SW8050242_HISTORICAL FILE_20060110

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
J�l�*Olz
YYYYMMDD

State Stormwater Management Systems
Permit No. SW8 050242
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
William L. Smith & Westpark Plaza, Inc.
Westpark Plaza
US 17 N, 1.5 miles south of Shallotte, Brunswick County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules' and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until January 10, 2016 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 in Section 1.5 on page 3 of this permit. The subdivision is
permitted for 7 lots, each allowed a maximum amount of built -upon area as
described in Section 11.12 of this permit.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
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.
Page 2 of 9

State Stormwater Management Systems
Permit No. SW8 050242
The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
a. Drainage Area, acres:
23.0
Onsite, ft2:
1,001,880
Offsite, ft2:
0
b. Total Impervious Surfaces, ft2:
851,598
7 Lots, ft2:
763,768
Roads/Parking, ft2:
67,937
Sidewalk, ft2:
18,048
Pump Station, ft2:
1,845
c. Pond Depth, feet: 6.0
d.
TSS removal efficiency:
90%
e.
Design Storm:
1
f.
Permanent Pool Elevation, FMSL:
14.5
g.
Permitted Surface Area @PP, ft2:
78,400
h.
Permitted Storage Volume, ft3:
167,562
i.
Storage Elevation, FMSL:
16.5
j.
Controlling Orifice:
4.0"0 pipe
k.
Permanent Pool Volume, ft3:
375,699
I.
Forebay Volume, ft3:
75,140
m.
Maximum Fountain Horsepower:
1
n. Receiving Stream 1 River Basin
o. Stream Index Number:
p. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
1
F
Shallotte River/ Lumber
15-25-2-(7.5)
"SC HQW"
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
Page 3 of 9

State Stormwater Management Systems
Permit No. SW8 050242
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
4. 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 the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of 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
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit. _
6. 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.
7. 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.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. 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.
10. 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.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
Page 4 of 9

State Stormwater Management Systems
Permit No. SW8 050242
12. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 050242, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot, in square feet, is as listed below:
Lot 1
105,743
Lot 5
93,464
Lot 2
76,106
Lot 6
9,380
Lot 3
76,262
Lot 7
239,291
Lot 4
79,422
This allotted amount includes any built -upon area constructed within the
lot property boundaries, and that portion of the right-of-way between the
front lot line and the edge of the pavement. Built upon area includes, but is
not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff from the built -upon areas on the lot must drain into the permitted
system. This may be accomplished by providing roof drain gutters which
drain to the street, grading the lot to drain toward the street, or grading
perimeter swales and directing them into the pond or street. Lots that will
naturally drain into the system are not required to provide these measures.
Built -upon area in excess of the permitted amount will require a permit
modification.
j. Each lot within the subdivision whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management Permit
application package to the Division of Water Quality and receive a permit
prior to any construction on the lot.
13. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
Page 5 of 9

State Stormwater Management Systems
Permit No. SW8 050242
14. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
C. The falling water from the fountain must be centered in the pond, away from
the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 1 HP.
15. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
16. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
17. 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.
18. 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.
19. Built upon area includes, but is not -limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
Ill. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality accompanied by appropriate documentation from the parties involved.
This may include, but is not limited to, a deed of trust, recorded deed restrictions,
Designers Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
Page 6 of 9

State Stormwater Management Systems
Permit No. SW8 050242
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. 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.
4. 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.
5. 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.
6. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 10th day of January 2006.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 050242
Page 7 of 9

Page I of l
North Carolina
Elaine F. Marshall DEPARTMENTOF THE
Secretary SECRETARY OF STATE
Corporations
"Corporations Home
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*Printable Page
PO Box 29622 Raleigh, NC 27626-0622 [phone]
Date: 6/9/2005
Click here to:
View Document Filings 1
11q Print apre-populated Annual Report Form I File an Annual Report
Corporation Names
Name Name Type
NC Westpark Plaza, Inc. Legal
NC West Point Plaza, Inc. Prev Legal
Business Corporation Information
SOSID:
FID:
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Agent Name:
Registered Office Address:
Registered Mailing
Address:
Principal Office Address:
Principal Mailing Address
Stock
0760605
Current -Active
1 /10/2005
Domestic
NC
Perpetual
Smith, William L.
972 Old Ocean Highway
Bolivia NC 28422
972 Old Ocean Highway
Bolivia NC 28422
No Address
No Address
Class Shares No Par Value Par Value
Common 1000 Yes NIA
For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster.
http://www.secretary.state.nc.us/Corporations/Corp.aspx?Pitemld=7673920
6/9I2005

SOSID: 760605
Date Filed: 1/10/2005 8:27:00 AM
Elaine F. Marshall
North Carolina Secretary of State
C200500400199
ARTICLES OF INCORPORATION
WEST POINT PLAZA, INC.
I, the undersigned individual, do hereby make and acknowledge these Articles of
Incorporation for the purpose of forming a business corporation under the laws of the State of
North Carolina, as contained in Chapter 55 of the General Statutes of North Carolina, entitled
" North Carolina Business Corporation Act ", and several amendments thereto, and to that end do
hereby set forth:
I. NAME
The name of the Corporation is West Point Plaza, Inc.
II. PERIOD OF DURATION
The period of duration of the Corporation is perpetual,
III. CAPITAL STOCK
The Corporation shall have the authority to issue One Thousand (1,000)
shares of corporate stock without stated par value.
IV. MINIMUM CAPITAL
The minimum amount of consideration to be received by the Corporation
for its shares before it commences business is One Hundred Dollars ( $100. ) in cash or property
of equivalent value.
V. INITIAL BOARD OF DIRECTORS
The number of Directors of the Corporation may be fixed by the By-laws
but shall not be less than two, except that so long as all shares of the Corporation are owned by
either one or two shareholders, the number may be fewer than two but not fewer than the number
of such shareholders. The number of Directors constituting the initial Board of Directors shall be
two (2) and the names and addresses of the persons who are to serve as Directors until the first
meeting of the shareholders or until their successors are elected and qualified are:

