SW8070935_Historical File_20160630

PAT McCRORY
Governor
DONALD R. VAN DER VAART
a Secretary
Energy,Mineral& TRACY DAVIS
land Resources Director
ENVIRONMENTAL QUALITY
June 30, 2016
Boyd L. George,President
MDI Management,LLC
120 4th Street, SW
Hickory,NC 28602
Subject: Permit Extension,Approved Plan Revision,and Permit Information Update
Two-Eleven Midway
Stormwater Permit No.SW8 070935
Brunswick County
Dear Mr. George:
Permit Extension
On August 5, 2009,the Governor signed Session Law 2009-406. This law impacted any development
approval issued by the former Division of Water Quality under Article 21 of Chapter 143 of the General
Statutes,which was current and valid at any point between January 1,2008, and December 31,2010. The
law extended the effective period of any stormwater permit that was set to expire during this time frame
to three(3)years from its current expiration date. On August 2,2010,the Governor signed Session Law
2010-177,which granted an extra year fora total of four(4)years extension. Accordingly,this permit
shall now be effective from the date of issuance until May 12,2021,which includes all available
extensions.
Plan Revision and Permit Information Update
Effective August 1,2013,the State Stormwater program was transferred from the Division of Water
Quality(DWQ)to the Division of Energy,Mineral and Land Resources(DEMLR). All previous
references to DWQ will remain in older stormwater permits issued prior to August 1,2013 until they are
modified. Please note that this revised permit now references DEMLR as the Division responsible for
issuance of the permit.
On June 3 0,2016,the Wilmington Regional Office received a complete request to revise the-approved
plans for Stormwater Management Permit Number SW8 070935 and a complete Permit Update Form to
update the permittee information on record. The revisions and updated information include:
1. Change the legal name of the corporation from MDI Management,Inc.to MDI Management,
2. Update the point of contact for the corporation.
3. Change the mailing address associated with the corporation.
4. Changes to the site layout and outparcel configuration.
5. The re-allocation of impervious area based on the new site layout and outparcel
configuration.
6. Reducing the future allocation to 15,014 square feet.
7. The modified permit does not impose new or different terms; it merely restates some of the
previous terms to provide you with a better understanding of your obligations under the
permit.
It has been determined that a formal permit modification is not required for the proposed changes.We are
forwarding you an approved copy of the revised plans for your files.Please replace the old approved plan
sheets with the new ones.Please replace the previously issued permit with the revised permit,dated June
3 0-2016, attached.
State of North CaroRna I Environmental.Quality 1 Energy,Mineral and Land Resources
Wlmington Regional Office 1 127 Cardinal Drive Extension I Wilmington.NC 28405
910 7967215

State Stormwater Permit No. SW8 070935 1 'r
Page 2 of 2 ,, `
Please be aware that all terms and conditions of the permit issued on December 5,2008 and corrected
on January 23,2009,remain in full force and effect,including the requirement to revise or amend
the recorded deed restrictions with the updated built-upon area allocations. Please also understand
that the approval of this revision to the approved plans and permit for the subject State Stormwater
project is done on a case-by-case basis. Any other changes to this project must be approved through
this Office prior to construction.The issuance of this plan revision does not preclude the permittee
from complying with all other applicable statutes,rules, regulations or ordinances which may have
jurisdiction over the proposed activity, and obtaining a permit or approval prior to construction.
If you have any questions concerning this matter,please do not hesitate to call Christine Hall at(910)
796-7215.
Sincerely,
A;Tracy Davis,P.E.,Director
Division of Energy,Mineral and Land Resources
GDS\cash: \\\Stormwater\Permits&Projects\2007\070935 HD\2016 06 permit_pr 070935
cc: Dan Miller,Withers Ravenel
Brunswick County Building Inspections
Wilmington Regional Office
State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405
910 796 7215

State Stormwater Management Systems
Permit Number SW8 070935
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
MDI Management, LLC
Two- Eleven Midway
Intersection of NC HKIY 211 and Midway Road SE, Oak Island, Brunswick County
FOR THE
construction, operation and maintenance of a constructed wetland detention system 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 Energy,
Mineral and Land Resources (hereafter referred to as the Division or DEMLR) and
considered a part of this permit.
This permit shall be effective from the date of issuance until May 12, 2021 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This development is permitted for 14 outparcels, each limited to a maximum amount of
built-upon area as indicated in Section 11.16 (f) of this permit.
3. This stormwater system has been approved for the management of stormwater runoff
as described in Section 1.7 of this permit. The runoff from all built-upon area within the
permitted drainage area of this project must be directed into the permitted stormwater
control measure. The stormwater control measure has been designed to handle the
runoff from 1,216,200 square feet of impervious area.
4. The drainage areas will be limited to the amounts of built-upon area indicated in
Sections 1.3 and 1.7 of this permit, and per approved plans. The built-upon area for the
future development is limited to 15,014 square feet.
5. This constructed wetland must be operated with a 30' vegetated filter.
Page 1 of 8

State Stormwater Management Systems
Permit Number SW8 070935
6. Each parcel or future development area within the subdivision whose ownership is not
retained by the permittee, must submit a separate Offsite Stormwater Management
Permit application package to the Division and receive a permit prior to any
construction on the lot.
7. The following design elements have been permitted for this constructed wetland
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: 94,148
Streets / Parking, ft2: 351,574
Sidewalks ft2: 27,043
Outparcel #1, ft2: 39,548
Outparcel #2A, ft2: 28,474
Outparcel #213, ft2: 39,548
Outparcel #3, ft2: 59,717
Outparcel #4, ft2: 79,492
Outparcel #5A, ft2: 23,280
Outparcel #513, ft2: 50,226
Outparcel #6, ft2: 55,367
Outparcel #7, ft2: 57,345
Outparcel #8A, ft2: 45,084
Outparcel #8B, ft2: 67,232
Outparcel #9A, ft2: 35,593
Outparcel #90, i`i'- 114i3
BEMC, ft2: 96,102
Future, ft2: 15,014
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, ft3: 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 shall review all !ot plans for ^ov: construction and any subsequent
modifications and additions, for compliance with the conditions of this permit. The
permittee shall not approve any lot plans where the maximum allowed built-upon area
has been exceeded, or where revisions to the grading or to the storm drainage system
are proposed unless and until a permit modification has been approved by the
Division.
Page 2 of 8

State Stormwater Management Systems
Permit Number SW8 070935
3. The permittee is responsible for the routine monitoring of the project for compliance
with the built-upon area limits, grading, and the storm drainage system established by
this permit, the permit documents, the approved plans, and the recorded deed
restrictions. The permittee shall notify any lot owner that is found to be in
noncompliance with the conditions of this permit in writing, and shall require timely
resolution.
4. 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.
5. The stormwater management system shall be constructed in its entirety, vegetated
and operational for its intended use prior to the construction of any built-upon surface.
6. 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. Redesign or addition to the approved amount of built-upon area or drainage
area.
C. Further subdivision, acquisition, or sale of all or part of the project area. The
project area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval or a CAMA Major permit was
sought.
d. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
e. The construction of any future BUA listed on the application.
7. The Director may determine that other revisions to the project should require a
modification to the permit.
8. 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.
9. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
10. 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.
11. 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.
12. The permittee shall at all times provide the operation and maintenance necessary to
assure that all components of the permitted stormwater system function at design
condition. The approved Operation and Maintenance Agreement is incorporated by
reference into this permit and must be followed in its entirety and maintenance must
occur at the scheduled intervals.
Page 3 of 8

State Stormwater Management Systems
Permit Number SW8 070935
13. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
14. This permit shall become void unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other
supporting data.
15. 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 070935, as issued by the
Division of Energy, Mineral and Land Resources 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 Division.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division.
f. The maximum built-upon area for the outparcel(s) or future development areas
shown on the approved plan is as follows:
Description of Area QUA (ftz)
Outparcel 1 39,548
Outparcel 2A 28,474
Outparcel 2B 39,548
Outparcel 3 59,717
Outparcel 4 79,492
Outparcel 5A 23,280
Outparcel 5B 50,226
Outparcel 6 55,367
Outparcel 7 57,345
Outparcel 8A 45,084
Outparcel 8B 67,232
Outparcel 9A 35,593
Outparcel 9B 51,413
BEMC 96,102
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. Lots within CAMA's Area of Environmental Concern may be subiect to a
reduction, in their allowable built-upon area due to CAMA regulations.
h. The runoff from all built-upon area within the outparcels or future development
areas must be directed into the permitted stormwater control system.
i. Built-upon area in excess of the permitted amount will require a permit
modification.
j. The connection from the outparcel's collection system into the stormwater
control shall be made such that short-circuiting of the system does not occur.
Page 4 of 8

State Stormwater Management Systems
Permit Number SW8 070935
k. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the Stormwater Rules is
subject to enforcement procedures as set forth in G.S. 143, Article 21.
I. For those outparcels or future development areas whose ownership is not
retained by the permittee, the new owner shall submit a separate Offsite
Stormwater Management Permit application to the Division and receive a permit
prior to any construction on the lot.
16. 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
contain all of the statements above, the signature of the Permittee, the deed book
number and page, and the stamp/signature of the Register of Deeds.
17. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR
personnel. The facility must 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.
18. 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. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the Stormwater rules is subject to enforcement
procedures as set forth in NCGS 143 Article 21.
2. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed
Name/Ownership Change Form, accompanied by the supporting documentation as
listed on the form, to the Division of Energy, Mineral and Land Resources at least 60
days prior to any one or more of the following events:
a. An ownership change including the sale or conveyance of the project area in
whole or in part, except in the case of an individual lot sale that is made subject
to the recorded deed restrictions;
b. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of Session Law 2011-256,
c. Bankruptcy;
d. Foreclosure, subject to the requirements of Session Law 2013-121,
e. Dissolution of the partnership or corporate entity, subject to NCGS 57D-2-01(e)
and NCGS 57D-6-07;
f. A name change of the current permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
3. The permittee is responsible for compliance with all of the terms and conditions of this
permit until such time as the Director approves the transfer request. Neither the sale
of the project, in whole or in part, nor the conveyance of common area to a third party
constitutes an approved transfer of the stormwater permit.
4. 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.
Page 5 of 8

State Stormwater Management Systems
Permit Number SW8 070935
5. 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.
6. The permit issued shall continue in force and effect until modified, revoked, terminated
or renewed. The permit may be modified, revoked and reissued or terminated for
cause. The filing of a request for a permit modification, revocation and re-issuance or
termination does not stay any permit condition.
7. Permittee grants permission to staff of the DEMLR to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. Approved plans, calculations, supplement forms, operation and maintenance
agreements and specifications for this project are incorporated by reference and are
enforceable parts of the permit. A copy of the approved plans and specifications shall
be maintained on file by the Permittee at all times.
9. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules and regulations contained in Session Law 2006-246, Title
15A NCAC 2H.1000, and NCGS 143-215.1 et.al.
10. The permittee shall submit a permit renewal application request at least 180 days prior
to the expiration date of this permit. The renewal request must include the appropriate
application, documentation and the processing fee.
Permit revised and re-issued this the 30th day of June 2016
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-,47racyy Da , P.E., Directbr
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 070935
Page 6 of 8

State Stormwater Management Systems
Permit Number SW8 070935
Two- Eleven Midway Page 1 of 2
Stormwater Permit No. SW8 070935
Brunswick County
Designer's Certification
I, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/weekly/full time) the
construction of the project,
(Project)
for (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:
SEAL
Signature
Registration Number
Date
Page 7 of 8

r State Stormwater Management Systems
Permit Number SW8 070935
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
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.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
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 itted 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: NCDEQ-DEMLR Regional Office
Brunswick County Building Inspections
Page 8 of 8

Master Permit No. SW8 070935
Lot#from Drains to Offsite Permit No. Date Issued Offsite Project Name Allocated Proposed
Master Permit Pond# BUA BUA
1 39,548
2A 28,474
2B 39,548
3 59,717
4 79,492
5A 23,280
56 50,226
6 55,367
7 57,345
8A 45,084
8B 67,232
9A 35,593
9B 51,413
BEMC 96,102
S:\WQS\Stormwater\Permits & Projects\2007\070935 HD\2016 06 master table 070935

DEMLR USE ONLY
Date Received Fee Paid ex res only) Permit Number
5/1I A -_5-F ? &T 5\4 a7C -55
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number: SW8070935MOD
2. Project Name:Two-Eleven Midway
3. Permit Holder's name(specify the name of the corporation,individual,etc.):
MDT_ MiA,GepiCAi LL C.
4. Print Owner/Signing Official's name and title(pnerson`legally responsible for permit):
,JgPRVJ
Georc
5. Mailing Address for person listed in item 2 above:
(Z© A-" gMee-I r s,w .
City: Ct'«yopy State: N co Zi
p.-?gGp2
Phone: ( f�11$) 7 a -�r2S" 4"_f Fax: ( S�) l ZS• "+4Zl-5
Email: (mN. QU*dN1 a E'R><- wLb •col y'
II. PLAN REVISION INFORMATION E C E I V E
1. Summarize the plan revision proposed(attach additional pages if needed):
Revise outparcel acreages and re-allocate BUA to each outparcel. R MAY 16 2016
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy,Mineral and
Land Resources(DEMLR). A complete package includes all of the items listed below. The complete
application package should be submitted to the DEMLR Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original&I copy of the Plan Revision Application Form se n� un�e,r s�nzr z!t c�-,e jr,
• Two(2)copies of revised plans(must be revisions of original approved plan sheet(s)) Se.4f&tAder s@ nar2te Vc'r
If appling for Express review(only available in 20 coastal counties):
• Application fee of$500.00 (made payable to NCDENR) $e d u ndc r 5e r2tv co ur J'
VI. APPLICANT'S CERTIFICATION l
I, (print or type name of person listed in General Information,item 3) M Q L znz en4eI G.
certify that I have authorized these plan revisions and that the information included on is plan revision
application is,to the best of my/knowledge,correct and complete.
Signature- L1 Date:
Plan Revision Form Rev. Oct.31,2013

State Stormwater Management Systems
Permit No. SW8 070935MOD
Two- Eleven Midway Page 1 of 2
Stormwater Permit No. SIN8 070935MOD
Brunswick Countv
Designer's Certification
I Jennifer Diaz,PE , as a duly registered Professional Engineer in
the State of i4u,ai Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
Two-Eleven Midway -Stormwater Wetland
(Project)
for MDI Management LLC (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:
`,,�rillrerrtlir`,I
Signature - •Q' •9
a SEAL 9�
Registration imber 4-44V3 = 034473 =
Date 12. 1 y • ! 2 %y�y y NGINS.O0't-'o
%%PER G.
EGEIVE
DEC 10 2016
BY:
Page 8 of 9

State Stormwater Management Systems
Permit No. SW8 070935MOD
Certification Requirements: Page 2 of 2
JCD 1. The drainage area to the system contains approximately the permitted
acreage.
TCD 2. The drainage area to the system contains no more than the permitted
amount of built-upon area.
_JCD 3. All the built-upon area associated with the project is graded such that the
runoff drains to the system.
JCD 4. All roof drains are located such that the runoff is directed into the system.
JCD 5. The outlet/bypass structure elevations are per the approved plan.
TCD 6. The outlet structure is located per the approved plans.
JCD 7. Trash rack is provided on the outlet/bypass structure.
JCD 8. All slopes are grassed with permanent vegetation.
JCD 9. Vegetated slopes are no steeper than 3:1.
JCD 10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
JCD 11. The permitted amounts of surface area and/or volume have been
provided.
JCD 12. Required drawdown devices are correctly sized per the approved plans.
JCD 13. All required des gn depths are prCttiiCteia.
JCD 14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
JCD 15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Brunswick County Building Inspections
RECEIVE
DEC 19 a01�
BY:
Page 9 of 9

