SW8990423_Historical File_20120625

Letter of Transmittal
Date: May 8, 2012
To:
Ms. Georgette Scott
NCDENR
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
910-796-7215 FAX [phone]
From:
Mary C. Murray
Apex Companies, LLC
136 Fairview Road, Suite 125
Mooresville, NC 28117
[phone], ext. 26
[e-mail]
Enclosed, please find the Storm Water Permit Renewal Application, O&M Verification
and $505 Renewal Fee for the Walmart Store #1392, New Hanover, Wilmington, NC
(Permit #SW8-990423). Please be advised that Walmart has scheduled minor routine
maintenance for this store to be completed prior to the September 28, 2012 renewal
date. Please contact me with questions.
Sincerely,
i Mary C. A�ray
rJECEIVE
MAY 10 2012
By. 0

DELEGATION OF SIGNATURE AUTHORITY
I, Richard Leahy, Vice President of Environmental, Health and Safety Compliance hereby delegate to:
Senior Director of Environmental, Health and Safety Compliance
the authority to sign Stormwater Management Permit Renewal application documents for the state of
North Carolina.
Richard Leahy, Vice
Subscribed and sworn before me this day of —42012.
I �
Notary Public
My commission expires: 0-,��„ rsc, n N
[Notary Seal] `t�� I c4u��
E EI
MAY 10 2012
BY

Casmer, Jo
From: Casmer, Jo
Sent: Tuesday, April 17, 2012 12:44 PM
To: 'Mary Murray'
Subject: RE: State Storm Water Permit and O&M informationfor Walmart Store 1392
Attachments: Walmart #1392.pdf
Finally found the file! Someone who said they didn't have it actually DID have it. It happens.
In any event, attached is the PE certification and signed O&M you requested.
,Jo Gasser
Administrative Assistant IV
NC Dept. of Environment & Natural Resources
Division of Water Quality -Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties
From: Mary Murray [ ]
Sent: Thursday, April 12, 2012 3:09 PM
To: Casmer, Jo
Subject: RE: State Storm Water Permit and O&M irformationfor Walmart Store 1392
Environmental Program Manager
Apex Companies, LLC
136 Fairview Road, Suite 125
Mooresville, NC 28117
0) 704-799-6390 X26 M) 704-763-8600
Privacy Natice: This message and any attachments) hereto are intended solely for the individual(s) listed in the masthead. This massage may contain information
that is privileged or otherwise protected from disclosure. Any review, dissemination or use of this message or its contents by persons other than the addressee(s) is
strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by return e-mail and delete the message from your
system. Thank you.

Scott, Georgette
From: Mary Murray [[e-mail]]
Sent: Friday, April 13, 2012 10:07 AM
To: Scott, Georgette
Subject: RE: SW8-990423 Walmart Store #1390
I have the check and have submitted the forms to Walmart for signatures. We will submit as soon as possible.
Thanks for your support.
Mary Kay
M—axu Nlur r y' P.W.S.
Environmental Program Manager
Apex Companies, LLC
136 Fairview Road, Suite 125
} Mooresville, NC 28117
1 0) 704-799-6390 x26 M) 704-763-8600
Privacy Notice: This message and any attachment(s) hereto are intended solely for the individual(s) listed in the masthead. This message may contain information
that is privileged or otherwise protected from disclosure. Any review, dissemination or use of this message or its contents by persons other than the addressee(s) is
strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by return e-mail and delete the message from your
system. Thank you.
From: Scott, Georgette[mailto:[e-mail]]
Sent: Friday, April 13, 2012 8:34 AM
To: Mary Murray
Subject: RE: SW8-990423 Walmart Store #1390
Mary,
Here is the website with the renewal application. http://portal.ncdenr.ore/web/wq/ws/su/statesw/forms dots
Please fill out, send a check for $505.00 and renew immediately. In your cover letter please put in your schedule for
compliance for your site.
Thank you
Georgette Scott
Stormwater Program Supervisor
State Stormwater Program
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone [phone]
Fax [phone]
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.
From: Mary Murray [mailto:MKMurrav apexcos com]
Sent: Thursday, April 12, 2012 11:32 AM
To: Scott, Georgette
Subject: SW8-990423 Walmart Store #1390
Georgette,
Per our conversation, we have inspected the Walmart store for renewal of the permit SW8-990423 and noted some
minor maintenance items that will be addressed with a contractor this summer. We were trying to get confirmation of

the repair timelines for the renewal and have a commitment that the repairs can be completed before the permit
renewal date of September 28, 2012. Please send me the renewal application link and we will submit it immediately
with an explanation regarding the minor maintenance activities. Please make a note in your files that we are working on
getting the permit application processed and have coordinated with you regarding this matter.
I appreciate your support on this project.
Mary Kay Murray
Wary u' ray , P.w.s.
A
Environmental Program Manager
"
Apex Companies, LLC
136 Fairview Road, Suite 125
"� •
Mooresville, NC 28117
4. ys r�Rt
0) 704-799-6390 X26 M) 704-763-8600
Privacy Notice: This message and any attachment(s) hereto are intended solely for the individual(s) listed in the masthead. This message may contain information
that is privileged or otherwise protected from disclosure. Any review, dissemination or use of this message or its contents by persons other than the addressee(s) is
strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by return e-mail and delete the message from your
system. Thank you.