1,
d
NAME: ADDRESS:
William L. Smith 105 Swordfish Dr.
Holden Beach, NC 28462
Elizabeth Ann Smith 105 Swordfish Dr.
Holden Beach, NC 28462
VI. NAME AND ADDRESS OF INCORPORATOR
NAME: ADDRESS:
Sam H. Edwards PO Box 968
Shallotte, NC 28459
VII. REGISTERED AGENT AND OFFICE
The name and address of the initial registered agent and office for the
corporation is William L. Smith, Brunswick County, 972 Old Ocean Highway, Bolivia, NC
28422.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal to
duplicate originals of these Articles of incorporation of West Point Plaza, Inc. this 17th day of
December, 2004.
5&, , 0 • E.L►" ( SEAL)
SAM H. EDWARDS, ATTORNEY
INCORPORATOR

SOSID: 0760605
Date Filed: 3/10/200512:32:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200506700299
State of North Carolina
Department of the Secretary of State
ARTICLES OF AMENDMENT
BUSINESS CORPORATION
Pursuant to §55-10-06 of the General Statutes of North Carolina, the undersigned corporation hereby
submits the following Articles of Amendment for the purpose of amending its Articles of Incorporation.
1. The name of the corporation is: WEST POINT PLAZA, INC .
2. The text of each amendment adopted is as follows (State below or attach):
Amendment to change the name of the corporation to
Westpark Plaza, Inc.
3. If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions
for implementing the amendment, if not contained in the amendment itself, are as follows:
N/A
4, The date of adoption of each amendment was as follows: 2 / 01 / 2 0 0 5
5. (Check either a, b, c, or d, whichever is applicable)
a. The amendment(s) was (were) duly adopted by the incorporators prior to the issuance of
shares.
b. The amendment(s) was (were) duly adopted by the board of directors prior to the issuance of
shares.
C. The amendment(s) was (were) duly adopted by the board of directors without shareholder
action as shareholder action was not required because (set forth a brief explanation of why shareholder
action was not required.)
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
(Revised January 2000) (Form B-02)

ARTICLES OF AMENDMENT
Page 2
d._X_The amendment(s) was (were) approved by shareholder action, and such shareholder approval
was obtained as required by Chapter 55 of the North Carolina General Statutes.
6. These articles will be effective upon filing, unless a delayed time and date is specified:
This the % S{ day of _FQA,f" X . _, 200 '
West Point Plaza.
Name of Corpora ' +
f
SignsKre
4691AC
Type or Print Name and Tit e
NOTES:
1. Filing fee is S50. This document and one exact or conformed copy of these articles must be filed with the
Secretary of State.
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
(Revised Januaiy 2000) (Form B-02)

"I'll ck C-aunty--Rcgister o.f Ike ds Robert J. Robinson
Irlrt 029048.1 Book 2238Page 250
09/.15/2005 04:40:37rvi Reeg
RECEIVED
SEP 2 6 2005 RET
Dw@ TOTAL REV TC#
DROJ # REC#� CK AMTU- CK#
CASH --__.REF.....__RY=—
NORTH CAROLINA )
} DEED OF DRAINAGE EASEMENT 9
COUNTY OF BRUNSWICK )
ter.
This Deed, made this day of 2005, be "&';between. W
Russ, Jr. and wife, Polly G. Russ, and Billie Jean Milligan and husban& Bibby -Dane
Milligan, and Lisa R. Tuggle and husband, Bernie M. Tuggle ("GrQgr',),$and William
L. Smith and wife, Elizabeth Ann Smith, whose address is o
WITNESSETH MI} *',,
Whereas Grantee is the owner of a 23 ac,.ea� more or less, as shown on a
survey plat prepared by Steve M. Norris, P.L,entttlgd`Survey for William Smith,"
dated July 7, 2005 and recorded in the OfficeWthe Register of Deeds for Brunswick
County, North Carolina in Map Cabinet;,3�3, at 'age 02 it ;
Whereas Grantor is the owngrcif alineated as "Stormwater Easement," on
the aforementioned survey map; ,;Fs l 'k ,
NOW THEREFORE, for _Ten Dollars and other valuable consideration, the
receipt of which is hereby a `,,'d ged, Grantor does hereby grant, bargain, and convey
unto Grantee a drainage easegtte%ewer, on, and upon the lands delineated as "Stormwater
Easement on the surybt p pared by Steve M. Norris, P.L.S, entitled "Survey for
William Smith," dat ,fly; 2005 and recorded in the Office of the Register of Deeds
for Brunswick wtlty, [+ x[ti Carolina in Map Cabinet 33 at Page 0 r Y
I T� .�
This drainage:caserrisrlt shell be an easement appurtenant and run with the'title of said
land.
szt0

/PieL.�w
aLlII7i5 ck Cb IIlt —Register Of Robert J. Robinson
rust 1290484 Book 2238Page 250
09/3.6/2005 04:40:37pm .?qf760 (P
NORTH CAROLINA
COUNTY OF BRUNS WICK
T�- ��•{�
TAL REV TC�
c# cx MUM#
— ._ REF—. .,,_ 8 y:4z
DEED OF DRAINAGE EASEMENT
This Deed, made this day of 12005, be and between W.T.
Russ, Jr. and wife, Polly G. Russ, and Billie. Jean Milligan and husband, Bobby Dane
Milligan, and Lisa R. Tuggle and husband, Bernie M. Tuggle ("Grantor"); and William
L. Smith and wife, Elizabeth Ann Smith, whose address is
("Grantee's
WITNESSETH
Whereas Grantee is the owner of a 23 acre tract, more or less, as shown on a
survey plat prepared by Steve M. Norris, P.L.S, entitled "Survey for William Smith,"
dated July 7, 2005 and recorded in the Office of the Register of Deeds for Brunswick
County, North Carolina in Map Cabinet 3 3 at Page
Whereas Grantor is the owner of land delineated as "Stormwater Easement," on
the aforementioned survey map;
NOW THEREFORE, for Ten Dollars and other valuable consideration, the
receipt of which is hereby acknowledged, Grantor does hereby grant, bargain, and convey
unto Grantee a drainage easement over, on, and upon the lands delineated as "Stormwater
Easement" on the survey plat prepared by Steve M. Norris, P.L.S, entitled "Survey for
William Smith," dated July 7, 2005 and recorded in the Office of the Register of Deeds
for Brunswick County, North Carolina in Map Cabinet 33 at Page ft-7 r 4'
This drainage easement shall be an easement appurtenant and run with the title of said
land.
RECEIVED
DEC 14 2005
DROJ # SWY0 SUZT2

