SW7060804_HISTORICAL FILE_20200601

i
STORMWATER.DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW 7l%/ODV/
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
DOC DATE
YYYYMMDD

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
F.nvfronmentd QuaUty
,tune 1, 2020
Ram of Eastern North Carolina, LLC .
Attention: Robin R. Strickland, manager
1109 Country Club Drive
New Bern, NC 28562
Subject: Stormwater Permit Renewal
Stormwater Management Permit SW7060804
South Market Square
Craven County
Dear Robin Strickland:
A Division of Energy, Mineral, and Land Resources -file review has determined that
Stormwater Permit SV 7060804 for a stormwater treatment system consisting of a wet
detention pond serving South Market Square located on South Glenburnie Road in New
Bern, NC expires on November 17, 2020. This is a reminder that permit renewal
applications are due 180 days prior to expiration. We do not have a record of receiving
a renewal application.
Please submit a completed permit renewal application along with a $505.00 fee for
permit renewal. Permit application forms for renewal can be found on our website at:
https:41dea nc,gov/about f divisions./energy-mineral-land-resources/energy-mineral-land-
rules/stormwater-Droeram/host-construction. North Carolina General Statutes and the
Coastal Stormwater rules require that this property be covered under a stormwater
permit. Failure to maintain a permit subjects the owner to assessment of civil penalties.
If you have questions, please feel free to contact me at [phone]. 1 will be glad to
discuss this by phone or meet with you. If you would like, I can e-mail you a copy of the
application form. You can request a copy by e-mailing me at roaer.thorpe(@ncdenr.gov.
Sincerely,
Roger K. Thorpe
Environmental Engineer
®� ��� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
_ Washington Regional Office 1 943 Washington Square Mali I Washington. North Carolina 27889
257-946.6481

LPIWA
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
January 27, 2011
6(a j
CERTIFIED MAIL ##7010 0290 0001 56289288—
RETURN RECEIPT REQUESTED
Mr. Mitchell Brydge, Member/Manager
RAM of Eastern Carolina, LLC
1210 Broad Creek Road
New Bern, NC 28560
Subject: NOTICE OF VIOLATION
NOV-2011-PC-0077
Permit Condition Violations
Stormwater Management Permit No. SW7060804
South Market Square
Craven County
Dear Mr. Brydge:
fck�cc�
Dee Freeman
Secretary
This letter is to notify you, are in violation of Title 15A North Carolina Administrative Code (NCAC) 2H
.1003 for failing to comply with terms, conditions and limitations of a Stormwater Management Permit
No. SW7060804.
On December 7, 2010, Samir Dumpor of the Washington Regional Office performed an inspection to
determine the status of compliance with Stormwater Permit SW7060804. Permit Number SW7060804
was issued to you on November 17, 2006 for the South Market Square, located at 2109 South Glenburnie
Road, in New Bern, Craven County, North Carolina.
As a result of the site inspection and DWQ file review, the following observations and violations are
noted:
I. Failure to Submit a Designer's Certification
Title 15A NCAC 2H .1008 0) and storlwater Permit Number SW7060804, Condition II.6. requires that
upon completion of construction, the designer for the type of stormwater system installed must certify that
the system was inspected during construction, was constructed in substantial conformity with plans and
specifications approved by DWQ, and complies with the requirements of this Section. As of the date of
this letter, DWQ has not received this certification.
Required Response
This Office requires that you respond to this letter in writing to the address listed at the bottom of the
letterhead within 30 calendar days of receipt of this Notice. Please provide a written "Plan of Action"
which outlines the actions you will take to correct the following violation(s) and a time frame for
completion of those actions.
N. C. Division of Water Quality
Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone]
Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1Afrmativo Action Employer
Nor thCarolina
Naturally

By copy of this letter to the Craven County Inspection Office, DWQ is requesting that the Building
Inspector consider withholding building permits and Certificates of Occupancy for this project until this
matter is satisfactorily resolved.
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Water Quality regarding
these issues and any future/continued violations that may be encountered. Your above -
mentioned response to this correspondence will be considered in this process. This office
requires that the violations, as detailed above, be abated immediately. These violations and
any future violations are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation. Should you have any questions regarding these matters, please contact Samir
Dumpor or myself at [phone].
�cerel
1 _
A a g e
Regional Supervisor
Surface Water Protection Section
Washington Regional Office
Enclosures: Inspection Report
cc: Katie Merritt — WBS Compliance & Permits Unit
Inspector, Craven County Building Inspections
WaRO Files
DWQ Central Files

