SW8021208_HISTORICAL FILE_20040306

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW Sid%a r�o
DOC TYPE
El CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
417,94612 3D �P
YYWMMDD

Al Barnes = Carteret County
x ;, q �e �-
Subject: Al Barnes = Carteret County G/)O Af
From. "John P McLean" <jpmcleanpe@tcp2 comma U`
Date: Sat, b Mar 2004 08 42 43 -0500 ,2U
To: "Linda Lewis" <Linda Lewis@ncmail nets 1A
V
Linda,
Al Barnes has been in treatment for cancer I understand he is about 1/2 way through his prescribed
chemo and radiation Yesterday, Friday (03 05 2004)at 2 00 PM, a preconstruction conference was
held with Al, his contractor (L E McNeill) and the surveyor (Charles Rawls, PLS) and me We
decided the first thing to do would be to stake the project so we can meet again to more clearly
discuss it
Although I'm unsure of the constrution schedule I feel like it will be immediately
John
5
1
J J
1 of 1 3/8/2004 7 51 AM

The Shoppes at Cedar Point - Al Barnes
c
Subject: The Shoppes at Cedar Point - Al Barnes
From: "John P McLean, P E " gpmcleanpe@tcp2 com>
Date: Fn, 25 Jun 2004 14 56 28 -0400
To: "Linda Lewis" <Linda Lewis@ncmail net>
v�
Linda, SW8 021208
I visited the Al Barnes site today with the contractor This makes about my 10th trip
down there The sand filter has been filled 90 % There remain several things to do
there The project exterior walls need to be backfilled and some of that is being done
today The outf all connection needs to be made into the DOT catch basin The inlet
flume into the settling pond needs to be constructed (Only rainfall has been allowed to
enter the apparatus to date) The outlet apparatus needs to be put on grade and sod
installed for the vegetative filter
The frame over the sand filter has been constructed, but the top has not been
fabricated The frame of the apparatus to keep sand in the filter was constructed,
but has to be modified
Did you ever send someone to examine what has been done You might give my phone
number to your associate so I can explain the process to him
Hope you're having a decent summer Best, John
1 of 1 6/25/2004 3 29 PM

11,
State Stormwater Management Systems
Permit No SW8 021208
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Al Barnes, Carpet Carousel, Inc
The Shoppes @Cedar Point
Carteret County
FOR THE
construction, operation and maintenance of a sand filter in compliance with the
provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules") and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit
This permit shall be effective from the date of issuance until January 12, 2014, and
shall be subject to the following specified conditions and limitations
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data
2 This stormwater system has been approved for the management of stormwater
runoff as described on page 3 of this permit, the Project Data Sheet The
stormwater control has been desEgned to handle the runoff from 43,736 square
feet of impervious area This sand filter must be operated with a 50' vegetated
filter
3 The tract will be limited to the amount of built -upon area indicated on page 3 of
this permit, and per approved plans
4 All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans
5 The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system Additional
drainage area will require a permit modification
2 of 8

State Stormwater Management Systems
Permit No SW8 021208
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name The Shoppes @Cedar Point
Permit Number SW8 021208
Location Carteret County
Applicant Mr Al Barnes, General Manager
Mailing Address Carpet Carousel, Inc
604-A Cedar Point Boulevard
Swansboro, NC 28584
Application Date November 3, 2003
Receiving Stream/River Basin White Oak River 1 White Oak
Stream Index Number WOK01 20-(18)
Classification of Water Body "SA"
DrainaArea, Acres
gnsite, ft
Offsite, ft2
Total Impervious Surfaces, ft2
Pond Depth, feet
TSS removal efficiency
Bottom Elevation, FMSL
Permitted Surface Area, ft2
Permitted Storage Volume, ft3
Top of Weir Elevation, FMSL
Top of Sand elevation, FMSL
Controlling Orifice
1 004
43,736
0
43,736
15
85% (a 50' vegetated filter is required)
Sediment Chamber Sand Chamber
70 69
573 563
9168 8445
86 --
-- 84
4 even -spaced openings at the bottom of the
weir wall, each 6"H x 24"W
3of8

I
State Stormwater Management Systems
Permit No SW8 021208
11. SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface
2 During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately
3 The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum
efficiency The approved Operation and Maintenance Plan must be followed in
its entirety and maintenance must occur at the scheduled intervals including, but
not limited to
a Semiannual scheduled inspections (every 6 months)
b Sediment removal
c Mowing and revegetation of slopes and the vegetated filter
d Immediate repair of eroded areas
e Maintenance of all slopes in accordance with approved plans and
specifications
f Debris removal and unclogging of outlet structure, orifice device, flow
spreader, catch basins and piping
g Access to the outlet structure must be available at all times
4 Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ The records will indicate the date,
activity, name of person performing the work and what actions were taken
5 Decorative spray fountains will not be allowed in the stormwater treatment
system
6 The facilities shall be constructed as shown on the approved plans This permit
shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data
7 Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation Any deviations from the
approved plans and specifications must be noted on the Certification A
modification may be required for those deviations
8 If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility
9 At least 30 days prior to the sale or lease of any portion of the property, the
permittee shall notify DWQ and provide the name, mailing address and phone
number of the purchaser or leasee
10 An access/maintenance easement to the stormwater facilities shall be granted in
favor of the permittee if access to the stormwater facilities will be restricted by
the sale or lease of any portion of the property
4of8

State Stormwater Management Systems
Permit No SW8 021208
11 The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below
a Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc
b Project name change
c Transfer of ownership
d Redesign or addition to the approved amount of built -upon area or to the
drainage area
e Further subdivision, acquisition, or sale of all or part of the project area
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
Pilling
was sought
f Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan
12 The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction If the proposed
BUA exceeds the amount permitted under this permit, a modification to the
permit must be submitted and approved prior to construction
13 A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction
14 The permittee must maintain compliance with the proposed built -upon area and
ensure that the runoff from all the built -upon is directed into the permitted
system
15 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
16 The permittee must maintain the current permitted built -upon area and drainage
area No additional built -upon area or runoff from outside of the permitted
drainage area boundary may enter the permitted stormwater facilities without first
applying for and receiving a permit modification
III GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director
In the event of a change of ownership, or a name change, the permittee must
submit a formal permit transfer request to the Division of Water Quality,
accompanied by a completed name/ownership change form, documentation
from the parties involved, and other supporting materials as may be appropriate
The approval of this request will be considered on its merits and may or may not
be approved The permittee is responsible for compliance with all permit
conditions until such time as the Division approves the transfer request
2 Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215 6A to 143-215 6C
5 of 8

State Stormwater Management Systems
Permit No SW8 021208
3 The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction
4 In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems
5 The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility
fi The permit may be modified, revoked and reissued or terminated for cause The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition
7 Unless specified on the approved plan or elsewhere, permanent seeding
requirements for the stormwater control must follow the guidelines established in
the North Carolina Erosion and Sediment Control Planning and Design Manual
8 Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit
9 The permittee shall notify the Division any name, ownership or mailing address
changes within 30 days
Permit issued this the 12th day of January, 2004
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
^ an W Klimek, P E Director
Division of Water Quality
By Authority of the Environmental Management Commission
6 of 8

State Stormwater Management Systems
Permit No SW8 021208
The Shoppes @Cedar Point
Stormwater Permit No SW8 021208
Carteret County
Designer's Certification
1, , as a duly registered
in the State of North Carolina, having been authorized to observe (periodically/ weekly/
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications
The checklist of items on page 2 of this form is included in the Certification
Noted deviations from approved plans and specification
Signature
Registration Number
Date
SEAL
7 of 8

State Stormwater Management Systems
Permit No SW8 021208
Certification Requirements
1 The drainage area to the system contains approximately the permitted
acreage
2 The drainage area to the system contains no more than the permitted
amount of built -upon area
3 All the built -upon area associated with the project is graded such that the
runoff drains to the system
4 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,
and a forebay
15 The required system dimensions are provided per the approved plans
cc NCDENR-DWQ Regional Office
Katrina Marshall, Carteret County Building Inspections
8 of 8

The Shoppes @Cedar Pointe
Subject: The Shoppes @Cedar Pointe
From: Linda Lewis <Linda Lewis@ncmail net>
Date: Mon, 12 Jan 2004 11 14 16 -0500
To: "John P McLean, P E " <jpmcleanpe@tcp2 com>
John
I've redlined some of the details on the plans to make the plan clearer as to what
detail is referenced Please update your construction drawings with this
information, but you do not need to resubmit them I can use the marked up
drawings as the approved plans
The accepted way to label details (which I learned at DOT) is to draw a circle
with a horizontal line through the middle, as you have done Assign a number or
letter in the top part such as 1, 2, 3, or A, B, C, and then refer to the plan sheet
number where the detail can be found in the bottom part So, the detail you have
labeled as "a 2/3" should really be "a3/3" since the detail for that drawing is
found on sheet 3 of 3 Additionally, I noted the location of the proposed sand filter
on sheet 1 of 3, and added a reference to see detail "c 3/3 ", to details "a 3/3" and
"b 2/3" for the outlet at the bottom of the sand chamber
Thanks for referring to my April 13 email I thought I made a mistake when
calculating the required areas and volumes, but now that I think back, we allowed
the use of only the impervious area as the drainage area, since there was no room
left on the site for more filter You've utilized the available space and that's all it
will handle, so 43,736 is the drainage area I used
The permit should follow in a few days
Hope you have a great retirement It's been a pleasure knowing and working with
you
Linda
1 of 1 1/12/2004 11 16 AM

Re Assisted Care at Waterford
Subject: Re Assisted Care at Waterford
From: "Davis Fennell" <davis fennell@capefearengineering com>
Date: Mon, 12 Jan 2004 10 59 34 -0500
To: "Linda Lewis" <Linda Lewis@ncmail net>
Y will forward these items as soon as possible
----- Original Message -----
From Linda Lewis <Lznda.Lewis@ncmail net>
To Davis Fennell <davis fennell@capefearenganeering com>
Sent Friday, January 09, 2004 3 51 PM
Subject Assisted Care at Waterford
Davis
Our policy is to not permit offsite projects until the offs1te
facility
(SW8 020510) has been certified by a design professional and the
deed
restrictions are recorded and submitted Our records indicate
that the
wet pond system at Waterford has not been certified yet, and a
copy of
the recorded deed restrictions has not been submitted
In order to accept the project for review, please provide these
items
Linda
1 of 1 1/12/2004 11 17 AM

•'ram
If,

w
John P. McLean Engineering Associates
106 Manatee Street
Cape Carteret N C 28584
TEL [phone]
FAX [phone]
E-mail. jpmcleanpe@tcp2 com
October 28, 2003
Ms Linda Lewis, Engineer
DENR - Water Quality
127 Cardinal Drive Extension
Wilmington, N C 28405
Re. Al Barnes - Storm Water Management Plan - SW8 021208
Dear Ms Lewis,
In reply to your letter of October 1, 2003, I offer the following.
20C
J 7 --
NQ
3 2003
1 The distance from the project to the intersection of
NC 24/NC58 is 17 miles It is noted on the vicinity map
2 The 43,736 square feet is the maximum total amount
future impervious area as you assumed
3 The top of sand in the filter has been revised to + 8 4'
Please examine Sheet 2/3 which has an added detail at the
bottom of the page (within the box) which has the cross-section
through the sediment chamber and the filter chamber showing the
weir between both
4 Section a -a on sheet 3/3 has now been "re -labeled" to show it came
from 2/3 It's more difficult to write it than to seethe actual detail
5 The vegetated filter has now been labeled on the detail above
6 Please examine my attempt to label the details
7 The elevation of the top of sand (+8 4) and the elevation of the
bottom of the sand filter (+6 9) are shown on detail Section a -a,
Sheet 3 of 3
8 Good idea, the panels have been noted as hinged
9 The openings have been restricted to 4 each at 2 feet wide Please
examine the attached detail (on sheet 3/3)

10 This ,s my first and my last experience with "sand filters" As you
may remember, I identified "impervious areas" and you and Rick
responded with certain requirements (e-mail dated April 15, 2003) I
don't want to cause waves, but please review your correspondence and
mine and let's have a meeting of the minds, so the existing plans can
be approved as they are submitted I have been at the task which I
do since 1972 and I'm not taking any new work As soon as I finish
the seven or eight sobs at hand, I'm retiring I won't be doing any
new work, only those ,lobs that are in the pipeline If you wish, I'll
discuss this jointly with you and Rick over the telephone
11 The swale has been redesigned and flattened out as requested
12 A plan of 2 dimensions have been prepared by Charles Rawls and is
submitted herein showing the dimensions of the building and parking
and sidewalks
Attached you will find two copies of the revised plans Thank you for your
continued review and comments
Sincerely,
hn P McLean, P E
losures 2 copies of plans
fi le A18arnesTrarnsl0 30 03

OF W A TFy Michael F Easley, Governor
' Q� 0 William G Ross Jr Secretary
North Carolina Department of Environment and Natural kesources
3 __q Alan W Klimek P E ,Director
0 Division of Water Quality
Coleen H Sullins, Deputy Director
Division of Water Quality
October 1, 2003
Mr Al Barnes, General Manager
The Shoppes at Cedar Point, LLC & Carpet Carousel, LLC
604-A Cedar Point Boulevard
Swansboro, NC 28584
Subject Request for Additional Information
Stormwater Project No SW8 021208
The Shoppes at Cedar Point
Carteret County
Dear Mr Barnes
The Wilmington Regional Office received a Stormwater Management Permit
Application for The Shoppes at Cedar Point on August 11, 2003 A preliminary review
of that Information has determined that the application is not complete The following
information is needed to continue the stormwater review
1 Please add the nearest intersection of two major roads to the vicinity map
on the plans
2 Is the 43,736 ft2 future BUA for Tracts I and II in addition to the 38,276 ft2
currently existing, or is it a maximum total amount? The calculations
appear to use it as a maximum amount
3 The weir Inverts in the block wall between the sediment chamber and the
sand filter are set at 8 6 according to the detail on sheet 3 of 3 However,
the sand filter chamber profile detail on sheet 2 of 3 indicates that the top
of the sand is at elevation 8 8, or 0 2' higher that the weir invert This is not
possible Please either lower the top of sand elevation to 2" below 8 6, or
raise the weir Invert to 2" above 8 8 It would be very helpful to add a
section detail through the sediment chamber and sand filter chamber with
the weir wall in between
4 Please show the arrows, which delineate where Section a -a came from,
on sheet 3 of 3
5 Please label the vegetated filter on Section a -a
6 Due to the number of details, confusion can be avoided on the part of the
contractor by numbering the details and referring to the correct detail
number in the plans
7 Please show the top of sand elevation in Section a -a A minimum of 18" of
sand is required, measured from the bottom of the sand filter
8 The panels on the sand filter should be hinged to make inspection and
maintenance access easy
s+*N C Division of Water Quality 127 Cardfpa! Dave Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]

Mr Barnes
Page 2 of 2
October 1, 2003
9 I'm not sure, but it appears that the outlet from the sand filter chamber to
the vegetated filter is a continuous 6" opening at the bottom of the wall Is
this correct? Why have you selected this method rather than a few 6"
orifices through the wall?
10 Please indicate in the calculations how the minimum volumes and areas
for the sand filter and sediment chamber were determiped The minimums
should be based on 540 ftz of surface area per acre of drainage area and
810 ft3 of volume per acre of drainage area, to account for the 1 5"
design storm If the drainage area is 14 acres, as noted on the
application, the provided areas and volumes are deficient The consultant
appears to have forgotten the "per acre of drainage area" part and simply
used 540 and 810 as the minimums If the drainage area is 1 acre, then
these minimums are sufficient
11 Please remove the 2" inverted swale in the vegetated filter, and grade the
swale with a flat profile across the narrow width, gradually sloping toward
the DOT inlet
12 Please provide two dimension plans without the drainage area boundary
showing the dimensions for the budding, parking and sidewalks, etc
Please note that this request for additional information is in response to a
preliminary review The requested information should be received by this Office prior to
November 1, 2003, or the application will be returned as incomplete The return of a
project will necessitate resubmittal of all required items, including the application fee
If you need additional time to submit the information, please mad or fax your
request for a time extension to the Division at the address and fax number at the bottom
of this letter The request must indicate the date by which you expect to submit the
required information The Division is allowed 90 days from the receipt of a
completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance
under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-
215 1 and is subject to enforcement action pursuant to NCGS 143-215 6A
Please reference the State assigned project number on all correspondence Any
original documents that need to be revised have been sent to the engineer or agent All
original documents must be retumed or new originals must be provided Copies are not
acceptable If you have any questions concerning this matter please feel free to call me
at [phone]
Sincerely,
Linda Lewis
Environmental Engineer
RSSlarl S1WQSISTORMWATIADDINF0120031021208 oct03
cc John McLean, P E
Linda Lewis

