SW7091023_HISTORICAL FILE_20100215

TYPE
STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
❑ CURRENT PERMIT
�:�wwo..oP�:�=
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

OF W A 7r 9 Beverly Eaves Perdue, Governor
�1) OG A(6o Dee Freeman, Secretary
Co r `ems North Carolina Department f Environment and Natural Resources
{ J
J 2U �✓ LI-�° Coleen H. Sullins, Director
-5 S '37a� '�-u Chuck Wakiltl, P.E., Deputy Director
✓w-a-M
SURFACE -WATER -PROTECTION -SECTION
COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
1. Stormwater Management Permit Number: Tre- nqS 'O
2. Permit Holder's name: J•M' I�LL")P- AGSOGlaks
3. Signing official's name: �� 0%ln Vck -c Title: "
i peso �lyrlpps/(/Jrpennit) City: let h 4. Mailingra�ddress: o [l� J�
State:I- ZipCode: �00S Phone: n/a- FAX: NO -
(Area Code and Number) (Area Code and Number)
II. NEW OWNER / PROJECT / ADDRESS INFORMATION
.1. This request is for: (please check all that apply)
X a. Change in ownership of the property/company (Please complete Items #2,
#3, and #4 below)
b. Name change of project (Please complete Item #5 below)
C. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
Sw7+0910 2-33
,
2. New owner's name to be put on permit: &W �e � Assmol-kes DeV(? hpmeni (Of LLC
3. New owner's signing official's name and title: �Yyi S. QC1vk Maki- 0-k1?A K 1=
Member Mahager(s)
(Title) '' 1
4. New Mailing Address:POBOX Aa0 City: Wous in*r-)
State:W(- zipCode:a SF Phone:a5194&-Ralol FAX:a5a-ilQt--4943
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit: CheY!' q Qui-% 4 Iho oo) nq rrt't1tL Ir
Page 1 of 2
.,r�rrr n
North Carolina Division of Water Quality Internet: w.ca•.nav:ncrqualih.ore One
943 Washington Square Mall Phone [phone] NorthCarofina
Washington, NC 27889 Fax [phone] N at//ral

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUALITY UNLESS ALL OF.THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed form.
2. A Legal documentation of the transfer of ownership.
3. kcopy of fhb recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:
I, , attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as incomplete -
Signature: n /a' Date:
New Applicant's Certification: (Must be completed for all transfers of ownership)
I, J�Y� S . r2gv,115 attest that this application for an ownership
changes been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attac m is ara not included. this, application package will be
returned as iao6rholete.• n
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Water Quality, SWP
943 Washinton Square Mall _
Washington, NC 27889
Page 2 of 2 FEB 15 2010

Rawls & Associates
Real Estate Developers FEB 15 2010
Post Office Box 220
Washington, North Carolina 27889 r
9
252-946-9219; 252-946-4943 Fax
Email: [e-mail]
February 15, 2010
William Moore, Environmental Engineer
NC Department of Environment and Natural Resources
Division of Water Quality (DWQ), Washington Regional Office (WaRO)
943 Washington Square Mall
Washington, North Carolina 27889
RE: Cherry Run Shopping Center
SW7091023
Beaufort County, NC
Name / Ownership Change
Rawls & Associates / Cherry Run Associates
Dear Mr. Moore:
In accordance with your letter dated December 21, 2009, 1 have addressed concerns associated
with the Cherry Run Shopping Center Stormwater Permit, SW7091023.
The Cherry Run Shopping Center Project is comprised of commercial structures and associated
parking lots. In 1989, A wet detention pond was proposed and constructed to capture stormwater
runoff from the site in accordance with 15A NCAC 2H.1000. For clarity, I have summarized the
chronology as follows:
A. A Determination of Compliance with SW Regulations was issued to J.M. Kane Associates
on April 10, 1989 in accordance with the January 26, 1989 application.
B. A revised Determination of Compliance was issued July 18, 1989 in accordance with a
June 13, 1989 revised application. The revised submission anticipated a 75% impervious
area, or 8.31 ac. of the 11.0 total property acreage and a 0.7 acre wet pond system.
C. An Engineer's Certification was submitted on March 9, 1990, ensuring construction and
compliance in accordance with the approved plans and specifications.
D. On May 27, 2009, Hood Richardson submitted a letter to your office verifying the
impervious acreage shortly after construction was complete and as exists today. This
letter was associated with a proposal to utilize available pond capacity for new
construction of a Dollar General Store. Please note that Mr. Granville Lilley, the lot
owner, has since withdrawn that request and has submitted a separate application.
E. A June 24, 2009 letter from you discussed updates to Stormwater Certification along with
wet pond maintenance issues. Both of these issues have been further addressed in
subsequent correspondence, inspections and discussions between representatives of
your office and this office. Most recently, Alysa Aarup and Harley Caton, representatives
of.Rawls & Associates, met with DWQ personnel to ensure an understanding of the
maintenance issues.
Shipping:
WIMCO Building
2533 West 51h Street
Washington, North Carolina 27889
www.wimcocorp.com

