SW8051243_HISTORICAL FILE_20061025

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW (JvS�ol�
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2,iS
YYYYMMDD

State Stormwater Management Systems
Permit No. SW8 051243
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
Michael Kelley & Kelley Austin Properties, LLC
Walgreen's Swansboro
Hwy 24 & NCSR 1512 (Old Hammock Road), Swansboro, Onslow County
FOR THE
construction, operation and maintenance of sand filter in compliance with the provisions
of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications and other supporting data
as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until October 25, 2016, 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 1.7 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 62,920 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.
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.
6. This is an after -the -fact permit. The stormwater facilities covered by this permit
must be fully constructed and operational prior to January 25, 2007.
Page 2 of 7

State Stormwater Management Systems
Permit No. SW8 051243
7
The following design criteria have been provided in the sand filter and must be
maintained at design condition:
a.
Drainage Area, acres:
Onsite, ft
Offsite, ft2:
b.
Total Impervious Surfaces, ft2:
G.
Filter Depth, feet:
d.
TSS removal efficiency:
e.
Bottom Elevation, FMSL :
f.
Bottom Surface Area, ft .
g.
Permitted Storage Volume, ft3:
h.
Bypass Elevation, FMSL-
i.
Controlling Orifice:
j.
Receiving Stream/River Basin:
k.
Stream Index Number:
I.
Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
1.44
62920
0
62,920
3.0
90%
26.42
520 each chamber)
3,12� (both chambers)
29.42
6"0 pipe
White Oak River (ICWW)
WOK01 20-18
"SA"
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 sand filter structure, orifices, catch
basins and piping.
g. When the infiltration capacity of the sand filter has been reduced such
that the 1" runoff bypasses the system without infiltrating, the sand must
be removed and replaced.
h. Access to the sand filter structure must be available for inspection and
routine maintenance.
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. 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.
Page 3 of 7

State Stormwater Management Systems
Permit No. SW8 051243
6. 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.
7. 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.
8. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
9. ' 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.
10. The- permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
11. 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.
12. 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
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.
Page 4 of 7

State Stormwater Management Systems
Permit No. SW8 051243
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 th 5th day of October 2006.
NORT AROLINA EN U ENTAL MANAGEMENT COMMISSION
for Alan W. Ki ek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7

GREENHORNE & O'MARA
CONSULTING ENGINEERS
September 19, 2006
OVERNIGHT
Ms. Linda Lewis, Environmental Engineer
North Carolina Department of Environment and Natural Resources'
127 Cardinal Dr
Wilmington, NC 28405-3845 1"
RE: SW8 051243
Walgreens- Old Hammock Road
Swansboro, North Carolina
Dear Linda:
Please see attached a revised set of plans for the above permit submitted on August 7, 2006. We have
adjusted our plans based on your comments. See the attached responses below each comment.
Please find the enclosed documents:
1. Three (3) copies of revised drawings
2. Three (3) copies of sealed calculations
3. One (1) copy of response to comments
4. One (1) copy of the Sand Filter Supplement
if you have any questions please feel free to contact me at [phone] [e-mail]
Sincerely yours,
GREE.NHORNE & O'MARA, INC.
47�-, V,!�-
oel D. Smith, PE
Project Engineer
5565 Centerview Drive Suite 107 - Raieigh, NC 27606
Phone [phone] - Fax [phone]
www.G-and-O.com

s
Mr. Kelley
September 12, 2006
Stormwater Application No. SW8 051243
September 12, 2006
T. Michael Kelley, Member/Manager
Kelley Austin Properties, LLC
1076 W. 4th Street Suite 200
Winston-Salem, NC 27101
Subject: Request for Additional Information
Stormwater Project No. SW8 051243
Walgreens - Swansboro
Onsiow County
Dear Mr. Kelley:
The Wilmington Regional Office received previously requested information regarding
the pending Stormwater Management Permit Application for Walgreens - Swansboro on
August 7, 2006. 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. Sheet C-3.0, the Grading and Erosion Control Plan shows storm drain lines
entering on both sides of the filter. Please note that the storm drain lines need
to enter on the sediment chamber side, not the sand chamber side. Please
revise the Grading plan to show the proposed storm drain lines entering on
the sediment chamber side of the sand filter. Please also add the points
where the storm drain lines will enter the sand filter to the sand filter detail.
Response: Sheet C3 shows two storm lines entering on one side and one storm
line exiting on the other side. Refer to the attached sheet C9 for details. At the
clearwell, the system is designed to allow an exit from any side. The detail has
been modified to show where the storm drain line will enter and leave the sand
filter.
2. There appear to be 5 orifices leaving the sand filter, of two different sizes.
Please label the orifice outlet diameters on the sand filter section A -A
detail and add the orifices to the plan view detail.
Response: The two small holes are weep holes that are screened to prevent
loss of filter material. The three larger holes are the perforated drain pipe holes.
The sand filter system does not include filter media.
3. It appears that the orifices are running parallel with the chambers under
the sand side instead of perpendicular and coming through the wall at
designated intervals, per the design in the current BMP manual. Is the
orifice pipe perforated? If so, please specify the type and size of
perforated pipe and that it be wrapped in some type of filter cloth to keep
the sand out.
Response: Correct, the perforated drain pipes run parallel inside the chamber
under the sand bed. See response to question #2 above for the drain holes.
The media and pipe will be installed per the current BMP manual. The pipe will
be perforated and wrapped in filter fabric with a stone layer. A note has been
added to the plans to describe this.
4. Please show on the plans and details how the sand filter orifices will
ultimately connect into the existing drainage system to provide positive
drainage.
Response: The sand filter detail shows this best. The sediment side of the
chamber can fill from any point along the entire filter. As the sediment side fills,
Page 1 of 3

.
Mr. Kelley
September 12, 2006
Stormwater Application No. SW8 051243
water will spill into the sand side through the flow ports. If the sand cannot pass
the water fast enough the wafer will bypass the filter system over the bypass
weirs at the end of the system at the clearwell. Once the water enters the
clearwell, by either the under drain system or the bypass weir, water will exit the
system by a 15" pipe and into the appropriate catch basin.
5. Section B-B of the sand filter shows a "tapered opening in the centerwall
of the clearwell." The elevation of this opening appears to allow runoff,
which may enter the chamber on the other side, to "bypass" the sand filter.
Please raise the elevation of this opening to the weir elevation between
the two chambers to eliminate the possibility of bypassing.
Response: The only way water can enter the clearwell is through the
underdrain system on the sand side or over a bypass weir on both sides. Once
water enters the clearwell, water can equalize on both sides of the system to exit
the system wherever necessary. This allows the outlet pipe to be placed on the
sand side or sediment side for ease of design. No filter media will be placed in
the clearwell. The tapered opening does not empty the sand chamber.
6. The calculated minimum required surface area per chamber is 480 ft2.
This proposal only provides 240 ft2 of area per chamber. Please revise.
Response: The size of the sand filter has been increased to meet the minimum
requirements.
7. As previously requested, please add the nearest intersection of two major
roads to the vicinity map. A major road is any 1, 2 or 3 digit NC, US or
interstate highway. The four digit State Road numbers are not considered
major roads.
Response: The vicinity map has been.updated.
8. The application received on June 29, 2006, indicates a total proposed
BUA of 68,379 ft2, however, the BUA accounted for in the sand filter sizing
calculations is only 58,079 ft2. Please explain this discrepancy.
Response: We have captured the runoff to the maximum practical extent which
is 93% of the site (62,920 SF). Due to site conditions, approximately 7% of the
site cannot be directed to the sand filter.
9. Please delineate the drainage area to the sand filter.
Response: The drainage area has been delineated.
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 September
26, 2006, 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 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. The project is already
in violation for construction without a permit, and enforcement action is currently being
pursued.
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].
Page 2 of 3

Michaci F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Dcpartmcnl of Environment and Natural Rcsourcc,s
Alan W. Klimek, Y.E. Director
Division of Water Qualily
September 12, 2006
T. Michael Kelley, Member/Manager
Kelley Austin Properties, LLC
1076 W. 4t' Street Suite 200
Winston-Salem, NC 27101
Subject: Request for Additional Information
Stormwater Project No. SW8 051243
Walgreens - Swansboro
Onslow County
Dear Mr. Kelley:
The Wilmington Regional Office received previously requested information regarding the
pending Stormwater Management Permit Application for Walgreens - Swansboro on August 7,
2006. A preliminary review of that information has determined that the application is not
complete. The following information is needed to continue the stormwater review:
Sheet C-3.0, the Grading and Erosion Control Plan shows storm drain lines
entering on both sides of the filter. Please note that the storm drain lines need to
enter on the sediment chamber side, not the sand chamber side. Please revise
the Grading plan to show the proposed storm drain lines entering on the
sediment chamber side of the sand filter. Please also add the points where the
storm drain lines will enter the sand filter to the sand filter detail.
2. There appear to be 5 orifices leaving the sand filter, of two different sizes. Please
label the orifice outlet diameters on the sand filter section A -A detail and add the
orifices to the plan view detail.
3. It appears that the orifices are running parallel with the chambers under the sand
side instead of perpendicular and coming through the wall at designated
intervals, per the design in the current BMP manual. Is the orifice pipe
perforated? If so, please specify the type and size of perforated pipe and that it
be wrapped in some type of filter cloth to keep the sand out.
4. Please show on the plans and details how the sand filter orifices will ultimately
connect into the existing drainage system to provide positive drainage.
5. Section B-B of the sand filter shows a "tapered opening in the centerwall of the
clearwell." The elevation of this opening appears to allow runoff, which may enter
the chamber on the other side, to "bypass" the sand filter. Please raise the
elevation of this opening to the weir elevation between the two chambers to
eliminate the possibility of bypassing.
6. The calculated minimum required surface area per chamber is 480 ft2. This
proposal only provides 240 ft2 of area per chamber. Please revise.
oar
Ngrth('.arUiina
.lalurall j
North Carolina [division orwaterQuatity 127 Cardinal Drivc Extemion Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet.' vrvi'vv.ncw.ncrquakiiv.nra Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110%a Post Consumer Paper

Mr. Kelley
September 12, 2006
Stormwater Application No. SW8 051243
7. As previously requested, please add the nearest intersection of two major
roads to the vicinity map. A major road is any 1, 2 or 3 digit NC, US or
interstate highway. The four digit State Road numbers are not considered
major roads.
8. The application received on June 29, 2006, indicates a total proposed
BUA of 68,379 ft2, however, the BUA accounted for in the sand filter sizing
calculations is only 58,079 ft2. Please explain this discrepancy.
9. Please delineate the drainage area to the sand filter.
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 September
26, 2006, 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 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. The project is already
in violation for construction without a permit, and enforcement action is currently being
pursued.
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/aril- S:IWQSISTORMWATERIADDINFO120061051243.sep06
cc: Donald Gibbs, Jr., P.E., Greenhorne & O'Mara
Linda Lewis
Page 2 of 2

TO
isGREENHORNE & OWARA
CONSULTING ENGINEERS
August 4, 2006
Nis. Linda Lewis, Environmental Engineer
North Carolina Department of Environment and Natural Resources
127 Cardinal Dr
Wilmington, NC 28405-3945
RE: SW8 051243
Walgreens- Old Hammock Road
Swansboro, North Carolina
Dear Linda:
aU(LQQS
RV:
OVERNIGHT
Please see attached a revised set of plans for the above permit submitted on July 26, 2006. We have
revised the site built sand filters to underground sand filters. Above ground sand filters could not capture
all the surface runoff from the site. Also attached with this submittal are updated sand filter calculations.
Below is our response to your latest comments dated August 2, 2006:
1. A note has been added to sheet C-1.0 stating there are `no' wetlands on the site.
2. We have connected all storm drain lines to the underground sand filter.
3. See sheet C-9.0 for Sand filter detail.
4. This comment does not apply since underground sand filters are being utilized.
5. Please see the cover sheet for the vicinity map. It clearly shows two major road intersections with
`y NC, US or interstate highway number.
Please find the enclosed documents:
1. Three (3) copies of revised drawings
2. Three (3) copies of sealed calculations
If you have any questions please feel free to contact me at [phone] or dgibbs(@g-and-o.com.
Sincerely yours,
(77 & O'MARA,IN
,, PE
Senior Project Manager
5565 Centerview Drive Suite 107 • Raleigh, NC 27606
Phone [phone] • Fax [phone]
www.C-and-O.com

