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SW8161204_Historical File_20200728
Pusey, Steven From: Garry Pape <gpape@gsp-consulting.com> Sent: Tuesday, July 28, 2020 12:53 PM To: Pusey, Steven Subject: RE: [External] RE: Wyndwater Yes please From: Pusey, Steven [mailto:steven.pusey@ncdenr.gov] Sent: Tuesday, July 28, 2020 12:09 PM To: Garry Pape Subject: RE: [External] RE: Wyndwater Garry, Just to confirm, you want me to prepare the following file for scanning: Permit SW8 161204, Ocean Isle Beach Market Place. Steve �1 Steven G.Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.puseyC.ncdenr.gov QEQl� From: Garry Pape <gpape@gsp-consulting.com> Sent: Monday, July 27, 2020 6:59 PM To: Pusey, Steven <steven.pusey@ncdenr.gov> Subject: RE: [External] RE: Wyndwater Thanks. - Garry Garry S. Pape, P.E. GSP CONSULTING, P]L,LC 6626-C Gordon Road Wilmington, North Carolina 28411 Mobile: 910-442-7870 Pax: 910-799-6659 gpape@.gsp-consultink,-.com -------- Original message -------- From: "Pusey, Steven" <steven.pusev@ncdenr.gov> Date: 7/27/20 5:45 PM (GMT-05:00) To: Garry Pape <gpape@gsp-consulting.com> Subject: RE: [External] RE: Wyndwater will get this going tomorrow then. Thanks, Steve From: Garry Pape <gpape@gsp-consulting.com> Sent: Monday, July 27, 2020 5:20 PM To: Pusey, Steven <steyen.pusey@ncdenr.gov> Subject: RE: [External] RE: Wyndwater ermall_ Do not dirk t� or . you ven-N. to Ok. Sounds good to me. From: Pusey, Steven [mailto:steven.12usey ncdenr.gov] Sent: Monday, July 27, 2020 5:02 PM To: Garry Pape Subject: RE: [External] RE: Wyndwater Here are the proposed steps: When someone requests to have a file scanned in lieu of a file review, WiRO staff will pull the file and measure the thickness. WIRO staff will let requestor know the cost of the scanning (which will be $35/inch, rounding up to the nearest whole inch). Note that the $35/inch price will be reevaluated after the first 10 jobs by AWG to ensure that it covers their costs. Note that file is about 2" thick. 2. If the requestor wants to go forward with the scan, within 5 business days for files less than 5-inches (larger files require a longer timeframe depending on the size of the file) WiRO staff will prepare the file with the coding sheets using the scanning chart and example steps. 3. Once coded, WIRO staff will email All Ways Graphics (AWG) (info@a;lwaysgraphics.com) to let them know that a file is ready for pick up. 4. AWG will email the requestor and cc: Annette Lucas and Suzanne McCoy (CO admin) to let them know how to submit payment (an electronic option will be considered). AWG will scan the file within 5 business days. After the file is scanned and the payment is received, AWG will email the requestor a link to download the file and cc: the SW -CO staff so the file can be updated to LaserFische. 5. AWG will deliver the file back to the WiRO. So, as stated in item #4, Always Graphics will email you, the requestor, to let you know how to submit payment, and the file will be scanned within 5 days, then they will email you a link to download the file. Regards, Steve Steven G.Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.pusey@ncdenr.gov D E `t%t r'.. i�t9:t. •'_ ir;}_ �;: }',< ...'l'= �.. . �'� .;lc�J'.�ni1 41 ti 'r,.( ..� . _.,. From: Garry Pape <gpape@esp-consultine.com> Sent: Monday, July 27, 2020 4:40 PM To: Pusey, Steven <stever.pusey@ncdenr.gov> Subject: RE: [External] RE: Wyndwater That vvould be fine. Are the scanned ri,es et~iailed to me? How do I p?y? From: Pusey, Steven fmailto:ste-,;en.p- ,:,�e ancdenr.gov] Sent: Monday, July 27, 2020 4:18 PM To: Garry Pape Subject: RE: [External] RE: Wyndwater Are you interested in getting the file scanned? The cost would be about $70. From: Garry Pape <gpape@gsp-consultin9.com> Sent: Monday, July 27, 2020 3:41 PM To: Pusey, Steven <steven.pusey@ncdenr.gov> Subject: RE: [External] RE: Wyndwater en%a Do not Steve, I'm trying to get info for Permit #SW8 161204, Copy of Permit, Plans and Calcs. How do I do that? From: Pusey, Steven [mailto:steven_pusey@ncdenr. ov] Sent: Monday, July 27, 2020 9:07 AM To: Garry Pape Subject: RE: [External] RE: Wyndwater Okay, thanks. From: Garry Pape <Rpape gsp-consulting.com> Sent: Monday, July 27, 2020 9:05 AM To: Pusey, Steven <steven.pusev@ncdenr.eov_> Subject: [External] RE: Wyndwater UTIUN: - - - - - Still working on getting everything wrapped up. Hoping to be done by the end of the week. Will keep you up to date on completion. From: Pusey, Steven[mailto:steven.puseyCd)ncdenr.go_v] Sent: Monday, July 27, 2020 9:04 AM To: Garry Pape Subject: Wyndwater Garry, Hope all is well and you're enjoying the summer. Can you give me an update on Wyndwater? I was thinking they might be complete by now. Steve 4 H Johnson, Kelly From: Johnson, Kelly Sent: Friday, February 28, 2020 1:59 PM To: bbrown@halpernent.com Subject: Ocean Isle Beach Marketplace - State Stormwater ;SW8 161204) Mr. Brown, Thanks for calling today. As we discussed, this due date has been extended to 8/31/2020. Thanks, Kelly V-dLwokInsm, Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7343 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. N a a \ram l�soCO3 .4;Q- Johnson, Kelly From: Nicole Martin <NMartin@halpernent.com> Sent: Wednesday, January 29, 2020 11:00 AM To: Johnson, Kelly Cc: tclinkscales@paramounte-eng.com; Bill Brown Subject: (External] RE: Ocean Isle Beach Market Place - State Stormwater (SW8 161204) Attachments: Recorded Declaratio n_4296.551.pdf; 20.01.28 Plan of Action - Halpern Ent..pdf errta(1 as an imam Hello Ms. Johnson, Attached please find the signed Plan of Action and Schedule and the Recorded Declaration of Covenants and Restrictions for your records. We appreciate your assistance with this matter. Thank you and have a nice dayl Regards, Nicole Martin Administrative Assistant Acquisitions & Development HALF 0 5200 Roswell Road Atlanta, GA 30342 Office: 770-451-0318 Direct Line: 770-508-3339 From: Johnson, Kelly <kelly.p.johnson@ncdenr.gov> Sent: Tuesday, January 28, 2020 10:16 AM To: Bill Brown <BBrown@halpernent.com> Cc: tclinkscales@paramounte-eng.com Subject: Ocean Isle Beach Market Place State Stormwater (SW8 161204) Mr. Brown, You had previously been working with my coworker, Linda Lewis, but she has retired and i have been asked to finish this up. Please see the attached letter. Thanks, Kelly K.t;1.1.l oh Inso v%, Kelly Johnson Environmental Engineer 1 NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7343 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. IIIIIIII IIIIIBII�I III�III�IIIIII B4�s P 1;, �5:z3'� Brunswick County, NC Register of Deeds page 1 a 12 Ito a� Rev '1 Cl, 4 oKo —ck # cash $ of R Cash $ Fs,a ce c.u;ons document are illegible due to cc :r• rnssealavetifiedbY'... 1 ai etc: v,- r==n '. CLERK: PLEASE RETURN THIS DOCUMENT TO: Dt'IW11 Richard N. Lenner, Esquire 5200 Roswell Road Atlanta, GA 30342 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (this "Declaration") is made this / I?'"' day of NOY~ceg, , 2019 (the "Effective Date % by HALPERN OCEAN ISLE, LLC, a Georgia limited liability company ("Halpern"), and DWE TEWBER, LLC, a North Carolina limited liability company ("DWE"). RECITALS The following Recitals set out the background for and are a part of this Amendment: A. Halpern is the owner of fee simple title to the following parcels of land located in Brunswick County, North Carolina: (i) the land identified as "Outparcel i" in the drawing attached hereto as Exhibit "A- I" and made a part hereof, which Outparcel 1 is more particularly described in the legal description attached hereto as Exhibit "B" and made a part hereof; (ii) the land identified as"Outparcel 2" in the drawing attached hereto as Exhibit "A-1", which Outparcel 2 is more particularly described in the legal description attached hereto as Exhibit "C" and made a part hereof; (iii) the land identified as "Commercial Parcel 3" in the drawing attached hereto as Exhibit "A-1", which Commercial Parcel 3 is more particularly described in the legal description attached hereto as Exhibit "D" and made a part hereof; and (iv) the land identified as "Commercial Parcel 4" in the drawing attached hereto as Exhibit "A-2", which Commercial Parcel is more particularly described in the legal description attached hereto as Exhibit "E" and made a part hereof. B. DWE is the owner of fee simple title to the land located in Brunswick County, North Carolina identified as the "Commercial Parcel 5" in the drawing attached hereto as Exhibit "A- 2" and made a part hereof, which Commercial Parcel 5 is more particularly described in the legal description attached hereto as Exhibit' *' and made a part hereof. C. Outparcel 1, Outparcel 2, Commercial Parcel 3, Commercial Parcel 4, and Commercial Parcel 5, may be collectively referred to below as the "Property" or the "Outpareds" and may each individually be referred to as an "Outparcel." Na, I � "" -rI rrr, YQ M�Alr(� �mlt- IMECEIVE JAN 2 y 202J BY: 12-31-2019 IIII I II II II IIII II II I I II III II I HII III B ien� ^VWienmon9 13.00 PROP Brunswick County, NC Register of Deeds page 2 of 12 D. Halpern and DWE desire to restrict the amount of impervious soils permitted on each Outparcel in accordance with the requirements of the State of North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources department (the "Division'J. E. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 161204, as issued by the Division under NCAC 2H 1000. NOW, THEREFORE, for and in consideration of the foregoing facts, the mutual covenants, conditions and agreements set forth below, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Halpern and DWE hereby agree as follows: 1. The State ofNorth Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. 2. These covenants are to run with the land and be binding on all persons and parties claiming under them. 3. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. 4. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. 5. The maximum built -upon area for each outparcel is listed below in square feet. This allotted amount includes any built -upon area constructed within the Outparcel property boundaries, and within that portion of the right-of-way adjoining the property lines to 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 slatted decking, the water surface of swimming pools, a surface of #57 stone laid at least four (4) inches thick over a geotextile fabric or "trail" as defined in NCGS 113A-85. a. Outparcel 1: 23,998 square feet b. Outparcel 2: 27,763 square feet c. Commercial Parcel 3: 47,896 square feet d. Commercial Parcel 4: 47,640 square feet e. Commercial Parcel 5: 95,367 square feet 6. All runoff from the built -upon areas on the outparcel must drain into the permitted stormwater control measure. This may be accomplished through any mean available including piping, grading and swales. 7. Built -upon area in excess of the permitted amount will require a permit modification. - 2 - ullllllll!lNIIIBIIIIIaIl�q�l84296 �9:Mw, Brgm"Ick C—tY. NC Register of Dee11. CU.ds page 3 of 12PROP 8. All affected outparcels shall maintain a fifty (50) foot wide vegetative setback adjacent to surface waters, measured horizontally form and perpendicular to the normal pool of impounded structures, the top of the bank of each side of streams and rivers and the mean high-water line of tidal waters. 9. Any individual or entity found to be in noncompliance with the provisions of a sormwater management permit or the requirements of the Stormwater Rules is subject to enforcement procedures as set forth in G.S. 143, Article 21. 10. Each outparcel within the project whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division and receive a permit prior to any construction on the lot. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK — SIGNATURES ON NEXT PAGE] - 3 - IIIIIIII o1, IIIIIIIIIIIIIIIINIIiIIlIl111 j4�P8554mm:oe9P Brunswick County, NC Register of Deeds page 4 of 12 Executed and sealed as of the day and year first above written. HALPERN: HALPERN OCEAN ISLE, LLC, a Georgia limited liability company By: W-illiXn D. Bro President (SEAL) STATE OF o✓ COUNTY OF I, the undersigned Notary Public of the County or City of F0 T S Si Jet--- and State aforesaid, certify that William D. Brown. Jr. personally came before me this day and acknowledged that he is the Manager of Halpern Ocean Isle, LLC, a Georgia limited liability company, that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this I I day of 1*1 o VG M be-i— , 2019. 2 X-4 Co iG p6 dt j- h Notary Public Notary's Printed or Typed Name My Commission Expires: i I q �'� (Affix Seal) OLE Rr�y. �� F.xP1REs GEORGL4 7/19/Z1 - 4 alll�IgIIIII111uIIII���IIlllll �� ��� ;3 �-�,� Brunswick County, RC Register of � s- page f 12ROP Executed and sealed as of the day and year first above written. DWE: DWE TIMBER, LLC, a North Cgolma limitediiability company sy: DeCarol Williamson (SEAL) STATE OF(fAC0j'jAA COUNTY 0 v - I, the undersigned Notary Public of the County or City of 80,Ad NA.,naurr and State aforesaid, certify that DeCA r of Wi I I 1,2&6m personally came before me this day and acknowledged that he is the Manager of DWE Timber, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this _13 day of 80 h&-JQ Pr' . 2019. i L4- Notary Public Notary's Printed or Typed Name My Commission Expires:-8 -1b -,2Q2 (Affix Seal) NOTARr , - 5 IIIIIIII IIIIIIIIIIII IIIIIIII II.IIII B42,96 P0556 mans' 'PROP Brunswick County, NC Register of Deeds page B of 12 ANVO.ot�NWtlPY wa,.iemwta, a anaJ.woa�Lp°auo71 , ' i' , trcueaJVJxJrmrao1om Jmawovav WS gava roNc xooa �a Je¢aJm>Ae *?m D- +�; a� a�v. rfm% f ava> 2AAlilJC51'fiLI. fINV'Y GSN/V1RV i }� �}IIF}�� FoitlE! t�lli tet}t �} ytt t�ll�ll�(i31 P, �a11�::�1�eg11i�7010�ilat:l9 �r iA .. •Ils teJe..4p ` � ITIFIED SURVEY AND S NOT BEEN REVIEWED A LOCAL GOVERNMENT ENCY FOR COMPLIANCE TH ANY APPLICABLE VD DEVELOPMENT SULATIONS AND HAS T BEEN REVIEWED FOR MPLIANCE WITH IECORDING IEQUIREMENTS FO,.- 'LATS, ;1tr11.a�ai e � ------11 1,p _l tee II i d s 1 e � 1116. � i4 I � IL IN 9lQSlf®f /41L4 MN a I s IN f h l� IBIS � � I SetE F>cyr51-t' A"1- 1111111 Jill I IJI 11111 I l l jj IR11111111 L2 pq m- 23. Srrarouick ounty, egister of Deeds pagen9P 7 of 12 swvw9=,Qnvm rmi ���verarramoa ��rr°'�rrv°a» aeaan�vx 4lwrwr0roW1 lore nre �� x�zrtewax�raacuise tosaova �ooaaaa �� #i N $.iNll�7n7KN�da gfl'CLLLQNVTSdSN/VS'IY 1 � ]IBATI(1S I ; � N I,IIr i d AGENCY FOR COMPLIANj WITH ANY APPLICABLE -----I r--- - fLAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING 4ill i ; += Q7i REQUIREMENTS FOR — m�rr 1 + .amtrlss�.u. 3' el IIIlI111I1(IlIIIIIIIIIfIIIIIIlINIIII B429G P0558mmona-13.00P Brunswick Count 13 13 000 Y, NC Register of Deeds page 8 of 12 EXHIBIT B: OUTPARCEL1 OCEAN ISLE BRUNSWICK COUNTY, NC BEING ALL OF THAT TRACT OR PARCEL OF LAND LOCATED IN SHALLOTTE TOWNSHIP, TOWN OF OCEAN ISLE, BRUNSWICK COUNTY, STATE OF NORTH CAROLINA BEING A PORTION OF PARCEL A AS SHOWN ON THAT CERTAIN PLAT RECORDED IN MAP CABINET 102 AT PAGE 68 IN BRUNSWICK COUNTY REGISTER OF DEEDS. SAID PARCEL OF LAND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: POINT OF BEGINNING BEING S 0804741' E A DISTANCE OF 450.13' FROM IRON ROD SET IN THE WESTERN BOUNDARY OF SAID PARCEL A, BEING THE LANDS OF OWE TIMBER, LLC RECORDED IN DEED BOOK 3840AT PAGE 507, IN BRUNSWICK COUNTY REGISTER OF DEEDS; AND BEING ON THE SOUTHERN RIGHT OF WAY LINE OF BEACH DRIVE (SR#179); ALSO KNOWN AS THE POINT OF COMMENCEMENT. THENCE FROM SAID POINT OF BEGINNING, N 78'18'4r E A DISTANCE OF 110.96' TO A COMPUTED POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 76.30, WITH A RADIUS OF MOO', WITH A DELTA OF 36'27'33", TO A COMPUTED POINT; THENCE S 65'13'45" E A DISTANCE OF 2729 TO A COMPUTED POINT; THENCE S 11'33'18" E A DISTANCE OF 101.92' TO A COMPUTED POINT ON THE CENTERLINE OF A BRANCH. SAID BOUNDARYTHENCE FOLLOWING THE CENTERLINE WESTERLY 207.14 FEET MORE OR LESS TO AN IRON ROD SET. THE CENTERLINE BEING MATHEMATICALLY COMPUTED WITH THE FOLLOWING TWO (2) CALLS; THENCE S 79.45'S7" W A DISTANCE OF 66.92' TO A COMPUTED POINT IN THE BRANCH CENTERLINE; THENCE S 74'06W W A DISTANCE OF 140.22' TO AN IRON ROD SET; THENCE N 10'37'SY W A DISTANCE OF 150.23' TO A COMPUTED POINT; WHICH IS THE P01NT OF BEGINNING HAVING AN AREA OF 29,999 S0, FT. OR 0.689 ACRES, MORE OR LESS. - 8 - IIIIIIIIIIIIIIIIIIII IIlldIIIIIIIIII F�y59lmm op Beunerick CeunlY. NC Register of Deeds Page 9 of 12 OUTPARCEL i OCEAN ISLE BRUNSWICK COUNTY, NC BEING ALL OF THATTRACT OR PARCEL OF LAND LOCATED IN SHALLO M TOWNSHIP, TOWN OF OCEAN ISLE, BRUNSWICK COUNTY, STATE OF NORTH CAROLINA BEING A PORTION OF PARCEL A AS SHOWN ON THAT CERTAIN PLAT RECORDED IN MAP CABINET 102 AT PAGE 68 IN BRUNSWICK COUNTY REGISTER OF DEEDS: SAID PARCELOF LAND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: POINT OF BEGINNING BEING S 09'22Y7" W A DISTANCE OF S29.A4' FROM NOES MONUMENT "LSLEPORT; AND BEING ON THE SOUTHERN RIGHT OF WAY LINE OF BEACH DRIVE (SR#179r THENCE FROM SAID POINT OF BEGINNING, ALONG SAD FIGHT OF WAY NORTH 54-Wl T EAST A DISTANCE OF 138.49 FEET TO AN IRON ROD SET THENCE SOUTH 34'5VA" EAST A DISTANCE OF 173.94 FEET TO AN IRON ROD SET, THIENCE ALONG A CURVE TO THE RIGHT HAVING A RAMS OF 19.00 FEET A DISTANCE OF 29.85 FEET, SAID POINT LOCATED SOUTH 10'0ne WEST A DISTANCE OF XX FEET FROM THE PFMYIOUS POINT; THENCE SOUTH 55'W W WEST A DISTANCE OF 204.52 FEET TO AN IRON ROD SET; THENCE NORTH 10.54W WEST A DISTANCE OF 209.69 FEET TO A PONT, WHICH IS THE POINT OF BEGINNING. HAVING AN AREA OF 34.704 SQUARE FEET, 0.797 ACRES MORE OR LESS. IIIII III II II I I II INII I IIIII I III III III a nd11a ^V� �mons Z3'PROP Brunswick County, NC Register of Deeds page 10 of 12 EXFIIBIT D COMMERCIAL PARCEL A3 MAP CABINET 102 AT PAGE 68 OCEAN ISLE BRUNSWICK COUNTY, NC BEING ALL OF THAT TRACT OR PARCEL OF LAND LOCATED IN SHALLOTTE TOWNSHIP, TOWN OF OCEAN ISLE, BRUNSWICK COUNTY, STATE OF NORTH CAROLINA BEING A PORTION OF PARCEL A AS SHOWN ON THAT CERTAIN PLAT RECORDED IN MAP CABINET 102 AT PAGE 68 IN BRUNSWICK COUNTY REGISTER OF DEEDS. SAID PARCEL OF LAND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: POINT OF BEGINNING BEING S 54'38'11" W A DISTANCE OF 624.6W FROM THE NORTHEASTERN PROPERTY CORNER OF PARCEL A, AND BEING ON THE SOUTHERN RIGHT OF WAY LINE OF BEACH DRIVE (SR#179}; THENCE FROM SAID POINT OF BEGINNING, SOUTH 35'21'33" EAST ALONG THE DIVIDING LINE OF COMMERCIAL PARCEL 3 & 4, A DISTANCE OF 245A2 FEET TO AN IRON ROD; THENCE SOUTH 34'S078' EAST A DISTANCE OF 50.00 FEET TO AN IRON ROD: THENCE SOUTH 5500934" WEST A DISTANCE OF 180.12 FEET TO AN IRON ROD; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET A DISTANCE OF 39.27 FEET; SAID POINT LOCATED NORTH 79'50'Y6' WEST A DISTANCE OF 35.36 FEET FROM THE PREVIOUS POINT: THENCE NORTH 34'50'26" WEST A DISTANCE OF 24&79 FEET TO AN IRON ROD: THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEETA DISTANCE OF 39.04 FEET: SAID POINT LOCATED NORTH 09.53'S3" EAST A DISTANCE OF 35.19 FEET FROM THE PREVIOUS POINT; THENCE ALONG SAID RIGHT OF WAY, NORTH 54*38'11"EAST A DISTANCE OF 178.14 FEET TO A POINT; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 59,070 SQUARE FEET, 1.374 ACRES MORE OR LESS. - 10 - IIIIIIt��III�IIII�III��I�I��II��II Brenda 17�C� ��'�?PR P Brunswick County, NC Rapaster of Deeds Pape 11 of 12 EXHIBIT E i COMMERCIAL PARCEL #4 OCEAN ISLE BRUNSWICK COUNTY, NC BEING ALL OF THATTRACT OR PARCEL OF LAND LOCATED IN SHAUVM TOWNSHIP, TOWN OF OCEAN ISLE, BRUNSWICK COUNTY, STATE OF NORTH CAROLINA BEING A PORTION OF PARCELA AS SHOWN ON THAT CERTAIN PLAT RECORDED IN MAP CABINET 102 AT PAGE 68 IN BRUNSWICK COUNTY REGISTER OF DEEDS. SAID PARCEL OF LAND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: POINT OF BEGINNING BEING S 54'3 I VW A DISTANCE OF 624.66' FROM THE NORTHEASTERN PROPERTY CORNER OF PARCEL A, AND BEING ON THE SOUTHERN RIGHT OF WAY LINE OF BEACH DRIVE (SR#1179), THENCE ALONG SAID RIGHT OF WAY, NORTH 64*38'11• EAST A DISTANCE OF 20&98 FEET TO AN IRON ROD; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET A DISTANCE OF 39.27 FEET; SAS POINT LOCATED SOUTH 80021'4V EAST A DISTANCE OF 35.38 FEET FROM THE PREVIOUS POINT; THENCE SOUTH W2149' EAST A DISTANCE OF W-18 FEET TO AN IRON ROD, THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 80.00 FEETA DISTANCE OF 35.34 FEET; SAID POINT LOCATED SOUTH 22.427V EAST A DISTANCE OF 3&05 FEET FROM THE PREVIOUS POINT, THENCE SOUTH 10°03'10' EAST A DISTANCE OF 190.91 FEET TO AN IRON ROD; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 22.00 FEET A DISTANCE OF 28.04 FEET; SAM POINT LOCATED SOUTH 22'33'12" WEST A DISTANCE OF 23.71 FEET FROM THE PREVIOUS POINT, THENCE SOUTH 55'09'340 WEST A DISTANCE OF 12&07 FEET TO AN IRON ROD. THENCE NORTH 34*60260 WEST A DISTANCE OF 50.00 FEET TO AN IRON ROD; THENCE NORTH 35*21 W WEST ALONG THE DIVIDING LINE OF COMMERCIAL PARCEL 3 A 4, A DISTANCE OF 245.42 FEET TO AN IRON ROD; A DISTANCE OF 245A2 FEET TO A POINT; WHICH IS THE POINT OF BEGINNING, HAVING AN AREA OF 59,550 SQUARE FEET,1.387 ACRES MORE OR LESS. 11 II I Illl I II 11 I II I II III I iI In II II III III 84zss P��s2 as' z3'P�p 9runsuiek County, NC Register of Deeds page 12 of 12 EXHYBIT F COMMERGALPARCEL115 MAP CABINET 102 AT PAGE 66 OCEAN ISLE BRUNSWICK COUNTY, NC BEING ALL OF THATTRACT OR PARCEL OF LAND LOCATED IN SHAUOTTE TOWNSHIP, TOWN OF OCEAN ISLE, SRUNSWICK COUNTY, STATE OF NORTH CAROLINA BEING ALL OF COMMERCIAL PARCEL IS AS SHOWN ON THAT CERTAIN PLAT RECORDED IN MAP CABINET 102 AT PAGE 68 IN BRUNSWICK COUNTY REGISTER OF DEEDS SAID PARCEL OF LAND BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: POINT OF BEGINNING BONG S 54'391' W A DISTANCE OF 149 3e FROM IRON ROD FOUND ON THE INTERSECTION OF EMTiTA DRIVE (S.R.1274) AND BEACH DRIVE (S.R.179), AND BEING THE NORTHERN LINE OF THE LANDS OF MIDD DILLY INC. AS RECORDED IN DEED BOOK 636 AT PAGE 383, THENCE FROM SAID POINT OF BEGIRMNG, SOUTH 10WI(IF EAST A DISTANCE OF 491349 FEETTO AN IRON ROD, THENCE SOUTH 79'S6W WEST A DISTANCE OF 247.94 FEETTO AN IRON ROD; THENCE NORTH 80 U Sr WEST A DISTANCE OF 30.00 FEET TO AN IRON ROD ON THE EASTERN LINE OF THE COMMERCIAL EASEMENT AREA AS SHOWN ON SAID MAP, THENCE WITH SAID UNE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 62.00 FEET A DISTANCE OF 2L43 FEEPSAID POINT LOCATED NORTH OD'09W WEST A DISTANCE OF 21.32 FEET FROM THE PREVIOUS Pow, THEM NORTH 1OWW WESTA DISTANCE OF 190.91 FEETTO AN IRON ROD, THENCE ALONG A CURVE TO THE LEFT HAYING A RADICES OF 120.00 FEET A DISTANCE OF S3.01 FEET; SAID POINT LOCATED NORTH 22.4r2r WEST A DISTANCE OF 52.S8 FEET FROM THE PREVIOUS POINT, THENCE NORTH 35'21'4r WEST A DISTANCE OF S2.18 FEET TO AN IRON ROD, THENCE ALONG A CURVE TO THE RWHIT HAVING A RADIUS OF 25.00 FEET A DISTANCE OF 39.27 FEET; SAID POINT LOCATED NOITIH 09'Mle EAST A DISTANCE OF 3S.36 FEET FROM THE PREVIOUS POINT, THENCE ALONG THE SOUTHERN RIGHT OF WAY OF SAID GEACH DRIVE, NORTH 54'38'lr EAST A DISTANCE OF 325.69 FEET TO AN IRON ROD WHICH SINE POINT OF BEGINNING. HAVWG AN AREA OF 119,208 SQUARE FEET, 2.73 ACRES MORE OR LESS. 12 - U_A `wGa ROY COOPER Governor MICHAEL S. REGAN Secretory & DANIEL SMITH NORTH CAROLINA Director Environmental Quality January 28, 2020 Via email only: bbrown0halpernentcom Halpern Enterprises, Inc. (Current Permittee) Halpern Ocean Isle, LLC (Proposed Permittee) Attn: Mr. William Brown, Jr. 5200 Roswell Road NE Atlanta, GA 30342 Subject: Request for Additional Information Stormwater Project No. SW8 161204 Ocean Isle Beach Market Place Brunswick County Dear Mr. Brown: The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application for the subject project on November 12, 2018. You had previously worked with my co- worker, Linda Lewis. She has retired and I have been asked to finish this up. The most recent response was from August 23, 2019. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. To continue the review, please provide the following additional information in a single. hard copy submittal package: Plan of Action: Since this is a matter of transferring between two companies that are managed by the same individual, I propose that we transfer the permit under a Plan of Action. Please read through the enclosed historical summary of the file where I believe I have documented the previous discussions you had with Linda Lewis. The enclosed Plan of Action contains the list of what I believe to be the items that need to be resolved to bring the project into compliance. If you are in agreement, please sign and return the Plan of Action indicating that you will complete these items once the permit is transferred. I have proposed a completion date of April 15, 2020 which should get you into the growing season. If you need an alternate date, please contact me to discuss. Please remember to confirm that any revised information is presented consistently throughout the application documents including calculations, supplements, narrative, and plans. Please also remember to provide two hard copies of any updated documents per 15A NCAC 02H.1042 (2). All of the requested information listed above should be received in this Office by February 12, 2020 or the application will be returned as incomplete. If additional time is needed to submit the requested information, please email your extension request prior to this due date to the email address provided below with a justification and a date of when the requested information will be submitted, which shall be no later than 15 days past the original due date. Please note that only two letters requesting additional information is allowed in the State Stormwater Program for a total of 30 days to submit the requested additional information. If the information is not satisfactorily provided after either the second request or 30 days, the project will be returned. If the project is returned and you wish to re -submit later, you will need to resubmit all required items at that time, including the application fee. QE North Carolina Department of Environmental Quality I Division of Energy, Nnerai and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAFKXM °�°" a°A_Wd0-'r' 910.796.7215 The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Sincerely, 5� P Kelly Johnson Environmental Engineer GDS/kpj: \\\Stormwater\Permits & Projects\2016\161204 HD\2020 01 addinfo 161204 cc: Tim Clinkscales, PE, PLS; via email: tclinkscales@paramounte-eng.com Wilmington Regional Office Stormwater File Plan of Action and Schedule Halyern Enterprises, Inc. has applied for a State Stormwater Permit Transfer for SW8 160214 which covers Ocean Isle Beach Market Place. The compliance inspection by the Division of Energy, Mineral, and Land Resources (DEMLR) identified that the following non -compliant items. As the incomin permittee, I understand that I will be transferred anon-c liant permit, and I agree to resolve these items to bring the project into compliance by A ril 1� 020. The following maintenance will be completed: 1. Deed Restrictions: The BUA limits for the outparcels have not been recorded. 2. Wet Pond Maintenance: The slope of one of the forebays in the wet pond is eroding needs to be repaired. 3. Infiltration Basin Slope: The back slope of Infiltration Basin 42 is failing and needs to be repaired. 4. Infiltration Basin Drawdown: Infiltration Basin #2 is holding water and is not drawing down within 5 days. ' �ar Potential Modification: l . It is unknown if the area referred to as "Salt Water Ponds" was covered by SW8 160204 when the permit was first issued in 2017. If that area has been removed from SW8 160204 and covered by its own independent permit, then SW8 160204 needs to be modified to reflect its current configuration. 2. If "Salt Water Ponds" was not removed from SW8 160204, then please indicate that when you respond on April 15, 2020. Once the permit is subdivided to show the various onsite tracts, the owners of those tracts will need to apply for offsite permits to drain to your system. DATE William Brown, Jr ,; Halpern Ocean Isle, LLC bbrown@halpernent.com 770.508.3319 IF E A 21Q.3 BY: . SW8 161204 — Ocean Isle Beach Market Place — Project History 1. January 17, 2017: Permit issued to Halpern Enterprises, Inc. The project is located within a half mile of SA waters, and has two systems. The wet pond has been designed with a secondary SCM (an infiltration basin). There is also an alternative design infiltration basin. 2. October 22, 2018: The project was certified with one deviation; the outparcels had not been constructed. 3. November 12, 2018: A permit transfer application was submitted to transfer the permit from Halpern Enterprises, Inc. to Halpern Ocean Isle, LLC. William Brown, Jr. is the President of both companies, and has indicated on the application that the incoming permittee will take over the permit and be responsible for any items that need to be addressed. 4. December 19, 2018: The project was inspected. 5. January 10, 2019: The inspection letter was mailed. The items to be addressed included: a. Deed Restrictions: The BUA limits for the outparcels have not been recorded. b. Wet Pond Maintenance: The slope of one of the forebays in the wet pond is eroding and needs to be repaired. c. Infiltration Basin Slope: The back slope of Infiltration Basin #2 is failing and needs to be repaired. d. Infiltration Basin Drawdown: Infiltration Basin #2 is holding water and is not drawing down within 5 days. e. Permit Transfer: The recorded Easements, Covenants and Restrictions Agreement indicates that the property owner is Halpern Ocean Isle, LLC. If that is the case, the permit must be transferred to that entity. 6. January 29-30, 2019: A request for additional information was sent. (The date of the request was 1/30/19, but it appears to be referenced in future correspondence as having been sent on 1/29/19.): a. In reviewing the information, I see that the DWE Timber LLC Tract (Parcel B on the map recorded in MB 99 at Page 69-70) has been sold to OIB Development LLC (October 3, 2018). Since DWE Timber LLC was the property owner referenced in the SW8 161204 permit, DWE will also need to sign off on the permit transfer application as a current permittee / property owner and OIB Development, LLC needs to sign off as a proposed permittee / property owner. b. Alternatively, the SW8 161204 permit can be modified to remove Parcel B and the infiltration basin from the permit, and OIB Development, LLC can apply for their own permit which includes the infiltration basin or some other suitable means of treating runoff. 7. February 11, 2019: Linda Lewis sent an email to follow up on previous correspondence. The following items were due on March 1, 2019: a. January 101 Email: No response to the following items from 1/10/19: i. Deed Restrictions: The BUA limits for the outparcels have not been recorded. ii. Wet Pond Maintenance: The slope of one of the forebays in the wet pond is eroding and needs to be repaired. iii. Infiltration Basin Slope: The back slope of Infiltration Basin #2 is failing and needs to be repaired. iv. Infiltration Basin Drawdown: Infiltration Basin #2 is holding water and is not drawing down within 5 days. b. January 2911' Email: She lists the following options for obtaining the correct signatures for various permitting scenarios: i. Secretary of State: William Brown, Jr. needs to be listed as the Manager of Halypern Enterprises, Inc. and President of Halpern Ocean Isle, LLC on the annual reports filed with the NC Secretary of State. ii. Letter of Authorization: Jack Halpern or Alisa Loften need to submit a letter authorizing William Brown, Jr. to sign the transfer application on behalf of the current and proposed permittee, Halpern Ocean Isle, LLC. iii. New Transfer Application: Submit a new transfer application signed by Jack Halpern or Alisa Loften representing both the current permittee corporate entity and the proposed permittee corporate entity. c. Other: The email says that OIB Development, LLC was going to get their own permit for Salt Water Palms, and there is an easement agreement in place. That entity would not need to use any of the currently approved SCMs to treat their runoff, and they no longer need to be on the SW8 161204 permit. Linda indicates that we no longer need their signature on the application. (Ask, does this mean they were going to modify SW8161204 permit to remove a tract that had previously been included?) 8. August 23, 2019: A response was received: a. Deed Restrictions: The permittee indicates that the deed restrictions have been drafted and a copy will be submitted when they are recorded. b. Wet Pond Maintenance: The permittee indicates that the pond has been repaired. c. Infiltration Basin Slope: The permittee indicates that the basin has been repaired. d. Infiltration Basin Drawdown: The permittee indicates that the hole was dug too deep and that they are working on getting that resolved. e. New Transfer Application: The permit is being transferred to the owner. L 1/24/20 Update on Signature Authority: 1. Current Permittee, Halpern Enterprises: William Brown, Jr. is now shown as President and has signed the application. 2. Proposed Permittee, Halpern Ocean Isle: William Brown, Jr. is now shown as President and has signed the application. 9. January 24, 2020: Kelly Johnson has been assigned to review the file following Linda Lewis' retirement. a. The following items appear to be unresolved: L Deed Restrictions: The permittee indicates that the deed restrictions have been drafted and a copy will be submitted when they are recorded. ii. Wet Pond Maintenance: The permittee indicates that the pond has been repaired. iii. Infiltration Basin Slope: The permittee indicates that the basin has been repaired. iv. Infiltration Basin Drawdown: The permittee indicates that the hole was dug too deep and that they are working on getting that resolved. b. The following is unknown: It is unknown if the area referred to as "Salt Water Ponds" was covered by SW8 160204 when the permit was first issued in 2017. If that area has been removed from SW8 160204 and covered by its own independent permit, then SW8 160204 needs to be modified to reflect its current configuration. c. Path Forward: Since William Brown, Jr. is responsible for both the outgoing permittee/company and the proposed permittee/company, please sign the enclosed Plan of Action. This document lists the unresolved items. By signing the form, you can transfer the permit to the proposed permittee and take care of the necessary items once you are running the project as the proposed permittee. Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, January 28, 2020 10:16 AM To: bbrown@halpernent.com Cc: tclinkscales@paramounte-eng.com Subject: Ocean Isle Beach Market Place - State Stormwater (SW8 161204) Attachments: 2020 01 addinfo 161204.dooiG 2020 01 history 161204.docx; 2020 01 Plan of Action 160204.docx Mr. Brown, You had previously been working with my coworker, Linda Lewis, but she has retired and I have been asked to finish this up. Please see the attached letter. Thanks, Kelly K.e���johltisovw Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7343 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. Mail - linda.lewis@ncdenr.gov Page 1 of 6 Re: [External] RE:. SW8 161204 Ocean Isle Beach Market Place - REVISED Lewis,Linda Fri 8/23/2019 3:20 P%1 1o:Bill Brown <BBrovr,i@halper:ient.com>; Scott Cooke (scooke@ jbinc.com) ,scookei_MIjbinc.com>; Dara Tabb <DTabb@halperient.cccn>; Lisa Loften <LLoften@halpernent.com>; cc:Scott, Georgette <geo~gette.scc_L@ncd-nr.gov>; Thank you for your response. A copy of this email and the draft letter will be placed into the file. Linda From: Bill Brown <BBrown@halpernent.com> Sent: Friday, August 23, 2019 3:14:54 PM To: Lewis,Linda <linda.lewis@ncdenr.gov>; Scott Cooke (scooke@ljbinc.com) <scooke@ljbinc.com>; Dara Tabb <DTabb@halpernent.com>; Lisa Loften <LLoften@halpernent.com> Cc: Scott, Georgette <georgette.scott@ncdenr.gov> Subject: RE: [External] RE: SW8 161204 Ocean Isle Beach Market Place - REVISED CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.eov Ms. Lewis, Per our conversation of this afternoon attached is a draft response to your email of this week. We will work diligently to complete any and all open items. We will be back in touch very soon. Thanks very much, Bill Brown O: 770.508.3317 C: 404.386.8494 From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Tuesday, August 20, 2019 9:06 AM To: Tim Clinkscales <tclinkscales@paramounte-eng.com>; Bill Brown <BBrown@halpernent.com>; Dan Fisk (dfisk@paramounte-eng.com) <dfisk@paramounte-eng.com> Cc: Scott, Georgette <georgette.scott@rcdenr.gov> Subject: FW: [External] RE: SW8 161204 Ocean Isie Beach Market Place - REVISED All: The email below was sent on February 11, 2019, but no response has been received. If a response is not provided by August 27, 2019, the transfer application will be returned as https://outlook.office365.com/owa/?realm=nc.gov&path=/mail/sentitems 8/23/2019 August 23, 2019 Linda Lewis, E.I. Environmental Engineer III Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 DRAFT Re: SW8 161204 Ocean Isle Beach Market Place —January 10, 2019 and January 29, 2019 Letter Responses Ms. Lewis: Below are your requests and our responses from project manager, Scott Cooke, to your January 10, 2019 letter: ➢ (1) The BUA Limites for the outparcels have not been recorded. For Item 1 of the January 10, 2019 letter from'Ms. Lewis. The allowable Built -Upon -Area of the State Stormwater Management Permit No. SW8 161204 for the Ocean Isle Beach Marketplace stated specific impervious square footages that were permitted on each outparcel lot. This information is found in section 6 of the subject permit and a copy is attached for your reference. The permit requires this information to be recorded as deed restrictions in the covenants for the development. These restrictions for the stormwater cannot be altered without the permission of NCDENR. A copy of the recorded Deed Restrictions must be submitted to NCDENR and include the information provided in section 7 of the permit. The permitted impervious square footages for the outparcels are as follows: o Outparcel #123,998 ft^2 o Outparcel #2 27,763 ft^2 o Outparcel #3 47,896 ft^2 o Outparcel #4 47,640 ft^2 o Outparcel #5 95,367 ft^2 When the Covenants are recorded with the required information. per the permit, and a copy submitted to NCDENR, item 1 of the January 10, 2019 letter will be addressed. An Amendment to the Declaration with Publix a party to it, is being drafted so that it may be recorded against the property and a copy provided to NCDENR ➢ (2) The slope of one of the forebays in the wet pond is eroding and needs to be repaired. ➢ (3)The back slope of Infiltration Basin #2 is failing and needs to be repaired. • Attached a copy of the Sedimentation/Construction Stormwater Inspection Report dated May 31, 2019, which states that the site is in compliance and that multiple repairs nave been made to the stosrmwater ponds. This will address items 2 & 3 of the January 10, 2019 letter that Ms. Lewis sent. ➢ (4) Infiltration basin #2 is holding water and is not drawing down within 5 days. • For item 4 of the Letter dated January 10, 2019, it can be stated that the pond was dug too deep in the field per the design. The owners are curren-dy working diligently to have the pond function per the design requirements of the permit. (5) The recorded easements, covenants and restrictions agreement indicates that the property owner is Halpern Ocean Isle, LLC. If that is the case, the permit must be transferred to that entity. For item 5, transfer the permit from Halpern Enterprises, Inc. to Halpern Ocean Isle, LLC and this will address this concern. The January 29, 2019 email requesting additional information for the transfer: 1. Update the Company Officials listed on the annual reports to support Mr. Brown's title as the current manager of Halpern Enterprises, Inc. and as president of Halpern Ocean Isle, LLC. For item 1, William D Brown Jr is President of both entities and the transfer documents for the permit from Halpern Enterprises, Inc. to Halpern Ocean Isle, LLC will show this to be the case. 2. Provide a letter signed by Jack Halpern or Alisa Loften authorizing Mr. Brown to sign the transfer application on behalf of both the current permittee and the proposed permittee, Halpern Ocean Isle, LLC. For item 2, yeas this will be provided 3. Submit a new transfer application signed by Jack Halpern or Alisa Loften representing both the current permittee corporate entity and the proposed permittee corporate entity. For item 2, yes this will be provided I hope this addresses your concerns. We will work to complete all of the above diligently. Please call or email with any questions or concerns. Sincerely, William D. Brown Jr Lewis,Linda From: Lewis,Linda Sent: Tuesday, August 20, 2019 9:06 AM To: Tim Clinkscales; bbrown@halpernent.com; Dan Fisk (dfisk@paramounte-eng.com) Cc: Scott, Georgette Subject: FW: [External] RE: SW8 161204 Ocean Isle Beach Market Place - REVISED All: The email below was sent on February 11, 2019, but no response has been received. If a response is not provided by August 27, 2019, the transfer application will be returned as incomplete, and a review of the Brunswick County GIS will be performed to determine ownership and to determine if the new owner is operating without a permit. Thank you for your prompt attention to this matter. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(cD-ncdenr_gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Er?h; *! cor-espcndence to and from ::`pis address is subject to ;he ol-,rri Caioiina P4b!ic Rec,: rds La,.v ai?a may ce disciosed to third parties. From: Lewis,Linda Sent: Monday, February 11, 2019 3:10 PM To:'Tim Clinkscales' <tclinkscales@paramounte-eng.com>; bbrown@halpernent.com; Dan Fisk (dfisk@paramounte- eng.com) <dfisk@paramounte-eng.com> Cc: Jessica Vamvakias <jv@loganhomes. com>; asmith@loganhomes.com; Hall, Christine <Christine.Hall@ncdenr.gov> Subject: RE: [External] RE: SW8 161204 Ocean Isle Beach Market Place - REVISED Please note that I am waiting on 2 different letters to be addressed: January 10, 2019 Inspection Report conducted in response to a citizen compliant about flooding and a lack of maintenance. A response was due by February 10, 2019: 1. 1 haven't received any reply to the remaining items 1, 2, 3 and 4 listed in the January 10 2019 inspection report. What is the status of the repair work for the infiltration basin? Hall, Christine From: Hall, Christine Sent: Wednesday, October 31, 2018 11:17 AM To: 'Tim Clinkscales' Cc: Weaver, Cameron; Scott, Georgette; 'Jeff Keeter; Jessica Vamvakias Ov@loganhomes.com); Andrew Smith Subject: RE: [External] RE: Saltwater Palms express request Tim, The permittee of record for SW8 161204 is Halpern Enterprises Inc. However, the project area covered by SW8161204 is now owned by Halpern Ocean Isle, LLC and it is this entity that is listed in the proposed easement and the one who recorded the previously provided Easements, Covenants, and Restrictions Agreement. A review of the NC Secretary of State shows that Halpern Ocean Isle, LLC is a separate entity from Halpern Enterprises Inc. As noted in Item 1 below, the permit will need to be transferred from Halpern Enterprises Inc. to Halpern Ocean Isle, LLC before any express modifications or submittals can be scheduled. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 N. C1. `—Nol.hOng Ompam-, E ; i' corresnoncErr'e to and n rrt tits address is subject io u1 ; ` ^tTh (_'?fi:ll is Pubtic Pecri —!s La,'.' 3 id rl?3,,,7 ? c;iFE;1riaed to th`Td(:'£;"?B.S. From: Tim Clinkscales <tclinkscales@paramounte-eng.com> Sent: Tuesday, October 30, 2018 1:37 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov>; Scott, Georgette<georgette.scott@ncdenr.gov>;'Jeff Keeter' <jpkeeter@bcklawfirm.com>; Jessica Vamvakias av@loganhomes.com) <jv@loganhomes.com>; Andrew Smith <asmith@loganhomes.com> Subject: RE: [External] RE: Saltwater Palms express request CAUTION am. Christine We are going under #1, here is the agreement, all we are looking to do again is set up the express meeting. Can we please get a date for the review based on this Thanks Tim Clinkscales PE, PLS PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.t)aramounte-eng.com From: Hall, Christine <Christine.Hall @ncdenr.gQ-.> Sent: Friday, October 5, 2018 11:30 AM To: Tim Clinkscales<tclinkscales@paramounte-enf;,_com> Cc: Weaver, Cameron <cameroo.weaver@ncderir. = !y>; Scott, Georgette <georpe.te.scott@ncdenr.gov>; 'Jeff Keeter' <jpkeeterPbcklawfirm.com>; Jessica Vamvakias Qv I-ganhg Lies.com) <jy2loganh,_2mes.com>; Andrew Smith <asmith.ar~, log_anhorne ,�_com> Subject: RE: [External] RE: Saltwater Palms express request Tim, The review timeframe in the Express program is very short. To ensure projects can be reviewed and approved within the designated time frame, we must confirm that projects will not impact or place another project out of compliance with their permit. The exception is if the project that is impacted is also submitted to the Express program at the same time to resolve any overlap or interaction between the two. This keeps the program running efficiently to serve as many customers as possible. Based on SW8 161204 and the documents provided so far, there is an impact between these two projects and parcels. Both the access road and infiltration basin serving drainage area 2 permitted under SW8 161204 are within the parcel / property area of the proposed Saltwater Palms. SW8 161204 will need a minor modification to document one of the following two scenarios: • Incorporate a recorded agreement that specifically addresses the e ntity/pe rm itte e responsible for the access road and infiltration basin serving drainage area 2 as well as document the access and drainage easement over the infiltration basin. In this scenario, since Halpern Ocean Isle, LLC now owns the parcel permitted under SW8 161204 and this entity entered into the provided recorded agreement, SW8 161204 will need to be transferred before the modification or new permit is submitted. Transfers can only be submitted to the regular program. • Or, if it is not desired for the permittee of SW8 161204 to maintain these two features, remove the infiltration basin and road area from SW8 161204 to incorporate into the proposed application for Saltwater Palms. In this scenario, Halpern Enterprises, Inc may elect to sign the minor modification so it can be submitted to the express program along with the transfer paperwork to be logged into the regular program after the minor modification is approved. Please let me know if you have more questions or concerns. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall(a)ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 n.,* AMENDED BUSINESS CORPORATION ANNUAL RX-PORT 1m.,.0; NAME OF BUSINESS CQRPO AT;.ON: Halpern Enterprises, erprises, TnC. SECRETARY OF STATE ID NUS 1549M STATE OF FQR?4ATfON' GA �E -1=i�d Annueii Rep�o�t 11��1.'2��8 ti�l8$T REPORT FOR THE FISCAL YEAR END: CA201OD300M SECTION A. REGISTERED AGENT`S INFORMATION 1. NAME OF REGISTERED AGENT:. Corporation Service Company 2. SIGNATUW OF THE NEW REGISTERED AGENT: SIt3F3 UREvOWITUTESCONSENTTOTHEAPPOINTWNT 3, REGISTERED OFFICE STREET ADDRESS& COU#TY 4. REGISTERED OFFICE MAILING ADDRESS 2626 Glenwood Avenue, 2626 Glenwood Avenue„ Shiite 550 Raleigh, 27 Wake C u valet , NG 27608 1, WWRIP'"ON OF NATURE OF NESS: Comtmerefid item Estate 2. PRINWAL OFFICE PHONE NUMBER: (- 7o) 4514a1 e x 4. PRINCIPAL, OFFICE STREET ADDRESS & COUNTY 5200 Rill lid 3. PRIhICIPAL OFFICE II511lo L. Priyacy Redaction & PRINCIPAL OFFICE MAILING ADDRESS I f ° s ° + m.s Sandy Springs, GA 30342-1915 Sandy Springs, Get 303421915 III. Select Qnta of the f+biWWmg N applicable. (Optional ses b n ior&) The .company IS a: veteran -owned Malt business FIThe company is a service -disabled veteran -awned small business SECTION C: OFFICERS (Enter addliiorta` of cem n motion E? NAME: Jack l i Hatpe__._._.._ TITLE: Chairman $200 Roswell Road ;Atlanta, GA 30342 NAME. C. ArIsa Loften NAME. Alien D Brown Jr. TITLE: Chits Financial Officer TITLE: President 5200 Roswell Road Atlanta, CA 30342 ADDRESS' 5122 Sapphire Drive MarieU GA 30068 SECTS D: CE"PZAT L REPMT. Sgdcn p mot be complded in its entirety by a. persork sin AIisa Loften 81"ATL)RE Form nut be Sig ood by an oil Uted under Seckm G of this fem C. Alisa Loften Prim or Type Mom of Offs 1 /30/20 19 DATE Chief Financial Officer F'tint or Typp Tide of Ofrxw TKS Aph W Rai= hae beet led tY. MA L TO, Seuete y or Swo, Bushes RegtOatian extftom PW tYtwe Box 29625 Rt'aietgh, NC 2M&0 f�6 AMENDED LIMITED LIABILITY COMPANY ANNUAL REPORT 10/2017 r NAME OF LIMITED LIABILITY COMPANY: Halpern Ocean Isle, LLC Filing Office Use Only SECRETARY OF STATE ID NUMBER: 1600574 STATE OF FORMATION: GA E - Filed Annual Report 1600574 REPORT FOR THE CALENDAR YEAR: 2019 C29/201 05:16 1 1/29/2019 05:16 SECTION A: REGISTERED AGENT'S INFORMATION Changes 1. NAME OF REGISTERED AGENT: Corporation Service Company 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 2626 Glenwood Ave Ste 550 2626 Glenwood Ave Ste 550 Raleigh, NC 27608 Wake County Raleigh, NC 27608 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Commercial Real Estate 2. PRINCIPAL OFFICE PHONE NUMBER: (770) 451-0316 x 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 5200 Roswell Road 5200 Roswell Road Sandy Springs, GA 30342 Sandy Springs, GA 30342 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: Jack N Halpern NAME: C. Alisa Loften TITLE: Chairman TITLE: Chief Financial Officer ADDRESS: 5200 Roswell Road Atlanta, GA 30342 ADDRESS: 5200 Roswell Road Atlanta, GA 30342 NAME: William D. Brown Jr TITLE: President ADDRESS: 5122 Sapphire Drive Marietta, GA 30068 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. C. Alisa Loften SIGNATURE Form must be signed by a Company Official listed under Section C of This form. 1 /29/2019 DATE C. Alisa Loften Chief Financial Officer Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 11111111 Jill 11111111111111111 Jill III BOOK:4135 PAGE:1 1Z;13j2U18 E 1419:-4.000 Brenda M. Clemmons Brunswick County Register of Deeds Page 1 of 9 Prepared by: Harrison B. Freedland Block, Crouch, Keeter, Behm & Sayed, LLP 310 N. Front Street Wilmington, NC 28401 STORM WATER DISCHARGE EASEMENT AGREEMENT THIS STORM WATER DISCHARGE EASEMENT AGREEMENT (this "Agreement") is made this the 1 D' `day of Qr.cc,r,bu- , 2018 by and between OIB Development, LLC, a North Carolina limited liability company with a principal office address of 60 Gregory Road NE, Suite 1, Belville, NC 28451 ("OIB"), and Halpern Ocean Isle, LLC, a Georgia limited liability company with a principal office address of 5200 Roswell Road, Atlanta, GA 30342 ("Halpern"). RECITALS OIB and Halpern own adjacent parcels of real property located in Brunswick County, North Carolina. OIB owns in fee simple the real property described in the North Carolina General Warranty deed recorded October 3, 2018 in Book 4109 at Page 816 of the Brunswick County Registry (the "OIB Property"). Halpern owns in fee simple the real property described in the North Carolina Special Warranty Deed recorded June 22, 2017 in Book 3923, Page 245, of the Brunswick County Registry (the "Halpern Property"). 2. Halpern is the holder of a perpetual, non-exclusive easement for vehicular and pedestrian ingress and egress for the benefit of the Halpern Property over a portion of Market Place Boulevard located on the OIB Property (the "Access Easement Area"), and more particularly described in Paragraph 2.1(b) of the Easements, Covenants, and Restrictions Agreement recorded June 22, 2017 in Book 3923, Page 2.50, of the Brunswick County Registry (the "Access Easement Agreement"). In connection with the construction, operation, and maintenance of the Halpern Property, Halpern was issued North Carolina State Stormwater Management Permit Number SW8 161204 (the "Stormwater Permit"), which requires the use of an infiltration basin located on the OIB Property and more particularly described on Exhibit A, attached hereto and incorporated by reference herein (hereinafter, the "Easement Area"). Under the Stormwater Permit Halpern has been approved to discharge rates of storm water runoff from the Access Easement Area in amounts not to exceed the maximum rates established Submitted electronically by Block, Crouch, Keeter, Behm Sayed, LLP in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of Deeds. BOOKA135 PAGE:2 14:iceS4.000 E Brenda N1. Clemmons Brunswick County Register of Deeds Page 2of9 by the North Carolina Environmental Management Commission as set forth in the Stormwater Permit. 4. Halpern has requested OIB to grant an easement appurtenant to the Halpern Property, over the Easement Area for the use of the infiltration basin to accommodate the run-off from its property, as approved under, and pursuant to, the provisions of the Stormwater Permit. Halpern and OIB intend this Agreement to act as a supplementation to the Access Easement Agreement. This Agreement is in no way intended to abrogate, modify, rescind, or amend in whole or in part the Access Easement Agreement. 5. OIB intends to assign the rights under this Agreement to a to -be -formed Association of owners of lots to be developed on the OIB tract, and Halpern agrees to such assignment. AGREEMENT 1. Grant of Easement. For and in consideration of the payment of $10.00 and for the mutual promises set forth herein, OIB grants to Halpern, its successors and assigns, a perpetual, non-exclusive easement (the "Easement") in, to, through, and over the Easement Area for the following purposes: a. To operate, use, maintain, repair, and reconstruct the infiltration basin in the Easement Area (hereinafter, the "Infiltration Basin") in accordance with the Stormwater Permit and the Operation and Maintenance Agreement executed December 2, 2016 by William Brown, Jr. on behalf of Halpern Enterprises, Inc.; and b. To discharge storm water runoff originating on the Access Easement Area into the Infiltration Basin in amounts not to exceed historic rates of flow of such storm water runoff or the maximum rates set forth in the Stormwater Permit, from the Access Easement Area onto the Easement Area. Halpern accepts the condition of the Easement Area in its "AS IS" condition ("As -Is Condition"). By entering this Agreement, and subject to the provisions below, Halpern waives and releases OIB, its officers, directors, managers, successors, and assigns, from any liability, obligation, damage, or claim of whatsoever nature relating to the condition of the Easement Area or the OIB Property, whether apparent or hidden. Halpern waives any right to require OIB to maintain the Easement Area in its As -Is Condition except as specifically set forth herein. 2. Limitation on OIB's Use of the Easement Area. OIB shall not construct or place any structure, building, or other surface improvements, whether temporary or permanent, or plant or locate any trees or shrubs on the Easement Area following execution of this Agreement. Notwithstanding the preceding, OIB may construct, install, maintain, repair, and replace, in compliance with applicable governmental requirements, a fence along any II' I I III "'III 1 I I II' I II I I' I'I I II I'II BOOK:413 5 PAGE:3 14'1 54.000 E I Page 3 of 9 Brenda tit. Clemmons. Brunswick County Register of Deeds boundary of the Easement Area on the OIB Property. To the extent not inconsistent with Halpem's use of the Easement Area, OIB may install and maintain grass or other ground cover in the Easement Area. 3. Maintenance. At all times, Halpern shall maintain the Infiltration Basin and the Easement Area in its As -Is Condition and in compliance with all applicable governmental requirements. Halpern shall comply with all applicable requirements and specifications of the Stormwater Permit. All costs of maintenance and similar activities required by this Paragraph 3 shall be borne solely by Halpern, except as set forth in Paragraph 4 below. 