SW8970105_HISTORICAL FILE_20000615 (3)

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 q 7 oI 0 5
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2000 06 15
YYYYMMDD
I

1-State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
.lames B. Hunt, Jr., Governor
Bill Holman, Secretan'
Division of Water Quality
.tune 15, 2000
H.E. Miller III, Member/Manager
Smith Creek Station, LLC
PO Box 2046
Wilmington, NC 28402
FAA
NCDENR
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. SW8 970105
Smith Creek Station
High Density Stormwater Project
New Hanover County
Dear Mr. Miller:
The Wilmington Regional Office received a complete Stormwater Management Permit change of ownership form
and revisions for Smith Creek Station on June 14, 2000. Staff review of the plans and specifications has determined
that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000.
We are forwarding Pennit No. SW8 970105 dated June 15, 2000, for the construction of Smith Creek Station.
This permit shall be effective from the date of issuance until March 11, 2007, and shall be subject to the conditions
and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements
in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management
system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30)days following receipt of this permit. This request must
be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Noelle Lutheran,
or me at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/nml: S:\WQS\STORMWAT\PERMIT\970105.JUN
cc: John Kuske, Y.E.
Tony Roberts, New Hanover County Inspections
Noelle Lutheran
Wilmington Regional Office
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State Stormwater Management Systems
Permit No. SW8 970105
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes ofNorth Carolina as amended, and
other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Smith Creek Station, LLC
Smith Creek Station
New Hanover County
FOR THE
construction, operation and maintenance of two wet detention ponds in compliance with the provisions of 15A
NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans
and specifications and other supporting data as attached and on file with and approved by the Division of Water
Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until March 11, 2007 and shall be subject to the following
specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit, the Project Data Sheet. Pond 1 of the stormwater control has been designed to handle the
runoff from 688,248 square feet and pond 2 for 708,286 square feet of impervious area.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
4. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per
approved plans.

State Stormwater Management Systems
Permit No. SW8 970105
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
Application Date:
Name of Receiving Stream/Index #:
Classification of Water Body:
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Smith Creek Station
SW8 970105
Pond Depth, feet:
Permanent Pool Elevation, •FMSL:
Total Impervious Surfaces, ftz:
Outparcel 4A
Outparcel 4B
Outparcel 1
Outparcel 2
Outparcel 3
Outparcel 5
Outparcel 6
Required Surface Area, ft2:
Provided Surface Area, ft2:
Required Storage Volume, ft3:
Provided Storage Volume, ft3:
Temporary Storage Elevation, FMSL:
Controlling Orifice:
New Hanover County
H.E. Miller III, Member/Manager
Smith Creek Station, LLC
PO Box 2046
Wilmington, NC 28402
January 6, 1997 (Original)
June 14, 2000 (Change of Ownership)
Smith Creek / (CFR 18-74-63 )
"C Sw"
POND1 POND2
7.5 7.5
33.1 34
688,248
708,286
39,988
40,772
19,602
42,340
49,005
40,772
43,516
24,669
25,305
32,400
37,000
55,012
56,642
62,190 62,480
34.9 35.6
3.5" � pipe 3.5" � pipe
3

State Stormwater Management Systems
Permit No. S W 8 970105
I1. SCHEDULE OF COMPLIANCE
The stormwater management system shall be constructed in it's entirety, vegetated and operational for its
intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
I The permittee shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must
be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited
to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
h. The vegetated filter will be kept grassed with no erosion. The spreader mechanism will be kept free
of sediment and trash, and must distribute the runoff evenly over the width of the filter.
4. Records of maintenance activities must be kept and made available upon request to authorized personnel
of D WQ. The records will indicate the date, activity, name of person performing the work and what actions
were taken.
5. Decorative spray fountains will not be allowed in the stormwater treatment system.
6. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless
the facilities are constructed in accordance with the conditions of this permit, the approved plans and
specifications, and other supporting data.
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of
this permitted facility, a certification must be received from an appropriate designer for the system installed
certifying that the permitted facility has been installed in accordance with this permit, the approved plans
and specifications, and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification.
8. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior
to operation as a stormwater treatment device, and prior to occupancy of the facility.
9. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, or sale of the project area. The project area is defined as all property
owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought.
f. Pilling in, altering, or piping of any vegetative conveyance shown on the approved plan.
10. The Director may determine that other revisions to the project should require a modification to the permit.
11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum
of ten years from the date of the completion of construction.
Il

State Stormwater Management Systems
Permit No. SW8 970105
12. Prior to the sale of any portion of the property; an access/maintenance easement to the stormwater facilities
shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale
of any portion of the property.
13. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable
built -upon area.
14. The runoff from all built -upon area on the project must be directed into the permitted stormwater control
system.
15. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written
time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall
provide copies of revised plans and certification in writing to the Director that the changes have been made.
16. The permittee shall notify the Division of any mailing address changes within 30 days.
III. GENERAL CONDITIONS
This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a formal permit request must be submitted to the Division of Water
Quality accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits and may or
may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property for the purpose of inspecting all
components of the permitted stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification, revocation and reissuance or termination does not stay any permit condition.
7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and. Sediment Control Planning and Design Manual.
Permit issued this the 151h day of June, 2000.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
I7�' ti C �t A mil_ I C I
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 970105

)Received Jul-11-00 05:44pm from 704 378 4000 4 ANDREMUSKE page 5
VUN-1GJUL 11 '00 05:45PM R0B'8RRD*NTMEN 10,2519247 P. 4/e
STATE OF NORTH CAROLLNA
DECLARATION OF STORM WATER
COUNTY OF N-Ew uAaNOv-ER MANAGEMENT RESTRICTIONS
TBJS DECLARATION OF STORM WATER MANAGEMENT RESTRICTIONS
is exected this(' day of ..r- , 2000, by S'-N= CREEK STATION, LLC, a North
Carolina limited liability coip _ally ('Declaran").
RECITALS
A. Declarant is the owner of certain real property located new the southwesterly
intersection of Highway 917 (Market St) and Old Eastwood Drive in the City of Wilmington,
County of New Hanover, State of North Carolina, more particularly described on Exhibit
attached hereto (the "Property'. The Property is shown on that survey of Smith Creek Station
prepared by Michael Underwood and Associates, P.A., recorded in Map Book _ at Page _
of the New Hanover County Public Registry (the "Ple).
B. Each legally subdivided portion of the Property is referred to in this Declaration
as a "PzrceL" Each owner of fee simple title to any Parcel is referred to in this Declaration as an
••Owner."
C. Portions of the Property have been developed by SCS as a shopping center known
as "Smith Creek Station," and Declarant intends to develop the remaining Parcels for lease to
third parties or to sell or ground lease the remaining Parcels to thud parties who may develop
such Parcels, all in substantial accordance with the site plan attached hereto as Exhibit B.
D. In satisfaction of conditions to the issuance of the State Stormwater Management
Permit for the Property, Declarant intends to record this Declaration setting forth certain
stomwater.management restrictions applicable to the otaparcels shown on the Plat.
NOW, THEREFORE, in consideration of the covenants set forth in this Declaration and
for the puposes set forth above, Declarant, for i 34e and is successors and assigns, imposes and
Places the following restrictions upon the Property, reserving unto itself and to future Owners
and lessrs of Pareels within the Property certain rights and privileges, all as more particularly
set forth in this Declaration:
i. to W to r ement tri . To ensure continued compliance with
the NC Division of Water Quaiiry Stormwater Management Permit Regulations, 15A NCAC
2H.1000, the outpa:cels shown oa the Plat = limited in total built -upon area. Built -upon area
includes any pavement on that portion of the right-of-way between the front lot line and the edge
of the road, structtaes, pavement, walkways of brick, stone or slate, but not including wood
decking or the water surface of swimming pools.. Built -upon area limits and the corresponding
control system are as follows: P 8
a+a,+«92.x #!:w

a
i
v
Z
Rs�
e
e
m
w
s•�

-ti Received - Jul-11-00 05:44pm from 704 378 4000 ANDREMUSKE page 6
JUN—lEJUL 11 '03 05,45PM ROB BRAD HIWFN 10.1Brs247 P Ei7E 5iB
EX /s riN G 01EE0 �E177�t ���
Built -upon
cel crea a ea U ' Pond
Re �i riff
RB vi tsar
All built -upon area from the outparcels or futare areas must be directed into the permitted
Stormwater control system (i.e., pond number I or 2 as specified above). Additional built -upon
area will require a permit modification. The connection into the stormwater control shall be
made such that short-circuiting of the system does not occur.
2. AmendmMULD949m§% This Declaration may be amended only by a written
agreement owcated by the Owners of _each parcel whhln thi properry; and 'properly retocde d is
the New Hanover Cottflty public Registry.
3. $indine —f—rW. The restrictions contained in this Declaration are covenants running
with the land, they are made by the Declarant for the benefit of itselt its successors and assigns
in title to all or part of the Property, -.-
4. Private A=2MMat This Declaration shall not be construed to grant any tights to
the public in generaL
+Iv WITNESS WHHREOF, Declarant has executed this Declaration under seal as of the
day and year firs; above written.
[Signatures and notary blocks begin on the following page
aiu«cs. arwcar:u

4

\ 0 �
D01 O
\ s
OUTPARCEL.#2�
\ \ SMITH CREEK STATION
�\ \ MAP BOOK 37 PAGE 308
o� ti ti 1O WIDE BUFFER` \
EASEMENT
5EE NOTE ABOVE I.P.S.
IGH 2 \ \
OUTPARCEL #5 h g
S c� j _ 1.04 ACRES o' o
\ \ i ocs v A j R�
I d WIDE BUFFER
\ ,yP EASEMENT DOT
\ \ OUTPARCEL #G n
1 1 1 ACRE519.\
\ \ SEE NOTE ABOVE\
\ \Nn RIGHT.
kp
TRACT #2 \ \0
(2ND REV151ON)
14.23 ACRE5
20A Zg, \ o\OO
gg"
6g° \
2 \
0.
/ \2� CH=30.80' o�w
/ \ \ ARC=35. 1 5' �� \
\ \ R=20.O0'
5 3 1° 1 9'43' E 1 H CRE K 5 ATION
SMITH CREEK STATION
4 1.7 1 \ C t MAP BOOK 39 PAGE' 3GO \\ \
5 280I G'57' E
CH =8.39' DOT \
ARC=8.40'
R=79.00'
1
DOT.
32
A9 �GC\�J^���\ y—a6�
CONTROI. CO
N=181021.:
\ / / E=2343842
IA 23

