Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
SW8050303_HISTORICAL FILE_20060517
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW� DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 5'1_ YYYYM M DD 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 May 17, 2006 Mr. D. Scott Lindstrom, VP IHDG New Hanover-01, LI_C dba Iron -Horse Development Group, LLC 419 E. Crossville Road, Suite 207 Roswell, GA 30075 Subject: Mailing Address Changes Zaxby's Restaurant Stormwater Project No. SW8 050303 New Hanover County Dear Mr. Lindstrom: On April 27, 2006, the Division sent you a copy of the approved plan revision for the subject project to the address provided on the permit application. The envelope was returned to the Division on May 10, 2006, marked "Return to Sender -No Longer at This Address". Please be advised that, per Section 111.9 of the Stormwater Management permit issued to you on March 24, 2005, for the construction of the subject project with a wet detention pond for treatment of the runoff, you are required to notify the Division of any name, ownership or mailing address changes within 30 days. Your consultants were kind enough to give me your current contact information, which I used to update our database. Please save the attached form to document all future name, ownership or mailing address changes so that -the Division will remain updated as to your current contact information. We need to be able to contact you regarding compliance issues, and for renewing the permit in 2015. Thank you for your prompt attention to this matter. If you have any questions, please do not hesitate to call me at (910) 796-7215 or email me at linda.lewis(q)ncmail.net. Sincerely, Linda Lewis Environmental Engineer 11 ENBlarl: S:1WQSlSTORMWATERILETTERS120061050303.may06 cc: Phil Norris, P.E., Norris Kuske & Tunstall Linda Lewis. North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 78405 Wilmington Regional Office Internet: wa%s.ncw,atgMuality.org Phone (910) 796-7215 Fax (910)350-2004 �fo ` a"ally aa!!y Customer Service 1-877-623-6748 A. C... 1 n......w... dA 09.....r...., A.d:..- e.- 1..,. cnei n.......a )4nw n..-6 n rw - .a=5. 4 April 27, 2006 Mr. D. Scott Lindstrom, Vice President IHDG New Hanover-01, LLC dba Iron Horse Development Group, LLC 10 Glenlake Parkway, Suite 130 Atlanta, GA 30328 Subject: Approved Plan Revision Zaxby's Restaurant - Gordon Road Stormwater Project No. SW8 050303 New Hanover County Dear Mr. Lindstrom: Michael F. Easley, Governor William G. Ress Jr., Secretary North Carolina Department of Environment and Natural Resources Aian W. Klimck, P.E. Director Division of Water Quality On February 16, 2006, the Wilmington Regional Office received a plan revision for Stormwater Management Permit Number SW8 050303. The revisions include the increase of on -site impervious areas from 33,400 sq. ft. to 34,052 sq. ft,, for the construction of a connecting driveway to the adjacent property. This leaves 560 sq. ft. leftover for future development. It has been determined that a formal permit modification is not required for the proposed changes. We are forwarding you an approved copy of the revised plan sheets C-1 and C-2 for your files. Please replace the old approved plan sheets with the new ones, enclosed. Please be aware that all terms and conditions of the permit issued on March 24, 2005, remain in full force and effect. Please also understand that the approval of this revision to the approved plans for the subject State Stormwater Permit is done on a case -by -case basis. Any other changes to this project must be approved through'this Office prior to construction. The issuance of this plan revision does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions concerning this matter, please do not hesitate to call me at (910) 796-7404. Sincerely, i Linda Lewis Environmental Engineer II ENBlarl: S:1WQSlSTORMWATERIREVISION1050303.apr06 cc: Phil Norris, P.E.; Norris Kuske & Tunstall Tony Roberts, New Hanover County Building Inspections Linda Lewis Wilmington Regional Office Central Files NorthCarolina Al North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office interneu www.ncwaterguality.org Fax (910) 350-2004 1-977-023-6748 An Equal Opportunity/Affirmative Action Empieyer — 50% Recycled110% Post Consumer Paper 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 May 17, 2006 Mr. D. Scott Lindstrom, VP IHDG New Hanover-01, LLC dba Iron -Horse Development Group, LLC 419 E. Crossville Road, Suite 207 Roswell, GA 30075 Subject: Mailing Address Changes Zaxby's Restaurant Stormwater Project No. SW$ 050303 New Hanover County Dear Mr. Lindstrom: On April 27, 2006, the Division sent you a copy of the approved plan revision for the subject project to the address provided on the permit application. The envelope was returned to the Division on May 10, 2006, marked "Return to Sender -No Longer at This Address". Please be advised that, per Section 111.9 of the Stormwater Management permit issued to you on March 24, 2005, for the construction of the subject project with a wet detention pond for treatment of the runoff, you are required to notify the Division of any name, ownership or mailing address changes within 30 days. Your consultants were kind enough to give me your current contact information, which I used to update our database. Please