Loading...
HomeMy WebLinkAboutSW8031115_HISTORICAL FILE_20040826STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS I�HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE aA� Dm YYYYMMDD �0F 1NAr�,40 Michael F Easley, Governor �O G William G Ross, Jr, Secretary t/J North Carolina Department of Environment and Natural Resources O Alan W Klimek, P E Director Division of Water Quality August 26, 2004 Mr E Blanton Hamilton, Jr, Authorized Representative M P Southstar, LLC, Manager 2904 Arendell, LLC c/o Tribek Properties 200 Providence Road Charlotte, NC 28115 Subject: Approved Plan Revision Eckerd's Morehead City, Arendell & 29th Street Stormwater Project No. SW8 031115 Carteret County Dear Mr Hamilton On June 3, 2004, the Wilmington Regional Office received a plan revision for Stormwater Management Permit Number SW8 031115 The revisions include the addition of a right -turn only exit drive, and the relocation of the vegetated filter It has been determined that a formal permit modification is not required for the proposed changes We are forwarding you an approved copy of the revised plans for your files Please replace the old approved plan sheets with the new ones Sheet C 1 revision V, Sheet C 2 revision #5, and Sheet C 4 revision #3 Please be aware that all terms and conditions of the permit issued on May 14, 2004, remain in full force and effect Please also understand that the approval of this revision to the approved plans for the subject State Stormwater Permit is done on a case -by -case basis Any other changes to this project must be approved through this Office prior to construction If you have any questions concerning this matter, please do not hesitate to call me at (910) 395-3900 Sincerely, 1%�lihG� Linda Lewis Environmental Engineer RSSlarl S IWQSISTORMWATIREVISI0N1031115 aug04 cc Michael Newman, P E, PM Engineering Town of Morehead City Building Inspections Linda Lewis Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 3M900 Customer Service 1-877-623-6748 ne j�T� Wilmington Regional office Wilmington, NC 28405 3845 FAX (910) 350 2004 lntemet. h2o enr state nc us prthCarohna An Equal OpportumtylAftirmative Acton Employer- 50% Recycledl10% Post Consumer Paper atura�� y Letter o Now LAA1P GAII/111ZP5 PM ENGINEERING ��t'SO/v Transmittal rzvv/V j AN 0m17 INCORPORATED To Linda Lewis Date 6/2/04 Jo 2002354.70 No NCDENR - Wilmington Project Eckerd - Morehead City, NC 127 Cardinal Drive Extension Stormwater Permit No SW8 031115 Wilmington, NC 28405 910-395-3900 We are sending you These are transirutted ❑ Under separate cover ❑ Via Modem ® For your use ❑ For review and comment ® Attached ❑ Via Courier ® As requested ❑ Approved as submitted ® Via Fed Ex ❑ Hand Delivered ❑ For approval ❑ Approved as noted ❑ Via Mail ❑ via ❑ Return for corrections ❑ Other Copies Date Desen tton 2 Revised Construction Drawing (C 1, C 2 & C 4) 100 � Kemarks Please review for approval the revised construction drawings. The change involves the addition of a right out only driveway off of Arendell St. The vegetative filter and on site drainage system were revised accordingly The filter was move to the west approximately 35 feet. If you have any questions please contact me. Copy FILE If enclosures are not as noted, please notify us at once 4601 Charlotte Park Drive, Suite 160 Charlotte, North Carolina 28217 Signature Michael Newman voice 704 521 9973 fax 704 521 9974 State Stormwater Management Systems Permit No SW8 031115 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO E Blanton Hamilton, Jr, M P Southstar, LLC, and 2904 Arendell, LLC Eckerd's- Morehead City, Arendell & 29th Carteret County FOR THE construction, operation and maintenance of 2 underground infiltration trench systems 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 This permit shall be effective from the date of issuance until May 14, 2014, and shall be subject to the following specified conditions and limitations I. DESIGN STANDARDS 1 This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data 2 This stormwater system has been approved for the management of stormwater runoff as described in Section 16 of this permit The stormwater control has been designed to handle the runoff from 4,792 and 67,082 square feet of impervious area The trenches must be operated with a 50' vegetated filter 3 The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans 4 All parts of the stormwater collection and proposed 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 5 The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system Page 2 of 8 State Stormwater Management Systems Permit No SW8 031115 6 The following design standards must be provided for the underground infiltration trench stormwater treatment systems a Drainage Area, ft2 Trench 1 Trench 2 Onsite 4,792 68,389 Offsite 0 0 b Design Storm, inches 1 5 1 5 c Total Impervious Surfaces, ft2 4,792 67,082 d Trench Dimensions, LxWxH, feet 125x6x2 533x20x2 e TSS removal efficiency 85% 85% (a 50' vegetated filter is required) f Trench Bottom Elevation, FMSL 202 202 g Permitted Storage Volume, ft3 659 8,779 h Bypass Weir Elevation, FMSL 222 222 1 Pipe Diameter/Length 12'1125' 12"1896' j Type of Soil Wando-Urban k Seasonal High Water Table Elev 16 16 1 Expected Infiltration Rate, inlhr 2 8 2 8 m Time to draw down, hours 3 2 32 n Receiving Stream/River Basin Bogue Sound 1 White Oak o Stream Index Number WOK03 20-36-(8 5) p Classification of Water Body "SA" II. SCHEDULE OF COMPLIANCE 1 The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface 2 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 3 If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility 4 The facilities shall be constructed as shown on the approved plans 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 Page 3 of 8 State Stormwater Management Systems Permit No SW8 031115 5 The permittee must maintain compliance with the proposed built -upon area and ensure that the runoff from all the built -upon is directed into the permitted system 6 The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater 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 slopes and the vegetated filter d Immediate repair of eroded areas e Maintenance of all slopes in accordance with approved plans and specifications f Debris removal and unclogging of infiltration media, bypass weir structure, catch basins and piping g Access to the trenches and vegetated filter must be available at all times 7 Records of maintenance activities must be kept and made 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 8 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation Any deviations from the approved plans and specifications must be noted on the Certification A modification may be required for those deviations 9 At least 30 days prior to the sale or lease of any portion of the property, the permittee shall notify DWQ and provide the name, mailing address and phone number of the purchaser or leasee An access/maintenance easement to the stormwater facilities shall be granted in favor of the permittee if access to the stormwater facilities will be restricted by the sale or lease of any portion of the property 10 The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below a Any revision to any item shown on the approved plans, including the stormwater management measures, built -upon area, details, etc b Project name change c Transfer of ownership d Redesign or addition to the approved amount of built -upon area or to the drainage area e Further subdivision, acquisition, or sale of all or part of the pro),ect 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 Pilling was sought f Filling in, altering, or piping of any vegetative conveyance shown on the approved plan Page 4 of 8 IV State Stormwater Management Systems Permit No SW8 031115 11 The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction If the proposed BUA exceeds the amount permitted under this permit, a modification to the permit must be submitted and approved prior to construction 12 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 13 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 14 The permittee must maintain the current permitted drainage area No additional runoff from outside of the permitted drainage area boundary may enter the permitted stormwater facilities without first applying for and receiving a permit modification III. GENERAL. CONDITIONS This permit is not transferable except after notice to and approval by the Director In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, 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 The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request 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, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems 5 The permittee grants DENR Staff permission to enter the property during normal business hours for the pur ose 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 7 Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual Page 5 of 8 rA State Stormwater Management Systems Permit No SW8 031115 8 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit 9 The permittee shall notify the Division any name, ownership or mailing address changes within 30 days Permit issued this the 14th day of May, 2004 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION c_ V-- Alan Klimek, , Direc� � t& � 1-07) Division of Water Quality By Authority of the Environmental Management Commission