Inst 8 290484 Hook 2238Page_ 251
In Testimony Whereof, said Grantor has hereunto set his/her hand and seal the
day and year first above written.
&-T � _(SEAL)
W.T. Russ, Jr.
PaA (SEAL)
Polly Gckuss
J ' (SEAL)
R. Tuggle
(SEAL)
emie M. Tuggle
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I, (/ 14r a Notary Public, do
hereby certify► that . T
personally appeared before me this day and admowredged the due execution of the
fo goin instrumen Witness my hand and official seal or stamp, as of
7�rp yr Seal)
�s°
� y�Osp�►�
906
r k uc
.SSW'trVe
'pines:

inst ll 290484 Hook 2238Page: 252
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I, -TW 031mo 4wg a Notary Public, do
hereby certify that < `&DIlde 9-0 .
personally appeared before me this day and ad6nowledged the due exetution of the
fo going instrument. Witness my hand and official seal or stamp, as of
TEAH OSBORNE
NOTOMOW&I
BRUNS CWK COUNTY NC
My Commission Expires
7 23-2010
My Commission expires:
STATE OF /VG
COUNTY OF &AVf W -
1, T
gm A*Oelc- a Notary Public, do
hereby certify that . TV t4♦
personally appeared before me this day and acknowledged the due execution of the
fo going instrument. Witness my hand and official seal or stamp, as of
swoe U � - !g
Qor Seal}
ON A nnOO Uv3 �I 9 .
�::LOT
Pub c
311en A& ,!H
SO Hb3L
My Commission expires:
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK TEAR OSBORNE
The Foregoing,(orannexed) Certificate(s)of�
Notary(ies) Public is (are) Certified to be Correct. 16th September 2005
This Instrument was filed for Registration on this Day of ,
in the Book and page shown on the First Page hereof. 1 �� , t ' n , <„ A
ROBERT J. ROrINSON, Register of Deeds

JOHN C. KINLAW
COLDWELL BANKER COMMERCIAL
�..1
SLOANE REALTY
790-1 SUNSET BLVD. IV
ti
✓ SUNSET BEAC11, NC 28468
DEC, r
�'-� �� BUS. [phone]
l
7 FAX [phone]
<�05
kin 11wOmindspring.com
w—johnkinlaw.com
Tuesday, December 13, 2005
Linda Lewis
NC- DENR
127 Cardinal Drive Ext.
Wilamington, NC 28405
RE: Stormwater„Application No. SWB 050242 (Westpark Plaza -Brunswick County)
Dear Mrs. Lewis:
I am the Project Supervisor for Westpark Plaza, Inc, and have been authorized by Mr. William L.
Smith to represent him in all questions concerning the Westpark Plaza Project.
This letter is in response to your inquiry to Mr. Smith (see incl91), on 11-28-05, concerning the
proposed deed restrictions and the recorded easement agreement for the Westpark Plaza Project.
As per your request, the Hewett Law Firm (910-755-6666) has revised the "Declaration Of
Protective Covenants Of Westpark Plaza" (see incl #2) to satisfy your requirements. They have
also included a complete recorded easement agreement (see incl #3) and a reference map/plat
(see incl #4).
I would appreciate your giving me a call (910-626-6501) at your earliest convenience, to advise me
as to the status of our pending Stormwater Management Permit Application.
Sincerely,
Cv
Jahn C. Kinlaw
REALTORO
cc: Margaret Gray (McKim & Creed)
Each Office Is Independently Owned And Operated.

�OF W APF9 Michael F. Easley, Governor
O G William G. Ross, Jr., secretary
North Carolina Department of Environment and Natural Resources
> -�
0 Alan W. Klimek, P.E. Director
Division of Water Quality
November 28, 2005
Mr. William L. Smith, President
Westpark Plaza, Inc.
PO Box 749
Supply, NC 28462
Subject: Request for Additional Information
Stormwater Project No. SW8 050242
Westpark Plaza
Brunswick County
Dear Mr. Smith:
The Wilmington Regional Office received some of the previously requested additional
information regarding the pending Stormwater Management Permit Application for Westpark
Plaza on September 26, 2005. 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. The proposed deed restrictions contain two separate Articles, 13R and 24, both
dealing with Stormwater Management. Article 13R still refers to the 82% per lot
BUA, which is not correct. Please either replace Article 13R with Article 24, or
remove Article 13R from the covenants to avoid confusion and unnecessary
conflict.
2. Please provide a copy of the complete recorded easement agreement document,
including all pages, signatures, and referenced maps. Only the first page was
submitted.
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 December 28, 2005, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of
all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information. The
Division is allowed 90 days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer 5ervice1-877-623.6748
Wilmington Regional Office Wilmington, NC 28405.3845 FAX [phone] Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
hlorthCarolina
,-Aatura!!y

Mr. Smith
November 28, 2005
Stormwater Application No. SW8 050242
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
ENBlarl: S:IWQSISTORMWATERIADDINF0120051050242.nov05
cc: Margaret Gray, McKim & Creed
Linda Lewis
Page 2 of 2

050242 Westpart Plaza
Subject: 050242 Westpart Plaza
From: Linda Lewis <[e-mail]>
Date: Tue, 29 Nov 2005 09:52:36 -0500
To: Margaret Gray <[e-mail]>
Margaret:
Attached please find my request for additional information.
Linda
Content -Type: application/msword
050242.nov05.doc
Content -Encoding: base64
i
of 1 1 I /30/2005 8:33 AM

�MCKIM&CREED
September 23, 2005
Linda Lewis
NCDENR Division of Water Quality
1.27 Cardinal Drive Ext.
Wilmington, NC 28405-3845
RE: Stormwater Project No. SW 8 050242
Westpark Plaza, Brunswick County
Dear Ms. Lewis: 123Y.
M&C 4016-0001
SEP 2 6 2005
Thank you for your comment letter dated August 26, 2005 regarding the above -mentioned
project. Your comments (in bold) are provided below followed by our responses (in italic):
The Division is still waiting for a copy of the proposed covenants and deed restrictions
which incorporate the required stormwater statements, as required on June 9, 2005. The
permit cannot be issued until these are submitted.
• Attached
2. The Division is also still waiting for a copy of the signed and recorded easement
agreement for the flow path from the outlet structure across the adjacent property, as
requested on June 9, 2005.
• Attached
The numbers reported on the supplement are supposed to represent what is being
provided in the pond. The temporary pool volume being provided is that volume that
equates to elevation 16.5, which is approximately 165,880 cubic feet, not 68,044 cubic feet.
Please revise the supplement to accurately reflect the provided temporary storage volume
up to the specified storage elevation of 16.5.
Revised and attached
4. The sediment removal elevations shown on the supplements are much too high. It
appears that you are allowing the system to lose 75% of its capacity before cleanout. This
is incorrect. The system must be cleaned out when the capacity is reduced to 75% of its
original capacity. Stated another way, the system can only lose a maximum of 25% of its
capacity before cleanout. Please revise the sediment removal elevations to elevation 10,
243 NORTH FRONT STREET, WILMINGTON, NORTH CAROLINA 28401
TEL [phone] FAX [phone] www.mokimcfeed.com
AA0002667

