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HomeMy WebLinkAboutSW6120306_HISTORICAL FILE_20120412STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW&An��D� DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE DOC DATE YYYYMMDD CALL SIGN E N G I N E E R S Date: April 11, 2012 To: Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit From: C. Heath Wadsworth, PE Call Sign Engineers, PA Subject: Request for Additional Information Stormwater Project No. SW6120306 Dollar General Store - Buffalo Lake Road Harnett County, NC PIease find attached 2 full-sized sets of signed, sealed, and dated plans for the Dollar General Store - Buffalo Lake Road Project. 104 GILLESPIE STREET 1 FAYETTEVILLE I NORTH CAROLINA. 1 28301 1 910.486,0700 1 CALLSIGNENGINEERS.COM 9[vvit[ Oi a�s�[0 V[TE N•k 0—K05-11 5I16—S. Patterson, Robert From: Patterson, Robert Sent: Wednesday, April 11, 2012 7:13 AM To: 'Heath Wadsworth' cc: Lawyer, Mike; brian@rhetsoncompanies.com Subject: SW6120306 - Dollar General Store - Buffalo Lake Road - Additional Information Request Tracking: Reclpieni Delivery 'Heath Wadsworth' Lawyer, Mike Delivered, 4r1 /2012 7:13 AM brian@rhelsoncompanies com Heath, The additional info. we received April 10, 2012 looks good. I did notice however that none of the plans (original submission & add. info.) were sealed. All plans must be sealed, signed, and dated. Please provide 2 copies by April 30, 2012. Let me know if you have any questions. Thanks. Robert D. Patterson, PE El;nvirunnwrital Engineer NCDENR I DWQ I Swrrnwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 Nlail 1 512 N. Salisbury St, 9=1, floor, Raleigh, NC 27604 Imcation &, Ilip c0x: (919) 807-6375 Phone 1 1919j 807-6494 Fax 1 Robert. Pattersonnncdenr.gov t;m.lii I http://portal.ncdenr.org/web/wg/ws/su Wt;bsite bA Before printing this email, please consider your budget and the environment. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. Date: April 5, 2012 To: Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit CALL SIGN E N G I N E E R S DO APR 2012 DENR • WATER QUt1LIn From: C. Heath Wadsworth, PE Call Sign Engineers, PA Subject: Request for Additional Information Stormwater Project No. SW6120306 Dollar General Store - Buffalo Lake Road Harnett County, NC Response to Comments Shown in Blue Comment 1: Please delineate on the plans the drainage area to the proposed infiltration basin. Response: See the attached drawing no. CG-01, the delineated drainage area to the proposed infiltration basin is shown. The drainage area is also shown the on Post - Development Map in the Stormwater Report that was included in the original submittal. Comment 2: The borings to determine the SHWT elevation were done around the forebay, but not within the footprint of the proposed infiltration basin. Please provide a SHWT determination from within the footprint of the basin. Response: A new soils investigation was done by Southeastern Soil & Environmental Associates, Inc. on April 2, 2012. A new boring was done within the footprint of the basin, it is designated as Boring 1; the new soils report is attached. The new boring locations have also been shown on CG-01. The SHWT was located within the footprint of the basin, the SHWT has been revised on the attached drawing CG-01.. Comment 3: Estimated infiltration rates based on soil types are not acceptable. An on - site infiltration test must be performed within the footprint of the proposed basin to determine the infiltration rate at the proposed basin bottom elevation. Response: An on -site infiltration test was performed within the footprint of the proposed basin; the results are shown in the attached soils report dated April 3, 2012. The infiltration rate determined in the new boring within the footprint is higher than the rate used in the original submittal; the depth to SHWT is also greater than what was shown in the original submittal. However, the calculations have not been changed, since it is estimated that the higher rates and greater depth to SHWT will actually improve the performance of the infiltration basin. I04 GILLESPIE STREET I FAYETTEVILLE 1 NORTH CAROLINA 1 213301 1 910.400.0700 1 CALLSIGNENGINCCR5.COM Srw�•crn•5�ey ra Yr�ra�Hdw.�rn 4w�ly RIIRIN rs• CALL SIGN E N G I N E E R 5 Comment 4: The large amount of pervious area behind the building that appears to drain to the basin is a potential concern. This could increase the risk of excess sediment and debris entering the basin and clogging it. Response: The area behind the building is on a 3:1 slope or flatter, and the proposed planting plan requires that the ground in this area will be covered with grass sod. Please see the planting plan sheet no. Ply 01 that was included with the original submittal. It is believed that the proposed ground cover of maintained grass sod will have minimum debris and/or sediment laden runoff. The roof and parking lot drainage systems are directed into the splitter box, therefore, trash and debris produced from the proposed development will be directed through the forebay before entering the infiltration basin. Attachments: - Revised Drawing CG-01 (04.05.2012) - New Soils Report (04.03.2012) 104 GILLESPIE STREET I FAYETTEVILLE I NORTH CAROLINA 1 2B3O1 i 91O.406.O7OO 1 CALLSIGNENGiNEERS.COM i mice n -. p Y....... 0.f..0 q.—, n"- , Stvl�12.o304 Southeastern Soil & Environmental Associates, Inc. P.O. Box 9321 Fayetteville, NC 28311 Phone/Fax (910) 822-4540 Email mike@southeasternsoll.com April 3, 2012 Mr. Heath Wadsworth, PE Call Sign Engineers 104 Gillespie Street Fayetteville, NC 28301 Re: Hydraulic conductivity (permeability) analysis & seasonal water table determination (SHWT) for stormwater retention area, Dollar General site, PIN 9587-65-6168.000, Buffalo Lake Road, Harnett County, North Carolina Dear Mr. Wadsworth, An evaluation of soil properties and hydraulic conductivity (Ksat) has been conducted at your request on the aforementioned property. The purpose of the investigation was to determine soil water table depths (SHWT) based on soil profiles. In addition, Ksat was to be provided at a depth 2.0 feet above the SHWT elevation for use with stormwater retention basin design. Saturated hydraulic conductivity of the unsaturated zone was measured in a similar method as described in the Soil Science Society of America Journal, Vol. 53, no 5, Sept. Oct. 1989, "A Constant Permeameter for Measuring Saturated Hydraulic Conductivity of the Vadose Zone" and Comparison of the Glover Solution with the Simultaneous Equations Approach for Measuring Hydraulic Conductivity." This consists of advancing a small diameter bore hole to a predetermined depth (typically 2 feet above SHWT). At this depth, a constant head (pressure) was established and maintained. Flow measurements were made at timed intervals after flow stabilized. Soils at the proposed basin site are most similar to the Fuquay (boring 1) and Dothan (boring 2) soil series (see attached boring logs). Two borings were advanced to 8.00 feet. Seasonal High Water Table (SHWT) as determined by evidence of colors of chroma 2 or less (and/or concentrations of high redox mottles) was encountered at a depth of 58 inches below the ground surface (boring 1) and 38 inches (boring 2). SOIUSITE EVALUATION • SOIL PHYSICAL ANALYSIS • LAND USE/SUBDIVISION PLANNING GROUNDWATER DRAINAGE/MOUNDING • SURFACE/SUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION 8 DESIGN Two compact constant head permeameter (CCfIP) tests were conducted at a depth of 2.83 (boring 1) and 1.17 (boring 2) feet below the ground surface. The measured Ksat rate in boring 1 was 13.19 cm/hr (equivalent to 5.19 inches/hour). The measured Ksat rate in boring 2 was 29.30 cmlhr (equivalent to 11.54 inches/hour). The attached map shows locations of the sample points as well as Ksat locations. It should be noted that the reported SHWT does not necessarily reflect the elevation of static groundwater (due to variations in groundwater recharge rates, annual rainfall, drought conditions, etc.). The data presented in this report are limited by a number of considerations. The primary consideration is that soil formations can be highly variable. The soils found on this site can be subject to inclusions of other soil types, perched water, artesian conditions and/or layers of undulating low permeability clay