SW8011004_Current Permit_20020227

WATFR Michael F. Easley, Governor
llaQG William G. Ross, Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilmington Regional Office
February 27, 2002
Mr. Perry Ragsdale, Senior VP
Chick-Fil-A, Inc.
5200 Buffington Road
Atlanta, GA 30349-2998
Subject: Permit No. SW8 011004
Chick-Fil-A Restaurant Outparcel#4
Stormwater Project served by an Offsite System
New Hanover County
Dear Mr.Ragsdale:
The Wilmington Regional Office received a complete Stormwater Management Permit Application for Chick-Fi1-A
Restaurant Outparcel#4 on February 27,2002. Staff review of the plans and specifications has determined that the
project,as proposed,will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are
forwarding Permit No. SW8 011004, dated February 27, 2002, for the construction of Chick-Fil-A Restaurant
Outparcel#4.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and
limitations as specified therein.
If any parts,requirements,or limitations contained in this permit are unacceptable,you have the right to request an
adjudicatory hearing upon written request within thirty(30)days following receipt ofthis permit. This request must
be in the form of a written petition,conforming to Chapter 150B of the North Carolina General Statutes,and filed
with the Office of Administrative Hearings,P.O.Drawer 27447,Raleigh,NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter,please contact Noelle Lutheran,
or me at(910) 395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/:nml S:IWQSISTORMWATIPERMIT1011004.011004.FEB
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cc: Michael S. White,P.E.
Tony Roberts,New Hanover County Inspections
Wal-Mart Stores East,Inc.
Beth E. Wetherill New Hanover County Engineering
Division of Coastal Management
Noelle Lutheran
Wilmington Regional Office
Central Files
1471,
ITOENR
N.C.Division ofWater Quality 127 Cardinal Drive Btension Wilmington,N.C.28405 [phone] Fax[phone] Customer Service
1 800-623-7748

State Storm ate:Manatiement Systems
Permit No. SW8 011004
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
SERVED BY AN OFF-SITE STORMWATER CONTROL
In accordance with the provisions of Article 21 of Chapter 143,General Statutes of North Carolina as amended,and
other applicable Laws,Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Chick-Fil-A, Inc.
Chick-Fil-A Restaurant Outparcel#4
New Hanover County
FOR THE
construction of impervious areas with runoff to be treated in an offsite permitted stormwater facility,in compliance
with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved
stormwater management plans and specifications and other supporting data as attached and on file with and approved
by the Division of Water Quality and considered a part of this permit. The stormwater runoff from the site will be
routed to a a wet detention pond operated and maintained by Wal-Mart Stores East, Inc., under the terms and
conditions set forth in Permit No. SW8 001130.
This permit shall be effective from the date of issuance until rescinded,and shall be subject to the following specified
conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the application
and other supporting data.
2. The runoff associated with this project has been approved to be discharged into a stormwater management
system permitted under SW8 001130, as described on page 3 of this permit,the Project Data Sheet.
3. The built-upon area allotted to this development by Stormwater Management Permit#SW8 001130 is 45,756
square feet. This project proposes 40,758 square feet.
4. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of the permit.
5. All stormwater collection and treatment systems must be located in either dedicated common areas or
recorded easements.The final plats for the project will be recorded showing all such required easements,in
accordance with the approved plans.
6. The runoff from the permitted built-upon area must be directed into the permitted stormwater system.
2