Linda Lewis
NCDENR Division of Water Quality
September 23, 2005
Page 2 of 2
which is 4.5 feet below the permanent pool eIevation, or 75% of the design depth of 6.0
feet.
• Revised and attached
I trust that our responses have satisfactorily addressed your comments. Please feel free to
contact me should you have further questions after reviewing our responses and the enclosed
materials. Thank you for your assistance with this project.
Sincerely,
McKIM & CREED, P.A.
P' 1
Margaret Gray, RLA
Sr. Project Manager
/bhc
Enclosures:
Proposed Declaration of Protection Covenants of Westpark Plaza
Deed of Drainage Easement
Wet Detention Basin Supplement (SWU-102) pages 1 and 3
cc: . File w/ enc
s:14016100071 10-Comm\092305 NCDLNR DWQ Response Urpoc
v�MCIQM&CREED

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Robert J. RobinsonR� "X�A 3
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DEED OF DRAINAGE EASEMENT
COUNTY OF BRUNSWICK
Thi Deed, fade this day of , 2005, be and between W.T.
Russ; 0�Polly G. Russ, and Billie Jean Milligan and husband, Bobby Dane
11� C#fl� llijan, and Lip R. Tuggle and husband, Bernie M. Tuggle ("Grantor" ); and William
l!� U.6 atb�and�wife-, Eiixabeth Ann Smith, whose address is
22 wQzz
IZ, ("Grantee")
WITNESSETH
Whereas Grantee is the,,,owner of a 23 acre tract, more or less, as shown on a
survey plat prepared by Steve 11 'Norris, P.L.S a titled'` t� vey for William Smith,"
dated July 7, 2005 and recorded in tfi&40ffire�f WiI g' i� of Deeds for Brunswick
County, North Carolina in Ma �a�i' �t a afP t, ;
Whereas Grantor is th owner of lanil�d )i,�a j5 "Stormwater Easement," on
the aforementioned survey map;
NOW THEREFORE, for Ten Dollars and other valuable consideration, the
receipt of which is hereby acknowledged, Grantor does hereby grant, bargain, and convey
unto Grantee a drainage easement over, on, and upon the lands delineated as "Stormwater
Easement" on the survey,�at prepared by Steve M. Norris, P.L.S, entitled "Survey for
William Smith," dated July %ZQ05 and recorMji ��fice of the Register of Deeds
for Brunswick County, North C 1i�iF51Map-Cabinet,33 at Page � t d'
This drainage easement sli��l aMei�sement ap,} wUm and run with the title of said
land. L-

1M�o��� R� �„2
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In Testimony Whereof, said Grantor has hereunto set his/her hand and seal the
day and year first above written.
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W.T. Russ, Jr: lr ` JQ AZZ
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Polly GF'Russ
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Inst g 290484 Book 2238Page: 252
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efore me this day and ac&owled"ged the due execution of the
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TEAH OSBORNE 12.
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BRUNSWICK COUNTY NC
My Commission F-i0res �r�n�llrl�i °1lici�0��7-23-2010 � %,yb
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STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing,(or annexedif e5gificate(s) of
TEAR OSBORNE
Notary(ies) Public is (are) Ukihf d to Ii XX-T eet 16th September 2005
This Instrument was filed for Registration on tiNT Day of
in the Book and page shown on the First Page hereof. `
R013EIRT J. 110 I S N, Register of Deeds

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SW8 050242
Subject: SW8 050242
From: "Margaret Gray" <MGray@ ickimcreed.corn>
Date: Fri, 23 Sep 2005 16:20:18 -0400
To: "Linda Lewis" <[e-mail]>
CC: "Richard Collier" <[e-mail]>
Linda — I just received a copy of the covenants and off -site stormwater easement. I didn't
want to respond to the "add info" until everything was in. It is now but you had requested it
prior to Sept. 26th. It will be delivered on that day. Let me know if that's a problem. If not
thanks in advance,
Margaret Gray
McKim 8 Creed, PA
243 North Front Street
Wilmington, NC 28401
910-343-1048 ph 910-251-8282 fox
1 of 1 9/26/2005 8:23 AM

�OF W AT �9W Michael F. Easley, Governor
,�O G William G. Ross, Jr., Secretary
�
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, RE. Director
Division of Water Quality
August 26, 2005
Mr. William' L. Smith, President
Westpark Plaza, Inc.
PO Box 749
Supply, NC 28462
Subject: Request for Additional Information
Stormwater Project No. SW8 050242
Westpark Plaza
Brunswick County
Dear Mr. Smith:
The Wilmington Regional Office received a Stormwater Management Permit Application for
Westpark Plaza on July 8, 2005. 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. The Division is still waiting for a copy of the proposed covenants and deed
restrictions which incorporate -the required stormwater statements, as requested on
June 9, 2005. The permit cannot be issued until these are submitted.
2. The Division is also still waiting for a copy of the signed and recorded easement
agreement for the flow path from the outlet structure across the adjacent property,
as requested on June 9, 2005.
3. The numbers reported on the supplement are supposed to represent what is being
provided in the pond. The temporary pool volume being provided is that volume that
equates to elevation 16.5, which is approximately 165,880 cubic feet, not 68,044
cubic feet. Please revise the supplement to accurately reflect the provided temporary
storage volume up to the specified storage elevation of 16.5.
4. The sediment removal elevations shown on the supplements are much too high. It
appears that you are allowing the system to lose 75% of its capacity before cleanout.
This is incorrect. The system must be cleaned out when the capacity is reduced to
75% of its original capacity. Stated another way, the system can only lose a
maximum of 25% of its capacity before cleanout. Please revise the sediment
removal elevations to elevation 10, which is 4.5 feet below the permanent pool
elevation, or 75% of the design depth of 6.0 feet.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910} 796-7215 Customer Servicel-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCaroI/l/Iina
An Equal OpportunitylAffrmative Action Employer— 50% Recycled110% Post Consumer Paper NaQtura�ll y