Permit No.
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMW ATER MANAGEMENT PER2VHT APPLICATION FORM
SAIND FILTER SUPPLEN EYT
This form may be photocopied for use as an original.
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a Sand Filter supplement for each proposed sand filter,
design calculations, plans and specifications showing all sand filter details, and a fully executed operation and
maintenance agreement.
I. PROTECT LYFORMATION (Piease complete the following information):
Project Name: iVAI_GIZ=- S SzmgE 4 1 O 43 b Spna
Contact Person: i7n �J C� t RCVS _ Phone Number: 53Z,- 7_31 Z
For projects with multiple basins, specify which basin this worksheet applies to:
Elevations
Bottom:
Top of Sand:
Weir:
Grate:
Areas .
Drainage Area:
Bottom Area:
Design Storage Area:
Sediment Chamber
,fmsl
NIA
29, 9_iyfmsl
31. -75` fmsl
S o�� ftZ
z iF0 ftZ
Sand Chamber
33 fmslz.9 33 fmsl
Z9, Y3 fmsl
�fm � j• 7 sl
(floor of the sand filter)
(min. 18"above bottom)
(weir into the sand chamber)
(top of the grate)
2J o ft (min. 360 ftZ per acre of drainage area)
`-r f2_ft(at the weir elevation of the sand filter)
Volumes
Required Volume: 7Zp _ft3 "720 ft3 (Min. 540 f? per acre of drainage area)
Volume Provided: "7 7o ft' -77er2 -,ft'. (volume provided at the weir elevation)
Total Volume Provided (both chambers)
Other Parameters
Drawdown Orifice Size: n (maximum 6" diameter)
Orifide Invert Elevation: _?Ze,, 73fmsl (usually the floor of the sand filter)
Time to drawdown: hours (must be 174 hours)
H. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the latest version of the Stormwater Best Management
Practices Manual (N.C. Department of Environment and Natural Resources) and Administrative Section 15A
NCAC 2H.1008.
Initial in the blank space provided in front of each item to indicate the following design requirements have been met
and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management
Permit Application Form, the agent may initial below. If a requirement has not been met, please attach written
justification.
Farm SV U--
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This letter is being written to explain the reason for not meeting the surface area
requirement. G& O has made every attempt to utilize sand filters to the maximum
practical extent. Due to site characteristics, there is only one practical area where a sand
filter will function properly. All other areas place the outlet of the sand filter below the
invert elevations of the existing drainage structures. While not meeting the minimum
surface area requirement, we have met the required sand volume. Given that the sand
filter cross section is 4' x 3' in each chamber, we believe there is adequate area to
properly settle out suspended solids in the sediment chamber. Please see the attached
details and calculations. Please call Don Gibbs at [phone] if you have any
questions.
Calculations:
Filter Basin Sizing: 60' x 4' x 3' (each chamber)
Drainage Area: 58,079 SF = 1.33 AC
Surface Area calculation:
1.33 AC * 360 SF/AC = 479 SFDrequired
24 SSF provided
Volume Calculation:
1.33 AC * 540 CF/AC = 718 CF required
720 CF provided
Drawdown Calculation:
Assumption: 0.04 gal/min/ft2
.04 gal/min/ft2 *240 ft2 = 9.6 gal/min * 60 min * 24 hrs = 1'3.824;al' in a24 liour;p`criod
Sand chamber volume = 240 sf * 3 ft = 720 CF = 5,386 gal
Drawdown time = 5,386/13,824 = .38
24 hrs * .38 = 9.5 hrs.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department or Environment and Natural Resources
August 15, 2006
T. Michael Kelley
Manager, KA Swansboro Partners, LLC
Kelley Austin Properties, LLC
1076 W 4" Street, Suite 200
Winston-Salem, NC 27101
RE: Request for Remission of Civil Penalty
Kelley Austin Properties, LLC
Walgreen's - Old Hammock Road Swansboro
Permit No. SW8 051243
Case No. CV-2006-0014
Onslow County
Dear Mr. Kelley:
Alan W. Klimck, P.E. Director
Division of Water Quality
RECEIVED
AW, 1 Ll ?11d6
The Division of Water Quality has received your request for remission of civil penalty
dated August 10, 2006, with accompanying support information. Your request will be
presented to the Director of the Division of Water Quality and you will be notified of the
results.
Should you have any questions., please feel free to call Ed Beck with the DWQ
Wilmington Regional Office at [phone] or myself at [phone] ext. 574
Sincerely,
koj�k_� -11
Karen Higgins
NPS Assistance and Compliance Oversight Unit
cc: Ed Beck— DWQ Wilmington Regional Office Supervisor
Rhonda Hall — DWQ Wilmington Regional Office
NPS Assistance and Compliance Oversight Unit — File Copy
DWQ Central Files
Nqam�`ttCarohn
NNalura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone]. Customer Service
Internet: www.ncwaterqualily, org Location: 5.12 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal opportunit /Affirmative Action Employer— 50% Rerycled110% Post Consumer Paper

MSTMCATION FOR RENUSSION REQUEST
(-71
DWQ Case Number: C'V-2006-0014 County: Onslow
Assessed Party: Kelley Austin Properties, LLC Amount Assessed: 4 235.25...
Permit No. (if applicable): SW8 051243
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right -to an Administrative Hearing a, and Stipulation o{'
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your 'request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document_ Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed):
_jL (a) one or more of the civil penalty assessment factors in N.C.G.S.-143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors
are listed in the civil penalty assessment document);
x (b) the violator promRtly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
X (c) the violation was inadvertent_ or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
x (d) the violator has not been assessed civil -penalties for any previous violations;
(e) payment of the civil penalty_'will prevent payment for the remaining nec_essaq
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):
See attached explanation letter from Leigh C. Bagley, attorney for
Assessed Party

N E X S E N � P R U E T
ADAMS KLEEMEIER
August 10, 2006
Shelton Sullivan
NC DWQ — Wetlands & Stormwater Branch — NPS Assistance & Compliance
Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-6714
Re: Explanation Letter for KA Swansboro Partners, LLC, Case No. CV-
2006-0014
Dear Mr. Sullivan:
Charleston
As referenced above, this is a letter of explanation to be attached to the
Charlotte "Justification for Remission Request," enclosed. Please note that the Assessed Party
Columbia should be KA Swansboro Partners, LLC, a North Carolina limited liability company.
Greensboro KA Swansboro Partners, LLC entered into a long term ground lease on April 24,
2006 with Ward Family Investments, LLC, the owner's of the property. You will
Greenville notice that the "Waiver of Right to an Administrative Hearing and Stipulation of
Hilton Head Facts," also enclosed, is signed by the manager of KA Swansboro Partners, LLC,
Myrtle Beach
Mike Kelley, rather than Kelley Austin Properties, LLC.
,
Certain civil penalty assessment factors in N.C.G.S. §143B-282 1(b) reflect
favorably on KA Swansboro Partners, LLC. To the best of the company's
knowledge, there has been no harm to the natural resources of the State, to private
property or to public health. To the best of the company's knowledge, there has been
minimal to no damage to ground or surface water quality or quantity or to air quality.
The cost of enforcement procedures, $235.25, is relatively low. KA Swansboro
Partners, LLC has not been assessed penalties for permit violations before.
Moreover, the violation was not committed intentionally or willingly. The
engineer working on this project, Donald Gibbs of Greenehorne & O'Mara, Inc., was
under the impression that the grading permit for this site covered stormwater issues.
When Mr. Gibbs realized he was mistaken, he immediately submitted a permit
application, and since that time has diligently worked with the DWQ Wilmington
T336,373.1600
F 336.273.5357
Nexsen PruetAdams Kleemeier, PLLC
Attorneys and Counselors at Law
NPGB01:709207.2-LT•(LBAGLEY) 707552-00023

OF W A rF9
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 2, 2006, 2006
T. Michael Kelley, Member/Manager
Kelley Austin Properties, LLC
1076 W. 4 thStreet, Suite 200
Winston-Salem, NC • 27101
Subject: Request for Additional Information
Stormwater Project No. SW8 051243
Walgreens - Swansboro
Onslow County
Dear Mr. Kelley:
Alan W. Klimek, P.E. Director
Division of Water Quality
The Wilmington Regional Office received a Stormwater Management Permit Application for
Walgreens - Swansboro on August 1, 2006, with a scheduled Express Review date of August
2, 2006. A preliminary review of that information has determined that the application is not
complete. The following information is needed to continue the stormwater review:
Please either delineate all wetlands on site, disturbed or undisturbed, or note on
the plans that none exist.
2. Based on the calculations, it appears that the proposal is to treat the runoff from
less than 20% of the proposed impervious surfaces. This is not acceptable.
Please collect and treat all of the runoff from all of the built -upon surfaces.
3. Please provide sand filter details to include a plan view with contours and
dimensions and a cross section view with elevations.
4. Based on the geotechnical report, which indicates a high water table, the sand
filter will need to be lined with a geotechnical liner or clay to prevent infiltration
directly into the water table.
5. Please add the nearest intersection of two major roads to the vicinity map. A
major road is any 1, 2 or 3 digit NC, US or interstate highway: Ideally, the vicinity
map should be geared toward driving to the site from Wilmington.
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 August 16, 2006, 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.
None
libCarolina
Aaturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.nca,ater uafit .or Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycledll0% Post Consumer Paper

Mr. Kelley
August 2, 2006
Stormwater Application No. SW8 051243
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. The project is already
in violation for construction without a permit, and enforcement action is currently being
pursued.
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:IWQSISTORMWATERIADDINFO120061051243.aug06
cc: Donald Gibbs, Jr., P.E., Greenhorne & O'Mara
Linda Lewis
Page 2of2

Page 1 of 1
North Carolina
Elaine F. Marshall DEPARTMENTOF THE
Secretary SECRETARY OF STATE
Corporations
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PO Box 29622 Raleigh, NC 27626-0622 [phone]
Date: 8/2/2006
Click here to:
View Document Filings I
11 Print apre-populated Annual Report Form I Annual Report Count I Fil
an Annual Report I
Corporation Names
Name Name Type
NC Kelley Austin Legal
Properties, LLC
NC Kelley -Austin Properties, Prev Legal
LLC
Limited Liability Company Information
SOSID:
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Agent Name:
Registered Office Address
Registered Mailing
Address:
Principal Office Address
Principal Mailing Address
0682655
Current -Active
7/11 /2003
Domestic
NC
Perpetual
Burnham, Margaret S.
701 Green Valley Rd., Ste. 100
Greensboro NC 27408
PO Box 3463
Greensboro NC 27402
1076 West Fourth Street, Suite 200
Winston Salem NC 27101
1076 West Fourth Street, Suite 200
Winston Salem NC 27101
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=5666625 8/2/2006

0.
:Y7 X • LIMITED LIABILITY COMPANY
ANNUAL REPORT
SOSID: 0682655
Date Filed: 4/12/2006 5:09 PM
Elaine F. Marshall
North Carolina Secretary of State
NAME OF LIMITED LIABILITY COMPANY: Kelley Austin Properties, LLC
STATE OF INCORPORATION: NC
SECRETARY OF STATE L.L.C. ID NUMBER: 0682655 FEDERAL EMPLOYER ID NUMBER: 364535294
NATURE OF BUSINESS: Commercial Developer
REGISTERED AGENT: Burnham, Margaret S.
REGISTERED OFFICE MAILING ADDRESS: PO Bar 3463
Greensboro, NC 27402
REGISTERED OFFICE STREET ADDRESS: 701 Green Valley Rd., Ste. 100
Greensboro, NC 27408 County: Guilford
PRINCIPAL OFFICE TELEPI4ONE NUMBER: 3367241133
PRINCIPAL OFFICE MAILING ADDRESS: 1076 West Fourth Street, Suite 200
Winston Salem, NC 27101
PRINCIPAL OFFICE STREET ADDRESS: 1076 hest Fourth Street, Suite 200
Winston Salem, NC 27101
MANAGERVMEMBERS/ORGAN I"LER S :
TMichael Kelley
Title: Mrnrager/member
1076 West Fourth Street, Suite 200
Winston Salem, NC 27101
Stephen C Austin
Title:11anager/member
1076 West Fourth Street, Suite 200
[Vinton Salem, NC 27101
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES
T Michael Kelley 4/12/2006
FORM MUST BE SIGNED BY A MANAGER/MEMBER
DATE
T Michael Kelley Manager/Member
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE: $-Paid Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525

l
10 GREENHORNE & O'MARA
rdCONSULTING ENGINEERS
;c�''-1 tioo6
July 26, 2006
OVERNIGHT
Ms. Linda Lewis, Environmental Engineer
North Carolina Department of Environment and Natural Resources
127 Cardinal Dr
Wilmington, NC 28405-3845
RE: SW8 051243
Walgreens- Old Hammock Road
Swansboro, North Carolina
Dear Linda:
Please see attached a revised set of plans for the above permit submitted on June 9, 2006. We have revised
the underground sand filters to site -built sand filters. Please use the previously submitted permit
application and replace the plans with the attached set. Also attached with this submittal are updated sand
filter calculations and a newly signed/notarized maintenance agreement.
Please find the enclosed documents-,
1. Three (3) copies of revised drawings
2. Three (3) copies of sealed calculations
3. Three (3) copies of the signed Operation and Maintenance Plan.
If you have any questions please feei free to contact me at [phone] or dgibbsCwn-and-(,.coITi,
Sincerely yours,
GI RNE & O'MARA, I`C.
Donald Gibbs, Jr, PE
Senior Project Manager
5565 Centerview Drive Suite 107 . Raleigh, NC 27606
Phone [phone] • Fax [phone]
www.6-and-O.com

