SW8070935_Historical File_20180130

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Energy,Mineral& WILLIAM E. (TOBY) VINSON, JR.
Land Resources
lntertm Director
ENVIRONMENTAL QUALITY
January 3 0, 2018
MDI Management,LLC
Attn: Boyd L. George,President
120 4t'Street SW
Hickory,NC 28602
Subject: Approved Minor Modification
Two-Eleven Midway
Stormwater Permit No. SW8 070935
Brunswick County
Dear Mr. George:
On January 26,2018,the Wilmington Regional Office of the Division of Energy,Mineral and Land
Resources received a complete minor modification application for changes to the approved plans for
Stormwater Management Permit Number SW8 070935. It has been determined that the nature of the
proposed change meets the definition of a minor modification in that it does not result in an increase in
the size of the permitted stormwater control measure (SCM)and does not increase the amount of built-
upon area. Please refer to Attachment 1 for a detailed description of the current proposed minor
modification and a list of all the past modifications approved during the effective period of the permit.
We are forwarding you an approved copy of the modified plans for your files.Please add the attached
plans to the previously approved plan set.
Please be aware that all terms and conditions of the permit issued on December 5,2008,remain in full
force and effect. Please also understand that the approval of this minor modification to the subject State
Stormwater Permit is done on a case-by-case basis. Any other changes to this project must be approved
through this Office prior to construction. The approval of this minor modification 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 me at(910)796-7215 or
via email at [e-mail].
Sincerely,
�01
Christine Hall
Environmental Engineer
Enclosures: Attachment I—Permitting History
Attachment 2—Built-Upon Area Allocation
1GDS\cash: \\\Stormwater\Permits&Projects\2007\070935 14D\2018 01 perrait minor 070935
cc: Brian Upton,PE;The Isaacs Group
Wilmington Regional Office Stormwater File
State of North Carolina I Ernyimnmental Quality I Energy.Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,NC 28405
910 796 7215

State Stormwater Management Systems
Permit No. 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 HWY 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. The maximum amount of built-
upon area (BUA) allowed for the entire project is 1,216,200 square feet.
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 1.8 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 1.8 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 No. 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. Lot 5A has been retained by the owner and proposes a total of 23,280 square feet of
built-upon area, which includes 23,280 square feet of proposed built-upon area and 0
square feet of future built-upon area.
8. 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, ftz: 39,548
Outparcel #3, ft2: 59,717
Outparcel #4, ft2: 79,492
Outparcel #5A, ftz: 23,280
Outparcel #513, ftz: 50,226
Outparcel #6, ft2: 55,367
Outparcel #7 ftz: 57,345
Outparcel #8A, ft2: 45,084
Outparcel #813, ft2: 67,232
Outparcel #9A, ft2: 35,593
Outparcel #9B, ft2: 51,413
BEMC, ft2: 96,102
Future, ftz: 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.
Page 2 of 8

State Stormwater Management Systems
Permit No. SW8 070935
2. The permittee shall review all lot plans for new 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.
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.
Page 3 of 8

State Stormwater Management Systems
Permit No. SW8 070935
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.
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 piace
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 BUA (ft2)
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.
Page 4 of 8

State Stormwater Management Systems
Permit No. SW8 070935
g. Lots within CAMA's Area of Environmental Concern may be subject 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.
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
Page 5 of 8

State Stormwater Management Systems
Permit No. SW8 070935
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.
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 modified and re-issued this the 30th day of January 2018
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
.- Ae-� at��7�Q—
,,Tracy Davi P.E., Director
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 No. 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, havina 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

State Stormwater Management Systems
Permit No. 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 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

Attachment 1-Permitting History
Two-Eleven Midway
Permit No.SW8 070935
.Approval Permit.Action RIMS Description of the Changes
Date Version
4/17/2008 Original Approval 1.0
12/5/2008 Modification 1.1 Redesigned the site layout and reallocated the built-upon area.
Permit Extension. New expiration date: 5/12/21
6/30i2016 Plan Revision 1.2 Update the permittee's legal name,point of contact, and mailing address.
Changes to the site layout,outparcel configuration, and BUA allocation.
Reducing the future BUA allocated to the main parcel by 15,014 sq ft.
Approving the development of Lot 5A. The permittee retained ownership of
1/30/2019 Minor Modification 1.3 this lot. Lot 5A used 23,280 sq ft of BUA and has 0 sq ft remaining for future
development.
Page 1 of 1