Shoppes @Cedar Point 021208
.A
Subject: Shoppes @Cedar Point 021208
Date: Tue, 15 Apr 2003 12 24 26 -0400
From: Linda Lewis <Linda Lewis@ncmail nett
Organization: NC DENR
To: "John P McLean, P E " <jpmc1eanpe@tcp2 com>
CC: Rick Shiver <Rick Shiver@nemail net>
Dear John
Rick and I have reviewed and discussed your options for treating the
stormwater at this site Since the parking areas are so close to the
property lines, and the septic drainfield takes up most of the open
property, your only feasible option is sand filters located along the
west edge and in the north driveway, and illustrated on the drawing I
will be faxing to you in a minute Both require very little demolition
of the existing curbing and pavement However, if you see something else
that could be done, let's please discuss its feasibility
Based on the 43,736 sq ft of pavement, the sand filter must provide at
least 720 sq ft of surface area (360 for each side) and at least 1080
cubic feet of volume (540 for each side) to accomodate the 1" design
volume, per the sand filter design criteria in the BMP manual
understand from Rick that you have indicated this project, while
within 112 mile of Bogue Sound (SA), will drain to the White Oak River
I have requested staff in the central office to fax me the SA boundary
maps for the White Oak River and the Restricted Area to be certain that
the project is not within 112 mile of and draining to an SA water The
White Oak River from Hunters Creek to the ocean is SA, but the river
above Hunter's Creek is SC I was not able to locate Hunters Creek on my
topo maps If I find that the project is within 112 mile of and draining
to the SA part of the White Oak, I will notify you
Have a blessed Easter
Linda
1 of 1 4/15/2003 3 51 PM

P 1
x 3 12 26PM ) * * *
* OOMMUNICATION RESULT REPORT APR 15 2 TTI NCDENR WIRO
r
RESULT _----PAGE_-.
OPTION __ADDRESS_(CROUP)�_�______________-- ----- p 3/3
FILE MODE
T------------------------------- 3-25239324b3
W746 MFMORY T
REASON FOR ERROR
E-33 NONG�1-NSWERR LINE FAIL
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of NorLh Carolina
Department of Environment and Natmal Resources
Wilmington Regional Office
Michael F Easley, Governor
William 0 Roes Sr,, Secretary
FAX COVER SHEET
Date: No. Of Pages: 3
To: L From: GAAS --
CO: CO:
Fax #: 3 F'AX#: 910-3sO-2oa4
REMARKS:
127 OaMnal Drhe Tsactension, Wilmington, N,C 2940WO43 Telophene (90) 395a9H Fax [phone]%
An EgUal opportunity AMrmative Action Employer

It
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F EasIey, Governor William G Ross Jr, Secretary
FAX COVER SHEET
DZIZvS
Date: 4 -4S-o3
To: �'C t Re.Le2 n
CO:
FAX #: � 34 _ - Z4& 3
REMARKS:
No. Of Pages: 3
From: L,Od2 ew#:5
CO:
FAX#: [phone]
Poi
127 Cardinal Drive Extension, Wilmington, N C 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

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Re 021208 Shops @Cedar Point
Subject: Re: 021208 Shops @Cedar Point
Date: Mon, 04 Aug 2003 12 35 22 -0400
From: Linda Lewis <Linda Lewis@ncmail net>
Organization: NC DENR
To: "John P McLean, P E " <jpmcleanpe@tcp2 com>
John
No, I don't have the envelope Most times, my mail is opened for me and the
contents are placed 1n my office The people who open the mail though, are very
thorough and know to double-check the envelopes for checks before throwing them
away
Please ask Mr Barnes to check with this bank to see if the check has cleared
The package was received on July 23, and we make deposits almost every day If
it hasn't cleared by now, we didn't get It
Linda
"John P McLean, P E " wrote
> Linda,
> Although I've been out of the office this morning, Al Barnes called and
> left a message on my machine He said " I personally placed the check in
> the package and mailed it The check # is 1160" 1 have not called him,
> but he seemed to be quite sure he marled the check
> Obviously, I don't know anything else Do you still have the envelope 9
> Could it be in it 9 If we need to send another check, 171 suggest he
> stop payment and send another
> Thanks, John
> ----- Onginal Message -----
> From Linda Lewis <Linda Lewis@ncmail net>
> To John P McLean, P E <1Pmcleanpe@tcp2 com>
> Sent Monday, August 04, 2003 8 02 AM
> Subject Re 021208 Shops @Cedar Point
> > John
> > I'm so sorry to hear about your nephew I say extra prayers for his
> > recovery I haven't heard anything from Mr Barnes yet
> > Linda
> > "John P McLean, P E " wrote
»
> > > Linda
I of 2 8/4/2003 12 35 PM

Re 021208 Shops @Cedar Point
> > > Things are in a bit of turmoil for me nght now 1 returned to Cape
> > > Carteret last night after several days of vacation My nephew has a
> > > shattered C-5 and has been paralyzed from the chest down, since Fnday
> > > night His immediate surgery is Tuesday
> > > 1 sent a FAX to Al Bames and reminded him to forward the check for S
> > > 420 00
> > > Since there is no pnor application, 1 assume it is due Please let
> me
>>>know
> > > John
» >
> > > ----- Onginal Message -----
> > > From Linda Lewis <Linda Lewis@ncmail net>
> > > To John P McLean, P E <jpmcleanpe@tcp2 com>
> > > Sent Friday, July 25, 2003 104 PM
> > > Subject 021208 Shops @Cedar Point
>> >> John
> > > > Was Mr Bames supposed to include a check for S420 00 with the
> > > > applications There is no check attached to the application, again
> > > > Linda
2 of 2 8/4/2003 12 35 PM

SUMMARY OF DEVICES
The Shoppes at Cedar Point - July 20, 2003
Parking Lot Enters Sediment Basin Ele = + 9.0 feet
Inlet Elevation = + 9.0'
Sediment Chamber Overflow Weir = + 8.80'
Total Overflow (Top of Device) _ + 8 85'
Bottom of Sediment Chamber (concrete floor) = + 7.3'
Sediment Basin Area = 572.64 sq. ft. Min Req'd = 540 sq. ft.
Sediment Basin Volume = 916.22 cu.ft. Min Req'd = 810 cu. ft.
Runoff Flows into Sand Filter at Ele. + 8.80'
Bottom of Sand Filter at outlet = + 7.2'
Sand size (less than 2mm)
Sand Filter Basin Area = 563 11 sq ft. Min Req'd = 540 sq. ft.
Sand Filter Basin Volume = 844.65 sq. ft. Min Req'd = 810 sq. ft.
Vegetated Filter 3.75' x 85' +/- , inverted swale (centipede sod)
Accepts flow from sand filter at Ele. + 7.0'
Flow enters Catch Basin at Ele. + 6.5
RECEIVED
Ale BameV 20 03
AUG 1 12003
DW
PRoJ # W-FozI Z03
PAC
14691L

July 20, 2003
NARRATIVE
SW8 021208
Carteret County, N C
The Shoppes at Cedar Point is a project on NC 24 in Carteret County
which was started in the fall/summer of 2002. The land disturbance
exceeded one acre and it was reported as a NOV in December of 2002.
When it was reported, the parking lot was already paved and the
commercial building was already constructed.
On December 27, 2002, a plan of Sedimentation and Erosion Control
was forwarded to Dan Sams (DENR-LQ). The plan was approved
February 4, 2002. After LQ approval, various attempts to exempt
the plan for LQ jurisdiction were discussed including the argument of
separate parcels, each less than one acre.
Suggestions from DWQ for a sand filter have been the most viable
solution for the dilemma. The attached plan is based on BMP, a sand
filter.
Charles Rawls (PLS) has determined the areas made impervious for
tracts 1 and 2. At Build Out, both tracts combined will have an
impervious surface area of 43,736 sq ft After reporting that total,
Linda Lewis had a report from staff that proximity to the White Oak
River (SA) would increase the requirements of area and volume of the
filter and sediment basin The specific quantity of sediment basin is
540 sq. ft. and the size of the sand filter is 540 sq. ft.. The volume of
each basin is 810 cubic feet (sediment basin and sand filter).
The site is very limited in shape and size for these basins. There is no
set back from the north side of the property (NC 24), so all
improvements must be done on the west side of the property (Hill
Street).
Because the parking lot is already paved and the remaining site is
already vegetated, extensive construction for this filter installation will
require the removal of rock, asphalt and the excavation of soil located
under the rock and asphalt. Subsequent construction of the two

basins will be required. Both basins will have concrete floors and
walls. The basin shapes will be irregular. If a definite proportion
ratio were required for this project, it would remove parking on the
west side of the building and it would possibly remove access to Hill
Street. Three parking spaces remain where the basins will be built.
The sediment basin will have the following dimensions:
3.75 feet wide channel x 38.8 feet long plus a chamber which is
23.73 feet long and 23,73 feet wide. These two areas total 572.64
square feet as shown on the drawings. The requirement is 540 square
feet The depth of the sediment chamber is 1.5 feet (minimum).
There will be a fence erected around all chambers. There is a
proposed wall (common to the sediment chamber and the filter) which
is constructed particularly so flow can enter the sand filter over a series
of 5 inch wide weirs set at elevation + 8.8 feet. The wall is detailed on
Sheet 3 of the drawings.
The sand filter basin will have the following dimensions:
23.73 feet wide by 23.73 feet long. That area totals 563.11
square feet. The requirement is 540 square feet. The depth of the
sand is 1.5 feet. The sand must pass the 2 mm screen. It must be
clean washed and there shall be a cover on the glter, constructed of
aluminum plate panels (4' x 9% hinged for ready inspection, access or
cleaning. When the stormwater runoff exits the sand filter, it shall be
via a 6" wide opening across the entire 23.73 foot width, located at the
bottom of the sand filter as detailed. The opening shall be covered
with an aluminum frame with geotextile fabric to keep the sand filter
inside the filter, yet permit flow of water as needed.
The vegetative filter is a final obstacle to overcome. It shall be
constructed in the space available (3.75 feet x 85 feet +/-). The filter
shall be sloped from an elevation of 7.0' to an invert into the catch
basin of + 6.5'. There is a 2" inverted swale in the sod as detailed on
the drawing.

THE
WORKS OF ENGINEERS' MANUAL
OR RALPH G. HUDSON
ptML19IIE0 HY BY
i WILEY & SONS, rac. RALPH G HUDSON, S B ,
E)Ltrmws PROrrSSOR or ELECTRICAL ENGINEERING
etrfcitp 3rd Edition A concise ex
Of the principles and applications of Alassachuselts lwhtute of Technology
r and magnetism designed for eiemen.
trod uctory college courses 284 pages,
27 figures 1•lexible cover
Ranuid and Fdagon A consolidation
incipal formulas and tables of )L[ath-
fechanics Flydrauhcs Heat and $lec-
qo pages 5 X 71 236 figures I lexlble
fathematics With the late JosEPn
r Priming
Iltaon of the principal formulas and
W-tlhematics i35 pages S X 7} 39r lexibli, cover SECOND EDITION
rals With the late JoSLpa LIPgA
i table of derivatives table of lnte-
iral logarithms trigonometric and
functions 23 pages 5 X 7f Paper
JOHN WILEY & SONS, INc.
NER YOR$ • LOIDON • SYDNEY

10

148 Hydraulics I Weus 149 r '
constant cross-section from an initial head of jil feet over the
orifice to a final head of hz feet
(—+i 1/hzlz feet.
581 Jim = z j
Theoretical discharge (Q) over a rectangular weir b feet in
width due to a head of H feet over the crest
582 Q = 3 b 2 g H1 cubic feet per second
NoTr If the velocity head due to the .elocity of approach v feet per
second in the channel back of the v eir is h feet Q = 3 b V2 g [(H + h)?— A
cubic feet per second I he actual discharge may be obtained b} niultipl) ing
the theorctiud dixharge by a cocffioicrit c whioli vanes from o 60 to o 63 for
contracted vreirs and from o 62 to 0 65 for suppressed weirs
Francis Formula for discharge (Q) over a rectangular weir b
feet in width due to a head of H feet over the crest
For a suppressed v�eir
583 Q = 3 33 bHl cubic feet per second
For a suppressed weir considering the velocity head h due to
the velocity of approach
584 Q = 3 33 b [(H + h)l — h3] cubic feet per second
For a contracted weir
585 Q = 3 33 (b — 0 2 H) H1 cubic feet per second
For a contracted weir considering the velocity head h due to
the velocity of approach
586 Q = 3 33 (b — 0 2 H) [(H + h)l -- Jill cubic feet per second
NOTE In case contraction occurs on only one side of the weir the term
for width becomes (b — o i H)
Bazui Formula for discharge (Q) over a rectangular sup-
pressed weir b feet in width due to a lead of H feet over the
crest and a height p feet of the crest above the bottom of the
channel 587 Q = 10405+o o8411 +055 +H)2I b Zgg Hl
cubic feet per second
Fteley and Stearns' Formula for discharge (Q) over a sup-
pressed weir b feet in width due to a head of H feet over the
crest
588 Q = 3 P b Hl + o 007 b cubic feet per second
NOTE Considering tho velocity heal h clue to the .clocity of approach
Q = 3 31 b (H + r 5 0 + o oory b curio fccL l)Lr second
Hamilton Smith Formula for discharge (Q) over a rectangular
weir b feet in width duc to a mead of H feet over the crest, if the
coefficient of dischargc it, c
NoTr A table on pdLL 3o3 gibes Nalues of c for both suppressed and con-
tracted %%sirs
For i contracted or a suphresscd %,(_ii (c to be properly chosen
for the type of weir)
589 Q = c "'i b -/2—g Hl cubic feet per second
NOTE For a suppressed «cir cons)dering the volooity nead h due to the
elocity of approach, Q — c2 b 2 gg (H + 4 h)3 cubic feet per second Fora
contracted weir considering the velocity head h due to the velocity of ap-
proach, Q = c} b "142-9 (H + 1.4 h)3 cubic feet per
second
Discharge (Q) over a triangular weir, —
with the sides making an angle of a de-
grees with the vertical, due to a head of H Fic 590
feet over the crest
590 Q = c -a tan a V2—g H1 cubic feet per second
NOTE If a = 45' (go' notch), Q = z 53 H1 cubic feet per second
Discharge (Q) over a trapezoidal weir Compute by adding
the discharge over a suppressed wcii b fcct in width to that over
d
Fio 59ra. Fro 5911b
the triangular weir formed by the sloping sides A general
solution is obtained by summini; up the discharges through a

W
"'41
r_'127 John P. McLean Engineering Associates
July 20, 2003
Ms Linda Lewis, Engineer
DENR - Water Quality
127 Cardinal Drive Extension
Wilmington, N C 28405
106 Manatee Street
Cape Carteret N C 28584
TEL [phone]
FAX [phone]
E-mail ,Ipmcleanpe@tcp2 com
Al Barnes - Storm Water Management Plan - SW8 021208 -
Dear Ms Lewis,
The project has been ongoing for several months The background is included in
the narrative which is attached There are 2 copies of enclosures
Please advise if there are comments or questions
Sincerely,
hn P McLean, P E
Enclosures: SWU-101 (4 sheets)
plans (3 sheets)
Calculations
Narrative
Check.fom$L420 00io'
Site Map of Cedar Point
Operation and Maintenance Plan
CC' Charles Rawls, PL5
file A]BarnesTrans7 20 03