High Density Developments with Outparcels
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management
Regulations, deed restrictions and protective covenants are required for High Density Developments
with Outparcels where outparcel lots will be subdivided from the main tract and sold. Deed restrictions
and protective covenants are necessary to ensure that the development maintains a "built-upon" area
consistent with the design criteria used to size the stormwater control facility.
I, Abel Q?A6W , acknowledge, affirm and agree by my signature below, that I will
cause the following de dd restrictions and covenants to be recorded prior to the sale of any outparcel or
future development area:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8070935MOD. as issued by the Division of Energy, Mineral
and Land Resources under the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Energy, Mineral and Land Resources.
6. The maximum built-upon area for the outparcel(s) shown on the approved plans is as follows:
Outparcel# BUA Outparcel# BUA
See attached Exhibit 1
These allotted amounts include any built-upon area constructed within the property boundaries,
and that portion of the right-of-way between the lot lines 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.
7. The runoff from all built-upon area within the outparcel or future development area must be
directed into the permitted stormwater control system.
8. Built-upon area in excess of the permitted amount will require a permit modification.
9. The connection from the outparcel's collection system into the stormwater control shall be made
such that short-circuiting of the system does not occur.
10. For those outparcels or future development areas whose ownership is not retained by the
permittee, the new owner shall submit a separate offsite stormwater permit application to the
Division of Energy, Mineral and Land Resources and receive a permit prior to construction.
11. The project and each outparcel will maintain a 30**foot wide vegetated buffer between all
impervious areas and surface waters.
**50 foot for projects located in the 20 coastal counties. Es�_--CEIVE
MAY 16 2016
BY:
Form DRPC-2 Rev.2 05Nov2009 Page 1 of 2

High Density Developments with Outparcels
Deed Restrictions & Protective Covenances
Signature: 4y Date:
C' v e , a Notary Public in the
State of e r—��. C.'6 ro 1, , County of u/ I G- ,
do hereby certify that J-04 h O' 6 /N personally appeared
before me this the L-2�7 day off y , 20—/jL, and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
Poo
Signature
111/�rr�
Signature ,a
My Commission expires �' � lY
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A
ECEiVE
MAY 16 20%
BY:
Form DRPC-2 Rev.2 05Nov2009 Page 2 of 2

WithersRavene!
.. Our People.Your Success.
Exhibit 1
6. The maximum built-upon area for the outparcel(s) shown on the approved plans is as
follows:
Outparcel# BUA
Buildings 94,148 ft2
Streets/Parking 351,574ft2
Sidewalks 27,043 ft2
#1 39,548 ft2
#2A 28,474 ft2
#2B 39,548 ft2
#3 59,717 ft2
#4 79,492 ft2
#5A 23,280 ft2
#513 50,226 ft2
#6 55,367 ft2
#7 57,345 ft2
#8A 45,084 ft2
#8B 67,232 ft2
#9A 35,593 ft2
#9B 51,413 ft2
BEMC 96,102 ft2
Future 16014 15,000 ft2
Total:
ECEIVE
MAY 2 0 20 ;
BY:
115 MacKenan Drive 1 Cary,NC 27511
t:919A69.33401 f:919.467.60081 www.withersravenel.com I License No.C-0832
Cary 1 Greensboro I Pittsboro 1 Raleigh 1 Wilmington

M&nRY TRANSMISSION REPORT
TIME :06-30-2016 15:14
FAX NO.1
NAME
FILE NO. 025
DATE 06.30 15:05
TO 919194676008
DOCUMENT PAGES 12
START TIME 06.30 15:09
END TIME 06.30 15:14
PAGES SENT 12
STATUS OK

State of North CaroUma
Department of 19ovirommaental QaaWhy
Wilmington Regional mice
PwMcCroary, Govermor FAX COVER SHEEN' DmwMR vary der VaA SeembUT
Date: &5r &a � No. Pages(excl.cover): /I
To: /ram From: Jo Calmer
Co. /. � �- Phone: [phone]
Fax: 745; �'��� Fax: [phone]
15
127 Cardinal Drive Extension,Wilmington,NC 28405 Q(910)796-7215 o An Equal Opportuirity Affirmative Action Employer

MEMORY TRANSMISSION REPORT
TIME :06-30-2016 15:09
FAX NO.1
NAME
FILE NO. 024
DATE 06.30 15:05
TO : 918287254435
DOCUMENT PAGES 12
START TIME 06.30 15:05
END TIME 06.30 15:09
PAGES SENT 12
STATUS OK

State of North Carolina
IlAepar anent of Envirommental QuaRty
w>aknngtoneonal09ke
PatMcCro yy Govemor FAX COVER SHEET Donald A van der ra s.p Se er } 7
Date: No. Pages(excl.cover): �
To: e— From: Jo Casmer
Co. /����'g� �"f I Phone: [phone]
Fax: 8o?D � � T Fax: Q10)350-2004
le: �o - ��✓� ,..1 /� `cam r�•9 �/
127 Cardinal Drive Extension,Wilmington,NC 28405 0(910)796-7215®An Equal Opport mitt'Aftnative Action Employer

40
r0 WithersRavenel Letter of Transmittal
6/28/2016 +: + 03080678
115 Macl(enan Drive Christine HallCary, North Carolina 27511
t: 919.469.3340 1 f:919.467.6008 211 Midway
TO: Dept.of Environmental Quality
127 Cardinal Drive
Wilmington,NC 28405
WE ARE SENDING YOU AI Attached ❑ Under Separate Cover via
THE FOLLOWING ITEMS ❑ Shop Drawings ❑ Prints ❑x Plans ❑ Samples ❑ Specifications
❑ Copy of Letter ❑ Change Order ❑ Diskette ❑ Other
+ro
2 6/28/16 Grading and Drainage Plan(Sheets C-5.1&C-5.2)
THESE ARE TRANSMITTED as checked beio%A-
❑x For approval ❑Approved as submitted ❑Resubmit copies for approval
❑For your use ❑Approved as noted ❑Submit copies for distribution
❑As requested ❑Returned for corrections ❑Return corrected prints
91 For review and comment ❑Other
❑FOR BIDS DUE ❑PRINTS RETURNED AFTER LOAN TO US
REMARKS:
AN 3
BY:
COPY TO: SIGNED: I tLL ,Q >t4,1
If enclosures are not as Noted,kindly notety

Hall, Christine
From: Miller, Daniel <[e-mail]>
Sent: Monday,June 27, 2016 4:37 PM
To: Hall, Christine
Subject: RE: request for additional info -Twc-E!evcn, Midway, SW8 07935
Attachments: C5.2-Grading and Drainage 06.27.16.pdf
Christine,
I have attached the Grading plans that show the two small areas you had concern with draining to the BMP. Two copies
of the plan sheets will be overnighted to your attention.
Once accepted,we will begin to assemble the necessary paperwork for the off-site supplement for BEMC.
Thanks,
Dan
Dan Miller,PE,PMP
�0 WithersRavenel
.r Our Peopte. Your Su{cess.
I C.rv_xC 2751 1
':iullilC:91 4`.357.6,25
dmille_Q-4ithersravenel.coin
[moon
CONFIDENTIM ITY AND NONDISCLOSURE
From: Hall, Christine [mailto:[e-mail]]
Sent:Tuesday,June 14, 2016 4:35 PM
To: Miller, Daniel <[e-mail]>
Subject: RE: request for additional info Two-Eleven Midway, SW8 07935
Dan,
I just wanted to follow up to confirm that you did get my e-mail and didn't have any questions.
Thanks,
Christine
Christine(Nelson) Hall
Environmental Enaineer
Division of Energy, Mineral and Land Resources—State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
1

Hall, Christine
From: Hall, Christine
Sent: Tuesday,June 14, 2016 4:35 PM
To: 'Miller, Daniel'
Subject: RE: request for additional info -Two-Eleven Midway, SW8 07935
Dan,
I just wanted to follow up to confirm that you did get my e-mail and didn't have any questions.
Thanks,
Christine
Christine(Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources—State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
~'7"^Ni othinti Compares..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosers to third parties.
From: Hall, Christine
Sent:Tuesday,June 07, 2016 9:47 AM
To: 'Miller, Daniel'<[e-mail]>
Subject: RE: request for additional info-Two-Eleven Midway, SW8 07935
Dan,
Thanks for understanding. I have had a chance to look at the grading plans and there appears to be several areas of
impervious surfaces that do not seem to drain to the collection system. The areas I noticed are the pump station
(mainly the access drive) and the end of the access road near outparcel 8A/8B. How are these areas intended to be
directed to the collection system?
Also,as I mentioned in my e-mail yesterday,the total amount of impervious area will need to be the same as previously
permitted. Please update the breakdown in BUA included in the narrative and Exhibit 1 to show 1,216,200 square feet
of impervious area.
Thanks again,
Christine
Christine(Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources—State Stormwater Program
Department of Environmental Quality
1

Hall, Christine
From: Hall, Christine
Sent: Tuesday,June 07, 2016 9:47 AM
To: 'Miller, Daniel'
Subject: RE: request for additional info - Two-Eleven Midway, SW8 07935
Dan,
Thanks for understanding. I have had a chance to look at the grading plans and there appears to be several areas of
impervious surfaces that do not seem to drain to the collection system. The areas I noticed are the pump station
(mainly the access drive) and the end of the access road near outparcel 8A/8B. How are these areas intended to be
directed to the collection system?
Also, as I mentioned in my e-mail yesterday,the total amount of impervious area will need to be the same as previously
permitted. Please update the breakdown in BUA included in the narrative and Exhibit 1 to show 1,216,200 square feet
of impervious area.
Thanks again,
Christine
Christine(Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources—State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
"M fhirg C unpares
Ema3 cort espcndence to and from this address is svb,�act to the
^forth Carolina Pubfic Records Laty and may be dis ,'esed to third parties.
From: Miller, Daniel [mailto:[e-mail]]
Sent: Monday,June 06, 2016 5:02 PM
To: Hall, Christine<[e-mail]>
Subject: RE: request for additional info Two-Eleven Midway, SW8 07935
Christine,
I will refrain from any more revisions until 1 hear back from you. Thank you.
Dan
Dan Miller,PE,PW
1

r r
%0 WithersRavenel
■■
i 15 M.-IcK.;;n:in Drive I Cara.NC 21511
O!1P7cz:919.-"-A334O i Direcr:919.35.5i-19
A._R.'i1e:9 r.357.6725
dmi ller(dwithersravenel.com
[moon
CONFIDENTIALITY AND NONDISCLOSURE
From: Hall, Christine [mailto:[e-mail]
Sent: Monday,June 6, 2016 4:54 PM
To: Miller, Daniel<[e-mail]>
Subject: RE: request for additional info-Two-Eleven Midway, SW8 07935
Dan,
I took a look at the numbers. In order to still consider this a plan revision, the numbers have to match. (This is why we
ask for everything to be done in sq ft—it helps on the accounting of how much is allocated). Can you add additional
"future"to bring the total up from 1,216,186 ftz to 1,216,200 ftz as previously permitted?
However, I still need to look more closely at the grading plan to confirm all of the proposed BUA is being directed to the
constructed wetland and to compare the grading against the previously approved drainage area map to make sure there
were no changes that should have been accounted for.
If you want to hold off on sending in the updated narrative/cover letter and Exhibit 1 for the deed restrictions until I am
I
inished taking a look at the plans,that's fine with me. I do apologize for piece-milling the comments. Hopefully
tomorrow morning I will have a better idea if there is anything else that is needed.
Thanks for your patience,
Christine
Christine(Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources—State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine.hall(a).ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
-'•�*,�..Jt�:'1n�i��,)rT1��k"C"e:.. ..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
2

CA201508302586 �141�A7UQ.� t lu [ftQtZ
SOSID:0089614
Date Filed:3/24/201511:21:00 AM
Elaine E Marshall
r� LIMITED LIABILITY COMPANY ANNUALR North Carolina Secretary of State
CA2015 083 02586
NAME OF LIMITED LIABILITY COMPANY. MDT Management,LLC
SECRETARY OF STATE ID NUMBER. 0089614 STATE OF FORMATION: NC Filing Office Use Only
REPORT FOR THE YEAR: 2015
SECTION A:REGISTERED AGENT'S INFORMATION Changes
1.NAME OF REGISTERED AGENT: Boyd Lee George
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3.REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS
120 Fourth Street,SW 120 Fourth Street,SW
Hickory,NC 28602 Catawba Hickory,NC 28602
SECTION B:PRINCIPAL OFFICE INFORMATION
1.DESCRIPTION OF NATURE OF BUSINESS: Rental Real Estate
2.PRINCIPAL OFFICE PHONE NUMBER: [phone] X PRINCIPAL OFFICE EMAIL:
4.PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5.PRINCIPAL OFFICE MAILING ADDRESS
120 Fourth Street,SW 120 Fourth Street,SW
Hickory,NC 28602 Catawba Hickory,NC 28602
'*
SECTION C:COMPANY OFFICIALS/ORGANIZERS(Enter additional Company Officials/Organizers in Section E) �
NAME: Boyd L.George NAME: Michael J.Greene NAME: John B.Orgain L
TITLE: President TITLE: Vice President TITLE: Secretary
ADDRESS: ADDRESS: ADDRESS:
PO Box 800 PO Box 800 PO Box 800
Hickory,NC 28603 Hickory,NC 28603 Hickory,NC 28603
SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
SIGNATURE DATE
Form must be signed by a mpany Olrltial/Orgennizer listed un ion C of this form.
Print or Type Name of Company OfFciaUOrga i TITLE
�I
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING^.FEE OF$20g
MAIL TO:Secretary of State, Corporations Division, Post Office Box 29525, Raleigh,NC 27626-0525

MD1 IMANAG i 1YENT,LILC
CON,SENT OF SOLE iYLfU4BER
The undersigned, being the sole member of MDI Management,LLC,a North Carolina limited
liability company(the"Company"),hereby consents to the adoption of the following resolution:
RESOLVED,that the following are elected as Directors of the company
until their successors are duly elected and qualified:
Boyd L. George
Brian A. George
John B. Orgain
DATED: March 1,2016
Alex Lee, Inc. Alex )42) Inc..
sO�e
Bo George
Chairman of the Board ''i J
Sfl W1
Ceps' k Cr
i3y, WILIY r i.,,
0- G� Cis OL.
GA C/vlt4
ECEIVE
MAY 2 0 201
BY:

FWD!IVIANAGEM ENT,LLC
UNANIMOUS CONSENT OF DIRECTORS
(March 1,2016 MLiutes)
The undersigned, being all of the directors of MDI Management, LLC, a North Carolina limited
liability company (the "Company"),hereby consent to the adoption of the following resolutions:
RESOLVED,that the following are elected as officers of the company
for the term of one year and until their successors are duly elected and
qualified:
Chainnan of the Board................................. Boyd L. George
President................................................... Brian A. George
Vice President.............................................Michael J. Greene
Secretary................................................... John B. ®rgain
DATED: March 1,2016
Bo; . George
Brian A. George
Johni . ®rgain
ECEIVE
MAY 2 0 201.3
BY:

C201312000826
SOSID:0089614
Date Filed:5/1/2013 5:05:00 PM
Effective: 6/29/2013
State of North Carolina Elaine F.Marshall
Department of the Secretary of State North Carolina Secretary of State
C201312000826
ARTICLES OF ORGANIZATION
INCLUDING ARTICLES OF CONVERSION
Pursuant to §§ 57C-2-21, 57C-9A-01 and 57C-9A-03 of the General Statutes of North Carolina,the undersigned
converting business entity does hereby submit these Articles of Organization Including Articles of Conversion
for the purpose of forming a limited liability company.
1. The name of the limited.liability company is: MDI Management,LLC.
The limited liability company is being formed pursuant to a conversion of another business entity.
2. The name of the converting business entity is MDI Management,Inc.
and the organization and internal affairs of the converting business entity are governed by the laws of the
j state of North Carolina.
A plan of conversion has been approved by the converting business entity as required by law.
3. The converting business entity is a(checkone): ®domestic corporation; foreign corporation;❑
foreign limited liability company;❑domestic limited partnership;
[I foreign limited partnership; [] domestic registered limited liability partnership;
❑foreign limited liability partnership;or❑ other partnership as defined in G.S. 59-36,whether or not
formed under the laws of North Carolina.
4. If the limited liability company is to dissolve by a specific date,the latest date on which the limited
liability company is to dissolve: (If no date for dissolution is specified, there shall be no limit on the
duration of the limited liability company.) None
5. The name and address of each person executing these articles of organization is as follows: (State
whether each person is executing these articles of organization in the capacity of a member, organizer
or both).
The person named below is executing these articles of organization as the organizer and not as a member
of the limited liability company.
John B.Orgain
120 Fourth Street,SW
Hickory,NC 28602
6. The street address and county of the initial registered office of the limited liability company is:
Number and Street: 120 Fourth Street,SW
City,State,Zip Code: Hickory,NC 28602 County: Catawba
7. The mailing address,if dfferent from the street address,of the initial registered office is: Same as the
initial registered office
8. The name of the initial registered agent is: Boyd Lee George
CORPORATIONS DIVISION P.O.BOX 29622 RALEIGH,NC 27626-0622
(Revised January 2002) (Form L-01.4)

C201312000826
9- Principal office information: (Select either a or b.)
a. ® The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street: 120 Fourth Street,SW
City,State,Zip Code: Hickory,NC 28602 County: Catawba
The mailing address,if different from the street address,of the principal office of the limited liability
company is: Same as the street address
b. ❑The limited liability company does not have a principal office.
10. Check one of the following:
I ,
® (i) Member-managed LLC: all members by virtue of their status as members shall be managers of
this limited liability company.
❑ (ii) Manager-managed LLC: except as provided by N.C.G.S.Section 57C-3-20(a),the members of
this limited liability company shall not be managers by virtue of their status as members.
11. Any other provisions which the limited liability company elects to include are attached: None
12. These articles will be effective at 11:59 p.m. on June 29,2013.
This is the LA day of April,2013.
Signature
John B.Orgain,Organizer
Type or Print Name and Title
CORPORATIONS DIVISION P.O.BOX 2%22 RALEIGH,NC 27626-0622
(Revised January 2002) (Form.L-01A)

CA201508302586
SOSID:0089614
Date Filed:3/24/2015 11:21:00 AM
Elaine F.Marshall
i LIMITED LIABILITY COMPANY ANNUAL North Carolina Secretary of State
CA2015 083 02586
NAME OF LIMITED LIABILITY COMPANY: MDT Management,LLC
SECRETARY OF STATE ID NUMBER: 0089614 STATE OF FORMATION: NC Ring oliiceOnonly
REPORT FOR THE YEAR: 2015
SECTION A:REGISTERED AGENT'S INFORMATION Changes
1.NAME OF REGISTERED AGENT: Boyd Lee George
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3.REGISTERED OFFICE STREET ADDRESS&COUNTY 4.REGISTERED OFFICE MAILING ADDRESS
120 Fourth Street,SW 120 Fourth Street,SW
Hickory,NC 28602 Catawba hickory,NC 28602
SECTION B:PRINCIPAL OFFICE INFORMATION
1.DESCRIPTION OF NATURE OF BUSINESS: Rental Real Estate
2.PRINCIPAL OFFICE PHONE NUMBER: [phone] 3:PRINCIPAL OFFICE EMAIL:
4.PRINCIPAL OFFICE STREET ADDRESS&COUNTY 5.PRINCIPAL OFFICE MAILING ADDRESS
120 Fourth Street,SW 120 Fourth Street,SW
Hickory,NC 28602 Catawba Hickory,NC 28602
SECTION C:COMPANY OFFICIALSIORGANIZERS(Enter additional Company Officials/Organizers in Section E.)
NAME: Boyd L.George NAME: Michael J.Greene NAME: John B.Orgain
TITLE: President TITLE: Vice President TITLE: Secretary
ADDRESS: ADDRESS: ADDRESS:
PO Box 800 PO Box 800 PO Box 800
Hickory,NC 28603 Hickory,NC 28603 Hickory,NC 28603
SECTION 0:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a persontbusiness entity.
(2,e 46 /
3 / q �S
SIGNATURE DATE
Form must be signed by a mpanlIy Of iicial/OrgaanRniaer listed un on C of this form.
-�t hM
Print or Type Name of Company Official/Orga . TITLE
Ep
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF$200 111
11111111111111111111111
MAIL TO:Secretary of State, Corporations Division, Post Office Box 29525, Raleigh,NC 27626-0625

Johnson, Kelly
From: Miller, Daniel <dmiller(c withersravenel.com>
Sent: Wednesday, June 01, 2016 1:59 PM
To: Johnson, Kelly
Cc: Weaver, Cameron; Hall, Christine; [e-mail]; [e-mail]
Subject: RE: request for additional info-Tkvo-Eleven "idway, SW8 07935
Attachments: RE: request for additional info-Two-Eleven Midway, SW8 07935
Hi Kelly,
Thank you for reaching out.
1.) Letter Items#1&#2 (Signature Authority): John B.Orgain,Secretary per NCSoS, has signed the paperwork. I
see the"Unanimous Consent of Directors"which shows the same people/titles as the NC Secretary of State. I
also see the"Consent of Sole Member"of MDI Management, LLC which shows that Mr.Orgain is a
"Director". But, it is unclear how Mr. Orgain has signature authority. If Mr. Orgain is the Secretary then I am not
sure what"Director" means in terms of signing paperwork? Is there further documentation that the "Directors"
can sign permitting documents for the LLC? Typically in this situation,we would receive a letter from Mr.
George(President)or Mr.Greene(VP)which says that they delegate authority to Mr. Orgain to sign permitting
documents on their behalf. That is usually the easiest arrangement. Please see the attached email and
documents provided by MDI and related to the signing authority of Mr.Orgain. I believe this issue has been
resolved directly with Christine.
2.) Letter Item#3(Grading): Again, I haven't been involved with the ongoing discussions. But, some lots(such as
9A and 98)don't drain to the pond? Also, I do not see pipe invert elevations which makes it difficult to
determine which way the water is flowing throughout the project? There is usually also a drainage area
map? Outparcels 9A and 9B in their current status do not presently drain entirely to the BMP, however,storm
pipes have been stubbed to each lot. It is anticipated that these lots will require some amount of fill and that
they will be required to treat their runoff in the BMP.
3.) Letter Item#4(BUA Total): The most recent permit,a correction dated 1/23/09,shows the total to be
1,216,200sf. The summary submitted most recently shows 1,216,186sf. Though these values are really close,
there still appears to be an inconsistency somewhere. I did speak to Christine about this. She said that as long
as we do not exceed the originally permitted BUA then we will be of. The difference occurs when doing the
calculations and converting from X.XX acres to XX,XXX square feet. It is just imprecision in the rounding.
Please let me know if you need anything further and I hope you get to feeling better.
Best,
Dan
Dan Miler,PE,PW
Nr■ 'iLherSRavenel
0 0u! sw((e5l,
115 MacKenan Drive I Cary,NC 27511
Office:919.469.3340 Direct:919.535.5149
Mobile:[phone]
[e-mail]
1

®©©U
CONFIDENTIALITY AND NONDISCLOSURE
From:Johnson, Kelly [mailto:[e-mail]]
Sent:Tuesday, May 31,201611:41 AM
To: Hall,Christine<Christine.Hall @ncdenr.gov>; Miller, Daniel<[e-mail]>
Cc:Weaver,Cameron<[e-mail]>
Subject: RE: request for additional info-Two-Eleven Midway,SW8 07935
Dan,
I am filling in for Christine, but I have pneumonia so I am slow at working through this. I have gone through the package
and I have a couple of questions. I didn't see in the file that you had previously worked through these, but if you have, I
apologize in advance. It is hard to start in the middle.
1.) Letter Items#1&#2 (Signature Authority): John B.Orgain,Secretary per NCSoS,has signed the paperwork. I
see the"Unanimous Consent of Directors"which shows the same people/titles as the NC Secretary of State. I
also see the "Consent of Sole Member" of MDI Management, LLC which shows that Mr. Orgain is a
"Director". But, it is unclear how Mr. Orgain has signature authority. If Mr.Orgain is the Secretary then I am not
sure what"Director" means in terms of signing paperwork? Is there further documentation that the"Directors"
can sign permitting documents for the LLC? Typically in this situation,we would receive a letter from Mr.
George(President)or Mr.Greene (VP)which says that they delegate authority to Mr.Orgain to sign permitting
documents on their behalf. That is usually the easiest arrangement.
2.) Letter Item#3 (Grading): Again, I haven't been involved with the ongoing discussions. But,some lots(such as
9A and 96)don't drain to the pond? Also, I do not see pipe invert elevations which makes it difficult to
determine which way the water is flowing throughout the project? There is usually also a drainage area map?
3.) Letter Item 44(BUA Total): The most recent permit, a correction dated 1/23/09,shows the total to be
1,216,200sf. The summary submitted most recently shows 1,216,186sf. Though these values are really close,
there still appears to be an inconsistency somewhere.
Have you worked any of these out with Christine already? If not, I will talk to Cameron and figure out the best path
forward.
Thanks,
Kelly
From: Hall,Christine
Sent:Thursday, May 19, 2016 3:35 PM
To: Miller, Daniel<[e-mail]>
Cc:Weaver,Cameron<[e-mail]>;Johnson, Kelly<[e-mail]>
Subject: RE: request for additional info-Two-Eleven Midway,SW8 07935
Dan,
Thank you for the e-mail. I will be out of the office on vacation starting tomorrow. I just wanted to give you a heads up
that my coworker, Kelly, has agreed to finish this one up for me while I'm out.
Thanks again.
Christine
Christine(Nelson)Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources—State Stormwater Program
Department of Environmental Quality
2

910 796 7215 office
910 796 7335 direct
christine.hall(cD-ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
C., -"Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Miller, Daniel [mailto:[e-mail]]
Sent:Thursday, May 19,2016 2:19 PM
To: Hall,Christine<Christine.Hall @ncdenr.eov>; [e-mail];[e-mail];
[e-mail]
Cc:Weaver, Cameron<[e-mail]>;Scott,Georgette<[e-mail]>
Subject: RE: request for additional info-Two-Eleven Midway,SW8 07935
Hi Christine,
I wanted to let you know that we have overnighted the attached documents related to the Two Eleven Midway
Stormwater Permit Plan review. You should receive them in the morning.
Please let me know if you need anything further.
Thanks,
Dan
Dan Miller,PE,PAW
115 MacKenan Drive j Cary,NC 27511
Office:919.469.3340 1 Direct:919.535.5149
Mobile:[phone]
[e-mail]
CONFIDENTIALITY AND NONDISCLOSURE
From: Hall,Christine [mailto:Christine.Hall @ncdenr.eov]
Sent: Monday, May 16,2016 1:41 PM
To: Miller, Daniel <[e-mail]>; [e-mail]; [e-mail];
[e-mail]
Cc:Weaver,Cameron<cameron.weaver([e-mail]>;Scott,Georgette<[e-mail]>
Subject: request for additional info-Two-Eleven Midway,SW8 07935
3

r I
All,
Attached is a letter requesting additional information regarding the plan revision to the Two-Eleven Midway stormwater
permit,SW8 070935. 1 have also attached the update form mentioned in Item 1. As some of you are aware, I will be out
of the office on vacation starting Friday. Please let me know before then if you have any questions or concerns. Also, if
the requested items are received by this office after I leave, I'm sure one of my coworkers will be assisting while I'm out.
Thanks!
Christine
Christine(Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources-State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine.hallOncdenr.pov
127 Cardinal Drive Ext.
Wilmington, NC 28405
A _0 Nothing Compares -t
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
4

�i WithersRavenel Letter of Transmit,:
19 May 2016 02130302
115 Macl(enan Drive - , ..: Christine Hall
Cary, North Carolina 27511
t:919.469.3340 1 f:919.467.6008 Two Eleven MidwaySXAl �
(9101,796-7215
TO: Division of Energy,Mineral and Land Resources-
State Stormwater Program
127 Cardinal Drive Ext.
Wilmington,NC 28405
WE ARE SENDING YOU ❑ Attached ❑ Under Separate Cover via
THE FOLLOWING ITEMS ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of Letter ❑ Change Order ❑ Diskette ❑ Other
COPIESDATEf
1 05/19/16 Stormwater Management Permit Information Update Form-Original
1 05/19/16 Stormwater Management Permit Plan Revision Application Form-Copy
1 05/19/16 Deed Restrictions and Protective Covenances-Copy
1 05/19/16 Revised Exhibit Afor Outparcel Impervious Allocation-Original
1 05/19/16 MDI Management,LLC Consent of Sole Member-Copy
1 05/19/16 MIDI Management,LLC Unanimous Consent of Directors-Copy
1 05/19/16 Response Letter to Request for Additional Information
THESE ARE TRANSMITTED as checked belot.-
❑For approval ❑Approved as submitted ❑Resubmit copies for approval
❑For your use ❑Approved as noted ❑Submit copies for distribution
❑As requested ❑Returned for corrections ❑Return corrected prints
❑For review and comment ❑Other
❑FOR BIDS DUE ❑PRINTS RETURNED AFTER LOAN TO US
REMARKS: Christine,A few of the documents I am providing are copies as I do not have the originals. I believe that the
originals were provided directly to you from the signing party. Please let me know should you need anything further.
MAY 2 b 2016
&9 —
COPY TO: SIGNED:
If enclosures are not as noted,kindly notify us at once.

