noxious or offensive activity which Tenant deems objectionable and adverse to the preservation of property values of the Property; (7) any religious use or use of any improvement on the Property, either temporarily or permanently, as a church, temple, synagogue, mosque, or the like; (8) any facility for the We of paraphernalia for use with illicit drugs; (9) any facility for the sale or display of pornographic material (as determined by community standards for the area in which the Property is located); or (10) any use which violates any statute, rule, regulation, ordinance or other law of any governmental entity, including but not limited to any statute, rule, regulation, ordinance or other law concerning hazardous wastes or toxic substances and all flood plain, industrial waste and other ordinances of the city or any other governmental body in which the Property is located. IV. Succes_ Vrs. The covenants, conditions and agreements made and entered into by the partio%bercto &.all be binding upon and inn a ts#he bmiefue of their respective heirs, administrators, executors, representatives, successors and assigns. V. IncoMgration of Lease. All terms and conditions of the Lease are hereby incorporated herein by reference as if fully set forth herein. VI. Defined Tem}s. Unless otherwise indicated herein, all capitalized terms used herein shall have the meaning set forth in the Lease. VH. ConfliW y ith.Lease. This Memorandum of Lease is solely for notice and recording purposes and shall not be construed to alter modify, expand, diminish or supplement the provisions of the Lease. In the event of any inconsistency between the provisions of this Memorandum of Lease and the .....,,,.-..... CtU., r A,..---- r.x,, r .........7-11 ......_.... IN WITNESS WHEREOF, this Memorandum of Lease has been duly executed by the parties hereto as of the day and year lust above written. > .W-1 1 l I i Witnessed by: WIN (SEAL) LANDLORD SNOW'S CUT CROSSING, LLC, a South Carolina limited liability company BY: EAL) Tho IT Rav Membar/Mmager TENANT FOOD LION, LLC, a North Carolina limited liability comnanv BY: STATE 0 CITYXOJ;�OP L r r'"4o-wit: I, `�• r� Notary Public of the County and State aforesaid, certify that eAA.el r ovally came before me this day and ackqWlcdg,d t s of a X+�_�LL.csi(�.a�imited liability company, and that by authority #ven and as the act of the limited liability the foregoing instrument was signed in its name by its a? •... ti"�Z j • _+' 'i}ness my hand and official stamp or seal this day of7rltLi 2 O1. W. i• l� V I �{ �"T''iF Notary Public Debra, B. Till man commission expires: "m - ji L SEAL) Sa •. STATE OF NORTH CAROLINA COUNTY OF ROWAN, to -wit: This g *i day of , 2001, personally came before me, a Notary Public for said Cc.unty and Sts'.e, F_ Oicnre l7i�ec n J r., Q��ng by me duly sWorn, says that he is Vice.President of Food Lion, LLt' h'd That the seal affix, -A to the fowgoing instrument in ►x-iting is to cmporate seal of said Food Lion, LLC and that said writing was signed and sealed by him in behalf of said limited liability company by its authority duly given. The said Vice President acknowledged the said writing to be the act and deed of the limited liability company. WITNESS my hand and notarial seal. Notary PublicS•e�ve�-- �F'5'Oa l LEGAL DESCRIPTION FOOD LION, LLC, TO SNOWS CUT CROSSING, LLC ALL THAT certain parcel of land, lying and being in that part of New Hanover County, North Carolina, known as Federal Point Township, being that parcel of land designated as "Outparcel 1 Shopping Center" containing 7.50t acres as shown on that certain subdivision plat entitled "MAP OF DIVISION, SNOWS CUT MARKET PLACE, FEDERAL POINT ASSOCIATES TRACT - DEED BOOK 1129 PAGE 468, FEDERAL POINT TOWNSHIP, NEW HANOVER COUNTY, N.C.," prepared by Stocks Land Surveying, P.C., dated May 21, 2001 and' recorded in Map Book 41 at Page 18 in the New Hanover County, North Carolina, Public Registry and being more particularly described as follows: To find the Point and Place of Beginning, begin at a point on the western right of way line of U.S. Highway #421, a public, 150 foot right of way, said point being located North 010 19' 26" East a distance of 392.35 feet from the intersection of the western right of way line of U.S. Highway #421 and the eastern right of way line of S.R. #1577, also known as Bridge Barrier Road (old U.S. Highway #421), a concrete monument in the western right of way line of U.S. Highway #421, said monument marking the southeastern comer of a tract of land conveyed to Food Lion, LLC, thence proceeding along the western right of way line of U.S. Highway #421 North 01' 19' 26" East a distance of 52.78 feet to a point on the western right of way line of U.S. Highway #421, thence proceeding North 01' 02' 03" East a distance of 461.62 feet to a point on the western right of way line of U.S. Highway #421, which point is designated as the POINT AND PLACE OF BEGINNING. Thence turning from the western right of way line of U.S. Highway #421 and proceeding North 88' 59' 08" West a distance of 478,16 feet to a point on the eastern right of way line of S.R. #1577, thence turning and proceeding along the eastern right of way line of S.R. #1577 in a northerly direction along a curve to the right having a radius of 1,909.86 feet, a chord bearing of North 02' 14' 25" West and having a chord distance of 636.14 feet to a point on the eastern right of way line of S.R. #1577, thence turning and proceeding Soutb 880 57' 34" East a distance of 514.50 feet to a point on the western right of way line of U.S. Highway # 421, thence turning and proceeding along the western right of way line of U.S. Highway #421 South 01' 02'03" West a distance of 634.88 feet to the POINT AND PLACE OF BEGINNING. IT BEING a portion of the same property conveyed to Food Lion, LLC, a North Carolina limited liability company, by deed from J. Richard Corbett, unmarried, dated September 21, 2001, and recorded. in Deed Book _ at Page in the New Hanover County, North Carolina, Public Registry. MN ORU825137131Foodhon\Carolina BeacKzgal Dcsc outpamel 1 002 Rcvised.doc ` ., 's, 0 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 l/ffirrrY#f#efr#rrrrrfrrffffrrfrrrRRRirrRfrRRRRwrri+�rrrrrrrRffrr#RrfRlirrRiRflrarRRflrrrffrff Rff RdRrRRRRRRfff4#RleRRRRfr Filed For Registration: Book: Document No.: 1111912001 03.,30:56 PM RE 3110 Page: 769-775 2001051928 MEMO 7 PGS $18.00 Recorder: MARVIS ANN STORER f!lffiii#R!f YHRYfYYfRRflrfifRwwfRfwRARR lR RRwfi#AwAR#iRwff RiRrA#HRRf RrrwffRlwwffflwAw!liR rRRRwRRfRA/if iflfwiRiwR AifiRRR State of North Carolina, County of New Hanover The foregoing certificate of DEBRA B TILLMAN , CRYSTAL S KEEVER Notaries are certlfled to be correct. This 19TH of November 2001 REBECCA T. CHRISTIAN , REGISTER OF DEEDS By; 5 W 1' Vf DeputylAaakftO Register of Deeds l!/!r#fffWlRYftfiffiilfifr/ififRAAfwwlwifrrRwRfiRAAfffRRRifiRRRA/firlriRrfriRRrA#MlrArRRrwRrwRRRRwfwwrirR#ArARwwRR/fAww *2001051928* a+aws crLUM r� "a--_----- PA" �. �t '�>"hllli llt 7 �' A ( II 1 "'-•il �I 1 Q fftEedLLIOIIs 'dyQr3 4, sll} `t+'t+,i+t , tl''11,1 t- — _ _ *��' �7-� � �` � � v.cun cwa ; ,' _ ,� 4 � e u..s ...��.�,l..c• 7] 1� I - f Ix� I' n,'1 i _� ..rw.4t rra.rt xwa w.0 sma v .wic Li F m„-z c y i i III r� s i Ir N PARM i U] myaec eecoleunv. 1�._ -• � +i / a« .. '--.. — �,�m ''" � —� \} � 1 Q.mcvvwt rnr�r nrws •..,..wua�'' .•�+'a�`.sna o .e �w....io �` + `\ ? L ri .n, �/ aMm�*E* v . j ) U7_ `..n w...e FEDEPAL POW 1 f ` .. _ .� SrID'W S CUT CROSSING, LLC sr+ows OUT WwAP M D WK ter.. e ' CUT u M%UNMCROSSING, weOWS OF wmwm i 1 ems.— M 0[WdicFIIT CaW9RATtN WP 8" 41, PA M auwlcsrot x »wl Mwp 6»r. 45 pais. V% � ilOo3o1.951q �� RECOROE09Y MT1G, v�f?i �2c3v 3 - 3/to ors I,70°.°o Ilnl�lll�Il��I�I�I����NI�� 2003068380 FOR REGISTRATION REGI!TO OF OEE05 RE BECCH T CF1iI&IAN NEW FiANO"'R COUNTY Ne 2003 OCT 27 04-59A PM BK 4070 PG,689-692 FEE 420 00 A REV STW.S1,5ffi.N INS 161 1MAN SPECIAL WARRANTY DEED NO TITLE SEARCH HAS BEEN REQUESTED AND NO SEARCH HAS BEEN PERFORMED. Prepared by: MURCHISON, TAYLOR & GIBSON, PLLC RETURNED TO 16 North Fifth Avenue, Wilmington, NC 28401 QW.0"" itkoo." NORTH CAROLINA Tax Parcel No.916 DOD NEW HANOVER COUNTY THIS DEED, made this :?A day of October, 2003, by and between Food Lion, LLC, a North Carolina lurnted liability company (herein, whether one or more, called "GRANTOR"), and Snow's Cut Crossing, LLC, a South Carolina limited liability company, whose mailing address is 180 Meeting Street, Suite 330, Charleston, SC 23401, Attn Thomas 1 I Ravenel (herein, whether one or more, called "GRANTEE) WIThiESSFTH THAT The GRANTOR, for and in consideration of the sum of Ten Dollars (S1000) and other valuable considerations to it in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto GRANTEE, its successors and assigns forever, all that certain real property located in New Hanover County, North Carolina, described as follows SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the GRANTEE, its successors and assigns, in fee simple, forever And the GRANTOR, for itself, its successors and assigns, does covenant to and with the GRANTEE, its successors and assigns, that GRANTOR has done nothing to impair such title to the property described herein as GRANTOR received, and GRANTOR will warrant and defend title to same against the lawful claims of all persons claiming by, under or through GRANTOR, its successors and assigns, subject, however, to that certain Declaration of Reciprocal Easements, Covenants and Restrictions executed by Grantor and recorded in Book 3152, Page 467 in the New Hanover County Public Registry, and all easements, covenants, and restrictions relating to the subject property 3Oss4 IN TESTIMONY WHEREOF, the GRANTOR has caused this document to be signed as of the day and year first above written. FOOD LION, LLC, a North Carolina limited liability company w��t li�ir�ir�l STATE OF /7DT6,! COUNTY OF, IClIlyr�� h l� a Notary Public for said County and State, do hereby c that A, Ill r° Jes- cif �(htle) of FOOD LION, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company WITNESS my hand and official stamp or seal, this a�ay of October, 2003 �Pubhc My Commission Expires: MyyCammissIon Drilres January 12, 2C44 01-1ri EXHIBIT A BEING ALL OF THAT certain tract or parcel of land, lying and being in that part of New Hanover County, North Carolina, known as Federal Point Township, and being more particularly described as follows - BEING that certain tract or parcel of land containing 1 691t designated as "Outparcel 2A' as shown on that certain subdivision plat entitled "Snow's Cut Crossing Subdivision of Outparcel 2 Map Book 41, Page 218 Federal Point Township, Town of Carolina Beach New Hanover County, North Carolina', prepared by David M Edwards, P L.S., dated August 27, 2003, and recorded in Map Book yS' at Page -a in the New Hanover County, North Carolina, Public Registry (the "Subdivision Plat"), THE SAME BEING a portion of the property conveyed to Food Lion, LLC, a North Carolina limited liability company, by deed from J Richard Corbett, unmarried, dated September 21, 2001, and recorded September 21, 2001, in Deed Book 3051, at Page 845, in the New Hanover County, North Carolina, Public Registry, TOGETHER WITH AND SUBJECT TO all rights, duties and casements appurtenant to the above -described Outparcel 2A as more fully described in that certain Declaration of Reciprocal Easements, Covenants, and Restrictions dated December 20, 2001, recorded in the New Hanover County Registry in Book 3152, Page 467, TOGETHER WITH a non-exclusive, perpetual, commercial easement, for the benefit of and as an appurtenance to the aforesaid Outparcel 2A, for the installation, maintenance, replacement, repair and use of utility facilities such as water, gas, electric and telecommunications lines, cables and fibers, storm and sanitary sewers, pipes and the like upon, over or under that area designated as "Proposed 25' General Utility Easement" located on "Outparcel 2D," all as shown on the Subdivision Plat, said easement being 25' in width and running from the Northwest boundary of the aforesaid Outparcel 2A along the Northern boundary of Outparcel 2D to the nght-of-way of Bridge Barrier Road (Formerly US Hwy 421) The foregoing rights and easements shall be deemed appurtenant to Outparcel 2A, shall run with the title to the servient and dominant tenements, and shall be binding upon and shall run to the benefit of the heirs, successors and assigns of the Grantor and Grantee named herein, and TOGETHER WITH a non-exclusive, perpetual, appurtenant, commercial easement for the benefit of the aforesaid Outparcel 2A for the installation, maintenance, replacement, repair and use of utility facilities such as water, gas, electric and telecommunications lines, cables and fibers, storm and sanitary sewers, pipes and the like upon, over or under that area designated as "Proposed 30' General Utility Easement" located on "Outparcel. 21)", "Outparcel 2C" and "Outparcel 2B," all as shown on the Subdivision Plat, said easement being 30' in width and running from the Southwest boundary of the aforesaid Outparcel 2A over Outparcel 2B, Outparcel 2C and Outparcel 2D to the right-of-way of Bndgc Barrier Road (Formerly US Hwy 421) The foregoing rights and easements shall be deemed appurtenant to Outparcel 2A, shall run with the title to the servient and dominant tenements, and shall be binding upon and shall run to the benefit of the heirs, successors and assigns of the Grantor and Grantee named herein 36864 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 10/2712003 04.59.18 PM Book. RE 4070 Page- 689-692 Document No.. 2003089580 DEED 4 PGS $20 00 NC REAL ESTATE EXCISE TAX. $1,500.00 Recorder, KIMBERLY K CARDER State of North Carolina, County of New Hanover The foregoing certificate of KAYE B BOSTIAN Notary Is certified to be correct. This 27TH of October 2003 REBECCA T. CHRISTIAN , REGISTER OF DEEDS YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2003069580* 2003069580 M ,-u FOR REGISTRATION REGISTER OF DEEDS NEW ANOVER COUNI7YI NC K O � 2003 PGr27 693-697EE 5F8$23. 00 I11KET 120030b 1 Prepared by and when recorded return to: Mark S. Sharpe Warren & Sinkler, LLP Post Office Box 1254 Charleston, South Carolina 29402 AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS, COVENANTS AND RESTRICTIONS This Amendment to Declaration of Reciprocal Easements, Covenants and Restrictions (the "Amendment") is made and entered into as of S?kLtjXf ZLs 2003, by FOOD LION, LLC, a North Carolina limited liability company ("Declarant"), Grantor and Grantee for recording purposes. RECITALS 1. Declarant heretofore executed, delivered, and recorded that certain Declaration of Reciprocal Easements, Covenants and Restrictions (the "Declaration") dated December 20, 2001, and recorded in the Register of Deeds for New Hanover County, North Carolina, in Book 3152, Page 467-480. 2 The Declaration affected that certain real property known as Outparcel 1, 2, 4 and 9 pursuant to that certain subdivision plat entitled "Map of Division Snows Cut Market Place, Federal Point Associates Tract — Deed Book 1129 Page 468, Federal Point Township, New Hanover County, NC" prepared by Stocks Land Surveying, P C , dated May 21, 2001 (the "Subdivision Plat"), and recorded in the New Hanover County, North Carolina, Registry in Map Book 41 at Page 218 3 Outparcel 1 has been conveyed to and is now owned of record by Snow's Cut Crossing, LLC, a South Carolina limited liability company 4. Outparcel 2 has been further subdivided into Outparcels 2 A, 2 B, 2 C, and 2 D, pursuant to that certain subdivision plat entitled "Snow's Cut Crossing Subdivision of Outparcel 2 Map Book 41, page 218" dated David M. Edwards, P L.S., , dated 2003 (the "Second Subdivision Plat"), and recorded in the New Hanover County, North Carolina, Registry in Map Book"' at Page _&; RETURNED TO rn—itGn 5 Outparcel 2 A has been conveyed to and is now owned of record by Snow's Cut Crossing, LLC, a South Carolina Iimited liability company 6. Snow's Cut Crossing, LLC proposes to construct a drug store for initial use by Walgreen Co. ("Walgreens") on Outparcel 2 A 7 Declarant has agreed to amend the Declaration to expressly permit the operation of a drug store on Outparcel 2 A 8. Snow's Cut Crossing, LLC has agreed to construct certain improvements on Outparcel 2 A NOW, THEREFORE, in consideration of the above premising and of the easements, covenants and restrictions herein contained, and for the mutual complement and benefit of the Outparcels and the intended development thereof, the Declarant does hereby declare, covenant and agree as follows• 1. Operation of a Walareen Drug Store. The Declaration is hereby amended as follows: Notwithstanding any provision in the Declaration to the contrary, the operation of a drug store, including without limitation a Walgreens, on Outparcel 2 A shall be permitted. 2 Construction of Certain Improvements on Outparcel 2_ A. Snow's Cut Crossing, LLC shall, at its sole cost and expense, construct improvements on Outparcel 2 A in accordance with that certain site plan (the "Site Plan") entitled "Walgreens Pharmacy, Carolina Beach, North Carolina Site Plan" dated 18 July 03, Revision No 1 dated 8113/03, prepared by ADC Engineering, Inc. Without limiting the generality of the foregoing, the improvements to be constructed shall include all dnve and access ways shown on the Site Plan. Snow's Cut Crossing, LLC shall promptly commence construction of the improvements and diligently pursue the construction to completion. All of such construction shall be done in a good and workmanlike manner, in compliance with all applicable laws, codes, and regulations 3 Full Force and Effect Except as expressly amended herein, the Declaration shall remain in full force and effect. 4. Governing Law This Declaration shall be governed by and enforced in accordance with the laws of the State of North Carolina. 5 Execution in Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be an original, and all of such counterparts together shall be deemed to constitute one original agreement SIGNATURES ON FOLLOWING PAGE IN WITNESS WHEREOF, the parties have executed this agreement as of the day of , 2003. FOOD LION, LLC, a North Carolina limited liability company STATE OF NORTH CAROLINA SS COUNTY OF ROWAN /11 z 9 To wit I, �/ r� , a not public in and for the State of North Carotin foresai , do certify that whose name as 0Le jr, �Qo of Food Lion, LLC, is signed to re writing above, bearing date on the �2 Z,& day of 0G1a/P„ _ _ , 200y, has acknowledged the same before me in myAC-ity/County aforesaid. Given under my hand and official seal, this day of 3 My term of office expires on the day of '•'''��' BD �pYARy: �tiAU DL1 C x Myl;ommissfon Expires January 12, 2C: 4 NotarfPu6lfc CONSENT AND AGREEMENT OF SNOW'S CUT CROSSING, LLC Snow's Cut Crossing, LLC, a South Carolina limited liability company, as the record owner of Parcel 2 A, consents to and joins in the execution of the foregoing Amendment, and agrees to be bound by the terms thereof SNOW'S CUT CROSSING, LLC, a South Carolina 1 bi pan By Name �7r1 7' /'QI L✓6L Title _ fh AM,dcf� STATE OF SOUTH CAROLINA SS: COUNTY OF CHARLESTON Tow I, .lam , a notary public in and for the State of arolina aforesaid, do certify that' Aauct:!A whose name as of Snow's Cut Crossing, LLC, a South Carolina limited liability company, is signed to the writing above, bearing date on the I le day of , 2003, has acknowledged the same before me in my City/County aforesaid Given under my hand and official seal, this I (p day of 6CJ6, DZD2,My term of office expires on the 3 day of No Public for South Carolina My Commission Expires. 9 ~ 13 -a -3f1AEI '�dd1OTI � f' r+ k- ti i1 � NORTW REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 t**o*rr+11w1rarr****+**wi,r��*�****wi*rsr►f*strw,►*111r,t***1r+****r*x+**+sr****�*;1t**r*f Filed For Registration: 10/27/2003 04:59:18 PM Book: RE 4070 Page: 693-697 Document No: 2003069581 AMD DECL 5 PGS $23.00 Recorder: KIMBERLY K CARDER **#**f**iK!`k*11MYW!***Nif*MfY*1►#**Htf�h****lkif`****f*f1'**#M**�***tffM**1! i*i*f***f**f***�F*****'R*•*ef+k4 State of North Carolina, County of New Hanover The foregoing certificate of KAYE B. BOSTIAN , ELIZABETH S DASSURG Notaries are certified to be correct. This 27TH of October 2003 REBECCA T. CHRISTIAN , REGISTER OF DEEDS YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2003069581* 2003069581 113111111111111 2003069582 FOR REG!$TRRTIDN REGISTER OF DEEDS REBECCA T fP'JTy, ST(RN 2�3 OCTV17 B PM 9K-4010 PG:69&713 FEE 96.00 1001MR RETURN RECORDED DgqQMENT TO 200 Wilmot Road, Dept #2262 Deerfield, Illinois 60015 Attn This Instrument Prepared by 200 Wilmot Road Deerfield, Illinois 60015 DECLARATION OF RECIPROCAL EASEMENTS WITH COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION OF RECIPROCAL EASEMENT AGREEMENT EASEMENTS AND COVENANTS, CONDITIONS AND RESTRICTIONS (the "Agreement") is made and entered Into this a day of C, 2003, by SNOW'S CUT CROSSING, LLC, a South Carolina limited liability company (the "Owner") RECITALS A The Owner is the owner of that certain real property situated in the , County of New Hanover, State of North Carolina, known as "Outparcel 1" and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference ("Parcel A") B The Owner is also the owner of that certain real property situated in the City of, County of New Hanover, State of North Carolina, known as "Parcel 2 A" and more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference ("Parcel B") C The Owner intends to develop Parcel B for use by Walgreen (hereinafter defined) D The Owner has heretofore developed Parcel A as a retaillcommercial site E The Owner desires to impose certain easements upon the Parcels, and to establish certain covenants, conditions and restrictions with respect to said Parcels, for the mutual and reciprocal benefit and complement of Parcel A and RETURNED TO f`t1` *C-% ' g Vormsunuea doe Parcel B and the present and future owners and occupants thereof, on the terms and conditions hereinafter set forth NOW, THEREFORE, in consideration of the above premises and of the covenants herein contained, the Owner hereby declares, covenants and agrees that the Parcels and all present and future owners and occupants of the Parcels shall be and hereby are subject to the terms, covenants, easements, restrictions and conditions hereinafter set forth in this Agreement, so that said Parcels shall be maintained, kept, sold and used in full compliance with and subject to this Agreement and, in connection therewith, the parties hereto on behalf of themselves and their respective successors and assigns covenant and agree as follows: AGREEMENTS Definitions. For purposes hereof . (a) The term "Owner" or "Owners" shall mean the Owner (as to Parcel .A) and the Owner (as to Parcel B) and any and all successors or assigns of Owner as the owner or owners of fee simple title to all or any portion of the real property covered hereby, whether by sale, assignment, inheritance, operation of law, trustee's sale, foreclosure, or otherwise, but not including the holder of any lien or encumbrance on such real property. (b) The term "Parcel" or "Parcels" shall mean each separately identified parcel of real property now constituting a part of the real property subjected to this Agreement as described on Exhibit "A", that is, Parcel A and Parcel B, and any future subdivisions thereof (c) The term "Permittees" shall mean the tenant(s) or occupant(s) of a Parcel, and the respective employees, agents, contractors, customers, invitees and licensees of (i) the Owner of such Parcel, and/or (n) such tenant(s) or occupant(s) (d) The term "Common Area" shall mean those portions of Parcel A and Parcel B that are outside of exterior walls of buildings or other structures from time to time located on the Parcels, and which are either unimproved, or are improved as (without limitation) parking areas, landscaped areas, driveways, roadways, walkways, light standards, curbing, paving, entrances, exits and other similar exterior site improvements (e) The term 'Walgreen" or "Walgreens" shall mean Walgreen Co , a(n) Illinois corporation (or any of its affiliates, subsidiaries, successors or assigns). Walgreen shall be deemed a third party beneficiary to this Agreement. g Wormskintres doc (f) The term "Walgreen Lease" or "Walgreens Lease" shall mean that Lease of Parcel B from the Parcel B Owner as landlord to Walgreen as tenant, and any amendments, extensions or replacements thereof. (g) The term "Site Plan" shall mean that site plan of the Parcels attached hereto as Exhibit "B" and by reference made a part hereof Except as may be otherwise provided in this Agreement, the Site Plan is for identification purposes only. 2 Easements 21 Grant of Reciprocal Easements, Subject to any express conditions, limitations or reservations contained herein, the Owner hereby grants, establishes, covenants and agrees that the Parcels, and all Owners and Permittees of the Parcels, shall be benefited and burdened by the following nonexclusive, perpetual and reciprocal easements which are hereby imposed upon the Parcels and all present and future Owners and Permittees of the Parcels (a) An easement for reasonable access, ingress and egress over all paved driveways, roadways and walkways as presently or hereafter constructed and constituting a part of the Common Area of Parcel B and the Common Area of Parcel A so as to provide for the passage of motor vehicles and pedestrians between all portions of the Common Area of such Parcels intended for such purposes, and to and from all abutting streets or rights of way furnishing access to such Parcels, 2.2 Indemnification Each Owner having rights with respect to an easement granted hereunder shall indemnify and hold the Owner whose Parcel is subject to the easement (including Walgreen, in the case of the Owner of Parcel B) harmless from and against all claims, liabilities and expenses (including reasonable attomeys' fees) relating to accidents, injuries, loss, or damage of or to any person or property arising from the negligent, intentional or willful acts or omissions of such Owner, its contractors, employees, agents, or others acting on behalf of such Owner. 2.3 Access Opening. The opening(s) and access point(s) contemplated between the Parcels is/are shown on the Site Plan and such opening(s) and access point(s) between the Parcels for use of the Driveway, as contemplated pursuant to paragraph 2.1(a) above, are hereinafter called the "Access Openings." The Access Openings shall in no event be blocked, closed, altered, changed or removed and shall at all times remain in place as shown on the Site Plan. There shall be maintained between the Access Openings a smooth and level grade transition to allow the use of the Driveway for pedestrian and vehicular ingress and egress as set forth in paragraph 2 1 above. Except with respect to the Access Openings, each Owner shall be permitted to maintain a g VmmoUnbw doe fence, curbing, landscaping or other improvements along the boundary line of its Parcel 24 Reasonable Use of Easements. (a) The easements herein above granted shall be used and enjoyed by each Owner and its Permittees in such a manner so as not to unreasonably interfere with, obstruct or delay the conduct and operations of the business of any other Owner or its Permittees at any time conducted on its Parcel, including, without limitation, public access to and from said business, and the receipt or delivery of merchandise in connection therewith. (b) Once commenced, any construction undertaken in reliance upon an easement granted herein shall be diligently prosecuted to completion, so as to minimize any interference with the business of any other Owner and its Permittees. Except in cases of emergency, the right of any Owner to enter upon a Parcel of another Owner for the exercise of any right pursuant to the easements set forth, or to prosecute work on such Owner's own Parcel if the same interferes with utility or drainage easements or easements of ingress, egress or access to or in favor of another Owner's Parcel, shall be undertaken only in such a manner so as to minimize any interference with the business of the other Owner and its Permittees. In such case, no affirmative monetary obligation shall be imposed upon the other Owner (and/or, during the continuance of the Walgreen Lease, Walgreen), and the Owner undertaking such work shall With due diligence repair at its sole cost and expense any and all damage caused by such work and restore the affected portion of the Parcel upon which such work is performed to a condition which is equal to or better than the condition which existed prior to the commencement of such work. In addition, the Owner undertaking such work shall pay all costs and expenses associated therewith and shall indemnify and hold harmless the other Owner(s) and its Permittees from all damages, losses, bens or claims attributable to the performance of such work. Notwithstanding the foregoing or anything contained in this Agreement to the contrary, the Owner of Parcel A and its Permittees shall in no event undertake any work described in this paragraph (except normal minor repairs in the ordinary course which do not interfere with the business of the Owner of Parcel B and its Permittees) which is not of an emergency nature during the months of November or December unless the Owner of Parcel B (and Walgreen, during the continuance of the Walgreen Lease) shall consent thereto. 3. Maintenance. 31 General Until such time as improvements are constructed on a Parcel, the Owner thereof shall maintain the same in a clean and neat condition and shall take such measures as are necessary to control grass, weeds, blowing dust, dirt, litter or debris. e vom,sunlm doc 3.2 Buildings and Appurtenances Thereto Owner covenants to keep and maintain, or cause to be kept and maintained, at its sole cost and expense, the buildings) located from time to time on its respective Parcel in good order, condition and repair. Once constructed, in the event of any damage to or destruction of a building on any Parcel, the Owner of such Parcel shall, at its sole cost and expense, with due diligence either (a) repair, restore and rebuild such building to its condition prior to such damage or destruction (or with such changes as shall not conflict with this Agreement), or (b) demolish and remove all portions of such damaged or destroyed budding then remaining, including the debris resulting therefrom, and otherwise clean and restore the area affected by such casualty to a level, graded condition. Nothing contained in subparagraph 3.2(b) shall be deemed to allow an Owner to avoid a more stringent obligation for repair, restoration and rebuilding contained in a lease or other written agreement between an Owner and such Owners Permittee. All buildings on Parcel A shall be one story in height. Each Parcel shall comply with applicable governmental parking ratio requirements without taking into account the parking provided on the other Owner's Parcel, such that each Parcel shall be self sufficient for vehicular parking. 3.3 Common Area. Each Owner of a Parcel covenants at all times during the term hereof to operate and maintain or cause to be operated and maintained at its expense all Common Area located on its Parcel in good order, condition and repair. Following the construction of improvements thereon, maintenance of Common Area shall include, without limitation, maintaining and repairing all sidewalks and the surface of the parking and roadway areas, removing all papers, debris and other refuse from and periodically sweeping all parking and road areas to the extent necessary to maintain the same in a clean, safe and orderly condition, maintaining appropriate lighting fixtures for the parking areas and roadways, maintaining marking, directional signs, lines and striping as needed, maintaining landscaping, maintaining signage in good condition and repair, and performing any and all such other duties as are necessary to maintain such Common Area in a clean, safe and orderly condition Except as otherwise expressly provided in this Agreement, once constructed, in the event of any damage to or destruction of all or a portion of the Common Area on any Parcel, the Owner of such Parcel shall, at its sole cost and expense, with due diligence repair, restore and rebuild such Common Area to its condition prior to such damage or destruction (or with such changes as shall not conflict with this Agreement). Each Owner reserves the right to after, modify, reconfigure, relocate and/or remove the Common Areas or building areas on its Parcel, subject to the following conditions: (i) as to Parcel B, during the continuance of the Walgreen Lease, the express written consent of Walgreen shall be required, (ii) the reciprocal easements between the Parcels pursuant to paragraph 2.1 (a) shall not be closed or materially impaired, (in) the Driveway and ingress and egress thereto, and to and from the Parcels and adjacent streets and roads, shall not be so altered, modified, relocated, blocked and/or removed without the express written consent of all Owners and Walgreen (during the continuance of the Walgreen Lease); (iv) the same shall not violate any of the provisions and q Vormsuntrea doc easements granted in paragraph 2; and (v) as to Parcel A, the requirements of paragraph 3.2 of this Agreement shall be complied with. 34 Utilities. Each Owner shall at all times during the term hereof construct, operate and maintain or cause to be constructed, operated and maintained, in good order, condition and repair, at its sole expense, any utility or other installations serving the Parcel of such Owner and from time to time existing on the Parcel of another Owner pursuant to an easement described herein 4 Construction of Improvements. Every building (including its appurtenant Common Area improvements), now or in the future constructed on Parcel A, shall be constructed, operated and maintained so that the same is in compliance with all applicable governmental requirements. 5 Restrictions, 51 General. Each Parcel shall be used for lawful purposes in conformance with all restrictions imposed by all applicable governmental laws, ordinances, codes, and regulations, and no use or operation shall be made, conducted or permitted on or with respect to all or any portion of a Parcel which is illegal. In addition to the foregoing, throughout the term of this Agreement, it is expressly agreed that neither all nor any portion of Parcel A shall be used, directly or indirectly, for purposes of a cocktail lounge, bar, any other establishment that sells alcoholic beverages for on -premises consumption (except in connection with and incidental to the operation of a restaurant as provided more fully in Section 5.3 below), disco, bowling alley, pool hall, billiard parlor, skating rink, roller rink, amusement arcade, a theater of any kind, children's play or party facility, adult book store, adult theatre, adult amusement facility, any facility selling or displaying pornographic materials or having such displays (excluding any legitimate video store, including without limitation a "Blockbuster", "Movie Gallery," "Hollywood Video," National Home Video", second hand store, odd lot, closeout or liquidation store, auction house, flea market, educational or training facility (including, without limitation, a beauty school, barber college, school or other facility catering primarily to students or trainees rather than customers), gymnasium, sport or health club or spa, blood bank, massage parlor, funeral home, sleeping quarters or lodging, the outdoor housing or raising of animals, the sale, leasing or storage of automobiles, boats or other vehicles (other than the sale of small boats by a "West Marine" or similar store), any industrial use (including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses), any mining or mineral exploration or development except by non -surface means, a car wash, a carnival, amusement park or circus, an assembly hall, off track betting establishment, bingo hall, any use involving the use, storage, disposal or handling of hazardous materials or underground storage tanks, any use which may require water and sewer services in excess of the capacities allocated to the Leased Premises by any governmental authority, a church, temple, synagogue, mosque, or other house of worship, any facility for g Vormsunbw doc the sale of paraphernalia for use with illicit drugs, office use (except incidental to a retail use and as permitted by Section 5.2(11) below), a restaurant, or any use which creates a nuisance. 