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Home My WebLink AboutSW8061115_HISTORICAL FILE_20231101 STORMWATER DIVISION CODING SHEET POST-CONSTRUCTION PERMITS PERMIT NO. SW8 06 tit �' DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD McDONALD'S REAL ESTATE COMPANY SECRETARY'S CERTIFICATE 1 I, Angela Steele, an officer of McDonald's Real Estate Company, an entity organized under the laws of the State of Delaware, United States of America (the "Company"), hereby certify as follows, as of the date hereof: 1. 1 am the duly appointed, qualified and acting Vice President and Secretary of the Company. 2. The Board of Directors of the Company duly adopted resolutions on August 6, 2020 (the"Resolutions"), a true, complete and correct copy of which are attached hereto as Exhibit A, with regard to signature authority for documents relating to the purchase, sale, lease or transfer of the real property of the Company and such Resolutions have not been amended, modified or rescinded in any way and remain in full force and effect. 3. That the individuals named on Exhibit B, attached, hold the titles set forth above their names. IN WITNESS WHEREOF, I have hereunto set my hand on this I9'h day of January, 2023. .( 4 K %& Angela Steele Vice President and Secretary rSC;EI . EP 2 9 2023 iMauge 92753709vi EXHIBIT A Resolutions of the Board of Directors of McDonald's Real Estate Company Adopted August 6. 2020 Authority for U.S. Construction Matters RESOLVED, That any officers of the Company, McDonald's Corporation("Corp")or McDonald's USA, LLC ("McD USA"); any Senior Development Director of McD USA; and any attorney of Corp holding the title of Managing Counsel or Senior Counsel and practicing in the U.S. Legal Practice Group, are authorized to execute for and on behalf of the Company, such agreements, documents,certificates and all other instruments as may be necessary or appropriate in connection with construction projects undertaken by the Company; provided, however,that the authority granted to the Senior Development Director will only be for construction projects up to a limit of One Million Four Hundred Thousand Dollars($1,400,000)per construction project. FURTHER RESOLVED, That each Senior Development Director of McD USA is authorized to execute in the name of and on behalf of the Company such agreements, documents, certificates and all other instruments as may be necessary or appropriate in connection with construction projects undertaken by the Company in his or her respective geographic area of responsibility, up to a limit of One Million Four Hundred Thousand Dollars($1,400,000) per construction project. FURTHER RESOLVED, That each Lead Development Director of McD USA and each U.S. Field Execution Development Director of McD USA is authorized to execute in the name of and on behalf of the Company such agreements, documents, certificates and all other instruments as may be necessary or appropriate in connection with construction projects undertaken by the Company in his or her respective geographic area of responsibility, up to a limit of Six Hundred Thousand Dollars ($600,000.00)per occurrence not to exceed Eight Hundred Thousand Dollars ($800,000.00) per project. FURTHER RESOLVED, That each U.S. Field Execution Construction Manager of McD USA is authorized to execute in the name of and on behalf of the Company such agreements, documents, certificates and all other instruments as may be necessary or appropriate in connection with construction projects undertaken by the Company in his or her respective geographic area of responsibility, up to a limit of Fifty Thousand Dollars($50,000)per occurrence not to exceed Three Hundred Thousand Dollars($300,000) per project. FURTHER RESOLVED, That any of the above signatories for U.S. construction matters; any Assistant Secretary and any Assistant Treasurer of Corp; and any attorney of Corp holding the title of Counsel and practicing in the U.S. Legal Practice Group,are authorized to attest to the signatures on any documents that have been executed pursuant to the foregoing resolutions(except that individual may attest to his or her own signature). E'CE 4,#YJE'" FURTHER RESOLVED, That any of the above signatories for U.S. constructio attarf may 9 2923 also sign governmental permit and zoning applications and forms for construction projec dertaken by the Company in his or her respective geographical area of responsibility. FURTHER RESOLVED, That each Area Construction Manager of McD USA may also sign governmental permit and zoning applications and forms for construction projects undertaken by the Company in his or her respective geographical area of responsibility provided, however, that the iMmage#2753709vI authority granted to the Area Construction Manager will not apply to permits, applications or forms that include indemnity provisions, provisions that bind the Company to future obligations or that take away any of the Company's existing rights. FURTHER RESOLVED, That the resolutions previously adopted by the Board of Directors of this Company on January 17, 2019 relating to the execution of documents for construction projects and to such agreements,documents, certificates and other instruments as may be required in connection with construction projects undertaken by the Company are superseded by the above resolutions, and all actions taken by the persons duly authorized therein and in conformity therewith are in all respects confirmed,adopted and ratified as the valid and subsisting acts of this Company, having full force and effect from and after the dates thereof. Authority for U.S. Real Estate Development Matters RESOLVED,That any officers of the Company, Corp or McDonald's USA, LLC("McD USA"),and any attorney of McDonald's Corporation ("Corp")holding the title of Managing Counsel or Senior Counsel and practicing in the U.S. Legal Practice Group(the"Authorized Signatories'), are authorized to execute for and on behalf of the Company, contracts, leases, agreements, deeds, guarantees, mortgages,promissory notes and other documents relating to the purchase, sale, lease or transfer of the real property of the Company(including, but not limited to, beneficial interests in land trusts)and to perform all such acts and to execute such additional documents(including, but not limited to,easements, licenses,memoranda of lease and non-disturbance agreements, powers of attorney or contracts and documents associated with the due diligence and investigation of a site)as may be necessary or appropriate in connection with such transactions. FURTHER RESOLVED, That any of the Authorized Signatories and any attorney of Corp holding the title of Counsel and practicing in the U.S. Legal Practice Group,are authorized to execute documents that are ancillary to real estate transactions but which do not convey any interest in real estate(including, but not limited to,memoranda of lease and non-disturbance agreements). FURTHER RESOLVED, That each Senior Development Director of McD USA is authorized to execute, in the name of and on behalf of the Company,miscellaneous contracts and purchase orders associated with the due diligence and investigation of a site pursuant to a real estate transaction entered into by the Company (including, but not limited to, contracts or purchase orders for sales analysis, soil borings or survey work) up to a limit of One Million Four Hundred Thousand Dollars ($1,400,000)per project. FURTHER RESOLVED,That each Lead Development Director of McD USA and each U.S. Field Execution Development Director of McD USA is authorized to execute, in the name of and on behalf of the Company,miscellaneous contracts and purchase orders associated with the due diligence and investigation of a site pursuant to a real estate transaction entered into by the Company in his or her respective geographic area of responsibility(including, but not limited to, contracts or purchase orders for sales analysis, soil borings or survey work) up to a limit of Fifty Thous C�'6 V i Dollars($50,000)per occurrence not to exceed Three Hundred Thousand Dollars($300,00 r EF project. SEP 19 2013 FURTHER RESOLVED, That the following persons who hold the positions as se th below, are each authorized to execute miscellaneous contracts and purchase orders associate the due diligence and investigation of a site pursuant to a real estate transaction entered into by the Company in his or her respective geographic area of responsibility, up to the limits per such project as set forth below: Nmage 02753709v1 U.S. Field Execution Construction Manager of McD USA up to$50,000. FURTHER RESOLVED,That any of the above signatories for real estate matters,any Assistant Secretary and any Assistant Treasurer of the Company and any attorney of Corp holding the title of Counsel and practicing in the U.S. Legal Practice Group are authorized to attest to the signatures on any documents that have been executed pursuant to the foregoing resolutions(except that no individual may attest to his or her own signature). FURTHER RESOLVED, That the resolutions previously adopted by the Board of Directors of this Company on January 17, 2019 relating to the execution of documents for real estate projects and to such agreements, documents, certificates and other instruments as may be required in connection with real estate projects undertaken by the Company are superseded by the above resolutions,and all actions taken by the persons duly authorized therein and in conformity therewith are in all respects confirmed,adopted and ratified as the valid and subsisting acts of this Company, having full force and effect from and after the dates thereof. 'ECEIV,E SEP 2 9 2023 BY-_ iMmge#2753709vt EXHIBIT B McDonald's Real Estate Company Authorized signatories for Real Estate Development and Construction Matters Officers of McDonald's USA, LLC: Sarah K. Lee, US Assistant Secretary Angela Steele, U.S. Vice President, U.S. General Counsel and Secretary Savan N. Vaghani, US Assistant Secretary Managing Counsel of McDonald's Corporation: Krystin Hernandez Sarah K. Lee Savan N. Vaghani Officers of McDonald's Real Estate Company: Krystin Hernandez -Assistant Secretary Sarah K. Lee—Assistant Secretary Savan N. Vaghani —Assistant Secretary Angela Steele -Vice President and Secretary Senior Counsel of McDonald's Corporation: Jennifer L. Cohn Rebekah S. Czerwionka Diedre S. Dunn Stephanie S. Hipp Kevin Hyde Bryan K. Maguire Daniel Marks Robert J. McCormack Mark A. Meister ECEIVE Q___Padraic G._Molloy] Bruce A. Neumann SEP 2 9 2023 Wendy T. Newkirk Thomas R. Pickett Brian T. Sheedy BY Timothy J. Slattery Jacob M. Steinfink Shilpa M. Upadhye Shilpi Upadhyaya Tony P. Valevicius Wanage N2753709v 1 Senior Development Directors of McDonald's USA, LLC: John R. Wendel Bruce Crown Lead Development Directors of McDonald's USA, LLC: John D'Anna US Field Development Officers of McDonald's USA, LLC: Keith Romine Helen Singer Victoria Seward Jimmy Lopez Cynthia Talkovic Mark Hertel Vivian Valdivia Joseph Diozzi Asa Mayo Antwan Smith US Field Execution Construction Managers of McDonald's USA, LLC: Keith Botkin Kevin McAuley Adam Brandenburg Tim Crowder Dan Gross Robin King Chris Stamps Dawn Bourseau Andy Vitale Tim Chess Gregg Protch ECEIVE Gary Zonitch Yasemin Sarier SEP 2 9 2023 Tessa Bernstein Lee Morris By: Jorge Martinez Jack Wegler Kurtis Demarse Armen Parker Derek Moskal Manage H2753709v1 US Field Area Construction Managers of McDonald's USA, LLC: Greg Carleton Daryl Groet Greg Chapman Edgar Ortiz Alibia de Vente Jason Sawall Keisha Smith Rosangela Demello Steve Kellett Tammy Kahm Brian Reeder Eileen Seeburger Leo Van Buuren Joe Coconato Steve Rizzo Chris Stepp John Lorentzen Joseph Minorik John Taylor Jason Ramsey Sharon Sills Larry Drake Sean Kennedy Michele Miller Eric Wagner Damaris Walton Dan Mayo Belinda Dartley Kim Vukov Tanya Momchev Patrick Piehl Andy Lee Regina Killebrew Jose Ramirez Kortney Pedigo ECEIV E Lyndsey Denny Rowdy Durham SEP 2 9 2023 Trevor Prophet