SW8970105_HISTORICAL FILE_20100326

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 V 0l 05
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2010 03 2-6
YYYYMMDD

r�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 26, 2010
Henry E. Miller, III, Manager
Smith Creek Retail, LLC
Post Office Box-i646 If Z $«�g�g-O
Wrrlk+s u . it e
Subject: Name Change / Ownership Change
Smith Creek Station
Stormwater Project No. SW8 970105MOD
New Hanover County
Dear Mr. Miller:
Dee Freeman
Secretary
On March 23, 2010, the Wilmington Regional Office received a request to transfer ownership of the
Stormwater Management Permit for the subject project. Staff of the Division of Water Quality have
inspected the project, determined that the documentation is in order, and the project is in compliance with
the Stormwater permit requirements. As indicated on the Name/Ownership Change form, you have
acknowledged receipt of a copy of the permit, which includes the application and supplement forms, a
copy of the approved plans and a copy of the required Operation and Maintenance agreement from the
previous permittee. By acknowledging receipt of the permit, and by signing the Name/Ownership Transfer
form, you have accepted the responsibility for complying with the terms and conditions outlined in this
permit. If you need additional copies of the permit, or copies of the approved plans, please contact the
Division of Water Quality in the Wilmington Regional Office at the phone number below.
Please be aware that the project's built -upon area and stormwater controls must be built and
maintained in compliance with the permit documents and the approved plans. Maintenance of the
approved system shall be performed in accordance with the Operation and Maintenance agreement.
Any modifications to this project must be submitted to the Division of Water Quality and approved prior
to construction. The issuance of this approval does not preclude you from complying with all other
applicable statutes, rules, regulations or ordinances, which may have jurisdiction over the proposed
activity, and obtaining a permit or approval prior to construction.
If you have any questions concerning this matter, please do not hesitate to call Chris Baker or me at (910)
796-7215.
Sincerely,
,U,rSr-c� •�
eorgette Cott
Stormwater Supervisor
Division of Water Quality
GDS\csb: S:\WQS\STORMWATER\PERMIT\970105MOD.mar10
cc: John Kuske, P. E., Norris, Kuske & Tunstall
New Hanover County Building Inspections
Wilmington Regional Office File
Central Files
Wilmington Regional Office One
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 NorthCarolina
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: w ,ncwaterquality.org Naturallrl

�F�7w� NKT #09077
NCDEFR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: SW8 970105 Modification with Renewal
2. Project Name: Smith Creek Station
3. Current Permit Holder's Company Name/Organization: Smith Creek Station, LLC
4. Signing Official's Name: H.E. Miller, III Title: Member / Manager
(person legally responsible for permit)
5. Mailing Address: P.O. Box 2046
City: Wilmington State: NC Zip: 28402
6. Phone: (910 ) 332-4114 Fax: ( ) N/A
II. PROPOSED PERMITTEE / OWNER / PROJECT I ADDRESS INFORMATION
This request is for: (please check all that apply)
® Name change of the owner (Please complete Items 1, 2 and 3 below)
❑ Name change of project (Please complete Item 5 below)
® Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
® Mailing address / phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization: Smith Creek Retail, LLC
2. Proposed permittee's signing official's name: Henry E. Miller, III
3. Proposed permittee's Title:
Manager
4. Mailing Address: P.O. Box 42
City: Wrightsville Beach State: NC Zip:
Phone: ( 910 ) 620-4265 Fax: (910 ) 344-1025
5. New Project Name to be placed on permit: N/A
28480
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach a copy of the deed transferring ownership of all common areas. Print Name
of HOA or POA in #1 above and provide name of HOA(POA) president in #2 above).
® The property owner.
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement and complete Property Owner
Information on page 4)
❑ Developer (Complete Property Owner Information on page 4)
SSW NIO Change Rev16Nov2009 Page 1 of 4