State Stormwater Management Systems
Permit No. SW8 011004
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name: Wal-Mart Supercenter-Monkey Junction
Permit Number: SW8 001130
Location: New Hanover County
Applicant: Mr. S. Richard Levin,Asst.Vice President
Mailing Address: Wal-Mart Stores East, Inc.
SWDC Real Estate/East#0550
2001 SE 10th Street
Bentonville,AR 72716-0550
Application Date: May 15, 2001
Name of Receiving Stream/Index#: Cape Fear/Mott Creek/ 18-82
Classification of Water Body: "C Sw"
If Class SA,chloride sampling results: n/a
Pond Depth,feet: 5.5
Permanent Pool Elevation, FMSL: 15
Drainage Area, acres: 40.012
Total Impervious Surfaces, ft2: 1,358,637
Offsite Area entering Pond, ft2: Sneeden Road @77,537
Lowe's Outparcels 209,088 (82%)
Outparcel#4-45,756
Required Surface Area, ft2: 63,060
Provided Surface Area, ft2: 65,102.
Required Storage Volume, ft3: 109,160
Provided Storage Volume, ft3: 110,968
Temporary Storage Elevation, FMSL: 16.6
Controlling Orifice: 4.5"cp pipe
3

State Stormwater Management Systems
Permit No. SW8 011004
II. SCHEDULE OF COMPLIANCE
1. The offsite stormwater management system shall be constructed in it's entirety,vegetated and operational for
its intended use prior to the construction of any built-upon surface associated with this project.
2. During construction,erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
3. Wal-Mart Stores East,Inc.,shall at all times provide the operation and maintenance necessary to assure the
permitted stormwater management system functions at optimum efficiency. The approved Operation and
Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals
including,but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. The permittee is responsible for keeping the collection system on the lot clear of debris,and keeping the site
stabilized in accordance with the requirements of the NC Erosion and Sediment Control Design Manual.
5. Wal-Mart Stores East, Inc., must keep records of maintenance activities and make them available upon
request to authorized personnel of DWQ. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
6. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of
this permit,the approved plans and specifications,and other supporting data.
7. Wal-Mart Stores East,Inc.,is responsible for providing,prior to issuance of a Certificate of Occupancy,and
prior to operation of the ipermitted stormwater management facility, a certification from an appropriate
designer for the system installed,certifying that the permitted facility has been installed in accordance with
Stormwater Permit #SW8 001130, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted on the
Certification.
8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum
of ten years from the date of the completion of construction.
9. This lot is limited to the amount of built-upon area indicated in the supporting calculations and per approved
plans.The project must have a built-upon area less than or equal to the amount permitted under Stormwater
Permit#SW8 001130. Additional built-upon area will require a modification to the overall Permit.
10. Wal-Mart Stores East, Inc., must record any deed restrictions as required by their permit , and they must
verify that the proposed built-upon area does not exceed the allowable built-upon area.Once the lot transfer
is complete,the built-upon area may not be revised without approval from the permittee,and responsibility
for meeting the built-upon area limit is transferred to the individual property owner.
11. The drainage features shown as a part of the stormwater management system on the approved plan shall not
be filled in, altered, or piped by any party without first submitting a revision to the permit and receiving
approval from the Division.
4

State Stormwater Management Systems
Permit No. SW8 011004
12. The following items will require a modification to this permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area.
e. Further subdivision, acquisition or selling of the project area. The project area is defined as all
property owned by the permittee,for which Sedimentation and Erosion Control Plan approval or a
CAMA Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
13. The Director may determine that other revisions to the project should require a modification to the permit.
14. The permittee shall notify the Division of any name,ownership or mailing address changes within 30 days.
15. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit,Within the time frame specified in the notice,the permittee shall submit a written
time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall
provide copies of revised plans and certification in writing to the Director that the changes have been made.
III. GENERAL CONDITIONS
1. This permit is not transferable except after notice to and approval by the Director. In the event there is a
desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit
request must be submitted to the Division of Water Quality accompanied by an application fee,
documentation from the parties involved, and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and may or may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality,in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
Wal-Mart Stores East,Inc.,shall take immediate corrective action,including those as may be required by this
Division, such as the construction of additional or replacement stormwater management systems.
5. The permittee grants permission for DENR Staff to enter the property for the purpose of inspecting all
components of the permitted stormwater management facility.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a
permit modification,revocation and reissuance or termination does not stay any permit condition.
Permit issued this the 27th day of February, 2002.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
•
Gregory J. Thorpe,Ph.D., cting Director
Division of Water Quality
By Authority of the Environmental Management Commission
5

