SW8970105_HISTORICAL FILE_20210601

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 95 0 u 0 5
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
® HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20 21 0�-o o I
YYYYMMDD

RECEIVED
k4kr f) 7�2
20sPcAce—
Wilmington FC APR 2 6 2021
NCUEO
From: John Kuske <[e-mail]> WILMINGTON RO
Sent: Monday, April 26, 2021 3:44 PM
To: Wilmington FC
Subject: FW: [External] RE: Smith Creek Station - State Stormwater - SW8 970105 Renewal and
Minor Modification
Attachments: K3-20004 SMITH CREEK STATION - STATE STORMWATER PERMITTING HISTORY
4-21-21.pdf
Importance: High
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links,
especially from unknown senders.
Please print three color copies of this message and three color copies of the attachment.
Let me know if I can pick up this information today before 5:00 pm.
Thanks,
JOHN A. KUSKE, 111, P.E.
KUSKE3 ENGINEERING, PLLC
321 SOUTH KERR AVENUE, UNIT 115
WILMINGTON, NC 28403
LICENSE NO: P-0909
PHONE: [phone]
E-MAIL: [e-mail]
It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. that
this electronic information provides design information current as of the date of its release. It shall be the responsibility of
the party receiving the data to examine it to see that it contains the necessary files and information requested. In
transferring the files in electronic media format, Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting
Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC
and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data.
From: Johnson, Kelly <[e-mail]>
Sent: Friday, April 23, 20217:26 AM
To: John Kuske <[e-mail]>
Subject: RE: [External] RE: Smith Creek Station - State Stormwater - SW8 970105 Renewal and Minor Modification
John,
I am not sure if this is a question or a submittal? If it is a submittal, please submit the hard copy so it can get logged in.
Thanks,
Kelly

V-6LU Johvtsovu
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: John Kuske <[e-mail]>
Sent: Friday, April 23, 2021 7:22 AM
To: Johnson, Kelly <kellv.p.iohnson(@ncdenr.gov>
Cc: John A. Kuske III <ikuske3Ca)kuske3enz.com>
Subject: [External] RE: Smith Creek Station - State Stormwater - SW8 970105 Renewal and Minor Modification
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam. _ _ _ _ _ _ _ _ . - _
Kelly
Please note the following:
The Attachment B Impervious Area Summary is good and matches my proposal.
The word and pdf files attached listing the approved plan sheets for each permitting transaction
associated this master permit. With the exception of the Master Plan there is no one set of plans
showing the current because the shopping center uses with the exception of Home Depot evolved over
time and development occurred in bits and pieces. I am not sure if what I have provided is what your
expecting or if I can provide what your expecting with the exception of the Master Plan. This is why
Linda Lewis requested the Master Plan. At one point it was discussed that the Master Plan and the
pond sheets and details from the original plans would be considered the approved plans as the majority
of the shopping center is permitted under offsite permits with separate plans prepared by me and/or
others.
Let me know your thoughts and if you need hard copies of the attachments.
Thanks,
JOHN A. KUSKE, III, P.E.
KUSKE3 ENGINEERING, PLLC
321 SOUTH KERR AVENUE, UNIT 115
WILMINGTON, NC 28403
LICENSE NO: P-0909
PHONE: [phone]
E-MAIL: [e-mail]

It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. that
this electronic information provides design information current as of the date of its release. It shall be the responsibility of
the party receiving the data to examine it to see that it contains the necessary files and information requested. In
transferring the files in electronic media format, Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting
Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC
and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data.
From: Johnson, Kelly <kellv.p.iohnson(ZDncdenr.Rov>
Sent: Tuesday, April 06, 2021 1:53 PM
To: John Kuske <ikuske3CcDkuske3enR.com>
Cc: [e-mail]
Subject: RE: Smith Creek Station - State Stormwater - SW8 970105 Renewal and Minor Modification
Hi John,
I have gone through everything and have drafted the permit. The permit text is attached as well as Attachments B and C
which are in Excel and have also been attached as pdf sheets. I need two things:
1. Attachment B: Please review the impervious area summary to ensure it matches your proposal.
2. Attachment C: I need to have a list of plan sheets that represent the full permitted set. It gets complicated
when projects are modified several times. When the public shows up to see what is the latest for their area, I
need to know which plan sheets are the latest for each area of the project. This will be documented in
Attachment C. (You had provided an extensive commentary in Item #2 of the previous response letter. I really
need to summarize this into a list of approval dates and sheet numbers.)
As you know, I have to set a due date for a response. Please respond by 4/21/2021.
Thanks,
Kelly
t -6Lliohvt.sow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: Johnson, Kelly
Sent: Monday, December 21, 2020 10:12 AM
To: John Kuske <ikuske3Pkuske3enR.com>
Cc: [e-mail]
Subject: Smith Creek Station - State Stormwater- SW8 970105 Renewal and Minor Modification
John,
The request for additional information is attached.
Merry Christmas,
Kelly

1<-'6LU JohwS0t&
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: John Kuske <[e-mail]>
Sent: Tuesday, December 1, 2020 5:29 PM
To: Johnson, Kelly <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>
Subject: RE: [External] NC DEQ SW8 970105 MINOR MODIFICATION SUBMITTAL AND SW8 970105 RENEWAL SUBMITTAL
o External email. Do not click links or open attachments unless you verify. Send all suspicious email as. an attachment to
m r or .s nc. ov
;� ,
Kelly,
I understand and appreciate your prompt response.
I look forward to hearing from you at the appropriate time.
Thanks,
JOHN A. KUSKE, III, P.E.
KUSKE3 ENGINEERING, PLLC
321 SOUTH KERR AVENUE, UNIT 1 15
WILMINGTON, NC 28403
LICENSE NO: P-0909
PHONE: [phone]
E-MAIL: [e-mail]
It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. that
this electronic information provides design information current as of the date of its release. It shall be the responsibility of
the party receiving the data to examine it to see that it contains the necessary files and information requested. In
transferring the files in electronic media format, Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting
Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC
and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data.
From: Johnson, Kelly <[e-mail]>
Sent: Tuesday, December 01, 2020 4:29 PM
To: John Kuske <[e-mail]>

Cc: Weaver, Cameron <[e-mail]>
Subject: RE: [External] NC DEQ SW8 970105 MINOR MODIFICATION SUBMITTAL AND 5W8 970105 RENEWAL SUBMITTAL
Hi John,
Unfortunately there are too many variables to give estimates. It will be within 90 days of the acceptance
date. Unfortunately it is running very close to that date.
Kelly
IceLLt�Johwsolti
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: John Kuske <[e-mail]>
Sent: Tuesday, December 1, 2020 2:56 PM
To: Johnson, Kelly <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>
Subject: RE: [External] NC DEQ SW8 970105 MINOR MODIFICATION SUBMITTAL AND SW8 970105 RENEWAL SUBMITTAL
r ero External email. Do not click links'or open attachments unless you verify. Send all suspicious,email as an attachment to
r,ra mDnc.eov , I
Kelly,
I hope this message finds you well.
Can you give me your best guess about when the subject submittal will be up for review? I know you are busy
and it's the holidays, but any information you can provide would be very much appreciated.
Thanks,
JOHN A. KUSKE, III, P.E.
KUSKE3 ENGINEERING, PLLC
321 SOUTH KERR AVENUE, UNIT 1 15
WILMINGTON, NC 28403
LICENSE NO: P-0909
PHONE: [phone]
E-MAIL: JKUSKE3CzbKUSKE3ENG.COM
It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. that
this electronic information provides design information current as of the date of its release. It shall be the responsibility of

the party receiving the data to examine it to see that it contains the necessary files and information requested. In
transferring the files in electronic media format, Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting
Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC
and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data.
From: Johnson, Kelly <[e-mail]>
Sent: Thursday, November 12, 2020 3:28 PM
To: John Kuske <[e-mail]>
Cc: Weaver, Cameron <cameron.weaver0Dncdenr.gov>
Subject: RE: [External] NC DEQ SW8 970105 MINOR MODIFICATION SUBMITTAL AND SWS 970105 RENEWAL SUBMITTAL
Thanks John. I will print this for the file.
KJ
V-6Ll Johwsolti
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: John Kuske <[e-mail]>
Sent: Thursday, November 12, 2020 1:56 PM
To: Johnson, Kelly <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>; John A. Kuske III <[e-mail]>
Subject: [External] NC DEQ SW8 970105 MINOR MODIFICATION SUBMITTAL AND SW8 970105 RENEWAL SUBMITTAL
o External email: Do not click links or open attachments unless you verify. Send all suspicious email. as an attachment to
e s m nc. ov
Kelly,
Sorry for the confusion. I talked to Cameron and appreciate everyone's help.
Please note the following:
The submittal package that I delivered on October 13, 2020 is complete and includes all the necessary
information for a minor modification to SW8 970105 and all the necessary information for the SW8
970105 renewal as explained in my submittal letter below. I assumed it would be logged in as two (2)
submittals. Let me know if you need additional copies of the information or if you need additional
information when it comes up for review. The minor modification is the immediate need but I
understand that the renewal has to be processed first. The reason I did not submit the minor
modification separate is because I did not want the minor modification to sit awaiting review and then
receive a comment when reviewed stating that I needed to submit a renewal. The master permit

expires on March 11, 2021 and with the requirement to submit a renewal 6 months in advance of the
expiration, I was just trying to do the right thing. Again, sorry for the confusion.
• The information I recently delivered is an effort to potentially head off a review comment based on
updated information I received from my client after the original submittal. Just trying to do the right
thing in an effort to provide accurate information to the best of my ability. Again, sorry for the confusion.
I look forward to hearing from you at the appropriate time.
Thanks!
JOHN A. KUSKE, III, P.E.
KUSKE3 ENGINEERING, PLLC
321 SOUTH KERR AVENUE, UNIT 115
WILMINGTON, NC 28403
LICENSE NO: P-0909
PHONE: [phone]
E-MAIL: [e-mail]
It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. that
this electronic information provides design information current as of the date of its release. It shall be the responsibility of
the party receiving the data to examine it to see that it contains the necessary files and information requested. In
transferring the files in electronic media format, Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting
Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC
and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data.

KUSKE3 ENGINEERING. PLLC
JOHN A. KUSKE, III, P.E.
Z121 SOOi11KF,11PAVF.N4F-140118.W11.MNC,SgN.NC 24403•IJCEN.FN6, P09O961P)9ILTA7 1 �4041. J1:ISM1F,30KUSKE9F,N11r e
October 9, 2020
Christine Hall, Stormwater Program Supervisor
NC DEQ Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: NC DEQ Master Stormwater Permit SW8 970105 Minor Modification - Tract 3
NC DEQ Master Stormwater Permit SW8 970105 Renewal
Smith Creek Station
High Density Project
Wilmington, NC
New Hanover County, NC
K3 Project No. 20004
Dear Ms. Hall:
Enclosed for review are two (2) original State Stormwater Permitting Form Ts: Minor
Modification Applications, two (2) original State Stormwater Permitting Renewal Applications
forms, one (1) check in the amount of $505.00 payable to NC DEQ for the Slate Stormwater
Permitting Renewal Application fee, two (2) copies of the last NC DEQ Master Stormwater
Permit SW8 970105 Modification with Renewal dated November 23, 2009, two (2) copies of
the last NC DEQ Master Stormwater Permit SW8 970105 Name Change/Ownership Change
dated March 26, 2010, two (2) copies of the last NC DEQ Master Stormwater Permit SW8
970105 Approved Plan Revision dated March 3, 2011, two (2) copies of the last New Hanover
County Grading Permit No. 99-96 Revision dated January 6, 2011, two (2) copies of the
Engineers Certification for the existing NC DEQ Master Stormwater Permit SW8 970105 Storm
Water Control Measures, two (2) copies of the Smith Creek Retail, LLC Secretary of State's
Office information, two (2) copies of the Smith Creek Retail, LLC Operating Agreement, two (2)
copies of the First Amendment to the Smith Creek Retail, LLC Operating Agreement
designating the Permittee's signature authority as a manager of Smith Creek Retail, LLC, two
(2) copies of the Assignment Of Membership Interest for Smith Creek Retail, LLC, two (2)
copies of the property deeds, two (2) copies of the existing NC DEQ Deed Restriction Forms
DRPC-1 and DRPC-2, two (2) copies of the Stormwater and Erosion Control Narrative for the
NC DEQ Master Stormwater Permit SW8 970105 Minor Modification - Tract 3, the NC DEQ
Master Stormwater Permit SW8 970105 Renewal and the New Hanover County Grading
Permit No. 99.96 Revision, two (2) copies of the signed and sealed Smith Creek Station

Stormwater Control Measure Site Observation Report staling that Pond 1 and Pond 2 are in
substantial compliance with the approved plans and NC DEQ Master Stormwater Permit SW8
970105, two (2) sets of plans showing the proposed improvements on Tract 3 for the Minor
Modification request, two (2) copies of the previously approved NC DEQ Master Stormwater
Permit SW8 970105 Smith Creek Station Stormwater Master Plan and two (2) copies of the
previously approved revised NC DEQ Master Stormwater Permit SW8 970105 Smith Creek
Station Stormwater Master Plan.
Note that the enclosed Stormwater and Erosion Control Narrative includes a detailed
explanation of the Minor Modification and Renewal request. Please also note that the current
permittee and signing official for the Minor Modification and Renewal request will remain the
same.
Please review this information for approval and contact me with any questions or comments
you may have. Thank you for your assistance on this project.
Sincerely,
K SKE3 ENGINEERING, PLLC � I
J n A. Kuske III, P. E.
Enclosures
cc: Phil Begany, Lat Purser & Associates, Inc., Sr. VP of Raleigh Operations
Henry Miller, III, Smith Creel Retail, LLC, Manager
Kelly Johnson, NC DEQ Environmental Engineer III
Cameron Weaver, NC DEQ Environmental Assistance Coordinator
From: Johnson, Kelly <[e-mail]>
Sent: Thursday, November 12, 2020 11:54 AM
To: John Kuske <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>
Subject: RE: [External] ADDITIONAL DEED RESTRICTION INFORMATION - NC DEQ SW8 970105 SMITH CREEK STATION -
TRACT 3 MINOR MODIFICATION SUBMITTAL FOR 02 FITNESS AND SW8 970105 RENEWAL SUBMITTAL
John,
The renewal is logged in to be reviewed. Do you need to submit something or change something for the minor
modification? It says that you are submitting something for review?
In the future, please refrain from submitting a package if it is not yet complete. It makes things difficult to keep track of
because I never know when things on the list are ready for review. I will print this email and read through it when it
comes up for review.
Thanks,
KJ
1-'6LIW 0h VLS0VL'
Kelly Johnson

Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: John Kuske <[[e-mail]>
Sent: Thursday, November 12, 2020 11:30 AM
To: Johnson, Kelly <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>
Subject: RE: [External] ADDITIONAL DEED RESTRICTION INFORMATION - NC DEQ SW8 970105 SMITH CREEK STATION -
TRACT 3 MINOR MODIFICATION SUBMITTAL FOR 02 FITNESS AND SW8 970105 RENEWAL SUBMITTAL
Importance: High
Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Kelly
I am not sure I understand your comments below.
The submittal is for a minor modification and a renewal. The submittal includes all the information for the minor
modification on Tract 3 and all the information for the renewal. It is two submittals in one which I understand is
now acceptable based on my conversation with Cameron. I am hopeful that the minor modification can be
processed first. I would of assumed it would have been logged in as a minor modification and a renewal. Do
need to separate the packages as it is all the same information and I delivered two (2) copies of everything.
Please advise.
Thanks,
JOHN A. KUSKE, 111, P.E.
KUSKE3 ENGINEERING, PLLC
321 SOUTH KERR AVENUE, UNIT 115
WILMINGTON, NC 28403
LIcENsE No: P-0909
PHONE: [phone]
E-MAIL: [e-mail]
It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. that
this electronic information provides design information current as of the date of its release. It shall be the responsibility of
the party receiving the data to examine it to see that it contains the necessary files and information requested. In
transferring the files in electronic media format, Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting
Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC
and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data.
10