,III., REQUIRED ITEMS
This applicationpackage will not be accepted by the Division of Water Quality unless all of the
applicable required items listed below are included with the submittal.
1. This completed and signed form.
2. Legal documentation of the transfer of ownership. (For Permit Transfers Complete Current Permittee
and Proposed Permittee Sections)
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit and if not already submitted to DWQ.
5. If the Proposed Permittee is a corporation, LLC or General Partnership, provide documentation from
the Secretary of State office, which supports the named president, vice president, member, manager
or General Partner.
6. The $40.00 processing fee. If this is an initial transfer from the original permittee to the property owner
or other responsible party such as an HOA, the processing fee is not required. Subsequent ownership
transfers will require the $40.00 processing fee.
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements:
® Check here if the Current Owner is only changing the owner name, company name or project
name, or the mailing address, and will retain ownership of the permit.
1, H.E. Miller, III, Member / Manager of Smith Creek Station, t.LC the current owner, hereby notify the Division of
Water Quality that I am changing my name or company name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of this application are not completed and that if all required supporting
information and attachments as outlined above are not included, this application package will be
returned as incomplete.
❑ Check here if Current Owner is transferring (selling) the property to a new owner and will not
retain ownership of the permit.
1, , the current owner, am submitting this application for a transfer of
ownership for permit # I hereby notify DWQ of the sale or other legal transfer
of the stormwater system associated with this permit. I further acknowledge and attest that I have
transmitted a copy of the most recent permit, a copy of the Designers Certification, a copy of the
DWQ approved plans and/or approved as -built plans, a copy of the approved Operation and
Maintenance agreement and copies of past maintenance records to the Proposed Permittee named
in Sections 11 and V of this form at the mailing address listed in Section 11 of this form. I further attest
that I assign all rights and obligations as permittee to the Proposed Permittee named in Section V of
this form. I understand that this transfer of ownership cannot be approved by the Division of Water
Quality unless and until the facility is in compliance with the permit and the Proposed Permittee signs
this form. I understand that in the event the facility is not in compliance or the Proposed Permittee
does not sign this form, the responsibility to bring the facility into compliance and to comply with the
terms and conditions of the permit remains with me until such time as the Proposed Permittee signs
this form and t e Divisions it.
Siqnature: kit nete• 3/1 U 1 t o
_I Gg41- day of —Mu
forg ing instrument. Witness
S.
Notary Sig ture
SSW N/O Change Revl6Nov2009
County of
a Notary Public for the State of
_ personally appeared
20 � � , and acknowltnd6
my hand and official seal,
Page 2 of 4
do hereby certify that
me this the
of the

V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
Henry E. Miller, III, Manager of Smith Creek Retail, LLC hereby notify the Division of Water Quality that I have
acquired through sale, lease or legal transfer, the responsibility for constructing and/or operating and
maintaining, the permitted stormwater management system. I have examined the permit and
inspected the permitted facility, and agree to assume the rights and liabilities contained in the permit
and to comply with the terms and conditions of the permit.
I attest that I have reviewed this application for an ownership change and it is accurate and complete
to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information and attachments are not included, this
application package will be returned as incomplete.
I further acknowledge and attest that in the event the required facility inspection reveals that the
project is not in compliance with the permit, I understand this transfer of ownership will not be
approved until the project is brought into compliance. I acknowledge and attest that I have received a
copy of the most recent permit, a copy of the Designer's Certification, a copy of the DWQ approved
plans and/or approved as -built plans, a copy of the approved Operation and Maintenance agreement
and copies of past maintenance records from the previous permittee. I further acknowledge and
agree that I will construct and/or operate and maintain the system per the requirements listed in the
permit and in t e Operation and Maintenance agreement.
Signature: ((� I Date: _ /A V t i o
i, 6A m , .l. jif` IS a Notary Public for the State of
County of
do hereby certify that
• personally appeared before me this the
day of 20�, and ackrpwl�Mre,tre due execution of the
y S. OR
forgoinstrument. Witness my hand and official seal, P� -,p�s
_ %oTAq %_
{ (N1%tary9 `
Notary Sign re S il\ pIQL-Yp Zv
NOVER,G�°��
Additional copies of the original permit and the approved Operation a; Maintenance plan can be
obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee, should be sent to the
appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
SSW N/O Change Rev16Nov2009 Page 3 of 4

