HomeMy WebLinkAboutSW7100801_HISTORICAL FILE_20210513STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW mo
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMM DD
ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
BRIAN WRENN
Director
Bobbie N. Redding
1100 Clarendon St.
Box F
Fayetteville, NC 28305
Subject:
Dear Bobbie Redding:
NORTH CAROLINA
Environmental Quality
May 13, 2021
Stormwater Permit Renewal/Ownership Change
Stormwater Management Permit SW7100801
Dollar General — Roper, NC
Washington County
W 6\ r-ID
A Division of Energy, Mineral, and Land Resources file review has determined that
Stormwater Permit SW7100801 for a stormwater treatment system consisting of a
constructed wetlands basin serving the Dollar General Store located on HWY 32 in
Roper, NC expires on December 31, 2021. Based on a search of the Washington
County tax records, it appears that you now own this property. A stormwater permit was
originally issued to Mink Creek Investments, LLC for this project. Stormwater permits do
not automatically transfer when property is sold.
North Carolina General Statutes and the Coastal Stormwater rules require that this
property be covered under a stormwater permit. Failure to maintain a permit subjects
the permittee/owner to assessment of civil penalties. Permit renewal applications are
due 180 days prior to expiration. We do not have a record of receiving a renewal or
transfer of ownership application.
Please submit a completed permit renewal application and a transfer of ownership
application along with a $505.00 fee. Permit application forms for renewal and
ownership transfer can be found on our website at:
https://deq. nc.gov/abouVdivisions/energy-mineral-and-land-
resou rces/sto rmwate r/sto rmwater-prog ram/post-construction-2.
If you have questions, please feel free to contact me at (252) 948-3923. 1 will be glad to
discuss this by phone or meet with you. If you would like, I can e-mail you a copy of the
application forms. You can request a copy by e-mailing me at
roper thorpe(cDncdenr aov.
Sincerely,
Roger K. Thorpe
Environmental Engineer
ccxv North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Washington Regional office 1 943 Washington Square Mall I Washington, North Carolina 27889
252.946.6481
,
. xi; W,7-w
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Mr. Robert M. Broadway, President
Mink Creek Investments, LLC
132 Holmes Ave. NW
Huntsville, AL 35801
Dear Mr. Broadway:
Division of Water Quality
Coleen H. Sullins
Director
August 17, 2010
Subject: Stormwater Permit No. SW7100801
Dollar General - New Retail Store, Roper, NC
High Density Commercial Wet Pond Project
Washington County
Dee Freeman
Secretary
The Washington Regional Office received a complete Stormwater Management Permit Application for
Dollar General - New Retail Store, Roper, NC on August 16, 2010. Staff review of the plans and
specifications has determined that the project, as proposed, will comply with the Stormwater
Regulations set forth in Session Law 2008-211 and Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW7100801 dated August 17, 2010, for the construction of the subject project.
12-i9/ la-/
This permit shall be effective from the date of issuance until August 17, 2020, and shall be subject to
the conditions and limitations as specified therein. Please pay special attention to the Operation and
Maintenance requirements in this permit. Failure to establish an adequate system for operation and
maintenance of the stormwater management system will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adfudicatory hearing upon written request within thirty (30) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer
27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and
binding.
If you have any questions, or need additional information concerning this matter, please contact Scott
Vinson, or me at (252) 946-6481.
S ncer I ,
Al Ho ge
Regional Supervisor
Surface Water Protection Section
AH/ sv: K:\WQS\SAV\STORMWATER\PERMIT\SW7100801
cc: Jerry Cargile, PE c/o Matthew Gillespie, El —4 Site, Inc.
Washington County Building Inspections
—N/ashington Regional Office
Central Files
Noun Carolina Division of Water Quality Internet: yvvm.nmaterqualay.org One
943 Washington Square Mall Phone: 252-946-64811 FAX: 252-946-9215 NorthCarolina
Washington, NC 27889 FAX: 252-946-9215 a �Gln��lNn //I ,
An Equal Opportunity l Affirmative Action Employer ��/it
State Stormwater Management Systems
Permit No. SW7100801
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Mink Creek Investments, LLC
New Retail Store, Roper, NC Hwy 32
on Hwy 32, Roper, Washington County
FOR THE
construction, operation and maintenance of a constructed wetland treatment system in
compliance with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000
(hereafter referred to as the "stormwater rules') and the approved stormwater
management plans and specifications and other supporting data as attached and on file
with and approved by the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until August 17, 2010, and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.7 of this permit. The stormwater control has been
designed to handle the runoff from 33,628 square feet of impervious area.
3. The tract will be limited to the amount of built -upon area indicated in Section I. of
this permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
6. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent surface waters.
Page 2 of 7
State Stormwater Management Systems
Permit No. SV 7100801
7
The following design criteria have been provided in the constructed wetland
system and must be maintained at design condition:
a. Drainage Area, ft2:
b. Total Impervious Surfaces, ft2:
C. Design Storm, inches:
d. Permanent Pool (PP)Elevation, FMSL:
e. Shallow Water (PP) Surface Area, ft2:
f. Temporary Pool (TP) Elevation, FNj2SL:
g. Shallow Land (TP) Surface 5rea, ft
h. Required Storage Volume, N:
i. Provided Storage Volume, ft
j. Controlling Orifice:' 2.
k. Permitted Forebay Area, ft2:
I. Receiving Stream/River Basin:
M. Stream Index Number:
n. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
2
119,703
33,628
1.50
8.50
4,889
9.50
12,000
4,534
9,620
1.50"0 pipe
1,500
Kendrick Creek/Pasquotank
30-9—(2)
"SC'
The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built -upon surface.
During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
The permittee shall at all time provide the operation and maintenance necessary
to assure the permitted stormwater system functions at optimum efficiency. The
approved Operation and Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re -vegetation of slopes and the vegetated filter strip.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, level
spreader, filter strip, catch basins and piping.
g. Access to the outlet structure must be available at all times.
Records of maintenance activities must be kept for each permitted BMP. The
records will indicate the date, activity, name of person performing the work and
what actions were taken.
5. The permittee shall submit to the Division of Water Quality an annual summary
report of the maintenance inspection records for each BMP. The report shall
summarize the inspection dates, results of the inspections, and the maintenance
work performed at each inspection.
6. Access to the stormwater facilities shall be maintained via appropriate
easements at all times.
7. Decorative spray fountains will not be allowed in the stormwater treatment
system.
Page 3 of 7
State Stormwater Management Systems
Permit No. SV 7100801
8. The facilities shall be constructed as shown on the approved plans. This permit
shall become void unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other
supporting data.
9. Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
10. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
11. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Major permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
12. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
13. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
14. A copy of the approved plans and specifications shall be maintained on file by
the Permittee at all times.
III. GENERAL CONDITIONS
This permit is not transferable except after notice to and approval by the Director.
In the event of a change of ownership, or a name change, the permittee must
submit a completed Name/Ownership Change form, to the Division of Water
Quality, signed by both parties, and accompanied by supporting documentation
as listed on page 2 of the form. The project must be in good standing with the
Division. The approval of this request will be considered on its merits and may or
may not be approved.
2. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the transfer request.
Page 4 of 7
State Stormwater Management Systems
Permit No. SV 7100801
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
5. In the event.that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
7. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re -issuance or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules and regulations contained in Session Law 2008-
211, Title 15A NCAC 21-1.1000, and NCGS 143-215.1 et.al.
11. The permittee shall notify the Division of any name, ownership or mailing
address changes at least 30 days prior to making such changes.
12. This permit shall be effective from the date of issuance until August 17, 2020.
Application for permit renewal shall be submitted 180 days prior to the expiration
date of this permit and must be accompanied by the processing fee.
Permit issued this the 17t" day of August, 2010.
CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Stormwater Permit No. SV 7100801
Page 5 of 7
State Stormwater Management Systems
Permit No. SV 7100801
Dollar General — New Retail Store, Roper, NC Hwy 32
Stormwater Permit No. SW7100801
Washington County
Designer's Certification
I, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/ weekly/ full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is included in the Certification.
Noted deviations from approved plans and specification:
Signature
Registration Number
Date
SEAL
Page 6 of 7
State Stormwater Management Systems
Permit No. SV 7100801
Certification Requirements:
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
15. The required system dimensions are provided per the approved plans.
cc: NCDENR-DWQ Washington Regional Office
Washington County Building Inspections
Page 7 of 7
DWQ USE ONLY
(;lr.-tF Q b51 Fee Paid
Permit Number
350o 0-4
a
S
Dqo
SW -1995 Coastal SW-
Applicable R }y; O RIPE Coastal
(select all that app y) '[7`�PECoastal SW- HQWjtORW Waters
r WQ M mt Plan:
2008 ❑ Ph II - Post Construction
❑ Universal Stormwater Management Plan
State of North Carolina „f
Department of Environment and Natural Resources W �,t,� � (,
Division of Water Quality "o
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
1. GENERAL INFORMATION
1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc,):
Nee,, Qe Fes. I S-iv.p- , top t. , N C Hw ti 3z
2. Location of Project (street address):
City: (Lc e-r County: �1aSh 7nq io n
3. Directions to project (from nearest major intersection):
Zip:
Z East
a /oYiieGfe/ .3.ZSAi;ley rf'C iJ loea�ec( 30� �a5t aF
�✓t o (�,/e t /lot d' NG A,, 3 2 f/t i,vs a c ticn
4. Latitude: -?s ° 52 ' 29 " N Longitude: 76 37 ' 1-7 " W of the main entrance to the project.
II. PERMIT INFORMATION:
1. a. Specify whether project is (check one): [ New ❑Modification
b.lf this application is being submitted as the result of a modification to an existing permit, list the existing
permit number , its issue date (if knowin) and the status of
construction: ❑Not Started ❑Partially Completed* ❑ Completed* *provide a designer's certification
2. Specify the type of prof (check one):
❑Low Density rgh Density ❑Drains to an Offsite Stormwater System ❑Other
3. If this application is being submitted as the result of a previously returned application or a letter from DWQ
requesting a state stormwater management permit application, list the stormwater project number, if
assigned, and the previous name of the project, if different than currently
proposed,
4. a. Additional Project Requirements (check applicable blanks; information on required state pennits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
❑CAMA Major ]Sedimentation/Erosion Control: 1.7q ac of Disturbed Area
❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts
b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:
FormSWU-101 Version06May2010 -Page I of
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III. CONTACT INFORMATION
1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee,
designated govenunent official, individual, etc: who owns the projectl:
A."L Cr S rw e ... s L L L
Signing Official &
b.Contact information for person listed in item la above:
StreetAddress: l 3 Z "0\`^^ 0,S, A- - 1�) tJ
City: State: �- Zip:
Mailing Address (if applicable):
City: State: Zip:
Phone: (2 A( Fax:
`
Email: tnov. Oros .\,.>w�) C? 6nV�J,.uCl-2 ctv,-X - c
c. Please check the appropriate box. The applicant listed above is:
❑ The property owner (Skip to Contact haformation, item 3a)
❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
Purchaser* (Attach,a copy of the pending sales agreement and complete Contact Information, item 2a and
b below)
Developer* (Complete Contact Information, item 2a and 2b below.)