From: Johnson, Kelly <[e-mail]>
Sent: Thursday, November 12, 2020 9:19 AM
To: John Kuske <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>
Subject: RE: [External] ADDITIONAL DEED RESTRICTION INFORMATION - NC DEQ SW8 970105 SMITH CREEK STATION -
TRACT 3 MINOR MODIFICATION SUBMITTAL FOR 02 FITNESS AND SW8 970105 RENEWAL SUBMITTAL
John,
This is a lot of information, and unfortunately I have not even opened the file. The project is currently in-house for a
Renewal. There is a minor modification package in the file to be processed after the Renewal.
It sounds like you need to submit something else for the minor mod. I can either have the package returned (in which
case you only get the signed form back), or I can leave it in the breezeway for you to pick up, re -collate, and then
resubmit. Please let me know your preference.
Thanks,
Kelly
fCBl.l.l� DPI wSD ln.
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: John Kuske <[e-mail]>
Sent: Tuesday, November 10, 2020 12:31 PM
To: Johnson, Kelly <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>; John A. Kuske III <[e-mail]>
Subject: [External] ADDITIONAL DEED RESTRICTION INFORMATION - NC DEQ SW8 970105 SMITH CREEK STATION -
TRACT 3 MINOR MODIFICATION SUBMITTAL FOR 02 FITNESS AND SW8 970105 RENEWAL SUBMITTAL
aT�.External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
reportsoamOnc.¢ov -
Kelly,
I hope this message finds you well. I understand that the subject project has been assigned to you. I am
providing additional information associated with the project deed restrictions for review at the appropriate time.
Prior to submitting the project, I contacted Cameron Weaver with a question about the deed restrictions for the
subject project. During our conversation we discovered that the NC DEQ system does not acknowledge
receipt of recorded deed restrictions for the project. I contacted my client/Master Permit No. SW8 970105
Permittee and requested an update and /or copy of the recorded deed restrictions.
11

Based on my client/Master Permit No. SW8 970105 Permittee's response, I offer the following
information associated with the revised deed restrictions to be recorded:
• Note the revised deed restriction document/Amended And Restated Declaration Of Storm Water
Management Restrictions document attached. My client/permittee's attorney prepared the
document in 2007. For whatever reason the document requires a signature from each individual
property owner draining to the existing Master Permit Stormwater Control Measures, Pond 1 and Pond
2. At this time (2007), seven of the eight properties owned by others draining to the existing Master
Permit Stormwater Control Measures, Pond 1 and Pond 2, were permitted under their own NC DEQ
Offsite Stormwater Permit (Alpha Graphics/Always graphics 2000, Texas Roadhouse 2000, Soho
Japanese Steakhouse 2003, Home Depot 2007, Land Rover 2007, Kohl's 2007 and Hampton Inn
2007). In 2010 another NC DEQ Offsite Stormwater Permit was issued for the Buffalo Wild Wings
project.
• My client/permittee worked diligently from 2007 until 2012 on obtaining the required signatures so the
revised deed restriction document/Amended And Restated Declaration Of Storm Water
Management Restrictions document could be recorded.
• In 2012 it was determined that one of the individual property owners (Kohl's NC DEQ Offsite
Stormwater Permit No. SW8 071008) refused to sign the document. Therefore, the document was not
completely executed and could not be recorded. Correspondence on this matter, including
correspondence with you, is attached for review.
• My client/permittee is prepared and committed to revisit and continue this matter in an effort to provide
recorded deed restrictions in accordance with the conditions in Master Permit No. SW8 970105 and the
conditions in the Offsite permits. My client/permittee will provide a letter/documentation stating this if
necessary.
• My client/permittee acknowledges and accepts the responsibility associated with the conditions listed in
Master Permit No. SW8 970105. My client/permittee is currently maintaining and paying for the costs
to maintain Stormwater Control Measure Pond 1 and Pond 2.
In an effort to receive the necessary permit approvals, I am providing the following forms attached for
review:
• The updated NC DEQ Deed Restriction Form DRPC —1 for High Density Commercial Subdivisions
signed by the Master Permit No. SW8 970105 Permittee.
• The updated NC DEQ Deed Restriction Form DRPC — 2 for High Density Commercial Subdivisions with
outparcels signed by the Master Permit No. SW8 970105 Permittee.
• 1 am hopeful that these updated forms will allow the permittee to receive approval for the minor
modification and renewal and/or at minimum approval for the minor modification as the Master Permit
No. SW8 970105 does not expire until March 11, 2021.
I will deliver two (2) copies of this correspondence and two (2) original signed deed restriction forms to your
office today.
Please review this information and follow up with me at the appropriate time.
Thanks,
JOHN A. KuSKE, 111, P.E.
KUSKE3 ENGINEERING, PLLC
321 SOUTH KERR AVENUE, UNIT 115
12

WILMINGTON, NC 28403
LICENSE NO: P-0909
PHONE: [phone]
E-MAIL: [e-mail]
It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. that
this electronic information provides design information current as of the date of its release. It shall be the responsibility of
the party receiving the data to examine it to see that it contains the necessary files and information requested. In
transferring the files in electronic media format, Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting
Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC
and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data.
13

PG 'I OF 138 PG SUBMITTAL TO NC DEO
KUSKE3 ENGINEERING, PLLC
JOHN A. KUSKE. III, P.E.
:l21 Si7'tll M�IIN AYt:MJ[', n[911$ wltU�CtCfl NC 2tlnp:1 LJCCr.'.E No 4=()UV IYIUl"71-0psl .4itR:xC3G*16:N4dit:-.?:CA1
October 9, 2020
Christine Hall, Stormwater Program Supervisor
NC DEQ Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: NC DEQ Master Stormwater Permit SW8 970105 Minor Modification - Tract 3
NC DEQ Master Stormwater Permit SW8 970105 Renewal
Smith Crook Station
High Density Project
Wilmington, NC
New Hanover County. NC
K3 Project No. 20004
Dear Ms. Hall:
Enclosed for review are two (2) orirrlinai Slate Stormwater Perrnilling Form Ts: Minor
Modification Applications, two (2) original State Stormwater Permitting Renewal Applications
forms, one (1) check in the amount of $505.00 payable to NC DEQ for the State Stormwater
Permitting Renewal Application fee, two (2) copies of tho last NC DEO Master Stormwater
Permit SW8 970105 Modification with Renewal dated November 23, 2009, two (2) copies of
the last NC DEO Master Slormwater Permit SW8 970105 Name Change/Ownership Change
dated March 26, 2010, two (2) copies of the last NC DEO Master Stormwater Permit SW8
970105 Approved Plan Revision dated March 3, 2011, two (2) copies of the last New Hanover
County Grading Permit No. 99.96 Revision dated January 6. 2011, two (2) copies of lire
Engineers Certification for the existing NC DEO Master Stormwater Permit SW8 970105 Storm
Water Control Measures, two (2) copies of the Smith Creek Retail, LLC Secretary of State's
Office Information, two (2) copies of the Smith Creek Retail, LLC Operating Agreement, two (2)
copies of the First Amendment to the Smith Creek Retail, LLC Operating Agreement
designating the Pemtittee's signature authority as a manager of Smith Creek Retail, LLC, two
(2) copies of the Assignment Of Membership interest for Smith Creek Retail, LLC, two (2)
copies of the property deeds, Iwo (2) copies of the existing NC DEQ Deed Restriction Forms
DRPC•1 and DRPC-2, two (2) copies of the Stormwater and Erosion Control Narrative for the
NC DEC) Master Stormwater Permit SW8 970105 Minor Modification • Tract 3, the NC DEQ
Master Stormwater Permit SW8 970105 Renewal and the Now Hanover County Grading
Permit No. 99.96 Revision, two (2) copies of the signed and sealed Smith Creek Station
14

i
KUSKE3 ENGINEERING, PLLC
JOHN A. KUSKE, III, P.E.
321 SOUTH KERR AVENUE, No. 1 15 • WILMINGTON. NC 28403 • LICENSE NO. P-0909 • (P) 910-471.4041 • [e-mail]
SMITH CREEK STATION
STATE STORMWATER PERMITTING HISTORY
STATE STORMWATER PERMIT SW8 970105
■ 3/11/97 - SMITH CREEK STATION INITIAL PERMIT ISSUED TO BAITA
DEVELOPMENT COMPANY, LLC
o APPROVED PLAN SHEETS PREPARED BY ANDREW & KUSKE
CONSULTING ENGINEERS, INC.
■ SMITH CREEK STATION COVER SHEET —
BAITA DEVELOPMENT
COMPANY, LLC
■ C1A — SMITH CREEK STATION GRADING,
DRAINAGE, EROSION
CONTROL & UTILITY PLAN
■ C1B — SMITH CREEK STATION GRADING,
DRAINAGE, EROSION
CONTROL & UTILITY PLAN
■ C1C — SMITH CREEK STATION GRADING,
DRAINAGE, EROSION
CONTROL & UTILITY PLAN
■ C1D — SMITH CREEK STATION GRADING,
DRAINAGE, EROSION
CONTROL & UTILITY PLAN
■ C2A — SMITH CREEK STATION LAYOUT PLAN
■ C213 — SMITH CREEK STATION LAYOUT PLAN
■ C2C — SMITH CREEK STATION LAYOUT PLAN
■ C21) — SMITH CREEK STATION LAYOUT PLAN
■ C5 — SMITH CREEK STATION SANITARY SEWER PROFILES
■ C6 — DETAIL SHEET
■ 6111/97 - SMITH CREEK STATION PERMIT ISSUED TO HOME DEPOT, USA, INC.
o APPROVED PLAN SHEETS PREPARED BY ANDREW & KUSKE
CONSULTING ENGINEERS, INC.
■ SMITH CREEK STATION COVER SHEET— HOME DEPOT USA, INC.
■ C1A — SMITH CREEK STATION GRADING, DRAINAGE, EROSION
CONTROL & UTILITY PLAN

r
• C113 — SMITH CREEK STATION GRADING, DRAINAGE, EROSION
CONTROL & UTILITY PLAN
■ C1C — SMITH CREEK STATION GRADING, DRAINAGE, EROSION
CONTROL & UTILITY PLAN
■ C1D — SMITH CREEK STATION GRADING, DRAINAGE, EROSION
CONTROL & UTILITY PLAN
• C2A — SMITH CREEK STATION LAYOUT PLAN
• C213 — SMITH CREEK STATION LAYOUT PLAN
• C2C — SMITH CREEK STATION LAYOUT PLAN
■ C2D — SMITH CREEK STATION LAYOUT PLAN
■ C5 — SMITH CREEK STATION SANITARY SEWER PROFILES
■ C6 — DETAIL SHEET
• 9/25/97 - SMITH CREEK STATION PLAN REVISION PERMIT ISSUED TO HOME
DEPOT, USA, INC.
o APPROVED PLAN SHEETS PREPARED BY ANDREW & KUSKE
CONSULTING ENGINEERS, INC.
■ SMITH CREEK STATION COVER SHEET — HOME DEPOT USA, INC.
■ C1A — SMITH CREEK STATION GRADING, DRAINAGE,
EROSION
CONTROL & UTILITY PLAN
■ C1B — SMITH CREEK STATION GRADING, DRAINAGE,
EROSION
CONTROL & UTILITY PLAN R4 8/13/97
• C1C — SMITH CREEK STATION GRADING, DRAINAGE,
EROSION
CONTROL & UTILITY PLAN R4 8/13/97
■ C1D — SMITH CREEK STATION GRADING, DRAINAGE,
EROSION
CONTROL & UTILITY PLAN
■ C2A—SMITH CREEK STATION LAYOUT PLAN
■ C213 — SMITH CREEK STATION LAYOUT PLAN
■ C2C — SMITH CREEK STATION LAYOUT PLAN R1 8/13/97
■ C21D — SMITH CREEK STATION LAYOUT PLAN
• C5 — SMITH CREEK STATION SANITARY SEWER PROFILES
■ C6 — DETAIL SHEET R2 8/13/97
■ C7 — DETAIL SHEET R1 6/5197
• 11/23/09 - SMITH CREEK STATION MODIFICATION WITH RENEWAL PERMIT
ISSUED TO SMITH CREEK STATION, LLC.
o APPROVED PLAN SHEETS PREPARED BY NORRIS, KUSKE & TUNSTALL
CONSULTING ENGINEERS, INC.
■ SMITH CREEK STATION STORMWATER MASTER PLAN

• 3/26/10 - SMITH CREEK STATION NAME AND OWNERSHIP CHANGE ISSUED TO
SMITH CREEK RETAIL, LLC.
o NO PLANS REQUIRED.
• 3/3/11 — SMITH CREEK STATION PLAN REVISION ISSUED TO SMITH CREEK
RETAIL, LLC.
o APPROVED PLAN SHEETS PREPARED BY NORRIS, KUSKE & TUNSTALL
CONSULTING ENGINEERS, INC.
• Cl — EXISTING SITE CONDITIONS, REMOVAL AND EROSION
CONTROL PLAN
SMITH CREEK STATION — TRACT #2-A2
PORT CITY JAVA UPFIT
■ C2 —GRADING, DRAINAGE, EROSION CONTROL AND LAYOUT PLAN
SMITH CREEK STATION — TRACT #2-A2
PORT CITY JAVA UPFIT
• C3 — DETAILS AND NOTES
SMITH CREEK STATION — TRACT #2-A2
PORT CITY JAVA UPFIT
■ SMITH CREEK STATION STORMWATER MASTER PLAN R3 11/12/10
• — SMITH CREEK STATION PERMIT RENEWAL, CORRECTION AND MINOR
MODIFICATION.
o PLAN SHEETS PREPARED BY KUSKE3 ENGINEERING, PLLC.
• Cl — SITE INVENTORY, EXISTING SITE CONDITIONS AND EROSION
CONTROL PLAN
SMITH CREEK STATION — TRACT 3 (3RD REVISION)
02 FITNESS OUTDOOR FITNESS PAD
■ C2 —GRADING, DRAINAGE, EROSION CONTROL AND LAYOUT PLAN
SMITH CREEK STATION — TRACT 3 (3RD REVISION)
02 FITNESS OUTDOOR FITNESS PAD
■ C3 — NOTES AND DETAILS
SMITH CREEK STATION — TRACT 3 (3RD REVISION)
02 FITNESS OUTDOOR FITNESS PAD

• C4 - NOTES AND DETAILS
SMITH CREEK STATION -TRACT 3 (3RD REVISION)
02 FITNESS OUTDOOR FITNESS PAD
■ C5 -NOTES AND DETAILS
SMITH CREEK STATION - TRACT 3 (3RD REVISION)
02 FITNESS OUTDOOR FITNESS PAD
■ SMITH CREEK STATION STORMWATER MASTER PLAN R4 10/05/20

