HomeMy WebLinkAboutSW8190601_Historical File_20190701Burd, Tina J
From: Burd, Tina J
Sent: Mo6clay, July 1, 2019 2:57 PM
To: 'brogers@realtylinkdev_com'; 'wratley@atmc.net'; 'crussell@eces.biz'
Subject: SW8 190601 - NC Shallotte Smith
Attachments: SW8 190601 - NC Shallotte Smith.pdf
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) completed
their review of the Express Stormwater Permit Application for the subject project. Attached is the cover letter and
permit issued on July 1, 2019 that will be mailed separately, along with any other supporting documents.
Please direct any questions to your reviewer.
DO NOT RESPOND TO THIS ENS.
Best Regards,
Tina Burd
Administrative Associate If
910-796-7215
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
4AA9
East Coast Engingermg &Surveying, P.C.
ENGIN EERS•PLANNERS-SURVEYORS
TRANSMITTAL
DATE: June 27, 2019
TO: Garrett D. Zorda
FROM: J. Christian Russell, PE
SUBJECT: NC Shallotte Smith Project
JUN 2 8F
S-N tos 1100 (
Please find enclosed the following additional information for the
Express SW Submittal for the subject project:
• Wet Pond Supplement for Pond # 1 & #2;
• Impervious Area Calculations for Pond # 1;
• Page 3 of 6 of the SW Mgmt. Application; and
• 2 - 24 x 36 Copies of the Stormwater Structure Plan, C4.0.
If you have any questions or require additional information,
please contact our office at your convenience. Thanks,
4918 Main Street * Post Office Box 2469 * Shallotte, North Carolina 28459 * Tel.: 910-754-8029 * Fax: 910-754-8049
Firm License Number: C-3014
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ROY COOPER
MICHAEL S. REGAN
seamy
S. DANIEL SMITH
L'6r°r�r
June 1 E, 201 g
NORTH CAROLINA
V. .6mu=nWQvalaty
Via email only: brorers(a)xealtylinkdev.com
NC Shallotte Smith, LLC
Attn: Philip J. Wilson, Member -Manager
550 South Main Street, Suite 300
Greenville, SC 29601
Subject: Request for Additional Information
Stormwater Project No. SWS 190601
NC Shallotte Smith
Brunswick County
Dear Mr. Wilson:
The Wilmington Regional Office received and accepted an Express State Stormwater Management Permit
Application for the subject project on June 4, 2019 with additional information received on June 12, 2019.
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:
1. 15A NCAC 02H.1042(2)(a)(iv) and .1042(k): In order to accurately document the BUA allocated
for each outparcel, please provide a breakdown of the proposed BUA allocations for Out Lot 2 in
the calculations. It is recommended to include a table similar to the one in Section IV.10 of the
originally submitted application.
15A NCAC 02H.1042(k): Based on the submitted updated site plan, Pond #2 is included in the
outparcel Out Lot #1. It is unclear whose responsibility the maintenance of the pond will be. If
ownership and maintenance responsibility of Pond #2 is intended to be transferred with the sale
of Out Lot 1, then the outparcel will need to obtain their own high density stormwater permit. If
ownership and/or maintenance responsibility of Pond #2 is intended to remain with the master
permittee, please do one of the following:
a. Remove Pond #2 from the lot boundary of Out Lot 1.
b. Provide a more detailed proposed Deed Restrictions and Protective Covenants explaining
whose responsibility it is to maintain proposed Pond #2.
3. Due to the relatively minor nature of these comments, the express additional information review
fee has been waived.
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).
The requested information should be received in this Office by June 25, 2019, or the application will be
returned as incomplete. Please note that only two letters requesting additional information is allowed in
the State Stormwater Program. If the information is not satisfactorily provided after the second request,
the project will be returned. If the project is returned and you wish to re -submit to the Express Program,
you will need to reschedule the project through the Express Coordinator for the next available review date
and will need to resubmit all required items at that time, including the application fee.
If additional time is needed to submit the requested information, please email your extension request,
prior to the original due date, to the Division at the email address provided below. The extension request
must include a Justification and a date of when the requested information will be submitted to the
Division, which shall be no later than 5 business days past the original due date. Please remember that
extension requests delay the issuance of the final permit.
2s✓ North c.vo&u MTxUnent of EnAvm l Quality I Division of EwW, Mbwai and Land Rew roes
4P..Er W&VAW- Regions[ Dike 127 Cwdinal Drive LxWnsion j W-dffdnghn North CwuAm 264M
rs.sr� 9l0.796.72L5
State Stormwater Permit No. SW8 190601
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 label all packages and cover letters as "Express" and reference the State assigned project number
on all correspondence. If you have any questions concerning this matter, please feel free to call me at
(910) 796-7215 or email me at garrett.zorda@ncdenr.gov.
Sincerely,
G,a�
Garrett Zorda
Environmental Engineer
GDS/gdz: \\\Stormwater\Permits & Projects\2019\190601 HD\2019 06 addinfo 2 190601
cc: J. Christian Russell, PE, East Coast Engineering & Surveying; via email: crussell@eces.biz
Wilmington Regional Office Stormwater File
Zorda, Garrett D
From: Zorda, Garrett D
Sent: Tuesday, June 18, 2019 11:46 AM
To: brogers@realtylinkdev.com; Chris Russell
Cs: Georgette Scott (georgett€.sCCtt@node. .r.gov)
Subject: NC Shallotte Smith (SW8 190601) - Request for Additional Information
Attachments: 2019 06 addinfo_2 190601.pdf
All,
Attached is a pdf of the request for additional information for the subject project. There are just a few items that need
to be addressed. Please let me know if you have any questions or concerns.
Thanks,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7345 direct
garrett.zorda(cD ncden r.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
N. "'N' -AlLhIng Compares Z`_ I
Email correspondence to and f; cm this adds ess is subject to the
North Carolina Public Reccrds Law and may be disclosed to third parties.
East Coast Enginecari.ng & Surveying, P.C.
ENGINEERS-PLANI ERS•SURVEYORS
June 12, 2019 Delivery by Hand
Mr. Garrett Zorda
NCDENR — Division of Energy, funeral and Land Resources : ; ` "- r
127 Cardinal Drive Extension
Wilmington, North Carolina 28405 JUN 12 209
Subject: NC Shallotte Smith SW8190601
Brunswick County, North Carolina
Stormwater Comment Response
Dear Mr. Zorda:
We received your request for additional information on 6/6/19 for the subject project via email and offer the
following remedies:
15A NCAC 02H.1003(7) and .1042(2)(k): Proposed deed restrictions for two outparcels, Out Lot 1 and Out Lot
2, were submitted as pars of the application package, however, no outparcelr were delineated on the plans. Additionally,
the portions of the project previously allotted for the two outparcels have been redesigned to include proposed BUA.
Please confirm one of thefollowing.
a. No outparcels are proposed at this time. In this case, proposed deed restrictions are no longer needed; or
i. There will be two (2) outparcels. Please see 1.(b)(i) below.
b. The two outparcels, Out Lot 1 and Out Lot 2, are still proposed as part of this project If the outparcelr are
still proposed, please delineate the outparcel areas on the plans.
i. The outparcels have been shown on the plan and two (2) copies of the
revised plan sheets C4.0 and C4.1 have been included with this submittal.
2. 15A NCAC 02H.1042(2)0: Please provide a separate set of the stage -storage tables for Pond land Pored 2 to
add to the calculations. We cannot accept calculations just being shown on the plans.
a. The stage storage tables for Pond 1 and Pond 2 have been added to the calculations.
One (1) copy of the revised calculations is included with this submittal.
3. 15A NCAC 02H.1042(2)()(vii): The invert elevations for the inlet to Pond 1 and the inlet to Pond 2 were not
included on the plans. Please provide the invert elevations for the inlet to Pond 1 and the inlet to Pond 2
a. The inverts have been added to the plans and two (2) copies of the revised plan sheet
C4.1 are included with this submittal.
4. 15A NCAC 02H. 1042 (2) (f andg): As discussed in the Express submittal meeting on June 4, 2019, please provide
an updated/renewed USACOE verification.
a. One (1) copy of the USACOE General Permit (Regional and Nationwide)
verification has been included with this submittal. Additionally, included for your
reference is one (1) copy of the 401 Water Quality Certification.
5. 15A NCAC 02H.1042(2)(h)(i) and .1053(3 and 5): The clean -out elevation was not included in the cross section
for Pond 2. The submitted Wet Pond supplement for Pond 2 indicates that the clean -out depth of the forebay is 12
inches. Please provide the benchmark for clean -out in the cross-section view of Pond2.
a. The cleanout elevation for Pond 2 has been added to the cross section and two (2)
copies of the revised plan sheet C4.3 have been included with this submittal. The
Wet Pond Supplement for Pond 2 has been revised to correct the cleanout depth to
84 inches and one (1) copy of the revised supplement is included.
4918 MAIN STREET. POST OFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA28459 •TEL: 910-754-8029 • Fax: 920-754-8049
FIRM LICENSE NUMBER: C-3014
Mr. Garrett Zorda 2
NC Shallotte Smith
June 12, 2019
6. 15A NCAC 02H.1042(2)(j): The submitted Operation & Maintenance Agreement indicates that the bottom
elevation of the forebay for Pond 2 is -0.5 fmsl. The plans, however, indicate that the bottom elevation of the fonbay is
-1 fmsl Please confirm the correct bottom elevation and ensure it is represented consistently throughout the application
package.
a. Plan Sheet C4.3 indicates the forebay bottom of Pond 2 is 0.00 finsl at the exit and -
1.00 finsl at the entrance. Per the MDC requirements the exit of the forebay is shown
to be higher than the entrance. The Wet Detention Pond Design Summary, page
four (4) of the O & M agreement has been revised and one (1) copy is included with
this submittal.
7. 1 SA NCAC 02H.1050(4):
a Please provide engineering calculations demonstrating that the inlets of the two ponds shall be designed to
protect the ponds from erosion resulting from stormwater flow into the ponds during the peak flow from the
10year storm event.
i. Please refer to the previously submitted Hydraflow Storm Sewer calculations.
Page 1— Line 1 (P-30), page 2 — Line 35 (P-17) and page 3 — Line 46 (P-92) of
the Hydraulic Grade Line Computations lists the velocities for the inlets to
the ponds. For the soil conditions and small slope of the inlets, the velocities
for these pipes will be non -erosive during the 10-year storm event. The pages
are included with this submittal with the pipes highlighted for your ease of
reference.
b. Please provide engineering cakulationr demonstrating that the outlets of the ponds will not cause erosion
downslope of the discharge point during the peak flow from the 10 year storm event. This can be accomplished
by providing the rip -rap calculations.
i. Please refer to the previously submitted Hydraflow Storm Sewer calculations.
Page 2 — Line 43 (OS-P2) & Line 44 (OS-P1) and page 3 — Line 45 (OS2-P1)
of the Hydraulic Grade Line Computations lists the velocities for the outlets
of the ponds. For the soil conditions and small slope of the outlets, the
velocities for these pipes will be non -erosive during the 10-year storm event.
Rip Rap energy dissipation pads are included in the design to further protect
the downslope soils from erosion. The pages are included with this
submittal with the pipes highlighted for your ease of reference.
8. 1 SA NCAC 02H.1053(2):
a The submitted Wet Pond Supplement for Pond 1 indicates that the average depth of the main pool of Pond
1 is 6.0 ft. The calculations, however, indicate that the average depth of the main pool of Pond 1 is 6.1 ft
Please conform the correct average depth and ensure it is represented consistently throughout the application
package.
i. The Wet Pond Supplement for Pond 1 has been revised with the corrected
average depth of 6.1 feet and one (1) copy of the revised page is included with
this submittal.
b. The submitted Wet Pond Supplement for Pond 2 indicates that the elevation of the bottom of the permanent
pool is .00 fmsl Please correct this item to reflect the correct elevation of 0.00 fmsl.
i. This is a form error in Wet Pond Supplement for Pond 2. The elevation
entered in the form is 0.00 but the form puts a leading decimal in front of the
zero. This needs to be addressed by the form author.
4918 MAIN STREET* POST OFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA 28459 •TEL: 910-754-8029 *Fax: 920-754-8049
FIRM LICENSE NUMBER: C-3014
Mr. Garrett Zorda 3
NC Shallotte Smith
June 12, 2019
9. 15A NCAC 02H.1053(5):
a. Calculations supporting that the forebay volume is 15 to 20 percent of the volume in the main pool were not
included in the submitted calculations. Please provide calculations supporting that the forebay volume is 15 to
20 percent of the volume of the main pool.
i. The forebay volume calculations for Pond 1 and Pond 2 have been added to
the calculations. One (1) copy of the revised calculations is included with
this submittal
b. The submitted Wet Pond supplement for Pond 1 indicates that the volume of the forebay is 21,829 cubic
feet. Zhe stage storage table, however, indicates that the volume of the forebay for Pond 1 is 27,705.49 cubic
feet. Please confirm the correct volume and ensure it is represented consistently throughout the application
package.
i. The Wet Pond Supplement for Pond 1 has been revised to indicate the
corrected forebay volume. One (1) copy of the revised supplement for Pond 1
is included with this submittal.
C. The submitted Wet Pond supplement for Pond 1 indicates that the depth of the forebay entrance is 54
inches. The plans, however, indicate that the depth of the forebay entrance for Pond 1 is 72 inches. Please
confirm the correct entrance depth and ensure it is represented consistently throughout the application package.
i. The Wet Pond Supplement for Pond 1 has been revised to indicate the
corrected forebay entrance depth of 72 inches. One (1) copy of the revised
supplement for Pond 1 is included with this submittal.
d The submitted Wet Pond supplement for Pond 1 indicates that the depth of the forebay exit is 48 inches.
The plans, however, indicate that the depth of the forebay exit for Pond 1 is 60 inches. Please confirm the
correct exit depth and ensure it is represented consistently throughout the application package.
i. The Wet Pond Supplement for Pond 1 has been revised to indicate the
corrected forebay exit depth of 60 inches. One (1) copy of the revised
supplement for Pond 1 is included with this submittal.
e. The submitted Wet Pond supplement for Pond 1 indicates that the clean -out depth of the forebay is 36
inches. The submitted plans, however, indicate that the clean -out depth of the forebay for Pond 1 is 48 inches.
Please confirm the correct clean -out depth and ensure it is represented consistently throughout the application
package.
i. The Wet Pond Supplement for Pond 1 has been revised to indicate the
corrected forebay cleanout depth of 48 inches. One (1) copy of the revised
supplement for Pond 1 is included with this submittal.
f. The submitted Wet Pond supplement for Pond 2 indicates that the depth of the forebay entrance is 90
inches. The plans, however, indicate that the depth of the forebay entrance for Pond 2 is 96 inches. Please
confirm the correct entrance depth and ensure it is represented consistently throughout the application package.
i. The Wet Pond Supplement for Pond 2 has been revised to indicate the
corrected forebay entrance depth of 96 inches. One (1) copy of the revised
supplement for Pond 2 is included with this submittal.
g. The submitted Wet Pond supplement for Pond 2 indicates that the clean -out depth of the forebay is 12
inches. The submitted Operation & Maintenance Agreement, however, indicates that the clean -out depth of
the forebay for Pond 2 is 84 inches. Please conform the correct clean -out depth and ensure it is represented
consistently throughout the application package
i. The Wet Pond Supplement for Pond 2 has been revised to indicate the
corrected forebay cleanout depth of 84 inches. One (1) copy of the revised
supplement for Pond 2 is included with this submittal.
4918 MAIN STREET 0POST OFFICE BOX 2469 aSHALLOTTE, NORTH CAROLINA 28459 aTEL: 910-754-8029 •Fax: 920-754-8049
FIRM LICENSE NUMBER: C-3014
Mr. Garrett Zorda 4
NC Shallotte Smith
June 12, 2019
The following represents the various components of the enclosed submittal documents:
• One (1) copy of the revised Wet Detention Basin Supplement for Pond 1;
• One (1) copy of the revised Wet Detention Basin Supplement for Pond 2;
• One (1) copy of the revised page 4 of the Pond 1 and Pond 2 O&M agreement;
• One (1) copy of the USACOE General Permit (Regional and Nationwide) Verification;
• One (1) copy of the 401 Water Quality Certification;
• One (1) copy of the revised Stormwater Calculations and
• Two (2) copies of the revised Design Plan Sheets C4.0 — Stormwater Structure Plan; C4.1 — Stormwater
Pipe Plan; and C-4.3 — Stormwater Pond #2 Details.
• Pages 1, 2 and 3 of the Hydraflow Stormsewer Report — highlighted for reference only.
Should you have any questions or comments, please do not hesitate contacting our office at your convenience.
Sincerely,
FOL
J. Christian Russell, P.E.
Enclosures
PC: Mr. Philip J. Wilson — via email (NC Shallotte Smith)
File: 1960 (NC Shallotte Smith)
4918 MAIN STREET ePOST OFFICE BOX 2469 aSHALLOTTE, NORTH CAROLINA 28459 aTEL: 910-754-8029 •Fax: 910-754-8049
FIRM LICENSE NUMBER: C-3014
ROY COOPER
Governor
MICHAEL S. REGAN
S. DANIEL SMITH
btterlmDbu or
June 6, 2019
NORTH CAROLINA
Ew&vm wddQuaW
Via email only: brotrers(a�,realtylinkdev.com
NC Shallotte Smith, LLC
Attn: Philip J. Wilson, Member -Manager
550 South Main Street, Suite 300
Greenville, SC 29601
Subject: Request for Additional Information
Stormwater Project No. SW8 190601
NC Shallotte Smith
Brunswick County
Dear Mr. Wilson:
The Wilmington Regional Office received and accepted an Express State Stormwater Management Permit
Application for the subject project on June 4, 2019. 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:
15A NCAC 02H.1003(7) and .1042(2)(k): Proposed deed restrictions for two outparcels, Out Lot
1 and Out Lot 2, were submitted as part of the application package, however, no outparcels were
delineated on the plans. Additionally, the portions of the project previously allotted for the two
outparcels have been redesigned to include proposed BUA. Please confirm one of the following:
a. No outparcels are proposed at this time. In this case, proposed deed restrictions are no
longer needed.; or
b. The two outparcels, Out Lot 1 and Out Lot 2, are still proposed as part of this project. If
the outparcels are still proposed, please delineate the outparcel areas on the plans.
2. 15A NCAC 02H.1042(2)(f): Please provide a separate set of the stage -storage tables for Pond
and Pond 2 to add to the calculations. We cannot accept calculations just being shown on the
plans.
3. 15A NCAC 02H.1042(2)(g)(vii): The invert elevations for the inlet to Pond land the inlet to
Pond 2 were not included on the plans. Please provide the invert elevations for the inlet to Pond
and the inlet to Pond 2.
4. 15A NCAC 02H.1042(2)(f and g): As discussed in the Express submittal meeting on June 4,
2019, please provide an updated/renewed USACOE verification.
5. 15A NCAC 02H.1042(2)(h)(i) and .1053(3 and 5): The clean -out elevation was not included in
the cross section for Pond 2. The submitted Wet Pond supplement for Pond 2 indicates that the
clean -out depth of the forebay is 12 inches. Please provide the benchmark for clean -out in the
cross-section view of Pond 2.
6. 15A NCAC 02H.1042(2)0): The submitted Operation & Maintenance Agreement indicates that
the bottom elevation of the forebay for Pond 2 is -0.5 fmsl. The plans, however, indicate that the
bottom elevation of the forebay is -1 fmsl. Please confirm the correct bottom elevation and ensure
it is represented consistently throughout the application package.
7. 15A NCAC 02H.1050(4):
a. Please provide engineering calculations demonstrating that the inlets of the two ponds
shall be designed to protect the ponds from erosion resulting from Stormwater flow into
the ponds during the peak flow from the 10-year storm event.
:F North Cardba D*anmets of &r*— rKal Qaallty I DWIsIon of Energy, Mlnual and Lail Resources
REWffmhw= ReglwwI office 1127 Candl W Drtve Ext=Won I � North Carolhu 28405
swr®.eo� 910.790215
State Stormwater Permit No. SW8 190601
Page 2 of 3
b. Please provide engineering calculations demonstrating that the outlets of the ponds will
not cause erosion downslope of the discharge point during the peak flow from the 10-year
storm event. This can be accomplished by providing the rip -rap calculations.