VI.. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION N/A
If the Proposed Permittee listed in Sections 11 and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization:
Title within the Organization:
Street Address:
City:
State:
Zip:
Mailing Address:
(if different from street address)
City: State: Zip:
Phone:
Email
Fax:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop, lease or purchase the property. A
copy of the lease agreement or pending property sales contract has been provided with the
submittal, which indicates the party responsible for the construction and/or operation and
maintenance of the stormwater system.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and that if the designated Proposed
Permittee dissolves their company and/or cancels or defaults on their lease agreement or pending
sales contract, responsibility for compliance with the DWQ Stormwater permit reverts back to me,
the property owner. As the property owner, it is my responsibility to notify DWQ by submitting a
completed Name/Ownership Change Form within 30 days of procuring a developer, lessee or
purchaser for the property. I understand that failure to operate and maintain the stormwater
treatment facility in accordance with the permit is a violation of NC General Statue 143-215.1, and
may result in appropriate enforcement action including the assessment of civil penalties of up to
$25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner
County of
Date:
a Notary Public for the State of
do hereby certify that
personally appeared before me this the
day of , 20_, and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature
SSW N/O Change Rev16Nov2009 Page 4 of 4

A- NORRIS, KUSKE &TUNSTALL
A� CONSULTING ENGINEERS, INC.
March 17, 2010
Mr. Chris Baker, Environmental Engineer II
NC DENR
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Re: State Stormwater Permit Name / Ownership Change Form
Smith Creek Station
Wilmington, NC
NKT Project No. 09077
Dear Mr. Baker:
J. Phillip Norris, P.E.
John A. Kuske, III, P.E.
John S.Tunstall, P.E.
J.A. Kuske, P.E. of Counsel
Enclosed are the following for your review and approval. Please feel free to contact us
with any questions or comments you may have.
® The original State Stormwater Permit Name / Ownership Change Form
® Legal documentation (Special Warranty Deed) of the transfer of ownership
® The original deed restrictions form (High Density Developments with Outparcels)
® The original deed restrictions form (High Density Commercial Subdivision)
® A copy of the Operating Agreement for Smith Creek Retail, LLC
Thank you for your assistance on this project.
Sincerely,
NORRIS, KUSKE & TUNSTALL
CONSULTING ENGINEERS, INC.
1 I11 a-�
Joh A. Kuske, III, P.E.
JAKIII/asn
09077 03-17-10-s-sw-name-ownership change-Itr
Enclosures
cc: Hank Miller, Manager / Smith Creek Station, LLC
Marsha Mayhew / Lat Purser & Associates, Inc.
/L e
�S
902 Market Street • Wilmington, NC 28401-4733 • Phone: [phone] • Fax: [phone]

v
t` High Density Developments with Outparcels
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management
Regulations, deed restrictions and protective covenants are required for High Density Developments
with Outparcels where outparcel lots will be subdivided from the main tract and sold. Deed restrictions
and protective covenants are necessary to ensure that the development maintains a "built -upon" area
consistent with the design criteria used to size the stormwater control facility.
I, Henry E. Miller, III, Manager of Smith Creek Retail LLC, acknowledge, affirm and agree by my
signature below, that I will cause the following deed restrictions and covenants to be recorded prior to
the sale of any outparcel or future development area:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 970105 Modification with Renewal. as issued by the Division
of Water Quality under the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality.
6. The maximum built -upon area for the outparcel(s) shown on the approved plans is as follows:
Stormwater Pond
Stormwater Pond No. 2
Parcel / Tract
Acreage
No. 1 BUA Limit
BUA Limit
No.
Outparcel No. 1 A
3.05 AC
119,572 SF
Outparcel No. 2A
2.82 AC
110,251 SF
Outparcel No. 311
1.25 AC
49,005 SF
Outparcel No. 4A
2.06 AC
80,760 SF
Outparcel No. 5R
1.17 AC
40,772 SF
Outparcel No. 6R
1.11 AC
43,516 SF
9.05 AC to
Tract No. 1 R
Pond No. 1
(3'd Revision)
1.21 AC to
364,597 SF
49,658 SF
Pond No. 2
10.26 AC Total
156,816 SF (Includes Pond
Tract No. 3
5.15 AC
No. 2 Area)
(Revision)
(Includes Pond
No. 2 Area
Tract No. 2-A2
2.04 AC
73,900 SF
0.37 AC to
Pond No. 1
Tract No. 2R
7.39 AC to
13,068 SF
274,428
Pond No. 2
7.76 AC Total
Form DRPC-2 Rev.2 05Nov2009 Page 1 of 2