A.
B.
Attachment C - SW8 970105 - Smith Creek Station - Impervious Area Summary
Lot # from
Master
Offsite
Permit
Offsite Project Name
Pond 1
Allocated BUA
Pond 2
Allocated BUA
Total Allocated
31312011
688,248
DATE TBD
688,248
31312011
DATE TBD'
Future Impervious Area Available)
0
0
20,191
OP 1A
SW8 070315
Hampton Inn
119,572
119,572
OP 2A
SW8 100303
Buffalo Wild Wings
110,251
110,251
OP 3R
SW8 000840
Alpha Graphics) /ALLWAYS GRAPHICS
49,005
49,005
OF 4A
SW8 000719
Land Rover
80,760
80,760
OP 5R
SW8 021113
Japanese Steak House
40,772
40,772
OF 6R
SW8 000418
Texas Roadhouse
43,516
43,516
Tract 1R
SWB 071007
Home Depot
364,597
364,597
Tract 3,'
SW8 970105;
02 Fitness (formerly Gold's Gym),'
1_56,816
Tract 2-A2
SW8 970105
Port City Java
Tract 2R
SW8 071008
Kohl's
13,068
13,068
274,428
274,428
C •'The 02 Fitness facility had been allocated 156,816sf of BUA. But, they only constructed 139,392sf. On DATE the
facility added a 5,100sf outdoor fitness pad.
KELLY,
NOTE THE FOLLOWING COMMENTS:
A. THE FUTURE/UNALLOCATED IMPERVIOUS AREA AVAILABLE FOR POND 2 IS 20,191 SF
PER THE DATA IN THE EXISTING STORMWATER MASTER PERMIT AND THE APPROVED
STORMWATER MASTER PLAN. THE 32,515 SF NUMBER LISTED IN THE TABLE ABOVE
INCLUDES 12,324 SF OF IMPERVIOUS AREA/BUA THAT IS ALLOCATED TO TRACT 3 PER
THE DATA LISTED IN THE STORMWATER MASTER PERMIT, THE MARCH 3, 2011 PLAN
REVISION AND THE APPROVED STORMWATER MASTER PLAN. REQUEST TO KEEP THEU;E'` ,C
12,324 SF OF FUTURE IMPERVIOUS AREA/BUA SPECIFIC TO TRACT 3 PER T �/ G
EXISTING PERMITS AND THE EXISTING AND REVISED STORMWATER MASTER P • JAN 19 2029
B. THE TOTAL IMPERVIOUS AREA/BUA ALLOCATED TO TRACT 3 IS 156,816 SF ppyy THE
DATA IN THE EXISTING STORMWATER MASTER PERMIT AND THE APPROVED STO;ux7m --
MASTER PLAN. REQUEST TO KEEP THE TOTAL ALLOCATED IMPERVIOUS AREA/BUA OF
156,816 SF SPECIFIC TO TRACT 3 PER THE EXISTING PERMITS AND THE
EXISTING/REVISED STORMWATER MASTER PLAN. TRACT 3: 156,816 SF - 139,392 SF
- 5,100 SF = 12,324 SF REMAINING/FUTURE IMPERVIOUS AREA AVAILABLE FOR
TRACT 3.
C. TO CLARIFY THE STATEMENT, NOTE THAT 02 FITNESS IS A LEASE TENANT THAT DOES
NOT HAVE ANY PERMITTED IMPERVIOUS AREA ALLOCATION. THE PROPERTY
OWNER/PERMITTEE, SMITH CREEK RETAIL, LLC HAS A 156,816 SF IMPERVIOUS
AREA/BUA ALLOCATION FOR TRACT 3 PER THE DATA IN THE EXISTING STORMWATER
MASTER PERMIT AND THE APPROVED STORMWATER MASTER PLAN. REQUEST TO KEEP THE
TOTAL ALLOCATION FOR TRACT 3 AS CURRENTLY PERMITTED/APPROVED. SO,THE STATEMEMT
MAY READ AS FOLLOWS:
TRACT 3 IS ALLOCATED 156,816 SF OF BUA. THE OWNER OF TRACT 3 HAS CONSTRUCTED
139,392 SF OF BUA ON TRACT 3. THE OWNER OF TRACT 3 ADDED A 5,100 SF OUTDOOR
FITNESS PAD FOR THEIR LEASE TENANT 02 FITNESS ON DATE. THE REMAINING FUTURE
IMPERVIOUS AREA ALLOCATION FOR TRACT 3 IS 12,324 SF.
20,191
156,816

1 ff%j
State Stormwaler Management Systems
Permit No. SW8 970105
The
following design elements have been permitted for the wet detention ponds 1 and 2 and
must
be maintained at design condition:
(POND 1)
POND 2)
a.
Drainage Area, acres
18.65
19.32
(square_feet)
(812,394)
(841,579)
b.
;Total Impervious Surfaces, ftl;
88,248)
706,_286)
Outparcel1A
119,572
4
Outparcel2A
110,251
-0-
Outparcel313
-0-
49,005
Outparcel4A
80,760
-0-
Outparcel5R
-0-
40,772
Outparcel6R
-0-
43,516
Tract 1 R
364,597
49,658 _
;Tract 3'
Oy
'156,816`
Tract 2-A2
-0-
73,900
Tract 213
13,068
274,428
(Future)
-0-
'20,161) UNALLOCATED/FUTURE
c.
Pond Design Depth, feet:
7.5
7,5 aUA POND 2
d.
Permanent Pool Elevation, FMSL:
33.1
34
e.
Provided Surface Area, ft':
32,400
37,000
f.
Provided Storage Volume, ft3:
62,190
62,480
g.
Temporary Storage Elevation, FMSL:
34.9
35.6
h.
Controlling Orifice;
3.5"cp pipe
3.5"cp pipe
i.
Name of Receiving Stream/Index #:
Smith Creek ( (CFR 18-74-63 )
j.
Classification of Water Body:
"C Sw"
II. SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will
be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to assure the
permitted stormwater system functions at optimum efficiency. The approved Operation and
Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
13
a. Semiannual scheduled Inspections (every 6 months). -
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes In accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and
piping.
g. Access to the outlet structure must be available at all times.
h. The vegetated filter will be maintained with grass and with no erosion. The spreader
mechanism will be kept free of sediment and trash, and must distribute the runoff evenly
across the width of the filter.
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.
Page 3 of 9

COMMENT 2 PAST E-MAIL CORRESPONDENCE
From: John Kuske [e-mail]]
Sent: February 17, 2011 5:03 PM
To: 'Amy'
Subject: FW: Smith Creek Station Port City Java, SW8 970105
Attachments: 970105.dec10.pdf; 201102 CEI_Pictures 970105.pdf
JOHN A. KUSKE, 111, P.E.
KUSKE3 ENGINEERING, PLLC
PO Box 4031
WILMINGTON, NC 28406
LICENSE NO: P-0909
PHONE: [phone]
E-MAIL: [e-mail]
It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting
Engineers, Inc. that this electronic information provides design information current as of the date of its
release. It shall be the responsibility of the party receiving the data to examine it to see that it contains
the necessary files and information requested. In transferring the files in electronic media format, Kuske3
Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as
to the usability or readability of documents resulting from the use of software application packages,
operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC and
Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data.
From: John Kuske, III rmallto:ikuske3@nktenq coml
Sent: Wednesday, February 09, 2011 9:44 AM
To: 'John Kuske'
Cc: ikuske3C&kuske3eng.com
Subject: FW: Smith Creek Station Port City Java, SW8 970105
ECEIVE
John A. Kuske, III, P.E. n
JAN 19 2021 I Norris, Kuske &Tunstall Consulting Engineers, Inc. �/
902 Market Street
Wilmington, NC 28401 BY:
910-343-9653(Phone)
910-343-9604(Fax)
It is the professional opinion of Norris, Kuske & Tunstall Consulting Engineers, Inc. that this electronic
information provides design information current as of the date of its release. It shall be the responsibility
of the party receiving the data to examine it to see that it contains the necessary files and information
requested. In transferring the files in electronic media format, Norris, Kuske & Tunstall makes no
representations as to the usability or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those used by Norris,
Kuske & Tunstall in the preparation of such data.

From: Johnson, Kelly rmailto:kellv.o.iohnson@ncdenr.00vl
Sent: Monday, February 07, 2011 1:49 PM
To: ikuske(cbnkteno.com
Subject: FW: Smith Creek Station Port City Java, SW8 970105
John,
It appears that some of our original file is missing. For instance. The original PE certification is not on
file, but we obviously received it at some point because you submitted a copy with our date received
stamp. We are also missing the pages of the plans that show all of the pond information (dimensions,
PPE, TPE etc), and many of the other standard elements that should be on permitted plans. I do not
know what happened to the original file before I became involved, and I apologize that things were lost,
but I need to try to get some resolution on this so that we can move forward.
With that said, do you all have a copy of the sheets that have been approved. In particular, we really
need the ones that show the pond information. This may go back to the "Andrew and Kuske" days. If
you don't have them, perhaps I can get copies of them from the city or county.
I did an inspection today, and here is what I found:
1.) Ponds: Everything looks to be in order except for the berm(s) (see pictures attached). One
pond has a berm (which is blown out) and the other pond does not (or else it is underwater
from the recent rain). It seems that if we permitted both ponds at the same time both of them
would have berms, but again we do not have the pond plan sheets to verify that. Also, one
pond has some debris floating around the outlet that should be removed.
2.) Deed Restrictions: I see that the intended deed restrictions have been recorded, but not the
recorded restrictions. I understand that if the permittee is going to sell land that the restrictions
are often signed and notarized to be recorded at the real estate closure. But, he should have
recorded deed restrictions prior to the sale of each of the lots that have already been sold. We
just need copies of the restrictions that have been recorded for all of the sold lots. If those
haven't been recorded, then we will have to discuss that further.
Thanks,
Kelly
From: Johnson, Kelly
Sent: Thursday, December 09, 2010 9:47 AM
To: '[e-mail]'
Subject: Smith Creek Station Port City Java, SW8 970105
John,
Please see the attached letter which will be mailed today.
Thanks,
KJ
***My email has changed to [e-mail]
�,/eUwohvtisovt.

Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.
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the necessary files and information requested. In transferring the riles in electronic media format, Kuske3
Engineering, PLLC and Norris, Kuske & Tunslall Consulting Engineers, Inc. makes no representations as
to the usability or readability of documents resulting from the use of software application packages,
operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC and
Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data.
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Version: 10.0.1204 / Virus Database
1435/3451 -Release Date: 02/18/11

From:
Lewis,Linda [[e-mail]]
Sent:
Thursday, February 17, 2011 5:29 PM
To:
[e-mail]
Cc:
'Amy'; Johnson, Kelly
Subject:
RE: Smith Creek Station
Congratulations on the new company! Bad time to be out on your own. Best of luck.
Thanks for the detailed update — we really appreciate you being willing to restock our missing
plans. I hate having to ask for them, it reflects badly on us, but the file is large and complicated
and it's understandable that plans can go missing.
I believe Kelly looked in all the offsite files and didn't find the original 1997 pond details sheets.
Chris may have accidentally thought they weren't needed any more, what with the many
revisions over the years, or they may have accidentally been sent to the applicant as part of
their approved plan set, when they should have stayed in our file. Who knows? Can you ask
the permittee if they received a duplicate set of the approved 1997 details? I'll go look in Chris'
office and in the offsite files again just to be sure.
Thanks,
Linda
Please note my new email address is [e-mail]
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
From: John Kuske [mailto:[e-mail]]
Sent: Thursday, February 17, 2011 5:02 PM
To: Lewis,Linda
Cc: 'Amy'
Subject: Smith Creek Station
Linda,
I received your voice message after I sent the message below.
Forming my own company is a good thing. John, Phil and I are on good terms and we will continue to
interact and share information as necessary.
Concerning Smith Creek Station, I will provide the necessary information to NC DENR for this project as
well as any other projects of mine as necessary. As you know, I value my relationship with you and
everyone at NC DENR and working together is always a pleasure.

Amy will pull the files and I will meet with her next week. I have asked her to correspond with you and
Kelly as necessary so we can concentrate on providing the correct information.
As you know and if memory serves me correctly the original permit was issued to Baita Development in
1996 and reissued to Home Depot in 1997. Then I think we did a name change to Smith Creek Station,
LLC prior to the Kohl's project which was done as a revision. Gene Miller, Lat Purser and I met with you
and Rick Shriver to discuss the Kohl's. During that meeting I disclosed that my clients were aware that
the entire shopping center needed to be re permitted because the property had been subdivided and
sold to several existing tenants. In exchange for an expedited revision approval for the Kohl's project,
my clients committed to letting me re permit the shopping center as necessary.
After construction, Kohl's purchased their tract and I reminded my client's they needed to honor their
commitment to re permit the center and bring it into compliance, etc. The re permitting was done by
me in conjunction with the Hampton Inn project that I did in 2005. Prior to re permitting the center,
several offsite permits were issued for Always Graphics which was formerly Alpha Graphics, Texas Road
House and Hiro/Soho Japanese Restaurant. Re permitting consisted of me developing the current
approved master plan and the Hampton Inn Plans which were submitted at the same time. The
submittal included offsite permits for Hampton Inn, Kohl's, Home Depot and Land Rover and a Master
Permit Modification Renewal. The submittal was reviewed by Chris Baker. Several months after the
offsite permits were issued, we discovered that the Master Permit was never issued. Rhonda Hall
contacted us about the renewal and we informed her that the permit was never issued. She requested
new O&M agreements which we were not submitted before she transferred to the Land Quality
Section. Then you contacted me and I think we resubmitted the package which led to you approving the
master plan and issuing the Master Permit Modification Renewal.
Then I designed and submitted the Buffalo Wild Wings Project. The submittal included an offsite permit
for Buffalo Wild Wings and a name change and revision for the Master Permit. The project was
reviewed by Chris Baker. Chris issued the offsite permit for Buffalo Wild Wings and a letter approval for
the Master Permit name change and revision. I thought that Janet and Chris had the files during the
express review meeting? I may be mistaken.........
Then I submitted the master permit revision request which is currently under review. Anyway, maybe
the summary above will help you locate the files as they could be mixed in with one of the many offsite
permit files? All the pertinent permit information is on the master plan. If not I will provide whatever
you need because it is important that the files be restored for NC DENR and the general public.
Please share this with Kelly and tell her I appreciate her prompt attention to this matter. Amy and I will
be back in touch with both of you soon.
Thanks,
JOHN A. KuSKE, 111, P.E.
KUSKE3 ENGINEERING, PLLC
PO Box 4031
WILMINGTON, NC 28406
LICENSE No: P-0909
PHONE: [phone]
E-MAIL: [e-mail]

It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting
Engineers, Inc. that this electronic information provides design information current as of the date of its
release. It shall be the responsibility of the party receiving the data to examine it to see that it contains
the necessary files and information requested. In transferring the files in electronic media format, Kuske3
Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as
to the usability or readability of documents resulting from the use of software application packages,
operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC and
Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data.
From: John Kuske [mailto:[e-mail]]
Sent: Wednesday, February 16, 2011 11:35 AM
To: '[e-mail]'
Cc: '[e-mail]'
Subject: Missed Your Call
Linda,
I hope you are doing well.
Note my new contact information below. You were on my list to contact about my new company and
Smith Creek Station.
Please call me again soon.
Thanks,
JOHN A. KUSKE, III, P.E.
KUSKE3 ENGINEERING, PLLC
PO Box 4031
WILMINGTON, NC 28406
LICENSE No: P-0909
PHONE: 910,471 ,4041
E-MAIL: [e-mail]
It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting
Engineers, Inc. that this electronic information provides design information current as of the date of its
release. It shall be the responsibility of the party receiving the data to examine it to see that it contains
the necessary files and information requested. In transferring the files in electronic media format, Kuske3
Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. makes no representations as
to the usability or readability of documents resulting from the use of software application packages,
operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC and
Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data.