15A NCAC 02H.1053(2):
a. The submitted Wet Pond Supplement for Pond 1 indicates that the average depth of the
main pool of Pond 1 is 6.0 ft. The calculations, however, indicate that tree average depth
of the main pool of Pond 1 is 6.1 ft. Please confirm the correct average depth and ensure
it is represented consistently throughout the application package.
b. The submitted Wet Pond Supplement for Pond 2 indicates that the elevation of the
bottom of the permanent pool is .00 finsl. Please correct this item to reflect the correct
elevation of 0.00 finsl.
9. 15A NCAC 02H.1053(5):
a. Calculations supporting that the forebay volume is 15 to 20 percent of the volume in the
main pool were not included in the submitted calculations. Please provide calculations
supporting that the forebay volume is 15 to 20 percent of the volume of the main pool.
b. The submitted Wet Pond supplement for Pond 1 indicates that the volume of the forebay
is 21,829 cubic feet. The stage storage table, however, indicates that the volume of the
forebay for Pond 1 is 27,705.49 cubic feet. Please confirm the correct volume and ensure
it is represented consistently throughout the application package.
c. The submitted Wet Pond supplement for Pond 1 indicates that the depth of the forebay
entrance is 54 inches. The plans, however, indicate that the depth of the forebay entrance
for Pond 1 is 72 inches. Please confirm the correct entrance depth and ensure it is
represented consistently throughout the application package.
d. The submitted Wet Pond supplement for Pond 1 indicates that the depth of the forebay
exit is 48 inches. The plans, however, indicate that the depth of the forebay exit for Pond
1 is 60 inches. Please confirm the correct exit depth and ensure it is represented
consistently throughout the application package.
e. The submitted Wet Pond supplement for Pond 1 indicates that the clean -out depth of the
forebay is 36 inches. The submitted plans, however, indicate that the clean -out depth of
the forebay for Pond 1 is 48 inches. Please confirm the correct clean -out depth and ensure
it is represented consistently throughout the application package.
f. The submitted Wet Pond supplement for Pond 2 indicates that the depth of the forebay
entrance is 90 inches. The plans, however, indicate that the depth of the forebay entrance
for Pond 2 is 96 inches. Please confirm the correct entrance depth and ensure it is
represented consistently throughout the application package.
g_ The submitted Wet Pond supplement for Pond 2 indicates that the clean -out depth of the
forebay is 12 inches. The submitted Operation & Maintenance Agreement, however,
indicates that the clean -out depth of the forebay for Pond 2 is 84 inches. Please confirm
the correct clean -out depth and ensure it is represented consistently throughout the
application package.
10. Due to the relatively minor nature of these comments, the express additional information review
fee has been waived.
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).
The requested information should be received in this Office by June 13, 2019, or the application will be
returned as incomplete. If the project is returned and you wish to re -submit to the Express Program, you
will need to reschedule the project through the Express Coordinator for the next available review date and
will need to resubmit all required items at that time, including the application fee.
If additional time is needed to submit the requested information, please email your extension request,
prior to the original due date, to the Division at the email address provided below. The extension request
must include a justification and a date of when the requested information will be submitted to the
Division, which shall be no later than 5 business days past the original due date. Please remember that
extension requests delay the issuance of the final permit.
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.
State Stormwater Permit No. SW8 190601
Page 3 of 3
Please label all packages and cover letters as "Express" and reference the State assigned project number
on all correspondence. If you have any questions concerning this matter, please feel free to call me at
(910) 796-7215 or email me at garrett.zorda@ncdenr.gov.
Sincerely,
O
Garrett Zorda
Environmental Engineer
GDS/gdz: \\\Stormwater\Perinits & Projects\2019\190601 HD\2019 06 addinfo 190601
cc: J. Christian Russell, PE, East Coast Engineering & Surveying; via email: crussell@eces.biz
Wilmington Regional Office Stormwater File
Zorda, Garrett D
From: Zorda, Garrett D
Sent: Thursday, June 6, 2019 3:12 PM
To: brogers@realtylinkdev.com; Chris Russell
Cc: Georgette Scott (georgette.scott@ncdenr.gov)
Subject: NC Shallotte Smith (SW8 190601) - Request for Additional Information
Attachments: 2019 06 addinfo 190601.pdf
All,
Attached is a pdf of the request for additional information for the subject project. There are just a few items that need
to be addressed. Please let me know if you have any questions or concerns.
Thanks,
Garrett Zorda
Environmental Engineer
Division of Energy, Mineral and Land Resources State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7345 direct
garrett.zordaft ncdenr.Qov
127 Cardinal Drive Ext.
Wilmington, NC 28405
" ''Nothing Compares-,,
,,
KC-1
Email correspondence to and from this address is subject to the
North Carolina Public Records taw and may be disclosed to third parties.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2014-00499 County: Brunswick U.S.G.S. Quad: NC -HOLDEN BEACH
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: BYWR. LLC � � � ! ��
Attn: Mr. William Ratlev 6
Address: 1927 Oak Harbour Dr. SW
Ocean Isle Beach, NC 28469 J U N 0 4 2019
Telephone Number: RR
Size (acres) 48.2 Nearest Town Shailoke--
Nearest Waterway Shallotte River River Basin Carolina Coastal-Sampit, North Carolina
USGS HUC 3040207 Coordinates Latitude: 33.9826012634254
Longitude:-78.3768681525326
Location description: Project area is located northeast of the intersection of Smith Avenue and Main Street (US Hwy 17) in the
Town of Shallotte, Brunswick County, North Carolina.
Description of projects area and activity: Proposed mixed -use development of a big box retail/grocery store, six
retail/commercial outparcels and one multi -family outparcel. Impacts result in 0.27 acre of wetlands. 63 LF of stream and 0.05
acre of RPW.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 39
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 10/03/2014. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Emily Hughes at 910-2514635 or Emily.B.Hugbesausace.armv.mil.
Corps Regulatory Official:
HUGHES.EMILY.BURTON.12890736 DNgtU5,I- G-enmenE o�i��Do0. u-1PI�ou3Uq
60 cn-HUGHES.EMILYBURMN.1289W3Wa
Dace 2014,10.1415:11:17 -W W
Expiration Daie of Verification: March 18, 2017
Date: 10/14/2014
SAW-2014-00499
SPECIAL CONDITIONS
1) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation
Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this
form, are hereby incorporated as special conditions of this permit authorization.
HUGHES.EMILY.BURTON.12 DN: Digitally
o-U.S. G—HUGnment', —BDUoD u=' 10, —USA,
Corps Regulatory Official: 89073660 ca=NUGN.10.14ESMILY.BU-.14-" 89073660 Date: 10/14/2014
Date: 2014.10.1415:12:14-04'00'
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our customer Satisfaction Survey online at http://re ug latM.usacesurva.com/.
Copy furnished:
Kim Williams, Land Manamment Group, Inc.. 3805 WriAtsville Ave, Suite 15, Wilmington, NC 28403
Action ID Number: SAW-2014-00499 County: Brunswick
Permittee: BYWR. LLC
Attn: Mr. William Ratlev
Project Name: Smith Avenue Commercial Development/William Ratlev, BYWR, LLC
Date Verification Issued: 10/14/2014
Project Manager: Emily Hughes
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Emily Hughes
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
WA
A4
I�CIN
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
September 30, 2014
Brunswick County
DWR Project #: 14-0948
BYWR, LLC
Mr. William D. Ratley
1927 Oak Harbour Drive SW I c
Ocean Isle Beach NC 28469 ..��€�r .
JUN 0 4 2019
Subject Property: Smith Avenue Site - Shallotte;
-
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ratley,
You have our approval, in accordance with the attached conditions and those listed below, to impact
0.27 acres of 404 wetlands, 63 linear feet of stream, and 0.05 acres of open waters (relatively
permanent waters - RPW) in order to construct a commercial/retail shopping center as described
within your application received by the Division on September 4, 2014. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number 3890 (GC 3890).
This Certification allows you to use the Nationwide Permit 39 (NW39) when issued by the U.S.
Army Corps of Engineers. In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 Permit. This Certification can also be found on
line at: hM://portal nedenr or web/wq/swp/ws/401 /certsandpermits.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the
future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796-721511nternet: www,nodenr.gov
An Equal Opporluniy l Af wilve Aodon Employer — Made in part by recycled paper
2
Smith Avenue Site
Brunswick County
2014-0948
The Additional Conditions of the Certification are:
1. Impacts Approved
Type
Amount Approved This
Version (Units)
Plan Location or Reference
404 Wetlands (Permanent)
0.27 acres
PCN A lication page 5 of 11
Stream (Permanent)
63 Linear Feet
PCN Application page 5 of 11
Open Water RPW (Permanent)
0.05 acres
PCN Application page 6 of 11
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification(s)/Permit/Authorization and is
responsible for complying with all conditions.
3. This General Certification shall expire on the same day as the expiration date of the
corresponding 404 Permit. The conditions in effect on the date of issuance of the Certification
for a specific project shall remain in effect for the life of the project, regardless of the expiration
of this Certification.
4. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal law. If the Division determines that such standards or laws are not being met,
including failure to sustain a designated or achieved use, or that State or Federal law is being
violated, or that further conditions are necessary to assure compliance, than the Division may
reevaluate and modify this General Water Resources Certification.
5. Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. It shall be the
responsibility of the permittee to review all construction drawings with the approved permit
drawings to determine that the drawings are consistent. The applicant shall require the
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at all
times. Documentation via letter or e-mail must be provided to the Division prior to the start of
construction confirming that the construction drawings are consistent with the permitted
drawings. If the drawings are not consistent, the applicant is required to notify the Division, c/o
Chad Coburn, Wilmington Regional Office and address the inconsistencies prior to working in
wetlands.
6. Sediment and Erosion Control Measures
Sediment and erosion control measures shall be in place prior to ANY land disturbing activities
commencing. The silt fences shall be installed in accordance to plan and the side cast from the
3
Smith Avenue Site
Brunswick County
2014-0948
trenching shall be placed on the impacted side of the fence and NOT the side of the wetland that
is to be left undisturbed. The permittee must maintain the fencing, at a minimum, until the
Division of Energy, Minerals and Land resources, Land Quality Section, releases the site from
their sedimentation 9 d posion control requirements. The fencing must then be removed within
6 weeks.
7. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable.
8. Turbidity
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15A NCAC 2B 0200. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215.
9. Wetland Boundary Identification
The wetland boundary must be clearly identified as depicted on the jurisdictional determination
map signed by the US Army Corps of Engineers. The wetland boundary identification
(flagging, fencing, etc.) must be maintained until the project is completed.
10. All mechanized equipment operated near surface waters or wetlands will be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical
spill, the permittee/contractor shall immediately contact the Division of Water Resources,
between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after
hours and on weekends call (800) 858-0368. Management of such spills shall comply with
provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act.
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Resources,1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 Permit.
This approval and its conditions are final and binding unless contested.
4
Smith Avenue Site
Brunswick County
2014-0948
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by
calling the OAH Clerk's Office at (919) 431-3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAR A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in
Raleigh at 919-80.7-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796-
7215.
S., cerely, `\
A gson, Regional Sup ' or
W uality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: GC 3886
cc: Kim Williams — Land Management Group, Inc., 3805 Wrightsville Avenue,
Wilmington, NC 2.8403
Emily Hughes — USACE Wilmington Field Office
Karen Higgins — 401 and Buffer Permitting Unit
WiRO
Certification of ComRietion
DWR Project No.:
A,ppplicant:
Project Name:
Date of Issuance of Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, _ _ , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: _ Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. - Date
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2014-00499 County: Brunswick County U.S.G.S. Quad: Holden Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Peniniuee:
Address:
Telephone Number:
E-mail Address:
Size (acres)
Nearest Waterway
USGS HUC
Realty Link
Attn: Brett Rogers
550 South Main Street
Greenville, SC 29601
(864)242-5438
brogersna,realtvlinkdev.com
48.2 acres
Shallotte River
03040208
Nearest Town Shallotte
River Basin Lower Pee Dee
Coordinates Latitude: 33.98260
Longitude:-78.37680
Location description: This historic project is mostly undeveloped. The development that does exist includes a building pad and
a parking lot. The project is located on Smith Avenue in Shallotte, Brunswick County, NC.
Description of projects area and activity: This project will use a NWP 39 to impact .20 acres of wetlands. Mitigation at a 2:1
ratio will be required to offset the wetland loss. Mitigation in the amount of .40 acres of Non Riparian wetlands will be
purchased at the Stone Farm Mitigation Bank.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: 39 Commercial Development
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECL4L CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated May 16, 2019. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
SAW-2014-00499
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Gary Beecher at (910) 251-4635 or Gary.H.BeecherAaD,usace.armv.mil.
Corps Regulatory Official: _A�
Date: May 16, 2019
Expiration Date of Verification: NWP 39 will expire on March 18, 2022
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps dislaict for further
instruction. Please note, if work is authorized by either a genera! or Nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for fiuther instruction.
5. ® The aquatic resources within the above described project area have been identified under a previous action Please reference
the approved jurisdictional determination issued. Action ID: SAW-2014-00499.
B. Basis For Jurisdictional Determination:
C. Remarks: A NWP 39 was issued to this site in 2014 for impacts to 0.27 acres of wetlands, 63 LF of stream and 0.05 acres
of Jurisdictional ditch impacts. To offset the wetland impacts, 0.47 credits of Riparian Non Riverine credits were
purchased on October 14, 2015 at the Stone Farm Mitigation Bank.
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
SAW-2014-00499
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria -for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by July 14, 2019.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Gary H. Beecher
Date of JD: May 16, 2019 Expiration Date of JD: PJD Issued
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
htt:/n /cgMaMapu.usace.gM.mil/cm apex/f?p=136:4:0.
Cony furnished via e-mail to:
BYWR. LLC
Attn: William Ratley
1927 Oak Harbour Drive, SW
Ocean Isle Beach, NC 28469
(910)824-4000
wdratlevQatmc.net
Kim Williams
Land Management Grout), LLC
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
(910)452-0001
kwilliamsallmgrout).net
SAW-2014-00499
SPECIAL CONDITIONS
401 Water Quality Certification: If a 401 Water Quality Certification from the North Carolina
Division of Water Resources is required, then the permittee shall provide the Corps with a copy
of the required certification or waiver of certification from the state prior to proceeding with the
work in waters of the U.S. The permittee shall comply with all conditions of the state
certification.
2. Erosion Control: The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside
the permit area. This shall include, but is not limited to, the immediate installation of silt fencing
or similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
3. Work Limits: All work authorized by this permit shall be performed in strict compliance with the
attached permit plans dated May 15, 2019, which are a part of this permit. The Permittee shall
ensure that the construction design plans for this project do not deviate from the permit plans
attached to this authorization. Any modification to the attached permit plans must be approved
by the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or
wetlands.
4. Mitigation: In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on the form, are hereby incorporated as special conditions
of this permit authorization.
Action ID Number: SAW-2014-00499 County: Brunswick County
Permittee: Brett Rozers
Realty Link
Project Name: Smith Avenue Commercial Development
Date Verification Issued: May 16, 2019
Project Manager: Gary Beecher
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gary Beecher
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Realty Link File Number: SAW-2014-00499 Date: May 16, 2019
Attn: Brett Rogers
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERN 1NATI0N
D
EJ
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECT'IONT l - The following identifies yout rights -Lid options regarding an administrative appeal ofthe ahovF° decision.
Additional inforrnatioi� :may be formmd w� llltp:1/W"-��.Lr;ace.ariiiv.mii/PVLissiotis/Civilworks/'Re Lllato Pro ralmjidPerrnits.as x or
Corps regulations at 33 C R Pali 33111.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section Il of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
e APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION 11- "UE:.ST FOR APPEAL or OBJECTIONS TO AN INI`HAL PROFFERED PERMIT'
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION-
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Gary Beecher CESAD-PDO
69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, North Carolina 28403 60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: 404 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: I Telephone number:
of appellant or
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Emily Hughes, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibiiity Transfer Form
Permittee: Mr. Brett Rogers
Project Name: NC Shallotte Smith
Action ID: SAW-2014-00499
County: Brunswick
Instructions to Permittee: The Permittee must provide n copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Ravin• n3n4mnA i nujor Doo no.
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.20 acres
IT more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03040208 Lower Pee Dee
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
4.0 credits
Mitigation Site Debited: Stone Farm Regional Mitigation Farm
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 23 November, 2015
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form. thoueh the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within Jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsorshould provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email. todd.tugwe11@usace.army.m11). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Gary Beecher
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email: gary.h.beecher@usace.army.mil
."I"anager Signature
May 1 6.2019
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2of2
The Wilmington District is committed to providing the highest level of support to the public. To heip us ensure we continue to do so, please compiete the
Customer Satisfaction Survey located at our website at http://regulatory.usaresurvey.com/ to complete the survey online.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitieation Responsibility Transfer Form
Permittee: BYWR, LLC, Attn: William Ratley
Project Name: SmRh Ave. Commercial Development
Action ID: SAW-2014-00499
County: Brunswick
instructions to Permiittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
permitted Impacts Reaulrina Mitigation* "kit HUC and Basin: 03040207, Lumber River Basin
Stream impacts (linear feet)
Wetland impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
I Non -Riparian
Gaastal
63
1 0.27
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
rmmneneatnry Mitigation Requirements: 8-digit HUC and Basin: 03040207, Lumber River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Rnrerine
Non -Riparian
Coastal
126
0.47
Mitigation Site Debited: Stone Farm Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. if the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized .to approve mitigation
transactions for the Mitigation Sponsor shown below, and i certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name: Stone Farm Mitigation Bank, LLC DBA Stone Farm Mitigation Bank
Name
Signature of
DeCarol Williamson, Co-Pdanager
Authorized Representative
/0 -a.2-IV
bate of Signature
Page 1 of 2 Form Updated 12 September, 2014
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
■ Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the miligation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USAGE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance, however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
e Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCiRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this farm along with an updated bank ledger to: 1) the Permittee, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitlgatlon Office, Attn: Todd Tugwell,
11405 Falls of Neuse Road, Wake Forests NC27587 (email: todd.tuawe11@usalce.army.m1Q, Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Emily Hughes
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
fig Darlington Avenue
Wilmington, NC 28403
Email:
HUGHES.EMILY.BURTON.128907�.�;
660 �' �oisia +i October 14`2014
USACE Project Manager Signature Date of Signature
Current Wilmington district mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil
Page 2 of 2
The Wilmin=n District is committed to providing the highest level of supportto the public. To heip us ensure we continue to do so, please complete the
customer Satisfaction Survey located at our website at httn//raaulator usagesurvey.com/ to complete the survey online.
ALL PARTIES ACKNOWLEDGE THAT PHI1M J. WILSON, W. NEIL WILSON AND JOHN C. JAMISON
ARE LICENSED REAL ESTATE AGENTS AND/OR BROKERS IN THE STATE OF SOUTH CAROLINA
AND ARE MEMBERS OF REALTYLINK INVESTMENTS, LLC.
AGREEMENT FOR SALE OF PROPERTY
THIS AGREEMENT (the "Agreement"} made and entered into by and between BYWR, LLC, a
North Carolina limited liability company (hereinafter called "Seller') and RealtyLink Investments, LLC, a
South Carolina limited liability company and or assigns (hereinafter called "Purchaser") as of the Effective
Date ("Effective Date'.
ECEIVE
WITNESSETH: JUN 0 4 2019
BY:
WHEREAS, Seller is desirous of selling certain property and Purchaser is desirous of acquiring
Property.
NOW, THEREFORE, for and in consideration of the sum of
Dollars (hereinafter referred to as "the Earnest Money') in cash or in the form of an Irrevocable Letter of
Credit made payable to Seller, paid by Purchaser, to be held by Stewart Title Guaranty Company ("the
Escrow Agent") and delivered to the Escrow Agent within three (3) business days of all parties executing this
Agreement and the mutual agreements between the parties contained herein, and other good and valuable
consideration, the parties hereto agree as follows:
ARTICLE I
AGREEMENT TO SELL AND BUY
1.01 Seller agrees to sell and Purchaser agrees to purchase said Property located on Smith
Avenue and Main Street, Shallotte, Brunswick County, North Carolina (hereinafter called the "Property")
being outlined which shall be a total of eleven (11) parcels containing a total of approximately 32.43 acres as
shown on the attached Exhibit A. This Agreement is subject to the Property containing said acreage, all as
designated on a plat that is attached as Exhibit A. The exact description to the Property and easements shall
be shown on the survey as provided in Section 3.02 below and shall be attached to this Agreement as Exhibit
B.