-14A
44
i At I

whir.BurreR \
4 EA5F:MENT \ `\
LLP \
z,
I F.5 5E1 NOTE ABOVC "/ 6 OGS ` \
\ RIGHT. 3vS, OF 5ET NAIL \ \
~ I d VADE BUPPEP \
4
\O UI PARCEL k2 (REVISION)
1.22 ACr`G5
ppZF`\ \ L /� iti` ``2490 " \
r R \ /S, `7 \
SEE NOTE ABOVE \
��'wj \ \s /4' , 'S• RIGHT. I.P.s\
\ LP. 9 /rye Q 4 OUTPARCLL k5 (REVISION)�.> � 4
\ \ 'VG/ �J ' > /? i0 c.� 1. 17 ACRC:S o\ Q
7 m \
\ 2 Q CONC.
/>C es ,< �r�7 O �\ WALK
(�
A d \ \
\ � \ E.LF. r� OUTPARCEL N6 (REVISION) 0\
Z -��vb 1.) 1 ACRE5
\ W \\ P.K. IL
5EE NOTE ABOVE -CONC. \ \\
s
ACCE55ANGRE55/12GRE'55 \ \gp -\ RIGHI.
EA5EMEN1 (PRIVATE)
2 \
1RACT #2
QRD RL-VISION)
13.95 ACRES /� \ L.LP, 69°Z\ 39" 0 \
\i
NCH=30.8fY O\
\ \ ARC-35.15' \ \
\ \ SMITH CREEK STATIOtJ
R=20.00' N\
5 31 ° 9'43' [ OUTPARCEL #3R \\ !q`y-
a 1.71 \ C %N MAP BOOK 39 PAGE 3GO \\
528°1 G'57'L rc
CN=8.39' \ \ v DOT
\
ARC=8.a0' \ \ �•2\ E�
R=79.00' \ \ \V
\J \ NO2G
\ \ "o
1CONIROL L
5Z53 N= 1813
p, C=23a
P� 38<
/ ' VO

-11
A;f
or-
Q1,
5

Sent b�tpNDREWZKUSKE Jun-13-00 11:53am from 910343960499103502004 Page 1
I ,
NDREW & KUSKE John R. Andrew, P.E.
1 CONSULTING ENGINEERS, INC. J.A. Kuske, P.E.
902 Market Street J. Phillip Norris, P.E.
Wilmington, NC 28401-4733 910-343-9653 / FAX [phone]
LETTER OF TRANSMITTAL
To:
Date:
Job No.
Subject:
i
WE ARE SENDING YOU VIA
❑ ATTACHED ❑ UNDER SEPARATE COVER
❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS
❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER
❑ _
FAX TRANSMITTAL: NUMEMR OF PAGES
INCLUDING THIS TRANSMITTAL _
Call 910-343-9653 if you have any difficulty
receiving this message.
COPIES
DATE
NO,
DESCRIPTION
AS QUESTED
OR YOUR USE
FOR REVIEW AND COMMENT OR APPROVAL
❑ FORBIDS DUE ❑ YOUR PRINTS LOANED TO US
REMARKS: , f%G�G /✓J� 7b
SIGNED
CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged) and confidential, intended for the sole use of the
addressee. If you are not the addressee or the person responsible for delivering it t the addressee you are hereby notified that any
dissemination, distribution or copying of this document is strictly prohibited. If you have eceived this document In error please immediately
notify the sender and return to the address above.

Sent b,y:RNDREW&KUSKE Jun-13-00 11:53an frop, 910343960449103502004
Received Jun-13-00 e9:39am from CCITT G3 - ANDREMUSHE
JL14 13 100 e9:39fi1 P.21�
Pa9e 2
page 2
TaKL9NO. rand ldentlllcNo. R05013409-074-00o
VaMedby LauntyCAVA doyof 20,--
by '
Mai aRv trm�u 8m11h1iSma hldlukMoroe, L.L.P.
127 UFM Sue4 lt5hel1teq KOM Camlltu 2Mo1; AUAtim 1. Dtdwrn D41am, E4
i
'Nta (oaavm®t war pespaesdby Rob1200% Btrbhaw d MAW, P.A.(WKP)
Ddddoodpdm 6sr tea lodes Oulp mel 03 (125 Acra) Map Bonk 39, Pose 360
NORTH CAROLINA GENERAL WARRANTY DEED
THIS nEeD made dare 31e day of
SMrr31 CREEK STATION, L.L.C.,
A Noah Cuolia ltmltad 11"Ity company
ON Lot Pumar B Aawilnm Inc.
4330 Fah Road, Smote 300
CMIINe, North C"Ins 28209
20 _ 1n . by am eaten
GRANTRE
store Lryestmuu, LLC.
A Nall Camibu U dle:d eaMUfy company
On C3uku R. Sooe
102 Sound vim Drf tr
Nampnad, NorW WOW* 23443
Pabrlo appnpr4a lWa breaab pargt ttama, addw,enOrlf appropr4ele,duyaetarofantiry, eq. eeryorado or pumenhlp.
The dedvau" Oesdtor am (laftm o used herein Bali inehnda aid pawiea, thou hdre, ouoemora, end ablyµ And .hall lachdc
sttl8tilar, Ovid, masoueu& fudslma or mat a requtmd by coassm
WITNE389M lbu ON GIVAM. for a v"It coaidnadon 11aid by the Oname, dw ruelpt of which 1t hereby uknowladged, hen
and by thou prescou does 8nrt1 bervilk sal am mm cy am mho 0talam la the siropb, d11M oetufn lot or Pucd of lam reheated
In the Cry of Wtlmhgtats New KU war County, NotW Carolina ud mom pndodady dams od ro ftnowo:
OEM all of OulQe wl 03, contsInI tg awroldmalely 1,25 K-m, as ague patwedy .loan an ft Flat emWe1 "6ltdlh
Clock Station outpamsi a3, (Hadeioa)." propww by MW44 Underwood ad Andodumf, PA, dud mcorddd is bfep Book
39 Pap 360 of the New Hw met County Replier df Doch (the •Re;Icuy" ), to which plat mlemum h nude for a roam
pardaduac ddpboa of Oulparcol Q.
Togefhm w1h ad RMM to the Mmmerto and teellcdore Mad by fhat OorWn Amended ad ported Raiproal
FAMMent ad Operalon ABttxmam dared Pe IUM 28, 1997 and taorded ten MkMh 4, 19" al Beek 2147 Pap 06)2 of
Lk RGVdry, u amended by the tedata 6rcoad Amerced and Restated Redpmcd Buttem ad Operation Agreemaot
dated January ID, 1991 am roeerded st Book 333S Pane 04311 dthe Regidry.
a,ntmor,au/a4n

Sent 1,v2PNDRE41&KUSKE Jun-13-00 11:54am from 9103439604d9103502004 Page 3, 5
Received. Jun-13-00 09:39am from CCITT 03 a ANDREMUSKE page 3
I " 13 'Bo 09:3" P.3/5
The property Ittxtioabove dncnW war ocgWmd by Om IRW by Iolbvt ul readd In Book 2345 At Page 0373 in the
Now Hanover C=WPublic RcgetW '
A map shaving dte above dmribod property iirecorded io Piet Book 20 pogo _360
TO HAVE AND TO HOLD the dxtuld lot of pod of lard and all pAvlleges and VVertemnon "Mo bdoeglnp tc the Orantec In
Pee almple.
And the Oreoror coveenon with Uto Onntfa, 01101e1110r b selwd of dx pmcmLa Is I" aielpla, hu the AQd m aavey tbs same In
the Mot Wt UU4 Is tairkeuble and Roe and dear of au cocand;tUcis. and that ONAW will wumt ud CIONMA tltc tide "Out fie
lowdU delta of all pas om wLansoever amps for do oxapdona bu*WW mtd Title to the property hmeimbov4 described It
suven to rite amewing sm sptions:
1. Ad velotwt real ostma axes for the you 2M and arbsequent yan, a lien but not yet due and payable.
3. AB reatdofou; a"X16 ntca, ne9rt'edQn& WdudoN, maslitlow, a WMAU. agteemmu Or COW MMM Of r4LOrd offer.ling
the ptopery. .
J. To eopw continued eatpilance wla dw NC Dlvldon of Wan Quaft SWmwater Musip meet Pramh Reg WOWS, I5A
NCAC 2H.lODD, alto pepary u huoby Umhd in toW bWt-qon area. Butt-ttyart area ktchrdn any pasmem m dw ponfoe of
Ow rightet-way bdween ibe runt 1d line and IM edge of the road pranrars, pavement, walkways of brick, stow or alas, but
not kicl dklg weed decking or the water pubes of swimming pools. ra WWilpah ua lima for the property It 49.005 scia m
real. The m v%pa; dky; mmrol rysl rbr the prop" Is PoM 02. M bvilo-upon au Qom the propaey nap be din4ted Intu
the permitted stonewslQ amrol 00sm. AddhlozW buUbupm teas w111 mquh a pemdt mdifgioo. The mneoctlon into the
mantawatea control "I be male such Iha dhoneuafting of dw ayaem" as awe.
IN W1TNUS WBERIAP, the Onntm his helmmo let his hard and =4 at if oupomenA bee dosed this Wtmment to be
signed in to corporate nmae by Its duly audicrlud cotton; end lu seal to be Itercunlo affia d by pnboriy of Its w4neging mctnbor,
the day and you Rm above "itm
.IL" .t. r . .. a. J ' alai
The ibregdng Catificeie (s) of
is/we aniGd to be corUsl Tfds iwuumctt and We certificate sic duly registered at the date end time and in the Book end Fags
ehown on the Gum page hercof,
R80[=R OF DHBD3 FOR COLNW
By: DegntylAssimm Regtacr of Deeds
0I51111 .tl WIW

