SW8020502_Historical File_20021018

Michael F. Easley, Governor
0:� 9
M,
Mr. Randy M. Schilsky, Owner
445-A Western Blvd.
Jacksonville, NC 28540
Dear Mr. Schilsky:
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
October 18, 2002
Subject: Permit No. SW8 020502
Schilsky Chiropractic Center
High Density Stormwater Project
Onslow County
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Schilsky Chiropractic Center on October 7, 2002. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 020502
dated October 18, 2002, for the construction of Schilsky Chiropractic Center.
This permit shall be effective from the date of issuance until October 18, 2012, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to the
Operation and Maintenance requirements in this permit. Failure to establish an adequate system
for operation and maintenance of the stormwater management system will result in future
compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this
permit shall be final and binding.
If you have any questions, or need- additional information concerning this matter, please contact
Noelle Lutheran, or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/nml: S:\WQS\STORMWAT\PERMIT\020502.00T
cc: Dave Newsom, P.E.
Jacksonville Building Inspections
Division of Coastal Management
Noelle Lutheran
Wilmington Regional Office
Central Files
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] CuAi
stomer Service
8004M3-7748

State Stormwater Management Systems '
Permit No. SW8 020502
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
Mr. Randy M. Schilsky, Owner
Schilsky Chiropractic Center
Onslo* County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit.
This permit shall be effective from the date of issuance until October 18, 2012, 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 on page 3 of this permit, the Project Data Sheet. The stormwater control has
been designed to handle the runoff from 327,524 square feet of impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of this
permit, and per approved plans. The built -upon area for the future development is limited
to 202,475.
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. A permit modification must be
submitted and approved prior to the construction of additional built -upon area from
outside of the approved drainage area.
2

State Stormwater Management Systems
Permit No. SW8 020502
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
Mr. Randy M. Schilsky, Owner
Schilsky Chiropractic Center
Onslow County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the
approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit.
This permit shall be effective from the date of issuance until October 18, 2012, and shall be
subject to the following specified conditions and limitations:
L 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 on page 3 of this permit, the Project Data Sheet. The stormwater control has
been designed to handle the runoff from 327,524 square feet of impervious area.
3. The tract will be limited to the amount of built -upon area indicated on page 3 of this
permit, and per approved plans. The built -upon area for the future development is limited
to 202,475.
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. A permit modification must be
submitted and approved prior to the construction of additional built -upon area from
outside of the approved drainage area.
7

State Stormwater Management Systems
Permit No. SW8 020502
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name:
Shilsky Chiropractic Center
Permit Number:
SW8 020502
Location:
Onslow County
Applicant:
Mr. Randy M. Schilsky, Owner
Mailing Address:
Mr. Randy M. Schilsky, Owner
445-A Western Blvd.
Jacksonville, NC 28540
Application Date:
October 7, 2002
Receiving Stream/River Basin/Index #:
White Oak / UT to Mill Creek / 19-9
Classification of Water Body:
"C NSW"
Pond Depth, feet:
6
Drainage Area, acres:
9.63
Offsite Area entering Pond, ftz:
58,669
Total Impervious Surfaces, ftz:
327,524
Buildings, ftz:
11,492
Streets, ftz:
23,609
Parking, ftz:
24039
Sidewalks, ftz:
7,240
Future, ftz:
202,475
Off Site, ftz:
58,669
Permanent Pool Elevation, FMSL:
37
Required Surface Area, ftz:
18,728 @Permanent Pool
Provided Surface Area, ftz:
18,896 @Permanent Pool
Required Storage Volume, fi':
26,314
Provided Storage Volume, W:
27,000
Temporary Storage Elevation, FMSL:
38.3
Controlling Orifice:
2.0"cp pipe
3

State Stormwater Management Systems
Permit No. SW8 020502
II. SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in it's entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to assure
the permitted stormwater system functions at optimum efficiency. The approved
Operation and Maintenance Plan must be followed in its entirety and maintenance must
occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device, flow spreader,
catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
5. Decorative spray fountains will not be allowed in the stormwater treatment system.
6. The facilities shall be constructed as shown on the approved plans. This permit shall
become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data.
7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications
must be noted on the Certification. A modification may be required for those deviations.
8. If the stormwater system was used as an Erosion Control device, it must be restored to
design condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility.
9. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to any item shown on the approved plans, including the stormwater
management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage
area.
e. Further subdivision, acquisition, or sale of 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.
4

State Stormwater Management Systems
Permit No. SW8 020502
10. The permittee shall submit final site layout and grading plans for any permitted future
areas shown on the approved plans, prior to construction. If the proposed BUA exceeds
the amount permitted under this permit, a modification to the permit must be submitted
and approved prior to construction.
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. Prior to the sale or lease of any portion of the property, the permittee shall notify DWQ
and provide the name, mailing address and phone number of the purchaser or leasee. An
access/maintenance easement to the stormwater facilities shall be granted in favor of the
permittee if access to the stormwater facilities will be restricted by the sale or lease of any
portion of the property.
13. The permittee must maintain compliance with the proposed built -upon area and ensure
that the runoff from all the built -upon is directed into the permitted system.
14. 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. In the event there is a desire for the facilities to change
ownership, or there is a name change of the Permittee, a formal permit request must be
submitted to the Division of Water Quality accompanied by an application fee,
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. Responsibility for compliance with all permit conditions remains with
the Permittee until such time as the Division approves the formal permit request.
2. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement
stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property during normal business
hours for the purpose of inspecting all components of the permitted stormwater
management facility.
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.
5

State Stormwater Management Systems
Permit No. SW8 020502
8. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
9. The permittee shall notify the Division any name, ownership or mailing address changes
within 30 days.
Permit issued this the 18th day of October, 2002.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
x� A t � Q�
Alan W. Klimek, P.E., irec or
Division of Water Quality
By Authority of the Environmental Management Commission
0

OFECEMSE.ON Y
Date Received
Fee Paid
Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STOI?IMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION -
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Randy
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Randy M. Schilsky, Own d
3. Mailing Address for person listed in item 2 above:
445-A Western Blvd.
City. Jacksonville State: Nr. Zip: 22540
Telephone Number: ( q1 n ) 1/17 4n11
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Schilsky Chiropractic Center
5. Location of Project (street address):
}o�- Dopin Drive
h
City: Jackson. 11 e County: 0ns3m.x
6. Directions to project (from nearest major intersection):
from intersection of US Hi hwa 17 & NC Highway 24 in Jacksonville,North on US Highway 17
approximately 1.40 miles to NCSR 14 0 Western Blvd.), ten West on Western B vd. approx.
CL1CtrCT�-arr rzc[r ii.r p
7. Latitude: '17 °/,7' 9" Longitude: - 77 ° 74:141 " of project
8. Contact person who can answer questions about the project:
Name: John L. Pierce & Associates P.A. Telephone Number: ( 910 ) 346-9800
IL PERMTI' INFORMATION:
1. Specify whether project is (check one): XX New Renewal Modification
Form SWU-101 Version 3.99 Pape 1 of 4

,%Tut numoer L,i ..,.... y ...
j the type of project (check one):
,—Low Density XX High Density Redevelop General Permit Other
Additional Project Requirements (check applicable blanks):
_LAMA Major YY Sedimentation/Erosion Control _404/4-01 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6745.
III. PROJECT INFORMATION -
1. 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.
Stormwater will be collected and treated in a wet detentti nn -nnnrl -
? Stoanwater runoff from this project drains to the Whi_ to Oak (New Ri ver) River basin.
3. Total Project Area:77 1 A f acres 4. Project Built Upon Area:__+. '.
5. How many drainage areas does the project have? 1 NAI
6. Complete the following information for each drainage area. If there are more than two drainage areas in
project, attach an additional sheet with the information for each area provided in the same format as below.
Receiving Stream Name
UT to Mill Creek
Receiving Stream Class
C-NSW
Drainage Area
9.63 acres
Existing Im ervious' Area
5F
Pro osed im ervious'Area
% Impervious* Area (total)
On -site Buildings
11, 492 s . f .
On -site Streets
23 60
On -site Parking
24.039 s . f .
On -site SidewaLks
I 7 I
Other on -site Future
Off -site I
Total:
Total:
*Impervious area is dened as the built upon area including; but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
(/) Rt --.w8 d / o5 z"Z_ i G/7'/ 7V�
Form SWU-101 Version 3.99 Page 2 of 4

