SW8110206_HISTORICAL FILE_20210901

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO
SW8 11020�
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
® HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
202%o°1oI
YYYYMMDD

Burd, Tina J
From
Burd, Tina 1
Sent
Wednesday August25 2021 242 PM
To
ncky@blackstire corn Chris Russell
Subject
SW8 110206 - Black s Tire Shallotte
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Renewal Application and $505 00 fee for the subject project on August 16, 2021 The project has
been assigned to Ashley Smith and you will be notified if additional information is needed
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext
Wilmington, NC 28405
i
i mad con ,spondence to and from this address is subject to the
Noi'h Carolina Public Records Law and may be disclosed to third parties
Website httJLIZAeq_ncgov/about/divisions/energy mineral -land resources/stormwater
Based on the current guidance to minimize the spread of COVID-iq, the Department of Environmental Quality has adustcd
operations to prottct the health and safety of the staff and public Many employees are working remotely or are on staggeri.d
shifts I o actommodare this( staffing ch inges, all DFQoffict locations are limiting public a cess to appointments onlv PI( is(
heck is ith the appropiiate staff before % isinng our offices, as we may be able to handle vour requests by phone or email Wt
appreuate vour patience as we continue to serve the public during this challenging Lime

Non -Transfer Application Completeness Review Checklist - Short Version /
Project Name �I(r, �cti \ \`1Q_ — s\Q\\A e_ Date Delivered to WIRO /G�
Project County/Location BIMS Received/Accepted Date E pC
Permit Action New Not located in the ETJ of the following deligated and
functioning programs
BIMS Acknowledged Date' p,9,51 GZ(
New Permit k'
NHC Carolina Beach / Kure Beach / Wilmington / Wrightsville Beach
Bruns Leland / Navassa Oak Island
Cart Emerald Isle Onsl Jacksonville
Pend Surf
Major Mod /Minor Mod enewal
Permit Type . / LD / LD Overall / HD &LD Combo
General Permit / Offsite / Exempt
Development Type Commercial / Residential / Other
Existing Permitk 1 100 O
Expnation Date a
F-1Offsite to SW8
F-1Is Lot ID ed in Master Permit?
Subdivided? Subdivision or Single Lot
Rule(s) 1:12017 Coastal M2008 Coastal M1995 Coastal
Phase 11 E]Unwersal EJ1988 Coastal
Permittee Type & Documents Needed
Property Owner(s)
Deed I UPurchase Aemt
?Not Subdivided Deed
ISubdwision Common Area Deed
ark
TPape
Application
ee
j505 (within 6mo) Check#(s)
Supplement' (1 new form or for older forms
FJO&M'
Soils Report (Infil or PP)
Calculations (signed/sealed)
Deed Restrictions if subdivided
Project Narrative
F__JUSGS Map(oronf,10) Subject to SA?
Plans(2 Sets)
FJPE Certification
Electronic Copies
Easements Recorded (2017 Rules)
5 d A.-�
Q ty� 1:1No Fee
I original per SCM)
Y / N Subject to ORW? Y / N
NOTES
'Enter BIMS Acknowledged Date on this Sheet
2For New Projects -Enter New Permit # on Supplements & Deed Restiction Templates
31f w/in 6 months and they are requesting a mod STOP Needs a renewal first
EMAILED ENGINEER DATE
REVIEWER NAME
Comments
= Developer
=Viable?
Minutes
ov P,
Va - 4- 4-
G WQ\\\Reference Library\Procedures\Checklists\Completeness Review Checklist 2020 0131