Page 6 of 8 05;13/2004 �1659� 7045219974 PM ENGINEERING PAGE 01/07 LAN1?f'LANN��S Pal j ENGINEERING INCORPORATED fZW-'�A776W FAX To Job Linda Lewis Date 5/13/04 No 2002354.70 Company NCDENR - Wilmington Fax No 910-350-2004 Ph 910-395-3900 No gcg 7 From Michael Newman (Includes Cover Sheer) RE Eckerd - Morehead City, NC f Signed Drainage easement Message ' Attached is the signed drainage easement you requested This easement is sighed by all parties, the shopping center owner (Morehead Plaza, LLC) and the Eckerd property owner (2904 Arcadell, LLC ) This easement grants 2904 Arendell, LLC the right constrict and maintain the vegetative filter shown on the plans I will forward you the hard copy by for your file Please let me know when the state stormwater permit maybe issued If you have any questions please contact me Thanks If you do not receive all pages of this transmission, or :f any of the pages are not legible, please notify us at once 4601 CHARLOTTE PARK DRIVE, SUITE 160 voice 704 5219973 CHARLOTTE, NC 28217 fax 704 5219974 05113/2004 16 59 7045219974 PM ENGINEERING PAGE 02/07 05-13-' 04 15 36 FROM -TRIM PROFERHES 47043338485 T-794 P02 U-099 =Tm To; Kirkman, Whitford & Brady STATE OF UMTS CAROLDM coOlm of CARTW$T DECLAliATYG4t OF BTOit>4WA' BASEKOT This Declaration of storavater Eas= nt &s made for purposes of reference on the 130' day of My, 2004, by Morehead Plaza, LLC, a Worth Curalum limited lxabxlity company, (herein referred to as "Morehead Plaza"J' and 2904 Arandell LLC a North Carolina limited liability coMany, (herein referred to as "2904111. STA' ENEVT OF $7C9L1mTIOW 2004 is the owner of that property fo=erly known as the Elks Lodge Property and Lot 7 of the George S, Ailga Beira subdivision as shown on that W recorded is Map 9eok 2, Page 12, Carteret County Registry. Morehead Plaza is -the amar at the prapasty located to the want of 2OU's property whieh is known as Xos®hOAd. Plaza Shopping Center. 2904 as a part of the development of its property 3.5 required to design a storwmter managmemill plan and obtain a sta mwater managment permit frees the North Casolina Departwnt of Environment and Natural Resources, DAVIslan of glister Quality (heroin referred to as "Division of Water Quality") . The stosmmater will flow from the 2904 property into a catab V balsa 05/13/2004 16 59 7045219974 PM ENGINEERING PAGE 03/07 05-13-'04 15 36 FROM-TRZBEK PROPMUS-7943338485 T-794 F03 U-099 - 2 located within the right of way of Arendell Street. Iu 4sda9 to access the catch basin the water non" to areas BsOparty oWMA by Morehead Plaza. 2904 has requested a flEteen foot diainago eaaemmt for the installation and maintenance of Subsurface drainage pipes along the norddsarn right of ling of the Atl=tic A East coast Railroad on Morehead Plaza prapezty. also within the eaaement area 2904 Will aced to =L3tra9t a vegetative filter zn order to satisfy the regsirements sot forth in the storm water permit. STATWENT OS C8CLNPA QK For good and valuable oemaideratien, the raeeipt and sufficiency of which is hereby adknowledW, the partfaS hereto agree as follows. 2. DSSCUPT2GM OF I4ROMT AMA. An sweat 15 feet i.n v!Ldth running along the northern right of way line of the Atlantic and East Carolina R"Imcad, in Morehead City, !North Carolina and being more particularly described as follows; Beginning at the point of intersection of the northern right of way lice of the Atlantic and East Carolina Railroad *Ad the western boundary line of Lot No. 3 of the 0eorge S. Riggs Subdivision as shows► in map book 2, Page 12, Carteret Cvanty A"int::y (the western boundary line of the Elks Lodge property) cud conning tbanoo along tbo northern right of Kay of the Railroad w 78 57 07 W 124.5 feet to a point; run thmae 8 11 04 53 M 50.0 feet more or lose to the northern right of crap Ufte of Asend ll Street: ran thence with the narthezu right of way lino of Mendell Btrast 9 79 57 07 W 18.0 05/13/2004 16 59 7045219974 PM ENGINEERING PAGE 04107 05-13-'04 15:96 FROM-TRIBEK F30PFATIES +7043338485 T-794 P14 U-09U ..30 feet to a point; 9%n thence W 21 04 53 E 50.0 mate or loss to the northamn right of Nay line of the Railroad; thence contiauing to can D 11 04 53 b 15 feet to a point; rum thence S 18 57 07 E 139.5 feet to a point in the western boundary line of Lot 3 of the Geosgo S. Riggs p=operty i run thence S 11 04 53 W 15 feet to the point and Place of b"innsnq (hmvin refs=red to as the "Easennt"I. 2. U92 OS BASEban . 2904 will be permitted to install and mazotain subsurface drainage pipes within the laaeeat pursuant to 2904'a storawater nanagmmeot penLit. These pipes will collect and transport stownpim r to a catch basin located in Arandell Street. In addition to drainage pipes, 2904 will be permitted to install and maintain a vegetative filter system within the aase=nt. 3. VZ6ETATM FILTER STOM. As part of the stermwater managemnt plan, 2904 shall have the right to install a vegetative filter as required by the Division of %Tatar Quality ,within the Basement. The i'ilter shall be spproutmatety nine (9) Feat by thirty (30) feet and located in the Moment adjacent to the 2904 western, bomadaxy line. 4. So OBSTMMIONS OR CMWM TO HV8'M. Warnbead Plaza agrees to make no changes or create any obsttvatiow within the vagetative filter without the express written consent of the s Divisson of Water Quality. 5 . RMS WITH TEM LAW. ?his Easemeat shall run with the title of both the Hogshead Plaza property and the 2904. property. IN W17AMBS i1REMP, the parties hereto have executed this xnatrument effective the day and year first above wtittea. 05113/2004 16 59 7045219974 PM ENGINEERING 05-13-'04 15 37 FROM -TRIM PMPERTIES +7043338485 - 4 - ( PLUM W= SQ Bm im mma m PUWA. LLC PAGE 05/07 T-794 P05 U-099 Sys 1p Gpemtora, LLC, mmbwl)knger afte W. , Tor By: M.P. Soothe , Hobe~r%mgm 95/13/2664 16 59 7045219974 05-13-14 15 37 FROM -TRIM PROPERTIE5 PM ENGINEERING +7043339495 PAGE 06/67 T-7134 P®6 u-eyy .-iI;i - 5 - = , a Notary Pisbl Le of tho Cana W and State a esesa , got Uffy that Gage R. masltbura, passes+allg eame bofoze on this day an acknowledged that She is Manager of W apeaators, LLC, a lisuted liability e4Apagyr member/oowr of forehead Plans, AW, a limited liabil&ttyy company and that by authority duly given and am the act of each entity she signed the foregoing iastar%umat in Grantor's name and on its behalf as its act and -dead. 1w q my based and official 2004. My Ceemission Expires STATE of 'WARTS C Mna Co OF mec k I -en bu �.J Rwanda J oh nsR)0 , a Notary Public of the Coanty and state afazusax , c t E. Blanton Hamilton, Jt., persoryall.y name before ma this day and acknowledged drat he is Manager of M.P. Smthstar, LLC, a limited liability any, membez/mwg*ea of Morehead Plax&, LLC, a limited liability company and that by authority duly given and as the act of each entity he signed the foregoing instrument in Mmtoxle nasw and on its behalf as xta act and deed. witness my head and o£f'ioi" stw* or seal, this 3 day of MON 2004. z.- My Commission Trxpires: ca • 5 &ODS 05/13/2004 16 59 7045219974 PM ENGINEERING PAGE 07/07 05-13-14 15 37 FROM-TRIBEK PROPERTIES +7043338495 T-794 M U-099 MEAM aM rN SLUE UM) 2904 A=endr . elatitoa e � STATE OF AORTA CAMLIM& CmmWr or-"CKK nbu rg I, P11' and a Voh silyn . a tvotary Pnblie of the county and Bta o=esur, 00stify that 161mmuntumi Di%�, Mna,ger of 2904 Arendell W 4, a limited Ity ooa y appessmd before me tbis day and acknowledged 'the de efom-t4 cm of the forwaing instsvmsnt. Witness sat hand and official stme or Deal, thin a day of 2004. My Comission Empirae : J a 5 a oos F Eckerd's Subject: Eckerd's From: Linda Lewis <Linda Lewis@ncmail nets Date: Thu, 13 May 2004 08 48 21 -0400 To: Jerome Carter <jcarter@pmcharlotte comma Jerome The authorization you sent me does not name Blanton Hamilton as the manager of 2904 Arendell, LLC It names him as the vice president of Trihek Management, Inc , which in turn is the manager of MP Southstar, LLC The applicant for the Eckerd's pro3ect is 2904 Arendell, LLC The documentation you provided does not even mention 2904 Arendell, LLC anywhere, and it does not give Mr Hamilton signature authority for 2904 Arendell, LLC If this document mentions 2904 Arendell, LLC, somewhere please send in all 36 pages, or provide a copy of the full document for 2904 Arendell, LLC that names it's managers Thanks, Linda 1 of 1 5/13/2004 8 48 AM qk 4,WV i,%WlVl� PM ENGINEERING ewm s INCORPORATED 1ZWS�'OAE'fA7%,W FAX To Job Linda Lewis Date 5/12/04 No 2002354.70 Company N C D E N R- Water Quality Section 127 Cardinal Dr Ext , Wilmington, NC 28405 Fax No (910)350-2004 p$ ef 4 From Jerome E Carter Jr (Includes Cover Sheet) RE Eckerd, Arendell Street, Morehead City, North Carolina Project No SW 8 031115 Message Attached to this fax is a copy of Mr Blanton Hamilton authonzation as a manager for the referenced prof ect We will send you a copy of the easement agreemew for the vegetated filter as soon as we get it If you have any questions please advise Thank you and have a great day if you do not receive all pages of this transtrmsion, or if any of the pages are not legible, please notify us at once 4601 CHARLOrf TE PARK DRIVE, SUITE 160 voice 704 52199713 CHARLOTTE, NC 28217 fax 704 5219974 b0/T9 39dd 9NI833NIEJN3 Wd OL66TZSb6L 8V 01 VOOZ/ZT/56 05-10-'04 15'46 FROM-TRIBEK PROPERTIES +7043338485 T-763 PO4/11 U-013 and the business of the Company. The Members agree that such expenses were incurred on behalf of and for the