Chuck Morgan By:-- Charlie Miller Carter Mann Mike Riendeau i Manage#2753709v I Lincoln Ludwig Scott Audsley Eddie Nunez Carlos Madrigal Christine Cho Jason Wilner Scott Wilkeson Lonnie Smith Reggie Anderson John Hyder Alex Breeden Bob Keesaer Becky Jansen Amy Switzer Debra Lyster Mike Crowley Kyle Bourgeois Brian Smallwood Curt Hobbs Robert Yagusesky Deanna Uecker Drew Sanchez Amanda Goodie Nancy Malone National Construction COE: Joe Collins, Sr. Director Ben Aguirre, Development Director Lynn Misiaszek, Development Director Alison Brickett, Construction Manager Kevin Reed, Construction Manager Employees of McDonald's USA, LLC authorized to execute license agreements in connection with restaurant development due diligence: • National RE Directors: Lori Nunez Meredith Lenoir • National RE Leads ECEIVE Bob O'Connell SEP 2 9 2023 Rich Davis Amy Bayles BY: Lisa Walker Natalie Maffei Manage#2753709v1 • National RE Managers Gary Blau Zach Pagel Schuyler Jackson Rona Gaur Darla Bowen Kellie Wisbrock Clark Lambdin Ray Clopton Craig Givens Troy Faulkner Rey Hernandez Dan Toth Mathis Nedell Mike Manteen Uri Starr Chris Smitherman Rudy McCarthy Kaley Devries Marineth Demovsesian • National Transaction Managers Carla Freise Sara Sailors Jennifer Steinhagen r CEIVEEP 2 9 2023 BY Name#2753709v1 n"r McDonald's USA, LLC Jami Hays 2 '4 Real Estate Portfolio Supervisor 644 Holly Springs Road,#420 Holly Springs, NC 27540 Cell: 919-215-2951 Email:jami.hays@us.mcd.com September 28, 2023 z 7 r VIA OVERNIGHT MAIL SEP 29 2023 Ashley Smith NC QYr l NC Dept. of Environmental Quality Stormwater Department 127 Cardinal Drive Extension Wilmington NC 28405 Re: McDonald's 4301 Market Street Wilmington NC(McD File#32-0016/Stormwater Project No. SW8061115) New Hanover County Dear Ms. Smith: With regard to the above-captioned location and stormwater permit, and in response to your correspondence dated August 21,2023,a copy of which is provided herein, enclosed please find the following: 1. Original, executed Permit Renewal Application form with the correct ownership entity, McDonald's Real Estate Company. 2. Copy of the Secretary's Certificate for McDonald's Real Estate Company that shows Padraic G. Molloy has the authority to sign on behalf of this entity. Thank you for your assistance with this matter, and please let me know if any questions or if any additional information is needed. Very tru urs, J i Hays Rea Estate Portf o Supervisor Enclosures ' .9�s srnrry W ROY COOPER 5 Governor ELIZABETH S.BISER M. ,- Secretary "7'°�•ad DOUGLAS R.ANSEL NORTH CAROLINA Interim Dir eaor Environmental Quality August 21,2023 Via email only: Padraic.molloy(i)us.mcd.com McDonald's Real Estate Company Attn: Padraic Molloy 110 N. Carpenter Street Chicago, IL 60607 Subject: Request for Additional Information Stormwater Project No. SWS 061115 McDonald's—Wilmington New Hanover County Dear Mr. Molloy: The Wilmington Regional Office received and accepted a State Stormwater Management Permit Renewal Application for the subject project on July 27, 2023. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. To continue the review, please provide the following additional information in a single, hard copy submittal package: I. 15A NCAC 02H.1040(1)(a)and .1045(3)(axii): The application was signed by Padraic Molloy; however the provided documentation from the NC Secretary of State does not identify Mr. Molloy as a vice president or president of this corporation. In the case of a corporation, the application must be signed by a principal executive officer of at least the level of vice-president. as defined in GS 57D. Please either: a. Provide official documentation showing that Mr. Molloy is a vice president or president and authorized to sign for the corporation; b. Have one of the identified officers of the corporation sign the application documents; or c. The signature by other agents shall be accepted on the application only if accompanied by a letter of authorization signed by the appropriate authority. Provide a letter of authorization from one of the identified officers of this corporation authorizing Mr. Molloy to sign on their behalf. 2. 15A NCAC 02H.1045(3): Please confirm the following: a. Section B.1 of the application lists the applicant as McDonald's USA, LLC. However,a review of our database found McDonald's Real Estate Company is the corporation that currently holds this permit. Only the current permittee can renew the permit. Please confirm that the applicant listed on the application is consistent with the current permittee. Please remember to confirm that any revised information is presented consistently throughout the application documents. Please also remember to provide a hard copy of any updated documents per 15A NCAC 02H.1045(3). The requested information should be received in this Office by September 22,2023 in accordance with 15A NCAC 02H.I 045(4)(a)(i).Please note that only two letters requesting additional information is allowed in the State Stormwater Program, this being the first. If the required information is not satisfactorily provided by this date,the project will be returned in accordance with 15A NCAC 02H.I 045(4)(a)(ii). If the project is returned and you wish to re-submit later,you will need to resubmit all required items at that time, including the application fee. Please reference the State assigned application 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 ashleym.smith@deq.nc.gov. rSEP 2 9 2023 BY D �� North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington.North Carolina 28405 910.796.7215 State Stormwater Permit No.SW8 021204 Page 2 of 2 Sincerely, ,44 &ey smed Ashley Smith Stormwater Permitting Assistant DESlams: %Stormwater\Permits & Projects\2006\061115 HD\2023 08 addinfo 061115 cc: Wilmington Regional Office Stormwater File rEIV E S%EP 2 9 2023 BY' DEQZ� North Carolina Department of Environmental Quality I Division of Energy.Mineral and Lund Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington.North Carolina 28405 G ++w.......vm.w 910.796.7215 f' Smith, Ashley M From: Shelia Phenicie <mca.phenicie@gmaitcom> Sent: Tuesday, August 29, 2023 1:24 PM To: Smith, Ashley M Cc: Beasley, Michelle Subject: Re: [External] Re: Post Construction Stormwater Permit#SW8061115 and #SW8180212 ji CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab: Thank you for the clarification. On Tue, Aug 29, 2023 at 11:55 AM Smith, Ashley M <ashleym.smith@deg.nc.gov>wrote: I understand the process is confusing especially when discussing multiple projects, so I understand there will be confusion. Most permit holders need help with the applications, I don't mind going through the process with you. I'm also going to apologize in advance for the lengthy email. The applications must be hard copy, original signatures. They cannot be electronically signed or electronically submitted. The only way our office is currently accepted applications is hard copy. The state is working on electronic options of submittals, but they are not currently available. The signatures do not have to be the same executives who signed for them back when the permits were first issued, however per 15A NCAC 02H.1040(1)(a) and .1045(3)(a)(ii) (our stormwater rules) In the case of a corporation, the application must be signed by a principal executive officer of at least the level of vice-president. as defined in GS 57D. We used documentation such as the North Carolina Secretary of State to document who is approved to sign the application. North Carolina Secretary of State Search Results (sosnc.gov)This is the website we use to approve signature authority because corporations are required to file annually on the NC Business Registration. When the officers that sign applications are not listed on the webpage, a letter such as the one i sent, clarifying signature authority is needed. If you use the website I provided, and search the permit holder for the SW8061115 permit, McDonalds Real Estate Company,you can see Mr. Molloy is not represented on that page. Mr. Molloy's name is not represented as an officer of at least the level of a vice-president for the permit holder McDonalds Real Estate Company,that is what prompted the additional information request that was sent out in my previous email. To address the signature authority, I would need some official documentation stating Mr. Molloy is able to sign the application form. Most larger corporations such as McDonald's have an operating agreement, or something of that sort that approves certain individuals to be able to sign application forms such as ours. The other options for approving Mr. Molloy's signature are listed in the additional information letter under number l.a, Lb, or 1.c. The identified officers are the officers listed on the webpage I provided when you search McDonalds Real Estate Company. 1 The same standards apply for the SW8180212 permit. Applications need to be submitted by the permit holder, in this case McDonald's USA, LLC holds this permit, and signed by an official of at least the vice president. Applications are required to be submitted hard copy, with original signatures. Ashley Smith Stormwater Permitting Assistant, Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Quality Office: (910) 796-7326 ashleym.smith@deg.nc.gov Address: 127 Cardinal Drive Ext., Wilmington, NC 28405 NORiHrbCAEL ME Q ro —/ Oapanent alf EmiranmeMal Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Shelia Phenicie<mca.phenicie@gmaiI.com> Sent:Tuesday, August 29, 2023 10:09 AM To:Smith, Ashley M <ashleym.smith@deq.nc.gov> Subject: Re: [External] Re: Post Construction Stormwater Permit#SW8061115 and #SW8180212 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. How can McDonald's get the info to docusign? I don't understand why Mr. Molloy's signature isn't good enough. Most of executives that were with McDonald's when we built the Bayshore restaurant or the Market Street restaurant are no longer with the Corporation. I'm not getting testy, I guess I just 2 don't understand bureaucracy. I'll need to send the docusign forms back to Jami Hays. Thanks Shelia On Tue, Aug 29, 2023 at 9:29 AM Smith, Ashley M <ashleym.smith@deg.nc.gov>wrote: Hi Shelia, I gave it a few extra days to see if it was just delayed or anything. This package never made it to our office and if the check never cleared your bank then the project application was not received or accepted. I am including Michelle in the email chain because she is the individual who conducts completeness reviews for packages including correct and completed applications, and applicable fees are in house. To date, we still have the first submitted SW8180212 application, filled out by McAnderson's, Inc. accompanied by the check also listing McAnderson's information. Unfortunately, Michelle's email still needs to be addressed to get this project accepted for review. Please work with Michelle to get that project accepted. The SW8061115 has already been accepted and given to me for the in depth review.The attached email addressed the concerns once my review was complete that needed to be addressed in order to issue the permit renewal. The applications need to be completed by the current permit holder and signed by someone of at least a vice president. All applications must have an original signature.This application, SW8061115 is a copy. Ashley Smith Stormwater Permitting Assistant Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Quality Office: (910) 796-7326 ashieym.smith@deg.nc.gov Address: 127 Cardinal Drive Ext., Wilmington, NC 28405 3 NORTH CAROLINAD Q�� Dope eid Of VIfO1111101I1m10ua Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Shelia Phenicie <mc_a_.phenicie@gmail.com> Sent: Thursday,August 24, 2023 5:29 PM To: Smith, Ashley M <ashleym.smith@deo.nc.gov> Subject: Re: [External] Re: Post Construction Stormwater Permit#SW8061115 and #SW8180212 CAUTION:: EMernal email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Messagebutton located on your Outlook menu bar on the Home tab. The check number is 40698 for$505 dated July 7th which has not cleared our bank. I don't have any other hard copy for McDonald's at Bayshore Commons 108 Hays Lane, store number 36579 SW8180212. The one that is higher up in the email string, has the signatures in blue ink like the one for the Market St. store. Will that not work or do I have to try and get Padraic Molloy to sign again somehow? I guess the link needs to be sent to Jami Hays so she can have him do it online. Shelia On Thu, Aug 24, 2023 at 4:51 PM Smith, Ashley M <ashleym.smith(aldeg.nc.goy>wrote: I have checked with Michelle and the list of delivery log kept for incoming mail and unfortunately, a hard copy with original signatures of SW8180212 does not list as received by our office. To date, we still have the first application as stated in Michelle's email filled out by McAnderson's, Inc. accompanied by the check also listing McAnderson's information. Could you provide a check number and confirm that it was deposited? Is there any confirmation that the application was delivered perhaps by a tracking number? 