State Stormwater Inspection Report
General
Project Name: South Market Square -- New Bern
Permit No: SW7060804
Expiration Date: Nov. 17, 2016
Contact Person: Mitchell Brydge
Phone Number: 252-633-4085
Inspection Type: Compliance
Inspection Date: December 7, 2010
Time In: 03:00 PM
Time Out: 04:00 PM
Current Weather: Sunny - cold
Recent Rain (Date)? N/E
Rain —N/E in
Location
Facility Address / Location: 2109 South Glenburnie Road
City: New Bern Zip: 28562 County: Craven Lat: "N Long: - ° "W
Permit Information
Rule Subject to (circle one). 1988 Coastal Rule 11995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one): High (HD) Low (LD)
Stormwater Best Management Practices (BMPs) (insert number of each):
1 Wet Ponds Infiltration Basins Infiltration Trenches
Dry Ponds Bioretention Permeable Pavement
Cistern Level Spreader/Filter Strip Other (specify):
File Rpvipw
LD Swales Stormwater Wetlands
Sand filters (circle one) Open Closed
Yes No NIA NIE
1. is the permit active?
X
2. Signed Engineer's Certification on file?
X
3. Signed Operation and Maintenance agreement on file?
X
4. Recorded Deed Restrictions on file?
X
Situ Vicit• Ruilt llnnn Arpa IRIIAI Yes No NIA NIE
5. BUA is constructed and consistent with the permit requirements?
X
6. BUA aspermitted) is graded such that the runoff drains to the system? (high density only)
X
7. Draina e area is consistent withpermit? i.e. no un ermitted drainage to the SW BMPs
X
8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs
X
Sitp Visit- Stormwatpr RMPs Yes No NIA NIE
9. Stormwater BMPs are located per the approvedplans?
X
10. Stormwater BMPs have dimensions (e . length, width, area) matching the approvedplans?
X
11. Stormwater BMPs are constructed per the approvedplans?
X
Site Visit- Oneration and Maintenance Yes No NIA NIE
12. Access points to the site are clear and well maintained?
X
13. Trash has been removed as needed?
X
14. Excessive landscape debris (grass clippins, leaves, etc) is controlled?
X
15. Stormwater BMPs being operated and maintained as per the permit requirements?
X
16. Inspection and Maintenance records are available for inspection? (high density only, 1995 — present only)
X
Site Visit: Other Permit Conditions Yes No NIA NIE
17. Is the site compliant with other conditions of thepermit? X
Site Visit: Other Water Quality Issues Yes No NIA NIE
18. Is the site compliant with other water quality issues as noted during the inspection? X
State Stormwater inspection Report, Version 3.0 Page I of

State Stormwater Inspection Report
iments
• Engineer's Certification not submitted
Inspection Pictures (some of the pictures taken during the site visit)
attached
Compliance Status ❑ Compliant ❑ Non-Cornl2liant
Letter Sent (circle one): Yes No Letter type: CEI NOV NOVRE Other
Date Sent: 01-27-2011 Reference Number: NOV-2011-PC-0077
Inspector Name and Signature:
Date:
State Stormsater inspection Report, Version 3.0 Page 2 of 2

.^:rrY t sr
; twRiMi
SES
�'� • ` sill L r _
t¢ x W
�� r 1 1 ��rs r �.�.: .'� 4 "t 7�iSu Fa wsr�;•s- '( � �`; $a..l!._ .:3ir
A.R.
w N yrrtr c �, 1 t rV
:1 ,r,l�r�'�`
'l'4 r�1 v, '�` �:� � f` L�7 �.. I'���•y ..•n.Y 'x'�' �y.3- ��� �.'vs`%- "3.ar-•�,} } �� Y ,.,��'�r• � � +. k. �s
r— T°F�,'+
n ..
qf4r"��� �� y'�,L � �i4,. � a^,� s a+��� s��� a'�' ��' ° � ..� � r ��"� i Y"i+ F. �� --� ✓i,� � �L" '
+✓r'r ml" ?-r�ar'.'�'};F't.•:�i..T...�, .�"� 'fir-+.''-E h Fr''Yzr^� r Y�'�' ,:.. .?,._ .. : ,.+}..'>>Y9.YI."f'` .'is -7:7