Sent h91RNDREUMKUSKE Jun-13-00 11:54an fron 91034396p4>9103502004 -,-Page 4i 5
Received Jun-13-00 09:39am tram cc111 us - RnVECnnnuonC P a 5
10 JUri 13 100 09:39PM
STATE OF NORTH CAROLINA DECLARATION OF STORM WATER
COUNTY OF NEW HANOVER MANAGEMENT RESTRICTIONS
THIS DECLARATION OF STORM 0. bWSTER ANALCREE�TN,IT RE i�CTIONS
North
is executed this _day of "Declarant").
Carolina limited liability company
RECITALS
A. Declaram is the owner of certain real property located near the southwesterly
intersection of Highway 017 (Market St.) and Old Eastwood Drive in the City of Wilmington
County of New Hanover, State of North Caroline, more particularly described on Pdsh_!W"
attached hereto (the "Property"). The 12roperty is shown on that survey of Smith Creek Station
prepared by Michael Underwood and Associates, P.A., recorded in Map Book _, at Page —
of the New Hanover County Public Registry (the'7119 ).
B, Each legally subdivided portion of the Property is referred to in this Declaration
as a "Parcel." Each owner of fee simple title to any Parcel is referred to in this Declaration as an
"Owner."
C. Portions of the Property have been developed by SCS as a shopping center known
as ,Smith Creek Station," and Declarant intends to develop the remaining Parcels for lease to
third parties or to sell or ground lease the remaining Panels to third patties who may develop
such parcels, all in substantial accordance with the Bite plan attached hereto as FAWbit&:
D. In satisfaction of conditions to the issuance of the State Stormwater Management
permit for the Property, Declarant intends to record this Declaration setting forth certain
stormwater management restrictions applicable to the outpercels shown on the Plat.
NOW, T'iiEREFORE, in consideration of the covenants set forth in this Declaration and
for the purposes set tbrth above, Declarant, for itself, and itssuccessors and assigns, imposes and
places the following restrictions upon the Property, reserving unto itself and to Nture Owners
and lessees of Parcels within the Property certain rights and privileges, all as more particularly
set forth in this Declaration:
1, aStorm Water Manaeemen� Itestrletfons, To ensure continued compliance with
the NC Division of Water Quality Stormwater Management Permit Regulations, ISA NCAC
2H.1000, the outparcels shown on the Plat are limited in total built -upon area. Built -upon area
includes any pavement on that portion of the right -of --way between the front lot line and the edge
of the road, structures, pavement, walkways of brick, stone or slate, but not including wood
decking or the water surface of swimming pools. Built -upon area limits and the corresponding
control system are as follows'
Built -upon
Ctf�lY.4LD,Y1 n110

Sent. )v1AHDREW&KUSKE Jun-13-00 11:54am from 910343960449le3502004 r—,.Page
4tdceived• Jun-13-00 09:39am from CCITT G3 4 ANUKOOK"nc a sus
i JUN 13 100 09:40AM
l
4 pereaae Limit FaAA
Outpereel 01 .SO acres 19,602 ft.a 1
1.09 Bores 42,340 f0 1
} putparce! #2 1
Outpareel f14A 1.02 acres 34,48E R? !
Outparcel #4B 1.04 aces 40,772 R.'
Out arcel #S
1,04 acres 40,772 ft 2 2
(. Outparcel 06 1.11 Acres 43,516 ft 2
fAll built -upon etas from the outparwIs or future areas must be directed into the permitted
atormwater control system (i.e., Pond number 1 or 2 as specified above), Additional built -upon
area will merle south quire a Peirnilt rcuiting ofthelsystem does ooccurThe connion nto the etortnwatet control ahall.be
that
t.c
a written
2. Amendntenr to Declaratim. This Declaration may be amended o brecorded n
agreement executed by the Owner$ of each Parcel within the Property, and properly
the New Hanover County Public Registry.
3. lgindln ERe t. The testrictions contained in this Declaration are covenants running
with the land; they are made by the Declarant for the benefit of itself, its successors and assigns
l in title to all or part of the Property.
4. &jvate Aaree wW. This Declaration shall not be construed to grant any rights to
the public in general.
IN WITNESS WHFREOF, Declarant has executed thle Declaration under seal ea of the
!` day and year first above written.
1Slgoatures and notary blocks begin 00 the following page•]
q
6�11rA1.01]IIAl11V 2 '
5, 5

sent b9rRNDREU&KUSKE Jun-14-00 10r15am
61)61 EW & KUSKE
CONSULTING ENGINEERS, INC.
902 Market Street
Wilmington, NC 28401-4733
from 910343960489103502004 rage 1
LETTER OF TRANSMITTAL
John R. Andrew, P.E.
J.A. Kuske, P.E.
J. Phillip Norris, P.E.
910-343-9653 I FAX [phone]
To:
Date:
Job No.
v
Subject:
S o
WE ARE SENDING YOU VIA
❑ ATTACHED ElUNDER SEPARATE COVER
❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS
❑ SPECIFICATIONS ❑ DISK3 ❑ COPY OF LETTER
Cl
FAX TRANSMITTAL: NU 13ER OF, PAGES
INCLUDING THIS TRANSMITTAL _
Call 910-343-9653 if you have any difficulty
receiving this message.
COPIES
DATE
NO.
DESCRIPTION
,Ge�2_ GY/T G
❑ AS REQUESTED
❑ FOR YOUR USE
❑ FOR REVIEW AND COMMENT FOR APPROVAL
❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US
CC:
SIGNED
CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privilegNd and confidential, intended for the sole use of the
addressee. If you are not the addressee or the person responsible for delivering ijTgto the addressee you are hereby notified that any
dissemination, distribution or copying of this document is strictly prohibited. If you ha received this document in error please immediately
notify the sender and return 10 the address above.

Sent, by IANDREWZKUSKE Jun-14-00 10:15am from 910343960449103502004 Page 21 4
Received Jun-13-00 05:081)m from CCITT G3 4 ANDREW&KUSKE page 3
JUN 13 '00 85MBI'M P.3i5
adH2 a_two ,let
31109 IA/0d an 2rO00 !4a,1%p1#lden:ne 6r A
�cat
_ 8001( PAGE
'r `oye�y
?159 r,515
Z000 Jul -8 Ail ill I I
,Nra a�Novaa eoaNrr fc ae�ae/a4aa
' � 911BD,Do R000I�EA rtA�Ga.lf!ti0
nrn tin ISY $hsriJ (S
A Red ERaro �a(i191^tt nr l'}c05
feeler Ter t;,,,S!!•'�i'^"f!:'�D-11:
(}(((1R!1 8a,wrx 11.10
T 9aatrad
P6scd ldmdCCNa U5013.OD4-07+4)w
Tax Lot Na 10,
Vessel by cnaeb on the day of
by
bLD anercaddo,{u 9mi1h11me+lsDtIUf6Maare LS.P
' 11701wB�,omauDl�'. Nona l'aaodae Z4mlAt>rddae: r.9teiM Ycl.uts.E
Tile Wtr,mtaa aeapup..dtry gpiinwu, H,ddwwa HiamCf+l _ ,
1i.:uaeo5ptrrn lhrdmhdmt 04=lw 03(1.03 Ac" M4P Bodk 39, Pop 360
NORTH CAROLINA GENERAL WARRANTY DEED
TPO MM MI mla le)2 day at Jon. .20 00 ,by and We"'a"
OGTH CR88& STATION, I.L.C., stow ttiw llnL I.LG
a worm cow" UI lislolary comptw' t North CueNnelDahrd tuWsry cempald'
ao Lc Pieced AaaOlava, laa e!o Chule6A sate
Ano trek PIGS& %ft Soo 101 bwad vlaw Drier
GudOtf0. x0m cmosto 21no Hempstead NOW CUQI r81
CnprHappygrlah&tacit Pr eS61fan/'tw'c, adltwA, an&lr "Mgt"chaaa ^raft, s4 carpoaatlan or pattaarAblP,
U da i"litab UnMr Yid 0mclaA oa+wd bmia CIO ht<lade uld pm6u, theta hales. s westom and atdgns tad ¢hall laclodd
dttyale*, Plod, MILIMM iDa=11111M Of FMW 90 rtapdredby emRr]1
w nM9SETt *a lha Oatrca, far a ealmbia oaddma60•'t pid try tee Gnantp the =VIF Of wbkh Is hereby UkrowiedI has
and by mcee Pit daa W11I aid! aad wmho ay wd a Cameo In fca dmo% all due att+in lot a psteel of land thnaed
�. la ma Cdy of Wlttdhrgeme .�(aw Mmwm CouM, Norm Carolina, and nwrt pudadadr daeribed u mama
BWO $11 of 0103, makiaA appwtimaWy L13 sera, u more "Aloduly sbawn on the plat 40d1a3 "BtAth
Croak smdmt 07113, QuMaIw PtipSrod by Nf*A UOde"Nod and AuodUea, PA, mid mcarded in Map Hook
39 Pepe 34D of the N,,, Harmer Cowry R¢yltter of DwdA (the-Roajzt,-/�, to which plat MAMM 19 =40 for a meta
pardWer depcdpdoo ofowputtl 43.
TosemAr Mdt VA atlil" to tt o aatrmem And rawctloef warted M that raids Aotedcd and ltatnW eedproed
8ucmaat 4pd Opctadea Agteemaet dead pabntpy 18, 1997 and rtxandW on Much q, 1997 atBook 1147 Page 0431 of
the Eeghay, a6 amrrded by that certain stood Amr+dad end Paiared Rnty oeol tiaremeat and OpentSan ageemmt
dead A6041P 0, 19M rod recoadedfiI 2331 PoP 0133 of the Raglrtry
F.7TIlFYNBD TO Zl#f-3&DO
unnnu,AtwAnta