•7. How was the off -site impervious area listed above derived? N/A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized 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.
1. 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 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
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 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-101 Version 3.99 Page 3 of 4

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
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stcrmwater 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)
V1L 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): John L. Pierce & Associates P.A.
Mailing Address: P.O. Box 1685
City: Jacksonville State: NC Zip: 28540
Phone: ( ()1 n A 146-9800 Fax: ( 910 ) 346-1210
VIIL APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) Randy M. Schilsky
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
Date: v G
Form SWU-101 Version 3.99 Page 4 of 4

�JOHN L. PIERCE & ASSOCIATES, P.A.
Land Surveying - Land Planning - Mapping
P.O. Box 1685
409 Johnson Blvd.
Jacksonville, N.C. 28541
Office: [phone] Fax No.: [phone]
E-Mail: [e-mail]
TO Ms. Noelle Lutheran
N.C. Department of Environment
and NaturalResources
127 Nor 1h Cqrdinal Dri P
Wilmington, NC 28405
WE ARE SENDING YOU
❑ Drawings ❑ Attached ❑
❑ Copy of Letter ❑ Prints ❑
❑ Change order ❑
� r
OC- �} s
letter of transmittal
DATE JOB NO.
October 4 2002
ATTToeffie Lutheran
RE
Schilsky Chiropractic Center
Under separate cover via
Plans ❑ Samples
the following items:
❑ Specifications
COPIES
DATE
NUMBER
DESCRIPTION
2
Co ies o revised "Drainage Area SuWlement Plan"
1
Revised h a lication and Drainage calculations
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ For review and comment
❑ For bids due
0 Prints returned after loan to us
El
REMARKS
IW"rmozz,

It
Design Calculations `
Stormwater Treatment Facilities AL
for 148
Schilsky Subdivision - Section II
located off s® °ja000°°pO�
Western Boulevard - Jacksonville, N.C. 6,09emo9Fir'
I. PROJECT DESCRIPTION
The project consist of a commercial building and associated sitework on a 9.63 acre tract located on Western
Boulevard approximately 1,200' northwest of the intersection of Western Boulevard and Henderson Drive in
Jacksonville, N.C. Proposed construction will include a new building, parking lot and sidewalks.
2. COMPUTE POND AREA REQUIRED
a. Compute Percent Impervious:
Impervious Areas:
On -Site Buildings
On -Site Streets
On -Site Parking
On -Site Sidewalks
Other on -site
Off -site
Sub -Total
FUTURE
Total
Total Area Drainage to Pond:
Percent Impervious =
b. Compute Pond Surface Area
Existing
Proposed
Total
11,492 SF
23,609 SF
ID
24,M
24,039 SF
0
T.M
7,240 SF
0
58,669
58,669
66,380
125,049 SF
202,475 SF
58,669
268,855
327,524 SF
SF
0.780 or 78.0
%
Using Surface Area to Drainage Area Ratio Chart for 90% TSS Removal (copy attached) and
assuming. Moot pond depth:
SA/DA = % (interpolated)
Therefore:

Surface Area = SA/DA x Drainage Area
18,728 SF say . SF
C. Compute Minimum Pond Dimensions
Assume rectangular shape with 3:1 Length (L) to Width (W) Ratio:
Length = 238.09 feet
Width = 79.36 feet
Site conditions, however, dictate:
Length = #04feet
so, Width (aw 65.0 feet
Actual L/W = 4.6
3. DETERMINE VOLUME TO BE CONTROLLED FROM 1" STORM
Using Schuler "Simple Method":
Rv = 0.05 + 0.009(I) where I = percent impervious
Rv = 0.752 in/in
Control Volume = Design Rainfall x Rv x Drainage Area
Control Volume = 26,314 CF
4. DETERMINE REQUIRED STORAGE DEPTH
Assume: 3:1 side slopes
solving for depth (d) by trial & error:
d = 1.29
5. DETERMINE ORIFICE SIZE
...... ........... .
say CF
Control Volume must be drawn down over a 2 day - 5 day period.
Using orifice equation, solve for Diameter (D) that results in 3-1/2 day period:
D = (Q 10.026 (h).$).s
Where: Q = (Control Volume / 3.5 days x 86,400 sec/day)
0.089 cfs
h= d12

= 0.65
Solving for D:
D = 2.07 Use 2.00 " pipe
Actual Drawdown with actual drawdown pipe diameter (using orifice equation):
Q= 0.084 cfs
Draw Down Period = 3.74 days OK, < 5.0
S. SELECT OUTLET STRUCTURE DIAMETER
Size outlet structure such that depth of Q10 flow <1.0 feet:
Using Rational Formula (Q=CIA) where:
Cimper =
Cpery = E
Ccum = 0.7
110 : in/hr
A = 9.64 ac
Q10 = 41.86 cfs
Assuming 1/2 circumference is used as weir and using
Francis Formula (0=3.331-1-11'6) to solve for L such that H = 1.0:
L = 12.57 Feet
Use 60 inch diameter outlet structure
7. DETERMINE 010 STAGE
Q10 = 41.86 cfs
Using Francis Formula (Q=3.33LH") solve for H:
H 10 = 1.37 feet
8. DETERMINE 0100 STAGE (ELEV. OF EMERGENCY SPILLWAY)
Using Rational Formula (Q=CIA) where:
Ccum = 0.67
1100
A = 9.64 ac
0100 = 54.73

Using Francis Formula (Q=3.33LH''5) solve for H:
H 100 = 1.64 feet
S. DETERMINE 0100 STAGE OVER EMERGENCY SPILLWAY (TOP BERM ELEV.)
Assume primary spillway blocked (i.e., emergency spillway to accommodate Q100)
Emergency spillway shall be a broad crested earthem weir designed to pass 100 year storm.
Using broad crested weir equation H = (QICw x L)t3
where: Q = Q100 54.73 cfs
Cw = 3.0
Length = #. feet
H = 0.59 feet
10. FOREBAY SIZING
Size forebay to include approx. 20% of total volume:
Total Pond Volume:
Area @ Normal Surface: 19,533 SF
Area @ bottom Shelf: 12,623 SF
Area @ pond bottom: 4,836 SF
Approx. Total Volume = 64,622 CF (using average end method)
Desired Forebay Volume =
Actual Forebay Volume:
Area @ Normal Surface: SF
Area @ pond bottom: 14tSF
Actual Forebay Volume = 16,927 CF
11. SUMMARY
Pond Dimensions:
Length = 65.00
Width = 300.50
Pond Elevations:
Top Berm (minimum)
H= 0.59
100-Yr. Flood
12,924 CF
(using average end method)
Relative Actual
9.52 40.52
8.93 39.93 (emerg. weir elev)

H100 = 1.64
10-Yr. Flood 8_66 39.66
H10 = 1.37
1-inch Storage
storage depth = 1.29
Permanent Pool
pond depth = 6
Pond Bottom
7.29 38.29 (primary weir elev)
6.00 37.00 (invert out elev)
0 � M"W"

■ ■ 10/ 02/ 2002 13: 42
to
P O. Box 1685
Jacksonville, NC 28541
DATE:
910-346-1210
JOHN L PIERCE
JOHN L. PIERCE & ASSOCIATES, P.A.
LAND SURVEYING - LAND PLANNING - MAPPING
OFFICE: 910-346-9800
FAX NO.: 910-346-1210
E-MAIL: jpierce®onslowonfine,net
FAX NO. [phone]
TO:
FROM: '
f
NUMBER OF COPIES INCLUDING THIS PAGE
REMARKS::' �A
PAGE 01
409 Johnson Blvd.
Jacksonville, N.C. 28540
LOTS, FARMLAND AND WOODLAND SURVEYING - SITE PLANNING - SUBDIVISION LAYOUT - LAND DEVELOPMENT PLANNING
CONSTRUCTION SURVEYING - TOPOGRAPHIC SURVEYING AND MAPPING
Phase I Environmental Audit / Risk Assessment