4 Ashley Smith Stormwater Permitting Assistant Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Quality Office: (910) 796-7326 ashleym.smith@dep.nc.gov Address: 127 Cardinal Drive Ext., Wilmington, NC 28405 NORTH PE Q�4 Department of Environmental Quay Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Shelia Phenicie<mca.phenicie(@gmail.com> Sent:Thursday,August 24, 2023 4:36 PM To:Smith, Ashley M <ashleym.smith@deg.nc.gov> Subject: Re: [External) Re: Post Construction Stormwater Permit#SW8061115 and #SW8180212 CAUTION:External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Yes when I sent the check. On Thu,Aug 24, 2023 at 4:32 PM Smith,Ashley M <ashleym.smith@deg.nc.gov>wrote: Hi Shelia, 5 Thank you for that information. Was it sent hard copy to our office? If so, we never received that document. Applications are required to be submitted hard copy because they require original signatures. Ashley Smith Stormwater Permitting Assistant, Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Quality Office: (910) 796-7326 ashleym.smith@deg.nc.gov Address: 127 Cardinal Drive Ext., Wilmington, NC 28405 W60— NORTH CAROLINAPE Q> Ue".b. nt of Environmental0wilty Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Shelia Phenicie<mca.phenicie@gmail.com> Sent:Thursday,August 24, 2023 4:15 PM To: Smith, Ashley M <ashleym.smith@deg.nc.gov> Subject: [External] Re: Post Construction Stormwater Permit 4SW8061115 and #SW8180212 MCAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report essage button located on your Outlook menu bar on the Home tab. This is what was sent on July 19th. On Thu, Aug 24, 2023 at 3:42 PM Smith, Ashley M <ashleym.smith@deq.nc.gov>wrote: 6 Hi Shelia, I received your voicemail message yesterday afternoon about an update for the McDonald's permit applications. I'm responding via email so I can forward some attachments to you. SW8061115: McDonald's on Market Street: the application has been accepted, reviewed and the additional information was requested on August 21, 2023, sent to the email address that was listed on the application, Mr. Molloy. I have copied his response and my email chain to this email. Contact information is taken from the applications. If the correspondence should include yourself in addition to the email on the applications, please let me know and we can make that happen. SW8180212: This application has not been accepted yet by our office based on conversations from July 14, 2023. Like the additional information request for the permit above, the current permit holder must be the permittee to renew the stormwater permit. This permit is issued to McDonald's USA, LLC however the renewal application lists McAnderson's Inc in Section B.1 of the renewal application. Michelle's email is also attached to this email response. Unfortunately, we cannot accept the application and begin the review process until the issue for Michelle's email is resolved. I have attached a copy of the permit to this email as well. There it states McDonald's USA, LLC responsibility for maintaining the conditions of the permit.This is the reason McDonald's is the applicant listed on the renewal application instead of the property owners. Please also know that the general statute allows review times for application at max 90 days to either request additional information or issue a permit once applications are accepted. We do work through these as quickly as possible with the allowance of time and staffing, in the order of receipt. Please let me know how I can assist further. Ashley Smith Stormwater Permitting Assistant Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Quality Office: (910) 796-7326 ash leym.sm ith@deg.nc.gov Address: 127 Cardinal Drive Ext., Wilmington, NC 28405 7 NORTH CARIXJNAD E Q �H baparhnant of Environmantnl Qua� l� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax a , Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 8 910-799-3603 fax 0 . Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax 0 . Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax 9 Smith, Ashley M From: Smith, Ashley M Sent: Thursday, August 24, 2023 3:42 PM To: Shelia Phenicie Cc: Beasley, Michelle Subject: Post Construction Stormwater Permit#SW8061115 and #SW8180212 Attachments: 2023 08 addinfo 061115.docx.pdf; RE: [External] RE: Post Construction State Stormwater Permit#SW8061115; 2007 10 permit 061115.pdf; FW: SW8 180212 - McDonald's Wilmington at Bayshore Commons; 2019 01 permit 180212.pdf Hi Shelia, I received your voicemail message yesterday afternoon about an update for the McDonald's permit applications. I'm responding via email so I can forward some attachments to you. SW8061115: McDonald's on Market Street: the application has been accepted, reviewed and the additional information was requested on August 21, 2023, sent to the email address that was listed on the application, Mr. Molloy. I have copied his response and my email chain to this email. Contact information is taken from the applications. If the correspondence should include yourself in addition to the email on the applications, please let me know and we can make that happen. SW8180212: This application has not been accepted yet by our office based on conversations from July 14, 2023. Like the additional information request for the permit above,the current permit holder must be the permittee to renew the stormwater permit. This permit is issued to McDonald's USA, LLC however the renewal application lists McAnderson's Inc in Section B.1 of the renewal application. Michelle's email is also attached to this email response. Unfortunately, we cannot accept the application and begin the review process until the issue for Michelle's email is resolved. I have attached a copy of the permit to this email as well. There it states McDonald's USA, LLC responsibility for maintaining the conditions of the permit.This is the reason McDonald's is the applicant listed on the renewal application instead of the property owners. Please also know that the general statute allows review times for application at max 90 days to either request additional information or issue a permit once applications are accepted. We do work through these as quickly as possible with the allowance of time and staffing, in the order of receipt. Please let me know how I can assist further. Ashley Smith Stormwater Permitting Assistant, Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Quality Office: (910) 796-7326 ashleym.smith@deq.nc.gov Address: 127 Cardinal Drive Ext., Wilmington, NC 28405 t �D_E Q�� NORTH CAROLINA Department of Em M.. [OuaUty Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 ROYCOOPER Governor ELIZABETHS.BISER `. secretary m w••^'"d DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality August 21, 2023 Via email only: Padraie.mollor(a)us.mcd.eom McDonald's Real Estate Company Attn: Padraic Molloy 110 N. Carpenter Street Chicago, IL 60607 Subject: Request for Additional Information Stormwater Project No. SW8 061115 McDonald's—Wilmington New Hanover County Dear Mr. Molloy: The Wilmington Regional Office received and accepted a State Stormwater Management Permit Renewal Application for the subject project on July 27, 2023. A preliminary in-depth'review of that information has determined that the application is not complete and that additional information is needed. To continue the review, please provide the following additional information in a sin¢Ie, hard copv submittal package: I. 15A NCAC 02H.I 040(l)(a) and .1045(3)(a)(ii): The application was signed by Padraic Molloy; however the provided documentation from the NC Secretary of State does not identify Mr. Molloy as a vice president or president of this corporation. In the case of a corporation, the application must be signed by a principal executive officer of at least the level of vice-president. as defined in GS 57D. Please either: a. Provide official documentation showing that Mr. Molloy is a vice president or president and authorized to sign for the corporation; b. Have one of the identified officers of the corporation sign the application documents; or c. The signature by other agents shall be accepted on the application only if accompanied by a letter of authorization signed by the appropriate authority. Provide a letter of authorization from one of the identified officers of this corporation authorizing Mr. Molloy to sign on their behalf. 2. 15A NCAC 02H.1045(3): Please confirm the following: a. Section B.1 of the application lists the applicant as McDonald's USA, LLC. However, a review of our database found McDonald's Real Estate Company is the corporation that currently holds this permit. Only the current permittee can renew the permit. Please confirm that the applicant listed on the application is consistent with the current permittee. Please remember to confirm that any revised information is presented consistently throughout the application documents. Please also remember to provide a hard copy of any updated documents per 15A NCAC 02H.1045(3). The requested information should be received in this Office by September 22, 2023 in accordance with 15A NCAC 02H.1045(4)(a)(i).Please note that only two letters requesting additional information is allowed in the State Stormwater Program, this being the first. If the required information is not satisfactorily provided by this date, the project will be returned in accordance with 15A NCAC 02H.1045(4)(a)(ii). If the project is returned and you wish to re-submit later,you will need to resubmit all required items at that time, including the application fee. Please reference the State assigned application 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 ashleym.smith@deq.nc.gov. D_E W%1. North Carolina Department of Envtromental Quality I Division of Energy,wneral and land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 910.7%.7215 v State Stormwater Permit No. SW8 021204 Page 2 of 2 Sincerely, '4wdey S Ashley Smith Stormwater Permitting Assistant DES/ams: \\\Stormwater\Permits & Projects\2006\061115 HD\2023 08 addinfo 061115 cc: Wilmington Regional Office Stormwater File D North Carolina Department of Environmenttal Qual ty I Division of Energy.Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington.North Carolina 28405 /� .910.796.7215 Smith, Ashley M From: Smith, Ashley M Sent: Monday, August 21, 2023 5:29 PM To: padraic.molloy@us.mcd.com Subject: Post Construction State Stormwater Permit#SW8061115 Attachments: 2023 08 addinfo 061115.docx.pdf Mr. Molloy, Attached is a pdf of the first request for additional information far the subject project. Please pay special attention to the due date in the letter,which is September 22, 2023 and in accordance with 15A NCAC 02H. 1045(4)(a)(i). As noted in the letter, if all of the requested information cannot be provided by this due date, the application will need to be returned in accordance with 15A NCAC 02H. 1045(4)(a)(ii) to allow for any additional time needed. Also, it was noted that the signature on page 3 of the renewal application is a copy. Please submit an original, hard copy signed application to the Wilmington Regional office at the address below. Unfortunately,we cannot process copies of signatures for applications. Please let me know if you have any questions or concerns.Thank you. Ashley Smith Stormwater Permitting Assistant Wilmington Regional Office Division of Energy, Mineral and Land Resources—Post Construction Stormwater Program North Carolina Department of Environmental Quality Office: (910) 796-7326 ashleym.smith@deq.nc.gov Address: 127 Cardinal Drive Ext., Wilmington, NC 28405 Noun+cnaouNnDKQ�- Depar ent 0 6 viranmemal Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. t Non TPansier Applic ti n Revie ecklist ( a Project Name: � Date Delivered to WIRO: v Project County/Location: BIMS Received/Accepted Date: / Date Given to Admin: p 23 Permit Action: New New Permit#2: BIMS Acknowledged Date: J Not located in the ETJ of the following delegated and functions ng programs: NHC:Carolina Beach/Kure Beach/Wilmington/Wrightsville Beach Bruns: Leland Navassa(?)/Oak Island Cart: Emerald Isle Onsl: Jacksonville Pend: Surf sty Major Mod / Minor Mo Renewal > Existing Permit#: -k &I Applicant&Permittee are the sam03 `Expiration Date°: �— Permit Type: HD/ D/LD Overall/HD&LD Combo General Permit/Offsite/Exempt + Redevelopment F-1Offsite to SW8: Development Type< Commercial esidential/Other �Is Offsite Lot approved in Master Permit?' Subdivided?: Subdivision or Single Lot Rule(s): F-12017 Coastal El2008 Coastal 'F>ql995 Coastal ElPhase II El Universal 1988 Coastal P4,mitt 9,Type&Documents Needed: Pr perty Owner(s) Purchaser Lessee [::]HOA Developer '**'F_JViable? QViable? Viable? Viable? QViable? eed QPurchase Aemt Lease Election Minutes Paperwork A :lication 1 ��1ne ee $5 5(within 6mo) Check#(s): I F Fee �Supplement2(1 new form or for older forms:1 original per SCM) F-1O&M / FlSoi Report(sig eo PP) f\(�r Calcc ulations(signed/sealed) �45 / Deed Restrictions,if subdivided Project Narrative FTSGS Map(or on file?) Subject to SA?: Y / N Subject to ORW?: Y / N Plans(2 Sets) NOTES: 'Enter BIMS Acknowledged Date on this Sheet 2For New Projects-Enter New Permit#on Supplements& Deed Restriction Templates. 3If permittee is different,STOP.Needs to be transferred first. °If w/in 6 months and they are requesting a mod,STOP. Needs a renewal first. slf Lot not approved in master permit,STOP. Master permit needs mod. EMAILED ENGINEER DATE: Comments: REVIEWER NAME: GA\\Reference Library\Procedures\Checklists\Completeness Review Checklist_202109 08 Burd, Tina J From: Burd, Tina J Sent: Tuesday, August 1, 2023 9:08 AM To: padraic.molloy@us.mcd.com Cc: Smith, Ashley M Subject: SW8 061115 - McDonald's Market Street Our office is undergoing renovations please send an email to Ashley Smith for any questions. The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Renewal Application and $505.00 fee for the subject project on July 27, 2023. The project has been assigned to Ashley Smith and you will be notified if additional information is needed. If you have any questions about the project or status of the review, please contact Ashley Smith (cc'd). Best Regards, Tina Burd Administrative Associate II 910-796-7215 New email: tii;a.burd n.deu.nc.aov NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 VNlebsite: htq,_j(dec�c.gpv[about divisions energy-mineralkland-resources stcrmwater V1any employers are .working remotely or arc on staggered shifts. Please check with the appropriate staff before visiting our oliices, as they mae be able to handle your rttwe.sts by phone or email, 1 6 4`^� O ■' (( maw ^6 -"y • ° ♦ � ■�� ■ • ° � + �I �1 � I a" p o ■y JIT "� ao'� } 9 -- IIIIII '+■J poD'o9 ■ �w1 f O 9 O— w1-` ��@_r■a�r.�•� j �pg'i?4k"� °.°�a' ap� ■ �%• O p : 1 O..a■a6w o ■a �`5P a 1111111 -��'S°w • w Iz I ME atiy aa'y"�'y ''� • • OF II \'w0/ 1 -'-1-tip • "k� 6 raryyy ♦ �1y � (I1 ,Rrypo��ry� �� \� 1 ■ a�� —♦-iry^� "� ^ry Ran� y / I •ate ♦ °ary / ® `y —♦—,�I ■ o .�°^ a^� ♦ _ Ow arship Information —�"O�^ F ry •a�'f IN"w� �a ■^8' PID:R04914-002-026000 � \ (� \♦■a1w -♦—w •7° ^"p, �a a^ o� ■ MAPID 313818.419361.000 �0� !i h p ^o ETAX Link ♦ 1 ♦ IN IN --�� 01 ■ aw°� 11 ., ♦ ♦ • I MCDONALDS REAL ESTATE CO °O 'a -'qa'V�"gyp' `_--_�- �� '1° 'S ♦ " ♦ ♦ � tR� a ♦" �� a•'• ■a �ry ♦ PO BOX 3992 WILMINGTON,NC 28406 IN o �1F' �'N • o°! 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Book 5986 Page 1761 2016 JUL —8 R1 12:.t441 I, ti�'I"r H,�1fi!^Ire R C1�..C.S.0 I BK: RB 5986 1761-1767 IIIIIIIII�IIIII�II�IIIIIIIIIIII�IIIII RECORDED- 2016022949 07-19-2016 NEW HANOVER COUNTY,NC NC FEE UB.00 11:00:58 AM TAMMY THEUSCH BEASLEY BY:CAROLYN JOHNSON REGISTER OF DEEDS DER Prepared by and Return to: John F. Oates, Jr.,Assistant Attorney General, N.C. DOT, Attorney General's Office, 1505 Mail Service Center, Raleigh,N.C. 27699 NORTH CAROLINA GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION NEW HANOVER COUNTY 14-CVS-02310 DEPARTMENT OF TRANSPORTATION, ) Plaintiff, ) V. ) CONSENT JUDGMENT MCDONALD'S REAL ESTATE COMPANY, ) Defendant. ) THIS CAUSE coming on to be heard and being heard before the undersigned Judge of the Superior Court and it appearing to the Court and the Court finding as fact: I That this action was duly instituted on the 27's day of June, 2014, by the issuance of Summons,filing of a Complaintand Declaration of Taking andNotice of Deposit andbythe deposit of EIGHTY-TWO THOUSAND FOUR HUNDRED FIVE DOLLARS($82,405.00)as estimated just compensation; that Summons was duly served on the defendant, together with a copy of the Complaint and Declaration of Taking and Notice of Deposit; that the defendant is the only party who has or claims to have an interest in the property described in the Complaint and Declaration of Taking and the title to the property is not in dispute;that the property described in the Complaint and Declaration of Taking is subj ect only to such liens and encumbrances as are set forth in Exhibit"A" of the Complaint and Declaration of Taking;that the defendant,McDonald's Real Estate Company, filed an Answer to the Complaint and Declaration of Taking and Notice of Deposit on July 1,2015; I A TRUE COPY j CLERK OF SUPERIOR COURT NEW HANOVER COUNTY By. Teresa T. Cauon ASA, Derk Of SUperiw COW i Book 5986 Page 1762 -2- i that all parties who are necessary to the determination of this action are properly before the Court; and that the defendant is not under any legal disability; That now,the defendant,McDonald's Real Estate Company,and the plaintiff have reached an agreement whereby the plaintiff has agreed to pay and the remaining defendant has agreed to accept the additional sum of ONE HUNDRED NINETY-SEVEN THOUSAND FIVE HUNDRED NINETY-FIVE DOLLARS ($197,595.00), in full settlement of all claims and that.said additional sum includes any claim for interest and all costs,as full andjust compensation for the appropriation of the interests and areas as set forth in the Complaint and Declaration of Taking and as hereinafter more particularly described; for any and all damages caused by the acquisition for construction of Department of Transportation Project WBS 34932.2.2, ID# U-333813, New Hanover County, compensable under NCGS Chapter 136; and for the past and future use thereof by the Department ofTransportation,its successors and assigns,for all purposes for which the Department is authorized by law to subject the same; NOW,THEREFORE,IT IS ORDERED, ADJUDGED AND DECREED: 1. That the Department of Transportation, plaintiff herein, was entitled to acquire and did acquire on;the 2r day of June, 2014, by the filing of a Complaint and Declaration of Taking and Notice of Deposit,together with the deposit of EIGHTY-TWO THOUSAND FOUR HUNDRED FIVE DOLLARS ($82,405.00), those certain interests or estates and areas, hereinafter more particularly described, in, over, upon and across the property of defendant, and that said property of defendant is described as follows: Being all of that tract of land more particularly described in that certain MEMORANDUM OF ACTION captioned "DEPARTMENT OF TRANSPORTATION,Plaintiff, v. MCDONALD'S REAL ESTATE COMPANY, Defendant'recorded in the Office of the Register of Deeds for New Hanover County in Book 5823, Page 2976, reference to which MEMORANDUM OF ACTION is made for a more particular description of said property of the defendant. 2. That the interests or estates acquired in,over,upon and across the herein above described property of defendant are described as follows: Fee simple title to right of way for all purposes for which plaintiff is authorized by law to subject the same,and a slope easement for providing lateral support to the highway,or land adjacent thereto, which easement will terminate at such time at such time as the owners lower or raise the elevation of the land adjacent to said highway to the extent that such lateral support is no longer needed and,in addition, a temporary construction easement to continue until the completion of the project, at which time said temporary construction easement will terminate. Also, a temporary drainage easement to continue until the completion of the project, at which time said temporary drainage easement will terminate. i I I Book 5986 Page 1763 -3- A permanent utility easement, for all purposes for which plaintiff is authorized by law to subject the same. Said utility easement in perpetuity is for the installation and maintenance of utilities, and for all purposes for which the Department of Transportation is authorized by law to : subject the same. The Department of Transportation, and its agents or assigns shall have the right to construct in a proper manner in,upon and through said premises a utility line with all necessary pipes,poles and appurtenances,together with the right at all times to enter said permanent drainage easement areas for the propose of inspecting said utility lines and making all necessary repairs and alterations thereon; together with the right to cut away and keep clear of said utility lines, all trees and other obstructions that may in any way endanger or interfere with the proper maintenance and operation of the same with the right at all times of ingress, egress and regress. The Department of Transportation shall have the right to construct and maintain-the cut and/or fill slopes in the above- described permanent utility easement areas. The permanent utility easement shall be used by the Department of Transportation for additional working area during the above described project. 3. That the areas acquired in, over, upon and across the hereinabove described property are accurately shown upon a map,entitled"PROPERTY DESCRIBED IN CIVIL ACTION ENTITLED STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION VS.MCD ONALD'S REAL ESTATE COMPANY,NEW HANOVER COUNTY 2014-CVS-2310" as Parcel 126, filed by the plaintiff in this action on the 22"d day of February, 2016, to include survey lines and station numbers as are delineated on the Project Plans for Department of Transportation Project I.D.#U- 3338B, (WBS 34932.2.2) as Parcel 126, on file in the Right of Way Branch of the Department of Transportation, Transportation Building, in Raleigh, North Carolina, and also on a copy of said plans, which are or will be recorded, as required by law, in the office of the Register of Deeds of New Hanover County, to which plans reference is made for a greater certainty of the areas and interests herein conveyed,and said areas and interests are described by metes and bounds as follows: NEW RIGHT OF WAY IN FEE SIMPLE: Beginning at Point "1" being N. 00°14'43" E. 82.71 ft. from -Y6-, Sta. 14+79,54, thence N. 8905727" E. 59.84 ft. to point 7'; thence N. 77°40'49" E. 158.88 ft. to point 1"; thence S. 06025'06" E. 18.20 ft. to point "5"; thence S. 77°28'54" W. 143.27 ft. to point "6"; thence N. l 78051'59" W. 78.71 ft. to point "1'; returning to the place of beginning. Having an area of 3,231 square feet(0,074 acres),more or less. PERIMANENT UTILITY EASEMENT: Beginning at Point "1" being N. 00°14'43" E. 82.70 ft. from -Y6-, Sta. 14+79.54, thence N. 00014'43" E. 24.42 ft. to point "9"; thence along a curve turning to the left, having a radius of 83.0000 ft. and having a chord with a bearing of N. 85°50'18" E. and a chord distance of 29.91 ft., an are distance of 30.07 ft. along said curve to point"10",thence S. 23'51'34" E. 22.77 ft,to point "11';thence N.81908'55"E. 33.06 ft.to point"12';thence N.76°04'28" E. 107.04 ft.to point"15"; thenceN. 