Permit No. 5sw8OS(z¢3.
State of North Carolina
Dev_ artment of Environment and Natural Resources
Division of Water Quality
STOR21v1WATER MANAGEMENT PEKv1IT APPLICATION FORM
SATsD FILTER SUPPLENIEIN-T
This form may be photocopied for use as an original. ,
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a Sand Filter supplement for each proposed sand filter,
design calculations, plans and specifications showing all sand filter details, and a fully.executed operation and
maintenance agreement.
I. PROJECT INFORMATION (Please complete the following information):
Project Name: _ V)A1 9Er:.:TJ DZE Senin Ea __-_r 2_
Contact Person: 1 710 P G 9 MSS Phone Number: a l 53Z.-- 7_31 Z
For projects with multiple basins, specify which basin this worksheet applies to:
Elevations
Bottom:
Top of Sand:
Weir:
:Grate -
Areas .
Drainage Area:
.'.Bottom Area:
Design Storage Area:
Volumes
Sediment Chamber
? S fmsl
NIA
„fmsl
�- , �9 9 fr
/'7D ft'
91 fr
Sand Chamber
Zg. 7.5' fmsi
-3 L. 7, S_ fmsl
fmsI
N fmsl
(floor of the sand filter)
(min. 18"above bottom)
(weir into the sand chamber)
(top of the grate)
7* --10 f (min. 360 ft2 per acre of drainage area)
„ 9j&O ftz . (at the weir elevation of the sand filter)
Required Volume: ft3 �,ft3 (Min..540 ff per acre of drainage area)
Volume Provided: �ft' �3�_ft3• (volume provided at the weir elevation)
Total Volume Provided (both chambers)_ft
Other. Parameters
Daawdown Orifice Size: �u—�L _ (maximum 6" diameter)
Orifice Invert Elevation: 22_ 7S -fins' (usually the floor of the sand filter)
Time to drawdown: 1 _ hours (must be :S24 hours)
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the latest version of the Stormwater Best Management
Practices Manual (N.C. Department of Environment and Natural Resources) and Administrative Section 15A
NCAC 2H.1008.
Initial in the blank space provided in front of each item to indicate the following design requirements have been met
and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management
Permit Application Form, the agent may initial below. If a requirement has not been met, please attach written
justification.
Form SWUG
Patre 1 of 3

Permit No.
(Applicant or authorized agent- Please initial in the appropriate blanks or mark the blank N/A if it does not
apply)
v
rtlgCtfE a. Each chamber (sediment and sand chamber) of the sand filter provides a minimum surface area of 360
square feet per acre of drainage area.
3Q5 b Each chamber (sediment and sand chamber) of the sand filter provides a minimum volume of 540 cubic
feet per acre of drainage area.
,�1:)S c. A minimum of 18" of sand is provided in the sand chamber.
d. Positive drainage to the sand filter has been provided either in conduit or surface drainage.
.e. The sediment chamber has no other outlet except to the sand chamber.
J tj 5 f. The outlet from the sediment chamber to the sand chamber results in a sheet flow condition.
J g. An outlet drain has been provided in the sand chamber which will completely empty the sand chamber
within 24 hours.
,Y125 h. No single outlet pipe is sized greater than.6", to maintain a minimum of 12" of sand depth above the
orifice.
JS i. The drainage area to the sand filter does not exceed 54 acres. "
T j. Where stormwater quantity control is required by local ordinance, runoff that will flow over the sand
filter has been considered in addition to the runoff flowing from the normal outlet of the sand filter.
k. ' Methods to capture trash have been provided at each inlet to prevent premature failure.
III. SAND FILTER OPERATION AND MAINTENANCE AGREEMENT
Regular maintenance is essential to the long-term performance and durability of the sand filter, as it is with all
stormwater BMP's. The Sand Filter system is defined as the sediment chamber, the sand chamber, and the flow
regulator or outlet device.
This system (check one)' [],does does not incorporate a vegetated filter.
This system (check one) ❑ does idoes not incorporate non-integrated pretreatment.
At a minimum, the following maintenance activities shall be performed:
I. Depending on the types of activities occurring within the drainage area, most sand filters will show a
decreased capacity for filtration after a few years. At least once a year, each filter must be inspected after a
P design storm event to determine if the filter bed is passing the runoff within 24 hours.
2. If the filter is not passing the runoff completely within 24 hours, the first 2"-3" of discolored sand must be
removed and replaced with new sand. The removed sand must be dewatered and disposed of properly.
3. At the same time that maintenance is performed on the sand chamber, the sediment chamber shall be
pumped and cleaned. Remove accumulated sediment when it reaches a height of 6" in the sediment
chamber. The removed sediment should be dewatered and disposed of properly.
4. At least once every quarter, check that the drawdown orifice is clear of obstruction.
5. Vegetation within an open sand filter must be mowed regularly to limit the height to 12". Vegetation within
a closed sand filter must be removed.
6. Direct access to the sand and sediment chambers must be provided for maintenance and inspection.
Form SWU-
Page 2 of 3

07/24/2006 09:28 9198518393 GREENHORNE & O'MARA PAGE 02/02
P=3ait No.
I acknowledge and agree by my sipature below that I am responsible for the performance of the maintenance
procedures listed above. I agee to notify DWQ of any problems with the system and prior to making any changes to
the system or to the responsible party.
Print name and title:
Nailing Address: _ _ �� _ _„�• Jr_--!'fitv'_ c�'�� /%
Phone: Pax•
Signature Date
Note: Me leg ly responsible parry shall not be a homeowner association unless the developer no longer holds rr
majority int est and a resident of the subdivision has been named the president, or a performance bond has been
accepted b t Division.
a Notmy Public for the State of 'A3 D4\_ Ca'6U
CountyofG�� do herebycertifythat Kti
personally appeared before me this the G day of 7:S-�•L 20 pnd acknowledge the
due execution of the foregoing sand filter maintenance requirements. Witness my hand amd official seal,
I
.My Commission C:Cpires � � �} � �� � C)
SEAL OFFICIAL SEAL
Notary Public, North Caroi
COUNTY OF FOfISYT-H '
MONAJ.HENDERSON.
MY COMMI75Ion Eapkes Februe Y 17, 2010
Form SNW-

GREENHORNE & O'MARA
CONSULTING ENGINEERS
V R 0 ex A �errl z-hve.
June 30, 2006
OVERNIGI1T
Ms. Linda Lewis, Environmental Engineer
North Carolina Department of Environment and Natural Resources
127 Cardinal Dr
Wilmington, NC 28405-3845
RE: SW8 051243
Walgreens- Old Hammock Road
Swansboro, North Carolina
Dear Linda:
Please find the enclosed check in the amount of $3,580.00 for the Express Review permit. This is in
addition to the $420.00 check that was previously submitted.
If you have any questions please feel free to contact me at (919) 532-23 12 or dgibbsnp,-and-o.com.
Sincerely yours,
G RIgEO RA, INC.
Donald Gibbs, Jr, PE
Senior Project Manager
IV
D
JR2E
5565 Centerview Drive Suite 107.- Raleigh, NC 27606
Phone [phone] • Fax [phone]
www.G-and-O.com

GREENHORNE & O'MARA
CONSULTING ENGINURS
J(JIV 2 2 fool
6
June 20, 2006
Mr. Edward Beck... Regional Supervisor
Surface Water Protection Section
NCDWQ
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Walgreens — Old Hammock Road, Swansboro, NC
Storm Water Permit No. SW8 051243
Onslow County
Dear Mr. Beck:
Please find attached our plan of action (item # 1) for obtaining the referenced storm water management
permit to correct the allege violation noted in your letter dated June 15, 2006. When we received the
letter request for a state storm water management permit application dated April 25, 2006 we were under
the impression that the erosion control and sedimentation permit was the only permit required as we had
reduced the runoff from the existing site with the proposed Walgreens. Once we received notification,
we immediately took steps to obtain separate storm water management permit.
We have submitted for an express review for the storm water management permit (item # 2) with
NCDWQ on June 16, 2006. We have incorporated comments received from the department regarding
the recommended storm water management for this site and have submitted for express review. We
currently are awaiting a specific date for the express review from your office. Upon approval of the
permit, the construction of the storm water management system will be installed as soon as possible
(item # 3). We will notify your office as soon as work has been completed (item # 4),
Please contact me if you believe there are any additional steps you recommend we take to satisfy there
requirements of your letter dated June 16, 2006 while we await the express review process.
5565 Centerview Drive Suite 107 . Raleigh, NC 27606
Phone [phone] • Pax 9I9 851 8393
www.G-and-O.com

Mr. Edward Beck... Regional Supervisor
June 20, 2006
Page 2
Sincerely yours,
GREENHORNE & OWARA, INC
Donald E. Gibbs, P.E.
Senior Project Manager
Enclosures
cc: Mike Kelley
Richard Banks ... Town of Swansboro
Margaret Burnham

REGION- -
10 _GREENHORNE :&-,O'MARA
CONSULTING ENGI-NfERS
5 S 5 9 PAAILED FPOM RA _ '1311 SSG 2 ? t
Mr. Edward Beck, Regional Supervisor
Surface Water Protection Section
NCDWQ
127 Cardinal Drive Extension
Wilmington NC 28405
+'�-�+at^1a 111111111111 too 1 1rrrr111rririr911 IIIIIJ rr�/rrirl�1�rrrfilrrt{f

GREEN H O R N E & O'MARA 5565 Cenlerv:ew Drive Suite 1 Q7 • Ral, 17606 3
l

ERTIFIED MAI
Michael F. icasley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 13, 2006
7005 1820 0007 9587 8096
RETURN RECEIPT REQUESTED
Mr. Mike Kelley
Kelley Austin Properties, LLC
1076 W. 4th Street, Suite 200
Winston-Salem, NC 27101
SUBJECT: Assessment of Civil Penalties
Stormwater Management Permit S W8 051243
Kelley Austin Properties, LLC
Walgreens — Old Hammock Road Swansboro
Onslow County
Case No. CV-2006-0014
Dear Mr. Kelley:
Alan W. Klimek, P.G. Director
Division of Water Quality
DWQFILE Copy
This letter transmits notice of a civil penalty assessed against Kelley Austin Properties, LLC in
the amount of $4,235.25 which includes $235.25 in investigative costs. Attached is a copy of the
assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three options.
These items are detailed below:
1. Submit payment of the penalty, OR
2. Submit a written request for remission, OR
3. Submit a written request for an administrative hearing.
Option 1 — Submit payment of the penalty:
Payment should be made to the order of the Department of Environment and Natural
Resources DENR . Payment of the penalty will not foreclose further enforcement action
for any continuing or new violation(s). Do not include the attached waiver form if
making payment. Please send payment to the attention of:
Mr. Shelton Sullivan
NC DWQ — Wetlands & Stormwater Branch — NPS Assistance & Compliance
Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Nor`hCarolina
,A)aturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: WWW.neAratcrquality.org Location: 512 N. Salisbury St, Raleigh, NC 27604 Fax [phone]
An Equal OpporlunitylAKrmative Action Employer — 50% Recycled110% Post Consumer Paper

Kelley Austin Properties, LLC
Onslow County
Case No. CV-2006-0014
Page 2 of 3
Option 2 -- Submit a written request for remission includi_np, a detailed„!ustification for
such request:
A request for remission or mitigation is limited to consideration of the reasonableness of
the amount of the penalty and is not the proper procedure for contesting the accuracy of
any of the statements contained in the assessment letter. Because a remission request
forecloses the option of an administrative hearing, such a request will not be processed
without a waiver of your right to an administrative hearing and a stipulation that there are
no factual or legal issues in dispute. You must execute and return to this office the
attached "Waiver of Right to an Administrative Hearin and nd Stipulation of Facts" and the
attached "Justification for Remission Request" which should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator has not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Shelton Sullivan
NC DWQ -- Wetlands & Stormwater Branch — NPS Assistance & Compliance
Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 3 -- Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearin s and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
You must also mail or hand deliver a copy of the written petition to:

Kelley Austin Properties, LLC
Onslow County
Case No. CV-2006-0014
Page 3 of 3
Ms. Mary Penny Thompson
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
And to:
Mr. Shelton Sullivan
NC DWQ — Wetlands & Stonnwater Branch — NPS Assistance & Compliance
Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the above three options within thirty days of your receipt of these
documents, as evidenced by a date stamp (not a postmark) indicating when we received your
response, will result in this matter being referred to the Attorney General's Office with a request
to initiate a civil action to collect the penalty.
The violations addressed by this assessment and any impacts to waters must be abated.
You are encouraged to contact Rhonda Hall with the DWQ Wilmington Regional Office at
[phone] if you need assistance in achieving compliance at the site. Please be advised
that additional assessments may be levied for future, continuing, or other violations beyond
the scope of this specific assessment.
If you have any questions, please contact Shelton Sullivan at [phone] ext 544 or myself
at [phone].
Sincerel}�
Edward Beck
Regional Supervisor
Surface Water Protection
Wilmington Regional Office
ATTACHMENTS
cc: WIRO - Files
DWQ — Wetlands & Stormwater Branch — NPS Assistance & Compliance Oversight Unit
DWQ — Central Files
DWQ — Rhonda Hall
Susan Massengale, PIO

JUSTIFICATION FOR REMISSION REQUEST
DNN'Q Case Number: CV-2006-0014 Count}: Onslow
Assessed Party: Kelley Austin Properties, LLC Amount Assessed: $4,235.25
Permit No. (if applicable): SW8 051243
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Wainer ofRight to an Administrative _Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors
are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator has not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent_ payment for „the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):

STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
MR. MIKE KELLEY
KELLEY AUSTIN PROPERTIES, LLC
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. CV-2006-0014
Having been assessed,civil penalties totaling S4 2_,_35,25 for violations)as set forth in the
assessment document of the Director of the, Division of Water Quality dated July 13 2006 the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged
in the assessment document.
The undersigned further understands that all evidence presented in support of remission
of this civil penalty must be submitted to the Director of the Division of Water Quality within
thirty (30) days of receipt of the civil penalty assessment. No new evidence in support of a
remission request will be allowed after thirty (30) days from the receipt of the civil penalty
assessment.
This the
I.
day of _ , 20
NAME (printed)
SIGNATURE
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
IN THE MATTER OF:
MR. MIKE KELLEY
KELLEY AUSTIN PROPERTIES, LLC
FOR VIOLATIONS OF
NCGS 143-215.1
15A NCAC 2H .1003
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
Case No. CV-2006-0014
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality, I, Edward Beck, of the
Division of Water Quality (DWQ), make the following:
FINDINGS OF FACT:
A. Kelley Austin Properties, LLC is a Corporation organized and existing under the laws
of the State of North Carolina.
B. Kelley Austin Properties, LLC is the owner of record and has developed a
commercial site known as Walgreens — Old Hammock Road Swansboro located on
the corner of NC Highway 24 and Old Hammock Road in Swansboro, Onslow
County, North Carolina.
C. On December 28, 2005, DWQ Wilmington Regional Office received a copy of a
Letter Of Receipt Of Erosion Control Plan, dated December 27, 2005, for Walgreens
— Old Hammock Road Swansboro.
D. On April 25, 2006, DWQ Wilmington Regional Office sent a written request for a
State Stormwater Management Permit Application to Stephen C. Austin, Manager,
Kelley Austin Properties, LLC for Walgreens — Old Hammock Road Swansboro.
E. On May 11, 2006, DWQ Wilmington Regional Office received a State Stormwater
Management Permit Application for Walgreens — Old Hammock Road Swansboro.
F. On May 24, 2006, DWQ Wilmington Regional Office sent a letter returning the State
Stormwater Management Pen -nit Application, that was received on May 11, 2006, for
Walgreens — Old Hammock Road Swansboro, to Mike Kelley, Member/Manager,
Kelley Austin Properties, LLC. The application was returned because it lacked the
necessary basic elements to be accepted for review.
G. On May 31, 2006, DWQ Wilmington Regional Office received the following
materials related to the Walgreens — Old Hammock Road Swansboro project:
1. A letter, dated May 25, 2006, concerning the existing conditions of the site and
the constraints of the site
2. Another Stormwater Management Permit Application

Kelley Austin Properties, LLC
Onslow County
Case No. CV-2006-0014
Page 2 of 4
A letter, dated May 26, 2006, confirming that T. Michael Kelley and Stephen C.
Austin are the two owners (members) and two managers of Kelley Austin
Properties, LLC
H. On June 2, 2006, DWQ Wilmington Regional Office sent a letter returning the State
Stormwater Management Permit Application, that was received on May 31, 2006, for
Walgreens -- Old Hammock Road Swansboro, to Mike Kelley, Member/Manager,
Kelley Austin Properties, LLC. The application was returned because it lacked the
necessary basic elements to be accepted for review.
1. On June 12, 2006, DWQ Wilmington Regional Office received another State
Stormwater Management Permit Application for Walgreens — Old Hammock Road
Swansboro.
J. On June 13, 2006, DWQ Wilmington Regional Office inspected the Walgreens — Old
Hammock Road Swansboro site and observed that the foundation and walls of the
building had been constructed. The foundation of the building resulted in an increase
in impervious surface at this site or otherwise decreased the infiltration of
precipitation into the soils.
K. On June 16, 2006, DWQ Wilmington Regional Office issued a Notice of Violation
And Recommendation For Enforcement for Walgreens — Old Hammock Road
Swansboro.
L. On June 16, 2006, DWQ Wilmington Regional Office received a Request for Express
Permit Review for Walgreens — Old Hammock Road Swansboro.
M. On June 22, 2006, DWQ Wilmington Regional Office received a written "Plan of
Action" for Walgreens — Old Hammock Road Swansboro. The written "Plan of
Action" contains the following components:
Plan of Action, Walgreens — Old Hammock Road Swansboro
On June 16, 2006, Greenhorne &O'Mara, on behalf of Kelley Austin Properties,
LLC, submitted a request and application for an express review. This express
review is scheduled for August 2, 2006.
Upon approval of the pennit, Kelley Austin Properties, LLC will start the
construction of the stonnwater management system.
Kelley Austin Properties, LLC will notify DWQ Wilmington Regional Office as
soon as the work has been completed.
N. For development activities located within the 20 coastal counties, a State Stormwater
Management Permit is required by NCGS 143-215.1 and 15A NCAC 2H .1003 for
development activities that require a Coastal Area Management Act Major Permit or
an Erosion & Sedimentation Control Plan.
O. Onslow County is a Coastal County as defined by 15A NCAC 2H .1002(4).
P. The land disturbances associated with Walgreens — Old Hammock Road Swansboro
site required an Erosion &'Sedimentation Control Plan

Kelley Austin Properties, LLC
Onslow County
Case No. CV-2006-0014
Page 3 of 4
Q. The Division of Land Resources approved an Erosion & Sedimentation Control Plan
for the site on January 11, 2006.
R. Kelley Austin Properties, LLC failed to obtain a State Stormwater permit prior to
construction of impervious surfaces.
& As of this date, Kelley Austin Properties, LLC has not obtained a State Stormwater
permit for Walgreens — Old Hammock Road Swansboro.
T. The cost to the State of the enforcement procedures in this matter totaled $235.25.
Based on the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. Kelley Austin Properties, LLC is a "person" within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212(4).
B. Onslow County is a coastal county as defined by 15A NCAC 2H.1002(4).
C. Kelley Austin Properties, LLC is engaging in development activity at this site, which
requires an approved Erosion & Sedimentation Control Plan.
D. Kelley Austin Properties, LLC violated NCGS 143-215.1 and 15A NCAC 2H .1003
by failing to secure a Stormwater Management Permit prior to construction of the
project known as Walgreens — Old Hammock Road Swansboro.
E. Kelley Austin Properties, LLC may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000) per violation per day may be assessed against
a person who is required but fails to apply for or to secure a permit required by G.S.
143-215.1, or who violates or fails to act in accordance with terms, conditions, or
requirements of such permit or any other permit or certification issued pursuant to
authority conferred by this Part.
F. Kelley Austin Properties, LLC may be assessed civil penalties pursuant to G.S. 143-
215.6A (a)(6) which provides that a civil penalty of not more than twenty-five
thousand dollars ($25,000.00) dollars per violation may be assessed against a person
who violates a rule of the Commission implementing this part, Part 2A of this Article,
or G.S. 143-355(k).
G. The State's enforcement cost in this matter may be assessed against Kelley Austin
Properties, LLC pursuant to G.S. 143- 215.3(a)(9) and G.S. 143B-282(b)(8).
H. Edward Beck, of the Division of Water Quality, pursuant to delegation provided by
the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality, has the authority to assess civil penalties in
this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:

Kelley Austin Properties, LLC
Onslow County
Case No. CV-2006-0014
Page 4 of 4
III. DECISION
Accordingly Kelley Austin Properties, LLC is assessed a civil penalty of:
$ 4,000.00 for violating NCGS 143-215.1 and 15A NCAC 2H .1003
by failing to obtain a stormwater management permit from
the Division of Water Quality for the development of
Walgreens — Old Hammock Road Swansboro.
$ 4,000.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-
215.6A.
$ 235.25 Enforcement costs.
$ 4,235.25 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty I considered the
factors set out in G.S. 143B-282.I(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air,quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures
7 /3/-
Date
&I
7.11zz/ - .
Ed Beck
Regional Supervisor
Surface Water Protection
Wilmington Regional Office

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: Mike Kelley, Kelley Austin Properties LLC � ^
Project Name: Walgreens — Old Hammock Road Swansboro
County: Onsiow Case Number: CV-2006-0014�
Permit Number: SW8 051243
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
Inadequately treated stormwater can potentially add pollution to the waters of the State.
2) The duration and gravity, of the violation;
Division of Land Resources issued an Erosion Control Permit for Walgreens — Old Hammock
Road Swansboro on January 11, 2006. However, as of this date, Kelley Austin Properties, LLC
has not obtained a State Stormwater permit for Walgreens — Old Hammock Road Swansboro.
3) The effect on ground or surface water quantity or quality or on air quality;
Potential to introduce pollutants to waters of the state.
4) The cost of rectifying the damage;
Unknown.
5) The amount of money saved by noncompliance;
Cost of delayed construction.
6) Whether the violation was committed willfully or intentionally;
Willful and intentional has not been demonstrated.
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
No previous violations located.
8) The cost to the State of the enforcement procedures.
$ ,235.25
7113 L
Date
Edward Beck
Regional Supervisor
Surface Water Protection
Wilmington Regional Office

Im
June 15, 2006
Walgreens — Old Hammock Road Swansboro
SW8 051243
June 16, 2006
CERTIFIED MAIL # 7005 1820 0007 9586 1050
RETURN RECEIPT REQUESTED
Mr. Mike Kelley, Partner
Kelley Austin Properties, LLC
1076 W. 41h Street, Suite 200
Winston-Salem, NC 27101
Subject: NOTICE OF VIOLATION AND
RECOMMENDATION FOR ENFORCEMENT
Walgreens — Old Hammock-R ao d Swansboro
Stormwater Permit No. SW, 8 L051243
Onslow County
Dear Mr. Kelley:
On June 13, 2006 Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located on the corner of NC Highway 24 and Old
Hammock Road in Swansboro, Onslow County, North Carolina. The inspection was
performed in response to a complaint received by this Office, and because a review of
our files indicates that a Stormwater Management Permit has not been issued for this
site.
The project has been found in violation of 15A NCAC 2H.1000. The violations found
are:
1. Failure to apply for and receive a stormwater management permit as required by
NCAC 2H.1000 for the construction of the project known as Walgreens — Old
Hammock Road Swansboro. The following correspondence has transpired
between our office and Kelley Austin Properties, LLC. However, as of this date, this
office has not issued a stormwater management permit for this site.
Chronology of.Corres ondence
April 25, 2006 — Our office sent a written request for a state Stormwater
management permit application to Stephen C. Austin, Manager, Kelley
Austin Properties, LLC
2. May 24, 2006 — Our office sent a letter returning a recent Stormwater
management permit application to Mike Kelley, Member/Manager, Kelley
Austin Properties, LLC. The application was returned because it lacked
the necessary basic elements to be accepted for review.
Pagel of 3

I'
June 15, 2006
Walgreens — Old Hammock Road Swansboro
SW8 051243
3. May 26, 2006 — Our office received a letter confirming that T. Michael
Kelley and Stephen C. Austin are the two owners (members) and two
managers of Kelley Austin Properties, LLC
4. May 31, 2006 — Our office received another stormwater application and
a letter concerning the existing conditions of the site.
5. June 2, 2006 —Our office sent a letter to Mike Kelley returning the
stormwater management permit application that was submitted on May
26, 2006. The application was returned because it lacked the necessary
basic elements to be accepted for review.
6. June 12, 2006 — Our office received another stormwater application.
This application is in the process of being reviewed for completeness.
At the time of this inspection, the foundation and the walls of the building had
been constructed. However, a stormwater management system had not
been constructed.
To correct these violations you must:
Provide a written "Plan of Action" which outlines the actions you will take to correct
the violation(s) and a time frame for completion of those actions, on or before July
16, 2006.
2. Obtain a stormwater management permit as required by NCAC 2H.1000 for the
construction of the project known as Walgreens — Old Hammock Road Swansboro,
3. Once the stormwater management permit is approved, construct the required
stormwater management system as soon as possible.
3. Please notify this office when the work has been completed. A field inspection of
the site will be conducted soon afterward.
Failure to provide the "Plan of Action" by July 16, 2006, or to correct the violations by
the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil and criminal penalties, pursuant to NCGS
143-215.6A.
By copy of this letter to the Onslow County Building Inspector, this Office is requesting
that the Building Inspector consider withholding building permits and Certificates of
Occupancy for this project until this matter is satisfactorily resolved.
Page 2 of 3

June 15, 2006
Walgreens -- Old Hammock Road Swansboro
SW8 051243
If you have any questions concerning this matter, please call Rhonda Hall at (910) 796-
7345.
Sincerely,
Edward Beck
Regional Supervisor
Surface Water Protection Section
EBArbh SAWQSISTORMWATINOTICE1051111.jun06
cc: Richard Banks, Town of Swansboro Planning & Inspections Dept.
Don Gibbs, P.E., Greenhorne & O'Mara
Rhonda Hall (DWQ)
Shelton Sullivan (NCDENR Central Office)
Page 3 of 3

r�
�pF WATF9Q Michael F. Easley, Governor
`O G William G. Ross Jr., Secretary
�! r North Carolina Departrnent of'Environmeni and Natural Resources
Q Alan W. Klimek, P.F, Director
Division of Water Quality
.tune 16, 2006
CERTIFIED MAIL # 7005 1820 0007 9586 1050
RETURN RECEIPT REQUESTED
Mr. Mike Kelley, Partner
Kelley Austin Properties, LLC
1076 W. 4th Street, Suite 200
Winston-Salem, NC 27101
Subject: NOTICE OF VIOLATION AND
RECOMMENDATION FOR ENFORCEMENT
Walgreens — Old Hammock Road Swansboro
Stormwater Permit No. SW8 051243
Onslow County
Dear Mr. Kelley:
On June 13, 2006 Wilmington Regional Office personnel performed a Compliance Inspection
of the subject project, located on the corner of NC Highway 24 and Old Hammock Road in
Swansboro, Onslow County, North Carolina. The inspection was performed in response to a
complaint received by this Office, and because a review of our files indicates that a Stormwater
Management Permit has not been issued for this site.
The project has been found in violation of 15A NCAC 2H.1000. The violations found are:
Failure to apply for and receive a stormwater management permit as required by.NCAC
2H.1000 for the construction of the project known as Walgreens — Old Hammock Road
Swansboro. The following correspondence has transpired between our office and Kelley
Austin Properties, LLC. However, as of this date, this office has not issued a stormwater
management permit for this site.
Chronology of Correspondence
April 25, 2006 — Our office sent a written request for a state stormwater
management permit application to Stephen C. Austin, Manager, Kelley Austin
Properties, LLC
2. May 24, 2006 -- Our office sent a letter returning a recent stormwater
management permit application to Mike Kelley, Member/Manager, Kelley Austin
Properties, LLC. The application was returned because it lacked the necessary
basic elements to be accepted for review.
No thCarolina
✓Valmrallzy
North Carolina Division of Water Quality 127 Cardinal Drive Extensiun Wilmington, NC 28405 Phone [phone] Customer Service
Wil:ningtonRegional Office Internet: %N'ww.nc%vatcrguality.ora Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper

June 15, 2006
Walgreens -- Old Hammock Road Swansboro
SW8 051243
3. May 26, 2006 — Our office received a letter confirming that T. Michael
Kelley and Stephen C. Austin are the two owners (members) and two
managers of Kelley Austin Properties, LLC
4. May 31, 2006 — Our office received another stormwater application and
a letter concerning the existing conditions of the site.
5. June 2, 2006 — Our office sent a ietter to Mike Kelley returning the
stormwater management permit application that was submitted on May
26, 2006. The application was returned because it lacked the necessary
basic elements to be accepted for review.
6. June 12, 2006 -- Our office received another stormwater application.
This application is in the process of being reviewed for completeness.
At the time of this inspection, the foundation and the walls of the building had
been constructed. However, a stormwater management system had not
been constructed.
To correct these violations you must:
Provide a written "Plan of Action" which outlines the actions you will take to correct
the violation(s) and a time frame for completion of those actions, on or before July
16, 2006.
2. Obtain a stormwater management permit as required by NCAC 2H.1000 for the
construction of the project known as Walgreens -- Old Hammock Road Swansboro.
3. Once the stormwater management permit is approved, construct the required
stormwater management system as soon as possible.
3. Please notify this office when the work has been completed. A field inspection of
the site will be conducted soon afterward.
Failure to provide the "Plan of Action" by July 16, 2006, or to correct the violations by
the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil and criminal penalties, pursuant to NCGS
143-215.6A.
By copy of this letter to the Onslow County Building Inspector, this Office is requesting
that the Building Inspector consider withholding building permits and Certificates of
Occupancy for this project until this matter is satisfactorily resolved.
Page 2 of 3

,W,
June 15, 2006
Walgreens — Old Hammock Road Swansboro
SW8 051243
If you have any questions concerning this matter, please call Rhonda Hall at (910) 796-
7345.
Sincerely
2 C:C.J
Edward Beck
Regional Supervisor
Surface Water Protection Section
EBArbh S:1WQSISTORMWATINOTICE1051111.jun06
cc: Richard Banks, Town of Swansboro Planning & Inspections Dept,
Don Gibbs, P.E., Greenhorne & O'Mara
Rhonda Hall (DWQ)
Shelton Sullivan (NCDENR Central Office)
Page 3 of 3

7
." 12/13/2905 17:09
9198518393
GR.EENHORNE & O'MARA
PAGE 06/0S
..... ...-OF,r-4C&U51r ONLY:.::.....;..
Date Received Fee Paid Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality ;
STORMWATER MANAGEMENT PFizm [T APPLICATION FORM
This form may be photocopicd for usc as an original
I. GENERAL INFORMA-nON
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project);
2. Print Owner/Signing Official's name and title (person legaliy.responsible for facility and compliance):
glee-
3. Mailing Address for person listed in item 2 above:
v
City: /_.�/i•v.S�is �Gt/E'N _....� state:_ /\-J1 - zip:7Z-7101
Telephone Number � � -- /
4: Project Name (subdivision, facility, or establishment name - should be consistent With project name on plans,
specifications, letters, operation and maintena�snents, etc.):
t Y—tj5— _ .__. \1 _
5. Location of Project (street address):
City:
j6. Directions to project
dv,\/—(",Y-".)C—n—
h�-C)
nearest major intersection):
01-J V Z L/
County: r w
a Id
7. Latitude: �'L` , 4 ! ! 75 ;S' D r� Longitude: ? � Z 4 ! 12 • 7 of project
S. Contact person who can answer questions about the project:
Name: �C? 11 T I `� Telephone Number: (�,(� 3 2 1 z
IL PERMIT INFORMATION:
1. Specify whether project is (check one): zNevv Renewal Y Modification
Form SVVU-101 Version ?.99 P::Le 1 qr?.

12/13/2e85 17:09 91'36518393 GREENHORNE & O'MARA PAGE 07/09
2. I.F this application is being submitted as the result of a renewal or rnodil'icarion to an existing permit, list the
existing permit number, and its issue date (if known)
3. Specify the type of project (check one):
Low Demity High Density Redevelop tl General Permit Other
4. Additional Project Requirements (check applicable blanks):
CAMA.ivlajor Y Sedimentation/Erosion Control �404/401 Permit NPDE5 Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
IIZ, PROJ-ECT IN -FORMATION
1. In the space provided below, summarize how stermwacer will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater manai?emem for the project .
llr 4 f[,,
` j, 2. 5tormwater runoff from this project drains to the L 5f et IV A 1 °f
r-OLcKRiver basin.
3. Total Project Area: _acres 4. Project Built Upon Area: G O %
5. How many drainage areas does the project have?
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the informati❑n for each area provided in the same format as below.
I3asln:Ir< orrna�ior:...,,,
;D pe::Area I • '-, : }•:
= i :' r g Z'
Receiving 5tre4rn Name
�c:_c'c�� /r✓���w��.
Receiving Stream Class
Drainage Area
.,
Existing Impervious` Area
t
Proposed Impervious"Area
' $1=
% Impervious' Area (total)
' U t
arri' P. ervious".S'urfaee
]Drainage A. 2.- --
On -site Buildings
On -site Streets
S D
On -site .Parking
1 4 i
On -site 5idewalks
'5`,50
Other on -site
N' A
off -site
A
Total: c6- 3'•7 9 5F
Total:
Impervious arra is defined as the built upon area Including, but not 11mited to, buildings, roads, parking areas.
sidewalks, gravel areas, etc.
Perm S,� U-101 Version '-.99 P:Ise 2 of A

12/13/2005 17:09 9198518393 GREENNORNE & O'MARA PAGE 08/09.
7. How was the off -site impervious area Listed above derived?
TV. DEED RESTRICTIONS AND FROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are requlred to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. Y lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment.
J. The fallowing covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality, These covenants may not be
changed or deleted without the consent of the State.
2. No morn than square feet of any lot shall be covered by structures or impervious materials.
impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface ofswimmingpools,
3. Swales shall not be filled in, piped. or alrercd except as necessary to provide driveway crossings.
4. Built -upon area to excess of the permitted amount requires a stare stormwater management permit modification prior to
construction.
5_ All permitted runoff from ourparcels or future development shall be dkrcted into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integriry
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and, protective covenants for this project .
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the states
and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SVIJU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-10, Vcrsion +.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
.submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
i I mi al6A
Original and one copy of the Stormwater Management Permit Application Form ��ZZJJ
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
-Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours. spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm):.
Mailing Address:
City:
Phone: ( )
VIII. APPLICANT'S CERTIFICATION
State:
Fax: ( )
Zip:
I. (print or type name of person listed in General Information, item Z) V '
certify that the information included on this permit application for o t e best of my knowled e, correct and
that the project will be co cted i onforma�witproved plans, that the required deed restrictions
and protective cove nts will be reco ded, andposed project complies with the requirements of 15A
NCAC 2H .1000.
Signature:
Date: d rD
Form S« U--101 Vd-.Sior, ?,')9 Page = o; 4

O,-,\W
O�AT 6/i.Q
(� r
r
>,:
� Y
June 2, 2006
Mike Kelley, Partner
Kelley Austin Properties, LLC
1076 W. 4lh Street, Suite 200
Winston-Salem, NC 27101
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Project Name: Walgreens - Old Hammock Road Swansboro
County: Onslow County
Project Number: SW8 051243
Alan W. Klimek, P.E. Director
Division of Water Quality
Dear Mr. Kelley:
Your recent stormwater management permit application and check #1363 for the $420.00
application fee are again being returned because the application lacked the necessary basic
elements to accept it for review. The plans and any other documentation that were submitted
have been discarded or recycled, as appropriate. Please address the following noted
deficiencies and provide the requested information:
® Per Section .1003 (d) (3) (B), redevelopment projects must meet the requirements of
this section [of the stormwater rules] to the maximum extent practicabie.The letter from
your consultant dated May 25, 2006, indicates that all practicable alternatives have
been explored and found not feasible. However, it appears that sand filters would be
ideal for this site. I believe that your consultants are under the mistaken impression that
the Division reviews projects based on flood control and getting rid of water as quickly
as possible. The term "Stormwater Management" may be somewhat misleading in that
the management being referred to is actually "treatment". The Division requires
redevelopment projects to provide some type of stormwater treatment, and as
previously indicated, the reduction of BUA at the site is only a first step in that process.
® I have attached a copy of the design guidance for sand filters, which can be found in the
Best Management Practices Manual. This manual can be accessed online at
www.h2o.enr.state.nc.us and follow the links to the manual and factsheets page.
® Sealed design calculations for the proposed stormwater treatment.
A signed Operation and Maintenance Plan. I have attached a sand filter maintenance
plan for your convenience.
Please resubmit the permit application package to the address below. Note that the.90-day
statutory permit review time begins upon receipt of a complete application. If you have any
questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
cc: Don Gibbs, P.E., Greenhorne & O'Mara
Linda Lewis
ENB/arl: S:1WQSISTORMWA-RRETURN1051243.jun06
lV n` Carolina
Ntura!!y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterquality.org Fax [phone] t-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 60% Recyded110% Post Consumer Paper

Michael F. Fasley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Privironment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 25, 2006
Stephen C. Austin, Manager
Kelley Austin Properties, LLC
1076 W. 4'h Street, Suite 200
Winston-Salem, NC 27101
Subject: Request for State Stormwater Management Permit Application
Walgreens-Swansboro
Stormwater Project No. SW8051243
Onslow County
Dear Mr. Austin:
On December 28, 2005, the Wilmington Regional Office received a copy of an Erosion 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 May 24, 2006. 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)-796-7215.
Sincerely,
Linda Lewis
Environmental Engineer II
ENB/arl: S:1WQSISTORMWATISTORMSUB1051243dec.05
cc: Onslow County Building Inspections
Donald Gibbs, P.E., Greenhorne & O'Mara Consulting Engineers
Wilmington Regional Office File
Central Files
WthCarolina
,Vaturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1-877-623-6748
Wilmingm Regional Office Wilmington, NC 28405 Fax [phone] Internet: wv<u.acwatcrqualit�.ork
An Equal Opportunity/Aftrmatve Acton Emp"er — 50% Recycled/10% Post Consumer Paper

o�0F WA 7-gp Michael F. Easley, Governor
C William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
-� Alan W. Kiimek, P.E. Director
Division of Water Quality
June 2, 2006
Mike Kelley, Partner
Kelley Austin Properties, LLC
1076 W. 4th Street, Suite 200
Winston-Salem, NC 27101
Project Name: Walgreens - Old Hammock Road Swansboro
County: Onslow County
Project Number: SW8 051243
Dear Mr. Kelley:
Your recent stormwater management permit application and check #1363 for the $420.00
application fee are again being returned because the application lacked the necessary basic
elements to accept it for review. The plans and any other documentation that were submitted
have been discarded or recycled, as appropriate. Please address the following noted
deficiencies and provide the requested information:
® Per Section .1003 (d) (3) (B), redevelopment projects must meet the requirements of
this section [of the stormwater rules] to the maximum extent practicable.The letter from
your consultant dated May 25, 2006, indicates that all practicable alternatives have
been Explored and found not feasible. However, it appears that sand filters would be
ideal for this site. I believe that your consultants are under the mistaken impression that
the Division reviews projects based on flood control and getting rid of water as quickly
as possible. The term "Stormwater Management" may be somewhat misleading in that
the management being referred to is actually "treatment". The Division requires
redevelopment projects to provide some type of stormwater treatment, and as
previously indicated, the reduction of BUA at the site is only a first step in that process.
® I have attached a copy of the design guidance for sand filters, which can be found in the
Best Management Practices Manual. This manual can be accessed online at .
www.h2o.enr.state.nc.us and follow the links to the manual and factsheets page.
® Sealed design calculations for the proposed stormwater treatment.
A signed Operation and Maintenance Plan. I have attached a sand filter maintenance
plan for your convenience.
Please resubmit the permit application package to the address below. Note that the 90-day
statutory permit review time begins upon receipt of a complete application. If you have any
questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental
Engineer
cc: Don Gibbs, P.E., Greenhorne & O'Mara
Linda Lewis
ENBlarl: S:1WQSISTORMWATIRETURN1051243.jun06 O
No"` Carolina
,Naturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Cuscomer Service
Wilmington Regional Office Internet: www.newaterquality.or9 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