WithersRavenel
Our People.Your Success.
May 18,2016
NCDENR
NCDEQ-Wilmington Regional Office
Christine Hall
Environmental Engineer
127 Cardinal Drive Extension
Wilmington,NC 28405
RE: Two-Eleven Midway
Brunswick County
Response to Request for Additional Information nECEIVE
Stormwater Project No.SW8 070935
W R#02130302.00 MAY 2 0 Zp;;
Dear Christine: BYE
We are writing this letter in response to the State's request for additional information comments dated May
16,2016. Each of the State's comments are shown below,followed by our response.
1. Permit Conditions 11.6 and 111.3: The permit dated December 5,2008 was issued to MDI
Management,Inc. The revised plan revision form received on May 16,2016 lists the permittee as
MDI Management,LLC. ,A review of the North Carolina Secretary of State(NC SOS)revealed that
this corporation was legally converted to MDI Management,LLC on May 1,2013 and may have a
new address. Please complete the enclosed Permit Update Form to document the conversion of the
corporation.
The Permit Update Form has been completed and executed and is included with this submittal.
2. 15A NCAC 02H.1003(e): The plan revision form and the signed agreement to provide the final
recorded documents were signed by Mr.John Orgain,who is listed as the Secretary of MDI
Management,LLC with the NC SOS. In the case of a corporation(Inc.or LLC),the application
documents must be signed by a principal executive officer of at least the level of vice-president.
Recommendation: an LLC is generally manager-managed. If it is manager-managed,then the designated
manager can sign. However,applications that must be signed by another agent shall be accepted on
the application documents only if accompanied by a letter of authorization. Please either:
a. Demonstrate yourself as a principal executive officer of at least the level of vice-president,
manager of a manager-managed LLC,or member of a member-managed LLC.
b. Provide a letter of authorization from the principal executive officer allowing you to sign on
their behalf.
MDI Management,LLC has provided an"Unanimous Consent of Directors"and"Consent of Sole Member"to
document the signing authority of Mr.John Orgain. Copies of each of these documents is provided with this
submittal.
3. 15A NCAC 02H.1003(g)(4): Due to the revision of the onsite impervious area,please provide two
(2)copies of the topographic maps of the project area showing the proposed contours and drainage
patterns. Recommendation: In the case where the contour interval on a"topographic"map is too large to
adequately reflect the existing and proposed drainage patterns of a relatively flat property,spot elevations
and/or a site-specific elevation survey may be needed.
Two copies of the approved Grading Plan sheets are included with this submittal per your request
115 MacKenan Drive I Cary,NC 27511
t:919.469.3340 1 f:919.467.6008 1 www.withersravenel.com I License No.C-0832
Cary I Greensboro I Pittsboro I Raleigh I Wilmington

%0 WithersRavenel
160 Our People.Your Success.
4. 15A NCAC 02H.1003(g)(7): The sum of the amended impervious area allocations listed in the
revised narrative appears to be less than the total reported. Please confirm the impervious area
allocations.
We inadvertently omitted Outparcel#80 from the originally provided document. This exhibit has been updated
to include this information and is included with this submittal.
5. Per permit conditions 1.6,each parcel of future development within the subdivision whose
ownership is not retained by the permittee must submit a separate Offsite permit application.
According to aerial photos available online,it appears that construction has occurred within the
BEMC parcel. Please verify that BEMC has obtained an offsite permit.
We have been in contact with a representative of BEMC and they are preparing the Off-Site Supplement for
submittal. It is our understanding that this in no way will delay approval of our requested plan revision.
6. Due to the relatively minor nature of these comments,the express additional information review
fee has been waived.
Thank you.
7. Please keep in mind that changing one number may change other numbers and require the
calculations,supplements,and other supporting documentation to be updated. Verify all numbers
are correct to ensure consistency in the application documents.
We believe that our numbers are consistent.
Sincerely,
WithersRavenel
0/0
Daniel Miller,PE,PMP
Senior Project Manager
Page 2 of 2

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STORMWATER MANAGEMENT PERMIT INFORMATION UPDATE FORM
This form is only to be used by the current permittee to: 1) change the Point of Contact(signing official)for
the current permittee(LLC, Corporation, HOA or POA); 2)change the mailing address, phone number or email
address of the current permittee; 31 change the niai`ne of the project; art:4) charge tha legal corporate name
as documented by a Name Change filed with the NCSOS. For all transfers of the permit to a NEW OWNER
(including dissolution of the current permittee corporation or LLC and the transfer of assets to a new
corporation or LLC), please complete the"Permit Transfer Form".
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: SW8070935
2. Project Name: Two-Eleven Midway
3. Current/Previous Corporation Name: MDI Management, Inc.
4. Current Permit Holder's Company Name/Organization:
5. Signing Official's Name: John Orgain Title: Director/Secretary
Phone: 8( 28 1 725-4444 Fax: 8 725-4435
II. NEW PERMIT INFORMATION
Request the following information be updated: (Please check a that apply. If more than one point of contact or mailing
address is being changed, please attach a separate sheet.)
❑ Project Name—(Complete Item 1 below)
® Corporation Name—(Complete Item 2 below an rovide the Name Change filed with the NCSOS)
$� Point of Contact(i.e., Signing Official, Property wner, LLC Manager, HOA/POA president/manager)—
(Complete Items 3 &4 below and provide a c y of supporting doc,,,.,Antarn��rh��nor c filing)
Mailing Address/Phone Number/Email Ad ess—(Complete Item 5, 6, or 7 below, as ap ' able)
1. New Project Name: 1AY Z Q ;��
2. New Corporation Name: MD1 Management, LLC �
ov.
3. New Point of Contact Name: John Orgain i7% L.
4. New Point of Contact Title: Director See re ory
5. New Mailing Address: 120 4th Street S.W. Apt./Suite#
City: Hickory State: NC Zip: 28602
6. New Phone: 8( 28 ) 725-4444 New Fax: (828) 725-4435
7. New Email Address: [e-mail]
III. CURRENT /PERMI//TU�TEE'S CERTIFICATION
�aGl Cam/` 2. 1 A , the current permittee, hereby notify DEMLR that I am making the above
noted changes as listed in 64ction II. 1 further attest that this application for an update to the permit information
currently on file is accurate and complete to the best of my knowledge.
Signature: Date:
a Notary Public for the State of
County of �L��GCGC.!/.I.P�_ , do hereby certify that � 4*404-A.p
appeared before me this the day of 20/t'o and acknowledge the
due nxecuti of the forgoing ' strument.Witness my hand and offic6deal,
My commission expires ` 0
Notary Signature

Alex Lee® Inc.
John B. Orgain 828-725-4444
General Counsel FAX-828-725-4435
May 13,2016
Ms. Christine Nelson Hall
Division of Energy—Stormwater Progam
Department of Environmental Quality
127 Cardinal Dr. Ext.
Wilmington,NC 28405
RE: Project Two-Eleven Midway; Stormwater Permit Application Revision
Dear Ms. Hall:
Please find enclosed the original, executed document and one copy of the Deed
Restrictions &Protective Covenants and Permit Plan Revision Application. Should you
have any questions or concerns,please do not hesitate to contact me.
Sincerely yours,
Leah R. Poove' cNC
Paralegal for John B. Orgain
828-725-4844
[e-mail]
ECEIVE
MAY 16 2016
BY:
120 Fourth Street,Southwest o Hickory,NC 28602 A Post Office Box 800 a Hickory,NC 28603
Phone:[phone]-Fax [phone]

PAT MCCRORY
�..a Governor
DONALD R. VAN DER VAART
Secretary
Energy,Mineral
and Land Resources TRACY DAVIS
ENVIRONMENTAL QUALITY
Director
May 16,2016
Mr.Michael Greene
MDI Management,Inc.
120 4th Street, SW
Hickory,NC 28602
Subject: Request for Additional Information
Stormwater Project No. SW8 070935
Two-Eleven Midway
Brunswick County
Dear Mr. Greene:
The Wilmington Regional Office received and accepted a revised Express State Stormwater Management
Permit Application for Two-Eleven Midway on May 11,2016. A preliminary in-depth review of that
information has determined that the application is not complete. The following information is needed to
continue the stormwater review:
1. Permit Conditions II.6 and II1.3: The permit dated December 5,2008 was issued to MDI
Management,Inc. The revised plan revision form received on May 16,2016 lists the permittee as
MDI Management,LLC. A review of the North Carolina Secretary of State(NC SOS)revealed
that this corporation was legally converted to MDI Management,LLC on May 1,2013 and may
have a new address. Please complete the enclosed Permit Update Form to document the
conversion of the corporation.
2. 15A NCAC 02H.1003(e): The plan revision form and the signed agreement to provide the final
recorded documents were signed by Mr.John Orgain,who is listed as the Secretary of MDI
Management,LLC with the NC SOS. In the case of a corporation (Inc. or LLC), the application
documents must be signed by a principal executive officer of at least the level of vice-president.
Recommendation: an LLC is generally manager-managed. If it is manager-managed, then the
designated manager can sign. However,applications that must be signed by another agent shall
be accepted on the application documents only if accompanied by a letter of authorization.Please
either:
a. Demonstrate yourself as a principal executive officer of at least the level of vice-
president,manager of a manager-managed LLC,or member of a member-managed LLC
b. Provide a letter of authorization from the principal executive officer allowing you to sign
on their behalf.
3. 15A NCAC 02H.1003(g)(4): Due to the revision of the onsite impervious area,please provide
two(2)copies of the topographic maps of the project area showing the proposed contours and
drainage patterns. Recommendation:In the case where the contour interval on a "topographic"
map is too large to adequately reflect the existing and proposed drainage patterns of a relatively
flat property, spot elevations and/or a site-specific elevation survey may be needed.
4. 15A NCAC 02H.1003(g)(7): The sum of the amended impervious area allocations listed in the
revised narrative appears to be less than the total reported. Please confirm the impervious area
allocations.
O`, 5. Per permit conditions I.6,each parcel of future development within the subdivision whose
ownership is not retained by the permittce must submit a separate Mite permit application.
According to aerial photos available online, it appears that construction has occurred within the
BEMC parcel. Please verify that BEMC has obtained an offsite permit.
6. Due to the relatively minor nature of these comments,the express additional information review
fee has been waived.
State of North Carolina I Environmental Quality I Energy,Mineral and Lend Resources
127 Cardinal Drive Extension I Wilmington,NC 28405
910 796 7215 T 1 910 350 2004 F I htto://Dortal.nedenr.ore/web/Ir/

State Stormwater Permit No. SW8 070935
Page 2 of 2
7. Please keep in mind that changing one number may change other numbers and require the
calculations,supplements,and other supporting documentation to be updated. Verify all numbers
are correct to ensure consistency in the application documents.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received in this Office prior to May 24,2016, or the application will be
returned as incomplete. If the project is returned and you wish to re-submit to the Express Program,you
will need to reschedule the project through the Express Coordinator for the next available review date and
will need to resubmit all of the required items at that time, including the application fee.
If you need additional time to submit the information,please email or fax your request for a time
extension to the Division at the email address or fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information,which shall be no later than 5
business days past the original due date.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement
action pursuant to NCGS 143-215.6A.
Please label all packages and cover letters as"Express"and reference the project name and State assigned
project number on all correspondence. If you have any questions concerning this matter,please feel free
to call me at(910)796-7215 or email me at [e-mail].
Sincerely,
CAU�—)", -- a
Christine Hall
Environmental Engineer
GDS/canh: \\\Stormwater\Permits&Projects\2007\070935 HD\2016 05 addinfo 070935
cc: Dan Miller,Withers Ravenel
Wilmington Regional Office Stormwater File
State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources
127 Cardinal Drive Extension I Wilmington,NC 28405
910 796 7215 T 1 910 350 2004 F I http://Dortal.ncdenr.org/web/Ir/

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STORMWATER MANAGEMENT PERMIT INFORMATION UPDATE FORM
This form is only to be used by the current permittee to: 1) change the Point of Contact(signing official)for
the current permittee(LLC, Corporation, HOA or POA); 2)change the mailing address, phone number or email
address of the current permittee; 3)change the name of the project; and 4)change the legal corporate name
as documented by a Name Change filed with the NCSOS. For all transfers of the permit to a NEW OWNER
(including dissolution of the current permittee corporation or LLC and the transfer of assets to a new
corporation or LLC), please complete the "Permit Transfer Form".
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number:
2. Project Name:
3. Current/Previous Corporation Name:
4. Current Permit Holder's Company Name/Organization:
5. Signing Official's Name: Title:
Phone: Fax: (�
II. NEW PERMIT INFORMATION
Request the following information be updated: (Please check all that apply. If more than one point of contact or mailing
address is being changed,please attach a separate sheet.)
❑ Project Name-(Complete Item 1 below)
❑ Corporation Name-(Complete Item 2 below and provide the Name Change tiled with the NCSOS)
❑ Point of Contact(i.e., Signing Official, Property Owner, LLC Manager, HOAIPOA president/manager) -
(Complete Items 3 &4 below and provide a copy of supporting documentation such as NCSOS filing)
❑ Mailing Address/Phone Number/Email Address-(Complete Item 5, 6, or 7 below, as applicable)
1. New Project Name:
2. New Corporation Name:
3. New Point of Contact Name:
4. New Point of Contact Title:
5. New Mailing Address: Apt./Suite#
City: State: Zip:
6. New Phone: (_) New Fax: �)
7. New Email Address:
III. CURRENT PERMITTEE'S CERTIFICATION
1, the current permittee, hereby notify DEMLR that I am making the above
noted changes as listed in Section II. 1 further attest that this application for an update to the permit information
currently on file is accurate and complete to the best of my knowledge.
Signature: Date:
1, a Notary Public for the State of ,
County of , do hereby certify that
personally appeared before me this the day of 20 , and acknowledge the
due execution of the forgoing instrument.Witness my hand and official seal,
My commission expires
Notary Signature

Hall, Christine
From: Hall, Christine
Sent: Monday, May 16, 2016 1.41 PM
To: 'Miller, Daniel'; [e-mail]; [e-mail]';
'[e-mail]'
Cc: Weaver, Cameron; Scott, Georgette
Subject: request for additional info -Two-Eleven Midway, SW8 07935
Attachments: 2016 05 addinfo 070935.pdf; SSW PERMIT_UPDATE FORM 20Aug15.pdf
All,
Attached is a letter requesting additional information regarding the plan revision to the Two-Eleven Midway stormwater
permit,SW8 070935. 1 have also attached the update form mentioned in Item 1. As some of you are aware, I will be out
of the office on vacation starting Friday. Please let me know before then if you have any questions or concerns. Also, if
the requested items are received by this office after I leave, I'm sure one of my coworkers will be assisting while I'm out.
Thanks!
Christine
Christine(Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
C. -
En h corresp.^•1'rG'on,; c,Eli:: h"om ii is addir ss is subjeci �'C'i1?c
=r:ay !)a c. •. o r.
1

Hall, Christine
From: Hall, Christine
Sent: Friday, May 13, 2016 4:54 PM
To: 'Miller, Daniel'
Subject: RE:211 Midway - Revised Narrative
Attachments: 2016 05 excel 070935.xlsx
Dan,
Thanks for the revised narrative. I'm just starting my review and am having trouble getting the revised numbers to add
up to the total. Can you double check the numbers?
Thanks and I hope you have a great weekend.
Christine
Christine(Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources—State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
nothing Compares
F-'; _a,."cofresporl,leri:etoai;,{ {`i-.mftisarlu"ess c t.W
Nor:h Cai'oy'.,n 3 1'aind r7a Y be eo Ph;red r1w1i'es.
From: Miller, Daniel [mailto:[e-mail]]
Sent:Wednesday, May 11,2016 4:53 PM
To: Hall,Christine<[e-mail]>
Cc: [e-mail]; Kathy Young<[e-mail]>
Subject:211 Midway-Revised Narrative
Hi Christine,
I enjoyed meeting with you this morning. Attached is the revised narrative that has the future impervious allocation
noted correctly.
Please let me know if you need anything further. We will work to provide yu with the other two outstanding documents
promptly.
Thanks,
Dan
1

RECEIVED
i'C ersRave ei Letter of TP M al
03/15/2016 02130302.00
115 vlac(ena 'V2 Gerogette Scott
Cary,North Carolina 27511
t:919.469.334-0 j f:919-467.6008 211Midway
TO: NCDENR-Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington,NC 28405
WE ARE SENDING YOU p Attached ❑ Under Separate Cover via
THE FOLLOWING ITEMS ❑ Shop Drawings ❑x Prints 0 Plans ❑ Samples ❑ Specifications
❑ Copy of Letter ❑ Change Order ❑ Diskette ❑ Other
2 Sets of plans
1 Partial Stormwater Controlled Measure Certification
1 $500 check
1 Application
1 Narrative
THESE ARE TRANSMITTED as checked below:
❑x For approval ❑Approved as submitted ❑Resubmit copies for approval
❑For your use ❑Approved as noted ❑Submit copies for distribution
❑As requested ❑Returned for corrections ❑Return corrected prints
❑For review and comment ❑Other
❑FOR BIDS DUE ❑PRINTS RETURNED AFTER LOAN TO US
REMARKS:
NAAn
IJ
BY:
Wakefield Associates
188'Wind E.RowE=nd Chime Court SIGNED: Dan Miller,PE
Suite 201 aoweQwalie{ieldasaociatea.net
Raleigh,NC 27615-6487 f-a not as noted,kindly notify us at once
Phone:[phone]
Fax:[phone]