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With this submission, we are attempting to address all open concerns. Each of the five items
from your December 21, 2009 letter is addressed in order:
1. The application must be signed by the owner, or legal representative.
We have revised and are resubmitting the Permit Name/Ownership Change Form. Please find
attached the completed, signed application form indicating an ownership change to Rawls &
Associates.
2. Details regarding changes to the site, along with revised (as built) plans, must be
provided.
I have attached a site plan, including the built upon area and detention pond. Please note that
the only increase to the impervious surface is a generator (157 SF). With respect to the pond, a
small ditch currently drains from a field into the southeastern part of the pond. The owner has
been notified that that ditch will be blocked. Otherwise, the project and Stormwater Management
Plan are consistent with the original submissions.
3. An engineer's certification is required.
A copy of the engineer's certification was submitted in accordance with the original permit on
March 9, 1990 by Tom Tysinger, JR., P.E. In addition, I have reviewed previous calculations and
recent work performed by Hood Richardson. My assessment of the pond is that it has been
constructed in accordance with the original design parameters and that it is performing as
designed. I have attached a completed, signed and sealed certification of my review.
4. Signed operation & maintenance (O&M) agreement is required.
In the past and in accordance with Section VII of the original Stormwater Management Plan
submission, the detention pond banks have been regularly mowed and the trash removed. In
accordance with revised requirements and per your request, a completed and signed form
SW401 for Wet Detention Basin O&M is attached.
Thank you for walking the site with Mr. Caton and Ms. Aarup. Based on that, I feel we have a
clear understanding of what you would like to see and how we can achieve it. Following your
recommendations, we have begun the process of removing several of the trees and excess
vegetation, removing accumulated sediment, and where practical, extending the bank. The
spillway behind Farmer's Furniture will be regraded and enhanced with additional filter cloth and
rip rap. Also, we are incorporating the schedule and records keeping from the O&M into our
regular maintenance recordkeeping.
5. Discussion and records of maintenance activities required to resolve NOV.
The October 2, 2009 Notice of Violation requires actions regarding ownership and certification,
which are addressed under items 1 — 3 above. The letter also describes maintenance issues
which "need to be further defined and resolved". These have been addressed under item 4. In
addition, excess sediment will be removed from the southernmost end of the pond. The depth is
currently 1.8 feet; it will be dredged to the original average depth of 3.2.

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Although it was not included in the items addressed above, we have discussed at some length,
your recommendation for incorporation of a forebay into the existing system. While we
understand the logic for inclusion in new or modified systems, we remain unclear with respect to
the practical addition to and requirement for existing systems. Should we need to address this
issue further, please contact me.
Thank you for your cooperation. I feel we are well on our way to abetter understanding and
process by which we can ensure future compliance.
Sincerely,
eryl S'Rawls, PE
Member Manager
enc:
.�wz..
Name/Ownership Change Form
Site Plan
Designer's Certification
Jeryl S. Rawls, F.E.
P.O. Box 121
Washington. C 27889
Date: s