GREENHORNE & O'MARA
CONSULTING ENGINEERS
May 25, 2006
OVERNIGHT
Ms. Linda Lewis, Environmental Engineer
North Carolina Department of Environment and Natural Resources -
127 Cardinal Dr Ld�
Wilmington, NC 28405-3845 MAY I
RE: SW8 051243
Walgreens- Old Hammock Road
Swansboro, North Carolina
Dear Linda:
Please see attached the storm water permit application and review fee check for $ 420 for plan amendment
approval to the existing developed site. Following up on your letter dated May 24, 2006 regarding the plan
amendment request approval for the existing developed site with a new proposed Walgreens store Jn
Swansboro, NC. Our storm water design for the redevelopment project was to determine a suitable
stormwater management measure for the proposed site based upon the existing conditions of the site.
Please note the following investigation and constraints controlling the proposed storm water design of the
redevelopment project.
I. High groundwater levels found in the soils investigation eliminated the ability to use high
density measures such as infiltration basins and infiltration trenches. The groundwater was
found to be at or within 1-2 feet of the existing grade. Please see attached the existing soils
investigation for the proposed project.
2. Grade constraints required us to tie into the adjacent property and adjacent surfaces at the
existing grade due to shared access drives.
3. The existing site drains directly into the state storm water drainage system with no stormwater
management provisions.
4. Set aside 7,415 SF of additional pervious area for improved conditions from before with the
original development. The existing site includes a Napa Auto Paris store and dry cleaners with
associated asphalt paving and curb and gutter, parking lots across the site providing with
impervious area coverage of 75,794 SF. The proposed Walgreens, site decreased the
impervious area with landscape islands throughout the proposed parking areas decreasing the
impervious area of the existing site to 68,379 SF and thus reduces storm water runoff.
5. Underground storm water drainage lines adjacent to the site has adequate capacity to handle
the existing runoff.
6. Could not use pervious pavement due to seasonal high groundwater table which would bubble
thru the pavement holding surface water.
Based upon the constraints controlling final design we eliminated the practicable use of detention ponds,
infiltration basins, and infiltration measures. The best suitable storm water management measure was
reducing the total runoff from the site and tie into the storm water system rather than high density measures
5565 Centerview Drive Suite 107. Raleigh, NC 27606
Phone [phone] •tax 919 851 8393
www.G-and-O.com

1076 W. 4th Street
Suite 100
Winston Salem, NC 27101
336.724.1133
Fax [phone]
May 26, 2006
Ms. Linda Lewis, Environmental Engineer
North Carolina Department of Environment and Natural Resources
127 Cardinal Dr
Wilmington, NC 28405-3845
RE: SW8 051243
Walgreens- Old hammock Road
Swansboro, North Carolina
Dear Linda:
221 Elmwood Drive
Greensboro, NC 27408
336.379.7720
Fax [phone]
Please accept this letter as confirmation that the undersigned (T. Michael Kelley), together with Stephen C.
Austin, are the two owners (members) and two managers of Kelley Austin Properties, LLC
Sincerely yours,
KELLEY AUSTIN PROPERTIES, LLC
T. Michael Kelley
Manager
NPGB01:702731.1-RD-(MBURNHAM) 999999-99999
DEVELOPMENT LEASING MANAGEMENT

Ms. Linda Lewis
May 25, 2006
Page 2
noted in your letter which will not work with the low plasticity clays that we have. Reduction of surface
runoff is a good storm water management this proposed site thus reducing the current flow into the state
storm drainage system. We have applied and received an encroachment agreement to make this tie with the
reduced runoff from our new improved conditions on site. We propose to continue to handle storm water
with reduced runoff thru the off site storm drainage system currently handling the existing site with our
reduced runoff flows.
No high density supplement form was included or operations and maintenance plan as the storm water is
handled within a closed system.
We are including the soils report for your review and use. Please see attached the letter noting that Mr.
Mike Kelley is a manager and member with the LLC for your use.
Sincerely yours,
GREE RNE & O'MARA, INC.
Donald Gibbs, Jr, PE
Senior Project Manager

�OF WATF90 Michael F. Easley, Governor
`O G. William G. Ross Jr., Secretary
rNorth Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 24, 2006
Mike Kelley, Member/Manager
Kelley Austin Properties, LLC
1076 W. 4th Street, Suite 200
Winston-Salem, NC 27101
Project Name: Walgreens - Old Hammock Road Swansboro
County: Onslow County
Project Number: SW$ 051243
Dear Mr. Kelley:
Your recent stormwater management permit application and check #1363 for the $420.00
application fee are being returned because the application lacked the necessary basic
elements to accept it for review. The plans and any other documentation that were submitted
have been discarded or recycled, as appropriate. Please address the following noted
deficiencies and provide the requested information:
® Per Section .1003 (d) (3) (B), redevelopment projects must meet the requirements of
this section [of the stormwater rules] to the maximum extent practicable. Prior to
permitting this project, some type of suitable stormwater management measure must be
proposed. Reduction of impervious areas is a first step, however certain high density
measures are reasonable and practicable for use at this site.
® A completed and signed appropriate high density supplement form, March, 1999
version or higher. Available for wet detention ponds, infiltration basins, and infiltration
trenches.
Sealed design calculations for the proposed stormwater treatment.
A signed Operation and Maintenance Plan (part of the supplement form).
A soils report with Seasonal High Water Table elevation, soil type, and expected
infiltration rate for all infiltration projects.
® The Secretary of State Corporations Database lists your title as a Member/Manager of
the LLC, not a partner. Please be accurate when completing the application. Misleading
or incorrect information will void the permit.
Please resubmit the permit application package to the address below. Note that the 90-day
statutory permit review time begins upon receipt of a complete application. If you have any
questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
cc: Don Gibbs, P.E., Greenhorne & O'Mara
Linda Lewis
ENBlarl: S:IWQSISTORMWATIRETURN1051243.may06
Noy` Carolina
�tu 171!y
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.newatcrguality.ore Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% Post Consumer Paper

12/13/2005 17:09
9198518393
GREENHORNE $ O'MARA
PAGE 06/09
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT .APPLICATION FORM
This form may be photocopicd for VSr. as an orlginal
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc, who owns the project):
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
f✓111 C ;rat ' �/e v ,`' r r
r
3. Mailing Address for person listed in item 2 above:
City: State:_ A) Zip: 71 LEI
Telephone Number: 3L `~7 -2c
4: Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenane" reements, e[0:
5. Location of Project (street address):
City: J'. •(-1 U County
6. Directions to project (from nearest major tntersection):
7, Latitude: L' f ;` '� Longitude:3� f l " t ` 7 of project
S. Contact person who can answer questions about the project:
Name: �__ = �:- tti (�Y I b r; Telephone Number: (�`�_ �. 7 !
II. PERMIT INFORMATION:
i- Specify whether project is (check one): New
Renewal --Modification
Form SVdU-101 Vcrsian 3.99 Puke 1 of a

12/13/2005 17:09 9198518393 GREENHORNE & O'MARA PAGE 07/09
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number , and its issue date (if known)
3. Specify the type of project (check one):
Low Density High Density Redevelop � General Permit Other
4. Additional Project Requirements (check applicable blanks):
�CAMA.Major Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1.877-623-6748.
III. PROJECT INFORMATION
I. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project _
L; jf. Y :f'• ^Ilr"c , rS sN%l/ 7—J
.is- -Il l•+ r�,'r �. .
2. Storrawater runoff from this project drains to theRiver basin-
3. Total Project Area: ` J 4 acres 4. Project Built Upon Area: CIO 96
5. How many drainage areas does the project have? I
6. Complete the following Information for each drainage area_ If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Inforixsation ' T : r:•
Draanage:Asrla 1;;; F
a I]rairiage Area:2
Receiving 5tream Name.
Receiving Stream Class
kk .
Drainage Area
j . -7 L-
F-xisting Impervious` Area
"' c 4
Proposed Impervious"Area
% Impervious* Area (total)
�+ z
Ii4ervious�.Suifa'
ainage Area 1 ::.:: •,•:
. , ..: T]rain3ge:Ai e3 2. : ;".:.' ::"
On -site Buildings
On -site Streets
tr c G
On -site Parking
41 �
do -site 51dewalks
c�
Other on -site
Off -site
Total: �S _5F
Total:
Impervious area is de fined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SNVU-101 Vcrsion 3.99 FaSe 2 of

12/13/2005 17:09 9198518393 GREENHORNE & O'MARA PAGE 08/09
7. How was the off -site impervious area listed above derived? —_
TV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following itallcized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment.
J. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality, These covenants may not be
changed or deleted without the consent of the $tare.
Z. No more than square feet of any lot shall be covered by srructures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface ofswimmingpools.
3. Swales shall rant be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modh7cation prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system_ These connections to the storm water control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and. protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the 5tormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form 5WU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form 5WU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Fom3 SWU-101 version 199 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ),
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
€nitials.l
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
Development/Project name
- Engineer and firm
-Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm):
Mailing Address:
City: State: Zip:
Phone: ( } Fax: ( )
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item Z) ±V L� > �correcL
certify that the information included on this permit application for o t e best of my know
that the project wi�lbe c cted i onforrna�witproved plans, that the required deed restrictions
and protective cavnts will 6e reco ded, and posed project complies with the requirements of 15A
NCAC 2H .1000.
11
Date:
Form S%1,L1-l01 Version 3.99 Paee 4 of 4

KELLEY AUSTIN PROPERTIES, LLC
PH. 336-724-1133
1076 W 4TH STREET SUITE 200
WINSTON SALEM, NC 27101
#� .PAY
TO THE
ORDER OF
,7 4 _
FOR
Sank of The Carolinas
"
1363
66-1225/531
DATE �v
_DOLLARS o. a�-
w

Page 1 of 1
North Carolina
Elaine F. Marshall DEPARTMENT OF THE
Secretary SECRETARY of STATE
Corporations
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PO Box 29622 Raleigh, NC 27626-0622 [phone]
Date: 5/23/2006
Click here to:
View Document Filings I
Print apre-populated Annual Report Form I Annual Report Count I Fil
an Annual Report I
Corporation Names
Name Name Type
NC Kelley Austin Legal
Properties, LLC
NC Kelley -Austin Properties, Prev Legal
LLC
Limited Liability Company Information
SOSI D:
0682655
Status:
Current -Active
Date Formed:
7/11 /2003
Citizenship:
Domestic
State of Inc.:
NC
Duration:
Perpetual
Registered Agent
Agent Name:
Registered Office Address
Registered Mailing
Address:
Principal Office Address
Principals Mailing Address:
Burnham, Margaret S.
701 Green Valley Rd., Ste. 100
Greensboro NC 27408
PO Box 3463
Greensboro NC 27402
1076 West Fourth Street, Suite 200
Winston Salem NC 27101
1076 West Fourth Street, Suite 200
Winston Salem NC 27101
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=5666625 5/23/2006

oE�^R?are�,r
LIMITED LIABILITY COMPANY
ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: Kelley Austin Properties, LLC
STATE OF INCORPORATION: NC
SOSI D: 0682655
Date Filed: 4/12/2006 5:09 PM
Elaine F. Marshall
North Carolina Secretary of State
SECRETARY OF STATE L.L.C. ID NUMBER: 0682655 FEDERAL EMPLOYER ID NUMBER: 364535294
NATURE OF BUSINESS: Commercial Developer
REGISTI:RI D AGENT: Burnham, Margaret S.
REGISTERED OFFICE MAILING ADDRESS: PO Box 3463
Greensboro, NC 27402
REGISTERED OFFICE STREET ADDRESS: 701 Green Iralley Rd., Ste. 100
Greensboro, NC 27408 County: Guilford
PRINCIPAL OFFICE TELEPHONE NUMBER: 3367241133
PRINCIPAL OFFICE MAILING ADDRESS: 1076 West Fourth Street, Suite 200
Winston Salem, NC 27101
PRINCIPAL OFFICE STREET ADDRESS: 1076 West Fourth Street, Suite 200
Winston Salem, NC 27101
MANAGI;RS/NE MBERS/ORGANIZERS:
TiVichael Kelley Stephen C Austin
Title: Manager/member Title: Manager/member
1076 lVest Fourth Street, Suite 200 1076 West Fourth Street, Suite 200
Winston Salem, NC 27101 JFinston Salem, NC 27101
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLEI'I D BY ALL LIMITED LIABILITY COMPANIES
T Michael Kelley
FORM MUST BE SIGNED BY A MANAGERIMEMBER
`I' Michael Kelley
4/ 12l2006
DATE
Manager/Member
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE: E•Paid Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525

Greenhorne
&
O'Mara,
Inc.
5565 CENTERVIEW DRIVE, SUITE 107, RALEIGH, NC 27606 PHONE: [phone] FAX: [phone]
Letter of Transmittal
NCDWQ
DATE: 5/1/2005 IJOB
NO: 140164
127 Cardinal Drive Extension
RE: Wal reens
Wilmington, NC 28405
Hwy 24
Swansboro, NC
ATTENTION: Permit Coordinator
Fx ATTACHED
CALCULATIONS
X BLUEPRINTS
FLOPPY DISKS
MYLARSISEPIAS
WE ARE SENDING YOU THE FOLLOWING ITEMS:
❑ UNDER SEPARATE COVER
SPECIFICATIONS
COPY OF
COPY OF LETTER
C "OC
VIA: Q REGULAR MAIL 0 OVERNIGHT MAIL 0 BY HAND 0 PICKUP 0 MESSENGER
COPIES I DATE or NO.
DESCRIPTION
2
Civil Plans
2
Stormwater Manaagement permit Appl.
1
Calcuiations
1
Review check fee
X FOR APPROVAL
X FOR REVIEW
FOR YOUR USE
AS REQUESTED BY:
REMARKS:
Cameron,
THESE ARE TRANSMITTED AS CHECKED BELOW:
AS APPROVED BY:
AS SUBMITTED FOR APPROVAL TO:
PLEASE RETURN TO US AFTER USING
Please find enclosed the stormwater management permit application for approval. ^
Thanks,
iF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT O
CC: Mike Kelley
SIGNED:
Dorfald E. Gibbs, Jr. P.E.
Senior Project Engineer
ANNAPOLIS, MD ATLANTA, GA BALTIMORE, MD DULUTH, GA FAIRFAX, VA FREDERICKSBURG, VA GREENBELT, MD
MECHANICSBURG, PA ORLANDO, FL RALEIGH, NC ROCKVILLE, MD TAMPA, FL WALDORF, MD WEST PALM BEACH, FL
g:lgenadminlgenstafflforms\DWQtransmittal form.xis