save the attached form to document all future name, ownership or mailing address changes so that.the Division will remain updated as to your current contact information. We need to be able to contact you regarding compliance issues, and for renewing the permit in 2015. Thank you for your prompt attention to this matter. If you have any questions, please do not hesitate to call me at (910) 796-7215 or email me at Iinda.lewis@nc_mail.net. Sincerely, Linda Lewis Environmental Engineer II ENBlarl: S:1WQSlSTORMWATERILETTERS120061050303.may06 cc: Phil Norris, P.E., Norris Kuske '& Tunstall Linda Lewis Nnc omhCarolina ,11 aturn!!y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwaterqualitv.org Fax (910)350.2004 1-877-623-6748 An Equal OpportunitylAffirmaiive Action Employer — 50°% Recycledll0°% Post Consumer Paper Re: Zaxby's Restaurant SW8 050303 Subject: Re: Zaxby's Restaurant SW8 050303 From: "Amy Norris / Norris, Kuske & Tunstall Engineers" <anorris@nkteng.com> Date: Wed, 17 May 2006 13:49:05 -0400 To: Linda Lewis <linda.lewis@ncmail.net> Linda, This is the address we have in our rolodex for Scott Lindstrom and I just called to verify it. Here it is: Mr. Scott Lindstrom, VP Iron -Horse Development Group, LLC 419 E. Crossville Rd., Suite 207 Roswell, GA 30075 (770) 552-2044 (Phone) Thanks, Amy for Phi I At 05:38 PM 5/15/2006, you wrote: Phil: The approved plan revision (April 27, 2006) for this project was mailed to Scott Lindstrom at the address on the previous permit, however, it was returned noting that he was no longer at that address. Please provide me with the current mailing address and phone number for Mr. Lindstrom. Thank you. Linda Amy S. Norris Norris, Kuske & Tunstall Consulting Engineers, Inc._ 902 Market Street Wilmington, NC 28401 910.343.9653 910.343.9604 (Fax) l of 1 5/17/2006 3:07 PM Zaxby's Restaurant SW8 050303 Subject: Zaxby's Restaurant SW8 050303 From: Linda Lewis <linda.lewis@ncmail.net> Date: Mon, 15 May 2006 17:38:40 -0400 To: Phil Norris <pnorris@nkteng.com> CC: Amy Norris <anorris@nkteng.com> Phil: The approved plan revision (April 27, 2006) for this project was mailed to Scott Lindstrom at the address on the previous permit, however, it was returned noting that he was no longer at that address. Please provide me with the current mailing address and phone number for Mr. Lindstrom. Thank you. Linda 1 of 1 5/15/2006 5:38 PM 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 April 27, 2006 Mr. D. Scott Lindstrom, Vice President IHDG New Hanover-01, LLC dba Iron Horse Development Group, LLC 10 Glenlake Parkway, Suite 130 Atlanta, GA 30328 Subject: Approved Plan Revision Zaxby's Restaurant - Gordon Road Stormwater Project No. SW8 050303 New Hanover County Dear Mr. Lindstrom: On February 16, 2006, the Wilmington Regional Office received a plan revision for Stormwater Management Permit Number SW8 050303. The revisions include the increase of on -site impervious areas from 33,400 sq. ft. to 34,052 sq. ft., for the construction of a connecting driveway to the adjacent property. This leaves 560 sq. ft. leftover for future development. It has been determined that a formal permit modification is not required for the proposed changes. We are forwarding you an approved copy of the revised plan sheets C-1 and C-2 for your files. Please replace the old approved plan sheets with the new ones, enclosed. Please be aware that all terms and conditions of the permit issued on March 24, 2005, remain in full force and effect. Please also understand that the approval of this revision to the approved plans for the subject State Stormwater Permit is done on a case -by -case basis. Any other changes to this project must be approved through this Office prior to construction. The issuance of this plan revision does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction. If you have any questions concerning this matter, please do not hesitate to call me at (910) 796-7404. Sincerely, Linda Lewis Environmental Engineer 11 ENBlarl: S:IWQSISTORMWATERIREVISION1050303.apr06 cc: Phil Norris, P.E.; Norris Kuske & Tunstall Tony Roberts, New Hanover County Building Inspections Linda Lewis Wilmington Regional Office Central Files Nors`hCarolina J dmi,a!!y North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone (9l0) 796-7215 Customer Service Wilmington Regional Office Internet: www.ncwalerquitity.org Fax (910) 350-2004 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper NORRIS, KUSKE & TUNSTALL John S. Tunstall, P.E. J. Phillip Norris, P.E. CONSULTING ENGINEERS INC. Kent P. Harrell, P.E. John A. Kuske, lll, P.E. James T. Pyrtle, P.E. J.A. Kuske, P.E. 902 Market Street • Wilmington, NC 28401-4733 • Phone (910) 343-9653 • Fax (910) 343-9604 2 E-Mail: offioe@nkteng.com . k LETTER OF TRANSMITTAL ii To: Linda Lewis 11 Date. February 13, 2006 11 Job No. 05025 it 11 NC DENR 11 subject: Zaxby's Restaurant @ Gordon Road 11 Wilmington, NC II II State Stormwater Permit SW8 050303 II WE ARE SENDING YOU VIA HAND DELIVER FAX TRANSMITTAL: NUMBER OF PAGES ❑ ATTACHED ❑ UNDER SEPARATE COVER INCLUDING THIS TRANSMITTAL ❑ SHOP DRAWINGS ® PRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY of LETTER Call 910-343-9653 if you have any difficulty 11 ❑ receiving this message. COPIES DATE NO. DESCRIPTION 2 02-09-06 R3 C1 - Layout Plan 11 2 1 02-09-06 1 R2 f C2 - Grading and Erosion Control Plan II FEB ❑ AS REQUESTED ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL lD FOR YOUR USE ❑ FORBIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS: Please note the changes to the plans. The amount of impervious surface does not exceed the permit amount. Please let us know if you need anything else. Thank you. cc: Scott Lindstrom 1 Iron -Horse Development Group SIGNED J. Phillip Norris, P.E.1 asn (Transmittal Only) CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and return to the address above. L� NORRIS, KUSKE & TUNSTALL John S. Tunstall, P.E_ J. Phillip Norris, P.E. CONSULTING ENGINEERS ent P. Harrell, P.E. Jahn A. Kuske, lll, P.E. , INC.. James T. Pyrtle, P.E. J.A. Kuske, P.E, I x r,.. 