//�r IS .\
1
Ur
ply
S Poll
� xf
61 Y F
y ,�.a �. �•F� r
E.• - n 1 ���u1,cfS 1��
L "�'i

9
AVGLIS ENGINEERING, P.A.
�� P.O. Box 15564 • New Bern, North Carolina 28561 • [phone]
September 28, 2006
Mr. Joseph Gyamfi
Environmental Engineer
Washignton Regional Office
Division of Water Quality
943 Washignton Square Mall
Washington, NC 27889
RE: Additional Information - Stormwater Review SW7060804
RAM of Eastern North Carolina, LLC
Craven County, North Carolina
AE Project No. 05105
Dear Mr. Gyamfi:
D'VV(J-'WARO
Enclosed please find two sets of revised plans incorporating your comments of September 20,
2006. Also enclosed are the following:
• A USGS Map showing the site, the tributary and the receiving Wilson Creek,
• A copy of the Division of Water Quality document regarding no blue -line stream,
Project ## NRRT-03-0020, November 17, 2003.
• A copy of the U.S. Army Corps Permit to Fill the wetlands, Action ID 200511654.
The pond area shown as 4,032 square feet on Page 2 of the calculations excludes the
lorebay area of 1,260 square feet at this same elevation of 47 feet. Adding the two values
gives a surface area of 5,292 square feet which exceeds the required 4,98 l square feet.
The table is broken down into the forebaylpond components in order to demonstrate the
20% forebay volume criteria.
2. We have added the drainage boundary to Sheet C2.
3. We have added the 404 Wetlands to the drawing Sheet C2. The project will fill all of'
these areas.

4. The pavement on the south side of the building will drain as a " V" shaped swale. I have
clarified this by adding a dashed line labeled as "inverted pavement flowline". The
indicated spot elevations will allow this flow pattern.
A pump will be required to completely drain the pond. We have added a note to Sheet
C5 indicating such (see detail C3IC2/C5).
6. We have replaced Typha Latifolia with Cladium Jamaicense on the vegetative shelf.
7. The pond volume stored between 47 feet and 48 feet is correct as 5,636 CF as shown on
the spreadsheet. Page 2 of the handwritten calculations should read 5,631 CF obtained
by adding the forebay area of 1,260 SF plus the pond area ot'4,032 SF to get 5,292 SF.
Averaging the 47 foot and 48 loot contours gives (5,292 + 5,980) - 2 to get 5,636 CF
stored (very close to 5,636 CF on spreadsheet).
We have added the SHWT information to the soil profile on Sheet C5.
The pond exceeds the minimum size calculated for the depth, and the drawdown data is still
valid.
Some additional information is provided for the project as follows to clarify the drainage area.
An existing stormwater pond and other drainage exists on the adjacent property to
the east. The piping network shown on the southern side of the site is there to
bypass this flow around the site.
Likewise, the piping network on the northern side of the site provides a bypass
mechanism for off -site flow coming from the north in addition to being the pond
discharge route. All off -site flow continues to the same NCDOT 24" RCP under
Glenburnie Road.
We appreciate your assistance with this project. I look forward to meeting you.
Sincerely,
a"L
Avolis, P.E.
Pre de t

