SW8070935_Current Permit_20221229

ROY COOPER
Governor
ELI2.AB€T'I-I S BI.SER � .
Secretary
DOUGLAS R.ANSEL. r40RTH CA.ROLINA
Intenm Doctor Em*w mem td Qualtty
December 29 , 2022
MDI Management,LLC
Attn:John Orgain,President
P.O.Box 800
Hickory,NC 28603
Subject: Permit Renewal
Post-Construction Stormwater Management Permit No. SW8070935
Two Eleven Midway
Brunswick County
Dear Mr.Orgain:
The Division of Energy,Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on December 51,2022. The Division is hereby notifying you that permit SW8070935 has been
renewed,updated, and re-issued on December 71,2022, as attached.Please be aware that the renewal and re-
issuance of this stormwater permit does not imply that the site is currently in compliance.
This permit shall be effective until May 12te,2029 and does not supersede any other agency permit that may be
required. The project shall be subject to the conditions and limitations as specified therein_ This permit does not
impose new or increased stormwater control requirements;it clarifies the rules and requirements of this program
to provide you with a better understanding of your obligations under this permit. Failure to comply with these
requirements will result in future compliance problems. Please note that this permit is not transferable except
after notice to and approval by the Division..
If any parts,requirements,or limitations contained in this permit are unacceptable,you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings(OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAH within thirty(30)days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee(if a filing fee is required)and/or the details of the filing process at 6714 Mail Service Center,
Raleigh,NC 27699-6714,or via telephone at 919431-3000,or visit their website at www.NCOAH.com.Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit,please contact Aisia Freeman in the Wilmington Regional
Office,at(910)796-7318 or Aisia.freeman@ncdenr:gov.
Sincerely,
Douglas R.Ansel,Interim Director
Division of Energy,Mineral and Land Resources
Enclosures: Attachment A—Designer's Certification Form
Attachment C—Permitting History
Copy of the Renewal Application Documents
DES!af: WNStormwaterTermits&Projncts12007\070935 HD12022 12 permit 070935
cc: Wilmington Regional Office Stormwate;File
. North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Mmington Regional Office 1 127 Cardinal-DrNe.Eztensuan I Mmington,North Carolina 2a405
n.p.ear.ear+raw.+�ra.atr ,�. 910.796.7215

Post-Construction Stormwater Management
Permit No. SW9070935
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION 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
MDI Management, LLC
Two-Eleven Midway
Intersection of NC HINY 211 and Midway Road SE, Oak Island, Brunswick County
FOR THE
construction, operation and maintenance of a constructed wetland detention system in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') as outlined in the
application, approved stormwater management plans, supplement, calculations, operation and maintenance
agreement, recorded documents, specifications, and other supporting data (the "approved plans and
specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land
Resources (the "Division" or"DEMLR"). The project shall be constructed, operated and maintained in
accordance with these approved plans and specifications. The approved plans and specifications are
incorporated by reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until May 121, 2029 and shall be subject to the
following specified conditions and limitations. The permit issued shall continue in force and effect until the
permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however,
these actions do not stay any condition. The issuance of this permit does not prohibit the Director from
reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as
allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
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 development is permitted for 14 outparcels, each limited to a maximum amount of built-upon area
as indicated in Section 11.16 (f) of this permit.
3. This stormwater system has been approved for the management of stormwater runoff as described in
Section 1.7 of this permit. The runoff from all built-upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control measure. The stormwater control
measure has been designed to handle the runoff from 1,216,200 square feet of impervious area.
Page 1 of 7