2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization: e6
Signing Official & Title: & ec,Ar t x .4 e, d' �^ � `� Sr. Z-54,'Z
b.Contact information for person listed in item 2a above:
StreetAddress: ?- Z "I 3 / tv e�
City: 1L-7V11"V11kC1 � C1 State: i-1 Zip: 'i
Mailing Address (if applicable):
City:_
Phone:
Fax: ( 1
3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization:
Signing Official &
b.Contact information for person listed in item 3a above:
Mailing Address:
City: S
Form SWU-101 Version 06May2010 Page 2 of 7
Phone:
Fax:
4. Local jurisdiction for building pen nits: (✓r� 4. f2cjks—
Point of Contact: / <s.,— Sc E4 erS Phone #: ( Z 5 Z 1 �:� 3
IV. PROJECT INFORMATION
1. Lithe space provided below, briefly summarize how the stormwater runoff will be treated.
r'HnrEf trill be di1-evfe0( fa G /)e,v 5fef-n,�44r,
��/anol G.nCfiuc{eei u(o.v9 jj!�,t w eSt Side ok 411& e"ec,! •s
coe41" Will -1-wvt d i-c(casc 4,e /•5' ru.%o{f w"4t.:A Z-5, tlayt.
2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
❑ Approval of a Site Specific Development Plan or PUDApproval Date:
❑ Valid Building Permit Issued Date:
❑ Other: Date:
b.Identify the regulation(s) the project has been designed in accordance with:
❑ Coastal SW -1995 ❑ Ph II - Post Construction
n � �" s�enMw�t=l
3. Stormwater runoff from this project drains to the 1" ws%r atlti•,,�'C River basin. wetly
4. Total Property Area: f 9 J acres 5. Total Coastal Wetlands Area: acres
6. Total Surface Water Area: 0.11 acres
7. . Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area':
1.80 acres
Total project area shall be calculated to exclude the followin : the non al pool of imppmmded structures, the area
bet banks the banks of streams and ricers, the wren below the ormal High Water (NHW) line or Men High Water
(MHW) line, and coastal wetlands l ndzoard from the NHW (or MHW) line. The resnitant project area is used to
calculate overall percent built upon area (BUA). Non -coastal wetlands landward of the NHW (or MHW) line may be
included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 7 'y.
9. How many drainage areas does the project have?. Co (Foe high density, count 1 for each proposed
engineered Stormwater BMP. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Form SWU-101 Version 06May2010 Page 3 of 7
Basin viformation -
Drainage Area I
Drainage Area?
Drainage Area 3
Drainage Area i
Rec&iving Stream Name
KfitoLr; c<
A^4-
Stream Class *
SG
f C.
Sc-
SC
Stream Index Number*
O-9 2
30' Z
3 0 - 7— K2-J
30
Total Drainage Area (so
52 2 Y
61617
13 yZ 8
3 9 ZS )
On -site Drainage Area (so
5,2z
6/6
/3 y23
ZS/
Off -site Drainage Area (so
0
CO
Proposed Impervious Area** (so
0
_(� (,
12,1502
% Impervious Area** (total)
0,71
/ O
y33
3 y
Im ervious***.Surface Area' ,; .
Draina e Area -
Draina e Area Z
Draina e Ar'e_ a _
Draina e.Area..
On -site Buildings/Lots (so
sd
P
415'm0
y5O 0
On -site Streets (so
On -site Parking (so
t 6
75.3 f
7b 2
On -site Sidewalks (so
ly 71
7 )
Other on -site (so
r0
y60 (Ac
Future (sf)
Off -site (sf)
10fQ
Existing BUA*** (sf)
56
0
91
SD
Total (so:
0
(0/69
/Zt SOz
/3 37
Stream Class and index Number can be determined at: h�://yortal ncdenr.orghoeb/ror)[ps/csu/classi tcntions -r }-3.2)Dgff
* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
** Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that is
to be removed and which will be replaced by new BUA.
11. How was the off -site impervious area listed above determined? Provide documentation. N�iq
Projects in Union County: Contact OWQ Central Office staff to check if the project is located within a Threatened &
Endangered Species watershed that may be subject to more stringent stormwater requirements as per NCAC 02B .0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from http://12ortal.iicdenr.org/web/wq/ws/su/bnnp-manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. A detailed application instruction sheet and BMP
checklists are available from htto://12ortal.iicdenr.org/web/wq/ws/su/statesw/forms docs. The complete
application package should be submitted to the appropriate D WQ Office. (The appropriate office may be
found by locating project on the interactive online map at ham://portal.ncdenr.org/web/wq/ws/su/mals.)
Please indicate that the following required information have been provided by initialing in the space provided for
each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for
each submitted application package from htto://12ortal.ticdenr.oi-g/web/wq/ws/su/statesw/forms docs.
luitials
1. Original and one copy of the stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part V11 below)
3. Original of the applicable Supplement Form(s) (sealed, sietned and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to
htto: / /www.envhelp.orgLpages/onestopexpress.html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
yA
FormSWU-101 Version06May2010 Page 1/of7
1�L 5y� 3162T
uLsygpl= 11%'705
Basni hnformation
f
,Draina e Arca --
, .....,
Diama e tlica -
D_raina eArei-.
Drainagie Area:...'.
Receiving Stream Name
Mat
�As%a
Stream Class *
fG
SG.
Stream Index Number *
30 - z
30 - f- 2-
Total Drainage Area (sf)
/ . 7 3 S
3S4 S 5-7
On -site Drainage Area (so
/ 73 S
3 95
Off -site Drainage Area (sf)
f6
Proposed Impervious Area** (sf)
s3
Impervious Area** (total)
f`,
,I i crvtous a!Suiface'Area,r, , ,,;
;D aina` e'lreaZ -7
jDiain' e''Area E
D amag"eAiea
Dr inageArea_-"
On -site Buildings/Lots (so
10
On -site Streets (so
99
On -site Parking (so
09
!�
On -site Sidewalks (so
�Q
Other on -site (sf)
Future (sf)
10
Off -site (so
S6
Existing BUA*** (sf)
.
Total (sf):
* Stream Class and Index Number can be determined at: http://portal.nedeur.org/eoebhog(ps/csu/classi cations
* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
** Report only that amount of existing BUA that will remain after development. Do not report any existing BLIA that is
to be removed and which will be replaced by new BUA. .fr
11. How was the off -site impervious area listed above determined? Provide documentation. rJ4
Proiects in Union County: ContactDWQ Central Office staff to check if the project is located within a Threatened &
Endangered Species watershed that may be subject to more stringent stormwaier requirements as per NCAC 02B .0600.
V. SUPPLEMENT AND O&M FORMS
The applicable state stornwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from http://12ortal.ncdenr.org/web/wq/ws/su/bmp-manual.
VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. A detailed application instruction sheet and BMP
checklists are available from http://12ortal.ncdenr.org/web/wq/ws/su/statesw/forms does. The complete
application package should be submitted to the appropriate DWQ Office. (The appropriate office may be
found by locating project on the interactive online map at http:/ /portal.ncdenr.org/web/wq/ws/su/nnak.)
Please indicate that the following required information have been provided by initialing in the space provided for
each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for
each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms does.
Initials
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part VII below)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP.
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to
http //www.envheII2.org/12ages/onestol2express.htnil for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
Form SWU-101 Version 06May2010 Page/of 7
'S. A detailed narrative (one to two pages) describing the stormwater treatment/management for �I
the project. This is required in addition to the brief summary provided in the Project
Information; item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the /'/-
receiving stream drains to class SA waters within 'h mile of site boundary, include the lh
mile radius on the map. See so,/ A?A�Poif 1A4P %s 4v1Y-AcAeP0
7. Sealed, signed and dated calculations. A 6-
8. wo sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: 'Iq Cr
tea. Development/Project name.
fib. Engineer and firm.
✓c. Location map with named streets and NCSR numbers.
✓d. Legend.
✓ e. North arrow.
✓f. Scale.
✓g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
✓k. Existing contours, proposed contours, spot elevations, finished floor elevations.
✓1. Details of roads, drainage features, collection systems, and stormwater control measures.
in. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
✓n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations.
✓o. Drainage areas delineated (included in the main set of plans, not as a separate document).
1//19 p. Vegetated buffers (where required).
✓9. Copy of any applicable soils report with the associated SHWT elevations (Please identify
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5"xl l " copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected 'infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit for DWQ to verify the SHWT prior
to submittal, (910) 796-7378.) //
10. A copy of the most current property deed. Deed book: 3 + Page No: b S3
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item la, 2a, and/or 3a per NCAC 21-1.1003(e). The
corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
http://www.secretary.state.nc.us/Cori2oratioiis/CSearch.aslpx
VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions_and
protective covenants forms can be downloaded from
http: / /portal.ncdenr.org web/wq/ws/su/statesw/forms dots. Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all parties and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DWQ, and that they will be recorded prior to the sale of any lot.
Form S W U-101 Version 06May2010 Page 5 of 7
.VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer: VP✓i�j CA. g;/'o� lf.e. C6/0 MA'fKew &;Ilese�e
Consulting Finn: ysi f e-
Mailing Address:
7S�o 5. /!'(eJslOrl.11 Pkwy
Sfr. 20 9 ,
(� Mtn }S v; Ile ,�
City:
State:G
Zip: 3580 Z
Phone: ( 25'6
Jr3 /- !22_
Fax: ( 25<a
) S3 %-/Z 2 0
Email: Mai'' (fCe"e 0 inc . biz
J
IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, coniplete this
section)
I, (print or type name of person listed in Contact Information, item 2a) certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item la) with (print or type name of organization listed in
Contact Information, item 1b) to develop the project as currently proposed. A copy of
the lease agreement or pending property sales contract has been provided with the submittal, which indicates the
party responsible for the operation and maintenance of the stormwater system.