seams. These and other soil conditions can have an affect on the steady state of groundwater flow. To the extent possible, we have identified the soil types that will impact the flow of groundwater, and have provided a professional opinion as to the depth ofSHWT. I trust this is the information you require at this time. Sincerely, lkl,& ': � �e — — Mike Laker NC Licensed Soil Scientist 41030 teo hJRiH G S ieasternSoil-& Environ-mental_AssociateE P.O. Box 9321 FRVRttRVIIIR Nr 9R'111 00 Soil Boring/Ksat Location (Dollar General) Buffalo Lake Road, Harnett County, NC US State Plane 1983 Scale 1:2,000 DG-BUFF.SSF North Carolina 3200 NAD 1983 (Cones) N 0 250.0 4I312012 :. GPS PathfindereOffice I1,�-rtiA-rir� ®NLr US Survey Feet 4't'Trimble. ice SOIUSITE EVALUATION • SOIL PHYSICAL ANALYSIS • LAND USEISUBDIVISION PLANNING GROUNDWATER DRAINAGE/MOUNDING • SURFACEISUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION & DESIGN Southeastern Soil & Environmental Associates, Inc. P.O. Box 9321 Fayetteville, NC 28311 Phone/Fax (910) 822-4540 Email mike 0 southeastemsoil.com Measured Ksat Rates, Dollar General Site, Buffalo Lake Road, Harnett County, NC Ksat Ksat Location Depth in cm/hr inthr 34 13.19 5.19 2 14 29.30 11.54 SOILISITE EVALUATION • SOIL PHYSICAL ANALYSIS • LAND USE/SUBDIVISION PLANNING GROUNDWATER DRAINAGE/MOUNDING • SURFACE/SUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION & DESIGN Southeastern Soil & Environmental Associates, Inc. P.O. Box 9321 Fayetteville, NC 28311 Phone/Fax (910) 822-4540 Email mike® southeastemsoil.com Profile Description (Boring 1), Dollar General Site, Buffalo Lake Road, Harnett County, NC This map unit consists of well drained, slowly permeable soil that formed in loamy sediment on uplands. Slopes range from 2 to 4 percent. A - 0 to 12 inches; olive brown (2.5Y 4/3) loamy sand; weak fine granular structure; very friable; common fine and few medium roots; abrupt smooth boundary. E - 12 to 38 inches; light yellowish brown (I OYR 6/4) loamy sand; weak fine granular structure; very friable; common fine and few medium roots; abrupt smooth boundary. BtI - 38 to 58 inches; yellowish brown (I OYR 5/6) sandy clay loam; moderate medium subangular blocky structure; friable; few patchy clay films on ped faces; clear wavy boundary. Bt2 - 58 to 73 inches; yellowish brown (I OYR 5/8) sandy clay loam; many prominent strong brown (7.5YR 5/8) and common, distinct light gray (1 OYR 7/2) mottles; moderate medium subangular blocky structure; firm; slightly sticky, slightly plastic; gradual smooth boundary. Btv I - 73 to 96 inches; yellowish brown (I OYR 5/8), yellowish red (5YR 5/8) and light gray (I OYR 7/2) sandy clay loam; weak, coarse subangular and angular blocky structure; very firm; about 10 percent plinthite and 15 percent yellowish red brittle bodies. SHWT @ 58 inches (I OYR 7/2) SOIUSITE EVALUATION • SOIL PHYSICAL ANALYSIS • LAND USEISUBDIVISION PLANNING GROUNDWATER DRAINAGE/MOUNDING • SURFACE/SUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION & DESIGN Southeastern Soil & Environmental Associates, Inc. P.O. Box 9321 Fayetteville, NC 28311 Phone/Fax (910) 822-4540 Email mike 0southeastemsoil.com Profile Description (Boring 2), Dollar General Site, Buffalo Lake Road, Harnett County, NC This map unit consists of well drained, slowly permeable soil that formed in loamy Coastal Plain sediment on uplands. Slopes range from 2 to 4 percent. A - 0 to 6 inches; brown (1 OYR 5/3) loamy sand; weak fine granular structure; very friable; common fine and few medium roots; abrupt smooth boundary. E - 6 to 29 inches; light yellowish brown (I OYR 6/4) loamy sand; weak fine granular structure; very friable; common fine and few medium roots; abrupt smooth boundary. Btl - 29 to 38 inches; yellowish brown (I OYR 5/6) sandy clay loam; moderate medium subangular blocky structure; friable; slightly sticky; few patchy clay films on ped faces; clear smooth boundary. Bt2 - 38 to 52 inches; yellowish brown (I OYR 5/8) sandy clay loam; many prominent yellowish red (5YR 5/8) and common, distinct light gray (I OYR 7/1) mottles; weak medium subangular blocky structure; firm; slightly sticky, slightly plastic; gradual smooth boundary. Btvl - 52 to 96 inches; brownish yellow (10YR 6/6), yellowish red (5YR 5/8) and light gray (10YR 7/1) sandy clay loam; weak, medium platy structure breaking to weak medium subangular blocky structure; very firm; about 20 percent plinthite. SHWT @ 38 inches (10YR 7/1) SOIUSITE EVALUATION • SOIL PHYSICAL ANALYSIS • LAND USE/SUBDIVISION PLANNING GROUNDWATER DRAINAGEIMOUNDING • SURFAMSUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION & DESIGN 0 FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT �1 EXPRESS PERMITTING OPTION 08012007 No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if the question is not applicable or the e-mail and/or fax information unavailable, place NIA=in the blank.) Part A. 1. Project Name Dollar General — Buffalo Lake Road near Barbecue NC R—FRO 2. Location of land -disturbing activity: County Harnett City or Township Barbecue z � zniz Highway/Street Buffalo Lake Road Latitude 35.3325 N Longitude 79.0453 W 3. Approximate date land -disturbing activity will commence: March 2012 0WO L>� 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Commercial 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 2 6. Amount of fee enclosed: $ 630.00 The Express Permitting application fee is a dual charge. The normal fee of $65,00 per acre is assessed without a ceiling amount. In addition, the Express Permitting supplement is $250.00 per acre up to eight acres, after which the Express Permitting supplemental fee is a fixed $2,000.00 (Example: 9 acres total is $2,585). NOTE: Both fees are rounded up to the next whole acre and need to be paid by separate checks to NCDENR. 7. Has an erosion and sediment control plan been filed? Yes No Enclosed X 8. Person to contact should erosion and sediment control issues arise during land -disturbing activity: Name Brian Clodfeller E-mail Address brian@rhetsoncom2anies.com Telephone 910.944.0881 Cell # Fax # 9. Landowner(s) of Record (attach accompanied page to list additional owners): See Attached Name Telephone Current Mailing Address Current Street Address City 10. Deed Book No. State Zip City State Fax Number Page No. Provide a copy of the most current deed. Zip Part B. 1. Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet). - Brian Clodfeller brian@rhetsoncompanies.com Name E-mail Address 2860-B NC 5 Highway „ Current Mailing Address Current Street Address Aberdeen NC 28315 City State Zip City State Zip Telephone 910.944.0881 Fax Number (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina Agent: k Name Current Mailing Address E-mail Address Current Street Address ,City:. - State Zip City State Zip Telephone Fax Number (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Name of Registered Agent Current Mailing Address City E-mail Address Current Street Address State Zip City Telephone Fax Number State Zip (c) In order to facilitate Express Permitting, it is necessary to be able to contact the Engineer or other consultant who can assist in providing any necessary information regarding the plan and its preparation: Call Sign Engineers. PA Engineering Firm or other consultant Jim Reed Individual contact person (type or print) jim.reed(cDcallsignengineers.com E-mail Address 910.486.0700 910.48U900 Telephone Fax Number The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney -in - fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there be any change in the information provided herein. Brian Clodfelter Type tint name Signature Developer Title or Authority Date I, lXborep)j 1 SCffXke , a Notary Public of the County of I1002E State of North Carolina, hereby certify that i'An fZ C�DFi��2 appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Witness my hand and notarial seRhAhig,+,r day b 0�PN .T Notary Publc F� Seal Moore County =My Cornmiss on Expires` f ,20 f 2- Notary My commission expires__�� 12I ry7 �� spy leP_-ruad 4" Application Completeness Review First Submittal ❑ Re-subm Development/Project Name: D Receiving stream name AR River Basin: C&ft,_ Yr.