Hall, Christine
From: Hall,Christine
Sent: Wednesday, May 11, 2016 5:35 PM
To: 'Miller, Daniel'
Cc: Rerwakefld@ao;.com; Kathy Young
Subject: RE: 211 Midway- Revised Narrative
Dan,
Thanks! I'll take a look at the attachment tomorrow. In the meantime, here are the links to the lean_revision form and
the deed restriction form I provided in the meeting. These forms can be found on the following website:
https:Hdeq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/stormwater-
permits/forms
Thanks again,
Christine
Christine(Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources—State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
•.^,ems -. q pit
C. -
Ondi!ci?rrespon:lence to yn+f can;ti;;s address is suh!Ecl to the
;;r<r CGruina Pv4)is R voids Law and may bs disclosed to third parties.
From: Miller, Daniel [mailto:[e-mail]]
Sent:Wednesday, May 11, 2016 4:53 PM
To: Hall,Christine<[e-mail]>
Cc: [e-mail]; Kathy Young<[e-mail]>
Subject: 211 Midway-Revised Narrative
Hi Christine,
I enjoyed meeting with you this morning. Attached is the revised narrative that has the future impervious allocation
noted correctly.
Please let me know if you need anything further. We will work to provide yu with the other two outstanding documents
promptly.
Thanks,
i

Dan
Dan Miller,PE,PMT
I f'-j.o I)r :'d IN c.,2 1
dmiII cart;,mithersrqveneI.com
I
CONFIDENTIALITY AND NONDISCLOSURE

WithersRavenel
May 11,2016
Georgette Scott
NCDENR-DEQ
Wilmington Regional Office
Stormwater Supervisor
127 Cardinal Drive Extension
Wilmington,NC 28405
RE: Stormwater Permit SW8 070935MOD
Outparcel BUAAllocation Modification
211 Midway
WR#02130302.00
Dear Ms.Scott,
The purpose of this plan revision is to re-allocate the approved BUA based on actual design of Lot 10,which
is the Lowes Food anchor parcel. The number and size of the original outparcels have also changed. There
were originally ten(10)outparcels,nine(9) retail lots and the Brunswick Electric Membership Corporation
Substation lot(BEMC). There are now fourteen(14)total lots. Thirteen(13)retail lots and the BEMC lot.
The portion of the permit we want to revise is under I.Design Standards,7.b. The current approved allotment
is as follows:
b. Total Impervious Surfaces,ft2: 1,216,200
Buildings,ftz: 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
GEIV
MAY 1 1 2016-t
115 MacKenan Drive Cary,NC 27511
t:919.469 3340 1 f:919.467.6008 1 www.withersravenel.com License No.C-0832
Cary I Greensboro!Pittsbaro I Raleigh I Wilmington

WithersRavenel
The amende Ilocation would be as follows:
b. Total Rervious Surfaces,ft2: 1,216,200
Buildings,ft2: 94,148
Streets,.ft2:
Parking, 351,574
Sidewalks,ft2: 27,043
Other onsite,ft2: 0
Outparcel#1,ft2: 39,488
Outparcel#2A,ft2: 28,415
Outparcel#213,ftZ: 39,488
Outparcel#3,ft2: 59,658
Outparcel#4,ft2: 79,432
Outparcel#5A,ft2: 23,280
Outparcel#513,ftZ: 50,166y�-� o`
Outparcel#6,ftZ: 55,307 p
Outparcel#7,ftZ: `•58 076 �
Outparcel#8A,ft2: 45;024 Vp �
Outparcel#9A,ft2: 35,533..
Outparcel#913,ft2: 51,353 \
BEMC,ftZ: 96,043 ~�
Future,ftZ: 15,000
This new allotment distributes the BUA among the outparcels without retaining any reserve. The allotment
provides each outparcel with an allowable BUA of ninety percent (90%). With the required setbacks and
buffers,we do not expect any outparcel to exceed seventy percent(70%),so there will be unused BUA at the
completion of ultimate build out.
If you have any questions,or need additional information concerning this matter,please contact Leigh Potts,
or me at(919)469-3340.
Sincerely
�9
N�Ml�q�y
C"/?
aniel Miller, A
Project Manager 2 �!
U690
MAY 1 12016
Page 2 of 2

For DEQ Use ONLY
Reviewer: _
North Carolina Department of Environmental Quality rj (I I
Request for Express Permit Review Submit:
Time: I_�CZ �
Confirm: 10,
FILL-IN all the information below and CHECK the Permits)you are requesting for express review. Call and Email the completed form to the
Permit Coordinator along with a completed DETAILED narrative,site plan(PDF file)and vicinity may(same items expected in the application
package of the project location.Please include this form in the application package.
• Asheville Region Alison Davidson 828 296-4698; Provided Existinq Permits
y
• Fayetteville or Raleigh Region-David Lee 919-7914203;david.leeftcdenr.pov 'elated to this Pr
• Mooresville or Winston Salem-Marcia Allocco 704 235-2107,[e-mail] SVk
• Washington Region-Lyn Hardison 252-948-3842 or [e-mail] sv_i
•
Wilmington Region-Cameron Weaver 910-796-7303 or [e-mail] SW �—
P: DES
NOTE.Project application received after 12 noon will be stamped in the following work day. NPDES
WQ_
Project Name:TWO ELEVEN MIDWAY County:BRUNSWICK V!Q
Applicant:C/O RICK ROWE Company: MDI MANAGEMENT INC E&S
Address: 1381 OLD MILL CIRCLE City:WINSTON SALEM,State: NC Zip:27114- E&S--
Phone:[phone]:,Fax:==_ Email:rerwakefld@aol@com Other
Physical Location:HWY 211 AND MIDWAY RD
Project Drains into C:SW waters—Water classification RIVER SWAMP(DWR Surface Water Classifications Ma
Project Located in LUMBER River Basin. Is project draining to class ORW waters?N,within t/2 mile and draining to class SA waters N or within 1 mile
and draining to class HQW waters?N
Engineer/Consultant: DAN MILLER Company:WITHERSRAVENEL Ell MAR 2 4 2016
Address: 115 MACKENAN DR City:CARY,State:NC Zip:27511-_
Phone:[phone], Fax:= Email:dmiller@withersravenel@com
PLEASE PROVIDE ESTIMATED INVESTMENT AND EXPECTED EMPLOYMENT,IF AVAILABLE
$ # JOBS
SECTION ONE: REQUESTING A SCOPING MEETING ONLY
❑Scoping Meeting ONLY ❑ DWR, ❑DCM, ❑ DEMLR, ❑OTHER:
SECTION TWO: CHECK ONLY THE PROGRAM(S)YOU ARE REQUESTING FOR EXPRESS PERMITTING
❑401 Unit ❑Stream Origin Determination:_#of stream calls—Please attach TOPO map marking the areas in questions
❑intermittent/Perennial Determination:_#of stream calls—Please attach TOPO map marking the areas in questions
❑401 Water Quality Certification ❑Isolated Wetland(_linear ft or_acres)
❑Riparian Buffer Authorization ❑Minor Variance ❑Major General Variance
®State Stormwater ❑General ❑SFR, ❑SFR<1 ac. ❑Bkhd&Bt Rmp, ❑Clear&Grub, ❑Utility ❑Other
❑Low Density ❑Low Density-Curb&Gutter _#Curb Outlet Swales El Off-site[SW (Provide permit#)]
ElHigh Density-Detention Pond _#Treatment Systems ❑High Density-Infiltration _#Treatment Systems
❑High Density-Bio-Retention _#Treatment Systems El High Density—SW Wetlands _#Treatment Systems
El High Density-Other _#Treatment Systems/❑MOG:❑Major❑ Minor®Plar Revision E]Redev. Exc;usion SW (Provide permit#)
❑Coastal Management ❑Excavation&Fill ❑Bridges&Culverts ❑Structures Information
❑Upland Development ❑Marina Development ❑Urban Waterfront
❑Land Quality ❑ Erosion and Sedimentation Control Plan with acres to be disturbed. (CK# &Amt. (for DEQ use))
SECTION THREE—PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT(for both scoping_and express meeting reguks)
Wetlands on Site®Yes❑No Buffer Impacts: ❑No❑YES: _acre(s)
Wetlands Delineation has been completed:®Yes❑No Isolated wetland on Property❑Yes®No
US ACOE Approval of Delineation completed:®Yes❑No 404 Application in Process w/US ACOE: ❑Yes ❑ No Permit
Received from US ACOE®Yes❑ No
For Ul~til.risc only
Fee Split for multiplepermits: Check# Total Fee Amount$
SUBMITTAL DATES Fee SUBMITTAL DATES Fee
CAMA $ Variance(❑Mal;❑Min) $
SW(❑HD,❑LD,❑Gen) $ 401: $
LQS $ Stream Deter,_ $
NCDEQ EXPRESS March 2016

Johnson, Kelly
From: Edwards, Steve [[e-mail]]
Sent: Tuesday, March 18, 2014 3:14 PM
To: Johnson, Kelly
Subject: RE: Oak Island question
Thanks Kelly,
I will review all attachments and contact agent for developer regarding subdivision.
Thanks again,
Steve
From: Johnson, Kelly [mailto:kelly.p.johnsonCa)ncdenr.gov1
Sent: Tuesday, March 18, 2014 3:14 PM
To: Edwards, Steve
Subject: RE: Oak Island question
Mr. Edwards,
I have scanned in a copy of the January 2009 letter with its attachment as well as a photo of the plans' project outline,
and close ups of lots 8 &9. If lots 8 and/or 9 have been subdivided then they will have to modify their stormwater
permit to reflect the subdivision.
(Also,just FYI, I think that when the person making the 1/2009 correction issued it they probably changed the 12/2008
Word file that I sent you because the "future"that is discussed as changing in the 1/2009 permit's attachment is the
same as in the 12/2008 letter.)
Thanks,
Kelly
From: Edwards, Steve Finailto:SEdwards(&ci.oak-island.nc.0 I
Sent: Tuesday, March 18, 2014 12:58 PM
To: Johnson, Kelly
Subject: RE: Oak Island question
Help,
The 2009 01 letter 070935 referenced a change to the BUA and requested that page 3 Of 9 be replaced with the updated
page 3 of 9.....can you provide me with the updated page?
Also the permit states 9 out parcel—the plans I am reviewing show an addition of two lots(8A and 9A),which may be
reflected on missing sheet.
Thanks again,
Steven Edwards
Building Codes Administrator
CAMA LPO
Town of Oak Island
4601 E. Oak Island
Oak Island, NC 28465
1

Office: [phone]
Fax: [phone]
From: Johnson, Kelly [mailto:kelly.p.iohnson(dncdenr.gov]
Sent: Tuesday, March 18, 2014 11:25 AM
To: Edwards, Steve
Subject: RE: Oak Island question
You can start with me,and if I don't know I will try to find out.
K)
From: Edwards, Steve fmailto:SEdwardsCcbci.oak-island.nc.us]
Sent: Tuesday, March 18, 2014 11:21 AM
To: Johnson, Kelly
Subject: RE: Oak Island question
Thanks Kelly, I'll review and if any questions...who should I contact?
Thanks again,
Steven Edwards
Building Codes Administrator
CAMA LPO
Town of Oak Island
4601 E. Oak Island
Oak Island, NC 28465
Office: [phone]
Fax: [phone]
From: Johnson, Kelly f_mailto:kelly.p.johnsonCalncdenr.gov]
Sent: Tuesday, March 18, 2014 11:21 AM
To: Edwards, Steve
Subject: Oak Island question
Steve,
Here are the files you requested. If you need anything else, please let me know.
KJ
I-e-eL L1 i0kvusOVl.
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
2

Office: 910.796.7331
Fax: [phone]
3

ko
WithersRavenet
4. Our People.Your Success.
March 15,2016
. � ECEIVE
Ms.Georgette Scott
Water Quality MAR 17 2016
NCDEQ Wilmington Regional Office
127 Cardinal Drive Extension SY:
Wilmington,NC 28405
Re:Two-Eleven Midway
Extended Detention Wetland-Partial Certification
State Stormwater Permit No:SW8 070935MOD
Dear Ms.Scott,
Please allow this to serve as a partial certification of construction of the extended detention wetland at Two
Eleven Midway(State Stormwater Permit No.SW8 070935MOD).The purpose of this partial certification is
to allow the Town of Oak Island to perform their duties relative to the site.A survey of the stormwater
wetland was provided to WithersRavenel by Thomson,Corder,and Company on March 14,2016.The BMP
was found to be in reasonable conformance with the required volume and surface area requirements per the
approved plan.
Please note that there will be a final engineer's certification required when this BMP is converted from an
erosion control device to its final state as an extended detention stormwater wetland. As part of the
conversion,any accumulated sediment must be cleaned out. It is advised that a survey be provided to the
engineer for analysis once the basins have been cleaned out but before the final wetland grading and planting
is complete in order to ensure minimum required volumes and surface areas are provided per the approved
plan. It is also possible that the drawdown device receive minor elevation modifications to ensure all
requirements are met for the final certification.
Please advise if you require additional information or have any questions.
Sincerely
WithersRavene.6%%! 1N CAs��0/iHHO//�I
� RS
�'F
EAL
J iferDiaz, 11
73
W.. GINE���Q��••�
115 MacKenan Drive';Cary,NC 27511
t:919.469,3340� :919.467.6008 www.wiL-hersravenel.com;License No.C-0832
Cary Greensboro Pittsboro Raleigh',Wilmington

Lewis,Linda r--(b575(A)e0
?0?3}
From: Weaver, Joel T. [e-mail]]
Sent: Monday, March 15, 2010 4:51 PM
To: Lewis,Linda
Cc- McNamara, Paul J.
Subject: RE: 070935MOD.dec08
Attachments: Active_10813278 2—Declaration of Restrictive Covenants-211 Midway.DOC
Ms. Lewis,
Attached is an unrecorded copy of the declaration that will be signed and put to record in short order. Please note that
only outparcel 9 and the BEMC parcel described in the permit are included since the Phase II plat creating the other
outparcels has not yet been recorded. We intend to amend the declaration to include those outparcels when that plat is
recorded - probably next year.
We will send a copy of the recorded declaration to you as soon as we have it.
Thank you for your cooperation and assistance.
Joel
From: Lewis,Linda [mailto:[e-mail]]
Sent: Monday, March 01, 2010 5:10 PM
To: Weaver,Joel T.
Subject: RE: 070935MOD.dec08
Mr. Weaver:
There is no "preferred" form for recording the deed restrictions. We've set up the permit language so that you
can essentially cut and paste those listed statements into the recorded document.
Linda
Please note my new email address is [e-mail]
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
Fronn: Weaver,Joel T. [inailto:[e-mail]]
Sent: Monday, March 01, 2010 4:55 PM
To: Lewis,Linda
Subject: RE: 070935MOD.dec08
Thank you very much Ms. Lewis. I apologize for the misunderstanding.
I

We will get the information you are requesting to you as soon as possible. Is there a preferred form? If so, might I trouble
you to forward that to me?
Joel
From: Lewis,Linda [mailto:[e-mail]]
Senn: Monday, March 01, 2U1O 4:33 PM
To: Weaver,Joel T.
Subject: 070935MOD.dec08
Mr. Weaver:
Thank you for responding so quickly to the Division's request for a copy of the recorded deed restrictions. As
indicated in your letter, I am contacting you to let you know that the Conservation Declaration you provided is
not the document that the Division is requesting.
I've attached a pdf copy of the modified stormwater management permit. Please note that the deed restriction
statements that must be contained within a recorded document, applicable to the Two-Eleven Midway
Subdivision, are listed in Section 11.16 on pages 5 and 6 of the permit.
These statements are required to be recorded prior to the sale of any of the permitted outparcels, and a copy
of that recorded document must be submitted to the Division within 30 days of recording.
Thank you for your prompt attention to this matter.
Linda
2