Post-Construction Stormwater Management
Permit No. SW9070935
4_ The drainage areas will be limited to the amounts of built-upon area indicated in Sections 1.3 and 1.7 of
this permit, and per approved plans. The built-upon area for the future development is limited to 15,014
square feet.
5. This constructed wetland must be operated with a 30' vegetated filter.
6. Each parcel or future development area within the subdivision whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management Permit application package to the
Division and receive a permit prior to any construction on the lot.
7. The following design elements have been permitted for this constructed wetland stormwater facility, and
must be provided in the system at all times.
a. Drainage Area, acres: 39.47
Onsite, ft2: 1,719,313
Offsite, ft2: None
b. Total Impervious Surfaces, ftz: 1,216,200
Buildings, ft2: 94,148
Streets/ Parking, ftz' 351,574
Sidewalks ftz: 27,043
Outparcel #1, ft2: 39,548
Outparcel #2A, ft2: 28,474
Outparcel #213, ft2: 39,548
Outparcel #3, ft2: 59,717
Outparcel #4, ft2: 79,492
Outparcel #5A, ft2: 23,280
Outparcel #513, ft2: 50,226
Outparcel #6, ft2: 55,367
Outparcel #7, ft2: 57,345
Outparcel #8A, ft2: 45,084
Outparcel #8B, ft2: 67,232
Outparcel #9A, ft2: 35,593
Outparcel #913, ft2: 51,413
BEMC, ft2: 96,102
Future, ft2: 15,014
C. Deep Pool Depth @ PP, feet: 3
d. TSS removal efficiency: 85 %
e. Design Storm: 1
f. Permanent Pool Elevation, FMSL: 39.0
g. Permitted Surface Area @PP, ft2: 126,325
h. Permitted Storage Volume, ft3' 111,399
i. Storage Elevation, FMSL: 39.75
j. Controlling Weir: 18" Wide X 9" High
k. Permanent Pool Volume, ft3: 110,156
I. Forebay Volume, ft3: 28,397
m. Receiving Stream / River Basin: River Swamp/ Lumber
n. Stream Index Number: 15-25-1-6
o. Classification of Water Body: "C; Sw"
Page 2 of 7

Post-Construction Stormwater Management
Permit No. SW9070935
II. SCHEDULE OF COMPLIANCE
1. The permittee shall review all lot plans for new construction and any subsequent modifications and
additions, for compliance with the conditions of this permit. The permittee shall not approve any lot
plans where the maximum allowed built-upon area has been exceeded, or where revisions to the
grading or to the storm drainage system are proposed unless and until a permit modification has been
approved by the Division.
2. The permittee is responsible for the routine monitoring of the project for compliance with the built-upon
area limits, grading, and the storm drainage system established by this permit, the permit documents,
the approved plans, and the recorded deed restrictions. The permittee shall notify any lot owner that is
found to be in noncompliance with the conditions of this permit in writing, and shall require timely
resolution.
3. 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.
4. No person or entity, including the permittee, shall alter any component shown in the approved plans
and specifications. Prior to the construction of any modification to the approved plans, the permittee
shall submit to the Director, and shall have received approval for modified plans, specifications, and
calculations including, but not limited to, those listed below. For changes to the project or SCM that
impact the certifications, a new or updated certification(s), as applicable, will be required and a copy
must be submitted to the appropriate DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the SCM(s),
BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or
property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the
approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the
approved plan.
e. The construction of any allocated future BUA.
f. (residential only)Adding the option to use permeable pavement or#57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed restrictions and
protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material
to be considered a permeable surface that were not included in the approved plans and
specifications.
h. Other modifications as determined by the Director.
5. 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.
6. All stormwater collection and treatment systems must be located in either dedicated common areas or
recorded easements. The final plats for the project will be recorded showing all such required
easements, in accordance with the approved plans.
7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be
repaired immediately.
Page 3 of 7

Post-Construction Stormwater Management
Permit No. SW9070935
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. 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.
10. The permittee shall at all times provide the operation and maintenance necessary to assure that all
components of the permitted stormwater system function at design condition. The approved Operation
and Maintenance Agreement is incorporated by reference into this permit and must be followed in its
entirety and maintenance must occur at the scheduled intervals.
11. Records of maintenance activities must be kept and made available upon request to authorized
personnel of DEMLR. The records will indicate the date, activity, name of person performing the work
and what actions were taken.
12. The facilities shall be constructed, operated and maintained in accordance with the provisions of this
permit, the approved plans and specifications, and the supporting documents attached to this permit
and on file with the Division.
13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of
recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above,
the signature of the Permittee, the deed book number and page, and the stamp/signature of the
Register of Deeds.
14. Prior to transfer of the permit, the stormwater facilities will be inspected by DEMLR personnel. The
facility must be in compliance with all permit conditions. Any items not in compliance must be repaired
or replaced to design condition prior to the transfer. Records of maintenance activities performed to
date will be required.
15. 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 4 of 7