No virus found in this message.
Checked by AVG - www.avg com
Version: 10.0.1204 / Virus Database: 1435/3451 - Release Date: 02/18/1 1

r� A
A& \06 #\ 1159m v
(L`f w \Sf \m\ e-14P�s lu>
KUSKE3 ENGINEERING, PLLC
JOHN A. KUSKE, III, P.E.
321 SOUTH KERN AVENUE, NO. 1 15 • WILMINGTON, NC 28403 • LICENSE NO. P-0909 • (P) 910471-4041 • [e-mail]
January 15, 2021 RECEIVED
Kelly Johnson, NC DEQ Environmental Engineer III JAN 19 202,
NC DEQ Wilmington Regional Office
127 Cardinal Drive Extension NCOEQ
Wilmington, NC 28405 WILMINGTONRO
Subject: Response to Request for Additional Information Comments
NC DEQ Master Stormwater Permit SW8 970105 Minor Modification - Tract 3
NC DEC Master Stormwater Permit SW8 970105 Renewal
Smith Creek Station
High Density Project
Wilmington, NC
New Hanover County, NC
K3 Project No. 20004
Dear Ms. Johnson:
I am responding to your Request for Additional Information comments associated with the
subject project Stormwater Permit SW8 970105 Minor Modification and Renewal submittal
requests.
Based on my review of your comments, I offer the following responses:
1. Concerning signature authority, I understand your comments and observations. I noted
the same prior to submitting for the subject permits. My client/owner/permittee
confirmed that he, Henry E. Miller, III, is a member/manager of Smith Creek Retail, LLC
per the information listed in the Smith Creek Retail, LLC Operating Agreement and the
First Amendment to the Smith Creek Retail, LLC Operating Agreement. Both
documents are included in my original submittal that you have. My
client/owner/permittee also confirmed that the information listed on the annual report
referenced in your comment was not correct. My client/owner/permittee has filed an
Amended Annual Report with the North Carolina Secretary of State Office. The
Amended Annual Report lists Henry E. Miller, III as a Manager of Smith Creek Retail,
LLC. A copy of the Amended Annual Report is enclosed for your review.
2. Concerning plan sheets, now the only current approved plan associated with NC DEQ
Master Stormwater Permit SW8 970105 is the Smith Creek Station Stormwater Master
Plan. The original approved Smith Creek Station Stormwater Master Plan on file was
reviewed by Linda Lewis and approved under State Stormwater Permit No. SW8
970105 Modification with Renewal, dated November 23, 2009. A copy of this permit is

included in my current submittal. The approved Smith Creek Station Stormwater Master
Plan has been revised several times. All revisions are noted on the Smith Creek Station
Stormwater Master Plan. The last revision to the Smith Creek Station Stormwater
Master Plan is included in my current submittal for reference and was approved by you
for the Port City Java Upfit under the SW8 970105 Plan Revision dated March 3, 2011.
The latest revision to the Smith Creek Station Stormwater Master Plan included in my
current submittal shows the proposed 02 Fitness Outdoor Fitness Pad improvements
on Tract 3. Like the past Port City Java Plan Revision submittal, I had to prepare
separate construction plans for the 02 Fitness Outdoor Fitness Pad improvements to
obtain other required City and County approvals. The construction plans for the 02
Fitness Outdoor Fitness Pad improvements are included in my current submittal and are
a supplement to the Smith Creek Station Stormwater Master Plan. I guess these plans
should replace any other plan sheets associated with improvements shown on Tract 3.
Again, now the only current approved plan associated with NC DEQ Master Stormwater
Permit SW8 970105 is the Smith Creek Station Stormwater Master Plan. The current
Narrative you have includes a detailed explanation of the current Minor Modification and
Renewal request. The revised Smith Creek Station Stormwater Master Plan included in
my current submittal will replace the last master plan approved under the Port City Java
Plan Revision dated March 3, 2011. Note the past e-mail correspondence from you and
Linda Lewis enclosed that documents the history of the last permit renewal, the project
offsite permitting and the agreement to prepare a Stormwater Master Plan. It is
convoluted and confusing so please call or respond with any questions or comments.
3. Note my review comments in red on the enclosed Impervious Area Summary table.
Please call or respond with any questions or comments. When the table is finalized, I
will update/add it into the signed original deed restriction forms that you have as the
signature authority will not change.
4. You have two (2) signed originals of the two (2) required NC DEQ Deed Restriction
Forms. The signature authority will not change. When the table is finalized, I will
update/add it into the signed original deed restriction forms that you have. Call or
respond to discuss. A copy of the Additional Deed Restriction Information submittal is
enclosed as a reminder.
Please review this information for approval and contact me with any questions or comments
you may have. Thank you for your assistance on this project.
Sincerely,
K KE3 EN I FEE NG, PLLC
J n A. Kuske III, .E.
Enclosures
cc: Phil Begany, Lat Purser & Associates, Inc., Sr. VP of Raleigh Operations
Henry E. Miller, III, Smith Creel Retail, LLC, Manager

�`�. � LIMITED LIABILITY COMPANY ANNUAL REPORT ■
n11z
IOI3017
NAME OF LIMITED LIABILITY COMPANY: 'Smith Creek Retail, LLC
SECRETARY OF STATE ID NUMBER: 0896764 STATE OF FORMATION: NC
REPORT FOR THE CALENDAR YEAR: 2021
SECTION A:
1. NAME OF REGISTERED AGENT: Purser. Lat W III
2. SIGNATURE OF THE NEW REGISTERED AGENT:
E - Filed Annual Report
CA202101100605
1/11/2021 11:15
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS
4530 Park Road, Suite 410 4530 Park Road, Suite 410
Charlotte, NC 28209-3790 Mecklenburg County Charlotte, NC 28209-3790
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Commercial Real Estate
2. PRINCIPAL OFFICE PHONE NUMBER: (704) 5194211 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS
4530 Park Road, Suite 410
NC 28209-3790
5. PRINCIPAL OFFICE MAILING ADDRESS
4530 Park Road, Suite 410
Charlotte, NC 28209-3790
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Lat W Purser, III NAME: Henry E Miller III
TITLE: Manager TITLE: Manager
ADDRESS:
ADDRESS:
4530 Park Road, Suite 410 P O Box 12729
Charlotte, NC 28209-3790 Wilmington, INC 28405
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Lat W Purser III
SIGNATURE
Form must be signed by a Company Official listed under Section C of This form.
Lat W Purser III
1/11/2021
DATE
Manager
Print or Type Name of Company Official Print or Type The of Company
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525

LIMITED LIABILITY COMPANY ANNUAL REPORT1012017
■
NAME OF LIMITED LIABILITY COMPANY: Smith Creek Retail, LLC
SECRETARY OF STATE ID NUMBER: 0896764
REPORT FOR THE CALENDAR YEAR: 2020
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Purser. Lat W III
2. SIGNATURE OF THE NEW REGISTERED AGENT:
STATE OF FORMATION: NC
E - Filed Annual Report
202010612981
5I2020 03:46
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS
4530 Park Road, Suite 410 4530 Park Road, Suite 410
Charlotte, NC 28209-3790 Mecklenburq County Charlotte, NC 28209-3790
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Commercial Real Estate
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS
4530 Park Road, Suite 410 4530 Park Road, Suite 410
Charlotte, NC 28209-3790 Charlotte, NC 28209-3790
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAM : Hplel Realt LLC NAME: Lat W Purser, III
TITLE: TITLE: Manager
ADDRESS:
P 0 Box 42
Wrightsville Beach, NC 28480
ADDRESS:
4530 Park Road, Suite 410
Charlotte, NC 28209-3790
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a persontbusiness entity.
Lat W Purser III
SIGNATURE
Form must be signed by a Company Official listed under Section C of This form.
4/15/2020
DATE
Lat W Purser III Manager
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Business Registration Division, Past Office Box 29525, Raleigh, INC 27626-0525

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
December 21. 2020
Via email only: hank. miller(a�,email.com
Smith Creek Retail, LLC
Attn: Henry E. Miller, 111
PO Box 42
Wrightsville Beach, NC
NORTH CAROLINA
Environmental Quality
Subject: Request for Additional Information
Stormwater Project No. SW8 970105
Smith Creek Station
New Hanover County
Dear Mr. Miller
The Wilmington Regional Office received and accepted a modified State Stormwater Management Permit
Application for the subject project on October 13, 2020. A preliminary in-depth review of that information has
determined that the application is not complete, and that additional information is needed. To continue the
review, please provide the following additional information in a single, hard copy submittal package:
✓� Signature Authority [15A NCAC 02F1.1042(2)(a)]: Smith Creek Retail, LLC is managed by Law W.
Purser, III and Hplel Realty, LLC per the 2020 Annual Report filed with the NC Secretary of State.
("Hplel Realty, LLC" is not listed with the NC Secretary of State. There is a "Hplel Realty
Associates, LLC" that is dissolved which was managed by Henry Miller, Jr.) Henry Miller, III has
signed the application documents for the renewal and the minor modification. The regulations require
that the individual signing for the permits to either be a manager of the LLC or to have had signature
4Uthority transferred to them. Please clarify Henry Miller, Ill's signature authority.
2. Plan Sheets: Are the plan sheets submitted for the modification intended to fully replace previously
yQ4w' permitted sheets? If there are previous sheets that are intended to be brought forward and re-
O' permitted, please submit a list of those sheet numbers and dates permitted.
3. Impervious Area Table: Please verify that the data in the attached table reflects the changes that you
are requesting. If not, please make any necessary corrections.
4. Deed Restrictions: Please submit either recorded deed restrictions reflecting the data in the enclosed
table or the standard deed restriction form attached to the table an signed by an individual with
signature authority.
Please remember to confirm that any revised information is presented consistently throughout the application
documents including calculations, supplements, narrative, and plans. Please also remember to provide two hard
copies of any updated documents per 15A NCAC 02H.1042(2).
All of the requested information listed above should be received in this Office by January 15, 2021, or the
application will be returned as incomplete. If additional time is needed to submit the requested information,
please email your extension request prior to this due date to the email address provided below with ajustification
and a date of when the requested information will be submitted, which shall be no later than 15 days past the
original due date. Please note that only two letters requesting additional information is allowed in the ,State
Stormwater Programfor a total of 30 days to submit the requested additional information. If the information is
not satisfactorily provided after either the ,second request or 30 days, the project will be returned. If the project is
returned and you wish to re -submit later, you will need to resubmit all required items at that time, including the
application fee.
North Carolina Department of Environmental Quality I DivislonofEnergy. Mineral and Land Resources
Wilmington Regional office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
��•�� 910.796.7215

State Stormwater Permit No. S W8 97CI05
Page 2 of 2
The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation
Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS
143-215.6A.
Please reference the State assigned project number on all correspondence. If you have any questions concerning
this matter, please feel free to call me at [phone] or email me at [e-mail].
Sincerely,
z� PAW"
Kelly Johnson
Environmental Engineer
DES/kpj: %Stormwater\Permits & Projects\ 1 997\970105 HD\2020 12 addinfo 970105
enc: Impervious Area Table
cc: John Kuske. PE,; via email. [e-mail]
Wilmington Regional Office Stormwater File

Attachment C - SW8 970105 - Smith Creek Station - Impervious Area Summary
Lot # from
Master
Offsite
Permit
Offsite Project Name
Pond 1
Allocated BUA
Pond 2
Allocated BUA
Total Allocated
313/2011 1
DATE TBD
1 31312011
1 DATE TBID
688,2481
688,2481
708,2861
708,286
Future Impervious Area Available
01
01
20,1911
32,515
OP 1A
SW8 070315
Hampton Inn
119,572
119,572
OP 2A
SW8 100303
Buffalo Wild Wings
110,251
110,251
OP 3R
SW8 000840
Alpha Graphics
49,005
49,005
OP 4A
SW8 000719
Land Rover
80,760
80,760
OP 5R
SW8 021113
Japanese Steak House
40,772
40,772
OP 613
SW8 000418
Texas Roadhouse
43,516
43,516
Tract 1 R
SW8 071007
Home Depot
364,597
364,597
49,658
49,658
Tract 3
SW8 970105
02 Fitness (formerly Gold's Gym)
156,816
144,492
Tract 2-A2
SW8 970105
Port City Java
73,900
73,900
Tract 2R
SW8 071008
Kohl's
13,068
13,068
274,4281
274,428
1The 02 Fitness facility had been allocated 156,816sf of BUA. But, they only constructed 139,392sf. On DATE the
facility added a 5,100sf outdoor fitness pad.

Johnson, Kelly
From: Johnson, Kelly
Sent: Monday, December 21, 2020 10:12 AM
To: John Kuske
Cc: [e-mail]
Subject: Smith Creek Station - State Stormwater - SW8 970105 Renewal and Minor Modification
Attachments: 2020 12 addinfo 970105.pdf, 2020 12 master table 970105 Draft.xlsx
John,
The request for additional information is attached.
Merry Christmas,
Kelly
i:.eLLL Dhv'SDvu
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 284OS-384S
Phone: [phone]
Note Change in Phone Number
From: John Kuske <[e-mail]>
Sent: Tuesday, December 1, 2020 5:29 PM
To: Johnson, Kelly <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>
Subject: RE: [External] NC DEC. SW8 970105 MINOR MODIFICATION SUBMITTAL AND SW8 970105 RENEWAL SUBMITTAL
Kelly,
I understand and appreciate your prompt response.
I look forward to hearing from you at the appropriate time.
Thanks,
JOHN A. KusKE, III, P.E.
KUSKE3 ENGINEERING, PLLC
321 SOUTH KERR AVENUE, UNIT 1 15
WILMINGTON, NC 28403
LICENSE NO: P-0909
PHONE: [phone]

E-MAIL: [e-mail] " ' .-
It is the professional opinion of Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting Engineers, Inc. that
this electronic information provides design information current as of the date of its release. It shall be the responsibility of
the party receiving the data to examine it to see that it contains the necessary files and information requested. In
transferring the files in electronic media format, Kuske3 Engineering, PLLC and Norris, Kuske & Tunstall Consulting
Engineers, Inc. makes no representations as to the usability or readability of documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those used by Kuske3 Engineering, PLLC
and Norris, Kuske & Tunstall Consulting Engineers, Inc. in the preparation of such data.
From: Johnson, Kelly <[e-mail]>
Sent: Tuesday, December 01, 2020 4:29 PM
To: John Kuske <[e-mail]>
Cc: Weaver, Cameron <cameron.weaver@ncdenr,Rov>
Subject: RE: [External] NC DEQ SW8 970105 MINOR MODIFICATION SUBMITTAL AND SW8 970105 RENEWAL SUBMITTAL
Hi John,
Unfortunately there are too many variables to give estimates. It will be within 90 days of the acceptance
date. Unfortunately it is running very close to that date.
Kelly
K.t?��I�OhwSOtn,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Note Change in Phone Number
From: John Kuske <j1kus1<[e-mail]>
Sent: Tuesday, December 1, 2020 2:56 PM
To: Johnson, Kelly <[e-mail]>
Cc: Weaver, Cameron <[e-mail]>
Subject: RE: [External] NC DEQSW8 970105 MINOR MODIFICATION SUBMITTAL AND SW8 970105 RENEWAL SUBMITTAL
Kelly
I hope this message finds you well.
Can you give me your best guess about when the subject submittal will be up for review? I know you are busy
and it's the holidays, but any information you can provide would be very much appreciated.

