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HomeMy WebLinkAboutSW7100902_HISTORICAL FILE_20210415STORMWATER DIVISION CODING SHEET POST —CONSTRUCTION PERMITS PERMIT NO. SW_� zz i DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE �c I l� YYYYMMDD 0a (-o ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRIAN WRENN Director W. E. Partners I, LLC Attention: Lindsey Anne Harris 2525 W. Firestone Lane Vancouver, WA 98660 NORTH CAROLINA Environmental Quality April 15, 2021 Subject: Stormwater Permit Renewal Stormwater Management Permit SW7100902 W.E. Partners 1 — Perdue Cofield Dear Ms. Harris: Cofield, NC, Hertford County A Division of Energy, Mineral, and Land Resources file review has determined that Stormwater Permit SW7100902 for a stormwater treatment system consisting of a bioretention basin serving the W. E. Partners 1- Perdue Cofield project located at 242 Perdue Road, Cofield, INC expires on December 31, 2021. This is a reminder that permit renewal applications are due 180 days prior to expiration. We do not have a record of receiving a renewal application. Please submit a completed permit renewal application along with a $505.00 fee for Permit renewal. Permit application forms for renewal can be found on our website at: https //deq.nc.gov/about/divisions/energy-mineral-and-land- resources/stormwater/stormwater-program/post-construction-2. 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 owner to assessment of civil penalties. 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 roger thorpe(a)ncdenr gov Sincerely, G1 ✓// d Roger K. Thorpe Environmental Engineer North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Ica n 1E �Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 27889 252.946.6481 I MCDENIR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director September 21, 2010 Mr. Garald Cottrell, Member Manager W.E. Partners, 1, LLC 1836 Eastchester Drive, Suite 108 High Point, Nc 27265 Wo-Ro Natural Resources Dee Freeman Secretary Subject: State-Stormwater Permit No. SW7100902 W.E. Partners 1 — Perdue Cofield High Density Commercial Bio-Retention Project Hertford County Dear Cottrell: The Washington Regional Office received a complete Stormwater Management Permit Application for W.E.Partners 1 — Perdue Cofield on September 9, 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. SW7100900 dated September 21, 2010, for the construction of the subject project. This permit shall be effective from the date of issuance until September 21, 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 adiudicatory, 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 150E 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. Regional Supervisor Surface Water Protection Section AH/ sv: K:\WQS\SAV\STORMWATER\PERMIT\SW7100902 cc: Marie Peedin, PE Hertford County Building Inspections ✓Washington Regional Office Central Files North Carolina Division of Water Quality Internet w .ncwaterquallty.org One 943 Washington Square Mall. Phone 252-946-6481 1 FAX, 252-946-9215 North Carol l n a Washington, NC 27889 FAX: 252-946-9215 a'6Gn�� Hry LbL`[//� An Equal Opportunity\ ARrmanve Action` employer (/V- State Stormwater Management Systems Permit No. SV 7100902 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 W. E. Partners, 1, LLC W.E. Partners 1— Perdue Cofield 242 Perdue Rd., Cofield, Hertford County FOR THE construction, operation and maintenance of one bioretention basin and grassed swales 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 September 21, 2020, 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 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 44,803 square feet of impervious area. 3. The tract will be limited to the amount of built -upon area as indicated in Section 1.7 of this permit, and per the application documents and as shown on the 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 7100902 7. The following design criteria have been provided in the bioretention basin and must be maintained at design condition: a. Drainage Area, acres: 1.57 b. Total Impervious Surfaces, ftZ: 44,803 C. Design Storm, inches: 1.50 d. Max. Ponded Depth, feet: 0.75 (9") e. Seasonal High Water Table, fmsl: 91.00 f. Planting Media Depth, feet: 2' for the grassed cell g. Basin Dimensions, feet: 130 x 60 (approximations) h. Bottom Elevation, fmsl: 101.82 i. Bottom Surface Area, ft2: 7,800 j. Permitted Storage Volume, ft3: 6,501 k. Bypass / Storage Elevation, fmsl: 102.57 I. Predevelopment 1 year 24 hour: 3.20 M. Post development 1 year 24 hour: 2.08 n. Drawdown Time, hours: 19.50 o. Underdrain Diameter, inches: 6.00 P. Total number of plants provided: (grass sod) q. Receiving Stream/River Basin: Deep Creek / Chowan r. Stream Index Number: 25 — 5 S. Classification of Water Body: "C; NSW" 11. SCHEDULE OF COMPLIANCE 1. 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. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. 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. G. Mowing and re -vegetation of slopes and the filter strip. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans. f. Debris removal and unclogging of all drainage structures, level spreader, filter media, planting media, underdrains, catch basins and piping. Q. Access to the basin and outlet structure must be available at all times. 4. Records of maintenance activities must be kept for each permitted BMP. The reports 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 and 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. 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. Page 3 of 7 State Stormwater Management Systems Permit No. SV 7100902 7. 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. 8. 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. 9. Access to the stormwater facilities shall be maintained via appropriate recorded easements at all times. 10. 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. 11. The permittee shall submit final site layout and grading plans for any permitted future. areas shown on the approved plans, prior to construction. 12. A copy of the approved plans and specifications shall be maintained on file by the Permittee at all times. 13. 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. 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 signed by both parties, to the Division of Water Quality, accompanied by the supporting documentation as listed on page 2 of the form. 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 a request to transfer the permit. Page 4 of 7 State Stormwater Management Systems Permit No. SW7100902 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 in writing 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 September 21, 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 215t day of September, 2010. LINA ENVIRONMENTAL MANAGEMENT COMMISSION for Division of Water Quality By Authority of the Environmental Management Commission Permit No. SW7100902 Page 5 of 7 State Stormwater Management Systems Permit No. SW7100902 WE Partners 1 — Perdue Cofield Stormwater Permit No. SW7100902 Hertford 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 Name) 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 r Page 6 of 7 State Stormwater Management Systems Permit No. SW7100902 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, per the vegetation plan. 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: Hertford County Building Inspections Page 7 of 7 DWQ USE ONLY Date ReceiveE88 Fee Paid Permit Number 3•a50 c "fs'toc�<=, S tnl -7 100g0 2— Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction (select all that aMe oastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan e WQ M mt Plan: State of North Carolina: Department of Environment and Natural Resources n Division of Water Quality W STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. 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.): W.E. Partners 1- Perdue Cofield 2. Location of Project (street address): 242 Perdue Raod City:COFIELD County:HERTFORD Zip:27922 3. Directions to project (from nearest major intersection): From NC 45 in Cofield take Perdue Road north east to site aox. 1 mile to site 4. Latitude:360 21' 48" N Longitude:760 53' 51" W of the main entrance to the project II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ®New ❑Modification b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) , and the status of construction: ❑Not Started ❑Partially Completed` ❑ Completed` "provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High 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 permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑LAMA Major ®NPDES Industrial Stormwater ®Sedimentation/Erosion Control: 1.77 ac of Disturbed Area 0404/401 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 Form SWU-101 Version 07Jun2010 Page l of III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:W.E. Parners I, LLC Signing Official & Title:Garald Cottrell Member Manager b.Contact information for person listed in item 1a above: Street Address:1836 Eastchester Drive Suite 108 City:High Point State:NC Zip:27265 Mailing Address (if applicable): City: Phone: ( ) 360.750.3583 Email:garaid.cottrell@wellons.com Fax: ( ) 360.750.3483 c. Please check the appropriate box. The applicant listed above is: ❑ The property owner (Skip to Contact Information, 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 2b 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:Perdue Agribusiness, Inc Signing Official & Title:Cedric Wayne Black - Director b. Contact information for person listed in item 2a above Street Address:242 Perdue Road City:Cofield State:NC Zip:27922 Mailing Address (if applicable):P O Box 460 City: Lewiston -Wood ville State:NC Zip:27849 Phone: (252 ) 3484326 Fax: (252 ) 3484355 Email:wayne.black@perdue.com 3. a. (Optional) Print the name and title of another contact such as the projects construction supervisor or other person who can answer questions about the project Other Contact Person/Organization:Steve Lail-W.E. Partners, LLLC Signing Official & Title:Steve Lail- Project Manager b. Contact information for person listed in item 3a above: Mailing Address:1836 Eastchester Drive - Suite 108 City:High Point State:NC Zip:27265 Phone: (360 ) 750-3585 Email:steve.lail@wellons.com Fax: (360 ) 750-3485 4. Local jurisdiction for building permits: HERTFORD COUNTY Point of Contact -.Paul Vaughan Phone #: (252 ) 358-7814 Form SWU-101 Version 07Jun2010 Page 2 of 6 IV, PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. STORMWATER RUNOFF SHALL BE TREATED THROUGH GRASS SWALES AND INTO BIO RETENTION FOR TSS REMOVAL 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 PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW - 1995 ❑ Ph IT - Post Construction 3. Storm water runoff from this project drains to the CHOWAN River basin. 