NC Shallotte Smith, LLC
1.02 Seller shall convey to Purchaser at closing good, marketable, and insurable fee simple
title to the property subject only to (I) property taxes for the year 2018 depending on actual closing of
property, which are not yet due and payable, (H) all plats, covenants, restrictions, governmental reauirements,
rules and regulations, setback lines, roadways, easements and rights of way of record affecting the Property
which are approved by the Purchaser ("Permitted Exceptions').
ARTICLE II
PRICE AND PAYMENT
2.01 The purchase price of the Property shall be
Dollars. The purchase price shall be paid in cash, certified funds or wire transfer at
closing less the Earnest Money Deposit.
ARTICLE III
11174E EXAMINATION & SURVEY
3.01 Purchaser shall have the right to have the title to the Property examined during the Due
Diligence Period. In the event the results of such examination are not satisfactory to Purchaser, Purchaser
shall on or before the end of the Due Diligence Period, notify Seller thereof and Seller shall have ten (10)
days after notice thereof in which to correct any objection. If Seller shall fail to correct any such objection
within said period to the sole and absolute satisfaction of Purchaser, then Purchaser shall have the option of
(a) Postponing the Due Diligence Period hereunder for a period of ten (10) days or until
such objection is corrected by Seller whichever comes first; or
(b) Declining to accept the Property with such objection, such choice to be exercised by
written notice to Seller within ten (10) calendar days following the end of the ten (10) day period set forth
above for the correction by Seller of such objection. Should Purchaser decline to purchase the Property as
provided for in this paragraph 3.01(b), then Seller shall promptly refund the Earnest Money Deposit and this
Agreement will terminate and be of no further force and effect.
Should Purchaser elect to postpone the Due Diligence Period under (a) above and should said
objection remain uncorrected for ten (10) days, Purchaser shall have the further choice of option (b) set forth
above in this paragraph, such choice to be exercised by written notice to Seller mailed within ten (10)
calendar days following the end of such postponement period.
NC Shallotte Smith, LLC 2
3.02 Purchaser shall at Purchaser's expense have the Property surveyed by a(n) North
Carolina registered land surveyor, to provide a survey within the Due Diligence Period. If the survey shows
any encroachments on tl} a land herein described, or that there are any easements or roadways- on the land,
other than public utility easements acceptable to Purchaser, or referred to in this Agreement, written notice to
that effect shall be given to Seller and such situation shall be treated in the same manner as title defects as set
forth in Section 3.01. Said survey shall include all topographical and utility data, improvements and the
adjacent driveways.
ARTICLE IV
4.01 Purchaser and Seller hereby understand and agree that neither has dealt with any real
estate companies relative to this transaction with the exception of who represents
Purchaser ("Broker'). Seller shall pay a commission of the total sales price at the
close of property to be paid to pursuant to a separate commission agreement
between Seller and Purchaser and Seller hereby mutually agree to indemnify and
hold each other harmless from claims of any real estate fees or commissions from any other parties claimed
as a result of the transaction contemplated by this Agreement. At Closing, Seller and Purchaser shall cause
their respective Brokers to each deliver a Commercial Real Estate Broker's Lien Waiver in compliance with
Chapter 44A, Article 2, Part 4 of the North Carolina General Statutes.
ARTICLE V
DUE DILIGENCE
5.01. The Purchaser shall have the privilege of entering upon the Property, at Purchaser's sole
risk and expense, for the purpose of conducting inspections, examinations and other pre -development
activities, including environmental surveys, to determine the suitability of the Property for Purchaser's
purposes as a condition of entry onto the Property. Purchaser shall indemnify and hold Seller harmless from
the actions of Purchaser or its employees, agents, or representatives in conducting their inspection activities.
Purchaser shall not unreasonably disturb the condition of the Property in the course of its inspections
activities and shall assure that the condition of the Property at the end of these activities is not changed as a
result of them. Seller shall provide to the Purchaser, within five (5) days of the Effective Date of this
NC Shallotte Smith, LLC 3
Agreement, past documents that Seller may have relating to the property, including but not limited to,
Environmental Studies, Surveys, Site Studies, Civil Engineering Plans, Soil, Compaction and Geotechnical
Reports, Wetlands Determination, 'Wetlands impact Reports, Title Policies and any additional docu,rdents
relating to the closing of the property ("Seller Deliveries"). Seller makes no representation or warranty as to
the accuracy of the information contained in the Seller Deliveries. The Purchaser shall have a period of One
Hundred Twenty (120) days from the Effective Date of this Agreement to complete its due diligence review
of the Property, hereinafter referred to as the "Due Diligence Period", and determine in its sole discretion the
suitability of the Property for Purchaser's purposes. Should Purchaser determine during the Due Diligence
Period that the Property is unacceptable to Purchaser, for any reason, then Purchaser shall notify Seller and
Escrow Agent in writing and Escrow Agent shall promptly refund in full to Purchaser the Earnest Money and
all accrued interest and this Agreement shall thereupon be null and void and of no further force and effect.
Should Purchaser fail to provide notification during the Due Diligence Period to Seller that the Property is
unacceptable, and then the Earnest Money shall become non-refundable except as otherwise provided for in
this Agreement.
5.02 The Purchaser shall have three (3) 90-day options to extend the Closing as defined below
in provision 7.01 by Dollars in the form of cash or
a letter of credit, for each 90-day option (the "Extension Period'). The additional Earnest Money shall be
paid by Purchaser in the amount of and shall be deposited with
and made payable to Escrow Agent. Said Earnest Money and Additional Earnest Money shall become non-
refundable, except as otherwise provided for in this Agreement, but applicable to the Purchase Price at
Closing.
ARTICLE VI
UTILITIES, GRADING and EASEMENTS
6.01. Seller hereby represents to the best of Seller's knowledge, without having made any
independent investigation, that all gas, electricity, water, storm and sanitary sewer and other utility
services are available for immediate use without additional cost and are located at the boundary of the
subject Property within the public right of way or easement of record in sufficient quantities and at
adequate pressures to serve Purchaser's intended use in the capacity and size required for the operation of
NC Shallotte Smith, LLC 4
Purchaser's intended use, to include any required easements for storm water drainage and detention
system.
ARTICLE VII
CLOSING
7.01 The closing (the "Closing") of this transaction shall take place within sixty (60) days from
the expiration of the Due Diligence Period or such other time as Purchaser and Seller agree. Purchaser shall
select for the loan closing and real estate closing (the "Closing Agent").
Closing and settlement shall take place at the office of the Closing Agent, or shall be handled by mail if
mutually agreeable to the parties. Escrow Agent shall cause the Earnest Money to be delivered to Closing
Agent in time for disbursement of funds.
receive:
7.02 At the Closing, Seller shall assign and/or deliver to Purchasers or Purchaser shall
(a) General Warranty Deed with stamps attached conveying fee simple title to the
Property to Purchaser, or its designee or assignee in form for recording and subject to the matters set forth in
Section 1.02. Hereof.
(b) Seller and Purchaser shall each deliver to each other proper authority documentation
authorizing this Agreement and the transaction contemplated hereby.
company.
(c) Seller shall deliver standard title insurance affidavits as requested by the title
(d) All other documents reasonably requested by Purchaser necessary to consummate
the transaction contemplated by this Agreement.
7.03 The Seller shall be responsible for all property taxes, rollback taxes and applicable fees
through the date of closing, deed stamps/bransfer taxes, one-half of any escrow fees charged by the Closing
Agent and Seller's Attorney's fees. Purchaser is responsible for the cost of recording the transfer, Purchaser's
Attorney's fees, one-half of any escrow fees charged by the Closing Agent and for cost of purchaser's title
examination and insurance.
NC Shallotte Smith, LLC 5
ARTICLE VQI
DEFAULT
8.01 If said sale is not consummated because of Purchaser's default, the Seller shall be
entitled to and shall accept the Earnest Money as full liquidated damages for Purchaser's default and this
shall be Seller's sole remedy against Purchaser unless Purchaser has caused any damages relative to its
inspections provided for in Paragraph 5.01. If said sale is not consummated because of Seller's default, then
Purchaser shall be entitled to the Earnest Money and Seller shall immediately pay to the Purchaser said
Earnest Money; provided however, that in addition to return of the Earnest Money, Purchaser shall have any
other remedy against Seller available in law or equity including specific performance. Any defaults by
Purchaser are not enforceable and no penalties shall be construed during the Due Diligence Period.
ARTICLE I K
AHSCELLANEOUS
9.01 This Agreement may be assigned or transferred in whole or in part by Purchaser to
another legal entity in which Mr. Philip Wilson has a majority and controlling ownership interest without the
consent of Seller. Any other assignment of this Agreement to any third party shall require the prior written
consent of Seller.
9.02 Whenever any notice, demand or request is required or permitted hereunder, such
notice, demand or request shall be given in writing and hand delivered in person, sent by facsimile
transmission with proof of transmission, registered or certified mail, return receipt requested, reputable
overnight delivery service such as Federal Express Company or other reliable, traceable overnight courier,
addressed to the parties as follows:
As to Purchaser: RealtyLink Investments, LLC
550 S. Main Street
Suite 300
Greenville, SC 29601
Attention: Maude B. Davis
Telephone: (864) 263-5422
Facsimile: (864) 232-0160
Email: mdavis@realtylinkdev.com
With Copy to:
NC Shallotte Smith, LLC 6
As to Seller: BYWR, LLC
Attention: William D. Ratley
1927 Oak Harbour Drive, SW
Ocean Isle Beach, NC 28469
Telephone: (910) 824-4000
Facsimile:
Email: wratte h) P _
With Copy to
Any notice, demand or request which shall be served upon either of the parties in the manner
aforesaid shall be deemed sufficiently given for all hereunder (1) at the time of such notices, demands or
requests are hand delivered in person (2) three (3) business days after mailing or one (1) business day after
sending by overnight courier or (4) the date of facsimile transmission. At no time shall either party be
required to send more than an original and two (2) copies of any designate by written notice to the other party
such other person or persons and at such other place or places in the United States as Purchaser or Seller may
desire written notices to be delivered or sent in accordance herewith.
9.03 In order to facilitate the marketing of the Property for Buyer's intended use, Seller
consents to Buyer's placement of marketing signs along the perimeter of the Property and marketing of the
NC SP►allotte Smith, LLC 7
Property using standard methods of providing marketing information, including but not limited to,
electronic and internet transmission, provided, however, in the exercise of the rights herein given, neither
Buyer nor such other parties shall unreasonably interfere with the use by Seller of ldhe Property, if same is
being used.
9.04 As part of this transaction, Seller and Purchaser shall both execute a standard Escrow
Agreement, attached hereto as Exhibit "C".
9.05 No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and executed by all parties with the same formality as this
Agreement is executed.
9.06 Time is of the essence of this Agreement.
9.07 This Agreement constitutes the entire Agreement of the parties hereto and no
representation, inducement, promises or agreements, oral or written, between the parties not embodied herein
shall be of any force and effect.
9.08 If any term, covenant or condition of this Agreement or the application hereto any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement
shall be unaffected and shall be valid and be enforced to the fullest extent permitted by law.
9.09 This Agreement shall be construed and interpreted under the laws of the State of North
Carolina.
9.10 The provisions of this Agreement shall be binding upon and shall inure to the benefit of
Purchaser, Seller and their respective heirs, executors, administrators, successors, assigns and the legal
representatives of their estates.
9.11 Seller has not placed or caused to be placed upon the Property any hazardous or similar
type wastes and except as may be disclosed in the Seller Deliveries pursuant to Paragraph 5.01, Seller has no
knowledge of the presence of any hazardous waste nor does Seller, to its knowledge, know of any violation
of any environmental laws, rules or regulations affecting the Property.
9.12 Seller affirms that no options or other contracts have been granted or entered into which
are still outstanding and which give any other party a right to purchase or lease any interest in the Property or
any part thereof.
9.13 The provisions of this Agreement shall survive closing of this transaction.
9.14 This Agreement may be executed in any number of counterparts, each of which, when
so executed and delivered, shall be deemed an original, but such counterparts together shall constitute but
NC Shalloft Smith, LLC $
one and the same instrument. Electronically transmitted signatures (via facsimile, pdf file, or otherwise)
shall be deemed valid and original signatures.
9.15 The Effective Date of this Agreement shall be the date of the last signaturc to this
Agreement by either party. In the event any of these deadlines set forth in the Agreement falls on a
weekend or legal holiday, any obligation for performance by said deadline shall be extended to the next
business day.
9.16 Other Contingencies. The Purchaser's obligation to close on the acquisition of the
Property shall be contingent upon the following:
(i) The Property being free and clear of all above or underground storage tanks, lifts or lines,
asbestos and any other hazardous wastes and materials;
(ii) The Property being vacant and free and clear of all tenancies, leases, subleases and rights of
any occupants.
9.17 Tax Deferred Exchange. In the event Purchaser or Seller desires to effect a tax -deferred
exchange in connection with the conveyance of the Property, Purchaser and Seller agree to cooperate in
effecting such exchange; provided, however, that the exchanging party shall be responsible for all
additional costs associated with such exchange, and provided further, that a non -exchanging party shall
not assume any additional liability with respect to such tax -deferred exchange. Seller and Purchaser shall
execute such additional documents, at no cost to the non -exchanging party, as shall be required to give
effect to this provision.
SIGNATURES FOLLOWS ON NEXT PAGE
NC ShWlo* Smith, LLC 9
below. RW Wrl i4ESS WHEREOF, the parties have executed this Agreement as of dm data ag for&
� ME.;
M71 M, 4r --- M
NC Shallotte Smith, LLC
BYW14 LLC
By:
Title'
T'
"itle:
Data: -3 - 2 3 — I S
MALTYLM ipTVEBT=Ms, LLC
Name: Philip t
Title: Member
Date: 3 " Z— LIS
10
EXHIBIT A
Vacant Land located on Smith Avenue and Main Street, Shallotte, Brunswick County, North Carolina,
containing the following eleven (11) parcels:
1.) Parcel No. 19200020, containing 1.430 acres; t/
2.) Parcel No. 1820002204, containing 0.780 acres; V
3.) Parcel No. 1820002202, containing 1.040 acres; V
4.) Parcel No. 1820002203, containing 0.920 acres; V
5.) Parcel No. 18200022, containing 11.690 acres;
6.) Parcel No. 18200023, containing 0.630 acres; V
7.) Parcel No. 18200024, containing 0.510 acres, ,✓
8.) Parcel No. 1820002504, containing 0.570 acres;
9.) Parcel No. 182000191, containing 0.250 acres;,(
10.) Parcel No. 1820002201, containing 7.540 acres;
11.) Parcel No. 1820001701, containing 7.070 acres. V
A total of approximately 32.43 acres.
NC Shallotte Smith, LLC 11
EXHIBIT B
[Survey to be added at later date]
NC Shallotte Smith, LLC 12
EXHIBIT "C"
ESCROW AGREEMENT
ESCROW AGREEMENT
This ESCROW AGREEMENT (this "Agreement') is made and entered into as of the
day of , 2018, by and among RealtyLink Investments, LLC (the "Purchaser'); BYWR,
LLC (the "Seller"); and Stewart Title Guaranty Company (the "Escrow Agent").
:R'ITNESSETH:
WHEREAS, Seller and Purchaser have entered into a Agreement For Sale of Property (the
"Purchase 6greeeMent") dated as of the date of this Agreement, for the sale and purchase of
certain real property located in Brunswick County, North Carolina, as more particularly described in
the Purchase Agreement (the "Property").
WHEREAS, Purchaser and Seller desire to have Escrow Agent hold the Earnest Money
described in the Purchase Agreement in escrow pursuant to the terms of the Purchase Agreement
and this Agreement.
NOW, THEREFORE, in consideration of the promises herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. Recitals. The recitals set forth above are true and correct and incorporated
herein by reference.
2. Definitions. All capitalized terms used but not otherwise defined herein shall have
the respective meanings ascribed thereto in the Purchase Agreement.
A. 3. Appointment. Purchaser and Seller hereby appoint the Escrow Agent to
serve as escrow agent hereunder and Escrow Agent hereby accepts such appointment.
Purchaser and Seller agree and acknowledge that Purchaser has retained Escrow Agent to
represent Purchaser with regard to the purchase of the Property and that there is no conflict
created by Escrow Agent's representation of Purchaser and Escrow Agent acting as the Escrow
Agent.
4. Earnest Money Deposit. On the date hereof, Purchaser has delivered to and
deposited with Escrow Agent the sum of Twenty Five Thousand and No/100 Dollars
($25,000.00) (together with any subsequent funds deposited with Escrow Agent pursuant to the
Purchase Agreement and any interest earned thereon, if any, the "Earnest Money).
5. Instructions. Escrow Agent shall hold the Earnest Money in a non -interest
bearing account at a financial institution selected by Escrow Agent in the exercise of its
reasonable discretion. upon written notification from Purchaser and Seller that the sale
contemplated is to be consummated, Escrow Agent shall deliver the Earnest Money at the
NC Shallotte Smith, LLC 13
Closing to Seller to be applied to the purchase price for the benefit of Purchaser, unless
otherwise instructed by the parties hereto. Upon written notification from both Purchaser and
Seller that the contemplated sale shall not take place, Escrow Agent shall deliver the Earnest
Money to Purchaser or to Seller, as directed by the parties and as Promed in the Agreement.
Escrow Agent may make any disbursement expressly contemplated by this Agreement or the
Purchase Agreement upon confirmation from the parties hereto. In the event that Escrow Agent
intends to make any disbursement, then, in the event Escrow Agent has not received a written
objection to such disbursal within ten (10) days after such notice to Purchaser and Seller, then
Escrow Agent may proceed to make the disbursement without liability. In the event that any party
disputes the proposed disbursal and Escrow Agent is unable to resolve the dispute, then Escrow
Agent shall have the right to proceed as provided in Section 6(d) of this Agreement.
6. Escrow Agent.
(a) Escrow Agent will perform its obligations hereunder fairly and impartially
according to the intent of the parties as herein expressed, provided however that Escrow Agent
is to be considered as a depository only, shall not be deemed to be a party to any document
other than this Agreement, and shall not be responsible or liable in any manner whatsoever for
the sufficiency, manner of execution, or validity of any written instructions, certificates or any
other documents received by it, nor as to the identity, authority, or rights of any persons
executing the same. Escrow Agent shall be entitled to rely at all times on joint written
instructions given by Purchaser and Seller as required hereunder, without any necessity of
verifying the authority therefor. Escrow Agent may consult with counsel in connection with its
duties hereunder and shall be fully protected in any act taken, suffered or permitted by it in good
faith and without gross negligence in accordance with the advice of such counsel.
B. (b) Escrow Agent shall not at any time be held liable for actions taken or
omitted to be taken in good faith and without gross negligence. Purchaser and Seller hereby
agree to indemnify and hold harmless Escrow Agent against any and all losses, claims, damages,
liabilities and expenses, including, without limitation, reasonable attorneys' fees and
disbursements, which may be imposed upon or incurred by Escrow Agent in connection with its
serving as Escrow Agent hereunder, unless such losses, claims, damages, liabilities and expenses
are the result of Escrow Agent's willful default or negligence in performing its obligations
hereunder.
(c) It is further understood by Purchaser and Seller that if, as the result of any
disagreement between them or adverse demands and claims being made by any of them upon
Escrow Agent, or if Escrow Agent otherwise shall become involved in litigation with respect to
this Agreement, such parties agree that they, jointly and severally, are and shall be liable to
Escrow Agent and shall reimburse Escrow Agent for its reasonable costs, expenses and counsel
fees it shall incur or be compelled to pay by reason of such litigation.
(d) The Escrow Agent is acting as a stakeholder only with respect to the Earnest
Money_ If there is any dispute as to whether the Escrow Agent is obligated to deliver all or any
portion of the Earnest Money or as to whom such Earnest Money is to be delivered, the Escrow
Agent shall not be required to make any delivery, but in such event the Escrow Agent may hold
the same until receipt by the Escrow Agent of an authorization in writing, signed by all of the
parties having any interest in such dispute, directing the disposition of the Earnest Money
NC Shallotte Smith, LLC 14
(together with all interest thereon, if any), or in the absence of such authorization the Escrow
Agent may hold the Earnest Money (together with all interest thereon, if any), until the final
determination of the rights of the parties in an appropriate proceeding. If such written
authorization; is not given, or proceedings for such determination are not begun %Mthin thirty (30)
days after the date the Escrow Agent shall have received written notice of such dispute, and
thereafter diligently continued, the Escrow Agent may, but is not required to, bring an
appropriate action or proceeding for leave to deposit the Earnest Money in a court of competent
jurisdiction pending such determination. The Escrow Agent shall be reimbursed for all costs and
expenses of such action or proceeding including, without limitation, reasonable attorneys' fees
and disbursements, by the party determined not to be entitled to the Earnest Money, or if the
Earnest Money are split between the parties hereto, such costs of the Escrow Agent shall be
split, pro rate, between Purchaser and Seller, upon the amount of Earnest Money received by
each.