Post-Construction Stormwater Management
Permit No. SW9070935
16. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW8 070935, as issued by the Division of Energy, Mineral and
Land Resources under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the Division.
e. Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division.
f. The maximum built-upon area for the outparcels) or future development areas shown on the
approved plan is as follows:
Description of Area BUA (ft2)
Outparcel 1 39,548
Outparcel 2A 28,474
Outparcel 2B 39,548
Outparcel 3 59,717
Outparcel 4 79,492
Outparcel 5A 23,280
Outparcel 5B 50,226
Outparcel 6 55,367
Outparcel 7 57,345
Outparcel 8A 45,084
Outparcel 8B 67,232
Outparcel 9A 35,593
Outparcel 9B 51,413
BEMC 96,102
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.
g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their
allowable built-upon area due to CAMA regulations.
h. The runoff from all built-upon area within the outparcels or future development areas must be
directed into the permitted stormwater control system.
i. Built-upon area in excess of the permitted amount will require a permit modification.
j. 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.
k. Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the Stormwater Rules is subject to enforcement
procedures as set forth in G.S. 143, Article 21.
I. For those outparcels or future development areas whose ownership is not retained by the
permittee, the new owner shall submit a separate Offsite Stormwater Management Permit
application to the Division and receive a permit prior to any construction on the lot.
Page 5 of 7

Post-Construction Stormwater Management
Permit No. SW9070935
III. GENERAL CONDITIONS
1. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall
take immediate corrective actions. This includes actions required by this Division and the stormwater
rules such as the construction of additional or replacement on-site stormwater systems. These
additional or replacement measures shall receive a permit from the Division prior to construction.
2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the
expiration date of this permit. The renewal request must include the appropriate application,
documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3).
3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The
permittee shall submit a completed Permit Information Update Application Form to the Division within
30 days to making any one of these changes.
4. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval
by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance
of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must
be submitted within 90 days of the permit holder meeting one or more of the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business association that
has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the property on which
the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal
proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the permitted
activity is occurring or will occur, except in the case of an individual residential lot sale that is
made subject to the recorded deed restrictions and protective covenants;
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2);
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be
conducted by Division personnel to ensure the permit conditions have been met and that the project
and the on-site stormwater system complies with the permit conditions. Records of maintenance
activities performed to date may be requested. Projects not in compliance with the permit will not be
transferred until all permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this
permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable recorded
documents, and specifications shall be maintained on file by the permittee at all times.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during
normal business hours to inspect all components of the permitted project.
c. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the stormwater rules is subject to
enforcement procedures as set forth in NCGS 143 Article 21.
d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual
certification completed by either the permittee or their designee confirming the projects
conformance with permit conditions
Page 6 of 7

Post-Construction Stormwater Management
Permit No. SW9070935
e. OBTAINING COMPLIANCE. 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
modified plans and certification in writing to the Director that the changes have been made.
f. OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying
with and obtaining any other permits or approvals that are required for this development to take
place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by
any other Local, State or Federal government agency having jurisdiction. Any activities
undertaken at this site that cause a water quality violation or undertaken prior to receipt of the
necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and
subject to enforcement procedures pursuant to NCGS 143-215.6.
Permit renewed, updated. and reissued this the 29th day of December 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
0�� A.
For Douglas R. Ansel, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 7 of 7

Post-Construction Stormwater Management
Permit No. SW9070935
Two- Eleven Midway Page 1 of 2
Stormwater Permit No. SW8 070935
Brunswick County
Designer's Certification
I, , as a duly registered in the State of North
Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the best of my abilities,
due care and diligence was used in the observation of the project construction such that the construction was
observed to be built within substantial compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
Page 1 of 2

Post-Construction Stormwater Management
Permit No. SW9070935
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
2. The drainage area to the system contains no more than the permitted amount of built-upon
area.
3. All the built-upon area associated with the project is graded such that the runoff drains to the
system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-circuiting of the system.
11. The permitted amounts of surface area and/or volume have been provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the
vegetated filter.
15. The required dimensions of the system are provided, per the approved plan.
cc: NCDEQ-DEMLR Regional Office
Brunswick County Building Inspections
Page 2 of 2