4. Total Property Area: 1.77 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area*: 1.77 acres * Total project area shall be calculated to exclude the following the normal yool of impounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (N� line or Mean High Water (MHM line, and coastal wetlands landward from the NHW (or MHW) line. The resultant 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 = 65.5 % 9. How many drainage areas does the project have?1 (For 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. Basin Information Drainage Area 1 Drainage Area Drainage Area Drainage Area Receiving Stream Name Trib of Deep Ck Stream Class • C:NSW Stream Index Number* 25-5 Total Drainage Area (sf) 1.77 On -site Drainage Area (sf) 1.57 Off -site Drainage Area (sf) .2 Pro osed Im ervious Area" (so 44803 % Im ervious Area" (total 65.5 Impervious— Surface Area ' Draina a Area 1 Drainage Area Drainage Area Drainage Area On -site Buildings/Lots (sf) 12670 On -site Streets (sf) On -site Parking (so 24363 On -site Sidewalks (so 7770 Other on -site (sf) Future (so Off -site (so 0 Existing BUA* (sf) Total (so: 44803 * Stream Class and Index Number can be determined at: http://portal.ncderur.org/webAILC&/csu/classi cations ** Imyen��ous area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 07Iun2010 Page 3 of ***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 udll be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. Based on Existing Proiects in Union County: Contact DWQ Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that maybe 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://portal.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://portal.ncdenr.org/web/wq/ws/su/statesw/forms does. The complete apptcation 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://portaI.ncdenr.org/web/wq/ws/su/maps.) 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 N/,4 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.envhelp.org/pages/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.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/management for 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 1/2 mile of the site boundary, include the mile radius on the map. T 7. Sealed, signed and dated calculations. 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. 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. i. 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. Form SWU-101 Version 07Iun2010 Page 4 of 6 o. Drainage areas delineated (included in the main set of plans, not as a separate document). 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"xll" 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,91 31,1 Page No%.5 / 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. hqp://www.secretary.state.nc.us/Corporations/CSearch.asvx 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 does. Download the latest versions for each 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. 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:Marie Peedin, PE Consulting Firm: Pamlico Engineering Services, PLLC Mailing Address:128 Abbey Lane City:Washington State:NC Zip:27889 Phone: (252 ) 945-2983 Email:pgspllc@embargmail.com Fax: (252 ) 974-7618 IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 luu been filled out, complete this section) I, (print or type name of person listed in Contact Information, item 2a) Cedric Wane Black with Perdue Agribusness, Inc attesting to their oumership , 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 In)ormation, item 1a) Garald Cottrell with (print or type name of organization listed in Contact Information, item la) WE Partners,l, LLC 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. Form SWU-101 Version 07Jun2010 Page 5 of 6 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. Date: 9- 13- �a10 I, eQnn;e W W DOla-4 a Notary', \Public for the State of N c- Countyof �e4uJ&, i , do hereby certify that W" ne 'BdQcl� personally appeared before me this (3 day of -S ep1. /0 and acknowledge the due execution of the application for a storm water permit Witness my hand and official seal, Uce-><-xw 1) W /)-1 fL Z PNNO 7-,q 00,,•��' ca v= arn COUNT:••'' X. APPLICANTS CERTIFICATION SEAL My commission expires /0 4-' 2G/g I, (print or type name of person listed in Contact Information, item 1a) Garald Cottrell certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAC 2J3-t0N, SL 2006-246 (Ph. II - Post Construction) or SL 2008-211. Date: �9'` %ZP/p I, -b, /,tiYi9.d rTic 317.4 a Notary Public for the State of /1� � 6°c-,t*tountyof do hereby certify that G Lx u b ';3- personally appeared before me this % day of S `-P T 2" b a knowl lge the due ex or of the application for a stormwater permit. Witness my hand and official seal, % C? 3 s�� UNTvOFFICIA Nota t SEgt �) D I o' North Carolina OF GUILFoRD fY Commission D BRYAN gUSTIN n� Pies i SEAL My commission expires 6/ZY/22ci1Y Form SWU-101 Version 07Jun2010 Page 6 of 6 Pemmt Number (to be Provided by M ) 04 W^Arf, STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM BIORETENTION CELL SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part III) must be printed, filled out and submitted along with all of the required information. I. PROJECT INFORMATION Project name W E Partners 1 - Perdue Cofeld Contact name Garakl Cottrell Phone number Date Drainage area number II. DESIGN INFORMATION Site Characteristics Drainage area Impervious area Percent impervious Design rainfall depth Peak Flow Calculations Is pre/post control of the 1-yr, 24-hr peak flow required? 1-yr, 24-hr runoff depth 1-yr, 24-hr intensity Pre -development 1-yr, 2441r peak flow Post -development 1-yr, 24-hr peak flow Pre/Post 1-yr, 24-hr peak control Storage Volume: Non -SA Waters Minimum volume required Volume provided Storage Volume: SA Waters 1.5' runoff volume Pre -development 1-yr, 24-hr runoff Post -development 1-yr, 24-hr runoff Minimum volume required Volume provided Cell Dimensions Ponding depth of water Ponding depth of water Surface area of the top of the bioretention cell Length: Width: -or- Radius Media and Soils Summary Drawdown time, ponded volume Drawdown time, to 24 inches below surface Drawdown time, total: In -situ soff.. Soil permeability Planting media soil: Soil permeability Soil composition % Sand (by volume) % Fines (by volume) % Organic (by volume) Phosphorus Index (P-Index) of media Form SW401-Bioretention-Rev.e June 25, 2010 336-750-3500 September 1, 2010 68,392 ftz 44,803 ft 65.5% % 1.5 inch Y (Y or N) 0.48 in 0.12 in/hr 3.200 fi'lsec 7.400 ft'/sec �pj j II A.,.Wfi3isec .2 , 0 S C- —S 5,466.0 ft' 6,501.0 ft' OK ft' ff' ft' ff3 ft3 9 inches OK 0.75 it 7,800.0 ftr OK 130 ft OK 60 fi OK It 9 hr OK 10.5 hr OK 19.5 hr 0.50 m hr Insufficient. Increase infiltration rate or include underdrains. 1.00 inihr OK 85% OK 10% OK 5% OK Total: 100% 10 (unilless) OK Parts I and H. Design Summary, Page 1 of 2 O Elevations Temporary pool elevation Type of bioretention cell (answer *r to only one of the two following questions): Is this a grassed cell? Is this a cell with treWshrubs? Planting elevation (top of the mulch or grass sod layer) Depth of mulch Bottom of the planting media soil Planting media depth Depth of washed sand below planting media soil Are underdrains being installed? How many clean out pipes are being installed? What factor of safety is used for sizing the underdrains? (See BMP Manual Section 12.3.6) Additional distance between the bottom of the planting media and the bottom of the cell to account for underdrains Bottom of the cell required SHWi elevation Distance from bottom to SHWT Internal Water Storage Zone (IWS) Does the design Include IWS Elevation of the lop of the upturned elbow Separation of IWS and Surface Planting Plan Number of tree species Number of shrub species Number of herbaceous groundcover species Additional Information Does volume in excess of the design volume bypass the biorelention cell? Does volume in excess of the design volume flow evenly distributed through a vegetated filter? What is the length of the vegetated filter? Does the design use a level spreader to evenly distribute flow? Is the BMP located at least 30 feet from surface waters (50 feet f SA waters)? Is the BMP located at least 100 feet from water supply wells? Are the vegetated side slopes equal to or less than 3:1? Is the BMP located in a proposed drainage easement with access to a public Right of Way (ROW)? Inlet velocity (from treatment system) Is the area surrounding the cell likely to undergo