Attachment 2 - Built-Upon Area Allocation
Two-Eleven Midway
Permit No. SW8 070935
Lot#from Offsite Permit Date IAllocated Proposed BUA
Master Permit No. Issued OfFsite Project Name BUA(sf)_ _ (sf)
_
- 1 ----- - ----� 39,548
2A SW8 180102 11/10/2018 Hickman Pharmacy 28,474 28,474
2B 39,548
3 59,717
4 79,492
5A n/a 1/30/2018 n/a—owned by permittee and 23,280 23,280
included in SW8 070935 0 sf future
5B 50,226
6 55,367
7 57,345
8A 45,084
8B 67,232
9A 35,593
9B 51,413
BEMC 96,102
\\\Stormwater\Permits& Projects\2007\070935 HD\2018 01 master table 070935

DEMLR USE ONLY
Date Receiv d Fee Paid ermit Numb
f
STORMWATER PERMITTING FORM 7:
MINOR MODIFICATION
Standard Permitting Program—No Fee for Minor Modification
Express Permitting Program—See Express Fee Schedule
Only complete applications packages will be accepted and reviewed. This form and the required items(with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating
the project on the interactive online map at:http://deq.nc.gov/contact/regional-offices.
This form is to only to be used by the current permittee to notify the Division of a minor
modification. Pursuant to Rule 15A NCAC 02H.1002, a minor modification is a change to the project that-
1) does not increase the net built-upon area;and/or
2) does not change the size or design of the SCM(s).
A. GENERAL INFORMATION
1. State Stormwater Permit Number: SW8 070935
2: Current Permit Holder's Company Name/Organization: MDI Management, LLC
3. Signing Official's Name: Boyd L. George
4. Signing Official's Title: President
5. Mailing Address: 120 4th Street, SW
City: Hickory State: NC ZIP: 28602
6. Street Address (if different):
City: State: ZI P:
7. Phone: [phone] Email: shawn.beichlerO-alexlee.com
8. Describe the minor modifications that you are requesting, including any revised BUA allocations (attach
additional pages or supporting tables similar to Section IV.10 of the original application, if needed):
Documentation of final build out of Outparcel 5A, owned by MDI Management LLC and that the built upon
area does not exceed the built upon area identified on the most recently revised recorded deed
restrictions.
B. SUBMITTAL REQUIREMENTS
Please mark"Y"to confirm the,items are included with this form. Please mark X"if previously provided. If not
applicable or not available, please mark N/A.:
1. Two hard copies (with original signatures) and one electronic copy of this completed form.
2. Two hard copies and one electronic copy of the revised plan sheets (must be a revision of the
originally approved plan sheets).
�1A 3. If there is reallocation of lot BUA, a copy of the revised recorded deed restrictions and protective
covenants OR the proposed recorded deed restrictions and protective covenants docum nting
the changes and a signed agreement to provide the final recorde Lmdw=ly�
NAP. 4. If applicable, the appropriate Express review fee.
DEC O
Stormwater Permit Form 7: Minor Modification Page 1 of 2 July 14,2017

C
C.' CONTACT INFORMATION
1. The Design Professional who is authorized to provide information on the Applicant's behalf:
Design Professional's Name: Brian Upton. PE
Consulting Firm: The Isaacs Group
Mailing Address:8720 Red Oak Blvd
City:Charlotte State:NC Zip:28217
Phone: (704) 887-6586 Fax: ( )
Email: :aguesenberrvOisaacsarp.com
2. [OPTIONAL] If you would like to designate another person to answer questions about the project:
Name&Title:
Organization:
Mailing Address:
City: State: Zip:
Phone: ( ) Fax: ( )
Email: :
D. CERTIFICATION OF PERMITTEE
I, _TTd 6 moo,'sp, the current permittee, certify that I have authorized the minor modifications listed
in Section A and shown in the attached revised plan sheets. I further attest that this information is accurate and
complete to the best of my knowledge.
Signature: Date: To
I, 4 e r ?do a Notary Public for the State of I)0 tir4-4 64 ro 1%),c.
County of 'fG w i c— , do hereby certify that I?ej vim/ � r t o r( 2
personally appeared before me this the YCJ�' day of Hove An ii 8 r , 20:22, and
acIT,owledge the due execution of the forgoing instrument. Witness my hand and official seal,
lotary Sea ��
cj ����c
nay.Amission expires D.2
ECEIVE
JXC 04-zon
pY:
Stormwater Permit Form 7: Minor Modification Page 2 of 2 Oct 6,2017