4. Restoration of Easement Area & Access Easement Area. OIB agrees that during the development of the OIB Property, it shall use its best efforts to prevent silt, sand, dirt, or other debris from being discharged into the Infiltration Basin and in the Easement Area. Further, OIB shall be obligated to repair any damage to Market Place Boulevard resulting from or caused by its development of the OIB Property, including the extension of any water or sewer lines into the 0113 Property. Upon completion of OIB's development activities OIB shall promptly restore the Easement Area, Infiltration Basin, and Market Place Boulevard to the condition it was in immediately prior to such development activities. 5. Conduct of Halpern. At all times, all actions of Halpern or OIB on or about the Easement Area or in connection with the Easement Area and all activities of Halpern or OIB contemplated by this Agreement shall be taken in full and strict compliance with all governmental requirements. 6. Indemnity. Halpern shall indemnify, defend, and hold harmless 0113 from and against any and all losses, claims, actions, damages, liabilities, penalties, fines, or expenses, of whatsoever nature, including, without limitation, reasonable attorney's fees and costs on account of mechanics' lien claims, injury to persons, the death of any person, or damages to property ("Claims") arising from the use of the Easement Area, the Infiltration Basin, or adjoining areas, or from the discharge of storm water onto the Easement Area or into the Infiltration Basin, or from the storage of storm water in the Infiltration Basin, or the release or discharge of the storm water from the Infiltration Basin, or from any activities contemplated by this Agreement, in each case undertaken by Halpern or any other person claiming by, through, or under Halpern, except to the extent any such Claim results from the wrongful acts or omissions or the negligence, gross negligence or willful and wanton acts of OIB. OIB shall indemnify, defend, and hold harmless Halpern from and against any and all Claims arising from the use of the Easement Area, the Infiltration Basin, or adjoining areas, or from the discharge of storm water onto the Easement Area or into the Infiltration Basin, or from the storage of storm water in the Infiltration Basin, or the release or discharge of the storm water from the Infiltration Basin, or from any activities contemplated by this Agreement, in each case undertaken by OIB or any other person claiming by, through, or under OIB, except to the extent any such Claim results from the III Jill 1 II 111III 1II1IIII III 11111 BOOK:4135 PAGER 14'1 40-00 E Brenda M. Clemmgns. BrunswickCounty Register of Deeds Page 4 of 9 wrongful acts or omissions or the negligence, gross negligence or willful and wanton acts of Halpern. The indemnity set forth in this paragraph shall be effective without regard to compliance or non-compliance with this Agreement by Halpern or OIB. Insurance. Halpern shall, at all times this Agreement is in effect, maintain a policy of general Iiability insurance with respect to the Easement Area, and Halpern's activities upon the OIB Property related to the operation, maintenance, and repair of the Easement Area. The amount of such insurance shall be no less than $1,000,000.00. Such policy shall name OIB as an additional insured. All such policy shall provide that it shall not be amended or terminated except upon at least 30 days' prior written notice to OIB. Within ten days of the request of OIB, Halpern shall provide to OIB on ACORD Form 27 evidence of insurance coverage meeting the requirements of this paragraph. In the event at any time Halpern fails to have in place the insurance coverage required by this paragraph or fails to provide evidence of insurance as required by this paragraph, OIB shall have the right, but not the obligation, to purchase, in its own name or in the name of Halpern, insurance coverage as required by this paragraph and the cost thereof shall be the responsibility of Halpern_ 8. Ingress and Egress. Halpern has the right of access over and across the Access Easement Area for itself and its agents to the extent necessary to exercise its rights under this Agreement. Provided, however, that such access shall not extend beyond the Easement Area. In exercising such right of ingress or egress, Halpern shall limit times of access to reasonable business hours. Mechanics' Liens. Halpern shall, at all times, keep the Easement Area and the OIB Property free from mechanics' lien claims or similar liens arising on account of any act or on behalf of Halpern. OIB shall, at all times, keen the Easement Area and the Halpern Property free from mechanics' lien claims or similar liens arising on account of any act or on behalf of OIB. Prior to commencing any work on or about the Easement Area, Halpern shall conspicuously post, and maintain posted during the entire course of such work, a notice containing the information in the preceding sentence and meeting the requirements of N.C.G.S. § 44A-11.1. In the event any mechanics' lien is recorded with respect to the Easement Area or OIB Property on account of any activity of Halpern or any use of the Easement Area or the OIB Property by or on behalf of Halpern, Halpern shall, within 30 days of notice by the OIB (or, if earlier, within 30 days of a complaint being filed to enforce such mechanics' lien), cause such mechanics' lien to be removed from the OIB Property by posting a bond with the district court as permitted by statute. 10. Performance of Halpern Obligations by OIB. In the event Halpern fails to perform any obligations under this Agreement within ten days of written notice by OIB or fails to provide insurance or evidence of insurance as required by Paragraph 7, above, OIB may, but is not required to, perform any such obligation of Halpern at the sole cost and expense of Halpern. Except as may be necessary to prevent damage or injury on an emergency 1111 Jill Jill 1111111111111111111111111 BOOK:4135 PAGE:5 14';� 4.0001 E Brenda N1. Clemmons. Brunswick County Register of Deeds Page S of 9 basis, OIB shall not commence performance of any unperformed obligation of Halpern as long as, within such thirty -day period, Halpern shall have commenced curative action and thereafter shall prosecute such curative action diligently to completion. 11. Inurement. The benefits and burdens of this Agreement shall inure to the benefit of and be binding upon the parties and their respective legal representatives, successors; and assigns. The rights and obligations set forth in this Agreement are intended to run with the land. 12. Assignment and Delegation. Halpern may, from time to time, and without the approval of OIB, assign or delegate to any governmental entity or to any third party having an interest in the Halpern Property the rights and obligations of Halpern under this Agreement to maintain, operate and repair the Easement Area and related improvements and the right to discharge storm water runoff into the Infiltration Basin set forth in Paragraph 1, above. Notwithstanding anything in this Agreement to the contrary, upon the sale of the Halpern Property and the assumption of the obligations of this Agreement, Halpern shall be released form any further obligations or liabilities under this Agreement. 13. Maintenance of Infiltration Basin. All expenses of the operation, maintenance, and reconstruction of the Infiltration Basin except as set forth in Paragraph 4 above, shall be the sole responsibility of Halpern. 14. Attorneys' Fees. In the event of any litigation, arbitration, or other proceeding brought to enforce or interpret this Agreement, the prevailing party shall receive an award of its reasonable attorneys' fees and costs. 15. Paragraph Headings. Paragraph headings are included for reference purposes only and do not constitute part of this Agreement. 16. Governing Law. This Agreement shall be governed and construed under the laws of the State of North Carolina without regard to conflicts of law provisions. 17. Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of this Agreement. 18. Notices. All notices, demands, or other communications to any party under this Agreement shall be in writing (including e-mail or facsimile transmission); shall be sent only by nationally recognized courier service, or by personal delivery; and shall be given: If to OIB, to: 111111.111111 1111111111111111111111111 BOOK:4135 PAGE:6 Brenda M. Clemmons Brunswick County Register of Deeds 12/1312018 E 14:19:54.000 Page 6 of 9 OIB Development, LLC 60 Gregory Road NE, Suite l Belville, NC 28451 with copy to: Jeffrey P. Keeter Block, Crouch, Keeter, Behm & Sayed, LLP 310 N. Front Street, Suite 200 Wilmington, NC 28401 If to Halpern, to: Halpern Ocean Isle, LLC c/o Halpern Enterprises, Inc. 5200 Roswell Road Atlanta, GA 30342 All such notices, demands, requests, or other communications shall be deemed received on the date of receipt by the recipient if received prior to 5:00 p.m. in the place of receipt and such day is a business day in the place of receipt. Otherwise, any such notice, demand, request, or other communication shall be deemed not to have been received until the next succeeding business day in the place of receipt. Addresses for notice may be changed from time to time by notice to the other party. 19. Waiver. Waiver by either party of any one default will not be deemed to be a waiver of any other default under this Agreement. Any remedy or election under this Agreement will not be deemed exclusive, but, instead, whenever legally permissible, will be cumulative with all other remedies at law or in equity. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK [SIGNATURES ON FOLLOWING PAGES] 111.11 Jill 111111111111111Jill III III B1OOKA135 PAGE:? 14'19:54.1354.1.,,, ,, 18E n Brenda M. Clemmons. Brunswick County Register of Deeds Page 7 of 9 IN WITNESS WHEREOF, this Agreement has been signed, sealed, and delivered by OIB and Halpern as of the day and year first above written. OIB DEVELOPMENT, LLC, a North Carolina limited liability company By: D. I. Logan, M . a STATE OF NORTH CA LINA COUNTY OF /VG(,�J I, the undersigned Notary Public of the State and County aforesaid, certify that D. I. Logan personally appeared before me this day and acknowledged that he is the Manager of OIB Development, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this the /p day of , 2018. [ S10 Z. VAMVAKIAS Div-�.�et', NOTARY PUBLIC «i6K 2- dQba , Notary Public New Hanover County North Carolinap / No ary's Printed or Typed Name My Commission Expires My Commission Expires: Lp//W��0 [SIGNATURES CONTINUE ON FOLLOWING PAGE] 1111 IIII IIII 11 II 111111111111111111 III STATE OF GEORGIA COUNTY OF FULTON BOOK:4135 PAGE:8 14'19:5.00 E 14:19:54AQ0 Brenda Nl. Clemmons Brunswick CountyRegister of Deeds Page 8 of 9 HALPERN OCEAN ISLE, LLC, a Georgia limited liability company By: Name: William Brown, Jr. Title: President I, the undersigned Notary Public of the State and County aforesaid, certify that William D. Brown, Jr. personally appeared before me this day and acknowledged that he is the President of Halpern Ocean Isle, LLC, a Georgia limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this the 12�ltiay of LMm bt&- , 2018. [SEAL] l�l(iGtG�COj rGPNI� rrZ- , Notary Public Notary's Printed or Typed Name My Commission Expires: % Richard N. Lenner !Votary Public, State of Georgia Fulton County My Commission Expires 06/11/2022 11111111 Jill 1111111111111111111111111 BOOK:4135 PAGE:9 14:19:54.000 E ° Brenda M. Clemmons . Brunswick County Register of peels Page 9 of 9 EXHIBIT A Stormwater Easement Parcel B-1 Ocean Isle Residential Brunswick County, NC Being an easement on that tract or parcel of land located in Shallotte Township, Town of Ocean Isle, Brunswick County, State of North Carolina being a portion of Parcel B-1 as shown on that certain plat recorded in Map Cabinet 99 at Page 69 in Brunswick County Register of Deeds. Said parcel of land being more particular described as follows: Point of beginning being a found iron rod at the Northeastern terminus of Charles Street (SR #1868), thence North 57°30'40" East a distance of 201.39' on the Northwestern boundary of said Parcel B-1, being the lands of William S and DWE Timber LLC, recorded in Map Cabinet 99 at Page 69 Brunswick County Register of Deeds, and the Southeastern boundary of William D Clontz Halpern Ocean Isle LLC, Map Book 99 at Page 67; to a computed point on a private right of way as shown on Map Cabinet 99 at Page 69; Thence with said right of way with a curve turning to the right through said Parcel B-1 and along the 60' wide Ingress, Egress, and Utility Easement, Map Cabinet 99 at Page 69-70, with an arc length of 148.80', with a radius of 220.00', with a chord bearing of South 22°36'20" West, with a chord length of 145.98', to a computed point; Thence with a reverse curve turning to the left through said Parcel B-1 and said Easement with an arc length of 210.65', with a radius of 260.00', with a chord bearing of South 1804616" West, with a chord length of 204.94', to a computed point; Thence leaving said right of way South 83°04'44" West a distance of 20.88' to a computed point on the margin of Charles Street (SR #1868) being the western boundary of Parcel B-1; Thence along the boundary of said Parcel B-1 and the Northeastern right of way line of Charles Street (SR #1868) N 06'55'16" W a distance of 224.78 to an iron rod found, which is the point of beginning. Having an area of 20,992 Square Feet or 0.482 Acres more or less. II�IIIIII!IlII NIIIIII�IIILIII!III!II Brenda M. Cl m offs 26' Me Brunswick County, NC Register of Deeds page 1 of a Brenda M. Clemmons Register of Deeds 10-03-2018 14:10:26.000 Brunswick County, NC NC REVENUE STAMP: $2400.00 (#602288) kilum to lX.f We total Rev Int. 4 k $ _ Ck Rev S biefund _ Cash $ Finance I Portions of document are illegible: due to condition of original. I Documsnt contains seals verified by origin: nsirument that cannot be reproduced or copied. NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $2,400.00 Parcel Identifier No. 243ECO0201 Verified by County on the day of 20_ Mail/Box to: Block, Crouch, Keeter, Behm, Saved. LLP This instrument was prepared by: Cindy York, C. York Law. PLLC, without title exam or tax advice Brief description for the Index: Parcel Area B, Beach Drive, PL 99/69-70 _ Delinquent taxes, if any, to be paid by Closing Attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds. THIS DEED made this 4 day of September, 2018 by and between GRANTOR DWE TIMBER, LLC, a North Carolina limited liability company 2618 New Village Road Wilmington, NC GRANTEE OIB Development, LLC, a North Carolina Iimited liability company 60 Gregory Rd NE, Suite 1 Belville, NC 28451 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land situated in the County of Brunswick, North Carolina and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. This property was conveyed to Grantor by deed recorded in the Brunswick County Registry in Book 3840 Page 507. IINIIIIIIIII IHIIIIIIIIIIIIIIlIIIIII 84199 P0817 ' �Z:26., ZP Brunswick County, MC Register of Deeds page 2 of 3 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Subject to ad valorem taxes for the year 2018 and thereafter, easements, rights of way and restrictive covenants and conditions of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. DWE Timber, LLC By: 46 DeCarol Williamson, Manager State of North Carolina County of New Hanover 1, the undersigned Notary Public of the County and State aforesaid, certify that DeCarol Williamson, personally appeared before me this day in his capacity as manager of DWE Timber, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this 4 day of September, 2018. My Commission Expires: 0 -I6-ao� !a. Notary Public Notary's Printed or Typed Name (Affix Seal) NOTAAy jOUBLIG III III II I llll l it l l l l llIIII II I II l 11111 B4? Pe��a o�s-z6P N ROP Brunswick County, NC Register of Deeds page 3 of 3 EXHIBIT A Legal Description Being all of Parcel Area B, containing 22.467 Acres +/-, as shown on REVISION PLAT OF DWE TIMBER LLC PROPERTY recorded in Map Cabinet 99 at Pages 69-70 of the Brunswick County, North Carolina Registry, reference to the same being hereby made for a more particular description. This certtlies that theca are no delinquent rd valorem taxes, fees, assessments or other liens which the Brunswick County Tax Collector is charged with cold ing, that are a Ben on: Parcel Number as notated by the Brunswick County Asaeaeor% Odice. This is not a cartUicadon that the parcel number matches the deed JUN 2 2 Z4iT �'�-- 171-1*6 (Assq Tax Col. i Del. Tax C. 'PIIIIIBn11l11@1111 p! o el Ii11s Preasennte f: Total ev Int. Ck $ Ck * Cash Refund: Cash $ Finance ❑ Of0(PorEops of do mont are 14agib a Cue to Condition Qr % � r Of original. l f' nrmntcvntains sm!s verU byorigind r i ; ient M cannot ba reproduced Droopbd. Brenda M. Clemson Register of Deeds 86-22-2017 15:47:21.9M Brunswick County, NC NC REVBMIE ST1M9P: $40111111.99 053882e) NORTH CAROLINA SPECIAL WARRANTY DEED Tax; 1110A11111M i� rM Parcel Identifier No. 243ECO02 Verified by County on the _ day of , 2017 By: . Mail. afterrecording to: Harbor. City Title. Insurance MaWBol{to. AgencV, Inc., 6201 . Fairview Road, . Suite p Charlotte, NC 28210, File No. tnO - 23 38 This irotrwnent was prepared by: James F. Brown, Jr., Fine and Block Attorneys, 2060 MoimtParan Road, N.W., Suite 106, Atlanta, GA 30327; under supervision of John C. Surles, Esq., 6201 Fairview Road, Suite 325, Charlotte, NC 28210 Brief description for the Index: Parcel A, Map. Cabinet 99, Page 69, Brunswick County Registry, Shallotte Township, Town of Ooesn Isle, Bnmswick County, North Caagroline THIS DEED m� made this of U [M147-- , 2017, by and between GRANTOR DWE TIlvIBER, L L.C, a North Carolina limited liability company 2618 New Village Way Wilmington, NC 28405-7426 HALPERN OCEAN ISLE, I i C, a Georgia limited 18abMW cony 5200 Roswell Road Atlanta, GA 30342 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The desigoatioa Grantor and Grantee as used herein shall include said patties, their hens, successors, and assigns, and shall include singular, plural, masculine, feminine or neater as.required by context. WPINESSETH, that the Grantor, fora valuable consideration paid by the Grantee, the receipt ofwinch ishereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel oflandsituated in the Town of Ocean Isle, Shallotte Township, Brunswick County, North Carolina and more particularly described as follows: See Exhibit "A" attached berets and hicaTonited by this reference. The property heremabove described was acquired by Grantor by nuiftuments recorded in Book 3559, page 1353, and in Book 3840, page 507, Brunswick County Registry. All or aportion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded is Map Cabinet 99, page 69, Brunswick County' Registry. NC Bar Association Form No. 6 01/1/2010 printed by Agreement with fire NC Her Association � 04 UC /eft U 8/& 6P.#5 �n� �✓ AVO 77�,dW- LG c ECEIVE� { ' CIE 1 2t 22-27 II IIIIIII II II III f IIIIIII lI II I III II Ili 83�23 ?�24s nmon5 2e1°RCS Brunswick County, NC Register of Deeds page 2 of 5 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following j exceptions: ! I See Exhibit "B" attached hereto and incorporated by this reference. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. DWE TIMBER, LLC, a North Carolina limited liability company By: Dr. DeCarol Williamson, its Manager NEW HANOVER COUNTY, NORTH CAROLINA The undersigned Notary Public certifies that the following person personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Dr. DeCarol Williamson. Date: 1uYlSL,S ,2017 l X1�� � CLk" Notary Public l.V du � � ^,,,, , p., rd NI Printed Name: � (�,� (N)C My. commission expires: U Oa-� Isle\Closing DocumentsWeed - Special warranty 05_19_17.doc NC Bar Association Form No. 6 ® 1/1/2010 Printed by Agreement with the NC Bar Association 17 IIIIII IIIIIIII IIIIIIII IIII IIIIII III Br13 a 11. Cl mods z� PROP Brunswick County, NC Register of Deeds page 3 of 5 EXHIBIT "A" Legal Description Parcel A Map Cabinet 99 Page 69 Ocean Isle Brunswick County, NC Being all of that tract or parcel of land located in Shailotte Township, Town of Ocean Isle, Brunswick County, State of North Carolina being all of Parcel A as shown on that certain plat recorded in Map Cabinet 99 at Page 69. Said parcel of land being more particular described as follows: Beginning at an iron rod set in the Western boundary of said Parcel A and being on the Eastern right of way line of Causeway Drive (SR#904); Thence along the boundary of Bobby Ray Williamson recorded in Deed Book 2954 at Page 494 North 78'18'42" East a distance Of 250.52' to an iron rod set on the Western boundary of Parcel A and also being the Southeastern corner of the lands of DWE Timber, LLC recorded in Deed Book 1391 at Page 848; Thence with the Western boundary of said Parcel A and also being the Eastern boundary line of said lands of DWE 1, LLC North 10"54'59" West a distance Of 374.56' to an iron rod set on the southern right of way of Beach Drive (SR# 179); Thence with said right of way North 54'38'11" East a distance of 538.95' to an iron rod set; Thence with said right of way North 54"38'11" East a distance of 878.59' to an iron rod set Thence leaving said right of way and with the Eastern boundary of Parcel A as shown on that certain plat recorded in Map Cabinet 99 at Page 69 and the Western boundary of Map Book K, Page 266 South 10"03'10" East a distance of 613.22' to an iron rod set Thence along said boundary South 10"03'10" East a distance of 464.37 to an iron rod set; Thence along the Southern Boundary of Parcel A also being the Northern boundary of Parcel B as shown on that certain plat recorded in Map Cabinet 99 at Page 69 the following Eighteen (18) courses: North 72"55'27" West a distance of 172.47' to a Point; North 59"38'15" West a distance of 102.34' to a Point; North 16°49'49" West a distance of 29.48' to a Point; North 49"35'34" East a distance of 26.79' to a Point; North 07'00'29" East a distance of 33.14' to a Point; North 00"18'19" West a distance of 37.86' to a Point; North 07"23'43" East a distance of 37.73' to a Point; North 89'01'49" West a distance of 14.44' to a Point; South 24'11'05" West a distance of 118.01' to a Point; A-1 I IIIIIIIIII I IIIIII IIIIII IIIIIII Rr6nd P02 l m W. PNO ROF Brunswick County, NC Register of Deeds page 4 of 5 EXHIBIT "A" Legal Description North 42°36'48" West a distance of 9.03'to a Point; North 11'16'02" West a distance of 34.62' to a Point; South 88'49'21" West a distance of 2.94' to a Point; South 14'00'07" West a distance of 47.59' to a Point; North 77'13'03" West a distance of 82.21' to a Point; South 41°36'37" West a distance of 95.50' to a Point; South 53*08'35" West a distance of 92.49' to a Point; South 36'01'23" East a distance of 39.47' to a Point; South 57°30'40" West a distance of 279.51' to an iron set on the eastern right of way line of Charles Street (SR# 1868) and in the centerline of Old Field Branch; Thence with the centerline of said Branch, the northern boundary of Map Book 6, Page 81, and the southern boundary of Parcel A a total distance 564.4+/- feetto an iron rod set. The mathematical tie lines for this boundary being the following four courses; South 62"24'56" West a distance Of 77.89' to a point being a corner of Lot 9 and shown on map book 3, page 150. Said point further being North 58'50'56" East a distance Of 83.37' from an existing iron rebar being the northwest corner of lot 38 of map book 6, page 81 and being the northwest corner of deed book 316, page 868; Thence three calls with Map Book 3, Page 150. South 68"26'50" West a distance of 186.12' to a point; South 62°28'02" West a distance of 132.72' to a point; South 74"06'09" West a distance of 140.22' to an iron road set being the southeast corner of LW Legacy Assets, LLC and DW Legacy Assets, LLC as shown on map book 74, page 15 and also being the southwest corner of Parcel A; Thence with the western boundary of said Parcel A North 10'37'57" West a distance of 150.23' to an iron rod found; Thence South 78"18'42" West a distance Of 234.26' to an iron rod found on the eastern right of way of Causeway Drive (SR# 904); Thence with said right of way North 10'36'49" West a distance of 75.04' to an iron rod set which is the Point of Beginning. Having an Area of 975,409 Sq. Ft. or 22.392 Acres M:\Halpern Development Co\Ocean Isle\Legals\Halpern - Ocean Isle -Parcel A 03_02_17.doc A-2 ` IIIIIIIII lI IIII I I II Illllil IIII{III III Brend P0249 15,47 os-2E'PROP Brunswick County, NC Register of Deeds page 5 of 5 l EXHIBIT °B" Exceptions 1. Taxes and assessments for the year 2017 and subsequent years, not yet due and payable. 2. Water Distribution Line Easement in favor of the Town of Ocean Isle Beach as recorded in Book 277, Page 709 of the Brunswick County Registry. 3. Riparian rights of others in and to the waters of any branches, rivers, creeks, streams, lakes or other waters which join or traverse the lands. 4. Terms and Conditions of Easements created by Easements, Covenants and Restrictions Agreement by and between Halpern Ocean Isle, LLC, a Georgia limited liability company, and DWE Timber, LLC, allorth Carolina limited liability company, dated 2017, as recorded in Book Pages) fj of the Brunswick County Registry a; •►u lfie•-�e�Iy J+- - f �.S «�Q . ' 5. Survey entitled ALTA/NSPS Land Title Survey, Map Book 99, Page 69, Shallotte Township, Brunswick County, NC, dated March 14, 2017, by Christopher James Gagne, PLS L-4700, reveals the following matters: a. Guy anchors, overhead power lines, power poles, telephone pedestals, transformers along Beach i Drive. i o: B-1 909Z-D:12° 1JN £OabBZ�I° JY�NL0L9� �r�`� »a ze> �_I I�Iiioin[virHd JN `�.I,Nno� }I�ImsNn�ig gZSI NvaDo do NIA01 diHS.m&o.I.auoiivHs-aAra(II'ID�EI b5 Dd 66 DW IuL RcjOd(j DTI)jRgWU R&CI 30 IVId NOISIA2U : A;�••i0,. 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W �. bS Jd 66 ON a.Lxn0wv1[yd AMad02id DTI 2 agm 9AQ _ AO I Id NOISIAR-9 o ygIE;U11 o w�nnYn�mmelw d n n d N c w n Rma� apn` �iS ;3;I3 In a 3w k�k� 3�+33 3333w �En ;i� � awn W ���rg8"��Q �•; �' 2N2 _ 2 2222 2ww JJ +J 9� iJ J�JJJJLJ J:L!I _—i Sa QQ� Ass 3Sg �p wctcsr@ss-. /sx Lzw wB/W s B like I @# 2 @¢ E�gk�914 GGGG9 z m �o�ig g� I�_§gigg w 3lg p gQ a It ' 8 @ @a $ I �Jaeg � 's ! �¢ ■ It 3•B06L.aB4 @ dL'LBi M.IB.BB.BBS L�u'�'BCL @ M.Bt,vt.aBS M/Bo L5I 183 / QB ESddFldlf 1] @ stir, snrxr a aO> 4N�yUWj CW �Imq� "'gym alm FL'� may" �C �a Ir-f qmr/v 17L -kV 6641UIW ) LIMITED LIABILITY COMPANY ANNUAL REPORT ,Gr<m7 NAME OF LIMITED LIABILITY COMPANY: Halpern Ocean Isle, LLC SECRETARY OF STATE ID NUMBER: 1600574 STATE OF FORMATION: GA REPORT FOR TF-'E CALENDAR YEAR: qni a SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Corporation Service Company 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 2626 Glenwood Ave Ste 550 Raleigh, NC 27608 Wake County E - Filed Annual Report 1600574 CA201902500641 1 /25/2019 11:05 Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 2626 Glenwood Ave Ste 550 Raleigh, NC 27608 SECTION R: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: ('nmmcrriol Pmnl Fctntn 2. PRINCIPAL OFFICE PHONE NUMBER: (770) 451-0318 x319 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS 5200 Roswell Road 5200 Roswell Road Sandy Springs, GA 30342 Sandy Springs, GA 30342 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.) NAME: ,Jack N Halpern TITLE: Chairman ADDRESS: 5200 Roswell Road Atlanta, GA 30342 NAME: C. Alisa Loften TITLE: r hinf Financial Offirrrkr ADDRESS: 5200 Roswell Road Atlanta, GA 30342 NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity. C. Alisa Loften 1 /25/2019 SIGNATURE DATE Form must be signed by a Company Official listed under Section C of This form. C. Alisa Loften Chief Financial Officer Print or Type Name of Company Official Print or Type Title of Company Official This Annual Report has been filed electronically. MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525 State of North Carolina Department of the Secretary of State SOSID: 1600574 Date Filed: 6/7/2017 8:48:00 AM Elaine F. Marshall North Carolina Secretary of State C2017 146 00307 APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY Pursuant to §57D-7-03 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: i. The name of the limited liability company is Halpern Ocean Isle, LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use is 2. The state or country under whose laws the limited liability company was formed is Georgia 3. Principal office information: (Select either a or b.) a, EN! The limited liability company has a principal office. The principal office telephone number: 770.451.0318 The street address and county of the principal office of the limited liability company is: Number and Street: 5200 Roswell Road City. Sandy Springs state: GA Zip code: 30342 county: Fulton The mailing address, if different from the street address, of the principal office of the corporation is: Number and Street: City: State: Zip Code: County: b. ❑ The limited liability company does not have a principal office. 4. The name of the registered agent in the State of North Carolina is: Corporation Service Company S. The street address and county of the registered agent's office in the State of North Carolina is: Number and street: 327 Hillsborough Street City: Raleigh State: NC Zip Code: 27603 County: Wake 6. The North Carolina mailing address, if different from the street address, of the registered agent's office in the State of North Carolina is: Number and City: State: NC Zip Code: County: CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised January 2014) (Form L-09) APPLICATION FOR CERTIFICATE OF AUTHORITY Page 2 7. The names, titles, and usual business addresses of the current company officials of the limited liability company are: (:Ise attachment if necessary) Name qnd Title. Business Address CDECRE Clark, LLC- sole equity member Jack N. Halpern- special member 0200 Roswell Road XM'Ira—m—C-D. Brown, Jr.- manager) Sandy Springs, GA 30342 8. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be less than six months old A pbotoconv of the certification cannot be accepted 9. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adopting the fictitious name is attached. 10. (Optional): Please provide a business e-mail address' Privacy Redaction The Secretary of State's Office will e-mail the business automatically at Vie address provided -above at no cost when a document p, p is filed. The e-mail provided will not be viewable on the website. For .more information on why this service is offered, please see the instructions for this document. p 11. This application will be effective upon filing, unless a delayed date and/or time is specified: CER_ �'� This the 2tith day o f May , 20 17 q!,1-.- `C�( t BY. Halpern Ocean Isle, LLC XWZ zn 'ed Liability Corpary Ll-of Company Ofcial William D. Brown, Jr.- manager Type or Print Name and 7-1de Notes: 1. Filing fee is;S250. This document must be flied with the Secretary of State. COiLPORATIONS DIVISION P.O. SOX 29622 RALEIGH, NC 27626-0622 (Revised January 2014) (Fop -in L-719) Control Number: 17057568 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower 2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 CERTIFICATE OF EXISTENCE I, Brian P. Kemp, the Secretary of State of the State of Georgia, do hereby certify under the seal of my office that Halpern Ocean Isle, LLC a Domestic Limited Liability Company was formed in the jurisdiction stated below or was authorized to transact business in Georgia on the below date. Said entity is in compliance with the applicable filing and annual registration provisions of Title 14 of the Official Code of Georgia Annotated and has not filed articles of dissolution, certificate of cancellation or any other similar document with the office of the Secretary of State. This certificate relates only to the legal existence of the above -named entity as of the date issued. It does not certify whether or not a notice of intent to dissolve, an application for withdrawal, a statement of commencement of winding up or any other similar document has been filed or is pending with the Secretary of State. This certificate is issued pursuant to Title 14 of the Official Code of Georgia Annotated and is prima -facie evidence that said entity is in existence or is authorized to transact business in this state. Docket Number : 14684259 Date Inc/Aulb/Filed :05n32/2017 Jurisdiction : Georgia Fri in Date :05/26/2017 Form Number : 211 i 4 4rawo Brian P. Kemp Secretary or State - File an Annual Report/Amend an Annual Report - Upload a PDF Filing - Order a Document Online - Add Entity to My Email Notification List - View Filings - Print an Amended a Annual Report form - Print a Pre -Populated Annual Report form Limited Liability Company Legal Name Halpern Ocean Isle, LLC Information Sosid: 1600574 Status: Current -Active Annual Report Status: Current Citizenship: Foreign Date Formed: 6/7/2017 State of Incorporation: GA Registered Agent: Corporation Service Company Addresses Reg Office Reg Mailing Mailing 2626 Glenwood Ave Ste 550 2626 Glenwood Ave Ste 550 5200 Roswell Road Raleigh, NC 27608 Raleigh, NC 27608 Sandy Springs, GA 30342 Principal Office 5200 Roswell Road Sandy Springs, GA 30342 Company Off icials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Chairman Chief Financial Officer Jack N Halpern C. Alisa Loften 5200 Roswell Road 5200 Roswell Road Atlanta GA 30342 Atlanta GA 30342 Lewis,Linda From: Lewis,Linda Sent: Monday, February 11, 2019 3:10 PM To: 'Tim Clinkscales'; bbrown@halpernent.com; Dan Fisk (dfisk@paramounte-eng.com) Cc: Jessica Vamvakias; asmith@loganhomes.com; Hall, Christine Subject: RE: [External] RE: SW8 161204 Ocean Isle Beach Market Place - REVISED Please note that I am waiting on 2 different letters to be addressed: January 10, 2019 Inspection Report conducted in response to a citizen compliant about flooding and a lack of maintenance. A response was due by February 10, 2019: 1. 1 haven't received any reply to the remaining items 1, 2, 3 and 4 listed in the January 10 2019 inspection report. What is the status of the repair work for the infiltration basin? 2. Please submit a copy of the recorded deed restrictions for the Outparcels limiting the BUA to the amount specified in the permit. 3. The transfer application for SW8 161204 had already been submitted on December 10, 2018. The January 29, 2019 email requesting additional information for the transfer: 1. Update the Company Officials listed on the annual reports to support Mr. Brown's title as the current manager of Halpern Enterprises, Inc. and as president of Halpern Ocean Isle, LLC. 2. Provide a letter signed by Jack Halpern or Alisa Loften authorizing Mr. Brown to sign the transfer application on behalf of both the current permittee and the proposed permittee, Halpern Ocean Isle, LLC. 3. Submit a new transfer application signed by Jack Halpern or Alisa Loften representing both the current permittee corporate entity and the proposed permittee corporate entity - This additional information is due by March 1, 2019. Since OIB Development LLC is getting their own permit for Salt Water Palms, and there is an easement agreement in place, and they have no need of using any of the currently approved SCM's to treat their runoff, they no longer need to be on the 161204 permit, so we do not need their signature on the permit transfer application. Linda From: Tim Clinkscales <tclinkscales@paramounte-eng.com> Sent: Monday, February 11, 2019 1:18 PM To: Lewis,Linda <linda.lewis@ncdenr.gov>; bbrown@halpernent.com Cc: Jessica Vamvakias <jv@loganhomes.com>; asmith@loganhomes.com; Hall, Christine <Christine.HaII@ncdenr.gov> Subject: RE: [External] RE: SW8 161204 Ocean Isle Beach Market Place - REVISED External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to These documents answer all 3 questions below, let me know if you have any questions Thanks Tim Clinkscales PE, PLS PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.aaramounte-eng.com From: Lewis,Linda -.±•.> Sent: Monday, February 11, 2019 12:57 PM To: Tim Clinkscales r�doc i; Cc: Jessica Vamvakias < �r +lt f _ .� s "r >; _« F hi r'-o 3�� :, J Hall, Christine < ',,rig sir .r ' ' nr.ncw> Subject: RE: [External] RE: SW8 161204 Ocean Isle Beach Market Place - REVISED Christine is working on the Fast Track for thz. Salt Water Palms. BLIt, ownership of the SVV8 161204 permit has to be changed. The ownership change is not affiliated with Salt Water Parrs; but the following changes and updates to the permit need to be approved: 1. The ownership of the Publix property and OUtparcels to Halpern Ocean isle, LLC; 2. The need tc clarify that the road through the OiB Development LLC property, is within an easement dedicated to Halpern Ocean Isle, LLC, and is maintained by Halpern Ocean Isle, LLC; 3. Infiltration basin #2, which treats runoff from the road, is maintained by Halpern Ocean Isle" LLC. I haven't received the application signature information requested on January 29, 2019 yet. Linda From: Tim Clinkscales<teinkscalesL,Jr�,)rhio!!n:e_cna.com> Sent: Wednesday, January 30, 2019 2:24 PM To: Lewis,Linda <Iinda.lewis(a@r:cde,ir.g,ov>; "_+brow: rx haln;:roen�..corn Cc: Jessica Vamvakias <.i !owenhomes:ccm>; asm�thp- loj t_r_.i��orni s.com; Hall, Christine <C ;risti.ne_H l @ncderor. c�v> Subject: [External] RE: SW8 161204 Ocean Isle Beach Market Place - REVISED ^t lies empail. Do not. click links or open attachmenU uni— vu verify. Send allsusPicious email as an.attarhment_to Linda I am confused why Salt Water Palms has anything to do with Ocean Isle Market Place in regard to stormwater permitting. We made it very clearly in our site plan from back in 2016 that this area was to be permitted separately and that is exactly what we are doing. OIB Development bought the land directly from DWE and has no connection to Halpern and their collection systems and stormwater boundaries do not cross. This is like any parcel that is subdivided and each lot is responsible for their own stormwater. For the roadway that was permitted back in 16/17 time period, Christine brought a good point that an easement did not exist for infiltration basin and such has been recorded and sent to her. This is why the fast track permit has been in review by Christine waiting on latest comments from December. Thanks and please let me know besides a signature from DWE that we are good on the transfer from the Halpern identities Lewis,Linda From: Lewis,Linda Sent: Wednesday, January 30, 2019 9:53 AM To: 'Tim Clinkscales'; bbrown@halpernent.com Cc: Jessica Vamvakias; 'asmith@loganhomes.com; Christine Hall (christine.hall@ncdenr.gov) Subject: FW: SW8 161204 Ocean Isle Beach Market Place - REVISED V In revieveing she informat )n, I see that the DWE Timber LLC Tf'act ;-larce! B on the map recorded in MiBCD9 at Page 59-70) has been sckl. to OiB Development LLC (October 3, 2018). Since; DWE _y ; was the �, r ��rty o4,fn� r refdrenc(,d in the S`. V8 161204 perrE pit, DWE will also need to -igo Of on the pon oit tr aansfer application as a current fie; mitte�e / propar*y owner and 01�3 Deve!oprnent, LLC needs to sicin of as a urvpe-sed permmi tee / properiy owner. Alternatively, the SW8 i0i204 permit can be modified to remove Parcel B and the infiltration basin from the permit, and Developmont, LLC: can apply fo:, their oven permit which inclodcs thr-, infiltration basin or some other S Gitable means of treating rur~off. Linda From: Lewis,Linda Sent: Tuesday, January 29, 2019 4:15 PM To: bbrown@halpernent.com Cc: 'Tim Clinkscales' <tclinkscales@paramounte-eng.com>; Christine Hall (christine.hall@ncdenr.gov) <christine.hall@ncdenr.gov> Subject: SW8 161204 Ocean Isle Beach Market Place Mr. Brown: The Division received your request to transfer the subject permit to Halpern Ocean Isle, LLC on December 10, 2018. You signed the application as the manager of Halpern Enterprises, Inc., and as the president of Halpern Ocean Isle, LLC. However, the latest annual reports filed with the NCSOS on January 25, 2019 for both corporate entities do not include you as a member or a manager or the president. In order to accept this transfer application, please take one of the following actions: 1. Update the Company Officials listed on the annual reports to support your title as the current manager of Halpern Enterprises, Inc. and as president of Halpern Ocean Isle, LLC. 2. Provide a letter signed by Jack Halpern or Alisa Loften authorizing you to sign the transfer application on behalf of both the current permittee and the proposed permittee, Halpern Ocean Isle, LLC. 3. Submit a new transfer application signed by Jack Halpern or Alisa Loften representing both the current permittee and the proposed permittee. Upon receipt of the requested documents, the permit will be transferred conditioned on resolving the remaining compliance issues listed in the Division's January 10, 2019 inspection report. 1 Please provide the requested information by March 1, 2019. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.I ;^pis'=,ncdenr.9nv Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 2 Lewis,Linda From: Lewis,Linda Sent: Tuesday, January 29, 2019 4:15 PM To: bbrown@halpernent.com Cc: 'Tim Clinkscales'; Christine Hall (christine.hall@ncdenr.gov) Subject: SW8 161204 Ocean isle Beach Market Place Mr. Brown: The Division received your request to transfer the subject permit to Halpern Ocean Isle, LLC on December 10, 2018. You signed the application as the manager of Halpern Enterprises, Inc., and as the president of Halpern Ocean Isle, LLC. However, the latest annual reports filed with the NCSOS on January 25, 2019 for both corporate entities do not include you as a member or a manager or the president. In order to accept this transfer application, please take one of the following actions: 1. Update the Company Officials listed on the annual reports to support your title as the current manager of Halpern Enterprises, Inc. and as president of Halpern Ocean Isle, LLC. 2. Provide a letter signed by Jack Halpern or Alisa Loften authorizing you to sign the transfer application on behalf of both the current permittee and the proposed permittee, Halpern Ocean Isle, LLC. 3. Submit a new transfer application signed by Jack Halpern or Aiisa Loften representing both the current permittee and the proposed permittee. Upon receipt of the requested documents, the permit will be transferred conditioned on resolving the remaining compliance issues listed in the Division's January 10, 2019 inspection report. Please provide the requested information by March 1, 2019. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(ancdenr.gi-v Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 ,'Nothing Application Completeness Review Checklist Project Name: ; ale_ & a Lr,<_a_ Date Deliverec to �It/IRO: v Project Cca._;,, i.%' (Location: BIMS Received/Accepted Date: � 'C /O 3ilvi5 Acknowledged Date: r'u'a'c#: j201% Coastal ®2008 Coastal EI,1995 Coastal Phase II +; )' i-. `i li - ,Universal 1988 Coastal PE[TAit Action: New / Major Mod / Minor Mod / Renewa / Transfe l**Rr, i, Rer.LN f: (Permit Type: LD / LD Overall / HD &LD Combo General Permit / Offsite / Exempt / Rescission SCM Type(s): Development Type: Commercial Residential / Other Subdivided?: Subdivisio of For New or?:-c.erred Permits [=e.,mittee @_, Property Owner(s) L _J Developer 'Lessee ®Purchaser ®HOA raperworK ®Supplement(s) (1 original per BMP) Emailed Engineer on: Exi�.:iru �errnit#: tj Lt* 1 Lei e� La�PE Cert on File? Offsite to SW8: ®O&M with correct/original signatures (X original per BMP except LS/VFS and swales) 73'Application with correct/original signatures ®Corp or L_%.;: Sig. Auth. per SoS or Signature Authorization letter or report 505 (within 6mo) Check#(s): 113 j 3 0No Fee ®Soils Report: w/SHWT or General Report Calculations (signed/sealed) Deed Restrictions, if subdivided: **Signed & Notarized Template Correct Template (Comm/Res & HD/LD) or Dec Covenants & Recorded Covenants ®Recorded Plats M50% or more Lots Sold I ist Project Narrative F�USGS Map Plans ®Master PE Cert on File? ;-iream Class- i. I:SA Map ORW Map Email Address: Design Engineer ®Email Address: Property Owner Deed Email Address: Lessee ®Lease Agri ement Email Address: Purchaser ❑Purchase Agreement Email Address: Developer Email Address: HOA Representative 0 L- __i 2 Sets 1, l Wetlands: Delineated or No Wetlands LiVicinity Man L I�Project Boundaries _ {� Legend 'Layout (proposed BUA dimensions) El DA Maps ! Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc ®V — Existing Conditions ii f kandscape Plan -_ Grading ;1 11PE Seal REVIEWER NAME: NG i ES TO REVIEWER: *Enter BIMS Acknowledged Date on this Sheet ";FOR NEW Projects -Enter New Permit # on G� /'Dra �t Supplements & Deed Restiction Templates. l�ele_d r X G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklis,_201S 03 13 0,,�L � lz�r►�-� •, PARAMOUNT4E N G 1 N H E M 1 N G, I 1 2 2 CINEMA DRIVE W I L M I N G T O N, NC 2 8 4 0 3 9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 ( F) L E T T E R O F T R A N S M I T T A T. NOV 13 2018 To: I NCDENR Date 11/13/18 Wilmington Regional Office 127 Cardinal Drive Ext. Re: Ocean Isle Market Wilmington, NC 28403 1 SW Permit Transfer Attn: Christine Hall Pco-ect No. I 18287.PE e are sen Z Originals [rhe following items: ❑ Correspondence ® Prints ❑ Shop Drawings ® Calculations ® Plans ❑ Specifications ® Other as listed below Quantity Date ](fig. No. Description 1 Original and Copy Transfer Permit 1 SW Certification /Original Permit 1 Deed i Secretary of State Info 1 $505 check ssue Status ® For Approval ❑ As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks ECIE JAction Takes: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resu it w ❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other l�c.uJ - f%µr L Stormwater transfer to Halpern Ocean Isle Beach, LLC Cc.- Signed: Tim Clinkscales, NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at: htto.Ildea.nc.aov/contact/reaional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until: 1. the current permittee resolves all non-compliance issues identified in the inspection report; 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(les), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit); or 3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following. • Corporation - a principal executive officer of at least the level of vice-president; • Limited Liability Company (LLC) - the designated manager, (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner; • Sole proprietor, • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW8161204 2. Project name: Ocean Isle Beach Market Place Is this an updated project name from the current permit? ❑ Yes ® No 3. Reason for the permit transfer request: Change of Name from original permit approval Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) X1. Both the current and proposed permittees ❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G). In accordance with G. S. 143-214.7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked. ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in accordance with the declaration; ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). in accordance with G. S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked. ❑ a. The proposed permittee is either (select one of the following): ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ❑ c. The proposed permittee agrees to the fallowing requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor -owner shall comply with all terms and conditions of the permit once the permit has been transferred. JEV+VF!'%f I, Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 SUBMITTAL REQUIREMENTS Please mark "r to confirm the items are included with this form. Please mark `X" if previously provided. If not applicable or not available, please mark WA.: l�r/ 1. A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.313(e)(2). 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. 3. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. k 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M agreement(s) from the pr000sed permittee, as required by the permit. S. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. 6. If reauired by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater management system has been inspected and that it has been built and maintained in accordance with the approved plans. 7. A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. 8. If transferring under G.S. 143-214.7162) (i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, �J owner's name, conveyance date and deed book and page number are acceptable. r 9. If transferring under G. S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. 10. A copy of the lease agreement if the proposed permittee is the lessee. 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. 12. A copy of the development agreement if the proposed permittee is the developer. Stormwater Permit transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: Halnem Entemrises. Inc. 2. Signing Official's Name: William Brown, Jr 3. Signing Official's Title: President 4. Mailing Address: 5200 Roswell Road NE City: Atlanta State: Ga ZIP: 30342 5. Street Address: same as above City: State: ZIP: 6. Phone: 770 508-3319 Email: bbrown(ahalaernent.com I, William Brown. Jr. , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) ® the most recent permit; ❑ the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; ® the approved plans and/or approved as -built plans; SAME AS PERMIT ® the approved operation and maintenance agreement; SAME AS IN PERMIT ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. I attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be apfyoved y_the ©EMLR unless and until the facility is in compliance with the permit. K Signature: !� �Date: �� I,W '�1�- , a Notary Public for the State of f�'� aV`;' C-- , County of 4�4-401— , do hereby certify that 1, ,�. u�-- rt . 1 Ic personally appeared before me this�tl�p„i2 '�'— day of fJ c crrn r 20 l and acknowledge the due instrument. Witness my hand and official seal, }4: expires-TX-C-f� L,(— ' 4 hM # $Y.• Stormwater Permit Transfer Application Form Page 4 of 7 April 27, 2018 E. PROPOSED PERMITTEE INFORMATION 1. The proposed permittee is the: ® Property owner (Also complete Part F.) ❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F.) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as copermittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee name (check one of the following and provide the name): ® Corporation, LLC, Partnership, Municipality name: Halpern Ocean Isle, LLC ❑ HOA 1 POA / UOA name: ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a. Signing Official's Name: William Brown. Jr. _ b. Signing Official's Title: President c. Mailing Address: 5200 Roswell Road City: Sandy Springs State: Ga ZIP: 30342 d. Street Address: same City: State: ZIP: e. Phone: 70 508-3319 Email: bbrownO-halpernent.com 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. a. Management Company or Business name: b. Contact Name: Title: c. Mailing Address: d. City: State: ZIP: e. Phone: (_) Email: BY. Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION AI iy 1, &'" -fir .t t'• , hereby notify the DEMLR that I have acquired through sale, lease, dpvpinnment agreement, or other legal transfer, the projectfproperty covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): ❑ the most recent permit; ❑ the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; ❑ the approved plans and/or approved as -built plans; ❑ the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; ® Check here If the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a `plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written "plan of action and schedule" must be received by the Division betvre the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will {construct), operate and maintain the approved stormwater management system pursuant to the requirements listed in thepermit and in the operation and maintenance agreement. f, Signature:'`"�j Date: ,!/ Z'f I; ���-►-a�- a�TGI , a Notary Public for the State of County of t_hA� -,do hereby certify that t,.AZI �h- "P _ av- -7 ®k . perk"11l"ared before me this the -Z- day of 20 IL and execution of the forgoing instrument. Witness my hand and official seal, L r My corriti 11VIon expires 1 201a 8Y: Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 G. PROPERTY OWNER INFORMATION AND CERTIFICATION Fill out this section only if the property owner is different from the proposed permittee. The permit will revert to the property owner if the purchase agreement, development agreement or lease expires or is terminated. Company Name/Organization: Signing Official's Printed Name: Signing Official's Title: Mailing Address: City: State: ZIP Phone: Email: 1, , hereby certify that I currently own the property identified in this permit transfer document and acknowledge that the Proposed Permittee listed in Part F will be purchasing the property, developing the property on my behalf, and/or leasing the properly from me. A copy of the purchase agreement, development agreement or the lease agreement, which names the party responsible for the construction and/or operation and maintenance of the stormwater system, has been provided with the permit transfer request. I agree to notify DEMLR within 30 days if there are any changes to the purchase, developer or lease agreements and will submit the applicable completed and signed Permit Information Update Form, or Permit Transfer Application Form to address these changes. As the legal property owner, I acknowledge, understand, and agree by my signature below, that the permit will revert to me and I will be responsible for complying with the DEMLR Stormwater permit if the property purchase; lease or developer agreement/contract is cancelled or defaults. 1 understand that any individual or entity found to be in noncompliance with the provisions of the stormwater management permit or the stormwater rules, is subject to enforcement action as set forth in NC General Statute (NCGS) 143, Article 21. 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 Seal) Notary Signature My commission expires Stormwater Permit Transfer Application Form Page 7 of 7 April 27, 2018 Hall, Christine From: Tim Clinkscales <tclinkscales@paramounte-eng.com> Sent: Monday, October 01, 2018 7:12 PM To: Hall, Christine Cc: Weaver, Cameron Subject: FW: [External] RE: Saltwater Palms express request Attachments: Declaration of Easements, Restrictions--B3923-P0250.pdf Importance: High a External email. Do nort- t t RhRt' r'60'06 attachments unless verified. Send all suspicious emawa� s a t chnlenT to •,. M .-K, - :. Christine in talking with attorney want to see if this may suffice to keep pushing the express request along Thank Tim Clinkscales PE. PLS PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 ( FAX: (910) 791-6760 Ve04! www.oaramounte-ena.com — r� From: Jeff Keeter <jpkeeter@bcklawfirm.com> Sent: Monday, October 1, 2018 2:47 PM To: Tim Clinkscales <tclinkscales@paramounte-eng.com> Cc: Andrew Smith <asmith@loganhomes. com>; Jessica Vamvakias (jv@loganhomes.com) <jv@loganhomes.com> Subject: RE: [External] RE: Saltwater Palms express request Importance: High Tim, Has DEQ seen this Declaration of Easements? This establishes the Publix folks responsibility to maintain stormwater ponds, roads, etc. Specifically see Sections 2.1, 2.2, 3.4 & 3.5. Jeffrey P. Keeter Block, Crouch, Keeter, Behm & Sayed, LLP 310 North Front Street, Suite 200 Wilmington, North Carolina 28401 Phone: 910-763-2727 Fax: 910-762-6429 Pursugat to the N.('. Geri. 4tat. W, :.