State Stormwater Management Systems
Permit No. SW8 011004
Chick-Fi1-A Restaurant Outparcel#4
Stormwater Permit No. SW8 011004
New Hanover County
Designer's Certification
I, ,as a duly registered in
the State of North Carolina,having been authorized to observe(periodically/weekly/full time)the construction of
the project,
(Project)
for (Project Owner)hereby state that,to the best of my abilities,due care
and diligence was used in the observation of the project construction such that the construction was observed to be
built within substantial compliance and intent of the approved plans and specifications.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
6

State Stormwater Management Systems
Permit No. SW8 011004
Certification Requirements:
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built-upon area.
3. All the built-upon area associated with the project is graded such that the runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
_8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-circuiting of the system.
10. The permitted amounts of surface area and/or volume have been provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf', and a forebay.
14. The overall dimensions of the system, as shown on the approved plans, are provided.
cc: NCDENR-DWQ Regional Office
Tony Roberts,New Hanover County Building Inspector
7

' e.
•
da,:z >
Date Received Fee Paid Permit Number
f® f LI1 `� / ,) aro
State of North Carolina
Department of Environment and Natural Resources
Division of Water.Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name(specify the name of the corporation,individual,etc.who owns the project):
Chick-Fil-A, Inc.
2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance):
Perry Ragsdale, Senior VP
3. Mailing Address for person listed in item 2 above:
Chick-Fil-A, Inc., 5200 Buffington Road
City Atlanta State: GA Zip: 30349-2998
Telephone Number: ( 404 ) 765-8000
4. Project Name(subdivision,facility,or establishment name-should be consistent with project name on
plans,specifications,letters,operation and maintenance agreements,etc.):
Chick-Fil-A Restaurant, 0utparcel #4, Lowe's Shopping Center, S. College Road(NC HWY13
- Lowe'a Shopping Center
5. Location of Project(street address): 5106 south College Road
Outparcel #4, Lowe's Shopping Center, S. College Road .(NC Hwy 132)
city: N/A County: New Hanover County
•6. Directions to project(from nearest major intersection):
Site Located on OP #4 in front of Lowe's Shopping Center on NC Hwy 132 just.
north of the intersection of Carolina Beach Road +
7. Latitude: N34-03-45 Longitude: W77-53-40 of project
8. Contact person who can answer questions about the project:
Name: Michael S. White, P.E. - Telephone Number: ( 843 ) 556-4261
IL PERMIT INFORMATION:
1. Specify whether project is(check one): X New Renewal Modification
Form SWU-101 Version 3.99 Page 1 of 4

•
2. If this application is being submitted as the result of a renewal or modification to an existing permit,list the••
existing permit number N/A and its issue date(if known) N/A
3. Specify the type of project(check one):
Low Density x High Density Redevelop General Permit Other
4. Additional Project Requirements(check applicable blanks): Gf1"5 r T�
_CAMA Major %Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below,summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages)describing stormwater management for the project.
•
Sediment and Erosion Control will involve the use of catch basin inlet protection,
silt fence, temporary gravel construction entrance, and applicable best management
practices. (Stormwater Procedures Narrative included on Sheet C3)
2. Stormwater runoff from this project drains to the Cape Fear River basin.
3. Total Project Area: 1.28 acres 4. Project Built Upon Area: >4L 13.1
5. How many drainage areas does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project,attach an additional sheet with the information for each area provided in the same format as below.
e
Basin inhumation brainage Area brainage Area 2
• Receiving Stream Name Motts Creek
Receiving Stream Class C Sw
Drainage Area 1.28 acres
Existing Impervious*Area 0
Proposed Impervious*Area 0.91 acre
%Impervious*Area(total) )47,-• I p.1016
blamer Avea
Nam"Area
On-site Buildings ;4210 SF
On-site Streets --
On-site Parking 27,007 SF
On-site Sidewalks 6,175 3F
Other on-site Oacze55 ) -- 3, 310(0
Off-site 2,464 SF
Total: 39,856 -SF—(-fr79r a,) Total: `-f®05:ar934, Qcr 30i z
*Impervious area is defined as the built upon area including,but not limited to,buildings,roads,parking areas,
sidewalks,gravel areas,etc.
Form SWU-101 Version 3.99 Page 2 of 4