Mr. Smith
August 26, 2005
Stormwater Application No. SW$ 050242
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 September
26, 2005, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this
letter. The request must indicate the date by which you expect to submit the required
information. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under
an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and
is subject to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any
original documents that need to be revised have been sent to the engineer or agent. All
original documents must be returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
ENB/arl: S:1WQSlSTORMWATERIADDINF0120051050242.aug05
cc: Richard Collier, P.E., McKim & Creed
Linda Lewis
Page 2 of 2

Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within 2 to 5 days as designed.
2. Repair eroded areas immediately; re -seed as necessary to maintain good vegetative cover, now
vegetative cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed
of in an appropriate manner and shall be handled in a manner that will not adversely impact water
quality (i.e. stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth
reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 4.0 feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads 4_0 feet in the fore bay, the sediment shall be removed.
Sediment Remova E1, t2.50 �2.0
Bottom Elevation 8.5 40
FOI; EBAY
BASIN DIAGRAM
(fill in the blanks)
Permanent Pool Elevation 14.50
Sediment Removal Elevation 12.50 2.0
Bottom Elevation 8.5 4.0
MAIN POND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and fore bay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical.
7. All components of the wet detention basin system shall be maintained in good working order.
Form: SWU-102 Rev. 3.99 Page 3 of

Permit No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Mana-,ement Plan Review:
A complete stormwater management plan submittal includes a wet detention basin supplement for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a fully executed
operation and maintenance agreement.
I. PROJECT INFORMATION (please complete the following information):
Project Name:
WestAark Plaza
Contact Person: Richard Collier, PE Phone Number: [phone]
For project with multiple basins, specify which basin this worksheet applies to: 1
Elevations
Basin Bottom Elevation 8.50 ft. (floor of the basin)
Permanent Pool Elevation 14.50 ft. (elevation of the orifice)
Temporary Pool Elevation 16.50 ft. (elevation of the discharge structure ovetflo►v)
Area
Permanent Pool Surface Area
Drainage Area
Impervious Area
Volumes
Permanent Pool Volume
Temporary Pool Volume
Forebay Volume
Other parameters
SA/DA I
Diameter of Orifice
Design Rainfall
Design TSS Removal Z
78,400 sq. ft. (water surface area at the orifice elevation)
23 ac. (on -site and off site drainage to the basin)
19.55 ac. (on -site and off -site drainage to the basin)
375,699 . cu. ft. (combined volume of main basin and forebay)
68,044 cu. ft. (volume detained above the permanent pool)
75.140 cu. ft. (approximately 20% of total volume)
4.9 (surface area to drainage area ratio from DWQ table)
4 in. (2 to 5 day temporary pool draw -down required)
1 in.
90 % (minimum 85% required)
Form: SWU-102 Rev. 3.99 Page I of

v MCKITW&CREED
July 8, 2005 (delivered) M&C 04016-0001 (40)
Linda Lewis
Environmental Engineer
NCDENR Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
United States of America
RE: Response to Request for Additional Information
Stormwater Project No. SW8 050242
Westpark Plaza - Brunswick County
Dear Ms. Lewis:
RECEIVED
JUL 0 8 2005
nwQsU242
PR03 # S 11�7 d
We are writing in response to your letter of June 9, 2005, on the above reference project. We
offer the following responses to your comments and request for additional information:
1. Please provide a copy of the entire set of proposed restrictive covenant in legal format,
which contain the attached statements.
• Forthcoming - will provide as soon as complete.
2.. Please specify the amount of built -upon area in square feet for each lot in the restrictive
covvenants document. This total should match the future built -upon area reported on
the application of 763,768 ft.
Table attached to be included in restrictive covenants.
3. Please provide an original signature on the application and supplement. The documents
submitted are copies, which cannot be accepted.
0 Originals attached.
4. The calculations indicate that a 4" orifice is being used, however the detail indicates that
a 1.5" hole is to be drilled into a 4" PVC tee section. This means that the orifice diameter
is 1.5", not 4". However, a 1.5" diameter orifice will not draw down the required
volume in 2-5 days, whereas the 4" orifice will. Please remove the note regarding the
1.5" drilled hole from the overflow structure detail.
• 1..5" note has been removed.
S:1401610001\4(1-Permit1070805Stc22M'IgbVFFrePV6$:T STREET, WILMINGTON, NORTH CAROLINA 28401
TEI 910.343.1048 fax [phone] www.mckimereed.com
AA0002667

Linda Lewis
July 8, 2005
Page 2
5. It is extremely important to note that the rules require the pond to draw down to the
permanent pool level in 2-5 days. If a downstream outlet is not available, you will be in
violation of the permit. As previously requested, please show the entire flow path the
runoff from the pond will take all the way down to the nearest receiving waters,
excluding wetlands.
• Requirement met/initialed. Flow path course attached.
6. The runoff from the pond's outlet structure is being directed onto adjacent property.
There is no drainage easement shown on this property, and it appears that grading work
will need to be done on the adjacent property in order to provide a drainage outlet.
Please provide a copy of the recorded easement agreement with your neighbor. The
runoff from the pond should be contained in a ditch or swale within a recorded drainage
easement. The runoff should not just sheet flow across your neighbor's property, unless
they specifically agree to that.
• Easement agreement is currently being drafted.
7. The permanent pool and temporary pool elevations reported on the supplement do not
match up with the calculations or the plans. Please revise the plans, details, calculations
and/or application as necessary to make them match up.
• Corrected and coordinated. Revised calculations, (G3 & C-7) plans and supplement
form attached.
If you have any questions or require clarification, please do not hesitate to contact me.
Sincerely,
McKIM & CREED, P. A.
(&�� A, 6A-
Richard Collier, P.E.
/jmf
Enclosures:
cc: John Kinlaw w/Coldwell - Ltr only
Bill Smith w/Westpark - Ltr only
File w/encs
S. 401 G \ 0001140-Perm it \070805 Slormw,ater Kctiponsa Lt,duc
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v lMCM4&CREED