�L-1'A. Best Pr.actieccLState Bar Rulec and in order to Protect your funds-,, all funds in excess of S1,000.00 must be j•eceivvd by i0re to the trust account of Block, Crouch. Keeter, Bohm & Sw%ed, LIA". PI_.I::�SI: ('ON'I :1("I' Ol'I 01' IC*E '1'O VEMFY INSTRUCTION PRIOR TO TIZAN'S ISSION OF ANY WIRFe Y Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein. CONFIDENTIALITY STATEMENT This email transmission contains information from the law firm of Block, Crouch, Keeter, Behm & Sayed, LLP which may be legally privileged and confidential. It is intended only for the use of the addressee(s) shown above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of such information is strictly prohibited. If you have received this e-mail in error, please immediately notify us by reply e-mail or telephone (collect call accepted). Thank you. From: Tim Clinkscales Sent: Monday, October 01, 2018 2:05 PM To: Jeff Keeter < i;ee.erc_��:klawfirm.cor:» Cc: Andrew Smith <asmitlh®r ?oganhurncs.coi-r.>: Jessica Vamvakias i< v to .anhnmes.con+> Subject: FW: [External] RE: Saltwater Palms express request Jeff here is the response, I believe total overkill but just trying to get this resolved Thanks Tim Clinkscales PE, PLS PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.r)aramounte-eng.com From: Hall, Christine <Christine.Hal I@ ncs enr.gov> Sent: Friday, September 7, 2018 12:17 PM To: Tim Clinkscales<tclinkscales@paramounte-er!g:com> Cc: Weaver, Cameron <cameron.weaverC�ncdenr.Rov>; Scott, Georgette <georeettescott> Subject: RE: [External] RE: Saltwater Palms express request Tim, I talked to Georgette about this one. Before any Express meeting can be scheduled, this overlap between SW8 161204 needs to be resolved. You say that the road and infiltration basin is the responsibility of the Publix developers, however, no evidence has been provided yet to support that claim. The recorded map provided in your August 28' email does not show the entire access road and does not demonstrate who has been granted that easement. Additionally, the portion of the easement shown on that recorded document does not cover the SCM area. In order to schedule this proposed project into Express, you will need to provide documentation supporting the claim that the Publix developers remain responsible for the access road as well as the infiltration basin. Additionally, a second Express request will be needed for a minor modification to SW8 161204 to approve the applicable documentation supporting the claim that they remain responsible for these even though they no longer own the property. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct c_lr;st;ne.hall.^�c:ienr; ov 127 Cardinal Drive Ext. Wilmington, NC 28405 'NA Al fJixul r_ CIMr:sr--•s Smart ro .. is sobject to rile North taafichra Public f- �r. �._ � % . <:, = nisclosed to third parries. From: Tim Clinkscales <tclinkscalesC oaramounie-erog.com> Sent: Friday, August 31, 2018 3:16 PM To: Hall, Christine <Christine.Hn.11@ncdenr.ggp Cc: Weaver, Cameron <ramernn.weaver@ncdenr.anv> Subject: RE: [External] RE: Saltwater Palms express request If an agreement is required, we will provide a drainage easement on the property. The impervious of the road along with the infiltration basin is the responsibility of the Public developers and will stay that way. But you let us know what is needed by us and will provide at the express meeting. I ask if you can schedule us at the earliest time Thanks Tim Clinkscales PE, PLS PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www. paramounte-eng.com From: Hall, Christine <Christin,-.[jail (�ncderrg y> Sent: Thursday, August 30, 2018 3:43 PM To: Tim Clinkscales<tciinkscales@aztrz.mounte-eng.cum> Cc: Weaver, Cameron <can_ieron.weaver c ncdenrgo_v> Subject: RE: [External] RE: Saltwater Palms express request What kind of agreement? The SCM is not in an easement for drainage, maintenance, or access. Please provide additional details. I'm trying to ensure that your proposed project will not put SW8 161204 out of compliance. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct chnstine. ncdenr,gg? 127 Cardinal Drive Ext. Wilmington, NC 28405 From: Tim Clinkscales [m�.ilo: iink�c.� ra:' .^r note-en.�ram] Sent: Thursday, August 30, 2018 3:22 PM To: Hall, Christine Cc: Weaver, Cameron Subject: RE: [External] RE: Saltwater Palms express request It will remain in place, but we will have an agreement recorded as needed before the express meeting. Please confirm that will suffice Thanks Tim Clinkscales PE, PLS PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.paramounte-eng.com From: Hall, Christine <Christine.Hall@ncdenr.gov> Sent: Tuesday, August 28, 2018 11:44 AM To: Tim Clinkscales<tclinkscales@paramounte-eng.com> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: RE: [External] RE: Saltwater Palms express request The easement does not cover the SCM area. Do you have anything supporting the permittee of SW8 161204 will remain the owner of the SCM and be in charge of handing the 0&M for it? 4 Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall fncdt nr.ctoy 127 Cardinal Drive Ext. Wilmington, NC 28405 -,o, hir.q CorrpjrC�. E-rna6 cvrrespontlenre tin, anc, from this address rs subject to the .NorY, Carolina pwific P,ecords La►., and may be dist7losed to flpr.!r' ies From: Tim Clinkscales mai,-i:o:tclinkscalts c naramountf ; enx-.corn] Sent: Tuesday, August 28, 2018 11:40 AM To: Hall, Christine <Christine.Hall @ncdenr.gov> Cc: Weaver, Cameron <cameron.weave r@ncdenr.goJ> Subject: [External] RE: Saltwater Palms express request Christine I understand a little of the confusion on things, but here is the survey map. The ingress/egress easement (Market Place Blvd.) has been constructed and the infiltration basin as well, it is part of the shoppig centers . It will not be part of this project therefore does not need to be updated. Our proposed ponds only handle SW from the site plan shown. Please let me know what additional info needed to schedule Thanks Tim Clinkscales PE, PLS PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.paramounte-enci.com From: Hall, Christine <Christine_Hal.l &ncdenr._goy> Sent: Tuesday, August 28, 2018 8:50 AM To: Tim Clinkscales<tclinkscales@paramounte-en..com> Cc: Weaver, Cameron <cameron weaver@ ncdenr.pov> Subject: Saltwater Palms express request Tim, Cameron brought the express request for Saltwater Palms tome for consideration in the express program. In looking at the request and at the adjacent permit for Ocean Isle Market Place (SW8 161204), Infiltration Basin 2 appears to now be on the property to be subdivided and developed by OIB Development, LLC. I looked at the Brunswick County GIS website and the SCM and the road area treated in the SCM does appear to be located in this subdivided parcel. In order to be able to schedule Saltwater Palms into Express, you will either need to submit a second request to modify Ocean Isle Market Place, SW8 161204, to remove the SCM and associated area from that permit or demonstrate that this area remains with Ocean Isle Market Place. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources - State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.i:z,+ A4c�rr.r:w, 127 Cardinal Drive Ext. Wilmington, NC 28405 l� 6 Prcnarler I ;1 Waalrq Int �k Cic m Cash $ Refund: — Ca:.h Finance 5roi Nonsoi doaM.—I are il!egiLla due to condition bf original, f i ; 7lment contelns t .As vadfied L•y anginal IAr;dths;eannothsrepmduoedorcooed. IIIII�ulllllIIIIIIIIIIIINIIIIIIII 13E p0250 7_z0101 OP Brunswick County, NC Register of Deeds page t of 83 J +rs f &Vu,,,, ddt Mail after recording to: Harbor City Title Insurance rtyoerWii, oee NL-l:srnses( Agency, Inc., 6201 Fairview Road, Suite 325, a*" % �� C. S'wks Charlotte, NC 28210, File No. 16'ra r Z338 EASEMENTS, COVENANTS, AND RESTRICTIONS AGREEMENT THIS EASEMENTS, CO NANTS, AND RESTRICTIONS AGREEMENT (this Agreement") is made this day of , 2017, by and between Halpern Ocean Isle, LLC, a Georgia limited liability company ("Halpern") and DWE TIMBER. LLC, a North Carolina limited liability company ("DWE"). RECITALS The following. Recitals set out the background for and are a part of this Agreement: A. Halpern is the owner of fee simple title to the following parcels of land located in Brunswick County, North Carolina: (i) the land identified as the "Shopping Center Parcel' in the drawing attached hereto as Exhibit'A-1' and made a part hereof (the "Shopping Center Parcel°), which Shopping Center Parcel Is more particularly described in the legal description attached hereto as Exhibit "A-2' and made a part hereof, (ii) the land identified as "Outparcel 1" in the drawing attached hereto as Exhibit 'B-1" and made a part hereof, which Outparcel 1 is more particularly described in the legal description attached hereto as Exhibit 'B-2' and made a part hereof, (iii) the land identified as 'Outparcel 2" In the drawing attached hereto as Exhibit "C-1' and made a part hereof, which Outparcel 2 Is more particularly described in the legal description attached hereto as Exhibit'C-2' and made a part hereof,, and (iv) the land identified as the "Commercial Parcel" in the drawing attached hereto as Exhibit "D-1' and made a part hereof, which Commercial Parcel is more particularly described in the legal description attached hereto as Exhibit "D-2' and made a part hereof, and which Commercial Parcel is the same property identified as "Phase II" on the Public Site Plan (as defined below) (individually a 'Halpern Parcel', and collectively, the "Halpern Illllllllll ll 111llllllllil ll Jill 11111 arend P02 Clemons is 7 PROP Brunswick County, NC Register of Deeds page 2 of 53 ' Parcels") (Outparcel 1 and Outparcel 2 are individually, an "Outparcel" and collectively, the "Outparcels"). "Publix Site Plan" shall mean the Site Plan attached hereto as Exhibit "P" and made a part hereof. B. DWE is the owner of fee simple title to the parcel of land adjacent to a portion of the southern boundary of the Halpern Parcels identified as the "DWE Parcel" in the drawing attached hereto as Exhibit "E-1" and made a part hereof (the "DWE Parcel"), which DWE Parcel is more particularly described in the legal description attached hereto as Exhibit "E-2" and made a part hereof. i C. The Shopping Center Parcel, Outparcel 1, Outparcel 2, the Commercial Parcel, and the DWE Parcel may be collectively referred to below as the "Property" or the "Parcels" and may each individually be referred to as a "Parcel." In the event of the subdivision of a Parcel from. time to time, the resulting parcels of land may be individually referred to as a "Parcel" and collectively as part of the "Parcels". The term Owner means a natural person or artificial entity having legal capacity (a "Person") who from time to time holds fee simple title to any Parcel. if more than one Person holds the fee simple title to any Parcel, all such holders, collectively, jointly and severally, shall be the Owner of such Parcel. D. The general physical relationship between the Parcels Is shown on the sketch of the Property (the "Site Plan") attached hereto as Exhibit "F" and made a part hereof. D. The term "Permittees" shall mean, from time to time, the tenant(s) of a Parcel and the respective employees, agents, contractors, customers, invitees and licensees of the Owner, tenant(s) or oocupant(s) of such Parcel. E. The term "Common Area" shall mean those portions of the Parcels 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. Notwithstanding anything contained in this Agreement to the contrary, as long as Publix (as said term is hereinafter defined), its subsidiaries or affiliates has a leasehold or ownership interest in all or any portion of the Shopping Center Parcel, the Common Areas shall exclude (collectively, together with the Publix Storeroom, the "Pubiix Premises'): (i) the entire sidewalk lying directly in front of the Publix building (which building, including appurtenant vestibules, is collectively hereinafter, the 'Publix Storeroom"), and extending from the outside face of the front wall of the Publix Storeroom to and including the face of the curb abutting the. sidewalk, and extending the full width of the Publix Storeroom (the "Publix Sidewalk"); (ii) the area lying outside of but adjacent to the Publix Storeroom, within which is located certain improvements including, without limitation, emergency walkways (to the extent exclusively serving the Publix Storeroom), loading docks, truck pits or ramps, scissor lifts, trash compactor, transformer, and utility meters serving the Publix Storeroom (the "Publix Service Area"); 2 - - .'^'g.�-:, "�I : iffz.:acrw•yr�!rrr�+�ru�iw-�Cl��i is ..:e "L�9.ric�o%ecru_+..=.�:':�:••'v17.':.'sa� :. ��'r;.�'A. R,4Y[r�Y-:£' .:..�!�.�rr.:l IIIIHillIIII IIIIIIIIIIIIIIIIII IIIII B�23 ?s ? ns z''P Brunswick County. NC Register of Deeds page 3 of 53 _ and (iii) the area comprising the roof canopy and related support structures (but not the paved areas) adjacent to the side wall of the Publix Storeroom. F. The term "Tenant shall mean a commercial tenant that exclusively leases ten thousand square feet (10,000 S.F.) or more of a Parcel during the term of such tenant's lease of such Parcel (the "Tenant Lease"). For purposes of such square footage calculation, any portion of the Common Area of a Parcel that the tenant has the non-exclusive right to use with other tenants of such Parcel shall not be included. The term °Tenants" shall mean each Tenant collectively. Each Tenant is deemed to be a third party beneficiary to this Agreement during the term of its Tenant Lease. Publix North Carolina LP, a Florida limited partnership, has entered into a lease with Halpern for a portion of the Shopping Center Parcel (as amended from time to time, the "Publix Lease"), and during the term of the Publix Lease, the Tenant thereunder ('Publix") shall be deemed to be a Tenant. G. Halpern and DWE each desires that the development upon the Property be integrated in certain respects, and in furtherance thereof intends to establish certain covenants and restrictions upon the -Property or portions thereof, and to establish certain rights and easements for the benefit of various portions of the Property. NOW, THEREFORE, Halpern and DWE agree that the Property and all portions thereof is and shall be held, used, transferred, mortgaged, leased, sold, conveyed and occupied subject to the terms, conditions, covenants, restrictions, rights, obligations, duties, and easements (collectively the "Covenants and Restrictions") hereinafter set forth. ARTICLE 1: PROPERTY SUBJECT TO THIS AGREEMENT The Property shall be held, used, transferred, mortgaged, sold, conveyed and occupied subject to this Agreement The Covenants and Restrictions set out herein are to run with the land, regardless of whether or not they are specifically mentioned in any deeds or conveyances of Parcels or portions thereof subsequently executed. The foregoing recitals are incorporated herein by reference. ARTICLE 2: EASEMENTS Section 2.1 Access Easements. (a) Halpern hereby establishes, gives, grants, dedicates, declares, and conveys a perpetual, non-exclusive easement for vehicular and pedestrian ingress and egress for the benefit of all of the Parcels over the portion of Market Place Boulevard located on the Shopping Center Parcel. For purposes hereof, such portion of Market Place Boulevard is deemed to be that certain driveway to be located on the Shopping Center Parcel between the southern boundary of Beach Drive and the northern boundary of the DWE Parcel, which portion of Market Place Boulevard is more - 3 ..-F...... a^;4:5: �%A: �r �:l-- __ _--'`}Bc':: :.::.. .':a'�:::s' s. r„_ :... ..: :.__ _ C::_. ;{C�!!;•!!_?'- ..._ ..� ...__._.. -..�-� ,...emu. ____ ' .... .. II IIIII II II II III I I II II II II II IIIII I III Bz3 P0253 m o45 2; 3OP Brunswick County, NC Register of Deeds page 4 of 53 particularly described in the drawing attached hereto as Exhibit "G" and made a part hereof. (b) DWE hereby establishes, gives, grants, dedicates, declares, and conveys a perpetual, non-exclusive easement for vehicular and pedestrian ingress and egress for the benefit of the Halpern Parcels over the portion of Market Place Boulevard located on the DWE Parcel. For purposes hereof, such portion of Market Place Boulevard is deemed to be that certain driveway to be located on the DWE Parcel between the northern boundary of Culpepper Road and the southern boundary of the Shopping Center Parcel, which portion of Market Place Boulevard is more particularly described in the drawing attached hereto as Exhibit "H" and made a part hereof. (The portion of Market Place Boulevard located on the Shopping Center Parcel and on the DWE Parcel are collectively deemed to be Market Place Boulevard.) (c) Halpern hereby establishes, gives, grants, dedicates, declares, and conveys a perpetual; non-exclusive easement for vehicular and pedestrian ingress and egress (the "Causeway Drive Driveway Easement') for the benefit of Outparcel 1, Outparcel 2 and the Commercial Parcel over the Causeway Drive Driveway. The Causeway Drive Driveway is deemed to be that certain driveway to be located upon the portion of the Shopping Center Parcel that is adjacent to the eastern boundary of Causeway Drive, which Causeway Drive Driveway is more particularly described in the drawing attached hereto as Exhibit "I" and made a part hereof. (d) In addition to the easements for the use of the Market Place'Boulevard and the Causeway Drive Driveway described in Subsections 2.1 (a), (b), and (c) above, Halpern hereby establishes, gives, grants, dedicates, declares, and conveys for the benefit of each Halpern Parcel over the other Halpern Parcels, a non-exclusive right and easement for the continuous, perpetual, and unrestricted access for vehicular and pedestrian ingress and egress, over all walkways, driveways, access ways, paved areas, and other improvements erected or located with the Common Area upon such other Halpern Parcels which are now or may hereafter from time to time be used for purposes of vehicular and pedestrian ingress and egress, provided, however, that the Owner of the burdened Halpern Parcel shall have the right at any time to replace, after, modify, and to relocate said improvements, and that said Owner of the burdened Halpern Parcel. shall have the right to expand any buildings or to erect additional buildings on such ways, areas, and improvements from time to time (Nothing contained in this Subsection 2.1 (d) permits Market Place Boulevard or the Causeway Drive Driveway to be replaced, altered, modified, or relocated or otherwise affects the easements created in Subsections 2.1 (a), (b), or (c) above.). Notwithstanding anything contained In this Agreement to the contrary, this Agreement does not create any parking rights or easements of any kind. (e) The Owner of a Parcel encumbered by an easement described in Subsections 2.1 (a), (b), (c), or (d) above (the access ways therein described are hereinafter individually referred to as a "Driveway" and collectively referred to as the "Driveways") shall have the right to dose all or any portion of a Driveway located upon - 4 - t;r.1.—ram`'-.ta.�r_sY':. "•:f!/td - .-:_ �Y,-.$'YL'^�,-;.&".- ._ 1.Y;'!'.`:?`-. I :. �I�II���IIIIIIIIIIII��f l�yl�ll�l�Il Brenda n. Clemmons PROP ``', 83923 P@25� 22-20,7 i°�47�27 e0' Brunswick County, RC Register of Deeds page 5 of 53 its Parcel as necessary to avoid a dedication of the Driveway to the public for use or to f temporarily discourage any unauthorized use thereof, provided, however, that such closure shall not persist for more than one (1) day during any calendar year (unless a longer period is required by then applicable law to accomplish the purposes stated above) and shall not occur during the period from November 20'^ to December 25'" of any calendar year. Section 2.2 Drainage Easements. Halpern hereby establishes, gives, grants, dedicates, declares and conveys a perpetual, non-exclusive easement for the flow of storm water from the Halpern Parcels into the Storm Water Facilities (as said term Is hereinafter defined) to be located upon or under the Shopping Center Parcel and the Commercial Parcel (the "Storm Water Easement"). For purposes hereof, the Storm Water Facilities are deemed to be the two (2) detention ponds, those storm water lines, and the related facilities to be located at approximately the locations on and under the Shopping Center Parcel and the Commercial Parcel depicted in the drawing attached hereto as Exhibit "K" and made a part hereof. Section 2.3 Sanitary Sewer Easement. (a) Halpern hereby establishes, gives, grants, dedicates, declares and conveys a perpetual, non-exclusive easement for the flow of sanitary sewage from the DWE Parcel, Outpercel 1, Outparcel 2, and the Commercial Parcel through the Sanitary Sewer Facilities (as said term is hereinafter defined) to be located under the Shopping Center Parcel. For purposes hereof, the Sanitary Sewer Facilities are the pump station, the force main lines, and those sanitary sewer lines and related facilities to be located at approximately the locations under the Shopping Center Parcel described in the drawing .attached hereto as Exhibit'V and made a part hereof. (b) The Owner of the Shopping Center Parcel may cause the Sanitary Sewer Facilities to be publicly dedicated in whole or in part. Section 2.4 Wier Line Easements. Halpern and DWE each hereby establishes, gives, grants, dedicates, declares and conveys a perpetual, exclusive easement for the flow of potable water to the Halpern Parcels through the Water Lines to be located under the Shopping Center Parcel and under the DWE Parcel. For purposes hereof, the Water Lines are those water lines and related facilities to be located at approximately the locations under the Shopping Center Parcel and under the DWE Parcel described in the drawing attached hereto as Exhibit V' and made a part hereof. - G - :..,.7..,...�.,.,..:.,.. ,._ III I IIIIII IIII IIIIIIIIII IIIII II I III Brend M. Cl m offs �� 7,01 DROP Brunswick County, NC Register of Deeds page 6 of 53 Section 2.5 Additional Utility Easements. (a) In addition to the easements described in Sections 2.2, 2.3, and 2.4, Halpern hereby establishes, gives, grants, dedicates, declares and conveys for the benefit of each of the Halpern Parcels (a "Benefitted Parcel"), a perpetual, non- exclusive right and easement under those parts of the Common Areas of each of the other Halpern Parcels (the "Burdened Parcel") for the installation, use, maintenance, repair and replacement of water mains, storm drains, sewers, water sprinkler system lines, telephone or electrical conduits or systems, cable, gas mains, and other utility facilities necessary for the orderly development and operation of the Benefitted Parcel (individually an "Additional Utility Facility" and collectively the "Additional Utility Facilities"); provided that: (i) the rights granted pursuant to such easements shall at all times be exercised in such a manner as not to interfere materially with the existing or anticipated future normal operation of the Burdened Parcel or the business conducted or anticipated in the future to be conducted therein; (ii) the exact location of any utilities shall be subject to the prior written approval of the Owner of the Burdened Parcel, which approval (the "Approval") shall not be unreasonably withheld, conditioned, or delayed. The Owner of the Burdened Parcel shall deliver the Approval to the Owner of the Benefitted Parcel in recordable form. The Approval must be recorded in the County Records (as said term is hereinafter defined) to be effective. The Approval shall not be binding upon a successor in title to the Burdened Parcel unless it was recorded in the County Records before such successor acquired title to the Burdened Parcel; and (iii) except in an emergency, the right of an Owner or a Permittee to enter upon the Parcel of another Owner for the exercise of any right pursuant to such easements shall be conditioned upon providing reasonable prior advance written notice to the other Owner ,as to the time and manner of entry. All such systems, structures, mains, sewers, conduits, lines and other public utilities shall be installed and maintained below the ground level or surface of the Burdened Parcel (except for such parts thereof that cannot and are not intended to be placed below the surface, such as transformers and control panels, which shall be placed in such locations as approved by the Owner of the Burdened Parcel.). (b) From time to time, the beneficiary of an Additional Utility Facility may cause such Additional Utility Facility to be publicly dedicated, provided. that such dedication is consistent with the terms of this Agreement. Section 2.6 General Provisions relating to Utility Easements. The easements described in Sections 2.2, 2.3, 2.4, and 2.5 are hereinafter Individually referred to as a "Utility Easement" and are hereinafter collectively referred to as the "Utility Easements". Without limiting anything contained in said Sections, the following additional terms and provisions apply to the Utility Easements: - 6 - Y �r IIIIIIIUIII IIIIHIIIIIIIIIIIIIIIII Bre P�ZSl @ ons=z0'PROP 9runsuick County, NC Register of Deeds page 7 of 53 (a) No building or other similar structure shall be 'constructed above the portion of a Parcel burdened by a Utility Easement, provided, however, that the Owner of the burdened Parcel reserves the right to improve and to use the portion of its Parcel burdened by such Utility Easement by, without limitation, installing curbs, gutters, pavement, and landscaping within such easement area; (b) The Owner of the Parcel benefitted by such Utility Easement shall make a commercially reasonable effort to minimize interference with the use and occupancy, of the Parcel burdened by the Utility Easement, and shall promptly restore and repair any damage that it causes to the burdened Parcel arising out of its exercise of any of its nights or duties herein described; (c) Except as may be expressly provided in this Agreement to the contrary, any utility facilities installed on account of a Utility Easement shall be below ground; (d) The Owner of a Parcel burdened by a Utility Easement may, from time to time, at its sole cost and expense, relocate the portion of such Utility Easement located upon its Parcel, subject to the prior written approval of the Owners of the Parcels benefltted by such Utility Easement, which approval shall not be unreasonably withheld, conditioned, or delayed. In the event of such relocation, the Utility Easement granted herein for the .benefit of the other Parcel for use of such Utility Easement shall be deemed to have been relocated to the new location of such Utility Easement, and such Utility Easement, as amended, shall be deemed to be superior to any existing or future mortgage, deed of trust, 'deed to secure debt, or similar security instrument encumbering said burdened Parcel. Upon the request of an Owner of the benefitted Parcel, the Owner of such burdened Parcel shall promptly create, sign, deliver and record such an amendment in the County Records; and (a) To the extent that this Agreement provides that a utility facility is to be located "approximately" within the Utility Easement depicted In an exhibit attached to this Agreement (i) such utility facility must be located within ten feet (10) of the corresponding Utility Easement depicted in said exhibit, and if not located within ten feet (10') of the Utility Easement, if such location is not inconsistent with the development of the Property as provided in this Agreement, including, without limitation by being .located within a budding footprint or under or within the Publix Service Area or Publix Sidewalk or otherwise in violation of the terms hereof, then such utility facilities may remain where constructed, and this Agreement must be amended pursuant to the terms of Section 8.2 below to reflect the as -built location of such utility facility, and (ii) following the initial installation of such utility facilities on any of the Halpern Parcels, Halpern shall prepare replacement exhibits depicting the actual, 'as -built location and dimensions of such Utility Easements, and this Agreement shall be amended pursuant to the terms of Section 8.2 below to reflect the initial as -built location of such utility facility. Notwithstanding anything to the contrary in this Agreement, in no event shall any Utility Easement or utility facility be located under or within the Public Service Area or Publix Sidewalk. - 7 - II I I IIIII II II III III I II I II IIIIIIII III Brenda M.P025? m75 ons ?'PROP Brunswick County, NC Register of Deeds page 8 of 53 Section 2.7 Public Utility Easements. From time to time, a public or a quasi - public utility provider (a "Utility Provider") may require a utility easement under (or to the extent necessary over) a Parcel in order to provide utility service to another Parcel (a "Public Utility Easement'). Each Owner covenants and agrees to execute and to deliver such a Public Utility Easement promptly following the request of a Utility Provider from time to time, provided that the Public Utility Easement does not interfere materially with the existing or anticipated future normal business operation of its Parcel or the business conducted or anticipated in the future to be conducted therein, provided that such Public Utility Easement has been prepared utilizing the Utility Provider's customary form, and provided that a commercially reasonable effort has been made to incorporate into such form typical "grantor" oriented provisions including, without limitation, provisions that permit the Owner and the Tenant of the burdened Parcel to relocate such Public Utility Easement, and a provision requiring the Utility Provider to restore the surface after exercising such utility rights and requiring the Utility. Provider to seek to minimize disruptions to the businesses being operated within the Property. Section 2.8 Sian Easement. Halpern establishes, gives, grants, dedicates, and conveys for the benefit of the DWE Parcel a perpetual, exclusive easement to utilize the DWE Panel on the Beach Drive Sign. For purposes hereof, the Beach Drive Sign is that certain sign to be erected upon the portion of the Shopping Center Parcel near Beach Drive at approximately the location more particularly described in the drawing attached hereto as Exhibit "N-1" and made a part hereof, and the DWE Panel is deemed to be collectively the panels on each side of the Beach Drive Sign labeled as "DWE Sign Panel" in the Beach Drive Sign drawing attached hereto as Exhibit "N-2" and made a part hereof. The DWE Panel shall only be used to identify the business being operated on the DWE Parcel, and the DWE Panel shall be subject to the prior written approval of Publix, such approval not to be unreasonably withheld, conditioned or delayed. Until such time as a land disturbance permit Is issued for the development of the DWE Parcel, the Owner of the Shopping Center Parcel may use or authorize use of the DWE Panel. Section 2.9 Temporary Construction Easements. DWE hereby establishes, gives, grants, dedicates, and conveys to Halpern and its contractors, temporary, .non- exclusive easements to enter such portions of the DWE Parcel as is necessary to construct Market Place Boulevard and such other improvements on the DWE Parcel as Halpern may be obligated to construct pursuant to the terms of that certain Development Agreement between Halpern and DWE being entered into contemporaneously herewith (the "DWE Parcel Improvements"), and to construct the Water Lines, which temporary construction easements shall terminate contemporaneously with the completion of the construction of the DWE Parcel Improvements and the Water Lines. Section 2.10 General Easement. The rights and easements granted in this Agreement are hereinafter collectively referred to as the "Easements", and the areas encumbered by the Easements are hereinafter collectively referred to as the "Easement -- 8 - i llltlliltIIIII IIIIIIIIII IIIIlIIIIII B�?3 M. Cl coons-�01PROP Brunswick County, NC Register of Deeds page 9 of 53 Areas". The Easements include the right of ingress and egress over, across, and upon the Property for purposes Incidental and necessary to the exercise of the Easements, rights, privileges, and obligations herein created, including, without limitation, the maintenance obligations described in Article 3 and the self-help rights described in Section 6.2. The rights and Easements herein created shall be for the benefit and restricted solely to the Owners of the Property, and any Pemsittees of the Property, but not for the benefit of the general public, whether as a third party beneficiary or otherwise, except as may be expressly provided in this Agreement to the contrary. There shall be no merger of the Easements created and reserved hereby with the fee estate of Halpern, by reason of the fact that Halpern may own or hold the estate or interest encumbered by such Easements and the fee estate of any of the benefitted Property. ARTICLE 3: MAINTENANCE Section 3.1 Pro -Construction. Until such time as buildings and/or related improvements are constructed on a Parcel, the Owner thereof shall maintain the Parcel in a clean and neat condition and shall' take such measures as are necessary to control grass, weed's, blowing dust or dirt and litter or debris. Section 3.2 Buildings. Each Owner covenants to keep and maintain the building(s) 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, 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) tear down and remove all portions of such damaged or destroyed building then remaining, including the debris resulting therefrom, and otherwise clean and restore the area affected by such casualty to a level, graded condition, and thereafter maintain such area in accordance with the terms of Section 3.1 above. Section 3.3 Common Areas. Each Owner covenants to keep and maintain the Common Areas located from time to time on its respective Parcel in good order, condition and repair. Section 3.4 Maintenance of Driveways. The Owner of each Parcel shall maintain all Driveways located upon its Parcel in a good state of repair at its sole cost and expense, provided that the Owner of the Shopping Center Parcel shall maintain in a good state of repair at its sole cost and expense the entire Market Place Boulevard (the `Market Place Boulevard Driveway Maintenance"). After a certificate of occupancy is Issued for any portion of the DWE Parcel or the Commercial Parcel, the Owner of such Parcel (the `Developed Parcel°) shall be obligated to reimburse the Owner of the Shopping Center Parcel for a prorate share of the subsequent cost of the Market Place Boulevard Driveway Maintenance, which prorate share shall be the product formed by divining the acreage of ¢uch Dnvelnn_PA Parcel by the sum of the acreage of all of the Developed Parcels, the Shopping Center Parcel, Outparcal 1, and Outparcel 2, which - 9 - -� sr IIIIIIIIIIIIIII!IIIIIIIIIIIIII IIIIII -21 B39Brenda Cmo�sPROP Brunswick County, NC Register of Deeds page le of 53 reimbursement amount shall be paid to the Owner of the Shopping Center Parcel within thirty (30) days after the date that the Owner of the Shopping Center Parcel delivers to the Owner of the Developed Parcel evidence of the cost of such Market Place Boulevard Driveway Maintenance. For clarification, the "Developed Parcel' shall be deemed to include the entire Parcel and not merely the portion of such Parcel that has been developed. Section 3.6 Maintenance of Storm Water Facilities. The Owner of the Shopping Center Parcel shall maintain in a good state of repair at its sole cost and expense the Storm Water Facilities. The Owner of each Developed Parcel within the Commercial Parcel shall reimburse the Owner of the Shopping Center Parcel for a prorata share of the subsequent cost to maintain the Storm Water Facilities, which prorate share shall be the product formed by dividing the acreage of such Developed Parcel by the sum of the acreage of all of the Developed Parcels within the Commercial Parcel, the Shopping Center Parcel, Outparcel 1, and Outparcel 2, which reimbursement amount shall be paid to the Owner of the Shopping Center Parcel within thirty (30) days after the date that the Owner of the Shopping Center Parcel delivers to the Owner of the Developed Parcel within the Commercial Parcel evidence of such maintenance costs. Section 3.6 Maintenance of Sanitary Sewer Facilities and Reimbursement. Unless and until the Sanitary Sewer Facilities are publicly dedicated, the Owner of the Shopping Center Parcel shall maintain the Sanitary Sewer Facilities in a good state of repair at its sole cost and expense, The Owner of each Developed Parcel shall reimburse the Owner of the Shopping Center Parcel for a prorate share of the subsequent cost to maintain the Sanitary Sewer Facilities, which prorate, share shall be the product formed by dividing the acreage of such Developed Parcel by the sum of the acreage of all of the Developed Parcels, the Shopping Center Parcel, Outparcel 1, and Outparcel 2, which reimbursement amount shall be paid within thirty (30) days after the Owner of the Shopping Center Parcel delivers to the Owner of such Developed Parcel evidence reasonably demonstrating the cost of such maintenance. Section 3.7 Maintenance of Water Lines. The Owner of the Shopping Center Parcel shall maintain the Water Lines in a good state of repair at its sole cost and expense. The Owner of each Developed Parcel shall reimburse the Owner of the Shopping Center Parcel for a pro rate share of the subsequent cost to maintain the Water Lines, which pro rata share shall be the product formed by dividing the acreage of such Developed Parcel by the sum of the acreage of the Developed Parcels, the Shopping Center Parcel, Outparcel 1, and Outparcel 2, which reimbursement amount shall be paid within thirty (30) days after the Owner of the Shopping Center Parcel delivers to the Owner of such Developed Parcel evidence reasonably demonstrating the cost of such maintenance. - 10 - '��=`'*��'�_ - e __ � :�?a.=_�:�=fr,:�=-���.±w..=.• .. a:::.r,;=.:orar.'�-s^�ro.rwa;._ .... ... .: �.F�F:-��..':-.:w,7a� I III III III II it II I I II II II II III II I I III Basza p0zs� q -� PROP Brunswick County, NC Register of Deeds pageOn5 71 of 53 Section 3.8 Maintenance of Signs. The Owner of the Shopping Center Parcel shall maintain the Beach Drive Sign in a good state of repair at its sole cost and expense, provided, however, that after a land disturbance permit is issued for any portion of the DWE Parcel, the Owner of the DWE Parcel shall reimburse the Owner of the Shopping Center Parcel for twenty-five percent (25%) of the cost of the maintenance of the Beach Drive Sign within thirty (30) days from the date that the Owner of the Shopping Center Parcel delivers to the Owner of the DWE Parcel evidence of such costs, and the Owner of the DWE Parcel shall be obligated to maintain the DWE Panel in a good state of repair at its sole cost and expense. Section 3.9 Maintenance of Additional Utility Facilities. Until such time as an Additional Utility Facility is publicly dedicated, if ever, the Owner of the Benefrtted Parcel shall maintain such Additional Utility Facility in a good state of repair at its sole cost and expense_ Section 3.10 No Release. Nothing contained in this Article 3 is intended to release an Owner or a Permittee from any liability or obligation arising out of its negligence or intentional misconduct. Section 3.11 Reimbursement of the Owner of the Shopping Center Parcel. (a) The Owner of Outparcel 1 and Outparcel 2 shall each pay to the Owner of the Shopping Center Parcel the amount of Three Thousand 001100 Dollars ($3,000.00) per calendar year (the `Outparcel Reimbursement Fee") commencing on January 1, 2018, and continuing on the same day of each year thereafter to partially reimburse the Owner of the Shopping Center Parcel for the cost of perforating its maintenance obligations described in this Article 3. (b) The Outparcel Reimbursement Fee shall automatically increase by fifteen percent (15%) on January 1, 2023, and on the first day of each fifth (e) year thereafter. ARTICLE 4: RESTRICTIONS Section 4.1 General Restrictions. Each Parcel shall be used only for lawful purposes in conformance with all restrictions imposed by applicable governmental laws, ordinances, codes and regulations, and no use or operation shall be made, conducted or permitted on or with respect to any portion of a Parcel which is prohibited by any such law, ordinance, code or regulation. In addition, no portion of any Parcel shall be used for the following uses: (1) any nude or semi-nude dancing establishment; (ii) any so-called adult or X-rated bookstore or X-rated video store; (III) any so-called "head shop" selling or displaying paraphernalia for the use of illegal drugs; (iv) any business which principally features sexually explicit products; (v) a massage parlor, (vi) a tattoo parlor; (vii) a body piercing facility; or (viii) an abortion clinic or any other facility in which human abortions are performed. — 11 — IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I1N B39z3 p82si1 11s z;'PROP Brunswick County, NC Register of Deeds page 12 of 53 Section 4.2 Publix Restrictions. (a) The Property may not be used in violation of any of the restrictions or requirements in the Publix Lease that are described in Exhibit "O" attached hereto and made a part hereof (the 'Publix Restrictions"). The Publix Restrictions shall not restrict the use of the Property by Publix, its subsidiaries or affiliates. The Publix Restrictions shall remain in effect as long as Publix or its subsidiaries or affiliates has a leasehold or ownership interest in the Shopping Center Parcel, and thereafter until the Owner of the Shopping Center Parcel, in its discretion, records an instrument in the County Records that eliminates or modifies some or all of the Publix Restrictions. Section 4.3 Plan Approval for Outparcels. No improvements shall be made to or constructed upon the Outparcels (except for interior improvements that are not visible from the exterior thereof) unless the Owner of the Shopping Center Parcel has provided its written approval of the plans and specifications (the "Plans and Specifications") for such improvements, which approval shall not be unreasonably withheld, conditioned, or delayed. ARTICLE 5: AFFIRMATIVE COVENANTS Section 5.1 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. ARTICLE 6• REMEDIES AND ENFORCEMENT 6.1 All Legal and Equitable Remedies Available. In the event of a breach or threatened breach by any Owner or its Permittees of any of the terms, covenants, restrictions or conditions hereof, the other Owners and Tenants 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. Each Tenant shall have the right, but not the obligation, to enforce this Agreement on behalf of its Owner and/or to cure a breach or default hereunder by its Owner, which enforcement or cure shall be accepted by the other Owner(s) as if effected by its Owner of such Parcel. 6.2 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 a Tenant (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), any Tenant or any Owner shall havethe 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 Bank of America (its successors or assigns), plus two percent (2%) (not to - 12 - IIIII ilflll IIIII IIIIIIIIn 8111111 III Brenda �02 l 4 z0'PRO, Brunswick County, NC Register of Deeds page 13 of 53 exceed the maximum rate of interest allowed by law). Notwithstanding the foregoing, in the event of (1) an emergency, and/or (11) blockage or material impairment of the easement rights, an Owner or Tenant 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. 6.3 Lien Rights. ' Any claim for reimbursement, including interest as aforesaid, and all costs and expenses Including reasonable attorney's fees actually incurred awarded to any Owner (or to a Tenant in connection with the exercise of its rights set forth in paragraphs 6.1 and/or 6.2 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 County Records, 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 j the County Records, prior to the date of recordation of said notice of lien, and (iii) 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 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. 6.4 Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity. . 6.5 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 invalid the lien of any mortgage or deed of trust upon any Parcel made in good faith for value, but the Covenants 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. 6.6 Irreparable Harm. In the event of a violation or threat thereof of any of the provisions of this Agreement, each Owner agrees that such violation or threat thereof shall cause the nondefaulting Owner and/or its Tenants to suffer irreparable harm and such nondefaulting Owner and its Tenants 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 this Agreement, the nondefaulting Owner and its Tenants 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 this Agreement. 6.7 Owner Obligation. In the event of a transfer of fee simple title to a Parcel, the transferor, as to.the Parcel transferred, shall cease to be liable and shall - 13 - .. __.. .i v Y! r.r; .... .• -a. f .� : + ' :�%yi iii . . .T.. yy .. %rr ' a r .mom r . ram_ ._............ _. _. __ __._ _,...,+._._ ....... ..__. ,. - - f•. I; 06 22 20 7 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Brend M. C1 o�s:2, DROP Brunswick County, NC Register of Deeds page 14 of 53 automatically be released from any and all liability for the performance or observance of any agreements or conditions on its part to be performed or observed hereunder accruing from and after the time of such transfer, it being understood and agreed that the obligations and liabilities set forth herein shall be personally binding upon the Owners only to the extent that they arise while such Owners own fee simple title to the Parcel giving rise to such obligation or liability. From and after each transfer, the transferee shall be liable for the performance and observance of this Agreement as to the Parcel conveyed to such transferee. ARTICLE 7: TERM 7.1 Term. The Covenants and Restrictions contained in this Agreement shall be effective commencing on the date of recordation of this Agreement in the County Records, shall remain in full force and effect thereafter in perpetuity and shall constitute covenants running with, and shall be appurtenant to, the Property, unless this Agreement is modified, amended, canceled or terminated by the written consent of all then record Owners of the Property and Publix in accordance with Paragraph 8.2 hereof. ARTICLE 8: MISCELLANEOUS 8.1 Attorneys' Fees. In the event a party (or a Tenant) 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 attorneys' fees actually incurred in the preparation and prosecution of such action or proceeding. 8.2 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 the Property and their Tenants evidenced by a document that has been fully executed and acknowledged by all such record Owners and their Tenants and recorded in the. County Records. (b) Notwithstanding anything contained in this Section 8.2 or elsewhere in this Agreement to the contrary, but subject to Section 8.2(d) below, in the event that a modification or an amendment to this Agreement does not affect a particular Parcel by further encumbering such Parcel, by increasing the obligations arising out of such Parcel or on the Tenant of such Panel, or by decreasing the rights inuring to such Parcel or the Tenant of such Parcel, then this Agreement may be modified or amended without the consent of the Owner or of the Tenant of such Parcel and without the consent of the holder of any first in priority mortgage encumbering such Parcel, Without limiting the generality of the foregoing, it Is expected that the Commercial Parcel shall be subdivided from time to time, and that the Owners of the resulting Parcels, with the consent of their Tenants and the holder of any first priority mortgage encumbering the - 14 - o�r NG ._-�°'+,-�'.�.-�ni+=}.a!t+�'.'—:.i"-`�"'�0C -= fi='"3�'Y �r:•.�w-w'-'-fr*'W; .. — ....�^5�0.�.:ra�!:Y ' ..__.-. _ .-r--�-�e�l`��.--__ IIiIId�lIIIIIIIIIIIIIIIIII�Iilllll MEp� 4 mo47 2101 PROP Brunswick County, NC Register of Deeds page IS of 53 resulting Parcels, may modify and amend this Agreement to revise the Site Plan to depict the resulting Parcels and/or to create rights and obligations between such resulting Parcels that. do not affect the other Parcels. The Owners of the resulting Parcels within the Commercial Parcel may so amend and modify this Agreement without the consent, approval or joinder of the Owner or the Tenant of the other Parcels and without the consent of the holder of any first in priority mortgage encumbering the F other Parcels, provided that such modification or amendment does not further encumber the other Parcels, increase the obligations of the other Parcels or the Tenant of the other Parcels, or decrease the rights of the other Parcels or the Tenant of the other h Parcels. I (c) The Owner of the Shopping Center Parcel shall have the right and power, acting unilaterally, to make technical amendments to this Agreement for the purpose of correcting scrivener's or other errors herein. Each Owner, by accepting a deed to any portion of the Property, appoints the Owner of the Shopping Center Parcel as its agent and attorney -in -fact for the purpose of executing and recording any such technical amendments, which power of attorney shall be coupled with an interest and is irrevocable. (d) Anything to the contrary contained herein notwithstanding, until such time as either the Public Lease has terminated or Publix or any of its affiliates no longer own any portion of the Shopping Center Parcel, (i) this Agreement may be abrogated, modified, rescinded or amended in whole or in part only with the consent of Publix, which consent may be withheld in Publ'uc's sole and absolute discretion; and (H) Publix i shall have the right to unilaterally waive or release, by a written instrument in recordable form, any of the covenants, restrictions and/or exclusive rights set forth in Exhibit "0" attached hereto. 8.3 Consents. Wherever in this Agreement the consent or approval of an j Owner or a Tenant is required, unless otherwise expressly provided herein, such consent or approval shall not be unreasonably withheld, conditioned, 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 a Tenant under this Agreement, to be effective, must be given, denied or conditioned expressly and in writing. 8.4 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. . 8.5 No Anoncv. 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. - 15 - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Brenda ?�z l offs-�� BROP Brunswick County, NC Register of Deeds page 16 of 53 8.6 Covenants to Run with Land. It is intended that each of the Covenants and Restrictions set forth herein shall run with the land and create equitable servitudes in favor of the real property benefitted 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. 8.7 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 Covenants and Restrictions 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. 8.8 Separability. Each provision of this Agreement and the application thereof to the Property 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 prepared. Ownership of multiple Parcels by the same Person shall not terminate this Agreement nor in any manner affect or impair the validity or enforceability of this Agreement. 8.9 Time of Essence. Time is of the essence in this Agreement. 8.10 EntireAgreement. 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. 8.11 Notices. Notices or other communication hereunder shall be in writing and shall be sent certified or registered mail, 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 each Tenant may change from time to time its respective address for notice hereunder by like notice to the other Owners and Tenants. Unless and until changed as aforesaid and except as set forth below, the notice address of each Owner shall be the billing addresses for each Owner as shown in the tax records of the County where the Property is located. For purposes hereof, until changed as hereinabove provided, all notices shall be given to the following addresses: - 16 - �... .vsl�3•'—f^�rtcs cud="1:1 =:y5: y :: "n°q�p"-"."I IIIINIn�!lIIIIIIIIIN1111111f11111 B�s� P026lro o------------- rs' 201 PROP Brunswick County, NC Register of Deeds page 17 of 53 Halpern: Halpern Ocean Isle, LLC 5200 Roswell Road 'Atlanta, Georgia 30342 Attn: William D. Brown, Jr. DWE: DWE Timber, LLC 2618 New Village Way Wilmington, North Carolina 28405 Attn: DeCarol Williamson Publix: Publix North Carolina LP c/o Publix Super Markets, Inc. Corporate Office 3300 Publix Corporate Parkway Lakeland, Florida 33811-3002 PO Box 407 Lakeland, Florida 33802-0407 With a copy to: Publix Super Markets, Inc. Managing Real Estate Attorney 3300 Publix Corporate Parkway Lakeland, Florida 33811-3002 8.12 Governina Law. The laws of the State in which the Parcels are located shall govern the interpretation, validity, performance, and enforcement of this Agreement. 8.13 F_stowel Certificates. Each Owner, within twenty (20) days of its receipt of a written request from the other Owner(s) or its Tenant shall from time to time provide the requesting Owner or its Tenant 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 in full force and effect and identifying any amendments to the Agreement as of the date of such certificate. 8.14 Bankruotcv. 1n the event of any bankruptcy affecting any Owner or occupant of any Parcel, the parties agree that this Agreement shall, to the 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. - 17 - IIIII IIIIIIII 83823 p0zs1 IIIIIIIIIIIIIIIIIIIIIIII a8_22.2a,7 75.47:2�.001 �' Brunswick County, NC Register of Deeds .,. Ins PROP page 18 of 53 8.15 Force Maieure. The obligations of the Owners to timely perform the work described in this Agreement shall be subject to delays caused by strike, war, act of God, and other causes beyond their reasonable control, provided, however, that in no event shall such delay be excused for more than three (3) months. 8.16 Interpretation. Unless the context expressly requires otherwise: (i) use of the singular includes the plural and vice versa; (H) the use of one gender includes all genders; (iii) the use of the terms "including" or "include" is without limitation; and (iv) the words "must," "should" and "will" have the same legal effect as the word "shall". This Agreement should be interpreted, construed, applied and enforced in a reasonable, practical manner to effectuate its purpose of protecting and enhancing the value, marketability, and economic utilization of the Property by providing for the sharing of certain facilities among certain of the Parcels. The various headings used in this Agreement are for indexing and organizational purposes only and are not to be used to interpret, construe or apply any of the terms or provisions of this Agreement. 8.17 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Property to the general public or for the general public or for any public purposes whatsoever, it being the intention of the Owners that this Agreement shall be strictly limited to and for the purposes herein expressed. 8.18 Privity of Contract andlor Estate. This Agreement shall create privity of contract and/or estate with and among all grantees of all or any portion of any Parcel, their respective heirs, personal representatives, successors and assigns. 8.19 Indemnity. Each Owner shall indemnify and hold harmless the other Owners from and against all claims, liabilities, and expenses (including reasonable attorneys' fees) relating to accidents, injuries, losses, damages, materialman's liens, of or to any person or property arising from or in any manner relating to the use by such indemnifying Owner or by .the Permittees of its Parcel of any Easement granted hereunder, except as may result from the negligence or intentional misconduct of the party being indemnified or the Permittees of its Parcel. 8.20 County Records. For purposes hereof, the term County Records is deemed to be the real estate records of the county where the Property is located. 