52 Additional Parcel A Restrictions. Throughout the term of this Agreement, it is expressly agreed that neither all nor any portion of Parcel A shall be used, directly or indirectly, for any one or more of the following purposes- (i) the operation of a drug store or a so-called prescription pharmacy or for any other purpose requiring a qualified pharmacist or other person authorized by law to dispense medicinal drugs, directly or indirectly, for a fee or remuneration of any Wind except by a Food Lion grocery store, (ii) the operation of a medical diagnostic lab or the provision of treatment services (other than as part of a medical, dental, physician, surgical or chiropractic of ice[s], which office[s] shall not be restricted by this subclause [i]); (ili) the sale of so-called health and beauty aids or drug sundries except by a Food Lion or other grocery store where such sales are incidental to the sale of groceries, and except by a barber shop or hair salon, where such sale is incidental to the providing of hair care services; (iv) the operation of a business in which alcoholic beverages shall be sold for consumption off the premises, except by a Food Lion grocery store, and except in connection with and incidental to the operation of a restaurant, as provided more fully in Section 5.3 below, (v) the operation of a business in which photofinishing services or photographic film are offered for sale; (vi) the operation of a business in which greeting cards or gift wrap are offered for sale except by a Food Lion or other grocery store where such sales are incidental to the sale of groceries, and (Ai) the operation of a business in which prepackaged food items for off premises consumption are offered for sale, except by a Food Lion grocery store, and except in connection with and incidental to the operation of a restaurant, as provided more fully in Section 5 3 below. 5.3 Permitted Restaurant Operations Notwithstanding the foregoing or any other provision in this Agreement to the contrary, the Adjacent Parcel and Landlord's Property may be used and operated by a nationally -known fast-food restaurant listed immediately below or by a nationally -known fast-food restaurant which is similar in operation to the restaurants listed immediately below: McDonalds Pizza Inn Tastee Freeze Shoney's Popeye's Fried Chicken Grandy's Wendy's Pizza Hut Roy Rogers Burger King Hardee's Kips Kentucky Fried Chicken Taco Bell Arby's Dairy Queen Any restaurant permitted hereunder (i) shall not exceed one story, or twenty-five feet in height, (ii) must maintain adequate on -site parking of at least (5) automobiles per one thousand (1,000) square feet of gross building space, (iii) shall not require cross parking easements or reciprocal parking easements, (iv) shall not sell beer and wine for on -premises consumption except ancillary to the sale of food products, and said ancillary sales of beer and wine shall account q Vorm Uatrea doc for less than fifty percent (50%) of the gross revenues generated by the restaurant 5.4 Drive-Throuighs. No facility on Parcel A for vehicular dnve-up or drive - through in which the stopping or standing of motor vehicles in line at a location for dropoff and/or pickup is intended (as, for example, at a restaurant, car wash or bank) shall be assigned, constructed, used or operated in any manner such that motor vehicles in line at such facility stop or stand onto Parcel B, or otherwise interfere with the normal pattern and flow of pedestrian or vehicular traffic on and across Parcel B. Nothing contained herein shall be deemed to affect the drive -through serving the building for Walgreen to be initially constructed on Parcel B by the Owner thereof, which is hereby expressly approved. 6 Insurance. Throughout the term of this Agreement, each Owner shall procure and maintain general and/or comprehensive public liability and property damage insurance against claims for personal injury (including contractual liability ansing under the indemnity contained in paragraph 2 2 above), death, or property damage occurring upon such Owner's Parcel, with single limit coverage of not less than an aggregate of Two Million Dollars ($2,000,000 00) including umbrella coverage, if any, and naming each other Owner and Walgreen during the continuance of the Walgreen Lease (provided the Owner obtaining such insurance has been supplied with the name of such other Owner in the event of a change thereof) as additional insureds. Walgreen (whether as tenant under the Walgreen Lease or in the event Walgreen becomes an Owner of a Parcel) may elect to self insure and/or carry insurance required hereunder under master or blanket policies of insurance. 7 Taxes and Assessments Each Owner shall pay all taxes, assessments, or charges of any type levied or made by any governmental body or agency with respect to its Parcel. 8 No Rights in Public. No Implied Easements Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of Parcel A or Parcel B. No easements, except (i) those expressly set forth in paragraph 2, shall be implied by this Agreement; in that regard, and without limiting the foregoing, no easements for parking are granted or implied. 9 Remedies and Enforcement 9.1 All Le al and Egubble Remedies Available. In the event of a breach or threatened breach by any Owner or its Permittees of any of the terms, covenants, restnctions or conditions hereof, the other Owner(s) and Walgreen shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach; including payment of any amounts due and/or specific performance Walgreen shall have the right, but not the obligation, to enforce this Agreement g uomi*Un►rw dog on behalf of the Owner of Parcel B, and/or to cure a breach or default hereunder by the Owner of Parcel B, which enforcement or cure shall be accepted by the other Owner(s) as if effected by the Owner of Parcel B. 9.2 Self -Help. In addition to all other remedies available at law or in equity, upon the failure of a defaulting Owner to cure a breach of this Agreement within thirty (30) days following written notice thereof by an Owner or Walgreen (unless, with respect to any such breach the nature of which cannot reasonably be cured within such 30-day period, the defaulting Owner commences such cure within such 30-day period and thereafter diligently prosecutes such cure to completion), Walgreen or any Owner shall have the right to perform such obligation contained in this Agreement on behalf of such defaulting Owner and be reimbursed by such defaulting Owner upon demand for the reasonable costs thereof together with interest at the prime rate charged from time to time by First Chicago NBD (its successors or assigns), plus two percent (2%) (not to exceed the maximum rate of interest allowed by law). Notwithstanding the foregoing, in the event of (1) an emergency, (ii) blockage or material impairment of the easement rights, and/or (0) the unauthorized parking of vehicles on Parcel B, an Owner or Walgreen may immediately cure the same and be reimbursed by the other Owner upon demand for the reasonable cost thereof together with interest at the prime rate, plus two percent (2%), as above described. 9.3 Lien Rights. Any claim for reimbursement, including interest as aforesaid, and all costs and expenses including reasonable attorneys' fees awarded to any Owner (or to Walgreen in connection with the exercise of its rights set forth in paragraphs 9.1 and/or 9.2 above) in enforcing any payment in any suit or proceeding under this Agreement shall be assessed against the defaulting Owner in favor of the prevailing party and shall constitute a lien (the "Assessment Lien") against the Parcel of the defaulting Owner until paid, effective upon the recording of a notice of lien with respect thereto in the Office of the County Recorder of New Hanover County, North Carolina; provided, however, that any such Assessment Lien shall be subject and subordinate to (i) liens for taxes and other public charges which by applicable law are expressly made superior, (ii) all liens recorded in the Office of the County Recorder of New Hanover County, North Carolina prior to the date of recordation of said notice of lien, and (in) all leases entered into, whether or not recorded, prior to the date of recordation of said notice of lien All liens recorded subsequent to the recordation of the notice of lien described herein shall be junior and subordinate to the Assessment Lien. Upon the timely curing by the defaulting Owner of any default for which a notice of lien was recorded, the party recording same shall record an appropriate release of such notice of lien and Assessment Lien 9.4 Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity. 95 No Termination For Breach Notwithstanding the foregoing to the contrary, no breach hereunder shall entitle any Owner to cancel, rescind, or otherwise terminate this Agreement. No breach hereunder shall defeat or render g ltomsaMftee doc invalid the lien of any mortgage or deed of trust upon any Parcel made in good faith for value, but the easements, covenants, conditions and restrictions hereof shall be binding upon and effective against any Owner of such Parcel covered hereby whose title thereto is acquired by foreclosure, trustee's sale, or otherwise. 9.6 Irreparable Harm. In the event of a violation or threat thereof of any of the provisions of paragraphs 2 and/or 5 of this Agreement, each Owner agrees that such violation or threat thereof shall cause the nondefaulting Owner and/or its Permittees to suffer irreparable harm and such nondefaulting Owner and its Permittees shall have no adequate remedy at law As a result, in the event of a violation or threat thereof of any of the provisions of paragraphs 2 and/or 5 of this Agreement, the nondefaulting Owner and Walgreen, in addition to all remedies available at law or otherwise under this Agreement, shall be entitled to injunctive or other equitable relief to enjoin a violation or threat thereof of paragraphs 2 and/or 5 of this Agreement 10 Term. The easements, covenants, conditions and restrictions contained in this Agreement shall be effective commencing on the date of recordation of this Agreement in the office of the New Hanover County Recorder and shall remain in full force and effect thereafter in perpetuity, unless this Agreement is modified, amended, canceled or terminated by the written consent of all then record Owners of Parcel A and Parcel B in accordance with paragraph 11.2 hereof. 11 Miscellaneous. 11.1 Attorneys' Fees In the event a party (including Walgreen) institutes any legal action or proceeding for the enforcement of any right or obligation herein contained, the prevailing party after a final adjudication shall be entitled to recover its costs and reasonable attomeys' fees incurred in the preparation and prosecution of such action or proceeding. 112 Amendment. (a) The parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, or terminated, only by the written consent of all record Owners of Parcel A and Parcel B, evidenced by a document that has been fully executed and acknowledged by all such record Owners and recorded in the official records of the County Recorder of New Hanover County, North Carolina (b) Notwithstanding subparagraph 11.2(a) above to the contrary, no termination of this Agreement, and no modification or amendment of this Agreement shall be made nor shall the same be effective unless the same has been expressly consented to in writing by Walgreen (during the continuance of the Walgreen Lease). g Vormslt trea doo 11 3 Consents Wherever in this Agreement the consent or approval of an Owner is required, unless otherwise expressly provided herein, such consent or approval shall not be unreasonably withheld or delayed. Any request for consent or approval shall: (a) be in writing; (b) specify the section hereof which requires that such notice be given or that such consent or approval be obtained, and (c) be accompanied by such background data as is reasonably necessary to make an informed decision thereon. The consent of an Owner or Walgreen under this Agreement, to be effective, must be given, denied or conditioned expressly and in writing During the continuance of the Walgreen Lease, any consent by the Owner of Parcel B, to be effective, shall also require the consent of Walgreen. Any consent of Walgreen may be given, denied or conditioned by Walgreen in Walgreen's sole and absolute discretion 11.4 No Waiver. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. 11.5 enc Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties 11.6 Covenants to Run with Land. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representatives 11.7 Grantee's Acceptance The grantee of any Parcel or any portion thereof, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof, whether from an original party or from a subsequent owner of such Parcel, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, restrictions and obligations contained herein. By such acceptance, any such grantee shall for himself and his successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and with the other party, to keep, observe, comply with, and perform the obligations and agreements set forth herein with respect to the property so acquired by such grantee 11.8 Se arabili . Each provision of this Agreement and the application thereof to Parcel A and Parcel B are hereby declared to be independent of and severable from the remainder of this Agreement. If any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Agreement In the event the validity or enforceability of any provision of this Agreement is held to be dependent upon the existence of a specific legal description, the parties agree to promptly cause such legal description to be q Vo msVnbiea doc prepared. Ownership of both Parcels by the same person or entity shall not terminate this Agreement nor in any manner affect or impair the validity or enforceability of this Agreement. 11 9 Time of Essence Time is of the essence of this Agreement. 11 10 Entire Agreement This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 11 11 Notices. Notices or other communication hereunder shall be in writing and shall be sent certified or registered mad, return receipt requested, or by other national overnight courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each party and Walgreen may change from time to time their respective address for notice hereunder by like notice to the other party and Walgreen. Notice given by any Owner hereunder to be effective shall also simultaneously be delivered to Walgreen (during the continuance of the Walgreen Lease) The notice addresses of the Parcel A Owner, the Parcel B Owner and Walgreen are as follows: Walgreen- Walgreens Attention: Law Department Mail Stop No 2252 200 Wilmot Road Deerfield, Illinois 60015 Owner Snows Cut Crossing, LLC 180 Meeting Street, Suite 330 Charleston, South Carolina 29401 11.12 Governing Law. The laws of the State in which the Parcels are located shall govern the interpretation, validity, performance, and enforcement of this Agreement. 11.13 Estoppel Certificates Each Owner, within twenty (20) day of its receipt of a written request from the other Owner(s) or Walgreen, shall from time to time provide the requesting Owner or Walgreen, a certificate binding upon such Owner stating: (a) to the best of such Owner's knowledge, whether any party to this Agreement is in default or violation of this Agreement and if so identifying such default or violation; and (b) that this Agreement is rn full force and effect and identifying any amendments to the Agreement as of the date of such certificate 11.14 Bankruptc In the event of any bankruptcy affecting any Owner or occupant of any Parcel, the parties agree that this Agreement shall, to the g VormoUntma doc maximum extent permitted by law, be considered an agreement that runs with the land and that is not rejectable, in whole or in part, by the bankrupt person or entity. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above SNOWS CUT CROSSING, LLC Parcal A e ] By Its .P D-A [NOTARY] STATE OF SOUTH CAROLINA SS: COUNTY OF CHARLESTON Toe-w-e • I, 1 za. as a notary public in and for the State of Carolina aforesaid, do certify th P-eN c RR �rcc ,ti t whose name'as aa� of Snows Cut Crossing, LLC, a South Carolina lirmted habihty company, is signed to the writing above, bearing date on the ,;L0 _ day of October, 2003, has acknowledged the same before me in my City/County aforesaid. Given under my hand and official seal, this :P 0 day of October, 2003. My term of office expires on the 13 day of 2' -.ae 9' — &5dg zako4e� - Nota ublic for South Caroli 1W My Commission Expires. /3 Z(f Zoo 3 b Exhibit "A" - Legal Descriptions of Parcels A and B. Outparcel 1 ALL THAT certain parcel of land, lying and being in that part of New Hanover County, North Carolina, known as Federal Point Township, and being more particularly described as follows. BEING that parcel of land designated as "Outparcel 1/Shopping Center" as shown on that certain subdivision plat entitled "Map of Division Snows Cut Market Place," prepared by Stocks Land Surveying, P.C., dated May 21, 2001, and recorded in Map Book 41 at Page 218 in the New Hanover County, North Carolina, Public Registry. IT BEING a portion of the same property conveyed to Snow's Cut Crossing, LLC, a South Carolina limited liability company, by deed from Food Lion, LLC, a North Carolina limited liability company, dated December 20, 2001 and recorded December 27, 2001 in Deed Book 3152 at Page 481 in the New Hanover County, North Carolina, Public Registry Outparcel 2A BEING ALL OF THAT certain tract or parcel of land, lying and being in that part of New Hanover County, North Carolina, known as Federal Point Township, and being more particularly described as follows BEING that certain tract or parcel of land designated as "Outparcel 2A" as shown on that certain subdivision plat entitled "Snow's Cut Crossing Subdivision of Outparcel2 Map Book 41, Page 218 Federal Point Township, Town of Carolina Beach New Hanover County, North Carolina", prepared by David M Edwards, P L S., dated August 27, 2003, and recorded in Map Book4jS at Page i2 in the New Hanover County, North Carolina, Public Registry (the "Subdivision Plat"), THE SAME BEING a portion of the property conveyed to Food Lion, LLC, a North Carolina limited liability company, by deed from J. Richard Corbett, unmarried, dated September 21, 2001, and recorded September 21, 2001, in Deed Book 3051, at Page 845, in the New Hanover County, North Carolina, Public Registry, TOGETHER WITH AND SUBJECT TO all rights, duties and easements appurtenant to the above -described Outparcel 2A as more fully described in that certain Declaration of Reciprocal Easements, Covenants, and Restrictions dated December 20, 2001, recorded in the New Hanover County Registry in Book 3152, Page 467. OLIIL91099S tl! (PXT9109KC" 90► OS-MY[i WH CMT7YAb./fY... N $$$ rr S 1 axyx.a V"laldVflU�Ohlr[YWClIV7 sr ] DML'U1SNWpd�OpYjs 1 aNvflURs00i oTm� omranAms u w ♦ r r ^ r w r w r r r - d d ! 9 3�r m�� r77 yTB -a-- J REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration, 10127/2003 04:59.18 PM Book, RE 4070 Page: 698.713 Document No, 2003069582 DECI_ 16 PGS $56.00 Recorder. KIMBERLY K CARDER �ffi MRR1*f iFifHl4\fiFA#Ri11F�Mkiiri�M�"kki'1'1'�ii#MltiMl��lfwH�'k! State of North Carolina, County of Now Hanover The foregoing certificate of ELIZABETH B DASBURG Notary Is certified to be correct This 27TH of October 2003 REBECCA T. CHRISTIAN , REGISTER OF DEEDS a sy; nt Kealster of Deeds YELLOW PROBATE,SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2003069582* 2003069582 STATE OF ILLINOIS ) ) SS COUNTY OF LAKE ) This _� + " day of October, A.D. 2003, personally came before me Lola Allen - Muhammad, who, being by me duly swom, says that Robert M. Silverman is Director of Real Estate Law of WALGREEN CO., -and that th"eal affixed to the and that said writing was signed n"A e b moil b l a Mof sdcorporation by its authority duly given. And the saide owledged the said writing to be the act and deed of said corporation. (Seal) OFFICIAL SEAL S LOLA ALLEN-MUMAMMAD NOTARY ptJgUC STATE OF ILLINOIo" ` car COMPAMION t:ypr,�a 4.101p� , (Notary Signature) (My commission e�'S/t104� STATE OF SOUTH CAROLINA COUNTY OF CHARLESTON I, 'E j t'2a{a6F1.— ?,� . DusDw,, , a Notary Public for said County and State, do hereby certify that ' 3' ' , 04.a !Lk C r` (title) of SNOW'S CUT CROSSING, LLC, a South Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company WITNESS my hand and official stamp or seal, this -.26 day of October, 2003 - NotatOublic for South Carolina My Commission Expires -?' 1 ak 0 STATE OF SOUTH CAROLINA COUNTY OF CHARLESTON I, Q - D4-40, a Notary Publicforsaid County and State, do hereby certify that c _kq f rt5,& (title) of BANK OF AMERICA, N.A., a National Banking Association, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company WITNESS my hand and official stamp or seal, this day of October, 2003 Not ublic for South Carolina My Commission Expires AW ��� _ ��.� Postal lIj i nj (Domestic CoverageProvided) N ErPostage $ _ (�li' D' CeAitied Feb �j `_ U v' �� Postmark 0 p Return Receipt Fee (Endorsement Required) Here C y o O Restricted Dolt" Foe (Endorsement Required) �00) !�?n L S & Fees $ =,T r-i Total Postage C ant ^. hors � � e IM - 3rruer, apt: Dk "' Q/��� a %j orPOBoxNo &)e ! z`� .................... .__._-�-7--C-_y q-� ciry'siai@, zrP+C .►1� Q S SC PS Form 380D, Augkj�' r Z(: [ — � ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ® Pririt your name and address on the reverse so that we can return the card to you. ■ Attar,,b, this card to the back of the mailpiece, or on`the front if space permits. 1. Article Addressed to: h f1pi�� S o'dliJ�� 7 A. X Al (�cF' r TYNT Lei D. Isdelivery address different from'item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3 Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) p yes 2. Article Number --- "`-----. - (Transfer from service label) 7 011 0110 0000 9 9 4 7' 3 6 2 5 PS Form 381 1. February 2004 Domestic Return Receipt 102sss-o2-M-izs4n IGNITED STATES POS7p 11 j?' ' ;�'�; , . F�Sp:sw Permit No. • Sender: Please print your name, address, and ZIP+4 in this box • ` G ►� n ���` b NC DENR- DIVISION OF WATER QUALITY ! f VA SURFACE WATER PROTECTION SECTION ji D 127 CARDINAL DRIVE EXTENSION WILmimGTON, NC 28405 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary August 6, 2012 CERTIFIED MAIL #7011 0110 0000 9947 3618 RETURN RECEIPT REQUESTED Mr. Thomas Ravenel, Manager Snows Cut Crossing, LLC 176 Croghan Spur Road, Suite 202 Charleston, SC 29402 ` CERTIFIED MAIL #7011 0110 0000 9947 3625 V RETURN RECEIPT REQUESTED Mr. Thomas Ravenel, Manager Snows Cut Crossing, LLC PO Box 420 Charleston, SC 29402-0420 CERTIFIED MAIL #7011 0110 0000 9947 3632 RETURN RECEIPT REQUESTED Mr. Thomas Ravenel, Manager Snows Cut Crossing, LLC 482 Wanda Park Boulevard Mt. Pleasant, SC 29466 Subject: PERMIT RENEWAL REQUEST Stormwater Permit No. SW8 000861 Snows Cut Crossing Shopping Center (formerly Pleasure Island Center) Carolina Beach, New Hanover County Dear Mr. Ravenel: On June 13, 2001, the Division of Water Quality issued a high density Coastal Stormwater Management Permit, Number SW8 000851 for Pleasure Island Center now known as Snow's Cut Crossing. On May 20, 2002, this permit was transferred to you. The project is located between Bridge Barrier, Road and N. Lake Park Boulevard, immediately adjacent the bridge over Snows Cut, Carolina Beach, New Hanover County, North Carolina. The stormwater permit expired on June 13, 2011. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that is set. to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177 which grants an extra year for a total of four (4) years extension. Accordingly, Stormwater Permit # SW8 000851 which has already expired on June 13, 2011, is now in effect until June 13, 2015. Please resubmit the renewal application and fee at least 180 days prior to June 13, 2015, which would be December 13, 2014. A copy of the Renewal Application can be obtained from the following website: http://portal.ncdenr.org/web/wq/ws/su/statesw/forms—docs. Wilmington Regional Ofte 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 4• One Phone: 910.796.72151 FAX: 910-350-2004 Y DENR Assistance: 1-877-623-6748 No hCarohna Internet: www.ncxaterquality.org , �� An Eaual O000Runily 1 Afrrmalive Action Emolover Mr. Ravenel Stormwater Permit SW8 000851 August 6, 2012 Per 15A NCAC 2H.1003(h) (the stormwater rules), all renewal applications must be accompanied by a processing fee, which is currently set at $505.00. Please complete and submit the renewal application prior to December 13, 2014. If you have sold the project, or dissolved your LLC, or are no longer the permittee, please provide the name, mailing address, phone number and email address of the person or entity that is now responsible for this permit by completing and submitting the attached Name/Ownership Change Form. The New Hanover County Tax records website indicates that as of 2012, Snows Cut Crossing, LLC remains the owner of record for the Food Lion tract and the Walgreen outparcel. The permitted LLC was dissolved by the NC Secretary of State (NCSOS) effective October 3, 2011, and is no longer allowed to conduct business in North Carolina, except what needs to occur in order to wind up the affairs of the LLC. As the manager, you are responsible for signing and forwarding the required Name/Ownership Change form to the new property owner, along with a copy of the approved plans, the permit, the application, and the O&M agreement. The new property owner should acknowledge receipt of these items, sign the form and forward the original to the Division in order to begin the process of transferring the permit to the new property owner. Please also note that per Schedule of Compliance Condition 11.15, the permittee is required to notify the Division of any name, ownership or mailing address changes within 30 days. To date, the Division has not received any notification from you regarding any type of name, ownership or mailing address change. Two letters requesting a renewal application were sent, one in July 2010, and the other in March 2011. Both were returned to the Division as undeliverable and unable to forward. This letter is being sent to three different mailing addresses, as found on the NCSOS website in hopes that you will respond and update the Division regarding the active permit and the status of the maintenance. If you do not respond to this letter, or if you do not provide the requested documents, within 60 days of receipt of this letter, the Director may determine that the project is in violation or that the permit has been abandoned, and may revoke and reissue the permit to the new owner or modify and transfer the permit for cause as allowed per Section .1011 of the stormwater rules. If that happens, you will lose all rights to the permit. To avoid losing your rights to the permit, please respond within 60 days of receipt of this letter. If you have any questions, please feel free to contact Linda Lewis at 910-796-7215. Sincerely, Charles r=ifld,P.E. Director Division of Water Quality Enclosures GDSlarl . S:IWQSIStormwaterlPermits & Projects120001000851 HD12012 08 req_ren 000851 cc: Wilmington Regional Office Stormwater File Page 2 of 2 ■ Complete 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. ■ Attach this card to the back of the mailpiece, or on,the front if space permits. 1. Article Addressed to: 2 LJ�.rrc►�o �a;' Z,/l / 2. Article Number {Transfer from service fabeo PS Form 3811. February 2004 A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Seryice Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7011 0110 0000 9947 3632 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NC DEN R- DIVISION OF WATER QUALITY SURFACE WATER PROTECTION SECTION 127 CARDINAL DRIVE EXTENSION WILMINGTON, NC 28405 , 7Av 51oo0 :?S/ Division of Water Quality SWPS - Stormwater - 127 Cardinal Drive Extension ,, 5 © Wilmington, NC 28405 • 02 , R $ 05: 75° 0006558826 AUG08 2032 y 7011F�01,]!0 IJ003 ' `147 3632J i MAILED FROM ZIP CODE 28405 G� tioa t�vU Mr. Thomas Ravenel, Manager /�� .. CnnwS .Cut -Crossing, LN_C- / V " ❑ MOVE EFT NO ADDRESS ` ❑ .F A DING ORDER EXPIRED �V• lr_iATTEMPTED . NOT KNOWN RFT ❑ UNCLAIMED ❑ REFUSED 1R'To SENDLER ❑ NO SUCH STREET ❑ NO SUCH NUMBER ❑ INSUFFICIENT ADDRESS •. rl+;,+"Y;.F. ^` _' u"";i 1 �t �. 1 E' f i! iF ! F 1W. !! 1 L 019 Treated with an it to guard against the growth of bacteria; mold; mildew, fungus and odors °00"s Licensed by SA,81C° ASS l.• +L'ir�! � - AGM NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman Governor Director Secretary August 6, 2012 CERTIFIED MAIL #7011 0110 0000 9947 3618 RETURN RECEIPT REQUESTED Mr. Thomas Ravenel, Manager Snows Cut Crossing, LLC 176 Croghan Spur Road, Suite 202 Charleston, SC 29402 CERTIFIED MAIL #7011 0110 0000 9947 3625 RETURN RECEIPT REQUESTED Mr. Thomas Ravenel, Manager Snows Cut Crossing, LLC PO Box 420 Charleston, SC 29402-0420 CERTIFIED MAIL #7011 0110 0000 9947 3632 RETURN RECEIPT REQUESTED Mr. Thomas Ravenel, Manager Snows Cut Crossing, LLC 482 Wando Park Boulevard Mt. Pleasant, SC 29466 Subject: PERMIT RENEWAL REQUEST Stormwater Permit No. SW8 000851 Snows Cut Crossing Shopping Center (formerly Pleasure Island Center) Carolina Beach, New Hanover County Dear Mr. Ravenel: On June 13, 2001, the Division of Water Quality issued a high density Coastal Stormwater Management Permit, Number SW8 000851 for Pleasure Island Center now known as Snow's Cut Crossing. On May 20, 2002, this permit was transferred to you. The project is located between Bridge Barrier Road and N. Lake Park Boulevard, immediately adjacent the bridge over Snows Cut, Carolina Beach, New Hanover County, North Carolina. The stormwater permit expired on June 13, 2011. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that is set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177 which grants an extra year for a total of four (4) years extension. Accordingly, Stormwater Permit # SW8 000851 which has already expired on June 13, 2011, is now in effect until June 13, 2015. Please resubmit the renewal application and fee at least 180 days prior to June 13, 2015, which would be December 13, 2014. A copy of the Renewal Application can be obtained from the following website: http://portal.ncdenr.org/web/wq/ws/su/statesw/for'ms—docs. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796.72151 FAX: 910-350-2004 l DENR Assistanoe: 1-877-623-6748 Nol hCarolina. Internet: www.ncwatLrqualit .org Naturally ADEeualOnoorlunitvkAffiirmativeAction EmDlDver rll m (DomesticOnJy, No Insurance Coverage Provided) �fll For delivery Information visit our website OFFICIAL at W%VW.USPS.Cornu US p" Postage Ir Cortlfled Fee $ I erReturnere Receipt Fee O Returnar p (Endorsement Required) Q Restricted Delivery Fee (Endorsement Required) 5 - C[ D rq Total Postage & Fees O nt %A-. �h7 2S ITj�r�31/�rl� C3 -•�-•--•--•- --•--•--•--•-^- ----------------------- Sliest, Apt 780:; .....--•••--•-r-I orPOBoxNo. $Z tU IIJo F&I�k— f3(V _4 --------------------------------------------- City, Sit@. ZlP+4 f . Pie San-( SC ZR4Cd9 PS Form rr Aug u.%l 20C-6 Mr. kavenel Stormwater Permit SW8 000851 August-6-20.12 Per 15A NCAC 2H.1003(h) (the stormwater rules), all renewal applications must be accompanied by a processing fee, which is currently set at $505.00. Please complete and submit the renewal application prior to December 13, 2014. If you have sold the project, or dissolved your LLC, or are no longer the permittee, please provide the name, mailing address, phone number and email address of the person or entity that is now responsible for this permit by completing and submitting the attached Name/Ownership Change Form. The New Hanover County Tax records website indicates that as of 2012, Snows Cut Crossing, LLC remains the owner of record for the Food Lion tract and the Walgreen outparcel. The permitted LLC was dissolved by the NC Secretary of State (NCSOS) effective October 3, 2011, and is no longer allowed to conduct business in North Carolina, except what needs to occur in order to wind up the affairs of the LLC. As the manager, you are responsible for signing and forwarding the required Name/Ownership Change form to the new property owner, along with a copy of the approved plans, the permit, the application, and the O&M agreement. The new property owner should acknowledge receipt of these items, sign the form and forward the original to the Division in order to begin the process of transferring the permit to the new property owner. Please. also note that per Schedule of Compliance Condition 11.15, the permittee is required to notify the Division of any name, ownership or mailing address changes within 30 days. To date, the Division has not received any notification from you regarding any type of name, ownership or mailing address change. Two letters requesting a renewal application were sent, one in July 2010, and the other in March 2011. Both were returned to the Division as undeliverable and unable to forward. This letter is being sent to three different mailing addresses, as found on the NCSOS website in hopes that you will respond and update the Division regarding the active permit and the status of the maintenance. If you do not respond to this letter, or if you do not provide the requested documents, within 60 days of receipt of this letter, the Director may determine that the project is in violation or that the permit has been abandoned, and may revoke and reissue the permit to the new owner or modify and transfer the permit for cause as allowed per Section .1011 of the stormwater rules. If that happens, you will lose all rights to the permit. To avoid losing your rights to the permit, please respond within 60 days of receipt of this letter. If you have any questions, please feel free to contact Linda Lewis at 910-796-7215. Sincerely, Charles akidP.E. Director Division of Water Quality Enclosures GDSlarl S:1WQS1Stormwater\Permits & Projects120001000851 HD12012 08 req_ren 000851 cc: Wilmington Regional Office Stormwater File Page 2 of 2 ,— •. CERTIFIED MAIL,r, RECEIPT (DomesticcO Only; f'- Cr Postage $ e L J t Certified Fee W g"� L� Postmark 0 ReturnReceipt Fee C3 (Endorsement Required) Here Restricted Oeltvery Fee S p,) S t3 (En(Jorsement Required) p , Sf10 P r-9 Totgl Postage & Fees t3 rq ent o T`Uh?2S IP2{�¢ne Srranr,APr"No1.; --.. or PO t3ax nb. / try mare, Zrp 5C Z R4vZ . UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR- DIVISION OF WATER QUALITY SURFACE WATER PROTECTION SECTION 127 CARDINAL DRIVE ExTENsION WILMINdTON, NC 28405 Complete 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. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 5� I Article Number {Transfer from service label) A. Signature X ❑ Agent ❑ Addressee 8. Received by ( Printed !Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes if YES, enter delivery address below: ❑ No 3. service Type "�ertified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes ?011 0110 DODO 9947 3618 Division of Water Quality SWPS - Stormwater 127 Cardinal Drive Extension i Wilmington, NC 28405 1 0110 0000 9947 3618 < c' \% -k%P- FSTNEY BOVVES 0 21 R $ 05. 750 0006559826 AUG08 2012 MAILED FROM ZIP CODE 28405 ' Mr. Thomas Ravenel, Manager Snows Cut Crossing, LLC 176 Croghan,Sr)ur Road. Suite 202 Charleston, j NIXIE 294 DF 1. 00 D/1112 RE -TURN TO SENDER NnT 0c:1 r VFs7 Au; r- Qf11)R� FII UNABLE TO FORWARD 8c. 28405540627 "iS92-0101G-08-42 2:94:0.7$456:.w5' •x3 = I.,1,ii„i„i,F �i,,;;i;1;,i,(;!;;;1il;;;;11;;,;1;ij;�;lf;;;il f L J i 1 � i 1 f 1 1 I I f f r i I { f Qti� 8 Treated with an A� guard against the growth of hacf�,a,wnnnungus and odor ooa�s Licensed by ShWma A��r_ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director August 6, 2012 CERTIFIED MAIL #7011 0110 0000 9947 3618 RETURN RECEIPT REQUESTED Mr. Thomas Ravenel, Manager Snows Cut Crossing, LLC 176 Croghan Spur Road, Suite 202 Charleston, SC 29402 CERTIFIED MAIL #7011 0110 0000 9947 3625 RETURN RECEIPT REQUESTED Mr. Thomas Ravenel, Manager Snows Cut Crossing, LLC PO Box 420 Charleston, SC 29402-0420 CERTIFIED MAIL #7011 0110 0000 9947'3632 RETURN RECEIPT REQUESTED Mr. Thomas Ravenel, Manager Snows Cut Crossing, LLC 482 Wando Park Boulevard Mt. Pleasant, SC 29466 Subject: PERMIT RENEWAL REQUEST Stormwater Permit No. SW8 000851 Snows Cut Crossing Shopping Center (formerly Pleasure Island Center) Carolina Beach, New Hanover County Dear Mr. Ravenel: Dee Freeman Secretary On June 13, 2001, the Division of Water Quality issued a high density Coastal Stormwater Management Permit, Number SW8 000851 for Pleasure Island Center now known as Snow's Cut Crossing. On May 20, 2002, this permit was transferred to you. The project is located between Bridge Barrier Road and N. Lake Park Boulevard, immediately adjacent the bridge over Snows Cut, Carolina Beach, New Hanover County, North Carolina. The storm►rrater permit expired on June 13, 2011. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any development approval issued by the Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which is current and valid at any point between January 1, 2008, and December 31, 2010. The law extends the effective period of any stormwater permit that is set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Governor signed Session Law 2010-177 which grants an extra year for a total of four (4) years extension. Accordingly, Stormwater Permit # SW8 000851 which has already expired on June 13, 2011, is now in effect until June 13, 2015. Please resubmit the renewal application and fee at least 180 days prior to June 13, 2015, which would be December 13, 2014. A copy of the Renewal Application can be obtained from the following website: http://portal.ncdenr.org/web/wq/ws/su/statesw/forms—docs. Wilmington Regional OHice 127 Cardinal Dnve Extension, Wilmington, North Carolina 28405 -One Phone: 910-796-72151 FAX: 91 M50-20041 DENR Assistance; l $77-623-6748 North C aro 1 i na Internet: www ricwaterquality.org Natumlly An Equal Opportunity l Affirmative Action Employer Mr. Ravenel Stormwater Permit SW8 000851 August 6, 2012 Per 15A NCAC 2H.1003(h) (the stormwater rules), all renewal applications must be accompanied by a processing fee, which is currently set at $505.00. Please complete and submit the renewal application prior to December 13, 2014, If you have sold the project, or dissolved your LLC, or are no longer the permittee, please provide the name, mailing address, phone number and email address of the person or entity that is now responsible for this permit by completing and submitting the attached Name/Ownership Change Form. The New Hanover County Tax records website indicates that as of 2012, Snows Cut Crossing, LLC remains the owner of record for the Food Lion tract and the Walgreen outparcel. The permitted LLC was dissolved by the NC Secretary of State (NCSOS) effective October 3, 2011, and is no longer allowed to conduct business in North Carolina, except what needs to occur in order to wind up the affairs of the LLC. As the manager, you are responsible for signing and forwarding the required Name/Ownership Change form to the new property owner, along with a copy of the approved plans, the permit, the application, and the O&M agreement. The new property owner should acknowledge receipt of these items, sign the form and forward the of iginai to the Division in order to begin the process of transferring the permit to the new property owner. Please also note that per Schedule of Compliance Condition 11.15, the permittee is required to notify the Division of any name, ownership or mailing address changes within 30 days. To date, the Division has not received any notification from you regarding any type of name, ownership or mailing address change. Two letters requesting a renewal application were sent, one in July 2010, and the other in March 2011. Both were returned to the Division as undeliverable and unable to forward. This letter is being sent to three different mailing addresses, as found on the NCSOS website in hopes that you will respond and update the Division regarding the active permit and the status of the maintenance. if you do not respond to this letter, or if you do not provide the requested documents, within 60 days of receipt of this letter, the Director may determine that the project is in violation or that the permit has been abandoned, and may revoke and reissue the permit to the new owner or modify and transfer the permit for cause as allowed per Section .1011 of the stormwater rules. If that happens, you will lose all rights to the permit. To avoid losing your rights to the permit, please respond within 60 days of receipt of this letter. If you have any questions, please feel free to contact Linda Lewis at 910-796-7215. Sincerely, kn Charles �akild, .E. Director Division of Water Quality Enclosures GDS/arl S:IWQSIStormwater\Permits & Projects120001000851 HD12012 08 req_ren 000851 CC' Wilmington Regional Office Stormwater File Page 2 of 2 or North Carolina Secretary of State G� �s J Page 1 of 1 North Carolina Elaine F. Marshall D EPARTM ENT Ol= THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)B07-2000 Date: 8/3/2012 Click here to: View Document Filings I File an Annual Report J Print a Pre -populated Annual Report Fillable PDF Form I Amended A Previous Annual Report I Corporation Names Name Name Type NC SNOWS CUT CROSSING, LLC LEGAL Limited Liability Company Information SOSID: 0613183 Status: Admin. Dissolved Effective Date: 12/13/2001 Annual Report Due Date: Citizenship: FOREIGN State of Inc.: SC Duration: 12/31/2051 Registered Agent Agent Name: CT CORPORATION SYSTEM Office Address: 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Mailing Address: 150 FAYETTEVILLE ST., BOX 1011 RALEIGH NC 27601 Principal Office Office Address: 176 CROGHAN SPUR ROAD STE 202 CHARLESTON SC 29402 Mailing Address: PO BOX 420 CHARLESTON SC 29402-0420 Officers Title: MANAGER Name: THOMAS J. RAVENEL Business Address: 482 WANDO PARK BLVD. MT. PLEASANT SC 29466 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSK sytAersion: 3268 i33 Q http://vvww.secretary.state,nc.us/corporations/Corp.aspx?Pitcm Id=5400006 8/3/2012 NOTICE TO REGISTERED AGENT: Under N.C.G.S, Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known address. Snow's Cut Crossing, LLC (0613183) 150 Fayetteville St., Box 1011 Raleigh, NC 27601 State of North Carolina Department of the Secretary of State CERTIFICATE OF REVOCATION OF CERTIFICATE OF AUTHORITY 1, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that the Certificate of Authority of Snow's Cut Crossing, LLC to transact business in the state of North Carolina has been revoked pursuant to the procedures set forth in N.C.G.S. Section 57C-7-14(a)(2) for failure to file an annual report effective as of the date set forth hereunder. Foreign Limited Liability Company revoked under N,C.G.S. Section 57C-7-14(b) may appeal the Secretary of State's revocation of its certificate of authority under the same procedures that a foreign corporation may appeal the revocation of its certificate of authority pursuant to N.C.G.S. Section 55- 15-32 and Section 55-15-33. This the 3rd day of October, 2011 Elaine F. Marshall Secretary of State Document Id: C201127600486 New Hanover County Page 1 of 1 PARID: ROSS 00-005-011-000 SNOWS CUT CROSSING LLC Parcel All ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners Owner City State Country Zip 1361 LAKE PARK BLV N 313118.31,0172,000 1361 N LAKE PARK BLV CAROLINA BEACH CAOB7 COM-Commercial 531-Retail Gen Merchandise 1 1.6904 HB-HB (1.69A) OUTPARCEL 2A SNOWS CUT CROSSING CB SNOWS CUT CROSSING LLC ❑EERFIELD IL 60015 THE DATA IS FROM 2012 L http://etax.nhcgov.com/Forms/PrintDatalet.aspx?pin=R08800-005-011-000&gsp=PROFILE... 8/6/2012 New Hanover County Page 1 of 1 PARID:ROSSOO-005-002-001 SNOWS CUT CROSSING LLC Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners Owner City State Country Zip 1401 LAKE PARK BLV N 313118.21.9453.000 1401 N LAKE PARK BLV CAROLINA BEACH CAOB7 COM-Commercial 528-Neighborhood Retail 1 7.5271 HB-HB ((7.50A) OUTPARCEL 1 SNOWS CUT MARKET PLACE CB SNOWS CUT CROSSING LLC CHARLESTON Sc 29402 THE DATA IS FROM 2012 http://etax.nhcgov.comIFormsiPrintDatalet.aspx?pin=RO8800-005-002-001 &gsp=PROFILE... 8/6/2012 N C D E N R - i:iviyn R1 iyf- f#Ili(IIIIIIII111111I111jI11JI1111[If711lI Surface V;iater >ardt�ct�oH Su ti n f[ t 1 1 1 127 Cardinal Drive Extension c� Wilmington, NC 28405 5'n J �5 CEIVJE JUL 1 5 �fl10 V �� I �� V/91 5huv1 C4f (✓Vsj,; , CLC 5 S25 Mr. John L. Berryman Wolfe Groupe, Inc. 4�v Wake Fc__ . >� a Raleigh, NC 29405@5406 PN a k R. g +, � AiNCY ROYJIS 02 1R $ 00.6 Lu 0006559826 JUL06 2010 z MAILED FROM ZIP CODE 28405. C� NXXzF_ 275 DE 1 DO 07/14/10 RCTURN TO SENDER INSUFrICIEINT ADORCSS UNAMLC TO FORWARD DC: 2040-SSF40627 j p *.2690-02470-14--la I11111I. I11111I11111111111I1I1III1III1)11HIM 11111111111111 I'' NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor July 1, 2010 Mr. John L. Berryman Wolfe Groupe, Inc. 4109 Wake Forest Road, Suite 304 Raleigh, NC 27609 Division of Water Quality Coleen H. Sullins Director Subject: PERMIT RENEWAL REQUEST Stormwater Permit No. SW8 000851 Pleasure Island Center New Hanover County Dear Mr. Berryman: Dee Freeman Secretary The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8 000851 to Pleasure Island Center for a High Density project on June 13, 2001. This permit expires on June 13, 2011. Per 15A NCAC 2H.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00. If this is still an active project please complete and submit the enclosed renewal application prior to December 13, 2010. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit, Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted stormwater treatment system, a certification of completion be submitted to the Division from an appropriate designer for the type of system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day, If you have any questions, please feel free to contact David Cox at 910-796-7318. Sincerely, ei�o�rg,tte Scott, Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures GDSldwc S:IWQS1Stormwater\RenewallRequests120011000851.ju110 cc: Wilmington Regional Office File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910.7902151 FAX: 910-350.20041 Customer Service: 1-877-623-6748 North C aro 1 i n a Internet: www.ncwaterquality.org 'JlJ , An Equal Opportunity 4 Affirmative Action Employer Naturally ra" DWQ USE ONLY Date Received Fee Paid Permit Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT RENEWAL APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1.. Stormwater Management Permit Number.: SW 2. Permit Holder's name (specify the name of the corporation, individual, etc.): 3. Print Owner/Signing Official's name and title (person legally responsible for permit): 4. Mailing Address for person listed in item 2 above: City: State: Zip: Phone: Fax: { } Email: 5. Project Name: 6. Location of Project (street address): City. County: 7. Directions to project (from nearest major intersection): IL PERMIT INFORMATION: Zip: 1. Specify the type of stormwater treatment: ❑Constructed Wetland ❑Bioretention ❑Wet Detention Basin ❑Dry Detention Basin ❑Infiltration Basin ❑Infiltration Trench []Sand Filter ❑Other: 2. List any changes from project that was originally approved (attach additional pages if needed): Form SWU-102 (Renewal Form) Version 02.16.09 Page l of 3 •� 3. Do you have a copy of the original Operation and Maintenance Agreement? (check one) ❑Yes (If yes, submit the attached (page 3) Operations and Maintenance verification sheet.) ❑No (If no, then submit a new Operations and Maintenance Agreement that can be located on the Division of Water Quality Home Page under the SMP Manual link: http://h2o.enr.state.nc.us/sulbmp_forms.htm) III. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map at lilt ://li2o.enr.state,nc.us/su/msi ma s.htni) 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original & I copy of the Stormwater Management Permit Renewal Application Form • Application fee of $505.00 (niade payable to NCDENR) • Operation & Maintenance Verification or a new O&M Agreement • SWU-101 Application Form (if requesting a niodifi'cation to the perniit) • Transfer of Ownership/Name Change Form (if requesting transfer of ownership) VI. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 3) certify that the information included on this permit renewal application is, to the best of my knowledge, correct and complete. Signature: Date: Form SWU-102 (Renewal Form) Version 02.16.09 Page 2 of 3 r Operations and Maintenance Verification 1 acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed in the original Operations and Maintenance Agreement. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Title:— Address:— Phone: — Signature: Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I, , a Notary Public for the State of , County of , do hereby certify that personally appeared before me this day of , and acknowledge the due execution of the forgoing storn«rater BMP maintenance requirements. Witness my hand and official seal, Notary Signature: SEAL My commission expires: Form SWU-102 (Renewal Form) Version 02.16.09 Page 3 of 3 r t G` M A r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: 2. Project Name: 3. Current Permit Holder's Company Name/Organization: 4. Signing Official's Name: Title: (person legally responsible for permit) 5. Mailing Address: City: State: 6. Phone: ( ) Fax: ( ) M II. PROPOSED PERMITTEE I OWNER I PROJECT I ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ❑ Change in ownership of the property/company (Please complete'ltems 1, 2, 3, and 4 below) ❑ Mailing address I phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: 2. Proposed permittee's signing official's name: 3. Proposed permittee's Title: 4. Mailing Address: City: Phone:(_) 5. New Project Name to be placed on permit: State: Zip: Fax: ( ? Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name of HOA or POA in #1 above and provide name of HOA(POA) president in #2 above). ❑ The property owner. ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner Information on page 4) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change Rev16Nov2009 Page 1 of 4 r0 ,It III . REQUIRED ITEMS This application package will not be accepted by the Division of Water Quality unless all of the applicable required items listed below are included with the submittal. 1. This completed and signed form. 2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee and Proposed Permittee Sections) 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit and if not already submitted to DWQ. 5. It the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from the Secretary of State office, which supports the named president, vice president, member, manager or General Partner. 6. The $40.00 processing fee. if this is an initial transfer from the original permittee to the property owner or other responsible party such as an I-IOA, the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements: ❑ Check here if the Current Owner is only changing the owner name, company name or project name, or the mailing address, and will retain ownership of the permit. I, , the current owner, hereby notify the Division of Water Quality that 1 am changing my name or company name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments as outlined above are not included, this application package will be returned as incomplete. ❑ Check here if Current Owner is transferring (selling) the property to a new owner and will not retain ownership of the permit. I, , the current owner, am submitting this application for a transfer of ownership for permit # . I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this permit. I further acknowledge and attest that I have transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records to the Proposed Permittee named in Sections II and V. of this form at the mailing address listed in Section II of this form. I further attest that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of this form. I understand that this transfer of ownership cannot be approved by the Division of Water Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs this form. I understand that in the event the facility is not in compliance or the Proposed Permittee does not sign this form, the responsibility to bring the facility into compliance and to comply with the terms and conditions of the permit remains with me until such time as the Proposed Permittee signs this form and the Division approves it. Signature: Date: I, 'a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) otary Signature SSW NIO Change Rev16Nov2009 . Page 2 of 4 ®a V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) . I, _ , hereby notify the Division of Water Quality that I have acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and maintaining, the permitted stormwater management system. I have examined the permit and inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit and to comply with the terms and conditions of the permit. i attest that I have reviewed this application for an ownership change and it is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. i further acknowledge and attest that in the event the required facility inspection reveals that the project is not in compliance with the permit, I understand this transfer of ownership will not be approved until the project is brought into compliance. I acknowledge and attest that I have received a copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records from the previous permittee. I further acknowledge and agree that i will construct and/or operate and maintain the system per the requirements listed in the permit and in the Operation and Maintenance agreement. Signature: County of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the day of 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature Additional copies of the original permit and the approved Operation and Maintenance plan can be obtained from the appropriate Regional Office of the Division of Water Quality. This completed form, including all supporting documents and processing fee, should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document. Both the lessee / developer and the property owner will appear on the permit as permittees. SSW N/O Change Rev16Nov2009 Page 3 of 4 VI: PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the Property Owner must provide hislher Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: Mailing Address: City: Phone: Email: State: (if different from street address) State: Fax: Zip: M I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop, lease or purchase the property. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that i will appear as a permittee along with the lessee/developer and that if the designated Proposed Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending sales contract, responsibility for compliance with the DWO Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWO by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the Stormwater treatment facility in accordance with the permit is a violation of NC General Statue 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner , County of day of Date: a Notary Public for the State of do hereby certify that personally appeared before me this the , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature (Notary Seal) SSW N/O Change Rev16Nov2009 Page 4 of 4 %ffOTYS/ 7-hi-5 r 5 41 t r ``he^�2 e r 4A 0f -Sp�j Cw-(- w2-y r� Cc.,J 23 `f ,�c1 �G•• 4$vl `� a Prepared by and when recorded return to: Elizabeth A. Karm'n, Esq. Akin Gump Strauss Hauer & Feld, LLP 1333 New Hampshire Avenue, N.W. Suite 400 Washington, D.C. 20036 DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration of Covenants and Restrictions (the "Declaration") is made and entered into as of the day of , 2004 by FOOD LION, LLC, a North Carolina limited liability company ("Food Lion"), and SNOWS CUT CROSSING, LLC, a South Carolina limited liability company ("Snows Cut Crossing"). Both Food Lion and Snows Cut Crossing shall be referred to herein•,collectively as "Declarant" and both shall be Grantor and Grantee for recording purposes. " RECITALS I. Declarant owns certain real property located in New Hanover County, North Carolina, consisting of approximately 15.77 acres being more particularly described on Exhibit A attached hereto and made part hereof (the "Shopping Center"), by virtue of a deed from J. Richard Corbett to Food Lion, LLC dated September 21, 2001 and recorded in the New Hanover County Registry in Deed Book 3051 at Page 845 and 848; and by virtue of a deed from Food Lion, LLC t o S nows C ut C rossing, LLC d ated D ecember 2 0, 2 001 a nd r ecorded i n t he N ew Hanover County Registry in Deed Book 3152, at Page 481; and by virtue of a deed from Food Lion, LLC to Snows Cut Crossing, LLC dated October 23, 2003 and recorded in the New Hanover County Registry in Deed Book 4070, at Page 689. 2. The Shopping Center has been subdivided into Outparcels 1, 2, 4 and 9 pursuant to that certain subdivision plat entitled "Map of Division Snows Cut Market Place, Federal Point Associates Tract '= Deed Book 1129 Page 468, Federal Point Township, New Hanover County, NC" prepared by Stocks Land Surveying, P.C., dated May 21, 2001 (the "First Subdivision 080907.0013 FEAST 7238346 0 Plat"), and recorded in the New Hanover County, North Carolina, Registry in Map Book 41 at Page 218, Outparcel 2 as shown on the First Subdivision Plat has been subdivided into Outparcels 2A, 2B, 2C and 2D pursuant to that certain subdivision plat entitled "Snows Cut Crossing Subdivision of Outparcel 2 — Map Book 41 Page 218, Federal Point Township, Town of Carolina Beach, New Hanover County, NC" prepared by WK Dickson, Surveyors, dated September 26, 2003 (the "Second Subdivision Plat"), and recorded in the New Hanover County, North Carolina, Registry in Map Book 45 at Page 17. The First Subdivision Plat and the Second Subdivision Plat shall be referred to collectively as the Subdivision Plats, Outparcels 1, 2A, 2B, 2C, 2D, 4 and 9 as reflected in such Subdivision Plats are sometimes referred to individually as an "Outparcel" or collectively as the "Outparcels." 3. Declarant desires by this instrument to allocate and restrict the impervious area and/or built -upon area for each Outparcel to a certain quantity as set forth herein. Declarant desires by this instrument to provide for and bind such Outparcels to the various restrictions and affirmative covenants provided for herein, in order to ensure ongoing compliance with State Stormwater Management Permit Number , as issued by the Division of Water Quality under NCAC 2H.1000. NOW, THEREFORE, in consideration -of the above premises and of the easements, covenants and restrictions herein contained, and for the mutual complement and benefit of the Outparcels and the intended development thereof, the Declarant does hereby declare, covenant and agree, that the Outparcels and all parts thereof and all present and future owners and occupants, thereof including their respective successors and assigns, shall (except as otherwise provided herein) be and hereby are subjected to the conditions, covenants, restrictions and other terms and conditions hereinafter set forth in this Declaration. ARTICLE I General Provisions 1. Establishment of Restrictive Covenants. Declarant does hereby adopt and establish the herein -described restrictive covenants, agreements and conditions with respect to the Shopping Ccnter and it is hereby agreed and declared that the Shopping Center shall be sold, transferred, conveyed, improved, used and occupied subject to the following covenants, conditions, restrictions, agreements and conditions, which shall (i) be covenants running with and binding upon the Shopping Center and the 0 utparcels, ( ii) inure tot he benefit of and be enforceable by Declarant, its successors and assigns, and other persons or entities hereafter acquiring ownership interests in Outparcels 1, 2A, 2B, 2C, 2D, 4, or 9, or any portion thereof, and (iii) be binding upon Declarant and its respective heirs, executors, administrators, successors and assigns, specifically including any and all subsequent owners of the Shopping Center or any portion thereof (including mortgagees and any purchasers at any foreclosure sale or by deed in lieu thereof), whether by purchase, descent, devise, gift, trade or otherwise, and each and all individuals and entities, by the acceptance of fee simple title to any portion of the Shopping Center, shall and do thereby agree and covenant to abide by and perform the following provisions and agreements. e 2 2. Compliance with Stormwater Permit. The following covenants are intended to ensure compliance with State Stormwater , Managemeni Permit Number as issued by the Division of Water Quality under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. These covenants are to run with the land and be- binding on all persons and parties claiming under them. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. Alteration of the drainage as shown on the plan approved in connection with the issuance of the stormwater management permit, may not take place without the concurrence of the State of North Carolina, Division of Water Quality. .T 3. Recordation of Declaration and Amendments. This Declaration, and any amendment, modification or revision thereto, shall not be effective until filed for record in the public real estate records for the county or counties or city or cities in which the Shopping Center is located. ARTICLE II Restrictive Covenants Declarant hereby declares, creates, imposes and establishes for the benefit of Outparcels 1, 2A, 2B, 2C, 2D, 4 and 9 as shown on the Subdivision Plats and each owner thereof, subject to the terms and conditions of this Declaration, that the maximum built -upon area (BUA) for the Outparcels shown. on the approved plans for the stormwater permit is as follows: Outparcel # ., BUA 2A 213 2C 21) 4 9 These allotted amounts include 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, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. The runoff from all built -upon area on the Outparcels must be directed into the permitted stormwater control system. Built -upon area in excess of the permitted amount set forth above will require a modification of the stormwater permit. The connection from any 3 i Outparcel's collection system into the stormwater control system shall be made such that short- circuiting of the system does not occur. Each Outparcel whose ownership is not retained by the original permittee, shall submit a separate offsite stormwater permit application to the Division of Water Quality and receive a permit prior to construction. ARTICLE III Miscellaneous 1. Term; Amendment. This Declaration and the covenants and restrictions set forth herein shall run with and bind all land within the Shopping Center Property, and shall inure to the benefit of and be enforceable by Declarant and its successors and assigns, and other persons or entities hereafter acquiring ownership interests in Outparcels 1, 2A, 2B, 2C, 2D, 4, and 9, and the State of North Carolina, Division of Water Quality, in perpetuity. This Declaration may be amended, supplemented or terminated, in whole or in part, with the consent and joinder of all and any owner or owners of the Outparcels with the consent and joinder of any trustee or mortgagee having an interest thereon, and with the consent of the State of North Carolina, Division of Water Quality. Any such amendment, supplement or termination will be effective at such t ime as an instrument reflecting such amendment, supplement or termination, signed by Declarant and other applicable party, is filed for record in the real property records of the county or counties or city or cities in which the Shopping Center is located. 2. Severability. If any of the covenants, conditions or terms of this Declaration shall be found void or unenforceable for any reason whatsoever by any court of law or of equity, then every other covenant, condition, restriction or term contained herein shall remain valid and binding. 3. En'forcement of Covenants. Declarant, and its successors and assigns, and other persons or entities hereafter acquiring ownership interests in Outparcels 1, 2A, 2B, 2C, 2D, 4, and 9, or any part of them, and the State of North Carolina Division of Water Quality, shall have the authority to enforce any and all of the covenants, restrictions, conditions and reservations set forth in this Declaration against any person or persons violating or attempting to violate the same and may enter proceedings at law or in equity to restrain a violation of the covenants contained herein and to recover damages for the breach or violation thereof Declarant agrees that a violation of the covenants contained herein may result in an immediate, irreparable harm for which money damages alone are not adequate. 4. Captions: Singular, Plural and Gender. The section headings are intended for convenience only and shall not be construed with any substantive effect in this Declaration. Words u sed h erein s hall b c d eemed t o i nclude t he s ingular and p lural a nd a ny gender a s t he context requires. S. Governing Law. This Declaration shall be governed by and enforced in accordance with the laws of the State of North Carolina. 6. Existing Agreements. The terms, conditions and provisions of this Declaration shall be in addition to and not a limitation of the terms, conditions and provisions of any other documents, instruments or agreements affecting Outparcels 1, 2A, 2B, 2C, 2D, 4, and 9. 4 it 7. Indemnification. Each Outparcel owner agrees to indemnify the other Outparcel owners from and `against any liability or damages which such other Outparcel owner may suffer or arise out of the violation of the covenants and restrictions set forth herein by each such Outparcel owner.-, 8. Execution in CounteEparts. This Declaration may be executed in any number of counterparts, each of which shall be an original, and all of such counterparts together shall be deemed to constitute one original agreement. 9. Exhibits. Exhibit A — Property Description I [Signatures appear on the following page.] 5 IN WITNESS WHEREOF, the parties have executed this agreement as of the day of , 2004. FOOD LION, LLC, a North Carolina limited liability company By: Name: R. Glenn Dixon, Jr. Title: Senior Vice President of Corporate Development SNOWS CUT CROSSING, LLC, a South Carolina limited liability company By: Name: Title: 6 STATE OF NORTH CAROLINA ) SS: COUNTY OF ROWAN ) To wit: I, , a notary public in and for the State of North Carolina aforesaid, do certify that R. Glenn Dixon, Jr., whose name as Senior Vice President of Corporate Development of Food Lion, LLC, is signed to the writing above, bearing date on the day of , 2004, has acknowledged the same before me in my City/County aforesaid. Given under my hand and official seal, this day of , 2004. My term of office expires on the day of 1200. _ STATE OF SS: COUNTY OF Notary Public To wit: I,; , a notary public in and for the State of aforesaid, do certify that , whose name as of Snows Cut Crossing, LLC, is signed to the writing above, bearing date on the day of , 2004, has acknowledged the same before me in my City/County aforesaid. Given under my hand and official seal, this day of , 2004. My term of office expires on the day of , 200_. Notary Public 7 EXHIBIT A All those certain lots and parcels of land lying and being in Federal Point Township, New Hanover County, North Carolina, known and being designated as Outparcel 1 Shopping Center, Outparcel 2, Outparcel 4, and Outparcel 9 as shown on that certain subdivision plat entitled "Map o f D ivision S now's C ut M arket P lace F ederal P oint A ssociates tract, D eed Book 1 129 Page 468, Federal Point Township, New Hanover County, North Carolina" and prepared by Stocks Land Surveying, PC, dated May 21, 2001 and recorded in Map Book 41 at Page 218 in New Hanover County, North Carolina, Public Registry. Outparcel 2 as shown on the aforementioned Subdivision Plat has been subdivided into Outparcels 2A, 2B, 2C and 2D pursuant to that certain subdivision plat entitled "Snows Cut Crossing Subdivision of Outparcel 2 — Map Book 41 Page 218, Federal Point Township, Town of Carolina Beach, New Hanover County, NC" prepared by WK Dickson, Surveyors, dated September 26, 2003, and recorded in the New Hanover County, North Carolina, Registry in Map Book 45 at Page 17. 8 ICI Cr •m ru l , Postage / u7 Certified Fee n A Q Return Receipt Fee (Endorsement Required) O Restricted Delivery Fee Q (Endorsement Required) O r-1 Total Postage & Fees M C] Sent To m' r ------------ Street, Apt- No.: I Vn ■ Complete it,.,ns 1, 2, artd 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. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I JX-,M z s � Snow s CufCrvss%��0 LC Ia�C� h/0e/find Sf� 5 �. 330 Chi ICY�� JJS-C Zcl -Arol A. � Agent ❑ Addressee Iv�dby Printed Name) C-Dt11' Doery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below; ❑ No 3. Service Type D,Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transferfroms rvfcefa 7002 1000 OOD5. 2389 7952. PS Form 3811. August 2001 Domestic Return Receipt 10259"2-M-1540 UNITED STATES POSTAL SERVICE �c,T0� S, ! rs#--1a�5s ai P NI tze & Fees'Paid r 5 r: • Sender: Please print your-4asne, address, ZIP+4.tt!*ti's x State of North Carolina DENR 127 Cardinal Drive Ext. Wilmington, NC 28405 (Attn: BEV r �� � Ittltlist�ttittia�tt�tlt�r�t��tlitll44!tl!>ftl!t!!!��!!l11t�l�� William G. Ross Jr.. Seore,ar?' No ftn Carolina Department of Environment and Natural Resources ,Ian W. Klimek. P.t.,Dire-tor " Division of VVater Quali), . Coleen H. Sullins, Deputy Director Division of Water Quality June 9, 2004 CERTIFIED MAIL n7002 1000 0005 2389 7952 RETURN RECEIPT REQUESTED Mr. Thomas J. J. Ravenel, Member/Manager (� Snow's Cut Crossing, LLC 180 Meetino Street, Suite 330 C~arleston,ySC 29401 Subject: Outparcel Development Snow's Cut Crossing Stormwater Project No. SW8 000851 New Hanover County Dear Mr. Ravenel. The Division has recently been questioned by a consultant regarding the built -upon -area limitation for certain outparcels at the Snow's Cut Crossing shopping center off US 421 in Carolina Beach, NC. The consultant was preparing plans for his client on Outparcels o and 8, and wanted to Know how much built -upon area the permit allowed for the development of those outparcels. I responded that the permit was not set up with outparcels, but there was an allotment of 202,554 square feet available for future development draining to Basin 43. A total of 338,026 square feet of future development built -upon area, split up between Basins 3 and 4, was permitted. A search of the New Hanover County Public Records Website revealed that the future deveiopmenarea accounted for in the permit is current) owned 4 =pod Lion, LLC. and had been previous) subdivided into outparcels numbered 2A, 2B, 2C, 2D, 4 and 9. Parcel 2A was recently sold to Snow's Cut Crossing and per-mitted as a Walgreen's, vv,hich used ua approximately 63,000 square feet of the future allotment amount. Your permit was issued based on the understanding that Snow's Cut Crossing, LLC: owned all of the future development area. The approved plans do not show the future development area as being owned by another party. It is impossible for Snow's Cut Crossing, LLC. to restrict the future development on property that it does not own. ; ood Lion, LLC. shouid have received it's own offsite permit to use the infiftration basin system pe m s i Ied under the Snow's Cut Crossing Shopping Center stormwater permit. Ful Cher subdivision or sale of the permitted project area requires a permit modification. Additionally, by copy of this letter to Food Lion, LLC, I am requesting that they submit an offsite stormwater permit application to account for the property that they own that has been accounted for under your permit. N'. C. Division, o`V.'a:e, 127 Cardinal Drive Extension f° ai 225-3soo Servi;.e 1':ii�ti- t7n Re:J:na. VJii'nino,on. NC 25425 (Pi 0) 350�2004 Fax 5Di E2'r1146 NZDEfVr? Pa0e 2 Of 2 i Please advise the development area Division as to the If out prior to Jul ownership of the parcels have been y �� 2004. Who remaining Permitted property has b created from the futu ewes Parcels 2B future selling or ieasin en bought or sold development , 2CP 2D, 4 and g? Of built_u 9 outparcels, the , you must modify your Property, or if of a!! the built -upon aPAropriate de a assigned a nor to buying, exceed pon area for the out ed restriction Specific maximum 202 5 square feet s must be amount } 54 s parcels, including Wa! r recorded. The total Please 9 een's, may not Provide answers hesitate questions Ju do not prior to Sincerely, e to call m iy S, 2004. If you have an e at (910) 395.3900. Y Linda Lewis Environmental Engineer RSSIari_ 5=1WQSlSTORMWATILETTE cc: RS12004100085?. L<'indaELeYjs}� 1un04 Food Lion, LLC f wl \l v, "Il 1'I5\'15l'y1 j11y1'11111,1 ',—Q j Sit t+\\\J�1 11 1; ty �1 1 ' � Q 1 `5t1+1 vim. a9+4 ylll�llll TO► u.4J • 1\ 1t 5 t y , ; y y' l+ 1, ,1 1 l 1 \1 ,1`y .t Yl tt 111 1 1 ' I THYDRANT EL 2&99 \51S,1 l l+lfl ll • `l,+`,tit 1 y + t ,lY ill �a It \ t l , ala a �,e cwc tUle o \ SPH�ILTfOiiIVE i I 18-CDNL CURB \ I r PREUF1 WARY -NOT RELEASED FOR CONSTRUCTION Lt,aT �w,craA �11T[IwA tt! na wu 1 steer aural wix'll a -a. xa J Col'+C- CwTRM ►ONT + sraRr . ff&.0C F.xaa7 FEDERAL POINT MEDICAL CENTER, INC. DEED 0001, 1069. PACE e0S I i PRELMNARY SITE PLAN z 1 i A i&..,.t r . ,-4--a- ach CON N ECTGIS CaBe Printed Julyly 31, 2013 WEB RQ-STING } { See Below for Disclaimer Vj -- �7 +' +v'''* s. 'y-. w L '� ••, J 3 F Parcels a..i�.. S ..: .$ i i,•� T 'V,4 �i'1• WS R. Town Limits �. k } .awl _ S Y.a'�.