Hall, Christine
From: Hall, Christine
Sent: Friday,January 26, 2018 4:26 PM
To: '[e-mail]'; '[e-mail]'
Subject: Two Eleven Midway/Lowes Fuel Station, SW8 070935
Alex/Brian,
I have had a chance to review the minor modification to SW8 070935 for the Lowes Fuel Station that was accepted on
December 28, 2017. Is it possible to get a breakdown in the amount of BUA used on this site? I don't see this
information provided in the application documents. I'm trying to understand how much of the 23,280 square feet that
was allocated to Lot 5A has been used and how much is left over for future use on this lot. If this information can be
added to the narrative and e-mailed to me that would be very helpful.
Thanks.
Christine Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources— State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive c�xt.
Wilmington, NC 28405
"Nothing
.'ni
1

Hall, Christine
From: Miller, Daniel <[e-mail]>
Sent: Friday,January 26, 2018 3:08 PM
To: Hall, Christine
Cc: Richard Rowe;Toby Dickens
Subject: [External] Two Eleven Midway Off Site Stormwater Supplement
i CAU s'110N: External email. Do not click links or open attachments unless verified.Send all suspicious email as an attachment to
[e-mail].
Christine,
Thank you for returning my call this afternoon. As discussed,we have not yet been able to obtain the original signatures
for the necessary paperwork. We are working to obtain them but it is taing longer than expected. We expect that we
will have all of the necessary documents to you by March 1"
Thanks,
Dan
Dan Miller, PE, PMP,AECPM
[e-mail]
I
L*
CONFIDENTIALITY AND NONDISCLOSURE
1

LLJ
, 'ISAACSC)
t:14a1. ck LAN!1 SURVEYIeL C
8720 RED OAK BOULEVARD, STE. 420 �
CHARLOM. J.C. 207'.7
PHONE (F0«j 527-3440 FAX (:D4) 527--8r35
January 29, 2018
NC DEMLR
Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
910-796-7215
Re: DEMLR SW8 070935
Two-Eleven Midway
Permit minor Modification
Dear Christine Hall,
Our Client, MDI Management, LLC, received a Notice of Inspection — not Compliant letter on
November 16, 2017 from NC DEMLR. This Minor Permit Modification addresses the final build-out of
Outparcel 5A at the subject development. Outparcel SA was designed to drain to the constructed
wetland BMP designed under the original permit SW8 070935. This plan and storm drain as-built
certification shall serve as documentation that Outparcel 5A was constructed as designed and does
not exceed the allowable Built Upon Area (BUA) of 23,280 square feet associated with the outparcel.
The allowable BUA of 23,280 square feet was required for the full build out of the full station site, and
there shall be no additional BUA construction on Outparcel 5A.
The additional outstanding non-compliant items associated with this permit will be provided to you
under separate transmittals from other parties. Please contact me directly at [phone] should
you require any additional information for the Outparcel 5A permit modification.
Sincerely,
Alew esenberry, P.�-E�.��'
Sr. Project Engineer
JAN26 ��
BY:

,w_ 1SAACS "o
CAVIL EKGkER�NG DES{GN &-LAND-'.SllR9EY0
8720 RED OAK BOULEVARD, STE- 420
CHARLOTTE, N.C. 28217
PHONE [phone] FAX [phone]
April 12, 2016
Site Inspector
Oak Wand
Re: Storm Water Certification
Lowe's Foods Fuel Center
Oak Island, NC
Site Inspector,
Based on as-built information provided by Norris&Ward Surveyors and field observations, the storm
drainage structures and pipes for the Lowe's Foods Fuel Center at Midway Commons have been
installed in substantial compliance with the plans prepared by The Isaacs Group, dated 11/18/15.
Sincerely,
Br n Upton, P.E.
Sr. P4 -0, iro er .o"'-oA CARQ�''a�r
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Casmer. Jo
From: Casmer,Jo
Sent: Friday, December 29, 2017 8:44 AM
To: [e-mail]'; '[e-mail]'
Subject: Two Eleven Midway; Stormwater Permit SW8 070935
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section)
accepted the Stormwater Permit Minor Modification application on December 28, 2017. The project has been
assigned to Christine Hall and you will be notified if additional information is needed. Please be advised that no
construction activities may commence until the Stormwater Permit is issued.
Jo Casmar
Administrative Assistant for DEMLR/Stormwater Section
North Carolina Department of Environmental Quality
Department of Environmental Assistance & Customer Service
910 796-7336 office
910 350-2004 fax
9o.casmer(d)-ncdenr.gov
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Hall, Christine
From: Watson, Mayleng S. <[e-mail]>
Sent: Wednesday, December 20, 2017 2:58 PM
To: Hall, Christine
Cc: Shawn Beichler([e-mail]); Rickard E. Rowe ([e-mail])
Subject: [External] State Stormwater Management Permit No. SW8 070935 - Two Eleven Midway
- MDI Management, LLC - Brunswick County
Attachments: Brunswick Stormwater Restrictions (Recorded).pdf
External email. Do not click links or open attachments unless verified.Send all suspicious email as an attachment to
Ireport,s:pam@nc-gov.
Ms. Hall,
Please find attached the revised recorded deed restrictions in connection with the permit referenced above.
Mayleng S. Watson
Counsel
McGuireWoods LLP
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146
T: [phone]
M:[phone]
F: [phone]
[e-mail]
Bio I VCard I www.mcguirewoods.com
This e-mail from McGuire Woods may contain confidential or privileged information. If you are not the intended recipient,please
advise by return e-mail and delete immediately without reading or forwarding to others.
1