Casmer, Jo
From: Casmer, Jo
Sent: Wednesday, December 14, 2011 12:22 PM
To: 'Mary Murray'
Subject: RE: Example of the O&M plan and designers certtification
Attachments: Wet Pond Supplement.pdf
No problem — that's what I'm here for. We just needed to figure out what you were truly after. i think you're in good
shape now. The application supplement you needed is attached.
Jo CAsnxer
Administrative Assistant IV
NC Dept. of Environment & Natural Resources
Division of Water Quality -Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties
From: Mary Murray
Sent: Wednesday, December 14, 2011 12:18 PM
To: Casmer, Jo
Subject: RE: Example of the 0&M plan and designers certtification
Environmental Program Manager
Apex Companies, LLC
136 Fairview Road, Suite 125
Mooresville, NC 28117
0) 704-799-6390 x26 M) 704-763-8600
Privacy Notice: This message and any attachments) hereto are intended solely for the individual(s) listed in the masthead. This message may contain information
that is privileged or otherwise protected from disclosure. Any review, dissemination or use of this message or its contents by persons other than the addressee(s) Is
strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by return e-mail and delete the message from your
system. Thank you.
From: Casmer, Jo
Sent: Wednesday, December 14, 2011 12:16 PM
To: Mary Murray
Subject: RE: Example of the O&M plan and designers certtification
Based on what you just sent me, you are looking for a copy of the actual application for the wet pond that was
submitted when applying for the permit. Let me go scan this as well and I will send to you. As I suspected, it was a
matter of using the right terminology. I think we've got it nowl
_/o Casmer
Administrative Assistant IV
NC Dept. of Environment & Natural Resources

Division of Water Quality -Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Email correspondence to and fFom this address may be subject to the North Canalina Public Records Law and may be disclosed to third
Parties.
From: Mary Murray [
Sent: Wednesday, December 14, 2011 12:13 PM
To: Casmer, Jo
Subject: Example of the O&M plan and designers certtification
Jo; We completed a similar renewal for another site. These are the documents for another store. I am looking for both
of these if you have it for the store in Wilmington.
Mary Kay.
Environmental Program Manager
Apex Companies, LLC
136 Fairview Road, Suite 126
Mooresville, NC 28117
0) 704-799-6390 x26 M) 704-763-8600
Privacy Notice: This message and any attachmard(s) hereto are intended solely for the individual(s) listed in the masthead. This message may contain information
that is privileged or otherwise protected tram disclosure. Any review, dissemination or use of this message or its contents by persons other than the addressee(s) is
strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by return e-mail and delete the message from your
system. Thank you.

Casmer, Jo
From: Casmer, Jo
Sent: Wednesday, December 14, 2011 12:14 PM
To: 'Mary Murray'
Subject: RE: State Storm Water Permit and O&M informatonfor Walmart Store 1392
Attachments: Designers Certification SW8 990423.pdf
Designer Cert attached.
. jo Casmer
Administrative Assistant N
NC Dept. of Environment & Natural Resources
Division of Water Quality -Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington. NC 28405
Phone: [phone]
Fax: [phone]
Email correspondence to and from this address may be cob%ect to the North Carolina Pub/1c Records Law and may be disclosed to third
parties
From: Mary Murray
Sent: Wednesday, December 14, 2011 11:56 AM
To: Casmer, ]o
Subject: RE: State Storm Water Permit and O&M informationfor Walmart Store 1392
Environmental Program Manager
Apex Companies, LLC
136 Fairview Road, Suite 125
Mooresville, NC 28117
0) 704-799-6390 x26 M) 704-763-8600
Privacy Notice: This message and any attachment(s) hereto are intended solely for the individual(s) listed in the masthead. This message may contain information
that is privileged or otherwise protected from disclosure. Any review, dissemination or use of this message or its contents by persons other than the addressee(s) is
strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by return e-mail and delete the message from your
system. Thank you.
From: Casmer, ]o
Seat: Monday, December 12, 2011 10:47 AM
To: Mary Murray
Cc: Adam Motsinger
Subject: RE: State Storm Water Permit and O&M infonnationfor Walmart Store 1392
As requested.

Jo Casrxer
Administrative Assistant IV
NC Dept. of Environment & Natural Resources
Division of Water Quality -Surface Water Protection Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disdmed to. third
parties
From: Mary Murray [ ]
Sent: Monday, Deoember 12, 2011 10:37 AM
To: Calmer, Jo
Cc: Adam Motsinger
Subject: State Storm Water Permit and O&M informationfor Walmart Store 1392
Jo:
Please send me and Adam Motsinger a copy of the original permit and any applicable information for a State Storm
Water Permit Renewal for Permit #SW8990423 for the Walmart in Wilmington located at:
5226 Sigmon Rd
Wilmington, NC 28403
Thanks
Mary Kay Murray
Environmental Program Manager
Apex Companies, LLC
f 136 Fairview Road, Suite 125
I Mooresville, NC 28117
0)704-799-6390 x26 M)704-763-8600
Privacy Notice: This message and any attachments) hereto are intended solely for the individual(s) listed in the masthead. This message may contain Information
that is privileged or otherwise protected from disclosure. Any review, dissemination or use of this message or its contents by persons other than the addressee(s) is
strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by return e-mail and delete the message from your
system. Thank you.
2

NOTICE TO REGISTERED AGENT:
Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address.
LCG Wilmington, LLC (0755160)
120 Penmarc Drive, Suite 118
Raleigh, NC 27603
State of North Carolina
Department of The Secretary of State
CERTIFICATE OF DISSOLUTION
I, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that
LCG Wilmington, LLC
has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03
for failure to file an annual report effective as of the date set forth hereunder.
A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply
to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S.
Section 57C-6-03.
This the 26th day of August, 2010
4�0*4& A 7*44&
Elaine F. Marshall
Secretary of State
Document Id: C201023819564

NCDENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
December 1, 2009
Division of Water Quality
Coleen H. Sullins
Director
Mr. Sey Young, Asst. Vice President
Wal-Mart Stores, Inc.
2001 Southeast Tenth Street
Bentonville, AR 72716
Subject:
Natural Resources
y,,\`v- 6 , 1
V`
Session Law 2009-406 — Permit Extension
Stormwater Permit #SW8 990423
High Density — Wal-Mart Super Center #1392-00
New Hanover County
Dear Mr. Young:
Dee Freeman
Secretary
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacts any
development approval issued by the Division of Water Quality under Article 21 of
Chapter 143 of the General Statutes, which is current and valid at any point between
January 1, 2008, and December 31, 2010. The law extends the effective period of any
stormwater permit that is set to expire during this time frame to 3 years from its current
expiration date.
Accordingly, Stormwater Permit # SW8 990423, which has already expired on
September 28, 2009, is now in effect until September 28, 2012. Please resubmit the
renewal application and fee at least 180 days prior to September 28, 2012, which would
be March 28, 2012. A copy of the Renewal Application can be obtained from the
following website: http://h2o.enr.state.nc.us/su/bmp forms.htm.
If you have any questions, please contact the Division of Water Quality in the
Wilmington Regional Office at 910-796-7215.
Sincerely,
Georgette Scott
Stormwater Supervisor
Division of Water Quality
S:1WQS\STORMWATER\RENEWAL\SL2009-4061990423.dec09
cc: Wilmington Regional Office
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: [phone] FAX: 919�807-64921 Customer Service:1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org Va
An Equal Opportunity 1 Affirmative Action Employer (/ 1wrap/
�KL `�/

This instrument prepared by-w_d
Brad Rogers, Esquire
Wal-Mart Real Estate Business Trust
Sam M. Walton Development Complex
2001 S.E. 10`h Street
Bentonville, AR 72716-0550
FOR RZOISTRRTION RECzISTER OF ?EEDS
JENNIFER H. NRCNEISH
NEW HANOVER COUNTY, NO
2019 JUN 3 12:3:29 PM
8003 PG:2327-2348 FETCH
IRS 12610101
Wanda Roberts
hicago Title
IIIII��`�`830 E Main St - 16te FL
Richmond, VA 23219
Wilmington, North Carolina
Wal-Mart Store # 1392
Murphy Store # 6624
NQyLl tiDnob &5
AMENDED AND RESTATED
II WI��
EASEMENTS WITH COVENANTS AND
RESTRICTIONS AFFECTING LAND
This AMENEDED AND RESTATED EASEMENTS WITH COVENANTS
AND STRICTIONS AFFECTING LAND ("Agreement') is made effective
200�, between WAL-MART REAL ESTATE BUSINESS
TRUST, a elaware s tutory trust and WAL-MART STORES EAST, INC.,
an Arkansas corporation, with an address of 702 S.W. 8a' Street, Bentonville, AR 72716
("Wal-Mart '); and MURPHY OIL USA, INC., a Delaware corporation, with an address
of 200 Peach Street, El Dorado, Arkansas 71730 ("Murnhv" ).
WITNESSETH
WHEREAS, Wal-Mart is the owner of that certain tract or parcel of land
situated in the City of Wilmington, County of New Hanover, State of North Carolina,
identified as Tract I on the site plan attached hereto as Exhibit: "A' ("Traci Fj; and
WHEREAS, Murphy is the owner of that certain tract or parcel of land
situated in the City of Wilmington, County of New Hanover, State of North Carolina,
l of 20
1820942v1222904.000508

WHEREAS, Wal-Mart and Murphy previously entered into that certain
Easements with Covenants and Restrictions Affecting Land dated July 26, 2007, and
recorded in the Office of the Register of Deeds of New Hanover County, North Carolina
as Instrument #2007039589 in Book 5217, Page 126 (the "Original ECR") subjecting the
l@nd described to certain easements, restrictions and covenants as set forth therein and
hereby desire to amend and restate the Original ECR and agree that Tract 1 and Tract 2
shall be subject to the easements and covenants, conditions and restrictions hereinafter set
forth.
NOW THEREFORE, for and in consideration of the premises, easements,
covenants, conditions, restrictions, and encumbrances contained herein, the sufficiency of
which is hereby acknowledged, Wal-Mart and Murphy do hereby agree as follows:
1. Definitions. Unless otherwise stated herein, capitalized terms used in this
Agreement shall have the following meanings:
(a) `Building_ Area" shall be the portions of Tract 2 on which
buildings or other improvements are, or are permitted to be, located, as indicated on
Exhibit "A".
(b) "Common Areas" shall mean collectively the Tract I Common
Area and Tract 2 Common Area.
(c) "Shared Accessway' shall mean any main driveways or
accessway(s) or other similar area of passage, a portion of which are located on Tract 2
more particularly shown and designated on Exhibit "A" attached hereto, if any.
(d) "Tract 1 Common Area" shall mean the vehicular parking area,
drive lanes and driveways on Tract 1 as such parking lot, drive lanes and driveways may
be modified, reconfigured, altered, closed, constructed, reconstructed and removed at any
time and from time to time in Wal-Mart's sole discretion. Wal-Mart shall have the right,
in Wal-Matrt's sole discretion, to restrict or limit the size of the Tract I Common Area,
provided such restriction shall not materially and adversely affect Murphy's rights under
Section 2(b) herein.
(e) "Tract 2 Common Area" shall be all of the Tract 2 except the
Building Area.
(f) "Tracts" as used herein shall mean Tract 1 and Tract 2. Reference
to a Tract refers to Tract 1 or Tract 2.
2. Easements.
(a) Grant of Tract 2 Common Area Access and Parking_ Easement.
Murphy, as grantor, hereby grants to Wal-Mart, as grantee, and to the agents, customers,
invitees, licensees, tenants and employees of Wal-Mart for the benefit of Tract 1, a
nonexclusive easement over, through and around the Tract 2 Common Area for vehicular
and pedestrian ingress and egress and parking and to perform any maintenance, repairs
and/or replacements as hereinafter provided.
2 of 20