Re Shoppes @Cedar Point
Subject: Re: Shoppes @Cedar Point
Date: Wed, 9 Jul 2003 12 35 23 -0400
From: "John P McLean, P E " <jpmcleanpe@tcp2 com>
To: "Linda Lewis" <Linda Lewis@ncmail net>
Linda,
I'm at the 95 % point of making an application I will submit everything
next week
John
----- Original Message -----
From Linda Lewis <Linda Lewis@ncmail net>
To John P McLean, P E <jpmcleanpe@tcp2 com>
Sent Wednesday, July 09, 2003 10 41 AM
Subject Shoppes @Cedar Point
> John
> What is the status of this projects It has been almost 2 months since
> our last correspondence, and you have not submitted an application yet
> Please advise
> Linda
1 of 1 7/9/2003 4 29 PM

Al Baines - Cedar Point
Subject: All Barnes - Cedar Point
Date: Thu, 24 Jul 2003 09 20 37 -0400
From- "John P McLean, P E " <jpmcleanpe@tcp2 com>
To: "Linda Lewis" <Linda Lewis@ncmail net>
Linda,
I delivered the plans and specs to Al Barnes on Monday, ready to mad, and asked him to sign in front of a notary
and send a check for $ 420 for the processing fee
I would like to know if you don't receive it
John
1 of 1 7/24/2003 9 29 AM

Re A] Barnes
Subject: Re: Al Barnes
Date: Tue, 13 May 2003 16 28 41 -0400
From: Linda Lewis <Linda Lewis@ncmail net>
Organization- NC DENR
To. "John P McLean, P E " <jpmcleanpc@tcp2 com>
John
Are you saying that the runoff will enter the sediment chamber via piped connections9
There has to be some sort of "top or lid" over the "sand" side of the system Runoff must enter through
the sediment chamber and overflow into the sand filter Direct runoff into the sand filter is not allowed
Will the entire thing be underground and covered, like a septic tank? I guess a sand filter can be similar
to a septic tank, the flow comes in one side, the solids settle to the bottom and the liquid overflows the
weir in the middle, then out A sand filterjust has sand in the second chamber, and less weir length
l
The project has already been determined to be wilthm 1/2 mile of SA waters, therefore, a 50' vegetated
filter is required The width of the filter is determined based on what is needed to provide a non -erosive
flow for the 10 year storm If your calculcations demonstrate that a 2' width will provide that
non -erosive flow, then Twill be fine
Linda
"John P McLean, P E " wrote
Linda, Thanks for the help getting started on Al Barnes (Cedar Point) I have worked
on his plan and Have the following comments There will be no "top or lid" on the device,
since it is 14 feet wide x 23 feet long (sediment chamber) and since the filter is 10
feet wide and 27 feet long I presume that's OK My area and volume are
truly EXACT with not much wiggle room which leads to a big, big question Do I
need a vegetative filter > If yes, what would be the least width 7 2 feet'? If no,
then what I've done is probably OK because I am completely out of room (without the
filter) If I do have to have a vegetative filter, then I must take at least another
parking space to shift areas and volumes John
1 of 1 5/13/2003 4 30 PM

P 1
COMMUNICATION RESULT REPORT ( MAY 7 2003 8 36AM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
-----------------------------_----------_------------------------------------------------------------
218 MEMORY TX 82523932463 OK P 1/1
REASON FOR ERROR
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FAX
John P. McLean Engineering Associates
106 Manatee Street
Cape Carteret, N C
Te1-252-393-2219
F AX.252-393-2463
E-mail [e-mail]
DATE: 15/1105j Number of Pages (Including cover) G
TO: L W DA LCW 15 r W6I�JECZ
FAX: °) 10 — �.qD- 240 4
REFERENCE
MESSAGE
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Sent By It HP LaserJet 3100, 2523932463, May-5-03 9 11AM, Page 2
John P. McLean Engineering associates
106 Manatee Street
Cape Carteret N C 28584
TEL [phone]
FAX [phone]
E-mail jRmgleanpg @tcl?2.cqm
May 5, 2003
Ms. Linda Lewis, Engineer FAX [phone]
bENR - bWQ
127 Cardinal Dave Extension
Wilmington, N.0 28405
RE' SW8021208 - Al Barnes
Linda,
The parking lot and adjacent parking lot grade information was supplied by Charles
Rawls last week and I have developed a preliminary design Please consider these
things,
The area requirement is 540 square feet (each side) of sand filter. I propose a
channel 3.75 feet wide 56.81 feet wide to a point where it must become 14.05'
wide by 23 73 feet long That provides 543.14 square feet aria The return will
begin at a base of 10.6 feet wide by 27.48 feet long and it will continue until it
enters a channel 3 75 feet wide and 72 03 feet long That area provides for
559 59 square feet The reason I've used these sizes is the loss of two parking
spaces in a corner rather than taking an entire strip of uniform width, which would
be a huge impact on the parking on the west side of the structure
The volume requirement is the area shown above at a depth of 1.5 feet That
depth meets a volume requirement of 810 cubic feet (each side.) The entire
bottom of the channel would be a concrete slab, set on a slope of .5%
The Practical Manual for Planning and Designing Urban RMP's i,s part of my library
and there is no mention of 'sand filters", so I'm working without the benefit of
your knowledge. I have designed recirculating sand filters for waste water, but

Sent By, HP LaserJet 3100, 2523932463, May-5-03 9 11AM, Page 3
the sand for that application is very expensive and can only comp: from one quarry
in North Carolina, Hoffman Please help me with sand size. My source near New
Bern (Clarks) suggests 2MS sand which sieve analysis is included herein.
DESIGN CRITERIA
The concrete floor of the channel should be sloped at .5% grade Concrete block
wails should be sloped to match an elevation of 6" higher than the surrounding
grade. The filter sand will beat least 15 deep, with a sled surface I will
provide a frame and grate at the entry point, but it gives me concern about erosion
when a gully washer comes I believe there might be deposits of the media near
the outlet overflow. I realize the sand will remain clean for along time from a
parking lot runoff, but what about wind born debris, grass clippings and deposits ?
I'm not certain this is very clear, but I wanted you to see the preliminary drawings,
which I am forwarding via FAX
I'm cannot proceed unti I these issues have been addressed
Sincerely,
ynP McLean, P.E
Enclosure. portion of plan
sieve analysis of proposed sand
cc Katrina Marshall, D4r of Planning & Development FAX [phone]
Al Barnes, Managing Partner FAX [phone]
Charles Rawls, PLS FAX [phone]
Rich Shiver, Regional Director, DENR-DWQ FAX [phone]
F&AUhm-mFT aw&4 3

Sent By; HP LaserJet 3100,
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Re 021208 Shoppes at Cedar Point
Subject Re- 021208 Shoppes at Cedar Point
Date: Thu, 17 Apr 2003 16 34 42 -0700
From: "John P McLean, P E " <jpmc1eanpe@tcp2 com>
To: "Linda Lewis" <L1nda Lewes@ncrnail net>
Thanks for you help It's going to be Interesting Hope you have a
good Easter weekend
John McLean
----- Original Message -----
From Linda Lewis <Linda Lewis@ncmail net>
To John P McLean, P E <jpmcleanpe@tcp2 com>
Sent Thursday, April 17, 2003 12 45 PM
Subject 021208 Shoppes at Cedar Point
> John
> One more thing to consider over the Easter holiday 1 received the faxed
> classification information 1 was waiting on from Raleigh The White Oak
> is SA from the Jones County line to the Atlantic Ocean This project, as
> best I can tell from the vicinity map, is within 112 mile of the SA part
> of the White Oak, which means the design storm is 1 5" My previously
> faxed size information for the sand filters will need to be increased
> appropriately to account for the increased design storm
>
> Linda
1 of 1 4/23/2003 8 18 AM

Re Al Barnes
Subject: Re: Al Barnes
Date: Tue, 29 Apr 2003 11 49 19 -0700
From: "John P McLean, P E " <jpmcleanpc@tcp2 com>
To- "John P McLean, P E " <jpmcleanpe@tcp2 com>
CC: "Linda Lewis" <Linda Lewis@ncmail net>, "Charles Rawls" <rawlssur@tcp2 com>
I intended to sent a copy of this to Charles Rawls and Linda Lewis Thanks John
----- Original Message -----
From John P McLean, P E
To Rick Shiver
Sent Tuesday, April 29, 2003 11 47 AM
Subject Re All Barnes
Rick,
I spent last week in Charlotte with grandchildren and returned yesterday 1 have a letter from
Katrina Marshall written on April 23, 2003 to Al Barnes which basically gave him a "temporary
certificate of occupancy" with a caveat that he must submit a "storm water management" plan
immediately to ensure he was trying to comply
I met with the surveyor (Rawls) and Al Barnes (owner) on site on Friday a week ago and outlined
the areas where I need some shots and grades to supplement that field information which I
have I e-mailed Linda and we discussed the SA waters of the White Oak River which
upgraded the size of our sand filters to a 1 5 factor I told the owner that he will likely have to plow
up a portion of the parking lot to effect the change
At this point, I have not received the information which I need from the surveyor, but I'm sure he
has it I'll request it via e-mail right now I'm sorry I don't have any more information that this right
now I expect to have the plan submitted within the next week
Sincerely, John
----- Original Message -----
From Rick Shiver
To John P McLean, P E
Sent Tuesday, April 29, 2003 6 05 AM
Subject Re Al Barnes
Hi, John,
We're still waiting for the permit application Because we haven't heard
from you lately, we assume that your client got his CO Rick
"John P McLean, P E " wrote
Rick and Linda, I swear, I don't know why I let myself get so up tight, when I
didn't create any problems but I ,gust get caught up in things perhaps
Come to think of it, that's the very same thing Rick said to me this morning
"We didn't create this situation" I'm sorry for the flurry of phone calls
and a -mails and foxes Al Barnes has spent the last 1/2 hour here while I
I of 2 4/29/2003 1 22 PM

Re Al Barnes
.� talked with Rob Whealty and the various building inspectors I will provide an
application and whatever information I can when we get to that point
Meanwhile, perhaps we can all have a good Easter I John
2 of 2 4/29/2003 1 22 PM

021208 Shoppes at Cedar Point
Subject. 021208 Shoppes at Cedar Point
Date. Thu, 17 Apr 2003 15 45 54 -0400
From: Linda Lewis <Linda Lewis@ncmail net>
Organization: NC DENR
To. "John P McLean, P E " <jpmcleanpe@tcp2 comma
John
One more thing to consider over the Easter holiday I received the faxed
classification information I was waiting on from Raleigh The White Oak
is SA from the Jones County line to the Atlantic Ocean This project, as
best I can tell from the vicinity map, is within 1/2 mile of the SA part
of the White Oak, which means the design storm is 1 5" My previously
faxed size information for the sand filters will need to be increased
appropriately to account for the increased design storm
Linda
1 of 1 4/17/2003 3 46 PM

y
'q
DIU OF WATER QUALITY Fax [phone] Apr 17 2003 9 41 P 01
Division of Water Qualm
Water Quality Planning Branch
1617 Mail Service Center
Raleigh, NC 27699.1617
FAX: [phone]
DATE: 4 - ! s —6 3
TO.�--.�LG;.- _ FAX NUMBER: - -
in./
PHONE N TMBER: [phone] eatmsioa: 5 (,
NO. OF PAGES (mcfadWg this sheet)- q

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t By HP LaserJet 3100, 2523932463,
Apr-15-03 B 32AM, Page 1/1
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I
FAX
John P. McLean Engineering Associates
106 Manatee Street
Cape Carteret, N C
Tel'252-393-2219
FAX,252-393-2463
E-mail Jprrcleanpe@tcp2 com
4�IS
DATE' Number of PbgeS (Including cover)
To. Z16K 5�41\lEg-- FAX ro-350-zro
REFERENCE AL- 'BARN S C SAP,
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t By HP LaserJet 3100, 2523932463, Apr-14-03 4 50PM, Page 1 /1
John P. McLean Engineering Associates
106 Manatee 5treet
Cape Curteret N.0 28584
TEL [phone]
FAX [phone]
E-mail ,j)mcleanpe@t,cg2 cam
April 14, 2003
Mr Rick 5hiver FAX [phone]
Ms Linda Lewis
NCDENR - DWQ
127 Cardinal Dave Extension
Wilmington, N C 28405
P.E. A I Barnes - The Shoppes at Cedar Point
Rick and Linda,
The total existing impervious surfaces for Tract I plus Tract U. is 38,276
square feet The future impervious surfaces for Tract I plus Tract II is 43,736
square feet Tract 1 has 43,531 square feet Tract II has 17,293 square
feet
Mr Barnes has requested a Temporary Certificate of Occupancy so a tenant
may occupy the building on April 15'. Can you help make this happen '> I told
him I would address it again.
Thanks, �Q
/•
)ohn P McLean
cc. Charles Rawls, PLS FAX [phone]
Al Barnes FAX [phone]
File Pa-rWa""@0Wg4.14.03

Al Barnes
Subject: Al Barnes
Date- Tue, 15 Apr 2003 10 11 35 -0700
From: "John P McLean, P E " <jpmcleanpe@tcp2 com>
To. "Rick Shiver" <nck shiver@ncmail net>
CC: "Linda Lewis" <Linda Lewis@ncmail net>
Rick and Linda,
I swear, I don't know why I let myself get so up tight, when I didn't create any problems but I ,lust get
caught up in things perhaps Come to think of it, that's the very same thing Rick sold to me this morning
"We didn't create this situation" I'm sorry for the flurry of phone calls and a -mails and faxes
Al Barnes has spent the last 1/2 hour here while I talked with Rob Whealty and the various building
inspectors
I will provide an application and whatever information I can when we get to that point Meanwhile, perhaps
we can all have a good Easter I
John
1 of 1 4/15/2003 10 33 AM

3.3 Maintenance
Regular maintenance is essential to the long-term performance and durability of the sandfilter, as it is
with all stormwater BMPs At least once a year each filter must be inspected after a storm to determine if
the filter bed is passing the runoff as expected Depending mostly on the activities occurring in the
drainage area, most filters will show some decreased capacity for filtration after a few years
Maintenance operations must be performed when storms of approximately one inch are not passing
through the filter within 24 hours Maintenance for sand filters consists of removing the first two or
three inches of discolored sand, and replacing this with new sand The sand that has been removed
would then be dewatered, if necessary, and then landfilled At the same time that maintenance is
performed on the sand chamber, the sediment chamber should also be pumped and cleaned It is most
likely that the sediment removed from the first chamber will need to be dewatered before it will be
accepted at a landfill
25

OF
~
Mr Al Barnes
PO Box 7653
Rocky Mount, NC 27804
Dear Mr Barnes
Michael F Easley, Governor
William G Ross, Jr , Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E , Director
Division of Water Quality
Wilmington Regional Office
February 3, 2003
Subject STORMWATER MANAGEMENT
PERMIT APPLICATION
The Shoppes @Cedar
Stormwater Application No SW8 021208
Carteret County
The Division received a letter from your consultant (John P McLean, P E ) dated January
14, 2003, regarding my December 16, 2002, request for a Stormwater Management Permit
application for the subject site The applicability of the stormwater rules is dependent on the need
for either a Sedimentation Erosion Control Plan approval, or a CAMA Major permit If neither of
these permits is required by the responsible agency, then I am unable to require a Stormwater
permit
In your case, the Land Quality Section determined that a land disturbing activity greater
than 1 acre had taken place, thus requinng a permit Regardless of the relationship (or lack of)
between Carpet Carousel, LLC, and The Shoppes at Cedar Point, LLC, I understand from Mr
Dan Sams that the two projects are being developed for a single purpose Your argument is with
the call made by the Land Quality Section, not with me Under Section 1003 (b) of the
Stonnwater rules, projects under a "common plan of development" shall be considered as a
single project, and shall require stormwater management measures
If Mr Sams determines that your project does not require an approved SEC plan, then I
cannot require a stormwater permit application Please deal with the Land Quality Section for
resolution of this matter, and copy me on all correspondence, so that the stormwater file may be
kept up to date This file will remain open until resolved If you have any question, please do not
hesitate to call me at [phone]
Sincerely,
&�C/,, At,�
Linda Lewis
Environmental Engineer I
RSS/arl S IWQSISTORMWATILETTERS1021208 FEB03
cc Dan Sams, Regional Engineer, LQS
John McLean, P E
Linda -Lewis
Central Tiles �AR
NCDENR
N C Division of Water Quality 127 Cardinal Drive Extension Wilmington N C�28405 [phone] Fax [phone] Customer Service
800-623-7748
r