10/02/200.2 13:42 910-346-1210 JOHN L PIERCE PAGE 04
Design Calculations
Stormwater Treatment Facilities
for
Schiisky Subdivision - Section II
located off
Western Boulevard - Jacksonville, N.C.
I. PROJECT DESCRIPTION
The project consist of a commercial building and associated sitework on a 9.63 acre tract located on Western
Boulevard approximately 1,200' northwest of the intersection of Western Boulevard and Henderson Drive in
Jacksonville, N.C. Proposed construction will include a new building, parking lot and sidewalks.
2. COMPUTE POND AREA REQUIRED
a. Compute Percent Impervious:
Impervious Areas:
On -Site Buildings
On -Site Streets
On -Site Parking
On -Site Sidewalks
Other on -site
Off -site
Sub -Total
FUTURE
Total
Total Area Drainage to Pond:
Percent Impervious =
b. Compute Pond Surface Area
58,669 268,855
0,780 or 78.0 %
Total
11,492 SF
23,609 SF
24,039 SF
7,240 SF
0
58,669
125,049 SF
202,475 SF
327,524 SF
Using Surface Area to Drainage Area Ratio Chart for 90% TSS Removal (copy attached) and
assuming '.v ,i foot pond depth:
SAIDA = fffi % (interpolated)
Therefore:

10/02/2002 13:42 910-346-1210 JOHN L PIERCE PAGE 05
Surface Area = SAfDA x Drainage Area
= 18,728 SF
c. Compute Minimum Pond Dimensions
Assume rectangular shape with 3:1 Length (L) to Width (W) Ratio:
Length = 238.09 feet
Width = 79.36 feet
Site conditions, however, dictate:
Length - feet
so, Width (evl 65,0 feet
Actual LAN = 4.6
3. DETERMINE VOLUME TO BE CONTROLLED FROM 1" STORM
Using Schuler "Simple Method":
Rv = 0.05 + 0.009(I) where I = percent impervious
Rv = 0.752 in/in
Control Volume = Design Rainfall x Rv x Drainage Area
Control Volume = 26,314 CIF
4. DETERMINE REQUIRED STORAGE DEPTH
Assume: 3:1 side slopes
solving for depth (d) by trial & error:
d = 1.29
5. DETERMINE ORIFICE SIZE
say CF
Control Volume must be drawn down over a 2 day - 5 day period.
Using orifice equation, solve for Diameter (D) that results in 3-1/2 day period:
D = (Q 10.026 (h)s)-s
Where: Q = (Control Volume 1 3,5 days x 86,400 sec/day)
0.089 cfs
h= d/2

10/02/2002 13:42
910-346-1210
JOHN L PIERCE
PAGE 06
= 0.85
Solving for D:
D = 2.07 Use 2.00 " pipe
Actual Drawdown with actual drawdown pipe diameter (using orifice equation)-
Q= 0.084 cis
Draw Down Period = 3.74 days OK, < 5.0
S. SELECT OUTLET STRUCTURE DIAMETER
Size outlet structure such that depth of 010 flow <1.0 feet:
Using Rational Formula (Q=CIA) where:
Cimper =
Cpery
Ccum = 0.7
in/hr
A = 9.64 ac
Q 10 = 41.85 cis
Assuming 1/2 circumference is used as weir and using
Francis Formula (Q=3,33LH'-r) to solve for L such that H = 1.0:
L = 12.57 Feet
Use 60 inch diameter outlet structure
7. DETERMINE 010 STAGE
Q 10 = 41.86 cis
Using Francis Formula (Q=3.33LH'a) solve for H:
H 10 = 1.37 feet
S. DETERMINE Q100 STAGE (ELEV. OF EMERGENCY SPILLWAY)
Using Rational Formula (Q=CIA) where:
Ccum = 0.67
1100 = ' in/hr
A = 9.64 ac
Q 100 = 54.73
1

10/02/2002 13:42 910-346-1210 JOHN L PIERCE
PAGE 07
Using Francis Formula (Q=3.33LH''6) solve for H:
H100 = 1.64 feet
9. (DETERMINE 0100 STAGE OVER EMERGENCY SPILLWAY (TOP BERM ELEV.)
Assume primary spillway blocked (i.e., emergency spillway to accommodate Q100)
Emergency spillway shall be a broad crested earthem weir designed to pass 100 year storm.
Using broad crested weir equation H = (Q/Cw x L)23
where: Q = Q100 64.73 cfs
Cw = 3.0
Length = . ` ... � .. feet
H = 0.59 feet
10. FOREBAY SIZING
Size forebay to include approx. 20% of total volume:
Total Pond d Volume:
Area @ Normal Surface: 19,533 SF
Area @ bottom Shelf: 12,623 SF
Area @ pond bottom: 4,836 SF
Approx. Total Volume = 64,622 CF (using average end method)
Desired Forebay Volume = 12,924 CF
Actual Forebay Volume
Area Normal Surface: a?``
Area pond bottom SF
Actual Forebay Volume = 15,927 CF
11. SUMMARY
Pond Dimensions:
Length = 65.00
Width 300.50
Pond Elevations:
Top Berm (minimum)
H= 0, 59
100-Yr. Flood
(using average and method)
Native Actual
9.52 40.52
8.93 39.93 (emerg. weir elev)

10/02/2002 13:42 910-346-1210 JOHN L PIERCE PAGE 08
H100 = 1.64
10-Yr. Flood
H10 1.37
1-inch Storage
stomge depth 1.29
Permanent Pool
Pond depth = 6
Pond Bottom
8.66 39.66
7_20 38.29 (primary weir eiev)
6.00 37.00 (invert out elev)

JOHN L. PIERCE & ASSOCIATES, P.A.
LAND SURVEYING -LAND PLANNING - MAPPING
h",
CIVIL ENGINEERING
P.O. Box 1685
409 Johnson Blvd.
Jacksonville, NC 28541
Office: [phone] Fax No.: [phone]
E-Mail: [e-mail]
To Ms. Linda Lewis
N.C. Department of Environment
and Natural Resources
Wilmin2tnn_ NC 98409 -
WE ARE SENDING YOU
❑ DRAWINGS ❑ ATTACHED
❑ COPY OF LETTER ❑ PRINTS
❑ CHANGE ORDER
letter of transmittal
DATE JOB NO.
August 15, 2003
ATTENTION
Ms. Linda Lewis
Schilsk Chiro ractic Center
Permit No. SW8 020502
❑ UNDER SEPARATE COVER VIA
THE FOLLOWING ITEMS:
❑ PLANS ❑ SAMPLES ❑ SPECIFICATIONS
COPIES
DATE
NUMBER
DESCRIPTION
1
„ "
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
Approved as submitted
Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
Submit copies for distribution
Return corrected prints
❑ For review and comment
❑ For bids due
❑ Prints returned after loan to us
t NGI �y
SIGNED

Schilsky...
Subject: Schilsky...
Date: Fri, 12 Jul 2002 11:01:02 -0400
From: Noelle Lutheran <[e-mail]>
To: [e-mail]
Dave,
Let me throw some questions at you concerning this project and see if we
can clear a few things up before you call. You give me a site area of
9.63 acres. Is this the area shown on the drainage area supplement? If
so, we need to clearly define the project area with a boundary line and
label the areas of future construction. Are these future areas going to
be sold as outparcels? You show drainage area "H" as.filled. Is there a
permit from the Corps for this fill? And the existing SW pond? It
looks like you are eventually going to tie the runoff from the bank into
the new pond? How are you accounting for this? As future area?
Offsite area? And could you please give me the design surface area or
the temp. pool surface area. My figures are telling me you don't have
enough volume, but it is hard to measure on a odd shaped pond. Thanks.
Noelle
Noelle Lutheran <[e-mail]>
1 of 1 7/12/2002 11:02 AM

