SW8970719_HISTORICAL FILE_20030911

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 (�1 011 c�
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
1U_o� C) q 1
YYYYMMDD

WATF Michael F. Easley, Governor
�Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
` Division of Water Quality
s Coleen H. Sullins, Deputy Director
Division of Water Quality
September 11, 2003
Mr. Henry Bennett, Vice President
Jerry McLamb Construction Co., Inc.
240 Hickman Road
Calabash, NC 28467
Subject: Permit No. SW8 970719 Modification
Jerry McLamb Commercial Subdivision
High Density Subdivision Stormwater Project
Brunswick County
Dear Mr. Bennett:
The Wilmington Regional Office received a complete modification to the Stormwater
Management Permit Application for Jerry McLamb Commercial Subdivision on
September 2, 2003. Staff review of the plans and specifications has determined that
the project, as proposed, will comply with the Stormwater Regulations set forth in Title
15A NCAC 2H.1000. We are forwarding Permit No. SW8 970719 Modification, dated
September 11, 2003, for the construction of the project,. Jerry McLamb Commercial
Subdivision.
This permit shall be effective from the date of issuance until September 3, 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 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Linda Lewis, or me at (99110) 395-3900.
Sincerely,
Rick Shiver
f Water Quality Regional Supervisor
RSS/:arl S:\WQS\STORMWAT\PERMIT\970719.sep03
cc: Phil Norris, P.E.
Town of Shallotte Building Inspections
Delaney Aycock, Brunswick County Building Inspections
Linda Lewis
Wilmington Regional Office, Central Files
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer service `*A
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCDENrR

State Stormwater Management Systems
Permit No. SW8 970719 Modification
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as arriended,.and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Henry Bennett, Jerry McLamb Construction Co., Inc.
Jerry McLamb Commercial Subdivision
Brunswick County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until September 3, 2007, and
shall be subject to the following specified conditions and limitations:
1. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
This stormwater system has been approved for the management of stormwater
runoff as described on page 3 of this permit, the Project Data Sheet. The
subdivision is permitted for 4 lots, each allowed a maximum amount of built -upon
area as follows: Tract 1A @198 366 ft2; Tract 1 B @103,972 ft2 (Holiday Inn
Express); Tract 1C @151,378 ft� (Thee Furniture Warehouse); and Tract 1D
@151,793 ft2.
Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
2

State Stormwater Management Systems
Permit No. SW8 970719 Modification
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name: Jerry McLamb Commercial Subdivision
Permit Number: SW8 970719 Modification
Location:
Brunswick County
Applicant:
Mr. Henry Bennett, Vice President
Mailing Address:
Jerry McLamb Construction Co., Inc.
240 Hickman Road
Calabash, NC 28467
Application Date:
August 8, 1997
Modified September 2, 2003
Name of Receiving Stream / Index #:
UT Mulberry Branch / 15-25-2-7
Classification of Water Body:
"C Sw"
Design Storm:
1 inch
Pond Depth, feet:
7.5
Permanent Pool Elevation, FMSL:
29.00
Drainage Area, acres: 16.50
Total Impervious Surfaces, ft2: 646,866
Tract 1A ft2: 198,366
Tract 1 B ft2: 103,972
Tract 1 C ft2: 151,378
Tract 1D ft2: 151,793
Roads/Parking, ft2: 41,357
Other, ft2: N/A
Offsite Area entering Pond, ft2: none, per Engineer
Provided Surface Area, ft2: 25,055
Provided Storage Volume, ft3: 56,947
Temporary Storage Elevation, FMSL: 31.10
Controlling Orifice: 1 3.5" cp pipe
3

State Stormwater Management Systems
Permit No. SWS 970719 Modification
II. SCHEDULE OF COMPLIANCE
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality, and responsibility for
meeting the built -upon area limit is transferred to the individual property owner.
3. If an Architectural Review Committee (ARC) is required to review plans for
compliance with the BUA limit, the plans reviewed must include sidewalks and
driveways. Any approvals given by the ARC do not relieve the homeowner of the
responsibility to maintain compliance with the permitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to 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. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
The Director may determine that other revisions to the project should require a
modification to the permit.
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.
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.
During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
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.
rd

State Stormwater Management Systems
Permit No. SW8 970719 Modification
10. 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, catch
basins and piping.
q. Access to the outlet structure must be available at all times.
11. Records of maintenance activities must be kept and made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
12. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 970719 Modification,
as issued by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
The maximum built -upon area per lot is Tract 1A @198,366 ft2; Tract I
@103,972 ft2; Tract 1C @151,378 ft2; and Tract 1D @151,793 ft2. This
allotted amount includes any built -upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front
lot line and the edge of the pavement. Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina
and parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that naturally drain
into the system are not required to provide these measures.
5

State Stormwater Management Systems
Permit No. SW8 970719 Modification
13. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must bear the signature of the Permittee, the deed book number and page,
and stamp/signature of the Register of Deeds.
14. Decorative spray fountains will not be allowed in the stormwater treatment
system.
15. 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.
16. Prior to transfer of the permit, the pond must be inspected by DWQ personnel,
and determined to be in compliance with all permit conditions. Any items not in
compliance must be repaired or replaced to design condition prior to the transfer.
Records of maintenance activities performed to date will be required.
17. 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.
18. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
19. 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.
III. GENERAL CONDITIONS
1. This permit is not transferable except after notice to and approval by the Director.
In the event there is a desire for the facilities to change ownership, or there is a
name change of the Permittee, a "Name/Ownership Change Form" must be
submitted to the Division of Water Quality accompanied by appropriate
documentation from the parties involved, including as may be required, but not
limited to, a deed of trust, recorded deed restrictions, Designer's Certification and
a signed Operation and Maintenance plan. The project must be in good standing
with DWQ. The approval of this request will be considered on its merits and may
or may not be approved. The permittee is responsible for compliance with all
permit conditions until such time as the transfer is 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.
M

State Stormwater Management Systems
Permit No. SW8 970719 Modification
5. 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.
6. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
7. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
8. 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.
Permit issued this the 11th day of September, 2003.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
4-c/
yi rvDivisa� vion v. �of�nWateQ
i au �u cowl
tr uality
By Authority of the Environmental Management Commission
Permit Number SW8 970719 Modification

ARK #n9nsa
OFFI E USE ONLY
Date R ceived
i Fee Paid
Permit Number
Onto
d
I
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICA"rION FORM
This form may he photocopied for use as ern original
1. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Jerry McLamb Construction Co., Inc.
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Bennett, Vice President
3. Mailing Address for person listed in item 2 above:
240 Hickman Road
City: Calabash, State: NC Zip: 28467
Telephone Number: [phone]
4. Project Name (subdivision, facility, or establishment name — should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
McLamb Commercial Subdivision
5. Location of Project (street address):
US 17
Shallotte
6. Directions to project (from nearest major intersection):
Located off Mulberry Street approximately 1 mile north of intersection of NC 130 and US 17
7. Latitude: 330 59' 03"
Longitude: 780 23' 43"
of project
8. Contact person who can answer questions about the project:
Name: Henry Bennett Telephone Number: [phone]
11. PERMIT INFORMATION
Specify whether project is (check one):
Form SWU-101 Version 3.99
New
Page 1 of 4
Renewal X Modification