8.21 Riahts of Publix. Anything to the contrary contained herein notwithstanding, until such time as either the Publix Lease has terminated or Publix or any of its affiliates no longer own any portion of the Shopping Center Parcel, Publix shall have the right, but not the obligation, to enforce this Agreement, and to avail itself of the remedies provided herein or otherwise at law or in equity for violation hereof, to the same extent as the Owner -of the Shopping Center Parcel. The rights of Public pursuant to this Agreement are intended to be in addition to the rights of Publix under the Publix Lease, and nothing in this Agreement shall be construed as reducing, diminishing, replacing or any way modifying the rights of Publix under the Publix Lease. - 18 - Il i I If I II U IIIII I I I I II II N Ill II(li 111 B3923 P0168 06-22-20,7 BrendadM, 47 21.007 Brunswick County, NC Register os Clemmons15; f DeePROP page 19 of 53 Notwithstanding any provisions of this Agreement to the contrary, to the extent of any inconsistency or conflict between this Agreement and the Publix Lease, the Publix Lease shall control and govem with respect to the parties to the Publix Lease only. Additionally, any terms or provisions of this Agreement that state that they are only effective so long as the Publix Lease is in effect or has not expired or terminated, or state that they expire upon expiration or termination of the Publix Lease, including, but not limited to, the first sentence of this Section 8.21, shall remain in full force and effect if the expiration or earlier termination of the Publix Lease is due to Publix or any of its affiliates acquiring fee title to all or any portion of the Shopping Center Parcel. [PAGE INTENTIONALLY LEFT BLANK —SIGNATURES ON NEXT PAGE] MAHalpem Development Co\Ooesn IskAECR1ECR bladAne 061217 without exhibits.docx - 19 - Il I I III II II IIIII 47IIIIIIIIII IIII IIIIIII B3923 P0269m 21. f PROPBrunswick County, NC Register oDeeds page 20of 53 Executed and sealed as of the day and year first above written. HALPERN: Halpern Ocean Isle, LLC, a Georg im' d li i 'ty company ., //�� William D. Bro Jr., Its Manager State of `�) °IG1 County City ofLt,P�UN I, the undersigned Notary Public of the own r City of To'T A) and State aforesaid, certify that William D. Jr. personally came before me this day and acknowledged that he is the Manager of Halpern Ocean Isle, LLC, a Georgia limited liability company, that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this �f S day of 201 . Notary Public Notary's Printed or Typed Name My Commission Expires: a9 (Affix Seal) -- 20 - .a�:•�r.�:..:,,wr:�16lFa-ai':'°"'r+islx.�'es:�c:r".r:. fell—.r1_-y�y;�s�._rs� _ �*:+�. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 83923Brenda M. C em ors zQ1 RO Brunswick County, NC Register of Deeds page 21 of 53 DWE: DWE TIMBER, LLC, a North Carolina limited H bill company By- QUO Its: Q O State of 100A Vt - County or City of � C�v I, the undersigned Notary Public of the Co ► or City of �AOW and State aforesaid, certify that �' �N 1 1 $01� personally came before me this day and acknowledged that he is the Manager of DWE Timber, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name n its behal as its act and deed. Witness my hand and Notarial stamp or seal, this ay of2017. Notary Public Notary's Printed or Typed Name My Commission Expires: a0�- 1 (Affix Seal) - 21 - NOTq,9j, 'USLIC �;:..... • �•es.. s..r �-� .ram ..c.-{.':;:.:.... ' ., . .. _... �... r., r �..... -.. .._ ..._.__...,.. ...__.._ — Jill III Jill 11111111111111111111111111 j#; P02Clemn 71 i4 . Z° PROP 1 Brunswick County, NC Register of Deeds page 22 of 53 LIST OF EXHIBITS Exhibit "A-1" - Letter size sketch that depicts the Shopping Center Parcel Exhibit "A-2" - Metes and bounds legal description of the Shopping Center Parcel Exhibit "B-1" - Letter size sketch that depicts Outpamel 1 Exhibit "B-2" - Metes and bounds legal description of Outparcel 1 Exhibit "C-1" - Letter size sketch that depicts Outparcel 2 Exhibit "C-2" - Metes and bounds legal description of Outparcel 2 Exhibit "D-1" - Letter size sketch that depicts the Commercial Parcel Exhibit "D-2" - Metes and bounds legal description of the Commercial Parcel Exhibit "E-1" - Letter size sketch that depicts the DWE Parcel Exhibit "E-2" - Metes and bounds legal description of the DWE Parcel Exhibit "F" Letter size copy of the Site Plan showing and labeling the Shopping Center Parcel, Outparcel 1, Outparcel 2, the Commercial Parcel, and the DWE Parcel Exhibit "G" - Letter size drawing that depicts the portion of Market Place Boulevard to be located on the Shopping Center Parcel Exhibit "H" - Letter size drawing that depicts the portion of Market Place Boulevard to be located on the DWE Parcel Exhibit "I" - Letter size drawing that depicts the location of the Causeway Drive Driveway to be located on the Shopping Center Parcel Exhibit "J" - Intentionally Deleted Exhibit "K" - Letter size drawing that depicts the Storm Water Facilities to be located upon the Shopping Center Parcel and the Commercial Parcel Exhibit "U' - Letter size drawing that depicts the Sanitary Sewer Facilities to be located under the Shopping Center Parcel Exhibit "M" - Letter size drawing that depicts the Water Lines to be located under the Shopping Center Parcel and the DWE Parcel Exhibit "N-1" - Letter size drawing that depicts the location of the Beach Drive Sign on the Shopping Center Parcel Exhibit "N-2" - Letter size drawing that depicts the design of the Beach Drive Sign, including a depiction of the DWE Panel Exhibit "0" - Use Restrictions and Requirements Exhibit "P" - Publix Site Plan m:lhalpem development coWcean isleWmAecr black -line 06_12_17 without exh1b9s.docx - 22 - s � II I I I IIIII II III I I I I II II f Inl l l l 11 III B3 �72 moos 22017 1 .001 Brunswick County, NC Register of Deeds page 23 of 53 CAUSEWAY DRIVE / 8.R. 904 fl;� �T-i SHOPPING CENTER - m PARCEL m 638,474 SO. FT. t f 14.680 Acres I i lA ffi /A g� ins,®n�w�:ypl.N4�m 014matot ?ICILaeY:G916 FON<OFIREM a, COMME400off A20M FOOM aonroolor Cy N p to t9 Nstr RUM D4rxvr EXHIBIT A-1 THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. �` ` - - �` " 55 � " II IIIII IIII IIII I I I I IIIII I IIIIII I II III 83923 P02�3 m 427 21, 001PROy Brunswick County, NC Register of Deeds page 24 ansof 53 Exhibit A-2 Shopping Center Parcel Ocean isle Brunswick County, NC Being all of that tract or parcel of land located In Shallotte Township, Town of Ocean Isle, Brunswick County, State of North Carolina being a portion of Parcel A as shown on that certain plat recorded In Map Cabinet 99, Page 69 In Brunswick County Register of Deeds. Said parcel of land being more particular described as follows: Commencing at an Iron rod'set In the Western boundary of said Parcel A, being the lands of OWE Timber, LLC recorded In Deed Book 3840, Page 507, Brunswick County Register of Deeds; and being on the Southern right of way line of Beach Drive (SR#179); Thence a" the northern boundary said Parcel A; North 54038'11" East a distance of 138.49' to a computed point, being the True Point of Beginning; Thence along the northern boundary said Parcel A; North 54038'11" East a distance of 466.64' to a computed point; Thence with a curve to the left having a radius of 30.00 feet with an arc length of 46.99 feet and a delta of 89044'22"; to a point;. Thence South 35006'11" East a distance of 303.57 feet to a point; Thence North 55009'34" East a distance of 343.38 feet to a point; Thence along a curve to the left having a radius of 62.00 feet with an arc length of 49.14 feet and a delta of 45"24'27"; to a point; Thence South 80°14'53" East a distance of 30.00 feet to a point; Thence North 79056150' East a distance of 247.94 feet to an Iron rod set on the Eastern boundary of said Parcel A and the western boundary of Map Book K, Page 266, in Brunswick County Register of Deeds; Thence turning and running South 10"03'10" East a distance of 584.50 feet to an Iron rod set on the Eastern boundary of said Parcel A and the western boundary of Map Book K, Page 266, in Brunswick County Register of Deeds; Thence along the Southern Boundary of Parcel A also being the Northern boundary of Parcel B as shown on that certain plat recorded in Map Cabinet 99 at Page 69 in Brunswick County Register of Deeds; the following Eighteen (18) courses: North 72055'27" West a distance of 172,47' to a Point; North 59038'1S" West a distance of 102.34' to a Point; North 16949,49" West a distance of 29.48' to a Point; North 49035'34" East a distance of 26.79' to a Point; North 07"00'29" East a distance of 33.14' to a Point; II I l NI II II III II I I I I II II I IIIIII I I III Brenda3 P@2j mmo Za'PROP @runrwack County, NC Register of Deeds page 25 of 53 North 00018'19" West a distance of 37.86' to a Point; � North 07"23143" East a distance of 37.73' to a Point; North 89"01149' Wet a distance of 14.44' to a Point; South 24*11'05" West a distance of 118.01' to a Point; North 4203648" West a distance of 9.03' to a Point; North 11"16'02' West a distance of 34.62' to a Point; South 8804971" West a distance of 2.94' to a Point; South 140=71 West a distance of 47.59' to a Point; North 77"13113" West a distance of 82.21' to a Point; South 4193637' West a distance of 95.50' to a Point; South 53008'35' West a distance of 92.49' to a Point; South 36001'23' East a distance of 39.47' to a Point; South 57030'40' West a distance of 279.51' to an Iron set on the eastern right of way line of Charles Street (SR# 1868) and in the centerline of Old Field Branch; Thence with the centerline of said Branch, the northern boundary of Map Book 6, Page 81, In Brunswick County Register of Deeds and the southern boundary of Parcel A to an Iron rod set In the branch centerline being the southeast corner of outparcel 1. The mathematical tie lines for this boundary being the following three courses; South 62024'56' West a distance of 77.89' to a point being a comer of tract 9 and shown on Map Book 3, Page 105, in Brunswkk County Register of Deeds; Thence South 68026'50" West a distance of 186.12' to a point; Thence, South 4602U'29' West a distance of 71.64' to a point In the centerline of said branch being the southeast comer of Out parcel 1; Thence along the eastern sine of said Out parcel 1, North 11033'18" West a distance of 101.911to a point; Thence along the north eastern line of said Out parcel 1, North 6P13'45" West a distance of 27.28'to a point; Thence along the northern line of said Out Parcel 1, along a save to the left having a radius of 120,00 feet with an arc length of 76.36 feet and a delta of 3602733"; to a point Thence South 78618742" West a distance of 345.22 feet to an Iron rod found on the eastern right of way Of Causeway Drive (SR# 904); Thence with said right of way of Causeway Drive (SR*904) North 10036'49" West a distance of 75.04 feet to a point; Thence along the boundary of BobbyRayWilliamson recorded in Deed Book 2954, Page 494, In Brunswick County Register of Deeds North 78'1B'42' East a i i Q�% _:� .F f IIIIII IIIII INI I I IIIIIII1IIII11I llB3923dP0275e.5 4. 20 fPR0P rmfr-?ap?c�,¢, ,•; _ ".st;?f':'�:.'3'Y+fw 5:47 21 001 1 Registerpg 6ef 53 �I 1 distance Of 250,53' to an Iron rod set on the western boundary of Parcel A as shown In Map Book 99, Page 69, In Brunswick County Register of Deeds; i Thence North 10054'59" West a distance of 164.87 feet to a point being the southeast corner of Out parcel 2; Thence along the southern Ilne of Out parcel 2, North 55109'34" East a distance of 204.52 feet to a point; Thence along a curve to the left having a radius of 19.00 feet with an arc length of 29.85 feet and a delta of 9(iOWDD"; to a point along the eastern line of Out parcel 2; Thence North 34050131' West a distance of 173.94 feet to a point, which Is the Point of Beginning, having an area of 639,474 Square Feet or 14.680 Acres, more or less; i IIIllllilllIIINN1111111IIIIIIIIIII B393 PM. 0276 o�= Brunswick County, NC Register of Deeds page 27 of 53 , 1 f , , I i I � N tvn'sY • 6 Y41' 1 ---- Isom, I1K Io mW aF ' I I I 4 1 1p g � 4 OUT PARCEL? AREA= 29,999±SF 0.689±AC 1 �x I y , I CCYq'WW You= CBIRIYIIDi 6FJ�gNii y�' N / m WiELN 7M I N� p tb P �V' N. lb 8 1I7i'1P E �. ICIJY SHOPPING a CENTER --------- OUNT P E a.: , '.` �,,, �, m o I.4 EXHIBIT B-1 mc"�urcVW.W.; ,2WC Ca-m- nn NCLbv,el4 Gaf6 M CA M Ne IMM.Pfi THIS MAP IS NUI A AND -HAS NOT BEEN REV I) W Gli it x A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. - '3'.�'wr.'o-a.:Y���'?: --. s;G{r}vi;?Y•.:L:J_.aoR�""s"i%f`�?�'v'�!" 06-22-2V7 IIIIIIINIIIIIII IIIIIIIIIIIIIIIIIIIII Brenda P02Z morons 21 PROP Brunswick County, NC Register of Deeds page 28 of 53 EXHIBIT B-2 Outparcel 1 Ocean Isle Brunswick County, NC Being all of that tract or parcel of land located in Shallotte Township, Town of Ocean Isle, Brunswick County, State of North Carolina being a portion of Parcel A as shown on that certain plat recorded in Map Cabinet 99 at Page 69 In Brunswick County Register of Deeds. Said, parcel of land being more particular described as follows: Point of Beginning being S 08'47'4r E a Distance of 450.13' from iron rod set In the Western boundary of said Parcel A, being the lands of DWE Timber, LLC recorded in Deed Book 3840 at Page 507, in Brunswick County Register of Deeds; and being on the Southern right of way line of Beach Drive (SR#179); Also known as the Point of Commencement. Thence N 78'18'42' E a Distance of 210.96' to a computed point; Thence With a Curve Turning To The Right With an Arc Length of 76.36', With a Radius of 120.001, With a delta of 36'27'33", to a computed point; Thence S 65'13'45' E a Distance of 27.28' to a computed point; Thence S 11'33'18' E a Distance of 102.92'to a computed point on the centerline of a branch. Said boundary thence following the centerline westerly 207.14 feet more or less to an Iron rod set. The centerline being mathematically computed with the following two (2) calls; Thence 5 79°45'57' W a Distance of 66.92to a computed point in the branch centerline; Thence S 74'06'09' W a Distance of 140.22'to an iron rod set; Thence N 1D'37'57' W a Distance of 150.23' to a computed point; Which Is the Point of Beginning Having an Area of 29,999 Sq. Ft. or 0.689 Acres, more or less. -22-201-1 T027 15:47 21.001 C 1� Mon PROP Brunsulck County, NC Register of Deeds pagem 29saf 53 EXISTING DRIVEWAY 1\\ \1\ \ N I Cr5W59' W 2D9.69' . . .. . .. . .. ... . vp. OUT PARCEL 2 cD AREA= 34,704:tSF %0,7971AC L.29'85' R-19,00. -90,00,00. SHOPPING CENTER A00 PAIMMO-UNTE EXHIBIT C-1 NcLi—vfficav wee Isn�.re THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. -—_......_................ IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII Brend ?a2 l m offs 2°'PROP Brunswick County, NC Register of Deeds page 30 of 53 , EXH IBIT C-2 Outparcel 2 Ocean Isle Brunswick County, NC Being all of that tract or parcel of land located in Shallotte Township, Town of Ocean Isle, Brunswick County, State of North Carolina being a portion of Parcel A as shown on that certain plat recorded In Map Cabinet 99 at Page 69 in Brunswick County Register of Deeds. Said parcel of land being more particular described as follows: Point of Beginning being also the Point of Commencement. Beginning at an Iron rod on the southern right of way line of Beach Drive (N.C. 5R# 179) being the northeast corner of Deed Book 1391, Page 843 in Brunswick County Register of Deeds. Said iron being S 09'22'17" W a Distance of 529.44' from N.C.G.S. monument "Isle port" with N.C. Grid coordinates of North: 57,242.76, East: 2,169,937.04 (NAD83); Thence with said right of way N W38'11" E a distance of 138.49'to a computed point; Thence leaving said right of way through phase 1 S 34'50'26" E a distance of 173.94' to a computed point; Thence With a Curve Turning To The Right With an Arc Length of 29.85', With a Radius of 19.00', With a delta of 90°00'00', to a computed point; Thence S 55'09'34" W a distance of 204.S2' to a computed point; Thence N 10'54'59" W a distance of 209.69' to the Point of Beginning. Having an Area of 34,704 Sq. Ft. or 0.797 Acres, more or less. :4/5s,� :�?.a•� r�y„y;P.�:! _ :ir ,...«5;1 � '�"3°.k2ar�.-£--' :''-:r.'.'_'�__?p: _�.-.•.4_'Ti'*-'•-•�i" ., `r"°'?' I � '- ` IliffllHilllflllllllllllfllllllfllll 023 P0280 %.!7mmoms.�?ROF� Brunswick County, NC Register of Deeds page 31 of 53 I e 1 nr �. °o 0 �* A 6 1� A-46.99' N06 R=30.00' e=BB44'22• �y �L s COMMERCIAL PARCEL 271,232 SQ. FT. f 6.227 Acres t W A=49.14' x w R=62.00' 'aq A=4524'27" t^ ? 5 60'14'S3` W 30.00, 5 PARR O '�' .rsamm; Mr. WF 1m Cem��deRW1�N1°NG B�01'T13610f GW GG I/CIJa°eMGJA13 pml mm I". EXHIBIT D-1 I THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. .r,-�^owo•.x.•r��-�.:�s�c:.ar��,.:.k._'•.c,,r;r�oa-,:•..rro�SP.ea.�._: ...,=�✓•yliil �-�3??�.�7�- :�.€t�vY6??�r%:=`ram _ r-e�-.�.3°-` � �. IIIIiIIIIIIIIIIIIIIIIIIIIIllllllll111 BGal rend M. Cl mm ns-Z�22 2'PROP Brunswick County, NC Register of Deeds page 32 of 53 ' Exhibit D-2 Commercial Parcel Ocean Isle Brunswick County, NC Being a portion of that tract or parcel of land located in Shallotte Township, Town of Ocean Isle, Brunswick County, State of North Carolina being a portion of Parcel A as shown on that certain plat recorded In Map Cabinet 99 at Page 69 In Brunswick County Register of Deeds. Said parcel'of land being more particular described as follows: Point of Beginning being North 54'38'11" East a Distance of 605.13' from iron rod set in the Western boundary of said Parcel A, being the lands of. DWE Timber, LLC recorded In Deed Book 3840 at Page 507 In Brunswick County Register of Deeds, ;and being on the Southern right of way line of Beach Drive (SR# 179); Also known as the Point of Commencement. Beginning at an iron rod set on the Southern light of way of Beach Drive (SR# 179) also being the Northeastern most corner of Phase 1 on said right of way; Thence with said right of way North 54'38'11" East a distance of 812.42 to an iron rod set; Thence leaving said right of way with the Eastern boundary of Parcel A as shown on that certain plat recorded in Map Cabinet 99 at Page 69 in Brunswick County Register of Deeds and the Western boundary of Map Book K, Page 266 in Brunswick County Register of Deeds South 10'03'10" East a distance Of 493.NY to an Iron rod set being a corner of Phase 1; Thence with said Phase 1 boundary through the land of said Parcel A South 79°56'50" West a distance of 247.94 to an Iron rod set; Thence South W14'53" West a distance of 30.00 to an iron rod set; Thence with a curve to the right having a radius of 62.00 feet an arc length of 49.14 feet and a delta of 45"24'27", to a point; Thence South 55'09'34" West a distance of 343.38 feet to a point; i Thence North 35"06'11" West a distance of 303.57 feet to a point; Thence along a curve to the right having a radius of 30.00 feet an arc length of 46.99 feet and a delta of 89'4422", to a point; which is the point of beginning, having an area of 271,232 Square Feet, 6.227 Acres more or ' less. i 83913 P@26105-<2-�,e°,: IlIIIIII�IIIII�IIIII�IIII�IIIIIIIII Brenda R. Clem mons PROP Brunswick County, NC Register of Deeds page 33 of 53 CAUSEWAY DRIVE / S.R. 904 1 o� 1 I I Ir5°'59' W W N lT,B'17' W 199.04' a 711.110' W N 11Y8'1S' Wtax — f I Vi ; ;&Warao W { _ = 1Nio'."�on°."w s CHARLES ST / SI.R.1W'8 a� ?, it w217"-• ' • - a = ull'07'01 E CONNECTOR ROAD DWE PARCEL 978,680 SQ. FT. 22.467 Acres t a i� vEll E 11 S Le19!'1e' E 1D734 �L ' 1Y� }�MNeyye is lons'ta E tpilee' lit I i I I oft: NMT O.W. �` EXHIBIT E-1 PA , �: M iar,�.»sgwiome ,acnniniQ"> ak a mu—ti:aatc we WUM n wm !!. D SURVEY LOCI-- GOVERNMENTOr-MIN ICE VIEWED BY A ►•.AND DEVELOPMENT REGULATIONS. _r..d-= urtris�rf.:—i--.��.-..-.. ;,ad.� 9ky_,.�fw':o+.v�'i�.c•'3'.-:�= 1:._._.:'_::�:G�1— IIIIIIIIII II1III IIIIIIIII III IIIIII III Brend M. Cl mro ns ze1PROP Brunswick County, NC Register of Deeds page 34 of 53 Exhibit E-2 Ocean Isle Brunswick County, NC Being all of that tract or parcel of land located in Shallotte Township, Town of ocean Isle, Brunswick County, State of North Carolina being a portion of Parcel B as shown on that certain plat recorded In Map Cabinet 99 at Page 69 In Brunswick County Register or Deeds. Said parcel of land being more particular described as follows: Point of Beginning being South 56'42'18" East a Distance of 707.34' from iron rod set in the Western boundary of said Parcel A, being the lands of DWE Timber, LLC recorded In Deed Book 3840 at Page 507 in Brunswick County Register of Deeds; and being on the Southern right of way line of Beach Drive (SR# 179); Also known as the Point of Commencement. Beginning at an iron rod set being the northeast comer of Charles Street as shown on Map Book 6, Page 81 In Brunswick County Register of Deeds; Thence along the southern boundary of Parcel A the following eighteen (18) courses; ' . Thence North 57'30'40" East a Distance of 279.51' to an Point; Thence North 36'01'23" West a Distance of 39.47'to an Point; Thence North 53'08'35" East a Distance of 92.49' to an Point; Thence North 41'36'37" East a Distance of 95.50' to an Point; Thence South 77'13'03" East a Distance of 82.21' to an Point; Thence North 14'O0'07" East a Distance of 47.59' to an Point; Thence North 88'49'21" East a Distance of 2.94' to an Point; Thence South 11'16'02" East a Distance of 34.62' to an Point; Thence South 42'36'48" East a Distance of 9.03' to an Point; Thence North 24'11'05" East a Distance of 118.01' to an Point; Thence South 89'03'49" East a Distance of 14.44' to an Point; Thence South 07'2343' West a Distance of 37.73' to an Paint; Thence South 0171819". East a Distance of 37.86'to an Point; Thence South 07'00'29" West a Distance of 33.14'to an Point; Thence South 4935'34" West a Distance of 26.79' to an Point; Thence South 16'49'49" East a Distance of 29.48' to an Point; Thence South 59'38'15" East a Distance of 102.34to an Point; Thence South 72'55'27" East a Distance of 172.47'to an iron rod set on the western boundary of Map Book K, Page 266 in Brunswick County Register of Deeds; Thence with said boundary South 10'03'10" East a Distance of 1013.88' to an Iron pipe found at the corner of said boundary with Map Book M, Page 202 in Brunswick County Register of Deeds and being thesoutheastern corner of tract 9 as shown on Map Book 3, Page 105 in Brunswick County Register of Deeds, 5-47-z0700�IiICIIIIB3923 P0284 °,11I11511llllll- r Brenda M. Clemmons PROP Brunswick County, NC Register of Deeds page 35 of 53 Page 2 Of 2 Thence with the boundary of Map Book M, Page 202 In Brunswick County Register of Deeds, South 83'2471" West a distance of 712.62to an iron rod set; Thence South 09'07'01" East a distance of 125.31' to an Iron rod found on the margin of Culpepper Street (SR# 1157); Thence with said margin South BMW West a distance of 261.181to an Iron rod found; Thence leaving said margin with land of the Town of Ocean Isle as shown in Deed !Book 898, Page 50; in Brunswick County Register of Deeds, North 11"18'11" West a distance of 110.00' to an iron rod found; Thence South 82'41'49" West a distance of 75.00'to a Point; Thence North 11'18'11' West a distance of 40.00'to a Point; Thence North 87'18'11' West a distance of 78.60'to a Point; Thence North 11'50'59" West a distance of 199.04' to an axle found; Thence North 78'45'42" East a distance of 330.41 to an Iron rod found on the eastern margin of Charles Street (SR# 1968); Thence with said margin of Charles Street (SR# 1868) North 06'55'16" West a distance of 692.17' to an Iron rod set which Is the Point of Beginning, Having an area of 978,680 Sq. Ft. or 22.467 Acres, more or less. P0285 056-47-21'00�" Brunswick I��II��IICounty, IIIIIIIIRegister of Deeds page 36 of 53OP .. • I I CENTER 639,474 SQ. FT. ± 14.680 Acres ± i CAUSEWAY DRIVE l S.R. 9D4 OUT PARCEL 2 I- IDA AREA= 34,704±SF 0.797±AC r y OUT PARCEL 1 ' OR AREA= 29,999±SF 0.689±AC �y w { a -N N. a CI DWE PARCEL 918,680 SQ. FT. ± Qom, 22.467 Acres ± EYOTA DRIVE S.WJ S.R.1274 oft: mm; P I MOUNT ar 5— "m EXHIBIT F I .,: :aa���q- W.2alplW'iv40 of E. 1 17[I--#,r2M jft.M 1"143% THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. I I 1,r I I I 22-2017 11111 Jill III 111111111111111111111111 B393 P0286 %---:47-21 * 00i Brendil M. Clemmons PRO - Brunswick County, NC Register of Deeds page 37 of 53 T\Mv jSHOPPING CENTER PARCEL 639,474 SQ. FT. 14.680 Acres m`-.:mq ...i ca COMMERCIAL PARCEL I iwl 271,232 SQ. FT. t it 6.227 Acres ± 111 �Iu U-.R-"()UNTE EXHIBIT G AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. = r..1" fl I I IIIIli IIII1 I I11111I1I IIIIIIll I III B3923 P9287.4s-z 'P°ao Brunswick County, NC Register of Deeds page 38 of 53 I I r P c? uin,®,n.smmobpnNGluo pm}mem NCI�.MCalk ps: lIJd17 "� �' EXHIBIT H ak cro ,Ne: 1M7WE CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. � Clem ons PROP _ . -----wick ~~~'^°. ~- "°m�"� of Deeds ,"o sngrenda M. of sa ILVAUMANAVANUVA Dft! SUM PoNRAMOUNTE diriv AND HAS NOT BEEN REVIEWED oY A LOCAL GOVERNMENT AGENCY FOR ` LAND DEVELOPMENT REGULATIONS. 'J. 26-22-2017 11113923 P0289 1 5 47 21.001 0 randa M. Cle Imons PROP Brunswick County, NC Register f Deeds page of 40 53 EXHIBIT 66xv Intentionally Deleted - 23 - _. !Oi%"•�r�'�:=:r�rei-G:'t:" .... vR'. `mod".:'��«`-.`�%...- .�f:�''� ��%�i'�✓ti"%%ia"�j—�; 0622-2817 Illfll1111I 1111111111lllllBllllll 839�3 P029@m15:47mons 2Y P001 ROP Brunswick County, NC Register of Deeds page 41 of 33 I LEGEND • C —SD— STORM DRAIN ??' qR s�q Q P ` i STORM WATER W FACILITIES z • O ' Q r SHOPPING CENTER ' PARCEL �639,474 SQ. FT. t U6 g 14.680 Acres = Q ® a OUT PARCEL 2� AREA= 34,704±SF � 0.797±AC C �l y OUT PARCEL 1 AREA= 29,999tSF / - 0.689�AC 1 C ar• 6=7 w EXHIBIT ' ■ N O N■� N I N e N am":�r 7II 0"mD rgmwi*w%mm IG6 p10o-791416i C/le CID Ncumn"Ac'm Rq.Ns 14gmm THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AUENCI FOR I LAND DEVELOPMENT REGULATIONS. 06 22 20q � � IIIIIIIIII IIIIII IIIIIIIII IIIIIII II III B3923P0291mmo4s 21 PROP Brunswick County, NC Register of Deeds page 42 of 53 EOM IAL % PARCEL _ 271,232 SQ. FT. t / 6.227 Acres t / ENTER PARCEL 39,474 SQ. FT. fl ^ 14, 80A est� OUT PARCEL 2 AREA= 34,704±SF 0.797tAC N .:U -.E C ia�.ue.aerurptap;xau, xt�.acaw LEGEND -ss- . SANITARY SEWER -F+- FORCE MAIN PUMP STATION DWE PARCEL 978,880 SO. FT. t 22.467 Acres t SANITARY SEWER FACILITIES OUT PARCEL 1 AREA= 29,999±SF / 0.689+AC FORCE MAIN FEE �tt EXHIBIT L AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. _ If ii«1iiii�iiiii1ii11iiii11 ir3573 onda P9192mmon2720�P001 ROF Brunswick County, NC Register of, Deeds page 43 of 53 f e WATER LINE (D o x s WATER LINE 0� PROPOSED WATER TIE IN CENTER PARCEL 639,474 SQ. FT. t 14.680 Acres t DWE PARCEL 978,680 SQ. FT. # 22A67 Acres t WATER LINE WATER UNE a� i 111111111 \ CO OUT PARCEL 2y AREA= 34,704±SF OUT PARCEL 1 '� 0.7971AC AREA= 29,999±SF =�= --- 0.689tAC WATER LINE PROPaSED II PROPOSED WATER TIE IN WATER TIE IN r �� i WADED IN \ TLi�yvS��7F��`� �7rkt7y��� D6: EIfd1P NP Drwm' DPP 0 E Fi I B i �' ilii 1320nee.Dc�yWi�oa11G781031S1Vi-79�27m Ncljc—* C." arc cW Rob Nx 1 "".P£ 1 rua 1v1P.r 13 INV 1 t1 4.D1Cl lr W'U: )mvGI AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. -771MNAXIT- 06-22-2017 13923 P0293 . 1:",7,2' �001' Brenda M. Clemmo . "'. Brunswick County, NC Register of Deeds page 44 of 53 SHOPPING CENTER PARCEL 639,474 SQ. FT. 14.680 Acres BEACH DRIVEWAY I DRIVE SIGN -0- owl ---------- -0� ------ -------------- • COMMERCIAL PARCEL 271,232 SQ, FT.:t 0 6.227 Acres X I m X i. nl -4 EXHIBIT N-1 m Go !nib IS lqui Renniffmij aux"T AND HAS NOT BEEN REVIEWED LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. 86-22-2o,7 riiii��iolioi� iili�ijii wiii�� i i»i �3923 29421 Brunswick County, NC Register Clemmons PROP of Deeds* Page 45 of 53 EXHIBIT N-2 p; El SYNTHETIC STUCCO I. TRIM WHITE ACRYLIC SINGL FACE ALUMINUM LIGF BOX CABINET WITH SQUARE CORNERS AN HIGH OUTPUT COOL co -.-Publ i x WHITE HORIZONTAL FLOURESCENT LAMPIN EMBOSSED LETTERS (363C WE TENANT REPLACE=TEMANT SIGN PANELS Ills TRIM SMOOTH PANEL SIDING BRICK CONCRETE BASE BASE 42 SF Ell — EFS - ALABASTER SIGN :&I SF 13 - TRIM - ALABASTER CORNICE ■ 14 SF 32 - SMOOTH PANEL SIDING - ALPACA 61 - BRICK • RED THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A' LOCAL GVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. OCEAN ISLE SHOPPING CENTER MONUMENT SIGN I AT BEACH DR.(N.C. HWY 179) IL IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Brend P0z l ons 2; PROP Brunswick County, NC Register of Deeds page 46 of 53 I II EXIMIT "O" 1. Construction of Improvements. (a) Shopping Center Parcel: Outparcels. The Shopping Center (as defined below) shall be constructed, and the Outparcels developed, in conformity with the Publix Site Plan; and the Outparcels shall be graded to the elevations depicted on the Publix Site Plan and/or set forth in the approved Plans and Specifications. (b) Parking Areas: Access. The provisions of. Paragraph l(a) above, entitled "Shopping Center Parcel; Outparcels," to the contrary notwithstanding, to the extent depicted on the Pub& Site Plan, the Owner of the Shopping Center Parcel or any Outparcel shall neither reduce the number, nor change the location, size, or layout of parking spaces within the Common Area, nor diminish the service level (i.e. full service, right-in/right-out, ctc.) of entrances or exits to and from the Shopping Center or Outparcels, nor reduce the size of or relocate entrances or exits to and from the Shopping Center or Outparcels, nor consent to the partial or total decommissioning or removal of any traffic signals located at the entrances or exits to and from the Shopping Center or Outparcels, nor consent to the relocation or elimination of any median breaks or turn lanes serving the entrances or exits to and from the Shopping Center or Outparcels, without Publix's consent in each instance, which consent may be withheld in Publix's sole discretion, and the Shopping Center Parcel, and each respective Outparcel, shall at all times contain not less than five (5) panting spaces (each having a minimum width of ten [10] feet) for every 1,000 square feet of Leasable Floor Area (as defined below) and Floor Area within improvements (including the Publix Storeroom) constructed within the Shopping Center Parcel and each respective Outparcel. (c) Shopping Center. The "Shopping Center" shall consist of the Shopping Center Parcel and those buildings and Common Area improvements constructed from time to time on the Shopping Center Parcel as such buildings and Common Area improvements are depicted on the Publix Site Plan. (c) Leasable Floor Area. "Leasable Floor Area" means the floor area calculated in square feet located in or appurtenant to buildings, other than the Publix Storeroom, constructed or to be constructed on the Shopping Center Parcel or the Outparcels, which Leasable Floor Area shall include, without limitation: the ground floor area within said buildings; enclosed vestibules; exclusive passageways; basements; storage areas; mezzanines; outdoor garden shops; outdoor balconies, patios, or other outdoor areas utilized for retail sales or food or beverage service (exclusive of areas utilized exclusively for drive through or walk-up take-out food or beverage service); exclusive enclosed loading areas; and such other areas as an owner may from time to time designate. (d) Floor Area. "Floor Area" means 39,203 square feet of interior ground floor area contained within the Publix Storeroom. — 24 — 83923 P029fi mod z®'PRE Brunsulek County, NC Register of en Deeds page o of 53 I- 2. Exclusive Uses. (a) Exclusive Uses. Without the prior written consent of the Owner of the Shopping Center Tract and Publix, no portion of any Parcel except the Publix Premises shall be used, either directly or indirectly via remote distribution (e.g_, ordering, processing, or delivery by intemet, mail order, ate.), for: . (i) The retail We of groceries. (ii) Operation of a grocery supermarket, bakery, delicatessen, and/or fish market. (iii) The sale or distribution of drugs or other products which are required by law to be dispensed by a licensed pharmacist (or similar health care practitioner authorized by law), even though such pharmacist or health care practitioner may not be required to be present for delivery of such products. (iv) Retail sales of items of food for `off -premises" consumption. (v) Retail sales of beer and wine for "off -premises" consumption. (vi) RetaiI sales of distilled spirits and other alcoholic beverages for "off -premises" consumption (i.e. a liquor store) (provided PubUx shall only sell such distilled spirits and other alcoholic beverages if allowed by law). (vii) The sale of other products typically offered for sale in a grocery supermarket. (b) )options to Exclusive Uses. The terms and provisions of Paragraph 2(s) above, entitled Exclusive Uses", to the contrary notwithstanding, occupants of any Parcel shall not be prohibited from engaging in the following (provided the operation of any such uses does not in any way prevent or impede, through any law, statute, code or ordinance, any use right Tenant may have in the Shopping Center Parcel): () a sit down restaurant offering prepared ready -to -eat food items for consumption either on or affthe premises; (ir) a "quick serve" or "fast casual" restaurant, serving prepared ready to eat food item for consumption on or off the premises (such as McDonald's, Wendy's, Chick-51- A or Burger King; but such use shall not include a "play place" or other equipment for children with a playground atmosphere); (ii) a delicatessen or sandwich shop type restaurant (but not a bakery) which offers take out service as an incidental part of its restaurant operation, provided that at least seventy percent (M/0) of the Leasable Floor Area of such restaurant (exclusive of kitchen or food preparation area) is utilized for seated dining purposes; (iv) a health food store or nutrition center, provided that the Leasable Floor Area devoted to such health food store or nutrition center shall not exceed 1,600 square feet, ice cream parlor or fimea yogurt store, franchise doughnut shop (equivalent to a Dunkin' Donut or Krispy Knme operation), bagel shop, candy store, or a pickup or delivery outlet (such as pizza or Chinese delivery), a coffee shop (equivalent to Starbucks), all of which may offer the sale of food items for conmunption on or off the premises; (v) a combination gas station and convenience food store operation, provided that the Leasable Floor Area devoted to the sale of food and beverage products (including the retail sale of beer and wine for "off -premises" consumption) shall not exceed — 25 - --------- ----- - .... _.� . ll111illllllllllllli111llllll111 B3923 P02enda M. 97 ,.em ns-21'PROP Brunswick County, NC Register of Deeds page 48 of 53 1,500 square feet; PROVIDED, HOWEVER, the foregoing exception shall not permit a gas staiion/conveniencc food store that is owned by, operated by or controlled by another grocery supermarket entity or general merchandise retailer that also operates grocery supermarkets (such as Wal-Mart), such entity's parent company or its subsidiaries or affiliates, and which gas station and convenience store operation is identified on the premises with such grocery supermarket name or the name under which such general merchandise retailer operates its grocery supermarkets within the State in which the Shopping Center Parcel is located; or (vi) as to the exclusive'uses set forth in Paragraph 2(a)(vii) only, the retail sale of groceries and other products typically sold in a grocery supermarket (but not perishable goods typically sold in a grocery supermarket, "perishable goods" meaning any goods or products that require storage or display below room temperature to maintain freshness and avoid degrading of quality) by any tenant or occupant of premises within the Shopping Center or Outparcels or Adjacent Property (other than Tenant, an entity in which Tenant owns a legal or beneficial interest, or an entity which owns a legal or beneficial interest in Tenant), but only to the extent the sale of such groceries and other products typically sold in a grocery supermarket: (a) constitute not more than an aggregate of ten percent (10%) of the dollar amount of gross sales volume of any such taunt, and (b) the Leasable Floor Area of any such premises devoted to the sale thereof shall not exceed the lesser of (i) ten percent (10%) of the Leasable Floor Area of such premises devoted to retail sales area (as opposed to office, storage, or other uses); or (ii) two hundred (200) square feet, which area shall include one-half ('/2) of the Leasable Floor Area of aisle space adjacent to the display area of such products. (vii) a state-owned liquor store selling distilled spirits only (no beer, wine or other fermented beverages); (viii) one (1) pet store not to exceed 2,500 square feet of Leasable Floor Area; and (ix) the sale of apparel; accessories; arts and crafts; beds and mattresses; bicycles and accessories; books; bridal and formal wear; carpet and flooring; cellular phones; cigars and pipes; computers and software; electronics; electronic games; furniture; golf supplies; greeting cards and gifts; hardware; home accessories and gifts; jewelry; kitchen wares and supplies; music; paint and related accessories; shoes and footwear; sporting goods; surf and ski equipment and apparel; appliances; books; newspapers, periodicals, and related products and services; home improvements; linens, textiles and fabrics; marine/boating equipment, supplies, and accessories (but no boat dealership or sales); office equipment, furniture and accessories; or toys, games, or bobbies; or operation of a bank or other financial service; day spa (such as Spa Sydell or Natural Body) or exercise salon (such as Curves) (provided that any such spa or salon use must be at least 100 feet from the Premises); doctor, dental or chiropractic office; financial advisor and brokerage; insurance agency; martial arts school (provided that any such facility must be at least 100 feet from the Premises); hair and/or nail salon (provided no fumes are allowed to escape the leased premises); florist; news shop; optical store; tanning salon; tax preparation services; packing, printing, and shipping business, (such as a UPS store type business); health and/or beauty supplies; or a dry cleaner drop- off/pick-up (with no cleaning done on -site); provided: (A) any of the foregoing perrnitted uses shall be the primary use of any such occupant and the respective premises; (B) this exception for any such occupant and premises shall only be applicable so long as the lease is in effect for any such occupant and shall not be 26 — , .o e�f� �=.��v. _. _�:x--- ---- -- --_��.�� .__-fir ..�.-���-�r..�-::�xrr�;.��` .��! _ �.. -_ �,° � . ,;,�„4'�.�_,; .�,•4 i IIIIIIIIIf IIIIIIIIIIIIIIIIIIIIIIII Ili @3923 P0298mI.47 201 R& Brunswick County, NC Register of ]Deeds page 48 of 53 deemed to be an exception for it particular space in the Shopping Center; and (C) any ancillary sale of goods or use of the leased premises by any such occupant of the Shopping Center or Outparcel that would otherwise be prohibited under Paragraph 16.02(a), shall be limited as follows: (a) not more than an aggregate of ten percent (10%) of the dollar amount of gross sales volume of any such occupant and (b) the Leasable Floor Area of any such premises devoted to the sale thereof shall not exceed the lesser of (i) ten percent (101/6) of the Leasable Floor Area of such premises devoted to retail sales area (as opposed to office, storage, or other uses); or (ii) three hundred fifty (350) square feet which area shall include one-half (%) of the leasable floor area of aisle space adjacent to the display area of such products. 3. Prohibited Uses. (a) " Unlawful or Nuisance Use. No owner or Pemuttee of any Parcel shall use its Parcel for any unlawful purpose, including any use which would constitute an unlawful nuisance to adjoining tenants in the Shopping Center. (b) SRmMc Prohibited Uses. No portion of any Parcel shall be used for the following "prohibited uses": (i) any unlawful purpose, or in any way which would constitute a Iegal nuisance to adjoining tenants in the Shopping Center, dry cleaning plant; adult entertainment facility; massage parlor; adult book store; a so-called "head shop;" tattoo- or piercing parlor, a gaming, gambling, betting or game of chance business (exclusive of the We of lottery tickets); any federal, state or municipal tenant or agency, affiliate or related entity thereof (except a state-owned liquor store); business whose primary service is check cashing ( such as Amscot, Advance America, Cash Advance Centers, Moneytree, etc.) or (ii) cinema or theater; skating rink; bowling alley; discotheque; dance ball; nightclub; amusement gallery; pool room; health spa (other than a "day" spa such as a Spa Sydel or Natural Body, or an upscale personal training facility, neither of which may exceed 4,000 square feet of Leasable Moor Area); gymnasium (other than a gymnasium that shall not exceed 4,500 square feet of Leasable Floor Area), provided, any such "day" spa, training facility or gymnasium that may be allowed pursuant to.ltds paragraph may only operate between the hours of 5:00 am. and 12:00 a.m., and shall not engage in outdoor training; pin ball or electronic Some room; funeral parlor, flea madoet; bingo parlor; cafeteria; sale, rental, lease, or repair or maintenance of automobiles, trucks, other motorized vehicles, or trailers; car wash; billboard; cell phone tower; pawn shop; driving school; variety -type or price point store (drug store, "dollar" store, "five and dime," such as Walgreen's, CVS, Dollar Tree, Dollar General, Family Dollar, Big Lots); sub shop (such as Subway, Quizao's, Firehouse, or Jnnmy John's); or wholesale clubs (such as Costoo, BJ's, Sam's Club). (c) Prohibited Uses Based on Proximity to Publix Storeroom. In addition, no portion of any Parcel located within 500 feet of the Public] Storeroom (which distance shall be measured from the Publix Storeroom demising wall newest said other premises to the demising wall of said other premises nessest the Publix Storeroom) shall be used for a day care center (including any "drop - in" or other child care facility), or a "concept' restaurant and/or cocktail lounge of a perking — 27 — lIIIII{IIIIIIIII IIIIIIIIJill II III III 13923 P0299m o�= 21.PRo� Brunswick County, NC Register of Deeds page 50 of 53 intensive nature, such restaurants and/or cocktail lounges being similar in nature to Applebee's, Outback Steakhouse, Chtli's, Hooters, and T.G.I. Fridays; provided, however, a concept restaurant may be allowed on the Commercial Parcel provided that (i) any concept restaurant located on the Commercial Parcel shall at all times contain not less than ten (10) parking spaces (each having a minimum width often [10] feet) for every 1,000 square feet of Leasable Floor Area within the improvements constructed on the Commercial Parcel and Q no concept restaurant on the Commercial Parcel or the DWE Parcel may be located within one hundred (100) feet of the Publix Storeroom. Any provision of this Agreement to the contrary notwithstanding, no restaurant of any kind shall be located within sixty (60) feet of the Publix Storeroom. Any provision of this Agreement to the contrary notwithstanding, (i) the aggregate square footage of Leasable Floor Area of all restaurants combined within the Shopping Center Parcel shall not exceed 8,800 square feet, (ii) the, aggregate square footage of Leasable Floor Area of all sit down restaurants combined within the Shopping Center Parcel shall not exceed 6,000 square feet and no sit down restaurant shall be located within one hundred seventy-five (175) feet of the Publix Storeroom, (iii) the aggregate square footage of Leasable Floor Area of all take-out restaurants combined within the Shopping Center Parcel shall not exceed 2,800 square feet, (iv) a take-out restaurant located in the Property shall have no more than four (4) tables with four (4) seats per table, and (v) any "concept" restaurant which may be permitted on an Outparcel pursuant to this Paragraph shall at all tines contain not less than ten (10) parking spaces (each having a minimum width of ten (10) feet) for every 1,000 square feet of Leasable Floor Area within the improvements constructed on the Outparcel. 4. Outparcel Restrictions. In addition to any other applicable provisions of this Agreement, unless otherwise consented to in writing by Publix, the Outparcels shall be subject to the following restrictions: (a) No more than one (1) building shall be constructed on any Outparcel and said building shall accommodate only one (1) business operation therein, provided that this restriction sball not prolubit typical co -branding operations of the kind typically found in the State of North Carolina; (b) No building shall exceed one story in height; (c) No building sign or structure shall exceed twenty-five (25) feet in height, except dial architectural features may be thirty-two (32) feet in height (d) The Leasable Floor Area of any building constructed on an Outparcel shall not exceed the floor area limitation set forth on the Publix Site Plan, provided, in any event, such Leasable Floor Area shall be further limited to the extent that the number and size of on - grade automobile parking spaces required by all applicable rules, regulations, ordinances, and laws can be constructed and maintained within the boundaries of such Outparcel; (e) Each building shall comply with all governmental rules, regulations, ordinances, and laws; (f) Any pylon or monument signs erected or constructed on the Outparcels shall not obstruct visibility of the Publix Storeroom or the pylon or monument sign identifying the Shopping Center or Publix; (g) "Reader board' type signs and billboards shall be prohibited on an Outparcel; (h) The Ouiparcels or any buildings constructed thereupon shall neither be used in violation of the exclusive rights granted to Publix in Paragraph 2 above, entitled "Exclusive Uses," nor for any of the prohibited uses set forth in Paragraph 3 above, entitled "Prohibited Uses;" and -28- a— ..-_ —..__ :.., ....... ..9yJ1✓Y.::._.:al. rr" ..,s. .. .. -:LYf(Ai.+"r.<ti{�+tTSc��i.=.L�:+Pi:=-�Cd'PAi=�Ai'A.r.A£_. f�rv.�r. vr�. Il 03823 P0300 °5-22-2316a, Brunswick County, Brenda M Cleemons PROP Register of Deeds page 51 of 53 (i) If any improvements located on any Outparcel shall be damaged or destroyed, and if the owner of any such Outparcel elects not to repair or restore such improvements, the Outparcel owner shall promptly raze and remove such damaged or destroyed improvements, and either landscape or pave and maintain any such Outparcel (including concealment of any exposed slab or foundation thereof) in a manner consistent with the Common Area. More specifically, subject to the terms and provisions of Item (ii) of Paragraph 1(b) above, entitled "Parking Areas; Access," all such rules, regulations, ordinances, or laws relative to parking requirements shall be complied with by providing the requisite size and number of on - grade parking spaces within the boundaries of said Outparcels, without reduction in such size and number by virtue of the granting of a variance or special exception to such rules, regulations, ordinances, or laws by the governmental authority having jurisdiction thereof. Furthermore, the provisions of all applicable . rules, regulations, ordinances, and laws to the contrary notwithstanding, for purposes of this Paragraph 4, the Leasable Floor Area of any. building constructed on an Outparcel shall also be deemed to include outdoor balconies, patios, or other outdoor areas utilized for retail sales or food or beverage service (exclusive of areas utilized exclusively for drive through or walk-up take-out food or beverage service). Commercial Parcel and DWE Parcel Restrictions. In addition to any other applicable provisions of this Agreement, unless otherwise conserved to in writing by Publix, the Commercial Parcel and the DWE Parcel shall be subject to the following restrictions: (a) A13Y buildings or other improvements (including pylon or monument signs) constructed on the Commercial Parcel or the DWE Parcel shall not materially interfere with or alter the visibility of and public access to the Shopping Center Parcel or the visibility of the Shopping Center pylon or monument signage; (b) No telecommunications towers shall be placed on the Commercial Parcel or the DWE Parcel; and (c) any building constructed on outparcels located on the Commercial Parcel or the DWE Parcel and within 250 feet of the boundary of the Shopping Center shall comply with the restrictions set forth in Paragraph 4 above, entitled "Ontparcel Restrictions;" provided, however, so long as the DWE Parcel is used for residential purposes, it shall not be subject to Paragraph 4(a)-(c), and further provided, however,• that ctatain 2.73 acre portion of the (;ommem'al Parcel shown on the Publix Site Plan as `PHASE II, +-2.73 ACRES FFE 29.5" shall not be subject to Paragraph 4(a) - (g) and Q). - 29 - THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NO, BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. 4�e IWO, B3923 P0301 06-2 2 -231 7 15.47 21.001 Brenda M. Clemmon �ROP Brunswick County, NC Register of Deeds page 521of S. Exhi bi t P Iftoll- I YT'.�•.✓=Z=-'^srr.=fsiyn-r���T�'I�� _ `2 ,"'s.7.(�:� -'77�+''ss's,1tgsG _ �.�`,.._r,».e.�ia1 _.1Pi�...s: � : � ---T PIIlIIIIiIIIIJIIlIIPIPIIIIIIIIII�PIII B39Z3 P0302 05-4�-2017 Count MC R Brenda M. Clemons PROP. — Brunswick j Y� Register of Deeds Page 53 of 53 I I , f THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR LAND DEVELOPMENT REGULATIONS. I Hall, Christine From: Hall, Christine Sent: Friday, October 05, 2018 11:30 AM To: 'Tim Clinkscales' Cc: Weaver, Cameron; Scott, Georgette; 'Jeff Keeter'; Jessica Vamvakias Ov@loganhomes.com); Andrew Smith Subject: RE: [External] RE: Saltwater Palms express request Tim, The review timeframe in the Express program is very short. To ensure projects can be reviewed and approved within the designated time frame, we must confirm that projects will not impact or place another project out of compliance with their permit. The exception is if the project that is impacted is also submitted to the Express program at the same time to resolve any overlap or interaction between the two. This keeps the program running efficiently to serve as many customers as possible. Based on SW8 161204 and the documents provided so far, there is an impact between these two projects and parcels. Both the access road and infiltration basin serving drainage area 2 permitted under SW8 161204 are within the parcel / property area of the proposed Saltwater Palms. SW8 161204 will need a minor modification to document one of the following two scenarios: Incorporate a recorded agreement that specifically addresses the entity/permittee responsible for the access road and infiltration basin serving drainage area 2 as well as document the access and drainage easement Qver the infiltration basin. In this scenario, since Halpern Ocean Isle, LLC now owns the parcel permitted under SW8 161204 and This entity entered into the provided recorded agreement, SW8 161204 will need to be transferred before the modification or new permit is submitted. Transfers can only be submitted to the regular program. Or, if it is not desired for the permittee of SW8 161204 to maintain these two features, remove the infiltration basin and road area from SW8 161204 to incorporate into the proposed application for Saltwater Palms. In this scenario, Halpern Enterprises, Inc may elect to sign the minor modification so it can be submitted to the express program along with the transfer paperwork to be logged into the regular program after the minor modification is approved. Please let me know if you have more questions or concerns. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct diristine.hall@ncdenr.gov 127 Cardinal Drive ExL Wilmington, NC 28405 'Nothing Connpd-u i-ii?a0 corresponde .i' :r nt,hject to f1i North C'erol ► e i 1_ ..'' .`.. -7 d .`'.? t: :. -.�.G-rs ili thilzi � alt"'--5. From: Tim Clinkscales <tclinkscales@paramounte-eng.com> Sent: Wednesday, October 03, 2018 3:38 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov>; Scott, Georgette <georgette.scott@ncdenr.gov>; 'Jeff Keeter' <jpkeeter@bcklawfirm.com>; Jessica Vamvakias (jv@loganhomes.com) <jv@loganhomes.com>; Andrew Smith <asmith@loganhomes.com> Subject: RE: [External] RE: Saltwater Palms express request verified. Send all suspicious email as an attachment to.. �� Jeff Can you add some legal help on the Ocean Isle stormwater based on what you have read and reviewed. Christine, let us know what needs to be done but at a minimum this should not hold up setting up an express meeting date and mandating that such is done before the meeting. Again as of today, the basin and road is being maintained by Halpern as shown on the recorded map and not part of our drainage area/boundary for our pond. The basin as I am sure you are aware is DA 2 in the Halpern approved permit. The permit for Halpern has this permitted as shown and therefore not crossing boundaries. Again we just want to set up meeting and if an addendum between Halpern and Logan needs to take place it will happen Thanks and let us know and Jeff please chime in for help Tim Clinkscales PE, PLS PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.paramou6te-ena.com From: Hall, Christine <Christine.Ha!!L@pcdenr.goy> Sent: Wednesday, October 3, 2018 9:54 AM To: Tim Clinkscales <tclinkscales@paramounte-eng.com> Cc: Weaver, Cameron <car�eron.weaver@ncdenr.eov>; Scott, Georgette ,reette.scott@ncdenr.gov> Subject: RE: [External] RE: Saltwater Palms express request Tim, The recorded Easement, Covenants, and Restrictions Agreement shows that Halpern Ocean Isle, LLC entered into that agreement. The permittee for SW8 161204 is Halpern Enterprises, Inc. A review of the Brunswick County GIS shows that the property is owned by Halpern Ocean Isle, LLC. SW8 161204 will need to be transferred to Halpern Ocean Isle, LLC. In looking through this recorded document, I don't see where the road or the infiltration basin located on the DWE Parcel (as defined in Part B on page 2) is the responsibility of the permittee of SW8161204. Section 2.1(b) places an access easement over the road but there is no drainage easement over the infiltration basin (Section 2.2). As for maintenance of thVse two features, Section 3.4 indicates that the road is the responsibility of DWE but the infiltration basin is not referenced in Section 3.5. More specific observations and references with citations are included below. Please let me know if I've missed something that helps to support your claim that the Connector Road and infiltration basin are the responsibility of the Publix Developers. Hall, Christine From: Hall, Christine Sent: Wednesday, October 03, 2018 9:54 AM To: 'Tim Clinkscales' Cc: Weaver, Cameron; Scott, Georgette Subject: RE: [External] RE: Saltwater Palms express request Tim, The recorded Easement, Covenants, and Restrictions Agreement shows that Halpern Ocean Isle, LLC entered into that agreement. The permittee for SW8161204 is Halpern Enterprises, Inc. A review of the Brunswick County GIS shows that the property is owned by Halpern Ocean Isle, LLC. SW8 161204 will need to be transferred to Halpern Ocean Isle, LLC. In looking through this recorded document, I don't see where the road orthe infiltration basin located on the DWE Parcel (as defined in Part B on page 2) is the responsibility of the permittee of SW8161204. Section 2.1(b) places an access easement over the road but there is no drainage easement over the infiltration basin (Section 2.2). As for maintenance of these two features, Section 3.4 indicates that the road is the responsibility of DWE but the infiltration basin is not referenced in Section 3.5. More specific observations and references with citations are included below. Please let me know if I've missed something that helps to support your claim that the Connector Road and infiltration basin are the responsibility of the Publix Developers. Observations from the recorded document: Section 2.1(b) of the recorded document grants access easements over the road area only for the DWE Parcel (as depicted on Exhibit H). The infiltration basin is not included. Section 2.2 only grants drainage easements for the flow of water from the Halpern parcels located on the Shopping Center Parcel (depicted on Exhibit A-1) and the Commercial Parcel (depicted on Exhibit D-1) and as shown on Exhibit K. In looking at Exhibit K, the infiltration basin is not identified as a stormwater facility nor is it located on the referenced parcels. Section 3.4 requires the owner of each parcel to maintain their own driveways (roads) with the exception of Market Place Boulevard. This appears to indicate that the connector road located on the DWE Parcel is the responsibility of DWE. Section 3.5 refers to the maintenance of the stormwater facilities, which are defined in Section 2.2. As noted above, the stormwater facilities referenced in Section 2.2 does not appear to include the infiltration basin. Additionally the DWE Parcel () is not referenced here. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 i' Hall, Christine From: Hall, Christine Sent: Friday, September 07, 2018 12:17 PM To: 'Tim Clinkscales' Cc: Weaver, Cameron; Scott, Georgette Subject: RE: [External] RE: Saltwater Palms express request Tim, I talked to Georgette about this one. Before any Express meeting can be scheduled, this overlap between SW8161204 needs to be resolved. You say that the road and infiltration basin is the responsibility of the Publix developers, however, no evidence has been provided yet to support that claim. The recorded map provided in your August 28' email does not show the entire access road and does not demonstrate who has been granted that easement. Additionally, the portion of the easement shown on that recorded document does not cover the SCM area. In order to schedule this proposed project into Express, you will need to provide documentation supporting the claim that the Publix developers remain responsible for the access road as well as the infiltration basin. Additionally, a second Express request will be needed for a minor modification to SW8 161204 to approve the applicable documentation supporting the claim that they remain responsible for these even though they no longer own the property. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7216 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Nc` lot1" t ; i_jri ,";) v, '. From: Tim Clinkscales <tclinkscales@paramounte-eng.com> Sent: Friday, August 31, 2018 3:16 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: RE: [External] RE: Saltwater Palms express request If an agreement is required, we will provide a drainage easement on the property. The impervious of the road along with the infiltration basin is the responsibility of the Public developers and will stay that way. But you let us know what is needed by us and will provide at the express meeting. I ask if you can schedule us at the earliest time Thanks Tim Clinkscales PE, PLS PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.paramounte-eng.com From: Hall, Christine <Christine.Hall@ncdenr.gov> Sent: Thursday, August 30, 2018 3:43 PM To: Tim Clinkscales <tclinkscaI . (6)paramounte-ene.com> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: RE: [External] RE: Saltwater Palms express request What kind of agreement? The SCM is not in an easement for drainage, maintenance, or access. Please provide additional details. I'm trying to ensure that your proposed project will not put SW8 161204 out of compliance. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall ncder••.r.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 E`nvii cowes.oc:7de,w,e to and from this address i tied ,) `.c: f;<c:cords c.aw and may.ha dsoIcsed tc From: Tim Clinkscales [mailto:tclinkscales@paramounte-eng.com] Sent: Thursday, August 30, 2018 3:22 PM To: Hall, Christine <Christine.Hall@ncdenr.gov> Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov> Subject: RE: [External] RE: Saltwater Palms express request It will remain in place, but we will have an agreement recorded as needed before the express meeting. Please confirm that will suffice Thanks Tim Clinkscales PE, PLS PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.paramounte-enci.com From: Hall, Christine <Cliristine.!-lall@ncdenr.gov> Sent: Tuesday, August 28, 2018 11:44 AM To: Tim Clinkscales <tclinksca'.es aramounte-ene.com> Cc: Weaver, Cameron <cameron.v.,eaver ncdenr.�ov> Subject: RE: [External] RE: Saltwater Palms express request The easement does not coven the SCM area'. Do you have anything supporting the permittee of SW8161204 will remain the owner of the SCM and be in charge of handing the 0&M for it? Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct Christi no. hall;- ncdenr. gov 127 Cardinal Drive Ext. Wilmington, NC 28405 En-!aCDI'r$S� '::: %'!1 s C c i i :'?;',': lil!� t'Su !.S tea: ':" �:` i� floc i �.i•'J: u`: vc�.� otir. ? ,77.`1i�i?: i �.".�.. C c �itl•� .yb y i�.'. 1�3�� f! f �w From: Tim Clinkscales[mailto:tclinkscales@paramounte-ene.coml Sent: Tuesday, August 28r, 20181.1.:40 AM To: Hall, Christine <Christine.HaII@ncdenr.gov> Cc: Weaver, Cameron <cameron.weaver(c@ncdenr.gov> Subject: [External] RE: Saltwater Palms express request Christine I understand a little of the confusion on things, but here is the survey map. The ingress/egress easement (Market Place Blvd.) has been constructed and the infiltration basin as well, it is part of the shoppig centers . It will not be part of this project therefore does not need to be updated. Our proposed ponds only handle SW from the site plan shown. Please let me know what additional info needed to schedule Thanks Tim Clinkscales PE, PLS PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.paramounte-eng.com From: Hall, Christine <ChristineJ IIPncdenr gov> Sent: Tuesday, August 28, 2018 8:50 AM To: Tim Clinkscales<tclinkscales@paramounte-en�,.com> Cc: Weaver, Cameron <caireron.wea�/ r ncdenr.: ov> Subject: Saltwater Palms express request Tim, Cameron brought the express request for Saltwater Palms to me for consideration in the express program. In looking at the request and at the adjacent permit for Ocean Isle Market Place (SW8 161204), Infiltration Basin 2 appears to now be on the property to be subdivided and developed by OIB Development, LLC. I looked at the Brunswick County GIS website and the SCM and the road area treated in the SCM does appear to be located in this subdivided parcel. In order to be able to schedule Saltwater Palms into Express, you will either need to submit a second request to modify Ocean Isle Market Place, SW8 161204, to remove the SCM and associated area from that permit or demonstrate that this area remains with Ocean Isle Market Place. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 i:'•iil! con- crvC -1Snc>:o and frorn this addrass is 11"W Oarohna Pr..�' f: , t.sa,,rr's La► - and may be dieclo eci t�:. ilii; (nlbp cos py it g/sv/n 1.G ra cm � ❑ 8090000 'ys �£ 40� 6�4�i3 Ipq° m u ` i�Q yz P Z y, th �.Ym �A�1 D El / 4Iq� y27 i�P `•;' ,','/ °e e � III �� §'�F �� 8 IRA 1<eE µSa IRA 7� I is�5 aa >iev vQl`v 5 -0Int o 00o00 90 ax� s ITT9 pppo M11 )$� i$$m4 fqmw iv�< 9 x pad Sm mSs 'q. a 151f q n M 3 _ • a v'a��:� '4� ..�o� 2m Nib �g� G 114 �g 7 kP+ IRPK ?Nf 4 M low! O 8 � a f - bpi C o. , :,, ? -NE V �r• U FINAL SUBDIVISION PLAT OF OCEAN ISMMARIK'TPLACE PARCEL A - PB 99, PG 69 BEACH DRIVE TOWN OF OCEAN ISLE BRUNSWICK COUNTY, NC coax. inroMuox HALPERAi OCEAN ISLE, LLC 5200 ROSWELL ROAD ATL'iNTA, GA 30342 BEYLNG75. PA AMO TE iuc ,n x vrilm agmo,Nor&Camlio 2M I9PJ791-670'(0)(910)791-67600 NC U—#: C-2W For DENR Use ONLY Reviewer: FMA North Carolina Department of Environment and I A Natural Resources Submit. NCDENR Request for Express Permit Review Time: _ Confirm: FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. Call and Email the completed form to the Permit Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application package of the project location. Please include this foam in the application package. • Asheville Region Alison Davidson 828-296-4698;aiiso:,.dav;dkon(�t?cdenrctov • Fayetteville or Raleigh Region -David Lee 919-7914203; david.lce(a-ncdenrsQov • Mooresville & Winston Salem Region - Patrick Grogan 704-235-2107 or vatrick.arcgen(a7nccfonr._gov • Washington Region -Lyn Hardison 252-948-3842 or; ny hardison r_rcdenrpcv • Wilmington Region -Janet Russell 910-796-7302 or'aI net.russe11b1ncdenrgGv • Wilmington Region -Cameron Weaver 910-796-7303orcameror..weavco(c�r:cdenr.gov NOTE: Project application received after 12 noon will be stamped in the following work day Enter Rgiated SW Permits of Reouest SW SW SW SW St Project Name: SALTWATER PALMS County: BRUNSWICK Applicant: ANDREW SMITH/D LOGAN Company: OIB DEVELOPMENT, LLC Address: 60 GREGORY ROAD City:BELVILLE, State: NC Zip: 28451 Phone: 910-200-1959, Fax 910-791-6760, Email: ASMITH@LOGANHOMES.COM Physical Location: INTERSECTION OF BEACH DR (NC HWY 179) AND CAUSEWAY DR (NC HWY 904) Project Drains into SA; HQW waters. Is project draining to class ORW waters? N, within''/z mile and draining to class SA waters Y or within 1 mile and draining to class HQW waters? Engineer/Consultant: TIM CLINKSCALES Company: PARAMOUNTE ENGINEERING, INC. Address: 122 CINEMA DRIVE City:WILMINGTON, State: NC Zip: 28403-_ IECT AUG Z 2 2018 Phone: 910-791-6707, Fax: 910-791-6760, Email: TCLINKSCALES@paramounte-eng.com i ION ONE: REQUESTING AA SCQPING MEETING ONLY ❑ Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ DLR; ❑ OTHER: SECTION TWO: CHECK ONLY THE PROGRAk:! (S))OU ARE REQUESTING FOR EXPRESS PERMITTING ❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls - Please attach TOPO map marking the areas in questions ❑ Intermittent/Perennial Determination: —# of stream calls - Please attach TOPO map marking the areas in questions ❑ 401 Water Quality Certification ❑ Isolated Wetland (_linear ft or _acres) ❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance ® State Stormwater ❑ General, please specify: (i.e. NEI'! Fast Track Low Den., Clear & Grub, SFR, Bkhd & Bt Rp, Linear, Utility, Other, etc:) ❑ Low Density - Please specify: [i.e. New, modified or plan revision -SW - _, _ (Provide permit 9)] ® High Density - Please specify: New [i.e. New, modified, offsite or plan revision (SW ;arovide Fe:mit#) & type of treatment (detention, infiltration, wetland, etc) etc]: ❑ Exclusion - Please specify: [if DOT project or redevelopment, etc] ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ❑ Land Quality ❑ Erosion and Sedimentation Control Plan with 18 acres to be disturbed. (CK # (for DEN use)) SECTION THREE PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting request) Wetlands on Site 0 Yes ❑ No Buffer Impacts: ® No ❑ YES: _acre(s) Wetlands Delineation has been completed: ® Yes ❑ No Isolated wetland on Property ❑ Yes ® No US ACOE Approval of Delineation completed: ® Yes ❑ No 404 Application in Process wl US ALOE: ® Yes ❑ No Permit Received from US ACOE ❑ Yes ® No For D=FNTII. u (, ,i?y Fee Split for multiple permits: Check # Total Fee Amount SUBMITTAL DATES Fee SUBMITTAL DATES Fee LAMA $ Variance (❑ Mal; ❑ Min) $ SW (❑ HD, ❑ LD, ❑ Gen) $ 401: 1 $ LQS $ Stream Deter,_ $ NCDENR EXPRESS July 2012 Salt Water Palms Express Stormwater Narrative August 2018 Project Narrative: OIB Development LLC is proposing to construct a single family residential neighborhood with associated roads, parking, sidewalks, and outparcels on the back 22.39-acre portion of a 44.86- acre parcel of land located south east of the intersection of Causeway Drive (NC Hwy 904) and Beach Drive (NC Hwy 179) in Brunswick County. This development is behind the newly constructed shopping center, Ocean Isle Market Place (SW8 161204). The parcel is further identified by Brunswick County Parcel Identification Number#: 107509066423. We are anticipating that this will be a high density project. The project is within the Lumber River Basin and drains to Kilbart Slogh with a stream classification of SA, HQW. We believe that the proposed outfall is within 1/z mile and draining to the surface water. The storm water runoff from this project will be conveyed within the limits listed above via a combination of swales, overland flow, and underground piped conveyance to a proposed wet detention basin with secondary treatment of a level spreader and vegetative filter 60'ppH[,iO HOW AWE OPimu 109 sau1 5DM x�. Z. 8 fk ` ✓ \ �� �I li z Old 1 . tf a �' g y9 sg� i — — � I I Weaver, Cameron From: Tim Clinkscales <tclinkscales@paramounte-eng.com> Sent: Tuesday, August 21, 2018 9:35 PM To: Weaver. Cameron Subject: [External] Express SW Date Attachments: SITE PLAN SALT WATER PALMS.pdf, Express Request Ocean Isle Beach - Logan.pdf; Express Stormwater Narrative Ocean Isle Beach Salt Water Palms.pdf D. not click links at open attachments jinless verified. Send a I I suspiclou, Re a Cameron would like to set up an express date for the project in Ocean Isle. Thanks Tim Clinkscales PE, PLS PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.paramounte-eng.com Hall, Christine From: Hall, Christine Sent: Tuesday, August 28, 2018 8:50 AM To: tclinkscales@paramounte-eng.com Cc: Weaver, Cameron Subject: Saltwater Palms express request Ti m, Cameron brought the express request for Saltwater Palms to me for consideration in the express program. In looking at the request and at the adjacent permit for Ocean Isle Market Place (SW8 161204), Infiltration Basin 2 appears to now be on the property to be subdivided and developed by OIB Development, LLC. I looked at the Brunswick County GIS website and the SCM and the road area treated in the SCM does appear to be located in this subdivided parcel. In order to be able to schedule Saltwater Palms into Express, you will either need to submit a second request to modify Ocean Isle Market Place, SW8 161204, to remove the SCM and associated area from that permit or demonstrate that this area remains with Ocean Isle Market Place. Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 �T.{]'' i/!;Ci'7i�S�iF ��+'Jrtt� lr C�r�7��fC` ilY'f1C i 2�.: ; CS 6_al?'� c7ro ,'tr�^r' �� C'1: `.:IO ��; * �^ �;''' Lewis,Linda From: Lucas, Annette Sent: Tuesday, January 17, 2017 8:26 AM To: Lewis,Linda; Scott, Georgette; Burdette, Jennifer a Cc: Coburn, Chad; Bennett, Bradley; Randall, Mike; Dumpor, Samir; Lawyer, Mike; Higgins, Karen Subject: Re: Ocean Isle Beach Marketplace Good morning, Sorry for the slow response, I was in Greensboro late last week for the first "Welcome to the MDC" training (it went well, thank goodness). There have been a lot of changes with the new rules and some legislation and we in the CO have not done as good a job as we could have to keep the ROs informed about everything. That is why I have copied Samir and Mike Lawyer on this response. A couple of key points: With the new rules, disconnected impervious surface (DIS) is an SCM that can be used on any development regardless of whether Storm-EZ is used for the calculations. I feel comfortable allowing stormwater that has been treated via DIS to be discharged to a natural wetland because the design standards for DIS severely limit how much BUA can be directed to it. Also, a significant amount of the stormwater will infiltrate by the edge of the DIS before reaching the wetland as surface flow. I think discharging to wetlands at the edge of a DIS is a win for the environment (the wetlands won't dry up) and a win for the developer (will reduce the amount of pipe/swale required and the size of the SCM). There was legislation in 2015 that prohibits DEQ from mandating the calculation method for the 1- year, 24-hour storm. (http://www.ncga.state.nc.us/Sessions/2015/Bills/House/PDF/H765v6.pdf, page 56.) Asa matter of fact, the new rules do not mandate any calculation methods for storms of any depth per clear instructions we received during the public comment period. So, the NRCS method can now be used anywhere (again, regardless of whether Storm-EZ is used for the calculation method). As a side note, we don't use 85% TSS removal as the design standard for SCMs any more because it is not an accurate portrayal of their actual performance. This is explained in the "SCM Credit Document" that is available in draft on the Stormwater Design Manual web site. Please let me know if you have questions. Thanks, Annette From: Lewis,Linda Sent: Thursday, January 12, 2017 10:14:24 AM To: Scott, Georgette; Burdette, Jennifer a; Lucas, Annette Cc:.Coburn, Chad Subject: RE: Ocean Isle Beach Marketplace Jennifer: As discussed, the stormwater rules do not currently allow a high density development to utilize existing wetlands to meet the water quality standard for treating stormwater runoff. Several years ago, we started a discussion to find a way to allow a natural wetland to be utilized for stormwater treatment. But, Glue to the my Jad of factors that determine how wall a natural wetland will assimilate pollutants, we could not come up with any specific criteria to meat the 85% TSS removal standard. The Division does not require that a consultant design Just one large BMP to treat runoff on sites with a lot of wetlands. Ever since we became aware of the situation with dried up wetlands due to the: collection and treatment of. runoff, we have reviewed stormwater a,)plications and made comments to reairect the discharge from the BMP back into the wetlands, where possible. The Ocean Isle Beach Marketplace application was submitted using SCS methodology to calculate the pre/post volume difference for the 1 year 24 hour storm. �,f the applicant would like to resubmit utilizing the StormEZ spreadsheet, there is an ability to have "disconnected" BUA which just requires sheet flow from built -upon area at a non -erosive velocity, as was suggested by Annette. The amount of BUA that can be "disconnected" will be limited based on the amount of runoff volume that StormEZ calculates to i;e treated. Linda From: Scott, Georgette Sent: Wednesday, January 11, 2017 1:31 PM To: Burdette, Jennifer a <Jennifer.Burdette@ncdenr.gov> Cc: Coburn, Chad <chad.coburn@ncdenr.gov>; Lewis,Linda <linda.lewis@ncdenr.gov> Subject: RE: Ocean Isle Beach Marketplace Linda Lewis, v ho is roviewin e SVw Alt s tinder-e E: mress program ri ift nr))� fc-, `his project, ism ire ;�miliar ti;is site. I am forv,i-nruing this email to her to ar5v ;our cli:Est or. _c' & "Ic,ase see jer.ritcr's ruestior• belov�,. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 ('eor eae.ScotC(�,r?cd�,'Fi.. 127 Cardinal Drive Ext. Wilmington, NC 28405 ... ,Gbt;✓ ..°...tics H'. Y.,C.'1„r.r•_ '. 1;: �7 i°.�' From: Burdette, Jennifer a Sent: Wednesday, January 11, 2017 1:22 PM To: Scott, Georgette <Beorge-tte..scr)tt@ricdenr.gov> Cc: Coburn, Chad <chad.coburn@ncdenr. ;ov> Subject: FW: Ocean Isle Beach Marketplace Georgette, I rhir ik you were pant of t"e stormwater meeting th2t Karen Hi7gi.1s, Annette Lucas and I ca led into that was held v:,ith the Corps. Below is a request for additional inforrr.atien item that I would lii•:e to, send for the subject project. VJoauld you mind to please rev(,ew and let me lrnow if you have any changes or suggestions? Thanks, Jennifer Jennifer Burdetta 401/Buffer Coordinator Division of Water Ressurces 40-1 & Buy er Psrm t irg Branch DepF-Ament of Environmental Quality 919 &N 6264 office Lan nifei-.burdett.77CU)ncdF;,r. gm, 1617 Mail Service Center Raleigh, NC 27699-1617 {Physical Add ess: 512 N. Salisbury St, Raleigh, NC 27604 - 9t' Fir Archdale 12!0g — Room 9, 2F; :.� ~ .,. Z.- From: Burdette, Jennifer a Sent: Wednesday, January 11, 2.03.7 10:12 AM To: Coburn, Chad <c`izd.coburr ncaen.r.;^ov> — �------ Subject: Ocean Isle Beach Marketplace Chad, Would you please run this request by the stormwater folks in your office? V,lit ! re-ard to w ;intainirs? :i:_ !1 droiog of -the t!and !"= �I"eani f e 9 --t po y F� �s "iS;' _,� J Y ..Y 'M a ti � t re:tc::,.ros � r> rL; .rear r.. ,per, I'lt?i air" 1 ti-wiL il-i .. }project Ari-nei'r ii v rU tte_ hv.,. Che ltp-,i'c,rd .rs'�ehIrn. ;:hsft irs!or;= to d .' errr!;n i1 infiltri7tio, I is 7 in-Ne. Pleases ;s0 cu. ii� _ 'Lies iliilg tl1E 'cad i}E:ilin.:' the, r?rClcnry t a.fiov., stogy mv}.zc er to r:.:roif :i sheet fl :w irz=ot.A etl .,nd area. 1?.e Group c the Divisior-� of Energy, i!,ir;eru Ord' Land 1=; sso-i is ct:li(i r: thi,> vificiL that t!-'is is an -accepzRlb- lie 1i1e( iod. for -SturrT1:TiaLrr.r rn&,;')agr-. er-t plans to avoid r ernovii? .- }he '.:\� l '�ii?tTi,' o-i ac. Ia ei �t ` jedan;Js as iong as the r low v � - ... � dou�i�, E~�� nor:- cro:ii7ve Thanks, Jennifer Jennifer Burdette 401/Buffer Coordinator Division of Water Resources 401 & Buffer Permitting Branch Department of Environmental Quality 919 807 6364 office ernifer.burde le.DcyrcdE ,,nr acv 1617 Mail Service Center Raleigh, NC 27699-1617 (Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - V, F/rArchdale Bldg Room 942F) M Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY January 17, 2017 William Brown, Jr., President Halpern Enterprises, Inc. 5200 Roswell Road, NE Atlanta, GA 30342 Subject: State Stormwater Management Permit No. SW8 161204 Ocean Isle Beach Market Place High Density Commercial Project with Outparcels Brunswick County Dear Mr. Brown: ROY COOPER Governor WILLIAM G. ROSS, JR. Acting Secretary TRACY E. DAVIS Director The Wilmington Regional Office received an Express State Stormwater Management Permit Application for Ocean Isle Beach Market Place on December 8, 2016, with final information on January 17, 2017. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 and Session Law 2008-211. We are forwarding Permit No. SW8 161204 dated January 17, 2017, for the construction, operation and maintenance of the BMP's and built -upon area associated with the subject project. This permit shall be effective from the date of issuance until January 17, 2025, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, certification of the BMP's, procedures for changing ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to certify the BMP's, to transfer the permit, or to renew the permit, will result in future compliance problems. Halpern Enterprises, Inc., as the identified developer and successor to Halpern Development Company, LLC by assignment of the Contract for Purchase dated January 4, 2017, shall be the designated permit holder and is responsible for meeting the conditions and limitations specified therein. The property owner, DWE Timber, LLC, will be responsible for notifying the Division if the purchase agreement between Halpern Enterprises, Inc. and DWE Timber, LLC, is dissolved, cancelled or defaulted. In that case, the responsibility for permit compliance reverts back to the property owner, DWE Timber, LLC. The permittee shall notify the Division immediately of any permit ownership changes by submitting a completed and signed Name/Ownership Change form to the Division within 30 days. Otherwise DWE Timber, LLC, will be operating a stormwater treatment facility without a valid permit. This is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the .North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. State of North Carolina I Environmental Quality ; Energy, Mneral and Land Resources Wilmington Regional Ofiice 1 127 Card!nai Drive Extension I M'n-dngtom NC 28405 910 796 7215 State Stormwater Permit No. SW8 161204 Page 2 of 2, If you have any questions, or need additional information concerning this matter, please contact Linda Lewis in the Wilmington Regional Office, at (910) 796-7215. Sincerely, O Tracy Davis, P.E., Director Division of Energy, Mineral and Land Resources GDS/arl: \\\Stormwater\Permits & Projects\2016\161204 HD\2017 01 permit 161204 cc: DeCarol Williamson, DWE Timber, LLC Property Owner Dan Fisk, P.E., Paramounte Engineering Justin Whiteside, Town of Ocean Isle Beach Inspections Brunswick County Engineering Wilmington Regional Office Stormwater File State of North Carolina I Environmental Quality i Energy; Mineral and Land Resources Wilmington Regional Office I t27 Cardinal Drive Extension I Wilmington. NC 28405 910 796 7215 State Stormwater Management Systems Permit No. SW8 161204 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY COMMERCIAL SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Halpern Enterprises, Inc. (developer) and DIME Timber, LLC (property owner) Ocean Isle Beach Market Place Intersection of NC 179 and NC 904, Ocean Isle Beach, Brunswick County FOR THE construction, operation and maintenance of built -upon area for a commercial development with outparcels located within Y mile of and discharging to Class SA waters, with runoff to be treated in one (1) wet detention pond with a secondary BMP infiltration basin and one (1) alternative design infiltration basin, in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter referred to as the "stormwater rules') the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources (hereafter referred to as the Division or DEMLR) and considered a part of this permit. This permit shall be effective from the date of issuance until January 17, 2025 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. The commercial development is permitted for a total of 644,150 sf of onsite built -upon area which includes a total of 242,664 sf divided up between the five (5) outparcels. Each of the outparcels is limited to that maximum amount of built -upon area as indicated in Section 11.6 (f) of this permit. 3. The stormwater control measures have been approved for the management of stormwater runoff as described in Sections 1.8, 1.9, 1.10 and 1.11 of this permit. The runoff from all built -upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control measures. The stormwater control measures labeled DA 1 and DA 2 have been designed to handle the runoff from 605,000 square feet and 39,150 square feet of built -upon area, respectively. 4. The drainage areas will be limited to the amounts of built -upon area indicated in Sections 1.3, 1.8 and 1.10 of this permit, and per approved plans. The built -upon area for the future development is limited to 36,637 square feet in DA 1 and 587 square feet in DA 2. Page 1 of 10 State Stormwater Management Systems Permit No. SW8 161204 5. A 50' wide vegetative setback must be provided and maintained adjacent surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of both sides of streams and rivers and the mean high water line of tidal waters. 6. All runoff being directed into wetlands shall flow into and through those wetlands at a non -erosive velocity. 7. Prior to the discharge of stormwater runoff from any outparcel into the approved stormwater system, the permittee shall ensure that the proposed built -upon area on that outparcel does not exceed the maximum allowed under this Permit. 8. The following design criteria have been permitted for the wet detention pond and must be provided and maintained at the design condition. a. Rule Cite 2008 b. Drainage Area, acres: Onsite, ft2: Offsite, ft2: 19.68 857,175 0 c. Total Impervious Surfaces, ft2: Onsite, ft2: All 5 Outparcels, ft2: Future, ft2: Offsite, ft2: 605,000 325,699 242,664 36,637 0 d. Average Pond Design Depth, feet: 4.0 e..TSS Removal Efficiency: 90% f. Design Storm, inches: 3.7 g. Permanent Pool PP Elevation, FMSL: 20.5 h. Permitted PP Surface Area, ft2: 56,660 i. Temporary Storage Elevation, FMSL: 23.0 j. Permitted Storage Volume, ft3: 154,341 k. Predevelopment 1 yr-24 hr. discharge rate, cfs:. 2.6 I. Controlling Orifice, inch 0 pipe: 5.0 m. Orifice Flow Rate, cfs: 0.59 n. PP Volume, ft3: 228,679 o. Foreba Volume, ft3: 49,260 p. Maximum Fountain Horsepower: 3/4 q. Receiving Stream/River Basin: Kilbart Slough / LBR59 r. Stream Index Number: 15-254 s. Classification of Water Body: SA HQW 9. The discharge from the wet pond shall be directed to a secondary BMP. The following design criteria have been permitted for the secondary BMP infiltration basin #1 to meet the "No direct discharge" requirement contained in NCAC 02H .1005 (a)(1)(C), and must be maintained at this design condition: a. Wet pond average discharge through the orifice, cfs: 0.59 b. Total volume to be infiltrated, cf: 151,844 c. Bottom surface area, sf: 9,435 d. Soil Infiltration rate, in/hr-. 3.5 e. Infiltration flowrate through the bottom, cfs: 0.76 f. Volume of the infiltration basin, cf: 21,384 Page 2 of 10 State Stormwater Management Systems Permit No. SW8 161204 10. The following design criteria have been permitted for the alternative design infiltration basin in DA 2, and must be maintained at design condition: r DA 2 a. Rule cite 2008 b. Drainage Area, acres: Onsite, ft2: Offsite, W. 1.93 84,035 0 c. Total Impervious Surfaces, ft2: Onsite, ft2: Offsite, ft2: ' Future, ft2: 39,150 38,563 0 587 d. Design Storm, inches: 3.7 e. Basin Depth, feet: 2.30 f. Bottom Elevation, FMSL: 21.0 g. Bottom Surface Area, ft2: 31140 h. Bypass Elevation, FMSL: 23.3 i. Permitted Storage Volume, W: 12,356 j. Predevelopment 1 yr-24 hr. discharge rate, cfs: n/a k. Type of Soil: Wando 1. Expected infiltration Rate, in/hr: 4.0 m. Seasonal High Water Table, FMSL: 17.75 n. Time to Draw Down, days: <1 o. Receiving Stream/River Basin: Kilbart Slough / LBR59 p. Stream Index Number: 15-25-4 q. Classification of Water Body: SA HQW 11. Per section .1008 (h) of the stormwater rules, the alternative design infiltration basin in DA#2 provides equal or better protection because it infiltrates a 10-year, 24-hour storm without discharging, using an infiltration rate of one-half of the expected infiltration rate provided in the soils report. The infiltration basin is designed in accordance with Option #4 of Section 16.3.9 of the BMP manual, therefore, no bypass, no vegetated filter strip, and no additional storage volume are required. The approved parameters are: a. 10 yr 24 hr design storm, inches 7.0 (from NOAA chart) b. Volume to infiltrate, cf: 22,439 (per HydroCAD) C. Volume infiltrated in 24 hours, cf: 12,560 (at % reported infiltration rate) d. Remaining volume to infiltrate, cf: 9,879 (must be < provided storage volume) 11. SCHEDULE OF COMPLIANCE No person or entity, including the permittee, shall alter any component of the approved stormwater system shown on the approved plans unless and until the Division has approved of the revised plan. 2. The stormwater management system shall be entirely constructed, vegetated and operational for its permitted use prior to the construction of any built -upon surface. 3. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. If the stormwater system is used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 3of10 State Stormwater Management Systems Permit No. SW8 161204 5. The permittee shall review all outparcel plans for compliance with the conditions of this permit. The permittee shall not approve any plans where the maximum allowed built - upon area has been exceeded, or where revisions to the grading or to the storm drainage system are proposed, or where impervious surface is proposed within the 50' stormwater setback, unless and until a permit modification has been approved by the Division. 6. Prior to the sale of any outparcel, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 161204, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. G. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f The maximum built -upon area for each outparcel is listed below, in square feet. This allotted amount includes any built -upon area constructed within the outparcel property boundaries, and within that portion of the right-of-way adjoining the property lines to 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 slatted decking, the water sur face of swimming pools, a surface of #57 sione laid at least four (4) inches thick over a geotextile fabric or a "trail" as defined in NCGS 113A-85. Outparcel #1 @23,998 ft2; Outparcel #2 @27,763 ft2; Outparcel #3 @47,896 ft2; Outparcel #4 @47,640 ft2; and Outparcel #5 @95,367 ft2. g. All runoff from the built -upon areas on the outparcel must drain into the permitted stormwater control measure. This may be accomplished through any means available including piping, grading and swales. h. Built -upon area in excess of the permitted amount will require a permit modification. i. All affected outparcels shall maintain a 50' wide vegetative setback adjacent to surface waters, measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each side of streams and rivers and the mean high water line of tidal waters. j. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater Rulcs is subject to enforcement procedures as set forth in G.S. 143, Article 21. k. Each outparcel within the project whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division and receive a permit prior to any construction on the lot. 7. The permittee shall record the required deed restrictions prior to the conveyance of any outparcel. The permittee shall submit a copy of the recorded deed restrictions to the Division within 30 days of the date of recording. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. Page 4 of 10 State Stormwater Management Systems Permit No. SW8 161204 8. The permittee is responsible for the routine monitoring of the entire project for compliance with the built -upon area limits, grading, storm drainage collection system and the stormwater control measures, as established by this permit, the permit documents, the approved plans, and the recorded deed restrictions. The permittee shall notify any outparcel owner that is found to be in noncompliance with the conditions of this permit in writing, and shall require timely resolution. 9. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater control measures function at design condition. The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals. 10. If the permanent pool volume in the wet detention pond stormwater treatment system is greater than 30,000 cubic feet, a decorative spray fountain will be allowed subject to the following criteria: a. The fountain must draw its water from less than 2' below the permanent pool s u rface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. C. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum horsepower for the fountain's pump is based on the permanent pool volume. The maximum pump power for a fountain in this pond is 3/. 11. The facilities shall be constructed, operated and maintained in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data as attached to this permit and on file with the Division. 12. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, the permittee shall cause a certification from an appropriate designer for the system installed to be submitted, 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 C;ertifir:ation 13. All stormwater runoff collection and treatment systems must be located in either public rights -of -way, dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such rights -of -Way, common areas and easements, in accordance with the approved plans. Access to the stormwater facilities for inspection and maintenance shall be maintained via appropriate recorded easements at all times. 14. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater control measures, built -upon area, details, etc. b. Redesign or addition to the approved amount of built -upon area or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area. d. Filling in, modifying, eliminating, regrading, resizing, relocating or rerouting any of the approved runoff collection and conveyance components or SCM's. e. The construction of any future BUA listed on the application. f. The construction of permeable pavement for BUA credit. g. Modifications resulting from deviations after certifying the project. Page 5of10 State Stormwater Management Systems Permit No. SW8 161204 15. Prior to transfer of the permit, the stormwater facilities will be inspected by Division personnel. The project and the stormwater facility must be in substantial compliance with all permit conditions. Any items not in substantial compliance must be repaired, replaced or restored to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 16. 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. 17. A completed and signed name/ownership change form must be submitted within 30 days by the permittee to notify the Division of any changes in ownership or by the property owner to notify the Division of any changes in development responsibility. If the purchase agreement between Halpern Enterprises, Inc. and DWE Timber, LLC, is dissolved, cancelled or defaulted, and the Division is not notified by the permittee to transfer the permit, then the responsibility for permit compliance reverts back to the property owner. Otherwise, DWE Timber, LLC will be operating a stormwater treatment facility without a valid permit, which is a violation of NC General Statue 143- 215.1 and may result in appropriate enforcement action including the assessment of civil penalties. III. GENERAL CONDITIONS 1. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 2. 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) having jurisdiction. 3. In the event that the facilities fail to perform satisfactorily the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater control measures. Additional or replacement stormwater control measures shall receive a permit from the Division prior to construction. 4. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed Name/Ownership Change Form, accompanied by the supporting documentation as listed on the form, to the Division of Energy, Mineral and Land Resources at least 60 days prior to any one or more of the following events: a. An ownership change including the sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions; b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of Session Law 2011-256; C. Bankruptcy; d. Foreclosure, subject to the requirements of Session Law 2013-121, e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-01(e) and NCGS 57D-6-07; f. A name change of the current permittee; g. A name change of the project; h. A mailing address change of the permittee; Page 6 of 10 State Stormwater Management Systems Permit No. SW8 161204 5. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. 6. The permittee grants DEMLR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 7. The permit issued shall continue in force and effect until modified, revoked, terminated or renewed. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition. 8. Approved plans, calculations, supplement forms, operation and maintenance agreements and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 9. Unless specified elsewhere, permanent seeding requirements for the stormwater control measures must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006-246, Title 15A NCAC 2H.1000, Session Law 2008-211 and NCGS 143-215.1 et.ai. 11. The permittee shall submit a permit renewal application request at least 180 days prior to the expiration date of this permit. The renewal request must include a completed and signed renewal application form, documentation and the processing fee. Permit issued this the 17th day of January 2017. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Ics�� i racy 4Avis, r'.t. uirector Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 161204 Page 7 of 10 State Stormwater Management Systems Permit No. SW8 161204 Master Permit No. SW8 161204 i Lot # from Master Permit Drains to Pond # Offsite Permit No. Date Issued i Offsite Project Name Allocated BUA Proposed BUA OP #1 DA1 j 23,998 OP #2 DA1 27,763 OP #3 DA1 I 47,896 j OP #4 DA1 j 47,640 OP #5 DA1 I 95,367 Page 8 of 10 State Stormwater Management Systems Permit No. SW8 161204 Ocean Isle Beach Market Place Stormwater Permit No. SW8 161204 Brunswick County Designer's Certification Page 1 of 2 I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 9 of 10 State Stormwater Management Systems Permit No. SW8 161204 Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short-circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. 16. All components of the stormwater BMP are located in either recorded common areas, or recorded easements. cc: NCDEQ-DEMLR Regional Office Justin Whiteside, Town of Ocean Isle Beach Building Inspections Page 10 of 10 DEMLR USE ONLY Date Re ei ed Fee Paid Permit Number Applicable ul ❑Coastal SW -�If ❑Coastal SW - 2008 ❑ Ph II - Post Constructioif (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ Mgmt Plan: State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Ocean Isle Beach Market Place 2. Location of Project (street address): Beach Drive (NC Hwy 179) City:Ocean Isle Beach County:Bruns*r :ck -ip: 3. Directions to project (from nearest major intersection): Traveling north east along Beach Drive (NC Hwy 179), the project is on the right hand side of the road aRp oximately 500 ieei from the intersection of Beach Drive and Causeway Dr/Ocean isle Beach Rd SW 4. Latitude:33° 54' 19" N Longitude: 78° 26' 14" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ®New ❑Modification ❑ Renewal w/ Modificationt tRenewals with modifications also requires SWU-IO2 - Renewal Application Form b. If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) , and the status of construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High Density ❑Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DEMLR requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ®Sedimentation/Erosion Control: ac of Disturbed Area ❑NPDES Industrial Stormwater 0404/401 Permit: Proposed Impacts 1.508 Acres b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: 5. Is the project located within 5 miles of a public airport? [:]No ®Yes If yes, see S.L. 2012-200, Part VI: ht ortal.ncdenr.or web lr rules -and -re latio� Form SWU-101 Version Oct. 31, 2013 Page 1 of 6 e�� III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:Halpern Enterprises, Inc. Signing Official & Title:Wil lam Brown Tr. - President b. Contact information for person listed in item 1a above: Street Address:5200 Roswell Road NE City:Atlanta State:GA Zip:30342 Mailing Address (if applicable): City: Phone: (770 ) 508-3319 Email:bbrown@halpernent.com State: Zip: Fax: (774 °Z -KO c. Please check the appropriate box. The applicant listed above is: ❑ The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ® Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization:DWE Timber LLC Signing Official & Title:Decarol Williamson b. Contact information for person listed in item 2a above: Street Address:2618 New Village Way _ City: Wilmington State:NC Zip:28405 Mailing Address (if applicable): City: State: Zip: Phone: (910 ) 251-7899 Fax: Email: 3. a. (Optional) Print i to name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: Signing Official & Title: b. Contact information for person listed in item 3a above: Mailing Address: City: State: Phone: ( Fax: Email: 4. Local jurisdiction for building permits: Point of ContactJustin Whiteside Phone #: Zip: ECEIVE BY: ------------- Form SWU-101 Version Oct. 31, 2013 Page 2 of 6 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Impervious runoff will be collected in roof leaders, catch basins, and open channel swales and routed to either a wet detention basins / infiltration basin set up in series or an infiltration basin / infiltration trench for treatment. 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to the Lumber River basin. 4. Total Property Area: 44.859 acres 5. Total Coastal Wetlands Area: acres 6. Total Surface Water Area: acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+:44.859 acres + Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NSW, line or Mean High Water (MriV� line, and coastal wetlands landward from the NHVV (or A4 Vv) line. The resultant project area is used to calculate overall percent built upon area (B UA). Non -coastal wetlands landward of the NHW (or MHK) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 33.0 9. How many drainage areas does the project have?2 (For high density, count I for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 Drainage Area 2 Drainage Area _ Drainage Area _ Receiving Stream Name Kilbart Slogh Kilbart Slogh Stream Class * SA, HQW SA, HQW Stream Index Number * 15-25-4 15-25-4 Total Drainage Area (sf) 857,175 84,035 On -site Drainage Area (so 857,175 84,035 Off -site Drainage Area (so 0 0 Pro -posed Impervious Area" 'sf' 1 605,000 39,150 % Impervious Area** total 70.6 1 46.6 Impervious' Surface Area Drainage Area 1 Drainage Area 2 Drainage Area Drains a Area On -site Buildings/Lots (sf) 57,225 0 On -site Streets (sf) 58,366 32,785 On -site Parking (sf) 192,348 0 rA On -site Sidewalks (sf) 17,760 5,778 Other on -site (sf) 0 242,664 0 Future (sf) 36,637 587 - Off -site (sf) 0 0 " d Existing BUA*** (sf) 0 0 Total (sf): 605,000 39,150 * Stream Class and Index Number can be determined at: http, portal.ncdenr.org&eblzvq&s/csu/classifications Im ervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. 'Report only.that amount of existing BUA that will remain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. Form SWU-101 Version Oct. 31, 2013 Page 3 of 6 11. How was the off -site impervious area listed above determined? Provide documentation. N/A Proiects in Up -ion County: Contact DEMLR Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements aspen 15A NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://portal.ncdenr.orz/web/wa/ws/su/bmv-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms does. The complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the interactive online map atht!p://portal.ncdenr.org/web/.-I%rA/ws/su/maps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from hU://12ortal.ncdenr.or-z/web/wq/ws/su/statesw/forms does. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants ✓ Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M ✓ agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to ✓ http://www.envhelp.org/1ages/onestopexpress.html for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor ✓ the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the ✓ receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the 1/2 mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. IVE 1. Details of roads, drainage features, collection systems, and stormwater control I sures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineate y a 0 �016 qualified person. Provide documentation of qualifications and identify the per who`-C made the determination on the plans. it n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff cal o. Drainage areas delineated (included in the main set of plans, not as a separate document). Form SWU-101 Version Oct. 31, 2013 Page 4 of 6 p. Vegetated "buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify f elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xll" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verify the SHWT prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: 3559 Page No: 1353 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. ht!p://www.secre!4a.state.nc.us/Corl2orations/CSearch.mpx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from ht42://12ortal.ncdenr.org/web/Ir/state-stormwater- forms docs. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holders) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer:Daniel T. Fisk, PE Consulting Firm: P aramounte Engineering, Inc. Mailing Address:122 Cinema Drive City:Wilming*on State:NC Zip:23403 Phone: (910 ) 791-6707 Fax: (910 ) 791-6760 Email: dfisk@paramounte-eng.com IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) Decarol Williamson certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item 1a) William Brown Jr. with (print or type name of organization listed in Contact Information, item 1a) Halpern Enterprises, Inc. to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. ECEIVE DEC 0 6 2016 BY: Form SWU-101 Version Oct. 31, 2013 Page 5 of 6 As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1 ) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including tl}e ass ,pgme&t & ciyil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Date: `7✓.2. / /,�, I, 3QC&a1f\ kt 1 • CAA\'E, , a Notary Public for the State of lli C- , County of Q R rA %r , do hereby certify that 9 ` DECc-c& CsynSon, personally appeared before me this Al day of J O`w ao l G�, and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, . 1,., NOTARY PUBLIC R ColpX9 X. APPLICANT'S CERTIFICATION SEAL My commission expires of l (S I 1 L' I, (print or type name of person listed in Contact Information, item la) 4J 4 444 ,�wh Tr' certify that the information included on this permit application form. is, to thE best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recg4ded, and that the proposed project complies with the requirements of the applicable stormwateruerNCAC 2H .1000 and any other applicable state stormwater requirements. Date: I, /a v a Notary Public for the State of County of u 1 do hereby certify that Lv I ( b A m 7 3"Lun , 4.r personally appeared before me this Z day of --OtC2 9 Ll .10 I L and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, I `h) DARA W TABB NOTARY PUBLIC COMMISSION EXPIRES JANUARY 27, 201T EULTON COUNTY, GEORGIA SEAL My commission expires 71oi"rli Form SWU-101 Version Oct. 31, 2013 Page 6 of 6 Permit (to be provided by DWQ) ATA NC DENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part ll!) must be printed, filled out and submitted along with all of the required information. I. PROJECT INFORMATION Project name Ocean Isle Beach Market Place Contact person Daniel J. Fisk, PE Phone number 910.791.6707 Date 12.06.16 Drainage area number 1 Ill., DESIGN INFORMATION." Site Characteristics Drainage area 857,175 f;2 Impervious area, post -development 605,000 ff % impervious 70.58 % Design rainfall depth 3.7 in Storage Volume: Non -SA Waters Minimum volume required N (� fe Volume provided fe Storage Volume: SA Waters 1.5" runoff volume 73,420 fl3 Pre -development 1-yr, 24-hr runoff 25,259 fe Post -development 1-yr, 24-hr runoff 177,103 fe Minimum volume required 151,844 fO Volume provided 154,341 fe C C E' V G i••- Peak Flow Calculations Is the prelpost control of the 1 yr 24hr storm peak flow required? Y (Y or N) DEC 0 8 20% 1-yr, 24-hr rainfall depth in Rational C, pre -development (unitless) Rational C, post -development (unitless) ' Rainfall intensity: 1-yr, 24-hrstorm inlhr Pre -development 1-yr, 24-hr peak flow 2.58 felsec Post -development 1-yr, 24-hr peak flow 58.78 fl3/sec Pre/Post 1-yr, 24-hr peak flow control 56.20 f?1sec ,I ��R ,t,11 Elevations Temporary elevation 23.00 fmsl •���0 '� ZO pool Permanent pool elevation 20.50 fmsl ..r SHWT elevation (approx. at the perm. pool elevation) fmsl- Top of 10ff vegetated shelf elevation 20.50 fmsl %1 _ Bottom of 1Oft vegetated shelf elevation 19.50 fmsl IZ Sediment deanout, top elevation (bottom of pond) 15.00 fmsl z .O%.Itp Sediment deanout, bottom elevation 14.00 fmsl Sediment storage provided 1.00 It YE` J Is there additional volume stored above the state -required temp. pool? Y (Y or N) Elevation of the top of the additional volume 23.0 fmsl OK Form SW401-Wet Detention Basin-Rev.9-4/18/12 Parts I. & II. Design Summary, Page 1 of 2 Permit (to be provided by DWQ) II. DESIGN INFORMATI0N Surface Areas Area, temporary pool 66,860 fe Area REQUIRED, permanent pool SAIDA ratio Area PROVIDED, permanent pool, �,m� Area, bottom 0* vegetated shelf, Aa Area, sediment cieanout, top elevation (bottom of pond), 46-,nd Volumes Volume, temporary pool Volume, permanent pool, Vmrrn_pwl Volume, forebay (sum of forebays if more than one forebay) Forebay % of permanent pool volume SAIDA Table Data Design TSS removal Coastal SAIDA Table Used? Mountain/Piedmont SAIDA Table Used? SAIDA ratio Average depth (used in SAIDA table): Calculation option 1 used? (See Figure 10-2b) Volume, permanent pool, l errnp of Area provided, permanent pool, jorrn_pw Average depth calculated Average depth used in SAIDA, ck, (Round to nearest 0.5ft) Calculation option 2 used? (See Figure 10-2b) Area provided, ermanent pool, 4 ,,,, pod Area, bottom of!ft vegetated shelf, Aa shelr Area, sediment cleanout, top elevation (bottom of pond), &c_pmd "Depth" (distance b/w bottom of A shelf and top of sediment) Average depth calculated Average depth used in SAIDA, 4,,, (Round to down to nearest 0.5ft) Drawdown Calculations Drawdown through orifice? Diameter of orifice (if circular) Area of orifice (if -non -circular) Coefficient of discharge (t-0) Driving head (Ft) Drawdown through weir? Weir type Coefficient of discharge (CN) Length of weir (L) Driving head (H) Pre -development 1-yr, 24-hr peak flow Post -development 1-yr, 24-hr peak flow Storage volume discharge rate (through discharge dfice or weir) Storage volume drawdown time Additional Information Vegetated side slopes Vegetated shelf slope Vegetated shelf width Length of flowpath to width ratio Length to width ratio Trash rack for overflow & orifice? Freeboard provided Vegetated filter provided? Recorded drainage easement provided? Capures all runoff at ultimate build -out? Drain mechanism for maintenance or emergencies is: 51,945 fe 6.06 (unitless) 56,660 flOK 37,855 fl? 23,350 ft2 154,341 fe OK 228,679 fps 49,260 ff 21.5% % OK 90 % Y (Y or N) N (Y or N) 6.06 (unitless) N (Y or N) 228,679 fP 56,660 ftz 0000— ft ft Y (Y or N) 56,660 ft2 37,855 fe 23,350 fe 4.50 ft 4.10 ft 4.0 It Y (Y or N) 5.00 in 641 A. in2 0.60 (unitless) 0.8210.83 ft N (Y or N) (unitless) (unitless) ft ft 2.68 fe/sec 58.78 its/sec 0.5910.60 ifisec 2.8812.98 days 3 :1 6 :1 6.0 It 3 :1 3.6 :1 Y (Y or N) >/=1 ft N (Y or N) (Y or N) Y (Y or N) Need 3 ft min. OK OK aft'0 1 Paw vw ,0 ' *&04%eL'O reldlrre"diodlaluETam greaier than pie-dev, ig46f. Ire :``Mcdpowdown imm `h-, :1!h;n j unya. OK OK OK OK OK OK OK OK BY: :-CEIVI DEC 0 8 ZU10 Form SW401-Wet Detention Basin-Rev.9.4/18/12 Parts I. & It. Design Summary, Page 2 of 2 Permit No. so s t & i o 4- (to be provided by DWQ) STORMWATER MANAGEMENT PERMIT APPLICATION FORM Da NC®ENR 401 CERTIFICATION APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part ///) must be printed, filled out and submitted along with all of the required information. I. PROJECT. INFORMATION Project Name Ocean Isle Beach Market Place Contact Person Daniel J. Fisk, PE Phone Number 910.791.6707 Date 12.15.16 Drainage Area Number 1 Con 2P4 II. DESIGN INFORMATION Site Characteristics Drainage area Impervious area Percent impervious Design rainfall depth Peak Flow Calculations 1-yr, 24-hr rainfall depth 1-yr, 24-hr intensity Pre -development 1-yr, 24-hr discharge Post -development 1-yr, 24-hr discharge Pre/Post 1-yr, 24-hr peak flow control Storage Volume: Non -SA Waters Minimum design volume required Design volume provided Storage Volume: SA Waters 1.5" runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum required volume Volume provided Soils Report Summary Soil type Infiltration rate SHWT elevation Basin Desion Parameters Drawdown time Basin side slopes Basin bottom elevation Storage elevation Storage Surface Area Top elevation Basin Bottom Dimensions Basin length Basin width Bottom Surface Area 857,175.00 fe 605,000.00 fe 70.58 % 3.73 in wl& ► IAV in pid, in/hr 0 X Osec ). o., ft3/sec y I /J01• N Ar ft3 A *41 ft, 73420.00 ft' 25,259.00 ft9 177,103.00 ft3 151844.00 ft3 21,384.00 —fe Wando fine sand 3.50 in/hr 19.75 fmsl 2.30 days 3.00 :1 20.50 fmsl 22.50 fmsl 11,830.00 f? 23.00 fmsl 105.00 ft 110.00 ft 9,435.00 le V_0K*M" am.?. OK OK ECEIVE DEC 15 2pffi BY'SlaFllol20 qg o CARO�, • 040501 '•y0:�(3tN�C�''�r Form SW401-Infiftration Basin-Rev.5 11Apr2011 Parts I. & It. Design Summary, Page 1 of 2 Permit Additional Information Maximum runoff to each inlet to the basin? 14kr ac-in Length of vegetative filter for overflow NIA ft Distance to structure >15 ft Distance from surface waters >50 ft Distance from water supply well(s) >100 ft Separation from impervious soil layer >1 ft Naturally occuring soil above shwt 0.42 ft Bottom covered with 4-in of clean sand? Y (Y or N) Proposed drainage easement provided? 4 (Y or N) Capures all runoff at ultimate build -out? Y (Y or N) Bypass provided for larger storms? Y (Y or N) Pretreatment device provided Wet Pond OK OK OK OK OK ce OK OK OK ECEIVE DEC 15 2016 BY. (to be provided by DWQ) Form SW401-Infiltration Basin-Rev.5 11Ap2011 Parts I. S ii. Design Summary, Page 2 of Permit No.SW3 f & 12.0 4- (to be provided by DWQ) y/ 'P0.