Greenhorne & O'Mara, Inc. STORM SEWER COMPUTATION SHEET
IQ YEAR STORM -JUST FULL
1Q YEAR HYDRAULIC CHECK
LOCATION: SwAnshoz% N
Calc d by: RL.Q JOB NO. 140290 Date: 12l12105
PROJECT: }8[aWmens - Swaosbor% NC STREET:
Manning's W for hydraulc slope:
min. acceptable cover (ft):
Pipe thickness for cover talc. (in):
FORM BASED ON U.S. DEPT OF COMMERCE, TP NO. 25.
0.0130
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0.50
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RUN
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Futur
acre
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Flow t
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0.11
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4.74
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0.17
0.37
0.4
5.9
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2.59
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STOR Mcalcs.x IS

GREENHORNE & O'MARA
CONSULTING ENGINEERS
April 28, 2006
Mr. Cameron Weaver
North Carolina Department of Environment and Natural Resources
127 Cardinal Dr
Wilmington, NC 28405-3845
RE: Request for Express Permit Review'
Walgreens- Swansboro
Swansboro, North Carolina
Dear Cameron:
�1
VIA OVERNIGI-IT
Following up our conversation this morning please see attached the letter of receipt for stormwater
Management Permit Application for Stormwater Project Number SW8051243 for the proposed Walgreens
store in Swansboro, NC. Please see attached the vicinity map, existing site plan, proposed site plan , and
grading plan for the proposed project. We have attached the letter of approval for the erosion and
sedimentation control plan, and storm water calculations for your use.
The existing site includes a Napa Auto Parts store and dry cleaners with associated asphalt paving and curb
and gutter, parking lots across the site providing an impervious area coverage of 75,794 Sr. The proposed
Walgreens site decreases the impervious area with landscape islands throughout the proposed parking areas
decreasing the impervious area of the existing site to 68,379 SF. No additional stormwater management
devices are proposed since sheet flow runoff is handled off site thru storm drainage pipes and because the
post -construction impervious area is less the pre -construction impervious area thus negating the need for
stormwater management measures beyond catch basins and drop inlets. Silt fence has been added to
prevent sediment from leaving the site. We propose to continue to handle the reduced runoff thru the off
site storm drainage system.
At your earliest convenience -please review and notify us of how to proceed with the Stormwater
Management permit for modification or plan amendment request.
Sincerely yours,
GREENII E & O'MARA, INC.
Donald Gibbs, Jr, PE
Senior Project Manager
5565 Centcrview Drive Suite 107 + Raleigh, NC 27606
Phone [phone] • Fax [phone]
www.G-and-O.com

A
NCDENR
North Carolina Department of Environment and Natural Resources
127 Cardinal Drive, Wilmington NC 28405 [phone] FAX [phone]
Request for Express Permit Review
FILL-IN all information below and CHECK required Permit(s).
FAX or email to Cameron. Weaver Dncmail.net along with a narrative and vicinity map of the project location.
Projects must be submitted by 9:00 A.M. of the review date, unless prior arrangements are made.
APPLICANT Name_ _)jELLE /—r` l,,, n�Les ; LLL n4,e2__
Company
Address IQ-7t, W L4, S-I Suva- zao City/State A✓CZip z-7/01 County
Phone -3'3e_-7zLF—I f 3'3 Faxc,- Email 15�,/;�Iry zcc, . X
PROJECT NameyV4,&'ne
PROJECT SYSTEM(S) TRIBUTARY TO
ENGINEER/CONSULTANT
Company _
(STREAM NAME) RIVER BASIN
Address S5 5 6 City/State L Zip Z%aL County LA --A,—
Phone!�Vq S-32-731Z Email�4�ez—
State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑ Yes K No
❑ STREAM ORIGIN Determination; # of stream calls; Stream Name
KSTORMWATER ❑ Low Density ❑ High Density -Detention Pond ❑ High Density -Other
Wetlands MUST be addressed below X Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site
----------------------------------------------- -------- -------------------------------------------------------------------------------------------------------------------
❑ COASTAL ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
MANAGEMENT ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
---------------------------------------------------------------------------------------------------------------------_---------------------------------------------------
LAND QUALITY ❑Erosion and Sedimentation Control Plan with f�'- acres to be disturbed. Cf�rWlI -
--------------o-------------------------------------------------------------„------------„------- ----------------------------------------------------_
WETLANDS (401) Wetlands on Property ❑ Yes XNo Isolated Wetlands on Property ❑ yes gNo
Check all that apply Wetlands Will Be Impacted ❑ Yes X No Wetland Impacts; Acre(s)
Wetlands Delineation has been completed ❑ �❑ Yes Buffers Impacted: Acre(s)
USA COE Approval of Delineation completed ❑ Yes No
404 Application in process wlUSACOE ❑Yes ®No I Permit received from USACE ❑Yes ❑No
401 Application required ❑Yes ❑Y, No If Yes, ❑ Regular ❑ Express
Additional fees, not to exceed 50% of the original Express Review permit application fee, may be charged for
subsequent reviews due to the insufficiency of the permit applications.
For DENR use only
SUBMITTAL DATES: Fee Split for multiple permits:
SW $
CAMA $
LQS $
401 $ Total Fee Amount $

STORE #10436
KELLEY AUSTIN PROPERTIES, LLC
(NWC) HWY 24 AND OLD HAMMOCK ROAD �i• i
SWANSBORO, NORTH CAROLINA PRNOT FOE TFO R RY
CONSTRUCTION
DECEMBER 14, 2005
OZ
CIVIL ENGINEERING SHEET INDEX zz i
IIMWItt"R[ tT ,Y'1 IM x.aLGnp. D< sueec .•P ro weC rY+.l+ - ~ F
SHEET TITLE SHEET # m
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GPTtiL*Dq �4 MM'!rir` D"y �`�� �*•� •��P`£bl, �L _ f DEMOLITION PLAN C-1.0 a s
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SITE PLAN C-2.0
5 !([ a�p.rLDl"yL bu.gce r0• bxnwx nn":ns .qb LxRlbO. +w
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a s ..L nitw r br [I/Y• ro r.cc a cw. Lgx61 S' UTILITY PLAN C4.0
,. sLav: wLrw. ,.,. raw say.c .r h sort. LANDSCAPE PLAN L-1.0
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4 r. 26. 2006 3: 01 PM
KtLLELYUSi 3 PPOPEH IH; LLC
uo.2232 P. 2
Mich=! F. emky, Governor
April 25, 2006
Stephen G. Austin, Manager
Kelley Austin Properties, LLC
1076 W. 4"' Street, Suite 200
Winston-Salem, NC 27101
William G. Ross Jr.. Sccrtary
North Ca:oiira Deparestent of Environment and Natural Resources
Alan W. Klimek P.E. Wwor
Division of 'Watcr Quality
Subject; Request for Mate Stormwater Management Permit Application
Walgreens—S ransbvro
Stormwater Project, -No. SW806 i243
onalow Country .
Dear Mr. Austin:
On December 28, 2005, the Wilmington Regional Orrice received a copy of an Erosion Control
Plan for the subject project. The north Carolina Administrative Code requires any project that
must receive either Sadirnes station and Erasio-n Control Plan approval andfor a CAMA Major
permit to apply for and receive a Stormwater Managament 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 Storr€ water 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 submittai date must be received in this Office no later
than May 24: 2006_ Failure to respond to this request may result in the initiation of enforcement
action, and constructions may experience a subsequent delay.
The NPDES 010000 Federal Stormwater Permit that accornpanies the Erasion Control Plan
approval letter must NOT be considered the Coastal Stormwater Management Permit, which
will be signed by the Wager Quality. Supervisor. Please reference the Project Number above
on all correspond nee. if you nave any questions, please call me at (910)-796-7215.
Sincerely,
Linda Lewis
Environmental Engineer li
ENB/ad: S:1WQS`tS , ORIYWAi1S i QRMS �B10 1240dec.05
M. Onslow County Building Inspections
Donald Gibbs; RE_, Greenhome & O'Mara Consulting Engineers
Wilmington Regional' Office Fife
Central Files
_
VCaro .
urayo
North Carolina Division of W= Qualiry 127 Cardinai Drive x%nsion Phonc [phone] Customer Servitc 1-877-623-6748
ikniagton Regional Qfficc Wil ingmu NC 28405 FM [phone] Tnt=et: www.ncwaterquality.o
An Egjal C runVAffimmtke Ao�cn Er,191Eo%,w— 5715 RwpOI VA Past CO3i€urw Paper

3 s �e� �s� � y �� ��a o e§>•� €�,", a gx� � $�� �� ��������� 34 ��� 9� �a �'� �F_ � � s� � R>sA
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PROPOSED WALGREENS STORE N 10436 n wt I PY @ § CREENHORNE & OWARA �d
KELLEY AUSfIN PROPERTIES, LLC z z � 4 CONSULTING ENGINEERS � O mp -----"'---" '-"-' '
HWY 24 AND OLD HAMMOCK ROAD 5s CL 1E411EW LvKSLATE 107 -I
? SWANSBOR0 NORTH CAROLINA � '•"'��" n p
j N19IM1.1919 FAX 019, a5l 41191
p i p
DEMOLITION PLAN °" 0 < ,

Greenhorne s O'Mara, Inc. STORM SEWER COMPUTATION SHEET
jQ YEAR STORM -JUST FULL
1Q YEAR HYDRAULIC CHECK
LOCATION: Swansbor�2, NC
Calc'd by: RLD JOB NO. 140290 Date: 12l12105
PROJECT: Walareens - Swansboro. NC STREET:
Manning's W far hydraulc slope:
min. acceptable cover (ft):
Pipe thickness for cover Gale. (in):
FORM BASED ON U.S. DEPT OF COMMERCE, TP NO. 25.
0.0130
1.50
0.50
1 ofl
Struc. No.
RUN
Surface
Future
acre
C
CA
E CA
Flow t
Time
1 Q
I Q
Dia
L
Pipes.
Sloe
H d.S.
V
CAP.
90% Full
IE
IE
H d.
H.G.
TE UP
CVR
TE LOW
CVR
acre
rain.
min.
10 YEAR
10 YEAR
in.
it.
%
Check
%
fps
cfs
check
u er
lower
delta
ft
ft
CHK
ft
CHK
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0.12=
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0.90
0.11
0.11
5.0
7.22
0.78
7,22
0,78
15 �
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0,54
OK
0.01
3.86
4.74
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0.01
#REF?
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XXX
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XXX
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! 29:65'>
. ?29.10r_
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#REF?
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0.17
0.37
0.4
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2.59
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0.58
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0.16
4A1
4.92
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3.42
6.91
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0.57
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XXX
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0.59
0.7
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0.62
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4.71
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29.20
31z:80' -
OK
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XXX
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0.41
0.7
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
.lames D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
January 11, 2006
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Kelley Austin Properties, LLC
Stephen C. Austin, Manager
1076 W. 4th Street, Ste. 200
Winston-Salem, NC 27101
RE: Project Name: Walgreens-Swansboro Acres Approved: rxProject iD: Onslo-2006-197County/Town/Street: Onslow, Swansboro, NC 24River Basin: White Oak `d'ED
Submitted By: Greenhorne & O'Mara Consuding Engineer ;
Date Received by LQS: December 22, 2005 -
Plan Type: NEW
Dear Mr. Austin:
rn
This office has reviewed the subject erosion and sedimentation control plan and hereby
issues this Letter of Approval with Modifications and Performance Reservations. A list of the
modifications and reservations is attached. This plan approval shall expire three (3) years
following the date of approval, if no land -disturbing activity has been undertaken, as is required
by Title 15A NCAC 4B .0129. Should the plan not perform adequately, a revised plan will be
required (G.S. 113A-54.1)(b).
Please be advised that Title 15A NCAC 4B.0118(a) requires that a copy of the approved
erosion control plan be on file at the job site. Also, you should consider this letter to give the
Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance
with the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance -oriented,
requiring protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control plan is
inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and
implementation of the revisions to insure compliance with the Act.
Wilmington Regional Office
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 - Phone- 910-796-72151 FAX: [phone] E'
. J

n
;h
Letter of Approval with Modifications and Performance Reservations
Stephen C. Austin
January 11, 2006
Page 2 of 4
Acceptance and approval of this plan is conditioned upon your compliance with Federal
and State water quality laws, regulations, and rules. In addition, local city or county ordinances
or rules may also apply to this land -disturbing activity. This approval does not supersede any
other permit or approval.
Please be aware that your project will be covered by the enclosed NPDES General
Stormwater Permit NCG01000 (Construction Activities). You should first become familiar with
all of the requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information provided
in the Financial Responsibility Form, which you have provided. You are requested to file an
amended form if there is any change in the information included on the form. In addition, it
would be helpful if you notify this office of the proposed starting date for this project. Please
notify us if you plan to have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
Carol Miller
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Modifications and Performance Reservations
NPDES Permit
cc: Donald Gibbs, Greenhorne & O'Mara Consulting Engineers
LQS-WiRO