1; .
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
Existing permit number SW8 970719 And its issue date (if known) Sept. 3, 1997
3. Specify the type of project (check one):
Low Density x High Density Redevelop General Permit
4. Additional Project Requirements (check applicable blanks):N/A
CAMA Major Sedimentation/Erosion Control 404/401 Permit
Other
NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
111. PROJECT INFORMATION
In the space provided below, summarize how stonmwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Existing Retention pond.
2. Stonmwater runoff from this project drains to the Cape Fear River Basin.
3. 'Total Project Area: 16.50 acres
5. How many drainage areas does the project have? 1
4. Project Built Upon Area: 90 %
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basidlm1ormati6n
Draina-e Ai it I =`
Drainage Ares 2
Receiving Stream Name
1QT. Mulberry Branch
Receiving Stream Class
C Swamp
Drainage Area
16.50 AC
Existing Impervious * Area
Proposed Impervious* Area
14.85 AC
% Impervious* Area (total)
90%
Impervious*,S,urfaee Area,,
Drainage Areal, ,
Drainage Area 2
On -site Buildings *'
On -site Streets
41,357 SF or 0.9494 AC
On -site Parking **
On -site Sidewalks **
Other on -site
605,509 SF or 13.90 AC
Off -site
** To be shown on individual permits
for outparcels
Total: 646,866SF or 14.85AC
Total:
Impervious area is deJtned as the built upon area including, but not limited to, buildings, roads, parking areas
side imlks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

How was the off -site impervious area listed above derived? N/A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size and the allowable built -upon area for each lot must be provided as an
attachment.
I. The following covenants are intended to ensure ongoing compliance with state slormwater management permit
number as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent o/the State.
2. No more than * square feel ofany lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include
wood decking or the water surface ofswinuning pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Buill-upon area in excess of the permitted amount requires a state stornnvater management permit modification
prior to construction.
5. All permitted runoffftom outparcels or future development shall be directed into the permitted slornarvaler control
system. These caaneciions to the stm,nnvater conlrol system shall be performed ira a rna7ner that maintains the
integrity and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence fiont the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stornnvater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for
the status and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
*See attached table
Form SWU-101 Version 3.99
Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable supplement form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment / management
• Two copies of plans and specifications, including:
- Development / Project name
- Engineer and firm
- Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property / project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGLNT AUTF-IORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
J. Phillip Norris, P.e.
Designated agent (individual or firm): Andrew & Kuske Consulting Engineers, Inc.
Mailing Address: 902 Market Street
City: Wil
Phone: [phone]
VIII. APPLICANT'S CERTIFICATION
State: NC Zip: 28401
Fax: [phone]
I, (print or type name of person listed in General Information, item 2) Henry Bennett
Certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions and
protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC
2H.1000.
Signature:
Form SWU-101 Version 3.99 Page 4 of 4
Date: 4 -1— 0az

Brunswick County —Register of Deeds
Robert J. Robinson
Inst #172449 Book 1807Page 837
08/18/2003 01:18:08pn Rec# C-0a1 DE
DECLARATION OF RESTRICTIVE COVENANTS
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
THIS DECLARATION OF RESTRICTIVE COVENANTS made and
Ifi-
entered into this the ,' 3 day of August, 2003, by JERRY McLAMB
CONSTRUCTION COMPANY, INC., a North Carolina Corporation,
hereinafter referred to as "Declarant";
WITNESSETH:
WHEREAS, Declarant is the developer and owner of that property located
in the Town of Shallotte, Lockwood Folly Township, Brunswick County, North
Carolina, known generally as the Jerry McLamb Commercial Subdivision as will
more fully appear by reference to a survey plat thereof entitled "Plat of Survey and
Topo for Robert Jerry McLamb", prepared by Thomas W. Morgan, RLS, and duly
recorded in Map Cabinet 18 at Page 388 in the office of the Register of Deeds for
Brunswick County, North Carolina;
WHEREAS, Declarant's Storm Water Management Permit for said project
contains the requirement that deed restrictions be executed by Declarant for the
purposes of establishing the allocation of impervious surface allowed within the
respective parcels of the subdivision and it is the intention and purpose of this
declaration to comply with said requirement:
NOW, THEREFORE IN CONSIDERATION OF THE PREMISES,
Declarant has declared and adopted and by these presents does hereby declare and
adopt the following restrictive covenants and conditions governing the property
which shall appurtenant to and shall run with the titles of the properties contained
within the subdivision through the chain of title:
1. The total area of impervious surface allowed within the subdivision by
parcel is: Parcel Impervious Surface Allowed
IA 198,366 square feet
1 B 103,972 square feet
I 151,378 square feet
1D 151,793 square feet

Roadways 41,357 square feet
Total 646,866 square feet
2. The covenants pertaining to storm water regulations may not be changed
or deleted without concurrence of the State of North Carolina.
3. Alteration of piping of the drainage as shown on the approved plan filed
with the North Carolina State Department of Environment and Natural Resources
may not take place without the concurrence of the State.
4. Each lot or parcel in the subdivision is required to direct the runoff from
all proposed built upon surfaces into the collection system and ultimately into the
detention pond.
These restrictive covenants and conditions shall be appurtenant to and shall
run with the titles of the parcels hereinabove described and shall be binding upon
the owners of said parcels and their lawful successors in title.
IN WITNESS WHEREOF, Declarant has executed the Declaration through
its duly authorized officer by authority of its Board of Directors, the day and year
first above written.
JERRY McLAMB CONSTRUCTION COMPANY, INC.
By: (SEAL)
HENR D. BENNETT, Vice President
NORTH CAROLINA, Brunswick County.
SEAL - STAMP, a Notary Public of the County and State aforesaid, certify
that HENRY D. BENNETT, personally appeared before me this day and
acknowledged that he is the Vice President of Jerry McLamb Construction
Company, Inc., a North Carolina Corporation, and that by authority duly
given and as the act of such entity, he signed the foregoing instrument in its
name on its behalf as its act and deed. Witness my hand and official stamp
or seal, thi,�, „ *- day �1c us r 2003.
p1CM �tsynission expires: tt 10 163
�� Notary' Public
•, hV2. . COUP,
Prepared by: BAXLEY AND TREST, Attorneys at Law