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Advanced Query I public primary information sources
littp://gis.brLinsco.net/viewer.htm 7/8/2005

�QF WAT�9. Michael F. Easley, Governor
�O G William G. Ross, Jr., Secretary
�
North Carolina Department of Environment and Natural Resources
Y Alan W. Klimek, P.E. Director
Division of Water Quality
June 9, 2005
Mr. William L. Smith, President
Westpark Plaza, Inc.
PO Box 749
Supply, NC 28462
Subject: Request for Additional Information
Stormwater Project No. SW8 050242
Westpark Plaza
Brunswick County
Dear Mr. Smith:
The Wilmington Regional Office received a Stormwater Management Permit Application for
Westpark Plaza on April 4, 2005. A preliminary review of that information has determined that
the application is not complete. The following information is needed to continue the
stormwater review:
As previously requested, please provide a copy of the entire set of proposed
restrictive covenants in legal format, which contain the attached statements.
2. Please specify the amount of built -upon area in square feet for each lot in the
restrictive covenants document. This total should match the future built -upon area
reported on the application of 763,768 W.
3. Please provide an original signature on the application and supplement. The
documents submitted are copies, which cannot be accepted.
4. The calculations indicate that a 4" orifice is being used, however the detail indicates
that a 1.5" hole is to be drilled into a 4" PVC tee section. This means that the orifice
diameter is 1.5", not 4". However, a 1.5" diameter orifice will not draw down the
required volume in 2-5 days, whereas the 4" orifice will. Please remove the note
regarding the 1.5" drilled hole from the overflow structure detail.
5. It is extremely important to note that the rules require the pond to draw down to the
permanent pool level in 2-5 days. If a downstream outlet is not available, you will be
in violation of the permit. As previously requested, please show the entire flow path
the runoff from the pond will take all the way down to the nearest receiving waters,
excluding wetlands.
6. The runoff from the pond's outlet structure is being directed onto adjacent property.
There is no drainage easement shown on this property, and it appears that grading
work will need to be done on the adjacent property in order to provide a drainage
outlet. Please provide a copy of the recorded easement agreement with your
neighbor. The runoff from the pond should be contained in a ditch or swale within a
recorded drainage easement. The runoff should not just sheet flow across your
neighbor's property, unless they specifically agree to that.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
NorthCarolina
An Equal Opportunity/Affirmative Action Employer W 50% Recycled110% Post Consumer Paper Naturally

Mr. Smith
.tune 9, 2005
Stormwater Application No. SW8 050242
7. The permanent pool and temporary pool elevations reported on the
supplement do not match up with the calculations or the plans. Please
revise the plans, details, calculations and/or application as necessary to
make them match up.
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received in this Office prior to July 9,
2005, or the application will be returned as incomplete. The return of a project will
necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information, please mail, email or fax your
request for a time extension to the Division at the address and fax number at the bottom
of this letter. My email address is [e-mail]. 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 returned or new originals must be provided. Copies are not
acceptable. If you have any questions concerning this matter please feel free to call me
at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
ENBlarl:
S:IWQSISTORMWATERIADDINFO120051050242.jun05
cc:
Richard Collier, P.E., McKim and Creed
Linda Lewis
Page 2 of 2

vMCKJM&CREED
HAND DELIVERY
DATE:
LETTER OF TRANSMITTAL
TO: NCDENR
Division of Water Quality
127 Cardinal Drive Ext.
Wilmington NC 28405-3845
ATTENTION; Linda Lewis
April 4, 2405
PROJECT NO: 04016-0001 TASK NO:
RE:: -Sa Plaza
1
BY: Y
PROPOSAL NO: TRANSMIT PAGE 1 OF 1
WE ARE SENDING: X Originals X Prints ❑ Shop Drawings ❑ Samples
❑ Specifications ❑ Calculations ❑ Other - —
Quantity
WE ARE SENDING: X Originals X Prints ❑ Shop Drawings ❑ Samples
❑ Specifications ❑ Calculations ❑ Other - —
Quantity
Drawing No.
Rev.
Description
Status
1
Response letter dated 3/31/05 w/proposed Deed Restrictions (2)
C
2
C-3
Grading Drainage and Erosion Control Drawing
C
2
C-7
Stormwater Pond and Details Drawing
C
Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid
E. Construction F. For Review & Comments G. For Approval H. See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other
4. Amend & Resubmit 5. Rejected -See Remarks
REMARKS
243 N, FRONT ST, WILMINGTON, NC 28401 9101343-1048 FAX [phone]
cc: File wlenc McKIM & CREED, PA
Richard Collier -Trans w/Ltr
Margaret Gray -Trans w/Ltr - '
Bill Smith wlenc Signed
Jamie itzslmmons for
Jeff Roney
sA01610W1410 Comm5040405 NC6ENR Trans itr.doc

WA
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v�MCIQM&CREED
March 31, 2005
Linda Lewis
NCDENR Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
RE: Westpark Plaza
DWQ Stormwater Project Number: SW8 not assigned
Dear Ms. Lewis:
M&C 4016-0001
This letter is in response to your comments for the above referenced project as indicated in your
fax dated March 3, 2005. Your comments have been outlined below followed by our response.
1. The drainage entering the pond through the eastern -piped system will short-circuit the
main pond in its current configuration. Please relocate the outlet structure or pipe inlet
to provide all the runoff the full benefit of the pond's length to drop its sediment load.
a. The overflow location has been relocated to insure no short-circuit.
2. Please provide a copy of the proposed deed restrictions in legal format, limiting the
built -upon area of the lots, per the enclosed document.
a. Attached
3. Please delineate the drainage area to the pond.
a. The pond's drainage basin has been added to the plan.
4. Specify a 4" maximum opening on the trash rack.
a. A note indicating the 4" maximum opening has been added to the detail.
5. The section view of the overflow structure shows a 15" 0 RCP leaving the pond, but the
plan view shows an 18" 0 RCP. Please correct
a. The plans have been revised to reflect a 15" 0 RCP.
5;\4016\0001\10-Comm\=J N DKR DWO Response Lh.Doc
24 NORTH FRONT STREET, WILMINGTON, NORTH CAROLINA 28401
TEL [phone] FAX [phone] www.mckimcreed.com
AA0002667