in
N9
Letter of Approval with Modifications and Performance Reservations
Stephen C. Austin
January 11, 2006
Page 3 of 4
NIODIF1CATIONS AND PERFORMANCE RESERVATIONS
Project Name: Wal reens-Swansboro
Project ID: Onslo-2006-197
County: Onslow
This plan approval shall expire three (3) years following the date of approval, if no land
disturbing activity has been undertaken, as is required by Title 15A NCAC 413.0029.
2. The developer is responsible for the control of sediment on -site. If the approved erosion and
sedimentation control measures prove insufficient, the developer must take those additional steps
necessary to stop sediment from leaving this site. Each sediment storage device must be
inspected after each storm event. Maintenance and/or clean out is necessary anytime the device
is at 50% capacity.
3. Any and all existing ditches on this project site are assumed to be left undisturbed by the
proposed development unless otherwise noted. The removal of vegetation within any existing
ditch or channel is prohibited unless the ditch or channel is to be regraded with side slopes of 2
horizontal to 1 vertical or less steep. Bank slopes may be mowed, but stripping of vegetation is
considered new earthwork and is subject to the same erosion control requirements as new
ditches.
4. The developer is responsible for obtaining any and all permits and approvals necessary for the
development of this project prior to the commencement of this Iand disturbing activity. This
could include agencies such as the Division of Water Quality's stormwater regulations, their
enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of
Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal
Management's CAMA requirements, the Division of Solid Waste Management's landfill
regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers
jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that
may be required. This approval cannot supersede any other permit or approval; however, in the
case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to
wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation
Pollution Control Act.
5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the
developer is responsible for compliance with the requirements of the Division of Water Quality,
the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any
erosion control measures that fall within jurisdictional wetland areas must be approved by the
aforementioned agencies prior to installation. The Land Quality Section must be notified of a
relocation of the measures in question to the transition point between the wetlands and the
uplands to assure that the migration of sediment will not occur. If that relocation presents a
problem or contradicts any requirements of either DWQ, the Corps, or the EPA, it is the
responsibility of the developer to inform the Land Quality Section regional office so that an

Letter of Approval with Modifications and Performance Reservations
Stephen C. Austin
January 11, 2006
Page 4 of 4
adequate contingency plan can be made to assure sufficient erosion control remains on site.
Failure to do so will be considered a violation of this approval.
6. Any borrow material brought onto this site must be from a legally operated mine or other
approved source. A single use borrow site or an area to waste material is only permissible if it is
operated under the total control of the Financially Responsible person or firm who is developing
this site and has been separately permitted and incorporated as part of this plan meeting all the
requirements of NC General Statue 74-49(7)f.
7. This permit allows for a land disturbance, as called for on the application plan, not to exceed
1.7 acres. Exceeding that acreage will be a violation of this permit and would require a
revised plan and additional application fee. Any addition in impervious surface, over that
already noted on the approved plan, would also require a revised plan to verify the
appropriateness of the erosion control measures and stormwater retention measures.
8. The construction detail for the proposed silt fence requires reinforcing wire and posts a
maximum of 8 feet apart. Omission of the reinforcing wire is a construction change that
necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater
than 6 feet apart.
9. A graveled construction entrance must be located at each point of access and egress available to
construction vehicles during the grading and construction phases of this project. Access and
egress from the project site at a point without a graveled entrance will be considered a violation
of this approval. Routine maintenance of the entrances is critical.
10. The North Carolina Sedimentation Pollution Control Act mandates a shortened time frame in
which to re-establish vegetative groundcover. Slopes (including cuts, fills, and ditch banks) left
exposed will, within 21calendar days after completion of any phase of grading, be planted or
otherwise provided with groundcover sufficient to permanently restrain erosion.

Change permit number
Subject: Change permit number
From: [e-mail]
Date: Mon, 24 Apr 2006 10:38:42 -0400 (EDT)
To: [e-mail]
Ticket: 11632
Status: CLOSED
username: beverly_rivenbark
RequestType: SOFTWARE
ProblemType: BIMS
Detail: Please change SW8061201 to the be the last
permit number for 2005.
Resolution: Changed permit SW8061201 to SW8051243 as the
last SW6 permit number for 2005.
HandledBy: walt_scheper
1 of 1 4/24/2006 11:20 AM

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A
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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
December 27, 2005
LETTER OF RECEIPT OF EROSION CONTROL PLAN
Kelley Austin Properties, LLC
Stephen C. Austin, Manager
1076 W. 4th Street, Ste. 200
Winston-Salem, NC 27101
RE: Project Name: Walgreens-Swansboro
Project IDS onslo2006197
County: Onslow
River Basin; White Oak
Submitted By: Greenhorne & O'Mara Consutting Engineers
Date Received by LQS: December 22, 2005
Plan Type: NEW
Dear Stephen C. Austin:
+A�
DEC 2 8 2005
D9Q, V3
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 prigr 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.
We have performed a preliminary review of your submitted plan and have determined that additional
information will be necessary before a final review can be completed. Enclosed is a checklist of items that
must be submitted before we can complete the review process. Failure to provide the additional information
may result in disapproval of your plan.
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,
Dante€ Sams, PE, ME
Regional Engineer
Land Quality Section
cc: Donald Gibbs, Greenhorne & O'Mara Consulting Engineers
LQS-WiRO; SWS-WIRO
Wilmington Regional Office
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: [phone] FAX: [phone]

I.♦
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
LAND QUALITY SECTION
EROSION and SEDIMENTATION CONTROL PLAN PRELIMINARY REVIEW CHECKLIST
PROJECT NAME W ALC,ZEiWS - S4*0-%'Sga`2a DATE: Lim ZZ zoc, 6
PROJECT NO.: 01111156o- ZC-C�(.-t 97 - _- _COUNTY: 0r44L 4i4) _
To expedite the approval process, a cursory review of your submitted Erosion and Sediment Control Plan application has been
made and has shown the need for additional information as specified below. To meet our review schedule, any additional
information should be received by this office no later than J� Zae4 . Failure to meet this schedule may result in
disapproval of your plan.
The following items shall be incorporated with respect to specific site conditions, in an erosion & sediment control plan:
LOCATION INFORMATION
Project #ocation (roads, streets, landmarks)
North arrow and scale
GENERAL SITE FEATURES Plan elements
Legend: Borth arrow, scale, etc.
Property lines
Existing contours (topographic lines)
Proposed contours
Limits of disturbed area (provide acreage total,
delineate limits, and label)
Planned and existing building locations and elevations
Planned & existing road locations & elevations
Lot and/or building numbers
Geologic features: rock outcrops, seeps, springs,
wetland and their limits, streams, lakes, ponds, dams,
etc,
Easements and drainageways
Profiles of streets, utilities, ditchlines, etc.
Stockpiled topsoil or subsoil locations
If the same person conducts the land -disturbing activity & any
related borrow or waste activity, the related borrow or waste
activity shall constitute part of the land -disturbing activity unless the
borrow or waste activity is regulated under the Mining Act of 1971,
or is a landfill regulated by the Division of Waste Management. If
the land -disturbing activity and any related Morrow or waste activity
are not conducted by the same person, they shall be considered
separate land -disturbing activities and must be permitted either
thru the Sedimentation Pollution Control Act as a one -use borrow
site or through the Mining Act.
Required Army Corps 404 permit and Water Quality 401
certification (e.g. slream disturbances over 150 finew feet)
EROSION CONTROL MEASURES (on Dtan)
Legend
--, f Location of temporary measures
Location of permanent measures
Construction drawings and details for
temporary and permanent measures
Maintenance requirements of measures
Contact person responsible for maintenance
SITE DRAINAGE FEATURES
Existing and planned drainage patterns (include off -
site areas that drain through project)
Method of determination of and calculations for
Acreage of land being disturbed
Size and location of culverts and sewers
Soil information: type, special characteristics
Soil information below culvert storm outlets
Name and classification of receiving water course or
name of municipal operator (only where stormwater
discharges are to occur)
Comments:
STORMWATER CALCULATIONS
Pre -construction runoff calculations for each outlet
from the site (at peak discharge points)
Design calculations for peak discharges of runoff
(including the construction phase & the final runoff
coefficients of the site)
Design talcs of culverts and storm sewers
Discharge and velocity calculations for open channel
and ditch flows (easement & right-of-ways)
Design talcs of cross sections and method of
stabilization of existing and planned channels (include
temporary linings)
Design talcs and construction details of energy
dissipators below culvert and storm sewer outlets
(diameters & apron dimensions)
i'L Design talcs and dimension of sediment basins
—� Surface area and settling efficiency information for
proposed sediment traps and/or basins
VEGETATIVE STABILIZATION
' Area & acreage to be vegetatively stabilized
2C Method of soil preparation
X Seed type & rates (temporary & permanent)
Fertilizer type and rates
C Mulch type and rates
NOTE: Plan should include provisions for groundcover on
exposed slopes within 21 calendar days following
completion of any phase of grading; permanent
groundcover for all disturbed areas within 21
calendar days following completion of
construction or development.
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
Completed, signed & notarized FRIO Form
Accurate application fee ($50.00 per acre rounded up
the next acre with no ceiling amount)
Certificate of assumed name, if the owner is a
partnership
Name of Registered Agent (if applicable)
_ Copy of the most current Deed for the site
NOTE: For the Express Permitting Option, inquire at the
local Regional Office for availability.
NARRATIVE AND CONSTRUCTION SEQUENCE
x Narrative describing the nature & purpose of the
construction activity
Construction sequence related to erosion and
sediment control (including installation of critical
measures prior to the initiation of the land -disturbing
activity & removal of measures after areas they serve
are permanently stabilized)
Bid specifications related only to erosion control

" 2/13/2005 17:09
9198518393
GREENHORNE & O'MARA
PAGE 06/09
OFFIC&USE ONLY:`.
l7)ate Received
Fee Paid
Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for usr as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
2. Print Owner/Signing OtTicial's name and title (nerson legally responsible for facility and compliance):
�-
3. Mailing Address for person listed in item 2 above:
v
City: Z'1/i-y_ 74. 1 �c�['r~► State: ILJ� Zip: _-Z�%IZJ/
'telephone Number: L3 36 - /—/ 33 -
4. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans,
specifications, letters, operation and maintenal:,�ments, etc.):
5. Location of Project (street address):
City:
i-0�
6. Directions to project (from nearest major intersection):
&:
County:►.,..lzil-i -
n
7. Latitude: `` Li : } 75- �� �� Longitude: ?:s ?4 `� Z r f Z • 02 7 of project
S. Contact person who can answer questions about the project-
Name:— _ Telephone Number: (qL4 5 2 — 7 3 1 Z
IL PERMIT INFORMATION:
1. Specify whether project is (check one): New Renewal _Modification
Form SWU-101 Version 3.99 Pr1cc 1 rf4

12/13/2005 17:09 9198518393 GREENHORNS & O'MARA PAGE 07/09
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number - and its issue date (if known}
3. Specify the type of project (check one):
Low density Nigh Density Redevelop General Permit Other
4, Additional Projpr-t Requirements (check applicable blanks):
�CAMA.Major Sedimentation/Erosion Control �404/401 Permit _NPDES stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-6Z3-6748.
III. PROJECT INFORMATION
1, In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two vapzes) describiniz stormwater manap-ement for the project.
1r t.-< r-cJU s
Z. stormwater runoff from this project drains to the , l .Ci /J �Cet 141'TCoc'_IRiver basin_
3. Total Project Area: -1 acres 4. Project Built Upon Area: 0 %
5. How many drainage areas does the project have? I
6. Complete the following information for each drainage area If there are more than two drainage areas In the
project, attach an additional sheet with the information for each area provided in the same format as below.
BasSn.Informaiitiri`.:: ,
:.......
Drainage Area 1
A
DFaina�;e Area Z'.
Receiving Stream Blame
Receiving Stream Class
Drainage Area
. 1
Existing Impervious` Area
E
Proposed Impervious'Area
^ ­7el Sr'
Impervious* Area (total)
„
irripervious , .surface Area r :.:.:.
:_, . Drainage A lea13rainage'Airea
•2 .=
On -site Buildings
i L4 490
On -site Streets
C)
On -site Parking
l-7, 4.1
On -site Sidewalks
•5<S0
Other on -Site
0A
Off -site
NIA
Total: S 3'7 5
Total:
Impervious area is defined as the built upon area including, but nor limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3,99 Page 2 of 4

1'2/13/2005 17:09 9198518393 GREENHORNE & O'MARA PAGE 08/09
7. How was the off -site impervious area listed above derived?�
TV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following it deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development phor to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment.
The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped. or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and. protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on ail parties and persons
claiming under them, that they will run with the land. that the required covenants cannot be changed or deleted
without concurrence from,the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted .far each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supp#ement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-106
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Vcrsion 3.99 Page 3 of

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form J
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR) {/
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
Development/Project name
Engineer and firm
-Legend
North arrow
Scale
Revision number & date
Mean high water line
Dimensioned property/project boundary
Location map with named streets or NCSR numbers
Original contours, proposed contours, spot elevations, finished floor elevations
Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm):
Mailing Address:
City: State: Zip:
Phone: ( ) _ Fax: (
V1II. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) �
certify that the information included on this permit application for o t e best of my knowle e, correct and
that the project will be c cted i onforrnance with proved plans, that the required deed restrictions
and protective cove nts will be reco ded, and e proposed project complies with the requirements of 15A
NCAC 2H .1000.
Signature:
Date:
Form SWU-101 Version 3.99 Page 4 of 4