DOUGLAS W. BAXLEY*
BOARD CERTIFIED SPECIALIST
IN REAL PROPERTY LAW:
RESIDENTIAL TRANSACTIONS
BAXLEY AND TREST
114 CHEERS STREET
POST OFFICE BOX 36
SHALLOTTE, NORTH CAROLINA 28459
TELEPHONE [phone]
FAX [phone]
E-mail: [e-mail]
August 27, 2003
Henry D. Bennett, Vice President
Jerry McLamb Construction Company, Inc.
240 Hickman Road
Calabash, NC 28467
Ms. Linda Lewis
N.C. Division of `eater Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Alan C. Lewis, Vice President
East Coast Engineering Company, P.A.
P. O. Box 2869
Shallotte, NC 28459
J. Phillip Norris; P.E.
Andrew & Kuske Consulting Engineers, Inc:
902 Market Street
Wilmington, NC 28401
Dear Addressees:
SEP 0 2 2003
TONIA TREST TWIGG
ASSOCIATE
..NORTH CAROLINA CERTIFIED MEDIATOR
Enclosed is a copy of a Declaration of Restrictive Covenants filed on 18 August
2003 in Book 1807 at Page 837, Brunswick County Registry, for the purpose of satisfying
the regulations of the State of North Carolina Department of Environment and Natural
Resources. The original of this document is being returned by this mailing to Mr. Henry
D. Bennett, Vice President of Jerry McLamb Construction Company, Inc.
If I can be of further assistance, please contact me. With kindest regards.
Yours very truly,
Dougla . Baxley
Atto ey: t Law,
RDT/nl
enclosures:stated

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BAXLEY AND TREST, Attorneys at Law
Calabash, NC
Phone: [phone]
Fax: [phone]
Douglas W. Haxley Roy D. Trest
FAX TRANSMITTAL LETTER
Date: August 14, 2003
PERSONAL TO: Ms. Linda Lewis
Fax Number: 350-2004
FROM: Douglas W. Baxley
Re : Please see attached. Thank you.
FAX OPERATOR: Nancy Lee
You will receive _ 4 pages INCLUDING THIS COVER SHEET. Tf
you do not receive all pages, please call me as soon as
possible at the number above.
'I'hc information contained in Chia facsimile is attorney -privileged and
confidential information intended only for the use of the individual entity
named an recipie«t. if the reader is not the intended recipient., be hereby
notified that any dissemination, distribution or copy of this communication is
Strictly prohibited. if you receive this communication in error, pleaeo
notify us immediately by telephone and return the original message to us at
Lhe address at the top of this page by the U.S. Postal Service. Thank you!
1

04111, ' 00 23 : 06
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DOUGLAS W. BAXLEY'
ROARD CLV 1I1 ILO SPECIAI 151
IN REAI PnOPCn1T LAW.
HLiIULNTIAL TRANSA(-TIONG
VIA FAX
350-2004
BAXLEY AND TREST
irf(_�ARi,Ii( al �ara
114 CHEERS STREET
POST OFFICE BOX 36
SHAI.I.OTTE, NORTH CAROLINA 28469
Ms. Linda Lewis
N. C. Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Dear Ms. Lewis:
TELEPHONE [phone]
FAX [phone]
E-mail: 6adeyue3t®ahnllmte. not
August 14, 2003
ROY D. TREST"
TONIA TREST TWIGG
A550CtATE
'. NON(H CAROLINA CERTIFIED MEDIATOR
Please review the attached proposed Declaration of Restrictive Covenants
executed by Mr. Henry D. Bennett for content.
If you find this to be acceptable, please call me at 754-71 15 or on my cell phone
612-5128 and I will get it recorded immediately.
Thank you for your assistance and with kindest regards,
Yours very truly,
BAXLEY and TREST
DW B/nl
enclosures:stated

P. 1
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615 MEMORY TX
* COMMUNICATION RESULT REPORT ( AUG. 7.2003 4:36PM ) * * *
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REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr„ Secretary
FAX COVER SHEET
Date: o—�d3 No. Of Pages: 2
To: From: ew i5
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FAX #: TO754.- 9z?Z FAX#: [phone]
REMARKS: ReZe reccrbi Cob, (oc g 6d
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3945 Tclophune [phone] Fax [phone]
An Equal Opportunity AMrmutive Action Employer

.y. State of North Carolina
Department of Environment and Natural Resources
.. l
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: a --� a3
To: r C�
CO:
FAX #: 9/0-75¢-9z?2
REMARKS:
No. Of Pages: 2
From: Li 2 LIS
CO: OYVQ
FAX#: [phone]
5f
s 6 L) , (oc g 601
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

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Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mr. Henry Bennett, Vice President
Jerry McLamb Construction Co., Inc.
240 Hickman Road
Calabash, NC 28467
Dear Mr. Bennett:
Alan W. Klimek. P.E., Director
Division of Water Quality
Wilmington Regional Office
March 7, 2003
Subject: DEED RESTRICTIONS
.Terry McLamb Commercial Subdivision
Stormwater Project No. SW8 970719
Brunswick County
The Division of Water Quality received the requested amendment to the deed restrictions
where the built -upon area has been reallocated due to the further subdivision of Lot 1 C into Lots
I and 1D. Section 11.6 of the permit issued to you on September 3, 1997, also required the
recordation of 3 other statements in addition to the built -upon area restrictions. Enclosed is a
copy of the specific page from the permit with all the statements. Please record 6b, Sc and 6d,
and send in a copy of the recorded document.
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\970719.M.AR03
cc: Phil Norris, P.E.
Linda Lewis
9A
NCDECt
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

State Stormwater Management S\ stems.
Permit No X 270719
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.
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.
Records of maintenance activities must be kept and made available upon request to authorized personnel
of DWQ. The records will indicate the date, activity, name of person performing the work and what
actions were taken.
6. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to
the amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must
follow the form:
a. "The maximum built -upon area per lot is 95.47 % of the lot area, inclusive of that portion of the
right-of-way between the lot line and the edge of pavement, structures, pavement, walkways of
brick, stone, or slate, but not including open wood decking."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the State."
C. "Alteration of of piping of the drainage as shown on the approved plan may not take place without
the concurrence of the State."
d. "Each lot in the submidivison is required to direct the runoff from all proposed built -upon surfaces
into the collection system, and ultimately, into the detention pond."
7. 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.
8. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of
recording the plat. The recorded copy must be signed by the Permittee, dated, stamped with the deed book
number and page, and bear the stamp/signature of the Register of Deeds.

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 29, 2003
CERTIFIED MAIL 7003 0500 0000 8804 3563
RETURN RECEIPT REQUESTED
Mr. Henry Bennett, Vice President
Jerry McLamb Construction Co., Inc.
240 Hickman Road
Calabash, NC 28467
Subject: NOTICE OF RECOMMENDATION
FOR ENFORCEMENT
Jerry McLamb Commercial Subdivision
Stormwater Permit No. SW8 970719
Brunswick County
Dear Mr. Bennett:
This letter is to notify you that the Wilmington Regional Office of the Division of
Water Quality is considering sending a recommendation for enforcement action to the
Director of the Division of Water Quality. The recommendation concerns the violation of
North Carolina General Statute NCGS 143-215.6A(2), failing to act in accordance with
the terms, conditions, or requirements of a permit required under NCGS 143-215.1. You
have failed to record approved deed restrictions; you have modified the project without
a permit, and you have failed to maintain the facility in accordance with the approved
operation and maintenance plan.
On May 8, 2003, you were notified via certified mail, that the project was in
violation of the original stormwater management permit for, among other things, failing
to record the approved deed restrictions for the property. To date, a copy of the
recorded restrictions has not been received, and a permit modification has not been
issued for the resubdivision of the property.
If you have an explanation for this violation that you wish to present, please
respond in writing to me within ten (10) days following receipt of this Notice. Your
explanation will be reviewed and forwarded to the Director with the enforcement
package for consideration.
MN. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service —aS N
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NC1)&r1a