-Aae I Date Received: 3 z 1 z Date By Bill Diuguid Classification: C For past -construction requirements, a program will be deemed compliant for the areas where it is implementing any of the following programs: WS-I, WS-II, WS-III, WS-IV, HQW, ORW, Neuse River Basin NSW, Tar -Pamlico River Basin NSW, and the Randleman Lake Water Supply Watershed Nutrient Management Strateay. High Density Projects that require a 401/404 within an NSW require 85% TSS, 30% TN and 30% TP removal. T&E Species (Goose Creek, Waxhaw Creek or Six Mile Creek Water Sheds):, Latitude and Longitude / 1 52-5 Dz 2. Or Jurisdi tion llogrwg / s,.W 4",z�o Project Address: 6 Su f€g/o L.aX96 Engineer name and firm: C . P. s -ee __r Phone: _9tO - _ $6—mjo0 Email: Is the project confirmed to be in the State MSI Stormwater Permit jurisdiction? 0-Yelg or n No ❑ Low Density (no curb and gutter) ❑ Low Density with curb and gutter outlets ®'High Density ❑ Other �f k-cr�301/404 im act to surface waters, wetlands, and buffers (add language to cover letter and/or add info letter) r&" BUA V Check for $505.00 included Original signature (not photocopy) on application Cw' Legal signature (Corporation-VP/higher, Partnership -General Partner/higher, LLC-member/manager, Agent). Check spelling, capitalization, punctuation: http://www.secretary.state.nc.us/corporations/thepage,aspx If an agent signs the application, a signed letter of authorization from the applicant must be provided which includes the name, title, mailing address and phone number of the person signing the letter. ❑ r subdivided projects, a signed and notarized deed restriction statement aK Sealed, signed & dated calculations V Correct supplement and O&M provided for each BMP on site (check all that were provided & number of each) ❑ Bioretention ❑ Dry Detention Basin ❑ Filter Strip ❑ Grass Swale W" Infiltration Basin ❑ Infiltration Trench ❑ Level Spreader ❑ Permeable Pavement ❑ restored Riparian Buffer ❑ Rooftop Runoff Management ❑ Sand Filter ❑ Stormwater Wetland ❑ Wet Detention Basin ❑ Low Density ❑ Curb Outlet ❑ Off -Site ❑ NCDOT Linear Road !XT,wo sets of sealed, signed & dated layout & finish grading plans with appropriate details arrative Description of stormwater management provided oils report provided Wetlands delineated or a note on the plans or in the accompanying documents that none exist on site and/or ,adjacent property g6 tGill, iIs for the roads, parking area, cul-de-sac radii, sidewalk widths, curb and gutter; ■/ e'nsions & slopes provided �rainage areas delineated ❑ Pervious and impervious reported for each ❑ Areas of high density EMP coeration and maintenance agreements provided Application complete ❑ Application incomplete Returned: ;Date) Comments May 5, 2011 Revision, Bill Diugwd NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. C. Heath Wadsworth, PE Call Sign Engineers, PA 104 Gillespie St. Fayetteville, NC 28301 Dear Mr. Wadsworth: Division of Water Quality Charles Wakld, P.F. Director March 28, 2012 Dee Freeman Secretary Subject: Request for Additional Information Stormwater Project No. SW6120306 Dollar General Store -- Buffalo Lake Road Harnett County The Division of Water Quality Central Office received a Stormwater Management Permit Application for the subject project on March 26, 2012. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the Stormwater review: 1. Please delineate on the plans the drainage area to the proposed infiltration basin. 2. The borings to determine the SHWT elevation were done around the forebay, but not within the footprint of the proposed infiltration basin. Please provide a SHWT determination from within the footprint of the basin. 3. Estimated infiltration rates based on soil types are not acceptable. An on -site infiltration test must be performed within the footprint of the proposed basin to determine the infiltration rate at the proposed basin bottom elevation. 4. The large amount of pervious area behind the building that appears to drain to the basin is a potential concern. This could increase the risk of excess sediment and debris entering the basin and clogging it. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to April 28, 2012, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Wetlands and Stormwater Branch 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 9IM07-63001 FAX: 919$07-6494 Internet: www.ncwatergiiaflty.org An Equal Opportunity 1 Affirmative Action Employer One NorthCarolina NahmallY Mr. C. Heath Wadsworth, PE SW6120306 -Dollar General Store -Buffalo Lake Rd. I March 28, 2012 , All revised original signed documents must be returned or new originals must be provided. Copies are not acceptable. Any revised calculations or plans must be sealed, signed, and dated; and have a revision date shown. Please reference the State assigned project number SW6120306 on all correspondence. If you have any questions concerning this matter please feel free to call me at (919) 807-63751. or at robert.patterson@ncdenr.aov. Sincerely, Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: SW6120306 File ec: Brian Clodfelter- Par 5 Development Group, L.L.C. Mike Lawyer - Fayetteville Regional Office Page 2 of 2 CALL SIGN E N G I N E E R S Date: March 23, 2012 Re: Stormwater Management Permit Package Contents Dollar General Store - Buffalo Lake Road Harnett County, NC Comments: The proposed site is a combination of 2 different parcels. The first parcel owned by Jones is an individual parcel. The second is a subdivided piece of a larger parcel owned by JEDA, LLC. Since there are 2 different owners involved, there are 2 different SWU Permit Applications in this package. Package Contents: 1. Preliminary Survey Drawing that shows parcel combination 2. Documentation showing the Corporation of Par 5 Development Group, LLC 3. Check for $505 4. Original - SWU401 Permit Application Form for JEDA, LLC Subdivided Parcel 5. Copy — SWU-101 Permit Application Form for JEDA, LLC Subdivided Parcel 6. Original Deed of JEDA, LLC property 7. Offer to Purchase JEDA, LLC property by Par 5 Development Group 8. Original — SWU-101 Permit Application Form for Jones Parcel 9. Copy — SWU-101 Permit Application Form for Jones Parcel 10. Required Items Checklist 11. Signed and Executed O&M Agreement 12. Stormwater Management Plan and Computations (Contains Supplemental Forms, supporting calculations, soils report, etc.) 13. 2 sets of full-sized sets of construction drawings If you need additional information, or have any questions, please contact me (heath.wadsworth@callsignengineers.com 910-486-0700) Thanks, �� MA R zo,z C. Heath Wadsworth, PE, LEED APM� $04 GILLESPIE STREET I FAYETTEVILLE I NORTH CAROLINA 1 28301 1 910.4R6.0700 1 CALLSICNENCINEERS.COM 1 6 E nr�CF-��SR9 CEO YEiE RRnOwn f o SH u� � V 61N [�9 CALL SIGN E N G I N E E R S March 23, 2012 NCDENR, Division of Water Quality Attn: Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Dollar General Store — Buffalo Lake Road Harnett County, NC Dear Sirs: Attached is information pertaining to an application for a Stormwater Management Permit for the above referenced project. Attached to this package is a list of items that are included in the package. Should you have any questions or require additional information, please do not hesitate to contact either me at 910.486,0700. Sincerely, CALL SIGN ENGINEERS G -I le. Z C. Heath Wadsworth, PE, LEED AP 446zo? L 104 GILLESPIE STREET I FAYETTEVILLE I NORTH CAROLINA 1 28301 1 910,486,0700 1 CALLSIGNENGINEERS.COM %EIVICE-DISIeLco VETKNIN 0-9D SILL 9u51rv"S North Carolina Secretary of State Page I of I North Carolina Elaine F Marshall DEPARTMENT OFT E Secretary SECRETARY o>* STATE Po Box 20622 Raleigh. NC 2762"622 (939)607-ZWO Date: 2/22/2012 Click here to: View Document Flings I Sign Up for E-Notifications I I; Pre -populated Annual Report Fillable PDF Form I File an Annual Report I Corporation Names Name Name Type NC PAR 5 DEVELOPMENT GROUP, LEGAL LL-C. Limited Liability Company Information SOSID: 1043159 Status: Current -Active Effective Date: 5113/20DB Annual Report Due Date: Citizenship: DOMESTIC State of Inc.: NC Duration: 12/31/2058 Annual Report Status: CURRENT Registered Agent Agent Name: CLODFELTER, BRIAN R. Office Address: 2860-B NC HWY 5 ABERDEEN NC 28315 Mailing Address: 2860-8 NC HWY 5 ABERDEEN NC 28315 Principal Office Office Address: 2860-B NC HWY 5 ABERDEEN NC 28315 Mailing Address: Officers Title: Name: Business Address: Title: Name: Business Address: 2860-B NC HWY 5 ABERDEEN NC 28315 MANAGER BRIAN R CLODFELTER 136 BARNES PT. WEST END NC 27376 MANAGER RUDY L PITTMAN 15 OAKMONT CIRCLE PINEHURST NC 28374 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 2194 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=8808107 2/22/2012 7 r Permit No. (to be provided by DWQJ III. REQUIRED ITEMS CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No. ,,jg�)4 IV 4- G U 1. Plans (1" - 50' or larger) of the entire site showing: C ,f Design at ultimate build -out, - Off -site drainage (if applicable), Delineated drainage basins (include Rational C coefficient per basin), - Basin dimensions, Pretreatment system, High flow bypass system, Maintenance access, Proposed drainage easement and public right of way (ROW), Overflow device, and Boundaries of drainage easement. -� 2. Partial plan (1" = 30' or larger) and details for the infiltration basin showing: Bypass structure, - Maintenance access, Basin bottom dimensions, Basin cross-section with benchmark for sediment cleanout, Flow distribution detail for inflow, Vegetated filter, and Pretreatment device. �IaW Lr 3. Section view of the infiltration basin (1" = 20' or larger) showing: Pretreatment and treatment areas, and Inlet and outlet structures. 