Michael F Easley, Governor
William G Ross, Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E , Director
Division of Water Quality
Wilmington Regional Office
December 16, 2002
Mr Al Barnes
PO Box 7653
Rocky Mount, NC 27804
Subject REQUEST FOR STORMWATER
MANAGEMENT PERMIT APPLICATION
Shops at Cedar Point
Stormwater Project No SW8021208
Carteret County
Dear Mr Barnes
On December 9, 2002, the Wilmington Regional Office received a copy of a Notice of
Violations of the Sedimentation Pollution Control Act for Shops at Cedar Point The North
Carolina Administrative Code requires any project that must receive either Sedimentation and
Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a
Stormwater Management Permit by the Division of Water Quality Any construction on the
subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC
2H 1000 and may result in appropriate enforcement action by this Office
Either a Stormwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the status of
this project and the expected submittal date must be received in this Office no later than January
16, 2002 Failure to respond to this request may result in the initiation of enforcement action, and
construction may experience a subsequent delay
The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control
Plan approval letter must NOT be considered the Coastal Stormwater Management Permit,
which will be signed by the Water Quality Supervisor Please reference the Project Number
above on all correspondence. If you have any questions, please call me at (910)-395-3900
Sincerely,
C�Gv
Linda Lewis
Environmental Engineer
RSS/arl S 1WQSISTORMWATISTORMSUB1021208 Dec
cc Katrina Marshall, Carteret County Building Inspections
CAMA (Morehead)
L�i� nda� e is
Central Files
.1110 AV
fNW
N C Division of Water Quality 127 Cardinal Drive Extension Wilmington, N C 28405 [phone] Fax [phone] Customer Service
800-623-7748

0 John P. McLean Engineering Associates
January 14, 2003
Ms Linda Lewis, Engineer FAX [phone]
DENR - DWQ
127 Cardinal Drive Extension
Wilmington, N C 28405
RE. SW8021208
Dear Ms Lewis,
�,
106 Manatee S■.,treet
Cape Carteret N C 28584
TEL [phone]
FAX [phone]
E-mail ,lpmcleanpe@tcp2 com
This letter is being written in response to your letter dated December 16, 2002
This morning I discussed the NOV with Dan Sams I asked if some sort
of restoration is an option and he told me it is not an option As you may know, I
prepared a Erosion and Sediment Control Plan in late December for Mr Sams to
review
Today I met with the owner of Tract II , A I Barnes and the project surveyor,
Charles Rawls We discussed the fact that Mr Barnes is not ready to build on
Tract II Further, I talked with Richard Stanley, Attorney for Mr Barnes Mr
Stanley questioned why I was considering preparation of a Stormwater
Management Plan at all, since Mr Barnes is not responsible for giving instructions
to disturb nor to pave the parking lot on Tract II
Carpet Carousel, LLC (Al Barnes, Managing Partner) owns Tract II, a 0 4 acre
parcel on Bud's Lane The Shoppes at Cedar Point, LLC owns Tract I, a 43,531
square foot parcel on NC 24, Cedar Point. A copy of both deeds is attached A
structure was constructed on Tract I and it is complete
I have been instructed to write a letter saying Mr Barnes intends NOT TO
• SUBMIT a plan for Stormwater Review

If you have comments, please advise
jincerely,
Mq
P McLean, P E
Enclosure. Deed Copy (MB 936, Page 404)
Deed Copy (MB 936, Page 403)
cc* Richard Stanley, Attorney FAX [phone]
Al Barnes, Managing Partner FAX [phone]
Charles Rawls, PLS FAX [phone]
• � - �a� ccpn� -IM WL US Nla�
Fife AlBaroes5torml 1403
0

•
12/20/2002 14 13 K2Jb4jUi5a
Carteret County Register
7859 04/01/2002
SlFiO 00
Real Estate
µRA 0, 1 Exclsa Tax
xxose Tax S 16000
S I UNIL L LL11151)t 4
i
Mr l}nie i1c�?iiir 2F
Carteret' Countkviji�tpr of Dr~cds
Cq Dale 04/0t/Z!6oP Tani. Od 0/ 00
f,R 9W404 Far4a 1 of ,n
NORTH CiAROLINA, CARTEREr Co uNTY
The torerloing cerUficatc(s) 1 Nc', ry publlc(s) Islare
e8rtTied to be eorroet Thrt insin m-al Fnd Into eerlifi-
Cato ern duly regislared , I Iho d4tn and ti,na itnd in
Iho Book andd Page she' n 01 thi fi,til pale hereof
i!"ei�� ilOntar Redster�r r..-.,ram
in; 71mc Book and Page
Tax Lot No farce! Identifier No ` Sg i]efr �y 2.3 sag Z
Verified by j County on the day of
by 1
Mall after recording td $tnnc & Lurgsd4n, h752 Rccd Drive, Suite 3, Emerald Isle, NC 28594
This instrument was prepared by Stone & l,umsdcn, PC
Brief description for the Index i
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 2M day of March %002 by and between
GRANTOR I GRANTEE
Carpet Carousel, LLC
10 Darryl T Daniel and wife, Wanda W Daniel
604 A Cedar Point Blvd
Swansboro, NC 265114
Tie Shoppes at Cedar Point LLC
P 0 Box 7653
Rocky Mount NC 27904
I t •�
Enitr In apprnprtata black for each part) nawr, address and If appropriate character of entity e g eorpanllon or parintrrhlp
The designation Grantor and Grantee as used herein shall include said parties their heirs, sticcessors, and assigns and
shall include singular, plural, masculine, feminine or neuter as required by context
WITNESSETH, that the Grantor for It valuable eonsideratinn 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 or parcel of land situated In the City of Emeroid Isle I White Oak Township
Carleret County, North Carolina lend more particularly described its follott,s
Tract I as shown on the plat recorded in Map Book 30at Page 45 in the Carteret County Public Registry

12/20/2002 14 13 2523545064 SIGHL E LUMSUEN
f'A6= t53
•
The property herslnabove described was acquired by Grantor by lnstrunient recorded in
A map showing the above described property is recorded In plat Book page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in tea simple
And the Grantor covenants with the Grantee, that Grantor All 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 except for the exceptions hereinafter stated
Title to the property heretrtabove described is subject to the following exceptions
2002 ad valorem tares
Easements and Restrictions of Record
Im WfTNaaa WHRRROy the Grantor has heteuhtd art all bond and -eat er If eerpener sae souse4 this lnstr ascent is be slenad in Ito
■.C.everwrittm o by 111 duly autkarlrtd efflbtl un and !la ant to be h-r-uat■ -!fixed by authority of It, plated of Directors the day and year !trot
CrTe at Carousel _--- _ ----- -- ---
LLC - - - (REAL)
- - - - --- - -- --- --- - --------- -- -- -- - ----- - -
(Ceravtaq Name)
C
AYTIST
.53 --(SEAL)
- q 1T d
(�t4llltrl}t!F - saeneary (t.ryorat. aid) to
INE� J�/��i� Wanda anleT r ` (aJAL)
ArdP `CO ,�/ NORTH CAROLINA �i(c�SZ✓ _- .. _ _.._county
i
NOTARY u' 1 + Watery Ruena of the County and !tale elorruid certify that ACt�lan7anA Barnes 111a1Y1geIaf Caryet
A, { * Carousel LLC
[ PUBLIC_ Creator
�� •• `� Derlonally appeased befots ma this day and SclintVl/atea the eticutlon of the feregetng Inoefumept, w14os my
N"
C shad and d(nalt[ pump or Ste[ this=^!� �a.y of [3 i�'(r.! �UU
����lrrltt4ttt`� D.--------/,!J/j� fdC1lU fretaryrelssc
My eewlm lulad eR less
SEAL (ITAatp (�/r ' NORTI4 CAROLWA, I/ _ _ _.._county
.�
�„'[ a da.ury r41ue .t rna tenntr and sue. a(errasta r.rtuy that J?l}(LTrd wa-dat GL.lmu
S L C 1 I >'otHndly tame before too thlr day and aeknewledgla that at is -. _ secretary of
~ • r` `(I 'rf.. _ .. .......... .. ..... .... a Nor(b Carolina torperatlee slid that by ■drhorlty duly
_ yq
' I jlraf and u Lhs act at the seryoratlen She tarsi elan lnttrumeat was ■Itnad (n it assess by 1[e
%r dY'P )� Tf•) vrtttdeat Sealed Rlth He cerperat■ ■eel and attested by ■■ Ito _.. _ _ aeer-t+Ty
'hates my baai and official a4mp of nJ this day of _ fy]44� ,. 1 4y
sly camalaolen expiroa-. Vo6ry 4vbLe
rho torSeoing cortifleat-Ul of _. '< .. .._
.:
I - .
I-laro asltlHed td be`edlTIOL TWO lllatlaaent Still tall eolUfllhtd are daly reglslSTed at the date arid time and in the Boek and Page abew<n -4 the
f lTrS page btllPf
... _ .. . . .. __ _ _RLG11TLR 07 OFROa TOR _ _ _ _ _ COUNTY
By _ .. -- - -Beaty/Asetalaat Register of Died1 ff
MIA lilt BOOfi.�'t-^�� _« �f f� lrel Y"`� � WIN)

•
•
12/20/70,02 1r 13 252354506e
Carteret County Reoiater
785E
04/01/2002
$80 60
a"' T
NQCHNA
Real Estate
Excise Tax ,
rxctse Tax S 80 00
Tax Lot No
Verified by
by
STONE 8 L.UMSDtr4 Ul
PILTaiti! Flrthur i f
Carteret f'out%L� Fnpistvr of Dpr+ds
f5 Bare 04/OI/2f)0? Time 08 0" 00
GR'336103 Page I of ?
NORTH CAROHNA CApTrsLT COUNTY
The torogoing cartifiM,,se,$) .t VCniry p1i51 C(s) is/nrie
corlifled to be corroe, I hidr m:irumen' drld lydC Ceriipl
eat* are duty registcrer' ir'Ha rtlu r1rd dmo rnd fn
the Book and Page ehc�tir l iilQ nret papo hereof
le r r
1 Ely
G0*1nIu1r*T11
Parcel Identitler No
County on the day of
Mall after recording td Stone 4 l umsdcri, 8752 Reed Drive, Suitc 3, Emerald Isle, NC 28 59 1
This instrument was prepared by Stone & Lumsden PC
Brief description for the Index
Time Hook and Poge
/�/ oZ
,531)y iy, ZS. 5/y2
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 28th day of Marsh 240z by and between
GRANTOR I GRANTEE
Carpet Carousel, LLC
Darryl T Daniel and wife, Wanda W Daniel
604 A Cedar Point T3lvd
Swansboro, NC 28584
Cal pet Carousel, tLC
604-A Cedar Point Blvd
Swansboro, NC 28584
f
Enitr to appropriate block for each parly name address and, It appropriate charaeler of entity c q corpuraiion or partnalblp
The designation Grantor and Grantee as used herein shall Include said parties their heirs, succeaaors 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, hits and by these presents does grant, bargain sell and convey unto the Grantee in fee simple all that
certain lot or parcel of land situated in the City of Fmerald Isle I White Oak Townshlp
Carteret County North Carolina and more particularly described its follona
Tract It as shown on the plat recorded in Map Book 30 at Page 45 in the Carteret County Registry
i�� PAG-E�#e-3

12/2D/2002 14 13 2523545064 to UNt & LUriSuLN , V� U J
•
The property barainabove dasFfibed was acquired by Grantor by instrument recorded in
A map slinwing the above described property Ia recorded In Plat Bonk page
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 to seized of the premised in fee dimple, 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 clatma of all persons whomsoever except for the exceptions hereinafter stated
Title to the property hereinabove described in subject to tire. following exceptlo-la
2002 ad valorem taxes
F-Milicnis and RC,ctriCtlpns of Record
lrt WITNada WHEREOF the Grantee has h•tsuht• het bla Land sod teal of If aorperete pee &v od this Inptrvwevt to he tlf add La it,ryuel• nave by Its 401Y aaLhorlae4 aflicars aid Its seal to be lh.siume, afflced by authority of Its Board el Directors the day hnd Y•er first
■Lora writto&
Nam.i
�, Carpet Carousel, LLC tdessl
_•peea ICagl. - - -- --- .i
x
nr - - - -• 0 , _� �--
ATTEsr
(d EAU
- aryl T 1 el
`����`�SiNEI Jq��1�� aeenLLr7 (C+rpeedlo 6u1) `yr %%,[lEALt
a_a O��i� WandO W amen
�ipW STAMr (p NORTH CAROLINA __ _ _. .. - .. ..County
_ v' NOTAEZf _ 1 a Nolaty puella of thl County And state aforesaid, treify that AtillamarlA 9arnmb4arugetnfCarpel
9
* * * Carousel LLC
PUSOC- r .. -'- r --- - -- ..... - ---- - --- -- -- ------ Greater
V�
panonany appeared before me this day and acknowledged �the aEstutlen of the tsrafatng lnottumant Wltane my
bads and official stamp or teal this !P�4'p daY of �4�-'�}r.(. : ..
My eammlatlan exp
C }!____ - Y �"'=�fr_'-'��•i.;':: tr' ° i// Mara rY 9u:Le
a U.� Ire/ - !_�
] i J
■�L aTAM>�) ' ,,f'NO Ta d'CAROLINA rounlY
r da, �� 1 a, I ' If1,;;9 NatarT labile Of the County and aLLte aldreu.�yl-T-ad u rb LL.Lmalld, Certllr Shs1 ,
(Vtrionsily Como tsrore me [L le day add Aekbswledfed that __ be la secretary of
--_ ._ ..... - - - -- - _.. a HattL Ctralina ee rpathtlan sad that Lr +utLerltY d>,tr
7AIrma and ah the ACS of Me aerparatfon the totegefag thJUIMeat wu 119464 Ib Its h&-. by Its
Presidaal seated with lit eotporsto 1-al sad Ansel ad Y - as tt1 _ __ _ !au•LLry
JJ �y { J -7
WItaete tay Sand And ofdalal Kamp or ■eat th ls�4 J, der of _ /' ll:C L( � _ .rl?C_
bfY commission o{pdrat �J� _L.{ `*' __ ��'�(_,y[^'zr.! NtlatYru
LLLc
The forerelnr C.rdfleats(.) 01
I./are Catlfl.d Ia be Cetreel. Tole im.trumonL pad this eetUfltat. are duly aliatered at the date and 11ma sad In the Beat and TAfe .Lawn an Live
tint pail Leroec
_- ._ ___ ___ __ __ __ _ ___ _ _ _Sla011TRiL OF AELDa 1oa ._ ..---__.- COUNTY
BY . .. . . .. ... ..... . .Il epubfAeataeut 111111eter 01 lyaeda
�. , ,s,te,t h—e.•alalr r,CBA0dRo0K s..cL PAGE ..W-5 '71)rJM0

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael F Easley, Governor
William G Ross Jr , Secretary
1�•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 9, 2002
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED .MAIL 7001 1140 0002 1286 6434
RETURN RECEIPT REQUESTED
Mr Al Barnes
P O Box 7653
Rocky Mount NC 27804
Project Name Shops at Cedar Point
Project No CA-03145
Carteret County
Dear Mr Barnes
r
On December 6, 2002, personnel of this office inspected a project located Highway 24 in Carteret
County, North Carolina This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973 The inspection revealed a land -disturbing activity of
approximately 1 3 acres being conducted
It is our understanding that you and/or your firm are responsible for this land -disturbing activity The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, NCGS 113A-50
to 66, and Title 15A, North Carolina Administrative Code, Chapter 4 If you feel that you are not responsible
for the following violations, please notify this office immediately
The violations that were found are
Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land -disturbing activity on a tract comprising more than one acre, when more than one acre
is to be uncovered, failure to secure this office's prior approval of the plan for any land -disturbing
activity prior to beginning the land -disturbing activity NCGS 113A-541d1(4), G S 113A-57(4) and
15A NCAC 413 0007(c)
A land disturbing activity greater than one acre is size has occurred without an erosion
and sedimentatton control plan The contractor was personally told of the regulations
during a site visit on October 16, 2002 The surveyor was contacted: also
An acceptable erosion and sedimentation control plan must be filed with and approved by this office
and implemented on the site sufficient to prevent off -site sedimentation Until the required plan has
been approved, temporary measures must be provided immediately to control erosion and prevent
sedimentation damage Any additional land -disturbing activities conducted without an approved erosion
and sedimentation control plan will constitute additional violations of the Act We will notify you
following our review of the plan if additional measures are required
127 Cardinal Drive Extension Wilmington N C 28405 3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