Mr. Bennett
July 29, 2003
Stormwater permit No. SW8 970719
a
By copy of this letter to the Building Inspector, this Office is requesting that the
Building Inspector consider withholding building permits and Certificates of Occupancy
for the remaining lots in this project, Lots 1A and 1 D, until this matter is satisfactorily
resolved. If you have any questions concerning this matter, please contact Linda Lewis
at [phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS\arl: S:\WQS\STORMWAT\ENFLETR\970719.ju103
cc:
Town of Shallotte Building Inspections
Bob Sledge
.. .
1-.
J

Summary of Events:
January 22, 2002 The Division received an application for the development of
Lot 1 C (Thee Furniture Warehouse) of the previously permitted subdivision.
However, the lot had been subdivided and a new Lot 1 D had been created from
the leftover Lot 1 C.
January 23, 2002 A modification to the 970719 permit was requested.
April 9, 2002 The modification was received
June 14, 2002 Additional information was requested
November 27, 2002 No response was received, so the Division requested that
action be taken or the application would be returned.
December 3, 2002 The recorded deed restrictions are submitted, but they are
incomplete and contain errors.
December 6, 2002 The Division requests that the errors be corrected and the
missing statements be added.
February 26, 2002 The deed restrictions are submitted, again missing required
statements.
March 7, 2003 The Division requests that the missing statements be added.
May 7, 2003 A compliance inspection is conducted and the pond is found in
violation.
May 8, 2003 A Notice of Violation is issued for failing to maintain the pond, and
failing to record the approved deed restrictions for the property.
June 18, 2003 The engineer sends a letter indicating that the restrictions
are being prepared by Doug Baxley in Shallotte.
July 29, 2003 To date, a copy of the recorded restrictions has not been
received, and a permit modification has not been issued for the resubdivision of
the property.

_— Andrew & Kuske
CONSULTING ENGINEERS, INC.
_ 902 Market Street Wilmington, NC 28401-4733
910/343-9653 910/343-9604 fax
www.andrewandkuske,com
June 17, 2003
Mr. Rick Shiver
NC DENR
Division of Water Quality / Water Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: Jerry McLamb Commercial Subdivision
Stormwater Permit No. SW8 970719
Brunswick County
Notice of Violation
A & K Project No. 02059
Dear Mr. Shiver:
John P. Andrew, P.E. J. Phillip Norris, P.E.
John S. Tunstall, P.E. Neal W. Andrew, P.E.
John A. Kuske, III, P.E. J.A. Kuske, P.E. of Counsel
James T. Py M r: E. /'�f"f_C"{Da fence Sneeden, Jr., P.E.
"iAN 18 2003
LLILUTU
We have been asked to respond to your letter of May 8, 2003 as follows:
1. The owner has indicated to us that the maintenance items have been completed.
2. Mr. Doug Baxley, a Shallotte attorney, is working on completing the deed -
restrictions. Some confusion on impervious areas on the outparcels has slowed
this process. These deed restrictions should be recorded in the next few weeks.
Please contact us if you have any questions or comments. Thank you for your
assistance on this project.
Sincerely,
ANDREW & KUSKE
CCIDNSULTMG-EKINEERS, INC.
J.
P.E.
02059 06-17-03-state sw-response-Itr
cc: Henry Bennett/ Jerry McLamb Construction Co., Inc.

A TF9
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
May 8, 2003
CERTIFIED MAIL #7002 2410 0006 9367 9235
RETURN RECEIPT REQUESTED
Mr. Henry Bennett, Vice President
Jerry McLamb Construction Co., Inc.
240 Hickman Road
Calabash, NC 28467
Subject: NOTICE OF VIOLATION
Jerry McLamb Commercial Subdivision
Stormwater Permit No. SW8 970719
Brunswick County
Dear Mr. Bennett:
On May 7, 2003, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located on Express Drive, near Shallotte in Brunswick
County, North Carolina. The inspection was performed to determine the status of
compliance with Stormwater Permit Number SW8 970719, issued to you on September
3, 1997.
The project has been found in violation of Stormwater Permit Number SW8
970719, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations
found are:
Condition 11.4- The permittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater system
functions at optimum efficiency. At the time of the inspection, the northern
pond slope was severely eroded with deep gullies. Overall, the pond had
very little permanent vegetation. The resulting sediment from the bare
slopes has sloughed into the pond, bringing the pond depth into question.
The outlet structure had a lot of debris piled up on it, including a large
plastic sheet, which could have completely clogged the outlet. Routine
inspections are required by the permit, as is a record book of the
maintenance activities.
Condition 11.6- Deed restrictions must be recorded prior to the sale of any
lot. The required recorded deed restriction statements have not been
provided, per the permit, and as requested on March 7, 2003.
To correct these violations you must:
1. Provide a written "Plan of Action" which outlines the actions you will take
to correct the violations and a time frame for completion of those actions,
on or before June 8, 2003.
s-�n
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service f'_
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCL7EttiR

Mr. Bennett
May 8, 2003
Stormwater Permit No. SW8 970719
2. Confirm the pond's depth and restore to design depth of 7.5' if the average
depth is 5.6' or less; repair the eroded areas of the slopes, and establish
permanent vegetation; clean off the outlet structure and orifice; and
establish a routine maintenance program.
Record and submit the required deed restrictions.
Failure to provide the "Plan of Action" by June 8, 2003, or to correct the violations
by the date designated in the "Plan of Action", are considered violations of 15A NCAC
21-1.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the Brunswick County Building Inspector, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for all tracts within this project until this matter is satisfactorily
resolved.
The pending modification, which adds Tract 1 D, created from Tract 1 C, will be
held pending resolution of these violations.
If you have any questions concerning this matter, please call Linda Lewis at
[phone].
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS:\arl S:\WQS\STORMWAT\NOTICE\970719.may03
cc: Phil Norris, P.E.
Delaney Aycock, Brunswick County Building Inspections
Linda Lewis
Central Office
2

Andrew & Kuske
CONSULTING ENGINEERS, INC.
902 Market Street Wilmington, NC 28401-4733
910/343-9653 910/343-9604 Fax
www.andrewandkuske.com
February 25, 2003
Ms. Linda Lewis
NC DENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
John R. Andrew, P.E.
John S. Tunstall, P.E.
John A. Kuske, III, P.E.
James T. Pyrtle, P.E.
Re: TWarehouse�LL b
Shallotte, NC
A & K Project No. 02059
Dear Ms. Lewis:
J. Phillip Norris, P.E.
Neal W. Andrew, P.E.
J.A. Kuske, P.E. of Counsel
C. Lawrence Sneeden, Jr., P.E.
�FEB 26 2003
��`61✓LTCT��U
S W 5T 97v7/ y
We are enclosing a copy of the deed and an impervious surface allotment table for the
above referenced project. This is in response to a letter dated February 21, 2003 from
David A. Hollis of East Coast Engineering Company, P.A. to you.
If you need any additional information, please feel free to contact us.
Sincerely,
ANDREW & KUSKE
CONSULTING ENGINEERS, INC.
l �wwo a�
J. P ' lip Norris, P.E.
JPN/asn
02059 02-25-03-denr-Itr
cc: David A. Hollis, EIT / East Coast Engineering, P.E. (w/ attachments)