Hall, Christine
From: Miller, Daniel <[e-mail]>
Sent: Wednesday, December 20, 2017 2:33 PM
To: Hall, Christine
Cc: Richard Rowe; [e-mail]
Subject: [External] 211 Midway- BEMC Off-Site Submittal
External email. Do not click links or open attachments unless verified.Send all suspicious email as an attachment to
[e-mail].
Hi Christine,
As a follow-up to our call this morning,we would like to propose that we will make submittal of the necessary
documents associated with the BEMC site that drains to the 211 Midway SCM on or around February 15t, 2018.
Please let me know if you have any concerns with this plan of action.
Thank you,
Dan.
Dan Miller, PE, PMP,AECPM
[e-mail]
CONFIDENTIALITY AND NONDISCLOSURE
1

I S A A C SC)
CIVIL ENGINEERING DESIGN & LAND SURVEYING C
8720 RED OAK BOULEVARD, STE. 420 LETTER OF TRANSMITTAL
CHARLOTTE, N.C. DATE: 12/5/2017 JOB NUMBER: 15058
PHONE [phone] FAX [phone]
ATTENTION: Christine Hall
RE: Two-Eleven Midway
TO NC DEMLR- Environmental Quality Sw8 070935
127 Cardinal Drive Extension Permit Minor Modification
Wilmington, NC 28405
910-796-7215
WE ARE SENDING YOU 0 Attached ❑ Under Separate cover via the following items:
❑ Shop drawings ❑ Prints ❑� Plans ❑ Applications ❑ Specifications
❑� Copy of letter ❑ Disk ❑
COPIES DATE NO. DESCRIPTION
1 12/5/2017 1 Permit Minor Modification Cover Letter
2 11/30/2017 1 Minor Modification Application
2 12/5/2017 1 Full Size Plan Sheet to Add to overall permit set
1 4/12/2016 1 Storm drain as-built certification letter
THESE ARE TRANSMITTED as checked below:
For approval ❑ Approved and 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 ❑
REMARKS
Please find include applications and plans for minor permit modification of SW8 070935
If you require any additional information at this time please contact me at(704)887-6586 or
[e-mail].
Ef"IVE
QC (I 4 Z017
COPY TO SIGNED Alex Quesenberry, P.E.

Completeness Review Checklist
Project Name: ly2n�� Cif Received Date:
Project Location: L6LO 4'-S-' /V't Accepted Date:
Rule(s) 2008 Coasta', El1995 Coastal Phase II (WiRO.) Universal �1988 Coastal
Type of Permit: New or Mod or qR
9
Existing Permit#(Mod car PR): 0 —7o �3S PE Cert on File?
Density: HD or LD Type: Comniercial or Residential 1:3NCG:
%: ____0(%0Q) Stream Clas : EISA Map ffsite to SW8
Subdivided?: Subdivision or Sin le L t IMORW Map Exempt
Paperwork wf Emailed Engineer an:
�Supplement(s) (1 original per BMP)u �J1_BMP Type(s):
DO&M with correct/original signatures(1 Arigln i per BMP except LSIVF.`:and swaies)
,P.ication with correct/original signatures �`� ,p Deed
E]
Corp or LLC: Sig_Auth. per SoS or let.er / Email Address: Design Engineer
�$505 (within 6mo) Email Address: Owner
❑Soils Report with SHWT Note to Reviewer:
Calculations ('signer/seraied) oCfz,..
�No obvious errors V� u
Density includes common areas, etc
Deed Restrictions, if subdivided:
Signed & Notarized
ElCorrect Template (Comm/Res & HD/LD) or Dec Covenants& Rest
Plans -
/J
Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
Grading Wetlands: Delineated or No Wetlands
Vicinity Map Layout (proposed BUA dimensions)
Legend �DA Maps Project Boundaries
Infiltration wet Pond Offsite
Soils Report Soils Report �PE Cert for Master Lot#:
SHWT: _ SHWT: _ ❑Deed Rest for Master El Lot# Matches Master
Battorn� PP: BUA Permitted (Master): sf
Visited: BUA Proposed (Offsite): sf
I
Additional Information:
Permitted Proposed: Proposed: Proposed:
BUA (sf) i
PP (el) i
SHWT(el)
Depth (ft)
SA(sf)