}� 3i ram` � i - . E F rr sL� . •s; I lh_! g ❑ Roads _ae:.., r�'i.»»� _ �S =.� ... �.L' 7 y��'� f3•..�.. �£.t"i:=�� �`?F� ii�._ a� 3 .. }...�-.o�.v� _ h .F� :�.. � �.�= k � _• WIM A �-�•r, tiL,L-K��1M.el n^4 r- Storm Pipe Manholes Outfalls G Valves O Sewer Main ry Y _ S ® j Lr It •.,r. 2/. Water Mains 0 L r 44E sky a ICY VIF 'i; A NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor July 1, 2010 Mr. John L. Ber an Wolfe Group , nc- 4109 W Forest Road, Suite 304 Ralei , NC 27609 Division of Water Qualify Coleen H. Sullins Director G � r A�to f Subject: PERMIT RENEWAL REQUEST Stormwater Permit No. SW8 000851 5 n� r,JS New Hanover County Dear Mr. Berryman: v 4-0 Dee Freeman Secretary The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8 000851 tc Pleasure Island Center for a High Density project on June 13, 2001. This permit expires on June-13, 2011. Per 15A NCAC 2H.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $505.00, If this is still an active project please complete and submit the enclosed renewal application prior to December 13, 2010, If this project has not -been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted stormwater treatment system, a certification of completion be submitted to the Division from an appropriate designer for the type of system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. Also enclosed is a new Operation and Maintenance agreement that should be completed and submitted along with your renewal application. You should be aware that failure to provide the Designer's Certification and.the operation of a stormwater treatment facility without a valid permit, are violations of NC, General Statute.143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact David Cox at 910-796-7318. Sincerely, Georgette Scott, Stormwater Supervisor Surface Water Protection Section Wilmington Regional Office Enclosures GDSldwc S:\WQS\Stormwater\Renewal\Requests\2001\000851.ju110 cc: Wilmington Regional Office File Wilmington Regional Office 127 Cardinal Crive Extension, W1lmington, North Carolina 28405 One Phone: 910-796.7 215 l FAX: 910-350-20041 Crts to mer Service: 1-877-82. 3-6748 North C a r4o l i n a lolecnet www.ncvvaterquality.org An Equal Opporhmlty % Afilnnativo Action Fmployur Nfltural DWQ USE ONLY Date Received Fee Paid Permit Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT RENEWAL APPLICATION FORM This forin may be photocopied for use as an original I. GENERAL INFORMATION 1, Stormwater Management Permit'Number: SW 2. Permit Holder's name (specify the name of the corporation, individual, etc.): 3. Print Owner/Signing Official's name and title (person legally responsible for permit): 4. Mailing Address for person listed in item 2 above: City: State: Zip: Phone: ( ) Fax: ( } Email: 5. Project Name: 6. Location of Project (street address): City: County: Zip: 7. Directions to project (from nearest major intersection): II. PERMIT INFORMATION: 1. Specify the type of stormwater treatment: ❑Constructed Wetland ❑Bioretention ❑Wet Detention Basin ❑Dry Detention Basin ❑Infi[tration Basin ❑Infiltration Trench ❑Sand Filter ❑Other: 2. List any changes from project that was originally approved (attach additional pages if needed): Form SWU-102 (Renewal Form) Rev 06May2010 Page] of 3 3. Do you have a copy of the original Operation and Maintenance Agreement? (check one) ❑Yes (If yes, submit the attached (page 3) Operations and Maintenance verification sheet.) ❑No (If no, then submit a new Operations and Maintenance Agreement that can be located on the Division of Water Quality Horne Page under the BMP Manual link: http://h2o.enr.state.nc.us/su/bmp—forms.htm) III. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on the interactive online map at hn:LLportal.ncdenr.org/web/wq/ws/su/niat)s Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original & I copy of the Stormwater Management Permit Renewal Application Form • Application fee of $505.00 (made payable to NCDENR) • Operation & Maintenance Verification or a new O&M Agreement • SWU-101 Application Form (if requesting a mortification to the permit) 2. If you are also requesting a ownership change or a name change then also submit the "State Stormwater Name Ownership change Form" available at: http://Rortal.ncdenr.org weblwq/wsisu/statesw/forms does. When requesting a permit ownership change please make sure that all signatures and initials for both parties are filled in on this form or the transfer cannot be completed and the original owner will remain as the permit holder. VI. APPLICANT'S CERTIFICATION 1, (print or type +urine of person listen in General Information, item 3) certify that I have a copy of the Permit and O&M Agreement on -site and that the information included on this permit renewal application is, to the best of my knowledge, correct and complete. Signa Date: Note: Additional copies of the original permit can be obtained from the appropriate Regional Office of the Division of Water Quality. (http://12ortal.ncdenr.org/weLLw-q/home/ro) Form SWU-102 (Renewal Form) Rev 06May2010 Page 2 of 3 Operations and Maintenance Verification I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed in the original Operations and Maintenance Agreement. I agree to notify DWQ of -any problems with the system or prior to any changes to the system or responsible party. Print name: Title: Address: Phone: Signature: Date: Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. a Notary Public for the State of , County of , do hereby certify that personally appeared before me this day of , and acknowledge the due execution of the forgoing stormwater BMP maintenance requirements. Witness my hand and official seal, Notary Signature: SEAL My commission expires: Form SWU-102 (Renewal Form) Rev 06May2010 Page 3 of *A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION 1. Stormwater Management Permit Number: 2. Project Name: 3. Current Permit Holder's Company Name/Organization: 4. Signing Official's Name: 5. Mailing Address: City: 6. Phone: { } (person legally responsible for permit) Fax: Title: State: Zip:, II. PROPOSED PERMITTEE / OWNER I PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) ❑ Name change of the owner (Please complete Items 1, 2 and 3 below) ❑ Name change of project (Please complete Item 5 below) ❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below) ❑ Mailing address / phone number change. (Please complete Item 4 below) ❑ Other (please explain): 1. Proposed permittee's company name/organization: 2. Proposed permittee's signing official's name: 3. Proposed permittee's Title: 4. Mailing Address:. City: T Phone: ( )_ 5. New Project Name to be placed on permit: _ State: Zip: Fax: ( Please check the appropriate box. The proposed permittee listed above is: ❑ HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name of HOA or POA in #1 above and provide name of HOA(POA) president in #2 above). ❑ The property owner. ❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on page 4) ❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner Information on page 4) ❑ Developer (Complete Property Owner Information on page 4) SSW N/O Change RevMov2009 Page 1 of 4 III. REQUIRED ITEMS This applicationpackage will not be accepted by the Division of Water Quality unless all of the applicable required items listed below are included with the submittal. 1. This completed and signed form. 2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee and Proposed Permittee Sections) 3. A copy of the recorded deed restrictions, if required by the permit. 4. The designer's certification, if required by the permit and if not already submitted to DWQ. 5. If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from the Secretary of State office; which supports the named president, vice president, member, manager or General Partner. 6. The $40.00 processing fee. If this is' an initial transfer from the original permittee to the property owner or other responsible party such as an HOA, the processing fee is not required. Subsequent ownership transfers will require the $40.00 processing fee. IV. CURRENT PERMITTEE'S CERTIFICATION Please check one of the following statements: ❑ Check here if the Current* Owner is only changing the owner name, company name or project name, or the mailing address, and will retain ownership of the permit. I, , the current owner, hereby notify the Division of Water Quality that I am changing my- name or company name and/or I am changing my mailing address and/or I am changing the name of the permitted project. I further attest that this application for a name/ownership change is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments as outlined above are not included, this application package will be returned as incomplete. ❑ Check here if Current Owner is transferring (selling) the property to a new owner and will not retain ownership of the permit. I, , the current owner, am submitting this application for a transfer of ownership for permit # I hereby notify DWQ of the sale or other legal transfer of the stormwater system associated with this.permit._1 further acknowledge and attest that I have transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records to the Proposed Permittee named in Sections II and V of this form at the mailing address listed in Section II of this form. I'further attest that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of this form. I understand that this transfer of ownership cannot be approved by the Division of Water Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs this form. I understand that in the event the facility is not in compliance or the Proposed Permittee does not sign this form, the responsibility to bring the facility into compliance and to comply with the terms and conditions of the permit remains with me until such time as the Proposed Permittee signs this form and the Division approves it. Signature: Date: 1, , a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature SSW N/O Change Rev16Nov2009 Page 2 of 4 r V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the Proposed Permittee for all transfers of ownership) I, , hereby notify the Division of Water Quality that I have acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and maintaining, the permitted stormwater management system. I have examined the permit and inspected the permitted facility, and agree to assume the rights and liabilities contairfed in the permit and to comply with the terms and conditions of the permit. attest that I have reviewed this application for an ownership change and it is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. further acknowledge and attest that in the event the required facility inspection reveals that the project is not in compliance with the permit, I understand this transfer of ownership will not be approved until the project is brought into compliance. I acknowledge and attest that I have received a copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement and copies of past maintenance records from the previous permittee. I further acknowledge and agree that I will construct and/or operate and maintain the system per the requirements listed in the permit and in the Operation and Maintenance agreement. Signature: Date: I, , a Notary Public for the State of County of , do hereby certify that personally appeared before me this the day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) otary Signature Additional copies of the original permit and the approved Operation and Maintenance plan can be obtained from the appropriate Regional Office of the Division of Water Quality_ This completed form, including all supporting documents and processing fee, should be sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural Resources, Division of Water Quality, as shown on the attached map. Please note that if the Proposed Permittee listed above is not the property owner, the property owner must complete and sign page 4 of this document Both the lessee / developer and the property owner will appear on the permit as permittees. SSW N/0 Change RevlMov2009 Page 3 of 4 VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION If the Proposed Permittee listed in Sections II and V of this form is not the Property Owner, the Property Owner must provide his/her Contact Information below and sign this form: Printed Name: Organization: Title within the Organization: Street Address: City: Mailing Address: city State: (if different from street address) State: Phone: Fax: Email: Zip: Zip: I certify that I own the property identified in this permit transfer document and have given permission to the Proposed Permittee listed in Sections II and V to develop, lease or purchase the property. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the construction and/or operation and maintenance of the stormwater system. . As the legal property owner I acknowledge, understand, and agree by my signature below, that I will appear as a permittee along -with the lessee/developer and that if the designated Proposed Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending sales contract, responsibility for -compliance with the DWQ Storrnwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or purchaser for the property. I understand that failure to operate and maintain the stormwater treatment facility in accordance with the permit is a violation of NC General Statue 143-215.1, and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature of the property owner Date: a Notary Public for the State of , County of , do hereby certify that personally appeared before me this the day of, , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, Notary Signature (Notary Seal) SSW N/O Change RevMoQ009 Page 4 of 4 July 19 Email. Subject: July 19 Email From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Tue, 20 Jul 2004 09:49:26 -0400 To: John Berryman <John@FullSpectrumDesigns.Biz> John: I apologize that your emails cannot get to me. Our system is protected by a vigilant virus software, and sometimes it won't allow emails to get to me, however I picked up a virus from DOT that appears to send emails out with my name on them, but I never sent them, and the recipients are not in my address book. I don't know what's going on, but try replying to this email and maybe re-enter my email address in your address book. My email address did not print out at the top of the email copy you faxed me. The form you need to fill out for the modification to the Snows Cut Crossing permit is the 4 page application form, SWU-101. Revised infiltration basin supplements need not be provided, since they will not be changing. - For Food Lion's application, they will need the 4 page SWU-101 and offsite supplements (SWU-106) for each of the outparcels they own, and a copy of the proposed deed restrictions. Make sure the numbers match up between the offsite amounts accounted for in the SCC modification and the BUA's for each OP under Food Lions application. I have attached the Forms and Documents link to our website where you can download these forms using Acrobat: http://h2c.enr.state.nc.us/su/Forms Documents.htm Linda 1 of 1 7/20/2004 9:54 AM 07/19/04 16:12 I-AX 9192353312 FULL -SPECTRUM -DE 9 001 John Berryman From: John Berryman [John@FullSpectrumDesigns.Biz] Sent: Monday, July 19, 2004 1:27 PM To: 'Linda Lewis' Cc: 'Barbra Mott'; 'Ekarmin@,AkinGump.com'; 'Thomas Ravenel' Subject: RE: SW 8 000851 Linda, Thanks you for this information and your quick response. Unfortunately the Mail demon for ncmail keeps returning my - emails to you so I have removed all previous information and attachments. I hope that you get this. We will proceed by copy of this email with the Deed preparation (Betsy Karmin, esq.) for Same's parcel (to be composed of 2B & 2C). The deed will be restricted quantitatively (see Berryman's comments below) as noted below and verbally as noted in the attachment (see Linda Lewis' comments below). Upon completion please copy Lewis, Mott, and Berryman. Further the modifications to Ravanel's Permit to allocate storm water to the remaining Food Lion property (Lots 2B, 2C, 2D, 4 and 9) will be prepared early next week (by Full Spectrum Designs (FSD)), this will be submitted to Thomas Ravanel for his review/approval and signature, then we will submit to DWQ for approval/permit modification. Simultaneously FSD will prepare DWQ permit application for Food Lion for an offsite permit to use the infiltration basins permitted under Ravanel's permit, with an agreement to record deed restrictions limiting the built -upon area on the out parcels. Thanks for your guidance on this Linda. Respectfully, John Berryman, PE President Full Spectrum Designs, PLLC 5029 Falls of Neuse Road Suite 210 Raleigh, NC 27609 919 235 3311 919 235 3312 (Fax) John@FullSpectrumDesigns, biz www.FullSpectrumDesigns.biz 640— ��A 41 CC: 'Barbra Mott'; 'Ekarminl,4kinGump.com'; 'Thomas Ravenel'Ab s4olllf 4J -0rAS el o 1 n tee 4O dt ft G�T � Tl�" % Z.Q.tr�t M If RE: Snows Cut Crossing Subject: RE: Snows Cut Crossing From: "Mark Hargrove" <mhargrove@wkdickson.com> Date: Tue, 1 Jun 2004 06:34:37 -0500 To: "Linda Lewis" <Linda.Lewis@ncmai1.net> I hate to cause someone a problem... but check .... was has opened at Carolina Beach on one of the out -parcels. Thanks Mark -----Original Message ----- From: Linda Lewis [mailto:Linda. Lewis @ncmail.net] Sent: Friday, May 28, 2004 11:48 AM To: Mark Hargrove Subject: Re: Snows Cut Crossing Mark: The only Walgreens showing up in my database in New Hanover County are at S. College & Oleander and at 17th Street & S. College. Apparently, they did not submit an application. Uh-oh. Linda Mark Hargrove wrote: How was the Walgreens permitted down there? were sold to Food Lion. The Walgreens is open. Thanks Mark I think the outparcels -----Original Message ----- From: Linda Lewis [mailto:Linda, Lewis @ncmail.net] Sent: Friday, May 28, 2004 9:53 AM To: Mark Hargrove Subject: Snows Cut Crossing Mark: The approved plans do not show any outparcels, only large chunks of "Future Development." I have nothing in the plans to indicate that the future development areas have been parceled out, so I am unable to give you BUA limits based on OP number. However, Basin 3 was designed with a maximum BUA of 202,554 sq. ft. all of which was designated as "future development". If the outparcels you are designing for were sold by Mr. Ravenel to your client, the OP's will need an offsite permit. Additionally, Mr. Ravenel will need to modify his permit to account for the "further subdivision of the project area", which requires a modification. 1 of 2 6/1/2004 8:13 AM RE: Snows Cut Crossing If the OP's are owned by Mr. Ravenel and are being leased by your client, I will still need a revised overall map of the project showing the OP property boundaries, and two sets of detailed layout/grading plans of the OP development. The OP development would then be just a plan revision, to be approved after the Master permit is modified to reflect the subdivision of the future development areas into outparcels. Linda 2 of 2 6/1/2004 8:13 AM `t STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWWP DATEITIME NAME /�ErIEE /`�rT�'`� REPRESENTING Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 12,m. Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files' you want to review by facility name or incident number, as appropriate. The number of files that you may review at one_appoi-ntment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There_ is no charge for 25-or less- copies.; cost per _copy after the initial 25 is 2.5-per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME SS 2. d 3. 4. COUNTY e Firm or Business Datel I Time In. Time Out iness card to form if available) # Copes: Amt. Pd: Stormwater File Review Request Subject: Stormwater File Review Request From: WIL Docman <wil-docman a thomas-hutton.com> O 11 i Date: Thu, 4 Sep 2008 09:46:05 -0400 To: "Jo.Casmeri@ncmail.net" <lo.Casmer@ncmail.net> Good Morning Jo, We are trying to obtain the Stormwater file for a site either known as the "Pleasure Islan)are pping Plaza" or "Federal Point Station." The site is located in Carolina Beach, New Hanover County. Wunder the impression that the Stormwater Permit was issued in the mid-1980's. Please let me knowere is any additional information that you may need to locate the file. t Thank you for your time and assistance, Ren6e Fortin Permit Coordinator Thomas & Hutton Engineering Co. www.thomas-hutton.com Fortin.rri�bthomas-nut cn.corn: (P)910-332-3406(F)910-332-3361 "Relationships and Solutions for Success" PRIVILEGED AND CONFIDENTIAL: This electronic message and any attachments are c Engineering Co. The information is intended only for the use of the person to whom it is a accessing, or disclosure of this message is prohibited. If you have received this message Hutton Engineering Co. and purge the message received. Do not forward this messaged P��t o6bgy yP4 tW property of Thomas & Hutton Pd. Any other interception, copying, please immediately notify Thomas B ��p 1 of 1 9/8/2008 8:30 AM ..i - s � � 4 � �. � r. e e STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office FILE ACCESS RECORD SECTION SWP DATE/TIME NAME _C�//i'is%/ S _ _ REPRESENTING Guidelines for Access: The staff of the Regional Office is.dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 4. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at4:45 Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify.files you want to review by facility name or incident number, as appropriate. The number of files that you_may review at appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies.; cost per copy after the initial 25 is 2.5 per copy. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases large totes etc, are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500,00, 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME 2. Signature/Name of Firm or Business Date (Please attach business card to form if available) Copes: Amt. Pd: COUNTY Time In Time Out Re: Snows Cut Crossing Subject: Re: Snows Cut Crossing From: Linda Lewis <Linda.Lewis@ncmai1.net> Date: Tue, 01 Jun 2004 15:26:01 -0400 To: Mark Hargrove cmhargrove@wkdickson.com> Mark: You can't find out how much goes on OP 6 or 8 because the permit wasn't set up with OP's. There is only a single lump sum allotted for ALL of the future development. The permittee (Ravenel) was supposed to keep control over the future development, but he has apparently sold outparcels without either modifying the permit, recording deed restrictions, or meting out the available future BUA among the outparcels. You'll have to wait until Ravenel responds to my letter requesting a modification to the permit to find out how much BUA each OP gets, or search the deed or covenants to see if a specific BUA amount was mentioned when your client bought the property, or have your client contact Ravenel directly. Linda Mark Hargrove wrote: The Walgreens could have been permitted under Ravenel Development out of South Carolina. How could I determine what impervious area is allowed for outpacesl 6 & 8 of the original plans? Thanks Mark -----original Message ----- From: Linda Lewis [mailto:Linda. Lewis@ncmail.net] Sent: Friday, May 28, 2004 11.: 4 8 AM To: Mark Hargrove Subject: Re: Snows Cut Crossing Mark: The only Walgreens showing up in my database in New Hanover County are at S. College & Oleander and at 17th Street & S. College. Apparently, they did not submit an application. Uh-oh. Linda Mark Hargrove wrote: How was the Walgreens permitted down there? I think the outparcels were sold to Food Lion. The Walgreens is open. Thanks Mark -----Original Message ----- From: Linda Lewis [mailto:Linda. Lewis@ncmail.net] Sent: Friday, May 28, 2004 of 2 6/1/2004 3:26 PM Re: Snows Cut Crossing 9:53 AM To: Mark Hargrove Subject: Snows Cut Crossing Mark: The approved plans do not show any outparcels, only large chunks of "Future Development." I have nothing in the plans to indicate that the future development areas have been parceled out, so I am unable to give you BUA limits based on OP number. However, Basin 3 was designed with a maximum BUA of 202,554 sq. ft. all of which was designated as "future development". If the outparcels you are designing for were sold by Mr. Ravenel to your client, the OP's will need an offsite permit. Additionally, Mr. Ravenel will need to modify his permit to account for the "further subdivision of the project area,,, which requires a modification. If the OP's are owned by Mr. Ravenel and are being leased by your client, I will still need a revised overall map of the project showing the OP property boundaries, and two sets of detailed layout/grading plans of the OP development. The OP development would then be just a plan revision, to be approved after the Master permit is modified to reflect the subdivision of the future development areas into outparcels. Linda 2 of 2 6/1/2004 3:26 PM � %NATO Michael F. Easley, Govemor aC O 1'Villiam G. Ross Jr.. Secretary �Q G North Carolina Department of Environment and Natural Resources > Alan W. Klimek, P.E.,Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 4, 2004 Mr, Thomas Ravenel, Member/Manager Snow's Cut Crossing, LLC 180 Meeting Street, Suite 330 Charleston, SC 29401 Subject: Outparcel Development Show's Cut Crossing Stormwater Project No. SW8 000851 New Hanover County Dear Mr. Ravenel: The Division has recently been questioned by a consultant regarding the built -upon area limitation for certain outparcels at the Snow's Cut Crossing shopping center off US 421 in Carolina Beach, NC. The consultant was preparing plans for his client, and wanted to know what the permit allowed for the development of the outparcels. I responded that the permit was not set up with outparcels, but there was an allotment of 202,554 square feet available for future development. The recent Walgreen's permit used up approximately 63,000 square feet of the future allotment. Please advise the Division as to the status of the permitted future development area. Has it been subdivided into outparcels, or has any portion of the property been sold, or does it remain as shown on the approved plans? If outparcels have been created or if property has been sold, you must modify your permit and assign a specific built -upon area maximum for each outparcel or sold piece, and record appropriate deed restrictions prior to selling or leasing the property. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSSlarl: S:IWQSISTORMWATILETTERS120041000851.jun04 cc: Linda Lewis N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Offree Wilmington, NC 28�05 (910) 350-2005 Fax 1 8DD 623-7748 NCDENR Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting'Director Division of Water Quality Wilmington Regional Office March 20, 2002 Mr. Thomas Ravenel, Project Manager Snows Cut Crossing, LLC 180 Meeting Street Suite 330 Charleston, SC 2940I Subject: PERMIT TRANSFER Pleasure Island Center (Snow's Cut Crossing) Stormwater Project No. SW8 000851 New Hanover County Dear Mr. Ravenel: The Division received some ofthe necessary documentation to transferthe subject permit to you on February 11, 2002. The following is a list of the items which need to be addressed or provided prior to processing the request: The required Designer's Certification was not included with the Operation and Maintenance plans. The Division is willing to continue with the transfer with the understanding that the permit to be issued to you will require that you provide this document upon completion of construction. 2. In the case of corporations, only a person of at least the level of president or vice president within the corporation may sign the forms to accept transfer of the permit. Please have someone with this title sign the permit transfer, or provide a letter of authorization signed by someone with the title of president or vice president, allowing you to sign on their behalf. A portion of the infiltration system is located within the right-of-way of Bridge Barrier Road, so an agreement between the Town of Carolina Beach and Coastal Carolina, LLC, was provided which allows the permittee the perpetual use of the right-of-way for stormwater management. Since you are now going to be the permittee; please have this agreement transferred over to Snows Cut Crossing, LLC. If you have any questions, please do not hesitate to call met at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSSlarl: S:1WQSIST0RMWATILETTERSISW8 000851.MAR cc: John Berryman Linda Lewis N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 W A TF�Q �O v c r 5 o "c Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Stormwater Management Permit Number: Sw 1. Permit Holder's name: (iUvl�e Gr c?OP =L G 2. Signing official's name: JUhn 1���- jn Title __ (person legally responsible for permit) 3. Mailing address: 410� Kl lie lb�-cST RU Sfe D—U4City: F`0/erC4 State: NC Zip Code: 2 -7 (ODD Phone: 9 (9 57G `)- Z 17 FAX 9 I q 7-90 8 839 (Area Code and Number) (Area Code and Number) II. NEW OWNER / PROJECT / ADDRESS INFORMATION This request is for: (please check all that apply) Change in ownership of the property/company (Please complete Items #2, #3, and 44 below) b. Name change of project (Please complete Item #5 below) C. Mailing address change. (Please complete Item 44 below) d. Other (please explain): 2. New owner's name to be put on permit: C2LSs Ctig 3. New owner's signing official's name and title:. RAt,;&kX-,L, (Person legally responsible for permit) (Title) 4. New Mailing address: j !E�o =k) : City: ) T- q40 j State: fR`_ Zip Code: 2.Q,401 Phone:�43 -123 - ( ,_[7S FAX _MS-123 - 0A 12a s (Area Code and Number) • (Area Code and Number) 5. New Project Name to be placed on permit: NbERR N.C. Division of Water Quality 127 Cardinal give Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 PERMIT NAME/OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: This completed form. 2. Legal documentation of the transfer of ownership. A cop, of the recorded deed restrictions, if required by the permit. 4. The engineer's certification, if required by the permit. 5. A signed Operation and Maintenance plan; if a system that requires maintenance will change ownership. CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, , attest that this application for a name/ownership change has been reviewed and is accurate d com lete to the best of my knowledge. I understand that if all required parts of this applicatiion are not co e and th t if all required supporting information and attachments are not included, this application packa ill be eturn - mplete. Signature _ % _,�Y M Date: D D N v cant's Certification: (Must be completed for all transfers ofowncrship) I, '}oiila S . 'J "� CA`)C-E , attest that this application for an ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all reed supporting information and attachments are not included, this application package will be returned ash ete/.-] , //� Signature: Date: 2.I8) 0-L THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 ATIN: Linda Le«7s Permit No. SW ccfj 8 __ (to be provided by DWQ) State of North Carolina Department of Envi.ronment.and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIL: SUPPLEMENT This form may be photocopied far use as an original DM Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater management permit application, an infiltration basin supplement for each system, design calculations, soils report and plans- and specifications showing-all'stormwater conveyances.and system details. I. PROJECT Il*iFORMATION Project Name . J►''tOLE -!5 Contact Person: R-a) 5. r 0,itoSSI.rDG Phone Number: 3rt�C�o5 Qt<i 15 This work -sheet applies to: Basin No. 3 in Drainage Area . (as identified on plans) (from Form SWU-101) II. DESIGN INFORMATION -Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are notan acceptable source -of soils information. All elevations shall be in feet mean sea level (fmsl). Soils Report Summary Soil Type Infiltration Rate SHWT Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation i or cf/hr/sf (circle appropriate units) 13 fmSI (Seasonal High Water Table elevation) inch (1.5 inch event for SA waters, I inch event for others) 1(a o3 c.f. 0,35 days ¢U-7 ft. x ft. _ _4 -7 U sq. ft. (bottom dimensions) Z-7 3 o¢ c.f. fmsl Z Z. O fmsl Z 3 . v fmsl Form SWU-103 'Rev 3.99 Pane I of 3 III. REQUIRED ITEMS CHECK -LIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space providedto indicate that 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. Attach justification if'a requirement has not been met. Applicants Initials a.. System is located 50 feet from class SA waters and'30 feet.from other surface waters.. System is located at least 100 feet from water supply wells. Bottom of system is at least 2.feet above the, seasonal:high water table. " Bottom of the system is 3 feet above any bedrock or impervious soil horizon. System is not sited on or in fill material or DWQ approval has been obtained. System is Iocated in a recorded drainage easement. for the purposes of operation and maintenance -and has recorded access easements to the nearest public right-of-way. Drainage area for the device is less than 5 acres. 17 h. Soils have•a minimum hydraulic conductivity of 0.52 inches per hour and soils report is attached. J t" i. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). Design volume and infiltration calculations attached. j. System is sized to take into account the runoff at the ultimate built -out potential from all �j surfaces draining to the system, including any off site.drainage. Calculations -attached. �—`k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V). A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided. :ZZ2- in, Bottom of the device is covered with a layer of clean sand to. an average depth of 4 inches or dense vegetative cover is provided. n. Vegetated filter is provided for overflow and detail is shown on plans (Required minimum Iength is 50 feet for SA waters, 30 feet for other waters). o. Flow distribution mechanism within the basin is provided. P. A benchmark is provided to determine the sediment accumulation in the pretreatment device. q. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided). r.- System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days. A soils report and all pertinent draw -down calculations are attached. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Form SWli-!Oa Rev 3.99 Pace 2 of 3 IV. INFILTRATION BASIN OPERATION AND AZAINTENANCE AGREEMENT 1_ After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetated cover to maintain a maximum height of six inches, and remove trash as needed. 3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage -and deterioration. Remove any blockage and repair the structure to approved design specifications. 4. Remove accumulated, sediment from.the pretreatment system and infiltration basin annually or when depth in the pretreatment unit.is reduced to 75% of the original design.depth. The system.shall be restored to the, original' design depth without: over -excavating. Over -excavating may cause the required water tab le. separation to be,redtzced and -may compromise the ability of the, system to perform as designed. Removed sediment shall be disposed of in. an appropriate, mannen and shall not.be handled in a. manner that will adversely irzipactwater quality (i.e. stockpiling near a stofmwater treatment device or stream, etc.). A benchmark shall be established in the pretreatment unit. The benchmark will document. the original design depth so that accurate sediment, accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth.reading and not readily penetrate into accumulated sediments. When the design depth reads' feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin. 5. If the Division determines that the system is failing, the system will immediately be repaired to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAG 2H .1000 must be designed, approved and constructed. I acknowledge and agree by my signature below that I am responsible for the performance of the five maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Tit:le��"1QY1'l� Address: 160 Nj -C-L�k� I�A I \1�u 0_, rci S • , 's, C i4`�C3 I Date: 2L Note: The legally responsible parry 1hould 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. 