negligence of Wal-Mart or by any agents, customers, invitees, licensees, tenants and
employees of Wal-Mart. This release being to the extent that such damage or loss is
covered by property insurance which Murphy is carrying or self -insuring, if applicable.
(e) Murphy may self -insure any of the above required coverages if it
maintains . a net worth of $200,000,000.00. No later than May I" of each year, Murphy
must deliver to Wal-Mart written notice each year of its election to self insure, along with
copies of Murphy's audited annual financial statements demonstrating compliance
therewith. In the event Murphy shall cease to meet the net worth requirements during
any intervening period, Murphy shall promptly notify Wal-Mart and immediately deliver
to Wal-Mart proof of the insurance set forth in this Section 4.
5. Compliance. Murphy hereby warrants, represents and covenants to
Wal-Mart that Murphy in exercising its rights under this Agreement shall comply fully
with any federal, state or local laws, regulations, ordinances, permits or other
authorizations. In addition to the other representations contained herein, Murphy hereby
warrants, represents and covenants to Wal-Mart that Murphy shall comply fully with any
federal, state or local laws, regulations, ordinances, permits or other authorizations or
approvals or other requirements relating to storm water discharges or the control of
erosion or sediment discharges from construction projects, including but not limited to
the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water General Permit for
Discharges Associated with Construction Activities (collectively the "Storm Water
"equirements") (including without limitation preparing a Storm Water Pollution
Prevention Plan (if applicable) to avoid negatively impacting any erosion or sediment
controls during earth -disturbing activities, if any) in exercising any rights or privileges
under this Agreement, Murphy recognizing and affuming Wal-Mart would not enter into
this Agreement without this warranty, representation and covenant from Murphy.
Furthermore, Murphy hereby warrants, represents and covenants to Wal-Mart that
Murphy shall (i) comply in all respects with all immigration laws, statutes, rules, codes
and regulations, (ii) properly maintain all records required by the United States
Citizenship and Immigration Services (the "US YS"). Murphy warrants, represents and
covenants it shall require any and all contractors and/or subcontractors performing any
work for Murphy to comply with the covenants set forth in this Section. Murphy
recognizes and affirms Wal-Mart would not enter into this Agreement if Murphy did not
agree to such conditions, representations, warranties and covenants above.
In addition to the other representations contained herein, Murphy hereby
warrants, represents and covenants to Wal-Mart that Murphy shall comply fully with any
federal, state or local Iaws, regulations, ordinances, permits or other authorizations or
approvals or other requirements relating to underground storage tanks, including but not
limited to, the Solid Waste Disposal Act, 42 U.S.C. § 6991, et seq., in exercising any
rights or privileges under this Agreement, Murphy recognizing and affmning that
Wal-Mart would not enter into this Agreement without this warranty and representation
from Murphy. Murphy shall provide Wal-Mart with prompt notice of, and copies of all
documentation relating to any spill or release of fuel required to be reported to any local,
state, or federal authority or which has the potential to impact 'Tract 1. Such notification
shall not be construed as requiring Wal-Mart to take any action or as having any
responsibility for such spill, release or notice of violation.
5of20

to conform to such revised color scheme, in a manner reasonably determined by Wal-
Mart, within sixty (60) days following Wal-Mart's written request therefor.
(c) Remodel. Murphy agrees to remodel their facilities at the same
time Wal-Mart remodels their store, but in no event more than once every three (3) years,
unless it is agreed by both Murphy and Wal-Mart that a remodel is not necessary at the
time and/or Murphy's facility is less than three (3) years old. Remodel is defined, but is
not confined, to the following, as needed:
(i) Repainting of all exterior and interior walls and canopies.
(ii) Remodeling restrooms to ensure compliance with Federal
Americans with Disabilities Act guidelines.
doors and frames.
(iii) Replacement of all exterior doors and/or repairs to existing
(iv) Replace floor tile.
(v) Replace ceiling tile.
(vi) Replace and/or repair canopy and interior lighting.
(vii) Restriping of parking lot.
(viii) Replacement of Disabled Parking signs.
(ix) Renewal or rejuvenation of landscape area.
(d) Commencement and Completion of Improvements. Upon
commencement of improvements pursuant to an approved Development Plan as provided
above, Murphy shall diligently pursue the completion of such improvements in
accordance therewith and in accordance with all applicable laws, rules, regulations and
ordinances. Notwithstanding anything contained herein to the contrary, Murphy shall not
construct any improvements from October 31 through January 31 which would interfere
with the use of Tract 1 by Wal-Mart and its customers.
(e) Storm Water Drainage Pam. Prior to any construction activities
on Tract 2, Murphy shall file a Notice of Intent, where applicable, for coverage under
local, state, or federal General Permit for Storm Water Discharges Associated with
Construction Activity or similar program.
10. Right of First Refusal. In the event that at any time Murphy shall elect to
convey, sell or transfer Tract 2, or portion thereof (herein an "Offered Tract"), Wal-Mart
shall have a right of first refusal to purchase such Offered Tract in accordance with the
procedures hereinafter set forth. Prior to Murphy entering into a purchase agreement
("Proposed Purchase Agirement")-for any Offered Tract, Murphy shall submit a complete
copy of the Proposed Purchase Agreement to Wal-Mart. Wal-Mart shall have twenty (20)
business days ("Ontion Period") from the date of Wal-Mart's receipt of the Proposed
Purchase Agreement in which to notify Murphy of Wal-Mart's election, in Wal-Mart's
sole discretion, to (i) purchase the Offered Tract, substantially in accordance with the
10 of 20