Attachment 1-Permitting History
Two-Eleven Midway
Permit No.SW8 070935
Ap rooval Permit Action RM Description of the Changes
Dat Version
4/17/2008 Original Approval 1.0
12/5/2008 Modification 1.1 Redesigned the site layout and reallocated the built-upon area.
Permit Extension. New expiration date: 5/12/21
6/30/2016 Plan Revision 1.2 Update the permittee's legal name,point of contact,and mailing address.
Changes to the site layout,outparcel configuration,and BUA allocation.
Reducing the future BUA allocated to the main parcel by 15,014 sq ft.
Approving the development of Lot 5A. The permittee retained ownership of
1/30/2018 Minor Modification 1.3 this lot. Lot 5A used 23,280 sq ft of BUA and has 0 sq ft remaining for future
development.
12/29/2022 Renewal 2.0 New expirartion date 05/12/2029
Page 1 of 1

DEMLR.USE ONLY
Date Received Fee Paid Permit Number
STATE STORMWATER:
PERMIT INFORMATION UPDATE APPLICATION FORM
There is NO FEE for updating project name or permittee information.
This form is to only to be used by the current permittee to notify the Division of.•
1) changes to the Point of Contact(signing official)for the current permittee(LLC, Corporation, HOA or POA);
2)changes to the mailing address,phone number or email address of the current permittee;
3) changes to the name of the project,and
4)changes to the legal corporate name as documented by a Name Change or Merger filed with the NCSOS.
A. NEW PERMIT INFORMATION
State Stormwater Permit Number: SW8070935
Are you updating If so, please provide the updated information:
(check all that apply):
❑ Project name
❑Corporation Name'
® Permit Contact Name2,3 John OrQain
® Permit Contact Title President
® Mailing Address3 P.O. Box 800, Hickory, NC 28603
Phone number 828-725-4444
® Email address iohn.orgain(c�alexlee.com
' Provide documentation such as a Name Change/Merger filed with the NCSOS.
2 Provide supporting documentation such as NCSOS filing. The permit contact's position must be in accordance
with 15A NCAC 02H .10400).
3 If more than one point of contact or mailing address is being changed,please attach a separate sheet.
B. CERTIFICATION OF PERMITTEE
I,John B. Orgain,the current permittee, hereby notify DEMLR that I am making the changes as listed in Section A
above. I further attest that this application for an update to the permit information currently on file is accurate and complete
to the best of my knowledge.
Signature: Date:
I,S o P-Ung r-% �.a Notary Public for the State of lures ,
County of�l�Y�.. , do hereby certify that_Al � &6 dIZ
personally appeared before me this the day of ' ,20�,and acknowledge the due
execution of the forgoing instrument.Witness my hand and o cia seal,
(Notary seal) JODY J E" ERIDDE
NOTARY p6ig�
N Luray,
Notary Signature
My commission expires
Stormwater Permit Information Update Form Page 1 of 1 May 11,2017

DEMLR USE ONLY
Date Received Fee Paid Permit Number
5 01
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398(SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: SW8070935
2. Project name: Two-Eleven Midway
3. Project street address: Intersection of NC HWY 211 and Midway Road SE
City: Oak Island County: Brunswick Zip: 28422
4. What, if any,changes have been made to the project as permitted?
If the project has changed from the original approved plans,please complete SWU-101 for a Major
Modification or Minor Modification Application form available at:https://deg.nc.govlabout/divisions/energy-
mineral-land-resources/ene rgy-mineral-land-rules/stormwater-program/post-construction.
B. PERMITTEE INFORMATION
ff changes to the permittee or project name have been made,please complete either the Permit Update form
or the Permit Transfer form available at:https://deg.nc.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction. State StormwaterPermits do not
automatically transfer with the safe of the property.
1. Current Permit Holder's Company Name/Organization: MDI Management, LLC
2. Signing Official's Name: John Orgain
3. Signing Official's Title: President
4. Mailing Address: P.O.Box 800
City: Hickory State: NC zip : 28603
5. Street Address: 120 Fourth Street, SW
City: Hickory State: NC Zip : 28602
6. Phone: 8( 28 ) 725-4444 Email: [e-mail]
ECEIVE
nrC 2 9 2022
Stormwater Permit Renewal Form Page 1 of 3 May 11,2018