1, �� C�_ ota(ry Public for the Sttatte, a^fl � ` County of t�f -- �, a,i try t lr"`J Y (.; Y'4�i� 5 C_L-� �— U do hereby certify that personally appeared before me this _ day of , M' and ac owled,_ th ue execution of the forgoing infiltration basin maintenance requirements. Witness m hand and official sat, SEAL My commission expires r Form SWU-103 Rev 3.99 Paae 3 of 3 I m Permit No. 560 <� OCX-)_3 S f (to be provided by DWQ) State of North -Carolina. Department of Envirorunent and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION: BASIN SUPPLEMENT This form may be photocopied for use as an or ginal DWQ-Stormwater Management Plan Review: - A comprete stormwatermanagementplan submittal includes a stormwater'management permit application, an infiltration basin supplement for- each system,. design calculations,. soils report. and plans and specifications showing -all stormwater, conveyances -and system details. I. PROJECT INFORMATION Project Name :-S (emu k Cro ss n Contact Person: T C� Phone Number: (31 �_-(p(e05 9-k cJ This worlcsheet applies to: Basin No. _ _ 2 _ in. Drainage Area fas identified on plans) (from Form SWU-101) H. DESIGN INFORMATION - Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (fmsl). Soils -Report Summary Soil Type Infiltration Rate SHWT Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation �ure,h g &ior cf/hr/sf (circle appropriate units) 13 fmsl (Seasonal High Water Table elevation) inch (1.5 inch event for'SA waters, I inch event for others) �10 c.f Z , 6o days x sq. ft. (bottom dimensions) 0, 821 c.f. O fmsl 2 fmsl Z 2.0 fmsl Form SWU-103 Rev 3.99 Paae 1 of 3 III. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources-, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate that 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.. Attach justification if a requirement -has not been met. Applicants 1nitials a. System -is located50 feet from class- SA waters and 30 feet from other surface waters.. b_. System is located at least 100 feet from water. supply wells.. c. Bottom of system is -at least 2 feet above.the:seasonal' high water table:. d.. Bottom of the system is 3 feet.above any bedrock or impervious soil horizon.. e:. System is not sited on or in fill material or DWQ approval has been obtained. f. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. g. Drainage area for the device is less than 5 acres. h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is attached.-7P-. i. -:System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event /J for areas draining to SA. waters ). Design volume and.infiltration calculations attached. j_ System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including.any off -site drainage. Calculations attached. k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V). 1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or sediment trap is provided. in. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches or dense vegetative cover is- provided. n. Vegetated filter is provided for overflow and detail is shown on -plans (Required minimum length is 50 feet for SA waters, 30 feet for other waters). Flow distribution mechanism within the basin is provided. A benchmark is provided to determine the sediment accumulation in the pretreatment device. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided). System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days. A soils report and all pertinent draw -down calculations are attached. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Form SWU-103 Rev 3.99 Patre 2 of 3 1'v, INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT 1. After every runoff producing rainfall event and at least monthly inspect the- infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetated cover to maintain a maximum height of six inches, and remove trash as needed. 3. After everyrunoff producing rainfall. event. and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration.. Remove any blockage and.repair the structure to approved. design specifications. 4. Remove accumulated sediment from the pretreatment system. and infiltration basin annually or when depth in- the, pretreatment• unit is reduced to 75% of the original design depth. The -system shall be restored to the -original -design depth without over -excavating.. Over -excavating may cause the required'water table:separadon.to be.reduced and may compromise the ability of the system to perform as designed. Removed sediment shall.be disposed of in an appropriate manner -and shall not be handled -in a.manner, that will adversely irripact water quality (i.e. stockpiling near a storinwater treatment device or stream, etc.). A benchmark shall be established in.the•pretreatment unit. The benchmark will document the original. design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated. sediments. When the design depth reads feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin. 5. If the Division determines that the system is.failing, the system will immediately be repaired to original design specifications. If the system. cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H 1000 must be designed, approved and constructed. I acknowledge and agree by my signature below that I am responsible for the performance of the five maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system -or responsible party. Print.Name and Title. Addressli c Phone: R O:� -q a 3 -UQO Signature: l _s Sc 1c-401 Date: .2. t7 2, Note: The legally responsible party should At be a homeowners association unless more than 50% of the lots have been sold and a president of the subdivision has been named the president. - xtb4 ct- r� % I Wn t-) Notary Public for tine —State of&)'Ac&fo� �" 'ounty of M"' , do hereby certify that ' Q-� J'� `{ t.t-� LJks-9-- personally appeared before me this day of 7-Jb xand ackno edge th du execution of Ae focping infiltration basin maintenance requirements. Witness my hand and official seal, SEAL My commission expires V` L r U 1 Four S WU-1 d3 Rev 3.99 Pa,e 3 of 3 Permit No. Sw s ow?s� (to be provided by DWQ) State of. North Carolina Department of Environment and Natural. Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT' This form may be.photocopied for use as an original DWQStormwater Management Plan Review: A complete stormwater:man agement,plan submittal includes•a stormwater-management permit application, an infiltration basin. supplement, for Teach system, design, calculations,, soils report and. plans, and specifications showing:all stormwater:conveyances,and system details. I. PROJECT INFORMATION nn ��}} Project Name :. ::f>n cJ�. l � trf�USS l tJ� L,LC Contact Person: Phone Number: ((7+3) ia3-Ct Ie S U.HS This worksheet applies to: Basin No. - in Drainage Area (as identified on plans) (from Form SWU-101) H. DESIGN INFORMATION - Attach supporting calculations/documentation. The soils report must be based upon- an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (fmsl). Soils Report.Summary Soil Type Infiltration Rate SHWT Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation g &ior cffhr/sf (circle appropriate units) 13 fmsl (Seasonal High Water Table elevation) 1 inch (1-5 inch event far SA waters, I inch event for others) lC>f�Z4- c.f. _6, 60 days 94- ft. x f ft. = /3(07 sq. ft. (bottom dimensions) 1 Z, 31 c.f. (&. U fmsl Zo. D fmsl 'Z /. U fmsl Form SWU- f 03 Rev 3.99 Pace I of 3 r III. REQUIRED ITEl1'IS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual . (N.C. Department of Environment, Health and Natural Resources, February-1999). and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate that the following design requirements have been met and supporting documentation is attached. If the applicant has designated an.agent in the Stormwater Management Perm -it Application Form, the agent may initial below. -Attach justificatiori if a regeiifement'has not -been met ApI WaT�ls pli a. b.. d. e: f.. g. Drainage area for the device is less than 5 acres. h. Soils have a minimum hydraulic conductivity of 0.52inches per hour and soils report is �k z Es 0 System is located.50 feet from class SA.waters-and 30-feet from other surface waters.. System is located at least 100 feet from water supply wells. Bottom of system is at least 21eet above the seasonal, high-water table. Bottom of the system is 3 feet above any bedrock or impervious soil, horizon. System.is not sited on or in fill material or DWQ approval' has-been obtained. System,is located in a recorded drainage easement for. the purposesof 'operation and maintenance and has.recorded'access easements.to the nearest public right-of-way:. attached. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for areas draining to SA waters ). Design volume -and infiltration calculations attached. System is sized to take into account the runoff at the ultimate -built -out potential from all surfaces draining to the system, including any off site drainage. Calculations attached. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V). A pretreatment device, such as a catch basin, grease trap, filter strip, grassed swale or sediment .trap is provided. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches or dense vegetative cover is provided. Vegetated filter is provided for overflow and detail is shown on plans (Required minimum length is 50 feet for SA waters, 30 feet for other waters). Flow distribution mechanism within the basin is provided. A benchmark is provided to determine the sediment accumulation in the pretreatment device- q- Runoff in excess of the design volume bypasses off-line systems (bypass detail provided). System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days. A soils report and all pertinent draw -down calculations are attached - Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Form SWU-103 Rev 3.99 Page 2 of 3 rV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT 1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas immediately, re -seed. as necessary to maintain adequate vegetative cover, mow vegetated cover to maintain.a maximum height of six inches, and remove trash as needed. 3. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures'for blockage -and deterioration. Remove any blockage and repair the structure to approved design specifications.. 4: Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth inAhe pretreatment unitis reduced to 75% of the original. design depth. The -system shall be -restored to the original design depth without over -excavating. Over-excavatingmay cause the -required water table. separation -to be reduced and'may compromise the ability of the.system.to perform as -designed.. Removed. sediment shall be disposed' of in an appropriate manner and shall* not be handled in .a manner that will adversely impact water quality (i.e. stockpiling near a stotmwater treatment.device-or stream, etc.).. A benchmark shall be established in the pretreatinent.unit.. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such -that it will give an accurate depth reading and not readily penetrate into accumulated sediments. feet in the pretreatment unit, the sediment shall be When the design depth reads - • 1 removed from both the pretreatment unit and the infiltration basin. 5. If the Division determines that the system is failing, the system will immediately be repaired to original design specifications. If the system cannot be repaired to perform its design. function, other;stermwater control devices as.allowed by NCAC 2H .1000 must be designed,. approved and constructed.. I acknowledge and .agree by my signature below that I am responsible for the performance of the five maintenance procedures listed above. I agree to notify DWQ of any problems with the -system or prior to any changes to the syste -or responsible party. Print Name and Title:Address: DU If `�I .Q. 1 - c ��J QJAJaA lC,-)_�VN SG LGti�i Phone: Lou Date: Signature: Note. The legally responsible parry should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I _ 1 _ (2"CL 1 �� a NAtary Public for the State of �?1i "eounry of �.:.UL-C�! `� �� do hereby certify thatL) personally appeared before me this _ day of l Land acknow dge the ue ution of th rgoing irtrltration basin maintenance requirements. Witness my and and official seal, SEAL My commission expires 'u— I " - J - — t Form SWU-103 Rev 3.99 Page 3 of 3 .. � a . t .. }r i . f 4 Y t Permit No. Oct) 31Sl (to be provided by DWQ) State of North Carolina Department, of Environment and Natural Resources Division of Water Quality. STORMWATER MANAGEMENT PERMIT APPLICATION. FORM INFIL• TRATION' BASIN SUPPL• EMENT' This form.may be photocopied for use -as an-originaI• DWQ Stormwater Management Plan Review:. .� A. complete stormwater management plan submittal• includes, a stormwater management permit; application,. an infiltration basin supplement for each system,. design calculations,. soils,, report and plans. and specifications. showingall stormwater, conveyances and'system details. { L. PROJECT INFORMATION ProjectiName.: 6 ��t(11(o 5 S'S. T �- Contact Persom �� Ch Pho he Number: R 3- �elen5 e rcr �5 This worksheet applids to:- Basin No. in Drainage Area ..I �. (as ident(ted on plans) (from Form SWU=101) _l H. DESIGN INFORMATION - Attach supporting calculations/documentation. The soils report must be based upon an actual -field investigation and soil borings. County soil maps are not an acceptable source of soils -information. All'elevations shall be in feet mean sea level (fmsl). ' Soils Report Summary Soil' Type l e tJ Infiltration Rate 8 in/lu- r cf/hr/sf (circle appropriate units) SHWT Elevation i 3 fmSl (Seasonal High Water Table elevation) Basin Design -Parameters •� Design Storm inch (1.5 inch event for SA waters, I inch event for others) Design Volume I c_f. Drawdown Time days Basin Dimensions Basin Size Z&O ft. x f 3 5 —Sq. ft. (bottom dimensions) Basin Volume Provided LZ ZZI c.f. Basin Elevations Bottom Elevation /7fmsl Storacr ge Elevation ZO. _ fmsI Top Elevation 2 Z_ 0 fmsl Form SWU-103 Rev 399 Paae I of 3 III. REQUIRED ITEMS CHECKLIST The following checklist- outlines desia requirements per the Stormwater Best Management Practices Manual (N-C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section:' 15 A NCAC 2H .1008. Initial in the space provided to indicate that 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:, Attach -justification if'a requirement has not been met - Applicants s tials a_ System is located'.50 feet.from class SA waters -and 30 feet from other surface waters. I System is located at Teast.100 feet from. water supply wells:_ . c__ Bottom of system is at least 2 feet above the, seasonal'bigh.water table. d. Bottom of the system is 3 feet above any bedrock or impervious soil.horizon. System is not sited on or in fill material or DWQ approval has been obtained. Systern-is located in a recorded`drainage easement for the purposes:of operation and. maintenance and has recorded access easements: to the nearest public; right-of-way. �g: Drainage, area for the. device is less than.5 acres. h. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is i. attached_ - System captures and infltrztes'the runoff from the first I.0 inch of rainfall (1.5 inch event h for areas draining -to SA waters-). Design volume anddinfiltration calculations, attached. System is sized to take into account the runoff at the ultimate built -out potential from all . surfaces draining to the system, including any off site drainage. Calculations attached_. k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H: V). 1. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale,or h /C— in. sediment trap is provided. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches n. or dense vegetative cover is provided. Vegetated'filter is provided for overflow and detail is.shown on plans (Required minimum `— o. length is 50 feet for SA waters, 30 feet for other waters). Flow -distribution mechanism within the basin is provided. _ p. A benchmark is provided to determine the sediment accumulation in the pretreatment device. p� q. Runoff in excess of the design volume bypasses. off-line systems (bypass detail provided). r. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days. A soils report and all pertinent draw -down calculations are attached. S. Plans ensure that the installed s;�stern will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area. is stabilized. Form SWU-103 Rev 3.99 Pale 2 of 3 t 1V. INFELTRATION BASIN OPERATION AND MAINTENANCE AGREEMEN 1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas. immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetated cover to -maintain a maximum height of six inches, and.remove trash as needed. 3. After every runoff producing rainfall event and at least monthly inspect the bypass,.inflow and overflow structures for blockage and deterioration. Remove any blockage and repair the structure to approved design specifications. 4. Remove accumulated! sediment from the pretreatment system,and infiltration basin -annually or.when depth inthe pretreatment unit is reduced to 75%-of the -original &sign.depth.'The system shall be•restored. to the original design depth without over -excavating. Over -excavating may. -cause the required water table separation to be -reduced and may compromise the ability of the -system to perform as designed. Removed. sediment shall'be • disposed of in an appropriate manner and shall not be handled in. a -manner that will adverse] y•imipact water quality (i.e. stockpiling near: a stormwater treatment device or stream, etc.). A benchmark shall be established ' in the pretreatment unit. The benchmark will document the original design depth- so that accurate sediment accumulation readings can be taken.. The -measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the design depth reads feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin. 5. If the Division determines that the. system is failing, the system will immediately be repaired to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed: I acknowledge and.agree by my signature below that I am -responsible for the performance of the five maintenance procedures listed above. I.agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title:_ ,I€V�- Address: i� �`'� S 3 QaLVILA '1� C Phone: �5 - 1 �, -� - ucact Signature: • �i 16.102 Note_ The legally responsible`party should n9be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. do hereby certify that day of r __>Y d ac requirements. Witness my hand and official he' SEAL. Pubic for the Stpte of (&i-bl' 0_ ` ounty of personally appeared before me this _ yeth due executio of the forgoing infiltration basin maintenance My comrnission expires Form SWU-103 Rev 3.99 Page 3 of 3 0 [1;wd: Snow's Cut Crossing - SW8 000851 j Subject: Twd: Snow's Cut Crossing - SW8 0008511 From: Linda Lewis <Linda.Lewis@nemail.net> Date: Thu, 27 May 2004 10:25:00 -0400 To: Beverly Rivenbark <Beverly.Rivenbark@ncmail.net> CC: Mark Hargrove <rnhargrove@wkdickson.com> Forwarded as requested. Linda Subject: Snow's Cut Crossing - SW8 000851 From: "Mark Hargrove" <mhargrove@wkdickson.com> Date: Thu, 27 May 2004 09:07:12 -0500 To: "Linda Lewis (Linda Lewis)" <Hnda. lewis@ncmail. net> Could you Forward this to Bev Rivenbark... don't have her email. Could you fax me a copy of the permit info that states how much of Out -parcels 5, 6, 7 & 8 can be impervious....they all drain to Basin No. I We are designing a site on Out -parcels 6 & 8. Thanks Mark N. Hargrove, PE Project Manager - Wilmington Office WK Dickson & Co., Inc. (910)-762-4200 Fax (910)-762-4201 Snow's Cut Crossing - SW8 000851! Content -Type: message/rfc822 Coute!t-Encoding: 7bit 1 of 1 5/27/2004 11:17 AM :i. .' .f - , .i. ,r .. r , .. �, r, t ' , ,� � i � �' ' � �! � ., ■s prom: 1!1;hn Tucker To; Linda Lewis A Date: U12/01 Time. 5:30:30 PNt Page I o" 2 To: Linda Lewis Company.- NCDENR - DWQ Fax Number, 19103502004 Subject : Pleasure Island Pages including cover page: 2 MESSAGE NIs. Lewis: FAX COVER From : John Tucker Company : Fax Number : 919-567-3611 Time : 5:28:08 PM Date : 6/12/01 Thanks for the fax. Sorry about carting the 3933 number thru the calcs - sometimes, its hard to sec the forest for the trees. The 1365 S1- for the hottom area is correct. Calculations have been corrected and sealed. Thanks John Tucker giECEIVED JUN 1 2 2601 DWQ PROJ # WinFax PRO Cover Page 1 RAVENEL Monday, May 06, 2002 DEVELOPMENT CORPORATION VIA FACSIMILE (910)-350-2004 and MAIL Ms. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Lewis Letter of 04/24/02 Compliance Inspection Snow's Cut Crossing Storm water Project No. SW8-000851 New Hanover County Dear Ms. Lewis: I trust you received Mr. Berryman's letter concerning compliance issue 3.a (regarding drawings) and that issue has been put to bed. We will accept responsibility for the remaining points raised. Specific actions on our part per item 4 of your -inspection report are as follows: a. The drainage has been constructed per the October, 2001 drawings which were issued to us for construction. The construction drawing dates and the DWQ drawing dates are not the same. Mr. Berryman's letter applies to this issue. Please advise if this issue is resolved. b. Our site contractor will reconstruct the temporary swales designated to remain after Basins 3 and 4 are constructed. As you have seen, Basins 3 and 4 are in place. c. Now that irrigation is in place the grass will grow within the system. Between lack of rain and sand soil our efforts at grassing have not been productive to this point. d. We will provide the Engineers' Certification when we have regrassed. We will be in town on Wednesday, May 8, 2002 and would like to meet with you at that time. Please advise Paul Schafer by telephone (843-224-1790) if this is possible. We can stay over to Thursday, May 9"' if necessary. Sincerely, T , o Raven j ember / Manager. . Cc: Paul Schafer John Berryman (via fax: 919-790-8839) P.O. BOX 420 • CHARLESTON, SOUTH CAROLINA 29402-0420 180 MEETING STREET • SUITE 330 • CHARLESTON, SOUTH CAROLINA 29401 PHONE (843) 723-6605 • FAX (843) 723-6635 P. 1 } � COMMUNICATION RESULT REPORT ( MAY. 7.2002 FILE NODE OPTION 325 MEMORY TX' ------ REP ON FOR ERROR E-1) HPING UP OR LINE FAIL E-3) h10 pt'ISWER 0� W A r � p � ADDRESS (GROUP) --------------- 8--84372366:35 9:05RM ) TTI RESULT --------OK NCDENR WIRO PAGE --------P.-1-1 E-2) BUSY E-4) NO FACSIMILE CONNECTION _• __ Michael F, Easley, Governor Willlam G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources FAX COVER SHEET Date: May 7, 2002 To: Mr. Thomas Ravenel, Member -Manager Company: Ravenel Development Corporation FAX #: 843-723-6635 D'WQ Stormwater Project Number: S'W8 000851 Project Name: Snow's Cut Crossing NfESSAGE: Dear Mr, Ravenel: Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office No. of Pages: 1 From; Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Prone # 910-395-3900 My schedule for the next two weeks is as full of meetings as I can allow it to be and still get my permit work 1� done in a timely rmmuier. A.dditioiially, I see no need to meet on this issue. I have received a ennv nfr},s- of Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office FAX COVER SHEET Date: May 7, 2002 No. of Pages: 1 To: Mr. Thomas Ravenel, Member -Manager From: Linda Lewis 1 Company: Ravenel Development Corporation Water Quality Section - Stormwater FAX #: 843-723-6635 FAX 9 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 000851 Project Name: Snow's Cut Crossing MESSAGE: Dear Mr. Ravenel: My schedule for the next two weeks is as full of meetings as I can allow it to be and still get my permit work done in a timely manner. Additionally, I see no need to meet on this issue. I have received a copy of the construction plans that were used to construct the project. After I review them for compliance with the permitted condition, I will make my decision as to whether or not the permit has been violated, and if a modification and enforcement action is warranted. It will probably be sometime next week before I am able to review them. Until that time, there is really nothing to discuss or meet about. If I find the plans acceptable, you will be notified, and I will await the engineer's certification to process the, change of ownership. Upon receipt of all required documentation, the change of ownership will be processed, and the permit will be reissued in the name of the new owners. S:1WQS1S`I'ORMWATILhTTERS100085 LMAY KAT +t+iCUENR N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-774B oa r) .t. RAVENEL DEVELOPMENT CORPORATION Monday, May 06, 2002 VIA FACKMILE (910)-350-2004 and MAIL Ms. Linda Lewis NC Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Lewis Letter of 04/24/02 Compliance Inspection Snow's Cut Crossing Storm water Project No. SW8-000851 New Hanover County Dear Ms. Lewis- 1 trust you received Mr. Berryman's letter concerning compliance issue 3.a (regarding drawings) and that issue has been put to bed. We will accept responsibility for the remaining points raised. Specific actions on our part per item 4 of your inspection report are as follows: a. The drainage has been constructed per the October, 2001 drawings which were issued to us for construction. The construction drawing dates and the DWQ drawing dates are not the same. Mr. Berryrnan's letter applies to this issue. Please advise if this issue is resolved. b, Our site contractor will reconstruct the temporary swales designated to remain after Basins 3 and 4 are constructed. As you have seen, Basins 3 and 4 are in place. c. Now that irrigation is in place the grass will grow within the system. Between lack of rain and sand soil our efforts at grassing have not been productive to this point. d. We will provide the Engineers' Certification when we have regrassed. We will be in town on Wednesday, May 8, 2002 and would like to meet with you at that time. Please advise Paul Schafer by telephone (843-224-1790) if this is possible. We can stay over to Thursday, May 9's if necessary. Sincerely, % T o aveil ember / Manager i Cc: Paul Schafer John Berryman (via .fax: 919-790-8839) P.O. BOX 420 • CHARLESTON, SOUTH CAROLINA 29402-0420 180 MEETING STREET • SUITE 330 • CHARLESTON, SOUTH CAROLINA 29401 PHONE (843) 723-6605 • FAX (843) 723-6635 * * * COMMUNICATION RESULT REPORT ( JUN. 4.2001 10:29AM ) '1. . i FILE MODE OPTION ADDRESS (GROUP) 552 MEMORY TX 8-9195673611 11 RESULT OK ------------------------------------------------------------------------------------- REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor Williams G. Ross, Jr., Secretary FAX COVER SHEET Date: June 412001 To: John Tucker, P.E. Company: FAX #: 919-567-3611 DWQ Storznwater Project Number: SW8 000851 Project Name: Pleasure Island Center MESSAGE: P. 1 -W,IRQ, PAGE P. 2/2 %.r NCDENR No" CaROLINA DEPARTMENY QF EwRONMENT ANM NATURAL RESCURGES No. of Pages: 2 From:.Linda Lewis 'Water Quality Suction - Storm'uvater FAX # 910-350•2 Phone 1-395-3900 Mr, Tucker: ,I ,spoke with Jahn Berryman this morning. He told me about the Maryland design manual you were using. The Division has a design manual that we have used since 1,995. 1 have enclosed a ennv of the vnlnmA f,,pinnintinn No th Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary FAX COVER SFIEET Date: June 4, 2001 To: John Tucker, P.E. Company: FAX #: 919-567-3611 DWQ Stormwater Project Number: SW8 000851 Project Name: Pleasure Island Center M F,SSAG E: Mr. Tucker: 1 • • NCO'DENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES No. of Pages: 2 From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 I spoke withJohn Berryman this morning. He told nic about the Maryland design manual you were using. The Division has a design manual that we have used since 1995. I have enclosed a copy of the volume calculation sheet from our manual. Mr. Berryman indicated that you were worried about sore of the basins not meeting the volume requirements if only the bottom area of the infiltration basin could be used. I believe if you recalculate the minimuln volume needed based on the Division's BMP manual, you can alleviate that problem. S:1WQS1S"I'ORM WA'I'IADDINI, 0100085 i .JUN 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An R(Iual Opportunity Affirmative Action Employer 50%) recycled/10`%a post -consumer paper To determine the required surface area of the permanent pool, take the number from the table, divide by ] 00 and multiply this number by the contributing drainage area. Example: assume a 10 acre site with.3 acres of impervious cover. 1. % impervious = 3/10 = 0.30 or 30% 2. Assume an average permanent pool depth of 4 feet 3. From the chart, with 305E impervious and a 4 foot depth, the SA/DA ratio is given as 1.085E 4. The required surface area would then be; (1.08 / 100) * 10 acres = 0.108 acres or 4,705 square feet 5. The design runoff volume (the temporary water quality pool) to be controlled must be held in the pond above this pool permanent pool level. An example of finding this volume is shown below, Example: Again, on the same 10 acre, 305E impervious site. Using the runoff volume calculations in the "Simple Method" as described by Schueler (1987): Rv=0.05 + 0.009(l) Rv = runoff coefficient = storm runoff (inches) / storm rainfall (inches) I = Percent Impervious = Drainage area (acres) / Impervious portion of the drainage area (acres) In this example: Rv = 0.05 + 0.009 (30) Rv = 0.32 (in.Cin.) For the volume that must be controlled: Volume = (Design rainfall) (Rv)(Drainage Area) Volume = 1" rainfall * 0.32 (inches /) * 1/12 (feet / inches) * 10 acres Volume = 0.267 acre feet or 11,616 W This volume must be drawn down over a period of two to five days. NOTE: Other methods may be used to determine time volume of runoff from the I" storm, but care must be taken because all methods have their limitations and applications. The method shown is used because it offers a conservative estimate of runoff volume for a broad variety of land uses and impervious cover percentages. State Stormwater Management Systems Permit No. SW8 000851 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In ao-ordance with the provisions�'of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Snow's Cut Crossing, LLC Snow's Cut Crossing New Hanover County FOR THE construction, operation and maintenance of four infiltration basins in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until June 13, 2011 and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS 1. This permit is effective'•oniy with respect to the nature and volume of stormwater described in the application and other supporting data. 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 a total of 683,892 square feet of impervious area, in 4 infiltration basins. 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. 5. The built -upon area for the future development is limited to 338,026. Basins 3 and 4 have been provided for the future runoff and must be constructed prior to any development within those drainage areas. 6. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 2 L State Stormwater Management Systems Permit No. SW8 000851 Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Name of Receiving Stream/index #: Classification of Water Body: If Class SA, chloride sampling results: Basin Number: Basin Depth, feet: Bottom Elevation, FMSL: Drainage Area, acres: Total Impervious Surfaces, ft2: Offsite Area entering Pond, ftz: Required Storage Volume, ft3: Provided Storage Volume, ft3: Temporary Storage Elevation, FMSL: Controlling Orifice: Soil Type: Seasonal I-ligh Water Table: Expected Infiltration Rate: Time to Draw Down, days: IVISION OF WATER QUALITY 20JECT DESIGN DATA SHEET Snow's Cut Crossing SW8 000851 New Hanover County Mr. Thomas Ravenel, Member/Manager 180 Meeting Street, Suite 330 Charleston, SC 29401 June 12, 2001 (modified May 9, 2002) Snow's Cut / 18-87-31.5 "SC" n/a 1 2 3 4 3.6 4 3 4 17 17 19 16 4.98 2.52 4.65 3.11 216,929 109,769 202,554 135,472 rerouted road runoff via curbing, per Engineer 17,174 83690 - 16,035 10,724 17,229 8,821 27,408 12,310 20.6 21 22 20 bypass at storage elevation pipe Sand 13 FMSL 8" per hour 1 3 0.4 0.6 3 State Stormwater Management Systems Permit No. SW8 000851 H. SCHEDULE OF COMPLIANCE l . "The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 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 the filter media, catch basins and piping. g. Access to the basins must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. A portion of the proposed stormwater management facilities are located within the right-of-way of Bridge Barrier Road. The Amended Letter of Agreement between the Town of Carolina Beach and Snow's Cut Crossing, LLC, dated April 4, 2002, must remain in effect for the life of the development. This agreement allows the permittee the perpetual right of use of a portion of the right-of-way of Bridge Barrier Road for the purpose of locating stormwater management facilities. Prior to any violation, default or nullification of the agreement, a modification to the permit must be submitted which proposes other stormwater management measures in accordance with the most recent version of the stormwater rules in effect, to replace those affected by the violation, default or nullification. 6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 8. 1 f the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. 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. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. If the proposed BUA for the future area exceeds the amount allowed by this permit, a modification to this permit must be submitted and approved prior to construction. 4 State Stormwater Management Systems Permit No. SW8 000851 11. A modification must be permitted prior to any construction. The following items will require a modification to the permit. The Director may determine that other revisions to the project should 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, acquisition, or sale of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major Permit was sought. f Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. g. An increase or decrease of the approved drainage area. h. An increase or decrease of the approved offsite drainage. 12. 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. 13. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 14. 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. 15. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. III. GENERAL CONDITIONS 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. 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. State Stormwater Management Systems Permit No. SW8 000851 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Permit issued this the 20th day of May, 2002. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Gregory J. Thorpe, P . ., Acting Director ✓( Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 000851 Snow's Cut Crossing r1 •J Planning. Design. Construction Administration 4/29/2002 MAY o 1 2002 �- Linda Lewis NCDENR, Division of Water Quality, Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Snow's Cut Crossing, Carolina Beach, NC SW8 000851 Dear Linda: 4109 Wake Forest Road, Suite 304, Raleigh, NC 919.876.9217 Facsimile 919.7E The plans at the site were issued with the revision date of October 26, 2001 "for construction". The drawings had some minor changes that did not affect the area being drained to each basin (assuming the site was graded in accordance with the plans). Enclosed are two sets of drawings for your use. These drawings have not had any significant changes made that will alter the DWQ storm water system. The areas drained are as previously shown with some minor modifications to pipe layout that simplified the pipe layout only, the areas being drained to each basin did not change. The area being drained into each basin is as calculated on the latest application form. Over flow piping from the basin at the comer of Bridge Barrier and Spencer Farilow Road was modified to take the water to the west side of Bridge Barrier because there was a greater drop in elevation than going to the east side as originally planned. The town of Carolina Beach preferred this design as it provided better flow of the storm water in the overflow situation. Please call if I may be of further assistance. Sincerely, zv;�X'W�� John L. Berryman III, PE President Cc: Bill Beauchene -- Via Fax Paul Schafer —Via Fax 1Trint servlserver data1200010025-SnowsCut.pj\Correspondence\L Lewis 042902.00C RAVENEL DEVELOPMENT CORPORATION RECEINT APR 10 230Z 13Y: Tuesday, April 09, 2002 Ms. Linda Lewis N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Permit Transfer Pleasure Island Center (SnovJs Cut Crossing) Stormwater Project No. SW8 000851 New Hanover County, NC Dear Ms. Lewis: Enclosed is the remaining documentation that you requested in your letter of March 20, 2002. The documentation includes the original permit applications that you sent back to me, documentation of the operating agreement for SnaWs Cut Crossing, LLC, and a revised Letter of Agreement between the Town of Carolina Beach and SncWs Cut Crossing, LLC. If you have any questions, please call me at 843/224-1790. Since , aul Scha er Director of Retail Devel pment P.O. BOX 420 • CHARLESTON, SOUTH CAROLINA 29402-0420 180 MEETING STREET • SUITE 330 • CHARLESTON, SOUTH CAROLINA 29401 PHONE (843) 723-6605 • FAX (843) 723-6635 [RECEIVE':: APR 1 0 2002 f r : i OPERATING AGREEMENT OF SNOW'S CUT CROSSING, LLC TABLE OR CONTENTS ARTICLEI..................................................................................................................................................................I DEFINITIONS......................................................................................................................................... ... I .............. ARTICLE1I.................................................................................................................................................................4 ORGANIZATION....................................................................................................................................................4 2.1 FORMATION.........................................................................................................................................4 2.2 NAME--- ....................................................................................................4 ......................................... 