Burd, Tina J
From: Burd, Tina 1
Sent: Wednesday, October 21, 2020 1:36 PM
To: [e-mail]
Subject: SW8 970105 - Smith Creek Station
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Renewal Application and $505.00 fee for the subject project on October 13, 2020. The project
has been assigned to Kelly Johnson and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
�
V
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

OCT 9 3 202�
JOHN A. KUSKE, III, P.E.
321 SOUTH KERR AVENUE, NO. 1 15 • WILMINGTON. NC 28403 • LICENSE NO. P-0909 • (P) 910-471-4041 • [e-mail]
October 9, 2020
Christine Hall, Stormwater Program Supervisor
NC DEQ Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: NC DEQ Master Stormwater Permit SW8 970105 Minor Modification - Tract 3
NC DEQ Master Stormwater Permit SW8 970105 Renewal
Smith Creek Station
High Density Project
Wilmington, NC
New Hanover County, NC
K3 Project No. 20004
Dear Ms. Hall:
Enclosed for review are two (2) original State Stormwater Permitting Form 7's: Minor
Modification Applications, two (2) original State Stormwater Permitting Renewal Applications
forms, one (1) check in the amount of $505.00 payable to NC DEQ for the State Stormwater
Permitting Renewal Application fee, two (2) copies of the last NC DEQ Master Stormwater
Permit SW8 970105 Modification with Renewal dated November 23, 2009, two (2) copies of
the last NC DEQ Master Stormwater Permit SW8 970105 Name Change/Ownership Change
dated March 26, 2010, two (2) copies of the last NC DEQ Master Stormwater Permit SW8
970105 Approved Plan Revision dated March 3, 2011, two (2) copies of the last New Hanover
County Grading Permit No. 99-96 Revision dated January 6, 2011, two (2) copies of the
Engineers Certification for the existing NC DEQ Master Stormwater Permit SW8 970105 Storm
Water Control Measures, two (2) copies of the Smith Creek Retail, LLC Secretary of State's
Office information, two (2) copies of the Smith Creek Retail, LLC Operating Agreement, two (2)
copies of the First Amendment to the Smith Creek Retail, LLC Operating Agreement
designating the Permittee's signature authority as a manager of Smith Creek Retail, LLC, two
(2) copies of the Assignment Of Membership Interest for Smith Creek Retail, LLC, two (2)
copies of the property deeds, two (2) copies of the existing NC DEQ Deed Restriction Forms
DRPC-1 and DRPC-2, two (2) copies of the Stormwater and Erosion Control Narrative for the
NC DEQ Master Stormwater Permit SW8 970105 Minor Modification - Tract 3, the NC DEQ
Master Stormwater Permit SW8 970105 Renewal and the New Hanover County Grading
Permit No. 99-96 Revision, two (2) copies of the signed and sealed Smith Creek Station

Stormwater Control Measure Site Observation Report stating that Pond 1 and Pond 2 are in
substantial compliance with the approved plans and NC DEQ Master Stormwater Permit SW8
970105, two (2) sets of plans showing the proposed improvements on Tract 3 for the Minor
Modification request, two (2) copies of the previously approved NC DEQ Master Stormwater
Permit SW8 970105 Smith Creek Station Stormwater Master Plan and two (2) copies of the
previously approved revised NC DEQ Master Stormwater Permit SW8 970105 Smith Creek
Station Stormwater Master Plan.
Note that the enclosed Stormwater and Erosion Control Narrative includes a detailed
explanation of the Minor Modification and Renewal request. Please also note that the current
permittee and signing official for the Minor Modification and Renewal request will remain the
same.
Please review this information for approval and contact me with any questions or comments
you may have. Thank you for your assistance on this project.
Sincerely,
KIJSKE3 ENGINEERING, PLLC
J n A. Kuske III, P. E.
Enclosures
cc: Phil Begany, Lat Purser & Associates, Inc., Sr. VP of Raleigh Operations
Henry Miller, III, Smith Creel Retail, LLC, Manager
Kelly Johnson, NC DEQ Environmental Engineer III
Cameron Weaver, NC DEQ Environmental Assistance Coordinator

Application Completeness Review
\Checklist (Non -Transfers)
Project Name: 5M "174 Ct2%,fc-
Project County/Location: L�EIA t-(./iaoJL2
Rule(s): ❑2017 Coastal �2008 Coastal ®199S Coastal
Phase 11 Universal 1:11988 Coastal
Short Version
Date Delivered to WIRO: 10/1-3
BIMS Received/Accepted Date: to f 3Z212,u
BIMS Acknowledged Date1:
Permit Action: New New Permit Az :
Major Mod Mi Ma Renewal ®Existing Permit A:
Permit Type: r—c9!? LD / LD Overall / D om o
General Permit / Offsite / Exempt / Rescission
Development Type: omm—gal / Residential / Other
Subdivided?: u division r Single Lot
Permittee Type & Documents Needed:
9Property Owner(s) Purchaser Lessee
Viable? Viable? Viable?
®Deed Purchase Agmt FiLease
Not Subdivided: Deed
Subdivision: Common Area Deed
�sz j 1 / �'02 '1
Expriation Date 3: 6ZZE) 9 %D/LS
FlOffsite to SW8:
Lot is in Master Permit?
❑PE Cert on File?
ElHOA El Developer
Viable? Viable?
Election Minutes
Paperwork
❑Application
Fee: [:]$505 (within 6mo) Check#(s): ElNo Fee
ElSupplement3 (1 new form or for older forms: 1 original per SCM)
Soils Report (Infil or PP)
Calculations (signed/sealed)
Deed Restrictions, if subdivided
Project Narrative
USGS Map (or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N
Plans (2 Sets)
PE Certification
Electronic Copies
Easements, Recorded (2017 Rules)
NOTES:
'Enter BIMS Acknowledged Date on this Sheet
2For New Projects -Enter New Permit A on Supplements & Deed Restiction Templates.
31f w/in 6 months and they are requesting a mod, STOP. Needs a renewal first.
EMAILED ENGINEER DATE:
REVIEWER NAME: <ELL—x/
Comments:
G:WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_202001 31
C�) • \1.YY V t./_�

h/ Ap lication Completeness Review Checklist (Non -Transfers) - Short Version 1
Project Name: n Date Delivered to WIRO: 10/(l1�kj
fbb7"` c��-III ���"' ��•
Project County/Location: BIMS Received/Accepted Date: �-
Rule(s): EJ2017 Coastal ❑2008 Coastal FT995 Coastal BIMS Acknowledged Datel:
IDPhase II Universal F-11988 Coastal
Permit Action: New
Major Mod / Minor Mod / Renewal
Permit Type: HD / LD / LD Overall / HD &LD Combo
General Permit / Offsite / Exempt / Rescission
Development Type:
Commercial / Residential / Other
Subdivided?: Subdivision or Single Lot
Permittee Type & Documents Needed:
MProperty Owner(s)
Purchaser
Lessee
Viable?
Viable?
Viable?
Deed
MPurchase Agmt
Lease
Not Subdivided:
Deed
Subdivision: Common
Area Deed
❑New Permit #2:
Existing Permit #:
Expriation Date 3:
F—]Offsite to SW8:
Lot is in Master Permit?
MPE Cent on File?
1:1HOA
Viable?
Election Minute!
Paperwork
Application
Fee: M$505 (within 6mo) Check#(s):
Supplement' (1 new form or for older farms: 1 original per SCM)
FJO&M2
Soils Report (Infil or PP)
Calculations (signed/sealed)
Deed Restrictions, if subdivided=
Project Narrative
QUSGS Map (or on file?) Subject to SA?: Y / N Subject to ORW?:
Plans (2 Sets)
F-1PE Certification
Electronic Copies
Easements, Recorded (2017 Rules)
NOTES:
IEnter BIMS Acknowledged Date on this Sheet
2For New Projects -Enter New Permit # on Supplements & Deed Restiction Templates.
3If w/in 6 months and they are requesting a mod, STOP. Needs a renewal first.
EMAILED ENGINEER DATE: Comments:
REVIEWER NAME:
G:Wq\\\Reference Libra ry\Procedures\Checklists\Completeness Review Checklist 20200131
Developer
Viable?
0No Fee
Y / N
04

STORMWATER SYSTEM & EROSION CONTROL NARRATIVE
SMITH CREEK STATION
WILMINGTON, NORTH CAROLINA
NC DEQ MASTER PERMIT SW8 970105 MINOR MODIFICATION
SMITH CREEK RETAIL, LLC - OWNER/PERMITTEE
02 FITNESS TENANT - TRACT 3
NEW OUTDOOR FITNESS PAD
SMITH CREEK STATION
WILMINGTON, NORTH CAROLINA
NC DEQ MASTER STORMWATER PERMIT SW8 970105 RENEWAL
SMITH CREEK RETAIL, LLC - OWNER PERMITTEE
SMITH CREEK STATION
WILMINGTON, NORTH CAROLINA
NEW HANOVER COUNTY GRADING PERMIT NO. 99-96 REVISION
SMITH CREEK RETAIL, LLC - OWNER PERMITTEE
02 FITNESS TENANT - TRACT 3
NEW OUTDOOR FITNESS PAD
OCTOBER 5, 2020
PREPARED BY:
JOHN A. KUSKE, III, P.E.
KUSKE3 ENGINEERING, PLLC
321 SOUTH KERR AVENUE NO. 1 15
WILMINGTON, NC 28403
LICENSE No: P-0909
PHONE: 910,471 4041
E-MAIL: [e-mail]
K3 PROJECT NO. 20004

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PROJECT NARRATIVE
OVERALL SITE INFORMATION:
Smith Creek Station is an existing shopping center site within the Wilmington City limits
in New Hanover County, NC. The total shopping center site area is 37.97 acres. The
total shopping center site area includes multiple property parcels and multiple property
owners. The shopping center site area is developed. The existing improvements
include buildings, paved parking, internal paved access, utility infrastructure, drainage
infrastructure, stormwater management facilities and paved access to Old Eastwood
Road. Racine Drive and Market Place Drive.
PROJECT SITE INFORMATION:
The project site is Tract 3 which is located within Smith Creek Station shopping center.
Tract 3 is a 5.15-acre parcel owned by Smith Creek Retail, LLC. The existing
improvements on Tract 3 include one existing building, an existing green area, existing
paved parking, existing paved access to Racine Drive and existing Stormwater Pond 2.
The existing building on Tract 3 is leased by 02 Fitness (formerly Gold's Gym). The
existing green area on Tract 3 is permitted for future development. Stormwater Control
Measure Pond 2 is one of two stormwater ponds permitted in NC DEQ Master
Stormwater Permit SW8 970105 that treat stormwater runoff from the total 37.97-acre
shopping center site area. Smith Creek Retail, LLC is the NC DEQ Master Stormwater
Permit SW8 970105 permittee, the owner of Tract 3 and Stormwater Pond 2.
The proposed improvements on Tract 3 include the construction of a new 5,100 SF
outdoor fitness pad within the existing green area as shown on the Tract 3 plans and
the previously approved revised NC DEQ Master Stormwater Permit SW8 970105
Smith Creek Station Stormwater Master Plan enclosed. The proposed improvements
will be constructed by the owner of Tract 3, Smith Creek Retail, LLC for the 02 Fitness
building tenant after receiving the required site permit modifications and revisions
described below.
NC DEQ MASTER STORMWATER PERMIT SW8 970105 MINOR MODIFICATION:
A minor modification to NC DEQ Master Stormwater Permit SW8 970105 is required for
the proposed improvements on Tract 3. The NC DEQ Master Stormwater Permit SW8
970105 permittee and owner of Tract 3 is Smith Creek Retail, LLC. The proposed
improvements on Tract 3 include the construction of a new 5,100 SF outdoor fitness
pad within the existing green area as shown on the Tract 3 plans and the previously
approved revised NC DEQ Master Stormwater Permit SW8 970105 Smith Creek Station
Stormwater Master Plan enclosed. Stormwater runoff from the proposed improvements
on Tract 3 will be conveyed in two new grassed swales that flow into a new drop inlet
and a new 12" stormdrain pipe. The new 12" stormdrain pipe connects to the existing
permitted stormdrain system that flows into the existing permitted Stormwater Control
Measure Pond 2 permitted in NC DEQ Master Stormwater Permit SW8 970105. The
total allocated built upon area for Tract 3 is 156,816 SF. The total existing built upon
area on Tract 3 is 139,392 SF which results in 17,324 SF of built upon area available for

future development. The new 5,100 SF outdoor fitness pad will result in 12,324 SF of
remaining allocated built upon area for use on Tract 3. The remaining allocated 12,324
SF (17,324 SF — 5,100 SF = 12,324 SF) of built upon area will be for future
development on Tract 3. Permit modifications and revisions will be required prior to any
future development on Tract 3.
The required NC DEQ Minor Modification Application Form 7, support documentation,
the Tract 3 plans and the previously approved revised NC DEQ Master Stormwater
Permit SW8 970105 Smith Creek Station Stormwater Master Plan are enclosed for
review.
NC DEQ MASTER STORMWATER PERMIT SW8 970105 RENEWAL:
Master Stormwater Permit SW8 970105 expires on March 11, 2021. In accordance with
15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit
180 days prior to its expiration.
The required NC DEQ Permit Renewal Application, application fee, support
documentation and the previously approved revised NC DEQ Master Stormwater Permit
SW8 970105 Smith Creek Station Stormwater Master Plan are enclosed for review.
The Smith Creek Station Stormwater Master Plan has been revised to show the
proposed improvements on Tract 3. Note that the current Permittee and signing official
will remain the same. The total allocated built upon area for each parcel/lot will remain
the same. Note the revised built upon area summary table from the last NC DEQ
Master Stormwater Permit SW8 970105 Plan Revision dated March 3, 2020 below
which has been updated to show the revised built upon areas for the Minor Modification
on Tract 3.
Master Permit No. SW8 Master Permit #SW8 970105
REVISED FOR MINOR MODIFICATION SUBMITTAL
Lot #
from
Master
Drains
to Pond
#
Offsite
Permit #
Date
Issued
Offsite Project
Name
Allocated
BUA
Proposed
BUA
OP 1A
1
SW8 070315
23-Mar-07
Hampton Inn
119,572
119,572
OP 2A
1
SW8 100303
23-Mar-10
Buffalo Wild
Wings
110,251
110,251
OP 3R
2
SW8 000840
27-Sep-00
Always Graphics
49,005
49,005
OF 4A
1
SW8 000719
1-Nov-07
Land Rover
80,760
80,760
OP 5R
2
-
40,772
OP 6R
2
-
43,516
-
Tract 1 R
Pond 1
SW8 071007
29-Nov-07
Home Depot
364,597
364,597
Pond 2
49,658
49,658
Tract 3
2
Minor
Modification
Renewal
02 Fitness
Formerly Gold's Gym
156,816
144,492
(12,324 Future)
Tract 2-
A2
2
Plan Revision
3-Mar-11
Port City Java
73,900
73,100
(800 Future)
Tract 2R
Pond 1
SW8 071008
7-Dec-07
Kohl's
13,068
13,068
Pond 2
274,428
274,428

