SW8070319_Historical File_20080701

W A T<c94G
C0 7
July 1, 2008
McKinley D. Dull, Manager
Highway 421 Properties, LLC
3807 Peachtree Ave, Suite 200
Wilmington, NC 28403
Subject: Stormwater Permit No. SW8 070319MOD
Ferguson Distributors
High Density Subdivision Project
New Hanover County
Dear Mr. Mr. Dull:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
Ferguson Distributors on May 13, 2008. Staff review of the plans and specifications has determined
that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW8 070319MOD, dated July 1, 2008, for the construction of
the project, Ferguson Distributors.
This permit shall be effective from the date of issuance until August 8, 2017, 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 adjudicatory hearing upon written request within sixty (60) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact David
Cox, or m at [phone].
Si rely,
/�3 ",X-
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/dwc: S:IWQSISTORMWATERIPERMIT1070319MOD.ju108
cc: Jason R. Carmine, P.E., Coastal Land Design, PLLC
New Hanover County Inspections
City of Wilmington Stormwater Services
New Hanover County Engineering
David Cox
Wilmington Regional Office
Central Files
NO"` ron Caa
�iura�
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: w%yw ncwaterquality ore Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

State Stormwater Management Systems
Permit No. SW8 070319MOD
111
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
McKinley D. Dull & Highway 421 Properties, LLC
Ferguson Distributors
3881 US HWY 421 North, New Hanover County
FOR THE
construction, operation and maintenance of a we+ detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules) and
the approved stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until August 8, 2017 and shall be
subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
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 1.6 on page 3 of this permit.
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. The runoff from all built -upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
5. Each lot within the subdivision whose ownership is not retained by the permittee,
must submit a separate Offsite Stormwater Management Permit application
package to the Division of Water Quality and receive a permit prior to any
construction on the lot.
Page 2 of 8

State Stormwater Management Systems
Permit No. SW8 070319MOD
6. The following design elements have been permitted for this wet detention pond
stormwater facility, and must be provided in the system at all times.
a.
Drainage Area, acres:
13.84
Onsite, ft:
602,992
Offsite, ft2:
None
b.
Total Impervious Surfaces, ft2:
382,411
c.
Pond Depth, feet:
6
d.
TSS removal efficiency:
90%
e.
Design Storm, inches:
1.5
f.
Permanent Pool Elevation, FMSL:
14.5
g.
Permitted Surface Area @PP ft2:
39,262
h.
Permitted Storage Volume, it':
65,388
i.
Storage Elevation, FMSL:
16.00
j.
Controlling Orifice:
4" 0 pipe
k.
Permanent Pool Volume, ft3:
196,415
I.
Forebay Volume, ft3:
41,803
m.
Maximum Fountain Horsepower:
1/2
n.
Receiving Stream / River Basin:
Cape Fear River/Cape Fear
o.
Stream Index Number:
15-25-1-9
p.
Classification of Water Body:
"C; Sw"
II. SCHEDULE
OF COMPLIANCE
1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature
(such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for
the entire lot does not exceed the maximum allowed by this permit. Once the lot
transfer is complete, the built -upon area may not be revised without approval
from the Division of Water Quality, and responsibility for meeting the built -upon
area limit is transferred to the individual property owner.
3. If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve the homeowner
of the responsibility to maintain compliance with the permitted BUA limit.
4. 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 the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision, acquisition, 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 k.1egetwtive conveyanC2 shown on the
approved plan.
Page 3 of 8

State Stormwater Management Systems
Permit No. SW8 070319MOD
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
7. 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.
8. 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.
9. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
10. 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.
11. 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.
12. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
13. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function at optimum efficiency. The approved Operation and Maintenance Plan
must be followed in its entirety and maintenance must occur at the scheduled
intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
c. Mowing and re -vegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
14. Records of !maintenance actiN:ities :rust "e kept a^d made available upon
request to authorized personnel of DWQ. The records will indicate the date,
activity, name of person performing the work and what actions were taken.
Page 4 of 8