902 Market Street •Wilmington, NC 28401-4733 • Phone (910) 343-9653 • Fax (910)34: -9604EIV. _;- E-Mail: office@nkteng.com MAR 2 4 2OU6 LETTER OF TRANSMITTAL To: Linda Lewis Date: March 24, 2006 Job No. 05025 NC DENR - Wilmington subject: Zaxby's Restaurant @ Gordon Road Wilmington, NC WE ARE SENDING YOU VIA HAND DELIVER Z ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY Or; LETTER ❑ FAX TRANSMITTAL: NUMBER OF PAGES INCLUDING THIS TRANSMITTAL Call 910-343-9653 if you have any difficulty receiving this message. COPIES DATE NO. DESCRIPTION 1 03-24-06 Original State Stormwater Engineer's Certification (SW8 050303) ❑ AS REQUESTED ❑ FOR YOUR USE ❑ FOR REVIEW AND COMMENT ® FOR APPROVAL ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS: CC: SIGNED J. Phillip Norris, P.E. 1 asn CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and return to the address above. tl .. MAR 2 8 2005 ;"�,�. ;1 ':; .,. Pi _�t: r :S li ji?i :.i.';lf s. il�' ., . .:} ... .. i!i . ;l/•i. .., }�, •..`; rt ••i. � :i f4 � is �', �'J �� .J. f.�r.. March 23, 2005 Linda Lewis North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, NC 28405-3845 Re: DWQ Stormwater Project Number: SW8 050303 Project Name: Zaxby's Restaurant Dear Ms. Lewis: 1 am a Manager of Iron -Horse Development Group, LLC, the Manager of IHDG New Hanover-01, LLC, a manager managed Georgia limited liability company. 1 am also the Vice President -Legal and Secretary for both entities. The operating agreement for IH DG New Hanover- 01, LLC (the equivalent of the by-laws for a corporation) authorizes the appointment of officers to serve as agents and legal representatives of the limited liability company in the same way officers serve as agents and representatives of corporations. Mr. D. Scott Lindstrom is Vice President of IHDG New Hanover-01, LLC, and in that capacity has the authority to sign on behalf of the company. This letter shall also serve as authorization for Mr. Lindstrom to sign the application forthe project referenced above. If you need anything further in connection with this application or Mr. Lindstrom's authority to represent the company, please let me know at your earliest convenience. You can call me on my cell phone at (770) 33-1613 or my direct dial number (770) 776-5210. Ve Wil Steve cc: Scott Lindstrom Phil Norris 10 Glenlake Parkway, Suite 130 ♦ Atlanta, Georgia 30328 0 Phone: 678.222.3484 ♦ Fax: 678.222.3401 State Stormwater Management Systems Permit No. SW8 050303 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 D. Scott Lindstrom, IHDG New Hanover-01, LLC & Iron Horse Development Group, LLC Zaxby's Restaurant @Gordon Road New Hanover 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 "storm water 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 March 24, 2015, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 34,612 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. The built -upon area for the future development is limited to 1,212 square feet. 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. Page 2 of 7 State Stormwater Management Systems Permit No. SW8 050303 FP The following design criteria have been provided in the wet detention pond and must be maintained at design condition: a. Drainage Area, acres: Onsite, ft : Offsite, ft2: b. Total Impervious Surfaces, ft2: C. Design Storm, inches: d. Pond Depth, feet: e. TSS removal efficiency: f. Permanent Pool Elevation, FMSL: g. Permanent Pool Surface Area, ft2: h. Permitted Storage Volume, ft3: i. Temporary Storage Elevation, FMSL j. Controlling Orifice: k. Permitted Forebay Volume, ft3: I. Receiving Stream/River Basin: M. Stream Index Number: n. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 1.32 57,688 0 34,612 3.5 90% 43.75 6,258 3,453 44.25 1 "O pipe 3,126 UT Smith Creek 1 Cape Fear CPF17 18-74-63 "C Sw" 1. 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. Page 3of7 State Stormwater Management Systems Permit No. SW8 050303 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 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 a fountain in this pond is 116th horsepower. 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. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 10. 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, lease 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. 11. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 12. 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. Page 4 of 7 State Stormwater Management Systems Permit No. SW8 050303 13. 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. III. GENERAL CONDITIONS 1. 