As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to
me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a
completed Name/Ownership Change Form within 30 days; otherwise I will be operating a Stormwater treatment
facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid
permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including
the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
a Notary Public for the State of . County of
do hereby certify that personally appeared
before me this _ day of and acknowledge the due execution of the application for a
stormwater permit. Witless my hand and official seal,
SEAL
My commission
Form S W U-101 Version 06May2010 Page 6 of 7
r
-� - �
.-�n.
_ � _ .. i; . , �..
c
j_ � - r � � �
X. APPLICANT'S CERTIFICATION�-
r, (print or type name of person listed in Contact Information, item 2) b
certify that the information included on this permit application form is, to the best of my knowledge, correcl nd
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenant • and that the proposed project complies with the requirements of the
applicable stormwater n. der 15A 2H .1000, SL 2006-246 (Ph. II - Post Construction) or SL 2008-211.
Signature: e� D�atQe,,, - 'L �Iv
I, QhI lGU> A �,AM57� Q a otaarryP�u�blic for the State of �uYJyLL ram, County of
(��ppy�,{{�� do hereby certify that pl!y personally appeared
beforebefore�l�e"day of w 10, and acknowledge the due execution of the application for a
stormwater permit. Witness my hand and offal seal, ��YYI/VfLLYr(LY xw*u
SEAL
My commission expires 2 I �' M i
Form SWU-101 Version 06May2010 Page 7 of 7
___
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Sw-1 I
Rw EXPRESS
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�pF `N A rf9p
No
NCDENR AUG 0 2 2010
��' Y
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
NC DENR
401 CERTIFICATION APPLICATION FORM
WETLAND SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part /I/) must be printed, filled out and submitted along with all the required information.
(:,;PROJECT INFORMATION
Project name
Roper, NC New Retail Store
Contact name
Matthew Gillespie
Phone number
256-539-1221
Date
July 26, 2010
Drainage area number
DEV 1-6
IfcDESIGNINFORMATION
Site Characteristics
Drainage area
119,703.00 ft'
Impervious area
33,628.00 112
Percent impervious
28.1% %
Design rainfall depth
1.50 inch
Peak Flow Calculations
1-yr, 24-hr rainfall depth
3.50 in
1-yr, 24-hr intensity
2.94 inthr
Pre -development 1-yr, 24-hr runoff
2.24 ft'/sec
Post -development 1-yr, 24-hr runoff
0.10 ft'/sec
Pre/Post 1-yr, 24-hr peak control
-2.14 ft'/sec
Storage Volume: Non -SA Waters
Minimum required volume
4,534.00 ft'
Volume provided (temporary pool volume)
9,620.00 ft' OK
Storage Volume: SA Waters Parameters
1.5" runoff volume
ft3
Pre -development 1-yr, 24-hr runoff volume
ft3
Post -development 1-yr, 24-hr runoff volume
ft3
Minimum volume required
ft3
Volume provided
h3
Outlet Design
Depth of temporary pool/ponding depth (DPI,,,,,)
12.00 in OK
Drawdown time �
2.10 days OK
Diameter of orifice
1.50 in Drawdown orifice diameter may be insufficient. Please provide
adequate supporting calculations.
Coefficient of discharge (Cc) used in orifice diameter
0.60 (unitless)
calculation
Driving head (Ho) used in the orifice diameter calculation
0.94 ft OK
Form SW401-Wetland-Rev.6-1 Ill Me , Pans I and II. Project Design Summary, Page 1 of 3
Surface Areas of Wetland Zones
Surface Area of Entire Wetland
12,000.00 it'
OK
Shallow Land
. 4,761.00 ft'
OK
The shallow land percentage is:
40% %
Shallow Water
4,889.00 ft'
OK
The shallow water percentage is:
41% %
Deep Pool
Forebay portion of deep pool (pretreatment)
1,500.00 ft'
OK
The forebay surface area percentage is:
13% %
Non-forebay portion of deep pool
- 850.00 ft
OK
The non-forebay deep pool surface area percentage is:
7% %
Total of wetland zone areas
12,000.00 ft'
OK
Add or subtract the following area from the zones
0.00 ft2
Topographic Zone Elevations
Temporary Pool Elevation (TPE)
Shallow Land (top)
9.50 ft amsl
Permanent Pool Elevation (PPE)
Shallow Water/Deep Pool (top)
8.50 ft amsl
Shallow Water bottom
8.00 ft amsl
Most shallow point of deep pool's bottom
6.00 it amsl
Deepest point of deep pool's bottom
6.00 ft amsl
Design must meet one of the following two options:
This design meets Option #1,
Y (Y or N)
Top of PPE is within 6" of SHWT, If yes:
SHWT (Seasonally High Water Table)
8.00 tt amsl
OK
This design meets Option #2,
N (Y or N)
Wetland has liner with permeability < 0.01 in/hr, If yes:
Depth of topsoil above impermeable liner
6.00 in
OK
Topographic Zone Depths
Temporary Pool
Shallow Land
12.00 in
OK
Permanent Pool
Shallow Water
6.00 in
OK
Deep Pool (shallowest)
30.00 in
OK
Deep Pool (deepest)
30.00 in
OK
Planting Plan
Are rattails included in the planting plan?
N (Y or N)
OK
Number of Plants recommended in Shallow Water Area:
Herbaceous (4' cubic -inch container)
1.250
Number of Plants recommended in Shallow Land Area: -
Herbaceous (4'cubic-inch container), OR
1,200
Shrubs (1 gallon or larger), OR
192
Trees (3 gallon or larger) and Herbaceous (4+cubic-inch)
24 and
960
Number of Plants orovided in Shallow Water Area:
Herbaceous (4'cubic-inch container)
1,415
OK
Number of Plants orovided in Shallow Land Area:
Herbaceous (4' cubic -inch container)
1,376
OK
Shrubs (1 gallon or larger)
0
More required if not planting herb, and/or trees.
Trees (3 gallon or larger) and
0
More required if not planting herb. and/or shrubs.
Grass -like Herbaceous (4+cubic-inch)
0
More recommended if planting trees.
Form SW401-Wetland-Rev.6-11/16/09 Parts I and 11, Project Design Summary, Page 2 of 3
Additional Information
Can the design volume be contained?
Y
(Y or N)
OK
Does project drain to SA waters? If yes,
N
(Y or N)
Excess volume must pass through filter.
What is the length of the vegetated filter9
Ho
It
Are calculations for supporting the design volume provided in the
y
Y or N
( )
OK
application?
Is BMP sized to handle all runoff from ultimate build -out?
Y
(Y or N)
OK
Is the BMP located in a recorded drainage easement with a
Y
(Y or N)
OK
recorded access easement to a public Right of Way (ROW)?
The length to width ratio is:
2.20 :1
OK
Approximate wetland length
180.00
It
Approximate wetland width
82.00 ft
Approximate surface area using length and width provided
74,760.00 ft'
This approx. surface area is within this number of square feetof
the entire wetland surface area reported above:
Will the wetland be stabilized within 14 days of construction?
Y
(Y or N)
OK
Form SW401-Wetland-Rev.6-11/16/09 Pans I and II. Project Design Summary, Page 3 of 3
Permit No.
(to be provided by DWO)
1111. -REQUIRED ITEMS CHECKLIST.; a
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.
Initials Page/ Plan
Sheet No.
MG C7 & C8 1. Plans (V - 50' or larger) of the entire site showing:
- Design at ultimate build -out,
- Off -site drainage (if applicable),
- Delineated drainage basins (include Rational C coefficient per basin),
- Wetland dimensions (and length to width ratio),
- Pretreatment system,
- Maintenance access,
- Proposed drainage easement and public right of way (ROW),
- Overflow device, and
- Boundaries of drainage easement.
MG C7 & C8 2. Plan details (V = 50' or larger) for the wetland showing:
- Wetland dimensions (and length to width ratio)
- Pretreatment system;
- Maintenance access,
Proposed drainage easement and public right of way (ROW),
Design at ultimate build -out,
Off -site drainage (if applicable),
Overflow device, and
Boundaries of drainage easement.
MG C8 3. Section view of the wetland (1" = 20' or larger) showing:
- Side slopes, 3:1 or lower
- Wetland layers
All wetlands: Shallow land depth, shallow water depth, deep pool depth
Option 1, no clay liner: SLWT depth
Option 2, clay liner: Depth of topsoil on top of liner, liner specifications
MG
L1 & L2
4. A detailed planting plan (1"= 20' or larger) prepared by a qualified individual showing:
- A variety of several suitable species (not including cattails),
- Sizes, spacing and locations of plantings,
- Total quantity of each type of plant specified,
- A planting detail,
- The source nursery for the plants, and
- Fertilizer and watering requirements to establish vegetation.
MG
C7
5. A construction sequence that shows how the wetland will be protected from sediment until the entire
drainage area is stabilized.
MG
HYDRO
6. The supporting calculations (including drawdown calculations).
JM
PERMIT
7. A copy of the signed and notarized operation and maintenance (0&M) agreement.
JM
PERMIT
8. A copy of the deed restrictions (it required).
MG HYDRO 9. A soils report that is based upon an actual field investigation and soil borings. County soil maps are not an
acceptable source of soils information.
SW401-Wetland-Rev.6-11/16/09 Part III, page 1 of 1
EXPRESS
AUG 0 2 2010
Permit Number: S W 1 I on 81DI
(to be provided by DWQ)
Drainage Area Number:
Stpel5g Wetland Operation and Maintenance Agreement
I will keep a maintenance record on this BMP. This maintenance record will be kept in a
log in a known set location. Any deficient BMP elements noted in the inspection will be
corrected, repaired or replaced immediately. These deficiencies can affect the integrity
of structures, safety of the public, and the removal efficiency of the BMP.
Important maintenance procedures:
— Immediately after the stormwater wetland is established, the wetland plants will
be watered twice weekly if needed until the plants become established
(commonly six weeks)-
- No portion of the stormwater wetland will be fertilized after the first initial
fertilization that is required to establish the wetland plants.
— Stable groundcover will be maintained in the drainage area to reduce the
sediment load to the wet detention basin.
— Once a year, a'dam safety expert will inspect the embankment.
After the wet detention pond is established, I will inspect it once a month and within 24
hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal
County). Records of operation and maintenance will be kept in a known set location
and will be available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element:
Potentialproblem:
How I will remediate theproblem:
The entire BMP
Trash/debris is present.
Remove the trash/debris.
The perimeter of the
Areas of bare soil and/or
Regrade the soil if necessary to
wetland
erosive gullies have formed.
remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Vegetation is too short or too
Maintain vegetation at a height of
long.
approximately six inches.
The inlet device: pipe or
The pipe is clogged (if
Unclog the pipe. Dispose of the
swale
applicable).
sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged (if
applicable).