Ms. Linda Lewis
March 31.2005
Page 2
6. The outlet piping for the pond is shown extending onto the adjacent Russ, Milligan &
Tuggle property without an easement. Please show an easement, and provide a copy of
the easement agreement from the adjoining property owner. Please also show the
existing drainage features at this outlet down to the receiving waters, to ensure that the
pond will draw down in 2-5 days as required.
a. A "General" easement document is being prepared by the attorney.
Sincerely,
ZM4M&aID),
Jeffrey A. Roney
Ibhc
Enclosures:
Proposed Deed Restrictions
Ponds Drainage Area Map
Mailing Notation: Delivered
cc: Richard M. Collier, PE
Margaret A. Gray
SA4015\0001 \ 10-Comm\033105 NCDENR D W Q Response L1r.doc .
v,M�IQM&CREED

:4
� MCIQM&CREED
DELIVERED
TO: NCDENR/Division of Water Quality
127 Cardinal Dr. Extension
Wilmington NC 28403
ATCEN'170N: Linda Lewis
WE ARE SENDING: ® Originals ® Prints
Specifications ® Calculations
LETTER OF TRANSMITTAL
DATE: February 24, 2005
PROJECT' NO: 4016-0007 7
TASK NO: 3B
RE: Westpark Plaza
Brunswick County
TRANSMITTAL NO:
PAGE 1 OF 1
❑ Shop Drawings ❑ Samples
❑ Other -
Quantity Drawing No. Rev. Description Status
2 Plans for Westpark Plaza / February 2005; G1, Cl—Cl C
2 Stormwater Design Narrative and Supporting Calculations G
(includes Permit Application)
1 $420 Stormwater fee (check 108977) C
Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid
E. Construction F. For Review & Comments G. For Approval H. See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make -Corrections Noted 3. Other
4. Amend & Resubmit 5. Rejected - See Remarks
REMARKS: Please advise should you need anything else. Thanks.
File trans only w/ CD's to flat file
Signed
RECEIVED
Margaret Gray
SA4016\0001,1D-Commk022405 DWQ Trans.doc G C ❑ 5 7 Rf15

West Park Plaza SW8 050242
Subject: West Park Plaza SW8 050242
From: Linda Lewis [e-mail]>
Date: Fri, 08 Apr 2005 11:57:35 -0400
To: Richard Collier <[e-mail]>
Richard:
I received the application for West Park Plaza on April 4, 2005. The deed
restriction statements were not presented in legal format and you did not send me a
copy of the entire document. I will be returning the unformatted copy of the
restrictions for Mr. Smith's signature and date.
Additionally, please show how the drainage which will outlet the pond is directed
across the adjacent property. What features (piping, ditches, existing ponds,
streams, wetlands, etc) exist on the adjacent property that will ensure that this
pond has a means to draw down?
Linda
L of 1 4/8/2005 11:57 AM

INFORMATION PERTAINING TO DEED RESTRICTIONS AND PROTECTIVE COVENANTS
FOR WESTPARK PLAZA, BRUNSWICK COUNTY, NORTH CAROLINA
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed
restriction and protective covenants are required for High Density Commercial Subdivisions where lots will
be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the
development maintains a "built -upon" area consistent with the design criteria used to size the stormwater
control facility. The following deed restrictions and covenants must be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number as issued by the Division of Water Quality under
NCAC 2A.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the Stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
4. The covenants pertaining to Stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Water Quality.
G
The maximum allowable built -upon area in square feet per lot is as follows:
Lot Lot Lot Lot Lot Lot Lot
# � BUA� BUA � BUA � BUA � BUA � 13UA # BUA
1 105,743 2 76,106 3 76,262 4 79,422 5 93,464 6 93,480 7 239,291
These allotted amounts include any built -upon area constructed within the tot property boundaries, and
that portion of the right-of-way between the front lot tine and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areE swimming pools.
7. All runoff fr
-
'his may be
Y
accomplishe
Atimately
discharges i;
drain into t]
/
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ilt-upon surfaces
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� 11 �� G�11 C�, � Sul CI��,i�,�-�i✓: �f
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4--

Re: West Park Plaza SW8 050242
Subject: Re: West Park Plaza SW8 050242
From: Linda Lewis <[e-mail]>
Date: Mon, 11 Apr 2005 09:55:36 -0400
To: Richard Collier <RCollier a mckimcreed.com>
Richard:
My concern is that I don't want to permit a discharge from a wet pond onto someone
else's property without knowing that an outfal.l exists and at what elevation.
Otherwise, the adjacent property owner gets stuck with a drainage problem they
didn't create. The draw down of this pond depends on the accessibility and proper
elevation of a drainage outlet that is located on someone else's property.
Can you put more information onto the plan regarding the drainage outfall such as
elevations, the extent of the wetland area and the ultimate drainage outlet for the
wetland? It doesn't do much good to discharge onto an adjacent property if there is
nowhere for the runoff to go. Is the adjacent property owner aware of this proposed
design? A spreader swale is not required for me, however, the adjacent property
owner may request one to prevent scouring onto his property and silting in the
wetland.
Linda
Richard Collier wrote:
Linda:
We will correct the Deed Information and have it executed as requested.
The discharge has been set to draw -down within 2-5 days. It discharges
into a large wetland to the rear of this property. Do you want a
spreader swale on the outlet end? No existing ditch or swale is within
this area, just natural grade flowing away from the pond.
Richard M. Collier, PE
McKim & Creed
I&E Wilmington, NC
[phone]
-----Original Message -----
From: Linda Lewis (mailto:linda
ll:58 AM
To: Richard Collier
[e-mail]] Sent: Friday, April 08, 2005
Subject: West Park Plaza SW8 050242
Richard:
I received the application for West Park Plaza on April 4, 2005. The deed
restriction statements were not presented in legal format and you did not send
me a copy of the entire document. I will be returning the unformatted copy of
the restrictions"for Mr. Smith's signature and date.
Additionally, please show how the drainage which will outlet the pond is
directed across the adjacent property. What features (piping, ditches, existing
ponds, streams, wetlands, etc) exist on the adjacent property that will ensure
that this pond has a means to draw down?
Linda
1 of 1 6/10/2005 8:45 AM