benefit of the Company, provided that such expenses do riot isulude the costs associated with preparation and negotiation of thus Agreement which costs will be home by each Member ir►dividually, The Company shall reimburse Southstar and Operators for all expenses incurred on behalf of the Company upon presentation of satsfactory documentation of such expenses and the Joint approval of the Managers ARTICLE Vl MANAGEMENT 61 NuiagemmtAndControl Except to the extent otherwise expressly provided m chio Agreement or required by the Act or other applicable law, the mamagement, operation and control of the Company, its business and the Company Assets shall be vested exclusively in the Managers All powers of the Company for which Approval by the Members to the exercise thereof is not expressly required by this Agreement, the Act or other applicable law, shall be exercised by, or under the authority of, and the business and affairs of the Company shall be managed by, or under the direction and control of, the Managers in a mamier consistent with the terms, provisions and conditions of this Agreement and the Act The acts of the Managers in carrying on the bpsnwss and activities of the Company (and the management, operation and control thereofl as authorized herein shall bind the Company Unless authorized to do so by the Managers, no Member acting m such capacity shall have any power or authority to act for, or to assume any obligation or responsibility on behalf of, the Company or any of the Members, or to otherwise bind the Company, or any of its Members, in any way 62 Appoinutmeint, Term, Pegg ation, and Removal of Marnagers. (a) Appointment, Number and Term. The Company shall have two (2) Managers, unless a vacancy is not filled by the Members as provided in Section 6 2(b) below A Manager need not be a Member The Managers shall not be subject to periodic election by the Members A Person servmg as a Manager shall continue to serve as such until such Persoes resignation as a Manager or otherwise in accordance with the terms of this Section 6 2 (b) Appoi=ent and Contmu�ahom One Manager shall be appointed by Operators (the "Operators Manger"), and one Manager shall be appointed by Southetar (the "Southstar Manager") Each of Southstar and Operators may remove its designated Manager at any time and for any reason Should it vacancy occur for any reason with respect to the Southstar Manager, Southstar shall have ten (10) business days in whuch to appoint a replacement Southstar Manager by written notice to the od%er Members specifying the identity of the replacement Southstar Manager and the date that such appointment is effective Likewise, should a vacancy occur with respect to the Operators Manager, Operators shall have ten (10) business days in which to desipate a replacement Operators Manager by wntten notice to the other Members specifying the identity of the replacement Operators Manager and the date that such appointment is effective. Should any such replacement not be designated within ten (10) business days, the remaining Manager may act as sole Manager of the Company until such time as a replacement Manager is appointed in accordance with this Section 6?(b). The initial Operators Manager shall be Four Sisters, and the XMbal Southstar Manager shall be 'kibek The nutial authorized representative of the Operators Manager shall be Gaye W. Mashburn, and m 13 sonessm us CH b0/Z0 3Jtid ONIN33NI9N3 Wd OL66TZSVOL 80 VT b00Z/ZT/50 • 05-10-'04 15.46 FROM-TRIBEK PROPERTIES +7243338485 T-763 P05/11 U-013 the event of the unavailability of Ms Mashburn., Willem E Hicks shall be the alternate authorized representative of Operators The initial authorized representative of the Soathstar MartMr shall be E Blanton Hamilton, Jr and in the event of the unavailability of Mr T aaziW on, Jeffrey D Mad -As slsall be the alternate authorized representative of Southstw Each Manager who is not an mchvidu,al may change its authorized representative or alternate at any bme by written notice to the other Manager. Each authonzed representative of a Manager may delegate some or all of its actions or decisions to other employees of that Manager or its Affiliates, provided that the Manager on whose behalf such delegation is made notes the other Managers of such delegation in writing prior to or contemporaneously with such delegation (c) esi tion of a MamSer At any time, a Manager may resign as a Manager by giving written notice thereof to each of the remaining Managers and the Members Such resignation shall be effective on the date such notice of resignation is delivered to the remaining Managers and the Members or such later date specified therein The resignation of a Mar+ager who is also a Member shall not affect such Person's Interest or rights as a Member 63 Dutzea Lnd QWW&ns of the ana s (a) Necessary gcfaamm The Managers shall take or cause to be taken all actions which may be necessary or appropriate for the conduct of the Companys business in accordance with this Agreement and applicable laws (b) Opera�aaai of Camtyally as a Separater�g Tine Managers shall cause the Company to conduct its business and operations separate from that of any of the Managers, the Members or the Affiliates of any Manager or Member, including (i) segregatng Company assets and not allowing them to be conunutgled with the funds or other assets of a Manager or Member or any AffibAte of a Manager or a Member, (n) mauitwning books and records of the Company separate from those of any Manager or Member and A.fflliate of it Manager or Member, (lit) causing the Company to pay its habilities from the Company's meets, (iv) causing the Company to conductas dealings with third parties in its own name and in all respects hold itself out as a separate and independent legal entity; and (v) engaging is transactions with any Manager or Member or Affiliate of any Manager or Member only on arms -length terms (c) TZM Devoted m L=gagv Business Styuiard of QLe, Wucm Du Each of the Managers, m accordance with this Article Vl, shall conduct the business of the Company m good fsaP and wrath the care that an ordinary prudent person would exercise in a like position, under st iular circumstances, and in the rnanner that they reasonably believe to be in the best interests of the Company. The Managers shall not be required to devote then full time to the busyness of the Company, although the Managers slyall devote such tame to the affairs of the Company as is necessary to manage and supervise: the operations and business of, and otherwise discharge their responsibilities to, the Company The Managers may employ other Persons to operate and manage all or any portion of the Property or to provide any service ielatina to the Company's busmess, subject to the control of such persons by the Managers This Section 6 3(c) is intended to conform with section 57C.3-222 of the Act and shall, be interpreted conststendy therewith, but with the exclusion from its application (and the application of 2=55 07 LIB CH 00/E0 39tid 9NIN33NION3 Wd 0L66ZZGb0L 8b 01 p00Z/ZY/50 135-10-'04 15 47 FROM-TRIBEK PROPERTIES-7043338485 T-763 P08/11 U-013 IN WITNM WHEREOF, the Mm ers have entered into this Operating Agreement, as of the date first above written and hereunto set their hands and seaie SOUTHSTAR, M. P SOUTHSTAR, LLC, a North Carolina lirmted liability company By- TIUBBK MANAGEMENT, INC., a North Carolina corporatim its manager BY Name E. Blanton Hamilton, Jr Title: V4ce president Operators: MP OPERATORS, LLC, a North Carolina L,mited stability company Narns- Gaye W Ma"um Title, Manager lay 6j4-"4 r -Z/ Name, Wdham E Hwka Title, Manager �raa5a ar ua cK 40/ti6 39tid 9NId33NI9N3 Wd OL661ZSVOL 80 VI b69Z/ZZ/58 Eckerd's Subject: Eckerd's From: Linda Lewis <Linda Lewis@ncmail nets Date: Thu, 13 May 2004 11 51 21 -0400 To: Jerome Carter <jcarter@pmcharlotte comma Jerome Unfortunately, Tribek is not providing you with the documentation I need What you've sent me basically says that Operators, LLC and MP Southstar are members of 2904 Arendell, LLC, and that 2904 Arendell, LLC is a "Manager -managed" LLC, but it still does not list either Blanton Hamilton, or Tribek, or Southstar as the named "Manager" of 2904 Arendell, LLC Linda 1 of 1 5/13/2004 11 51 AM =mom NNW PM ENGINEERING E ame -5 INCORPORATED 1FAA6 0krATION FAX To Job Linda Lewis nay 5/13/04 No 2002354.70 corapatiy N C D E N R- Water Quality Section 127 Cardinal Dr Ext , Wilmington, NC 28405 fax No No (910)350-2004 .W Pages s8 From Jerome E Carter Jr (includes Cover Sheet RE Eckerd, Arendell Street, Morehead City, North Carolina Project No SW8 031115 Message Attached to this fax is a complete copy of Mr Blanton Hamilton authorization as a manager for the referenced project We will send you a copy of the easement agreement for the vegetated filter as soon as we let it If you have any questions please advise Thank you and have a great day' If you do not receive all pages of this transmission, or if any of the pages are not legible, please notify us at unce 4601 CHARLO 1'TE PARK DRIVE, SUITE 160 CHARLOTTE, NC 28217 80/T9 39Vd 9NId33NI9N3 Wd voice 704 5219973 fax 704 521 9974 PL66IZSVOL VT 9T V06Z/ET/99 05-10-184 15,46 Ffim-TRIM PEOPERTIES -7043338485 _ T-763 P02/11 U-013 OPERATING AGREEMENT OF 2904 Arendell LLC A NORTH CAROUNA LIMITED LIABILITY COMPANY THE LIMITED LIABILTTY COMPANY UNITS (AND THE ME W3MtSHIP INTERESTS THEY REPRESENT) MUED IN ACCORDANCE WITH AND REPRESENTED