80°24'24"E.21.02 R.to point"16';thence N.57°27'20"E. 19.84 ft.to point"18';thence S. 06025'06" E. 16.95 ft. to point "8'; thence S. 77°40'49" W. 158.88 ft. to point 7'; thence S. 8905727" W. 59.84 ft. to point "I"; returning to the place of beginning. Having an area of2,617 square feet(0.060 acres), more or less. i �I Book 5986 Page 1764 4 Said utility easement in perpetuity is for the installation and maintenance of utilities,and for all purposes for which the Department of Transportation is authorized by law to subject the same. . The Department of Transportation, and its agents or assigns shall have the right to construct in a proper manner in,upon and through said premises a utility line with all necessary pipes,poles and appurtenances,together with the right at all times to enter said permanent drainage easement areas for the purpose of inspecting said utility lines and making:all necessary repairs and alterations thereon; together with the right to cutaway and keep clear of said utility lines, all trees and other obstructions that may in any way endanger or interfere with the proper maintenance and operation of the same with the right at all times of ingress, egress and regress. The Department of Transportation shall have the right to construct and maintain the cut and/or fill slopes in the above- described permanent utility easement areas. The permanent utility easement shall be used by the Department of Transportation for additional working area during the above described project. SLOPE EASEMENT #1: Beginning at Point "9" being N. ,00°14'43" E. 107.12 ft. from -Y6-, Sta. 14+79,54, thence N. 00014'43" E. 10.98 ft. to point "24'; thence N. 71°36'58" E. 19.88 ft. to point "25'; thence S. 89028'05" E. 31.44 ft. to point "26"; thence S. 41°44156" E. 39.31 ft, to point "29"; thence S. 76004'28" W. 4.97 ft. to point "12"; thence S. 81^08'55" W. 33.06 ft. to point "ll"; thence N. 23051'34" W. 22.77 ft. to point "10'; thence along a curve turning to the right, having a radius of 83.0000 ft. and having a chord with a bearing of S. 85'50'18" W. and a chord distance of 29.91 ft., an arc distance of 30.07 ft. along said curve to point"9",returning to the place of beginning. Having an area of 1,524 square feet(0.035 acres),more or less. I' ` SLOPE EASEMENT#2: Beginning at Point "30" being N. 12'19'11" W. 78.86 ft. from -Y6-, Sta. 16+79.97, thence N. 72031'32" E. 16.82 ft. to point "31"; thence S. 01°25'33" W. 2.35 ft, to point "32"; thence S. 80024'24" W. 16.21 ft. to point "30`; returning to the place of beginning. Having an area of 19 square feet(0.0004 acres), more or less. TEMPORARY CONSTRUCTION EASEMENT: Beginning at Point "30" being N. 12°19'11" W. 78.86 ft. from -Y6-, Sta. 16+79.97, thence S. 80024'24"'W. 2.98 ft. to point "15"; thence S. 76°04'28" W. 36.01 ft, to point "14"; thence N. 64020'57" E. 78.10 ft. to point "19"; thence S. 07°17'34" E. 11.41 ft. to point "17"; thence S. 57027'20" W. 19.18 ft. to point "16"; thence S. 80°24'24" W. 1.84 ft. to point "32"; thence N. 01°25'33" E. 2.35 ft. to point"31";thence S. 72°31'32" W. 16.82 ft.to point"30';returning to the place of beginning. Having an area of 789 square feet(0.018 acres), more or less. TEMPORARY DRAINAGE EASEMENT: Beginning at Point "30" being N. 12'19'11" W. 78.86 ft. from -Y6-, Sta. 16+79.97, thence S. 80024'24" W. 2.98 ft, to point "15'; thence S. 76°04'28" W. 36.01 ft. to point 94'; thence N. 64020'57" E. 78.10 ft. to point "19"; thence S. 07°17'34" E. 11.41 ft. to point "17"; thence S. 5702720" W. 19.18 ft. to point "16"; thence S. 80°24'24" W. 1.84 ft. to point "32"; thence N. 01°25'33" E. 2.35.ft.to point"31"; thence S. 72031'32" W. 16.82 ft. to point "30"; returning to the place of beginning. Having an area of 565 square feet(0.013 acres),more or less. Book 5986 Page 1765 -5- 4. That during the process of construction for Project WBS 34932.2.2, 1D#U-3338B, plaintiff shall take care to cause as little disruption as possible to the normal business operations conducted on the property of defendant. Any changes to access to the property shall be coordinated and arranged with the defendant. Notwithstanding the necessity to close access at either of the drives' located on Market and Princess Streets (along the southern boundary of the property) during the period of construction, one of said access points shall remain open at all times, unless otherwise agreed to by the defendant and plaintiff. During such times as the access to the property of the defendant from North Kerr Avenue shall be closed as a result of the aforementioned project, then the access from the property via its driveway on Market Street shall remain open, unless otherwise agreed to by the defendant and plaintiff. Additionally, the plaintiff will conduct construction activities within the easement areas in a manner so as not to interfere with the"drive-thru" except as otherwise agreed to by the defendant and the plaintiff. i 5. That the Department ofTransportation,plaintiff herein,pay into Court the additional sum of ONE HUNDRED NINETY-SEVEN THOUSAND FIVE .HUNDRED NINETY-FIVE DOLLARS ($197,595.00), and that said sum, together with the deposit in this action if not previously disbursed, be disbursed to B.Joan Davis,HOWARD,STALLINGS,FROM,HUTSON, ATKINS, ANGELL& DAVIS, P.A., Post Office Box 12347, Raleigh, North Carolina 27605, in trust and as attorney for the defendant,McDonald's Real Estate Company. 6. That the sum of TWO HUNDRED EIGHTY THOUSAND DOLLARS ($280,000.00), said sum being the total amount of the original deposit plus said additional amount, and including any claim for interest and all costs, is the full, fair and adequate value of and represents just compensation for the taking of the herein above described interests and areas by the Department of Transportation,and for the acquisition by the plaintiff ofthe hereinabove described so bj ect property; for any and all damages caused by the acquisition for construction of North Carolina Department of Transportation Proj ect WBS 34932.2.2,ID#U-333 8B,New Hanover County;for the past and future use thereof by the Department of Transportation,.its successors and assigns for all purposes for which the said Department is authorized by law to subj ect the same. 7. That a copy of this Judgment be certified by the Clerk of Superior Court of New Hanover County to the Register of Deeds,who shall record the same among the land records of said County. 8. That the costs of this action be taxed as paid. This the 1 day of T 2016. V�J JUDGE OF SUPERIO CO T ' I i ' Book 5986 Page 1766 -6- APPROVED AND CONSENTED TO: ROY COOPER Attorney General Gti��2N�/ E. Burke Haywood Special Deputy Attorney General n J F. Oates;Jr. I sistant Attorney Gene 1 J f MCDONALD'S REAL ESTATE COMPANY: S:E�4, BY: NAME:If 4WIk �-M\ TITLE:Sitb PaCsiotjk tlua HOWARD, STALLINGS,FROM,HUTSON, ATKINS, ANGELL&DAVIS,P.A.: i B. oan vis Attorney or efendant - I i I I Book 5986 Page 1767 C��L N II I 4`0 TAM EASLEY SCH New Hanover County o ?; z 0 Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 f WILMINGTON,NORTH CAROLINA 28401 t �• _ Telephone 910-7984530 • Fax 910-798-7751 —171 a#aaa+a+fafaafaf+ffY+#+af+#tf+at+#aaf aaafaaf aafataaRf+#1f+tf f+aaa++aaaaa++ff att ff#f as+f+aaaaa++a+fa of Y++af+f State of North Carolina, County of NEW HANOVER Filed For Registration: 07/19/2016 11 : 00 : 58 AM Book: RB 5986 Page: 1761-1767 7 PGS $26. 00 Real Property $26. 00 Recorder: CAROLYN JOHNSON Document No: 2016022349 f R11}111111ff#f a#+a#faa#YLRfYffaYfa#ff+a#Y##4#if1#1#t###+MRY#Yf#lffltttt#fa#af+l f+YaYYaYff1if 11f ff++f+f fffaY DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. Smith, Ashley M From: Shelia Phenicie <mca.phenicie@gmail.com> Sent: Monday,July 17, 2023 12:54 PM To: Smith, Ashley M Subject: Re: FW: [External] FW: McDonald's - Wilmington, NC (SW8 061115) Designer's Certification - MCD-0515 - Market Street McD File#32-0016/ NSN 00952 CAUTION:External email. Do not click links or open,attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Ok, thank you. I'll get the other one to Jami to fill out too. Thanks Shelia On Mon,Jul 17, 2023 at 12:45 PM Smith, Ashley M <ashleym.smith@deg.nc.gov>wrote: Yes,the renewal letter that went out listed 3 McDonalds permits that need to be renewed. Each one is a different permit, so they each would require a separate application. The paperwork I was looking for when we spoke was the designer certification that stated needed to be submitted. When I said we had the paperwork, I was talking about the certification I found in the file. SW8180212 and SW8061115 still need to be renewed so they both require an application. The paperwork was the designer certifications because that is part of the permitting process. Once we have it on file,we don't need a second one.That's what I meant. But we can't renew permits without the applications. Again, I apologize if that was unclear. Our office is undergoing renovations and we may have intermittent to%phone/voicemail access, if possible, please send an email inquiry. Ashley Smith Stormwater Permitting Assistant Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: (910)796-7215 1 Direct: (910)796-7326 ashleym.smith(a@dea.nc.gov "please note change in email address" 1 NORTH CAROUNAMEQ�'� Department of En ronmamal Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Shelia Phenicie <mca.phenicie@gmail.com> Sent: Monday,July 17, 2023 12:28 PM To: Smith, Ashley M <ashleym.smith@deg.nc.gov> Subject: Re: FW: [External] FW: McDonald's -Wilmington, NC (SW8 061115) Designer's Certification- MCD-0515 Market Street McD File#32-0016/ NSN 00952 CAUTION: External email'. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab.: I'm sorry but I'm still confused. When we talked on the phone I thought we had to do both the Market Street store AND the Bayshore Commons store. You put me on hold and you went to look for some paperwork,you came back and said you had everything you needed for the Market Street and I only had to get the paperwork for the one store at Bayshore Commons. So do I have to do both now? Do I need to send McDonald's USA, U-C a renewal permit form for the Market Street location too? I presume McDonald's has that land too. Shelia Phenicie On Mon,Jul 17, 2023 at 12:19 PM Smith,Ashley M <ashleym.smith@deg.nc.gov>wrote: Hi Shelia, We have the designer certification for the Market Street McDonalds. The letter that you received reminding of the renewal request stated that we needed a designer certification included with your application but that was received 2 from you all already.The permit cannot be renewed without an application. You just do not need to submit another designer certification for that project. I apologize if that was unclear. Our office is undergoing renovations and we may have intermittent to%phone/voicemail access, if possible, please send an email inquiry, Ashley Smith Stormwater Permitting Assistant Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: (910)796-7215 1 Direct: (910)796-7326 ashleym.smith@deg.nc.gov "please note change in email address" PE Q > NOnT-I CAnOLINA Qeporhnent of Environmental Qua Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From:Shelia Phenicie<mca.phenicie@gmail.com> Sent: Monday,July 17, 2023 11:59 AM To:Smith, Ashley M <ashleym.smith@deg.nc.gov> Subject: Re: FW: [External] FW: McDonald's -Wilmington, NC (SW8 061115) Designer's Certification - MCD-0515 Market Street McD File #32-0016/NSN 00952 CAUTION: External email.Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. 3 Good afternoon The permit should be for Bayshore Commons, SW8180212. You had told me on the phone that you had everything for 4301 Market Street. So I am sending Jami Hays the forms that they need to fill out and have notarized. Will they have to send you a different check or is the one you already have sufficient? Thanks for your help. Shelia Phenicie On Mon,Jul 17, 2023 at 11:28 AM Smith, Ashley M <ashleym.smith@deg.nc.gov>wrote: Hi Shelia, Michelle has let me know what is going on with the application. The application she received was for SW8180212: McDonalds at Bayshore Commons, not the SW8061115 in this email. The current application was listing McAnderson's Inc, in Section B of the renewal application as the current permit holder. Our system shows McDonalds USA LLC as the current permit holder. Please see attached permit. In order to accept applications before review, the correct permit holder must be listed on the application. Our office would need a new application with the correct permittee listed in Section B. I hope this helps! Please let me know of any questions. Thanks! Our office is undergoing renovations and we may have intermittent to%phone/voicemail access if possible, please send an email inquiry. Ashley Smith Stormwater Permitting Assistant Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 9 Office: (910)796-7215 1 Direct: (910)796-7326 ashleym.smith@deg.nc.gov "please note change in email address" NORTIi PE Q > De" enf of E vira=eM l p afity Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Smith,Ashley M Sent: Friday,July 14, 2023 4:51 PM To: Shelia Phenicie <mca.phenicie@gmail.com> Subject: RE: FW: [External] FW: McDonald's-Wilmington, NC (SW8 061115) Designer's Certification - MCD-0515 Market Street McD File#32-0016/NSN 00952 Hi Shelia, We have limited phone access (really none) as our office is currently under renovations. I have reached out to Michelle to help answer your questions. She does the completeness review of applications submitted (before we accept application fees and complete the review process) which is why the application has not made it into our system or my office yet. She will be able to explain what needs to happen so the application can be accepted. She should contact you soon. Thank you for letting me know. Our office is undergoing renovations and we may have intermittent to%phone/voicemail access, if possible, please send an email inquiry. Ashley Smith Stormwater Permitting Assistant Division of Energy, Mineral, and Land Resources 5 North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 2840S Office: (910)796-7215 1 Direct: (910)796-7326 ashleym.smithc@dea.nc.gov "please note change in email address" NORiH PE Q > Oegfo a ent of Envir monlal Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Shelia Phenicie <mca.phenicie@gmail.com> Sent: Friday, July 14, 2023 4:47 PM To: Smith, Ashley M <ashlevm.smith(@deo.nc.gov> Subject: Re: FW: [External] FW: McDonald's -Wilmington, NC (SW8 061115) Designer's Certification - MCD-0515 Market Street McD File #32-0016/ NSN 00952 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu.bat on the Home tab. Good afternoon Ashley, I left you a voicemail today about the renewal form. From I read above, you haven't received the form or the check yet. I received an email from Michelle Beasley saying she was in receipt of the application packet including the check but could not accept the form because the people that actually own the land have to sign the form. Which part of the form do they need to sign? The notary page? That's the only real place for a signature. Please help Shelia Phenicie 6 On Fri,Jul 14, 2023 at 11:51 AM Hays Jami <Jami.Hays@ us.mcd.com>wrote: Hey Sheila-- please see note from Ashley below. The application is still needed to complete the process for this location. Can you please help complete and submit and copy me when sent? Thanks, Jami Hays Real Estate Portfolio Supervisor I Bethesda/Atlanta Field Offices I m McDonald's Corporation 644 Holly Springs Road, #420 Holly Springs, NC 27540 Cell: (919)215-2951 �D: lami.hays@us.mcd.com From: Smith,Ashley M <ashleym.smith@deg.nc.aov> Sent: Friday,July 14, 2023 11:46 AM To: Hays Jami <Jami.Hays@us.mcd.com> Subject: RE: [External] FW: McDonald's-Wilmington, NC (SW8 061115) Designer's Certification - MCD-0515 Market Street McD File #32-0016 Hi Jami, I have attached the most recently approved permit for the subject file. Our office still has not received the renewal application requested in the January 2023 letter that has been discussed. We no longer need the certification for the renewal process, however the application is still required to be submitted. I have attached a copy of the renewal application and the January letter to this email. Once the application is accepted and reviewed for approval, the renewed application will be mailed out. 7 Please let me know if there are any questions for renewing the subject permit. Thank you. Our office is undergoing renovations and we may have intermittent telephone/voicemail access. If possible, please send an email inquiry. Ashley Smith Stormwater Permitting Assistant Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: (910)796-7215 1 Direct: (910)796-7326 ashleym.smithRdeg.nc.gov "please note change in email address" -----Original Message----- From: Hays Jami <Jami.Hays(@us.mcd.com> Sent: Friday, July 14, 2023 11:32 AM To: Smith, Ashley M <ashleym.smith(a)deg.nc.gov> Subject: RE: [External] FW: McDonald's - Wilmington, NC (SW8 061115) Designer's Certification - MCD- 0515 — Market Street McD File #32-0016 CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Good afternoon, Ashley. When able, can you send us a copy of the updated permit for this location so we have for our files? Thanks, Jami Hays Real Estate Portfolio Supervisor I Bethesda /Atlanta Field Offices I McDonald's Corporation 644 Holly Springs Road, #420 Holly Springs, NC 27540 Cell: (919) 215-2951 C: ]ami.hays(aDus.mcd.com -----Original Message----- From: Smith, Ashley M <ashleym.smith(a7ncdenr.gov> Sent: Monday, March 13, 2023 11:15 AM To: Brian Soltz <BSoltz(o)sambatek.com>; Freeman, Aisia L <aisia.freeman(a ncdenr.gov> Cc: Vanbuuren Leo <Leo.VanbuurenCcbus.mcd.com>; Hays Jami <Jaml.Hays(a)_US.mcd.com> Subject: RE: [External] FW: McDonald's - Wilmington, NC (SW8 061115) Designer's Certification - MCD- 0515 Hi Brian, Thank you for the information! I will be sure to print and file this. A designer certification for the SW8061115 project will not be needed at the time the renewal application is submitted for review. Thanks again. If you need any additional information, please let me know. Ashley Smith Stormwater Permitting Assistant 8 Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: (910)796-7215 1 Direct: (910)796-7326 ashleym.smith(a),ncdenr.gov -----Original Message----- From: Brian Soltz <BSoltz(a)sambatek.com> Sent: Friday, March 10, 2023 11:22 AM To: Freeman, Aisia L <aisia.freeman(cDncdenr.gov>, Smith, Ashley M <ashleym.smith(a)ncdenr.gov> Cc: Leo Van Buuren (Leo.Vanbuuren(@us.mcd.com) <leo.vanbuuren(a)us.mcd.com>, Jami Hays (iami.hays(a)us.mcd.com) <jami.haysAus.mcd.com> Subject: [External] FW: McDonald's - Wilmington, NC (SW8 061115) Designer's Certification - MCD-0515 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam a(�nc.gov> To: aisia.freeman(a'�ncdenr.gov & ashleym.smith(oDncdenr.gov Recently my client McDonald's USA, LLC received notice that your office does not have on record the designer's certification for the above referenced permit. Below is an email where Janet Russell [mailto:Janet.Russell(c)ncmail.net] acknowledge receipt on Wednesday, June 18, 2008 2:36 PM Please reply all that this is part of your record and not required as part of the permit renewal process which McDonald's is beginning at this time. Thanks, Brian Soltz, AICP North Carolina Market Leader Direct: 919.398.6520 1 Mobile: 919,414.4054 -----Original Message----- From: Daniel Brown Sent: Wednesday, June 18, 2008 2:37 PM To: 'Brian Soltz (soltz(a.csitedesign.com)' Subject: FW: McDonald's - Wilmington, NC (SW8 061115) Designer's Certification -----Original Message----- From: Janet Russell (mailto:Janet.Russell(a)ncmail.netl Sent: Wednesday, June 18, 2008 2:36 PM To: Daniel Brown Subject: Re: McDonald's - Wilmington, NC (SW8 061115) Designer's Certification Thank you Daniel. We will file the information in the file. Janet Daniel Brown wrote: > Attached please find the Certification for the above referenced State > Stormwater Permitted site (SW8 061115 Modified). Please confirm your > receipt by reply. > An original will be sent to you in the mail. 9 > Thanks, > > Daniel Brown > COMMERCIAL SITE DESIGN > 919-848-6121 > brown(cf)csitedesign.com The information contained in this e-mail and any accompanying documents is confidential, may be privileged, and is intended solely for the person and/or entity to whom it is addressed (i.e. those identified in the "To" and "cc" box). They are the property of McDonald's Corporation. Unauthorized review, use, disclosure, or copying of this communication, or any part thereof, is strictly prohibited and may be unlawful. If you have received this e-mail in error, please return the e-mail and attachments to the sender and delete the e-mail and attachments and any copy from your system. McDonald's thanks you for your cooperation. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. The information contained in this e-mail and any accompanying documents is confidential,may be privileged,and is intended solely for the person and/or entity to whom it is addressed(i.e.those identified in the'To"and"cc"box).They are the property of McDonald's Corporation.Unauthorized review,use, disclosure,or copying of this communication,or any part thereof,is strictly prohibited and may be unlawful.If you have received this e-mail in error,please return the e-mail and attachments to the sender and delete the e-mail and attachments and any copy from your system.McDonald's thanks you for your cooperation, Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax 0 10 Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax 11 Smith, Ashley M From: Shelia Phenicie <mca.phenicie@gmail.com> Sent: Thursday,July 6, 2023 12:09 PM To: Smith, Ashley M Subject: Re: [External] Re: �ICAUTION: Externafemail. Do not click links or open attachments unless verified.Report suspicious emails with the Report Message `button located on your Outlook menu bar on the Home tab. Will do,thank you. On Thu, Jul 6, 2023 at 12:01 PM Smith, Ashley M <ash]eym.smith@deg.nc.aov>wrote: Hi Shelia, The renewal applications must be submitted hard copy, with original signatures for review. Currently our office only accepts checks made out to NC DEQ. Please include this in the submittal package. Thank you! Ashley Smith Stormwater Permitting Assistant Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: (910)796-7215 1 Direct: (910)796-7326 ashleym.smithC@deg.nc.gov "please note change in email address" t PEQ�� Department of Environmental Owll� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Shelia Phenicie <mca.phenicie@gmail.com> Sent:Thursday,July 6, 2023 11:42 AM To: Smith, Ashley M <ashleym.smith@deq.nc.gov> Subject: Re: [External] Re: CAUTION: External email.Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Here is the form for renewal. Did I fill it out correctly? I know I need to send a check for the$505 or can you take a credit card or the phone? Shelia Phenicie On Thu,Jul 6, 2023 at 11:04 AM Smith, Ashley M <ashleym.smith@deq.nc.gov>wrote: Hi Shelia, Thank you for the information. That is one of the permits that do need to be renewed. As you can see in the permit you previous attached, it expired in 2022. These permits last in perpetuity and are currently required to be renewed every 8 years. I have attached the renewal application that should be completed and submitted to our Wilmington Regional office at the address below for the 180212 permit. 