Sent b9:RNDREIMKUSKE Jun-14-00 10:16am from 9103439604i9103502004
Received Jun-13-00 05:08pm from CCITT 03 ANDREWHUSKE
JIB•! 13 leaL 05 OPRIIe {{�� p P. 4/5
• a IMT)a1E 21�aP�alel0 4122Son IiM 121o2xOt glks_: F]11- IBB[IaooP On age/i72opo 15:]O�ti ��a�
— ----- — -- —_ 9a1 �lll 11 PACE
oo
27S9 0516
_� ecn17 to dta
� �P�.1�a(Pabura dasaSbad+se
xq-bodhy Q=WbY4vemacatteeorlledia x34d _�_
—
Near, Haaersg
p myp mne✓mithn ahac drnonbal V'Pmv+s noosded is Put Book.a39 Pella tin °°etCe �CCSD balrmginp m@a0r+nnam
SO HAVE AND To MD me afm.]sld let or Pam aflsed nod ell PpA•Ileles U0 VFMW
Ib0 tintpla
And rbs G"nme epYeaadY MIb the tlrtntm, mnl Grsem[ V "deed of*. P.110 be in nmple, bsl ale riot m a4ovq d:a "ma in
An ai9pL• tba yea a m.rtmt ble a Oaaa sad cetO " ga' dams flames, And met Gtemet'"fill want Goa defend me ttas yams[ Me
lewfW UaiaL et s8 Ptnaoa wb,T .anar W."pt fog the exude" h"emeder stated ride to Abs pmps[H hr]eidsbwe deaaibed U
• eubjadmdte tellowml aecapdoas:
1. Advdagemred"Isla
tumt fit dtnyessUW sad u¢nquentyaaP, a 1 AtM not Yet due lbd payable.
2. All reshtadom aat:MUwAs. tae�adtxs, trmttsdooy madidons, aetemen0, ngieeveaU Or "mat memo OC leant" sftbomv
me pf"em• ldlde�em PC®it Ba;alatlnes, 1aA
t Te Sam aunfmaea da1@lleaca -MA ate NC bk•Wou of water Qauft StatmtWter oo dla[ oa N
NC✓`G ix.i(lad, dssptolwy Smlic th. diemtdja VVBWnaru.Bt¢1Pupm etesiealad"shy pavement Pam
mo eVl}u of tvq Mltroaen tea mws Aos lmo .ad e►e wile aE dm taut, shnemtaa pavemeet Mling'ala oibiiek / is # glr eleta, hot
not inmWdtmP wood derKmP as du water Jll.=a of r4mmfnR pools, 'flee boilt upad uaa fimli rm 0a PrOW U aP,aa3 wasro
Roc The aorreTaadma "Wool tl'etem far the psopetty U Pagtd a2. A11 bWleaq+ee oeg Sma dtc sloe, lY
tmstt m dhatmd nae
The psrmm d Atermmawr aaoavf arils®• Aadieeeol bWt-afehe eYttea date a tnrsga®it><odtGoatlon. 'Ehe aaaaaUioa lam da
smmaaoe Oenwl hall In mtde such U, ahoroado"IsVtV
Ri W21198Ba IL
W1388FGB� Me qMw W%me=set Ids t=6 and seal, m if""Posem, bus as aed.dgU i"oemam m be
&(goad m w aagPOWD a�a by to dub• nrdtari"d o�rt and 6& eesl m lAe Sare®m tlftxad by euthatAry ut is me6eDog meanbu,
the dy and year f1TA411 Ye mtitgae.
The wegohAl C-tiBnsw W of
Page 3/ 4
page 4
Wm eernhd m be eoeew 'hit lueb cyW oad lke wda"m am doll R8e"=°d of `SS Ages aged MOO era in Aa Boat end Palo
e4M.. as de dtatNRe bettet.
BY
oarnnae..m�me
uourBA QF DBMS PCB COUNTY
DepulyfMielsat Rejiue* of Dead&

Sent b9:QNDREW&KUSKE Sun-14-00 10:16am from 9103439604j9103502004 page 4i 4
Received Jun-13-y0.�0 05:08pm from CCITT G3 ANDREMUSKE
7UN 13 '00 05:09PP1
oOCRIVod 06/13[20DO 15!28 In G1 LZ on line 12 for LC0 gry mINo FAX •• princatl on 06/13l2000
1J; 28 FAS A102:TJ1Y20 SID tli RHlme 3MIUae 9foor
BOOR
q
}
h
STATE OF NO>RTU CAROLINA
COUNTY OF MaCKLEMIURCr
page 5
P. "
15:30 1 oa VO4
PAGE
0517
Ar"tl'K S 2ION L.L.0
SMITH C TA a North
Carolina limited liabil' cotapaay (SEAL)
B (SEAL)
at W, per, ita Manager ,
L thAASWA L. h1 AM& . a Notary Public fo=County and
State, do hereby ccrzlfj that Lat W, Purser, as manage of SMITH CREEK STATION, LAX,
a North Carolina limited liability company, personrMy appeared bafte me this day and
acknowledged tba due czevution of the foregoing in3 runtept 4n behalf of tba company.
WITNESS my hand and olilclal seal, this the s day 044, 2000.
uy commisolon expim:
STATE or MORE c•ARmINA
X9W MM~ COWNY
'W 1.tadgy Mlmted cwaftwN of
NWy 0 110 Ovhllo W .n aN4�
m!e arm�a,
ThL Ow
L_ i1 fto O�ad,_ erki io ��4v
Dapnrrl a-•w-

== Andrew & Kuske
_ = CONSULTING ENGINEERS, INC.
John R. Andrew, P.E.
J.A. Kuske, P.E.
J. Phillip Norris, P.E.
902 Market St. • Wilmington, North Carolina 28401-4733 • Telephone [phone] • Fax [phone] • okengnrs®wllmington.net
June 9, 2000
Ms. Noelle Lutheran, Environmental Technician
NC DENR/Wilmington Regional Office
Div. of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Smith Creek Station
Modification and Name Change to
Stormwater Permit No. SW8970105
Wilmington, NC
A&K Project No. 00121
Dear Ms. Lutheran:
:^ ]
JUi'1 1,! Cii�
pwp
PROd #
Enclosed are 2 revised plans for the subject project, 1 set of revised calculations, 1 set of
original calculations and a title opinion showing ownership by Smith Creek Station, L.L.C.
Please note that the required deed restrictions are being prepared by the owner's attorney and
will be forwarded to you upon receipt.
Please use this information to process the permit modification and name change we discussed
in our meeting on Wednesday, June 7, 2000. If you have any questions or comments please do
not hesitate to contact me. Thank you for your assistance on this project.
Sincerely,
ANDREW & KUSKE
CONSULTING EE�NGIN IRS, INC.
. f
J n A. Kuske, III, P.E.
JAKIII/jmc
pc: Lat W. Purser, III/Lat Purser & Associates, Inc. w/print
Henry E. Miller, III/Smith Creek Station, L.L.C.
Tom Gates/Robinson, Bradshaw & Hinson, P.A. w/print
00121-9

ft
Date Design I Andrew and Kuske Sheet
G�B�oo 902 Market St. CONSULTING ENGINEERS, INC. Wilmington, N.C. 28401 0-1
nt
I (Check (Job (For Job No.
/MPERu/o�,r �s//G,iti/J70nlJ 'rM/7T1 �.CEE.� STiJTIcy�/ �/Z �
Ste! 177-/ G.eEE /K S7--,-7 TIo
W/GM /.t/F TD^// ^I-e
ICE ✓/1E o O vT.oif.e c-EL ✓.eo of fi9cc✓e?rno^/J'

w
Date Design Andrew and Kuske >of
902 Market St. CONSULTING ENGINEERS, INC. Wilmington, N.C. 28401
Check Job For Job No.
/M�E.eli/GVJ' fi9GL✓Lif77M/S SM/Tt/G.CEE.C.-iY?l7o�I O�/Z/
FvTi.CE 46vELo.��IENT '���fCT-�yT .S.h/s-,y
f.eEE K-S'T�Y77o/`/ f/9vE dEE.�/ APE Nv�'7BE2E,0.
SE✓E2/1L OF T!/E /�.eE ✓io riJ'C_ y �/O/.CoriE./J
®vTP9�ccEc�- HrlvE i9GSo KEoc�cE.O ,TL/G/s`TL`/
/•�/ S/ZE . 77>E.eE Fo.eE � T/1E sMiTiY c�tE"6 K
ST�I'7>o/�/ sT�17Z .i7oery c../�EiL ,oE2 „7/T/1'
i¢n/o .eE/✓✓�sGE� Th`� ovTR'J�oE �f. E�lcif
OVT/��l�c-cEL h/iL-c- Q,E f%LLbG�r%�/> �lo^jo
/r7/oE/�v/oriJ' LOVE2yGE L/KE 771E o///G/N?L
i9�P� ✓i'►L . T/fE 7aTiTL /--s/�E.vv/ovJ' /f�CFi¢
OE/ 77i'� OciTi>?X-LLtl Ft//GL .13E �EOv�C.O
SL/G/f7Z_y. Noa✓EvE� 771E ToT?L_ /r7PEti✓/oul"
sr/�fyGE /'fLLoc„iE0 Got. Er/L/j �^i./p
/./O
?n/ O �6ti.h /T ?TTila/1G4