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. 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) having 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. 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. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 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 24th day of March 2005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION &- le"k Alan VV. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 7 03/23/05 WED 17:32 FAX 7709019203 # I IRON-HORSE DEVELOPMENT GROUP, LLC 10 Glenlake Parkway, Suite 130 .Atlanta, GA 30328 w (678) 222-3484 fax (678) 222-3401 r fax to: Linda Lewis - NCDjENR ' Amy Norris - Norris, Kuske & Tunstall from: Steven'A. Curlee date: March 23, 2005 subject: Zaxby's Restaurant Project Application pages: 2, including this cover page NOTES: The original of this letter is being mailed to Linda Lewis. CONFIDENTIALITY NOTICE: THE MATERL\L,S IN THiS FRCSIZi IILE TR INSMISSION ARE PRIV21TE AND CONFIDENTIAL AND ARE THE PROPERTY OF THE SEI`TDER. THE INFORMATION CON'LlINED IN THE• 'W=I AL IS PRI�'ILEGFD AND IS INTFNDFD ONLY FOR THE USE OF THE INDIDIDUA1(S) NA'L%fFD ABOVF_ IF YOU ARE NOT TI TF. IN T'I=.fvORD 11KCIPIENT, BE ADVMED THAT ANY t;N A IJTI 1011 IZRD DISC LOSURIt, COt'YTNG, DTSTRTRUTTON OR T I I'F' TAKTNG OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS I`L-= RTAL IS STRICTLY PROHIBITED. IF YOU KAVE RECEnTD THIS FACSIMILE TRANSIaSMON IN ERROR, PLEASE ITvCvfEDLkTELY NOTIFY US BY TELFTI-TONR TO ARRLINGTF. FOR RETURN OF TIFF. FORWARDED DOCUMENTS TO U.S. Z001 V 17:33 FAX 7709019203 March 23, 2005 Linda Lewis North Carolina Department of Envirownent and Natural .ResottrCeS 127 Cardinal Drive Wilmington, NC 28405-3845 = Re: DWQ Stormv?.ter Project Number: SW8 050303 Project Name: Zaaby's Restaurant Dear Ms. Lewis: I am a Manager of Iron -Horse Development Group, LLC, the Manager of IHDG New Hanover-01, LLC, a manager managed Georgia limited liability company. 1 am also the Vice President -Legal and Secretary for both. entities. The operating agreement for IHDG New Hanover- 01, LLC (the equivalent of the by-laws for a corporation) autliorizes the appointment of officers to serve as agents and legal representatives of the limited liability company in the same way officers settia as agents and representatives of corporations. Mr. D. Scott Lindstrom is Vice President of 1HDG New Hanover-01, LLC, acid n that capacity has the authority to sign on behalf of the company. This letter shall also sewe as authori7,ation for Mr. Lindstrom to sign the application for the project referenced above. If yott need anything farther in connection with this application or Mr. Lindstrom's authority to represent the company, please let m'e know at your earliest convenience. You can call me on my cell phone at (770) 33--1613 or my direct dial number (770) 776-5210_ Vcy y ur , Steven A. Curl e cc: Scott Lindstrom Phil Norris Z 002 10 Glenfake Parkway, 5uitc 130 0 AtianLa, (Icorgia 30328 0 Phone: 678.222.3484 0 Fax: 678.2223401 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 FAX COVER SHEET Date: March 11, 2005 No. of Pages: 1 To: Phil Norris, P.E. From: Linda Lewis Company: Norris, Kuske & Tunstall Water Quality Section FAX #: 343-6,904 FAX # 910-350-2004 9(a Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 050303 Project Name: Zaxby's Restaurant MESSAGE: Phil - Stormwater 1. The corporate name on the application needs to be changed to 1HDG New Hanover-01, LLC. With your permission I can do this on the original. 2. Mr. Lindstrom is not designated as a manager of the LLC, therefore, his signature on the application can only be accepted if either William Walker or Stephen Curlee provide me with a signed letter authorizing Mr. Lindstrom to sign the application on either of their behalf. You may also elect to have Mr. Walker or Mr. Curlee sign the application and supplement form, and send in those original signatures. ENBlarl: S:IWQSISTORMWATIADDINF0120051050303.mar05 Cc: Iran In� De v4m eAf Grp, LLC North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Servicel-877-623-6748 Wilmington Regional Office Wilmington, NC 28405.3845 FAX (919) 733-2496 Intemet. h2o.enr,state, nc.us An Equal OpponunitylAffirmative Action Employer— 50% Recycled1l0% Post Consumer Paper NorthCarolina Natoally P. 1 FILE MODE 551-MEMOR`t' TX 7 * COMMUNICATION RESULT REPORT ( MAR.11.2005 OPTION - REASOH FOR ERROR E-1) HANG UP OR LINE FAIL E-3) 110 ANSWER °t w A ADDRESS (GROUP) --------------- 93439604 6:31PM ) * TTI RESULT ----------- OK * * NCDENR WIRO PAGE -------- -- P. 1 E-2) BUSY E-4) NO FACSIMILE CONNECTION Michael F. Easley, Governor William G. Ross, Jr„ Secretary North Carolina Department of Environment and Natural Resources a Alan W. Klimek, P,E. Director Division of Water Quality Fax COVER SKEET Date: March 11, 2005 No. of Pages: 1 To: Phil Norris, P.E. From: Linda Lewis Company: Norris, Kuske & Tuns#all Water Quality Section - Stormwater FAX #: 343-004 FAX # 910-350.2004 %0 Phone # 910-395-3900 DWQ Stormwater Project Number. 6)W8 050303 Project Name: Zaxby's Restaurant MESSAGE: Phil: 1. The corporate name on the application needs to be changed to IHDG New Hanover-01, LLC. With your permission I can do this on the original. 