State Stormwater Management Systems
Permit No. SW8 070319MOD
15. 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.
16. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 070319MOD, as
issued by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants. are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area for this parcel is 285,411. This allotted
amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters, which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
17. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, the signature of the Permittee, the
deed book number and page, and the stamp/signature of the Register of Deeds.
18. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
19. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the deepest
part of the pond.
c. The falling water from the fountain must be centered in the pond, away from
the shoreline.
Page 5 of 8

State Stormwater Management Systems
Permit No. SW8 070319MOD
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 1/2 horsepower.
20. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. In the event there is either a desire for the facilities to
change ownership, or there is a name change of the Permittee, a
"Name/Ownership Change Form" must be submitted to the Division of Water
Quality accompanied by appropriate documentation from the parties involved.
This may include, but is not limited to, a deed of trust, recorded deed restrictions,
Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. 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 of the terms and conditions
of this permit until such time as the Director approves the transfer request.
3. 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), which have 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 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.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
9. A copy of the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Permit issued this the 1st day of July, 2008
NORTH OLINA ENVIRONMENTAL MANAGEMENT COMMISSION
/L6/,
for Coleen H. Sullins, Director
Division of Water Quality
Page 6 of 8

State Stormwater Management Systems
Permit No. SW8 070319MOD
By Authority of the Environmental Management Commission
Ferguson Distributors Page 1 of 2
Stormwater Permit No. SW8 070319MOD
New Hanover_County
Designer's Certification
I, , as a duly registered in
the State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form is a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 7 of 8

State Stormwater Management Systems
Permit No. SW8 070319MOD
Certification Requirements:
Page 2 of 2
The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
.10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
New Hanover County Building Inspections
Page 8of8

0f Michael F. Easley, Governor
.��' �Q
T William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
WATER QUALITY SECTION
COASTAL STORM`11V`ATER PERMIT NAME/OWNERSHiP CHANGE FORM
CURRENT PERMIT INFORMATION:
Stormwater Management Permit Number: 514118 0-70319M0D
Permit Holder's Name: CAPE FEnR 1 nVvesTMOUT 40M )) E&24fme7%lr, I-L-c.
3. Signing official's Name:
4
Ro► ekr. E. NI.CKR136e, = Title: AIA"f 6eR
(person legally responsible for permit)
Mailing Address: 1611 CAsTZE M4Y/yE ROA6, 8ujLoitiG 6
City: WIL-.'nllyr-ry" State: nic. Zip: Z$gOI
Phone: (91o) 343 - $ ?—oo
Fax: Laid) 1��3 goo
NEW OWNER / PROJECT / ADDRESS INFORMATION:
1. This request is for: (please check all that apply)
a. Change in ownership of the property/company (Please complete Items #2,
#3, and #4 below)
b. Name change of project (Please complete Item #5 below)
C. Mailing address change. (Please complete Item #4 below)
d. Other (please explain):
2. New owner's name to be put on permit: 1416HWAV 411 P9006AVC-5 LIZ
3. New owner's signing official's name and title: MCIAIL-6 4 Q - DUL-L
Title: MAMA 669
4. New Mailing Address: 34j01 &ACII7/CE�r, AwsreVye -4-viz ZOO
City: W1I'MI/V6-(c7 1' State: i/G Zip: 7-0It0
Phone: 410) .31 L' 6 O A Fax: dI Q J15 - 6,60 _
5. New Project Name to be placed on permit: N h GN 4A16& 1
D E C E I V E
Page 1 of 2 JUN 10 2008
*cuoha&4411
DWQ
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone
Wilmington Regional Office Internet: www.ncwaterquality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50°% Recycled/10°% Post Consumer Paper