7. How was the off-site impervious area listed above derived? AutoCAD areas calculated by computer
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italic i7ed deed restrictions and protective covenants are required to be recorded for all.
subdivisions,outparcels and future development prior to the sale of any lot. If lot sizes vary significantly,a
table listing each lot number,size and the allowable built:upon area for each lot must be provided as an
attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit
number SW8001130 as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
AAk
2. No more than 3 9 square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt,gravel,concrete,brick,stone,slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. SwaIes shall not be filled in,piped,or altered except as.necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below,you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above,that the covenants will be binding on all parties and.
persons claiming under them,that they will run with the land,that the required covenants cannot be changed or
deleted without concurrence from the State,and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s)listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at(919)733-5083 for the
status and availability of these forms.
•
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-I06 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWIJ-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality(DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form MSW
• One copy of the applicable Supplement Form(s)for each BMP MSW
• Permit application processing fee of$420(payable to NCDENR) MSW
• Detailed narrative description of stormwater treatment/management MSW
• Two copies of plans and specifications,including: MSW
-Development/Project name
-Engineer and firm
-Legend
-North arrow
-Scale
Revision number&date
-Mean high water line
-Dimensioned property/project boundary.
-Location map with named streets or NCSR numbers
-Original contours,proposed contours,spot elevations,finished floor elevations
-Details of roads,drainage features,collection systems,and stormwater control measures
-Wetlands delineated,or a note on plans that none exist
-Existing drainage(including off-site),drainage easements,pipe sizes,runoff calculations
-Drainage areas delineated
-Vegetated buffers(where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf,please complete this section:
Designated agent(individual or firm): G. Robert George & Associates, Inc.
Mailing Address: P.O. Box 32158
City: Charleston State: SC zip: 29417
Phone: ( 843 ) 556-4261 Fax: ( 843 ) 571-0276. .. .
a
VIIL APPLICANT'S CERTIFICATION
I,(print or type name of person listed in General Information,item 2) Perry Ragsdale, :,.Senior VP ,
certify that the information included on this permit application form is,to the best of my knowledge,correct and
that the project will be constructed in conformance with the approved.plans,that the required deed restrictions
and protective covenants will be recorded,and that the proposed project complies with the requirements of 15A
NCAC 2H.1000
Signature: Date: /O-05-O
erry Ragsdale
Form SWU-101 Version 3.99 Page 4 of 4

Permit No. 8 0 f/-0
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
OFF-SITE-SYSTEM SUPPLEMENT
FOR DEVELOPMENT DRAINING TO PERMITTED OFF-SITE TREATMENT SYSTEMS
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, an
off-site system supplement for each off-site stormwater treatment system, appropriate supplement forms for
any on-site stormwater treatment systems, and plans and specifications showing all stormwater conveyances
and drainage details for the project.
I. PROJECT INFORMATION
5106 South College Road
Project Name : Chick-Fi1-A Restaurant @"Lowe's Shopping Center, NC Hwy 132
Contact Person.: Michael,.S.. White,. Phone Number: (843 ) 556-4261
Is all drainage from the project directed to the off-site system?(circle one): (Yes) No
II. OFF-SITE SYSTEM INFORMATION(please complete the following information for the off-site
system that will treat runoff from your project):
Permit No. SW 8001130
Project Name: Wal-Mart Super Center #1348
Type of System(wet pond, infiltration basin,etc.): Wet. pond
Lot No. (if part of a subdivision): 0.P. #4
How much built upon area draining to the permitted treatment system has been allocated to this
project? 39..422 SF
III. REQUIRED ITEMS CHECKLIST
Prior to issuingan off-sitepermit, verification of the following informatio st be rovided. Initial in the
g p P:
space provided to indicate that the following requirements have been meted`"supporting documentation is
attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form,
the agent may initial below. If a requirement has not been met, attach j ustifica(i&n c ,;:>. ` .
Form SWLJ-106 Ver 3.99 Page 1 of 2