¢�gal
Pn�wb,.,ur �,o MuisY_ R{SI�JAGt+
a oil
NORTH CAROLINA 04--PAR—k1%WNT Out
fiI"VMON OF WATERwilACM-d
3kf FCyV Ai V20 lmwT lnlrn a�lxri YSr ,^^am+xz A A ASC+T+ P - ]fAitr. Trvra r-+�
ai.....}�✓XLr rSH .:::£.=... iLt� •J
PRO'f`RMOn AND MAfP1'i'FAKANCE OF KMW f RWAIWAN AREAS
ik 0
VERSION: NE$.3SE eti i ISA Nr'AC2BM-34i [�9x►�•6nA�ti.�C`' ia.,P31..,.Ls a.us,�;
CAT:t31tBA PISA NCAC 2B .0243) RAIPEE&:AN (tSA NC kC 2il3 O-15 j)
'
Ekiaa7'T 1 _ iC 1 0 IF EXELffy T
p
b+rPsnnria: 1 la .so r+ri� f,�oSsre� 7 ! R i' rJ
Wboue Huraher• (Rome) �l�asiness�=sue-- _�� :.���_ � 1993`�
Atid== e .eo
City _ &�w t3 r, state /V4L Zip Z.-5 - o _
Proied Locations Neasr.-i Sinle Rtind_ i' imrmt-'iiel(_lfbpr Body- sue,}
o_k, _1 4wu?.r i
As indicated on attachocl reap initialed by staff on ti 'a
Bc:seription of�jfnpawd Project -
un � s�•+11vtC t [.74
or sits
F-;ufIt
,-.:wd On i:i . YES , ev r p C, No- Cif Vi:rimaav"is iFV, uc iV: %iar deed 1 wm ziie appi'oprWLe iegiotin l offs -con
Th osed project. wizich is to it located and canstnmted as described above Is hereby determined tm
1NOT EXENW T from compliance a of the tquireeeab of the ofosetaenboned rides as it apo4es to settian
_ i A AJGAC 2_ S. 0233 _ _ This delertamstion dory not alleviate the
^��sit; o?;ecco�►�sst:_aan; aitavo *Sts�esiers:, or L,csr! uutls.::�t#iaa. ,
Proprrty Ovrner'slAgenVs
DWQ Official's Signature
Date of Determination
*This project may require a Section 404/401 Permit or a CAMA Permit for the propottd actirity. Inquiries should he directed to the DWQ Central
0MCC at (919) 7313-1706, waahimgtou Oflice at (2Sm) 946.6481, fiatefgb Office at (919) 5714700, Wilosingim OMce at (910) 3953900, Winston Salem
Office st ([phone], Asheville Office at (828) 25t •6z08, rayericvpie Office at (910) 48frr1541, or r dotrr"ipe Mee at [phone].

F WATF
�Q 9p Michael F. Easley, Govemor
�O G William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
❑ `C Alan W. Klimek, P.E. Director
Division of Water Quality
September 20, 2006
Mr. Mitchell Brydge
RAM of Eastern North Carolina LLC
1210 Broad Creek Road
New Bern, NC, 28560
Subject: Stormwater Review SW7060804
RAM of Eastern North Carolina LLC
Craven County
Dear Mr. Brydge:
This office received a Coastal Stormwater Permit application and plans for the subject project on
August 8, 2006. A preliminary review of the project indicates that before a State Stormwater permit can
be issued the following information must be corrected, provided or clarified:
• The provided Surface Area 4,032sf at elevation 47frnsl is less than the required Surface Area
4,981sf for the pond.
• Please provide a USGS Map showing the location of Project site relative to the receiving stream.
• Please furnish this office with any document that shows that the "blue line" status of the receiving
stream has been removed.
• The total drainage area to the pond must be delineated on the drawing. It is understood you're
your application and interpreted from the drawing that the entire project area would drain to the
pond. Please demarcate the drainage boundary and indicate the symbol in the legend.
• Please delineate the existing 404 wetlands on the drawing to show their locations relative to other
existing or proposed structures.
• Provide a copy of the Permit from U.S. Army Corps of Engineers, Action LD. 200511654 that
grants you the authority to fill the entire area covered by the wetlands.
• Please explain how you intend to drain the small area behind the south end of the building. The
curb could be extended to the southeastern end of the building to divert runoff from this area
towards the pond, or you may provide additional spot elevations that would show that the area in
question drains to the pond.
• Drawing C5: On the detailed section of outlet structure, please change the orifice diameter from
2" to 1" as specified in the calculations.
• Could you explain the mechanism specified to drain the pond for maintenance or in emergency
situation? There is no underdrain pipe shown on the drawings, and if a PUMP will be used please
specify.
• We would recommend that the suggested plant Typha Latifolia (Common Cattail) not be
established on the vegetative perimeter shelf, especially as the first plant since it is very dominant
and would not allow other plants to emerge. The Cattail would prevent diversity in plant species
on the shelf, and consequently limit ecological functions.
NOG Car
Na`ture
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
Internet: h2o.enr.state.mus 943 Washington Square Mall, Washington, NC 27889 1.877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper CA