W-1
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re, Bill
Moore, Bill
Monday, February 08, 2010 2:58 PM
'Jeryl S. Rawls'
:ct: RE: Cherry Run Storm Water
Afternoon Jeryl,
with Alysa and Henry (maintenance contractor) on 02/03/10 at the Cherry Run Shopping Center to discuss pond
tenance issues. After our discussion, I think we all had a good understanding about the type & level of
tenance needed.
I was there, I reminded Alysa that I was waiting on a response to my 12/21/09 letter to resolve the permit issues.
vill recall that we met at our office on 01/18/10; you requested additional time to submit the required info. The
ial due date was 01/21/10; 1 agreed to allow an additional couple of weeks. After our office meeting, I updated my
)ase to show a due date of 02/05/10. As of today, I have not received the add info. I plan to return your
cation as incomplete on Monday, February 15, 2010. If the application is returned then (1) DWQ will start
cement action for operating a stormwater system without a permit, and (2) the application process starts over (ie
application, new $ 505 fee, new plans & specs, etc.)
I think we are close to resolving both the permit issues & the maintenance issues; please try to get the additional
:o our office this week. If you have questions, please advise.
v Jeryl S. Rawls [mailto:[e-mail]]
:: Monday, January 18, 2010 2:03 PM
Moore, Bill
tlysa R. Aarup; Artie Rawls
ect: Cherry Run Storm Water
ik you for extending me the courtesy to talk with me and allowing to review the files. Also, thank you for extending the
ary 21, 2010 response date.
lave a call into Amy so we can walk the pond with Alysa, our maintenance person and me. We will come to an
rstanding with her on what to cut back and check the integrity of the banks. In the mean time I'll dust off my design
s and go through the original calculation. -Jeryl
Rawls, P.E.
ICO Corp
fox 121
hington, NC 27889
.wimcocorp.com
946-5175
946-4943 (Fax)
943-8861
Ebwimcocorp.com

Rawls & Associates
Real Estate Developers
Post Office Box 220
Washington, North Carolina 27889
252-946-9219; 252-946-4943 Fax
Email: [e-mail]
FEB 18 2010
February 18, 2010
William Moore, Environmental Engineer
INC Department of Environment and Natural Resources
Division of Water Quality (DWQ), Washington Regional Office (WaRO)
943 Washington Square Mall
Washington, North Carolina 27889
RE: Cherry Run Shopping Center
SW7091023
Beaufort County, NC
Name / Ownership Change
Rawls & Associates / Cherry Run Associates
Addendum
Dear Mr. Moore:
Enclosed are two copies of revised plans to addend the Name / Ownership Change for
Cherry Run Shopping center. These plans supplement our February 15, 2010
submission and follow your meeting with our representative, Treva Maxwell -Anderson:
1. Site Plan:
The site plan for Cherry Run Associates, survey date 3/20/1992 depicts the
proposed development as permitted. The original stormwater management plan
incorporated impervious surfaces for future development. The "As Built Plan with
Pond Details" is referenced on the site plan.
2. As Built Plan with Pond Details:
The April 23, 2009 surveyed drawing depicts the site as it has been developed.
Lot 1 and the associated wet detention pond are owned by Rawls & Associates
(SW7091023). Lot 2 was sold and developed as a furniture store and associated
parking. As intended, stormwater from lot 2 is also treated in the wet pond. Glass "
is the current owner and we understand that they have applied for an off -site permit
(reference SW7920206).
Shipping:
WIMCO Building
2533 West 5th Street
Washington, North Carolina 27889
www.wimcocorp.com

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Note that this drawing was originally submitted in early 2009 in association with the
construction of a Dollar General Store. Although the Cherry Run Shopping Center
wet detention pond was sized in anticipation of this additional development, the
preliminary proposal for incorporation of the Dollar General Store was withdrawn.
The owners of that store chose instead to propose a separate stormwater
management system in a separate application.
Should you need any additional information, please contact me or Alysa Aarup at 252-
946-9219. Thank you for your time and for your assistance. We look forward to hearing
from you.
Sincerely,
`_---
eryl, . Rawls, PE
Member Manager
Encl: Site Plan, 2 copies
As Built Plan with Pond Details, 2 copies

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OCT-13-2009(TUE) 10:06
WIMCO CORP. (FRX)2529464943 P.002/003
S W `70910�3
OCT 14 2009 Beverly Eaves Perdue, Governor
Doe Frogman, Secretary
North Carolina Department of Environment and Natural Resources
COleen H. SUlilrta, Director
7 �epn � Chuck Waklld, P.E., Deputy Director
I. CURRENT PERMIT INFORMATION: nn
1. Stormwater Management Permit Number
2. Permit Holder's name: J•M '�0.n1� SS06oJ6
3. Signing official's name: -J O-h-r) I�l'L1i-e Title:
( ogRm leg Ily sjlo for permit) ' �I
4. Mailing address: Q t� I d I (� City:
Statei W- tpCode: a 1p OS Phone: Ma FAX: n/a
(Area Cede and Number) (Area Code and Number)
II. NEW OWNER / PROJECT l ADDRESS INFORMATION
1. This request is for. (please check all that apply)
x a. Change in ownership of the property/company (Please complete Items #2,
#3,'and #4 below)
b. Name change of project (Please complete Item #5 below)
C. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owners name to be put on permit: �G ASSouaAeS Dmbp merY} COy LLC.
3. New owner's signing official's name and title: JCNI S. QQr45 and f bt- tki?n . j
�Pr,�ber• Ma�aae, ►PCs)
(Title), 1 .(.,.
4. New Mailing Address:POBOA `do10 Crty: washlnc(j2n
State:N(- rpCode:'Z7 Phon05194&2• iq FAx:a5a-0l4-►-49I43
(Area Code and Number) (Area Code and Number)
5. New Project Name to be placed on permit:
Page 1 of 2
North CarolinaAivicion nfWalcr Quality hatrntc mvwacWa;taquulilymri; ne
943 Wnahingtnn Squ= Mail Phone ('S2) 946.6481 No Carolina
Wuahingm, NC 27889 Pax (2.52) 946-9215 Natural&