1 * 4" 0 t �?A 4. A table of elevations, areas, incremental volumes & accumulated volumes to verify the volume provided. Z)*4" PoNBPFwk. ovyfjT IN !$-WmP j Pa. 14 of 31 L S oJLS 5. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. The F—rT IN results of the soils report must be verified in the field by DWQ, by completing & submitting the soils �w Mif investigation request form. County soil maps are not an acceptable source of soils information. 6. A construction sequence that shows how the infittration basin will be protected from sediment until the entire drainage area is stabilized.3* S f y_ Gels ST. 5-0, AT $oTTVin of 5-Hr. ZYdL 14 7. The supporting calculations. q* 1 N S W#"P Nii�K"A'P 1VE 4 Qo"p pA-t,4, �f6p 8. A copy of the signed and notarized operation and maintenance (00) agreement. 9. A copy of the deed restrictions (if required). Form SW401-Infiltration Basin-Rev.4 Page 1 of 1 Part III. Required Items Checklist, Page 1 of 1 I- N. C. tjWY. 27 ,..[ .,Rae,.., . Ji..,a,.rr.. '� .• �- Y- wa....r . I mx I. m ,w" u., r wl Iwly , r AIN ■�' �i �0.' 1�'"lf � m'�•pnpEp.�}�11,�4' wt r'��["h�wy�a �Idpr" 1 ® � �a {,�M1M'aY11 Ia1. Xal� '"�RIImOD I W'xYQ I,aba71 MLMn Im[Rll L1 4 � w, + dw K III r � a,e elx r------------------------------M. 4 4 I +1 1 IN 1 pvII: I ii + r f 17------------ _ o I� �r -- - waEn xum .mmr s oov. i � LIR a�i[q �,xsT Il: xd,R[.M wO IIN ,a.,..F[ mltMn 1"�(' ' I,RL! L ¢1',Ua„W a W� p l [•m q YW d R.rl PRELIMINARY DRAWING .om.ar-,•Xa RR wv.rvr..e I �� rN07- FOR SALES, CONVEYANCES,w.-'R"" OR RECORDA70N. ,ml s msn •I[ I.al Rsmwra>t rwx,ax .�.r. ar ar - - -- ' r I - a ,rar omn r .,tea 11 / P'�Y'// '�jj///,` m"'.�`..`. �,isr+,pw"�ixi���Irf+�wtirii'.�,i n•.r --------------- 'Div, wI� w w iw»w,w .l�mliw.r, E '��"IIM ilnM ilrrll 4 xr Grw. l il, R.r• y w __-__ _ _-• rI +� . ... :I.r � «`�nl. nX:.~. ne :.;:.. «.. »�'Mrx'r• Rn'r"r r w �.:� :.. I""�.. 1x.r., ' rli � + I �� � �. rr .... �^'� ��. ��• we .w . �,.. r r A(,Tq/aL'�lt 1JNE1 Y1Yft 9��Y 1GA �, [.� „ ,„ • "- •�•� PAR S DEVELOPMENT UROUP ANn NATIONAL RENTAL PROPERTIES, IP A DELANARE LIUMED PARMEROHIP l,r it t.97 ACM?JYi' r"� .�• s�•��,••�'•� ]RDA, LLC PROPERTY 0.02 ACHE WILTON C. JONES PROPERTY 0.75 ACRE r r DARREM TOHNS=, HAANH7T COUNTY, - s,""Aw' s, iui am la mrl m..c NOR U CAIMUNA .ei'e��r`�.m Namurjk a. wtt = t--0o• r fiSf ND RPIMffUjrf r , rr , r ,� nrvam rvlR+r r, ase m R:,Iry omn+na r ; r� xfberl�, Offer to Purchase Real Estate THIS SALES CONTRACT, made this 10fh day of Octobe(,-201 1 by and between JEDA, LLQ, whose members are Pat Cameron and Hill Patten, hereinafter referred to as seller, whose address Is 12995 Hvwy.27 W , Broadway, NC 27505 and PAR 5 DEVELOPMENT CROUP, LLC, or assigns, whose address is 2860 NC 5 1-iw Aberdeen, NQ, herein after referred to as buyer. WITNESSETH WHEREAS, the Seller hereby agrees to sell and the buyer hereby agrees to buy the hereinafter -described real estate upon the terms and conditions set forth: NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties hereby agree as follows: Property The seller agrees to sell and the buyer agrees to buy the following described real estate, with improvements thereon and appurtenances thereunto pertaining, to -wit: Approximate y 6 •i - of the Igof2_Qgy..�jC.ertfy tltll.�cerit to the Wilton C Jones l?ro�orty as shown in exhlblt_A_and_B of_ti)is Offer to_purch.ase... Purchase Price The purchase price for the real estate Is SIXTY-FIVE THOUSAND DOLLARS which will be payable to the seller as follows: (a) No 0 earnest money deposit paid to the escrow agent at the sighing of this agreement, and, (b) The balance of the purchaso price to be paid as follows - $2,000,00 (non- refundable) upon the favorable rezoning of Mr. Jones properly and the remaining at closing. Closing date, Possession pate and Pr'oration's The closing of this Contract ("closing") shall be held at the offices of Rob -bins. May and Rich of Pinehurst, NC on the 1 st stay o(,1 ram, 2012 (closing date). Should Buyer be prepared and wish to close prior to the above closing date, Buyer will notify Seller by certified mail and the Closing Date shall then be 10 days after the data of receipt of said notification. Earnest Money Deposit Buyer shall, upon seller's acceptance of the contract, make a deposit with as the "Escrow Agent" Robins, May and Rich of Plnehurst NC of Nod$ ("deposit") In the form of check which shall be acknowledged upon receipt. The Deposit shall be held in escrow by the escrow agent until settlement and then applied to the Purchase Price at closing. The doposit shall be returned to buyer if buyer terminates the contract due to reasons pertaining to and contained in the "Study Period" anti/or the "Contingency" sections of the contract. Study Period Buyer shall have one hundred fifty (150). days from the date of acceptance of this contract to determine through engineering, environmental, topographical and physical surveys, feasibility studies and audits; zoning and any other studies that the buyer deems necessary, to determine whether Buyer's plan of use and/or development for the Property Is feasible for the Buyer. In Ilia event that the Property Is not suitable to the Buyer in all regards, the Buyer may terminate this Contract during the Study Period and receive a full refund of the deposit, Whereupon neither party shall have any further liability to any other party to tills Contract. The Seller and the Buyer agree that the Buyer shall be allowed the right of entry on the property following the date of this contract for the purpose of conducting such physical surveys; environmental surveys and audits, Inspections; tests; borings; and the litre as the buyer may, in its discretion, deem appropriate. In the execution of the right of entry granted hereunder, the Buyer agrees that It shall not commit waste nor otherwise damage the property. The Buyer further indemnifles and saves harmless the Seller from and against any and all claims, liens, damages, losses and causes of action which may be asserted by the Buyer's employees, agents or any third party who enters upon the Property or conducts tests rolated to the Property at the request of or on the behalf of the Buyer or Its agents. If Buyer completes the study period and is prepared to close prior to the closing date set by the Contract, and so notifies the Seller, closing shall occur within ten (10) days after Buyer notifies Seller In writing. Contingencles This Contract Is contingent upon the following: The Property being zoned for buyer's Intended use of the real estate, which is a retail store. No Restrictions on the real estate prohibiting Buyer's aforesaid use of the real estate No existing easements, covenants, restrictions or rights In the real estate prohibiting or Interfering with Buyer's Intended use of the real estate. Engineering, topographical, environmental audits and surveys; soil studies and other stud ies/investlgations must be satisfactory to the Buyer at their sole discretion. Adequate water, sewer and electrical services for Buyer's intended use must be available to the real estate and economically feasible as