Note:
NC DEQ Master Stormwater Permit SW8 970105 includes approval for 20,191 SF
of unallocated/future built upon area available for use within the Pond 2 Drainage
Area that is not documented in the last NC DEQ Master Stormwater Permit SW8
970105 Approved Plan Revision dated March 3, 2011. The 20,191 SF of
unallocated/future built upon area available for use within the Pond 2 Drainage
Area is not included in the summary table above. Note the summary from the
last NC DEQ Master Stormwater Permit SW8 970105 Modification with Renewal
dated November 23, 2009 and the summary table from the approved NC DEQ
Master Stormwater Permit SW8 970105 Smith Creek Station Stormwater Master
Plan below.
NC DEQ MASTER STORMWATER PERMIT SW8 970105 MODIFICATION WITH
RENEWAL DATED NOVEMBER 23, 2009 PERMITTED DESIGN ELEMENTS FOR
POND 1 AND POND 2
State Stormwater Management Systems
Permit No. SW8 970105
S. The following design elements have been permitted for the wet detention ponds 1 and 2 and
must be maintained at design condition:
'POND 1 OP tJD 2i
a. Drainage Area, acres
_ (square feet)
b. Total Impervious Surfaces, fNi
Outparcel 1A
Outparcel 2A
Outparcel 313
Outparcel 4A
Outparcel 5R
Outparcel 6R
Tract 1R
Tract 3
Tract 2-A2
Tract 2R
Future 1
c. Pond Design Depth, feet:
d. Permanent Pool Elevation, FMSL:
e. Provided Surface Area, ft':
f. Provided Storage VOhlnle, f':
g Temporary Storage Elevation, FMSL:
h. Controlling Orifice:
I. Name of Receiving Stream/Index #:
J. Classification of Water Body:
18.65
19.32
(812,394)
(841,579)
88,246
708,286i
119,572
0-
110,251
-0-
-0-
49,005
80,760
-0-
-0-
40,772
-0-
43,516
364,507
49,668
-0-
156,816
.0-
73,900
13,068
274,428
-0-
20,191: UNALLOCATED/FUTURE
7.6
33,1
7.5 aUA POND 2
34
32,400
37,000
62,190
62,480
34.9
35.6
3.5"rp pipe 3.5"(p pipe
Smith Creek I (CFR 18.74-63 )
"C SW'

APPROVED NC DEQ MASTER STORMWATER PERMIT SW8 970105 SMITH
CREEK STATION STORMWATER MASTER PLAN SITE DATA SUMMARY
INC DENR STORMWATER PERMIT NO. SW8 970105 SITE DATA SUMMARY
TOTAL SHOPPING CENTER SITE AREA
TOTAL SHOPPING CENTER DRAINAGE AREA:
STORMWATER POND NO, 1:
TOTAL DRAINAGE AREA:
TOTAL PERMITTED ALLOCATED BUILT UPON AREA:
STORMWATER POND NO, 2:
TOTAL DRAINAGE AREA:
TOTAL ALLOCATED BUILT UPON AREA
TOTAL UNALLOCATED / EXTRA
BUILT UPON AREA
TOTAL APPROVED BUILT UPON AREA:
37.97 AC
37.97 AC
18.65 AC / 812.394 SF
15.80 AC / 688,248 SF
19.32 AC / 841.579 SF
15.80 AC / 688,095 SF
0.46 AC / 20.191 SF
TOTAL: 16.26 AC / 708.286 SF
The required NC DEC Stormwater Permit Renewal Application Form, support
documentation, the Tract 3 plans and the previously approved revised NC DEC Master
Stormwater Permit SW8 970105 Smith Creek Station Stormwater Master Plan are
enclosed for review.
EXISTING STORMWATER CONTROL MEASURES:
The stormwater control measures for the 37.97-acre shopping center site include an
existing storm drainpipe system and two existing stormwater ponds. Pond 1 and Pond
2 were designed to meet the City of Wilmington Stormwater Ordinance and the NC
DEQ State Stormwater Regulations. Pond 1 and Pond 2 are permitted under NC DEQ
Master Stormwater Permit SW8 970105. NC DEQ Master Stormwater Permit SW8
970105 Permittee is Smith Creek Retail, LLC Smith Creek Station, LLC. Existing Pond
1 and Pond 2 treat the stormwater runoff from the total 37.97-acre shopping center site
and drainage area. The drainage area associated with Pond No. 1 is 18.65 acres.
Pond No. 1 is approved to treat runoff from a total built upon area equal to 688,248 SF /
15.80 acres as approved in NC DEQ Master Stormwater Permit SW8 970105 . The
drainage area associated with Stormwater Pond No. 2 is 19.32 acres. Stormwater
Pond No. 2 is approved to treat runoff from a total built upon area equal to 708,286 SF /
16.26 acres as approved in NC DEQ Master Stormwater Permit SW8 970105.

NEW HANOVER COUNTY GRADING PERMIT NO. 99-96 REVISION:
As mentioned above, the proposed improvements on Tract 3 include the construction of
a new 5,100 SF outdoor fitness pad within the existing green area as shown on the
Tract 3 plans and the previously approved revised NC DEQ Master Stormwater Permit
SW8 970105 Smith Creek Station Stormwater Master Plan enclosed. The proposed
improvements will be constructed by the owner of Tract 3, Smith Creek Retail, LLC for
the 02 Fitness building tenant after receiving the required site permit modifications and
revisions.
A minor modification to New Hanover County Grading Permit No. 99-96 is required for
the proposed improvements on Tract 3. Note that the entire 5.15-acre area of Tract 3
and the existing green area for the new improvements on Tract 3 were previously
approved and disturbed under New Hanover County Grading Permit No. 99-96.
The required New Hanover County Land Disturbing Activity Permit Application Form,
support documentation, the Tract 3 plans and the previously approved revised NC DEQ
Master Stormwater Permit SW8 970105 Smith Creek Station Stormwater Master Plan
are enclosed for review.
EROSION CONTROL MEASURES:
The attached plans and specifications give the requirements for erosion control measures.
Silt fence will be installed on the site prior to grading as shown on the attached plans.
Erosion control measures will be installed around the drop inlets as shown on the plans to
trap silt during construction. Inspect the erosion control around the inlets after each rain to
make repairs as needed. Remove sediment as necessary to provide adequate storage
volume for subsequent rains. When the contributing drainage area has been adequately
stabilized, remove all materials and any unsuitable soil and either salvage or dispose of it
properly. Bring the disturbed area to proper grade, then smooth and compact it.
Appropriately stabilize all bare areas around the drop inlets. Gravel construction entrances
will be provided as noted on the plans. Maintain the gravel construction entrances in a
condition to prevent mud or sediment from leaving the site.
CONSTRUCTION SEQUENCE:
The contractor will have the necessary preconstruction meeting with the County and
install the new gravel construction entrances, new silt fence and other erosion control
measures as specified prior to beginning any additional grading operations. Disturbed
areas will be landscaped or stabilized within 15 days of disturbance.
EROSION CONTROL NOTES AND MAINTENANCE PLAN
1. All erosion and sediment control measures will be checked for stability and
operation following every runoff -producing rainfall, but in no case, less than once
every week and within 24 hours of every half -inch rainfall.

2. All points of egress will have construction entrances that will be periodically top -
dressed with an additional 2 inches of #4 stone to maintain proper depth. They
will be maintained in a condition to prevent mud or sediment from leaving the
site. Immediately remove objectionable material spilled washed or tracked onto
the construction entrance or roadways.
3. Sediment will be removed from hardware cloth and gravel inlet protection, block
and gravel inlet protection, rock doughnut inlet protection and rock pipe inlet
protection when the designed storage capacity has been half filled with sediment.
Rock will be cleaned or replaced when the sediment pool no longer drains as
designed. Debris will be removed from the rock and hardware cloth to allow
proper drainage. Silt sacks will be emptied once a week and after every rain
event. Sediment will be removed from around beaver dams, dandy sacks and
socks once a week and after every rain event.
4. Diversion ditches will be cleaned out immediately to remove sediment or
obstructions from the flow area. The diversion ridges will also be repaired.
Swales must be temporarily stabilized within 21 calendar days of cease of any
phase of activity associated with a swale.
5. Sediment will be removed from behind the sediment fence when it becomes half
filled. The sediment fence will be repaired as necessary to maintain a barrier.
Stakes must be steel. Stake spacing will be 6 feet max. with the use of extra
strength fabric, without wire backing. Stake spacing will be 8 feet max. when
standard strength fabric and wire backing are used. If rock filters are designed at
low points in the sediment fence, the rock will be repaired or replaced if it
becomes half -full of sediment, no longer drains as designed or is damaged.
6. Sediment will be removed from sediment traps when the designed storage
capacity has been half filled with sediment. The rock will be cleaned or replaced
when the sediment pool no longer drains or when the rock is dislodged. Baffles
will be repaired or replaced if they collapse, tear, decompose or become
ineffective. They will be replaced promptly. Sediment will be removed when
deposits reach half the height of the 1st baffle. Floating skimmers will be
inspected and kept clean weekly.
7. Sediment will be removed from the sediment basin when the design storage
capacity has been half filled with sediment. Rock will be cleaned or replaced
when the sediment pool no longer drains or if the rock is dislodged. Baffles will
be repaired or replaced if they collapse, tear, decompose or become ineffective.
They will be replaced promptly. Sediment will be removed from baffles when
deposits reach half the height of the 1s' baffle. Floating skimmers will be
inspected weekly and will be kept clean.
Land Quality Requires:
8. All seeded areas will be fertilized, reseeded as necessary and mulched
according to specifications in the vegetative plan to maintain a vigorous, dense

vegetative cover. All slopes will be stabilized within 21 calendar days. All other
areas will be stabilized within 15 working days.
Water Quality Requires:
9. All seeded areas will be fertilized, reseeded as necessary and mulched
according to specifications in the vegetative plan to maintain a vigorous, dense
vegetative cover. All perimeter dikes, swales, ditches, perimeter slopes, all
slopes steeper than 3' horizontal to 1' vertical (3:1) and all high -quality water
(HQW) zones shall be provided temporary or permanent stabilization with ground
cover as soon as practicable but in any event within seven (7) calendar days
from the last land -disturbing activity. All other disturbed areas shall be provided
temporary or permanent stabilization with ground cover as soon as practicable
but in any event within fourteen (14) calendar days from the last land -disturbing
activity.
10. Flocculants will be used to address turbidity issues. The pumps, tanks, hoses
and inject systems will be checked for problems or turbid discharges daily.
11. Refer to new NPDES rules regarding basin outlet structures and skimmers shall
withdraw water from the surface.
SECTION 02920
SOIL EROSION AND SEDIMENTATION CONTROL
1. GENERAL:
1.1 Contractor shall take every reasonable precaution throughout construction to
prevent the erosion of soil and the sedimentation of streams, lakes, reservoirs,
other water impoundments, ground surfaces, or other property as required by State
and Local regulations.
1.2 The Contractor shall install all required silt fences, and construction entrances at
the initiation of work, and have these measures reviewed and approved by the local
permit authority prior to clearing and grading operations.
1.3 Land Quality Requires:
All seeded areas will be fertilized, reseeded as necessary and mulched
according to specifications in the vegetative plan to maintain a vigorous, dense
vegetative cover. All slopes will be stabilized within 21 calendar days. All other
areas will be stabilized within 15 working days.
1.4 Water Quality Requires:
All seeded areas will be fertilized, reseeded as necessary and mulched
according to specifications in the vegetative plan to maintain a vigorous, dense
vegetative cover. All perimeter dikes, swales, ditches, perimeter slopes, all
slopes steeper than 3' horizontal to 1' vertical (3:1) and all high -quality water

(HQW) zones shall be provided temporary or permanent stabilization with ground
cover as soon as practicable but in any event within seven (7) calendar days
from the last land -disturbing activity. All other disturbed areas shall be provided
temporary or permanent stabilization with ground cover as soon as practicable
but in any event within fourteen (14) calendar days from the last land -disturbing
activity.
2. PRODUCTS:
2.1 Asphalt for anchoring mulch shall be Type SS-1 Emulsion.
2.2 Fertilizer shall be 10-10-10 grade or equivalent.
2.3 Lime shall be dolomitic agricultural ground limestone containing not less than 10
percent magnesium oxide.
2.4 Mulch shall be small grain straw, hay, wood chips, asphalt emulsion, jute or other
suitable material free of undesirable weed seed.
2.5 Phosphate shall be 20 percent superphosphate or equivalent.
2.6 Seed shall be 20% carpet grass, 24% Bermuda, 20% turf Fescue, 10% Creeping
Red Fescue, and 24% Annual Rye grain. Bermuda seed shall be hulled for warm
weather planting and unhulled for cool weather planting. Purity of seed shall be a
minimum of 98 percent and germination shall be a minimum of 85 percent.
2.7 Silt fence shall consist of NCDOT Class A fabric supported by metal posts spaced
not more than 6 feet on center. The bottom of the fabric shall be buried a minimum
of 6 inches.
2.8 Gravel for check dams shall be #57 washed stone.
2.9 Aggregate for construction entrance shall be #4 washed stone.
2.10 Stone rip rap for check dams and erosion control shall be NCDOT Class A or B as
shown.
3. EXECUTION:
3.1 General: Take every practicable measure during construction or suspension to
work to minimize erosion and siltation. Measures should include good construction
practices, temporary physical barriers to sediment travel, settling basins for new
ditches, and establishment of vegetative cover.
3.2 Construction Practices
3.2.1 Avoid dumping soil or sediment into any wetland or watercourse.

3.2.2 Maintain an undisturbed vegetative buffer where possible between a natural
watercourse and trenching and grading operations.
3.2.3 Avoid equipment crossings of streams, creeks, and ditches where practicable.
3.2.4 Grade all cut, fill and ditch slopes to minimum slope of 3:1, unless otherwise shown
or directed.
3.3 Temporary Physical Barriers are required where sedimentation on offsite property
or excessive erosion is a problem.
3.3.1 Mulch shall be used for temporary stabilization of areas subject to excessive
erosion and for protection of seedbeds after planting where required.
1. Apply grain straw and hay at a rate of 75 to 100 pounds per 1000 square feet
and wood chips at a rate of 500 pounds per 1000 square feet. Jute and mesh
should be installed as per manufacturer's instructions.
2. Asphalt emulsion for slope stabilization should be applied at a rate of 1,000
gallons per acre. Asphalt emulsion used for anchoring straw should be applied
at a rate of 150 gallons per ton of straw.
3.3.2 Silt Fences shall be used at the base of slopes to restrict movement of sediment
from the site. Clean silt fence of accumulated sediment after each rainfall event
or when it exceeds a depth of 0.5 feet above natural grade.
3.3.3 Stone Check Dams, placed at the discharges of creeks, ditches, and swales, shall
consist of Class A or Class B erosion control stone at minimum two feet high and
three feet thick across the watercourse, with a one -foot thick layer of gravel on
upstream side. Remove sediment if accumulated to a depth of 1.0 feet at upstream
face.
3.4 Vegetative Cover: Establish and maintain permanent vegetative cover on all
unpaved areas disturbed by the work.
3.4.1 Preparation of Seedbed: Areas to be seeded shall be scarified to a depth of 4
inches and until a firm, well pulverized, uniform seedbed is prepared. Lime,
phosphorous and fertilizer shall be applied during the scarification process in
accordance with the following rates:
Lime: 45 pounds per 1000 square feet
Phosphorous: 20 pounds per 1000 square feet
Fertilizer: 17 pounds per 1000 square feet
3.4.2 Seeding: Disturbed areas shall be seeded with 2 to 3 pounds per 1000 square feet
of the specified seed mixture. Seed shall be worked into the bed to a depth of 1/4
inch. Regrade and seed eroded areas immediately

3.4.3 Mulch all areas immediately after seeding. Mulch shall be applied and anchored as
specified hereinbefore. Reapply as necessary to retain cover until grass is
established.
3.5 Construction Entrance: Provide an aggregate drive, 20 feet wide by 50 feet long by
6 inches thick at each entrance to the site used by construction vehicles, until the
permanent roadway is constructed. Remove soil if accumulated to a depth greater
than 0.5 inches.
3.6 Maintenance: The Owner and Contractor shall be responsible for maintaining all
temporary and permanent erosion control measures. Temporary structures shall
be maintained until the vegetation is firmly established in the area protected by
the structure. Permanent streambank protection and grassed areas shall be
maintained until completion of the project. Areas that fail to show a suitable
stand of grass or which are damaged by erosion shall be immediately repaired.
END OF SECTION

From: Marsha Mayhew <[e-mail]>
Sent: Friday, March 09, 2012 3:49 PM
To: [e-mail]
Cc: Hank Miller <[e-mail]>
Subject: Smith Creek SW Declarations
Hi, guys,
Thought you might be interested in knowing how things are going with the SW Declarations
Of the 9 original required signatories, 4 are ready to sign, 2 are working on it, 1 is passing it from office to
office (obviously hoping someone else is going to be the Old Maid), one has not even acknowledged
receipt (Kohl's — shocker), and the little lady at the Oriental restaurant can't understand why I can't just
fax her whatever it is I need her to sign (John, Hank has said he'll go sit down with her in person — I'm
going to owe him big time for that one).
Have a great weekend. Hope your team stays in the play-offs
Marsha L. Mayhew
Assistant to CEO
Lal Purser & Associates, Inc.
4530 Park Road, Suite 300
Charlotte, North Carolina 28209
Direct: 704-519-4260
Main: 704-519-4200
Fax: [phone]
Email: inarsha.mavhewAlatpurser.com
bi Please consider the environment before printing this e-mail
From: Marsha Mayhew <[e-mail]>
Sent: Thursday, June 14, 2012 2:04 PM
To: [e-mail]
Subject: FW: Smith Creek Station "Agreement", SW8 970105
John,
I've hit an impasse and need some clarification. Kelly Johnson (see below e-mail) is the one who signed
our SW Master Permit.
Kohl's will not sign the Decs without a specific permitting requirement that they do so. She says why
should they obligate themselves when they weren't party to the first one and no one else is asking for
it? Good question — not the answer I wanted, but the same one I would have given...... and I can't get
anyone at the hotel to respond to either a -mails or calls. They also were not around to sign the first
one. I'm thinking now that if neither one was required to agree to participate at the time they purchased
from us, it will be hard to go back now and ask them to.
Because you had indicated that it was a requirement of our permitting, I have gone through the Permit
approval, as well as the application, and cannot find anything that requires more than deed restrictions at
the time of sale. I can see the obvious advantage to the developer to have everyone committed to
participate, but do not see that NCDENR cares — they will hold us responsible and what we get out of the
others is what we get. Is there some other layer of municipal authority that I'm not aware of that I can
bring to bear?