-% STORMWATER MANAGEMENT PERMIT APPLICATION FORM WDENR 401 CERTIFICATION APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part Ill) must be printed, filled out and submitted along with all of the required information. I. PROJECTINFORMAT10N Project Name Ocean Isle Beach Market Place Contact Person Daniel J. Fisk, PE Phone Number 910.791.6707 Date 12.15.16 Drainage Area Number 2 �r'h 2 YC Kin lib biI II. DESIGN INFORMATION Site Characteristics Drainage area Impervious area Percent impervious Design rainfall depth Peak Flow Calculations 1-yr, 24-hr rainfall depth 1-yr, 24-hr intensity Pre -development 1-yr, 24-hr discharge Post -development 1-yr, 24-hr discharge Pre/Post 1-yr, 24-hr peak flow control Storage Volume: Non -SA Waters Minimum design volume required Design volume provided Storage Volume: SA Waters 1.5" runoff volume Pre -development 1-yr, 24-hr runoff volume Post -development 1-yr, 24-hr runoff volume Minimum required volume Volume provided Soils Report Summary Soil type Infiltration rate SHWT elevation Basin Design Parameters Drawdown time Basin side slopes Basin bottom elevation Storage elevation Storage Surface Area Top elevation Basin Bottom Dimensions Basin length Basin width Bottom Surface Area Form SW401-Infiltration Basin-Rev.5 11Apr2011 84,035.00 fe 39,150.00 fe 46.59 % 3.73 in A fW_ lei in p114 in/hr KIAr ft3/sec 144 ft3/sec 14 kA ft3/sec aloe —fe I ft, 4930.00 ft3 12.00 ft 6,500.00 ft 6488.00 fe 12,356.00 fl Wando fine sand 4.00 in/hr 17.75 fmsl 0.96 _ _ days 3.00 :1 21.00 fmsl 23.30 fmsl 6,382.00 ftz 24.05 fmsl 150.00 ft 22.00 ft 3,140.00 fe (14p6Ch4 OK OK OK OK %`a0 CA/,�� 040501 . 41 cL J \\ \ 'pro, got;��\\ Parts I. & It. Design Summary, Page 1 of 2 Permit No. (to be provided by DWQ) Additional information Maximum runoff to each inlet to the basin? / ac-in Length of vegetative filter for overflow NIA ft OK Distance to structure >15 ft OK Distance from surface waters >50 ft OK Distance from water supply well(s) >100 ft OK Separation from impervious soil layer >1 ft OK Naturally occuring soil above shwt 2.92 ft OK Bottom covered with 4-in of clean sand? Y (Y or N) OK Proposed drainage easement provided? Y (Y or N) OK Capures all runoff at ultimate build -out? Y (Y or N) OK Bypass provided for larger storms? Y (Y or N) OK Pretreatment device provided Stilling basin / Inlet Sumps E C fi.:�. IVG DEC 15 2015 BY: Form SW401-Infiftrafion Basin-Rev.5 11Apr1011 Parts I. & II. Design Summary, Page 2 of 2 Operation & Maintenance Agreement Project Name: Project Location: Ocean Isle Beach Market Place Beach Drive (NC Hwy 179) - Town of Ocean Isle Beach Cover Page Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & col Bioretention Cell Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity: Infiltration Trench Quantity: Level SpreaderNFS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity: Sand Filter Quantity: Stormwater Wetland Quantity: Wet Detention Basin Quantity: Disconnected Impervious Area Present: User Defined BMP Present: onding O&M tables will Location(s): Location(s): Location(s): Location(s): `1.. Location(s): i� � Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): 2 i No No be added automatically): East PL, N of wetlands / W of access rd ly East PL, N of wetiands CLICK TO UPDATE O&M MANUAL I acknowledge and agree by my signature below that 1 am responsible for the performance of the maintenance procedures listed for each BMP above, and attached O&M tables. I agree to notify NCDENR of any problems with the system or prior to any changes to the system or responsible party. Signature: * Responsible Party: Title & Organization: Street address: City, state, zip: Phone number(s): Email: William Brown Jr. President - Halpern Enterprises, Inc. 5200 Roswell Road NE Atlanta, GA 30342 770.508.3319 bbrownD halpernent.com 01 a Notary Public for the State of Date: County of 4-,6 14T— - , do hearby certify that U., , ((; a p r, personally appeared before me thiday ofc c r�6CZa 1(m and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, DARA W TABB NOTARY PUBLIC COMMISSION EXPIRES JAN FULTON COUNTY, GEC 27, 2017 y commission expires RECEIVED DEC o e ams BY• STORM-EZ 11 /30/2016 Version 1.4 O&M Manual Page 1 of 5 Infiltration System Maintenance Requirements Important maintenance procedures: - The drainage area will be carefully managed to reduce The sediment load to The infiltration basin. _ Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. - The vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it shall be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance shall be kept in a known set location and shall be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How to remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a infiltration basin erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the sediment off -site. swale applicable). The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion swale (if applicable). control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated Search for the source of the sediment and remedy the problem if and reduced the depth to 75% possible. Remove the sediment and dispose of it in a location where it of the original design depth. will not cause impacts to streams or the BMP. Erosion has occurred or riprap Provide additional erosion protection such as reinforced turf matting or is displaced. riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. The main treatment area A visible layer of sediment has Search for the source of the sediment and remedy the problem if accumulated. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than 5 Replace the top few inches of filter media and see if this corrects the days after a storm event. standing water problem. If so, revegetate immediately. if not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants are Remove the plants by hand or by wiping them with pesticide (do not growing in the main treatment spray). area. The embankment Shrubs or trees have started Remove shrubs or trees immediately. to grow on the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment ��� Q 8 Z0� needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispo . The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of damage have occurred at the Contact the local NC Department of Environment and Natural Resources Regional Office. outlet. ST - Version 1.4 O&M Manual Pago 2 of 5 Wet Detention Pond Maintenance Requirements The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: _ Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks). _ No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. _ Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin. _ If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical. - Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. Vegetation is too short or too Maintain vegetation at a height of approximately six inches. long. Unclog the pipe. Dispose of the sediment off -site. The inlet device The pipe is clogged. The pipe is cracked or Replace the pipe. otherwise damaged. Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide erosion swale. control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or Remove sediment and replace with clean stone. covered in sediment (if applicable). The forebay Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design depth for will not cause impacts to streams or the BMP. sediment storage. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The vegetated shelf Best professional practices Prune according to best professional practices show that pruning is needed to maintain optimal plant health. Plants are dead, diseased or Determine the source of the problem: soils, hydrology, disease, etc. dying. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. STORM-EZ Version 1.4 DEC 0 8 2016 BY: 11 /30/2016 Page 3 of 5 O&M Manual Wet retention Pond Maintenance Requirements (Continued) The main treatment area Sediment has accumulated to Search for the source of the sediment and remedy the problem if a depth greater than the possible. Remove the sediment and dispose of it in a location where it original design sediment will not cause impacts to streams or the BMP. storage depth. Algal growth covers over 50% Consult a professional to remove and control the algal growth. of the area. Cattails, phragmites or other Remove the plants by wiping them with pesticide (do not spray). invasive plants cover 50% of the basin surface. The embankment Shrubs have started to grow Remove shrubs immediately. on the embankment. Evidence of muskrat or beaver Use traps to remove muskrats and consult a professional to remove activity is present. beavers. A tree has started to grow on the embankment. Consult a dam safety specialist to remove the tree. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. (if applicable) The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not reaauy penetrate intu accumuatea seaiments. RECEIVE DEC 0 8 201F 13Y: STORM-EZ 11/30/2016 Version 1.4 O&M Manual Page 4 of 5 WET POND ID FOREBAY MAIN POND #1 Permanent Pool El. 20.5 Permanent Pool El. 20.5 Temporary Pool El: 23 Temporary Pool El: 23 Pretreatment other No Clean Out Depth: 6.5 Clean Out Depth: 5.5 than forebay? Sediment Removal El: 14 Sediment Removal El: 15 Has Veg. Filter? No Bottom Elevation: 13 Bottom Elevation: 14 n nECEIVE 9EC 0 8 2016 BY, STORM-EZ 12/6/2016 Version 1.4 O&M Manual Page 5 of 5 Hich Density Developments with Outparcels Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Developments with Outparcels where outparcel lots will be subdivided from the main tract and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. i, William Brown Jr. , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any outparcel or future development area: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The following covenants are intend t en ure ngoing compliance with State Stormwater Management Permit Numbe , as issued by the Division of Energy, Mineral and Land Resources under the Stormwater Management Regulations. 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 Energy, Mineral and Land Resources. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. The maximum built -upon area for the outparcel(s) shown on the approved plans is as follows: Outparcel # BUA 1 23,998 sf 3 47,896 sf 5 95,367 sf Outparcel # BUA 2 4 27,763 sf 47,640 sf 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 within the outparcel or future development area must be directed into the permitted stormwater control system. Built -upon area in excess of the permitted amount will require a permit modification. The connection from the outparcel's collection system into the stormwater control shall be made such that short-circuiting of the system does not occur. For those outparcels or future development areas whose ownership is not retained by the permittee, the new owner shall submit a separate offsite stormwater permit application to the Division of Energy, Mineral and Land Resources and receive a permit prior to construction. Form DRPC-2 Rev.2 05Nov2009 DEC 0 0 20% Page 1 of 2 �� Hich Density Developments with Outparcels Deed Restrictions & Protective Covenances Signature: Date: %� I,Gt rF �Gt a Notary Public in the State of C�; ,� , County of 41 V'\ do hereby certify that W personally appeared before me this the ' ^--A day of 'r,)eCe &4 L4r , 20 1 , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL Signature My Commission expires 6A-rl c.Q DARA W TABB NOTARY PUBLIC MY COMMISSION EXPIRES JANUARY 27, 2017 RXTON COUNTY, GEORGIA EGEIVE DEC 0 8 2016 BY: Form DRPC-2 Rev.2 05Nov2009 Page 2 of 2 MEMORY TRANSMISSION REPORT FILE NO. DATE TO DOCUMENT PAGES START TIME END TIME PAGES SENT STATUS 192 01.17 15:46 97916760 12 01.17 15:51 01.17 15:54 12 OK TIME :01-17-2017 15:54 FAX NO.i :9103502004 NAME :Mainfax MEMORY TRANSMISSION REPORT TIME :01-17-2017 15:51 FAX N0.1 :9103502004 NAME -Mainfax FILE NO. 191 DATE 01.17 15:45 TO 917709860340 DOCUMENT PAGES 12 START TIME 01.17 15:45 END TIME 01.17 15:51 PAGES SENT 12 STATUS OK Lewis,Linda From: Lewis,Linda Sent: Friday, January 13, 2017 10:44 AM To: 'Tim Clinkscales' Cc: bbrown@halpernent.com; Dan Fisk (dfisk@paramounte-eng.com); Scott, Georgette Subject: 50' buffer for Ocean Isle Beach Market Place SW8 161204 Tim Thank you for dropping off the revised plan with the 50' buffer yesterday. Unfortunately, as was discussed at the ACOE meeting yesterday, DWR made a stream determination call in February of 2016 for that piece of the stream that extends to the northwest of the main stem, up between the entrance road and Pond #1. You will need to provide and delineate a 50' buffer along that part of the stream as well. This is the only outstanding issue at this point in the review process and I will be able to issue this permit upon receipt of 2 copies of the updated plan showing the buffer around both stream segments. if any modifications to the project occur as a result of the ACOE concerns about the wetlands, they will have to be submitted as a modification after this permit is issued. I'll be happy to address any questions you might have about the options discussed yesterday to reduce the pond's footprint and volume by utilizing permeable pavement or by adding another BMP such as a constructed wetland, behind the proposed store. Options for redirecting some runoff into the wetlands via sheetflow (i.e., disconnected BUA) could be achieved if the project were resubmitted utilizing the StormEZ spreadsheet. Thank you. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.lewisC%ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Nothing comparcs,-�,- Email correspondence to and frcm this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Lewis,Linda From: Kim Williams <kwilliams@lmgroup.net> Sent: Friday, January 13, 2017 10:57 AM To: Shaver, Brad E CIV USARMY CESAW (US); eric.g.reusch@usace.army.mil; Scott.c.mclendon@usace.army.mil; Lewis,Linda; Coburn, Chad; Cherri Cheek, Larry Cheek, Charlie Worthen; Bill Brown; Tim Clinkscales; Dan Fisk Cc: Christian Preziosi Subject: FW: OIB Marketplace 1/12/17 meeting summary Hi All Here is a summary of our meeting from yesterday to discuss the Section 404/401 permitting status of the OIB Marketplace project. 1. Stormwater: a. Is there any innovative design possible to reduce the size of the pond and thus provide more uplands for development thus reducing wetland impacts? We discussed several design possibilities in the upland area behind the grocery store including constructed wetlands and infiltration. The engineers pointed out that there is not much uplands between the edge of pavement and the beginning of the wetlands/stream in this area and any BMP (if feasible) would be small. Incorporation of BMPs (if feasible) would likely not result in any appreciable reduction in the size of the stormwater pond. The engineer is going to evaluate BMPs further to document what their potential capacity would be and if it would reduce the size of the pond. The engineer will also evaluate the use of the StormEZ spreadsheet to determine if this method is feasible (also discussed below). Note also that the engineer and LMG discussed that any small reduction in the size of the pond would likely not have any effect on reducing wetland impacts given the location of the pond and given that the configuration of the outparcels fronting NC 179 would likely remain unchanged (even with a small reduction in pond size). Further information on BMPs/pond size will be provided as part of the applicant's response. b. How would the current design affect the adjacent wetlands relative to drainage? The engineer is going to provide a summary that describes the proposed permanent pool elevation of the pond and how it relates to the elevation of adjacent wetlands to demonstrate that the pond will not have a drainage effect on these wetlands. c. How does the applicant propose to address secondary impacts related to the starving of wetlands by routing water away and down gradient of the headwater system? The engineer is going to evaluate the use of BMPs (infiltration, constructed wetlands, sheet flow through the Stormwater EZ spreadsheet) at key locations within the site to determine how much water could be directed into the wetland system to minimize secondary impacts from the stormwater design. It appears that trying to direct water into the wetlands/stream right behind the grocery store may not be worth the effort, as this area has a narrow wetland fringe and has an adequate base flow already coming into the system from the property to the west. It may be more effective to place BMPs adjacent to the wetland fingers next to the proposed pond. However, the engineers pointed out that the large wetland finger west of the pond will receive stormwater via pipe from the airport across the street and from Beach Road. This water is expected to keep this wetland finger hydrated (as it does currently). 2. Purpose and Need Clarification Brad was concerned that the purpose and need statement provided in the project narrative of the application stated the project would be a "shopping center", which doesn't include the hotel. He then found a broader purpose and need definition on the application form that described the project as a "high -end commercial/retail development". He plans to use the latter description in his decision document since it would include the hotel use. 3. Alternatives Analysis Discussion Off -Site (fin -Site The main driving factor when selecting a site was its location. It needed to be centrally located to the Brunswick Beaches area and be very convenient to visitors of the beach. Because of its proximity to two major thoroughfares and its central location to the greater Brunswick Beaches region, the chosen site was the only tract that Publix would consider. There was some discussion about the size of the project area that the applicant initially tried to find when searching for a site in this area. Charlie Worthen stated that it varied from as small as around 12 acres to as large as the existing size (-25 acres). In an area like OIB, where there is not much other retail/commercial development, it was important that the site be large enough to accommodate other retail shops and outparcels to create a destination for shoppers. Furthermore, the site cannot be too large, as most landowners are not willing to subdivide. It was also noted that the hotel was not an original component of the project, so its size was not factored into the overall project size. However, Cherri Cheek pointed out that there is a strong need for an affordable hotel in the area. The USACE was generally accepting of the avoidance and minimization efforts shown in the on -site alternatives analysis submitted. But would like to see if further minimization is possible with the stormwater questions posed above. There was some discussion about the parking requirements of Publix and whether there was any way to reduce the number of spaces to more closely match the requirements of the Town. Charlie stated that Publix would not negotiate on this point, especially considering how busy this area is in the summer. Parking throughout the project area has been minimized as much as possible (as noted in previous submittals). Brad requested that the wetland line be shown on the bridge cross section to show how high the bridge will be above the wetlands and to. determine if there will be any secondary impacts from shading. The engineer will add this information. Secondary and Cumulative Impacts • The USACE requested that the road easement from the bridge to Culpepper Road and any BMPs associated with it be shown on a drawing. This will help demonstrate that there are no secondary or cumulative impacts from the road. • Brad noted that the official project area is still the 22.4 acres north of Kilbart Slough. 4. Next steps a. SHPO Concurrence Brad noted that he spoke with a representative of SHPO about the archaeological report conducted by ACC. They told him they generally agreed with ACC's conclusions which determined additional work (Phase 2) in several areas. They plan to get a formal letter out shortly (still needed to be reviewed "upstairs"). b. DCM Consistency Kim has spoken with Heather Coats of DCM. She has placed the project on hold until USACE and DWR comments have been addressed. No formal comments have been issued by their office, so once other comments are resolved, she will issue the consistency determination. C. DWR 401 Certification Jennifer Burdette of DWR issued a letter on 1/11/17 with one additional comment. This comment requested that the stormwater plan consider utilizing the StormEZ spreadsheet, which may allow limited sheet flow into wetlands. As noted above, the engineer will evaluate this to determine if it is feasible. Please let me know if you think I have forgotten or misstated anything. We plan to provide the USACE and DWR with the above -noted information within a week. Thanks! Kim Kim Williams I EnVronmen?:al Scientist Land Management Group, Inc i Environmentai Consultants C�rezt: 452-0001 r. 1903 1 C9 e: 910."71.5035 1 Fax: SC5 "`rightsvEle . oi-- , Suit7. i 5 1 Wftin.7,ten. f C 284;• " ': kwilliams@lmeroua.net 1 :veasii::: www.lmeroup.net r77 E N G 1 N E E R 1 N G, 1 N C. 1 2 2 CINEMA DRIVE W I L M I N C T O N, NC 2 8 4 0 3 9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 (F ) T. F T T F. R n F T R A N C M i 'T T A i_ To: NCDEQ Date 101.12.17 127 Cardinal Drive Ext. Wilmington, NC 28403 Re: Ocean Isie Beach Market Place Express SW8 181204 Attu: Linda Lewis, El ProjectNo. I 14414.PE e are sendlqg4 Originals ® Prints e followin items• [I Correspondence ® Plans ❑ Shop Drawings ❑ Calculations ❑ Specifications ❑ Other as listed below Quantity Date Dwg. No. Description 2 C-4.0 24"s 36" Revised Design Documents ssue Status ® For Approval ❑ As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks Kction T ❑ No Exceptions Taken ❑Make Corrections Noted ❑Amend & Resu C E IV EM ❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other JAN 12 2017 C-4.0 — Revised to show 50' stream setback in accordance with what is shown as a blue line stream on the NC Surface Water Classification Map website. Cc. Signed: �Z:� . D. Daniel J. Fisk, PE Lewis,Linda From: Coburn, Chad Sent: Thursday, January 12, 2017 4:07 PM To: Lewis,Linda Subject: FW: Halpern - Publix NC WAM assessment Stream Determination for the 2"d feature on the Ocean Isle Beach Marketplace (Publix) project. From: Corey Novak [mailto:cnovak@lmgroup.net] Sent: Monday, February 15, 2016 11:12 AM To: Coburn, Chad <chad.coburn@ncdenr.gov> Subject: RE: Halpern - Publix NC WAM assessment 33.904544,-78.437698 Corey Novak ! Environmental Scl�:Dtist — M.an agsr Urec~t: 45`2-001 x ^ 90C, I Fax: 910.452.0060 Email: cnovaic@Imgroup.net ( !:lebsite: www.lmgroup.net Land Management Group, Inc I Env ronmemal Consuiianl-z . �,OJ Wriahtsvi�111:Avc I S61M 15 1 Wlimington, NG 20 03 LMG Enrr+onnrenrv� Cerifulrants From: Coburn, Chad [mailto:chad.coburn ncdenr.eovl Sent: Monday, February 15, 2016 11:06 AM To: Corey Novak <cnovak@lmgroup.net> Subject: RE: Halpern - Publix NC WAM assessment Do you have the GPS coordinates of the beginning of the stream that we looked at the other day? I figured you may since there was a blue flag there. From: Corey Novak [mailto:cnovak@lmeroup.net] Sent: Monday, February 15, 2016 9:54 AM To: Coburn, Chad <chad.coburn@ncdenr.eov> Cc: Kim Williams <kwilliams@Imsroup.net>; Christian Preziosi <cpreziosi@Imeroup.net> Subject: RE: Halpern - Publix NC WAM assessment Hey Chad, Just curious about whether you've had a chance to play around with the WAM forms and what you came up with? Thanks, Corey Novak I, za n — r �:;•_ �t: 32-000, x ^05I Fa::: _1t.;52.DJr7 cnovak Imgroup.net t-,r'�its? .;: www.lmgroup.net Land Management Group, Inc I Envirof �.nt :' Cc�, Etam:._ "-'5V.' 7:1t=vTY.'.Wf' l SJi':-: 1" Iu`+Y.^..SiC;C'1; rl'v '. --'•J3 - L G s Sn.•�* l.rrnrnful Cn+r+ukQnri From: Coburn, Chad[mailto:chad.coburn(a@ncdenr.eovl Sent: Thursday, February 04, 2016 1:20 PM To: Corey Novak <cnovak@lmeroup.net> Cc: Kim Williams <kwilliams@lmeroup.net>; Christian Preziosi <cpreziosi@lmgroup.net>; Policarpo, John N SAW <John.N.Policarpo@usace.army.mil> Subject: RE: Halpern - Publix NC WAM assessment That works From: Corey Novak [mailto:cnovak@lmeroup.net] Sent: Thursday, February 04, 2016 11:38 AM To: Coburn, Chad <chad.coburn@ncdenr.sov> Cc: Kim Williams <kwilliams@lmgroup.net>; Christian Preziosi <cprezi.osi@lmeroup.net>; Policarpo, John N SAW <John.N.Policarpo@usace.army.mil> Subject: RE: Halpern - Publix NC WAM assessment Chad, Same time is good. 10:00 AM. Thanks, Corey Novak I Environmental Scientist — Project Manager Dir ct: 452-0001 x 1905 1 Fax: 010.452.0030 E n-1: cnovak(a 1mgroup.net ( � V,-bb5.; : v-wvw.]me. roup.net Land Management Group, Inc I Environrrr::e's" Conaultonts 3805 V%friahtsville Ave I Suite 15 1 Whmirgtm, hC 28403 ss.^\LMG .•�+14.!AN,li.r::'.1.t'?liGRl]ifPwc (nvironmenrof Con I Ofonts From: Coburn, Chad [mailto:chad.coburn@ncdenr.eov] Sent: Thursday, February 04, 2016 8:52 AM To: Corey Novak <cnovak@lmeroup.net> Cc: Kim Williams <kwilliams@lmeroup.net>; Christian Preziosi <cpreziosi@lm9roup.net>; Policarpo, John N SAW <John.N.Policarpo@usace.army.mil> Subject: RE: Halpern - Publix NC WAM assessment ' Hey Corey, next Tuesday will work. I was thinking the same thing. Same time? From: Corey Novak [mailto:cnovak@Imeroup.net] Sent: Thursday, February 04, 2016 7:53 AM To: Coburn, Chad <chad.coburn@ncdenr.eov> Cc: Kim Williams <kwilliams@lmeroup.net>; Christian Preziosi <cpreziosi@lmgroup.net>; Policarpo, John N SAW <John.N.Policarpo@usace.army.mil> Subject: RE: Halpern - Publix NC WAM assessment Chad, Can we reschedule for next Tues.? The weather is looking pretty bad. Thanks, Corey Novak Scientist - Ptgect Wisr;ager Cir4n: i G�3J' x',t"Ct. ; Fax: Ei:::.: cnovakCaa%Imgroup.net >asi:: i.Imgroup.net Land Management Group, Inc j rr,s:rcr r.:.nt l Cari, ;'-sa�it- Avc I S:;a:. 15 i Vr .-r'.- ;tor.; NO _ . Y3 LM — — �. +. I ti Y GROUP, — From: Coburn, Chad [mailto:chad.coburn@ncdenr.gov] Sent: Friday, January 29, 2016 11:53 AM To: Christian Preziosi <cpreziosi@lmeroup.net>; Policarpo, John N SAW <John.N.Policarpo@usace.army.mil>; Corey Novak <cnovak@Imeroup.net> Cc: Kim Williams <kwilliams@lrngroup.net> Subject: RE: Halpern - Publix NC WAM assessment Thanks all, have a good weekend. Chad From: Christian Preziosi [mailto:cpreziosi@lmgroup.net] Sent: Friday, January 29, 2016 11:38 AM To: Policarpo, John N SAW <John.N.Policarpo@usace.army.mil>; Coburn, Chad <chad.coburn@ncdenr.eov>; Corey Novak <cnovak@lmgroup.net> Cc: Kim Williams <kwilliams@lmgroup.net> Subject: RE: Halpern - Publix NC WAM assessment Chad- Good talking with you this morning. Corey and I will plan to meet you out on -site at 10:00 AM on Thursday (Feb 4). Thanks, Christian Christian Preziosi I Environmental Consultant Direct: 452-0001 x 1909 1 Cell: 910.471.0515 ( Fax: 910.452.0060 Email: cpreziosi@lmgroup.net Land Management Group, Inc. I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgrouio.net From: Christian Preziosi Sent: Tuesday, January 26, 2016 5:11 PM To:'Policarpo, John N SAW' <John.N.Policarpo@usace.army.mil>; Coburn, Chad <chad.coburn(a@ncdenr.gov>; Corey Novak <cnovak@lmgroup.net> Cc: Kim Williams <kwilliams@lmgroup.net> Subject: RE: Halpern - Publix NC WAM assessment Chad- Thanks for the email- let us know if you have a preferred day next week. I may try to go along with you and Corey- would Tuesday work for you? Thanks, Christian From: Policarpo, John N SAW [mailto:John.N.Policarpo@usace.army.mill Sent: Tuesday, January 26, 2016 4:08 PM To: Coburn, Chad <chad.coburn@ncdenr.gov>; Corey Novak <cnovak@lmgroup.net> Cc: Christian Preziosi <cpreziosi@lmgrouP.net>; Kim Williams <kwilliams@lmgroup.net> Subject: RE: Halpern - Publix NC WAM assessment Hi Chad, Thanks for the invite. I am already booked for next week unfortunately. Just go ahead and you can brief me on it later. Thanks John John N Policarpo US Army Corps of Engineers Wilmington District 910-251-4487 -----Original Message ----- From: Coburn, Chad fmailto:chad.coburn�rc ncdenr.govl Sent: Tuesday, January 26, 2016 2:52 PM To: Corey Novak <cnovak@lmgroup net>; Policarpo, John N SAW <John.N.Polic;p0ogusace.army.mil> Cc: Christian Preziosi <cpreziosi(21L regroup net>; Kim Williams <kwilliams(cr�,lm ou .net> Subject: [EXTERNAL] RE: Halpern - Publix NC WAM assessment John, Christian and Corey, please correct me if I get anything incorrect in this email. I wasn't available to meet Corey for the NCWAM assessment of the site below back in December. Christian mentioned that you've issued the JD for the site as well. He reached out to me last week about meeting at the site with Corey to look at another potential tributary that he recently found within a previously flagged wetland and to also go over the NCWAM ratings that he did late last year. I wasn't sure if you would like to be involved in going over these two -items before the IP application comes in or not. We wanted to include you since it would be a good chance to get into the NCWAM if you haven't already. They would like to get out to the site next week if possible. If you're not available then, I can go out with Corey next week and look at it and potentially re -visit the site again at a later time with you and Corey. Either way, we just wanted to include you in the visit. Let us know what dates you could be available. Chad From: Corey Novak [mailto:cnovak2llmmgroup.net] Sent: Thursday, November 19, 2015 9:06 AM To: Coburn, Chad <chad.cobum@ncdenr. ov>; John.N.Policarpo@,usace.army.mil Cc: Christian Preziosi <c rep ziosi(c)lm rg_oup nett; Kim Williams <kwilliamsklm r�ou .net> Subject: Halpern - Publix NC WAM assessment Chad/John, I plan on doing the NC WAM assessment at the Halpern-Publix site in Ocean Isle Beach sometime during the 2nd week of December. Please let me know your availability for that week if you would like to meet onsite then. Thanks, Corey Novak � Environmental Scientist - Project Manager Direct: 452-0001 x 1905 1 Fax: 910.452.0060 Email: cnovakQlm rg_ogp.net <mailto:cnovakklmgroup.net> I Website: Blockedwww.lmgroup.net <Blockedhttp://www.lmgroup.neti> Land Management Group, Inc I Environmental Consultants 3805 Wrightsville Ave I Suite 15 1 Wilmington, NC 28403 ° Lewis,Linda From: Lewis,Linda Sent: Wednesday, January 11, 2017 2:53 PM To: 'Tim Clinkscales'; Dan Fisk; bbrown@halpernent.com; 'cworthen@halpernent.com' Cc: Scott, Georgette; Dara Tabb; Dan Fisk Subject: RE: Ocean Isle Beach Market I'm not sure I understand this drawing. The 50' buffer (now called a vegetated setback) is measured landward from the top of the bank of each side of Kilbart Slough along the entire length of the stream. Please visit the DWR surface water map website to see the extent of the stream, which appears to be located within the proposed property. Some BUA can be located in the buffer (as per the definition of BUA in GS143-214.7 excerpted below), but it must be properly managed. Development may occur within the area that would otherwise be required to be placed within a vegetative buffer required by the Commission pursuant to G.S. 143-214.1 and G.S. 143-214.7 to protect classified shellfish waters, outstanding resource waters, and high -quality waters provided the stormwater runoff from the development is collected and treated from the entire impervious area and discharged so that it passes through the vegetative buffer and is managed so that it otherwise complies with all applicable State and federal stormwater management requirements. And, yes, please delineate the 50' "setback" from the stream on the plans. If anything about this is confusing, please let me know and we'll discuss it. Thanks. Linda From: Tim Clinkscales [mailto:tclinkscales@paramounte-eng.com] Sent: Wednesday, January 11, 2017 2:35 PM To: Lewis,Linda <linda.lewis@ncdenr.gov>; Dan Fisk <dfisk@paramounte-eng.com>; bbrown@halpernent.com; 'cworthen@halpernent.com' <cworthen@halpernent.com> Cc: Scott, Georgette <georgette.scott@ncdenr.gov>; Dara Tabb <DTabb@halpernent.com>; Dan Fisk <dfisk@ paramounte-eng.com> Subject: RE: Ocean Isle Beach Market Linda We are enclosing the picture view depicting the 50' line for the outfall from the stream. If we need to add to a plan sheet, we can. Thanks and have a good day Tim NKT-TPON--D (StE SHEIT C :AWit,-"'! I -7-77 . ..... w1n, el jp I ZY . . . . . . IN RASIN ^#*t .SEE SHEET (,-'.-4'. 3' Tim Clinkscales PE, PLS ---------- - PAR UNITE PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.paramounte-eng.com From: Lewis,Linda [mailto:linda.lewis@ncdenr.eov] Sent: Monday, January 09, 2017 9:30 AM To: Tim Clinkscales <tclinkscalesCa@paramounte-ene.com>; Dan Fisk <dfisk@paramounte-ens.com>; bbrown@halpernent.com; 'cworthen@halpernent.com'<cworthen@halpernent.com> Cc: Scott, Georgette <georgette.scott@ncdenr.Rov>; Dara Tabb <DTabb@halpernent.com> Subject: FW: Ocean Isle Beach Market Tim: One more thing — I don't see where the 50' buffer from Kilbart Slough is shown on any of the plans you provided. If I've missed it, please advise what sheet I can find it on. If it's not been delineated, please provide an updated plan sheet with the 50' buffer shown. Thanks, Linda From: Lewis,Linda Sent: Monday, January 09, 2017 9:09 AM To:'Tim Clinkscales' <tclinkscales@paramounte-ene.com>; Dan Fisk <dfisk@paramounte-ene.com>; bbrown@halpernent.com;'cworthen@halpernent.com' <cworthen@halpernent.com> Cc: Scott, Georgette <georgette.scott@ncdenr.eov>; Dara Tabb <DTabb@halpernent.com> Subject: RE: Ocean Isle Beach Market Thanks, Tim. I think that between the NCSOS registration for Halpern Enterprises, Inc. and the Assignment of Contract rights from Halpern Development to Halpern Enterprises, I can issue the permit to Halpern Enterprises. It's very late in the review cycle, Georgette is out of the office today, and I have a meeting this afternoon, but I will do my best to get the permit drafted and issued today. Please note that it might not be signed until tomorrow. Linda From: Tim Clinkscales [mailto:tclinkscales@paramounte-ene.com] Sent: Friday, January 06, 2017 4:28 PM To: Lewis,Linda <linda.lewis@ncdenr.eov>; Dan Fisk <dfisk@paramounte-ene.com>; bbrown@halpernent.com; 'cworthen@halpernent.com' <cworthen@halpernent.com> Cc: Scott, Georgette <georgette.scott@ncdenr.eov>; Dan Fisk <dfisk@paramounte-ene.com>; Dara Tabb <DTabb@halpernent.com> Subject: RE: Ocean Isle Beach Market Linda I have received some information that should help on this matter. Halpern Enterprises at this time will be the applicant with the documentation showing how the development company are tied together. Based on the structure of the contract, it will not be conveyed and therefore stormwater permit transferred to the development company until after final closing Please let us know if this suffices, if not, let us know what we need and a few days to accomplish such Thanks and have a good day Tim Tim Clinkscales PE, PL,S PARAIMOUNTE PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.t)aramounte-eng.com From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent: Wednesday, January 04, 2017 10:46 AM To: Tim Clinkscales <tclinkscales@paramounte-eng.com>; Dan Fisk <dfisk@paramounte-eng.com>; bbrown@halpernent.com Cc: Scott, Georgette <georgette.scott@ncdenr.gov> Subject: FW: Ocean Isle Beach Market of This express application will be returned as incomplete on January 8, 2017, if the situation with the different development companies named in the permit application and in the sales agreement is not resolved by then. Thanks, Linda From: Lewis,Linda Sent: Friday, December 16, 2016 3:39 PM To:'Tim Clinkscales' <tclinkscales@paramounte-eng.com>; Dan Fisk (dfisk@paramounte-eng.com) <dfisk@paramounte- eng.com> Cc: Scott, Georgette <georgette.scott@ncdenr.gov>; 'bbrown@halpernent.com' <bbrown@halpernent.com> Subject: FW: Ocean Isle Beach Market As a reminder, if you revise the application to put Halpern Development Company LLC as the applicant, you will need to register that entity with the NCSOS. Alternatively, you could file a 13t" amendment to your purchase contract to specify that the purchaser is Halpern Enterprises, Inc. Linda From: Lewis,Linda 'Sent: Friday, December 16, 2016 3:33 PM To:'Tim Clinkscales' <tclinkscales@paramounte-eng.com> Cc: Dan Fisk <dfisk@paramounte-eng.com>; 'GARYWERT@ beIIsouth.net' <GARYWERT@bellsouth.net>; 'bbrown@halpernent.com' <bbrown@halpernent.com>; Scott, Georgette <georgette.scott@ncdenr.eov> Subject: RE: Ocean Isle Beach Market One major sticking point — the purchase agreement is made between Halpern Development Company, LLC and DWE Timber, Inc. The permit application is being made in the name of Halpern Enterprises, Inc. If Halpern Development Company, LLC is the purchaser of this property then the stormwater permit application must also be in that same name. However, Halpern Development Company, LLC is not registered with the NCSOS - Halpern Enterprises, Inc. is registered. Please note that it appears that Halpern Development Company, LLC and Halpern Enterprises, Inc. are 2 separate and distinct companies in the state of Georgia. To expedite, please consider changing the name of the applicant to Halpern Development Company, LLC and resubmitting that new signed application. Linda From: Tim Clinkscales Imailto:tclinkscales@paramounte-ene.coml Sent: Friday, December 16, 2016 3:03 PM To: Lewis,Linda <linda.lewis(a)ncdenr.eov> Cc: Dan Fisk <dfisk@paramounte-eng.com>; 'GARYWE RT@ be I Isouth. net' <GARYWERT@bellsouth.net> Subject: Ocean Isle Beach Market Linda Enclosed is the purchase agreement of the site. Let me know of any additional information you may need Thanks for your help and have a good day Tim Tim Clinkscales PE, PLS PARAMOUNTE PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.12aramounte-eng.com -Lewis,Linda From: Lewis,Linda Sent: Monday, January 09, 2017 9:09 AM To: 'Tim Clinkscales'; Dan Fisk, bbrown@halpernent.com; 'cworthen@halpernent.com' Cc: Scott, Georgette; Dara Tabb Subject: RE: Ocean Isle Beach Market Thanks, Tim. I think that between the NCSOS registration for Halpern Enterprises, Inc. and the Assignment of Contract rights from Halpern Development to Halpern Enterprises, I can issue the permit to Halpern Enterprises. It's very late in the review cycle, Georgette is out of the office today, and I have a meeting this afternoon, but I will do my best to get the permit drafted and issued today. Please note that it might not be signed until tomorrow. Linda From: Tim Clinkscales [mailto:tclinkscales@paramounte-eng.com] Sent: Friday, January 06, 2017 4:28 PM To: Lewis,Linda <linda.lewis@ncdenr.gov>; Dan Fisk <dfisk@paramounte-eng.com>; bbrown@halpernent.com; 'cworthen@halpernent.com' <cworthen@halpernent.com> Cc: Scott, Georgette <georgette.scott@ncdenr.gov>; Dan Fisk <dfisk@paramounte-eng.com>; Dara Tabb <DTabb@halpernent.com> Subject: RE: Ocean Isle Beach Market Linda I have received some information that should help on this matter. Halpern Enterprises at this time will be the applicant with the documentation showing how the development company are tied together. Based on the structure of the contract, it will not be conveyed and therefore stormwater permit transferred to the development company until after final closing Please let us know if this suffices, if not, let us know what we need and a few days to accomplish such Thanks and have a good day Ififfii1 Tim Clinkscales PE, PLS PAR MOUNTE PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.paramounte-eng.com From: Lewis,Linda fmailto:linda.lewis@ncdenr.eov] Sent: Wednesday, January 04, 2017 10:46 AM NORTH CAROLINA tl - Department of the Secretary of State CERTIFICATE OF AUTHORITY I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby certify that HALPERN ENTERPRISES, INC. having filed on this date an application conforming to the requirements of the General Statutes of North Carolina, a copy of which is hereto attached, is hereby granted authority to transact business in the State ofNorth Carolina. Ge" IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 14th day of October, 2016. � j Scan to verify online. Document Id: C201628600697 Secretary of State Verify this certificate online at http://www.sosnc.gov/verification and t i apt tqhwm I)WB "MB.w LLC, Worth eikkaw DWI I.,' h NO& mono Bww ml POR AW fR QWWC*RA; offtm Otl*( Om olhm 04 ie�0,4 sa"w tof Adob NNOWI& WbWA0444d ji *fib ftow mmm walm'd ha lk ft (4) 0404 wia to w**ww wata4ummd vmdmg hG} forM4 son spo wo'corimbMA-mom "T�W'y - M=42' onm ;;Grmf, Aim %a Poon of ux r- Q . m 1 60 41ma WM6 'Allr+oto and seta mart 'boo so mmut.00 B tMW'ORWICV� Aak amwomd Whp 4Vft OW Pow"q hu to dhow. ft IN**,- 78�4 WNW% BOOM 4 win "14..Ow M*VAW ftft MOVAO&MIt MPW hooft OrSOM VA ft-Is"Oft b* k"Oft dft" to "advev as the Wlqd=na.Q) tVA &gap the Oaf" D4fi (=.old twh is hem%aftor brow Owl wo *6 16"y to wo. bo-d a ik*mrauow l*Uvm"4*OA**& woke ow a". V*um tt� 4reoaiaea to the (a) Purchaser shall have the right to sidVthls Controk and fig rights hereunder, In Whole or in part, at any time and from time to tithe, by wW Md party or entity; in each instance, such assignee shall assume ail obligations of PwdMK hWOMU4 seal Ski agree to execute all docn mmu which Purchaser is obligated to exe pmmamnt to tine terms sad provisions of this Contract, upon such assignment as hereto aWmdutand pam04 Purchaser shall be fully and oompletely discharged of all of PurchaeWs duties, obligations, and liabilities hereunder to the extent of such asslgmment. (o) The risk of loss or damage to the Property by fire or other easualty up to the Closing is assumed by the Seller. (p) Within ten (10) days of the Contract Date, the Seller shall deliver to the Pumhasa copies of all surveys, civil doccunents, teat reports, and environmental assessments relating to the Property that are within the Sefices possasd= or control. (q) In the event of litigation to enforce the rights and obligations under the Contract, the priwailing party shall be entitled to recover against the other party the prevailing puVa reasonable attorneys° fees and costs aching out of such litigation. (r) If my Paragraph, section, pmvis =Wm% okuW or portion of this Ceantaact is determined to be illegal, invalid, or ertaafotomtbley, such 40=44dion shall Is tco way aftd mftAIRW of uny oft PUOFBA seatiota, POMM Mumm err ai`f nets amid mar ataA aMmidpodtt a Vrovieicn as 4 ba medUled, oar to the extettt pcesMe aA pest dwlbk to A effect to tlsa purposes of the parties to this Contract. (s) Lf, prior to aoshng, all or any paden of to Piaperty Is st Vet to an mbft domain proceeding or the threat of an eminent domain preoeedityi, Seller shall provgOy prw4k Purchaser with written notice thereof. After se vita so* tletiM Purcthm shall haver this option of purchasing the Property subject to aucah per, without wduoft of tbiet..Pumbase Price, whereupon any awards attributable to to Ittop" shall be paid io Pumbaw, ot owaling this Cenhw without fhrdner obligation hereunder} 'in which event the Bm* Money *A be ivuad-forthwith to- Purahaser,noxwithstaading anything contained in this Contract to the (t) The Contract Date is deemed to be the later of the deter that this Contract has been executed by Seller and by Purchaser, which execution dates are act forth on the signature pago ha mof fol each Party. (u) &Aparty a1wowla19ea acid WM tW to OdW is" tray cheese to kW*%.. irauseadon as part of a i11 1dnd ix4ow cry aaa ccnttcs 49110d by Bad= 103E of1he Internal Revenue Code (an VacMA94P I t3hMM a, PAY to OPP Is an &ONOW, tine. otherparty agrees-i &spotty ia4beft&np tvetishiethe Ilnoohango to be mass =aced, prwMod, BwAwM 11W 6e Owoft shall snot be obligated to accept No to any fiat odds {other than Purchaser's acceptance of title to the j .1t1- ..........., ...... 0 Property); to incur any NUW or potential liabillW at expense to oonnectton with the 3bmhartgo or to damp dm 'Cleaing. b patty eop tag itti the 13rodmnp ahall foot bro a yd " oWdks dudes, oWigations, or liabilitias ha wader. and the parl,Y engaging in dw Baaaahange hemby aokttowiedgea and oVm that tiro aoopereting patty does not mpresent our warranty the aft4vous of the Hxohaoge. IN WITNESS WHMMOF. each of the parties have hereunto set their hsWo and agixod their seale Ore day and year written above, Akio Boller: i &h / 1 ,r 2015 At to Bolh F, / / 2015 ....,. . M=., -It- L! 0 An 110 Foubar. (COMPANY BEAL) . -.,I " .Y; . t,A 12 - LLC I ASSIGNMENT OF CONTRACT For Ten Dollars ($10.00) paid in hand, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, HALPERN DEVELOPMENT COMPANY, LLC, a Georgia limited liability company (the "Assignor"), hereby transfers,. conveys, and assigns unto HALPERN ENTERPRISES, INC., a Georgia corporation (the "Assignee"), all right, title, and interest of Assignor in and to that certain Contract for the Purchase and Sale of Real Property dated March 12, 2015, as amended by that certain First Amendment to Contract for the Purchase and Sale of Real Property dated July 31, 2015, as amended by that certain Second Amendment to Contract for the Purchase and Sale of Real Property dated August 27, 2015, as amended by that certain Third Amendment to Contract for the Purchase and Sale of Real Property dated September 11, 2015, as amended by that certain Fourth Amendment to Contract for the Purchase and Sale of Real Property dated October 5, 2015 (the "Fourth Amendment"), as amended by that certain Fifth Amendment to Contract for the Purchase and Sale of Real Property dated November 13, 2015, as amended by that certain Sixth Amendment to Contract for the Purchase and Sale of Real Property dated November 30, 2015, as amended by that certain Seventh Amendment to Contract for the Purchase and Sale of Real Property effective December 15, 2015, as amended by that certain Eighth Amendment to Contract for the Purchase and Sale of Real Property effective January 12, 2016, as amended by that certain Ninth Amendment to Contract for the Purchase and Sale of Real Property dated January 15, 2016, as amended by that certain Tenth Amendment to Contract for the Purchase and Sale of Real Property dated March 16, 2016, and as amended by that certain Eleventh Amendment to the Contract for Purchase and Sale of Real Property dated June 22, 2016 (as amended, the "Contract'), for the purchase and sale of certain real property located in Ocean Isle Beach, North Carolina (Capitalized terms not defined herein shall have the meanings ascribed to them in the Contract). For valuable consideration received, Assignee assumes all obligations of Assignor under the Contract, and agrees to execute all documents which Assignor is obligated to execute pursuant to the terms and provisions of the Contract. WITNESS the hands and seals of the undersigned as of the j `'day of' i'41ti12017. f M-, Sir E I @" t, JAN 0 6 2017 BY: - - - ASSIGNOR: HALPERN DEVELOPMENT COMPANY, LLC, a Georgia limited liability company y: WILLIAM D. BA6WN, JR., its Chief Executive Officer ASSIGNEE: HALPERN ENTERPRISES, INC., a Georgia, corporation t, V0 i By: _ WILLIAM D. bRbWN, JR., its President fs ' Lewis,Linda From: Lewis,Linda Sent: Wednesday, January 04, 2017 10:46 AM To: 'Tim Clinkscales'; Dan Fisk (dfisk@paramounte-eng.com); 'bbrown@halpernent.com' Cc: Scott, Georgette Subject: FW: Ocean Isle Beach Market This express application will be returned as Incomplete on January 8, 2017, if the situation with the different development companies named in the permit application and in the sales agreement is not resolved by then. Thanks, Linda From: Lewis,Linda Sent: Friday, December 16, 2016 3:39 PM To:' T irn Clinkscales' <tclinkscaies@paramounte-eng.com>; Dan Fisk (dfisk@paramounte-eng.com) <dfisk@paramounte- eng.com> Cc: Scott, Georgette <georgette.scott@ncdenr.gov>; 'bbrown@halpernent.com' <bbrown@halpernent.com> Subject: FW: Ocean Isle Beach Market As a reminder, if you revise the application to put Halpern Development Company LLC as the applicant, you will need to register that entity with the NCSOS. Alternatively, you could file a 13th amendment to your purchase contract to specify that the purchaser is Halpern Enterprises, Inc. Linda From: Lewis,Linda Sent: Friday, December 16, 2016 3:33 PM To:'Tim Clinkscales' <tclinkscales@paramounte-eng.com> Cc: Dan Fitk<dfisk@paramounte-eng.com>;'GARYWERT@bellsouth.net' <GARYWERT@bellsouth.net>; 'bbrown@halpernent.com' <bbrown(a@halpernent.com>; Scott, Georgette <georgette.scott@ncdenr.eov> Subject: RE: Ocean Isle Beach Market One major sticking point — the purchase agreement is made between Halpern Development Company, LLC and DWE Timber, Inc. The permit application is being made in the name of Halpern Enterprises, Inc. If Halpern Development Company, LLC is the purchaser of this property then the stormwater permit application must also be in that same name. However, Halpern Development Company, LLC is not registered with the NCSOS - Halpern Enterprises, Inc. is registered. �. Please npte th9t it appears that Halpern Development Company, LLC and Halpern Enterprises, Inc. are 2 separate and distinct companies in the state of Georgia. To expedite, please consider changing the name of the applicant to Halpern Development Company, LLC and resubmitting that new signed application. Linda From: Tim Clinkscales [mailto:tclinkscales@garamounte-ene.com] Sent: Friday, December 16, 2016 3:03 PM To: Lewis,Linda <linda.lewis@ncdenr.eov> Cc: Dan Fisk <dfisk@garamounte-ene.com>;'GARYWERT@beIIsouth. net' <GARYWERT@bel[south.net> Subject: Ocean Isle Beach Market Linda Enclosed is the purchase agreement of the site. Let me know of any additional information you may need Thanks for your help and have a good day Tim Tim Clinkscales PE. PLS ,P-A- .A OUNTE PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.paramounte-eng.com M Lewis,Linda From: Lewis,Linda Sent: Friday, December 16, 2016 3:33 PM To: 'Tim Clinkscales' Cc: Dan Fisk,'GARYWERT@bellsouth.net';'bbrown@halpernent.com'; Scott, Georgette Subject: RE: Ocean Isle Beach Market One major sticking point — the purchase agreement is made between Halpern Development Company, LLC and DWE Timber, Inc. The permit application is being made in the name of Halpern Enterprises, Inc. If Halpern Development Company, LLC is the purchaser of this property then the stormwater permit application must also be in that same name. However, Halpern Development Company, LLC is not registered with the NCSOS - Halpern Enterprises, Inc. is registered. Please note that it appears that Halpern Development Company, LLC and Halpern Enterprises, Inc. are 2 separate and distinct companies in the state of Georgia. To expedite, please consider changing the name of the applicant to Halpern Development Company, LLC and resubmitting that new signed application. Linda From: Tim Clinkscales [mailto:tclinkscales@paramounte-eng.com] Sent: Friday, December 16, 2016 3:03 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Dan Fisk <dfisk@paramounte-eng.com>;'GARYWERT@bellsouth.net' <GARYWERT@bellsouth.net> Subject: Ocean Isle Beach Market Linda Enclosed is the purchase agreement of the site. Let me know of any additional information you may need Thanks for ,your help and have a good day Tim Tim Clinkscales PE, PLS pARA� MOUNTE .... ,,". ... PARAMOUNTE ENGINEERING, INC 122 Cinema Drive Wilmington, NC 28403 OFFICE: (910) 791-6707 CELL: (910) 520-1991 FAX: (910) 791-6760 www.paramounte-eng.com Site: Ocean Isle, N.C. TWELFTH AMENDMENT TO CONTRACT FOR THE PURCHASE AND SALE OF REAL PROPERTY This Twelfth Amendment to Contract for the Purchase and Sale of Real Property (this "Amendment") is made and entered into effective the day of October, 2016, by and between DWE TIMBER LLC, a North Carolina limited liability company, DWE I LLC, a North Carolina limited liability company, and DECAROL WILLIAMSON, and DWE II, LLC, a North Carolina limited liability company (collectively, "Seller"), and HALPERN DEVELOPMENT COMPANY, LLC, a Georgia limited liability company ("Purchaser"); WYTNESSE Y H THAT: WHEREAS, Seller and Purchaser entered into that certain Contract for the Purchase and Sale of Real Property dated March 12, 2015, as amended by that certain First Amendment to Contract for the Purchase and Sale of Real Property dated July 31, 2015, as amended by that certain Second Amendment to Contract for the Purchase and Sale of Real Property dated August 27, 2015, as amended by that certain Third Amendment to Contract for the Purchase and Sale of Real Property dated September 11, 2015, as amended by that certain Fourth Amendment to Contract for the Purchase and Sale of Real Property dated October 5, 2015 (the "Fourth Amendment', as amended by that certain Fifth Amendment to Contract for the Purchase and Sale of Real Property dated November 13, 2015, as amended by that certain Sixth Amendment to Contract for the Purchase and Sale of Real Property dated November 30, 2015, as amended by that certain Seventh Amendment to Contract for the Purchase and Sale of Real Property effective December 15, 2015, as amended by that certain Eighth Amendment to Contract for the Purchase and Sale of Real Property effective January 12, 2016, as amended by that certain Ninth Amendment to Contract for the Purchase and Sale of Real Property dated January 15, 2016, as amended by that certain Tenth Amendment to Contract for the Purchase and Sale of Real Property dated March 16, 2016, and as amended by the certain Eleventh Amendment to Contract for the Purchase and Sale of Real Property dated June 22, 2016 (as amended, the "Contract"), for the purchase and sale of certain real property located in Ocean Isle Beach, North Carolina (Capitalized terms not defined herein shall have the meanings ascribed to them in the Contract); and WHEREAS, Seller and Purchaser desire to amend the Contract in accordance with the terms herein stated; NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) paid in hand, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The date for the delivery of the initial Fifty Thousand 00/100 Dollar ($50,000.00) deposit to Seller described in Paragraph 2 of said Eleventh Amendment to Contract is changed from the second (2nd) business day following the Outside Approval Date to the later of October 20, 2016, or the first (1 t) business day following the date of this Amendment. 2. Section 5(e) of the Contract, as described in Paragraph 3 of said Eleventh Amendment to Contract, is amended to extend the Outside Approval Date for the approval of the Development Agreement and the ECR to November 30, 2016. 3. In the event that Purchaser, in its discretion, causes the Closing to occur on or prior to then Section 3 of the Contract, as amended by Paragraph 6 of said Fourth Amendment to Contract, would be further amended without the necessitv of additional documentation to reduce the Purchase Price by ($200,000.00), so that the adiusted Purchase Price would be . Such reduction in the Purchase Price would only occur if the Ciosing is consummated on or before 4. All Development Work contemplated by the Contract shall be constructed at Purchaser's sole cost and expense other than improvements which may be necessary as a result of Seller's election to develop Phase III into something other than a Residential Development. In such event, Seller shall be responsible for all "Upgrade Costs" as that phrase is defined in Exhibit B of the Fourth Amendment to the Contract. 5. Except as expressly amended hereby, all terms and provisions of the Contract shall remain in full force and effect and are hereby ratified and reaffirmed. IN WITNESS WHEREOF, each of the parties have hereunto set their hands and affixed their seals the day and year written above. SELLER: DWZn' R L C�-, By:-' , Its: iIti "" ex DWE I LLC f Its• �.