Date Deslgn Andrew and Kuske Sheet
/i/B oo --Ptle= 902 Market St. CONSULTING ENGINEERS, INC. Wilmington, N.C. 2S401 Of
Check Job RE v/ fEO GiiTPiftc EG For Job No.
/r/P6.Gvivv,r pi/cG.�G.9J7oNl SM/77/ GiCE<A� .ST7nrn/ :)O/z/
%rif G- /�roE.L✓/o vS f/L LOU,EQ /,✓SF
PViV4 To 7,i L
CtiTY%lRCE L nVo. / � `70 "70
09�9c04'gWf[tEL NO, Z (�D 90%O
ZSgc gii-.�ifccEG /VO, 3 @ 510%
o r/TirN1RCEL No, 4✓9 0 c7Oo70
/.04.9c 00vo. 4B(o 9007c,
/, O 4 Ac ouTA 9.>•cE c. /Vo, S @ 90070
/, //i9c oNo, /o @ 9090
Po/Vd /Vo, I PGW4 Np, Z
/S.&�iiC/688,3S6SF Z64elxo8376
/9 6oZ SF
-91Z' 340 SF
3 9, 98B ss�
40, 772 .SF
49, oos sF
¢O 772 SF
431 S/6 SF
NOTE; EEO AFES7X/G77on/J' H/iGL BE /2EcgepE,p AeE,tTit/G77AA/.
TiYE i96o v,E OciTio?ACG6rs TD 7'/f,E ��/�/�BE2f
Si7f0 [.`A/�/. %O rjo /H FC/iN/o✓J' Goc.i E 2r- V
/✓off 721/-E Ta TifC /M/�EAL✓/o (/J Sr/�Fi/GE /1GG otJEO Fob
Eez .Y "�00 w�G .eEi�-r�rin/ �rIE s'..� E err rrrE
O.P/Gii✓�JL GALLriG ?77oN.J' ili✓.O AoE��r�i�'

State Sto.—W&!er \13=semeot Systems
R-=it \0 CWq 0Mm
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Permit Number:
Location:
Permittee:
Mailing Address:
Application Date:
Water Body Receiving Stormwater Runoff:
Classification of Plater Body:
Smith Creek Station
970105
New Hanover County
Mr. L.A. Smith, Vice President -Legal
Home Depot, USA, Inc.
2455 Paces Ferry Road
Atlanta, GA 30339
January 6, 1997 (Original)
June 4, 1997 (Change of Ownership)
Smith Creek
"C Sw"
Pond Depth, feet:
POND
7.5
EODIDZ
7.5
Permanent Pool Elevation, FMSL:
33.1
34
Total Impervious Surfaces Allowed, ft2:
688,356
1
4-414a Future Development 39, 9eg/¢o, ��z
93,654_
708,396
Outparcel 1 / ♦ 9 40Z
�'�
Outparcel z
tP 4Z, 3-f o
4:7-9ifi
OutparcelZ S
Outparcel k G
46-91g 4o,-77Z
OutparcelX 3
-43- i 43, sib
-49,65.8-
Required Surface Area, ft2:
24,669
25,305
Provided Surface Area, ft2:
32,400
37,000
Required Storage Volume, ft3:
55,012
56,642
Provided Storage Volume, ft3:
62,190
62,480
Temporary Storage Elevation, FMSL:
34.9
35.6
Controlling Orifice:
3.5" pipe
3.5" pipe
3

J6- 88 '9
-
JLi-
�6�_j'o
oN 797FLo1np -
J6�S/
'Z
= / ' a/v 1r•�wioi��Jv �v2t�,>' -
J'7777cLc!!�'o 2
,
'q-v 7.� p� doll 3L7 �v�tln
--�'r Oo0 SZ
s>�77iT
7L cx7 'a.0 = sxly
L
1��y�-v/�i7��/ 37'�cl�� o.--••v ./'17i7.Ld1 �..o >
� 3LON
G 6/6 // Z o �/�'/•'3Y �—'7n77L7 r/biir y�U /
L£ r.=[�,/f :rJ»'> ftl�t...s r—aCr1i»771.J !•roin f 7 -�7)
ON qof l03 9of �ha4Z)
L02cZ ON 'uol6u!w"M an
� :)NI '52133N19N3 9NI1lf1SN0D V 4U!: 'N ZOZ
aauS a�snA pun rnajpuy u6iSa4 a od

Date Design Andrew and Kuske Sheet
Z1./gh 7 �' 202 N, fifth Ave. CONSULTING ENGINEERS, INC. Wilmington. N.C. 28401 Z
Of
Check Job for Job No.
CLS 'la'-1 e'-m s.--1c17i 96oJ7
*"r r/l/��/?c T OE i �Ff �?>< it i..✓G_ Gu....e.c f i� S/.oF�?j icl = / 7. co 7t
T.C�c.c lJx,t,•/" / Erg .
7. 9e ,74f,� fr
— Fv7v�E GEcilicF�yc.---T %7.c/6c = lv. BS iyc,c%f
i✓o. / c� aTi�rxctij
7bT>TL / r7/�E2 ciicc._J /JKi_�f = 3Z. // plc-�c<T
x iop
'vi7'-7'r2 y
%r7%J�'[. Tip ?ZT/Q [ //7.✓iiGC /I�CEA = 36>. it .0 Ef
cJo i c!e vio ✓ ?zLii
c 94 $-O
'»� : i.--sPF2 Rio �.J �,G E iJ.! L✓E.��
.GLVN 0<rJ ei� >-o
iM/�.c�.i io ..✓ CwaER TLC .
/.-GY•JEv.CiC. �/c .E t7 �
i
C/1FC.0 .E/TG // .ao- v Ole
.Oo
i`/ylc// ODE.../ ../oT .FXG!-EO
�.T�% /r✓/!l�C.�h._.,f

Date Design Andrew and Kuske Sheer
Z//9/v7 �K1lI 202 N. Finn Ave. CONSULTING ENGINEERS, INC. 'Nilmington, N.C. 28401 3 Ct
Check Job For Job No.
�i /.�Alc✓/cv1 �//'/�'c �7/.i SrJ/7N LL'FF/' ST�o-J l/6G 37
S
�E7S�✓77U-�J f�/O Ne. / 1J«iv�llL�i�'l.ol"c�io f �L�
/E. 6 S" -;t- x
/��F.c violEn r
O�Tni7�t/fC No. /
- Ov7'Y/i7scc6c �/o , Z
i1s°�Tz T Dx/Cr1,
S/af c✓i!z � 7,>;✓c,r /J,�c ,ate✓� ET! ,
Ta779C
ToTiTL G.cEE/`/ iT.�r9
/30, 90 Z. -T/F
oZ S,-
77, 9/4- J,, -
/o, o/ '9G
2 . f> S --;r-
X /ov = B¢. 7 Z
,I. 8S oC7 i-<.i/n ei./ �f.�.Tci i-./�,Tlo�/ O.0

Date Design Andrew cnd Kuske sheet
7 202 N Fitlh Ave. CONSULTING ENGINEERS, INC. Jd,,,cgicn. P:.0 2E401 3 Cf
Check Jet For Jcc No.
4'�-•G ,ten S /rH GXc/"f S/-7,7.—_/ �/6G37
66 Tom.✓ 7Ja.J Ay-�Io n/a / /o / , y
_ /2, 6 S" -X--XFJ
1i7�E�L vic.�l �+c6n
-A 1Jvit a / -/'
I%D �7f OEFO </ / =
TE,..�7- iJ = 9T, o0o SF
47,
iJl�°�.UTcTO/
.SioOe.�/Jz r✓ � ✓c,r iJ.� c ,r✓� ETT' ,
S/./ct �ol.J F✓7v.cE �Ev
FLRct6G No, / C Z, /S?L /rf�
S,o i1G
7'oTi7L GLEE/`/ T,GE// _- 2 . 8S /.G

Date Design Andrew and Kuske Sheet
Y/97 �hr 7lT 202 N. Fifth Ave. CONSULTING ENGINEERS, INC. Wiimington. N.C. 25401 g Ot
Check Job For Job No.
e-LSr/Tr/l.c.Er_ ,r .r -r�n<U 9603>7
= / 9, 3-S
T /1[l/G a /tiiG J'
d
-
- Z6 Ovo.TF
- ^�i➢TD.t TEi./Ti�T
"E "
= SSA oco �F
.r%lOOJ 4u 17;v ,-,772ba 7a,.�,7�,r
<
- c-v�7pif2 c!- e
19 7l
- Oci TA?+L 1.4-/ No,
,S
- / P .jc
f�N1J i✓c: Z Plo / �FF.t .�i�.�.T = /G. zG x /�-o = 8 � . O 3 �o
IVO TE .' E��/, QETF ✓77/moo �o /Lr OFJic v Fn
8S ��� i �--7.o<=.c-yic�.J' �JSG+ 7. Tlr� /�o,✓�J1
//"-E
i7<c SC is irjL i 6< i✓lilt- .� c o /
0

