SW8070935_Historical File_20090123

OF WATF
9oG Beverly Eaves Perdue,Governor
y Dee Freeman,Secretary
f_ North Carolina Department of Environment and Natural Resources
4
Coleen H.Sullins,Director
Division of Water Quality
January 23, 2009
Michael Greene
MDI MGT INC
1381 Old Mill Circle
Winston Salem, NC 27114
Subject: Stormwater Permit No. SW8 070935MOD
Two-Eleven Midway
High Density Subdivision Project
Brunswick County
Dear Mr. Greene:
The Wilmington Regional Office received a request to include an additional 78,387 sf of future BUA to the
Two-Eleven Midway project stormwater permit SW8070935MOD. This additional area was included
under the original stormwater permit and the stormwater treatment system was designed to include this
BUA.
The deletion of the area occurred when the site layout was modified. The new/current site layout reduces
the overall BUA by 78,387 from the original permitted BUA of 1,216,200 sf. This reduction was reflected
in the current stormwater permit SW8070935MOD issued on December 5, 2008 making the current
permitted site BUA 1,137,813.
Though the permit application reflected a reduction in BUA it was the intent permittee to reserve the
78,387 sf for future use. Our office is updating the permit and database to include the requested
additional BUA for future use.
Enclosed is page 3 of 9 of the stormwater permit reflecting the changes in overall site BUA and reserving
78,387 sf of BUA for future use as requested. Please replace page 3 of 9 of the stormwater permit
SW8070935MOD with the enclosed updated page 3 of 9.
Note that all limitations, expiration dates and all other stormwater requirements contained in permit
SW8070935MOD are unchanged and are still applicable. If you have any questions, or need additional
information concerning this matter, please contact Chris Baker, or me at(910)796-7215.
Sin rely,
Georgette Scott r
Stormwater Supervisor
Division of Water Quality
GS/csb:S:IWQSISTORMWATERILETTERS120091070935MOD.jan09
cc: Robin Austin, P.E., Withers and Ravenei
Brunswick County Inspections
Brunswick County Engineering
Wilmington Regional Office
Central Files _A
Mailing Address Phone[phone] Raleigh Location i,,�II�e Carolina
127 Cardinal Drive Extension Fax [phone] 512 N.Salisbury St. ;VLttA(,rg11P,
Wilmington,NC 28405 Raleigh,NC 27604
Internet: www.ncwaterqualit,.org Customer Service 1-877-623 6748
An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper

State Stormwater Management Systems
Permit No. SW8 070935MOD
7. The following design elements have been permitted for this wetlands detention
stormwater facility, and must be provided in the system at all times.
a. Drainage Area, acres: 39.47
Onsite, ft2: 1,719,313
Offsite, ft2: None
b. Total Impervious Surfaces, ft2: 1,216,200
Buildings, ft2: 86,800
Streets, ft2: 235,000
Parking, ft2: 120,000
Sidewalks ft2: 37,300
Other onsite ft2: 2,700
Outparcel #1, ft2: 58,610
Outparcel #2, ft2: 50,145
Outparcel #3, ft2: 64,330
Outparcel #4, ft2: 91,349
Outparcel #5, ft2: 62,123
Outparcel #6, ft2: 48,703
Outparcel #7, ft2: 50,397
Outparcel #8, ft2: 106,797
Outparcel #9, ft2: 80,000
BEMC, ft2: 43,560
Future, ft2: 78,387
c. Deep Pool Depth @ PP, feet: 3
d. TSS removal efficiency: 85 %
e. Design Storm: 1
f. Permanent Pool Elevation, FMSL: 39.0
g. Permitted Surface Area @PP ft2: 126,325
h. Permitted Storage Volume, ftj: 111,399
i. Storage Elevation, FMSL: 39.75
j. Controlling Weir: 18" Wide X 9" High
k. Permanent Pool Volume, ft3: 110,156
I. Forebay Volume, ft3: 28,397
m. Receiving Stream / River Basin: River Swamp / Lumber
n. Stream Index Number: 15-25-1-6
o. Classification of Water Body: "C; Sw"
II. SCHEDULE OF COMPLIANCE
1. 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.
2. The permittee is responsible for verifying that the proposed built-upon area for
the entire lot does not exceed the maximum allowed by this permit. 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 Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built-upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
Page 3 of 9

State Stormwater Management Systems
Permit No. SW8 070935MOD
Two- Eleven Midway Page 1 of 2
Stormwater Permit No. SW8 070935MOD
Brunswick County �7
Designers Certification
I, -w PE k Ro fsE(J S , as a duly registered a-ovC.r v6-6 2 in
the State of North Carolina,.having been authorized to observe (period ically/weekly/fuil
time) the construction of the project,
Two -C- c.c- veV A x A w 4 w4-6 SW9 0 7 o 2 3 57110Y)
(project)
for Mom M-qNA 6G-/1C�u; INe- (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was 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.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
!✓G rcgN d.s Pt q,vYr-v 149vG ► vc v Dec-4Ycn vAlrxL. SV CY 1 r-"G'
qs TWC 14Y1D20G0&xc CAPRc=-JY C9N syss�ta 7'flc-;M. P2o�OS�l�
STdRM W4tVk SY.STVA ro R s0ofPrN6 6C"M 2 )uoi xwr)41.L(0,
SEAL
Signatur
Registration Number 03 Z q 40
Date 11- D LI- O ti $
EAL
0329M
GIN��4
n
DECF2 2 2009
BY:
Page 8 of 9