� .. �;., ,� " :� �1'°' - f a • 1�•.. DECAROL WILLIAMSON -2- DWE II.1 As to Seller: October.f;tV, 2016 PCB CHA-513 ', HALPERN D. VP; ,OP i?,(; OMPANY, LLC By:yr. , Willi m D.11ru r4-Jr., its Chief Executive Officer As to Purchaser: Octobers 0, 2016 (COMPANY SEAL) M:\Flalpern Development Co\Ocean IANTweltth amendment 10 20 16.doc -3- .PARA MOU N� E N G 1 N E E Fi 1 N CC, 1 N C. 1 2 2 CINEMA DRIVE WI L M I NOT ON, N C 2 0 4 0 3 9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 ( F) L E T T R R n F T R A N R M T 'T 'T A T To: NCDEQ Date 101.13.17 127 Cardinal Drive Ext. Wilmington, NC 28403 Re: Ocean Isle Beach Market Place Express SW8 161204 Attn: Linda Lewis, El Pro'ectNo. I 14414.PE e are sendin ❑ Originals ® Prints ❑ Shop Drawings ❑ Calculations he followin items: ❑ Correspondence ® Plans ❑ Specifications ❑ Other as listed below Quantity Date Dwg. No. Description 2 C-4.0 24"x 36" Revised Design Documents ssue Status. ® For Approval ❑ As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks �ction Taken: ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit Rejected -See Remarks ❑Approved as Submitted ❑Other ECEIVE emarks: JAN 112017 C-4.0 — Revised to show 50' stream setback per email. Cc - Signed. T --� 7 Daniel J. Fisk, PE e ECEIVE JAN 17 2017 IM WET DETENTION POND ANALYSIS - ALL RULES FILE NAME: G:\\\Stormwater\Permits & Projects\2016\161204 HD\201612 excel_WP 161204 PROJECT #: SW8 161204 REVIEWER: L. Lewis Initial Run Date December 14, 2016 PROJECT NAME: Ocean Isle Beach Market Place Last modified 16-Dec-16 Receiving Stream: Kilbart Slough Drainage Basin: LBR59 Class: SA Within 1/2 mile? Y or N Index No. 15-25-4 Site Area 4486 acres (.)Drainage Area 857175:00 sf Is new DA being added? N Y or N New Added DA - sf Rules- "2008" or "PhT 2008 Total DA 857175.00 sf Buildings 5722500 square feet 1 Street 5836600 square feet 0.98 Parking or SW 192348 00 square feet 0.95 Future 36637.00 square feet ?? Sidewalks 1776000 square feet ?? Outparcels 1-5 242664 00 square feet ?? BUA at Old D'e , square feet �? TOTAL 605000 00 square feet SURFACE AREA CALCULATION (including old and new DA and BUA) user input req. formula Breakdown of BUA & otd DS Buildings/Lots Street Parking / SW Other Overall % Impervious 70.58°k SA/DA Ratio 6.06%. ,.Average Design Depth 4 feet Req. SA 51928 sf TSS, 85 or 90: 90 % Prov. SA 56660 sf TEMPORARY POOL AND FOREBAY VOLUME CALCULATIONS Old Ds-(D New IDS UDrainage Area 0 857175 BUA 0.00 605000 00 Post development Rv= 0.000 0 685 Old BUA Design Storm Old BUA Design Volume 0 1.5" New BUA Design Storm Volume 7:3420 1 yr. 24 hour precipitation depth (inches) from NOAA chart 37 Predevelopment Rv value (0.05 if no existing BUA) 0.05 1 yr. 24 hr. Pre -development volume 25259 1 yr. 24 hr. Post -development volume 177103 2008 Design Volume 151844 cubic feet Phase 2 Design Volume 151844 cubic feet Required Volume 15180 cf Top of Sediment 15.00 msl ..... Bottom of Shelf 19.50 msl.. ..... Permanent Pool 20.50 msl.. ... Top of Shelf 20.50 msl... Temporary Pool 23.00 msl........ Volume met at elev 1 22.96 msl ""Vol. Prov. at TPE 1 154400 cf - only works if TPE > top of :.•::elf elevation feet = 14.05 inches Note: do not include previously approved BUA as existir cubic feet per HydroCAD cubic feet per HydroCAD Area, sf Inc. volume Acc. volume 23350.00 0.00 0.00 37855.00 137711,25 137711 25 56860.00 4735750 185068.75 56660.00 0.00 185068.75 66860.00 154400 00 339468 75 FOR EBAY Perm. Pool Volume= Req. Forebay Volume= Provided Volume= Percent= Max PumD HP 228679 45736 4926.0 21.5% 3/4 ORIFICE CALCULATION Average Head 0.76 feet Q2 Area = 30.07 sq. inches Flow Q2, cfs 0.879 cfs Q5 Area = 12.03 sq. inches Flow Q5, cfs 0.351 cfs Orifice Area = 19.63 sq. inches No. of Orifices 1 Avg. Flow Q= 0.574 cfs Diameter, inches 5,00 or weir H x W in x in Drawdown = 3.1 days # of end contractions, N = 1 yr 24 hr intensity, in/hr NOAA chart @t discharge coefficient, C = 3.35 Runoff Coefficient 0.42 unitless Effective weir length, L = 0.00 1 yr 24 hr peak Q 0.00 cfs Orifice flow<1yr24hr? NO VEGETATED SHELF PLANTINGS Area ofthe 10' wide shelf sf Minimum m # of plantings 0.00 each INFILTRATION BASIN ANALYSIS requires input by reviewer FILENAME: g:\wq\shared\stormwater\permits & projects\2016\161204 HD\2016 12 excel IB 161204 PROJECT NUMBER: SW8 161204 PROJECT NAME: Ocean Isle Beach Market Place REVIEWER: L Lewis Basin 1 I Basin 2 Basin 3 Receiving Stream Kifbart5lough River Basin LBR59 Index Number 15-25-4 Classification SA Secondary BMP IMPERVIOUS AREA CALCULATION Buildings Parking & Streets Concrete & SW Outparcels 1-5 Other/Future TOTAL VOLUME CALCULATION Drainage Area = Drainage Area (acres) % Impervious, 1= Cc= Rv= SHWT Elev.= Infiltration Rate, In/hr= Bottom Elevation= Bottom Surface Area = Top/Storage Elevation = Top/Storage SA = Design Storm = Design Volume = Total Volume Provided= Storage met at elevation= Time to Draw Down = First Run Date: December 14, 2016 Last Modified: 16-Dec-16 Basin 4 Basin 5 Basin 6 57225 250714 17760 242664 36637 0 32785 5778 587 605000 39150 0 0 0 n 857175 84035 19.68 1.93 0.00 0.00 0.00 0.00 70.58% 46.59% #DIV/01 #DIV/O! #DIV/0! #DIV/O! 0.06 0.11 #DIV/0! #DIV/O! #DIV/01 #DIV/O! 0.69 0.47 #DIV/0! #DIV/O! #DIV/01 #DIV/0! .1975 17.75 35 4.0 205 21 9435 3140 22.5 233 11820 6382 3.73 3.73 151844 6488 #DIV/O! #DIV/01 #DIV/O! #DIV/01 21255 12356 0 0 0 0 34.79 22.21 #DIV/01 #DIV/O! #DIV/O! #DIV/0! 2.30 0.26 #DIV/01 #DIV/O! #DIV/01 #DIV/O! sf sf acres fmsl n/hr `msl of `msl 3f n ;f :f ms I Jays < Design Option Sec. BMP Option #4 Design Storm 7 I I I in Volume to handle 151844 22439 #DIV/O! #DIV/01 #DIV/O! #DIV/01 cf per I Infiltration FlowRate, cfs 0.764 0.145 0.000 0.000 0.000 0.000 cfs Discharge / vol inf in 24 hrs 0.574 12560 0 0 0 0 cFs / cf Leftover volume to store 9879 #DIV/O! #DIV/01 4DIV/0! #DIV/01 cf Enough volume provided? YES #DIV/O! #DIV/01 #DIV/O! #DIV/01 yes/Nc COMMENTS The infiltration rate through the bottom area of Basin #1 is greater than the orifice flow rate. OCEAN ISLE BEACH MARKET PLACE TOWN OF OCEAN ISLE BEACH BRUNSWICK COUNTY NORTH CAROLINA STORMWATER MANAGEMENT NARRATIVE Prepared for: HALPERN ENTERPRISES, INC. 5200 ROSI ELL ROAD ATLANTA, GA 30342 Prepared by: PAaAl\4C)-LJ1**,*TTE E N E3 ! N L= 122 Gnema Drive Wilmington, NC 28408 NC License #: C-2846 Project #14414.PE December, 2016 Revised December, 2016 ECEta(E DEC 15 2016 BY-•�SI(&Odt2 �',r LtLl Ltllllr CAR, �I 440542 rz.rs.r+. o���5'� �rrrtrrl a IL�e� OCEAN ISLE BEACH MARKET PLACE TOWN OF OCEAN ISLE BEACH BRUNSWICK COUNTY NORTH CAROLINA STORMWATER MANAGEMENT NARRATIVE Prepared for: HALPERN ENTERPRISES, INC. 5200 ROSWELL ROAD ATLANTA, GA 30342 Prepared by: PAaA1\4'C)-LJT%%TTE E " C3 1 " E �: M 1 " C:3. t " C: 122 Cinema Drive Wilmington, NC 28403 NC License #: C-2846 Project #14414.PE December, GO p BY: OCEAN ISLE BEACH MARKET PLACE TOWN OF OCEAN ISLE BEACH BRUNSWICK COUNTY NORTH CAROLINA Project #14414.PE Table of Contents Design Narrative Proposed Improvements Design Method Maintenance Soils Maps Reference Data USGS Map Stormwater Calculations Overall Stormwater Calculations Wet Pond #1 and Infiltration Basin #1 Stormwater Calculations Infiltration Basin #2 Soils Report (By Others) Page OCEAN ISLE BEACH MARKET PLACE TOWN OF OCEAN ISLE BEACH BRUNSWICK COUNTY NORTH CAROLINA I V E�. Project #14414.PE DEC 15 2016 J DESIGN NARRATIVE Halpern Enterprises, Inc. is proposing to construct a new commercial development with outparcels on a portion of a 44.859-acre site off of Beach Drive (NC Hwy 179) in the Town of Ocean Isle Beach in Brunswick County, NC. The remainder of the 44.859-acre site that is not served by the proposed stormwater devices will be permitted separately prior to its development. The latitude and longitude of the property are 33' 54' 19" N, 78' 26' 14" W. The existing site is relatively flat, sloping from beach drive and Culpepper Road to the center of the site with wetland areas and wooded ground cover. The existing site ultimately drains to Kilbart Slogh which has a stream classification of SA, HQW. The site discharge points fall within 1/7. mile of the S.A waters. Sni-LS consist mainly of Leon fine sa nd(L o) (HSG A/D), and Wando fine sand (WaB) (HSG A), per the NRCS soil survey. The seasonal high water table for the proposed wet pond was determined using the parameters described on pages 10-9 and 10-10 of the BMP manual; therefore, using good engineering judgement by field survey, inspection, and discussion with client on existing conditions of the outfall; lead to the setting of each respective outfall elevation. The elevation for the permanent pool and seasonal high water table was determined as well by observing the wetlands throughout the area and the surveyed elevation of the wetland areas. PROPOSED IMPROVEMENTS Tne applicant is proposing to build a grocery store, in -line shops and outparcels along with associated parking, access roads, pump station and stormwater management system. Runoff resulting from impervious surfaces will be collected by a combination of overland flow, swales, and an underground (piped) storm drainage system. The conveyance system will then be discharged to one of four (4) wet detention ponds designed for 90% TSS removal. Due to the site's discharge points being within 1/z mile of SA waters, Wet Pond #1's water quality volume will discharge to a secondary BMP (Infiltration Basin #1). The wet pond has been designed to meet NCDEQ requirements, which include a forebay and a drawdown orifice at permanent pool. Stormwater from greater storm events will bypass the outlet that flows to the secondary infiltration basin through an outlet structure and culvert. The pond has an emergency spillway as well. Infiltration Basin #1 has been designed to meet NCDEQ requirements for an infiltration basin in series. Pretreatment is provided by the wet detention pond, the bottom has been designed to be at least 6" above seasonal high water table (SHWT) elevation, and an emergency spillway has been provided. A bottom surface area has been provided to infiltrate the water quality volume at the measured infiltration rate within five (5) days. Infiltration Basin #2 has been designed to meet NCDEQ requirements for a primary infiltration basin. Pretreatment is provided through sumps in the inlet boxes and the settling pool. The infiltration basin has been sized to infiltrate the 10-year 24-hour storm at half the measured infiltration rate to remove the requirement for an offline bypass and vegetative filter strip. During construction, sediment will be controlled by temporary silt fence, temporary diversion ditches, temporary inlet protection, culvert crossings, and temporary construction entrances. The wet pond will serve as temporary sediment/skimmer basins. Please find all reference material and calculations in the following pages of this report. Note that some calculations have also been located on the plans for easy reference during construction.. DESIGN METHOD Hydrologic calculations have been performed utilizing HydroCAD version 10.0 software which employs the USDA SCS Method. The 1-Year and 10-Year Type -III 24-hour storm rainfall depth (precipitation data) have been taken from the NOAA Atlas 14 Precipitation Frequency Data Server (PFDS). Curve Number (CN) and Time of Concentration (TOC) calculations have been performed in accordance with the USDA TR-55 manual, with a minimum TOC of 5 minutes. The difference in the Pre/Post 1-Year 24-hour storm volume of runoff has been computed utilizing HydroCAD version 10.0 software and the SCS (TR-55) Method with composite curve numbers. Hydrologic Soil Group Classifications have been taken from the USDA Web Soil Survey. Storm conveyance calculations have been performed utilizing the Rational Method within Carlson Hydrology 2016 which employs the FHWA Method for HGL computations. MAINTENANCE Contractors shall be responsible for periodic inspection and maintenance of all indicated erosion control devices in accordance with the plans and specifications. In addition, inspection and any necessary maintenance will be required immediately following any significant storm event. Any erosion control measure that fails to function as intended shall be repaired immediately. Upon completion of construction and the establishment of stabilized ground cover, the property owner shall be responsible for any on going site maintenance. SOILS MAPS z OOOSSLE 0060SL£ OOBbSLE OOLbSLE 009KLE M.ZSSZ.9L - 8 n 07 c O l0 U L 0 0 z 4' I M „E'b AZ c9L OOSVSLE OObbSLE OOEbSL£ Z OOZbSL£ M.ZS ,SZ AL 006bSLE OOBKZE OOLtSL£ 009KIE OOSbSLE OObbSLE OOEVSLE 00ztszE z z n � n M n co v m c O m U t 0 0 z f� C Z ui W J a c 0 O N m N n d m E N 3 Q 0 a� N a E $ T 7 N 0 N N H a� c � O y 7 N m a-.2 C y 0 U O N O N a m N a L d ° my E r 'a m U m w m N E 3 m > w. O O C m - ran o O 0 0 C >" c T a 00. -0 m a m o m m E -Ea O c L U) `m ~ $ e � E 0 ) (D M �, Ew C ,� N W Efn'N m N p N o o O � 0 c (�pp O U N O ° air m m m J 3 c a m Z m O t y 4 N m O N 7 C 2 Ea y m c 9 o N c0 o BE a = m a m E Nm `c co Q W 7 V l[7 m E a O O N a N N aN Ci N O ,C N N y N a N Z O N V E N E L)= v cNa�E'a >N o t a N y s c a t c4 C O. 7 �6 a W� °C "O m m ma o ) N 00) 0_ j >c °m �'-0c�� y aoE�E 2:, co O m 2 a � a) 12 7N E 0 0° 0 c N aO a E amy N. (Da)o c maNm E2 m i 0 Nac : m 2> N o NU) 1)a $°5 am °'o rn ° +a+ N y a 0 d N 'O cID IM N m N N E ° .Ol N C 'O T CO C ld0 = w L-0 lV �. N 'O N Q 0 m O 7 0 -an TE U) �(A N 3 W- c c m 5 m `m a ncco w �o 0c 0yc E ° Q0aQw o �a °�m ° 7m OW am) `a>COZ` amc E o st vEci u HCocH$a m m E E 48 a � t cv ° a m f/1 T >m c c m U c a 12 01 N N -0d O U ° m E W ° W `° t a N Q' ip L d U m A d c 0 13 El © 3 o Im m nl m a� M m Q _m I o 0 0 Q c O Im d ` N N C m m 0 O IL Q e 0 p a m m U C) G Z c J a e G U p d a m c S � Q c m m U 0 z o� Q m c w p 11 11 El '^° r 0 m N N Q co It a 0 aN <C a m z 81 Hydrologic Soil Group —Brunswick County, North Carolina DA 1 Hydrologic Soil Group Hydrologic Soil Group— Summary by Map Unit— Brunswick County, North Carolina (NC019) Map unit symbol Map unit name Rating Acres In AOI Percent of AOI Lo Leon fine sand AID 15.8 79.0% WaB Wando fine sand, 0 to 6 percent slopes A 4.2 21.0% Totals for Area of Interest 20.0 100.0% Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long -duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three duai ciasses (AID, B/D, and C/D). I he groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method. Dominant Condition LSDA Natural Resources Web Soil Survey 6/2/2016 Conservation Service National Cooperative Soil Survey Page 3 of 4 Hydrologic Soil Group —Brunswick County, North Carolina DA 1 Component Percent Cutoff. None Specified Tie -break Rule: Higher ik Natural Resources Web Soil Survey 6/2/2016 Conservation Service National Cooperative Soil Survey Page 4 of 4 � m v O N N y � C 0 a0 N 4 O O aL+ l0 O 17 t N p ? N W 1p y NN 3 C cc �` a.07 "d L G7 V! a y N p O N O C N E w a o a y E !� C V N c O E Z m ° 3 O c� u~i c� N of m E 0o w m ca U o E m uoi 4)y0 a a y Z z O N L w r 3 n w CO cz .c a9� ? Z w �oa� O E U.'�W m M"a v y 0 o t m' ��y Y. j V m L ��p O 1p y 3 y c y 2 ID O `.yp Q 'C O O C1 N t� 7 2 y c �1 N N O Ol as y ID N O 'A p =p a E O Y C1 N y L E L y a Z C a N L d 7 y 'p^ f0 E N O '� G to y N T N lO fn N 41 Q L C .yy. �% O fy y V jpJ� O y CC "1 N 2� CO N Law, N C� !O L z E Q U f0 N C y R y 4) p N 0 l0 G ..L. G7 a N N 'a m� law l6 O LM C N C ay+ a Z >' 4) L y m m �❑ Q A w a N O T01 m� d Cl)3 civ w fi c m �' C m t Im N y N E 0— l0 7 C E C y Q O o p 7 a .2 N Z Q 7 so W Q f0 O D 'p � C O N 7 fA w '(� W {a N O. 7 T a A N LM v � N Z' O. t oa�io N O p m'oya� 47 �,� (n N —� E �� NL' O d O l0 mEmE v � a10iai a E cn�U avQ Py 65to in `o oN E o cR o L tf O z T a 7 O U � •o � Z � 3 N Ul (n,� 0 y 0 m m - a L O m y V p O C N U r G. L° c in p = y G o L z •� '� E m L' a a' O s a —op U ❑ U ❑ Z � to e it c D g ° C a Q A a _ z ® 0 ❑ a P W m mil 0 W v a a a C C N C C � C G a o D: p d m 2 Q a ❑ I Q a o m m U ❑ U❑ C o -J Z [� Q m o ❑ m U U❑ o a° ❑ ❑ a Q a in m y 0 s❑❑❑❑❑❑❑❑ �o ❑ n o d s „d a �m m o U) �� 0 d y t C A O ZU Hydrologic Soil Group —Brunswick County, North Carolina DA 2 Hydrologic Soil Group Hydrologic Soil Group —Summary by Map Unit —• Brunswlck County, North Carolina (NC019) Map unit symbol Map unit name Rating Acres in A01 Percent of A01 W Water 0.0 0.5% WaB Wando fine sand, 0 to 6 percent slopes A 1.9 99.5% Totals for Area of Interest 1.9 100.0% Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long -duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual ciasses (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method. Dominant Condition USDA Natural Resources Web Soil Survey 11/30/2016 �i Conservation Service National Cooperative Soil Survey Page 3 of 4 Hydrologic Soil Group —Brunswick County, North Carolina DA 2 Component Percent Cutoff: None Specified Tie -break Rule: Higher VsQ& Natural Resources Web Soil Survey 11/30/2016 Conservation Service National Cooperative Soil Survey Page 4 of 4 REFERENCE DATA 6/2/2016 Precipitation Frequency Data Server NOAA Atlas 14, Volume 2, Version 3 Location name: Ocean Isle Beach, North Carolina, =� I Latitude: 33.90520, Longitude:-78.43720 Elevation: 28 f * source: Google Maps POINT PRECIPITATION FREQUENCY ESTIMATES G.M. Bonnin, D. Martin, B. Lin, T. Parzybok, M.Yekta, and D. Riley NOAA, National Weather Service, Silver Spring, Maryland PF tabular I PF graphical I Maps & aerials PF tabular PDS-based point precipitation frequency estimates with 90% confidence intervals (in inches)? Average recurrence interval (years) 1 2 5 10 25 50 100 200F 500 1000 0.508 0.602 0.697 0.780 0.880 0.957 1.03 1.11 121 1. 99 5-min (0.472-0.549) (0.559-0.651) (0.646-0.754) (0.721-0.843) (0.808-0.948) (0.877-1.03) (0.941-1.12) (1.00-1.20) (1.08-1.31) Ill.15-1.40) 0812 0.963 1.12 1.25 1A0 1.52 1.64 1.76 191 2.04 10-m!n (0.754-0.878) (0.894-1.04) 1 (1.03-1.21) 11 (1.15-1.35) 1 (1.29-1.51) (1.40-1.64) (1.50-1.77) (1.59-1.90) (1.71-2.07) (1.81-2.21) 1.07 1.21 1A1 1.58 1.78 1.93 2.08 2.22 2A1 2.56 15-min (0.942-1.10) 1 (1.12-1.31) 1 (1.31-1.53) 11 (1.46-1.71) 1 (1.63-1.92) (1.77-2.08) (1.89-2.24) (2.01-2.40) (2.16-2.60) (2.27-2.77) 1 �9 1.67 2.01 2 a9 2.63 2.91 3.18 3A6 3.83 4.14 30-min (1.29 1.50)1 (1.55-1.81) L (1.86-2.17) (2.11-2.47) (2.42-2.84) (2.66 3.13) (2.90-3.43) (3.13-3.73) (3.43-4.14) (3.68-4.49) .7 14 2.10 2.57 2.98 3.50 3.94 4.38 4.85 5.50 6.05 60-Irvin (1 .61-1.88) (1.95-2.27) (2.38-2.78) (2.75-3.22) (3.22-3.78) (3.61-4.25) (3.99-4.73) (4.39-5.23)( 4.92-5.94)( 5.37-6.55) 2.O 7 F 2.52 3.17 3.74 4.51 5.18 5.89 6.65 7.74 8.69 2-hr (1.91-2.26) 11 (2.32-2.75) 1 (2.91-3.46) 11 (3.43-4.08) 1 (4.12-4.92) (4.70-5.64) (5.31-6.41) (5.95-7.23) (6.86-8.43) (7.63-9.48) 2.23 2.71 3-A2 4.07 4.97 5.7E 6.63 7.58 8.98 10.2 3-hr (2.05-2.46) 11 (2.48-2.99) 1 (3.12-3.77) 11 (3.70-4.48) 1 (4.50-5.47) (5.19-6.35) (5.92-7.29) (6.71-8.31) (7.84-9.86) (8.82-11.2) 2.74 3.33 4.21 1 F 5.03 6.17 7.18 8.28 9.50 11.3 12.9 6-hr (2.51-3.02) (3.04-3.69) (3.84-4.66) (4.56-5.54) (5.56-6.79) (6.42-7.90) (7.34-9.10)( 8.34-10.4) (9.80-12.4) (11.1-14.2) 3.22 3.91 4.98 5.97 7.38 8.64 10.0 11.6 13.9 16.0 72-hr (2.92-3.58) (3.54-4.36) (4.50-5.55) 11 (5.37-6.64) 11 (6.59-8.19) (7.66-9.58) (8.81-11.1) (10.1-12.8) (11.9-15.4) (13.5-17.7) 3.73 4.53 5.85 7.00 8.72 102 11.9 13.8 16.8 19.3 24-hr (3.40-4.13) (4.13-5.02) (5.33 6.48) (6.35-7.73) 1 (7.85-9.62) (9.13-11.3) (10.5-13.2) (12.1-15.3) (14.3-18.6) (16.2-21.6) 4.35 5.26 6.75 8.02 9.91 11.6 13A 15A 18.5 21.2 2ilay (3.98-4.80) (4.82-5.82) (6.16-7.46) (7.29-8.86) 1 (8.93-11.0) (10.3-12.8) (11.8-14.8) (13.5-17.2) (15.9-20.7) (17.9-23.9) 4.60 T5.56 _ 7.08 8.37 10.3 11.9 13.7 15.7 18.8 21 A 3{Jay (4.23 5.05) (5.11-6.11) 11 (6.49-7.78) 11 (7.64-9.19) (9.31 11.3) (10.7 13.1) (12.2 15.1) (13.8 17.4) (16.2 20.9) (18.2 24.0) 4.85 5.86 7.42 8.73- 10.7 12.3 14.1 16.0 19.0 21.6 4�ay (4.48-5.30) (5.40-6.40) (6.82-8.09) (8.01-9.a2) (9.70-11.6j 11 (imi-13.4j (12.6-1a.4) (i4.2-'17.6) (16.6-21.i) (18.6-24.1) 5.57 6.72 8A4 9.85 11.9 13.6 15.4 17A 20.3 22.7 7�a (5.17-6.04) (6.24-7.28) (7.81-9.14) 11 (9.10-10.7) 1 (10.9-12.9) (12.4-14.7) (13.9-16.8) (15.6-19.0) (17.9-22.3) (19.8-25.1) 6.28 7.53 9.30 10.8 12.8 -1-4.-67F 16A 18.4 21.2 23.5 10day (5.85-6.77) 1 (7.01-8.11) 11 (8.64-10.0) 11 (9.97-11.6) 11 (11.8-13.9) (13.3-15.7) (14.9-17.7) (16.5-19.9) (18.8-23.2) (20.7-25.9) 8A3 10.0 722 14.0 16.5 18.5 20.6 22.8 26.0 28.5 20{Jay (7.89-9.01) (9.41-10.7) (11.4-13.1) (13.1-14.9) (15.3-17.6) (17.1-19.8) (18.9-22.1) (20.8-24.6) (23A-28.2) (25.4-31.1) 10A 12A 14.8 16.8 19.5 21.6 23.7 26.0 29.0 31.4 30-day (9.83-11.1) (11.7-13.2) (14.0-15.8) (15.7-17.9) (18.2-20.7) (20.1-23.0) (22.0-25.4) (23.9-27.9) (26.4-31.3) (28.4-34.1) 13.0 15.4 18.2 20A 23A 25.7 28.1 30.5 33 8 36.4 45�1ay (12 3-13.8) 1 (14.5-16.3) 1 (17.1-19.3) (19.2-21.6) (21.9-24.8) (24.0-27.3) (26.1-29.9) (28.2-32.7) (31.0-36.4) (33.2-39.4) 60�1ay 15.6 ` (14.8-16.5) 18.4 r (17.4-19.5) 21.5 (20.3-22.7) 23.9 (22.6-25.3) 27.1 (25.5-28.6) 29.6 (27.7-31.3) 32.0 (29.9-33.9) 34.5 (32.0-36.6) 37.7 (34.8-40.2) 40.1 (36.8-43.1) Precipitation frequency (PF) estimates in this table are based on frequency analysis of partial duration series (PDS). Numbers in parenthesis are PF estimates at lower and upper bounds of the 90% confidence interval. The probability that precipitation frequency estimates (for a given duration and average recurrence interval) will be greater than the upper bound (or less than the lower bound) is 5%. Estimates at upper bounds are not checked against probable maximum precipitation (PMP) estimates and may be higher than currently valid PMP values. Please refer to NOAA Atlas 14 document for more information. 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J 'Ili �I 'EI^� N•3} Prewcea h'tM WM S W 6eeIMM Survey vu r ":Zd aaa roAocusrlunm+ ,owo xvwx.�x.a o•w. wil. �'�. � ���v�mum vv n Ada � u,m �vxw— x� :v _..— bm mtrta w Osv:.eu. n.yv......_.............._...._.....................wP,,vrmn ow,vvvmsr{`ii°1 nzr ezww:z roxrw iv..a ,a emnr :rw............................................._...._.wf. mn � wxr°m inawrnrt �r�,...�..�...... ..ave��uscsv, z"rn.mn �� xortx.ezruxvz3reu mrvx°r:w SHALLOTTE, NC M13 STORMWATER CALCULATIONS OVERALL Project Name: Ocean Isle Beach Market Place Client: Halpern Enterprises Inc Project Number: 14414.PE Prepared By: DJF Date: 12/6/16 Basin: DA #1 [POST] PARAMC-)UNTE 4 " a" r 1 to 1 N c 11 E rat c Drainage area= 19.68 acres = 0.031 mil Land Use Area (Ac.) Area (sf) % of Basin Outparcel 1 0.551 23,998 Outparcel2 0.637 27,763 Outparcel3 1.100 47,896 Outparcel4 1.094 47,640 Outparcel5 2.189 95,367 Buildings 1.314 57,225 Streets 1.340 58,366 Parking 4.416 192,348 Sidewalks 0.408 1? 760 Misc. / Future 0.841 36,637 Impervious (Total) = 13.889 605,000 70.6% Pond Perm. Pool (Classified Pervious) 1.358 59,135 6.9% Open Space - Good 4.432 22.5% Basin: DA #2 [POST] Sum: 19.678 100.0% Drainage area= 1.93 acres = 0.003 miz Land Use Area (Ac.) Area (sf) % of Basin Roadway 0.753 32,785 Sidewalks 0.133 5,778 Misc / Future 0.013 587 Impervious (Total) = 0.899 391150 46.6% Open Space - Good 1.030 53.4% Sum: 1.92S 100.0% Project Name: Ocean Isle Beach Market Place Client: Halpern Enterprises Inc Project Number: 14414.PE Prepared By: DJF Date: 12/6/16 Wet Detention Basin / Infiltration Basin or LS-VFS in Series 1 yr. 24 hour Pre / Post: SCS TR-55 Method 1 2 Rainfall Depth (1yr. 24hr.) [in.] = 3.73 3.73 Drainage Area to System [Ac.] = 19.68 1.93 SCS TR-55 Method Pre [cf] = 25,259 12 Reference HydroCAD Node is 3S SCS TR-55 Method Post [cf] = 177,103 6,500 2S 4S SCS TR-55 Method Pre/Post [cf] = 151,844 6,488 OiB - 1-Yr Difference Type 111 24 hr 1-YEAR Rainfall=3.73" Prepared by Paramounte Engineering, Inc. Printed 12/6/2016 HydroCAD® 10.00-18 s/n 08877 © 2016 HydroCAD Software Solutions LLC Page 1 Summary for Subcatchment 1S: PRE #1 Runoff = 2.58 cfs @ 12.58 hrs, Volume= 25,259 cf, Depth= 0.35" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Type III 24-hr 1-YEAR Rainfall=3.73" Area (ac) CN Description 11.807 36 Woods, Fair, HSG A 7.871 79 Woods Fair, HSG D 19.678 53 Weighted Average 19.678 100.00% Pervious Area Tc min 25.9 Length Slope Velocity Capacity Description 2 i 950 0.0150 0.61 Shallow Concentrated Flow, SCF Woodland Kv= 5.0 fps Subcatchment 1S: PRE #1 Hydrograph 0 10 20 30 40 Runoff=2.58 ;cfs a@ 12.50 hrs TyOe III 24-hr 1,*YEAk-Rainfa11=;.73 R'unoff�Area=19.678 ac Runoff Volume=25,269 cf Runoff DO'pth=6.35" Flow Length-1950' $1oPO' G.01P.0_'1'_ Td=25.9 min CN=53 50 60 70 80 90 100 110 120 Time (hours) LO Runoff OIB - 1-Yr Difference Type 11124-hr 9-YEAR Rainfall=3.73" Prepared by Paramounte Engineering, Inc. Printed 12/6/2016 HydroCAM 10.00-18 s/n 08877 © 2016 HydroCAD Software Solutions LLC Page 2 Summary for Subcatchment 2S: POST #1 Runoff = 58.78 cfs @ 12.07 hrs, Volume= 177,103 cf, Depth= 2.48" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Type III 24-hr 1-YEAR Rainfall=3.73" Area (ac) CN Description 13.889 98 Paved parking 1.358 98 Water Surface, 0% imp 2.659 39 >75% Grass cover, Good, HSG A 1.772 80 >75% Grass cover, Good, HSG D 19.678 88 Weighted Average 5.789 29.42% Pervious Area 13.889 70.58% Impervious Area T c Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Subcatchment 2S: POST #1 Hydrograph 65 ® Runoff 60 - - Rpnoffz�8.7-8;cfs @-42A-�i hrs - 55 r; Tyj�e11124-hr_ 50 _ _ r , J-YEAR.Rainfall=�.73" _ 45 RunofffAreaT19.678 ac -- -- -- -- -- -- 40 Runoff Vol ume=1 77 1 d3 cf 35 Runpff Depth=2.48" c 30 Tlc-5.d min -- 2J �.Rr=�� 20 15 10 - %- 5A 0 10 20 30 40 50 60 70 80 90 100 110 120 Time (hours) OIB - 1-Yr Difference Type Ill 24 hr 1-YEAR Rainfall=3.73" Prepared by Paramounte Engineering, Inc. Printed 12/6/2016 HydroCADO 10.00-18 s/n 08877 ©2016 HydroCAD Software Solutions LLC Page 3 Summary for Subcatchment 3S: PRE #2 Runoff = 0.00 cfs @ 24.03 hrs, Volume= 12 cf, Depth= 0.00" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Type III 24-hr 1-YEAR Rainfall=3.73" Area (ac) CN Description 1.929 36 Woods, Fair, HSG A 1.929 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.2 500 0.0120 0.55 Shallow Concentrated Flow, Woodland Kv= 5.0 fps Subcatchment 3S: PRE #2 0.00 l Hydrograph �j Runoff - - - - - - - - - 0.001 -' Rttnoff=p.004fs-@;24.03 hrs 0.001 _ -, _ _ L ...Type .11l_24-hr 0.001 " ' _- 0.001 Runoff Arear1.929 ac H 0.001 unoft Volume=12 cf —"- 0.001 ;Runoff' Depth=Q.00" c 0.001 a _ Flow Length=500' 0.000 0.000 - - 1- - - -Tc=15 'rnVrf 0.000 �N=3fr 0.000 0 10 20 30 40 50 60 70 80 90 100 110 120 Time (hours) OIB - 1-Yr Difference Type H/ 24 hr 1-YEAR Rainfal1=3.73" Prepared by Paramounte Engineering, Inc. Printed 12/6/2016 HydroCAD® 10.00-18 s/n 08877 © 2016 HydroCAD Software Solutions LLC Page 4 Summary for Subcatchment 4S: POST #2 Runoff = 1.92 cfs @ 12.09 hrs, Volume= 6,500 cf, Depth= 0.93" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Type III 24-hr 1-YEAR Rainfall=3.73" Area (ac) CN Description 0.899 98 Paved parking, HSG A 1.030 39 >75% Grass cover, Good, HSG A 1.929 66 Weighted Average 1.030 53.40% Pervious Area 0.899 46.60% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Subcatchment 4S: POST #2 Hydrograph - - 0 Runoff 2 Runoff=1.92 ;cfs @ 12.09 hrs Type III 24-hr i-YEAR Rainfall=3.73" Runoff Area=1.929 ac Runoff Volume=6,560 cf Runoff Depth=0.93" . n c 1 �c-5a' rain N=66 0 10 20 30 40 50 60 70 80 90 100 110 120 Time (hours) STORMWATER CALCULATIONS WET POND #1 AND INFILTRATION BASIN #1 Ocean Isle Beach Market Place - Wet Pond #1 NC DENR Retention Requirements Objective: design a wet detention basin with the following characteristics: a permanent water pool depth between 3- and 6-feet a surface area that meets TSS removal requirements (values set by NC DENR and included here), a forebay that is approximately 20% of the total pond volume, a temporary water pool sized to detain the initial 1.5 inch of rainfall runoff, an outlet device that drains the temporary water pool within 2-5 days, and a length -to -width ratio of approximately 3:1. Step 1: Determine the surface area required for 90% TSS removal Post -Development Conditions Total Drainage Area 19.678 ACRE Value from CAD Impervious Drainage Area 13.889 ACRE Value from CAD Impervious Cover 70.58% Impervious Cover -(Impervious Drainage Area)/(Total Drainage Area)*100% Elevation of Permanent Pool Surface 20.50 FT Value selected by designer Depth of Permanent Pool 5.50 FT Value selected by designer Elevation of Wet Detention Pond Bottom 15.0 FT (Bottom Elevation)=(Permanent Pool Surface Elevation) -(Depth of Permanent Pool) Approximate Pond Length 450 FT Value from CAD Approximate Pond Width 126 FT Value from CAD Len th:Width Ratio 3.6:1 Ratio= Len th / Width :1 Required SA/DA Ratio for 90% TSS Removal 6.06 Value from chart. Reference: "90% TSS Removal Required Permanent Pool Surface Area 51,945 SF Required Surface Area=(Required SAIDA Ratio)*(Total Drainage Area) Provided Permanent Pool Surface Area 56,660 SF Interpolated value from stage -storage calculations Step 2: Determine the WQV runoff elevation within the wet detention pond Runoff Coefficient, Rv 0.685 IN/IN Rv=0.05+0.009*(116 Impervious) 1.5" Runoff Volume (Volume of Temporary Pool) 73,420 CF 1.5" Runoff Volume=1.5 inch*Rv*1 foot/12 inch*(Total Drainage Area) SCS TR-55 Method Required Runoff Volume 151,844 CF [see HydroCAD calculation] (Pre/Post Volume difference of 1-Year storm) Volume Below Permanent Pool 228,679 CF Value from stage -storage calculations (cumulative pond volume at permanent pool elevation) Total Volume to be Controlled 380,523 CF Total Volume to be Controlled=(Volume Below Permanent Pool)+(Required Runoff Volume) Storage Elevation at Required SCS Volume 22.96 FT Value is interpolation based upon stage -storage values. See staae-storage calculations Step 3: Calculate the required forebay volume (18-22% of total pond volume) and compare to the forebay volume provided Total Pond Volume 228,679 CF Value from stage -storage calculations Required Total Forebay Volume 41,162 CF Forebay Volume= Total Pond Volume *18% Provided Total Forebay Volume 49,260 CF Value from stage -storage calculations Provided Forebay Volume:Total Pond Volume 21.5% (Provided Forebay Volume)/(Total Pond Volume)*100% Step 4A: Verify that time required to drawdown the required water quality volume is within 2 to 5 days Diameter of Proposed Low -flow Orifice 5.00 IN Value chosen by designer Elevation of Outlet Structure 22.96 FT Value chosen by designer Total Elevation Head Above Orifice 2.46 FT (Total Elevation Head Above Orifice)=(Weir Elevation) -(Elevation of Permanent Pool Surface) (Average Elevation Head Above Orifice) [(Storage Average Elevation Head Above Orifice 0.82 FT Elevation at Required Volume)+(Elevation of Permanent Pool Surface)113-(Storage Elevation at Required Volume) Cd, Coefficient of Discharge 0.60 Value chosen by designer Q, Flowrate Through Low -flow Orifice 0.59 CFS Q=Cd*(Pi)*((Diameter of Office)*(1 W12 in)j"2/4*[2*32.2*(Avenge Head)]"1/2 Drawdown Time for Req'd WQV 2.88 DAYS (Drawdown Time)=(Required Runoff Volume)/Q*(1 I ... roes ----- - Step 4B: Verify that time required to drawdown the provided runoff volume is within 2 to 5 days Diameter of Proposed Low -flow Orifice 5.00 IN Value chosen by designer Elevation of Outlet Structure 23.00 FT Value chosen by designer Total Elevation Head Above Orifice 2.50 FT (Total Elevation Head Above Orifice)=(Weir Elevation) -(Elevation of Permanent Pool Surface) (Average Elevation head Above Ormce)[(Storage Average Elevation Head Above Orifice 0.83 FT Elevation at Required Volume)+(Elevation of Permanent Pool Surface)J/3-(Stora4e Elevation at Required Volume) Cd, Coefficient of Discharge 0.60 Value chosen by designer Q, Flowrate Through Low -flow Orifice g 0.60 CFS Q=Cd*(Pi)*((Diameter of Orifice)*(1 ft/12 in)J"2/4*j2*32.2* Aver a Head j^1/2 Drawdown Time for Provided WQV 2.98 DAYS (Drawdown Time)=(Provided Runoff Volume)/Q*(1 Ocean Isle Beach Market Place - Wet Pond #1 Stage -Storage Calculations for Proposed Wet Detention Pond Stage/Storage Above Permanent Pool (Including Forebay) Cumulative Contour Incremental Volume, S Contour Area (SF) Volume (CF) (CF) 20.50 56,660 0 0 *-Permanent Pool 21.00 58,675 28,834 28,834 22.00 62,740 60,708 89,541 23.00 66,860 64,800 154,341 24.00 71,040 68,950 223,291 25.00 75,275 73,158 296,449 26.00 79,570 77,423 373,871 26.25 80,650 20,028 393,899 Stage/Storage Main Pond (Not Including Forebays) Cumulative Contour Incremental Volume, S Contour Area (SF) Volume (CF) (CF) 14.0 20,405••Sediment Storage 15.0 23,350 n 0 Bottom Elpv. 16.0 26,450 24,900 24,900 17.0 29,625 28,038 52,938 18.0 32,875 31,250 84,188 19.0 36,180 34,528 118,715 19.5 37,855 18,509 137,224 20.0 41,060 73,935 158,123 20.5 44,125 21,296 179,419Permanent Pool Stage/Storage Total Pond (Including Forebay) Main Pond Cumulative Volume Forebay #1 Forebay #2 Volume, S Contour (CF) Volume (CF) Volume (CF) (CF) 14.0 0 0 0 0 15.0 0 2,663 1,343 4,005 16.0 24,900 5,993 3,135 34,028 17.0 52,938 10,050 5,445 68,433 18.0 84,188 14,893 8,333 107,413 19.0 118,715 20,578 11,855 151,148 19.5 137,224 23,751 13,870 174,845 20.0 158,123 27,156 16,065 201,344 20.5 179,419 30,800 18,460 228,679 Forebay #1 Cumulative Contour Incremental Volume, S Contour Area (SF) Volume (CF) (CF) 13.0 1,780 - - -Sediment Storage 14.0 2,345 0 0 Bottom Elev. 15.0 2,980 2,663 2,663 16.0 3,680 3,330 5,993 17.0 4,435 4,058 10,050 18.0 5,250 4,843 14,893 19.0 6,120 5,685 20,578 19.5 6,575 3,174 23,751 20.0 7,045 3,405 27,156 20.5 7,530 3,644 30,800 *forebay Volume Ocean Isle Beach Market Place Wet Pond #1 Stage -Storage Calculations for Proposed Wet Detention Pond Forebay #2 Cumulative Contour Incremental Volume, S Contour Area (SF) Volume (CF) (CF) 13.0 780 - -Sediment Storage 14.0 1,135 0 0 ••Bottom Elev. 15.0 1,550 1,343 1,343 16.0 2,035 1,793 3,135 17.0 2,585 2,310 5,445 18.0 3,190 2,888 8,333 19.0 3,855 3,523 11,855 19.5 4,205 2,015 13,870 20.0 4,576 2,195 16,065 20.5 5,005 2,395 18,460 +-Forebay Volume Project Name: Ocean Isle Beach Market Place Client: Halpern Enterprises, Inc. Project Number: 14414.PE Prepared By: DJF Date: 1216/16 Average Depth Calculation: (Option 2 per Errata) Pond #1 ABottom Shelf = 37,855 Sf ABottom Pond = 23,350 Sf APerm Pool = 56,660 Sf Depth = 4.50 ft day = 4.1 ft DARAMOUNTE Project Dame: Ocean Isle Beach Market Place Client: Halpern Enterprises, Inc. DARAMOUNTE Project Number: 14414.PE N r. �, ,: 1 � Prepared By: DJF Date: 12/6/16 Forebay Percentage Calculation: (Per NCDENR SWM BMP Manual Section 10.3.3) Overall BMP (WET POND #1) Drainage Area = 19.678 Acres Total Forebay Vol. = 49,260 cf Forebay #1 Drainage Area = 12.478 Acres Forebay Volume = 30,800 cf Forebay #2 Drainage Area = 7.200 Acres Forebay Volume = 18,460 cf 63% of total drainage area 63% of total forebay volume 37% of total drainage area 37% of total forebay volume Project Name: Ocean Isle Beach Market Place Client: Halem Enterprises Inc Project Number: 14414.13E Prepared By: DJF Date: 12/15/16 Secondary Infiltration System Design #1 Total Impervious Area 605,000 sf Soils Testing Information: Soil Type = Wando fine sand EL. At Test Location = 23.25 Depth to SHWL = 3.5 ft SHWL = 19.75 Infiltration Rate = 3.5 in/hr Stormwater Quality Requirement: Drainage Area to System = 19.68 Ac. Impervious Area = 13.89 Ac. % Impervious 70.58 % Runoff Coefficent (Rv) = 0.685 in/in Req. 1.5" Runoff Volume = N/A cf lyr Volume (SCS Method) 151,844 cf Weir Elevation = 22.50 EL. Draw Down Analysis: Bottom Area of Basin Bottom Elevation of Basin Basin Depth Draw Down Time = ..................................... ..... ..._....... _.... ... ._._..... ._._...... ............ PARAMOUNTE i N . E N t t!: I IV + ) IW a. -• - Y. DEC 15 2016 SY. 9,435 sf 20.50 EL. 2.00 ft 2.30 days (from Darcy's Equation) VVr ;Otto 1*-1 VW W'DOWN � : ► v�li r Confi'RALS 4S 5S POST (Road Ext) POST (O TFALL A) 6P - -D A7P 84P POND 1 INFiLT BASIN Infii Basin 2 I Iv. DEC 15 2016 BY: Subcat Reach on Link OIfB Type /// 24 hr 1-YEAR Rainfall=3.73" Prepared by Paramounte Engineering, Inc. Printed 12/15/2016 HydroCAD® 10 00-18 s/n 08877 © 2016 HvdroCAD Software Solutions LLC Page-2 Summary for Subcatchment 4S: POST (OUTFALL A) Runoff = 58.78 cfs @ 12.07 hrs, Volume= 177,103 cf, Depth= 2.48" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Type III 24-hr 1-YEAR Rainfall=3.73" Area (ac) CN Description 13.889 98 Paved parking 1.358 98 Water Surface, 0% imp 2.659 39 >75% Grass cover, Good, HSG A 1.772 80 >75% Grass cover, Good, HSG D 19.678 88 Weighted Average 5.789 29.42% Pervious Area 13.889 70.58% Impervious Area Tc Length Slope min) (feet) (fi/ft) 5.0 Capacity Description (cfs) Direct Entry, Subcatchment 4S: POST (OUTFALL A) Hydrograph 65 -_ - -- --- 60 -R�noff=,58.7i,cfs @-42.077-hrs - 55 _-i-___----Ty-oaill 24hr- _ _ 50 !YEAS Rainfall=,Z3'' - 45 RunoffAreaT19.678 ac 40 cf Runoff Volume=�77,1b3 cf -- - - -- - -�_ --- --- - -- �-- - - - -- 1'---- 1 ---- "�------ ------ =- 35 Runoff Depth=2.48" --- --- - --- ---;, --; - ;----rt c=5.d min 30 0 -- - - --- - -; --CN=88- u- 25 - - - 20 _ - - 15 - 10 - 5 0 10 20 30 40 50 60 70 80 90 100 110 120 Time (hours) DEC 15 2016 BY: ® Runoff OIB Prepared by Paramounte HvdroCAD®10.00-18 s/n 081 Type I1124-hr 9-YEAR Rainfall=3.73" ineering, Inc. Printed 12/15/2016 roCAD Software Solu Summary for Subcatchment 5S: POST (Road Ext) Runoff = 1.92 cfs @ 12.09 hrs, Volume= 6,500 cf, Depth= 0.93" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Type III 24-hr 1-YEAR Rainfall=3.73" Area (ac) CN Description 0.899 98 Paved parking, HSG A 1.030 39 >75% Grass cover, Good, HSG A 1.929 66 Weighted Average 1.030 53.40% Pervious Area 0.899 46.60% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Subcatchment 5S: POST (Road Ext) Hydrograph 0 Runoff 2 { Runoff=1.92 ;cfs @ 12.09 hrs Ty0e III 24-hr 1;-YEAk Rainfall=�.73" " Runoff Ared=1.929 ac a Runoff Vfolume=6 560 cf 1 -- Runoff Depth=q.93" EM:Vc=5.0 min CN=66 i - - - - - - , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . 0 10 20 30 40 50 60 70 80 90 100 110 120 Time (hours) DEC 15 2016 BY: OIB Prepared by Paramounte Engineering, Inc. Hw1mr-A060 10.00-18 s/n 08877 © 2016 HydroU Type 111 24 hr 1-YEAR Rainfall=3.73" Printed 12/15/2016 Solutions Summary for Pond 6P: POND 1 Inflow Area = 857,174 sf, 70.58% Impervious, Inflow Depth = 2.48" for 1-YEAR event Inflow = 58.78 cfs @ 12.07 hrs, Volume= 177,103 cf Outflow = 0.94 cfs @ 19.45 hrs, Volume= 171,057 cf, Atten= 98%, Lag= 442.3 min Primary = 0.00 cfs @ 0.00 hrs, Volume= 0 cf Secondary = 0.94 cfs @ 19.45 hrs, Volume= 171,057 cf Routing by Dyn-Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Peak Elev= 22.77' @ 19.45 hrs Surf.Area= 65,914 sf Storage= 139,098 cf Plug -Flow detention time= 1,788.6 min calculated for 171,043 cf (97% of inflow) Center -of -Mass det. time= 1,769.2 min ( 2,577.2 - 808.0 ) Volume Invert Avail Storage Storage Description #1 20.50' 393,899 cf Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 20.50 56,660 0 0 21.00 58,675 28,834 28,834 22.00 62,740 60,708 89,541 23.00 66,860 64,800 154,341 24.00 71,040 68,950 223,291 25.00 75,275 73,158 296,449 26.00 79,570 77,423 373,871 26.25 80,650 20,028 393,899 Device Routing Invert Outlet Devices #1 Primary 19.50' 36.0" Round RCP -Round 36" X 2.00 L= 45.0' RCP, square edge headwall, Ke= 0.500 Inlet / Outlet Invert= 19.50' / 19.50' S= 0.0000 '/' Cc= 0.900 n= 0.013, Flow Area= 7.07 sf #2 Secondary 20.50' 5.0" Vert. Low Flow Orifice C= 0.600 #3 Device 1 23.00' 66.0" W x 19.2" H Vert. Primary Spillway C= 0.600 #4 Device 1 24.60' 24.0" x 96.0" Horiz. Top of Box C= 0.600 Limited to weir flow at low heads #5 Primary 24.70' Emergency Spillway, C= 2.60 Offset (feet) 0.00 3.75 83.75 87.50 Height (feet) 1.25 0.00 0.00 1.25 '"?g! E �1 r Primary OutFlow Max=0.00 cfs @ 0.00 hrs HW=20.50' (Free Discharge) - DEC 5 2016 R CP Round 36" (Passes 0.00 cfs of 7.54 cfs potential flow) Ft Spillway ( Controls 0.00 cfs) BY, =Top of Box ( Controls 0.00 cfs) 5=Emergency Spillway ( Controls 0.00 cfs) Secondary OutFlow Max=0.94 cfs @ 19.45 hrs HW=22.77' TW=20.65' (Dynamic Tailwater) L2=Low Flow Orifice (Orifice Controls 0.94 cfs @ 6.91 fps) OiB Prepared by Paramounte Engineering, Inc. HvdroCAD® 10,00-18 s/n 08877 © 2016 HvdroCi Type 1/12447r 1-YEAR Rainfall=3. 73" Printed 12/15/2016 Solutions LLC Pond 6P: POND 1 Hydrograph I I I inflow Area=857,174 sf Inflow-58.98 cfs 12.07 hrs 60 ' 1 _ 1 _ _ _ _I_ _ _ .. ._ _ _ _ _ L _ , � �utf�oin�0�4 cfs � 1�A6 hrs Priinary-0.00 cN @ 0.00 hrs ' econ ate/--0-p4 cfs 19 hrs 50 I Peak Elev-22.77' 9torage=139AS cf T ^p^ 40 � r 3 -' - '- -- --- I --- ,---- - O 1 1 1 i 20 - I I I 10 I 0 , 0 10 20 30 40 50 60 70 80 90 1601 i 0 120 Time (hours) DEC 15 2016 i3Y: ® Inflow ❑ Outflow ❑ Primary ❑ Secondary 0I13 Type III 24-hr 1-YEAR Rainfall=3.73" Prepared by Paramounte Engineering, Inc. Printed 12/15/2016 HydroCAD® 10 00-18 s/n 08877 © 2016 HvdroCAD Software Solutions LLC Page 6 Summary for Pond 7P: INFILT BASIN Inflow = 0.94 cfs @ 19.45 hrs, Volume= 171,057 cf Outflow = 0.93 cfs @ 23.41 hrs, Volume= 171,052 cf, Atten= 1%, Lag= 238.2 min Discarded = 0.93 cfs @ 23.41 hrs, Volume= 171,052 cf Primary = 0.00 cfs @ 0.00 hrs, Volume= 0 cf Routing by Dyn-Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Peak Elev= 20.67' @ 23.41 hrs Surf.Area= 9,626 sf Storage= 1,583 cf Plug -Flow detention time= (not calculated: outflow precedes inflow) Center -of -Mass det. time= 9.6 min ( 2,586.8 - 2,577.2 ) Volume Invert Avail Storage Storage Description #1 20.50' 27,299 cf Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 20.50 9,435 0 0 21.00 10,010 4,861 4,861 22.00 11,205 10,608 15,469 23.00 12,455 11,830 27,299 Device Routing Invert Outlet Devices #1 Discarded 20.50' 3.500 in/hr Exfiltration over Surface area from 20.49' - 20.51' Conductivity to Groundwater Elevation = 19.75' Excluded Surface area = 0 sf #2 Primary 22.50' Emergency Spillway, C= 2.60 Offset (feet) 0.00 1.50 11.50 13.00 Height (feet) 0.50 0.00 0.00 0.50 L)Iscarded OutFlow Max=0.93 cfs @ 23.41 hrs HW=20.67' (Free Discharge) 1=Exfiltration ( Controls 0.93 cfs) Zrimary OutFlow Max=0.00 cfs @ 0.00 hrs HW=20.50' (Free Discharge) 2=Emergency Spillway ( Controls 0.00 cfs) � ' 1 DEC 15 2016 8Y: - 01113 Prepared by Paramounte Engineering, Inc. HvdroCADO 10.00-18 s/n 08877 © 2016 HvdroC) Type 11124-hr 1-YE4R RainfalV-3. 73" Printed 12/15/2016 Pond 7P: INFILT BASIN Hydrograph Inflo*=0.94 cfs Q 19.4$ hrs Qutflovj--0Aj cfs @ 23.41 hrs DIsparde0=014 cfs Q 23.41 hrs Prima�y=0.90 cfs Q 0.09 hrs Peak Elev=20.67' Storage=1,583 cf v � 3 0 0 10 20 30 40 50 60 70 80 90 100 110 120 Time (hours) ■ Inflow ❑ OutflOW ■ Discarded ❑ Primary DEC 15 2016 t� BY. plB Type /// 2447r 9-YEAR Rainfall=3.73" Prepared by Paramounte Engineering, Inc. Printed 12/15/2016 HydroCAD® 10 00-18 s/n 08877 © 2016 HydroCAD Software Solutions LLC Paoe 8 Summary for Pond 8P: Infil Basin 2 Inflow Area = 84,027 sf, 46.60% Impervious, Inflow Depth = 0.93" for 1-YEAR event Inflow = 1.92 cfs @ 12.09 hrs, Volume= 6,500 cf Outflow = 0.23 cfs @ 13.17 hrs, Volume= 6,502 cf, Atten= 88%, Lag= 65.0 min Discarded = 0.23 cfs @ 13.17 hrs, Volume= 6,502 cf Primary = 0.00 cfs @ 0.00 hrs, Volume= 0 cf Routing by Dyn-Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Peak Elev= 21.45' @ 13.17 hrs Surf.Area= 4,735 sf Storage= 2,063 cf Plug -Flow detention time= (not calculated: outflow precedes inflow) Center -of -Mass det. time= 83.2 min ( 960.4 - 877.2 ) Volume Invert Avail.Storage Storage Description #1 21.00' 16,985 cf Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 21.00 3,140 0 0 21.01 4,380 38 38 22.00 5,170 4,727 4,765 23.00 6,015 5,593 10,357 24.00 7,240 6,628 16,985 Device Routing Invert Outlet Devices #1 Discarded 21.00' 2.000 in/hr Exfiltration over Surface area from 20.99' - 21.01, Conductivity to Groundwater Elevation = 17.75' Excluded Surface area = 0 sf #2 Primary 23.30' 50.0' long x 5.0' breadth Emergency Spillway Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5.50 Coef. (English) 2.34 2.50 2.70 2.68 2.68 2.66 2.65 2.65. 2.65 2.65 2.67 2.66 2.68 2.70 2.74 2.79 2.88 Qiscarded OutFlow Max=0.23 cfs @ 13.17 hrs HW=21.45' (Free Discharge) 1=ExflItration ( Controls 0.23 cfs) Primary OutFlow Max=0.00 cfs @ 0.00 hrs HW=21.00' (Free Discharge) t2=Emergency Spillway ( Controls 0.00 cfs) DEC 5 2016 ' 8Y' OIB Type M 24-hr 1-YE4R Rainfalr3.73" Prepared by Paramounte Engineering, Inc. Printed 12/15/2016 HydroCAD® 10.00-18 s/n 08877 © 2016 HydroCAD Software Solutions LLC Page 9 Pond 8P: Infil Basin 2 Hydrograph I I I 0 Inflow Inflow Are4=84,027 sf ❑ OLitfIOW 2 Inflo*=1.94 cfs @ 12.0� hrs 0 Discarded Qutflov�r=0.24 afs Q 13.1T hrs Dispardeo=0.21 cfs Q 13.17 hrs ❑Primary Prima ry=0.Q0 cfs @ 0.Q0 hrs i Peak Elev=24.45' I � � , �. I I I --- �-----;---- -------;---- itorage=2,063zf_ 0 i I I I I 0 10 20 30 40 50 60 70 80 90 100 110 120 Time (hours) DEC 15 2016 BY: OIg Type /// 2447r 10-YEAR Rainfall=7.00" Prepared by Paramounte Engineering, Inc. Printed 12/15/2016 HydroCAD® 10 00-18 s/n 08877 © 2016 HydroCAD Software Solutions LLC Page 10 Summary for Subcatchment 4S: POST (OUTFALL A) Runoff = 127.88 cfs @ 12.07 hrs, Volume= 399,547 cf, Depth= 5.59" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Type III 24-hr 10-YEAR Rainfall=7.00" Area (ac) CN Description * 13.889 98 Paved parking * 1.358 98 Water Surface, 0% imp 2.659 39 >75% Grass cover, Good, HSG A 1.772 80 >75% Grass cover, Good, HSG D 19.678 88 Weighted Average 5.789 29.42% Pervious Area 13.889 70.58% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, ,1 1 11 04 :1 Subcatchment 4S: POST (OUTFALL A) Hydrograph ----;----,---- �---- �-----,----..,----- ©Runoff -- - -P�unoff=127A8&cfs coi 12AT hrs - TVpe III g4-hr Runoff Area=19.6f8 ac Rupoff Volume=399,5,47 cf Runoff D'Opth=5.59" Tc=5.0 min 1 ry— , .a 01 1 - - i i - 1 01. 0 10 20 30 40 50 60 70 80 90 100 110 120 Time (hours) 15 20% 6Y: OIB Prepared by Paramounte Engineering, Inc. HydroCADS 10.00-18 s/n 08877 © 2016 HvdroC/ Type III 24-hr 10-YEAR Rainfall=7.00" Printed 12/15/2016 Summary for Subcatchment 5S: POST (Road Ext) Runoff = 7.46 cfs cQ 12.08 hrs, Volume= 22,438 cf, Depth= 3.20" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Type III 24-hr 10-YEAR Rainfall=7.00" Area (ac) CN Description 0.899 98 Paved parking, HSG A 1.030 39 >75% Grass cover, Good, HSG A 1.929 66 Weighted Average 1.030 53.40% Pervious Area 0.899 46.60% Impervious Area Tc Length Slope Velocity Capacity Description in) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Subcatchment 5S: POST (Road Ext) Hydrograph 8 - - - -Runoff=7.46,cfs-g 12.04 #era 7 1 � Ty0e III 24-hr 6 - - - -;- 10;=YEAk-RaloalP- .00"- Runoff Ared=1.929 ac 5 Runoff Volume=22,4i38 cf RNnbff ®elpth=.29_'_ 4 'Vc=5.d min °U. ----------- CI4=66- --- - 0 10 20 30 40 50 60 70 80 90 100 110 120 Time (hours) 'i DEC 15 2016 © Runoff 01113 Type 111 24 hr 10-YEAR Rainfall=7.00" Prepared by Paramounte Engineering, Inc. Printed 12/1512016 HydroCAD® 10 00-18 s/n 08877 © 2016 HydroCAD Software Solutions LLC Page 12 Summary for Pond 6P: POND 1 Inflow Area = 857,174 sf, 70.58% Impervious, Inflow Depth = 5.59" for 10-YEAR event Inflow = 127.88 cfs @ 12.07 hrs, Volume= 399,547 cf Outflow = 19.62 cfs @ 12.55 hrs, Volume= 392,668 cf, Atten= 85%, Lag= 28.4 min Primary = 18.42 cfs @ 12.55 hrs, Volume= 188,484 cf Secondary = 1.20 cfs @ 12.55 hrs, Volume= 204,184 cf Routing by Dyn-Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Peak Elev= 24.03' @ 12.55 hrs Surf.Area= 71,162 sf Storage= 225,332 cf Plug -Flow detention time= 1,016.7 min calculated for 392,668 cf (98% of inflow) Center -of -Mass det. time= 1,006.0 min ( 1,791.4 - 785.4) Volume Invert Avail.Storage Storage Description #1 20.50' 393,899 cf Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 20.50 56,660 0 0 21.00 58,675 28,834 28,834 22.00 62,740 60,708 89,541 23.00 66,860 64,800 154,341 24.00 71,040 68,950 223,291 25.00 75,275 73,158 296,449 26.00 79,570 77,423 373,871 26.25 80,650 20,028 393,899 Device Routing Invert Outlet Devices #1 Primary 19.50' 36.0" Round RCP -Round 36" X 2.00 L= 45.0' RCP, square edge headwall, Ke= 0.500 Inlet / Outlet Invert= 19.50' / 19.50' S= 0.0000 T Cc= 0.900 n= 0.013, Flow Area= 7.07 sf #2 Secondary 20.50' 5.0" Vert. Low Flow Orifice C= 0.600 #3 Device 1 23.00' 66.0" W x 19.2" H Vert. Primary Spillway C= 0.600 #4 Device 1 24.60' 24.0" x 96.0" Horiz. Top of Box C= 0.600 Limited to weir flow at low heads #5 Primary 24.70' Emergency Spillway, C= 2.60 Offset (feet) 0.00 3.75 83.75 87.50 Height (feet) 1.25 0.00 0.00 1.25 r ' Primary OutFlow Max=18.42 cfs @ 12.55 hrs HW=24.03' (Free Discharge) DEC 5 20116 t:=RCP_Round 36" (Passes 18.42 cfs of 103.78 cfs potential flow) 3=Primary Spillway (Orifice Controls 18.42 cfs @ 3.26 fps) =Top of Box ( Controls 0.00 cfs) 8y' 5=Emergency Spillway ( Controls 0.00 cfs) tecondary OutFlow Max=1.20 cfs @ 12.55 hrs HW=24.03' TW=20.57' (Dynamic Tailwater) =Low Flow Orifice (Orifice Controls 1.20 cfs @ 8.77 fps) OIB Prepared by Paramounte Engineering, Inc. HydroCAD® 10.00-18 s/n 08877 © 2016 HvdroC) Type 11124-hr 10-YEAR RainfalN7.00" Printed 12/15/2016 Pond 6P: POND 1 Hydrograph Inflow 140 ` - - - - - -1- - - - T - - - - - = - - - - - - - - 1nf[o*-Area`-�57,1,74sf- �I Outflow Inflow-127.88 cfs 12.07 hrs r ! outflow-19.62 deI� 12.56 hrs CI Primary 120;Pflma"- 11.42 Ofs'@ 12.5� firs ` U Secondary ' ! S!econd0ry--1.?0 cfs Q 12.5p I.- 100 Pl '' %- ----'----- - ----'- ----------!Peakew-2UT- ` Storager225,�32 cf ~ v 80 i 3--- - _L___1_ _I_ L 60 40 I v 0 10 20 30 40 50 60 70 80 90 100110120 Time (hours) ��+j �•."''�,�r ,i • is � � ; tkN •, ' DEC 15 2016� BY._— ` J OIB Type III 24 hr 10-YEAR Rainfall=7.00" Prepared by Paramounte Engineering, Inc. Printed 12/15/2016 HydroCAD® 10 00-18 s/n 08877 © 2016 HydroCAD Software Solutions LLC Page 14 Summary for Pond 7P: INFILT BASIN Inflow = 1.20 cfs @ 12.55 hrs, Volume= 204,184 cf Outflow = 1.04 cfs @ 17.39 hrs, Volume= 204,179 cf, Atten= 13%, Lag= 290.7 min Discarded = 1.04 cfs @ 17.39 hrs, Volume= 204,179 cf Primary = 0.00 cfs @ 0.00 hrs, Volume= 0 cf Routing by Dyn-Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Peak Elev= 20.77' @ 17.39 hrs Surf.Area= 9,747 sf Storage= 2,600 cf Plug -Flow detention time= (not calculated: outflow precedes inflow) Center -of -Mass det. time= 16.5 min (2,633.6 - 2,617.1 ) Volume Invert Avail.Storage Storage Description #1 20.50' 27,299 cf Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 20.50 9,435 0 0 21.00 10,010 4,861 4,861 22.00 11,205 10,608 15,469 23.00 12,455 11,830 27,299 Device Routing Invert Outlet Devices #1 Discarded 20.50' 3.500 in/hr EAltration over Surface area from 20.49' - 20.51' Conductivity to Groundwater Elevation = 19.75' Excluded Surface area = 0 sf #2 Primary 22.50' Emergency Spillway, C= 2.60 Offset (feet) 0.00 1.50 11.50 13.00 Height (feet) 0.50 0.00 0.00 0.50 Discarded OutFlow Max=1.04 cfs @ 17.39 hrs HW=20.77' (Free Discharge) t1=Exfiltration ( Controls 1.04 cfs) Primary OutFlow Max=0.00 cfs @ 0.00 hrs HW=20.50' (Free Discharge) t2=Emergency Spillway ( Controls 0.00 cfs) S 20i� D'EC 1 Bv: OIB Type ill 24-hr 10-YE4R Rainfa1N7.00" Prepared by Paramounte Engineering, Inc. Printed 12/15/2016 HydroCAM 10.00-18 s/n 08877 © 2016 HydroCAD Software Solutions LLC Pane IS Pond 7P: INFILT BASIN Hydrograph ■ Inflow inflovk=1.20 ds (c 12.56 hrs ❑ Outflow Qutflovjr=1.04 ds @ 17.39 hrs ■ Discarded IIlioardeo=1.04 cfs a 17.3$ hrs ;Primary-0.Q0 ds Q 0.09 hrs Primary 1 Peak Elev=20.77' Storage=2,600 d vi i i 3 0 LL i i 0` 0 10 20 30 40 .50 60 70 80 90 100 110 120 Time (hours) ,�. t DEC 15 2016 �d Bv: OIB Type 111 24-hr 10-YEAR Rainfall=7.00" Prepared by Paramounte Engineering, Inc. Printed 12/15/2016 HydroCAD®10 00-18 s/n 08877 © 2016 HydroCAD Software Solutions LLC Pape 16 Summary for Pond 8P: Infil Basin 2 Inflow Area = 84,027 sf, 46.60% Impervious, Inflow Depth = 3.20" for 10-YEAR event Inflow = 7.46 cfs @ 12.08 hrs, Volume= 22,438 cf Outflow = 0.34 cfs @ 15.38 hrs, Volume= 22,441 cf, Atten= 95%, Lag= 198.1 min Discarded = 0.34 cfs @ 15.38 hrs, Volume= 22,441 cf Primary = 0.00 cfs @ 0.00 hrs, Volume= 0 cf Routing by Dyn-Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Peak Elev= 23.28' @ 15.38 hrs Surf.Area= 6,353 sf Storage= 12,065 cf Plug -Flow detention time= (not calculated: outflow precedes inflow) Center -of -Mass det. time= 399.2 min ( 1,238.0 - 838.8 ) Volume Invert Avail Storage Storage Description #1 21.00' 16,985 cf Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (sq-ft) (cubic -feet) (cubic -feet) 3 �U3S7 (feet) ' 3 LrZ 21.00 3,140 0 0 23.3 x 21.01 4,380 38 38 2+ /(saw 22.00 5,170 4,727 4,765 23.00 6,015 5,593 10,357 �� 24.00 7,240 6,628 16,985�-`- ,3 : 88 IqX: I234S Device Routing Invert Outlet Devices #1 Discarded 21.00' 2.000 in/hr Exfiltration over Surface area from 20.99' - 21.01' Conductivity to Groundwater Elevation = 17.75' Excluded Surface area = 0 sf #2 Primary 23.30' 50.0' long x 5.0' breadth Emergency Spillway Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5.50 Coef. (English) 2.34 2.50 2.70 2.68 2.68 2.66 2.65 2.65 2.65 2.65 2.67 2.66 2.68 2.70 2.74 2.79 2.88 4iscarded OutFlow Max=0.34 cfs @ 15.38 hrs HW=23.28' (Free Discharge) L1=Exfiltration ( Controls 0.34 cfs) Zrimary OutFlow Max=0.00 cfs @ 0.00 hrs HW=21.00' (Free Discharge) 2=Emergency Spillway ( Controls 0.00 cfs) DEC 15 2016 OIB Type 1I124-hr 90-YEAR Rainfall=7.00" Prepared by Paramounte Engineering, Inc. Printed 12/15/2016 HydroCAD®10.00-18 s/n 08877 ©2016 HydroCAD Software Solutions LLC Pans_ 17 Pond 8P: Infil Basin 2 Hydrograph ' InfloAre=84,027 - r ,.I----r---I- - - - s# -r r 8 ; ; Inflo*--7.4$ cfs @ 12.0$ hrs -; ------;----; --- ;---QutfJovy- .34ds-Q- .3$hn3 % --- - ------------L--- Dispardeo=0.34 cfs Q 15.3$ hrs 6 j----Primary=0.00cfs-,90.00ws Peak Elev-2C 28' 1 1 - Stor-age=42,a65 c# 5 ; 3 4 o--- - - -- - -- ' - --- 3 2 'l 0 10 20 30 40 50 50 70 80 90 100 110 120 Time (hours) DEC 15 2016 ■ Inflow 0 Outflow ■ Discarded ® Primary STORMWATER CALCULATIONS INFILTRATION BASIN #2 w 0 F--q z Z r y 0-9 d .AA z f) C fA fL1 M a Y W W a co f6 ` � m_ O W C-4 N >, w 7 m Z Z N C 0 C• Qj fu ' �. U a Q � L C = O \ fLl H W �MMLn� w N O n O C fu ►f C II fli m G II 0 J 2 L C II II N O c c a O (u }I a.d fa Er 3 M -� z aU En T3 (L), 4� u :� O 3 an E fU O Ln (U L 0 r-I 7 fn 0 (� L ad mc C 'L �a C QQo 9 W fin M MtOMOW%O0N 01OR 'ta "MGM �O O V tDNN%D 7-1 d II II E fU E 'O II .a I(N -rrs II II > 2 N II E , a 0 fU .� a E O (n II O V) v' L II O > 3 O f0 N L C `� fU O p•� 'O � O ++Q Q fn 3 E 7 C o (Da" 3' f0 2U� to =_�o= U Ln uaaQ e3m�att- r-I2Eo� 1-0-0fG L C ® fu w a� E O c & 2 ulA Eo fr�a>win DEC 15 2016 BY:. w j � rn U J 7 ^ 0 N M ON w f0 Q 0 ll u d. 0 ri O W It O O w Ln M 00 O U J:30NU)ko MN Z O f1 . 14 >l-1 v Ln %D f1� O Z 0 0 o Ln o fbN�qqt MriON qt Ln %D N 0000 00oo rINM'i N N N N PO T #2 5P Infil Basin 2 Su4 Reach on Link OIB -1B2 Prepared by Paramounte Engineering, Inc. HvdroCAD®10.00-18 s/n 08877 © 2016 HvdmCi Type 11124-hr 10-YEAR Rainfall=7.00" Printed 12/6/2016 Summary for Subcatchment 4S: POST #2 Runoff = 7.46 cfs @ 12.08 hrs, Volume= 22,438 cf, Depth= 3.20" Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Type III 24-hr 10-YEAR Rainfall=7.00" Area (ac) CN Description 0.899 98 Paved parking, HSG A 1.030 39 >75% Grass cover, Good, HSG A 1.929 66 Weighted Average 1.030 53.40% Pervious Area 0.899 46.60% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 5.0 Direct Entry, Subcatchment 4S: POST #2 Hydrograph 8 - Runoff 7 - - - --Nunoff=7.