BY MIS OPERATING AGREEMENT HAVE NOT BEEN REGISTERED WITH THE SECCR ITIM AND EXCHANGE COMMISSION UNDER THE SECURITIES ACT OF 1933, THE NORTH CAROLINA SECURITIES ACT OR UNDER SIMILAR LAWS OR ACTS OF OTHER STATES IN RELIANCE UPON EXENIFTIONS UNDER THOSE ACTS THME UNITS ARE SUBJECT TO RFSTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS PERMrMD UNDER (A) THIS AGREEMENT AND (B) THE SECURITIES ACT OF 1933 AND APPLICABLE STATE SECURrMS LAWS, PURSUANT TO REGISTRATION OR EX UZnON THEREFROM INVESTORS SHOULD BE AWARE THAT THEY WILL BE REQUIRED TO BEAR THE FINANCIAL RISKS OF THIS INVESTMENT FOR AN INDEFINITE MUOD OF TLME 2nnd5S 07 um CH 80/ZO 30Vd JNI833NION3 Wd VL66TZSVOL VT 6T P99Z/ET/50 05-10-'04 15 46 FROM-TRIZEK PROPERTIES +7243338485 T-763 P23/11 U-013 OPERATING AGREEMENT OF 2904 ARENDELL LLC A NORTH CAROLINA LDAMD LIABILITY COMPANY THIS OPERATING AGREEMENT (the "Agreement") for 2904 Arendell LLC, a North Carolina linnited laabihty company, is entered into, and shall be effective as of September 2nd, 2003, by and among the u nderagned parties and all other Persons who hereafter shall become Managers, Members or Assignees m accordance with the provisions hereof and who are lusted as such on the books and records of the Company, all in accordance with and pursuant to the provisions of the North Carolina Laauted Uabjhty Company Act. The Company was formed as a single -member h=ted liability company on July 2, 2003 by Kenneth M Kirkman. Mr. MrIman has, effective as of the date hereof, assigned aU of his interests m the Company to the Members, as defined herein In consideration of the mutual promises made herein, the parties agree as follows ARTICLE I DEFINITIONS Capitalized words and phrases used in this Agreement shall have the meanings set forth in, this Article I unless defined elsewhere herem: "Act" means the North Carolina Limited Liability Company Act, "Additional Mmkere 4 defined in Sect[on 3 3 "Affik" of a specified person means any other Person who directly or indirectly controls, is controlled by, or is under commmn control with such specified Person, including employees and other agents of such Person. For this purpose, "control" of a Person means possession, directly or indirectly (through one or more mte medumm), of the power to dnect or cause the direction of anariagement and poheles of such Person through ownership of voting securities (or other ownership interests), contract, voting trust or otherwise, "a e�C' means thus Operating Agreement as origmlly executed, including all schedules and exhibits hereto, as the same may be amended, supplemented, modifted or restated from tEme to time. This Agreement shall govern the affairs of the Company and the conduct of its business, and shall be buiding upon all Members "�o " niearis, v+nth respect to a Member or Mwapr (as the case may be), either the written consent of such Person through its duty authorized representative or the affirmative vote of that Person at a meeting through its duly authorized representative, as the case may be, to do that for which the Approval of such Person is given. "Approve" means, with respect to a Member or Manager (as the case may be), giving Approval for any such action To be Approved by, or receive the Approval of, the Members or the Managers requires the requisite level of :approval of the Members or the Managers provided in Article VI or Article VII (as the 20"ISS 01 us 0i SO/E9 39Vd ONI833NI9N3 Wd tiL66ZZ5b0L bi BZ 1709Z/EZ/SO 05-10-'04 15 47 FROM-TAIREK PROPERTIES •7143339485 _ T-763 P07/11 U-013 SCiYEDUI.E Y TO THE OPERATING AGREEMENT OF 29U ARFNDELL LLC A NORTH CAROLINA LIMITED LIABMrry COMPANY September 2, 2003 Member Information Names and Addresses of the Members Ca dal Contnbubon Units Operators, LLC 0 50 PO BOX 1018 Morehead city NC 28557 M P Southstar, LLC 0 s0 c/o Tribek Management, lhe. 200 Providence Road, Suite 106 Chailotte, NC 28207 $0 100 29MBI v US CH 80/b0 39Vd ONI833NIDN3 Wd VL66TZSVOL bi 0Z b00Z/EZ/S0 05-10-'04 15 48 FROM-TRIRW PROPERTIES +7043338485 _ T-763 P08/11 U-013 SCHEDULE 3 TU THE OPERATING AGREEMENT OF 2404 Arendell LLC A NORTH CAROLINA LIWTED L3ABMTY COMPANY Non -Member Mamgr Addresses B. Blanton Hamifton C/o Tribek MaEement, Inc 200 Provide Road, Suite 106 Charlait AN. C. 2810 Gaye K Ni bur P. O Box 1018 Moxehe;Ld QM N. C 29567 20"B s as U6, CH 80/90 39Vd JNI633NION3 Wd OL66TZGVOL VT 0T b00Z/ET/G0 05-10-'04 15'48 FROM-TRD39K PROPERTIES +7043338485 T-763 P09/11 U-013 NORTH CAROLINA Department of The Secretary of State To all whom these presents shall come, Greetings: Y, ELAINE 1F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF ORGANIZATION OF 2904 ARENDELL LLC the ongmal of which was filed in this office on the 2nd day of July, 2003, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, thrs 2nd day of July, 2003 Secretary of State Document Id C20031830014 4 80/90 39Vd 9NIN33NIDN3 Wd OL66TZ5b0L 01 0Z 1?00Z/EZ/90 0 05-10-'84 15,48 FROM-TRiREK FWFERTIE5 f7043338485 T-763 P10111 U-013 Date Flled� 7I31�UO3 2�08 00 pM Elaine F. MAnhAll North Caroline Se.retnry of Ststte C200318300344 STATE OF NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STA LIMITED LIABILITY COMPANY ARTICLES OF ORGANIZATION Pursuant to Section 57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby summit these Articles of Organization for the purpose of formxng a 1 united liability company I. The name of the limited liability company is. 2904 AREIMELL LLC 2. The latest date on which the limited liability company is to dissolve is: NO EXPIRATION DATE 3. The name and address of each organizer executing these Articles of Organization is as follows: Kenneth N. Xirkman, PMA 342, 4915-J Arendell Street, Morehead City, K C. 28557, Carteret County. 4. The street addxeea and county of the znxtial registered office of the limited liability Company is: 3025-1 Bridges Street:, Morehead, N. C. 26557, Carteret County. 5. The mailing address if different from the street address is P O. lsox 2029, Morehead City, N. C. 2e557 6 Zhe name of the initial registered agent ss Gaye W Mashburn. 7. Vieck one of the following: Member - Managed LLC: All of the members by virtue of their status as members shall be managers of this limited liability company. __.X Manager - Managed LLC- Except as provided by North Carolina General Statute SeaCion 57C-3-20(a), the members of this limited liability Company shall not be managers by virtue of their status as members. 801L9 3JHd SNIa33NIJN3 Wd PL661ZSPOL V1 OZ t:00Z/El/se 05-10-'04 15.48 FROM-TRIBEK PROPERTIES +7043338485 T-763 P11/11 U-013 r • -2- 8. These Articles will be effective upon fila.ng This the 300 day of June. 2003. 111,0jil. a- , ORGANIZER 80/80 30Vd ONIN213Ni9N3 Wd OL66TZGVOL VT 0T b00Z/ET/G0 Re Eckerd's Morehead City Subject: Re Eckerd's Morehead City From: Linda Lewis <Linda Lewis@ncmail nets Date: Mon, 10 May 2004 08 15 09 -0400 To: Michael Newman <mnewman@pmcharlotte comma Michael I am unable to issue a conditional permit The required easement is NOT for a sign- it's for the vegetated filter Please make sure the documentation submitted for this easement refers to a vegetated filter If it refers to a sign easement, I cannot accept it Please have Mr Hamilton send me official documentation of his title as manager of the LLC upon receipt of this information, I am prepared to issue the permit Thanks, Linda Michael Newman wrote Linda, I will send you an additional copy of C 2 Also, I spoke with Mr Hamilton and he stated that he was the Manager of the LLC Also we are finalizing the easement agreement with the shopping center Getting the sign easement will not be a problem since the shopping center owners are part of the 2409 Arendell, LLC However in the interest of time can you issue a conditional approval so that construction can beginP Thank you for your help If you have any questions please contact me Thanks, Michael Newman PM Engineering, Inc 4601 Charlotte Park Drive, Suite 160 Charlotte, NC 28217 (704) 521-9973 (ext 501) (704) 521-9974 (fax) mnewman@pmcharlotte com -----Original message----- FromLinda Lewis [mailto Linda Lewis@ncmail net] Sent Friday, May 07, 2004 3 00 PM To Jerome Carter, Mike Newman Sub3ect Eckerd's Morehead City Jerome and Mike I emailed you guys on April 30, 2004, noting four deficiencies with the application I received a single copy of sheet C2 today, but neither of the 2 remaining items were addressed Additionally, I always need _*2 copies*_ of the revised plans I am waiting for the following information 1 Documentation which names Mr Hamilton as the Manager of 2904 Arendell, LLC, or a signed letter of authorization from the Manager allowing Mr Hamilton to sign on behalf of the LLC 1 of 2 5/10/2004 9 49 AM Re Eckerd's Morehead City 2 Easement agreement for use of the shopping center property for the vegetated filter Linda Incoming mail is certified Virus Free Checked by AVG anti -virus system ( http //www grisoft com) Version 6 0 667 / Virus Database 429 - Release Date 4/23/2004 Outgoing mail is certified Virus Free Checked by AVG anti -virus system ( http //www grasoft com) Version 6 0 667 / Virus Database 429 - Release Date 4/23/2004 2 of 2 5/10/2004 9 49 AM PM ENGINEERING INCORPORATED I-AMPPI-I W tv)e5 eNG/A1eeR-5 1;PVW,'jV67k AT/ON Letter of Transmittal To Job Linda Lewis Date 517104 No 2002354.70 NCDENR - Wilmington Project Eckerd 127 Cardinal Drive Extension Morehead City, NC Wilmington, NC 28405 910-395-3900 We are sending you These are transmitted ❑ Under