C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non-Coastal HQW/ORM. Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
V/ 1. A permit application processing fee of$505.00 payable to NCDEQ.
2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation—a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC)—a manager or company official as those terms are defined
in G.S. 57D"North Carolina Limited Liability Company Act;"
c. Public Entity—a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership—the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a—e above authorizing the
signature of another entity.
goK!E
3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
4. O&M Agreements, Please select one:
1 have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
5. Designer Certifications, Please select one:
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
J ❑ The project has not yet been built.
6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
https://www.sosnc.gov/online services/search/by title/ Business Registration
DEC 0 5 2072
BY:
Stormwater Permit Renewal Application Form Page 2 of 3 May 11,2018

D. PERMITTEE'S CERTIFICATION
I, o IJ - 01- Z;vx the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agpea4lent on site(or I will obtain a copy and it will be kept on site),that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built-upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ownership. All information provided on this permit renewal application is,to the best of my
knowledge, correct and com let .
Signature: Date: 2-3 'Z Z
NOTARIZATION:
I11\r-
I , a Notary Public for the State of
County of a 3LO,L0JoC^_ do hereby certify
that J o _J r aG i s personally appeared before me
this the�7� day of AOl/ 1? c 20 _, and acknowledge the due
execution of the forg trument. Witness my hand and official seal,
JODY J ETHERIDGE
(Notary Seal) NOTARY PUBLICCataWba County
North Carolina
My Commiesbn EXPJMS OCtober30.2027
Notary Signature:
My commission expires
Stormwater Permit Renewal Application Form Page 3 of 3 DEC 05 2 May 11,2018
BY.

State Stormwater Management Systems
Permit No_SW8#770935MOO
Two- Eleven Midway Page 1 of 2
Stormwater Permit No. SW8 070935MOD
Brunswick County
Designer's Certification
1, Jennifer Diaz,PE , as a duly registered Professional Engineer in
the State of North Carolina, having been authorized to observe (periodic-illy/weei<lyffull
time) the construction of the project,
Two-Eleven Midway -Stormwater Wetland
(Project) a
for MDI Manai ement LLC (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
kpiI$kAIflii[,t
Signature Ir
�''rCro�,• '.�
---� = Q SEAL ors•
Registration td mber 44 3 = 034473
Date t
I
12. 1� • �.,-y••;act tv��••het,�.:
GCE'VE
BY:
Page 8 of 9

State Storrnwater Management Systems
Permit.Na. SW8 070935M0D
Certification Requirements: Page 2 of 2 _
7CD_1. The drainage area to the system contains approximately the permitted
acreage.
CD 2. The drainage area to the system contains no more than the permitted
amount of built-upon area.
CD 3. All the built-upon area associated with the project is graded such that the
runoff drains to the system.
JCD 4. All roof drains are located such that the runoff is directed into the system,
JCD 5. The outlet/bypass structure elevations are per the approved plan,
ICD G. The outlet structure is located per the approved plans.
CD 7. Trash rack is provided on the outlet/bypass structure.
JCD g. All slopes are grassed with permanent vegetation.
JCD 9, Vegetated slopes are no steeper than 3:1.
JCD10. The inlets are located per the approved plans and do not cause short--
circuiting of the system.
JCD 11. The permitted amounts of surface area and/or volume have been
provided.
1CD 12. Required drawdown devices are correctly sized per the approved plans.
jCD 13. All required design depths are provided.
JCD 14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
JCD 15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Brunswick County Building Inspections
ECEIVE
BY:
Page 9 of 9