A
Mr Al Barnes
December 9, 2002
Page Two
To correct these violations, you must
Submit an erosion and sedimentation control plan
Please be advised that if you fail to respond to this notice or if these violations are not corrected within
15 days of receipt of this notice, the Director, Division of Land Resources, will be requested to take
appropriate legal action against you pursuant to NCGS 1 13A-64 That action could be the assessment of a
civil penalty and the amount may be up to $5000 per day for each day of the violation The penalty may be
assessed from the date of the violation, NCGS 113A-61 (a) (1) If these violations are corrected within the
time period specified for compliance, no further legal action will be pursued
Please be advised that any new land -disturbing activity associated with this project must not begin until
the area presently disturbed is brought into compliance with the Act When corrective actions are complete,
you should notify this office so the work can be inspected You should not assume that the property is in
compliance with the Act until we have notified you After installation, all erosion control measures must be
maintained in proper working order until development is complete and the site is completely stabilized
We solicit your cooperation, and would like to avoid taking further enforcement action At the same
time, it is your responsibility to understand and comply with the requirements of the Act Copies of the
relevant statute and administrative rules may be examined at this office or will be sent to you upon request
Should you have questions concerning this Notice or the requirements of the Act, please contact either Janet
Paith or me at your earliest convenience
Please do not hesitate to contact me regarding any questions you might have about this matter
Sincerely,
'�)— 4Z;-7:�)e
Daniel Sams, P E , M E
Regional Engineer
DESllbfr
cc Sedimentation Specialist
WiRO LRS
ON Supervisor WiRO
Enclosure Inspection Report

G
_ a1
c
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITY SECTION 1A27 Cardinal Drive, Ext , Wilmington, NC 28405-3845 (91�=95-39) 1.06
County�� I EKE
Person Financially Responsible
Address J0,0 R CD k 7
C
1 Project Location Z Pictures No ❑ Yes 'Prints ❑ Slides ❑
Case #
1�IT
>� asm G✓ /4��
Project #
Dwital (ff— Video ❑
2 Weather and Soil Conditions- F
3 Is site currently under notice of violation) Yes ❑ No
4 Is the site in compliance with the S P C A and the rules? Yes ,,20�No ❑ If no, check violations below
5 Violations
❑ a No approved plan, G S I I3A-57(4) and 15A NCAC 04B 0107(c)
❑ b Failure to follow approved plan, G S 113A-61 1
Cl c Failure to submit revised plan, G S 113A -54 1(b) and
15A NCAC 04B 0118(a)
❑ d Failure to provide adequate groundcover, G S 113A-57(3) and
15A NCAC 04B 0107(b) or 15A NCAC 04B 0124(e)
❑ e Insufficient measures to retain sediment on site, G S 113A-57(3)
❑ f Failure to take all reasonable measures, 15A NCAC 2.4! 105
6 Potential NPDES Permit Violation) Yes ❑ No Er Describe
❑ g Inadequate buffer zone, G S 113A-57(1)
❑ h Graded slopes and fills too steep, G S 113A-57(2)
or 15A NCAC 04B 0124 (d)
❑ 1 Unprotected exposed slopes, G S 113A-57(2)
❑ J Failure to maintain erosion control measures,
I SA NCAC 04B 0113
❑ k Other(descnbe)
7 Has sedimentation damage occurred since last ins ection') Yes 0—If yes, where9 (check all that apply) No ❑
Lake/naturalJ wq t_ercourse on the tract CY Lake/natural watercourse off the tract ❑ Other property ❑
Description <cf i! i efX
Dggrke of damage Slight ❑ Moderate ❑ Severe ❑
8 Contact made with (Name) �1 ZZ f. UAz _ Title
Inspection Report given ❑ or sent Q-- to Person Financially Responsible Date given/sent
9 Corrective actions needed
9 WMA
I IA/' XV /.J
973�-�- Wl� W-Ad 9 F2 I..
R,�ortby Others present
Date of pectton 14)1410 Time amvmg at site 49 Time leaving site _ 2 ` e cam _
70
cc ,

Case #
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITYSECTION 127 Cardinal Drive, Ert , Wilmington NC 28405-3845 [phone]
County ,e Project 5wOf',1� 6��4yle 14D / 1t/ ! River Basin
Person Financially Responsible 7—
CAR v V-S G Project # /
Address O J / f /a C /
gn �2 e-G i t/d
1 Project Location_ � ✓ 2 y Pictures No Z Yes ❑
AISI r i A 1
���
Prints ❑ Slides ❑ Digital ❑ Video 0
2 Weather and Soil Conditions S ✓✓,,/,y 4/ ,f Ate: o Y
3 Is site currently under notice of violation) 'Yes )9 No ❑
4 Is the site in compliance with the S P C A and the rules9 Yes ❑
No )E� If no, check violations below
WViolations
a No approved plan, G S 113A-57(4) and 15A NCAC 04B 0107(c)
�❑
❑ g Inadequate buffer zone, G S 113A-57(1)
b Failure to follow approved plan, G S 113A-61 1
❑ h Graded slopes and fills too steep, G S 113A-57(2)
❑ c Failure to submit revised plan, G S 113A -54 l(b) and
or 15A NCAC 04B 0124 (d)
15A NCAC 04B 0118(a)
❑ 1 Unprotected exposed slopes, G S 113A-57(2)
❑ d Failure to provide adequate groundcover, G S 113A-57(3) and
❑ I Failure to maintain erosion control measures,
15A NCAC 04B 0107(b) or 15A NCAC 04B 0124(e)
15A NCAC 04B 0113
❑ e Insufficient measures to retain sediment on site, G S 113A-57(3)
❑ k Other(describe)
❑ f Failure to take all reasonable measures, 15A NCAg 04B 0105
6 Potential NPDES Permit Violation9 Yes ❑ No X Describe
7 Has sedimentation damage occurred since last lnspection'i Yes ❑ If yes, where9 (check all that apply) No
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract © Other property ❑
Description
Degree of damage Slight ❑ Moderate ❑ Severe ❑
8 Contact made with (Name) !1l(1a✓f
Title
Inspection Report given ❑ or sent p--- to Person Financially Responsible Date given/sent 12-110 Z
9 actions needed
`Corrree�etiye
10 Comments <" ill—' l 1—, �— / 4-< !f / a4l-1G
Report by
Others present,
Date of Inspection ��%_��2 Time amving at site I Time leaving site
r �
cc

I MEMORANDUM
DIVISION OF WATER QUALITY
TO
Bob Sledge
FROM
Linda Lewis
THROUGH
Rick Shiver
DATE
May 2, 2003
SUBJECT
Enforcement Action
PROJECT NO
SW8 021208
COUNTY
Carteret
Dear Bob
Attached please find the enforcement package for The Shoppes at Cedar Point, with
copies of appropriate supporting documentation Please forward this to the Director for
his consideration and signature
Thank You
RSSlarl S 1WQSISTORMWATIENFPACK1021208 may03
cc Linda Lewis
Central Files

File No WQ
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
1N THE MATTER OF
THE SHOPPES @CEDAR POINT, LLC
CARPET CAROUSEL, LLC
FOR VIOLATIONS OF
15A NCAC 2H 1003
ASSESSMENT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
File No WQ
ENGAGING IN DEVELOPMENT ACTIVITIES WITHOUT
OBTAINING A STORMWATER MANAGEMENT PERMIT
CIVIL PENALTY
Acting pursuant to North Carolina General Statutes (G S ) 143-215 6A, and by
authority delegated to me in accordance with G S 143E-282 1(f), I, Alan W Klimek,
P E , Director of the Division of Water Quality (DWQ), Department of Environment and
Natural Resources (DENR), make the following
FINDINGS OF FACT
A The Shoppes at Cedar Point, LLC, and Carpet Carousel, LLC, are active
Corporations organized and existing under the laws of the State of North
Carolina
B Al Barnes is developing a site located of(NC 24, between Bud's Lane and
Hill Street in Cedar Point, Carteret County, as a retail sales building known
as the Shoppes at Cedar Point, under a common plan of development wh,ch re 4r�
The site is on two adjoining tracts of land, one owned by The Shoppes at zn VIdan.
Cedar Point, LLC, and the other by Carpet Carousel, LLC
C On December 16, 2002, and February 3, 2003, the DWQ requested that
Al Barnes submit a Stormwater Management Permit application for The
Shoppes at Cedar Point via certified mail
D On December 6, 2002, DENR staff inspected the site and observed the
construction of a building and associated parking lot
E The site contains a building and associated parking lot, which will result in
an increase in the amount of impervious surface at this site or otherwise
decrease the infiltration of precipitation into the soil
F As of May 2, 2003, the construction is complete and the facility is in
operation
G Al Barnes faded to receive a stormwater management permit prior to
construction of impervious surfaces
H Staff costs and expenses associated with detecting the violations, defining
their nature and extent, and bringing the enforcement action totaled
$330 90

File No WQ
Based on the above Findings of Fact, I make the following
II CONCLUSIONS OF LAW
A Al Barnes is a "person" within the meaning of G S 143-215 6A pursuant to
G S 143-212(4)
B Carteret County is a coastal county as defined by 15A NCAC 2H 1002(4)
C Al Barnes is engaging in development activity at this site which requires a
Sedimentation Erosion Control Plan
D Al Barnes violated 15A NCAC 2H 1003 by failing to secure a Stormwater
Management Permit for the project
F 15A NCAC 2H 1003 is a rule of the Environmental Management
Commission implementing Part I of Article 21 of the North Carolina
General Statutes
G G S 143-215 6A(a) (6) provides that a civil penalty of not more than ten
thousand dollars per violation may be assessed against a person who
violates a rule of the Commission implementing Part I of Article 21 of the
North Carolina General Statues
H G S 143-215 3(a)(9) provides that the reasonable costs of any
investigation, inspection or monitoring survey may be assessed against a
person who violates any rules, standards, or limitations adopted by the
Environmental Management Commission or violates any terms or
conditions of any permit issued pursuant to G S 143-215 1, or special
order or other document issued pursuant to G S 143-215 2

File No WQ
Based on the above Findings of Fact and Conclusions of Law, I make the
following
III DECISION
In determining the amount of the penalties, I have taken into account the
Findings of Fact and Conclusions of Law, and have considered each and every factor
set out in G S 143B-282 1
Accordingly, Al Barnes is assessed a civil penalty of
$ for violating 15A NCAC 2H 1003 by failing to obtain a
stormwater management permit from the Division for
the development of The Shoppes at Cedar Point
$ TOTAL CIVIL PENALTY which is percent of
the maximum penalty authorized by G S 143-
215 6A(a)
$330 90 Enforcement costs
$ TOTAL AMOUNT DUE
Date Alan W Klimek, P E , Director
Division of Water Quality

File No WQ
DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type File No WQ
Violator Al Barnes Registered Agent: NIA
Address PO Box 7653, Rocky Mount, NC 27804 Address. NIA
Regional Office Wilmington
The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation This site is located
within '/x mile of SA waters. The discharge of untreated stormwater runoff
has been demonstrated to be one of the major causes of nonpoint source
pollution
2 The duration and gravity of the violation The site was completed sometime
before December, 2002, when the Division of Land Resources discovered it
and issued a notice of Violation on December 9, 2002 The NOV noted that
the building was open for business According to the Carteret County
Planning Department, a building permit was issued on July 29, 2002, and
the building was completed in November of 2002 Untreated stormwater
has been discharging from this site for at least 5 months
3 The effect on ground or surface water quantity or quality or on air quality No
effect on groundwater or surface water quantity or groundwater quality, or
on air quality. The discharge of untreated stormwater runoff may have a
detrimental effect on surface water quality by introducing potential
pollutants and sediments directly into class SA waters of the State
4 The cost of rectifying the damage Unknown
5 The amount of money saved by noncompliance Those expenses associated
with the design, construction and permitting of an appropriate stormwater
management system, plus those expenses associated with a delayed store
opening date
6 Whether the violation was committed willfully or intentionally Unknown. The
smaller Tract II contains some of the parking lot and the septic system for
the budding on Tract 1. On March 28, 2002, Carpet Carousel, LLC, with
Benjamin A. (Al) Barnes as the Manager, sold Tract I to the Shoppes at
Cedar Point, LC. On the same day, a deed was prepared which noted
Carpet Carousel, LLC, as the owner of the remaining Tract II So, in March
of 2002, both tracts were owned by Carpet Carousel, LLC, with Al Barnes
as Manager
7 The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory
authority BIMS does not show either Al Barnes, Benjamin A Barnes, The
Shoppes at Cedar Point, LLC, or Carpet Carousel. LLC, as current Owners.
8 The cost to the State of the enforcement procedures
Hours Linda Lewis 6 hours @$2815 = $168.90
Mileage 200 miles @$ 31 = $ 62.00
Administrative Costs §100 00
Total $330.90

File No WQ
9 Type of violator and general nature of business (i a Individual vs large
corporation) Small corporation, retail sales.
10 Violators degree of cooperation (including efforts to prevent or restore) or
recalcitrance Through his attorney, Mr. Barnes initially questioned DWQ's
authority to require a permit, and prepared a letter stating various reasons
why a stormwater permit should not be required. However, once it was
established that a Stormwater Permit was going to be required, Mr Barnes
hired an engineer who is retro-fitting the site for Stormwater Management
As of May 2, 2003, a permit application has not been received.
11 Mitigating Circumstances None
12 Owner of property where the discharge occurred Carpet Carousel, LLC
and The Shoppes at Cedar Point, LLC.
13 Pictures of discharge ❑yes ®no
14 Assessment Factors
a) IWC NIA
b) Receiving Stream White Oak River 1 SA
c) Stream Index Number WOK01 20-(18)
d) SOCIJOC status/negotiations NIA
e) Copy of MP Screen NIA
f) Copy of Limits Page in Permit NIA
g) Damage N/A

ri 7-
L
s
C
Mr Al Barnes
PO Boy, 7653
Rocky Mount, NC
Dear Mr Barnes
27804
Michael F Easlev Governor
William G Ross Jr Secreiary
North Carolina Depa-ment of Environment and Natural Resources
Alan tip! Klimek P E Director
Division of Water Quality
Wilmington Regional Office
February 3, 2003
Subject STORMWATER MANAGEMENT
PERMIT APPLICATION
The Shoppes @Cedar
Stonnwater Application No SW8 021208
Carteret County
The Division received a letter from your consultant (John P McLean, P E ) dated January
14, 2003, regarding my December 16, 2002, request for a Stormwater Management Permit
application for the subject site The applicability of the stormwater rules is dependent on the need
for either a Sedimentation Erosion Control Plan approval, or a CAMA Major permit If neither of
these permits is required by the responsible agency, then I am unable to require a Stormwater
permit
In your case, the Land Quality Section determined that a Iand disturbing activity greater
than 1 acre had taken place, thus requiring a permit Regardless of the relationship (or lack of)
between Carpet Carousel, LLC, and The Shoppes at Cedar Point, LLC, I understand from Mr
Dan Sams that the two projects are being developed for a single purpose Your argument is with
the call made by the Land Quality Section, not with me Under Section 1003 (b) of the
Stormwater rules, projects under a "common plan of development" shall be considered as a
single project, and shall require stormwater management measures
If Mr Sams determines that your project does not require an approved SEC plan, then I
cannot require a stormwater permit application Please deal with the Land Quality Section for
resolution of this matter, and copy me on all correspondence, so that the stormwater file may be
kept up to date This file will remain open until resolved If you have any question, please do not
hesitate to call me at [phone]
Sincerely,
Linda Lewis
Environmental Engineer I
RSS/arl S 1WQSISTOR.MWATILETTERS1021208 FEB03
cc Dan Sams, Regional Engineer, LQS
John McLean, P E
Linda Lewis
Central Files
NCOENrR
N C Division of Water Quality 127 Cardinal Drive Extension Wilmington N C 28405 [phone] Fax [phone] Customer Service
800-623-7748
r