determined by buyer and Buyer's tenant Virginia Department of Highways andlor the County in which Real estate Is located, requirements as to road improvements being satisfactory and economically feasible as determined by buyer and Buyer's tenant Approval of buyers Tenant of all of the terms of this contract Buyer may vold this contract If any one or more of the above contingencies and/or conditions set forth herein are not fulfilled to Buyer's satisfaction. If voided by Buyer due to the failure of any contingency or study result, all deposit money shall be returned to the buyer, Seller agrees to provide to buyer, at no cost, within live (5) days after Seller's acceptance of the conlract, any surveys; development informatlon; soil studies; environmental notices and studies; common area maintenance and other agreements effecting the property. Title At settlement, Seller shall convey to Buyer a good and marketable fee simple title to the properly by deed of general warranty containing English covenants of title, free of all liens, defects, tenancies, oncumbrarices and encroachments, except as otherwise indicated herein, and subject only to such restrictions and easements as shall then be of record which do not affect the use of the Property for Buyer's intended use or render the title unmarketable. It a defect is found which can be remedied by legal action within a reasonable time, Seller shall, at Seller's expense, promptly take such action as Is necessary to cure the defect. If Seller acting In good faith Is linable to have such defect corrected within thirty (30) days after notice of defect Is given to Seller, this contract maybe terminated by Buyer, at which time the deposit will be Immediately returned to Buyer. Buyer, at their sole discretion, may extend the date for settlement of defect to the extent necessary for Seller to comply with this paragraph. Seller agrees to pay the expense of preparing the deed, certificates of non - foreign status and Form 1099-S and the recordation tax applicable to grantors. Except as otherwise agreed herein, all other expenses Incurred by Buyer In connection with this purchase shall be borne by BEryer. S©ller agrees to convey the Property at Closing by General Warranty Deed, using the current survey to describe the property. Conveyance shall be subject to matters, which an accurate survey woEdcl show applicable to, or affecting the property, as long as those matters do not affect Buyer's intended Use, which is at the Buyer's sole and absolute discrelion. Warranties Seller warrants that seller Is the fee simple owner of the properly and has all necessary authority to sell the property. There are no other contracts for sale of options Involving the property, and no other party has any right, title or interest In the property. Seller warrants that there are no eminent domain or condemnation proceedings pending against the Property, and Seller has no knowledge of such proceedings or of any Intentions of plans definite or tentative that such proceedings might be instituted. Seller warrants that there are no actions or suits in law or equity: proceedings by any governmental agency now pending or threatened against Seller In connection with the property. In addition Seller warrants that there is no outstanding order, writ, injunction or decree of any court or governmental agency affecting the Property. Seller warrants that there has not been made and will not be made, without Buyer's consent, any offers or other commitments to any state, county, federal or local government, Property Owners' Assoclation, utility or service company, or any public or private organization or Individual relating to the property, which would impose any obligation on Buyer, or its assigns, after Settlement, to make any contributions of money or deductions of land, or to construct, Install or maintaln any improvements of a public or private mature on or off the Property. Seller warrants that; (1) none of the property has been excavated; (2) no hazardous materials, toxic chemicals or similar substances, as defined by 42 U.S.C. 1251 of seq., or 42 U.S.C. 9601 et seq., or 42 U.S.C. 6901, or 33 U.S.C. 1317 (1), or 15 U.S.C. 2606(f) or 49 U.S.C. 1801 of seq., or regulations adopted pursuant thereto, or any similar provision of any applicable state, federal or local law, are or were stored or used on or under or otherwise were or are In existence or were in any way dealt with on or Under the Proporly; and, (3) no owner or occupant of the Property has received any notice from any governmental or private agency with regard to Hazardous Materials. This paragraph shall survive closing and shall not merge with the Deed. Seller warrants that the Property is not subject to any restrictions under the Chesapeake Bay Preservations Act or any other water shed resirictfons. Seller warrants that Seller knows of no materially adverse fact affecting or threatening to affect the Properly, which has not been disclosed to Buyer In writing The representations and warranties of Seller set forth in this Agreement shall be true and correct on and as of the Closing Date. Notwithstanding that certain of Seller's Iv representations and warranties may be limited to the extent of actual knowledge by Seiler and/or Seller's agents of the facts stated therein, It shall be a condition precedent to Buyer's obligation to go to settlement that the facts stated In all such representations and warranties shall be correct as of the time of the closing. Property Condition and Risk of Loss Buyer accepts the Property in its present condition, with the exception of the following: prior to closing, Seller hereby agrees to remove from the property all oil drums, any underground storage tanks and any other hazardous substances, Including but not limited to, contarnlnated soil, in the Property, after first disclosing to Buyer the locations of such Items and affording the Buyer an Opportunity to Inspect the site and lest the soil in the area before removing the items, All risk of loss shall remain on the Seiler until the date of closing. If there is any material chango In the Property prior to closing, Duyor shall have the option of terminating tills Contract and having all deposits Immediately returned to It. Asslgnmen t Boyer may assign this Contract upon written notice to Seller, Hazardous Substances The Seiler has not received any notice and has no knowledge that the Property has ever been used by previous owners and/or occupants, and Seller has not used the Property to generate, manufacture, refine, transport, treat, store, handle or dispose of Hazardous Substances or other toxic materials, as defined by any environmental law of regulation, whether used In construction or stored on the Property, and Seller has not received a summons, citation, directive, letter of other communication, written or oral, from any governmental agency, federal, state or local, concerning any intentional or unintentional action or omission on Sellers' part which had resulted In the releasing, spliling, leaking, pumping, pouring, emitting, emptying or dumping of Hazardous Substances or toxic materials on the Property. Environmental Assessment and Vue Diligence Review The Buyer shall be entitled to conduct prior to Closing a due diligence review of the assets, properties, books and records of the Seller and an environmental assessment of the Property (hereinafter referred to as the "Environmental Assessment"), If the Environmental Assessment Identifies environmental conditions which require romediatlon, corrective action or further evaluation under the applicable environmental laws, or of the results of the Environmental Assessment or due diligence review are othorwiso not satisfactory to the Buyor in its solo discretion, then Buyer may terminate this Contract and Buyer shall receive a refund of the deposit. Buyer's failure or decision not to conduct any such Environmental Assessment small not affect any representation or warranty of the Seller under this Contract, Access to Seller's Fnvlronlrtental Consultants Seller shall disclose to Buyer's environmental consultants the identities of persons who, to Seller's knowledge, may have informatlon about whether the Property has at any time been used as a slte for tho use, generation, manufacture, storage, disposal, or transportation