Black's Tire Service, Inc
30 Bitmore Rd
P O Box 919
Whrtevdle, NC 28472
8-10-21
To NC DEQ
Christine Hall
From Blacks Tire Service Inc
George Benton
Re Stormwater Permit #SW8 110206
T 910-642-4123
F 910-642-5362
www blackstire com
Please see attached documents for renewal of Stormwater Permit # SW8 110206 I apologize
for the late filing Let me know if there are any additional questions
Best regards
Lk--�
George Benton
Controller
910-642-2157 ext279
george benton@blackstire com
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AUG 16 2021 ;f
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Case No I1-037ZBA
Board of Adjustment
Town of Shallotte
(IN THE MAT FER OF AN APPLICATION BY
BLACK'S TIRE SERVICE FOR A BUFFER MODIFICATION)
FINDINGS OF FACT, CONCLUSIONS OF LAW,
AND ORDER GRANTING A BUFFER MODIFICATION
On December 15 2011, the Board of Adjustment for the Town of Shallotte held a
hearing in the Council Chambers of the Shallotte Town Hall, Shallotte North Carolina to
consider Planning & Zoning case number I 1-037 ZBA, submitted by Ricky James Benton to the
Town on October 20 2011 Pursuant to the application, the applicant requests a modification to
the property boundary buffer required by the Town of Shallotte Unified Development Ordinance
(hereinafter UDO ) Section 17-4(B) for the automobile service station expansion project
located at 2650 Ocean Highway West (Brunswick County tax parcels 1820007101 &
1820007102) The applicant is president of Black s Tire Service Inc which operates the
automobile service station on the site and owner of B&N Shallotte Property, LLC the property
owner
Mark Fnnk manager of Black s Tire Service Inc is a duly authorized agent for the
applicant and appeared at the hearing and testified on behalf of the applicant Others who
appeared and testified include Allen Serkm Planning Director and Zoning Administrator for the
Town of Shallotte and Bill Worley, owner of Bill Worley & Sons General Contractors and
general contractor for the Black s Tire Service project
The applicant s lots comprise approximately 1 69 acres are shown in plat book 38, page
98 and plat book 32 page 146 in the Brunswick County Registry The applicant s lots are located
within the Town s municipal limns and are zoned Highway Business (HB) a zoning
Llassificauon which allows a wide variety of commercial uses The applicant s lots are also
situated primarily on an elevation grade of approximately four (4) to six (6) feet higher than the
lowest grade of adjacent properties All adjacent properties are located outside of the municipal
limits but within the Town s extraterritorial planning jurisdiction (ETJ) and are zoned Business
(B 2) which also permits a wide variety of primarily commercial uses Adjacent properties
contain primarily single-family residences, with the exception of one commercial establishment
UDO Section 17 14(A) requires a project boundary buffer be provided where a non residential pie
use is developed adjacent to a residential use or zoning district In order to satisfy this
requirement the application for a conditional use permit to expand the existing Black s Tire �t
Service business approved by the Shallotte Board of Aldermen on February 1, 2011 included sit Aug` fx
and landscdping plans which proposed project boundary buffer alternative 3 a fifteen (15) foot e ZQ?y
buffer containing a wall along with two (2) canopy trees and nine (9) shrubs per fifty (50) linear Y
feet \\\
Applicant requests that the Board consider his application pursuant to Section 17 16 of
the UDO ( Modification of Buffer Requirements') and seeks a modification to the requirement
of Section 17 4(6) that a fifteen (15) foot wide project boundary buffer contain a wall or berm as
it applies to the property he owns at 2650 Ocean Highway West More specifically the applicant
seeks approval of a landscaping plan showing proposed vegetation in the buffer in lieu of a wall
or berm required by Section 17-4(B)
Page I

.3 ON
P
IIII IIIIIIIIII III IIIIIIII III III IIIIIIr W Id�ULWenm2ensf
In making the findings of fact and reaching the conclusions of law below, the board has
considered, in addition to the evidence and arguments offered at the hearing, the following
documents, exhibits, and reports
(a) The conditional use permit and accompanying site development plans approved
by the Shallotte Board of Aldermen on February 1, 2011 and recorded in the Brunswick County
Registry at deed book 3142, pages 309-313 (Exhibit 1),
(b) The application submitted on October 20, 2011 to the Town Planning Department
(Exhibit 2),
(c) The proposed landscape plan submitted November 15, 2011 (Exhibit 3),
(d) Photographs of the existing site conditions, including the buffer area (Exhibit 4)
(e) Article 17 Part It of The Town of Shallotte Unified Development Ordinance as it
existed on December 31 2010 (Exhibit 5) and October 20, 2011 (Exhibit 6),
(f) Statement from Ricky Benton authorizing Mark Fnnk to act as agent on behalf of
Black s Tire Service many and all matters, dated December 20, 2010 (Exhibit 7),
(g) The storiwater plan, including post -development topography, dated March 18,
2011 (Exhibit 8),
(h) Written and signed statement from neighbor Wilfred Williamson in favor of
landscaping in lieu of a wall (Exhibit 9), and
(i) Written and signed statement from neighbors Catherine Clemmons and Ray Lyles
in favor of landscaping in lieu of a wall dated December 16, 2011 [submitted after the hearing
and subsequently entered into the record as Exhibit 101
and thereby finds the following facts
FINDINGS OF FACT
I On March 6, 2007, parcel I (tax parcel 1820007101) was annexed into the Town
of Shallotte by Ordinance 07-12 and zoned Highway Business (HB)
2 The Town of Shallotte Board of Aldermen issued a conditional use permit for
Black's Tire Service to operate an automobile service station on Parcel I on December 12, 2006
3 Mark Fnnk of Black s Tire Service, Inc submitted a site & landscaping plan
application to the Town of Shallotte Planning Department on December 30, 2010 for
construction of a 4,331 square foot (SF) addition to the existing 5,662 SF automobile service
station located on parcels I & 2 Automobile service stations are permitted by conditional use
permit in the HB zoning district, and the application for site & landscaping plan approval was
processed as a conditional use permit application
4 On February 1, 2011 parcel 2 (tax parcel 1820007102) was annexed into the
Town of Shallotte by Ordinance 11-02 and zoned HB
5 The Town of Shallotte Board of Aldermen issued a conditional use permit
amendment for Black s Tire Service to expand the existing automobile service station pursuant
to the approved site development plans on February 1, 2011 The site development plans
included a fifteen (15) foot project boundary buffer with a wall along the portion of the property
boundary where adjacent parcels contain a single-family residence
6 The applicant became sole owner of the subject properties on June 20 2011 by a
deed recorded in the Brunswick County Registry at book 3169, page 1169-I 171
7 On June 22, 201 l Town of Shallotte Planning Director Allen Serkm determined
that all conditions by imposed by the conditional use permit issued February 1, 2011 had been
satisfied and authorized issuance of a Certificate of Zoning Compliance
Page 2