07/12/2002 13:56 910-346-1210 JOHN L PIERCE
%0A
MEMORANDUM
To: Noelle Lutheran
-'10
From: David K Newsom
— . Vd
John L. Pierce & Associates
Date: 7/12/02
Subject: Schilsky Stormwater Permit
PAGE 01
Sorry for not returning you call as promised. I do appreciate your July 12 email in which
you pose several questions: Our responses to each of your questions are as follows:
➢ Total area of Dr. Schilsky's tract is 24.98 acres. Developments plans for the
entire tract are unknown at this time, however, due to topography, several 'ponds
will be required if the entire tract is ultimately developed. Under the current
application, we wish to permit only one pond that will serve only a portion (1
.� draina basin) of the entire tract. In the permit application, I have indicated the
d project area a=remainder
however, if you prefer, I can show project area as 24.98
w as a separate drainage area(s) — this however would
seem to complicate future permitting. Please advise as to which is preferable. In
short, Dr. Schilsky asked us to design a pond with sufficient reserve capacity to
accommodate any future development scenario.
r> Dr. Schilsky's immediate development plans include only a 1..03 Ac office site
and associated roadways (1.52 Ac. total impervious). The proposed development
is obviously high density and, realizing this, Dr. Schilsky wishes to construct a
single pond which can accommodate the immediate project + all future tributary
area_ Schilsky identified the area he wished to use for storrnwater treatment and
instructed us to design a pond that would address his immediate needs + provide
for future development (including possible abandonment of the existing First
Citizens pond). Based upon topography, it appears that the area Dr. Schilsky
C) r the and must ultimatel accommodate 9.6
velopmen are 3 acres of drainage area. If
you would like, I can clearly label n th
future e Stormwater Plan the planned as well as
When development plans for those "future development areas" are more
concrete, we will likely divide the tract into additional parcels and submit permit
modifications for the additional parcels and associated impervious areas.
�/➢ Drainage area. H has been filled. COE has issued a fill permit for this work and
additional fill permits are pending on adjacent tract.

07/12/2002 13:56
910-346-1210 JOHN L PIERCE PAGE 02
The existing stormwater pond was permitted under First Citizens Bank & Trust (I
do not have the permit number available). ,As mentioned above, Schilsky wishes
to have the oplion (may never happen, however) to divert flow from this existing
pond to the new pond. The figure of 261,144 sf listed in the supplement includes
impervious area on the bank site. I did not designate this area as "existing" on the
supplement as this would suggest this flow was planned to go to new pond now.
I measure surface area at normal pool = .18,896 sf. I measure surface area at
Pstorage elevation = 21,572 sf Using average end method and a depth of 1.29
yields, 26,102 cf whi
,� of is s i tiv, less than required control volume
of 26,314. f You wish I can increase storalte depth to 1.31-to insure aXPmin—ta`
temp. storage volume.

JOHN L. PIERCE & ASSOCIATES, P.A.
Land Surveying - Land Planning - Mapping
P.O. Box 1685
409 Johnson Blvd.
Jacksonville, N.C. 28541
Office: [phone] Fax No.: [phone]
E-Mail: [e-mail]
TO Ms. Linda Lewis
N.C.Deppaartment of Environment
and NaResources
127 North Cardinal Drive
Wilmington, NC 28405
WE ARE SENDING YOU .
❑ Drawings ❑ Attached ❑
❑ Copy of Letter ❑ Prints ❑
❑ Change order ❑
I
1p
�,
DATE JOB NO.
April q 9
ATTENTION
Ms. Linda Lewis
RE Schilsky Chiropratic Center
Under separate cover via
Plans ❑ Samples
lIL
ritr it.
LIMAY 11 ,,2 rill
the following items:
❑ Specifications
COPIES
DATE
NUMBER
DESCRIPTION
2
Sets of plans
2
"Stormwater Management Permit Application Forms"
1
Check in the amount of four hundred twenty dollars($420.00
Sets of "Design Calculations for Stormwater"
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ For your use
❑ As requested
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ For review and comment
❑ For bids due
❑ Prints returned after loan to us
ED
REMARKS Should 3rnu neind nn3i additional
information to grant apprdval, please let
us know.

Hier 08 01 02:17p Whitley Jenkins a Riddle [phone]
sent By; Gaylor, Edwards & Vatcher; 910 455 0117; Apr-9.01 2:50PM; Page 2/2
P-2
GAYLOR, EDWARm & VATCMR
orncs:
jlmtAy R GnYLUH AmRNFYs At LAN
.19 NF.w DRjocr STRF,FT
J. DaWryEawARns,JR, 11,05ror-RCEDn% 1057
WALTEII W. VArcitre
TZLEPHONG:
I-RroNViLLA, WORTH LARnuNA
[phone]
2U41.1057
FAX:
[phone]
April 9, 2001
Robert E. Whitley. Esquire
Whitley, Jenkins & Riddle
2902-8 North Herrltage Street
Kinston, NC 28503
VIA FACSIMILE: [phone]
Re: Purchase Agreement dated June 16, 2000 between Randy M. Schilsky and wife,
Suezan Schilsky, Seller, and WJR PROPERTIES, LLC, Purchaser, (the "Purchase
Agreement")
Property description: Lots 2 and 2A, Map Book 40, Page 70. Onslow County
Registry (the "Property')
Dear Bob:
It is my understanding that under the terms of the Purchase Agreement, as
amended, that the 35,000.00 Deposit should be paid to Randy and Suezan Schilsky since
the Purchaser's decision not to purchase the Property was made after the expiration of
the Feasibility Period, as extended.
Please confirm your consent to the payment of the Deposit to the Schilsky's by
signing a copy of this letter and returning it to me via facsimile.
If there is any dispute as to the Seller's entitlement to the Deposit, please contact
me.
Sincerely,
J. Dewey Edw s, Jr.
cc: Randy Schilsky
We acknowledge the Seller's entitlement to payment of the $5,000.00 Deposit
under the terms of the Purchase Agreement.
WJR P P TIES, LLC
By:
Robert E. Whitley

WhiUey,Jenkins -ddle
1128 Gum Branch Road
Post Office Box 7070
Jacksonville, North Carolina 28540-7070
[phone]
Fax: [phone]
J. Christopher Brantley
Charles R. Hardee
G. Wayne Hardee
Eugene G.Jenkins
Franklin D. Pope
Gene A. Riddle
Michael J. Rizzi
Robert E. Whitley
Robert E. Whitley, Jr.
Mr. J. Dewey Edwards, Jr.
Gaylor, Edwards & Vatcher
P. O. Box 1057.
Jacksonville, NC 28541-1057
Re: Western Boulevard Property
Dear Dewey:
2902-B North Herritage Street
Post Office Box 5309
Kinston, North Carolina 28503-5309
[phone]
Fax: [phone]
www.mdrlaw.net
March 14, 2001
601 North Spence Avenue
Post Office Box 11050
Goldsboro, North Carolina 27532-1050
[phone]
Fax:[phone]
701 McCarthy Boulevard
Post Office Box 14825
New Bern, North Carolina 28561-4825
[phone]
Fax: [phone]
202 E. Arlington Blvd., Suite W
Post Office Box 924
Greenville, North Carolina 27835
[phone]
Fax: [phone]
All of the partners of our firm were finally able to meet last night to specifically
discuss the Jacksonville property. Regrettably, we do not feel that it is in our best interest
to pursue the purchase of this lot. There are a number of reasons why we reached this
decision and those reasons include: the delay in getting problems raised several months ago
resolved in a timely manner, the continuing increase in cost to us for the purchase, and the
uncertainty that the new Republican administration presents to plaintiffs lawyers.
We regret whatever inconvenience or delay our decision has caused Randy Schilsky
but this is a significant business decision that we very carefully considered.
If you have any questions, please let me know.
Sincerely yours,
WHITLEY, JENKINS & RIDDLE
BY: 4111y
Robert E. Whitley/
REWJsjr