development in the future? Are the slopes draining to the bioretention cell greater than 20%? Is the drainage area permanently stabilized? Pretreatment Used (Indicate Type Used with an'X' in the shaded cell) Gravel and grass (flinches gravel followed by 3-5 It of grass) Grassed Swale Forebay Other Permit Number (to be provided by DWQ) 10257 fmsl Y (Y or N) OK N (Y or N) 101.82 fmsl 0 inches Insufficient mulch depth, unless installing grassed cell. 99.82 fmsl 2ft Oft (Y or N) 8 OK 2 OK 1ft 98 82 fmsl 91 fmsl 7.82 ft OK (Y or N) fmsl 101.82 It 0 0 0 Recommend more species. Y (Y or N) OK N (Y or N) Excess volume must pass through filter. Oft N (Y or N) Show how flow is evenly distributed. Y (Y or N) OK Y (YorN) OK Y (YorN) OK Y (Y or N) OK 2.5 ft/sec Insufficient inlet velocity unless energy dissipating devices are being used. N (Y or N) OK N (Y or N) OK Y (Y or N) OK N2 Form SW401-8ioretenaon-Rev.8 June 25, 2010 Parts I and II. Design Summary, Page 2 of 2 Permit No: (to be assgned by Dwg) Ili. REQUIRED ITEMS a : - . a � eo" 7 170 0'(X 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 that aged may initial below. If a requlremed has not been met, attach Justification. Pagel Plan Initials shed No. 1. cats 0' - W or lager) of the entire she showing: - Design at ultimate bul'Id-out, - Off-sde drainage (d applicable). - Delineated drainage basins (include Rational C coefficient par basin), - Cell dimensions, - Pretreabrrent system, - Flgh flow bypass system. - Maintenance access, - Recorded drainage easement and public right at way (ROW), - Clean out pipe locations, - Overflow device, and - Boundaries of dranage easement. 2. Plan details (II = 30' or lager) for the bioretehtion call show'ug: - Cell dimensions - Pretreatment system, - High flow bypass system, - Maintenance access, /� D - - Design at ultimate bukkA - Off -she drainage (if applicable), - Clean out pipe locations, - Overflow device, and - Boundaries of drainage easement - Indicate the P-Index between 10 and 30 EXPRESS SEP 09 2010 NV ®ENR 3. Section view of the bioretention cell (1' = 20' o larger) showing: - Side slopes, 3:1 or lower - Underdrain system (t applicable), and n n o ° .� - Bioretentwn cell layers [ground level and slope, pretreatment pondmg depth, mulch depth, foil media '-,',\((/ l• depth, washed sand, fifer fabric (or clicking slow 'd;apaipbie), #57 stone, underdrains (if apples), SHWT level(s), and overflow structure] 4. A soils report that is based upon an actual field investigation, soil borings, and infiltration tests. The results of the soils report must be verified in the field by DWO, by completing & submitting the soils investigation request form. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (fmsl). Results of soils tests of both the planting soil and the in situ soil must include: - Soil permeability, -Soil composition (%sand, %fines, %organic), and - P4ndex. 5. A detailed planting plan (1' = W or larger) prepared by a qualified individual showing: - A variety of suitable species, - Slims , spacing and locations of plantings, Total quantity of each type of plant specified. W - A planting detail, The source nursery for the plards, and Ferffw and waha g requirements to establish vegetation. 6. A construction sequence that shows how the bioretenbDn cell will be protected from sediment unfit the entire drainage area is stabifiRed. The supporting calculations (including underdrain calculations, if applicable). 8. A copy of the signed and nota¢ed Inspection and maintenance (I&b) agreement 9. A copy of the deed restriction. Form SW401-Biorelenwon-Rev.7 Pert 111, Page i or 1 EXPRESS SEP 09 Permit Number: 2��0 (to be provided by DWQ) Drainage Area Number: BiNttcntliMperation 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 operation and maintenance procedures: — Immediately after the bioretention cell is established, the plants will be watered twice weekly if needed until the plants become established (commonly six weeks). — Snow, mulch or any other material will NEVER be piled on the surface of the bioretention cell. — Heavy equipment will NEVER be driven over the bioretention cell. — Special care will be taken to prevent sediment from entering the bioretention cell. — Once a year, a soil test of the soil media will be conducted. After the bioretention cell 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 Potentialproblems: 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 bioretention cell 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. The inlet device: pipe, The pipe is clogged (if Unclog the pipe. Dispose of the stone verge or 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 problems with erosion. Stone verge is clogged or Remove sediment and clogged covered in sediment (if stone and replace with clean stone. applicable). Form SW401-Bioretention O&M-Rev.3 Page 1 of 4 BMP element Potentialproblems: How I will remediate theproblem: The pretreatment area Flow is bypassing Regrade if necessary to route all pretreatment area and/or flow to the pretreatment area. gullies have formed. Restabilize the area after grading. Sediment has accumulated to Search for the source of the a depth greater than three sediment and remedy the problem if inches. possible. Remove the sediment and restabilize the pretreatment area. 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. The bioretention cell.• Best professional practices Prune according to best professional vegetation show that pruning is needed practices. to maintain optimal plant health. 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. Tree stakes/wires are present Remove tree stake/wires (which six months after planting. can kill the tree if not removed). The bioretention cell: Mulch is breaking down or Spot mulch if there are only random soils and mulch has floated away. void areas. Replace whole mulch layer if necessary. Remove the remaining much and replace with triple shredded hard wood mulch at a maximum depth of three inches. Soils and/or mulch are Determine the extent of the clogging clogged with sediment - remove and replace either just the top layers or the entire media as needed. Dispose of the spoil in an appropriate off -site location. Use triple shredded hard wood mulch at a maximum depth of three inches. Search for the source of the sediment and remedy the problem if possible. An annual soil test shows that Dolomitic lime shall be applied as pH has dropped or heavy recommended per the soil test and metals have accumulated in toxic soils shall be removed, the soil media. disposed of properly and replaced with new planting media. Form SW401-Bioretention O&M-Rev.3 Page 2 of 4 BMP element: Potentialproblems: How I will remediate theproblem: The underdrain system Clogging has occurred. Wash out the underdrain system. if applicable) The drop inlet Clogging has occurred. Clean out the drop inlet. Dispose of the sediment off -site. The drop inlet is damaged Repair or replace the drop inlet. 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-Bioretention O&M -Rev 3 Page 3 of 4 Permit Number: (to be provided by DWQ) I 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 system or prior to any changes to the system or responsible party. Project name:W. E. Partners 1 - Perdue - Cofield BAIP drainage area number: Print name:Garald Cottrell Title:Member Manager Address:1836 Eastchester Drive HighPoint, NC 27265 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, IJ —6jZx/,W /4� 7-) J , a Notary Public for the State of AJ0IIrH CAX-OL.I, it, County of (fOca(_ C F-©,P-c , do hereby certify that ItttcA �, CC) TMIC-ce-- personally appeared before me this day of S4 P % 1 0 and acknowledge the due execution of the forgoing bioretention maintenance requirements. Witness my hand and official seal, OFFICIAL SEgL ,., Notary Public, North Car i COUNTY OF GUILFORD�na Commission Expge Y (oA ST My commission expires 1 C A-FI Zo[ 4 Form SW401-Bioretention I&M-Rev. 2 Page 4 of 4 (�� is ;�•\�..} 1 , +.)r� r�/ �� �`'y' y'(-`�, ri �r oar!!• � rL1p�' nis AMR 2.5 y i Y i — G 11 • P�°� 'Tunis1402 17.0 �r_"-`'""-' \ - Substa •��. ram'---� t � f`f/ . `b _... �-- `\ CB"m of Sprin 1403 OARD CO A nis ••. •ale �� ••••• •�••• so Magnetic Declination j. Magnetic rti� ice/ ✓%�/ ,1✓"•' . �" p r 11 p \d ; Ce n•j .•ey• �7� �'' 18- 1 \\ 1r Copyright (C) 1998, Maptech, Inc PAMLICo ENGINEERING SERVICES, PLLC To: Whom it may Concern From: Wayne Black, Perdue Agribusiness, Inc. Re: W.E. Partners I -Perdue Cofield Perdue Agribusiness is the owner of the land which is being used to construct the new facility listed above. We are in agreement to have any waste material placed in the open area as shown on sheet C004. We recognize the concerns of the state and will require the contractor to follow the requirements set forth in the permit for detaining all sediment from this site as well as the site which is being leased. 5e_p4. 