eru lck County NC Register of Dude Page 3 of 1 PROP
8 A Certificate of Zoning Compliance (permit #Z-1 1-00124) was issued by Debra
White of the Town of Shallotte on June 22, 2011
9 Mark Fnnk, on behalf of property owner Ricky lames Benton, submitted an
application to the Town of Shallotte on October 20, 2011 for modification of the required project
boundary buffer to substitute additional landscaping for the required wall
10 The Town of Shallotte Technical Review Committee (TRC) reviewed the
proposed landscape plan and concluded that the proposed landscaping would provide a
satisfactory buffer between the subject property and adjacent residences
Based upon the foregoing findings of fact, the Shallotte Board of Adjustment adopts the
following conclusions of law
CONCLUSIONS OF LAW
I In order to be granted a buffer modification, Section 17-16 of the Town of
Shallotte UDO requires that the property owner demonstrate that the specified buffer is not
needed for the protection of surrounding residential areas because of intervening streets,
roadways, drainage ways, or other factors such as natural growth of sufficient height and density
to serve the same purpose as the required screening buffer
2 The elevation of the subject property is significantly higher than that of the
adjacent residences in the vicinity of the required buffer In reaching this conclusion, the Board
further concludes that
a The photographs of the embankment in the vicinity of the required buffer
show a significant elevation change between the subject property and the adjacent residential
properties
b The contour Imes displayed on the applicant's stormwater plan dated
March 3 2011 also show a significant elevation change in the vicinity of the required buffer
3 It is the Board's conclusion that the difference in elevation identified above in
item 2 is a significant and relevant factor in determining the adequate protection of surrounding
residential areas pursuant to Section 17-16 of the UDO In making this conclusion, the Board
further concludes that
a Placement of a six (6) foot wall at the bottom of the embankment in the
required buffer would provide minimal buffering to adjacent residences
b Placement of a six (6) foot wall at the top of the embankment in the
required buffer would create an excessively tall wall and would be detrimental to the adjacent
residences
4 It is the Board's conclusion that the specified buffer, specifically the wall within
the buffer, is not needed for the protection of surrounding residences hi reaching this
conclusion, the Board further concludes that
a Based written testimony presented at the hearing, Wilfred Williamson, the
owner of the adjacent residence at 2622 Ocean Highway West, prefers a landscaped buffer to a
buffer with a wall
b The proposed landscaping plan provides adequate buffering of adjacent
residential areas based on the number, species, and size of the proposed plantings
THEREFORE, on the basis of the foregoing, IT IS ORDERED that the application for a buffer
modification be GRANTED, subject to the following CONDITIONS AND MODIFICATIONS
TO THE APPLICATION
I The applicant shall provide a signed statement from Catherine Clemmons owner of the
adjacent residence at 2656 Ocean Highway West, that she is in favor of additional landscaping in
lieu of a wall in the required project boundary buffer adjacent to her property
Page 3