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON :DTSrJrfUCT
Action Id. 200100337
County Onslow
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner:
Telephone No: [phone]
Size and location of project (water body, road name/number, town, etc.) The project site is within a varcel located
on the west lido WgsJern Blvd (SR 1470) iust south of intersection with Henderson Drive (SR 1336) in an
unnamed tributary to Hammonds Creek. J.�eksonville Onslow County. NojVLC4.ralin�
Description of Activity: Authorization to discharge fill material into 0.2 acres of Section 404 wetland$ for be
purpose or constructing a law office building and parking
Applicable Law: ,mac ,_ Section 404 (Clean Water Act, 33 US.C. 1344)
(check all that apply) Section 10 (River and Rubors Act of 1899)
Authorization: Nationwide Permit No. 39
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
In strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404
(if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality
certification from the N.C. Division of Environmental Management, telephone [phone]. For any activity
within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittec of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate
State and local agencies before beginning work:
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date: JanuM 18. 2001
Corps Regulatory Olroial: Mickey T. Sugs _ /!_l `_ „_Telephone No.. [phone]
Expiration bate of Verification: January 18, 2003
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACBED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
C85AW Form 591
RGY1600 July 1905
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CLASSIFICATION
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Mitchell anME T
113 West 3rd St. • Greenville, F.C.:27
1121 South Front St. • Wilmingti '', N.C.
November 30, 2000
Mr. Mickey Sugg
District Engineer
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Dear Mickey;
§ ates, Inc.
UL TANITS
2.75 ;i7 *Fax: [phone]
• 910. .0602 0 Fax: [phone]
The purpose of this letter is for Mitchell & Associates, Inc., representing WJR Properties, to submit an
application for the placement of fill material within approximately 0,20 acres of jurisdictional wetlands on
my client's property, located south of NCSR 1470 near the junction with NCSR 1336, Jacksonville
Township, Onslow County, North Carolina.
The purpose of the proposed fill in wetlands is to facilitate the construction of an office building, asphalt
service area and proposed parking lot. Therc is currently not enough existing high ground available to my
client in order to make a commercial development viable without impacting the wetlands in such a
manner. The wetland area to be impacted consirts of a small wetland seep and stormwater channel.
The applicant has considered alternatives to the placement of fill material in wetlands to accomplish his
project goal, however, -the proposed project is the only practicable alternative available. The wetlands are
located in such a manner as to preclude any alternative other than the placement of fill material within
them in order to provide the minimum amount of area to practicably sustain a commercially -viable retail
development. All proposed fill activity will be stabilized immediately and prevented from affecting any
wetland area outside that indicated on the site plan.
By copy of this corespondence and completed Department of Army Nationwide 39 Permit Request and
attached cover lettfkt I am requesting your consideration of this project and anticipate your concurrence.
Please contact me at'�our convenience should you have any questions or comments. Thank you for your
time and prompt attention.
Sincerely,
Joey Lawler
Mitchell & Associates, Inc.
CI

DEM ID:
DEM ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 39
PRE -CONSTRUCTION NOTIFICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF
2) APPLICATION FOR SECTION 401
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE
AGENCY ADDRESSES SHEET)
1. OWNERS NAME: WX Properties
2. MAILING ADDRESS: Post Office Box 1057
SUBDIVISION: CITY: Jacksonville
STATE: North Carolina ZIP CODE: 28541-1057
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS SHOWN ABOVE):
(7)
5outh of N.C.5.R.1470 (Western Blvd.) west of Hammond e Creek, east of N.C.5.R.1536 (Henderson Drive), Jacksonville,
Onslow Co., NC
3. TELEPHONE NUMBER (HOME) : 5ee Agent
(WORK) : 5ee Agent
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
MITCHELL & A550CIATE5, INC.
ENVIRIONMENTAL CONSULTANTS
113 WE5T 3RD STREET
GREENVILLE. N.C. 27856
[phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Onslow
NEAREST TOWN OR CITY: Jacksonville

SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
South of NC5K 1470, west of Hammond's Creek, east of NC5K 1356, Jacksonville, Onslow Co., NC
6. IMPACTED OR NEAREST STREAM/RIVER: unnamed trlb. of Hammond Creek
RIVER BASIN: White Oak
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)?
IF YES, EXPLAIN: No
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?
No
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY, WHAT IS THE
LAND USE PLAN (LUP) DESIGNATION?
Transitional-
Sa. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT
AND ANY ADDITIONAL INFORMATION (INCLUDE A PHOTOCOPY OF 401 CERTIFICATION):
No
Sb. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN Tim
FUTURE? IF YES, DESCRIBE ANTICIPATED WORK:
No
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
1.38
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS ON PROJECT
0.02

10a. NUMBER OF ACRES OF WETLANDS TO BE IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.02 EXCAVATION: NA
FLOODING: NA
DRAINAGE: NA
OTHER: NA
TOTAL ACRES TO BE IMPACTED: 0.02
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE (FT): NA LENGTH AFTER (FT): NA
WIDTH BEFORE (BASED ON NORMAL HIGH-WATER CONTOURS - FT.): NA
WIDTH AFTER (FT): NA
AVERAGE DEPTH BEFORE (FT): NA
WIDTH AFTER (FT): NA
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (YES TO ALL THAT APPLY):
OPEN CHANNEL RELOCATION: NA PLACEMENT OF PIPE IN CHANNEL: NA
CHANNEL EXCAVATION: NA CONSTRUCTION OF DAM/FLOODING: NA
OTHER: NA
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING THE POND? NA
WHAT IS THE EXPECTED POND SURFACE AREA? NA
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH 8-1/2" X 11" DRAWINGS):
Construction of proposed office building and associated parking facilities. All work done with conventional machinery in a
manner consistent with industry standard.
13. PURPOSE OF PROPOSED WORK:
Construction of office building

14. STA'T& REASONS WHY IT IS BELEIVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
To accomodate moot practicable use of business zone property. All material immediately stabilized and all sediment &
erosion control methods employed.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
SPECIES OR CRITCIAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
OF ANY FEDERALLY LISTED'OR PROSED FOR LISTING ENDANGERED OR THREATEDNED
PROPOSED PROJECT. DATE CONTACTED.
Yes - 12.1.00
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE
AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
Yes - 12.1.00
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
No
A. IF YES DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
No
B. IF. YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
NA
IF ANSWER TO 17B IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, N.C. DEPT.
OF ADMINISTARTION, 116 W. JONES ST., RALEIGH, N.C. 27603-8003
TELEPHONE [phone].

18. THE, FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED FILL MATERIAL
INTO WETLANDS:
A. WETLAND DELINEATION MAP.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS
TO BE IMPACTED BY PROJECT.
C. ALL RELEVANT DATA SHEETS
D. ATTACH COPY OF STORMWATER MANGEMENT PLAN IF REQUIRED.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
511vicultural, retail business and vacant
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Jacksonville municipal newer
G. SIGNED AND DATED AUTHORIZATION LETTER. Tr APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE 20 COASTAL COUNTIES ONLY), A LETTER FROM THE N.C.
DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE N.C. COASTAL MANAGEMENT PROGRAM.
OWNER'S/AGENT'S SI
AGENTS SIGNATURE VALID ONLY IF AUTHORIZATION
LETTER FROM OWNER IS PROVIDED.
11- 30 - Da
DATE

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JIMMY F. GAYLoR
J. DEWzy EDwARDs, JR.
WALTER W. VATCRER
GAYLOR, EDWARDS & VATCHER
ATTORNEYS AT LAW
POST OFFICE Box 1057
JACICSONVILLE. NORTH CAROLINA
28541.1057
November 28, 2000
Mr. Robert Whitley, Esquire
Whitley, Jenkins & Riddle
2902-B North Heritage Street
Kinston, NC 28501
VIA UNITED PARCEL SERVICE
RE: SCHILSKY/W,JR PROPERTIES, LLC
Dear Mr. Whitley:
OFFICZ
219 New BRIDGx STREET
TELEPHONE,
(9101 455.9494
FAX.
4910) 455-0117
Please find enclosed duplicate originals of the Amendment to Purchase
Agreement signed by the Schilskys in regards to the above referenced matter. If
acceptable, please execute as Managing Member of WJR Properties, LLC and return one
signed original to us for our files. If you have any questions, please do not hesitate to
contact Mr. Edwards, Thank you.
Sincerely,
Jeuifer M. Shugart
Secretary for J. Dewey Edwards, Jr.
Enclosures