Erosion is occurring in the
Regrade the swale if necessary to
swale (if applicable).
smooth it over and provide erosion
control devices such as reinforced
turf matting or riprap to avoid
future proiems with erosion.
Form SW401-Weiland O&M-Rev.3
Page 1 of 4
is
BMP element:
Potentialproblem:
How 1 will remediate theproblem:
The forebay
Sediment has accunwlated in
Search for the source of the
the forebay to a depth that
sediment and remedy the problem if
inhibits the forebay from
possible. Remove the sediment and
functioning well.
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Erosion has occurred.
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present.
Remove the weeds, preferably by
hand. If a pesticide is used, wipe it
Oil the plants rather than spraying.
The deep pool, shallow
Algal growth covers over
Consult a professional to remove
water and shallow land
50`Z, of the deep pool and
and control the algal growth.
areas
shallow water areas.
Cattails, phragmites or other
Remove the plants by wiping them
invasive plants cover 50%Z of
with pesticide (do not spray) —
the deep pool and shallow
consult a professional.
water areas.
Shallow land remains flooded
Unclog the outlet device
more than 5 days after a
immediately.
storm event.
Plants are dead, diseased or
Determine the source of the
dying.
problem: soils, hydrology, disease,
etc. Remedy the problem and
replace plants. Provide a one-time
fertilizer application to establish the
ground cover if a soil test indicates
it is necessary.
Best professional practices
Prune according to best professional
show that pruning is needed
practices.
to maintain optimal plant
health.
Sediment has accumulated
Search for the source of the
and reduced the depth to 75`Y,
sediment and remedy the problem if
of the original design depth
of the deep pools.
possible. Remove the sediment and
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Form SW401-Wetland O&M-Rev3
Page 2 Of 4
BMP element:
Potentialproblem:
How I will remediate theproblem:
The embankment
A tree has started to grow on
Consult a dam safety specialist to
the embankment.
remove the tree.
An annual inspection by an
Make all needed repairs.
appropriate professional
shows that the embankment
needs repair.
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present.
consult a professional to remove
beavers.
The micropool
Sediment has accumulated
Search for the source of the
and reduced the depth to 75
sediment and remedy the problem if
of the original design depth.
possible. Remove the sediment and
dispose of it in a location where it
will not cause impacts to streams or
the BMP.
Plants are growing in the
Remove the plants, preferably by
micropool.
hand. If a pesticide is used, wipe it
on the plants rather than spraying.
The outlet device
Clogging has occurred.
Clean out the outlet device. Dispose
of the sediment off -site.
The Outlet device is damaged
Repair or replace the outlet device.
The receiving water
Erosion or other signs of
Contact the NC Division of Water
damage have occurred at the
Quality 401 Oversight Unit at 919-
outlet.
733-1786.
Form SW401-Wetland O&M-Rev.3
Page 3 of 4
Permit Number:
(to he provided by DWQ)
acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ of any
problems with the systems or prior to any changes to the system or responsible party.
Project nanze:ljL''^-
BMP drainage area number:
Print
� IOIC� w
t"26 A. 'A / A t—L Gr
Address:
Phone:
ZOIZOIO
Note: The legally responsible party should not be a homeowners association unless more than 50% of
the lots have been sold and a resident of the subdivision has been named the president.
I, ""Aft IIAC�AO �����/� t a Notary Public for the State of
( i�GlYJ2PNYll( County of do hereby certify that
��}�-Q�
�audu�W personally appeared before me this
day of L , (2010 , and acknowledge the due execution of the
forgoing s ormwa er wetland maintenance requirements. Witness my hand and official
seal,
SEAL
My commission expires
Form SW401-Wetland O&M-Rev3
—I) _miq
Page 4 of 4
Vinson, Scott
From: Vinson, Scott
Sent: Thursday, August 12, 2010 7:14 PM
To: mgillespie@4siteinc.biz; Jacob.mossholder@broadwaygroup.net; Hardison, Lyn; Vinson,
Scott
Subject: Dollar General - Roper, NC SW7100801
Matthew & Jacob,
I've finished my review of the Dollar General in Roper, NC project No. SW7100801 and have only one item I need
addressed.
On plan sheet C8 of 11, the Front View of the Weir Box Detail has the elevation of the permanent pool outlet pipe set at
9.00
whereas it should be set at 8.50 fmsl like the side view detail. Please revise this sheet and send me two copies of just
this plan sheet and I will
swap out and issue the SW permit. Please have this to our Office by August 20, 2010.
1 should have the review of the Dollar General in Elizabeth City finished tomorrow.
Thanks,
Scott
*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.
July 26, 2010
NCDENR
Water Quality Division
943 Washington Square Mall
Washington, NC 27889
(252) 946-6481
EXPRESS
AUG 0 2 2010
NC ®ENR
RE: New Dollar General Store, NC Hwy 32, Roper, NC (P10030)
To Whom it May Concern,
VINCORPORATED
7500 S. Memorial Pkwy,
Suite 209
Huntsville, AL 35802
phone 256.539.1221
fax 256,539.1220
We were authorized by The Broadway Group to perform the necessary analysis to evaluate the
storm drainage system and water quality design for the above referenced development.
The area within the proposed study includes the site and those areas contributing runoff to the site.
The proposed development consists of a new 9100 square foot retail store and the associated 30 parking
spaces required. The property consists of 1.91 acres comprised of mixed grasses. The site ranges in slope
from 0.5-10 percent. The site drains to an existing 24" RCP under Buncombe Street. Our runoff will be
directed to a new stormwater wetland constructed per the NCDENR Stormwater BMP Manual. This BMP will
treat the runoff from the new impervious areas and discharge it to this existing 24" RCP. The existing
drainage Swale located along the south side of NC Hwy 32 will need to be shifted to allow for proper
construction of the new BMP.
This existing site hydrology will consist of 3 drainage basins: EX-1 consists of 0.489 acres and drains to the
northeast via an existing drainage Swale. EX-2 consists of 0.834 acres and drains to an existing 24" RCP
running North -South through the southwest corner of the site. EX-3 consists of 1.425 acres and drains
southward to the existing 24" RCP under Buncombe Street. The Post -Developed hydrology consists of 6
drainage basins: DEV-1 consists of 0.12 acres and drains to the existing drainage Swale along NC Hwy 32.
DEV-2 thru DEV-4 consists of 1.351 acres and drains to the new Stormwater Wetland BMP. The discharge
from this BMP will be controlled by a 1.5" Orifice constructed into a 6" SCH 40 PVC into a Weir Box. This
weir box will help control the release rate of the larger storm events and consists of an emergency overflow
incase of clogging. DEV-5 and DEV-6 consists of 1.28 acres and drains to the existing 24" RCP under
Buncombe Street.
Our analysis indicates the post -developed runoff will be equal to or below the pre -developed condition for all
storm events (see next page). Based on this, we do not anticipate any adverse impacts downstream of the
site.
Included within this report and attached by reference are the following data, calculations, and documents:
1. This report which discusses the procedures, design assumptions, results, and conclusions of this
study.
2. Drainage area maps showing the site, and other related data required for analysis and design.
3. Storm Net Input & Output Data
4. Calculations
PROCEDURES
A topographic & "boundary" survey of the site was completed in accordance with the State's requirements
and standards. This survey was provided by Roanoke Land Surveying . This map was used in order to
determine the existing and future drainage basins. A Storm Net hydrologic model was developed utilizing
the SCS method of hydrograph generation. Data developed for this model included soils data, ground cover
land planning engineering surveying landscape architecture
(including impervious area, grass, and trees), time of concentration, and lag calculations. Storm events
modeled were Type III, 24 hour events (including the 1yr, 2yr, Syr, 10yr, 25yr, 50yr, and 100yr storm
events). Rainfall intensities were taken from the IDF curves for Washington County, NC. The Storm Net
program used for this study was developed by Boss International.
RESULTS
The results of this study and the associated design are shown on the Construction Plans and in the HEC-1
Output Data included iri this report. The associated storm sewer has been designed for the predicted peak
discharge for all storm events. The predicted combined runoff as indicated by the attached HEC-1 Output
Data is summarized in the table below.
Total Combined Runoff (cfs)
1Vr
2Vr
5yr
10yr
25yr
50Vr
100Vr
Pre -Developed:
2.2
3.0
4.9
6.1
7.5
8.9
10.4
Post -Developed:
0.1
2.5
4.1
5.1
6.3
7.5
8.7
Wetland HGL:
9.3
9.4
9.6
10.0
10.2
10.3
10.4
The values above indicate that the post -development 1-yr through the 100-yr runoff is less than the pre -
developed conditions. Storm water detention has been provided for this site to help minimize the impact to
the surrounding areas; however detention was not required per the City of Roper, TN.
CONCLUSIONS
This stormwater management study and associated design has been completed in accordance with the
design assumptions and procedures previously stated. The final results of this analysis were utilized in
developing the associated construction plans.
If you have any questions or comments about this study or the associated plans, please contact our office.
Sincer
7 (�
!Jerry argile, PE
Storm Water Report (P10030)
Appendix "A"
01111111111
CAF?0
y SEAL
03660 /
v �•�GIN�
///IIII.11 %
StormNet Summary Input and Output (See Attached Sheets)
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(Roper, NC DG Soil Map)
35'52 34"
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353400 353450 353500 353550 353fi00 35u�^ 111�sn uaisn '+s3800
Map SmIe: 1:2,200 it anted on A size (8.5-x W) sheet.
N Meters
n 0 30 60 120 180
Feet
0 100 200 400 600
USDA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
~ x 5/2/2010
Page 1 of 4
Hydrologic Soil Group —Washington County, North Carolina
(Roper, NC DG Soil Map)
MAP LEGEND MAP INFORMATION
Area of Interest (AD])
Map Scale: 1:2,200 if printed on A size (8.5" x 11") sheet.
Q
Area of Interest (AOI)
The soil surveys that comprise your AOI were mapped at 1:24,000.
Soils
Please rely on the bar scale on each map sheet for accurate map
Soil Map Units
measurements.
Soil Ratings
Source of Map: Natural Resources Conservation Service
A
Web Soil Survey URL: http://websoilsuwey.nres.usda.gov
AID
Coordinate System: UTM Zone 18N NAD83
O
B
This product is generated from the USDA-NRCS certified data as of
the version date(s) listed below.
Q
B/D
Soil Survey Area: Washington County, North Carolina
C
Survey Area Data: Version 8, Jan 9, 2008
(]
CID
Date(s) aerial images were photographed: 8/14/2006
D
The orthophoto or other base map on which the soil lines were
Not rated or not available
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor shifting
Political Features
of map unit boundaries may be evident.
p
Cities
Water Features
0
Oceans
Streams and Canals
Transportation
Rails
N
Interstate Highways
_
�.