0

OCT713-2009(TUE) 10:06 WINCO CORP.
(FRX)2529464943 P.003/003
PERMIT NAMEIOWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUALITY UNLESS ALL OF.THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL
REQUIRED ITEMS:
t. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit
4. The designer's certification, if required by the permit
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permlttee's Certification:
I, attest that this application for a namelownership
change has-been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are;not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as incomplete.
Signature: n �a' Date:
New Applicant's Certification: (Must be completed for all ua'urer of ownership)
I, Ali s a A -a ) attest that: this application for an ownership
change has 13een reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package'will be
returned as i complete.
Signature: Date:_ i 0. 13 • Oq
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and; Natural Resources
Division of Water Quality, SWP
943 Washinton Square Mall;
Washington, NC 27889
Page 2 of 2

0CT-13-2009(TUE) 10:05 WIMCO CORP.
(FAX)2529464943 P.001/003
Post Office Box 220
Washington, North Carolina 27889
Phone: [phone]
Fax: [phone]
Email: [e-mail]
To:. Amy Adams From: Alysa Aarup
Fax: [phone]
bate: 08/18/09
Phone:[phone] Pages: 3 total
Re: Name Change Form
0 Urgent
Please Reply
Amy,
CC:
0 For Review
o Please Recycle
❑ Please Comment
Please find attached the Name Change Form for the retention pond at the Cherry
Run Center in Washington. Thank you for your help with this, tf there is any
information that is incomplete, please let me know_
1
Alysa

Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
7
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:r^+ws —I
December 21, 2009
Rawls & Associates, LLC
Attn: Mr. Jeryl S. Rawls
PO Box 220
Washington, NC 27889
Subject: Stormwater Review SW7091023
Cherry Run Shopping Center
Beaufort County
Dear Mr. Rawls:
Coleen H. Sullins, Director
Division of W ater Quality
In May of this year, this office received an inquiry relating to a proposed development adjacent to
the Cherry Run Shopping Center (see copy of attached letter). Due to this inquiry, staff conducted a site
inspection that resulted in a Notice of Violation dated October 2, 2009 (copy attached). We received
your request for a Name/Ownership change for the subject project on October 14. 2009. In order to
complete your application, and before a permit can be issued, the following items must be addressed:
1. The application must be signed by the owner, or legal representative.
2. Details regarding changes to the site, along with revised (as built) plans, must be provided.
3. An engineers certification is required.
4. Signed operation & maintenance agreement is required.
5. Discussion and records of maintenance activities required to resolve NOV.
The above requested information must be received in this office by January 21, 2010, or your
request will be considered incomplete. If the as built plans show permanent modifications to the site, then
a complete application along with a $ 505 fee will be required. If you have questions, please feel free to
contact me at [phone], or you can send a message to: [e-mail].
Sincerely,
William J. Mo
Environmental Engineer
Washington Regional Office
cc: Amy Adams, DWQ, WARD
Beaufort -County Planning/Inspections
Washington Regional Office
Alailing Address Phone [phone] Location �'oe�e't Carolina
1617 Mail Sen ice Center Fax [phone] N. Salisbury St. �rtr arol in
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: wwe.ncaatercualihtore Customer Sen ice 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10%Post Consumer Paper