2.3 DESIGNATED OFFICE... ....................... ............................................................................................. 4 2.4 REGISTERED AGENT..........................................................................................................................5 2.5 PRINCIPAL OFFICE IN THE UNITED STATES OTHER OFFICES . .............................. ................... 5 2.6 PURPOSES............................................................................................................................................5 2.7 FOREIGN QUALIFICATION................................................................................................................ 5 2.8 TERM........................................................................................................................ .....5 ........................ 2.9 MERGERS.......................................................................................................... ................................... 5 2.10 NO STATE -LA W PARTNERSHIP.......................................................................................................... 6 ARTICLEIII...............................................................................................................................................................6 MEMBERS............................................................................................................................................................... 6 3.1 ADMISSION OF MEMBERS . ................................ .......... .......................... ............................................ 6 3.2 REPRESENTATIONS AND WARRANTIES........................................................................................... 6 3.3 RESTRICTIONS ON THE DISPOSITION OF A MEMBERSHIP......................................................... 7 3.4 ADDITIONAL MEMBERS. .. - . ............................. - ......................... - ..... ........................................ -,.8 3.5 INTERESTS IN A MEMBER. 8 3.6 INFORMATION....................................................................................................................................8 3.7 LIABILITIES TO THIRD PARTIES....................................................................................................... 9 3.8 CLASSES AND VOTING . ............. ............................ ..................................... ......... ........................ I...... 9 3.9 PLACE AND MANNER OF MEETING.................................................................................................9 3.10 CONDUCT OF MEETINGS . ............................................... .................................................................. 9 3.11 ANNUAL MEETING............................................................................................ . ...................... .........10 3.12 VOTING LISTS . .......................... .................................................................................................. 3.13 SPECIAL MEETINGS..........................................................................................................................10 3.14 NOTICE . ................................... ................................ ........................................ ................................... 10 3.15 QUORUM OF MEMBERS...................................................................................................................11 3.16 VOTING REQUIREMENTS; WITHDRAWAL OF QUORUM.............................................................11 3.17 VOTING OF MEMBERSHIP...............................................................................................................11 3.18 ACTION WITHOUT MEETING. .... . ................................... -- ................................. .......................... 11 3.19 ASSIGNMENT OF DISTRIBUTIONAL INTERESTT ........................................................................... 3.20 DISTRIBUTION IN KIND...................................................................................................................12 3.21 RIGHT TO DISTRIBUTION . .......................... ..................................................................................... 12 3.22 LIMITATION ON DISTRIBUTION . .................................................................................................... 12 3.23 BUYOUT OF DISSOCIATING MEMBER...........................................................................................12 3.24 RESTRICTED ACTIVITIES; OTHER BUSINESS OR ACTIVITIES...................................................13 3.25 BANKACCOUNTS............................................................. ........ ...................................... .13 ARTICLE IV..................................................................................................................... .......13 .................................. CAPITAL CONTRIBUTIONS............................................................................................................................... 13 4.1 INITIAL CONTRIBUTIONS................................................................................................................13 4.2 SUBSEQUENT CONTRIBUTIONS.....................................................................................................13 4.3 FAILURE TO CONTRIBUTE............................................................................................... ........ ....... 13 4.4 RETURN OF CONTRIBUTIONS.........................................................................................................15 4.5 ADVANCE BY MEMBERS...................................................................................................................15 4.6 MAINTENANCE OF CAPITAL ACCOUNTS...................................................................................... 15 4.7 DIS TRIB UTION OF A SSE TS ............ ......... ....................................... :.................................................. 15 4.8 SALE OR EXCHANGE OF INTEREST...............................................................................................15 4.9 COMPLIANCE WITH SECTION 704(b) OF THE CODE..................................................................16 ARTICLEV...............................................................................................................................................................16 ALLOCATIONSAND DISTRIBUTIONS............................................................................................................16 5.1 ALLOCATIONS OF NET PROFITS AND NET LOSSES FROM OPERATIONS . ............................... 16 5.2 COMPANYMINIMUM GAIN CHARGEBACK...................................................................................16 5.3 MEMBER MINIMUM GAIN CHAR GEBACK..................................................................................... 16 5.4 QUALIFIED INCOME OFFSET.........................................................................................................17 5.5 INTERIM DISTRIBUTIONS................................................................................................................ 17 ARTICLEVI ..............................................................................................................................................................17 MANAGERS..........................................................................................................................................................17 6.1 MANAGEMENT BY MANAGERS........................................................................................................17 6.2 ACTIONS BY MANAGERS; COMMITTEES: DELEGATION OF A UTHORITY AND DUTIES . ....... 17 6.3 POWERS OF MANAGERS.................................................................................................................. 18 6.4 NUMBER AND TERM OF OFFICE....................................................................................................18 6.5 REMOVAL........................................................................................................................................... Is 66 RESIGNATIONS..................................................................................................................... ............ ..19 6.7 VACANCIES.......................................................................................................................... .............. 19 6.8 PLACE AND MANNER OF MEETINGS.............................................................................................19 6.9 FIRST MEETINGS..............................................................................................................................19 6.10 REGULAR MEETING OF MANAGERS..............................................................................................19 6.11 SPECIAL MEETING OF MANAGERS................................................................................................19 6.12 NOTICE OF MANAGERS`MEETINGS..............................................................................................19 6.13 ACTION WITHOUT MEETING..........................................................................................................20 6.14 QUORUM; MAJORITY VOTE . ...................................... ...... ---- ...... ............................ .................... 20 6.15 REQUIRED APPROVAL OR RATIFICATION OFACTS OR CONTRACTS BY MEMBERS.............20 6.16 INTERESTED MANAGERS, OFFICERS AND MEMBERS................................................................ 20 6.17 COMPENSATION............................................................................................................................... 21 ARTICLEVII............................................................................................................................................................22 INDEMNIFICATION................................................................................................................. ....................22 7.1 INDEMNIFICATION........................................................................................................................... 22 ARTICLEVIII...........................................................................................................................................................22 TAXES.................................................................................................................................................................... 22 8.1 "TAX MATTERS PARTNER............................................................................................................... 22 ARTICLEIX..............................................................................................................................................................22 NOTICE............................:.....................................................................................................................................22 9.1 NOTICE...............................................................................................................................................22 ARTICLEX ...............................................................................................................................................................22 DISSOLUTION, LIQUIDATION, AND TERMINATION...................................................................................22 10.1 DISSOL UTION.................................................................. .......... ............ ......................................... ... 22 10.2 WINDING UP AND TERMINATION -..............................................................................................23 10.3 DEFICIT CAPITAL ACCOUNTS . .......................... ....................................................... ...................... 24 10.4 ARTICLES OF TERMINATION..........................................................................................................24 ARTICLEXI..............................................................................................................................................................24 GENERALPROVISIONS...... ....... -1 ........... ...... ................................................ I ....................................... 24 m 11.1 BOOKS AND RECORDS..................................................................................................................... 24 11.2 AMENDMENT OR MODIFICATION..................................................................................................25 11.3 CHECKS, NOTES, DRAFTS, ETC......................................................................................................25 11.4 HEADINGS..........................................................................................................................................25 11.5 CONSTRUCTION................................................................................................................................ 25 11.6 ENTIRE A GREEMENT; SUPERSEDURE..........................................................................................25 11.7 EFFECT OF WA VER OR CONSENT................................................................................................26 11.8 BINDING EFFECT................................................................................................................. .. 11.9 GOVERNINGLAW,-SEVERABILITYSEVERABILITY ................................................................................................. 11.10 FURTHER ASSURANCES...................................................................................................................26 11.11 NOTICE TO MEMBERS OF PROVISIONS OF THIS AGREEMENT ................................................. 26 11.12 COUNTERPARTS................................................................................................................................26 11.13 CONFLICTING PROVISIONS . ........ ................................................. .... ...... ........................................ 27 om The undersigned, being all the Members and Managers hereby certify that the foregoing Operating Agreement was unanimously adopted by the Managers; and the Member, effective as of the date first written above, TO WITNESS WHICH I have hereunto affixed my signature. MEMBER: (SEAL) Thomas J. J. Ravenel, as 4Vember MEMBER: SEAL) Renee R. Brockinton, as a member MANAGER: (SEAL) Thomas J. J. Ravenel a manager MANAGER: k4�1(SEAL) Renee R. Brockinton, as a manager -28- EXHIBIT A MEMBER CONTRIBUTION Thomas J. J. Ravenel $750.00 Renee R. Brockinton $250.00 hfii,t—1 C r—l— r-,--,nnr Mr. Thomas Ravenel, Project Manager l�f Snows Cut Crossing, LLC 180 Meeting Street Suite 330 Charleston, SC 29401 Subject: PERMIT TRANSFER Pleasure Island Center (Snow's Cut Crossing) Stormwater Project No. SW8 000851 New Hanover County Dear Mr. Ravenel: The Division received some of the necessary documentation to transfer the subject permit to you on February 11, 2002. The following is a list of the items which need to be addressed or provided prior to processing the request: 1. The required Designer's Certification was not included with the Operation and Maintenance plans. The Division is willing to continue with the transfer with the understanding that the permit to be issued to you will require that you provide this document upon completion of construction. 2. In the case of corporations, only a person of at least the level of president or vice president within the corporation may sign the forms to accept transfer of the permit. Please have someone with this title sign the permit transfer, or provide a letter of authorization signed by someone with the title of president or vice president, allowing you to sign on their behalf. 3. A portion of the infiltration system is located within the right-of-way of Bridge Barrier Road, so an agreement between the Town of Carolina Beach and Coastal Carolina, LLC, was provided which allows the permittee the perpetual use of the right-of-way for stormwater management. Since you are now going to be the permittee, please have this agreement transferred over to Snows Cut Crossing, LLC. If you have any questions, please do not hesitate to call met at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSSlarl: S:1WQSISTORM=WATILETTERSISW8 000851.MAR cc: John Berryman Linda Lewis ENR N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service . 800-623-7748 r. - - •�Jy. r_ Y..,, M � _� Y�.'��,.�y:t: '_-i',JY�sati"�_ .__ ... .. ... _ _ � V .._ - - ,rsF„ -- Michael F. Easley, Governor .WAT () Y - �Q �O 0 �? r � =f Mr. Thomas Ravenel, Project Manager Snows Cut Crossing, LLC c/o Ravenel Development Corporation PO Box 420 Charleston, SC 29402-0420 . Dear Mr. Ravenel: William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director .`:Division of Water Quality Wilmington Regional Office April 24, 2002 Subject: COMPLIANCE INSPECTION Snow's Cut Crossing Stormwater Project No. SW8 000851 New Hanover County Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report". The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on April 23, 2002 to determine compliance with Stormwater Permit Number SW8 000851 issued on June 13, 2001. Because this permit is in the process of being transferred, I will copy this letter to both you and Mr. Berryman, as the new permittee and the current permittee. The two of you will need to make arrangements to have this corrected before I can issue the transfer. If you prefer, I can accept a written statement from you accepting the responsibility for dealing with the issues raised in this inspection letter. A summary of the findings and comments are noted under Section 4 of the report. Please inform this Office in writing before May 24, 2002 of the specific actions that will be undertaken and the time frame required to correct the deficiencies. Failure to provide .the -requested information, when required, may -initiate enforcement.action. If you have any questions please contact me at the Wilmington Regional Office, telephone number (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSS/:arl S:IWQSISTORMWATIINSPECT1000851.APR cc: John Berryman Wilmington Regional Office N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 STORMWATER COMPLIANCE INSPECTION REPORT .1. Project Name: Snow's Cut Crossing Project Number: SW8 000851 Water Body: Snow's Cut Control Measure: 3 infiltration basins Classification: SC Directions to site, address: Off Highway 421, just over the Snow's Cut bridge, in Carolina Beach. 2. Inspection Date: April 23, 2002 Weather Conditions: sunny & cool 3. Compliance Issues: a. The site's drainage system is not per the plans approved on June 13, 2001. The contractor had plans dated October, 2001, which show a different drainage system. b. The required temporary diversion swales are not in place. Runoff from portions of the site is not being directed into the basins. C. The basins have only recently been seeded, and no grass is present now. 4. Required Actions: a. While all the drainage appears to make it to the correct place, I will need two sets of modified plans showing the revised system (and the revised drainage areas, if needed) so I can check them for compliance with the permit. Please remember that the permit requires you to submit all modifications for approval prior to making the modification. b. Please construct the temporary. diversion swales, per the approved plans. All runoff must be directed to an infiltration basin. C. The permit requires that the system be vegetated and operational for it's intended use before the built - upon surfaces are constructed. Please work intently on getting that.grass to grow - over the next few months. d. The Designer's Certification has not been submitted. Per my March 20, 2002, letter, do you agree to provide the required certification -upon completion of the system? .Please indicate your answer in writing. Inspector: Linda.Lewis Water Quality/Wilmington Regional Office/(910) 395-3900 RSS/:arl S:1WQSISTORMWATIINSPECT100085I.APR Entity Names ' http://www.secretary.state.nc.us/Corporations/Corp.asp?5400006 DEPARTMENT OF THE SECRETARY OF STATE V Corporations Date: 3/20/2002 Document Filings Corporation Names Name Snow's Cut Crossing, LLC Limited Liability Company Information SOSID: 0613183 Status: Current -Active Name Date Formed: 12/1312001 Citizenship: Foreign State of Inc.: SC Duration: 12/31/2051 Registered Agent Agent Name: C T Corporation System Registered Office 225 Hillsborough Street Address: Raleigh NC 27603 Registered Mailing 225 Hillsborough Street Address: Raleigh NC 27603 Name Type Legal Principal Office 180 Meeting Street, Suite Address: Charleston SC 29401 Principal Mailing No Address Listed Address: I of 1 1 3/20/2002 3:42 PM RAVENEL DEVELOPMENT CORPORATION RECEIVED February 8, 2002 FE3 1 ; 2002 DWQ PRoj # 50 � 00 2� S Ms. Linda Lewis NC Dept. of Environmental & Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Snow's Cut Crossing, Carolina Beach, NC Food Lion Shopping Center DWQ Storm Water Project #000851 New Hanover County Dear Ms. Lewis: Please find enclosed one (1) copy of the completed DWQ Stormwater Permit Name / Ownership Change Form and one (1) copy each of completed Forms SWU-103 for Basins 1,2,3 and 4. Sincerely, aul Schafer cc. Thomas Ravenel P.O. BOX 420 • CHARLESTON, SOUTH CAROLINA 29402-0420 180 MEETING STREET • SUITE 330 • CHARLESTON, SOUTH CAROLINA 29401 PHONE (843) 723-6605 FAX (843) 723-6635 FED — 4-02! 1`110" 1 4= 59 W CLrr r en & S i r-,k I -a-r P . 02 0 NO TITLE SEAIZ('11 IIAS BEEN REQUESTED AND NO SFARCH IIAS BEEN PERhORMKIJ. FOR REG15TROTION REGISTER oi, OEE05 REBECCR I. CHRISNON MEWA.^L HOVER COLWTV , NC Ili-cpared by: htU1ZC'IiISON, TjkYI,OR Rr GIiISON, LI.P BK-3152OPG:ag,�a 33 0, An 16 North k�ifilt Avenue, Wilmington, NC 28401 �'L RFwrR1t 0010PES+25nQ0AC lkSrRUMENr t 2001f,G7T42 NOVII I CAROLINA Tax Parcel No. _gQggoo-oo5_g02,-ooi NEW I IANOVER COUNTY SPh,CiAL WARRANTY DFFD THIS DEED, Made this 20th day of December, 2001, by and between Food i,ioti, H.C, a North Carolina limited liability company (herein, whether one or more, callcd "GRANTOR"), and Snow's Cut Crossing, LLC, a South Carolina limitcd liability company, whose; mailing address is 180 Meeting Strect, Suite 330, Charleston,.SC 23401, Attn: Thomas J.J. Ravcncl (herein, whether one or more, called "GRANTF E"). WITNESSF,TH THAT: The GRANTOR, for and in consideration of the sum of Tcn Dollars ($10.00) and other valuable considerations to it in hated paid by the GRANT li1;, the receipt whereof is hereby ackno•vlcdgcd, has bargained and sold, and by these presents does hereby bargain, sell and convey unto GRANTS , its successors and assigns forever, all that certain real property located In New I[anover County, North Carolina, described as follows: ALL TIiAT certain parcel of land, lying and being in that pail of New Hanover County, North Carolina, known as Federal Point Townshil,, and being more particularly described as follows: BEING that parcel of land designated as "Oulparcel 1/Shopping Ccntcr" as shown on that certain subdlvlslolt plat etllltied "Map of Division Shows Cut Markct Place," prepared by Stocks rand Sutvcying, P.C., dated May 21, 2001, and rr:corded in Map Book 41 at Page 218 In the New Hanover County, North Carolina, Public Registry. IT BEING a portion of the same propci-ty conveyed to food Li oil, UX, a North Carolina limited liability company, by dccd from I Richard Corbett, unniarricd, dated Septemhcr 21, 2001, and rccorklcd -Septemlas'r zA , 200:1 in Dccd Hook 3051 It Page 845&848 irI the New Iianovcr COLIr71y, North Carolina, Public Registry. TO 11AVE- AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, eascinuts, teacmelits and appurtenances ilicretinto belonging, or in anywise appeit;91ning unto the GRANTEE, its successors and assigns, in fee simple, forever. And the GRANTOR, for itself, its succcssors and assigns, does covenalit to and with the GRANTF.F., its succcssors and assigns, that GRANTOR has done nothing to 1111lMir such title to the propctty described herein as GRANTOR received, and GRANTOR will %varrnnt and defend title to sa111c against the lawful claims of all persons claiming by, under or thro,q,,h GRANTOR, its successors and assigns, subject, however, to that certain Declaration of Rcc.1pror_al Easements, Covewints and Restrictions executed by Grantor and recorded herewith, and �,I1 casements, covenants, and rc:striciions relating to the subject property. a(;Kxn TICIumce, To F.E 1B C1 2 hlpN 1 00 'x r- r- en & y i nk I P - 0 :E; J'N TESTIMONY WUIFRFOF, the GRANTOR has causcd this doctimcitt io he sigued as of the day and year first above written. FOOD UM, LLCO North Carolina 11mitcd liability company By: Name: Its: STATE' 0 COUNTY OF a Notary Public for said County and State, do licreby certify t' hatk (title) of - FOOD LION, 1.1,C, a North Carolina limited liability company, personally appeared before ine this day midacknowledged the due exCCLiti011 of the forcgoing instrument on behalf of the company. WFI'NESS my hand and official stamp or seal, thisa�clay of December, 2M. Notary Pi blic I p i rcs: '7-113lo3 17EE— 4-01 I'7C)N ] S _ 0C;j W cir r e-r-1 1 S i r`.k I «_-r P _ 04 ovEp `r �&: T 1 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 ..... A . . . . . . . . . A . . . . A....... ••.aA.►....A.AA........&ARA,A.AA............./A.AAAA.Al A1.... A..........4AMl A .............. Filed For Registration: 12127/2001 09:33:01 AM Book: RE 3152 Page: 481-483 Document No.: 2001057792 DEED 3 PGS $10.00 NC REAL ESTATE EXCISE TAX: $1,600.00 Recordor: PATRICIA BARNES •..........................11........... AA IAA IA...A...........A......... A............!lIAAA............... ►............. State of North Carolina, County of New Hanover "I he foregoing certificate of PATRICIA M ALLIGOOD Notary Is certified to be correct. This 27TH of December 2001 R i3EC CHRiSTiA , REGISTER OF DEEDS Deputy/A #t;#,ant Re ister of Deeds jA.11AA....1.A AAAAA.A.fI.......1*61AA........A.A4.A....A...AA.A..AA...........AAl.A...A............................. A... *2001057792* 2001057792 W A TF9Q O G c >_ O 'C Mr. John Berryman Wolfe Group, Inc. 4109 Wake Forest Road, Suite 304 Raleigh, NC 27609 Dear Mr. Berryman: Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Wilmington Regional Office October 11, 2001 Subject: Pleasure Island Center Stormwater Project No. 000851 New Hanover County The Division received a request to transfer the ownership of Pleasure Island Center on October 11, 2001. In order to process this request, please complete your part of the attached Name/Ownership Change Form, forward it to Mr. Ravenel, and have Mr. Ravenel return it to the Division along with the four supplement forms, all completed, initialed, signed and notarized. The supplement forms have been sent directly to Mr. Ravenel along with a copy of this letter. Additionally, I have highlighted the five required items on the back of the ownership change form which must be submitted to complete the transfer. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, r.�tL. Linda Lewis Environmental Engineer RSSlarl: S:1WQSISTORjVIWATILET'TERS100085LOCT cc: Linda Lewis Thomas Ravenel AwA HCDECOR N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 ���� �i2 ����� � P Planning. Design. Construction Monday, October 08, 2001 Linda Lewis NCDENR, Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Permit No. SW8 000851 Pleasure Island Center High Density Stormwater Project New Hanover County Dear Ms. Lewis, _ 4109 Wake Forest Road, Suite 304, Raleigh, NC 27609 919.876.9217 Facsimile 919.790.8839 www.WolfeGroupe.com We are requesting the transfer of this permit numbered SW8 000851 to the following owner: Sno►n's Cut Crossing, LLC CIO Thomas Ravenel Ravenel Development Corporation 180 Meeting Street Suite 330 Charleston, SC 29401 Please feel free to call us with any questions regarding this matter. Sincerely, John L. Berryman, PE President Cc: Thomas Ravenel, Debbie Tillman, Paul Schafer, Ravenel Development Corporation Bill Beauchene, Atrium Builders, Inc. 10-08-01 linda IEwis.doc 1' ti State Stormwater Management Systems Permit No. SW8 000851 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT 1 n accordance with the provisions of Article 21 ofChapter 143, Gencral Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO John L. Berg ym(m, Owner Pleasure Island C'enler New 1-lanoi7er Counly FOR THE construction, operation and maintenance of four infiltration basins in compliance with the provisions of'] 5A NCAC 2I-1 .1000 (hereafter referred to as the "stormwaler rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until June 13, 2011 and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS 1 This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for'the management of stormwater runoff as described on page 3 of this permit, the Project Data Shect. The stormwater control has been designed to handle the runoff from a total of 683,892 square feet of impervious area, in 4 infiltration basins. 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. 5. The built -upon area for the future development is limited to 338,026. Basins 3 and 4 have been provided for the future runoff and must be constructed prior to any development within those drainage areas. 6. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 2 ,i Slate Stormwater Management Systems Permit No. SW8 000851 Project Name: Permit Number: Location: Applicant: Mailing Address: DIVISION OF WATER QUALITY PROJECT DESIGN DATA SHEET Application Date: Name of Receiving Stream/Index 4: Classification of Water Body: If Class SA, chloride sampling results Basin Number: Basin Depth, feet: Bottom 131evation, I"MSL: Drainage Area, acres: Total Impervious Surfaces, ftz: Offsitc Area entering Pond, ft': Required Storage Volume, ft3: Provided Storage Volume, ft': Temporary Storage Elevation, 1'MSL: Controlling Orifice: Soil Type: Seasonal High Watcr Table: L'xpected Infiltration Rate: Tinic to Draw Down, days: Pleasure Island Center SW8 000851 New Hanover County Mr. John L. Berryman 4109 Wake forest Road, Suite 304 Raleigh, NC 27609 June 12 , 2001 Snow's Cut/ 18-87-31.5 "SC" nla 4 2 3 4 3.6 4 3 4 17 17 19 16 4.98 2.52 4.65 3.11 216,929 109,769 202,554 135,472 rerouted road runoff via curbing, per Engineer 17,174 8,690 16,035 10,724 17,229 8,821 27,408 12,310 20.6 21 22 20 bypass it storage elevation pipe Sand 13 PMSL 8" per hour 1 3 0.4 0.6 3 State Stormwater Management Systems Permit No. SWS 000851 11. SCHEDULE OF COMPLIANCE 1. The stormwater management system shall be constructed in it's entirely, vegetated and operational for its intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 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 the filter media, catch basins and piping. g. Access to the basins must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorised personnel of DWQ. The records will indicate the date, activity, name ofperson performing the work and what actions were taken. - A portion of the proposed stormwater management facilities are located within the right-of-way of Bridge Barrier Road. The Letter of Agreement between the Town of Carolina Beach and Coastal Carolina, LLC, dated November 3, 2000, must remain in effect for the life of the development. This agreement allows the permittee the perpetual right of use of a portion of the right-of-way of Bridge Barrier Road for the purpose of locating stormwater management facilities. Prior to any violation, default or nullification of the agreement, a modi f ication to the permit must be submitted which proposes other stormwater management nicasures in accordance with the most recent version of the stormwater rules in effect, to replace those affected by the violation, default or nullification. 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 system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, arld other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 8. 1 fthe stormwater system was used as an Lrosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee fora minimum of ten years from the date of the completion of construction. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. if the proposed BUA for the future area exceeds the amount allowed by this permit, a modification to this permit must be submitted and approved prior to construction. m State Stormwater Management Systems Permit No. SW8 000851 11. A modification must be permitted prior to any construction. The following items will require a modification to the permit. The Director may determine that other revisions to the project should require a modification to the permit: a. Any revision to the approved plans, regardless of sire. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. C. h urther subdivision, acquisition, or sale of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major Permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. g. An increase or decrease of the approved drainage area. h. An increase or decrease of the approved offsite drainage. 12. Prior to the sale of any portion of the property, an access/maintenance casement 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. 13. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 14. The Director may notify the permittee when the permitted site does not meet one or more ofthe 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. 15. The permittee shall notify the Division ofany name, ownership or mailing address changes within 30 days. 111. GENERAL CONDITIONS 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 t11c 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. 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. State Stormwater Management Systems Permit No. SW8 000851 7. Unless specified elsewhere, permanent seeding requirements for the Stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. Permit issued this the 13th day of .tune, 2001. NORTH CAROLINA 11NVIRONMEN`I'AI, MANAGE MI-NT COMMISSION Kerr T. Stevens, Director Division of Water Quality By Authority of the 1H nvironmental Management Commission Permit Number SW8 000851 6 P. 1 FILE MODE -------------- 822 MEMORY TX * * * COMMUNICATION RESULT REPORT ( JUN.12.2001 OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) --------------- 8-9195673611 5 : 17PM i --TTI NCDENR WIRO f RESULT PAGE OK P . 2/2 E-2) BUSY E-4) NO FACSIMILE CONNECTION North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary FAX COVED. SHEET Date: June 12, 2001 To: John Tucker, P.E. Company: FAX #: 919-567-3611 DWQ Stoirmwater Project Number: SW8 000851 Project Name: Pleasure Island Center MESSAGE: Dear Mr. Tucker: NCDENR NORTH GAROUNA DEPARTMENT of ENVIFIONHKNT AND NATURAL RE80URCE5 No. of Pages: 2 rom: LindaaLL ' ' Water ua`iity Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 The calculations for Basin 1 still report and use 3,933 ftz as the bottom surface area, and they also report 1,365 fie as the bottom surface area. The suuplement for Basin 1 says the bottom surface area iq 1.365 ft2, P1Pacr�. Nortli Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor William G. Ross, .lr., Secretary FAX COVER SHEET Date: .funs 12, 2001 To: John Tucker, P.L. Company: FAX #: 919-567-3611 DWQ Stormwater Project Number: SW8 000851 Project Name: Pleasure Island Center MESSAGE: Dear Mr. Tucker: Aj •� )h C D E NIt NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES No. of Pages: 2 From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 The calculations for Basin 1 still report and use 3,933 ft2 as the bottom surface area, and they also report I,365 ft2 as the bottom surface area. The supplement for Basin I says the bottom surface area is 1,365 ft2. I'lease clarify what is the bottom surface area and revise the calculation accordingly. I have the circled the places where you still use the incorrect area. Don't forget to sign and seal the revised calculation page. S:1WQS1S"FORM WATIADDIN1'01000851-3.JUN 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 'relephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50%. recycled/Ifto post -consumer paper Front: John Ticker To: Linda Lewis Date, 15/12/0) Time; 9.43:30 AM Page 3 of G John A. K Tucker. P. E_ Project Consulting Engineer Sheet P.O. Box 297 Fuquay-Varina, North Carolina 27526 Hate Scale Wolfe Groupe - Pleasure Island Infiltration Basin Number i Revised 0210312001 Revised 0512212001 Revised 0610512001 Revised 0611112001 Drainage Area 4.98 AC Runoff Coefficient Rv = .05 + 0.009(1) where I = 100% = .05 + 10.009000) = .95 Design Volume Vw - Design Rainfall x Rv x Drainage Area -1"x .95x4.98AC - 17. 