US Routes
,.
Major Roads
�V.
Local Roads
USDA Natural Resources Web Soil Survey 5/2/2010
N! Conservation Service National Cooperative Soil Survey Page 2 of 4
Hydrologic Soil Group —Washington County, North Carolina
Roper, NC DG Soil Map
Hydrologic Soil Group
Hydrologic Soil Group— Summary by Map Unit — Washington County, North Carolina
Map unit symbol
Map unit name
Rating
Acres inACI
Percent of AOI
AaA
Altavista fine sandy loam, 0 to 2
percent slopes
C
5.4
50.5%
At
Augusta fine sandy loam
C
2.3
21.4%
Ds
Dragston loamy fine sand
C
1.9
17.6%
Ro
Roanoke loam
D
1.1
10.5%
Totals for Area of Interest
10.6
100.0%
Description
Hydrologic soil groups are based on estimates of runoff potential. Soils are
assigned to one of four groups according to the rate of water infiltration when the
Soils are not protected by vegetation, are thoroughly wet, and receive precipitation
from long -duration storms.
The soils in the United States are assigned to four groups (A, B, C, and D) and
three dual classes (A/D, B/D, and C/D). The groups are defined as follows:
Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly
wet. These consist mainly of deep, well drained to excessively drained sands or
gravelly sands. These soils have a high rate of water transmission.
Group B. Soils having a moderate infiltration rate when thoroughly wet. These
consist chiefly of moderately deep or deep, moderately well drained or well drained
soils that have moderately fine texture to moderately coarse texture. These soils
have a moderate rate of water transmission.
Group C. Soils having a slow infiltration rate when thoroughly wet. These consist
chiefly of soils having a layer that impedes the downward movement of water or
soils of moderately fine texture orfine texture. These soils have a slow rate of water
transmission.
Group D. Soils having a very slow infiltration rate (high runoff potential) when
thoroughly wet. These consist chiefly of clays that have a high shrink -swell
potential, soils that have a high water table, soils that have a claypan or clay layer
at or near the surface, and soils that are shallow over nearly impervious material.
These soils have a very slow rate of water transmission.
If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is
for drained areas and the second is for undrained areas, Only the soils that in their
natural condition are in group D are assigned to dual classes.
USDA Natural Resources Web Soil Survey 5/2/2010
2111111111111 Conservation Service National Cooperative Soil Survey Page 3 of 4
Reviewer
North Carolina Department of Environment and Submit Sca
�ms
Natural Resources
NC®ENR Request for Express Permit Review Time:
Confirm'.
FILL-IN all the information below and CHECK the Permits) you are requesting for express review. FAX or Email the completed form to Express
Coordinator along with a completed DETAILED narrative, site plan (PDF file) and vicinity map (same items expected in the application package
of the project location. Please include this form in the application package.
• Asheville Region -Alison Davidson 828-296-4698;alison.davidson(o)ncdenr.gov
• Fayetteville or Raleigh Region -David Lee 919-791-4203; david.lee gnncdenr.gov
• Mooresville & -Patrick Grogan 704-663.3772 or patrick.grogan(),ncdenr.gov
• Washington Region -Lyn Hardison 252.946-9215 or lyn.hardison(a),ncdenr.gov
• Wilmington Region -Janet Russell 910-350-2004 or janet.russell(Tg ncdenr.4ov
NOTE: Project application received after 12 noon will be stamped in the following work day.
Permits of request
SW
SW
SW
SW
SW
Project Name: NEW RETAIL STORE - ROPER NC County: WASHINGTON
Applicant: ROBERT M BROADWAY Company: MINK CREEK INVESTMENTS LLC
Address: 132 HOLMES AVE NW City: HUNTSVILLE, State: AL Zip: 35801-_
Phone: 256-533-7287, Fax: 256-533-7236, Email: bob.broadwav@broadwavgroup.net 5�, nt�g0
Physical Location:FROM US 64 & NC32, TAKE NC 32 EAST FOR APPROX. 3.25 MILES SITE IS LOCATED 300' EAST OF KNOWLES ROAD AND NC 32
INTERSECTION
Project Drains into KENDRICK CREEK waters — Water classification SC (for classification see-http://h2o.enr.state.nc.us/bims/reportslreportsWB.hlml)
Project Located in River Basin. Is project draining to class ORW waters? YIN , within 'X, mile and draining to class SA waters YJN or within 1 mile and
draining to class HOW waters? Y/N,
Engineer/Consultant: JERRY CARGILE (MATTHEW GILLESP Company: 4SITE, INC.
2+�+
Address: 7500 S MEMORIAL PKWY, STE. 209 City: HUNTSVILLE, Stale: AL Zip: 35802-EXPRESS
_ S
Phone: 256-539-1221, Fax: 256-539-1220, Email: mgillespie@4siteincox AUG 0 2 2010
SECTION ONE: REQUESTING A'SCOPING MEETING ONLY
❑ Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ DLR, ❑ OTHER:
NC DENR
SECTION TWO: CHECK ONLY THE PROGRAM (S) YOU ARE REQUESTING FOR EXPRESS PERMITTING
❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ Intermittent/Perennial Determination: _ # of stream calls — Please attach TOPO map marking the areas in questions
❑ 401 Water Quality Certification ❑ Isolated Welland (_linear fit or _acres)
❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance
® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Other
❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ❑ Off -site [SW (Provide permit #)]
❑ High Density -Detention Pond _ # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems
❑ High Density -Bio-Retention _ # Treatment Systems ® High Density —SW Wetlands _ # Treatment Systems
❑ High Density -Other _ # Treatment Systems / ❑ MOD:❑ Major ❑ Minor ❑ Plan Revision ❑ Redev. Exclusion SW (Provide permit a)
❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information
❑ Upland Development ❑ Marina Development ❑ Urban Waterfront
® Land Quality ❑ Erosion and Sedimentation Control Plan with 1-Acres to be disturbed.(CK # q 052 (for DENR use)) 13C
SECTION THREE — PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT (for both scoping and express meeting request)
Wetlands on Site ❑ Yes ❑ No
Wetlands Delineation has been completed: ❑ Yes ❑ No
US ACOE Approval of Delineation completed: ❑ Yes ❑ No
Received from US ACOE ❑ Yes ❑ No
DLNR use
Fee Split for multiple permits: (Check #
Buffer Impacts: ❑ No ❑ YES: _acre(s)
Isolated wetland on Property ❑ Yes ❑ No
404 Application in Process wt US ACOE: ❑ Yes ❑ No Permit
Amount
SUBMITTAL DATES
i
Fee
I SUBMITTAL DATES
Fee
CAMA
S
Variance (❑ Maj; ❑ Min)
$
SW (® HD, ❑ LD, ❑ Gen)
-
$
401:
$
LQS
$ S jC�
Stream Deter,_
$
NCDENR EXPRESS March 2009
North Carolina Secretary of State
Page 1 of 1
-;�11�1 North Carolina
Elaine F. Marshall DEPARTMENT of niE r
Secretary SECRETARY OF STATE
PO Bu+ 29622 ReVoi, NC 27626-0622 (9191807-2000
CORPORATIONS Date'. 802010
Corpoation5 lieme Cl ck here Co:
Search By Corpora -Le Narnt•
View Document Filings I Sign Up for E-Notifications
earcn For Nea- K Dissolved Print apre-populated Annual Report Form I Annual Report Count I File an Annual Report I
t'iearch By Beelsterea Aownt
lrnportam Notice C rporation Names
Resole of Tmkst Onll,'rv:
A... orations i At) Name Name Type
HomeownersAssociauon PAQ NC MINK CREEK INVESTMENTS, L.LC, LEGAL
Iol>acco Mamnachuers Li nited Liability Company Information
f nlncomo,otvw Non ni Olin,
Dissolution Reports SOSID: 1161321
Non-prplll' Reports Status: Current Active
rdFf Ger ficellnil Effective Date: 7/30/2010
']mine Annual Reports
Dissolution Date:
LINKS & LEGISLATION Annual Report Due Date:
KBBE t32B Annual Reports Citizenship: FOREIGN
SO510 Numher CurrecLiion State of Inc.: AL
riesSinn LO, 2010-31 Annual Duration: PERPETUAL
. Report Due date chances R gistered Agent
2001 bill Summaries
199g ;mate Bills Agent Name: HU, MEGHAN
erporations 1997 Office Address: 7511 BEDFORDSHIRE DRIVE
Professional Corporations CHARLOTTE NC 28226
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Reeister for E-Procrtrement Mailing Address: 7511 BEDFORDSHIRE DRIVE '
Depl. of Revmwe CHARLOTTE NC 28226
ONLINE ORDERS P incipal Office
`_kart An Order
payment procr:dures Office Address: 132 HOLMES AVENUE
HUNTSVILLE AL 35801
CONTACT US
'orporatlors f,vislnn Mailing Address: 132 HOLMES AVENUE
TOOLS HUNTSVILLE AL 35801
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EXPRESS
AUG 0 2 2010
NC DENR
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EXPRESS
AUG 0 2 2010
NC DENR
EXPRESS
AUG 0 2 2010
NC DENR
Order Number:
RA10-0004184
2.
3.
L,
5.
ALTA. COMMITMENT — 2006
CHICAGO TITLE INSURANCE COMPANY
P. O. Box 1880 • Raleigh, NC 27602-1880
Phone (919) 833-6900 • Fax (919) 833-6905
SCHEDULE A
Effective Date: March 10, 2010 at 8:00 a.m.
Policy or Policies to be issued:
Owner's Policy: ALTA Owner's Policy (06-17-06)
Policy Amount: $218, 000. 00
Proposed Insured: MINK CREEK INVESTMENTS, LLC
Loan Policy:
Policy Amount:
Proposed Insured:
NOT APPLICABLE
NOT APPLICABLE
R18
The estate or interest in the land described or referred to in this Commitment is:
Fee Simple
Title to the Fee Simple estate or interest in the land is at the Effective Date vested in:
PEGGY J. GREENE, INDIVIDUALLY AND AS EXECUTRIX OF THE JAMES A. WALKER, SR.