MOA
NC®ENR
North Carolina Department of Environment and
Wzalz
Natural Resources
Beverly Eaves Perdue
Governor
Hood Richardson, PA
Attn: Mr. Hood Richardson
110 West Second Street
Washington, NC 27889
Dear Mr. Richardson:
Division of Water Quality
Coleen H. Sullins
Director
June 24, 2009
Subject: New Commercial Development.
Beaufort County
Dee Freeman
Secretary
Our office received your letter dated May 28, 2009 regarding a potential new
development. Your letter indicated that a new commercial development may be located
on a tot adjacent to the Cherry Run Shopping Center, and that the stormwater runoff
could be routed to the existing wet pond system. In addition, you provided survey plats
and calculations to support the position that the stormwater runoff could be adequately
handled in the wet: pond. l reviewed our files, along with the information you provided,
and conducted a site visit on June 17, 2009. Following is a list of issues/questions that
need to be addressed before any new built -upon areas, or additional runoff to the existing
wet pond system can be allowed.
First, a Stormwater Certification was issued to J. M. Kane & Associates on July
18, 1989 for a commercial shopping center to be located at the corner of US264 Bypass
& West Fifth Street in Washington, NC. The project allowed 8.31-acres of impervious
area on an 11-acre site and a 0.7 -acre wet pond system. A portion of the project. has
been completed, including a. Food Lion Store, a Furniture Store and the wet pond system.
We have learned that modifications have been made to the wetpond system, and that
ownership has changed. The current owners must obtain a stormwater permit for the
existing wet pond system, including any modifications, prior to accepting any additional
stonmrvater flows into the pond.
Second, our site visit revealed several maintenance issues with the wet pond
system; including, (1) evidence of excessive sediment build-up in portions of the pond,
(2) excessive woody vegeta.t3on, and (3) outlet/orifice elevations inconsistent witb the
original design parameters. These maintenance issues need to be further defined and
3'eF;nlVecl once the eun*cnt "wirers obtain a. nermit.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Internet: vnwencvvaterquality.org
Phone: [phone] FAX: [phone]
FAX: [phone]
Nne
orth iCaroiina
An E.ual O000tlunily 1 At;Irmative Actin. Erroll

Hood Richardson, FA
June 24, 2009
}'age Tvao
Third, based on information from previous site visits by Mir. Roberto Scheller,
Water Quality staff, Washington Regional Office, the proposed development would be
located on a lot that has existing vegetated buffers regulated by the Tar -Pamlico Buffer
Pules. In fact, Mr. Granville LilIey, (current lot owner) has been advised of the buffer
issues involved with his project and is currently seeking concurrence from the Division
regarding a "vested rights" issue.
In summary, the current owners of the shopping center and wet pond must obtain
a stormwater permit and perform the necessary maintenance. The buffer issues relating
to this lotmost he resolved by the current: owner(s) prior to any development. activi?y.
Copies of this letter will be provided to all panties involved with these issues. If -you have
any additional questions, please feel free to contact our office at [phone].
Sincerely,
r%
Bill Moore, Environmental Engineer
Division of Water Quality
Washington Regional Oft 7ce
cc: Mr. 3eryl S. Rawls
Mr. Granville Lilley
Mr. Al Hodge, l �WQ, WashingAon t )frce
Mir. Roberto Schcller; F VQ, Washington Office
,_,;V�ARO

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North Carolina Depailment of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 2, 2009
CERTIFIED MAIL #7009 0080 0000 5654 8767 CERTIFIED MAIL #7009 0080 0000 5654 8774
RETURN RECEIPT REOUESTED RETURN RECEIPT REQUESTED
Rawls & Associates Development Company LLC Glass Properties, LLC
Jeryl Rawls Robert Garren
PO Box 220 1851 Telfair Street
Washington NC 27889 Dublin GA 31021
Subject: STORMWATER MANAGEMENT PERMIT —REQUIRED SUBMITTALS
Lot I -Cherry Run Associates
Pt. Lot 2- Cherry Run Associates
Cherry Run Shopping Center
Beaufort County
Dear Mr. Rawls and Mr.Garrett:
This letter is to notify you that you are currently in violation of Title 15A North Carolina Administrative
Code (NCAC) 2H .1003 in accordance with North Carolina General Statute (G.S.) 143-214.7 for failure
to secure a Stormwater Management Permit.
On June 17, 2009, Bill Moore and Amy Adams of the Washington Regional Office inspected the site and
observed impervious surfaces installed on the subject development site known as Cherry Run Shopping
Center located at 1706 US 264 West, Beaufort County, North Carolina.
A review of DWQ files confirmed that a State Stormwater Management Permit was issued to J.M. Kane
& Associates for this site. However, no State Stormwater Management Permit has been issued to the
current property owners of record at the subject site as described above. State Stormwater Permits are not
transferrable and require a request for name/ownership change to be, approved by DWQ. In addition,
there are maintenance issues with the wet pond that must be addressed. These maintenance issues need to
be further defined and resolved once the current owners obtain a permit.
As a result of the site inspection and file review, the following issues must be remedied:
Failure to Obtain a State Stormwater Management Permit
Title 15A NCAC 214 .1003, in accordance with G.S. 143-214.7, requires a State Stormwater Management
Permit for development activities within the 20 coastal counties that require a Coastal Area Management
Act (CAMA) Major Permit or an Erosion and Sedimentation Control Plan. The inspection and DWQ file
review confirms that a State Stormwater Management Permit has not been issued to the property owners
of record for Cherry Run Shopping Center -Lot 1 and Lot 2.
North Carolina Division of Water Quality Internet: vmw.ncwalergualihT.orq
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50 % Recycled110% Post Consumer Paper
No thCarohna
Naturally