Received Jun-07-00 01:00pm from 704 378 4021 ANDREW&KUSKE NO.842 P.1/7 age 1
JUN, 7.2000 1:03PM ROBINSON BRADSHAW
b
ROBINSON, BRADSHAW & HINSONP P.A.
ATTORNEYS Ar LAW
I FAx OPERATOR SOUTH CAROLINA OFFICE
[phone] 101 NORTH TRYON STREET, 9UTE 1900 THE GUARDLW BUILDING
CHARLOTTE, NORTH CAROI,INA 28246 223 & MAIN S'TKERT, SUITE 600
TELEPHONE [phone] POST OFPICE DRAWEE 12070
FAX [phone] ROCK HILL, SOUTH CAROLINA 29731
TELEPHONE [phone]
j FAX [phone]
FAX COVER SHEET
To: John Kuske
Location:
Telephone: [phone]
Fax: [phone]
From: Tom McNeill
COMMENTS:
Please see attached.
Date: June 7, 2000
Number of Pages (including this page): 7
will NOT folio
will follow by:
Client/Matter: 06366.01110
THE INFORMATION OONCAWRD IN TM TELRCOPY MAY EE MVR,EOSD AND/OR CM7=NTIAL AND IS D1 WINED ONLY FOR TER Um OP THE
PERSON TO WROM IT IS ADDRESSED, IF THE REAM OF TRIS MESSAGE IS NOT TEB INTENDED RECIPMNT (OR EUGH RECTRIT'S BWLOYEE OR
AGENT), YOU ARE HEREBY NOTPINO NOT TO MAD, DLTT=UM OR COPY THE MATSRALE ATTACHED HERETO WITH= THE PRIOR WRITTEN
CONSINT OF TIM SENDER, IF YOU HAVE RIMM THIS TELRCOPY N ERROR, PLEASE NOTIFY THE MMU BY COLLECT TEEPHOl3 GAI1 AND
RETURN TUB ORONAL TWICOPYTO US BY MAL ANT) WE WELL REDARL'IM YOU FOR THE MUDREO POMOS, THANX YOU.
WI
i� A

Received Jun-07-00 01:00pm from 704 378 4021 - ANDREW&KUSKE page 2
.. JUN. 7.2000 1:03PN ROBINSON BRADSHAW NO.842 P.2/7
Received 09M3 400 15.03 in 0200 an line 2 for 4000 IN[OMINO FA% •• Printed on 05105 2000 15,07 ` Ps 1/6
MAY-05-2000 0: 12 WESSELL & RANEY 410 762 7557 P.01/06
FACSIMILE TRANSMISSION SHEET
WESSEILL & RANEY, L.L.P.
107-3 !forth SA 6erent
wilminston. me 20601
Poet Office Rom 1040
Wiimiagtom, NC 28402
Telephone: [phone]
Facnimi.le► [phone]
R-Mail: wandrIftelloouhh.net
T0: Tom McNeill
PAX NUMBER: 704-378-4000
FROM: Bill Raney
DATE: May 5, 2000
TOTAL PAGES (including this Transmission Sheet):
SS you do not receive the total number of pagan indicated, please ca 1 un as soon
as possible at the telephone number indicated above.
ORIGINAL TO FOLLOW BY MAIL: X_ Yes NO
Res Smith Creak Station, LLC
Following is our opinion on Title for the City of Wilmington. The
original will be sent to you by Federal Express. Also following is our
statement.
The Federal Exgresa package will include eopiea of documents that you
requested, as well as a copy of the recorded plat,
pleaoe call with any questions.
confidential information intended only for the uea of the individual or entity named
above, If the reader of this message is not the intended recipient, you are hereby
notified that, shy dissemination, distribution or ampy:stg of thin communication to
strictly prohibited. sf you have received thin communication in error, please
immediately notify us by'teiaphotte and return the original masons to us at the shove
address via the 7.0. Postal services it ac instructed. Thank you,

Received Jun-07-00 01:OOPm from 704 378 4021 ANDREW&KUSKE page 3
JUN. 7.2000 1:04PM ROBINSON BRADSHAW NO.842 P.3/7
Race ved 0395/2090 15]00 in 02:30 on line 2 for 4000 INCOMINm FAX •• Printed on 05/03/2000 15:07 • Ps 2 6
V-05-000 15:13 WESSELL S RANV 910 762 7557 P.02/06
VRHLXXXb RY 081NiCN ON TTTLR 80R
City aP Wilmington, North Carolina
The undarsignad has a,mmiaed the raaard title ob the New Hanover County records laud
muaiaipal tax end aesepament reaords if within a muaiaipality) -Cr the period shown
balov relative to title to the roes proparey described below, and gives the f011Ovibg
opinion of status:
OWNERS Smith Crack Station, L.L.C.
ZNTPRRST OR RBTATRt Marketable fee simple title
PR09212T 0880RSPTfa171
Taxaet
Treat #2 (Revision), Tract #3 (Revision), and Outparcels 1,
2, 3 and 4 as' shown on a map of Smith Creek Station
(Revision) prepared by Michael vaderwood and Association,
P.A. and recorded in Map Book 37 at Page 308 in the Office
of the Register of Deeds of New Hanover County.
SQA,7'S W TD T33 POLLOWMM SPSCT L INVOINATION AM =CEPTIONS1
1. Ad valorem taxes am paid through and inaluding theme for the years 2999.
2, Texe8 now due and payables NOne.
3. Tares, a lion, deferred or otherV490, but not you duo and payable] 2000
City of Wilmington and New Hanover County ad valorem taxes,
Which are a lien but not yet due and payable.
e. Special levies or ameeemasto now due or payable in future installments]
None.
S. Estate or inheritance tabmat None•
tastaiativa Covenants? None during the period of out searah.
Recorded Plat?, You.
1. map soak 37 at saes 308.
21 suildip potback Lim to) of 0 feet from franti 0 feet from aide, 0
feet fray street, 0 teat from rear.
2. , violated? No.
4. aasemento/Other Mattormi A detention pond is located on Tract 3
(Revision), and on Outparcal 04. There is an access

Received Jun-07-00 01:00pm from 704 378 4021 y ANDREW&KUSKE page 4
JUN. 7.2000 1:04PM ROBINSON BRADSHAW NO.842 P.4i7
Received 05/05/2000 15.05 In 02:30 an time 2 for 4000 INCOMING PAX •• Printed on 05/05//2000 15:07 • Pa 3/6
MPY-05-MO 15:13 WESSELL & RWEY - 910 762 7557 P.03i06
easement crossing a portion of Outparosl ##4.
Aeoeaa to 7ub1Lo Right of Nay, Direct.
oTBAR 91ASzmzKTO, AS8N8, D=1 0! TRVIT, OB,7ECTZONS OR DEFECTS,
1. Lawyers Title Insurance Corporation ieaued an ownar'S title
insurance policy on the subject property dated April 13, 1998 at
11:15 a.m. in the amount of $8,727,000.00. Our search is
specificallyy limited from the date of this policy through may 3,
2000 at 5: 0 p.m. The following exceptions are noted on the
Lawyers Title,policy:
a. Deed of Trust to asrone C. Herring, Trustee for Branch
Banking and Trust Company in the original principal amount
of $ dated and recorded April
13, 1298 ,n Soos 346 at page 3�Tew Hanover County
Registry.
b. Restrictions appearing of record at Book 2146, Page 888 and
re -recorded in Book 2147, Page 632, New Hanover County
Registry.
e. The Lawyers Title policy insures only the location Of
boundary lines as set out on that boundary survey dated
December 19, 1997 by Michael N, Underwood, R.L.S. The
existence and looation of any improvements and easements are
mot insured. Said boundary survey reveals the following:
i) detention pond located on Tract 3, (b) detention pond
located on Outpareel #4, and c) access easement.
d. Rights of others in and to the uae of the detention ponds as
shown on the above referenced survey.
e. Rights of others in and to the continued uninterrupted use
of the access easement as shown on the above referenced
survey.
f, Such state of facts occurring subsequent to 12/19/97 as
would be disclosed by a current, accurate survey and
i4lapection of the premises,
g. Easements and rights of way of record for the installation,
operation and maintenance of public utilities to Tidewater
Power Company recorded in Hook 428, Page 04T telephone
permit recorded in Book 427, Page 120 and to CP&L recorded
in Book 428, Page 1071 Book 599, Page 682; Book 939, Page
363; Book 539, Page 4231 Book 428, Page 88 and Book 639,
Page 428.
h. Second Amended and Restated Reciprocal Easement and
Operation Agreement recorded in Book 2335, Page 435, New
2

Received Jun-07-00 01:00m from 704 378 4021 ANDREMUSKE Page 5
JUN. 7.2000 1:04PM ROBINSON BRADSHAW NO.842 P.5i7
Received 05/05/2000 13:05 in 02,30 on line 2 for 4000 INCOMING Fa% •• Printed on 03/05/2000 15107 • Rg 4 6
MPY-03-2000 15:13 WESSELL 2 RANEY 910 762 75r K.00i06
Hanover County Registry.
2, Deed of Trust and Security Agreement to Wesley M, Becker, Trustee
for Branch Banking and Trust Company in the original principal
amount of $565,636.00 dated and recorded November 9, 1999 1n Book
2693 at Page 173, New Hanover County Registry.
3, Assignment of Leases to Branch Banking and Trust Company dated
and recorded November 9, 1999 in Book 2669 at Page 168, New
Hanover County Registry,
StMjZCT TO TIM POLLOW=G STANDARD SSCEPTSON91
1, interests or claime not disclosed by public records, including but not limited
tee
{a) vrrraocrdaQ machaniaa' or matarialmen's liens. (Wsas may be tiled by
persons or entities furniehiag labor or materials to saaayy i,mprovemenbs o
real prepparty within ISO days from the laae day of performance and will
upon PC: motion relate in priority to the first day of partOrmance as a
valid lion on real property.)
(b) Unrecorded leaves. (Under North Carolina lee pPtrtier in possession of the
premises under a verbal or unrecorded Lomas of three years or lass duration
may remain in possession wader Cho terms of the tonsaty,I
(a) Matters that may defeat or impair title which do not appear on the a public
(Evidence revealing missitl heirs, forgeries, and. may net be ca
records, but much facts if proparlY ertablisbad may impair ox defeat what
appears to he a gold title an the record.)
(4) Taxes, Rpeolal aaaessments sad other governmental charges that era not
,ehawn as existing liens by the public records. (nevarnmental charges may
he made for acres" fees, tap -On fees, cost of weed nutting, demolition Of
condemned buildings and Other matters that era claw ahmm as existing liens
on the property by the public records,)
(a) Uallated peraaaal property taxed. (if discovered, such taxes nod any
penalties may be assessed as a lion an the subject property.)
2. Matters occurring prior to and subsequent to the inclusive dates of examination.
S. Matters which would be rovaalod by a review of the public records regarding tea
proposed purchaser/harrower, who is not a awrent owner of the property.
a. Any inaaouracias and 4iadropaaeios Which an accurate survey of the property may
disclose. (A survey, if procured tram a competent purveyor or civil anginsar,
will normally datortcias whether iftiprovamente lie within the be=11=ias Of tbo
prdpertyr whether existing utility lines, roads or other eaeemente cross the
premises, and whether that► are any encroachments.)
5. daouritY inhereete that may bow attached to fixtures on the subject property as
provided in Article 0 of the Uniform Commertial Code of North Carolina,
6. Conllanas with any local eauaty, state or federal government law or regulation
relative to environment, voaing, oubdiviaiea, coaupanay, use, aonatruation at
development of the subject property.
7. radoval judgments, liens, and proceedings tiled only in Federal court. (Upon the
tiling of a petition in ba:l)ezuptey, title CO real nreparty vents in the Trustee
in sankruptay and notice thereof is not always required to be tiled in the count
in which the bawLw.^t owns property; federal condemnation proosedings may vest
property in tte fe aral government and notice thereof is not required to be
3