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Andrew & Kuske
CONSULTING ENGINEERS, INC. John P. Andrew, P.E.
902 Market Street Wilmington, INC 28401-4733 John S. Tunstall, P.E.
John A. Kuske, III, P.E.
910/343-9653 910/343-9604 Fax
www.andrewandkuske.com James T. Pyrtle, P.E.
Impervious Surface Allotment Table
Jerry McLamb Commercial Subdivision
A & K Project No. 02059
J. Phillip Norris, P.E.
Neal W. Andrew, P.E.
J.A. Kuske, P.E. of Counsel
C. Lawrence Sneeden, Jr., P.E.
Parcel
Current Use
Impervious Surface
Allowed
1 A
Vacant
198,366 SF
1 B
Holiday Inn Express
103,972 SF
1 C
Thee Furniture Warehouse
151,378 SF
1 D
Vacant
151,793 SF
Roadways
Roadway
41,357 SF
Total:
646,866 SF
JPN/asn
02059 02-25-03-Allotment Table

10/26/2001 Ulf ` lj`l n
$700.00 B grur Yiic k
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Robert 4isLer�nf �
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7�puN° F w ReW Estate inst #92098 y�, QQ3
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STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK NOh"H CAROLINA GENERAL WARRANTY DEED
THIS DEED, made this the 2.411 1,.9y of October, 2001, by and
between JERRY McLAMB CONSTRUCTION (-,?dnA1'1Y, INC., a North Carolina
corporation, party of the first part hereinafter referred to as
Grantor, and DAVID WILLIFORD, of 605 .'ickman Road, Tabor City,
North Carolina, 28463, party of the se ,,)nd part, hereinafter
referred to as Grantee;
W I T N E S S E 1 FI :
THAT the Grantor, for a valuable ccnsideration paid by the
Grantee, the receipt of which is hereby acknowledged, have and by
these presents do grant, bargain, sell a.;3 convey unto the
Grantee, his heirs and assigns, in fee simple, all that certain
lot or parcel of land situated in the Town of Shallotte, Lockwood
Folly Township, Brunswick County, North Carolina, and being more
particularly described as follows:
BEING all of that certain tract or parcel containing
3.640 acres, more or less, as more particularly
described in a survey plat dated 1 October 2001
entitled "Map of Survey for Jerry McLamb Construction
of 3.640 acres +/ prepared by Jan K. Dale, RLS and
recorded in Map Cabinet A5 at Page 80_ 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.
Exception is noted for utility easements of record,
2001 ad valorem property taxes and the right-of-way
for Express Drive as shown on the plat referenced
above and the right-of-way of a 30' utility/maintenanc
easement adjoining the property on the north side
as shown on the plat referenced above.
There is further allocated, assigned and conveyed
herewith a portion of the total impervious surface
allocation allocated to the premises by the North
Carolina Department and Environment and Natural
Resources Division of Water Quality as more fully
set forth and described on the attached Exhibit A
which is incorporated herein by reference.
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TO HAVE AND TO HOLD the aforesaid lot or parcel of land and
all privileges and appurtenances thereunto belonging to the
Grantee in fee simple
AND the Grantor does hereby covenant with Grantee that
Grantor is seized of the premises in fee simple, that it has the
right to convey the same in fee simple, that title is marketable
and free and clear of all encumbrances, and that Grantor will
0o
Baxley and Trest, Attorneys at Law
Without Opinion of Title
TOTAL I iZ�-. REV . TC#.
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REC# CK AMT CK
CASH — - REF .a A BY

Inst H 92098 Book 1513Page: 988
warrant and defend the title against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand
and seal, or if corporate, has caused this instrument to be
signed in its corporate name by its duly authorized officers and
Yts seal to be hereunto affixed by authority of its Board of
cne
J te Seal
day and year first above written.
JERRY McLAMB CONSTRUCTION COMPANY, INC.
By:
es en
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I, a Notary Public of the County and State aforesaid, do
hereby certify that YA n 1 Ep(\e* personally appeared
before me this day and acknowledged that _he is Secretary of
Jerry McLamb Construction Company, Inc., a North Carolina
corporation and that by authority duly given and as the act of
the corporation, the foregoing instrument was signed in its name
by its President, sealed with its corporate seal, and attested by
as its Secretary. �yQ
WITNESS my hand and official seal, this the M Oday of
October, 2001.
NOTARY P BLIC
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of ,JACQUELIHE M REINHAP:DT
JACQ 4,,
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Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 2 6t h Day of October 2001
in the Book and Page shown on the First Page hereof.

j Inst 4 92098 Book 1513page: 989
EXHIBI_T_A
Grantor acknowledges that the State of North Carolina Department
hasof Eassignednda totalaofral 303R171lrces squareifeetoofrviouus
oimpwater
peasurfeace
to Tract 1C as more fully described in [gap Book 18 at Page 388,
Brunswick County Registry. The property herein conveyed is a
portion of Tract 1C. The total acreage of Tract 1C is 7.29
acres. The total acreage herein conveyed is 3.640 acres. The
total sqquare feet of impervious surface allocated by the State to
Tract 1C is 303,171 square.feet. Therefore, Grantor hereby
assigns to Grantee square feet of impervious area for
the property herein conveye of the total allocated area the
amount hereby assigned being arrived at as follows:
3.69
.4 x 100 = 49.93 o x
Grantor hereby specifically
square footage of impervious
151,793 square feet.
303,177. = 151 378 square feet
reserves and retains the remaining
surface assigned to Tract 1C being

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
December 6, 2002
Mr. Henry Bennett, Vice President
Jerry McLamb Construction Co., Inc.
240 Hickman Road
Calabash, NC 28467
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970719 Modification
Jerry McLamb Commercial Subdivision
Brunswick County
Dear Mr. Bennett:
The Wilmington Regional Office received previously requested additional information
regarding the modified Stormwater Management Permit Application for Jerry McLamb
Commercial Subdivision on December 3, 2002. A preliminary review of that information has
determined that the application is not complete. The following information is needed to continue
the stormwater review:
1. Please provide a copy of the recorded deed restrictions for all of the tracts IA, 113,
IC, and ID.
2. The built -upon area (BUA) allotment table submitted with the April, 2002,
application indicates that Tract I is limited to a maximum of 112,247 112 and
that Tract IC (Thee Furniture Warehouse) is limited to 190,924 ft2, but the
submitted deed restrictions indicate that Tract I is limited to either 151,378 ft2 or
151,793 ft2. Please also decide the correct BUA limit for Tract 1C. Since either
151,378 ft2 or 151,793 ft2 has already been recorded, you will need to submit a
revised BUA allotment table for permitting showing this change.
This lengthy permit process has caused Mr. Williford to be in violation because I am not
able to issue his permit until this permit has been correctly modified. There were four simple
items that were requested over eight months ago. I see where the deed restrictions regarding Mr.
Williford's lot were recorded over a year ago. The delays and inconsistencies in permitting this
modification area cause of concern, and will result in enforcement action. Please submit the
requested information in a timely manner.
�MQ
0diff R
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Mr. Bennett
December 6, 2002
Stonmvater Project No. SW8 970719 Modification
Please note that this request for additional information is in response to a preliminary
review. The requested information should be received by this Office prior to January 6, 2003, or
the application will be returned as incomplete. The return of a project will necessitate resubmittal
of all required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for
a time extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information. The
Division is allowed 90 days from the receipt of a completed application to issue the 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.
Please reference the State assigned project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. All original
documents must be returned or new originals must be provided. Copies are not acceptable. If
you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,,
4.
/'-
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\2002\970719.DEC
cc: Linda Lewis
David Williford
Phil Norris, P.E.