(b) Notices. All notices and other communications required or
permitted to be given hereunder shall be in writing and shall be mailed by certified or
registered mail, postage prepaid, or by Federal Express, Airborne Express, or similar
overnight delivery service, addressed as follows:
Wal-Mart:
Wal-Mart Stores, Inc. (Store No. 1392 )
2001 S.E. loth Street
Bentonville, AR 72716
Attention: Director of Realty Management
With a copy to:
Wal-Mart Stores, Inc. (Store No. 1392 )
2001 S.E. loth Street
Bentonville, AR 72716
Attention: Director of Fueling Station Development
With a copy to:
Pamela S. Belleman, Esquire
Troutman Sanders LLP
1001 Haxall Point
Richmond, Virginia 23219
Murnhv:
Murphy Oil USA, Inc.
200 Peach Street
El Dorado, AR 71730
Attention: Charles Ganus, President
Murphy USA Marketing Company
With a copy to:
Murphy Oil USA, Inc.
200 Peach Street
El Dorado, AR 71730
Attention: Hank Heithaus, Senior Vice President
Murphy USA Marketing Company
With a copy to:
James M. Saxton, Esquire
Friday, Eldredge & Clark, LLP
400 West Capitol, Suite 2000
Little Rock, AR 72201
15of20

John A. Gupton, III, Esquire
Baker, Donelson
211 Commerce, Suite 1000
Nashville, TN 37201
Notices shall be effective upon receipt or refusal. In the event that any
person acquires a fee interest in a Tract said person shall be entitled to provide a request
for notice to the addressees listed above, which request, in order to be effective, must also
be recorded in the county recorder's office in the county in which Tract is located. Any
party shall be entitled to change its address for notice by providing notice of such change
and recording a copy of the notice of such change in the county recorder's office in the
county recorder's office in the county in which the Tract located. Until such time as the
notice of change is effective pursuant to the terms of this Section 21 and until such time
as it is recorded as required above, the last address of said party shall be deemed to be the
proper address of said party.
22. Counterparts. This Agreement may be executed in one or more
counterparts each of which in the aggregate shall constitute one and the same instrument.
23. Conflict. Tract 1 and Tract 2 may be subject to existing recorded
Easements with Covenants and Restrictions Affecting Land ("Existing ECRs"), and such
Existing SCRs shall remain in full force and affect.
24. Original ECR. This Agreement shall amend and restate the Original ECR
in its entirety. It is the intent of each of Wal-Mart and Murphy that this Agreement is the
entire agreement of Wal-Mart and Murphy with respect to the provisions of the Original
ECR.
[Remainder of Page Intentionally Left Blank; Signature Pages Follow]
16of20

Beverly Eaves Perdue, Govemor
Doe Freeman, Sarttsry
North Carolina Department of Environment and Natural Resources
Coles► H. Sullins, Director
Division of Wager Quality
January 28, 2009
Mr. Say Young, Asst. Vice President
Wal-Mart Stores, Inc.
2001 Southeast Tenth Street
Bentonville, AR 72716
Subject: Sto muster Permit No. SW8990423
Wal-Mart Super Center #1392-00
New Hanover County
Dear Mr. Young:
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8990423
to Wal-Mart Super Center #1392-00 for a High Density Project on September 28, 1999. This permit
expires on September 28, 2009. Section .1003(h) of 15 A NCAC 2H .1000 (the stomwmter rules)
requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a
permit and must be accompanied by a processing flee, which is currently set at $505.00. If this is still an
active project please complete and submit the enclosed renewal application in a timely manner. If this
project has not been constructed and a permit is no longer needed, please submit a request to have the
permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name,
mailing address and phone number of the person or entity that is now responsible for this permit.
Enclosed is a form for change of ownership, which should be completed and submitted if the property
has changed hands.
Your permit requires that upon completion of construction and prior to operation of the permitted
treatment units a certification of completion be submitted to the Division from an appropriate designer for
the system installed. This is to certify that the permitted facility has been installed in accordance with the
permit, the approved plans, specifications and su rdng documentation. Please include a copy of the
certification with your permit renewal request and processing fee. Enclosed is a copy of a sample
certification. Also enclosed is a new Operation and Maintenance agreement that should be completed
and submitted along with your tonewal application.
You should be aware that failure to provide the Designer's Certification and the operation of a
sommater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and
may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000
per day.
If you have any questions, please feel free to contact David Cox at 910-796-7318.
Si ly,
Geormgette oott, Stormwater Supervisor
Surface Water Protection Section
Wilmington Regional Office
Enclosures
cc: Wilmington Regional Office
Msilio0 Address Phone [phone] Internet umaterauallMore � Cat�D � a
127 Cardinal Drive Extension Fax [phone]me 0M Customer Service 1-877-6234749 r1wW
Wilmington, NC 28M

REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 08107/200711:34.42 AM
Book: RE 5217 Page: 110-125
Document No: 2007039588
DEED 7 PGS $20.00
NC REAL ESTATE EXCISE TAX: $1,046.00
Recorder: SCOTT, NANCY A
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2007039588*
2007039588