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
March 29, 2005
Mr. William Smith, President
Westpark Plaza, Inc.
PO Box 749
Supply, NC 28462
Subject: Request for Stormwater Management Permit Application
Westpark Plaza, Inc.
Stormwater Project No. SW8 050242
Brunswick County
Dear Mr. Smith:
On February 28, 2005, the Wilmington Regional Office received a copy of a Notice of Receipt
of Erosion & Sedimentation Control Plan for the subject project. 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 April 29, 2005. 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
ENB/arl: S:IWQSISTORMWATISTORMSUB1050242.mar05
cc: Delany Aycock, Brunswick County Building Inspections
Richard Collier, P.E., McKim & Creed
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone]
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet www.enr.state.ric.us
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally

�0F WArF9O Michael F. Easley, Governor
• �O G William G. Ross, Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
0 'C Alan W. Klimek, P.E. Director
Division of Water Quality
FAX COVER SHEET
Date: March 3, 2005 No. of Pages: 2
To: Richard Collier, P.E. From: Linda Lewis
Company: McKim & Creed Water Quality Section - Stormwater
FAX M. 251-8282 FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: SW8 not assigned .
Project Name: Westpark Plaza
MESSAGE:
Richard:
The Division received the stormwater permit application for the subject project on February 25;
2005. The application is incomplete and cannot be accepted for review until the following items
are addressed:
1. The drainage entering the pond through the eastern piped system will short-circuit
the main pond in its current configuration. Please relocate the outlet structure or pipe
inlet to provide all the runoff the full benefit of the pond's length to drop its sediment
load.
2. Please provide a copy of the proposed deed restrictions in legal format, limiting the
built -upon area on the lots, per the enclosed document.
3. Please delineate the drainage area to the pond.
4. Specify a 4" max. opening on the trash rack.
5. The section view of the overflow structure shows a 15" O RCP leaving the pond, but
the plan view shows an 18" 0 RCP. Please correct.
6. The outlet piping for the pond is shown extending onto the adjacent Russ, Milligan &
Tuggle property without an easement. Please show an easement, and provide a
copy of the easement agreement from the adjoining property owner. Please also
show the existing drainage features at this outlet down to the receiving waters, to
ensure that the pond will draw down in 2-5 days as required.
ENBlarl: S:IWQS\STORMWA-RADDINFO\2005\westpark.marO5
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer 5ervicel-877-623.6748
Wilmington Regional Office Wilmington, NC 2M5-3845 FAX [phone] Internet: h2o.enr,state.nc.us One
NorthCarolina
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Naturally

INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management
Regulations, deed restrictions and protective covenants are required for High Density
Commercial Subdivisions where lots will be subdivided and sold. Deed restrictions and
protective covenants are necessary to ensure that the development maintains a "built -upon"
area consistent with the design criteria used to size the stormwater control facility. The
following deed restrictions and covenants must be recorded prior to the sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number , as issued by the Division
of Water Quality under NCAC 2H.1000.
2. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without
the concurrence of the Division of Water Quality.
6. The maximum allowable built -upon area per lot is square feet. This
allotted amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge
of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
Note: if the BUA per lot varies, please substitute the following paragraph for the
one above and provide a complete listing of the proposed BUA for each lot:
The maximum allowable built -upon area per lot is as follows. -
Lot # BUA Lot # BUA Lot # BUA
These allotted amounts include any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge
of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
7. All runoff from the built -upon areas on the lot must drain into the permitted system. This
may be accomplished through a variety of means including: a piped collection system,
which ultimately discharges into the stormwater facility; appropriate grading of the lot
such that the built -upon surfaces drain into the stormwater facility; or graded swales
which collect runoff and direct it into the stormwater facility.
8. Each lot whose ownership is not retained by the permittee, is required to submit a
separate stormwater permit application to the Division of Water Quality and receive a
permit prior to construction.

4 P. 1
COMMUNICATION RESULT REPORT ( MAR. 3.2005 12:31PM )
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
------------------------------------------- ------------
-----------------------------
332 MEMORY TX 92518282 OK P. 2/2
I
---------------------------•----------
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
Michael F. Easley, Govemor
William G. Ross, Jr,, Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
FAX COVER SHEET
Date: March 3, 2005 No, of Pages: 2
To: Richard Collier, P.E. From: Linda Lewis
Company: McKim & Creed Water Quality Section - Stormwater
FAX #: [phone] FAX # [phone]
Phone # [phone]
DWQ Stormwater Project Number: 6W8 not assigned .
Project Name: Westpark Plaza
MESSAGE:
Richard:
The Division received the Stormwater permit application for the subject project on February 25,
2005, The application is incomplete and cannot be accepted for review until the following items
are addressed:
1. The drainage entering the pond through the eastern piped system will short-circuit
the main pond in its current configuration. Please relocate the outlet structure or pipe .

FEB 2 b 2005
�- LBY.
NC®ENR
--- North Carolina Department -of -Environment and Natural Resources --- ---
Division of Land Resources
,tames D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
February 25, 2005
LETTER OF RECEIPT OF EROSION CONTROL PLAN
Westpark Plaza, Inc.
Mr, William Smith, President
PO Box 749
Supply, NC 28462
RE: Project Name: Westpark Plaza, Inc.
Project ID: Bruns-2005-250
County: Brunswick
River Basin: Lumber
Submitted By: McKim & Creed
Date Received by LOS- February 25, 2005
Plan Type: NEW
Dear Mr. Smith:
5 SS
10)
This office has received a soil erosion and sediment control plan for the project listed above which
was submitted as required by the North Carolina Sedimentation Pollution Control Act (G.S. 113A-57 (4)).
The Act requires that all persons disturbing an area of one or more acres of land must obtain approval
of a soil erosion control plan prior to the commencement of the land -disturbing activity (G.S. 113A-54(d) (4)),
The Act further states that this plan must be filed a minimum of 30 days prior to the activity and the approving
authority must approve or disapprove the submitted plan within 30 days of receipt. Failure of the approving
authority to approve or disapprove the submitted plan within the 30-day period will be deemed approval of the
plan.
Commencement or continuation of a land -disturbing activity under the jurisdiction of this Act prior to
the approval of an erosion and sediment control plan is a violation of the Act.
The approval of an erosion and sediment control plan is conditioned on the applicant's compliance
with Federal and State water quality laws, regulations and rules.
If you have questions please do not hesitate to contact this office. Your cooperation in this matter is
appreciated and we look forward to working with you on this project.
Sincerely,
Todd C. Walton
Land Quality Section
cc: Richard Collier, PE, McKim & Creed
LOS-WiRO; SWS-WiRO
Wilmington Regional Office
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: [phone] FAX: [phone]