• In the stormwater calculation sheets that were attached, the stored runoff between contours 47
and 48 given on second sheet of the handwritten portion as 4922 cf differs from the value 5636 cf
given on the second sheet of the print out from the spreadsheet.
• The soil profile provided on Drawing C5 did not indicate the depth of the Seasonal High Water
Table (SHWT). The groundwater is interpreted to be approx. at elevation 45 feet. Please provide
an approximate elevation of the SHWT relative to the permanent pool elevation.
The above requested information must be received in this office prior to October 20, 2006 or your
application will be returned as incomplete. The return of this project will necessitate resubmittal of all
required items including the application fee. If you need additional time to submit the required
information, please mail or fax your request for time extension to this office at the Letterhead
address.
You should also be aware that the Stormwater Rules require that the permit be issued prior to any
development activity. Construction without a permit is a violation of 15A NCAC 211.1000 and North
Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day.
Please reference the Stormwater Project Number above on all correspondence. If you have
questions, please feel free to contact Roger Thorpe at 252-948-3923 or Samir Dumpor 252-948-3959.
Sincerely, ''22
Joseph Gyamfi
Environmental Engineer
Washington Regional Office
cc: Joseph C. Avolis, RE
Washington Regional Office

AVOLIS ENGINEERING P.A.
P.O. Box 15564 • New Bern. North Carolina 28561 • [phone]
July 20, 2006
Mr. Bill Moore
Water Quality Section
NCDENR
943 Washington Square Mall
Washington, NC 27889
RE: South Market Square
2109 South Glenburnie Road, New Bern, North Carolina
AE Project No. 05105
Dear Bill:
Enclosed please find our Stormwater permit submittal for the above -referenced project
consisting of the following:
• Stormwater Permit Application (Original and One Copy)
• Project Plans (Two Sets)
• Calculations (Two Copies)
$420 Application Fee
It is requested that the enclosed application be reviewed and approved at your earliest
convenience. Should you have any questions or need any additional information, please do not
hesitate to call.
Sincerely,
Josep Pol,.E.
Presi e t

o�0� war�9Qc
r
P lii41111W'C
July 31, 2006
RAM of Eastern North Carolina, LLC
Attn: Mitchell Brydge
1210 Broad Creek Road
New Bern, NC 28560
Michael F, Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
SUBJECT: Stormwater Application
South Market Square
Dear Mr. Brydge:
Alan W. Klimek, P.E. Director
Division of Water Quality
This office received a stormwater permit application for the subject project on July 26, 2006. A
preliminary review of your project indicates that the'application package is incomplete. The following
items are needed to make the package complete:
$420 check
__._ signature by owner on page 4 of application
2 sets of plans
_ narrative
supplement (wet detention, infiltration basin,
system, underground infiltration trench)
_ signature by owner on supplement form
soils report
low density, curb outlet system, off -site
We are returning the entire package to you. Once the package is complete you may resubmit.
You should also be aware that the Stormwater Rules require that a permit be issued prior to any
development activity. Construction without a permit is a violation of 15A NCAC 2h.1000 and North
Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day.
If you have any questions, please feel free to contact any of the coastal stormwater staff here '
the Division of Water Quality at 252-946-6481.
incerel , �� f
y
Al Hodge, p�10upervisor '7� Cg-
Surface Water Protection
Washington Regional Office
Enclosures
cc: Joseph Avolis, Avolis Engineering, P.A.
WaRO
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mail Phone [phone]
Washington, NC 27889 Fax [phone]
Nne
orthCarolina
Natumli.#
An Equal OpportunitylAHirmative Action Employer— 50% Recycled110% Post Consumer Paper