-46 tfs-g12-0$ -hrs- Type III 24-hr 6 ' - - - -; - - - - - - - - --10;=YF�►1� rtta irsfal h='TAD"- Runoff Area=1.929 ac 5 Runoff Volume=22,438 cf a - - - -- - -- ---- ---- Ran6-ff-DOOlr-4.207 4 rtc=5.d min p 1 LL 3 ----' _ --- - - CN=66- 0 10 20 30 40 50 60 70 80 90 100 110 120 Time (hours) OIB - IB2 Type III 24-hr 10-YEAR Rainfall=7.00" Prepared by Paramounte Engineering, Inc. Printed 12/6/2016 16 Summary for Pond 5P: Infil Basin 2 Inflow Area = 84,027 sf, 46.60% Impervious, Inflow Depth = 3.20" for 10-YEAR event Inflow = 7.46 cfs @ 12.08 hrs, Volume= 22,438 cf Outflow = 0.44 cfs @ 14.51 hrs, Volume= 22,439 cf, Atten= 94%, Lag= 146.0 min Discarded = 0.44 cfs @ 14.51 hrs, Volume= 22,439 cf Routing by Dyn-Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Peak Elev= 23.12' @ 14.51 hrs Surf.Area= 6,168 sf Storage= 11,117 cf Plug -Flow detention time= (not calculated: outflow precedes inflow) Center -of -Mass det. time= 304.0 min ( 1,142.8 - 838.8 ) Volume Invert Avail.Storage Storage Description #1 21.00' 16,985 cf Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area inc.Sture Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 21.00 3,140 0 0 21.01 4,380 38 38 22.00 5,170 4,727 4,7165 23.00 6,015 5,593 10,357 24.00 7,240 6,628 16,985 Device Routing Invert Outlet Devices #1 Discarded 21.00' 2.000 in/hr Exfiltration over Surface area Conductivity to Groundwater Elevation = 17.75' 4iscarded Outflow Max=0.44 cfs @ 14.51 hrs HW=23.12' (Free Discharge) 1=Exfiltration ( Controls 0.44 cfs) OIB - I132 Type Ill 24-hr 10-YEAR Rainfall=7.00" Prepared by Paramounte Engineering, Inc. Printed 12/6/2016 HydroCAD® 10.00-18 s/n 08877 © 2016 HydroCAD Software Solutions LLC Page 4 3 0 M Pond 5P: Infil Basin 2 Hydrograph 0 10 20 30 40 50 60 70 80 90 100 110 120 Time (hours) Inflow i=l Discarded SOILS REPORT (BY OTHERS) LMG LAND MANAGEMENT GROUP mc. Environmental Consultants February 5, 2016 Tim Clinkscales, PE Paramounte Engineering, Inc. 5911 Oleander Drive, Suite 201 Wilmington, NC 28403 Reference: Stormwater infiltration study for the proposed stormwater BMP areas for the Ocean Isle Beach Publix, Ocean Isle Beach, NC. Tim: On Tuesday February 2.2016 Land Management Group, Inc. evaluated the proposed stomiwater basin areas for 'ine OIB Publix site located in Ocean isle Beach, NC. The purpose of the evaluation was, to describe the soil profile, quantify the depth to the seasonal high water table (SHWT), quantify infiltration rates for the project engineer. The site boundary is shown on the Google Earth aerial in Figure One. Three, pre - selected locations for borings are shown in Figure Two. Soil boring four was added to Figure 1 Figure 2 provide additional data within the footprint of the proposed storm water BMP. Appendix A contains the soils map from NRCS. The soil profile descriptions in Appendix B show all recorded depths from the existing surface. LMG was asked to provide the infiltration rates for each boring location. The sites were evaluated at a depth that is 24 inches above the SHWT, where feasible, which is the required separation by NC DENR DWQ. The results for the borings are shown in Appendix B. All profiles have infiltration rates in excess of 0.52 in/hr. The official published description and physical and chemical data for the Leon and Wando soil series are shown in Appendix C for comparison. The seasonal high water table is normally evident by observation of redoximorphic features suggesting past conditions of saturation and reduction. There is evidence of redoximorphic features at 10 to 46" in all borings. Table two shows contemporary SHWT for each boring. In summary, this site has areas that are proposed for stormwater basin placement. These areas have soils with contemporary seasonal high water tables from 10 to 46" in all borings from the soil surface as shown in Table Two. Please do not hesitate to contact me if you have any questions with this report or if you wish for LMG to perform any additional site specific studies in accordance with the NC DENR DWQ guidance memo. If you have any questions about this report or need any additional information I may be reached at 910-452-0001, 910-620-1137 or at cturner@IM o joup.net . Sincerely, h0'4�M- ?Liot�� G. Craig Turner Vice President Land Management Group, Inc 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 910-452-0001: Office 910-452-0060: FAX 910-620-1137: Cell cturner@ lmgroup.net N.C. Licensed Soil Scientist, #1091 www.lmgroup.net �, info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Appendix A Test Area Map Cut= Reww.e REI t;r. C� :.'-jA E- Map Unit Legend Ommmck Couft, Nwth CaWma (NC** VAp Unit Symbol map MIA Ham Acres in ADD Percent of AOt Neer WO Naro;b I'le aw-d VC I Pe"Cer'. 4 opes Totals for Area of InWmwt 117.81 Appendix B Soil Profile Descriptions Ocean Isle Beach Pubiix VBLE: ON: DEPTH COLOR EWT/OWT TEXTURE STRUCTURE CONSISTENCY PLASTICITY PERMEABILITY (In/hr) 0-2 10 YR 312 3/1 8/1 loam sand si le rained friable no lastic 25 2-13 10 YR 5/3 loamy sand le rained friable non -plastic 4-6 Sal BWl 13-19 10YR 5/3 loamy sand le- rained friable non -plastic 1-1.5 Sal BW2 19-24 10 YR 6/4 8/3 6/8 19/19 loamy sand le- rained friable non -plastic 1-1.5 Sal BW3 24-39 10 YR 7/3 6/8 loamy sand si le- rained friable non -plastic 1-1.5 SB 1 CG 3452+ 1 10 YR 6/1 7/1 loamy sand single -grained friable nor -plastic 1-1.5 Boring terminated at 52" due to skmqh Physical Water. 19" on 02-2-2016 SHWT: 19" BORING # HORIZON: DEPTH COLOR EWT/OWT TEXTURE STRUCTURE CONSISTENCY PLASTICITY SB 2 Al 0-10 10Y 3/2 loamy sand/sand loam sin [e rained friable non -plastic 1-2 SB 2 BH1 10-26 10 YR 2/2 10/32 loamy sand to massive sin le- rained friable non -plastic 0.5-0.75 SB 2 BH2 26-41 10YR 412 loamy sand massive to single -grained friable non -plastic 0.5-0.75 SB 2 BH3 1 41414 1 10 YR 2/1 loamy sand massive friable non -plastic 0.5-0.75 Boring terminated at 64" Physical Water. >10" on 02-2-2016 SHWT: 10' BORING # HORIZON: DEPTH COLOR EWT/OWT TEXTURE STRUCTURE CONSISTENCY PLASTICITY SB 3 A 0-3 10 YR 411 8/1 loamy sand slnaleralned loose non -plastic 1-2 SB 3 BA 3-7 10 YR 4/4 loamy sand single -grained loose non -plastic 2-3 SB 3 BW 7-28 10YR 516 6/6 loamy sand single -grained loose non -plastic 3-4 SB 3 BW2 28-42 10YR 712 6/8 loamy sand single -grained loose non -plastic 3-4 SB 3 C 42-64 1-Apr 42/42 loamy sand single -grained loose non -plastic 23-4 Bodna terminated at 64" Physical Water. >42" on 02-2-2016 SHWT: >42" N: DEPTH COLOR EWT/OWT TEXTURE STRUCTURE CONSISTENCY PLASTICITY 05 10 YR 411 8/1 loam sand single -grained loose non -plastic 1-2 5-10 10 YR 414 loam sand sin le rained loose non lastic 2-3 LBodng 10-31 10YR 516 6/6 loam sand sin le rained loose non -plastic 3-4 31-46 10YR 7/2 6/8 loam sand single -grained loose non lastic 3-4 46-63 1-Apr 46146 loam sand single -grained loose non -plastic 23-4 minatedat63" iral Water. >46" on 02-2-2016 SHWT:>46" TABLE THREE BORING 0 LAT LON 1 33 5415.72 -78 2614.61 2 33 5418.25 -78 26 12.55 3 33 54 15.15 -78 26 10.43 4 33 54'14.84 -78 26 16.25 Appendix C Published Description and Chemical and Physical Properties Of the Leon and Wando Soil Series LOCATION LEON FL+AL GA MD MS NC SC VA Established Series Rev. AGH, GWH, DL, JNS; GRB 03/2014 LEON SERIES The Leon series consists of very deep, very poorly and poorly drained, moderately rapid to moderately slowly permeable soils on upland flats, depressions, stream terraces and tidal areas. They formed in sandy marine sediments of the Eastern Gulf Coast Flatwoods (MLRA 152A), the Atlantic Coast Flatwoods (MLRA 153A) and to a lesser extent in the Southern Coastal Plain (MLRA 133A) and the North-Central Florida Ridge (MLRA 138). Near the type location, the mean annual temperature is about 68 degrees F., and the mean annual precipitation is about 65 inches. Slopes range from 0 to 5 percent. TAXONOMIC CLASS: Sandy, siliceous, thermic Aeric Alaquods TYPICAL PEDON: Leon sand, in a forested area (Colors are for moist soil). A--O to 4 inches; 70 percent black (IOYR 2/1) and 30 percent light gray (IOYR 7/1) sand; weak fine granular structure; very friable; many fine, medium, and large roots; many clean sand grains give a salt -and -pepper appearance; very strongly acid; clear smooth boundary. (2 to 9 inches thick) Egl--4 to 10 inches; gray (IOYR 6/1) sand; common medium faint very dark gray (IOYR 3/1) streaks and splotches of organic matter accumulations deposited in former root channels and krotovinas, ranging from about 20 percent in upper part to 0 percent in lower part; single grain; loose; many fine, medium, and large roots; very strongly acid; clear wavy boundary. Eg2--10 to 15 inches; gray (1OYR 6/1) sand; 20 percent faint light gray (1OYR 7/1) oval splotches of organic matter depletions; single grain; loose; few fine and medium roots; very strongly acid; abrupt smooth boundary. (Combined thickness of the Eg horizons range from 2 to 22 inches) Bhl--15 to 18 inches; 50 percent dark brown (7.5YR 3/3) and 50 percent black (7.5YR 2.5/1) sand; weak medium and coarse subangular blocky structure; firm; common fine and medium roots; many fine and medium pores; more than 95 percent of sand grains have organic coatings; extremely acid; clear smooth boundary. Bh2--18 to 22 inches; dark brown (7.5YR 3/4) sand; weak medium and coarse subangular blocky structure; firm; few fine and medium roots; common fine and medium pores; more than 95 percent of sand grains have organic coatings; extremely acid; clear wavy boundary. (Combined thickness of the Bh horizons ranges from 4 to 50 inches) Bw and Bh--22 to 25 inches; 80 percent (Bw) dark yellowish brown (10YR 4/4) and 20 percent (Bh) dark brown (1 OYR 3/3) sand; very weak medium and coarse subangular blocky structure; very friable; common fine and medium pores; very strongly acid; clear wavy boundary. (0 to 15 inches thick) Eg and Bh--25 to 30 inches; 95 percent (Eg) weak red (2.5YR 5/2) and 5 percent (Bh) dark brown (7.5YR 3/3) sand; single grain; loose; common fine and medium pores; very strongly acid; diffuse irregular boundary. (0 to 10 inches thick) E'g--30 to 42 inches; pinkish gray (7.5YR 7/2) sand; single grain; loose; very strongly acid; clear wavy boundary. (0 to 36 inches thick) B'h--42 to 77 inches; 50 percent very dark brown (10YR 2/2) and 50 percent dark yellowish brown (1 OYR 3/4) sand; weak medium and coarse subangular blocky structure; friable; common fine and medium pores; very strongly acid; clear wavy boundary. (0 to 50 inches thick) B'w and B'h--77 to 108 inches; 60 percent (Bw) brown (I OYR 4/3), 40 percent Bh of very dark brown (1 OYR 2/2) and very dark grayish brown (1 OYR 3/2) sand; very weak medium and coarse subangular blocky structure; very friable; common fine and medium pores; very strongly acid. TYPE LOCATION: Bay County, Florida. USGS Panama City Beach topographic quadrangle. Approximately 1.2 miles north of U.S. Highway 98, about 2.7 miles south of West Bay in Panama City Beach, Florida. SW 1/4, Sec. 20; T. 3 S., R. 15 W. 30 degrees 12.0 minutes 19.9 seconds N.; 85 degrees 46.0 minutes 20.4 seconds W. RANGE IN CHARACTERISTICS: The Bh horizon is within 30 inches of the soil surface. Reaction ranges from extremely acid to slightly acid throughout. In tidal areas, the soil reaction ranges from very strongly acid to moderately alkaline throughout. The A or Ap horizon has hue of 7.5YR or 1 OYR, value of 2 to 4, and chroma of 1 or 2; or is neutral with value of 2 to 4. When dry, this horizon has a salt -and -pepper appearance due to mixing of organic matter and sand grains. A thin O horizon of muck is present in some pedons. Texture is sand, fine sand, mucky fine sand, or mucky sand. The E horizon, where present, has hue of 7.5YR to 2.5Y, value of 4 to 8, and chroma of 3 to 4; or is neutral with value of 5 to 8. Streaks and splotches of organically enriched material in shades of black to gray range from common to many. Texture is sand or fine sand. The Eg or E'g horizons, where present, have hue of 7.5YR to 2.5Y, value of 4 to 8, and chrorna of 1 to 3. Redoximorphic features of oval faint splotches (depletions) range from none to many. Streaks and masses of organic matter accumulation (Bh material) in shades of black to brown range from none to common. Texture is sand or fine sand. A transitional horizon may be present between the lower E horizon and the Bhl horizon. Where present, it has hue of 1 OYR or 2.5Y, value of 2 to 5, and chroma of 1 to 4. Thickness ranges from 0.5 to 7.0 inches. Texture is sand or fine sand. The Bh horizon has hue of 5YR to 1 OYR, value of 2 to 6, and chroma of 1 to 4; or is neutral with value of 2 to 4. This horizon burns white on ignition. Texture is sand, fine sand, loamy sand or loamy fine sand. The Bw horizon, where present, has hue of 5YR to 1 OYR, value of 2 to 6, and chroma of 1 to 4; or is neutral with value of 1 to 5. Streaks and masses of organic matter accumulation (Bh material) in shades of black to brown range from none to common. Texture is sand or fine sand. B'h, B"h. B"'h horizons, where present, have similar colors and textures as the Bh horizon but occurs below the BE, E', E" and E"' horizons. The C horizon, where present, has hue of 7.5YR to 2.5Y, value of 4 to 8, and chroma of 1 to 6. Texture is sand or fine sand. COMPETING SERIES: The Tal uin and Witherbee series are the only known series in the same family. They are on similar to slightly higher positions. In addition, Talquin soils have a spodic horizon less than 6 inches in thickness and the somewhat poorly drained Witherbee soils have less than 0.06 organic carbon in the upper 12 inches of the spodic horizon. GEOGRAPHIC SETTING: Leon soils are on upland flats, depressions, stream terraces and tidal marshes of the lower Atlantic and Gulf Coastal Plain. They formed in thick beds of acid sandy marine sediments. The climate is humid subtropical. Slopes range from 0 to 5 percent. The average annual temperature ranges from 66 to 70 degrees F ., and the average annual precipitation ranges from 61 to 69 inches at the sample location. GEOGRAPHICALLY ASSOCIATED SOILS: These include the Allanton, Chaires, Chipley, Croatan, Dorovan, Foxworth, Hurricane, Kershaw, Kureb, Lakeland, Haven, Mandarin, Mascotte. Olustec, Orte a, Osier, Pactolus, Pamlico, Panteao, Pickney, Plummer, Portsmouth, Pottsbura, Resota, Ridgeland, Ridgewood, Rutlege, Sapelo, Scranton, Surrencv and Wesconnett series. Allanton, Hurricane and Pottsburg soils have a spodic horizon at depths greater than 50 inches. In addition, Allanton soils are on lower positions and have umbric epipedons, Hurricane soils are somewhat poorly drained and on higher positions and Pottsburg soils are somewhat poorly to poorly drained and on similar to slightly higher positions. Chaires, Mascotte, Olustee and Sapelo soils are on similar positions but are underlain by argillic horizons under the Bh horizon. Chipley, Foxworth, Kershaw, Lakeland, Ortega and Ridgewood soils are on higher positions and lack spodic horizons. In addition, Chipley and Ridgewood soils are somewhat poorly drained, Foxworth soils are moderately well drained to excessively drained, Kershaw, Kureb and Lakeland soils are excessively drained and Ortega soils are moderately well drained. The very poorly drained Croatan, Dorovan and Pamlico soils are on lower positions and are organic. Lynn Haven soils are on similar positions but have an umbric epipedon. The somewhat poorly drained Mandarin soils are on higher positions. Osier. soils are on flood plains and lack spodic horizons. The somewhat poorly to moderately well drained Pactolus soils are on higher positions and lack spodic horizons. The very poorly drained Pantego, Pickney, Portsmouth, Rutlege and Surrency soils are on lower positions and lack spodic horizons. In addition, Pantego, Pickney, Rutlege and Surrency soils have umbric epipedons. Plummer soils are on similar to lower positions and are grossarenic. Ridgeland and Wesconnett soils and lack E horizons between the A and Bh horizons. In addition, Ridgeland soils are on slightly higher positions and are somewhat poorly drained while Wesconnett soils are in lower depressional areas and are very poorly drained. The moderately well drained Resota soils are in higher positions and have weakly expressed spodic horizons. The poorly drained Scranton soils are on similar to slighter higher positions and lack spodic horizons. DRAINAGE AND PERMEABILITY: Poorly drained and very poorly drained; moderate to moderately rapid permeability in the A and E horizons, moderate to moderately slow permeability in the Bh horizons, and rapidly permeable in the other layers. USE AND VEGETATION: Most areas of Leon soils are used for forestry, rangeland and pasture. Areas with adequate water control are used for cropland and vegetables. The natural vegetation consists of longleaf pine, slash pine, water oak, myrtle, with a thick undergrowth of sawpalmetto, running oak, fetterbush and other lyionia, inkberry (gallberry), wax myrtle, goldenrod, ligustrina, dog fennel, chalky bluestem, lowbush blueberry, creeping bluestem and pineland threeawn (wiregrass). In depressions, the vegetation is dominated by brackenfern, smooth sumac and swamp cyrilla are common. Vegetation in the tidal marshes includes bushy seaoxeye, marshhay cordgrass, seashore saltgrass, batis, and smooth cordgrass. DISTRIBUTION AND EXTENT: The Atlantic and Gulf Coastal Plain from Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, Virginia and Maryland. The series is of large extent. MLRA SOIL SURVEY REGIONAL OFFICE (MO) RESPONSIBLE: Auburn, Alabama. SERIES ESTABLISHED: Leon County, Florida; 1905. REMARKS: Diagnostic horizons and features recognized in this pedon: Ochric epipedon - the zone from 0 to 15 inches (A, E and Eg horizons). Albic horizons - the zones from 4 to 15 inches (E and Eg horizons) and from 30 to 42 inches (E'g horizon). Spodic horizon within 30 inches - the zones from 15 to 22 inches (Bhl and Bh2 horizons) and from 42 inches to 77 inches (B'h horizon). Aquic conditions - endosaturation throughout. The water table is at depths of 6 to 18 inches for 1 to 4 months during most years. In low flats or sloughs it is at a depth of 0 to 6 for periods of more than 3 weeks during most years. It is between depths of 18 and 36 inches for 2 to 10 months during most years. It is below 60 inches during the dry periods of most years. Depressional areas are covered with standing water for periods of 6 months or more in most years. Leon soils are in MLRAs 133A, 138, 152A and 153A. ADDITIONAL DATA: IFAS Soil Characterization Data: S2-1-(1-9), S2-2-(1-8), S3-3- (1-5), S4-8-(1-9), S10-12-(1-7) S12-17-(1-7), S16-9-(1-7), S19-6-(1-5), S33-24-(1-7), S37-28-(1-8), S45-27-(1-7), S46-2-(1-6), S57-46-(1-6), S66-24-(1-8); samples by IFAS, University of Florida, Gainesville, FL. NSSL Soil Characterization Data: S08FL-005-1 (1-10); sample by NSSL, Lincoln, NE. Soil Name Slope Airtemp FrFr/Seas Precip Elevation LEON 0-5% 65-70F 230-310 60-69 in 8-135 ft F1oodL F1oodH Water table Kind Months Bedrock F10051 NONE 0.5-1.5 APPARENT MAR-SEP 60-60 FL0093 NONE 0 - 0.5 APPARENT FEB-SEP 60-60 FL0406 RARE COMMON 0 - 1.0 APPARENT TvLA,R-SEP 60-60 FL0501 NONE - APPARENT - 60-60 FL0508 FREQ 0 - 0.5 APPARENT JAN-DEC 60-60 Depth Texture 3-Inch No-10 Clay% -CEC- FL0051 0- 3 S FS 0- 0 100-100 1- 5 2 - 12 FL0051 3-15 S FS 0- 0.100-100 0- 3 .3- 1 FL0051 15-30 S FS LS 0- 0 100-100 2- 8 8 - 30 FL0051 30-66 S FS 0- 0 100-100 1- 4.5- 3 FL0051 66-80 0- 0 100-100 2- 8 8 - 30 FL0093 0- 4 MK-S MK-FS 0- 0 100-100 1- 6 12 - 30 FL0093 0- 4 S FS 0- 0 100-100 1- 5 2 - 12 FL0093 4-16 S FS u""- 0 i00-1000- 3 .3- 1 FL0093 16-25 S FS LS 0- 0 100-100 2- 8 8 - 30 FL0093 25-80 S FS 0- 0 100-1001- 4.5- 3 FL0406 0- 3 FS S 0- 0 100-1001- 5 2 - 12 FL0406 0- 3 MK-FS MK-S 0- 0 100-100 1- 6 12 - 30 FL0406 3-15 FS S 0- 0 100-100 0- 3 .3-1 FL0406 15-23 FS S LS 0- 0 100-100 2- 8 8 - 30 FL0406 23-80 FS S 0- 0 100-100 1- 4.5-3 Depth Texture 3-Inch No-10 Clay% CEC FL0501 0- 3 MUCK 0- 0 90-200 --- --- FL0501 3-17 S FS 0- 0 100-100 0- 3 .3- 2 FL0501 17-80 S FS LFS 0- 0 100-100 2- 8 8.0- 30 FL0508 0-26 S FS 0- 0 100-1001- 3 1.0- 12 FL0508 26-40 S FS 0- 0 100-100 2- 8 12 - 30 FL0508 40-80 S FS 0- 0 100-100 2-10 .5- 3 SOI-5 Depth pH O.M. Salin Permeab Shnk-Swll FL0051 0- 3 3.6- 6.5 0.5-4.0 0- 2 6.0-20 LOW FL0051 3-15 3.6- 6.5 0.0-0.5 0- 2 6.0-20 LOW FL0051 15-30 3.6- 6.5 2.0-4.0 0- 2 0.6- 6.0 LOW FL0051 30-66 3.6- 6.5 0.0-0.5 0- 2 2.0-20 LOW FL0051 66-80 3.6- 6.5 1.0-3.0 0- 2 0.2- 2.0 LOW FL0093 0- 4 3.6- 6.5 10-20 0- 2 6.0- 20 LOW FL0093 0- 4 3.6- 6.5 2.-5.0- 2 6.0- 20 LOW FL0093 4-16 3.6- 6.5 0.-.5 0- 2 6.0- 20 LOW FL0093 16-25 3.6- 6.5 1.-4. 0- 2 0.6- 6.0 LOW FL0093 25-80 3.6- 6.5 0.-.5 0- 2 2.0- 20 LOW FL0406 0- 3 3.6- 5.5 0.5-4.0- 2 6.0- 20 LOW FL0406 0- 3 3.6- 5.5 10-20 0- 2 6.0- 20 LOW FL0406 3-15 3.6- 5.5 0.- .5 0- 2 6.0- 20 LOW FL0406 15-23 3.6- 5.5 IA. 0- 2 0.6- 6.0 LOW FL0406 23-80 3.6- 5.5 0.- .5 0- 2 0.6- 20 LOW FL0501 0- 3 3.6- 5.5 20-80 0- 2 6.0- 20 LOW FL0501 3-17 3.6- 5.5 0.-.5 0- 2 6.0- 20 LOW FL0501 17-80 3.6- 5.5 1.-4. 0- 2 0.6- 6.0 LOW FL0508 0-26 4.5- 8.4 L-3. 8-16 2.0- 6.0 LOW FL0508 26-40 4.5- 8.4 1.-4. 8-16 0.6- 6.0 LOW FL0508 40-80 4.5- 8.4 0.-.5 2- 8 0.6- 6.0 LOW National Cooperative Soil Survey U.S.A. LOCATION WANDO NC Established Series Rev. RAG 05/2004 WANDO SERIES MLRA(s): 133A, 153A, 153B MLRA SOIL SURVEY REGIONAL OFFICE (MO) RESPONSIBLE: Raleigh, North Carolina Depth Class: Very deep Drainage Class: Well drained Permeability: Rapid Surface Runoff Slow Parent Material: Sandy marine sediments Slope: 0 to 8 percent Mean Annual Air Temperature (type location): 63 degrees F. Mean Annual Precipitation (type location): 55 inches TAXONOMIC CLASS: Thermic, coated Typic Quartzipsamments TYPICAL PEDON: Wando fine sand. (Colors are for moist soil unless otherwise stated.) A--O to 8 inches; brown (i OYR 4/3) fine sand; single grained; loose; many fine and common medium roots; many uncoated sand grains giving a "salt and pepper" appearance; strongly acid; clear smooth boundary. (0 to 10 inches thick) C1--8 to 35 inches; strong brown (7.5YR 5/8) fine sand; single grained; loose; common fine and medium roots; moderately acid; gradual wavy boundary. C2--35 to 55 inches; strong brown (7.5YR 5/6) fine sand; single grained; loose; few fine and medium roots; moderately acid; gradual wavy boundary. C3--55 to 75 inches; strong brown (7.5YR 5/6) fine sand with thin strata of coarse sand; single grained; loose; few medium weakly cemented light red (2.5YR 6/6) concretions; moderately acid; gradual wavy boundary. C4--75 to 99 inches; yellow (10YR 7/6) fine sand; single grained; loose; strongly acid. (Combined thickness of the C horizon is 60 to 100 inches.) TYPE LOCATION: Brunswick County, North Carolina, on Bowen Point; 0.3 mile west of the intersection of State Road 1137 and 1138, 50 feet north of State Road 1138. RANGE IN CHARACTERISTICS: Horizon Thickness: Thickness of the sandy horizons is more than 72 inches Depth to Bedrock: Greater than 60 inches Depth to Seasonal High Water Table: 48 to 72 inches, January to March Soil Reaction: strongly acid to neutral in the A horizon and very strongly acid to neutral in the C horizons. The particle -size control section contains 5 to 20 percent silt plus clay A horizon: Color --has hue of 5YR to IOYR, value of 3 to 5, and chroma of 2 to 4. Where value is less than 3 it is less than 6 inches thick. Texture --loamy fine sand or fine sand E horizon (if they occur): Color --hue of 5YR to 1 OYR, value of 4 to 6, and chroma of 2 to 4 Texture --loamy fine sand or sand Bw horizon (if they occur): Color --hue of 5YR to 1 OYR, value of 4 to 7,and chroma of 4 to 8 Texture --loamy fine sand or fine sand C horizon: Color(upper part) --hue of 5YR to 1 OYR, value of 4 to 8, and chroma of 3 to 8 Color(lower part) --hue of 5YR to 2.5Y, value of 6 to 8 and chroma of 3 to 8 Texture --loamy fine sand, fine sand or sand Redoximorphic Features (if they occur) --iron masses and concretions in shades of yellow, brown, or red and iron depletions in shades of gray, olive, and brown. Depletions occur 40 to 60 inches below surface COMPETING SERIES: Alaga soils --have a minimum of 10 percent silt plus clay in the control section and do not allow 5YR values in the profile. Bigbee soils --have 5 to 10 percent silt plus clay in the control section Cainhoy soils --soils have E horizons that are underlain below 80 inches by a Bh horizon Darden soils --soils are dry in some part of the moisture control section for 75 to 90 cumulative days in most years Foxworth soils-- have 5 to 10 percent silt plus clay in the control section Glentosh soils --soils are dry in some part of the moisture control section for no more than 90 cumulative days Lakeland soils --have 5 to 10 percent silt plus clay in the control section McNeely soils --are excessively drained Tonkawa soils -are dry in some part of the moisture control section for 125 to 150 cumulative days in most years Turkey soils --are somewhat excessively drained GEOGRAPHIC SETTING: Landscape: Coastal Plain Landform: Terraces Elevation: 7 to 25 feet above mean sea level Parent Material: Sandy marine sediments Mean Annual Air Temperature: 60 to 70 degrees Mean Annual Precipitation: 45 to 60 inches Frost Free Period: 210 to 270 days GEOGRAPHICALLY ASSOCIATED SOILS: Baratari soils --poorly drained soils (seasonal high water table 0 to 12 inches) with Bh horizons on flats and in depressions Charleston soils --moderately well drained soils (seasonal high water table 24 to 42 inches) in coarse -loamy family on lower landscapes Conetoe soils --Well drained soils (seasonal high water table below 72 inches) in loamy family on similar landscapes Eddings soils --well drained soils (seasonal high water table 42 to 54 inches) in loamy family on similar landscapes Edisto soils --somewhat poorly drained soils (seasonal high water table 12 to 36 inches) in coarse -loamy family on lower landscapes Frinn soils --excessively drained soils (seasonal high water table below 72 inches) that have less than 5 percent silt plus clay to more than 80 inches Kiawah soils --somewhat poorly drained soils (seasonal high water table 12 to 24 inches) with weakly developed argillic horizons on lower landscapes Murad soils --moderately well to somewhat poorly drained soils (seasonal high water table 18 to 36 inches) in loamy family on lower landscapes Polawana soils --very poorly drained soils (seasonal high water table near or above surface for 6 months during most years) having cumulic epipedon on flats and in depressions Ridgeland soils --somewhat poorly drained soils (seasonal high water table 18 to 30 inches) with Bh on horizons and occur on lower landscapes. Seabrook Seewee soils --somewhat poorly drained soils (seasonal high water table 12 to 24 inches) that have Bh horizons an occur on slightly lower landscapes Wahee soils --somewhat poorly drained soils (seasonal high water table 12 to 18 inches) in fine family on lower landscapes DRAINAGE AND PERMEABILITY: Agricultural Drainage Class: Well drained Permeability: Rapid USE AND VEGETATION: Major Uses: Mostly Woodland Dominant Vegetation: Where wooded--loblolly pine, longleaf pine, liveoak, sweetgum, southern red oak, sumard oak, post oak, blackjack oak, and white oak. Common understory plants are red maple, turkey oak, bluejack oak, American holly, yaupon holly, sassafras, redbay, blueberry, waxmyrtle, American beautyberry, threeawn grass, and flowering dogwood. Where cultivated -corn and soybeans with some acreage of watermelon, snapbeans, cucumbers, tomatoes, and oats DISTRIBUTION AND EXTENT: Distribution: Lower marine terraces in South Carolina, North Carolina, Virginia, and possibly Georgia and Florida Extent: Moderate MLRA SOIL SURVEY REGIONAL OFFICE (MO) RESPONSIBLE: Raleigh, North Carolina SERIES ESTABLISHED: Charleston County, South Carolina; 1971. REMARKS: Laboratory data indicate that Wando soils contain more available phosphorus and calcium than somewhat similar soils on higher marine terraces. Diagnostic horizons recognized in this pedon are: Ochric epipedon - The zone from 0 to 8 inches (A horizon). ADDITIONAL DATA: TABULAR SERIES DATA: SOI-5 Soil Name Slope Airtemp FrFr/Seas Precip Elevation NCO164 WANDO 0-8 60-70 210-270 45-60 7-25 SOI-5 F1oodL FloodH Watertable Kind Months Bedrock NCO164 NONE 4.0-6.0 APPARENT JAN-MAR 60-60 SOI-5 Depth Texture 3-Inch No-10 Clay% -CEC- NC0164 0-8 LFS FS 0-0 95-100 2-15 2-10 NCO164 8-99 S FS 0-0 98-100 1-10 0-5 SOI-5 Depth -pH- O.M. Salin Permeab Shnk-Swll NCO164 0-8 5.6-7.3 .5-1. 0-0 6.0-20 LOW NCO164 8-99 5.6-7.3 0.-.5 0-0 6.0-20 LOW National Cooperative Soil Survey U.S.A. L M G LAND MANAGEMENT GROUP mr,. Environmental Consultants November 18, 2016 Tim Clinkscales, PE Paramounte Engineering, Inc. 5911 Oleander Drive, Suite 201 Wilmington, NC 28403 Reference: Stormwater infiltration study addendum for the proposed stormwater BMP areas for the Ocean Isle Beach Publix, Ocean Isle Beach, NC. Tim: On Tuesday November 15.2016 Land Management Group, Inc. evaluated four additional 'locations for proposed stormwater basin areas for the OIB Publix site located in Ocean isle Beach, NC. This letter serves as an addendum to the original report issued February 5, 2016. The purpose of the evaluation was, to describe the soil profile, quantify the depth to the seasonal high water table (SHWT), quantify infiltration rates for the project engineer. The site boundary is shown on the Google Earth aerial in Figure One. Four locations for borings are shown in Figure Two. Figure 1 Figure 2 The soil profile descriptions in Appendix B show all recorded depths from the existing surface. LMG was asked to provide the infiltration rates for each boring location. The sites were evaluated at a depth that is 24 inches above the SHWT, where feasible, which is the required separation by NC DENR DWQ. The results for the borings are shown in Appendix B. All profiles have infiltration rates in excess of 0.52 in/hr. The official published description and physical and chemical data for the Leon and Wando soil series were shown in the earlier report. The seasonal high water table is normally evident by observation of redoximorphic features suggesting past conditions of saturation and reduction. There is evidence of redoximorphic features at 42 to >63" in all borings. Table two shows contemporary SHWT for each boring. In summary, this site has areas that are proposed for stormwater basin placement. These areas have soils with contemporary seasonal high water tables from 42 to >63" in all borings from the soil surface as shown in Table Two. Please do not hesitate to contact me if you have any questions with this report or if you wish for LMG to perform any additional site specific studies in accordance with the NC DENR DWQ guidance memo. If you have any questions about this report or need any additional information I may be reached at 910-452-0001, 910-620-1137 or at cturner@lmgroup.net . Sincerely, h. 0-.44. ?Lz't'� G. Craig Turner Vice President Land Management Group, Inc 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 910-452-0001: Office 9i0452-0060: FAX 910-620-1137: Cell cturner@ lmgroup.net N.C. Licensed Soil Scientist, #1091 www.lmgroup.net • info@lmgroup.ne. • Phone: 910.452.0001 • Fag: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Appendix A Test Area Map 3=0 307 K zm ae 30r. A- Wow Map Unit Legend ftwwm* County, IWM Carols (MCOID) Map Unit Symbol mvu"mmw Aries to AW Percent of AN U Lem Ire sar-1 7! 0. Wale,7 Z.e 111,09l') lie wrl Wc -1 pe,:ect S aped 4-'.' , Totals for Area of Interest 117 El 100.0%1 Appendix B Soil Profile Descriptions TABLE TWO: Ocean Isle Beach Publix BORING # HORIZON: DEPTH COLOR EWT/OWT TEXTURE STRUCTURE CONSISTENCY PLASTICITY PERMEABILITY (inlhr) SB 1 A 05 10 YR 4/1 8/1 loamy sand single -grained loose non -plastic 1-2 SB 1 BA 5-10 10 YR 4/4 loamy sand single -grained loose non -plastic 2-3 SB 1 BW 10-31 10YR 5/6 6/6 loamy sand sin le- rained loose non -plastic 4-6 SB 1 BW2 3151 10YR 712 6/8 loam sand single -grained loose non -plastic 3-4 SB 1 C 5153 10YR 513 >63 -63 loamy sand single -grained loose non -plastic 2-4 SB 1 Boring terminated at 63" Physical Water: >63" on 11-17-2016 SHWT: >63" BORING # HORIZON: DEPTH COLOR EWT/OWT TEXTURE STRUCTURE CONSISTENCY PLASTICITY SB 2 A 05 10 YR 4/1 8/1 loamy sand single -grained loose non -plastic 1-2 SB 2 BA 5-10 10 YR 4/4 loamy sand sin le- rained loose non -plastic 23 SB 2 BW 10-31 10YR 5/6 6/6 loamy sand single -grained loose non -plastic 4-6 SB 2 BW2 31-51 10YR 7/2 6/8 loamy sand sin le- ralned loose non -plastic 3-4 SB 2 C 51-63 I 10YR 513 51/>63 loamy sand sin le- ralned I loose non -plastic 2-4 Boring terminated at 63" Physical Water: >63" on 11-17-2016 SHWT: >63" BORING # HORIZON: DEPTH COLOR EWT/OWT TEXTURE STRUCTURE CONSISTENCY PLASTICITY SB 3 A 05 10 YR 4/1 8/1 loamy sand sin le- rained loose 1-2 SB 3 BA 5-10 10 YR 4/4 loamy sand sir le- ralned --non-plastic loose non- lastic 2-3 SB 3 BW 10-26 10YR 5/6 6/6 loamy sand sln le- rained I loose non -plastic 4-6 SB 3 BW2 26-34 10YR 7/2, 6/8 loamy sand single -grained loose non -plastic 3-4 SB 3 BH 34-42 10YR 4/2 loamy sand sin I rained loose non -plastic 3-4 SB 3 C 42-63 10YR 5/3 421>63 loamy sand single -grained loose non- lastic 2-4 Boring terminated at 63" Physical Water: >63" nn 11-17-?016 SHWT: >63" HORIZON: DEPTH COLOR BORING # EWT/OWT TEXTURE STRUCTURE CONSISTENCY PLASTICITY SB 4 A 05 10 YR 4/1 811 bamy sand single -grained loose non -plastic 1-2 SB 4 BA 5-10 10 YR 4/4 loamy sand single -grained loose non -plastic 23 SB 4 BW 10-31 10YR 5/6, 6/6 loamy sand single -grained loose non -plastic 3-4 SB 4 BW2 31-46 10YR 7/2 6/8 loamy sand single7grained loose non -plastic 3-4 SB 4 C 46-63 10YR 5/3 46146 loamy sand sln le rained loose non -plastic 3.4 Boring terminated at 63" Physical Water. >46" on 11-17-2016 SHWT: >46" PARAMOUNTE E N G I M E E F2 1 N G, 1 " C. 1 2 2 C I N E M A D R I V E W I L M I N G T O N, N C 2 8 4 0 3 9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 ( F) L E T T E R O F T R A N S 'M i T T A I. To: NCDEQ Date 112.15.16 127 Cardinal Drive Ext. Wilmington, NC 28403 Re: Ocean Isle Beach Market Place Express SW8 161204 Attn: Linda Lewis, El Pro'ectNo. I 14414.PE e are sendtn : ® Originals he following items:1 ® Correspondence ® Prints ❑ Shop Drawings ® Calculations ® Plans ❑ Specifications ❑ Other as listed below Quantity Date Dwg. No. Description 2 C-4.0, C-6.2 24"x 36" Revised Design Documents 1 Revised Application Page 3 1 Revised Supplements (IB1 and 1132) 1 Revised Portion of Stormwater Narrative & Calcs 1 Response Letter Issue Status: ® For Approval ❑ As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks ction Taken. ❑ No Exceptions Taken ❑ Make Corrections Noted ❑ Amend & Resubmit ❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other Remarks: EC E IVE JCC 15 2016 C-4.0 — Revised note to remove reference from a different project. ' Narrative — revised proposed improvements to remove reference to a different project. Cc. Signed: Daniel J. Fisk, PE PARAMOUNTE E N C. 1 N E E R 1 N C3. 1 N C. December 15, 2016 Linda Lewis, E.I. — Environmental Engineer III NCDEQ — Energy, Mineral and Land Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 14414.PE Ocean Isle Beach Market Place Town of Ocean Isle Beach, Brunswick County Stormwater Project No. SW8 161204 Dear Ms. Lewis: On behalf of Halpern Enterprises, Inc., we are submitting a response to your comments emailed on December 14, 2016. Please find your comments listed below with our response provided in bold. 1. It appears that you have lumped the Outparcel BUA in with the Buildings BUA on the application. Since there is other onsite development that is apart from the OP's, it would be clearer if the OP BUA total was listed separately on the application as "Other' BUA, and the on -site Buildings total was reduced to 57,225 sf. You can make these changes to page 3 of the application and email that page to me. • As requested, the outparcel BUA has been removed from the Building/Lots column of the application and added to the Other on -site column. 2. Please add a sidewalk detail and a street detail to the detail sheet and submit 2 copies. Please include the right-of-way width, the paved width, any curbing, and any sidewalks. • Sidewalk and road cross sections have been added to the detail sheet. 3. The supplement form for Infiltration Basin #1 (the secondary BMP) indicates that the storage volume provided in that basin is 154,341 cubic feet. Based on the bottom surface area and storage surface area, the average end area method suggests that the volume physically provided in that basin is around 21,000 cubic feet. This basin (as a secondary BMP) may be able to treat the 154,341 cubic feet discharged from the pond via the orifice, but the supplement is asking for the actual provided storage volume in the basin, not the volume it can treat. • The supplement has been revised to reference the provided volume in the infiltration basin. 4. When the secondary BMP is an infiltration system, the infiltration rate does not need to be cut in half for design. That only applies when you are designing an infiltration basin to meet one of the four options to eliminate the bypass and/or the vegetated filter. At the full hydraulic conductivity of 3.5 inches per hour, the infiltration flowrate achieved through the bottom of the basin (9435 sf) is 0.764 cfs, which is in excess of the average flowrate delivered to the infiltration basin from the wet pond's 5" orifice of 0.574 cfs. • Noted. 5. Please provide the HydroCAD routing calculations and the Summary Report of the areas, elevations and storage volumes for the secondary BMP infiltration basin #1. • HydroCAD routing calculations for the infiltration Basin have been added. ECEI E DEC 15 2016 -9. 1 2 2 C I N E M A D R I V E, W 1 L M I N G T D N, NO 2 8 4 O 3 P H: (9 1 01 7 9 1 - 6 7 0 7 F A X: (9 1 C) 7 9 1 - 6 7 6 D 6. As requested at the submittal meeting, please submit a copy of the purchase agreement between DWE Timber LLC and Halpern Enterprises, Inc. If the property has already changed hands, please submit a copy of that recorded deed. • The purchase agreement will be provided under separate cover by Halpern Enterprises, Inc. 7. Please note that I have added a notation to the supplement form for IB #2 to indicate that Option #4 in the BMP Manual is being employed to waive the offline bypass requirement. • Noted, I have added this note to the revised supplement. B. The calculations for IB #2 indicate that the available storage volume at elevation 24 is 16,985 cubic feet, but there is a spillway at elevation 23.25. It is not possible to claim any volume above elevation 23.25. • The stage storage shown in both the calculations and HydroCAD included the surface areas up to elevation 24.00. However, the calculated volume provided, and the listed volume provided on the supplement were calculated at the spillway elevation of 23.25. The Initial HydroCAD routing calculations infiltrated the 10-year storm at half the infiltration rate with a max water surface elevation (wsel) of 23.12. Therefore, please note that the volume above the spillway elevation of 23.25 was never claimed or used. 9. Please check the use of 0.44 cfs as the exfiltration flowrate for IB #2. At 2 inches per hour, the flowrate through the bottom of the basin (3140 sf) would be 0.145 cfs. If you used the average surface area between 21 and 23.12 (4654 so, the flowrate is 0.216 cfs. Conservative design would call for using the bottom surface area only, but you are free to provide justification for using a larger infiltration area. It is standard engineering practice when routing a storm through an infiltration basin/device to use Darcy's Law to calculate the exfiltration flowrate instead of the simplified calculation you have provided. I disagree with the statement that the bottom surface area should be the only area used to calculate infiltration as when a basin stages up the sidewalls will also contribute to the infiltrating surface area. Furthermore, with a factor of safety of 2 already being applied to the measured rate, I believe this accounts for a conservative design. However, in the interest of obtaining the permit in a timelier manner, and since it only raises the emergency spillway 0.05', 1 have revised the HydroCAD calculations to only include the infiltration surface area at the bottom of the basin. For this to work properly in HydroCAD, the range has to be inclusive of the bottom elevation, therefore, note that for 1131 the range is 20.49-20.51 and for IB2 the range is 20.99-21.01. Please note that the stage storage shows surface areas up to elevation 24.0, however, the volume provided is both calculated and shown on the revised supplement as equal to the volume at elevation 23.0. Also, the max wsel for the 10-year storm routing iQ shown to be 33.28' which i€ below the emergency spillway elevation of 23.30. Thank you for your attention to this matter. Sincerely, Daniel J. Fisk, PE Paramounte Engineering, Inc. 1 2 2 C I N E M A D R I V E, W 1 L M 1 N G T D N, NO 2 8 4 D 3 P H( 9 1 0) 7 9 1 - 8 7 0 7 F A X: (9 1 O) 79 1 - 6 7 6 G C201423300549 State of North Carolina Depw"ent of the Secretary of State Limited Liability Company ARTICLES OF ORGAN17ATION SOSID: 1397086 Date Filed: 8/22/2014 8:35:00 AM Elaine F. Marshall North Carolina Secretary of State C2014 233 00549 Pursuant to 657D-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. L The name of the limited liability company is:. M Timber." (See item ]of the Wftcftm for wmpriete endly d am) 2 .? The name and address of each person executing these snicles of organization is as follows: (State whether each person is executingthese articles oforganization in the capacity ofa member, organizer or both. Note; This decnmeat must be awed by A petnom Bated.) Wtimingoan; NC; PM 3. The name of the initw,registered agent is: Naadv UCXA Strickland 4. The and.county of the'initial r*stared agw ofte of the limited liability company is: Number and Street _ 2618 New Village Way City Wilmin¢tan � State:.HQ Zip Code: 2840L County: NeW Hanover 5. The mail adddress. if different fmrn the street addrem, ; of the initial registered agent office is: Number and Street City State. NQ Zip.Co&: County: 6. Principal office information: (Select either a or b.) A. ` The limited liability company has a principal office. Tho principal office telalkone numbs; 910-25I 78_" The street address and county of the principal office of the limited liability company is: Number and Street: _2618 Now Vill= Wji City: _Wilmim State: NC Zip Code: 28405 County: yew g CORPORATIONS DIVISION P.O. Box 29622 (Revised January 2014) 2 RALE1GH, NC 27626-062� 22 (Form L-01 ) C201423300549 The Raft address, if different from the street adds, ofthe principal office of the company is: Number and Street: City: State: 73p Code: County:: b. ❑ The limited liability company does not have a principal office. 7." Any other provisions which the limited liability company elects to include (eg., the purpose of the entity) are attached. 8. (Optionall Please provide a business e-mail address: The Secretary of StaWs Office will e-mail the business autocratically at the address provided above at no cost when a document is filed. The v-nWl provided will not be viewable on the website. For more information on why this service is offered, please at the instructions for this document. ..9.1 These articles will be elf Live upon filing, unless a firture date is specified: This is the 21 st day of August , 2014. Signature George L. Fletdror, Organizer . Type or Print Name and Title The below space to be used if more gm one organizer or member is listed in Item #2 above. Srgpatur+e Stgnshrre ypeW Print acne and Titlean ame and Tgc---- TW* and ame.an Type and Print Name and Tide NOTES: 1. Filing fee is $125. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P.O. Box 2962Z RALEIGH,14C 276264M (Revised January 2014) 3 (Form Ir01) SOSID: 1549897 Date Filed: 10/14/2016 2:42:00 PM Elaine F. Marshall North Carolina Secretary of State State of North Carolina C2016 286 00697 Department of the Secretary of State APPLICla i ION FOR CER litre ICATE OF AUTHORITY Pursuant to §55-15-03 of the General Statutes of North Carolina, the undersigned corporation hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: 1. The name of the corporation isHalpern Enterprises, Inc. ; and if the corporate name is unavailable for use in the State of North Carolina, the name the corporation wishes to use is: 2. The state or country under whose laws the corporation was organized is: Georgia 3. The date of incorporation was 8/31/1972 ; its period of duration is: 4. Principal office information: (Select either a or b.) a. Q The corporation has a principal office. The street address and county of the principal office of the corporation is: Number and Street 5200 Roswell Road City, State, Zip Code. &Wm ,�f� &.5, Y G County Fulton The mailing address, if d jfferent from the street address, of the principal office of the corporation is: b. ❑ The corporation does.not have a principal office. 5. The street address and county of the registered office in the State of North Carolina is; Number and Street Corporate Service Company, 327 Hillsborough Street City, State, Zip Code Raleigh, NC, 27603 County Wake 6. The mailing address, if diferent fMom the street address, of the registered office in the State of North Carolina is: 7. The name of the registered regent in the State of North Carolina is Corporate Service Company 8. The names, titles, and usual business addresses of the current officers of the corporation are (attach if necessary): Name Title Business Addresj Jack N. Halpern- Charman & CEO 5200 Roswell Road Carolyn H. Oppenheimer- Executive VP &Secretary .��a l7dt fi r�$ j 3 > Y� W!Iilam Brown, Jr: President Steve West- VP, Glenn Caracappa- VP, C. Alias Loften- Aest. Secretary & Treasurer 9. Attached is a Certificate of Existence (or document of similar import) duly authenticated by the Secretary of State or other official having custody of corporate records in the state or country of incorporation. The Cerdfieate of Existence must be are original and less than six months old. CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 (Revised January, 2002) (Form B-09) APPLICATION FOR CERTIFICATE OFAUTHORITY Page 2 10. If the corporation is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its board of directors, certified by its secretary, adapting the fictitious narne is attached. 11. This application will be effective upon filing, unless a delayed date and/or time is specified: This is the 12tr day of October , 2016 Halpern Enterprises, Inc. the of Co or /t2—'� Signature C. A_ Ilsa Loften- Assistant Secretary & Treasurer Type or Print Name and Title. NOTES: 1. Filing fee is $250. This. document must be filed with the Secretary of State. CORPORATIONS I)IVISiON P. O. BOX 29622 RALEIGH, NC 27626-0622 (Revised January, 2002) (Form B-09) Control Number: J004838 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower Z .Martin Luther :King, Jr. Dr. Atlanta, Georgia 30334-1530 CERTIFICATE OF EXISTENCE I, Brian P. Kemp, the Secretary of State of the State of Georgia, do hereby certify under the seal of my office that HALPERN ENTERPRISES, INC. a Domestic Profit Corporation was formed in the jurisdiction stated below or was authorized to transact business in Georgia on the below date. Said entity is in compliance with the applicable filing and annual Registration provisions of Title 14 of the Official Code of Georgia Annotated and has not filed articles of dissolution, certificate of cancellation or any other similar document. with the office of the Secretary of State. This certificate relates only to the legal existence of the above -named entity as of the date issued. It does not certify whether or not a notice of intent to dissolve, an application for withdrawal, a statement of commencement of winding up or any other similar document has been filed or is pending with the Secretary of State. This certificate is issued pursuant to Title 14 of the Official Code of Georgia Annotated and is prima -facie evidence that said entity is in existence or is authorized to transact business in this state. Dookot Number :13524904 Date 1nc/Auth/Filed :08/3111972 Jurisdiction : Georgia Print bale : Itt1II%U16 Form Number : 211 t Brian. P. hemp Secretary of State @d' a or N fV m N N C010- m�a.. om� i loo. �A CS 79 so ai �+ CI LN N [n Na a= �? % �j v Y C Z7 n@ v a c �❑ c N IL CO 4D 0 0 0 C O«� CD r o 3JaL 2 EEcl g m v sMa 0 c U •g r.3 as u a 3Vol a ,cc MwM W z 0 Off�++ z S � A N „A a 0 O z >� �o A a3i •6 N 0 f a 9 tL ROw �1 Lewis,Linda From: Lewis,Linda Sent: Friday, December 16, 2016 2:01 PM To: 'Gary Owens' Cc: Charles Meier Subject: RE: S-SW Permit Name / Ownership Change Form ( NT #16019) Turtle Cay OK- I'll put it on the list. I did not have time on Nov. 17 to inspect and I'm heading out on vacation, for the next 2 weeks, so it'll be in the new year that it gets inspected. Linda From: Gary Owens[mailto:gary.owens@gopropertymgt.com] Sent: Friday, December 16, 2016 1:33 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Charles Meier<cdm@mwglaw.com> Subject: Fwd: S-SW Permit Name / Ownership Change Form ( NT #16019) Turtle Cay Linda, Can you arrange for the necessary inspection as requested by Sanco Builders Corp? GO ---------- Forwarded message ---------- From: Terry <terrynsancohomes.com> Date: Tue, Nov 22, 2016 at 2:29 PM Subject: RE: S-SW Permit Name / Ownership Change Form (NT #16019) Turtle Cay To: "Gary Owens(gay.owens(aamL-_ Cc: Candice Alexander <acandicel6(a�gmail.com>, "dte(cclarknewton.com" <dteCa�clarknewton.com>, Nathan <nathan@sancohomes.com> Gary, Would you please schedule the necessary inspection? Thanks Terry Kennon Sanco Builders Corp. POB 3167 Lewis,Linda From: Lewis,Linda Sent: Wednesday, December 14, 2016 6:14 PM To: Dan Fisk (dfisk@paramounte-eng.com) Cc: 'bbrown@halpernent.com' Subject: SW8 161204 Review Comments Dan and Mr. Brown: The Division accepted the subject Express permit application on December 8, 2016 and reviewed the application today. I have the following comments: 1. It appears that you have lumped the Outparcel BUA in with the Buildings BUA on the application. Since there is other onsite development that is apart from the OP's, it would be clearer if the OP BUA total was listed separately on the application as "Other' BUA, and the on -site Buildings total was reduced to 57,225 sf. You can make these changes to page 3 of the application and email that page to me. 2. Please add a sidewalk detail and a street detail to the detail sheet and submit 2 copies. Please include the right-of-way width, the paved width, any curbing, and any sidewalks. 3. The supplement form for Infiltration Basin #1 (the secondary BMP) indicates that the storage volume provided in that basin is 154,341 cubic feet. Based on the bottom surface area and storage surface area, the average end area method suggests that the volume physically provided in that basin is around 21,000 cubic feet. This basin (as a secondary BMP) may be able to treat the 154,341 cubic feet discharged from the pond via the orifice, but the supplement is asking for the actual provided storage volume in the basin, not the volume it can treat. 4. When the secondary BMP is an infiltration system, the infiltration rate does not need to be cut in half for design. That only applies when you are designing an infiltration basin to meet one of the four options to eliminate the bypass and/or the vegetated filter. At the full hydraulic conductivity of 3.5 inches per hour, the infiltration flowrate achieved through the bottom of the basin (9435 sf) is 0.764 cfs, which is in excess of the average fjowrate delivered to the infiltration basin from the wet pond's 5" orifice of 0.574 cfs. 5. Please provide the HydroCAD routing calculations and the Summary Report of the areas, elevations and storage volumes for the secondary BMP infiltration basin #1. 6. As requested at the submittal meeting, please submit a copy of the purchase agreement between DWE Timber LLC and Halpern Enterprises, Inc. If the property has already changed hands, please submit a copy of that recorded deed. 7. Please note that I have added a notation to the supplement form for IB #2 to indicate that Option #4 in the BMP Manual is being employed to waive the offline bypass requirement. 8. The calculations for IB #2 indicate that the available storage volume at elevation 24 is 16,985 cubic feet, but there is a spillway at elevation 23.25. It is not possible to claim any volume above elevation 23.25. 9. Please check the use of 0.44 cfs as the exfiltration flowrate for IB #2. At 2 inches per hour, the flowrate through the bottom of the basin (3140 sf) would be 0.145 cfs. If you used the average surface area between 21 and 23.12 (4654 sf), the flowrate is 0.216 cfs. Conservative design would call for using the bottom surface area only, but you are free to provide justification for using a larger infiltration area. Please address these comments prior to December 21, 2016, or as quickly as you can. If you can get this info back tomorrow or Friday, I will make every effort to get the permit issued before I head out on vacation. Thanks, and I wish you both a Merry Christmas and a Happy New Year. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office ii11C?-c'_..i'SV',is ncdenr.yov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 r<Rz Compares 'J` h" %lj'C 10 he G's' G f �7.fi, Iif PARAMOUNTE E N G 1 N E E FZ 1 N G, 1 N G. 1 2 2 CINEMA DRIVE vW 1 L Al I N G T O N, N C 2 8 4 0 3 9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 ( F) L R T T F. R 0 F T R A N C M T T T A T To: NCDEQ Date 1 12.08.16 127 Cardinal Drive Ext. Wilmington, NC 28403 Re: Ocean Isle Beach Market Place Express Stormwater Attu: Linda Lewis, El Pm'ectNo. I 14414YE e are sendin ❑ Originals ® Prints ❑ Shop Drawings ❑ Calculations ❑ Correspondence ® Plans ❑ Specifications ❑ Other as listed below he following items: Quantity Date Dwg. No. Description 2 24"x 36" Revised Design Documents Issue Status: ® For Approval ❑ As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks ction Taken: ❑ No Exceptions Taken. ❑ Make Corrections Noted ❑ Amend & Resubmit ❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other Remarks: Cc: Signed: T. Daniel J. Fisk, PE PARAMOUNTE E N G I rV E E F,' I N Ca, I N C-- 1 2 2 C II N E M A D R I V E W I L M I N G T O N, N C 2 8 4 0 3 9 1 0- 7 9 1- 6 7 0 7( O) 9 1 0- 7 9 1- 6 7 6 0 ( F) L E T T F. R n F T R A 1v c AM i 1 r 1r A r fV,* QAccef lot To: NCDEQ Date 112.07.16 127 Cardinal Drive Ext. Wilmington, NC 28403 Re: Ocean Isle Beach Market Place Express Stormwater Attn: Project No. I 14414. PE e are sendin ® Originals ® Prints ❑ Shop Drawings ® Calculations ❑ Correspondence ® Plans ❑ Specifications ® Other as listed below be followin items: Quantity Date Dwg. No. Description 2 24"x 36" Design Documents 2 Form SWU-101— (1 Original, 1 Copy) 1 Stormwater Design Narrative and Calcs 2 O&M (Storm EZ) — (1 Original,1 Copy) 1 $4,000 Review Fee (Check 053178 ) 1 Wet Pond 1 Supplement 1 Infiltration Basin 1 Supplement 1 Infiltration Basin 2 Supplement 2 High Density Deed Restrictions (1 Original, 1 Copy) ssue Status: ® For Approval ❑ As Requested ❑ Construction ❑ Bid ❑ For Your Use ❑ For Review and Comment ❑ Approved as Noted ❑ See Remarks ction Tarn: ❑ No Exceptions Take*? ❑ Make Corrections Noted ❑ Amend & Resubmit ❑ Rejected - See Remarks ❑ Approved as Submitted ❑ Other Remarks: Cc Signed; Daniel J. Fisk, PE IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. Impervious runoff will be collected in roof leaders, catch basins and open channel swales and routed to either a wet detention basin with an infiltration basin secondary BMP or to an infiltration basin for treatment 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph H - Post Construction 3. Stormwater runoff from this project drains to the Lumber River basin. 4. Total Property Area: 44.859 acres 5. Total Coastal Wetlands Area: acres 6. Total Surface Water Area: acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+: acres + Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NTBA� line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to calculate overall percent built upon area (B UA). Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / 'Total Project Area) X 100 = 33.0 % 9. How many drainage areas does the project have?2 (For high density, count 1 for each proposed engineered stormwater BMP. For low density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basm Information Dramage Area 1 Drainage Area 2 Drains . e Area _ Drainage Area Receiving Stream Name Kilbart Slough Kilbart Slough Stream Class * SA; HQW SA; HQW Stream Index Number * 15-25-4 15-25-4 Total Drainage Area (sf) 857,175 84,035 On -site Drainage Area (sf) 857,175 84,035 Off -site Drainage Area (sf) 0 0 Proposed Impervious Area** s 605,000 39,150 % Impervious Area** total 70.6% 46.6% lm ervious*" Surface Area. Drainage Area Dramiage AYea Dram e Area Drama , e Area On -site Buildings/Lots (so 57,225 0 _ On -site Streets (sf) 58,366 32,785 On -site Parking (sf) 192,348 0 On -site Sidewalks (sf) 17,760 5,778 Other on -site (so WpeMel 5 242,664 0 Future (sf) 36,637 587 Off -site (sf) 0 0 Existing BUA*** (sf) 0 0 Total (sf): 605,000 39,150 * Stream Class and Index Number can be determined at: httgaortal.ncdenr.or Aoeb/wq[ps/csu/classiftcations Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version Oct. 31, 2013 Page 3 of 6