ESTATE
The land referred to in this Commitment is described as follows:
Lying and being situate in Washington County, North Carolina, and more
particularly described as follows:
BEING IN Washington County, North Carolina and BEGINNING at a point located in
the Northern right of way line of U.S. Highway No. 64 Business (Main Street in
the Town of Roper), said point of beginning being located by measuring South 58
degrees 05 minutes West 221.67 feet from the point at which the Western right of
way line of N.C. Secondary Road No. 1119 intersects the Northern right of way
line of U.S. Highway No. 46 Business, said point of beginning further being
shown on a Plat of survey hereinafter referred to, and from the point of
BEGINNING so located running thence along and with the Northern right of way
line of U.S. Highway No. 64 Business, which is a curve, the radius of which is
4,392.72 feet, the length of the arc of said curve being 300 feet and the
bearing and length of the chord of said curve being South 61 degrees 47 minutes
West 299.10 feet to a point; thence continuing with the Northern right of way
lien of U.S. Highway No. 64 Business, a curve the radius of which is 3,819.83
feet, the arc length of which is 400.02 feet, and the chord length and bearing
is South 72 degrees 20 minutes West 397.85 feet to a point; thence continuing
with the Northern right of way line of U.S. Highway No. 64 Business along a
curve, the radius of which is 3,819.93 feet, the arc length of which is 297.72
feet, and the chord length and bearing of which is South 82 degrees 58 minutes
West 297.64 feet to a point, an iron pin; thence running North 03 degrees 42
minutes West 37.66 feet to an iron pin set in the Southern right of way line of
U.S. Highway No. 64 By --Pass in the Town of Roper; thence running along and with
the Southern right of way line of U.S Highway No. 64 By -Pass along a curve, the
radius of which is 2,864.93 feet, the arc length of which is 400.04 feet, and
the chord length and bearing of which is North 66 degrees 02 minutes East 398.05
ALTA COMMITMENT — 2006
CHICAGO TITLE INSURANCE COMPANY
Number: RA10-0004184
feet to a point; thence continuing with eth Southern right way of line of U.S.
Highway No. 64 By -Pass North 57 degrees 41 minutes East 530 feet to a point in
the center of a driveway, the Northwest corner of that certain lot or parcel of
land which is described and conveyed in a Correction Deed dated August 24, 1979,
by and between Spruill Oil Company, Inc. and Creywood and Associates, Inc.,
which is of record in the Office of the Register of Deeds of Washington County
in Deed Book 274, Page 605; thence running South 35 degrees 00 minutes East
224.62 feet to the point and place of BEGINNING, containing 3.30 acres, more or
less, and being all of Tract No. 2 which is shown and delineated on a Plat of
survey entitled "Spruill and Sons" dated December 13, 1983, prepared by L.T.
Livermon, Jr., Registered Land Surveyor, a copy of which is on file in the
Office of the Register of Deeds of Washington County in Plat Cabinet 1, Slide
160.
END SCHEDULE A
ALTA COMMITMENT — 2006
CHICAGO TITLE INSURANCE COMPANY
Number: RA10-0004184
SCHEDULE B - SECTION I
REQUIREMENTS
The following requirements must be met:
1. Instrument(s) creating the estate or interest (Title) to be insured, executed,
delivered and recorded in the Public Records of the appropriate county:
(a) Warranty Deed from PEGGY J. GREENE, Individually and as Executrix of the James
A. Walker, Sr. Estate (being the sole heir/devisee of said decedent's estate)
and,her spouse, if any, to MINK CREEK INVESTMENTS, LLC.
2. Cancellation, release, termination, discharge, or satisfaction of record of the
following:
(a) NO CURRENT OUTSTANDING DEEDS OF TRUST REPORTED - SEE REQUIREMENT #10.
3. Payment of the full consideration to or for the account of the grantor(s) or
mortgagor(s).
4. Payment of all taxes (including deferred taxes) and assessments (pending or
confirmed) which are or may become a lien on the Land and are due OR payable at
time of recording of the instrument creating the interest to be insured. TAXES
FOR THE YEAR(S) 2008 AND 2009 IN THE RESPECTIVE AMOUNTS OF $2,017.36 AND
$2,087.97, PLUS ADDITIONAL PENALTIES AND INTEREST, TO BE PAID AT CLOSING.
5. Payment of any owners' association dues, charges, or assessments claimed or due
and payable at time of recording of the instrument creating the interest to be
insured, whether or not a claim of lien has been filed, if same are or may become
a lien superior to the interest to be insured.
6. For insurance regarding priority of conveyance by seller to proposed insured owner
over potential liens for labor, services or materials, including surveyors,
architects, engineers and rental equipment (herein "liens") of seller, or priority
of proposed insured lender's deed of trust (once recorded) over said liens of
seller and/or construction borrower, receipt of applicable NCLTA form (or
substantially similar form approved by Company counsel prior to closing),
completed and executed by all required parties in compliance with the form's
instructions regarding same, to wit:
• NCLTA Form 1, if no recent construction or addition of improvements on land and
no construction loan by signing owner or borrower is contemplated;
• NCLTA Form 2, if construction on the land was recently completed; or
• NCLTA Form 3, if construction is in process or immediately contemplated (for
loan including construction financing).
In addition, if the proposed purchaser will be obtaining combined purchase and
construction financing from proposed insured lender as a part of the transaction
to be insured, proposed purchaser (construction loan borrower) must also provide
duly completed and executed NCLTA Form 3 in order to obtain insurance of priority
of the construction loan over such liens against the proposed purchaser
(construction borrower).
7. If coverage is to include the priority as of the date of recording of the insured
deed of trust for advances made after recording, the deed of trust must include
notice that it will secure future obligations (including revolving line of credit,
if applicable), state the maximum principal amount and, as applicable, state
either (1) that all future obligations must be incurred within 30 years from the
date thereof (in compliance with N.C.G.S. 45-67 et seq.) for future advance or
construction loan transactions or (2) that it secures an equity line of credit and
ALTA COMMITMENT — 2006
CHICAGO TITLE INSURANCE COMPANY
Number: RA10-0004184
is governed by the provisions of Chapter 45, Article 9 of the North Carolina
General Statutes (N.C.G.S. 45-81 et seq.) for an equity line of credit.
8. If this transaction involves a "short sale" or "short pay" under which an existing
lender has agreed to cancel or release land from a deed of trust for less than the
current balance owed on the.debt or attributed to the land to be released,
certification that (a) all lender requirements are met, and (b) lender's agreement
to cancel or release does not include any condition or right to refuse to cancel
or release land from said deed of trust or to later void the cancellation or
release after receipt of the payment amount specified by lender.
9. With regard to the estate of James E. Walker, Sr., (i) receipt of an accurately
completed and executed Open Estate Affidavit 6 Indemnity Agreement in a form pre -
approved by Company or verification that there exist no potential liens resulting
from said estate which would attach to the Land, (ii) joinder of the personal
representative of the estate in the conveyance, and (iii) compliance with all
North Carolina statutory requirements regarding transfer of real property from an
open estate.
10. Verification that the deeds of trust listed below, as revealed by the prior policy
or title information, have been canceled, satisfied, or released of record.
a) Deed of Trust from Charles Swain and wife Peggy H. Swain to Walter Oakes,
Trustee for East Carolina Bank, dated September 21, 1984 and recorded in Book
298, page 612, Washington County Registry, securing $700,000.00.
b) Deed of Trust from Charles Swain and wife Peggy H. Swain to William B. Meyers,
Trustee for East Carolina Bank, dated May 28, 1986 and recorded in Book 306,
page 777, Washington County Registry, securing $75,000.00.
c) Deed of Trust from Charles Swain and wife Peggy H. Swain to Virginia C. Haire,
Trustee for East Carolina Bank, dated September 15, 1987 and recorded in Book
314, page 217, Washington County Registry, securing $700,000.00.
d) Deed of Trust from Charles Swain and wife Peggy H. Swain to H. Wayne Clark,
Trustee for East Carolina Bank, dated September 11, 1992 and recorded in Book
335, page 914, Washington County Registry, securing $800,000.00. This Deed of
Trust was foreclosed in 97 SP 36; the Company requires verification that a
Notice of Foreclosure was or has been recorded in the Washington County
Registry
e) Deed of Trust from Charles S. Swain and wife Peggy H. Swain to J. Garrett
Ludlom, Trustee for Fleming Company of North Carolina, dated August 13, 1996
and recorded in Book 361, page 41, Washington County Registry, securing
$28,314.85. This Deed of Trust was cut off by the above -referenced
foreclosure proceeding 97 SP 36; the Company requires verification that the
proper documentation was or has been recorded in the Washington County
Registry.
END OF SCHEDULE B — SECTION I
ALTA COMMITMENT — 2006
CHICAGO TITLE INSURANCE COMPANY
Number: RA10-0004184
SCHEDULE B — Section II
EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for
value of record the estate or interest or mortgage thereon covered by this Commitment.
2. Taxes or assessments for the year 2010, and subsequent years, not yet due or
payable.
3. Any right, easement, setback, interest, claim, encroachment, encumbrance,
violation, variation, or other adverse circumstance affecting the Title disclosed
by plat(s) recorded in Plat Cabinet 1, Slide 160, Washington County Registry,
4. Any discrepancy, conflict, access, shortage in area or boundary lines,
encroachment, encumbrance, violation, variation, overlap, setback, easement or
claim of easement, riparian right, and title to land within roads, ways,
railroads, watercourses, burial grounds, marshes, dredged or filled areas or land
below the mean highwater mark or within the bounds of any adjoining body of water,
or other adverse circumstance affecting the Title that would be disclosed by a
current inspection and accurate and complete land survey of the Land.
NOTE: Upon receipt of a current land survey and surveyor's report, this exception
will be eliminated or amended in accordance with the facts shown thereby.
5. Title to any portion of the land lying within the right of way of that driveway
abutting and located on the westernmost corner of the insured Property as shown on
that plat recorded in Plat Cabinet 1, Slide 160, Washington County Registry.
6. Rights of tenants in possession, if any, as tenants only, under unrecorded leases
for a duration of less than three (3) years.
7. Easements of right of way to Virginia Electric and Power Co. recorded in Book 306,
page 73 and Book 142, page 20, both Washington County Registry.
8. Right of Way Agreement by and between E.R. Boney at: ux. and the State Highway and
Public Works Commission recorded in Book 176, page 363, Washington County
Registry.
END OF SCHEDULE B — SECTION 11
ALTA COMMITMENT — 2006
CHICAGO TITLE INSURANCE COMPANY
Number: RAIO-0004184
NOTES
(A) NOTE: All terms, provisions, and Conditions of the American Land Title
Association (ALTA) Commitment for Title Insurance (2006) are incorporated herein by
reference including, but not limited to the following:
(1) All liability and obligation under this Commitment shall cease and terminate 6
months after the Effective Date or when the policy or policies committed for shall
issue, whichever first occurs, provided that the failure to issue the policy or
policies is not the fault of the Company.