IIIII IIIIIIIIII1111111111IIIIIIIIIIII R11?�110r 43 W2
Brunsurok County NC Re9astar of Deeh papa 4 of 4
2 The applicant shall develop their property only in accordance with plans revised and
approved pursuant to this permit
3 Prior to the issuance of the certificate of occupancy for the site, the proposed buffer shall
be installed according to generally accepted landscaping practices and shall be certified as such
after inspection by the landscaping expert on the Town of Shallotte Technical Review
Committee or some other qualified landscaping professional
ORDERED this 15th day of December, 2011
Attest to
BY
Debra White
Secretary
BOARD OF ADJUSTMENT OF THE
TOWN OF SHALLOTTE
0arsontharn, IV
Chairman
Page 4

0 BUSINESS CORPORATION ANNUAL REPORT
10 2UV
NAME OF BUSINESS CORPORATION Black's Tire Service, Inc.
SECRETARY OF STATE ID NUMBER 0192622
REPORT FOR THE FISCAL YEAR END 12/31 /2020
SECTION A REGISTERED AGENT'S INFORMATION
1 NAME OF REGISTERED AGENT Benton, Ricky J
2 SIGNATURE OF THE NEW REGISTERED AGENT
STATE OF FORMATION NC
Filed Annual Report
2/8/2021 10 45
Q Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3 REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4 REGISTERED AGENT OFFICE MAILING ADDRESS
30 Bitmore Road
30 Bitmore Road
Whiteville, NC 28472-4928 Columbus County Whiteville, NC 28472-4928
SECTION B PRINCIPAL OFFICE INFORMATION
1 DESCRIPTION OF NATURE OF BUSINESS Wholesale/Retail
2 PRINCIPAL OFFICE PHONE NUMBER [phone] 3 PRINCIPAL OFFICE EMAIL Privacy Redaction
4 PRINCIPAL OFFICE STREET ADDRESS
30 Bitmore Road
Whiteville, NC 28472-4928
5 PRINCIPAL OFFICE MAILING ADDRESS
Po Box 919
Whiteville, INC 28472-0919
6 Select one of the following If applicable (Optional see Instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C OFFICERS (Enter additional officers in Section E )
NAME Christopher Ryan Benton NAME Dianne B Benton
TITLE Vice President TITLE Secretary
ADDRESS
30 Bitmore Road
Whiteville, NC 28472
ADDRESS
• t.. •',
NAME Jeremy C Benton
TITLE Vice President
ADDRESS
30 Bitmore Rd
Cerro Gordo, NC 28430 Whtteville, INC 28472
SECTION D CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business
entblanne B Benton 2/8/2021 „�
U SIGNATURE DATE
Foam must be signed by an officer listed under Section C of this form 8
Dianne B Benton Secretary AUG f s
Pnnt or Type Name of Officer Print or Type Title of iW _ VG /
MAIL TO Secretary of State Business Registration Division Post Office Box 29525 Raleigh NC 2762MS25

SECTION E ADDITIONAL OFFICERS
NAME Ricky J Benton, 11
NAME Ricky J Benton
NAME
TITLE Vice President
TITLE President
TITLE
ADDRESS
ADDRESS
ADDRESS
30 Bltmore Rd
P 0 Box 919
Whltevdle, NC 28472
Whltevdle, NC 28472
NAME
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ROY COOPER
Governor
DIONNE DELLI-GATTI
BRIM WRENN
Direaor
June 22, 2021
Black's Tire Service, Inc
Ann Ricky J Benton, President
P O Box 919
Whiteville, NC 28472
NORTH CAROLINA
Emvvnmenra Quality
Subject Stormwater Permit Renewal Request and Transfer Request
State Stormwater Management Permit No. SW8 110206
Black's Tire- Shallotte
Brunswick County
Dear Mr Benton
State Stormwater Management Permit #SW8 110206 for the subject project expired on February 28, 2021 This
is a reminder that permit renewal applications are due t 80 days prior to their expiration per 15A NCAC
2H 1045(3) North Carolina General Statutes and the Coastal Stormwater rules require that this property be
covered under a stormwater permit Failure to maintain a permit subjects the owner to assessment of civil
penalties
Please submit a complete permit renewal form along with a $505 00 fee and other submittal requirements within
30 days The permit renewal form can be found on our website at https //deg nc eov/abouddivisions/energv-
m meral-and- land-resources/stormw ater/stormwater-program/post-construction-2
Permits are not automatically transferred when the property ownership changes If this property has had an
ownership change, a permit transfer application form along with the submittal requirements will also need to be
submitted This form can also be found on the website provided above
If you have any questions regarding this matter, please contact Ashley Smith at [phone] or
ashleym smith@ncdenr gov
Sincerely, j
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
DES/ams \\\Stormwater\Permns & Projects\2011\110206 HD\2021 06 req_ren 110206
cc Ricky J Benton, Registered Agent, Black's Tire Service, Inc , 30 Bnmore Road, Whiteville, NC 28472
B & N Shallotte Property, LLC, New Property Owner, P O Box 919, Whiteville, NC 28472
Wilmington Regional Office File
D EW North Carolina Department of Environmental Quality I Division of Energy Mneral and Land Resources
Wdmmgton Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carohm 2a4o5
wain rmauH
omur�mu rmr. 9107%7215