2 The renewal request letter was requesting 3 of the McDonald's permit to be renewed. The application for SW8060335 has been submitted and approved already, so no need to send in another application for that project. I have also had conversation with Brian Soltz about the SW8061115 project back in March. He stated they are working on the renewal for that project. If you need help answering any questions for the SW8180212 project, please let me know. Thank you for working to renew this permit. If you have any questions, comments, or concerns, please feel free to let me know. Ashley Smith stormwater Permitting Assistant Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: (910)796-7215 1 Direct: (910)796-7326 ashleym.smith@deg.nc.gov "please note change in email address" OFF NORTH CAROI�NAD E Q�� oepart ent of Fnvironmenfal puaHtyy Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Shelia Phenicie<mca.phenicie@gmail.com> Sent: Thursday,July 6, 2023 10:27 AM To: Smith, Ashley M <ashleym.smith@deg.nc.gov> Subject: [External] Re: CAUTION: External email. Do not click links or open attachments unless verified.Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. 3 Good morning Ashley, Is there anything else needed from me? Thanks Shelia Phenicie On Thu,Jul 6, 2023 at 10:26 AM Shelia Phenicie <mca.phenicie@gmail.com>wrote: Here is a copy of the permit requested. ---------- Forwarded message --------- From: David Graffius <dgraffius@gravengineering.com> Date: Thu,Jul 6, 2023 at 8:29 AM Subject: Re: To: Shelia Phenicie <mca.phenicie@gmail.com> Hi Shelia, Attached, please find what I have on file for the permit below. ------Original Message ------ From: "Shelia Phenicie" <mca.phenicie@gmail.com> To: dgraffius@gravengineering.com Sent: 6/27/2023 9:40:39 AM Subject: This is what we received. The only restaurant we have to worry about is SW8180212, McDonald's at Bayshore Commons. Thanks for your help. 4 Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax 0 `. -- Virus-free.www.avast.com Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 5 910-799-7548 office 910-799-3603 fax 19 Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official, Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax 6 Smith, Ashley M From: Smith, Ashley M Sent: Thursday, July 6, 2023 11:05 AM To: Shelia Phenicie Subject: RE: [External] Re: Attachments: Renewal Application Form.pdf, 2023 01 req_ren 180212.pdf Hi Shelia, Thank you for the information. That is one of the permits that do need to be renewed. As you can see in the permit you previous attached, it expired in 2022. These permits last in perpetuity and are currently required to be renewed every 8 years. I have attached the renewal application that should be completed and submitted to our Wilmington Regional office at the address below for the 180212 permit. The renewal request letter was requesting 3 of the McDonald's permit to be renewed. The application for SW8060335 has been submitted and approved already, so no need to send in another application for that project. I have also had conversation with Brian Soltz about the SW8061115 project back in March. He stated they are working on the renewal for that project. If you need help answering any questions for the SW8180212 project, please let me know. Thank you for working to renew this permit. If you have any questions, comments, or concerns, please feel free to let me know. Ashley Smith Stormwater Permitting Assistant Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: (910)796-7215 1 Direct: (910)796-7326 ashleym.smith@deg.nc.eov "please note change in email address`* NORTH CP.RO D_E Q�� Oeeartmem of Fnviromnemal Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Shelia Phenicie <mca.phenicie@gmail.com> Sent:Thursday,July 6, 2023 10:27 AM To:Smith,Ashley M <ashleym.smith@deq.nc.gov> Subject: [External] Re: CAUTION: External email'. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. t Good morning Ashley, Is there anything else needed from me? Thanks Shelia Phenicie On Thu,Jul 6, 2023 at 10:26 AM Shelia Phenicie <mca.phenicie@gmail.com>wrote: Here is a copy of the permit requested. ---------- Forwarded message --------- From: David Graff ius <dgraffius@grayengineering.com> Date: Thu,Jul 6, 2023 at 8:29 AM Subject: Re: To: Shelia Phenicie<mca.phenicie@gmail.com> Hi Shelia, Attached, please find what I have on file for the permit below. ------Original Message ------ From: "Shelia Phenicie" <mca.phenicie@gmail.com> To: dgraffius@grayengineering.com Sent: 6/27/2023 9:40:39 AM Subject: This is what we received. The only restaurant we have to worry about is SW8180212, McDonald's at Bayshore Commons. Thanks for your help. Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax Lf® Virus-free.www.avast.com Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 2 910-799-3603 fax Shelia Phenicie Assistant Office Manager McAnderson's Inc. Anderson's Family Foods 910-799-7548 office 910-799-3603 fax 0 3 Smith, Ashley M From: Smith, Ashley M Sent: Monday, March 13, 2023 11:1 S AM To: Brian Soltz; Freeman, Aisia L Cc: Leo Van Buuren (Leo.Vanbuuren@us.mcd.com);Jami Hays (jami.hays@us.mcd.com) Subject: RE: [External] FW: McDonald's -Wilmington, NC (SW8 061115) Designer's Certification - MCD-0515 Hi Brian, Thank you for the information! I will be sure to print and file this. A designer certification for the SW8061115 project will not be needed at the time the renewal application is submitted for review. Thanks again. If you need any additional information, please let me know. Ashley Smith Stormwater Permitting Assistant Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 Office: (910)796-7215 1 Direct: (910)796-7326 ashleym.smith@ncdenr.gov -----Original Message----- From: Brian Soltz<BSoltz@sambatek.com> Sent: Friday, March 10, 2023 11:22 AM To: Freeman, Aisia L<aisia.freeman@ncdenr.gov>; Smith, Ashley M <ashleym.smith@ncdenr.gov> Cc: Leo Van Buuren (Leo.Vanbuuren@us.mcd.com)<leo.vanbuuren@us.mcd.com>; Jami Hays (jami.hays@us.mcd.com) <ja m i.hays@ us.mcd.com> Subject: [External] FW: McDonald's -Wilmington, NC(SW8 061115) Designer's Certification - MCD-0515 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> To: aisia.freeman@ncdenr.gov& ashleym.smith@ncdenr.gov Recently my client McDonald's USA, LLC received notice that your office does not have on record the designer's certification for the above referenced permit. Below is an email where Janet Russell [mailto:Janet.Russell@ncmail.net] acknowledge receipt on Wednesday,June 18, 2008 2:36 PM Please reply all that this is part of your record and not required as part of the permit renewal process which McDonald's is beginning at this time. Thanks, Brian Soltz, AICP North Carolina Market Leader t Direct: 919.398.6520 1 Mobile: 919.414.4054 -----Original Message—--- From: Daniel Brown Sent: Wednesday,June 18, 2008 2:37 PM To: 'Brian Soltz (soltz@csitedesign.com)' Subject: FW: McDonald's -Wilmington, NC (SW8 061115) Designer's Certification -----Original Message----- From: Janet Russell [mailto:Janet.Russell@ncmail.net] Sent: Wednesday,June 18, 2008 2:36 PM To: Daniel Brown Subject: Re: McDonald's-Wilmington, NC(SW8 061115) Designer's Certification Thank you Daniel. We will file the information in the file. Janet Daniel Brown wrote: >Attached please find the Certification for the above referenced State >Stormwater Permitted site (SW8 061115 Modified). Please confirm your > receipt by reply. >An original will be sent to you in the mail. >Thanks, > Daniel Brown > COMMERCIAL SITE DESIGN > 919-848-6121 > brown@csitedesign.com 2 aM1$rAIE o, ROY COOPER - s Governor ELIZABETH S.BISER Y. Secrerary DOUGLAS R.ANSEL NORTH CAROLINA interim Director' Environmental Quality February 7'", 2023 McDonald's USA, LLC Attn: Joseph M. Erlinger,President 110 N. Carpenter Street Chicago, IL 60607 Subject: Stormwater Permit Renewal Request Post-Construction Stormwater Management Permit No. SW8060335 Post-Construction Stormwater Management Permit No. SW9061115 Post-Construction Stormwater Management Permit No. SW8180212 Dear Mr. Erlinger. Post-Construction Stormwater Management Permits SW8060335, SW8061115, and SW8180212 for the projects listed below have expired on the dates listed below. This is a reminder that permit renewal applications are due 180 days prior to their expiration per 15A NCAC 2H.1045(3).North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil penalties. More information about the Post-Construction State Stormwater Program can be found on the following website: deg.nc:gov/SW Permit No. Project Name Last Issued Expiration County Date SW8060335 McDonald's at Sneads Fe 5/4/2006 5/4/2020 Onslow SW80611.15 McDonald's Market Street 10/22/2007 10/22/2021 New Hanover SW8180212 McDonald's at Ba shore Commons 1/31/2019 4/11/2022 New Hanover Please submit a complete permit renewal form for each individual permit along with a $505.00 fee and other submittal requirements within 30 days. The permit renewal form can be found under the Post-Construction section of this website or at: httus:Hdeq.ne.gov/about/divisions/energy-mineral-and-land- resources/stormwater/stormwater-pro¢raiii/post-construction-2. Also, it was noted in the file review that a designer's certification that the project was constructed in accordance with the approved plans as required by the permit has not been submitted for SW8180212 and SW8061115. Please include this with your application. A review of the North Carolina Secretary of State corporation's database revealed that this corporation has a new address new point of contact. Please submit a completed Permit Information Update Form to correct your contact information which is available on the.website provided above under the"Mew Permits& Permit Modifications" section. If you have any questionssegarding this matter, please contact Aisia Freeman (aisia.freeman tt.ncdefin rov)or Ashley Smith(ashleym.smith@nedenr.,gov) either via email or phone at(910)796-7215. Singere t (Up 3;Douglas R. Ansel, Interim Director Division of Energy,Mineral and Land Resources DES/af: \\\Stormwater\Permits&Projects\2006\060335 14D\2023 02 reci ren 060335 \\\Stormwater\Permits&Projects\2006\061115 HD\2023 02 req_ren 061115 \\\Stormwater\Permits&Projects\2018\180212 14D\2023 02 req_rm 180212 cc: Corporation Service Company,Registered Agent;McDonald's USA,LLC;2626 Glenwood Avenue,Suite 550; Raleigh,NC 27608 Wilmington Regional Office Stormwater File �I. North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources®� _ Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 910.796.7215 w_wm cunura • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name McDonald's USA, LLC Information Sosld: 0745819 Status: Current-Active O Date Formed: 9/30/2004 Citizenship: Foreign State of Incorporation: DE Annual. Report Due Date: April 15th CurrentAnnual. Report Status: Registered Agent: Corporation Service Company Addresses Mailing Principal. Office Reg Office 110 N. Carpenter Street 110 N. Carpenter Street 2626 Glenwood Avenue, Suite 550 Chicago, IL 60607 Chicago, IL 60607 Raleigh, NC 27608 Reg Mailing 2626 Glenwood Avenue, Suite 550 Raleigh, NC 27608 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. President Assistant Secretary Manager JOSEPH M ERLINGER Michael Oldham ANGELA K. STEELE 110 N. Carpenter Street 110 N. CARPENTER STREET 110 N. CARPENTER STREET Chicago IL 60607 Chicago IL 60607 Chicago IL 60607 Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, June 03, 2014 3:53 PM To: 'Oten@csitedesign.com' Cc: Scott, Georgette; 'Rob Gordon' Subject: RE: McDonald's -4301 Market St Garrett, Rob forwarded your plans to me as a pdf. The infiltration basin is permitted to contain twice the required volume, and so a bypass is not required. The 2007 narrative says that water in excess of this volume will flow to a pipe and then to a 30ft vegetated buffer, and then to the roadside drainage system. The proposed plan will get rid of the overflow pipe and vegetated buffer. You will want to make sure that there is somewhere for large storms to drain, but since the system is oversized getting rid of the 30ft buffer isn't an issue. The permitted storage volume is 7,157cf which occurs at 42.0msl per the calculations on file. (FYI, the permit says that the bottom elevation is at 39.5msl and that the basin is 3.5ft deep. The depth appears to be a typo. The calculations show that 7,157cf is achieved at elevation 42.0msl with the bottom at 39.5ms1. It appears that the permit should show that the basin is 2.5ft deep.) The proposed plans appear to encroach into the 42.Omsl contour on the permitted plans. It looks like the permit will have to be modified. Kelly From: Johnson, Kelly Sent: Tuesday, June 03, 2014 2:55 PM To: 'Often@csitedesign.com' Cc: Scott, Georgette; 'Rob Gordon' Subject: FW: McDonald's - 4301 Market St Garrett, I am with State Stormwater in the Wilmington Regional Office, and I have been asked to see how this will impact State permit SW8 061115. 