#r ,
A 7
Applic is Initials
O' a. Deed restrictions limiting the built-upon area on the site have been recorded.
b. Engineers certification for the existing off-site system has been submitted to DWQ.
c. There are no outstanding Notices of Violation for the off-site system.
A^9" d. Off-site system is in compliance with the issued permit.
IV. STORMWATER COLLECTION SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time.
2. Accumulated sediment and trash will be removed from the collection system as necessary. Swales and
ditches will be reseeded or sodded following sediment removal.
3. Eroded areas of swales and ditches will be repaired and reseeded. Swales and ditches will be revegetated
as needed based on monthly inspections.
4. The collection system,including catch basins, curb cuts, velocity reduction devices,and piping,will be
inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be
cleared away from grates, curb cuts, velocity reduction devices, and piping.
5. The collection system may not be altered in any way without prior approval from NCDENR Division of
Water Quality.
I acknowledge and agree by my signature below that I am responsible for maintaining the stormwater
collection system in accordance with the five maintenance procedures listed above. I agree to notify DWQ of
any problems with the system or prior to any changes to the system or responsible party.
Print Name and Title: Perry Ragsdale , Senior Vice-President
Address: Chick-Fit-A, Inc., 5200 Buffington Road, Atlanta, GA 30349
Phone: 404-7.'-8001) Date: October 2, 2001
Signature: -
Note: The legally responsible party should not be a homeowners association unless more than 50%of th*lots have been sold and
a resident of the subdivision has been named the president.
J.Tarn err- ,a Notary Public for the State of Ci i R ,County of
F e14e_ ,do hereby certify that Terry lr. RAgsc4Ak, personally appeared before me this
day of , d bo 1 ,and acknowledge the due execution of the forgoing infiltration
basin maintenance n,m�n.ur n less my hand and official seal,
sSe:4V tf.„°11.414.464.la
_ GEORG/A
SEAf�� ,, 1utc My commission expires I I-0 I-o3
clO
Form SWU-106 Rev ',,,,�,,0i`',`` Page 2 of 2

NIM PHONE 0
111 PRINCESS STRE T,WILMINGTON,N.C. 28401
Z I ER )342-9144
FAX: [phone]
DEVELOPMENT
COMPANY
Fait
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND CONFIDENTIAL
INFORMATION INTENDED ONLY FOR THE USE OF THE INIDIVDUAL OR ENTITY NAMED BELOW. IF THE READER OF
THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINIATION,
DISTRIBUTION OR COPY OFTHIS FACSIMILE MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
FACSIMILE MESSAGE IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL
MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE WE WILL SE GLAD TO
REIMBURSE YOU FOR POSTAGE. THANK YOU.
To: Noelle Lutheran—NCDENR-DWQ From: Kim N. Slays
Fax: [phone] Pages: 4
Phone: [phone] Date: February 27, 2002
Re: Monkey Junction, Wilmington, NC CC:
❑ Urgent 0 For Review ❑ Please Comment ® For Your Information
Noelle:
Per my telephone conversation with Mark Hargrove of WK Dickson, enclosed please find the
Declaration of Stormwater Restrictive Covenants for Zimmer Development Company's
property located at Monkey Junction.
Kim Slays
t00/I00 'd Iti6Zt60I61g MIVdYIOO ZNaNIdO'I2AaG amIZ NiY 6I :50 flu ZOOZ-RT-gq= _