1
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Huh Density Developments with Outparcels
Deed Restrictions & Protective Covenances
These allotted amounts include any built -upon area constructed within the property boundaries,
and that portion of the right-of-way between the lot lines and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
7. The runoff from all built -upon area within the outparcel or future development area must be
directed into the permitted stormwater control system.
8. Built -upon area in excess of the permitted amount will require a permit modification.
9. The connection from the outparcel's collection system into the stormwater control shall be made
such that short-circuiting of the system does not occur.
10. For those outparcels or future development areas whose ownership is not retained by the
permittee, the new owner shall submit a separate offsite stormwater permit application to the
Division of Water Quality and receive a permit prior to construction.
11. The project and each outparcel will maintain a 30** foot wide vegetated buffer between all
impervious areas and surface waters.
**50 foot for projects located in the 20 coastal counties.
narP. -S1viM
I, - 1`1 1 a Notary Public in the
State of rr County of IV i 11� fl (M 6'qb
do hereby certify that personally appeared
before me this the — lq4�- \- day of 20__L, and acknowledge
the due execution of the foregoing instrument. Witness my hand aR4,o7l1frsed
ryry R
Signa ure
05- o�- My Commiss n expires i� p�IQL\G =V
Form DRPC-2 Rev.2 05Nov2009 Page 2 of 2

Hi-gh Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
In accordance with Title 15 NCAC 21-1.1000 and S.L. 2006-246, the Management Regulations, deed
restrictions and protective covenants are required for High Density Commercial Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility.
Deed restrictions and protective covenants are necessary to ensure that the development maintains a
built -upon area consistent with the design criteria used to size the stormwater control facility.
I, Henry E. Miller, III. Manager of Smith Creek Retail. LLC, acknowledge, affirm and agree by my
signature below, that I will cause the following deed restrictions and covenants to be recorded prior to
the sale of any lot within the project known as Smith Creek Station:
The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 970105 Modification with Renewal as issued by the Division
of Water Quality under the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality.
6. The maximum built -upon area per lot, in square feet, is as listed below:
Stormwater Pond
Stormwater Pond No. 2
Parcel / Tract
Acreage
No. 1 BUA Limit
BUA Limit
No.
Outparcel No. 1 A
3.05 AC
119,572 SF
Outparcel No. 2A
2.82 AC
110,251 SF
Outparcel No. 3R
1.25 AC
49,005 SF
Outparcel No. 4A
2.06 AC
80,760 SF
Outparcel No. 5R
1.17 AC
40,772 SF
Outparcel No. 6R
1.11 AC
43,516 SF
9.05 AC to
Tract No. 1 R
Pond No. 1
(3`d Revision)
1.21 AC to
364,597 SF
49,658 SF
Pond No. 2
10.26 AC Total
156,816 SF (Includes Pond
Tract No. 3
5.15 AC
No. 2 Area)
(Revision)
(Includes Pond
No. 2 Area
Tract No. 2-A2
2.04 AC
73,900 SF
0.37 AC to
Pond No. 1
Tract No. 2R
7.39 AC to
13,068 SF
274,428
Pond No. 2
7.76 AC Total
Form DRPC-1 Rev.2 05Nov2009 Page 1 of 2

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High Density Commercial Subdivisions
Deed Restrictions & Protective Convenances
This allotted amount includes any built -upon area constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the pavement. Built
upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood decking, or the water
surface of swimming pools.
7. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street,
grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff
and directing them into a component of the stormwater collection system. Lots that will naturally
drain into the system are not required to provide these additional measures.
8. The owner of each lot, whose ownership is not retained by the permittee, is required to submit a
separate stormwater permit application to the Division of Water Quality and receive a permit
prior to construction.
9. The project and each lot will maintain a 30" foot wide vegetated buffer between all impervious
areas and surface waters.
""50 foot for projects located in the 20 coastal counties.
Signature:
State of
do hereby certify that
before me this the
the due xecution of the
I ►) S,
My
0
Of
day of I I I(J,N KJ
0 instrument. Witness my
a Notary Public in the
_personally appeared
20_�L, and acknowledge
,,aOTA,t�l-
pUB1 �G .;v
Form DRPC-1 Rev.2 05Nov2009 Page 2 of 2