Nov. 29 00 11:25a Whitley Jenkins & Riddle [phone] p.2
Sent By`:'taylor, Edwards & Vatcher; 910 455 0117; Nov•27.00 2:03PM; Page 2/2
To Whom It May Concern:
The undersigned, Manager of WJR Properties, LLC, a North Carolina limited
liability company, the contract purchaser of the real property described as Lot 2 and Lot
2-A, as shown on a map recorded in Map Book 40, Page 70, in the office of the Register
of Deeds of Onslow County, North Carolina, hereby authorizes Mitchell & Associates,
Inc. and any of their agents or employees, to act on said limited liability company's
behalf in connection with an application for a Nationwide "39" Permit fill permit for the
above described real property.
This 21 st day of November, 2000.
Robert Whitley
Manager of WJR Propertied

NORTH CAROLINA
ONSLOW COUNTY
AMENDMENT TO
PURCHASE AGREEMENT
THIS AMENDMENT TO PURCHASE AGREEMENT is made and entered into this
day of November, 2000, between RANDY SCHILSKY and wife, SUEZAN SCHILSKY,
residents of Onslow County, North Carolina, hereinafter referred to as "Seller" (whether
one or more), and WJR PROPERTIES, LLC, a North Carolina limited liability company, of
Onslow County, North Carolina, hereinafter referred to as "Purchaser";
WITNESSETH:
WHEREAS, Purchaser and Seller did enter into a Purchase Agreement dated June
16, 2000 (the "Purchase Agreement") for the sale and purchase of a tract of land
situated in Jacksonville Township, Onslow County, North Carolina, and more particularly
described as follows:
Being all those tracts described as Lot 2 and Lot 2-A as shown on a map
entitled "Final Plat, Showing Division of Property RANDY SCHILSKY & WIFE,
SUEZEN"dated August 22, 2000, prepared by)ohn L. Pierce & Associates,
P.A., and recorded in Map Book 40, Page 70, Slide K-776, in the office of
the Register of Deeds of Onslow County, North Carolina (the "Land"); and
WHEREAS, the Feasibility Period for Purchaser to determine whether the Land was
suitable for Purchaser's intended purposes expired September 15, 2000 and Purchaser
has been unable to complete all tests and studies necessary to determine whether the
Land is suitable; and
WHEREAS, an approximately 0.2 acre area of the Land has been designated as
"wetlands" as defined under Section 404 of the Clean Water Act set forth in the United
States Code, which area must be filled in order for the Land to be suitable for
Purchaser's intended use; and
WHEREAS, the Seller and Purchaser have mutually agreed to extend the Feasibility
Period for a period ending on February 15, 2001, to enable the Seller to take such
action as may be necessary to obtain a fill permit for the approximately 0.2 acre area of
Land and to enable Purchaser to conduct such other studies as it may deem necessary
to determine the suitability of the Land for Purchaser's intended use;

NOW, THEREFORE, in consideration of the premises and the original
consideration set forth in the Purchase Agreement, the sufficiency of which is hereby
acknowledged, the Seller and Purchaser do hereby agree to modify and aimend the
Purchase Agreement as follows:
1 . Paragraph 6, Feasibility Period is hereby amended such that the Feasibility
Period shall continue for a period ending February 15, 2001. In the event Purchaser
shall determine during the new Feasibility Period that it does not desire to purchase the
Land, Purchaser may void the Purchase Agreement, as hereby amended, by giving
written notice to Seller prior to the expiration of the new Feasibility Period. In the event
Purchaser delivers such notice, the original Deposit shall be returned to Purchaser, and
the Purchase Agreement, as hereby amended, shall be null and void and the parties
shall have no further obligations to each other under the Purchase Agreement or this
Amendment. In the event Purchaser fails to deliver such notice, this provision shall be
waived and the Purchase Agreement, as hereby amended, shall be in full force and
effect.
2. Paragraph 3, Closina is hereby amended such that the purchase and sale
shall be consummated not later than fifteen (15) days following the expiration of the
Feasibility Period.
3. Paragraph 21, Additional Warranties by Seller is hereby modified by
adding a new subparagraph c. as follows:
C. Seller agrees that following Closing, Purchaser shall have a right
and license for the purpose of depositing fill material upon Seller's land adjacent to the
most eastern line of Lot 2 of the Land, including the right of access upon Seller's land,
in connection with Purchaser's construction of its proposed office building.
4. Except as hereby amended and modified, all terms and provisions of the
Purchase Agreement shall remain in full force and effect.
IN.WITNESS WHEREOF, the Purchaser and Seller have duly executed this
Amendment to Purchase Agreement, the day and year first above written.
(SEAL) WJR PROPERTIES, LLC (SEAL)
Randy Schilsky By:
Name: Robert E. Whitley
(SEAL) Title: Managing Member
Suezan Schilsky

Exhibit "B"
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
ROAD CONSTRUCTION ESCROW AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
2000, by and between WJR PROPERTIES, LLC, ("Purchaser"), RANDY M SCHILSKY and
wife, SUEZAN,(a.k.a. SUSAN) SCHILSKY ("Seller", whether one or more) and J. DEWEY
EDWARDS, JR.; ("Escrow Agent").
WITNESSETH:
WHEREAS, Purchaser and Seller did enter into a Purchase Agreement for the
purchase and sale of real property dated , 2000 (the "Sales
Contract") for the purchase and sale of an approximately 1.42 acre tract of land
situated in Jacksonville Township, Onslow County, North Carolina more particularly
described on Exhibit "A" attached hereto (the "Land"); and
WHEREAS, on even date herewith, Seller did sell, transfer and convey and
Purchaser did purchase and accept title to the Land (the "Closing"); and
WHEREAS, under the terms of Section 15 of the Sales Contract, Purchaser
agreed, at Closing, to deposit with an Escrow Agent the sum of $30,000.00
pursuant to the terms of a mutually agreed upon Escrow Agreement; and
WHEREAS, the parties have agreed upon the terms of the Escrow Agreement
and desire to acknowledge their agreement to the terms hereinafter set forth;
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto hereby agree as follows:
1. ESCROW. Purchaser, upon execution of this Escrow Agreement and
pursuant to the terms of the Sales Contract, has paid to Escrow Agent the sum of
$ (the "Road Escrow Fund") to be held in escrow and disbursed by
Escrow Agent pursuant to this Agreement.
2. PURPOSE OF ESCROW. The Sales Contract was specifically contingent
upon the construction of the roadway or street and curb and gutter (the "Road")
to the City of Jacksonville's public street standards for the total 200 linear feet over
the 50 foot Proposed Access Easement situated on the Land within 150 days
following the date of Closing. The mutually agreed upon estimated costs and
expenses for construction of the Road is attached hereto, marked Exhibit "A" (the
"Road Construction Costs").