5FOR REGIISSTRCCRP RSMITHER OF DEED:
MV HRNOVER COUNTY, NC
2007 IK1G 07 11:34:42 RM
BK:5217 PG:119-125 FEE:$29.00
NC REV STRMP:$1,046,00
I%MNT 1 M039588
NORTH CAROLINA SPECIAL WARRANTY DEED
1Yla
Excise Tax: $
Wilmington, North Carolina
WM Store # 1392
Murphy Store # 6624
Parcel Identifier No D 49 + U - 001. 097 -00 0
After recording, return to: John A. Moore, Esquire, Murphy Oil Corporation, 200 Peach Street, P. O. Box 7000, El Dorado, AR 71731
This instrument was prepared by: Ashley H. Story, Troutman Sanders, LLP; P. O. Drawer 1389, Raleigh, NC 27602-1389
t' ETugNTD: 5rnrr.N mocur, LLP
,BRIEF DESCRnMON FOR THE INDEX: Outparcel #1, 0,787 acres
THIS DEED made this X d y of 2007, by and between
GRANTOR
WAL-MART REAL ESTATE BUSINESS TRUST,
a Delaware statutory trust
(&Wa Wal-Mart Real Estate Business Trust,
a Delaware business trust)
2001 S.E.100 Street
Bentonville, Arkansas 72712
GRANTEE
Murphy Oil USA, Inc., a Delaware corporation
200 Peach Street
P. O. Box 7000
E1 Dorado, AR 71731
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and
by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the
City of Wilmington, New Hanover County, North Carolina and more particularly described as follows:
That certain tract of property being more particularly described on the attached Exhibit "A", which is incorporated herein by this
reference.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 3335, Page 461.
A map showing the above described property is recorded in Map Book 45, Pages 85 and 86.
1604508v4

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee simple.
And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will
warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following
exceptions: Subject to those matters listed on Exhibit "B" attached hereto and made a part hereof.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
WAL-MART REAL ESTATE BUSINESS TRUST,
a Delaware statutory trust
(a/k/a Wal-Mart Real Estate Business Trust,
a Delaware business trust)
(Entity Name)
By:
Name: Roy Covert
Title: Director of Fueling Station Development
STATE OF ARKANSAS, COUNTY OF BENTON
ApprovV ps to legal terms only by
pt.
Date: v r
I, _AMber g. 50,V ' , a Notary Public of the County and State aforesaid, certify that Roy Covert,
being personally known to me, personally came before me this day and acknowledged that he is Director of Fueling Station
Developrnerut of Wal-Nan Reai Estate Business Trust, a Delaware statutory trust (alicla Wal-Mart Real ]Estate Business Trust, a
Delaware business trust), and that he, as Director of Fueling Station Development, being authorized to do so on behalf of said
company, voluntarily executed the foregoing on behalf of said company for the purposes stated therein.
This the day of )UX� R , 2007.
Please complete inside the box below.
-8wl'
Notary Public
1 ` �
' 1 ; 11 - 17 I 1♦ a 1 � .i
1604508v4

EXHIBIT "A"
LEGAL DESCRIPTION
0.787 ACRES
WAL-MART STORE # 1392
MURPHY OIL # 6624
WILMINGTON, NC
ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND LYING AND BEING IN
THE CITY OF WILMINGTON, COUNTY OF NEW HANOVER, STATE OF NORTH
CAROLINA AND BEING DESIGNATED AS OUTPARCEL #1 ON THE PLAT
ENTITLED "MAP OF SURVEY OF OUT PARCELS 1, 2, & 3 AND PUBLIC RIGHT
OF WAY AND EASEMENT AT GATEWAY BUSINESS PARK RECORDED AT
MAP BOOK 45, PAGES 85-86 AND HAVING THE FOLLOWING METES AND
BOUNDS TO WIT:
COMMENCING AT AN IRON PIN LOCATED AT SOUTHEAST RIGHT-OF-WAY
INTERSECTION OF THE SOUTHERN RIGHT-OF-WAY OF U.S. HIGHWAY 17
(MARKET STREET) (100-FOOT RIGHT-OF-WAY) AND THE EASTERN RIGHT-
OF-WAY OF WALTON DRIVE (VARIABLE WIDTH RIGHT-OF-WAY);
THENCE, LEAVING SAID INTERSECTION ALONG THE EASTERN RIGHT-OF-
WAY OF WALT ON DRIVE S 08-39-16 E FOR 115.56 FEET TO AN IRON PIN;
THENCE S 22-00-34 E FOR 119.03 FEET TO AN IRON PIN;
THENCE, S 22-00-34 E FOR 41.70 FEET TO AN IRON PIN, SAID PIN BEING A
COMMON CORNER WITH SPIRAKIS ANTONIOS AND BEING THE POINT OF
BEGINNING;
THENCE, LEAVING SAID RIGHT-OF-WAY ALONG THE COMMON LINE WITH
SPIRAKIS ANTONIOS N 67-57-41 E FOR 213.70 FEET TO AN IRON PIN;
THENCE, ALONG THE COMMON LINE WITH THE LCG WILMINGTON LLC
OUTPARCEL #2 PROPERTY S 22-00-47 E FOR 161.50 FEET TO AN IRON PIN
LOCATED IN THE NORTHERN RIGHT-OF-WAY OF SIGMON ROAD (SR 1232)
(60-FOOT RIGHT-OF-WAY); ,
THENCE, ALONG SAID RIGHT-OF-WAY S 67-48-06 W FOR 148.55 FEET TO AN
IRON PIN;
THENCE, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 483.44
FEET, AN ARC LENGTH OF 50.01 FEET AND A CHORD BEARING S 72-40-17 W
FOR 50.00 FEET TO AN IRON PIN;
THENCE, LEAVING SAID RIGHT-OF-WAY N 64-44-20 W FOR 22.69 FEET TO AN
IRON PIN LOCATED IN THE EASTERN RIGHT-OF-WAY OF WALTON DRIVE
(VARIABLE WIDTH RIGHT-OF-WAY);

THENCE, ALONG SAID RIGHT-OF-WAY N 22-00-34 W FOR 141.06 FEET TO AN
IRON PIN BEING THE POINT OF BEGINNING.
SAID TRACT CONTAINS 0.787 ACRES OR 34,298 SQUARE FEET.