2. Mr. Lindstrom is not designated`as a manager of the LLC, therefore, his signature on the application can only be accepted if either William Walker or Stephen Curlee provide me with a signed letter authorizing Mr. Lindstrom to sign the application on either of their behalf. You may also elect.to have Mr. Walker or Mr, Curlee sign the application and supplement form, and sendAn those nrininW cinnottirwc w P. 1 FILE MODE -- 552 MEMORY TX * * * COMMUNICATION RESULT REPORT ( MAR.11.2885 OPTION -------------------------------- REASON FOR ERROR ------, E-1) HANG UP OR LINE FAIL E-3) NO ANSWER wArr-co- ,�� ADDRESS (GROUP) -- -- 916782223401 6:39PM ) TTI RESULT - OK NCDENR WIRO PAGE -------------- P. 1/1 E-2)'BUSY E-4} NO FACSIMILE CONNECTION Michael F. Easley, Governor William G. Ross, Jr„ Secretary North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality FAX COVER SHEET Date: March 11, 2005 :! No. of Pages: 1 To: Phil Norris, P.E. - From: Linda Lewis Company: Norris, Kuske & Tunstall Water Quality Section - Stormwater FAX #: 343-1iy904 FAX # 910-350,-2004 a(o Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 050303 Project Name: zaxby's Restaurant MESSAGE: Phil, 1. The corporate name on the application needs to be changed to IHDG New Hanover-01, LLC. With your permission I can do this on the original. 2. Mr. Lindstrom is not designatedas a manager of the LLC, therefore, his Signature on the application can only be accepted if either William Walker or Stephen Curlee provide me with a signed letter authorizing Mr. Lindstrom to sign the application on either of their behalf. You may also elect to have Mr. Walker or Mr. Curlee sign the application —4 - 1-micrr-I fnrm and cAnri in thncP nrininal sionatures. 03/08/05 TUE 18:29 FAX 7709019203 2001 IRON -HORSE DEVELOPMENT GROUP, LLC 10 Gienlake Parkway, Suite 130 Atlanta, GA 30328 (678) 222-3484 fax (678) 222-3401 fax to: Linda Lewis from: Steven A. Curlee date: March' 8, 2005 subject: SW8050303 Zaxby's Restaurant, Gordon Road, Wilmington, NC pages: 4, including this cover page NOTES: Here is a copy of the filing made with the NC Secretary of State to qualify IHDG New Hanover-01, LLC to do business in North Carolina: i CONFIDENTIALITY NOTICE: THE MATERLg.LS IN THIS FACSIIV F !'RANSM1$SION ARE PRIVATE ,iND CUNFIIDENTIAL AND ARL• THE PROPERTY OF THE SEENDER- '171 1Nr'OIZMxT10Iv CONTAINED IN THE 2vL%TFRIAT. IS PRfVI1J7-,GT D AND IS INTENDED ONLY FOR THE USE OF TIII, INDIVIDUAI.(S) NANfED ABOV F. IF YOU ARE, NOT THE INTENDED RECIPIENT, BE. A-DVISED TI4AT ANY UN1vU1 HORIXF.1) DISC] -05URE, COPYII TG, DIS=UI"ION OR THE TAKING OF ANY ACTION IN RELL-u- 1C1: ON T1 ft: CONTE-NTS OF THIS M2VfERLII. IS MICTI.Y PIZ01-11 F3TT .n. Tr• YOU HAVE RE-CEIVI:-"D T1TTS FACSTMILL TRANSMISSION IN EhRC?I:, PLF.ASH TMNIKI)TATELY NOTIFY US BY 'I'R.I.FPf IONI: TO ARRANGE- FOR RETUF:N 09 THE FOIOVARDED DOC:UM%NTS TO US. 03/08/05 TUE 18:30 FAX 7709019203 16002 SWIM of North Ca OMM Depsrhueat of the SecrtbxY of Stale AFPL WATMN I M CSATMCATE OF AUTBDRUT FOR LOCH L14RILI`iV COMPANY SOSID: 770733 Date Filed: 3/8/2005 10:52.00 AM EWnc F. Marshall North Carolina Secretary of State C200506700012 PvraauRt to js7G7-04 of Vie G=cW Sto"i of ti b Carolina, tho uadzeslg=d ]imiW Ilability vampany t1aeby applies for a Cer6fiwtc of Authority to tt'esaast busiAM ilk the Sttde ofWartb Corelma. and tbrffiat purpesa submiLs fo fallowing: I- rho name of the UmiW4 Ilablliti com aw is I= New Revsovar—olw LLc — aod if iba limitad liability company nmerc is tttGtlrAMla form is 1tLR 3= afNaM 13amtim. dw name the URIArd liability Cempsry wishes to use is z, Tht: orate or country under wfim laws am licdtt d litybllity campaW was tbmms4' is. Georgia 3. The Use of fortonslan arcs necsaeber 3, 2Do4 ; its period of dmrapiaa is: FeXTGyoal 4. Fri lcipW office infinu adtut: (A61=1 slrhrr a or b-) 0- © The i>miud HabaW CQt pzw bU &'wUwtpd affim i The street ad&= and eaumy of ft prhtctpa afte of ft limited tiebft canp W is: Mutber gmd Sirmt 10 alealake °r%_rktray, Site 130 City, States, Zap Cadv_ At:lsZzt 3, aa► '.tflazo County >�yYeafl The and tlg add=g. 99090, of the pmtdpmt ed$ce of The em"ln an is: b. [] The limited BaW ity company does Flpt have a ptiacipal OdEm S, Thu strut address and county ofthe reQistrred office is the State of Nartb Carolina Ir. Numbar and strcot 327 Mllsaozvngh screat City, 3tntr_; Zip Coax Raleigh, LTC 2760:a �� Nake 6- Tho ma;ling address. if dffirsre wfio a the s&vw sddrasp, of tt:a ro$15=rd 9090 is thr Stale afW=h Caul,611 na is: 7. Tba onma of the taglsLezrd uYt:tt in the 9tstite cftylarth Carolina Is' Cargnraefon sexviae COMq =y S. The namm title% =d Usk busiat o addtassm of tbu asirrant wanagsrs oft a Wailed llabilipr cam" arc_ (IrtC arrach) ne ff+teelrrary) �Q� Bu�iisA.r�dd'rra William D. Reakar .1n 41mnlalm Pm7G'ies+ay, 8u.irm 130, Atlanta, OA 3031e StBV'en A. Carl.ee 14 ClenIaLks Varkway, Suico 130, Aitlanva, a% 3oa2a (lrevfsad Januery �Qt?l) (Forfi ,r,A9j 03/08/05 TUE 18:30 FAX 7709019203 x f w CO"ORaVONS DIVISION ; P.0.130X 27Cu GiL NC 6''.a-Cti�2 AWANO FPN PDX CSI MYCAIP OF.4VMOSM FWT 9_ Tee is a c l jflcata Or cev=oc (ar dbwmtW of t+ MOU W4mr% dubr aot mke d by *0 =w:tay asuft or other nodal Rains tnsfody of Umited ImbUi y company roNrU in tfte XCW or couc&y affaa bWoa 10. a fieddoW u=d In order to tt> mct baSmom in tins Sb1c, a copy of the rasolatJon of its mauncts adeptlAg tho 5atiflow wane Jot vmchtd. 