13/ 'Po /o jea"'e' W Woo la �d '3eQ., 4 G. NC— ��E w wo -. oTAR��r�o 128 Abbey Lane PHONE (252) 945.2983 - _ Washington, NC 27889 E-MAIL pespllc@embargmail.com ` < iC Fy EXPRESS SEP09 2010 NC ®EMIR WU gGE1�J [STATE OF NORTH CAROLINA I COUNTY OF HERTFORD THIS DEED, made this the 17th day of June, 1974, by George W. Scott and wife, Beulah B. Scotty of Suffolk; Virginia, parties of the first part; to Perdue, Incorporated, a corporation duly chartered, organized and existing unde the laws of the State of Maryland, party of the second part; ' WITNESSETH: ' vY That said parties of the first part, for and in consideration of the 'am of One Hundred ($100.00) Dollars, cash, and other valuable considerations, to them paid by party of the second part, the receipt of which is hereby acknow O W ^1 ledged, have bargained end sold, and by these presents do grant, bargain, veil and convey to said Perdue, Incorporated, its successors and assigns, a certain •1 `!O tract or parcel of land in Hertford County, North Carolina, and more particular �`�•� ci described as follows- u, Y: All that certain tract or parcel of lend lying and being in Winton Township, Hertford County, North Carolina, and being on the South aide of State Road 01403 and BEGINNING at an iron pipe Ln the Southern Right of Way of. State ` z - Road p1403, said point of beginning being located the following courses and :1+ distances from an iron pipe in the Southern Right of Way of State Road d1403 an the Southern Right of Way of Seaboard Coastline 8aiiroad- South 58 degrees �'• 57 minutes West 100 feet to an iron pipe, South 60 degrees 23 minutes 20 second. P, West LOO feet to an iron pipe, South 61 degrees 13 minutes West 108.80 feet to. "'�-''•.i an icon pipe the point and place of beginning; thence from said point of begin t1 c` ning along the property line of Perdue, Incorporated South 49 degree 58 minutes o ^ 40 seconds East 358.00 feet to an iron pipe; 'thence along the property line of P P E P P Y '•� Perdue, Incorporated South 4 degrees 10 minutes 20 seconds East 320.18 feet to 'if _ i a concrete monument, a corner for this property, that of Perdue, Incorporated a; the Godwin property; thence along the Godwin property Line North 87 degrees 00 minutes 40 second West 23.30 feet, to an iron pipe; thence continuing along the Godwin property line North 8 degrees 05 minutes 53 seconds West 15.26.feet to a 15 inch S gum; thence along the.Godwin property Line South 86 degrees 03 minutes 07 second West 302,40 feet to a stump-in.a common boundary between this propert; the Ctdwin property and that of George W. Scott; thence along the George W. •.Y Scott property North 72 degrees 57 minutes 20 seconds West 89.45 feet to an lrm pipe, a corner for this propertyand that of George W. Scott; thence along the •George W. Scott property line North 17 degrees 35 minutes 20 seconds West 425.84 feet to an iron pipe in the Southern Right of Way of State Road 01403; `r thence along the Southern Right of Way of State Road dL403 the following course: •�� and distances- North 64 degrees 29 minutes East 72.66 feet to an iron pipe; North 63 degrees 48 minutes East 100 feet to an iron pipe; North 62 degrees 19 minutes 20 seconds East 100 feet to an iron pipe, the point and place of {; a .� o •y BEGINNING, said tract or parcel of land containing 4.83 acres as per map by 012 G it Thomas E. Harrell, Jr„ Registered Land Surveyor, dated May 28, 1974. %' W To have and to hold the aforesaid lot or parcel of land and all _ 9 y �; . privileges and appurtenances thereto belonging to the said Perdue, Incorporated, ita successors and assigns, to its only use and behoo£ forever. CNERRY.CNERRY ANa FLYTME ARORNE13 AT Lary AeatnE, M. t. [nit y 1 d , r , ., , :HENRY• to EERY Me FLYTNE RiaaXFYL }i laa xmAlf. a. G ilFlF wu JJJ 7ACE170 And the said parties of the first part covenant that they are seized of said premises in feo and have the right to convey the same in fea afmple., that the same is free and clear from all encumbrances, and that they da hereby warrant and will forever defend the title to the as= against the lawful claims of all persons whomsoever. In testimony whereof, the said parties of the first part have hereuntl set their.hands and seals the day and year first above written. c•• �i�� 7{j � _!)l7fciSBAL) e7oraae W. SSc qP � 1///////� fY��-Y 'Beulah B. Scott comoNWEALTH OF VU41NIA CITY OF SUFFOLK -QQ I, C� O -_ & t�pa_L F a No tary.public in and for the afoiesaid'city and state do hereby certify that George W. Scott and wife, Beulah B. Scott this day personally appeared before me and acknowledged the due execution of the foregoing instrument for the uses and purposes therein express Witness my hand and Notarial seal, this the I'day of June, 1974. / mt Notary - Public MY-Commission Expires: CLEARLO THRU TAX Sueek ISO 5 FICE BY, �c�J//�', Wrenn ca•r/na � � ,.o � ,+ T:¢!art Ge{rem ttnifiwle.._.—,, yl 1nnlP:pme1 rla.e cn?!:r't :e ne ronect. t. a J q e+c••,ov �'='A c�++•-'^TC` n.. o"so rt B:nt..9�!. L.a rs:r 1 V9 � ; t9'1'F' aair�io+rxtY...p_... M• U+9 .d aaaw . 1(ryolrr ml I}•41 R16Y• North Carolina Secretary of State Page 1 of 1 North Carolina Elaine F. Marshall EPARTMENT OFTHE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (91907-2000 Date: 9/21 /2010 Click here to: View Document Filings I Sign Up for E-Notifications I J Pnnt apre-populated Annual Report Form I Annual Report Count I File an Annual Report I Corporation Names Name Name Type NC W.E. PARTNERS I, LLC LEGAL Limited Liability Company Information SOSID: 1133323 Status: Current -Active Effective Date: 1/26/2010 Dissolution Date: Annual Report Due Date: Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Registered Agent Agent Name: COTTRELL, GARALD B Office Address: 1836 EASTCHESTER DRIVE SUITE 108 HIGH POINT NC 27265 Mailing Address: 1836 EASTCHESTER DRIVE SUITE 108 HIGH POINT NC 27265 Principal Office Office Address: 2525 WEST FIRESTONE LANE VANCOUVER WA 98660 Mailing Address: 2525 WEST FIRESTONE LANE VANCOUVER WA 98660 Officers This website is provided to the public as a part of the Secretary of Slate Knowledge Base (SOSKB) system. Version: 129 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=9425224 9/21/2010 EXPRESS SEP 09 2010 NC DENR GROUND LEASE AGREEMENT THE GROUND LEASE AGREEMENT (this "Lease") is made and entered into as of the 3Cday of 7v( 2010 (the "Effective Date"), by and between Perdue AgiBusiness ID a corpora organized and existing under the laws of the State of Maryland ("Landlord"), and W.E. Partners I, LLC, a limited liability company organized and existing under the laws of the State of North Carolina ("WEP" or"Tenant') and its parent Wellons, Inc., a corporation organized and existing under the laws of the State of Oregon ("Wellons"). RECITALS Landlord is the owner of that certain parcel of land (the "Land") located at 242 Perdue Road, Cofield, North Carolina, 27922 as more particularly described on Exhibit A attached hereto; Perdue Grain & Oilseed LLC operates a grain elevator and soy processing Plant (the "Plant") on the property located adjacent to the Land; Landlord, Perdue Grain & Oilseed LLC, Tenant and Wellons are parties to that certain Steam Purchase Agreement dated as of March 17, 2010 (the "Steam Purchase Agreement') whereby the Tenant has agreed to 0) construct, own and operate a biomass -fueled combined heat and power boiler system located on the Land (the `Boiler Facility) and (ii) sell steam produced by the Boiler Facility to Perdue Grain & Oilseed LLC for use in the operation of the Plant. Wellons has guaranteed the performance of Tenant under the Steam Purchase Agreement and agrees to guarantee the performance of the Tenant under this Lease. Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Land, upon the terns and conditions hereinafter set forth NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties do hereby agree as follows: 1. Demise. Landlord hereby leases unto Tenant, and Tenant hereby leases from Landlord, the Land, together with all rights of ingress and egress, easements and appurtenances thereto. The Land and the Improvements ('hereinafter de med) to be constructed thereon by Tenant pursuant to Section 3 below are collectively referred to herein as the "Premises". 2. Term. 2.1. Initial Term The term of this Lease shall commence on the Effieotive Date (the "Commencement Date"), and shall terminate at 11:59 p.m. on the last day of the sixth (6d� Lease Year (hereinafter defined). As used herein, a "Lease Year" shall mean a period of twelve (12) consecutive months commencing on the Commencement Date, and each successive twelve (12) month period thereafter, provided, however, that if the Boiler Facility is not commercially operational as of the Commencement Date, then the first (I") Lease Year shall commence on the Commencement Date and shall conclude on the date that is twelve (12) consecutive months following the date upon which Tenant has notified Landlord that the Boiler Facility is commercially operational. Notwithstanding any provision of this Lease to the contrary, the term of this Lease shall automatically expire upon the termination of the Steam Purchase Agreement. 2.2. Renewal. This Lease will be automatically renewed for an additional six year term if, and only if, Landlord renews the Steam Purchase Agreement for an Additional Term (as defined in the Steam Purchase Agreement). 2.3. Termimtion Notwithstanding anything to the contrary set forth herein, this Lease will terminate automatically upon any expiration or termination of the Steam Purchase Agreement 2.4. Post -Termination' Notwithstanding the expiration of termination of this Lease, Landlord and Tenant may continue to exercise their respective rights under this Lease for so long as such exercise is required in order for Landlord and Tenant to perform their respective post -termination obligations under the Steam Purchase Agreement and this Lease. 3. Construction of Imrxoaements. Tenant shall, at Tenant's sole cost and expense, construct the Boiler Facility upon the Land pursuant to the terms set forth in the Steam Purchase Agreement (collectively 'the "Improvements"). Tenant shall ensure that the Improvements comply with all applicable building codes and other legal requirements. Within thirty (30) days following the substantial completion of the Improvements or any structural alterations thereto, Tenant shall provide Landlord with a copy of the "as -built" plans and specifications of the Improvements, signed by Tenant's architect or engineer. 