separate cover ❑ Via Modem ® For your use ❑ For review and comment ® Attached ❑ Via Courier ® As requested ❑ Approved as submitted ® Via FedEx ❑ Hand Delivered ❑ For approval ❑ Approved as noted ❑ Via Mail ❑ Via ❑ Return for corrections ❑ Other Copies Date Description 1 Revised Construction Drawing (C 2) RECEIVED MAY 10 2004 DWQ PROJ # 5(/1 fo 3 1/15 Remarks Enclosed is a copy of the revised construction drawings. If you have any questions please contact me. Copy FILE If enclosures are not as noted, please notify us at once Signature Michael Newman 4601 Charlotte Park Drive, Suite 160 voice 704 521 9973 Charlotte, North Carolina 28217 fax 704 521 9974 Eckerd's Morehead City Subject: Eckerd's Morehead City From: Linda Lewis <Linda Lewis@ncmail net> Date: Fri, 07 May 2004 14 59 45 -0400 To: Jerome Carter <jcarter@pmcharlotte com>, Mike Newman <mnewman@pmcharlotte com> Jerome and Mike I emailed you guys on April 30, 2004, noting four deficiencies with the application I received a single copy of sheet C2 today, but neither of the 2 remaining items were addressed Additionally, I always need _*2 copies*_ of the revised plans I am waiting for the following information 1 Documentation which names Mr Hamilton as the Manager of 2904 Arendell, LLC, or a signed letter of authorization from the Manager allowing Mr Hamilton to sign on behalf of the LLC 2 Easement agreement for use of the shopping center property for the vegetated filter Linda 1 of 1 5/7/2004 3 01 PM LMAY u 4 I'll Letter o BY• MAP aAVAI 5 PM ENGINEERING ',Va',V��, Transmittal INCORPORATED rM-5POM9ON To N C D E N R , Water Quality Section Date 5/3/04 No 2002354.70 Linda Lewis Project Eckerd, Morehead City, North Carolina, 031115 127 N Cardinal Drive Wilmington, NC 28405-3845 (910)395-3900 We are sending you These are transmitted ❑ Under separate cover ❑ Via Modem ® For your use ❑ For review and comment ® Attached ❑ Via Couner ❑ As requested ❑ Approved as submitted ❑ Via FedEx ❑ Hand Delivered ® For approval ❑ Approved as noted ❑ Via Mail ❑ via ❑ Return for corrections ❑ Other Copies Date Descn tion 1 -------1 Revised Construction Drawing Sheet C 2 Remarks Copy FILE If enclosures are not as noted, please notify us at once Signature � /"//Jerome E. Carter Jr 4601 Charlotte Park Drive, Suite 160 voice 704 5219973 Charlotte, North Carolina 28217 fax 704 521 9974 Eckerd's Morehead Ctty 031115 Subject: Eckerd's Morehead City 031115 From- Linda Lewis <Linda Lewis@ncmail net> Date: Fn, 30 Apr 2004 16 53 08 -0400 To. Jerome Carter <jcarter@pmcharlotte comma, Mike Newman <mnewman@pmcharlotte comma Jerome and Mike The Division of Water Quality received previously requested information for the stormwater application for the subject project on March S, 2004 The application is stall not complete Please provide the following information to continue the review 1 2904 Arendell, LLC, is a Manager -managed LLC Per you letter, Mr Hamilton is only a member, therefore, he may not sign the application Per my letter of January 29, 2004, only the _*Manager*_ of the LLC can sign the application I can accept Mr Hamilton's signature only if the Manager of the LLC provides a signed letter of authorization 2 Please add the bottom elevation of 20 2 to the revised Trench 2 detail on Sheet C-2 3 The vegetated filter is not shown within the boundary of this property Who owns or controls the property that the vegetated filter is situated on" In order to make sure the filter is not demolished in the future, you will need to provide a copy of your easement agreement with this property owner 4 I am revising page 1 of the trench supplement for Trench #2 to reflect that there as now 896 linear feet of 12" diameter perforated piping, after the revision to add the laterals Please provide this information as soon as possible Have a good weekend' Linda L of 1 4/30/2004 4 59 PM March 4, 2004 NCDENR Attn Linda Lewis Wilmington Regional Office Division of Water Quality 127 North Cardinal Drive Wilmington, North Carolina 28405-3845 R E : Eckerd's Arendell Street and 29th Street Carteret County, Morehead City, North Carolina Project No.: SW8 03115 U3) M i5 Dear Ms /Mrs Lewis PM ENGINEERING INCORPORATED (.AND PLANNERS ENGINEERS TRANSPORTATION LANDSCAPE ARCHITECTS This letter has been written in response to your letter dated January 29, 2004 and we offer the following items � *9 1 Mr Hamilton is a member of 2904 Arendell, LLC 2 There are no wetlands on this site (see Grading Plan note 23) 3 A soils report evaluating the soil mottling has been included in this package 4 The off site built upon area for Trench #2 has been labeled on sheet D 1 The maximum built upon area has been revised from 80% to 95% (see revised calculations) 5 Perforated lateral piping has been added to Trench #2 at an interval of 15' r o c (see Grading Plan) boui OYA e12+ o� �enC4 hOJ pI r-w- c'2 f A UJJ-' Q ` rO 6 A vegetated filter with details has been provided (see grading plan) ---" I- r l 7 The by-pass pipe is a 12" rcp and all details have been revised to show this change (see Grading Plan) 8 All Construction Drawings have been revised to depict 2904 Arendell, LLC as the owner of this project 9 The geographical coordinates of this project are 76°45' 40" Longitude and 34' 45' 44" Latitude The application has been revised to depict this 1 4601 CHARLOTTE PARK DR Su:TE 160 CHARLOTTE NC 28217 VoLCE 704 521 9973 FAx 704 521 9974 4 If you have any questions or would like to discuss these items further, do not hesitate to call Sincerely, F Engineenng P 02-- erome E Carter Jr Project Manager 4 Letter o Gf1NC�/�iWN�,�S PM ENGINEERING �NG�"'��'� Transmittal INCORPORATED rr�5vopr ov To Job N C D E N R, Water Quality Section Date 3/5/04 No 2002354.70 Linda Lewis Project Eckerd, Morehead City, North Carolina 127 N Cardinal Drive Wilmington, NC 28405-3845 We are sending you These are transnutted ❑ Under separate cover ❑ Via Modem ® For your use ❑ For review and comment ® Attached ❑ Via Courier ❑ As requested ❑ Approved as submitted ❑ Via FedEz ❑ hand Delivered ® For approval ❑ Approved as noted ❑ Via Mail ❑ Via ❑ Return for corrections ❑ Other Copies Date Description 2 Revised Construction Drawings 2 Revised Calculations 1 Response Letter 1 NCDENR Disapproval Letter MAR a Z40� Remarks n`��P � C/-► �� Copy FILE 1f enclosures are not as noted, please notify us at once 4601 Charlotte Park Drive, Suite 160 Charlotte, North Carolina 28217 Stgnawre�erome E Carter J voice 704 521 9973 fax 704 521 9974 a Entity Names Page 1 of 1 North Carolina Elaine 1= Marshall E PART E TOE THE Secretary SECRETARY OF STATE Corporations •Corporations Home *Important Notice *Corporate Forms/Fees •Corporations FAQ *Tobacco Manufacturers *Verify Certification •Online Annual Reports Links *Secretary Of State Home *Business License eRegister for E-Procuremen *Dept of Revenue Legislation e1999 Senate Bills e2001 Bill Summaries *Annual Reports 1997 *Corporations 1997 *Other Legislation Search eBy Corporate Name *For New Corporation *By Registered Agent Online Orders •Start An Order •New Payment Procedures P€7 Box 29622 Raleigh, NC 27626-0622 (919)807-2000 Date 4/30/2004 Click here to View Document Filings %Print a pre -populated Annual Report Form I File an Annual Report I Corporation Names !Name Name Type NC 2904 Arendell LLC Legal Limited Liability Company Information SOSID 0681507 Status Current -Active Date Formed 7/2/2003 Citizenship Domestic State of Inc NC Duration Perpetual Registered Agent Agent Name Registered Office Address Registered Mailing Address Principal Office Address Principal Mailing Address Mashburn, Gaye W 3025-1 Bridges Street Morehead NC 28557 P O Box 1018 Morehead City NC 28557 No Address No Address For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Wehmaster For questions or comments concerning the Corporations Division, please send e-mail to Corporations Administrator Click here for help downloading forms http //www secretary state nc us/Corporations/soskb/Corp asp95663556 4/30/2004 SOSID. 681507 Date Filed 7/2/2003 2 08 00 PM Elaine F Marshall North Carolina Secretary of State C200318300144 STATE OF NORTH CAROLINA L DEPARTMENT OF THE SECRETARY OF STATE LIMITED LIABILITY COMPANY ARTICLES OF ORGANIZATION Pursuant to Section 57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a 1LMIted liability company 1 The name of the limited liability company is 2904 ARENDELL LLC 2 The latest date on which the limited liability company is to dissolve is NO EXPIRATION DATE 3 The name and address of each organizer executing these Articles of Organization is as follows: Kenneth M. Kirkman, PMB 342, 4915-J Arendell Street, Morehead City, N C 28557, Carteret County 4 The street address and county of the initial registered office of the limited liability company is 3025-1 Bridges Street, Morehead, N C 28557, Carteret County 5 The mailing address if different from the street address is P 0 Box 1018, Morehead City, N C 28557 6. The name of the initial registered aclent is Gaye W Mashburn, 7 Check one of the following Member - Managed LLC All of the members by virtue of their status as members shall be managers of this limited liability company x Manager - Managed LLC Except as provided by North Carolina General Statute Section 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members 8 These Articles will be effective upon filing This the 30th day of June, 2003 al 1// KE , ORGANIZER l OF W AR Michael F Easley, Governor William G Ross Jr, Secretary North Carolina