3. DISBURSEMENTS FROM ESCROW. Disbursements for Road
Construction Costs by Escrow Agent from the Escrow Fund shall be based upon the
percentage of work completed as determined by the project engineer for
construction of the Road, John L. Pierce (the "Project Engineer"). Upon receipt by
Escrow Agent of (a) written notification from the Project Engineer that a certain
percentage of the Road construction has been completed, and (b) appropriate lien
waivers with respect to such construction costs being delivered to Purchaser, the
Escrow Agent shall pay over and deliver to the contractor performing such work
or supplying such materials, that portion of the Escrow Fund. The remaining
balance of the Escrow Fund, if any, shall be paid to Purchaser.
4. RESPONSIBILITIES OF ESCROW AGENT. (a) Escrow Agent shall place the
Escrow Funds in a non -interest bearing trust account and shall make
disbursements in accordance with the terms of this Escrow Agreement; (b) Escrow
Agent may act in reliance upon any writing or instrument or signature which he,
in good faith, believes to be genuine, may assume that any person purporting to
give any writing, notice, advice or instruction in connection with the provisions
hereof has been duly authorized to do so; (c) Escrow Agent's duties hereunder
shall be limited to the safekeeping of the funds deposited with Escrow Agent and
the disbursement of same in accordance with the terms hereof; (d) Escrow Agent
undertakes to perform only said duties as are expressly set forth herein and no
implied duties or obligations shall be read into this Agreement against Escrow
Agent; (e) Purchaser and Seller, jointly and severally, hereby agree to indemnify
Escrow Agent and hold him harmless from any and all claims, liabilities, losses,
actions, suits or proceedings at law or in equity, or any other expense, fees or
charges of any character or nature, which he may incur or with which he may be
threatened by reason of his acting as Escrow Agent under this Agreement, and in
connection therewith, to indemnify the Escrow Agent against any and all expenses,
including reasonable attorneys' fees and the cost of defending any action, suit or
proceeding or resisting any claim; (f) Escrow Agent shall not be liable for any
mistakes of fact, or error of judgment, or for any acts or omission of any kind
unless caused by the willful misconduct or gross negligence of Escrow Agent.
5. TERMINATION OF ESCROW. (a) If the parties hereto shall be in
disagreement about the interpretation of this Agreement, or about their rights and
obligations hereunder, or the propriety of any action contemplated by the Escrow -
Agent hereunder, any party hereto may, at its discretion, file an action in a court
of competent jurisdiction in Onslow County, North Carolina to resolve such
disagreement, and specifically, Escrow Agent, at his option, may institute an
interpleader action in and deliver the balance of the Escrow Fund to a court of
competent jurisdiction, whereupon Escrow Agent shall thereafter be relieved 'of any
and all liability.under the terms and provisions of this Agreement. Escrow Agent
shall be indemnified, jointly and severally, by Purchaser and Seller for all costs,
including reasonable attorneys' fees, in connection with any such action, and shall

be fully protected in suspending all or part of his activities under this Agreement
until a final judgment in the action is received.
(b) Escrow Agent may resign upon fifteen (15) days written notice to
the parties to this Agreement. if a successor escrow agent is not appointed by the
joint action of Buyer and Seller within ten (10) days following such resignation, the
Escrow Agent may institute an interpleader action in and deliver the balance of the
Escrow Fund to a court of competent jurisdiction, whereupon Escrow Agent shall
thereafter be relieved of any and all liability under the terms and provisions of this
Agreement. The costs of such action to be paid by Buyer and Seller, jointly and
severally.
(c) At such time as Escrow Agent shall have completed his duties
hereunder, Escrow Agent shall be discharged of all responsibility hereunder and
this Agreement shall terminate.
6. NOTICES. All notices and communications hereunder shall be in
writing and shall be deemed to be duly given if sent by facsimile transmission
(with verification of transmission), by overnight delivery by a nationally recognized
overnight delivery service, or by registered or certified mail, return receipt
requested, postage prepaid, to the following facsimile numbers or addresses:
As to Purchaser:
As to Seller:
WJR PROPERTIES, LLC
Attention: Robert Whitley
Randy M. Schilsky
P.O. D rawe r 6 9
Jacksonville, NC 28540
Facsimile Number: [phone]
As to Escrow Agent:
J. Dewey Edwards, Jr.
219 New Bridge Street
P.O. Box 1057
Jacksonville, NC 28540
Facsimile Number: [phone]

7. ENFORCEABILITY AND BINDING EFFECT. This Agreement shall be construed,
enforced and interpreted under the laws of the State of North Carolina, without
regard to principles of conflict of laws and shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Escrow
Agreement on the date and year first above written.
PURCHASER:
WJR PROPERTIES, LLC
By:�
Name:
Title:
By:
Name:
Title:
By:_
Name:
Title:
SELLER:
Randy M. Schilsky
Suezan Schilsky
ESCROW AGENT:
J. Dewey Edwards, Jr.

STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this day of June, 2000
between RANDY M. SCHILSKY and wife, SUEZAN (a.k'.a SUSAN) SCHILSKY,
hereinafter referred to as "Seller" (whether one or more), and WJR PROPERTIES, LLC,
a North Carolina limited liability company, hereinafter referred to as "Purchaser";
WITN ESSETH:
1. Sale and Purchase. Seller shall sell and Purchaser shall purchase,
subject to the terms and conditions herein, a certain tract of land located in
Jacksonville Township, Onslow County, North Carolina, containing approximately
1.42 acres, situated at the intersection of Western Boulevard and a proposed sixty
foot access street which is 1080.68 feet as measured in a general southeasterly
direction from the intersection of the southern right of way of Western Boulevard
(a 200 foot right of way) and the easternmost right of way of Henderson Drive,
together with a 60' by 130' parcel situated adjacent to the western right of way of
a proposed 50' access easement and designated as stormwater easement and
being more particularly described on a preliminary sketch marked Exhibit "A"
attached hereto and incorporated herein by reference, together with all easements,
appurtenances, privileges, riparian rights and improvements situated thereon,
being hereinafter referred to as the "Land". It is understood and agreed that
Purchaser shall, prior to closing, have a boundary survey and legal description
prepared of the Land by a registered land surveyor, mutuaiiy agreed to by the
parties, which shall be substituted as Exhibit "A".
2. Purchase Price. The purchase price for the Land shall be FIVE
HUNDRED FIFTY THOUSAND DOLLARS. ($550,000.00) (the-- "Purchase Price")
payable as follows:
(a) FIVE THOUSAND and NO/100 DOLLARS ($5,000.00) paid within
five (5) days of the execution of this Agreement by Seller and Purchaser (the
"Deposit") to J: Dewey Edwards, Jr., hereinafter referred to as the Escrow Agent, to
be applied to the Purchase Price at closing or otherwise disbursed by the Escrow

Agent as provided for herein; and (b) the balance, the difference between the
Deposit, and -the Purchase Price, to be paid on the date of closing of this sale (the
"Closing") by immediately available funds.
3. Closing. The purchase and sale shall be consummated at such place
in Onsiow County as Purchaser shall designate by notice to Seller, on the Closing
Date, which shall be a date designated by notice from Purchaser to Seller not less
than three (3) days prior thereto. The Closing Date shall be on or before one
hundred twenty (120) days following the date of execution of this Agreement by
Seller.
4. Escrow Agent. The Deposit and Road Escrow Funds (as hereinafter
defined) shall be delivered to J. Dewey Edwards, Jr. (the "Escrow Agent") to be held
in escrow and to be disbursed in accordance with the provisions of this
Agreement.
5. Title and Deed. At the Closing, Seller shall convey to Purchaser by
General Warranty Deed in a form acceptable to Purchaser, marketable fee simple
title to the Land, free and clear of all encumbrances, subject only to those
exceptions set forth on Exhibit "B" ( the "Permitted Exceptions"). At the closing,
Purchaser shall also be able to obtain, at Purchaser's expense, a standard form
ALTA Owner's Title Insurance Policy (the "Policy") issued by Investors Title
Insurance Company or such other title insurance company of Purchaser's choice,
insuring marketable fee simple title to Purchaser in the full amount of the Purchase
Price and containing no exceptions or conditions other than the Permitted
Exceptions.
Within a reasonable time following the execution of this Agreement by both
parties, Purchaser shall have a title examination performed for the issuance of a
title insurance commitment. If such examination and commitment shall disclose
any defect or'limitation on title other than the Permitted Exceptions, Purchaser
shall give notice thereof to Seller and Seller shall, at Seller's sole expense, have a
reasonable time (not to exceed 30 days unless Purchaser, in his sole discretion,
shall extend such period) in which to cure or remove such defect or limitation on
title. If Seller shall fail to cure or remove such limitation to the satisfaction of

Purchaser, then Purchaser may elect to terminate this Agreement and all sums
deposited hereunder shall be immediately returned to Purchaser; provided, that
Purchaser shall always have the right to waive such defect or limitation on title.
Seller agrees to use reasonabie efforts to ciear the titie as hereinabove provided.
6. Feasibility Period. For a period commencing with the date of execution
of this Agreement by Seller and ending ninety (90) days thereafter, such period
being hereafter referred to as the "Feasibility Period", Buyer shall conduct such
studies, analysis, inspections, searches and surveys which may include but not be
limited to environmental audits, wetland delineations, traffic studies, geotechnical
studies, utility availability surveys, water studies and other engineering analysis
(hereinafter referred to as "Studies and Tests") for the purpose of determining the
suitability of the Land for Buyer's intended use and apply for such financing as
Buyer may deem necessary for acquisition of the Land.
In the event Buyer shall, upon completion of such Studies and Tests
determine that, in its sole discretion, it desires not to purchase the Land, Buyer
may void this Agreement by giving written notice of such intention to Seller on or
before the expiration of the Feasibility Period. In the event Buyer delivers such
notice, the Deposit, shall be refunded to Buyer, and this Agreement shall be null
and void and the parties shall have no further obligation to each other under this
Agreement. In the event Buyer chooses not to or fails to deliver such notice, prior
to the expiration of the Feasibility Period this provision shall be waived and the
Agreement shall be in full force and effect.
Seiler agrees to provide Buyer with a copy of any environmental audit report
and any other existing reports or surveys which have previously been prepared in
connection with the Land.
7. Condemnation. If, prior to the Closing, all or any part of the Land
shall be condemned by governmental or other lawful authority, Purchaser shall
have the option of (a) completing the purchase, in which event all condemnation
proceeds or claims thereof shall be assigned to Purchaser, or (b) canceling this
Agreement, in which event the Deposit shall be returned to Purchaser and this
Agreement shall be terminated with neither party having any rights against the
other.