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1' L)o,!S7 Fa DENR Um ONLY
ANorth
��Reviewer: G���sv Carolina Department of Environment and
Natural Resources amc
NCDENR Request for Express Permit Review T1m
Confirm:
FILL-IN all the information below and CHECK the Permits) you are requesting for express review. FAX or Email the completed form to Express
Coordinator along with a completed DETAILED narrative, site plan (PDF rile) and vicinity map (same items expected in the application package
of the project location. Please include this form in the application package.
• Asheville Region -Alison Davidson 828.296.4698;alison.davidson(a)-ncmail.net
• Fayetteville or Raleigh Region -David Lee 919-791.4203; david.lee(a)ncmail.net
• Mooresville & -Patrick Grogan 704-663.3772 or patrick.0rogan(ti)ncmail.net
• Washington Region -Lyn Hardison 252-946.9215 or lyn.hardison(a)ncmall.net
• Wilmington Region -Janet Russell 910-350.2004 or)anet.russell(alncmail.net
NOTE: Project application received after 12 noon will be stamped in the following work day.
Permits ofreauest
SW
SW
SW
SW
SW
matoWill
Project Name: SMITH CREEK STATION County: NEW HANOVER
Applicant: HENRY E. MILLER, III, MANAGER Company: SMITH CREEK RETAIL, LLC
Address: P.O. BOX 42 City: WRIGHTSVILLE BEACH, Slate: NC Zip: 28480
Phone: [phone], Fax: [phone], Email: hank.miller@ maig I com
Physical Localion:SMITH CREEK STATION (OLD EASTWOOD ROAD)
Project Drains into SMITH CREEK waters — Water classification C SW (for classification see-hhhttp://h2o,enr.state.nc.us/bims/reports/reoOrtswB.html
Project Located in CAPE FEAR River Basin. Is project draining to class ORW waters? Y/ within % mile and draining to class SA waters Y or within 1
n
mile and draining to class HOW waters? 4/
Engineer/Consultant: JOHN A. KUSKE. III. P.E. Company: NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC.
Address: 902 MARKET STREET City: WILMINGTON, Slate: NC Zip: 28401-_
Phone: [phone], Fax: [phone], Email: 'kui [e-mail] C. C ,. cu] or 6 S 2 IMCj ' , (.'bIn
SECTION ONE: REQUESTING A SCOPING MEETING ONLY I yI
❑ Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ DLR, El OTHER: _ l J v o r"'
SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING
❑ 401 Unit ❑ Stream Origin Determination: _ It of stream calls — Please attach TOPO map marking the areas in questions
ElIntermillenUPerennial Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ 401 Water Quality Certification ❑ Isolated Wetland (_linear it or _acres)
❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance
® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other
❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW _ (Provide permit #)]
® High Density -Detention Pond _ # Treatment Systems ❑ High Density-Infillration _ #Treatment Systems
❑ High Density -Bio-Retention _ It Treatment Systems ❑ High Density —SW Wetands _ If Treatment Systems
❑ High Density -Other _ # Treatment Systems / ® MOD:❑ Major ❑ Minor ❑ Plan Revision ❑ Redev. Exclusion SWN0105 (Provide permit #)
❑ Coastal Management ❑ Excavation & Fill Bridges u verts ❑ Structures Information
❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
❑ Land Quality
❑ Erosion and Sedimentation Control Plan with _ acres to be disturbed.(CK # (for DENR use))
SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoolno and express meetino reauest
Wetlands on Site ❑ Yes ® No Buffer Impacts: ® No ❑ YES: _acre(s)
Wetlands Delineation has been completed: ❑ Yes ® No Isolated welland on Property ❑ Yes ® No
US ACOE Approval of Delineation completed: ❑ Yes ® No 404 Application in Process w/ US ACOE: ❑ Yes ® No Permit
Received from US ACOE ❑ Yes ® No
u•uun.•n.............................. ....u...••..far llliNR use nnl.............................•..................
Fee Split for multiple Dermits: (Check It 1 Total Fee Amount s
SUBMITTAL DATES
Fee
SUBMITTAL DATES
Fee
CAMA
$
Variance ( Mal; ❑Min)
$
SW (U HD, ❑ LD, ❑ Gen)
I
$
401:
s
La
$
Stream Deter,_
S
zo !14' V D
L
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STORMWATER SYSTEM NARRATIVE
SMITH CREEK STATION - MODIFICATION TO MASTER STATE
STORMWATER PERMIT NO. SW8 970105 MODIFICATION WITH RENEWAL
LAND ROVER CAPE FEAR (OUTPARCEL 4A) - PLAN REVISION TO STATE
STORMWATER OFF -SITE SYSTEM PERMIT NO. SW8 000719
BUFFALO WILD WINGS GRILL & BAR (OUTPARCEL 2A) - NEW STATE
STORMWATER OFF -SITE SYSTEM PERMIT
WILMINGTON. NORTH CAROLINA
March 2010
Prepared by:
NORRIS, KUSKE & TUNSTALL CONSULTING ENGINEERS, INC.
902 Market Street
Wilmington, North Carolina 28401
[phone]
[phone] (Fax)
NKT Project No. 09077, 09083 & 09107 ➢`LEC D
MAR 0 5 2010
By:

NARRATIVE
PROJECT SITE DESCRIPTION:
Smith Creek Station is an existing shopping center site within the Wilmington City limits in New
Hanover County, NC. The total shopping center site area is approximately 37.97 acres. The
total shopping center site area has multiple property owners, which will be discussed in more
detail in the stormwater permitting section of this narrative.
The 37.97 acre shopping center site has access to Old Eastwood Road, Racine Drive and
Government Center Drive, which are all owned and maintained by the City of Wilmington. The
majority of the total shopping center site area is currently developed with the exception of one
(1) outparcel (Outparcel No. 2A) and one (1) vacant building pad between two (2) existing
buildings. The existing shopping center and outparcels are shown in more detail on the
following attached plans.
• Smith Creek Station Stormwater Master Plan
• Buffalo Wild Wings Layout Plan
• Land Rover Layout Plan
STORMWATER MANAGEMENT MEASURES:
The stormwater management measures for the 37.97 acre shopping center site include an
existing storm drain pipe system and two (2) existing stormwater ponds. The two (2) existing
stormwater ponds were designed to meet the City of Wilmington Stormwater Ordinance and
the NC DENR State Stormwater Regulations. The Master State Stormwater Permit for the
shopping center is SW8 970105 Modification with Renewal, which is issued to the shopping
center developer, Smith Creek Retail, LLC (formerly Smith Creek Station, LLC). The two (2)
existing stormwater ponds treat the stormwater runoff from the total 37.97 acre shopping
center site and drainage area. The drainage area associated with Stormwater Pond No. 1 is
18.65 acres. Stormwater Pond No. 1 is approved to treat runoff from a total impervious area
equal to 688,248 SF / 15.80 acres as approved in Master State Stormwater Permit No. SW8
970105 Modification with Renewal. The drainage area associated with Stormwater Pond No.
2 is 19.32 acres. Stormwater Pond No. 2 is approved to treat runoff from a total impervious
area equal to 708,286 SF / 16.26 acres as approved in Master State Stormwater Permit No.
SW8 970105 Modification with Renewal. The drainage area to each stormwater pond is
shown on the attached Smith Creek Station Stormwater Master Plan.
STORMWATER PERMITTING:
Existing Stormwater Pond No. 1 and existing Stormwater Pond No. 2 were permitted in
accordance with the City of Wilmington Stormwater Ordinance and the State Stormwater
Regulations. The existing stormwater ponds are approved in State Stormwater Permit No.
SW8 970105 Modification with Renewal, which is issued to the shopping center developer,
Smith Creek Retail, LLC (formerly Smith Creek Station, LLC). Outparcels and tracts_ of land..
11�FCJ�x�r�;1
MAR 0 5 2010
BY:

owned by others are permitted under a State Stormwater Off -Site System Permit (Land Rover
Cape Fear — Outparcel No. 4A) or will be permitted under a new State Stormwater Off -Site
System Permit (Buffalo Wild Wings Grill & Bar— Outparcel No. 2A).
The remaining portion of the narrative will focus on State Stormwater permitting and property
ownership. A State Stormwater Master Plan permit modification and / or new State
Stormwater permits are now required due to changes in property ownership.
The shopping center developer, Smith Creek Retail, LLC (formerly Smith Creek Station, LLC),
will remain the majority property owner and therefore will continue to hold Master State
Stormwater Permit No. SW8 970105 Modification with Renewal. However, the Master State
Stormwater Permit No. SW8 970105 Modification with Renewal will be modified to reflect the
sale of Outparcel No. 2A to Wild Creek, LLC, dba Buffalo Wild Wings Grill & Bar, which will be
applying for the required State Stormwater Off -Site System permit.
The required permit applications, application fees, calculations, revised / new deed restrictions
and other supporting documentation for the State Stormwater permit modification and the new
State Stormwater Off -Site System permit is being submitted as one (1) review package as
discussed in the preliminary scoping meeting with Cameron Weaver, NC DENR Express
Permitting Coordinator. We are requesting that the Master State Stormwater Permit SW8
970105 Modification with Renewal and the Hampton Inn State Stormwater Off -Site System
permit be reviewed and approved first since the Hampton Inn is the only project being
constructed. The remaining permit applications are for existing facilities or proposed future
development.
STATE STORMWATER PERMITTING SITE DATA:
• Total Shopping Center Site Area:
• Total Shopping Center Drainage Area:
• Stormwater Pond No. 1 Drainage Area:
• Total Impervious Area Allowed / Approved
for Stormwater Pond No. 1 per Master
Stormwater Permit No. 970105 Modification
with Renewal:
• Stormwater Pond No. 2 Drainage Area:
• Total Impervious Area Allowed / Approved
for Stormwater Pond No. 2 per Master
Stormwater Permit No. 970105 Modification
with Renewal:
37.97 AC
37.97 AC
18.65 AC
15.80 AC / 688,248 SF
19.32 AC
16.26 AC / 708,286 SF
MAR e 5 2010
nor.

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CONSULTING ENGINEERS, INC.
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MAR 5 2010
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SITE PLAN
SMITH CREEK STATION
STORMWATER MASTER PLAN
STORMWATER POND DRAINAGE
AREA DIVISION LINE
STORMWATER POND OUTLINE

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VICINITY MAP
NOT TO SCALE
MAR 0 5 2010

CA201004800525
�•_% o� LIMITED LIABILITY COMPANY
ANNUAL REPORT
NAM1E OF LIMTITD L IABILITY COMPANY: Smith Creek Retail, LLC
SECRI TARY Or STA'IT. L.L.C. ID NUMBER: 0896764
NATURI+.Oh BIISINI'SS: Commercial Real Estate
REGIS'IURED AGENT: Purser, LaI Wlll
REGIS'I1 RI;D OFFICE MAILING ADDRESS: 4530 Park Road, ,Suite 300
Charlotte, NC 28209
SOSID: 0896764
Date Filed: 2/17/2010 7:18:00 AM
Elaine F. Marshall
North Carolina Secretary of State
CA201004800525
S'rATE OF INCORPORATION: NC
REGIS11NED OFFICF: STREET ADDRESS: 4530 Park Road, .Suite 300
Charlone, .NC 282091lecklerrbrrrg Counly
SIGNATURE OF TI1E MEW REGISTERED AGGNr:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
PRINCIPAL OFFICIE'rG,EPILONF: NUN-MER: [phone]
PRINCIPAL OFFICE MAILING ADDRESS: 4530 Park Road ,Suite 300
Chalone, NC 28209
PRINCIPAL OFFICE, STREET ADDRESS: 4530 Park Road, Suite 300
Charlotte, NC 28209
MANAC-1.RS/M IEMBF IZS/ORGANIZERS:
Name:llplel Reahv, LLC
Tide: Alember
Address:
P 0 Box 42
Wrightsville Reoclr, N(' 28480
Name: Lai IV Purser III
7'ille: Managing Member
Adth'ess:
4530 Park Road, Suite 300
Charlotte, NC 28209
None: Lionel L Pow
Title: Member
Address:
1900 Casitwoad ! r✓�iid, Ste Il
Wilmington, NC 28403
CERTIFICATION OF ANN�UAqL.-REI' r MUST' BE COMPLETED BY ALL. LIMITED LIABILITY COMPANIES
FORM MUST 13Ii SIGNED BY A MANAOCR/MEMBER DATE
Lat W. Purser, III
Manager
ANNUAL REPORT ITT: S200 MAIL TO: Seaelary of Slate o Cu puratinro Diviaiun • Post Office [lux 29525 • 16168h, NC 27626-0525