PERMIT NAME/OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER
QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED
WITH THE SUBMITTAL.
REQUIRED ITEIJS:
1. This completed form.
2. Legal documentation of the transfer of ownership.
3. A copy of the recorded deed restrictions, if required by the permit.
4. The designer's certification, if required by the permit.
5. A signed Operation and Maintenance plan, if a system that requires maintenance will
change ownership.
6. Maintenance records.
CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT
HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP.
FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S
CERTIFICATION.
Current Permittee's Certification:
I, ?,0B RT E. Mc"&W, 3IL , attest that this application for a name/ownership
change has been reviewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as ' c mpl te.
Signature: Date: 6 "S- -O 9
New Applicant's Certification: (Must be completed for all transfers of ownership)
I, ANt)[ItjLc--y D . W 1-L. , attest that this application for an ownership
change has been r viewed and is accurate and complete to the best of my knowledge. I
understand that if all required parts of this application are not completed and that if all required
supporting information and attachments are not included, this application package will be
returned as in om I X/
Signature: Date: u�
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS:
North Carolina Department of Environment and Natural
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Page 2 of 2
Resources
®ECER.ve
�e
JUN 10 2OJ8
[two
PROJ #

Date: o r
Project Nam: -J .�%is -76 -'- S -
Project W:'-S��O �03/� County: ��'� f� killed -
The Wilmington Regional Office of the Division of Water Quality received
your Stormwater Permit Name/Ownership Change request on -40 O$r
Your project will be reviewed within 75 days of receipt & you will be notified
if additional information is needed.
If you have any questions, please contact any member of the Stormwater
review staff in the Wilmington Regional Office at [phone].
Jo Casmer
Administrative Assistant
w�

(Excise Tm) $2550.00
Recording time, Book and Page
Tax Parcel No. R03200-001-033-000, R03200-001-034-000 and R03200-001-035-000
Prepared By and James A. MacDonald
Return To: Allen, MacDonald & Davis, PLLC
1508 Military Cutoff Road, Suite 102
Wilmington, NC 28403
After recording mail to: HWY 421 Properties, LLC
1508 Military Cutoff Road, Suite 302
Wilmington, North Carolina 28403
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF NEW HANOVER
'PHIS DEED, made this $tlliay of May, 2008, by and between CAPE FEAR INVESTMENT
& DEVELOPMENT, LLC, a North Carolina limited liability company, hereinafter called the
Grantor, and HWY 421 PROPERTIES, LLC, a North Carolina limited liability company,
hereinafter called the Grantee. The designation Grantor and Grantee as used herein shall include said
parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or
neuter as required by context.
WITNESSETH:
THAT said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, have granted, bargained, sold and conveyed and by these presents does hereby
grant, bargain, sell and convey unto the said Grantee, their heirs, successors and assigns, in fee simple,
all that certain lot or parcel of land situated in New Hanover County, North Carolina, and more
particularly described as follows:
BEING ALL OF THAT PROPERTY SHOWN ON EXHIBIT "A" WHICH IS
HERETO ATTACHED AND INCORPORATED BY REFERENCE.
Together with all and singular the tenements, hereditaments and appurtenances thereunto
belonging, or in anywise appertaining.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee
simple, and has the right to convey the same in fee simple, that title is marketable and free and clear
of all encumbrances, except 2008 ad valorem taxes, ordinances and municipal building code
restrictions, if any, and those matters set forth in the attached Exhibit B, and that Grantor will
WARRANT and DEFEND the title against the lawful claims of all persons whomsoever rn
r C
exceptions herein stated.
.JUN 10 20018
Dwc.
PROD #