EXHIBIT B
PERMITTED EXCEPTIONS
WILMINGTON, NORTH CAROLINA
WM Store #1392
Murphy Store #6624
1. Taxes for the year of 2007, not yet due and payable.
2. All such matters as shown on that certain survey of the Property prepared by Freeland-
Clinkscales & Associates, Inc., of NC, Fulton V. Clinkscales, Jr. (PLS # L2614), dated
January 15, 2007, as revised (the "Survey").
3. All such covenants, conditions and restrictions as set forth in the Declaration of
Environmental Release dated of even date herewith by and between Wal-Mart Stores,
Inc., Wal-Mart Real Estate Business Trust, Wal-Mart Stores East, LP, Wal-Mart Stores
East, Inc., Wal-Mart Louisiana, LLC, and Wal-Mart Stores Texas, LP, and Grantee, filed
contemporaneously herewith.
4. All such covenants, conditions and restrictions as set forth in Easements with Covenants
and Restrictions Affecting Land, dated of even date herewith by and between Grantor and
Grantee, filed contemporaneously herewith.
5. Setback lines shown on plat recorded in Map Book 44, page 291 and Map Book 45,
Pages 85-86, all New Hanover County Registry, as shown on Survey.
6. Easement(s) to Carolina Power & Light Company recorded in Book 1890, Page 941;
Book 811, Page 81; Book 672, Page 39; Book 559, Page 16, New Hanover County
Registry, as shown on Survey.
7. Easement(s) to Tide Water Power Company recorded in Book 278, Page 396; Book 269,
Page 532; Book 467, Page 586; Book 428, Page 72; Book 278, Page 165, aforesaid
records.
8. Easement(s) to Carolina Telephone and Telegraph Company recorded in Book 639, Page
200, aforesaid records.
9. Telephone line easement to Southern Bell Telephone & Telegraph Company recorded in
Book 1133, Page 420, aforesaid records.
10. Reciprocal Drainage and Access Easements Agreement recorded in Book 3981, Page
324, aforesaid records, as shown on Survey.
11. Guarantee and Covenant to Maintain recorded in Book 3981, Page 347, aforesaid
records, as shown on Survey.
M LL 1033733 v2
2903665.OM2 07/23/2007

12. General Utility Easement to the City of Wilmington recorded in Book 4119, Page 664,
aforesaid records, as shown on Survey.
13. Drainage Easements located on the front, sides, and back; 10 Ft. Non -Municipal
Easement along the front and side; 16.79 x 20 Ft. Public Water Line Easement along the
front; and Public Utility Easement along the back, as shown on maps recorded in Map
Book 44, Page 291, and Map Book 45, Pages 85-86, aforesaid records, as shown on
Survey.
M LL 1033733 v2
29036854=002 07/23/2007

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-'I 007640' E N 055 I
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m MONKS CORNER
.��P�EEro 303T z DIV.ISIDN i AND LEGEND
DATE of NOeM f.VRN1NM1 70 / / £ CIRFE I I; CITY OF WILMINGTON ' MAP BOOK 39
MAP BOOK 34 PAGE 322 IS
PUMP PAGE 152
�� 'I � ►I �: STATION SITE) p,w PUBLIC RIGHTS -OF -WAY - - - PROPERTY UK
I ICYEMIR�YN�iItCPM I (, R. 790.9R 0
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M9PMFG ev¢M: ME 1111R OAT ANO AGNN¢aEDam Y1 1 e (PRIVATE)1'I AND EASEMENTS - CENTERLINE
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Ie � o`Tv F TRACT 3A, SECTION 2 S 03•47'02" E y
1i l W I GATEWAY BUSINESS
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II-ITS-o 14pT IIA92DMER COUNTY. NO p I RETENTION POND PROPERTY CORDER
m ,�F A�xxkTTx pyJaWeK �' ' / WILMINGTON WILMINGTON TOWNSHIP 0
-COMMON AREA -
I MAP BOOK 34 PAGE 322 wUL` - 1p'g� 1" 56 0 OLD IRON PIN (O.I.PIN)
TxE MRDYE fp xmm t>alnFr I Z62ZE PwG \C NEW HANOVER COUNTY ❑ MONUMENT IN CASTING (AS NOTED)
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T„r v Twao OEAWL BTAL TITS / S 20' 100 0 100 200 30 Q FIRE HYDRANT
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gEpFFREy IJWO= `- NC 132/MARKET STREET SCALE; I" = 100' CA p '* ® B A K FLOER REV
NOTARY pU611C N.C. HIGHWAY 132 (S. COLLEGE RD.) .t OFESSr a, BACK FLOW BUTTON
CB2L
NEW INTERCHANGE (OFF RAMP) � _ �� ae SPAL� , Y FIRE IDSTRUBUTION CONTROL (FOC)
NOTES, DEVELOPED BY. � 099
VARIABLE WIDTH RIGHT-OF-WAY ® 5' DIAMETER PUMP STATION (P.S.)
L ALL STREETS ARE OFFERED FOR SHERWIN D. CRIBB
DEDICATION TO THE PUBIC, UNLESS SHOWN SURVEY REFERENCE WALMART REAL ESTATE BUSINESS TRUST N.C. PROFESSIONAL LAND SURVEYOR L-1099
OTHERWISE. I - GATEWAY BUSINESS PARK SECTION 3, ETC. 1144 SHIPYARD BLVD. •rv/N 0 G�
2. THERE IS A LO' WIDE NON -MUNICIPAL MAP BOOK 39 PAGE 126 WILMINGTON,NC 28412 MRMFIMTNx
EASEMENT ADJACENT TO THE STREET
RIGHT -OF -WRY RLONG ALL STREET 2 -MAP ROOK 34 PAGE 322 910-791-0080
FRONTAGES UNLESS SHOWN OTHERWISE.
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RECORDED BY
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BBRRAINAM
EASEMENT 'C'
454-451
N 81.15'S2' W
35.95'
451-452
N 38.06'22' E
469.89'
45E—E46
N 85'10'81• W
324.4E'
246-260
N 21•3M' W
2846'
E60-243
N 67.48'06' E
30A0'
E43-E40
S E1.33'S4' E
419'
940—M
S 85 M' E
3LBAW
239-453
S 39%22' E
464.4E'
453—M
S 81.151S2' V
10.38'
26-454
S 21'56.13' E
30.91'
PUBLIC
DRAINAGE
EASEMENT 'D'
270-247
N 21'33'54' V
142.04'
247-E72
S 67'5741' W
296W
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654yM&73'
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27"
251-25E
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30A0'
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172.4W
55-M
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2887'
242-241
N 68.0"W E
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E41-244
S 21.3354' E
172.15'
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S 67'49.43' V
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(MAGNETIC)
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N.C. HIGHWAY 132 (S. COLLEGE RD.) NC 132/MARKET STREET
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MAP BOOK 39
PAGE 152
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• WV SPIKE SET ONES)
O PROPERTY CORNER
O OLD DRON PIN (O.I.PIN)
❑ M13MUMENT IN CASTING (AS NOTED)
X,f SANITAR SEWER CLEAN OUT (SSCO)
8 WATERVALVE (WV)
❑ FIRE HYDRANT
® SANITARY MANHOLE (SM)
® WATERMETER (WM)
4 BpCK FLOW PREVENTER (BFP)
5' DIAMETER PUMP STATION (P.S.)
00C BACK OF CURB
TRACT 'A'
MONKS CORNER DIVISION PUBLIC DRAINAGE EASEMENTS
MAP BOOK 39 PAGE 152 MAP OF SURVEY FOR
OUTLOTS 1, 2, & 3
AND
PUBLIC RIGHTS -OF -WAY
AND EASEMENTS
AT
GATEWAY BUSINESS PARK
WILMINGTON WILMINGTON TOWNSHIP
NEW HANOVER COUNTY
NORTH CAROLINA OCTOBER 14TH, 2003
100 0 100 no 300
Scale 1" = 100'
p SEAL '
T( 4, -- L-1090 _€
SHERWIN D. CRIBB
s4+�mm
N.C.PROFESSIONAL LAND SURVEYOR L-1099
1144 SHIPYARD BLVD.
WILMINGTON,NC 28412
910-791-0080