Required 18esponsg
This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this
Notice. Your response should be sent to this office at the letterhead address and should address the
following items:
1. The Owners of Lot 1 (Food Lion Shopping Center and Wet Pond) should complete the
enclosed Name/Ownership Change Form to transfer the existing permit into the current
property owner's name including any modifications to the system which occurred since the
time of original permit. Please note that a Designer's Certification is also required.
2. The Owners of Lot 2 (Farmer's Furniture site) should apply for an "off -site permit" with the
enclosed application and supplement form for their impervious areas being treated in an
offsite permitted stormwater facility.
Thank you for your immediate attention to this matter. Please be advised, these violations and any
continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation pursuant to North Carolina General Statute 143-215.6A.
This office requires that the issues, as detailed above, be properly resolved. Should you have any
questions regarding these matters, please contact either Bill Moore or myself at [phone].
Sincerely,
01�k
��
Amy Adams, Stormwater Compliance
Surface Water Protection Section
Washington Regional Office
Enclosures: Name/Ownership Change Form
Designer's Certification Form
Permit Application and Off -site Supplement Form
cc: 1 od Richardson, P.A.
--, ✓aRO Files
Central Office Files

Required Response
This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this
Notice. Your response should be sent to this office at the letterhead address and should address the
following items:
1. The Owners of Lot 1 (Food Lion Shopping Center and Wet Pond) should complete the
enclosed Name/Ownership Change Form to transfer the existing permit into the current
property owner's name including any modifications to the system which occurred since the
time of original permit. Please note that a Designer's Certification is also required.
2. The Owners of Lot 2 (Farmer's Furniture site) should apply for an "off site permit" with the
enclosed application and supplement form for their impervious areas being treated in an
offsite permitted stormwater facility.
Thank you for your immediate attention to this matter. Please be advised, these violations and any
continuing or future violations are subject to a civil penalty assessment of up to $25,000.00 per day
for each violation pursuant to North Carolina General Statute 143-215.6A.
This office requires that the issues, as detailed above, he properly resolved. Should you have any
questions regarding these matters, please contact either Bill Moore or myself at [phone].
Sincerely,
QAmfytdams, Stormwater Compliance
Surface Water Protection Section
,Washington Regional Office
Enclosures: Name/Ownership Change Form
Designer's Certification Form
Permit Application and Off -site Supplement Form
cc: od Richardon, P.A.
�aRO Files
Central Office Files

State of North Carolina
Department of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889-1424
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
March 5, 1992
J.M. Kane Associates
P.O. BOX 12376
Raleigh, N.C. 27605
SUBJECT: Determination of Compliance with Stormwater
Project:Heilig Meyers Furniture Co.
Beaufort County
Dear Mr. Kane:
Lorraine G. Shinn
Regional Manager
The Washington Regional Office received your Sedimentation and
Erosion Control Plan (or Stormwater Management Plan) submittal for
the subject project on February, 28 1992. Stormwater from
this development will be treated in the existing wet pond
system that serves Cherry Run Shopping Center. Based upon
our review of the project, the document complies with the
Stormwater Regulations set forth in Title 15 NCAC 2H .1000.
If you have any questions please contact Mr. Bill Moore at
919/946-6481.
Sincerely,
�v�— _
Roger K. Thorpe, PE
Water Quality Regional Supervisor
cc: Bill Mills
P.O. Pm 2188, Washington, North Carolina 27889-2188 Telephone 91994(.6481 FAX: [phone]
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