11. -thin appticadon Wul be eitea k" ttpou&tir, r, ttow, a da *ld daft asWoe time is sgedliad; This thn 7c1adtky of March - - ,20 05 I 71M Diem 8eoavar-ill, LLC Nrr Lrabt!!ty Cariptlrty . �11fQa�sr Vi11i$m, D. . Wailcar Ijpa cr?PW Name �Rrvtrcd Janmry �002} (rcwm "g) Z 003 03/08/05 TUE 18:30 FAX 7709019203 fa 004 Secretary of State Corporations Division 315 West Tower #2 Martin Luther King, Jr, Dr. Atlanta, Georgia 30334-1530 CORPORATION SERVICE COMPANY LYNETTE COLEMAN 1201 HAYS STREET TALLAA,ASSEE, FL 32301 CONTROL NUMBER : 0472041. DATL� INC/AIIT'r?/FILED - 12f 03/2004 ,TURIZDICTION GEORGIA PRINT DATE 03/07/2005 FORM NUMBER 211 CERTIFICATE OF EXISTENCE 1, Cathy Cox, the Secretary of State of.the State of Georgia, do hereby certify under the seal of my office that as of the above print date IRD0, NEW HANOVER-Ol, LLC A GEORGIA,LIMITED LIABILITY COMPANY is in compliance with the applicable filing and annual registration provisions of Title 14 of the Official Code. of Georgia Annotated. Said entity was formed in the ,jurisdiction stated above or was authorized to transact business in Georgia on the above date and has not filed articles of dissolution, certificate of cancellation or any other similar document with the Office of the Secretary of State. This certificate relates only to the legal existence of the above -named entity as of the print date above. It does not certify whether or not a notice of intent to dissolve, an application for withdrawal, a statement of commencement of winding up or any other similar document has been filed or is pending with the Secretary of State. This information is electronically transmitted,,, issued and certified in accordance with the Georgia Electronic Records and Signatures Act and Title 14 of the Official Code of Georgia.. Annotated and is prima -facie evidence that said entity is in existence or is authorized to transact business in this state. 200-50307193112664 M Cathy ox Secretary of state "AACM NORRIS, KUSKE & TUNSTALL AMIL CONSULTING ENGINEERS, INC. March 2, 2005 Ms. Linda Lewis NC DENR Division of Water Quality Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Zaxby's Restaurant @ Gordon Road SW8 050303 Wilmington, NC NKT Project No. 05025 Dear Ms. Lewis: We are responding to your e-mail of March 2, 2005 as follows: J. Phillip Norris, P.E. John A. Kuske, 111, P.E. John S. Tunstail, P.E. J.A. Kuske, P.E. of Counsel 1. Page 3 of the supplement application (SWU-102) has been revised and is enclosed. 2. The calculations have been revised and are enclosed. 03- The Owner is working on this matter and will be sending the requested information directly to you. 4. The pond section on Sheet C-4 has been modified as requested. We are enclosing two (2) sets of revised plans, one (1) set of revised calculations and the revised Page 3 of the supplement application (SWU-102) for your continued review and approval. Please contact us if you have any further questions or comments. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC. l J. illip Norris, P.E.0 INS JPNlasn NIAR 0 05025 03-02-05-s-sw response-ltr j1AY ; cc: Scott Lindstrom 902 Market Street • Wilmington, NC 28401-4733 0 Phone: 910.343.9653 • Fax: 910.343.9604 NORRIS, KUSKE & TUNSTALL John S. Tunstall, P.E. J. Phillip Norris, P.E. Kent P. Harrell, P.E. John A. Kuske, III, P.E. 'CONSULTING ENGINEERS, INC. James T. Pyrtle, P.E. J.A. Kuske, P.E. 902 Market Street • Wilmington, NC 28401-4733 • Phone (910) 343-9653 • Fax (910) 343-9604 E-Mail: offioe@nkteng.com LETTER OF TRANSMITTAL To: Linda Lewis Date: March 11, 2005 Job No. 05025 NC DENR - Wilmington subject: Zaxby's Restaurant @ Gordon Road 6813 Gordon Road Wilmington, NC SW8 050303 WE ARE SENDING YOU VIA HAND DELIVER ® ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER ❑ FAX" `TRANSMITTAL: NUMBER ;OF``=PAGES- INCLUDING THIS TRA_ NSMITTAL_ =- - ^_ Call .. 91 Q 343 9653 �. if ou ?have ap difficul y y tY receiving this message - COPIES DATE NO. DESCRIPTION 1 03-08-05 Copy of NC Dept. of Secretary of State Certificate of Authority 1 03-071-05 Copy of Application for Certificate of Authority for Limited Liablity Company 1 Copy of GA Secretary of State Certificate of Existence ® ❑ AS REQUESTED FOR YOUR USE ® FOR REVIEW AND APPROVAL ❑ FOR APPROVAL ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS CC: Per our e-mail of 03-09-05, 1 have requested legible copies from our client. They will be mailed to me Monday and I will forward them to you ASAP. You already have some of this information, but the NC Dept. of Secretary of State information is new. If you have any questions, please let me know. Thank you. SIGNED J. Phillip Norris, P.E., / asn CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, i tended f6r—th 'f&erTse�t e addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any disseminati n, distribution or copying of this document is strictly prohibited. If you have received this document in error please irrlmedi �Irlifx LUU� th rder a d return to the address above. qx 1 t BY: Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT OF THE Secretary SECRETARY of STATE Corporations •Corporations Home •Important Notice Zorporate Forms/Fees orporations FAQ •Tobacco Manufacturers •Dissolution Reports *Non -Profit Reports *Verify Certification •Online Annual Reports Links •Secretary Of State Home •Register for E-Procurement •Dept. of Revenue