FREELAND and KAUFFMAN, INC.
ENGINEERS - LANDSCAPE ARCHITECTS
July 3, 2001
Noelle Lutheran
Environmental Technician
NCDENR
Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive, Ext.
Wilmington, N.C. 28405
Re: Wal-Mart Store # 1392-00
. Permit Number SW8 990423
Dear Noelle:
ffl 7
t Iffiliate
" JUL
' Q. 9 2091 Freeland -Kauffman
and Predeen, Inc.
n Oentothville.Arkansas
We are in receipt of a copy of a letter dated June 15, 2001 that your office sent to Wal-Mart
Stores Inc. regarding the pond on Wal-Mart Store # 1392 in Wilmington, N.C. Having reviewed
the letter we wanted to get back to you and let you know the status of what is being done to
address these issues.
The letter- listed several compliance issue and required actions that are as follows:
1) The outlet structure is not constructed according to the plans and the bank behind is
eroding. Response — We made a site inspection in March of this year and performed.
a field survey of the outlet to verify that it is functioning properly. The outlet as shown
on the plans was to be a square outlet with 3"x9" orifice at elev. 33.23, a 5'x6" orifice
at elev. 34.3, and a top of 37.2. The outlet was installed as circular with the lower
orifice and upper being the length and height as required and the top being slightly,
lower that 37.2. (our survey shows the top to be about 1.0 foot low. We've run new
calculations using the outlet as installed and found that the design still complies with
the approved permit. We certified this to your office in our letter dated March 6,
2001 and on the certification included with that letter. That information was sent to
Linda Lewis. If you still require -additional calculations please let us know. Miller
Building has been contacted regarding the grassing and eroded areas and have
agreed to repair these areas.
2) Please seed side slopes of the pond with permanent vegetation. Response — We
contacted Miller Building to let them know that they need -to make sure the erosion
209 West Stone Avenue - Greenville, South Carolina 29609 - Telephone [phone] - Fax [phone]

control blankets.are installed along with the permanent seeding as specified on the
plans.
3) Please explain purpose of the pipe entering the main pond. Response — We are not
aware of a pipe. We've contacted Miller and they are not aware of one either but said
they would investigate to see if someone tied in without our knowledge. As soon as
we know something we will forward that information on to you.
Miller has agreed to address these problems as quickly as they can and we will let you know if
there are any problems. If you have any questions or require additional information please do not
hesitate to call.
Sincerely,
e7Lf z I t ;;f �'
Scott K. Stannard, P.E.
Cc: B.J. Hicks, Wal-Mart Stores Inc.
Jasper Newman, Miller Building Inc.

FREELAND and KAUFFMAN, INC.
ENGINEERS • L4NDSC.4PEARCHIrEC7S
s
March 6, 2001 MAR A 8 2001
Nis. Linda Lewis
North Carolina Department of Environment
and Natural Resources .
Division of Water Quality
.127 Cardinal Drive Ext.
Wilmington, N.C. 28405
Re: Wilmington, NC
Wal-Mart Store #1392
Permit No. SW8 990423
Dear Ms. Lewis:
t
Affiliate
Freeland -Kauffman
and Fredeen, Inc.
Bentonville, Arkansas
Enclosed is the pond certification for the new Wal-Mart store on Market Street. Please
review this information and let us know if there is any additional information you require.
Please do not hesitate to call if you need anything.
Scott K. Stannard, P.E.
209 West Stone Avenue a Greenville, South Carolina 29609 • Telephone [phone] • Fax [phone]