4. Rental. Commencing on the Commencement Date and continuing on the first day of each Lease Year thereafter through the tern of this Lease (including the Additional Term, if applicable), Tenant shall pay to Landlord, at the address set forth in Section 16 or such other place as Landlord may from time to time designate, without demand or right of set-ot% fixed annual rental in immediately available funds in the amount of Ten and No/l00 Dollars ($10.00). 5. Use of Premises. Tenant may use the Premises for the construction, operation and maintenance of the Improvements, provided the Premises shall at all times be used in compliance with all applicable laws, rules, regulations and ordinances. Tenant acknowledges and agrees that Tenant shall be responsible for any and all permits, licenses and approvals required to operate its Improvements upon the Premises. 6. Repairs Throughout the term hereof (including the Additional Term, if applicable), Tenant shall keep the Premises in good condition and repair and shall be responsible for all maintenance, repairs and replacements to the Premises, structural and nonstructural, ordinary or extraordinary, foreseen or unforeseen, including, but not limited to, all structural repairs and replacements to the foundation, exterior or load bearing walls, roof~ and mechanical systems of the Improvements, and any landscaping, sidewalks and parking areas contained on FA the Land Landlord shall not be required to make any repairs, alterations, maintenance or replacements in or to the Premises except as expressly provided otherwise herein or in the Steam PurchPurchase Agreement, the provisions of which are incorporated herein by this reference as if fully ase herein. Utilities and Taxe 7.1 Utilities Tenant and Landlord will each perform their respective obligations with respect to the purchase or provision of water, electricity and sewer to the Boiler Facility as provided in the Steam Purchase Agreement To the extent not addressed by the Steam Purchase Agreement, throughout the term hereof (including the Additional Tenn, if applicable) Tenant shall be responsible for and shall promptly pay as and when due all charges for. potable water, electricity, telephone charges relating to the Boiler Facility (provided Tenant shall be permitted to connect to the main telephone service in place for the Plant) and sanitary sewer, used or consumed in, on or upon the Premises in connection with the operation of the Boiler Facility. Perdue Grain & Oilseed LLC shall provide make-up water relating to the Boiler Facility and fire protection water, and will accept the top and bottom blow down water from the Boiler Facility. No interruption or failure of utilities shall result in the termination of this Lease, or in the abatement of rent. 7.2 Taxes. Throughout the term hereof (including the Additional Tenn, if applicable) Tenant shall pay all taxes, charges and assessments, general and special, ordinary and extraordinary, of every nature and kind whatsoever, relating to the Improvements, whether such tax, rate, charge or assessment shall be for municipal, county, state, federal or any other purpose Whatsoever, Tenant hereby covenanting to pay taxes and assessments upon the Improvements and the personal property used in connection with the operation of the Improvements. Landlord shall promptly furnish to Tenant a copy of all tax bills received by Landlord with respect to the Improvements and Tenant shall furnish to Landlord a receipted tax bill and other satisfactory evidence of payment of such taxes, assessments and charges within ten days after the same are due and payable. 7.3 Tenant's obligations under this Section 7 shall survive the expiration or earlier termination of the Lease. S. Insurance and Indemnity. 8.1. Insurance. Throughout the term of this Lease (as the same may be extended), Tenam shall be required to maintain insurance in accordance with the requirements set forth in the Steam Purchase Agreement (including any agreement therein regarding waiver of subrogation). 8.2. Liability and Indemnification Landlord and Tenant's agreement with respect to liability for damage and indemnification shall be as set forth in the Steam Purchase Agreement. 9. Ca gt1Y. If the Premises, or any portion thereof, ate destroyed or damaged by fire, explosion, or any other casualty, then Tenant shall, as soon as practicable, repair, restore, and rebuild the Premises to a condition equivalent to that existing prior to such casualty, and Shall do so each time and as often as any portion of the Premises shall be destroyed or damaged, and the term hereof (including the Additional Term, if applicable) and the rent and other Payments due hereunder shall continue without modification. if such repair, restoration, or rebuilding is prohibited by applicable law (provided, however, that with respect to applicable zoning or land use laws, Tenant shall first apply for and diligently pace any special exception, permit, or other change that would allow such repair, restoration, or rebuilding), then such casualty shall be deemed to be a taking under Section 10 hereof; any insurance proceeds rued to Tenant relating thereto shall be treated as the award, and this Lease may be subject to termination as provided in Section 10 hereof. Except as provided in the immediately preceding sentence, no damage or destruction of any building or any of the fixtures or other property therein shall be grounds for the termination of this Lease or shall relieve Tenant from any obligation created or imposed by virtue of this Lease, any laws of the state in which the Premises is located to the contrary notwithstanding, including, but without limiting the. generality of the foregoing, Tenant's obligation to make payment of the rent and all other charges on the part of the Tenant to be paid, and Tenant's obligation to perform all other covenants and agreements on the part of Tenant to be performed. Notwithstanding any other provision in this Section 9. however, Tenant shall have no obligation to repair, restore or rebuild the Premises at any time after the Steam Purchase Agreement has expired or been terminated. 10. Public Taking If all or so much of the Premises as shall render the Premises unusable by Tenant for the purposes contemplated by the Steam Purchase Agreement shall be sold to or taken by any public authority under its power of condemnation or the threat theroot then Landlord and Tenant shall endeavor to amend this Lease to the extent necessary for the parties to be able to perform their respective obligations and enjoy their respective rights under the Steam Purchase Agreement. If such amendment is not commercially feasible, then this Lease shall terminate as of the date possession shall be transferred to the acquiring authority, and the rental payable hereunder shall be apportioned accordingly. Upon any taking of a portion of the Premises that does not render the Premises unusable by Tenant for the purposes contemplated by the Steam Purchase Agreement this Lease shall continue in force as to the part of the Premises not taken In the event of any such partial taking, Tenant shall diligently rebuild or restore the remainder of the Premises to the condition in which they existed at the time of such taking, provided that Tenant shall not be required to expend any amounts in excess of the condemnation award received by it In any event, all damages awarded by or amounts paid by the acquiring authority for any taking of the hand shall belong to and be the property of Landlord, and all damages awarded by or amounts paid by the acquiring authority for any taking of the Improvements and Tenant's fixtures and equipment therein shall belong to and be the property of Tenant 11. Assign ent and Subletting. Tenant may not assign or transfer this Lease, or arty estate or interest therein, or sublet all or any portion of the Premises, without the consent of Landlord, which consent may be granted or withheld in Landlord's sole and absolute discretion Notwithstanding the foregoing portion of this Section, however, Tenant may assign this Lease to any purchaser of the Boiler Facility to the extent and in the manner permitted by the Steam Purchase Agreement. 12. Subordination Non-Disturbarice and Attomment This Lease shall be subject and subordinate to any mortgage or deed of trust or other arrangement or right to possession that may now or hereafter be placed upon or affect the Land, the Premises, or any building hereafter placed upon the land of which the Premises are a part. Tenant agrees to enter into a written agreement with any lender of Landlord evidencing such subordination upon Landlord's request Tenant agrees to attorn to any Lender, or such person as may have purchased the Land upon sale, as its new Landlord, and this Lease shall continue in full force and effect as a direct lease between Tenant and the mortgagee or such other person upon all the terms, covenants and agreements set forth in this Lease. Notwithstanding the foregoing portion of this Section, however, Tenant shall have no obligation to enter into any written agreement with any lender of Landlord in connection with any such subordination if such agreement contains any provisions that are inconsistent with this Lease or the Steam Purchase Agreement 13. L fat t 13.1. Events of Default Any of the following shall be an "Event of Default" by Tenant under this Lease: (a) default in any of the material covenants or conditions in this Lease and such default shall continue for thirty (3o) days after written notice thereof shall have been given to Tenant (except that such 30-day period shall be automatically extended for an additional period of time reasonably necessary to cure such default if such default is capable of being cured but cannot reasonably be cured within such first 30-day period and Provided Tenant commences the and diligently pursues the process of curing such default within said first 30-day period and continuously and diligently pursues such cure to completion); or (b) there shall exist any "event of default" with respect to Tenant under the Steam Purchase Agreement for which all notices required under the Steam Purchase Agreement shall have been given and all opportunities to cure (if any) shall have expired and for which Landlord shall have the not to terminate the Steam Purchase Agreement; (c) Tenant shall become insolvent or bankngt or make an assignment for the benefit of creditors; or (d) a receiver or trustee of Tenant's property shall be appointed and such receiver or trustee, as the case may be, shall not be discharged within ninety (90) days after such appointment; or (e) Tenant shall be dissolved or liquidated or proceedings shall have been commenced to dissolve or liquidate Tenant (provided that the defaults set forth in the Preceding items (cl (d) and (e) shall only give rise to a right to terminate this Lease by Landlord if Tenant is also in default under the Steam Purchase Agreement). 