T y �
• File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online
Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print
an Amended a Annual Report form
Business Corporation
Legal Name
Black s Tire Service, Inc
Information
Sosld 0192622
Status Current -Active 0
Date Formed 7/24/1986
Citizenship Domestic
Fiscal Month December
Annual Report Due Date April 15th
Currentgnnual Report Status
Registered Agent Benton, Ricky J
Addresses
Principal Office
30 Bitmore Road
Whiteville. NC 28472-4928
Mailing
PO Box 919
Whiteville. NC 28472-0919
Officers
Vice President
Christopher Ryan Benton
30 Bitmore Road
Whiteville NC 28472
Reg Office
30 Bitmore Road
Whiteville, NC 28472-4928
Reg Mailing
30 Bitmore Road
Whiteville, NC 28472-4928
Secretary Vice President
Dianne B Benton Jeremy C Benton
P O Box 99 30 Bitmore Rd
Cerro Gordo NC 28430 Whtieville NC 28472

President
Ricky J Benton
P O Box 919
Vice President
Ricky J Benton , II
30 Bitmore Rd
Whiteville NC 28472 Whiteville NC 28472
Stock
Class Common Non Voting
Shares 9000000
No Par Value Yes
Class Common Voting
Shares 1000000
No Par Value Yes

• File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online
Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print
an Amended a Annual Report form
Limited Liability Company
Legal. Name
B & N Shallotte Property, LLC
Prev Legal Name
BMN Shallotte Property, LLC
Information
Sosld 1202122
Status Current -Active O
Date Formed 5/5/2011
Citizenship Domestic
Annual Report Due Date April 15th
Currentgnnual. Report Status
Registered Agent Benton, Ricky James
Addresses
Principal. Office
30 Bitmore Rd
Whiteville, NC 28472-4928
Marling
PO Box 919
Whiteville, NC 28472-0919
Company Officials
Reg Office
30 Bitmore Road
Whiteville, NC 28472-4928
Reg Mailing
30 Bitmore Road
Whiteville. NC 28472-4928
All LLCs are managed by their managers pursuant to N C G S 57D-3-20
Member
Ricky J Benton
P 0 Box 919

East Coast Engirt
ENGINEERS•
October 19, 2011
ig & Surveying, P.C.
ERS•SURVEYORS
Deliver by Hand
Ms Georgette D Scott
Stormwater Supervisor
NCDF_NR Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Subject Black's Tire Service
Shallotte, North Carolina
Stormwater Permit No SW8 110208
High Density Stormwater Certification
Dear Ms Scott
On behalf of our Client, Black's Tire Service, please find enclosed the required Designer's
Certification form and checklist for the subject project the construction of this project was
recently completed and found to be built within substantial comphince and intent of the approved
plans and specifications
By copy of this letter, we are forwarding a copy of the enclosed Designer's Certification form and
checklist to Mr David Bowman, P E, I own of Shallotte Stormwater Engineer We are also
forwarding a copy of this information to Mr Mirk Fnnk for his files
Should you have, any questions or require any additional information, please contact our office at
your convemcnce
Sincerely,
� CIVE
J Christian Russell, P E 1 all
0(rT 2
Enclosures
Pc Mr Mark Frink w/enclosures
Mr David Bowman, P E Clown SW Engineer) w/enclosures
Mr Allen Serkin w/enclosures
File 1009 (Black's Tire Sen ice)
4918 MAIN STREET • POST OFFICE BOX 2469 • SHALLOTTE NORTH CAROLINA 28459 • TEL [phone] • Fax [phone]
FIRM LICENSE NUMBER C-3014