8. Taxes and Assessments. Ad valorem taxes for the current calendar
year shall be prorated and adjusted on the basis of thirty (30) days to each month,
Seller to have the .last day, to the date of Closing. Ad Valorem Taxes for all prior
years shiall be paid by Seiler. Assessments, either general or special, for
improvements completed prior to the date of Closing, whether matured or
unmatured, shall be paid in full by Seller.
9. Default by Purchaser. If Purchaser shall default in the performance of
any of the terms and conditions of this Agreement, or if the Closing shall not occur
through the fault of Purchaser, Seller may, as its sole remedy, retain the Deposit
as liquidated damages, and this Agreement shall be canceled.
10. Default by Seller. If Seller fails or refuses to comply fully with the
terms of this Agreement, because of unmerchantability of title to Land or for other
cause, Purchaser may, at its option, (a) rescind this Agreement and recover from
Seller the Deposit, or (b) proceed with this Agreement and take the Land.
1 1 . Right of EntrX. At any time prior to the Closing, and at Purchaser's
sole expense, Purchaser or its authorized agents shall have the right to enter upon
the Land for any lawful purpose, including without limitation making such surveys
and site analyses, test borings and engineering studies and to erect such signs as
Purchaser may deem necessary. Provided that no signs shall be erected until such
time as all wetlands permits and approvals and environmental studies have been
obtained and completed. Purchaser agrees to indemnify and hold harmless Seller
from any loss, liability or damage incurred by Seller arising from Purchaser's
foregoing activities.
12. Notices. All notices and other communications required or permitted
to be given hereunder shall be in writing and shall be mailed by certified or
registered mail, postage prepaid, or by a nationally recognized overnight courier
service providing a receipt for delivery, or personally delivered (which shall include
confirmed receipt of a telecopy facsimile). The date of such notice shall be the date
of receipt (if by personal delivery) or the date of deposit (if by registered or
certified mail) or the date of tender to the courier (if by nationally recognized
overnight courier service providing a receipt of delivery) as the case may be. Any
notice to Seller shall be addressed as follows:

Randy M. Schilsky
P.O. Drawer 69
,Jacksonville, NC 28541-0069
Telephone: [phone]
Facsimile: [phone]
and if given to Purchaser, shall be addressed as follows:
W]R Properties, LLC f
Attention:Z106 ri E, W16Ae.1
3 e�
i r!� ,C, 2Fd5o
Telephone: 9,5�k_ sa 3 -'7 11 1
Facsimile: �� • 6� 3� ���
13. No Broker. Purchaser and Seller each represent and warrant to each
other that they have not dealt with any brokers in connection with this Agreement
and the transactions contemplated hereunder. Each party hereby indemnifies and
agrees to hold the other narty harmless from and against any and all causes,
claims, demands, losses, liabilities, expenses, commissions, and fees (including
reasonable attorneys' fees and court costs) in connection with any claim for
commission relating in any way to this Agreement which may be made by any
person, firm or entity based upon any arrangement or agreement made or alleged
to have been made by such party through whom a claim is made.
14. Closing Costs. Notwithstanding anything to the contrary contained
herein, the closing costs shall be paid as follows:
By Seller:
(a) Expenses of placing title in proper condition;
(b) Preparation of General Warranty Deed;
(c) Revenue stamps or transfer tax;
(d) Seller's attorney fees.
By Purchaser:
(a) Title Insurance examination and premium;
(b) Preparation of Mortgage, Deed of Trust or other applicable
financing instruments together with any loan closing costs or
fees;
(c) The survey costs and expense;
(d) Purchaser's attorney fees.

1 5. Construction and Payment of Costs for Road to be constructed within
Proposed 50 foot access easement. This Agreement is contingent upon the
construction of a paved roadway which meets the City of Jacksonville's public
street standards for the full 200 feet distance within the Proposed 50 foot access
easement as shown on Exhibit "A" within 150 days following the date of Closing.
At Closing, Purchaser agrees to deposit with the Escrow Agent, pursuant to an
Escrow Agreement as shown on Exhibit "B", the sum equal to One Hundred Ten
percent (1 10.0%) of the mutually agreed upon estimated costs and expenses to
construct the roadway (the "Road Escrow Funds"). This sum to be held in escrow
and disbursed by the Escrow Agent, pursuant to the Escrow Agreement attached
hereto as Exhibit"B", for the expenses and costs of extending 200 linear feet of
the roadway upon the Land within the 50 foot Proposed Access Easement as shown
on Exhibit "A", inclusive of road, and curb and gutter improvements (the
"Improvements"). Upon completion of the Improvements, as evidenced by written
notification from the City of Jacksonville, Escrow Agent shall disburse the Road
Escrow Funds as follows: (a) the costs and expenses for the Improvements to such
contractors performing the work or providing the materials, and (b) the balance,
if any, to Purchaser.
16. Entire Agreement. This Agreement contains the entire agreement
between Seller and Purchaser, and there are no other terms, conditions, promises,
undertakings, statements or representations, express or implied, concerning the
sale contemplated by this Agreement.
17. Headincis. The headings to the Sections hereof have been inserted for
convenience of reference only and shall in no way modify or restrict any provisions
hereof or be used to construe any such provisions.
18. Modifications. The terms of this Agreement may not be amended,
waived or terminated orally, but only by an instrument in writing signed by both
Seller and Purchaser.
19. Assignment. Purchaser may assignor transfer this Agreement, or any
interest of Purchaser hereunder, without the consent of Seller, but no such
assignment shall relieve Purchaser of PurLhaser's liability for the performance of
its duties and obligations hereunder.

20. Successors. This Agreement shall inure to the benefit of and., bind the
parties hereto and their respective successors and assigns.
21. Additional Warranties by Seller.
a. There are not now outstanding, with respect to the Land, any
notices of any uncorrected violations of any laws, statutes, ordi.nances, rules and
regulations and if issued, it will be satisfied prior to Closing by the Seller.
b. There are not any agreements with any municipality, the county or
any other governmental agencies which would affect or impair the development
of the Land.
22. Time for Acceptance. In the event this Agreement is not fully executed
by Seller and Purchaser on or before ,June 23, 2000, this Agreement shall be null
and void.
23. Time of the Essence. Time shall be of the essence for performance of
all obligations of the parties to this Agreement.
SIGNATURES ON FOLLOWING PAGE

IN WITNESS WHEREOF, the individual parties have hereto set their
hands and seals, and the limited liability company has caused this Agreement to
be executed by their duly authorized manager(s), in duplicate, the day and year set
forth following their respective signatures:
RANDOM. SCHILS
(SEAL)
SUEZAN /SWILSKY
Executed by Seller this L day of June,
2000.
PURCHASER:
WJR PROPERTIES, LLC, a North Carolina limited
liability company (SEAL)
By
Na
Tii
By:
Name:
Title:
By:
Name:
Title:
Executed by Purchaser this l day of
June, 2000.

06/12/2000 16:26 910-346-1210 JOHN L PIERCE
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