13.2, Re -Ma . Upon the occurrence of any Event of Default, if, and only if, Landlord terminates the Steam Purchase Agreement, Landlord may at once thereafter without further notice bo Tenant, notice being hereby waived, terminate Tenant's tenancy and recover possession of and reenter the Premises without accepting a surrender of the Premises or affecting Tenant's liability for past rent and other charges due or future rent and other charges to accrue hereunder. In such event Landlord shall be entitled to recover from Tenant, in addition to rent and other charges equivalent to rent, all other damages sustained by Landlord proximately caused by the breach of this Lease, including, but not limited to, the reasonable costs and expenses and reasonable attorneys' foes incurred by Landlord in enforcing the terms and provisions hereof and in reentering and recovering possession of the Premises. In case of an Event of Default under this Lease, landlord may, in addition to terminating Tenant's tenancy, accepting a surrender, or in lieu thereof, pursue such other remedy or combination of remedies and recover such other damages for breach of tenancy or contract as available at law or otherwise. 13.3. Landlord's Right to Cure. All covenants and agreements to be performed by Tenant under any of the tams of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent If Tenant shall fail to pay any sum of money required to be paid by it hereunder, other than rent, or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for ten (10) days after notice thereof by Landlord, Landlord may, but shall not be obligated to, cure such default, without waiving or releasing Tenant from any other default by Tenant under this Lease; provided, however, that Landlord shall be solely responsible for any damages caused solely by Landlord in connection with Landlord's actions. All sums so paid by Landlord and all necessary incidental costs (including reasonable attorneys' fees) incurred by Landlord in enforcing any of the terms, covenants or conditions of this Lease, or in curing any default or in suing for or obtaining relief by reason of a breach thereof shall be payable as additional rent to Landlord on demand. 13.4. Waivers. A waiver by Landlord of a breach or default by Tenant of the terms and conditions of this Lease shall not be construed to be a waiver of any subsequent breach or default nor of any other team or condition of this Lease, and the failure of Landlord to assert any breach or to declare a default by Tenant shall not be conswed to constitute a waiver thereof so long as such breach or default continues unremedied. 13.5. No Reinstatement No receipt of money by Landlord from Tenant after the expiration or termination of this Lease or after the service of any notice or after the commencement of any suit or after final judgment for possession of the Premises shall reinstate, continue or extend the term of this Lease or affect any such notice, demand or suit 13.6. Cumulative Remedies. All rights and remedies of Landlord created or otherwise available at law or in equity are cumulative, subject to the limitations that might otherwise be set forth in this Lease, and any of Landlord's rights or remedies may be exercised and enforced concurrently or consecutively and whenever and as often as deemed desirable. 14. Costs and Attorneys' Fees. In the event either party institutes any suit or action against the other in connection with this Lease, the prevailing party shall be entitled to recover all reasonable costs and expenses incurred by the prevailing party in connection with such suit or action, including, without limitation, reasonable attorneys' fees. 15. Interest Any amount due from Tenant to Landlord hereunder which is not paid when due shall bear interest at an annual rate equal to the greater of (1) 3% per annvm in excess of the prime rate of interest published from time to time in the Wall Street Journal -Eastern rl Edition or (n) 10% per armum (but in no event shall such rate of interest exceed the maximum rate of interest pemutted to be charged by law), from the date due until paid, compotmded monthly, but the payment of such interest shall not excuse or curs any default by Tenant under this Lease. 16. Notices, 16.1. Operational Notices. All notices required to be given by one party to the other that concern the operation, safety or shutdown of the Boiler Facility, the interconnection equipment or appanduc, the meters or the ]rest exchangers (an "Operational Notice') shall be given both by fax and email and if the situation is an emergency, by telephone or in person or any other means intended to convey the notice as expeditiously as possible followed up by fax or email to confirm such communications. Landlord: Tenant: PerdueAgriBusiness Inc. W.E. Partners I, LLC Mr. Mike Phillips Mr. Garald B. Cottrell Engineering Managing Member 0.(410)543-3425 0.(360)750-3583 C. (410) 430-9907 C. (336) 339-9055 F. (410) 543-3495 F. (360) 750-3483 16.2. Other Notices. All notices and other communications hereunder (other than Operational Notices) shall be in writing and shall become effective, if sent by first class certified or registered mail with postage prepaid and return receipt requested, seven (7) days after deposit in the mails, or, if otherwise sent or delivered, when received, and shall be directed as follows: (i) if to Landlord, at: Mr. Mike Phillips Perdue AgrMusiness Inc. 31149 Old Ocean City Rd, Salisbury, MD 21804-1806 Mr. Randy Day Perdue AgriBusiness Inc. 31149 Old Ocean City Rd, Salisbury, MD 21804-1806 (ii) if to Tenant, at: W.E. Partners I, LLC 1836 Eastchester Dr. suite 108 High Point, NC 27265 7 with a copy to: Wellons, Inc. 2525 Firestone Lane Vancouver, Washington, 98W Attn: Rob Moore, CFO or to such other address as any such person may designate by notice given to the other party hereto. 17. Temination Upon the termination of this Lease, by expiration or otherwise, Tenant shall surrender the Premises to Landlord in the conditions required by the Steam Purchase Agreement, and ownership of any Improvements shall be determined as set forth in the Steam Purchase Agreement 18. Holding Over. In the event Tenant remains in possession of the Premises after the expiration of this Lease without Landlord's consent, it shall be deemed to be occupying the Premises as a tenant from mon&to-month, upon all of the conditions, provisions and obligations of this Lease insofar as the same are applicable to a month -to -month tenancy, provided, however, that Landlord shall retain the right to seek an immediate eviction of Tenant 19. Right of Entry. Landlord shall at all reasonable times (except in the event of an emergency) have the right to enter the Premises to inspect the same, to show the Premises to prospective purchasers, mortgagees or tenants, or to post for rent signs or notices of nontesponsibility, without abatement of rent 20. Estoppel Certificates. Tenant agrees that at any time and from time to time upon not less than fifteen (15) days prior request of Landlord, Tenant shall execute, acknowledge and deliver to Landlord a statement in writing certifying (a) whether this Lease is unmodified and in full force and effect (and if there have been modifications, specifying the same), (b) the dates to which the rent has been paid, (c) whether, to the best of Tenants knowledge, Landlord is in default under any provisions of this Lease (and if Tenant knows of any such default, specifying the same) and (d) such other matters as Landlord, a prospective purchaser or Landlord's mortgagee shall reasonably request It is intended that any such statement may be relied upon by any person proposing to esquire Landlord's interest in this Lease or any prospective mortgagee of, or assignee of any mortgage upon, such interest 21. Non -Liability of Landlord. All property in or about the premises belonging to Tenant, its agents, employees or invitees shall be there at the risk of Tenant or such other person only, and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof. Notwithstanding any provision to the contrary contained herein, Tenant shall look solely to the estate and property of Landlord in and to the Land in the event of any claim against Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant's use of the Premises, and Tenant agrees that the liability of Landlord arising out of or in connection with this Lease, the relationship of Landlord and Tenant, or Tenant's use of the Premises, shall be limited to such estate and property of Landlord in and to the Land. No properties or assets of Landlord other than the estate and property of Landlord in the Land and no property owned by any partner or owner of Landlord shall be subject to levy, execution or other enforcement proceedings or other judicial process for the satisfaction of any judgment or 8 for the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of Landlord and Tenant or Tenant's use of tle Premises. . 