Andrew & Kuske
— — CONSULTING ENGINEERS, INC.
John R. Andrew, P.E.
902 Market Street Wilmington, NC 28401-4733
Jahn S. , PE.
John A. Kuuske,ske, III, P.E.
910/343-9653 910/343-9604 Fax
o www.andrewandkuske,com
{. --_- --- James T.
•Pyrtle-RE.
December 2, 2002
r @12/6
Ms. Linda Lewis F=
NC DENR (Trr
Div. of Water QualityM/ater Quality Section
127 Cardinal Drive Extension DE
Wilmington, NC 28405-3845
LBY:_
Re: Jerry McLamb Commercial Subdivision
SW8 970719 Modification
Additional Information
A & K Project No. 02059
Dear Ms. Lewis:
J. Phillip Norris, P.E.
Neal W. Andrew, P.E.
J.A. Kuske, P.E. of Counsel
C. Lawrence Sneeden, Jr., P.E.
2002
We are responding to your comments of June 14, 2002 and November 27, 2002 as
follows:
1. We have added the radius of the cul-de-sac.
2. We have added the previously permitted permanent pool dimensions.
3. We are enclosing the deed restrictions provided to us by Mr. Bennett's attorney
on December 2, 2002.
4. We have shown an access / drainage easement as requested.
We are enclosing two (2) copies of the revised plans for your review and approval. Any
comments related to the deed restrictions should be addressed to the permittee.
Sincerely,
ANDREW & KUSKE
CONSULTING ENGINEERS, INC.
Aii'llip Norns, P.E.
JPN/asn
02059 12-02-02-state sw comment ttr
cc: Henry Bennett

DEC-02-2002 MON 10:22 AM BAXLEY TREST FAX NO. 910 754 9272 P. 01
i;
BAXLEY and TREST, Attorneys at Law
Post Offiee Box 36, Shallotte, NC 28459
114 Cheers Street, Shallotte, NC 28470
Phone: [phone]
Fax. [phone]
Douglas W. Baxley
FAX TRANSMITTAL LETTER
Date: December 2, 2002
PERSONAL TO: Phil Norris@Andrew&Kuske
Fax Number: 343-9604
FROM: Margie D. X10 for Douglas W. Baxley
RE: Copy of Deed for McLamb/Williford.
Thank you
Signed: r -
Margie DiPietropaolo, Secretary
Roy D. Trest
RECEIVED
DEC 0 3 2002
DWQ
PROJ#66L)0 '7o7/ /
5Lv? 01110e (Thee Frnihiie)
You will receive pages INCLUDING THIS COVER SHEET. If you do not receive
all pages, please call me as soon as possible at the number above.
The information contained in this facsimile is attornev-privileged and confidential information intended
only for the use of the individual entity named as recipient. If the reader is not the intended recipient, be
hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited.
If you receive this communication in error, please notify us immediately by telephone and return the
original message to us at the address at the top of this page by the U.S. Postal Service. Thank you!

DEC-02-2002 MON 10:22 AM BAXLEY TREST
• FRQ1 : BRL�icK coLIJTY ROD
FAX N0, 910 754 9272
FAX N7. : 910 2S7 2703 Dec, 02 2002 11:21AM P1
P. 02
10/26/2001
¢100,00' E
RoLle�ine�istez of nee
4 A Real
Wu lnst R92099
10/26/2Q01 Book
01:14:32EmLd9e 987
87ATE or NORTH CAROLINA $g 3
COUNTY OF BRUN5WICK NORTH CAROLINA GENERAL, pARRANTy DEED
THIS DEBD, made this the 24th day of October, 2001, by and
between apaRy MCLAkgg CONSTRUCTION COMPANY, INC., a North Carolina
corporation, party of the first part, hereinafter referred to as
Grantor, and DAVID W1"rVk aD, of SOS Hickman Road, Tabor city,
North Carolina, 28463, party of the second part, hereinafter
referred to ea Grantee,
W I T N E 6 8 E T H t
THAT the Grantor, for a valuable consideration paid by the
Grantee, the receipt of which ie hereby acknowledged, have and by
theme presents do grant, bargain, sell and convey unto the
Grantee, his heirs and assigns, in fee simple, all chat certain
lot or parcel of land situated in the Town of shallotte, Lockwood
Polly Township, Brunswick county, North Carolina, and being more
particularly described an follows:
BEING all of that certain tract or parcel containing
3.640 acres, more or less, as more particularly
described in a survey plat dated 1 October 2001
entitled 'Map of survey for Jerry McL&mb Construction
of 3.640 acres +/-k pre by Jan K. ale, R18 and
recorded is Map Cabinee at Page K.
in the
Office of the Register o needs for Brunswick County,
North Carolina, to which plat reference is made and
which is incorporated herein for greater certainty of
description of said property, rf
Exception is noted for utility easements of record,
2001 ad valorem property taxes and the right-of-way
for Rxpreas nrive as shown on the plat referenced
above and the right-of-way of a 30, utility/maintenanc
easement adjoining the property on the north side
as shown on the plat referenced above.
There is further allocated, assigned and conveyed
herewith a portion of the total impervious surface
Allocation allocated to the promises by the North
Carolina Department and RnoironttKnt and Natural
Resources Division of water Quality ae more fully
Set forth and described on the attached Exhibit A °a
Which iA incorporated herein by reference. 3
TO HAVE AND TO HOLD tho aforesaid lot or parcel of 3" and
all privileges and appurtananaes thereunto belonging to the
Grantee is fee Simple.
AND the Grantor does hereby covenant with Grantee that
Grantor is seized of thu promises in fee simple, that it has the
right to convey the same in tee aimple, that title is marketable
and free and clear of all encumbrances, and that Grantor will
yy. u
Propared Baxley and Trost, Attorneys at Law
tsX SEey v� Without Opinion of Title
TOTAL R