Received Jun-07-00 01:00pm from 704 378 4021 - ANDREMUSKE page 6
JUN. 7.2000 1:05PM ROBINSON BRADSHAW NO.842 P.6/7
Received 05/09/2000 15:05 In 02:30 0 line 2 for 4000 INCOMING PA)I -- Printed on 05/05 2000 15:07 " PG 5 6
MAY-05-2000 i5ii4 on
8 RANZY - 910 762 7557 es/05
recorded among the County recorde.k
a. Civil actions where no notice of JLL.%sgDdftU against subjsot property appears of
record.
P. Ilssleting easements for road, street and utility rigbta of Way.
10. Any lien filed by the United States in any Cadarai or State jurisdiction against
the property deaeribad herein shish is subject 130 er U&CO011e4 W hasardons
substance removal puzmwmt to the superfund Amendmanta and Reauthorization Act of
ISO$ or the knowledge of any property Omer of Potential liability from hazardous
substances oa the property.
TSIB OPINION ON TZ%W IS Vol TRR PARTIRS TO WHOM IT IS PA=2MCD, iA
NOT TRAN9PRRUL'R, AM MAY NOT BN USED By ANY OTBAR PMWOM OR '='TY
WITMOOT THE PRIOR WRITTZK CONSM OF THE UNLHH8ZMM.
The Search period wan.trom April 13, 1296 at 110.9 A.M. to May 3, 2000
at 6800 P.M.
aAalnw.Pooa\eeo-oea+rea
WBSS Z?+ a FIMY, Z.L.P.
ByI rQ- 9===j!
ay, jr.
Attorney at Law
107-8 N. 2nd Street
P.O. Sox 1049
Wilmington, NC 28402
Telephones [phone]
4

Received Jun-07-00 01:00pm from 704 378 4021 ANDREMUSKE page 7
JUN, 7.2000 1:05PM ROBINSON BRADSHAW NO.842 P.7i7
Received 05/05/2000 15.05 1n 0200 on time 2 for 4000 INCOMING FAX •• Printed en 09/05/a000 15:07 • Pe 6 6
MAY-03-2000 15:14 WES°ELL 8 RANEY 910 762 7557 P.06ieG
WESSELL & RMEY, L.L.P.
Post office Box 1049
Wilmington, NC 26402
910-762-7673
May 06, 2000
Invoice submitted tat
Smith Creek Station, L.L.C.
c/o Robinson, Brad®haw rm Hineen,
D.A.
101 North Tryon Street, Suite 1900
Charlotte NC 28246
In Reference To: Tract 2 (Revision), Tract 3 (Revision)
and Outparcels 1-4, Smith Creek Station
invoice # ROO-088 (3.02)
5/9/00 WAR Title examination and related
services
For profeseional services rendered
Additional Charges I
Federal '61xpreas
Total Coate
Total amount of this bill
Balance due
Mrs/Rate Amount
350.00
0.00 $350.00
11.25
$11.25
$361.25
$361.23
THIS STATB)MENT IS PAYABLE UPON RECEIPT. After 30 daye a FINANCE CFIARGE
computed at the rats of 1.8• per month, or an AMM PERCENTAGE RATS of
184, will be applied to the outstanding balanoe.
TOTAL PAS

ANDR�W & KUSKE
CONSWLTING ENGINEERS, INC.
902 Mar et Street
Wilming n, NC 2840}-4733
i
a LJ John R. Andrew, P.E.
J.A. Kuslce, P.E.
J. Phillip Norris, I.E.
910-343-9653 / FAX [phone]
I ! LFTTFR OF TRANS.aAI- TAl
To:
P5
LL t�clu I� rS
Data 5-ra R2 _
Job No,
g7lla�
//1�
Sublen:�t.Ut.l�, vu.L/c. Siitzlu'w
5W�4JS G70tO5
i
WE ARE IIENDING
❑ AT7
❑ SHO
❑ SPE
❑
You VI
HED UNDER SEPARATE COVER
DRAWINGS M PRINTS ❑ TRACINGS
IFICATIONS t DISKS q COPY OF LETTER
''FAX TRANSMITTAL: :,NUMBER: OF PAGES
INCLUDING,TNIS TRANSMITTAL'; 7
o:
Call 910 343-9653., if you : have any difficulty
receiving this message.
COPIES
DATE
NOI
IDESCRIPTION
I
i
LASREUESTED
1
,FOR UR USE
q. FOR REVIEW AND COMMENT q FOR APPROVAL
( ❑', FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US
CC:
SIGNED ��
CONFIDENTIAL AND PRIVILEGED: Information cgntained In this document Is Privileged and confidential, Intended for the Sale use of the
addressee. If you em not the addressee or the person responsible for delivering It to the addressee you are hereby notified that any
disseminaUan, distribution or copying of this document Is strictly prohibited. If you have received this document in error please immedlately
nolify the Sander and return to the address above-

TRANSMISSION VERIFICATION REPORT
TIME 05/11/1998 12:19
NAME NCDEH&NR
FAX [phone]
TEL
DATEJIME D 1 12:18
FAX :58
PAGE(S) 2'
RESULT
MODE TANDARD
J"O

1
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
James B. Hunt, Govemor Wayne McDevitt, Secretary
FAX COVER SHEET
Date: 5-12-ci 8
To: G S CQ
CO: Aidrew & Ku Ske-
FAX #: 343 ct (,o 4-
REMARKS:
No. Of Pages: 2
From: L n d Z (,-e u'S
CO: t. w Q
FAX#: [phone]
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3815 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Aetion Employer

-State of North Carolina
-Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Witter Quality
May 12, 1998
Mr. John Kuske
Andrew and Kuske
902 Market Street
Wilmington, NC 28401
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Ownership Transfer for
Smith Creek Station
Stormwater Project No. SW8 970105
New Hanover County
Dear Mr. Kuske:
The Wilmington Regional Office received the permit ownership transfer request on March 31, 1998.
Per standard procedure, a compliance inspection was conducted on April 3, 1998. The inspection revealed
a few items that needed attention prior to repermitting, including clogged orifices, no trash racks, some slope
erosion, and no Engineer's Certification. The report was sent to Mr. L.A. Smith with Home Depot, and
copied to you.
As of this date, the Engineer's Certification has not been submitted, and no correspondance has been
submitted regarding the status of the items in the Compliance Inspection Report. Until these items are
resolved, and the PE Certification is received, the transfer request is on hold.
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\LETTERS\970105.MAY
cc: Linda Lewis
Central Files
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

L
-!C
w
It. Hike—
APR 02 IM
AMWW AND Ruse
Date:
Subject: SUB q,7(-)105
it I I
erM4+., Re,250- P/10, eociosec( ( Our ch,e;ckAt
-14-14 C) -
IF
be, 40`01 Per Al' reuirelneW5.
rule, NCAC Z-H, 1000.
(hziLjcAA, 4
From:
North Carolina Department of Environment,'
aR Heakh, and Natural Resources

State of North Carolina
Department of Environment
and Natural Resources RECEIVED
Division of Water Quality
James B. Hunt, Jr., Governor MAR 3 1 1998
Jonathan B. Howes, Secreta
A. Preston Howard, Jr., P.E.
A��
IL
1:3FEE NF1
VATER QUALITY SECTION
Lt ► ;u_ ►_ I;u: �►
Permit Number: S W F 1917 0 1 0 5
I. Permit holder's name: Home Depot U.S.A., Inc.
2. Permit signing official's name and title: L.A. Smith
(Person legally responsible for permit)
Vice President, Legal
(Title)
3. Mailing address: 2455 Paces Ferry Road City: Atlanta
State: GA Zip Code: 30339 Phone: ( 770 )433-8211
II. NEW OWNER/NAME INFORMATION
1. This request for a name change is a result of:
X a. Change in ownership of property/company
b. Name change only
C. Other (please explain):
2. New owner's name (name to be put on permit): Smith Creek Station, L.L.C.
3. New owner's or official's name and title: H.E. Miller, III
(Person legaTFy response le for permit)
Member/Manager
(Title)
4 Mailing address: P.O. Box 2046 City: Wilmington
State: NC Zip Code: 28402 Phone: ( 910 )256-2613
A&K 497112

THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF
ENVIRONMENTAL MANAGEMENT UNLESS --ALL OF THEAPPLICABLE ITEMS LISTED
BELOW ARE INCLUDED WITH THE SUBMITTAL
REQUIRED ITEMS:
This completed application
Processing fee of $100.00 (Checks to be made payable to DENR)
If an ownership change, legal documentation of the transfer of ownership (such as a contract,
deed, articles or incorporation)
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT
PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF
OWNERSHIP. FOR NAME CHANGE ONLY, COMPLETE AND SIGN THE
APPLICANT'S CERTIFICATION.
Current Permittee's Certification:
L.A. Smith, Vice President -Legal
I, Home Depot U . S.A. , Inc . , attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed and that if all required supporting information and attachments are not
included, this application package will be returned as incomplete
Home Dep t U.S.A., Inc.,
Signature: �� Date:�l��'flD
Applicant's Certification:
H.E. Miller, III, Member/Manager
I, Smith Creek Station, L. L . C. , attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed and that if all required supporting information and attachments are
not included, this application package will be returned as incomplete
Signature: J�1AMtQ� Date: -3��r��
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION
AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Telephone: [phone]
Fax: [phone]