22. Transfer by Landlord In the event of a sale or conveyance by Landlord of the Premises, the same shall operate to release Landlord from any future liability upon any of the covenants or conditions herein contained which accrue after the date of transfer, and in such event Tenant agrees to look solely to the successor in interest of Landlord in and to this Lease, provided that the transferee expressly agrees in writing to Ass;ume Landlord's obligations. Tenant's obligations under this Lease shall not be affected by any such sale or conveyance, and Tenant agrees to attorn to the purchaser or grantee, which shall be obligated on this Lease only so long as it is the owner of Landlord's interest in and to this Lease. 23. No Liens. If any mechanic's or materiahnan's lien (or a petition to establish such lien) is filed in connection with construction of the Improvements or any alterations or installations therein, then such lien (or petition) shall be discharged by Tenant at Tenant's expense within thirty (30) days thereafter by the payment thereof or the filing of a bond Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished to be furnished to Tenant, or to anyone holding the Premises or any part thereof through or under Tenant, and that no mechanics' or other liens for any such labor, services or materials shall attach to or affect the interest of Landlord in and to the Premises. Landlord hereby waives any lien rights landlord might otherwise have with respect to Tenant's personal property. 24. Environmental Matters. 24.1. Definition of Hazardous Substances. The term "Hazardous Substances" shall be interpreted broadly to mean any of the following: (i) a "hazardous substance" pursuant to section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601(14), section 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as now or hereafter amended; (ii) a "hazardous waste" pursuant to section 1004 or section 3001 of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6903, 6921, as now or hereafter amended; (in) a toxic pollutant under section 307(aXI) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a)(1); (iv) a "hazardous air pollurtarrt" under section 112 of the Clean Air Act, 42 U.S-C. § 7412, as now or hereafter amended; (v) a "hazardous material" under the Hazardous Substances Transportation Uniform Safety Act of 1990, 49 U.S.C. App. § 1902(4), as now or hereafter amended; or (vi) a "toxic" or "hazardous" material or substance pursuant to any other Federal, state, or local laws, any firture Federal, state or local law, or the rules, regulations, ordinances, and letter rulings adopted from time to time or promulgated pursuant thereto (collectively, "Environmental Laws"). Hazardous Substance specifically includes, but is not limited to, asbestos, polychlorinated biphenyls, petroleum and petroleum -based derivatives, and urea formaldehyde. 24.2. Tenant's Ere ironrnentnt Qnants. During the term, Tenant shall be considered the "owner" and "operator" of the Premises for purposes of the Environmental Laws. Tenant shall not use the Premises for the production, sale or storage of any Hazardous Substances except to the extent such production, sale or storage is necessary or convenient for the perfonnance of Tenant's obligations under the Steam Purchase Agreement. Tenant shall not use any Hazardous Substance in the Premises, and shall not permit any Hazardous Substance to be brought, disposed of, or kept, in or on the Premises, unless said Hazardous Substances are of the type normally used in the ordinary course of operating and maintaining Tenant's facility, and are stored, used and disposed of in accordance with Environmental Laws. Tenant shall not suffer any Hazardous Substance to be emitted, discharged, released, spilled or deposited from, in or on the Premises except to the extent permitted by applicable governmental permits obtained by Tenant in connection with the operation and maintenance of the Boiler Facility. Tenant shall comply and shall keep the Premises in compliance with all Environmental Laws applicable to the Land during the term (including the Additional Term, if applicable) of this Lease. Tenant shall maintain such records as are reasonably necessary to adequately assess environmental compliance in accordance with Environmental Laws. Landlord shall have the right to enter the Premises to inspect the some for compliance with the provisions hereof 24.3. Tenant's Remedistion Work. If Tenant breaches any of its obligations in Section 24.2 hereof, if the Premises become or are determined to be contaminated by Hazardous Substances, or the Premises are in violation of any Environmental Law, then in addition to all other obligations of Tenant set forth in this Lease, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to substantially the same condition existing prior to the introduction of such Hazardous Substances or Environmental Law violation ("Remedial Work'). If the scope and nature of the Remedial Work is dictated by law or the order of any governmental authority, then Tenant shall provide Landlord with copies of all orders and judgments issued by such governmental authority in connection with such Remedial Work prior to the conduct of any such Remedial Work. If the scope and nature of the Remedial Work is not dictated by law or the order of any governmental authority, Tenant shall first obtain Landlord's written approval of such Remedial Work, which approval shall not be unreasonably withheld, conditioned or delayed All Remedial Work performed hereander shall fully comply with all Environmental Laws, and shall be completed promptly. 24.4. I otice of Environmental Matters. Tenant shall notify Landlord in writing of any of the following affecting the Premises during the term, and provide copies of any documents requested by Landlord reasonably related to such matter. (a) Any violations of applicable Environmental Laws at the Premises, and any release or threatened release or disposal of any Hazardous Substances at the Premises; (b) Any environmental, natural resource, health or safety condition which could have a material adverse effect on the Premises; or (c) Any notice of violation, directive, compliance or enforcement action, or threatened litigation concerning any Hazardous Substances or any violation of any Environmental Laws. 10 24.5. Landlord's Right to Further Environmental Studies. At any time during the term hereof (including the Additional Terns, if applicable and upon the expiration or earlier termination of this Lease, Landlord may retain an independent environmental consultant to perform whatever environmental assessment landlord may reasonably require to determine the environmental condition of the Premises. Such environmental assessment shall be at Landlord's expense unless either (i) Landlord has reasonable grounds to believe that any Hazardous Substance has been released within the Premises by or through Tenant and Landlord has previously requested Tenant (after advising Tenant of Landlord's concerns) to obtain such an environmental assessment and Tenant has refused to do so or (ii) such environmental assessment reveals the presence of any Hazardous Substance, and such Hazardous Substance does not constitute a Commencement Date Em+ironmentai Condition, in either of which circumstances such environmental assessment shall be at Tenant's expense. 24.6. Indemnification Each party shall indemnify, defend and hold the other party, its agents, employees, representatives and affiliates barmless from and against any and all claims, losses, liabilities, lawsuits, judgments, damages, penalties, fines, liabilities, losses, costs and expenses, including, but not limited to, reasonable attorney's fees, incurred to enforce this indemnity or otherwise, whether arising during or after the term, that arise directly or indirectly from, out of, or by reason of any breach of the indemnifying party's representations, warranties, covenants, or other obligations under this Section 24. The foregoing indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remediation, removal or restoration work required by any governmental authority. other regulatory agency or political subdivision because of Hazardous Substances present in the soil or ground water on or under the Premises. 24.7. Survival. Tenant's obligations and liabilities under this Section 24 shall survive the expiration or earlier termination of this Lease. 25. Binding Effect. The covenants, agreements and obligations herein contained, except as herein otherwise specifically provided, shall extend to, bind and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns. 26. Interpretation The laws of the State of Maryland (without regard to its choice of laws provisions) shall govern the validity, performance and enforcement of this Lease. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision Whenever the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. The captions appearing in this Lease are inserted only as a natter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or paragraphs of this Lease nor in any way affect this Lease. 