Legislation •1999 Senate Bills •2001 Bill Summaries •Annual Reports 1997 "Corporations 1997 *Other Legislation Search •By Corporate Name •For New Corporation *By Registered Agent Online Orders •Start An Order •New Payment Procedures Contact Us :Secretary Division •Secretary of State's web site PO Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date: 3/11/2005 Click here to: View Document Filings Print apre-populated Annual Report Form I File an Annual Report Corporation Names Name Name Type NC IHDG New Hanover-01, Legal LLC Limited Liability Company Information SOSID: 0770733 FI D: Status: Current -Active Date Formed: 3/8/2005 Citizenship: Foreign State of Inc.: GA Duration: Perpetual Registered Agent Agent Name: Registered Office Address Registered Mailing Address: Principal Office Address: Corporation Service Company 327 Hillsborough Street Raleigh NC 27603 327 Hillsborough Street Raleigh NC 27603 10 Glenlake Parkway, Suite 130 Atlanta GA 30328 Principal Mailing Address: 10 Glenlake Parkway, Suite 130 Atlanta GA 30328 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster, http:l/www.secretary,state,nc.us/Corporations/Corp.aspx?PltemId=7708154 3/11/2005 SOSI D: 770733 Date Filed: 3/8/2005 10:52:00 AM Elaine F. Marshall North Carolina Secretary of State C200506700012 St tv of NOrtb Carolina Department of the Seavtasy of State APPLICATfON FOR CMIXVICATE OF AUTHORITY FOR LOOM LIASILIITY COMPANY Purstutut to §57G7.04 or ate Gc=W Statumx *f Nenh Carolina, tkw utidersigaod limited liabi* company Atrcby appliss far a Certificate of Authority to UwiAaat tmdnaSS in the State ofNorth Csroliaa, and f*r that purpose submits the follawing: I. The aturc of the limited Ilabi ity company is AP2 New X=ovar-01, L1,C T and iftho limimd liability eompay visme is uttavailable for tea in tha Scat= of North CAnlitta, the Same the limited liability company wishes to use Is 7. The sut4 or country under whoa* laws the 11autod liaWlity cotapuW was f6rmcd is- GOOlVia 3. The dam of formatlon was peaember 3. 2004 ; its period orduration is: V"POC=l 4. FncxipW office infiotmatIou: (Sehsal either a orb.) a- Q The limited liability company has 1s ptir>cgW office. JU street address and musty of the principal office of tits limittad liability t:0anpany Is: NUMber and Street to Glenla" Parlc>ray, Saito 130 City, State, Zip Code Atlanta, CA 30328 C ounty P' 1CCO2 The mailing addn=% if d(%ferent jYvm Me stied Wrap, of the prindpat office of the rorgomdon is: b. ❑ The limited liability company dues ma have a principal ofca. S. The strcct address and county ofthe maistared office in the Stare of North Carolina in; Numbar and Sircot 327 3tillaborough street City, State; Zip Coda Raleigh, NC 27603 County Wake, 6. Tho mating addr ss, if dWaront fnosq the slresl addreu, oftho rogls=4 otl co in the State ofNatth Carollna is: 7. The name of the registered agent in the State of North Carolina is: corporation service cowany a. The macs, titles, and usual busiaess addresses of the current iaanagam of the limited liability company arc: (use armehm" Ijascesrary) ire William 0. Walker 3.0 Oltraaaho Par)ssray, Suite. 110, Atlanta, GA 3032a Stevan A. Curlee 10 Glenlake Sarkoray, Suite 130, Atlanta, GA 3032s (fits vfsed J'anwary 2002) {Form L09) CORPOMTIONS DIVISION r_ o. Box Z%= RAUoX IBC 27636. 2a .,MIC47mNPORCBY7?MA=oFA1TMOArrT Pare ] 9- AttacAed is a certificate nt a:ismaoo (err docuru41t of eil�sllar lmpccti}, dub autl�anricated try tfaa ccartsty ot�tDto or aches aS7dei having custody of Umimd usbally oomplmy Tow& in the xmm or cwAdry of ran zwon. than cfa maaths n1d,,1 llitY P-1Cfdk8 10. If tho limiod liability agy is Mulrad to use a fieddous ume in order to t unct business in Wi Siam, a copy of the ratoludon of its mausj m udoptiag dw fictitious nand 19 &=hcd. 11. This application will be effurivo upon Mint, noise a "ed date MWor time i$ speaMcd: This the 7thdny of March 20 D5 3.9W Xew Hanover-Dl, LLC N �r�tury Company jwamwdr William D. Walker -- 2jpa or Prim Name (Rsvttcd January,2002) (ranx LDy) Secretary of State Corporations Division 315 West Tower #2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 CORPORATION SERVICE COMPANY LYNETTE COLEMAN 1201 RAYS STREET TALLAHASSEE, FL 32301 CONTROL NUMBER DATE INC/AUTH/FILED: JURISDICTION PRINT DATE FORM NUMBER CERTIFICATE OF EXISTENCE 0472041 12/03/2004 GEORGIA 03/07/2005 211 I, Cathy Cox, the Secretary of State of the State of Georgia, do hereby certify under the seal of my office that as of the above print date IHDG NEW HANOVER-01, LLC A GEORGIA LIMITED LIABILITY COMPANY is in compliance with the applicable filing and annual registration provisions of Title 14 of the Official Code of Georgia Annotated. Said entity was formed in the jurisdiction stated above or was authorized to transact business in Georgia on the above date and has not filed articles of dissolution, certificate of cancellation or any other similar document with the office of the Secretary of State. This certificate relates only to the legal existence of the above -named entity as of the print date above. It does not' certify whether or not a notice of intent to dissolve, an application for withdrawal, a statement of commencement of winding up or any other similar document has been filed or is pending with the Secretary of State. This information is electronically -transmitted, issued and certified in accordance with the Georgia Electronic Records and Signatures Act and Title 14 of the Official Code of Georgia Annotated and is prima -facie evidence that said entity is in existence or is authorized to transact business in this state. 