os�aS
SPECIAL CONDITIONS
Action ID. 200511654 / Brydge & Lee -Incorporated
a) All work authorized by this permit must be performed in strict compliance with the attached plans, which are
a part of this permit. Any modification to these plans must be approved by the U.S. Army Corps of Engineers
(USACE) prior to implementation.
b) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill
or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this
project, within waters or wetlands. This permit does not authorize temporary placement or double handling
of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
c) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this project, in such a manner as to
impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or
wetlands. }
d) The Permittee shall advise the Corps in writing prior to beginning the work authorized by this permit and
again upon completion of the work authorized by this permit.
e) This permit does not authorize temporary placement or double handling of excavated or fill material within
jurisdictional waters, including wetlands, outside the permitted area. Additionally, no construction materials
or equipment will be placed or stored within jurisdictional waters, including wetlands.
i
f) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated
from an upland source and will be clean and free of any pollutants e7:cept in trace quantities. Metal products,
organic materials (including debris from land clearing activities), or unsightly debris will not be used.
g) The Permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of this permit. A copy of
f
this permit, including all conditions, shall be available at the project site during construction and maintenance
of this project
h) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and
wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum
products or any other hazardous waste, the Permittee shall immediately report it to the N.C. Division of
Water Quality at [phone], Ext. 526 or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
i) This Department of the Army permit does not obviate the need to obtain other Federal, State, or local
authorizations required by lai v.
j) The Permittee shall fully abide by all conditions of the Section 401 Water Quality Certification No. 3541,
dated October 13, 2005, issued by the North Carolina Division of Water Quality, which are incorporated
herein by reference. I
k) The Permittee shall use appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual' to assure compliance with the appropriate turbidity water quality standard. Erosion and sediment
control practices must be in full compliance with all specifications governing the proper design, installation
and operation and maintenance of such Best Management Practices in order to assure compliance with the

appropriate turbidity water quality standards. Additionally, the project must remain in full compliance with
all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4).
1) Adequate sedimentation and erosion control measures must be implemented prior to any ground disturbing
activities to minimize impacts to downstream aquatic resources. These measures must be inspected and
maintained regularly, especially following rainfall events. All fill material must be adequately stabilized at
the earliest practicable date to prevent sediment from entering into adjacent waters or wetlands.
m) The Permittee shall remove all sediment and erosion control measures placed in wetlands or waters, and shall
restore natural grades in thos� areas, prior to project completion.
n) No fill or excavation for the purposes of sedimentation and erosion control shall occur within jurisdictional
waters, including wetlands, unless it is included on the plan drawings and specifically authorized by this
permit. !
o Failure to institute and c } arry;out the details of these special conditions, will result in a directive to cease all
ongoing and permitted work within waters and/or wetlands associated with the permitted project, or such
other remedies and/or fines as the District Engineer or his authorized representatives may seek.
p) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers
and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24
hours of the Permittee's discovery of the violation.
Wetland Mitigation Conditions
q) In order to compensate for impacts to 1.02 acres of wetlands the Permittee shall make payment to the North
Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to
perform the restoration of 2.6 acres of non -riparian, forested wetlands in the Neuse River Basin, Cataloging
Unit 03020204.
r) Construction within jurisdictional areas on the property may commence only after the Pennittee has made full
payment to the NC EEP and 'provided a copy of the payment documentation to the U.S. Army Corps of
Engineers, and the NC EEP has provided written confirmation to the Corps that it agrees to accept
responsibility for the mitigation work in compliance with the MOU between the North Carolina Department
of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District,
dated November 4, 1998.
"Note. Habitat type may be described as found in Schafale and Weakley, Classification of the Natural Communities of North
Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979), Classification of Wetlands and
Deepwater Habitats of the of the United States'