7. Intentionally deleted.
8. Compensation of Escrow Anent. Escrow Agent shall receive no compensation for
its services hereunder provided that Escrow Agent shall not be required to incur any substantial
expense in connection with its obligations hereunder without being reimbursed for such expense.
9. Notices. All notices, demands, requests or other communications given by any
party hereto shall be given in the manner provided in the Purchase Agreement. The Purchaser's
and Seller's notice addresses shall be the addresses set forth in the Purchase Agreement. The
Escrow Agent's notice address shall be: 5935 Carnegie Blvd., Suite 301, Charlotte, NC 28209,
Attn: Danielle Howell; Facsimile: (704) 973-9546; Email: dthgMIl jkwad.r .
All parties shall have the right from time to time to designate by written notice to all other
parties any other address or place where such notice, demand, or request must be addressed.
10. Amendment. This Agreement may be modified or amended, in whole or in part,
only by the written consent of all parties in interest evidenced by a document that has been fully
executed.
11. Construction. As used in this Agreement, the masculine, feminine or neuter
gender and the singular or plural number shall each include the others whenever the context so
indicates. This Agreement shall be construed as a whole and in accordance with its fair
meaning and without regard to any presumptions or other rule regarding and construction
against the person or entity preparing the Agreement or any part thereof.
12. Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby and each such
term, covenant or condition of this Agreement shall be valid and enforceable to the full extent
permitted by law.
13. Governing Law and Venue. The terms of this Agreement shall he construed in
accordance with and governed by the laws of the State of North Carolina.
NC Shallotte Smith, LLC 15
14. Inteoration. This Agreement is an integrated agreement and expresses the
complete agreement and understanding of the parties hereto. Any and all prior or
contemporaneous oral agreement or prior written agreement regarding the subject matter hereof
will be merged herein and then meti; guishad.
15. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, administrators,
representatives, successors and assigns.
16. Countemarts. This Agreement may be executed in one or more counterparts, all
of which taken together shall constitute one Agreement.
NC Shallotte Smith, LLC 16
4.
r
f
PURCHASER.
RealtyLink Investments, LLC
r
By, "..Or-�
Name: Philip J. Wilson
Trifle: Member
Date:
SELLER;
i
BYWR, LLC
i By:
Name. �, t b.
Title: "d-son 6ee
Date: '3 2 3 - 116
ESCROW AGENT;
STEWART TITLE GUARANTY COMPANY
By:
pAe nl-�
Name:'1ax�,ic&2 11
Title:
Date: ;F31 ar,
NC Shallotte Smith, LLC 17
ASSIGNMENT OFAGREEMENT FOR SALE OFPROPERTY
This Assignment of Agreement for Sale of Property (the "Assignment") is made as of the/�� of
January, 2019, by RealtyLink investments, LLC, a South Carolina limited liability company ("Assignor"), and
NCShallotte Snit , i i company ("Assignee").
WHEREAS, BYWR, LLC, a North Carolina Iimited liability company, as Seller, and Assignor, as
Purchaser, are the parties to that certain Agreement for Sale of Property dated March 23, 2018, as amended (the
"Contract"), concerning real property and improvements located in Brunswick County, North Carolina, and more
fully described in the Contract (the "Property"); and
WHEREAS, pursuant to the terms set forth below, Assignor desires to assign all of its right, title and
interest in and to the Contract to Assignee, and Assignee desires to accept said assignment from Assignor.
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, Assignor hereby transfers, assigns, and conveys
to Assignee all of Assignor's rights, privileges, duties, and obligations as Purchaser under the Contract. Assignee
hereby expressly assumes all right, title, and interest of Assignor as Purchaser in and to the Contract and hereby
agrees to perform, discharge, and fulfill all of the duties and obligations of Assignor under the Contract, subject
to and in accordance with the terms and conditions thereof.
Assignor and Assignee have executed this Assignment as of the date written above.
ASSIGNOR:
REALTYLEKK INVESTMENTS, LLC, a South
Carolina limited liability company
By.
Philip J.Vilson. Manager
ASSIGNEE:
NC SHALLOTTE SMITH, LLC, a South Carolina
limited liability company
Philip . flion, Manager
nECEsNlED
�$ JUN 0 4 2019
State of North Carolina
Department of the Secretary of State
SOSID: 1781121
Date Filed: 12/12/2018 3:26:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C2018 346 00457
APPLICATION FOR CERTIFICATE OF AUTHORITY
FOR LE IITED MABILI T Y COMPANY
Pursuant to §57D-7-03 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a
Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following:
1. The name of the limited liability company is NC Shallotte Smith, LLC
and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited
liability company wishes to use is
2. The state or country under whose laws the limited liability company was formed is South Carolina
3. Principal office information: (Select either a or b)
a. S The limited liability company has a principal office. JUN 0 # 2019
The principal office telephone number: 864-242-4008
The street address and county of the principal office of the limited liability company is:
Number and Street: 550 S. Main St., Ste. 300
City: Greenville
State: SC Zip Code: 2960'l County: Greenville
The nailing address, if different from the street address, of the principal office of the corporation is:
Number and Street:
City:
State: Zip Code: County:
b. ❑ The limited liability company does not have a principal office.
4. The name of the registered agent in the State of North Carolina is: Corporation Service Company
The street address and county of the registered agent's office in the State of North Carolina is:
Number and street: 2626 Glenwood Ave., Ste. 550
City. Raleigh State: NC Zip Code: 27608 County: Wake
6. The North Carolina mailing address, ifdif fereat from the street address, of the registered agent's office in the State of North
Carolina is:
Number and Street:
City:
State: NC
Zip Code: County:
BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622
(Revised July 2017) (Forst L-09)
APPLICATION FOR CERTIFICATE OF AUTHORITY
Page 2
7. The names, titles, and usual business addresses of the current company officials of the limited liability company are:
(use attachment if necessary) (This document must be signed by a person listed in item 7.)
Name and T title Business Address
Philip J. Wilson, Manager 550 S. Main St., Ste 300, Greenville, SC 29601
8. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official
having custody of limited liability company records in the state or country of formation. The Certificate of Existence mast be
kss than six months old, A photocopy of the certifiention caaaot be accepted
9. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the
resolution of its managers adopting the fictitious name is attached.
10. (Optional): Please provide a business e-mail address:I Privacy Redaction
The Secretary of State's Office will e-mail the business automatically at the address provided above at no cost when a document
is filed. The e-mail provided will not be viewable on the website. For more information on why this service is offered, please see
the instructions for this document.
11. This application will be effective upon filing, unless a delayed date and/or time is specified:
This the lXda y of December 20 18
NC Shallotte Smith, LLC
Name of Limited Liability Company
ig rtne of Company Official
Philip J. Wilson, Manager
Type or Print Name and Title
Notes:
1. Filing fee is $250. This document must be filed with the Secretary of State.
BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622
(Revised July 2017) (Form L-09)
The State of South Carolina
W
Office j�ce of Secretary of State Mark Hammond
Certificate of Existence
I, Mark Hammond, Secretary of State of South Carolina Hereby Certify that:
NC Shallotte Smith, LLC, a limited liability company duly organized under the laws of
the State of South Carolina on December 19th, 2018, with a duration that is until
December 11th, 2118, has as of this date filed all reports due this office, paid all fees,
taxes and penalties owed to the State, that the Secretary of State has not mailed
notice to the company that it is subject to being dissolved by administrative action
pursuant to S.C. Code Ann. 33-44-809, and that the company has not filed articles of
termination as of the date hereof.
Given under my Hand and the Great Seal
of the State of South Carolina this 11th day
of December, 2018.
Mark Hanunoll . Secretary of State
CA201804302499
102017 LIMITED LIABILITY COMPANY ANNUAL
NAME OF LIMITED LIABILITY COMPANY: BYWR , LLC
SECRETARY OF STATE ID NUMBER: 1317 4 7 8 STATE OF FORMATION: NC
REPORT FOR THE CALENDAR YEAR: 2018
SECTION A. REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: WILLIAM D
2 SIGNATURE OF THE NEW REGISTERED AGENT:
S. REGISTERED OFFICE STREET ADDRESS S COUNTY
ECEIVE
1UN 0 4 1019
SOSID: 1317478
Date Filed: 2/12/2018 11:59:00 PM
Elaine F. Marshall
North Carolina Secretary of State
CA2018 043 02499
4. REGISTERED OFFICE MAILWG ADDRESS
Filing office use Only
1927 OAK HARBOUR
DRIVE SW
1927 OAR HARBOUR
DRIVE SW
OCEAN ISLE BEACH
NC 28469
BRUNSWIC OCEAN ISLE BEACH,
NC 28469
SECTION B: PRINCIPAL OFFICE INFORMATION
I. DESCRIPTION OF NATURE OF BUSINESS. REAL ESTATE DEVELOPMENT
2 PRINCIPAL OFFICE PHONE NUMBER: 910 - 8 24 - 4 0 0 0 3. PRINCIPALOFFICE EMAIL:
4. PRINCIPAL OFFICE STREET ADDRESS S COUNTY b. PRINCIPAL OFFICE MAILING ADDRESS
1927 OAK HARBOUR DRIVE SW 1927 OAK HARBOUR DRIVE SW
OCEAN ISLE BEACH NC 28469, BRUNSWIC OCEAN ISLE BEACH NC 28469
6. Select one of the following if applicable. (Optional see instructions)
® The company is a veteran -owned small business
0 The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: WILLIAM D RATLEY NAME: JERRY BYNUM NAME ANODYNE REAL, ESTATE
TITLE: MEMBER TITLE: MEMBER TITLE: MEMBER
ADDRESS: ADDRESS: ADDRESS:
1927 OAK HARBOUR DRIVE, S 4808 MILLENS BAY COURT 4206 LUPTON COURT
OCEAN ISLE BEACH, NC 2846 APEX, NC 27539 HIGH POINT, NC 27262
SECTION D: CERTIFICATION OF ANNUAL REP T. Section D must be completed in its entirety by a persormbusiness entity,
n
' SIGNATURE+ /
Form must be signed b y a Company Oreeiai listed antler section C of This Toren. DATE
WILLIAM D RATLEY MEMBER
Print or Type Name of Company Official
Print or Type True of Company OT5elal
2-071
12-0r-17 MAIL TO Searetery of State, Business Registration Division, Post Office Box 29525. Raleigh, NC 27025-0525
This oaAlffes 20 there are no delinquent ad
valorem taxes, fees, assessments or other
liens which the Brunswick County Tax
Collector Is charged witha
Ron on: Parcel Number
as rotated by the Lr nswlak County
Agnew's Office. This In not a oerftellon
that fire parcel number matches the deed
closer n.
r/r3 B�
bate (Agst) Taoc 06I. fEW. Tax Spec.
IIIIIIIIIIIII I�II�IIII,II�I�I a�4e, n. Cle:sory 'PRO
Bru�swla ty, later of Deeds page 1 of S
Brenda N. Clemson Resister of Deeds
66-24-2013 13,46:31.264 Brurswlok County, NC
Nc REVENUE STAM: $1360.00 (M34Bes1)
/ Presenter `^ at
Tctel _ Rev nt
C„w 'z CkB ashy
Refund: Cash $ Finance
G Pod= of document are illegitla due to condit
of orbinaL
13 Document contains seals vwiMed by original
instrument that cannot be repmdueed orcopled.
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tar: $1300.00
Parcel Identifier No. Mr1001901 a 13200022: 1920002204, 19200020, 1820002201: 1820002202 and 1 92000=
Verified by
UI
County on the day of 2'
Mail after recording to: Grantee
This instrmaent was prepared by: McGuireWoods LLP, 300 North Third Street, Suite 320,
Wilmington, North Carolina 28401
Brief Description for the 9 tracts Smith Avenue, Shallotte, Brunswick County
Index
THIS DEED made this 21st day of May, 2013, by and between
GRANTOR
ATLAS NC II SPE, LLC
a North Carolina limited liability company
200 W. 2ad Street
Winston-Salem, North Carolina 27101
GRANTEE
BYWR, LLC
a North Carolina limited liability company
1927 Oak Harbour Drive SW
Ocean Isle Beach, NC 28469
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in Brunswick County, North Carolina and more particularly described as follows:
SEE EIMBiT KA" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
E
BY:-
The property hereinabove described was acquired by Grantor py instrument recorded in Book 3285, Page 422 and
Book 3285, Page 451.
A map showing a portion of the above -described property is recorded in Map Cabinet 17, Page 458; Map Cabinet
31, Page 322; and Map Cabinet 27, Page 395.
All or a portion of the property herein conveyed does not include the primary residence of a Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging
to the Grantee in fee simple.
AND the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received,
and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through
Grantor, except for the exceptions hereinafter stated.
Title to the property hereinabove described is specifically conveyed subject to the following exceptions:
(a) the lien of ad valorem real property taxes and assessments for the current year and for subsequent years; (b) all
easements, covenants, conditions, restrictions, and other agreements of record encumbering the property hereby conveyed
and created or conveyed by Grantor, (c) all matters which would be disclosed by a current accurate on the ground survey,
of the property hereby conveyed; and (d) zoning, land use and building laws, regulations and ordinances affecting the
property hereby conveyed.
The property hereinabove described is conveyed on an "AS IS, WHERE IS" condition and basis, and Grantor has not
made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants,
agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present, or
future, o& as to, concerning or with respect to: (a) the value, nature, quality or condition of the property hereinabove
described, (b) the suitability of the property hereinabove described for any activities and uses, (c) the habitability,
merchantability, marketability, profitability or fitness for a particular purpose of the property heremabove described, or (d)
any other matter with respect to the Property wrcept as to warranties of title as set forth herein.
Grantee hereby accepts the condition of the property hereinabove described AS IS; WHERE I% with all fault.
[SIGNATURE AND ACKNOWLEDGEMENT TO APPEAR ON FOLLOWING PAGE]
IIIIIII�IlI�IIIII NII later e i � . 31.
479M19_1
IN WITNESS WBEREOF, the Grantor has caused thi$ instrument to be signed in its company name by its
duly authorized officer, the day and year first above written.
ATLAS NC lI SPE, LLC,
a North Caro ' ited liability company
By: P
N elI e,
Title: Presiden
SEAI�STAMP
m(s) personally appeared before me this day, each acknowledging to me that he or she
Daniel I3. Flye, Jr., Vice President.
Notary Public
Print Name: ._,Llow-iha VVoi i4-e—
My commission expires: 5 3 ( f '}
The foregoing Certificate(s)
is(are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the
Book and Page shown on the fast page hereof.
REGISTER OF DEEDS FOR COUNTY
By: Deputy/Assistant - Register of Deeds
1111111�u�NCounty, lll��llllllllr oDo*&
47949019_1
II11glykI@111111(kqi�IILIII
"Ma W
�34
05-29-1018
18:48:81.884 10 PO PROP
of Duds pays 4 of y
TRACT ONE: BEING ALL of that 3.52 acres shown as Tract 3 on map prepared by Alvie E. Lewis, RLS,
dated February 15,1996, entitled "Division of the Amie G. Robinson Estate" as recorded in Map Cabinet 17 at
Page 458 of the Brunswick County Registry. I
TRACT TWO: BEING ALL of that 3.51 acres shown as Tract 2 on map prepared by Alvie E. Lewis, RLS,
dated February 15, 1996, entitled "Division of the Arnie G. Robinson Estate as recorded in Map Cabinet 17 at
Page 458 of the Brunswick County Registry.
TRACT THREE: BEING ALL of that certain tract or parcel containing 12.10 acres more or less as more hilly
described in a survey plat dated 30 November, 2004 entitled "Survey for Rebecca V. Hawes Et Al" prepared by
James R. Tompkins, P.L.S. and recorded in Map Cabinet 31, Page 322 in the Office of the Register of Deeds for
Brunswick County, North Carolina to which plat reference is made and which is incorporated herein for greater
certainty of description of said property.
TRACT FOUR: BEGINNING at an Iron Pipe located in the northern right-of-way of SR 1357, said beginning
point being located the following courses and distances from the intersection of the center lines of SR 1357 and
White Street in the Town of Shallotte; North 49 degrees 10 minutes 54 seconds West 189.31 feet to a P.K. Nail
found in the center line of SR 1357; thence North 10 degrees 35 minutes 21 seconds East 34.62 feet to the point
and place of Beginning. from said beginning point; North 10 degrees 29 minutes 42 seconds East 164.54 feet to
a point; thence North 10 degrees 37 minutes 58 seconds East 204.69 feet to a point; thence to a point; thence
South 46 degrees 01 minutes 33 seconds East 116.93 feet to an iron pipe; thence south 12 degrees 16 minutes
28 seconds West 355.77 feet to an new iron set; thence North 49 degrees 10 minutes 53 seconds West 100.76
feet to the point and place of BEGINNING, and being a .078 acre tract of land as surveyed by James R.
Tompkins, R.L.S. on Match 7 2002.
TRACT FIVE AND SIX: BEGINNING at an iron pipe located in the northern right of way line of SR 1357,
said Beginning point being located the following courses and distances from the intersection of the center lines
of SR 1357 and White Street in the Town of Shallotte; North 49 degrees 10 minutes 53 seconds West 189.31
feet to a P.K. Nail found in the SR 1357; thence North 10 degrees 35 minutes 21 seconds East 34.62 feet to the
Point and Place of Beginning. From said beginning point, North 49 degrees 44 minutes 24 seconds West 159.98
feet to an iron pipe; thence Northl3 degrees 40 minutes 29 seconds East 111.21 feet to an iron pipe; thence
South 68 degrees 30 minutes 10 seconds East 12.20 feet to an iron pipe; thence North 8 degrees 30 minutes 44
seconds East 329.66 feet to an iron pipe; thence South 8134 minutes 00 seconds East 133.08 feet to an iron
pipe; thence South 10 degrees 37 minutes 58 seconds West 153.15 feet to a new iron set; thence South 10
degrees 37 minutes 58 seconds West 204.69 feet to an iron pipe; thence South 10 degrees 29 minutes 42
seconds West 164.54 feet to the point and place of Beginning and being a combination of a 1.0 acre tract and a
.43 acre tract as shown on the survey appearing of record in Book 1149 at Page 558, Brunswick County, North
Carolina Registry.
TRACT SEVEN: BEING ALL of that 7.5408 acre parcel as shown on that map entitled "Map for Taylor dt
Coffey, LLC of 7.5408 Acres" prepared by Jan K. Dale, PLS, dated December 20, 2002 and appearing of record
in Map Cabinet 27 at Page 395 ofthe Brunswick County, North Carolina Registry. Reference is made to said
map for greater certainty of description.
TRACT EIGHT (First Parcel) BEING ALL of Parcel, "A," containing .20 acres, as shown on that map by James
R. Tompkins, R.L.S., dated June 16,1986 and recorded in Deed Book 656 at Page 311 of the Brunswick
County Registry, which is incorporated herein for greater certainty of description For Back Reference, see
Deed Book 2260, Page 396.
(Second Parcel) Beginning at an iron pipe in the north right-of-way line of Smith Avenue, this beginning point
being located North 491 /4 degrees west 72 feet from the center of a culvert under Smith Avenue, which said
culvert is the first culvert west of Charles Branch; thence from this beginning point north 49 1/4 degrees west
108 feet to an iron pipe; thence North 12 degrees east 363 feet to an iron pipe in an old ditch; thence south 46
degrees east 140 feet to an iron pipe; thence South 16 degrees west 340 feet to the point of Beginning, and
containing .87 acres, more or less, as surveyed by H.R. Hewett, Surveyor, July 5, 1971, and being a part of the
second tract described in deed recorded in Book 73 at Page 38, Brunswick County Registry. For Back
Reference, See Deed Book 2260, Page 396.
TRACT NINE: BEING ALL of Parcel "B" containing .97 acres, as shown on that map by James R. Tompkins,
R.L.S., dated June 16,1996, a copy of which is attached to a deed recorded in Book 656 at Page 308 of the
Brunswick County Registry.
AS TO TRACTS ONE THROUGH NINE, LESS AND EXCEPT THE PROPERTY CONVEYED TO THE
NORTH CAROLINA DEPARTMENT OF TRANSPORATION IN DEED BOOK 2754 AT PAGE 219,
BRUNSWICK COUNTY, NORTH CAROLINA REGISTRY.