DECLARATION OF STORMWATER RESTRICTIVE COVENANTS
THIS DECLARATION OF STORMWATER RESTRICTIVE
COVENANTS (the "Declaration") is made and entered into this _ day of February,
2002, by ZP NO. 116, LLC, a North Carolina limited liability company (the
"Declarant")whose address is 111 Princess Street,Wilmington,North Carolina,28401.
WJTNESSETH:
WHEREAS, the Declarant is the fee simple owner of certain real property
located in Wilmington,North Carolina and more particularly described as follows:
1. Being all of Parcel A containing 5.689 +/- acres located in Masonboro
Township, New Hanover County, North Carolina, as shown on a map
entitled "Survey Plat Re-Combination of Lands for ZP No. 116, LLC, Part
of Myrtle Grove Farms, Inc. (DB. 279,PG. 587), South College Road—N.
C. Hwy. 132", said map being recorded in Map Book 40, Page 91, New
Hanover County Registry("Parcel A"); and
2. Being all of Parcel B containing 5.484 +/- acres located in Masonboro
Township, New Hanover County; North Carolina, as shown on a map
entitled"Survey Plat Re-Combination of Lands for ZP No. 116, LLC, Part
of Myrtle Grove Farms, Inc. (DB. 279,PG. 587), South College Road—N.
C. Hwy. 132", said map being recorded in Map Book 40, Page 91, New
Hanover County Registry("Parcel B").
3. Being all of Lot W-5 containing.838.+/-acres located in New Hanover
County,North Carolina, as shown on a map entitled "SUBDIVISION
MAP PRITCHARD LOTS W4,W5, &W6 PART OF LOTS 13 &14,
MRYTLE(sic) GROVE FARMS,INC.",said map being recorded in Map
Book 40,Page 321,New Hanover County Registry("Parcel C").
4. Being all of Lot W-1 containing.266+/-acres located in New Hanover
County, North Carolina, as shown on a map entitled"SUBDIVISION
MAP LOTS Wl,W2, &W3 PART OF LOTS 15 & 16, MYRTLE
GROVE FARMS,INC',said map being recorded in Map.Book 40,Page
319,New Hanover County Registry("Parcel D").
WHEREAS, Declarant intends to lease Parcel A in four separate outparcels as
shown on the attached Exhibit A as "Outparcel 1", "Outparcel 2", "Outparcel 3", and
"Outparcel 4"; and
WHEREAS, Declarant intends to lease Parcel C and Parcel 1) (collectively,
"Outparcel 5"); and
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WHEREAS, the North Carolina Department of Environment and Natural
Resources requires certain covenants to burden Parcel B, Outparcel 1, Outparcel 2,
Outparcel 3, Outparcel 4, and Outparcel 5 (collectively, the "Property") in order to satisfy
certain North Carolina stormwater regulations.
NOW, THEREFORE, Declarant hereby declares that the Property shall be held,
conveyed, encumbered, leased, rented, used, occupied and improved subject to the
covenants and restrictions (all hereinafter sometimes referred to as "Covenants")
hereinafter set forth.
1. The following Covenants are intended to ensure ongoing compliance with North
Carolina State stormwater management permit number SW8001130 as issued by the
North Carolina Division of Water Quality. These Covenants may not be changed or
deleted without the consent of the North Carolina Division of Water Quality.
2. The structures and impervious materials on the Property shall not exceed the
following:
a. Outparcel 1—46,613.56 square feet;
b. Outparcel 2—69,188.09 square feet;
c. Outparcel 3—34,326.15 square feet;
d. Outparcel 4—45,756.30 square feet;
e. Outparcel 5—39,434.00 square feet; and
f. Parcel B—157,759.00 square feet.
For the purposes of this Declaration`Impervious Materials"mean asphalt, gravel,
concrete, brick, stone, slate or similar material but do not include wood decking or the
water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary provide
driveway crossings.
4. Built-upon area in excess of the permitted amount requires a North Carolina State
stormwater management permit modification prior to construction.
5. All permitted runoff from the Property shall be directed into the permitted
stormwater control system. These connections to the stormwater control system shall be
performed in a manner that maintains the integrity and performance of the system as
permitted.
[SIGNATURE PAGE TO FOLLOW]
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