Michael F Easley, Governor
OF.i A T.F
H
Mr Al Barnes
PO Box 7653
Rocky Mount, NC 27804
Dear Mr Barnes
William G Ross, Jr , Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E , Director
Division of Water Quality
Wilmington Regional Office
December 16, 2002
Subject REQUEST FOR STORMWATER
MANAGEMENT PERMIT APPLICATION
Shops at Cedar Point
Stormwater Project No SW8021208
Carteret County
On December 9, 2002, the Wilmington Regional Office received a copy of a Notice of
Violations of the Sedimentation Pollution Control Act for Shops at Cedar Point The North
Carolina Administrative Code requires any project that must receive either Sedimentation and
Erosion Control Plan approval and/or a CAMA Major permit to apply for and receive a
Stormwater Management Permit by the Division of Water Quality Any construction on the
subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC
2H 1000 and may result in appropriate enforcement action by this Office
Either a Stormwater Permit Application Package including 2 sets of plans, completed
application form, fee, and supporting documentation, or a written response regarding the status of
this project and the expected submittal date must be received in this Office no later than January
16, 2002 Failure to respond to this request may result in the initiation of enforcement action, and
construction may experience a subsequent delay
The NPDES 010000 Federal Stormwater Permit that accompanies the Erosion Control
Plan approval letter must NOT be considered the Coastal Stormwater Management Permit,
which will be signed by the Water Quality Supervisor Please reference the Project Number
above on all correspondence. If you have any questions, please call me at (910)-395-3900
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl S 1WQSISTORMWATISTORMSUB1021208 Dec
cc Katrina Marshall, Carteret County Building Inspections
CAMA (Morehead)
Central Files
NIEDENR
N C Division of Water Quality 127 Cardinal Drive Extension Wilmington N C 28405 [phone] Fax [phone] Customer Service
800-623-7748

John P. McLean Engineering Associates w
106 Manatee Street
Cape Carteret N C 28584
TEL [phone]
FAX [phone]
E-mail JPmc1eanpe@tcp2 com
January 14, 2003
Ms Linda Lewis, Engineer FAX [phone]
DENR - DWQ
127 Cardinal Drive Extension
Wilmington, N C 28405
RE, SW8021208
Dear Ms Lewis,
This letter is being written in response to your letter dated December 16, 2002
This morning I discussed the NOV with Dan Sams I asked if some sort
of restoration is an option and he told me it is not an option As you may know, I
prepared a Erosion and Sediment Control Plan in late December for Mr Sams to
review
Today I met with the owner of Tract II , Al Barnes and the project surveyor,
Charles Rawls We discussed the fact that Mr Barnes is not ready to build on
Tract II Further, I talked with Richard Stanley, Attorney for Mr Barnes Mr
Stanley questioned why I was considering preparation of a Stormwater
Management Plan at all, since Mr Barnes is not responsible for giving instructions
to disturb nor to pave the parking lot on Tract II
Carpet Carousel, LLC (Al Barnes, Managing Partner) owns Tract II, a 0 4 acre
parcel on Bud's Lane The Shoppes at Cedar Point, LLC owns Tract I, a 43,531
square foot parcel on NC 24, Cedar Point A copy of both deeds is attached A
structure was constructed on Tract I and it is complete
I have been instructed to write a letter saying Mr Barnes intends NOT TO
SUBMIT a plan for Stormwater Review

If you have comments, please advise
incerely,
mqtale—�
Jo n P McLean, P E
Enclosure Deed Copy (MR 936, Page 404)
Deed Copy (MB 936, Page 403)
cc Richard Stanley, Attorney FAX [phone]
Al Barnes, Managing Partner FAX [phone]
Charles Rawls, PLS FAX [phone]
115 - -�ard cc? y -1M �o16uj v La U5 Ala
File AlBarnesStorml1403

:4 'c, 1 1,
Carteret County Register
7859 04/01/2002
$160 00
q � 'aA
T Real Estate
7
h,pL1NA�• f Excise Tex
hcnise Tax S 16000
Tax Lot No
'ven6ed by
by
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NORTH CAPOLINA CART[RL-y C()UNrY
The foregoing cer',hcalop) «f NC , ry Publlc(s) warn
rerllfied to ba corroct Th,z msln m+,tt cn- In,p ctrVrr
Cato aro duly rog,stolvd , f tie 0, te, erd any and in
the Book and Page she , n on thi G %t ¢ago hemot
92
Sul '—
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County on the
Recording T7mc Hook and Page
+. 3 7 y
entifter No 53 111f,1y, 2.3 , 51512.
day of ,
Mail after recording tq $$tone 84 Lumjgq n, 9752 Rccd Drive, $cite 3, Emerald Isle, NC 29594
This instrument was prepared by Stone & Lumsden, PC
Brief description for the index t
NORTH CAROLINA GENERALWARRANTY DEED
THIS DEED made this 29th day of Mar;h I Z002 , by and between
GRANTOR
Carpct Carousel, LLC
harry I T Daniel and wl fe, Wanda W Daiiiel
604 A Cedar Point Blvd
S%&ansboro,NC 285R4
GRANTEE
The Shopper at Cedar Point,LLC
P 0 Box 7653
Rocky Mount NC 27804
Enter In apprnpriate block for each party lame, addreas and If appropriate chaTae{er of entity e.0 Corporation or partnership
The designation Grantor and Grantee as used herein shalt include said parties their heirs, successors, and assigns and
shall include singular, plural, mascultne, 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 or parcel of land situated In the City of Emerald ]SIC I White Oak Township
Carlcrct County, Nnrlh Carolina and mare particularly described ns follnu,s
Tract I as shown on the plat recorded in Map Book 30at Page 45 in the Carteret County Public Regis,ry
�y
Boot --PAGE
�Softhp

C 1 b _. L (_'J ­
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The property hereinabove described was acquired by Grantor by Instrument recorded in
A map allowing the above described property is recorded in Plat Book page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and eppurtenancea thereto belonging to
the Grantee In fee simple
And the Grantor coven ante with the Grantee, that Grantor le seized of the premises in fee simple, hits 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
derend the title a ffainst &a lawful claims of all persons whomsoever except for the exceptions hereinafter skated
Title to the property hereinabove described is subject to the following exception[
2002 ad valorem taxes
£as=cros and RCRTIChons of Record
W wLTNaaa WIIRRLor the Grenl4e has aefeonte att all bend one feel at If corpersts set chutes this Instrument to be timed to Its
corporate Is ►y Its duly authorized officers and its see$ to be htfeaobr ortixed byauthertty ar its Deard of nirettere the day end yrer tint
above written
.......... ---- - -- -- ---- W Carmel Carousel_LLg _ -- -----
-_(SLAW
(csrp.r►u Nere)
ATTEIT
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it Ahl! •COS NORTH LAXOLLNw. __ ....... _.. _Ceuasy
NOTARY ar r a Notary ruldLa of the County end State slortsald certify that 13Cry2roanA BarrLa,&_WanagetofCatpet
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to tj k Sivc+ Lod u the list at the 0etvdfetlen, ties (eteretag Iuetrutntot rat ligu.d in Its same by Its . .. ._
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l �•' ,` CCII 1 d L a Withtaa my bast i%n /
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t
tba fera[ola[ Certtileetcftl at ............ _.aT ... ... .. ................ .. . ...__. _. ___..
toless eettlllsl to be sottteL =ate 111atrnm Rnt sh/ Chit eartlflcata are duly roglstered at the deto and time end In the ItOsb Bud+rnge Wow. as tho
!Lett pa[e batonf
-- ----------- ------------- - - - __ .._ . ------- -ni teTKiL Or DRSDe ran -. .. ............ .CDIUNTV
by . .... ... . .... . . .......... . ... ......... ............ Dsp6ty/AeslswaL-Heg4t8r of Deeds
r.trna e-it B0OK_.q_3lL -_ Sof1l) o

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S C -- L i i✓
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Carteret County Roplster
7858 04/0s/2002
SB0 00
rH Real Estate
N pLINA Excise Tax
Excire Tax S 80 00
Tax Lot No
Verified by
by
MLIAl0L flrthttr Pry
Carteret Coo t� Fr gist��r in; Duds
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1�19 93E403 ParC 1 of 2
NOFRN CAAOI INd CPiitCFi 7 f �UtJi y
The foregoing CHrhfi' +iP ;) .I Vciury pubic(s) Is',nro
CortMed to be corroc, 1 h,, rn ilrumme, and they Cer'Irl_
calo are duly mgintcrsr, c 1 't, ,,2,0 c rd Urn, rnd ki
tho Book and Page ehc, r i „+a iirW Paps, horcol
mm
M-Y
ey
1
Time Hook and Paine
Parcel Identifler No 39V.Ac/, �5, 5V-112
County on the day of ,
Mail after recording j Stone d4 Ltimsden, $752 Reed Prive, Suite 3, Emerald Isle, NC 29594
This instrument was prepared by Stonc di Gumsden, PC
Brief description for the index ,
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this Wth day of Minh 24a2 , by and between
GRANTOR I GRANTEE
Carpet Carousel, LLC
r ti Daryl T Daniel and wi(e, Wanda W Daniel
604 A Cedar Point Blvd
Swansboro, NC 28584
Carpet Carousel, LI C
604.A Cedar Point Blvd
Swartsboro, NC 28584
I r
Enter In appropriate block for each party name address, and, it appropriate character of entity a it corporation ar partnership
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns and
shall include singular, plural, maeouiinc, feminine or neuter as required by context
WITAESSETH, tkat 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 Gall and convey unto the Grantee in fee simple all that
certain lot or parcel of land situated in the City of Emerald Isle I White Oak Township
Carteret County North Carolina and more particularly described ns follows
Tract 11 as shown an the plat recorded in Map Book 30 at Page 45 in the Carteret County Registry
BOOK PAGE.

i
1
S
The property berainabove dasfrlhed was acquired by Grantor by instrument recorded In
I - _J
A map ahaw)ng the above described property III recorded In Plat Boost pare
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 its fee simple, hae the right to convey
the acme In fee almple, that title ill marketable and free and clear of 'LIP eheumbraneed, and that Grantor will warrant and
defend the title against the lawful taalmd of all peraona Whomsoever except for the exeeptinns hereinafter stated
Title to the property hereinabove described Is subject to the following exeeptio-Is
2602 ad valnrcm taxes
FaSLITI )s and Restrictions of Record
I WITNKIs wNaasor usa Greater ],as hrraahl• let his head &Ad Soak It It aelP.ratr I.aa lave■d tuInternment t to as Ilgood ka III
.•Ip.r.t. norm by Ns delY aatkaltt.d offtesra sad Its aeal to ►r aasauato affixed ay aakh•r07 of Its Basso of Dlr.etprr
eaare welitsa tha day and yru Itrst
.._..-__ .._ - p+ Carlin Carat»el, LI,C� tes,tL)
(CotpaTata Name) _ _ ,
z
my - -- -- -'BY
XtIAU
A7TZ9T-
taaAL)
--- - - - - - -- l yl T Mru el.
J-NE fallerataq (C.rpatita anal)��r— (4aAL)
X�Sxl
� � Wanda LVUenlefr
TA1er tit MONTH CASOLINA _ .. ___.County
NOTARY _, a Notary Puling of M4 County and state afo(esald e,,guy that BrNalnaf)A Barnes MartagernfCatpol
Pl19LlG Carousel, [... ' .... -- .. ...... .... .... . .. .... .. . .. .......... orseter
r
pgnanalty Pppaared borer* me this day and aelnaw1441944 the aareutlan of the londalhd Inrttumont. Wltests my
/ p haaa 804 etlletal stamp H ssal ibis __ a.Y of „yl
--
p MY camrnlNlea ex Itos . 7-ilin-�__----
U
Nota r7 vutiLe
■R,(L a;%A►IR) � 414ORTE AIOLIKA ..��.%�1.f%Z _..[aunty
` CZ o ) I. Iydr Notary Tabl)r Pt the county and slato ataraald, certify that �}(LT—a d rbarrb 6L�g1......
As
~ CJ .{ ]sftehatiy Close IlrrMre the this day and aekaswlodp.d that be IN -- --- - - -------- secretary of
r
rd , , ]Irrj
• P tl "' \ ...._ .......... .. . . ... .... . ...... .. a Nertb eeTellAa serpantlan and that by POReritr 4uly
{
r 1 atrsn and so the its of the corporation the foregoing Initrameat war signed Ih Its same by Its
: P1111dout sealsd with Its tarporats seal and attntJd by _ _. _ /µ III _-. --------- aecr.lary
Wicn.or my hand sea elncul @soup ]]er ere!/}thlw4J1'._day of . � jJ,iG. �.(/GjC�rr'.
1- sty commission e>Eyde,.t ..„l k!- L.G .. t '�1�"l-- - 1f:^s!-� Kelary pubue
�.
She into Poing pits flcatC lr) of . _ 4.t... .. .. . ..... ........ .
Wars esrtlfl.d a as eorrati Tkls Ioetrum.nt end this tarf)fleate at$ duly retlstared at tks date a1%4 time ea4 in the Dealt and Tape shore. Do Lk.
W.I. pat. h.raaf
. ... ....... ... .......... ... aaGlgrRa Or DRaDA ►Ott .. _ _ ... _ COUNTY
■V _ ___ _. .-_- ----- _ . . _.__ .DeantrlAa.lataal Neplatar of Dead,
- - , , A rail r—,..a O 1171 ,caAtNR /OK CL5L- ` Ale- ; ; o o ()

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Land Resources
Land Quality Section
Michael F Easley, Governor
William G Ross Jr , Secretary
4 •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 9, 2002
NOTICE OF VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7001 1140 0002 1286 6434
RETURN, RECEIPT REj2U9STED
Mr Al Barnes
P O Box 7653
Rocky Mount NC 27804
Dear Mr Barnes
JU�0
Project Name Shops at Cedar Point
Project No CA-03145
Carteret County
On December 6, 2002, personnel of this office inspected a project located Highway 24 in Carteret
County, North Carolina This inspection was performed to determine compliance with the North Carolina
Sedimentation Pollution Control Act of 1973 The inspection revealed a land -disturbing activity of
approximately 1 3 acres being conducted
It is our understanding that you and/or your firm are responsible for this land -disturbing activity The
purpose of this fetter is to inform you that this activity was found to be in violation of the Act, NCGS 1 13A-50
to 66, and Title 15A, North Carolina Administrative Code, Chapter 4 if you feel that you are not responsible
for the following violations, please notify this office immediately
The violations that were found are
Failure to file an erosion and sedimentation control plan with this office at least 30 days prior to
beginning a land -disturbing activity on a tract comprising more than one acre, when more than one acre
is to be uncovered, failure to secure this office's prior approval of the plan for any land -disturbing
activity prior to beginning the land -disturbing activity NCGS 113A-54(d)(4), G S 1 13A-57(4) and
15A NCAC 48 0007ic1
A land disturbing activity greater than one acre is size has occurred without an erosion
and sedimentaiton control plan The contractor was personally told of the regulations
during a site visit on October 16, 2002 The surveyor was contacted also
An acceptable erosion and sedimentation control plan must be filed with and approved by this office
and implemented on the site sufficient to prevent off -site sedimentation Until the required plan has
been approved, temporary measures must be provided immediately to control erosion and prevent
sedimentation damage Any additional land -disturbing activities conducted without an approved erosion
and sedimentation control plan will constitute additional violations of the Act We will notify you
following our review of the plan if additional measures are required
127 Cardinat 0nre Extension Wilmington N C 28405 3845 • Telephone [phone] • Fax [phone]
An Equal opportunity Affirmative Action Employer

Mr Al Barnes
December 9, 2002
Page Two
To correct these violations, you must
Submit an erosion and sedimentation control plan
Please be advised that if you fail to respond to this notice or If these violations are not corrected within
15 days of receipt of this notice, the Director, Division of land Resources, will be requested to take
appropriate legal action against you pursuant to NCGS 1 13A-64 That action could be the assessment of a
civil penalty and the amount may be up to $5000 per day for each day of the violation The penalty may be
assessed from the date of the violation, NCGS 113A-61 (a) (1) If these violations are corrected within the
time period specified for compliance, no further legal action will be pursued
Please be advised that any new land -disturbing activity associated with this project must not begin until
the area presently disturbed is brought into compliance with the Act When corrective actions are complete,
you should notify this office so the work can be inspected You should not assume that the property Is In
compliance with the Act until we have notified you After installation, all erosion control measures must be
maintained to proper working order until development Is complete and the site Is completely stabilized
We solicit your cooperation, and would like to avoid taking further enforcement action At the same
time, it is your responsibility to understand and comply with the requirements of the Act Copies of the
relevant statute and administrative rules may be examined at this office or will be sent to you upon request
Should you have questions concerning this Notice or the requirements of the Act, please contact either Janet
Paith or me at your earliest convenience
Please do not hesitate to contact me regarding any questions you might have about this matter
Sincerely,
Darnel Sams, P E , M E
Regional Engineer
DESllbfr
cc Sedimentation Spectafist
KRO LOS
OWQ Supormor MRO
Enclosure Inspection Report