By, mi M. CL s'� R"Ister of Deeds
47SM19 1
This certlies that there are no deimpent ad
valorem taxes, fees, assessments or other
Ilene which due Brunswick County Tax
Collector Is charged with cosecs , tlrat re a
llen on: Parcel Number .
as notated by the lirurwaft County /jfaoDa i.w'4
Assessor's Ounce. This is not a certiflceicn
that the parcel number matches the dead r Q. vo-2d
dcs
Date (Asst) Tax Col. / Del. TWSpeo.
PREPARED BY: FLETCE R, TOLL & RAY, L.L.P.
131 RACINE DRIVE, SUITE 201
WHAIINGTON, NC 2M3
n J 11 Il Rk1-.5"10IrnN�CII1y!II11Oka P
NC later of Deeds page 1 of 3
Brenda asona R. CleReglater of Dads
eB-i"18 14:40:57.600 Brunswick County, NC
NC REVEN11c STRIIP: $15B.n (#354131)
Prue
Int
Rtlt
Can $—
Finance
L7':' r!`7co'�(M,urrKatl d16�IkyitlE<yuEl6Cpntllete
.-�:::::3RICIIM81r134aaSuaRlatlbyDt(g11e� �"'�..
_.::.e,�nttnaiaannmoereAroouc�durcopled, r
The prerarer drafted the deed but no title search was:equmted and no tide search has been performed. The preparer
expresses no opinion ogtitle to the property or the accuracy or completeness of the legal description.
STATE OF NORTH CAROLINA TAX PARCEL ID NOS.: 18200023,18200024 and
1820002504
COUNTY OF BRUNSWICK
EXCISE TAX: $150.00
SPECIAL WARRANTY DEED
THIS DEED, made this a fo day of June, 2013, by and between LSB Properties, Inc., a
North Carolina corporation, whose address is 38 West First Avenue, Lexington, North Carolina
27292, Grantor, and BYWR, LLC, whose address is 1927 Oak Harbour Drive, SW, Ocean Isle
Beach, North Carolina 28469, Grantee. The property conveyed herein does not include the
primary residence of Grantor.
The designation Grantor and Grantee as used herein shall include said parties, successors,
and assigns, and shall include singular, plural, Masculine, femini*+e or neuter as required by
context.
WITNESSETH:
That the Grantor for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has and by these presents does give, grant, bargain, sell and convey unto
the Grantee in fee simple, all those certain lots or parcels of land situated in Brunswick County,
State of North Carolina, and more particularly described as follows:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE.
IiIIIIIIIIIIIIIIIII�IIIIIIII�II 14,'PROP
6runsWJak Camty, NC Rooster of Dseds paps 2 of 3
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor has done nothing to impair
such title as Grantor received, and Grantor will warrant and defend such title against the lawful
claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter
stated.
Title to the property hereinabove described is subject to the following exceptions:
I. Ad valorem property taxes or assessments which are not yet due
and payable.
2. Applicable covenants, restrictions, and easements of record.
3. All local, county, state and federal laws and regulations relative to
the zoning, occupancy, subdivision, usage, construction and
development of the described property.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, the day and
year fast above written.
LSB P esInc
dB
(SEAL)
Its. ient STATE OF NO TH CAROLINA
COUNTY OF
I, "IRM 1 ✓14eOW Ck a Notary Public of the aforesaid County and State, do
hereby certify that APREL CASSIDY, a Vice President of LSB Properties, Inc., a North Carolina
corporation, personally appeared before me this. day and acimowledged the due execution of the
foregoing instrument in the duly authorized capacity set forth herein.
Witness my hand and official stamp or seal, this the A6day of June, 2013.
N Publ
My Commission expires: a (AFFIX SEAL)
fAl411tIM11CK
Mont
pRICBONC0W! 10 I
Ip001119!
H0110-6 isill-aarururlek Cewly,m3 Doade �� 3PROP
EDIT A
TRACT ONE:
Beginning at an iron pipe in the north right of vmy line of U.S. ;;ig way " this-begimffigyoiut
being located at the following course and distance as measured from, a point in the centerline of
SnLth Avenue where it would intersect by the north right of way line of US Highway 17
extended; from this point in the centerline of Smith Avenue and along the north right of way line
of US Highway 17 north 54 degrees 15 minutes east 290.15 feet to the point of beginning; thence
from this beginning point north 36 degrees 00 minutes west 208.80 feet to an iron pipe; thence
north 53 degrees 30 minutes east 120 feet to an iron pipe; thence south 36 degrees 00 minutes
east 210.37 feet to an iron pipe in the north right of way line of US Highway 17; thence along the
north right of way line of US Highway 17 south 54 degrees 15 minutes west 120 feet to the
POINT OF BEGINNING as shown on that map prepared by Jan K. Dale, October 20, 1978,
recorded in Map Book J, Page 399 of the Brunswick Registry of Deeds.
TRACT TWO:
Begriming at an iron pipe where the Northwestern line of Main Street (U.S. Highway No. 17,
100.foot right-of-way) is intersected by the Northeastern line of Smith Avenue (State Road No.
1347, 60 foot right-of-way); running thence North 51 degrees 45 minutes West with the
Northeastern line of Smith Avenue 169.6 feet to an iron pipe in the center of the ran of Charles
Branch, thence Northeastwardly with the center of the run of said branch to an old iron pipe that
is North 42 degrees 00 minutes East .154.23 feet from the preceding point, said old pipe being the
--Northemmost comer of the tract conveyed to Charles Russ and wife by Deed recorded in Book
89 at Page 135 of the Brunswick County Registry; thence South 51 degrees 45 minutes East with
the Northeastern line of said Russ tract 203.3 feet to an iron pipe in the Northwestern line of
Main Street; thence South 54 degrees 08 minutes West with said line of Main Street 160.01 feet
to the point of Beginningthe same containing 0.66 acres and being the same tract as described in
a Deed to D.W. Gales and wife by deed dated March 2, 1953 duly recorded in the Registry of
Brunswick County in Book 107, Page 321.
TRACT THREE:
Beginning at an iron pipe on the north side of Highway 17 said iron pipe being the southeast
comer of a lot deeded to G.W. Parish by W.M. Hewett and wife, now owned by Dannie Gales;
runs thence Gales' line north 51 '/z degrees west, 211 feet to the run of Charles Branch; thence up
said run 153 % feet to a stake; thence south 37 degrees east 177 % feet to a stake on the north
side of U.S. Highway 17; thence with said highway south 53 degrees west 100 feet to the point
of beginning, containing .56 of an acre.
For back- reference see deed Book 969, Page 780 Brunswick County Registry, being same
property conveyed by deed from T.D. Lindsey and wife, Oleta C. Lindsey to Franklin D.
Somersett and wife, Alice V. Somersett to which reference is made for greater certainty of
description.
4 04-17-Z117
�����11�lI�uN�uII1�� 1 111,�kN, o PCfa�n�r'of 2PROP
liiasenter Rlit
Totes ttev ins
Ck $ Ck 0—TV— Cash $
Refuld: Cash s Fiil"Ce
OPortionr:+��a:�,wr�emsroi��;iaee�twca�oon
OfOrigi�al.
O �.�r.�an;:;rmlains >eals uc�,!� by aipi:ial
ir.��rantmatcaacut fti rcaro,:ccedoroopled,
This instrument prepared by BaxleySmithwick PLLC, licensed North Carolina attorneys,
without opinion on title. Delinquent taxes, if any, to be paid by the closing attorney to the
Brunswick County Tax Collector upon disbursement of closing proceeds.
NORTH CAROLINA QUITCLAIM DEED
STATE OF NORTH CAROLINA Tax Parcel #18200191
COUNTY OF BRUNSWICK
THIS QUITCLAIM DEED, made this the 1_ day of April, 2017, by and between
TAYLOR & COFFEY, LLC, a North Carolina limited liability company, of 7057-1 Beach
Drive SW, Ocean Isle Beach, NC 28469, party of the first part, hereinafter referred to as
Grantor, and BYWR, LLC, a North Carolina limited liability company, of 1927 Oak Harbour
Drive SW, Ocean Isle Beach, NC 28469, party of the second part, hereinafter referred to as
Grantee;
WITNESSETH:
THAT Grantor, for a valuable consideration paid by Grantee, the receipt of which is
hereby acknowledged, has remised and released and does hereby remise, release and forever
quitclaim unto Grantee all of Grantor's right, title and interest in and to the following property
located in the Town of Shallotte, Lockwood Folly Township, Brunswick County, North Carolina,
and being more particularly described as follows:
BEING a triangular -shaped tract or parcel, containing .25 acre, more or less,
known on the Brunswick County tax records as Tax Parcel 18200191. And being
all of that area of property, if any, as may lie between Grantee's tract or parcel
containing 12.10 acres, more or less, as described in Map Cabinet 31 at Page
322, and Deed Book 3410 at Page 793, known as Tax Parcel 18200022, and
Grantee's other tracts or parcels as described in Deed Book 3425 at Page 313,
known as Tax Parcels 18200023, 18200024 and 1820002504, as said map,
deeds and tax parcels appear in the Office of the Register of Deeds, the County
Tax Supervisor, and Geographical Information Services (GIS) of Brunswick
County, North Carolina.
AND being the same property as was conveyed to Grantor by deed recorded in
Book 2896 at Page 988, Brunswick County Registry.
This conveyance is made as part of the winding up of the business of Grantor.
va4��io' 6z1OPfir�iciiiI.tera
In accordance with NCGS Section 105-317.2, the mailing addresses of Grantor and
Grantee are as stated above. The property herein conveyed does not include the primary
residence of Grantors.
TO HAVE AND TO HOLD the aforesaid property and all privileges and appurtenances
thereunto belonging to the Grantee and its successors and assigns, free and discharged from
all right, title, claim or interest of Grantor or anyone claiming by, through or under it.
Grantor makes no warranty, either expressed or implied, as to title to the Property.
IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed, the
day and year first above written.
TAYLOR & COFFEY, LLC, a North Carolina limited
liability company
. /��131y:oxk�Q M
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I certify that the following person personally appeared before me this day and
acknowledged to me that he voluntenl ''s__i�gned the fore oin document for the purposes stated
therein and in the capacity indicated: y 91fia-h In , as
Member/Manager of TAYLOR & COFFEY, LLC, a North Carolina Limited Liability Company
("the Company"), as and for the act of the Company.
Date: April r3 _, 2017
4$KI?Notary Public's Signatu0b
ZZA nT A R y`Notary's Printed Name: �-
"nofiry�Qor-e� ; .Vc
�•._ P U B L. �';� My Commission Expires:
East Coast Enginering & Surveying, P.C.
ENGINEE RS-PLAN I`VERS•SURVEYORS
STORMWATER NARRATIVE FOR EXPRESS PERMUTING
NC Shallotte Smith
129 Smith Avenue
Shallotte, Brunswick County
The proposed project is a major commercial development located at the corner of Smith Avenue
(SR1357) and US 17 Business in Shallotte, Brunswick County, North Carolina. The project is
comprised of 21 proposed retail building spaces totaling 203,330 square feet. There are
approximately 746 proposed parking spaces, 32 are handicapped. The project has two drainage
areas and will be treated utilizing wet detention for both areas. There are two onsite stormwater
ponds for this purpose.
Proposed impervious area total for stormwater pond #1 is 676,178 SF. The impervious area is
composed of Buildings (203,330 SF), Driveway and Parking (440,550 SF), Sidewalks (28,911
SF) and Future (3,387 SF). The percentage of impervious is 65.1%.
The proposed impervious area total for stormwater pond #2 is 41,687 SF. The impervious area is
composed of Buildings (8,900 SF), Driveway and Parking (30,634 SF), and Sidewalks (2,153
SF). The percentage of impervious is 67.7%.
The proposed drainage system is comprised of inlets, piping and a stormwater detention Pond 1
and Pond 2.
An additional 0.18 acres of onsite wetlands will be filled by the planned construction activity.
This fill has been previously permitted and will be conducted under the existing 401 and
nationwide permits that were previously issued for the site. No additional wetland impacts or
permitting are anticipated for the project.
EC
F.lVv-
BY'
4918 MAIN STREET • POST OFFICE BOX 2469 • SHALLOTTE, NORTH CAROLINA 28459 • TEL: 910-754-8029 • Fax: 910-754-8049
FIRM LICENSE NUMBER: C-3014
East Coast Enginel:3 .ng & Surveying, P.C.
ENGINEERS•P-LANNERS•SURVEYORS
E
1UN 0 4 St u
NC Shallotte-Smith
Stormwater Calculations
June 2019
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= 35054 -
3-201 ��i. v
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4918 MAIN STREET •POSTOFFICE BOX 2469 •SHALLOTTE, NORTH CAROLINA 28459 •TEL: 910-754-8029 •Fax:910-754-8o49
FIRM LICENSE NUMBER: C-3014
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STORMWATER POND #1 SHALLOTTE SMITH East Coast Engineering
VOLUME CALCULATIONS and Surveying - JCR
PEAK FLOW CALCULATION (PRE)
= C *I *A
Q = 32 cfs
C (unidess) = rl
I = 3.83 (i
A = J239
SIMPLE METHOD1.S,, min
V = 3630 *RD *RV *A
tV=0.05+(0.9*IA)
A = IMPERVIOUS AREA/DRAINAGE AREA
DRAINAGE AREA = 11,039,143
IMPERVIOUS AREA = G7G,178
IA = 65-07�`]
V = 82,565 '� I
RD = DESIGN RAINFALL
RV = n.G4
A = 2) 3.9 (a(' DRAINAGE AREA
I PEAK FLOW CALCULATION (POST)
=C*I*A
�c= 64.7cr
C (unidess) = 0.7
I = 3.83 (in/hr)
A = �23.9 (ac)
SHALLOTTE SMITH
Stormwater Pond #1 Calculations
Pond 1
East Coast Engineering Surveying, PC
JCR
Drainage Area (DA) =
1 1,039,143 s
or 23.86 ac
Impervious Area (IA )=
676,178 s
15.52 ac
Percent Impervious 1 IA/DA 0.651 or 65.1 %
SAIDA; 90% TSS 0.02391 or 2.39%
AVERAGE POND DEPTH = 6 (ft)
Min. req'd SA @ PP - (SAIDA)x(DA) 24,855 (sf) MAIN POOL AREA
Surface Area provided @ PP 24,914 (sf) MAIN POOL AREA
DOES PROJECT DRAIN TO SA WATERS NO
MIN. REQ STORAGE VOLUMEFROM BMP MANUAL P 3-5 82,565 c
Surface Area provided @ PP Elev = 9.00 ft 34,584 M I FOR STORAGE CALC.
Enough Surface Areaprovided? YES
Surface area at top of Vog Shelf 39,847(sol
Storage volume above PP & below Veg Shelf 37,216
Volume needed above Vag Shelf 45,349
Surface area provided P, TP Elev = 11.50 ft
43,959 s
Storage depth above Vag Shelf
1.50 ft
Storage volume provided above Veg Shelf 62,855
Total Storage Volume Provided 100,070 (ci) OK
Total storage depth above PP 2.50 ft
Outlet Sizing
AVERAGE DEPTH CALCULATIONshelf_noLaubmerged
VOLUMEpermanent_pool
VOLUM Ebel. pp and above bottom of shelf
AREAperm_pool
AREAbottom shelf
AVERAGE DEPTH
POND
151,142 ()) Cf
0 (cl)
24,914 (sf)
24,914 (sf)
6.1 (ft)
MAIN POOL AREA
Q - 2 day drawdown time
Min. re 'd storage volume x 1 in. / 2 days)
0.478 cfs
Q - 5 day drawdown time
Min. re 'd storage volume x 1 in. 15 days)
0.191 Cfs
Height
h 1/3 Min. Storage Depth)
0.83 ft
Co
Constant
0.6
Required Area for Q-2
A = Q/(C x (2gh)"2)
15.65 in"2
Required Area for Q-5
A = Q/(C x (2gh) )
6.26 (in^2)
Orifice Choosen
4 " SCH 40 PVC
1 3.998 (in)
CHECK
Area Provided by Orifice Choosen
A = 7rr2
12.55 in^2
Area Provided by Orifice Choosen
0.087 ft^2
The Average head
h = 1/3(Temporary Pool depth - 1/2 orifice diameter
6.002 in
The Average head
0.500 (ft)
Q provided
Q = Ca(2gh)
0.297 (Gfs)j
93.4 hrs)
3.9 (days)
SHALLOTTE SMITH
IMPERVIOUS AREA CALCULATIONS
DRAINAGE AREA = 77,179 (SF)
ROADWAY/
BUILDINGS PARKING SIDEWALKS
8,900 (s fl 30,634 (sf 1 2,153 (s fl
IMP%=
FUTURE I TOTAL
41,687 (s�
I TOTAL 41,687 (SF) I
STORMWATER POND #2
SHALLOTTE SMITH
VOLUME CALCULATIONS
East Coast Engineering
and Surveying - JCR
PEAK FLOW CALCULATION
= C *I *A
Q c t,,
C (unidess) = 0.35
Y = 3.83 (in/hr)
A = 1.8 (ac)
RUNOFF VOLUME
SIMPLE METHODI.s,, ,,jan
V = 3630 *RD *RV *A
RV=0.05+(0.9*IA)
II IA = IMPERVIOUS AREA/DRAINAGE AREA
DRAINAGE AREA = 77,179(st)
j IMPERVIOUS AREA = 41,687 (s
IA= 54J)PI
V = 5.17') !c t'
RD = DESIGN RAINFALL
RV = 0.54
A = 1.8 (Sa DRAINAGE AREA
PEAK FLOW CALCULATION (POST)
Q=C*I*A
Q - .4.4� �
C (unidess) = 0.6
1 = 3.83 (in/hr)
A = 1.8 ac
SHALLOTTE SMITH
Stormwater Pond #2 Calculations
Pond 1
East Coast Engineering Surveying, PC
JCR
Drainage Area (DA) =
I 77,179(sol
or 1.77 ac
Impervious Area (IA )=
I 41,687 s
0.96 ac
Percent Impervious (1) IA/DA _ 0.540 or 54.0%
_ _
SAIDA; 90% TSS Q.0148 � or^� 1.48%
AVERAGE POND DEPTH = 7 (ft)
Min. req'd SA @ PP - (SA/DA)x(DA) 1,144 (sf) MAIN POOL AREA
Surface Area provided @ PP 1,150 (sf) MAIN POOL AREA
DOES PROJECT DRAIN TO SA WATERS NO
MIN. REQ STORAGE VOLUMEFROM BMP MANUAL P 3-5 5,172 c
Surface Area provided @ PP Elev = 7.00 ft 1,450 (so I FOR STORAGE CALC.