State Stormwater Management Systems
Permit No. SW8 070935MOD
'Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage. s c'r A t,�v r4rtr,v New.
/2. The drainage area to the system contains no more than the permitted
amount of built-upon area. -
3. All the built-upon area associated with the project is graded such that the
runoff drains to the system. No 13vte-7- UAV V
✓4. All roof drains are located such that the runoff is directed into the system. Cscc 3)
✓ 5. The outletibypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
_L,J_7. Trash rack is provided on the outlet/bypass,structure.
✓ 8. All slopes are grassed with permanent vegetation.
✓ 9. Vegetated slopes are no steeper than 3:1.
✓ 10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or.volume have been
provided.
✓ 12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Brunswick County Building Inspections
DEC 2 2 2009
BY:
Page 9 of 9

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WILMINGTON,NC 28401 insbmntIhatcarmatber pMmdorcapied.
STATE OF NORTH CAROLINA
DECLARATION OF RESTRICTIVE
COVENANTS
COUNTY OF BRUNSWICK
THIS DECLARATION (the "Declaration") dated as of January 7, 2010 is made and
entered into by and between MDI MANAGEMENT, INC., a North Carolina corporation
and BRUNSWICK ELECTRIC MEMBERSHIP CORPORATION, a North Carolina
electric cooperative("BEMC").
WITNESSETH:
WHEREAS, MDI is the owner of that certain real property described in Exhibit
attached("Parcel r);and
WHEREAS, MDI has conveyed to BEMC certain real property described in Exhibit B.
attached ("Parcel II"), as more specifically evidenced by that North Carolina Warranty Deed
dated January 6, 2010 and recorded January 7, 2010 in Book 3009 at Page 1092 of the
Brunswick County Registry;and
1
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WHEREAS, in consideration of the conveyance by MDI to BEMC and the payment
therefor by BEMC .and as a result of restrictions required by the North Carolina Division of
Water Quality pursuant to Stormwater Permit No. SW8 070935MOD, MDI and BEMC have
agreed to subject eacin of Parcel I and Marcel II to certain restrictions regarding the use and
occupancy of each as hereinafter set forth.
NOW, THEREFORE, in consideration of the recitals, the mutual grants and covenants
contained herein,and other good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
1. Stormwater Management Covenants. The following covenants are intended to
ensure ongoing compliance with North Carolina State Stormwater Management Permit Number
SW8 070935MOD(the"Stormwater Management Permit")as issued by the North Carolina
Division of Water Quality(the"Division of Water Quality")under Title 15 NCAC 2H.1000 and
the following shall be applicable to each of Parcel I and Parcel 1I as set forth below:
a. The State of North Carolina is made a beneficiary of this Declaration to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
b. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
c. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the Division of Water Quality.
d. Alteration of the drainage as shown on the approved plan may not take
place without the concurrence of the Division of Water Quality.
e. The maximum built-upon area for Parcel I and Parcel II is as follows:
i. ParceI I: 80,000 square feet.
ii. Parcel II: 43,560 square feet
This allotted amount includes any built-upon area constructed within any
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.
£ Lots within the North Carolina Division of Coastal Manager("CAMA")
Area of Environmental Concern shay be subject to a reduction in their
allowable built-upon area due to CAMA regulations.
2
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03-23-2010
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Brunswick County,
g. The runoff from all built-upon area within the outparcels or future
development areas must be directed into the permitted stormwater control
system.
h. Built-upon area in excess of the permitted amount will require a permit
modification.
i. The connection from the outparcel's collection system into the stormwatex
control shall be made such that short-circuiting of the system does not
occur.
2. Future Development:Amendment to Declaration. MDI owns property adjacent to
Parcels I and II which is also subject to the Stormwater Management Permit. It is anticipated
that additional outparcels(1-8) as described in the Stormwater Management Permit will be
created and conveyed to third parties as part of an overall development plan. Prior to the
conveyance of any such outparcels, MDI shall hereafter prepare, execute and record one or more
amendments to this Declaration(each, an"Amendment")which shall establish maximum built-
upon areas as required under the Stormwater Management Permit. Provided such Amendment
does not impact any of the provisions with respect to Parcel II,the parties hereto agree that
BEMC shall not be a necessary party to any such Amendment and that MDI(or its successor or
assigns)may execute and record any such Amendment unilaterally,provided the same complies
with the terms of the Stormwater Management Permit or is otherwise authorized by the Division
of Water Quality.For those outparcels or future development areas whose ownership is not
retained by MDI,the new owner shall submit a separate Offiite Stormwater Management Permit
application to the Division of Water Quality and receive a permit prior to any construction on the
lot.
3. Termination. Unless otherwise canceled or terminated,this Declaration and all
the easements,rights and obligations created hereby shall continue until the Owners of Parcel I
and Parcel Il or their successors in title or assigns agree in writing to terminate this Declaration,
and, as required herein, approval of the Division of Water Quality is obtained.
4. Covenants to Run With Land. The reservations and covenants contained in this
Declaration are not personal,but are appurtenant to and shall run with the land benefited thereby
and will be binding upon and inure to.the benefit of the parties hereto and their successors in
interest and assigns.
5. Governing Law, Severability. The laws of the State of North Carolina shall
govern the interpretation, validity,performance and enforcement of this Declaration. If any
provision of this Declaration shall be held to be invalid or unenforceable,the validity and
enforceability of the remaining provisions hereof shall not be affected thereby.
3
\10913279.2