WITN9.SS: W
i
ER) OF, the Grantor has caused this instrument to be signed by its duly
authoriz
d manager, the
ay and year first above written.
CAPE FEAR INVESTMENT &
DEVELOPMENT, LLC,
a North Carolina limited liability company
BY:
ROBE T E. ItUCKAB , III Member
t,.a:
BY:
-CN
J Y M. STOKLEY, SR., Member
STATE
QFNORTH CAI
OLINA
CO UNT
OF NEW Hh!9
OVER
I
ertif} tlkat "the
11ow�ng person personally appeared before me this day, acknowledging
to me th
f . even . aril
igned the foregoing document for the purpose stated therein and in the
capacity
ndicatORB
RT E. HUCKA BEE, III, Member of CAPE FEAR INVESTMENT
& DEVI
10PI I,'.
C, 8 North Carolina limited liabilitycompany [CHECK ONE] EF
(i) I have
perseff4.Rho
dge ;of the identity of the principal; or ❑ (ii) I have seen satisfactory
evidence
of the princi ,
identity by a current state or federal identification, with the principal's
photograph,
in the fQ' i
a
ay 8 , 2008.
N R
.•.`/may
r
....
a
e •
f
•
cilia �e�
ary Pub c Signature
otary)
i18LIG •"
Lynn R. Ward
Notary Public's Printed Name
��•ff�11f
R
4•yyNr,d�
My Commission Expires: 5-18-08
STATE OF
NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person personally appeared before me this day, acknowledging
to me that he voluntarily signed the foregoing document for the purpose stated therein and in the.
capacity indicated: JEFFREY M. STOKLEY, SR., Member of CAPE FEAR INVESTMENT
& DEVELOPMENT, LLC, a North Carolina limited liability company [CHECK ONE] CJ
(i) I have personal knowledge of the identity of the principal; or ❑ (ii) I have seen satisfactory
evidence of the principal's identity by a current state or federal identification, with the principal's
photograph, in the form of a
,;e.
ary blic i aKay 8 ,
ture 2008.
(Official Seal of Notary)
Lynn R. Ward
.:..•r•ew—
a 0
V-.04
g i NOTAO
y'.t�LIG
Notary Public's Printed Name
My Commission Expires: 5-18-08
♦ q0 R ,GOB

EXRIBIT "A"
BEING all of Tract "B", consisting of 7 acres, Tract "C", consisting of 5 acres, and Tract
"D", consisting ;of 5 acres, as the same are shown on a map entitled "INVISTA S.A.R.L.
D�VISION TRACg S "A", "B", "C", "D", on plat prepared by Michael Underwood and
Associates, P.A dated September, 2004, and recorded in Map Book 46, at Page 325 of the
New Hanover County Registry (the "Property").

EXHIBPP "B"
1. Various rights of way granted to Carolina Power and Light Company recorded in
Book 528, at Page 73; Book 560, at page 253; Book 628, at Page 651; Book R 14_ at
Page 160; Book 953, at Page 766; Book 1023, at Page 336; Book 1142, at Page 56,
and Book 1187, at Page 991 of the New Hanover County Registry.
2. Easement to City of Wilmington recorded in Book 1699, at Page 1272 of the New
Hanover County Registry.
3. Easement to the Lower Cape Fear Water & Sewer Authority recorded in Book 1147,
at Page 243 of the New Hanover County Registry.
4. Easement as shown on the map recorded in Map Book 8, at Page 90 of the New
Hanover County Registry.

L ACKNOWLEDGMENT OF RECEIPT OF SETTLEMENT STATEMENT
Borrower:
HWY 421 PROPERTIES, LLC
Seller:
CAPE FEAR INVESTMENT & DEVELOPMENT, LLC
Lender:
PARK STERLING BANK
Settlement Agent:
ALLEN, MACDONALD & DAVIS, PLLC
[phone]
Place of Settlement:
1508 MILITARY CUTOFF ROAD, STE 102
WILMINGTON, NC 28403
Settlement Date:
May 8, 2008
Property Location:
17 ACRES OFF US HWY 421
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and
that I have receive a copy of the HUD-1Xettlement Statement. accurate statement of all receipts and disbursements made on my account or by me in this transaction. l further certify
HWY 42�j OP S, C CAP �FVARI
TM NT DEVELOPMENT, LLC
BY: II BY:
BY: Ifr - �o
To the best of my knowledge, the HUD-1 Settlement Statement which I have prepared is a true and accurate account of
the funds which were received and have been or will be disbursed y the undersigned as part of the settlement of this
/AMES A. MACDONALD/LRW
ettlement Agent
WARNING: It Is a crime to knowingly make false statements to the United States on this or any similar form. Penalties
upon conviction can include a fine and Imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section
1010.
HUD7(345) RESPA, H843M 2