Department of Environment and Natural Resources j Alan W Klimek, P E ,Director 0 Division of Water Quality Coleen H Sullins, Deputy Director Division of Water Quality January 29, 2004 Mr Blanton Hamilton, Member 2904 Arendell, LLC c/o Tribek Properties 200 Providence Road, Suite 106 Charlotte, NC 28115 Subject: Request for Additional Information Stormwater Project No. SW8 031115 Eckerd's- Morehead City Arendell & 29th Carteret County Dear Mr Hamilton The Wilmington Regional Office received a Stormwater Management Permit Application for Eckerd's-Morehead City Arendell & 29th on November 19, 2003 A preliminary review of that information has determined that the application is not complete The following information is needed to continue the stormwater review 1 Please confirm your status as the president, vice president, or manager of the LLC A person of at least the level of vice-president may sign I can accept your signature if either the LLC is member managed, and each member is a manger, or if you are the designated Manager 2 Please either delineate all wetlands on site, disturbed or undisturbed, or note on the plans that none exist 3 Please have your consultant provide an estimate of the seasonal high water table elevation based on soil mottling As the water level rises, the minerals in the lower soil layers leach into the upper layers and stain them, resulting in mottling The soils report only mentions the current groundwater level 4 Please identify and label the 18,295 ft2 of offsite built -upon area for Trench #2 on the post -construction drainage map (Sheet D 1) Is this the maximum amount of potential built -upon area? If you have no control over what develops on the offsite area, please account for it at 95% built -upon 5 The majority of the perforated piping in Trench #2 is located to one side of the trench, per sheet C 2 Please either relocate the piping to the center of the trench, or add lateral perforated piping at regular intervals (10'-15') to promote infiltration over all of the available trench area If you add the laterals, please revise the detail for Trench #2 and show the laterals on the plans N C Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Wilmington Regional office Wilmington, NC 28405 (910) 350-2004 Fax Customer Service 1 800 623-7748 NCDENR Mr Hamilton January 29, 2004 Stormwater Application No SW8 031115 6 Please provide a vegetated filter detail on sheet C 2 The plans note that a detail is provided, but none of the details on that sheet is labeled as a vegetated filter Additionally, if the "Grass Trapezoidal Channel" detail is supposed to be the filter, you will need to make several changes to comply with the vegetated filter requirements Please see the enclosed detail A vegetated filter is NOT a connecting ditch from the trench system to the existing drainage system 7 Is the bypass pipe 12" or 18" in diameter? The plan detail has the bypass labeled as 12". while the section view shows 18" 8 All of the plans, maps and documentation indicate that Tribek Properties, Inc, is the owner/developer, but the application names 2904 Arendell, LLC Please make the appropriate changes to the submitted plans, maps and documentation to show 2904 Arendell, LLC as the owner/developer to agree with the application 9 You have not circled the appropriate units for the reported infiltration rate on the supplement Based on the calculations, it appears they are inches per hour, so 1 have taken the liberty of circling those units on the supplement 10 Please report the latitude and longitude of the protect in the spaces provided on page 1 of the application (item #7) 11 Page 2 of he application indicates that you are requesting a General Permit This is not correct I have checked the "High Density" blank Please note that this request for additional information is in response to a preliminary review The requested information should be received by this Office prior to February 29, 2004, or the application will be returned as incomplete The return of a project will necessitate resubmittal of all required items, including the application fee If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter The request must indicate the date by which you expect to submit the required information The Division is allowed 90 days from the receipt of a completed application to issue the permit The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215 1 and is subject to enforcement action pursuant to NCGS 143-215 6A Page 2 of 3 Mr Hamilton January 29, 2004 Stormwater Application No SW8 031115 Please reference the State assigned project number on all correspondence Any original documents that need to be revised have been sent to the engineer or agent All original documents must be returned or new originals must be provided Copies are not acceptable If you have any questions concerning this matter please feel free to call me at (910) 395-3900 Sincerely, zo�& A � Linda Lewis Environmental Engineer RSS/arl S1WQSISTORMWATIADDINFO120041031115 jan04 cc Jerome Carter, PM Engineering Linda Lewis Page 3 of 3 Re Eckerd's, Morehead City, NC, Storm water App No Subject: Re Eckerd's, Morehead City, NC, Storm water App No SW8031115 From: Linda Lewis <Linda Lewis@ncmall nett Date: Thu, 05 Feb 2004 12 20 11 -0500 To: Jerome Carter <jcarter@pmcharlotte comma Jerome, The filter must be located solely on the Eckerd's property I have no control over what happens in the right-of-way If, for example, the filter 1s allowed in the ROW and the DOT decides to pipe, the filter will be lost Once the runoff goes through the filter, and reaches the right-of-way, you can provide whatever piping, yard inlets or catch basins that are needed to direct the runoff into the storm system in the right-of-way in a manner acceptable to DOT I must, however, stick to the design concept of the vegetated filter If it cannot be constructed as shown in my detail, you will need to increase the storage volume of the infiltration system to handle a larger design storm There is nothing in the rules to allow the construction of an infiltration system without a vegetated filter We have developed our own criteria for those sites that are unable to provide a proper vegetated filter The minimum design storm is increased by a factor of 2-4, depending on how good the soils are, how deep the water table is, and how far from surface waters the site is located Projects with highly permeable soils, high infiltration rates, deep water table, and located a great distance from surface waters can do 2 times the design storm Projects with marginal soils, shallow water table, and close proximity to surface waters will be required to provide 4 times the minimum design storm For future projects, please take into account the feasibility of a correctly constructed vegetated filter before designing the stormwater system If it can't be done properly, the water quality benefits of a correctly designed and constructed filter will be lost Linda Jerome Carter wrote Hey Linda, thanks for emailing me back I look at that detail that you have sent me and I have two design issues with it The first one is that I cannot fit that type storm drainage structure on this site and even if I could, I do not believe that NCDOT will allow me to do a free storm water discharge into there Right of Way Is there anyway I 1 of 3 2/19/2004 9 00 AM Re Eckerd's, Morehead City, NC, Storm water App No k can use the proposed channel as a filter strip? Want the theory remain the same as filter strip? The only difference is the mode of transfer for the storm water Have a great days Jerome E Carter Jr -----Original Message ----- From: Linda Lewis [mailto:Lmda Lewis@ncmail net] Sent: Wednesday, February 04, 2004 4.44 PM To: Jerome Carter Subject: Re- Eckerd's, Morehead City, NC, Storm water App No SW8031115 Jerome The vegetated filter is supposed to be a flat, gently sloped (5% or less) grassed piece of earth with a flow spreader, situated between the outlet and the receiving stream A trapezoidal channel is a connecting ditch, which promotes channelized flow, and a point source discharge A vegetated filter with a flow spreader promotes thin sheet flow for a diffuse discharge into the receiving stream Please see the detail I sent Linda Jerome Carter wrote Linda Lewis In referenced to your request for additional information letter dated January 29, 2004 for the referenced project I would like to have the following information clarified Item no 6 of your letter stated, Please provide a vegetated filter detail on sheet C 2 The plans note that a detail is provided, but none of the details on that sheet are labeled as a vegetated filter Additionally, if the grass trapezoidal channel detail is supposed to be the filter, you will need to make several changes to comply with the vegetated filter requirements Please see the enclosed detail A vegetated filter is not a connecting ditch from the trench system to the existing drainage system The grass trapezoidal channel is the vegetated filter Engineering Calculations have been provided to you (see Appendix "D" of the storm water drainage calculations) that demonstrate that the proposed channel is hydraulically stable The proposed channel is using a permanent grass lining that has a retardance of "D" at a Q10 2 of 3 2/19/2004 9 00 AM Re Eckerd's, Morehead City, NC, Storm water App No = 1 30 cfs and a velocity of 0 50 fps (the actual velocity is below the state minimum of 2 fps) What 1 need to know