DEPARTMENT OF THE ARMY PERMIT
i
Permittee Brydge & Lee Incorporated
Permit No. 20051165E I
Issuing Office Washington Regulatory Field Office
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: Expand South Market�Square commercial center to provide additional retail and commercial facilities.
The proposed work would result in the filling of 1.02 acres of wetlands.
Project Location: The proposed project is located at 2109 South Glenbumie Road (NCSR 1309) adjacent to a man-made,
unnamed tributary flowing to Wilson Creek and the Trent River in the City of New Bern, Craven County, North Carolina
(35.096130 /-77.097392). The project area consists of a 2.43-acre parcel immediately north of the South Market Square
Shopping Center
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2008 If you find that you need more time
to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached. i
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to #abandon it without a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area.
I
3. If you discover any previously u.nlrnown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for Iisting in the National Register of
Historic Places. j
ENG FORM 1721, Nov 86 EbITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this! permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification1as been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
3
6. You must &How representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions: _
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
{ ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X ) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This pen -nit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpertnitted activities or from natural
causes.
b. Damages to the permitted project or uses 'thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2

e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
f
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
LuA&U WOC, *1,,Z42aA.r' A lIE�F fix- -
(PERMITTEE) MITCHEA BRYD E,!BRYDGE & LEE INCORPORATED
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
F
(DISTRICT ENGINEER) JOHN E. PULLIAM, JR., COLONEL (DATE)
When the structures or work authorized by this,
permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be birding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE) i (DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

SITE
�c ,.�' ems'-' •
r� - �.r. � � t '71�i•, '� � �- �~y�_-.- ;. r � - � .laxrrmPwrtr Cfr -"" 1' fa "� i
l T A q T 1
;ram- k-{ :gym+ s��a o �•' � �! ,� �
F -�i:•
f I o3SJ f11 7 1
1 xiaF uronsPFarsi t
�• s
t. t
� fF �.s '[ 4 Specp Fuigc � � 1 I�t 4 �� �i, �`y ��'•
w '
i
Map Source: ©eLorme: North Carolina Atlas and Gazetteer., 2000 p. 78 SCALE V = 2 Mlles
Land Management Group Inc.
Figure 1 Environmental Consultants Glenburnie Road Tract
Site Location Map Wilmington, N.C. Craven County, NC
March 2005

*SITE BOUNDARY LINES ARE APPROXIMATE
AND ARE NOT MEANT TO BE ABSOLUTE.
Map Source: New Berri (1983), N.C., USGS 7.5'Topographic quadrang1b.
Land Management Group, Inc.
Figure 2 Environmental Consultants
1983 Topographic Quad Wilmington, N.C.
I March 2005
A-•
tw
SCALE 1" = 1000'
Glenburnie Road Tract
Craven County, NC
01-G4-258

aw,
RE
Mi
I'D
to
..........................
......................... TV Bull . . . . . . . . . . . . . .
:RS K 0 1
loop
U11911
oil
SAM
"Aw
i..... .....
A — .0 SM
. YV in it,

..........
'Tf
TR! Vi
Wt
- �51
IN
Fj,
4! Ln
'41
FI
n; x,—
q er ..
4p
Vt 1 ;A"
7v
1,q
"l I jL.
;!i 'i Ili'
Ef'
j1p." t
r4, z 7 jj­" ­�V—
OUT,
1Z Uff"
IV
'VP
L All
11 �itj. i " 3 it::
IN
1Z
-®r
1 ­7 1
ir
j
3 P
'qq �Lll
Tqq
;4 L
Lir
............ . .........
141
`I 7i'jl­
ei'
pji
p i.
I L
r.-: Mu
p I
r I«- 's ,rlI� ;�4: I {I.i t. I f r {'i �'I .i �, r 'i; ',e, 7}t .I ''r'+ ,I: :�r' - �5`�4'S�af 'ale �.�7f .`c:'�?' '�..�irl?rrrX
0, M, bill
j:l% �31F
gri lip; -i'
-1 VT:
L;T1 wil
U,
Is'l
O-z"
f 1- -2
-Jr i,
!j-: T 1110r
--t-, - 4
V, Iir� -Kr ii :1 'l r

_ x
I
.x
Ti
1 x 21
I ' 4
J
itit f r+
-�7.:•��
� � t 1 Z
.'1'
i'�' d
Jr
Y
4 � '
r�'� i C r � •-' Ft
R 1
Y ac r� Flr