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IN WITNESS WHEREOF,the parties hereto have executed this Declaration under seal,
by authority duly given, as of the date set forth next to each party's signature.
MDI MANAOFNM,47, 1NC.:
By: /� 4 (SEAL)
Name:
Title: Ngd
Attest:
6
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ecretary J
STATE OF NORTH CAROLINA
COUNTY OF &ZGu M
I, 2laae 4e, a Notary Public for the County and State aforesaid,
c t kat personally came before me this day and acknowledged that he is
MDI M2 agement, Inc., a North Carolina corporation, and that he, being
authorized to do so, executed the foregoing on behalf of said corporation.
WITNESS my hand and official stamp or seal,this f4Wday of YWA4.Z 2010.
Public
Print Name: 1�4ie &4,e9Z.A
My Commission Expires: Z O•T-r&
(NOTARIAL SEAL OR STAMP)
u t, 'MCA
RTyG
Notary Public
Caldwell County
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Deeds
page 5
Brunw klIY. ea1
BRUNSWICK ELECTRIC MEMBERSHIP
CORPORATION:
ain
By (SEAL}
��,'4��,;i„s••.;Fl -;iw.R Name:_Hubert K Britt
Title: President
y•C. V40i • .r•,
b
Attest:
Name: Calvin l}un an
Title: Secretary
STATE OF NORTH CAROLINA
COUNTS OF BRUNSWICK
I, Jean Z. King ,a Notary Public for the County and State aforesa4
certify that Hubert K. Brittnally came before me this day and acknowledged that he is
President of Brunswick Electric Membership Corporation, a North Carolina electric
cooperative, and that he/she,being authorized to do so, executed the foregoing on behalf of said
corporation.
WITNESS my hand and official stamp or seal,this 19th day of March 2010.
Q&W q�kL-'
No bl'
Print Name: jann z King
My Commission Expires: attk 13�201!
(NOTARIAL SEAL OR STAMP)
J!NMRY
N c KING
PUSLIC
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maomtj.i wth Cardiria
wft E.xpiras march 1%241l
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PaOe of 7
EXHIBIT A
to
Declaration of Restrictive Covenants between
MDI Management,Inc., a North Carolina Corporation
and
Brunswick Electric Membership Corporation,
a North Carolina electric cooperative
Description of Parcel I'
ALL THAT certain piece or parcel of land known commonly as"NEW TRACT 2"
containing 2.292 t AC. as shown on that certain subdivision plat dated April 1, 2009 entitled
`TWO ELEVEN—MIDWAY,NEW TRACTS 1,2, &3 LOCKWOOD FOLLY TOWNSHIP,
BRUNSWICK COUNTY,NORTH CAROLINA, RECOMBINATION PLAT"prepared by
Withers &Ravenel and recorded December 18,2009 in Map Book 63 at Page 38 in the Clerk's
Office of the Office of Register of Deeds for the County of Brunswick,North Carolina(the
"Plat").
_ in.the Stormwater ManagementOutpsrc,e19.
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page 7 of 7
EXHIBIT B
to
Declaration of Restrictive Covenants between
MDI Management,Inc., a North Carolina Corporation
and
Brunswick Electric Membership Corporation,
a North Carolina electric cooperative
Description of Parcel II
ALL THAT certain piece or parcel of land known commonly as`STEW TRACT 1"
containing 2.423 t AC. as shown on that certain subdivision plat dated April 1,2009 entitled
"TWO ELEVEN—MIDWAY,NEW TRACTS 1,2, &3 LOCKWOOD FOLLY TOWNSHIP,
BRUNSWICK COUNTY,NORTH CAROLINA, RECOMBINATION PLAT"prepared by
Withers&Ravenel and recorded December 18,2009 in Map Book 63 at Page 38 in the Clerk's
Office of the Office of Register of Deeds for the County of Brunswick,North Carolina(the
"Plat").
'areel:II is described in ilic Management Permit as the BEMC ParceL
B-1
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William G.gass,Jr.,Secretary
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127 Cardinal Drive Extension,Wilmington,NC 28405•(910)796-721.5•An Equal Opportunity Affirmative Action Employer