is what are the several changes I must make in order to comply with the vegetated filter requirements for this proposed channel/filter strip? Due to site constrictions I am unable to use the detail you sent to me If you have any questions please advise Have a great day' Yours truly, Jerome E Carter Jr , PM Engineering Phone (704)521-9973 3 of 3 2/ 19/2004 9 00 AM P 1 COMMUNICATION RESULT REPORT ( FEB 3 2004 1 1OPM ) TTI NCDENR WIRO FILE— MODE OPTION ADDRESS (GROUP) RESULT _ PAGE --------------------------------------- --- — — 927 MEMORY TX 89197157468 OK P 8/8 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E—S) NO ANSWER E-2) BUSY E-4) NO FACSIMILE CONNECTION State of North Carolina Department of Environment and Natural Resources ` Wilmington Regional pfrice Ni chael F Easley, Govemor William G Ross Jr,, Secretary FAX COVER SHEET Dite: _ 93 No. Of Pages: _ �k Cp: _ ncam. --- CO: FAX#: 9I0-350-2004 I I 117 Cardinal Dnva Extension, Wllmsn&ton, N O 2540WS45 Telephone (910) 395-3900 Fax (910) 35Q.2004 An Equal Oppomumty Afiirma4vo action Employar R I I I s r 9 Letter Of LiWC�f'LAN/V��'S PM ENGINEERING Transmittal INCORPORATED XW-547MA- 170V To N C D E N R , Water Quality Section Date 1219103 Jo 20023 54.70 No Linda Lewis Project Eckerd, Morehead City, North Carolina 127 N Cardinal Drive Wilmington, NC 28405-3845 We are sending you These are transmitted ❑ Under separate cover ❑ Via Modem N For your use ❑ For review and comment 211 1� ® Attached ❑ Via Courier ❑ As requested ❑ Approved as submitted L J ❑ Via FedEx ❑ Hand Delivered ® For approval ❑ Approved as noted ❑ Via Mail ❑ Via ❑ Retum for corrections ❑ Other Copies Date Description 1 1/ Page 2 revised of the SWU-101 Application DEC 1 Wr 92003 Page 4 revised of the SU-101 Application $y Remarks Copy FILE Signature Jerome E Carter Jr. If enclosures are not as noted, please notify us at once 4601 Charlotte Park Drive, Suite 160 voice 704 5219973 Charlotte, North Carolina 28217 fax 704 5219974 P 1 A FILE MODE -------------- 435 MEMORY TX * * * COMMUNICATION RESULT REPORT ( NOV 25 2003 OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) + 9-7045219974 6 41PM ) * * * TTI NCDENR WIRO RESULT PAGE ----- _ - E-3)3)3)3)3) P 0/1 E-2) BUSY E-4) NO FACSIMILE CONNECTION e WArF� Michael F Easley, Governor P William G Ross Jr Secretary v North Carolina Department of Environment and Natural §§sources � Alan W Klimek, P E TDinsctar Colson M �Sull(► o, on peputy Director Diviaiion of 1Netar Quality FAX COVER, SHEET Date: November 25, 2003 To: Jerome Carter, Jr. Company: PM Engineering FAX #: 704-521-9974 DWO Stormwater Project Number: SW8 nla Project Name: Eckerd`s Arendell Street MESSAGE: Dear Mr. Carter: No. of Pages: 1 From: Linda Lewis 40(l Water Quality Section - Stormwater FAX # 910-360-2004 Phone # 910.396-3900 r Please fax me a revised page 2 of the application (Form SWU-101), with the built -upon area columns completed in square feet rather than acres. It is easier for me to calculate and verify square feet It A e, ,f OB '03' 03 (MON) 12 40 ' PM ENGINEERING INCORPORATED LA M2 PI-AIUAher.5 eNGIAleek5 1F,/ W5 I 7OK'TAI70A P 001 FAX To Job Linda Lewis, Wilmington Regional Office Date 213103 No 2002354.70 Company NCDENR — Water Quality Permitting Fax No 910-350-2004 N of 4 Pages From Michael Newman (includes Cover Sheet) i RE Commercial Development in Morehead City @ the intersection of Arendell St (US 70) & 29" St, Message I am in the process of determining the stormwater management requirements for the above referenced protect Please use the attached Vicinity map, USGS map and preliminary site plan to determine if the proposed devclopmcnt drains to Outstanding Resource Waters or is within one-half of and draining to SA waters Please let me know your determination If you have any questions please contact me, Thanks If you do not receive all pages of this transmission, or if any of the pages are not legible, please notify us at once 4601 CHARLOTTE PARK DRIVE, SUITE 160 voice 704 5219973 CHARLOTTE, NC 28217 fax 704 5219974 FEB ' Y 03 NON) 12 41 MapQuest Maps pant I Arendell St At S 29th St Morehead City, NC 28557, US 1_� ,r r 02002 Maoquestcom Inc 02002 GD7 Inc All rights reserved. Use 5pbjsff r Llcense/Copyrlght SEND TO PRINTER I f rA This map Is Informational only No representation is made or warranty given as to Its content User bSSilmeS all nsic or use MlapQu@5t and it, supp►Iur3 essume nu reSponsinnity tar any loss or delay resulting from sucn use Prlvary egllcv 8L LegAl Notices ® 2002 MapQuest corn, Inc All rights reserved P 002 Page 1 of 1 http llwwwmapquest com/maps/pnnt dp?mapdata-5%2b8Zmmn7bJxKLESflOGay65e1TF 10/16/02 FEB =03' 03 010N) 12 41 P 003 Topo7one - The Web's Topographic Map Page 1 of 2 .com Target Is 34.72410N, 76 74346W - BEAUFORT quad LQuad In.001V lj ;tOX7, fo] pt zone CDDD 9 Is a 1* Ipt t, , �, f. - • ` rr - ;s ; A -i (, • • . ':, a:. - . {!. ^"ti rr .c x - - - ' r.+•'7�e.4ysr.�-..�_ U �3J y Y '• � ,� _ r i' i; . . r s�, �. ,�' I-/� •�•-~� �-`J .,•4i1T31 Alt Y� ` ~} r!f' r r , - � �_ �.-.�-�rY �l +�-5� 1 I { • , . •'ly • � .(��' rydlt �J^ ;ti `Lty' ;"� , , 'r'��,.. ��r-rY� �i 1 ,Tj• ( '� r �_�,•r r'1�ir - '' �ram- •/rr.� ��r..-��_.. �-. �.- �='��`�.�_ • _�' +�•• -• •, ^.L �1��` ��{ �~ x�� 2 r"` = `'�);.2s7`.c-r � 4 �..+��j..� :.] J ,A � 1, �+ ra ��•• • �� •''� •f ('urx �,tsi - , r Ji' �N�'ya,�dJ►� .j •, , •• // y_ �J"�` �,L �.��•- r .V i_:--• I. "*`y _;'=' i` - • • ,L " a 1 I -'"y�r� , I � g • � - - � '•� � � mot= � . . �irii't'Ss.l ���_ �, 'i. ��• ��_ • `_�•- -I � .I ,Li,� J tom/\, i , r '.,' :. ��� f�� - � •I` -tip 1� �iJ%� �� )'T .- • w�^„ �� � •��`!• 2 • l I`_ •_•~ Ir r•~ •�v.. �="'I yifr-Ci9l��r. ''.°vti,�'`'', : �: � . • ''�''��1-y.r� � f -`�I r L? s .o.�d- ,- � „ + ��, •'/ ` �" ry �J�{1 �r r.l r�i .rr � , h til r ' � , � r � ' - • r r r �- ,w ' - S oh%i r ,..- - ' ,A VT. • r`,' •y,+ J�, ++ , 'i Y ' ` r ,. 5 �' .1 , 'l ` ''J i �'r �1 •• . - � !' � , r' , / � +., 5 ' � d t �`� , 1 �Vt, it '- W ice. ..',Y .. "` _`�,' r - ^4tr tr .•w. L L . _ 'r Y_ ^�!.�4,y� ''' /` i r<}f � U•.w-' ..r _, y1A - " _„ ' �y4 i ` Y �fer1 J' r L e. ''rr ', - �`.ilk meters0t Boo I= Ism 21M miles o o o /7)/)12 .¢6D Gr rY http //www,topozone com/prmt asp`'x=18&'n=3843630&e=340369&s=25&u--1 1/22/03 P 1 r� COMMUNICATION RESULT REPORT ( FEB 4 2003 11.36AM ) * * * TTI NCDENR WIRO FILE MODE OPTION ADDRESS (GROUP) ----------------------- ------------------------------------------------------ RESULT PAGE 360 MEMORY TX 8-7045219974 OK P 1�1 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER E--2) BUSY E-4) NO FACSIMILE CONNECTION Michael F. Easley, Governor William G Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources FAX COVER SHEET Date: February 4, 2p03 To: Michael News man Company: PM Em gineering, Inc, FAX #: 704-52 ,9974 DWQ Stormwater Project Number: SW8 -- Project Name: JEckerds Morehead City MESSAGE: Dear Michael Alap W I-Qimek, P E , Director Division of Water Quality Wilmington Regional Office No. of Pages: 1 From: Linda -Ls Water Quality Section - Stormwater FAX #;I 910-350-2004 Phone # 910-395-3900 You didn't m`Ncate on your fax which direction the project will be draining I am unable to provide you with that information, therefore, Pll have to give you both possible scenarios. The projeot is within 1/2 t le of SA waters (Rogue Sound), however, depending on the direction of the ultimate drainageutlet, different arlteria may apply 1 r1«n:aynL ,r, nn,�fil� tm�raTii AAf571P 4Z—Infl . the nrnlert tunulri he limited to use of ./ C D Michael F Easley, Governor William G Ross, Jr, Secretary North Carolina Department of Environment and Natural Resources FAX COVER SHEET Date: February 4, 2003 To: Michael Newman Company: PM Engineering, Inc. FAX #: 704-521-9974 DWQ Stormwater Project Number: SW$ -- Project Name: Eckerds Morehead City MESSAGE: Dear Michael Alan W Klimek, P E , Director Division of Water Quality Wilmington Regional Office No. of Pages: 1 From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 You didn't indicate on your fax which direction the project will be draining I am unable to provide you with that information, therefore, I'll have to give you both possible scenarios The project is within 1/2 mile of SA waters (Bogue Sound), however, depending on the direction of the ultimate drainage outlet, different criteria may apply Drainage is south toward Bogue Sound - the project would be limited to use of infiltration only, and a 1 5" design storm 2 Drainage is north, toward Calico Creek - the project may use a wet detention pond and a 1" design storm This is all assuming of course, that 1 acre or more is disturbed and the project is required to obtain SEC plan approval ASPA �V DE- N C Division of Water Quality 127 Cardinal Drive Extension Wilmington, N C 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 ' OF W ArfiR Michael F Easley, Governor Q William G Ross Jr, Secretary North Carolina Department of Environment and Natural Resources >�—.� Alan W Klimek, P E ,Director p Division of Water Quality Coleen H Sullins, Deputy Director Division of Water Quality FAX COVER SHEET Date. December 2, 2003 To- Jerome Carter Company: PM Engineering FAX #: 704-521-9974 No. of Pages 3 From. Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 031115 Project Name Eckerd's Morehead City-Arendell Street & 29th Street MESSAGE: Jerome At your request, I am faxing you page 2 of the application to be revised to square feet Please make sure the page is legible before you return it I would prefer a clean copy rather than a fax Additionally, you,must complete Section VII (Agent Authorization) on page 4 However, since I cannot accept a faxed or photo -copied signature, I will return the original page 4 via the USPS Please fill it in and send it back RSSlarl S 1WQSISTORMWA RADDINF0120031031115 dec03 N C Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 404 Ntbr% P 1 FILE MODE - 540 MEMORYTX * * * COMMUNICATION RESULT REPORT ( DEC 2 2003 OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) --- B-7e45219974 5 59PM ) * TTI RESULT -----------OK - * * NCDENR WIRO PAGE --------P--- P.2/2 E-2) BUSY E-4) NO FACSIMILE CONNECTION WAT Michael F Easley, Governor W Imam G Ross Jr, Secretary North Carolina Department of Envlronmant and Natural hesourc es > AW W. Klimek F E ,Director o -c Division o##water Quality Coleen H 5ul4ns, Re'j7uty Director Division of YYBter Quallty I !FAX COVER SHEET Date: December 2, 2003 No. of Pages: 3 To: Jerome Carter From: Linda Lewis Company: PM Engineering° Water Quality Section - Stormwater FAX 4: 704-521.9974 FAX 0 910.350 2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 031115 Project Name: Eckerd's Morehead City-Arendell Street & 20h Street MESSAGE: I Jerome At your request, I am faxing yoc page 2 of the application to be revised to square feet. Please make sure the page Is legible before you return ft. I would prefer a clean copy rather than a fax. Additionally, you must complete Section VII (Agent Authorization) on page 4. However, 1 Letter Of GANppGANN��' PM ENGINEERING Transmittal Ti�'�IIV'G1'c'>r�iTlDill INCORPORATED To N C D E N R Water Quality Section Date 11/18/03 Job 20023 54.70 , No Linda Lewis Project Eckerd, Morehead City, North Carolina 127 N Cardinal Drive Wilmington, NC 28405-3845 We are sending you These are transmitted ❑ Under separate cover ❑ Via Modem ® For your use ❑ For review and comment ® Attached ❑ Via Courier ❑ As requested ❑ Approved as subttutted ❑ Via FedEx ❑ Hand Delivered ® For approval ❑ Approved as noted ❑ Via Marl ❑ Via ❑ Retum for corrections ❑ Other Copies Date Descrt tion 1 SWU-101 Application 1 Infiltration Trench Supplement page 2 for both trenches 1 Soils Report RECEIVED NOV 19 2003 DwQ ..._ _ PROJ # Remarks Copy FILE If enclosures are not as noted, please notify us at once 4601 Charlotte Park Drive, Suite 160 Charlotte, North Carolina 28217 signature Jerome E. Carter Jr. voice 704 5219973 fax 704 5219974 .J November 18, 2003 NCDENR Attn Linda Lewis Wilmington Regional Office Division of Water Quality 127 North Cardinal Drive Wilmington, North Carolina 28405-3845 R.E.: Eckerd's Arendell Street and 291h Street Carteret County, Morehead City, North Carolina Project No.: SW8 Dear Ms /Mrs Lewis PM ENGINEERING INCORPORATED LAND PLANNERS ENGINEERS TRANSPORTATION LANDSCAPE ARCHITECTS This letter has been written in response to your letter dated November 14, 2003 and we offer the following items 1 A completed and signed Form SWU-101, the application form has been included with this package 2 A revised and initial page 2 for the infiltration trench supplement forms has been included with this package 3 See page 9 of the Engineering Report Section Miscellaneous Trench Design Information for an explanation of the proposed trench design theory See Appendix "C" for actual calculations 4 A copy of the soils report has been included with this package If you have any questions or would like to discuss these items further, do not hesitate to call Sincerely, 7erome Engineering e� E Carter Jr Project Manager 4601 CHARLOTTE DARK DR SLIITf 160 CHARLOTTE NC 28217 VOICE 704 521 9973 FAx 7041521 9974 W Letter Of LiWl�f'LANN��S PM ENGINEERING Transmittal INCORPORATED To N C D E N R Water Quality Section Date 10/24/03 Job 20023 54.70 , No Linda Lewis Project Eckerd, Morehead City, North Carolina 127 N Cardinal Drive Wilmington, NC 28405-3845 We are sending you These are transmitted ❑ Under separate cover ❑ Via Modem ® For your use ❑ For review and comment ® Attached ❑ Via Couner ❑ As requested ❑ Approved as submitted ❑ Via Fed Ex ❑ Hand Delivered ® For approval ❑ Approved as noted ❑ Via Mail ❑ Via ❑ Retum for corrections ❑ Other Copies Date Descn tton 2 Site Construction Drawings �D 2 Infiltration Trench Supplement N 1 $420 Check for Permitting Fees $ z00 Y 2 Engineering Report Remarks Copy FILE Signature If enclosures are not as noted, please notify us at once 2 4 Pam.. P 4601 Charlotte Park Drive, Suite 160 voice 704 5219973 Charlotte, North Carolina 28217 fax 704 5219974 OF WA1-4 9 Michael F Easley, Governor a Q William G Ross Jr Secretary oNorth Carolina Department of Environment and Natural Oesources > Alan W Klimek P E ,Director p Y Division of�/Water Quality Coleen H Sullins, Deputy Director Division of Water Quality FAX COVER SHEET Date: November 25, 2003 To, Jerome Carter, Jr. Company: PM Engineering FAX #: 704-521-9974 DWQ Stormwater Project Number: SW8 nla Project Name: Eckerd's Arendell Street MESSAGE: Dear Mr Carter No of Pages- 1 From- Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 [ i r Please fax me a revised page 2 of the application (Form SWU-101), with the built -upon area columns completed In square feet rather than acres It Is easier for me to calculate and verify square feet f Thanks RSSlarl S1WQSISTORMWATIADDINF0120031eckerdsarendell nov03 < 'rf q ANA N C Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer ServiceWilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 P 1 FILE MODE — r 435MEMORY TX * * * COMMUNICATION RESULT REPORT ( NOV 25 2003 OPTION ---------------------------------------- REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) --------------- 9-7045219974 5'19PM ) TTI RESULT ----------OK — NCDENR WIRO PAGE ---------P — -- 1/1 E-2) BUSY E-4) NO FACSIMILE CONNECTION Olt WAT,$ ¢ Michael F Easley, Governor William G Ross Jr Secretary �4 North Carolina Department of Environment and Natural lGouroes Alan W K11mek� F',,Director .� Division of Water Quality Colleen H, Sullins, De uty Director Division of Water Quality FAX COVER SHEET Date: November 26, 2003 To: Jerome Carter, Jr. Comipany: PM Engineering FAX #: 704-621-9974 DWQ Stormwater Project Number: SW8 nla Project Name: Eckerd's Arendell Street MESSAGE: Dear Mr Carter No, of Pages: 1 From: Linda Lewis Al Water Quality Section - Stormwater FAX # 910-350-2004 Phone # M-395-3900 Please fax me a revised page 2 of the application (Form SWU-101), with the built -upon area columns completed in square feet rather than acres It is easier for me to calculate and verify square feet, Joe PL OF W A r R Michael F Easley, Governor Q William G Ross Jr, Secretary 4 North Carolina Department of Environment and Natural Resources > Alan W Klimek, P E ,Director p Division of Water Quality Coleen H Sullins, Deputy Director Division of Water Quality FAX COVER SHEET Date: November 14, 2003 No of Pages. 1 AOJ To- Michael Newman, P.E. From- Linda Lewis Company* P.M. Engineering Water Quality Section - Stormwater FAX #. 704-521-9974 FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 nla Project Name: Eckerd's Morehead City MESSAGE: Dear Mr Newman am unable to accept your recent stormwater application for processing Please submit the following items by close of business on Wednesday, November 19, 2003, to continue processing the application 1 Completed and signed Form SW U-101, the application form You have submitted only the infiltration trench supplement forms 2 Please initial the blanks on page 2 of the supplements to indicate that those items have been provided in the application 3 The calculations do not specifically address the required minimum storage volume, the draw down time, or the available storage volume The calculations must support for the numbers reported on the supplement Please show how these numbers were calculated 4 Please provide a copy of the soils report generated by an actual field investigation which includes boring logs, boring locations, and conclusions as to the elevation of the Seasonal High Water Table and the expected infiltration rate After this report is submitted, please make arrangements to have our Soils Scientist verify the findings Thanks, Linda RSSlarl SIWQSISTORMWATIRETURN120031eckerdsmc nov03 N C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 2B405 (910) 350-2004 Fax 1 800 623-7748 MrNR-W FILE MODE ---------------- 133 MEMORY TX * * * COMMUNICATION RESULT REPORT ( NOV 14 2003 OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) ------------ 87045219974 P 1 5 39PM ) TTI NCDENR WIRO RESULT PAGE -------------------------- OK P 1/1 E-2) BUSY E-4) NO FACSIMILE CONNECTION WA pF� Michael F. Easley, Governor William G, Ross Jr, Secretary 9 North Carolina Department of Environment and Natural Wt sources yAlan W Klimek P R,,Derector Division of Water Quality Coleen H Sullins, Deputy Director Division of Water Quality FAX COVER SHEET Date: November 14, 2003 To, + Michael Newman, P.E. Company: P.M. Engineering FAX #: 704-521.9974 D1MQ Stormwater Project Number: SW8 nla Project Name: Eckerd's Morehead City MESSAGE: Dear Mr Newman: No. of Pages: 7 AOJ From: Unda Lewis Water Quality Section - Stormwater FAX # 910-3504004 Phone # 910-395-3900 I am, unable to accept your recent stormwater application for processing. Please submit the following Items by close of business on Wednesday, November 19. 2003, to continue processing the application. 1. Completed and signed Form SWU-101, the application form. You have submitted