of any Hazardous Substances and shall authorize all such persons, and all environmental consultants, contractors, and engineers engaged by Seller, to make full diSCIOSure to Breyer with respect to the condition of the Property. Miscellaneous The parties to the Contract agree that It shall be binding upon them, and their respective personal representatives, successors and assigns; that unless amended in writing by Seller and Buyer, this Contract contains the final agreement between the parties hereto, and that they shall not be I)OUnd by any terms, conditions, oral statements, warranties or representations not herein contained; and that it shall be construed under the laws of the Commonwealth of Virginia, Severabrllt y If any provision of this Contract shall be held Invalid, the other provisions hereof shall not be effected thereby and shall remain in full force and effect. Further Actlons Eanh party hereto shall execute and deliver or cause to be executed and delivered any and all instruments reasonably required to convey the Property to the Buyer and to vest In each party all rights, Interest and benefits Intended to be confirmed by this Contract. Authorlty of Sigttatorles Each party to this Contract warrants to the other that the respective signatories have the full right and authority to enter Into and consummate this Contract and all related documents. Seiler shall deliver to Buyer such resolutions, certificates of authority and certificates of stood standing as the Buyer may reasonably request, vl 8■■0/1612Oil SUN 18!37 FAx ■ o ■ ■ %a Acceptance This Contract when signed by Stryer shall be deemed an offer and shall-remaln in effect, unless withdrawn; until the (fill In date here). If not accepted within that time by Seller by a delivery of a signed copy of this Contract to Buyer or Buyer's designated representative, this Contract shall become null and vold. -11 Seller accepts this Contract at > Do a.m.fp.m. an tine 1 day �-`r . � d t I of LLC mo01/001 Seller: JEDA, Lt_C (Pat Cameron p (Seal) Signature . 4 ' �-PA-rl Print Name Buyer: Pa Devefopme t Group, By (Seal). Hager vll ■■$0/16/2011 SUN 18:35 FAX r� 14001/001 Acceptance This Contract when signed by Buyer shall be deemed an offer and shall-remaln In effect, unless withdrawn, until the (fill In date here). If not accepted within that time by Seller by a delivery of a signed copy of this Contract to Buyer or Buyer's designated representative, this Contract shall become null and void. Seller accepts this Contract at �Y A p a.rn.Ip.m_ on the _day of 0 G'T, a 0 11 LLC Seller: JBDA, LLC (Pat Cameerroo /� L'�-► k,.1---� (Seal) Signature . Print Name Buyer; 1p Devetopme t Group, �y � agar . ! VH 1,3 3Q Qi ............... ............. .......... I re o "..1 13 11 04 : 3rp N M B Furniture 843 280 1.211 Offer to Purchase Rea! Estate p.I THIS SALES CONTRACT, made this 10th day of Octa er, 201 t_ by and between Wilton C. Jones, hereinafter referred to as seller, whose address is North M rtle_ Be�_ ach, South Caroll a and PAR 5 DEVELOPMENT GROUP,_L.LC. or assigns, whose address is 2860 NC5 Hwy. Aberderri,_NC, herein after referred to as buyer. WIT'NESSETH WHEREAS, the Seller hereby agrees to sell and the buyer hereby agrees to buy the hereinafter -described real estate upon the terms and conditions set forth: NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties hereby agree as follows: Property The seller agrees to sell and the buyer agrees to buy the following described real estate, with improvements thereon and appurtenances thereunto pertaining, to -wit: Exhibit A to this Contract: Purchase Price The purchase price for the real estate is SEVENTY FIVE THOUSAND DOLLARS ($75,000.00), which will be payable to the seller as follows: (a) No 0j earnest money deposit paid to the escrow agent at the signing of this agreement, and, (b) The balance of the purchase price to be paid in two payrrlents one of $3,500.00 (non-refundable) open favorable re -zoning hearing and the remaining at closing. Closing date, Possession Date and Proration's The closing of this Contract ("closing") shall be held at the offices of Nob n!r ,_ May &Rich of_finel�urst. NC, on the Jt st dav_of_ a 1ch 2012 (closing date). Should Buyer be prepared and wish to close. prior :.to the above closing date, Buyer will notify Seller' by certified mail and the Closing Ratq-,shall then be 10 days after the date of receipt of said notification. Earnest Money Deposit Buyer shall, upon seller's acceptance of the contract, make a deposit with as the "Escrow Agent" of No ($Q) ("deposit") in the form of check which shall be acknowledged upon receipt. The Deposit shall be held in escrow by the escrow agent until settlement and then applied to the Purchase Price at closing. The deposit shall be returned to :t 1 3 11 (14::A1p N M B Furniture 848 280 1211 P. 1 B B ■ buyer if buyer terminates the contract clue to reasons pertaining to and contained in the "Study Period" and/or the "Contingency" sections of the contract. Study Period Buyer shall have one hundred fifty 1541 days from the date of acceptance of this contract to determine through engineering, environmental, topographical and physical surveys; feasibility studies and audits; zoning and any other studies that the buyer deems necessary, to determine whether Buyer's plan of use and/or development for the Property is feasible for the Buyer. In the event that the Property Is not suitable to the Buyer in all regards, the Buyer may terminate this Contract during the Study Period and receive a full refund of the deposit, whereupon neither party shall have any further liability to any other party to this Contract. The Seller and the Buyer agree that the Buyer shall be allowed the right of entry on the property following the date of this contract for the purpose of conducting such physical surveys; environmental surveys and audits; inspections; tests; borings; and the like as the buyer may, in its discretion, deem appropriate. In the execution of the right of entry granted hereunder, the Buyer agrees that it shall not commit waste nor otherwise damage the property. The Buyer further indemnifies and saves harmless the Seller from and against any and all claims, liens, damages, losses and causes of action which may be asserted by the Buyer's employees, agents or any third party who enters upon the Property or conducts tests related to the Property at the request of or on the behalf of the Buyer or its agents. If Buyer completes the study period and is prepared to close prior to the closing date set by the Contract, and so notifies the Seller, closing shall occur within ten (10) clays after Buyer notifies Seller in writing. Contingencies This Contract is contingent upon the following: The Property being zoned for buyer's intended use of the real estate, which is a retail store. No Restrictions on the real estate prohibiting Buyer's aforesaid use of the real estate No existing easements, covenants, restrictions or rights in the real estate prohibiting or interfering with Buyer's intended use of the real estate. Engineering, topographical, environmental audits and surveys, soil studies and other stuclieslinvestigations must be satisfactory to the Buyer at their sole discretion. Adequate water, sewer and electrical services for Buyer's Intended use must be available to the real estate and economically feasible as determined by buyer and Buyer's tenant Virginia Department of Highways and/or the County In which Real estate is located, requirements as to road improvements being satisfactory and economically feasible as determined by buyer and Buyer's tenant 6%t 13 11 04:30p N 11 B Furniture 643 28U 1.211 P.1 Ile ( Approval of buyers Tenant of all of the terms of this contract Buyer may void this contract if any one or more of the above contingencies and/or conditions set forth herein are not fulfilled to Buyer's satisfaction. If voided by Buyer due to the failure of any contingency or study result, all deposit money shall be returned to the buyer. Seiler agrees to provide to buyer, at no cost, within five (5) days after Seller's acceptance of the contract, any surveys; development information; soil studies; environmental notices and studies; common area maintenance and other agreements affecting the property. Title At settlement, Seller shall convey to Buyer