Case #
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITY SECTION 127 Cardinal Drive Ext 11"dmington NC 28405-3845 [phone] /1 -
7-Countv !.� ,['J? S Project s�i(J�s��
/
(�� 140, n/% River Basin f f
Person Financially Responsible 1-
C_f1R 4, V-5 /_ Project #
Address >+~ L A .7 t i <- .0 C
r 7 fs �/ / •,l �� G1Gr e �/ ✓
1 Project Location v .2 `7 Pictures No Z Yes ❑
?.J
Prints ❑ Slides ❑ Digital ❑ Video O
2 Weather and Soil Conditions f ^,/Jt/ i-/ " y
_
3 Is site currently under notice of violation? 'Yes )93- No ❑
4 Is the site in compliance with the S P C A and the rules? Yes ❑ No )3- If no, check violations below
5 Violations
,,Cia No approved plan, G S 113A-57(4) and ISA NCAC 04B 0107(c)
❑ g Inadequate buffer zone, G S 113A-57(1)
❑ b Failure to follow approved plan, G S 113A-61 1
❑ h Graded slopes and fills too steep, G S 113A-57(2)
❑ c Failure to submit revised plan, G S 113A -54 1(b) and
or 15A NCAC 04B 0124 (d)
15A NCAC 04B 0118(a)
❑ , Unprotected exposed slopes, G S 113A-57(2)
❑ d Failure to provide adequate groundcover, G S 113A-57(3) and
❑ j Failure to maintain erosion control measures,
ISA NCAC 04B 0107(b) or 15A NCAC 04B 0124(c)
15A NCAC 04B 0113
❑ e Insufficient measures to retain sediment on site, G S 113A-57(3)
❑ k Other(describe)
❑ f Failure to take all reasonable measures, 15A NCAC 04B 0105
6 Potential NPDES Permit Violation'? Yes ❑ No X Describe
7 Has sedimentation damage occurred since last inspection?
Yes ❑ If yes, where'? (check all that apply) No QN
Lake/natural watercourse on the tract ❑ Lake/natural watercourse off the tract ❑ Other property ❑
Description
Degree of damage Slight ❑ Moderate ❑ Severe ❑
8 Contact made with (Name) iVJ.t%`
Title
Inspection Report given © or sentQ---- to Person Financially Responsible Date given/sent 12 / Wo 2-
9 Corrective actions needed
J
_
10 Comments
� F �.1 ✓ �!7✓' � / L/��iJy !%iY /\� 1� � Ci ! � ,. r' /t Y��f �r+� C/L/ Cl �l
Report by
Others present
Date ofInspection liar �f % Time amving at site / <, Tune leaving site I
Y
cc 5 ,

! er
Case # -
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND QUALITI SECTION 127 Cardinal Drive Est iydnitngfon, NC 28405-3845 (9I0) j9S-
County
Person I
Address
l
/ .
l Project Location .Z. -/ Pictures No ❑ Yes Q'� Prints ❑ Slides ❑ Digital e6— Video ❑
2 Weather and Soil Conditrbns f
3 Is site currently under notice of violation Yes ❑ No
4 Is the site in compliance with the S P C A and the rules') Yes ❑ If no, check violations below
5 Violations
❑ a No approved plan, G S 113A-57(4) and 1SA NCAC 04B 0107(c) ❑ g Inadequate buffer zone, G S 113A-57(1)
❑ b Failure to follow approved plan, G S 113A-61 1 ❑ h Graded slopes and fills too steep, G S 113A-57(2)
❑ c Failure to submit revised plan, G S 113A -54 1(b) and or 15A NCAC 04B 0124 (d)
15A NCAC 04B 011 &(a) ❑ 1 Unprotected exposed slopes, G S 113A-57(2)
❑ d Failure to provide adequate groundcover, G S 113A-57(3) and ❑j Failure to maintain erosion control measures,
15A NCAC 04B 0107(b) or 15A NCAC 04B 0124(e) 15A NCAC 04B 0113
❑ e Insufficient measures to retain sediment on site, G S I I3A-57(3) ❑ k Other(descnbe)
❑ f Failure to take all reasonable measures, 15A NCAC 04P105
6 Potential NPDES Permit Violation Yes ❑ Na Describe
7 Has sedimentation damage occurred since last ins ection Yes If yes, where? (check all that apply) No ❑
Lake/natural watercourse on the tract Lakelnatural watercourse off the tract ❑ Other property ❑
Description
Dg�he of damage Slight ❑ Moderate ❑ Severe ❑
8 Contact made with (Name) K", "N c--L - Title
Inspection Report given ❑ or sent to Person Financially Responsible Date given/sent
9 Corrective actions needed If
10 Comments
C-
R.yport by Others present
N
Date of pection Q / � Tune amving at site >?[� Tune leaving site 2 -y � _
cc ,

BRYANT, STANLEY & FONDRY
A'ITORAEI S AT LAW
RICHARD L STANLCI
MARGARET P FONDRS
PETER P FONDRY
ALFRED S BRYANT
OFCOUNSEL
207 TURNER STREET
POST OFFICE BOX 150
BEAUFORT NC 28516
TELEPHONE 252 72H 7200
February 19, 2003
FAX [phone]
E-MAIL rstanley@marl clis cum
v
,(
Ms Linda Lewis
North Carolina Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
7413 EMERALD DRIVE
EMERALD ISLE NC 28594
TELEPHONE [phone]
FAX [phone]
EMAIL rstanlLyei@mall cltc cnm
Re Stormwater Management Permit application for The Shoppes at Cedar Point
Stormwater Application No SW8021208
Carteret County
Dear Ms Lewis
RESPOND TO BEAUFORT
I have been provided by Al Barnes and John McLean a copy of your letter to Al Barnes dated
February 3, 2003 The purpose of my letter is to clarify your statement that the project appears to
be developed under a "Common Plan of Development" and should be considered as a single project
and would therefore require Stormwater management measures
We do not agree with your position at all One part of this property is owned by my client, Carpet
Carousel, LLC, and the other portion of this property is owned separately by The Shoppes at Cedar
Point, LLC The property of Carpet Carousel, LLC clearly contains less than one acre
Construction and land disturbing activity has been initiated by The Shoppes at Cedar Point, LLC
and no construction or land disturbing activity was contemplated by Al Barnes and The Carpet
Carousel, LLC at the time the land disturbing activity took place by The Shoppes at Cedar Point
The two adjoining properties are not being developed together and are not part of a common plan
of development The properties are not connected to any extent other than they have an adjoining
or abutting common boundary
The two properties do have a common grading contractor in Siin Land Construction Apparently
the heavy machinery operator with Sun Land Development decided that since he was already there
doing work on The Shoppes at Cedar Point, that it would be cost effective to go ahead and grade
the separately owned property of Carpet Carousel This was all done without the knowledge or
consent of A] Barnes who planned to eventually clear the property of Carpet Carousel for the

Ms Linda Lewis
February 19, 2003
page 2
purposes of a building in the future
This situation is simply one of a contractor who jumped the gun because his heavy machinery was
already there and did some work that was unauthorized It is not part of a common plan of
development and being such violation is not that of the property owner
Sincerely yours,
Richard L Stanley
RLS/ls
cc Dan Sams
John P McLean
Al Barnes

Entlt,6 \.lm"
htip //www secretary state nc us/Corporations/soskb/Corp asp 147931
North Carolina
4 •. L"C
Flame F Marshall D" EIPARTM ENT OF THE
Secretary SECRETARY of STATE
t ,
9 �qr
PO Box 29622 Raleigh, NC 27626-0622 [phone]
,*Corporations Hdme
Date 1 /17/2003
Document Filings
poration Names I'
Name Name Type
CARPET CAROUSEL, LLC Legal
ited Liability Company Information
SOSID
0412070
Status
Current -Active
Data Formed
121411996
Citizenship
Domestic
State of Inc
NC
Duration _
DEC 2036 - ,
jistered Agent
Agent Name
Registered Office Address
Registered Mailing Address
Principal Office Address
Principal Mailing Address
Stone, Arnold M
8752 Reed Drive
Suite 3
Emerald Isle NC 28594
8752 Reed Drive
Suite 3
Emerald Isle NC 28594
604 a Cedar Point Blvd
Swansboro NC 28584
600 Cedar Point Blvd
Swansboro NC 28584
Bar -Coded Forms
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to
For questions or comments concerning the Corporations Division, please send e-mail to Corporations A
Click here for help downloading forms
1 of 1 1/17/2003 10 24 AM

Cr?ics D= Cm=
STATE OF NORTH CAROLINA mmm n�eO o C
ANNUAL REPORT-LLC e"` F�-
INCLUDE $200 00 FILING FEE
PAYABLE TO N C SECRETARY
OF STATE
�q
97 Q 6 2 15 ( '`° 9-7 MAR -3 1,H8�i�p- MAR 4 97
FZPORT DOE D 3—01-1997
LLC 10-0 4 1 2 0 7 0 HLED ELAINE F �;�,R5'�.L�
FILING NO —A 0 0 1 SE RE;'i�AA Z 91—I995
t 1! +I
STATE OF ORGANIZATION— NC DATE OF ORMWIZATT014-12-04-1906
I REGISTERED AGENT & REGISTUED OFFICE NAILING ADDRESS ENTER AGENT SAM & FAILING ADDRESS CHANGE HERE
CARPET CUMSPr.I., L3,C
Aitb1= Ed 92OUX
4732 REED DRIVE, BOX= 3
nOMXW ISLE, NC 28394
2 STREET ADDRESS OF REGISTERED OFFICE ENTER STREET ADDRESS CHANGE SE3tE-
0792 RXZD DRY, SCIRE S
MOM&W I81.Y, RC 28594
C&R2mT
3 IF REGISTERED AGENT CHANGED, SIG!"TURE OF NEW AGENT
4 ENTER PRINCIPAL OFFICE ADDRESS "M —
ADDR- 600 Cedar Point Blvd.
c=— Swansboro ST-NC ZIPS-28584
5 ENTER FEDERAL EFPLOYF'xt ID NCR HERE- Nam- 5 E) - 7 7 3 G
6 ENTER NAME, AND BDSINESS ADDRESS OF XW&GERS MM ,
- Al Barnes &DDR- 600 Cedar Point Blvd.
CITY- Swansboro sT- NC zIP- 285$4
NAME- ADDR-
CITY- ST- ZIP-
7 BRIEFLY DESMUBE TIE NATURE OF THE BUSINESS -
Real Estate can= CAPAUM, LLC
B DATE- -�� % - g SIGNF'.D-
aam x6ir bt smandnymamam W uum= iuFm= ouwmm
NAKE- _ _ .ILI Barnes
79" on PBHaT F7a1tc
This form should be returned by the DUE DATE shown above with a check for $200 00 to SECRETARY
OF STATE, ANNUAL REPORT SECTION, POST OFFICE 29525, RALEIGH NC 27626-0525

LIMITED LIABILITY COMPANY (LLC)
ANNUAL REPORT
a
NAME OF LIMITED LIABILITY COMPANY CAgpE7 CAROUSEL, LLC
STATE OF FORMATION NQ ---
SOSID. 0412070
Date Filed 10/18/2002 9 44 00 AM
Elaine F Marshall
North Carolina Secretar3 of State
222910009
SECRETARY OF STATE L L C ID NUMBER 0412070 FISCAL YEAR ENDING — 12/31 /2QQJ�_
MONTH/DAY/YEAR
FEDERAL EMPLOYER ID NUMBER 56 - 2139825
IF THIS IS THE INITIAL ANNUAL REPORT FILING, YOU MUST COMPLETE THE ENTIRE FORM IF YOUR
LLC'S INFORMATION HAS NOT CHANGED SINCE THE PREVIOUS REPORT, PLEASE CHECK THE BOX E
AND COMPLETE LINE 8
REGISTERED AGENT & REGISTERED OFFICE MAILING ADDRESS
2 STREET ADDRESS AND COUNTY OF REGISTERED OFFICE
3 IF THE REGISTERED AGENT CHANGED, SIGNATURE OF THE NEW AGENT
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4 ENTER PRINCIPAL OFFICE ADDRESS HERE ADDRESS-
CITY-
ST- ZIP-
S ENTER PRINCIPAL OFFICE TELEPHONE NUMBER HERE
PLEASE INCLUDE AREA CODE
6 ENTER NAME, TITLE, AND BUSINESS ADDRESS OF MANAGER(S) OR IF THE LLC HAS NEVER HAD MEMBERS, ITS ORGANIZERS
NAME- ADDRESS-
TITLE- CITY- ST- ZIP-
NAME- ADDRESS-
TITLE- CITY- ST ZIP-
NAME- ADDRESS-
TITLE- CITY- ST- ZIP-
7 BRIEFLY DESCRIBE THE NATURE OF BUSINESS
8 CERTIF ATIONOFANTNUAL REP MUST BE CO PLETED BY ALL LUMMD LIABILITY COMPANIES
z0/14/02
FO RM M UiTSIN910NED HY A / THE I L C DATE
BM-09N A. BARNES-. jR MANAGER
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL. REPORT FEE 5200 00 MAIL TO Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525

SOSID 625614
Date Filed 3/28/2002 9 35 AM
Elaine F Marshall
North Carolina Secretary of State
22 087 9019 State of North Carolina
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §57C-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
4
M
The name of the limited liability company is
The Shoppes at Cedar Point, LLC
If the limited liability company is to dissolve by a specific date, the latest date on
which the limited liability company is to dissolve (If no date for dissolution is
specified, there shall be no limit on the duration of the limited liability company )
The name and address of each person executing these articles of organization is as
follows (State whether each person is executing these articles of organization in
the capacity of a member, organizer or both)
Darryl T. Daniel (BOTH)
1704 Benvenue Forest Rd.
P.O. Box 7653
Rocky Mount, NC 27804
The street address and county of the initial registered office of the limited liability
company is
Number and Street 8752 Reed Drive, Suite 3
City, State, Zip Code Emerald Isle, NC 28594 County Carteret
The mailing address, if dfferentfront the street address, of the initial registered
office is
The name of the initial registered agent is
Arnold M. Stone, Esq.

7 Principal office information (Select either a orb) 1
V��
❑ a) The limited liability company has a principal office
The street address and county of the principal office of the limited liability company is
Number and Street 1704 Benvenue Forest Rd
City, State, Zip Code Rocky Mount, NC 27804
County Nash
The mailing address, if different from tlse street address, of the principal office of the
corporation is
P O Box 7653
Rocky Mount, NC 27804
❑ b) The limited liability company does not have a principal office
Check one of the following
X (i) Member -managed LLC all members by virtue of their status as
members shall be managers of this limited liability company
(ii) Manager -managed LLC except as provided by N C G S Section
57C-3-20(a), the members of this limited liability company shall not be managers
by virtue of their status as members
9 Any other provisions which the limited Lability company elects to include are
attached
10 These articles will be effective upon filing, unless a date and/or time is specified
This is theUV day of V Or RC 4 , 20 o 2.,
ure
Darryl T Daniel, Organizer , --7?
Type or Print Name and Title ~
I

Entrt, N tmics
hap Uww w secretary state ne us/Corporations/soskb/Corp asp �54516
North Carolina
1 1r !
- C.� EPAR�! M ENT OF THE
Elaine F. Marshall ..�
Secretary :SECRETARY OF STATE
q�N,
'r f� PO Box 29622 Raleigh, NC 27626-0622 [phone]
�,l/ • f -lam [�1_�_
,!Corporations_Home
Impottant Nonce, ,o ,
Date 1 /17/2003
Document Filings
)ration Names
Name Name Type
The Shoppes at Cedar Point, LLC Legal
ad Liability Company Information
SOSID
14
Status
Current -Active
t
Date Formed
3/28/2002
Citizenship
Domestic
State of Inc
NC 1
Duration Perpetual
>tered Agent
Agent Name
Registered Office Address
Registered Mailing Address
Principal Office Address
Principal Mailing Address
Stone, Arnold M
8752 Reed Drive,
Ste 3
Emerald Isle NC 28594
1704 Benvenue Forest Road
Rocky Mount NC 27804
PO Box 7653
Rocky Mount NC 27804
Bar -Coded Forms
For questions or comments about the North Carolina Secretary of Stage's web site, please se
For questions or comments concerning the Corporations Division, please send e-mail to Car,
Click here for help downloading forms
I of 1 1/17/2003 10 23 AM

SOSID 625614
Date Filed 312812002 9 35 AM
Elaine F Marshall
North Carolina Secretary of State
22 087 90 19 State of North Carolina
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §57C-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
The name of the limited liability company is
The Shoppes at Cedar Point, LLC
2 If the limited liability company is to dissolve by a specific date, the latest date on
which the limited liability company is to dissolve (If no date for dissolution is
specified, there shall be no limit on the duration ofthe limited liability company)
3 The name and address of each person executing these articles of organization is as
follows (State whether each person is executing these articles of organization in
the capacity of a member, organizer or both)
Darryl T. Daniel (BOTH)
1704 Benvenue Forest Rd.
P.O. Box 7653
Rocky Mount, NC 27804
4 The street address and county of the initial registered office of the limited liability
company is
Number and Street 8752 Reed Dave, Suite 3
City, State, Zip Code Emerald Isle, NC 28594 County Carteret
5 The mailing address, if dtfferentfronr the street address, of the initial registered
office is
6 The name of the initial registered agent is
Arnold M. Stone, Esq.