Hall, Christine
From: Alex Quesenberry <[e-mail]>
Sent: Monday, November 27, 2017 10:43 AM
To: Hall, Christine
Subject: [External] NOT-NC Two-Eleven Midway
Attachments: 20171122091609152.pdf
Importance: High
CAUTsON.External email. Do not click links or open attachments unless verified,Send all suspicious email as an attachment to
j report.spam@ncegov.
Good Morning Christine,
I want to follow up with you on the attached Non-Compliance notification for Two-Eleven Midway. I was involved with
the design of the fuel center of Outparcel 5A and want to resolve the permit issue associated with this outparcel. Per
deficiency number 2 in the NCDENR letter, outparcel 5A is indeed owned by MDI. Please advise as to what minor permit
modifications are required to bring us into compliance. I will check with the owner regarding the BEIVIC parcel. Please
give me a call at your convenience to discuss.
Thank you,
Alex Quesenberry, P.E.
The Isaacs Group, P.C.
8720 Red Oak Blvd.,Ste. 420
Charlotte, N.C. 28217 ,p�`) ,'` ) y3 U
Ph: 704.527.3440(ext 121)/Fax: [phone] �� .
Direct: 704.887.6586
email: [e-mail] �( O Q
website: www.isaacsgrp.com
01
\1�
1

ROY COOPER
g Governor
MICHAEL S. REGAN
Secretary
Energy,Mineral& TRACY DAVIS
Land Resources Director
ENVIRONMENTAL QUALITY
November 16,2017
MDT Management,LLC
ATTN: Boyd L. George, President
120 411' Street SW
Hickory,NC 28602
Subject: Notice of Inspection—Not Compliant
Two-Eleven Midway
State Stormwater Management Permit No. SW8 070935
Brunswick County
Dear Mr. George:
On November 16,2017,the Wilmington Regional Office of the Division of Energy,Mineral and Land
Resources (DEMLR) conducted a file review of Two-Eleven Midway, located at the intersection of
Highway 211 and Midway Road in Brunswick County to determine the status of compliance with the
State Stormwater Management Permit Number SW8 07093 5 most recently re-issued on June 30,2016.
DEMLR file review and site inspection revealed that the site is not in compliance with the terms and
conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection
Report" attached to this letter,which summarizes the findings of the recent inspection.
As indicated in the attached inspection report,the following deficiencies must be resolved:
1. A copy of the revised recorded deed restrictions has not been submitted. Per Sections 11.15 and
1I.16 of the permit,please provide a copy of the revised recorded deed restrictions.
2. A review of aerial photography available online revealed that Outparcel 5A and the BEMC lot
has been developed. In reviewing the Division records, neither an offsite permit or modification
to this permit could be found that approved the construction of these outparcels. Section 1.6 of
the permit requires each parcel whose ownership is not retained by the permittee to apply for and
receive an offsite permit prior to any construction. Alternatively, if MDI Management,LLC
continues to own and be responsible for these outparcels,then a minor modification to the permit
is required per Section I1.6 of the permit. If these outparcels received approval from the Division,
please provide the permit number and/or approval date.
Please be advised that until you submit the required Permit Transfer Application Form to the Division and
receive approval from the Division to transfer the permit,you are required to comply with the terms,
conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina
Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation
and maintenance of the permitted stormwater system.
Failure to provide the requested information, or to respond to this letter with a plan of action,including a
timeline to resolve the identified deficiencies,by December 21, 2017, are considered violations of the
permit. If the requested information is not submitted to this office by the due date,then DEMLR staff
will re-inspect the site and may issue a Notice of Violation.Please also note that any individual or entity
found to be in noncompliance with the provisions of a stormwater management permit or the Aormwater
rules is subject to enforcement action as set forth in NC GS 143 Article 21, including the assessment of
civil penalties of up to $25,000 per day.
State of North Carolina I Environmental Quality I Energy.Mineral and Land Resources
Wilmington Regional Of ice 1 127 Cardinal Drive Extension I Wiftnington,NC 28405
910 7%721S