1 couldn't open your zip file. (Our server doesn't always let us do that.) But, I have scanned in the portion of our permitted plan that is closest to Market Street. As you can see, there is an infiltration basin with its associated drainage system pretty close to the road. If that system's design will be impacted, the permit will have to be modified to reflect the changes. Something else to consider is that if you have both State and City permits that both cover State requirements it will sometimes work out that you can make the appropriate changes with the City, and then apply to rescind the State's permit. I don't know enough about what the current City permit requires or how it will need to be changed. But, Wilmington has been delegated to implement State Stormwater regulations. So, that is something we can talk more about as things move forward if that would make things easier. If you have further questions, or if you want to set up a time to come review the file please let me know, 910.796.7331. Thanks, Kelly From: Scott, Georgette Sent: Tuesday, June 03, 2014 1:36 PM To: Johnson, Kelly Subject: FW: McDonald's - 4301 Market St Kelly, Can you take a look at SW8 061115 and see how this will impact the permit. 1 From: Rob Gordon (ma ilto:Rob.Gordon(a�wilmingtonnc.gov] Sent: Tuesday, June 03, 2014 11:04 AM To: Garrett Otten Cc: Derek Pielech; Jeff Walton; Scott, Georgette Subject: RE: McDonald's - 4301 Market St Garrett—We can process a revision to the plans so that McD's can make the proposed parking/pipe improvements and move the sign. The far larger concern is when NCDOT makes the adjustments to the entrance, they will impact the permitted stormwater system (City SDP2007058). We obviously cannot hold McD's responsible for work done within the public r/w, but any impacts on private property must be properly permitted, regardless of who is constructing the improvements. This will include, but is not limited to, replacement of any storage lost in the existing BMP/SCM. We have several projects in review now that are making the necessary modifications in advance of the NCDOT work. I cannot proceed with approval for the pipe modification without making these future requirements clear. You may also want to contact NCDENR to determine what their requirements will be as the work will impact the state permit as well. (SSWP SW8061115). Please forward to the responsible party/owner of the site and call or email if you have any questions. Thank you. Robert Gordon, PE Project Engineer City of Wilmington/Engineering (910) 341-5856 From: Garrett Otten [mailto:Otten(alcsitedesign.com] Sent: Friday, May 16, 2014 3:38 PM To: Rob Gordon Subject: McDonald's - 4301 Market St Rob—Thanks for taking a few minutes to discuss this project. I've attached our plan sheets for your review. As I mentioned, our proposed scope of work includes losing one parking space, relocate existing curb inlet by 8' +/-, install junction box and remove section of existing RCP to make room for relocated McDonald's sign, relocate one existing light pole on site. NCDOT will be widening Market St and constructing a new driveway in the near future, we are essentially just getting things out of the way for them. Sheet C-4 shows the future NCDOT improvements, but keep in mind none of that work is happening at this time, the sheet is just for reference. Let me know how we need to approach this from a permitting standpoint. I'm hoping this doesn't need to go through a huge formal process. Have a nice weekend, COMMERCIAL SITE DESIGN Garrett Otten, PE 8312 Creedmoor Road Raleigh, INC 27613 919-848-6121 919-943-0568 CELL 919-848-3741 FAX www.csitedesign.com 2 Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, June 03, 2014 2:55 PM To: 'Otten@csitedesign.com' Cc: Scott, Georgette; 'Rob Gordon' Subject: FW: McDonald's -4301 Market St Attachments: McDonalds.pdf Garrett, I am with State Stormwater in the Wilmington Regional Office, and I have been asked to see how this will impact State permit SW8 06111S. I couldn't open your zip file. (Our server doesn't always let us do that.) But, I have scanned in the portion of our permitted plan that is closest to Market Street. As you can see, there is an infiltration basin with its associated drainage system pretty close to the road. If that system's design will be impacted, the permit will have to be modified to reflect the changes. Something else to consider is that if you have both State and City permits that both cover State requirements it will sometimes work out that you can make the appropriate changes with the City, and then apply to rescind the State's permit. I don't know enough about what the current City permit requires or how it will need to be changed. But, Wilmington has been delegated to implement State Stormwater regulations. So,that is something we can talk more about as things move forward if that would make things easier. If you have further questions, or if you want to set up a time to come review the file please let me know, 910.796.7331. Thanks, Kelly From: Scott, Georgette Sent: Tuesday, June 03, 2014 1:36 PM To: Johnson, Kelly Subject: FW: McDonald's - 4301 Market St Kelly, Can you take a look at SW8 061115 and see how this will impact the permit. G From: Rob Gordon [ma ilto:Rob.GordomC wilmingtonnc.gov] Sent: Tuesday, June 03, 2014 11:04 AM To: Garrett Otten Cc: Derek Pielech; Jeff Walton; Scott, Georgette Subject: RE: McDonald's - 4301 Market St Garrett—We can process a revision to the plans so that McD's can make the proposed parking/pipe improvements and move the sign. The far larger concern is when NCDOT makes the adjustments to the entrance, they will impact the permitted stormwater system (City SDP2007058). We obviously cannot hold McD's responsible for work done within the public r/w, but any impacts on private property must be properly permitted, regardless of who is constructing the improvements.This will include, but is not limited to, replacement of any storage lost in the existing BMP/SCM. We have several projects in review now that are making the necessary modifications in advance of the NCDOT work. I cannot proceed with approval for the pipe modification without making these future requirements clear. You may also want to contact NCDENR to determine what their requirements will be as the work will impact the state permit as well. 1 (SSWP SW8061115). Please forward to the responsible party/owner of the site and call or email if you have any questions. Thank you. Robert Gordon, PE Project Engineer City of Wilmington/Engineering (910) 341-5856 From: Garrett Otten [mailto:Otten(alcsitedesign.com] Sent: Friday, May 16, 2014 3:38 PM To: Rob Gordon Subject: McDonald's - 4301 Market St Rob—Thanks for taking a few minutes to discuss this project. I've attached our plan sheets for your review. As I mentioned, our proposed scope of work includes losing one parking space, relocate existing curb inlet by 8' +/-, install junction box and remove section of existing RCP to make room for relocated McDonald's sign, relocate one existing light pole on site. NCDOT will be widening Market St and constructing a new driveway in the near future, we are essentially just getting things out of the way for them. Sheet C-4 shows the future NCDOT improvements, but keep in mind none of that work is happening at this time, the sheet is just for reference. Let me know how we need to approach this from a permitting standpoint. I'm hoping this doesn't need to go through a huge formal process. Have a nice weekend, COMMERCIAL SITE'DESIGN Garrett Otten, PE 8312 Creedmoor Road Raleigh, NC 27613 919-848-6121 919-943-0568 CELL 919-848-3741 FAX www.csitedesign.com 2 8312 Creedmoor Road 919.848.61121 Phone 919.848.374176 13 COMMERCIAL Fax SITE DESIGN www . csitedesi9n . com TRANSMITTAL COVER SHEET To: c: Linda Lewis NCDI.NR-DWQ 127 Cardinal Drive Extension Wilmington,NC 28405 (910) 935-3900 SENDER: PROJECT NAME: Brian 1'. Soltz McDonald's—Wilmington,NC (32-0016) DATE: PROJECT NUMBER: 6/19/08 A-ICD-0518/SW8 061115 ❑OVERNIGHT a REGULAR MAIL ❑HAND DELIVER ❑HOLD FOR PICK-UP COPIES DATE: DESCRIPTION 1 Designer's Certification gZECEI BY NOTES/COM M ENl S: I-'ind enclosed Original as emailed to you on 6/18/8. Please call me if you lTave any questions. Thanks, Brian Soltz McDonald's- Wilmington, NC(SW8 061115) Designer's Certification Subject: McDonald's - Wilmington, NC (SW8 061115) Designer's Certification From: "Daniel Brown" <brown@csitedesign.com> Date: Wed, 18 Jun 2008 14:32:31 -0400 To: "Linda Lewis" <linda.lewis@ncmail.net> CC: 'Janet Russell" <Janet.Russel l@ncmai1.net>, "Brian Soltz" <soltz@csitedesign.com> Attached please find the Certification for the above referenced State Stormwater Permitted site (SW8 061115 Modified) . Please confirm your receipt by reply. An original will be sent to you in the mail. Thanks, Daniel Brown COMMERCIAL SITE DESIGN 919-848-6121 brown@csitedesign.com 6-18-2008 DWQ Content-Description: Stormwater 6-18-2008 DWQ Stormwater Certification.pdf Certification.pdf Content-Type: application/octet-stream Content-Encoding: base64 1 of 1 6/18/2008 2:35 PM ' State Stormwater Management Systems Permit No. SW8 061115 Modification Page 1 of 2 Mc Donald's, Wilmington, NC Stormwater Permit No. SW8.061115 Modification October 22, 2007 New Hanover County _. . .....: .. Designer's Certification I, VaAial R• Brown as a duly registered _ E in the State of North Carolina, having been authorized to observe eriodicall i weekly/full time) the construction of the project, /J�c�o>`a�� S , Wi�Mingfofl, NC. $IMS Ob 1IIS (Project) for rAe DonaVs U sAj 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 included in the,Certification. Noted deviations from approved plans and specification; N`c ' 4 Signature Registration Number p�rt�fOf3 Date uncf.,p� Page 6 of 7 State Stormwater.Management Systems Permit No..SW8 061115 Modification Page 2.of 2 McDonald's, Wilmington, NC Stormwater:PermiYN0. SW8 061115:Modification` r October22, 2007' New Hanover County Certification Requirements. D(� 1. The drainage area to the system contains approximately the permitted acreage.. Dg 2. The drainage area to the system contains no more than the permitted amount of built-upon.area. D13 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.runof.isAirected into the system N/A S The bypass structure welr,elevation is,per the approved plan N/A 6 She bypass structure is,iocated per the'approved'plans N/A 7 A TrasheRack-is provided on''the bypass 'structure. TD 8. All slopes are grassed with permanent.vegetaUon. " I)I3_9- . Vegetated slopes are no steeper than 3:1. D6 10. The inlets are located per the approved plans and do not cause sHort-circuiting of the system. �)g 11 The permitted amounts of surface area and/or.volume have been provided, 12, All required design depths are provided:`• _D 13 All required parts of the system are provided 14 The required system dimensions are provided per the approved plans cc: NCDENR DWQ Regional Office Tony Roberts New.Hanover County'Building Inspections Page,7 of 7