174 CF of Infiltration Rate B inches/ hour T - Time to Fill Basin - 45 minutes (estimated) Basin Bottom Surface Area = 3933 SF ! 3615 Basin Top Surface Area = 7826 SF Basin Depth = 3.6 FT Basin Volume Provided - ( (7B26+1365 12) x 3. 6) + (. 67 FT/HR) x (. 75 HR) * (3933 SF) - 16 543 CF +197b . 33 = 18519 C > 17174 CF OK Draw Down Calculation C)Y— Surface Area 1365 SF (Bottom Area) Draw Down = (17174 CF) / (. 67/FT/HR) if (1365 SF) = 18.77 Hrs < 120 Hrs OK Summary Design Volume - 17174 CF Basin Volume Provided - 18519 CF Draw Down Time - 18.77 HR References: Maryland Stormwater Design Manual Appendix D-13 Stormwater Best Management Practices - April 1999 Elements of Stormwater Design - H.R. Malcom. P.E. North Carolina Sediment Control Planning and Design Manual Volumes and Areas from Terramadel CAD Software ■ Wnarn: John Tucker To: Linda Lewis IV E ■ Dote 6112101 Time: 0:43:30 AM Page 4 of o To: Linda Lewis Company: NCDENR - DWQ Fax Number: 19103502004 Subject : Pages including cover page: 6 MESSAGE N-1s, Lewis: � FAX COVER. From : John Tucker Company : Fax Number : 919-567-3611 Time: 9:43:26 AM Date : 6/12/01 Attached. per your reduest, are the: revised calculations for Basin 1. 2, 3, and 4. Also included is a revised coversheet with seal. 1 hope you will find these revisions satisfactory. If everything is correct, 1 will mail hardcopies to your office. Regards, .John Tuckcr WinFax PRO Cover Page Revised 09/21/200 Erosion and Sedimentation Control Narrative The site is located on the west side on US 421 approximately 700 feet south of Snow's Cut in New Hanover County. Topography is typical of the area, mild to flat slopes. Native soils consist of silty to medium sands (see attached geotechnical report). Initial erosion control will consist of temporary sediment basins and diversion ditches located around the site. Temporary sediment basin No. I will converted to an infiltration basin later after the site is stabilized. The erosion control plan considers not only water bourne sediment, but also wind blown sediment. Sediment transport will be controlled primarily by silt fence and check dams. Inlet protection will be provided for each catch basin. Silt fence will be install along Bridge Barrier Road to prevent sediment transport and delineate the construction site. Check dams will be used in ditch sections to protect culvert entrances. Rip rap dissipaters will be used at the end of all flared end sections. Temporary seeding will accomplished ins accordance with recommendations outlined in the Erosion and Sediment Control Planning and Desia,n Manual. Permanent seeding will be specified by a landscape architect employed by the project owner. Storm Water Management Narrative Storm water will be collected via a pipe network throughout the site. The first inch of runoff will be collected into *wo infiltration basins. Pre-treatment using a 2 foot deep sump is provided by a by. -pass device located just ahead of the basins. The sumps and basins should be cleaned with the sediment level reaches one foot in depth. Once the first inch of storm water is collected, the remaining flow is directed off site. 09/15/00 11:10 FAX 9197908639 WCILFE GROLiPE INC s4ap--12-C10 11 2 32A -rovon oir Cn>^ol ina B,2,ur- 7 Pw 3Io+468+2s28 TOWN OF CAROLINA BEACH PUBLIC WORKS DEPARTMP-NT A121 N, LA" PAAK 0LYo. CAROUMA BEACH. N. C. 24426 (91 p) 458-8 Z9 t Fax, (910) 458.2997 Seprternber 12, 2000 Ms. Linda Levin Water Quality Divi.�iin NCLIENR 127 Card.kW Drive P'xt Wilrnangtnc� NC 28 405-2845 Dear Ms_ Lewis: As per our tclephone discussion on Friday, September 8, 2(W, I am providing you harcvvM a stataverit on behalf arthe Town of Carolina Beach, reeardiag assuuart= that the lawn bas authorhwd the use or the Olean pertion of Budge Barrier Road (pubbc) right -of ww.y for uxe by Coastal Carvlinm LLC 5or stl>Irrr], wafer rvtcntioa basin and drainage rel"-e to development of a shoppirig cm)tcr adjacenl tt=cto. The public -load righ-of way fbr Bridgc Battier Road is an c=cssive 100 £mot or which only 30 feet is or vvill be acttwIly utilized for roadway. Likewise aH utilities have been bl--d lcd within the uma. We do not ercvtsion any fatary need for the road right-of- way relinqukhed fcrr the bssirlfdrahmSe p7vject. IF you hwic questions regarding the auftrization and re riquistnncnt, ploase contact me sincerely, i Oakes Dirccior of Public Works HEO/r..ml CC: Calvin Fleck, Town Manager jl�John Bcrryn rw% Development Ropt s=ativc 09/12/00 10:45 TX/RX NO.8700 P-001. lI 001 F_C11 'A 01 From: John Tucker To: NC-DWQ Wilmington Reg. Office Date: 1/2012000 Time: 11:06:10 AM Page 2 of 3 State of North Carolina Department of Environment and Natural Resources Division of Water Quality WATER QUALITY CLASSIFICATION REQUEST FORM This form may be photocopied for use as an original. PROJECT INFORMATION In order to determine whether a State Stormwater Management Permit will be required for a project in a non -coastal county, the classification of the closest downslope surface waters (the surface waters that any sheet flow or overflow from the project would flow toward) must tie determined. Please complete Sections I and II below. DQW Staff will determine the receiving stream classification, complete Section 111, and return the completed form to you. ,Project Name: Pleasure Island Shopping Center _County: New Hanover 2.. Contact Person: John A.K. Tucker, P.E. 3. Mailing Address: P.O, Box 297 4. City Fuguay-Varina State NC Zip 27526 Phone No. 919 567 0483 5. Name of closest downslope surface�waters: Snow's Cut (Intracoastal Waterway) 6. Signature of contact person: John Tucker Date: Jan 19, 2000_ 7. Is a Sedimentation Erosion Control Plan or a CAMA Major Permit required? EYES ONO II. REQUIRED ITEMS An 8`A" x 11" copy of the appropriate portion of a USGS quad sheet showing the project's property boundaries, receiving stream, major roads or State Roads numbers, and nearest town or city must be attached. III. CLASSIFICATION REQUEST (To be completed by Regional Office personnel) 1. Name of surface waters: S►' C" W 5 CUT- 2. River Basin: CA PC rC'142 Index No. F7— Sl. 3. Classification (as established by the Environmental Management Commission); 57C 4. Proposed Classification, if applicable: _ 5. State Stonnwater Management Permit required? CCIYES ONO 6. Signature of Regional Office personnel: 4z;�Z� Date cc: Linda Lewis Engineer Building Inspector Central Files Form SWU-II I Version 4.99 � !�J :`r'. '., ,:sG:i ' ! :.Y �� • 1. - :,,y-- �'j- -! _' l4 .� ¢3„' :�- .t _y .•�hq ��' ..J �. '�Y.+I ;C.. .S _ ._1- - 1 ., � M. N '% K ,: .:� ti-- .r,�rrlr=p' ^"• •,r-::� . ', �.:..L ..- .:... ., -�_�'%:..: �.L*�'- ,,:'.. I.."`.,' 1..:­.,.. :..L�...�­.: .; .-.,, - . . .. .;. 0I_,:,.­ .Y.. ' L.I. .-. 1..-,' -: .'..�:�-I,.- , . ­:�.L.. !..:.. - ,.. :L. .�L ..:.' A �1. k ..1�.. '� ,.:"--,��-.r:. f�:.,,�1.i.. 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JYy+ 4 M S',i DATE: SUBJECT A,( 6)fAW 5m 1522 �ilmire�fon, ✓ r ► A %e &.. 28402 96l WO-+52-0001 August 28, 2000 Y" x..M 0 wd.—Y , A w u4v.? Land & soils evaluation for the Pleasure Island Center for on -site storm water treatment usage. Tract located on Pleasure Island, New Hanover County, North Carolina_ TO: Mr. John A.K. Tucker, P.E. Consulting Engineer P.O. Box 297 Fuquay-Varina, North Carolina 27526 The land and soils within the proposed on -site storm water treatment basins (map drawn by Wolf Group, Inc, Architecture and Engineering, Pleasure Island Center, Water and Sewer Plan, G3, 8-1 B- 00) were evaluated on a preliminary basis to determine potential suitability for on -site storm water treatment usage. NCDEH&NR" Storm water Runoff Disposal" rules and regulations (NCAC 15-2H- .1000) were used as guidelines in making this evaluation. Projects that are greater than 1 acre in size, with greater than 25% impervious surface, and is less than '/ mile from and drains into Class SA waters is required to use infiltration basinstgalleries or an equivalent method for storm water treatment. Principle soil and site requirements for an infiltration system are: —the infiltration system's bottom must be 2 feet or greater from the seasonal high water table; —must be capable of complete draw -down within 5 days; ---the soil's hydrauiio conductivity must be 0.52 in/hr or greater. Numerous borings to 10 feet (120 inches) were performed in the proposed storm water treatment area. The soil type in these areas are Kureb sand with a seasonal high water table of greater than 96 inches from the existing soil surface based on soil indicators. The soil texture consisted of medium sand from the surface horizons to 120 inches. The estimated permeability is 5-10 in/hr. Based on these findings, the proposed storm water treatment areas as identified on the above referenced map, meet and exceed all NCDEH&NR-DI=M parameters for an on -site storm water treatment system. Soil logs can be provided upon request. If you have any further questions regarding this projector future projects, please do not hesitate to call. Thank you for the opportunity to work with you on this project. �QpNOVAS ff � Licensed Soil Scientist, NC#1088 � f�7' � y i ��t�� 1088 I� ■■From John Tucker To Linda Lewis i f>i(�■ To: Linda Lewis Company : NCDENR - DWQ Fax Number: 19103502004 I:)ubject : Pages including cover page: 5 Data: f5l5101 Time: 0:25:34 AM FAX COVER From : John Tucker Company : Fax Number: 919-567-3611 Time: 9:25:32 AM Page 1 of 5 Date : 616101 MESSAGE Attached are reLlsed calculallons for the basins at the Pleasure Island Prntecl. hank- you for your fax clanfi'ing the manner is which slorni control volumes are calculated. I suspect that the: supplements %vill again.rQquu-e revisions. xtr. Berryman is on his wad- to Wilmington no%v and you will probably get a phone call from him. I-Ie will revise and initial any changes to Ilie supplements. Please call me if you have my questions. Thanks John Tucker RECEIVED 1UN 0 6 1001 Dµ'B PROD s —�_— dVinFax PRO Cover Page P. 1 - * * * COMMUNICATION RESULT REPORT ( .TUN FILE MODE - 680 MEMORYTX OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E--3) NO ANSWER ADDRESS (GROUP) ---------------- 8-9195673611 7.2001 10;16AM ) * TTI RESULT -------------------- OK * * NCDENR WIRO PAGE --------P--1-1 E-2) BUSY E-4) NO FACSIMILE CONNECTION North Carolina Department of Environment and Natural Resources Division of Water Qualify A-%ivefA�,� Wilmington Regional Office Michael F. Basle y, Governor NCDENR William G. Ross, Jr., Secretary MaRrh CAR"INA DEPARTMENT of ENVIRONMENT AND NATURAL F2r-84URCES FAX COVER SHEET Date: June 6, 2001 To: John Tucker, P.F. Company: FAX #: 919-567-3611 DWQ Storinwater Project Number: SWS 000851 Project Nome: Pleasure Island Center MESSAGE: Dear John: No, of Pages: 1 From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 As I was reviewing the revised calculations received on 7uric 6, 2001, i noticed that Basin 1 was still using the average area for the volume infiltrated during the storm. Now that you have reduced the required volume by using Schc:ul&s method in the BMP document, there is sufficient volume orovided. but vour calculations for J North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary FAX COVET: SHEET Date: June 6, 2001 To: John Tucker, P.E. Company: FAX th 919-567-3611 DWQ Stormwater Project Number: SW8 000851 Project Name: Pleasure Island Center MESSAGE,: Dear John-. I L11AA T • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AN[] NATURAL RE50URCKS No. of Pages: 1 From: Linda Lewts Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 As I was reviewing the revised calculations received on June 6, 2001, I noticed that Basin 1 was still using; the average area for the volume infiltrated during; the storm. Now that you have reduced the required volume by using; Schculer's method in the 13M1' document, there is sufficient volume provided, but your calculations for Basin 1 need to show it. Please fax a reviscd Basin 1 calculation sheet. Please also fax me a new sealed cover sheet for the revised calculations. 1 f 1 get everything; and it is correct, I can issue the permit for signature today. Thanks S:\WQS\ST0RM WA'IAA DDI N 1, 01000851-2.JUN 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action F,ntployer 50% recycled110% post -consumer paper * * * COMMUNICATION RESULT REPORT ( MAY.31.2001 11:14AM ) * * * P. 1 TTI NCDENR WIRO FILE MODE -------------- 472 MEMORY TX OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) 140 ANSWER ADDRESS (GROUP) RESULT E-2) BUSY E-4) NO FACSIMILE CONNECTION North Carolina Department of Environment and Natural Resources Division of 'Water Quality Wilmington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary FAX COVER SKEET Date: May 31, 2001 To: John Tucker, P.E- Company: FAX #: 919-567-3611 DWQ Stormwater Project Dumber: SW8 000851 Project Name: Pleasure Island Center MESSAGE: Dean John: PAGE P. 1/1 0 Ar NCDENR 11}Q" CAR41.INA DEPARTMENT Of EN"FiONMENT ANp NATURAL REs411Rces No. of Pages: 1 , From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 I have reviewed the calculations. Per my last fax, dated May 18, 2001, 1 had indicated that to be conservative, we use the bottom area only to figure the amount ofrwioffthat infiltrates during the storm. While some will infiltrate through the sides, the conservative metliod is to use the bottom area only. Please revise your calculations to use the hnfl-nm nran nnl.r In If:..,,. +1— .,.+......-a .1 -1- • A i No"Pth Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary FAX COVER SHEET Datc: May 3.1, 2001 To: John Tucker, P.E. Company: FAX #: 919-567-3611 DWQ Stormwater Project Number: SW8 000851 Project Name: Pleasure Island Center M ESSAG L. Dear .lohn: 1•• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES No. of Pages: 1 From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 have reviewed the calculations. Per my last fax, dated May 18, 2001, 1 had indicated that to be conservative, we use the bottom area only to figure the amount of runoff that infiltrates during the storm. While some will infiltrate through the sides, the conservative method is to use the bottom area only. Please revise your calculations to use the bottom area only to figure the amount infiltrated during the storm. vpoli rece+�r� o-F Ae rewsed c2ks; P(Q2se Psx +helms �o m AS,4P. S:\WQS\S'I'OJZMWA'I'\ADI)INFO\000851-2.MAY 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 'Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper INFILTRATION BASIN ANALYSIS PROJECT NUMBER: 000851-1 PROJECT NAME: Pleasure Island Center DRAINAGE BASIN: Cape Fear RECEIVING STREAM: Snows Cut Index No.: 18-87-31.5 SITE AREA 15.7 acres IMPERVIOUS AREA CALCULATION BUILDINGS PARKING/ASPHALT CONCRETE CONTINGENCY % IMPERVIOUS, 1= M 1AOQ%o` ELEVATION OF SEASONAL HIGH WATER TABLE REPORTED INFILTRATION RATE SURFACE AREAS AND ELEVATIONS Elev. (ft) Area BOTTOM 17 STORAGE 20.6 FILENAME: S:IWQSIINBASIN1000851-1.WK1 DATE: 07-Jun-2001 REVIEWER: Lewis CLASS: SC If ORW, is site within the 575' AEC? DRAINAGE AREA: [ 216929]SF _.._:... 4.98 acres 1365 SQUARE FEET SQUARE FEET SQUARE FEET 7826 SQUARE FEET VOLUME 1 DEPTH 1 DRAWDOWN CALCULATION DESIGN STORM, INCHES DESIGN VOLUME Infiltrated during storm Available in basin TOTAL VOLUME AVAILABLE DEPTH OF RUNOFF TIME TO DRAWDOWN 77�0. JCF/HR/SF COMMENTS Volume and drawdown are (not) within Design Requirements. 260 x 5 294.25 x 26.8 INFILTRATION BASIN ANALYSIS PROJECT NUMBER: 000851-2 PROJECT NAME: Pleasure Island Center DRAINAGE BASIN: Cape Fear RECEIVING STREAM: Snows Cut Index No.: 18-87-31.5 SITE AREA 15.7 acres IMPERVIOUS AREA CALCULATION BUILDINGS PARKING/ASPHALT CONCRETE OTHER Contingency % IMPERVIOUS, I= SMH9Kl ELEVATION OF SEASONAL HIGH WATER TABLE REPORTED INFILTRATION RATE SURFACE AREAS AND ELEVATIONS Elev. (ft) Area BOTTOM 17 STORAGE 21 FILENAME: S:1WQS11NBASIN1000851-2.WK1 DATE: 07-Jun-2001 REVIEWER: Lewis CLASS: SC If ORW, is site within the 576 AEC? DRAINAGE AREA: 12j_09771'�SF 2.52 acres 209 SQUARE FEET SQUARE FEET SQUARE FEET 4179 SQUARE FEET VOLUME / DEPTH / DRAWDOWN CALCULATION DESIGN STORM, INCHES DESIGN VOLUME Infiltrated during storm Available in basin TOTAL VOLUME AVAILABLE DEPTH OF RUNOFF TIME TO DRAWDOWN COMMENTS Volume and drawdown are (not) within Design Requirements. 1.5 x 140 163.9 x 25.5 MUST BE <5 INFILTRATION BASIN ANALYSIS PROJECT NUMBER: 000851-3 PROJECT NAME: Pleasure Island Center DRAINAGE BASIN: Cape Fear RECEIVING STREAM: Snows Cut Index No.: 18-87-31.5 SITE AREA 15.7 acres IMPERVIOUS AREA CALCULATION BUILDINGS PARKING/ASPHALT CONCRETE OTHER Future % IMPERVIOUS, I= Mv 10p l ELEVATION OF SEASONAL HIGH WATER TABLE REPORTED INFILTRATION RATE SURFACE AREAS AND ELEVATIONS Elev. (ft) Area BOTTOM 19 STORAGE 22 FILENAME: S:IWQSIINBASIN1000851-3.WK1 DATE: 07-Jun-2001 REVIEWER: Lewis CLASS: Sc If ORW, is site within the 575' AEC? DRAINAGE AREA: :202554;:SF ...........:.....:. 4.65 acres 4470 SQUARE FEET SQUARE FEET SQUARE FEET 12305 SQUARE FEET VOLUME 1 DEPTH 1 DRAWDOWN CALCULATION DESIGN STORM, INCHES DESIGN VOLUME Infiltrated during storm Basin Volume TOTAL VOLUME AVAILABLE DEPTH OF RUNOFF TIME TO DRAWDOWN COMMENTS Volume and drawdown are (not) within Design Requirements. 11 x 407 MUST BE <5 INFILTRATION BASIN ANALYSIS PROJECT NUMBER: 000851-4 PROJECT NAME: Pleasure Island Center DRAINAGE BASIN: Cape Fear RECEIVING STREAM: Snows Cut Index No.: 18-87-31.5 SITE AREA 15.7 acres IMPERVIOUS AREA CALCULATION BUILDINGS PARKING/ASPHALT CONCRETE OTHER Future Development % IMPERVIOUS, 1=00 ELEVATION OF SEASONAL HIGH WATER TABLE REPORTED INFILTRATION RATE SURFACE AREAS AND ELEVATIONS Elev. (ft) Area BOTTOM 16 STORAGE 20 FILENAME: S:IWQSIINBASIN1000851-4.WK1 DATE: 07-Jun-2001 REVIEWER: Lewis CLASS: Sc If ORW, is site within the 575' AEC? DRAINAGE AREA-. l 135472`SF 3.11 f 1-:MFEET MSL �0 67; CFIHRISF 1367 SQUARE FEET SQUARE FEET SQUARE FEET 4445 SQUARE FEET VOLUME / DEPTH / DRAWDOWN CALCULATION DESIGN STORM, INCHES DESIGN VOLUME Infiltrated during storm Basin Volume TOTAL VOLUME AVAILABLE DEPTH OF RUNOFF TIME TO DRAWDOWN COMMENTS Volume and drawdown are (not) within Design Requirements. MUST BE <5 P. 1 COMMUNICATION RESULT REPORT ( MAY.18.2001 12:28PM ) * * * ._ TTT 'Nr-T)ENR WI P'T1 F MODE OPTION ADDRESS (GROUP) ---------- 123— MEMORY TX 8-9195673611 REASON FOR ERROR E-1) HANG LIP OR LINE FAIL E-3) NO ANSWER RESULT PAGE E-2) BUSY E-4) NO FACSIMILE CONNECTION North Carolina Department of Environment and Natural Resources 1�• Division of Water Quality F Wilmington Regional Office +� Michael F. Easley, Governor NCDENP* William G. Ross, Jr., Secretary NoRTm CAROLINA DER4RTMZMT OF to ENIARONmew Iwo NMURat. RmOuReeS FAX COVER SHE.E Date: May 18, 2001 La, of Pages: 1 To: John Tucker, P.E. om; Linda Lewis Company: ater Quality Section -St mwater FAX #l: 919-567-3611 X # 910-350,2 04 t)ne-9-910=3 5-3900 DWQ Stormwater Project Number: SWS 000851 Project :Name: Pleasure Island Center MESSAGE,: FYI Please note that as of May 11, 2001, the Division has rescinded all previous stormwater guidance directives. These directives were replaced by the 1995 version of the rules. Chlorides testingfor projects draining to SA waters will no longer be allowed. Projects received after Mrly 11, 2001, that are within 112 mile of and draining to class SA waters or unnarned tributaries of SA waters, must either meet 25% low density, orprovide an infiltration system or an alternative non -discharging system treating 1. 5" ofrunof. . C�r-+ North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor William G. Ross, .lr., Secretary FAX COVER SHEET Date: May 18, 2001 To: John 'fucker, P.E. Company: FAX 4: 919-567-361 1 DWQ Storrnwater• Project Number: SW8 000851 Project Name: Pleasure Island Center M ESSAG h.: 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES No. of ['ages: 1 From: Linda Lewis Water Quality Section - Stor•mwater FAX # 910-350-2004 Phone # 910-395-3900 * * FYI- Please note that as oj May 11, 2001, the Division has rescinded all previous storn?bvaler guidance directives. 1 hesc directives were replaced by the 1995 version of the rules. Chlorides teslingfor projects draining to Sff waters will no longer be allowed Projects received q/ter May 11, 2001, that are within 112 mile of and droin.h ,g to classSA waters or unnamed tributaries of,SA waters, must either meet 25% low density, or provide an In lltrallon s))slern oi- an alternative non-dischargdng.System trealing 1.5"ofrunoff. ['lease provide revised calculations for the revised total volumes as reported on the supplements. Mr. Berryman came in and made changes to the supplements, but dicl not submit revised calculations. The calculations report only the volumc di fference after the amount that is infiltrated is subtracted. The calculations must report the total volume {what is infiltrated during the storm plus what can be stored in the basin) to support the numbers reported out the supplcmcnt. ]n order to be conservative, this Office recommencls using; the bottom area only to figure the amount infiltrated during the storm event. This results in less total volumc provided than is reported, but appears to be suffrc CIlt to meet the minimum. Please revise the calculations, ° Storage volume is not available in the salul layer; therefore the bottom elevation of the basins should be reported as the top of the a" sand layer. Please revise the Supplements accordingly. S:IWQSIS"FORM WA'['IADDIN1'�'01000851.MAY cc: John Berryman, The Wolfe Group, FAX 919-790-8839 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 PAX 910-350-2004 An P:qual Opportuoily Affirmative Action VA11ployer 511'%1 IWYCled110% pnst-consumer' paper d4alr CCUR d►,A7E„ t©,EeRaw iroLF c3oupe Inc. Christopher 0. Patrick, AIA 4109 Wake Forest Road, Suite 304, Raleigh, NC 27609 John L. Berryman, PE 919.876.9217 Facsimile 919.790.8839 LIS=R O u tnlr;- NSHMAL ,1,0: NCDENP, Division of Water Quality 127 Cardinal Lane Wilmin1gon, NC DATE: 5/29/01 PRO1. # 0025 A'1TEN: Linda Lewis RE: now s Cut Market Place Carolina Reach, NC WE ARE SENDING YOU XX Attached Under Separate Cover VIA FED -EX the following items: Shop Drawings XX Prints Plans Samples SINx,-ilications Copy of Letter Change Order XX other COPIES DATE NO. DESCRIPTION 3 revised Sheet C-6 revised supplements and calculations THESE ARE TRANSMITTED as checked below: For Approval Approved as submitted Resubmit copies for approval XX For your use Approved as noted Submit copies for distribution As requested Returned for corrections Return corrected prints For review and comment For Bids Due Prints returned aller loan to us REMARKS RECEIVEID Please call if you have any questions, Copy to SIGNED: John Berryman John A. K. Tucker, P.E. Consulting Engineer Memorandum To: Ms. Linda Lewis From: John Tucker Date: May 24, 2001 Subject: Storm water Project Number SW8 000851 Pleasure Island Center New Hanover County Response to Comments: 1. The calculations were modified to coordinate with the supplements. Revised calculation sheets are attached to replace previously submitted sheets. 2. Revised first sheets of the supplements are attached to replace those previously submitted. 3. Draw down times have been revised using the area of the bottom of the basin only. 4. A revised detail sheet is attached reflecting the bottom elevation of the basin being above the 4" sand layer. I hope you find these revisions satisfactory. Please call if you have any questions. P.O. Box 297 Voice (919) 567-0483 Fuyuaj -Farina Fax (919) 567-3611 RECEIVED PROJ # MAY 3 0 2001 DWQ North Carolina 27526 johnak ijohnluckerpe.tour Planning. Design . Construction Administration 4109 Wake Forest Road, Suite 304, Raleigh, NC 27609 919.876.9217 Facsimile 919.790.8839 www.WolfeGroupe.com Date: 5/29/2001 To: Linda Lewis, NCDENR, Division of Water Quality, 910-350-2004 From: John Berryman Subject: Snows Cut Market Place (Formerly Pleasure Island Center) SW8 000851 Response to Comments Carolina Beach, NC Attached is our civil engineer's response to your comments. Please advise if there is anything else that we need to do. Thanks Enclosure: 3 copies of revised Sheet C-6 1 revised supplements and calculations RE��IVFD PROJ MAY", . �i it j RECEIVPDV MAY 3 0 2001 DWQ PROJ # \\Print serv\SERVER DATA1200010025-SnamCut.pjlCorrespondenceVe s responce 052801.DOC . � � i 'f� �. �. P. 1 COMMUNICATION RESULT REPORT ( MAY.23.2001 10:19AM ) TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE ----------------------------------__-----------------------------_-------------------------------- 261 MEMORY TX 6-9197908339 OK P. 5/5 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER G E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F, Easley, Governor William G. Ross jr., Secretary FAX COVER SHEET Date: 5 -IA;2-1a I �� To: - CO: FAX #'-01`) �! ` REMARKS: No. Of pages: From: ?�s�� &S ._ CO. �1C- rJr f FAX##: 910-350-2004 121 Cardinal Drive Extension, Wilmington, N.C. 2840"45 Telephone (910) 395-3900 [pax (910) 350-2004 An rquM opportunity AllirmatNe Action Employer State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Michael F. Easley, Governor William G. Ross jr., Secretary FAX COVER SHEET Date: p / To:. -T CO: FAX #: °l 170-Y 37 REMARKS: No. Of Pages: From: _ S-c'2A V� CO: C- FAX#: 910-350-2004 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer John A. K. Tucker, P.E. Consulting Engineer Memorandum To: From: Date: Ms. Linda Lewis John Tucker May 7, 2001 RECEIVED MAY 0 9 2001 nwQ BSr PROD # 5W FOOD Subject: Storm water Project Number SW8 000851 Pleasure Island Center New Hanover County Response to Comments: The acreages breakdowns on the application have been corrected, revised and initialed. 2. The acreage for Basin 4 was a typographical error. I appreciated your correction. 3. Design Volumes and Basin Volumes Provided were revised as instructed and initialed. 4. The dimensions provided for Basin 1 and Basin were nominal. Since the basins are located in a curve, the outside dimension is slightly longer than the inside dimension. To avoid further confusion, both the outside and inside dimensions are labeled on each basin. The average of the outside and inside dimensions multiplied by the width to obtain the area. Areas used in the calculations were obtained by use of coordinate geomtry, which is more accurate and the preferred method. I hope you will find these revisions satisfactory. Please call or correspond by email if you have any questions. P.O. Box 297 Fuquay-Marina North Carolina 27526 Voice (919) 567-0483 Fax (919) 567-3611 johnakoa johnluckerpe.com MAY 9 001 d�Qsi�c d►1�7 cl1►GillwcE� BY � � WOLFF C3OURC, inc. Christopher D. Patrick, AIA 4109 Wake Forest Road, Suite 904, Raleigh, NC 27609 John L. Berryman, PE 919.876.8217 Facsimile 919.790.8839 LETTER OF 7QQNSHMAL l O; NCDENR, Division of Water Quality 127 Cardinal Drive Wilmington, NC DATE.. 5/8/01 PROJ. # 0025 ATTEN: Linda Levas RE: aro Ina Beach WE ARE SENDING YOU XX Attached Under Separate Cover VIA delivery the following items: Shop Drawings XX Prints Plans Samples Specificudlions Copy of Linter Clkuige Order COPIES DATE NO. DESCRIPTION 3 8/18/2000 3 sets of sheets - C-1 DWQ 2-5, C-6 S 6 t 4 D� C C, e,,x THESE ARE TRANSMITTED as chcckcd below: For Approval Approved as submitted Resubmit copies for approval XXX For your use Approved as noted Submit copies for distribution As requested Returned for corrections Return corrected prints For review and comment For Bids Due Prints returned after loan to us REMARKS If you have any questions, please call me at 919-876-9217x 12 Copy to SIGNED: John Berryman .I . li - 1 1 ,, dalo�s neG ram_ 4 A 6 M4V�� Planning. Design ..Construction Administration 4109 Wake Forest Road, Suite 304, Raleigh, NC 27609 919.876.9217 Facsimile 919.780.8839 RECEIVED www.WolfeGroupe.com February 14, 2001 FEB 2 Q 2001 Linda Lewis BY: NCDENR, Division of Water Quality, Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Request for Additional time to Respond to your request for additional Information Dated 12/12/00 Storm Water Project No. SW8 000851 Dear Linda: We request an extension of the response deadline to allow additional time to property address the DWQ issues for the entire site to avoid additional submittals which will unnecessarily tie up both your office and our civil designers. We expect to have this work completed and in your hands by 2/28/01. 1 also want to address the issue of ownership of the 15.7-acre parcel as we discussed on the telephone back in January so that it does not get too cold and forgotten during this interim period. As I mentioned to you the current owners of the property plan to contribute the property to the Coastal Carolina, LLC shortly before we start construction in late April or early May 2001. At that time the LLC will be established, funded and will have the property conveyed to it making it necessary for the permit to be issued to the interest of the LLC, Due to this situation we agreed that it would be prudent to go forward with your approvals. However the permit is to not be issued until the LLC has the property Under control and submits appropriate documentation to you. At that time you would then issue the permit. Your review and comments will be greatly appreciated in processing the plans through your department with the only outstanding issue to be that of showing ownership of the property. We appreciate your consideration and will have our completed and revised submittal to you on 2/28/01 if that is acceptable to you. Please advise. Sincerely, z7x--2(�� John Berryman, PE President cc: File John Tucker,.l?E NCDNRDWQ Request for additional time 021401.130C . � � _ ..... „ r . tijr �. ..� 4)rm Water Project No. SW8 000851 Subject: Sturm Water Project No. SW8 000851 Date: Wed, 14 I7eb 2001 13:04:15 -0500 From: "John Berryman" <Johiffl@ WolfeGroupe.com> To: <linda.lewis a ncmail.net> CC: <.lohnAK a johntuckerpe.com> RE: Request for Additional time to Respond to your request for additional Information Dated 12/12/00 Storm Water Project No. SW8 000851 Dear. Linda: We request an extension of the response deadline to allow additional time to properly address the DWG? issues for the entire site to avoid additional submittals which will unnecessarily tie up both your office and our civil. designers. We expect to have this work completed and in your hands by 2/28/01. I also want to address the issue of ownership of the 15.7-acre parcel as we discussed on the telephone back in January so that it does not get too cold and forgotten during this interim period. As I mentioned to you the current owners of the property plan to contribute the property to the Coastal. Carolina, LLC shortly before we start construction in late April or. early May 2002. At that time the LLC will be established, funded and will have the property conveyed to it making it necessary for the permit to be issued to the interest of the LLC. Due to this situation we agreed that it would be prudent to go forward with your approvals. However the permit .is to not be issued until the LLC has the property under control and submits appropriate documentation to you. At that time you would then issue the permit. Your review and comments will be greatly appreciated in processing the plans through your department with the only outstanding issue to be that of showing ownership of the property. We appreciate your consideration and will have our completed and revised subm.itt:al to you on 2/28/01if that is acceptable to you. Please advise. r Sincerely, John Berryman, PE President Cc: File John Tucker, PE John Berryman Wolfe Groupe, Inc. 11.09 Wake forest Road, Suite 304 Raleigh, NC 27609 919.876.921.7 Fax 919.790.8839 I of 1 02/14/2001 1:21 PM U4/30i01 09:54 FAX 9197908839 WOLFE GROUP£ INC Z001 Planning . Design . Construcl''ion Administration a1o9 wake Forest Road, Suite 304, Raleigh, NC Z7609 919276.9217 Facsimile si9.790.8839 W W W.WoffeGrcupe.00M April 30, 2001 Ms. Linda Lewis NCDENR, Division of Water Quality 127 Cardinal. Drive Wdrningtcm, NC 28405 VIA FACSPvME Re: SW8 000851— Plea_nxre Island Center, New Hanover County Dear Ms. Levis: The LLC that is to own the development is not currently in place. We expect to form the LLC at the same time we start cotstructitm of the project in mid May. At the Ii= the LLC is formed the 15.7 acres will be t wisformed into tht. LLC and the managing partner (equivalent to President) of the LLC will be cstn lisped. Based on our past disr..ussion regarding the situation, we had anticipated completing the DWQ permit application process save the required LLC officers' sigwtures. At the time our LLC IS in plane. we will have the appropriate signatures placed on the application so chat you will then be able to issue the Pernik- 1 trust that the foregoing; is still acceptable to you_ Please advise if you need additimal information. Your assistance in this -ratter is appreciated. Sincerely, Wolfe Groupe, Inc_ John L_ Berryman President Cc: Rick Rowe, LLC Member Claude Arnold, LLC Member Dr. Richard Corbett 7t'! l �+te l� W 5 pr If f P. 1 FILE MODE - - ----- 399 MEMORY TX * COMMUNICATION RESULT REPORT ( APR.26.2001 11:41PM ) OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) --------------- e-91979O8e39 TTI NCDENP WIRO RESULT PAGE ----- OK--------- P -2/2 E-2) BUSY E-4) NO FACSIMILE CONNECTION North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary FAX COVER SHEET Date: April 26, 2001 To: John Berryman, P.E., President Company: Wolfe Group, Inc. FAX #: 919-790-8839 DWQ Stormwvater Project Number: SW8 000851 Project Name: Pleasure Island Center MESSAGE: Dear Mr. Beryman; . A74 NCDENR NORTM CAROLINA DEPARTMENT OF ENVIRQNMENT AND NATURAL RESOURCES No. of Pages: 2 From: Linda Lewis Water Quality Section - Stormivater FAX ## 910-350-2004 Phone # 910-395-3900 Please clarify who is the owner of this project. You have signed the application as a. "Member", but the plans indicate that Coastal Carolina, LLC is the owner/developer, What are you a "Member" of7 A person of at least the level of Vice President in a corporation, a general partner in a partnership, or the sole proprietor must sign the annllcatinrl. nr miici nrnt.;riA o ----A _—1 • - `1`;rrrrii Carolina Dep�irtment of Environmcnt and Natural Resources Division (if, Water Quality Wilmington Regional Office Michael F. Easley, Governor NVilliam G. Ross, Jr.,.Secretary FAX COVER SHEET Date: April 26, 2001 To: .1ohn Berryman, P.E., President Company: Wolfe Group, Inc. FAX #: 919-790-8839 DWQ Stormwater Proiect Number: SWR 0008-51 Project Name: Pleasure island Center MESSAGE: Dear Mr. Berryman: No. of Pages: 2 �2� From: Linda Lewis , ' Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-39,5-3900 Please clarify who is the owner of this project. You have signed the application as a "Member", but the plans indicate that Coastal Carolina; LLC is the owner/developer. What are you a "Member" of? A person of at least the level of Vice President in a corporation, a benerai partner in a partnership. or the sole proprietor must sign the application, or must provide a signed signature authorization. authorizing you to sign on their behalf. Coastal Carolina, LI.,C is not registered with the Secretary of State. I vaguely remember discussing this with you several months ago. Please expiain what is going oil in writing. 1 cannot write a permit to a corporation that is not registered in North Carolina. Please provide a copy of the incorporation papers. If you want to assume 100`io impervious coverage for Basins 1 and 2, please correctly fill in the bottom part of Section 111, part 6 of the application. The impervious amount from the bottom chart must be brought up to the top chart. Currently, the percent impervious for Basins I and 2 is shown as 100%. but the breakdown portion indicates only enough built -upon arch to equate to 30'% for Basin 2, while the built -upon area for Basin 1 exceeds the drainage arca by over 64,000 square feet. This cannot be. If the drainage area for Basin 1 is 4.98 and is 100% impervious, the maximum BUA is 216,929 square feet. not 281,204 as shown. Please either- revise the drainage area or correct the breakdown section. If the assumed 100°/, coveraue is being done for calculation purposes only and will not actually hu provided on site, please show the correct amount ofbuildings, parking, sidewalks, streets; etc.; gild list any leftover amount in the "Other on -site" box; and label it as a contingency amount. The breakdowns for basins 3 and 4 are fine and do not need to be revised. '[,his page of the application will be returned to the engineer for revisiol]. Please initial page 4 of 4. This page will be returned to you via USPS. Please initial and return the original. A copy cannot be accepted. "I'he supplement for B2isin 4 indicates that it has a drainage area of 2.52 acres, when in fact it is 3.11. 