Stair Smrmwater Permit No. SW8 070935
Page 2 of 2
If you have any questitns, hle,18c crnta .1 the at the Wilmington Regional Office,telephone number (910)-
796-7215 or via email at rhritine.hall��r?ncdenr.gov.
Sincerely,
,-Z r
i.-Christine Hall/
�Ynvironmental Engineer
Enc: Compliance.Inspection Report
GDS\canh: \\\Stormwater\Permits&Proj ects\2007\07093 5 HD\2017 11 CEI_deficient 070935
cc: Dan Miller,Withers &Ravenel
Georgette Scott, Wilmington Regional Office Stormwater Supervisor
WiRO Stormwater Permit File
State of Nor(h Carolina 1 Envirorunental Quality ; Energy.Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,NC 28405
910796 7215

Compliance Inspection Report
Permit SW8070935 Effective:06130/16 Expiration: 05/12/21
Project: Two Eleven Midway
Owner: Mdi Management LLC
County: Brunswick Adress: NC Hwy 211
Region: Wilmington
City/State/Zip: Brunswick NC 28424
Contact Person: John Orgain Title; Secretary Phone: [phone]
Directions to Project:
Project site located at the northwest corner of intersection of Midway Rd.SE and NC Hwy_211
Type of Project; State Stormwater-HD-Wetlands
Drain Areas: 1 -(River Swamp) (03-07-51)(C;Sw)
On-Site Representative(s):
Related Permits:
Inspection Date: 11/16/2017 Entry Time: 11:00AM Exit Time: 11:30AM
Primary Inspector: Christine A Hall Phone: [phone]
Secondary Inspector(s):
Reason for inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: State Stormwater
Facility Status. ❑ Compliant Not Compliant
Question Areas:
■ State Stormwater
(See attachment summary)
page: 1

Permit: S':1r8070935 Owner-Project: Mdi Management LLC
Inspection Date: 1111612017 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
To bring this site into compliance.
1. Per Sections 11.15 and 11.16 of the permit, please provide a copy of the revised recorded deed restrictions.
2. Please either: a)provide the permit number and/or approval date for Outparcel 5A and the BEMC lot. b)Submit to
the Division and receive approval as described in Sections 1.6 or 11.6 of the permit.
File Review Yes No NA NE
Is the permit active? MA ❑ ❑ ❑
Signed copy of the Engineer's certification is in the file? ❑ ❑ ❑
Signed copy of the Operation&Maintenance Agreement is in the file? ® ❑ ❑ ❑
Copy of the recorded deed restrictions is in the file? ❑ ® ❑ ❑
Comment: , A copy of the revised restictions has not been submitted.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ❑ ❑
Comment: A review of aerial photography available online revealed that Outparcel 5A and the BEMC lot have been
developed In reviewing the Division records neither an offsite permit or modification to this permit could
be found that approved the construction of these outparcels.
page: 2

%0 WithersRavenei Letter of Transmittal
{]err Pec+ple.Your Success.
I + _ 12/14/2016 ; • 02130302.00
115 MacKenan Drive F— Georgette Scott
Cary,North Carolina 27511
t:919.469.3340 1 f:919.467.6008 211 Midway
Stormwater BMP Record Drawings
TO: North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington,NC28405
WE ARE SENDING YOU p Attached ❑ Under Separate Cover via
THE FOLLOWING ITEMS ❑ Shop Drawings ❑ Prints ® Plans ❑ Samples ❑ Specifications
❑ Copy of Letter ❑ Change Order ❑ Diskette ❑ Other
NO. DESCRIPTION
1 2406 Record Drawings-Stormwater BMP
1 Designer's Certification
A V
f'
THESE ARE TRANSMITTED as checked below-
❑x For approval ❑Approved as submitted ❑Resubmit copies for approval
❑x For your use ❑Approved as noted ❑Submit copies for distribution
❑As requested ❑Returned for corrections ❑Return corrected prints
Ll For review and comment LJ Other
❑FOR BIDS DUE ❑PRINTS RETURNED AFTER LOAN TO US
REMARKS:
_ t
BY:
COPY TO: SIGNED: Jennifer Diaz,PE
If enclosures are not as noted,kindly notify us at once