Enough Surface Area rovided? YES
Surface area at top of L92 Shelf 2,588 so
Storage volume above PP & below Veg Shelf 2,019 c
Volume needed above Veg Shelf 3,153 c
Surface area provided @ TP Elev = 9.25 ft
2,588(sol
Storage depth above Veg Shelf
1.25 ft
Storage volume provided above Vegr Shelf 3,235
Total Storage Volume Provided 5,254 (cf) OK
Total storage depth above PP 2.25 ft
Outlet Sizing
AVERAGE DEPTH CALCULATIONshelt not_submerged
VOLUMEperrnanentjoa
VO LU M Ebelow pp and above bottom of shelf
AREApermjod
AREAbottom shelf
AVERAGE DEPTH
POND
8,045 (Cf)
0 (Co
1,150 (so
1,150 (sf)
7 (ft)
MAIN POOL AREA
Q - 2 day drawdown time
Min. re 'd storage volume x 1 in. 12 days)
0.030 cfs
Q - 5 day drawdown time
Min. re 'd storage volume x 1 in. / 5 days)
0.012. cfs
Height
h 1/3 Min. Storage Depth)
0.75 ft
CD
Constant
0.6
Required Area for Q-2
A = Q/(C x (2 h)'"2)
1.03 in^2
Required Area for Q-5
A = Q/(C x (2gh) )
0.41 (in"2)
Orifice Choosen
1 " SCH 40 PVC
1.629 in)
CHECK
Area Provided by Orifice Choosen
A = rzrz
0.83 in^2
Area Provided by Orifice Choosen
0.006(ft-2)
The Average head
h = 1/3(Temporary Pool depth - 1/2 orifice diameter
7.971 in
The Average head
0.664 (ft)
Q provided
Q = Ca(2gh)'
0.023 (cfs)l
77.1 (hrs)
3.2 (da s)
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24
Cir
12.29 18
Cir
12.29
24
Cir
12.29
b-
20.80
Rect
3.00
4.00
18
Cir
13.70 18
Cir
13.70
lanhole
21.87
Cir
3.00
3.00
18
Cir
14.65 18
Cir
14.65
b-
21.75
Rect
3.00
4.00
18
Cir
15.60
urb-
19.61
Rect
3.00
4.00
36
Cir
9.92 36
Cir
9.92
b-
20.60
Rect
3.00
4.00
36
Cir
10.16 36
Cir
10.16
b-
19.03
Rect
3.00
4.00
36
Cir
10.34 36
Cir
10.34
.urb-
19.59
Rect
3.00
4.00
36
Cir
10.60 36
Cir
10.60
b-
18.42
Rect
3.00
4.00
36
Cir
10.93 36
Cir
10.93
urb-
19.22
Rect
3.00
4.00
36
Cir
11.42 24
Cir
12.42
b-
i
19.27
Rect
3.00
4.00
24
Cir
13.06 24
Cir
13.06
V-PARCELS_minus _3_feet.stm
Number of Structures: 53
Run Date: 6/3/2019
Storm Sewers v9.f
Page 2
Junction
Rim
Structure
Line Out
Line In
Type
Elev
Shape
Length
Width
Size
Shape
Invert
Size
Shape
Invert
(ft)
(ft)
(ft)
(in)
(ft)
(in)
(ft)
I b-
19.52
Rect
3.00
4.00
24
Cir
13.95
Cir
13.95
urb-
19.83
Reci
J.00
4.00
18
Cir
14.90
b-
19.60
Rect
3.00
4.00
Cir
12.63
24
Cir
12.63
urb-
17.19
Cir
3.00
3.00
24
Cir
12.80
pGrate
18.71
Rect
3.00
4.00
18
Cir
11.24
18
Cir
11.24
ropGrate
18.71
Rect
3.00
4.00
18
Cir
12.43
18
Cir
12.43
�pGrate
18.71
Rect
3.00
4.00
18
Cir
13.63
_.b-
21.12
Rect
3.00
4.00
18
Cir
10.02
18
Cir
10.02
jrb-
20.43
Rect
3.00
4.00
18
Cir
11.30
18
Cir
11.30
b-
20.85
Rect
3.00
4.00
18
Cir
12.84
urb-
20.00
Rect
3.00
4.00
18
Cir
11.27
pGrate
18.82
Rect
3.00
4.00
18
Cir
9.95
18
Cir
9.95
ropGrate
18.85
Rect
3.00
4.00
18
Cir
10.86
18
Cir
10.86
pGrate
18.84
Rect
3.00
4.OQ
18
Cir
11.46
urb-
23.70
Rect
3.00
4.00
24
Cir
7.77
24
Cir
7.77
thole
21.52
Rect
3.00
4.00
24
Cir
8.89
24
Cir
9.89
18
Cir
12.39
urb-
21.03
Rect
3.00
4.00
24
Cir
10.31
24
Cir
10.31
b-
20.02
Rect
3.00
4.00
24
Cir
12.30
18
Cir
12.80
urb-
19.66
Cir
3.00
3.00
18
Cir
13.54
18
Cir
13.54
b-
19.69
Cir
3.00
3.00
18
Cir
14.85
ropGrate
21.00
Rect
3.00
4.00
18
Cir
12.51
18
Cir
12.51
pGrate
21.50
Rect
3.00
4.00
18
Cir
13.75
V-PARCELS_minus_3_feet.stm
Number of Structures: 53
7Runate: 6/3/2019
Storm sewers vs.(
Page 3
Junction
Rim
Structure
Line Out
Line In
Type
Elev
Shape
Length
Width
Size
Shape
Invert
Size
Shape
Invert
(ft)
(ft)
(ft)
(in)
(ft)
(in)
(ft)
14.00
Rect
4.00
48
Cir
10.00
ianhole
'14.00
Rect
5.00
4.00
46
Gir
10.00
thole
9.50
Cir
4.00
4.00
24
Cir
4.00
lanhole
14.90
Cir
4.00
4.00
24
Cir
2.00
24
Cir
1.50
24
Cir
2.00
C3-
10.20
Rect
3.00
4.00
24
Cir
B5
urb-
13.93
Rect
2.00
4.00
24
Cir
2.27
18
Cir
2.77
18
Cir
2.77
i_.. a-
13.71
Rect
2.00
4.00
18
Cir
5.20
18
Cir
5.20
�jrb-
13.71
Rect
2.00
4.00
18
Cir
6.00
18
Cir
6.00
3-
13.40
Rect
4.00
4.00
18
Cir
6.80
urb-
14.10
Rect
2.00
4.00
18
Cir
3.50
18
Cir
3.50
o-
i
I
i
i
13.40
2.00
4.00
18
Cir
4.35
V-PARCELS_minus_3_feet.stm
Number of Structures: 53
Run Date: 6/3/2019
Stone Sewers v9.1
L.
ary Report
Page 1
Flow
Line
Line
Line
Invert
Invert
Line
HGL
HGL
Minor
HGL
Dns
Junction
rate
size
shape
length
EL Dn
EL Up
Slope
Down
Up
loss
Junct
Line
Type
(cft)
(in)
(ft)
(ft)
(ft)
N
(ft)
(ft)
(ft)
(ft)
No.
70.97
48
Cir
52.235
5.70
5.84
0.268
12.00*
12.11 *
0.74
12.85
End
Curb-
70.97
48
Cir
276.468
5.84
6.57
0.264
12.85*
13.43*
0.82
14.25
1
Curb-
157.97
48
Cir
105.290
6.57
6.84
0.256
14.25*
14.40*
10.49
14.89
2
DroDGrate
50.57
48
Cir
159.736
6.84
7.25
0.257
14.89*
15.06*
0.37
15.43
3
DropGrate
38.93
42
Cir
120.000
7.75
8.12
0.308
15.43*
15.58*
0.13
15.71
4
DropGrate
35.05
36
Cir
120.000
8.62
9.02
0.333
15.71*
15.99*
0.19
16.18
5
DropGrate
31.17
36
Cir
130.094
9.02
9.51
0.377
16.18*
16.43*
0.67
17.10
6
Curb-
11.03
24
Cir
37.954
10.50
10.75
0.659
17.10*
17.17*
0.10
17.27
7
Curb-
8.56
24
Cir
67.937
10.75
11.20
0.662
17.27*
17.35*
0.17
17 A9
8
Curb-
3.69
24
Cir
164.465
11.20
12.29
0.663
17.52*
17.55*
0.03
17.59
9
Curb-
! 1.69
18
Cir
114.314
12.29
13.70
1.233
17.59*
17.61*
0.01
17.62
10
Curb-
0.90
18
Cir
78.090
13.70
14.65
1.217
17.62*
17.63*
0.00
17.63
11
Manhole
0.90
+
18
Cir
72.339
14.65
15.60
1.313
17.63*
17.63*
0.00
17.64
12
Curb-
i
18.74
36
Cir
108.376
9.51
9.92
0.378
17.10*
17.17*
0.05
17.22
7
Curb-
18.04
36
Cir
63.447
9.92
10.16
0.378
17.22*
17.26*
0.05
17.31
14
Curb-
15.70
36
Cir
46.479
10.16
10.34
0.387
17.31*
17.34*
0.08
17.42
15
Curb-
15.20
36
Cir
68.873
10.34
10.60
0.378
17.42*
17.45*
0.10
17.55
16
Curb-
14.00
36
Cir
50.204
10.60
10.93
0.657
17.55*
17.57*
0.03
17.60
17
Curb-
13.80
36
Cir
74.517
10.93
11.42
0.658
17.60*
17.63*
0.03
17.66
18
Curb-
13.50
24
Cir
96.326
12.42
13.06
0.664
17.66*
17.95*
0.14
18.10
19
Curb-
11.60
24
Cir
91.686
13.06
13.95
0.971
16.10*
18.30*
0.27
18.58
20
Curb-
4.20
i
18
Cir
246.000
13.95
14.90
0.386
18.58*
18.91*
0.09
19.00
21
Curb-
2.00
24
Cir
51.252
12.29
12.63
0.663
17.59*
17.59*
0.01
17.60
10
Curb-
1.00
24
Cir
25.833
12.63
12.80
0.658
17.60*
17.60*
0.00
17.60
23
Curb-
' "ARCELS_minus_3 feet.stm
Number of lines: 53
Run Date: 6/3/2019
UL above crown).
Stour, sewers v9.00
ary Report
Page 2
Flow
Line
Line
Line
Invert
Invert
Line
HGL
HGL
Minor
HGL
Dns
Junction
rate
Size
shape
length
EL Dn
EL Up
Slope
Down
Up
loss
Junct
Line
Type
(cfs)
(in)
(ft)
(ft)
(ft)
N
(ft)
(ft)
(ft)
(ft)
No.
I
9.70
18
Cir
151.000
9.75
11.24
0.987
15.43*
16.53*
0.70
17.23
4
DropGrate
7.76
18
Cir
120.000
11.24
12.43
0.992
17.23*
17.79*
0.15
17.94
25
DropGrate
3AS
18
Cir
120.000
12.43
13.63
1.000
17.94*
18.08*
0.07
18.15
26
DropGrate
8.00
18
Cir
98.210
9.07
10.02
0.967
14.25*
14.74*
0.48
15.22
2
Curb-
2.00
18
Cir
131.623
10.02
11.30
0.972
15.22*
15.26*
0.03
15.29
28
Curb-
1.50
18
Cir
83.129
11.30
12.84
1.853
15.29*
15.30*
0.01
15.31
29
Curb-
3.57
18
Cir
7.112
11.20
11.27
0.984
17.52*
17.52*
0.06
17.59
9
Curb-
7.20
18
Cir
60.000
9.34
9.95
1.017
14.89*
15.13*
0.13
15.26
3
DropGrate
4.80
18
Cir
91.043
9.95
10.86
1.000
15.26*
15.42*
0.06
15.48
32
DropGrate
2.40
18
Cir
61.317
10.86
11.46
0.979
15.48*
15.50*
0.03
15.53
33
DropGrate
17.40
24
Cir
85.862
7.20
7.77
0.664
12.00*
12.43*
0.43
12.86
End
Curb-
17.40
24
Cir
170.144
7.77
8.89
0.658
12.86*
13.72*
0.48
14.20
35
Manhole
13.40
24
Cir
63.887
9.89
10.31
0.657
14.20*
14.39*
0.24
14.63
36
Curb-
12.90
24
Cir
300.337
10.31
12.30
0.663
14.63*
15.46*
0.31
15.77
37
Curb-
6.90
18
Cir
75.572
12.80
13.54
0.979
15.77*
16.05*
0.12
16.17
38
Curb-
2.90
18
Cir
134.523
13.54
14.85
0.974
16.17
16.25
0.04
16.29
39
Curb-
4.00
18
Cir
11.553
12.39
12.51
1.039
14.20*
14.21*
0.12
14.33
36
DropGrate
2.00
18
Cir
126.232
12.51
13.75
0.982
14.33
14.38
0.12
14.51
41
DropGrate
10.00
48
Cir
9.000
10.00
10.00
0.000
10.94
11.03
0.24
11.27
End
Manhole
10.00
48
Cir
9.000
10.00
10.00
0.000
10.94
11.03
0.24
11.27
End
Manhole
10.00
24
Cir
101.001
3.00
4.00
0.990
9.25*
9.42*
0.16
9.58
End
Manhole
6.12
24
Cir
9.730
1.85
2.00
1.542
9.25*
9.26*
0.06
9.32
End
Manhole
1.20
24
Cir
46.000
1.50
1.95
0.978
9.32*
9.32*
0.00
9.32
46
Curb-
4.92
24
Cir
41.149
2.00
2.27
0.656
9.32*
9.33*
0.06
9.39
46
Curb-
'ARCELS_minus_3 feet.stm
Number of lines: 53
Run Date: 6/3/2019
iGL above crown).
Storm Sewers v9.00
ary Report
Page 3
Flow
rate
;cfs)
Line
Size
(in)
Line
shape
Line
length
(ft)
Invert
EL Dn
(ft)
Invert
EL Up
(ft)
Line
Slope
N
HGL
Down
(ft)
HGL
Up
(ft)
Minor
loss
(ft)
HGL
Junct
(ft)
Dns
Line
No.
Junction
Type
i
2.46
18
Cir
250.187
2.77
5.20
0.971
9.39*
9.51 * 0.05
9.55
48
Curb-
1.64
18
Cir
78.507
5.20
6.00
1.019
9.55*
9.57* 0.02
9.58
49
Curb-
0.82
18
Cir
82.000
6.00
6.80
0.976
9.58*
9.59* 0.00
9.59
50
Curb-
1.64
18
Cir
74.263
2.77
3.50
0.983
9.39*
9.40* 0.02
9.42
48
Curb-
0.82
t
i
i
18
Cir
83.859
3.50
4.35
1.014
9.42*
9.42* 0.00
9.43
52
Curb-
-'ARCELS_minus_3_feet.stm
I
Number of lines: 53
Run Date: 6/3/2019
iUL above crown).
Storm sewers v9.00
e Computations
Page 1
Downstream
Len
Upstream
Check
JL
Minor
coeff
loss
epth
Area
Vol
Vol
EGL
Sf
Invert
HGL
Depth
Area
Vol
Val
EGL
Sf
Ave
Enrgy
head
elev,
elev
elev
head
elev
Sf
loss
t)
(sgft)
(ft/s)
(ft)
(ft)
N
(ft)
(ft)
(ft)
(ft)
(Salt)
(ft/s)
(ft)
(ft)
N
N
(ft)
(K)
(ft)
4.00
12.56
5.65
0.50
12.50
0.208 52.235
5.84
12.11
4.00
12.57
5.65 . 0.50
12.60
0.208
0.208
0.109
1.50
0.74
4.00
12.56
5.65
0.50
13.35
0.208 276.46
W.57
13.43
4.00
12.57
5.65 0.50
13.92
0.208
0.208
0.575
1.66
0.82
4.00
12.56
4.61
0.33
14.58
0.139 105.29116.84
14.40
4.00
12.57
4.61 10.33
14.73
0.139
0.139
0.146
1.48
0.49
4.00
12.56
4.02
0.25
15.14
0.106 159.73
57.25
15.06
4.00
12.57
4.02 0.25
15.31
0.106
0.106
0.169
1.48
0.37
3.50
9.62
4.05
0.25
15.68
0.128 120.00
8.12
15.58
3.50
9.62
4.05 0.25
15.84
0.128
0.128
0.153
0.50
0.13
3.00
7.07
4.96
0.38
16.09
0.235 120.00
9.02
15.99
3.00
7.07
4.96 0.38
16.37
0.235
0.235
0.282
0.50
0.19
3.00
7.07
4.41
0.30
16.49
0.186 130.0
9.51
16.43
3.00
7.07
4.41 0.30
16.73
0.186
0.186
0.242
2.22
0.67
2.00
3.14
3.51
0.19
17.29
0.203 37.954
10.75
17.17
2.00
3.14
3.51 0.19
17.36
0.203
0.203
0.077
0.50
0.10
2.00
3.14
2.73
0.12
17.38
0.122 67.937
11.20
17.35
2.00
3.14
2.72 0.12
17.47
0.122
0.122
0.083
1.43
0.17
2.00
3.14
1.17
0.02
17.54
0.023 164.46
12.29
17.55
2.00
3.14
1.17 0.02
17.58
0.023
0.023
0.037
1.50
0.03
1.50
1.77
0.96
0.01
17.60
0.022 114.31
13.70
17.61
1.50
1.77
0.96 0.01
17.63
0.022
0.022
0.025
0.71
0.01
1.50
1.77
0.51
0.00
17.63
0.006 78.090
14.65
17.63
1.50
1.77
0.51 0.00
17.63
0.006
0.006
0.005
0.28
0.00
1.50
1.77
0.51
0.00
17.63
0.006 72.339
15.60
17.63
1.50
1.77
0.51 0.00
17.64
0.006
0.006
0.005
1.00
0.00
3.00
7.07
2.65
0.11
17.21
0.067 108.37
9.92
17.17
3.00
7.07
2.65 0.11
17.28
0.067
0.067
0.073
0.50
0.05
3.00
7.07
2.55
0.10
17.33
0.062 63.447
10.16
17.26
3.00
7.07
2.55 0.10
17.36
0.062
0.062
0.040
0.50
0.05
3.00
7.07
2.22
0.08
17.39
0:047 46.479
10.34
17.34
3.00
7.07
2.22 0.08
17.41
0.047
0.047
0.022
1.09
0.08
3.00
7.07
2.15
0.07
17.49
0.044 68.873
10.60
17.45
3.00
7.07
2.15 0.07
17.52
0.044
0.044
0.030
1.44
0.10
3.00
7.07
1.98
0.06
17.61
0.038 50.204
10.93
17.57
3.00
7.07
1.98 0.06
17.63
0.038
0.038
0.019
0.50
0.03
3.00
7.07
1.95
0.06
17.66
0.036 74.517
11.42
17.63
3.00
7.07
1.95 0.06
17.69
0.036
0.036
0.027
0.53
0.03
2.00
3.14
4.30
0.29
17.95
0.304 96.326
13.06
17.95
2.00
3.14
4.30 0.29
18.24
0.304
0.304
0.292
0.50
0.14
2.00
3.14
3.69
0.21
18.31
0.224 91.686
13.95
18.30
2.00
3.14
3.69 0.21
18.52
0.224
0.224
0.206
1.29
0.27
1.50
1.77
2.38
0.09
18.66
0.136 246.00
14.90
18.91
1.50
1.77
2.38 0.09
19.00
0.136
0.136
0.335
1.00
0.09
RCELS_minus_3_feet.stm
Number of lines: 53
Run Date: 6/3/2019
Storm sewers v9.c
e Computations
Page 1
Downstream
Len
Upstream
Check
JL
Minor
coeff
loss
epth
Area
Vol
Val
EGL
Sf
Invert
HGL
Depth
Area
Val
Vol
EGL
Sf
Ave
Enrgy
head
elev
elev
elev,
head
elev
Sf
loss
t)
(sgft)
(ft/s)
(ft)
(ft)
N
(ft)
(ft)
(ft)
(ft)
(sgft)
(ft/s)
(ft)
(ft)
M
N
(ft)
(K)
(ft)
2.00
3.14
0.64
0.01
17.59
0.007
51.252
12.63
17.59
2.00
3.14
0.64
0.01
17.60
0.007
0.007
0.003
1.50
0.01
2.00
3.14
0.32
0.00
17.60
0.002
25.833
12.80
17.60
2.00
3.14
0.32
0.00
17.60
0.002
0.002
0.000
1.00
0.00
1.50
1.77
5.49
0.47
15.90
0.727
151.00
11.24
16.53
1.50
1.77
5.49
0.47
17.00
0.727
0.727
1.098
1.50
0.70
1.50
1.77
4.39
0.30
17.53
0.465
120.00
12.43
17.79
1.50
1.77
4.39
0.30
18.09
0.465
0.465
0.558
0.50
0.15
1.50
1.77
2.20
0.07
18.01
0.116
120.00
13.63
18.08
1.50
1.77
2.20
0.07
18.15
0.116
0.116
0.140
1.00
0.07
1.50
1.77
4.53
0.32
14.57
0.495
98.210
10.02
14.74
1.50
1.77
4.53
0.32
15.06
0.495
0.495
0.488
1.50
0.48
1.50
1.77
1.13
0.02
15.23
0.031
131.62
11.30
15.26
1.50
1.77
1.13
0.02
'i 5.28
0.031
0.031
0.041
1.50
0.03
1.50
1.77
0.85
0.01
15.30
0.017
83.129
12.84
15.30
1.50
1.77
0.85
0.01
15.31
0.017
0.017
0.014
1.00
0.01
1.50
1.77
2.02
0.06
17.58
0.099
7.112
11.27
17.52
1.50
1.77
2.02
0.06
17.59
0.098
0.099
0.007
1.00
0.06
1.50
1.77
4.08
0.26
15.15
0.401
60.000
9.95
15.13
1.50
1.77
4.07
0.26
15.39
0.401
0.401
0.240
0.50
0.13
1.50
1.77
2.72
0.11
15.37
0.178
91.043
10.86
15.42
1.50
1.77
2.72
0.11
15.53
0.178
0.178
0.162
0.50
0.06
1.50
1.77
1.36
0.03
15.50
0.045
61.317
11.46
15.50
1.50
1.77
1.36
0.03
15.53
0.045
0.045
0.027
1.00
0.03
2.00
3.14
5.54
0.48
12.48
0.505
85.862
7.77
12.43
2.00
3.14
5.54
0.48
12.91
0.504
0.504
0.433
0.90
0.43
2.00
3.14
6.54
0.48
13.34
0.505
170.14
t8.89
13.72
2.00
3.14
5.54
0.48
14.20
0.504
0.504
0.858
1.00
0.48
2.00
3.14
4.27
0.28
14.48
0.299
63.887
10.31
14.39
2.00
3.14
4.27
0.28
14.67
0.299
0.299
0.191
0.84
0.24
2.00
3.14
4.11
0.26
14.89
0.277
300.33
F12.30
15.46
2.00
3.14
4.11
0.26
15.72
0.277
0.277
0.833
1.20
0.31
1.50
1.77
3.91
0.24
16.01
0.368
75.572
13.54
16.05
1.50
1.77
3.90
0.24
16.29
0.368
0.368
0.278
0.50
0.12
1.50
1.77
1.64
0.04
16.21
0.065
134.52
14.85
16.25
1.40
1.72
1.69
0.04
16.29
0.056
0.061
0.082
1.00
0.04
1.50
1.77
2.26
0.08
14.28
0.124
11.553
12.51
14.21
1.50
1.77
2.26
0.08
14.29
0.124
0.124
0.014
1.48
0.12
1.50
1.77
1.13
0.02
14.35
0.031
126.23
13.75
14.38
0.63
0.71
2.81
0.12
14.51
0.222
0.126
0.159
1.00
0.12
0.94
2.25
4.44
0.31
11.25
0.282
9.000
10.00
11.03
1.03
2.56
3.90
0.24
11.27
0.196
0.239
0.021
1.00
0.24
0.94
2.25
4.44
0.31
11.25
0.282
9.000
10.00
11.03
1.03
2.56
3.90
0.24
11.27
0.196
0.239
0.021
1.00
0.24
�RCELS_minus_3_feet.stm
Number of lines: 53
Run Date: 6/3/2019
Storm Sewers v9A
e Computations
Page 2
Downstream
Len
Upstream
Check
JL
Minor
coeff
loss
epth
Area
Vol
Vol
EGL
Sf
Invert
HGL
Depth
Area
Val
Vol
EGL
Sf
Ave
Enrgy
head
elev
elev
elev
head
elev
Sf
loss
t)
(s4ft)
(ft1s)
(ft)
(ft)
N
(ft)
(ft)
(ft)
(ft)
($aft)
(ft1s)
(ft)
(ft)
N
N
(ft)
(K)
(ft)
2.00
3.14
3.18
0.16
9.41
0.167
101.00
4.00 9.42
2.00
3.14
3.18
0.16
9.58
0.167
0.167
0.168
1.00
0.16
2.00
3.14
1.95
0.06
9.31
0.062
9.730
2.00 9.26
2.00
3.14
1.95
0.06
9.32
0.062
0.062
0.006
1.00
0.06
2.00
3.14
0.38
0.00
9.32
0.002
46.000
1.95 9.32
2.00
3.14
0.38
0.00
9.32
0.002
0.002
0.001
1.00
0.00
2.00
3.14
1.57
0.04
9.35
0.040
41.149
2.27 9.33
2.00
3.14
1.57
0.04
9.37
0.040
0.040
0.017
1.48
0.06
1.50
1.77
1.39
0.03
9.42
0.047
250.18
F5.20 9.51
1.50
1.77
1.39
0.03
9.54
0.047
0.047
0.117
1.50
0.05
1.50
1.77
0.93
0.01
9.56
0.021
78.507
6.00 9.67
1.50
1.77
0.93
0.01
9.58
0.021
0.021
0.016
1.24
0.02
1.50
1.77
0.46
0.00
9.59
0.005
82.000
6.80 9.59
1.50
1.77
GAS
0.00
9.59
0.005
0.005
0.004
1.00
0.00
1.50
1.77
0.93
0.01
9.40
0.021
74.263
3.50 9.40
1.50
1.77
0.93
0.01
9.42
0.021
0.021
0.015
1.13
0.02
1.50
1.77
0.46
0.00
9.42
0.005
83.859
4.35 9.42
1.50
1.77
0.46
0.00
9.43
0.005
0.005
0.004
1.00
0.00
,RCELS_minus_3 feet.stm TNumber
of lines: 53
Run Date: 6/3/2019
Storm Sewell v9.c
L
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11. AN n$9 04 .,....