a good and marketable fee simple title to the property by deed of general warranty containing English covenants of title, free of all liens, defects, tenancies, encumbrances and encroachments, except as otherwise indicated herein, and subject only to such restrictions and easements as shall then be of record which do not affect the use of the Property for Buyer's intended use or render the title: unmarketable. If a defect is found which can be rernedied by legal action within a reasonable tirne, Seller shall, at Seller's expense, promptly take such action as is necessary to cure the defect. If Seller acting in good faith is unable to have such defect corrected within thirty (30) days after notice of defect is given to Seller, this contract maybe terminated by Buyer, at which time the deposit will be immediately returned io Buyer. Buyer, at their sole discretion, may extend the date for settlement of defect to the extent necessary for Seller to comply with this paragraph. Seller agrees to pay the expense of preparing the deed, certificates of non - foreign status and Form 1099-S and the recordation lax applicable to grantors. Except as otherwise agreed herein, all other expenses incurred by Buyer in connection with this purchase shall be borne by Buyer. Seller agrees to convey the Property at Closing by General Warranty Deed, using the current survey to describe the property. Conveyance shall be subject to matters, which an accurate survey would show applicable to, or affecting the property, as long as those matters do not affect Buyer's intended use, which is at the Buyer's sole and absolute discretion. to Buyer's obligation to go to settlement that the facts stated in all such representations and warranties shall be correct as of the tirne of the closing. Property Condition and Risk of Loss Buyer accepts the Property In its present condition, with the exception of the following: prior to closing, Seller hereby agrees to remove from the Property all oil drums, any underground storage tanks and any other hazardous substances, including but not limited to, contaminated soil, in the Property, after first disclosing to Buyer the locations of such items and affording the Buyer an opportunity to inspect the site and test the soil in the area before removing the items. All risk of loss shall remain on the Seller until the date of closing. If there is any material change in the Property prior to closing, Buyer shall have the option of terminating this Contract and having all deposits immediately returned to It. Assignment Buyer may assign this Contract upon written notice to Seller. Hazardous Substances The Seller has not received any notice and has no knowledge that the Property has Ever been used by previous owners and/or occupants, and Seller has not used the Property to generate, manufacture, refine, transport, treat, store, handle or dispose of Hazardous Substances or other toxic materials, as defined by any environmental law of regulation, whether used in construction or stored on the Property, and Seller has not received a summons, citation, directive, letter of other communication, written or, oral, from any governmental agency, federal, state or local, concerning any intentional or unintentional action or omission on Sellers' part which had resulted in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of Hazardous Substances or toxic materials on the Property. Environmental Assessment and Due Diligence Review The Buyer shall be entitled to conduct prior to Closing a due diligence review of the assets, properties, books and records of the Seller and an environmental assessment of the Property (hereinafter referred to as the "Environmental Assessment"), If the Environmental Assessment identifies environmental conditions which require rernediation, corrective action or further evaluation under the applicable environmental laws, or of the results of tide Environmental Assessment or due diligence review are otherwise not satisfactory to the Buyer in its sole discretion, thell Buyer nlay terminate this Contract and Buyer shall receive a refund of the deposit. Buyer's failure V � B� p� m 0 ajn 4 t ujn_1 Cf W W 01f3;7 : i,o i i e 1 gy m® �t l� 11 n4:27P N M 8 Furniture R4q 280 1?11 P.1 rdl or decision not to conduct any such Environmental Assessment shall not affect any representation or warranty of tho Seller under this Contract. Access to Seller's Environmental Consultants Seller shall disclose to Buyer's environmental consultants the identities of persons who, to Sciler's knowledge, may have information about whether the Property has at any time been used as a site for the use, generation, manufacture, storage, disposal, or transportation of any Hazardous Substances and shall authorize all such persons, and all environmental consultants, contractors, and engineers engaged by Seller, to make full disclosure to Buyer with respect to the condition of the Property. Brokers er and Seller represent and warrant that Paul Bell w' present Par 5 Developmen al estate broker or sales agent inv in this transaction. Paul Bell is to receive a 10% fee t Par 5 DPI )ment. Buyer and Seller agree to indemnify the other against t her Ie�ss from any commission, finder's fees, expenses er charges claimed try real esta-e`brohf_- ce-as-stQek�� ab .. Miscellaneous The parties to the Contract agree that it shall be binding upon them, and their respective personal representatives, successors and assigns; that unless amended in writing by Seller and Buyer, this Contract contains the final agreement between the parties hereto, and that they shall not be bound by any terms, conditions, oral statements, warranties or representations not herein contained; and that it shall be construed under the laws of the Commonwealth of Virginia. Severability If any provision of this Contract shall be held invalid, the other provisions hereof shall not be effected thereby and shall rernain in full force and effect. Further Actions Each party hereto shall execute and deliver or cause to be executed and delivered any and all instruments reasonably required to convey the Property to the Buyer and to vest in each party all rights, interest and benefits intended to be confirmed by this Contract. vi 13 11 04:28p n M H Furniture 843 200 11; 1 1 Authority of Signatorics p.1 Each party to this Contract warrants to the other that the respective signatories have the full right and authority to enter into and consummate this Contract and all related documents, Seiler shall deliver to Buyer such resolutions, certificates of authority and certificates of good standing as the Buyer may reasonably request. Acceptance This Contract when signed by Buyer shall be deemed an offer and shall remain in effect, unless withdrawn, until the (fill in slate here). If not accepted within that time by Seller by a delivery of a signed copy of this Contract to Buyer or Buyer's designated representative, this Contract shall become null and void. Seller accepts this Contract at iz`�S a,m p.rn. on the I day Of G�zUal✓R ,� l LLC Seller: Wilton C. Jones _(Seal) Signature 1N1��ot� C. TOME-5 Print Narne Buyer: Par 5 Development Croup, By4ager vi i .......... 71 j >t 13560 if�! -5 MP-41 > Real Estate Excise Tax f�/ FILED (� BO01()26 PAGE / '93 GEC 13 PM 2 22 GAYLE P.HOLDER RECISTER OF DEEPS HARNE-TT COUNTY. K nctardtng 'nmr, Beak and Page Tax Lot Ro........... ... ............ . Parcel Identifier Na............................................... . y ... .. ............... arty nn the ............ day of ...,,.......... ............. 19. ........ Verified by ....... .......... ......... ........... I ....... ........ I ........ ...... ..- ...... ng to .. ..tO ?r�e9. �`.O.Ao. 35755, Fayetteville, tiC ..28303.. ............ / ... '.ui a ter reeurui ......,..�....... ..... ......................... . ..... .. ... ............. This instrument wax ureparud S;�ha, .4, . Lo , A[torue Brief description for the Index NORTH C-drill E .IERAL. 