PREPARED BY:
MCGUIREWOODS LLP(PJM)
300 NORTH THIRD STREET,SUITE 400
WILMINGTON,NC 28401
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
("MDI"), 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 A,
attached ("Parcel I"); and
WHEREAS, MDI has conveyed to BEMC certain real property described in Exhibit B,
attached ("Parcel 11"), 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
\10813278.2

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 each of Parcel I and Parcel 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 II 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. Parcel 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.
f. Lots within the North Carolina Division of Coastal Manager("CAMA")
Area of Environmental Concern may be subject to a reduction in their
allowable built-upon area due to CAMA regulations.
2
\10813278.2

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 stormwater
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 Offsite 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 II 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: SeverabilitX. 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
\10813278.2

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 MANAGEMENT, INC.:
By: (SEAL)
Name:
Title:
Attest:
Name:
Title: Secretary
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public for the County and State aforesaid,
certify that personally came before me this day and acknowledged that he is
of MDI Management, 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 day of 2010.
Notary Public
Print Name:
My Commission Expires:
(NOTARIAL SEAL OR STAMP)
4
\10813278.2

BRUNSWICK ELECTRIC MEMBERSHIP
CORPORATION:
By: (SEAL)
Name:
Title:
Attest:
Name:
Title: Secretary
STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public for the County and State aforesaid,
certify that personally came before me this day and acknowledged that he is
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 day of 2010.
Notary Public
Print Name:
My Commission Expires:
(NOTARIAL SEAL OR STAMP)
5
\108132782

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 ±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").
Parcel I is described in the Stormwater Management Permit as Outparcel 9.
A-1
\10813278.2

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"NEW TRACT 1"
containing 2.423 ±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"
Parcel II is described in the Stormwater Management Permit as the BEMC Parcel.
B-1
\10813278.2

Lewis,Unda
From: Lewis,Linda
Sent: Monday, March 01, 2010 4:33 PM
To: Joel T. Weaver [e-mail])
Subject: 070935MOD.dec08
Attachments: 070935MOD.dec08.pdf
Mr. Weaver:
Thank you for responding so quickly to the Division's request for a copy of the recorded deed restrictions. As
indicated in your letter, I am contacting you to let you know that the Conservation Declaration you provided is
not the document that the Division is requesting.
I've attached a pdf copy of the modified stormwater management permit. Please note that the deed restriction
statements that must be contained within a recorded document, applicable to the Two-Eleven Midway
Subdivision, are listed in Section H.16 on pages 5 and 6 of the permit.
These statements are required to be recorded prior to the sale of any of the permitted outparcels, and a copy
of that recorded document must be submitted to the Division within 30 days of recording.
Thank you for your prompt attention to this matter.
Linda
1

McGpireWoods LLP
World Trade Center
101 West Main Street
Suite 9000
Norfolk,VA 23 51 0-1 65 5
Phone:[phone]
Fax:[phone]
www.mcguirewoods.com
Joel T.Weaver jweave
Direct:757.640.3727 GUIRE lODS Direct Fax:[phone]
February 26, 2010
RECEIVE LD ii
VIA FEDERAL EXPRESS
MAR 01 2010
North Carolina Department of Environment BY:
And Natural Resources c
Attn: Ms. Linda Lewis (icy 8 07Q 6)35
Division of Water Quality �G G�
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Recorded Deed Restrictions - Two Eleven Midway Subdivision
Stormwater Project No. SW8070935 - Brunswick County, North Carolina
Dear Ms. Lewis:
We are in receipt of your letter dated February 23, 2010 to Michael Greene, Vice
President of MDI Management, Inc., regarding deed restrictions on property located in
Brunswick County, North Carolina. A copy of that letter is enclosed for reference.
Additionally, please find enclosed a copy of the Conservation Declaration recorded on
December 17, 2009 in Book 3003, at page 1328.
Please contact me immediately if the enclosed documents does not provide you
with the information you requested.
Thank you for your cooperation and assistance.
Sincerely,
awl/
?JI ea ver
JTW/vaf
Enclosures
cc: Roger Henderson (via email w/encl.)
Scott Cook (via email w/enci.)
\10765798.1
Alma y i Atlanta I Baltimore I Brussels I Charlotte i Charlottesville I Chicago j Jacksonville I London I Los Angeles
New York I Norfolk I Pittsburgh I Raleigh i Richmond I Tysons Corner I Washington,D.C.I Wilmington

lG
^2009
lItI1lllfl1IIIIl 1111111111111 1�kL3 t1328 ifi®729 000
. Clemmons
Brunswick County, NC Register of Deeds page 1 of 15
AECE'VED
MAR 01 2010 ma �S
�ri'Y': ' Ck Pra�rttsr R�#;
Total ,�a ., Pevw,, IattO1 4rG
Ck$.,J a .�'� $ Cash$
Refund:-_Cash$ Flnance
n Portlons of document are illegible due to condition
or original,
M Docurcgnt contalna oeols verified by anginal
triedum it tied cannot be reproduced or copied,
STATE OF NORTH CAROLINA Return t0: McGuireWoods LLP
COUNTY OF BRUNSWICK
CONSERVATION DECLARATION
THIS DECLARATION OF CONSERVATION COVENANTS AND RESTRICTIONS
("Declaration")is hereby made as of this 301h day of November,2009 by the undersigned owner,
MDI Management,Inc.,a North Carolina.corporation("Covenantor").
WHEREAS, Covenantor is the owner of the property located in the County of
Brunswick,North Carolina and described on Exhibit A attached hereto(the"Property");
WHEREAS, a portion of the Property includes certain wetland areas Covenantor desires
to protect(the"Protected Areas") as a condition to the wetlands permit number 07-1401 issued
to it by the United States Army Corps of Engineers,Wilmington District,Wilmington,North
Carolina(the"Permit';and
WHEREAS, Covenantor desires to impose on the Protected Areas described in Exhibit B
and shown in Exhibit B-1 a restrictive covenant expressing Covenantor's intent to preserve said
property in perpetuity in its natural state,by prohibiting wetland destruction or alterations,
building construction, addition or fill material, cultivation,pruning, or tree harvesting in such
area.
NOW, THEREFORE,THIS DECLARATION WITNESSETH: Covenantor does hereby
unconditionally and irrevocably declare,covenant and agree, for itself and its successors and
assigns that the Protected Areas shall be hereafter held and sold subject to the following
conditions and restrictions,to-wit:
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
The Protected Areas, shown as"Wetland Preservation"on Exhibit B and described in
Exhibit B-1 attached hereto, shad be preserved in perpetuity in its natural,scenic and open
condition and restricted from any development or use that would impair or interfere with the
conservation purposes of this Declaration. Additionally,the following activities shall be
prohibited in the Protected Areas:
1

1{I11111111{l1{{I{Ill{{1111 12 17 2009
1329 16-07:23.000
Clem
Brenda M. mans
grunswivk County, NC Register of Deeds page 2 of is
A. Destruction of Wetlands. Destruction or alteration of wetlands on the Property
other than those alterations authorized by the United States.Army Corps of Engineers,
i
Wilmington Disti-ict,Wilmington,North Carolina(the"JTSACFj under the Per, it.
B. Disturbance of Natural Features. Any change disturbance,alteration or
impairment of the natural features of the Property or any introduction of non-native plants
and/or animal species is prohibited.
jC. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement,billboard or other advertising display,antenna,
utility pole,tower, conduit, line,pier, landing, dock or any other temporary or permanent
structure or facility on or above the Protected Areas.
D. Industrial. Commercial and Residential Use. Industrial,residential and/or
commercial activities,including any right of passage for such purposes are prohibited.
! E. Agricultural, Grazing and Horticultural Use. Agricultural,grazing, animal
husbandry and horticultural use of the Protected Areas are prohibited.
F. Vegetation. There shall be no removal,burning,destruction,harming, cutting or
mowing of trees, shrubs, or other vegetation on the Protected Areas.
G. Roads and Trails. There shall be no construction of roads,trails or walkways on
the Protected Areas.
H. Signag_e. No signs shall be permitted on or over the Protected.areas, except the
posting of no trespassing signs,signs identifying the conservation values of the Protected Areas,
signs giving directions or proscribing rules and regulations for the use of the Protected Areas
and/or signs identifying Covenantor as owner of the Protected Areas.
I. DurnAing or Stome. Dumping or storage of soil,trash, ashes, garbage,waste,
abandoned vehicles,appliances,machinery or hazardous substances,toxic or hazardous waste,
placement of underground or aboveground storage tanks or other materials on the Protected
Areas is prohibited.
J. Excavation,Dredging or Mineral Use. There shall be no grading,filling,
excavation,dredging,mining or drilling,no removal of topsoil,sand,gravel,rock,peat,
minerals or other materials, and no change in the topography of the land in any manner on the
Protected Areas, except to restore natural topography or drainage patterns.
K. Water Quality and Drainage Pattern. There shall be no diking,draining,
dredging, channeling, filling,leveling,pumping,impounding or related activities, altering or
tampering with water control structures or devices,disruption or alteration of the restored,
enhanced or created drainage patters. In addition, diverting or causing or permitting the
diversion of surface or underground water into,within or out of the easement area by any
means,removal of wetlands,polluting or discharging into waters,springs, seeps,or wetlands,
or use of pesticide or biocides is prohibited.
2
I

i
IIIII�flllIIIIIIIIIIIiIIIIIIIII�Iill REPRIMMons 0m®
@runswiek County, NC Register of Deeds page 3 of IS
L. Develo meet Rights. No development rights that have been encumbered or
I extinguished by this Declaration shall be transferred pursuant to a transferable development
rights scheme,cluster development arrangement or otherwise.
M. Vehicles. The operation of mechanized vehicles,including,but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
N. Other Prohibitions. Any other use of,or activity on,the Protected Areas which is
or may become inconsistent with the purposes of this Declaration,the preservation of the
Protected Areas substantially in its natural condition,or the protection of its environmental
systems,is prohibited.
ARTICLE Ii.ENFORCEMENT AND REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation
condition of authorizations issued by the USACE, and therefore may be enforced by the United
States of America. This Declaration is to run with the land and shall be binding on all parties
and all persons claiming under Covenantor.
B. The USACE,its employees and agents and its successors and assigns,have the
right,with reasonable notice,to enter the Properly at reasonable times for the purpose of
'inspecting the Protected Areas to determine whether Covenantor, Covenantor's representatives,
or assigns are complying with the terms, conditions and restrictions of this Declaration.
C. Nothing contained in this Declaration shall be construed to entitle the USACE to
bring any action against Covenantor for any injury or change in the Protected Areas caused by
third parties,resulting from causes beyond Covenantor's control,including,without limitation,
fire, flood,storm,and earth movement,or from any prudent action taken in good faith by
Covenantor under emergency conditions to prevent, abate,or mitigate significant injury to life,
damage to Protected Areas or harm to the Protected Areas resulting from such causes.
ARTICLE III. PUBLIC ACCESS
This Declaration does not convey to the public the right to enter the Protected Areas for
any purpose whatsoever.
ARTICLE IV.DOCUMENTATION AND TITLE
A. Conservation Property Condition. Covenantor represents and acknowledges that
the Protected Areas are currently undeveloped land, with no improvements other than any
existing utility lines,declarations and rights-of-way.
B. Title. Covenantor covenants and represents that Covenantor is the sole owner and
is seized of the Protected Areas in fee simple and-has good right to make the herein Declaration;
that there is legal access to the Protected Areas, that the Protected Areas are.free and clear of any
and all encumbrances,except declarations of record.
i
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3
I
.i

12-t7-2009
i{l�l{III {till{llti{11�{IIl{1111{ �3�3 �131e naf500
NC Registerof Deeds Pa
Brunswick County,
ARTICLE V.NHSCELLANEOUS
A. Conservation Purpose. Covenantor, for itself, its successors and assigns, agrees
that the Protected Areas shall be held exclusively for conservation purposes.
j B. Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Declaration and supersedes all prior discussions,negotiations,understandings
or agreements relating to the Conservation Declaration. If any provision is found to be invalid,
the remainder of the provisions of this Declaration, and the application of such provision to
persons or circumstances other than those as to which it is found to be invalid,shall not be
affected thereby.
I
C. Recording. Covenantor shall record this instrument and any amendment hereto in
timely fashion in the official records of Brunswick County,North Carolina,and may re-record it
at any time as may be required to preserve its rights.
D. Environmental Condition of Protected Areas. Covenantor warrants and represents
that to the best of its knowledge after appropriate inquiry and investigation: (a)the Protected
Areas described herein is and at all times hereafter will continue to be in full compliance with all
federal, state and local environmental laws and regulations, and(b)as of the date hereof there are
no hazardous materials,substances,wastes, or environmentally regulated substances(including,
without limitation,any materials containing asbestos)located on, in or under the Protected
Areas or used in connection therewith,and that there is no environmental condition existing on
the Protected Areas that may prohibit or impede use of the Protected Areas for the purposes set
forth in the recitals.
E. The covenants contained herein are intended to ensure continued compliance with
the mitigation condition of a Clean Water Act authorization issued by the United States of
America and shall not hereafter be altered in any respect without the express written approval
and consent of Covenantor or its successor in interest,and the USACE. These covenants are to
run with the land and shall be binding on all parties and persons claiming under them.
F. The provisions hereof shall be deemed individual and severable and the invalidity
Z�­or partial invalidity unenforceability of any one provision or any portion thereof shall not
affect the validity or enforceability of any other provision thereof.
G. The provisions hereof shall be enforceable by any proceeding at law or in equity
by the USACE or the North Carolina Department of Environment and National Resources.
Failure by any agency to enforce any covenant or restriction contained herein shall in no event be
deemed a waiver of the right to do so thereafter.
WITNESS the following signature effective as of the day and year first above written.
MDI MANAGEMENT, INC.,
a North Carolina corporation
i
I By:
Title: Pre st C+1
4