70 30 40 s0 a 70 00 90
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100 110 120 130
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10 15 21 25 30
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Hydratlow Storm Sewers extension for AutOGAL UR FUIV OMMSIM
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Storm Sewers
sewers txtenslon Tor AMOUALMUIVO &)s MEWER_W-PARCELS_minus_3 feet.stm
Storm Sewers
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Lim 10 - R-4
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Storm Sewers
sewers txtension for Autot;AL)WFUIV4:i1 sM21-=wER_W-PARCELS_minus_3 feet.stm
UM rr - R-6
15 20 25 3D 35 40 45 50 55 fia 65 71 75 0
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Storm Sewers
sewers txtenslon for AutOUAU(B)FUI 4:l1 s 1NZ=-WER_W-PARCELS_minus_3_feet.stm
15 LV 25 31
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sewers extension for AutoLAL)WFUIV4:11 S&)SZWMWER W-PARCELS_minus_3 feet.stm
! Um7-R 11
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20-M
11L10
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114 M
12-H
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Storm Sewers
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Line 39 - P-14
15 20 25 31 35 40 45 5e 56 60 65 70 75 N
2d_H
21_M
IILM
15-M
12i0
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Line 38 - R-16
�10
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44.00
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60 W 110 IM MD 160 IN 2W 220 210 2M 200 390 321 30 3W
Storm Sewers
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17 MMiO
12-H
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10M1 110 120 131 UO 150 10 IN IN 190 M
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sewers txtenslon for AUtot.AL)WFUI 4:li Sk MW-WER_W-PARCELS_ minus_3 feet.stm
Line 36- R-17
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22-98
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12-M
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uM 21 - P-i:
29-ig
16A
29
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1_M
96 110 106 110
Rtach (11)
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Lire 2 - P-19
0 M
28 H
15-H
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IM 128 M IN 10 M M 20 20 20 310 3M
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sewers txtenslon for AWOUAMFlUIV4:ll S2MMEWER W-PARCELS_minus_3_feet.stm
UM 27 - R n
1 30 49 50 0 A N
19M
17_M
15-M
13-H
11_H
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116 120 130 SM
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Line 25 - P-21
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10 3e 4e 5Q so 74 M M in 11e 12e 13e 140
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Ling 25 - R 22
30 40 5e 0 19 M 9e 1W 11e 120 130 U@ 150 IN
21W
19M
15-M
11_H
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UM 6 - P-M F C"-
1 30 49 50 0 71 M W IN
16-M
13-M
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110 120 130 ud
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Lim 6 - F 24
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Lire 4 - R 25
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311 40 50 loll 70 8a M Bali 11e 120 1311 140 150 IN 170 IN
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Line 39 - P-26
i 15 20 25 30 35 40 45 50 55
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19- M0
16- M0
13- M0
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7_M
611 05 70 75
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Lim 33 - P-27
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15 20 25 31 35 40 45 A
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55 01 95 70 75 N 05 90 95 1MD 115
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10 15 2e 25 30 35 40 45
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65 A
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sewers txtenslon for AUtOGAL)UR FUIV4:11 S;IMH:WER_W-PARCELS_minus_3 feet.stm
Lim 3 - R29
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20 11 48 so 0 70 W 99 In 11I
21.H
17_M
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9_M
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1_m
120 130
Rmch (2)
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UM 7 - R40
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10 15 20
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25 3n 35 40 45 50
25-M
20_M
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55 0a 65
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Lim 30 — R-37 wa
15 ZO 25 30 35 40 45 59 55 60 55 T6 75
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Line 29-P42
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Um 42 - R-U
1 30 40 so 60 70 M M 100 110
2100
21M M
17M
14M
11_6a
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120 130 UO IN
Retch (2)
Storm Sewers
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Lim 37 - P412
u
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M 15 20 25 30 35 40 45 50 55 60 65 70 75
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Lim 41— R413
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5 1e 15 29 25
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12H
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2e In M 50 W 70 N 90 In 11e 12e
PK—M
21_M
17M
13.M
9_M
15
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(sewers txtenslon Tor AutOCAUUFUIV411 M,)S MZEWER_W-PARCELS_minus_3_feet.stm
i Um47-P45
0 15 20 25 A 35 40 45 50
17M
13.N
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55 0
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Storm Sewers
siewers txtenslon for Autot;AL)OPUI ll S ii&WER_W-PARCELS_minus_3 feet.stm
Line 51- P40
10.lD
12-M
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15 20 25 39 35 40 45 A 55 61 55 79 75 0 M M 95
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Line 60 - P-87
15 20 25 31 35 40 45 50 55 N 65 70 75 N
17_M
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11_M
1
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2m
85 90
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Storm Sewers
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Line 49 - R40
1 6D OB IN 120 im 10 IN 290 2M 240 M
IlLm
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10 m
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1111
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i
Line 53 - R4M
Storm Sewers
~ewers txtenslon for Auto(:AUVFUIV4:11 QMMEWER_W-PARCELS_minus_3 feet.stm
- - -- ----------
Um 62-P40
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15 20 25 31 35 40 45 50 55 BQ 65 70 75 M 15
Inch (2)
Storm Sewers
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Lire 48 - P-91
1i 15 20 25 M
Storm Sewers
;siewers extension for AutOUAUUP01IVR:Il3EWER_W-PARCELS_minus_3 feet.stm
i
Line 46 - P42
JB-W
Storm Sewers
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Weaver, Cameron
From: Chris Russell <crussell@eces.biz>
Sent: Monday, May 6, 2019 12:16 PM
To: Weaver, Cameron; Hall, Christine; 'Robert Tucker'; 'Lewis', 'Alan'; 'James McAden'; Zorda,
Garrett D
Subject: [External] 19-0506_EML_RECD SENT_EXPRESS_SUBMITTAL_DATE
Cameron,
I have checked with all parties involved here at ECES and we are good with that date.
Thank you for getting this scheduled and we look forward to seeing you on 6/4/19.
Chris Russell, PE
(o) 910-754-8029
(f) 910-754-8049
(m) 910-232-0692
From: Weaver, Cameron [mailto:cameron.weaver@ncdenr.gov]
Sent: Monday, May 06, 201910:58 AM
To: Chris Russell <crussell@eces.biz>; Hall, Christine <Christine.Hall@ncdenr.gov>; 'Robert Tucker' <rtucker@eces.biz>;
'Lewis', 'Alan' <alewis@eces.biz>;'James McAden' <jmcaden@realtylinkdev.com>; Zorda, Garrett D
<ga rrett.zorda @ ncd enr.gov>
Subject: RE: [External] RE: NC Shallotte Smith express request
Hi all.
Garrett will be conducting this submittal meeting. Assuming no scheduling issues, we'll see you then.
Cameron
Cameron Weaver
Environmental Assistance Coordinator
NCDEQ-Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington NC 28405
910-796-7265
Cameron.Weaver@ncdenr.eov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Weaver, Cameron
Sent: Monday, May 6, 2019 11:40 AM
To: Chris Russell <crussell@eces.biz>; Hall, Christine <Christine.Hall@ncdenr.gov>; 'Robert Tucker' <rtucker@eces.biz>;
'Lewis', 'Alan' <alewis@eces. biz>; 'James McAden' <imcaden@realtylinkdev.com>; Zorda, Garrett D
<ga rrett. zo rd a @ ncd e n r.gov>
Subject: RE: [External] RE: NC Shallotte Smith express request
Hi all
This submittal meeting has been scheduled for June 4 at 10 AM here at the Wilmington DEQ offices. Let me know if this
not suitable for you and your client.
Looking forward to the meeting.
Cameron
Cameron Weaver
Environmental Assistance Coordinator
NCDEQ-Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington NC 28405
910-796-7265
Cameron.Weaver@ncdenr.gov_
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Chris Russell <crussell@eces.biz>
Sent: Monday, May 6, 2019 8:19 AM
To: Hall, Christine <Christine.Hall@ncdenr.gov>; 'Robert Tucker' <rtucker@eces.biz>; 'Lewis', 'Alan' <alewis@eces.biz>;
'James McAden' <imcaden@realtylinkdev.com>
Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov>
Subject: [External] RE: NC Shallotte Smith express request
Christine,
There will be two ponds and both ponds will use the runoff treatment method.
Thank you,
Chris Russell, PE
(o)910-754-8029
(f) 910-754-8049
(m)910-232-0692
From: Hall, Christine[mailto:Christine.Hall@ncdenr.gov]
Sent: Friday, May 03, 2019 1:07 PM
To: Chris Russell <crussell@eces.biz>; 'Robert Tucker' <rtucker@eces.biz>; Lewis', 'Alan <alewis@eces.biz>; 'James
McAden' <imcaden@realtylinkdev.com>
Cc: Weaver, Cameron <cameron.weaver@ncdenr.eoy>
Subject: NC Shallotte Smith express request
Gentlemen,
I have had a chance to look at the express request for this project. The request indicates that only one pond is
proposed. However, in looking at the site plan and narrative, it appears that two ponds may be proposed. Can you
confirm how many SCMs are proposed for this project and if the runoff will be treated using the runoff treatment or
runoff volume match method?
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine.hallCcD-ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
'Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
For DEQ Use ONLY
Reviewer: V v
North Carolina Department of Environmental Quality Submit
Request for Express Permit Review
Time:
Confirm:
FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. Call and Email the completed form to the
Permit Coordinator along with a completed DETAILED narrative, site plan (PDF rile) and vicinity map (same items expected in the application
Package of the project location. Please include this form in the application package.
• Asheville or Mooresville Regions -Alison Davidson 828-296-4698;alison.davidsonCa►�cdenr.�lov
• Winston-Salem, Fayetteville or Raleigh Regions -David Lee 919-791-4204; david.lee(aancdenrgov
• Washington Region -Lyn Hardison 252-948-3842 orlyn.hardisonfincdenr._gov.
• Wilmington Region -Cameron Weaver 910-796-7265 or Cameron. weaverftncdenr -gov
NOTE: Project application received after 12 noon. will be stamped in the following work day.
Project Name: NC SHALLOTTE SMITH LLC County: BRUNSWICK
Applicant: NC SHALLOTTE SMITH Company: REALTY LINK
Address: 550 SOUTH MAIN STREET, SUITE 300 City: GREENVILLE, State: SC Zip: 29601-_
Phone: 864-263-5426, Fax: 864-232-0160. Email: broQers@realiylinkdev.com
Physical Location:SMITH AVE & US 17 BUSINESS
Project Drains into CSW HQW waters — Water classification IND 15-25-2-8 (DWR Surface Water Classifications
MaR)
Provided Existing Permits
related to this Project
',U
SW _
SW _
NPDES
NPDES
WQ _
WQ _
E&S _
E&S _
Other
Project Located in LUMBER River Basin. Is project draining to class ORW waters? Y/N, within % mile and draining to class SA waters YIN, or within 1 mile
and draining to class HQW waters? Y
Engineer/Consultant: ROBERT TUCKER Company: EAST COAST ENGINEERING & SURVEYING P.A.
Address: PO BOX 2469 City: SHALLOTTE, State: NC Zip: 28459-_ E C E I V E
Phone: 910-754-8029, Fax: 910-754-8049, Email: rtucker@eces.biz
PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT, IF AVAILABLE APR 2 9 203
$0.00 #0 JOBS
SECTION ONE: REQUESTING A SCOPING MEETING ONLY )y�
❑ Scoping Meeting ONLY ❑ DWR, ❑ DCM, ® DEMLR, ❑ OTHER:
SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING
❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ Intermittent/Perennial Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ 401 Water Quality Certification ❑ Isolated Wetland (_linear ft or _acres)
❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance
® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑ Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other
❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales [:1 Off -site [SW (Provide permit #)]
® High Density -Detention Pond 1 # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems
❑ High Density -Bio-Retention _ # Treatment Systems ElHigh Density —SW Wetlands _ # Treatment Systems
❑ High Density -Other _ # Treatment Systems / ❑ MOD: ❑ Major ❑ Minor ❑ Plan Revision ❑ Redev. Exclusion SW (Provide permit #)
❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
❑ Upland. Development ❑ Marina Development ❑ Urban Waterfront
❑ Land Quality ❑ Erosion and Sedimentation Control Plan with acres to be disturbed. (CK # & Amt. (for DEQ use))
SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting request)
Wetlands on Site ® Yes ❑ No Buffer Impacts: ® No ❑ YES: _acre(s)
Wetlands Delineation has been completed: Z Yes ❑ No Isolated wetland on Property ❑ Yes Z No
US ACOE Approval of Delineation completed: Z Yes ❑ No 404 Application in Process w/ US ACOE: ❑ Yes ® No Permit
Received from US ACOE ® Yes ❑ No
For DEQ use only
Fee Split for multiple permits: (Check# ) Total Fee Amount $
SUBMITTAL DATES
Fee
SUBMITTAL DATES
Fee
CAMA
$
Variance (❑ Maj; ❑ Min)
$
SW (❑ HD, ❑ LD, ❑ Gen)
$
401:
$
LQS
$
Stream Deter,_
$
NCDEQ EXPRESS August 2018
East Coast Engi
ENGINEER'
& Surveying, P.C.
U RVEYO RS
STORMWATER NARRATIVE FOR EXPRESS PERMITTING
NC Shallotte Smith
129 Smith Avenue
Shallotte, Brunswick County
The proposed project is a major commercial development located at the corner of Smith Avenue
and Main Street (US 17 Business) in Shallotte, Brunswick County, North Carolina. The tract of
land consists of 25.6 acres.
The project is comprised of 21 proposed retail building spaces totaling 211,696 square feet.
There are approximately 750 proposed parking spaces which includes 32 handicap spaces.
Proposed impervious area totals are 900,682 SF. The impervious area is composed of Buildings
(211,696SF), Driveway and Parking (457,477SF), Sidewalks (41,935 SF). The percentage of
impervious area is 63.8%.
The proposed drainage system is comprised of inlets, piping and stormwater detention ponds of
1.4 acres and of 0.08 acres.
An additional 0.18 acres of onsite wetlands will be filled by the planned construction activity.
This fill has been previously permitted and will be conducted under the existing 401 and
nationwide permits that were previously issued for the site. No additional wetland impacts or
permitting are anticipated for the project.
The three out parcels have been included in the project this time as was not the case in the
previous Express Review Request. They are included at the southeast corner of the project area.
4918 MAIN STREET • POST OFFICE BOX 2469 • SHALLOTTE, NORTH CAROLINA 28459 • TEL: 910-754-8029 • Fax: 910-754-8049
FIRM LICENSE NUMBER: C-3014
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Weaver, Cameron
From: Chris Russell <crussell@eces.biz>
Sent: Thursday, April 25, 2019 12:23 PM
To: Weaver, Cameron
Cc: Hall; Christine; 'Alan Lewis': 'Robert Tucker; 'Barry Guise'; 'Sabrina Babson'; 'Annette
Bennett'
Subject: [External] 19-0425-EML_SENT_EXPRESS_REVIEW_REQUEST-w-attch
Attachments: 19-0425 Transmittal Letter for Express Permit NC Shallotte Smith.doc; 19-0425
_Stormwater_Narrative-1960.doc; 19-0425 REQUEST FOR EXPRESS REVIEW form for NC
Shallotte Smith Street Project.docx; 19-0425_1960-NC Shallotte Site Plan-CERTIFIED.pdf
Cameron,
Please find the request for Express Stormwater Review attached. Please let me know your earliest date for submittal.
Thank you.
Chris
J. Christian (Chris) Russell, PE
Project Engineer
Post Office Box 2469
Shallotte, North Carolina 28459
(o)910-754-8029
(f) 910-754-8049
(m) 910-232-0692
Hall, Christine
From: Hall, Christine
Sent: Monday, April 15, 2019 8:39 AM
To: Chris Russell; Weaver, Cameron
Cc: 'Alan Lewis'; 'Robert Tucker'; 'Sabrina Babson'; 'Annette Bennett'
Subject: RE: [External] 19-0410-EML SENT EXPRESS RESUBMITTAL
Chris,
This project was originally scheduled for submittal on January 11, 2019. Due to the length of time taken to resolve this
last item, a new express submittal meeting will be needed to go over the project. Please submit a complete express
request package to Cameron for review and scheduling.