If not, then I guess I have the practical choice between either a partially executed Agreement and no
Agreement at all. Thoughts?
Marsha L. Mayhew
Assistant to CEO
Direct: 704-519-4260
Email: marsha.mavhew(a)latpurser.com
APlease consider the environment before printing this e-mail
From: Johnson, Kelly [mailto:kelly.p.johnsonOd ncdenr.gov]
Sent: Tuesday, June 12, 2012 11:07 AM
To: Marsha Mayhew
Subject: Smith Creek Station "Agreement", SW8 970105
Marsha,
I am not sure what "the agreement" is. Is it the Operation and Maintenance agreement? That
document just says that the ponds have to be maintained and the person who signs the O&M
agreement is responsible. There may be some outside document specifying that there are several
involved parties and that each one has to "pay in" to the maintenance fees. I don't know if that was
done here or not. I don't see reference to it in the permit, and I don't remember it. (But, I work on so
many of these). I believe that many commercial subdivisions have some sort of document like that in
place, but generally I would expect such a document to reference the State permit (and O&M
agreement) and break out responsibility, but that the "nuts and bolts" of such a document would be
maintained by the entity that signed the 0&M agreement and not by the State. Ultimately, if something
goes wrong with the pond, the State will go to the entity that signed the O&M agreement. I would
recommend that you ask Mr. Kuske to direct you to whatever requirement the State has set if it is
different than what I have laid out here. There may be something unusual for this project that I am not
aware of.
Kelly
***My email has changed to [e-mail]
1-'1eLLUJ0hws0w
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties.

Page I of I
Marsha Mayhew
From:
Marsha Mayhew
Bent:
Tuesday, July 03, 2012 5:37 PM
To:
Let Purser, Hank Miller
Cc:
Lisa Lewis; Laura N. Stlles
Subject: Smith Creek Station - Amended and Restated Storm Water Declaration
Follow Up Flag: Fallow up
Flag Status: Red
Lot and Hank,
As I have expressed to both of you, 1 have had increasing concerns about Kohl's willingness to sign off on
the A&R over the past several months. There is no municipal requirement that they do so and they have
taken a typical corporate position against signing (arid therefore entangling themselves) in any matter that
Is not specifically required. Their in-house counsel has let me know that since they were not signatories
to the original Declaration, she sees no reason for them to start now. Additionally, 1 have not been able to
gel any return communication whatsoever from the Cameron on behalf of the hotel.
The odginal Declaration did little more than outline the pro -rate shared percentages of the land owners In
the storm water system as generally anticipated In the REA. The more recent A&R brings the shares
current to reflect the new landowners represented at Smith Creek Station since the first Declaration was
executed. Since the obligations of the REA run with the land and were included In the deed of transfer
when we sold to Kohl's (end to all the others), those ob0gations are in place.
Lisa and Laura are working on pulling a history of landowner participation in shared maintenance costs for
the ponds over the past several years. Since this will have set a precedent which, on a practical basis,
accomplishes what we need, I see no reason to light the unwillingness of these parties to sign the A&R
any further at this time. As long as the other landowners are sharing,) feel we should simply continue to
follow the same course we have established.
Please let me know it you have other thoughts, since I had intended to get back to the rest of the owners
and bring them current early nextmenth.
Marsha L. Mayhew
Assistant to CEO
Lot Purser 8 Associates, Inc.
4530 Park Road, Suite 300
Charlotte, North Caroline 28209
Direct: 704-5194250
Mein: 704-519.4200
Fax: [phone]
Email: marshe.mavhewAlstourser.com
APlease consider the environment before printing this eanall
7/12/2012

Julie Chiu
From: Marsha Maynew -marsna.mayhew(ylatWrseccom>
Sent: Thursday, July 12, 2012 6'.56 PM
To: Julie Chiu
Subject: FW: Smith Creek Station - Amended and Restated Declaration of Stormwater Reunctrons
FYI
From: Marsha Mayhew
Sent: Thursday, July 12, 2012 6:49 PM
To: 'Thompson, Debra':'[e-mail]'; '[e-mail]'; William [e-mail]; Boykin,
Patrick; Larry Alderson; Samuel B. Franck - 4835; Laura Hoon; [e-mail]; Cole, Clinton; Sarah Ryan; Larkin,
Rob: Ian Sauer; Melissa Foerster
Cc: Lat Purser; 'Hank Miller'
Subject: Smith Creek Station - Amended and Restated Declaration of Stormwater Restrictions
All,
Thank you to (hose of you who have cooperated with our efforts to update the Declaration of Storm
Water Management Restrictions for Smith Creek Station. If you will recall, I first contacted everybody
in early February of this year.
As you will know, if you have had a chance to reviewed the copy of the original 2000 Declaration you
were provided at the time you purchased at Smith Creek, it did little more than outline the pro -rater
shares of built upon area of the then land owners in the storm water system as generally anticipated in
the REA. The proposed Amended and Restated would bring the shares current to reflect the mix of
landowners represented at Smith Creek Station today. Since the obligations of the REA and original
Declaration of Stormwater Management Restrictions run with the land and were referenced in the
deeds of transfer whenever we sold a parcel, those access rights and obligations are in place. Our
intent, with the Amended and Restated, was to update the pro-rata percentages of today's landowners
current with the recalculated BUAs permitted by NCDENR in each of your current approved
Stormwater Permits.
Although I had not anticipated any particular concern in this matter, there has been an unwillingness
expressed by one of the proposed signatories to signing the Amended and Restated for a previous
Declaration for which they were not signatories. I have researched with NCDENR and with the civil
engineer who prepared all of the permit applications for Smith Creek, and find that there is no
municipal or regulatory requirement that they do so.
Although we would prefer to have clarifying language in a single document, for efciency's sake, we
are comfortable that the rights of all parties are protected with existing agreements of record and will,
accordingly, not continue to pursue a revised Declaration at this time.
Again, thank you to those of you who have cooperated in this matter. Should anything change, I will
keep everyone informed.
Regards,
Marsha L. Mayhew
Aesfsfant to CEO
Lat Purser & Associates, Inc.
4530 Park Road, Suite 300
Charlotte, North Carolina 28209
Direct: 704-519-4260
Main: 704-519-0200
Fax: [phone]
Email: marsha.mavhew(o)latpurser.com
APlease consider the environment before printing this e-mail

I 2012002524 IIIN III NIII IINI illll IIII llll
SFOR REGIS7RR7ION REGISTER OF DEED'
NNIFE
EWNHRNOVER COUNTYISNC
8K 561132P0,2611-26307FEE-$42.00
iNSi 081120f2W0 2j
THIS PAGE IS LEFT INTENTIONALLY BLANK AND IS
FOR RECORDING PURPOSES ONLY
TI-IfRD AMENDMENT TO SECOND AMENDMI'sNT AND RESTATED
RECIPROCAL EASEMENT AND OPERATION AGREEMENT
SMITH CREEK STATION, LLC
PREPARED BY AND RETURN TO: DOUGLAS A. FOX
R'?U ^?,! TO
+�bt3 �N 4, rnanne+c

THIRD AMENDMENT TO SECOND AMENDED AND RESTATED RECIPROCAL
EASEMENT AND OPERATION AGREEMENT
THIS THIRD AMENDMENT TO SECOND AMENDED AND RESTATED
RECIPROCAL EASEMENT AND OPERATION AGREEMENT (the "Third
Amendment") is made and entered into effective as of the 18a' day of January
2012, by and among SMITH CREEK STATION, L.L.C., a North Carolina limited liability
company as successor-m-interest to Henry E. Miller, Jr., Lionel Yow, Connie S. Yow and
Racine, LLC, a North Carolina limited liability company ("SCS"), SMITH CREEK RETAIL,
LLC, a North Carolina limited liability company ("Retail') and HD DEVELOPMENT OF .
MARYLAND, INC., a Maryland corporation as successor -in -interest to Home Depot U S A.,
Inc., a Delaware corporation ("Home Depot").
RECITALS
A Lionel L. Yow and wife, Connie S. Yow, Ilenry E. Miller, Jr., and Racine, LLC
(collectively, the "Original Landholders"), and Home Depot U.S A, Inc. entered into that
certain Reciprocal Easement and Operation Agreement dated February 28, 1997 and recorded in
Deed Book 2146, Page 888 in the New Hanover County Public Registry (the "Registry"), as
amended and restated by that certain Amended and Restated Reciprocal Easement and Operation
Agreement (the "First Amended and Restated REA") dated February 28, 1997 and recorded in
Deed Book 2147, Page 632 in the Registry, as further amended by that certain Second Amended
and Restated Reciprocal Easement and Operation Agreement (the "Second Amended and
Restated REA") dated January 19, 1998 and recorded in Deed Book 2335, Page 0435 in the
Registry, that certain First Amendment to Second Amended and Restated Reciprocal Easement
and Operation Agreement dated August 18, 2005 and recorded in Deed Book 4893, Page 1772 in
the Registry and that certain Second Amendment to Second Amended and Restated Reciprocal
Easement and Operation Agreement dated June 6, 2007 and recorded in Deed Book 5199, Page
1890 in the Registry (as so amended and restated, the "REA") The Second Amended and
Restated REA did not amend and restate the First Amended and Restated REA in its entirety, but
amended certain terms of the First Amended and Restated REA and incorporated the remainder
of its terms by reference. The REA imposes easements and restrictions on certain real property
located near the southwesterly intersection of Smith Creek Parkway and Old Eastwood Road in
the City of Wilmington, County of New Hanover, State of North Carolina, portions of which
property have been developed by Home Depot, SCS and Retail as a shopping center known as
"Smith Creek Station."
R
DRAWN By: DouolAs A. Fox ETURN To- DoudAs A. Fox
2209669.3 16680691602

B. The parties desire to amend the REA to provide for the modification of an
existing pylon sign on the HD Parcel located along Racine Drive and to grant Retail the right to
place identification panels thereon, subject to the terms hereof
C. Section 11 01(f) of the First Amended and Restated REA provides that the REA
may be amended by agreement of the Approving Parties. The Approving Parties are defined in
the last recital of the First Amended and Restated REA as (i) the Owner of the HD Parcel, and
(ii) the Owners of a majority of the acreage of the Landholder's Parcel. Home Depot is the
Owner of the HD Parcel, and SCS and Retail collectively own the majority of the acreage of the
Landholder's Parcel
D. Washington National Insurance Company ("Washington"), successor by merger
to Conseco health Insurance Company ("Conseco" ), joins in the execution of this Third
Amendment as provided in Paragraph 3 below
E Kohl's Department Stores, Inc. ("Kohl's") joins in the execution of this Third
Amendment as provided in Paragraph 4 below.
NOW THEREFORE, for and in consideration of Ten Dollars ($10.00) m hand paid and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by each of the parties hereto, the parties, for themselves, their successors and
assigns, agree as follows
1 vitalized Terms All capitalized terms contained herein shall have the same
meaning ascribed to them in the REA, except as otherwise specifically provided herein.
2 Modification of Existing Home Depot Pylon Sign and Grant of Easement to Place
Identification Sign Panels Thereon. Section 104 and all other relevant provisions of the REA
are hereby amended as follows
(a) Section 1.04(a) of the REA is hereby deleted in its entirety and the
following substituted in lieu thereof:
"Each Owner may construct such signage on its Parcel or Parcels as may
otherwise be in compliance with then applicable governmental codes."
(b) Section 1 04(b) of the REA is hereby deleted in its entirety and the
following substituted in lieu thereof.
"Home Depot, as the Owner of the HD Parcel, hereby grants and conveys to
Retail, as to the portion of Landholder's Parcel owned by Retail, as more particularly described
on Schedule 1 attached hereto and by this reference made a part hereof (said portion of
Landholder's Parcel is hereinafter sometimes referred to as the "Retail Parcel") and Kohl's, as
more particularly described on Schedule iI (hereinafter referred to as the "Kohl's Parcel") the
non-exclusive easement and right to use and maintain sign panels on a pylon sign structure on
the HD Parcel (the "HD Shared Pylon Sign") in the area designated on the sketch attached
2209668-3 16680691602
4

hereto as Schedule III and by this reference made a part hereof, for the purpose of advertising
any business or businesses conducted on the Retail Parcel and Kohl's Parcel from time to time
Home Depot, as the Owner of the HD Parcel, hereby reserves the easement and right for the
benefit of the Owners, tenants and occupants of the HD Parcel to use and maintain sign panels on
the HD Shared Pylon Sign The HD Shared Pylon Sign shall be designed substantially as set
forth on the sign exhibit attached hereto as Schedule IV and by this reference made a part hereof,
with 65% of the total signage area thereon to be utilized by the Owners, tenants and occupants of
the i-ID Parcel and 35% of the total signage area to be utilized by the Owners, tenants and
occupants of the Retail Parcel and Kohl's Parcel; provided however, that the signage area
allocated to the Retail Parcel shall not be divided into more than six (6) separate double -sided
signs, as shown on Schedule IV. The sign(s) of the Owners, tenants and/or occupants of the HD
Parcel shall be in the top position(s) on the HD Shared Pylon Sign The sign(s) of the Owners,
tenants and/or occupants of the Kohl's Parcel shall be located below the area reserved for the HD
Parcel The sign(s) of the Owners, tenants and/or occupants of the Retail Parcel shall be located
below the area reserved for the Kohl's Parcel as shown on Schedule IV Any signs panels
installed by any Owner, tenant and/or occupant of a Parcel shall be maintained in good repair at
all times at the sole cost and expense of the Owner of such Parcel However, the sign panels
installed for the benefit of the Kohl's Parcel shall be maintained in good repair at all times at the
sole cost and expense of the Owner of the Retail Parcel
The Owner of the HD Parcel shall maintain the IiD Shared Pylon Sign (but, as to
maintenance, not the signs of the Owners, tenants and occupants of the Retail Parcel and Kohl's
Parcel nor shall the Owner of the FiD Parcel be required to illuminate any other party's sign
panel, it being understood and agreed that separate meters shall be provided for the sign area
reserved for each Parcel) The Owner of the Retail Parcel shall reimburse the Owner of the HD
Parcel from time to time a pro rata share of the cost of maintaining, repairing and replacing the
HD Shared Pylon Sign within thirty (30) days after receipt of a request for reimbursement. The
Owner of the Retail Parcel's pro rata share shall be equal to the percentage of signage area
allocated to the Retail Parcel and the Kohl's Parcel, which is 35% as set forth above Any
request for reimbursement shall include copies of invoices and paid receipts or other
documentation reasonably evidencing the cost of maintaining, repairing and/or replacing the HD
Shared Pylon Sign
The parties acknowledge that the HD Shared Pylon Sign currently exists but must be
modified in order to permit the signage of the Retail Parcel and Kohl's Parcel described herein
Within thirty (30) days after the date of this Third Amendment, Retail shall, at its sole cost and
expense, modify the HD Shared Pylon Sign as described on Schedule V attached hereto and by
this reference made a part hereof Retail shall give Home Depot at least forty-eight (48) hours
prior written notice of its commencement of work In connection with modifying the HD Shared
Pylon Sign, Retail shall remove the existing Home Depot identification sign and reinstall it upon
the completion of the modifications Retail shall complete the modifications to the HD Shared
Pylon Sign and reinstall the Home Depot identification sign within twenty-four (24) hours after
the commencement of the work described in Schedule V In addition to the foregoing, upon the
execution of this Third Amendment Retail shall pay Home Depot the sum of Two Thousand and
No/100 Dollars ($2,00000) as Retail's contribution to the original cost of constructing and
installing the HD Shared Pylon Sign
2209668-3 16680691602 3