'2-1920
11111111111111111111111111111lllllnl 83998 R0 Clemens 5-59�PeOP
Brunswick County, NC Register of Deeds page 1 of 8
ReJ$ ggEU
T
To t
CkRGnt $
Refund Cesh$ Finance
Mail after recording to: Portions of document are illegible due to condition
McGuireWoods LLP of original.
201 North Tryon Street,Suite 3000 G Document contains seals verified by original
Charlotte,NC 28202 Attn:Mayleng S.Watson instrument that cannot be reproduced or copied.
AMENDMENT TO
DECLARATION OF RESTRICTIVE COVENANTS
(STORMWATER)
THIS AMENDMENT TO DECLARATION OF RESTRICTIVE
COVENANTS (this "Amendment") is made as of the �� day of beGemt ev- ,
2017, by MDI MANAGEMENT, LLC, a North Carolina limited liability company,
successor by conversion to MDI Management,Inc.("MDn.
WITNESSETH THAT:
WHEREAS,MDI is the owner of those certain parcels of real property described
in Exhibit A attached hereto(collectively,the"Parcels"and individually,a"Parcel");
WHEREAS, MDI conveyed to BEMC that certain parcel of real property
described in Exhibit B attached hereto (the`BEMC Property"), by that North Carolina
Warranty Deed dated January 6, 2010, and recorded January 7, 2010, in Book 3009 at
Page 1092 of the Brunswick County Registry;
WHEREAS,MDI and BEMC entered into that certain Declaration of Restrictive
Covenants dated January 7,2010,and recorded in Book 3030,Page 694 in Office of the
Register of Deeds for Brunswick County, North Carolina(the "Original Declaration",
and as amended hereby,the"Declaration"),to set forth restrictions required pursuant to
the then-current Stormwater Management Permit(as defined below) with respect to the
BEMC Property(referred to in the Original Declaration as "Parcel II")and Outparcels
9A and 9B as described in Exhibit A attached hereto (referred to in the Original
Declaration as"Parcel P');
950057273
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pEC 2 a �

IIIIIIIIIIIII III IIIIII IIIII III Ilil111 Bren a M. Clemons 59 000
PROP
Brunswick County, NC Register of Deeds page 2 of S
WHEREAS, the Stormwater Management Permit was revised and re-issued on
June 30,2016;
WHEREAS, in connection with the revision of the Permit and the continuing
development of the Parcels, MDI desires to amend the Original Declaration as provided
herein;and
WHEREAS,pursuant to Section 2 of the Original Declaration,amendments to the
Declaration which do not impact any of the provisions with respect to Parcel II(i.e.,the
BEMC Property) may be executed by MDI unilaterally, and BEMC is not a necessary
party thereto.
NOW,THEREFORE,in consideration of the recitals and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, MDI
hereby agrees as follows:
1. Recitals and Amendment.The recitals set forth above are incorporated herein by
reference. To the extent of any consistency between the terms and conditions of the
Original Declaration and the terms and conditions of this Amendment, the terms and
conditions of this Amendment shall govern and control. Except as amended hereby,the
Original Declaration shall remain in full force and effect.
2. Plat.As used herein,the term"Plat"shall mean that certain plat titled"Final Plat
of Two Eleven Midway Shopping Center"recorded in Map Book 94,Pages 82-83 in the
Brunswick County Public Registry.
3. Stormwater Manayement Covenants. The following covenants are intended to
ensure ongoing compliance with North Carolina State Stormwater Management Permit
Number SW8 070935 (the "Stormwater Management Permit"), as issued by the North
Carolina Division of Energy, Mineral and Land Resources (the "Division") under 15A
NCAC 2H.1000 and the following shall be applicable to each Parcel as set forth below:
a. The State of North Carolina is made a beneficiary of the Declaration to the
extent necessary to maintain compliance with the Stormwater
Management Permit.
b. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
c. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the Division.
d. Alteration of the drainage as shown on the approved plan may not take
place without the concurrence of the Division.
e. The maximum built-upon area for each of the Parcels shown on the
approved plan is as follows:
i
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NIIIIIIIIIIiIIlII111IIIIlIUIIIIINI g39s8 F�ssS ;ms 59'PRo Brunswick County, NC Register of Deeds page 3 of a
i. Outparcel 1 (as shown on the Plat):39,548 square feet
ii. Outparcel 2A(as shown on the Plat):28,474 square feet
iii. Outparcel 2B(as shown on the Plat):39,548 square feet
iv. Outparcel 3 (as shown on the Plat):59,717 square feet
v. Outparcel 4(as shown on the Plat):79,492 square feet
vi. Outparcel 5A(as shown on the Plat):23,280 square feet
vii. Outparcel 5B(as shown on the Plat):50,226 square feet
viii. Outparcel 6(as shown on the Plat):55,367 square feet
ix. Outparcel 7(as shown on the Plat):57,345 square feet
x. Outparcel 8A(as shown on the Plat):45,084 square feet
xi. Outparcel 8B(as shown on the Plat):67,232 square feet
xii. Outparcel 9A(as shown on the Plat):35,593 square feet
xiii. Outparcel 9B(as shown on the Plat):51,413 square feet
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.
f. Lots within the North Carolina Coastal Area Management Act("CAMA")
Area of Environmental Concern may be subject to a reduction in their
allowable built-upon area due to CAMA regulations.
g. The runoff from all built-upon area within the Parcels must be directed
into the permitted stormwater control system.
h. Built-upon area in excess of the permitted amount will require a permit
modification.
j i. The connection from each Parcel's collection system into the stormwater
control shall be made such that short-circuiting of the system does not
occur.
J. Any individual or entity found to be in noncompliance with the provisions
of a stormwater management permit or the requirements of 15A NCAC
2H.1000 is subject to enforcement procedures as set forth in G.S. 143,
Article 21.
4. Future Development: Amendment to Declaration_ . The Declaration may only be
amended by a written agreement (each, a `BUA Amendment") recorded in the
Brunswick County Public Registry and executed by the owner(s)of the Parcel(s)whose
built-upon area is the subject of such amendment(each,an"Amending Party"),provided
that any such amendment complies with the terms of the Stormwater Management Permit
or is otherwise authorized by the Division. For the avoidance of doubt, MDI
acknowledges and agrees that it shall not be necessary for any party other than the
9500572T 3