(2) If the policy to be issued is an ALTA Owner's Policy (6/17/06) or ALTA Loan
Policy (6/17/06), the policy contains an arbitration clause. All arbitrable
matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at
the option of either the Company or the Insured as the exclusive remedy of the
parties. You may review a copy of the arbitration rules at <http://www.alta.org/>.
(3) Notwithstanding anything to the contrary in this Commitment, if the policy to
be issued is other than an ALTA Owner's Policy (6/17/06) or ALTA Loan Policy
(6/17/06), the policy may not contain an arbitration clause, or the terms of the
arbitration clause may be different from those set forth in this Commitment. If
the policy does contain an arbitration clause, and the Amount of Insurance is less
than the amount, if any, set forth in the arbitration clause, all arbitrable
matters shall be arbitrated at the option of either the Company or the Insured as
the exclusive remedy of the parties.
A full copy of the ALTA Commitment for Title Insurance (2006) is available on our
website at <http://wwwnorthoarolina.ctt.com> or by contacting your local Chicago
Title issuing office.
(B) NOTE: NO CLOSING SERVICES INSURANCE: - As to the transaction for which this
commitment is issued, the Company does not afford insured closing protection/closing
services insurance absent revision of this commitment to include a statement that
coverage is afforded to those parties identified in a separate North Carolina Title
Insurance Rating Bureau NCTIRB-01-2003 Closing Protection Letter issued simultaneously
with revision of the commitment. Any closing protection coverage or letter which
heretofore may have been issued is hereby rescinded and shall not be effective as to
this transaction. Any closing protection letter subsequently issued shall not be
effective as to this transaction absent the accompanying requisite revision of this
commitment.
END OF NOTES
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NORTH CAROLINA
W ASHINGTON COUNTY
TBIS DEED, merle this 6th day of April, 1998, by and behvoai THE EAST
CAROLINA BANK A NORTH CAROLINA BANKING CORPORATION,
GRANTOR, to JAMES K WALKER, SR., 261 BUNCOMBE STREET, P. O. BOX
490, ROPER NC 27970. GRANTEE:
WITINESSET'H:
THAT the mid Grantor, for a valuable consideration to Grantor paid by the aid
Grants, the mccipt of which is hereby acknowledged, has bargained and sold, and by
there picsenu does bargain, sell and convey udo the said Greatest, his hcirs and assigns,
in fee simple, a loi, unit or, parcel of laid in Washington County, North Carolina, and
more accurately described as (allows:
Being in WWiugtw County, North Carolina and BEGINNING at a point
located Is the Northern right of way lime of U.S. Highway No. 64 Business (Maio
Street in the Town of Roper) old point of begieaiq being located by measuring
Soots So degrees 05 minutes West 221.67 feel from the polar at which the Waster,
right of way true of N.C. Secondary Road No. 1119 Intersects the Northers right of
way line of US Highway No. 6/ Business, mid point of beginning forther being
shown on a Plat of survry hereinafter referred to, and from the point of
BEGINNING an located nuning thnmoo al og mod with the NonMau right of wry
lime of U.S. Hlghwsy, No. 61 Batavia which is is
cone the radius of which is 4,392.71
feet. the length of the arc of mid cone being 200 feet and the baring and length of
the cbod of mid curve being South 61 degrees 67 mhates Wet 299.10 feel to a
point; than motioning with the Northm right of way Ban of U.S. Highway No, 64
Business, a vine the radius of which is 3,819.W fen, The on length of which is
400.02 feet mid the chord length mod baring Is South 72 Degrees 10 mina Wool
397.85 feet In a out; lhenge continuing with the Northern right of way line of U. S.
Highway No, 64 Buslue hloas a curva, the radio of which Is 7,819A7 feel, the arc
kisgN of which his 291.72 far sod the chord length sod bearing of which Is South
t2 degrees S8 minute Was 297.64 feet m is point, an Iron plat t' manias Nenh
02 degrees 42 minute Wiese 37.66 feet to an trod Pin art Is the Seethe" right of way
liar of U.S. Highway No. 6e By-Pmm ion the Taws of Roper; tbma running abut
and with the Southern right of way 0me of U.S. Hlgbway Na 64 By -Pan along a
cuff the radius of which is 2A6L92 fat, the an knglh of wbkb la 400.04 kit sod
the chord length and bearing of wbkh Is North 66 degrees 02 minutes Eat 398.05
ewK371 iil i 654
red is a point; Oeoce ewstleslog with the Southern right of way line of U.S.
Righwry No. 66 By -►ate North 51 degrees 41 nlmoto east 330 fed to a point in the
center of a driveway, the Northwest tarsec of that cereals lot or pored of load
which is docribed me coaveyed In a Cc a tog Deed dated Awguw 24, 19". by and
between Spruill OR Company, ima, a Creywood mad Amodates, Ix, which Is of
record Is The Office of the Register of Deeds of Washington County is Deed Book
274, Poise 603; tkeece nosing tho Somth 33 degrees W meats tut M62 fat to
the point sod piece of BBGMING, containing 3-30 scree, score or lees, and bets`
all of Trod No. 2 which h shows and de0ucated as a Mot often" entitled'SpmW
mad Some" dated December 13, 1963. prepared by L T. I.Irermma. Jr, Registered
hied Surveyor, a copy of which IS ou ilk Is the Office of Ike Register of Deeds of
Washington County I. Plas Cabled 1, Slid, 160.
The Personal Property add at the afasvaold that and place is sitote is the
above described not property nod described as follows:
Media Bakery Shelving with I.Jghted Canopy - Owe 23' rue W24-12 bakery
wall shelving consisting of: 1 W F.4Q4-II wall end, 3 W18"IMH "it sections, I
W 38"1221H wall action, IOBWS-416 gold wire bakery Jeho, 10 BWS415 gold
wire bakery shelveq 2 BWS-316 gold wire be" delve, 2 BWS-3169 gold wire
bakery delves. u Pak BWW16 gold wire bakery wire brackets, II Pair BWS-f6
gold wire bakery wire bmkctk 2 CRP412412 dayl walnut woedgrals canopy end
panets. 2 C -33-21 vinyl extent woedgna anopy cads, 3 SUS424 shelves for
closed canopy top I SUS-324 shelf for closed casualty top 7 CM canopy Range 1
PBC-936 perforated brute exempt, I PBC-918 perfonted brute canopy, 2 PSC-9%
perfonted brute 000py, S BCJ-9 brm oxwpy pleeA 18130 36" sink tube lot
flston, I S140 e8" sink tube light flaum 2 CI%96" 1@& tube light Bean.
SheMag selentlsbars with theorists bsso 2 Roca 23' long used Condole
shelving 72' high with 21" deep base shdres and 20" deep upper sholvte and %
Used 4' s 20" upper shelve
Saxons Table and Produce Table: tolor-Ancado gran able with white
pedestal. I TBR6 mood 6' disorder bemoan able, 2 P4601' s 6' produce able
Used Predate Cents: 1 Used 24' food smattl dart produce me. I Used 6'
fund multi deck produce case with minor and one row of delve, 2 Left band ore
ends, 2 Riot band case sets.
Used Dairy Cents: t Used 32' rue multi dock air skrees dairy ore with four
rows of upper shetvd, I sal me ends.
Used Mot Cue: I Used 'W ton single dock mat me with electric defraud. l
Set nee tnds.
Used Dd4Pakage Mot Come: 1 Used IP multi deck air skren package
mot can with four rows of upper shelves, I Sal case ends.
Used Faces Mat Came: I Used 9' frown most came with electric defrost nod
three rows of upper delves, 1 Sal of casn ends.
Used Reach -lee Door Francs Food Can: i Used 10 door no of reach -in door
frotes food cue with electric defrost. I Sal ctee ends.
2006371 61u 655
Unit Multi Deck Ilevemp Cas: I .Used 20' cos multi deck hwemp tawq
air term with two rows of spper shelve, I Set cese tads.
Used tee Merchandiser. Plata\ -Wahl waodOnb vinyl, Windy tell
contained. Stomp. capedty appmivaenly 110.10 puad bap.
Manitows Ice Mac►laes Ftaih-Polyeler Fawa 1 FA-0601A Mnitowoc air
cooled ke cuber, dice size ke cube, paWoetlou capselly, nape from 450 pound, to
610 prods per 24 hoar period - depending n water and air temperature, 1 C-700
stomp bla, patycstar fawn finish, stomp capacity 720 pounds.
Tyler-Ksb CookrFroese Comblutbs: 1 Walk -In co* combination 12' a
20' s 8' 2 1n", Prdaos mkr, 10' a 12' s 8' 2 use" high,
Do" makn IW s I2' a V 2 112" hiµ Ianhtlo t: 2 In" oretbaae
standard, Flat*ks Interior and Esterlor - Staeao golvaulad stock Door. (21 26" a
91" taODlog (2) Door, hydraulic clauses, Accessories: (2) 2" thermometers (2) pilot
lights and switch, (2) vapor proof fight*
Walk -la cookMreear cemblanllau 12' a 32' a M 7 1n" Freezer: 12' a 12' x
8' 7 112" wnloor, Coster: 12' a 20' a 8. 2 In" with sited, Issdmtion: 2 In"
onebsessaoMrd, Flout: Iaeeriar A nlerion9tncco galvanized steal, Door; (2)
26" a 81" to-Hesing, (2) Hydraulic closure, Accessories: (1) Heater "his system-1
side, (2) 2" f►ermoeelere, (2) Pilot light and switch, (7) Vapor proof lights. (1)
Heated air vent is freezer.
Case
ar System
proSysteMSLSiPIS 20 hp- lualt equalize system for
medium tempmtars, with central peel, TCg clock, nick ds equipments, header
assembly, (9) liquid Ilan w/o sole"da, (d) a12 section stop EF0. (d) 015 section stop
EPq NC-2 package, starm ,yMem, wild sense pressure mtroh and defrost panel.
TH6/60.5%L boater for ke emm moantd on above rock THS)WH y hp. air-
cooled nil for meet prep with: bus, TC, HVSG A dri r, rack, auction filter,
pantos ka consistent 6 NC pndmile. J hp. 5-year warmsty. 2 S hp. }year
warnsty. 7 In his. 5-year wernnry. 10 his. Symr mrtanty. 13 hp 5-year
wamuty. CDC227 metals, codtemperastare for medium temperere w/Tso coutrol
CDCISS remove, cmdcmsor for law aapenlon w/fm mlnii IAE1950 meet
cooler. lAA740 prdsm cooler. MMA101 dairy center. LAA1220 meat prep.