All work performed by Retail in connection with modifying the HD Shared Pylon Sign
shall be performed in a good and workmanlike manner in accordance with the requirements of
all applicable laws, rules, regulations, orders, and ordinances of applicable governmental
authonties. If a mechanic's or materialmen's lien is recorded against or becomes an
encumbrance on the HD Parcel as a result of any work performed by or on behalf of Retail,
Retail shall, within thirty (30) days of the recording of such lien, obtain by discharge, bond or
otherwise, the release of any such lien as an encumbrance on the HD Parcel Further, Retail shall
indemnify, defend and hold Home Depot harmless from and against any loss, cost, damage,
claim, liability or expense (including, without limitation, attorneys' fees and court costs) ansmg
out of or otherwise resulting from Retail's modification of the HD Shared Pylon Sign or the use
of the HD Shared Pylon Sign by the Owners, tenants and occupants of the Retail Parcel and
Kohl's Parcel
3 Joinder by Mortgagee. The property owned by Retail in the shopping center is
encumbered by that certain Deed of Trust, Assignment of Rents and Security Agreement (the
"Deed of Trust") dated March 20, 2007, executed and delivered by Retail to Lawyers Title
insurance Company ("Trustee") as trustee for the benefit of 40/86 Mortgage Capital, inc., and
recorded in Deed Book 5157, Page 42 in the Registry 40/86 Mortgage Capital, Inc. assigned its
interest in the loan secured by the Deed of Trust to Conseco by Assignment dated March 20,
2007 and recorded in Deed Book 5157, Page 856 in the Registry As set forth above,
Washington is the successor by merger to Conseco and Joins in the execution of this Third
Amendment and has directed Trustee to execute as well, in order to consent to its provisions.
4. Joinder by Kohl's. As required by Paragraph 2(a) of that certain Restnetive
Covenant Agreement between SCS and Kohl's dated July 2, 2003 and recorded in Deed Book
3874, Page 590 in the Registry, Kohl's joins in the execution of this Third Amendment in order
to consent to its provisions.
5. Ratification SCS, Retail and Home Depot covenant (i) that each has full
authority to execute this Third Amendment, (n) that, except as stated herein, the provisions of the
REA shall continue unchanged, and (in) that the terms of the REA are hereby ratified and
confirmed and in full force and effect, as amended herein
6. Counterparts. This Third Amendment may be executed in multiple counterparts,
each of which shall be deemed an original and all of which together shall constitute one and the
same instrument
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
2209668-3 1668 0691602 4

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
under seal as of the day and year first written above.
SCS:
SMITH CREEK STATION, L L.C., a North Carolina
limited lability company
By: (SEAL)
Nam
Title -
STATE OF NORTH CAROLINA )
) SS
COUNTYOF &FebU6A8t1.4 )
12 M h U ftA L. 1(4/}`(HeL4J , the undersigned Notary Public for the said
County and State, do hereby certify that j4T W . INdaCS6Q /I / , the
of Smith Creek Station, L.L.C., a North Carolina limited
liability company, personally appeared before me this day and acknowledged the due execution
of the foregoing instrument
WITNESS my hand and official seal this day of btd-EhibP-P , 2011
(Signature of Officer)
Notary Expires )I? JAA UAAif 14 13 [Notary Seal]
2.:o178nv
2209669-3 16680691602

RETAIL
SMITH CREEK RETAIL, LLC, a North Carolina
limited liability company
By —�- (SEAL)
Nam LJrT IJ_�Py�SI �. 111
Title &itAA6 P.
STATE OF NORTH CAROLINA )
) SS
COUNTY OF iack LEAAuto )
1 h1ft tSRA L • MAY#eW , the undersigned Notary Public for the said
County and State, do hereby certify that .LA-'f W . AttSEe 01 , the
A& A4t c of Smith Creek Retail, LLC, a North Carolina limited
liability company, personally appeared before me this day and acknowledged the due execution
of the foregoing instrument
WITNESS my hand and official seal this)47V day of DE[-kbeR, , 2011
�✓
(SiI,mature of Officer)
Notary Expires: i9 JAAUAP- f 4A /.3 [Notary Seal]
2209668.3 1669 0691602

HOME DEPOT.
HD DEVELOPMENT OF MARYLAND,
INC, a Maryland corporation
By M41r2
Name nnler M. Evans
Title: ttorney
L)
�oQ `OPPORglF
W
STATE OF GEORGIA ) SEAL
ss
i
COUNTY OF COBB )
„ \
1, �.Gtlrye U 7�o,. kWellthe undersigned Notary Public, do ere y certify that
J E/tr i r %- A Etlu / ( S J�Ppersonally appeared before me this day and
acknowledged that he/she is the GC ;ryt 611-/ of HD Development of
Maryland, Inc., a Maryland corporation, and that he/she, as such
being authorized to do so, executed the foregoing instrument. 1
WITNESS my hand and official seal this _:�6ay of 2011.
r�
(Signature of Officer)
Notary Expires:
PUBLIC
2209668-8 1668 0691602

WASHINGTON
WASHINGTON NATIONAL
INSURANCE COMPANY, an Indiana
domiciled insurance company (successor by
merger to Conseco Health Insurance
Company)
By: 40196 Mortgage Capital, Inc.
a Delaware corporation
its Servicer and Attorney In Fact
B s B Kearns, Vice President
STATE OF
/f�/ ) ss.
COUNTY OF r/ei /toh )
7-
On this day of 201� before me appeared James B. Kearns, to
me personally known, who, being by me duly sworn (or affirmed) did say that he is the Vice
President of 40186 Mortgage Capital, Inc., the Servicer and Attorney In Fact of Washington
National Insurance Company, and that said instrument was signed and sealed m behalf of said
corporation (or association) by authority of its board of directors (or trustees), and said Vice
President acknowledged said instrument to be the free act and deed of said corporation (or
association).
IN WITNESS WI-IEREOF, the foregoing has been executed the day and year first
above written.
NMry Public
My Commission Expires: 074 /nQAJ 04 40a-4 7,�6 TnoCia tee
rr
2209666J 16680691602

SCHEDULEI
BEING all of Outparcel #4B as shown on a Map recorded in Map Book 40 at Page 90 of
the New Hanover County Registry,
BEING all of Tract #3 (revised) as shown on a Map recorded u3 Map Book 46 at
Page 378 of the New Hanover County Registry,
BEING all of Tract #2-A2 as shown on a Map recorded in Map Book 44 at Page 155 of
the New Hanover County Registry
The above being all of the same property which is shown on a Map recorded in Map
Book 50 at Page 247 of the New Hanover County Registry
2209668.3 16680691602

SCHEDULEII
All that certain lot or parcel of land situated in the City of Wilmington, New Hanover County,
North Carolina and more particularly described as follows -
Tract #2 (4th Revision), containing approximately 7 76 acres, as more particularly shown
on the plat entitled, "Smith Creek Station Tract #2 (4th Revision) 7 76 Acres +/-,
Tract #2 — A] - 4.15 Acres -+-/-, Tract #2 — A2 - 2 04 Acres +/-," prepared by Michael
Underwood and Associates, PA, and recorded on June 26, 2003 in Plat Book 44, Page
] 55 of the New Hanover County Register of Deeds.
2209668-3 16680691602

SCHEDULE III
(See Attached)
2209668-3 16680691602

3
TIITS MAP IS NOT n f I —(rf! D MJRVEY AND
HAS NO'I' BEEN RP , !) Bl' A LOCAL
GOVERNMENTAGI:N.'Y FOR COMPLIANCE
1� WITH ANY APPLICABLE LAND DEVELOPMENT
Eg REGULATIONS
Q74yy
'1
con
y
j; m d� /
10
z

SCHEDULE W
(See Attached)
2209668.3 1668 0691602

7-
MANUFACTURE AND INSTALL DOUBLE FACE 5' X 7' INTERNAL ILLUMINATED
MULTI -TENANT SIGN CABINET ADJUST OVERALL HEIGHT TO 20'-0' (NOT SHOWN)

SCHEDULE V
(See Attached)
2209669-3 1668 0691602

The Sign Company Of Wilmington
428 Landmark Drive
Wilmington, NC, 28412 USA
Phone [phone] Fax [phone]
w lscwlm com
sales n tsm com
Page 1 of 2
QUOTE 007848
Quote Date 1/6/2011
SalesRep RC
Terms Code 50 DEP/BAL COD
Phone [phone] Fax [phone] Phone Fax
S CAPEFEA001 S The Home Depot Center
o CIO Cape Fear Commercial N Racine Drive
L (Property Owner) I Wilmington, NC 28405 USA
D 1051 Military Cutoff Rd P
r Suite 200 T
Freestanding Sign
Sign $3,695 00 $3,695.00
Manufacture one Inte salty-Illumtneted (5' x 71 double faced freestanding mut&tenant sign cabinet with flat modified
acrylic faces divided with vlrtyl shipping for (a) Individual tenant spaces, per side. Sign cabinet to be constructed whh a
welded steel angle sub -frame & be Internally -illuminated with high output lamps & ballasts per all UL specifications &
bare sold labels. Sign cabinet to be sanded, add washed, primed & be painted with a two-part polyurethane paint
Sign to be set up to install between (2) existing steel columns & footing per NHC Building Code specifications &
TSCW drawing / 081110-136.*
'Price roes Trot Include tenant copy.
Installation - Labor
Set $1,250.00 $1,250.00
Labor to remove upper'lfome Depot" maln-Id cabinet & existing lower 'Michael Angela's" algn cabinet, along with 'T-
Mobile" sign from steel columns, cut oft (51 from existing steel Columns overall height & Install proposed mul&tenant
sign cabinet & re -Install Home Depot sign cabinet back orrto knNered steel columns for sign to meet (201 overall
height requirements. TSCW will drop dorm (2) separate sign feeds for customers electrician to make Mal
connections to separate meter bases.•
'Price assumes customer to supply Licensed electrician to set up separated meter bases & make Mel connection of
d9nw
Installation - materials 1 @ $243 65 $243.65
Materials cost for steel column modifications & sign Installations.
Permit fees for sign
Sign Permit brciuding staff time.
Fee
$225.00 $225.00
"Note: All electrical requirements, if applicable Including permit power to the sign & final connection to be by
customer supplied licensed electrician coordinated with TSCW.
This sign Is Intended to be Installed In accordance with the requirements of Article 600 of the National Electrical
Code and/or other applicable local codes. This Includes proper grounding and bonding of the sign.
TSCW Is a fully Insured, Licensed & UL Approved Sign Company & also members of SESA (Southeast Sign
Taxable NonTaxable SalesTax Freight Mise OrderTotal
$3,938 65 $1,575.00 $315.09 $0.00 $0.00 $5,828.74

The Sign Company 01 Wilmington Page 2 OI 2
42E Landmark Drive
Wilmington, NC, 28412 USA
T e Sit Compavtvq Phone [phone] Fax 5 Cst�lscw coo 10.392-2726
Phone [phone] Fax
0 C/O Cape Fear Commercial
L (Property Owner)
D 1051 Military Cutoff Rd.
T Suite 200
0 Wilmington. NC 28405 USA
[phone]
t�lv OMered
QUOTE 007848
Quote Date 1/6/2011
SalesRep RC
Terms Code 50 DEP/BAL COD
Phone Fax
Association), ISA (International Sign Association) its USSC (United States Sign Council).
"Certificate of Insurance submitted upon request
Disposal Fee
Disposal of removed signage off -she.
Sign
$100.00 $100.00
I Quote wb)ect to change, after( 30) days from ongtiubon due GUARANTY Itch sign is ywsaoleed for a perad of 365 days after corrgkuon agauut defective worlmumdp and reateruds
2 COMPIIrfION AND PERPDRMANCE SELLER shall cornerstone the crostrucuort of the sign and prosecute the wort thtaeoo with drm diligence card completion Reference marepienoo date is
appmsut®te only Ali obhgau on to be pe,fomed by the SEIIER hamneider shall he subject to delay at fadure mdung from rid, war, I., tabor disposes, uoforesem conmsrnal delays, acts of
God, laws, regctlahon, or ra6wcnon nfg w,enurcn Ad or pubhc authonnes, acctdeoq forms, earl uom or cmuntwmces, whether or not annalist to the foregoing, beyond to reasonable cmosiol
3 TERMS OP PAYMENT' A fifty pereed (50%) depoan u tequ,red with cone i, bJ a due upon complemm Any nnvotms trpre thin 30 days overdue art subject w a fu a chap of two
percent d she event that due bill u mfermd fro MIkCU n n shall be subpa w aft related collmuon aallor attorney fc {
4 TAXES The amont of any present or future sales, homse, nanse, or other tax Ik kN. Smw. m focal, wtuch m+y row m hmaher be Assessed apmu de SPIIFA, m dx PURCHASER for
,man or aramrWs covered by this contract, or Against such sem,xs, shall be paid by the PURCHASER, to die SEILP.R, upon dncund by the SI?IIER, m an add,twnal chmp over and above
the pore as set rotih us dur contract
5 INS3'AII.AMON Tlu, sign o intended to be installed in amordacm with the requucurnts of ARTICLE 600 of the NATIONAL. flI EMIC CODE amUor other appbcable LOCAL CODES
i
OrderTotal $5,828.74
Taxable NonTaxable SalesTax Freight Misc OrderTotal
$3,938 65 $1,575 00 $315.09 $0 00 $0.00 $5,828.74

�t I 0�
N
• J
JENNIFER H MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
.......................................................................................................................
Filed For Registration -
Book:
Document No.,
Recorder
01/27/2012 11.07 44 AM
RE 5613 Page, 2611-2630
2012002524
20 PGS $42 00
JOHNSON,CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2012002524*
Reproduced image reflects
Condition of original document
2012002524

Place Holder for items NOT SCANNED
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_Sealed Element (Confidential)
Descripti
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