27. Authority. Each individual executing this Lease on behalf of Tenant represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of Tenant. Each individual executing this Lease on behalf of Landlord represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of Landlord 28. Miscellaneous. 28.1. Waivers. One or more waivers of any covenant or condition by Landlord shall not be construed as a waiver of a subsequent breach of the same covenant or condition, and the consent or approval by Landlord to or of any act by Tenant requiring Landlord's consent or approval shall not be deemed to render unnecessary Landlord's consent or approval to or of any subsequent similar act by Tenant. No breach of a covenant or condition of this Lease shall be deemed to have been waived by Landlord, unless such waiver be in writing signed by Landlord. 28.2. Entire Agreement This Lease sets forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant concerning the Premises, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than are herein set forth. No alteration, amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless reduced to writing and signed by each party. 28.3. Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly or any other rent or charge herein stipulated shall be deemed to be other than on account, nor shall any endorsement or statement on any check or any letter accompanying any check or payment of any rent or charge be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or charge or pursue any other remedy in this Lease provided. 28.4. No Agency. Nothing contained in this Lease shall be taken or construed to create any agency between Landlord and Tenant or to authorize Tenant to do any act or thing or to make any contract so as to encumber in any manner the title of Landlord to the Land or to create any claim or lien upon the interest of Landlord in the Land. 28.5. No Recordation_ Memorandum of Lease. Neither Landlord nor Tenant shall record this Lease, and any recordation of this Lease shall be void. Landlord and Tenant shall, upon request of either patty, execute a short form or memorandum of lease, in recordable form, evidencing the existence of this Lease, provided that the party requesting the memorandum shall pay all recording and state, county and local transfer fees and/or taxes imposed as a result of such memorandum. 28.6. Brokers. Landlord and Tenant each represent that it has not engaged a real estate broker in connection with this Lease. Each party shall indemnify and hold the other harmless from and against any claim or claims for brokerage or other commissions arising from or out of its dealings with any other broker in connection with this Lease. 28.7. Waiver of hav Trial. LANDLORD AND TENANT WAIVE TRIAL BY JURY IN ANY ACTION, CLAIM OR COUNTERCLAIM BROUGHT IN CONNECTION WITH ANY MATTER ARISING OUT OF OR IN ANY WAY 12 CONNECTED WITH THIS LEASE, THE LANDLORD -TENANT RELATIONSHIP, TENANT'S USE OR OCCUPANCY OF THE PREMISES OR ANY CLAIM OF INJURY OR DAMAGE. 28.8. Lease Under Seal. This Lease shalt, for purposes of applicable law, be under deemed a deed of lease executed der seal 28.9. Time of the Essence. Time is of the essence in connection with this Lease and the performance of obligations under it. 28.10. Counterparts. This Lease may be executed by the parties in separate counterparts, by facsimile or otherwise, each of which when executed and delivered shall be an original but all such counterparts shall constitute but one and the same instrument. 28.11. Severability. Any provision of this Lease, which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 28.12. Further Assurances. Each patty hereby agrees to execute and deliver all such instruments and documents and to take all such actions as the other party may from time to time reasonably request in order to effectuate fully the purposes of this Lease. 28.13. E. All legal, accounting, and consulting fees incurred by either party in connection with this Lease or incident thereto, shall be borne by the respective parties. 28.14. No Joint Venture. Partnership or A cea n v Agreement The parties do not intend there to be a joint venture, partnership, or an agency agreement formed as a result of entering into this Lease. Neither party will have a fiduciary obligation to the other. 28.15. No Third Party Beneficiary. Except as otherwise specifically provided in this Lease, this Lease will not create any rights in third parties, and no provision hereof will be construed as creating any obligations for the benefit of, or rights in favor of any person or entity other than Landlord and Tenant 28.16. Confidentiality. The terms of this Lease shall be maintained as confidential by the parties, except as may be required to carry -out the terms of the Steam Purchase Agreement after notice to the other party, or to satisfy reporting or disclosure requirements of public companies before appropriate governmental agencies. [Signatwe Page Follows] 13 [Signature Page to Gromrd Lease Agreemen] IN WITNESS WHEREOF, the undersigned have c=uted this Lease as of the date first above written, with the intention of creating an instrument under seal. PERDUEi' I I'INC. d i� TENANT: I� -j GUARANTOR: WELLONS INC. 14 LMAEXPRESS Pamlico Engineering Services, PLLC 128 Abbey Lane WASHINGTON, NC 27889 PHONE (252)945-2983 SEP 09 2010 RAC DENR hp,co Ineinceiine u vices To: Date: 9/8/10 Job No. 10014 NCDENR - DWQ Attention : Scott Vinson WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ® Plans ❑ Samples ❑ Copy of letter ❑ Change order ❑ ❑ Specifications COPIES DATE No DESCRIPTION 2 9/8/10 Application 2 NARRATIVES 2 PLANS 1 $4000 CHECK 1 USGS QUAD SHEET t DEED & LEASE AGREEMENT Check List THESE ARE TRANSMITTED as checked below ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 20- ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: Please call if you have any questions. Marie U. Peedin, PE. EXPRESS SEP 09 2010 NC DENR oae Aj North Carolina Department of Environment and Reviewer' �� Natural Resources Submil NC®ENR Request for Express Permit Review Time c0drm. FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. FAX or Email the completed form to Express Coordinator along with a completed DETAILED narrative site plan IPDF file) and vicinity map (same items expected in the application package of the project location. Please include this form inthe application package. • Asheville Region -Alison Davidson 828-296.4698;alison.davidson(alncdencpov • Fayetteville or Raleigh Region -David Lee 919.791-4203, david.lee(a)ncdenr.gov • Mooresville & -Patrick Grogan 704-663-3772 or patrick.aroaaniiii,ncdenr.,qov • Washington Region -Lyn Hardison 252-946-9215 or lvn.hardison(q),ncdenraov • Wilmington Region -Janet Russell 910.350-2004or Janet.russell�ncdenr.aov NOTE: Project application received after 12 noon will be stamped in the following work day SW SW SW SW SW Project Name: W E PARTNERS/ - PERDUE COFIELD County: HERTFORD Applicant: GARALD COTTRELL . Company: W E PARTNERS I LLC Address: 1836 EASTHESTER DR City: HIGH POINT, State: NC Zip: 27265-_ Phone: 360-750-3500 Fax: _-_ Email: steve.lail@wellons.corn Physical Locafion:242 PERDUE ROAD Project Drains into DEEP CREEK waters —Water classification CNSW (for classification see-http://h2o.enr state nc u�Ibims/reportslreoz)rtslNB html) Project Located in CHOWAN River Basin. Is project draining to class ORW waters? N , within''/: mile and draining to class SA waters N or within 1 mile and draining to class HOW waters? N Engineer/Consultant. PAMLICO ENGINEERING SERVICES Company: MARIE PEEDIN =VIP®Ei�� Address: 128 ABBEY LANE City: WASHINGTON, State: NC Zip: 27889-_ ia�Ilfi' CC''�� �v S Phone: 252-945-2983, Fax: 252-974-7618, Email. PESPLLC@EMBAROMAILCOM SEP 09 2010 SECTION ONE: REQUESTING A SCOPING MEETING ONLY ❑ Scoping Meeting ONLY ® DWQ, ❑ DCM, ® DLR, ❑ OTHER: _ NC ®ENR SECTION TWO: CHECK ONLY THE PROGRAM IS) YOU ARE REQUESTING FOR EXPRESS PERMITTING ❑ 401 Unit ❑ Stream Origin Determination: _ # of stream calls - Please attach TOPO map marking the areas in questions ❑ IntermittentiPerennial Determination: _ # of stream calls - Please attach TOPO map marking the areas in questions ❑ 401 Water Quality Certification ❑ Isolated Wetland (_linear ft or _acres) ❑ Riparian Buffer Authorization ❑ Minor Variance ❑ Major General Variance ® State Stormwater ❑ General ❑ SFR, ❑ SFR < 1 ac. ❑Bkhd & Bt Rmp , El Clear Grub, Utility ❑Other El Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales r ❑ ❑ Off -site [SW _ (Provide permit #)) ❑ High Density -Detention Pond _ # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems ® High Density -Bio-Retention 1 # Treatment Systems ❑ High Density —SW Wetlands _ # Treatment Systems ❑ High Density -Other _ # Treatment Systems /❑ MOD:❑ Major ❑ Minor ❑ Plan Revision ❑ Redev. Exclusion SW (Provide permitk) ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts 9 ❑Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ® Land Quality ® Erosion and Sedimentation Control Plan with 3 acres to be disturbed.(CK # (for DENR use)) SECTION THREE - PLEASE CHECK ALL THAT IS APPLICABLE TO YOUR PROJECT.(for both scoping and express meeting requests Wetlands on Site ❑ Yes ® No Buffer Impacts: ® No ❑ YES: —acre(s) Wetlands Delineation has been completed. ❑ Yes ® No Isolated wettand on Property ❑ Yes ® No US ACOE Approval of Delineation completed: ❑ Yes ® No 404 Application in Process w/ US ACOE: ❑ Yes ® No Permit Received from US ACOE ❑ Yes ® No For UENR use only_ Fee Splk for mukiple perm its: (Check# 'v5 - SUBMITTAL DATES Fee w, rco numuur a I/v `� CW SUBMITTAL DATES Fee $ Variance (E]Mal: El Min) g SW (❑ HD, ❑ LD, ❑ Gen) $ 3 Z.�J 401: Wti $ 71�3 _, Stream Deter,_ $ $ NCDENR EXPRESS March 2009