MME108 framer. S Expansion, velvet
Hating h Air Condltlaniag: LSLI17CH air handier for 10,500 with:
nodular Illtor station, 7 In hp. motor w/dJamble drive, spring moats, heat
recovery coil wn cirmit*, 20 KW electric bast coil with controls & motor atelier,
air mdltioslrsg coil.
2 THSA750,22181 al, conditioning sales with: cuutroi boa, HVSG A drier,
outdoor weather hod, pressure fan matml, H-22 epnutem raise 6 Syeer
warranty.
TECPS mrlcommentsl control for hmtlng d, al, conditioning
0-10 but water bast sacbanger with (SO) pike, Insulated task d, agasotaL
Used Deane Docks ter Centers • Preerer: 9 Used 24" a 26" one tier mcla,
I Used IP a 26" two tier reek, 2 Used 2d" a 26" three tier rock,, 12 Used U" a 48"
one tier rocks, 2 Used 26" a 46" two tier rucks, 6 Used W x s8" throe tier raelu.
edo2371 ha 656
Umd F,yalpamnt rm, M,rbd: I Used 16• Hobart mot aw, I Umd ! hp
Hsimrt mr1 grinder. ) Und Rerkd Aker, 1 Uld llabart ftl&dlr
r e10 for Mat and Fcmdma Rep. ROAM Ct7072 Normaadk Itr a 72"
rbkls Anal estdng beebpla► mb bwith tbermopl *k top tad 6" high llalakn rtW
CT707S Normandk IT a 72" ailnko put labk with tbermaplaatic rep,
STRJ072 Normnndk 70" 172" ltaklesa Yee table wfh ainimkm Axel top end
6" hip hacbpinh.
Normaodk dmlanes AM ortyhat-d hat rack rYtle 7r a IP D a IS" high.
2 Na sdk rtakieo and draweft,
SFCD Noratadia Ir a 21/2" a Zr plrastind pat pootky trot. dWly.
Am slabkw Sad Sdmb: I FlFL2-26111-24 L t R NSF (6d) Amra Aalgku
anal flab with two W,, a IP tomparineb W loom Zr a 21" drmla bard., drala bnheb IadW W, S FameMn, tmmbfmaWa wan gM r ceobre, chrome plated, 12" lag Opal, 1 FB9.67 W Aeso won man Ilainla M al hood Olak besot fad drab imc1W{
Wrapplag 6Le660OR I Model IVIA kW mat tbroe mH wrapping maehtaq floor model wkh bosom clnoRpaaeL
Crape 7 Cart, DOOR GM i Stack Trnbp A Calallaa 2410 Tnbnfblll
poary ark wkk 12AN conk kcb baabe4 baby mn4 and kwm, deck 1 7U&
TMalbot bottle cart Zr W- n SP lag ■ 36: hip with am" and two etld =sum
_ Lgalpa 1 for Loack Cmnatest 2 Model 14-22 Saabbad Won Cn ►ryen
Sesodard bbckl�ll wYa a I2" doOp wIM ankh "eel p04 h panda bt opmdty.
4k two bubOb pd.6h6 R'fU ratha& blgh Umit antrmL
1 Madd R-24WWr-4 Malaya O dP rod rap wkb 2T wide 2P dap griddK bar opm human mod ae 26 Iq" wide a 26" damp 1 Id 1/4" high era
9landard; Da high ddf a batty mkt. Otmd rakes corn. V kP and oa area rack. Standard black nakk Cm typtgmpame,
t Mode SAi1TI8 Jordan tom dam, rdrigmarr, wtO BUWM Skd gal
mad daft and ppWad at.minom aids and ktmrior, aretbaae lormladoo, automatic
door clmararm " mpa positing, mmOlmnmalty kdaO7 trip tataftd
handles ■ot omtk knrkr np4 ad)apabk ckehmm, twmpktdk ran ambked. One . ! year amaany
prOor body Umked wart, sip T! 1/2" wide 1 IS 1/J"
1/2" high laelndimt 6" kqa d^WBe
1 MWd CsU-LI.FR Jmrdnm oadwich mail with palaha pal dooft nod eadn,
rt.idrn pal kart rap, pan Iod,a" fuU atting hoard, amlcmmtle defmt ad fire yar ampremor body nmkW nmoty.
1 smolab hand V a 31. 6" with make op sir actla, Ohinkm rive am aU
eapma mmlke4 aoeprnebd of It pap obinimm alp! wkb bary duty Ptvaniod
raker; N.F.F.A. - %apprmrrd
I MOW IadRTD embow fu% Syped, II! role wkb FCIt Olartar andN.F.F-& - % corA
I Mode yell -RV Jean relkf real (sir make ap) with bird a *Ad carb.
.30671 vls 657
1 CT-MM N-mmulle rattling table, mr a 6P suutess Weal with
thermoptsstte top 1 Lot Bolder, I Lop 1 Scupper note to plastic lop, 1 Stainless
Steel dower,
top. i Sf2060 Nurmsedie 20" s 60 sbieless steel preparation table with shinier
1 STL3072 Normaodte 26" s 72" stainless steed pnpnreslon tWte with
anlde"WE and 6" nigh McksplssY, 1 Stainless stet drawer, I Stainless steel
I IFL3-2443.24 L • RNSF. (64) Arm sesintem sted throe cwmpartmrm
Oak with two drain boards - 16 Page peel compartment sire 21" x 21" a ad" deep
drat* burg &I= 27" s 24", N.S.F. approved Drain baskets lodudad.
spent. 1 peaces, combination wall type, ge centers, ebmaw plated with IP swing
t FRS-63W Norssaadk Id 1/2" a 17 2/6" wan mounted head *link stsinku
steel. N.S.F. approved, drain Makes aid fastest included.
1 SSI-UU (64) Nasvudle ananakn Oed, 16 page, sink with One, 24" a 26" compartment 14" deep, drain basket included.
apoa4
1 Falsest, cwabiun
tlon wall type P centers, chrome plated with 12" swing
The fggWng described parcel If tend and personal property an the unit es
that mrveyed by Saenmur Trmtee's Deed to The East Cerotn* Bank of record in
Book 30, rage SO/, wuYingtoe County Registry,
TO HAVE AND TO BOLD the afoesaid Ice, unct or parcel of land and all
privilege and aPFLUICmncn thereunto belonging to the mid Gramm, his heirs and
assigns, in fee simple forever,
And the mid Granby covmunb with the Gramm. that Grantor is selcod of the
premlxs in fee simple, has the right to con Uw vq' sarrtc in fee simple; that title is
marketable and free and clear of all Inc mrbrarrea; and than Oramor will warrant and
defend the said title to the vane against the Iawfot claims of all persons whomsoever,
except for the esceplbm set Out aforesaid and hereiruBer stated
Title to the property hereimbove described is subjat to the following exceptions:
1) Norcomplimroe with any loot, worry, sure or fedcrd govemmetn Is".
ordinance, or regulations relative to coning, subdivision, ocean Ixmcy, use, oonwmr.7ion or
the devebpment or the subject property.
W,371 63ii 658
fN Wfl'NESS WHEREOF, Omdor his caused this inttunma to be signd in
its cotPorate name by its duty authorized OMM" and its cat to be b,"Wo afrioad by
auumity of its Board of Directors, the dal' And year find nbeve wrRam
THE
by. '
Js Smeary
omPonte saf:: _
���gg5$� STATE OF NORTH CAROLINA COUNTY OF
g 3- ER 1. a Notaryr'Public of Ne Counry And State aforesaid, artify that
3 he/she to the ` pe s0i'lh came befine me this day and ackmwledged that
35 CAROLINA BANKINSecGetary of THE EAST CAROLINA BANK, A NORTH
i =I of the Co , CORPORATION, ad that by audpriry duly given and As the
a Pmidenk eWod wltdt i �w foregoing Ituvmrmd svu signed in its name by its IF.«
�r rPmw sal, and attested by hinVhcs a its
! WITNESS my had and stamp/mal this&dayof_secretary'
!!y Itamprml �"� e
Notary Public
°.t+171"O....:... My cunmiaim cxpim:
t 11 REVENUE STAMPS PAtp 9 SO o
1�f e, iDc PW37 1.4 3.99 OpUNPy
[t .160 / Agr 14 1999 9350. 00
NORTH
RBAL EaTATa
CAROLINA a amxea TAz
STATE OF MRTH OtROLINA, 000M OF OISRISOTOS
The forseoieR or awned ce,tiflonte (al of
Is (arsj eertiflad to ➢e Dorm.t. Thla lna s„'+^nt sZ:. prorated for
registration ad recorded JD this office In foot Z5 . Peer
This J4 ds➢ of 19QL at 4,'q _o'clock M_
Nsalster of Heeds
BY; Lest.
EXPRESS
ARTICLES OF ORGANIZATION IIII(IIIIIIIIII�IIIIIIIIII�III`IIIIIIIIII`IIII�IIIu
AUG 0 2 2010 OF I'
20040927000393680 I/8 S52.25
�� ®��� MINK CREEK INVESTMENTS, L.L.C. Madison City Judge of Probate�AL
09127/2004 10.24',34AM FILEDICERT
The undersigned does hereby adopt the following Articles of Organization for the purpose
of forming a limited liability company under the Alabama Limited Liability Company Act, as
amended (the "Act'):
ARTICLE I
NAME
The name of the limited liability company is MINK CREEK INVESTMENTS, L.L.C.
ARTICLE II
REGISTERED OFFICE AND REGISTERED AGENT
The street address of the initial registered office of the limited liability company is 2621
Hickory Flatts Trail, Huntsville, Alabama, 35801, and the name of the initial registered agent
at such address is Robert M. Broadway. Either the registered office or the registered agent may
be changed in the manner provided by law.
ARTICLE ❑I
DURATION
The period of duration of the Company shall be from the date of filing (the "Filing Date")
of these Articles of Organization with the Office of the Judge of Probate of Madison County,
Alabama until the earlier to occur of the following:
(a) The consent of all Members; or
(b) The occurrence of an event of dissolution as set forth in Section 10-12-37, as
amended of the Act, or as specified in the "Operating Agreement' (as hereinafter
defined).
ARTICLE IV
PURPOSES AND POWERS
1. Purposes. The limited liability company shall have any and all lawful purpose or
purposes for which limited liability companies may be organized under the Alabama Limited
Liability Company Act, and is organized for the purpose of owning, holding, renting, leasing,
managing, marketing, improving, buying and selling real property and to do a general real estate
business, whether residential, multi -family or commercial.