2-19-2017
IIIIIIIIIIIIIIIIIIIIIililllllllll Ilil B3ssa �sslem ors 59 PROP
Brunswick County, NC Register of Deeds page 4 of S
applicable Amending Party to consent to or to be a party to the execution or recordation
of any BUA Amendment.For those Parcels(as shown on the Plat and as described in the
Stormwater Management Permit) whose ownership is not retained by MDI, the new
owner shall submit a separate offsite stormwater management permit application to the
Division and receive a permit prior to any construction on the lot.
5. Termination.Unless otherwise cancelled or terminated,the Declaration and all the j
easements, rights and obligations created thereby shall continue until the owners of the 11
Parcels and the BEMC Property or their successors in title or assigns agree in writing to
terminate the Declaration,and,as required therein,approval of the Division is obtained.
6. Covenants to Run With Land. The reservations and covenants contained in the
Declaration are not personal,but are appurtenant to and shall run with the land benefited
thereby and will be binding upon and inure to the benefit of MDI and its successors in
interest and assigns.
7. Governing Law; Severability. The laws of the State of North Carolina shall
govern the interpretation, validity, performance and enforcement of the Declaration. If
any provision of the Declaration shall be held to be invalid or unenforceable,the validity
and enforceability of the remaining provisions hereof shall not be affected thereby.
[Signature pages follow]
95005727_3
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11111111111111IIIIIIIIIIIII III II Jill B399a W7 32-19-2017
z5°59.0R0 P
Brunswick Courtly, Nc Register of Deeds page 5 of a
IN WITNESS WHEREOF,MDI has caused this Amendment to be executed by authority
duly given,effective as of the day and year first above written.
MDI:
MIDI MANAGEMENT,LLC,
a North Carolina limited liability company
By: �
Name .Sv k, .�
Its: Sara
STATE OF NORTH CAROLINA
COUNTY OF a,4c Ae-
I certify that the following person personally appeared before me this day,
acknowledging to me that he or she signed the foregoing document:
Date: 2017 X, Notary Public
L- P-vtV
(Print or Type Name of Notary Public)
(affix Official Seal) My commission expires: 9-cP�2-a2QA-2
NOTARY
pUBLIC =
I
95005727 3

IIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIII B3998 P0ss8 a�5 59 000
Brunswick County, NC Register of Deeds PROP
page B of a
EXHIBTT A
Description of Parcels
Lying and being in Brunswick County, North Carolina, and being more particularly
described as follows:
BEING all of that parcel of land consisting of approximately 1.01 acres and shown as
Outparcel 1 on that certain plat titled "Final Plat of Two 1sleven Midway Shopping
Center" recorded in Map Book 94, Pages 82-83 in the Brunswick County Public
Registry.
BEING all of that parcel of land consisting of approximately 0.72 acres and shown as
Outparcel 2A on that certain plat titled "Final Plat of Two Eleven Midway Shopping
Center" recorded in Map Book 94, Pages 82-83 in the Brunswick County Public
Registry.
BEING all of that parcel of land consisting of approximately 1.00 acres and shown as
Outparcel 2B on that certain plat titled "Final Plat of Two Eleven Midway Shopping
Center" recorded in Map Book 94, Pages 82-83 in the Brunswick County Public
Registry.
BEING all of that parcel of land consisting of approximately 1.51 acres and shown as
Outparcel 3 on that certain plat titled "Final Plat of Two Eleven Midway Shopping
Center" recorded in Map Book 94, Pages 82-83 in the Brunswick County Public
Registry.
BEING all of that parcel of land consisting of approximately 2.01 acres and shown as
Outparcel 4 on that certain plat titled "Final Plat of Two Eleven Midway Shopping
Center" recorded in Map Book 94, Pages 82-83 in the Brunswick County Public
Registry.
BEING all of that parcel of land consisting of approximately 0.94 acres and shown as
Outparcel 5A on that certain plat titled "Final Plat of Two Eleven Midway Shopping
Center" recorded in Map Book 94, Pages 82-83 in the Brunswick County Public
Registry.
BEING all of that parcel of land consisting of approximately 1,27 acres and shown as
Outparcel 5B on that certain plat titled "Final Plat of Two Eleven Midway Shopping
Center" recorded in Map Book 94, Pages 82-83 in the Brunswick County Public
Registry.
BEING all of that parcel of land consisting of approximately 1.40 acres and shown as
Outparcel 6 on that certain plat titled "Final Plat of Two Eleven Midway Shopping
Center" recorded in Map Book 94, Pages 82-83 in the Brunswick County Public
Registry.
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�j 12-1s- 7
III I I IIII II II III I IIII I I III Ill I III lIl Isl PUsss mmc�59'PROP
Brunswick County, NC Register of Deeds page 7 of 8
BEING all of that parcel of land consisting of approximately 1.45 acres and shown as
Outparcel 7 on that certain plat titled "Final Plat of Two Eleven Midway Shopping
Center" recorded in Map Book 94, Pages 82-83 in the Brunswick County Public
Registry.
BEING all of that parcel of land consisting of approximately 1.14 acres and shown as
Outparcel 8A on that certain plat titled "Final Plat of Two Eleven Midway Shopping
Center" recorded in Map Book 94, Pages 82-83 in the Brunswick County Public
Registry.
i
BEING all of that parcel of land consisting of approximately 1.71 acres and shown as
Outparcel 8B on that certain plat titled "Final Plat of Two Eleven Midway Shopping
I Center" recorded in Map Book 94, Pages 82-83 in the Brunswick County Public
j Registry.
BEING all of that parcel of land consisting of approximately 0.91 acres and shown as
Outparcel 9A on that certain plat titled "Final Plat of Two Eleven Midway Shopping
Center" recorded in Map Book 94, Pages 82-83 in the Brunswick County Public
Registry.
BEING all of that parcel of land consisting of approximately 1.30 acres and shown as
Outparcel 9B on that certain plat titled "Final Plat of Two Eleven Midway Shopping
Center" recorded .. Map Book 94, Pages 82-83 in the Brunswick County Public
Registry.
I
I
i
950057273

IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Base P�s10m;ots 59 RoP
Brunswick County, NC Register of Deeds page 8 of 8
EXHIBIT B
Description of BEMC Property
ALL THAT certain piece or parcel of land known commonly as "NEW TRACT 1"
containing 2.423 ± AC. as shown on that certain subdivision plat dated April 1, 2009
entitled"TWO ELEVEN—MIDWAY,NEW TRACTS 1,2,&3 LOCKWOOD FOLLY �
TOWNSHIP, BRUNSWICK COUNTY, NORTH CAROLINA, RECOMBINATION
PLAT"prepared by Withers &Ravenel and recorded December 18, 2009 in Map Book
63 at Page 38 in the Clerk's Office of the Office of Register of Deeds for the County of
Brunswick,North Carolina.
BEING THE SAME PROEPRTY MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEING all of that parcel of land consisting of approximately 2.43 acres and shown as
I Outparcel 10 (Brunswick Electric Membership Corporation Substation) on that certain
plat titled"Final Plat of Two Eleven Midway Shopping Center"recorded in Map Book
94,Pages 82-83 in the Brunswick County Public Registry.
95005727 3