1 have made this minor revision to correct it to read 3.11 acres. Please confirm. 127 Cardinal Dr. F.xt., WilMingrun. North Carolina 28405 Telephone 910-39i-3900 FAX 910-350-2004 Art Equai Opportunity Affirnrttive Action E;mplayer pacle 1 of ? 50'%, rec.yc1e(1/10`%. Past-cnnsurner paper The supplements for each basin should list the minimum I" volume to be stored as the "Design Volume", prior to subtracting the infiltrated volume during the storm event. The supplement should also include the infiltrated volume as part of the "Basin Volume Provided". That is, for Basin 1, the Design Volume would be 18.070 cubic feet, and the provided volume would be 20.476 cubic feet (16.54' m;,933), subject to changes below.. For Basin 1. the dimensions shown on the plans for the storage elevation at 20.6 are 295 x 26. which is 7,670, but the calculations use 7,826. For Basin 2, the dimensions shown on the plans at the storage elevation of 21 are 164 x 26, which is 4,264, but the calculations use 4,149. Please revise the calculations and supplements for Basins 1 and 2 only, using the correct areas. The areas used in Basins 3 and 4 are close enough and need not be revised. Supplements will be returned to your engineer via USPS. Please make the changes and return the originals. Copies cannot be accepted. Please add the radii used for the arcs in Basin 4 to the insets on sheet DWQ-4. The bypass structures are labeled for Basins 1 & 2, and for Basins 2 & 3. Should the latter be revised to read Basins . 3 & 4? S:IWQSIS7'ORMWATIADDINFO100085 ] .APR cc: John Tucker, P.F. Page 2 of 2 t COMMUNICATION RESULT REPORT ( APR.26.2001 12:88PM ) * P. 1 TTI NCDENR WIRO FILE MODE 401- MEMORY Tx OPTION --------- --- REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) e-9195673611 RESULT PAGE -- E-3)3)3)3)3) P. 0/2- E-2) BUSY E-4) NO FACSIMILE CONNECTION North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor William G. ]toss, Jr., Secretary FAX COVER SHEET Date: April 26, 2001. To: John Berryman, P.E., President Company: Wolfe Group, Inc. FAX #; 919-790-8839 DM1Q StorMWatcr Project Number: SW8 000851 Project Name; Pleasure Island Center MESSAGE; Dear Mr. Berryman: A140491�? NCDENR NORTH CAROUNA DErARTMFNT OF EwRONMEKr AND NATuRAL RE9OURCE5 No. of Pages: 2 From: Linda Leiwis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 Please clarify who is the o�\mer of this project. You have signed the application as a "Member", but the plans indicate that Coastal Carolina, LLC is the owner/developer. What are you a "Member" of? A person of at least the level of Vice President in a corporation, a general partner in a partnership, or the sole proprietor must sign the ailn�tnafynn ^rr ,,m :.1.. ,..--- J _-_.---'• . . • * * * COMMUNICATION RESULT REPORT ( APR.26.2001 12:e6PM ) * * P. 1 FILE MODE OPTION ---------------------------- 400 MEMORY TX T-- REASON -FOR ERROR, E--1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) --------------- 8-9195673611 TTI NCDENR WIRO RESULT PAGE E-3)3)3)3)3) P. 0/2 E-2) BUSY E-4) NO FACSIMILE CONNECTION North Carolina Department of Environment and Natural Resources Division of Water Quality Wilmington Regional Office Michael F. Easley, Governor "William G. Ross, Jr., Secretary FAX COVER SHEET Date: April 26, 2001 To: John Berryman, P.E,, President Company: 'Wolfe Group, Inc. FAX #: 919-790-8839 DWQ Stormwater Project Number: SW8 000851 Project Name: Pleasure Island Center MESSAGE: Dear Mr. Berryman: 1•• NCDENR EKviRQNMRNr ANo NAAl1RA1. RE9ouRces No. of Pages: 2 From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 Please clarify who is the owner of this project. You have signed the application as a. "Member", but the plans indicate that Coastal Carolina, LLC is the owner/developer. What are you a "Member" of? A person of at least iltc level of Vice President in a corporation, a. general partner in a partnership, or the sole proprietor must sign the pnnlif,gtinrnr.-.,,.mot ...... .'1 .. .. .,....�...1 __-•--�---- -..,s „ . _ _ iae of \orth Carohn:4 ` Department of Environment and Natural Resources Wilmington Regional Office ,lames 13. Hunt, Jr., Governor 13ill Holman, Secretary Division of Water Quality December 12. 2000 Mr..lohn Berryman 4109 Wake Forest Road._ Suite 304 Raleigh. NC 27609 Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwatcr Project No. SW8 000851 Pleasure Island Center New Hanover Count, Dcar Mr. Berryman: The Wilmington Regional Office received previousEv requested information for the Stormwater Management Permit Application for Pleasttl-e island Ccnter on November 3, 2000. A preliminary review of that inforittiation 11as determined that the application is not Complete. The following information is needed to continue the stormwater revic"'.: The casement agreement has been made in the name of Coastal Carolina. LLC, however, the application is not made in that name, and the Secretary of State has no listing; for a corporation by that name. If Coastal Carolina, LLC is in fact a listed corporation and the owner, please revise the application to include the corporate name and your title within the corporation. The Division cannot issue a permit to John Berryman, Owner, while the easement agreement is in the name of Coastal Carolina, LLC. If you are a person of at least the level of vice president of Coastal Carolina, LLC., you may sign the application. If you are the agent for the owner, please provide the owners name. title; and mailing address on the application, In order to sign the application) on behalf of the owner; you must provide a signed authorization from a person of at least the level of vice-president if the owner is a corporation; or a general partner if the owner is a partnership, or from the sole proprietor. 2. The revised application indicates that the drainage area for Basin 9) is 6.45 acres; however, the calculations to support this were not provided. The application also indicates that the drainage area for Basin #r2 is 2.25 acres, however, the calculations have not been revised from too, original 2.2 acres to support this. Please either provide revised calculations, or check the drainage areas of each Basin- Revise the application/calculations as nccded. Based on a 6.45 acre drainage area, the volume in Basin 91 is dcfiicient. Based on the original 4.99 acre drainage area from the calculations, the: volume provided is still deficient by over 3.) cubic. feet. At a minimum, each basin must provide storage for the first inch from its respective drainage area. Since there is excess storage in Basin 42, please either redirect some of the runoff in DA 1 to Basin 4-2, or enlarge Basin 41 and reduce Basin 142. If you choose the former- option, please redraw the draina-c basin boundaries to correspond. The permit will require that each outparcel submit for and receive a stornnvater management permit prior to construction, regardless of how little area is disturbed. We will require that these restrictions be recorded prior to issuing the permit. See attached sheet for specific languag C. 127 Cardinal Dr. EXt., Wilmington, North Carolina 2840'; Telephone 910-395-3900 FAX 911)-35{1-2004 An Equal Opporiunit.y Affirmative Action Emplo,yer 50`%, rec}ycletl/10% pose -consumer tr:rher Mr. Berryman December 12. 2000 Storm":ater Project No. SWS 000851 A staking plan was not included with the most recent submittal. Please provide the dimensions for huildings, sidewalks, parking lot and driveways. As previously requested, please dimension the 20.78 contour in each basin. 6. How will the runoff which currently drains into the ditch area on the east side of Bridge Barrier Road, in front of the outparcels, be redirected? The proposed curbing will only help redirect the runoff from the road immediately in front of the current project. It won't help to redirect the runoff from the south part of the road already in the ditch. The existing contours in this area indicate that upstream runoff will come down the east side ofthe road, enter a pipe under the south driveway and be directed into infiltration Basin #1. Please either redirect this runoff or include it in the basin design. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to .January 12, 2001, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by Which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to N C G S 143-215.6A. Please reference the State assigned project number on all correspondence. Any.original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSSlarl: S:1WQSISTORMWATIADDINPO1000851.DEC cc: Linda Lewis ,John Tucker. P.E. Harry Oakes, Public Works Director, Town of Carolina Beach DE'E'D RESTRICTIONS Each of the S outparcels and the future development area noted on the approved stormwater plans for Pleasure Island Shopping Center must submit a complete Coastal Stormwater Management Permit application to and receive approval from the Division of Water Quality prior to any construction. An application package includcs 2 sets of plans, the required application fee in effect at the time of application; a completed application and supplement form, calculations, and other supporting documentation as needed. ?. The infiltration basins shown on the approved Stormwater Management plans are NOT sized to handle any runoff fi-om the outparcels or the future development area. No runoff from the outparcels or future development area can be directed into the drainage area of either of the two permitted infiltration basins, without first submitting a complete stormwater application and receiving a permit from the Division of Water Quality. Modification or enlargement of the basins may be required. 01/12/01 03:40 FAX 9197908839 1TOLFE GROUPS INC a 001 I t 6M V iwj�m *s, ■ , A-704 ECWT And r/f16iM74i/)G .r a'i�?i'3rii:r:i .:�E�."j?�i; `vu%itiic: %1::''�++I.�vTi2lij�t3r5•uid: 4109 Wake Forest Road, Smite 304, Raleigh, NC 27809 919.876.9217 Facsimile 919.790.9839 www.Wolf@Groupe.com January 12, 2001 Linda Lewis NCDENR, Division of Wa :er Quality, Wilmington Regional OfSr;e 127 Cardinal Drive Exten:lon Wilmington, NC 28405 RE: Request for Addit onal time to Respond to your request for additional information Dated 12/12/00 Storm Water Proj :ct No. SW8 000851 Dear Linda. - We request an extension :)f the response deadline from January 12, 2001 to February 5, 2001 to allow additional time to propedi, address the DWQ issues for the entire site to avoid additional submittals which will unnecessarily tl �% up both your office and our civil designers_ Unfortunately with the holidays we have gotten behind a hit in our work. We appreciate your consi-ieration and will have our completed and revised submittal to you on the date noted above if that is aco .rptable to you. Please advise_ Sincerely, John Berryman, PE President NCDNRDWQ Request For additk nal time 011201 _DOG ■From: John Tucker To: Ms. Linda Lewis Date; 1/12/01 Time: 12:05:50AM Page 1 of 2 To: Ms. Linda Lewis Company : NCDENR - DWQ Fax Number : 19103502004 Subject : Pleasure Island Center Pages including cover page: 2 MESSAGE FAX COVER From : John Tucker Company: John A.K. Tucker, P.E. Fax Number : 1-919-567-3611 Date: 1 /12/01 Time: 12:05:46 AM 0 WinFax PRO Cover Page From. John Tw-ker To: Ms. Linda Lewis Date: 1 /12/01 Time: 12.05:50 AM Page 2 of 2 John A. K. Tucker, P.E. Consulting Engineer Aklemorandum TO: Iv1s. Linda Lewis From: Jolui Tucker Date: January 11, 2001 Subject: Stormwater Project Number SWX 000851 Pleasure Island Center New Hanover County In accordance with your letter of December 12, 2000, we are hereby requesting additional time to response to the last comments regarding this proiect. We are re-evaluating the size and location of the infiltration basins and other features of the slomiwater management plan. We anticipate that a revised plan and response to continents can ready no later than Friday, February 2, 2001. Please call irVUil have any questions. P.D..Box 297 Friquay-Manna North Carolina 27526 Voice (91.9) 567-0483 Fat (919) 567-3611 johnakojohi7tucl-erpe.com 01/24/01 22:38 FAX 9197908839 WOLFE GROUPE INC daChZ C7l�ednt7 cnGiA,?iirTlG , ::......... �- Ei'7 ON • 'iF,�. rr��? . �; �; _,,. 4109 Wake Fore6t Road, Sulto 304, MeiigK NC 27609 - - 919.976.9217 FaCsirnile 919.79d.8839 WWW.W0lfeGroupe.r.om January 12, 2001 Linda Lewis NCDENR, Division of W,:iter Quality, Wilmington Regional Off ce 127 Cardinal Drive Extension Wilmington, NC 29405 RE: Request for Addi :ionai time to Respond to your request for additional Information Dated 12112/00 Storm Water Project No. SW8 000851 Dear Linda: We request an extension of the response deadline from January 12, 2001 to February 5, 2D01 to allow additional iime to properl j address the DWQ issues for the entire site to avoid additional submittals which will unnecessarily lie up both your office and our civil designers. Unfortunately with the holidays we have gotten behind a bit in our work. We appreciate your consideration and will have our completed and revised submittal to you on the date noted above if that is acceptable to you. Please advise. Sincerely, L' John Berryman, PE President Lam:.& P);,�.,. � 0001 NCDNRDWQ Request for addir onal time 011201 DOC Ray P. Rothrock Mayor Pat Efird councill4amal Joel Macon Councilman Dennis Barbour MayorPro Tem Gary Doetsch Councilman Calvin R. Pcck, Jr. Manager TOWN OF CAROLINA BEACH 1121 N. Lake Park Boulevard Carolina Beach, North Carolina 28428 910 458 2991 RECEIVEJ FAX 910 458 2997 T'rER OF gC�rREE11�N'1` NOV 0 3 2000 Agreement of Perpetual Right of Use DWQ Eastern Portion of Bridge Barrier Road Right -of -Way p1R0.r * _'SW'F OCO'3 S/ Town of Carolina Beach Carolina Beach, North Carolina This agreement established on the 26th day of October 2000, between the Town of Carolina Beach, NC, first party, and Coastal Carolina, LLC (development corporation), second party. Purpose: The first party hereby authorizes the second party perpetual use of the eastern portion of Bridge Barrier Road right-of-way (a municipal owned 100 ft. road right-of-way) from a point east of the existing paved asphalt surface to the road right-of-way line (approximately 39 feet in width) and paralleling the development project site of the second party (approximately 1,378.38 feet in length) for the purpose of constructing retention/detention storm water areas, drainage, utilities, sidewalks, driveways, landscaping, and other authorized improvements as required by the first party. Conditions ofAgreement: The second party, as conditions of the perpetual right of use of the road right-of-way, hereby agrees to accept responsibility to repair, replace, or correct any and all damages which may occur to the existing asphalt surface, municipal water and/or sewer lines, hydrants and/or any elements associated thereto as a result of actions of the second party or subdivisions thereto. The second party also accepts perpetual responsibility for repair, replacement, correction, and maintenance of all improvements constructed and/or installed within the authorized area of agreement to include, but not limited to, water and sewer lines/services, retention/detention areas, drainage, sidewalks, driveways, landscaping, and elements associated thereto. In agreement with the purposes and conditions as specified herein, both parties hereby agree and affix their authorized signatures and corporation seals as applicable, and, notarized and witnessed accordingly to certify a perpetual binding agreement. Should the second party fail or default in violation of this agreement, the party of the first part shall have the right to proclaim this agreement null and void and shall take appropriate actions as necessary to insure compliance of the second party. Party of the First Part Mayor, Town rolina Beach, North Carolina 11/3/00 Date 11 /3/00 Date 11 /3/00 Date s From: John Tucl,cr To. Linda Lewis Date: W 12/b 1 Time: S:A3:3p AM Page a 91 1Ak� STORM WATER MANAGEMENT PLAN for PLEASURE ISLAND CENTER Carolina Beach, N.C. RECEIVED Project Number 0002 JUN 1 2.2001 August 2000 DWQ PROd # W-g obo g5 OVER John L. Berryman 4109 Wake Forest Road, Suite 304 Raleigh, NC 27609 Revised 02/2712001 Revised 06111l2001 John A.K. Tucker, P.E. Consulting Engineer Post office Box 297 Fucluay-Varina, North Carolina 27526 Voice (919) 567-0483 Fax (919)567-3611 Join A. K Tucker, P.E. comultingg Engineer P.0. BOY 297 Fuquay-Marina, North Carolina 27526 Project Sheet Date Scale Wolfe G"upe - Pleasure Island Infiltration Basin Number 1 Revised 0210312001 Revised 0512212001 Revised 0610512001 Revised 0611112001 Drainage Area 4.98 AC Runo f f Coefficient Rv - .05 + 0 , 009 (I) where I - 100x - .05 + 0.009000) = .95 Design Volume Vw - Design Rainfall x Rv x Drainage Area -i'x.95x4.98AC - 17, 174 CF of Infiltration Rate 8 inches/ hour T - Time to Fill Basin - 45 minutes (estimated) Basin Bottom Surface Area - 1355 SF Basin Top Surface Area - 7826 SF Basin Depth - 3.6 FT Basin Volume Provided - ((7826+1365)12) OF 3. 6) + (.67 FT/HR) * (. 75 HR) N 0365 SF) - 15.543 CF + 686 - 17229 CF > 17174 CF OK Draw Down Calculation Surface Area - 1365 SF (Bo t tom Area) .+`HCaRp''' Draw Down - (17174 CF) / (. 67/FT/HR) m (1365 SF) OFFS - 18.77 Hrs < 120 Hrs OK _ r EA t - • Summary _ s S5 Design Volume - 17174 CF - �y • �Gt NE�a'�<c•�,' Basin Volume Provided - 18519 CF '• �G �� Draw Down Time - 18.77 HR ''� A K ++`� References: Maryland Stormwater Design Manual Appendix D-13 . Stormwater Best Management Practices - April 1999 Elements of Stormwater Design = H.R. Malcom, P.E. North Carolina Sediment Control Planning RECEEIVED and Design Manual volumes and Areas from Terramodel CAD Software JUN 1 2-'2001 DWQ PROD # 5LA-21 OCX) gSf 7 Jo Z a3ed �Nd 06 O�:S :awil [0/c'C/� :a;2� sinnal epuil :ol ua>pnl uUoj :wou j From: John Tud,er To: Linda Lewis ['ale: G/12/01 Time: 9:43:30 AM Jnhn A.K Tucker, P.E. Project Page d of G Wolfe Graupe - Pleasure Island Consulting Engineer Sheet P.D. Box 297 Fuquay—Varina. North Carolina 27526 Date Scale Infiltration Basin Number 2 Revised 0210312001 Revised 0512212001 Reviied 0610512001 Revised 0611112001 Drainage Area 2.52 AC Runoff Coefficient Rv - .05 + 0.009(I) where I - 100x _ . 05 + 0. 009 (100) .95 Design Volume Vw = Design Rainfall x Rv x Drainage area -1"x .95x2.52AC = 8690 CF Infiltration Rate 8 inches/ hour T = Tlme to Fill Basin = 45 minutes (estimated) Basin Bottom Surface Area = 209 SF Basin Top Surface Arco = 4149 SF Basin Depth - 4.0 FT of Basin Volume Provided = ((4149 + 209) /2) *4. 0) + (. 67 FT/HR) * (. 75 HR) * (209 SF) = 8716 + 105 - 8821 CF > 8690 CF --- OK Draw Down Calculation Surface area W 209 SF (Bottom Area) Draw Down = 18690 CF) / (. 57/FT/HR) * (209 SF) = 62 Hrs < 120 Hrs OK Summary Design Volume - 8690 CF Basin Volume Provided = 8821 CF Draw Down Time - 62 HR References: Maryland Stormwater Design Manual Appendix D-13 Stormwater Best Management Practices - April 1999 Elements of Stormwater Design - H.R. Malcom, P.E. North Carolina Sediment Control Planning and Design Manual Volumes and Areas from Terramodel CAD Software From: John Tu6r To. Linda Lewis Do,c; 6112101 Time: 9,43;30 AMS Page 3 of U ti John A. K Tucker. P.E. Project Consulting Engineer Sneet P.O. Box 297 Fuquay-Varina. North Carolina 27526 Date Scale Nolfe Groupe - Pleasure Island of Infiltration Basin Number 3 Revised 0210312001 Revised 0512212001 Revised OE10512001 Revised 0611112001 Drainage Area 4.65 AC Runoff Coefficient Rv - .05 + 0.009(I) where I - 100Z = .05 + 0. 009 (100) .95 Design Volume Vw = Design Rainfall x Rv x Drainage Area I" x .95 x 4. 65 AC 16,035 CF Infiltration Rate 8 inches/ hour Time to Fill Basin 45 minutes (estimated) Basin Bottom Surface Area = 4470 SF Basin Top Surface Area = 12305 SF Basin Volume - 3.0 FT Basin Volume Provided = ( (i2305 + 4470)12)M3.00 + (_ 67 FT/HR) x (. 75 HR) :W (4470 SF) - 25162 + 2245 = 27408 CF > 15035 CF --- OK Draw Down Calculation Surface Area 4470 SF (Bottom Area) Draw Down - (16035 CF) / (. 67/FT/HR) * (4470 SF) - 5.35 Hrs < 120 Hrs OK Summary Design Volume = 16035 CF Basin Volume Provided a 27408 CF Draw Down Time = 5.35 HR References: Maryland Stormwater Design Manual Appendix ❑-13 Stormwater Best Management Practices - April 1999 Elements of ,Stormwater Design - H.R. Malcom, P.E. North Carolina Sediment Control Planning and Design Manual Volumes and Areas from Terramodel CAD Software From; John Tucker To: Linda Lewis Date) G/12/01 Time: 9a3.30 Af 1 Jahn' A. K Tucker. P.E. Project Flage G of G Consulting Engineer Sheet P.D. Box 297 Fuquay—Varina, North Carolina 27526 Date Scale Wolfe Groupe - Pleasure Island of Infiltration Basin Number 4 Revised 0210312001 Revised 0512212001 Revised 0510512001 Revised 0611112001 Drainage Area 3.11 AC Runoff Coefficient Rv = .05 + 0.009 W where I = 100X = .05 + 0. 009 (100) .95 Design Volume Vw = Design Rainfall x Rv x Drainage Area = 1" x .95 x 3.11 AC - 10724 CF Infiltration Rate B inches/ hour Time to Fill Basin = 45 minutes (estimated) Basin Bottom Surface Area = 1367 SF Basin Top Surface Area = 4445 SF Basin Depth - 4.0 FT Ba s i n Volume Provided = ( (4445+ 1357) /2) *4. 0) + (.67 F T/HR) * (. 75 HR) * (1357 SF) = 11624 + 6B6 = 12310 CF > 10724 CF --- OK Draw Down Calculation Surface Area - 1367 SF, (Bottom Area) Draw Dawn - (10 724 CF) / (. 67/FT/HR) IY (1367 SF) 11.70 Hrs < 120 Hrs OK Summary Design Volume = 10724 CF Basin Volume Provided = 12310 CF Draw Down Time - 11.70 HR References_ Maryland Stormwater Design Manual Appendix D-13 Stormwater Best Management Practices - April 1999 Elements of Stormwater Design - H.R. Malcom. P.E. North Carolina Sediment Control Planning and Design Manual Volumes and Areas from Terramodel CAD Software A-?GisiCL-ffW AWD FB4FXFr-qiM P 4109 Wake Forest Road, Suite 304 Raleigh, NC 27609 919.8 6839 10 �C 6ze; I MAR 12 2001 J-) LETTER OF TRANSMI'l-FAL DWQ TO: NCDENR, Division of Water Quality DATE: 3/9/01 PROJECT #: 127 Cardinal Drive ATTEN: Linda Lewis Wilmington, NC 28405 RE: Pleasure Island Carolina Beach NC We are sending you XXX Attached _ Under separate cover VIA FEDEX the following items Shop drawings Prints XXXX Plans Samples Specifications Copy of Letter Change Order XXXXX Other COPIES DATE NO. DESCRIPTION 3 3 3 _ _ Set of plans Storm water M mt Permit Applications Drainage Calculations S Storm water M mt plans These are transmitted as checked below: XXX For Approval Approved as submitted Resubmit Copies for approval For Your Use Approved as Notes Submit Copies for distribution As Requested Returned for Corrections Return Corrected prints For Review and Comment For Bids Due Prints returned after loan to us REMARKS: Please contact me with any questions at 919-876-9217. Thanks. Copy to: Signed: -John Berryman, President datl «CZ-ZRE dn0 rnCIMMIM WOLFE CROUP , inc. Christopher D. Patrick, AIA 4109 Wake Forest Road, Suite 304, Raleigh, NC 27609 John L. Berryman, PE 919.876.9217 Facsimile 919.790.8839 TO: NC DWQ 127 Cardinal St. Ext. Wilmington, NC LEMER OF 7RANSHMAL DATE: 11 /2/00 PRO]. # 0025 ATTEN: Ms. Linda ewts RE: Pleasure Island o to enter aroma Beach, NC WE ARE SENDING YOU XX Attached Under Separate Cover VIA Delivered the following items: Shop Drawings Prints XX Plans Samples Specifications Copy of Letter Change Order COPIES DATE NO, DESCRIPTION 3 ea. ems— Revised Drawin s Re—vised Permit Application ( W THESE ARE TRANSMITTED as checked below: For Approval Approved as submittcd Resubmit copies for approval For vour use Approved as noted Subinil copies for distribution XX As requested Returned for corrections Return corrected prints For review and comment For Bids Due Prints returned after loan to us REMARKS RECEIVENY NOV A 3 FBW Dim rar�,r_ 1u9, Copy to SIGNED: Joan Berryman TOWN OF CAROLINA BEACH PUBLIC WORKS DEPARTMENT 1121 N. LAKE PARK BLVD. CAROLINA BEACH. N. C. 28428 (910) 458-8291 Fax. (910) 458-2997 September 12, 2000 Ms. Linda Lewis Water Quality Division NCDENR 127 Cardinal Drive Ext Wilmington, NC 28405-2845 Dear Ms. Lewis: IF SEP 1 4 MO BY: As per our telephone discussion on Friday, September 8, 2000, 1 am providing you herewith a statement on behalf of the Town of Carolina Beach, regarding assurances that the town has authorized the use of the eastern portion of Bridge Barrier Road (public) right-of-way for use by Coastal Carolina, LLC for storm water retention basins and drainage relative to development of a shopping center adjacent thereto. The public road right-of-way for Bridge Barrier Road is an excessive 100 feet of which only 30 feet is or will be actually utilized for roadway. Likewise all utilities have been installed within the area. We do not envision any future need for the road right-of- way relinquished for the basin/drainage project. If you have questions regarding the authorization and relinquishment, please contact me Sincerely, H Oakes Director of Public Works HEO/cml CC: Calvin Peck, Town Manager -John Berryman, Development Representative rom: John A.K. Tucker To; Linda Lewis Date: 11/2/2000 Time; 3:32:18 PM Page 1 of 2 To: Linda Lewis John A.K. Tucker, P.E. Tel: 919-567-0483 Fax: 919-567-3611 FACSIMILE- .-d�0V-'ER PA=GE � Fax #: 19103502004 Company: NCDENR - DWQ Subject: Pleasure Island Comments Sent: 1112100 at 5:35:22 PM MESSAGE: Ms. Lewis: From: John Tucker Fax #: 1-919-567-3611 Tel #: 919.567-0483 Pages: 2 (including cover) Attached is a response to the comments in your letter dated October 3, 2000. This should have gone with the package that was delivered today. Items 1 through 10 are addressed by me. Items 11 and 12 are addressed by Mr. Berryman. Please call if you have any questions. With Best Regards, John Tucker WinFax PRO Cover Page From: John A.K. Tucker To: Linda Lewis Date: 11/2/2000 Time: 3:32:18 PM Page 2 of 2 John A. K. Tuckcr, P.E. Consulting Engineer Nleniorandum TO: Ms. Linda Lewis From: John Tucker Date: October 31. 2000 Subject: Stormwater Pro'lect No. SWX 000851 Pleasure Island Center New Hanover CCOL►niv Response to Conune►tts . Site has been investigated and no jurisdictional wotlands are in this phasc. ofthc project. See notes on Shea C1 2. Application has been modified to reflect the Iwo hasins. 3. 130111uda grass has been specified as the slope vegetations ( see detail sheet). 4. Staking plan is provided. 5. Flashboard elevation is labeled oil the detail 6. Drainage basins are delineated. ,; to the super elevated road, curb and gutter ittaprovulie tits are proposed for that portion of Bridge 13affier Road. The curb and gutter will diveii water away from the ponds. 7. The 20.78 contour is shown 8. Catch basin is now a junction box. 9. There is no future development planned ror these basins. Future development Will be pc limed separately. All ofl:site water to this portion of th:: site will be diverted around the project. 1f1. Detail is provided. P.U. Box 297 Fuqua-v-l-a)7rra Nw-thCai-ohna 27526 Voice (919) 367-04$3 Fax (919) i67- 3611 coni State of' North Carolina `Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Jr., Governor Bill Holman, Secretary Division of Water Quality October 3. 2000 Mr. John L. Berryman 4109 Wake Forest Road, Suite 304 Raleigh, NC 27609 Subject: ACKNOWLEDGMENT OF RECEIPT AND ' REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SWS 000851 Pleasure Island Center New Hanover County Dear Mr. Berryman: The Wilmington Regional Office received a Stormwater Management Permit Application for Pleasure Island Center on August 29, 2000. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: L/1. ]'lease delineate all wetlands on site, disturbed or undisturbed, or note on the plans that none exist. V 1). Since there are two infiltration basins proposed,. please complete one column on the application for each basin. V 3. Please specify basin side slope vegetation. The North Carolina Erosion and Sediment Control Planning and Design Manual indicates that Weeping Love Grass is not recommended for use in North Carolina as either a temporary or a permanent cover. Your engineer has specified American Beachgrass, which is also not suitable for use in North Carolina, as it is very susceptible to heat and drought which are very common on the coast of North Carolina. Nu 4. Please provide a dimension plan. Show dimensions for the buildings, parking area, drives, sidewalks. etc. 4 5. Please label the Ilashboard elevation (20.78) on the bypass detail. 6. Please delineate the drainage area for each basin. I am unable to verify the calculations without this information and Item #2. While I was at the site for the soils investigation; I poticed that the road was superelevated toward the site; which means that there is offsite runoff from the right-of- way and beyond, which must either be accounted for at the full build -out potential or rerouted around the proposed basins. If it is not rerouted, it must be collected and directed into the basins through the bypass structure. It may not sheet flow from the road into the basin. 7. Please delineate and label the 20.78 contour in each basin and provide the dimensions for that contour. �`Aorj- 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telepbone 910-395--3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. Berrvman October 3. 2000 Stonw,vater Project No. SW8 000851 --------------------------------------------- 8. There is a catch basin located in the northwest corner of the site, which appears to be connected to the piping coming from the bypass structure and exiting the site. All runoff from the impervious areas of the proposed site must be collected and treated. Please either delete this catch basin, make it a junction box (i.e., no grated access), or route the piping from the catch basin into the ypass structure for treatment. Ni f 9. Is any of the future development accounted for in the basins? Those areas identified as future development are subject to the stonnwater rules, and must either be accounted for in this design, or apply for a separate permit in the future. Please revise the application as necessary. 10. Please provide a section detail through the basin, indicating the basin depth, elevations, and the minimum 3:1 or flatter slope. /11. Please provide an executed easement agreement between the Town of Carolina Beach and the owner for the use of the right-of-way. It needs to be clearly understood who will be responsible for increasing the size of and/or relocating the basins if the road is ever widened or taken over by DOT. (QJ 12. Are you the owner of this project? If you represent the owner, you must provide the name and t' address of the owner on the application, your title, and a signed letter of authorization from the owner. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to November 3, 2000, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The.request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation ofNCGS 143-215.1 and'is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Au� Linda Lewis Environmental Engineer RSS/arl: S:1WQSISTORMWATIADDINF01000851.00T cc: Linda Lewis John Tucker, P.E. -ep-12-00 11 :34A Town of Carolina Beach PW 910--458-1-2528 P_OIL TOWN OF CAROLINA BEACH PUBLIC WORKS DEPARTMENT 1121 N. LAKE PARK BLVD. CAROLINA BEACH, N. C. 28426 (910) 458-819t Fax, (9tO) 458-2997 September 12, 2000 Ms. Linda Lewis - Water Quality Division NCDE;NR 127 Cardinal Drive Ext Wilmington, NC 29405-2845 Dear Ms_ Lewis- As per our telephone discussion on Friday, September 8, 2000, 1 ant providing you herewith a statement on behalf of the 'town of Carolina Beach, regarding assurances that the town has authorized the use of the eastern portion of Bridge Barrier Road (public) right-of-way for use by Coastal Carolina, LLC for storm water retention basins and drainage relative to development of a shopping center adjacent thereto. The public road right-of-way for Bridge Barrier Road is an excessive 100 feet of which only 30 feet is or will be actually utilized for roadway- Likewise all utilities have been installed within the area. We do not envision any future need for the road right-of- way relinquished for the basin/drainage prgject. If you have questions regarding the authorization and relinquishment, please contact me Sincerely, III Oakes Director of Public Works I IEO/cml CC: Calvin Peck, Town Manager John Berryman, Development Representat.ivc 1 2. DIVISION OF WATER QUALITY INFILTRATION SYSTEM INVESTIGATION The minimum bore depth: A � #� �r r-. 3 lD r The type of soil: OIL 3. The expected infiltration rate: 0 G 4. The depth to the Seasonal High Water Table: aev. 139 0 if, 5. Additional comments: / `` 1CX OFe-4 M ��Vl/ r h �� fo �'r�GVQ G►'' - I perm r�SSr' '� � �(aw✓r . �255 iJie5r'C�i1 �V2��C�/12e. [�5(�2 E�u/)o � (Pro, � � Sc��Jerer/2✓ Signature of Regional Office Personnel: �xr�� CUrve Linda Lewis, DWQ Vincent Lewis, Soil Scientist Permit Application No. Date -2000 S :1WQSISTORMWATIFORMSIINFINVST. FOR John A.K Tucker. P.E. Consulting Engineer LETTER OF TRANSMITTAL 'rl- 00 TO.- NC DENR - DWQ 127 Cardinal Drive Ext Wilmington, NC_ We are sending the following: x Prints X Photocopies _ Originals — Shop Owgs Disks — samples DA TE JOB a 0 C+o r 0002 A TTENTION Ms. Linda Lewis SUBJECT Pleasure Island Center By Mail X By Overnight Delivery (UPS) _ By Hand By Pick Up BY Courier _ By Facsimile Cate Ouantity Description 08/18/2000 2 Sets of site plans - 24 x 36 08/20/2000 2 Original and copy of Stormwater M mt. Permit Aeplication Form Wk " 08/20/2000 Check in amount of $420.00 #7278 08/20/2000 2 Supplement Forms for 2 BMP's d 08/20/2000 2 Drainage Calcs and Storm Water M mt. Plan r4A- C. These are transmitted as Checked below., AUG 2 9 ,2000 AU 2000 x For approval _ — For your use _ Fq� r� r YRfYo r _ Far Your DWQ Action Approval — Approved Approved as DWG PRO # Noted _ As requested Other _ Disapproved — For review and comment _ Resubmit copies for approval Submit copies for distribution Return corrected prints Remarks: Copy To Wolfe Groupe _ Signed John A.K. Tu 5 er, P.E. P.O. Box 297, Fuquay-Varina, North 7,2,n, 27526 Voice (919) 557-0483 Fax (919) 557-3611 email: johnak@johntuckerpe.com If r If rr - i r r Ral AZ Psu Wwmifty&n, ./ir.A ivies 2& 2 X6 NO-4,52-000f Yuac ,-4 .1.►y ,9r A44. . d ` —9 Yes'"°' WdftZ.P& , ✓ V ZW.1 DATE: August 28, 2000 SUBJECT: Land & soils evaluation for the Pleasure Island Center for on -site storm water treatment usage. Tract located on Pleasure Island, New Hanover County, North Carolina. TO: Mr. John A.K. Tucker, P.E. Consulting Engineer P.O. Box 297 Euquay-Varina, North Carolina 27526 The land. and soils within the proposed on -site storm water treatment basins (map drawn by Wolf Group, Inc, Architecture and Engineering, Pleasure Island Center, Water and Sewer Plan, C-3, 8-18- 00) were evaluated on a preliminary basis to determine potential suitability for on -site storm water treatment usage. NCDEH&NR " Storm water Runoff Disposal" rules and regulations (NCAC 15-2H- _1000) were used as guidelines in making this evaluation. Projects that are greater than 1 acre in size, with greater than 25% impervious surface, and is less than'/ mile from and drains into Class SA waters is required to use infiltration basins/galleries or an equivalent method for storm water treatment. Principle soil and site requirements for an infiltration system are: --the infiltration system's bottom must be 2 feet or greater from the seasonal high water table; ---must be capable of complete draw -clown within 5 days; ---the soil's hydraulic conductivity must be 0.52 in/hr or greater. Numerous borings to 10 feet (120 inches) were performed in the proposed storm water treatment area. The soil type in these areas are Kureb sand with a seasonal high water table of greater than 96 inches from the existing soil surface based on soil indicators. The soil texture consisted of medium sand from the surface horizons to 120 inches. The estimated permeability is 6-10 in/hr. Based on these findings, the proposed storm water treatment areas as identified on the above referenced map, meet and exceed all NCDEH&NR-DEM parameters for an on -site storm water treatment system, Soil logs can be provided upon request. If you have any further questions regarding this project or future projects, please do not hesitate to call. Thank you for the opportunity to work with you on this project. rk D. ..ST�n, .a•' Licensed Soil Scientist, NC#1088 � t e r lC1r, 10880�� a�Rm 2