7 Principal office information (Select either a or h)
0 \�
❑ a) The limited liability company has a principal office
The street address and county of the principal office of the limited liability company is
Number and Street 1704 Benvenue Forest Rd
City, State, Zip Code Rocky Mount, NC 27804
County Nash
The mailing address, if different from the street address, of the principal office of the
corporation is
P.O. Box 7653
Rocky Mount, NC 27804
a b) The limited liability company does not have a principal office
S Check one of the following
X (i) Member -managed LLC all members by virtue of their status as
members shall be managers of this limited liability company
(ii) Manager -managed LLC except as provided by N C G S Section
57C-3-20(a), the members of this limited liability company shall not be managers
by virtue of their status as members
9 Any other provisions which the limited liability company elects to include are
attached
10 These articles will be effective upon filing, unless a date and/or time is specified
This is theZO day of V 1� 9c.1A , 20o2,
ure
Darryl T Daniel, Organizer =
Type or Print Name and Title

4
207 TURNER STREET
POST OFFICE BOX 150
BEAUFORT NC 28516
TELEPHONE [phone]
FAX [phone]
E-MAIL rstanley@mail clis com
BRYANT, STANLEY & FONDRY
ATTORNEYS AT LAW
RICHARD L STANLEY
MARGARET P FONDRY
PETER P FONDRY
ALFRED S BRYANT
OF COUNSEL
February 19, 2003
Ms Linda Lewis
North Carolina Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
7413 EMERALD DRIVE
EMERALD ISLE NC 28594
TELEPHONE [phone]
FAX [phone]
E MAIL rstanleyei@mail chs com
1/ �V RESPOND TO BEAUFORT
Re Stormwater Management Permit application for The Shoppes at Cedar Point
Stormwater Application No SW8021208
Carteret County
Dear Ms Lewis
I have been provided by Al Barnes and John McLean a copy of your letter to Al Barnes dated
February 3, 2003 The purpose of my letter is to clarify your statement that the project appears to
be developed under a "Common Plan of Development" and should be considered as a single project
and would therefore require stormwater management measures
We do not agree with your position at all One part of this property is owned by my client, Carpet
Carousel, LLC, and the other portion of this property is owned separately by The Shoppes at Cedar
Point, LLC The property of Carpet Carousel, LLC clearly contains less than one acre
Construction and land disturbing activity has been initiated by The Shoppes at Cedar Point, LLC
and no construction or land disturbing activity was contemplated by Al Barnes and The Carpet
Carousel, LLC at the time the land disturbing activity took place by The Shoppes at Cedar Point
The two adjoining properties are not being developed together and are not part of a common plan
of development The properties are not connected to any extent other than they have an adjoining
or abutting common boundary
The two properties do have a common grading contractor in Sun Land Construction_ Apparently
the heavy machinery operator with Sun Land Development decided that since he was already there
doing work on The Shoppes at Cedar Point, that it would be cost effective to go ahead and grade
the separately owned property of Carpet Carousel This was all done without the knowledge or
consent of AI Barnes who planned to eventually clear the property of Carpet Carousel for the

Ms Linda Lewis
February 19, 2003
page 2
purposes of a building in the future
This situation is simply one of a contractor who jumped the gun because his heavy machinery was
already there and did some work that was unauthorized It is not part of a common plan of
development and being such violation is not that of the property owner
Sincerely yours,
Richard L Stanley
RLShs
cc Dan Sams
John P McLean
Al Barnes

Entity blames
http //www secretary state nc ❑s/Corporations/soskb/Corp asp747931
North Carolina
Elaine F. Marshall D EPARTM ENT of THE
Secretary SECRETARY of STATE
PO Box 29622 Raleigh, NC 27626 0622 [phone]
Date 1/17/2003
Document Filings
;orporation Names
Name Name Type
CARPET CAROUSEL, LLC Legal
imited Liability Company Information
:Y61yIk
0412070
.ails Senate tsius Status
02001 Bill Summanes
Current -Active
AAnnnual Reports 1997 Date formed
12/4/1996
•O•Corporations 1997 Citizenship
ther Le islation
Domestic
- State of Inc
NC
"-+For
J89 Corpor4, OName
New Corporation--- -- Duration_ ____ _ __ _
e � a� at,
BoaRe isteredA q�rt Registered Agent
_ DEC 2036 �.MWw��
•Startn_--
Agent Name
Stone, Arnold M
Registered Office Address
8752 Reed Drive
Suite 3
Emerald Isle NC 28594
Registered Mailing Address
8752 Reed Drive
Suite 3
Emerald Isle NC 28594
Principal Office Address
604 a Cedar Point Blvd
Swansboro NC 28584
Principal Mailing Address
600 Cedar Point Blvd
Swansboro NC 28584
Bar -Coded Forms
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to
7
For questions or,comments concerning the Corporations Division, please send e-mail to Corporations AI
s
Click here for help downloading forms
J
1 of 1 1 /17/2003 10 24 AM

+ 4i STATE Or NORTB CAROLINA -
c2DO.0C
ANIMAL REPORT-LLC gaez-'s-4
INCLUDE $200 OD PILING rzzPAYABLE TO N C_ SECRETARY
OF STATE 8 1 MAR 4'97
97 Q 6 2 5 I9? HAR -3 AM
r r LLC ID-O 4 1 2 0 7 D REPORT DOE D 3-01-�1007
FILED ELAINE F-IJARS L
FILING NO -A 0 0 1 ��CRE#� 1 -31-1996
1 STATE OF ORGANIZATION- NC DATE OF ORGANIZATTON-12-04-1996
1 REGISTERED AGENT 6 REGISTERED OFFICE, MAILING ADDRESS ENTER AGZUT NAME i bW LING ADDRESS CHANGE HERE -
C,A11PE'1' CaRmuL, LLC
AM= m 9TOm
0732 REED DRX", BUM 3
IICERbID ISLE, WC 24594
2 STREET ADDRESS OF REGISTERED OFFICE ENTER STREET ADDRESS CHANGE HERE-
r
87S2 RK= pRI4R, 9IISTT3
Z LD IM, ETC 28594
i CAIt'l T
� r
r
3 IF REGISTERED AGENT CHANGED, simmTORS OF NE4i AGENT
IOJfR MMU 00NWV2VMW OWGUIN1' TO APPOU C1 UNT
,i
4 ENTER PRINCIPAL OFFICE ADDRESS SERE
ADDR- 600 Cedar Point Blvd.
CITY- Swan sboro ST-NC zrP- 2 8 5 8 4
r 5 ENTER FEDERAL EL0?LoYER iD NUImER HERE-
a`- 56-1773246
J 6 ENTER WAKE, AND BUSINESS ADDRESS Or MANAGERS 88RE- ,
J
r - Al Barnes ADDR- 600 Cedar Point Blvd.
CITY- Swansboro ST- NC zip- 28584
ky
f A
7 BRIEFLY DESCRIBE THE NATURE OF THE BUSINESS -
Real Estate
ADDR-
CITY-
ADDR-
CITY-
ADDR-
CITY-
CARPPar ca mm, LLC
ST- ZIP-
ST- ZIP-
ST- ZIP-
9 DATE-- SIGNED-
21
' 0rOff[11D81Bs BYMANAQRaPLOaMiiAiA M00WAVn
to m-
sYPs on raurr warm
This form should be returned by the DUE DATE shown above with a check for $200 00 to SECPETARY
OF STATE, ANNUAL REPORT SECTION, POST OFFICE 25525, RALEIGH NC 27626-0$25

w.� LIMITED LIABILITY COMPANY (LLC)
ANNUAL REPORT
�4
NAME OF LIMITED LIABILITY COMPANY CARPET CAROUSEL, L L
STATE OF FORMATION NNQ
SOSID. 0412070
Date Filed. 10/18/2002 9 44 00 AM
Elaine F. Marshall
North Carolina Secretary of State
222910009
SECRETARY OF STATE L L C ID NUMBER 0412070 FISCAL YEAR ENDING 12131/2QQI
MONTH/DAY/YEAR
FEDERAL EMPLOYER 1D NUMBER 56 - 2139825
IF THIS IS THE INITIAL ANNUAL REPORT FILING, YOU MUST COMPLETE THE ENTIRE FORM IF YOUR
LLC'S INFORMATION HAS NOT CHANGED SINCE THE PREVIOUS REPORT, PLEASE CHECK THE BOX Fx
AND COMPLETE LINE 8
1 REGISTERED AGENT & REGISTERED OFFICE MAILING ADDRESS
2 STREET ADDRESS AND COUNTY OF REGISTERED OFFICE
3 IF THE REGISTERED AGENT CHANGED, SIGNATURE OF THE NEW AGENT
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4 ENTER PRINCIPAL OFFICE ADDRESS HERE ADDRESS-
CITY- ST- ZIP-
S ENTER PRINCIPAL OFFICE TELEPHONE NUMBER HERE
PLEASE INCLUDE AREA CODE
6 ENTER NAME, TITLE, AND BUSINESS ADDRESS OF MANAGER(S) OR IF THE LLC HAS NEVER HAD MEMBERS, ITS ORGANIZERS
NAME- ADDRESS-
TITLE- a CITY- ST- ZIP-
NAME- ADDRESS-
TITLE- CITY- ST- ZIP-
NAME- ADDRESS-
TITLE- CITY- ST- ZIP-
7 BRIEFLY DESCRIBE THE NATURE OF BUSINESS
8 CERTIF ATIONANNUAL REP MUST BE CO PLETED BY ALL LEMMD LIABILITY COMPANLES.
z0/14/02
FORA MUST B GNED BY ATVT��NOT THE LLC DATE
- BENJMSIN A BARNES-,- -JR . MANAGIIt
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE S200 00 MAIL TO Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525

SOSID 625614
Date Filed 3128/2002 9 35 AM
Elaine F Marshall
North Carolina Secretary of State
22 087 9019 State of North Carolina
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §57C-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
The name of the limited liability company is
The Shoppes at Cedar Point, LLC
2 if the limited liability company is to dissolve by a specific date, the latest date on
which the limited liability company is to dissolve (If no date for dissolution is
specified, there shall be no limit on the duration of the limited liability company)
3 The name and address of each person executing these articles of organization is as
follows (State whether each person is executing these articles of organization in
the capacity of a member, organizer or both)
Darryl T. Daniel (BOTH)
1704 Benvenue Forest Rd.
P.Q. Box 7653
Rocky Mount, NC 27804
4 The street address and county of the initial registered office of the limited liability
company is
Number and Street 8752 Reed Drive, Suite 3
City, State, Zip Code Emerald Isle, NC 28594 County Carteret
5 The mailing address, If different from the street address, of the initial registered
office is
6 The name of the initial registered agent is
Arnold M. Stone, Esq.

7 Principal office information (Select either a or b) !
o '�
❑ a) The limited liability company has a principal office
The street address and county of the principal office of the limited liability company is
Number and Street 1704 Benvenue Forest Rd.
City, State, Zip Code Rocky Mount, NC 27804
County Nash
The mailing address, if djfferent from Ilse street address, of the principal office of the
corporation is
P.O. Box 7653
Rocky Mount, NC 27804
❑ b) The limited liability company does not have a principal office
Check one of the following
X (i) Member -managed LLC all members by virtue of their status as
members shall be managers of this limited liability company
(it) Manager -managed LLC except as provided by N C G S Section
57C-3-20(a), the members of this limited liability company shall not be managers
by virtue of their status as members
Any other provisions which the limited liability company elects to include are
attached
10 These articles will be effective upon filing, unless a date and/or time is specified
This is theU?W day of N] t} g -c R , 20p_
lure
Darryl T Daniel, Organizer
Type or Print Name and Title

Entity Names
http //www secretary state nc us/Corporations/soskb/Corp asp954516
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
PO Sox 29622 Raleigh, NC 27626-0622 [phone]
Date 1/17/2003
locument Filings
Corporation Names
Name Name Type
The Shoppes at Cedar Point, LLC Legal
Limited Liability Company Information
SOSID
14
Status
Current -Active
Date Formed
I
3/28/2002
Citizenship
Domestic
State of Inc
NC
_Duration w w_ ____ ___
_ _ ---Perpetual
Registered Agent
Agent Name
Stone, Arnold M
Registered Office Address
8752 Reed Drive,
Ste 3
Emerald Isle NC 28594
Registered Mailing Address
Principal Office Address
Principal Mailing Address
1704 Benvenue Forest Road
Rocky Mount NC 27804
PO Box 7653
Rocky Mount NC 27804
Bar -Coded Forms
For questions or comments about the North Carolina Secretary of State's web site, please se
For questions or comments concerning the Corporations Division, please send e-mail to Cori
f
Click here for help downloading forms
t
of 1 1/17/2003 10 23 AM

..4
SOSID 625614
Date Filed 3/28/2002 9 35 AM
Elaine F Marshall
North Carolina Secretary of State
22 087 9 019 State of North Carolina
Department of the Secretary of State
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §57C-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
The name of the limited liability company is
The Shoppes at Cedar Point, LLC
2 If the limited liability company is to dissolve by a specific date, the latest date on
which the limited liability company is to dissolve (If no dale for dissolution is
specified, there shall be no limit on the duration of the limited liability company)
3 The name and address of each person executing these articles of organization is as
follows (State whether each person is executing these articles of organization in
the capacity of a member, organizer or both)
Darryl T. Daniel (BOTH)
1704 Benvenue Forest Rd.
P.O. Box 7653
Rocky Mount, NC 27804
4 The street address and county of the initial registered office of the limited liability
company is
Number and Street 8752 Reed Drive, Suite 3
City, State, Zip Code Emerald Isle, NC 28594 County Carteret
5 The mailing address, if different from the street address, of the initial registered
office is
7
6 The name of the initial registered agent is
Arnold M Stone, Esq.

FM
Principal office information (Select either a orb)
o '�
❑ a) The limited liability company has a principal office
The street address and county of the principal office of the limited liability company is
Number and Street 1704 Benvenue Forest Rd
City, State, Zip Code Rocky Mount, NC 27804
County Nash
The mailing address, f different front the street address, of the principal office of the
corporation is
P O Box 7653
Rocky Mount, NC 27804
❑ b) The limited liability company does not have a principal office
8 Check one of the following
X (i) Member -managed LLC all members by virtue of their status as
members shall be managers of this limited liability company
(n) Manager -managed LLC except as provided by N C G S Section
57C-3-20(a), the members of this limited liability company shall not be managers
by virtue of their status as members
9 Any other provisions which the limited liability company elects to include are
attached
10 These articles will be effective upon fling, unless a date and/or time is specified
This is they u day of N1 t c kA , 20o2,
ure
Darryl T Daniel, Organizer r 2MI r-?
Type or Print Name and Title