'WARRANTY DEED THIS DEED made this ..,..... .. daY af.,.f�r........... 19.93 -. , by and hnvoen GRANTOR S I Z1 % GRANTEE CIIAALES RAY CLACX and trif e FAREN V. CLACK r) pptrr,.li o�c '�SL '(�r NI, C� �33� Enter In approtrlste btaek for each part!: naam address, and, if apprq ,rho desigaatinn Grantor and Grantee as used herein ahsll in lu shall Include singular, plural, masculine, feminine or neuter as ,quiff WITNES5I1TH, that the Grantor, for a valuable cozlnideration paid acknowledged, has and by these presents does grant, hnrgsin, sell ar re-rtain Int or pnrcel of land situptod in the City of Ear -nett County. \urth Carolina and more pnrticulz ILTON C. ,TONES 0. Box 35759 �yeLteville, NC 23303 Of entllY, 04. mrparatlen ar WLea ship. , their heirs, successors, and aaaigna, and as e, the rercipt of which Is hereby the Grantee in fee simple, all that Barbecue Township, BEGINNING at a iron pipe in the eastern ig y of Carolina Lakes Road, said pipe teeing loc to -S. 9 'gegs. 37 mins. W. 442,40 feet frotr the center of th vytReo�' scion of Carolina Laken Road (SR 1115) and N. C. Hi h.� thence with the right of way of Carolina La i�. 11degs. 30 mina. E. 208.00 feet to an iron pipdce 78 degs. 30 mins. E. 156.00 feet to an iron pipc\;ft ncg degs. 30 mins. W. 208.00 feet to an iron axle: he 15 )N. 78 degs. 30 mins. 4. 156.00 feet to the point of NG containing .75 acres, more or less, as shown on Is ve entitled "Property of Wilton C, Ganes" dated Nov �ai , 1993, and prepared by Hal T. Siler, PLS. Refere to s y3 survey is hereby made For a greater certainty of f dencription. I TRe"eFFA$F fIN � �• TAY, Sls" . , r 931313560 � � ll ` N. C.@ar Away.}ern rlo.3�1976.g�,:adt 1977--a—w.�..au.sti, w•rxr,rp�.,y,a c. 7�PH pv ` � ,..,,,., .. y.w+.....,.. r r: a...�... ,,,., O i 'Pk'- property he in i,vo A map Ula wiag the ve TO HAVE AND T the Grantee in fee s1 Is. And the Grantor cove nti the &afife in fee simple. 09 dt:fend aie title agalnet t e Title to the propertY hereil acquired by G—tnx 'by instrumeat recordod In .......-- ............... ............................ Haru�c.G,.Cauat f..Regterry.............................. ........................................... ....... .._...........,_ ierecsrded in Pint Book ........ ....... - ...... .. ....... Doge.........,........... or parcel of land and ail privileges and appurtenances thereto belonging to Sitee, that Grantor is seized at the premises in ice simple, has the right to Convey etable and free and clear of all ancumbrances. and that Grantor will warrant and of all persona whom3oever except for the exceptions hereinafter stated. d,is subject to the following exeeptions: t, RE13t$TER OF IDEfDS AY P. HRLOER IN VIT.7IHRM wmiRsar. the Uff"LM b►► haf to pan 0. so*$, .r �r c.r r ►rM'o o.me t.r tf. duly .ota.tl.ed ofrletn and Ifs, . o AMP a aftixad SY iutbo, .Y." wuuo - 1 l U ------------------------ '----- (norp.t►te name: C ----------------------------------------------••-------- pk t -------------------- ------rrmidant ATTCYY: .................... S.... l.rr 4eor7.n.4. St.1) NORTH CAROLINA, LEE COUNTY 1 \-11 1, a Notary Public for quid county anti ntate, to h eby c appeared before me this day and being duly sworn, sa went for and in behalf of Charles Ray Clack and Karen W. C execute and acknowledge the instrument is contained in Registry on December 13, 1993. and that this ittatructeat we given by the instrument granting the power of attorney; of the foregoing instrument for the es expreseed in Ray Clack and Karen W. Clack.(C1,N14 $iiNARWitneea my hand and deal thisy o ber, 1993. My co=isslon expires: ZZ-1Z-OTARY USUC � Sao car: a this �r=th► M ee arsed 1P so see Yea lira W. E M' . r►r W -------------<saArd r"^-----------11 6AU _ .-_-.-.I IIrmw ly- hat Linda Pace pereonaily he a seated the foregoing instru- an that her authority to t t recorded in Harnett County �e r virtue of the authority a�ee ac owledged the. due execution r et ant and on behalf of Charles The t.rer.kni Ctnlriutr(tl .f ------ .__ ------------ ----------------------- --rS� ---' -- '� - ' ° - b t V e.rtl d W 4a ►. iraa t. Til. 14.lrgp,F1 sn0. WI• ON`SILSCaY ar. dWY reakSNr.d Y a1. 4N an6 Um. tint van ewi. -f---:-'� � __ ....-.1LxoiaY1M or P"Do ron---- e). •-- -- - --------- -._-'-`_ ------ -- -------ntpaw/Ae1WAWgf - aeelr Rf sees, e., A�.F., Po.1C' 1976. Ib-i di-1►'7—.r..,....ara„,�., 1L-- ------ --.--- II1111BIB Fog RN;t t T[arr �ari� OF OeeO$ 2QA nn 1�:51:28 M UM Pc:75-71 FUIV A 16iRll 119" Recording Time, Flank and Page retail after recording B n, "rdA McRae, LL.P, Attorneys at law, 65 Bain Street, Lillingtou, NC "546 'Iris inalrrunenl was argd'by B^ Bu=rd & McRae, LLP, Attorneys at law, 65 Hain Stree4 Lillmgtoe, NC 27W Brief Description for NORTH V1>�,J4) T MS DBW made this Z Z" day of M rItIe9tl'y GRANTOR / James Patrick Cameron and wife, t� Glenda YnrkCameron 12995 Hwy 27 Wtst Broadway, NC 27'W GENERAL WARRANTY DEED Enter in appropriate block for each party; name, addre&% if GRANTEE a North Carolina limited linbilltr company 27 West NC 27505 character of entity, e.g corporation or partnership. The designation Grantor and Gmntei: au; uscri hcr:in trail incluudc s8i cir irs, suc4asors. and assigns, and shall hlelude singular, plural, masculine, feminine or neater as arquirod by'. WITNFSSEn I, that the Grantor, for i valuable consideration paid by he Gran spt of which is hereby acknowledged, has and by theme pre ants does grant bargain, sal] and convey tarn the Grange-Irf? sample, al that certain lot or parcel of land situated in the City of Barbecue Township, Barnett County, North Carolina ptffitlpae urticuFarly describud sec fullm": BEGINNING at an iron stake set in the southern right of tray of NC Highway aX center of Rural Rued tsl 115 where said rural road intersects with NC Hl Lh'; y- 175 fuel to a stake; thence Niarih 89 degrom 30 minutes East 180 feet to a stake- f reel to a stake set in the right of way of NC Highway- #27; thence South 76 degr�es r€27 to the poiut of BEGFNNING, containing ,8 acre, more or lea, and being a p from C. G. Myatt and wife, FTorlue E. Myatt to & P, Funderbork which deed Is hook 290, Page 431% Harnett Cuunly Rid dry and deed from S. P. F'underbi Funderburk, recorded In Book 3", Page 64, Harnett County Registry. This is the tame property conveyed to James Patrick Cameron and wife, Glenda Varl unmarried; Linda C. Pace and husband, Eldridge Pair;'Sammy Clack, unmarked; Patrick Cameron aad wife. Glenda York Cameron, dated February 11, 2003 and n Harnett County Registry. Is located 140 feet cart of the dh 0 degree 30 minuter I" degree 30 minutes Rest 220 Zthe curve or NC Highway ps'(4land described in a deed xr )U, 1943 and recorded In T11-.7 purk and wife, Suite �`ydeed from Ray Clack, k,,/unmjrrJed and James Kirk y 35, Page 941-954, �/. . DQ hereinabove described %w acquired by Grantor by hi=rrieni recorded in Dwd Book 1735. Page 951-954, Harnett d ry. fee i"', , Iawfttl aitr s of -r. Title to Any and all �r IN WfWtSIS its corporate n mxl,Car fr5t r the above dc3aihed propmy is recorded at lNap No. , Harnett County Registry. To HOLD the aforesaid lot or parcel of land and all ptiAILgca and appurtenances thrmo belonging to the Gtantoe with the Grantee, that Grantor ie, seized of the prmrniscs in fee simple, has the right to convoy the Name in etable and free and clear of all cntatmbranuti, mid that Gruntor will wm'tant and defend the title against the yftrn�4nvrr extxpt for the exceptions hereinafter stated ix xubjoel to the following exceptions: and udilly eatcments as may apptmr of record in the Harnett County Registry. [ hmulto set his hand and seal, or if corporate, has Mused this instrumenl to he signed in 1 }{tuho =Mccrs and its seal to be hereunto aNxed by dutimrity of its Hoard of Directors, the day 7 \ s� 1'�tc C�-rnatt�_(SEAL) nmPatrickCameron ALLifAU1L1✓t [SFP,L) f L'feada fork C,anideron ~ C> SEAL -STAMP NORTHCARDLtivAW-METT OLiTfiY dr�j}nat JnmLN Pptirick Cameron and wife rlda Yn 0�y and acknowledged the cxeartion of tort ug ' N U TA I Y x Z -J ydny uf'V=h, 2007. PUBLIC p= 1 n {J i Y.j�, $y Conrrtrissitxt rk�l!'eS:J � rJ�� O `� Public of the County and State afafesaid certify merun, both pemnally appeared before me dds oenL %'imeu my hand and official murp or seal, ati ,�r,Vorury Pubic �S41T Cq"Z C +I%� B ERLY S . HARD RO VE G CIF DEEDS HARNETT A tJT,C)RNEUUS HARNETT BLVD D�ITE 200 1 ONA- C 27W w�... .Y....w.e...f... .4AlIM} �H�Y FiAHIMw/Mi N�A�1r�1H�M iMiiJlliN�NiM Filed For Regletration: a 3 1 M/Z-6--7.75.77 lM Bonk-. RE 23 Document No.: Recorder: 200700aus DEED 3 POS �7 ANGELA J BYRD State of North Carolina, County of Harnett KIMBERLY S. HARGROVE , REGISTER OF DEEDS DO NOT DISCARD *2007005348* 2007005348