20050307I83II2664 (9" Secretary of State 03/11/2005 10:00 FAX 5022678100 BEST WESTERN IVIHit, y. jI)UD I1):41AM �WuNmiuN vVG w 2 062/005 Nu, Ub I f. 1 NORTH CAROLING Department of The Secretary of State CERTIFICATE OF AUTHORITY I, ELAINE F. MA,.RSMALL, Secretary of State of the State of North Carolina, do hereby certify that IHDG NEW HA NOVER-oi, LLC having filed on this date an application conforming to the requzrements of the Genera] Starutes of North Carolina, a copy of which is hereto attached, is hereby granted authority to transact business in the State of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and affmcd my official seal at the City of Raleigh, this 8th day of Marcia, 2005. ;74 Secretary of State Document Id: t:20050670001 2 [Fwd: Zaxby's Restaurant SW8 0503031 Subject: [Fwd. Zaxby's Restaurant SW8 050303] From: Linda Lewis <linda.lewis@ncmail.net> Date: Wed, 02 Mar 2005 11:13:58 -0500 To: jpnorris@nkteng.com Phil: In addition to my previous comments, please also address the following: The pond section detail on sheet C-4 indicates that permanent pool elevation is 44.25. I believe this should be corrected to 43.75. Linda Subject: Zaxby's Restaurant SW8 050303 From: Linda Lewis <linda.lewis@ncmail.net> Date: Wed, 02 Mar 2005 l 1:08.41 -0500 To: jpnorris@nkteng.com 101100 I have reviewed the subject stormwater application, received on March 1, 2005. The application is incomplete. Please provide the following items: 1. The pond depth may never be below 31. Please revise the supplement to specify a sediment cleanout elevation of 40.75. 2. Just so there is no doubt, please identify the elevations of the areas used to demonstrate that the l" volume is 3,453 cubic feet, the permanent pool volume is 14,532 cubic feet and that there is 3,126 cubic feet of storage in the forebay. 3. The NC Secretary of State does not have a corporation by the name of Iron -Horse Development Group, LLC listed. Please either have the corporation listed and provide a copy of the incorporation papers. Additionally, please provide documentation of Mr. Lindstrom as Vice President. You may also want to check with the applicant to make sure the corporate entity is spelled correctly, including capital letters, hyphenation, spacing, etc. Please submit the requested information by close of business on March 9, 2005, Thanks, Linda Content -Type: message/rfc822 Zaxby's Restaurant SW8 0503031 I Content -Encoding: 7bit 1 of 1 3/2/2005 1 1:14 AM STORMWATER SYSTEM NARRATIVE ZAXBY'S RESTAURANT @ GORDON ROAD 6813 GORDON ROAD WILMINGTON, NORTH CAROLINA For Iron -Horse Development Group, LLC 10 Glenlake Parkway, Suite 130 Atlanta, GA 30328 (678) 222--3484 IIJtf� C A R • Q- . u' ' 966 • Y yN ,MCI %• PH1 LL I P �tttsIAN%IN�� February 2005 Prepared by: NORRIS, KUSKE, & TUNSTALL CONSULTING ENGINEERS, INC. 902 Market Street Wilmington, North Carolina 28401 (910) 343-9653 (910) 343-9604 — (Fax) E-mail: office@nkteng.com NKT Project No. 05025 NARRATIVE STORMWATER MANAGEMENT MEASURES: The project site is located at 6813 Gordon Road in New Hanover County, North Carolina. Land disturbing on the site will exceed one acre, which requires the site to comply with the State Regulations. The stormwater runoff from the 1.3-acre development will be directed to a stormwater detention pond. The stormwater detention pond was designed to accommodate this site and provide 90% TSS removal without a vegetated filter. CONSTRUCTION SEQUENCE: The Contractor will install the gravel construction entrance and slit fence prior to beginning any clearing and grading operations. Additional silt fence will be installed when and if conditions warrant during construction. The detention pond/silt basins will be constructed immediately after that portion of the site is cleared, and outlet structure with protection will be installed. Disturbed areas will be landscaped or seeded upon completion. The detention pond will be cleaned out to remove any sediment that accumulates during construction. NORRIS, KUSKE TU NSTALL CONSULTING ENGINEERS, INC. March 1, 2005 Mr. Cameron Weaver, Express Review Coordinator NC DENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: _ State Stormwater Express Permit Submittal Zaxby's Restaurant @ Gordon Road 6813 Gordon Road Wilmington, NC NKT Project No. 05025 Dear Mr. Weaver: J. Phillip Norris, P.E. John A. Kuske, III, P.E. John S. Tunstall, P.E. J.A. Kuske, RE. of Counsel 2 N� 1� Enclosed are two (2) sets of plans for the subject project, one (1) set of calculations, the original Division of Water Quality Stormwater Management Permit application, the original SWU-102 supplement form, one (1) copy of the stormwater narrative and a $4,000.00 check for the express permit review fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS, KUSKE, & TUNSTALL CONSULTING ENGINEERS, INC. J. hillip Norris, P.E. JPN/asn 05025 03-01-05-s-sw express-Itr Enclosures cc: Linda Lewis / NC DENR Scott Lindstrom / Iron -Horse Development Group, LLC RECEIVED MAR 0 1 iW 0,0 36 3 902 Market Street - Wilmington, NC 28401-4733 0 Phone: 910.343.9653 - Fax: 910.343,9604