DEC-02-2002 MON 10:22 AM BAXLEY TREST FAX NO, 910 754 9272
' FROM BRINSWIOC OU.NTY ROD
FAX No. : 910 253 2703 Dec. 02 2002 11:22FiM P2
lost 1 92098 Pock iwrage: 988
warrant and defend the title against rho lawful claims of all persons whomsoever,
IN WITS WIMRRO6, the Grantor has hereunto set his hand
and .seal, or if corporate, has caused thin instrument to be
Y,.7' in its corporate name by its duly authorized officers and
"seal to;be hereunto affixed b
y authority of its aeard of
(lay and year first above written.
J� Ica �.....,. n,. •• ; �
r y 2 ►` ye *.,5 N! JERRY NCLAMB CONSTRUCTION COMP
ANY, INC.
• ,`�.. ke seal
SPAT$ OF NORTH CAROLINA
COUNTY OP PRONswICK
I, a Notary Public of the County and State aforesaid, do
hereby certify that personally appeared
before me this day and at that —he ie secretary of
Jerry MaLamb construction Company, Inc „ a North Carolina
corporation and that by authority duly given and an the act of
the corporation, the foregoing instrument was signed in its name
by its President, sealed with its corporate seal, and attested by
as its secretary, �.�,
WITNESS MY hand and official coal, this the -Aq4� ay of
October, tool.
NOTARY LIC
MY Commission Fzpirse: � e
111ta�,Q pa/m,p4
g C.
6TAM OP NORTH CAROLINA
COUNTYOFSRUNSWICK Nya� N.C.
1LaForcgcJaY(orapnoccdjCc:tifkate(s)oC �ACUUELINE M AEINFV,Ri•T �N:nnu.a��
P, 03
t'Iem2 Po — i (aro) Cen,Y:eE m ba Correct.

-w Lw Wman[ n&4tr ftlgndau on ibis 2 6th Day f October
in the 110a and pxp Awn on 6 1,64 Page 2001
of

DEC-02-2002 MON 10:23 AM BAXLEY TREST
FROM : 13RUNSUICK coLt4Ty ROD
FAX NO. 910 754 9272 P. 04
FAX N0. : 910 253 2793 Dec. 02 2e02 11:22AM P3
'list 0 92098
Grantor acknowled es
Of finvironment that the state of N
has assigned a and Natural Resources Divi ioncar
Bo TraOf
ct 1C as Mrs fu11303,171 aqU feat of i
Portion nOfCO t' Registry described in Mapp Book
acres, Trotallacrea a total Property =eTra�t
total squT�he t
Tract 1C ise3feet of i herein conveyed ie
03 17 ervivus surface elloc$te1 tneigna to dranEeel square feet. Th@@refore, Oran
propertyy herein sf4utre feet of impel
amount hexe6y assigned being or total allocat
Book 151'a9e; 989
Lna Department
,ter Qual..ty
;rvious surface
at Page 388,
veyed is a
is 7.29
acres. The
r herebyate to
ous area for
�4 ed at as follows7 area the
7�g x 100 4—g�3 x 303,171 share feet
a�rt1are footage o eiifically zeeerveq and retains the
11-1 93 square feet , surface assigned to Tract IC

" State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date:
To: PHIL- QD 215
CO:
FAX
REMARKS: Phi l — 111ee� 2 r
w se has ;@Iso
Of+I 1'5 inform2h'ay
fnr qr+0--I9.
No. Of Pages: 3
From: LINDA LCWIS
CO:
FAX#: [phone]
se ASAP, Thee Fvrni
ssu-doce.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
'I An Equal opportunity Affirmative Action Employer

P. 1
* * COMMUNICATION RESULT REPORT ( NOV.27.2002 12:12PM ) * * *
TTI NCDENR WIRO
FILE MODE OPTION ADDRESS (GROUP) RESULT PAGE
-------------------------------------- -------------------------------------------
012 MEMORY TX 9-3439604 OK, P. 3/3
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State Of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, ovemor William G, Ross Jr„ Secretary
FAX COVER SHEET
Date: No. Of Pages: 3
To: PRIL WIZE15 From: Lim (J4 (.CINIS
CO: CO:
FAX #: 3 3-q FAX#:[phone]
REMARKS: p i l— S h keeld iaj re s se f�,4P. 1 m Fu-n � h)rQ
W W & -Se. has QJSo beal h to t-ece(.
of --h('s m 2h. a isso-o4klCe
I
127 Cardinal Dave Extension, Wilmington, N.C. 28405-394S Telephone (910) 3%,3900 Fox [phone]
An Equol Opportunity AfOrmalire Action Employer

' * COMMUNICATION RESULT REPORT ( OCT.21.2002 1:18PM l
P. 1
FILE MODE
--------------
191 MEM IRY TX
OPTION
PEAS,A] FCP EPPOP.
E-1) HANG UP OP. LINE FAIL
E ) 1,10 ANSWER.
HDDRESS (GROUP)
S-9102874472
E-22) BUSY
E-4) NO FACSIMILE CONNECTION
1 State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F, Easley;
Date:
To:
CO:
FAX
REMARKS:
William G. Ross Jr„ Secretary
FAX COVER SHEET
No. Of Pages: Z
.,✓ From:mow /�;✓•.�ar!
FAX#: [phone]
127 Cardinal Drive Extenslan, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Oppartuntry AMrmative Actloa Employer
WIP,O
PACE
P. 3/3

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor
Date: o L ai
CO:
FAX
REMARKS
William G. Ross Jr., Secretary
FAX COVER SHEET
No. Of Pages: ,Z
CO: ,t% n £.✓'e-
FAX#: [phone]
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek P.E., Director
Division of Water Quality
Wilmington Regional Office
June 14. 2002
Mr. Henry Bennett, Vice President
Jerry McLamb Construction Co., Inc.
240 Hickman Road
Calabash, NC 28467
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 970719 Modification
Jerry McLamb Commercial Subdivision
Brunswick County
Dear Mr. Bennett:
The Wilmington Regional Office received a modification to the Stormwater Management
Permit for the Jerry McLamb Commercial Subdivision on April 9, 2002. A preliminary review of
that information has determined that the application is not complete. The following information is
needed to continue the stormwater review:
1. Please add either the cul-de-sac radius or a cul-de-sac detail on the plans.
2. Please add the previously permitted permanent pool dimensions to the plans.
3. Please provide a copy of the recorded deed restrictions.
4. Please provide an access/drainage easement to the nearest public right-of-way for the
pond. The access easement to Highway 17 is not usable for access since there is a
fence along Highway 17. Please record an easement to the entrance road cul-de-sac.
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to July 14, 2002, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal of all
required items, including the application fee.
If you need additional time to submit the information, please mail or fax your request for a
time extension to the Division at the address and fax number at the bottom of this letter. The request
must indicate the date by which you expect to submit the required information. The Division is
allowed 90 days from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation ofNCGS 143-215.1 and is subject to
enforcement action pursuant to NCGS 143-215.6A.
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone]
AWWA
NCDENR
Customer service
800-623-7748

Mr. Bennett
June 14, 2002
Stormwater Project No. SW8 970719 Modification
Please reference the State assigned project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. All original
documents must be returned or new originals must be provided. Copies are not acceptable. if
you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
'�c 4"
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\2002\970719.JUN
cc: Linda Lewis
Phil Norris, P.E.