i
ll11111111 83003 P1332 t2_ 7_20�000
1 llllll111111111111111{III Brenda M. CIammons�
�runswiek County, NC Register of Deeds page 5 of 35
STATE OF NOlt CAROLINA
COUNTY OF
I, >961 the undersi ed Notary Public of the
County and State aforesaid, certify that
personally appeared before me this day and acknow ge that he is
of MBI Management,Inc., a North Carolina corporation,and that he in such capacity and being
authorized to do so, executed the foregoing instrument on behalf of the corporation for the
purposes therein expressed.
Witnessy hand and Notarial stamp or seal this day of 2009.
4�/••,•.u,, r I�w\.:.,;�.•{.; .;'. ` Notary Public
. ... � +�. J :�, ``' :to . .:�'=`_•'....: : M.3 •j •I+ �;�! .�.h �o�l,e7�plre5: .,�''�.. /D_ �../f _,_
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q ' `tratcxl;%iritier: "
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i
12-97 2009
L 830 D03 P1333 9 .235
Sru
nswlo County, Register ofeeds page 5 of 7
I
EXHIBIT A
PARCEL ONE
6
BEING all of that certain real property located in Brunswick County,North Carolina, and being
more particularly described as follows:
BEGINNING at'a point, said point being an iron rod by a concrete monument in the northern
right-of-way line of N.C. Highway 211,"Southport-Supply Road SE"(N.C.Highway 211
having a 100 foot right-of-way at this point), said point being approximately 350 feet
northwest of the centerline intersection point of the centerline of N.C. Highway 211 and S.R.
1500"Midway Road SE"; said point being further located South 01 degree 45 minutes 11
seconds East 287.11 feet from an existing iron pipe corner, said corner being the northwest
corner of the Brunswick Electric Membership Corp.property as recorded in Deed Book 150,
Page 187,Brunswick County Registry,and as shown on that certain plat recorded in Map
Cabinet V,Page 322,Brunswick County Registry. From said point of Beginning,runs thence
with and along the northern right-of-way line of N.C.Highway 211,North 74 degrees 28
minutes 47 seconds West 879.23 feet to an iron rod set;runs thence leaving said right of way
line,North 15 degrees 31 minutes 13 seconds East 300.00 feet to an iron rod set;runs thence
South 74 degrees 28 minutes 47 seconds East 785.93 feet to an iron'rod set;runs thence South 01
degree 45 minutes 11 seconds East 314.27 feet to an iron rod and concrete monument,the place
and point of BEGINNING,containing 5.73 acres,and being Tract A as shown on a subdivision
plat for Steven B. Edwards et al,prepared by Boney Land Surveyors,Inc., dated July 14,2000
and recorded in Map Cabinet 23,Page 323,office of the Register of Deeds of Brunswick
County,North Carolina, said property being subject to easements shown thereon and of record.
PARCEL TWO
i
BEGINNING at a point in the western right-of-way of SR 1500(Midway Road),said
BEGINNING POINT being an iron pipe located in the southeast corner of a tract of land
conveyed to Samuel W. Spencer, et ux,by deed recorded in Book 781 at Page 116 of the
Brunswick County Registry;run thence from said beginning point South 01' 14'35" East 999.27
feet to an iron pipe;run thence North 870 14' 5 8" West 100.14 feet to an iron pipe;run thence
1 South 010 16' 51"East 50.10 feet to an iron pipe;run thence North 87° 12' 33"West 192.35 feet
to an iron pipe;run thence South 010 45' 1 V East 287.13 feet to an iron pipe and old concrete
monument;run thence North 74' 28'47"West 1,279.23 feet to an iron pipe;run thence North
190 30'37" East 893.98 feet to an iron pipe;run thence North 62°39'28"East 310.54 feet to an
old sweet gum;run thence North 41° 35' 03" East 12.20 feet to an old pipe;run thence South 891
04' 17"East 910.74 feet to the place and point of BEGINNING;containing 34.84 acres more or
less, as surveyed by David B. Goldston,Jr.,R.L.S., a map of said survey being recorded in Map
Cabinet V at Page 322 of the Brunswick County Registry,said tract having the metes,bounds
and location as shown on said map,LESS AND EXCEPTING,however,that certain 5.73 acre
tract conveyed by GRANTOR in Book 1412 at Page 457 of the Brunswick County Registry,
which property is also Tract A as shown on that subdivision plat for Steven B.Edwards et al,
I prepared by Boney Land Surveyors, Inc., and recorded in Map Cabinet 23 at Page 323,of the
Brunswick County Registry.
A-1
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83003 P1334 16:e7: 096
11fll1l 1111 Jill 111111 Ll wend' M. Clem 7 ofons
-6�
PARCEL TbIREE Brunswick unswick County. Register of Deeds page
BEGINNING at a point in the western right of way of SR 1500 said beginning point being
located as follows: From the i.^tersection of the ccntcrlines of SR 1500 and NC 211 and North
with the center line of SR 1500 1,464.13 feet;thence North 84-03-40 West 30.00 feet to a point
in the western right of way of SR 1500 being the point and place of Beginning;thence,North 89-
03-40 West 910.68 feet to an iron pipe in a ditch;thence North 25-20-35 East 75.00 feet to an
iron pipe in said ditch; thence North 30-50-25 East 126.41 feet to an iron pipe in the intersection
of said ditch with the run of a small branch;thence with the run of said branch to an iron pipe;
thence North 40-47-18 East 31.15 feet to an iron pipe;thence North 89-33-43 East 741.35 feet to
an iron pipe in the western right of way of SR 1500;thence South 01-05-17 East with said right
of way 209.33 feet to the point and place of beginning; containing 3.90 acres and being that 3.90
acre tract on that survey by Alvie E. Lewis,R.L.S. dated June 27, 1989 recorded with that Deed
in Deed Book 781 at page 116 in the office of the Brunswick County Register of Deeds,state of
North Carolina.
A-2

I ilililfll fllilitffllfl 12-17-2009
filfflfll fl f 83003 �1335 16:67:23.ON
Brenda M. Cle+amons
Brunswick County, NC Register of Deeds page $ of iS
EXHIBIT B
STREAM CONSERVATION AREA(DB 2362/413);
COMMENCING AT AN EXISTING IRON ROD AT THE NORTHEASTERLY CORNER OF
THE 3.90 ACRE MDI MANAGEMENT,INC PROPERTY,AS RECORDED IN DEED BOOK
2362 PAGE 413 (FORMERLY THE ACRE SPENCER PROPERTY).
THENCE, S 890 33'06" W,A DISTANCE OF 741.28 FEET TO A POINT;
THENCE, S 400 02'27" W,A DISTANCE OF 30.68 FEET TO A POINT;
THENCE, N 760 52'32"W,A DISTANCE OF 43.02 FEET TO THE POINT OF BEGINNING
FOR THIS DESCRIPTION;
THENCE,N 760 52' 32" W,A DISTANCE OF 6.76 FEET TO A POINT;
THENCE, S 30°49'48"W,A DISTANCE OF 126.66 FEET TO A POINT;
THENCE, S 25° 19' 58"W,A DISTANCE OF 75.00 FEET TO A POINT;
THENCE,S 890 04' 17"E,A DISTANCE OF 6.67 FEET TO A POINT;
THENCE,N 26° 53'51" E,A DISTANCE OF 28.08 FEET TO A POINT;
THENCE,N 22°20'56" E,A DISTANCE OF 30.90 FEET TO A POINT;
THENCE,N 26°52' 11" E,A DISTANCE OF 10.15 FEET TO A POINT;
THENCE,N 28°49'43" E,A DISTANCE OF 61.46 FEET TO A POINT;
THENCE,N 300 32'25"E,A DISTANCE OF 26.39 FEET TO A POINT;
THENCE,N 380 42'31"E,A DISTANCE OF 12.06 FEET TO A POINT;
THENCE,N 33° 09' 32"E,A DISTANCE OF 24.52 FEET TO A POINT;
THENCE N 330 09'32"E A DISTANCE OF 7.09 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 0.024 ACRES,MORE OR LESS
STREAKY CONSERVATION AREA(DB 2362/409);
i COMMENCING AT AN EXISTING IRON ROD AT THE NORTHEASTERLY CORNER OF
f THE 3.90 ACRE MDI MANAGEMENT,INC PROPERTY,AS RECORDED IN DEED BOOK
2362 PAGE 413 (FORMERLY THE ACRE SPENCER PROPERTY).
THENCE, S 890 33'06" W, A DISTANCE OF 741.28 FEET TO A POINT;
THENCE, S 400 02'27"W,A DISTANCE OF 30.68 FEET TO A POINT;
THENCE, N 760 52'32" W,A DISTANCE OF 49.78 FEET TO A POINT;
THENCE, S 30°49'48" W,A DISTANCE OF 126.66 FEET TO A POINT;
THENCE, S 250 19'58" W, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING
FOR THIS DESCRIPTION&BEING ON THE COMWON LINE OF SAID DEED BOOK 2362
PAGE 413& THE 29.11 ACRE MDI MANAGEMENT,DIC PROPER TYAS RECORDED IN
i
DEED BOOK 2362 PAGE 409.
j THENCE WITH SAID COMMON LINE, S 89° 04' 17" E,A DISTANCE OF 6.99 FEET TO A
POINT;
B-1

l!f ffl If illl!!i Ifllll l Ill 12-17-M9
lfllil!!i1!f 83003 P1336 16:07:23.000
Brenda M. C1em n
Brunswick County, NC Register of Deeds page 9 of 15
THENCE LEAVING SAID COMMON LINE, S 240 49'51"W,A DISTANCE OF 42.35 FEET
TO A POINT;
THENCE, S 23° 53'42" W,A DISTANCE OF 28.28 FEET TO A POINT;
THENCE, C 350 S3'Or" W,A DLTA�ICE OF 1$.7.4 FEET TO A POINT,
THENCE,S 060 03'40" W,A DISTANCE OF 59.67 FEET TO A POINT;
THENCE, S 07° 16'35" W,A DISTANCE OF 62.87 FEET TO A POINT;
THENCE, S 020 14' 13"W,A DISTANCE OF 58.42 FEET TO A POINT;
THENCE, S 11°46'53"W,A DISTANCE OF 33.84 FEET TO A POINT;
THENCE, S 03° 54'22"W,A DISTANCE OF 56.61 FEET TO A POINT;
THENCE, S 08° IT 49"W,A DISTANCE OF 52.73 FEET TO A POINT;
THENCE, S 22°52'22"W,A DISTANCE OF 27.62 FEET TO A POINT;
THENCE, S 03°48' 13" W,A DISTANCE OF 59.05 FEET TO A POINT;
THENCE, S 26°46' 04" W,A DISTANCE OF 31.77 FEET TO A POINT;
THENCE, S 81°40' 19".W,A DISTANCE OF 10.57 FEET TO A POINT;
THENCE,N 750 15'27"W,A DISTANCE OF 34.76 FEET TO A POINT;
THENCE,N 73°38'46"W,A DISTANCE OF 68.45 FEET TO A POINT;
THENCE,N 79°34'29"W,A DISTANCE OF 23.74 FEET TO A POINT;
THENCE, S 16°22'32" W,A DISTANCE OF 22.66 FEET TO A POINT;
THENCE, S 070 36'45"W,A DISTANCE OF 65.73 FEET TO A POINT;
j THENCE, S 130 29'41"W,A DISTANCE OF 20.50 FEET TO A POINT;
THENCE,N 76° 30' 19"W,A DISTANCE OF 10.00 FEET TO A POINT;
THENCE,N 13° 29'41"E,A DISTANCE OF 19.98 FEET TO A POINT;
THENCE,N 07° 36'45"E,A DISTANCE OF 65.98 FEET TO A POINT;
THENCE,N 160 22'32"E,A DISTANCE OF 32.44 FEET TO A POINT;
THENCE,S 79°34'29" E,A DISTANCE OF 33.27 FEET TO A POINT;
THENCE, S 730 38'46"E,A DISTANCE OF 68.77 FEET TO A POINT;
THENCE, S 75°54'42" E,A DISTANCE OF 36.62 FEET TO A POINT;
THENCE,N 24°29' 11" E,A DISTANCE.OF 25.05 FEET TO A POINT;
THENCE,N 03°48' 13" E,A DISTANCE OF 58.90 FEET TO A POINT;
THENCE,N 22° 52'22" E,A DISTANCE OF 28.02 FEET TO A POINT;
THENCE,N 080 12'49" E,A DISTANCE OF 51.06 FEET TO A POINT;
THENCE,N 03° 54'22" E,A DISTANCE OF 56.92 FEET TO A POINT;
THENCE,N 11° 46'53" E,A DISTANCE OF 33.69 FEET TO A POINT;
THENCE,N 02° 14' 13"E,A DISTANCE OF 58.03 FEET TO A POINT;
THENCE,N 07° 16'35"E,A DISTANCE OF 63.20 FEET TO A POINT;
THENCE,N 06°03'40"E,A DISTANCE OF 62.22 FEET TO A POINT;
THENCE,N 350 53'01"E,A DISTANCE OF 20.36 FEET TO A POINT;
THENCE,N 230 53'42" E,A DISTANCE OF 27.32 FEET TO A POINT;
THENCE,N 240 49'51"E,A DISTANCE OF 28.99 FEET TO A POINT ON THE
WESTERLY PROPERTY LINE OF THE PROPERTY DESCRIBED IN SAID 2362 PAGE
409;
THENCE WITH SAID WESTERLY PROPERTY LINE,N 430 37 35"E,A DISTANCE OF
11.21 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 0.178 ACRES,MORE OR LESS
B-2
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Illil lllll 11111111 11 fill 11 ll11111111 ,2_„_2®09
13Mrenda M. Cismmons
Brunswick County, C Register of Deeds page 10 of 15
WETLAND CONSERVATION AREA(DB 2362/413);
COMMENCING AT AN EXISTING IRON ROD AT THE NORTHEASTERLY CORNER OF
THE 3.90 ACRE MDI MANArEMFNTy INC PROPERTY,AS RECORDED IN DEED BOOK
2362 PAGE 413 (FORMERLY THE ACRE SPENCER PROPERTY).
THENCE, S 890 33'06" W,A DISTANCE OF 591.19 FEET TO THE POINT OF BEGINNING
FOR THIS DESCRIPTION,
THENCE, S 89° 33'06" W,A DISTANCE OF 145.72 FEET TO A POINT;
THENCE, S 48° 03'31" W,A DISTANCE OF 8.54 FEET TO A POINT;
THENCE, S 39° 11'04'° W, A DISTANCE OF 10.50 FEET TO A POINT;
THENCE, S 34° 23' 02"W,A DISTANCE OF 7.47 FEET TO A POINT;
THENCE, S 76°35' 53" W,A DISTANCE OF 9.02 FEET TO A POINT;
THENCE,N 850 08' 57" W,A DISTANCE OF 11.90 FEET TO A POINT;
THENCE,N 85° 14'55" W,A DISTANCE OF 20.53 FEET TO A POINT;
THENCE, S 88°33'27" W,A DISTANCE OF 11.58 FEET TO A POINT;
THENCE, S 33° 09'32" W,A DISTANCE OF 24.52 FEET TO A POINT;
j THENCE, S 38°42'31" W,A DISTANCE OF 12.06 FEET TO A POINT;
THENCE, S 300 32'25"W,A DISTANCE OF 26.39 FEET TO A POINT;
THENCE, S 28°49'43"W,A DISTANCE OF 61.46 FEET TO A POINT;
THENCE, S 26° 52' 11" W,A DISTANCE OF 10.15 FEET TO A POINT;
THENCE, S 22°20'56" W,A DISTANCE OF 30.90 FEET TO A POINT;
THENCE,S 26° 53'51" W,A DISTANCE OF 28.08 FEET TO A POINT&BEING ON THE
COMMON LINE OF SAID DEED BOOK 2362 PAGE 413 &THE 29.11 ACRE MIDI
MANAGEMENT, INC PROPERTY AS RECORDED IN DEED BOOK 2362 PAGE 409;
THENCE WITH SAID COMMON LINE, S 89° 04' 17"E,A DISTANCE OF 57.49 FEET TO
A POINT; THENCE LEAVING SAID COMMON LINE,N 32°28' 18"E,A DISTANCE OF
13.53 FEET TO A POINT;
THENCE,N 61° 09' 12"E,A DISTANCE OF 34.01 FEET TO A POINT;
THENCE,N 79° 00' 02" E,A DISTANCE OF 20.86 FEET TO A POINT;
THENCE,N 32° 32'00"E,A DISTANCE OF 19.10 FEET TO A POINT;
j THENCE,N 09° 00' 35" E,A DISTANCE OF 21.21 FEET TO A POINT;
THENCE,N 36° 36' 52" W,A DISTANCE OF 17.57 FEET TO A POINT;
i THENCE,N 07° 02'20" E,A DISTANCE OF 24.13 FEET TO A POINT;
THENCE,N 26° 58'08" E,A DISTANCE OF 25.44 FEET TO A POINT;
THENCE,N 17°28' 08"E,A DISTANCE OF 36.29 FEET TO A POINT;
THENCE, S 74° 52' 03" E,A DISTANCE OF 17.16 FEET TO A POINT;
THENCE, S 87° 06'07" E,A DISTANCE OF 23.88 FEET TO A POINT;
THENCE, S 63°47' 54" E,A DISTANCE OF 18.52 FEET TO A POINT;
THENCE,N 530 06' 17" E,A DISTANCE OF 46.52 FEET TO A POINT;
THENCE,N 48° 27 43" E,A DISTANCE OF 18.67 FEET TO A POINT;
THENCE, S 77° 50'49"E,A DISTANCE OF 27.52 FEET TO A POINT;
THENCE,N 78° 31'30" E; A.D STI%,.NCE OF 30.62 FEET TO THE POINT OF BEGINNING,
CONTAININTG AN AREA OF 0.365 ACRES,MORE OR LESS
B-3