A&K #971 12
POND MAINTENANCE REQUIREMENTS
Project Name: Smith Creek Station
Responsible Party: Smith Creek Station, L.L.C.
Project Number: SW8970105
Phone Number: 910-256-2613
Address: P.O. Box 2046 Wilmington, NC 28402
1. Inspect monthly, or after every runoff -producing rainfall event, whichever comes first
A. Remove debris from the trash rack.
Check and clear the orifice of any obstructions. If a pump is used as the drawdown mechanism, check
for pump operation.
C. Check the pond side slopes; remove trash, repair eroded areas before the next rainfall event.
D. If the pond is operated with a vegetated filter, check the filter for sediment accumulation, erosion and
proper operation of the flow spreader mechanism. Repair as necessary.
IL Quarterly
A. Inspect the collection system (i.e., catch basin, piping, grassed swales) for proper functioning. Clear
accumulated trash from basin grates and basin bottoms, and check piping for obstructions.
B. Check pond inlet pipes for undercutting, replace riprap, and repair broken pipes.
C. Reseed grassed swales, including the vegetated filter if applicable, twice a year as necessary. Repair
eroded areas immediately.
111. Every 6 months
A. Remove accumulated sediment from the bottom of the outlet structure.
B. Check the pond depth at various points in the pond. If depth is reduced to 75% of original design depth,
sediment will be removed to at least original design depth, * feet.
*Pond 1 7.5 feet
Pond 2 7.5 feet

POND MAINTENANCE REQUIREMENTS CONTINUED
PAGE 2
IV. General
A. Mow the side slopes, not including normally submerged vegetated shelf, according to the season.
Maximum grass height will be 6".
B. Cattails, and other indigenous wetland plants, are encouraged along the pond perimeter; however, they
must be removed when they cover the entire surface area of the pond.
C. The orifice is designed to draw down the pond in 2-5 days. If drawdown is not accomplished in that
time, the system may be clogged. The source of the clogging must be found and eliminated.
D. All components of the detention pond system must be kept in good working order.
V. Special Requirements.
I, Ei. E. Miller, III, Member/Manager
, hereby acknowledge that I am the financially responsible party for maintenance of this detention pond. 1
will perform the maintenance as outlined above, as part of the Certification of Compliance with Stormwater Regulations
received for this oroiect.
Signature:
0
Date: 313l1 S
1, r , a Notary Public for the State of hmT J '4-
County of do hereby certify that / N �rnli X "IT a
personally appeared before me this day of _22 , , / , 19 GJ , and
acknowledge the duce execution of the foregoing instrument,
/f� / o �_l A a le 0 b
Witness my hand and official seal,
My Commission Expires:
\\"' OpEEC/j
pRY z
PV0
O

I
0

Andrew & Kuske
CONSULTING ENGINEERS, INC,
John R. Andrew, P.E.
J.A. Kuske, P.E.
J. Phillip Norris, P.E.
902 Market St. a Wilmington, North Carolina 28401-4733 a Telephone [phone] a Fax [phone]
March 30, 1998
INC DENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Attn: Ms. Linda Lewis, Environmental Engineer
Re: Stormwater Project No. SW8 970105
Smith Creek Station
New Hanover County
A&K Project No. 97112
Dear Ms. Lewis:
Enclosed are the Division of Water Quality permit name/ownership change
application, pond maintenance agreement, and a $100.00 check for the
processing fee. Please note that we are requesting that the State stormwater
permit be reissued to Smith Creek Station, L.L.C.
Please review this information for approval and contact us with any questions or
comments you may have. Thank you for your assistance on this project.
Sincerely,
ANDREW & KUSKE
CONSULTING ENGINEERS, INC.
1k,4 - - -; L -
John A. Kuske, III
Project Engineer
JAKIII/sbs
enclosures
cc: H.E. Miller, III/Smith Creek Station, L.L.C.
Victor Rizzuto/Miller Building Corp.
97112SWL

Stormwater Management Systems
Permit No SW8 970105
MAY 2 6 1998
TO: NC DENR/Division of Environmental
Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Smith Creek Station High Densituy Commercial Stormwater Project
Stormwater Permit No. SW8 970105
New Hanover County
A&K Project No. 97112
Engineer's Certification
1, J. Phillip Norris , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, ne) the construction of the project,
Smith Creek Station High Density Commercial Stormwater Project (Project)
for Home Depot U.S.A., Inc. (Project Owner) hereby state that, to the best of my abilities, due
care and diligence were used in the observation of the project construction such that the construction was observed
to be built within substantial compliance and intent of the approved plans and specifications.
Noted deviations from approved plans and specifications:
o� c'.�y9
SEAL '
11966 t
ration N 11966
Zo
cc: David B. Mayes/City of Wilmington Engineering Department
Bill Oswell/Greenberg Farrow
H.E. Miller, III/Smith Creek Station, L.L.C.
-_- & 8ll dmM7A o' �0�O
CONSULTING ENGINEERS, INC.
902 Market Street Wilmington, NC 29401.4733

John R. Andrew, P.E.
Andrew & Kuske J.A. Kuske, P.E.
CONSULTING ENGINEERS, INC. J. Phillip Norris, P.E.
902 Market St. a Wilmington, North Carolina 28401-4733 a Telephone [phone] • Fax [phone]
August 26, 1997
Ms. Linda Lewis, Environmental Engineer
NC DEHNR/Wilmington Regional Office V :i— I -
Div. of Water Quality/Water Quality Section AUL27 g]
127 Cardinal Drive Extension
Wilmington, NC 28405-3845 BY.
Re: Smith Creek Station - Home Depot
New Hanover County
Modification to State Stormwater Permit No. SW8 970105
A&K Project No. 97112
Dear Ms. Lewis:
Enclosed are two sets of revised plans for the subject project. As we discussed,
detention pond no. 1 and no. 2 will no longer discharge into the off -site stormwater
ditch. The detention ponds will now discharge into a large piped outfall system that
crosses future development tract no. 1 and then down the NC DOT right-of-way to the
existing 54" culverts under Market Street. As a result of this modification, detention
pond no. 1 had to be rotated 1800. Please note that the original pond calculations have
not changed as a result of this modification.
Please review this information for approval and contact us with any questions or
comments you may have. Thank you for your assistance on this project.
Sincerely,
ANDREW & KUSKE
CONSULTING ENGINEERS, INC.
1.1/—�
J hn A. Kuske, III
Project Engineer
JAKI I I/sbs
enclosures
cc: Bill Oswell/Greenberg Farrow
97112SWL

e�
s<x�a�
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Wayne McDevitt
Governor Water Quality Section Secretary
September 25, 1997
Mr. L.A. Smith, Vice President, Legal
Home Depot, USA, Inc.
2455 Paces Ferry Road
Atlanta, GA 30339
Subject: Revised Plans for
Smith Creek Station
Stormwater Project No. SW8 970105
New Hanover County
Dear Mr. Smith:
The Wilmington Regional Office acknowledges receipt of the revised plans for Smith Creek Station
on August 27, 1997. The revision consists of the rerouting of the pond outlet structure overflows to a
collector pipe that is directed to existing 54" pipes under Market Street. Previously, these overflows were
directed into an existing ditch.
The revision 4 plans dated August 13, 1997, and approved by the Division on September 25, 1997,
are hereby considered the approved plans. The plans approved on March 11, 1997 are hereby superceeded
and considered void. All terms and conditions of the permit issued on June 11, 1997 continue in full force
and effect.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\LETTERS\970105.SEP
cc: Bradley Bennett
John Kuske, III
Linda Lewis
Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

ANDREW & KUSKE
CONSULTING ENGINEERS, INC.
902 Market Street
Wilmington, NC 28401-4733
ST®RMWATER
John R. Andrew, P.E.
DECEIVE D J.A. Kuske, P.E.
JUN 041997 D J. Phillip Norris, P.E.
910-343-9653 / FAX [phone]
� �YI Ylc��u�t�wu�i�•.r
To:
NC
_
Date_
Job No.
7
Subject:
v/.cow/ E
/ .< <ST1777o
itii
�� cxil�C Co.
d✓ �-7/T CiY�G
WE ARE SENDING YOU
VIA
FAX TRANSMITTAL: NUMBER OF PAGES
❑ ATTACHED
❑ U DER SEPARATE COVER
INCLUDING THIS TRANSMITTAL
❑ SHOP DRAWINGS QePRINTS ❑ TRACINGS
❑ SPECIFICATIONS
DISKS ❑ COPY OF LETTER
�zooc�c�rr�ry✓j____��,�,
��vT�
Call 910-343-9653 if you have any difficulty
v
_
receiving this mesage.
COPIES
DATE
NO.
DESCRIPTION
�v i
may✓ �
F
/T
❑ AS REQUESTED
❑ FOR REVIEW AND COMMENT FOR APPROVAL47
❑ FOR YOUR USE
❑ FORBIDS DUE
❑ YOUR PRINTS LOANED TO US
REMARKS:
SIGNED
CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged nd confidential, intended for the sole use of the
addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any
c.=_saminauon, distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately
nz;:!v the sender and return to the address above.

SCHEDULE B
Managers of the Company
Henry E. Miller, III
Lat W. Purser, III
The undersigned do hereby consent to the election and appointment
as Managers of the Company. Date effective the 8 day of h� 1997.
-5y.