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine.hall@ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
K. - D..
'Nothing Compares -
it: !o aUZI fio+',-:Idr4.55 is sto4ject I
be disclosed ro rhird pantie: .
From: Chris Russell <crussell@eces.biz>
Sent: Wednesday, April 10, 2019 9:29 AM
To: Hall, Christine <Christine.Hall@ncdenr.gov>
Cc: 'Alan Lewis' <alewis@eces.biz>; 'Robert Tucker' <rtucker@eces.biz>;'Sabrina Babson' <sbabson@eces.biz>;'Annette
Bennett' <abennett@eces.biz>
Subject: [External] 19-0410-EML_SENT_EXPRESS_RESUBMITTAL
ternal email. Do not click links or open attachments unless you verify, Send all suspicious email as an attachment to
n
Christine,
I left you a voicemail and understand you are out of the office until 4/15. 1 was calling to find out what date you have
open for us to re -submit the express review package for the Shallotte-Smith shopping.center project located in
Shallotte. We have gone round and round with our client with respect to the treatment of the entrance road and Lot
#1. We have come full circle and they have decided to go with the option we proposed in the beginning. We will be
treating those areas with an onsite stormwater pond for those two areas. Please let me know at your earliest
convenience as to when we can re -submit the package for your review.
Please let me know if you have any questions.
DocuSip Envelope ID: 165A4B72-43B6-470D-A7ED-969030146671
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
March 29, 2019
Brunswick County
DWR Project: 2014-0948v2
Realty Link
Mr. Brett Rogers
550 South Main Street, Suite 300
Greenville SC 29601
Subject Property: Smith Avenue Site
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Rogers,
You have our approval, in accordance with the attached conditions and those listed below, to
impact 0.20 acres of 404 wetlands and 0.05 acres of open waters in order to construct a commercial
development as described in the application received by the N.C. Division of Water Resources
(DWR) on February 26, 2019. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number 4139 (GC4139).
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non -discharge, and stormwatcr regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 Permit. This Certification can also be found on line at:
hLtp://portal.ncdenr.ora/web/wq/smT/ws/401/certsandpermits.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
r� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension 1 Wllmington, North Carolina 28405
910.796.7215
DocuSigm Envelope ID: 165A4B72-43B6-470D-A7ED-969030146671 Page 2
Brunswick County
2014-0948v2
The Additional Conditions of the Certification are:
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If
you change your project, you must notify the Division and you may be required to submit
a new application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this approval letter and General Certification and is responsible
for complying with all conditions. Any new owner must notify the Division and request
the Certification be issued in their name { 15A NCAC 02H .0501 and .0502}.
2. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification and shall
provide each of its contractors (and/or agents) a copy of this Certification.
3. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices
must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please
notify this Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless
of the expiration of this Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms of this
permit in the construction and maintenance of this project and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project a
copy of this certification. A copy of this certification including all conditions shall be
available at the project site during the construction and maintenance of this project. [15A
NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
6. Continuing Compliance:
7. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements
DocuSign Envelope ID: 165A4B72-43B6-470D-A7ED-969030146671
Page 3
Brunswick County
2014-0948v2
of State and Federal law. If the Division determines that such standards or laws are not
being met, including failure to sustain a designated or achieved use, or that State or Federal
law is being violated, or that further conditions are necessary to assure compliance, than
the Division may reevaluate and modify this General Water Quality Certification. [15A
NCAC 02H .0507(d)]
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional
Office at 910,796.7215 and after hours and on weekends call (800) 858-0368.
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
9. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
10. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e).
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
b=://Dortal.ncdenr.org/web/wq/swn/ws/401/certsandpermits/a ply/forms).
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
DocuSigh Envelope ID: 165A4B72-43B6-470D-A7ED-969030146671
Page 4
Brunswick County
2014-0948v2
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for
information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with
the OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed
to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any
applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR
Wilmington Regional Office at (910)796-7379 or Chad.Cobum@,ncdenr.gov.
Sincerely,
Decuftned by:
S "� 64
v-- UAW 4aWDG4U...
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC4139
Cc: Kim Williams — Land Management Group, Inc. (via email)
Gary Beecher — Wilmington Field Office, USACE (via email)
Hall, Christine
From: Hall, Christine
Sent: Wednesday, February 13, 2019 12:20 PM
To: 'Chris Russell'
Cc: Weaver, Cameron; 'Lewis', 'Alan'; 'Brett Rogers'; 'Robert Tucker (ECES)'; 'James McAden';
'Philip Wilson'; Weaver, Cameron; Scott, Georgette
Subject: RE: [External] 19-0213-EML_SENT_Storm-EZ_Question
Chris,
It is true that consultants have used HydroCAD to demonstrate the pre/post 1-year, 24-hr required volume for projects
draining to SA waters. However, your response to Item 6 in your previous email refers to the runoff in cfs, not as a
volume as your most recent email suggests. 15A NCAC 02H.1002(44) defines "runoff volume match" as `the annual
runoff volume after development shall not be more than ten percent higher than the annual runoff volume before
development, except in areas subject to SA waters requirements per Rule .1019 of this Section where runoff volume
match means that the annual runoff volume after development shall not be more than five percent higher than the
annual runoff volume before development.'
In talking with a few of my coworkers, the other projects that have submitted under the runoff volume matching option
used the Storm-EZ application in conjunction with the supplement-EZ forms. No one recalled a project using volume
matching being submitted under the standard SWU-101 application with supporting calculations.
The Express program is intended for projects that meet the established rules, policy, and guidance. Projects that
propose alternative or new methods for meeting the rules require additional review time that cannot be met under the
express timelines. If you wish to use volume matching and the Storm-EZ application, then we will need to schedule a
new express submittal meeting to go over this new design approach. If you wish to submit this project using volume
matching with SWU-101 and supporting calculations, then the project will need to be submitted to the regular program.
Please let me know if you have any questions or concerns.
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine.hall@ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
—Nothing Compares
E 'fa is f':".':f s �onden:^e tv% r717d /:'':!?i7? eltrS :.-f:"!;l IS to the
;Apr &: G-;1'_' ., y'ub,"... Records Lat, ce.'w" lh&- 'C io ='-i ill) n
From: Chris Russell <crussell@eces.biz>
Sent: Wednesday, Februar;, 13, 2019 10:33 AM
To: Hall, Christine <Christine.Hall@ncdenr.gov>
M
Cc: Weaver, Cameron <cameron.weaver@ncdenr.gov>; 'Lewis', 'Alan' <alewis@eces.biz>;'Brett Rogers'
<brogers@realtylinkdev.com>; 'Robert Tucker (ECES)' <rtucker@eces.biz>; 'James McAden'
<jmcaden@realtylinkdev.com>;'Philip Wilson' <pwilson@realtylinkdev.com>
Subject: [External] 19-0213-EML_SENT_Storm-EZ_Question
? + External email. too not clack loft or open attachments unless you ver`tfyr. Send all suspicious email as an .9ttachment to
Christine,
I had not intended to use the Storm-EZ tool. I have run all the calculations and modeling using HydroCad which also
incorporates the Discrete Curve Number methodology to determine the pre vs. post runoff volume. The design manual
says that the designer "can ;..use` the Storm-EZ tool but I didn't see it as a requirement unless I missed it. All of my
modeling has already been ;.lore in HydroCad. Other designers I have consulted with said that this is an acceptable
method. Please advise.
?'hank you,
Chi -is Russell, PE
(o) 910-75-1-8020
(f) 910-751-40 J9
(m) 91 o -2 32-0692
From: Hall, Christine[milto:Ciirisiir;a..9a11ylncd.znr.t�F�]
Sent: Wednesday, February 13, 2019 8:41 AM
To: Chris Russell <rrussell(a):.�ces.btz>
Cc: Weaver Cameron <,-ameron.wei,,ver@ c. !erir.pclr>• 'Lewis' 'Alan' <aiewis Vie: es.hiz>• 'Brett Rogers'
<h•L ers(,'i.roriltylinkdev.com>; 'Robert Tucker (ECES)' <_tgcker(c:? . ces.bit>; 'James McAden'
<rnaden reala tylin r1ev.corr.,>;'Philip Wilson' <.:Dwiison@realtyli.;, dev.c,--)ni>
Subject: RE: [External] 19-0211-EML_SENT_Mail_In_Date_Comments-w-attch
Your response to Item 6 refers to runoff volume matching. This implies that you are now proposing to submit using the
Storm-EZ application. Is this correct?
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine.hall ncdenr.aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
- ^-P '7 :;;ic :i`_t cc i!' .. ''-
From: Chris Russell <crusse!IQeces.biz.>
Sent: Monday, February 11, 2019 12:26 PM
To: Hall, Christine « .;�r!stirr.H�ll nc�ler,r.Fov>
Cc: Weaver, Cameron < amernn.weayerCDncdenr.- av>; 'Lewis', 'Alan' 'Brett Rogers'
<arp e rs_re 'Robert Tucker (ECES)' <rt=,_ate t-rfq ew 'James McAden'
<jin,caden^realtylinkdev.c:om>; 'Philip Wilson' <tavri!so,�rre
Subject: [External] 19-0211-EML_SENT_Mai1_In_Date_Comments-ww-attch
- -
'i± rnal email, Do not dick' [mks or open aftiAhments unless rou verify. Send ah suspicious ernU as An ottichmeet to
Christina,,
Pilcase seethe uns;�ers o comments i�► red below. ! ;�;ve a1ctzchcd .pdrt;as frcr your review i� i conjunction with tf1�'
responses. Once you have had a chance to review 'these Hems please provide us Vlith your earliest date available to
provide you with the entire submittal package. We discussed the availanility for us to email tho package to you but vie
will hand deliver the items to main office to you_- attention.
--Tease let me know if you have any questions.
Thalik you in advance for your assistance with this project.
kris Russell, P
(o) 910-754-8029
(i7 910-754-8049
(m) 910-23)1-0692
From: Hall, Christine[mailto:Christine.Hall@ncdenr.fov]
Sent: Friday, January 11, 2019 12:29 PM
To: Lewis','Alan <alewis eces .biz>; Chris Russell <crusse�l eces.biz>; Brett Rogers (br-gers@re atyTnkdev.corn)
<arogers9rea1tylinkdev.corn>
Cc: Weaver, Cameron <carneron.weaver&aincdenr.eov>
Subject: NC Shallotte Smith, LLC project
Gentlemen,
Thank you for meeting with me today to discuss the subject project. As promised, here is a recap of the items we
discussed that need to be addressed:
1. The top of bank of the surface waters needs to be identified on the stormwater plans
a. The top of bank has been identified on the plans and included on the attached .pdf.
2. The 50' setback needs to be identified on the stormwater plans
a. The 50' setback from the top of bank has been identified on the plans and included on the attached
.pdf.
3. In order to issue the permit to NC Shallotte Smith, LLC, the purchase agreement will need to be assigned to
them. Otherwise, the current purchaser can be listed and sign the application documents and the permit can be
transferred to them after it is sold.
a. A .pdf of the assignment doe unnent is included.
4. Provide drafted restrictions for the outparcels. Here is a link to the example documents provided by the
Division.
a. A .pdf of the deed restriction document is included.
5. Clarification on the extent of the project / drainage area. Is the back parcel included?
a. A .pelf of the Ji:ainage area nuap is included.
Determine what to do with Lot 1 and the access road.
a. If you are interested in pumping the runoff from this area to the collection system, then more details of
the design and specification of the pump and supporting facilities must be provided. This includes
demonstrating that the pump is sized to handle the incoming flow rate from the drainage area as well as
demonstrating that what backup mechanism is in place to contain/direct the runoff in case the pump
fails. The information I'd be looking to support the design is similar information outlined in to
Infiltration Recommendation #3 for pumped infiltration which can be found on page 6 of Chapter C-1.
i. This opb:,"on is no longer being; considered.
b. Treat the runoff in a second SCM before discharging into the wetlands/surface waters or other drainage
feature. This could be any of the SCM options including but not limited to an infiltration device, a wet
detention pond, a sand filter, stormfilters, etc.
i. fl-te ,,rtrc'ff fora ttois area -*vilI be alit)wed to ksy a s I ca?x=_tent under tyre vo ume inatch
oprio.,n. The lice -development runoff for the project is 0.31 efs. The cost-devils:}�r.ien� u.r�:a;T'
for 1C a projek--,: is cfs with Outlot-1 bsp::
c. Identify the road as a low density area which could then either be treated by sheet flow or vegetated
conveyances. However, this doesn't address building on Lot 1. One option could be to exclude Lot 1
from the project area and let them address their stormwater needs on their own site, if
applicable. However, there are certainly pros & cons to this solution.
L This option is not b:iing; considered.
I believe this covers all of the items we discussed. Please let me know how long you think it might take to address these
items. Also, once you've figured out the solution for the access road/Lot 1, please update me on the changes. If
everything looks good, then I can provide a date to mail-in/drop off the package.
Thanks again!
Christine
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources - State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
Christine. h.�lla^.r,�d�� nr. gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
..�G�FF�er,,,,,,ilii/Fil.i f'E�s ..
cc•: r S, ;ji-.f'rice' :'r? .wc! from this is subiect f!3 ihp
?i.� �•?ir 7:-.; -=ir', n � -i �:!.� f!
`' i:: 1_ :: uf1C: ,7i:'j/ :. .� r1 . ; ro
Hall, Christine
From:
Hall, Christine
Sent:
Thursday, January 03, 2019 12:18 PM
To:
Robert Tucker
Cc:
Weaver, Cameron
Subject:
express submittal meeting for NC Shallotte Smith LLC
Robert,
Currently, this meeting is scheduled for 1/10 at 10 am. Unfortunately, there are no conference rooms available that
day. Would it be possible to change the date / time for this meeting? I was thinking 1/9/19 at 10 am but that can be
somewhat flexible. Please advise.
Thanks!
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine.hall@ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
..!; �!,Jdress i:' Subject k. it` fi
... y be disclosed to third parties.
1
`V.J-
C' `3
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--k4Ae-
Q
L"SJ At,, 6c
For DEQ Use ONLY
Reviewer ( U
North Carolina Department of Environmental Quality Submit:
Request for Express Permit Review
Time:
Confirm:
FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. Call and Email the completed form to the
Permit Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application
package of the project location. Please include this form in the application package.
• Asheville or Mooresville Regions -Alison Davidson 828-296-4698;alison.davfdsonOncdenr.gov
• Winston-Salem, Fayetteville or Raleigh Regions -David Lee 919-791-4204; david leefftcdenn-goy
• Washington Region -Lyn Hardison 252-948-3842 or lyn.hardison(a.ncdenr.teov
• Wilmington Region -Cameron Weaver 910-796-7265 or cameron.weaverfincdenraov
NOTE: Project application received after 12 noon will be stamped in the following work day
Project Name: NC SHALLOTTE SMITH LLC County: BRUNSWICK
Applicant: NC SHALLOTTE SMITH Company: REALTY LINK
Address:.550 SOUTH MAIN STREET SUITE 300 City: GREENVILLE, State: SC Zip: 29601-_
Phone: 864-263-5426, Fax: 864-232-0160, Email: brooers@realtylinkdev.com
Physical Location:SMITH AVE & US 17 BUSINESS
Project Drains into CSW HQW waters — Water classification IND 15-25-2-8 (DWR Surface Water Classifications
MaR)
Provided Existing Permits
related to this Pi oject
SW
at'd
S�N' __
NPD+=S
NPDES
E&S
E&S
Other
Project Located in LUMBER River Basin. Is project draining to class ORW waters? Y/N, within Yz mile and draining to class SA'waters Y/N, or within 1 mile
and draining to class HQW waters? Y
Engineer/Consultant: ROBERT TUCKER Company: EAST COAST ENGINEERING & SURVEYING P.A.
Address: PO BOX 2469 City: SHALLOTTE, State: NC Zip: 28459 JOIN 14
Phone: 910-754-8029, Fax: 910-754-8049, Email: rtucker@eces.biz
PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT, IF AVAILABLE
$0.00 #0 JOBS
SECTION ONE: REQUESTING A SCOPING MEETING ONLY
❑ Scoping Meeting ONLY ❑ DWR, ❑ DCM, ® DEMLR, ❑ OTHER:
SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING
❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ Intermittent/Perennial Determination: _ # of stream calls
— Please attach TOPO map marking the areas in questions
❑ 401 Water Quality Certification
Isolated Wetland (_linear ft or _acres)
❑ Riparian Buffer Authorization
❑ Minor Variance ❑ Major General Variance
State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑ Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other
U Low Density ❑ Low Density -Curb & Gutter _
# Curb Outlet Swales ElOff-site[SW (Provide permit #)]
® High Density -Detention Pond 1 # Treatment Systems
❑ High Density -Infiltration _ #Treatment Systems
❑ High Density -Bio-Retention _ # Treatment Systems
El High Density —SW Wetlands _ # Treatment Systems
El High Density -Other _ # Treatment Systems / ❑ MOD: ❑ Major ❑ Minor ❑Plan Revision ❑ Redev. Exclusion SW (Provide permit #)
❑ Coastal Management ❑ Excavation & Fill
❑ Bridges & Culverts ❑ Structures Information
❑ Upland Development
❑ Marina Development ❑ Urban Waterfront
❑ Land Quality ❑ Erosion and Sedimentation Control Plan with
acres to be disturbed. (CK # & Amt. (for DEQ use))
SECTION THREE — PLEASE CHECK ALI. THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting request)
Wetlands on Site ® Yes ❑ No
Buffer Impacts: ® No ❑ YES: —acre(s)
Wetlands Delineation has been completed: ® Yes ❑ No
Isolated wetland on Property ❑ Yes ® No
US ACOE Approval of Delineation completed: ® Yes ❑, No
404 Application in Process w/ US ACOE: ❑ Yes ® No Permit
Received from US ACOE ® Yes ❑ No
--
__....—_..........--.......--.—per(—Check
Fee Split for multiple permits: (Check# 1
Tofal FeeAmouni$
SUBMITTAL DATES
Fee
- -----------
SUBMITTAL DATES
Fee
$
CAMA
$
_ _
Variance (❑ Maj; ❑ Min)
SW (❑ HD, ❑ LID, ❑ Gen)
$
4Strearn
401:
$
LQS
$
Deter,—
$
NCDEQ EXPRESS August 2018
East Coast Engi
ENGINEERS
& Surveying, P.C.
E=RS•SURVEYORS
STROMWATER NARRATIVE FOR EXPRESS PERMITTING
The proposed project is a major commercial development located at the comer of Smith Avenue and US
17 Business in Shallotte, Brunswick County, North Carolina. The tract of land is 25.6 acres
The project is comprised of 17 proposed retail building spaces totaling 200,388 square feet. There are
approximately 716 proposed parking spaces which includes 26 handicap spaces.
Proposed impervious area totals 639,036 SF/ 14.7 acres. The impervious area is composed of Buildings
(200,388SF), Driveway and Parking (407,332SF) and Sidewalks (31,316SF).
The percentage of impervious area is 57.3%.
The proposed drainage system is comprised of inlets, piping and a stormwater detention pond of 1.4
acres.
A small amount of onsite wetlands will be disturbed by the planned construction activity. This
disturbance has been previously permitted and will be conducted under the existing nationwide permit
that has been issued for the site. No additional wetland impacts or permitting are anticipated for the
project.
4918 MAIN STREET • POST OFFICE BOX 2469 • SHALLOTTE, NORTH CAROLINA 28459 • TEL: 910-754-8029 • Fax: 910-754-8049
FIRM LICENSE NUMBER: C-3014
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Weaver, Cameron
From: Barry Guise <bguise@eces.biz>
Sent: Tuesday, November 13, 2018 2:54 PM
To- Weaver, Cameron
Cc: Alan Lewis; rtucker@eces.bi--; Sabrina Babson tECES)
Subject: [External] NC Shallotte Smith, LLC Stormwater Express Permit Review
Attachments: 18-1113 Transmittal Letter for Express Permit NC Shallotte Smith.doc; 18-1113
Stormwater Narrative for NC Shallotte Smith Express Permit.doc; 18-1113 REQUEST FOR
EXPRESS REVIEW form for NC Shallotte Smith Street Project.docx
Good afternoon Cameron!
Attached are the Express Permit Review documentation including the Letter of Transmittal, Express Permit Application
and the Stormwater Narrative.
Please let Alan know what is open on the express schedule for this project.
Look forward to hearing back from you with a review date. Thank you!
Barry R. Guise, P.E.
ECES