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I RU1413C3180mmons01)
16-07-23.000
III
Brunswick County, NC Register of Deeds page 11 of 15
WETLAND CONSERVATION AREA(DB 2362/409-REMAINDER OF AREA YA
COMMENCING AT AN EXISTING IRON ROD AT THE NORTHEASTERLY CORNER OF
THE SPENCER PROPERTY,NOW OR FORMERLY,AS DESCRIBED IN DEED BOOK 781
PAGE 116.
THENCE, S 890 33'06"W,A DISTANCE OF 741.28 FEET TO A POINT;
THENCE, S 400 02'27"W,A DISTANCE OF 30.68 FEET TO A POINT;
THENCE, N 760 52'32" W,A DISTANCE OF 49.78 FEET TO A POINT;
THENCE, S 300 49'48"W, A DISTANCE OF 126.66 FEET TO A POINT;
THENCE, S 250 19'58"W,A DISTANCE OF 75.00 FEET TO A POINT,
THENCE, S 890 04'17"E, A DISTANCE OF 6.99 FEET TO THE POINT OF BEGINNING FOR
j THIS DESCRIPTION&BEING ON THE COMMON LINE OF SAID DEED BOOK 2362 PAGE
I 413 & THE 29.11 ACRE MDI MANAGEMENT, INC PROPER TYAS RECORDED 17V DEED
BOOK 2362 PAGE 409.
THENCE, S 24°49' 51"W,A DISTANCE OF 42.35 FEET TO A POINT;
THENCE, S 23° 53'42"W,A DISTANCE OF 28.28 FEET TO A POINT;
THENCE, S 35° 53'01"W,A DISTANCE OF 18.74 FEET TO A POINT;
THENCE, S 06° 03'47" W,A DISTANCE OF 59.77 FEET TO A POINT;
THENCE, S 07° 16' 35" W,A DISTANCE OF 10.54 FEET TO A POINT;
THENCE,S 070 16'35"W,A DISTANCE OF 33.64 FEET TO A POINT;
THENCE,S 07° 16'35"W,A DISTANCE OF 19.59 FEET TO A POINT;
THENCE, S 02° 14' 13" W,A DISTANCE OF 58.42 FEET TO A POINT;
THENCE, S 11°46' 53"W,A DISTANCE OF 33.84 FEET TO A POINT;
THENCE, S 03° 54'22"W,A DISTANCE OF 56.61 FEET TO A POINT;
THENCE, S 08° 12'49" W,A DISTANCE OF 52.73 FEET TO A POINT;
THENCE, S 22° 52'22" W,A DISTANCE OF 27.62 FEET TO A POINT;
THENCE, S 030 18'41" W,A DISTANCE OF 28.62 FEET TO A POINT;
THENCE,N 70° 36'29" E,A DISTANCE OF 16.63 FEET TO A POINT;
THENCE, S 18° 03'25" E,A DISTANCE OF 22.73 FEET TO A POINT;
THENCE,N 51° 11' 36" E,A DISTANCE OF 36.25 FEET TO A POINT;
THENCE,N 25° 35' 37" E,A DISTANCE OF 44.72 FEET TO A POINT;
THENCE,N 23°27' 15" E,A DISTANCE OF 35.25 FEET TO A POINT;
THENCE, S 59° 14' 53" E,A DISTANCE OF 21.35 FEET TO A POINT;
THENCE, S 59° 14' 53"E,A DISTANCE OF 21.35 FEET TO A POINT;
THENCE,N 32° 08'26" E,A DISTANCE OF 32.96 FEET TO A POINT;
THENCE,N 03° 28'28" E,A DISTANCE OF 28.50 FEET TO A POINT;
THENCE,N 22° 57'41" W, A DISTANCE OF 41.26 FEET TO A POINT;
THENCE,S 86° 03'45"E,A DISTANCE OF 20.35 FEET TO A POINT;
THENCE,N 270 54' 55" W,A DISTANCE OF 43.16 FEET TO A POINT;
THENCE,N 08° 54' 08" E,A DISTANCE OF 38.85 FEET TO A POINT;
THENCE,N 050 09' 29" W,A DISTANCE OF 45.17 FEET TO A POINT;
THENCE,N 08° 31' 18" W,A DISTANCE OF 13.47 FEET TO A POINT;
THENCE,N 080 31' 18"W,A DISTANCE OF 32.13 FEET TO A POINT;
THENCE,N 080 31' 18" W,A DISTANCE OF 5.57 FEET TO A POINT;
THENCE,N 27°27' 19" W,A DISTANCE OF 58.35 FEET TO A POINT;
B-4
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IIIIIIllllIIIIIIIlIIIIIIIII1II11IIIII 13113P13 m,Clemons
Brunswick County, NC Register of Deeds page 12 of 15
THENCE,N 60°42'46" E,A DISTANCE OF 37.64 FEET TO A POINT;
THENCE,N 08° 41'33" E,A DISTANCE OF 39.81 FEET TO A POINT;
THENCE,N 30°02'23" E,A DISTANCE OF 25.86 FEET TO A POINT;
THENCE,?�T 89°04' 17" W,A DISTTANCE OF 56.09 FEET TO THE POINT OF BEGINNING.
EXCLUSION FROM WETLAND CONSERVATION AREA(YA):
COMMENCING AT SAID POINT OF BEGINNING OF THE ABOVE DESCRIBED
CONSERVATION AREA;
THENCE, S 240 49'51"W,A DISTANCE OF 42.35 FEET TO A POINT;
THENCE, S 23°53'42" W,A DISTANCE OF 28.28 FEET TO A POINT;
THENCE, S 350 53'01" W,A DISTANCE OF 18.74 FEET TO A POINT;
THENCE, S 060 03'40" W,A DISTANCE OF 59.56 FEET TO A POINT;
THENCE, S 070 15'52" W, A DISTANCE OF 10.75 FEET TO THE POINT OF BEGINNING
j
THENCE,N 820 08' 10" E,A DISTANCE OF 80.65 FEET TO A POINT;
THENCE, S 08° 31' 18" E,A DISTANCE OF 32.13 FEET TO A POINT;
THENCE, S.81° 55' 15" W,A DISTANCE OF 89.80 FEET TO A POINT;
THENCE,N 070 16' 35" E,A DISTANCE OF 33.64 FEET TO THE POINT OF BEGINNING.
CONTAINING A NET AREA OF 0.805 AC.,MORE OR LESS
WETLAND CONSERVATION AREA(REMAINDER OF YB);
COMMENCING AT AN EXISTING IRON ROD AT THE NORTHEASTERLY CORNER OF
THE SPENCER PROPERTY,NOW OR FORMERLY,AS DESCRIBED IN DEED BOOK 781
PAGE 116.
THENCE, S 890 33'06" W,A DISTANCE OF 41.28 FEET TO A POINT;
THENCE, S 400 02'27" W,A DISTANCE OF 30.68 FEET TO A POINT;
THENCE, N 760 52'32"W,A DISTANCE OF 49.78 FEET TO A POINT;
THENCE, S 30°49'48" A, A DISTANCE OF 126.66 FEET TO A POEVT;
THENCE, S 25°19'58"W, A DISTANCE OF 75.00 FEET TO A POINT;
THENCE, S 89°04'17"E, A DISTANCE OF 6.99 FEET TO A POINT&BEING ON THE
COMMON LINE OF SAID DEED BOOK 2362 PAGE 413 &THE 29.11 ACRE MDI
MANAGEMENT, INC PR OPER TY AS RECORDED INDEED BOOK 2362 PAGE 409.;
THENCE, S 240 49'51" W,A DISTANCE OF 42.35 FEET TO A POINT;
THENCE, S 23°53'42" W A DISTANCE OF 28.28 FEET TO A POINT;
THENCE, S 350 53'01" W,A DISTANCE OF 18.74 FEET TO A POINT;
THENCE, S 060 03'47"W,A DISTANCE OF 59.77 FEET TO A POINT;
THENCE, S 07016'35"W,A DISTANCE OF 10.54 FEET TO A POINT'
THENCE, S 07016'35" W,A DISTANCE OF 33.64 FEET TO A POINT-
THENCE, S 07016'35"W,,A DISTANCE OF 18.59 FEET TO A POINT;
THENCE, S 020 14'13"W,A DISTANCE OF 58.42 FEET TO A POINT;
THENCE, S 11°46'53" W,A DISTANCE OF 33.84 FEET TO A POINT
THENCE, S 03°54'22" W,A DISTANCE OF 56.61 FEET TO A POINT;
THENCE, S 08012'49" W,A DISTANCE OF 52.73 FEET TO A POINT
B-5

II111 1217_��11111Iill11111111111111111111111B303F1340 1e:07:23.0 00
Clemmons Brunswick County, NC Register of Deeds page 13 of 15
THENCE, S 22°52'22"W,A DISTANCE OF 27.62 FEET TO A POINT;
THENCE, S 03°18'41" W, A DISTANCE OF 28.62 FEET TO A POINT,
THENCE, S 04015'58" W, A DISTANCE OF 30.43 FEET TO THE POINT OF BEGINNING
FOR PHIS DESCRUPTTO N.
I
THENCE, S 260 46'04" W,A DISTANCE OF 31.77 FEET TO A POINT;
THENCE, S 810 40' 19"W,A DISTANCE OF 10.57 FEET TO A POINT;
THENCE, S 19° 54' 15"E,A DISTANCE OF 27.77 FEET TO A POINT;
THENCE,S 58°45' 13"W,A DISTANCE OF 40.12 FEET TO A POINT;
THENCE,S 62° 38'00"W,A DISTANCE OF 104.43 FEET TO A POINT;
THENCE, S 320 56' 17"E,A DISTANCE OF 19.91 FEET TO A POINT;
THENCE, S 51° 12' 59"E,A DISTANCE OF 25.47 FEET TO A POINT;
THENCE,N 74°40'34" E,A DISTANCE OF 51.01 FEET TO A POINT;
THENCE,N 790 59'20" E,A DISTANCE OF 66.00 FEET TO A POINT;
THENCE,S 540 53'07"E, A DISTANCE OF 58.15 FEET TO A POINT;
THENCE,S 180 34' 56"E,A DISTANCE OF 18.26 FEET TO A POINT;
THENCE,N 39°53'37"E,A DISTANCE OF 50.15 FEET TO A POINT;
THENCE,N 560 53' 56"W,A DISTANCE OF 7.20 FEET TO A POINT;
THENCE,N 64° 52' 15"W,A DISTANCE OF 45.20 FEET TO A POINT;
THENCE,N 340 06'29"W,A DISTANCE OF 46.19 FEET TO A POINT;
THENCE,N 22° IT 29"W,A DISTANCE OF 47.15 FEET TO A POINT;
THENCE,N 45°27 07"W, A DISTANCE OF 16.33 FEET TO THE POINT OF BEGINNING;
CONTAINING AN AREA OF 0.290 AC.,MORE OR LESS
i
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I
B-6
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Brunswick CIIiItero Deeds page IT of 15
EXHIBIT 33-1
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3If (OD51 VO 3S OVOx AyNlam
o AI r [ 'F1N0 ELEVEN MIDWAY WITHERS RAlVEMEL
25AI ACRE FARM11 [N[INi[!i 1 PLAM[E[S 1 SONy[YO Rf
V gg oQxOaurautcxa� ILwxIwKIGWwM +Lx.wgaOlw
ca
k 1VE•TLANO&STREAM CONSERVATION EXHIBIT
THIS MAP IS NOT A CERTIFIED SURVEY AND
HAS NOT BEEN REVIEWED BY A LOCAL B'-1 1
GOVERNMENT AGENCY FOR COMPLIANCE WITH
ANY APPLICABLE.LAND DEVELOPMENT
REGULATIONS.
I

12 17 2009
��C�B���NC Register Brenda M. Cle i"f3150
j Brunswick y, 4
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3.90 ACRE FARM fens
V � � Iu+n wcr-'s,�r+n .m�e:erev,en
a° t' WETLAND a STREAM CONSERVATION E7 98ff
I
THIS MAP IS NOT A CERTIFIED SURVEY AND
HAS NOT BEEN REVIEWED BY A LOCAL R-
GOVERNMENT AGENL CY FOR COMPLIANCE WITH
ANY APPLICABLE LAND DEVELOPMENT
REGU A70NS.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 23, 2010
Michael Greene, Vice President
MIDI Management, Inc.
1381 Old Mill Circle
Winston-Salem, NC 27114
Subject: REQUEST FOR RECORDED DEED RESTRICTIONS
Two-Eleven Midway Subdivision
Stormwater Project No. SW8 070935
Brunswick County
Dear Mr. Greene:
On December 5, 2008, the Wilmington Regional Office issued a Stormwater
Management Permit to you for Two-Eleven Midway Subdivision. Per Sections 11.16 and
11.17 of the permit, deed restrictions must be recorded prior to selling lots and a copy of
the recorded deed restrictions must be forwarded within 30 days of the date of
recording. A review of our files indicates that, as of this date, a copy of the recorded
deed restrictions has not been received in this Office.
Failure to record and/or provide a copy of the recorded deed restrictions prior to selling
lots is a violation of your permit, and subject to enforcement action. Please forward a
copy of the recorded deed restrictions to this Office at the address below by March 23,
2010, or enforcement action may be initiated and may include recommendations for civil
penalties and revocation of the permit.
If you have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer III
GDS/arl: S:IWQSISTORMWATER\DEEDREST1070935.feb10
cc: Brunswick County Inspections
Wilmington Regional Office Stormwater File
DWQ Central Files
Wilmington Regional Office
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 e
Phone:[phone] FAX:[phone] Customer Service:1-877-623-6746 AhCarob
Internet:vrww.ncwaterquality.org �atlJlt'�!!l,
An Equal Opportunity 1 Affirmative Action Employer

WITHERS &— RAVENEL L
ENGINEERS I PLANNERS 1 SURVEYORS
1 io Commonwealth Drive,Suite ioi DATE 12/22/0 a N ' O o806 8
4 ATTENTION
WILMINGTON,NORTH CAROLINA,28403 Chris Baker
PHONE#
[phone] 6- 0
RE:
FAX(9io)256-2584 Two-Eleven Midway
Stormwater Permit No. SW8 o7o935
To: Chris Baker
NC Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
WE ARE SENDING YOU ®Attached ❑ Underseparate covervia the following items:
❑ Shop Drawings ❑ Prints ® Plans ❑Samples ❑Specifications
❑ Copy of Letter ❑ Change order ❑ Diskette ❑
COPIES DATE NO. DESCRIPTION
1 12/4/09 - Partial Certification
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑Approved as submitted ❑ Resubmit 2 copies for approval
❑ Foryour use ❑Approved as noted ❑ Submit copies for distribution
®As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS: Chris: I am providing this partial certification for the stormwater ponds at 211-Midway. We
Are currently working with Brunswick Electric to move their site which will utilize the stormwater ponds.
They are built and stabilized, but there has been no wetlands planting because there was no water in the
Ponds and the shopping center is not built. Please give me a call if you need to discuss.
COPY TO: File SIGNED: - Derek M. Roberts, P.E.
if enclosures are not as noted,kindlynot%ly us at once.