Jy�
✓J
John R. Andrew, P.E. John S. Tunstall; P.E.
J.A. Kuske, P.E. Neal W. Andrew, P.E.
Andrew & Kuske
CONSULTING ENGINEERS, INC. J. Phillip Norris, P.E. John A. Kuske, III, P.E.
902 Market St. • Wilmington, North Carolina 28401-4733 • Telephone [phone] • Fax [phone] • www.andrewandkuske.com
April 5, 2002
Ms. Linda Lewis, Environmental Engineer
NC DENR Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: State Stormwater Permit Submittal
Jerry McLamb Commercial Subdivision
Brunswick County, NC
A & K Project No. 02059
Dear Ms. Lewis:
APR 0 2002
In response to your letter of January 23, 2002, please find enclosed two sets of
plans for the subject project, the original Division of Water Quality Stormwater
Management Permit application, one copy of the stormwater narrative, a
$420.00 check for the processing fee and a copy of the original Engineer's
Certification.
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
INULTI GINEERS, INCllip rris, P.E.
02059 04-05-02-s-sw-nr
Enclosures
cc: Henry Bennett

STORMWATER SYSTEM NARRATIVE
JERRY MCLAMB COMMERCIAL SUBDIVISION
BRUNSWICK COUNTY, NORTH CAROLINA
For
Jerry McLamb Construction Co., Inc.
240 Hickman Road
Calabash, NC 28467
[phone]
L,ECEIVED
APR 0 9 2002
DWQ
April 5, 2002 PROD #
Prepared by:
ANDREW & KUSKE CONSULTING ENGINEERS, INC.
902 Market Street
Wilmington, North Carolina 28401
[phone]
[phone] — (Fax)
E-mail: [e-mail]
A & K Project No. 02059

NARRATIVE
STORMWATER MANAGEMENT MEASURES:
This project was previously permitted under SW8 970719 on September 3,
1997. It was permitted as a commercial subdivision with a retention pond to meet high -
density standards. This modification is to further subdivide a portion of the site. The
total amount of allowable impervious surface will not change and the retention pond will
not change.
1)

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
January 23, 2002
CERTIFIED MAIL #7001 0320 0003 0382 8010
RETURN RECEIPT REQUESTED
Mr. Henry Bennett, Vice President
Jerry McLamb Construction Company, Inc.
240 Hickman Road
Calabash, NC 28467
Subject: Non -Compliance
Jerry McLamb Commercial Subdivision
Stormwater Project No. SW8 970719
Brunswick County
Dear Mr. Bennett:
The Division reviewed the stormwater management permit application for Thee Furniture Warehouse on
January 22, 2002. The project is part of Tract 1-C ofthe Jerry McLamb Commercial Subdivision and it's runoff will
be treated in the permitted wet detention pond. The recorded deed for the project contains some information that
is a cause for concern. Only 3.64 acres of the 7.29 acre Tract 1-C was purchased by David Williford. The remaining
tract was kept by .terry McLamb Construction, essentially creating a new tract. Per Section I.6 of your permit, you
are required to submit a modification to the permit for any changes to the approved plans, including further
subdivision of the project area.
Please submit a stormwater management permit modification prior to February 23, 2002. Please also submit
the written maintenance records for the wet detention pond, as required by Section II.5 of your permit. The database
indicates that the Designer's Certification was submitted on September 8, 2000, but I am unable to locate my copy.
I would appreciate it if you could please send in another copy for my files. Failure to submit the requested
information by the due date is considered a violation of the permit and NCGS 143-215.6A, and is subject to
enforcement action and penalties.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS\arl: S:\WQS\STORMWAT\STORMSUB\970719.JAN
cc: Phil Norris, P.E.
Linda Lewis
" AR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone]D4 Customer service
800-623-7748

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item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mr. Henr:y Benrreff, VP
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240 HI;fbnah %lac✓
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A. eceived le se Pnnt Cie rl B.
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❑ Adtlressee
D. Is delivery ddress different from item 1?
❑ Yes '
If YES, enter delivery address below:
❑ No
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rvice Type
C2/ab2 N 2�¢�Certified Mail ❑Express Mail
Registered ❑ Return Receipt for Merchandise
Insured Mail ❑ C.O.D.
(Extra Fee) ❑ Yes
2. Article Number ��//' //'',l �f
(transfer from service label) 7//vv��w / 03LO QVV 3 o3 i;,.q OvolQ
o rorm Jo 11, March 2001 Domestic Return Receipt 102595-01-
M-1624

State of North Carolina
1 Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, Governor William G. Ross jr., Secretary
Date: l — / f— 6
CO:
FAX # § 1 7S -
REMARKS
FAX COVER SHEET
No. Of Pages:
From:
CO:
FAX#: 9 ] 0-350-2004
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]UU4
An Equal Opportunity Affirmative Action Employer

y' P. 1
* COMMUNICATIt:rt.4 RESULT REPORT ( SEP.19.2001 4:29PM )
TTI NCDENR WIRO
FILE MODE --- —OPTION— -- -- ADDRESS (GROUP) --- — -- RESULT PAGE
-- —
911 MEMORY TX 89107548049 OK P. 2/2
------------------------------------
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL E-2) BUSY
E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION
State of North Carolina
Department of environment and Natural Resources
Will�iington Regional Office
G;1
Michael F. Easley, Governor ! illiwn G. Ross jr., Secretary
I
FAk ''COVER
Date: 'f'- l f- a t
To: I
CO:
FAX#•� o �y- f4l!
REMARKS:
No. O' Pages: _
Fr(m: 40- .vC
CO:
FA)i
910-350-2004
127 Cnr4mnl (hive r0anslon, Wllminr�an, N.C. 28405-3845 Tcicpht° e (910) 3954900 Ras [phone]
An Fqunl O,�putunky Affirmntive Actlo `'Emp)oyer

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
September 15. 2000
Mr. Henry Bennett, Vice President
Jerry McLamb Construction Company
240 Hickman Road
Calabash, NC 28467
Subject: REQUEST FOR ENGINEER'S CERTIFICATION
Stormwater Project No. 970719
Jerry McLamb Commercial Subdivision
Brunswick County
Dear Mr. Bennett:
On September 3, 1997, the Division of Water Quality issued a Stormwater Management Permit for Jerry
McLamb Commercial Subdivision. Per the terms and conditions of Section II, Part 3 of the permit, and
Stormwater Regulation 15A NCAC 2H.10080), which stipulate the following:
"Upon completion of construction, the designer for the type of Stormwater system installed must
certify that the system was inspected during construction, was constructed in substantial
conformity with plans and specifications approved by the Division and complies with the
requirements of this Section prior to issuance of the certificate of occupancy."
As of this date, our records indicate the required designer's certification has not been received.
Operation of the stormwater system prior to submission of the required certification is a violation of NCAC
2H.10080) in accordance with NCGS 143-215.6. Construction is considered complete at the time the project is
occupied by an owner or tenant for its intended use. Please submit the required certification by October 15,
2000. Failure to submit the certification is considered a violation of the permit, and is subject to enforcement
action, per NCGS 143-215.6A.
If you have any questions concerning this matter, please call me at [phone].
Sincerely,
4
Linda Lewis
Environmental Engineer
RSS/ari: S:\WQS\STORMWAT\PEREQ\970719.SEP
cc: Phil Norris, P.E.
I.J. Skinner
Delaney Aycock, Brunswick County Inspections
Linda Lewis
Central Files
127 Cardinal Ur. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
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